Land Tenure Act of 1992 (No. 12 of 1992)

THE LA.ND fENCJRE ACT OP 1992. ARR.ANGEhmNT OF SECTIONS:. SECTIONS .... PART I F.!EL~IN.ARY l. Short title and Commencement. 2. Interpretation. 3. Public Land. PA.RT II· PUBLIC LA1iD 4. o,onfiscated Land. 5. Easements. 6. Boundaries of Public Lands. PAR? III RIGHT OF OOCUPAN(;'f TO LAND 7. Right of Occupancy. 8. Conditions of Right of Occupancy. 9. Execution of Right of Ocoupancy. 10. Effect of Registration. 11. Registration of Provisional Rights. of Occupancy. 12.. Charges. 13. Default of a Charge. 14. Charges involving Joint or Communal. Interests. 15. Size of a Right of Occupancy. 16. ·Join:t. Holdings 'of inherited. land. 17. Effect of creation of Jointly Held Interest. 18. Sale of a Right of Occupancy. PART IV RIGHT TO OWNER~HIP OF TREES I 19. Ownershi~ of Trees. 20. Inb.eri ta.nee of 'J!rees • 21. SaJ.e of Treea. 22. Urban Trees. 2 SECTIONS: TITLE PAR'? V GRANTS .. OF PUBLIC LANDS. 23. Grants of Larid. 24 • Right of a Grant of 1and. 25. Pees Applicab1e. 26. Status of Grant to land. 27. Inheritance or sale of granted land. 28. Ef'fec·t of Adjudication on the prior holdings of an individual. 29. Refusal or failure to exercise option. 30. Allocat~on procedure.for a grant. 31. Retention of possession. 32. Real.location. 33. Provisional grant of a llight of Oooupanoy. 34. Appeal from the Allocation Procedura. 35. Rights, of Joint Holders. 36. Sale of Granted Land. 37. Disagreements among joint holder~ 38. Appea.l.s of partition Deoieiona. 39. Urban grants. 40. Inheritance of urban 1.a.nd. 41. Sale of granted urban land. 42. Agr.icu1tural grants. 43. Size o~ grant. 44. ~ale . of ·granted agricultural. land-. 45. Inheritance of agriou1tu.ral land.. iAR~ VI LEASES 46 • Leas ea t o Pu.blio ~ under Govermnent control. 47. Duration and status of leases of public land under Gover.nm.ant control. 48. Violation of the restrictions in a Lease. 49. Appeal of decision for tennination. 50.. Leases of Right o:t Occupancy. 51. Duration and status of lease of right of occupancy. 3/ ••• 3 SEOTIONS !ITLE 52. Violation of the Restrictions in a Lease of Right 9f Ocoupanoy. 53. Size of Lease to e.gricultura1 right of ocoupauoy. 54. Effedt of Lease of Right of Occupancy. PAR'l! VII fERMINATION OF RIGHTS OF OCCUPANOY 55. Termination of right of oooupancy. 56. Right to terminate national interest. 57. Zanzibari requirement. 58. Forfeiture. 59. Abandoned 1and. 60. Idle J.and. 61. Termination of a jointl.y held Right of OccupanoJ. 62. ·Challenge to an Order of Termination. 63. Compensation upon termination. 64. Relinquishment of possession. 65. Disagreement over value of property. P@.'f VIII MISCE~US PROVISIONS 66. Effective date of grants. 67. Regulations. 68. Saving the right of Government. 69. Repeals. Short ti"tle and Commencement. ACT N0.12 OP 1992. I ASSENT SALMIN AMOUR PRESIDENT OP ZANZIBAR AND CHAIRMAN OF THE REVOLUTIONARY COUNCIL. 1993. AN ACT TO PROVIDE FOR LAND OWNERSHIP, USE I • ·AND.RIGHTS ATTACHED TO LAND AND !4.1\!I!TERS CONNECTED OR INCIDE!f.l!AL THERETO. ENACTED by the House of Representatives of Zanzibar. PART I PRELIMINARY i. This Act may be cited as the Land ~enure Act of 1992, and sha.11 come into operation immediately upon being assented to by the President. Interpretation.2.. In this Act, unless the context otherwise requires: "abandoned lands" means land which is not in the possession by tha person who has the· possessory interest for a prescribed statutory period of time; "adjudication" means the process of regu1arising land interests as set out under the Land Adjudication Act of 1989; "allocation" means the process the. Government uses= to provide an interest in land to an individual or a group of persons; "charge" means a mortgage or an interest in land securing payment of money or money·~ worth or the fulfillment of any condition, and includes, a subcharge and the instrument creating a charge; "chargee" means the proprietor of a charge as defined by the Registered Land Act; "chargor" means the proprietor of a charged land or of a charged le&se or charge as defined by the Registered Land Act; "Commission" means the Commission for Lands and Environment; "comm,.rn.al interest" means an interest in :i..and which is held in concert. by more than one unrelated person; "consolidation" means the reallocation of land in order to conform the size of the parcels to the provisions of this Act; "court" shall mean the Lands Tribunal unless expressly provided otherwise; "economic -trees" means those trees in urban areas that are-not used for beautification or other ornamental purposes and have an econom ic value because of the fruit they bear or because of •their value as timber or for preservat.ion of- envirorm,ent; "easement" means easement as defined in the Registered Land Act of 1989; "grant" means the provision of a parcel ( s) of land from the Government to an individual or a group of individuals because of- their elig.l..bility to receive public land or. ~c~se o;f. a land- ad.iudication; "holder" means the person who has the right to the interest of a right of occupancy; ·· idle lands" means land that is not used in accor-dance with prior existing plans, in conformity with land capability analyses or in accordance with practices of good husban dry dµring a defined st1atutory 'period; "improvement" means unexhausted improvement; "instrument" shall assume the meaning ascribed to it by the Registered Land Act; "interest" means the right of an individual or group of individuals to the right of occupancy of a defined parcel of land; "interest holder" means the person or the body of persons named in the register as the rightful holder in relation to a parcel of land or a lease to a parcel of land or a person or persons named in the register in whose favor a charge was made; "joint interest" means an interest in land that is held together with other persons under the requirments of this Act; "land'' includes land covered by water, all things growing on land, and buildings and other things permanently affixed to land, except trees when specifically classified and owned separately; "land adjudication" means adjudication as defined above; "Land Adjudication Act" means the Land Adjudication Act, 198~; "lease," means a grant, with or without consideration, by the government or interest holder of land, of the right to exclusive possession of the land. in question, and· includes the right so granted and the instru ment granting it, but it does not include an agreement to lease the land in accordance with the definition so ascribed to lease by the Registered Land Act; "lessee" means the holder of a lease; "lessor" means the interest holder of the leased land, and includes, in respect of a 3 sub-lease, the proprietor of a lease; "Minister" means the Minister for the time being responsible for land affairs; "natural land" means any land taken in its natural state without man made improvements; "ornamental trees" means those trees found in the urban area that are used for beautifi cation or otherwise enhance the appearance of their sites and the conservation of environ ment; "parcel" means an area of land separately delineated on a dema'rcation or Registry map and thereby given a number as specificed in the Land Adjudication and Land Registration Acts; "persr:.11" includes a group of persons, a cor porate body and any institut;i.on, authority or cotnmission empowered/ by law to hold land; "President" means the President of Zanzibar; "public land" means al 1 land in Zanzibar:J which can be held by either the Government or private persons; "Registered Land Act" means the Registered Land Act, 1989; ' 'resi9ence" - means the building in which a person resides; "right of occupancy" means the exclusive right to the use and occupation of land in accordance with the provisions of this Act; "rural lands" means any lands lying outside the areas classified as urban lands; "trees" includes palms, bamboos, shrubs, b~shes, stumps, seedlings, saplings and reshoots of all ages; ''unex).}austed improvement" means anything perman,:n¢tly attached to the land resulting from the expenditure of capital or labour by 4 Act No. 1 of 1985. Act No. 5 of 1989. Public Land. a holder of a right of occupancy or a lessee, or any person authorized to act on their behalf which increases the productive capaci ty, utility or amenity of the land; "urban lands" means all lands lying within the boundaries of an area classified by law as a municipality or a town where residen tial, business and industrial activities take place in accordance with the provisions of the Town & Country Planning Act; "Wakf" means any Wi:!-kf established by the Commission for the Administration.of Wa.kf and Trust Property Decree, 1980; "Zanzibari" means a) any person who ·1s a citizen of Tanzania in accordance with the laws relating to citizenship and that he was born or has been residing in Zanzibar before and up to the 12th of January 1964;' b) any person who, as from the 26th day of April, 1964 is a citizen of Tanzania and was born ' in Zanzibar with both of his parents being Zanzibaris or either his father o~ motryer bei ng· Zanzibari in accordance- with. the Zanz1bari.Act, 1985; c) any person w.ho is a citizen of Tanzania and was borh or has"been resid~ ing -in Zanzibar before the 26th day of April, 1964; and d) any person who is a citizen of Tanzania with both of his parents being Zanzibaris or either his father or mother being Zanzibari in accordance with parag~aph (a), (b) or (c) above. PART II. PUBLIC LAND. 3. (1) All natural land within the islands of Gonfiscated Land. Easements. Zanzibar, occupied or unoccupied, is hereby declared to be public land and shall be deemed to have been so declared from 8 March 1964. (2) Public land is declared to be vested in, and at the disposition of-the President, to be held by him, for the use and common benefit, direct or indirect, of the people of Zanzibar. (3) Subject to the-provision of !ubject 2 and to any directions of the President, public land shal 1 be administered in accord ance. with this Act by the Minister, who may make cU.sposi tions of public land and perform ~powers and duties contained in this Act on behalf of the President. (4) The Minister may, subject to the provisions of this Act, both distribute public lands which ar nder the control- of i:fie overnment by grants of o occu pancy, as well as term:!natu t rights .of occupancy when appropriate as ed by this Act. ( 5) The Minister may, subject to the provisions of this Act, lease public land which is under the control of the Government. 4. All land taken by the Government after tht; Revolution oM~64, no matter what procedures were used, shall be ·declared as confiscated land and any irregularities shall ~e resolved through a land adjudication procedure as set out under the Land Adjudication Act. 5. (1) Riparian occupiers along non-navi gable waterways shalL except as otherwise provided by Law or Order of the President, that shall appear in the Gazette, be required to accord a right of passage over a strip ten (10) meters in width on each bank. (2) Easements in respect of right of way, installation, support and clearance necessary for the establishment, maintenance and opera tion of telegraph and telephone lines, elec 6 Boundai:-ies of Public La11ds ~ tric transmission· lines and· water inains, classified. ih the public·. interest may be imposed on'any parcel of land and building by Order from the appropriate Minister where such action shall be necessary. (3) Easements may also be imposed as limits to the height of buildings, .for obli gations to clear trees, and in like manner in ar-eas of protection of airports and mil.i tary installations or for the safety of air navt gation. ( 4) As compensation for the above ease~ ments, indemnities shall be paid .to the persons e>r. communities concerned. The. oompen sat ion sha.11· be equal to the f&.ir market value of the land and any impr9vemen~s there on. 6. Cases of doubt or di$put,e concerning the boundaries of any public lands or the extent of the easements established under the above provisions or provisions of the Registered Land Act or any : other applicable law, shall be decided by the recourse to the procedures ~vailabl~ under the Lanf Adjudication Act. and :i.f the dispute is not resc•lved by the I.,ands Trib~. PART III. RIGHT -OF OCCUPANCY TO LAND. Right of Occupancy 7 .-The- right pf occuparrcy for a Zanzibari may arise iri any of the following ways: a) A grant from the Minister; b) recognition of a rightful interest following an adjudication carried out under the L~nd Adjudication Act and subsequent registration under the Regis· ter-ed Land Act; c) inheritance of a lawful registered interest; 7 d) purchase o.f a lawful regi'stered interest; or <::l) gift of a registered interest'from a bona fide holder o/f 0 a right of occupan cy. Conditions of Right 8;(1) The right of occupancy shall exist cf Occupancy. under the following circumstances: a) that the holder of the interest be a Zanzibari over the age of eighteen, \fil less s r>ecia l provisions have been .!Ilade; · b) that the holder, of a right of occu~ pancy shall have an exclusive right to occupy and use the , land which comprises his right; c) that the holder of the right of. occupancy shall hav,e. the right to make dispositions of the land or other inter ests therein to any other Zanzibari; d) that the interest be held in perpe tuity without specific term and be inheritable w1der the appropriate provi sions of the Zanzibar law of Succession; (2) Provided that a) that no interest . is valid until ,re,gistered under the Registere·ct Land Act; b) all transactions affecting a right of occupancy shall be recorded · in the land ~egister within sixty days from the da€e of ~uch transaction; c) that no interest maY- be subdivj,ded without the express authorization of the appropriate land administration offi cials; d) no interest may be held by any individual which has an area of less than three fifths of a hectare provided {ecution of Right ; Occupanc:1. . that parcels which are less than three fifth of a· hectare in area before they are granted and registered for the first time .can be maintained at that size, but once the land is registered and entered on the cadastral index map no parcel may be subdivided so that the area is le,ss than three fifths of a hectare; e) the holder of the interest, or a person propel'1Y: a'Elsigr-ated by him, must be in possession* of demarcated .land as comprising the lriterest in question; f) the holder of the interest o~ persons acting on his behalf us• th~ land designated in the right of occupan cy in conformity with the ~onditions specified in the instrument of grant; or if the land be u?"l5""an, .· and classi£Ied as residential, commercial or industrial it shall be kept in good condition and any buildings thereon in good repair and, in the case of agricultural land, it shall be farmed in accordance with the prac tices and r..l!. les ~ $QOd hu§b2nd,~ if there is no speclal use assigned tQ the land in-question; g} the interest shall not include the right to water, mineral or foreshore. h) upon the issuance df an Order of Termination for any right of occupancy, the Registrar shall cancel the registra tion of the right of occupancy and the land shall be available for distribu tion. (3) Where any of the above conditions are not met, the holder of the right of occupancy shall be subject to the forfeiture procedures c9ntained in Part· VII of this Act. 9. (1) ~n instrument executing a right of occupancy shall be deemed to have been prop erly executed if signed by the Minister, and no further proof of execution is necessary for purposes of registration under the Regis 9 fffect of Regis tr,9.tion. Registration of I-·rovis.iona1 ·Rights of Occupancy tered Land Act or the . Registration of Docu ments Decree. (2} The Minister may, in his discretion, authorise in writing the Director of Lands to execute cert~in instr~m~nts or categories of iri•truments on his behalf, arld no further proof of execution shall be necessary. 10. (1) Upon registrationof a right of occ upancy under the provisions of ·.the· Regis tered Land Act, that• ·interest· sh5&ll 1·e9eive. ~he ,.iUarantee of the Gove rnment as to its regularity' arid propriety in all of its as pects. (2) Where the right· of occupancy or any subsidiary right or interest is not regis tered unde2' the provisions of this Act and the Registered Land Act, · registration shall take effect in accordance with the Regist~ · tion of Documents P~~e. · · 11. (1) Provisional rights of occupancy, pro vided fpr under Section 33 of this Act, shall be registered as any other interest, but shall also be noted in a special Register maintained by the Director of Landa. · ( 2) µpov the expi:r•y of the fixed term stated in each provisional right of occupan cy, the Director of Lands shall cancel the notation in the • Special Register · and record whether· it•· has been replaced. by a permanent right to occupancy or has·· been c ancelled for failure to comply with .·the · conditions set out as part of the right of occupancy. cy so of (3) Where a provisional right of occupan is chang~d to a P-ermanent one, it shall be recorded in accordance with the provisions this Act and the ~egiatered Land Act. 12. (1) The lending institution specified in the Schedule appended to this Act shall have charges over land as provided for under the provisions of the Registered Land Act. (2) The Minister shall review and amend, .to Default of a Charge. Charges inv'olving Joint or Communal Interests. where necessary, the Schedule setting out the lending institutions authorized to issue charges every three years. 13. (1) Any default by a chargee of a charge will allow the lending institution to assume possession of the right of occupancy or .othe!'" collateral used to secure.a charge or a loan and utilize its product.i,vity until the full value of the charge is repaid. ( 2) Upon repayment of the value of the charge,, possession. to the right of occupancy ·6r· otper' collateral- sh1'.11 be redeemd to the 01' iginal interest holder. ( 3) Where the borrower is not willipg to repossess the right of occupancy upon repay ment .of .the loan, the sale of the ri:ght. of o<:icupancy on the open market may be penmisai b.le. Provided that under no circumstances the ~ight of occupancy shall be passed to the lending institution. ( 4) The interest holder of the righ~ of ~ccupancy may .offer his interest for sal, on '.the open market upon default pr<.ior to the assumption of possession by . the lending inati tut ion and -the amount of the loan' shall· then be paid forthwith in a single payment. 14. Charges in~olving interes:ts tha,t are jointly or communally held shall be, }gmdled in the same manner aa those that are ,in:cHvid uaHy held with the added requirement,, -that ·decisions may require consent of the Joint interest holders. ~ze of a Right of 15. shall be no limit to Jccupancy. ht of occu (2) In conformity with section 8 (2)(d) of this Act an individual parcel of agricul tural land, no matter how acquired, shall not be less than three fifths (3/5) of a hectare; (3) The size of urban residential, com ll Joint Holdings of inherited Land. ict of Creation Jointly Held Interest. Sale of a Right of Occupancy. mercial arid industrial parcels shall conform to the provisions of the law and practice in force. 16. Any interest to a right of occupancy which is inherited shall be jointly held if following the application of the appropri ate law of succession, the interest in ques tion would be subdivioed into J?.arcel of sizes which, ar•e less than -·the/ applicable minimum as prescribed under this Act. 17. Where a jointly held right of occupancy is created, the provisions of the Registered Land Act creating a statutory trust shall apply when there are ten or more joint interest holders. 18. (1) Unless otherwise provided for under this Act, there shall be no restriction on the sale of a right of occupancy. (2) Where the right of occupancy is jointly or communally held, the provisions of this Act or any other Act, calling for the approval of the other joint or communal holders· prior to any activity regarding the interest shall be applicable. PART IV. RIGHT TO OWNERSHIP OF TREES. Ownership of Trees. 19. (1) Trees can be owned and held separately from a right of occupancy in land. · (2) The ownership interest in the trees shall be registered in the name of the owner of the int~rest and included ~s part of the registration of the land on which the tr.ees are located··. (3) If a separate tree ownership inter est is not registered an irrebutable presump tion shall exist that the trees are included in the right of occupancy. Inheritance of Trees. Sale of Trees. Urban Trees. ,rants of Land (4) Unless otherwise specifi~d. the trees shall be included in any lease which i.s contained in the register. 20. Trees shall be inherited according to the applicable law of succession as any other piece of a immoveable property. 21. ( 1) There shal 1 be no restriction on the sale of trees provided that a per~on whose trees are located on land on which the right of occupancy is held by. a third;.party rp.ust first offer the right to purchase , the a,aid trees to the· holder of · the ri~ht of 6c6upancy. ( 2') Where the right of occupancy i,s ~e;l.<ii Jointly, the joint interest holders sh.all cieterlllineamong themselves which, ii anY, shall purchase the ownership rights to the trees. (3) Upon failure to agree as ti:> who among the joint interest holders ah.,al;);, pµr~ chase the.trees, the·ownership interest· shall ~ecome 'part of the join't ownersh:l.p . intiet-est o.f all joint interest holders. and the. co.st shall be borne · by each in pr.oportlon 'to his j,nterest iri the right of· occupancy ·· · · (4) Where the joint inierest holds.rs, or any indlvidual · among them, does not wish to purchase the ownership interest,in.the\tr-eea~ they shal 1 be sold on the open market .. · 22. Unless included as a registered right of occupancy, the right to trees in the urban areas shall belong to the Municipality in question if the trees are or-namental and to the Ministry of Agriculture, or its successor ministry, if the trees are economic. PART V. GRANTS OF PUBLIC LANDS. 23. T!,e Minister shall create a right of occ-· Right to a Grant. of land. Fees Applicable. Status of Grant to land. a) an instrument.of g:rant; or b) recognition of the final adjudica tion record, made under the Land Adjudi cation Act, and subsequent registration, under the Registered Land Act. 24. (1) The right .of be granted to Zanzibaria age of eighteen. occupancy shall only who are ·above the (2) A grantee shall not be required to pay for the value of the land that ia includ ed in a grant. Provided however, that the grantee shall be responsible for any inciden tal costs or other fees prescribed by this Act or Regulations issued thereunder. · (3) A person shall during his lifetime be eligible to receive only one grant of agricultural land and two grants of urban land, ln accordance with the provisions ·of this Act. ( 4} Any person who has not received a grant, in accordance with th·e provision of subsction (3) is eligible to receive a. grant of land w·i thout regard. ·to ~ny othe~ urban or agricultural land that he may hold. ( 5) Any :,Person. may., apply for a grant, and shall . eo receive ·the-:-grant to .either urban or agricultural .,.land, .. ,as may be :avail.;: able, in accordance with the discretion of the Minister. 25. The Minister shall prescribe fees payable for the grant of a right of occupancy or for any other matters done under thi~ Act. 26. Land that has been allocated through means of a grant shall have the aame at tributes as any land to which a r1sht of occupancy applies once the final Order'."of Grant has been issued in accordance with Inheritance or Sale of Granted land. Effect of Adjudica tion on the Prior Holdings of an Individual. ~efusal or Failure ;o Exercise Option. Section 33 of. this Act. 27. Land which has been granted may be inher ited or sold in accordance with the applic able· provisions of this and other relevant Acts which set forth the manner in which individual, joint or communally held inter ests in land shall be dealt with. 28. If·fol1owing the determination of an ad judication, an individual is determined to be in rightful possession of more than: a) eight hectares of granted agricul'.'"' tural land, he shall receive a grant for a maximum of eight hectares and receive the entitlement to lease the balance of the lands from the Government at a fair rental value which he is determin.ed t.o rightfully hold; b) two parcels of urban land, he shall receive a grant for two parcels in accordance with the provisions of this Act and any additional parcels will be sold on the open market unless due to hardship or other acceptable reason the Minister, in his discretion, makes an exception. 29·; ( l) If a:n individual refuses or fails to exerciae the option to lease the land con stituting the excess over the eight hectare grant which h·e has received withiri -sixty days of receiving the notice that the ·option exists, the land shall revert to the Govern ment and· be available for allocation in accordance with the normal procedures. (2) Upon failure to exercise the ~ption for a lease, the G.overnment shali- provide compensation for any unexhausted improvements on the land. llocation Pro- 30. Land shall be allocated in accordance ~dure for a Grant. with procedures set out in the Regulations. :-.,, tent ion of Possession. Reallocation. Pro~isional Grant of a 'Right of Occupancy. Appeal from the Allocation Pro cedure. 31. While an appeal is in progress following the refusal to issue a fina~ Order of Grant, possession of the land shall remain with the petitioner until the matter is finally re solved. 32. All lands that are to be reallocated shall be processed in the same manner as those lands which are to receive an initial allocation. 33~ (l) Each grant shall be-made provision ally for a three year' period during which time no legal rights shall exist. (2} Where a provisional right of occupan cy is in existence, no transfer of the land shall be permitted. (3) Final assignment of the grant shall be made through the issuance of a Order of Grant after the fulfillment of all covenants and conditions laid down in the document of grant have been satisfied. (4) The registration of the grant shall taker place within. three month~ from the date of d~li~ery of the final document of •rant. Provided that the Minla'eer MS:Y' under exteru.i-:'.. ating circumstances extend such period. (5) Failure to fulfill the conditions of the grant during the provisional period shall lead to a withdrawal of the grant. ( 6) Following an adjudication, a final oider'ot grant shall-be made, without the necessity· of -a provis16nal period, in favour of any person or group which has already been i-n possession of the-· interest in question. 34.(1) In any case where an applicant is refused a provision~l or final grant of land which he feels he rightly should have receiv ed, an appeal ··shall lie with the Lands Trib unal, . within sixty days from the date of ·such decision. Judicial review by the High Court shall only be allowed in instances where an issue of law is involved. 1.6 Rights of Joint Holders. Sale of Granted Land Disagreements Among Joint Holders. ~Appeals of Parti tion Decisi0ns 35. (1) Each individual among a group of joint holders of an interest shall be eli gible for a separate grant of land. (2) Where the interest held by the joint holders has been received by grant, the subsequent receipt of a grant by any individ ual among a group of joint or communal hold ers shall not effect the ~tatus of the inter est as a wholei but shall terminate that persons interest in the jointly held right of occupancy. ( 3) The·. interest relinquished by one of the joint holders shall vest in the remaining members of the group. 36. (1) Unless otherwise provided for under this Act or a~1y other Act, there .. shall be no restriction on the ability to seil an inter est in land. ( 2) Where the granted land ls held by less than ten joint holder's and alt the joint holders agree, any individual among the joint holders may sell his interest toone or more of the existing joint hold~rs. (3) Subject to the prior approval of the joint holders, the entire interest can be sold to one of the joint holders or- to a third party. (4) Where there are more tha.n ±.¢p ,joint holders, all actions related to :the• interest in. guestion shall come under the p:r;-ovisions, of· the Registered Land · Act whipl;i p,rqv;Lde for a statutory trust. 37. All disagreements .among me~~•rs of a jointly held interest shall be resolved by an application of the partition provisions of the Registered Land Act. 38. All appeals fr.om .partition decisions shall be referred to the Lands Tribunal. Jud icial review of decisions in the High Court shall be limited to issues of law . .1.7 .:"ban Grants. Inheritance of Urban Land. 39. (1) Each eligible Zanzibari may during his lifetime receive two grants of urban land for residential purposes, one located at the site of birth and the second located at the site of residence away from the natal locale. (2) Any grant issued under the provisions of this Act shall be made on a provisional basis for a three year period during which the recipient shall have the obligation to meet the conditions set out in the provision al instrument of gr~nt·,. (3) Grants may be awarded in urban areas to el.i,.gjJ:>le perl3ons for small business, handicrafts or industrili1 purposes. ( 4) The urban· grant shall from time to time conform to the normal sized parcel utilized for residential purposes. ( 5) Urban. grants made for commercial or indust~ial p4rposes may be of the size n~ces sary to conform·to the needs of the land use involved in:the commercial or industrial p:urpqse without regard to any restriction as. to size. (8) In special circumstances, td be determined on a case-by-case basis, it is possible fqr additiol).al grants of urban land for residential purposes to be made by the Land Allocation Committee or through recom mendation to the Comm!Lt"Ge by other relevant authority. (7) There, shall.be no limit to the number of .urban, grants a person may · receive for a commercial or industrial . purpose as long as the procedure u ti 1 i zed·:. conforms with the .. law governing investments. 40. ("1) The law of success:i.6n shall apply to the inheritance of urban lands provided that the land shall not be subdivided if it would not conform -to the normal town planning standards. 18 Sale of granted Urban Lanct. Ag:i:'icultural Grants. Size of Grant. (2) Where more than one heir exists, the urban land shall be jointly held. (3) All decisions concerning matters involving urban lands which are jointly held shall be made by a11· persons who have an interest. 41. (1) A grant of urban land may not be sold for ·two (2); ,years, following the· expiry •of the period.of a provisional grant during which.time the land shall be developed in accordance with the conditions contained in the Order of Grant. (2) Sub-section (1) of this section shall not apply if, following an adjudication, the person who is awarded the interest has al ready been in possession of the property and made improvements thereto. 42. (1) Each eligible Zanzibari may receive one agricultural grant during his lifetime.· (2) The grant shall be made on a·provi si6nal basis for a three year period du-ring whic•h time the recipient shall ·have .. the obligation to meet the conditions set out in the provisional instrument of grant. (3) At a time no sooner than three years from the. date of the provisional gr~nt 1 a iinal instrument of grant shall be issued· to ,the interest holo.er · if the conditions con tained in- the prov is ionai in$tr\iment ·have been fulfilled- to avoid-withdrawal·'of- the grant. 43. (1) In accordance with ·t}:le provisions· of Section 15 (2) of this Act, the ai~e of an agricultural grant shall conform to the provisions set out in Section 8(2)(d~. ( 2) Unle-ss the land which comprises t·he area granted is communally owned or part of a Wakf, the total area of land which is part of a grant may not exceed eight hectares in total area irrespective of the number of parcels included in the grant, with the 19 Sale of Granted Agricultural Land. lnheritanceof Agricultura1 Land. Leases to Pu'blic Lsnd Government Control. OUl·ation and Status Of Leases of ( '>l ic Land ~der Government Control. understanding that under no circumstances may any individual parcel be less in area than three fifth of a hectare. 44.(1) No land which comprises a granted agric\lltural land (including the three acre plots. grant:ed under the provisiona .of the Land (Distribution) pe~reE!,:,()f i" 1 966} -shall, . .,wider- any, circumstances whatsoever. ;be .. ·sold.: (2) No lancl shall:betransi'erred through any meana, during the -pendincy -of- a,:provisiona1 period ot .. grant. · · 45.(1) The law of succession shall apply to the inheritance of agricultural lands provided that the land shall not be: sub-divided if such sub-division shall lead to the creation of any parcel wi th a ,size ·· less than thimimum prescribed. UDder this Act. ,Provided fur:ther that tb.e land which comprises ,an· ·agr'icul.tura.l grant (including the· three acre plots sranted under the provisions of the Land · ~Distribution) Deoree of 1966} shall not, under any circumstances whatsoever, be subdivided. (2) Where more than one heir is entitled "!:O the: land ,that cannot be sub-divided, it shall be jointly held •. (3) The decisions concerning land that ia ,jointlyheJ.d aba:ll be made~ accordance with the .-pl:'ovisions of. this Act and the Registered Land ·Act. PAR'?'VI LEASES. 46. '?b.e Minister may lease any,pubiic land.which does not comprise a.right of occupancy to any person, Zanzibari or non-Zanzibari. 47. {1) No lease of(public land~ecuted under the provisions of this Part s11iII exceed a maximum of forty nine years. (2) Notwithstanding the provision of sub-section (1) leases ot' public land may be renewed. (3) Leases of public land ahall not be Violation of the Restrictions in a Lease. Appeal of Decision for Terminationw Leases of Right of Occupancy. sold, assigned, sub-leased or sub-divided but shall be inheritable. (4) A fair rental value shall be included in• all leases of public land taking into consideration the value of the . land in the immediate area·, without c6nsiderfng -· the · in creaseEin'.:,value ,due to the· additio'n .. of im provem'erits; . . (5);The· Minister.may, on the basis of eY,idence .· of' a /clear >'and convihclng'· nature, grant a · reduction in rent if. It· will serve the public interest to do so. ( 6) . Rent shall be,. reviewed for leases. of: a. duration of 'more than ten yeares 'at inter vals of not more than three years taking.into consider~tion.the sa~~ crit~iia ~tilized for the assignmeht of the original ~ental valu~ as · set forth in sub-section ( 3) · of this sebtioh~ · ( 7) Where there is an ·increase ·in rent, the lessee shall have the right ~o terminate the lease and be entitled to compensation for the value, as of the date of surrender, of any unexhausted improvements on the land made by him. 48. Any violation or breach of the te~ms and conditions o:f a lease of public land re stricting the sale, assj,gnment, sub-:-le'tting or sub':"dividing . ·of-:the said.; land-/' shall. ·on presentation of evidence of such violation or breach, empower the Minister to terminate t he said-lease. 49. An appe.s:1 for the decision to t.erminate a lease of public land' on. grounds of a violation or breach of terms and conditions restricting the sale, assignment,·· sub -let ting, sub-lease or sub-division ·shall.be made to the Lands Tri~unal. 50. (1) There shall be no restriction on the lease of a right of occupancy, or a part thereof, by the interest holder, provided the lease is for a maximum period of fifteen 21. years. (2} Where any right of occupancy is jointly or communally held, approval must be given by all joint interest holders or in the instance whe1:.·e there are more than ten, in accordance with the - provisions relating to statutory trust as set out in the Registered Land Act. · (3);i.Where the joirit 'int"er'es·t:.:,holders f ai1!::to\2re·ach't 1anf agree~'eiitSF'B:hii"berr1ing··. -the PQS'Siblityf:t>f.}creating'':~:a. i~J~ehold,·>:and ··-if such· fai1ur'eHsha11·:5give ·r-ise'"t'.o:'ithe 'possibil ity of the co1nmencement of - a'i-1' action for termination of the right of occupancy,.under the provisions of this Act,.· the procedure leading to termination.shall.be postponed until a decisi,on concerning. the .leasehold -'is 'made. · (4} Any-failure to reach -art agreement concerning the poaaibili ty of• creating a leasehold- interest shall be resolved .by the Lar1.ds Tribunal. Duration and Status 51. (1). The. . lease of a- right to'. occupancy of Leas.e of Rigl':tt shall ·be inheritable. of Occupancy. (2) There shall be no right to lease any land for purposes that will violate·. any zoning provision. (3} The lease of a right of occupancy . shall not be sold, assigned, or sub-divided · .but inheri tabl.e. , (4} There shall be no right to sub-let. a right:.of ,. oc cupari<iY without :the ':,.pp1or. ~pproval .Of:,£: af1es'ao'rY!a:nd,t,any?,peraon ~c{i<"/ii1ati tut ion that ho lde a-·, re'itistered · -interest\on , the :!:and in question,, and ·where -prior approval' ,is g,i ven by a lessor·. or - any interested person under no circumstances shall a sub-lease of the said right be in excess of five years. (5} There shall be no right to add fix tures or other unexhaueted improvements to the land in question without i;,rior permission Violation of the Restrictions in a Lease of Right of Occupancy Size of Lease to Agricultural Right of Occupancy. .of the lessor. (6) Rent shall be reviewed for leases of a right of occupancy of a duration of more than five years at intervals of not more than two years taking into consideration the same criteria utilized for the setting of the original rental value. (7) Upon an increas~ in rent, the lessee shall ,have ,-.the· righte:-to terminate - the lease .and 'claim the· value·, at the time of surrender of, possession~-'-· .. :of · any unexhausted improve ments authorised under the· covenants of the lease. · 52.(1) Any lessee who violates terms or cond itions of a lease o·f a right of occupancy as set forth in thi~ Act or in the covenants of the lease shall render the lease htill and void. ( 2) Any lessee who is gui 1 ty · of such an offence shall pay the lessor damages of hot less than one million shillings and £allure to pay· such damages th'e lessee shall' be imprisoned £or a period ~f not less than' sik months. 53. (1) Unless otherwise provided for under this Act, no lease of agricultural land held by right of occupancy shall be permitted when such land has an area less than the minimum allowed by the law. (2) The.Minister. may, with appr.opriate justification, 1 'spec1ally authorize leases of •agricultural :land of ~ess than three fifth of a ,hectare ori ·,,pI'esentation . of.:· a ·::petition so reguesting by .the,,interest, holder. Effect of Lea~e -of 54. (1) A lease to a right of occupancy Right of Occupancy. shall be registered. (2) A lease of the -right of occupancy shall not effect.any separate interest to trees located thereon. (3) Other than the conditions contained Termination of Right of Occupancy. Right to Terminate National Interest. in its covenants, the provisions of this Act and other relevant Acts shall apply to the lease. PART VII. TEHMINATION OF RIGHTS OF OCCUPANCY. 55~ Except ,as provided in ,the this Part it shall be .unlawful of occupancy to be terminated. Sections of for a right 56. The Government may terminate · any right ,of occupancy on grounds of national interest, p.t'·ovided that the Government shall: · a) prove before the Lands Tribunal that clear and convincing reasons exist for the repossession of such right of occu pancy; ·and b) pay market value compensation for the land and any unexhausted improve men ts thereon, before an Order of Termination, subject to the right to appeal before a court of compet ent jurisdiction, is issued. Zanzibari Require- 57. If it is determined that: ment. Forfeiture. a) any grantee is, at any time, proved to be~ non-Zaniibari; or b) an interest holder makes, or at tempts ,to make, a transfer of his right :::>f occupancy to a: .'non~Zanzibari; an Order of. Termination shall be issued by the Minister which shall provide that the right of occupancy is terminated and the land shall be vacated forthwith. 58. Where the Minister is at any t·ime satis fied by the evidence presented to him that the land is abandoned or being utilized not in accordance with the plans of the proper authorities, a procedu re shall be commenced 24 Abandoned Land. Idle Land. which may lead to the issuance of an Order.of Termination. 59. (1) The land shall be designated ~s abandoned if the holder of the interest or person properly designated by him is not in possession of the land described as the right of occupancy and has not been for a period oJ e1ghteen months or three growing seasons whichever is longer. (2) The Minister shall issue a notid~ r~quiring the :rightful holder or a pers01, designated by him to prove his possession within six months from the date of · such notice. (3) Wh~re the holder of the interest does not prove his possession or through a person designated by him within the t·ime allotted, the Minister shall issue an Order of Terrninati9n and shall vest possession of the parcel in question to the proper• authori ty for re-allocation. 60. (1) Where the holder or a person right fully acting on his behalf has failed over a period of two years to use for the purpose it was allocated, maintain or keep such land or buildings in proper and productive use and repair, the land described-as part of the right of occupancy may be declared as idle. (2) The Minister may issue a notice requir-ing the holder to appear in person .:or by his.agent to give reasons why:the right· of occupancy should not be terminated. ( 3) T})e Minister :may, in .. hi.6 d1s~retiori., at the completion of the hearing, provide up to eighteen months during which time the interest holder must utilize the land in the manner for which it has been designated. (4) At the end of the designated period the Minister ~hall ·review the findings to determine if the land has been put to appro priate use and issue an Order which conforms Termination of a jdintly heldi:Right o·f Occupancy. Challenge to an Order of Termin ation. Q9mpensatii:m •,upon Termination. to the findings. (5) Where the holder fails to appear at the appointed time specified in the notice, or if the Minister is not satisfied with the reasons advanced by the holder why the right of occupancy shall not be t~rminated, the Min.i,ster may issue an Order of Termination ~hic:lt.J:.e.rminate ;s the .. ,;r ight of ocoupap.qy. qi~ :W4.ere the,· rigllt of occupancy affected py ,1.n 01~der of; Termination is .:jointly or commun ally held·,· provislons calling for agreement of all joint. interest holders shall apply. (3;~. Or) The recipient of an Order of Termi nation· may· within forty eight hours of .. the receipt. of the. ·order petition to· the Minister for .. a reconsideration which shall be made. within one week .. of· the request;· ·and (2) Th.e interest holder may, if not s~.t.Jsfi ed: -:~~.th the decision of the Mi,riister app~aJ aga~nst such decision to the Lands .Tribunal :within sixty days .of the issuande of an .. Order. of :t'ermination . (3) The Minister shall, order a stay of the Order, on the request of the int.ere·st holder,. . pending determination before the Lands Tribunal. (4) Where an issue on point of law exists, the intere .. st holder may appeal a.gairis:t ,the:decision qf,,the• Lands Tribunal to the'lifgh Qciurt. 63 , Cf) Unl~ss. sJ;)e~J.f~¢.~,11y. provided , for by the Min''.ister:, rio compe11,sation for the . fair market value· of the ... land' shall be, payable by the Government on termination·of the right of occupancy under this Part. (2) Compensation shall be provided for unexhausted improvements on the land with the value determined at the time of the Order of Termination. Relinquishment of Possession. Disagreement over Value of Property. 64. Possession to the land in question shall not be relinquished until procedures set out in this Section are complied with. a) An assessment of the value· of the unexhausted improvements and, if appro priate, the land have been carried out by the Government; b) Where .the Gove:r-nment fails to carry out the assessment w ithin six months.of the date of the Or'der of Termination, the interest holder may within ninety days; i) have the assessment carried out at the government's expense; or ii) sell the interest on the open market. c) Wh~fe the property is sold the interest holder must relinquish posses sion within thirty days of the comple~ tion of the sale; d) Where an assessment is carried out the Government shal 1 pay the interest holder within sixty days and the inter est holder must vacate the premises within thirty days of the receipt of the payment; e) Where the payment has not been made by the Government within sixty days from the date of the assessment, ·a public auction shall - take . place within thirty days from the ; date of the d~f aul,t of payment- P-nd the premises sha ll be- vacat~ ed · within :~·thirty' days · from the date of the public auction·. 65. Any conflict over the determination of the assessed value of the property at the time of an Order of Termination shall be resolved by the Lands Tribunal. 27 Effective Date of Grants. Regulations. PART VIII. MISCELLANEOUS PROVISIONS. 66. ( 1) Grants shall be considered effective from the date this Act comes into force with the exception of grants made through a procedure which predates the alloc.ation proceduee which is set out in the Regµlations to this Act. (2) All such grants shall be subject to a regularisation procedure to be implemented through thf;) administration of the Lqnd Adju-; dication Act of 1989 aimed at intrciduting such holdings into a Land Register. (3) All.land lawfull acquired after.this Act comes into effect, but prior to any planned Adjudication, shall not be affecte.d '. by .. the Adjudication·. · 67. Cl) The Minister may make Regulations general to give effect to the purposes and provisions of this Act, and in particular and without prejudice to the generality of the foregoing, for prescribing the form of land transactions and the instruments to be used to complete any transaction allowed under this Act; and for prescr.ibing anything under this Act which may be allowed. (2) Regulations may be prepared to give effect to the purposes and procedures of this Act, ln particular to sp·ecifi-ed matters including: a) principles and prooedu~e of· land consolidation; b) procedures relating to land alloca tion; c) fees payable for matters done under this Act; d) forms of instruments to be used; Saving the Right of Government. Repeals. e) standards to be utilized for setting rents ~nd assessing compensation; f) prooepures to be followed in revis ing rents and other payments; g) conditions relating to the applica tion of land capability to the right of occupancy; h) procedures and effects of donations; i) regulations concerning the environ mental concerns of lands used for com mercial and .. industrial purposes; 68. Nothing in this Act shall prejudice any interest, right, power or privilege conferred on the Government by any other law. 69. (l)The followingwritten Laws and·portion of Laws are hereby repealed; a) Registration·. of Land interests, as set out in the Registered Land Act of 1989, so far as it requires leases over two years ~o be registered; b) Public Land Decree (Cap. 93); c) Decree, 13/65; d) Land (Distribution) Deicree, 5/66 and Amending Decrees 10/67, 1®/68~ 1/69 and 3/82 without prejudice to. matters,' done under these Decrees; e) Confiscation of Immovable Property Decree, 8/64 and amending Decrees 16/64; 3/68-and 11/79, without prejudice to any matters done under.these Decrees; f) Provisions relating to leasehold terms under the In~estment Act of 1986; g) Provisions of. the Registered Land Act concerning provisional rights to occupancy; and 29 h) The Provisos t;.f sections: 8(1) and 8(2) of the Investment Act of 1986. (2) Notwithstandi:ng the repeal of the Laws and portion of Laws indicated in sub-section (l) of this section anything done under the prov-lsi. ons of the r~pe$,l.ed Lawa .. or portion of Laws shall. be deenJ.ed to have been· made Utlder the provisions of this Act. (3) All pending cases prior to the comme~cement of this Act shall be dealt with in accordance with the provisions of the repealed Laws. Passed at Zam:ibar in thE! House of Representatives on the 15th day of September, 1992. :if,J,(he1 vi de KHAMIS JUMA CHANDB CLERK mo !J.!HE·HOUSB OP' REl>RESEm!A'l!IVE8.