The Government Leaseholds (Conversion to Rights of Occupancy) Act

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CHAPTER 367
THE GOVERNMENT LEASEHOLDS
(CONVERSION TO RIGHTS OF OCCUPANCY) ACT
[PRINCIPAL LEGISLATION]
Arrangement of Sections
Section Title
1. Short title.
2. Interpretation.
3. Conversion of Government leasehold into right of occupancy.
4. Interests other than Government leases.
5. Premiums, rents, fees and other terms and conditions.
6. Appeals.
7. Powers of Minister.
8. President’s power to make orders for removal of difficulties.
9. Regulations.
10. Cap. 393 shall cease to apply where Government leasehold converted
to right of occupancy.

make orders for removal of difficulties.
9. Regulations.
10. Cap. 393 shall cease to apply where Government leasehold converted
to right of occupancy.

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1. This Act may be cited as the Government Leaseholds
(Conversion to Rights of Occupancy) Act. 2.–(1) In this Act, unless the context otherwise requires-
“appointed day” has a meaning ascribed to it under the
Freehold Titles (Conversion) and Government Leases
Act;
“derivative lease” means a sublease or a sub-sublease;
“Government lease” means any lease which immediately
before the appointed day was a Government lease within
the meaning of the Freehold Titles (Conversion) and
Government Leases Act;
“leaseholder” in relation to any Government lease is the
person who, immediately before the appointed day, was
the holder of the Government lease;
“Minister” means the Minister responsible for lands. (2) All words and expressions used in, but not defined by
this Act shall, unless the context otherwise requires, have the
same meanings as are assigned to those words and expressions
by the Land Act. Short title
Interpretation
Cap. 393
Cap. 393
Cap.

ise requires, have the
same meanings as are assigned to those words and expressions
by the Land Act. Short title
Interpretation
Cap. 393
Cap. 393
Cap.

113
CHAPTER 367
THE GOVERNMENT LEASEHOLDS
(CONVERSION TO RIGHTS OF OCCUPANCY) ACT
An Act to convert Government leaseholds into rights of occupancy, to
disapply the Freehold Titles (Conversion) and Government Leases Act,
1963 and to provide for related matters. [1st April, 1970]
[GN. No. 85 of 1970]
Act No. 44 of 1969

hold Titles (Conversion) and Government Leases Act,
1963 and to provide for related matters. [1st April, 1970]
[GN. No. 85 of 1970]
Act No. 44 of 1969

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THE GOVERNMENT LEASEHOLDS (CONVERSION TO RIGHTS OF OCCUPANCY) ACT [CAP. 367 R.E. 2023]
3.–(1) A Government lease shall, with effect from the appointed
day, be extinguished. (2) On or after the appointed day the leaseholder shall hold
the land which, immediately prior to the appointed day, was
held for a Government lease under a right of occupancy which
shall be deemed to have been duly granted to such leaseholder
under the Land Act for a term equal to the unexpired term of
the Government lease for which the land was held immediately
before the appointed day and, except as varied by this Act,
all the provisions of the Land Act and of regulations made
hereunder shall apply and extend to such right of occupancy. 4.–(1) For purposes of this section “interest” includes
any derivative lease, any mortgage, charge, lien or other
encumbrance whatsoever, any easement or right of way, any
caveat and any other right or liability created by any trust, will,
agreement or covenant or otherwise.

whatsoever, any easement or right of way, any
caveat and any other right or liability created by any trust, will,
agreement or covenant or otherwise.

(2) Except to the extent necessary to give operation and
effect to the provisions of this Act and of the Land Act and
the regulations thereunder, the extinguishment by this Act of a
Government lease shall not prejudice or affect in any way any
lawful interest subsisting immediately before the appointed
day in respect of the Government lease or the land held for the
Government lease, and it is hereby declared that, to the extent
to which it is lawful, every such interest shall, until it expires
by effluxion of time or is sooner determined, continue to be of
such legal effect as it would have if it had originated in respect
of a right of occupancy created under the Land Act. 5.–(1) A leaseholder who, by virtue of the provisions of section
4, becomes the owner of a right of occupancy over and in
respect of the land previously held by him for a Government
lease, shall not be required to pay any premium in respect of
such right of occupancy. (2) For purposes of the application of the provisions of
the Land Act and the regulations thereunder relating to rents
Conversion of
Government
leasehold
into right of
occupancy
Cap. 113
Cap. 113
Interests other
than Government
leases
Cap. 113
Cap.

er relating to rents
Conversion of
Government
leasehold
into right of
occupancy
Cap. 113
Cap. 113
Interests other
than Government
leases
Cap. 113
Cap.

113
Premiums,
rents, fees and
other terms and
conditions
Cap. 113

113
Premiums,
rents, fees and
other terms and
conditions
Cap. 113

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.206
THE GOVERNMENT LEASEHOLDS (CONVERSION TO RIGHTS OF OCCUPANCY) ACT [CAP. 367 R.E. 2023]
for the right of occupancy over public land, every right of
occupancy created by this Act shall be deemed to be a right of
occupancy of public land, and those provisions shall, with and
subject to any necessary adaptation and modifications, extend
and apply accordingly. (3) The rent first determined by the Commissioner for any
right of occupancy created by this Act shall be payable on and
from the appointed day. (4) The rent determined by the Commissioner at any
time shall continue to be payable until the Commissioner
again determines such rent, the Commissioner being hereby
empowered to make such determinations at intervals of not
less than five years. (5) A fee or duty shall not be charged or payable in respect
of the issue under the Land Act of the certificate in respect of a
right of occupancy created by this Act.

shall not be charged or payable in respect
of the issue under the Land Act of the certificate in respect of a
right of occupancy created by this Act.

(6) The Commissioner may annex to any right of occupancy
created by this Act such terms and conditions as he may deem
desirable in the public interest. 6.–(1) A person aggrieved by the rent determined by the
Commissioner under section 5 or by any term or condition
annexed to any right of occupancy by the Commissioner
under that section, may within thirty days of being notified
in writing of such determination or, of the term or condition,
appeal to the Minister against the determination of rent or the
annexation of the term or condition. (2) The decision of the Minister on any appeal under
subsection (1) shall be final and shall not be subject to review
by any court. 7.–(1) In determining any appeal under section 6, the Minister
shall have regard to-
(a) the extent of the development of the land comprised in
the right of occupancy;
Cap. 113
Appeals
Powers of
Minister

Minister
shall have regard to-
(a) the extent of the development of the land comprised in
the right of occupancy;
Cap. 113
Appeals
Powers of
Minister

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THE GOVERNMENT LEASEHOLDS (CONVERSION TO RIGHTS OF OCCUPANCY) ACT [CAP. 367 R.E. 2023]
(b) whether excessive hardship will be caused to the
owner of the right of occupancy by the decision of the
Commissioner complained against; and
(c) any other relevant fact. (2) The Minister shall have power to hear such evidence as
he may consider relevant. (3) The Minister shall determine every appeal as the merits
of the case may require. (4) On an appeal the Minister may give directions for-
(a) where the appeal is against an amount of rent determined
by the Commissioner, the variation of the rent; or
(b) where the appeal is against any term or condition
annexed to the right of occupancy, the variation or
removal of such term or condition, and every such
direction shall be binding upon the parties concerned. (5) The Minister may, where he is satisfied that there is no
merit in an appeal, dismiss the appeal. 8.

n shall be binding upon the parties concerned. (5) The Minister may, where he is satisfied that there is no
merit in an appeal, dismiss the appeal. 8.

Where, in the opinion of the President, any difficulty exists
in or in relation to the administration of this Act, he may, by
order published in the Gazette, make such provision as, in his
opinion, is necessary or expedient for effecting the removal of
such difficulty. 9. The Minister may make regulations-
(a) prescribing the manner in which an appeal shall be
made under section 6; and
(b) regulating the procedure in any such appeal. 10. Where, by virtue of the provisions of this Act, a Government
lease is converted to a right of occupancy, the provisions of
the Freehold Titles (Conversion) and Government Leases
Act shall, with effect from the appointed day, cease to have
effect in relation to, or apply to, the land comprised in such
Government lease. President’s power
to make orders
for removal of
difficulties
Regulations
Cap. 393
shall cease to
apply where
Government
leasehold
converted to right
of occupancy

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.