OMITTED REGULATIONS

    The following Regulations are hereby omitted:

REGULATIONS

THE CUSTOMARY LEASEHOLDS (ENFRANCHISEMENT) REGULATIONS

(Section 11)

[8th August, 1969]

G.N. No. 206 of 1969

    1. These Regulations may be cited as the Customary Leaseholds (Enfranchisement) Regulations, and shall come into operation on the date of publication.

    2. In these Regulations, unless the context otherwise requires–

    "the Act" means the Customary Leaseholds (Enfranchisement) Act *;

    "area" means a geographical area in which is to be found a common or uniform customary land tenure;

    "enfranchised land" and "tenancy" have the meanings assigned to them in the Act;

    "ex-landlord" means a person who before the coming into operation of the Act was a landlord and "ex-tenant" shall be construed accordingly.

    3. These Regulations shall apply to every piece or parcel of land enfranchised under section 4 of the Act and in accordance with the provisions of section 2 of the said Act.

    4. Every ex-tenant in whom enfranchised land shall vest under section 5 of the Act shall hold and use the same in accordance with the customary law of the area, in which the land is situated except in so far as any such rule of customary law is inconsistent with the provisions of the Act.

    5. (1) Any trust, incumbrance, interest, right, term or condition vesting in the ex-tenant with the enfranchised land shall have effect in so far as the same does not bring into question the fact of enfranchisement.

    (2) Within six months from the date of publication of these Regulations it shall be the duty of the ex-landlord to declare by written notice served on the ex-tenant the trust, incumbrance, interest, right, term or condition effecting or burdening the enfranchised land or subsisting in or over it.

    (3) Any dispute arising out of in connection with such declaration shall at the instance of the ex-landlord or ex-tenant be submitted to and be determined by the Tribunal and such dispute shall be proceeded with as if it were a dispute under the Act.

    (4) Notwithstanding the provisions of subregulation (3) hereof and where the circumstances dictate, the ex-landlord may, after the expiration of six months but not later than twelve months, make, and the Tribunal shall hear and determine a dispute arising out of, a declaration.

    6. The ex-tenant shall not create interests or rights of whatsoever nature or kind in or over the enfranchised land or any part or portion thereof or any building thereon the effect of which would be to give rise to a tenancy:

    Provided that this shall not be construed as precluding the ex-tenant from selling, mortgaging or in any other way dealing with the enfranchised land or any part thereof or any building thereon in accordance with the customary law of the area.

    7. The Local Customary Law (Declaration) Order, 1963 * shall apply in so far as it regulates devolution of any interests or rights therein on death.

    8. The Nyarubanja Landlord and Tenant (Bukoba District) Rules, 1956 in connection with the Bukoba District are hereby revoked. {/mprestriction}