The Local Government (District Authorities) Act

This section gives the Act its short title: the Local Government (District Authorities) Act.

This Act applies to every district authority established under it.

This section defines key terms used in the Act and gives the Minister power to तयermine which authorities have jurisdiction when a township or village lies in two districts.

The Minister must work to promote local government in Mainland Tanzania and strengthen democratic, decentralized, well-resourced local government.

The Minister may, after consulting the President and by Gazette order, establish district councils as needed for local government.

Orders made under section 5 must state the district council name, establishment date, area, jurisdiction, and official seal, and may include related ancillary matters.

A district council can only be established through the procedure in this section, and the Minister must give public notice, consider objections, and publish the order.

The Clerk of the Assembly must issue a certificate of establishment, display it at the district council’s principal office, keep one copy, and send the remaining copies to named officials.

A certificate of establishment must state basic details about the district council, its members, and the location of the principal office, and the Minister may determine additional particulars.

The Minister may vary district council boundaries by Gazette order, after consultation. In certain listed situations, the Minister must make such an order. The order does not take effect until section 7 procedure is complied with.

If a district council’s boundaries are changed under section 10, the Minister must make arrangements for splitting or transferring property, debts, liabilities, and related rights, and for how existing by-laws and rights continue to apply.

District councils with a certificate of establishment become bodies corporate, and the Minister must grade district authorities and publish notice of grading in the Gazette.

The Minister may create township authorities by Gazette order, and a township authority may decide how many Vitongoji its area is divided into.

Orders made under section 13 must name the township authority, define its area and jurisdiction, and prescribe its device and official seal.

An order establishing a township authority must not take effect or be published in the Gazette until the relevant district council has approved the proposal by resolution.

After the Gazette publishes an order creating a township authority, the district council’s Director must issue a certificate to the township authority, and the township authority must display that certificate prominently.

A certificate of establishment issued by the Director is conclusive proof of establishment, must be made in four copies, and the Director must keep one copy and send two others to the Minister and the Regional Commissioner.

The Minister may vary township authority boundaries by Gazette order after consulting the relevant district council, and must do so in specified boundary-change situations.

Township authorities meeting the stated conditions become bodies corporate and get corporate powers.

The Minister must publish notice specifying the qualifications a township authority must meet to become a town council.

When a township is granted town council status, it stops being a local government authority of that status and is governed under the law for urban authorities.

The Registrar may register an area as a village if the household and boundary conditions are met, and the Minister may override or expand that rule in some cases. The Registrar must also publish an annual Gazette notice listing registered villages and their locations.

The Minister must appoint a public officer as Registrar of Villages, the district council’s chief executive officer serves as assistant registrar in that district, and the Registrar may delegate functions in writing subject to the Act and ministerial directions.

There must be a village assembly for every village.

Every village must have a village council.

The Registrar must issue a certificate of incorporation to the village council, give a copy to the appropriate Director, and the village council must notify the District Executive Director about impending suits; once the certificate is issued, the council becomes a body corporate with listed capacities.

The Minister must publish township qualification requirements in the Gazette and may declare qualifying villages or groups of villages to be a township.

When a village or group of villages becomes a township, the old village structure in that area ceases and a township authority is set up instead. The Minister may also include a neighbouring village in the township authority area for specified services.

Districts must be divided into divisions, divisions must contain wards, and the Minister may set general principles that district councils must follow.

District councils are to be divided into wards, and villages into no more than five Vitongoji; each Kitongoji must have a Chairman elected by its adult members.

A Ward Executive Officer office is established for each ward, and the officer must carry out a wide range of ward administration and development functions.

This section creates a Ward Development Committee for each ward and sets out who sits on it, who serves as secretary, how often it meets, and its power to form joint ward committees.

The Ward Development Committee must carry out and oversee ward development functions, including implementing district council decisions, promoting cooperative enterprises, monitoring revenue, and managing local development activities.

The Ward Development Committee must inform people in the ward about approved schemes or programmes and when and where participants must report.

A Ward Development Committee may regulate its own procedure, but only subject to regulations or directions from the district council. The Director of each district council must act as Secretary and must not vote at meetings.

A district council must be made up of specified elected and appointed members, and the council’s director is its secretary.

The Minister may prescribe regulations for this appointment and must consider the proportionality of party members elected to the Council.

Each district council must have a Chairman and Vice-Chairman, elected from among the members.

Elected district council members are chosen in elections, and they cannot take office until the previous members have retired.

A person is not qualified to be elected as a district authority member unless they meet the listed age, residence, literacy, livelihood, citizenship, and party sponsorship conditions.

District council members, including the Chairman, serve for five years; members not re-elected retire on the fifth anniversary, and by-election members serve only the remainder of their predecessor’s term.

A district councillor must stop holding office if later circumstances would have disqualified them from standing for election; the Electoral Authority must declare the seat vacant and arrange a by-election.

Elected members may resign by written notice to the Chairman. A district council may grant up to 10 months’ leave of absence and may co-opt a substitute during the absence. Prolonged absence can make a seat vacant, and repeated unapproved absences can lead to discontinuance in office.

This section is repealed.

A Resident Magistrate’s court decides disputes about whether someone was lawfully elected, or has the right to be or remain, a district council member.

An election must be held for Chairman when the seat is vacant or due to become vacant, and the district council must regulate its own procedure for electing the Vice-Chairman.

This section sets out who must make up a township authority and says the Township Executive Officer may act as secretary but cannot vote.

The township authority’s members must elect the Chairman and Vice-Chairman from among the elected members.

The first appointment of appointed township authority members must be made at the district council’s first meeting after the township authority is established. Members who join immediately after establishment serve only for the rest of the district council elected members’ term.

Section 40’s election-qualification rules apply, with necessary changes, to people seeking election to a township authority.

Elected township authority members serve for three years; by-election members serve only the remainder of their predecessor’s term. The township authority may remove the Chairman by a two-thirds resolution, and a removed Chairman may appeal to the Minister on procedural issues only.

If a township authority member later becomes disqualified, they stop being a member and the Electoral Authority must declare the seat vacant and hold an election to fill it.

Section 43 applies to township authorities, with references changed as needed, for members’ resignation rights and limits on how often members may be absent from meetings.

54. [Omitted.] [s. 52] Decisions of questions as to membership of township authorities

Section 45 applies, with necessary changes, to questions about membership of township authorities.

A township authority must hold elections for Chairman and Vice-Chairman when those offices become vacant.

A village assembly consists of every person who usually lives in the village and has reached the apparent age of 18.

Each village must have a Village Council, and the Village Executive Officer serves as its secretary.

The district election authority must give public notice and set an election date after a village is registered, the election must cover all Vitongoji in the village, and after five years the district executive director or an appointed assistant returning officer must issue a public notice for the next election.

A person is not qualified for election to a village council unless they meet the listed age, residence, literacy, and livelihood requirements.

Village council members stay in office until the next village assembly election meeting, unless they die or resign. The council may remove the chairman by a two-thirds resolution, and the chairman has appeal rights on procedure issues and then to the Minister.

A member who was elected while unqualified, or who later becomes disqualified, must stop being a member at once.

A village council member may resign by giving written notice to the chairman. A member who misses three consecutive ordinary meetings without leave or the chairman’s prior approval is disqualified from continuing as a member or committee member.

A village council may fill a casual vacancy by appointing a qualified resident, and it may also call an extraordinary village assembly meeting to elect someone instead.

District councils must hold an ordinary meeting at least every three months, with the council choosing the place, date, and time unless this section says otherwise.

A district council meeting has a quorum when half the members are present at an ordinary meeting, or two-thirds at a special meeting.

A district council meeting is chaired by the chairman, or if absent the vice-chairman, or if both are unavailable, by a member elected by those present.

District council questions are decided by majority vote of members present and voting; if votes are tied, the presiding member has a casting vote.

District council meetings must be open to the public and the press, except for the committees listed in subsection (2).

The Secretary must keep records of council business, and council minutes must be read, confirmed, signed, and include attendance names.

District council minutes must be open for inspection by members, and the public may inspect them under Chairman-sanctioned arrangements; anyone may get an extract on payment of a council-specified fee.

A district council may make and change standing orders, but only with the Minister’s prior approval and subject to the Act and subsidiary legislation.

Council members or officers with a pecuniary interest in a matter before the meeting must disclose it promptly and must not participate in the discussion or vote, unless an exception applies.

A councillor and anyone involved in procuring abuse of office powers commit an offence.

District council acts and proceedings remain valid despite vacancies or defects in election or appointment.

The chairman of a district council may invite people to attend and speak at council meetings, but invited people cannot vote. Heads of departments must attend all council meetings and also cannot vote.

District councils must set up specified standing committees, and the Minister may set committee limits and annual meeting costs by regulation.

District councils had to provide in standing orders for the composition and functions of standing committees, and the education minister had to specify matters the council must consider for educational affairs committees.

This section has been repealed.

A district council committee may co-opt non-council members, but only with the council’s prior approval.

A district council may delegate functions to a committee and may later withdraw or change that delegation.

Committees and joint committees may appoint sub-committees, but they cannot delegate executive power to them.

District councils may join with other councils or local government authorities to appoint a joint committee and may delegate some powers to it, subject to ministerial directions and limits in the Act.

A district council or joint-committee authority may make, change, revoke, or replace standing orders for a committee or joint committee, and the committee must follow those standing orders when running its own procedure.

Committee and sub-committee proceedings must follow standing orders, minutes must record attendance and be signed, and signed minutes are evidence unless error is proved.

A committee, joint committee, or sub-committee may keep acting despite vacancies, but it must not conduct proceedings unless the required quorum is present.

Committees, joint committees, and sub-committees appointed under this Part must report their findings to the council or authority that appointed them.

Committee proceedings must not be open to the public or the press unless a resolution allows it.

The Minister may make rules for committee meetings of district councils, including how meetings are convened, how business is conducted, and the quorum.

A district council may establish a service board, published in the Gazette, to provide services in its area; every service board is accountable to the district council and must carry out the duties and functions set in its establishment instrument.

A township authority must hold an ordinary meeting at least every three months, and the first meeting of a newly established authority is set by the township executive officer; the chairman may call a special meeting within 21 days after a qualifying written request.

A township authority quorum is one-half of all members at an ordinary meeting, and two-thirds of all members at a special council meeting.

At a township authority meeting, the Chairman presides; if the Chairman is absent, the Vice-Chairman presides; if both are absent or unable to preside, the members present may elect another elected member to preside for that meeting.

Questions at a township authority meeting are decided by a majority vote of members present and voting; if votes are equal, the chair or presiding member has a casting vote.

Township authority meetings must be open to the public and the press, but this does not apply to certain committees.

The Secretary must keep records of township authority meeting business and the minutes must be read, confirmed, and signed at the next Council meeting.

Township authority minutes must be open to inspection by members and the public, and anyone may get an extract by paying the fee set by the township authority.

A township authority’s acts or proceedings remain valid even if there is a council vacancy or a defect in the election or appointment of members or officers.

The chairman of a township authority may invite a person in writing to attend, speak, or otherwise take part in a council meeting, but that person cannot vote. Heads of departments must attend all authority meetings, but they also cannot vote.

Township authorities must set up specified standing committees, may create up to two additional ones, and may control committee membership terms and invite outside persons when needed.

A township authority committee may add non-members to the committee when it thinks this is needed to carry out a task efficiently.

A township authority may delegate functions to a committee, but it cannot delegate by-law making, borrowing, recommending estimates, or setting fees and charges.

Committee proceedings are subject to council directions, minutes must list members present and absent and be signed, and defects in membership or appointment do not invalidate acts or decisions.

Committees appointed under this Part must report their findings to the township authority.

Committee proceedings are closed to the public and press unless the appointing township authority resolves otherwise.

The Minister may make Gazette-published rules, after consulting the relevant district council, to regulate committee business under this Part.

The village assembly must meet when elections are needed, and it must hold an ordinary meeting at least every three months. The village council may call an extraordinary meeting for matters of major public importance.

The village council must meet at times and places it तय? determines, and often enough to support effective management, good order, and government in the village.

A village council meeting needs at least half of all council members to form a quorum, and the council may regulate its own proceedings.

A village council must regulate its own proceedings and may make by-laws about its procedure, subject to this Part.

A village council may set up permanent committees and appoint special committees if it considers them necessary or expedient.

A village council that creates a permanent committee must assign it some council functions, and it may delegate functions and powers to its committees if it reviews the delegation regularly.

A village council may act even if there are vacancies in its membership or in a committee.

The Minister may make rules, give general directions to village councils, and delegate functions to a public officer; village councils must follow the Minister’s general directions.

Local government authorities must support public order, welfare, and development in their areas, and district authorities must establish one-stop centres for business facilitation.

Local government authorities must perform their functions in line with decentralization, democratic participation, accountability, efficient service delivery, gender awareness, and environmental protection.

The Minister may make Gazette regulations setting the procedure for public hearings when a local government authority plans a major public interest scheme.

The Minister may make regulations for local government authorities’ powers and duties, and affected local government authorities must carry out those powers and duties to the best of their ability and resources.

Some regulations for local government matters must be made by the other minister after consultation with the Minister, and local government authorities have power to act on regulated matters subject to ministerial directions or procedures.

A local government authority may acquire land, or ask the President to do so, but only by agreement and with the Minister’s prior approval.

A local government authority may, with the Minister’s approval, sell, exchange, let, mortgage, or charge land or premises it owns or controls, and charge rent or fees for their occupation, use, or hire.

District council members are protected from liability for bona fide acts done in the course of their duties, but a challenger bears the burden of proving bona fides, and abuse of office by a district authority member is an offence.

Every district council must carry out the functions given to it by this Act or other written law, and may do lawful and necessary acts to perform those duties.

Each district council must carry out the listed local-government functions within its area, and it also has specified powers to regulate and manage local matters.

A district council may perform functions delegated to it by agreement, if it follows the agreement’s terms and enough resources are provided.

A district council may delegate some functions with approval, but not its executive or legislative functions.

Directors and officers must not abuse the powers given by the Act, and anyone who helps procure that abuse may be prosecuted.

A Director must arrest certain persons and deal with stolen property as described, then bring the matter to a magistrate.

The Director may require certain persons to appear before him, and those persons must attend when directed.

This section says the courts with jurisdiction for a district council area are the competent courts established under the written law on Magistrates’ and other courts in Mainland Tanzania.

A district council may accept, hold, and administer gifts of property for public purposes or the benefit of local inhabitants, and may carry out related maintenance or improvement works.

A district council may contract for its functions, but certain contracts must follow competitive tendering and the Local Government Financial Memoranda.

A district council may insure against risks of any type.

A district council may write off certain debts and deficiencies by resolution, but larger write-offs need prior approval from the Regional Commissioner.

A district council may charge fees for services, facilities, licences, or permits, and may remit fees or other charges for good cause.

The Minister may take necessary, desirable, or expedient measures to enforce district councils’ performance of their functions and duties under the Act.

The Minister must get an inquiry done before taking punitive or censorial action against a district council or its members or officers.

Township authorities must carry out the functions given to them by this Act or other written law, and may do lawful and necessary acts to perform those duties within their powers.

A township authority may exercise the functions listed in the Second Schedule for its area, but the Minister may limit those functions or change the Schedule by Gazette order.

A township authority may perform functions delegated by a district council and may act as agent for certain local government bodies within Mainland Tanzania.

A township authority may accept, hold, and administer gifts or property for public purposes or the benefit of local inhabitants, and may carry out related maintenance or improvement works.

A township authority may contract for its functions, but contracts for goods, works, or services must follow competitive tendering and related procedures, and contracts must follow the authority’s standing orders or the Minister’s directions if needed.

A township authority may insure against any type of risk.

A district council may set published conditions or limits, and township authorities may write off arrears of revenue, cash, and stores under section 134 as modified for township authorities.

A township authority may charge fees for services, facilities, licences, or permits, and may remit fees or other charges for good cause.

Section 136 is applied to township authorities so the Minister’s power to enforce performance of their functions also applies, with the necessary changes.

The Minister has the same duty and powers for inquiries about township authorities as for district councils under section 137.

The village assembly is the main authority for general village policy, except election matters, which are handled under Minister-made regulations.

A village council has executive power over village affairs and must take the actions needed to develop the village and support residents’ welfare.

The Minister may make uniform by-laws for district councils when it is necessary or desirable for better local government development.

A district council may make by-laws, but only subject to the Act, other relevant written law, and the Minister’s consent.

Section 156 is marked as repealed.

A district council must notify affected residents before making by-laws, invite written objections or comments, and then follow a review process involving the Regional Commissioner and the Minister.

A district council may include fines or imprisonment in its by-laws for breaches, but the fine cannot exceed three hundred thousand shillings and imprisonment cannot exceed twelve months.

By-laws may set fees, require compliance actions, authorize orders and enforcement powers, and a court may cancel a licence or permit for non-compliance with licence conditions.

A person who breaches a by-law or fails to do required work may have to pay the district council’s expense, and the Director may compound certain by-law offences by requiring payment.

Divisional and Ward Secretaries have power to enforce all by-laws within their jurisdiction.

A township authority may make by-laws, but only subject to this Act, other relevant written law, and district council approval.

A township authority that wants to make by-laws must notify local inhabitants before the meeting, invite written objections or representations, and follow a review and consent process involving the district council and Regional Commissioner.

The Minister may make required uniform by-laws for township authorities, subject to section 165, when the Minister thinks this is necessary or desirable for better local government development.

The Minister cannot make uniform by-laws under section 164 unless section 165 is complied with, including giving advance notice and considering objections.

By-laws under this provision may set fees and charges, require acts to be done, and give inspection and enforcement powers.

A court may accept a certified copy of a township by-law as evidence without further proof, subject to subsection (2).

Township authorities must keep copies of by-laws at their offices, make them available for public inspection free of charge, and send copies to the relevant authorities and ward committees. They may also give a copy to an affected person on application and payment of a sum they तयermine.

Section 160’s penalties for breaches of district council by-laws also apply to township council by-laws, with the wording adjusted as needed.

A village council may make by-laws for carrying out this Act’s functions, but only subject to section 171 and to any regulations, directions, or delegations made by the Minister under section 114.

A village council proposing by-laws must consult the village assembly, consider and pass the proposals, and submit them to the district council for approval.

The Minister has power to make uniform by-laws for villages, and must follow the same procedure that applies to other local government authorities.

A village secretary’s certificate can serve as conclusive evidence that a village council by-law is authentic and valid.

Village by-laws may attach a fine of up to 50,000 shillings, but not imprisonment, for a breach.

The Minister may take certain actions to support local government responsibilities, including changing development plans, seeking changes to training plans, and doing other acts that may promote efficient and democratic local government.

The Minister may transfer a local government function to another person or body if, after inquiry, the Minister is satisfied the local government cannot or has failed to exercise it.

If local government functions are transferred under this Part, the authority in default must treat the expenses of the person or body performing those functions as a debt due to them.

The Minister may make regulations setting a code of conduct for councillors of a local government authority, and those regulations must be published in the Gazette.

The Minister may act when a local government authority is in default, including directing it to fix the default, transferring its functions, or dissolving/suspending it in serious cases.

The Minister may dissolve a local government authority if satisfied it has breached this Act or other written law, and may transfer its functions to another person or body.

The Minister may dissolve councils, but only with the stated notice timing. After dissolution, the Director runs council affairs as Chairman, and new projects or changes to pre-dissolution approved projects are not allowed.

The Minister may, by notice in the Gazette, delegate certain powers and duties to another person and may later revoke that notice.

District authorities must give the Minister information the Minister requires, and must submit quarterly progress reports to the District Commissioner.

The central government and sector ministries must support, coordinate, and oversee district and local government authorities in carrying out their functions.

A person who does an act that was directed or prohibited under the Act, or under authority given by the Act, commits an offence.

A duly authorised local government officer or employee may enter land, buildings, premises, or vessels in the authority’s area at reasonable times to inspect, inquire, or carry out works under the Act or related instruments.

This section lets certain officials arrest without warrant for specified offences, and lets some of them detain the person briefly for court delivery if they have reasonable grounds to think the person will not attend court.

A person commits an offence if they wilfully obstruct local government officers, stop an occupier-related person from complying with authority requirements, or refuse/omit/misstate the owner’s name on demand; conviction can bring a fine, imprisonment, or both.

A person who sits or votes in a local government authority while unqualified, disqualified, or after a seat becomes vacant may face a daily penalty.

A person convicted of an offence under the Act is liable to the penalty set by the Act, or if none is set, to a fine up to 20,000 shillings, imprisonment up to 3 months, or both.

Books, registers, and certified extracts from a local government authority can be used as prima facie evidence of amounts due to the council in recovery proceedings.

If a company or partnership commits an offence under the Act or subsidiary legislation, responsible managers and partners may be prosecuted and punished unless they lacked knowledge, consent, or connivance.

A suit cannot be started against a local government authority until a 90-day notice of intention to sue has been served.

A local government authority keeps the right to rely on written laws about time limits for bringing proceedings.

Notices and other documents to be served on an authority must be delivered to, or sent by registered post to, the Chairman or chief executive officer at the authority’s principal office, unless the court orders another method for a particular suit or document.

Court appearances for a district or township authority in civil matters must be made by an authorised solicitor, unless subsection (3) applies.

An accused person may be tried by any court with competent jurisdiction, unless another provision expressly says otherwise.

The court may still try an offence under this Act even if the offence was also a breach of a court-made local government order, resolution, by-law, or rule, or even if the case was started by or for a member, officer, or agent of an authority.

If a decree or order is made against a district council, execution or similar enforcement cannot be issued against the council, and the District Executive Director must arrange payment from council revenue of the amount awarded to the entitled person.

Appeals by or against a local government authority must be brought before and heard by a competent appellate court.

In a criminal process or proceeding, property belonging to or managed by a local government authority may be described as the property of the authority.

If there is a dispute about who is the occupier of a tenement or building, the person claiming they are not the occupier must prove it.

In proceedings brought by or for a local government authority, it is not necessary to prove the authority’s corporate name, constitution, or area limits.

This section says when a local government authority’s notice, order, or other document counts as properly served, including service by registered post or delivery to specified addresses or officers.

District authorities must authenticate and execute certain documents in the ways set out in this section, including use of the official seal for some instruments and at least one copy of every by-law.

Some by-laws, orders, notices, and other required documents are treated as duly published if published in the Gazette or displayed/made known in the prescribed local way. Rules or regulations made under the Act must still be published in the Gazette.

The Minister may make regulations for carrying out the Act, and must make regulations on how the Chairman and Members of the Village Council and the Chairman of the Kitongoji are elected.

This section repeals listed local government laws and ordinances.

This savings clause keeps certain offices, licences, proceedings, subsidiary laws, and villages in force after repeal, and prevents revival of rights or liabilities except as expressly provided.

This provision lists the functions that district councils and township authorities may carry out.