Land (Functions of Authorised Officers) Regulations (L.N. No. 76 of 2001)

Land (Function of Authorised Officers) GoVERNMElTT NOTICE No. 76 published on 4/S.12001 THE LAND ACT (No. 4 m 1999) THE LAND (FUNCTIONS OF AUfflORISED OFFICERS) REGULATIONS, 2001 (Made under section 179) 1. These Regulations shall be cited ai; the Land (Functions of Authorised Officer) Regulations, 200 l. 2. rn tlv:sc Regulatiions unless the context otherwise requhe.s:~ '"Act" meam, th\; Lmtl A"l, 1999; "Authorized Officers'' has the meaning ascribed to it by section 2 of the Act; "Commissioner" means the Commissioner tor L.mds; J. The function of the Commissioner prescribed under the rrovisions of the Act as shown in the first column are the delegated functions of any authorized officer as s1.,'1. out in the second column of the First Schedule to these Regulations. 4.-( I) Evel')I authorized officet shall in addition to the delegated functions perform the functions as shown in the Second schedule, (2) Notwithr.tanding the pro11isi()11s of re.guh1tinn 3 and subn:gulation of this regulation, an authorized officer may 642 Land (Function of Authorised Officers) (a) Advise the Commissioner and local government authorities with regard to all his functions under the act; (b) l'erfonn any other function which the Commissioner may authorize in writing 5. Whenever an authori?..o=d.officer it required by the Act to make a determittation affecting or -likely to affect the right of any person and makes a detenninatlon which is adverse to that pcrso11 he/she shall give that person reason or reasons for that detennination 6. No authom.ed officer shalt exercise any functions in any matter concerning land in which he/she or any member of his/her immediate family has an interest 7. Every authorized ofticer who is a secretary of a Land Allocation Committee sb.all, fLOt \ater'\han fo\'II months after the end of each financial year, subtnit to the Commissioner an annual report on the delegated functions. 8. Every authorized officer workin:g in a local Amhority wit}, directorn and have regard to circulars of the Commissioner shall comply to the directions of and answerable to the Commissiotier. 643 G.N. No, 76 (contd.) R,euon11for determination Conflict of Interest Annual Answerable to Commis sioner land fFunctio.n of Aulhorised Officers) G.N. No. 76 (ccntd.J Section 5 7 25 27 31.33 32 35 36 37 FIRST SCHEDULE-(RegulatJon 3) Statement of Functions To receive reptese11tations on proposed traits for of general or rC$erved land to Vllbtge hmd and to prepare a report thereon To receive representations on proposed declaratioti ofhaiardous land and to prepare a report thereon 1' o receive applications for rights of occupancy and to nrnintni11 regi.~tP.r of :ipplic11tions: To sign letters of offer of right of occupancy subject to g,u;zctb;mcnt To require premium Mid rent To sign letter of offer for renewal of a Right of Occupancy subject to gazzettemem To receive application for change of use To receive and 1Jndorse notifications of disposHions of rights of occupancy To approve dispositiomi 644 39 42 45-47 51 53 59 15\ 152,153 168 !69 Land (Fum;lion of Au1hurised Officers) To receive applications for grant of approval for disposition tn ter;cive and foJ'.WIJ.rd surrender of rights of occupaucy 10 Commissioner for Lands: Notification of de:tennination of surrender to the Occupier All funetioniJ relating to breach of con<litiotl-!l: ()fright of occupancy and signirlg of notice ofrevocatlon To i:;ign and pub\h;h u\)\i\;t; of 11\l1mdotu~\~t of l~d and to sign declaration of abaudonment ofland To receive application& for eertifioate or va!idat:ton and to sign imd isime certificates of validation To give publicity to scheme of regularization 'to propose creation ofwa:yleave To receive applicitions for communal right of way ;,1.~d wayleave and ti) complete form for creation of wayleave Tu v1ovu1>e ,;;re.ttion ofpublio right ofway ro order substituted service to publish notices in newspapers 300 Ute Gazette 045 G,N. No. 76 (t:t1,tld.) 170 171 175 176 Land (Function of Authorised Officers) Exercise powers to enter and inspect l1l1Y land Exercise power to call for infonnation from an To sign and serve notice on any person in unlawful o,:.,;,uvutiou uflai1d, aud to require such person to vacate the Jwd To make and sign order requiring any person to remove obstruction on any pubJic rigb:t of way SECOND SCHEDULE - (r,gut.don 3) ADDITION,U FUNCTIONS (a) to assist any person appointed under section l 8 to hulll au inquiry umli;ir Sis, 5, 58 und 154 of the Act. (b) to identify and recommend to the Commissioner the land to be designated for investment pWlJoses under S. 20 ofthe Act (c) to recommend to the Commissioner conditions to be imposed on rights of occupancy under S. 34 of the Act (d) to recommend to the Commissioner ceiling on land occupancy under S. 21 of the Aet (e) to recommen<l ro the Commissioner a.ea1; to be dedarerl areas of mgnhiri1.ation 1mrlr:r ~ ~R nf the At:t 646 Dar es Salaam, 3'' May, 200 I Land (Function of Authorised Officers) G,N. No. 76 i:"'fltltd .' (f) to receive and to foiward lo the Commissioner views, representations and objections from members of the public under sections 58 and 154 ofthe Act (g) to mllke nccc,~m-y a.na.ngo1m::nl~ for lhir assessment of compensation that may be payable under sections 5, 7, 22, 34, 49, 54,60, 156 or any other provision of the Act (h) to receive applications or claims for compensation under Sections 5, 7,22, 34,4 9,54, 60, 156 or any other provision of the At:t and to forward such applications to the Land Compensation Fund; (i) to receive applications or claims for compens11tfon under Section 156 of the Act and to forward such applications to the relevant non governmental corporate body, association or group of persons in whose favour a public right ofway is created. G) to provide information and guidance of a general character either orally or in writing to members of the publi!.i in connection with fond m:itten: and the implementation ofthe Act S. 13 (1). (k) To provide infonnation and assistance to relevant Slate offlc~a1s for \'n\Jc proimcui\on or off,..11Ut'r11 under Ss. 15, i?'i and 17'8 of the Act. G. CilEYO, Minister for Lands and Ilumcm Seulement Development 647