   DISPOSAL OF GOVERNMENT LAND _g CAP. 268.    1
CHAPTER 268
DISPOSAL OF GOVERNMENT LAND ACT
To regulate the grant on any title of immovable property belonging to or
administered by the Government, and to provide for matters ancillary
thereto or connected therewith.
11th July, 1977
Enacted by ACT XXXIII of 1976, as amended by Acts: II of 1979, XIII of
1983 and XIV of 1999.
Short title.
Act.
Interpretation.  
Amended by: 
II. 1979.2;
XIV. 1999.2.
2. In this Act, unless the context otherwise requires -
"disposal" means the transfer or grant of any land under any title
whatsoever, including, but without prejudice to the generality of
the aforesaid -
( a ) any lease or encroachment or other right of use as well
as any grant of any real or personal right in or over any
land;
( b ) a renewal of any real or personal right in or over any
land, whether tacit or expressed on new terms and
conditions (provided that an increase in rent, ground
rent or compensation for use shall not be deemed to be
a new condition), but including a renewal of any real
or personal right in or over any land originally made in
pursuance of a special resolution of the House of
Representatives, even when made on the same terms
and conditions;
Cap. 363.
( c ) any change of any condition included in the disposal
of any land other than land disposed of by the Housing
Authority or by the Government for housing purposes,
as long as the land remains subject to the condition
that it be used for housing purposes, or land disposed
of by a local council established under the Local
Councils Act:
Cap. 88.
Provided that the transfer of any land acquired under any
title under the provisions of the Land Acquisition (Public Purposes)
Ordinance, where such land is no longer required for a public
purpose, to the person from whom such land was so acquired, or to
his successors in title, shall not constitute a disposal for the
purposes of this Act where the transfer back is made for the
consideration (including damages) paid by the Government on the
acquisition together with interests at five  per centum per annum
from the date of the payment up to the date of the transfer back to
such persons where such land was acquired by the Government
under absolute ownership, and where the land is held by
Government on public tenure or possession and use, the transfer
back is made subject only to the cessation of the annual payment of
the relative recognition rent or acquisition rent as the case may be;
2      CAP.  268. _h   DISPOSAL OF GOVERNMENT LAND
Cap. 16.
"land" includes any property which is immovable either by its
nature or by reason of the object to which it refers, as provided in
articles 308, 309 and 310 of the Civil Code.
Government land 
to be disposed of in 
terms of this Act. 
Amended by: 
II. 1979.3.
Substituted by:
XIV. 1999.3.
3. (1) No land which belongs to or is administered by the
Government shall be disposed of unless such disposal is made in
accordance with one of the following provisions, that is to say -
( a ) after a call for tenders published in the Gazette in
respect of the property proposed to be disposed of; or
( b ) in accordance with a policy applicable to the land
proposed to be disposed of and approved by a
resolution of the House of Representatives which is in
force at the time of the disposal; or
( c ) in accordance with a special resolution of the House of
Representatives which is in force at the time of the
disposal; or
( d ) to a body corporate established by law for the purposes
of any function of such body:
Cap. 363.
Provided that any land disposed of to a body
corporate, other than the Housing Authority or a local
council established under the Local Councils Act,
under this paragraph (including a disposal made to it
by another body corporate as authorised by this
proviso) shall not without the approval of the House of
Representatives expressed in a resolution, or in
accordance with this sub-article, be disposed of by any
body corporate, other than the Housing Authority or a
local council as aforesaid, except in favour of the
Government or of another body corporate established
by law; or
( e ) in accordance with any other law for the time being in
force.
(2) A resolution of the House of Representatives passed for the
purposes of sub-article (1) shall continue in force -
(i) if taken for the purposes of paragraph ( b )
thereof, for a period of three years from the date
it is passed; and
(ii) if taken for the purposes of paragraph ( c ) or
paragraph ( d ) thereof, for a period of one year
from the day it is passed,
but any such resolution may be renewed by a subsequent resolution
or resolutions for a further period or for further periods of three
years or one year respectively or for such other period, being of not
more than three years or one year respectively, as may be specified
in the resolution.
(3) A disposal of land to which sub-article (1) applies, made in
accordance with the provisions of this article, shall not require any
further authority or sanction.
   DISPOSAL OF GOVERNMENT LAND _g CAP. 268.    3
Cap. 396.
(4) Before notice of a motion proposing a resolution, as is
referred to in paragraph ( c ) of sub-article (1) of this article, is given
to the Clerk of the House by a Minister, such Minister shall cause
such motion to be referred to the National Audit Office Accounts
Committee established under Part IV of the Second Schedule to the
Auditor General and National Audit Office Act, and no notice of a
motion as aforesaid may be given before the said committee shall
have discnssed the motion and reported thereon to the House.
(5) Not later than fifteen days after a Minister shall have
caused a notice as is referred to in sub-article (4) hereof to be
referred to it, the National Audit Office Accounts Committee shall
meet to discuss the draft deed or writing or notice, as the case may
be, and shall not later than one month after the said draft deed or
writing or notice, as the case may be, has been referred to it, report
thereon to the House:
Provided that where the said Committee fails to report to
the House in a final manner within the said period of one month,
the Minister may proceed to give notice to the Clerk of the House
proposing a resolution as is referred to in sub-article (1) of this
article.
(6) When the Committee referred to in the preceding sub-
article is convened for the purposes of this Act, two additional
members of the House of Representatives, one appointed by the
Prime Minister, the other by the Leader of the Opposition, shall
have the right to attend, and take part in the debate in this
Committee, without the right to vote.
(7) Where the report of the National Audit Office Accounts
Committee on a motion is unanimous, the House shall proceed to
vote on such motion and on any amendments proposed in the said
report without debate.
Disposals not in 
accordance with 
Act to be null and 
void.
4. (1) Any disposal of land to which article 3 of this Act
applies made otherwise than in accordance with the provisions of
that article shall be null and void.
(2) The nullity of a disposal made in contravention of the
article aforesaid may be demanded also by the Attorney General or
by any person who is a member of the House of Representatives at
the time of the demand.
Disposal not in 
accordance with 
Act to constitute 
offence. 
Amended by:
XIII. 1983.5.
5. (1) Any person who enters into or appears on any deed,
instrument or contract (whether in his own name or on behalf of
others) in contravention of any of the provisions of article 3 of this
Act, and any person who induces any other person to enter into or
appear on any such deed, instrument or contract as aforesaid or the
making thereof, or aids or abets any of the aforesaid acts, shall be
guilty of an offence and shall be liable on conviction to a fine
( multa ) not exceeding one thousand liri or to imprisonment not
exceeding six months or to both such fine and imprisonment:
Provided that it shall be a defence for any person to prove
that he took reasonable steps to ascertain that the deed, instrument
or contract would not, where made, be in contravention of the
4      CAP.  268. _h   DISPOSAL OF GOVERNMENT LAND
provisions aforesaid.
(2) For the purposes of any proceedings under sub-article (1) of
this article, a declaration made by a court of competent jurisdiction
that a disposal is null and void on the ground that it was made in
contravention of any of the provisions of article 3 of this Act, or a
mere declaration that it was so made, shall be conclusive evidence
that the disposal was made in contravention of these provisions;
and where any action for any such declaration has been taken, the
period of prescription in respect of any offence against this article
shall be suspended until a final judgment on the issue is given or
the action is abandoned.
