Land (Compensation Claims) Regulations, 2001 (L.N. No. 79 of 2001)

land (Compensatio11 Claims) G<lVERNMENT NOTICE No. 79 published on 4/51200 l THE LAND ACT (No. 4 OI' 1999) THE LAND (COMPESATION CLAIMS) REGULATIONS, 2001 (Made under section 179) l. These Regulations shall be cited BS the Land (Compimsation Claims) Regulations 2001. 2. In these regulations, unless the context requires otherwise requires "Act" meillls the Land Act, 1999; "authorized officer'' has the meaning ascribed to it by the Act; "c11stomary right of occupancy" has the meaning ascribed to it by the Act; "granted right of occupancy" has the meaning ascribed to it by tb., Aci; "local govemment authority" has the meaning ascribed to ii by the Aet; "FUJJd" 1m:a.11~ the La.11<1 Cumpcu~aliun Fund e5lablished by section 173 of the Act; "peri-urban area" has the meaning ascribed to it by the Act; "urban area" has the meaning ascribed to it by the Act; 3. These Regulations shall apply io i,I/ •pplica1i<ms or claims for compen~ation again&t the Government or local government authority,,, any pz,blic body or institution under the Act 655 Citation Interpretation Applicetion G.N. No, 79 (contd) Cuu,y.,,u,atiou Land (Compensation Claims) 4. The following may claim oomp1.:naotion, that il5 to say• (a) The holder of a granted right of occupancy in rcspi::ct l)fgcncral or reserved land which is transferred to village land under Section 5 of the Acl or in respect of land the subject of a right of occupancy which is CO!!Jpulsorily acquired by the President for public purposes under Section Z2 ofthe Act or in respect of a right of occupancy which has been revoked under Section 49 of the Act; (b) The holder of a granted customary right of occup;JtlC}' in respect of land whiclt is declared to l:tc hazardous land L1J1dcr section 7 of the Act; (c) The holder of a customary rigbt of occupnncy where the land bo!'comes the subject of a granted right of occupancy in favour of another person and such holder is HJuvtlU 01 1olue.tll'U 1u1tlt::1 sectiuu 34 uf lh~ J\s.t (d) The occupier oflan,:I. which he hiUl obtained under or as a consequence of a disposition by a holder of a granted or customary right of occupancy where such occupier is refused a right of occupancy under section 54 of the Act; (e) The occupier of land in any urban or peri urban area where such land is acquired by the President under section 60 ofthe Act. 656 Land (Comp,msatfon Clflim.f) 5.-(l) The Lat1d (Assessment of Value fo. ,:,ornpc111;11.tlon) RcgulatiQD~ 2001 ('Jh,Ul apply to a.11y application or claim for compensation by any petsQJl occupying land. (2) Without pr0Jud1ce to ttie generality ot" th.e above, the coi\l.pensn\i.cm thil.t mwy be c\a\med b'Y anJ person occupying hmd shall be • {a) the value of unexhausted improvements on the land he is occupyins; fb) grazing land. 6. The Commissioner or the authorized officer shall cause a notice to be published on a public notice buMd ;1,.nd sc1 vi:: a notice in it prc!:lcribcd fom1 on evQJ')' occupier (a) notifying the occupler of the \and which ls the subject of compensation; (b) requiring the occupier to submit his claim for compensation; (c) requiring the occupier to appear physically on such date, time and place where assessment shall be done. 7. The Commissioner or the authorized' officer shall cause the valuation for compensation putposes to be undertaken. 8. The Commissioner or the authorized office:r shall prepare a compen$a110n schedule anc.J submit 10 \hi:: Fund, together with the claim for compensation, 9Al} The I\md shall, within not more than thirtY days from the d·ate on which the Fund receives the claiin 657 G.N. No. 79 (co11.tJJ Compensatio11 claimed by occupier Scrviee Qfnottce to claim compensation Valuation C\aimFonn Oc1ermma1iuu G.N. No, 79 (rontd.) Forn1s of comp~nsation Land (Compensation Claim,) for ~'ompeMPtion afl.d eompet1-•ation schedule- from the C(,lmn:i.issioner (It authorised officer m,i:1,ke v~rification m:i.d accept pr reject payment. (2) Thi.; 1\..~1.1hitiun i;hti-11 ;:ipvly to all applkatlom or claims for compensation against the Government or local government authority or any p:ublic body 'Or institutiou un,lcr the Act. 0) Tile compensation under section 156 of the Act sh.,11 apply against a no11~govemment oorporate body, association or group of persons in whose favour a public right of way is created. IO.-(l) Compensation shat) ta){e the fonn of monetary compensation. (2) Without prejudice to thli: genera.lily of tht above. compcnsatioll may, at the option of the government, take the form of all or a combination of or any of the follnwing (a) a plot of land of ctJmparable quality, extent and productive potential to the Jmd lost; (b) n bullding or buildings of compflrable quality extent and use comparable to the building or buildings lost (c) plants m1ct seectllnw,;; (<l) regular supplies of grait1 and other basic foollstuffa for a specified time. Dar cs Salaam, 3,•.1 May. 200 l G. CilliYO, Mini.l'Utr JOr Lands rmd Human Sdtlcme11t Development 658