CHAPTER 295
NATIONAL HOUSING CORPORATION ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Section

Title

PART I
PRELIMINARY PROVISIONS

   1.   Short title.

   2.   Interpretation.

PART II
THE NATIONAL HOUSING CORPORATION

   3.   Continued establishment of the Corporation.

   4.   Functions of the Corporation.

   5.   The Board.

   6.   Minister may direct Corporation.

   7.   Orders and directions of the Corporation.

PART III
OPERATIONS, POWERS AND PROCEDURES OF CORPORATION

   8.   Housing inquiries by the Corporation.

   9.   Power to contract, etc.

   10.   Access to valuation roll.

   11.   Determination of rent.

   12.   Manner of effecting payment of rent.

   13.   Additional rent by way of penalty for delayed rent.

   14.   Rents and penalties recoverable as debts.

   15.   Secrecy.

   16.   False statements.

   17.   Powers of entry and inspection.

PART IV
ADMINISTRATIVE PROVISIONS

   18.   Appointment of employees.

   19.   Transfer of employees of the Corporation.

   20.   Remuneration of members.

   21.   Superannuation benefits.

   22.   Power of Board to delegate.

PART V
FINANCIAL PROVISIONS

   23.   Funds and resources of the Corporation.

   24.   Power to raise and guarantee loans.

   25.   Guarantees Reserve Fund.

   26.   General Reserve Fund.

   27.   Investment.

   28.   Annual and supplementary budget.

   29.   Accounts and audit.

   30.   Annual report.

PART VI
GENERAL PROVISIONS

   31.   Protection of members, etc.

   32.   General penalty.

   33.   Forfeiture.

   34.   Where offence committed by body corporate.

   35.   Liability of employer or principal.

   36.   Notification of orders and directions.

   37.   Burden of proof.

   38.   Exemption.

   39.   Regulations.

PART VII
DISSOLUTION OF REGISTRAR OF BUILDINGS

   40.   Dissolution and transfer of assets and liabilities of Registrar.

   41.   Provisions regarding Registrar of Buildings employees.

   42.   [Repeal of R.L. Cap. 481 and Act No. 13 of 1971.]

   43.   Savings.

   44.   Transitional provisions.

SCHEDULE

CHAPTER 295
THE NATIONAL HOUSING CORPORATION ACT

An Act to dissolve the Registrar of Buildings, to reconstitute the National Housing Corporation and to provide for related or consequential matters.

[1st August, 1990]
[G.N. No. 251 of 1990]

Act No. 2 of 1990

PART I
PRELIMINARY PROVISIONS (ss 1-2)

1.   Short title

   (1) This Act may be cited as the National Housing Corporation Act.

   (2) [Omitted.]

2.   Interpretation

   (1) In this Act, unless the context requires otherwise–

   "approved" means approved by the Corporation;

   "assets" in relation to the Registrar includes every building in respect of which a right of occupancy passed to the Registrar by virtue of acquisition of the building and is vested in him on the effective date;

   "Board" means the Board of Directors of the Corporation established by section 5;

   "building" means any building, whether used for residential, commercial, industrial or other purposes of any kind and includes outhouses, sheds and other structures on the land comprised in the right of occupancy in respect of the land on which the building is situated;

   "construct" in relation to a house or other building includes the process of modification, alteration and repair;

   "Corporation" means the National Housing Corporation whose establishment and continued existence are referred to in section 3;

   "Director-General" means the Director-General of the Corporation appointed under section 18;

   "effective date" means the date of commencement of this Act;

   "house" includes any part of a house;

   "housing scheme" means a proposal for the construction of houses including such other proposals as may be necessary or desirable, by way of the provision of roads, drains or open spaces or otherwise howsoever, to implement the scheme;

   "landlord" shall have the meaning assigned to that expression by the Rent Restriction Act *;

   "local government authority" means a district authority established under the Local Government (District Authorities) Act *, or the Local Government (Urban Authorities) Act *;

   "Member" means a member of the Board;

   "Minister" means the Minister responsible for housing;

   "owner" in relation to any building or house, means the person who is for the time being the holder of the right of occupancy in respect of the land upon which the building or house is situated and includes, where relevant, the Registrar in respect of any right of occupancy which had passed to him by virtue of acquisition of any building under the repealed Act;

   "Registrar" means the Registrar of Buildings in the capacity of a corporation sole established by section 3 of the repealed Act;

   "rent" includes, where the person occupying any premises occupies the premises as a licence, any fee or other consideration given by him for such occupation;

   "repealed Act" means the National Housing Act *, or the Acquisition of Buildings Act *;

   "right of occupancy" in relation to any building or house, means the right of occupancy granted or deemed by any written law to have been granted under the Land Act * in respect of the land upon which the building is situated;

   "Standard rent" in relation to any premises means the standard rent assessed and determined under the provisions of the Rent Restriction Act *, and where such premises are situated in an area to which that Act does not apply, standard rent in relation to such premises shall be the rent which in the opinion of the Board is the reasonable rent for such premises;

   "tenant" shall have the meaning assigned to that expression by the Rent Restriction Act *, and shall include a licensee.

   (2) A person shall, for the purposes of this Act, be deemed to be in occupation of any building or a portion of a building or house only if he is in actual occupation of it, and a person shall be deemed to be in actual occupation of a building or house notwithstanding that some other person also enjoys occupation of such building or house or portion as his guest, dependant or domestic servant.

PART II
THE NATIONAL HOUSING CORPORATION (ss 3-7)

3.   Continued establishment of the Corporation

   (1) There shall continue in existence the National Housing Corporation established by the repealed National Housing Corporation Act *, and which shall with effect from the effective date be deemed to have been established under this Act.

   (2) The Corporation shall be a body corporate and shall–

   (a)   have perpetual succession and an official seal;

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

   (c)   subject to this Act, be capable of holding, purchasing or acquiring in any other way, and of disposing of, any movable or, immovable property for the purposes of carrying out the functions conferred upon it by or under this Act or any other written law.

4.   Functions of the Corporation

   (1) The functions of the Corporation shall be to provide or facilitate the provision of houses and other buildings in Tanzania for use by members of the public for residential, business, industrial or other purposes on such terms as the Corporation may in each case determine.

   (2)    In particular, but without prejudice to the generality of subsection (1), and subject to any general or specific directions of the Minister, the Corporation may engage in–

   (a)   the construction of houses or other buildings for sale to such persons on such terms as the Board may determine;

   (b)   the construction of buildings as part of approved housing schemes;

   (c)   the provisions of facilitating the provision of building materials, components, concrete articles and other related articles, whether through the establishment of factories or subsidiary companies or in any other way;

   (d)   the business of building contractors, planners or consultants;

   (e)   the business of estate managers in respect of properties owned by the Corporation and of any others on approved terms.

   (3) The Corporation shall, with effect from the effective date, take over and continue the management of the affairs, properties and operations of the Registrar as at that date.

   (4) The Corporation shall carry out any other activities related or incidental to the construction of houses or other buildings, the administration of estates, and the management of the affairs related to buildings and houses built or acquired by the Corporation or otherwise transferred to it by or under this Act.

5.   The Board

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