CHAPTER 184 - LANDS ACT: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION
Arrangement of Regulations
DISBURSEMENT OF FUNDS FROM THE FUND
3. Lands Development Fund Committee
4. Application for disbursement of funds
5. Determination of applications
6. Disbursement of funds to council
7. Banking of funds
9. Auditing of fund
10. Monitoring of use of the fund
11. Misuse or misappropriation of funds by council
12. Offences and penalties
[Regulations by the Minister]
SI 88 of 1996.
These Regulations may be cited as the Lands (Land Development Fund) Regulations.
In these regulations, unless the context otherwise requires—
“Chairperson” means the Chairperson of the committee;
“committee” means the Lands Development Fund Committee constituted by regulation 3;
“fund” shall have the same meaning as that in the Act;
“Minister” means the Minister responsible for land; and “Ministry” shall be construed accordingly;
“secretary” means the secretary appointed under regulation 3.
DISBURSEMENT OF FUNDS FROM THE FUND
(1) There is hereby constituted a Lands Development Fund Committee whose function shall be to consider and determine applications for disbursement of funds from the fund.
(2) The committee shall consist of the following members—
(a) the Permanent Secretary to the Ministry, who shall be the Chairperson;
(b) the Commissioner of Lands, who shall be the Vice-Chairperson;
(c) one senior official from the ministry responsible for local government and housing;
(d) one officer from the Local Government Association of Zambia;
(e) one officer from the Land Use Planning Section in the ministry responsible for agriculture;
(f) one representative from the ministry responsible for environment;
(g) the principal accountant in the ministry; and
(h) one accountant from the ministry responsible for finance.
(3) The Minister may, where he considers it necessary to do so, co-opt not more than two officers to sit on the committee.
(4) The members referred to in paragraph (c), inclusive, and (g) and (h) of sub-regulation (2) shall be nominated by the minister or sections that they represent.
(5) There shall be a secretary to the fund who shall be appointed by the Minister.
(1) Any council wishing to apply for disbursement of funds from the fund to develop any area in its locality may apply to the secretary for money to develop that area:
Provided that the funds from the fund shall only be used to carry out development which the private sector cannot provide.
(2) The application referred to in sub-regulation (1) shall be in writing and shall contain the following particulars—
(a) the development proposal in detail;
(b) the name of the town and province for which the development proposal is to be implemented;
(c) the estimated cost of the development that the council wishes to undertake;
(d) a diagram or sketch plan showing the location and hectarage of the parcel of land that is the subject of the development proposal;
(e) a plan of implementation of the development proposal; and
(f) a plan of the future operation and maintenance of the development and how the development will be financed.
(1) The Chairperson shall, within thirty days of receipt of an application by the secretary in accordance with regulation 4, call a meeting to consider the application.
(2) The committee shall decide—
(a) whether the council’s development proposal is acceptable and feasible;
(b) whether the development proposal requires amendment before submission to the Minister;
(c) whether the development proposal justifies funds being requested;
(d) whether the funds being requested may be released as a lump sum or in instalments; and
(e) the possible time within which the development proposal will be implemented.
(3) Where the committee finds that the development proposal is feasible and acceptable, the committee shall recommend to the Minister for a disbursement of funds and shall include in the recommendation—
(a) the name of the council requesting the disbursement;
(b) the development proposal;
(c) the amount of money required;
(d) the committee’s finding.
(4) The Minister may, in considering the recommendation of the committee—
(a) accept the recommendation; or
(b) reject the recommendation.
(5) Where the Minister—
(a) accepts the committee’s recommendation under sub-regulation (4), the Minister shall immediately inform the secretary, in writing, and shall in consultation with the Minister responsible for finance, release the money to the council concerned; or
(b) rejects the committee’s recommendation, the Minister shall immediately inform the secretary, in writing.
(6) The secretary shall, within seven days of the decision by the Minister inform, in writing, the council concerned of that decision.
Disbursement of funds to the council from the fund shall be by way of cheque or bank transfer.
(1) A council to which funds from the fund have been disbursed in accordance with regulation 6, shall immediately open a separate bank account at a bank of its own choice, where only money transferred from the fund shall be kept.
(2) The account referred to in sub-regulation (1) shall be called a “Lands Development Fund Account” and shall bear the name of the council that opens the account.
(1) The council to which the funds are disbursed shall, every three months, and at the end of the implementation of the proposed development, present a report to the Secretary concerning the proposed project.
(2) The report referred to in sub-section (1) shall include—
(a) a statement showing income and expenditure;
(b) a statement as to whether more funds are required; and
(c) a forecast of future requirements.
The fund shall be audited every year.
The committee shall be responsible for the monitoring and evaluation of the use of the moneys of the fund.
Where there is evidence of misuse or misappropriation of funds by the council, the committee may recommend to the Minister that—
(a) the bank account of the council be frozen pending investigation;
(b) the ministry responsible for finance discontinues to release more funds to the council until a report is submitted; and
(c) criminal proceedings by the State be instituted against the individual identified as being responsible for the misuse or misappropriation of the funds.
A person who misuses or misappropriates any funds from the fund shall be guilty of an offence and shall be liable upon conviction to a fine not exceeding two thousand, seven hundred and seventy-eight penalty units, or to imprisonment for a period not exceeding three months, or to both.
Arrangement of Regulations
2. Procedure on conversion of customary tenure into leasehold tenure
3. Consideration of the application by the council
4. Conversion by council of customary tenure into leasehold tenure
5. Requirement to pay ground rent
[Regulations by the Minister.]
SI 89 of 1996.
These Regulations may be cited as the Lands (Customary Tenure)(Conversion) Regulations.
(1) A person—
(a) who has a right to the use and occupation of land under customary tenure; or
(b) using and occupying land in a customary area with the intention of settling there for a period of not less than five years;
may apply, to the Chief of the area where the land is situated in Form I as set out in the Schedule, for the conversion of such holding into a leasehold tenure.
(2) The Chief shall consider the application and shall give or refuse consent.
(3) Where the Chief refuses consent, he shall communicate such refusal to the applicant and the Commissioner of Lands stating the reasons for such refusal in Form II as set out in the Schedule.
(4) Where the Chief consents to the application, he shall confirm, in Form II as set out in the Schedule—
(a) that the applicant has a right to the use and occupation of that land;
(b) the period of time that the applicant has been holding that land under customary tenure; and
(c) that the applicant is not infringing on any other person’s rights;
and shall refer the Form to the council in whose area the land that is to be converted is situated.
(1) The council shall, after receiving the Form referred to in sub-regulation (4) of regulation 2, and before making a recommendation to the Commissioner of Lands, consider whether or not there is a conflict between customary law of that area and the Act.
(2) If the council is satisfied that there is no conflict between the customary law of that area and the Act, the council shall make a recommendation to the Commissioner of Lands in Form III as set out in the Schedule.
(3) The Commissioner of Lands shall accept or refuse to accept the recommendation, and shall inform the applicant accordingly.
(1) Where a council considers that it will be in the interests of the community to convert a particular parcel of land, held under customary tenure into a leasehold tenure, the council shall, in consultation with the Chief in whose area the land to be converted is situated, apply to the Commissioner of Lands for conversion.
(2) The council shall, before making the application referred to in sub-regulation (1)—
(a) ascertain any family or communal interests or rights relating to the parcel of land to be converted; and
(b) specify any interests or rights subject to which a grant of leasehold tenure will be made.
A person holding land on leasehold after the conversion of such land from customary tenure shall be liable to pay such annual ground rent in respect of that land as the Commissioner of Lands may prescribe.
A person aggrieved by a decision of the Commissioner of Lands may appeal to the lands tribunal.
[Regulations 2 and 3]
APPLICATION FORM FOR CONVERSION OF CUSTOMARY TENURE INTO LEASEHOLD TENURE
Particulars of Applicant
1. Name ..............................................................................................
2. Postal and physical address: ..........................................................
3. Location of land: ..............................................................................
4. Size of the land and plan No. ..........................................................
5. Declaration of rights—
(a) I or my family has had the right to the use and occupation of the land shown on the plan for a continuous period of..............years;
(b) I am entitled to or my family’s is entitled to (delete as appropriate), the benefit to the land and I am not aware of any other person’s right to the use or, occupation of the land or part of the land except:
And granting leasehold to me will not affect these rights.
Signed: ........................................... Date:............................................
(i) If in occupation for less than five years, describe how the use and occupation of the land began, by stating the name of the Chief or the Headman who gave you permission to occupy and use the land;
(ii) Prove that the use and occupation of the land is exclusive, by describing the use that the land has been put to;
(iii) Please attach six layout plans of the land in issue to this Form.
APPROVAL OF THE CHIEF OF AN APPLICATION FOR CONVERSION OF CUSTOMARY TENURE INTO LEASEHOLD TENURE
I,................................Chief of ................................... (village) confirm and certify that—
1. I have caused the right to the use and occupation of ......................................(property number) by ............... (the applicant to be investigated and the investigation has revealed that the applicant or his family has for the last................ years been in occupation of the land described in the plan to which plan I have appended my signature.
2. I am not aware of any other right(s), personal or communal, to the use and occupation of the land or any other part of the land, except that these rights have always been enjoyed by the community and shall not affect the right of the applicant to the use and occupation of the land.
3. I have caused the consultation to be made with members of the community.
4. As a result of the consultation and the information made available to me I hereby give/refuse my approval for the said land to be converted into leasehold tenure.
Signed: ........................................... Date:.................................................
APPROVAL OF THE LOCAL AUTHORITY FOR THE CONVERSION OF CUSTOMARY TENURE INTO LEASEHOLD TENURE
I, ........................................, in my capacity as Council
Secretary of ........................................ District Council confirm and state that—
1. (property number) ........................................the land to be converted from customary tenure to leasehold tenure by the applicant ........................................ (name of applicant) falls within the boundaries of ........................................ District Council.
And that the said ........................................ (property number) falls within the Jurisdiction of Chief ......................................... The approval/refusal of the Chief for the land to be converted from customary tenure to leasehold tenure is herewith attached.
2. The applicant ........................................ (name) has occupied and has had the right to the use and occupation of the said land for a continuous period of ........................................years.
3. I am not aware of any other rights personal or communal to the use and occupation of the land or any part of the land.
4. As a result of the information available to me, I hereby give/refuse my approval for the said land to be converted into leasehold tenure.
Signed: ........................................ Date: ........................................
Arrangement of Rules
PROCEEDINGS OF THE TRIBUNAL
3. Notice of appeal
4. Entry and acknowledgement of appeal
5. Power to require further particulars
6. Power to require particulars of decision
7. Appointment of an assessor
8. Sittings of tribunal
9. Tribunal to sit in public
10. Inspection of land
11. Proceedings to be consolidated or heard together
13. Production of document or information
14. Failure to produce document
15. Appellant limited to grounds of appeal
16. Right of audience
17. Interlocutory applications
18. Administration of oaths
19. Extension of time
20. Preliminary point of law opinion
21. Withdrawal or dismissal of appeal before hearing
22. Default of appearance at hearing
24. Decision of tribunal
25. Consent order
27. Service of notices
28. Change of address
29. Substituted service
30. Compliance with rules
[Rules by the Chief Justice.]
SI 90 of 1996.
These Rules may be cited as the Lands Tribunal Rules.
In these Rules, unless the context otherwise requires—
“member” means a member of the tribunal;
“proceedings” means proceedings before the tribunal;
“secretariat” means the secretariat referred to in the Act;
“office” means the office for the time being of the lands tribunal.
PROCEEDINGS OF THE TRIBUNAL
(1) An appeal to the tribunal against any directive or decision may be instituted by sending to the secretariat, in duplicate, a written notice of appeal stating—
(a) the name and address of the appellant and the respondent;
(b) the date, reference number and particulars of the directive or decision;
(c) the description of the land or hereditament including, where appropriate, a plan identifying the land to which the appeal relates;
(d) the question which the appellant requires the tribunal to determine, including a statement of the figure representing the amount or value, where necessary, which the appellant requires the tribunal to determine;
(e) the grounds of appeal;
(f) whether the appellant does not propose to call an expert witness to give evidence;
(g) the address for service or notices and other documents upon the appellant; and
(h) such other information as may be necessary for hearing of the appeal.
(2) A notice of appeal shall not be valid unless it is lodged with the secretariat within thirty days from the date on which the directive or decision was served upon the appellant, or within such other time as may be prescribed by the enactment conferring the right of appeal.
(1) Upon receiving a notice of appeal, the secretariat shall—
(a) enter particulars of the appeal in the register of appeals; and
(b) send the duplicate notice to the respondent and inform the appellant and the respondent of the reference number of the appeal entered in the register, which shall thereafter constitute the title of the appeal.
(2) Upon receiving the duplicate notice of appeal, the respondent shall send a copy of the decision to the secretariat.
(1) Subject to any direction which may be given by the Chairperson, the secretariat may, at any time after receiving a notice of appeal, require the person giving the notice to furnish a statement setting out further and better particulars of the grounds on which he intends to rely and any relevant facts and contentions.
(2) The statement shall be sent in duplicate to the secretariat within such time as the Chairperson may direct, not being less than fourteen days after the date of the requirement, and copies of the statement shall be sent to such other persons who have given notice of appeal, in relation to the same proceedings, as the secretariat may determine.
(3) Upon receiving the statement referred to in sub-rule (2), the secretariat shall send the duplicate statement to the respondent.
Where the Chairperson requests the respondent to furnish particulars of any decision which appear to be requisite for deciding the appeal, the respondent shall furnish the particulars to the secretariat and the appellant.
(1) Where the tribunal has appointed an assessor under the provisions of section 22 of the Act, to assist it in the determination of any matter before it, the secretariat shall notify any assessor so appointed in writing and inform him of the place and date of the hearing.
(2) The remuneration to be paid to any assessor shall be such as the Chairperson may, with the approval of the Minister responsible for finance, determine.
(1) The tribunal shall sit at such places and times as the Chairperson may determine.
(2) The secretariat shall send to each party to proceedings before the tribunal a notice informing him of the place and date of the hearing which, unless the parties otherwise agree, shall not be earlier than fourteen days after the date on which the notice is served on them.
(3) Any person to whom notice has been sent under sub-rule (2) may apply to the secretariat, in accordance with the provisions of rule 19, for an alteration of the place or date of hearing.
The tribunal shall sit in public except where on application by a party to the proceedings, the tribunal directs that the whole or part of the proceedings shall be held in camera.
(1) Subject to the provisions of sub-rule (2), the tribunal may inspect the land or hereditament which is the subject of the proceedings and may, if it thinks fit, enter on the land or hereditament for that purpose.
(2) Notwithstanding sub-rule (1) the tribunal shall not enter any premises unless it gives seven days notice to the parties of that intention and the parties shall attend the inspection.
(1) Where more than one notice of appeal has been given to the secretariat in respect of the same land or hereditament, an application to the secretariat for an order that the appeals be consolidated may be made by any party to the appeals.
(2) The secretariat may consolidate the appeals under sub-rule (1) where it considers just to do so.
(3) The tribunal may make an order in respect of only some of the matters to which the notice of appeal relates where it considers it fit to do so.
(1) Evidence before the tribunal may be given orally or, if the parties to the proceedings consent or the Chairperson of the tribunal so orders, by affidavit.
(2) The tribunal may at any stage of the proceedings make an order requiring the personal attendance of any deponent for examination and cross examination.
A party to the proceedings shall produce to the secretariat, on request, any document or other information which the tribunal may require and which is in the power of that party to produce, and shall afford to every party to the proceedings an opportunity to inspect those documents or copies of them and to take copies of the documents:
Provided that nothing in this rule shall be deemed to require any information to be disclosed contrary to public interest.
If it appears to the tribunal that any party to the proceedings has failed to produce a copy of any document required under these Rules to be sent to any other party or to the secretariat, the tribunal may direct that a copy of the document be sent as may be necessary and that the further hearing of the proceedings be adjourned, and may in any such case require the party at fault to pay any additional costs occasioned by that failure.
On the hearing of an appeal, the appellant shall not be entitled to rely upon any grounds not stated in his notice of appeal, unless the tribunal thinks it just, on such terms as to costs or adjournment or otherwise as it may think fit.
In any proceedings a party may appear and be heard in person, or through an advocate, or any other person appointed for that purpose, with the consent of the tribunal or, in the case of the person in authority by an official appointed for that purpose.
(1) Except where these rules otherwise provide, an application for directions of an interlocutory nature in connection with any proceedings shall, unless otherwise ordered by the Chairperson, be made to the secretariat.
(2) The application referred to in sub-rule (1) shall be made in writing and shall state the title of the proceedings and the grounds upon which the application is made.
(3) Where the application is made with the consent of all parties it shall be accompanied by consents signed by or on behalf of the parties.
(4) Where the application is not made with the consent of every party, then before it is made, a copy shall be served on every other party and the application shall state that this has been done.
(5) A party who objects to the application may, within 14 days after service of a copy on him, send written notice of objection to the secretariat and a copy to the applicant.
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