Assessment of the extent to which Lesotho's Land Act 1979 (Act #17) hadand impact on urban morphology and patterns of Land development in

Maseru and its peri-urban areas: The case of Mapeleng and Sekamaneng.

By: Khopotso Hazel Ntlaloe

A dissertation presented in partial fulfilment of the requirements for the degreeof Master of Town and Regional Planning.

University of NatalDurban

ACKNOWLEDGEMENTS

I would like to thank my supervisor, Professor Peter Robinson, through whose

guidance and advice I was able to complete this work. I would like to also

thank all the lecturers in the Town Planning Department.

A special thanks to my family and friends for their support. I would also like to

thank God Almighty, whose presence in my life has made all possible.

•

Table of Contents Page

List of tables .. ... ... ... ... ... ... ... ... ... ... ... ... ... ... .. . ... ... ... ... ... ... ixList of figures ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... . xList of maps .. ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... . xList of Aerial photos... .. . ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .... XI

Abbreviations ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... . xii

Chapter OneRESEARCH QUESTIONS AND METHODOLOGY 11.1 Introduction 11.2 Research questions 31.3 Research methodology 4

1.3.1 Study area 41.3.2 Private developers 51.3.3 Traditional leaders 71.3.4 Public officials 7

1.4 Definition of terms ... ... ... 81.5 Chapter outline............................................................... 8

Chapter TwoLAND POLICY, TENURE SYSTEMS AND URBAN DEVELOPMENTIN LESOTHO 122.1 Introduction .. 122.2 Historical patterns of urban development in Lesotho .. 122.3 Historical patterns of urban development in Maseru .. 162.4 Land policy issues .. 182.5 Land tenure systems 21

2.5.1 Freehold .. 222.5.2 Leasehold .. 222.5.3 Communal 22

2.6 Lesotho's land tenure system............................................... 232.6.1 Land allocation process ......... 25

2.7 Reasons for change in tenure system .. 262.8 Land Act 1979 and allocation process 30

2.8.1 Implementation of the Act .. 342.9 Planning issues 372.10 Conclusions ... ... ... .. 38

PageChapter ThreeANALYSIS OF FINDINGS........................................................ 403.1 Contextualisation of study areas .. 403.2 Introduction ... ... ... 453.3 Private developers 47

3.3.1 Findings in Mapeleng 483.3.2 Conclusions 563.3.3 Findings in Sekamaneng .. 603.3.4 Conclusions .. 67

3.4 Traditional leaders .. 693.4.1 Mapeleng .. 693.4.2 Sekamaneng .. 72

3.5 Public officials 733.5.1 Conclusions 90

Chapter FourDISCUSSIONS AND CONCLUSIONS 924.1 Conclusions ... ... ... ... ... ... ... ... ... 92

Bibliography 100Appendices .. 102

Appendix 1 Questionnaire for public officialsAppendix 2 Questionnaire for private developersAppendix 3 Survey resultsAppendix 4 Coding systemAppendix 5 Copy of Land Act 1979

List of Tables Page

Table 2.1 Changes in size of land holdings '" 27Table 2.2 Landlessness and land scarcity 28Table 3.1 Land ownership in Mapeleng 48Table 3.2 Place of origin 49Table 3.3 Process of land acquisition in Mapeleng 49Table 3.4 Forms of title to land in Mapeleng 52Table 3.5 Year of land acquisition 53Table 3.6 Land prices in Mapeleng 55Table 3.7 Plot sizes in Mapeleng 55Table 3.8 Land ownership in Sekamaneng 61Table 3.9 Process of land acquisition in Sekamaneng............... 61Table 3.10 Plot sizes in Sekamaneng 62Table 3.11 Forms of title to land in Sekamaneng 64Table 3.12 Year of land acquisition 65Table 3.13 Land prices in Sekamaneng 66

ix

List of Figures Page

Figure 2.1 Relationship between role players in development 19

Figure 2.2 Role players in development (communal tenure) 20

Figure 2.3 Role players in development (Leasehold) 21

List of Maps Page

Map 1. Land use map of Maseru 10

Map 2. Map of Lesotho 11

Map 3. Study areas .. , ." 42

Map 4. Selected SDA's in Maseru 33

x

List of Aerial photos

Photo 3.1 Mapeleng in the late 1980's....... 35

Photo 3.2 Sekamaneng in the late 1980's............. 44

Photo 3.3 Mapeleng in the early 1980's 59

Photo 3.4 Sekamaneng in the early 1980's.......... . 70

Photo 3.5 Study areas in the 1970's ...... ... ... 78

xi

Abbreviations

LHLDC

LSPP

MCC

SAA

SDA

Lesotho Housing and Land Development CorporationDepartment of Lands, Survey and Physical Planning

Maseru City Council

Selected Agricultural Area

Selected Development Area

xii

CHAPTER ONE

RESEARCH QUESTIONS AND METHODOLOGY

1.1 Introduction

The study aims to assess if the 1979 Land Act had any land use consequences

in Maseru and its peri-urban areas. Therefore, the objective is to find out if the

Land Act 1979 influenced patterns of land development and urban morphology.

The pattern of land development in Maseru is characterised by several factors.

Firstly, there is a high rate of private individual developers. Building agencies that

exist [such as the Lesotho Housing and Land Development Corporation

(LHLDC)] have had a limited impact. This is because land provided by these

agencies is made available through site and service schemes. These serviced

sites cost more than land that has not been serviced. Therefore, most people opt

for the cheaper option and buy the land that has not been serviced from private

individual sellers. There is also lack of efficient mechanisms put in place to assist

people in securing housing finance. People have to individually source mortgage

finance from financial institutions.

Secondly, Lesotho does not have a national housing policy. A housing policy was

formulated in 1987, but was never adopted. Lack of housing policy results in no

1

Chapter One

clear line and mechanisms to facilitate housing development. A housing policy

would help to identify and set target groups in most need of land, and then proper

and relevant mechanisms would be put in place to help the target groups access

housing. Within a housing policy, the most important aspect that would need to

be addressed is finance. Therefore, a housing policy would put in place

mechanisms to ensure that people had access to finance. Currently, people

access housing finance through financial institutions, employment based housing

schemes or informal money saving schemes. Financial institutions mainly cater

for the high to middle income groups. The low-income group relies mainly on

informal saving schemes in order to access housing finance.

Lack of a housing policy leads to less control over land development process and

hinders proper land management by the government. This has led to unplanned

settlements with sub-standard housing. Approximately 80% of Maseru's urban

settlements are unplanned (MCC planning office: 1998).

Thirdly, the local authority does not have adequate capacity (manpower and

capital) to effectively oversee proper enforcement of planning regulations and

controls. Those who ignore regulations are not penalised. Lack of capital limits

MCC's potential to bank land. This land could then later be sold to the public.

2

Chapter One

Land banking also helps the municipality to acquire appropriate land for public

development projects.

Finally, is should be noted that land development in Maseru is characterised by

low residential densities. Plot sizes are very large. Inability by government to

control land development processes (such as setting standard plot sizes) has led

to these low densities. These low densities are not desirable because residential

land in Maseru is very scarce, while population numbers continue to increase.

There is need to encourage sub-divisions (there is little vacant land within the

urban boundaries), and to also establish more planned developments, especially

in the peri-urban areas. For an illustration of the major land uses found within

Maseru urban area, (refer to map 1 page 10).

1.2 Research questions

It is within the principles of the Land Act of 1979 that this study is based. The

research problem is derived from the argument that the above objectives were

not adequately met. This has led to the Act having minimal impact on

development in Maseru's peri-urban areas. The central issue of this study is: In

what ways has the Land Act 1979 had an impact on Maseru's urban morphology

and patterns of land development? The following questions will also inform the

study:

3

Chapter One

• Has the Land Act 1979 been implemented adequately? If not, what are the

shortcomings or problems experienced?

• Have the objectives of the Act been met? If not, what obstacles were there?

• Has the existence of the Act had any impact in the development and spatial

form in Maseru?

• Has the impact on land and spatial form been positive, negative or both?

• Has the change in land tenure system (that is, change from communal to

leasehold) produced notable changes in the pattern of land development in

Maseru's peri-urban areas?

• In what way, has the spatial form of Maseru changed in the period before 1979

and period after 1979 to the present?

It is hypothesized that the Land Act of 1979 has not been able to curb rapid

urban sprawl and has not changed the pattern of urban morphology and land

development in Maseru's peri-urban areas.

1.3 Research methodology

1.3. 1 The study area:

The study areas (Mapeleng and Sekamaneng) are located north of the greater

Maseru urban area (refer to map.2). Mapeleng is in the Ha-Mabote area, within

4

Chapter One

Maseru urban boundaries and is under the administration of the Maseru City

Council. The village is a mixture of old (some residents go back to the 1940's)

and new residences. Sekamaneng has part of its area within the Maseru urban

boundaries and another portion is at the boundary's periphery in the Berea

plateau. For Sekamaneng, this means that land allocation rights are the

responsibility of the urban land committee for areas within the city boundaries,

and the Village District Council (VDC) for those 'rural' areas outside the Maseru

urban boundaries.

1.3.2 Private Developers

There was no household list for either village in order to carry out random

sampling as it had initially been proposed. The most current aerial photos of

the areas are more than ten years old making it difficult to sample through

use of geographic or aerial sampling which would have been ideal for the

areas, since they are partially rural in nature and houses are scattered

randomly. Since most of the existing households will not show on the aerial

photos, the geographic sampling method was not used.

The sampling method which Was then used in this study was systematic

sampling method in its simplest form. At the Bureau of Statistics, census

data for the study areas is in the number of people living in the area and not

5

Chapter One

the number of households. In this study, households and not individuals

were used as samples.

It is estimated that there are approximately 550 households in Mapeleng area

of Ha-Mabote with a total of 2,189 people for Mapeleng and 4,861 for the

greater Mabote area (Bureau of Statistics Census Data: 1996). Thirty sample

surveys were carried out in Mapeleng using a 1-in-18 systematic sample.

This was determined from the following formula determining the value of k in

a one-in-k systematic sample.

k~ N/n

therefore: k s 550 (estimated # of households)/ 30 (sample size)

=550/30

=18.33

k=18

Thus, a one-in-k systematic sampling become 1-in-18 systematic sampling for

use in the Mapeleng area. This means that one in every eighteenth

household was used as a sample through use of a questionnaire. The first

eighteenth house was selected and every eighteenth household thereafter

was selected as part of the sample.

Sekamaneng has a population of 662 persons (Bureau of Statistics Census

Data: 1996). Thus, it was estimated that there are roughly 160 households

6

Chapter One

within the area, where average household size is 4 persons. A 1-in-5

systematic sample was used in Sekamaneng. The first fifth house in the area

was chosen and the next fifth house thereafter. The sample was derived

from the following:

k ~160/30

k = 5.33

k= 5

1.3.3 Traditional Leaders

Traditional leaders were interviewed. The chiefs which were interviewed were

those who have jurisdiction over the study areas. The interviews were in­

depth in nature. Prompts were also used in the interview.

1.3.4 Public Officials

Questionnaires were used for public officials. The respondents were from the

Maseru City Council's (MCC) Planning Department and the Department of

Lands, Survey, and Physical Planning's (LSPP) Planning and Lands

Departments. MCC has jurisdiction over all areas within Maseru's urban

boundaries, which includes Mapeleng and part of Sekamaneng. MCC is

responsible for enforcing planning regulations within its jurisdiction. Land

development committees are also administered by the municipality. LSPP is

7

Chapter One

responsible for granting leases, planning permission and overseeing overall

land development.

1.4 Definition of terms

1. Peri-urban areas- Areas that are found about or around the urban area. In

this study, peri-urban areas are therefore, those areas that are found

immediately outside the city of Maseru's boundaries.

2. Spatial form- The spatial arrangement of the city. That is, the physical form

that the city takes.

3. Urban morphology- the systematic study of the form, shape and plan of an

urban area. This is in terms of the origin, growth and function of the urban

area (Goodall: 1987).

1.5 Chapter outline

Chapter one introduces the study. This introduction deals with specific land

development in Maseru. Thus, it attempts to present what is Maseru's spatial

form and discusses factors that have influenced land development patterns.

Research questions and methodology are also dealt with in this chapter.

8

Chapter One

In chapter two, land policy issues are discussed as well as land tenure systems.

Firstly, land tenure systems are presented with particular emphasis on the

communal tenure system and its application to Lesotho and specifically Maseru.

Secondly, the 1979 Land Act is discussed with particular emphasis on how it

introduced leasehold in Lesotho. Historical patterns of urban development in

Lesotho and Maseru are then presented.

Chapter three will deal with a brief outline contextualising the study areas. Then

research findings will be presented and analysed. In the analysis of findings,

aerial photos are also used. These show the development of Mapeleng and

Sekamaneng in the 1970's and 1980's. In some cases, the maps were rotated in

order to have the same orientation. The approximate boundaries of the areas on

the aerial photos are demarcated with a black line. It was not possible to get

maps of the same scales. Therefore, the detail varies from map to map.

In chapter four, there will be discussions and conclusions.

9

Map 1. Land use map of Maseru

JSgy

Residential [J

Planned Res.

_.._._-- -New develop. 0

~ '.VICommercial ) '\~

Industry (exist.) D '\.I0

-- IIndustry (prop.)

1 Institutional

Hospital [j]

Active open space

Passive open spa. 0Prop. Open space Ir2I

Source: Maseru Development Plan

10

o .epartmenl of Lands. Surve a •y nd Physical PI .annmg

Map 01

LESOTHO

Se,I, I ;00 oo~

\'..

CHAPTER TWO

LAND POLICY, TENURE SYSTEMS AND URBAN DEVELOPMENT INLESOTHO.

2.1 Introduction

In chapter two, the pattern of land development in Lesotho is provided from a

historical perspective. Then land development issues specific to Maseru are

discussed.

Land development and land policy issues are also addressed drawing on

international literature. The process of land acquisition will also be discussed. The

process of land development is then discussed within the context of land tenure

systems. This chapter also introduces the 1979 Land Act.

2.2 Historical patterns of urban development in Lesotho

Phororo and Letuka (1993) point out that initially in Lesotho, there were no urban

and rural areas. Traditional Basotho villages were sparsely populated. Villages

were placed on the edges of rocky hills. lVIakhanya (1979) and Sheddick (1954)

argue that the villages were placed on the hill to allow the more arable land to be

used for cultivation. This was due to the subsistence nature of the economy and

the society. Fair (1981) attributes this placing to the need to settle in out of the

way areas to make it difficult for enemies to attack. All these reasons are sound

and the placing was probably due to both aspects.

Chapter Two

There were two types of settlement patterns. These were the cluster and circular

settlement patterns (Sheddick: 1954). The cluster settlement consisted of

households on the hillside. Circular pattern of settlement was found mainly in the

low lands. In this type of settlement pattern, households made a circle around

open space. Usually this space was used as a meeting place for men to discuss

community issues. Sheddick (1954) argues that the circular settlement pattern is

of older communities when land was abundant.

Migration was a major force that influenced urban development in Lesotho.

Population movement in Lesotho was mainly focused toward the urban areas or

'government reserves' as they were often referred to. These urban areas housed

government administration offices and had concentration of infrastructure and

services. Internal migration originated mainly from the central and southern

lowlands of the country as well as the highland areas. This migration was usually

of a permanent nature. Sembatje and Makatsjane (1992) and Wellings (1983)

assert that migration at times was used as 'spring-board' to launch migrants into

South Africa.

The opening of the first diamond mines in South Africa in 1868 produced an

exodus of male workers from Lesotho to South Africa. Labour migration of

Basotho has been more intense in comparison to Lesotho's regional neighbours

13

Chapter Two

such as Botswana, Swaziland and Zimbabwe. Ambrogetti (1995) argues that

'turning of farmers into miners' was necessary for levy of taxes and diminishing

quantity of land allocated to individual. Also as Thabane and Guy (1984) point

out, South African mines relied on cheap labour, which was in plentiful supply in

Lesotho.

The migrant labour system is circular in nature. Thus, Basotho migrants went to

South Africa for work and ultimately returned home. They came to Maseru and

while there, they held down odd jobs to acquire money to live on while waiting to

be recruited (Thabane and Guy: 1984). According to Sembatje and Makatsjane

(1992), migrant labour from Lesotho reached its peak in 1977. Since then, there

has been a decline due to decrease in the price of gold (Sixth National

Development Plan: 1997 and EIU report: 1997). The price of gold affects

Basotho migrants because most are employed in the gold mines. Sembatje and

Makatsjane (1992: 128) also attribute the decline in employment due to

"... unemployment in South Africa, technological developments, capitalization of

product sector which all necessitate a reduction in the demand for foreign labour

in South Africa".

Lesotho's urban areas have had to increasingly absorb not only the retrenched,

but also the unemployed from surrounding and highland areas. Migration

(especially internal) has increasingly included that of women. This is because the

14

Chapter Two

migrant labour system left a legacy of female-headed households especially in

the rural areas.

The woman's role in decision making thus increased. This decision making

included aspects that pertain to land. In Lesotho, women are indirectly excluded

from owning land (Keith: 1994). This is because women can not, in law register

land in their own names. In the Deeds Registry Act 1967, it is argued that a

woman married in community of property and those women whose affairs are

governed by customary law are excluded from matters pertaining to land. Franklin

(1995) asserts that the 1979 Land Act might change the position of women in

land related matters. This has not happened. This is because the Deeds Registry

Act has not been amended in line with the Act.

Women often had to hire out their land because they could not cultivate it

themselves, or lacked resources. If the land was left fallow for more than two

years, it could be taken away and re-allocated. It is often argued that women in

Lesotho depend on migrant remittances for their livelihood. There has been some

studies carried out that show that this is not the case. It has always been

assumed that most rural women depend on migrant remittances because most

Basotho male are employed in the South African mines. Another reason is that

remittances have always accounted for a very large percentage of Lesotho's

GNP.

15

Chapter Two

Katona (1993) undertook a study that showed that Basotho women do not

necessarily depend on migrant remittances. Katona (1993) found out that few

women depend on migrant remittances for income.

Katona's study sample did not receive any kind of migrant remittance. The above

issues as well as persistent crop failure (there has been problems of low rainfall

and drought) have led to female migration to the urban areas, especially Maseru.

As Bardill and Cobbe (1985) point out, with the inability of South Africa and

domestic agriculture to absorb growth, increasingly people moved to and settled

in the urban areas.

2.3 Patterns of urban development in Maseru's peri-urban areas

In 1869, Maseru was established as the administrative capital of Lesotho. In the

1870's, there was already a lot of commercial activity going on in the town. As

Ambrose (1993) points out, Maseru also functioned as a market town. People

from the surrounding rural areas daily sold their goods in Maseru. As early as

1872, Maseru already had a postal service, a hospital and two general stores. In

1880, the first town plan was drawn up (Ambrose: 1993), it showed the existing

town as well as 'proposed future formation' of the town. The plan used gridiron

layout for the town. The plan was also used for recording allocation of sites.

In the early part of the twentieth century, Maseru began to experience both

spatial and population growth. An industrial school was built, as well as a

government dispensary. Extensions were made to the hospital, several churches

16

Chapter Two

and an English-medium school were built (Ambrose: 1993). In spite of the

population growth, it was still contained within the town's boundaries in the early

1960's. According to Ambrose (1993), the only paved roads were within the city

centre and no industrial development had yet occurred.

At independence in 1966, the urban areas had less than five percent of Lesotho's

population, with half of the urban population in Maseru (Bardill and Cobbe: 1985).

According to Wellings (1983), settlement occurred on the peri-urban areas within

Maseru because these were the only areas closest to Maseru town. The

government did not have adequate resources (or much desire due to failure to

recognise the nature and extend of the problem, as Wellings points out) to

administer the rapid expansion of population.

Wellings (1983) fails to point out that before 1980, when Maseru's boundaries

were extended, peri-urban areas fell outside the jurisdiction of Maseru and the

town council. There had never been much planning or development control

exercised in Maseru let alone areas outside the town council's jurisdiction.

Therefore, much of precious agricultural land was encroached on. These

unplanned areas have no infrastructures and services. They were mainly

scattered all over and as the areas filled up, the footpaths and field boundaries

influenced the patterns of layout.

17

Chapter Two

A few areas have been planned in Maseru. These include areas such as Ha

Thetsane. Housing in Maseru mainly consists of single detached housing,

resulting in low densities. The residential areas mainly do not cater for a specific

class. Therefore, there are diverse developments within a residential area. A low

income individual lives in the same residential area as a higher income individual.

Site and service housing scheme such as the one in Khubetsoana have led to

specific class groups being located within the same area.

2.4 Land policy issues

Land development process entails efforts on land (directly or indirectly) by the

landowner or developer, the builder, the financier and the public sector. The

landowner initiates development on the land. The builder constructs the house,

the financier provides funding to ensure that the house is built, while the public

sector's job is to regulate development on that land and to provide necessary

services and infrastructures. The relationship between the role-players in land

development can further be illustrated in figure 2.1 :

18

Chapter Two

Figure 2.1 Relationship between role-players in development

Land ownerPre development

owner of land

DeveloperAssembles sites,organises finance

tE-------3>t and marketin

ClientEventual ownerlrenter

of completeddevelo ment

Public SectorRegulates development

and providesinfrastructure

BuilderCarries out construction

work

FinancierProvides funding for

the development

Source: KNell (1993:125) Land and the city

Kivell (1993) argues that the above process of land development occurs in

market governed land development. Thus, it is not characteristic of all countries.

For example, under a communal tenure system land is not sold on the market

and figure 2.1 would not apply.

Once land has been acquired, it then has to be registered. Ownership of

immovable property passes only on registration of property in the name of the

buyer in the Deeds Registry. Registration of property in the Deeds Registry helps

to ensure that the government has control on land holdings. It makes it easier to

know the amount of land under development, thus making it easier to control

such land.

19

Chapter Two

In Lesotho, role-players involved in land development processes were the client,

community and traditional leaders under the communal system. The community

acted as the builder (helped the developer in the construction of the house), while

the traditional leaders held the land in trust for the Basotho nation.

Indigenous material was used for construction of the house and did not need to

be bought. Houses were built of mud 'bricks' with thatched roofs. The

relationship between role players in development took the following form as

illustrated in figure 2.2.

Figure 2.2 Role players in development (under Lesotho's communal tenure)

Traditional LeaderAllocates land

ClientThe allottee < )

CommunityHelps in

construction of thehouse

The post-1979 land development process is different from the above. It involves

the landowner, the client, the financier, advisor, the builder, and the public sector.

The process can further be illustrated by figure 2.3.

20

Chapter Two

Figure 2.3 Role players in development (under leasehold)

LandownerState or individual

Client

Public SectorAllottee or buyer of

~ FinancierlandRegulates Financial institutions/ formal

development/provides

/ ~,and informal savings

infrastructure schemes

Advisor BuilderSurveyors and architects Formal and informal

(if the development is constructionformally planned) companies

The process outlined in Figure 2.3 is very similar to the one suggested by Kivell

(1993) in Figure 2.1. The only difference is that land developers are not part of

the process.

2.5 Land tenure systems

Several land tenure systems exist internationally. Kivell argues that "... Iand

tenure involves complicated collection of rights to own, occupy, use or improve

space and to lease or sell or pass it on to one's heirs". Land tenure systems to be

considered in this study are freehold, leasehold and communal tenure systems.

Land tenure systems are considered in this study because land tenure systems

21

Chapter Two

changed from communal to leasehold. Therefore, there will be differences in how

land development is carried out as it has been illustrated in Figures 2.2 and 2.3.

Change in tenure system will evidently affect land development processes and

the ultimate spatial form of the city.

2.5.1 Freehold

According to Torres (1994), freehold involves individual title to land. In this

system, land can be bought and disposed of at will. Freehold system has been

criticised for allowing land speculation to occur. Also, there are problems of land

being disposed of at high prices, making it difficult for the poor to acquire land.

2.5.2 Leasehold

In leasehold, an individual has a right to occupy land through possession of a

lease. The period of a lease grant differs from one country to another and on the

intended use of the land. Bruce (1987:5) argues that leasehold system

"... involves nationalization without radical redistribution or collectivization

objectives, simply to assert a public interest in the land to control its allocation to

individuals under leases or similar title, such as certificate of occupancy". In

Lesotho, provisions for leasehold were made in the 1979 Land Act.

2.5.3 Communal tenure system

In Africa, the communal tenure system is regarded as customary or traditional.

This is because the communal tenure system was the most common tenure

22

Chapter Two

system in Africa (Franklin: 1995). Christodoulou (1990) points out that the

communal tenure system mainly occurred in Sub-Saharan Africa, which includes

Lesotho. Writers such as Makhanya (1979), Matlosa (1991) and Poulter (1976)

argue that in customary land tenure system, ownership of land is vested in the

community.

2.6 Lesotho's land tenure system

Lesotho is a small (30,355 sq. km.) land locked country in Southern Africa.

Lesotho has ten administrative districts, namely: Maseru, Berea, Leribe, Butha­

Buthe, Mokhotlong, Thaba-Tseka, Qacha's Nek, Quthing, Mohale's Hoek and

Mafeteng (refer to Map 2, page 11). The country has rough topography with

approximately two-thirds of the area being mountainous (Fair: 1990) and

currently, only 9% of the land is arable (Sixth National Development Plan: 1997).

The lowland regions are highly populated and most of the towns including

Maseru are within this region.

From 1858 to 1868, Lesotho (then Basotuland) was at war with the Boers, who

later won a large piece of Basotho land. Due to further threat from the Boers,

Basotuland's king Moshoeshoe sought help from the British. Basotuland then

became a British Protectorate in 1868. It was a British High Commission territory

from 1884 to 1959. Basotuland later gained its independence in October of 1966.

23

Chapter Two

Lesotho's system of state is a parliamentary monarchy. Therefore, apart from the

government, there also exists the king and a hierarchy of chiefs. These chiefs act

as administrators at the village level. The land is vested in the King, the chiefs in

turn allocate the land to people. Ambrogetti (1995:1) points out that "The

fundamental principle of the relationship between the population and the land is

that 'the land belongs to the nation'. The right to all land is communal ... ".

According to Franklin (1995), the communal tenure system has five characteristic

features:

• Land is for the whole community and does not belong to anyone individual.

• Chiefs on the behalf of the community hold land in trust.

• Land is allocated for use of the allottee and his family, subject to continued

use of the land and political allegiance. Torres (1994) points out that the

allottee was always the head of the household or male.

• Land can not be sold, bought, transferred or exchanged.

• Only members of the community have the right to be allocated land within the

community

Traditionally, land was granted for subsistence of the family group (Makhanya:

1979). Land allocated included a residential site. Three pieces of land were

allocated to each individual. According to Williams (1972), one piece of land was

for cultivation of maize, another for cultivation of wheat and the third was for

cultivation of sorghum. An individual was allocated land in different locations to

24

Chapter Two

distribute fair allocation of good and inferior land (Fair: 1981). This led to

fragmentation of land. Makhanya (1979) argues that, the way in which land could

be used was determined by the land tenure system. That is, there was no

security of tenure and individual ownership of land.

A person could not dispose of land at will. For instance, Makhanya (1979: 31)

points out that, the traditional leaders would discourage planting of trees on

arable land without prior consent.

2.6.1 Land allocation process

The following was a prerequisite for eligibility to land:

• The person had to be a bona fide Mosotho

• Male and married

• The person had to acknowledge the supreme power of the king

• The person had to be a subject of one of the principle or ward chiefs and had

to be accepted by the chief as his loyal subject

• The person had to agree to perform and observe social obligations as

expected of him by the community

Source: Land tenure working paper (LSPP)

A person had to fit the above criteria to be eligible for land. The rights given on

arable land could be for life or for a limited period. The Land (Procedure) Act

1967 and the Deeds Registry Act provided mechanisms where land could be

registered. A person was provided with a 'Form C' which provided certificate of

25

Chapter Two

ownership for the allottee. The chief could take away land if he felt that the land

was not being used properly or if it was left fallow for more than two years. If land

was revoked, it was then re-allocated to someone else. Grounds for revocation

are; overgrazing, refusal or inability to fight soil erosion (Bruce: 1984). This

resulted in insecurity of tenure within the communal tenure system.

A revocation is a process whereby land is taken away from an allottee. The land

thus reverts to the state. This land can then be re-allocated to some one else.

2.7 Reasons for change in Lesotho's land tenure system

Lesotho's communal tenure system had been blamed for the country's poor

agricultural outputs and lack of development as early as the 1960s. According to

the Department of Lands, Surveys and Physical Planning (LSPP) report (1984),

foreign donors put pressure on Lesotho to change its land tenure system from

communal to leasehold. The East African Royal Commission (EARC) also had

interest in Africa's communal tenure system (Franklin: 1995). The EARC

encouraged 'prioritization of land over land needs' and individualization of land

holdings.

Several reasons were put forth which argued for necessity to change the tenure

system. It was often argued that the tenure system needed to be changed to

adjust to the changing economic environment (Makhanya: 1979). It was asserted

that change from communal to leasehold would help commercialise land

26

Chapter Two

because it would enable selling and buying of land. It would also provide security

of tenure and incentive for farmers to invest in the land and in turn produce higher

yields through use of fertilisers.

Other reasons cited were lack of expertise of traditional leaders to administer land

(Tsepe: 1984), need to secure control over land by government, in order to be

able to provide infrastructure. Matlosa (1991) asserts that population pressure

led to inadequacies in the old tenure system due to diminishing amounts of

arable land.

The following table illustrates how there has been a steady decrease in

availability of arable land in Lesotho.

Table 2.1 Changes in size of land holdings

Average holding size

Population

1986

1.4 ha

1,577,000

1990

0.9 Ha

1,770,000

% Change

-35,7

+12,2

Source: Ambrogetti (1995:2) Communal systems of land tenure and fair access to the land: the

case ofLesotho (modified).

27

Chapter Two

Table 2.2 Landlessness and Land scarcity

Holding Size (ha) % of Household % Points of change

1950 1970 1986 1990 1950-1970

Nil 7.2 13 20 27 +5.8

0-1.62 33.1 43 +9.9

1.63-3.23 36.9 30 -6.9

>3.24 22.8 14 -8.8

Source: Ambrogetti (1995:2) Communal systems of land tenure and fair access to the land: the

case ofLesotho (modified).

From the two tables above, it is clear that land holdings have decreased over the

years. This has mainly been due to increased population pressure and soil

erosion. The size of land holdings has also decreased from 1.4 ha to 0.9 ha from

1986 to 1990 respectively. Pre-1979, there was no clear system as to the exact

size and standard used in land allocation in terms of determining the size of

fields. In Table 2.1, the land allocation sizes are for arable land used in

cultivation. Residential land holdings also changed over time. In the Land Tenure

Working paper, it is pointed out that in terms of size of plots, grants to land after

1979 are usually 1,000m 2 or less.

After Lesotho's independence in 1966, attempts were made to try to modify the

communal land tenure system. Two land laws were passed in 1967. These were

the Land (Procedure) Act of 1967 and the Deeds Registry Act of 1967. It should

28

Chapter Two

be noted that the legislation mentioned above did not aim at land reform. The

Land (Procedure) Act 1967 introduced documents for allocation of land (referred

to as 'Form C') while the Deeds Registry Act 1967 provided for registration of all

land in both urban and rural areas.

In 1973, two other land laws were proposed. These were the Land Administration

Act of 1973 and Land Act of 1973. The Land Administration Act 1973 introduced

leaseholds and land committees who would have land allocation powers.

Therefore, land allocation rights would be taken away from chiefs, who

traditionally had these rights. As expected, the Act was highly opposed by

traditional leaders and was never implemented. Land allocation process is a

source of power for traditional leaders. For example, loyalty to a chief was

sometimes used as a measure to determine eligibility for being allocated a piece

of land.

The Act had also proposed that Maseru's boundaries be extended to include the

peri-urban areas. The Land Administration Act of 1973 was not passed.

Therefore, the peri-urban areas continued to occur spontaneously and without

being formally planned. These areas continued to grow and function without

basic services and infrastructures.

The Land Act of 1973 was implemented. This Act introduced development

committees. These committees were to work with traditional leaders in granting or

29

Chapter Two

revoking of land. This Act did not provide any land reform, since it retained all the

principles of the communal tenure system. The 1973 Land Act continued to

operate until 1980 when the 1979 Land Act began to operate.

The following are the main features and objectives of the 1979 Land Act:

• Granting of title to land, through leasehold

• Conversion of title to land

• Declaration of Selected Agricultural Areas (SAA's) and Selected Development

Areas (SDA's) and title to land therein

• Setting aside of land for public purposes

• The establishment of a Land Tribunal

• Granting of public servitude.

Source: Land Act 1979 (p.193)

2.8 Land Act 1979 and allocation process

The objectives of the Act have already been outlined above. The Act introduced

title to land under three categories. These being under allocation, lease or

license. Allocations only exist in rural areas. Under this category, land

development committees make allocations with the chief as ex officio member.

Under this system, the certificate of allocation issued is referred to as a 'Form

C2'.

30

Chapter Two

The lease and license are the two tenures that exist in urban areas. Land used

for residential purposes was automatically converted into leasehold titles.

Application for title to new land has to be lodged to urban land committee within

six months of allocation. This committee is composed of the principal chief of

jurisdiction as the chairman, the district co-ordinator or Town Clerk, the

Commissioner of Lands and three other members appointed by the Minister of

Home Affairs. Land under leasehold can be bought, sold, sub-let, mortgaged and

inherited. For a surviving spouse, a certificate of occupancy is issued not

withstanding the reversion of lease interest to the state (Land Regulations 1980).

Licenses are issued for all agricultural land within urban areas. In rural area,

agricultural leases are issued and are not automatic. Licenses are not inheritable

(Bruce: 1984). Any changes made on the land have to be changes expressed in

the license itself. The license can not be disposed of or mortgaged. Even

compensation can not be claimed for land, only improvements made on the land.

The 1979 Land Act made provisions for Selected Development Areas (SDA's)

and Selected Agricultural Areas (SAA's). SDA's include development or

reconstruction of existing build-up area, construction or development of a new

residential, commercial or industrial area, as well as readjustment of boundaries

for town planning purposes (Bruce: 1984). Compensation is provided for the land.

31

Chapter Two

An SDA also provides mechanisms through which implementation of modern

land tenure controls on a large scale can be exercised (Ntsane: 1987). SDA's are

to have modern infrastructures and services, thus, encouraging development

within these areas. In an SDA's rights over land are taken over by a public

authority which then controls the land.

Several SDA's have been declared in Maseru (see map. 3, page 33). These

include areas such as: Ha Thamae, Ha Matala, Ha Mabote (which includes

Mapeleng), Ha Thetsane and Khubetsoana. At Ha-Thamae, the aim was to

facilitate upgrading of the area to provide infrastructure and services. It has

already been mentioned that Mapeleng became an SDA when Maseru's town

boundaries were extended. At Khubetsoana, a site and service scheme was

implemented. In Ha Thetsane, it was to protect agricultural land that was being

encroached on and to facilitate planned development in the area.

Selected Agricultural Areas are those areas set aside for development with

modern farming techniques.

The Act also makes provisions for the government to acquire land for public

purposes. This includes public infrastructures, services, facilities, as well as land

and water conservation (Bruce: 1984).

32

gy ,l\ Ha-Thamae U

I Ha-Thetsane 0I

Ha-Matala

Mapeleng

;1"" Khubetsoana C3\' ,'= \/ .,,'

• Pol'

! '

Key

"Ha-Thamae U

Ha-Thetsane DHa-Matala

Map 4. Selected SOA's in Maseru

33

ChapterTwQ

To acquire land for public purposes, the Minister consults the principal chief of the

area before declaring to set aside the land for public purposes. A notice is then

sent to the landowner that is to vacate the land within six months of receiving the

notice. If the landowner wants to be compensated for the land, a claim has to be

lodged and any dispute for compensation is taken before the Land Tribunal.

Land acquired for public purposes before 1979 was not compensated. Major land

uses include the national abattoir at Ha Foso and the Maqalika dam at Ha

Mabote. Photo 3.1 shows part of Maqalika dam.

The Land Tribunal to be established under the Act should consist of three

members. A chair and two assessors appointed by the minister. The chair has to

be a judge of high court or resident magistrate. One member of the tribunal has

to have a degree in law or economics. The tribunal hears all disputes that relate

to land.

2.8.1 Implementation of the Act nationally

The Act had to be publicised before it could be implemented. The public was

introduced to the Act through holding of public hearings. Land Committees then

had to be formed in each village. These Land Committees consisted of seven

members, with four members elected by the people living within that village and

the minister appointed three.

34

Photo 3.1Mapeleng in the late 1980,s

Source: Department of Lands, Survey and Physical Planning

35

Taken: 29/4/88Scale: 1:11,000

Chapter Two

Ntsane (1987) argues that in spite of the process discussed above, the Act was

not publicised adequately. This then resulted in confusion that surrounds the Act.

As Tsepe (1984) found out in his study, many people did not attend these public

hearings. In other cases, the chiefs of the areas did not attend the meetings, but

sent representatives instead. This creates problems because the chief is to

become the ex officio member of the Land Committees that are formed, and will

have to be able to administer matters that pertain to land as per the 1979 Land

Act.

The government was also responsible for inadequate implementation of the Act.

LSPP, which administers the Act, was short of manpower. The implementation

agency also lacked funds to ensure that all relevant bodies had the copy of the

Act (Tsepe: 1984), therefore, some of government officials are confused when it

comes to dealings that pertain to the Act. Franklin (1995) also argues that there

are many land granting authorities (the villages have their own land committees

and all have to be co-ordinated by LSPP) making it difficult for the central

government to control these authorities in their actions.

There are many problems that surround implementation of the Act. Chiefs

continued to illegally allocate land and used backdated allocation certificates after

1979 (Ntsane: 1987). This creates increased encroachment on agricultural land

and urban sprawl. Mosaase (1984) argues that illegal allocation also creates

36

Chapter Two

problems in the conversion of title of land, in most cases. Title to land proves to

be defective in one way or another. The procedures to be used to penalise those

who ignore the Act are not fully understood.

2.9 Planning issues

The Cape Colony took responsibility of Basotuland from 1871 to 1884. This

period was referred to as "Government by Proxy" (Machobane: 1990).

Basotuland was to be ruled directly from the resident magistrates in districts that

were created. These magistrates were responsible to the governor's agent based

in Maseru and through him to the governor in Cape Town (Bardill and Cobbe:

1985). Law making powers were vested in the governor. These regulations

challenged the powers of the chiefs since land allocation powers were transferred

to the Cape administration. As Machobane (1990) points out, the Cape wanted to

destroy the chieftaincy. There was opposition from chiefs, which led to a rebellion

in 1879.

Under colonial rule (Basotuland as High Commission territory), there existed what

Machobane (1990) refers to as 'parallel rule'. Administration for Basotho was

through chiefs while for the colonial settlers, there existed a Resident

Commissioner with assistant commissioners. Each assistant commissioner was

responsible for a district, and within which there were government reserves.

Therefore, within these reserves, land allocation was the responsibility of

assistant commissioners assisted by the principal chief of the area.

37

Chapter Two

In rural areas, chiefs allocated sites. Machobane (1990) argues that the Principal

chiefs and the Resident Commissioner governed as virtual equals. While Bardill

and Cobbe (1985) argue that within this system, the British intervened regularly to

reorganise the chieftainship to promote colonial objectives.

After independence, the Department of Lands, Survey and Physical Planning

(LSPP) initially administered planning. The department is located within the

Ministry of Local Government. The Commissioner of Lands is found within LSPP.

Thus, the issuing of title to land is within LSPP. In 1984, Maseru City Council

(MCC) was established. It is a local authority with jurisdiction within boundaries of

Maseru's urban area. LSPP delegated planning functions to MCC in July 1994. It

is argued that delegating these functions to a municipality would move services

closer to the people (Franklin: 1995). MCC has a physical planning department

with full responsibility for designing plans for Maseru. The fragmentation of

planning institutions creates confusion that surrounds planning issues in Maseru.

2.10 Conclusions

The historical pattern of urban development in Lesotho and Maseru has been

discussed. It has been shown that migration into Maseru played a big role in

influencing growth. Administration of land has been shown to differ under the

different rule within which the country has undergone since the 1800's.

38

ChapterTwD

In terms of land policy and methods within which land development occurs, it has

been shown that the land development process under communal tenure system

and under leasehold differed. This was shown through the different role players

that exist within the different systems and their relationship in land development

processes. It has also been discussed as to why there was a change in the land

tenure system from communal to leasehold, leading to formulation of the Land

Act 1979.

In the next chapter, processes of land development and land allocation will be

evaluated using two case study areas, namely Mapeleng and Sekamaneng.

39

CHAPTER THREE

ANALYSIS OF FINDINGS

3.1 The study area

The study assesses the pattern of land development and urban morphology in

Maseru. Maseru is Lesotho's capital. The town was established in 1869 as

police camp and administrative centre. Therefore, Maseru, unlike other

centres in Lesotho has concentration of services and facilities.

Maseru has always been regarded as the place where job opportunities are in

abundance. The government as the main employer dominates the formal

sector of the economy in Maseru. There exists a very small private sector

employment in the formal sector. Thus, formal employment is very limited

with the majority of the population absorbed by the informal sector of the

economy.

Increase in in-migration into the town and as development took place in the

town, centrally located areas were quickly filled up. This left the peri-urban

locations as the next suitable areas for residential development. These peri­

urban areas were mainly rural in nature. Most of the land within these areas

was used for agriculture, with a few sports of residential sites in the area.

Pressure for residential led to encroachment of agricultural land in these peri­

urban areas.

40

Chapter Three

With passing of the Land Act 1979 and the Town and Country Planning Act of

1980, the government increased its capacity to influence land development

within Maseru. This led to several areas within Maseru being declared SDA's

to help facilitate proper land use and management within the town (SDA's will

be discussed further later in the chapter).

Mapeleng and Sekamaneng are used as case study areas (see Map 3, page

42). Mapeleng was one of the areas declared an SDA in the 1980's. This

area was declared an SDA for town planning purposes. The boundary of

Maseru urban area was expanded to include the area of Ha-Mabote, which

includes Mapeleng. Also, some of the fields were bought from farmers, the

land was then surveyed and re-sold to the public with proper infrastructures

put in place (such as roads). Mapeleng is locate Northeast of Maseru's CBD.

The area is very old even though it was not possible to establish when it had

been founded. ~

According to the latest census statistics, the area of Mapeleng has

approximately 2,189 inhabitants. The area is densely populated, this is

because the land acquired by government was re-sold with smaller plot sizes,

leading to densification.

41

::."1••• _,.- ..

. '\'.' "r ' .•" 1-:

Map 3. Study areas

42

Sekamaneng

Mapeleng

\ :I

II

,:,.

, .\.-

: ,1 ..

.,1', ---

\."

Map 3. Study areas

42

Chapter Three

The other area is Sekamaneng. Sekamaneng is located east of Mapeleng.

Sekamaneng has part of its area within Maseru urban boundaries and a

greater part of the area is located outside the boundaries. This makes the

area interesting because it is partly administered by the local municipality

(MCC) and by the District Council. Therefore, in terms of land allocation

procedures, the part that is included in the urban boundary is the

responsibility of urban land committees. The area outside the boundary is

considered rural land and is administered by the Village Development

Council.

Sekamaneng still has a lot of undeveloped land. There are many fields in the

area, even though most are left fallow. Some of the fields have already been

bought by individuals for residential sites and are awaiting development (refer

to aerial photo 3.1).

43

Photo 3.2Sekamaneng in the late 1980's

Source: Department of Lands, Survey and Physical Planning

44

Taken: 7/7/88Scale: 1: 11 ,000

Chapter Three

ANALVSIS OF FINDINGS

3.2 Introduction

In the study, several primary sources were used. The different sources were

classified into three categories. These three categories are made of: private

developers, Traditional Leaders located in the study areas and public officials.

Three classifications were made for several reasons. Firstly, it was necessary

to widen the scope of respondents in order to get opinions and information

from a diverse group of people. Secondly, these people in one way or another

influence land development processes.

Private developers form part of the study. It is necessary to find out how these

people influence land development processes. It should become clear as to

how people acquire land and how land is used in both Mapeleng and

Sekamaneng. It is also necessary to find out if people know about the 1979

Land Act, since it influences their initiatives. It should also be noted that in

Lesotho, the development of land is mainly the responsibility of private land

developers. The government and financial institutions only support these

initiatives.

Interviews with Traditional Leaders will help to provide information on how the

1979 Land Act was implemented in their areas of jurisdiction. In addition,

information will be provided on what the chiefs perceive as the Act's impact on

45

Chapter Three

land development processes. Other important aspects are the present duties

of traditional leaders, especially those duties that relate to land issues.

Public officials who participate in the study, consisted of officials within

Maseru City Council's planning department and the Department of Lands,

Survey and Physical Planning, Lands and Planning Divisions. The two (that is,

MCC and LSPP) were chosen because they are the major government

institutions in Maseru which deal with and intervene in land development

processes. LSPP's mandate is to 'develop human settlements and other land

related services' (Sixth National Development Plan: 1997). Thus, LSPP is

responsible for management of land within Maseru.

The Department of Housing and the former Urban Development Services

were brought under the umbrella of LSPP in 1995. Therefore, direct estate

development and purchasing of land is carried out through the Lesotho

Housing and Land Development Corporation (LHLDC). Through LHLDC,

serviced sites are provided as well as upgrading of 'informal' settlements (that

is, those settlements that have been spontaneous and unplanned.)

Maseru City Council through 'land-banking' is able to acquire land, have the

land surveyed and plots demarcated to be re-sold to the public with services

46

Chapter Three

in place. Land banking by MCC has been very restricted due to limited funds.

MCC is also responsible for issuing of building permits and planning

permission. Most developers do not apply for building permits or planning

permission because it results in delays (MCC planning office). This is because

it takes a very long time to have a building permit or planning permission

processed.

MCC and LSPP are the main government bodies that oversee land

development processes in Maseru. Therefore, It is necessary to include public

officials from these government bodies as part of the study. Information from

public officials in these agencies should be able to shed light on patterns of

development in Maseru. In addition, information on how and why government

intervenes in such processes will be provided. These public officials should

also be able to provide an evaluation of the implementation of the 1979 Land

Act thus far.

3.3 Private developers

In both Mapeleng and Sekamaneng, questionnaires were used to gather data

from private developers. First, results and analysis of data gathered in

Mapeleng will be presented. Then findings that pertain to Sekamaneng will

follow.

47

Chapter Three

3.3. 1 Findings in Mapeleng

This is an evaluation of findings found in Mapeleng. In the area, most people

live on their land instead of leasing or sub-leasing the land. Where rental

stock existed, it was found in minimal quantities. Only 16.67 % of respondents

were in rental accommodation. Table 3.1 can further illustrate this.

Table 3.1 Land ownership in Mapeleng

Do you own the land? Percentage

Yes 25 83.33

No 5 16.67

Source: Field survey: 1998

Table 3.1 shows that most people own the land they live on. People were

informally asked if they would sell their land if an opportunity arose. The

majority would not since the land they live on is the only land they own. When

asked if they own any arable land elsewhere, 3 respondents or 12% claimed

they did. Respondents who have arable land acquired it through an allocation.

This is a very small group of more elderly residents. Some pointed out that

they used to, but the land was given to their children and converted into

residential use. The remaining 88% argued that they did not have any arable

land, even in their places of origin.

48

Chapter Three

Table 3.2 Place of origin

Place of Origin

Maseru Berea Leribe ButhaButhe Mokhotlong ThabaTseka Qacha'snek Quthing Mohale'shoek Mafeteng

15 o 2 o o o o o 3

Source: Field survey: 1998

Table 3.2 shows more than half of respondents originating from the Maseru

district. Most respondents were already leaving in and renting accommodation

in Maseru before acquiring land in Mapeleng. It is clear that there is

substantial in-migration into Maseru, since most people were from outside the

district and had been renting.

The following table shows the ways in which people of Mapeleng acquired

their land.

Table 3.3 Process of land acquisition

Way land was acquired

Allocated by chief

Inherited from parents

Bought from individual

Source: Field survey: 1998

Number of respondents

7

8

10

49

Percentage (%)

28

32

40

Chapter three

Forty percent of respondents from Mapeleng bought land from an individual.

The 1979 Land Act provided rights for a lessee to 'dispose of his interests'

(Sect. 35), even though the disposal was to be made subject to consent of the

Minister. This seems to have led to some people selling their arable land for

residential purposes. In fact, public officials from MCC and LSPP identified

selling of arable land for residential purposes as the major impact that the

1979 Land Act has had on land development processes.

This impact can be assessed as negative for several reasons. Firstly, it has

led to emergence of unplanned and spontaneous settlements in and around

Maseru's urban boundaries. These unplanned settlements mainly lack basic

services and infrastructures. Secondly, people sold their arable land to be

used for residential purposes. People sold the land because due factors such

as drought, the land provided low yields. This also provided people with the

opportunity to make money.

It has already been mentioned that in Lesotho, approximately 9% of the land

is arable (see 2.6). Therefore, if this land is increasingly encroached on and

used for residential purposes, it leads to less land available for cultivation.

This results in lower yields and poverty (since most people cultivate for

subsistence). Thirdly, the 1979 Land Act took away land allocation powers

from chiefs, this has led to chiefs illegally allocating land (that is, they

50

Chapter Three

allocated land outside the Urban Land Committees) and this has led to

unplanned developments within Maseru.

It can be argued that some people have been allocated land illegally for

several reasons. The majority of people still posses 'Form C's' which were to

be phased out and replaced with leases. When the 1979 Land Act started to

operate in 1980, all residential land was to be converted to leasehold title.

The Commissioner of Lands (supposedly) sent out notices to people informing

them of the need to apply for conversion of documentation of title to land. If a

person did not apply within three months of receiving the notice, the person

lost title to that land. If a person did not apply for conversion of title, it means

either that the land was allocated illegally or as people claim, the notices were

not sent out. People maintain that they have not heard of the Land Act of

1979.

Table 3.4 shows proportion of people who possess a 'Form C' and those who

have leases. It also illustrates the percentage of people who do not possess

either a lease or a form C.

51

Chapter Three

Table 3.4 Forms of title to land

Form of documentation

Form C

Lease

None

Source: Field survey (1998)

Number of people

10

3

12

Percentage

40

12

48

There is a high percentage of people who still possess Form C's (40%). This

can be attributed to illegal allocations or ignorance of the 1979 Land Act. If

people are do not know about the Act, they will not apply for conversion of

their titles to land. In addition, LSPP is sometimes able to detect when a

Form C has been backdated; thus, this will discourage those who acquired

their land illegally.

Sometimes, people do not apply for leases because the process is lengthy

and can lead to delays when one wants to develop land. It takes

approximately two months to a year to process a lease (Sixth National

Development Plan: 1997). People only apply for leases to secure financing

from the commercial banks.

Those who do not possess a lease or a Form C own land acquired through an

allocation by a chief before 1967. The Land (Procedure) Act of 1967 is the

52

Chapter Three

Act that introduced a 'certificate of allocation' referred to as Form C. For

those who do not have a lease or Form C, the chief can verify ownership.

The Land (Procedure) Act 1967 required written application for land (Phororo

and Letuka: 1993).

Findings illustrated in Table 3.4 helps to question the implementation of the

Land Act 1979. It is obvious that it was not implemented adequately since the

majority of residents from Mapeleng were still in possession of Form C's

nineteen years after the Act was passed. It was shows that there is lack of

commitment from the government to ensure that the objectives of the Act are

realised.

Discussions on the implementation of the Act and evaluation of this will further

be presented in section 3.5. Table 3.5 shows the years when respondents of

Mapeleng acquired their land. This will help to show why the majority of

residents do not possess a lease or a Form C.

Table 3.5 Year of land acquisition

Year land acquiredBefore, to 1950's

1960's1970's1980's1990's

Lived here all my life

TotalSource: Field survey (1998)

Number of people246733

25

53

Percentage (%)81624281212

100

Chapter Three

Table 3.5 shows that 60% of respondents had acquired their land before

1980. This includes people who have lived on the land they reside on all their

lives, those who acquired the land before 1950's and those who acquired their

land from 1950 to 1980. This can explain why there is a large percentage of

people who do not possess a lease or Form C. Only 40% secured rights over

the land they own after 1980.

At this point, it should also be noted that in Lesotho, a person was not allowed

to privately see or buy land until in 1986. A Land Amendment Order 1986

was passed that made provisions for compensations and selling of land. This

contradicts the 1979 Land Act provisions, the Act had set out mechanisms for

compensation.

Table 3.6 shows land prices in Mapeleng. It should be noted that the pricing

of land has been ad hoc. Price of land does not necessarily correlate to size

of the site. A field owner usually sold based on how much he needed or felt a

buyer would be willing to pay. Thus, people have paid the same price for

different sized sites. Table 3.7 illustrates different site sizes.

54

Chapter Three

Table 3.6 Land prices in Mapeleng

Land price Number of people %

Less than R1,000

R1,000-R2,999

R3,000-R4,999

R5,000-R6,999

Above R7,000

Source: Field survey (1998)

4

4

1

o

40

40

10

10

o

Eighty percent of respondents had paid R2, 999 or less for their land. None

had paid more than R7, 000 for land. Table 3.7 shows the plot sizes in

Mapeleng.

Table 3.7 Plot sizes in Mapeleng

Plot size Number of people %

< 1,OOOm2

> 1,OOOm2

Do not know

Source: Field survey (1998)

4

o

21

16

o

84

An overwhelming number of people claimed not to know their plot sizes.

People in Lesotho are reluctant to provide information pertaining to their land.

People probably provided false information and claimed not to know their

plots sizes because they fear that if their plots are too large, they will be

forced to sub-divide the land.

55

Chapter Three

These people claim that part of their land has been taken over for public

servitude so many times that they no longer know what their plot sizes are. If

asked to provide the initial size, they claim that they are no longer sure and do

not want to make a wrong estimate. This shows that the people had not

forgotten the plot sizes, but provided excuses.

In the Land tenure report, it is argued that grants to land after 1979 have been

1,000m2 or less. In the Land Regulations 1980, it is stipulated that leases will

not be granted on residential sites that are more than 1,000m2. The impact of

this on land development and spatial form would be increased densities

because the plot sizes are smaller. This has been partially achieved in

Mapeleng due to its SDA status. Therefore, the Land Act of 1979 has helped

to densify those residential areas that have been planned and declared

Selected Development Areas.

3.3.2 Conclusions

The existence of the 1979 Land Act has had several impacts in Mapeleng.

These impacts have been both positive and negative in nature. The positive

impacts are change in land tenure from communal to leasehold and

declaration of areas as Selected Development Areas. Change from communal

tenure system to leasehold is regarded as a positive impact because it helped

to facilitate commercialisation of I and. It should be noted that

56

Chapter Three

commercialisation has had both positive and negative impacts (negative

impacts will be discussed later in the section). In section 2.7, it has been

discussed that it had been anticipated that change in land tenure system from

communal tenure to leasehold would help commercialise land.

Commercialisation of land in the context of Lesotho has been very important

because it has led to land being used for what its mostly needed for. Demand

for residential land is very high in Maseru's peri-urban areas. Land within the

urban boundaries has all been allocated and revocations are rarely made

(Chief of Mapeleng: 1998).

A revocation occurs when land is taken away from an allotee. The state then

takes over rights on that land and it can then be re-allocated. Since

revocations rarely occur, it is difficult for someone from outside the area to

acquire land through an allocation. Commercialisation has opened land that

had been tied up for agricultural use although most fields were left fallow (due

to lack of seeds, drought etc.)

In section 2.7, it has been discussed that change in land tenure to leasehold

would provide security of tenure for farmers. This would result in farmers

investing on the land. This has not happened. It is true that the change in

57

Chapter Three

land tenure system from communal to leasehold provided security of tenure.

Farmers have not invested more in the land through mechanisation and use

of fertilisers. The land is sold to people who want residential sites.

It should be noted that this commercialisation of land occurs at a very small

scale but still has a major impact because landless people are now able to

buy land they need. In has been discussed that people who had bought land

or were renting in Mapeleng argued that they did not have land elsewhere. As

Ambrogetti (1995) pointed out (see 2.7), there has been a decline in land

holdings in Lesotho.

Declaration of Mapeleng as a Selected Development Area (SDA) has resulted

in positive impacts. Mapeleng has been able to be planned due to this

declaration. The Spatial form is more orderly. Provisions for infrastructures

and services were made. Planning of the area also led to smaller plots and

higher densities. This has been useful because more people have been able

to be accommodated.

Where large plots exist, they are usually under-utilised. There is existence of

urban agriculture mainly for household consumption. As mentioned, it is for

subsistence and usually covers a small part of the site. In Mapeleng use of

land has been optimised (compare aerial photos 3.1 and 3.3).

58

Photo 3.3Mapeleng in the early 1980's

Source: Department of Lands, Survey and Physical Planning

59

Taken: 27/4/80Scale: 1:60,000

Chapter Three

Negative impacts of the Act are commercialisation of land, illegal sales by

Traditional Leaders and occupation of arable land for residential purposes.

The negative impact from commercialisation of land is mainly the unplanned

and spontaneous settlements that have mushroomed. Land was able to be

sold.

In addition, private field owners sold their fields. Thus, on an individual basis,

a person bought a land and made developments on it. Another field owner

would sell and the same would happen. This led to areas being developed

outside government initiative or surveying and servicing of the land.

It has already been discussed that, the Land Act took land allocation rights

from chiefs. Urban Land Committees were formed to oversee land

development initiatives. Therefore, a chief could no longer allocate a piece of

land without working with and consulting the Urban Land Committees.

Officials from the Maseru City Council's Planning Department and those from

the Lands Division of LSPP pointed out that they still come across backdated

Form C's. This creates problems for local authorities and land management

committees. It makes it difficult to manage land efficiently or assess extent of

land development for town planning purposes. Public officials from MCC

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Chapter Three

pointed out that more than 80% or residential development in Maseru is

unplanned (see map 1, page 10.)

Any government controls and regulations that relate to land and development

are either not known or ignored. People develop without planning permission

and building permits. This makes it difficult to a system of records that can be

used to measure the extent of development in Maseru.

The 1979 Land Act influenced the spatial form of Maseru and land

developments within the town. The impact seems to have been more

negative in nature than positive, this is mainly due to lack of proper

implementation and enforcement of the Act. This will further be discussed in

section 3.5.

3.3.3 Findings in Sekamaneng

In this section, findings that pertain to the Sekamaneng area are going to be

discussed. In Sekamaneng, 83% of respondents owned the land they lived on

while the remaining 17% rented out the accommodation. This also illustrates

that there is very little rental stock in the area of Sekamaneng. Table 3.8

shows the number of households who own and rent.

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Chapter Three

Table 3.8 Land ownership in Sekamaneng

Ownership of land Number of people

Yes 25

No 5

Source: Field survey (1998)

Percentage (%)

83

17

Table 3.9 shows the way in which respondents acquired their land.

Table 3.9 Process of land acquisition in Sekamaneng

Way land was acquired No. of respondents

Allocated by chief 13

Inherited from parents 6

Bought from an individual 6

Source: Field survey (1998)

%

52

24

24

In Sekamaneng, most people acquired their land through an allocation making

up 52% of respondents. The remaining 48% acquired land through

inheritance or the land was bought. Therefore in Sekamaneng, people have

tended to hold on to the land that they have been allocated, instead of selling

the land. Of the same sample, only 4% owned any other residential or arable

land.

This shows that people own very little land and there is an increase in the

number of landless people.

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The majority of respondents (60%) argued that they did not know their plot

sizes. Thirty-two percent claimed that their plot sizes were more than

1,000m2. Only 8% had plot sizes under 1,OOOm2

. Therefore, the highest

proportion claimed not to know their plot sizes. The people of Sekamaneng

seemed freer to disclose that their plot sizes were large and were thus less

concerned about sub-divisions. This does not mean that respondents would

agree to have their land sub-divided, it only means that a sizeable proportion

(32%) acknowledged that their sites were large. Table 3.10 further illustrates

this.

Table 3.10 Plot sizes in Sekamaneng

Plot Size Number of respondents Percentage (%)

-< 1,OOOm2

>- 1,OOOm2

Do not know

Source: Field survey (1998)

2

8

15

8

32

60

The proportion of respondents who claim not to know their plot sizes is very

large and thus tends to distort the findings. From observation, plot sizes in

Sekamaneng were relatively large. This could possibly be attributed to the fact

that over half (52%) of land in Sekamaneng was acquired through an

allocation. Therefore, the pieces of land allocated will be larger than sites

where individuals bought from a field owner. This is because a field owner will

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Chapter Three

make as many sub-divisions as possible (within reason) of the field to get as

much money as possible.

The 1979 Land Act has not been able to impact on plot sizes in Sekamaneng

because a large proportion of the area is outside the urban boundaries and is

regarded as rural land. This will account for the high percentage of allocations

of land by the chief in the area (see Table 3.9,).

Within rural areas, the mode of land allocation is through what is referred to

as 'an allocation'. For an allocation, a Form C2 is issued. The Village District

Council has powers to allocate land. The chief acts as the ex officio chairman

of the council. Sekamaneng officially falls under the Berea district and thus is

the responsibility of the district council from the area.

For part of Sekamaneng that is within the Maseru urban boundary, Urban

Land Committees have been established to deal with land related matters.

Within the Land Committee, the chief of Sekamaneng chairs the committee as

ex officio member. Therefore, this part of Sekamaneng is under the

responsibility of MCC.

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Chapter Three

It should be noted that leases do not apply for residential land in rural areas.

Within Sekamaneng, those who possessed leases were people who owned

land within Maseru urban boundaries. As it has already been pointed out, the

Land Regulations of 1980 stipulated maximum residential plot sizes

for residential land only when granting leases. It is in very rare cases that a

field owner applies for change of agricultural land title to lease hold. Table

3.11 shows form of title to land.

Table 3.11 Forms of title to land in Sekamaneng

Form of title to land Number of respondents Percentage

Form C2

Lease

None

Source: Field survey (1998)

11

1

13

44

4

52

Table 3.11 shows that the majority (52%) of respondents from Sekamaneng

did not have any form of documentation to show that they owned the land.

Table 3.12 will illustrate that respondents (68%) acquired their land after

1967. Then more people should be in possession of leases or Form C2's, but

this is not the case. Forty-four percent had Form C's and this included those

households found within Sekamaneng's part that falls within Maseru's urban

areas. Only 4% possessed a lease as title to land.

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Chapter Three

Table 3.12 Year of land acquisition

Year land acquired Number of people

Before, to 1950 6

1960's 1

1970's 7

1980's 7

1990's 3

Lived here all my life 1

Percentage (%)

24

4

28

28

12

4

Total

Source: Field survey (1998)

25 100

In Sekamaneng, it seems as if the change in land tenure has had little impact

due to the rural nature of the area. The chieftainess of the areas still has

some vacant land that can be allocated (chief of Sekamaneng: 1998).

Therefore, it is safe to assume that number of people who acquire land

through allocations will increase. Also as already mentioned, the Act has been

unable to influence the plot sizes in the area.

Change in land tenure system from communal to lease hold has led to

personal possession of land and freedom to dispose. From the data, it is

obvious that in Sekamaneng, commercialisation of land has not been as

intense as in other areas (such as Mapeleng). Only 24% of respondents had

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bought land. Table 3.13 shows the range of prices that people claim to have

paid for their land.

Table 3.13 Land prices in Sekamaneng

Cost of land No. of respondents

Less than R1,000 5

R1,000-R2,999

R3,000-R4,999 0

R5,000-R6,999 0

Above R7,000 0

Source: Field survey (1998)

%

83

17

o

o

o

Table 3.13 shows that most people (83%) in Sekamaneng paid R1, 000 or

less for their land. As with Mapeleng as already discussed in the previous

section, the prices do not correlate with the plot size. Land prices are usually

set informally and in an ad hoc manner.

This system is slowly changing as field owners are now setting prices per size

of land. Presently in Sekamaneng, a 30m by 30m sized piece of land sells for

approximately R3, 500. Land that is more expensive is found in other areas in

Maseru. This is in areas that have mainly been formally planned such as at

Ha Thetsane. At Ha Thetsane, the same 30m by 30m piece of land can sell

for as much as R20, 000. This is because this land is fully serviced and

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Chapter Three

comes with services and infrastructures. People opt for the 'cheaper' land and

put in services, as money becomes available.

It should be noted that land that has not been serviced is regarded more

desirable solely based on the price. The norm is to put in services in an

incremental manner. The existence of a top structure without services is in

most cases enough. A pit latrine can always be put on site cheaply and most

areas have communal taps due to the village water programme that has been

implemented in most areas.

The above is attitude is precisely what has led to unplanned settlements in

Maseru. It is recognised that the government agencies most of the times are

unable to provide residential land at required rates. It should also be noted

that when such land is provided, the selling agency has difficulties selling the

land especially if the target group is low-income (if other factors such as lack

of housing finance are not considered).

3.3.4 Conclusions

In Sekamaneng, it is more difficult to assess the impact of the 1979 Land Act.

This is mainly due to the rural status of Sekamaneng. As Franklin (1995)

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pointed out, the Act has not been intensely applied in rural areas due to lack

of capital and manpower in LSPP.

The Act seems to have not had any major spatial impacts in Sekamaneng.

The area is developing and growing as it has always been. Land 'allocations'

are still granted and there has been minimal commercial activity (in relation to

land) in the past. This in now on an increase, developments are occurring

rapidly and land is being sold at higher rates. This increase in developments

is probably due to increased demand for that land.

Selling of land was made possible by the Act, but selling has only recently

occurred because there is now demand for land for residential use in

Sekamaneng. People from outside the area have started to buy land for

residential purposes. Therefore, as already mentioned, change in land tenure

system from communal to leasehold has facilitated commercialisation of land

even though at a very low scale.

In Sekamaneng, there has not been any major change in the spatial form pre

and post 1979. The spatial form has remained relatively the same (refer to

aerial photos 3.3 and 3.4 on pages 59 and 70 respectively). Thus, with or

without the existence of the Land Act 1979, Sekamaneng would have still

developed in the same manner.

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Chapter Three

3.4 Traditional Leaders

Traditional leaders of both Mapeleng and Sekamaneng were interviewed.

These are Chief Makoena Majara and Chief Manapo Majara.

Discussions with Chief of Mapeleng will be presented followed by interview

results with the chieftainess of Sekamaneng.

3.4. 1 Mapeleng

Chief of Mapeleng is acting on behalf of her husband who is away. She

argues that her main duties are conflict resolution between people of

Mapeleng since she no longer allocates land. The Chief of Mapeleng did

however point out that there is no longer any available land in Mapeleng.

Therefore, allocations are no longer made.

Only re-allocations can occur but the need to revoke land rarely occurs. This

is because procedures for revoking land are unclear. The 1979 Land Act

made provisions for revocation of land, but it was pointed out that the Act is

very difficult and best not to be dealt with. Generally, a revocation can occur if

a person holds land for speculation. Bruce (1984) also pointed out that

69

Photo 3.4Sekamaneng in the early 1980's

Source: Department of Lands, Survey and Physical Planning

70

Taken: 27/4/80Scale: 1:60,000

Chapter Three

grounds for revocation also include overgrazing and refusal or inability to fight

soil erosion.

When a person wants land in Mapeleng (when land is available), the person

has to consult the Traditional Leader. According to Chief of Mapeleng, a letter

from the chief's office is then sent to LSPP. At LSPP, an application is then

lodged. She also works with Urban Land Committees in land development

matters that pertain to her area of jurisdiction.

From the discussion above, it is clear that Land Committees have been

established and the chief now only acts as ex officio member of the

committee. Chief of Mapeleng argues that the role and respect given to chiefs

has declined. It is argues that this is a pity because, the Traditional Leader is

closer to the people. Thus, a Traditional Leader would be able to administer

land matters better than officials at the City Council or LSPP.

Nevertheless, she asserted that the existed of the local authority has proved

beneficial for area because Mapeleng was declared an SDA and

consequently, development within the area is more orderly.

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Chapter Three

When asked about the 1979 Land Act and ways that it has made an impact

on her areas, she argued that it has had a very positive effect on her area. It

has led to provisions for roads thus making the area accessible.

In terms of implementation of the 1979 Land Act, It is argued that the Land

Act was implemented adequately in Mapeleng. This can easily be seen in how

well the area has developed. It should be noted that respondents from the

area claimed that they had never heard of the Act. Some people vaguely

remembered but did not know that events that had occurred were related to

the 1979 Land Act. This partly shows inadequate implementation of the Act.

People of Mapeleng should know about the Act.

Public officials from MCC and LSPP also claimed that the Act has not been

implemented adequately. It should also be noted that it would be to the

advantage of respondents to claim that they do not know about the Act so

they can be exempted from not adhering to the Act.

3.4.2 Sekamaneng

Chief of Sekamaneng is acting for he son who was removed from the position.

Her duties are mainly conflict resolution among residents and land allocation.

She makes allocations only for residential sites. There is no longer suitable

arable land available for allocations.

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Chapter Three

The 1979 Land Act has had minimal impact on Sekamaneng and thus it is not

surprising that people have not heard of the Act. Chief of Sekamaneng argued

that the Act has led to some commercialisation of land within her jurisdiction,

but selling of land can still be controlled. Meaning that land in the area is still

easily managed.

Most of the land in Sekamaneng is still undeveloped, therefore in the future,

there will probably be increases in allocations but also selling of land by field

owners, as there is more demand for residential land.

3.5 Public Officials

The government of Lesotho, through MCC and LSPP is able to influence land

developments. Mechanisms put in place to facilitate this includes physical

planning and development control. MCC designs plans, which when

implemented influence how people can and how they will eventually carry out

development. Development control helps to ensure that conflicting land uses

do not occur. Through land banking, land is taken and managed , leading to

formal developments. This helps to curb development of unplanned and

spontaneous settlements.

There are several pieces of legislation that govern land management efforts

by government . Appropriate legislation includes: The Town and Country

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Chapter Three

Planning Act of 1980, The Land Act of 1979 and the Land Regulations Act of

1980. There are also several other land amendment orders. The Town and

Country Planning Act 1980 among other things gave provisions for

preparation of development plans and guides planning initiatives.

The Land Regulations Act set regulations relating to land committees,

inheritance, and development rents, fees and charges.

Obstacles to proper intervention

The public officials identified several obstacles to proper intervention in land

development processes. Firstly, the planning authorities, (MCC and LSPP)

have shortages of manpower and capital. This makes it difficult to ensure that

proper intervention is carried out. This also relates to enforcement of the 1979

Land Act. Secondly, there is lack of adequate enforcement of laws. The courts

hesitate to deal with land matters. This is because issues that relate to land

have always been regarded as sensitive.

It should be noted that it was mainly respondents form LSPP that argued that

intervention in land related issues rarely achieves objectives. They argued

that objectives are not met due to several aspects. The elements that hinder

achievement of objectives include lack of adequate manpower and capital and

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Chapter Three

In terms of manpower and capital. There is understaffing at both MCC and

LSPP. Therefore, this makes it difficult for the public officials to attend to

everyday duties and deal with problems that arise from outside effectively.

Maseru City council gets a very small budget (R4 Million/annum) from the

central government. The money is used for administrative purposes and

salaries. Thus, the City Council mainly generates revenue through collection

of rates. There is a problem of people not paying rates. This is because

people feel that the municipality does not provide services adequately, and

thus, they refuse to pay tax levied on their properties (MCC public officials).

MCC is therefore unable to generate enough revenue to be able to attend to

all its responsibilities. The weak institutional capacity and lack of capital leads

to difficulties in dealing with land related matters.

Lack of political commitment is evident because there is no enforcement to

make sure that objectives are met, and if any obstacles arise, they are not

dealt with effectively to remedy the problem.

Trend in land development

Pattern of land development in Maseru has been characterised by high levels

of unplanned settlements. The public officials asserted that there has been an

increase in arable land being used for residential purposes. This conversion

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Chapter Three

occurs outside planning controls and regulations. There has also been an

increase in illegal allocations.

Unplanned settlement mainly emerged due to several reasons. Firstly, there

has been high rural-urban migration mainly focused on Maseru. Lack of land

in the city centre led to arable land being converted to residential land use.

The peri-urban areas of Maseru were mostly affected because they were the

areas that were closest to town and had available land.

Secondly, after the Land Act 1979 was passed in 1980, traditional leaders

could no longer allocate land. Land allocation powers were vested in land

committees that were established. Traditional leaders continued to allocate

land outside the land committees. This led to improper management of land,

the land committees were unable to keep record of the land transactions. This

led to unplanned settlements.

The above trend of land development is very different from the pre-1979

years. In the past, there were no 'illegal allocations'. This is because the chief

had the power to allocate land within his jurisdiction. In the early 1970's (refer

to aerial photo 3.5 page 78), Mapeleng and Sekamaneng were both rural

settlements. As the city expands from the city centre, these peri-urban areas

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were converted to residential land. Mapeleng under went the change first

since it is closer to the city centre than Sekamaneng.

Every Mosotho male citizen was eligible for land and could be allocated a

piece of land after consulting with the chief of the area. Therefore, it is argued

that settlements were 'planned' because the chief managed the land and

through allocations was able to record land transactions. Development could

then be managed and settlements planned. Therefore, the argument that

chiefs lack expertise to administer land (Tsepe: 1984) is questionable. This is

because under the chiefs administration, land could still easily be managed.

It should be noted that it is realised that present mismanagement of land is

partially due to chiefs not co-operating with land management authorities.

The pre-1979 areas were mainly rural in nature with most of the land used for

agricultural purposes. This is different from today's settlements that are

dominated by residential land uses and less agricultural land use. In aerial

photo 3.2, it is shown that in the early 1980's, Mapeleng was already highly

populated. There existed a small amount of arable land. The surrounding

areas are still highly undeveloped. Therefore, there is mainly agricultural land

Southeast of Mapeleng.

77

Photo 3.5Study areas in the 1970's

Source: Department of Lands, Survey and Physical Planning

78

Taken: 14/4/75Scale: 1;60,000

Chapter Three

The change in the pattern of land development in the pre and post 1979 years

can be attributed to several factors. Firstly, the change in land tenure system

from communal to leasehold influenced pattern of land development in

Maseru. The change in land tenure system commercialised land and gave

people provisions to dispose of their land holdings at will.

In addition, the change provided people with title to land in the form of leases.

These leases could be used for acquiring housing finance from financial

institutions. Thus, facilitating an increase in the number of developments that

could occur. This is because people would now have necessary funds to

develop their sites. Although as it has already been shown, very few people

possess leases and it can be assumed that most people acquired housing

finance through less formal means (such as group savings schemes).

Secondly, the change has been due to illegal allocations as it has already

been discussed.

Factors that influenced land development in Maseru

Several factors influence the pattern of land development in Maseru. These

are socio-economic factors (such as poverty and lack of housing finance),

there is very low production of formally serviced residential land, there are

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Chapter Three

illegal land allocations by chiefs, and Lesotho does not have a National

Housing Policy to guide housing development.

Socio-economic factors will inevitably influence patterns of land development.

According to the Sixth National Development Plan (1997), nearly 50% of

households in Lesotho are poor (the majority are found in rural areas). Poor

households are defined as 'those who spend 50% of their total household

budget to obtain their daily adult diet of 2,500 calories'. Although Lesotho's

per capita GNP of R2206 (1995 statistics) places the country among the

higher income countries in Sub-Saharan Africa.

The problem is that income in Lesotho is highly skewed. Ten percent of

households in higher income groups receive 44% of gross national income

while the bottom 40% receive only 8% of the income (Sixth National

Development Plan: 1997).

The above has several implications in terms of land development. Since most

households are defined as poor, they will not be able to afford land that is

serviced. This is because even when serviced sites are targeted towards low­

income households, the prices for sites are set too high. The prices are

usually above what a poor household is willing and able to afford to spend on

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Chapter Three

housing. Therefore, most households opt for land sold informally. This then

led to establishment of unplanned settlements within Maseru and its peri­

urban areas. It helps to perpetuate selling of land illegally.

Low production of formally serviced sites has resulted in several factors. The

supply of serviced land greatly lags behind the demand for such land. Formal

agencies that provide such land (e.g. MCC and LHLDC) mainly lack the

capacity to provide land at rates that are required.

The weak institutional capacity has already been discussed. There are also

delays in acquisition of land from private landholders. This delay is mainly

caused by conflicts over compensations for land.

Low production of formally serviced lands leads to people acquiring land on

their own. The land acquired is usually from private field owners. The land is

provided without any infrastructure, but due to the demand for land, the

unserviced sites are purchased. This is because the government does not

adequately provide serviced land at required rates. Introduction of the 1979

Land Act introduced mechanism that government could employ to increase

control of land and production of serviced land. This has rarely occurred

leading to settlements that are unplanned.

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Chapter Three

Discussions on illegal land allocation by chiefs have already been presented.

It will be added that there seems to be some sort of antagonism between

chiefs and civil servants. As Chieftainess of Mapeleng pointed out,

capabilities of traditional leaders are undermined by government. She argued

that traditional leaders should be incorporated into the civil service. One of

the public officials from Maseru City Council also suggested that traditional

leaders be incorporated into the civil service. The public official argued that it

is the only way to curb and ultimately stop illegal land allocations by traditional

leaders.

It is argued that incorporation of traditional leaders will curb illegal allocations

in the following way. If they become part of the civil service, they will be made

part of the body that influenced and manages land development. Traditional

leaders feel that their role has diminished and is greatly undermined.

Incorporation of traditional leaders into the civil service would make traditional

leaders part of local government administration. The most important element

is that it will make the traditional leaders feel as part of decision making and

not merely as ex officio members.

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Chapter Three

National Housing Policy

Lack of National Housing Policy results in several problems. There are no

formal procedures and mechanisms put in place to help guide, control and

target specific areas and income groups in matters relating to housing.

Existence of a housing policy would provide a way in which government could

influence development of land by identifying areas where residential

developments or housing will occur.

It is realised that this also happens when structure plans are formulated and

specific locations are identified as residential land. However, that does not

necessarily facilitate actual development of that land into the desired land use.

Development controls and regulations ensure that specifications of structure

plans and planning are adhered to. When enforcement is very weak (such as

in the case of Lesotho), specifications of plans are not adhered to. This would

lead to more planned residential areas within Maseru.

The lack of housing policy also means that there are no mechanisms put in

place that address housing finance. Housing finance is a very important

component of any housing policy. Without housing finance, it becomes

impossible to develop ones land.

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Chapter Three

It has already been discussed that Lesotho has a high number of poor

households. A housing policy would be able to address this problem and

facilitate mechanisms in which these groups could access housing finance.

This could be either money coming directly from the government or coming to

a certain agreement with financial institutions.

Lack of a national policy to address housing finance issues has thus led to

people not affording serviced land and buying land privately from field owners

or resorting to acquiring illegally allocated sites from chiefs. This is carried out

to minimise costs and acquire land as cheaply as possible, so that there will

still be funds available to build the house.

A housing policy would also address land issues. Thus, lack of such a policy

greatly hinders proper land management and land development in the country

especially in Maseru.

Spatial impact of the 1979 Land Act

The Land Act 1979 has had several spatial impacts. The most notable are

the result of places being declared Selected Development Areas (SDA's). As

a result, these areas were able to enjoy service that could not be found in

other areas. In addition, there are now basic infrastructures in place, such as

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Chapter Three

roads which have been constructed. Thus, the major impact has been

'formalisation' of residential areas. It has also led to residential areas having

higher densities.

The impact has certainly been positive because it has led to better planned

areas with services and infrastructures. It has also led to densification to make

(the already scarce) land available to more people.

Administration of the 1979 Land Act

Administration of the 1979 Land Act is the responsibility of the Minister of

Local Government through the Commissioner of Lands. Other bodies are

involved in the administration of the 1979 Land Act. These include the MCC

Town Clerk's Office, the Urban Land Committees and law enforcement

officers.

The Commissioner of Lands participates in all land allocation procedures. The

Urban Land Committees are responsible to the Maseru City Council, the

Maseru City Council has a Lands Officer who works with the Land

Committees.

85

Chapter Three

Obstacles to proper implementation of the Act

Most of the public officials argued that objectives of the Act have not been

adequately met. Reasons cited were: Chiefs allocating land illegally, field

owners allocating agricultural land for residential purposes, inadequate

institutional capacities in MCC and LSPP, lack of proper enforcement of the

law, lack of public awareness of the Act and lack of co-operation by

Traditional Leaders.

Illegal allocations by chiefs have hampered achievement of the objectives of

the Land Act 1979. Under the Act, chiefs are supposed to work with Urban

Land Committees when allocating land. These Land Committees are

composed of the Principal Chief of the jurisdiction as chairman, the District co­

ordinator or Town Clerk, the Commissioner of Lands and three other

members appointed by the Minister of Local Government. Therefore, when an

allocation is made through the land committee, it helps because those

government agencies that will ultimately deals with management of the land

are directly involved.

When a chief makes an allocation without this committee, it means that an

allocation is made without land management authorities knowing about it or

approving the allocation. This leads to settlements that have not been

86

Chapter Three

planned. It also makes it difficult for the municipality to manage such land

because its development was anticipated. Ultimately pressure is put on any

existing infrastructures and services that exist in the area. This is because

the infrastructures and services were not made to carry the increased

capacity. It should also be noted that existing infrastructures and services are

usually not adequate for existing developments, let alone accommodate new

developments.

Private allocations by field owners have the same consequences as illegal

allocations from chiefs. Therefore, it is not necessary to go into the discussion

of the impact of these transactions of land development and spatial form. It

can only be added that there is a slight different in the allocations by chiefs

and those made by field farmers.

Chiefs allocate state land. The field owners sell arable land. Therefore, field

owners sell arable land, which is then used for residential purposes. This

leads to a decrease in the amount of arable land. Encroachment on

agricultural land is a great problem. Agricultural land is increasingly

diminishing and there is need to protect this land.

87

Chapter Three

Declaration of Selected Agricultural Areas (SAA's) was supposed to curb the

above problem. Data collected from public officials does not clarify issues that

surround establishment of SAA's or identify such areas. Therefore, it is

difficult to discuss the extent to which such a declaration has had an impact

on land development. It is also difficult to assess if declaration area as an

SAA helps to curb encroachment on that land.

Mechanism to penalise those who ignore the Act

Mechanisms have been put in place to penalise those who ignore the Act.

The Land Amendment Order of 1989 set mechanisms to penalise those who

ignore the Act. A person can be taken to court. If found quilty, the person can

be fined R5, 000 or five year imprisonment.

Public officials argued that the above mechanism has not proved effective

because it is never enforced. They assert that there is lack of law enforcement

especially on land related matters.

Land Tribunal

It also became apparent the Land Tribunal court has not been established.

The 1979 Land Act gave provisions for a land tribunal to be established. This

tribunal was to consist of three members. It would have a chair and two

88

Chapter Three

two assessors appointed by the Minister of Local Government. The chair has

to be a judge of high court or resident magistrate. One of the assessors had to

be a person with a degree in law or land economics. The tribunal was to be

established because it was argued that there was need for a formal body that

would be responsible for hearing all disputes that relate to land.

Since a Land Ttribunal was not established, land disputes have to go through

the normal courts. This results in delays in hearings because of the large

number of cases that are usually waiting to be heard. It is in very rare cases

that a person is taken to court, by the time the case is heard, the person has

developed the land and it becomes more difficult to enforce the law then.

An example of the above is a case in Ha-Thetsane. The Maseru City Council

bought land from field owners to be converted into a planned residential area.

The plan was not yet complete on the drafting board yet the very same sites

are being developed. Field owners were compensated by MCC for their field;

the field owners then resold the land to private individuals who are now

developing the land. Parties involved know that they will not be penalised and

there are small possibilities of MCC getting its compensation money back

because these people will not be penalised. It is amazing to think that this

happens even though MCC has limited funds and capital to carry out its

responsibilities.

89

Chapter Three

3.5.1 Conclusions

The 1979 Land Act has had both negative and positive impacts on land

development in Maseru. The main positive impact is that SDA's can be

established and these lead to planned settlements with basic infrastructures

and services.

The negative outweighs the positive. Implementation of the Act has led to

illegal allocations by both field owners and traditional leaders.

The change in land tenure system (and other factor already mentioned) has

led to spontaneous and unplanned settlements. The unplanned and

spontaneous settlements are cited by public officials as the most significant

change in the trend of land development in Maseru between the pre and post

1979 years.

It was also pointed out that there is need for formulation and implementation

of a National Housing Policy. The Housing Policy will also help to address

problems of access to housing finance. Access to housing finance will help to

lead to more choice and people will be able to buy serviced land.

The inadequate institutional capacity needs to be addressed in order for the

Act to be adequately enforced. Above all, there is need to establish a Land

90

Chapter Three

Tribunal to oversee land disputes and to ensure that the Act is enforced

before objectives can be realised.

91

CHAPTER FOUR

DISCUSSIONS AND CONCLUSION

4.1 Conclusions

Conclusions draw on findings that have already been presented in chapter

three. This section will also address research questions. The central issue of

the study was to assess the extent to which the 1979 Land Act had made an

impact on urban morphology and patterns of land development in Maseru and

the peri-urban areas.

Evaluation of the impact of the Act on land development

In assessing implementation of the Land Act 1979, several issues need to be

discussed. It can be argued that the implementation of the 1979 Land Act has

been partially successful. Success can be attributed to formalisation of areas,

hence providing service and infrastructures in these areas. This has been

achieved when areas are declared SDA's.

The Land Act 1979 seems to not have been implemented inadequately.

People from Mapeleng and Sekamaneng did not know about the 1979 Land

Act. As Tsepe (1984) points out, inadequate implementation has led to

confusion that surrounds the Act. Those who remember activities that relate

to the Act did not know that the Land Act 1979 made provisions for such

activities. The people who did not know about the Act were the majority. It is

recognised that some respondents might find it to their advantage to claim to

92

Chapter Four

There is lack of enforcement of the Act as indicated above. There seems to

be lack of interest or commitment to ensure that the Act is not ignored. Public

officials did argue that there is lack of political commitment. People are never

taken to court for ignoring the Act. Thus, people do not waste efforts in trying

to make sure that they have adhered to the principles of the Land Act of 1979.

Inadequate enforcement of the law relating to land matters is perpetuated by

non existence of a Land Tribunal. A Land Tribunal was never established to

deal with land conflicts and other land related matters. The tribunal should

have been established to deal with people that ignore the Act. In addition, the

mechanism that is set to deal with those who ignore the Act should be used

and not only exist on paper.

In section 2.8.1, it was argued that there is no clear procedure to penalise

those who ignore the Act. Therefore, there is need for public officials to be

educated and the courts and government to be committed. This will ensure

that those mechanisms set out in the Land Amendment Order 1986 are used

to facilitate enforcement of the law.

Another inadequacy in the implementation of the Act is evident in the large

number of people who still possess Form G's. With passing of the Act, all title

to residential land within urban areas was to be converted into leasehold. The

94

Chapter Four

Commissioner of Lands sent a notice to a landowner, if a person did not apply

within 3 months, the person lost their title to land. People in Mapeleng claim

that they never received any notices and LSPP office was not ready to

confirm that notices has indeed been sent to residents of Mapeleng.

The public officials from both MCC and LSPP argue that it has been very

difficult to adequately implement the Act because there are manpower

shortages and limited capital.

Problems due to inadequate implementation of the Act

Inadequate implementation of the Act has led to several problems. It has led

to illegal allocations by chiefs. This makes it difficult for LSPP to effectively

monitor and manage land development. These illegal allocations also

resulted in emergence of unplanned settlements within Maseru.

It conclusion it can be asserted that the 1979 Land Act has led to unplanned

settlements in Maseru. It should be noted that it is realised that there are other

factors that have led to development of unplanned settlements (such as in­

migration into Maseru and people's incomes) and these have been discussed

in section 3.5.

95

Chapter Four

Another problem experienced is rapid conversion of land from agricultural to

residential land use. This is problematic because it decreases the already

limited arable land. Most field owners would argue that the arable land is put

to better use when converted to residential use. This is because the land is

mainly left fallow year after year due to drought and lack of money to plough

the fields. There is high demand for residential land and low production of

serviced land from government agencies, thus agricultural land is taken up for

residential development.

Impact of change in land tenure system

Change in land tenure system from communal to leasehold has led to a few

notable changes in patterns of land development in Maseru and the peri

urban areas. Change in land tenure has led to commercialisation of land,

which in turn resulted in spontaneous and unplanned settlements.

The spatial form of Maseru and patterns of land development have changed

when comparing the pre and post 1979 years.

It should be noted that it is recognised that there are other factors that have

led to this change beside the Land Act 1979. These factors include increased

demand for residential land as central areas are developed and there are

increases in migration into Maseru. Also decrease in agricultural productivity

96

Chapter Four

has led to abandonment of agricultural activities for paid labour and the land is

mainly left fallow, hence when the chance emerged to sell the land, the

chance was seized. Other factors include the natural change of an area from

its rural nature to urban form as pressure is put on the area to become

urbanised.

The spatial form and land development patterns of pre and post 1979 years

have changed in several ways. It can generally be asserted that change in

land tenure from communal to leasehold has lead to increases in emergence

of unplanned settlements. Another change has been conversion of arable

land to residential use (due to commerciaisation of land).

Concluding remarks

It had been hypothesized that the 1979 Land Act has not been able to curb

urban sprawl. This is true. This is evident in that land is being sold without the

consent of the government ( that is, not through land committees) and thus

developments have been occurring and leading to urban sprawl. Most land in

Mapeleng was bought from individuals, in Sekamaneng selling of land in the

past was low. Recently, field owners are selling their land at increased rates

(this became apparent while doing the field survey). Thus, urban sprawl has

not been curbed or managed.

97

Chapter Four

The second part of the hypothesis is false. I had hypothesized that the Land

Act 1979 had not led to any changes in patterns of land development and

patterns of urban morphology in Lesotho. The hypothesis is false because it

has been discussed that there has been change in patterns of land

development and urban morphology in Maseru and peri-urban areas partly

due to the existence of the Land Act of 1979.

Recommendations

Several recommendations can be made. Firstly, there is need to declare more

areas as SDA's that are outside Maseru's urban boundaries. The City

Council focuses on areas within its jurisdiction and district councils do not

have the capacity to make such declarations in their areas of jurisdiction.

There is need to decentralise planning functions so that areas outside

Maseru's urban boundaries can also be adequately planned. Therefore, if

there is a local council within each major town in each district, it will become

easier to plan at a local level. This will ensure that the area in question can

be planned more sufficiently. It is realised that the above can only happen if

external funding can be secured to carry out the activity. Nevertheless, it is

argued that it is very important for planning functions to be decentralised.

98

Chapter Four

It is also recommended that a land tribunal should be established. Those who

ignore the Act should be penalised. The existing law should be enforced.

There is also need to ensure that chiefs cooperate with the local authority.

Incorporating chiefs into the civil service would not necessarily result in

cooperation. Cooperation can be achieved through making traditional leaders

essential decision-makers in certain matters.

Cooperation could be achieved through the following way. A chief could be

allowed to initially make an allocation without consulting Land Committees.

The Urban Land Committee, local authority or LSPP would be consulted after

the decision to allocate has been made, but before the applicant is allocated

the site. The allocation would only be approved when all parties agree on the

allocation. This would give the Traditional Leaders the power they crave whilst

ensuring that land allocations occur with involvement of land management

agencies.

In conclusion, it is asserted that most problems that the government of

Lesotho has experienced with the implementation of the Land Act 1979 is a

result of the weak institutional capacity and lack of adequate capital. This has

led to problems which have had negative consequences on land development

in Maseru.

99

Bibliography

Ambrose D. (1993)

Bardill J.E. and Cobbe J.H. (1985)

Bruce J.W.(1984)

Bruce J.W. (1987)

Christodoulou D. (1990)

Darin-Drabkin H. (1977)

Goodall B. (1987)

Economist Intelligence Unit (1997)

FairT.J.D (1981)

FairT.J.D (1990)

Franklin AS (1995)

Katona E (1995)

Keith T. (1994)

Kivell P. (1993)

Lands, Survey and Physical planning

Lesotho govemment printers (1980)

Lesotho government printers (1979)

Lesotho govemment printers (1997)

Machobane L..B.B.J (1990)

Maseru: An illustrated history. Morija printing works,Morija.

Lesotho: Dilemmas of dependence in Southem Africa.Westview Press Inc, Boulder.

"A layman's guide to the Land Act 1979." Seminarpaper on land act policy and agricultural development.March 19-22, Quthing.

"Land tenure reform and agricultural development inAfrica: A review of recent literature".

The unpromised land: Agrarian reform and conflictworld wide. Zed books Itd, London.

Land policy and urban growth. Pergamon press,Oxford.

Dictionary of human geography. Penguin books,London.

Lesotho. Country report, London.

Towards balanced spatial development in SouthernAfrica. Africa Institute of South Africa, Pretoria.

Rural-urban balance: Policy and practice in 10 Africancountries. Africa Institute of South Africa, Pretoria.

Land law in Lesotho: The politics of the 1979 Land ActAvebury, Aldershot.

Some characteristics of urban informal sector inSouthern Africa: The case of Lesotho. Rouledge andKagan Paul, London.

"Lessons from Southern Africa" in Mannaar A (ed),Access to and affordability of land South Africa: thechallenge of land reform in the 1990's. HSRC press,Pretoria.

Land and the city: Patterns of process of urbanchange. Routledge, London.

Maseru Development Plan. Working paper #4, Landtenure.

Land regulations 1980

Land Act 1979.

Sixth National Development Plan: 1996/97-1998/99.Ministry of Economic Planning, Maseru.

Government and change in Lesotho: 1800-1966.National University of Lesotho, Roma.

100

Matlosa K. (1991)

Makhanya E.M (1979)

Mosaase A. (1982)

Nicholas (1991)

Ntsane P. (1987)

Phororo D. and Letuka P. (1993)

Poulter S. (1976)

Sheddick V. (1954)

Sembatje I and Makatsjane J. (1992)

Thabane M. and Guy J. (1984)

Torres S. (1994)

Tsepe P. (1984)

Wellings P. (1983)

Williams J.C. (1972)

The dynamics of land tenure regimes in Lesotho:Implications for food production and food security.National University of Lesotho, Roma.

The use of land resources for agriculture in Lesotho.National University of Lesotho, Roma

"Lesotho's land policy under the Land Act 1979 andimplications on agricultural sector". Paper presented atworkshop on land policy and agricultural production. 14­22 February, Gaborone.

Social survey methods: A fieldguide for developmentworkers. Oxform, Oxford.

The Land Act 1979: Its problems and prospects.BA. Thesis. National University of Lesotho.

A review of analysis of land tenure in Lesotho: Withrecommendation for reform. UNDP.

Family law and litigation in Basotho society. Claredonpress, Oxford.

Land tenure in Basotuland.

"Migration and rural crisis in labour reserve economy:Lesotho." In Toure M. and Fadayomi T.O. (eds)Migration development and urbanisation policies in Sub­Saharan Africa. Codesria book series.

Unemployment and casual labour in Maseru: Theimpact of changing employment strategies on migrantlabour labourer in Lesotho. Camegie conference paper#124, Cape Town.

"Land: A question of historical inheritance or legal right"in Mannaar A (ed) Access to and affordability of land inSouth Africa: The challenge of land reform in the1990's. HSRC publishers, Pretoria.

The Implementation of Land Act of 1979 in rural areas.Research project paper. National University of Lesotho,Roma.

A case of mistaken identity: The squatters of Lesotho.Working paper #4. Development Studies Unit,University of Natal, Durban.

Lesotho: Land tenure and economic development.Africa Institute of South Africa, Pretoria.

101

Appendix 1Questionnaire for public officials

This study is carried out for academic purposes onlyYour help is highly appreciatedPlease place an x on the appropriate answer

Questionnaire #

Name:, _Gender: _Occupation: _Company: _Duration at present job: _

1. Are you involved in any land development related work?yes .No .

If yes, in what way?

If no, go to question 3.

2. What legislation governs the above actions?

3. In what ways does the government intervene in land developmentprocesses?

4. Why is intervention considered necessary?

5. When intervention occurs, are objectives met?yes .No .I do not know .

102

If no, what obstacles and problems are encountered? _

6. What has been the trend for land development in Maseru (within cityboundaries and peri-urban areas) in the past ten years? _

7. Has the trend been significantly different from the early pre-1978 years?yes .No .I do not know ..

If yes, in what ways? _

If no, go to question 9.

8. Would you attribute this change to the change in land tenure from communalto leasehold system?

yes .No .

If yes, to what extend and in what ways did the change in land tenure systeminfluence land development? _

9. What are the main factors that tend to influence pattern of land development inMaseru?-------------------------

10. What do you know about the 1979 Land Act? _

11. Who oversees implementation and workings of the Act? _

12. How does this agency carry out its coordination function? _

11. Would you say that the Acts objectives have been adequately met?yes .No .I do not know ..

If no, what shortcomings have been encountered? _

13. Has the 1979 Land Act had any impacts spatially?yes .No ..Do not know .

If yes, what are they? _

14. Has any Selected Development Areas and Selected Agricultural Areas beendeclared in Maseru?

yes .No .I do not know .

If yes, where? _

Why were these specific areas chosen? _

15. The 1979 Land Act gave provisions for government to acquire land for publicpurposes, do you know what the procedure for this had been before the Act?

yes .No .

If yes, elaborate _

Which places in Maseru were declared for public purpose as per provisions of theAct? _

16. What are mechanisms that have been put in place to penalise those whoignore the Act? _

Have the above mechanisms proved effective?yes .No .

If no, what would you recommend? _

Please feel free to provide any additional information that might further help this study.Thank You.

Appendix 2Questionnaire for private developers

This survey is for academic purposes onlyYour cooperation is highly appreciatedPlease place an x on the appropriate answer

Name of VillageQuestionnaire #

Name: _Gender: _Occupation _

1. Do you own the land the house you live in is on?yes .No .

If no, is the house:rented out to you 0Are you using it while the owner is away 0It belongs to family/ friend/ relative 0Other _

If possible, please further elaborate on circumstances that have led to the abovesituation. _

If no, go to question 11.

2. How large is the site? _

3.How did you get this land?a. Allocated by the chief 0b. Inherited from parents 0c. Bought from individual 0d. Other__-:-- _e. Given to me by _

4. When did you acquire the land? _

5. Where did you live before moving here? _

6. Did you have to pay for the land?Yes ..No .

If no, go to question 8.

7. How much did you pay for the siteLess than R1 ,000 DR1 ,000 - R2,999 DR3,000 - R4,999 DR5,000 - R6,999 DAbove R7,000 D

8. Did you possess a lease or 'Form C' for the site?yes .No .

If no, what documentation do you have to show that the land belongs to you?

9. In what ways to do you use the land? _

10. Did you own this land before it was developed?yes ..No .

If yes, what was it used for before it became a residential site? _

11. Do you have any other land some where elseyes .No .

If yes, where is this piece of land located and how is the land used? _

12. Have you ever heard about the 1979 Land Act?yes .No .

If yes, how do you understand the Act? _

13. Has the existence of the Act had any bearing on how you have developedyour land?

yes .No ..

If yes, please elaborate _

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Appendix 4

Coding system

• Do you own the land your house is built on?

No: Rented 1

Using for free 2

• How large is your site?Less than 1,000 m2

More than 1,000 m2

Do not know

• How did you acquire this site?Allocated by chiefInheritedBought from individualGiven to meOther

123

12345

• If the land was bought, how much did it cost?

Less than R1,000 1

R1,OOO-R2,999 2

R3,OOO-R4,999 3

R5,OOO-R6,999 4

Over R7,OOO 5

• What year did you acquire the land?Before- to 1950's 1

1960's 2

1970's 3

1980's 4

1990's 5

Lived here all my life 6

• Where did you live before moving here?(Area by district)Leribe 1

Thaba-Tseka 2

Maseru 3

Mafeteng 4

Butha-Buthe 5

.'

r-----­I

J

1

!f

Appendix 5Land Act 1979

Supplement No.1

to Gazette No. 41 of 14th December, 1979

The Land Act 1979

Act No. 17 of 1979

Published by Authority of the Prime Minister

Price: M2.80

~~.. ~..

..

I'.)iIIi

,

;1

IiIII

,I,I

~I~i

/1,

.J, I

~I

..

THE LAND ACT 1979

ACT NO. 17 OF 1979

Arr3lIlgement of Sections

1. Short 1tiJtle <l:~d commencemenrt

2. Interpretation ';,

Part I

In.alienability of land and power to grant titles to land

3. IJand vested in Baso·tho Nation

4. Power to gI1aalJt ,titles to land vested in tJhe King

5. Application for grants under parts Il and III

6. Persons capable of holding title to land

partn

Land held under allocation

7. AppUcation of Piart IT

8. Cevtain titles·non-reg.istrable

9. CeI1tain tirtfiJes-reglistrable

10. Oonversion of ali1ocartlio:ns

11. Other rural land held under a lease or licence

12, A1100aoog autihoniiy

13. Revoca!f;il()n of allocation

14. RevooaHon on grounds of public interesi

15. Oompensation in case <Yf revocation under section 1416. Appeals

17, Certirf1iOOltJe of aI1Ilocation and register

18. Regu1a1Jioos

Part m1. Grant of title in urban areas

19. Application of Part III

20. Lease or licence

21. Advertising of plots

22. Invti1JaJtion to tender

23. Adve·nse cladms

24. Au'11h.QI"iJty to grant title

. ~ .

j

_v

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34.

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0[

1ess

ee\.

36.

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senr

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37.

Cre

atio

n0

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rvit

ud

es

38.

Rig

hts

of

lice

nse

e

39.

Ter

ms

ofle

ases

40.

Sta

tuto

ryco

nd

itio

ns

Fi-

tst

Sch

edul

e

41.

Var

iati

on

of

leas

es'.

42.

Ter

min

atio

no

fle

ase~

..

.~

43.

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nIin

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noos '..

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tV

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ecte

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lect

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ricu

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area

s,

\

_/\

<4

4.

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45.

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elo

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of

lan

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for

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cult

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46.

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erly

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orp

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~/"47.

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ase

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50.

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ultu

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,are

a

51.

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les

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ase

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oted

agri

cult

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lar

ea

52.

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ta:i'

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Par

tII

Ito

appi

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69.

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un

dre

nt

and

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men

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70.

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sfo

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res

71.

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der

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Par

tIX

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bli

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ensa

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llic

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lica

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art

X

64.

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rkof

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66.

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ced

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al

67.

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68.

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Part

VII

I

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59.

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art

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ee

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du

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26.

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28.

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vers

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ran

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mit

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s

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cell

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atin

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s

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land

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ers

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end

men

to

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end

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of

1967

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f19

57

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f19

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of

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ting

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san

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ings

I

[Dat

eo

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om

men

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ent:

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coll1

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date

iand

aII1

1'end

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,y,

draJ

1nJa

ge,s'ewel'l~;

(ob)

proV

Tid

ing

soaiJ

ause

rviJ

ces

suC

has

sdho

o1>s

,O

Osp

iilta

ls,

host

els,

cem

eter

ies,

play

ing

neld

s,p

ark

s,sw

imm

ing

baJtJ

hs,

IlIart

:UI1

ere

serv

es,

low

in0O

ll11'e

'hou

sing

;(c

)w

aite

rO

OllJ

Serv

.atJi-

onby

mea

nsof

wat

erS

heds

,w

ater

o<lJ

tdhm

ent

a'rea

lS,

rese

rvod

:rs;

(d)

Land

oons

erva

ifJi

onbh

roug

1haf

fore

sta1

!lon

and

ero

sio

npr

eveI

lltiO

lIl;

(e)

prov

tidi

ngod

:lfiic

es:

off1

ciJa

lho

usin

g,st

ore

s,re

sear

Ch

and

agm

CU

ilttu

ral

sta;

tion

s,de

feno

ean

dse

curi

tyre

-qU

Jire

men

ts;

.r.(f

)fu

rtlhe

I1iIl

Jgsp

ort

,cu

,ltur

e,in

dust

ryan

dto

uri

sm(1

n­dl

udin

gtJh

epr

ovis

ion

ofho

tel's

);

. ..

(g)

"'P'ro

vidd

ng'a

nypU

blic

utJiJ

l1ity

serv

ice;

(Ih

)'pr

oVTi

dJin

gan

yse

rVTw

ew

lhJid

his

inth

ep

ub

lic

inte

rest

or

WrO

II..lld

e.IlJ

h,an

ce'q

OlI'

pro

mo

tena

tiOIl

lal

reso

urc

esan

dpr

ospe

riJt

y;,

."p

ub

lic

.ser

viJt

ude"

mea

ns

ase

rvit

uct€

gl1a

nted

byth

eM

inis

ter

un

der

sect

ion

72;

"pu

bli

cut

iHty

serv

U:c

es"

incl

udes

serV

T10e

lSfo

rtlh

ep

urp

ose

oftr

ansp

ort

and

com

muI

lliO

ClJ

tions

,fo

rtJh

esu

prp[

yof

elec

tT'i­

city

,ga

s,w

aite

ran

dtJh

epr

ovis

ion

O!f s

ewer

age;

"reg

istr

aibl

eti

tle"

mea

ns

tirtil

retJo

lan

din

aru

ral

area

whi

ohh

asb

een

aJ.lo

catte

dflo

rUS

le-

(a)

for

com

mer

oi'aJ

1.o

ri1

ndus

tl1ia

lpu

rpos

es;

(b)

for

pu

rpo

ses

of'a

nac

oles

i:asb

ical

,be

nevo

lent

,dh

arit

-<l

iMe

or

eiduC

<li1

:Jk>n

alin

stitu

ltJio

nof

ap

ub

lic

char

acte

r;(c

)fu

rp

urp

ose

so

fa

hosp

1tai

l,dU

nko

rd

isp

ensa

ry;

(d)

fel'

Fesi

dent

Ji:a

lPUf'I36S€S~

(e)

for

such

oth

erp

urp

ose

astJh

eM

iIll

iste

rm

ay,

byo

rder

,de

clar

e.

-"'-

-0

-"---

"'-_

-.J

vO

..-.J-~

-..

.,-

_..,

-----

"reg

istr

atL

on"

mea

n"

reg

istr

atio

nin

Vhe

Dee

dsR

egis

try;

"rev

oca

tio

n"

mea

nsb

he

revo

ccL

tion

of,

or

dero

gaM

onfr

om,

anal

loca

tion

mad

eu

nd

erP

art

II;

"ru

ral

area

"m

ean

san

area

whi

chis

no

tan

urb

anar

ea,

ase

leo

ted

dev

elo

pm

ent

area

or

ase

lect

edag

r,ic

ultu

ral

·are

a;"s

dlea

ted

cugl

icuJ

l,tur

aJar

ea"

moa

nsan

area

set

asid

eu

nd

erse

ctJ1

0n50

for

the

deve

,lop

mon

tof

agri

cuL

ture

bym

od

ern

fCl)r

min

gte

dhni

ques

;.

"sel

ecte

d.d

evet

op

men

tar

ea"

mea

nsan

area

set

WSl

ide

un

der

sect

ion

44

for

-.

(a)

dev

elo

pm

ent

or

reco

nstr

ul.'i

i'on

ofex

.isti

ngly

uilt

-up

area

s;(b

)o

on

stru

dio

no

rde

velo

pnl,C

ntof

new

resi

dent

ial,

com

mer

dia

lo

rll

ldus

tria

J.ar

eas;

(c)

read

just

mel

.1lt

ofb

ou

nd

arie

sfo

rth

ep

urp

ose

sof

tow

np.

l!anI

lJin

g;"s

orvi

tude

"m

ean

sa

rig:

htal

ladh

c-d

toa

par

ccl

O'f

l,and

wh

ich

isth

esu

bje

ctof

ale

ase

eiU

hcr

tou

seob

her

Lan

din

ap

arti

cula

rm

a:Im

ero

rto

rest

r10t

its

use

toa

part

icuN

u:ex

ten

t;"s

tatu

tory

cond

iJU

ons"

inre

laL

ion

toa

leas

em

ean

sth

est

atu

·to

ryco

ndit

ions

list

edin

the

Fir

stS

ched

ule;

"tiJ

tle"

mea

ns

ana1

Jloo

abio

nof

,land

oo

dert

his

Act

or,

Whe

rea

leaJ

Seo

rli

cenc

eis

gra

nte

do

ris

sued

un

der

this

Act

,su

chl,e

ase

or

lrice

nce

,an

din

reLa

rtTho

nto

rig!tu

tsin

lan

deX

listin

gat

tJhe

com

men

cem

eIll

tof

tJhIi:

sA

ct,

mea

ns

ana1

­10

oatJ

k>n

mad

eb

yth

ep

rop

erau

tlhio

rity

or

the

tran

sfer

ofan

a1Jlo

ca1:

'ion

oons

ente

dto

byth

ep

rop

erau

tfuo

rLty

;"T

dbun

aJl"

mea

ns

1:Jhe

Lan

dT

r.ib

unal

esta

blis

hed

un

der

sec­

tio

n64

;"u

rban

area

"m

ean

san

area

spec

ifie

din

the

Sec

ond

Soh

edul

eas

def

ined

byth

eM

iI1l

iste

ru

nd

erse

ctio

n19

;"U

rban

Lan

dC

om

mit

tee"

inre

1a1!

ion

tola

nd

inan

urb

anar

eam

ean

sth

eco

mm

ttte

ees

tabL

ishe

dfo

rth

atu

rban

area

inac

cord

ance

wit

hse

ctio

n24

.n

_'JD

C-

-Vl\'~

dE?\I~r\I\J.tLJ-"-O~(

PA

RT

IIn

alie

nab

ilit

yo

fla

nd.

and.

po

wer

tog

ran

tti

tles

tola

nd.

3.(l)

IJan

din

Les

otho

isve

s-te

dab

solu

tely

and

irre

voca

b­ly

inth

eB

aiSO

tfuo

Nat

ion

a...d

ish

eld

byth

e~,

asre

pre

sen

tati

ve

of

the

Nat

ion.

11CCil

-a-(2

)A

sa

coro

llar

yto

the

pri

nci

ple

staJ

ted

insr

uose

etio

n(1

)no

per

son

,o

ther

thanth~Shall

ho

ldan

yti

tle

tola

nd

exce

pt

asp

rov

ided

for

un

der

cust

om

alla

wo

ru

nd

erth

isA

ct.

1_

,....

,,.

I.J~,

Fir

stS

ched

ule

>.

Sec

on

dS

ohed

ule

. "

Lan

dve

sted

inB

asat

hoN

atio

n

(b)

inre

spec

tof

l'and

tow

hich

Par

tII

Iap

plie

s,be

mad

e·to

the

Sec

reta

ryof

the

Urb

anL

andComm~t­

tee

haV

iing

]'ufl

isdi

dbio

n.in

Fo

rm"B

"in

tJhe

Th

ird

~"

~.S

ched

ule.

vpc-

(2)

Th

edh

aJil'

ll1'an

of

the

Lan

dC

omm

itte

eor

,as

the

case

.m

ayhe

,1!

hese

cret

ary

ofth

eU

rban

Lan

dC

omm

itte

esh

alH

noti

fy.t

he

app

lica

nt

ofth

eda

te,

tim

ean

dpl

ace

ofhe

,ari

ngof

his

app1

i:ca­

. tio

nan

dth

eap

plli

cant

si\1,

allb

een

ti1Jl

edto

app

ear

and

mak

ere

pre­

sen

tati

on

so

rS

Ubm

issi

ons

insu

pp

ort

o£hi

sap

plic

atio

n.(3

).T

he

deci

sion

on

any

appl

i.cat

1ion

shal

lbe

inw

riti

ng

set­

; i':!

tin

gfo

rth

adeq

uat

ely

the

gro

un

ds

upon

whi

chlit

isgi

ven.

''"''~

..~

,.-

,(4

)W

iher

ea

deci

sion

inre

spec

t'Ofla

nd

-;.

(a)

whi

dhi,s

lihe

sub

ject

ofa

regL

stl'a

ible

titl

e;o

r'.

Cb)

<toW

lh1iC

hB

art

III

appJ

i,es,

v.D

C-

, is

favo

urab

le,

tlhG

"'dh

airm

anof

the

Lan

dG

Siff

imitt

ee,

wh

ere

para

­'g

rap

h(a

)ap

ph

es,

or

the

secr

etar

yoi

fth

eU

rban

Lan

dC

omm

itte

ehJ

aViin

gjU

J1is

diot

ion,

inth

eca

seof

·~aTagraph

(b),

shal

lfo

rwar

d2"

.to

tJhe

Com

:mis

Slw

ner

ace

rti!

fiic

ate

inF

orm

"C2"

or

"C3

"in

the

Th

ird

Sdh

ed.u

leas

aJP

Pl'o

pria

te.

;';i

;~

·...2

,f6.

(1)

itle

ex

cep

t-

(a)

(b)

966

~67

Cc)

..~~:

Hi

iy~

(d)

App

lica

tion

Par

t11

Cer

tain

titl

esno

n-re

gist

r­ab

le

;0 tIes n g non

Its 'art

s[I \0

"

(3)

Whe

lre

the

cust

omar

yla

wis

inco

nsis

tent

wilt

Jhth

isA

ct,

this

Act

shaU

preV

iaJiJl

.

I,1'

::.T

he

po

wer

tog

ran

tti

tles

tola

nd,

tog

ran

to

rcr

eate

ser-

vitu

des,

tore

voke

or

der

og

ate

from

anal

loca

tion

mad

eu

nd

erI

Par

tH

,to

term

inat

eo

rre

voke

ale

ase,

lice

nce

or

serv

itu

de

is.t.

ves<

ted

inth

e,K

ing,

ash

ead

ofSt

aJte

,in

tru

stfo

rth

eB

asot

hoN

atio

nan

d~l

be

exer

cise

das

prov

ided

fo:!'

un

der

this

Act

.5.

(1)

App

liic

atio

nfo

rg

ran

tso

fti

tle

slh

aill

-(a

)in

l1es

peot

of 1

and

tow

hicJ

hP

art

ITap

plie

s,b

em

ade

toth

ech

airm

ano

ftJh

eL

and%

lt1l

ILit

ttee

havi

ngl"

jUJ:1

iS<u

.ctio

nin

Fo

rm"A

"in

the

Thi

rdS

ched

ule.

No

per

son

Sh!a

Jllbe

capa

hle

of h

oldi

nga

tLtl1

eto

~and

aci

tize

nof

Les

otJh

o;1f

ueh(

JIld

erof

'ap

erm

itfo

rin

de.t:

1ini

teso

jou

rngr

an­

ted

un

der

sect

ion

6of

tihe

Ali

ens

OoI

1tro

llA

ct19

66;

aoo

mpa

nyin

corp

ora

ted

or

I1eg

iste

red

un

der

the

Com

pani

esA

ct19

67an

d.ca

rryi

ngon

busi

ness

inLe

sO!tJ

hoan

dof

whJ

iah

am

ajor

1ty

Siha

re.;h

oldi

ngof

atle

ast

51'1

0'is

,an

dre

mai

ns,

atCl!

llti

mes

inth

e·h

ands

ofci

tize

nsof

Les

otih

o;a

com

pany

inco

rpQ

J:1a

ted

or

reg

iste

red

un

der

tJhe

Com

Dan

ri.es

AM

'1

0R

7<

l ....

. r1

n<

l,..",,;~

n~~

...,,~;-

---

:-

Les

otho

ofw

hich

am

ajo

rity

shar

cho

ldin

gis

held

byno

n-ci

tize

nsoJ

:L

esot

Jho,

bu

ton

lyin

rela

tio

nto

land

held

bysu

chcQ

mpa

nyat

~he

com

men

cem

ent

oftih

itsA

ct;

(e)

aco

rpor

atio

nes

tahH

shed

un

der

Les

ouho

law

;(f

)a

par

tner

ship

ofw

hidh

the

maj

ori

tyof

tJhe

par

tncr

sar

eci

tize

ns0'£

Les

otho

;(g

)c(

)ope

l~ab

ive

soci

etie

s,fr

iend

lyso

det

ies

and

any

soci

ety

or

body

ofpe

rson

s,o

ther

Ura

na

com

pany

or

A20

of

1966

part

ller

Sih

ip,

reg

iste

red

un

der

the

Soc

ieti

esA

ct.

1966

;('h

)su

bje

ctto

tJhc

appr

oval

oftJh

eM

inll

iter

,co

mm

on­

wea

lth

or

fore

ign

gOV

CrIU

11en

Go

rpu

hLic

inte

rna­

tion

alor

galll

lsat

Jion

sfo

rj}

urpo

sc,s

re,L

evan

tto

aeti

vi­

ties

appr

oved

byth

eG

over

nmen

t0.£

Les

otho

or

toth

eir

mis

sion

sin

Les

otho

.(2

)S

ubse

oLio

n(1

)sh

all

nOlt

be

con

stru

edas

pr(J

Ihib

itin

gan

ype

rson

c1i.s

qual

iHed

un

der

,itfr

om

holc

Lin

gan

yri

gh

tsu

bsid

iary

toa

leas

e,in

clud

ing

asu

bJ1c

ase

or

mo,

rtga

ge,

sub

ject

toth

eco

nsen

tof

the

Min

iste

rbe

ing

ob

tain

ed\v

lher

eso

req

uir

edu

nd

erth

isA

ct.

PA

RT

IIL

and

hel

du

nd

eral

loca

tion

7.T

his

Par

tap

ph

esor

illy

tola

ndin

rura

lar

c'as

.8.

(1)

Sub

ject

tsu

bsec

ti'o

n(2

)an

dse

ctio

n11

,a

gra

nt

ofti

tle

un

der

this

Par

t,if

mad

ein

resp

ect

ofla

nd

whi

chis

no,t

the

sub

ject

0.£a

reg

istr

able

titJl

e,~haU

no

tbe

tran

sfer

able

and

shal

l,su

bje

ctto

the

cond

iUor

..sla

iddo

wn

inth

eal

loca

tion

and

toth

ep

ow

ero

fre

voca

tion

,en

titl

eth

eal

lott

eeto

use

or

tous

ean

doc

­cupy~e

lan

dfo

rti

lepu

rpos

est

ated

inth

eal

looa

tion

for

ape

riod

wh

im~OIG-

'70

~£.L

Oc..

-=>

ArJ

o7

'7I'a

C-

r'.£

r..:

5<;y

v'7

0c.

./Se

:-(a

)in

the

case

ofa

body

corp

ora

te0'

1'u

nin

corp

ora

tem

aybe

ali

mit

edo

rin

def

init

epe

riod

;(b

)in

the

case

ofan

indi

vidu

crl,

may

bea

lim

ited

pe­

riod

or

his

life

tim

eb

ut

shal

ln

ot

end

ure

beyo

ndhi

sli

feti

me.

(2)

No

ith

stan

din

gsu

bsec

tion

(1)~erean

allo

ttee

ofla

nd

refe

rred

Lhe

rein

.es,

the

chai

rman

ofth

eL

'C

omm

itte

eha

ving

jur~

ict.

ion

shal

lre

din

his

reg

rste

rth

epa

s.

e:of

the

intr

est

inth

ei-a

.nd

ofth

ede

ceas

allo

ttee

to-

the

firs

tm

wle

'ue

ofth

ede

ceas

edaH~e

(who

.11

shar

ew

H,h

hIS

'un

ior

bro

ther

sin

acc6

:Nl<

!..nc

ew

itI

ead

vice

of

the

ily)

unle

ssth

ede

cea

allo

ttee

dd

esig

nat

edot

heis

e;tb

)w

her

ep

ara

)!h(a

)do

esn

ot

1y,

the

per

son

no

min

ated

ast

eir

of

the

dece

asa:

llot

tee

byth

esu

rviv

ing

mem

'Sof

the

dece

aser

'lott

ee's

(

.',"', jf

~l"~

:1~1

erta

in,

titl

es19

istr

able

,:.".,

I

ii'

;qr'

"

~J

.

llve

rsio

nof

()C

atio

ns

f':iJ

Ji

'W~

'11'

.t-r;;

-C··

l

ler

rura

ld

hel

dle

ra

leor

nee .,

''-1

,I lw'"

~,~-·U'i

~\,-i.

!!A

' 1r'

eati

ngol

'ity

J

(c),

'ep

arag

rap

hs(~

~r1

(b)

dono

t'ly

wit1

1in

twel

vent

hsfr

o~1t~te~he

deal

.th

e"

allo

ttee

,th

ete

,'

".'

(3)

No

twit

hst

and

ing

sub

sed

ion

(2)"F."'!lMr'AYifl~"'S~'6l"e@'

81"

a!T

Iino

rch

l'l,d

ofth

edecease~,ottee

shal

lbe

ej'lt

iDle

dto

rem

ain

ill

occu

patI

On

ofth

ela

ndal

la,

ted

toth

edc

c~..

a.s2

clal

lott

eeu

nti

lh

isow

n~eceas~~

NJc

L.

,-I/

Rte

IS~rs-hf;:l.ee.

no

C-r

9.,(

1)

Wh

ere

ag

ran

tof

titl

eu

nd

erth

isP

art

rela

ted

tola

nd

whi

chis

the

sub

ject

ofa

reg

istr

able

titl

e,th

eal

lott

eesh

all,

wit

hin

six

mo

nth

saf

ter

the

dat

eof

the

::l!l

ocat

ioll,

appl

yto

the

Com

mis

sion

e,r

for

ale

ase

and

suah

leas

esi

lali

,in

all

resp

ects

have

effe

ctas

ifit

had

bee

ng

ran

ted

un

der

Par

tH

I.(2

)W

her

eth

eal

lott

eefa

ils

toap

ply

toth

eC

omm

iss'

ione

rin

acco

rdan

cew

ith

subs

ecti

on(1

),th

eC

omm

issi

oner

shal

lse

rve

noti

ceup

onh

imso

toap

jJly

and

ifhe

fail

sto

doso

wit

hin

thre

em

on

ths

ofth

eC

omm

issi

oner

'sno

tice

,th

eg

ran

tsh

all

beo

fno

effe

ctan

dth

ech

airm

an,o

fbh

eIJ

and

Com

mit

tee

havi

ngju

risc1

Jic­

tion

,on

bei

ng

advi

sed

by1;

heC

omm

issi

oner

ofth

eal

lott

ee's

de­

faul

t,sh

all

eras

efr

om

the

reg

iste

rsp

ecif

ied

inse

ct'io

n17

(2)

the

entr

yre

lati

ng

toth

eg

ran

t.

10.

(1)

All

ocat

ions

0:£la

nd

mad

ep

rio

rto

tr.e

com

men

ce­

men

to

fth

isA

dsh

all

bede

emed

toha

vebe

enm

ade

un

der

t!J1Ji

sP

art,

(2)

Are

gL')

tmbl

eti

tle

held

atth

eco

mm

ence

men

tof

this

Act

shal

lb

eco

nv

erte

din

toa

leas

ean

dse

cti o

ns29

and

31sh

all

app

lyto

the

ho

lder

ofsu

ohti

tle

,,1iS

they

appl

yto

ap

erso

nho

ldin

gti

tle

un

der

sect

ion

28(1

).

11.

(l)"

"Wh

enev

eran

allo

ttee

ofla

nd

used

for

agri

cU'lt

ural

pu

rpo

ses

is,d

esir

ous

of

hold

ing

,;his

lan

du

nd

era

leas

e0'

1'l'i

cenc

eu

nd

erth

eco

ndit

ions

rela

tin

gto

lan

dhe

ldu

nd

era

leas

eo

rli

cenc

e,h

e'm

ayap

ply

totih

eC

omm

issi

<m

erfo

rth

eis

sue

ofa

leas

eo

rH

­ce

nce

inre

spec

tof

that

lan

d.

(2)

Th

eC

om

mis

sio

ner

shal

lln

ot

issu

ea

leas

eo

rli

cenc

eon

the

appl

ica1

:ion

of

ancr

llot

tee

unle

ssbh

eal

lott

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lan

dsa

tisf

ies

the

conc

htio

nsw

hic

hth

eM

inis

ter

may

byno

tice

inth

eG

azet

tede

­te

rmin

ein

res,

pect

ofth

eus

eto

whi

chth

ela

ndis

pu

tan

dth

ele

vel

ofd

evel

op

men

tW

hich

the

Joan

dha

sat

tain

edo

ris

inte

nd

edto

attJ

ain.

(3)'

An

yal

lott

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grie

ved

byth

ede

cisi

oll

ofth

eC

omm

is­

sio

ner

un

der

t1110

sse

ctli

onm

ayap

pe'a

lw

ithi

nth

ree

mo

nth

so

fth

ed

ate

oL

the

deci

sion

toth

eT

rib

un

alw

hose

deci

s.io

nsh

all

befi

na'l.

12.

(1)

Subj

e.cj

;to

subs

eoti

on(

hep

ow

erto

gra

nt

titl

eto

dsh

all

be

exer

C1:

sb

ym

ajo

rity

deo·

'n

ofth

eL

and

Oom

­m

Ltt

eeta

blis

lhed

for

the

ao

fju

risd

icti

on,

whi

chth

eC

hief

hav

h,g

ju

r'c

tion

slhai

Hb

ech

a''a

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xof

fici

o"0'

'Sud

ho

ther

Lan

dC

om

mit

t'S

the

Min

iste

rm

ata

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nd

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.n

18,

,(2

)<N

otw

ith

std

ing

subs

'edi

on(1

).,

enev

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np

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9£'r'~gulations

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;

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ew

ith

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ctio

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and

Co

mm

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esi

. In

ot

exer

ci:s

eit

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gran

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toc'

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indu

stri

al1

purp

oses

unle

ssit

shaH

hav

ef,

irst

e.fe

rred

tlhe

appl

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'ill

toth

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ter

0sl

h,al

l''O

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seek

1Jh

adv

ke

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rC

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erce

cfiM

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Min

iste

rf

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and

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vi

toth

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ter

ith

tile

min

imL

Ul1

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d,ID

any

oase

,n

ot

la:

rtJ

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six

wee

kste

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ed

ate

on

w'

11hJ

isad

vice

was

sou

gh

tby

1eM

inis

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(5)

Ag

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shal

lb

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no81

ffec

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13.

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Th

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ply

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spec

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the

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liis

ter

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esta

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etL

on18

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LL

CX

Y=

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A4

-AU

T1i

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(2)

Bef

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ru

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ersu

bsec

tJiO

ll1(1

)th

eC

omm

iJt't

ee51

hall,

thro

ug

hit

sch

aljt

'man

,gi

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t 'le

ast

30da

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wri

ll­te

nn

oti

ceto

tlhe

pers

olIl

affe

oted

ther

eby

of

its

inte

ntio

lIl

todo

so.

(3)

'I1he

noti

cere

ferr

edto

un

der

sub

sect

ion

(2)

shaW

l set

ou

tde

al!'l

ytlh

eg

rou

nd

sup

onw

hioh

tJhe

aill

ocat

ion

isto

he

revo

ked.

(4)

Th

eno

tice

shal

lbe

dee

med

toh

ave

bee

ngi

ven

1fse

rved

ina'

ccor

daill

cew

ith

sect

ion

86,

14,

(1)

Wh

ere

iJtis

nec

essa

ry'in

bhe

publ

:iciJ

Ilte

rest

tose

tas

ide

for

publ

icpu

rp'o

ses

,am

oca1

Jed

Ilan

dw

hich

isn

ot

the

sub

ject

of

are

glst

r3lb

leti

tle,

the

Min

Iste

r,,R

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rco

nsll

'ltat

ron

wit

hth

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lO

hief

haV

ing

jUl~lsdictionall1d

up

on

orbt

aiilI

ing

tJhe

Kin

g's

asse

nt,

sih'3J

llby

n<Y

tice

inth

eG

azet

te,

deol

are

the

[an

dto

be

SI<>

1'8­

qUir

ed.

(2)

11he

Oom

mis

siol

Iler

slha

ll,U

!pon

puih

licat

iJOIl1

(}If

ade

clar

a­ti

on

nortJ

ice

issu

edU

IlJde

rsu

bse

ctio

n(1

),fo

r.L

hwith

sen

da

copy

tihe

reof

to1J

hech

aJ1r

man

oftJh

eL

land

Oom

m'it

tee

lhav

,ing

juri

sdk

­H

ion,

and

the

chai

rmar

ns~all

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peru

pon

oarn

ceJ

the

allJ

.oca

tJro

nm

ade

IDre

spec

to

ftJh

el!a

rnd

sub

ject

totlb

en

oti

cean

dsh

aUs'

erve

are

vo­

oab

on

not1

ceup

on'tih

Jea:

llOltt

eeim

.th

em

aJ11

ll1:er

pl'e

scrj

'bed

inse

c­1J

Lon

86re

qu

esti

ng

him

tov:

acat

eth

e~and

by

ad

ate

nat

J:at

erth

an

s'ix

mo

nth

sfr

om

the

dat

eo

fpu

bUJic

atiO

ll1ol

fth

ede

clar

atio

lIl

noti

ce.

(3)

No

twit

hst

and

ing

,any

def

ault

00

.th

epa

ll,t ,

oft!h

e,c

ha'i'

rman

inoo

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wit

hsu

bse

ctio

n(2

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1'an

yir

regu

Lar

ity

inth

ese

r­vi

ceof

tJhe

revo

caIt'

io(l1

noti

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y31

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Cliti

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edu

nd

ersu

bse

ctio

n(1

)sih

ailll

be

dee

med

toh

ave

bee

nre

vo

ked

asif,

mm

tihe

date

(}If

the

de­

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nno

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,an

dth

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db

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dat

e...

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Rev

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l

Rev

ocat

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ongr

ount

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pu

bli

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tere

st

(a)

pre

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bin

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eaU

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atlo

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1m

ayb

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ade

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ilie

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they

may

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nwhi~h

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inw

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lb

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the

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hcm~Ulner

inw

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lex

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..,.it

spo

wer

su

nd

erth

isP

art;

a.t

'{o~~~

(b)

spec

ifyi

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eg

rou

nd

sO

llw

hich

and

the

circ

um­

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ces

inw

hich

the

Min

iste

rsh

all

give

dir

ecti

on

un

der

sect

ion

12(~c~~-~

(cj

esta

bli

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gb

an

d~t~esill1d'

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vid

ing

fo~"

"c:::

.)L

heir

com

posi

tion

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nio

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du

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this

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PA

RT

III

1.G

rant

ofti

tle

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ndIn

urb

anar

eas

21.

(1)

Su

bje

ctto

sect

ion

22,\VIhel~

lan

dis

avai

la'b

J:e

for

aA

dv

erti

sig

ran

tof

titl

e,ti

leC

omm

ilS

sion

ersh

a11

publ

iciz

eilh

efa

ctby

no

tice

ofpl

ots

inth

eG

azet

tean

din

an

atio

naJ

new

spap

er.

(2)

Th

ead

ver

tise

men

tn

oti

cesh

all

-

(a)

stat

ew

heth

e:r

the

lan

d:is

'avat

illaJ

ble

for

leas

eo

rli

­ce

nce;

(b)

con

tain

asu

ffk

ien

td

escr

ipti

on

of

tihe

lan

dto

.en

­ab

leit

sid

entif

Jica

Jbio

n;(c

)g

ive

part

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llar

sOt

fth

ep

erm

itte

dla

nd

use,

the

gro

un

dre

nt

or

fee

pay

able

,W

lher

eap

pro

pri

ate,

and

of

the

amo

un

tto

be

patid

for

tJhe

imp

rov

emen

ts(i

fan

y)

mad

eto

the

lan

d;

(d)

inv

ite

mem

ber

so

f11

h.ep

ub

lic

tolo

dg

eap

pli

cati

on

sw

ith

the

secr

etar

yo

fth

eU

rban

Lan

dO

omm

itte

eb

ya

spec

ifie

dd

ate.

20.

Ag

ran

tO!

fL

ttie

tola

nd

un

der

fuis

Part

sha1

l1en

titl

eth

eL

ease

org.

mnt

eeto

ho

lda

leas

e0.

1'U

oenc

e.lic

ence

19

,(l

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Ills

Pal

1ap

pl'i'

esto

the

gra

nt

oft11

:U:e

tola

nd

inan

Ap

pli

cati

lu'b

anil

l'ea.

ofP

art

1

(2)

Th

eM

inis

tel'

shal

l,by

no

tice

inth

eG

azet

te,

defi

netID

eb

ou

nd

arie

sof

each

of

the

urb

an'a

re'a

sli

sted

inth

eS

econ

d:::

lche

-du

le.

(a)

'any

caJll

JceH

attiJ

onre

suJt

Jing

fro

mth

eap

pllic

aNo'

l1o

fs'

ecti

on9

(2)

;

(:b)

any

rev:

o·oa

ttion

mad

eu

nd

erse

ctJi

on

13o

rm

ade

pu

r­sU

Jant

toa

ded

:ara

tio

nno

ibio

eis

sued

un

der

sect

ion

14

(1)

Olf

resu

ltin

gfr

om

the

lo&

so

ftJ

itle

by

vir

tue

ofse

ctio

n44

Olf

50.

(c)

any

del'o

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1:io

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ing

fro

mth

eg

ran

tb

ybh

eM

inis

ter

<Xfa

publ

,icse

rvit

ud

eu

nd

erse

ctio

n72

.18

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hf'

M'in

li:s

tpr

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iah

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end

ors

etn

ere

on

-'

rrl,.

.i.I·

J

'.App

eals

qom

I;>en

sa-

15.

Wih

ere

an'aM

ocar

tJion

has

bee

nre

vo

ked

purs

uanJ

tto

ade

­t~

onillear

clar

atio

nno

tice

issu

edu

nd

erse

ctio

n14

(1)

and

wh

ere

the

allo

ttee

~nJ;~~~~~.

'has

mad

ela

wfu

llim

pro

vem

ents

on

t1he

l'Mld

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'ect

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el'e

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amo

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ue

of

1Jhe

imp

rov

emen

tsa

nd

such

com

peru

s.at

ion

shal

lb

e,

a'8'Sess:~

inC

lJCoo

roan

oew

ith

secl

Ji.o

n56

.(;

Ir)

arfo

c:n-

b~;t)

16

/'(1

)A

per

son

agg,

r,ie

ved

by

ade

ohs:

10no

dL

aB

dO

gm

mllt

tee

petfH

Bia:l

gto

gra

ntl

atJ

itle

to~a!REl

Sa"F

evs1

2isH

gan

aliL

89at

.iloo

o,tfu

er­

wis

eth

anu

nd

erlS

:ect

iWt

14,

may

aWea

Jto

the

nSK

tss

moF

Ltm

QC

(:M'l'l

lfflft

tc6:~

<q'J

,CbU

...l"'/a

.fI.(2

)~o

app

eals

hal

lH

eun

.der

tlhd'S

sect

ion

wh

ere

-C

a)rth

el'e

fus1

aJl

tog

ron

t'is

:inac

cord

ance

wit

hth

edi

rec­

tiJol

nsis

sued

by1J

heM

inlh

ster

un

der

sect

ion

12(2

);

or

(ob)

t:h:e

gro

un

dof

appe

la!l

does

nOlt

invo

llve

.aqu

est1

0n0

ofla

w.

tdJt..~tL

0/~

IkbG

u<-tL

I(3

)N

OIti

ceof

an'ap

pea1

lsi

haH

h<~{iven

liJn

Fo

rm"D

"in

tih.e

Th

ird

So'

hwul

ean

dID

atll

belodg~httg!ft

1lfte

ooa!

irfft

an,

wit

htn:

J;sLa

a:l.d

CG,R

uIld

Jtteeag~t

wt}:1

4oh

QsO

O;'io

o~he

appo

ad.

15m

adQ

,w

ithi

n30

days

of

the

dedi

:siQ

no

r,in

1fu.e

case

ofa

revo

oatl

ion,

of

the

noti

!ce

tJhe

reo[

'iss

ued

un

der

slec

tJio

n13

(2).

W~thin

sev-

:cn

Otl

'ece

1ipt

of

the"

.oe

of

appe

ail,

tlhe

dhal

irnl

aJli

cau:

sea

reoo

he

proc

eedi

ngs,

tog

eth

erw

l1Jh

ast

Jarte

mol

fth

eg

rou

nd

s0

ere

fusa

J.to

gra

n'e

to[·

and

011'

fur

tihe

rev

o"0

0to

befi

orw

arde

1Jhe~iTInan

of

Lan

dC

om

EE

mi

reto

whl

i'

eap

pe,a

llie

s.(5

)ehe

al'i

ng~a

ppeC

lil,

the~ant\SI~

en-

tttl

edto

app

ear

arg

ue

-hiis

apP

eal.

••--

-....

...

atJo

e.cr.-

S~~

17.

(do-

)'r

he

dhaJ

irm

an'of

the

Lan

d~i

tt:e

ew~

gra

nts

at'i

lble

toIl:

and

Slha

J1l

ilSSu

e01

1'0a

use

tob

eis

sued

toth

eal

'lott

eea

cert

ific

ate

wh

ich

shal

lb

eei

ther

inF

orm

"Cl"

or

"C2

"in

the

'Ilhl

lird

Sch

'edu

le'as

.aJPp:ropIiiate~·

\.oirC

Cd.

.-.It

'

\,.." I';,'·

,

li'o

nn,"

D"

Th

ird

Sch

edu

le

\'l

':;

,I

.eQ

'tll

"Hn

n<

:

"l

Fon

D"E

"rh

ird

:;C

hedu

le

dert

ific

ate

'lifJ

allA

catio

Dan

drr

egis

ter

Form:~'C1"

"C2"

'c':o

IT

hir

dS

ched

ule

(t~1't

'~it

'1' .

..

,,"k

:'. ;Y

'\'

Adv

erse

clA

ims'

l!"rr

!nj ..

:l!'~:,,:.

;:'~i

~lt

ri,<

~uthority

togo

rant

titl

e

r'tl

'l')

•

i{M

:,::

'"

pu.r

pose

so

rw

here

land

whi

ahha

sb

een

'hel

du

nd

erti

tle

or

wh

ere

Land

wlh

idh

has

bee

n!h

eld

un

der

Htl

eo

ris

no:l

onge

rre

qUli

red

for

, ,Pu

blic

purp

oses

b-ec

omes

ava:

ilaih

lefo

ra

new

gra

nt,

the

Oom

milS

­·'s

ion-

erm

ayis

sue

anim

l1iiJ

ati.lQ

nto

ten

der

no-t

ire

inth

eG

azet

tean

din

ana

tiona

il.ne

wsp

aper

Whi

dhnO

ltioe

shal

l,o

ontc

cin

the

part

icu1

ars

spec

if1i

edin

sect

ion

21(2

)1W

Ilid,

whe

reap

prop

r.i!

a!te

,tJhe

amo

un

to

ftih

ei}

ow

em

pre

miu

mac

cept

able

asco

nsid

erat

ion

for

1ihe

gran

t.'r'-

(2)

Wh

ere

tJhe

Com

mi!

ssio

ner

acts

jnac

cord

ance

wH

Jhsu

b-se

ctio

n(1

)su

bsec

tion

s(3

)(4

)an

d(5

)of

sect

ion

26sh

all

appl

y.

23,

(1)

Any

'Per

son

clai

min

gti

tle

tola

ndaf

fect

edby

ano

tice

issU

Jed

un

der

sect

ion

21(1

)o

r22

(1)

may

,w

iJt!h

ino

ne

mo

nth

from

1Jhe

dat

e<J

.fpu

bl1i

.mtio

nof

the

noti

ceID

the

Gaz

ette

,lo

dge

acl

aim

tosu

ahla

ndbe

fore

bIle

Tri

buna

il.

(2)

11he

cler

kof

the

Tri

ibun

aJsh

aJl

noti

fyth

eC

omm

hssi

oner

fortJ

hwitJ

hof

any

olCl

Jimlo

dged

un

der

subs

ecti

on(.

1).

(3)

Unt

ilde

te.r

min

3Jti

onol

fth

ecl

a'im

by(J1

eT

ribU

Jlai

l.o

rby

Lh:e

Hlg

thC

ourt

ona:

ppea

J.fr

omth

eT

ribu

nal,

appl

icat

ions

anre

s­pe

cto

fth

ela

nd

sub

ject

toth

ecl

aim

s!ha

llre

mai

nin

abey

ance

,(4

)W

her

eno

clai

mha

sb

een

:lod

ged

wit

hin

the

peri

odsp

e­ci

fioo

ill

subs

ecti

on(1

),an

yg

ran

tm

ade

un

der

this

Par

tco

nvey

sth

ele

gal

rig

ht

tous

ean

doc

eupy

vhe

1and

subj

ect

toan

yri

giht

sa

nad

vers

edl

laJ.

man

tm

ayha

veto

paym

ent

ofco

mpe

nsat

ion

for~awful

imp

rov

emen

tsm

ade

byh

imto

the

land

.24

,(1

)ll

he

pow

erto

gl~t

titl

eto

land

un

der

this

Pa

rtsh

ailil

be

exer

cise

dby

majority"~dsion

ofth

eU

rhan

.La

m.d

Com

­m

itte

eh

avin

gju

nis:

clili

ctio

nun

til

such

tim

eas

any

oth

erlM

dau

tJho

-r1

tym

ayb

e,B

Stab

l:is!

hed.

: ..

(2)

Th

ere

shaM

bean

Urb

anL

,md

Com

mit

tee

for

C'<lJc

hu

rban

aroa

whi

!ch

Com

mit

tee

shaJ

llco~J.sto

f-

(a)

the

Prtin

cip-

alC

hie

Jhav

ing

juri

<;d

icti

on, a

s0l

131i

:rman

;(b

)th

eO

omm

issi

oner

or

his

auth

oris

edre

pre

sen

tati

ve;

(c)

the

Dis

tric

tA

dmin

istr

ator

,o

rwl1~re

aT

o,w

nC

lerk

has

bee

nap

poin

ted,

the

To'

wn

Cle

rkfo

rth

ere

lev

ant

UJ1b

anar

ea,

wlh

oSlh

all

be

the

secr

etar

yo

fth

eC

om­

mit

tee;

(d)

thre

eot

iher

pers

oaliS

appo

inte

dby

the

Min

L'5:

ter.

(3)

Tlh:

cC

omm

issi

oner

shal

lcaus(~

tohe

pUbl

ishe

din

the

Gaz~tte

noti

fica

tion

Oif

the

com

posi

tion

of

Urb

anL

and

Oom

mit

­te

e,.c

;.

(4)

Am

eeti

ng

ofan

Urb

anL

and

Com

mit

tee

Cvn

cern

euw

Hil

any:

appl

icat

ion

rela

tin

gto

la:u

dw

itlhi

nit

sju

riS<.

l.i0t

ioll,

sha.I

:J.b

e00

11­

ven.

edby

the

secr

etar

yClJ

Sso

onas

prac

tica

ble

afte

rth

esp

eoif

iied

dat

efa

rth

elo

dgin

gof

appl

icaL

ions

,re

ferr

edto

inth

ead

vert

'ise­

men

tno

tice

is,<;

uco

lIn

cl"

r~,

(\.(

'jj,

~1T"

l')

1",.

;nfh~

;n,,;+~""···

<-.--~-_.

trysh~

forw

ard

:yan

d,1J

na

ny

hiis

advi

ce

toth

eap

plic

atio

n,th

ete

lid.

er,b

efol~o:wed.

26,

(1)

Whe

re,

inre

spon

seto

anad

ver

tise

men

tno

tice

is­

sued

unde

,rse

ctio

n21

,th

ere

iJsm

ore

than

on

eap

plic

atio

nin

:res­

pect

O!f

any

ava:

ilab,

lela

nd

'and

ther

ear

en

og

rou

nd

so

rcO

Th9i

dera

­li

ons

for

deci

ding

infa

vour

01[

any

on

eap

rpl1

i.can

t,tJh

eU

rlbM

Lan

dC

omm

itte

esh

aJIl

call

for

tend

ers,

(2)

Th

ese

cret

ary

of1l

h.eC

omm

ittJ

eesh

.all

oaU

JSe

ten

der

noti

­ce

sto

be

pUbl

,islh

edin

tihe

Gaz

ette

ill1d

ina

nati

onal

ne,w

spap

erin

­vi

ting

ten

der

sto

helo

dg,e

:cl w

itlh

him

.

(3)

As

soon

aspr

acti

cabl

eaf

ter

the

spec

ifie

dd

ate

refe

rred

to!i

nan

invi

tati

onto

ten

der

nob.

uce,

tlhe

Urb

anL

and

Com

mir

ttee

Shai

1lco

nsid

erth

ete

nder

s,

(4)

Wh.

ere

tend

el's

re~ate

toth

egr

anrt

00tH

iLe

tola

nd

for

com

mer

cial

or

ind

ust

rial

purp

oses

node

cisi

onsh

all

beta

ken

exce

ptaf

ter

refe

rral

ofth

eap

plic

atio

nto

the

Min

iste

rin

ac­

cord

ance

wit

hse

ctio

n25

.

(5)

SU

bjec

tto

any

reg

ula

tio

nre

lati

ng1:

Jler

erto

the

Urb

anL

and

Com

mit

tee

shaJ

Jn

ot

bebo

und

toac

cept

1Jlre

high

est

or

any

tend

er.

27.

(1)

Wh

enev

era

deci

sion

tog

ran

tti

tle

tola

nd

un

der

this

Pa

rth

asb

een

take

n,th

ese

cret

a'ry

of~he

Urb

anL

and

Cor

n­ID

!i.tte

esh

iall

forw

ard

toth

eC

omm

is's

ione

ra

cert

inca

teto

that

ef­

fect

inF

orm

"C3"

inti

le'1

'h:1

rdS

clle

dwle

and

shal

lat

the

sam

eti

me

issu

ea

copy

of

the

cert

ifka

t>e

toth

e'awli~ant.

(2)

Th

eC

omm

issi

one.

rsh

alll

ca'll

:Se

noti

ce00

'all

gra

nts

mad

eby

anU

rhan

Lan

dC

om

mit

tee

tob

ep

ub

lish

edin

l1he

Gaz

ette

and

ina

naU

onal

new

spap

'er,

and

sudh

noti

cesl

haH

,w

'het

Jher

by

refe

ren

ceto

the

'ad

ver

tise

men

tno

tice

,ilSl

Sued

un

der

sect

ion

21o

rto

fue

invi

­1J

atio

nto

ten

der

no

tice

issu

edu

nd

erse

ctio

n22

or

othe

rwis

e,oo

n­te

'lin

ad

escr

ipti

on

of

111e

:Lan

din

resp

ect

of

wru

dht'I

reg

ran

tsw

ere

mad

e, (3)

'I1he

Com

miS

lSio

ne,r

shaJ

1l.

uPon

rP'(

'P,i

viI

lHT

tlh

o""

,l.f

;.f!

; ""f~

20

lAn

dfo

rcommer<.'i~

or

ind

ustm

purp

oses

Com

pet1

t1on

betw

een

appl

ican

tB

Not

ice

ofde

ciS

ions

Fo

rm"C

3"T

hir

dS

ched

ule

A.

20o

f19

78

A.

12of

1967

, wu

e,o

fle

a'se

­do

cum

ent

be

fore

tran

sact

ion

Rig

hts

(le

ssee

l'u

bll

.of ap

plic

and

acl

aim

s

Con

of

f:ap

pl

IS51

do<:

par

cas\

(1)

Ale

ssee

shal

lbe

en

titl

ed

-(a

)su

bje

ctto

any

st?'

uto

ryco

ndit

ions

or

oth

erco

ndi­

tion

sat

tach

ing

toth

elle

ase,

toth

eex

clus

ive

pos­

sess

ion

oft'h

ela

nd

leas

ed;

(b)

subj

ect

toob

ta'in

ing

the

cons

ent

ofth

eM

inis

ter

­(i

)to

disp

ose

ofhi

sin

tere

st;

(iil

toen

cum

ber

the

lan

dle

aspr

lh

v",,,r+~~~~'

35.

PA

RT

IVL

ease

san

dli

cenc

es

32.

(1)

Whe

rea

per

son

tow

hom

secb

ions

30o

r31

appl

ies,

fail

sw

itho

utre

aJSo

nabl

eca

use

toco

mpl

yw

ith

the

sect

ion

wit

hin

the

tim

eal

low

edth

erei

n,

hes:h

:a1'l

forf

eit

his

titl

eto

the

land

.(2

)F

or

the

purp

oses

ofsu

bsec

tion

(ll

abse

nce

from

Les

otho

du

rin

gth

epe

riod

ofti

me

allo

wed

for

ali

appl

icat

ion

shal

lbe

dee

med

tob

ere

ason

able

caus

e,(3

)A

pers

onto

who

mse

cbio

n28

(1)

appl

ies

who

seti

tle

isfo

rfei

ted

pu

rsu

ant

tosu

bsec

tion

(1)

shaH

been

titl

edto

rece

ive

the

valu

e,as

asse

ssed

bya

Gov

ernm

ent

valu

er,

ofim

pro,

vem

ents

iaw

full

ym

ade

'by

him

onth

ela

nd

subj

ect

tofo

rfei

ture

.33

.(1

)T

heC

omm

issi

oner

shaM

caus

eto

bepU

blis

hedi

na

nati

onal

new

spap

erno

tice

ofap

plic

atio

nsfo

rle

ases

and

lice

nces

un

der

sect

ions

29,

30an

d31

whi

chno

tice

shal

lgi

veth

ena

mes

ofth

eap

plic

ants

and

anad

equa

tede

scri

ptio

nO'

fth

ela

ndto

whi

chth

eap

plic

atio

nsre

late

.(2

)S

ecti

on23

shaM

appl

yto

anad

vers

eol

-aim

ofti

tle

tola

ndaf

fect

edby

noti

ceun

de-r

subs

ecti

on(1

),

34.

Sav

eas

othe

rwis

epT

ovid

ed,

this

Par

tap

plie

sto

all

Ap

pll

cale

ases

and

lice

nces

,

(3)

Le,

ases

issu

edu

nd

erV

his

sect

ion

shal

lta

keef

fect

from

the

date

ofis

sue

exce

ptas

reg

ard

Uh

epe

rio,

dof

dura

tion

ofth

ele

ase

whi

chsh

all

bede

emed

toha

veco

mm

ence

don

the

com

-m

ence

men

tof

this

Act

.30

.(1

)W

hen

ever

faci

ilitie

sex

ist

inan

yar

e,a

for

the

issu

eIs

ofle

ases

or

lice

nces

crea

ted

un

der

sect

ion

28,

the

Com

mis

sion

erle

shal

lca

use

ano

tice

totJ

hat

effe

ctto

bepu

1}lis

hed

inth

eG

azet

ted

(

and

ther

eup

on

eve'

rype

l'son

inth

atar

eato

who

mse

ctio

n28

ap-

~~.pl

ies

Shal

l,w

ithi

nsi

xm

onth

sfr

omth

eda

teof

publ

icaH

ono

fth

eno

tice

, app

lyfo

rtJh

eis

sue

0,£

a.le

ase

or

lice

nce.

(2)

The

Com

mis

sion

e,r

may

,of

hiJS

own

mot

ion,

or

for

good

caus

esh

own

byan

a;pp

lica

nt,

exte

nd,tJ

hepe

riod

ofti

me

duri

ngw

hidh

anap

plic

atio

nis

tobe

mad

eu

nd

ersu

bsec

tLon

(1),

31.

Th

eC

omm

issi

oner

may

,by

noti

cein

wri

ting

,in

vite

any

pers

onto

who

mse

ctio

n28

appl

ies

toap

ply

for

the

issu

eof

ale

ase

or

lice

nce

wit

hin

ati

me

spec

ifie

din

the

noti

ce.

"

.....

r::

l':"

~ I •1 , ~:'t

,:!!t

__

_•~A.L.u~~

IVL

AN

DIN

un

nA

NA

ND

RU

RA

LA

RE

AS

, Co~v.er~~n

of28

.T

,itl

esto

rand

inu

rban

arel

as,

oth

er1t

han

land

pred

omi-

exIS

ting

titl

esna

ntly

used

for

agrk

UJ1

tura

ilpu

rpos

es,

l'aw

full

yh>

eld

byan

yp

ers

on

00

the

dat

eo

foo

mm

ence

men

to

fth

isA

ctsh

all

bed

eem

edto

be

conv

erte

d!in

tole

ases

.(2

)T

itle

sto

()jan

d.in

urb

anM

'eas

pl~d()lmina1lly

used

for

agri

­cu

ltu

ral

purp

oses

,1aw

fully

held

byan

ype

rson

atth

ed

ate

of

oom

­m

enoe

men

tQI

ft!h

:isA

ct

SIll'a

J1l

bed~'emed

tob

eco

nver

ted

into

hi­

9€nc

es.

(3)

TJtlJ

e.sto

lan

din

rllI1

alar

eas

used

sole

lyfo

rre

slid

entru

all

purp

oses

laiw

fulil

yIh

eld

byan

ype

rson

atth

eda

teof

oom

men

ce­

men

to

f th

isA

ctsh

alil

be

deem

edto

beco

nver

ted

inrto

leas

,es.

29

.(1

)W

hene

ver

ape

rson

tow

hom

sect

ivn

28

(1)

OJ'

(3)

appl

ies

isde

siro

uso

fg

ran

tin

go

rcr

eatt

ing

any

inte

rest

inth

ela

ndh

eld

byh

imo

rw

hene

ver

sect

ion

30o

r31

appl

lies

toth

atpe

rson

,h

esh

iali

lapp

lyto

the

Com

rniiS

s'lv'

ller

fVJ'

tlhe

issu

eof

ale

ase

and

Siha

lJlpr

oduc

ew

titih

his

app

lica

tio

n:-

(la)

evid

ence

1Jh!

ath

eis

qua:

l'if,i

edto

\hol

dla

nd

un

der

sec­

tion

6;(b

)'a

deSc

rU.p

tion

of

t1l:e

ibou

nda;

ries

of

the

land

,inqu

es­

tion

(by

mfe

ren.

ceto

apl

ano

rot

herw

\i.se

); a

nd

(c)

any

on

eor

f th

efo

lilow

ing

do

cum

ents

:-(t

)'a

reg

iste

red

oert

iflio

atte

ofti

tle

issu

edby

tlhe

Reg

istr

arof

Dee

dsu

nd

erth

eD

eeds

Reg

ilst

ryA

ct19

67;

(li.i)

are

gist

ered

deed

'Of t

ran

sfer

or

ace

rtif

,ied

oopy

ther

eofj

i :tJh

ere

gist

el'le

dde

edis

~ost;

('ili.

i)th

eO

I1ig

in.

or

,ace

rtJi.f

ied.

,y1J

hIeT

oolf

!ift1

he..

,al

is10

's-a

val!i

dce

.at

eo

fal

loca

-ti

on

''a

ndo

ran

ym

ent

Un

ola

.'a

cert

i.-fi

edco

pa

Oll'

ief's

.te

rk

ept

U1l

!th

e:(,

.and

Mt

19eV

liden

oing

,'

Ya1

1'oc

atio

nla

:­

fun

ym

a;de

;(i

v)an

afif

idav

.itb

ytlh

eO

hief

or

otih

erp

rop

erau

tho­

rity

that

the

appl

ican

t law

fUlli

yus

eso

roc

cupJ

esth

el1

and;

(v)

an,a

!ffi

dcw

itby

thr.

eepe

rSlO

llSre

sid

ent

for

over

30ye

a;rs

intih

elo

oaJ1

ityin

wh!

LCh

the

ian

dis

si­

tuat

edto

tihe

effe

ctth

atiot

isto

thei

rpe

rson

alkn

owle

dge

th!a

;ith

eap

p'lk

ant

and

his

pred

eces

­S

Ol'S

hJai

veb

een

occu

pyin

gan

dus

ing

the

lan

dfo

ra

per

ivd

afat

le-a

st30

year

s.(v

i)an

yot

'ller

off,

icia

ldo

cum

ent

eVlid

enci

ngth

atth

eap

plio

ant '

isin

'ra'Wif~oo

cupa

tion

orf t

he

lan

d.

(2)

Whe

re,

up

on

eX!a

min

atio

nof

the

docu

men

tspr

oduc

edun

ders

u:bs

ecti

on(1

),th

eC

omm

issl

iolll

eris

sati

sfie

do

fth

ebo

nati

des

of

tJhe

,ap

pl'

icn

,h

esh

al!l·

'So

iLnI

fiorm

Vhe

Min

iste

ran

d,sh

alJ

caus

ea

leas

eto

be

pre

par

edfo

ris

sue

totih

eap

plic

ant.

~\

Rig

hts

CYf

lice

nsee

, ~r"

.:1t7

•.;.

t..

nO

,nl'

r·lili

:!t·1·

_~';

~~t~,.,.-;>;

t,"I

t;'·

i~

-"1­

~.

reat

ion

of!r

vitu

des

r1\!'

;:';P

~ ,I

~~

(2)

Not

witJ

hsta

ncl!

ing

lSub

sect

ion

(l)

(Ib)

nooo

ruse

ntsh

all

bere

qu

ired

toth

ele

ss-e

e's

disp

os'aJ

I.of

his

inte

I"es

tby

v.al

idw

ill

or

surr

end

erif

the

['eas

eis

inre

spec

t0

[lla

ndhe

ldfo

rre

slid

enti

alo

rcq

mm

erci

alo

rin

dust

r1al

l pur

pos-

eson

ly.

"""

(3)

Intlh

eev

ent

ofa

less

eedy

ing

inte

stat

e-

(la)

wih

ere

the

less

eequ

aIH

fies

,tlhe

.reun

der

tlhe

disp

osi­

tion

ofhd

.ses

tate

shal

lbe

gove

rned

byth

ew

ritt

en.r"

fla

wre

lati

ngto

succ

essi

on.;

or(b

)w

here

the

'less

'ee

does

not

qual

ify

U!I1

der

para

grap

h(ia

) ,se

ctio

n8

(2)

and

(3)

sih!

aJH

appl

yas

if'h

ew

ere

anal

lott

eean

dth

eC

omm

issi

oner

shal

lth

ereu

pon

requ

est

uhe

Reg

istr

arof

Dee

dsto

endo

rse

'any

re­

gist

ered

leas

e0,

1'o1

fu:e

rre

l51i

ster

eddo

cum

ent

ofti

tle

acco

rdin

glly

.(4

)N

OltJ

hing

inth

iss'o

otio

nsh

all

beco

nstr

ued

asaf

fect

ing

sect

ion

42o

rth

eco

mpu

lsor

ysa

leun

der

any

law

or

bya

mor

tgag

eeof

land

. hei

ld. u

nd

er<l.

le·a

se.

36.

(1)

Wlh

ere

1:Jhe

cons

ent

O'f t

heM

inis

ter

isre

quir

edun

der

sect

ion

35,

suah

cons

ent S

hail

l not

beun

reas

onab

lyw

ithlh

e'ld

.(2

)C

ons.

ent

may

begi

ven

spec

ifio

aUy

inw

riti

ngo

rge

nera

Ji-

ly.

(3)

Whe

reco

nsen

.tis

giv

en

-(a

)sp

ecif

icaJ

1ly,

itm

aybe

give

nsu

bjeo

tto

term

san

dco

ndit

ions

i!fin

the

Min

iste

r's

opin

ion

undu

esp

ecu­

llClit

ion

inan

ytJ

ians

acti

ooin

land

Wi~l

occu

r;an

d.(b

)ge

ne,m

lly,

the

OQ

l!llm

i'Ss'i

oner

shaa

l,by

noti

oein

the

Gaz

ette

,pU

ibH

SIh

the

term

san

dco

ndi1

:Ji.o

nsun

der

Whi

choh

ege

ner;a

Jlco

nsen

t is

give

n.(4

)N

o'C

ons-

ent

shal

[be

give

nto

any

tI"aJ

IlS,a

ctio

nby

apa

ra­

stat

alor~a.riisation

upon

whi

ch"a

noti

cern

wri

ting

has

been

ser­

ved

byth

eC

omm

issi

oner

unde

r_se

ctio

n77

inre

spec

tof

tlhe

lJan

din

volv

edin

that

tran

sact

ion.

/

(5)

Any

tr-an

sact

!i.on

cond

ucte

dby

ale

ssee

wit

hout

the

con­

sen

tot

fth

eM

inis

ter

or

cont

mry

totJh

ete

nn

san

dco

ndit

ions

ofa

gene

:ral

cons

ent

shal

lbe

of

noef

f:ect

.37

.(1

)W

her

ea

l!ess

eeW

ishe

sto

enjo

yth

ebe

nefi

tof

ase

l"V

lirtu

de- ('a

)o

ver

lan

dw

1hid

his

nort

the

subj

ect

O'f a

leas

e;(b

)oI

Ver

land

subj

ect t

oa

l€1a

s'e;

the

less

ee,

intih

efi

rst

case

and.

tJhe

less

ees

intJh

es'e

cond

case

,sh

aH. a

pply

toth

eM

inis

ter

for

the

crea

tion

ofa

serv

itud

e.(2

)W

her

eth

eM

ini'S

ter

aHo-

ws

t!he

crea

tion

of

as-

erv-

itude

,an

dh

esh

alltl

not

refu

seun

reas

onah

ly,

hem

ayat

tach

suoh

cond

i­ti

ons

toit

ash

em

ay.t

hink

fit.

(3)

Ase

rvit

ude

crea

ted

un

der

this

sect

ion

Siha

ll.aJ

1:.ta

ahto

tihe

lan

dile

aS'ed

for

the

dura

tion

ofth

ein

tere

stof

the

less

eein

w(h

ose

favo

urth

ese

.rvi

tude

iscr

eate

d,un

Jess

earl

ier

term

inat

edby

the

Minisf:1f',r~th

i"r'l·i<,,,.,.n.+;~~

(4)

'J1he

,iIlJ

stru

men

tcr

eaJt

ing

the

serv

itud

esh

all

bepr

epa'

Ted

atth

ein

stan

ceof

the

iless

eein

who

sefa

vour

the

serv

itud

eis

crea

­te

db

ut

slhJa

llb

eex

ecut

edby

the

Com

mis

sion

eron

belh

ali

offu

eM

inIi

ster

and

aco

pyth

ereo

fsh

aHbe

reta

ined

byth

eC

omm

is-

sion

er.

38.

(1)

AH

cenc

esh

iaJll

enti

tle

tlhe

lice

nsee

toUS

ieor

tous

ean

doo

oupy

land

for

the

purp

olse

and

unde

r_c

ondi

tions

spec

ifie

din

the

lJic

ence

and

s,h.a

llbe

subj

:ect

tote

rmin

atio

non

thre

em

onth

s'no

tice

. (2)

Ali

cens

eesth

aJ1l

not

been

titl

edto

­(a

)di

spos

eof

his

inte

rest

;(b

)cr

e<l.t

ele

sser

inte

rest

sin

orov

er,

or

burd

en,

the

land

subj

ect

to1J

hehc

ence

;(c

)m

ake

alte

rart

ions

and

impr

ovem

ents

onth

ela

ndsu

b­je

ctto

the

lice

nce

exce

ptw

here

othe

rwis

eex

pres

s­ly

spec

if'i'

edin

U1e

Lic

ence

;(d

)dl

aim

any

com

pens

atio

nfo

ran

yal

tem

bion

san

dim

­pr

oVle

men

tsm

ade

or

for

any

expe

nses

incu

rred

byhi

mon

the

land

.(3

)L

icen

oes

s'h:

a~l

not

requ

ire

regi

stra

tion

unde

rth

eD

eeds

A.

12.

196

Reg

istr

yA

ct19

67.

39.

(1)

Ale

ase

slha

llno

tbe

gran

ted

for

ate

rmex

ceed

!ing

-T

erm

sof

.le

ases

(a)

90ye

ars,

whe

reth

ele

aseIS

-

(i)

Iv,.'

resi

dent

ial

purp

oses

;(,t

i)fo

rpu

rpos

eso

fex

erci

sing

,apr

o:fe

i5Si

onor

caill

1:in

g;(iH

)fo

ran

yde

votio

lllaJ

.,re

ligi

ous,

bene

vole

nt,

edu­

cati

onal

,re

'cre

atio

nal,

ohar

itab

lean

dm

edio

a:l

purp

oses

;(b

)60

year

s,w

here

tfuc

leas

e,is

-('i

)fu

rhe

avy

indU

Istri

all p

Ul"P

O'S

es;

(ll)

for

com

mer

diaa

or

ligh

tin

dust

riai

lpu

rpos

es(o

ther

than

the

salle

o'fpe

trol

eum

byre

tail

);(U

i)£0

0'ho

tel p

urpo

ses;

(c)

30ye

ars,

whe

retih

ele

ase

is(1

)fo

rpu

rpos

esof

sale

sof

petr

dleu

rno

roi

ll;(1

)fo

rpu

rpos

esof

who

lesC

lile

stor

age

ofpe

trol

eum

or

oil;

(2)

No

leas

esh

all

begr

ante

dfo

ra

term

ofle

ssth

an10

year

s. 40.

(1)

Sub

ject

tosu

bsec

tion

(2)

ever

y:le

ase

otJh

ertJh

Jan

anS

tatu

tory

~g.r

.iCU

J1~u

raJ.

leas

~an

da

leas

eis

sued

un

der

sect

ion

61(1

)S!h

!al!1.

be

con

dit

ion

s

Dev

elop

men

1of

land

form

erly

used

for'

purp

oses

oth

erth

anag

rieu

ltur

e

, r , I I\~

r.1.II

...I

:i·

f....h.·~/;

jvar

iati

onof

Ileas

es!-

.

.~h!'s'~.~

t~~l

f::'

ferm

inat

ion

Ifle

ases

~(,

ltt:.l

,·,

~~•.. '

11 I,'

,I

I,

.I

j I.

_if~l:t~t

.fc.?d~,.

I i ''('~tAi~,

';~~'*'f:1~'

tdJj"~

a~';'"

(2)

Wh

ere

the

less

eeis

aC

omm

onw

ealt

hor

For

eign

Gov

ern­

men

to

ran

inte

rnat

ion

alor

gani

sati

onan

da

stat

uto

ryco

ndit

ion

isin

cons

iste

nto

rin

copa

tibl

ew

ith

any

agre

emen

tw

ith

such

Gov

ern­

men

to

ror

gani

sati

on,

that

cond

itio

nsh

all

not

appl

y...'

: ..

(3)

Ale

ase

may

incl

ude

such

oth

erco

ndit

ions

asth

.eM

ini­

ster

may

dire

ct.

41

..(1

)W

her

ea

leas

eha

sbe

engr

ante

do

ris

sued

for

asp

e­ci

fic

pu

rpo

sean

dth

ele

ssee

wis

hes

toco

nver

tth

epu

rpos

eto

anot

/hel

rw

hiia

his

cons

'iste

ntw

ith

phys

iccd

or

tow

nan

dco

untr

ypl

anni

ngin

rel:

atio

nto

the

area

inw

hich

the

land

subj

ect

toth

ele

ase

issi

tuat

ed,

hem

ayap

ply

toth

eM

ints

ter

for

ava

:ria

tion

ofth

ele

ase

acco

rdin

gly.

(2)

Th

eM

inis

ter

may

.agr

e·e

toth

eva

riat

ion

onsu

mte

rms

and

cond

itio

nsas

heth

inks

fit,

bu

tno

leas

eso

vari

edsh

ail~

exte

ndfa

ra

term

exce

edin

gin

aggr

egat

eth

atap

prop

riat

eto

the

purp

ose

toW

hich

itis

conv

erte

d.

(3)

Any

v.ar

iati

onof

ale

ase

un

der

this

sect

ion

shal

lbe

evi­

denc

edby

ado

cum

ent

whi

dhm

aybe

anan

nexu

reto

the

orig

inal

leas

eo

ra

new

leas

eas

the

Com

ni.is

sion

erm

ayde

emap

pro

pri

ate

and

sh.a

libe

sub

ject

tosu

chst

-am

pdu

tyas

may

bepa

yab[

eon

the

leas

eas

vaI1

ied

and

tore

gis

trat

ion

inth

eD

eeds

Reg

istr

y.42

.(1

)A

leas

em

aybe

term

inat

edby

the

Min

iste

rby

giv­

ing

atle

ast

one

mo

nth

'sw

ritt

enno

tice

toth

ele

ssee

w\h('.~

the

les­

see

isin

bre

aoh

ofan

yco

ndit

ions

ofth

ele

ase

and

has

fail

edto

com

ply

witJ

h,a

wri

tten

noti

cefr

omth

eC

omm

issi

oner

call1

ing

upon

him

tore

med

yth

ebr

e-ac

hw

i1Jh

ina

reas

ona'

bIe

spec

ifie

dpe

riod

oftim

e.'

• ,"(2

)N

otic

eof

term

inat

ion

ofth

ele

ase

shal

lbe

serv

edby

the

Commlssioner~pon

the

less

eE!,.

the

sub-

less

ee(w

here

the

who

leof

the

less

eeJ,

g:' i

nte

rest

has

been

suba

etto

one

suM

.ess

ee)

and

toan

ym

ortg

agee

.(3

)T

hem

ort

gag

eeof

ale

e-se

subj

ect

tote

rmin

atio

nu

nd

ertlh

isse

ctio

nsh

all

have

the

rig

ht

tode

man

dbh

esa

ileof

the

less

ee's

inte

rest

and,

ifh

ew

ishe

sto

ex-e

rcis

eth

isri

giht

shal

ll,up

onre

ceip

to

fth

eno

tice

ofte

rmin

atio

n,so

info

rmth

eM

inis

ter

inw

riti

ngb

efo

reth

ete

rmin

atio

nd

ate

spec

ifie

din

the

noti

ce.

(4)

Sub

ject

toan

ym

ortg

agee

exer

cisi

nghi

sri

gh

tof

sale

un

der

sub-

sect

ion

(3),

the

sub-

less

ee,

who

has

no

tco

ndon

edo

rb

een

ap

arty

toth

ebr

el(w

ho

fco

ndit

ions

refe

rred

toin

subs

ecti

on(1

)an

dw

hois

wil

Hng

toac

quir

eth

ele

ssee

'sin

tere

stat

t1he

valu

eas

sess

edu

nd

ersu

bsec

tion

(7)

shal

t,be

fore

tJhe

dat

esp

eioi

fied

for

;ter

min

atio

no

ltlh

ele

ase

appl

yto

the

Min

1ist

erfo

rth

etr

ansf

ero

fth

ele

ssee

'sin

tere

stto

him

.(5

)W

her

ea

leas

eis

sold

pu

rsu

ant

to.

subs

ecti

on(3

)o

rw

he:r

ea

sub-

Iess

ee's

appl

icat

ion

for

t'he

tran

sfer

ofa

leas

eu

nd

ersu

bsec

tion

(4)

has

bee

nap

prov

edby

1Jhe

Min

iste

r,tJh

ep

urc

has

ero

rsu

b-le

ssee

,as

the

case

may

be,

shal

lil.

fort

Jhw

ith

succ

eed

totJh

ele

ase

wit

ho

ut

any

conv

eyan

ce,

assi

gnm

ent

or

tran

sfer

save

that

the

Com

mis

sion

ersh

all

pre

par

ean

dex

ecut

ea

deed

evid

enci

ngth

etr

ansm

issi

on

ofth

ele

ase

toth

epu

rcha

ser

or

sub-

lp.s

spp

:ln

rl

shai

lloa

use

the

sam

eto

bere

gis

tere

dan

d.t

heon

igin

ail

leas

eto

be

endo

rsed

as"t

ran

smit

ted

byop

erat

ion

ofla

w"

byth

eR

egis

trar

.(6

)W

here

nop

nrd

has

ero

rsu

bles

see

succ

eeds

toth

ele

ase

and

_th.e

'lte,

ase

isac

cord

ingl

yte

rmin

ated

,1J

hele

ss'e

e's

inte

rest

inth

ela

ndsh

ailil

rev,

ert

totJh

eS

tate

.(7

)S

ubje

ctto

any

clai

mby

am

ortg

agee

,th

el1

.ess

eeW

hose

leas

eis

term

inat

edu

nd

erth

isse

ctio

nsh

all

been

t1tl

edto

rece

ive

the

vcrl.

ue,

asas

sess

edby

aG

over

nmen

tw

ll1ue

r,of

impr

ovem

en.t

sIla

wfU

'Hy

mad

eby

him

ontJh

ella

ndle

a'se

d.(8

)W

here

1Jhe

reis

adi

sput

ere

gar

din

gtlh

eva

lue

ofim

prov

e­m

ents

mad

e,su

ahdi

sput

esh

laJH

bede

te-r

min

edby

the

Tri

bu

nal

who

sede

cisi

ons1

h!a!l

l be

fina

tl.43

.A

[1ce

nce

may

bete

rmIi

nate

dby

the

Com

mis

sion

erse

rv-

Ter

min

atio

:in

gup

onth

elk

ense

eat

leas

tth

ree

mon

th's

noti

ceo

fte

rmin

atio

n.of

lice

nces

PA

RT

VS

elec

ted

deve

lopm

ent

and

sele

cted

agri

cult

ural

area

s

44.

Whe

tl'e

itap

pea'

rsto

the"

Mill

'15t

erin

1Jhe

puM

I 1cin

tere

stS

elec

ted

soto

dofo

rpU

Jpos

esol

fse

lect

edde

velo

pmen

t,th

eM

inis

ter

maY

l\de

velo

pmen

bynO

it1ce

intJh

eG

azet

ted

edar

e,a

nyar

eaof

land

tobe

ase

lect

edar

eas

deve

lopm

ent

area

and

,1J

he-:r

eupo

Il,ail

llti

tles

tola

nd

wit

hin

the

a·re

as·h

JailJ

beex

tJing

uisJ

he'C

lb

ut

sub

stit

ute

righ

tsm

aybe

graI

llte

das

PI'?.

.v_

//__

vide

du

nd

ertlh

isP

art.+~~t:e6'b1-

i.d

iLr-e/B.V~~

ex....

45.

(1)

Wlh

ere

the

sele

cted

de~o

pmen

tam

aco

nsis

tsw

hol-

Dev

elop

men

iy0·.

1'p

artl

yod

' agr

iOU

llJtu

raJ

l,and

o,1J

her

th'a

nla

ndw

i1Jh

ina

sele

cted

ofla

ndag

lric

ultu

I"al

area

,li

cens

ees

or

aJlo

ttee

sof

such

agrt

cwtu

ral

lan

dfOd~rlY

shal

Ia.

bede

emed

toha

vere

ceiv

edth

ree

mon

ths'

noti

ceof

term

ina-

~:~i

cuf~

reti

onod

' tih

ei.r

[Iic

enae

so

rof

revo

cati

onof

fuei

ral

iloc·

atio

ns,

asth

eca

sem

aybe

,be

ginn

ing

fro

mth

ed

ate

ofpu

blic

atio

nin

the

Gaz

ette

ofth

eno

tice

refe

rred

toin

sect

ion

44.

(2)

Wlh

ere

th-e

sele

cted

der

elo

pm

ent

area

cons

ists

Who

l!ly

or

par:t

Jly

ofag

riJc

ultu

raJ.

lan

dw

itJhi

na

seile

·ate

dag

J.1i

ooltu

:ml

a:re

a,le

s­se

eso

fsu

ahla

nds'

hail

~be

deem

€dto

have

reoe

ived

thre

em

ont:h

.s'

noti

ceo

fte

I1m

inaJ

1Jio

nof

tJhe

irle

ases

asin

suhs

e'C1!

ion

(1)

and

Siha

:l!lbe

entl:

:itle

dt'O

com

pens

atio

nfO

lrm

ylo

ssin

curr

edth

r:ou

ghb

ein

gde

prti

ved

offu

'eir

l'and

.46

.(1

)S

ubje

ctto

subr

e·ot

ioo

(2)

and

tose

.ctJ

ion

47,

Whe

r:etlh

ese

lect

edde

velo

pmen

tar

eaco

nsis

tsW

\lroi

llyo

rpa

rtil

yOi

f:L

and

used

foc

pu.r:

pos'e

Sot

lher

than

aglr

icul

ture

,le

ssee

san

dai

lilot

tees

· Olf

suah

lan

dSh

'aill

been

titl

edto

be

offe

,red

inex

chan

geby

the

Min

i­st

er~OOiSes

wiJ

thIin

the

sele

cted

deve

lopm

eIll

tar

ea,

fur

tJhe

sam

epu

rpos

esas

tJ11o

s'8fo

,rwI

hJiJa

llth

eypr

evio

usly

hel

dtJh

ela

nd,

Olf

tJhe

sam

ep

lot

wJt1

ho

rw

itho

utam

end

men

tof

the

orig

inal

boun

dari

esth

ereo

tf,if

thii.s

isco

nsis

tent

witl

htih

ede

ve1l

opm

eIlit

sah~me,

or

of

any

oth

erp

lot.

(2)

Wlh

e,re

tJh:e

deve

Qop

men

tsa

hem

eis

such

asn

ot

top

erm

itth

eg

mn

to

fa

leas

efo

rt1

hepu

rpos

efo

rw

hicl

1th

ele

ssee

or

allo

ttee

form

emy

he[d

tlhe

rand

,t1

hele

ssee

or

aUot

tee

Sha

llha

veth

'eop

tion

eith

erod

:ac

cenN

IJ1P

':l

nl,,1

!-fA

T"

'>n

u~n~

~£

-.,,-----

~..

-•

Set

tJas

ldt

fon

publ

purj

:

Cor

nti

on

Cer

tse

cti

Pa11

appl

V'-

J.'

-"...

....V

.l..

l.J.

...J..~

...."'J

.v....

J,."

-'.L

...v

......

....n

.'-'

.....u

....

J..V

.1.L

J.a.

.L....

.lJ.'t

;"..

....

.\04

..1..

....

....

_..

.

Lan

dre

qu

ired

for

publ

icpu

rpos

es

54.

(1)

Whe

neve

rit

isne

cess

ary

inth

epu

blic

inte

rest

tose

tas

ide

for

publ

icpu

rpos

esla

ndhe

ldu

nd

era

lera

se,

the

Min

iste

r,af

ter

cons

UJ1

taJt

ion

wit

hth

eP

rinc

ipal

Chi

efha

ving

juri

sdic

tion

and

upon

obta

inin

gth

eK

ing'

sas

sent

,s'h

a[l

decl

are

the

land

tobe

sore

quir

ed.

(2)

Not

ice

o!f

ade

clar

atio

nby

the

Min

iste

ru

nd

ersu

bsec

tion

(1)

(in

this

Bar

tre

ferr

edto

asa

decl

arat

ion

noti

ce)

shal

lbe

give

nby

tJhe

Min

ist'e

rin

the

Gaz

ette

and

shal

lco

ntai

nth

efo

now

ing

par

ticu

lars

-(a

)th

cn

ame

ofth

ele

ssee

or

less

ees,

inw

hose

nam

eth

ele

ase

ofth

ere

qu

ired

land

isre

gist

ered

;(b

)a

desc

ript

ion

ofth

ela

ndan

dit

slo

cati

onsp

ecif

ying

(by

refe

ren

ccto

apl

,an

or

othe

rwis

e)it

sbo

unda

ries

and

exte

nt;

(c)

the

gen

eral

nat

ure

ofth

epu

rpos

efo

rw

hich

the

land

isre

quir

ed;

PA

RT

VI

"'....

.J:

"....

....l:"~

....-

JJJ

·pre~cribed.

(2)

Inco

nsid

erin

gap

plic

atio

nsfo

rle

ases

ofla

ndw

ithi

na

sffi

ecte

dag

ricu

ltur

alar

ea,

the

Min

iste

rsh

aill

pay

the

fore

mos

tco

nsid

erat

ion

toap

plic

atio

nsby

prev

ious

allo

ttee

so

rli

cens

ees

ofL

and

wit

hin

the

area

and

whe

rean

ysu

c;h

appl

icat

ion

isre

fuse

d,sh

alll

stat

ehi

sre

ason

sfo

rre

fuS'

al.

52.

(1)

Sec

tion

s21

and

22sh

all

appl

yto

land

(oth

erth

an}a

ndto

wlh

idh

1:!it

leis

gra

nte

din

subs

titu

tion

ofex

isti

ngrig

1hts

)av

aillJ

able

for

gra

nts

ofti

tle

wiH

lin

ase

lect

edde

velo

pmen

tar

eao

ra

sele

cted

agri

cult

uraJ

.ar

ea,

unle

ss,

inth

ela

tter

case

,th

eM

ini­

ster

deoi

des

'obh

el'w

ise.

(2)

Sub

ject

tosu

bsec

tion

(3),

sect

ion

26,

Whi

chre

late

dto

the

ten

der

proc

edur

e,sh

al[

also

appl

ym

uta

tis

mut

andi

s,th

ede

ci­

sion

toca

tllfo

r,an

dth

eco

nsid

erat

ion

of,

tend

ers

bein

gm

ade

byth

eM

inis

ter

inth

eca

seof

land

wit

hin

ase

lect

edde

velo

pmen

tar

eao

rby

the

Min

iste

raf

ter

cons

ulLC

litio

nw

ith

the

Min

iste

rre

s­po

nsiJ

jle

for

Agr

icul

ture

inth

eca

seof

land

witb

Jin

ase

lect

edag

ricu

ltur

alar

ea,

and

the

invi

tati

onfo

r,an

dth

elo

dgin

gof

tend

ers,

bein

gby

and

wi:b

htJh

eC

omm

issi

oner

.(3

)N

otw

iths

tand

ing

subs

ecti

on(2

),th

eM

inis

ter

orth

eM

ini5

ier

afte

rco

nsul

tati

onw

ith

the

Min

iste

rre

spon

sibl

efo

rA

gri­

cult

ure,

asth

eca

sem

aybe

,~nay

gra

nt

leas

esto

any

pers

onw

ith­

out

adop

ting

tlhe

ten

der

proc

edur

e.

53.

(1)

No

compens~tion

for

loss

ofti

tle

tola

nd

shal

lbe

paya

ble

un

der

this

Par

tex

cept

whe

reso

expr

essl

ypr

ovid

ed.

(2)

Com

pens

'ati

on,

whe

repa

yabl

e,sh

all

beca

lcul

ated

inac

­co

rdan

cew

ith

sed

ion

56.

....

..,

.._.

......

....,"

'"...

,.4~v""'\.£,V..l

....

47.

Wih

ere

ade

vclo

pmen

tsa

hem

ew

ithi

na

sele

cted

deve

lop­

men

tar

eade

sCIi

tbed

inse

ctio

n46

(1)

isto

hesp

onso

red

and

oper

a­te

dw

lhoa

lyo

rp

artl

yby

ape

rson

otlh

erth

anth

eS

tate

or

apa

ra­

stab

aloo

gani

Slat

ion,

the

Min

iste

rm

ayg

ran

tto

tlhat

pers

ona

leas

eOl

ftlh

ew

oo}e

or

par

tof

tJhe

area

,as

the

case

may

be,

subj

ect

toth~

cond

iJtio

nth

Jat-

(a)

the

deve

lope

rsh

alll,

whe

respecifica~ly

dire

cted

byth

eM

linis

rter,

mak

epr

ovis

ion

un

der

tih:e

sche

me

fo

r-

(i)

\Sub

divi

sion

of

the

land

;(i

i)th

etr

ansf

erto

afo

rmer

less

e,e

or

alJlo

1Jte

,e,on

term

sto

beap

prov

edby

bhe

Min

iste

r,of

his

Qnt

eres

tin

any

SiUb~clivision

prev

ious

lyhe

ldby

such

form

erle

ssee

or

al1l

ort1

'ee;

and

(iIH

)su

bje

ctto

Ithe

pri

or

righ

tsof

form

erle

ssee

san

dal

lott

ees,

subl

eaB

eso

rtra

n:.s

d'er

sof

his

inte

rest

inO

/ther

subd

ivis

ions

too,

tiher

pers

ons;

(rh)

Iifth

ede

velo

per

fail

sto

prov

,ide

surb

stiJ

tute

righ

tsto

·afo

rmer

less

'ee

or

a!lil

otte

e,he

shal

lpa

yco

mpe

nsa­

tion

tosu

chfo

rmer

less

eeo

ral

lott

ee.

48.

(1)

Wlh

ere

the

Vla

lue

ofth

ede

velo

pmen

tpl

otO

lff'er

edin

ex:d

hang

eto

afo

rune

-rle

stSe

eo

rfo

rmer

allo

ttee

ishl

igJ1

ertJh

lan

the

'va:

lue

oftlh

epl

otpr

evio

J1l!s

lyh

eld

by

him

,h

esh

all

been

titl

edto

are

duct

1ion

inp

aym

ent

for

the

p!lo

rtof

fere

din

excl

1ang

e,o:

fa

sum

equ

ival

ent

toth

eW

llue

ofth

epl

otw

ih!ic

nhe

had

held

.(2

)A

less

eeo

rai

lJI9;

ttee

sihJa

Jllna

tbe

boun

dto

acce

ptin

ex­

c;ha

nge

ap

lot

the

devr

eloP

ooV

Ialu

eo

fw

rhi:a

his

less

tlhan

the

vaJl

ueo

fth

ep

lot

form

'el1

lyhe

Jld

byhi

m,

and

may

olai

mco

mpe

nsat

ion

inH

eu~t

wh

ereh~

does

'so

CliC

Cept,

hesh

all

been

bitl

edto

rece

ive

pay

men

tof

the

diff

eren

cein

vallu

ebe

twee

nth

epl

lQlts

.

'11

Dev

elop

men

tby

priv

ate

deve

lope

l'

Pay

men

tby

less

ee-g

ive

nsu

bst

itu

teri

ghts

Ft·..

:,.-

i~: I I It ". i.

·1.

·,.

Tit

les

tob

e49

.Titl~s

to1a

ndw,

iJt:Jh

ina

s'ele

ct'e

dde

velo

pmen

tar

easl

hall

b.yle

ase

or

beg

ran

ted

by1J

heM

inis

ter.

and

SihJa:

lJlb

eev

iden

ced

bya

leas

e()

II'

hee.

nee

~iioonce

whi

chslh

Ja:l1

hepr

ep~'

~dby

bhe

com

m.i

ssio

nera~execut~

III

the

man

ner

p,:r:

escr

l.i!b

ed.--'b~

eo,..r-~('l..v

w.-c

Ie¥i

=I,

',.,

I"

tu--

toad

?~U-~YI;

.~~

~j!~

'ral

50.

.Wh

ere

itap

pe(!

JI'sn~eJSSary

for

the

evel

opm

ent

ofag

n-

area

1;'~

"·cu

ltu

re~o.

todo

,tih

e~nistJer,

aGti;

agY

flOR

tHe

F8oomn:eR~8lt16H

/'_

""1

,t/

ofth

eM

HllI

:Stc

rpe

spon

sibl

eFo

rl..

.gFlB

l:Il}

;tHre

,m

ay,

byno

tIce

Inth

e~

UV

j"f3

1.f1

,''j

poG

azet

ted

ecla

rean

yar

eaof

agri

cult

ura

lla

ndto

bea

sele

cted

wTf

r--f!:!

Icag

ricu

ltu

ral

area

and,

ther

eupo

n,an

yal

loca

tion

or

lice

nce

inre

s­U).e~~+~

pec

tof

such

agri

cult

ura

lla

ndsh

all

bede

f;m

edto

have

bee

nre

vo­

~::"

yt',r

h.ke

do

rte

rmin

ated

onth

ree

mon

ths'

noti

ceb

egin

nin

gfr

omth

e~'''"nu",\j~

caS

dat

eof

pUblicati~n

inth

eG

azet

teof

the

decl

arat

ion

noti

ce.

'1~c

.T

itle

('w

i€h

in51

.(1

)T

Itle

to~a

ndw

itilii

na

sele

cted

agri

cult

ural

area

Ia

s~lected

Shi

al[

be

gra

nte

dby

the

Min

iste

ral

fter

cons

ulta

tion

wit

hth

eAi.

,,~culturacl

MiH

i'ste

.FFe6flons~'1e

fOF

l\g

rieu

ltm

ean

dsh

aHbe

ev.id

ence

dby

a,

leas

ew

ru.C

hslh

aIN

bes'U

bjec

tto

suah

cond

liti

ons

and

for

such

pe-

r_~

~S~_

~:;:~_~~O--L!odI-o~~

Whe

rela

lpa

rtCY

fgr

eate

rla

who

lem

aJse

tas

ide

Pre

fere

nce

depr

ived

less

ee

Lan

dus

ed1

Sta

tede

emE

toha

vebe

e:se

tas

ide

for

publ

icpu

rpos

es

Ten

nina

tion

ofus

eof

land

for

publ

icpU

l'pO

Ses

vv.

tl)

Whe

reth

ela

ndre

qUir

edto

bese

tas

ide

for

publ

icpu

rpos

esis

par

tof

gre

ater

land

held

bytJh

ele

ssee

and

the

par

tre

mai

ning

toth

ele

ssee

isle

ssth

an50

0sq

uare

met

res,

hem

ay,

witJ

hin

am

onth

from

the

date

ofpu

blic

atio

nin

the

Gaz

ette

ofth

ede

clar

atio

nno

tice

serv

eno

tice

upon

the

Min

iste

rre

quir

ing

the

Min

iste

rto

set

asid

etJh

ew

hole

ofth

e1'

and

leas

edby

him

and

upon

sobe

ing

serv

ed,

the

Min

iste

rsh

all

set

asid

eth

ew

hole

ofth

ela

ndan

dsl

hall

amen

dth

ede

clar

atio

nno

tice

acco

rdin

gly.

(2)

Not

wit

hsta

ndin

gan

yam

endm

ent

un

der

subs

ecti

on(1

)th

eno

tice

ofde

clar

atio

nsh

all

have

effe

ctas

from

the

date

ofit

sor

igin

all

publ

lca'

tion

.

60.

1~he

form

erle

ssee

ofla

ndse

tas

!ide

for

publ

icpu

rpos

ess'

hall

been

titl

edto

fore

mos

tco

nsid

erat

ion

upon

any

appl

icat

ion

hem

aym

ake

for

ag

ran

tof

titl

ein

repl

acem

ent

ofbh

atfo

rmer

lyhe

ld.

PA

RT

VII

Lan

d.T

rib

un

al

61.

(1)

Whe

reth

epu

rpos

esfo

rw

hich

land

isse

tas

ide

Gra

ntin

g0

un

der

bhis

Par

tar

eth

ose

ofa

10cC

Llau

thor

ity

or

ofa

stat

utor

yco

r-le

ases

ovez

pora

tion

the

Min

iste

rm

ayis

sue

ale

ase

or

lice

nce

toth

atau

thoI

'ity

[laz:.

ddse

td

t·d

1.

dh

111b

as)

eun

eo

rco

rpor

aIO

nan

aea

seso

ISsu

es

a 'e

-th

isP

art

(a)

for

ate

rmno

tex

ceed

ing

90ye

ars;

(b)

subj

ect

tosu

chte

rms

and

cond

itio

nsas

the

Min

iste

rm

ayth

ink

fit

whi

chco

ndit

ions

shal

lno

tin

clud

est

a­tu

tory

cond

itio

nsun

less

thes

ear

eex

pres

sly

incl

u­de

din

the

leas

e.(2

)W

here

land

is,

atth

eco

mm

ence

men

t0'£

this

Act

,be

ing

used

for

publ

icpu

rpos

esby

ast

atut

ory

corp

orat

ion,

subs

ecti

on(1

)St

hall

appl

y.

62.

All

land

,O'

1IDe

rth

anla

ndto

w'h

idh

titl

eis

helld

bya

per­

son

obhe

rth

anbh

eS

tate

,us

edan

doc

cupi

edby

the

Sta

teon

tJhe

com

men

cem

ent

o,f

this

Act

shaH

bede

emed

toha

vebe

ense

tas

ide

fOIl'

puJ)

licpu

rpos

esun

de.r

1Jhi

sA

ct,

and

anen

dors

emen

tto

th3i

tef

fect

s:ha

llbe

mad

eby

the

Reg

istm

ron

any

deed

rell

atin

gto

such

lan

dw

'hid

hm

ayha

vebe

enre

gist

ered

inth

ena

me

ofth

ego

vern

­m

ent,

or

ofa

Min

istr

y,d

epar

tmen

to

rag

ency

ofth

ego

vern

men

t,o

r0I

fan

ype

rson

acti

ngfo

ran

don

beha

lfof

the

gove

rnm

ent.

63.

Whe

rela

ndw

hich

has

been

decl

ared

tobe

req

uir

edfo

rpu

blic

purp

oses

un

der

this

Par

tce

ases

tobe

sore

qUiir

ed,

tlhe

Min

iste

r,m

ay,

byno

tice

inth

eG

azet

te,

revo

keth

ede

clar

atio

nan

d,up

onsu

chre

vooa

tion

,an

yle

ase

or

lioe

nce

gra

nte

du

nd

erse

c­N

on61

shal

lce

ase

tosu

bsis

tan

dth

eR

egis

trar

shal

l,in

the

case

ofa

reas

'e,

canc

elit

sre

gist

rati

on.

64.

(1)

Th

ere

i:she

reby

esta

blis

hed

for

the

purp

oses

refe

r-E

stab

lish­

red

toin

this

Act

aL

and

Tri

buna

lcO

!llsi

stin

gof

ach

aJi.r

man

and

:~~~

ts~~

ontw

oas

sess

ors.

CYf

Trib

Ulli

l:l.

57.

Wh

ere

upon

sulb

mis

sion

O[

aol

aJim

un

der

seot

ion

56

(1).

the

Min

iste

rh

asm

ade

anof

fer,

and

noap

pea:

lis

mad

eby

the

claJ

iJrn

ant

toth

eTr~bunal

witJ

hin

thre

em

on

kfr

omth

eda

teo

fth

e<A

ffer,

the

affe

rS

hall

be

deem

ed.t

oha

'V€

been

acce

pted

.

58.

Wlh

ere

coru

fJ.'i

otin

gcL

aim

saT

esu

bmit

ted

toth

eM

inis

ter

pu

rsu

ant

tose

ctio

n56

(1)

tJhe

Min

iste

rSh

a.lll.

,w

ithi

non

em

on

thfr

om

tJhe

last

day

of1J

hepe

rlod

pres

cr.i

hed

inse

ctio

n56

(1)

refe

rtih

eca

seto

tJhe

Tni

buna

J..

r~,1~'(

'."11 if

,'.,

Pos

ting

and

serv

ice

ofno

tice

.J<llie

rmad

e~deemed

tob

eac

cept

ed;,1

111

"

"I#:J

',

i:S!~1J:'~;

.\;~I'I'

.;~_.t~

:,J

c.Q

.nfl

ictin

gc1

a1m

s~~;,;

;~,f":'.~

__

__

__

..,_

_••

....

....

....

....

..,&

,..

....

....

J.\

,A.

,::)

I!,1

,QU

...l

J,JC

::~\.A:J.'"

C.l

J.U

C1

1.tU

uy

the

pel's

onin

occu

pati

on;

(e)

anas

sess

men

tO

lftJh

eam

ount

ofco

mpe

nsat

ion

of-

fere

dan

dbh

em

etho

dus

edfo

ras

sess

ing

such

'H•

aano

unrt,

.and

shal

lin

vite

any

pers

onha

ving

any

clai

min

the

land

tosu

lb­

mit

his

claJ

imto

the

Min

iste

r.(3

)O

npu

blic

atio

nin

the

Gaz

ette

oftJh

ede

dlar

atio

nno

tice

,,~

,l.i

inte

rest

s'in

OT

affe

ctin

gth

e~and

tow

hiid

ll1!

heno

tice

rela

tes

Slhia

H~.

T.

ceas

eto

subs

ist,

the

less

e'e'

sin

tere

stin

the

land

s:ha

lllre

ver

tto

tbe

Sta

te,

and

the

Reg

istr

arsh

all

can,

cel

tJh·e

regi

stI1

at'io

nof

atHde

eds

evid

enci

ngth

ose

inte

rest

s.(4

)l'J

'otw

1ths

tand

ing

subs

eoti

on(3

)th

ele

ssee

,or

law

:fuJ

oc­

cupi

er,

ofth

ela

ndsu

bjec

tto

ade

ola:

rntio

nno

tice

may

rem

ain

inoc

cupa

tion

of

tihe

lan

dfO

Ta

per

Jod

no

tex

ceed

ing

six

mon

ths

from

the

date

of

publ

ioaJ

tion

intJh

eG

azet

teod

'bh!

ede

clar

atio

nno

tice

.

55,

Pri

or

totJh

epu

blio

atio

nin

tbe

Gaz

ette

ofth

ede

.cla

ratJ

ion

noti

ceth

eM

inis

ter

shal

lilca

use

aco

pyof

tJhe

noti

ceto

bese

rved

upon

any

pers

onkn

own

tobe

inoc

oupa

Jt:Jio

nof

,O

Tto

,;h

ave

anin

­te

rest

in,

the

land

,in

the

man

ner

indi

cate

din

sect

ion

86.

56.

(1)

Any

pers

onW

hocl

aim

sto

have

anin

tere

SttW.h~ch,

byre

ason

ofse

ctio

n54

(3)

ceas

esto

subs

ist

may

,w

itJhi

nth

ree

mon

ths

fro

mth

ed

ate

of

pltb

lica

tion

otf

the

decl

<a·r3

Jtio

nno

tice

,cl

aim

com

pens

atio

nfr

omth

eM

ini,s

te.r.

(2)

Inas

sess

ing

com

pens

atio

nre

gard

shal

llbe

had

on

ily

-

:(a

0th

eV

'aJ.u

ew

hioh

the

prop

erty

mig

ht

have

been

~,.~li

eXip

ea1J

edto

rea~fse

ifit

had

bee

nso

ld·o

nth

eop

en~

-jtA

e-m

ark

etby

aw

illi

ngsr

olle

rat

tJhe

tim

eo

fpu

lbli

cati

ont.-

l?ti't

Ja:b

O-L

-r/O

~,,~

Olf

tlhe

deal

aI1a

td.o

nno

tiee

;

otftJ

I.evv

et )(ib

)to

tlhe

expe

nses

'inci

dent

alto

any

nece

ssar

ych

ange

W~

(.1•

0If

resi

denc

eor

9 4£pL

aoe

od'b

usin

e'Ss

.

),.!

':t

;l1.

.(3

)W

her

eth

eM

ini,s

ter

and

the

olai

man

t.fla

ilto

agre

eon

the

,~'.'b

;:r.~~

J;·,.'

".

WIl

ount

ofc'Oa?p~ns~tion,o

rw

here

theMiniste~h~

asf.a

jj}ed

tom~ke

·l.l

~~~J

.l")

;,,·

an

ya,

":aT

dw

llthl

i.nS

IXmo

~1Jh

s~er

the

SUbn

tlS~

lOn

of

the

claI

m,

I,(r

.....

,.,~

;.:'

::th

ecl

a:Im

ant

may

pu

rsu

ehI

Sola

J1JIl

lbef

oTe

tfue

Trl

lbun

:al.

I!...

~-

,l(~'

.'(4

)'I1

heMin~ster

may

e:i..

tend

the

tim

ew

ithi

nw

hJid

ha

oLai

m"'i1

.is

tobe

mad

eu

nd

ersu

!bse

otio

n(1

).tW

.;r,;

I

t,t;

)li

nelV

lilllS

ter

shal

lby

noti

cein

the

Gaz

ette

app

oin

t-

PA

RT

VII

I

Lan

dre

ven

ue

69.

(1)

'I1he

resih

alJl

be

paya

ible

inre

spec

tof

leas

es,

unle

ssth

ele

ssee

ise~empt'ed

un

der

subs

ecti

on(2

),su

chg

rou

nd

ren

tas

the

Miin

Jist

erm

ayp

resc

rib

e.·

(2)

Aci

tize

no

fIJ

esot

iho

Wlh

ois

aM

osot

ho(a

nd

the

deci

sion

on

Dac

1a[

quaJ

lMiL

caltJ

ion

slha

lil,su

bje

ctto

any

reg

ula

tio

ns

unde

Tse

c­ti

on

89,

rest

wit

hth

eM

inis

ter)

and

who

has

atta

ined

the

age

ofm

ajo

rJty

,Sl

haJll

be

en1J

iU,e

dto

the

leas

efr

eeof

gro

un

dre

nt

ofth

eL

and

wth

idhh~

leas

esan

doo

cupi

esfo

rhi

sow

nre

,sid

enti

alus

e.(3

)T

he

Min

Jist

er,

inco

nsuG

.'tab

ion

wit

hth

eM

inis

teT

resp

ons­

ible

for

WO

IPks

,m

aypr

escr

,iibe

dev

elo

pm

ent

ohar

ges

(bei

ng

char

­ge

sfo

rth

eco

nst

ruct

ion

and

the

pTov

isao

nof

sel'V

'ioes

incl

ud

ing

roai

ds,

root

-pat

hs,

mai

nd

rain

age,

stre

etli

gh

tin

gan

dan

yol

ther

ooaJ

r.ges

Wlh

idh

are

no

tpr

eSlc

ri:b

edu

nd

eran

yo

ther

'law

)W

hJic

hsh

all

be

calc

ula

ted

inre

lati

on

toth

ear

eaof

lan

dh

eld

byth

ele

ssee

.

Com

pens

a­ti'

on

Pub

lic

serv

itud

e

Ten

der

prem

ium

s

Fee

sfo

rli

cenc

es

l'1:)

'ln

e.lV

J.mis

ter

inco

nsu

ltat

icn

wit

hth

eM

inis

ter

ofF

ina­

nce

may

wai

veo

rre

du

cean

yp

resc

rib

edde

velo

pmen

tch

arg

esw

her

ehe

cons

ider

sit

tob

ein

the

publ

icin

tere

stto

doso

.

70.

Any

pe'r

son

ho

ldin

ga

lice

nce

fro

mV

hest

ate

shaN

pay

ap

resc

rib

edan

nua'

1fe

ein

resp

ect

ofth

eH

c€nc

e.

71.

(1)

'Dhc

resh

all

be

paya

!ble

inre

spec

tof

ag

ran

to

fti

tle

mad

eth

rou

gh

the

ten

der

pro

ced

ure

ap

rem

ium

bein

gth

esu

mof

­fe

red

byth

ete

nd

erer

inco

nsi

der

atio

nof

the

gra

nt

and

inco

nsi­

der

atio

nof

the

valu

eo

fth

ep

rop

erty

the

sub

ject

of

the

gran

t.

(2)

'fh

ep

rem

ium

shaH

bepayabl~

inon

elu

mp

sum

up

on

exec

utio

n0

{th

ele

ase

or

lice

nce

tow

hioh

the

gra

nt

rela

tes

un

less

the

Min

iste

rse

esfi

tto

aHow

pay

men

tby

inst

alm

ents

onsu

chin

­te

rest

term

sas

the

Min

iste

rm

ayde

cide

.

PA

RT

IX

Pu

bli

csc

rvit

ud

esal

ldco

mpe

nsat

i(ln

ther

efo

r

72.

(1)

Wh

enev

erth

eg

ov

emm

ent,

alo

oal

auth

orit

y,a

sta­

tuto

ryco

rpo

rati

on

or

un

der

tak

erre

quiT

esa

way

leav

'eo

rri

gh

tin

the

nat

ure

of

aw

ayle

ave

oV'e·

ran

yla

nd

the

subj

eot

ofa

1!i1J

leu

nd

erth

isA

ctfo

rth

eco

nst

ruct

ion

ofpu

blic

util

ity

wo

rks

or

the

sup

ply

ofpu

blic

uti

lity

serv

ices

,th

eM

inis

ter

may

gra

nt

toth

ebo

dyso

req

uir

ing

Clpu

blic

serv

itu

de

ov

erth

ela

nd

and

the

body

tow

ho

mth

ese

rvit

ud

eis

gra

nte

dsh

all,

sub

ject

tose

ctio

n73

,be

liab

leto

com

pen

sate

the

gra

nte

eo

fth

eti

tle

for

any

dam

age

toth

ela

nd

inth

eex

erci

seof

the

serv

itu

de.

(2)

Wh

ere

the

Min

iste

rh'

asg

ran

red

apU

blic

serv

itu

de

ov

erla

nd

allo

cate

du

nd

erP

art

IIw

hioh

isn

ot

the

sub

ject

ofa

regi

srtr

­ab

leti

tle,

the

Com

mis

s'io

ner

shal

lso

info

rmth

eoh

airr

naill

ofth

eL

and

Co

mm

itte

eha

ving

juri

sdic

tio

nw

.ho

shal

lm

ake

the

appr

opri

­at

ed

ero

gat

ion

en

by

inth

ere

gis

ter

bu

tfa

ilu

reo

nth

ep

art

ofth

ech

Jair

man

tom

ake

the

entr

ysh

aHn

ot

affe

ctth

eva

1idi

tyof

the

gra

nt

ofth

ese

rvit

ude.

73.

(l)

No

com

pens

'aU

onS1

ha[l

be

pay.

able

un

der

sect

ion

72(1

)w

here

-

(a)

the

lan

dw

hilc

hsu

ffel

'Sd

amag

eha

sb

een

eith

erre

­p

lace

do

rre

sto

red

;(b

)m

ov

able

prop

e'li

:yd

amag

edha

sb

een

eibh

erre

pla

ced

or

rest

oTed

;

(c)

the

wo

rks

con

stru

cted

don

ot

inte

rfer

esu

bSJt

anti'

ailly

wit

hth

een

joy

men

to

fth

ela

nd;

(d)

the

loss

aris

eso

ut

ofth

eco

nstr

ucti

onof

aro

adw

hic

hdo

esn

ot

dep

riv

eth

eal

lott

eeor

!m

or·e

than

on

e-te

nth

o£th

ear

e,a

of

the

l,and

and

the

rt:m

aJin

der

cont

inup

sto

be

suit

able

for

use

for

the

pu

rpo

sefo

rw

hich

tue

lan

dw

asg

ran

ted

.(2

)N

oth

ing

insu

:bse

otio

on(1

)s'

hall

be

dee

med

top

red

lud

eth

ep

aym

ent

0'£co

mp

ensa

tio

nfo

,rd

amag

eto

crop

so

ntlh

e~and

af­

fect

edby

the

exer

cise

ofbh

ese

nnit

ude.

(b)

(c)

('Cl)

-I'.'

afte

rco

nsur

ltaH

onw

1tlh

the

Ohi

e!Ju

:sti

cea

chai

r­m

anw

hoslh

Ja!1

lbe

aju

dge

of

the

Hig

hc'

ou

rto

ra

resi

den

tm

agis

traJ

te;

anas

sess

or,

who

slha

llb

ea

Pri

nci

pal

Chi

efo

ran

al­

tern

ate

Pri

ncip

a:l

Chi

efn

om

inat

edby

the

Min

iste

Tso

that

whe

nth

eP

rinc

ipal

lO

hief

has

anin

tere

stin

the

maI

tter

bef

ore

the

Tri

buna

:l,

the

a.It

erna

teslh

a!H

aoti

nh

ispl

ace;

an

asse

ssor

who

sham

.be

ap

erso

nh

old

ing

ade

gre,

eo

rpp

of,e

ssio

nal

qua'

lifi

oati

onin

law

or

lan

dec

ono-

mks

.r

65.

'rh,

ere

slha

llb

ea

derk

or!th~

Tpi

buna

lw

hoSl

hall

be

the

Reg

istm

r,o,

rA

s,su.

s1Ja

ntR

egis

trar

,o[

tlhe

Hig

thO

ourt

who

ord

inar

i­ly

assi

sts

the

jud

ge

wpp

odnt

edas

dhra

Jirm

an,

Oil'

wh

ere

the

oh

airm

anis

are

sid

ent

mag

i<st

mt.€

the

clel

,kto

that

mag

istm

te.

66.

Th

eC

hie

fJu

stic

em

aym

ake

rule

sg

ov

ern

ing

the

pro­

ced

ure

ofth

eT

rdJb

urra

L

67.

(1)

Ex

cep

tW

lher

eol

lher

wis

eex

:pre

ssly

pl'o

v.id

edan

yp

arty

agg

riev

edb

ya

deci

sion

ofth

eT

rib

un

alm

ayap

pea

lto

the

Hig

ihC

ourt

.(2

)T

he

rule

sg

ov

ern

ing

appe

a([s

toth

eH

ligh

Co

urt

fro

ma

SUlb

ordi

na:te

Co

urt

appl

yto

appe

als

fro

mtlh

eTp~bunaL

(3)

No

thin

gin

subs

eoti

on(1

)sh

aLl

pre

clu

de

ap

arty

fro

mC

lIppl

lyin

gto

the

Hig

lhC

ou

rtfO

Tre

lief

wh

ere

ade

cisi

on0I

fth

eT

ri­

bUIli

a:l,

thO

lUgi

hex

pres

s'ed

asf1

mal

,ha

sb

een

reao

hed

inb

reac

hof

the

pr.in

Joip

les

of

natu

raU

jusr

t{ce

.

68.

NO

I1:Jh

ing

inth

isA

otsh

aIll

beco

nst

rued

aso

ust

ing

the

ju11

i.sdl

ict.i

6ho

fth

eH

i1gh

Co

urt

w.it

hre

gar

dto

any

mat

ter

or

dis­

pu

tew

frlia

hdo

esn

ot

f1al[

ww

hin

the

com

pete

nce

ofth

eT

rib

un

aL

I',t

j~'t J

(:

N

4~·:""Ci.i.

I~C

"(,!-

~u

~.

I(

!','1l~~.

"-I"

Pro

cedu

re;~

offj

Tri

buna

l!

App

eals

P:»':)··.~i l,

.'C

lerk

ofT

rib

un

al

,.

Gro

un

dre

nt:

and

1('

I

dev

elo

pm

ent

char

ges

'.,J

b>i

,ib~.

Cou

rt1

'-"'

C'.

r:to~retam

~.,

juri

sdid

tio

n

I'. .,

(.~'

"•

tri:

',iu

:·

l;;)

Whe

reth

eex

erci

seof

apu

blic

serv

itud

eov

erla

ndsu

b­je

ctto

ale

ase

inte

rfer

essu

bsta

ntia

Hy

wit

hth

een

joym

ent

ofth

ela

nd,

the

less

eesh

all

have

the

righ

t,in

lieu

od:

any

com

pens

atio

n.

whi

chh

em

aycl

aim

un

der

subs

ecti

on(1

),to

req

ues

tth

eM

inis

ter

'!.!·

·that

the

who

leof

the

land

leas

edbe

set

asid

efo

rpu

blic

purp

oses

pu

rsu

ant

tose

ctio

n54

.

74.

Sav

eas

othe

rwis

epr

ovid

ed,

this

Par

tap

plie

sto

l'and

un

der

P,a

rtIT

whi

chis

the

subj

ect

ofa

regi

stra

ble

titl

ean

dto

all

Lan

dw

ith

inu

rban

area

,se

lect

edde

velo

pmen

tar

eas

and

sele

cted

agri

cult

um

lar

eas.

75.

(1)

The

Com

mis

sion

ersh

all

keep

com

preh

ensi

vere

­co

rds

orfC

lillla

ndto

whi

chth

isP

art

appl

ies.

(2)

Th

eC

omm

issi

oner

s'hal

:lca

use

tobe

pre

pare

d­

(a)

all

leas

esan

dli

cenc

es;

(b)

wri

tten

cons

ents

req

uir

edof

the

Min

iste

ru

nd

erse

ctio

n36

;(c

)de

eds

oftr

ansm

issi

onw

here

asu

b-le

ssee

or

mor

t­~agee

succ

eeds

toa

leas

ein

acco

rdan

cew

ith

sect

ion

42;

(d)

ann

exu

res

or

deed

sof

vari

atio

nof

leas

esp

urs

uan

tto

sect

ion

41;

(e)

publ

icse

rvit

udes

,an

dsh

aHre

tain

inbi

scu

st0t

l.yco

pies

ofth

edo

cum

ents

list

edin

patr

agra

pihs

(a)

to(e

)an

dof

serv

itud

esex

ecut

edby

him

un

der

sect

ion3~4).

::(3

).A

lldo

cum

ents

pre

par

edby

the

Com

mis

Sli

oner

un

der

SU

b­

sect

ion

(2)

shal

lll,

unle

ssoJ

jjher

wis

epr

escr

ibed

,be

exec

uted

byhi

m.

(4)

'J1he

Co:

rnm

issi

oner

'-sih

lall

caus

eal

ldo

cum

ents

refe

.r>re

dto

inp

arag

mp

hs

(a)

to(e

)of

subs

ecti

on(2

)an

dre

qu

irin

gre

gist

ra­

mon

tobe

reg

iste

red

.

(5)

Upo

nex

ecut

ion

ofan

ydo

cum

ent

refe

rred

toin

para

­gr

ap1h

s(a

)to

(e)

ofsu

bsec

tion

(2)

the

Com

mis

sion

ersh

all

coU

ect

fro

mth

eg

ran

tee

or

tran

sfer

eea:

!ldu

ties

whi

chm

.ay

bepa

y:ab

leu

nd

erth

eS

bam

pD

utie

sO

rder

1972

,bh

eT

ran

sfer

Dut

yA

ct19

66(i

nth

eca

seof

ade

edo

ftr

ansm

issi

onre

f'er

red

toin

subs

ecti

onC

l)(c

)),

and

any

reg

istr

atio

nfe

es.

(6)

Not

wit

hsta

ndin

gse

ctio

ns13

and

48o

ftJh

eD

eeds

Reg

is­

try

Act

1967

,aM

docu

men

tsp

rep

ared

byth

eC

omm

issi

oner

and

inre

spec

tof

whi

chal

ldu

t1es

and

fees

have

bee

nco

Uec

ted

byh

impu

rsUlC

l'!Ilt

to.

subs

ecti

on(5

)s 'h

atl'l

,up

onbe

ing

sub

mit

ted

byth

eC

omm

iSS

ionr

rfo

rre~istrntion,be

reg

iste

red

byth

eR

egis

tDar

.(7

)As

I~de

alin

gsin

inte

rest

sin

land

byo

ron

belh

alf

od:

the

Sta

tesh

al l1

betr

ansa

cted

thro

ug

hth

eC

omm

issi

oner

,an

dal

ldo

cu­

men

tsre

laJt

ing

tosu

Ch

deal

ings

shaH

,su

bjec

tto

any

dire

ctio

nsfm

mth

eM

iIl!

iste

r,be

exec

uted

byhi

m.

App

lica

tion

ofP

art

X

Dut

ies

ofC

omm

is­

sio

ner

~..~.

·~f

p'~'

J:.-

(!

i,'f ""'

::,.,

t'1

-".

•f

_.t,

'~t

0.5

:O

F19

72A

.7

of19

66!

, 'A.

12of

1967

:),

,'I 'I ,! ,.

.if"

PA

RT

X

Dut

ies

ofC

omm

issi

oner

ofL

ands

76.

(1)

Inco

nfor

mit

yw

itJh

sect

ion

62,

tJhe

Com

mis

sion

ersh

alll

requ

€st

the

Reg

istr

arto

endor~

e311

1de

eds

ofti

tle

tola

ndh

eld

by,

Olf

inth

en

ame

of,

or

intr

ust

for,

gove

rnm

ent

tobe

en­

dors

edw

ith

the

men

tion

"set

as'id

efo

rpu

bli{

:pur

pose

s."

(2)

Su

bse

dio

n(1

)sh

JwH

no

tap

p1y

tola

nd

inw

hiic

hat

the

com

men

cem

ent

of

this

Act

ape

rson

hold

sa

subs

id}a

ryri

gh

tO

Tin

­te

rest

deri

ved

fro

mth

ego

vern

men

tno

,I'sh

all

itap

ply

tola

ndin

Whi

chgo

vern

men

tho

lds

asu

bsid

iary

rig

ht

O'l'

inte

rest

.

77.

(1)

The

Com

mis

sion

erm

ay,

byno

tice

inw

riti

ng,

caM

upon

the

exec

utiv

eau

thor

ity

od'

any

para

stat

a'l

orga

nisa

tion

hold

­in

gti

tle

toun

utiH

sed

or

unde

velo

ped

land

tosh

owca

use

why

suah

titl

esh

aJa

no

tre

ver

tto

the

Sta

te,

(2)

Upo

nfa

JHur

eof

the

par

asta

tal

orga

nisa

tion

tosh

owoa

use

wit

hill

six

wee

ksof

bein

gca

lled

upon

todo

so,

titl

eto

the

~and

shat

Hre

ver

tto

the

Sta

tean

d,if

ade

edof

titl

eto

such

land

has

bee

nre

gist

ered

,th

ere

gis

trat

ion

shal

!lbe

canc

elle

dby

the

Re~istrar

atth

ere

qu

est

ofth

eC

omm

issi

oner

.(3

)O

ause

shaJ

J.be

dee

med

tobe

show

nu

nd

ersu

bsec

tion

(1)

wh

ere

the

para

stat

a:l

orga

nisa

tion

prod

uces

siC

lJtis

fact

ory

ev

iden

ce-

(a)

ofit

sin

tent

ion

toit

self

use

and

deve

lop

the

lan

dw

ithi

na

peIl

iod

ofon

eye

ar;

and

(b)

tlhat

the

use

and

deve

lopm

ent

inte

nded

isn

ot

in­

com

iste

nt

wit

han

ypl

'ann

ing

inre

spec

tof

the

area

wh

ere

the

land

issi

tuat

ed.

(4)

Fo

rth

epU

q>O

seof

t1hds

sect

io!I

l,la

ndis

deem

edto

beun

­ut

illi

sed

or

unde

velo

ped

notw

ista

ndin

gth

atit

has

been

hedg

ed,

fenc

ed,

clea

red

or

leve

Hed

or

that

1tis

used

asa

plac

eof

depo

sit

for

refu

se,

was

teo

rsc

rap

or

asa

stan

ding

or

park

ing

plac

efo

rvc

l1Ji

dles

.

78.

Th

eC

omm

issi

oner

shat

ll,w

hene

ver

prac

tica

ble

-(a

)gi

vesu

chad

vice

and

assi

stan

ceto

Cha

irm

enof

land

Com

mit

tees

per

form

ing

thel

irdu

ties

un

der

Par

tII

asw

ill

ensu

red

ue

com

p'l1

:anc

ew

}th

the

proc

edur

esla

iddo

wn

inth

atP

art;

(b)

asce

rtai

nth

atth

ere

gist

ers

refe

rred

toin

sect

ion

17(2

)ar

epr

oper

lyke

pt.

PA

RT

XI

Gra

nts

of

titl

esto

land

79.

(1)

Ifa

mem

ber

ofth

eL

and

Com

mit

tee

or

Urb

anL

and

Oom

mit

tee,

or

his

spou

sedi

rect

lyo

rin

dire

ctJI

yha

san

ype

rson

alin

tere

stin

a..TJ.y

mat

ter

cons

ider

edo

rto

beco

nsid

ered

byth

eco

rn­

rrui

ttee,

he

Slha

llim

med

iate

lydi

sclo

setJ

hat

inte

rest

and

shal

ln

ot

bep

rese

nt

atth

em

eeti

ng

whi

lleth

atm

atte

ris

bein

gdi

scus

sed

and

shaH

no

t1J

akep

a:rt

inan

ydi

scus

sion

or

vote

onan

yqu

esti

onar

is­

ing

ther

e-fr

om.

(2)

Wh

enev

erth

eaf

fect

edm

emb

eru

nd

ersu

bsec

tion

Cl)

isth

eoh

airm

an,

the

mem

ber

sp

rese

nt

tJhe

reat

shal

lel

ect

one

ofth

eir

num

be:r

tobe

chir

man

.

End

orS

eIof

Gov

erm

ent

tit!

Rev

ersi

Xll

Sta

teof

rig

hts

top

aras

tata

!Jan

d

Ass

ista

ncE

toch

airm

Gran~

of

titl

esto

com

mit

tee

me

mb

ers

,Ii.

'

App

lica

tion

oto

the

rla

ws

No

regi

stra

.tio

nex

oopt

Y.a

rtin

:st:a

.nce

cA.

C0m

mis

­si

oner

Pri

ori

tyo

fd

ual

allo

cati

ons

I "

Su

bsi

dia

ryri

gh

tsin

Sta

tela

nd

'I'ra

nsit

iOD

laI

prov

iSio

nsfu

rd

isq

ual

i.fle

d'h

old

ers

:>f"'

larid

' "'.•

igh

t,g

'.' /.~{l

~.:

.,

l'"

H·'

;'('

l',,

':.-

oid

titl

es

J:'A

1tT

Xli

Mfs

,cel

lane

ous

Pro

visi

ons

80.

Not

Wlit

Jhst

andi

ngth

epr

ovis

ions

ofan

yo

ther

l<lJ

Wan

dfo

r"t

he

avoi

denc

eof

doub

tse

ctio

ns14

and

15an

dP

arts

VI

and

IXsh

all

appl

yto

the

excl

usio

nof

any

othe

rla

w.

81.

Not

wit

hsta

ndin

gan

yot

Jher

law

the

Reg

istr

arsha.l~

not

regis~

any

tiJtle

gra

nte

dun

der

this

Act

exce

ptup

ontlh

eap

pl'io

a­ti

on

ofth

eC

omm

issi

oner

.

:'"

82.

Wlli

.ere

atth

eoo

mm

ence

men

tof

this

Act

any

land

00"

par

ttlh

ere:

of'h8

.!S,

whe

tlhe

rby

erro

ro

rot

herw

ise,

been

tihe

SUbj

ect

of

two

or

mo

reail

iloca

tion

s,th

eal

lott

eew

hoha

sus

edtih

elJ

and

an

dm

<lJd

eim

prov

emen

tsth

ereo

nsh

all

horrd

titL

eto

the

land

inpr

efe­

renc

eto

any

ailil

otte

ew

hole

ftth

el<

and

unus

edan

dun

deve

lope

d.83

.(1

)W

here

,at

bhe

com

men

cem

ent

of

this

Act

,a

per

son

:hol

dsth

eri

gh

tto

use

or

occu

pyS

tate

lan

din

any

area

and

this

rig

ht

isde

rive

dfr

om

the

Sta

teot

herw

ise

than

byti

tle,

such

rig

ht

may

be

conv

erte

din

toa

le8.!S

eo

r1i

cenc

eat

t!he

disc

reti

onof

the

Min

iste

r.(2

)In

e~rci'sing

his

d1S'

Cre

tion

unde

rSU

bsec

tion

(1)

the

Min

iste

rsh

8.!lJ

have

reg

ard

toth

ere

mai

ning

dura

tion

00bh

epe

r­so

n's

righ

t,tfr

lepr

edom

inan

tus

eol

ftih

ela

ndan

dth

eIli

aItu

xeo

fth

atus

e.

84.

(1)

Any

pers

onwho:~

(a)

rat

the

com

men

,cem

ent

ofth

isA

cth

eld

ati

tle

to~

~and

bu

tis

byre

ason

ofse

ctio

n6

dtsqualif~ed

from

sodo

ing;

(b)

byre

ason

olflos~

ofci

tize

nshi

po

rot

Jher

wJ,s

ece

as,e

sto

bequ

:aJl

.ifie

dto

norr

dti1

Jleto

land

,sh

all

cont

inue

toho

ldth

esa

me

for

ape

riod

of1

2m

onth

s,an

dm

ayd

uri

ng

thJa

tpe

I1io

dan

dw

ith

the

cons

ent

of

Min

Jist

erce

dehi

sri

ghts

toa

peIlS

'on

qua!

l.ifi

edu

nd

erse

ctio

n6.

(2)

Ape

rs'o

nw

hof1

ai[s

tobe

oom

equ

a1iJ

iied

CAr

toce

dehi

sI1i~hts

W1i

tfrlin

the

per

iod

of12

mon

ths

men

tion

edin

subs

eotli

on(1

)so

ol,l,

unle

sshi

sti

tle

has

been

ear-

Her

terr

nint

ated

,be

enti

tled

tore

ceiv

eth

eva

[ue

ofaJ

liim

prov

emen

tslla

wfu

llym

ade

ontJh

ela

ndup

ontlh

eex

piry

ofth

e12

mon

ths'

peI'1

iod

and

the

then

cons

eque

l?-t

reve

rsio

nof

his

inte

rest

inbh

elia

ndto

bhe

Sta

te.

85.

(1)

Any

gran

rt:of

titl

eo

fla

nd

unde

rP8

.!rt

ITm

ade

con­

trar

yto

the

prov

isio

nsof

that

Ba.

rtsh

all b

eo

fno

effe

ct.

(2)

Any

ddsp

osi<

lJ.of

prop

erty

cont

rary

toth

epr

ovis

ions

of

thlis

Act

s!ha

lllb

eo

fno

e[fe

ct.

(3)

Any

tran

Sla

ctio

nre

quin

ing

1Jhe

cons

ent

oftih

eM

inis

ter

shal

l!l,

whe

resu

dhco

nsen

tha

sbe

engi

ven

cont

rary

toth

epT

Ovi

­Sl

i.ons

00tJh

!.isA

ct.

be

ofno

effe

ct.

(4)

Sav

eas

unde

rse

dio

n41

,w

here

land

gran

ted

for

asp

e­ci

fic

purp

ose

isco

nver

ted

by

the

allo

ttee

01'

gran

tee

toan

othe

rpu

r-po

se,

bhe

allo

'ttee

orgr

ante

esh

all

forf

eit

his

titl

eto

the

land

.86

.(1

)N

otJi

ceu

nd

erse

ctio

n9

(2),

13(4

),14

(2),

or

55,

shal

lbe

serv

edei

thel

fpe

rson

aHy

onth

epe

rson

sto

bese

rved

or

byle

avin

git

atth

eir

last

usua

lpl

ace

ofre

side

nce

orbu

sine

ss;

but

ifan

ysu

chpe

rson

is8.

!bse

ntfr

omL

esot

hoth

eno

tice

shal

lbe

left

wi<

thU1

!eoc

cupi

erof

the

land

the

subj

ect

ofth

eno

tice

or,if

ther

eis

nooc

oupi

er,

sha

llbe

affi

xed

upon

som

eco

nspi

cuou

spa

rtoi

the

prop

erty

.(2

)If

tihe

pers

onup

onw

hom

noti

ceis

tobe

serv

edin

pur­

suan

ceof

subs

ecti

on(1

)is

abo

dyco

rpor

ate,

the

noti

cesh

all

bede

emed

toha

vebe

endu

lyse

rved

ifle

ftat

,or

addr

esse

dby

post

to,

its

regi

ster

edor

prin

cipa

lof

fice

sin

Les

otho

.87

.(1

)A

nype

rson

who

occu

pies

land

and

any

pers

onw

hoca

uses

,ai

dsor

abet

san

ype

rson

tooc

cupy

land

wit

hout

prop

erau

thor

ity

shal

'lbe

guil

tyof

anof

fenc

ean

dli

able

toa

fine

of50

0ra

nd

and

tosi

xm

onth

s'im

pris

onm

ent,

and

the

cour

tco

nvic

ting

tihe

offe

nder

may

ord

erth

epe

rson

tovc

.:.ca

teth

elW

ldfo

rth

wit

hO

ifw

itihi

na

spec

ifie

dpe

riod

01

tim

e.(2

)A

nype

rson

who

1~'111a

ins

inoc

cupa

tion

ofla

ndin

defi

­an

oeo

fa

oour

tor

der

unde

rsu

bsec

tion

(1)

isgu

Uty

ofan

offe

nce

and

Hab

leto

bhe

pena

ltie

sjJ

rcsc

ribc

du

nd

ersu

bsec

tion

(1)

anti,

inad

diti

on,

toa

fine

ofE

vera

nd

ada

yfo

rev

ery

day

duri

ngw

hich

the

unJl

awfu

loc

cupa

tion

cont

inue

s.(3

)W

here

ape

rson

has

been

conv

icte

dun

der

subs

ecti

on(1

)an

dno

ord

erh

asbe

enm

ade

fo,r

vaca

ting

the

land

or

whe

resu

cho

rder

has

bea

nm

ade

and

the

peri

odsp

ecif

ied

has

expi

red,

the

pro­

per

autJ

hori

tyor

the

pers

onho

ldin

gri

ghts

inor

over

the

land

may

seek

the

8.!S

sist

ance

ofth

eP

olic

ein

evic

ting

the

oonv

icte

dtr

es­

pass

erfr

omth

ela

nd,

(4)

Fo

rth

epu

rpos

eof

this

sect

ion

occu

pyin

gla

ndw

itho

utp

rop

erau

thor

ity

incl

udes

rem

win

ing

inoc

cupa

tion

ther

eof

afte

rth

eda

teon

Whi

ohth

ela

ndsh

ould

have

been

vaca

ted

asa

cons

e­qu

ence

ofa

term

inat

ion

noti

ce,

are

voca

tion

noti

ceo

ran

yo

ther

nntll

ceto

vaca

tegi

ven

unde

rth

isA

ct.

88,

(1)

Any

pers

onw

hoco

rrup

tly

acce

pts

orob

tain

so

rag

rees

toac

cept

or

atte

mpt

sto

obta

infr

oman

ype

rson

,ei

ther

for

him

self

or

any

oth

erpe

rson

,an

ygi

fto

rco

nsid

erat

ion

asan

in-·

duce

men

rto

rre

war

dfo

rdo

ing

orom

itti

ngto

doo

rfo

rha

ving

done

or

omit

ted

todo

any

act

whi

chit

iso

rw

ashi

sdu

tyto

door

refr

-ain

from

dolin

gu

nd

erth

isA

cto

rfo

rsh

owin

go

rre

frai

ning

from

show

ing

favo

ur0

1'di

sfav

our

toan

ype

rson

inre

lati

onto

any

mat

ter

refe

rred

toin

this

Act

isgu

ilty

01

anof

fenc

ean

dlri

able

toa

fine

of

500

ran

dan

dto

one

year

'sim

pris

onm

ent.

(2)

Any

pe'l'S

onw

hoco

rrup

tly

give

so

rag

rees

togi

veo

roJ

fe'1\

5an

ygi

fto

rco

nsi

dcn

tio

nto

any

pers

onas

anin

duoe

men

to

rre

war

dfo

rdo

ing

or

forb

e:1r

ing

todo

or

for

havi

ngdo

ne£0

1'-

hlf'\

.,..,.

.,nf.

,...

..-1,

...:-

_._

1.'

•~.,

Ser

vice

ofno

tice

s

Un

law

ful

occu

pati

ono

fla

nd

Oth

erof

fenc

es

Reg

ulat

ions

"A

men

dmen

to

f'

Sch

edul

es

r !'~.

," ir1

4~t

~~~~1:~

Am

endm

e;of

sect

ion

ofA

ct12

(19

67

Am

endm

ent

ofse

etio

n24

ofA

ct12

of19

67

94.

Sect

iJ<m

24of

the

Dee

dsR

egis

try

Act

1967

ish

ereb

yam

end

edby

--

(a)

del

etin

gil

lsu

bsec

tion

(1)

the

wor

d"E

ver

y"

and

sub

stit

uti

ng

ther

eio,

rth

ev/

ords

"Sav

eas

isot

her­

wis

epr

ovid

edin

the

Lan

dA

ct19

79o

ran

yo

ther

Law

,ev

ery"

;(b

)d

elet

ing

insu

bsec

tion

(3)

the

wo

rd"E

ver

y"

and

sub

stit

uti

ng

ther

efoi

l'th

ew

orrd

s"S

ave

asis

othe

r­w

ise

proV

1ide

din

the

Lan

dA

ct19

79o

ran

yo

ther

l'aw

,ev

ery"

;(c

)de

ll.'e

ting

insu

bsec

tion

(4)

the

wor

d"E

ver

y"

and

sub

stit

uti

ng

ther

efo

rth

ew

ords

"Sav

eas

isot

her­

wis

epr

ovid

edin

the

Lan

dA

ct19

79o

ran

yo

ther

law

.ev

ery

;"an

dPA

RT

XII

IA

men

dmen

ts,

Rep

eals

and

Sav

ings

93.

Sub

sedi

oiIl

(2)

ofse

ctio

n15

ofth

eD

eeds

Reg

istr

yA

ctA

men

d!U

ent

1967

ish

ereb

yam

,end

edby

dele

ting

the

wor

d"E

ver

y"

and

bysu

b-of

sect

ion

stit

utiJ

ngth

erei

nr

the

WO

'l'ds

"Sav

eas

isot

herw

ise

prov

ided

inth

e~~

f~~c

t12

Lan

dA

ot19

79o

ran

yo

ther

llaw

,ev

ery

"

91.

(1)

Sub

sect

ion

(1)

ofse

ctio

n2

ofth

eD

eeds

Reg

istr

yA

ct19

67is

her

eby

amen

ded

by

-(a

)-d

elet

iling

par

agra

ph

(c)

ofth

ede

fini

tion

of"i

m­

mov

able

pro

per

ty"

and

SU

bsti

tuti

ngth

efo

llow

ing

ther

efo

r-

"(c

)an

yle

ase

graJ

llt.e

du

nd

erth

eL

and

Act

1979

;o

r(d

)an

yri

gh

tto

min

eral

s(i

nclu

ding

any

rig

ht

tom

ine

for

min

eral

s)an

da

leas

eo

rsu

blea

seof

such

rig

ht;

"(b

)de

1let

ing

fro

mth

ede

fini

tion

of"p

rop

erau

tho

rity

"th

ew

ords

"th

eC

onst

itut

ion

ofL

esot

hoan

dan

yo

ther

"an

dsu

bst

itu

tin

gth

eref

or

the

wor

d"a

ny

".(2

)S

ubse

ctio

n(3

)of

sect

ion

2of

the

Dee

dsR

egis

try

Aot

1967

ish

ereb

yam

end

edby

-(:a

)in

sert

ing

the

wor

d"b

enev

ole

nt"

imm

edia

tely

bef

ore

tJhe

wor

d"c

har

itab

le"

inpa

ragr

arph

(b);

(b)

sub

stit

uti

ng

1!he

wor

ds"h

ospi

tal,

clin

ico

rdi

spen

­sa

ry"

fo,r

the

wor

ds"p

ubli

cho

spita

!l."

inp

arag

rap

h(c

),an

d(c

)ad

ding

the

foll

owin

gne

wp

arag

rap

h--

"(d

)an

ypu

rpos

essp

e.ciJf

',j,ed

inle

ases

gra

nte

do

ris

­su~d

un

der

the

Lan

dA

ct19

79."

92.

Sec

tion

9of

the

Dee

dsR

egis

try

Act

1967

ish

ereb

yAmen~ent

amoo

.ded

byde

letr

ing

the

wor

d"m

ay"

inth

efi

rst

line

ther

eof

and

.of

sect

IOn

9su

bst

itu

tin

gtJ

here

fiOr

:th

ew

o'rd

s"m

ay,

sub

ject

toth

epr

ovis

ions

~~t~

l2o

fan

yo

ther

law

,".

~--

01

-~~.

VH

cu

Ct

dn

Q!l

aDle

toth

epe

nalt

ies

pres

-cr

ibed

un

der

subs

ecti

on(1

)

89.

Th

eM

inis

ter

may

mal

<ere

gula

tion

sfo

ran

yo

ne

or

mo

reo

fth

efo

llow

ing

purp

oses

-,",,

- --(a

)pr

escr

ibin

gth

em

ann

erin

wh

kh

lea~es

and

licel

H.:c

;;ar

eto

beex

ecut

edby

or

onb<

!hal

fof

the

Sta

te;

(b)

prov

idin

gfo

rth

eco

ndit

ions

un

der

whi

chag

ricu

ltu-

:i,i

rall

oeas

esm

aybe

gran

ted;

(c)

pre

scri

bin

gth

esi

zeof

plot

sw

hich

may

behe

ldby

any

pers

ono

rfo

ran

ysp

ecif

icpu

rpos

e,th

en

um

ber

ofpl

ots

whi

chm

aybe

held

byan

yo

ne

pefs

on;

(d)

pre

scri

bin

gth

eci

rcum

stan

ces

and

cond

itio

nsu

nd

er.

whi

ohth

eMini~ter

may

wit

hhol

dco

nsen

tto

tran

s­ac

tion

sre

qu

irin

ghi

sco

nsen

tu

nd

erse

ctio

n36

;(e

)pr

ovid

ing

for

the

cond

itio

nsu

nd

erw

hich

tile

Min

i­st

erfo

rC

omm

erce

and

Indu

stry

shal

lm

ake

reco

m­

men

dati

ons

whe

nso

req

uir

edu

nd

erth

isA

ct;

(f)

pre

scri

bin

gth

eco

ndit

ions

and

circ

umst

ance

su

nd

erw

hich

the

disq

uali

fica

tion

sim

pose

dup

onco

mpa

nies

and

par

tner

ship

su

nd

erse

ctio

n6

may

bew

aive

d;(g

)de

fini

ngth

eus

epu

rpos

e.:

Ala

nd;

(h)

prov

idin

gfo

rth

epr

oced

ure

and

qu

oru

mat

mee

t­in

gsof

Urb

anL

and

Com

mit

tees

and

expe

nses

and

allo

wan

ces

paya

ble

toit

sm

embe

rs;

(i)

d.nre

spec

tof

grou

ndre

nts

and

lice

nce

fees

and

the

call

cula

tion

t!he

reo'

f,an

dti

leci

rcum

stan

ces

un

der

whi

chpe

rson

al.,

levi

esm

aybe

atta

ched

tog

rou

nd

ren

tspa

yabl

eby

par

ticu

lar

less

ees;

(j)

tJhe

term

san

dI

cond

itio

nsu

nd

erw

hiah

ren

t-fr

ee•

leas

esu

nd

erse

c,ti

on69

(2)

shal

lbe

enjo

yed;

(k)

pre

scri

bin

gth

em

etho

dof

asse

ssin

gth

eva

lue

ofim

­p

rov

emen

tsni

a:de

for

purp

oses

ofp

aym

ent

ofco

m­

pens

atio

n;(,1

)la

ying

dow

nth

eco

nsid

erat

ions

whi

chw

ou/ld

just

ify

wai

ving

the

ten

der

proc

edur

ein

the

case

ofm

ulti

­p

leap

plic

atio

ns;

(m)

layi

ngdo

wn

~the

circ

umst

ance

sa...

...dco

ndit

ions

un

der

whi

chte

nder

s,w

het

her

the

hig

hes

tO

'rot

her­

wis

e,m

ayb

ere

ject

ed;

(n)

the

pre

ven

tio

no,

fsp

ecul

ativ

ede

cilli

ngs

inla

nd

;·(0

)g

ener

ally

for

the

bet

ter

carr

ying

into

effe

ctof

this

Act

.90

.T

he

Min

iste

rm

ay,

byor

der,

amen

dth

eS

ched

ules

.

.~~~

.,

,or~l

;

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, .

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.\ '., ~.'.

l',~

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Am

endm

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of

sect

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2o

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rocl

ama·

tio

n51

of19

57

Am

end

men

tof

sect

ion

2o

fP

rocl

ama·

tio

n19

of19

35

Con

stru

alof

Exi

stin

gB

y­L

aws

and

Reg

ulat

ions

Rep

eals

A.

20of

1973

A.

16of

1973

Sav

ings

.....}

-:d

.-'

.... .

~,

L.

N.

9of

74

:;1'

., !.~ Fen

cin

g

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ite

pla

n

---0

--~_~uv~o~vu

~U)

l,ue

wo

rn"a

nyan

dsu

b­st

itut

ing

ther

efor

the

wor

ds"S

ave

asis

()I1:!herwis~

prov

ided

inth

eL

and

Act

1979

oran

yo

ther

law

,ev

ery"

;

95.

Sec

tion

2of

the

InsO

l1ve

ncy

Pro

clan

mti

on19

57is

here

byam

ende

d.by

de'le

ting

the

defi

niti

onof

"im

mo·

v'ab

a.e

prop

etrt

y"an

dsu

bsti

tuti

ngth

efo

How

ing

ther

efor

-"i

mm

ovab

lepr

oper

ty"

shal

lha

veth

em

eani

ngas

-q

f'cr

ibed

ther

eto

inth

eD

eeds

Reg

istr

yA

ct· 1

967.

96.

Sec

tion

2of

the

Acl

irni

nist

ratio

nof

Est

ates

P:ro

cl,a

mat

ion

1935

ishe

l'eby

amen

ded

byde

leti

ngth

ede

fini

tion

of

":im

mov

able

prop

erty

".an

dsu

bsti

tuti

ngth

efo

How

ing

tlhe

refo

r-

"r

"im

mov

able

prop

erty

"sh

all

have

the

mea

ning

as­

crib

edth

eret

oin

the

Dee

dsR

egis

try

Act

19u7

,97

.A

nyex

isti

ngre

gula

tion

orby

-law

shal 1

1,fr

omth

eco

min

gin

toop

erat

ion

ofth

isA

ct,

beco

nstr

ued

wH

ihsu

ohm

odif

icat

ions

,<a

dapt

atio

ns,

qual

ific

atio

nsan

dex

cept

ions

asm

aybe

nece

s'sra

ryto

brin

git

into

conf

orm

Hy

wit

hth

epr

ovis

ions

of

this

Ad

and

any

regu

lati

onm

ade

here

unde

r.

98.

'Dhe

Lan

dA

ct19

73an

dth

eA

dmin

istr

atio

nof

Lan

dsA

c.119

73ar

ere

peal

ed.

"

99,

(1)

'Dhe

Lan

dR

egul

atJi

ons

1974

,ex

cept

ing

regU

lati

on4

whi

ohis

repe

aled

,slh

a!l'l

cont

inue

toha

veef

fect

unti

lre

voke

do

r's

uper

sede

dby

regu

lati

ons

unde

rth

isA

ct.

(2)

Dev

elop

men

tO

onfm

litte

eses

tabl

ishe

du

nd

erth

eL

and

Reg

ulat

ions

1974

shaH

,no

tw1t

hsta

ndin

gth

atth

epe

I'iod

for

whi

Clh

the

mem

ber

sth

ereo

fha

ve,b

een

appo

inte

dm

ayha

veex

pire

d,oo

n­ti

nue

Wfu

nct

ion

.un

tWl

suah

tim

eas

the

Min

iste

rre

voke

sth

em

emb

ers'

appo

:int

men

ts.

'.'

-'.,

FIR

ST

SCH

ED

UL

E(S

EC

TIO

N2

)

Sta

tuto

ryC

ondi

tions

for

Lea

ses

othe

rth

anA

gric

ultu

ral

Lea

ses

1U

nO.e

ssth

eM

inis

ter

dire

cts

othe

rwis

-e,

the

less

eesh

all,

wit

hin

six

mon

ths

'OIf

'the

date

offu

egr

ant,

fenc

eth

ebo

unda

ries

01th

e!l:

and

land

1Jhe

J<es

S'ee

shal

lm

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ain

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eto

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sati

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of

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wan

d.it

sap

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nto

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l'and

un

der

leas

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the

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the

Min

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s-a

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site

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ther

fio'I1

lllsof

Land

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lopm

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3U

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enau

thor

ity

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ter,

the

Dev

elop

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ence

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gra

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hin

ap

eno

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twen

ty-f

our

mon

ths

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teof

the

gl'a

nt.

4C

ondi

tion

No

2sh

all

appl

vw

here

appl

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lhe,

rde

ve-

Fu

rth

er_

•J

"h

f<,

I-,n

deve

lopm

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tof

the

land

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rle

ase

du

nn

gt

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rm0'

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5W

,ithi

na

peri

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tim

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be:rix~d

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Mi~ister,

the

le:s

-D

l'ain

age

see

shal

lat

his

own

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all

dram

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don

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~and

conn

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asth

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inis

Ler

may

requ

ire.

6In

the

even

tof

any

mai

nbu

ildi

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rect

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the

Land

bein

gD

emol

itio

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stro

yed,

dem

olis

hed

or

rem

oved

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ele

ssee

shal

'll'e

pJac

evh

ebu

ildi

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itJhi

na

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ied

byth

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inis

tel'

and

Con

diti

ons

Nos

.2

and

3sh

aHap

ply

wlh

ere

ap-

plic

able

.7

The

'less

eesh

all

use

the

land

com

pris

ed,in

the

leas

eon

lyfo

rL

and

use

the

purp

ose

spec

ifie

din

the

gra

nt

or

in'a

nyva

l11a

tion

mad

eto

the

orig

inal

gra

nt

ofle

ase.

8T

hele

ssee

shal

lp

erm

it'e

ntry

onth

e!.!

Jand

atan

yre

ason

able

En

try

perr

iod

of

bhe

day

by'a

llydU

ilyem

po

wer

ed:-

(i)

offi

'cer

,em

ploy

ee,

serv

ant

orla

gent

ofth

eG

over

n­m

ento

fL

esot

ho.

(ii)

empl

oyee

,se

-rva

nto

rag

ent

ofan

yst

atut

ory

corp

ora­

tion

ro,r

par

asta

tal

org,

anis

atio

nes

tabl

ishe

dto

prov~de

and

mai

ntai

npu

blic

util

ity

serV

lices

.9

Sav

ew

iith

Vhe

wI1

1tte

nau

thor

ity

of

the

Mi.n

iste

r,no

elec

trio

al.

Exi

stin

gpo

wer

0'1'

tele

phon

epo

leai

rlin

eo

rw

a1e-

r,dl

'ain

age

Olf

sew

erse

rvic

espi

pebe

ing

upon

or

pass

ing

thro

ugh,

over

or

un

der

the

land

and

no

repl

acem

entb

here

of,

shaH

bem

oved

Olf i

nan

yw

aybe

inte

lfif

e-re

d\vt

i..tJh

iClnd

reas

onah

leac

cess

ther

eto

slh!aJ

!ilbe

pres

oer·

ved

,toal

low

for

_ins

peot

ion,

mai

nten

anoe

,re

pair

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new

alan

dre

pla

cem

ent

tlhe

reoi

.'

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ull

rig

ht

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free

lyto

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un

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ter

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ntto

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atu

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corp

ol'a

iion

0'1'

para

star

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gani

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on,

the

nigh

tfr

eely

toex

erci

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rha

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icse

rvit

ude

over

the

lan

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ing

,and

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'inta

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util

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serv

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gel

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one

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ying

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wer

so

rw

ater

pipe

sla

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aint

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esa

me.

11T

hein

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aIfd

, 9~eriorof

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ted

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the

land

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dal

lbu

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ons

ther

eto

and

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oth

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me

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ilian

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alls

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itio

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the

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olf

the

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iste

r.

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FO

RM

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eof

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Des

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qu

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......

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ran

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um

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LE

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App

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ina

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ount

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Ren

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5 6

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allo

cati

onto

.my

per

son

and

that

thGommi~Ge

who

gra

nte

d1J

h!is

allo

oatiJ

o:n

,ret

aJns

tlhe

trad

itio

nal

rig1

ht

tore

voke

a!ll

or

par

tod

' th

isal

1ooa

tion

incl

udin

gilh

eri

glht

tode

roga

teo

rle

ssen

my

ri.~hts

olf

use

and

occu

p.at

ion.

Dat

e,...

.....",.

.....

,....

...""

,""

..'.. ,

I,

Cer

tifi

cate

1T

O:-

2N

ame

ofap

plic

ant

",..

,,""

"..

..'

..

addr

ess

od' a

;p.p

Uca

nt:

.,.

,...

....

....

...

..

Tel

epho

neN

o:-

....

.."..

....3

I 1(11

111

a/w

eare/ci>ti~en/sof

LeSQ

itho.

OR

I/W

eho

lda

per

mit

for

inde

fint

teso

jou

rn/r

esid

ence

gran

ted

un

der

sect

ion

6of

the

Ali

ens

Con

trol

Act

1966

asfo

llo

ws:

-Pe

rmi<

tN

o'

Dat

ed,

,'.',

.",'

..P

erm

itN

o.,

,,"".

Dat

ed".

....

,,

..O

R11

he'a

ppli

cant

com

pany

jco

rpo

rati

on

is'in

corp

orat

ed/

regi

s­te

red

un

der

Leso

rtJho

law

and

deta

ils

end

ose

dar

eas

foll

low

s-(Ii

)a

cert

ifie

dco

;py

of

the

Cer

ti!fi

ioat

eof

Inco

rpor

atio

n/R

egis

tmti

onan

dal

soa

celt

ifie

dco

pyoJ

tJhe

Mem

ol'a

ndum

and

Art1

01es

ofA

ssoo

i'aU

on;

See

note

abov

e

Com

plet

ede

tail

s

App

lica

tion

for

ag

ran

t of

ale

ase

or

lice

nce

4U

the

appl

ican

tis

,abo

dyco

rpor

ate

esta

bili

shed

0'1'

regi

ster

edin

Les

otJh

o,pl

ease

pl'oV

1kle

the

foll

owin

gin

form

atio

n...:

.-(Ii

)N

ames

,ci

tizer

us1h

ipan

dadd

ress

e..s

Oif

the

offi

cers

olf

the

com

pany

empo

wer

edto

affi

xth

eco

mpa

ny's

seal

and

exec

ute

docu

men

ts/d

eeds

onit

s'be

half

.

, !';'1

J:J'

}.;'l

t,t:

~ .

~~H

I,.

'l(

I"

b;'.'

.l,

.t,'

!I"W;'.~I'"

.... "

Sig

llai

ture

of

pers

onw

how

itnes

S'ed

the

,"af

:fix!

ing

ofth

etih

umfb

pri

nt.

,,

THIR

DS

CH

ED

UL

E

(Sec

tion

5)

. '..

FO

RM

"B"

(ii)

. ..•

....

.•.

..

......

......

....

...

Add

ali

st(

cert

ifie

dco

pies

ofdo

cum

ents

evid

enci

ngth

eap

plic

ant's

rig

ht

toho

lla

nd

inL

esot

hoif

(i)

does

no

t'ap

ply

(iii

)'I1

hen

ame

'and

addr

ess

oft!h

edu

lyap

poin

ted

agen

tto

get

her

wit

ha

cert

ifie

dC

OD

Vo

f'h

ii~

rp.D'i,~h'rMl

I•

~

(Del

ete

any

pa

rto

f 1Jh

iisfo

rmw

hidh

does

not

appl

y)

No

te:-

If:t!

his

apP

lica

,tion

ref'e

rsto

land

in:-

(i)

anu

rban

area

,.iJt

shou

ldbe

addr

esse

dto

the

Sec

re­

tary

,U

rban

Lan

dC

omm

itte

e,c/

o-

11he

Tow

nO

lerk

/Th

eD

istr

ict:

Adm

lini

stm

tor

ofth

euI

iban

area

oif t

own

conc

erne

d;(i

i)a

sele

cted

deve

lopm

ent

area

,it

shou

ldbe

ladd

ress

edto

the

Oom

mis

sion

erof

Lan

ds,

P.O

.Bi

Oix

876,

Mra

seru

100.

(Iiilli

)a

sele

cted

agri

cult

ural

area

,it

s'hoU

!l.d

bead

dre·

ssed

totJ

heM

inis

ter

of

Inte

rior

,p.

a.B

ox17

4M

asp>

rll1nn

(1i)

Wh

eth

eran

ysh

are

hOlld

ing

lisIh

eld

byLe

stO

tho

citi­

zens

or

com

pani

esw

:hoU

yow

ned

or

oper

ated

byLe

so1J

hoci

tize

ns'a

ndth

eex

tent

0,[

this

shar

eh

old

ing

:-

u

pV

VY

C;.

LV

ildL

wH

ley

'11w

e{X

lmpa

ny's

offi

cers

are

not

Les

otho

citi

zens

'or

don

ot

hold

perm

its

ofin

defi

nite

sojo

urn

inL

esot

ho-

(Ui)

Par

ticu

lars

of

appr

opri

ate

pen

nit

s(c

opie

sto

been

clo­

sed)

if}a

ndis

requ

ired

for

ape

tr<Jl

stati

on

:-

5If

,th

eap

plic

ant

isa

Com

mon

we,

allth

or

For

eign

Gov

ernm

ent,

or

isan

inte

mat

Ji'o

nail.

Org

ani\s

'atio

nem

pow

e.re

dto

hOrld

lran

d,ki

ndly

lSup

ply

the

nam

e,ad

dres

s'a

ndti

tle

or

offi

ceof

the

pers

onor

·re

pres

enta

tive

empo

wer

edto

exec

uJte

deed

s00

­do

oum

ents:-

('iv)

......

...

Pro

pose

din

vest

men

tam

ount

and

deta

ils

ifex

pend

itur

e01

'th

isam

ount

isto

bepl

hase

dw

ith

info

,rmat

bion

abo

ut

nom

inai

l.ca

pita

lan

dpa

id-u

poa

pita

lto

be

'inve

sted

:in

Leso

tho

:-

(v)

Are

,em

ploy

men

top

port

unit

1es

tobe

mad

eav

aila

ble

toL

esot

Jho

cit'i

zens

and

'ifso

deta

ils

of

tJhe

sew

ith

're·g

ard

toan

yco

mm

erci

alo

rin

dust

rial

unde

rtak

ing:

HH

H...

......

...

(vii

).I

fth

eanl

Sw

erto

(v-i)

isin

the

IGllf

firm

ativ

eW

I.'1e

ther

the

orpe

-rat

Lons

0'£th

eun

dert

akin

gha

vece

ased

and,

Mso

,

Pur

pose

tow

hic

hth

eap

plic

ant

will

pu

tth

ela

nd

6P

urpo

sef,o

rw

hidh

Iland

isre

qu

ired

and

~ive

ade

scrt

i.ptio

o.o

tth

epl

otas

adve

rtis

edw

ith

refe

renc

eto

tJhe

Adv

erti

sem

ent

Not

iJC

e:-

(i)

Lan

dus

epr

opos

ed:

...

(rii.

)P

lot

No:

HH

Tow

nof

:..

(iii

)A

dver

tise

men

tN

otic

eN

o:..

(iv)

Lea

seo

rli

cenc

ere

quL

red:

.. H.

7W

het

her

the

appi

liica

ntw

read

yIh

olds

righ

tsto

oth

eru

rban

land

!inL

eso1

iho

prov

idin

g'de

tJai

llsto

iden

tify

the

land

alIld

the

1and

use

purp

oses

alre

ady.

g;ra

nted

:;

,

(vi)

Wih

ethe

: th

eap

pli:o

ant o

ro

ther

oom

pani

esas

soci

ated

wit

hth

eap

plio

ant

has

/hav

ehe

lldf'i~hJts

tola

ndat

any

tim

eto

r-s

imH

ar'la

ndus

epu

rpos

esin

Les

otho

or

else

wlh

ere

pro­

vidi

ngde

'taiJ

sw

here

neo

essa

ry:-

b~

'.

8(i

)B

an'k

e-r's

refe

ren

cei..s

tohe

prov

ided

tLfth

epr

opos

edde

­ve

lOlp

men

to

f1:J

hela

ndUs

for

c()I

ffim

erci

aJI,

indu

stri<

aJl

or

hous

ing

esta

tepu

rpos

'es

and

the

nram

eso

fth

eap

plic

ant's

ban

ker

sbo

tJh

rinan

dou

ts'id

eLe

sortJ

hoa'

reto

be

give

n:

wh

y:-

,P

,H

'..

Dat

e:S

ign

atu

reo

rS

eal

ofA

ppli

cant

TH

IRD

SC

HE

DU

LE

(Sec

tion

17)

FOR

M"C

l"(i

i)P

arti

cula

rsof

.any

reco

mm

enda

tion

wh

ich

may

have

bee

nob

ta:i'

lled

fro

man

yG

over

nmen

tM

inis

try

drf<t

he!:a

nd'r

e-

qu

ired

Usfo

rcomme~cial

or

indu

stri

alpu

rpos

es:

..

Cer

tifi

cate

ofal

loca

tion

(Non-re-~istrableti

tle-

Rur

alA

rea)

*de

lete

whe

reap

prop

riat

e1

Thi

sis

toce

rtif

yth

at.

.··

···

...P

..N

ame

0al

l-ot

tee

Dai

teS

tam

p

witJ

han

. are

?of

abou

t..

..H

....

....

...

HH.

for

the

purp

ooe

of

.2

Ask

etch

pLan

or

map

ofbh

ebo

unda

ries

of

tJhi

s*

lan

dis

/is

no

tat

tach

edan

dth

el1

a1lld

"sdi

men

sio!

Ils

mea

sure

asfo

Jlo

ws:

-....

..

Ad

dre

ssof

allo

ttee

ED

ter

per

iod

of:y

ears

ifap

plic

able

t Des

crib

eth

ela

nd

En

ter

situ

a­ti

ono

fli

and

App

roxi

mat

ear

ea

En

ter

pur­

pose

Le.

the

appr

oved

use

Att

empt

;to

mea

sure

the

b<>u

ndal

"ies

1I .;

I

Inse

rtna

me

ofw

itne

ss

"

olf

.hr

ashe

em.

gI1a

nrt:e

dan

allo

cati

onof

land

whi

ohal

low

s:th

eal

­lo

ttee

witJ

hef

fect

fro

mtJh

ed

ate

of

tJhJis

cert

ific

ate

tour

seo

rto

ure

an

doc

cupy

for

year

s.T

he

land

know

nas

anu

sttu

aJte

d.a

tH..

....

....

....

...H .

. H...

.H

..

3'Ilh

JiJs

allo

cati

onof

lan

d.c

anno

tb

etr

ansf

erI"

ed,

sold

,gi

ven

away

or

Ilea

sed

toan

y'O

ther

pers

onan

don

the

dea

thof

the

aJl.l

o:tte

e,*

his

/her

Jlaw

ful

spou

sem

ayc(

)Il1J

tinue

tous

e,a

ndo'

Ccu

pyth

isla

nd

un

til* !

his/

her

ow

nde

artlh

.

Sig

natu

rea

fO

hair

man

•r:

~~~~'~~.~~

..~~::

::::::

::::; .

'Si~m;Ii:;;be~

TH

IRD

SC

HE

DU

LE

'8(S

ecti

ons5~

4)&

17(1

))

FO

RM

"C2"

£01'

the

pu

rpo

seod

'.

2A

s'k.e

tdh

ptLa

no

rm

apor

[th

e'b

oen.

dari

eso

fth

isla

nd'"

is/i

sn

ot

atta

ohed

and

the

Ilan

d's

dim

enSl

ions

mea

sure

asfo

illo

'ws:

-

3B

yo

per

atio

nod

' 'la

w,

th'h'

3'a

lloc

atio

nof

lan

dsh

ail.l

conv

ert

toa

leas

eo

f 'la

ndup

onth

eal

lott

e,e

,app

lyin

gw

ithi

nla

peri

od0J

f six

mon

ths

ofth

ed

ate

ofal

loca

tion

Le.

the

date

ofth

isce

rtif

icat

e,to

the

Com

mis

sion

erof

Lan

dsfo

ra

leas

ean

dup

onfu

ilur

eto

appl

yfo

rth

ele

,as'e

wit

hin

this

per

iod

of

siix

mon

1ilis

or

any

exte

nd

edp

erio

dth

is'al

liloc

atiQ

nof

lan

dsh

all h

eof

no

effe

ct.

4C

onV

'er,s

ion

ofrtl

his

lrul

loca

tion

toa

1eas

eo-

ecur

sw

her

eth

ela

nd

use

O'f t

he

allo

caH

onof

'1Jan

dlis-

(a)

for

com

mer

da!l

or

ind

ust

rial

p1lr

pos'

es;

(b)

fO<l:

purp

oses

of

,an

'a:c

cles

iast

ical

,be

nevo

lent

,ch

arit

able

or

educ

atio

nal i

nst

itu

tio

nof

publ

icch

arac

ter;

(c)

for

pu

rpo

ses

of

aIh

ospi

tal,

clin

ico

rdi

spen

sary

;-(

cl-)

fer

rcol

iaem

iJal

l P'lu'1?~.

(e)

f.or

sud

ho

ther

pu

rpo

ses

,as

,1Jhe

Min

iste

ro

fIn

teri

o,r

may

,by

ord

er,

deol

'are

.5

'Db-

is;a

Hoc

atio

nof

lan

d'c

anno

tb

etr

ansf

'err

ed, s

o,ld

,gi

ven

away

orII~sed

to'a

nyo

ther

per

son

unle

ssa

'Sub

stit

ute

l,eas

eof

the

lalll

db

asb

een

l'eg

iste

red

'and

on1J

hed

eath

of

the

allo

ttee

bef

ore

the

leas

eis

sues

,tih

isg

ran

t det

erm

ines

.6

Ao

op

yo

f 1Jh

JisF1

0rm

"C2"

has

bee

nse

nt

toth

eC

Oil:

nrni

ss-io

'l1er

ofL

ands

.

Dat

eS

tam

p

Sig

nat

ure

of

Oha

irm

anW

itne

ssed

by

. .'H

....

...H

.·.

Inse

rtI

ofw

itn

Sig

nat

ure

of

am

emb

€r

QI!

cxvb

n1-

~.f!!

'LU

ll]

('A.

i'il

lii+

_+.~

A/1

0CS

TH

IRD

SC

HE

DU

LE

(Sec

tion

s5

(4)

&(2

7)

)

~

"1am

ecif

lllo

ttee

\.dd

ress

of

tlLot

tee

. ),

?'iQ

'j:r

..,

Cer

tifi

cate

ofal

loca

tion

(Reg

tstr

able

,tit

le-R

ural

Are

a)* d

elet

ew

(her

eap

prop

riJa

te1

'llhi

s:is

toce

rtif

yth

at.

H...

......

....H

....

of

has

bee

ng

ran

ted

anaU

ocat

ion

ofla

ndw

hich

aJ1.

low

sth

e'<1

1101

;­te

efo

ra

pe:rt

i.od

only

<Xf

six

mo

nth

sfr

om

the

dat

eo

fth

isce

rtif

ioat

eto

use

and

tous

ean

doc

cupy

the

lan

dkn

own

as

and

situ

:art:

edart

: ..

wi.rt

fu. W

l'a

rea

ofab

ou

t'H

".

1

FOR

M"C

3"C

erti

fica

tere

lati

ngto

agr

ant o

fti

tle

inan

Urb

anA

rea

>I<de

fl.et

ew

fher

eap

pro

pri

ate

Th!i.

sis

to'c

erti

fyfu

at..

H..

....

. ....

......

...H

......

...

H.

'1\T

...._

_-~

*

6....clUL.~

,.J

,../; 2

*3

has

b€eI

lg

ran

ted

*ale

ase/

ali

cenc

ean

dev

iden

ceof

this

titl

ew

HI

be

issu

edb

y1:J

heC

omm

issi

oner

od:

Lan

dsin

the

nea

rfu

ture

.

* 'D

his

leas

e/lk

ence

wiH

be

ofla

ndkn

own

'asp

l6t

No.

.si

tuat

edin

bhe

Reg

istr

ruti

onD

iStr

ict

Off

.in

tJhe

Tow

no

rU

r.ba

nA

rea

..

(1)

Th

ele

ase

wil

lb

esu

bje

ctto

the

Sta

tuto

ryC

ondi

tion

spr

o­vi

ded

in1:J

heL

and

Act

1979

tas

weN

astJ

heo

ther

cond

ii­ti

on

ssp

eaii

ied

inei

ther

tJhe

Not

ice

adve

rtd.s

Ung

tJhe

plot

or

tJhe

Not

ice

ofIn

vita

tion

tote

n<ie

rand

befo

lfe

exec

utio

no

fth

ele

ase

docu

men

tth

ein

tend

edle

ssee

wiH

be

requ

i­re

dto

pay

the

Com

m.i

ssio

ner

of

Lan

dsth

efi

rnt

yea

r's

g.ro

und

ren

t(i

fan

y),

any

pre

miu

mas

·ses

sed,

stam

pdu

tyan

dre

gist

l'aib

ion

fees

.(2

)T

he

pu

rpo

seof

tJhe

leas

ew

Nl

be

.

*(a

)in

refu

sin

gm

eth

eg

ran

to

fti

tle

bei

ng

anal

lloo

atio

nof

lan

dfo

rW

'hid

hI

laip

pliie

din

wri

ting

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