Land (Conduct of Auctions and Tenders) Regulations, 2001 (L.N. No. 73 of 2001)

OovaoomNT Nc:1T'tC!n No. 73 p.1.bli.moo on 4/5/2001 THE LAND ACT (No. 4 o, I 999) THE LAND (CONDUCT OF AUCTlONS AND TENl>EF'' REGULATIONS. 2001 (Made under ,ections 52 and 179) J'ARTI PRELIMINARY T/lc:,e Rcttu1.«.tiot1!: may bf cited as the l,and (Condtl<'t ,,,,· Atictiotl$ and ·1 enders) Kcgulations 2(101. 2. In these Regulations, unless the context otbrrwiii<:: rcqwrc~ "Act" means the Lillld Act, I Q99; authon7,eJ officer'' has the meaning ascribed to this cxpr1:s:.-inn bv '·"· Act; 631 llN, No. IJ (contd.) Tender and aui::tion Direction by the Minister Agent .Publication of date of auction Land (Conduct of Auctions and Tender.s) "Committee" metm~ the land al!()C~tiu11 committee established under sect1011 12 uf the /\rt; "Commissioner" means 1l1e ('om1nissioncr for Lands; "Ministry" means the Mirnstry responsible for land; "Minister" means the Minister rc,pnn~ihle for lm1d PAR'r II Gf.l'-1•:RAL 3.-(l) Prime residential, commercial and industrial land will be ajlocated in a transparent manner such as open tender or auction. (2) The local government authority shall recommend to the Commissioner, areas of land that may be made available by tender or auction. 4. The Minister may, after considering the advice of the Commissioner, by order published in the Gazette and in at least two local daily dn:uhtliug 11t.W:<j1i\pcr;; lll Ki~wnhili and English respectively gernxally or with r~garci to specific land, direct that general land should be disposed ofby means of auction or process of tender. PARTIJI AUCTIONS 5. The Committee shall appoint as its agent by name a licensed land broker, real estate agent or Court Broker for each parcel of land available for m1ction . 6 The Agent ~hall publish in one Swahili and one English daily circulating news paper in the district and on public notice boards the <;late of the auction which shall be not les:1 than twenty one ( 21) days before the l:luction a~ well 11.s conditiom ofthc nuotion. 632 Land (Conduct of Auctions and Tenders) G.N, No, 73 ((:onfd.J 7. The Committee may agree upon a reserved price Reserved recommended by a qualified valuer but such reserved price shall not Pfice officer shortly before the auction on the date of the auction. S. F.very auction shall be conducted by t~ Agent in the ptese11ce of an authorized officer. 9. The Agent sha\\ declare as winner the name of th-e highel)t bidder if his bid is higher thafl the reserved price. 10.-(l) The winner 1.lhall immediately, on the spot, pay or cause to be paid by bankers cheque to the Ministry and in the name of 1he Permanent Secretary of the Ministry through the Agent twenty five per cent of the purchase price. The balant-e of the purchase price ~rmll h~ pl) id to the Minisll'y thrnngh the Au:ent within sixtv (60) days of lhe date of the auction. (2) If the balance of the purchase price is not paid with 1he prc..~cribcd period hnlf of the amount paid by the winner slwil be forfeited to the Govet11ment and shall not be recoverable by the winnet. (JJ H the balance of the purchase price is nol paid within the presciibe<I pei.-iod <w the winner does not pay twenty five pet <·.ent o( the purchase price on the date of the auction the auction will be repeated on ~ubsequent occasion or occasions until a winner is found. (4) The agent shall send a report to the respective local gover11ment authority of to the Ministry as the case may be, in respect to the winner of the auction and the purchase price oJ that land. l l, If the reserved price is n◊t reached, the Agent shall Jecb.r<"- "" withri11t di&closing tho amount and the auction will be repeated on $1lbsequcn1 o-:ta:-ion or occasions untlt a winn.er is found. ] 2, Any dispute arising out of the conduct of the auction shall oe referred to th~ D'1>11 kt Lind <1nd Hou;iing Tribunal. 633 Pte~ence of officer PaYlllent Reserved price not reeched Arbittation G.N. No. 1'> fronraJ CnJli"6 fot Ten.d,m T=of T1mder Ojl{)ning of 'fotld~rs l,bt Land (Conduct qf Auctions and Tenders) PARTIV TENDERS 13. The Cott11nittt:c ~httll .:;iu!I fot toodon; by publio notioo ,:it the District Hcadquaners and where advisable iri Qne loca\ Swai'liii and one English daily circulating newsp.ipcr i» the district at Jeas:t two mcmms Oelbre {ne aate. ,;i.f opcntng or wnui;n;, 14. The notice calling for te:ndets shall be brief and explicit and oni;e tend.em have beott called for, no variations shall be made to the tenns, but if clianges are essential, the whole process shnli commence afresh. 15, Every tender, which should be in a soaled enveiope, received either by post or by h/1.nd must be placed, unopened, in a locked box provided fot \be purpose and where tenders an: received by l'ln ofG;,,e,· 1.•ny,,:,o.,f•f~ t(I tlf'.\ll with them hr. 11.htmkl initil11 llnd thtm stamp the envelopes with the Q(ficia\ da¼l stamp immediately they are r~ceived by him before p);1cio,g them in the box, 16. On the date lllld hour at which a tender closes, and in no circumstances before, 1hu box nu1~t be dewed and the tenders opened by the authorized omi.:er in 'the presence of at \east one other memUl';:l (If the Committee and notkes may provide that the tenders shall be opened at a meeting llfth.e C<:m1n"\\Uee itJ \he pres;;nce oftendorcrs. 1 ·1. T0r,Je,rs .ihall be 1111mhrred crmnecutlve!y (the last one "t,dng endorsod ''and tas:t") tmd initialed by the authorized officer and the witnessing member 1:md a fo:r {"m triplicate) of 1he tenders she.wing the number of the tcrnk1 mid tl1c nnmc of th~ tond~ror ohc-uld be prepared and signed by both pet~O\ll>, and the ofiginat shall be retained by the- authorized officer for eventual incorporation in fue minutes, the duplicate ia; to he retamed oy \he witncssin,g 11wmbc1 am1 the tripi\ca\e ts. \() \>t for'>\l;,yQe~ \\!> t'nc accl)v.'3\ g (;\ffv.et ij{ \~ &strict or urban authority or the Ministry as the case may be, together with the original tenden,, in~ sealed enve\ope 01" a tocked box. 634 Land (Conduct of Auctions and Tenders) G.N. No. 73 (contd.) 18. The Committee shall meet within two days of the date of Meeting of the npe,ning nf ti,nder• to •efoct the winner and all tenders on the liet shall Cmnmi,me be considered by the Committee, and the Committee need not acci:pt the highesl tender if it is below the reserved price or if it is conaidet'ed not to be in thc public interi;:sl w uu su; <.!~tails of lhe teasons for not accepting the highest tender shall be recorded in ·the minutes. l':I. Minutes of meetings shall be recorded by the Secretary and signed by the Chairman after confirmation by the Committee. Within seven days of the meeting of the Committee the Secretary shall notify the successful tenderer and shall notify each unsuccessful f P1ldetn nf fhP. nnn-nr.M,ptance of his tender and details of the successful tender. 21. The ;;1,1cves,ful tendl)cre-.r ~all pay or cause to be paid by bankers cheque to the Ministry and in the name of the Permanent Secretary of the Ministry through the authorized officer or the C:ommissioner, withe case nlily be, ULC whuk amuunt ufthc PllfCh"-'c price within thirty days of the date Qf the Secretazy's lett<:r of notification. Minutes Payment Dares Salaam, 3,d May, 200 I G.CJ-ffiYO, Minister for Lqnds and Human Settlement Development 635