CHAPTER 177
TANZANIA CENTRAL FREIGHT BUREAU ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Section

Title

PART I
PRELIMINARY PROVISIONS

   1.   Short title.

   2.   Interpretation.

PART II
THE TANZANIA CENTRAL FREIGHT BUREAU

   3.   Establishment of the Bureau.

   4.   Functions of the Bureau.

   5.   Powers of the Bureau.

   6.   Objectives.

PART III
ADMINISTRATION

   7.   The Board of the Bureau.

   8.   Director-General.

   9.   Appointment of employees.

PART IV
FINANCIAL PROVISIONS

   10.   Funds and resources of the Bureau.

   11.   Investment.

   12.   Power to borrow.

   13.   Special Shipping Fund.

   14.   Annual and supplementary budget.

   15.   Accounts and audit.

   16.   Annual statement of accounts and report to be submitted to the Minister.

   17.   Annual statement and report to be laid before the National Assembly.

PART V
MISCELLANEOUS PROVISIONS

   18.   Remuneration of members of the Board.

   19.   Delegation of powers by the Board.

   20.   Liabilities of members of the Board, etc.

   21.   Restriction, etc. on royalty agreements and Bureau's sole right to book cargo.

   22.   Board to fix charges and commissions and the recovery of moneys owed by way of charges and commissions.

   23.   Offences and penalties.

   24.   Offences for which a penalty is not specifically provided in the Act.

   25.   Orders and regulations.

SCHEDULE

CHAPTER 177
THE TANZANIA CENTRAL FREIGHT BUREAU ACT

An Act to establish the Tanzania Central Freight Bureau and for related matters.

[1st October, 1982]
[G.N. No. 122 of 1982]

Acts Nos.
3 of 1981
2 of 2000

PART I
PRELIMINARY PROVISIONS (ss 1-2)

1.   Short title

   This Act may be cited as the Tanzania Central Freight Bureau Act.

2.   Interpretation

   In this Act, unless the context otherwise requires–

   "agent" means a person or body of persons employed as agents by the Bureau whether locally or outside Tanzania;

   "bill of lading" means a document which evidences a contract of carriage by sea and the taking over or loading of the goods by the carrier, by which a carrier undertakes to deliver the goods against the surrender of the document and the provision in the document that the goods are to be delivered to the order of the named person or to bearer, constitutes such undertaking;

   "Board" means the Board of Directors of the Tanzania Central Freight Bureau established under section 7;

   "Bureau" means the Tanzania Central Freight Bureau established by section 3;

   "consignee" means a person entitled to take delivery of the goods;

   "contract of carriage by sea" means any contract whereby the carrier undertakes against payment of freight to carry goods by sea from one port to another and includes carriage by sea in consideration of which such shipper agrees to ship goods exclusively in ship owned by such owner;

   "contract rate" means a lower freight rate agreed to between a shipper and a shipowner in respect of carriage of goods by sea in consideration of which such shipper agrees to ship goods exclusively in ships owned by such owner;

   "Director-General" means the Director-General of the Tanzania Central Freight Bureau appointed under section 8;

   "freight" means charge for transporting goods by ship;

   "freight rates" include contract rates, general rates and promotional rates;

   "goods" includes live animals and such articles of transport or packaging if supplied by the shipper;

   "loyalty agreement" means an agreement or arrangement between Liner Conferences and shippers or their agents whereby shippers in the United Republic confine the maritime transportation of all or part of their goods to a particular Liner Conference;

   "Minister" means the Minister responsible for shipping matters;

   "national vessels" include vessels owned either wholly by the Government of the United Republic, Government of Zanzibar, Tanzania private persons or vessels owned jointly between the Government of the United Republic or the Government of Zanzibar and other persons whether local or foreign;

   "promotional freight rate" means a rate for the carriage of non-traditional exports;

   "shipper" means any person by whom or in whose name or on whose behalf a contract of carriage of goods by sea has been concluded with a carrier, or any person by whom or on whose behalf the goods are actually delivered to the carrier in relation to the contract of carriage by sea;

   "Special Shipping Fund" means a fund established by the Board under section 13.

PART II
THE TANZANIA CENTRAL FREIGHT BUREAU (ss 3-6)

3.   Establishment of the Bureau

   (1) There is hereby established a body corporate to be known as the Tanzania Central Freight Bureau.

   (2) The Bureau shall–

   (a)   have perpetual succession and an official seal;

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

   (c)   subject to the provisions of this act, be capable of holding purchasing or acquiring in any other way, any movable or immovable property, and of disposing of any of its property.

4.   Functions of the Bureau

   The functions of the Bureau shall be–

   (a)   to implement the Government policy and advise the Government on commercial shipping matters;

   (b)   to promote, facilitate and regulate shipping services;

   (c)   to represent the Government in all commercial shipping matters;

   (d)   to monitor the conduct and practices of shipping lines and other sector service providers with a view to–

      (i)   foster economy in water transportation and overland costs;

      (ii)   ensure fair competition;

      (iii)   ensure quality of shipping services;

   (e)   to monitor freight rates and surcharge agreements so as to ensure their correct application during the period of their validity;

   (f)   to call for, register and appraise freight rates, currency and bunker adjustment factors and other charges or surcharges in relation to water transportation services;

   (g)   to require all ships loading or discharging cargo at Tanzania ports to–

      (i)   submit to the Bureau ship particulars;

      (ii)   submit copies of operational or service agreements;

      (iii)   submit copies of cargo freighted manifests and charter parties for both imports and exports;

      (iv)   submit copies of operational or service agreements;

      (v)   submit conditions of service;

      (vi)   submit any other relevant information;

   (h)   to register all shippers, shipping agents and clearing and forwarding agents;

   (i)   to require every commercial shipping provider, including terminal operators, carriers, cargo handlers, cargo hauliers and shipping agents to file their tariffs with the Bureau and observe consultation mechanisms before seeking any increase in tariffs or charges;

   (j)   to provide up-to-date information on cargo projections, sailing schedules and indicative through transportation rates;

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