CHAPTER 132
KARIAKOO MARKET CORPORATION ACT
[SUBSIDIARY LEGISLATION]
INDEX TO SUBSIDIARY LEGISLATION
BY-LAWS
ARRANGEMENT OF BY-LAWS
By-law
Title
PART I
PRELIMINARY
1. Title.
2. Application.
3. Interpretation.
PART II
WHOLESALE
4. Wholesale business in Dar es Salaam to be in specified market.
5. Application for permit for wholesale business.
6. Corporation may issue special permit.
7. Application for special permit.
8. Register of dealers.
9. Duration of permit.
10. Dealer's identification card.
11. Corporation to levy charge.
12. Clearing of display and wholesale area.
PART III
RETAIL BUSINESS
13. Restriction on retail business.
14. Application for licence of shop or stall.
15. Duration of licence.
16. Restriction on transfer of shop and stall.
17. Time for payment of fees.
18. Termination of licence.
PART IV
MARKET, HYGIENE AND ORDER
19. Enforcement of health regulations.
20. Everybody to observe health rules.
21. Hygiene of foodstuff.
22. Seizure of adulterated food.
23. Prohibition of infected persons.
24. Order in market.
PART V
MISCELLANEOUS
25. Exclusion of hawkers.
26. Exclusion of beggars.
27. Exclusion of pets.
28. Control of traffic.
29. Misuse of permit or licence.
30. When market to be open.
31. Offences.
SCHEDULE
THE KARIAKOO MARKET CORPORATION BY-LAWS
(Section 15)
G.N. No. 148 of 1976
PART I
PRELIMINARY (bylaws 1-3)
1. Title
These By-laws may be cited as the Kariakoo Market Corporation By-Laws.
2. Application
These By-laws shall apply to all specified markets.
3. Interpretation
In these By-laws, unless the context otherwise requires–
"Corporation" means the Kariakoo Market Corporation;
"dealer" means a person who is permitted by the Corporation to conduct wholesale business in schedule products;
"Schedule product" means any of the agricultural products specified in the Schedule, but does not include any derivative of such product which has been subjected to any manufacturing process;
"specified market" means the Kariakoo Market and includes any other market the control and management of which is vested in the Corporation;
"wholesale business" means the habitual sale of products to another person for the purpose of resale.
PART II
WHOLESALE BUSINESS (bylaws 4-12)
4. Wholesale business in Dar es Salaam to be in specified market
Every wholesale business in a schedule product within Dar es Salaam Region, shall be conducted in a specified market:
Provided that this By-law shall not apply to–
(a) any wholesale business in a schedule product conducted by a parastatal organisation; and
(b) any sale on wholesale basis of a schedule product to a parastatal organisation.
5. Application for permit for wholesale business
(1) No person shall conduct wholesale business in a specified market except with a permit issued by of the Corporation.
(2) Every person wishing to conduct wholesale business in any schedule product in a specified market, shall apply to the Corporation for a permit and for registration in the manner prescribed by the Corporation.
(3) Where a permit is issued–
{mprestriction ids="1,2,3"}
(a) the applicant shall pay to the Corporation a registration fee; and
(b) the Corporation shall register the applicant as a dealer.
6. Corporation may issue special permit
(1) Notwithstanding By-law 4, the Corporation may issue a special permit to any applicant who wishes to conduct wholesale business in a schedule product outside a specified market.
(2) Where the Corporation issues a special permit under this By-law, the Corporation may impose such conditions as it deems necessary.
7. Application for special permit
(1) Any person who wishes to conduct wholesale business in a schedule product outside a specified market shall apply for a special permit in the manner prescribed by the Corporation.
(2) A person issued with a special permit under By-law 6, shall pay to the Corporation the levy, dues or fees payable by a dealer conducting wholesale business in a specified market.
8. Register of dealers
The Corporation shall keep and maintain a "Register of Dealers" in which the name of every dealer shall be entered showing against the name:
(a) the address;
(b) the date on which the permit was granted;
(c) the type of schedule product which the dealer is permitted to sell; and
(d) such other particulars as the Corporation may determine.
9. Duration of permit
Every permit shall be in force for a period of six months from the date of registration and may, subject to any conditions determined by the Corporation, be renewed.
10. Dealer's identification card
(1) The Corporation shall issue identification cards to all dealers.
(2) Any dealer shall, when required to do so by a person authorised by the Corporation in that behalf, produce the identification card for inspection by that person.
11. Corporation to levy charge
(1) The Corporation shall levy a charge on schedule products sold by a dealer in a specified market.
(2) The levy shall be at a flat rate not exceeding eight per centum of the proceeds of daily sales.
12. Clearing of display and wholesale area
(1) Goods once sold shall promptly be removed from the display area.
(2) If goods already purchased remain in the area where they have been offered for sale for more than one hour, the Corporation may seize and store them at the expense and risk of the owner or person in charge the goods.
(3) Where a dealer fails to sell all the products at the close of the market for the day, the dealer shall either request the Corporation to store the products at the dealer's expense or to remove the unpurchased products from the wholesale area.
(4) Expenses payable under paragraph (2) and (3) shall be fixed by the Corporation.
PART III
RETAIL BUSINESS (bylaws 13-18)
13. Restriction on retail business
(1) Every retail business in a specified market shall be conducted in a shop or in a stall provided by the Corporation.
(2) Every article offered for sale in a specified market shall be offered only in a shop or in a stall provided for retail business.
14. Application for licence of shop or stall
Any person who wishes to conduct retail business in a specified market, shall apply to the Corporation for a licence to occupy a shop or a stall in the manner prescribed by the Corporation.
15. Duration of licence
(1) A licence in respect of a stall shall remain in force for one year.
(2) A licence in respect of a shop shall be granted for such period as may be agreed upon between the Corporation and the licensee.
(3) A licence in respect of a shop or stall shall entitle the licensee to use the shop or stall, as the case may be, for the retail business authorised by the Corporation and specified in the licence, but no such licence shall operate so as to confer upon the licensee any tenancy or other interest in respect of the shop or the stall.
(4) Every licence shall be subject to these By-laws and to such other conditions as the Corporation may impose.
16. Restriction on transfer of shop and stall
A licensee of a shop or stall shall not transfer, exchange or sub-let the shop or stall except with the written consent of the corporation.
17. Time for payment of fees
All licence, fees, levies and dues shall be paid to the Corporation one month in advance of the month in respect of which they are payable.
18. Termination of licence
(1) Notwithstanding the provisions of By-law 15 and subject to paragraph (2) of this By-law–
(a) a licence in respect of a stall may be terminated by either party upon giving one month's notice; and
(b) a licence in respect of a shop may be terminated by either party in such manner as shall be agreed upon between the Corporation and the licensee at the time the licence is granted.
(2) The Corporation may terminate without notice a licence in respect of any shop or stall if the licensee–
(a) habitually disregards these By-laws;
(b) is convicted of an offence under these By-laws; or
(c) fails, refuses or delays to pay any moneys payable to the Corporation for a period of more than one month.
(3) Where a licence is terminated under paragraph (2), the licensee shall not be entitled to a refund of rent paid or to any other compensation and shall deliver to the Corporation vacant possession of the shop or the stall, within six hours of being informed in writing of the termination of the licence.
(4) Where a licensee cannot, for any reason be personally informed of the Corporation's termination of the licence, the Corporation shall cause a written notice to be displayed in a conspicuous position on the outside of the shop or stall and where such notice has been so displayed for twenty-four hours the licensee shall be deemed to have been personally informed of the contents.
(5) Where a licensee fails to deliver vacant possession of the shop or stall in accordance with paragraph (3) or (4), the Corporation may enter such shop or stall and, if there is any property of the licensee within the premises, the Corporation shall store the property at the risk of the licensee and, subject to payment of the storage fee, release them to the licensee:
Provided that when the licensee fails to pay the storage fee within six months of the termination of licence, the property shall be forfeited to the Corporation.
PART IV
MARKET, HYGIENE AND ORDER (bylaws 19-24)
19. Enforcement of health regulations
The Corporation shall enforce within specified markets, all health regulations issued by Government Health Authorities.
20. Everybody to observe health rules
Every person engaged in any business on the premises of a specified market, shall observe all such rules of health as may be issued by Government Health Authorities or by the Corporation.
21. Hygiene of foodstuff
(1) Every person engaged in selling meat or cooked foodstuff shall at all times wear a clean washable uniform.
(2) Every person who sells cooked foodstuff shall provide a proper washbasin where a sink is not provided by the Corporation, provide soap and a supply of clean towels for the washing of plates, cups, sauces and other utensils.
22. Seizure of adulterated food
(1) Where the Corporation considers that any cooked food, drink or other edible article offered or exposed for sale at any shop or stall, is unfit for human consumption, the Corporation may seize and cause to be destroyed such food, drink or other edible article.
(2) Where such cooked food, drink or other edible article is seized the owner or person in charge thereof shall not be entitled to any compensation.
(3) Where the Corporation seizes and causes any cooked food, drink or other edible article to be destroyed, the Corporation shall issue a certificate to signify destruction to the owner or person in charge of the food, drink or other edible article destroyed.
23. Prohibition of infected persons
No person suffering from any infectious or contagious disease shall be employed or conduct business within or around the premises of a specified market.
24. Order in market
No person shall, within a specified market–
(a) interfere with or molest any other person or cause any disturbance or obstruction or use any obscene or offensive language;
(b) wilfully damage, deface, foul or misuse any part of a specified market or damage, tamper with, deface, destroy or remove any notice;
(c) affix, place or post or cause to be affixed or placed or posted any bill, placard or notice, without the permission of the Corporation or of a person acting on the authority of the Corporation.
PART V
MISCELLANEOUS (bylaws 25-31)
25. Exclusion of hawkers
No person shall conduct business of a hawker on a street, pavements or in any other place not provided for such business within or surrounding the premises of a specified market.
26. Exclusion of beggars
No person shall, within the premises of a specified market, solicit alms or beg for money or food.
27. Exclusion of pets
No person shall bring a cat, dog or any other pet into the premises of a specified market.
28. Control of traffic
Subject to the provisions of the Road Traffic Act *, the Corporation shall regulate and control all form of vehicular traffic entering, leaving or on the premises of a specified market.
29. Misuse of permit or licence
No person permitted to conduct wholesale business in a specified market shall conduct retail business and no person licensed to conduct retail business shall engage in wholesale business within the premises of a specified market.
30. When market to be open
(1) Subject to paragraph (3) the wholesale business area of a specified market shall be open to the public between 6.00 a.m. and 9.00 a.m. and between 3.00 p.m. and 5.00 p.m. from Monday to Saturday and between 6.00 a.m. and 9.00 a.m. on Sundays.
(2) Subject to paragraph (3) the retail business area of a specified market shall be open to the public between 6.00 a.m. and 6.00 p.m. every day.
(3) The Corporation may, depending on the exigencies of business, alter the hours specified in paragraphs (1) and (2).
31. Offences
(1) Any person who contravenes any provision of these By-laws or fails to comply with any lawful directions given by the Corporation or by a person authorised by the Corporation in that behalf, is guilty of an offence and is liable on conviction to a fine not exceeding five thousand shillings or to imprisonment for a term not exceeding two years or to both.
(2) Where the person convicted of an offence against these By-laws is a dealer or a holder of licence granted under By-law 14 the Corporation may withdraw the permit or terminate the licence.
(3) Where any person is convicted of an offence under these By-laws, any goods in relation to which the offence was committed shall be forfeited to the Corporation.
SCHEDULE
(By-law 3)
A. STAPLE FOODS
Green bananas
Cassava roots
Finger millet
Irish potatoes
Sweet potatoes
Coconuts
Green maize
B. VEGETABLES
Cabbages
Carrots
Cauliflower
Cowpeas
Fresh beans
Lettuce
Peas
Pepper (Sweet hot)
Pigeonpeas
Spinach
Tomatoes
Okra
Onions
C. FRUITS
Apples
Avocado
Grapefruit
Limes
Mangoes
Oranges
Pears
Pineapples
Pawpaws
Plums
Ripe bananas
Rough lemons
Tangerine
D. OTHER FOODS
Dried fish
NOTE: A Swahili Version of these By-Laws has also been published as G.N. 148 of 1976 but has been omitted from the Revised Edition to avoid duplication.
ORDERS
(G.N. No. 30 of 1978 omitted and incorporated into subsection (1) of section 8 of the Principal Legislation.)
REGULATIONS
(Section 5(6))
G.N. No. 193 of 1975
1. Short title
These Regulations may be cited as the Kariakoo Market Corporation (Board of Directors) Regulations.
2. Interpretation
In these Regulations, unless the context otherwise requires–
"Act" mean the Kariakoo Market Corporation Act *;
"Board" means the Board of Directors established under section 5 of the Act;
"Minister" means the Minister for the time being responsible for regional administration.
3. Tenure of office
(1) A member of the Board shall unless, the appointment is revoked or otherwise ceases to be a member, hold office for such period as may be specified in the terms of appointment or if no period is so specified, for a period of two years from the date of appointment and, may be eligible for reappointment.
(2) If any member of the Board is, without the permission of the Board, absent from more than three consecutive meetings of the Board, that member shall, unless the Minister otherwise directs, cease to be a member.
4. Resignation
A member of the Board may at any time resign by giving notice in writing to the Minister and from the date specified in the notice or, if no date is specified, from the date of the receipt by the Minister of the notice, the member shall cease to be a member.
5. Meetings
(1) The Board shall meet at least once every six months and at such other times as may be necessary or expedient for the transaction of its business.
(2) All meetings of the Board shall be convened by the Chairman or, in his absence from the United Republic or inability to act by the deputy chairman, who shall appoint a suitable time, place and date for the holding of each meeting.
(3) The Chairman or in his absence the deputy chairman shall preside at the meetings of the Board and in the absence of both the Chairman and deputy chairman from a meeting, the members present shall elect one of their number to be the chairman of that meeting.
6. Procedure at meetings
(1) The quorum necessary for any meeting of the Board shall be such number, being not less than three, as the Board may determine.
(2) All acts, matters and things, authorised to be done by the Board shall be decided by a resolution at a meeting of the Board at which a quorum is present.
(3) Subject to paragraph (2), a decision of the majority of the members present and voting at a meeting of the Board shall be deemed to be a decision of the Board.
(4) Every member of the Board shall have one vote and in the event of an equality of votes, the chairman of the meeting shall have a second or a casting vote, in addition to the deliberative vote.
(5) Notwithstanding the provisions of paragraph (2) of this regulation, where the Chairman or, in his absence from the United Republic or inability to act, the deputy 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, 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.
7. Minutes
Minutes of each meeting of the Board shall be kept and shall be submitted to the Board at its next meeting and if confirmed by the members, shall be signed by the chairman of the meeting.
8. Duty to declare interest
If a member of the Board has any pecuniary interest, direct or indirect, in any contract, proposed contract, project or other matter and is present at a meeting of the Board or a committee of the Board at which the contract, project or other matter is the subject of consideration, the member shall as soon as practicable before such consideration disclose the pecuniary interest and shall not take part in or be present at the consideration or discussion of, or vote on any question with respect to, the contract, project or matter:
Provided that contravention of the provisions of this regulations shall not invalidate any decision taken by the Board or, as the case may be, the committee, if the Minister, after due inquiry certifies in writing that having regard to all the circumstances, such decision is not detrimental to the interests of the Corporation.
9. Seal
(1) The seal of the Corporation shall be of such shape, size and form as the Board may determine.
(2) The seal shall not be used except in pursuance of a resolution of the Board and shall be authenticated by the signature of the Chairman of the Board or of the General Manager or by any member of the Board authorised to act in that behalf by the Board.
10. Execution of documents
All certificates, deeds, instruments, contracts and other documents, including bills of exchange and promissory notes, shall be deemed to be duly executed by or on behalf of the Corporation–
(a) if sealed with the common seal of the Corporation and signed by two members of the Board or by a member of the Board and the General Manager; or
(b) if executed in that behalf by a member of the Board and the General Manager or some other member of the staff of the Corporation authorised for that purpose by the Board. {/mprestriction}