CHAPTER 235
CONTRACTORS REGISTRATION ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Section

Title

PART I
PRELIMINARY PROVISIONS

   1.   Short title.

   2.   Interpretation.

PART II
THE BOARD

   3.   Establishment of the Board.

   4.   Functions of the Board.

   5.   Limitation of liability.

   6.   Appointment of Registrar.

PART III
REGISTRATION

   7.   Registers of contractors.

   8.   Publication of registers and lists.

   9.   Publication prima facie evidence of registration.

   10.   Qualifications for registration of contractors.

   11.   Temporary registration.

   12.   Restriction on registration of non-foreign firms.

PART IV
CANCELLATION AND SUSPENSION OF REGISTRATION

   13.   Power to cancel registration.

   14.   Restoration to the Register.

   15.   Powers to suspend registration, etc.

   16.   Proceedings at an inquiry.

   17.   Disobedience to summons and refusal to give evidence.

   18.   Appeals against decision of Board.

   19.   Appeals Authority.

   20.   Rules regulating proceedings before the Appeals Authority.

PART V
RESTRICTION ON TRADING AS CONTRACTOR

   21.   Use of description "registered" and effect of registration.

   22.   Restrictions on carrying on business as contractor.

   23.   Bodies of persons operating as contractors.

   24.   Definition of "carrying on business" and "trading as contractor".

PART VI
ACTIVITIES OF THE BOARD AND FINANCIAL PROVISIONS

   25.   Board may delegate its functions.

   26.   Accounts and audit.

   27.   Registrar's report.

   28.   Funds of the Board.

   29.   Power to invest.

   30.   Annual statement of accounts and Registrar's report to be laid before the National Assembly.

   31.   Minister may give directions.

PART VII
GENERAL PROVISIONS

   32.   Offences.

   33.   Profits.

   34.   Regulations by the Minister.

   35.   By-laws.

   36.   Proceedings of the Board not to be invalid by reason of irregularity.

   37.   [Repeal of Act No. 35 of 1972.]

   38.   Savings.

SCHEDULE

CHAPTER 235
THE CONTRACTORS REGISTRATION ACT

An Act to provide for the registration of contractors and to establish a Board to regulate the conduct of contractors and for related matters.

[1st August, 1997]
[G.N. No. 317 of 1997]

Act No. 17 of 1997

PART I
PRELIMINARY PROVISIONS (ss 1-2)

1.   Short title

   This Act may be cited as the Contractors Registration Act.

2.   Interpretation

   In this Act, unless the context requires otherwise–

   "Appeals Authority" means the Appeals Authority referred to in section 19;

   "Board" means the Contractors Registration Board established under section 3;

   "contractor" means either:

   (a)   any person who for reward or other valuable consideration undertakes the construction, installation or erection, for any other person, of any structure situate below, on or above the ground or other work connected therewith or the execution, for any other person, of any alteration or otherwise to any structure or other work connected therewith, where such person undertakes to do any such work–

      (i)   himself supplies the material necessary for the work or is authorised to exercise control over the type, quality or the use of material supplied by any other person;

      (ii)   himself supplies the labour necessary for the work or is authorized on behalf of the person for whom the work is undertaken or any other person, to employ or select for employment workmen to assist him in the execution of the work; or

   (b)   any person who himself as a developer or investor, undertakes the construction, erection, installation or alteration of any structure, for public use or otherwise, situate below, on or above the ground or other work connected therewith or the execution of any alteration or otherwise to any structure, for public use or otherwise, or other work connected therewith, where such person undertaking to do any such work–

      (i)   himself supplies the labour necessary for the work or is authorized to exercise control over the type, quality or the use of material supplied by any other person; or

      (ii)   himself is authorised on behalf of the person for whom the work is undertaken or any other person, to employ or select for employment workmen to assist him in the execution of the work:

   Provided that a person shall be deemed not to be a contractor for the purposes of this Act if he at no time undertakes or holds himself out as willing to undertake any work the cost of construction, erection, installation, alteration or completion of which does not exceed such a sum as shall be determined by the Board from time to time for different disciplines of the construction industry; or undertakes or holds himself out as willing to undertake construction of a residential house for his own family (not for public use), which does not require an input of structural design;

   "certificate of compliance" means a certificate of compliance issued by the Registrar of Companies;

   "foreign" in relation to a firm or company means a firm or company registrable under Part XII of the Companies Ordinance whose majority shares are owned by non-citizens;

   "local" in relation to a natural person, means a citizen of the United Republic, and in relation to a firm means a contracting firm or company incorporated in Tanzania whose majority shares are owned by the citizens of the United Republic;

   "member" in relation to the Board or the Appeals Authority includes the Chairman and the Vice-Chairman;

   "Minister" means the Minister responsible for Works;

   "person" means a natural person, body of persons whether corporate or unincorporate;

   "Register" means the Register of Contractors maintained by the Board in accordance with the provisions of this Act;

   "registered" in relation to any contractor means a contractor whose name is entered in the relevant register;

   "Registrar" means the Registrar appointed in accordance with the provisions of section 6.

PART II
THE BOARD (ss 3-6)

3.   Establishment of the Board

   (1) There is hereby established a Board to be known as the Contractors Registration Board.

   (2) The Board shall–

   (a)   be a body corporate with perpetual succession and a common seal;

   (b)   in its corporate name be capable of suing and being sued;

   (c)   for and in connection with the purpose of this Act, be capable of acquiring, holding and disposing of movable and immovable property in its corporate name;

   (d)   be capable of making by-laws to facilitate the implementation of this Act.

   (3) The provisions of the Schedule to this Act, shall have effect as to the constitution and proceedings of the Board, and otherwise in relation to the Board.

   (4) The Minister may, after consultation with the Board, by order published in the Gazette, amend, add to, vary, revoke or replace the provisions of the Schedule.

4.   Functions of the Board

   Subject to the provisions of this Act and regulations made under it, the functions of the Board shall be to–

   (a)   consider and decide upon application for registration, to effect registration of contractors; to maintain a register of contractors, and to prescribe fees for registration and annual subscription;

   (b)   regulate the activities and conduct of contractors;

   (c)   enter and inspect any site for construction, installation, erection or alteration works for the purpose of verifying and ensuring that the works are being undertaken by registered contractors; and that the works comply with all governing regulations and laws of the country;

   (d)   take legal action against unregistered contractors who undertake construction, installation, erection or alteration works;

   (e)   verify and ensure that every site for construction, installation, erection or alteration works has a sign board which shows the names and address of the project, client, consultants and the contractors of the project; and to take legal action against defaulters;

   (f)   promote and provide opportunities and facilities for the study of, and for the training in pre-contract and post-contract management, construction, erection, installation or alteration of structures and allied subjects connected with them;

   (g)   promote and maintain professional conduct and integrity of contractors;

   (h)   conduct examination and to grant certificates and other awards of the Board in the subjects referred to in paragraph (f);

   (i)   sponsor, arrange and provide facilities for courses, workshops, conferences, seminars, discussion, symposia and consultations on matters relating to the subjects referred to in paragraph (f);

   (j)   arrange for the publication and general dissemination of materials produced in connection with the work and activities of the Board;

   (k)   furnish managerial, technical and administrative consultancy services to contractors;

   (l)   liaise and interact with both local and international professional boards and associations involved in and with the construction industry;

   (m)   ensure that all construction sites are hoarded; and labour laws, occupational health and safety regulations in the construction industry are adhered to;

   (n)   classify contractors into different types, categories and classes and to set class limits of projects to be executed by contractors;

   (o)   set criteria to be met by contractors for registration in different classes;

   (p)   review, from time to time, the registration criteria of contractors;

   (q)   review registered contractors with a view to ensuring that they meet the registration criteria in force of their respective types, categories and classes;

   (r)   consider applications for dispensations for specific contracts by clients or their consultants on behalf of registered contractors;

   (s)   take disciplinary action against registered contractors who contravene the provisions of this Act or the by-laws of the Board;

   (t)   carry out any other functions which are in the public interest and which the Minister may in writing, direct.

5.   Limitation of liability

   A member of the Board shall not be personally liable for any act or default of the Board done or omitted in good faith in the course of carrying out the responsibilities and functions of, or exercising the power conferred upon him by the Board.

6.   Appointment of Registrar

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