CHAPTER 407
LOCAL AUTHORITIES PROVIDENT FUND ACT
[SUBSIDIARY LEGISLATION]
INDEX TO SUBSIDIARY LEGISLATION
REGULATIONS
TABLE OF CONTENTS
Regulations
Title
PART I
PRELIMINARY PROVISIONS
1. Citation.
2. Omitted.
3. Interpretation.
PART II
REGISTRATION
4. Registration by contributing employer.
5. Registration of depositors.
6. Director-General to provide LAPF registration number.
7. Membership card to depositors.
8. Duplicate Membership Card.
9. Registration of temporary employees.
10. Supplementary contribution.
11. Change of address, name or designation.
PART III
CONTRIBUTIONS
12. Deduction and payment of contributions.
13. Mode of payment.
14. Record of employees.
15. Record of wages and contributions.
16. Deposition of employer's records.
17. Payment of contributions for employees working outside Mainland Tanzania.
18. Payment of contributions for non-citizen.
19. Duty of depositors to contributing employer.
20. Refund of excess contributions.
21. Receipt of refund.
22. Request for review.
23. Penalty.
PART IV
BENEFIT WITHDRAWALS
24. Evidence to support applications for benefits.
25. Application for benefits.
26. Dismissal for misconduct or resignation.
27. Payment of benefits before commencement of these Regulations.
28. Notification of retirement.
29. Evidence to prove claims and authentication.
30. Declaration.
31. Medical examination.
32. In case of death or any event.
33. Payment of benefits.
34. Delivery by post.
PART V
INSPECTION, OFFENCES AND PENALTY
35. Appointment of Inspector.
36. Obstruction, assault or failure to produce document to inspector.
37. Misrepresentation and failure to disclose.
38. Dishonoured cheque and late remittances.
39. Limitation of claims.
40. Limitation of suits against the Board.
41. Procedure to serve notice to the Board.
42. Appeals.
43. Compensation in case of misappropriation of funds.
PART VI
GENERAL PROVISIONS
44. Signing of forms and documents.
45. Incomplete or inaccurate documents.
46. Auditing of Accounts.
47. Proceedings of the Board.
48. Meetings of the Board.
49. Confirmation of minutes of the Board.
50. Chairman's casting vote on equality of votes.
51. Income of the Board.
52. Revocation.
SCHEDULE
THE LOCAL AUTHORITIES PROVIDENT FUND REGULATIONS
(Section 59)
[1st September, 2000]
G.N. No. 298 of 2000
PART I
PRELIMINARY PROVISIONS (regs 1-3)
1. Citation
These Regulations may be cited as the Local Authorities Provident Fund Regulations.
2. Commencement
Omitted.
3. Interpretation
In these Regulations, unless the context otherwise requires–
"Act" means the Local Authorities Provident Fund Act *;
"attesting witness" means and includes a Judge or Magistrate, an Advocate or generally a Notary Public and Commissioner for Oaths;
"benefit" means benefit received by a person or depositor under the Act;
"Board" means the Board of Trustee of the Fund established under section 11 of the Act;
"bonus" means a sum credited to an individual depositor's account apart from the depositor's contribution or accrued by way of interest from deposits;
"claim" means a claim made by a person who is a depositor applying to the Fund for a benefit under the Act;
"contributing employer" means a Local Government Authority, the Local Government Loans Board, the Local Authorities Provident Fund, an Institution under ownership of a local government authority or any other institution which may elect to join the Fund by contributing to it in accordance with the provisions of the Act;
"code number" means a number issued in respect of each contributing employer;
"contributing period" means intervals where wages are paid to an employee at intervals of more than a fortnight, the month during which the wages are paid or at intervals of more than a week but more than a fortnight, the fortnight with the last days of a week in which the wages are paid or at intervals of a week or less except for daily paid employee the week in which wages are paid or daily, the day on which wages are paid: Provided that, where wages are paid in advance to an employee, the contributing period shall be deemed to be appropriate period to which the wages relate and, if the wages relate to more than one such periods, each such period shall be deemed to be a contributing period;
"depositor" means a person in receipt of a salary or wages from the fund of a local government authority, the Local Government Loans Board, the Local Authorities Provident Fund, an institution owned by a local government authority and who is required or permitted to become a depositor in the Fund and any other institution which elects to join the Fund by contributing to the Fund;
"depositor's account" means individual depositor's account into which deposits, bonus and accrued interests thereon are credited;
"Director-General" means the Director-General of the Fund appointed under section 7;
"existing fund" means the Local Authorities Provident Fund established under the Local Government Service Act, 1982 *;
"Fund" means the Local Authorities Provident Fund established under section 4 of the Act;
"fund registration number" means an identification number allocated to a depositor by the Fund;
"Local Government Authority" means a district authority or an urban authority established under the Local Government (District Authorities) Act * and the Local Government (Urban Authorities) Act *;
"Minister" means the Minister for the time being responsible for Local Government:
"member" means an employee who is a depositor of the LAPF or a person registered as such;
"membership card" means the identity card of a depositor with relevant particulars as specified under these Regulations;
"registration" means registration of contributing employers and depositors of the Fund as prescribed in these Regulations;
"reserve account" means an Account established under section 35 of the Act;
"special contribution" means contribution made under section 22 of the Act;
"supplementary contribution" means contribution payable under section 23 of the Act;
"statutory contribution" means contribution payable under section 21 of the Act;
"wages" means remuneration in money paid to an employee under his contract of service or apprenticeship as the case may be and whether agreed to be fixed or determinable at intervals of time.
PART II
REGISTRATION (regs 4-11)
4. Registration by contributing employer
(1) Every contributing employer shall within one month from the date of commencement of the Act, complete and deliver to the Fund the Registration Form LAPF. 1 prescribed in the Schedule to these Regulations.
(2) A contributing employer shall be registered with the Fund by using a code number which shall be provided by the Director-General to the contributing employer who shall be notified after such registration by using Form LAPF. 2.
5. Registration of depositors
(1) Every contributing employer shall within thirty days from the date of commencement of the Act or the date when the person concerned becomes a contributing employer or depositor complete and forward to the Director-General in respect of all his employees registerable as depositor of the Fund.
(2) Every contributing employer under the Act shall cause depositors employed by him to be registered as such with the Fund using Form LAPF. 3.
6. Director-General to provide LAPF registration number
(1) Subject to the provisions of Regulations 4 and 5, it shall be the duty of the Director-General to provide LAPF registration number to every contributing employer and depositor covered under the Act.
(2) An LAPF Registration Card of a depositor as prescribed in the Schedule to these Regulations as Form LAPF. 4 shall bear the following information:
(a) picture of depositor;
(b) name of depositor;
(c) name of contributing employer;
(d) signature of depositor;
(e) signature of Issuing officer.
7. Membership Card to depositors
(1) The Director-General shall forward to every contributing employer a membership card for each depositor to the Fund and every contributing employer to whom such membership card is sent shall within thirty days hand it or cause it to be handed over to the depositor concerned, or if the employee is no longer in his employment the contributing employer shall return it to the Director-General.
(2) The Director-General shall forward to every contributing employer depositor's membership cards using Form LAPF. 5 as prescribed in the Schedule to these Regulations.
8. Duplicate membership card
(1) If the membership card of a depositor is lost or destroyed, the depositor may apply to the Director-General for a duplicate membership card to replace the lost card at a fee as shall be determined by the Board from time to time.
(2) Upon receipt of an application for a duplicate membership card, the Director-General shall proceed to issue a new card which shall be marked the words "Duplicate" and the date of issuance.
9. Registration of temporary employees
The Director-General shall provide a special Form LAPF. 6 for the registration of temporary employees for whom a contributing employer is required to pay special contribution under the Act.
10. Supplementary contribution
(1) The Director-General shall provide registration Form LAPF. 7 to be completed by a contributing employer or depositor who intends to make a supplementary contribution.
(2) Subject to the provisions of subsections (1) and (2) of section 23 of the Act, where a contributing employer or depositor elect to make supplementary contribution to the Fund, the contributing employer or depositor shall not stop to make such supplementary contribution to the Fund except with the permission of the Board.
(3) If the contributing employer or depositor fails to contribute such supplementary contribution, such failure shall be taken to be a default and the sums due to such supplementary contribution which remains to be deposited to the Fund shall be a debt due and shall be recovered in like manner as provided for in the Act.
11. Change of address, name or designation
(1) Where there is a change in the contributing employer's address, business name, or designation, such contributing employer shall within thirty days from the date of such change, notify the Director-General of such change by using the appropriate Form LAPF. 8 prescribed in the Schedule to these Regulations.
(2) Every contributing employer shall notify the Director-General of the date when a depositor ceases to be in his employment and shall furnish to the Director-General such further information as may be required for making known the whereabouts of such depositor.
(3) In case of transfer or change of employment, the contributing employer to whom the depositor has been transferred shall furnish the Director-General with information regarding such transfer or change of employment by using Form LAPF. 9 as prescribed in the Schedule to these Regulations.
PART III
CONTRIBUTIONS (regs 12-23)
12. Deduction and payment of contributions
(1) There shall be made deduction of contribution and paid into the Fund by both contributing employer and depositor.
(2) Every depositor shall contribute to the Fund the sum equivalent to five per centum of his monthly salary which sum shall be deducted by the contributing employer from the depositor's monthly salary.
(3) A contributing employer shall in every month pay to the Fund a sum equal to fifteen per centum of a depositor's monthly salary as contribution under the Act known as bonus.
(4) A depositor's contribution deducted and the contributing employer's bonus shall be paid to the Fund by the contributing employer within one month after the end of each month on which such contribution relates or falls.
13. Mode of payment
All contributions to the Fund shall be paid–
(a) by cheque drawn on any bank in Tanzania, delivered or sent by post to the office, or offices of the Fund as may be designated for that purpose;
(b) in such other manner as the Director-General may authorise in any particular case or cases.
14. Record of employees
Every contributing employer shall keep and maintain a record of employment in which he shall make necessary entries in respect of every person employed by him.
15. Record of wages and contributions
(1) A record of all wages paid including statutory and supplementary contributions payable during the month shall be entered in Form LAPF. 10 set out in the Schedule by the contributing employer and the same shall be forwarded together with the appropriate contributing to the Director-General.
(2) Where a contributing employer employs a temporary employee, he shall pay to the Fund special contribution equal to fifteen per centum of the employees wage to the Fund by using Form LAPF. 11 as prescribed in the Schedule to these Regulations.
(3) Supplementary and special contributions shall be paid to the Fund within thirty days from the date when they become due.
16. Deposition of employer's records
Where a contributing employer intends to close his business, he shall inform the Director-General thirty days before the date of closure of the business and shall submit to the Fund records of payments of contributions and remittances in accordance with the provisions of the Act.
17. Payment of contributions for employees working outside Mainland Tanzania
(1) A contributing employer who assigns an employee to undertake duties pursuant to the contract of service for the employer outside Mainland Tanzania shall notify the Director-General and shall together with the employee be liable to contribute to the Fund as if the employee was in Mainland Tanzania.
(2) The provisions of subregulation (1) shall be subject to any agreement which the Fund may enter into with such organs of other countries concerning mutual arrangements to provide for collection of contributions and payment of benefits for employees working outside Tanzania.
18. Payment of contributions for non-citizens
A contributing employer who employs a non-citizen shall pay to the Fund contributions on his behalf subject to any agreement or contract of service and may make agreement with such organs of other countries concerning mutual arrangements to provide for collection of contributions and payments of benefits for employees working outside Mainland Tanzania.
19. Duty of Depositors to contributing employer
It shall be the duty of every depositor to the Fund to furnish to the contributing employer all necessary information and to produce any document required in completing any form or returns which may be made by an employer under the Act or under these Regulations.
20. Refund of excess contributions
(1) Subject to the provisions of these Regulations, where the Director-General is satisfied that an amount has been paid to the Fund in excess of the amount that was due to be paid, he may, subject to the provisions of subregulation (3), refund the amount so paid in excess to the person by whom it was made.
(2) Where:
(a) the excess payment is not claimed within three years from the date on which it was made; or
(b) the person in respect of whom it was made has withdrawn it as a benefit,
such excess payment shall not be refunded but shall be deemed to have been properly made and be credited to the records of the depositor or depositors in respect of whom it was made.
(3) Where an amount is due to the fund from the person to whom refund of the amount paid in excess would otherwise be made, the Director-General may retain the whole or any part of the excess payment and set it off against the amount due.
(4) No refund shall be made and no amount shall be offset under this regulation except with the consent of the Director-General who may require the person by whom the excess payment was made to make a written application for refund and to furnish such information as he may require to determine the amount of the excess payment and the circumstances in which it occurred.
21. Receipt of refund
Where an excess payment has occurred, any portion of which, has been withheld or deducted from an employee's earnings, the Director-General shall refund to the employee the amount withheld or deducted in excess of the correct amount.
22. Request for review
(1) For the purpose of these Regulations "review" means the act of revisiting the records of a depositor's contributions and the bonus thereof for purposes of ascertaining the correct amount of money to be paid to a depositor.
(2) Where a depositor's contribution is due for withdrawal, and the depositor or heir as the case may be, is dissatisfied with the amount paid by the Fund as the depositor's entitlement, the depositor or heir may call for a review to be undertaken by the Director-General.
(3) A request for review to be filed with the Fund shall be in writing and shall bear the following particulars:
(a) depositor's full name and membership card number;
(b) grounds of review;
(c) statement of additional evidence, if any; and
(d) the name and address of person designated as personal representative by the depositor.
(4) A request for review shall be filed at the headquarters or branch offices of the Fund within sixty days from the date of receipt of the determination of the Fund of the depositor's entitlement.
23. Penalty
(1) Where a contributing employer fails without reasonable cause to remit contributions within thirty days from the date on which they become due, the contributing employer shall be liable to the payment of a penalty being five per centum per month of the contributions which have been delayed, and the Director-General shall have powers to impose such penalty and demand the same from any person or contributing employer.
(2) Where a contributing employer fails to remit contributions as under subregulation 1 of regulation 23, the Director-General shall issue a penalty notice LAPF. 14 as prescribed in the Schedule to these Regulations requiring the defaulter to pay the amount of penalty stated thereof.
(3) Notwithstanding the provisions of these Regulations, the Board shall have power to deal with such a default in like manner as provided under the provisions of the Act to ensure that the contributing employer fulfils his obligations under the Act.
PART IV
BENEFIT WITHDRAWALS (regs 24-34)
24. Evidence to support applications for benefits
Any member who makes a claim for a benefit shall furnish such certificate, documents, information or other evidences as the Director-General may reasonably require in order to establish the identity and the right of that member to the benefit.
25. Application for benefits
(1) A member shall apply for benefits, by completing and delivering to the Director-General Application Forms prescribed in the Schedule to these Regulations together with appropriate supporting documents as prescribed in subregulations 2 and 3 herein below.
(2) In a claim for retirement or withdrawal benefits, the claimant shall furnish to the Director-General the following documents:
(a) application Form LAPF. 12;
(b) membership card;
(c) a letter of notification of retirement or termination or resignation or dismissal as a depositor to the Fund;
(d) two passport photographs of the claimant.
(3) In case of a survivor's benefit, the claimant shall furnish to the Director-General:
(a) a death certificate of the deceased depositor;
(b) application Form LAPF. 13 providing information and particulars of the deceased depositor;
(c) two passport size photographs of the administrator of the deceased estate.
26. Dismissal for misconduct or resignation
A member who is dismissed from employment for misconduct or resigns from employment, shall be paid an amount equal to the total deposits made by him and that of the contributing employer known as bonus together with interest which has accrued thereon.
27. Payment of benefits before commencement of these Regulations
(1) A member who applies and qualifies for retirement, withdrawal or survivor's benefit before the commencement of these Regulations shall be paid his benefits in accordance with the Local Government Provident Fund (Central Board of Management and General Provisions) Regulations, 1983, and the Local Government Provident Fund (Deposits and Withdrawals) Regulations, 1989.
(2) Subject to the provisions of these Regulations a member who qualifies on grounds mentioned above shall be refunded all his contribution and interests accumulated thereof.
28. Notification of retirement
A member who is about to retire shall within six months before the date of retirement, notify in writing, the Director-General of his intention to retire.
29. Evidence to prove claims and authentication
The Director-General may, where he deems necessary, require from any claimant:
(a) such further evidence as is in his opinion necessary to prove the claim for the benefit; and or
(b) the authentication by an attesting witness of the signature of the member to the application for benefit.
30. Declaration
The Director-General may require any person who has made an application for the benefit to make a statutory declaration as to the truth of any statement of fact made by him in his application or in any evidence which may have been submitted along with the application.
31. Medical examination
Where the Director-General reasonably believes that circumstances exist which necessitate that a claimant entitled to any benefit should be medically examined, he may refer the claimant to a Medical Board for examination and may use the report as evidence in deciding the claimant's claim to the benefit.
32. In case of death or any event
(1) The death, retirement or termination of appointment of a member shall be notified to the Director-General by the contributing employer within thirty days from the date of such event.
(2) The notification shall be in such form and manner as shall be specified by the Director-General.
33. Payment of benefits
The Director-General shall pay the benefit of the claimant by cheque or any other suitable instrument of payment he considers expedient and appropriate provided that no payments in relation to benefits shall be made in cash.
34. Delivery by post
(1) The posting of a letter containing an instrument of payment sent to a claimant at the address furnished on the Application Form LAPF. 2 or 13 as the case may be and as prescribed in the Schedule to these Regulations, shall as regards the liability of the Fund, be deemed equivalent to be a delivery of the instrument of the payment to the person to whom the letter was addressed.
(2) Subject to the provisions of subregulation (1) where the instrument of payment is lost or destroyed, the Director-General may for good cause issue a duplicate or other instrument of payment, on production of duty executed indemnity to the Fund.
PART V
INSPECTION, OFFENCES, AND PENALTY (regs 35-43)
35. Appointment of Inspector
(1) It shall be the duty of an Inspector appointed under the Act to inspect at all times and at such places as the Director-General may direct the contributing employer's source records on which the depositor's earnings and contribution reports are based and any other form of information relating to liability to register or to contribute under the Act.
(2) An Inspector who is instructed to inspect a contributing employer shall be issued with a special certificate of inspection contained in Form LAPF. 15 as prescribed in the Schedule to these Regulations by the Director-General under his hand or by a person acting on that behalf empowering the Inspector to carry out inspection on the contributing employer's source records.
(3) A certificate of inspection issued to an Inspector by the Director-General under these Regulations shall bear the stamp of the Director-General and shall be in duplicate.
(4) When an Inspector has carried out the inspection, he shall return the certificate of inspection to the Director-General who shall cause it to be initialled and kept in safe custody.
36. Obstruction, assault or failure to produce document to inspector
Any person who:
(a) obstructs or assaults; or
(b) fails to produce a document to an Inspector,
commits an offence and is liable on conviction to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding two years or to both such fine and imprisonment:
Provided that nothing precludes prosecution to be taken under any law in respect of the offences mentioned in this regulation.
37. Misrepresentation and failure to disclose
Any person who:
(a) misrepresents himself; or
(b) fails to disclose any material facts to the Director-General, Inspector or any officer of the Fund duly instructed,
commits an offence and is liable on conviction to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding two years or to both such fine and imprisonment.
38. Dishonoured cheque and late remittances
Notwithstanding any other provision in these Regulations relating to issuing of false documents by any person or any contributing employer and the punishment provided thereon, the Director-General shall cause to be paid to the Fund by any person or any contributing employer the total amount of contributions which remains unpaid being the subject matter of dishonoured cheque(s) and an interest equal to the current commercial bank rate when payment by a cheque(s) was made for purposes of contributions or other remittances the same became dishonoured by the paying bank for lack of funds or any other irregularity or where payment(s) were late remittance(s) to the Fund.
39. Limitation of claims
Any claim for payment of benefits or any claim payable from the Fund shall survive for a period of ten years from the date on which it accrued.
40. Limitation of suits against the Board
Nothing in the Act shall prejudice the right of the Board to rely upon any written law relating to the limitation of time for bringing proceedings against the Board.
41. Procedure to serve notice to the Board
Document relating to summons, notice, or any other document required or authorized to be served to the Board shall be served by delivering it to or by sending it by registered post addressed to the Director-General at the head office of the Fund.
42. Appeals
All appeals by or against the Board shall, depending on the court of original jurisdiction in any particular matter be brought before and heard by a competent Court exercising appellate jurisdiction.
43. Compensation in case of misappropriation of funds
(1) Where a depositor is convicted by the court of an offence involving misappropriation of funds belonging to the contributing employer and where the court issues an order for compensation an amount equal to the sum misappropriated may, on closing of such depositor's account be deducted from the amount standing to his credit in the Fund and paid as compensation to the contributing employer as the case may be.
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(2) Notwithstanding the provisions of the Act and these Regulations, no deposits, bonus or interest on any deposit shall be assigned or transferred, or be liable to be attached, sequestered or levied upon in respect of any debt or claim as the case may be.
PART VI
GENERAL PROVISIONS (regs 44-52)
44. Signing of forms and documents
A form or document relating to the Fund to be signed by a depositor shall in all cases invariably be marked with the impression of the right and left thumb of the depositor if neither impression can be taken, by such other impression or mark as the Director-General may deem fit and where the depositor is capable of writing, be signed by him.
45. Incomplete or inaccurate documents
(1) If it occurs in the opinion of the Director-General that any document required to be completed under the Act, or under these Regulations is incomplete or inaccurate or is insufficiently clear to identify the person concerned, he may return it to the person concerned along with directions as to how such document should be completed.
(2) The person whose document is incomplete or inaccurate, shall comply with all lawful directives given to him and shall within the time prescribed by the Director-General complete and deliver another document duly corrected to replace the incomplete or inaccurate document.
46. Auditing of Accounts
An Auditor appointed under the Act, shall review periodically and at reasonable times, the contributing employer's books of accounts and the Director-General shall make available all books of accounts, reports, and information for the better carrying out of the auditor's duties.
47. Proceedings of the Board
An act or proceedings of the Board shall not be invalid by reasons only of the existence of any vacancy among its members or defect in the appointment of any of them.
48. Meetings of the Board
(1) The Board shall ordinarily meet for transaction of its business at such place and for such times as it shall consider to be necessary but shall at least meet four times in a year.
(2) The Secretary of the Board shall give each member adequate notice indicating the place and time of such meeting and shall provide records of the proceedings of the previous meeting of the Board.
(3) The Chairman or in his absence the Vice-Chairman or in the absence of both the Chairman and the Vice-Chairman, a member of the Board who shall be elected by the members among themselves shall preside at the meetings of the Board.
(4) The quorum of any meeting of the Board shall be one half of the number of members of the Board and where there is uneven number of members, the quorum shall be made by the next whole number.
(5) Subject to the provision of subregulation (3), the Board may proceed with a meeting notwithstanding any vacancy in its number.
49. Confirmation of minutes of the Board
(1) The Board shall cause to be recorded and kept minutes of all business conducted or transacted at its meeting, and the minutes of each meeting of the Board shall be read and confirmed or amended and confirmed, at the next meeting of the Board and signed by the person presiding at the meeting and the Secretary to the Board.
(2) Any minutes signed, or purporting to have been signed by the person presiding at the meeting of the Board shall in the absence of an error be deemed to be a correct record of the meeting.
50. Chairman's casting vote on equality of votes
(1) Matters proposed at the meeting of the Board shall be decided by majority of the votes of the members present and voting and in event of an equality of votes, the person presiding the meeting shall have a casting vote in addition to his ordinary vote.
(2) Notwithstanding the provisions of subregulation (1), a decision may be made by the Board on any matter without a meeting, by the Director-General in consultation with the Chairman of the Board preparing a paper on such matter and circulating it among the members, and the expressions in writing of the views of the majority of members shall constitute a decision of the Board.
51. Income of the Board
The amount of income of the Board under the provisions of section 30(2) of the Act, shall be as per the Board's Annual Budget but the same shall not exceed 30% of the income from the investments of the Fund.
52. Revocation
[Revokes the Local Government Provident Fund (Central Board of Management and General Provision) Regulations *, and the Local Government Provident Fund (Deposits and Withdrawal) Regulations *.]
SCHEDULE
FORMS
FORM LAPF 1
CONTRIBUTING EMPLOYER'S REGISTRATION CARD
THE UNITED REPUBLIC OF TANZANIA
THE LOCAL AUTHORITIES PROVIDENT FUND ACT (CAP. 407)
(Regulation 4(1))
Name of Contributing Employer: ......................................................................................... |
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Address: ......................................................................... Telephone Number: ................... |
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Fax Number: ......................... E-Mail Address: .................................................................. |
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Registration Certificate Date: ............................... Date of Registration: ............................... |
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Nature of Business: ........................................................................................................... |
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Location of Head Office: | District: .............................. | |
Region: .............................. | ||
Zone: ................................. | ||
First Contributing Due Date:.............................. Number of Current Employees:................. |
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Region Code: ............................................ Institution Code: ............................................. |
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Liability Date:......................................................... |
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Declaration: | ||
I hereby certify that: | ||
(a) The information given above is correct and true. |
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(b) I will complete and submit employee's registration card in respect of employees. |
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(d) I am obliged to comply with the LAPF Regulations relating to the payment of contribution promptly and fully. |
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Full Name: ......................................................................................................... |
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Designation: ....................................................................................................... |
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Signature: .......................................................................................................... |
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Date: ................................................................................................................. |
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Official Stamp: |
FORM LAPF 2
NOTIFICATION OF CONTRIBUTING EMPLOYER'S REGISTRATION
THE UNITED REPUBLIC OF TANZANIA
THE LOCAL AUTHORITIES PROVIDENT FUND ACT (CAP. 407)
(Regulation 4(2))
The Local Authorities Provident Fund, |
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Date ......................................... |
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Ref. No. ...................................................... | |
M/S ............................................................ | |
.............................................................. | |
.............................................................. | |
NOTIFICATION |
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You are hereby notified that you have fulfilled the requirements as provided for under section 4(1) of the LAPF Regulations. I am therefore pleased to inform you that your institution has been registered as a Contributing Employer with Registration Number ...............................You are required to mention your registration number on all occasions when remitting contributions to the Fund. |
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........................................... |
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Caution: | |
• You are required to remit depositor's contributions and bonus payable by yourself to the LAPF every month. |
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• Take note that if such deposits and bonus are not paid within thirty (30) days from the date on which they become due, a penalty of five (5) percent of the contributions and bonus shall be imposed against you. |
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• The Board also is empowered to take other legal actions provided for under the law to make sure that such depositor's contributions, bonus and penalty are deposited to the Fund. |
FORM LAPF 3
DEPOSITOR'S REGISTRATION CARD
THE UNITED REPUBLIC OF TANZANIA
THE LOCAL AUTHORITIES PROVIDENT FUND ACT (CAP. 407)
(Regulation 5(c))
Surname: ............................................... Other Two Names: ............................................. |
Previous or Maiden Name: ....................................................... |
Permanent Address: ......................................................................................................... |
Date of Birth: ......................................................................... |
Place of Domicile: ............................................................................. Sex: (F/M) .............. |
Marital Status (Single/Married/Divorced/Widow/Widower/Separated): .................................... |
Nationality/Tribe: ............................................ National Identity No: ................................... |
Father's Name: .............................................. Mother's Name: .......................................... |
Date of First Appointment: .............................. Name of First Employer: ............................. |
Designation: .................................................. Terms of Employment: ................................ |
Payroll Number: ............................................. Date of Confirmation: .................................. |
Nature of Work: ............................................. Name of Present Employer: ......................... |
Employer's Address: ...................................... Contributing Employer's Tel. No.: ................. |
Employer's Fax No.:........................................ Employer's E–Mail Address: ....................... |
Registration Number of Present Contributing Employer: ....................................................... |
Date of Joining the LAPF:................................. |
Date Contributions Commenced:...................................................... |
Place of Registration: |
Name(s) of Previous Contributing Employer(s): |
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Name | From | To |
Dependants' Biodata: |
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Name | Date of Birth | Sex | Relationship | Address | Birth Certificate Number |
For Official Use Only |
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LAPF Number: ..................................................................................... |
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WITNESSED BY: | |
Name: ...................................................... | Designation: .............................................. |
Signature: ................................................. | Date: ........................................................ |
Any person who for the purpose of obtaining any benefit or refund for himself or some other person knowingly makes any false statements or representation or produces or furnishes or cause to be produced or furnished any document or information which he knows to be false in a material particular, commits an offence under the Local Authorities Provident Fund Act No. 6 of 2000. |
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I certify and declare that all my particulars as recorded above are correct and true and in accordance with my Identity Card. |
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I certify that the particulars of the employee as recorded above are correct and true and in accordance with his/her Right and Left Thumb Impression was affixed in my presence. |
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Signature of Contributing Employer/Issuing Officer: .......................................................... |
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Date: ......................................................... | |
Official Stamp: | |
Clear and full Right and Left Thumb Impression of a Depositor: |
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RIGHT | LEFT |
Notes. |
1. Please attach a passport size photograph of the employee in the space provided. |
2. The right and left thumb impression must be strictly in that order. |
3. Must be signed by a person duly authorized by the Contributing Employer. |
4. This form is to be completed in respect of a depositor of the Fund or who has previously been registered as a member of the Local Authorities Provident Fund. |
5. Employer's reference number - The employer must ensure that his reference number is correctly written so as to avoid late registration of an employee concerned. |
6. Particulars of an employee - The particulars of the employee concerned must be written in accordance with the particulars in his/her Personal File. |
6.1 Full name of employee |
Please enter name as written in the Personal File. Do not shorten or make any amendments or changes. |
6.2 Date of Birth |
Please write the date of birth as stated in the Personal Record Form as filled on the first date of employment. |
7. Four forms each with a passport size photograph to be completed and sent to the LAPF for needful action. |
FORM LAPF 4
MEMBERSHIP CARD
THE UNITED REPUBLIC OF TANZANIA
THE LOCAL AUTHORITIES PROVIDENT FUND ACT (CAP. 407)
(Regulation 6)
Member's Photograph |
Name: .............................................................................................................................. |
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LAPF Number: .................................................................................................................. |
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• Keep this card safely and show it to a new employer. |
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• Produce this card whenever required by LAPF or any competent authority. |
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• To be surrendered to the Fund during payment of benefits. |
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........................................... | ................................... |
FORM LAPF 5
DEPOSITOR'S REGISTRATION NOTICE
THE UNITED REPUBLIC OF TANZANIA
THE LOCAL AUTHORITIES PROVIDENT FUND ACT (CAP. 407)
(Regulation 7)
The Local Authorities Provident Fund, |
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Date ........................................ |
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Ref. No. ......................................................... | |
Contributing Employer's No.: ........................... | |
M/S .............................................................. | |
................................................................. | |
Please be informed that your .......................................................... (number in words) employees listed below have been registered as depositors to the Fund. Their respective LAPF numbers are as indicated on the right hand columns. |
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NAMES OF DEPOSITORS | LAPF NUMBER |
Enclosed are ............................................................... (in words) membership cards for distribution to the respective depositors. |
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Please quote their respective LAPF numbers in all transactions with the LAPF. |
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Name:....................................................... | Signature: ............................................ |
FORM LAPF 6
REGISTRATION OF A TEMPORARY EMPLOYEE
THE UNITED REPUBLIC OF TANZANIA
THE LOCAL AUTHORITIES PROVIDENT FUND ACT (CAP. 407)
(Regulation 9)
(To be completed by a Contributing employer)
A: PARTICULARS OF A TEMPORARY EMPLOYEE: |
Surname: ............................................... Other Names: ............................................... |
Father's Name: ......................................... Mother's Name: .......................................... |
Nationality/Tribe: ................................................ Sex: ................................................. |
Date of Birth: Day: ................................... Month: ............................. Year .................. |
Address: ..................................................................................................................... |
Nature of Work: ........................................................................................................... |
B: STATEMENT BY EMPLOYER: |
(1) I wish to inform you that the aforesaid is a temporary employee whom I am required under the Act to pay a Special Contribution for him/her. |
(2) I hereby declare that the contribution payable upon his/her being employed by me shall be credited to the Fund as required by law. |
(3) That the date of appointment as a temporary employee was from ........................... to ............................... |
(4) That the amount to be credited to the Fund is 15 percent of total wage paid to him/her each month. |
C: NAME AND ADDRESS OF CONTRIBUTING EMPLOYER: |
Name: ......................................................................................................................... |
Address: ..................................................................................................................... |
Code and Sub-Code: .................................................................................................... |
Signature: ................................................................................................................... |
Official Stamp: ............................................................................................................. |
FORM LAPF 7
APPLICATION FOR REGISTRATION FOR PAYMENT OF SUPPLEMENTARY CONTRIBUTIONS
THE UNITED REPUBLIC OF TANZANIA
THE LOCAL AUTHORITIES PROVIDENT FUND ACT (CAP. 407)
(Regulation 10)
(To be completed by a Contributing Employer or a Depositor)
A: PARTICULARS OF CONTRIBUTING EMPLOYER: |
Contributing Employer's Registration No: ........................................................................ |
Name: ......................................................................................................................... |
Address: ...................................................................................................................... |
Telephone No.: ................... Fax No.: ................ E-Mail Address: .................................. |
Code and Sub-Code: ..................................................................................................... |
B: PARTICULARS OF A DEPOSITOR: |
Depositor's Registration No.: ........................................ |
Name: ......................................................................................................................... |
Address: ..................................................................................................................... |
Telephone No. ....................... Fax No. ....................... E-Mail Address: ......................... |
I am applying for the purpose of making supplementary contribution to the Fund for myself/ ........................................................................ employees (number of depositors) who are employed by this institution/local authority. |
I declare that the Authority/I shall continue to make supplementary contributions until directed otherwise by the Director-General of the LAPF. |
Signature: ........................................................... Stamp: .................................... |
FORM LAPF 8
CHANGE OF CONTRIBUTING EMPLOYER'S NAME, ADDRESS OR DESIGNATION
THE UNITED REPUBLIC OF TANZANIA
THE LOCAL AUTHORITIES PROVIDENT FUND ACT (CAP. 407)
(Regulation 11(1))
Contributing Employer's Registration No: ...................................................... |
Code and Sub-Code: .................................................................................. |
I wish to make the following statement in relation to the change of address/business name/designation as follows: |
I: I declare that I have changed my address/business name/designation and I shall as of the date herein be known as: |
Mr/Mrs/Ms: ................................................................................................................. |
.................................................................................................................................. |
.................................................................................................................................. |
of P.O. Box: ............................................................................................................... |
.................................................................................................................................. |
Designation: ............................................................................................................... |
II: As from the ....................................................... day of .............................................. |
I shall be addressed by the above particulars. |
Name:: ...................................................................................................................... |
Signature: ........................................... |
Stamp: ............................................... |
FORM LAPF 9
CHANGE OF CONTRIBUTING EMPLOYER, ADDRESS OR DESIGNATION
THE UNITED REPUBLIC OF TANZANIA
THE LOCAL AUTHORITIES PROVIDENT FUND ACT (CAP. 407)
(Regulation 11(3))
(To be filled in duplicate)
Director-General, |
I: PARTICULARS OF PREVIOUS EMPLOYER: |
Name: ......................................................................................................................... |
Address: ..................................................................................................................... |
Telephone No: ....................... Fax No: ................... E-Mail Address: ............................. |
Registration No: ..................... Code and Sub-Code: ...................................................... |
II: REGISTRATION OF THE PRESENT EMPLOYER: |
Name:.......................................................................................................................... |
Address:...................................................................................................................... |
Telephone No: ........................ Fax No: ..................... E-Mail Address: ......................... |
Registration No: ..................... Code and Sub-Code: ..................................................... |
This is to inform you that Mr./Mrs./Ms. ........................................................................... who is at present .............................................................. (designation) registered as a depositor has been transferred to .................................................. (the present contributing employer) from ............................................. (previous contributing employer) where he/she was...................................... (designation) with effect from ....................... |
His/her other personal particulars are as follows– |
LAPF Number:......................................... Check Number:................................. |
Department Code No:............................... Basic Salary:.................................... |
Please take note that as from the day of .............................20........ ............................... |
Signature: ................................................ Stamp: .............................................. |
Note: Duplicate copy to be sent to the depositor. |
FORM LAPF 10
DEPOSITOR'S CONTRIBUTION FORM
THE UNITED REPUBLIC OF TANZANIA
THE LOCAL AUTHORITIES PROVIDENT FUND ACT (CAP. 407)
(Regulation 15(1))
Contributing Employer's Code Name: .................................................................... |
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Address: ............................................................................................................. |
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....................................................................................................................... |
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Page No: ................................................................. | Cheque No: ..................... |
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Contributing Employer's Code No.: ............................. | Date of Cheque: ............... |
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Department Code No.: .............................................. | Amount: .......................... |
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Month of Contribution: ..................... Year: ................ | Receipt No.: .................... |
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Zonal/Regional/District Code No.: .............................. | Date of Receipt: ............... |
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Issued By: ........................................... |
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Statutory Contribution | Supplementary Contribution | ||||||||
No. | Member- | Check No. | Depos- | Basic Salary | Employer's Contribu- tion | Employees Contribu- | Employer's Contribu- tion | Employees Contribu- | Total |
Contributing Employer's Signature: ................................................... Date: .............. |
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Note: |
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1. To be used for LAPF registered members and full statutory contribution of 20% and any supplementary contribution should be shown. |
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2. Each page total must be shown separately. |
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3. Summary of all page totals must be shown on last page. |
FORM LAPF 11
CERTIFICATE OF SPECIAL CONTRIBUTIONS AND OTHER PAYMENTS TO LAPF
THE UNITED REPUBLIC OF TANZANIA
THE LOCAL AUTHORITIES PROVIDENT FUND ACT (CAP. 407)
(Regulation 15(2))
Month(s) of Contribution: .................................................................................................... |
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Employers Name: ............................................................................................................ |
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Address: .......................................................................................................................... |
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Employer's Registration No: ................................................ District No.: ............................ |
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Type of Payment: .............................................................................................................. |
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Total Number of Temporary Employees: .............................................................................. |
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Total Payment: Shs: ...................... Cts: ............. |
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Amount Due: Shs: ...................... Cts: ............. |
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Special Contribution in respect of Temporary Employees: Shs: ...................... Cts: ............. |
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Other Payment: ................................................ |
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Reference of the payment made: | |
Amount Due: Shs: ...................... Cts: ............. |
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Penalty(ies): Shs: ...................... Cts: ............. |
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Fees for Duplicate Card: Shs: ...................... Cts: ............. |
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Reference for the Payment made: | |
Cheque/M.O/P.O. No./T.T No.: ............................................................... |
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Date of Cheque/M.O/P.O. no./T.T No: Amount: ........................................ |
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Bank/Post Office Branch: ....................................................................... |
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I/We hereby certify that the above details are true and correct. |
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Date: ........................................... Signature of Employer: ..................................... |
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For Use by the Local Authorities Provident Fund Only |
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Receipt section | |
Posted on Page No: ............................................................. |
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Penalty Notice Number: Amount: Shs: ...................... Cts: ............. |
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Action by Cashier: ................................................................ |
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Accounts Clerk: ............................................... | Accountant: ............................. |
Receipt Number: .............................................. | Date: ....................................... |
FORM LAPF 12
APPLICATION FOR RETIREMENT OR WITHDRAWAL BENEFITS
THE UNITED REPUBLIC OF TANZANIA
THE LOCAL AUTHORITIES PROVIDENT FUND ACT (CAP. 407)
(Regulation 25(2)(a))
(To be completed by the depositor in capital letters)
1. Registration Number: .......................................................................................... |
2. Surname: .......................................................................................................... |
3. Father's Name: .................................................................................................. |
4. Mother's Name: ................................................................................................. |
5. Previous / Maiden Names: .................................................................................. |
6. Nationality / Tribe: .............................................................................................. |
7. Sex: ................................................................................................................. |
8. Date of Birth Day: ................................. Month: ...................... Year: ............. |
9. Permanent Address: .......................................................................................... |
B. DEPOSITOR'S PARTICULARS: |
1. Pay-roll Check Number: ...................................................................................... |
2. Department Number: .......................................................................................... |
3. Name and Address of Present Employer: ............................................................. |
4. Registration Number: ......................................................................................... |
5. Code No.: ............................................ Sub-Code: ............................................ |
6. Date of joining the Local Government Service: ...................................................... |
7. Place: .............................................................................................................. |
8. Month Contribution Commenced: ........................................................................ |
9. List of previous Employers: ................................................................................ |
S/No. | NAME | FROM | TO |
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Date | Month | Year | Date | Month | Year |
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10. Date of Retirement/Termination of employment: ................................................. |
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11. Reason for Retirement/Termination/Resignation |
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(i) Attainment of retirement age | [ ] |
(ii) Termination by employer | [ ] |
(iii) Summary dismissal | [ ] |
(iv) Registration from service | [ ] |
C. DOCUMENTS TO SUPPORT THE CLAIM: | |
(1) Membership Card | [ ] |
(2) Letter of Retirement | [ ] |
(3) Letter of Termination | [ ] |
(4) Letter of Resignation | [ ] |
(5) Letter of Dismissal | [ ] |
D. OTHER CLAIMS LODGED BY THE CLAIMANT: |
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Have you ever applied for or paid any benefits by the Fund? Yes [ ] No [ ] |
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If Yes, state: | |
(i) Date lodged: .............................................................................................. |
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(ii) Amount paid: ............................................................................................. |
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(iii) When paid: ................................................................................................ |
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(iv) Other comments: ....................................................................................... |
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................................................................................................................. |
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E. PAYMENT INSTRUCTION: |
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Please pay may benefit cheque |
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(i) Through ................................................ Bank Account No. ................................ |
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Branch .............................................................................................................. |
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(ii) Or kindly send my benefit cheque to me through the following Address: |
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........................................................................................................................ |
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F. DECLARATION OF APPLICANT: |
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I declare that the statements given in this form are true to the best of my knowledge and belief. |
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Signature of the Claimant ............................................................................................ |
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Signature of Attesting Witness ..................................................................................... |
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Date ...................... [ ] Right Thumb print |
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G. DECLARATION BY THE CLAIMANT'S EMPLOYER: |
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I declare that the applicant whose particulars are shown in part A and B of this form is an employee of ......................................................... and therefore are known to me. The particulars presented are correct and his contributions for the past ................................... |
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Name of Employer ....................................................................................................... |
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Name of Certifying Officer ............................................................................................. |
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Designation ................................................................................................................. |
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Signature .................................................... | Official Stamp: ...................................... |
Date............................................................ | |
WARNING: | |
Any person who for the purpose of obtaining any benefit for himself or same other person knowingly makes any false statement or representation or produces or furnishes or causes to be produced or furnished any document or information which he knows to be false in material particulars, commits an offence under the Local Authorities Provident Fund Act *. |
FORM LAPF 13
APPLICATION FOR SURVIVORS BENEFIT
THE UNITED REPUBLIC OF TANZANIA
THE LOCAL AUTHORITIES PROVIDENT FUND ACT (CAP. 407)
(Regulation 25(2)(b))
(To be completed by the appointed administrator of the deceased depositor)
A. PARTICULARS OF A DEPOSITOR: |
1. LAPF Registration No. ....................................................................................... |
2. Surname .......................................................................................................... |
3. Other Names .................................................................................................... |
4. Father's Name .................................................................................................. |
5. Mother's Name ................................................................................................. |
6. Nationality/Tribe ................................................................................................ |
7. Date of Birth: Day .......................... Month .............................. Year .................. |
8. Place of Domicile ................................................. Sex ..................................... |
9. Date of Death .................................................................................................... |
10. Age of the deceased .......................................................................................... |
B. APPLICANTS PARTICULARS: |
1. Name of Applicant (in block letters) ..................................................................... |
2. Applicant's Relationship to the Deceased Depositor .............................................. |
3. Applicant's Address (in block letters) ................................................................... |
Name and addresses of dependants or other relatives of the deceased depositor who may claim benefits: |
NAME | RELATIONSHIP | ADDRESS |
........................................... | ........................................... | ........................................... |
FACTS ESTABLISHING THE CLAIM TO BENEFIT AS SURVIVOR OF THE DECEASED DEPOSITORS: |
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(a) I hereby declare that .......................................... (Name of the deceased depositor) died on .............................................................. |
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(b) That I am the survivor of the deceased entitled to benefit the money left by .........................…….... (Name of the deceased depositor) and hereby claim payment of the whole or part of the amount due to the deceased. |
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I hereby declare that the foregoing statements are true to the best of my knowledge and understanding. |
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Date.............................................. | ................................................................ |
Date............................................ | ................................................................. |
C. DOCUMENTS TO SUPPORT THE CLAIM: |
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I attach the following documents to support my claim: |
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(i) Death certificate (or any other document to support occurrence of death) of the deceased depositor. |
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(ii) Certificate of an appointment as the administrator of the deceased estate. |
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D. PAYMENT INSTRUCTION: | |
(i) Please pay my benefit cheque through ............................................ Bank Account |
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No. ................................. Branch ............................................................................. |
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(ii) Please kindly send my benefit cheque to me through the following Address: |
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E. FOR OFFICIAL USE: | |
DIRECTOR GENERAL'S DECISION: |
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…..…..…..…..…..…..…..…..…..…..…............................................................. |
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…..…..…..…..…..…..…..…..…..…..…............................................................. |
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…..…..…..…..…..…..…..…..…..…..…............................................................. |
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…..…..…..…..…..…..…..…..…..…..…............................................................. |
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WARNING: | |
Any person who for the purposes of obtaining any benefit for himself or some Other person makes any false statement or representation or produces or causes to be produced or furnished any document or information which he knows to be false in material particulars, commits an offence under the Local Authorities Provident Fund Act *. |
FORM LAPF 14
NOTICE OF PENALTY IMPOSITION AND DEMAND NOTE TO PAY
THE UNITED REPUBLIC OF TANZANIA
THE LOCAL AUTHORITIES PROVIDENT FUND ACT (CAP. 407)
The Local Authorities Provident Fund, |
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Date: ....................................... |
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Ref. No. ...................................................... | |
Contributing Employer's No. ......................... | |
M/S ............................................................ | |
Branch Office No: ....................................... | |
RE: NOTICE OF PENALTY IMPOSITION AND DEMAND NOTE TO PAY |
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You are hereby notified that the Director-General of the LAPF on the powers vested on him by the Local Authorities Provident Fund Act No. 6 of 2000 have imposed a penalty equal to T.Shs. ..................................... upon your failure to adhere to the requirements of the provisions of section 44 of the Act, as follows: |
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(a) Late remittance of statutory contributions a penalty of T.Shs. .................... |
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(b) Late remittance of special contributions a penalty of T.Shs. ....................... |
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(c) Late remittance of supplementary contributions a penalty of T.Shs. ............ |
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The late contributions subject to these penalties are as listed herebelow for your easy reference. |
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You are commanded to pay the penalty within thirty days from the date of this notice/demand note. Take further notice that if the penalty shall not be paid within the period specified under this notice, other legal actions will be taken against you in accordance with the provisions of the law without any further notice. |
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Please return a copy of this notice together with penalty payments. |
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....................................................... |
For Official Use Only |
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Amount Paid T.Shs. ........................................................... By Receipt No: ....................... |
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Amount Waived T.Shs. ........................................By Letter Ref. No. ............ Date: ............. |
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Date Received | Receipt No. | Date of Receipt | Month | Amount | No. of Months Delayed | Penalty (5%) per month/ Part of a Month) | ||
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FORM LAPF 15
INSPECTOR'S APPOINTMENT
THE UNITED REPUBLIC OF TANZANIA
THE LOCAL AUTHORITIES PROVIDENT FUND ACT (CAP. 407)
Name: ..................................................... | |
Address: .................................................. | |
P.O. Box: ................................................ | |
Designation: ............................................. |
RE: SPECIAL INSPECTION FORMS ISSUED TO INSPECTORS |
(Regulation 35) |
Upon the powers vested in me under the Act, I hereby appoint you to make inspections on the records of ............... (Contributing Employer). |
You are required to do the following– |
(a) ......................................................................................................................... |
(b) ......................................................................................................................... |
(c) ......................................................................................................................... |
(d) ......................................................................................................................... |
After inspection you are required to bring back to me the findings within the time specified below. |
The inspection work will start on …...........................…… day of ................................ |
to ........................................................................................................................... |
The handing over of the findings will be on ................................................................... |
.............................................................. |
Note: Any obstruction or assault should be reported to the Director-General as early as possible for necessary actions. |
Copy to: Mr/Mrs/Ms .……....................................... |
.............................................................. |
............................................................. |
(Contributing Employer) for all necessary assistance. |