CHAPTER 51
PROVIDENT FUND (GOVERNMENT EMPLOYEES) ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Section

Title

   1.   Short title.

   2.   Interpretation.

   3.   Establishment and management of the Fund.

   4.   Who shall become a depositor.

   5.   Deposits.

   6.   Bonus.

   7.   Bonus in case of depositors transferred from the service of the former Tanganyika Railways who have not elected to renounce a gratuity.

   8.   Interest.

   9.   Information to depositors.

   10.   Bonus in respect of previous service.

   11.   Deposits in respect of previous service.

   12.   Deposits not to be assigned or attached.

   13.   Withdrawal of deposits.

   14.   Repayment of withdrawal.

   15.   Closing of accounts.

   16.   Payments out of Fund.

   17.   Resignation or dismissal.

   18.   Transfer to pensionable office.

   19.   Payment on transfer of depositor to Railways.

   20.   Payment on depositor proceeding to service of local authority.

   21.   Payment on death of a depositor.

   22.   Sums due to Government.

   23.   Power to make Regulations.

   24.   [Repeal of Ord. No. 4 of 1928.]

   25.   Saving.

SCHEDULE

CHAPTER 51
THE PROVIDENT FUND (GOVERNMENT EMPLOYEES) ACT

An Act to establish a provident fund for the benefit of certain Government employees who are not eligible for pension or gratuity under the existing law.

[1st November, 1942]

Ords. Nos.
13 of 1942
31 of 1942
2 of 1944
17 of 1944
22 of 1944
12 of 1946
5 of 1947
26 of 1947
7 of 1950
8 of 1952
40 of 1952
17 of 1955
2 of 1959
Acts Nos.
7 of 1964
52 of 1965
7 of 1991
17 of 1995
9 of 2000
G.Ns. Nos.
403 of 1960
478 of 1962
61 of 1969

1.   Short title

   This Act may be cited as the Provident Fund (Government Employees) Act.

2.   Interpretation Ords. Nos. 7 of 1950 s. 2; 17 of 1955 s. 2; 2 of 1959 s. 2; Act No. 52 of 1965 s. 2">

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

   "to appoint" and "appointment" in relation to appointment as an employee of the Government, include to re-appoint or re-employ and re-appointment or re-employment;

   "deposit" means a deposit made under section 5 of this Act;

   "depositor" means a person who is making deposits in the Government Employees Provident Fund established under this Act (in this Act referred to as "the Fund");

   "financial year" means the period from the first day of July to the following thirtieth day of June;

   "non-pensionable employee" means a person in the service of the Government who–

   (a)   (i)   is employed under conditions of service which are or may be in force with respect of any civil service at present established or to be established hereafter;

      (ii)   has signed an agreement which is expressed to continue for a period of service of not less than twenty months; or

      (iii)   holds an office which is for the time being included in the Schedule to this Act; and

   (b)   does not qualify for a pension or gratuity under the King's African Rifles Ordinance function a2(msg) { myWindow=window.open('','','width=296,height=72,left=400 ,scrollbars=1,top=400,screenX=400,screenY=100');myWindow.document.write(msg);}*')">*, the European Officers' Pensions Ordinance function a4(msg) { myWindow=window.open('','','width=355,height=72,left=400 ,scrollbars=1,top=400,screenX=400,screenY=100');myWindow.document.write(msg);}*')">*, the Junior Officers' Pensions Ordinance function a6(msg) { myWindow=window.open('','','width=354,height=72,left=400 ,scrollbars=1,top=400,screenX=400,screenY=100');myWindow.document.write(msg);}*')">*, the Prisons Ordinance *, or the Police Ordinance *; and

   (c)   is not a depositor to the Fund established under the Provident Fund (Tanganyika Railways) Ordinance function a10(msg) { myWindow=window.open('','','width=348,height=66,left=400 ,scrollbars=1,top=400,screenX=400,screenY=100');myWindow.document.write(msg);}*')">*;

   "personal allowance" means a special addition to salary granted personally to the holder for the time being of the office;

   "salary" includes wages and any personal allowance, but no other payment or allowance;

   "service of the Government" includes service with the armed forces of the Republic.

   (2) For the purposes of this Act a depositors family shall be deemed to include his mother, father, husband, wife and children of the depositor but no other person.

   (3) The President may from time to time by order published in the Gazette amend the Schedule to this Act by adding any office to the list of offices contained therein or by deleting any office from such list, due regard being had to existing rights, and when by such order any office is added to the Schedule the holder of such office shall thereupon become a non-pensionable employee as from the date on which the said order comes into force.

3.   Establishment and management of the Fund Ord. No. 17 of 1955 s. 3; G.Ns. Nos. 478 of 1962; 61 of 1969">

   (1) There shall be established a Fund to be known as the Government Employees Provident Fund.

   (2) The Permanent Secretary to the Treasury shall appoint a Board of Management (in this Act referred to as "the Board") who shall be responsible for the control and management of the Fund in accordance with the provisions of this Act and of any regulations made hereunder.

   (3) The Board shall consist of a Chairman who shall be nominated by the Permanent Secretary to the Treasury and at least two members one of whom shall be a person who is capable of representing the interests of the depositors to the satisfaction of the Permanent Secretary to the Treasury, and three members shall form a quorum.

   (4) The appointed members shall hold office for such time as may be specified in the respective appointments.

   (5) The expenses of management and administration of the Fund shall be paid out of the Fund.

   (6) The moneys paid into the Fund shall, so far as practicable, be invested by the Permanent Secretary to the Treasury on behalf of the Fund in such security or securities yielding interest as the Board shall approve, or, with the approval of the Board, may be deposited by him in the Postal Bank established by the Tanzania Postal Bank Act.

   (7) Subject to the directions of the Board, the Permanent Secretary to the Treasury shall keep a separate account for the moneys of the Fund and shall supply such information relating thereto as the Board from time to time may require.

   (8) The Board shall submit to the President as soon as practicable after the end of each financial year a full statement showing the working of the Fund and all claims thereon, and containing full particulars of all transactions connected with the working of the Fund.

   (9) The accounts of the Fund shall be audited by the Controller and Auditor-General and shall be published in the Gazette.

4.   Who shall become a depositor Ords. Nos. 22 of 1944 s. 2; 7 of 1950 s. 3; 2 of 1959 s. 3; 7 of 1964 s. 2; G.N. No. 403 of 1960; Acts Nos. 17 of 1995 s. 24; 9 of 2000 s. 24">

   (1) Every non-pensionable employee who is not a member of the subordinate service of the Government shall become a depositor from the date on which he is appointed as such employee or from the commencement of this Act, whichever shall be the later date:

   Provided that any such employee who was appointed before the commencement of this Act without having received notice of his liability to become a depositor in any provident fund which might be established thereafter, may be granted by the President exemption from the obligation to become a depositor under this section provided he notifies the Principal Secretary, Office of the President, not later than six months after the date of commencement of this Act of his desire to be granted such exemption.

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