CHAPTER 27
ADMINISTRATOR-GENERAL (POWERS AND FUNCTIONS) ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Section

Title

   1.   Short title.

   2.   Interpretation.

   3.   Estates to which Part IX of Probate and Administration of Estates Act applies.

   4.   Appointment of Administrator-General.

   5.   Administrator-General to apply for grant in certain cases.

   6.   Assets in danger.

   7.   Uncertainty as to succession.

   8.   Grant to persons appearing.

   9.   Grant to Administrator-General notwithstanding.

   10.   Administrator-General not precluded from applying for grant within one month of death of deceased.

   11.   [Repealed.]

   12.   [Repealed.]

   13.   [Repealed.]

   14.   Administrative officer to take charge of assets.

   15.   [Repealed.]

   16.   [Repealed.]

   17.   Revocation of grant to Administrator-General.

   18.   Costs of Administrator-General on revocation of grant.

   19.   On revocation previous acts of Administrator-General voidable, not void.

   20.   Payments made by Administrator-General prior to revocation of grant.

   21.   Administrator-General's petition for grant.

   22.   No security required from Administrator-General.

   23.   Grants to be made to Administrator-General by that name.

   24.   Effect of grant to Administrator-General.

   25.   Entry of Administrator-General not to constitute notice of a trust.

   26.   Transfer by private executor or administrator to Administrator-General.

   27.   Power of Administrator-General to appoint agents.

   28.   Distribution of assets.

   29.   Liability of the Administrator-General.

   30.   Power to apply to court for directions.

   31.   Power to administer oath.

   32.   Liability of Government.

   33.   Costs of Administrator-General.

   34.   [Omitted.]

   35.   [Amendment.]

   36.   Fees.

   37.   Expenses.

   38.   Payment of money into prescribed bank and investment of surplus funds.

   39.   Right of Administrator-General to costs.

   40.   Power of Administrator-General to pay for improvements.

   41.   Administrator-General to keep accounts.

   42.   Right of interested persons to inspect.

   43.   Filing of final account.

   44.   Power to file interim account.

   45.   Power to transfer share of minor to relative.

   46.   Power to collect, realise and hand over assets to Administrator-General or Public Trustee of neighbouring countries.

   47.   Assets of persons not domiciled in Mainland Tanzania.

   48.   Assets unclaimed for twelve years to be transferred to Government.

   49.   Power of Minister to dispose of assets.

   50.   Preparation of balance sheet.

   51.   False evidence.

   52.   Power of Administrator-General to administer where assets do not exceed ten thousand shillings.

   53.   Indian Succession Act not to supersede rights of Administrator-General.

   54.   Order of court equivalent to a decree.

   55.   Power of Minister to make rules.

CHAPTER 27
THE ADMINISTRATOR-GENERAL (POWERS AND FUNCTIONS) ACT

An Act to make provision for the appointment and duties of an Administrator-General.

[15th June, 1931]

Ords. Nos.
20 of 1921
19 of 1922
44 of 1931
19 of 1952
28 of 1953
4 of 1959
Acts Nos.
35 of 1961
9 of 1963
3 of 2009
G.Ns. Nos.
478 of 1962
114 of 1992

1.   Short title

   This Act may be cited as the Administrator-General (Powers and Functions) Act.

2.   Interpretation

   In this Act unless the context otherwise requires–

   "Administrator-General" means the Administrator of estates appointed under this Act and includes an Assistant Administrator-General;

   "agent" means an agent of the Administrator-General duly appointed as provided in section 27 of this Act;

   "asset" means all property movable and immovable of a deceased person, which is chargeable with and applicable to the payment of his debts and legacies or available for distribution amongst the heirs and next-of-kin, of the deceased;

   "court" means the High Court of Tanzania, or any court subordinate to it to which jurisdiction has, or may have, been given;

   "immovable property" includes land, benefits which arise out of land, not being charges for the security of money, and things attached to the earth, or permanently fastened to anything attached to the earth;

   "letters of administration" include any letters of administration, whether general or with a copy of the will annexed, or limited in time or otherwise;

   "Minister" means the Minister for the time being responsible for legal affairs;

   "movable property" means property of every description except immovable property;

   "next-of-kin" includes a widower or widow of a deceased person, or any other person, who by law would be entitled to letters of administration in preference to a creditor or legatee of the deceased;

   "prescribed" means prescribed by any rules made under this Act;

    "taxing officer" means the Registrar of the High Court, or an officer duly appointed to act for such officer.

3.   Estates to which Part IX of Probate and Administration of Estates Act applies Act No. 35 of 1961 Sch.">

   This Act shall not apply to an estate which may be administered according to customary law unless the unless the Probate and Administration of Estates Act * or Part VIII of that Act has been applied to that estate under the provisions of Part IX of that Act.

4.   Appointment of Administrator-General G.N. No. 478 of 1962">

   (1) The Minister may appoint an Administrator-General and as many Assistant Administrators-General as may from time to time be required.

   (2) The Administrator-General shall be a corporation sole by the name of the Administrator-General of Mainland Tanzania and shall have perpetual succession and an official seal and may sue and be sued in the corporate name.

   (3) The Administrator-General or an Assistant Administrator-General shall be entitled to appear in court, either in person or by counsel, in any proceedings to which he is a party and shall have precedence next after the Director of Public Prosecutions.

5.   Administrator-General to apply for grant in certain cases Ords. Nos. 44 of 1931 s. 2; 19 of 1952 s. 3">

   (1) Where a person dies in Mainland Tanzania or where a person dies believed to be possessed of property in Mainland Tanzania, the administrative officer in charge of the district in which such death occurs, or in which such property is believed to exist, shall, upon receiving notice of such death or upon such death coming to the knowledge of the administrative officer, immediately institute inquiries to ascertain whether the deceased left any, and if so, what property in Mainland Tanzania, and if it appears that the deceased left property and–

   (a)   that any such person died intestate; or

   (b)   that the deceased having made a will devising or bequeathing the deceased's estate or part of it, has omitted to appoint an executor; or

   (c)   that the person or persons named as executor or executors in the will, have died in the testator's life-time or have renounced the probate; or

   (d)   that probate or letters of administration with the will annexed has not been obtained within six months from the death of the testator; or

   (e)   that the deceased has appointed the Administrator-General as sole executor of the deceased's will,

the administrative officer shall immediately report to the Administrator-General and upon receiving such information the Administrator-General may apply to the court for letters of administration of the estate of such deceased person:

   Provided that where it appears to the court that circumstances of the case require, for reasons recorded in its proceedings, the court may, of its own motion or otherwise, grant letters of administration to the Administrator-General or to any other person notwithstanding that there are persons who in the ordinary course, would be legally entitled to administration.

   (2) The Administrator-General shall serve notice, in the prescribed manner, upon all executors and next-of-kin of the deceased known to be resident in Mainland Tanzania, of intention to apply to the court for letters of administration under the provisions of subsection (1) of this section fourteen days after the service of such notice:

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