Moshi District Council (Regulation of Agriculture in the Lower Moshi Irrigation Development Project) By-laws, 1995 (G.N. No. 310 of 1995)

ISSN 0868-034X • Supplement No. 24 16th June, 1995 SUBSIDIARY LEGISLATlON to thtl Gazen« of the United Republic of TanZllnill No. 24, Vol. 76, doled 16th June, 1995 Printed by the Government Printer, Dar es Salaam, by Order of Government ? GOVERNMENT NOTICE NO. 310 published on 1616195 THE LOCAL GOVERNMENT (DISTRICf AUTHORmES) 'Nriioid~ .... B~·5\WS Made under section 148 THE MOSHI DISTRICT COUNCIL (REGULATION OF AGRICULTURE IN THE LOWER MOSHI IRRIGATION DEVELOPMENT PROJECT) BY-LAWS, 1995 1. These Regulation may be cited as the Moshi District Council (Reg ulation of Agriculture in Lower Moshi Irrigation Development Project) By-laws, 1995and shall come into operation on such date when tlpproved by the Minister responsible for Local Government. 2. The purpose of these by-laws is to effect efficient and rational operation and maintenance of the facilities, Agricuttural land and water sources created under the Lower Moshi Irrigation 'Project, thereby con tributing to the ehancernentof agricultural production in the project area. 3. In these By-laws: "Council" means the Moshi District Council. (a) "Project" means the Lower Moshi Agricultural Development Project situated in Moshi District, Kilimanjaro Region. (b) "Project Facilities" means facilities constructed under the project comprising of: (i) Main and Secondary drains and their related structures. (ii) Intake Weirs, Main and Secondary Irrigation Canals and their related structures, including water gates and any other items'attached to or installed in those structures. (iii) Trunk Farm Road, main and secondary tarm roads and their related structures. (iv) Flood dikes, and their related structures including gates and other items attached to or insjalled in those structures. (v) Warehouse, residential quarters and utility facilities related to the buildings. (vi) Tertiary irrigation canals, drains, roads and their related structures. 559 Interpltto , ration Duties of the Pro jectOffice Moshi District Council (Regulation of Agr. in Lower Moshi Irr. Dev. Project) G.N. No. 310 (contd.] (vii) Watercoarses, field drains, field roads and the related struc tures. (c) "Terminal Project Facilities" means the facilities mentioned in items (i)' to (v) of para (b) above. (d) "Terminal Project Facilities" means the facilities mentioned in items (vi) to (vii) of para (b) above. (e)"Agricultural Land" means any land for agricultural use which are located within the boundary of the Project and served by the Project Facilities. (f) "Project Office" means an office established for the purpose of "the operation and maintenance of the Project. (g) "Project Manager" means any person appointed to supervise the Project Office and execute the operation and maintenance of the Project Facilities. (h) "Project Beneficiaries" means any person or community holding Agricultural Land within the project area. (j) "CHAWAMPU" means Chama cha Wakulima wa Mpunga formed by the Project Beneficiaries under the Cooperative Societies Act, 1991. 4. The duties of the Project Office shall include the following (a) Operation and maintenance of the Major Project Facilities. (b) Providing the Project Beneficiaries with full technical assistance. Operation 5.-(1) The Project Beneficiaries shall execute farming operations Rule strictly in accordance with the irrigation plans, cropping schedules and other rules set out by the Project office and approved by the Council and CHAWAMPU. (2) Irrigation water created by the Project and conveyed with the Use of the Project Facilities shall not he delivered to any land except that entitled to receive it. (3) The Agricultural Land shall be entitled to receive irriuation water in accordance with the predetermined irrigation schedule. b (4) Supply of irrigation water to the Agricultural Land shall he made for 24 hours a day throughout the irrigation periods, except the time or period that the Project Office may determine. (5) The Project office shall have a right to change the irrigation schedule or to stop the supply of irrigation water to any Agricultural Land in consideration of weather conditions of Agricultural Land or in accordance with the provisions of these By-laws. ~6). T~e Project Benefic.iaries shall not he entitled to receive the supply ~f rrrrgatron water exceeding the amount allocated tothem ill the irriga non schedule unless they have obtained prior approval of the Project Office on the increase of water supply. 560 Moshi District Council (Regulation of Agr. in Lower Moshi Irr. Dev. Project) 1 G.N. No. 310 (contd.} 6.-{1) CHAWAMPU shall collect from the Project Beneficiaries all water charge according to the Water Management Act 1974. (2) The water charges for one cropping season shall be collected before the commencement of the cropping season. (3) Incase any Project Beneficiaries fails to pay water charges persuant to the provision of Rule 6(1) - (2) hereof, the Project Office shall immediately cease the supply of irrigation water to the Agricultural Land owned by such Project Beneficiaries and shall not resuine the supply until the water charges with interest for the same have been paid. 7. Incase it is necessary to prevent any Project Facilities from immi nent danger caused by floods, storms or erosions, the Project Office shall have a right to make temporary use of any Agricultural Land, trees and any other things of the Project Beneficiaries. 8. Any Project Beneficiary shall not alter the form an nature of the Agricultural Land without written approval by the Council. 9. Any Agricultural Land shall be utilized strictly in ~ccordance with the cropping plan and schedule prepared by the Project Office and approved by CHAWAMPU. 10. Any Project Beneficiary who is unable to cultivate the Agricultural Land shall petition for the impracticalness of farming to the Project Office before the commencement of the cropping season and such pat ition shall be accepted with or without conditions. II, The Project Office sha'f'l have a right to inspect at anytime the canditions of the operation and maintenance of the Terminal Project Facilities and the use of the Agricultural Land and shall report to the Council the results thereof. 12. It is strictly prohibited to graze or cause grazing of ,livestock within the Project Area. (a) If anybody grazes or to he grazed any livestock within the Project Area, shall be guilty of an offence. U. Heavy duty plants or vehicles wergtung more toe three tons are not allowed withing the Project Terminal Facility Area. 14, It is prohibited to use unrecommended chemicals and paddy seeds in the Agricultural Land of the project. 561 Colteetion of water charge Act. No. 42174 Imminent case Altera« lion of Agricul rural Land Cropping plan Impraeti calness of farming Inspec tion Grazmg in the Pro ject Area Heavy duty plants or vehicles not al lowed Use of Chemicals and paddy seeds Mosh; District Council (Regulation of Agr. in Lower MO':Jhi Irr. Dev. Project) G.N. No. 310 (contd.) Bathing 15. Nobody is allowed to take bath or wash elothes in the project:d wash- canals. g clothes Cultiva tion fees Sale of Agricul tural pro ceed Offences 16. Every Project Beneficiary has to pay cultivation and any other charges as may have been determined by the CHAWAMPU before the start cropping schedule. 17. Every Project Beneficiary shall sell to CHAWAMPU portion of the paddy produced from the Agricultural Land as may be determined by the CHAWAMPU. 18. Any Project Beneficiary who contravenes any of the provisions of these By-laws shall be guilty of an offence and may be liable to punishment. (a) In case of first offender, a fine not exceeding three thousand shillings or imprisonment for a term not exceeding one year or both fine and imprisonment. (b) In case of second offender or subsequent violation of these reg ulations, in addition to the penalty, described in regulation 11(a), the offender may be barred from the cultivation of the Agricul tural Land for a period not exceeding three years. Taking water without authority Removal or de struction of Project Structures 19. Any person or any Project Beneficiaries who takes water without. authorization, or break irrigation rule 5 may be sentenced to a fine not exceeding three thousand shillings or six months imprisonment or both fine and imprisonment. 20.-(a) Any person who moves, stains, breaks or removes any sign set up for the purpose of excecuting the operation and maintenance of the Project Facilities shall be guilty of an offence and may be punished to pay a fine not exceeding three thousands shillings or one year imprisonment or to both fine and imprisonment. (b) Any Project Beneficiary who is found guilty of an offence under regulation 19 and is a second offender may have his Agricultural Land conviscated by the Council. (c) Any Project Beneficiary who contravenes the provisions of regulation 12 and is a second offence, in addition to any penalty may, with the approval of the council be ordered to keep his Livestock outside the Project area. 562 Minimum Wages Board Establishment G.N. No. 310 (contd.) The Official seal of the Moshi District Council was affixed to these By-laws in persuance of resolution passed at a meeting duly convened and held on eleventh day of March, 1994 and the same was affixed in the presence of: M. LEMNGE, Chairman E. KAPILlMA, District Executive Director I APPROVE Dodoma, 14th March, 1995 HON. CLEOPA DAVID MSUYA, Prime Minister and First Vice-President • 563