National Land Use Planning Commission Act, 1984 (Act No. 3 of 1984)

No.3 Section National lAnd Use P1Q1l11in, Commission THE NATIONAL LAND USE PLANNING COMMISSION ACT, 1984 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Title 1984 1. Short title and commencement. 2. Interpretation. PART II THE NATIONAL LAND USE PLANNING COMMISSION 3. Establishment of the Commission. 4. Functions of the Commission. S. General powers ofthe Commission. 6. District and Regional Advisory Committees. 7. Director-General of the Commission. 8. Duties of the Director-General. 9. The staff of the Commission. 10. Delegation of powers of appointment. 11. Committees. 12. Commission may call for information. 13. Minister may give directions. PART III FINANCIAL PROVISIONS 14. Funds of the Commission. IS. Power ofMinister to impose duty. 16. Commission may charge fees. 17. Annual estimates. 18. Accounts and audit. SCHEDULE 69 No.3 National Lond Use Planning Commission TIlE UNITED REPUBLIC OF TANZANIA NO.3 OF 1984 1984 I ASSENT. I. K. NYERERE. President 17m MARCH. 1984 An Act to provide for the establishment of the National Land Use Planning Commlss'on, to provide for its functions and for other matters related to and incident al to the establishment of the Com mission [ ] ENACTED by the Parliament of the United Republic of Tanzania. PART I PRELIM1NARY 1. This Act may becited as the National Land Use Planning Commission Act Short 1984,and shall come into operation on such date as the Minister may. by notice title lIt1d published in the Gazette,appoint. commeaee, I hiA I h . herwi ment2. n t s ct, un ess t e context requires ot erwtse-« I "Chairman" means the Chairman of the Commission; nterpre "the Commission" means the National Land Use Planning Commission establi- taooD shed under section 3; "land use" means the purpose for which a lot, plot, parcel, or tract of land. building, structure or premises or part of it is used or occupied or is int ended to beused or occupied; "Minister" means the Minister for the time being responsible for matters relating to land administration; "Land Use Plan" means a land use plan required under this Act; "beneficial use" means a use of the land that is conducive to public benefit. welfare, safety or health; "Director-General" means the Director-General of the Commission appointed underseetion 7. PART II THE NAnONAL LAND USE PLANNING CoMMISSION 3.-(1) There is hereby established a Commission which shall be known as :ra~isJa. the National Land Use Planning Commission. Commissioa (2) The Commission shall be a body corporate and shalI- mcDt (a) have perpetual successionand an official seal; (b) in its corporate name, be capable of suing and being sue (.c) subject to this Act, be capable of holding, purchasing or acqumng in any other way, any movable or immovable property and of disposing any of its property for the purpose of carrying out the functions conferred on the Commission by this Act. 71 No.3 National Land Use Plann:'ng Commission 1984 Functions of the Co1I1'tnhsion (3) The provisions ofthe Schedule to this Act shall have effect as to the consti tution and the procedure of the Commission and to other matters in relation to it. (4) Save for the provisions relating to the appointment of the Chairman, the Minister may, by order published in the Gazette amend, add to, vary. revoke or replace any of the provisions of the First Schedule, (5) The Commission may, with the approval of the f\~inister, co-opt any ndJi· tional members for a specified meeting or other purpose but no co-opted member shall have the right to vote, 4.-(1) The Commission shall be the principal advisory organ of the Go vernment on all matters related to land use and, for that purpose, shall (a) formulate policy on land use planning and recommend its implementation by the Government; (b) co-ordinate the activities of all bodies concerned with land use planning matters and serve as a channel of communication between these bodies and the Government; (c) evaluate existing and proposed policies and the activities of the Govern ment directed to the safe guarding of land against its wrongful, wasteful or premature use or development and.on the basis of that. recommend to the Government policies and programmes which will achieve. more effective protection and enhancement of the land quality and encourage better land use planning; (d) recommend measures to ensure that Government policies including those for the development and conservation of land take adequate account of its effects on land use; (e) stimulate public and private participation in programmes and activities related to land use planning for the national beneficial use of the land; (f) foster co-operation between the Government, local government authorities and other bodies of persons engaged in land use planning programmes; (g) seek the advancement of scientific knowledge of changes in land use and encourage the development of technology to prevent or minimize adverse effects that endangers man's health or welfare; (h) specify standards. norms and criteria for the protection of beneficial uses and the maintenance of the quality of the land; (i) establish and operate a system of documentation and dissemination of information relating to land use planning; (j) examine existing laws, and where appropriate formulate proposals for legislation in the area of land use planning issues and recommend their implementation by the Government; (It) establish and maintain liaison with other countries and international organizations with respect to issues and matters relating to land use planning; (l) establish and maintain Iiason with the Land Advisory Committees in the Districts and Regions with res 'eel to issues and matters related to land use planning so as to ensure that national and local interests in land use are taken into consideration; (m) prepare Regional Physical Plans and ensure their implementation by the regions; (n) undertake and promote general educational programmes in land use planning for the purpose of creating an enlightened public opinion regar ding the land and the role of the public in its protection and improvement 72 No.3 National Land Use Planning Commission 1984 (0) perform such other functions as the Minister may assign to the Co-nmis sion, or as are incidental or conducive to the exercise by the Commission of all or any of the preceding functions. (2) For the purposes of the better performance of its functions the Commission shall establish and maintain a system of collaboration. consultation and co-opera tion with any person or body of persons within or outside Tanzania. established by or under any written law and having functions related to those specified in subsection (1) or which relate 10 land use planning matters generally. (3) Any person who, without reasonable excuse, hinders or obstructs the Commission or an authorized officer in carrying OUI any functions under subsec tions (I) and (2) or under section 8, shall be guilty of an offence and liable on conviction to a fine not exceeding 5,000/- shillings or to imprisonment for a term not exceeding twelve months, or to both such fine and imprisonment. S. The Commission may, for the purpose of carrying out its functions under General this Act, do all such acts as appear to it to be requisite, advantageous powers of or convenient for or in connection with the carrying out of those functions or tho CotmliJ.. to be incidental to their proper performance and may carry on any activities StOD in that behalf either alone or in association with any other person or body of persons. 6.-(1) In discharging its duties, the Commission shall work through the District Land Advisory Committees established in the districts and regions for the and Regional overall supervision of all activities pertaining to land use in the respective districts Adviso!y and regions. The Commission shall have power to issue orders, directions, CorumitteeJ notices or other documents to the District and Regional Land Advisory Com mittees and all such orders, directions and notices shall be binding. (2) The Minister may make rules prescribing the procedure for the imple mentation by the committees of the orders, directions and other matters, issued by the Commission. 7.-(1) There shall be a Director-General of the Commission who shall be Director appointed by the President on such terms and conditions as the President may General determine and who shall also act as Secretary to the Commission. Co°f tm: . mllUSSlOli (2) The Director-General shall be the Chief Executive Officer of the Com mission and shall, subject to the provisions of this Act and any directions which may be given to him by the Minister or the Commission, be responsible for the implementation of all decisions of the Commission and for carrying out all the day to day activities of the Commission. 8. Without prejudice to the generality of subsection (2) of section 7, it shall be Duties the duty of the Director-General, under the direction of the Commission- of tho (a) to consider means and initiate steps in the safe-guarding of land against its ~rect:r wrongful, wasteful or premature use or development; e (b) to carry out investigations into the problems of land use and land use planning; (c) to obtain the advice of persons having special knowledge, experience, or responsibility in regard to land use and land use planning; (d) to keep under review the progress made in the attainment of the objects and purposes of this Act and to publish reports and provide information for the purpose of enhancing public awareness of such progress and of the problems and remedies that exist in relation to land use and land use planning; (e) to promote, encourage, co-ordinate and carry out short-term and long term planning and projects in land use together with or separate from other public bodies and other organs; (f) generally, to administer and give effect to the provisions of this Act and to carry out other functions as may be prescribed by the Commission. 73 No.3 National Land Usel'lanning Commission 1984 The stall of the Commission Delegation powers of appointment Committees Commission may call for informa tion Minister may give directions Funds of the CoIJll11is,. 'iou Power of Minister to rnposo duty 9.-(1) The Commission may appoint on such terms and conditions as it may determine. such number of persons to serve as officers of the Commission as it may consider appropriate or necessary for the performance of the functions of the Commission. (2) The Commission may engage, either temporarily or on such terms as it may think fit, persons who are experts in matters related to land useplanning and regional physical planning. 10. The Commission may. subject to such conditions as it may impose. delegate to any person or body of persons the powers of appointment to any office or offices on the Commission. 11.-(1) Subject to the approval of the Minister, the Commission may. from time to time establish such committees as it may consider necessary for the purpose of facilitating the carrying out of the objectives of the Commission. (2) The Commission shall prescribe the composition, powers, duties and procedures of all such committees and subject to the provisions of this Act may delegate to any such committee any of its powers or functions. (3) The Commission may appoint on any committee established under this section any person notwithstanding that that person is not a member of the Commission but any person so appointed shall have no power to vote: Provided that in no case shall the number of members of any committee who are not also members of the Commission exceed one third of the total number of the members of the Committee. 12.-(1) The Commission may require in writing any person or body of persons engaged in research, or engaged in an activity affecting or relating to land use within Tanzania, to furnish to it such information related to that research or activity as the Commission may specify. (2) Every person or body of persons which is required to furnish information under subsection (1) shall comply with the requirement and any person or body of persons which refuses or fails to comply with that requirement shall be guilty of an offence and shall be liable on conviction to a fine not exceeding five thousand shillings or to imprisonment for a term not exceeding six months or to both such fineand imprisonment. 13. The Minister may give to the Commission directions of a general or specific character regarding the performance by the Commission of any of its functions under this Act, and the Commission shall give effect to every direction given to it. PARTllI FINANCIAL PROVISIONS 14.-(1) The funds and resources of the Commission shall consist of (a) such sums as may be provided by Parliament for the purposes of the Commission; (b) such donations, grants, bequests and loans as the Commission may from time to time, receive from any person or organization. (2) The funds and resources of the Commission shall be applied for the purposes for which the Commission is established under this Act. 15.-(1) If the Minister considers it necessary in the public interest he may after consultation with the Minister for the time being responsible for finance, by order published in the Gazette. impose a duty payable to the Commission by any person or body of persons benefitting from the activities of the Commission 74 National Land Use Planning ·CommissionNo. 3----------- ..:.- or whose activities affect the activities of the Commission and every such person or body of persons specified in the Order. shall take all necessary measures to pay to the Commission such amount of duty and in such manner as may be specified in the order. (2) Every amount of duty required to be paid under subsection (1) shall be paid by the specified person or body ofpersons, and the amount so payable shall be a debt due to the Commission and may be recovered from the specified person or body of persons as a civil debt by a suit at the instance of the Director General or any person authorized by him in that behalf. (3) Where any amount of duty is due from any specified person or body of persons, the Director-General may file in a court of a Resident Magistrate having jurisdiction over the area in which the specified person or body of 1-ersons carries on business, a certificate stating (a) the name and address of the specified person or body of persons from whom the amount is due; and (b) the amount due, and upon the certificate being lodged in court the certi ficate shall be deemed to be a plaint duly lodged under Order XXXV of the Civil Procedure Code, 1966, and the court shall proceed in the matter in accordance with the provisions of that Order, and in the event of judg ment being given in favour of the plaintiff the court shall pass a decree for payment by the defendant to the Commission of the amount found due together with interest on that amount found due at five percentum per month from the date on which the certificate was filed until payment. (4) The provisions of subsection (3) shall apply notwithstanding that the amount involved exceeds the pecuniary jurisdiction of a court of a Resident Magistrate. (5) Every certificate filed in a court of a Resident Magistrate pursuant to the provisions of subsection (3) shall, unless the contrary is proved, be conclusive evidence of the truth of the statements contained in that certificate. 16. For the purpose of the better and proper performance of its functions, the Connission Commission may, subject to any directions which the Minister may give in that may charlO behalf, charge fees for any services rendered by it or by any of its committees. fees 17.-(1) The Director-General shall, in respect of each financial year, cause Annual to be prepared estimates of tho expenditure and revenue of the Commission and cstimateI those estimates shall be approved by the Commission before the commencement of the relevant financial year. (2) If in any financial year the Commission requires to make any disbursement not provided for or of any amount in excess of the amount provided for in the annual budget for that year, the Commission shall, at a meeting pass a supplementary budget detailing, that disbursement. . (3) The annual budget and every supplementary budget shall bein such fonn and include such details as the Minister may direct. (4) Forthwith upon passing the annual budget or any supplementary budget the Commission shall submit to the Minister for his approval that annual budget or that supplementary budget. (5) The Minister shall, upon receipt of the annual budset or any supplementary budget, approve or disapprove or may approve it subject to such amendment as he may deem fit. 7' No.3 National Land Use Planning Commission 1984 (6) Where the Minister has approved any annual budget or any supplementary budget, the budget or, as the case may be. the supplementary budget shall be binding on the Council which, subject to subsection (7), shall confine the disbursements of the Commission within the items and amounts contained in the applicable estimates as approved by the Minister. (7) The Commission may (a) with the sanction in writing of the Minister. make a disbursement not withstanding that the disbursement is not provided for in any budget; (b) adjust expenditure limits to take account of circumstances not reasonably foreseeable at the time the budget was prepared, subject to submitting a supplementary budget to the Minister within two months of the alteration ofexpenditure limits becoming necessary. Accounts 18.-(1) The Commission shall cause to be provided and kept proper books and audit ofaccount and records witn respect to (a) the receipt and expenditure ofmoneys by, and other financial transactions ofthe Commission; (b) the assets and liabilities of the Commission, and shall cause to be made out for every financial year a balance sheet showing details of the income and expenditure of the Commission and all its assets and liabilities. (2) As soon as possible after the close of every financial year a balance sheet showing details of the income and expenditure of the Commission in respect of that financial year shall be submitted for audit by the Tanzania Acts, 1968 Audit Corporation established by the Tanzania Audit Corporation Act, No.1 1968. (3) Every audited balance sheet shall be placed before a meeting of the Commission which, if it adopts it shall endorse the balance sheet with a certificate that it has been so adopted. (4) As soon as the accountsoftheCommissionhavebeenaudited,andinany case not later than eight months after the close ofthe financial year, the Commis sion shall submit to the Minister a copy of the audited statement ofaccounts together with a copy of the report made by the auditors on the statement ofaccounts which he shall then submit before the National Assembly. SCHEDULE (Section 3(2» Commission of the Composition 1. The Commissionshall consist of (a) a Chairman, who shall be appointed by the President; (b) no less than nine nor more than thirteen other members appointed by the Minister from among persons who in his opinion have the necessary experience or qualification to enable them to make useful contribution to the realization of the objectives, and to the deliberations, of the Commission. 2. The members shall elect one of their number to be the Vice-Chairman of the Commission, and any member elected as Vice-Chairman shall, subject to his continuing to be a member hold officefor a term of one year from the date of his election, and shall be eligiblefor re-election. 76 No.3 National Land Use Planning Commission SCHEDULE-(contd.) J984 3.-(1) A member shall, unless his appointment is sooner terminated by the President Tcn~ of or as the case may be, by the Minister or he ceases in any other way to be a member appomtmcnt hold officefor the period specifiedby the President, in the case of the Chairman, or by the Minister in the case of any other member, in the instrument of his appointment or if no period is so specified, for a period of three years from the date of his appointment and shall be eligible for re-appointment. (2) Any member appointed under paragraph l(a) or (b) may at any time resign his office by giving notice in writing to the President or, as the case may be, to the Minister and from the date specified in the notice or, if no date is so specified, from the date of the receipt of the notice by the President or the Minister, he shall cease to be a member. (3) If a member of the Commission who is a member by virtue of his holding some other officeis unable for any reason to attend any meeting he may nominate in writing another person from his ministry or organization to attend that meeting in his place. 4. Where any member ceases to be a member for any reason before the expiration of Presiding his term of office, the appointing authority may appoint another in his place and the at meetina person so appointed shall hold office for the remainder of the term of office of his predecessor. 5.-(1) The Chairman shall precide at all meetings of the Commission. Temporal)' (2) Vihere at any meeting of the Commission the Chairman is absent the ruembetShip Vice-Chairmanshall preside. (3) In the absence of both the Chairman and the Vice-Chairman at any meeting of the Commission, the members present shall electone of their number, to preside at that meeting. (4) The Chairman, Vice-Chairmanor a person presiding at any meeting of the Com mission shall, in the event of an c equality of votes, have a casting vote in addition to his deliberativevote. 6.-(1) The Commission shall ordinarily meet for the transaction of business not Meeting less than twice during every year and at such additional times as may be fixed by the and Chairman or, if he is absent from the United Republic or unable for any reason to act, procedure the Vice-Chairman. at meetings of the (2) The Chairman or, in his absence from the United Republic, the Vice-Chairman Commission may, and upon application in writing by not less than half of the members shall, convene a specialmeeting of'the Commission at any time. (3) The Secretary of the Commission shall give to each member adequate notice of the time and place of each meeting. (4) The Commission may invite any person who is not a member to participate in the deliberations of any meeting of the Commission, but any person so invited shall not be entitled to vote. 7. At any meeting of the Commission not less than one half of the members in office Quorum or the time being shall constitute a quorum. 8.-(1) Subject to the provisions relating to a casting vote, all questions at a meeting DccisioDs of the Commission shall be determined by a majority of the votesof the members present of the (2) Notwithstanding sub-paragraph (1), a decision may be made by the Commission ConmUssion without a meeting by circulation of the relevant papers among the members, and the expression in writing of the viewsof the majority of the members. 9.-(1) The Commission shall cause to be recorded and kept minutes of all business Minutes conducted or transacted at its meeting and the minutes of each meeting of the Commis- of meetinga sion shall be read and confirmed or amended and confirmed, at the next meeting of the Commission and signed by the person presiding at the meeting. 77 No.3 National Land Use Planning Commission SCHEDULE~contd.) 1984 Vac:aDCiea, .... DOl to invalidate acts 0rcSen, and directions Seal of the Commission ~n may re~late its OWD proceedings en Any minutes purporting to be signed by the person presiding at a meeting of the Commission shall in the absence of proof or error. be deemed to be a correct record of the meeting whose minutes they prrport fe' be. 10. The validity of any act or proceeding of the Commission shall not be affected by any vacancy among its members or by any defect in the appointment of any of them. 11. All orders, directions, notices or other documents made or issued on behalf of the Commission shall be signed by (a) the Chairman of the Commission; or (b) the Secretary or any officer or officers of the Commission authorized in writing in that behalf by the Secretary. 12. The Seal of the Commission shall not be affixed to any instrument except in the presence of the Chairman or the Secretary or some other officer of the Commission and at least one member of the Commission. 13. Subject to the provisions of this Schedule, the Commission may regulate its own proceedings. Passed in the Naeional Assembly on the fourth day of February. 1984. E. E. KAzIMOTO. Clerk of the NQI.'onol ASJetnbly 78