THE LAND ACT

(No.4 OF 1993)
THE LAND (COMPESATION CLAIMS)
REGULATIONS, 2001

(Made under section 179)

1. Thesc Regulations shall be cited as the Land firation

(Comp,msatian Claims) Regulations 2001 ,

2. In these r~gniafons, unless the context Interpretation

requires otherwise requires -
"Act" means the Land Act, 1999;
"authorized officer" has the meaning ascribed to it by the
Act;
"chstomary right of occupancy" has the meaning ascribed
to it by the Ad;
"granted right of occupancy" has the meaning ascribed lo
it by the Act;

"lacal government authority" has the meaning ascribed to

it by the Act:
l i b L a d C U I I I ~ C I I LFund
"Fmrl" ~ ~ ~ e i iIJIC ~ ~ ~ Veslirblished
II
by smtion I73 of the Act;
'pcri-urban area" has the meaning ascribed to it by the
Act;
"urban area" has the meaning ascribed to it by ihe Act;

3. Thcsc Rcpulations shall apply co at) applications or Appl~calion

claims for compensation abainst the (iovcmmcnt or iocel
govcmmcnt authoricy or any public body or institution under the Act
wlhu luny c h i ~ eutllpeladllorl.
u

65 5
 Land (Compensation Claims)
G.N. No. 79 (conid.)
Cu~r~p~llaoliuu d. The following may claim compcnontion, that is

to say -

(a) The holder of a granted right of occupancy

irr 1rsprc1urrgeneral 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
corgpulsorily acquired by the President for
public purposes under Section 22 of the Act
or in respect o f a right o f occupancy which
has been rcvoked under Section 49 of the
Act;
(b) The holder of a granted customary right of
occupancy in rcspect of land which is
declared to bc hazardous land ~mdersection
7 of the Act;
(c) The hdder of a customary right of
occup~ncy where the land becomes the
subject of a granted right of occupancy in
favour of another person and such holder is
~rruvtxlWI ~clucalalU I I ~ G Isocliu~l34 of Llia

Act.

(d) The occupier of land which he h& 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 o f occupancy under section
5 4 of the Act;

(e) 'The occupicr of land in any urban or perj

urban area where such land is acquired by
the Presrdcnt under section 60 of the Act.
 Land (Compnsatio Cl~ims)
G.N. No. 79 [costa.)
( l ) The Land (Assessment of Value for Compensation
r;onrpc~tsation)Rcgutatians 2001 shall apply to iuly which may be

application or claim for compensation by any petson dairned by

occupier
occupying land.
(2) W~lhoulpre~ud~ce
to the generality o f the
&at may be
above, the co~npensai~an claimed by any
person occupying land shall be -
(a) the value of unexhausted improvements on
the land he is occupying;
(b) grazing land.

6. Tho Commissioner or the aitthorizad officer Service ofnotice

to claim
shall cause a notice to be published on a public notice
compensation
b u i t l ar~dv c ~ v ca noticc in a prcscribd form on evay
occupier -
(a) notifying lhe occupier of the land which is
the subject of compensation;
b requiring the occupier to submit his claim
for compensation;
(G) requiring the occupier to appear physically
on such date, time and place where
assessment shall he done.

7. The Commissioner or the authorized'officsr Valuation

shall cause the valuation for compensation purposes to be

undertaken.

8. The Commissioner ur the authorized officsr Clalm Form

shall prepare a compensation schedule and submit iu (he

Fund, together with the claim for compcnsation.

9.-(I) The Fund shalt, within not more than thirry Uelermlna~lo~~

days from thc date 011 which the Fund receives the claim
65 7
 L a d (Compensation Clai~ls)
G.N. No. 79 (con~d.)

fbr cumpen.nseiion and comped~ationgchrdttle h m the

Cummissiomr at authorised officer make verif~ationa
accept pr reject payment.
(2) Thiv r~xulatiunshall apply 10 all applicatio~as
or claims for compensatioh against the Government or
local government a~thotity or any public body nr
institution un~1t.rthe Act.
(3) The eompmsation under section 156 of the
Act sh.tll apply against a non-government corporate body,
association or group of persons in whose favour a public
right of way is created.

Forn~sof [Q.-(I) Compensation shall take the form of

compensation monetary cu~npensation.
(2) Without prejudice to the pnerality of the
above. compensatioa may, at the option of the
government, take the form o f all or a combination of or
any of the foltnwing -

(a) a plot of land of comparable quality, extent

and productive potential to the land lose
(h) n building or buildings of compnmbln
quality extcnt and we comparable to ~ I C

building or buildings lost;

(c) plants and seedlings;
(d) regular supplies of grain and other basic
foodstuffs for a spceified time.

Dar CS Salaam.
9 d May. 2001