Lands (Customary Tenure) (Conversion) Regulations (Cap. 184)

PART III MISCELLANEOUS 10. The Committee shall be responsible for the monitoring and evaluation of the use of the moneys of the Fund. Monitoring of use of the Fund 11. Where there is evidence of misuse or misappropriation of funds by the Council, the Committee may recommend to the Minister that (a) the Bank Account of the Council be frozen pending investigation; (b) the ministry responsible for finance discontinues to release more funds to the Council until a report is submitted; and (c) criminal proceedings by the State be instituted against the individual identified as being responsible for the misuse or misappropriation of the funds. Misuse or misappropriation of funds by Council 12. A person who misuses or misappropriates any funds from the Fund shall be guilty of an offence and shall be liable upon conviction to a fine not exceeding two thousand, seven hundred and seventy-eight penalty units, or to imprisonment for a period not exceeding three months, or to both. Offences and penalties SECTION 31-THE LANDS (CUSTOMARY TENURE) (CONVERSION) REGULATIONS Regulations by the Minister Statutory Instrument 89 of 1996 1. These Regulations may be cited as the Lands (Customary Tenure) (Conversion) Regulations. Title 2. (1) A person- Procedure on conversion of customary tenure into leasehold tenure (a) who has a right to the use and occupation of land under customary tenure; or (b) using and occupying land in a customary area with the intention of settling there for a period of not less than five years; may apply, to the Chief of the area where the land is situated in Form I as set out in the Schedule, for the conversion of such holding into a leasehold tenure. (2) The Chief shall consider the application and shall give or refuse consent. (3) Where the Chief refuses consent, he shall communicate such refusal to the applicant and the Commissioner of Lands stating the reasons for such refusal in Form II as set out in the Schedule. (4) Where the Chief consents to the application, he shall confirm, in Form II as set out in the Schedule (a) that the applicant has a right to the use and occupation of that land; (b) the period of time that the applicant has been holding that land under customary tenure; and (c) that the applicant is not infringing on any other person's rights; and shall refer the Form to the Council in whose area the land that is to be converted is situated. 3. (1) The council shall, after receiving the Form referred to in sub-regulation (4) of regulation 2, and before making a recommendation to the Commissioner of Lands, consider whether or not there is a confict between customary law of that area and the Act. Consideration of the application by the Council (2) If the council is satisified that there is no conflict between the customary law of that area and the Act, the council shall make a recommendation to the Commissioner of Lands in Form III as set out in the Schedule. (3) The Commissioner of Lands shall accept or refuse to accept the recommendation, and shall inform the applicant accordingly. 4. Where a council considers that it will be in the interests of the community to convert a particular parcel of land, held under customary tenure into a leasehold tenure, the council shall, in consultation with the Chief in whose area the land to be converted is situated, apply to the Commissioner of Lands for conversion. Conversion by council of customary tenure into leasehold tenure (2) The Council shall, before making the application referred to in sub-regulation (1) (a) ascertain any family or communal interests or rights relating to the parcel of land to be converted; and (b) specify any interests or rights subject to which a grant of leasehold tenure will be made. 5. A person holding land on leasehold after the conversion of such land from customary tenure shall be liable to pay such annual ground rent in respect of that land as the Commissioner of Lands may prescribe. Requirement to pay ground rent 6. A person aggrieved by a decision of the Commissioner of Lands may appeal to the Lands Tribunal. Appeals SCHEDULE (Regulations 2 and 3) FORM I (Regulation 2) APPLICATION FORM FOR CONVERSION OF CUSTOMARY TENURE INTO LEASEHOLD TENURE Particulars of Applicant 1. Name 2. Postal and Physical Address: 3. Location of land: 4. Size of the land and plan No. 5. Declaration of Rights: (a) I or my family have had the right to the use and occupation of the land shown on the plan for a continuous period of years; (b) I am entitled to or my family's is entitled to (delete as appropriate), the benefit to the land and I am not aware of any other person's right to the use or, occupation of the land or part of the land except: And granting leasehold to me will not affect these rights. Signed: ........................................... Date: Note: (i) If in occupation for less than five years, describe how the use and occupation of the land began, by stating the name of the Chief or the Headman who gave you permission to occupy and use the land; (ii) Prove that the use and occupation of the land is exclusive, by describing the use that the land has been put to; (iii) Please attach six layout plans of the land in issue to this Form. FORM II (Regulation 2) APPROVAL OF THE CHIEF OF AN APPLICATION FOR CONVERSION OF CUSTOMARY TENURE INTO LEASEHOLD TENURE 1, Chief of ................................... (vilage) confirm and certify that 1. I have caused the right to the use and occupation of (property number) by (the applicant to be investigated and the investigation has revealed that the applicant or his family has for the last years been in occupation of the land described in the plan to which plan I have appended my signature. 2. I am not aware of any other right(s), personal or communal, to the use and occupation of the land or any other part of the land, except that these rights have always been enjoyed by the community and shall not affect the right of the applicant to the use and occupation of the land. 3. I have caused the consultation to be made with members of the community. 4. As a result of the consulation and the information made available to me I hereby give/refuse my approval for the said land to be converted into leasehold tenure. Signed: ........................................... Date: FORM III (Regulation 3) APPROVAL OF THE LOCAL AUTHORITY FOR THE CONVERSION OF CUSTOMARY TENURE INTO LEASEHOLD TENURE I, , in my capacity as Council Secretary of District Council confirm and state that ()property number) the land to be converted from customary tenure to leasehold tenure by the applicant (name of applicant) falls within the boundaries of District Council. AND THAT the said (property mumber) falls within the Jurisdiction of Chief . The approval/refusal of the Chief for the land to be converted from customary tenure to leasehold tenure is herewith attached. 2. The applicant (name) has occupied and has had the right to the use and occupation of the said land for a continuous period of years. 3. I am not aware of any other rights personal or communal to the use and occupation of the land or any part of the land. 4. As a result of the information available to me, I hereby give/refuse my approval for the said land to be converted into leasehold tenure. Signed: ........................................... Date: SECTION 24-THE LANDS (THE LANDS TRIBUNAL) RULES Rules by the Chief Justice Statutory Instrument 90 of 1996 PART I PRELIMINARY 1. These Rules may be cited as the Lands Tribual Rules. Title