CUSTOMARY LAND (DEVELOPMENT)

CHAPTER 59:01
CUSTOMARY LAND (DEVELOPMENT)

ARRANGEMENT OF SECTIONS

   SECTION

PART I
PRELIMINARY AND APPLICATION

   1.   Short title

   2.   Interpretation

   3.   Application

PART II
OFFICERS AND COMMITTEE

   4.   Appointment and general powers of officers

   5.   Appointment of Land Committee

   6.   Functions of the Committee

PART III
CLAIMS AND DEMARCATION

   7.   Development sections

   8.   Notice by Allocation Officer

   9.   Cesser of powers of customary authorities

   10.   Notice of demarcation and recording

   11.   Claims and attendance

   12.   Indication of land claimed

   13.   Demarcation of pieces

   14.   Duties of the Survey Officer

   15.   Duties of the Recording Officer

   16.   Disputes

   17.   Procedure in Committee

   18.   Reconsideration of decisions by Committee

PART IV
PRINCIPLES OF ALLOCATION AND ALLOCATION RECORD

   19.   Intended private land

   20.   Recorded customary land

   21.   Intended public land

   22.   Allocation Record

   23.   Notice of completion of Allocation Record

PART V
OBJECTIONS AND FINALITY

   24.   Objection to Allocation Record

   25.   Procedure in hearing objections

   26.   Correction of Allocation Record

   27.   Finality of Allocation Record

PART VI
MISCELLANEOUS

   28.   Charge on land

   29.   Fees

   30.   Offences

   31.   Indemnity of officers

   32.   Regulations

5 of 1967
26 of 1988

An Act to provide for the Ascertainment of Rights and Interests in Customary Land, for the Better Agricultural Development of Customary Land and for Purposes connected therewith and Incidental thereto

[9TH MAY 1967]

PART I
PRELIMINARY AND APPLICATION

1.   Short title

   This Act may be cited as the Customary Land (Development) Act.

2.   Interpretation

   In this Act, except where the context otherwise requires—

   “Allocation Officer” means an Allocation Officer appointed under section 4;

   “agent” means an agent duly authorized by law, including customary law;

   “Committee” means a Land Committee appointed under section 5;

   “customary land”, “private land” and “public land” bear the same meaning as in section 2 of the Land Act;

   “Demarcation Officer” means a Demarcation Officer appointed under section 4;

   “Demarcation Map” means a Demarcation Map prepared under section 14;

   “development area” means an area to which this Act has been applied under section 3;

   “development section” means a development section declared under section 7;

   “family land” means customary land which is held, occupied or used by members of a family on the allocation of the head of that family;

   “guardian” means any person responsible (whether under customary law or otherwise) for protecting the interests of any person who is under a disability, whether by reason of age, unsoundness of mind or any other cause;

   “interest in land” means any right or interest in or over land which is capable of being recorded under this Act;

   “land” includes land covered with water, all things growing on land, buildings and other things permanently affixed to land;

   “piece” means a piece of land separately shown on the Demarcation Map and given a number;

   “Recording Officer” means a Recording Officer appointed under section 4;

   “Survey Officer” means a Survey Officer appointed under section 4.

3.   Application

   (1) Whenever it appears expedient to the Minister that the ascertainment of interests in customary land and the better agricultural development of such land in any area should be effected the Minister may, by order, declare that this Act shall apply to such area. In such order or in a further order, the Minister may prescribe a development scheme for such area.

   (2) Where, on the date on which this Act is applied to any area of land, any demarcation and recording of rights and interests in such land and development of such land have been carried out, then, if the Minister is satisfied that such demarcation, recording and development have been carried out substantially in accordance with the principles of this Act he may, by order, declare that such demarcation, recording and development shall be deemed to have been carried out under this Act and may in such order make such transitional provisions as may be necessary to effect the completion of the allocation process and development of such land in accordance with this Act. Any Allocation Record or Demarcation Map prepared in accordance with such order shall be deemed to have been prepared under this Act.

   (3) Any order under this section shall define the situation and limits of the area to which it relates either by means of a plan or by description, or by a combination of plan and description.

   (4) If the Allocation Officer at any time considers that it is impracticable or undesirable to carry out this Act in any part of the development area because it is not yet ready or for any other reason is unsuitable, he shall refer the matter to the Minister who may by order declare that such land shall be excluded from the area declared under subsection (1).

PART II
OFFICERS AND COMMITTEE

4.   Appointment and general powers of officers

   (1) On or after the publication of an order made under section 3, there shall be appointed an Allocation Officer for the development area and such Demarcation Officers, Recording Officers and Survey Officers as may be necessary for performing the duties and exercising the powers imposed and conferred upon them by this Act.

   (2) The Allocation Officer shall, subject to the directions of the Minister, be in charge of the allocation and may issue instructions to the officers subordinate to him. The Allocation Officer may himself exercise all or any of the powers given under this Act to Demarcation Officers and Recording Officers.

   (3) The Allocation Officer shall be competent to administer oaths in any enquiry made by him and to issue summonses, notices or orders requiring the attendance of such persons or production of such documents as he may consider necessary for carrying out the allocation.

   (4) A Demarcation Officer or Survey Officer may at any reasonable time enter upon any land within the development area for the purpose of demarcating or surveying any piece therein and may summon any person who can give information regarding the boundaries of any such piece to point out the boundaries.

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