THE LOCAL GOVERNMENT (URBAN AUTHORITIES) ACT, 1982 PART I

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THE LOCAL GOVERNMENT (URBAN AUTHORITIES)ACT, 1982ARRANGEMENT OF SECTIONSPART IPRELIMINARY PROVISIONSSectionTitleShort title and commencement.Application.3. Interpretation.4. Minister to work for meaningful, democratic local government in urban areas.1.2.PART IIURBAN AUTHORITY AREAS, ESTABLISHMENT AND VARIATION OFAREAS OF URBAN AUTHORITIESA- Establishment5. Power to establish urban authority.6. Content of establishment order.7. Procedure for establishment of urban authority.8. Certificate of establishment.9 Content and effect of certificate.10. Variation of area of urban authority.11. Consequences of variation of area.12. Urbarf authority to be body corporate.13. Existing urban authorities.B: Urban Wards14. Division of areas of urban authorities into wards.15. Establishment of ward committees.16. Functions of ward committees.17. Procedure for implementation of development projects.18. Ward committee rules.PART IIICOMPOSITION OF URBAN AUTHORITIES19.20.21.Membership of urban authorities.Chairmen, Mayors, Vice-Chairmen and Deputy-Mayors.Qualification for election.1

2No. 8 Local Government (Urban Authorities)SectionTitle22. Election of elected members.23. Tenure of office of members.24. Cessation of membership for disqualification.25. Resignation and absence of members.26. Casual vacancies.27. Decision of questions as to membership of council.28. Freemen.PART IVMEETINGS AND COMMITTEESA- Meetings of Urban Authorities29. Frequency, place and time of meetings.30. Notice of meetings.31. Quorum at meetings.32. Presiding in council.33. Decisions of authority.34. Meetings to be held in public.35. Minutes of meetings.36. Minutes to be open to inspection.37. Standing orders of urban authorities.38. Disability for voting on account of interest in contracts.39. Validity of acts and proceedings of authorities.40. Invitation of non-members.41. Adjournment of meetings.B- Committees of Urban ng committees.Functions of standing committees.Power to appoint occasional committees.Co-option of non-members to committees.Effect of vacancies on ion of functions to committees.Proceedings of committees and sub-committees.Admission of public to meetings of committees.Reports by committees.1982

No. 8Local Government (Urban Authorities)SectionTitlePART VFUNCTIONS OF URBAN AUTHORITIESA- Functions53. Duty to discharge functions.54. Basic functions of local government authorities.55. Duties of urban authorities.56. Regulations conferring specific functions.57. Functions and duties under other written laws.58. Liability of members, 4.75.76.77.78.B: Power in relation to functionsPowers of urban authorities.Power to acquire land.Power to let and mortgage land and charge rents.Power to accept gifts.Power to contract.Power to insure.Power to write off arrears of revenue, cash and stores.Power to charge fees.Duties of Director in respect of offences.Duty of persons to appear before Director.The Courts.C: Powers of MinisterDischarge of duty of Minister under section 4.Power to enforce performance of functions.Inquiries relating to performance of functions.Power to transfer functions.Expenses in respect of transferred functions.Power to dissolve authority prematurely.Power to dissolve authority in default.Delegation of power of Minister.Supply of information.PART VILEGISLATIVE POWER79. Delegation of legislative authority.80. Power of urban authorities to make by-laws.81. Procedure where urban authority makes by-laws.82. Power of Minister to make uniform by-laws.19823

4No. 8Local Government (Urban Authorities)1982TitleSection83. procedure where Minister makes uniform by-laws.84. By-laws may impose special conditions.85. By-laws regulating building in urban authorities.86. Evidence of by-laws made by authorities.87. Copy of by-laws to be deposited at offices of urbanauthorities.88. Penalties for breach of by-laws.PART VIIPROVISIONs RELATING TO LEGAL PROCEEDING89. Offences.90. Powers of entry.91. Powers of arrest.92. Offence to obstruct.93. Penalty for unqualified person sitting or voting.94. General penalty.95. Books to be prima facie evidence of sums due.96. Contravention by company or partnership.97. Notice of suits.98. Limitation of suits against authorities.99. Mode of service on authority.100. Appearance of authority in legal proceedings.101. Trial of persons.102. Preservation of jurisdiction of courts.103. Appeals.104. Description of property.105. Burden of proof as to who the occupier is.106. Name of authority, etc., need not be proved.107. Service of notice by authority.108. Authentication and execution of documents.109. Publication of notices, etc.PART VIIIFINAL PROVISIONS110.1ll.Repeals.Savings.

No. 81982Local Government (Urban Authorities)5THE UNITED REPUBLIC OF TANZANIANo. 8 OF 1982I ASSE .K.-President28TH.JUNE, 1982An Act to make better provision for the establishment ofurban authorities for the purposes of local government,to provide for the functions of those authorities and forother matters connected with or incidental to thoseauthorities[]ENACTED bythe Parliament of the United Republic of Tanzania.PART IPRELIMINARY PROVISIONS1 .-(1) This Act may be cited as the Local Government (Urban Short titleand cornAuthorities) Act, 1982.mencement(2) This Act shall come into operation on such date as theMinister may, by notice published in the Gazette, appoint.2. This Act shall apply to every urban authority established or Applicationdeemed to have been established under this Act.Interpretation3.-(1) in this Act, unless the context requires otherwiseappropriate authority when used in relation to any act,appointment, dismissal, licence, permit, matter or other thing,means the person, committee or other body of persons permitted, required or in any other way made responsible by thisAct for doing the act, making the appointment or issuing thedismissal, licence or the permit or doing that matter or thing;"area" when used in relation to any urban authority, means thearea in which the authority is established, or empowered by orunder this Act or any other written law to exercise jurisdictionin accordance with this Act; I19

6No. 8 Local Government (Urban Authorities)1982''Area Commissioner"(a) when used in relation to a district, means the Area Commissioner for the district concerned;Acts, 1981No. 9(b) when used in relation to any urban authority, means theArea Commissioner for the district in which that urbanauthority is established;''the Assembly'' means the National Assembly of the UnitedRepublic established by the Constitution;''the auditor'' means the person or body of persons appointed bythe appropriate authority pursuant to Head B of Part IV of theLocal Government Finances Act, 1982, to audit the accountsof an urban authority, and includes, a person duly authorizedin that behalf by the auditor for the purposes of that Part ofthat Act;"this Act, includes any subsidiary legislation made and in forceunder this Act;"authority'' means an urban authority;''Chairman"Acts 1982No. 10.(a) when used in relation to an urban authority, means theChairman of that authority, and in the case of a city or amunicipality, the Mayor of the city or the municipality, asthe case may be;(b) when used in relation to any committee or other body ofpersons, means the Chairman of that committee or thatother body of persons, and includes the Vice-Chairmanor the Deputy-Mayor of the urban authority, the committee or of the other body of persons, or any other personacting in the absence of the Chairman and the ViceChairman or the Deputy-Mayor, when he exercises thefunctions or discharges the duties of the office of Chairman or Mayor, as Chairman or Mayor, as the case may be,pursuant to this Act;"city council" means a council established or deemed to have beenestablished under this Act within the area of a city;"the Commission'' means the Local Government Service Commission established by section 4 of the Local GovernmentService Act, 1982;"committee''(a) when used in relation to an urban authority, means acommittee established or appointed by that urban authority under this Act;

No. 8Local Government (Urban Authorities)71982(b) when used in relation to a ward committee, means thatcommittee;(c) when used in relation to a sub-committee means a subcommittee appointed by a committee;(d) when used in relation to any other committee, means thatother committee;''the Council''(a) when used in relation to a town, means the town councilfor that town;(b) when used in relation to a municipality, means the municipal council for that municipality;(c) when used in relation to a city, means the city council foxthat city;1.144court'' means any court of competent jurisdiction which hasjurisdiction over any part within the area of the authority;''the District Authorities Act'' means the Local Government (Dis- Acts,1982No. 7trict Authorities) Act, 1982;''director'' means(a) in relation to a town, the Town Director appointed forthat town;(b) in relation to a municipality, the Municipal Directorappointed for that municipality;(c) in relation to a city, the City Director appointed for thatcity;''district authority'' means a district council, a township authorityor a village council;"elected member'' means a member of an urban authority electedto membership of that authority at an open election held forthe purpose and in which all the residents of the area who arequalified to vote are allowed to participate and, where he is amember of the authority, includes each Member of Parliament for the parliamentary constituency in which the authority is situated or which forms a part of the area of the urbanauthority;''the former Act'' means the Urban Councils (Interim Provisions) Acts, 1978No. 1 1''functions'' includes powers and duties;

8No. 8Local Government (Urban Authorities)1982''improvements'' in relation to land means all work, other thanbuilding or work in connection with buildings, done on, in orunder the land, and materials used on that work, by theexpenditure of capital or labour in so far as the effect of thatwork or materials used is to increase the value of the land; butdoes not include machinery (whether fixed to the soil or not)or work, or materials used on it, done by the Government orby an urban authority or other public body unless the work hasbeen paid for wholly or in part by the owner or occupier of theland, and, effected by that payment; save that the payment ofrates and taxes shall not be deemed to be a payment for thepurposes of this definition;''interest in land'' includes interest in any building erected on theland;''joint-committee'' means a committee appointed jointly by two ormore urban authorities or between an urban authority and adistrict authority pursuant to section 48;''local government authority'' means a district authority or anurban authority;''land'' includes any interest in land and any easement or right in,to or over land;"member'' in relation to any urban authority or committee, meansa member of that authority or committee, and includes theChairman or the Mayor, as the case may be;''Minister'' means the Minister for the time being responsible forlocal government;"municipal council'' means a council established or deemed tohave been established under this Act within the area of amunicipality;"municipality" means an area over which a municipal council isestablished or deemed to have been established under thisAct;"occupier'' means any person(a) in actual occupation of land or buildings; or(b) entitled to occupy land or buildings by virtue of a grant bytheir owner, and where the same land or buildings areoccupied by several members of one family, means theperson reputed to be head of that family;''the Party'' means Chama Cha Mapinduzi and, in appropriatecontext, refers to an appropriate committee or other person orbody of persons authorized under the constitution of the Partyto perform the function relevant to the context in question forthe purposes of this Act;

No. 8Local Government (Urban Authorities)19829proper officer'' in relation to all urban authorities means theMinister and, in relation to a town council and a municipalcouncil ''assistant proper officer'' means the RegionalCommissier;''Regional Commissioner'' means-66(a) in relation to a region, the Regional Commissioner forregion concerned;(b) in relation to any urban authority, the Regional Commissioner for the region within which the urban authority issituated;''the Scheme'' m eans the Local Government Service Scheme for Acts, 1982the time being in force formulated pursuant to section 5 of the No. 10Local Government Service Act, 1982;''the Service'' means the unified service of all employingauthorities, otherwise known as the Local Government Service, the establishment of which is provided for by theScheme;''town'' means an area over which a town council is established ordeemed to have been established under this Act;''urban authority'' means a town council, a municipal council or acity council;waterworks'' includes streams, springs, weirs, wells, bore holes,dams, pumping stations, reservoirs, tanks, sluices, machinery,buildings, land and all other works and things necessary fortaking, impounding, discharging, storing, treating and filtering water.(2) Where it is provided in this Act that any power may beexercised subject to the provisions of this Act, the provisions shallbe read and construed as providing, in relation to any urbanauthority, or to all authorities, that the power may be exercisedsubject to those provisions of this Act which apply to that authority, or to all the urban authorities.4.-(1) It shall be the duty of the Minister in relation to areas of Minister to"(a) the promotion of local government;(b) the evolution, progressive development and perpetuationof local government institutions geared and devoted to thepursuance of meaningful involvement of and participation,by the people, in the making and implementation of decisions on matters affecting or connected with their livelihoodand well-being at all local levels within urban authorities;work fordevelopmentOf meaningfuldemocraticlocal gov-ernment inurban areas

10No. 8 Local Government (Urban Authorities)1982(c) securing the effective execution by urban authorities, subject to his guidance, control and direction, of the nationalpolicy on local government.(2) In discharging the duty imposed on him by this section, theMinister shall be guided, subject to this Act, by the need to evolve,and to foster, sound principles of, participatory democracy asenshrined in the Constitution and elaborated upon by or in otherwritten laws of the United Republic.(3) The Minister shall ensure that there is available an adequatesupply of Personnel trained, skilled or qualified for work in thevarious sectors or aspects of local government so as to secure thegrowth and development of an effective and efficient system oflocal government.PART IIURBAN AUTHORITY AREAS, ESTABLISHMENT AND VARIATION OFAREAS OF URBAN AUTHORITIESA-Establishment, etc.5.-(1) Subject to section 7, and to the other provisions of thisurban author-Part, the Minister may, by order published in the Gazette, establishityin any area of Mainland Tanzania an appropriate urban authority,subject to subsection (3).(2) In exercising the power conferred by subsection (1) theMinister shall comply with the national policy on the developmentof urban areas and may, subject to this Act, establish such numberand types of urban authorities in such area or areas as he may deemnecessary, expedient or desirable for the purposes of establishing,promoting, developing and maintaining an effective and efficientsystem of local government.Power toestablish(3) Where the purpose sought to be achieved by the orderunder subsection (1) is only to confer on an existing municipalitythe status of a city, that order shall be made by the President; andwhere, in respect of an existing town, the purpose is to confer uponit the status of a municipality, the order to be made under subsection (1) shall confer on the existing urban area and its authority thenew status, and shall determine the name by which that urban areaand authority shall be known, and the order shall be deemed tohave established the new urban authority.,(4) The urban area of(a) a town council shall be known as a town;(b) a municipal council shall be known as a municipality;(c) a city council shall be known as a city, and shall be such areaas shall be specified in the order made under subsection (1).

No. 8Local Government (Urban Authorities)1119826. Every order made under section 5 shall(a) specify the name or names of the urban area or areas inwhich and the date or dates on which an urban authority orauthorities shall be established;(b) define the area in which the urban authority shall be established and over which it shall exercise jurisdiction;Content ofestablishmentorder(c) prescribe the device and official seal of the urban authority,and may, in any appropriate case, include any ancillary matterssuch as the apportionment of assets, the continuance of by-lawsand the effect on existing urban authorities of the establishment ofthe new urban authority or authorities.7.-(1) No urban authority shall be established except in accor- Procedure forestablishmentdance with the procedure prescribed by this section.of urbanauthority(2) Where it is intended to establish an urban authority inrespect of any area or areas, the Minister shall, at least two monthsbefore making an establishment order under section 5, by noticepublished in the Gazette, and in any national newspaper or, as thecase may be, any newspaper circulating in the area or areas inwhich it is intended to establish the urban* authority, give notice ofthe intention, indicating the general direction of the boundaries,and such other matters as he deems necessary, and call upon allinterested authorities or persons affected, to lodge with him inwriting any objections or other representations in such manner andwithin such time as may be prescribed.(3) If, upon the expiration of the notice, no objection or otherrepresentations are received from any authority or person, theMinister shall proceed to make and publish in the Gazette the orderunder section 5.(4) Where any objections or other representations are lodgedin writing with the Minister pursuant to the notice given undersubsection (2), the Minister shall cause to be delivered an acknowledgment to the authority or person lodging the objection or otherrepresentations concerned, and shall take into account the objections or representations in determining whether or not to establishthe urban authority or determining the area of the urban authorityto be established.(5) As soon as possible under making the order under section 5,the Minister shall lay before the Assembly a copy of the noticeissued under subsection (2), together with a copy of the ordersubsequently made under section 5.

12No. 8 Local Government (Urban Authorities)1982Certificate of 8.-(1) As soon as possible after the order made under sectionestablishment 5 and the notice issued under section 6 in respect of any urbanauthority have been tabled before the Assembly, and in any casenot later than the date specified in the establishment order as itsdate of commencement, the Clerk of the Assembly shall furnish tothe urban council or councils established or to be established, orwhose boundaries are varied or are to be varied, as the, case maybe, a certificate under his hand containing the particulars prescribed by section 9.(2) Every certificate of establishment shall be in quintuplicate,and the Clerk of the Assembly shall retain a copy and send thethree remaining copies one each to the Minister, the PrincipalSecretary to the Treasury and the Regional Commissioner for thetime being responsible for the region in wh

URBAN AUTHORITY AREAS, ESTABLISHMENT AND VARIATION OF AREAS OF URBAN AUTHORITIES A- Establishment 5. Power to establish urban authority. 6. Content of establishment order. 7. Procedure for establishment of urban authority. 8. Certificate of establishment. 9 Content and effect of certificate. Variation of area of urban authority.

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