ARRANGEMENT OF SECTIONS
1. Short title.
4. Attornment or agreement giving power of distress by way of security to be instrument within meaning of Act.
REGISTRATION AND RENEWAL OF REGISTRATION
5. Registration of instrument to be noticed.
6. Mode of registration.
7. Register book and index to be kept.
8. Fee on registration.
9. Time for registration may be extended, and mistakes in register corrected.
10. Registration to be renewed every five years.
SEARCHES AND OFFICE COPIES
11. Register book and instruments may be searched and viewed.
12. Office copies may be obtained on payment.
EFFECT OF NON-REGISTRATION
13. Unregistered instruments to be void in certain cases.
14. Instruments not registered within time limit not to affect bona fide purchaser for value without notice.
15. Instrument to be attested by an authorised person.
16. Instrument deemed to be made on date of execution.
17. Instrument to take effect from the date of registration.
18. Instrument to have inventory of chattels.
19. Instrument void where grantor not owner of chattels.
20. Instrument subject to defeasance, etc., void in certain cases.
22. Saving of laws prescribing formalities as to execution of instruments or securing rights thereunder.
FORM OF INSTRUMENTS
23. Form of instrument by way of security.
24. Where successive securities are given over same chattels.
INSTRUMENTS COMPRISING STOCK
25. How stock to be described.
26. Stock to include increase of stock, etc.
ASSIGNMENT OF BOOK AND OTHER DEBTS
27. Instrument may comprise book debts.
28. Assignments of moneys payable to suppliers of dairy produce.
SECURITIES OVER CROPS AND WOOL
29. Security may be given over crops.
30. Saving of rights of landlord or mortgages.
31. Security may be given over wool.
32. Wool securities not affected by sale, etc., of sheep.
33. Security may be given over wool of mortgaged sheep.
34. Further provision as to security given over wool.
ENTRY OF SATISFACTION
35. Memorandum of satisfaction may be filed.
36. Effect of filing memorandum.
37. Public Trustee may sign memorandum.
38. Judge may order memorandum to be filed.
SALES AND SALE OF GRANTOR'S INTEREST
40. Grantor's interest in chattels may be sold in execution of judgment against him.
41. Not to affect interpleader process.
IMPLIED COVENANTS, ETC.
42. Covenants for title.
43. Covenants, etc., implied in instruments.
44. Meaning of abbreviated expressions.
45. Covenants to be several as well as joint.
46. Covenants to bind executors.
47. Covenants may be negatived or varied.
TRANSFERS OF INSTRUMENTS
48. Form of transfer of instrument to executors.
49. Registration of transfers.
50. Attempt to defraud grantee.
51. Stamp duty payable.
52. Authorised persons.
THE CHATTELS TRANSFER ACT
An Act to make provision relating to chattel securities and the transfer of chattels.
[2nd October, 1942]
25 of 1942
42 of 1955 *
[R.L. Cap. 210]
PRELIMINARY PROVISIONS (ss 1-4)
This Act may be cited as the Chattels Transfer Act.
In this Act, unless the context requires otherwise–
"authorised person" means a person or class of persons who is authorised by the Minister under the provisions of section 52;
"chattels" means any movable property that can be completely transferred by delivery, and includes machinery, stock and the natural increase of stock as hereinafter mentioned, crops, and wool, but does not include–
(a) title-deeds, things in action, other than a debt or negotiable instruments;
(b) shares and interests in the stock, funds or securities of any Government or local authority;
(c) shares and interests in the capital or property of any company or other corporate body; or
(d) debentures and interest coupons issued by any Government, or local authority, or company, or other corporate body;
"crops" means coffee berries, tea leaves, sisal leaves, sugar cane, cotton, hemp, hop, wheat, maize, wattle, barley, oats, and grass, whether for hay or for grain, and all cereal and root crops, fruit, and all other crops grown above or below the ground;
"executed" means signed by the grantor or his attorney;
"factory" or "workshop" means any premises on which any manual labour is exercised by way of trade or for purposes of gain in or about the making, altering, repairing, ornamenting, finishing, or adapting for sale of any article or part of any article;
"grantee" means the party to an instrument to whom chattels therein referred to, or any interest therein, are thereby granted or assigned, or agreed so to be, and includes his executors, administrators and assigns, and in the case of a company or corporation includes the successors and assigns of such company or corporation;
"grantor" means the party to an instrument who thereby grants or assigns, or agrees to grant or assign, chattels therein referred to, or any interest therein, and includes his executors, administrators, and assigns, and in the case of a company or corporation includes the successors and assigns of such company or corporation;
"instrument" means any instrument given to secure the payment of money or the performance of some obligation and includes any bill of sale, mortgage, lien, or any other document that transfers or purports to transfer the property in or right to the possession of chattels, whether permanently or temporarily, whether absolutely or conditionally, and whether by way of sale, security, pledge, gift, settlement, or lease, and also the following–
(a) inventories of chattels with receipt thereto attached;
(b) receipts for purchase-money of chattels;
(c) other assurances of chattels;
(d) declarations of trust without transfer;
(e) powers of attorney, authorities, or licences to take possession of chattels as security for any debt;
(f) any agreement, whether intended to be followed by the execution of any other instrument or not, by which a right in equity to any chattels, or to any charge or security thereon or thereover, is conferred;
"instrument" does not include the following–
(a) securities over, or leases of, fixtures (except "trade machinery" as hereinafter defined, when mortgaged or charged apart from the land to which it is attached) when mortgaged, charged or leased in any mortgage, charge or lease of any freehold or leasehold interest in any land or building to which they are affixed, and whether or not such fixtures are specifically included in such mortgage, charge or lease by mention thereof in separate words;
(b) assignments for the benefit of the creditors of the person making the same;
(c) transfers of or agreements to transfer instruments by way of security;
(d) transfers or assignments of any ship or vessel or any share thereof;
(e) transfers of chattels in the ordinary course of business of any trade or calling;
(f) debentures and interest coupons issued by any Government or local authority;
(g) bills of sale of chattels in any foreign parts, or at sea;
(h) bills of lading, warehouse-keepers' certificates, warrants, or orders for the delivery of chattels, entries in auctioneers' books, or any other document used in the ordinary course of business as proof of the possession or control of chattels, or authorising or purporting to authorise, either by endorsement or delivery, the possessor of such document to transfer or receive the chattels thereby represented;
(i) debentures and interest coupons issued by any company or other corporate body and secured upon the capital stock or chattels of such company or other corporate body;
(j) mortgage or charges granted or created by a company incorporated or registered under the Companies Act *;
(k) hire-purchase agreements;
(l) mortgages or charges granted or created by a co-operative society registered under the Co-operative Societies Act *;
(m) mortgages or charges deemed to have been granted or created by a Board established or deemed to have been established under the Agricultural Products (Control and Marketing) Act * (repealed by the National Milling Corporation Act *);
(n) mortgages and charges granted or created by the Tanzania Co-operative and Rural Development Bank * or deemed to have been granted or created by the National Co-operative Bank registered under the Co-operative Societies Act *;
"Minister" means the Minister responsible for lands;
"prescribed" means prescribed by rules made under this Act;
"Registrar" means the Registrar appointed under the provisions of section 3 and includes an Assistant Registrar;
"registration" means the filing of an instrument with schedule or inventories, or a true copy thereof;
"schedule" includes inventory;
"stock" includes any sheep, cattle, horse, pig, poultry, and any other living animal;
"trade machinery" means the machinery used in or attached to any factory or workshop and machinery and plant used in connection with the production, preparation or manufacture of agricultural products, but does not include–
(a) the fixed motive powers, such as the waterwheels, and steam and other engines and the steam boilers, donkey engines and other fixed appurtenances of the said motive powers;
(b) the fixed power machinery, (such as the shafts, wheels, drums and their fixed appurtenances), for transmitting the action of the motive powers to the other machinery, fixed and loose; or
(c) the pipes for steam, gas and water.
The Minister shall appoint a Registrar to perform the duties and exercise the powers imposed and conferred by this Act, and may appoint any number of Assistant Registrars, who shall be subject to the directions of the Registrar.
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