CHAPTER 318
TRUSTEES' INCORPORATION ACT

 

[PRINCIPAL LEGISLATION]

 

ARRANGEMENT OF SECTIONS

 

   Section

 

Title

 

   1.   Short title.

 

   2.   Application for incorporation.

 

   3.   Compulsory incorporation.

 

   4.   Persons not eligible to take part in management or administration as trustee.

 

   5.   Grant of certificate.

 

   6.   Names of bodies corporate.

 

   7.   Certificate to be evidence of compliance with requisitions.

 

   8.   Effect of incorporation.

 

   9.   Property to vest in body corporate.

 

   10.   Gifts to vest in body corporate.

 

   11.   Common seal.

 

   12.   Deeds and contracts.

 

   13.   Liability of trustees notwithstanding incorporation.

 

   14.   Registrar-General may investigate activities of trustee or trustees.

 

   15.   Certain trustees to be resident in Tanzania.

 

   16.   Nomination of trustees, filling of vacancies and return of trustees.

 

   17.   Monitoring meetings of body corporates, and organisations.

 

   18.   Postal address.

 

   19.   Notification of change of trust.

 

   20.   Registrar-General may call for audited accounts.

 

   21.   Persons responsible for supplying information.

 

   22.   Discretion to publish information for the benefit of members.

 

   23.   Revocation of incorporation.

 

   24.   Registrar-General may revoke or suspend incorporation.

 

   25.   Record of applications and documents to be kept and copies supplied.

 

   26.   Application to decide question whether person is a member of a corporate body or as to property.

 

   27.   Appeals.

 

   28.   Offences.

 

   29.   Power to compound offences.

 

   30.   Exercise of power in relation to religious bodies.

 

   31.   Rules.

 

   32.   [Repeal of R.L. Cap. 119 and saving.]

 

 

CHAPTER 318
THE TRUSTEES' INCORPORATION ACT

An Act to provide for the incorporation of certain Trustees.

[25th May, 1956]

[R.L. Cap. 375]
Ord. No. 18 of 1956
G.Ns. Nos.
112 of 1962
478 of 1962
112 of 1992
242 of 1997
Acts Nos.
29 of 1967
10 of 1999

 

1.   Short title

   This Act may be cited as the Trustees' Incorporation Act.

 

2.   Application for incorporation

   (1) A trustee or trustees appointed by a body or association of persons bound together by custom, religion, kinship or nationality, or established for any religious, educational, literary, scientific, social or charitable purpose, and any person or persons holding any property on trust for any religious, educational, literary, scientific, social or charitable purpose, may apply to the Administrator-General for incorporation as a body corporate.

   (2) Every such application shall be in writing signed by the person or persons making the application, and shall contain such particulars as may be prescribed and shall have annexed thereto copies, verified in the prescribed manner, of the constitution and rules of the body or association, if any, and of any trust instrument or declaration of trust defining the trusts on which such property is so held.

   (3) The Administrator-General may require such declaration upon oath or otherwise or other evidence in verification of the statements and particulars in the application, and such other particulars, information or evidence as he may think necessary or proper.

 

3.   Compulsory incorporation Act No. 10 of 1999 Sch.">

   Notwithstanding section 2, a trustee or trustees holding property in trust for any religious, educational, literary, scientific, social or charitable purposes who has not or have not been incorporated under any law or whose incorporation is not provided by any law, shall apply for incorporation under this Act.

[s. 2A]

 

4.   Persons not eligible to take part in management or administration as trustee Act No. 10 of 1999 Sch.">

   (1) Any person who is a member of a body corporate or organisation concerned with the management or otherwise concerned with the administration of such body corporate or organisation shall not be qualified to apply for incorporation as a trustee or trustees–

 

   (a)   if he is convicted of a criminal offence or any offence involving fraud or dishonesty;

 

   (b)   if he is adjudged bankrupt under any written law or enters into any agreement or scheme of composition with his creditors, or takes advantage of any law for the benefit of his debtors.

   (2) No person who has been directly or indirectly concerned with the management or has otherwise been directly or indirectly suspended, shall without the approval of the Registrar-General act or continue to act in any capacity in the management or administration of any body corporate or organisation.

   (3) Any person who contravenes this section commits an offence and shall be liable on conviction to imprisonment for a term of not less than two years or to a fine of not less than two hundred thousand shillings or to both.

[s. 2B]

 

5.   Grant of certificate

   (1) If the Administrator-General shall consider such incorporation expedient, he may grant a certificate of incorporation, subject to such conditions or directions generally as he shall think fit to insert in such certificate, and in particular, but without prejudice to the generality of the foregoing, may impose restrictions on the amount of land which such body corporate may hold, and the uses to which such land may be put.

   (2) The Administrator-General shall give notice in the Gazette of all certificates of incorporation granted under this section.

[s. 3]

 

6.   Names of bodies corporate

   (1) No trustee or trustees shall be incorporated with a name which in the opinion of the Administrator-General is undesirable.

   (2) The name of every body corporate created under this Act shall include the words "Registered Trustees".

   (3) A body corporate created under this Act may, with the prior approval in writing of the Administrator-General, change its name, and shall, within one month of so doing, notify the change to the Administrator-General in the prescribed manner.

   (4) Where a body corporate has changed its name, the Administrator-General may amend its certificate of incorporation or may issue a new certificate in substitution therefor.

[s. 4]

 

7.   Certificate to be evidence of compliance with requisitions

   Subject to the provisions of section 23, a certificate of incorporation granted under section 5 shall be conclusive evidence that all the preliminary requisitions herein or in any rules made hereunder and required in respect of such incorporation have been complied with, and the date of incorporation mentioned in such certificate shall be deemed to be the date at which incorporation has taken place.

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