[SUBSIDIARY LEGISLATION]
INDEX TO SUBSIDIARY LEGISLATION
RULES
(Section 29)
[1st November, 1966]
G.Ns. Nos.
310 of 1966
327 of 1966
1. Citation
These Rules may be cited as the Hire Purchase Rules.
2. Legal requirements
Every hire purchase agreement required to be registered by the Hire Purchase Act *, shall–
(a) be printed or typed on foolscap paper with a one-inch margin and headed "Hire Purchase Agreement";
(b) have the hire purchase price written in words as well as in figures;
(c) specify the cash price of the goods subject to the agreement;
(d) contain a detailed description of the goods subject to the agreement;
(e) where there is a contract of guarantee related to the hire purchase agreement, specify the full names and addresses of the guarantors;
(f) where the agreement is made in a language other than Kiswahili, be accompanied by a true and correct Kiswahili translation of the agreement;
(g) contain a statement that the agreement is subject to the Hire Purchase Act; and
(h) where necessary, be duly stamped in accordance with the provisions of the Stamp Duty Act *.
3. Fees
The fees specified in the First Schedule to these Rules shall be payable on registration of a hire purchase agreement.
4. Forms
The forms in the Second Schedule to these Rules, where applicable, and where they are not applicable forms of a like character with such variation as circumstances may require, shall be used.
FIRST SCHEDULE
FEES
(Rule 3)
Hire Purchase Price | Fees |
Not exceeding Shs. 1,000/- {mprestriction ids="1,2,3"} | Shs. 5/- |
Exceeding Shs. 1,000/- but not exceeding Shs. 5,000/- | Shs. 10/- |
Exceeding Shs. 5,000/- but not exceeding Shs. 10,000/- | Shs. 15/- |
Exceeding Shs. 10,000/- but not exceeding Shs. 20,000/- | Shs. 20/- |
Exceeding Shs. 20,000/- but not exceeding Shs. 40,000/- | Shs. 40/- |
Exceeding Shs. 40,000/- but not exceeding Shs. 60,000/- | Shs. 60/- |
SECOND SCHEDULE
FORMS
(Rule 4)
FORM I
CERTIFICATE OF REGISTRATION
THE UNITED REPUBLIC OF TANZANIA
THE HIRE PURCHASE ACT
Hire Purchase Form No. 1A | |
Given under my hand at Dar es Salaam this .................. day of ..................... 20....... |
|
|
SCHEDULE |
Description of Goods |
........................................................................................................................................ ........................................................................................................................................ ........................................................................................................................................ ........................................................................................................................................ ........................................................................................................................................ |
FORM II
APPLICATION FOR THE REGISTRATION OF A HIRE PURCHASE AGREEMENT UNDER SECTION 5
THE UNITED REPUBLIC OF TANZANIA
THE HIRE PURCHASE ACT
Hire Purchase Form No. 1B |
To: The Registrar of Hire Purchase, |
|
THIRD SCHEDULE
RIGHT OF HIRER TO TERMINATE AGREEMENT
(Section 6(2)(c))
Hire Purchase Form No. 2 |
NOTICE |
1. The hirer may put an end to this agreement by giving notice of termination in writing to any person who is entitled or authorised to collect or receive the payment. |
2. The hirer must then pay instalments which are in arrears at the time when he gives notice, where the hirer has paid these instalments, the total amount which has been paid under the agreement is less than ................................................................ (here insert the minimum amount which the hirer is required to pay in accordance with the provisions of section 14 of the Hire Purchase Act *), the hirer must also pay enough to make up that sum. |
3. If the goods, have been damaged owing to the hirer having failed to take reasonable care of them, the owner may sue for the amount of the damage unless that amount can be agreed between the hirer and the owner. |
4. Where an agreement contains provisions allowing the hirer to put an end to the agreement on terms more favourable to him than those specified in this Notice the hirer may put an end to the agreement on those terms. |
Notice to be included in Note or Memorandum of Hire Purchase Agreement |
RESTRICTION OF OWNER'S RIGHT TO RECOVER GOODS |
1. After ................................................................................................................. (here insert an amount calculated in accordance with the provisions of section 18 of the Hire Purchase Act) has been paid, then, unless the hirer has himself put an end to the agreement, the owner of the goods cannot take them back from the hirer without the hirer's consent unless the owner obtains an order of the court. |
2. If the owner applies to the court for such an order, the court may, if the court thinks it just to do so– |
(a) make an order for the specific delivery of all the goods to the owner; or |
(b) make an order for the specific delivery of all the goods to the owner, but postpone the operation of the order on condition that the hirer pays the unpaid balance of the price in the manner ordered by the court; or |
(c) make an order for the specific delivery of a part of the goods to the owner, having regard to what the hirer has already paid. |