CHAPTER 295
NATIONAL HOUSING CORPORATION ACT
[SUBSIDIARY LEGISLATION]
INDEX TO SUBSIDIARY LEGISLATION
ORDERS
[1st July, 1991]
G.N. No. 323 of 1991
1. This Order may be cited as the National Housing Corporation (Transfer of Certain Assets and Liabilities of the National Housing Corporation to Certain Local Government Authorities) Order.
2. [Omitted.]
3. In this Order:
"the Act" means the National Housing Corporation Act;
"the effective date" means the date on which this Order is deemed to have come into operation;
"Local Government Authority" means an authority established under the Local Government (District Authorities) Act *, and the Local Government (Urban Authorities) Act *;
"the Minister" means the Minister for the time being responsible for housing;
"National Housing Corporation" means the National Housing Corporation established by the National Housing Corporation Act *.
4. (1) The assets specified in the First Schedule to this Order, situated in the Local Government Authority which were, before the effective date, vested in the National Housing Corporation shall, with effect from the effective date by virtue of this Order and without further assurance, vest in Urban authorities described in the First Schedule to this Order.
(2) The assets specified in the Second Schedule to this Order, situated in the District Authorities, and which were, before 1st August, 1990 vested in the Registrar of Buildings and by virtue of section 40(2) of the Act vested in the National Housing Corporation before the effective date, by virtue of this Order and without further assurance, vest in the district authorities described in the Second Schedule to this Order.
5. (1) All liabilities in relation to the assets transfer to and vested by this Order in Local Government Authorities and in respect of which the National Housing Corporation was liable immediately preceding the effective date shall, with effect from the effective date, by virtue of this Order and without further assurance, vest in the said Local Government Authorities.
(2) The liabilities to which this paragraph applied shall, from the effective date, be deemed to be the liabilities of Local Government Authorities, and the National Housing Corporation shall be discharged from its obligations in respect of every such liability.
6. All instruments to which the National Housing Corporation is a party and which relate to any asset or liability transferred to Local Government Authority by this Order, shall continue in full force and effect as if the Local Government Authorities were substituted for the National Housing Corporation as a party to it, and all the rights and liabilities of the Housing Corporation under such instrument shall vest in the respective Local Government Authority.
7. For the avoidance of doubt and without prejudice to any of the preceding provisions of this Order, it is hereby declared that a Local Government Authority shall have and may exercise all such powers necessary or expedient to take possession of and recover any property, to ascertain, perform and enforce any right, and discharge any liability or obligation conferred or imposed on a Local Government Authority by virtue of this Order, and to deal with it, as if the National Housing Corporation would have exercised had this Order not been made.
8. The Local Authorities shall be required to–
(a) respect the existing tenants of the said premises as per the provisions of the Rent Restriction Act *;
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(b) open a special account in the bank in respect of rents collected from the said premises;
(c) spend solely the rent collected from the said premises for maintaining the said premises as well as for constructing of new houses.
9. (1) Nothing in this Order shall be construed–
(a) as validating or rectifying or deemed to be validating or ratifying any instrument or any term, covenant, condition or other provision of any instrument to which this Order applies;
(b) as creating in favour of or against a Local Government Authority or any other party any right or liability conferred or imposed under such instrument;
(c) as reviving in favour of or against a Local Government Authority or any other person any right or liability conferred or imposed upon the National Housing Corporation or such other party under any instrument to which this Order relates which had ceased to be legally enforceable prior to the effective date of the making of this Order;
(d) as revising against a Local Government Authority or obligation to which this Order related and which had ceased to be legally enforceable prior to the effective date or the making or this Order.
(2) Any action or other proceeding pending or instituted by or against the National Housing Corporation in respect of any asset or liability transferred to a Local Government Authority to which this order relates may be instituted or continued and completed by or against the Local Government Authority.
Note: The First Schedule and the Second Schedule which provide Serial Numbers, House, Location and the Rent per month have been omitted under R.E. 1992 owing to their impermanent nature; for further reference please see G.N. No. 323 of 1991.
REGULATIONS
(Section 14)
G.N. No. 98 of 1971
1. Short title
These Regulations may be cited as the Acquisition of Buildings Regulations.
2. Acquisition notice
Every acquisition notice shall be in the prescribed form:
Provided that no acquisition notice shall be invalid by reason only of it not being in the prescribed form.
3. Service of acquisition notice
(1) An acquisition shall be served upon every person who is required to be given notice in any of the following manners:
(a) by personal service; or
(b) by sending a copy of the notice to him by registered post to his last known postal address;
(c) by publication of the notice in the Gazette; or
(d) by publication of the notice in any newspaper publish in Tanganyika.
(2) Where a notice is published in the Gazette or a newspaper it shall not be necessary to address it to any person, but such publication shall be construed as notice having been duly given to every person entitled to such notice.
4. Registrar may require information
(1) The Registrar may require any person who is in occupation of a building which has been acquired under the provisions of the Acquisition of Buildings Act * to give him information relating to the rent or other consideration paid by him to the owner of the building at any time during which such person was in occupation of such building or any portion thereof.
(2) The Registrar may require any owner of a building to give him information as to the persons who are in occupation of the building or any portion thereof and the rent or other consideration payable by such persons.
(3) Any person who upon being required by the Registrar to give information under this Regulation fails or refuses to do so shall be guilty of an offence and shall be liable on conviction to a fine not exceeding five thousand shillings or to imprisonment for a term not exceeding six months or to both such fine and imprisonment.
5. Appeals
(1) Every appeal under section 10 of the Acquisition of Buildings Act * shall be by way of a memorandum addressed to the chairman of the Appeals Tribunal.
(2) Every memorandum of appeal shall be in either Kiswahili or English and set out the grounds of objection.
(3) Every memorandum of appeal shall be filed within thirty days, or such longer period as the chairman of the Appeals Tribunal may allow, of the date when notice of the decision appealed against was first given to the appellant.
(4) The fee payable for an appeal under section 10 of the Acquisition of Buildings Act * shall be ten thousand shillings.
(5) The Appeals Tribunal may, for any good cause and with the consent of the Minister, remit the fee, either wholly or partly, in respect of any appeal.
(6) Where an appeal has been determined the Appeals Tribunal may, after consultation with the Minister, direct that not more than fifty per centum of the fee paid by the appellant be refunded to him in any case where the Appeals Tribunal is of the opinion that it is just and equitable to so direct.
(7) The quorum necessary for a meeting of the Appeals Tribunal shall be the chairman and two members.
(8) The decision of the Appeals Tribunal shall be by simple majority.
(9) Subject to these Regulations, the Appeals Tribunal may regulate its own procedure.
SCHEDULE
FORM OF ACQUISITION NOTICE
THE ACQUISITION OF BUILDINGS ACT (ACT NO. 13 OF 1971)
The property described in the Schedule hereto has been acquired under the Acquisition of Buildings Act * and shall, with effect from the ........................... day of ........................... 20........ vest in the National Housing Corporation free of any trust, mortgage, charge or other incumbrance whatsoever save the mortgages and charges to which the provisions of section 9(1) of the Acquisition of Buildings Act * apply. |
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(Section 14)
G.N. No. 175 of 1971
1. These Regulations may be cited as the Acquisition of Buildings (Appeals Procedure) Regulations.
2. In these Regulations, unless the context otherwise requires–
"the Act" means the National Housing Act *;
"appellant" means the person appealing in accordance with these Regulations;
"Chairman" means the Chairman of the Appeals Tribunal appointed under subsection (2) of section 10 of the Act;
"memorandum" means the memorandum required under paragraph 5 of the Acquisition of Buildings Regulations *;
"Secretary" means the person for the time being performing the duties of a Secretary to the Appeals Tribunal;
"Tribunal" means the Appeals Tribunal established under subsection (1) of section 10 of the Act.
3. Every memorandum shall–
(a) be prepared and lodged in triplicate;
(b) adequately describe the premises to which the appeal relates;
(c) state the right or interest of the appellant in the premises;
(d) set forth concisely and under distinct heads the grounds of objection to any matter; and
(e) be signed by the appellant.
4. Where the appellant is for any reason unable to pay the fee payable on appeal or any portion thereof he shall forward along with the memorandum a petition praying the Tribunal to remit such fee wholly or in part setting forth the reasons thereof.
5. (1) Where a petition is lodged for the remission of the appeal fee the Tribunal shall first consider and determine such petition before proceeding to consider the appeal.
(2) In the event of the petition being successful wholly or in part a certificate signed by the Chairman to that effect shall issue to the appellant.
6. On receipt of the memorandum and the fee or with a certificate issued under subparagraph (2) of paragraph 5 the Secretary shall–
(a) endorse thereon the date on which the same is lodged:
Provided that where the memorandum is first lodged with a petition for remission of the fee payable on appeal there shall be excluded for the purpose of subparagraph (2) of paragraph 5 of the Acquisition of Buildings Regulations * the number of days from the date such memorandum and petition were first lodged to the date a certificate is issued under these Regulations;
(b) examine the same and satisfy himself that it complies with the requirements of these Regulations;
(c) file the original thereof in a file to be opened for the purpose of the appeal;
(d) transmit the duplicate and triplicate thereof to the Commissioner for Lands and the Registrar of Buildings respectively; and
(e) fix a date when the appeal is to be heard.
7. (1) The Tribunal may on its own motion and shall at the instance of the appellant require any person who, in its opinion or in the opinion of the appellant, is able to give any information relating to any matter relevant to an appeal to furnish it with any such information and to produce any documents, papers or things which may be in the possession or under the control of that person and may, by order under the hand of the Chairman or Secretary, require any such person to attend before the Tribunal at a time and place specified in such order and to be interrogated or to produce and such document, paper or thing.
(2) The proceedings of the Tribunal shall ordinarily be open to the public, but the Tribunal may in its discretion direct that the public be excluded from any meeting or part thereof.
(3) For the purpose of these Regulations the Tribunal may enter upon any premises to which an appeal relates or may authorise any person in writing to make such entry and thereon carry out any investigation for the purpose of the appeal.
(4) Minutes shall be kept of all proceedings of the Tribunal including a summary of any oral evidence given.
8. Any person who–
(a) without lawful justification or excuse, disobeys any order of the Tribunal for his attendance or for the production of any document, paper or thing;
(b) without lawful justification or excuse, refuses to be interrogated or to answer any question relating to any appeal put to him by the Tribunal or the appellant;
(c) wilfully presents to the Tribunal any false, untrue, fabricated or falsified document or makes any false statement to the Tribunal with intent to deceive the Tribunal, or misleads or attempts to mislead the Tribunal;
(d) creates or joins in any disturbance which interrupts or is likely to interrupt the proceedings of the Tribunal;
(e) without lawful justification or excuse, wilfully obstructs, hinders or resists the Tribunal or any other person acting in the exercise of the powers conferred by these Regulations,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding two thousand shillings or to imprisonment for a term not exceeding twelve months or to both such fine and imprisonment.
9. The decision of the Tribunal shall be in writing and shall be communicated to the appellant, the Commissioner for Lands and the Registrar of Buildings in like form.
10. Any document required to be lodged, produced or given or any communication required to be made under these Regulations may be lodged, produced, given or made in the Kiswahili language.
11. (1) For the avoidance of doubts it is hereby declared that any memorandum for an appeal lodged before the coming into operation of these Regulations shall be proceeded with as if the same were lodged under these Regulations notwithstanding that it does not comply with the requirements of these Regulations.
(2) Nothing done by the Tribunal or any officer or member thereof, if done bone fide, shall be invalid by reason only of irregularity in connection with these Regulations.
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