CHAPTER 288 THE LOCAL GOVERNMENT (URBAN AUTHORITIES) ACT . [PRINCIPAL LEGISLATION] OAG Arrangement of Sections n o f siois Section Title pe rm t part i tho u i PRELIMINARY PROVISIONS w ted 1. Short title. trib u 2. Application. r d is 3. Interpretation. d o 4. Minister to work for development of meaningful democurca etic local government in urban area. pro d re part ii y b e a URBAN AUTHORITY AREAS, Ek SmTABLISHMENT AND VARIATION OF AREAS OF b oU oRBAN AUTHORITIES is A - Esf tahblishment o 5. Power to establish urban authpoar ritt y. 6. Content of establishment ordo N er. 7. Procedure for establishvm de.e nt of urban authority. 8. Procedure for establ r sisehing a city council in urban authority. e 9. Certificate of estasb rt lishment. 10. Contents and r iegl ffhect of certificate. 11. Variationa .o l Af area of urban authority. 12. Dises n ztaabi lishment of villages. 13. CToan nsequences of variation of area. 14. oUf t rban authority to be body corporate and to be graded. 1m5e. n Existing urban authorities. ernv Go B - Urban Wards 5 02 16. Division of area of urban authorities into wards. ©2 17. Mitaa committees. 18. Division of village area into vitongoji. 19. Village council. 20. Establishment of ward committees. 21. Ward Executive Officer. 617 THE LOCAL GOVERNMENT (URBAN AUTHORITIES) ACT [CAP. 288 R.E. 2023] 22. Functions of ward committees. 23. Procedure for implementation of development projects. 24. Ward committee rules. part iii . COMPOSITION OF URBAN AUTHORITIES OAG f 25. Membership of urban authorities. o ion 26. Procedure for appointment of Councillors by Minister. iss 27. Chairmen, Mayors, Vice-Chairmen, and Deputy Mayors. erm p 28. Repealed. ou t h 29. Election of elected members. it w 30. Tenure of office of elected members. ute d 31. Cessation of membership for disqualification. str ib i 32. Resignation and absence of members. d or 33. Repealed. ed c 34. Decision of questions as to membership of council. du 35. Freemen. rep ro be y part iv a m MEETINGS AND CoOko MMITTEES b A - Meetings o tfh U isrban Authorities f 36. Frequency, place and time of me art e otings. 37. Notice of meetings. o p 38. Quorum at meetings. . Nd 39. Presiding in Council.erv e 40. Decisions of urbasn r e csouncils. 41. Meetings to breig hteld in public. 42. Minutes ofA mll eetings. . 43. Minutensi ato be open for inspection. 44. Staannd ziang orders of urban authorities. 45. T oDf isability for voting on account of interest in contracts. 46e. n t Validity of acts and proceedings of district council and officers. ern4 m7. Invitation to non-members to attend meetings. Gov 48. Adjournment of meetings. 5 2 20 B - Committees of Urban Authorities © 49. Standing committees. 50. Functions of standing committees. 51. Power to appoint occasional committees. 618 THE LOCAL GOVERNMENT (URBAN AUTHORITIES) ACT [CAP. 288 R.E. 2023] 52. Co-option of non-members to committees. 53. Effect of vacancies on committees. 54. Sub-committees. 55. Joint committees. 56. Delegation of powers to Committee. G. 57. Proceedings of committees and sub-committees. f O A 58. Admission of public to meetings of committees. n oo 59. Reports by committee. siis 60. Establishment of service board. pe rm t ou part v with FUNCTIONS OF URBAN AUTHORITIES ute d A - Functions tribis 61. Duty to perform functions. d or 62. Objectives and functions of local government authorities. d ce 63. Relations with central government. u rod 64. Duties of urban authorities. p re 65. Regulations conferring specific functions. e y b 66. Functions and duties under other written l a ka wms. 67. Liability of members. o s b o i B - Powers in th o Rf elation to Functions t 68. Powers of urban authorities. pa r 69. Power to acquire land. o . N 70. Power to let and mortgrvaeg de land and charge. 71. Power to accept giftres. e 72. Power to contractst h . 73. Power to insllu rr ige. 74. Power to .w Aia rite-off arrears of revenue, cash and stores. 75. Pownezr a tno charge fees. 76. D a f Tuties of Director in respect of offences. 77. o nt Duty of persons to appear before Director. n7m8 e. Courts. erv G o C - Functions of the City Council Established Subject to Section 8 25 20 79. Functions of city council. © 619 THE LOCAL GOVERNMENT (URBAN AUTHORITIES) ACT [CAP. 288 R.E. 2023] D - Powers of Minister 80. Discharge of duty of Minister under section 4. 81. Power to enforce performance of functions. 82. Inquiries relating to performance of functions. 83. Power to transfer functions. G. 84. Expenses in respect of transferred functions. A f O 85. Power to dissolve authority prematurely. n oio 86. Power to dissolve councils in default. issm 87. Power to dissolve councils pending General Election. r pe 88. Delegation of powers of Minister. ut ho 89. Supply of information. t d w i 90. Powers of Regional and District Commissioner. ute str ib part vi r d i LEGISLATIVE POWERS o ce d 91. Regulations. u rod 92. Delegation of legislative authority. p re 93. Power of urban authorities to make by-laws. y b e 94. Procedure where urban authority makes bky -mla aws. 95. Power of Minister to make uniform by -bloa ows. 96. Procedure where Minister makes u nthif isorm by-laws. 97. By-laws may impose special con f rdt oitions. 98. By-laws regulating building oin p aurban authorities. 99. Evidence of by-laws mad N de. by urban authorities. 100. Copy of by-laws to bee rdv eeposited at offices of urban authorities. 101. Penalties for breac rhe sof by-laws. hts ll r ig A part vii PiaR. OVISIONS RELATING TO LEGAL PROCEEDINGS n 102. Offaenn zcaes. 103. T oPfowers of entry. 104e. n t Powers of arrest. e1rn0m5. Offence to obstruct. v Go 106. Penalty for unqualified person sitting or voting. 25 0 107. General penalty. ©2 108. Books to be prima facie evidence of sums due. 109. Contravention by company or partnership. 110. Notice of suits. 111. Limitation of suits against authorities. 112. Appearance in court. 620 THE LOCAL GOVERNMENT (URBAN AUTHORITIES) ACT [CAP. 288 R.E. 2023] 113. Mode of service on authority. 114. Appearance of authority in legal proceedings. 115. Trial of persons. 116. Preservation of jurisdiction of courts. 117. Appeals. G. 118. Description of property. OA f 119. Burden of proof as to who occupier is. n oo 120. Name of authority need not be proved. i iss 121. Service of notice by authority. pe rm 122. Authentication and execution of documents. ut o 123. Publication of notices. with 124. Code of conduct. ute d 125. Protection of assets and properties of Council. ib dis tr r part viii ed o MISCELLANEOUS PROVISIONSuc rod 126. Repeals. re p 127. Savings. bey k m a SCHEDUooLE s b f th i art o p . N o ed se rv re htsg All r i nia . a an z f T nt o me ve rn o 25 G ©20 621 CHAPTER 288 THE LOCAL GOVERNMENT (URBAN AUTHORITIES) ACT . AG O An Act to establish urban authorities for the purposes of local government, n o f o to provide for the functions of those authorities and for related matte i irsss. [14th Marchp, e1 r9m83] [GN. No. 3 u ho5 ot f 1983] it w Acts Nos. 11 of 1994 17 of 2009 ted 8 of 1982 15 of 1994 7 of 2010 rib u 4 of 1985 18 of 1997 17 of 2010 ist 8 of 1985 6 of 1999 3 of 2011 or d 13 of 1986 14 of 1999 4 of 2019 d e 4 of 1987 4 of 2000 1 of 2020 uc 8 of 1992 15 of 2003 4 of 2021 rod 4 of 1993 4 of 2005 5 of 2022 p re 15 of 1993 13 of 2006 e ay b k m bo o thi s f PART I PREaLrt o p IMINARY PROVISIONS . N o Short title 1. This Actr em d v ay be cited as the Local Government (Urban Authorit e s r ieess) Act. t igh Application 2. AThll r is Act shall apply to every urban authority established or nd iae. emed to have been established under this Act. nz a a Interpretat T oiof n 3.–(1) In this Act, unless the context otherwise requires- Acts Noesn. t “appropriate authority” when used in relation to any act, 4 ofr n1m987 Sch. 8 oef 1992 s. 17 appointment, dismissal, licence, permit, matter or other ov 5 G 6 of 1999 s. 39 thing, means the person, committee or other body of 02 4 of 2000 Sch. 2 4 of 2005 s. 32 persons permitted, required or in any other way made © 13 of 2006 s. 13 responsible by this Act for doing the act, making the appointment or issuing the dismissal, licence or the permit or doing that matter or thing; “area” when used in relation to any urban authority, means the area in which the authority is established, or 622 THE LOCAL GOVERNMENT (URBAN AUTHORITIES) ACT [CAP. 288 R.E. 2023] empowered by or under this Act or any other written law to exercise jurisdiction in accordance with this Act; “Assembly” means the National Assembly of the United Cap. 2 Republic established by the Constitution of the United . Republic of Tanzania, 1977; AG O “auditor” means the person or body of persons appointed n o f by the appropriate authority pursuant to Head B osfiois Cap. 290 Part IV of the Local Government Finances Act, to rm paeudit the accounts of an urban authority, and includes ao up t erson duly authorised in that behalf by the auditoirth for the d w purposes of that Part of that Act; bu te “authority” means an urban authority; ri dis t “Chairman” when used in relation to- d o r (a) an urban authority, means dtuh cee Chairman of that authority, and in the case ro eopf a city or a municipality, the Mayor of the city or r b ethe municipality, as the case may be; ay m (b) any committee oro ob okther body of persons, means the Chairman of th ist a t committee or that other body of persons, anrtd o f includes the Vice-Chairman or the Deputy-Mo pa ayor of the urban authority, the committee or of et N dh. e other body of persons, or any other person act rv sieng in the absence of the Chairman and the Vice- re htsChairman or the Deputy-Mayor, when he exercises g ll r i the functions or discharges the duties of the office of A ia. Chairman or Mayor, as Chairman or Mayor, as the case n nz a may be, pursuant to this Act; a of T “city council” means a council established or deemed to have t en been established under this Act within the area of a city, ern m and includes a city council established under section 5 v G o subject to section 8 of this Act; 25 20 “Commission” means the Public Service Commission © Cap. 298 established by section 11 of the Public Service Act; “committee”, when used in relation to- (a) an urban authority, means a committee established or appointed by that urban authority under this Act; 623 THE LOCAL GOVERNMENT (URBAN AUTHORITIES) ACT [CAP. 288 R.E. 2023] (b) a ward committee, means that committee; (c) a sub-committee, means a sub-committee appointed by a committee; (d) any other committee, means that other committee; . “Council” means, when used in relation to- OAG (a) a town, the town council; n o f (b) the municipality, the municipal council; and io iss (c) the city, the city council and includes the city co r pue nmcil established under section 5 subject to section o8u to f this Act; with d “court” means any court of competent jurisdicbtui toen which has jurisdiction over any part within the areda ri is tof the authority, and includes a ward tribunal establisdh oe r d under the Ward Cap. 206 Tribunal Act; ce rod u “Director” means, when used in replation to- (a) a town, the Town Directoer ;r e b (b) the municipal, the M ay umnicipal Director; and (c) the city, the City D o boir kector. Cap. 287 “District Authorities s f t hiAct” means the Local Government (District Authorrti oties) Act; “district authoroi tpy a” means a district council, a township authority od.r N e a village council; “District Csero vmmissioner”, when used in relation to- e (a) r htsa district, means the District Commissioner for the ig ll r district concerned; a. A i (b) any urban authority, means the District Commissioner an nz for the district in which that urban authority is f T a o established; nt Act No.e “former Act” means the Urban Councils (Interim Provisions) 11 ornf m1978 e Act; v G o “functions” includes powers and duties; 25 20 “improvements” in relation to land means all work, other © than building or work in connection with buildings, done on, in or under the land, and materials used on that work, by the expenditure of capital or labour in so far as the effect of that work or materials used is to increase 624 THE LOCAL GOVERNMENT (URBAN AUTHORITIES) ACT [CAP. 288 R.E. 2023] the value of the land; but does not include machinery, whether fixed to the soil or not, or work, or materials used on it, done by the Government or by an urban authority or other public body unless the work has been paid for . wholly or in part by the owner or occupier of the land, G OA and effected by that payment; save that the payment of of n rates and taxes shall not be deemed to be a payment fosriois the purposes of this definition; ermp “interest in land” includes interest in any buildingo ue tr ected on the land; ith d w “joint committee” means a committee appbou tiented jointly by two or more urban authorities or bdeist trwi een an urban authority and a district authority purs our d ant to section 55; “land” includes any interest in landu cd aend any easement or right in, to or over land; ep ro “local government authority” me b er ans a district authority or an urban authority; may “member” means all meomkbo bers of the local government authority as specifiheids t under section 25; “Minister” meansrt o fthe Minister responsible for local government; a No p “mtaa” meaneds . a part or a division of a ward and includes a part ors ear v division of a township situated within an area e und r htes r the jurisdiction of an urban authority; “mull rni gicipality” means an area over which a municipal . Aia council is established or deemed to have been established an nz under this Act; Ta of “occupier” means any person- en t (a) in actual occupation of land or buildings; or ern m (b) entitled to occupy land or buildings by virtue of a grant ov G by their owner, and where the same land or buildings 5 20 2 are occupied by several members of one family, means © the person reputed to be head of that family; “political party” means a political party registered under any written law relating to the registration of political parties; “Regional Commissioner”, in relation to- 625 THE LOCAL GOVERNMENT (URBAN AUTHORITIES) ACT [CAP. 288 R.E. 2023] (a) a region, the Regional Commissioner for the region concerned; (b) any urban authority, the Regional Commissioner for the region within which the urban authority is situated; . “Scheme” means the Public Service Scheme formulated G OA Cap. 298 pursuant to section 8 of the Public Service Act; n o f “Service” means the unified service of all employin io issg authorities, otherwise known as the Public Servic rm pee, the establishment of which is provided for by the Schoeu tm e; “service board” means the service board establishit w ehd under d section 60; uteb “solicitor” means any person qualified in ladw ri ist, employed by a local government authority, to dischda or r ge legal functions and includes an advocate engag ce deud to represent a local government authority in courte po ror tribunal; “town” means an area over whiche b ar town council is established or deemed to have been ay emstablished under this Act; “urban authority” meansb a o ko town council, a municipal council and a city council; is th “waterworks” incrlt uo fdes streams, springs, weirs, wells, boreholes, doa pm a s, pumping stations, reservoirs, tanks, sluices, mda.c N e hinery, buildings, land and all other works and thisnerg vs necessary for taking, impounding, discharging, e sto r hrtisng, treating and filtering water. (ll2 ri) g Where it is provided in this Act that any power may be eiax. Aercised subject to the provisions of this Act, the provisions n nz a shall be read and construed as providing, in relation to any Ta of urban authority, or to all authorities, that the power may be en t exercised subject to those provisions of this Act which apply to ern m that authority, or to all the urban authorities. ov 25 GMinister to work 0 for development 4.–(1) It shall be the duty of the Minister in relation to areas of ©2 of meaningful urban authorities, subject to this Act, to work towards- democratic local government in (a) the promotion of local government; urban area (b) the evolution, progressive development and Act No. 6 of 1999 s. 40 perpetuation of local government institutions geared and devoted to the pursuance of meaningful involvement 626 THE LOCAL GOVERNMENT (URBAN AUTHORITIES) ACT [CAP. 288 R.E. 2023] of and participation, by the people, in the making and implementation of decisions on matters affecting or connected with their livelihood and well-being at all local levels within urban authorities; and . (c) securing the effective execution by urban authorities, OAG subject to his guidance, control and direction, of the n o f national policy on local government. siois (2) In discharging the duty imposed on him by this sepcet rimon, the Minister shall be guided, subject to this Act, by tohu te need to evolve, and to foster, sound principles of, pa writ thicipatory d Cap. 2 democracy as enshrined in the Constitution te buof the United Republic of Tanzania, 1977 and elaborated upisotr i d n by or in other written laws of the United Republic. d o r (3) The Minister shall- uc e d (a) ensure the availability and aedpe roquate supply of personnel trained, skilled or qualifieed r b for work in various sections or aspects of local a gmovy ernment so as to secure the growth and devel opkbo ment of an effective and efficient system of the l o thcisal government; (b) endeavour oofrt ensure that the local government authoritieo sp aare strong and effective institutions that are moree da .n Nd more autonomous in managing their own affsaeirr vs and that they operate in a more transparent and re htsdemocratic manner; (llc ri) g ensure that local government authorities are accountable ia. A to the people and are generally so facilitated to improve n nz a their capacities towards being stronger and effective in Ta of delivering services to the people; and en t (d) endeavour to ensure that there is available adequate ern m financial and other resources for various sectors or ov G aspects of local government so as to ensure the effective 5 20 2 and efficient development of the local government © system. (4) The Minister shall, in exercising the powers and discharging the functions under this Act, be guided and bound by the need to promote decentralisation and devolution of 627 THE LOCAL GOVERNMENT (URBAN AUTHORITIES) ACT [CAP. 288 R.E. 2023] functions, powers and services from the central government to the local government system and within the local government system from higher levels to lower levels of urban authorities. . PART II G O A URBAN AUTHORITY AREAS, n o f io ESTABLISHMENT AND VARIATION OF ss mi AREAS OF URBAN AUTHORITIES r ut pe ith o A - Establishment d w ute Power to establish 5.–(1) Subject to sections 7 and 8 and to othtreibr provisions of urban authority is Acts Nos. this Part, the Minister may, by Order publ iosr hded in the Gazette, 6 of 1999 s. 41 establish in any area of Mainland Ta e ucnzdania an appropriate 13 of 2006 s. 14 urban authority or authorities. d pro (2) In exercising the power ec or enferred by subsection (1), the Minister shall comply waiyt h b the national policy on the development of urban arooe ka ms and may, subject to this Act, establish such numberh as nbi d types of urban authorities in such area or areas as he mt oa fy t deem necessary, expedient or desirable for the purpose r psa of establishing, promoting, developing o and maintaindi. n Ng an effective and efficient system of local governmenertv. e (3) sW r ehst ere the purpose sought to be achieved by the orderig h r under subsection (1) is only to confer on an existing l ma. u Alnicipality the status of a city, that order shall be made by i za nthe President; and where, in respect of an existing village, the n f T a purpose is to confer upon it the status of a township council o en t and where in respect of an existing township council the rnm purpose is to confer upon it the status of a town council and ve Go where in respect of an existing town council, the purpose is to 5 02 confer upon it the status of a municipal council the order to be ©2 made under subsection (1) shall confer the authority the new status, and shall determine the name by which that urban area and authority shall be known, and the order shall be deemed to have established the new urban authority. 628 THE LOCAL GOVERNMENT (URBAN AUTHORITIES) ACT [CAP. 288 R.E. 2023] (4) The urban area of- (a) a town council shall be known as a town; (b) a municipal council shall be known as a municipality; (c) a city council shall be known as a city, . and shall be of such characteristics as to size, area, jurisdiction, OAG functions or other description as may be specified in the order f n o establishing it. siois erm Content of 6. Every order made under section 5 shall- ut p establishment o order (a) specify the name or names of the urban ar i weath or areas in which and the date or dates on wh d uitech an urban authority or authorities shall be establitsrihb ed; (b) define the area in which the urbanr d is o authority shall be established and over which it shuaclel d exercise jurisdiction; and rodp (c) prescribe the device anbde reofficial seal of the urban authority, and may, inm aan y y appropriate case, include any ancillary matters souoc k h as the apportionment of assets, the continuanc b heis of by-laws and the effect on existing t urban authorrt oit f ies of the establishment of the new urban authority opao r authorities. . Nd Procedure for 7.–(1) An eurvr eban authority shall not be established except in establishment of urban authority accordasn r ecse with the procedure prescribed by this Act. Act No. (2) ht rig Where it is intended to establish an urban authority 6 of 1999 s. 42 in. Ar llespect of any area or areas, the Minister shall, at least two nmiaza onths before making an establishment order under section n Ta 5, by notice published in the Gazette, and in any national f nt o newspaper or any newspaper circulating in the area or areas me in which it is intended to establish the urban authority, give ve rn o notice of the intention, indicating the general direction of the 5 G 02 boundaries, and such other matters as he deems necessary, and ©2 call upon all interested authorities or persons affected, to lodge with him in writing any objections or other representations in such manner and within such time as may be prescribed. 629 THE LOCAL GOVERNMENT (URBAN AUTHORITIES) ACT [CAP. 288 R.E. 2023] (3) Where, upon the expiration of the notice, no objection or other representations are received from any authority or person, the Minister shall proceed to make and publish in the Gazette the order under section 5. (4) Where any objections or other representations are AG. O lodged in writing with the Minister pursuant to the notice given f n o under subsection (2), the Minister shall cause to be deliveriessd io an acknowledgement to the authority or person lodginpge r mthe objection or other representations concerned, and shuatl o l take into account the objections or representations in detit w ehrmining d whether or not to establish the urban authority bour te determining the area of the urban authority to be establis ri dhise t d. (5) As soon as possible after making thde o or rder under section 5, the Minister shall lay before the Natdiuo cneal Assembly a copy of the notice issued under subsectione (p2 ro), together with a copy of the order subsequently made unde er r section 5. ay b m Procedure for 8.–(1) Where it is intenod oked to establish a city council in establishing a city b council in urban respect of an area or ahriseas of urban authority or authorities, t authority the Minister shall, rtb oy f a two months notice published in the Act No. a 6 of 1999 s. 43 Gazette, give noot pice of intention indicating its composition and jurisdicti N do. n and such other matters as the Minister may deem nec e seesr vsary, and call upon interested persons to lodge with him rets in writing any objections within such time as may be presl crigr hibed in the notice. l a. A i (2) Where upon the expiration of the notice, no objections are n za received from any person, the Minister shall proceed to make and an f T publish in the Gazette the establishment order under section 5. t o en (3) Where objections are lodged with the Minister pursuant m ern to the notice given under subsection (1), the Minister may take v G o into account the objections and may, after consultation with the 250 President, determine whether or not to establish a city council. ©2 (4) The Minister shall, as soon as practicable after making the order under section 5, lay before the National Assembly a copy of the notice issued under subsection (1) together with a copy of the order subsequently made under section 5. [s. 7A] 630 THE LOCAL GOVERNMENT (URBAN AUTHORITIES) ACT [CAP. 288 R.E. 2023] Certificate of 9.–(1) As soon as possible after the order made under section establishment 5 and the notice issued under section 7 and 8 in respect of any urban authority have been tabled before the Assembly, and in any case not later than the date specified in the establishment . order as its date of commencement, the Clerk of the National OAG Assembly shall furnish to the urban council or councils of n established or to be established, or whose boundaries a io isrse varied or are to be varied, as the case may be, a certipfie rcmate under his hand containing the particulars prescroiub t ed by section 10. ith d w (2) Every certificate of establishment te bushall be in quintuplicate, and the Clerk of the Nationaislt r iAssembly shall retain a copy and send the three remainin ogr d d copies one each to the Minister, the Permanent Secretaryd ut coe the Treasury and the Regional Commissioner responsibpleroe for the region in which the urban authority in question bies restablished. ay m [s. 8] k oo Contents 10.–(1) A certificate ofh es sbi tablishment furnished under section and effect of f t certificate 9 shall specify- rt o (a) the nameo op af the urban authority being established; (b) the tota. lNd number of members; (c) these r vne umber of elected members and appointed e tsm r embers; ( gh ld ri) the place where the principal office of the authority A l ia. shall be situated; anz (e) such other particulars as the Minister may determine. an f T (2) A certificate of establishment furnished under section o en t 9 shall- rnme (a) provide final authority for the establishment or the ov G variation of the boundaries of an urban authority; 02 5 (b) be the statutory instrument signifying the delegation ©2 by the Assembly of legislative power to the urban authority in respect of its area of jurisdiction; and (c) be conclusive evidence, in any proceeding, of the establishment of the urban authority concerned. 631 THE LOCAL GOVERNMENT (URBAN AUTHORITIES) ACT [CAP. 288 R.E. 2023] (3) Upon the issue of a certificate of establishment and the commencement of an order made under section 5 in respect of any area, whether or not the order is in respect of an existing urban authority, any reference in any written law, contract . or other instrument or document to the local government OAG authority in whose area an urban authority is established by of n the order shall be construed as a reference to the name of tihsse io urban authority as established by the order. pe rm (4) Upon the issue of a certificate of establishmenotu t under section 9, where the area of the new authority was wtih the area of d a district authority, the district authority shalbl uc teease to exist and the affairs and operations of all perso tri dniss and bodies of persons within that area shall be under tdh oe r jurisdiction of the new authority, whose composition a e dun cd operations shall be governed by this Act. rep ro be [s. 9] y ma Variation of 11.–(1) The Minister may,k oo where he deems it necessary or area of urban authority expedient for the proms obhi tion of efficient and effective local t Act No. government in urba rt on f areas, and after consultation with the 4 of 1985 Sch. urban authority pao and other local government authorities concerned, by. Nd order published in the Gazette, vary the boundariese rv e s of the area of any urban authority. (2) Thts r ee area of an urban authority may be varied under this sect gh All iroi n where- ia. (a) a new local government authority is to be established n za in the area or part of the area of an existing urban n f T a authority; t o en (b) an area of the urban authority is to be transferred ern m from the jurisdiction of one urban authority to that of v G o another; 5 20 2 (c) it is intended to amalgamate or regroup an urban © authority and any other local government authority. (3) An order shall not be made under this section to vary the area of an urban authority except in accordance with the procedure prescribed by section 7. 632 THE LOCAL GOVERNMENT (URBAN AUTHORITIES) ACT [CAP. 288 R.E. 2023] Act No. (4) Where in the exercise of the powers conferred on 21 of 1975 the Minister under subsection (1), the Minister varies the boundaries of an urban area so as to include an area which is a village or an Ujamaa Village registered under the . Cap. 287 Villages and Ujamaa Village (Registration, Designation and OAG Administration) Act or under the Local Government (District n o f Authorities) Act, that village or Ujamaa Village, as the caissse io may be, shall continue to exist until the Minister canc rm peels its registration. ut ith o w [s. 10] ted bu Disestablishment 12.–(1) The Minister may, by order publishesdtr i i in the Gazette, of villages Act No. and subject to this section, cancel the or edgistration of any 13 of 1986 Sch. village or ujamaa village established or d uc edeemed to have been established within the area of an urbprao dn authority. (2) The power conferred by subeb rseection (1) may be exercised by the Minister where- ay m (a) he is directed so too od ko by the President; (b) he receives a isr bh esolution of the urban authority t concerned, rt os f upported by Regional Consultative Committ a oe pe, petitioning him so to do; (c) in his do. p Ninion, the public interest so demands. (3) Whseerr vee an urban authority or a Regional Consultative Commtist rt eee proposes to petition the Minister to exercise the powl erigr h conferred by subsection (1), it shall first cause a notice Al oiaf. its intention to be appropriately published for notification of anz the residents of the village concerned, allowing them one full n f T a month to make any representations to it on the subject, and nt o e the decision of the urban authority and the Committee shall ern m be lodged with the Assistant Registrar of villages who shall v G o forward them to the Registrar for appropriate consideration 250 and decision by the Minister. ©2 [s. 10A] Consequences of 13. Where the boundaries of an urban authority area is variation of area varied in consequence of an order made under section 11, the Minister shall, in the order providing for the variation or in a 633 THE LOCAL GOVERNMENT (URBAN AUTHORITIES) ACT [CAP. 288 R.E. 2023] subsequent order, to which the provisions of section 7 shall apply, make provision for- (a) the apportionment of the franchise, property, incomes, debts and expenses and of all rights, interests, . obligations and liabilities arising under contract in OAG relation to the area or areas transferred as between n o f the urban authority from which the area or areas aisrse io transferred and that to which it or they are transfpee rmred as a result of the variation in the boundaries; ut o (b) the preservation, continuation or modifiicth w ation of d rights of persons in the area or areas tranbus tfeerred arising from the operation in relation to thde i ismtr of the by-laws subsisting in the jurisdiction of dt ho re urban or district authority from which the area oucd re areas are transferred; and ep ro (c) the application of by-lawe r b s of the former urban or district authority or ma auythorities to the new authority established throug ok boh the amalgamation of two or more authorities. is of th rt [s. 11] o p a Urban authority 14.–(1) Everyd .u Nrban authority established or deemed to have to be body rve corporate and to been estabsleished under this Part, and in respect of which there be graded is in extsi sr etence a certificate of establishment furnished under sect h l iroign 9, shall, with effect from the date of commencement of l t A iah. e establishment order, be a body corporate, and shall- anz (a) have perpetual succession and an official seal; n f T a (b) in its corporate name be capable of suing or being sued; nt o e (c) subject to this Act, be capable of holding and purchasing, rnme or acquiring in any other way, and disposing of any Gov movable or immovable property. 250 (2) The Minister shall, for the purposes of the proper ©2 administration of the affairs of local government, categorise urban authorities into grades based on the size of the area, the population and the level of social and economic development within the urban authority in question. 634 THE LOCAL GOVERNMENT (URBAN AUTHORITIES) ACT [CAP. 288 R.E. 2023] (3) Where the Minister grades an urban authority, he shall cause a notice to that effect to be published in the Gazette, but the Minister may, in the order made under section 5 establishing the authority, in addition to the particulars . required to be incorporated in the order, designate the grade AG O of the urban authority being established. n o f (4) The grading of any urban authority shall not affect iitss io s status as a body corporate, and it shall discharge its funcpet rimons and exercise its powers under this Act notwithstanding iotus t grade. ith w [s. 12] d ute Existing urban 15.–(1) Every urban council which was estabislitrs ibhed or deemed authorities to have been established under the former oAr dct, and which is in existence immediately before the com ed umc encement of this Act, shall continue to be established, butp rsoh d all be known as, and be deemed to be, an urban authorit re bye established under this Act. (2) Where, in establishinayg m any urban or other local government authority, thoeo k boundaries of an existing urban council, which is deemheids b to be an urban authority, are affected, t the provisions of se f rtc otion 11 shall be invoked by the Minister only for the puro p aoses of varying the area of that authority, and it shall ndo. t N be necessary for the Minister to comply with section 7. erv e res ts [s. 13] igh ll r a. A B - Urban Wards an i Division of are z aan of 16.–(1) The Minister may, after consultation with the urban authofr Tities into wardts o President, by notice published in the Gazette, divide the area of Acts Nmoesn. jurisdiction of an urban authority into such number of wards, 8 ofr n1992 s. 18 o1v8 e of 1997 Sch. for the purposes of this Act, as may be deemed necessary or 5 G6 of 1999 s. 44 desirable. 02 14 of 1999 Sch. ©2 17 of 2009 s. 10 (2) The Minister may, after consultation with the urban 17 of 2010 s. 37 authority concerned, vary the boundaries of any ward or increase or reduce the number of wards within the area of the authority. 635 THE LOCAL GOVERNMENT (URBAN AUTHORITIES) ACT [CAP. 288 R.E. 2023] (3) The area of the ward shall be divided into mitaa or village consisting of a number of households which the urban authority may determine. (4) Every mtaa or village shall have a Chairman who shall be elected by all adult members of the mtaa or Village in AG. O accordance to the regulations made by the Minister. of n (5) The Minister may, by order published in the Gazetit i ses, o postpone the election of the Chairman of a mtaa upen rmder subsection (4). ou t (6) Every mtaa shall hold meeting at least once in ieth w very two d months and shall, after the meeting, submit theb um teinutes of the meeting to the Ward Development Commitdtie teris . (7) The Registrar of Villages shall have poor d wers to approve or disapprove any mtaa established by anu uced rban authority. (8) The Registrar of Villages shparoe ll, at least once in every calendar year, cause a notice to b e br e published in the Gazette containing a list of every mt ay ama approved by him after the last publication, specifying locoao k b tion of every such mtaa. thi s [s. 14] f art o Mitaa committees 17.–(1) There sh apll be established a mtaa committee in each Acts Nos. o 6 of 1999 s. 45 mtaa, which sdh. Nall be composed of not more than six members 14 of 1999 Sch. elected froemrv e s amongst residents of the mtaa. 13 of 2006 s. 15 17 of 2009 s. 11 (2) Th rets e functions of the mtaa committee established under subs reigc htion (1) shall be- ll ia. A(a) to implement councils’ policies; anz (b) to advise the council on matters relating to development an f T plans and activities of the mtaa; nt o e (c) to advise the ward development committee on matters rnme relating to peace and security in the mtaa; ov G (d) to keep proper record of residents of the mtaa; and 02 5 (e) to do such other things as may be conferred upon it by ©2 the ward development committee. (3) There is established in each mtaa, a mtaa Executive Office which shall be headed by a mtaa Executive Officer to be appointed by the urban authority. 636 THE LOCAL GOVERNMENT (URBAN AUTHORITIES) ACT [CAP. 288 R.E. 2023] (4) The mtaa Executive Officer appointed under subsection (3) shall perform functions as the Secretary to the mtaa committee and such other functions as may be specified in his letter of appointment or other government directives. G. [s. 14A] OA of Division of village 18.–(1) The area of the village established in the urban aresaio n area into vitongoji s Acts Nos. shall be divided into not more than five vitongoji consiesrtmin i g 14 of 1999 Sch. of such number of households or of such geographicaolu a t prea as 17 of 2009 s. 12 may be determined by the village council and appr ovithw ed by the urban authority. ute d (2) Every kitongoji shall have a chairmiatnr ib s who shall be elected by all adult members of the kitongorj id o . (3) A chairman of kitongoji electeduc eu d nder subsection (2) shall hold office for a term of five pyroe dars from the date of his election. re y b e ma [s. 14B] ok Village council 19.–(1) There shall be e sbtois ablished a village council for every Acts Nos. 14 of 1999 Sch. village in the urban th t aorf ea. 17 of 2009 s. 13 (2) Every villa pgae r council established under subsection (1) shall consist odf o . Nnot less than fifteen but not more than twenty- five membeerrvs e elected as follows: (a) es st hr e chairman to be elected in accordance with the ht rig regulations made by the Minister; A(ll. b) the chairman of all the vitongoji within the village; an ia z (c) such other members to be elected in accordance with n Ta regulations made by the Minister of whom not less of nt than one third of the total number of all the members e rnm of the village council shall be women; and veo (d) the village executive officer who shall be the secretary G 02 5 to the village council. ©2 (3) The election of the village council shall be conducted according to procedures prescribed in regulations made by the Minister. (4) After the expiry of five years from the date when the village council was elected under subsection (3), the Director 637 THE LOCAL GOVERNMENT (URBAN AUTHORITIES) ACT [CAP. 288 R.E. 2023] of an urban council in which the village is situated, or any other person appointed by the Director to be the assistant returning officer, shall, in the manner prescribed by the Minister in the regulations, issue a public notice with the intention to conduct . election. G OA [s. 14C] of sio n s Establishment of 20.–(1) There shall be established in respect of each ewrma ird ward committees t p Acts Nos. within an urban authority a ward development commoiuttee. 8 of 1992 s. 19 (2) Every ward development committee shall con th w isist of- 15 of 1994 s. 5 6 of 1999 s. 46 (a) a Chairman who shall be a memberu ter depresenting the ward in the urban authority andt ribis in his absence, members shall elect a presidin d ogr chairman from amongst Chairmen of the mitaauc;e d (b) Chairmen of the mitaa with d pinro the ward; (c) Councillors of urban auth rebe orities who are resident in the ward; y ma (d) Chairmen of villagoeo kc ouncils within the ward; (e) a person who is b hias member of urban authority by virtue t of section 2r5t o( f1 )(c), (2)(c) and (3)(c) of this Act, and who is or a od pinarily resident in the ward; and (f) other N di.n vited persons as may be determined by the comers mve ittee but shall have no right to vote. (3) Thts r eere shall be a Chairman and a Vice-Chairman, both of wgh l rihom shall be elected by the members from amongst l tiah. e Amselves. n za (4) There shall be a Ward Executive Officer who shall be the Tan Secretary to the ward development committee. nt of e [s. 15] rnm oWv eard Executive 21.–(1) There is hereby established for each Ward an Office of 5 GOfficer 02 Act No. the Ward Executive Officer. ©2 13 of 2006 s. 16 (2) The functions of the Ward Executive Officer shall include to- (a) represent and assist the Director in overseeing the implementation of development activities in the ward; 638 THE LOCAL GOVERNMENT (URBAN AUTHORITIES) ACT [CAP. 288 R.E. 2023] (b) prepare action plans in respect of all duties and functions conferred upon him and submit them to the Director; (c) supervise the village executive officers in the . performance of their functions; AG O (d) participate and advise in the preparation of development of n plans in the ward; io iss (e) coordinate action plans and implementation reporpet rsm for village executive officers within the ward ando us t ubmit such plan to the Director; ith d w (f) attend, advise and provide reports biun te respect of implementation of activities within tdhise tr iward; (g) enforce all by-laws in the ward; or d (h) promote the establishment ucd aend development of cooperative enterprises ande pa roctivities within the ward; (i) supervise and coordinaet r b e the implementation of projects and program mm ayes of the ward; (j) supervise the mtaa eoxkbo ecutive officers in the performance of their functio thn iss ; (k) plan and cort oo frdinate the activities of, and rendering assistanceo pa and advice to the residents of the ward; (l) formu N dl.a te and submit to the village councils or the urbearv e s n councils of proposals for the making of by-laws re htsin relation to the affairs of the ward; (llm ri g) monitor revenue collection; a. A i (n) initiate and promote participatory development in the an nz ward; of Ta (o) manage disaster in the ward; en t (p) promote gender issues in the ward; and m ern (q) perform such other functions as may be directed by the ov G Director. 25 20 (3) The Secretary of the Ward Development Committee © shall record the proceedings of the meeting and shall submit the minutes to the Ward Development Committee and the Director. [s. 15A] 639 THE LOCAL GOVERNMENT (URBAN AUTHORITIES) ACT [CAP. 288 R.E. 2023] Functions of ward 22.–(1) Every ward committee shall have such functions as are committees Act No. conferred upon it by this Act or any other written law, and, in 6 of 1999 s. 47 addition, it shall be the function of a ward committee to- (a) do all such lawful acts and things as are necessary or . expedient for the implementation of decisions and G OA policies of the urban authority, or for the economic and f n o social development of the ward; iss io (b) promote the establishment and development opfe rmco- operative enterprises and activities within the wuat o rd; (c) initiate or formulate and undertake any tas th wki , venture d or enterprise designed to ensure the wbeul tfeare and well being of the residents of the ward; ist ri d (d) plan and co-ordinate the activdit oi re s of, and render assistance and advice to thed ur ceesidents of the ward engaged in any activity or inepd roustry of any kind; (e) formulate, and submit to b teh re urban authority, proposals for the making of by-laay m ws in relation to affairs of the ward; and oo k b (f) monitor and is tcho-ordinate the activities of “mitaa” within the w f rta ord. (2) A ward coo pm a mittee may do all such acts and things as may appear. Ned to it to be necessary, convenient or desirable for or in coernvs nection with the carrying out of its functions or e incidenst arht l or conducive to their proper performance. (3 ri)gll A ward committee may establish subcommittees and d A iae. legate to such subcommittees any of its functions. n nz a (4) The council may, for the purpose of co-ordinating the Ta of functions or projects amongst different wards, establish joint nt e ward committees. m ern (5) The joint ward committees established under subsection ov G (4) shall each consist of such members as may be determined 02 5 2 by the council. © (6) Funds and resources of ward committees shall consist of any sum as may be determined and appropriated by the council for the purposes of ward committees. [s. 21] 640 THE LOCAL GOVERNMENT (URBAN AUTHORITIES) ACT [CAP. 288 R.E. 2023] Procedure for 23. Subject to this Act and to any general or specific directions implementation of development of the urban authority in that behalf, a ward committee may, projects in enforcing the implementation of any development project within the ward, adopt such procedure or procedures as will . appear to it to be best suited for or conducive to the speedy OAG and correct realisation of the purposes sought to be achieved of n by the project. io iss [pse. r m22] ut Ward committee 24.–(1) The proceedings of a ward committee shall, isth o w ubject to rules this Act, be regulated in accordance with any diurte dctions given in that behalf by the urban authority concernsetri dib, subject to the provisions of this Act. d or (2) The validity of any act or decisio e ucn dtaken at any meeting of a ward committee shall not be aprffo dected by any vacancy in its membership or any defect in bteh ree appointment of any of the persons attending the meeting a.y ok m o [s. 23] is b th rt o f PART III COMPOSoI p a N TION OF URBAN AUTHORITIES d. e Membership of 25.–(1) Everrvs y town council shall consist of- urban authorities (a) tso r e Acts Nos. h ne member elected from each of the wards within the 8 of 1992 s. 20 l ri g l town; 4 of 1993 s. 5 . A 11 of 1994 s. 24 ia (b) the Member of Parliament representing the constituency an6 of 1999 s. 48 nz within which the town is situated; 4 of 2000 Sch T. a 13 of 2006 os.f 17 (c) women members who are qualified to be elected to the nt e Council, being not less than one third of all the members m ern referred to in paragraphs (a), (b) and this paragraph to ov G be proposed by the political parties represented in the 25 20 Council in such numbers of those parties elected to the © Council and who the electoral authority shall declare to have been elected into the Council; (d) not more than three other members appointed by the Minister from among the residents of the town. 641 THE LOCAL GOVERNMENT (URBAN AUTHORITIES) ACT [CAP. 288 R.E. 2023] (2) Every municipal council shall consist of- (a) one member elected from each of the wards within the municipality; (b) the Member of Parliament representing the constituency . within which the municipality is situated; OAG (c) women members who are qualified to be elected to the of n Council, being not less than one third of all the membeisrss io referred to in paragraphs (a), (b) and this paragra r ppehm to be proposed by the political parties representeodu t in the Council in such numbers as shall be prop woirthtional to d the number of those parties elected to thueteb Council and who the electoral authority shall dec tri dilsare to have been elected into the Council; or d (d) any Member of Parliament appduo ceinted by the President shall be a member to a counprcoe il which that Member of Parliament ordinarily re r sbiedes: Provided that, where Memma byers of Parliament appointed by the President are more thano tkbo hree, the Minister shall, by an order published in the Gazetteis, th direct that the rest of the Members of Parliament in exces f rts o of the three to become Members of the Council in whicho pt ahat Member of Parliament reside; (e) not mo. Ned re than three members to be appointed by these r vMinister whose appointment shall have regard st or e ht specific groups including persons with specific ig ll r expertise, marginalised and disadvantage groups; and . Aia (f) not more than three other members appointed by the an nz Minister from among the residents of the municipality. a of T (3) Every city council shall consist of- nt e (a) members elected one each from the wards within the rnm city; ov e G (b) the Member of Parliament representing the constituency 25 20 within which the city is situated, or Members of © Parliament representing constituencies within the area of the city council; (c) women members who are qualified to be elected to the Council, being not less than one third of all the members 642 THE LOCAL GOVERNMENT (URBAN AUTHORITIES) ACT [CAP. 288 R.E. 2023] referred to in paragraphs (a), (b) and this paragraph to be proposed by the political parties represented in the Council in such numbers as shall be proportional to the number of the members of those parties elected . to the Council and who the electoral authority shall OAG declare to have been elected into the Council; n o f (d) any other Member of Parliament whose nominatio io issn originated from organs of political parties withipne r mthe area of jurisdiction of the Council; ut o (e) any Member of Parliament appointed by th t ew iPh resident d shall be a member to a Council in whicbhu tethat Member of Parliament ordinarily resides: str i di Provided that, where Members of Parli oar d ment appointed by the President are more than three, the uMced inister shall, by order published in the Gazette, direct theapt ro the rest of the Members of Parliament in excess of threee rto become members of the neighbouring council as if thaey b m y were ordinarily residents in those councils. ok bo (f) not more than t ht ihs ree members to be appointed by the Minister; an f rtd o (g) not moreo pt ahan three other members appointed by the Ministde. N e r from among the residents of the city council. (4) A ceirtvs y council established subject to section 8 shall consist so r e i ht f the following members: (lla r) g a Mayor elected by Councillors of the urban authorities A ia. within the area of the City Council from amongst an nz elected Councillors; a of T (b) a Deputy Mayor elected by Councillors of the City nt e Council from amongst elected Councillors except ern m that where the Mayor is from one urban authority, v G o the Deputy Mayor shall be from a different urban 02 5 2 authority; © (c) five Members of Parliament at least one from each urban authority, and at least one of whom shall be a woman, each elected from amongst themselves by Members of Parliament from and resident in the city; 643 THE LOCAL GOVERNMENT (URBAN AUTHORITIES) ACT [CAP. 288 R.E. 2023] (d) three Councillors from each of the urban authorities and at least one of whom shall be a woman; (e) the Mayor of each urban authority within the City Council. . (5) The Mayor elected under subsection (4) shall hold office OAG for a period of five years and may be eligible for re-election. f n o (6) A Deputy Mayor shall hold office for a period of o io insse year and may be eligible for re-election to that office. rm pe (7) The City Director shall be the secretary at all m t oueetings of the city council but shall have no right to vote. ith d w (8) The Director of each urban authoritybu teshall be the secretary to that authority, but shall not voted i isattr any meeting. (9) Subject to the provisions of any otdh oe r r law, the Electoral Commission may provide the proceddu cuere to be followed by political parties in the nomination ro ep and election of names of members under subsections (1)(ce )r b , (2)(c) and (3)(c). may [s. 24] oo k Procedure for 26.–(1) The appointme b hnist made under section 25(3)(f) shall be appointment of f t Councillors by as the Minister mayrt po rescribe in the regulations. Minister (2) The appooin pt ament made by the Minister under section Act No. 13 of 2006 s. 18 25(3)(f) shall dh. a Nve regard to the proportionality of the number of memberesrvs oe f those parties elected to the Council. s r e t [s. 19A] h rig Chairmen, 27A.–ll. (1) There shall be a Chairman and the Vice-Chairman for Mayors, Vice- nia Chairmen, and za each town council. Deputy Mayo n Trsa (2) There shall be a Mayor and a Deputy-Mayor for each Acts Nos. f 8 of 1985n t o Sch. municipal council and each city council. e 8 ofr n1m992 s. 21 (3) The Chairman and the Vice-Chairman of a township 4v oef 2000 Sch. G o13 of 2006 s. 19 council and town council, the Mayor and the Deputy Mayor 02 5 of the Municipal Council or city council as the case may be, ©2 shall each be elected by members from amongst the members of each of the respective Urban Authorities. (4) The Chairman and the Mayor shall, unless one sooner resigns or otherwise ceases to be a member, hold office for 644 THE LOCAL GOVERNMENT (URBAN AUTHORITIES) ACT [CAP. 288 R.E. 2023] a term of five years or such shorter period as the Council may, by resolution determine; and the Vice-Chairman and a Deputy Mayor shall hold office for one year or such term, as the Council shall determine. . (5) Where for any reason, the ordinary term of office of G OA a Mayor, or a Deputy Mayor is altered, the term of office of of n the Chairman of the Committees shall correspond to that io isosf the Mayor, Chairman as the case may be in accordancep ew rmith the resolution of the Council and members thereby osuh t all be proportional to the members representing each polititih w cal party d in the Council. te bu (6) Notwithstanding the provisions of suisbtrs i d ection (4), the Council may, by resolution supported db oy r two thirds of the members, remove the Chairman or Mda cyeu or from office: Provided that, a Chairman or ap roe Mayor who has been so removed may appeal to the Mini sbtee rr only on issues of procedure relating to such removal. may ok bo [s. 25] is 28. [Repealed by Acto fN th Repealed rt o. 8 of 1992, s. 22]. a o p [s. 26] d. N Election of 29.–(1) Alelr ve elected members of an urban authority shall be elected members elected a rtes selections conducted for that purposes in accordance with thht rig e provisions of the law relating to the election of m. eAmll bers of local government authorities. ia za n (2) Ordinary elections of elected members shall be held an T prior to the date of retirement of incumbent members, and f nt o elected members shall not assume their offices until after the me rn incumbent members have retired. ov e [s. 27] G 25 ©20 Tenure of office of 30.–(1) The term of office of a member of an urban authority elected members Act No. shall be five years, and all members shall retire on the fifth 8 of 1985 Sch. anniversary of the date on which they assumed their offices; and if not re-elected, their places shall be filled by newly elected members who shall come in office on that day. 645 THE LOCAL GOVERNMENT (URBAN AUTHORITIES) ACT [CAP. 288 R.E. 2023] (2) Where a member is elected in a by-election, he shall hold office only for the remainder of the term of office of his predecessor, but shall be eligible for re-election. [s. 28] . AG Cessation of 31. Where a person is elected a member of an urban authority of O membership for n o disqualification and, subsequently circumstances occur in relation to him sucsshi that if he were not yet elected he would thereby have ebrme ien disqualified from standing as a candidate for electioutn p o as a member, he shall be disqualified and the electora wl i tahuthority shall declare his seat on the district council to bute d vacant, and thence cause elections to be held to fill the vasctra ib i ncy. d or [s. 29] ce d Resignation 32.–(1) Any elected member may u ro dresign his seat on the and absence of members authority by giving written notic ree p e of his resignation to the Chairman. ay b (2) An urban authorityo km may grant leave of absence from its meetings, not exceedis ibn og ten months, to any member who desires to proceed to af tdh o estination outside the United Republic, t and during the p pear riod of absence of that member the urban authority mayd. Ncoo-opt a person to discharge the duties of the absent memervb eer, subject to subsection (3). (3) W rhe s s ere an elected member is for any reason absent from the U rign hitted Republic for a period exceeding ten months his seat on ll . A the urban authority shall be deemed to be vacant. nia za (4) A person co-opted to discharge the functions of the n Ta office of a member shall, during the period for which he is f nt o co-opted, have and exercise the same rights and powers in all rnm e respects as the member of whose office he is discharging its e Gov functions. 5 02 (5) Where any member of an urban authority- ©2 (a) without leave of absence or the prior written consent of the Chairman, absents himself from three consecutive ordinary meetings of an urban authority; or (b) without leave of absence or the prior written approval of the Chairman of a committee absents himself from 646 THE LOCAL GOVERNMENT (URBAN AUTHORITIES) ACT [CAP. 288 R.E. 2023] three consecutive meetings of any committee to which he has been appointed by the urban authority, he shall be liable to be discontinued in his office as a member of the urban authority. . [s. 30] OAG of Repealed 33. [Repealed by Act No. 7 of 2010, s. 43] ion [s. m3i ss er 1] ut p Decision of 34.–(1) All questions arising as to whether a personit hoas been questions as to d w membership of lawfully elected a member or not, or the right otef any person council to be or remain a member of an urban authibustr ority, shall be determined by a court of a Resident M i ora dgistrate upon the application of or election petition precseed nted by any one or more of the following persons: rod u (a) a person who lawfully votee rd ep or had right to vote at the election to which the aayp bplication or election petition relates; k mo (b) a person claimin bo isg to have had a right to be nominated or elected at aonf th election; t (c) a person pcal raiming to have been a candidate at the electiodn. N; o (d) a perrvee son claiming to have a right to be or remain a mreess mber of an urban authority; (e ht ri)g the Attorney General. ll . A(2) The presentation and trial of petitions and applications niiaza n pursuance of this section shall be governed by the provisions Tan of the law relating to the trial of petitions and applications of nt arising from elections in local government authorities. e rnm [s. 32] veo 25 GFreemen 35.–(1) Subject to this section, an urban authority may- 0 ©2 (a) admit to the status of honorary freeman of the authority persons of distinction, and persons who have rendered eminent services to the urban authority or to the United Republic; 647 THE LOCAL GOVERNMENT (URBAN AUTHORITIES) ACT [CAP. 288 R.E. 2023] (b) where it considers that a person admitted to the status of honorary freeman of the authority has subsequently ceased to be worthy of the status, annul the admission of the person to that status. . (2) The power of admitting or annulling the admission of a AG O person to the status of honorary freeman of an urban authority of n shall not be exercised except by resolution of the urbiassn io authority supported by the votes of not less than two-thipred rms of the members present and voting, and the power of an t ounulling the admission of a person to the status of honorary wfri theeman of d an urban authority shall not be exercised unlesbsu tethe authority has afforded to that person an opportunityd it i sotr be heard or to make written representations on his behal d of r. (3) The Director shall keep a list to buecd estyled as the honorary freemen’s roll, in which shall be eipn roscribed the names of all persons admitted to the status b eo rf honorary freeman of the authority and from which s ay hmall be removed the name of any person whose admission bto o kthat status is annulled. (4) Every person w thh iso , before the commencement of this Act, was an honorar yofrt freeman of an urban council established or deemed to hav epao been established under the former Act, and deemed to beed . aNn urban authority established under this Act, shall be de r semv ed to have been admitted to the status of freeman e of thath tas ur thority under this Act. rigll [s. 33] A ia. za n n PART IV of Ta t MEETINGS AND COMMITTEES men ernv A - Meetings of Urban Authorities 5 G o 2 Frequency, place 36.–(1) Subject to subsections (2) and (3), an urban authority 0 ©2 and time of meetings shall hold an ordinary meeting for the transaction of its business at least once in every three months at places, dates and at such times as it may decide. (2) The first ordinary meeting of an urban authority newly established, or deemed to have been established, under this 648 THE LOCAL GOVERNMENT (URBAN AUTHORITIES) ACT [CAP. 288 R.E. 2023] Act shall be held at a place, on a day and time as the Director may appoint. (3) The Chairman may convene a special meeting within twenty-one days or such lesser period as may be prescribed by . the standing orders of the urban authority, after he receives a G OA written request to that effect signed by not less than one-third n o f of all the members and stating clearly the purposes for whi io icssh the special meeting is requested to be convened. erm ut p [s. 34] ith o w Notice of 37.–(1) The Director shall, not less than twenutey d-four hours meetings before the time appointed for the holding o rib ifs ta meeting of an authority, notify every member in writin d d o gr of the place, day and time of the meeting and of the b e uucsiness proposed to be transacted at the meeting. pro d (2) Business shall not be tranbsea rected at a special meeting of an authority other than specimfiae y d in the notice relating to it. ok [s. 35] is bo Quorum at 38. One-half of all t hofe th members shall constitute a quorum at meetings t any ordinary me epat ring of an authority; and the quorum at a special meetin o d. g N of an authority shall be two-thirds of all the members. erv e s s r e [s. 36] ht rig Presiding in 39A. ll . The meeting of an authority shall be presided over by- Council ia an (a) the Chairman or the Mayor, as the case may be; nz Ta (b) in the absence of the Chairman or the Mayor, the t o f Vice-Chairman or the Deputy Mayor, as the case en nm may be; or r ov e (c) in the absence of both the Chairman or the Mayor and 5 G2 the Vice-Chairman or the Deputy Mayor, or in the case 0 ©2 of inability of both to preside, those present may elect one member from amongst their number to preside for the purpose of that meeting. [s. 37] 649 THE LOCAL GOVERNMENT (URBAN AUTHORITIES) ACT [CAP. 288 R.E. 2023] Decisions of 40. All questions proposed for decision at any meeting of an urban councils urban authority shall be decided by a majority of the votes of the members present and voting and in the event of equality of votes the Chairman or other member presiding shall have a . casting vote in addition to his deliberative vote. OAG [s. 38] n o f ss io Meetings to be 41.–(1) Subject to subsection (2), every meeting of an uerrbm ian held in public authority shall be open to the public and the press. t p ou (2) The provisions of subsection (1) shall not ap th wpi ly to any committee, sub-committee, joint committee or tuote a d committee of the whole urban authority. trib di s or [s. 39] ce d Minutes of 42.–(1) The Secretary shall recordro da und keep details of all meetings business conducted or transacted p e r eat all meetings of an urban authority in books kept and maya bintained for that purpose, and the minutes of each meetinogk mof the authority shall be read and confirmed, or be read, isa bm o ended and confirmed, at the next meeting of the authorf itth o y and signed by the person presiding at t that meeting. ar p (2) The namd. e Nso of all members of an urban authority present, and those oerfv enon-members invited to attend, at every meeting of the aurtehss ority shall be recorded in the minutes. (3i)g h t r Any minutes purporting to be signed by the person pr ll . eAsiding at a meeting of any urban authority shall, in the naiaza bsence of proof of error, be deemed to be a correct record of Tan the meeting whose minutes they purport to be, the meeting of nt shall be deemed to have been duly convened and held, and all e rnm persons present at the meeting shall be deemed to have been veo qualified to attend. 25 G 0 [s. 40] ©2 Minutes to 43. The minutes of the proceedings of an urban authority shall be open for inspection be open for inspection by members at reasonable times and by any member of the public at times and under arrangements as may be permitted by the Chairman, and any person may 650 THE LOCAL GOVERNMENT (URBAN AUTHORITIES) ACT [CAP. 288 R.E. 2023] obtain an extract from the minutes upon payment of such fee as may be specified by the authority. [s. 41] Standing 44.–(1) Subject to this Act, an urban authority may, with the G. orders of urban A authorities prior approval of the Minister, make standing orders for the f O o regulation of its proceedings and business, and in respect osfio n s matters to be referred and functions to be delegated toe rma iny committee of the authority, and subject to such approovua t lp, may vary, revoke, add to or amend those standing order ws.ith (2) Provision may be made in standing utoe drders made under this section for the payment of transisptro ibrt, attendance, responsibility and other allowances to me d omr bers of any urban authority. ed uc pro d [s. 42] e r e b Disability for 45.–(1) Where a member or o affiy cer of an urban authority has voting on account of interest in any pecuniary interest, doirk e mct or indirect, in any contract, contracts proposed contract or oth bo is er matter, and is present at a meeting of Act No. f th 6 of 1999 s. 49 the authority or its c oommittee at which the contract, proposed t contract or othe rp am r atter is the subject of consideration he shall, as soon No d .a s practicable after the commencement of that meeting, deirvs eclose that fact and shall not take part in or be presents ar ets the consideration or discussion of, or vote on any ques rti hotig n with respect to, the contract, proposed contract or th l . aAtl other matter subject to subsection (2). ia za n (2) This section shall not apply to an interest in a contract or Tan other matter which a member of an urban authority may have of nt as a rate payer or inhabitant of the area of jurisdiction of the me rn authority, or to an interest in any matter relating to the terms ov e on which the right to participate in any service, including the 5 G 02 supply of goods is offered to members of the public. ©2 (3) Subject to this subsection and subsection (4), for the purposes of this section, a member shall be treated as having an indirect pecuniary interest in a contract or other matter, where- (a) he or his nominee is a member of a company or other body, or the holder of debentures in a company, with 651 THE LOCAL GOVERNMENT (URBAN AUTHORITIES) ACT [CAP. 288 R.E. 2023] which the contract is made or proposed to be made or which has a direct pecuniary interest in the other matter under consideration; or (b) if he is a partner or in the employment of a person with . whom the contract is made or proposed to be under or OAG who has a direct pecuniary interest in the other matter f n o under consideration. siois (4) Subsection (3) shall not apply to membershippe r mof, or employment under, any other urban authority uot o r any association of persons who provide any public utility aith w s a public d body and not for their own profit, and a membebru toe f a company or other body shall not by reason only of hisd im i strembership, and a person holding debentures shall not bdy o r reason only of his holding debentures, be treated as beindug c eso interested if he has no beneficial interest in any shares eopr ro stock of that company or other body or in those debentur r y b ees. (5) In this section a direct m o ar indirect interest of a spouse or any member of the familybo o okf a member of the urban authority shall, if known to that thmis ember of urban authority, be deemed to be a direct or indrti or fect interest. (6) A generalo np aotice given in writing to the Director by a member of the. Ned authority to the effect that he, his spouse, or a members eor vf his family has a direct or indirect interest in a e contrahctst ,r proposed contract or other matter and specifying the natu g ll r ie of the interest, shall, unless and until it is withdrawn, b A iae. deemed to be a sufficient disclosure of his interest in any n nz a matter relating to it which may be the subject of consideration of Ta after the date of the notice. nt e (7) The Director shall cause to be recorded, in a book to ern m be kept for that purpose, particulars of any disclosure made v G o under subsection (1) and of any notice given under subsection 25 20 (6), and that book shall be open to inspection at all reasonable © times by any member. (8) A person who refuses or fails to comply with subsection (1) commits an offence and on conviction, shall be liable to a fine not exceeding two thousand shillings or to imprisonment 652 THE LOCAL GOVERNMENT (URBAN AUTHORITIES) ACT [CAP. 288 R.E. 2023] for a term not exceeding six months or to both and shall, by virtue of the conviction and punishment, be disqualified from continuing to be a member of the authority, and shall be liable to account to the authority for any profit which may accrue to . him from any such contract or matter; but a prosecution for an OAG offence under this section shall not be instituted except with of n the prior consent of the Director of Public Prosecutions. io iss (9) The Minister may, subject to such conditions as hepe m rmay think fit to impose, remove any disability incurred un t odu er this section in any case where the number of member wsi thof urban d authority so disabled at any one time would ubteb e so great a proportion of the whole as to impede the dtir i satrnsaction of the business of the authority, or in any otdh oe rr case in which it appears to him it is in the interests o ce duf the inhabitants of the area of jurisdiction of the authoriteyp rothat the disability should be so removed. r be (10) In this section- may (a) a member of the ok b ofamily of a member of an urban authority shall s tbh ie deemed to include the father, mother, child, brothret ro f or sister and any person married to his father, moo pt aher, child, brother, or sister; (b) the teerdm . N “Director” includes a person who is acting in thaet rvs office. ts re [s. 43] l ri gh l Validity of acts 4a6. A i . The validity of any act or proceeding of an urban authority, and proceedings n of district councizl a its members or of any of its officers shall not be affected by any n and officers Ta f vacancy among the members of the council or by any defect in nt o e their election or appointment, or that of its officers. rnm [s. 44] ov e G 02 5 Invitation to 47.–(1) The Chairman of an urban authority may, after ©2 non-members to attend meetings consultation with the members, invite any person to attend and speak on any matter, or participate in any other way, at any meeting of the council, but any person so invited shall not be entitled to vote at that meeting. 653 THE LOCAL GOVERNMENT (URBAN AUTHORITIES) ACT [CAP. 288 R.E. 2023] (2) All heads of departments of an urban authority may, when so required by the Director, attend all or any of the meetings of the authority, but a head of department shall not be entitled to vote at any of those meetings. G. [s. 45] A of O Adjournment of 48.–(1) An urban authority may adjourn any of its meetings.sio n meetings s (2) Where at any meeting of an authority a quorum iesr mn iot present, the members present or, if there are no met mpou bers present or, the Director shall adjourn the meetin th wgi and may appoint for the adjourned meeting such place, duatey d and time as may be considered suitable. trib dis or [s. 46] ce d u B - Committees of Urbaprno d Authorities re Standing 49.–(1) Any urban authority yo bt eher than a city council shall committees Act No. establish a standing committmea k es for- 6 of 1999 s. 50 (a) finance and admi nboi ostration; (b) economic affafi rths is, health, and education; and (c) urban plannrti noa g and environment. (2) NotwithNsot panding subsection (1), the council may establish sucvehd .other standing committees not exceeding three as may be enres ecessary for the proper discharge of the functions r of the hctso uncil to local needs and priorities. (ll3 riA )g A city council established under section 8 shall establish . nsiauch committees as may be determined by the Minister in the a an z order establishing it. T t o f (4) Each standing committee, except the standing committee enm for finance and administration, shall consist of not more than rn ve one third of the members of the urban council. o 5 G (5) The Minister may, by regulations published in the 2 20 Gazette, prescribe the limit of the number of committees that © may be established by an urban council and the annual cost of meetings of council, its committees and sub-committees. (6) Any committee established under this section may invite other persons who are not members of the council to provide 654 THE LOCAL GOVERNMENT (URBAN AUTHORITIES) ACT [CAP. 288 R.E. 2023] expertise and other assistance, but such invited persons shall not have the right to vote. [s. 47] Functions 50. Subject to section 49, provision shall be made in standing G. of standing A committees orders of an urban authority for the composition and functions of O of each standing committee. ion iss[s.r m48] t p e u Power to appoint 51.–(1) An urban authority may establish such other o it hstanding occasional committees or occasional committees as it may determine for tdh wte e purposes of examining and reporting on any matter o ibu str of discharging any functions of the authority delegated otro d i them under this Act, or generally, as it may deem necesscaerdy or desirable for the better performance of the functions raond ud efficient management of the affairs and business of the ep ea ur thority. (2) Any committee appoaiyn bted under this section may include persons who are n m ookt members of the urban authority appointed by the authios rb oity or co-opted by the committee, and all persons appooif n th ted or co-opted by the authority shall, t when performing p at rhe functions of a committee as members of that commitNteod. e, have and exercise rights and powers in all respects in e e rvelation to the business of the committee as those exercisesd r e sby members of the authority who are members of the com h rmig itttee in question. ll . A [s. 49] ia za n Co-option of anT 52.–(1) Any committee of an urban authority may, subject non-memboefr s to committete s to the prior approval of the authority, co-opt as members of en nm the committee such number of persons who are not members er ov of the authority as it may deem necessary for the efficient 5 G2 execution of any task undertaken by the committee. 20© (2) Persons co-opted by any committee under this section shall have and exercise the same rights and powers in relation to the business of the committee as are conferred by this Act on members of the committee. [s. 50] 655 THE LOCAL GOVERNMENT (URBAN AUTHORITIES) ACT [CAP. 288 R.E. 2023] Effect of 53.–(1) Subject to section 57(3), where a vacancy occurs in any vacancies on committees committee, joint committee or sub-committee, the committee in question may continue to act notwithstanding the vacancy or vacancies until that vacancy has or those vacancies have . been filled by nomination, election or appointment, as the case G OA may be. of n (2) Nothing in this section shall be construed as renderinissg io it unnecessary at any meeting of a committee, joint commpei rmttee or sub-committee for such quorum to be realised aso um t ay be provided for by or under this Act or in any standwiit h ng orders tedmade pursuant to this Act. bu (3) For the avoidance of doubt it isd i isdtr eclared that a committee, joint committee or sub-comdm orittee shall not hold any proceedings at any time while thed e uncumber of its members present is less than the quorum proepv rioded for in respect of it. r be [s. 51] may Sub-committees 54.–(1) Any committee oro oj ko int committee may appoint from amongst its members susc bhi h sub-committee or sub-committees t as it may deem exp f rte odient for the purposes of examining and reporting on anyo pm a atter, but the committee shall not delegate any of its execdu. Ntive powers to any such sub-committee. (2) Thes enr vue mber of members of a sub-committee and their term ofts or effice shall be such as may be fixed by the committee applo h rignting it. l a. A i (3) Subject to the standing orders of the urban authority, a n za sub-committee shall determine its own procedure. an f T (4) A sub-committee shall not discharge any of the nt o e functions of an urban authority which have been delegated to ern m the committee by which it appointed. ov G [s. 52] 25 ©20 Joint committees 55.–(1) Subject to any general or specific directions given by the Minister in that behalf, an urban authority may concur with any one or more other urban authority or local government authorities, in appointing from among their respective members a joint committee of those authorities or of that 656 THE LOCAL GOVERNMENT (URBAN AUTHORITIES) ACT [CAP. 288 R.E. 2023] authority and local government authority or authorities for any purpose in which they are jointly interested, and may delegate to that committee, subject to such restrictions or conditions as they may deem fit to impose, any powers or functions of the . authority relating to purposes for which the joint committee AG O is formed except such matters as the urban authority is not of n empowered to delegate by this Act. io iss (2) Subject to this Act, the composition of any ejromp int committee appointed under this section, the term of oouffi t ce of its members and the area within which the comm wiithttee is to d perform its functions shall be determined by t te bhue authority or authorities and local government authorities atrpidis pointing it. (3) A joint committee shall not incuorr d any expenditure exceeding the amount allowed by the apcedu pointing authority. ep ro [s. 53] r be Delegation 56.–(1) Subject to subsectiomna y(2), and to any restrictions or of powers to Committee conditions as it may deemoo k fit to impose, an urban authority may delegate to a Cohmis bmittee the power to discharge any t function on behalf rot of f the authority. (2) An urbano a pu athority shall not delegate to any committee the power to-d. N (a) maekrev e s by-laws; (b) e tsm r ake and levy rates; (lc ri)g h adopt estimates of revenue and expenditure of the l ia. A authority; anz (d) impose fees and charges. n f T a (3) An urban authority may withdraw or alter any delegation o en t to a committee, but such withdrawal or alteration shall not m ern affect anything done in pursuance of any decisions lawfully Gov taken by the committee. 250 (4) Any function discharged or power exercised by a ©2 Committee in pursuance of the delegation made to it under this section shall be deemed to have been discharged or exercised by the urban council. [s. 54] 657 THE LOCAL GOVERNMENT (URBAN AUTHORITIES) ACT [CAP. 288 R.E. 2023] Proceedings of 57.–(1) The proceedings of every committee, sub-committee committees and sub-committees or joint committee of a district council shall, subject to this Act, be regulated in accordance with standing orders of the authority, subject to the following provisions of this section. . (2) Minutes of the proceedings of a meeting of a committee, OAG joint committee or sub-committee shall include a record of the of n names of all members present and absent, and shall be drawissn io up and signed at the same or a subsequent meeting bpye r mthe person presiding at that meeting, and any minutes so t ou signed shall, in the absence of proof of error, be received i ith wn evidence d without further proof. bu te (3) The validity of any act or decision takentridis at any meeting of a committee, joint committee or sub-comor d mittee shall not be affected by any vacancy in its memberdsuh ceip or any defect in the appointment of any of the persons eapt rotending the meeting. r be [s. 55] may Admission 58. The proceedings of a oco kmmittee, joint committee or sub- of public to meetings of committee shall not beh ios pben to members of the public and the t committees press, except in purs f rtu oance of a resolution of the urban authority appointing it or oin p a pursuance of resolutions to that effect of all the authoritieds. o Nr category of authorities concurring to appoint that comm rve res eittee. ts [s. 56] h rig Reports by 59. A. ll Every committee, joint committee or sub-committee committee ia za nestablished or appointed under this Act shall, at one of the next two an T ordinary meetings of its appointing authority held after a meeting nt of of the committee, joint committee or sub-committee, report its e rnm proceedings to that appointing authority for its consideration e ov or, in the case of proceedings which relate to the discharge of 25 G 0 functions delegated to the committee, for its information. ©2 [s. 57] Establishment of 60.–(1) An urban authority may for the purpose of discharging its service board Act No. functions within its area, establish by instrument published in 6 of 1999 s. 51 the Gazette such service boards as it may deem necessary. 658 THE LOCAL GOVERNMENT (URBAN AUTHORITIES) ACT [CAP. 288 R.E. 2023] (2) A service board established under subsection (1) shall be answerable to the urban authority and shall perform such duties and exercise such functions as may be specified in the instrument establishing it. . [s. 58] AG of O n PART V io iss FUNCTIONS OF URBAN AUTHORITIES erm ut p tho A - Functions wi ted Duty to perform 61.–(1) It shall be the duty of every urban authotrribi uty to discharge functions the functions conferred upon it by this Ac is otr o dr by or under any other written law, and for that purposced, an urban authority may, within the limits of the functriood uns so conferred, either by its own officers or by duly apep r eopinted agents, do all things and acts as are lawful and neceys sba ary for the performance of its duties. m ok (2) Save where the ics ob ontrary is expressly provided for or appears from the con t otfe xh t of the function or duty to be permitted or intended, every afrut p nction conferred upon an urban authority shall be exerci.s Ne od in respect of all persons within its area of d jurisdiction e er vor the category or description of persons within its area of jurerss isdiction as are concerned in relation to the function in quigeh t r stion. ll . A [s. 59] ia an Objectives anda n z T 62.–(1) It shall be the responsibility of each urban authority as functions ooff local governmetn t a local government authority, subject to this Act- n authnomrieties (a) to maintain and facilitate the maintenance of Avcet rs Nos. o6 of 1999 s. 52 peace, order and good governance within its area of G 25 5 of 2022 s. 85 jurisdiction; ©20 (b) to promote the social welfare and economic well-being of all persons within its area of jurisdiction; 659 THE LOCAL GOVERNMENT (URBAN AUTHORITIES) ACT [CAP. 288 R.E. 2023] (c) subject to the national policy and plans for rural and urban development, to further the social and economic development of its area of jurisdiction; (d) to take necessary measures to protect and enhance . the environment in order to promote sustainable AG development; of O n (e) to give effect to the meaningful decentralisation isisn io political, financial and administrative matters replea rtming to the functions, powers, responsibilities and t osuervices of all levels of local government authorities; th d w i (f) to promote and ensure democratic particbuip teation in, and control of, decision-making by the peodpisl teri concerned; and (g) to establish and maintain reliablde o rs ources of revenue and other resources enabliuncd ge local government authorities to perform theire pfu ronctions effectively and to enhance financial accou r y b netability of local government authorities, their memma bers and employees. (2) In the performancebo o okf their functions, local government authorities shall- th is (a) provide theirrt o s f ervices in an efficient and cost-effective manner an pad foster co-operation with civic groups and other p.e N o ed rsons or authorities; (b) accseor vrd due recognition to, and promote gender e htsa rwareness. (ll3 ri) g This Act shall not be construed as prohibiting local g A iao. vernment authorities from performing any function which an nz is not the exclusive of the central government or of any other Ta t o f local government authority. en (4) For the purposes of subsection (3), the Minister may by m ern order published in the Gazette, specify for urban authorities ov G any matters which are the exclusive responsibility of the central 5 20 2 government and those of any other local government authority. © (5) For the purposes of the better execution of its functions, whether done alone or in co-operation and in conjunction with any other local government authority or other relevant written law, a local government authority shall take all such measures as in its opinion are necessary, desirable, conducive or expedient- 660 THE LOCAL GOVERNMENT (URBAN AUTHORITIES) ACT [CAP. 288 R.E. 2023] (a) for the suppression of crime, the maintenance of peace and good order and the protection of public and private property lawfully acquired; (b) for the regulation and improvement of agriculture, . trade, commerce and industry; OAG (c) for the furtherance and enhancement of the health, of n education, and the social, cultural and recreational lii io sfse of the people; and rm pe (d) for the relief of poverty and distress, and t oufor the assistance and amelioration of life for the ith wyoung, the d aged and the disabled or infirm. uteb (6) Each urban authority shall establish dais troi ne-stop centre for co-coordinating, encouraging, promdo ot ri ng and facilitating business within its area of jurisdiction ce d.u (7) The Minister may makeep r o regulations for better implementation of the provision r bse of subsection (6). ay m [s. 60] ok Relations 63.–(1) In relation to ist b o h he powers and functions of urban with central t government authorities conferre f rtd o by this Act, the central government shall- Acts Nos. (a) facilitate ot hp ae exercise of those powers and the discharge 6 of 1999 s. 53 13 of 2006 s. 20 of thosde. Nfunctions in a manner that gives due recognition 4 of 2021 s. 19 to tehrv e s e autonomy of local government authorities; (b) tsf or ermulate a national policy and regulatory framework rig h l for the local government system in urban areas; l ia. A(c) co-ordinate and monitor the performance of urban za n authorities for compliance with national policies, an f T guidelines and standards; t o en (d) have due regard to the need to recognise and enhance m ern the role of local government authorities in the provision ov G of services and supervision of development activities 250 within their respective areas; ©2 (e) develop policies and provide for regulatory framework and ensure that the urban authorities leads other development agencies in their area of jurisdiction in the proper execution and implementation of those policies; 661 THE LOCAL GOVERNMENT (URBAN AUTHORITIES) ACT [CAP. 288 R.E. 2023] (f) provide the necessary technical support to urban authorities for the development of respective sectors in their areas; (g) assist in work for the implementation of decisions and . resolutions of the urban authorities which affect the OAG development of their respective sectors; of n (h) provide and secure enabling environment f io iossr successful performance of the duties of the uerrbmp an authority; ut o (i) ensure compliance by all persons and urban waiu ththorities d with appropriate government decisiobun tes guidelines in relating to the promotion of the dliso trci al government system; and d o r (j) do such acts and things as shadlul c feacilitate or secure the effective, efficient and lawf r eup lo execution by the urban authorities of the statutorey r b or incidental duties. (2) Where an agreement mpa ryovides for special arrangement relating to the implemenbtoa otkion of this provision, and the said arrangement has been s tahp i proved by the Cabinet, the application of the provisions of f rt osubsection (1)(m) shall not prejudice the implementation oo pf a such agreement. (3) Sector dM. N e inistries shall, in relation to local government authoritiesse rp verform the following functions to- e (a) hts ur pervise professionalism of personnel relating rigll to the particular sector in the local government a. A i authorities; an nz (b) ensure quality assuarance in the performance of the a of T functions of technical personnel relating to the sector t en in the local government authorities; ern m (c) undertake monitoring and evaluation of the technical v G o personnel’s performance of their functions; 25 20 (d) ensure all posts as required by the establishment of a © particular profession are properly filled; (e) ensure human resources development; and (f) ensure availability of equipment, human resources and funds for equipment, human resources and funds for 662 THE LOCAL GOVERNMENT (URBAN AUTHORITIES) ACT [CAP. 288 R.E. 2023] implementation of sectoral programmes in the local government authorities. [s. 61] Duties of urban 64.–(1) Subject to this Act, it shall be the duty of every urban G. authorities A authority within its area of jurisdiction to- f O o (a) establish and maintain offices and buildings for thssei o n purpose of transacting the business of the autho i ermrity and for public meetings and assemblies; t p ou (b) take and require the taking of measur ith ews for the conservation of natural resources, the pre d uvte ntion of soil erosion and the prohibition and contr rib isot l of cultivation; (c) prevent or control the keeping, mor dovement, control, destruction and sale of livestoceu kd, animals and birds, so that their keeping or usep droo d es not become a public nuisance or injurious to bhee raelth; (d) provide for the tre y maatm ent of congested area, for the closure and doeom k olition of buildings or parts of buildings unfit fios h rb human or other habitat either from t structural or osf rt anitary causes or from the narrowness, closeness a o op r bad arrangement of those buildings or of the strde. e Nts, and for the prohibition of the use of such busi e eldrvings for such habitation, and to pay compensation si fr e t it shall so think fit; (e h l ri)g provide for the inspection of all meat, fish, vegetables A l ia. and all other foodstuffs of whatever kind or nature, and anz of liquids intended for human consumption, whether n f T a exposed for sale or not, and to seize and destroy all t o en such foodstuffs or liquids as are unfit for human m ern consumption, or to seize and otherwise deal with any v G o foodstuffs or liquids intended for human consumption 02 5 when and in such manner as may by by-laws be directed ©2 or allowed, and to supervise and control all bakeries; (f) provide, maintain, supervise and control public markets and pounds, and cold-storage depots, mineral water factories and public or private slaughter-houses, 663 THE LOCAL GOVERNMENT (URBAN AUTHORITIES) ACT [CAP. 288 R.E. 2023] and all matters and things as may be necessary for the convenient use of such markets, pounds, cold-storage depots, mineral water factories and public or private slaughter-houses, and to impose fees, rents, and tolls . in respect of the use of public markets, pounds or AG O slaughterhouses by any person; f ion o (g) keep and maintain in good order and repair all pubilsisc latrines, urinals, cesspits, dustbins and other recepptea rmcles for the temporary deposit and collection of oru t bbish, and public bathing and washing places, and w ti toh provide d for the removal of all refuse and filth frbou tme any public or private place, and provide for the rsetr i di moval of nights oil and the disposal of sewage frdo om r all premises and houses in its area, so as to prevdeu cnet injury to health; (h) provide for and maintain a psroe upply of electric lighting or other means of ligh tbien rg streets and trunk roads, including bridges car r y myaing trunk roads, and to provide lamps, lamp postsbo, oaknd other materials and apparatus as may be deemheis t d necessary for lighting its area; (i) provide for rt toh f e prevention and abatement of public nuisanceos po ar of nuisances which may be injurious to the puedb . lNic health or to the good order of the area of the autehrvority; es (j) sn rht ame or re-name, where necessary, all streets, such rigll names to be affixed in conspicuous places, and to cause ia. A the buildings in such streets to be numbered; an nz (k) make, keep and maintain clean and in good order and Ta of repair all streets and sewers together with all buildings, nt e machinery, works and things belonging thereto which ern m have or shall become vested in the authority, and to Gov provide for the drainage of surface water: 02 5 2 Provided the authority shall have power to divert or alter © the course of any street on sewer and to keep the same clear of obstructions so as not to be a nuisance or injurious to health; (l) keep clean all trunk roads within the area of the authority; 664 THE LOCAL GOVERNMENT (URBAN AUTHORITIES) ACT [CAP. 288 R.E. 2023] (m) regulate any trade or business which may be noxious, injurious to the public health or a source of public danger, or which otherwise it is in the public interest expedient to regulate, and to provide for the issues of . licences or permits to facilitate the regulation of any OAG such trade of business, and for the imposition of fees in n o f respect of such licences or permits; io iss (n) regulate the use and conduct of public vehicles plyipneg rm for hire and their fares, to regulate the routes and opu ta rking places to be used by such vehicles, to a th wpi propriate d particular routes, roads, streets and te bpuarking places to specified classes of traffic, and wdihs trein necessary to provide for the identification of alld l ioc r ensed vehicles; and (o) undertake all other works, ucd me atters and services necessary for or conducive teop rtohe public safety, health or convenience, as it shall th r beink fit, or which the Minister may declare to be them fa uynctions of the urban authority. (2) In addition to the ok bdouties specified in subsection (1), an urban authority may pthei rs form any of the functions specified in the Schedule to thisrt Ao fct. a No p [s. 62] d. e Regulations 65.–(1) Fosre rt vhe purposes of ensuring the better performance by conferring re specific functions urban atsu thorities of their general functions in accordance with the l origb hjects, purposes and provisions of this Act, the Minister l m. aAia y, subject to section 66, make regulations more particularly n za specifying the powers and duties to be exercised by any urban an f T authority, or by any category of urban authorities, or by all nt o e urban authorities. ern m (2) It shall be the duty of every local government authority Gov in relation to which regulations are made under this section, 5 02 to exercise the powers and discharge the duties conferred or ©2 imposed by the regulations to the best of its ability and resources. [s. 63] Functions and duties under 66.–(1) Where the regulations required or desired to be made other written laws in respect of any urban authority in pursuance of section 65 Act No. 15 of 2003 s. 70 665 THE LOCAL GOVERNMENT (URBAN AUTHORITIES) ACT [CAP. 288 R.E. 2023] relate to any service or branch of Government for which a Minister other than the Minister responsible, the regulations in question shall be made by the responsible Minister after consultation with the Minister. G. (2) Where, the regulations are to be made in relation OA to which consultations are required in accordance with f n o subsection (1), such consultations shall be signified in writinissg io to have been made by the Minister other than the Mipnei rmster responsible and that consent to their promulgation h t oaus been procured as such. ith d w (3) Every urban authority shall have power tbou t edo any act or thing in relation to any service or matter whiisctr i d h is regulated or provided for by or under any written law r d oor laws for which a Minister other than the Minister respduo cne sible, subject only to compliance by the authority with anpyroe administrative directions or legislative procedures issued boe rr prescribed by the Minister or other competent appropmra y iate authority concerned after consultation with or withbo otkhe general or specific approval of the Minister. his f t art o [s. 64] o p Liability of 67.–(1) Witho.u Nd t prejudice to the provisions of section 284A of members Act No. the Penal sCer voede or of the Public Officers (Recovery of Debts) 6 of 1999 s. 54 Act, ants ra ect or thing done or omitted by any member of an Cap. 16 Cap. 76 urbla h rnig authority shall not, if done or omitted bona fide in the Al eiax. ecution or purported execution of his duties as a member, anz officer, servant or agent, subject any such person to any action, n f T a liability or demand of any kind, subject to subsection (2). t o en (2) Where in any proceeding a question arises respecting rnme the bona fides of any act done in the purported pursuance of v G o the functions of the urban authority, the burden of proving 5 02 that the act in question was done bona fide shall lie on the ©2 person alleging that it was so done. (3) There shall be freedom of speech and debate in any proceedings of the urban authority during council meetings, and such freedom of speech and debate shall not be liable to 666 THE LOCAL GOVERNMENT (URBAN AUTHORITIES) ACT [CAP. 288 R.E. 2023] be questioned in any court or other place outside the council meetings. (4) Notwithstanding the provisions of this section, any member of an urban authority who exercises the powers . Cap. 16 conferred on him by this Act in abuse of the authority of his OAG office, commits an offence and shall be proceeded against in n o f accordance with section 96 of the Penal Code. siois [se.rp m65] t ou B - Powers in Relation to Functions ith ed w Powers of urban 68. For the purposes of the better performance u tr iobf tthe functions authorities conferred upon it by this Act or any other wrr di itsten law, an urban authority shall have power to- d oe (a) construct any new and necess uc odary works in connection r with any of the functions u rne pder this Act; (b) provide for the establiys bh ement, management, layout, planting, swimmingk m a baths, public libraries, museums and other place o bso of public resort, recreation of entertainmentf ftho is o r the use of the public, and to contribute to the copsat r t of maintenance of any parks, gardens, swimminog . N baths, public libraries, museums and other placrevse d of public resort, recreation or entertainment p rreo sevided by persons for the use of the public; (c) htsig provide and maintain appliances for extinguishing ll r A fires, and water-buckets, pipes, fire escapes and other . an ia implements for safety or use in case of fire; nz Ta (d) undertake the abatement of fire and the prevention t o f of the spread of it and for such purposes to enter any en nm premises; er ov (e) design the layout of streets, building areas and other 5 G2 areas, and to provide for and authorise the adoption 0 ©2 of such measures with respect to expropriation or limitation of user, and with respect to the assessment and time of payment of compensation, as the authority may consider necessary or desirable for the purpose 667 THE LOCAL GOVERNMENT (URBAN AUTHORITIES) ACT [CAP. 288 R.E. 2023] of the convenient design and construction of such layouts, save that before any layout is made, the plan or plans of such layout or alteration shall be submitted for the approval of the Minister; . (f) plant trees in any street and to erect tree guards to AG O protect such trees, save that the streets shall not thereby f n o be unduly obstructed; siois (g) with the approval of the Minister, engage in any fo rm prem of municipal trading or industry; ut o (h) with the approval of the Minister, engage in anith w y form of d transport service; te bu (i) provide for the imposition and fixindgis tori f charges to be paid in respect of services rendered do r by the authority; (j) provide for the licensing of budiul cdeing surveyors and for the examination of candidatpersoe for licences or otherwise for ensuring their techni r bceal ability, for the professional conduct of such build min ayg surveyors, for the cancellation of licences in cas ok beos of misconduct and for the scale of fees chargeahbis t l e by licensed building surveyors for services ren f rdt oered; (k) provide foo pr a the establishment and management of a providde. N e nt fund for the benefit of the servants or any classesr v of servant of the authority; (l) sa r e ht ppropriate particular routes, roads and streets to g ll r i the use of public vehicles employed in the transport A ia. services undertaken and conducted by the authority, to n nz a the exclusion of the use of such routes, roads and streets Ta of by other public vehicles plying for passenger hire, save nt e that such appropriation shall not substantially affect ern m to its detriment traffic proceeding to or from places Gov outside the limits of the area of the authority; 02 5 2 (m) provide for the control, management and treatment of © domestic animals; (n) prohibit or regulate the establishment and conduct of markets other than public markets established by the authority; 668 THE LOCAL GOVERNMENT (URBAN AUTHORITIES) ACT [CAP. 288 R.E. 2023] (o) prohibit or regulate the hawking of wares of the erection of stalls on or near any street; (p) provide for the control and management of cinemas, theatres, circuses, dance-halls and places of public . entertainment generally; OAG (q) provide for the care and welfare of the aged and f n o destitute; iss io (r) provide for the control, use and licensing of vephei rmcles other than motor vehicles; ou t (s) provide for the establishment and maint th wei nance of d regional schools; te bu (t) open and operate banking accounts wdiist thri any authorised bankers; or d (u) provide for the construction, dleu caesing, sale and control of houses; proe (v) undertake works and me r b asures for or in connection with any local govern y mm aent purposes. k bo o [s. 66] thi s Power to acquire 69.–(1) Any urban rat ou fthority may, by agreement, and with the land prior approval ofo tph ae Minister, acquire any land or right over or to the use of adn. y N land, within or outside its area of jurisdiction, for the pureprvs oeses of any of its functions. (2) F re tso r the purposes of any of its functions under this Act or al n h rigy other written law, any urban authority may, with the pr. A l ia ior approval of the Minister- n za (a) request the President to exercise the powers to acquire n Cap. 118 f T a land conferred on him under the Land Acquisition Act, o en t in respect of any land whether within or outside the ern m area of its jurisdiction; v G o (b) request the President to exercise the power conferred 250 Cap. 113 on him by the Land Act to revoke a right of occupancy ©2 in respect of the land concerned. (3) Where the President agrees to any request made to him under subsection (2)(a) or (b), the purpose for which the urban authority has made the request shall be deemed to be- 669 THE LOCAL GOVERNMENT (URBAN AUTHORITIES) ACT [CAP. 288 R.E. 2023] (a) a public purpose for the purposes of the Land Cap. 118 Acquisition Act; and (b) good cause for the revocation of a right of occupancy Cap. 113 within the meaning of section 10 the Land Act. . (4) All expenses and compensation incurred in respect of G OA acquisition of any land by the President or the revocation of of n any right of occupancy under this section shall be paid by tihseios President, and the urban authority concerned shall pay ptoe r mthe President the sum as the President may determine, oaun t d the rights in the land so acquired shall be granted to tha th wti authority d on such terms and conditions as the President muateb y determine. i dis tr [s. 67] or Power to let and 70. Subject to this Act and to any oth e ucerd written law in force mortgage land and charge in relation to the acquisition, use porfo dland and disposition of land, a local government authorbeit rye may, with the approval of the Minister- may (a) exchange, let, mort k ogoage or charge any land or premises in its ownershipi so bh r disposition; and t (b) charge rent oorf rt fees in respect of the occupation, use or hire of anoy p asuch land or premises. d. N [s. 68] erv e s Power to accept 71. An ures rban council may accept, hold and administer any gifts gift o ht rigf property for any public purpose, or for the benefit of th. eA llinhabitants of the area or any part of it, and may execute naiaza ny works, including works or maintenance and improvement, Tan incidental or consequential to the exercise of the powers nt of conferred by this section. me rn [s. 69] e Gov 25 Power to contract 72.–(1) Subject to subsection (2), an urban council may enter ©20 into any contract necessary or desirable for the discharge of any of its functions under this Act. (2) An urban authority shall not enter into any contract for supply of goods or materials or the execution of any works Cap. 290 or the provision of any services without complying with the 670 THE LOCAL GOVERNMENT (URBAN AUTHORITIES) ACT [CAP. 288 R.E. 2023] procedure of competitive tendering and other procedures set out in the Local Government Finances Act. (3) Any contract made by an urban authority shall be made in accordance with the standing orders of the authority or, if . no provision in them relates to the making of contracts, in AG O accordance with the directions of the Minister and, in the n o f case of contracts for the supply of goods and materials or fiossr io execution of works to the value of ten thousand shillinpge rsm or more, the standing orders or the directions shall- ut o (a) require that notice of the intention of the itah w uthority d to enter the contract shall be publishebdu t eand tenders invited; ist ri d (b) regulate the manner in which tohr d e notice shall be published and tenders invited; e d ua cnd (c) regulate the manner in weph roich the notice shall be published and tenders g r bive en, but any urban authority may lawfully enter in mt aoy a contract without publishing notice of the inte ok bnotion to enter into it in accordance with the requir te hims ents of its standing orders. (4) A person e f rtn otering into a contract with an urban authority shall noo pt a be bound to enquire whether the entering by the authoedr .i Nty into the intended contract complies with the standisnerg v orders of the urban authority and all contracts e enterehd r ts into by an urban authority, if otherwise valid, shall hav ig lel r full force and obligations of the authority under them, niao. Atwithstanding the standing orders or directions not having an nz been complied with. of Ta [s. 70] nt e Po m ewrner to insure 73. An urban authority may insure against risks of any type. Gov [s. 71] 5 20 2 © Power to write- 74.–(1) Subject to subsection (2), an urban authority may by off arrears of revenue, cash and resolution, authorise the writing off as an irrecoverable debt in stores regard to which no further proceedings need be taken, of any sum due or payable to the authority from or by any person on 671 THE LOCAL GOVERNMENT (URBAN AUTHORITIES) ACT [CAP. 288 R.E. 2023] the ground of the apparent irremediable poverty of that person or for other sufficient cause. (2) A sum shall not be written off by an urban authority as an irrecoverable debt without the prior approval of the Regional . Commissioner, if it exceeds in any one case such amount as AG O may be prescribed by the Regional Commissioner in respect of f n o that authority, or if by so writing it off, the total sum written-o io isffs by that district council in that financial year would exceedp es rmuch amount as may be prescribed by the Regional Commoius t sioner in respect of that district council. with d (3) Subject to subsection (4), an urban autbhuo terity may, by resolution, authorise the writing-off of deficiencdiie i stsr of cash or stores. (4) Deficiency shall not be written-do off r by any authority without the prior approval of the Recgedu ional Commissioner if it exceeds in value any amount pwroe hich may be prescribed by the Regional Commissioner ef r b or that council or if, by so writing it off, the total value moa fy the deficiencies written-off by that authority in that finanoob ckial year would exceed any amount which may be prescr i s tbhie d by the Regional Commissioner in respect of that authrot or fity. (5) Where thoe p aurban council is aggrieved by any of the decisions mad. e N e by the Regional Commissioner under this section it smer vay appeal to the Minister whose decision in the e matterh ts hr all be final. ll r ig [s. 72] A ia. Power to charge n za 75.–(1) Subject to this Act and to any other written law, an fees n f T a urban authority may charge fees for any service or facility nt o e provided by it or for any licence or permit issued by the m ern authority under this Act. ov G (2) Subject to the prior approval of the Regional 02 5 Commissioner, an urban authority may for good cause ©2 authorise the remission of any fees or other charges imposed under the provisions of this Act or any rules or by-laws made by or in respect of the authority under this Act. [s. 73] 672 THE LOCAL GOVERNMENT (URBAN AUTHORITIES) ACT [CAP. 288 R.E. 2023] Duties of Director 76.–(1) Without prejudice to the generality of section 61, a in respect of offences Director shall on receiving information that- Act No. (a) any person in respect of whom the functions of the 6 of 1999 s. 55 authority are exercisable, has committed an offence for . which he may be arrested without a warrant of arrest, AG O order that and forthwith taken before a magistrate of of n court having jurisdiction over that person; or iss io (b) property of any description which has been spteo rmlen, whether within or outside the area of the t ou urban authority, is within that area, cause that prowpit ehrty to be d seized and detained pending the order ofb ut the e magistrate having jurisdiction in the matter and trsidis hall report the seizure and detention to that magisotr d rate. (2) For the purposes of any of the pouwced ers of arrest conferred by this section, a Director shall hepa rvoe and may exercise and perform all the powers and dut ibees r which are by law conferred or imposed upon police officmeay rs. (3) Where a Director ebxoe okrcises the powers conferred on him by this section in abuseth i os f the authority of his office, then, he as Cap. 16 well as any other pe f rtr oson involved in procuring the Director to exercise the powoe pr a in abuse of authority, commits an offence and shall be pr. Ned oceeded against in accordance with section 96 of the Penaelrvs Code. re hts [s. 74] rigll Duty of persons 7ia7. A.–(1) Without prejudice to the generality of section 61 and to appear before n Director za 76, a Director may, in writing, require any person in respect of n f T a whom the functions of the authority are exercisable to appear nt o e before him for any of the purposes of this Act, and it shall be ern m the duty of every person, when so directed, to attend before v G o the Director. 250 (2) A person who, when lawfully required to attend before ©2 the Director pursuant to subsection (1), without reasonable excuse neglects, refuses or fails to attend as and when directed, commits an offence against this Act. 673 THE LOCAL GOVERNMENT (URBAN AUTHORITIES) ACT [CAP. 288 R.E. 2023] (3) A person acting on and in accordance with instructions lawfully given by a Director pursuant to this section shall be deemed to be empowered to do all that may reasonably be necessary to give effect to those instructions. . [s. 75] AG of O Courts 78. The courts which shall have jurisdiction in relation to thseios n area of an urban authority for the purposes of this Act esrmh iall be such competent courts as are or may be establishe t oud pby or under the written law relating to the establishment ith awnd powers of magistrates and other courts of Mainland Tanzteadnia. trib u is [s. 76] or d C - Functions of the City cCedu ouncil Established Subject tporo dSection 8 re Functions of city 79. The Functions of the city cy o beuncil established pursuant to council a Act No. section 8 shall be to- k m 6 of 1999 s. 56 (a) co-ordinate the poob wers and functions of the urban authorities re is f gtharding infrastructure and land use planning; art o (b) prepare Nao c poherent city-wide framework for the purpose of envheda . ncing sustainable development; (c) preoemrs ote co-operation between the city council and, or sa rht mongst local government authorities within the city ll r ig area; A nia . (d) deal with all matters in which there is an a an z interdependency among the urban authorities; f T o (e) support and facilitate the overall functioning and en t m performance of the urban authorities; ve rn (f) provide peace and security and emergency services Go 5 such fire prevention and control, ambulance and police; 022 (g) perform such other functions as may be agreed upon © between the city council and other urban authorities; and 674 THE LOCAL GOVERNMENT (URBAN AUTHORITIES) ACT [CAP. 288 R.E. 2023] (h) perform major functions relating to protocol and ceremonies. [s. 77] . D - Powers of Minister G OA Discharge of duty 80. For the purposes of discharging the responsibility in n o f of Minister under sios section 4 relation to local government imposed on him by sectiomni 4 of this Act, the Minister may, in addition to all other pt po ewr ers conferred on him by or under this Act- tho u i (a) subject to the provisions of any written law ind e wthat behalf, cause modifications to be made in tth t ribe u development plans of any person or body of pedrisr sons engaged in activities connected with or affecetdi ong the development and growth of local governme uc odnt authorities; r (b) seek and secure modifica trei pons in the educational or training and developmy be ent plans of any institution a so as to facilitate thk em proper education and training of manpower fos r o bo the staffing of local government institutions; f th i (c) subject to tahrti o p s Act and to any other written law in that behalf, dNoo . any other act or thing which in his opinion is desirgvne ded to or may further the promotions of efficient a s rnede democratic local government, having regard at all htsig times to the national interests and the interests of the ll r A people of the United Republic. nia . za [s. 78] n Power to enff oT a t o rce 81.–(1) The Minister shall have power to take all measures performnance of functmioens which in his opinion are necessary, desirable or expedient for ernv the enforcement of the performance by every urban authority o 5 G of the functions conferred and the duties imposed on it by 022 this Act, and may, for that purpose, invoke any of the powers © vested in him by the provisions of this Part, subject to the other provisions of this Act or any other written law. (2) Without prejudice to the generality of the discretion of the Minister in the exercise of his power under this section, the 675 THE LOCAL GOVERNMENT (URBAN AUTHORITIES) ACT [CAP. 288 R.E. 2023] Minister shall order an inquiry to be conducted into the affairs of an urban authority before taking any measure of the nature referred to in subsection (1) where- (a) a new scheme proposed by an urban authority and . requiring the approval of the Minister arouses serious AG O local opposition or administrative doubts; of (b) the Minister is not fully convinced that an urbasnio n is authority is conducting all its affairs satisfactorily rm p;e (c) it is necessary that mute disputes or dissatisfactiooun t about local administration be properly and fully ai it rwedh ; or d (d) it is proposed that changes be made in thbeu b teoundaries of an urban authority or authorities or dains tryi area within its jurisdiction, so as to satisfy himsedl fo rt hat there is among the inhabitants of and residendtus c ein the area concerned a general wish, or concurrenpcroe e in the proposal, that the intended boundary varia btei or ns be effected. may [s. 79] oo k b Inquiries relating 82.–(1) Notwithstandinhigs the generality of the powers conferred to performance of t functions on the Minister byr ts oe f ctions 83, 85 and 86, the Minister shall before taking an a oy p measure which is punitive or censorial in nature againsdt. Nan urban authority or any member or officer of it as a c e seor vnsequence upon the failing or being cause to fail to satistfsa rc etorily perform its functions under this Act, cause an inqul rigr hy to be conducted into the matter. . A l ia (2) For the purpose of an inquiry ordered to be conducted za nunder this section, the Minister may appoint a person or a n f T a committee of persons to conduct the inquiry and to report t o en to him the findings of the inquiry, and any such person or rnme committee shall have and exercise such powers and enjoy all ov G rights which are vested in a commission of inquiry constituted 02 5 Cap. 32 under the Commissions of Inquiry Act. ©2 [s. 80] Power to transfer 83. Subject to the following provisions of this Part, where the functions Minister is satisfied, after inquiry under section 82, that any urban 676 THE LOCAL GOVERNMENT (URBAN AUTHORITIES) ACT [CAP. 288 R.E. 2023] authority is unable or has failed to exercise a particular function or all functions conferred upon it by this Act, he may transfer the power to perform that or those functions to such other person or body of persons as he may, by order published in the Gazette, specify. . [s. 81] AG O n o f Expenses in 84. Where any of the functions of an urban authority asrsei o respect of transferred transferred to any person or body of persons under secertmio i n functions 83, the expenses incurred by that person or body of opu te prsons in discharging those functions shall be a debt du wei thfrom the authority concerned to that person or, as the caseu tme d ay be, body of persons. str ib di or [s. 82] d ce Power to dissolve 85.–(1) Where after inquiry, the Mirnodi uster is satisfied that any authority prematurely urban authority has made defauel tr eipn the performance of any Act No. functions conferred or imposye dba upon it by this Act or any 14 of 1999 Sch. other written law for the timk mo e being in force, he may make an order, to be published in bo is the Gazette, declaring the authority to be in default and mayf, th o by the same or any other order- t (a) for the pu par rpose of removing the default, direct the author No di. ty to perform its functions in a manner and witehrvin e such times as may be specified in the order; or (b) st r easnsfer to such person or body of persons as he may igh t r deem fit such of the functions of the authority in default . A ll as may be specified in the order. an ia z (2) Where an urban authority in respect of which an order n Ta has been made under subsection (1)(a), fails to comply with of nt any requirement of the order within the time or times specified me rn for the requirement to be complied with, the Minister may e Gov make an order under subsection (1)(b). 02 5 (3) Where an order made under subsection (1)(a) involves ©2 default in the performance of any or a majority of, or the basic functions of the authority, the Minister may, by the same or a subsequent order, dissolve or suspend the authority for such time as he may think fit, from the performance of its functions 677 THE LOCAL GOVERNMENT (URBAN AUTHORITIES) ACT [CAP. 288 R.E. 2023] as may be specified in the order and, where he dissolves the authority he shall specify a date, being not later than six months from the date of dissolution, for the holding of elections to constitute a new authority, or nomination for re-election. (4) Every order made under this section shall be laid before the AG. O Assembly at its next meeting following the making of the order. n o f (5) A person or body of persons to whom any of tihsse io functions of an urban authority are transferred unde rm pre this section shall, when performing the functions and ino ur t espect of them, be deemed to be that authority for the pwuit rhposes of d this Act, and when so acting, shall have all t te bhue powers and immunities of that authority, including the ptroidis wer of affixing its official seal. d o r uc e d [s. 83] pro Power to dissolve 86.–(1) Without prejudice to thbe e e pr owers conferred upon him councils in default by the preceding provisionsm oayf this Part, where the Minister is satisfied that any urban k o oauthority has failed to comply with any of the provisions o b hifs this Act or any other written law, or t has conducted its artff oa f irs in a manner incompatible with any of the provisionso po af this Act or any other written law, whether or not such fadi. l Nure or such conduct amounts to default by the authority i e senr v the performance of any function conferred or imposed r ets upon the authority by or under this Act or any other writl triegn h law, he may, by order published in the Gazette, dissolve l tiah. e A authority, and may, by the same or a subsequent order, za ntransfer to such person or body of persons as he may think fit Tan f all or any of the functions of the authority so dissolved. nt o e (2) A person or body of persons to whom any of the ern m functions of any urban authority have been transferred under ov G subsection (1) shall, when performing those functions and 250 in respect of them, be deemed to be that authority for the ©2 purposes of this Act and when so acting shall have all the powers and immunities of that authority, including the power of affixing its official seal. 678 THE LOCAL GOVERNMENT (URBAN AUTHORITIES) ACT [CAP. 288 R.E. 2023] (3) An order made under this section dissolving an urban authority shall not have effect so as to invalidate any act, matter or things validly done or omitted to be done by the authority or by any person or body of persons on its behalf and . every licence, registration or permit lawfully issued, made or G OA granted by the authority or by any person or body of persons n o f on its behalf and still in force on the date of dissolution of t io ihsse authority shall continue in force for the period specifipeed rm in the licence, registration or permit unless it is sooner olua t wfully surrendered, forfeited, suspended, revoked or canc ewlitlhed. ted bu [s. 84] i ist r Power to dissolve councils pending 87.–(1) Without prejudice to the power so r odf the Minister to General Election dissolve councils stipulated in section u8c5e d and 86, the Minister Act No. 17 of 2010 s. 38 shall have powers to dissolve councpirlos d at the end of the tenure of the councils, by notice publisbh e ee rd in the Gazette, seven days before the President dissolv y mesa the Parliament in the year to which the General Electioon ok is to be held. (2) Following dissohlius tbion of the councils, the committees t of the councils shallo fr rt emain suspended pending the General Election and thoe p aaffairs of the council shall be under the Director as a N dC. hairman while all heads of departments shall be memberers sv eof the committees. (3) I re tsn the discharge of duties, and in the exercise of powers undl erirg h this section, the Director shall not initiate new projects l o A nia r. investments and shall not be allowed to make change or za alter any project or investments approved by the councils, an f T prior to dissolution. t o men [s. 84A] ern oDvelegation 88.–(1) The Minister may, by notice published in the Gazette, 5 Gof powers of 02 Minister depute any person by name or by office to exercise or perform ©2 on his behalf, subject to such conditions, exceptions, and qualifications as may be specified in the notice, any of the powers and duties conferred upon him with respect to urban authorities which he may specify, other than the power 679 THE LOCAL GOVERNMENT (URBAN AUTHORITIES) ACT [CAP. 288 R.E. 2023] conferred by section 4, the power to establish authorities, the power to make any rules or regulations, or give directions to authorities and the power to dissolve authorities, and upon such delegation or from the date specified in the notice, the . delegate may exercise those powers and discharge the duties, AG subject to the said conditions, exceptions or qualifications. of O n (2) The Minister may similarly revoke any such notice ansdiois may exercise any powers or discharge any duties confpee rmred upon him by this Act notwithstanding the delegationo ub t y him of those powers or duties. with ted bu [s. 85] ri ist Supply of 89.–(1) It shall be the duty of every urban oar udthority to furnish information the Minister and the Regional Commisuscieo dner with information Act No. 13 of 2006 s. 21 as he may require in relation to his furondp ctions under this Act. (2) The urban authority shall eh ra e b ve the duty to prepare and Cap. 97 submit quarterly to the Reg y miaonal Commissioner a progress report of its implementa k otioon of development plans or such other report as may beh r b ise quired by the District Commissioner t and Regional Comm f rt oissioner in relation to his functions under the Regional Ad a om pinistration Act. d. N [s. 86] e erv Powers of 90. In rse s relation to the exercise of powers and performance of Regional ht and District func rtigions of local government authorities conferred by this Commissioner AcAtll. , the role of the Regional Commissioner and of the District Act No. nia 6 of 1999 s. 57 za commissioners shall be to investigate the legality when questioned n of Ta of actions and decisions of local government authorities within nt their areas of jurisdiction and to inform the Minister or take e rnm such other appropriate action as may be required. ve [s. 87] 5 G o 20 2 © PART VI LEGISLATIVE POWERS Regulations 91.–(1) The Minister may make regulations for better carrying Act No. 17 of 2009 s. 14 out of the provision and purposes of this Act. 680 THE LOCAL GOVERNMENT (URBAN AUTHORITIES) ACT [CAP. 288 R.E. 2023] (2) Without prejudice to the generality of subsection (1), the Minister may make regulations prescribing the procedure for the election of- (a) the Chairman and members of Village Council; . (b) the Chairman and members of Mtaa Committee; and OAG (c) the Chairman of Kitongoji. of ion[s. 87Aiss] erm Delegation 92. The legislative authority in relation to all matters andut t phings of legislative o authority within the area of each urban authority is delegawtit ehd to the urban authority concerned, and shall be exerciseudte din respect of any matter or thing in accordance with the ipstrr iob visions of this Part and subject always to the provision d so rof any written law relevant to that matter or thing. ce d du pro [s. 88] e r e Power of urban 93.–(1) Every urban authorityy mba ay, subject to the consent of authorities to make by-laws the Minister, make by-laws kf o omr the carrying into effect and for the purposes of any funisc bt oion conferred on it by virtue of this Act or any other writtf eth o n law. t (2) Any by-la r wpa made by an urban authority under this section shall db o . eN read and construed subject to this Act and to any otheervr e written law, and nothing in this Act shall be deemeds rt eos empower any urban authority to make any by-law over r-igr hitding or derogating from or inconsistent with any other wrAiltl. ten law in force in the United Republic in relation to the nia nz a area of that urban authority. Ta (3) By-laws made under this section may be made to apply of nt to the whole of the area of jurisdiction of an urban authority e rnm of any part of it, and the power to make by-laws conferred by ov e this section shall include power to make different by-laws in 5 G 02 respect of different parts of the area of jurisdiction of an urban ©2 authority. [s. 89] 681 THE LOCAL GOVERNMENT (URBAN AUTHORITIES) ACT [CAP. 288 R.E. 2023] Procedure where 94.–(1) Subject to the following provisions of this section urban authority makes by-laws where urban authority proposes to make any by-laws, it shall, Act No. at least two weeks before the meeting of the authority, at 6 of 1999 s. 58 which it is proposed to consider the by-laws, give notice to the . inhabitants of the area of its jurisdiction of its intention, in such OAG manner as may most probably bring the notice to the attention of n of all persons likely to be affected by the by-laws indicating tihsse io precise purport of the by-laws proposed, and calling uppoen rm all interested persons within the area to lodge any objecotui to ns or representations in writing with the authority within isth w uch time d as may be prescribed. uteb (2) Where upon the expiration of the ndios ttriice, or not less than three days before the authority’s md eoe r ting at which it is intended to consider the proposed bdy e u-claws, no objections or representations are received, or no ep reorson raising an objection satisfies the council that there bise rno need for the by-laws to be made, the authority shalla y m proceed to make the by-laws proposed, taking into acc k bo ount any other kind of objections or representations made. is th (3) After any by- olfrt aw has been made or amended by the authority, the byo- lpa aw or amendment shall be submitted for the approval of tehde . NMinister, together with- (a) a csoepr vy of the minutes of the meeting of the authority at re htswhich the by-law or amendment was adopted; ( ig llb r ) a certificate by the Director that the preceding A ia. provisions of this section have been complied with; n nz a (c) copies of any objections against the adoption of the Ta of by-law, by-laws or amendment which may have been en t lodged in writing with the authority, or, if none have ern m been lodged, a statement to that effect. ov G (4) Where any objection has been lodged and has not been 02 5 2 withdrawn, the Minister may approve, alter or reject any by-law © or amendment and consent to the by-law or amendment so submitted to him. (5) Upon approval being given by the Minister to any by-law or amendment, with or without alteration pursuant to 682 THE LOCAL GOVERNMENT (URBAN AUTHORITIES) ACT [CAP. 288 R.E. 2023] subsection (4), the by-law or amendment shall be published in the Gazette, and shall have full force of law within the area of the urban authority from the date of publication or the date of commencement specified in the by-law or amendment. . [s. 90] AG of O n Power of Minister 95. Where in the opinion of the Minister, it is necessary osrio to make uniform s by-laws desirable, for purposes of the better development and fosteerrmin i g of the system of local government in urban authorities,u to t phat- (a) a certain by-law not involving any local varith w iation be made by or in respect of all urban authoritetdu ies; or (b) uniform by-laws regarding a specific sutrbibis ject or subjects is or are needed for all authorities o orr ad category of them, he may, subject to section 95, make the reeduc quired by-laws which shall come into operation upon pupbroli dcation in the Gazette or on such date as may be specifiedbe irne the by-laws. y ma [s. 91] k o Procedure where 96.–(1) By-laws shall niso bt o be made by the Minister pursuant Minister makes uniform by-laws to section 93 unless otf hthe provisions of this section have been t complied with. pa r (2) Whered o . Nthe Minister proposes to invoke the power conferred beyrv esection 94 to make uniform by-laws in respect of all or a catse gr eosry of urban authorities, he shall, at least two months befo rrige h tmaking the by-laws by notice published in the Gazette an. Ad ll in any national newspaper or any newspaper circulating in ntiaza he area of the urban authorities or category of urban authorities n Ta proposed to be made, give notice of his intention, indicating the of nt precise purport of the intended by-laws, and shall call upon all e rnm interested authorities affected, and persons within the area of ov e jurisdiction of those urban authorities, to lodge any objections G 02 5 in writing with him in a manner and within such time as may ©2 be prescribed, and an urban authority may request that it be permitted to appear and be heard by the Minister. (3) Every urban authority which lodges an objection pursuant to subsection (2) shall, on request made to the 683 THE LOCAL GOVERNMENT (URBAN AUTHORITIES) ACT [CAP. 288 R.E. 2023] Minister, be entitled to appear, by representatives, before the Minister and make representations further clarifying its objections, and the Minister shall not make or apply the proposed by-laws to any authority if its objections are upheld . by him or until after the reasons for the rejection of any of AG O its objections have been furnished in writing to that urban n o f authority or its representative. io iss (4) Where upon the expiration of the notice, no objecpet rimons or representations have been received from any aouut t hority or any authority in the category of the urban aiuth w thorities d concerned, or no urban authority raising an ob t bjeucetion satisfies the Minister that special provision should ibstd eri made for that authority in the proposed by-laws or that di to rs hould be excluded from the application or any of their prcedu ovisions, the Minister shall proceed to make the by-lawesp roas intended, which shall come into operation upon pub r lbiecation in the Gazette or on a date specified in the by-laws.m ay k bo o [s. 92] thi s By-laws may 97.–(1) Any by-law f rt os made under this Part may prescribe impose special conditions reasonable fees, oc ph aarges and tariffs in relation to any act to be done or any lidc. e Nnce, permit or other instrument or document granted or irvsese sued under them, and may require acts or things to be pse rt reformed or done to the satisfaction of a prescribed persl orign h, and may empower a prescribed person to issue orders l tiao. Aany other person requiring acts or things to be performed n za or done, imposing conditions and prescribing periods and n f T a dates upon, within or before which such acts or things shall be t o en performed or done or the conditions shall be fulfilled. rnme (2) Any by-law made under this Act may confer upon Gov an urban authority, and its officers or employees powers of 5 02 inspection, inquiry and execution of works as may be reasonably ©2 necessary for the proper carrying out of its enforcement. [s. 93] 684 THE LOCAL GOVERNMENT (URBAN AUTHORITIES) ACT [CAP. 288 R.E. 2023] By-laws 98.–(1) Without prejudice to the generality of the power of regulating building in urban authorities to make by-laws, an urban authority may make authorities by-laws for the control, under permit or otherwise, of the Act No. 3 of 2011 s. 38 construction of buildings and other structures and of the . execution of work on existing buildings and structures and OAG may by such by-laws, prescribe the conditions subject to which of n the construction of buildings and other structures and tihsse io execution of work on existing buildings and structuresp, em rmay be undertaken and carried out. ou t (2) In pursuance of subsection (1), an urban authitoh w rity may d make by-laws- te bu (a) for the making and maintenance of pda ri isst sages, lanes and roads for the purpose of giving acdc oe rs s to premises; (b) for the space about new buildi e dnug c s and buildings which are to be extended or alteepr reod, so as to ensure free circulation of air; be r (c) for building lines and m t ahye layout of buildings; (d) for the level of the gorkbo ound floor of buildings; (e) for the lighting t ha isn d ventilation of buildings, the height of buildings a onfrt d the dimension of rooms and corridors; (f) for reducoi np ag the risk of fire in buildings and ensuring suffic . N eiednt means of exit from new or extended or altered busieldr vings in the event of fire; re(g) htspreventing the construction of buildings and other rigll structures which would be a disfigurement to the . Aia urban area or neighbourhood or not be in keeping with an nz the architectural character of the neighbourhood and f T a o the execution of any work which would tend to make t en existing buildings and structures a disfigurement to the m ern area or neighbourhood or not be in keeping with the Gov architectural character of the neighbourhood; 02 5 2 (h) respecting the repair and renovation of buildings and © other structures, and compelling necessary repairs and renovations to buildings and other structures to be carried out; 685 THE LOCAL GOVERNMENT (URBAN AUTHORITIES) ACT [CAP. 288 R.E. 2023] (i) for the certification of dwelling-houses as having been constructed in accordance with the requirements of by- laws made under this section as condition precedent to the habitation; . (j) respecting the construction of hoardings and similar G OA structures and temporary buildings; f n o (k) for the use of proper buildings, scaffolding, hoardinisgs i,o machinery and appliances in connection withpe rmthe construction, extension, alteration, repaoiur t and renovation of buildings and other structures;ith d w (l) prescribing the conditions to be satisfieudteb by a site for any building or for any class of buildi ri dins tg; (m) respecting the provision of sanitadr oy r arrangements and conveniences of or in connect ce diuon with new, extended or altered buildings; pro (n) for cutting into, laying re boepen and pulling down any work suspected to ha v y mea been executed in contravention of any by-law ma ok bdoe under this section or any permit granted under tahn isy such by-law; (o) for the desigrt no fations of streets as residential streets or shoppingo ps atreets or business streets, and prescribing speciaedl . Nrequirements to be satisfied by buildings con rv sestructed; e (p)h tsf or r the drainage of streets, lands, compounds and new ig ll r buildings; . Aia (q) respecting the level, width and construction of streets; an nz (r) regulating or prohibiting the construction of wells; Ta of (s) respecting the period of duration of any permit en t provided for under any regulations made under ern m this section and the extension of period, and for the Gov revocation of permit if the construction of the building 5 20 2 or execution of the work to which it relates is not begun © within a time specified in such permit; (t) for the refusal of a permit to an applicant who has not completed a building or any work under a permit previously granted to him; 686 THE LOCAL GOVERNMENT (URBAN AUTHORITIES) ACT [CAP. 288 R.E. 2023] (u) prescribing the forms to be used; (v) prescribing the fees to be paid in respect of any matter or thing prescribed by by-laws made under this section; and . (w) for matters connected with or incidental to the AG O preceding matters. n o f (3) The authority may further provide provisions as it miassy io think necessary to the giving of notices, as to the depopse rimt of loans, sections and specifications and other particuoul ta rs by persons intending to lay out streets or to constru it wcth, extend, d alter, repair and renovate buildings, for inspecbtuio ten by officers in the manner as the provisions may spdeisc tirify and for the maintenance of building agents on the siteors d of works, and the keeping of proper plans. ce du (4) The by-laws may be made wprioe th respect to the area of the authority generally, or wit hbe rrespect to particular areas, buildings or works in the are ma a oy f the urban authority. (5) For the purposes ofb toh oke exercise of powers of the authority stipulated in subsecti othn is s (1), (2) and (3), a reference to the authority in relatiornt o fto areas on which the derivative rights were acquired fo a o rp the development of the Export Processing Zones and Spde. N e cial Economic Zones shall imply reference of Export Prsoecr vessing Zones Authority. rets [s. 94] rig h ll Evidence of by- 99. Aia .–(1) Subject to subsection (2), a copy of a by-law purporting laws made by anurban authoritiesz to be made by an urban authority upon which is endorsed a n f T a certificate purporting to be signed by the Chairman or other t o en officer of the authority authorised by the urban authority in ern m that behalf, stating- v G o (a) that the by-law was made and published by the urban 02 5 authority in the manner required by this Act; ©2 (b) that the copy is a true copy of the by-law; (c) that on a specified date the by-law was duly approved by the Minister and came into operation on a specified date, 687 THE LOCAL GOVERNMENT (URBAN AUTHORITIES) ACT [CAP. 288 R.E. 2023] shall be admitted in evidence in any court without further proof, and the certificate shall be evidence of the facts stated in it without further proof, and without proof of the handwriting or official position of the person purporting to . sign the certificate. AG O (2) This section shall not be construed as derogating from n o f Cap. 6 any provisions of the Evidence Act operating to permit a couisrst io to take cognisance of any by-laws without its due making berming established by adduction of evidence. ut pe tho d w i [s. 95] uteb Copy of by-laws 100.–(1) A copy of every by-law made in accotrriis dance with this to be deposited at offices of urban Part shall be kept at the office of the urban ra d o uthority by whom authorities it was made in relation to which it is appcedu licable, and shall at all reasonable times be open to inspecprtoi don by the public free of charge, and a copy of it may be fuber nreished on application, to any person affected by it on paymmaeyn t of such sum as the authority may determine. ok o (2) An urban autho b hrisity shall send a copy of every by-law t made by it to ever yofrt person or body of persons exercising jurisdiction in toh pe a area of the authority and to every ward committee to dw. Nhich the by-laws applies. (3) A p r seerveson, body of persons or ward committee which receivess r e t a copy of a by-law under this section shall deposit it at its ol ffirig hces and the copy so deposited shall be open to inspection l biay. A the public free of charge. n za [s. 96] n f T a Penaltiesn tf o or 101.–(1) An urban authority may, in the by-laws it makes, breacmh eof by-laws Actrsn Nos. annex to the breach of any by-law or any order made under o6v o ef 1999 s. 59 it a fine, not exceeding three hundred thousand shillings or a 5 G4 of 2019 s. 4 02 term of imprisonment not exceeding twelve months or both ©2 and may subject to the limitations, annex different fines and different terms of imprisonment for successive or continuous breaches of any by-law. (2) Where any person is convicted of failing to comply with, or contravening, any conditions subject to which a licence or 688 THE LOCAL GOVERNMENT (URBAN AUTHORITIES) ACT [CAP. 288 R.E. 2023] permit has been granted to him under the provisions of any by-law made under the provisions of this Act, the court may, in addition to, or in substitution for, any penalty prescribed by that by-law, cancel the licence or permit in respect of which the . offence has been committed. OAG (3) Any by-law may provide that in addition to any penalty, n o f any expense incurred by the urban authority in consequen io iscse of any breach of that by-law or in the execution of any wermp ork directed by that by-law to be executed by him shall t obu e paid by the person committing the breach of failing to exithw ecute the d work and may be recoverable summarily as a civutb iel debt. (4) The Director may, where he is satisfiedd r ist t i hat any person has committed an offence under any by-lda ow r s made under this Act, by order under his hand compou ce dund offence by requiring such person to make payment of a espu rom of money: Provided that- r be (a) such sum of money shalaly m not be more than the maximum fine provided forb os oukch offence and the whole of the amount of any lheis t vy or penalty due from such person; (b) the power crto on f ferred by this subsection shall only be exercisedo pw ahere the person admits in writing that he has com. Ned mitted the offence; (c) these r vDirector shall give to the person from whom re htshe receives such sum of money an official receipt g ll r i therefor. . Aia [s. 97] an nz of Ta PART VII en t m PROVISIONS RELATING TO ve rn o LEGAL PROCEEDINGS 5 G 20 2 © Offences 102. Where any matter or thing is directed or prohibited to be done by or under this Act, or where any authority is given by this Act to any person to direct or prohibit anything or matter to be done, then if the act or thing directed to be done remains undone or if the prohibited act or thing is done, every person 689 THE LOCAL GOVERNMENT (URBAN AUTHORITIES) ACT [CAP. 288 R.E. 2023] offending against the direction or prohibition shall in every such case be committing an offence against this Act or, as the case may be, the subsidiary legislation made under it. [s. 98] . AG Powers of entry 103. Subject to this Act, any officer or employee of an urban f O o authority duly authorised in that behalf, may, at all reasonablseios n times, enter into or upon any land, building, premises or veermssi el within the area of the authority for the purposes carroyitn pu g out any inspection, inquiry or the execution of works uith w nder the provisions of this Act or any by-law, regulationu, ter dule or order made by or for the authority. ib dis tr d o r [s. 99] ce Powers of arrest 104.–(1) Subject to subsection (3), anroyd upolice officer may arrest without warrant any person who ep e cr ommits any offence against this Act or any by-law or otahye br subsidiary legislation made under it and any Director o m ork Ward Executive Officer may arrest without warrant any peirs sbo on who in his presence, commits an offence against any b oyf- thlaw made by an urban authority. (2) Subject to thaer t p provisions of subsection (3), any officer or employee of anN uod. rban authority in uniform and authorised in writing for e e trhv e purpose by a Regional or District Commissioner, may arrs er esst without warrant any person who in his presence com rm hitig ts any offence against any by-law of an urban authority m ll . aAde under this Act, and may, subject to the directions of the za nRiaegional or District Commissioner in question, detain that n Ta person as it may be reasonably necessary to deliver him before t o f n a court to be dealt with according to law. me rn (3) The powers conferred by subsections (1) and (2) shall e ov only be exercised if the person proposing to arrest or detain 5 G 02 any person has reasonable grounds for believing that that ©2 person will not attend a court in response to any process issued against him. [s. 100] 690 THE LOCAL GOVERNMENT (URBAN AUTHORITIES) ACT [CAP. 288 R.E. 2023] Offence to 105. A person who- obstruct Act No. (a) wilfully obstructs any member of an urban authority or 6 of 1999 s. 60 any of its officers or employees in the execution of his duty; . (b) being the occupier of any premises, prevents the owner OAG of the premises, his agent or the person receiving of n rent for the premises from complying with any of tihsse io requirements of the authority; ermp (c) being the occupier of any premises, on demandou r t efuses or willfully omits to disclose or wilfully m iwsi tshtates the d name of the owner of the premises, hbisu t eagent or the person receiving rent for the premisedsis, tri commits an offence and on conviction, sdh oa rl l be liable to a fine not exceeding fifty thousand shillingsd uo cer to imprisonment for a term not exceeding three monthsp re oor to both. r be [s. 101] may Penalty for 106.–(1) A person who- ok unqualified o person sitting or (a) having been elecs tbhi ed or appointed as a member of an t voting urban autho f rtr oity but not having been, at the time when Act No. 6 of 1999 s. 61 he was eloe pc ated or appointed, qualified to be so elected or appo. iNnted, sits or votes in the authority; or (b) sits ed se ro vr votes in an authority after his seat has become sv rt aecant or he has become disqualified from sitting or igh voting in it, All r kian. owing or having reasonable grounds for knowing, that he n za was so disqualified, or that his seat has become vacant, as the n f T a case may be, shall be liable to a penalty not exceeding fifty t o en thousand shillings for every day upon which he so sits or rnme votes. ov G (2) Such penalty shall be recoverable by action at the suit by 02 5 the urban authority concerned. ©2 (3) The provisions of this section shall not apply in the case of any disqualification from voting arising under the 691 THE LOCAL GOVERNMENT (URBAN AUTHORITIES) ACT [CAP. 288 R.E. 2023] provisions of this Act regarding duty of members not interested in contracts. [s. 102] General penalty 107. A person who commits any offence against the provisions AG. Act No. 6 of 1999 s. 62 of this Act for every such offence, on conviction shall be liable O of to the penalty expressly prescribed by this Act and, if no sucshios n penalty is prescribed, to a fine not exceeding fifty thouesramni d shillings or to imprisonment for a term not exceedinoug t pthree months or to both. ith d wte [s. 103] trib u s Books to be 108. The books and register of any urbr do ain authority and prima facie evidence of sums any extracts from them certified by th ceed Chairman or other due officer authorised in that behalf by trohde u authority shall, in any proceeding for the recovery of aney r eapmount alleged to be due to the authority, be prima facie evayi d bence of the amounts so due. k mo [s. 104] o is b Contravention 109. Where any offenf thce against any provision of this Act is by company or o partnership committed by a pac rto mpany or partnership, every director, manager, secre o . tNary or other person having the management or control, in Mrve dainland Tanzania, of the business or property in the case oref s ea company, and every such person and each partner in thigeh tscase of a partnership, shall severally be liable to be pr. oA lsl recuted and punished for the offence in like manner as if he nhiaa ad himself committed the offence, unless the act or omission nz Ta constituting the offence took place without his knowledge, of t consent or connivance, but nothing in this section shall be en nm deemed to exempt from liability any other person committing er ov any such offence. 5 G2 [s. 105] 0 ©2 Notice of suits 110.–(1) A suit shall not be commenced against an urban Act No. 1 of 2020 s. 33 authority- 692 THE LOCAL GOVERNMENT (URBAN AUTHORITIES) ACT [CAP. 288 R.E. 2023] (a) unless a ninety days’ notice of intention to sue has been served upon the urban authority and a copy thereof to the Attorney General and the Solicitor General; and (b) upon the lapse of the ninety days period for which the . notice of intention to sue relates. OAG (2) The notice served under this section shall state the cause of n of action, the name and place of abode of the intending plaintisiffs io and the relief which he claims. rm t p e ou[s. 106] with Limitation of 111. Nothing in this Act shall prejudice the rightte dof an urban suits against u authorities authority to rely upon any written law relatingis ttr iob the limitation of time for bringing proceedings. d or ce d u [s. 107] rod Appearance in 112.–(1) Save as is otherwise exp p e r eessly provided, appearance court Act No. by or on behalf of an urban ya ba uthority in any civil case or 4 of 2005 s. 32 matter in which an urban m oakuthority is a party, shall be made by a solicitor authorisedis bin o that behalf by a local Government Authority. f th t o (2) The Directorar p of Public Prosecutions may delegate to any Cap. 2 solicitor powedr. Ns oto prosecute as stipulated in the Constitution Cap. 20 of the Uneirvt eed Republic of Tanzania, 1977, the Criminal Procedu res es Act or any other written law. (3 ht ri)g Notwithstanding the provisions of subsection (1), where a ll . lAocal government authority has not employed or engaged a ans ia z olicitor or where, with respect to any proceedings in court an T to which a local government authority is a party, that local of nt government authority may be represented by any Law Officer, e rnm a State Attorney or a legal officer authorised in that behalf by e ov the local government authority. 5 G 02 [s. 107A] ©2 Mode of service 113.–(1) Subject to subsection (2), the notice referred to in on authority section 110 and any summons, notice or other documents required or authorised to be served on an authority shall be served by delivering it to, or by sending it by registered post 693 THE LOCAL GOVERNMENT (URBAN AUTHORITIES) ACT [CAP. 288 R.E. 2023] addressed to the Chairman or the Chief Executive Officer of the authority at the principal office of that authority. (2) The court may with regard to any particular suit or document order service on the authority to be effected . otherwise, and in that case service shall be effected in OAG accordance with the terms of the order. of [s. 108s]io n is erm Appearance of 114. Subject to general instruction given by the A p uttt orney authority in legal ith o proceedings General, in any prosecution by or on behalf of w an urban Cap. 341 authority in any court, and in any civil case outre dmatter in a court in which an authority is a party, the a ib isutr thority may be represented by any officer or employee odr duly authorised in that behalf by the authority, notwithstuacne dding that that officer or employee is not an advocate wirothdp in the meaning of the Advocates Act. e r e y b ma [s. 109] ok Trial of persons 115. Save as is otherwise b i se x opressly provided, any person accused of an offence against tohf this Act or any subsidiary legislation made t under it may be t riaerp d by any court of competent jurisdiction. No d. [s. 110] rve Preservation of 116. A creo sue rt shall not be precluded from trying an offence jurisdiction of courts undeirh t ts g his Act by `reason only that the offence, if committed, wasll r. A a breach of an order, resolution, by-law or rule issued or nmiaa ade by a member or members of the courts as a member or nz Ta members of any urban authority or by reason only of the fact t o f that the proceedings have been instituted by or on behalf of n nm e any member or officer of or agent for an authority. r ov e [s. 111] 5 G 20 2 © Appeals 117. All appeals by or against an urban authority shall, depending on the court of original jurisdiction in any particular matter, be brought before and heard by a competent court exercising appellate jurisdiction. [s. 112] 694 THE LOCAL GOVERNMENT (URBAN AUTHORITIES) ACT [CAP. 288 R.E. 2023] Description of 118. Wherever in any criminal process or proceeding it is property necessary to refer to the ownership or description of property belonging to or under the management of an urban authority, the property may be described as the property of the authority. . [s. 113] OAG of Burden of 119. Where, for any purpose or in any proceeding under thissio n proof as to who s occupier is Act, a question arises as to whether any person is or is noet mt i r he occupier of any tenement or building, the burden of proou to pf that such person is not the occupier of the tenement owrit hbuilding shall be on the person who alleges that that perusteo dn is not the occupier, and that person shall be deemed to rib ist be the occupier unless the contrary is shown. r d ed o du c [s. 114] ro Name of authority 120. In any proceedings instituted r ee bpy or on behalf of an urban need not be proved authority it shall not be necessaayr by to prove the corporate name or name of the authority or kt mo he constitution or the limits of its area. s b o thi of [s. 115] art p Service of notice 121.–(1) Subje. Nc ot to this section, any notice, order or other by authority document rreveq duired or authorised by this or any other Act to be served by e re sor on behalf of an urban authority or by an officer of the auhthtsig ority, on any person shall be deemed to be duly served- ll r . A(a) where the person to be served is a company, if the niaa document is addressed to the secretary of the company nz Ta at its registered office or at its principal office or place f t o of business, and is either- en nm (i) sent by registered post; or ve r o (ii) delivered at the registered office, or at the principal 5 G2 office or place of business, of the company; ©20 (b) where the person to be served is a partnership, if the document is addressed to the partnership at its principal place of business, identifying it by the name 695 THE LOCAL GOVERNMENT (URBAN AUTHORITIES) ACT [CAP. 288 R.E. 2023] or the style under which its business is carried on, and is either- (i) sent by registered post; (ii) delivered at that office; or . (c) where the person to be served is a public body, an urban G OA authority, or a corporation, society or other body, if the f n o document is addressed to the Chief Executive Officesri,ois president, secretary, treasurer or other principal opeffi rmcer of that body or authority, corporation or socieouty t at its principal office and is either- with d (i) sent by registered post; or te bu (ii) delivered at that office; or ri dis t (d) in any other case, if the documd eo rn t is addressed to the person to be served, and c dius eeither sent to him by registered post or delivered ro e pat his residence or place of business. r be (2) Any document which y m ais required or authorised to be served on the owner or oob okccupier of any premises may be addressed “the owner”h iso t r “the occupier”, as the case may be, of those premises,r t no faming them, without further name or description, ando s ph aall be deemed to be duly served where- (a) the d . eodc Nument so addressed is sent or delivered in accseor vrdance with subsection (1)(d); or e (b) htsth r e document so addressed or a copy of it so addressed l ri g l is affixed to some conspicuous part of the premises. a. A i (3) Where a document is served on a partnership in an nz accordance with this section, the document shall be deemed of Ta to have been served on each partner. nt e (4) For the purposes of enabling any document to be served ern m on the owner of any premises, his agent or the person for the v G o time being receiving rent for the premises, the urban authority 25 20 may require the occupier of the premises to state the name and © address of the owner, his agent or the person receiving rent for the premises. [s. 116] 696 THE LOCAL GOVERNMENT (URBAN AUTHORITIES) ACT [CAP. 288 R.E. 2023] Authentication 122.–(1) Subject to the provisions of this Act, every by-law, and execution of documents order, notice or other document requiring authentication by an urban authority shall be deemed to be sufficiently authenticated without the seal of the authority if signed by two . members of the authority or by the chief executive officer of AG O the authority or by any officer of the authority duly authorised f ion o in that behalf by any resolution of the authority, save that tihsse authority shall cause at least one copy of every by-law mapde rem by it to be authenticated by the official seal of the authoorui tt y and deposited in the offices of the authority. ith d w (2) Every instrument and deed shall be exueteb cuted by an urban authority under its official seal and tri di sany contract or other document shall be deemed to be dud loy r executed by or on behalf of an authority if signed by thedu C cehairman or the Vice- Chairman and by an officer of the aeup rtohority duly authorised in that behalf by a resolution of the ea r b uthority. (3) Any document purp y mo arting to be a document duly authenticated or executeodo k b by or on behalf of an urban authority shall, unless is tthhe contrary is proved, be deemed to be a document so exec f rtu oted or authenticated. o p a [s. 117] d. N Publication of 123.–(1) Seurv e s bject to subsection (2), and save as otherwise notices expresssly r e t provided in this Act or any other written law, the publl riigc hation of any by-law, order, notice or other document l rae. i qAuired by this Act to be published shall be deemed to be duly n nz a made- a f T (a) if it is published in the Gazette; or t o en (b) if it is fixed for a reasonable time in some conspicuous ern m place on or near the outer door of the office of the ov G authority during office hours or is made known in 02 5 such other manner as is customary in the area of the ©2 authority. 697 THE LOCAL GOVERNMENT (URBAN AUTHORITIES) ACT [CAP. 288 R.E. 2023] (2) This section shall not be construed as authorising the publication of any rules or regulations made under this Act otherwise than in the Gazette. [s. 118] . AG Code of conduct 124. The Minister may, by regulations published in the Gazette, O of Act No. 6 of 1999 s. 63 establish a code of conduct for members of urban authorities.i on [s. iss e1rm19] t pu Protection 125. Where any decree or order is granted or obtaineithdo against of assets and properties of the Urban Council, no execution or attachment odr wte process of Council that nature shall be issued against the propertyi boustr f the Council, Act No. 13 of 2006 s. 22 except that the Urban Council Director dsior hall cause to be paid out of the revenue of the Councicle ds uch amount as may by judgment or order be awarded agdauro inst the Council to the person entitled to it. rep be ay [s. 109B] k mo s bi PoART VIII th MISCE f rtL oLANEOUS PROVISIONS o p a Repeals N Acts Nos. 126. [Repealsd .the Urban Councils (Interim Provisions) Act; e 10 of 1976 the Urban rv s eWards (Administration) Act and the Municipalities 11 of 1978 Ordinan rceOrd. No. hts e]. 29 of 1946 rigl [s. 120] l a. A Savings i za n127. Notwithstanding the repeal of the written laws specified n Ta in section 126, and unless there is, in any particular case, in ofnt this Act any express provision to the contrary- me Actr Nn o. (a) no right, obligation or other entitlement of any person 2v7e of 1972 o or body which was extinguished by the enactment and G 02 5 application of the Decentralisation of Government ©2 Administration (Interim Provisions) Act shall be revived for the reason only of the establishment by this Act of an urban authority by the name or style of Act No. an authority previously existing in the area formerly 27 of 1972 698 THE LOCAL GOVERNMENT (URBAN AUTHORITIES) ACT [CAP. 288 R.E. 2023] of the authority dissolved by the Decentralisation of Government Administration (Interim Provisions) Act; (b) all officers and staff appointed to hold offices under any of the laws repealed and whose appointments are . in force immediately before the commencement of this AG O Act shall, unless their offices are abolished by virtue of of n this Act or until the appointments are terminated iossr io new officers are appointed in their places, continpue rem to serve in those offices and shall, for that purpuot o se, be deemed to be serving in those offices in pu wri tshuance of d this Act; bu te (c) all licences, permits, authorisatdiios tnri s and other instruments or documents gran r dt oed or given by an urban council shall, so long as ce d uthey subsist on the date of commencement of this ro e pAct, remain effective and in force until they expire, r b cease to have effect or are replaced by new onesm ia sysued or granted under this Act; (d) all proceedings penodo k b ing in court by or against any urban council shall behi s t c ontinued and completed against the urban authortr oi fty established in the area formerly under the jurisd a o ipction of that urban council, but no financial liabilietdy . Nshall lie against the local government authority as rv sae result of those proceedings save in accordance with e Cap. 290 htst hr e provisions of the Local Government Finances Act, l ri g l relating to the disposition of liabilities of existing local . Aia government authorities after the commencement of za n n this Act; Ta of (e) all subsidiary legislations made prior to the en t commencement of this Act in relation to the area of a m ern new urban authority by a former urban council shall v G o remain effective and in force in the area of the authority 02 5 2 unless it is sooner amended, revoked or replaced by © legislation made under this Act, and may be enforced by the urban authority as if it were subsidiary legislation made by that authority. [s. 121] 699 THE LOCAL GOVERNMENT (URBAN AUTHORITIES) ACT [CAP. 288 R.E. 2023] SCHEDULE (Made under section 64(2)) FUNCTIONS WHICH URBAN AUTHORITIES MAY PERFORM G. A (1) Provide services for the improvement of agriculture; f Oo (2) Control or prescribe the methods of husbandry in respect of any io n agricultural land; iss (3) Require the taking of measures as may be necessary fpoer rm the preservation of harvested crops; uto (4) Suppress or control animal or insect pests or plant pewsitths, noxious weeds or plant diseases; ted (5) Declare any area of land to be reserved foirb ur the purpose of reconditioning, whether by artificial measures or dnisa ttural regeneration or both, or for the purpose of planting with fodd oer r plants and prohibit, control or regulate the use of such area; edc (6) Provide services for the improvem u reondt of livestock; (7) Build, equip and let shops and d rwe pelling houses; (8) Prohibit, restrict and reguy lba ete the construction, alteration, alignment and elevation of all b mu aildings and other structures and of parts thereof, and compel theo do kemolition, removal, repair or rendering safe of any building, strucistu bre or part thereof which, in the opinion of the authority is dangef rthous or unfit for occupation for structural or sanitary reasons or w o ahrtich otherwise constitutes a nuisance and for the doing of any such wo oprk as aforesaid at the cost of the owner or occupier and for recoveri N dn. g such costs; (9) Provi e edrve for building lines and the lay-out of buildings; (10) R s reegulate the amount of space to be allowed in and about buildinhgtss or securing the proper ventilation thereof and the free circlu g l rliation of air; . Aa (11) Regulate the closing of building or parts of buildings unfit for anh i uman habitation; nza (12) Erect and maintain houses for occupation by such persons as f T o the authority shall decide; en t (13) Make advances upon such conditions as shall be thought fit for rnm the purpose of enabling the inhabitants of the area to build or to buy ov e dwelling houses; G 25 (14) Prescribe the conditions to be satisfied by a site for any building 20 or for any class buildings; © (15) Prohibit the construction of any new building unless the plans thereof have been submitted to and approved by the authority; (16) Prohibit or regulate the use in any defined area of any inflammable material in the construction or repair of any building; (17) Establish, erect, equip and maintain social or welfare centres, public libraries and cinemas; 700 THE LOCAL GOVERNMENT (URBAN AUTHORITIES) ACT [CAP. 288 R.E. 2023] (18) Establish, erect, equip and maintain communal feeding centres and canteens for the supply of food and drink, including intoxicating liquors; (19) Make grants of money towards the establishment and maintenance of libraries and museums; . (20) Acquire, hire, erect and maintain such offices and buildings as AG may be required for the purposes of the authority; O of (21) Prohibit or regulate the making of borrow pits or otherio n excavations; iss (22) Require the proper conveyance, burial or cremation of depce ramsed persons in cemeteries or otherwise; t ou (23) Conduct funerals; ith (24) Establish, maintain and control burial and cremeadt iwon grounds; (25) Grant sums of money towards the establishmiebnu tt, equipment or maintenance of schools and educational institutionst;rdi (26) Grant and maintain scholarships or orb ursaries to suitable inhabitants of the area to attend any schuco eodl or other educational institution in Tanzania or elsewhere; rod (27) Provide services and prescr p e irebe steps to be taken for the prevention, control or relief of fa mb ine, including relief works, the provision of seed, the acquisition y m, awhether by purchase or compulsory deposit, of foodstuffs for stora k ogoe , the storage of such foodstuffs and the control of movement of peisr s bons, whether for the purposes of feeding them or otherwise, and af nthy other measure necessary for the purpose; (28) Establish, mairnt oa tain and control fire brigades; (29) Establish,o perect, maintain and control premises for the inspection, treadt.m Nent, storage, sale and distribution of articles of food; (30) Regeurlva ete or control the production and sale of milk and milk products;res (31) h tPs rovide services for the purchase, processing and sale of milk and m rigilk products; . A ll a (32) Establish, maintain and regulate premises for the drying, i ancleaning and storing of hides and skins; an z (33) Regulate or control the drying, cleaning and storage of hides of T and skins; en t (34) Establish, regulate and control markets, regulate and control rnm trade therein, construct market buildings, and let stands or plots in e ov such matters; G 25 (35) Prohibit, regulate or control trade otherwise than at established 20 markets; © (36) Regulate and control the fixing of and collection of storages, rents and tolls in markets; (37) Take measures for the prevention and abatement of nuisances, including such as arising outside the area cause annoyance, danger or injury to health within the area; 701 THE LOCAL GOVERNMENT (URBAN AUTHORITIES) ACT [CAP. 288 R.E. 2023] (38) Secure the destruction of locusts in any stage of development; (39) Exterminate and prevent the spread of tsetse fly, mosquitoes, bugs and other insects; (40) Establish, erect, maintain and control centres for the inspection and storage of produce; . (41) Regulate or control the inspection, movement and storage of AG produce; of O (42) Safeguard and promote public health including the preventionio n of and the dealing with any outbreak or the prevalence of any diseaseis;s (43) Control the residence and movement of persons in orpdee rmr to prevent or check the spread of sleeping sickness or other commut o nicable disease; ith (44) Build, equip and maintain, or grant sums of moneedy w towards the establishment, equipment or maintenance of hospitailbsu, t health centres, maternity clinics, dispensaries, asylums for the agdiesd tr, destitute, infirm or for orphans, or institutions for lepers; or (45) Establish and operate ambulance sercvei dces; (46) Establish, install, build, maintain u ro adnd control drains, latrines, public lavatories, baths and wash placesre;p (47) Establish, maintain, operate e works; ay abnd control drainage and sewerage m (48) Regulate the washing k ooof clothes in public places within the area; (49) Establish, maintainis a bnd carry out service for the removal and destruction of and othefr twh ise dealing with night soil and all kinds of refuse; art o (50) Establish, eor pect, maintain and control disinfecting stations; (51) Prohibit. tNd he possession, conveyance, handling, sale or offering for sale, ande rvperovide for the destruction when deemed necessary of diseased arnes imals or carcasses or of any article of food or drink which is diseasehdts or unfit for human consumption; ( ig ll5 r2) Control the movement of beggars in streets and public places; a. A(53) Require person to carry lights during certain hours in certain npi laces; nz a a (54) Suppress brothels and disorderly houses and take measures to T of prevent prostitution; en t (55) Provide for the return of destitute persons to their homes; rnm (56) Prohibit, regulate and control meetings, processions, dances, ov e beer parties and other assemblies; 5 G2 (57) Regulate and control public collection of money in streets and 20 other public places within the area; © (58) Prohibit, regulate and control the use of firearms; (59) Prohibit any act or conduct which in the opinion of the authority is likely to cause a riot or any disturbance or breach of the peace; (60) Prohibit, restrict, regulate or license tribal or traditional dances; (61) Establish, control and manage recreation grounds and open spaces and parks; 702 THE LOCAL GOVERNMENT (URBAN AUTHORITIES) ACT [CAP. 288 R.E. 2023] (62) Erect, supply and maintain buildings and equipment for recreational purposes; (63) Establish, maintain and control camping grounds and out-pans; (64) Regulate the upkeep of parks, gardens, recreation grounds and other public places; . (65) Establish, erect, maintain and control dipping tanks; AG (66) Purchase and operate for hire agricultural tractors machinery; of O (67) Operate and maintain crop processing or drying plants. ion (68) Establish and maintain seed farms, plant nurseries, aspiariiesss, fish ponds and animal at sud; rm pe (69) Establish, maintain and operate aerodromes and utl o anding grounds; ith (70) Establish, erect, maintain and control public weigehdi nwg machines; (71) Establish, erect, maintain and control slaughtiebru thouses; (72) Establish, erect, maintain and control launddisr tries; (73) Establish, erect, maintain and control cdo ol rd storage works; (74) Establish, maintain and control systceu ms of lighting in public places; rod (75) Establish, acquire and maintai p e nre omnibus or transport services; (76) Establish, acquire and maint bain ferry or boating services; (77) Provide for the registramta ioyn of births, deaths and marriage within any area in which sucoho kregistration is not provided for by any other law; is b (78) Require the notifi thcation and registration of any marriage, birth or death within the arret f a ao, the notification or registration of which is not required by any othoe pr law, and appoint registration offices and registrars for such purpos N de. s; (79) Regeurvleate and require the registration of the making of testamentraersy dispositions; (80)h tsR egulate and require the registration, of transactions in immll or igvable property; A a. (81) Make, maintain, alter, divert and close roads, streets and roads ano i f any specified classes, paths, culverts, street drains and water courses; an z (82) Make, maintain, alter and close bridges, spurares and open T of spaces; en t (83) Name and number, and alter the names and numbers of roads, rnm streets and houses; e ov (84) Prohibit or regulate the use of streets in the area; G 25 (85) Ensure that the owner or occupier of any land or tenements 20 maintains, clears and keeps free from vegetation the roads or paths © adjoining his land or tenements; (86) Regulate the use and lighting of bicycles and other vehicles; (87) Engage in local trading or industry; (88) Carry on any works or undertaking authorised by the Minister; 703 THE LOCAL GOVERNMENT (URBAN AUTHORITIES) ACT [CAP. 288 R.E. 2023] (89) Sell or buy products resulting from the carrying on, by or on behalf of the authority of any works or undertakings which the authority is authorised to carry on; (90) Establish, provide, maintain and control public water supplies and impose water rates; . (91) Prevent the pollution of water in any river, stream, water course, AG well or other water supply in the area, and for this purpose prohibit, of O regulate or control the use of such water supply; n io (92) Regulate or prohibit the sinking of wells and provide for tishse closing of wells; ermp (93) Regulate or prohibit the construction and use of furroowu t s; (94) Grant sums of money to any association existiinthg for the promotion of arts and crafts or of recreation and sports oerd o wf the welfare of the inhabitants of the area; t ibu (95) Regulate or control the use of swamp or mdaisr trshland; (96) Establish, erect, maintain and control p d uob r lic monuments; (97) Control and regulate the sittingc eof advertisements and hoardings; du (98) Regulate the use and preventr etp ro he misuse or waste of or any interference with water, gas, oil or el ebcetric power; (99) Do all things necessary mfoa yr carrying out any of the purposes of this Act which the authoroioty k is authorised to carry out or for any purpose not specifically proisv bided for in this act which the Minister may determine to be exercise fb thy the authority of its powers and duties under the provisions of this Art cot; (100) Incur all oe xppa enditure necessary for the carrying out of any of the purposes ofd .t Nhis Act or any purpose not specially provided for in this Act whiecrhv e the Minister may determine to be a purpose incidental to the ex s erercise by the authority of its powers and duties under the provisihotns s of this Act; (l1 r0i g l 1) Provide funds for meeting the expenses of courts, including t A ah. e provision of court houses and other buildings and personal i anemoluments for the staff of such courts; an z (102) Engage paid labour for essential public works; f T o (103) Require the performance of unpaid communal labour or nte the payment of a composition in lieu thereof within the area of the rnm authority for purposes covered by this Schedule and not barred by and ov e convention respecting the use of forced labour; and 5 G2 (104) Subject as aforesaid an authority may perform or shall 20 perform any other functions whether similar to those enumerated in © this Schedule or not, which may be specifically assigned to an authority by the Minister. 704