CHAPTER 382
DISTRICT DEVELOPMENT CORPORATIONS ACT
[SUBSIDIARY LEGISLATION]
INDEX TO SUBSIDIARY LEGISLATION
ORDERS
G.N. No. 158 of 1980
1. Title
This Order may be cited as the Mbeya Regional Development Corporation (Establishment) Order.
2. Interpretation
In this Order, unless the context otherwise requires–
"Act" means the District Development Corporations Act *;
"Board" means the Board of Directors of the Corporation provided for in section 6;
"Corporation" means the Regional Development Corporation established by section 17;
"Minister" means the Minister responsible for regional administration.
3. Establishment of Corporation
There is hereby established a Regional Development Corporation to be known as the Mbeya Regional Development Corporation.
4. Functions of Corporation
The functions of the Corporation shall be–
(a) to acquire by purchase or otherwise, or establish, construct, improve and manage guest houses and hotels;
(b) to engage in housing development by promoting and implementing owner-occupied housing schemes and by constructing and managing commercial and industrial premises;
(c) to acquire by purchase or otherwise, or establish, construct improve or manage small industry;
(d) to farm, improve or carry on any activity on land for agricultural, horticultural or forestry activity of any description or pastoral development, and to dispose of, or deal with the produce or products of any such activity or development in any manner which may appear likely to be useful to the Corporation or may enhance the value of any other property or rights of the Corporation;
(e) to carry on the trade or business of dealers in cattle, sheep, goats poultry and to carry on the business of cattle rearers, sheep farmers, and to rear, manage or otherwise deal in goats, poultry or livestock generally;
(f) to sell, lend, lease, dispose of or otherwise deal in cattle, sheep, goats, poultry and all livestock generally;
(g) to sell and carry on the business of dealers in beef, mutton, goats meat, chicken, hides, skins, fat tallow, grease, offal and other animal products;
(h) to carry on the business of the conveyance of passengers and goods in vehicles or vessels between such places as the Corporation may determine;
(i) to do all such things as may be deemed incidental or conducive to the proper and efficient performance of the functions specified in this paragraph;
(j) to carry on and undertake any business undertaking, transaction, operation, whether mercantile, commercial, financial, industrial, trading or otherwise which may seem to the Corporation capable of being conveniently carried on in connection with the above functions, or calculated directly or indirectly to enhance the value of or render more profitable any of the Corporation's property or rights.
5. Authorised share capital
(1) The authorised share capital of the Corporation shall be four million shillings divided into four thousand shares each having a par value of one thousand shillings.
(2) The shares of the Corporation shall be issued at such time as the Board may, subject to the approval of the Minister in writing, by resolution appoint.
(3) The authorised share capital of the Corporation may, subject to the approval of the Minister in writing be increased by resolution of the Board.
(4) Payment shall be made by the local authorities in the Region for shares at their par value as soon as they have been allotted by the Corporation and the payment shall be in cash or other valuable consideration as the Board may determine.
(5) The shares of the Corporation shall not be pledged or encumbered in any manner and shall not be transferred or assigned.
6. Funds and resources of the Corporation
The funds and resources of the Corporation shall include–
(a) subscriptions to the shares of the Corporation;
(b) rent and other charges for services rendered by the Corporation;
(c) such sums as may be provided for the purposes of the Corporation by the Government either by way of grant or loan;
(d) the Board may, with the prior approval of the Minister, borrow moneys for the purposes of the Corporation by way of loan or overdraft, and upon such security and such terms and conditions relating to the payment of the principal and the payment of interest as the Board may deem fit.
7. Management vested in Board of Directors
The management and functions of the Corporation shall vest in a Board of Directors.
8. Director-General
(1) The Minister shall appoint a suitable person to be the Director-General.
(2) The Director-General shall be the Chief Executive Officer of the Corporation and shall be responsible to the Board in the management of the affairs of the Corporation.
(3) The terms and conditions of service of the Director-General shall be as the Minister may determine.
9. Staff of Corporation
Subject to the provisions of section 11 of the Act the Board may, appoint on such terms and conditions as it may think fit, such officers and servants of the Corporation as it may think necessary for the carrying out of the functions of the Corporation.
10. Salaries, etc., to be paid out of Corporation's funds
(1) The Corporation shall apply its funds for the following purposes–
(a) the payment of all the salaries, fees and other allowances payable to members of the Board and officers or servants of the Corporation;
(b) the payment of all the expenses and other charges duly incurred by the Corporation or for which the Corporation becomes duly liable in the course of the performance of its functions;
(c) such other purposes as the Board may approve.
(2) The Board may invest all or any portion of any moneys which are surplus to its requirements in such securities as may be approved by the Minister.
11. Reports
The Director-General shall prepare and make a report of the activities of the Corporation and submit it to the Minister twice every year and so that the period intervening between any one and the next report shall not exceed seven months.
G.N. No. 159 of 1980
1. Citation
This Order may be cited as the Morogoro Development Corporation (Establishment) Order.
2. Interpretation
In this Order, unless the context otherwise requires–
"Act" means the District Development Corporations Act *;
"Board" means the Board of Directors of the Corporation provided for in section 6;
"Corporation" means the Regional Development Corporation established by section 17;
"Minister" means Minister responsible for regional administration.
3. Establishment of Corporation
There is hereby established a Regional Development Corporation to be known as the Morogoro Regional Development Corporation.
4. Functions of Corporation
The functions of the Corporation shall be–
(a) to acquire by purchase or otherwise, or establish, construct, improve or manage any small industry;
(b) to buy, sell, improve, manage, lease, mortgage, turn to account, dispose of, grant rights and privileges, in respect of, or otherwise deal in land, securities, merchandise and other property;
(c) to engage in housing development by promoting and implementing owner-occupied housing schemes and by constructing and managing commercial and industrial premises;
(d) to farm, improve or carry on activities on land for agricultural, horticultural or forestry activity of any description or pastoral development, and to dispose of, or deal with the produce or products of any such activity or development in any manner which may appear likely to be useful to the Corporation or may enhance the value of any other property or rights of the Corporation;
(e) to carry on the business of the conveyance of passengers and goods in vehicles or vessels between such places as the Corporation may, determine;
(f) to acquire by purchase or otherwise, or establish, construct, improve and manage guest houses and hotels and carry on the business of tourists' agents;
(g) to enter into any arrangements with any person or body of persons, Government or authority supreme, municipal, local or otherwise that may seem conducive to the proper performance of the Corporation's functions or any of them, and to obtain from any such person or body of persons, Government or authority any rights, privileges and concessions which the Corporation may think desirable to obtain, and to carry out, exercise and comply with any such arrangements, rights, privileges and concessions;
(h) to carry and undertake any business undertaking, transaction, operation, whether mercantile, commercial, financial, industrial, trading or otherwise which may seem to the Corporation capable of being conveniently carried on in connection with the above functions, or calculated directly or indirectly to enhance the value of or render more profitable any of the Corporation's property or rights;
(i) to do all such things as may be deemed incidental or conducive to the proper and efficient performance of the functions specified in this paragraph or any of them.
5. Authorised share capital
(1) The authorised share capital of the Corporation shall be five million shillings divided into five thousand shares each having a par value of one thousand shillings.
(2) The shares of the Corporation shall be issued at such time as the Board may, subject to the approval of the Minister in writing, by resolution appoint.
(3) The authorised share capital of the Corporation may subject to the approval of the Minister in writing, be increased by resolution of the Board.
(4) Payment shall be made by the local authorities in the Region for shares at their par value as soon as they have been allotted by the Corporation and the payment shall be in cash or other valuable consideration as the Board may determine.
(5) The shares of the Corporation shall not be pledged or encumbered in any manner and shall not be transferred or assigned.
6. Funds and resources of the Corporation
The funds and resources of the Corporation shall include –
(a) subscriptions to the shares of the Corporation;
(b) rent and other charges for services rendered by the Corporation;
(c) such sums as may be provided for the purposes of the Corporation by the Government either by way of grant or loan;
(d) the Board may, with the prior approval of the Minister, borrow moneys for the purposes of the Corporation by way of loan or overdraft, and upon such terms and conditions relating to the payment of the principal and the payment of interest as the Board may deem fit.
7. Management vested in Board of Directors
The management and functions of the Corporation shall vest in a Board of Directors.
8. Director-General
(1) The Minister shall appoint a suitable person to be the Director-General of the Corporation.
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(2) The Director-General shall be the Chief Executive Officer of the Corporation and shall be responsible to the Board in the management of the affairs of the Corporation.
(3) The terms and conditions of service of the Director-General shall be as the Minister may determine.
9. Staff of Corporation
Subject to the provisions of section 11 of the Act the Board may, appoint on such terms and conditions as it may think fit, such officers and servants of the Corporation as it may think necessary for the carrying out of the functions of the Corporation.
10. Salaries, etc., to be paid out of Corporation's funds
(1) The Corporation shall apply its funds for the following purposes–
(a) the payment of all the salaries, fees and other allowances payable to members of the Board and officers or servants of the Corporation;
(b) the payment of the expenses and other charges duly incurred by the Corporation or for which the corporation becomes duly liable in the course of performance of its functions;
(c) such other purposes as the Board may approve.
(2) The Board may invest all or any portion of any moneys which are surplus to its requirements in such securities as as may be approved by the Minister.
11. Reports
The Director-General shall prepare and make a report of the activities of the Corporation and submit it to the Minister twice every year and so that the period intervening between any one and the next report shall not exceed seven months.
G.Ns. Nos.
144 of 1974
10 of 1975
52 of 1975
54 of 1976
167 of 1976
1. Citation
This Order may be cited as the District Corporations (Establishment) Order.
2. Interpretation
In this order, unless the context otherwise requires–
"Act" means the District Development Corporations Act *;
"Board" means the Board of Directors of the Corporation provided for in section 6;
"Corporation" means the District Corporation established by section 3;
"Minister" means the Minister responsible for regional administration.
3. Establishment of District Corporation
(1) There is hereby established for each of the districts specified in the first column of the Schedule hereto a District Corporation (in this Order referred to as "the Corporation") which shall be known by the description set out in the second column of the said Schedule.
(2) Where a District Corporation is established under this Order in any area where a District Corporation was established under the Companies Act *, all the assets and liabilities which immediately before the establishment of that Corporation were vested in the District Corporation established under the Companies Act shall vest in the District Corporation established under this Order.
4. Functions of District Corporation
The functions of the Corporation shall be–
(a) to carry on the trade or business of dealers in cattle, sheep, goats, poultry and all livestock generally and in all branches of such respective trades or businesses;
(b) to acquire by purchase or otherwise ranches, cattle and sheep farms, goats, poultry and to carry on the business of cattle rearers, sheep farmers, and to rear, manage or otherwise deal in goats, poultry and all livestock generally;
(c) to sell, lend, lease dispose of or otherwise deal in beef, mutton, goats, poultry and all livestock generally;
(d) to sell and to carry on the business of dealers, in beef, mutton, goat's meat, chicken, hides, skins, fat tallow, grease, offal and other animal products;
(e) to farm, improve, manage or carry on activities on land for agricultural, horticultural or forestry activity of any description or pastoral development, and to dispose of, or deal with the products of any such activity or development in any manner which may appear likely to be useful to the Corporation or may enhance the value of any other property or rights of the Corporation;
(f) to carry on the business of the conveyance of passengers and goods in vehicles or vessels between such places as the Corporation may determine, and the doing of all such other things as are incidental or conducive to the proper and efficient performance of the Corporation's functions or any of them;
(g) to acquire by purchase or otherwise, or establish, construct, improve or manage any small industry;
(h) to erect and build abattoirs, cold storage facilities, warehouse, sheds and other buildings necessary or expedient for the efficient performance of the functions of the Corporation;
(i) to acquire by purchase or otherwise any machinery, rolling stock, plant, live and dead stock vehicles, vessels or things and any property or rights which may be necessary for, or may be conveniently used with, or may enhance the value of any property or rights of the Corporation;
(j) to buy, sell, improve, manage, lease, mortgage, turn to account, dispose of, grant rights and privileges, in respect of, or otherwise deal in land, securities merchandise and other property;
(k) to enter into any arrangements with any person or body of persons, Government or authority supreme, municipal, local or otherwise that may seem conducive to the proper performance of the Corporation's functions or any of them, and to obtain from any such person or body, Government or authority any rights, privileges and concessions which the Corporation may think desirable to obtain, and to carry out, exercise and comply with any such arrangements, rights, privileges and concessions;
(l) with the prior approval of the Minister, to invest and deal with the monies of the Corporation not immediately required upon such securities and in such manner as may be determined;
(m) to engage in housing development by promoting and implementing owner-occupied housing schemes and by constructing and developing commercial and industrial premises;
(n) to act as agents or brokers and as trustees for any person, firm, company, co-operative society, public or statutory corporation and to undertake and perform sub-contracts;
(o) to engage in the fishing industry and the marketing of fish, fish products, aquatic flora and products of aquatic flora;
(p) to carry on and undertake any business, undertaking, transaction, operation, whether mercantile, commercial, financial, industrial, trading or otherwise which may seem to the corporation capable of being conveniently carried on in connection with the above functions, or calculated directly or indirectly to enhance the value of or render more profitable any of the Corporation's property or rights;
(q) to do all such things as may be deemed incidental or conducive to the proper and efficient performance of the functions specified in this paragraph or any of them.
5. Authorised share capital
(1) The authorised nominal capital of the Corporation shall be one hundred thousand shillings divided into one hundred shares each having a par value of one thousand shillings.
(2) The shares of the Corporation shall be issued at such times as the Board may, subject to the approval of the Minister in writing by resolution appoint.
(3) The authorised nominal capital of the Corporation may, subject to the approval of the Minister in writing, be increased by resolution of the Board.
(4) Payment shall be made by the Government for shares at their par value as soon as they have been allotted by the Corporation and such payment shall be made in cash or other valuable consideration.
(5) In the event of any direction [under the proviso to section 4 of the Act] being given that the shares or any part thereof shall be subscribed for by and allotted to a person or persons named in such direction, every reference in the Act and this Order to the Government in its capacity as the shareholder shall be read and construed as including a reference to the person or persons named by the Minister in such direction.
(6) The shares of Corporation shall not be pledged or encumbered in any manner whatsoever and shall not be transferred or assigned.
6. Management vested in Board of Directors
The management and functions of the Corporation shall vest in a Board of Directors.
7. Director-General
(1) The Minister shall appoint a suitable person to be the Director-General of the Corporation.
(2) The Director-General shall be the chief executive officer of the Corporation and shall be responsible to the Board in the management of the affairs of the Corporation.
(3) The terms and conditions of service of the Director-General shall be as the Minister may determine.
8. Appointment of staff
Subject to the provisions of section 11 of the Act, the Board may, from time to time, appoint on such terms and conditions as it may think fit, such officers and servants of the Corporation as it may think necessary for the carrying out of the functions of the Corporation.
9. Salaries, etc., to be paid out of Corporation's funds
(1) The Corporation shall apply its funds for the following purposes–
(a) the payment of all the salaries, fees and other allowances payable to members of the Board and officers or or servants of the Corporation;
(b) the payment of the expenses and other charges duly incurred by the Corporation or for which the Corporation becomes duly liable in the course of the performance of its functions;
(c) such other purposes as the Board may approve.
(2) The Board may invest all or any portion of any moneys which are surplus to its requirements in such securities as may be approved by the Minister.
10. Reports
The Director-General shall prepare and make a report of the activities of the Corporation and submit it to the Minister twice every year and so that the period intervening between any one and the next report shall not exceed seven months.
SCHEDULE
COLUMN ONE | COLUMN TWO |
Name of District for which the Corporation is established | Description of the Corporation |
1. Bagamoyo | Bagamoyo District Corporation |
2. Biharamulo | Biharamulo District Corporation |
3. Geita | Geita District Corporation |
4. Karagwe | Karagwe District Corporation |
5. Kasulu | Kasulu District Corporation |
6. Kwimba | Kwimba District Corporation |
7. Kyela | Kyela District Corporation |
8. Mafia | Mafia District Corporation |
9. Manyoni | Manyoni District Corporation |
10. Mpanda | Mpanda District Corporation |
11. Mbulu | Mbulu District Corporation |
12. Mufindi | Mufindi District Corporation |
13. Rombo | Rombo District Corporation |
14. Rufiji | Rufiji District Corporation |
15. Serengeti | Serengeti District Corporation |
16. Bariadi | Bariadi District Corporation |
17. Muheza | Muheza District Corporation |
18. Aru Meru | Aru Meru District Corporation |
19. Magu | Magu District Corporation |
20. Kiteto | Kiteto District Corporation |
21. Kilombero | Kilombero District Corporation |
22. Nachingwea | Nachingwea District Corporation |
23. Tanga | Tanga District Corporation |
24. Usambara | Usambara District Corporation |
25. Korogwe | Korogwe District Corporation |
26. Handeni | Handeni District Corporation |
27. Dodoma | Dodoma District Corporation |
28. Mwanza | Mwanza District Corporation |
29. Moshi | Moshi District Corporation |
30. Singida | Singida District Corporation |
31. Dar es Salaam | Dar es Salaam Development Corporation |
32. Morogoro | Morogoro District Corporation |
33. Musoma | Musoma District Corporation |
34. Iringa | Iringa District Corporation |
35. Bukoba | Bukoba District Corporation |
36. Arusha | Arusha District Corporation |
37. Tabora | Tabora District Corporation |
38. Mbeya | Mbeya District Corporation |
39. Lindi | Lindi District Corporation |
40. Mtwara | Mtwara District Corporation |
41. Kigoma | Kigoma District Corporation |
42. Pare | Pare District Corporation |
43. Shinyanga | Shinyanga District Corporation |
44. Songea | Songea District Corporation |
45. Pangani | Pangani District corporation |
46. Masasi | Masasi District Corporation |
47. Rungwe | Rungwe District Corporation |
48. Nzega | Nzega District Corporation |
49. Mpwapwa | Mpwapwa District Corporation |
50. Kilwa | Kilwa District Corporation |
51. Chunya | Chunya District Corporation |
52. Tarime | Tarime District Corporation |
53. Njombe | Njombe District Corporation |
54. Hanang | Hanang District Corporation |
55. Maswa | Maswa District Corporation |
56. Mbozi | Mbozi District Corporation |
57. Sumbawanga | Sumbawanga District Corporation |
58. Kahama | Kahama District Corporation |
59. Iramba | Iramba District Corporation |
60. Ukerewe | Ukerewe District Corporation |
61. Newala | Newala District Corporation |
62. Ngara | Ngara District Corporation |
63. Tunduru | Tunduru District Corporation |
64. Kisarawe | Kisarawe District Corporation |
65. Kilosa | Kilosa District Corporation |
66. Kondoa | Kondoa District Corporation |
67. Ulanga | Ulanga District Corporation |
68. Mbinga | Mbinga District Corporation |
69. Kibondo | Kibondo District Corporation |
70. Masai | Masai District Corporation |
71. Liwale | Liwale District Corporation. |
G.N. No. 420 of 1992
1. This Order may be cited as the Kasulu District Corporation (Dissolution) Order.
2. In this Order–
"Corporation" means the Kasulu District Corporation;
"Council" means the Kasulu District Council;
"effective date" means the date when this Order is published in the Gazette.
3. The Kasulu District Corporation is dissolved.
4. As from the effective date all the assets and liabilities of the Corporation shall vest by virtue of this Order, and without further assurance, in the Council.
5. (1) All instruments to which the Corporation is a party shall with effect from the effective date and by virtue of this Order, continue in full force and effect as if the Council were substituted for the Corporation, and all rights and liabilities of the Corporation, under any such instrument shall vest in the Council.
(2) Where in any instrument the Corporation is not a party but reference is made to the Corporation, every such reference shall be construed as if it were a reference to the Council.
6. For the avoidance of doubt and without prejudice to any of the other provisions of this Order the Council shall have and may exercise all such powers necessary or expedient to take possession and recover property, to ascertain, perform and enforce any right, and to discharge any liability or obligation, conferred or imposed on the Council by this order and which could have been exercised by the Corporation had this Order not been made.
7. (1) Nothing in this Order shall be construed–
(a) as validating or ratifying any instrument to which this Act relates;
(b) as creating in favour of or against the Council or any other party any right or liability under any instrument to which this Order relates which is a right or liability conferred or imposed under such instrument;
(c) as receiving in favour of or against the Council or any other party any right or liability conferred or imposed upon the Corporation or such other party under any instrument to which this Order relates which has ceased to be legally enforceable to the effective date.
(2) Any action or other proceeding pending or instituted by or against the Council at the effective date of any asset or liability transferred to the Council by this Order or under any instrument to which this Order relates may be instituted or continue and completed by or against the Council.
8. All references in any written law to the Corporation shall be construed as reference to the Council.
(Section 14)
[1st March, 1991]
G.N. No. 54 of 1991
1. This Order may be cited as the District Corporations (Dissolution) Order and shall come into operation on the first day of March, 1991.
2. In this Order–
"Corporations" means District Corporations appearing in the first column of the Schedule to this Order;
"Councils" means local authorities appearing in the second column of the Schedule to this Order;
"effective date" means the first day of March, 1991.
3. District Corporations appearing in the first column to the Schedule of this Order are hereby dissolved.
4. As from the effective date, all assets and liabilities of the District Corporations appearing in the first column of the Schedule to this Order shall vest by virtue of this Order, and without further assurance, in the local authorities appearing in the second column of the Schedule to this Order.
5. (1) All instruments to which the Corporations are a party shall with effect from the effective date and by virtue of this Order, continue in full force and effect as if the Councils were substituted for the Corporations, and all rights and liabilities of the Corporations under any such instruments shall vest in the Councils.
(2) Where in any instrument the Corporations are not a party but reference is made to the Corporations, every such reference shall be construed as if it were a reference to the Council.
6. For the avoidance of doubt and without prejudice to any other provisions of this Order the Councils shall have and may exercise all such powers necessary or expedient to take possession and recover property to ascertain, perform and enforce any right, and to discharge any liability or obligation, conferred or imposed on the Councils by virtue of this Order, and deal with, as the Corporations would have had and could have exercised had this Order not been made.
7. (1) Nothing in this Order shall be construed–
(a) as validating or ratifying any instrument or other provisions of any instrument to which this Act relates;
(b) as creating in favour of or against the Councils or any instrument to which this Order relates which is not a right or liability conferred or imposed under such instrument;
(c) as reviving in favour of or against Councils or any other party any right or liability conferred or imposed upon Corporations or such other party under any instrument to which this Order relates which has ceased to be legally enforceable on the effective date.
(2) Any action or other proceeding pending or instituted by or against any Council at the effective date in respect of any asset or liability transferred to a Council by this Order or under any instrument to which this Order relates may be instituted or continued and completed by or against councils.
8. All references in any written law to Corporations shall be construed as reference to Councils.
SCHEDULE
District Corporations | Local Authorities |
1. Arumeru ..................... | Arumeru |
2. Iramba ....................... | Iramba |
3. Iringa ......................... | (a) Iringa Municipal Council |
(b) Iringa District Council |
|
4. Kilosa ....................... | Kilosa |
5. Kilwa ........................ | Kilwa |
6. Kisarawe ................... | Kisarawe |
7. Korogwe ................... | Korogwe |
8. Magu ....................... | Magu |
9. Masasi ..................... | Masasi |
10. Mbeya ..................... | (a) Mbeya Municipal Council |
(b) Mbeya District Council |
|
11. Mbulu ...................... | Mbulu |
12. Kilimanjaro District Development Corporation | (a) Moshi Municipal Council |
(b) Moshi District Council |
|
(c) Hai District Council |
REGULATIONS
G.N. No. 53 of 1976
1. Citation
These Regulations may be cited as the District Corporations (Boards of Directors) (Composition and Proceedings) Regulations.
2. Interpretation
In these Regulations, unless the context otherwise requires–
"Act" means the District Development Corporations Act *;
"Board", in relation to a Corporation, means the Board of Directors in which the management and functions of that Corporation are vested by the Order made under section 3 of the Act establishing the Corporation;
"Corporation" means a District Corporation established under section 3 of the Act;
"member" in relation to Board means the member of the Board and includes its chairman.
3. Composition of Boards of Directors
The Board of every Corporation shall consist of–
(a) a chairman to be appointed by the Prime Minister after consultation with the District Development Council of the district for which the Corporation is established:
Provided that where a Corporation has been established for two or more districts the Chairman shall be appointed after consultation with the Regional Development Committee of the region within which such districts are situate;
(b) the following other members namely–
(i) the District Development Director of the District for which the Corporation is established, or in the case of a Corporation established for two or more districts, the District Development Directors of all such districts;
(ii) a person nominated by the Co-operative Rural Development Bank to represent that Bank on the Board;
(iii) two persons elected by the workers of the Corporation;
(iv) the District Branch Manager of the National Bank of Commerce appointed for the district in the case of a Corporation established for two or more districts, the District Branch Managers of all such districts;
(v) such of the officers of the district or districts for which the Corporation is established as the chairman may, after consultation with other members of the Board, co-opt as members of the Board;
(vi) not more than three members of the Districts Development Council of the District for which the Corporation is established nominated in that behalf by the Council:
Provided that where a Corporation is established for two or more districts the District Development Council of each of such district, shall nominate three of its members and the persons so nominated shall be the members of the Board;
(vii) a person nominated by any of financial institution actually involved in the financing of the District Corporations.
4. Tenure of office of members of Board
(1) Where a person is a member of the Board of a Corporation by virtue of his holding some other office, he shall continue to be a member of the Board for so long as he holds such other office and upon his ceasing to hold such other office the person who succeeds him in that office shall be a member of the Board in his stead.
(2) Subject to the provisions of subparagraph (1) of Regulation 3 a member of the Board who has been nominated under the provisions of subparagraph (vi) of paragraph (b) of Regulation 3 shall hold office for a period of three years from the date of his nomination.
(3) Notwithstanding the foregoing provisions of these Regulations the Minister may at any time terminate the appointment of any member and appoint another member in his stead, and any person so appointed as a member shall hold office for such duration and upon such terms as the Minister may specify.
5. Appointment of temporary member
Where any member of a Board is by reason of illness, infirmity or absence from the United Republic, is unable to attend any meeting of the Board the Prime Minister may appoint a temporary member in his place and such temporary member shall cease to hold office on the resumption of office of the substantive member.
6. Vice-Chairman
Every Board shall elect one of its members to be the Vice-Chairman of the Board and any member so elected shall, subject to his continuing to be a member hold office of Vice-Chairman for a term of two years from the date of his election and shall be eligible for re-election.
7. Secretary
(1) The Director-General of the Corporation shall be the Secretary of the Board.
(2) The Secretary, if not a member of the Board, shall be entitled to attend the meetings of the Board, but shall not be entitled to vote.
8. Mode of convening meeting
(1) An ordinary meeting of the Board shall be convened and time of the meeting shall be sent to each member at his usual place of business or residence within not less than seven days before the date of such meeting and in case the Chairman is unable to act by reason of illness, absence from the United Republic, or other sufficient cause, the Vice-Chairman may convene such meeting.
(2) The Chairman, or in his absence, the Vice-Chairman shall be bound to convene a special meeting of the Board upon receipt of a request in writing in that behalf signed by not less than six members of the Board and not less than fourteen days' notice of such meeting shall be given to all members of the Board in the manner prescribed in paragraph (1).
(3) The Chairman, the Vice-Chairman, or the temporary Chairman elected in accordance with the provisions of paragraph (2) of regulation 10 presiding at any meeting of the Board may invite any person who is not a member to participate in the deliberations of the Board, but any such person shall not be entitled to vote.
9. Frequency of meetings
The Board shall meet at least once every three months.
10. Quorum and procedure
(1) One-half of the total number of the members of a Board or six members, whichever is the less number shall form a quorum for a meeting of a Board.
(2) In the absence of the Chairman from a meeting of a Board the Vice-Chairman shall preside and in the absence of both the Chairman and the Vice-Chairman from any meeting, the members present shall elect one of their number to be a temporary chairman of that meeting.
(3) At any meeting of the Board, a decision of the majority of its members present and voting shall be deemed to be a decision of the Board and in the event of an equality of votes, the Chairman of the meeting shall have a casting vote in addition to his deliberative vote.
11. Decision by circulation of paper
Notwithstanding the provisions of Regulation 10 where the Chairman, or in his absence, the vice-chairman, so directs, a decision may be made by the Board without a meeting by circulation of the relevant papers among all the members and the expression in writing of their views, shall be the decision of the Board but any member shall be entitled to require that any such decision shall be deferred until the subject matter is considered at a meeting of the Board.
12. Minutes of meetings
Minutes in proper form of each meeting of a Board shall be recorded and maintained by the Secretary and shall be confirmed by the Board at the next meeting and signed by the Chairman of the meeting.
13. The seal of the Corporation
The seal of the Corporation shall not be affixed to any instrument except in the presence of the Director-General or such other officer of the Corporation as the Board may appoint in that behalf.
14. Board may regulate its own proceedings
Subject to the provisions of these Regulations, a Board may regulate its own proceedings.
15. Proceedings not to be invalid by reason of irregularity
No act or proceeding of a Board shall be invalid by reason only of the number of members not being complete at the time of such act or proceeding; or of any defect in the appointment of any member or of the fact that any member was at the time disqualified or disentitled to act as such.
16. Delegation by Prime Minister
It shall be lawful for the Prime Minister by writing under his hand to delegate to the Regional Commissioner or any other public officer any of his powers under these Regulations in relation to a Board specified in such delegation or in relation to all the Boards generally. {/mprestriction}