THE MUNICIPAL COUNCIL OF MAVOKO

(SAND HARVESTING, BY- LAWS 2009)

IN EXERCISE of the powers conferred by section 201and sect.154 (e) of the local Government Act the Municipal Council of Mavoko makes the following By-laws:-

THE MUNICIPAL COUNCIL OF MAVOKO
(SAND HARVESTING) BY-LAWS 2009

CITATION: 1.These By-laws may be citied as the Municipal Council of
Mavoko (Sand harvesting) By-laws, 2009
2. In this By-laws, unless the context otherwise requires;-

“Municipal” means the Municipal Council of Mavoko.

“Town Clerk” means the person for the time being
holding the office of the clerk of the Municipal
Council of Mavoko and includes any other officer duly
authorized by him for the purpose of these By-laws.

“Sand” means any of these loose granular materials
between 1-4mm in diameter that result from the broken rocks and consists of particles smaller than gravel but courser used in mortar,
glass, abrasive foundry moulds and buildings; or any
soil containing 85% or more of sand a maximum of
10% of clay.

“Harvester” a person or his agent who gathers or
Collects sand from any of the Council’s area of
Jurisdiction for the purpose of sale or own use.

“Transporter” means any or firm underwriting the
transport of sand and includes the driver or person
in charge of any transport.

“Authorized officer” means any person authorized in
writing by the Council to act for the purpose of these
By-laws;

“Area” means the area for the time being within the
Jurisdiction Municipal Council of Mavoko.

“License” means a permit issued by the council under
the hand of the Town clerk or authorized officer to
engage in trade, occupation or business of sand
harvesting and transportation of sand from its area
of Jurisdiction.

“Licensee” means a person holding the appropriate
license under these By-laws and includes a person
to whom the appropriate license has been transferred;

“Monthly License” means a license issued pursuant to
these Laws expiring on the last day of the month in
which it is issued ;

“Occasional License” means a license valid only on the
date specified therein and on no other date with
express permission from the Town clerk.

Licensing of Co- 3. (1) No person shall use, cause or permit to remove
operative societies sand from rivers, farms or co-operative society &
Farms, ranches etc ranches for the purpose of selling the same to
harvesters unless valid license issued under these
by-laws for such trade, occupation or business
has been issued by the council. The license shall
be deemed to be annual and it shall be as
approved fees and charges for the year.

(2)Any person contravening the provision of this
by-law shall be guilty of an offence.

Licensing of sand 4. (1)No person or agent shall transport sand from
Harvester:- any part of the council’s area of Jurisdiction,
unless a valid license for such business has been
issued by the council the license shall be deemed
to be ‘monthly’ unless otherwise authorized by
the Town clerk or any other authorized officer of
the council.

(2) No person shall carry on or engage in any trade
occupation or business of sand harvesting
unless he/she is licensed to carry on such trade,
occupation or business by the council.

(3) Any person contravening any of the provision of
this By-law shall be guilty of an offence.

Application for 5. An application for license under these By-laws shall be
License in such form as may be prescribed by the council
provident that the council may, in any particular case
require an applicant to submit or supply such further
information as the council shall deem fit.
6. (1) The council shall not approve any application
made in the first instance for a license in
respect of any vehicle by a person who is not
the owner of such vehicles certifying that the
vehicle is leased or has financial
commitments there etc.
(2) There shall be charged by the council an
Approved fee in the fees and charges for the issue of the said permit for sand harvesting.

7. (1)There shall be payable to the council, for every
application for a license, the appropriate fees
prescribed by the council from time to time.
Subject t o By-laws (2), such fee shall not be refunded unless the council refuses to issue such license; provided that the council shall not be required to refund any fee charged solely for the processing of an application in pursuance of this paragraph.

(2) The council may, at its sole discretion waive the whole or part of any fee prescribed pursuant to the Sub-section (1) or this By-law

Form of license 8. A license shall be in such form as the council may from time to time determine and shall be signed by the Town clerk or any person authorized on that behalf.
Transfer of license 9. (1) A license issued under these By-laws shall
not be transferred from the holder thereof to another without the consent of the Town clerk.

(2) An application for the transfer of any license
Shall be in such form as may be prescribed by the council and shall be accompanied by the license to which it relates; provided that the council may in any particular case require an applicant for the transfer of a license to submit or supply such further information as the council shall deem necessary

(3) For each such transfer there shall be payable to the council such fee as may be prescription in the approved fees and charges for the year.

(4)A memorandum of the transfer of any license
shall be endorsed on the license by the council
(5) Any person who contravenes the provision of
this By-laws shall be guilty of an offence.

Made by Order of the Municipal Council of Mavoko this……………….
day of……………..2009.

WISDOM K. MWAMBURI
TOWN CLERK

Approved this…………………. day of………………………………..2009

HON. MUSALIA MUDAVADI
DEPUTY PRIME MINISTER & MINISTER FOR LOCAL GOVERNMENT

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