Land (Schemes of Regularisation) Regulations (L.N. No. 85 of 2001)

.. UlliLANDACT (No.4op 1991}) tm: LAND (SCHEMES OF ItEGU(.ATISATION) lUEG~110NS,ZOOl RegulatiON ntle 1. Citalion 2. Inte:rprttation :PART.I PRELIMINARY PJ\RTU REGULARlSATION AREA 3. Mimstermay declare a regularization area 4. Criteriato be Satisfied beforedtll;lllration of regularization area 5. Duly ofCommiuionerw fellpeci lifdcctilration ofn:~Brization area 6. Declaration ofreguJl!tizatiOli area.to bepublished inGuette 7. &tlIblisbment ofregularU:ationarea comminee 8. CompOllitlooof",guJll.IiUtiQ~ aR1<I e<mmti~ ,!J. Functions oflocalautbority with respect to regularization areaeomrnittce 10, FlUI!J!:ioils<>froguiarizatron 'IOc:a CQRIDIjltoe It. FunctiollS of Qfficers inrelation toregularizatilJn areacommittee PAllTIU SCIfEME OF IU:GULARfSATION 12. DecisioDtoprepare ~heme'<i( f(lg.ularisation '13. PTepamionOf~<)frB/Pllariziltion,~ 14. PMpnrution. of scheme ofregularisation 1S., Contents·ofschemeof reguJarisatiun 16. Role ofllfban authority in relation to scheme ofregulariaation 17. Role of Minjster in relatiOn tos~.. of;...g.,lati~ation 18. Jmpbne'ntationofschemeofregularisatiori 19; Compensation 616 lAnd (Schemes of Regulation) G,N,No. IU (contd.) PARTlY AI)J"{JDICA':fION 20. Restrictions on grant of rightofOccupancy inregularization area ~J. Retponnibility for adjudio(ltion in rQsulArl~tiQn "'rQQ. 22. Adviceonadjlldicatloll 23. Supervision of adjudication 24. Appml:!lmeJll and Iilntlioncfregularizlltion areaIldjlldication adviser 25. BslaWishmenl Dflalld adjudicMion pllnd ~6. Procedures atmeetings of land adjudication panel 27. Functions of landadjudicatioll panel 28, Adjudication procedures 29. Adjudication record 30. Certification Ofltolll'ldaries 31. Appeals 31. l'rtnciPles Clf adjudil;ation PARTV LOCALLAND REGISTER .:33, Elliabli&tmem of local IlUId register 34, Gazetted regularization area 35. The Occup~tio'1 register 677 THE LAND ACT, 1999 (No.4 of 1999) THE LAND (SCHEMES OF REGULARlSATION) REGULATIONS, 2001 (Made under Sections 59 and 179) PART I PRFUMINAR" 1. These regulations shall be cited as the Land (Schemes of regularization) Regulations, 2001. Z. In tllest: regulations, unless the context otherwise requires> "Act" means the Land Act, 1999; "adjudication adviser" means a regularisation area adjudication adviser appointedunderregulation 24; "Commissioner"means the Commissioner forLands; "Committee" means a regularisation area committee established under reaulanon 7: "local land register" means the local land register established under Regulation 33; "Minister"means the Ministerresponsiblefor lands; "OperationVijiji" has the meaningascribedto it by the village Land Act; "panet" means a land adjudication panel establishedby regulation 25; "peri-urbanarea" has the meaningascribed to it by the Act; "planner" has the meaningascribed to it by regulation 12; "register" means the local landregister; registered document" means a certificate01 grantedright of occupancyor a derivative right which has been registered in accordance with theseRegulations; "registration officer' means a registration officer appointed under regulation 33 and includes it principal registration officer: "regularization area" means an area declared by the Minister to be a regularization areaand gazettedas such; "re,~po-nsible officer"has themeaning ascribed to by S. 60 "scheme" means u scheme orregularization; "Tribunal"meansthe DistrictLandand Housingtribunal; "urban area" has themeaningascribedto it by the Act; "local authority"has the meaningascribed to it by the Local Government (Urban Authorities) Act, No.8 of 1982; 679 Land (Schemes ofRegulation) as. NQ. 85 (conld.) Mini,ter may Deolare a regularjza~ ti~,. aT>Ja Cril",.ia 10 b. sati8ftro hd'tl'rt: d.dannon of reguluimillfl aml Dutyof COrnt!l1-S&IUnC-r ill ,."",,~t of dc:...,16rat iQU(Iof regularization area De.-J=lion of "'al,l''ll-ri~ti-oTl orea10 be published fi,labJi,flment of TeallI!I-r iutlOD a.reacommittee PARTlI REGULALARISATION AREA 3. TheMinister may, subject to theprovisions ofsection58ofthe Land Act, or at the request o£the people in the area, channeled through a local authority representatives or otherwise, declare any urban or peri urban area tv It<> a regularisanon /ll"C1I. 4. Before declaring any area to be a regularization area, the Minister must be satisfied tllat; (a) there' is a reasonable measure of support from. those occupying and using land in the area for the making of such a declaration within the an;a, aw:I from any local authority representatives within the;melt; (b) the resources needed for the implementation IJf any programmes and projects likely to be introduced into the area as a consequence of the declaration area reasonably likely to be forthcoming; (C) any programmes and projects likely to be introduced into the areaas a consequence of medeclaration are feasible IIlld the benefits of such programmes and projects outweigh any costs and dis ..dvMtage.; (d) where he is considering making a declaration of his own motion, that circuruetanccs, conditions lind pproposcd f'uturv developments within the proposed area ale silch that, notwithstanding that there may not he local interest or support for il. declaration, it is in the national interest that such a declaration be made; (e) there are no extraneous circumstances within or affecting the areawhich would tend to inhibitor limit the effectiveness of the implementation of any programmes or pzojeets likely to be introduced into the area as " consequence of tho declaration. 5. The commissioner shall follow fair and reasonable procedures and processes which accord with principles of fair administrative practic". in obtaining the necessary information on allY matters referred to in regulation" above on Which he is required or intends to advise the Ministerundersection 58 (I) of the Act. . b. A declaration of a regularization area shall be publishedin the Uazette and In anyother localcirculating newspaper. 7. Where the Minister has declared an area to be a regularization area, the local authority having Jurisdiction over the said area shall cause to be established a committee of'personsfrom the area, to be lrnown as a regularization area committee. /'i80 Land (Schemes ofRegzs/miOh) as, No, 85 (contd} 8. [l ) A regularization area committeeshall be composedof: (a) the ward councilors for the area Of any part of the ward which they represent which falls within tile regularization area: (b) Chairmen of Mila(1, VilollgQiilViliages for the area or any part of the Melt which they repn;scnl which falls within the regulari;mtioJJ area; (c) not less than seven nor more than eleven persons from the regularization area who shall be elected by secret ballot by allthose qualified 10 vote under any lawin force governing voting in local allthority elections and shall serve on tile cornrnittoc for the same period of time for which a ward councilor is elected; (d) not more tban three persons who do not reside or work in th" area who may he co-optedon to the committee for up to three years at a lime by the members of the committee referred to il'lparagraphs (a). (bl and (c). (2) Where the committeeexercises its power to co-opt members to a regularizationcommittee, it shall ensure that those persons who arc co-opted are, hy vinue of their involvement. interest or professional competence.in matters of regularization, their knowledge of the area, or their general standing within the area, personswhose opmrons are likely 10 be respected within the area. 9. The local authority havingjurisdiction in the area within which a regularization area has he,," declaredshall be responsible for: (a) the conduct of the processofelection of the members referred to in paragraph(C) of'regulation 8 (I); (b) ensuring that the meetings of a regularization area commasee full"", due procc•• and "omply with standard local authodty procedures on committeemeetings;and (,,) th" eo-crdinetion of functions and responsibility fletween such lL committee and officers and other committees of the local authority Cemooslticn 0r regul-arization area cernrmttee FuRclio•• of loca! authorityWith respect10 <:ommiltee I £I. (1) It" function of a committeeshall be to act as a link between FunciiDJIS of the local communities within the regularization area and the planners and cDmmlttee officers charged with the responsibility of preparing and implementing a scheme of regularizationand to this end, a committee shall (a) be involved in (he preparation end implementation of a schemeof regularization; . (b) work with planners and officers in programmes I)f sensitisation within the area on matters connected with sustainable urbandeveloptnenr, (c) representto plannersand officersthe concerns and interestsof thOGO O'l<JUpyinS WlQ u"ing lund within the area; 681 Land (Schemes ofRegulation) a.N. Jo1o. 85 (rontd.) (d) llGQist in the settlement of disputes connected with regularisation and compensation for losses caused by rcgulerizetion; (e) undertake any other activities which are calculated to further the processof regularization. (2) A committee may appoint such eubecmmitteee IIIl it thinks fit to assist it to perform its functions and may co-opt such persons from the ilreaon 10 such subcommittees as will. in its opinion,contribute to the work ofthose subcommittees. FIlne!ions of offitm in "'IBliOl> to oommltlu Decision 10 Pleparca S(:h.~1IIC of JCgularizallQII 11. Any officer or planner involved in the preperation and implementation, of a scheme of regularization or otherwise exen:.ising runcnons connected with the development of a regularization area Shall; (a) at the request of a committee, attend any meeting oi"tbat committee; (b) supply the committee with such infonnation about services and resources available to the area in connection with the preparation and implementation of a scheme of regularization as may b.... necessary to enable the committee to carry out ita functions; (a) generally, co-operate and work with the members of tho committee to advance the economic and social development of the-people of the area, PART III SCHEME OF REGULARISATION 12. (I)The Minister shall, after consulting with the local authority having jurisdiction over the area within which a redevelopment atea ;$ located, direct the Commissioner 10 cause to be prepared a scheme of regularization foran areadeclared to he a regularization area. (2) A scheme of regularization may be prepared by any person Dr organization with the necessary skillsand knowledge in the public or private 51:1:\Or, including a non-govemrnentul urganization wQrkint> in tho Jiold of urban development, or an association of persons from the area-concerned and any such person or organization which prepares such a plan shall be referred to in these regulations as 'the planner", (:I) The 10e..1 .... thority wf..rrcd to in 15ul:1-wsulation (1) 1511ldl designate an officerwhoshall be responsible for overseeingthe preparation of a schemeof regularization. r"'PIlrlliIOIl 01 surveyof "'8ul.malion lIreD 13.- (I) (3) The plannershall prepare a surveyof the resources .and facilities of the area, and in particular, tht availability and use of land within the area for homes ane work-spaces: 682 Land (SchemesofRelrnlaJiorlJ G,N, No, 85 (colltd.J (b) the concerns and needs of the people of the area; [c) the potential fur any programmes and projects of urban devclupmenl "Vilhin llleMea; (d) such other matters as the planner, after consulation with the committee, consmers necessary and desirable to provide an accurate profile of the existing situation and potential of the area, (2) The survey shall be placed before one or more public meetings wilhin the Mea to enable the people offlle area 10 commenton IlIld susgcsi additions and alterations [0 the survey within sixty (60) days. (3) The sur-vey, together with" nl>ort of the public meetings referred to in subsection (2), shall be placed before and considered by the committee. 14. ({)The flanner shall prepare a draft of a scheme of regularization on the bMis <of the sur-vey referred to in regulation r:> .and associated reports as placed before the committee, together with any commentsmade on mat survey by the committee. (2) A draft scheme of regularizationshall be placed before one or more public meetings within the area \0 enable the people of the area to comment on and suggest additiolJs and amendmentsto that draft scheme. (3) The draft scheme of regllla~i,.alinn together with a report of the pUblic meetugs referred to in subsection (2) shall he placed before and consideredby the committee. (4) The committee may either endorse the draft scheme, with or without amendments, or refer the draft scheme back to the planner for furtherwork on the draft scheme. (5) Where the committee endorse the draft scheme, it shall become the endorsed scheme of regularization [or the area and shall be sent to tae local authority for its consideration. . (6) Where the committee refer the-draft scheme back to the planner, he shall revise the scheme in the lignt of the commentsef the committee lind rcsubmiethe scheme to the commillOe within reasonable time, (7) Subsections (3) and (5) shall apply to a scheme resubmitted under subsection (h) as they apply to a driUl scheme pl<\l.;cd before the local committee under subsection (5). 15. -(I)A scheme of rcgulariGation shall cotisis: ofpl'DpOr1als, set out in written form accompaniedby such maps of the area as may be necessary • (a) for the economic and social advancement of the area and the people of the area through development programmes and projects, involving the full participaticn of the people of the area; (b) an indication of the resourceslikely to be made aVll,ilable from public finances and other sources both within and outwith the OTQQ, to. f~iJ1to.te th~ .irnp!Qm:ent~1:~on .....r the ~t":h.J:"m~~ inIl":Jud:tt1,S' the resources likely \Q be needed to meet any claims for compensation; 683 Preparation <II' w.rmt or r~guhl:ri,l;U.dDn C <J( ..,htmeof 'f.f:BJ ,1'I'lIri'l'~iion Land(Schemes ofRegulation) C.N. No. 85 «ontJ) (c) Cd) (2) matters (a) (b) (c) (d) (I) (g) for any relocation of people from their homes and places of work or any likely compulsory acquisition of landor rransfer of land \0 communal 'uses as a consequence of any land readjustment or land pooling; 011 the.retanonship of Ute scheme to my exi&ting development plans or schemes applicable10 the regularization area. A scheme of regularization may include the following specific the u,,-,igmttiulJ of area uf lamJ proposed for the location of communal facilities and DP'en spaces; pcoposals to adopt specific practices on lIl'DlIO land managementdesigned to enhance sustainable land use; proposed schemes of land ,..,ildjustment and land poOling and their management, induding tenurial arrangements; the management of communal facilities and other cOIlUllunaUy used resources; proposed methods and fllQdalitiQS of Hl1ison anrl co-operaticn with authorities responsible for sewerage and water managementwithin the area; rile role of me commrtree tn monitoring me implemefltiltlOn of (he scheme and in co-ordinating with other committees and authonties within the area, the tuncuons of which may impingeupon the implementationofthe scheme; such matters as the planner considers necessary and desirable to include in thescheme. Role oftke IOCBI IlIiIJth.ori~i.n ",loti.", \0 scheme of. T'tgulafUtI.. tiOJ1 16. (1) An endorsed scheme of regularization shall be sent to the local authority for it~ consideration. (2) The locel authority shall consider any scheme of regularization sent to it find prepare a report wilh recommendations on the scheme for the Commissioner. (J) In considering a scheme of regularization. the local authority shallhaveregardto (~) the c,<t"nt to w!>;"h the o"he""e "l'p"MD to> r<>flo",t Ieccl concerns and needs and will involve the local community in its implementation; (b) the pracUclll and financial feasinnity orthe scheme (c) the relationshin of the scharne to any detrelot 1enl plan." ann proposed plans prepared under the 'fown and Country Planning Ordinance, applicable to the area of that local authority (d) such other matters as the Incal authority considers relevMI (4) The local authority shall, within three months of the receipt of \he cndot"Oed scheme of regularization, recommend to the Commissioner who:;tho:;r he 811<Ju!d ..dvisc !~ Mi"i8ter to 684 LmuJ (Schemes ofRegulation) G,N, ND. 8j (contd) (a) approve with or withoutamendments; (b) rctwn In the 'Mea concerned with direetlons as to what additiollal workis requiredto be doneon; or (C) reject. (5) Forthe avoidance ofdoubt. it is hereby statedthat any scheme prepared tor a regularization area under these regulatiONshall take precedence over any plan or schemeprepared for or applicable to thesame area made or approved undertheTownand Country PlaaningOrdinance; 17.(1} On receipt, from 'the Commissioner, together with any comments thereon whichthe Commissioner may wish tomake, oftbe report with recommendations on the scheme of regularization from the IocD1 authority, the Minister shall, not later than four months thereafter, make a determination in terms of one of the paragrnphs (a) to (e) of r.ub·tegll!.ation (4) of regulation 16and when the plan is to be resubmittedto the Minister. (2) WheN, ilia Minister opproveG the scheme of l'Ogtilarization, with or without amendments, he shall signify his approval in the Gazette and the schemeshall, lis fromthe date of his approval, become the approved scheme orreguienaauon tormeareafor WtLICl11t 1l/lS been prep~, (3) where the Minisler returns the scheme to the local Authority through the Commissioner for further workor rejects the plan, he shallgiVe reasons for his decisionin such detail as will enable the planner to erisure that y ..............,. l'urlh.... w<>rl< .,.. th .....h"",.. "'.. w",rk ...... Q<OW ....h"'u..... undertakenas soon asmaybe. . (4) Where a scheme has been returned fur further worlt, or luIa. been rejected and thereafter, further won: i~ done on that scheme (1he' revised scheme) or. in the Calle of a rejected scheme, a new scheme is prepared, the procedures set out in regulations 16, 17 and this regulatiol1 sllallapplyto anysuch revised schemeor newscheme. 18. (1) The r~nsible officer,wH, ill association and CODI'U1ta\ion with the committee, and keeping the wardand othercouncilorsrepresenting the area fully tntormed, be responsible for the implementatiOn oftheScheme within the area and shall, in pursuanceof this responsibility, work with, end giveall such advice andassistance 10,members of thecommunity withinthe area so as to enable them to benefit from and contribute to tho implomcntAticn of the scheme; (2)The committeeshall inform the community of the contents oftJ1(l approved scheme, the functions of the responsible officer in implementing fual scheme and the actions that members of the commUnity will be expected to take to facilitate the imp~erllentation ofthat scheme. (3) Where there is any dispute between the responsible. officer and one or more members of 1he community or between two or moIO members of the oommunity ..ver any matter cOnnected with the implementation of the scheme, the committee or any subcommittee thereof shall use its best endeav6urs to resolve the disputeand effecta reconciliation betweenthe parties. 685 Cap.378 RoleOftbo MiniS1crin relatio"to ~ or "'1JU1uizallOll lmplanonlati ... f1fKll..... of ropIllIlZaIlOD Land(Schemes ofRegula/jOlI) 4 19.- (1) Ally personoccupying or using landwithin a re,guJariZlltiOJl area who is adversely affected by lbe process of regularization shall be entitled to compensation. (2) A person shall be taken to be adversely .affected by the proocss ofregularization if: (a) he is required to relocate permarumtly from hiSexistinghome at wilrk-space to ano1h!lI" place in the regularization area in the interestsef'the bet1er pliUmipg and layoutof thercgul.ari7.ati<tn. area; (b) in anyprocess of landreadjustment, his plotor landu. wdw:od in size by l1li amount greater thim fifteen per cent, compensation being payable for the amount of land lost in excess of fi&.m pm: cetll; (e) lIS a resultof theprocess of'regularisation or a process oflq,d readjustment, the value of his land. lifter dedpcting whatewr amoum of lananot exceOOlDg fllteen per eemh. bam tlJk~ for C/lmmnnify flllJ110Ses. has beenreduced to below the value it hadonthedateof thedeclaration oEtheteguJari;Qltion area. (3J A person shall not be taken to be adverllely tdf~ by tht: p~~f "'l!>"'\<ci"Mi- if during th~ clll'T)'ing out of any public worlcs or Aily process oflandreadjustment or landpooling, he suffers a temporary loss. or diminution of the lise of hishome or work-space w.hich is reasonable iD lilt the circumstances of thecase. G.N. HrJ. 8J (CCIftfIJ ~ tillll \'ART IV ADJUPlCATION ~~ on 'Ot ris/tlof oto>Ip01Ioy in ..... ,ori....on 1.\}.(1} Ex¢ept-.....hetethe hmmdaries of. and interests in. land within t> rcgul<>ri=t;on area """, twc" 1"lli",e-re~ Wider any law applic$ble to the registrlltivn orland or, notwitnstsnding thatsuch boundsries andinterestsin land have notbeenregistered. are flllly accepted and agreedto by allpersons with an i.nterest ill. that landand. in ICSpect ofthe boundariesofthl\t lan<\., land bordering that hnd, no gr"ll! of a granted rig/lt of occupancy s1lIlIl be made to any person, group of persons or organization unless and until the ~ of and. intetem in that landIw{e Men adjudicated in a.coordanee with the provisions of thisPart. (2) A provIsional tight of "",,,,pm,"Y "'loy be gr....ted under thia Pllrt where and only where the boundaries of the land in respect of whl.eh \he granted right of OCCUpllllCy is to'be granted have not been fullyand finBlly determined ~ibl· IilYtb' odjudieotian inftOBIIIUi· ~ior<~ 21.-(1) The responsmnny for adjudiclition of interests in land within a regularization area is hereby vested in the local authority having j'urismetioll overtheareawithin whicha regularization areais located. 686 (j,N. No~ 33 (corlldJ (2) wil.ClC a scheme of regularizatioll p-rovido;:; fur '" process of acljudicatfun of inleRlSl8. in Jand to be lIPPlied to aU or a part of~ land WllJIin ~ regu1<utl:lrtion 1Ut::lt, the 10<>01 8\l.tharity ref~ to ill tuh. regulation (1) &ball as soon as may be resolve to commence. a PIOCCIlI of "judicaJiw whig. ahll1l be c<lDduo;:,tw in O-cc:.o-rdance with. the ptOvilliOla of tbisPart. 12.TheCommiasioner. after consulting withtheDirector respotlIibJe £or Surveys and Mapping may issue such advice and guidance on land adjudicatiM as he considers desirable and all authorities lind persons ......i.lns ""'Judie,,~ ~,,~ ""tI...t"~"" regnl..tinnR,; manhave read to fba( ad<r.Wc1Uld~. 13. (1) Whtre a complaint is made kl the COJIlItli.nionor by any ponoo with~ in land within the tesman:tiltion that fbI! adjudication is being applied Improperly or unfairly. theC~oner abaU in'!eertgAte the complaint and on bciilg satisfied of the 8CCIII8CY of the romplaint., theCommissioner Sh:ll1:, (a.). issue IlUCh directi.ves as he'OO'qsiderJnecllllsllJ}' to theJocal ~tl.mriIYto correct and improve theprocess ofadjudicatimJ;or (b) issuea directive to the localauthority to: (i) cease exeroifrini any powers under the process of adiudication; (ii) sefida11m;ords Illld otherinformation specified in 1bc directive to theCommissioner; (iii) cooperate fully withsuchofficm as theCommiuioner &hall authorize to re-examine andrevise theprocc!IS of adjudication. (3) Where a directive has been issued, the COl:Dl'Dinion~ shall ~n be empowered to (a) re-examine; (b) l;llll(;el; (c) revise (d] add 10 (e) makesuchotherdecisions as seemjust on; (e) revise au?,~D ~ by any pe1SOlJ or body in C01:IlJeCtWn with adjudication ofland Within theregularization area. 14. 9) ~~ an local ~llthority hM reoolved tC> (:ornmence 11 pro ofadj~~on wlthi~ a :e~lanzatiOJl area, ill/han appoint a person to bea regulanzaUon areaadJudicahon adviser. . ~2) A penon shall be qualified to be appointed 88 lUI adjwllcation lIdwser If thaipe180lJ is • (a) t PCl$)~ fro~ !h~ llfea known and respected furhiaknowledge ofand ,mpartialludgement llMut Isndmatters in thatarea.; 6117 Appom-t IIId ~ot ngullriatlo ~­ ~udicdtiG1l ltIViaer Land(Schemes ofRegulation) G.N. NQ. 85 (c"njd.) (e) (b) qualified in tl1c t.Iisdpline or profession of land economist, loi.1wycfJ planner ~ :m,rvt:y'CJl or vulucr; or a public servant appointed by the Commissioner at the request 0) the local authority. (0 ",,! 115 1111 Itlljuuic,,!iml adviser; (et) ::{11 nffiC'i~t} 'd'i~h r'es-F'~nsih!liti-ei;". r~t' land.. n1IQ;,{ter5 of the lu (;iil authority. (a) a magistrate appointed by the Judicial Service Commission aty the request of the local authority10 act as an adjudicatior; adviser. P) An adjtldlcllt\on adviser snl\U work with and IISsist tae panel to implement and managethe process of adjudication and without limiting the generalityof that fUllCtion, saall (2) draw to thcatlention of Ille panel ally error or omission in ;my alljildication register at any limebefore it is completed; (b) make a claim OJ otnerwise att on behalf'of any person who is absent Orunder IIdisability if he coneidcrs it IlCC<;/i5ary to avoid injustice; (0) conduct such tnqutries as he may be requested to conduct by the panel to further the process ofadjudication. 25. (1) Where an local alllhnrily h"" r"so1V<>d to <-oum\c.u,..", a proce~s ofadjudjcation within an adjurlic'!tJoJl area, it shall arrange for the establishment of ~ land adjudk,.t;OIl PiU,t:J, Ihe members orwhich shall be lIppointed by thecommittee. . (2) A. land adjudication panelshall consist oinot Jess than six nor more than rune persons, of whom not les:;than three persons !lhall be women, who shall serve for a ten" as provided in their terms of rcfl-'l'Cllcl:s. 0) A land adjudication panel shall he governed by the provisions ,,!the Local Gov~ttt~ent (Urnan Authorities) Act, No. Sof1982and Local ( JOvemmeJ1t (DJstric( Aur/torilfeS) Act No. 7 of 1982 applicable to comnunees of anylocslcOImc.il ~; 26. (1) A panei shall elect one of its members to be chairman who shall preside IIIall meetings at which he is present; and if at any meeting the ch"inmm j~ absent, rhe members presenlshlll! elect one of themselves to preside O\i~.r 11-"" meeting. Establi'hment .Qf"l~d adjudicatio" pal'lcol. Act Nos; 8 .f 1962 10f 19S2 ProcEdurcc: trIE'ering~ psnel (2) The quorum of II pane! shall be, where die number of tbe commirtee is six members, four, of which at least one member shall be II woman ana where the number of the panel is greater than six members, five of which at least two> members shal] be women. (3~ In the ev,'ul of an <:qua.lity of votes, thechairman OJ: other member presiding shall have II casting vote II~ well as an original vote. (4) Any decision of a panel shall be signed by the ch2iD11JllJ OJ' nth.P... n':Ip,..,,:hpl"" ft"1I¥'~;.d;J:l6 ::okn..J -tJ'10 U.JjUd:iORtjO~ c..d..'i..,.-;:..-. (5) The adjlulicalion adviser shall be the executive officer for the l)aMl and ahall keep the recordsorthe pallel. 688 Land(Schemes ofRegulation) G,N, No. IJj (contd.) 27. (I) The functions ofa panel shall be to: (a) ueremune tne oounuanes or ana interests in land which is thesubjectof a process of ,adjudication; (b) set aside or make reservations of land or demarcate rights of way and other eaaements which it considers n~""1I1)t fur the more beneficial occupation ofImd; (c) adjudicate upon and decide, using as a guide the principles of land law applicable in Mainland Tanzania, any question referred 10 it by any person with an interest in land which is the subject of the adjudication; (d) safeguard the interests of women, absent persons, minors and persons under a disability; (e) take accounr of lIDy interest in 1811d in respect of which for anyreason,no claim has beenmade. (2) The panel shall in the exercise of any of its powers under this section which involve a hearing comply with the rules of natura} justice and, subject to that duty, may (a) hear evidence which would not be admissible in a court of Jaw; (b) call evidence of its own motion; fro) use evidence contained in any official record or adduced in any other claim; and (d) generally, determine its own procedures. (3) A panel shall havejurisdiction over all claim iade during the course of a process of adjudication and for this purpose and in order to discharge the functions referred to in sllb-regulatioll 0), the chairman of such II panel .hall be competent to adminiatcr oath, and to issue summonses, notices and order requiring the attendance ofsuch persons and the production of such documents, as he may consider necessary for the carrying out of the process ofadjudication. 28. (I) The chairman of a panel shall be responsible for ensuring that the procedures set out in these regulations are complied with. (2) Where <I local aurnority has resolved to commence a process adjudication within a regularization area. a notice "hall be published and posted in a prominent place a( the offices ofthat local authority and on the land which is to be adjudicated not less than two weeks before the process of adjudication is 10 commence» (a) specifying the approximate area of land to be adjudicated (the adjUdication area); (b) requiring all persons who claim any interest in the land to attend a meeting of the panel at a specified time and pUI forward their claims; 689 FunctfDns of lard EIIdj!.lrl;,..:lIt;nt1Io panel. Adjudicalion proldum Land(Schemes ofRegulation) as. No.8'(~ (c) requiring any person who claims to occupy land witllin 1he adjudication area to mark or indicate the boundariesof the land in such manner and before such date as may be specifiedby thenotice. (3) On the specifieddate, the panel shall hear and determine aU claimsmade underparagraphs (b) and(c) of SUb-regulation (2). (4) the pane) Shall walk around tho land the wbjecL ofadjudilllltim tracing, ascertaining, verifying, determining andmarking the boundaries of the land. . (5) The panel may adjourn any hearing into any claim and request the lldjudieRtion tldvi~er to "ondMt furth.... inVetltiSatiOftll into that cllWft. (6) In hearing and determining any claim, the panel shall use1. best endeavours to mediate between and reconcile parties hBW.g conflicting; claims to the land. . (7) The panel shall cause to be prepared an adjudication record of. the claims to the adjudicated land which it has determined under s-utJ,< regulation(3) and shall publish that record in a prominentplace witbinthe area, (8) The adjudication record shall, unless an appeal is made to,. Tribunal, become a effective adjudication record thirty days after it haS beenpUblished. (9) A adjudication record shall, where an appeal has been made undersub-regulation (7), become effectiveadjudication record' thirty'da)'ll aft<:rsuch appelli. Adjudication ........,; 29. (1) An adjudication record shall be prepared in respect o(eacJl; plot of landfor whichone or more claimshave beenmade and shall cODSlsY ofr (a) (b) (e) (d) (e) (f) (g) the name of a claimant or where there is more than one claimant to the> land, the namesof all the> clllim~t3; the natureandcontentof the interestsin land claimed; theamountofland claimed; the length of time the claimant or claimants havtb~qi1'; the land or claim an interest in the land; . ' .. the tocanon and boundaries ortne piot otIand; the route and boundaries of any rights of way or wayteaves' or other public rights claimed to exist in, on, or under l1i~ land: the determination of the panel on the claim or claims together with a brief statement of reasons for the: determination. 690 Land (Schemes ofRegulation) G,N,No. BJ (OOllttl,) (2) The 2Aljlldicalion record shall he accompanied by a sketch map of location and area of the l<lnd but il shall 1I0i be necessary to draw the sketch map to scale. (3) the adjudication record shall be ill the form set out in the Schedule to these reg..lations. (4) When a adjudication record has been completed, it shall be signed by the chainnan or Ilie paul'! and adjudication adviser. 30. The chairman of the panel, the claimant occupant and at least two adult residentsof the regularizationarea present al the time ofthe inspection of the land "hall certify the correctness <Jf the boundaries of the IKljudicated plot of land by signing Land form No.... set out ill the Land (forms) Regulations, G.N ,....... 31.- (HAny person who is ag~rieved by a detenninaticn of a panel may, within thirty days of the publicationofthe adjudication record, appeal to .. Tribunal agsinst that determination, (2) The Tribunal shall, in hearing any appeal (a) have all the powers and comply with all the procedures applicable to a penal;and (11) reach such decision 80 "ppe~ro to it to bl' just in 1111 the circumstances, and, without limiting the generality of that power, may: (i) amend the adjudication record; [ii) correct any error in the adjudica.ti.Qtl record; (iii) direct that the adjudicationadviser conduct further investigations into the subject matter of the appeal. (3) Where the.Tribunal propose to make: it decision which may adversely affeet the intCIes\s of any pcn;Qn in the alljudicationarea who has not appealed, the Tribunal shall give that person an opportunity to be heard before it shall mske lUl)' ouch decision, 32.-(1) In preparingthe adjudication record, 1apanel. ifit is satisfied that (a) Il person, a family 0,- a group of' pcrsuns are and have been or their j"Irene,.,eooor or prede,.e••ors in title were in peace"bl.., open and uninterrupted occupation of land within the regularization area for not less than twelve years, shall determine that person, family or group 0( persons to be entitled to a right of occupancy; (0) a person is ill occupation of village land in an urban or a peri uroan area gazetted as a regularization area which was allocated to him or his predecessor In tine during Opention Vijiji, shall determine that person to be entitled to a customaryright of occupancy; 691 em; licOIion or bouRdaril':!iI. Principles or Ildjudicalion Land(Schemes 0/Regulation) G.N. No. 85 (rontd.) (c) a person or group of persons are in peaceable, open and uninterrupted occupation of land or are similarly using the land fur not less than twelve years under an arrangement or as a result of a transaction whether under 'customary law or received law, and whether that occupation can be evidenced by a document in writing or not which does not fall within any of the above categories of land occupancy, shall determine the nature, incidents and extent of such an occupancy and declare Ihat person or group of persons 10occupy that land under the type of occupancy so determined, whether it be a customary right of occupancy. a granted right of occupancy or a derivative right; (d) a person or gronp of persons are in occupation of or are using land without any right or interest so to be, shall determinesuch persons to be unauthorized occupiers, permitted to remain on the land temporarily as licensees; (e) a person or group of persons are entitled to an interest in land within the regOllill;:r.ation area, whether under customary law or otherwise, not amounting to occupation under customary law or received 11Iw or under a derivative right, shall determine the nature, incidents and extent of such an interest to enableit to be recorded in the name of the person or group or persons entitled to benefit from it; (f) land is entirely free of ally occupation or use Or any right of occupation or use by any person or group of persons, shall determine that land to be land available for communal or public use; (2) In making any determinations under subsection (1), a panel shall have regard to the provisions of the Constitution and shall treat the rights of women to occupy or use or have interests in land no less favourably than the rights of men so to occupy or use or have interests in land. (3) In determining whether occupation of land has been peaceable, open and uninterrupted • (a) no account shall be taken of any order. declaration or scheme issued or made under the Town and Country rianrung oromance, wmcn purports to alter, amend or aoo to the incidents of any deemed right of occupancy or other right to occupy land of any person so as to render any aspect of that occupauon unlawful; 692 Land (Schemes ofRegulation) G.N, No. 8j (Cdntd..) (b) a person occupying land in an urban or peri-urban area at the will or sufferance of or as a trespasser relative lo ll. PP.YSOTl Of organization having a title to that land, but whose occupation is recognized and accepted as being in accord with the customs of the community of which he is a part, shall be deemed to be in peaceable open and uninterrupted occupation ofthat land; (c) it shall not be necessary that such occupation be continuous provided tbat when laud is not occupied by a person or group of persons claiming peaceable, open and uninterrupted occupation of that land, it is not oocupied by any other person or group of persons claiming peaceable open and uninterrupted occupation: (d) a person shall not cease to be in uninterrupted occupation nor shall his occupation cease to be peaceable if during the period of twelve years, he has at any time been forcibly and illegally evicted from the land and has attempted to re-enter tile landby all lawful means including the use of reasonable (4) A panel may record that two or more persons or groups of persons are co-occupiers and users of land, whether those persons or groups of persons have claimed to be co-occupiers or are disputing occupation 01 me or that land and where such a. detclll\ination is made, the committee or adjudication officer as the case may be, shall determine and record 1,\1..: nature, incidents and extent of that co-occupation and whether IhO!:i" ['0'6011' and group' of perwn. Me join! oecl1pien: Dr occupiers in com~on as provided for in Part XIV of the Land Act, 1999 or are co-occupiers, whose rights between themselves are govemed by customary law. 693 Land (Schemes ofReguIatiQn) G.N. No. 85 (contd.) (5) References to 'land' in this regulation are to land the boundaries of which have been agreed to by the parties claimin~ an interest in that land and contiguous land or have, in the absence of such agreement,been determinedbya panel. (6) Ref",rcnces to a period of twelve years shall be taken to mean a period of twelve years counting backwards from the date on which the regularizationarea in whichthe land the subjectofadjudicationis located WlIB declaredby the Minister to be a regularization area. Establish ment of local land register Gazzetted registration area PARTV LOCAL LAND REGISTER 33.- (l) A local authority within whose area of jurisdiction a regularizationarea has been declaredshall$tab\illb a local land register. (2) A local land register shall record details of land matters as set out in this Part in all regularizationareas within the area ofjurisdiction of the local authority. (3) A local ,."thoritil ~h"'\ ar>poillt one nr mnte of its nfficers l.O be registration officers" f the register and where more than one officeris so appointed, the local authority shall designate one registrationofficer to be the principal registrarion officer who shall be the manager of the register. 34. (I) A map and written description of the boundaries of a gazetted registrationareashall be kept in a separate folder in the Register. (2) The only entries that may be made in the folder referred to in sub-regulation(l) are (a) atteranons requtren {Q he made by rot; COIIIIJli~iuma tv recordchanges in the boundariesof the area; (b) cntries to record parcels of land that have been excised fromor added to area; (c) entries to record parcels or land within the area. designated in a rcgulanzauon scheme to be lana SCI asiae fur communal or public use. 694 Village Land a,N, No. 86 rcontt!.) Oceupation R(;.gJtlti;<,r 111e t«.md ci' granted rlghm of ()(.C\\pancy - Sub Part I of the Occupation Register; the record of all derivative rights - Sub Part 2 of the O\.'="'U~li'\,'LI R!;gi::au;l., the recordof all dispositions and transactions involving f,\~ righ~ uSoccupancy and derivative rights - Sub Part3 of the Occupation Register; llw records of all persons deemed tn own li"",nce l';uh Part4 oftheOCl:upation Registef. (d) (b) (c) 35. The Occupation Register shall be the register which «mtains. (a} DIJ.f es Salaam, Srdl\fay, 2001 G.CHEYO, Ministerfor Lands and HumanSettlementDevelopment .P4 (