Regulation of Land Tenure (Established Villages) Act, 1992

No, 22 OF 1992. ,.· · ... •· .. I ASS£NT . ...... ·····~·········· President ..... .... #.r(td.~k ............... . An Act to reaulate land tenure In villages established pursuant to ·0peration Vijiji, to provide for· the settlement· of land disputes and for connected :purposes [ ..................................... ; ..... ] ENACTED by the Parliament of the United Republic of Tan~ania. 1. This Act may be cited as the Regulation of Land Tenure (Estab- Short tit lished Villages) Act, 1992. tle '2. In this Act unless the context requires otherwise "Appeals Tribuni!l" means the Customary Land Appeals Tribunal estab­ lished· or deemed to have been established under section 13 of the Customary Leaseholds (Enfrinchisement) Act, 1968 pursuant to sec­ tion 9 of this Act; ·'Minister" means the Minister for the time being responsible for lands; "Operation Vijiji" means and includes the settlement or re-settlement of people in villages during and at any time between. the years 1970 and 1977, for the purpose ofimplementing the~ ofvillagisation; "the Tribunal" means the Customary Land Tribunal established or deemed to have been established under section 8 of ~e Cust ornary Leaseholds (Enfranchisement) Act, 1968 pursuant to section 6 of tli18 Act. 1 Interp~­ tation Acts, 1968 No. 47 Acts,1968 No.47 i□;;No~ 22 . · Replation·o/Land 1'enure (Established Villages) Acts,1982 No.7 Extinc tion of· rights undercus­ t omary la\lfl. No com­ pensation for loss of rights Certain proceed . ingsnotto be insti­ tuted orto terminate Cap. 113 Vesting of · jurisdic­ tion in the Tribunal Act, 1968 No. 47 ".village land" means, and includes all ~e land within the boundaries of any village established.as the result of operation· vijiji, whether or not such area has been, registered as a wlage in acco~ce with. section 22 of the Local .Qovepmient (District .Authonties) .. Aet, 1982. • ·a."4i) Notwiths~ding any other 1-w to .the contrary; all rights to ~PY gr:to µse lan,Hn accorda11ce with.any custom 9r nile of customary . lal~ ~sting or held ~r claimed to be held. bY, any person hi any Village ·1.an4. ·prior to:.O~ration Vijiji,. are ·he~~Y· eitinguisbed. . .. , .. -. ' ~ . (~ •. fQf "1~ avoi~nce of doubt the extinction ·of rightk und~r Subsec tion £n-0f ttus·~n shall not effect---. · (a) .. any. Ijght to occupy or to .use any village:land ,vhich was acquired by. any pen;on dqring or subsequent to Operatio~Vijiji., in any \tillage established .as the .result of Qpeiation Vijii; .or (b) any right to • or ·to occupy any land in acoordance with any custom or .tule of custoJIW'Y law existing .in ,.any· village. which ■..·not established as tfie .r:esult of Operation .Vijiji.· 4. No compensation. shall be payable only on- account of the toss., of any right or interest in or over land which• has been e:xtingutshed under section 3 of this Act·. 5.-( 1) Subject to section 6 of this Act and notwithstanding the pro­ visions of sections 22 and 23 of the Land Ordinance or of any other law-· . . (a) no suit or other proceeding shall be instituted in or remitted to any court or the Tribunal in relation to the extinction of any right under section 3 of this Act or in relation to any right to use:or to occupy any village land in accordance with any custom or ruJe, of customary law; (b) any suit or other proceeding to which this section· applie~ which. shall have been instituted in or remitted to, any court or the Tribunal ·before the commencement of this Act shall forthwith be· terminated. · · (c) no judgement, order or decree passed, made or given either before or after the commencement of this Act in relation .to any proceedings to which this section applies shall be executed; (2) · No order as to costs shall be made in relation to a suit or other proceeding which is terminated in accordance with this section. 6. No proceedings may be 'instituted under this Act, other than in the Tribunal having jurisdiction over the area in which the dispute air.a: Provided that where the Customary Leaseholds (Enfrinchiseinent) Act, 1968 does not apply the Minister may establish a Tribunal as if that Act applied to such area and the Tribunal so established shall perform all the functions and exercise aU the powers of the Tribunal under this Act. ·-. 8@11/ation,of Land 'Fenure·(Esmblishei!lJ!ill,ages) ,.!) ... 1 .. ~l;>ject t,o .~on· 3 of.ibis .Act. the Tribunal .shall ,have·. ~wer to .·, Functions , . , d~t~m~er~Y ~nd ctispute. within•, or touehiqon aayivillageJand .and ::; Tri­ ., .\ViA>,pµt;pr,Jµ~• tQ the geoer,ality ~f dle:foregoing,shaJ:lhave power . . (a) to: detc!nnineiwl\ether,any lancHs>viUage' Janet er is within viliage ~d· . , . '(bJ 'at .•air i'e~son11ble '.t1trie~ to•: 'e~~t ·~n~f·.t~~pe£(· ~ny land ler tli~ . · purpose .of·'c?rrying out afiY. pf its.p<)\Vet5; dufi~s.or ftin~s uridef,th~ provisions ,of tbis.A:ct'an<J to·,aµth<>.J"~in wt:itiA&JlllY person ·to Herclse such power;of 'entry and inspection 'i»i its. :,, · . .'.,; . behalf. . .. , .. · , : ,, .. ·. . . ' -·: ~' '.: .. ' . '. . '; . ' '. ~ ' . ) - .. '·. :. . · . ... ~ -. ' ~ ', .'. : .. ~- ~ ; .' ' · ( c) to declare whether or notany right or interest in or. 0vqr, 1end of any person claiming has or has not been extinguished in accor dance with this Act; · · ( d) to make such orders not inconsistent with this ,A.ct as may be. necessary fot1he cause of justice in relation to any matter arising out·,of this Act.,·•.· · 8. Sections 11, 12 and 14 of'the Customary Leasehold.!!.'(Enfranchis~­ ment) Act, shall apoly mutati,;..111utandis in relation to the ·powers of .t~~ Tribunal~ the enforcement of 'its decisio,:i~ ana· the protection of the members of the Tribunal in carrying out the functions and dutjes confer red by this Act. · · 9.--(1) Any person ·who is dissatisfied with any decision of the Tri­ bunal may appeal to the Appeals Tribunal having jurisdiction over the area in which the dispute arose: Provided that where the Customary Leaseholds (Enfrinchisement) Act, 1968 does not. apply, the Minister ·may establish such Appeals Tribunal as if that Act applied to such area. and the Appeals Tribunal so established shall perform all the functions and exercise all the powers of the Appeals Tribunal under this Act. (2) Any person who is dissatisfied with the decision of the Appeals Tribunal may further appeal to the Minister whose decision shall be final and conclusive artd shall not be reviewed by any court. 10. The Minister may make regulations prescribing the manner and pro~ure by whit;:h appeals may be made or generally, for the better giving effect to the provisions of this Act. .Powers of the Tri­ bunal and protection of the ·members Acts,1968 No. 47 Appeals Regula­ tions · 1i. The Land Ordinance is hereby amended in ~ectiqn 2~ Amend melit of (a) in the definition "Occupier", by deleting the semi..colo~ at the the Land . . end odf that ~ethfinitio~ghand subs!itudt1d·ng for it thbe \Vords. "o0r in ·~~ • acco.r ance Wl any n . ts acquire urµig or 1u sequent to p- ea,. 113 eration Vijiji as defined in section 2 of the'Jt~g~ation of~nd Tenure. (Established Villages) Act, 1992, in .any. village estab lished as the·. result of Operation Vijiji,;" and · Acts, 1992 No. Zi Acts, 1992 No,21 (b). in the definition, .'k'ipt of~pancy", by deleting the semi-colon at the end of thG'lteft d~iad substituting for it the words. "or in accordance tat1f• . . .· )ti acquired during or subsequent ·to Operation Vijij ·· deftl'le, •••kction 2 of the Regulation of Land · Tenure (Esta .. . e4;0Vil•) Act, 1992, in any village estab­ lished as the re. lt·bf0ptfr4tion Vijiji. . Revoca- 12. The Extinction c>t'Customary'Land Rights Order,··1987, is hereby · tion. O.N. · revoked. 198? No .. 88 Passtd in the National A1sembly on the fourteenth day of December, 1992. .. .. . onalA~ PriQCed ~Y tho Government Printer; Dar es .Salaam-Tanzania