CHAPTER 257
PUBLIC CORPORATIONS ACT
[SUBSIDIARY LEGISLATION]
INDEX TO SUBSIDIARY LEGISLATION
NOTICES
(Paragraph 5(1) of G.N. No. 228 of 1984)
[28th June, 1985]
G.N. No. 366 of 1985
1. This Notice may be cited as the Tanzania Ocean Shipping Corporation (Disposal of Assets and Liabilities) Notice.
2. With effect from the effective date, all the assets and liabilities of the corporation shall, by virtue of this notice and without further assurance, vest in the Treasury Registrar, a Corporation Sole established under the Treasury Registrar (Powers and Functions) Act. *
ORDERS
G.N. No. 89 of 1969
1. Citation
This Order may be cited as the National Agricultural and Food Corporation (Establishment) Order.
2. Interpretation
In this Order, unless the context requires otherwise–
"Act" means the Public Corporations Act *;
"Board" means the Board of Directors provided for in paragraph 5;
"Corporation" means the National Agricultural and Food Corporation established by paragraph 3;
"Minister" means the Minister responsible for agriculture.
3. Establishment of the Corporation
There is hereby established a public corporation to be known as the National Agricultural and Food Corporation.
4. Functions of the Corporation
The functions of the Corporation shall be to–
(a) promote agricultural development and the production of food;
(b) conduct or engage in the businesses of growers, planters, dealers, processors, importers, exporters of any agricultural products, including livestock, which the Board may from time to time decide;
(c) establish branches and carry on business either within the United Republic or elsewhere;
(d) acquire by agreement and hold interests in any undertaking, enterprise or project associated with agricultural development or the production of food;
(e) manage the affairs of any corporation, company, firm or other body the interests of which are transferred to or acquired by the Corporation under the provisions of the Act or this order;
(f) do all other acts and things which may be necessary to uphold and support the credit of the Corporation and to obtain and justify public confidence, and to avert or minimise any loss to the Corporation;
(g) do any thing or enter into any transaction which, in the opinion of the Board, is calculated to facilitate the proper and efficient carrying on of its activities and the proper performance of its functions as specified in this paragraph.
5. Management vested in Board of Directors
(1) The management of the Corporation is hereby vested in a Board of Directors.
(2) The Board shall consist of–
(a) a Chairman who shall be appointed by the President;
(b) any other members being not less than five nor more than nine whom the Minister may appoint, and one of whom shall be nominated as its Vice-Chairman.
(3) There shall be a general manager of the Corporation who shall be appointed by the President.
(4) The Board may from time to time appoint on any terms and conditions which it thinks fit any officers and servants of the Corporation who may be necessary for conducting the business of the Corporation.
(5) The Chairman and other members of the Board shall be entitled to any allowances and at any rates which the Minister may from time to time prescribe.
(6) The Minister may make regulations with respect to–
(a) the appointment of and the tenure and vacation of office by the members of the Board;
(b) the quorum, proceedings and meetings of the Board and determinations of the Board.
(7) Subject to the provisions of any regulation made under subparagraph (6) the Board shall have power to regulate its own procedure.
6. Salaries, etc., to be paid out of Corporation's funds
All salaries, fees and any other allowances payable to the Chairman, a member of the Board, the General Manager and other officers and servants of the Corporation, shall be paid out of the funds of the Corporation.
7. The seal of the Corporation
(1) The seal of the Corporation shall be affixed by the Chairman, the Vice-Chairman or the General Manager and witnessed by one other member of the Board.
(2) All contracts, guarantees, agreements, bonds, authorities, mortgages, charges, bills of exchange, promissory notes, bank drafts, letters of credit, securities and any other instruments to which the Corporation is a party, shall be executed on behalf of the Corporation–
(a) by the General Manager and a member of the Board; or
(b) by any other person or persons who may be authorised by the Board in that behalf:
Provided that the General Manager may, in writing delegate his functions under this subparagraph to any officer of the Corporation.
8. Board may act notwithstanding vacancy
Subject to the provisions of any regulations relating to quorum made under subparagraph (6) of paragraph 5, the Board may act notwithstanding any vacancy in the its membership and no act or proceeding of the Board shall be invalid by reason only of some defect in the appointment of a member or a person who purports to be a member, or, where any regulations provide for the appointment that an alternate member, in the appointment of the alternate member or a person who purports to be such alternate member.
9. Borrowing powers of the Corporation
The Corporation may borrow any sums of money which it may require to meet any of its obligations or for the purposes of its business.
10. Delegation of powers
(1) [Superseded by section 7 of R.E. Cap. 257.]
(2) The Minister is hereby designated as the Minister for the purposes of the provisions of subsection (3) of section 35 of the Act which relates to the accounts of the Corporation.
G.N. No. 90 of 1969
1. Citation
This Order may be cited as the National Development Corporation (Establishment) Order.
2. Interpretation
In this Order, unless the context requires otherwise–
"Act" means the Public Corporations Act *;
"Board" means the Board of Directors provided for in paragraph 5;
"Corporation" means the National Development Corporation established by paragraph 3;
"Minister" means the Minister responsible for industries.
3. Establishment of the Corporation
There is hereby established a public corporation to be known as the National Development Corporation.
4. Functions of the Corporation
The functions of the Corporation shall be–
(a) to promote the development of manufacturing, processing and mining industries;
(b) to conduct or engage in the businesses of manufacturers, processors, producers, packers, craftsmen, engineers, assemblers, tanners, brewers, millers, miners and any other businesses relating to industrial activities or the use of mineral resources which the Board may from time to time decide;
(c) to establish branches and vary on business either within the United Republic or elsewhere;
(d) to acquire by agreement and hold interests in any undertaking, enterprise or project associated with industrial development;
(e) to manage the affairs of any corporation, company, firm or other body the interests of which are transferred to or acquired by the Corporation under the provisions of the Act or this Order;
(f) to do all other acts and things which may be necessary to uphold and support the credit of the Corporation and to obtain and justify public confidence, and to avert or minimise any loss to the Corporation;
(g) to do anything or enter into any transaction which, in the opinion of the Board, is calculated to facilitate the proper and efficient carrying on of its activities and the proper performance of its functions as specified in this paragraph.
5. Management vested in Board of Directors
(1) The management of the Corporation is hereby vested in a Board of Directors.
(2) The Board shall consist of–
(a) a Chairman who shall be appointed by the President;
(b) other members being not less than five nor more than nine which the Minister may appoint, one of whom he shall nominate as its Vice-Chairman.
(3) There shall be a General Manager of the Corporation who shall be appointed by the President.
(4) The Board may from time to time appoint on the terms and conditions which it thinks fit such officers and servants of the Corporation who may be necessary for conducting the business of the Corporation.
(5) The Chairman and other members of the Board shall be entitled to such allowances and at such rates as the Minister may from time to time prescribe.
(6) The Minister may make regulations with respect to–
(a) the appointment of and the tenure and vacation of office by the members of the Board;
(b) the quorum, proceedings and meeting of the Board and determinations of the Board.
(7) Subject to the provisions of any regulation made under subparagraph (6) the Board shall have power to regulate its own procedure.
6. Salaries, etc., to be paid out of Corporation's funds
All salaries, fees and any other allowances payable to the Chairman, a member of the Board, the general manager and other officers and servants of the Corporation, shall be paid out of the funds of the Corporation.
7. The Seal of the Corporation
(1) The seal of the Corporation shall be affixed by the Chairman, the Vice-Chairman or the General Manager and witnessed by one other member of the Board.
(2) All contracts, guarantees, agreements, bonds, authorities, mortgages, charges, bills of exchange, promissory notes, bank drafts, letters of credit, securities and any other instruments to which the Corporation is a party, shall be executed on behalf of the Corporation–
(a) by the general manager and a member of the Board; or
(b) by any other person or persons who may be authorised by the Board in that behalf:
Provided that the General Manager may, in writing, delegate his function under this subparagraph to any officer of the Corporation.
8. Board may act notwithstanding vacancy
Subject to the provisions of any regulations relating to quorum made under subparagraph (6) of paragraph 5, the Board may act notwithstanding any vacancy in its membership and no act or proceeding of the Board shall be invalid by reason only of some defect in the appointment of a member or a person who purports to be a member, or, where such regulations provide for the appointment of an alternate member, in the appointment of that alternate member or a person who purports to be the alternate member.
9. Borrowing powers
The Corporation may from time to time borrow any sums of money which it may require of the to meet any of its obligations or for the Corporation purposes of its business.
10. Delegation of powers
(1) [Superseded by section 7 of R.E. Cap. 257.]
(2) The Minister is hereby designated as the Minister for the purposes of the provisions of subsection (3) of section 35 of the Act which relates to the accounts of the Corporation.
G.Ns. Nos.
140 of 1969
43 of 1985
1. Citation
This Order may be cited as the Tanzania Petroleum Development Corporation (Establishment) Order.
2. Interpretation
(1) In this Order, unless the context otherwise requires–
"Act" means the Public Corporations Act *;
"Board" means the Board of Directors provided for in paragraph 5;
"Corporation" means the Tanzania Petroleum Development Corporation established by paragraph 3;
"Minister" means the Minister responsible for petroleum affairs.
(2) The expressions "natural gas" and "petroleum" have the respective meanings assigned to them by section 5 of the Petroleum (Exploration and Production) Act *.
3. Establishment of the Corporation
There is hereby established a public corporation to be known as the Tanzania Petroleum Development Corporation.
4. Capital stock of the Corporation
(1) The authorised capital stock of the corporation shall be Shs. 2,500m and that stock shall be divided into 2,500 shares each having a par value of one million shillings.
(2) Share in the capital stock of the corporation may be issued from time to time under the authority of a resolution of the Board–
(a) in return for cash or other consideration representing their par value;
(b) in return for sums advanced to the corporation from time to time by the United Republic being sums in respect of which the Minister for finance has certified that the United Republic does not seek payment of interest or repayment of principal;
(c) with the approval of the Minister for finance out of monies which would otherwise be available to the corporation for distribution as a dividend.
(3) No person other than the Treasury Registrar on behalf of the United Republic shall be entitled to subscribe for or hold any share in the Corporation.
5. Dividends
(1) The corporation in any financial year may with the approval of the Minister responsible for finance and under the authority of a resolution of the Board declare and pay dividends.
(2) No dividend may be paid by the corporation otherwise than out of profit.
6. Functions of the Corporation
(1) The functions of the Corporation shall be to–
(a) promote the development of the petroleum industry and the production of petroleum;
(b) carry on the businesses of prospectors, producers, refiners, storers, suppliers and distributors of petroleum;
(c) conduct or engage in petroleum prospecting operations including exploration, drilling, testing, appraisal, extraction, producing, treatment, storing, transportation and any other activities relating to them which the Board may from time to time decide;
(d) acquire by agreement and hold interests in any undertaking, enterprise or project associated with the exploration and prospecting for, or the production of, petroleum and for any purposes to obtain, exercise, carry out and use any mining lease, licence, concession, franchise, authority, power, right or privilege which any government, corporation, public body or other authority may be empowered to grant;
(e) manage the affairs of any corporation, company, firm or other body the interests of which are transferred to or acquired by the Corporation under the provisions of the Act or this Order;
(f) carry on its business, operations and activities either within the United Republic or elsewhere, whether as principal, agent, contractor or otherwise, and either alone or in conjunction with any other persons, firms or bodies corporate;
(g) do all other acts and things which may be necessary to uphold and support the credit of the Corporation and to obtain and justify public confidence, and to avert or minimise any loss to the Corporation;
(h) do any thing or enter into any transaction which, in the opinion of the Board is calculated to facilitate the proper and efficient carrying on of its activities and the proper performance of its functions as specified in this paragraph.
(2) The Corporation may perform its functions either itself or through any contractor or contractors employed by the Corporation on such terms and conditions as the Board may approve.
7. Management vested in Board of Directors
(1) The management of the Corporation is hereby vested in a Board of Directors.
(2) The Board shall consist of–
(a) a Chairman who shall be appointed by the President;
(b) any other members being not less than five nor more than nine whom the Minister may appoint, one of whom he shall nominate as its Vice-Chairman.
(3) The President may appoint a General Manager of the Corporation.
(4) The Board may from time to time appoint on such terms and conditions as it thinks fit any officers and servants of the Corporation who may be necessary for conducting the business of the Corporation.
(5) The Chairman and other members of the Board shall be entitled to any allowances and at the rates which the Minister may from time to time prescribe.
(6) The Minister may make regulations with respect to–
(a) the appointment of and the tenure and vacation of office by the members of the Board;
(b) the quorum, proceedings and meetings of the Board and determinations of the Board.
(7) Subject to the provisions of any regulation made under subparagraph (6) the Board shall have power to regulate its own procedure.
8. Salaries etc. to be paid out of Corporation's funds
All salaries, fees and any other allowances payable to the Chairman, a member of the Board, the General Manager and other officers and servants of the Corporation, shall be paid out of the funds of the Corporation.
9. The seal of the Corporation
(1) The seal of the Corporation shall be affixed by the Chairman, the Vice-Chairman or the General Manager and witnessed by one other member of the Board.
(2) All contracts, guarantees, agreement, bonds, authorities, mortgages, charges, bills of exchange, promissory notes, bank drafts, letters of credit, securities and any other instruments to which the Corporation is a party, shall be executed on behalf of the Corporation–
(a) by the General Manager and a member of the Board; or
(b) by any other person or persons who may be authorised by the Board in that behalf:
Provided that the General Manager may, in writing, delegate his function under this subparagraph to any officer of the Corporation.
10. Board may act notwithstanding vacancy
Subject to the provisions of any regulations relating to quorum made under subparagraph (6) of paragraph 7, the Board may act notwithstanding any vacancy in its membership and no act or proceeding of the Board shall be invalid by reason only of some defect in the appointment of a member or a person who purports to be a member or, where those regulations provide for the appointment of an alternate member, in the appointment of that alternate member or a person who purports to be the alternate member.
11. Accounts and records
(1) The corporation shall keep proper accounts and other records in relation to it, and shall prepare in respect of each financial year of the Corporation a statement of accounts in the form which the Minister may direct, being a form which conforms with the best commercial standards in the petroleum industry.
(2) The form of the accounts and of the statement, shall be such as to secure the provision of separate information as respects each of the main activities of the Corporation.
12. Borrowing powers
The Corporation may from time to time borrow any sums of money which it may require of the to meet any of its obligations or for the Corporation purposes of its business.
13. Delegation of powers
(1) [Superseded by section 7 of R.E. Cap. 257.]
(2) The Minister is hereby designated as the Minister for the purposes of the provisions of section 35 of the Act which relates to the accounts of the Corporation.
[1st August, 1969]
G.N. No. 186 of 1969
1. Citation
This order may be cited as the Public Corporations (Miscellaneous Transfer of Assets and Liabilities) Order.
2. Interpretation
In this Order, unless the context otherwise requires–
"effective date" means the 1st August, 1969;
"instrument" means any contract, guarantee, agreement (including agreement concluded by exchange of letters), bond, authority, mortgage, charge, bill of exchange, promissory note, bank draft, bank cheque, letters of credit or any other security or instrument;
"Minister" means the Minister responsible for development planning;
"National Development Corporation" means the National Development Corporation established under the Public Corporation Act *;
"National Housing Corporation" means the National Housing Corporation established by the National Housing Corporation Act *;
"scheduled company" means a company specified in the First Schedule to this Order;
"specified corporations" means the National Housing Corporation, and the Tanzania Sisal Corporation, and includes the Treasury Registrar;
"Tanzania Sisal Corporation" means the Tanzania Sisal Corporation established by the Tanzania Sisal Corporation (Establishment and Vesting of Interests) Act *.
3. Shares
(1) As from the effective date–
(a) all the shares in the scheduled company specified in Part I of the First Schedule to this Order and held by the National Development Corporation immediately preceding the effective date shall vest in the Treasury Registrar;
(b) all the shares in the scheduled company specified in Part II of the First Schedule to this Order and held by the National Development Corporation immediately preceding the effective date shall vest in the National Housing Corporation;
(c) all the shares in the scheduled company specified in Part III of the First Schedule to this Order and held by the National Development Corporation immediately preceding the effective date shall vest in the Tanzania Sisal Corporation.
(2) The shares vested in the specified corporations by virtue of subparagraph (1) shall so vest without further assurance.
4. Liability to vest in the Tanzania Sisal Corporation
(1) The liability specified in Part I of the Second Schedule to this order and in respect of which the National Development Corporation was liable immediately preceding the effective date shall, with effect from the effective date, vest in the Tanzania Sisal Corporation by virtue of this Order and without further assurance.
(2) [Spent.]
(3) The liabilities to which this paragraph applies shall, as from the effective date, be deemed to be the liabilities of the specified corporation in which such liabilities are vested, and the National Development Corporation shall be discharged from its obligation in respect of every such liability.
5. Instruments to continue in force
(1) All instruments to which the National Development Corporation is a party and the scheduled company is the other party or one of the other parties, shall, with effect from the effective date and by virtue of this Order, continue in full force and effect as if the specified corporation in which the shares in such scheduled company have been vested by virtue of paragraph 3 of this Order were substituted for the National Development Corporation and all the rights and liabilities of the National Development Corporation under that instrument shall vest in the specified corporation:
Provided that where the specified corporation is the Treasury Registrar the instruments to which this paragraph applies shall continue in full force and effect as if the Government of the United Republic were substituted for the National Development Corporation, and all the rights and liabilities of the National Development Corporation under that instrument shall vest in the Government of the United Republic.
(2) Where in any instrument to which the National Development Corporation is not a party reference is made to that Corporation, and in the opinion of the Minister that reference should be to a specified corporation and not to the National Development Corporation, the Minister may, by notice in writing to all the parties to the instrument, notify those parties that the reference to the National Development Corporation in that instrument shall be construed as references to the specified corporation or, where the specified corporation is the Treasury Registrar, as references to the Government of the United Republic, and upon the notice being issued that instrument shall take effect as if references in it to the National Development Corporation were references to the specified corporation or the Government of the United Republic, as the case may be.
(3) Without prejudice to the generality of the provisions of subparagraphs (1) and (2) every instrument specified in the Third Schedule to this Order shall, with effect from the effective date and by virtue of this Order, continue in full force and effect as if the Tanzania Sisal Corporation were substituted for the National Development Corporation as a party to the instrument and all rights and liabilities of the National Development Corporation under the instrument shall, with effect from the effective date, vest in the Tanzania Sisal Corporation; and where the National Development Corporation is not a party to that instrument but the instrument contains any reference to the National Development Corporation then all references to the National Development Corporation shall be construed as references to the Tanzania Sisal Corporation.
6. Specified corporation shall have and may exercise all the powers necessary
For the avoidance of doubt and without prejudice to any of the other provisions of this Order it is hereby declared that in respect of any asset, liability, right or obligation vested, conferred or imposed upon any specified corporation, the specified corporation shall have and may exercise all the powers necessary or expedient to take possession and recover any property, to ascertain, perform and enforce any right, and to discharge any liability or obligation conferred or imposed upon it by virtue of this Order, and to deal with it, as the National Development Corporation would have had and could have exercised had this Order not been made.
7. Liabilities and powers to vest in the Tanzania Sisal Corporation
(1) As from the effective date by virtue of this Order and without further assurance all assets, liabilities and interests of the State Trading Corporation in and in respect of Kwaraguru Estates, being a partnership between Amboni Estates Limited, Kikwetu Sisal Estate Limited, Tungi Limited and the State Trading Corporation, shall vest in the Tanzania Sisal Corporation and the Tanzania Sisal Corporation shall for that purpose be deemed to be a partner in the said Kwaraguru Estates to the same extent and subject to the same terms and conditions as the State Trading Corporation was immediately preceding the effective date.
(2) For the avoidance of doubt it is hereby declared that as from the effective date the State Trading Corporation shall cease to have any interest in the said Kwaraguru Estates and the Tanzania Sisal Corporation shall be deemed to be a partner in the said Kwarguru Estates in place of the State Trading Corporation and shall have all the rights and be liable for all the liabilities in respect of the said partnership as the partner.
8. Constrution of this Order
(1) Nothing in this Order shall be construed as–
(a) validating or ratifying or deemed to be validating or ratifying any instrument or any term, covenant, condition or other provision of any instrument to which this Order relates;
(b) creating in favour or against any specified corporation or any other party any right or liability under any instrument to which this Order relates which is not a right or liability conferred or imposed under that instrument;
(c) reviving in favour of or against any specified corporation or any other party any right or liability conferred or imposed upon the National Development Corporation or any other specified corporation or that other party under any instrument to which this Order relates which had ceased to be legally enforceable prior to the effective date;
(d) reviving against any specified corporation or any other person any liability or obligation to which this Order relates and which had ceased to be legally enforceable prior to the effective date.
(2) Any action or other proceeding pending or instituted by or against the National Development Corporation at the effective date in respect of any asset or liability transferred to a specified corporation by this Order or under any instrument to which this Order relates, may be instituted or continued and completed by or against the specified corporation.
(3) Any action or other proceeding pending or instituted by or against the State Trading Corporation as a partner in the Kwaraguru Estates at the effective date in respect of the partnership business, or any matter arising from or relating to the partnership, may be instituted or continued and completed by or against the Tanzania Sisal Corporation.
FIRST SCHEDULE
PART I
Mwananchi Engineering and Contracting Company Limited.
PART II
National Property Development and Management Company Limited.
PART III
Ralli Estates Limited.
SECOND SCHEDULE
PART I
Liabilities of the National Development Corporation arising out of the Agreement dated 28th October, 1964 made between the Government of the United Republic of Tanganyika and Zanzibar, the Tanganyika Development Corporation and the Standard Bank Limited, and the Agreement dated 28th October, 1964 made between the Tanganyika Development Corporation, General Guarantee Corporation Limited, the Government of the United Republic of Tanganyika and Zanzibar and Ralli Brothers Limited, both of which Agreements relate to Ralli Estates Limited.
PART II
(1) Loan of Shs. 43,000/- due from the National Development Corporation to the Government of the United Republic of Tanzania, being part of the total in respect of Mwananchi Development Corporation.
(2) The guarantees given by the National Development Corporation to the National Bank of Commerce in respect of overdraft facilities to the extent of Shs. 4,250,000/- to be accorded to the Mwananchi Trading Company Limited by the National Bank of Commerce.
THIRD SCHEDULE
(1) Agreement known as Guarantee Agreement dated 28th October, 1964 made between the Government of the United Republic of Tanganyika and Zanzibar the Tanganyika Development Corporation (being the title by which the National Development Corporation was then known) and the Standard Bank Limited.
(2) The Agreement relating to shares in Ralli Estates Limited entered into on 28th October, 1964 between the Tanganyika Development Corporation (being the title by which the National Development Corporation was then known), the Government of the United Republic of Tanganyika and Zanzibar and Ralli Brothers Limited.
(Sections 3, 5 and 10)
G.N. No. 248 of 1969
1. Citation
This Order may be cited as the National Transport Corporation (Establishment) Order.
2. Interpretation
In this Order, unless the context requires otherwise–
"Act" means the Public Corporations Act *;
"Board" means the Board of Directors provided for in paragraph 5;
"Corporation" means the National Transport Corporation established by paragraph 3;
"inland waterway" means any lake or river;
"Minister" means the Minister responsible for transport.
3. Establishment of the Corporation
There is hereby established a public corporation to be known as the National Transport Corporation.
4. Functions of the Corporation
The functions of the Corporation shall be to–
(a) provide the development of means of carrying goods and persons or both goods and person by land, sea, inland waterway or air;
(b) conduct or engage in the businesses of carrying for hire or regard persons or goods, or both persons and goods, by land, sea, inland waterway or air;
(c) conduct or engage in any other business which, in the opinion of the Board, appertains to, or is expedient or convenient for enabling the Corporation to conduct or engage in, any of the businesses specified in subparagraph (b);
(d) establish branches and to carry on business within the United Republic or elsewhere;
(e) acquire by agreement and hold interests in any business specified in this paragraph which is being conducted by any person or in which any person is engaged;
(f) manage the business and affairs pertaining to any business of any person which, or an interest in which, had been transferred to, or acquired by, the Corporation under the provisions of the Act or this Order;
(g) do all other acts and things which are, in the opinion of the Board, necessary, expedient or convenient to enable the Corporation to carry on any business specified in this paragraph according to good business practice, to uphold and support the credit of the Corporation, to obtain and justify public confidence, and to avert or minimise any loss to the corporation;
(h) do any thing or enter into any transaction which, in the opinion of the Board, is calculated to facilitate the proper and efficient carrying on of the activities of the Corporation and the proper performance of its functions as specified in this paragraph.
5. Management vested in Board of Directors
(1) The management of the Corporation is hereby vested in a Board of Directors.
(2) The Board shall consist of–
(a) a Chairman who shall be appointed by the President;
(b) other members being not less than five nor more than nine whom the Minister may appoint, one of whom he shall nominate as its Vice-Chairman.
(3) There shall be a General Manager of the Corporation who shall be appointed by the President.
(4) The Board may from time to time appoint on such terms and conditions as it thinks fit such officers and servants of the Corporation as may be necessary for conducting the business of the Corporation.
(5) The Chairman and other members of the Board shall be entitled to any allowances and at the rates which the Minster may from time to time prescribe.
(6) The Minister may make regulations with respect to–
(a) the appointment of and the tenure and vacation of office by the members of the Board;
(b) the quorum, proceedings and meeting of the Board and determinations of the Board.
(7) Subject to the provisions of any regulation made under subparagraph (6) the Board shall have power to regulate their own procedure.
6. Salaries, etc. to be paid out of Corporation's funds
All salaries, fees and other allowances whatsoever payable to the Chairman, a member of the Board, the General Manager and other officers and servants of the Corporation, shall be paid out of the funds of the Corporation.
7. The seal of the Corporation
(1) The seal of the Corporation shall be affixed by the Chairman, the Vice-Chairman or the General Manager and witnessed by one other member of the Board.
(2) All contracts, guarantees, agreements, bonds, authorities, mortgages, charges, bills of exchange, promissory notes, bank drafts, letters of credit, securities and any other instruments to which the Corporation is a party, shall be executed on behalf of the Corporation–
(a) by the General Manager and a member of the Board; or
(b) by any other person or persons who may be authorised by the Board in that behalf:
Provided that the General Manager may, in writing, delegate his function under this subparagraph to any officer of the Corporation.
8. Board may act notwithstanding vacancy
Subject to the provisions of any regulations relating to quorum made under subparagraph (6) of paragraph 5, the Board may act notwithstanding any vacancy in its membership and no act or proceeding of the Board shall be invalid by reason only of some defect in the appointment of a member or a person who purports to be a member, or, where the Regulations provide for the appointment of an alternate member, in the appointment of that alternate member or a person who purports to be the alternate member.
9. Borrowing powers of the Corporation
The Corporation may from time to time borrow such sums of money as it may require to of the meet any of its obligations or for the Corporation purposes of its business.
10. Delegation of powers
(1) [Superseded by section 7 of R.E. Cap. 257.]
(2) The Minister is hereby designated as the Minister for the purposes of the provisions of section 35 of the Act which relates to the accounts of the Corporation.
[1st October, 1969]
G.N. No. 250 of 1969
1. Citation
This Order may be cited as the Public Corporations (The National Development Corporation Act) (Repeal and Consequential Provisions) Order.
2. Interpretation
In this Order, unless the context requires otherwise–
"effective date" means the 1st October, 1969;
"instrument" means any contract, guarantee, agreement (including agreement concluded by exchange of letters), bond, authority, mortgage, charge, bill of exchange, promissory note, bank draft, bank cheque, letter of credit and any other security or instrument whatsoever;
"Minister" means the Minister responsible for industries;
"N.D.C." means the National Development Corporation established by the National Development Corporation Act *;
"National Development Corporation" means the National Development Corporation established by the National Development Corporation (Establishment) Order * made under the Public Corporations Act *.
3. Assets and liabilities to rest in the National Development Corporation
(1) As from the effective date all the assets and liabilities of the N.D.C. shall vest in the National Development Corporation by virtue of this Order and without further assurance, and the N.D.C. shall be discharged from its obligation in respect of every such liability.
(2) For the purposes of this paragraph "assets and liabilities of the N.D.C." mean the assets and liabilities of the N.D.C. existing or, as the case may be, subsisting immediately before the coming into operation of this Order, that is to say, not including any asset or liability which has been transferred to the National Agricultural and Food Corporation or the Tanzania Tourist Corporation pursuant to the Orders made under the Public Corporations Act and published as Government Notice No. 184 of 1969 and Government Notice No. 185 of 1969 respectively.
4. Instruments to continue in full force and effect
(1) All instruments to which the N.D.C. is a party shall, with effect from the effective date and by virtue of this Order, continue in full force and effect as if the National Development Corporation were substituted for the N.D.C., and all the rights and liabilities of the N.D.C. under that instrument shall vest in the National Development Corporation.
(2) Where in any instrument to which the N.D.C. is not a party, reference is made to the N.D.C., and in the opinion of the Minister that reference should be made to the National Development Corporation, the Minister may, by notice in writing to all the parties to the instrument, notify the parties that the reference to the N.D.C. in that instrument shall be construed as references to the National Development Corporation, and upon that notice being issued the instrument shall take effect as if reference in it to the N.D.C. were references to the National Development Corporation.
(3) Where in any written law a reference is made to the N.D.C., that reference shall be deemed to be a reference to the National Development Corporation.
5. Repeal of the National Development Corporation Act
(1) [Repeals the National Development Corporation Act *.]
(2) For the avoidance of doubts it is hereby declared that notwithstanding the repeal of the National Development Corporation Act *, and the consequent dissolution of the N.D.C., it shall be lawful for the National Development Corporation to hold itself out as being the successor to the N.D.C. as if the N.D.C. were preserved and continued in existence as a corporation established under the Public Corporations Act *, under the title of the National Development Corporation:
Provided that the functions, management and all other matters relating to the National Development Corporation shall be regulated by the National Development Corporation (Establishment) Order, the Public Corporations Act *, and that the National Development Corporation Act * shall cease to have effect whatsoever in relation to the National Development Corporation.
(Sections 3, 5, 8, 9 and 10)
[1st January, 1970]
G.N. No. 2 of 1970
1. Citation
This Order may be cited as the Kibaha Education Center (Establishment) Order.
2. Interpretation
In this Order, unless the context otherwise requires–
"Act" means the Public Corporations Act *;
"Board" means the Board of Directors provided for in paragraph 6;
"Center" means the Kibaha Education Center established by paragraph 3;
"Minister" means the Minister responsible for regional administration and rural development;
"Nordic Board" means the Board established under the Kibaha Nordic Project (in accordance with the 1962 Agreement concluded between the Tanganyika Government and the Nordic countries), to administer the Project;
"Project" means the Kibaha Nordic Project.
3. Establishment of the Center
There is hereby established a public corporation to be known as the Kibaha Education Center.
4. Functions of the Center
The functions of the Center shall be–
(a) with the consent of the Nordic Board, to take over the assets and liabilities of the Project and to undertake all the activities of the Project;
(b) to promote agricultural development, including the provisions of academic and practical courses in agriculture and food production;
(c) to train and to provide training facilities for medical students, nurses and rural medical aids in preventive as well as curative medicine, public health and environmental hygiene;
(d) to train members of the public in public health and environmental hygiene;
(e) to provide any service or facility which the Ministry responsible for Health or the Faculty of Medicine at the University of Dar es Salaam may deem necessary to be established or performed for the furtherance of the objects for which the Center is established;
(f) to provide secondary school education in accordance with Government policy;
(g) to do anything or to enter into any transaction which, in the opinion of the Board, is calculated to facilitate the proper and efficient carrying on of its activities and the proper performance of its functions as specified in this paragraph.
5. Appointment of Director and staff
(1) The Minister shall appoint the Director, who shall be the principal administrator, executive and co-ordinating officer of the Center, and he shall be responsible to the Board.
(2) The Director shall be the Secretary to the Board for the purposes of attending meetings of the Board, keeping the minutes of the meetings and performing other secretarial duties as the Board may require.
(3) The Board, may, from time to time, appoint on such terms and conditions as it may think fit, any officers and servants whom it may think necessary for carrying out its functions:
(a) The headmaster of any Secondary School;
(b) a Medical Officer of Health in charge of the Health Services;
(c) an Assistant Rural Development Officer in charge of the rural development center, if any, shall be appointed by the Minister responsible for Education, the Minister responsible for Health, the Minister responsible for Agriculture, and the Minister responsible for Regional Administration, respectively, in consultation with the Board;
(d) an Agricultural Officer in charge of the Farmer Training Center.
6. Board of Directors
(1) The management of the Center is hereby vested in a Board of Directors.
(2) The Board shall consist of–
(a) the Chairman who shall be appointed by the President;
(b) one member to be appointed by the Minister responsible for agriculture;
(c) one member to be appointed by the Minister responsible for finance;
(d) one member to be appointed by the Minister responsible for health;
(e) one member to be appointed by the Minster responsible for education;
(f) one member to be appointed by the Minister responsible for regional administration;
(g) the District Commissioner of the Kibaha District or any person duly authorised by him to represent him at any meeting of the Board;
(h) three other members to be nominated by the members of the Board appointed in accordance with the provisions of subparagraphs (a) to (g) above.
(3) The members shall elect a Vice-Chairman of the Board from amongst their number.
(4) The Board may co-opt any person or persons to serve on the Board and the co-opted person or persons may take part in the deliberations of the Board but shall not vote.
(5)(a) A member of the Board appointed to represent a Ministry shall, unless he sooner dies or resigns or his appointment is revoked by the Minister who appointed him, hold office for a period of three years from the date of his appointment and shall be eligible for re-appointment.
(b) A member of the Board appointed under subparagraph (g) of paragraph (2) shall, unless he sooner dies or resigns or his appointment is revoked, hold office for a period of two years from the date of his appointment, and shall be eligible for re-appointment.
(c) If any member is, without the permission of the Board, absent for more than three consecutive meetings of the Board, he shall, unless the Minister directs otherwise, cease to be a member of the Board.
(d) 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, he shall cease to be a member.
(6) For the purposes of this Order "member of the Board" includes the Chairman.
7. Meetings
(1) The Board shall meet at least once in every six months and may meet at any times which the Chairman may deem necessary or expedient for the transaction of the business of the Board.
(2) All meetings of the Board shall be convened by the Chairman or, in his absence from the United Republic or incapacity through illness or other case, the Vice-Chairman who shall appoint the time, place and date for that meeting.
(3) The Chairman or, in his absence, the Vice-Chairman, shall preside at any meeting of the Board and in the absence of both the Chairman and the Vice-Chairman from any meeting, the members present at the meeting shall elect one of their number to be Chairman for that meeting.
8. Quorum and procedure at meetings
(1) A simple majority of the total number of the members of the Board shall constitute a quorum for any meeting of the Board.
(2) All acts, matters and things, authorised to be done by the Board shall be decided by resolution at a meeting of the Board at which a quorum is present.
(3) A decision of the majority of the members present and voting at a meeting of the Board at which a quorum is present shall be deemed to be a decision of the Board. If any member fails or refuses to vote he shall be deemed to have voted in the negative.
(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 casting vote in addition to his deliberative vote.
9. Minutes
Minutes in the proper form of each meeting of the Board shall be kept and those minutes shall be submitted to the Board at its next meeting and, if confirmed by the meeting, shall be signed by the Chairman of the meeting.
10. Execution of documents
(1) The seal of the Center shall be affixed by the Chairman, the Vice-Chairman or the Director and witnessed by one other member of the Board.
(2) All contracts, guarantees, bonds, securities, mortgages, charges, bills of exchange, promissory notes, bank drafts, letters of credit, securities and any other instruments to which the Center is a party shall be executed on behalf of the Center–
(a) by the Director and a member of the Board; or
(b) by any other person or persons who may be authorised by the Board in that behalf:
Provided that as respects any instrument specified in this subparagraph, the Director may in writing delegate his functions under this subparagraph to any officer of the Center, but that delegation shall not prevent the Director from exercising the functions himself.
11. Vacancies not to invalidate proceedings
Subject to the provisions of paragraph 8 relating to quorum, the Board may act notwithstanding any vacancy in its membership and no act or proceedings of the Board shall be invalid by reason only of some defect in the appointment of a member of a person who purports to be a member.
12. Funds of the Center
(1) The funds of the Centre shall consist of–
(a) any sums of money which may be provided by Parliament for the purposes of the Centre;
(b) any sums of money or other assets which the Centre may receive from the Nordic Project or any other source whatsoever;
(c) such sums of money as the Board may, subject to subparagraph (2) raise from time to time by way of loan or loans.
(2) The Centre may from time to time borrow any sums of money which it may require to meet any of its obligations and for the purposes of its business, and may secure any loans in any manner which the Board may, with the approval of the Minister, authorise.
13. Salaries, etc., to be paid out of Center's funds
(1) The Center shall apply its funds for the following purposes–
(a) the payment of all the salaries, fees and any other allowances duly payable to the Chairman, any other member of the Board, the Director and other officers or servants for the Center;
(b) the payment of the expenses, and other charges duly incurred by the Center or for which the Center may become duly liable in the course of its business;
(c) with the approval of the Minister, the creation of a reserve fund;
(d) any other purposes which the Board may approve.
(2) The Board may invest all or any portion of any moneys which are surplus to its requirements in any securities as may be approved by the Minister.
14. Director to prepare on Center's activities
The Director shall prepare and make a report of the activities of the Center and submit it to the Board twice every year and so that the period intervening between any one and the next report shall not exceed seven months.
15. Proceedings
Subject to the provisions of this Order, the Board shall regulate its own procedure.
16. Delegation of power
(1) [Superseded by section 7 of R.E. Cap. 257.]
(2) The Minister is hereby designated as the Minister for the purposes of the provisions of section 35 of the Act which relates to the accounts of the Center.
(Sections 3, 5 and 10)
G.N. No. 13 of 1971
1. Citation
This Order may be cited as the Tanzania Wood Industry Corporation (Establishment) Order.
2. Interpretation
In this Order, unless the context requires otherwise–
"Act" means the Public Corporations Act *;
"Board" means the Board of Directors provided for in paragraph 5;
"Corporation" means the Tanzania Wood Industry Corporation established by paragraph 3;
"Minister" means the Minister responsible for forests;
"wood" means wood of any kind or description and includes timber, saw-log, forest product, hard-board, fibre-board, cardboard, paper pulp, paper and other articles made of or from wood;
"wood industry" means the manufacture of any wood-work, operation of saw mill and includes buying, sealing, exporting, importing and marketing of wood and wood-works;
"wood-work" means any article made out of, or from, wood and includes a wood carving and also an article in the manufacture of which wood is used.
3. Establishment of Corporation
There is hereby established a public corporation to be known as the Tanzania Wood Industry Corporation.
4. Functions of Corporation
(1) The functions of the Corporation shall be to–
(a) promote the development of wood-industry and the production of wood and wood-works;
(b) carry on business as manufacturers, buyers and sellers of, and dealers in, wood-workers' supplies of all kinds, and in wood, buildings, veneers and wood-works of all kinds;
(c) carry on the business of logging operations, and buying and selling of logs of every description;
(d) buy, sell, prepare for market, manipulate, import, export and deal in wood and wood-works;
(e) carry on the business of timber and lumber merchants, lumber yard and saw mill proprietors;
(f) acquire by agreement and hold interest in any undertaking, enterprise or project associated with wood industry or the business of manufacturing, buying, selling, marketing, importing, exporting wood or wood-works;
(g) manage the affairs of any corporation, company, firm or other body, the interests of which are transferred to or acquired by the Corporation under the provisions of the Act or otherwise;
(h) carry on its business operations and activities either within the United Republic or elsewhere, whether as principal, agent, contractor or otherwise, and either alone or in conjunction with any other person, firm or body corporate;
(i) promote the interest and participation of local authorities and co-operative societies in wood industry, research in forestry and wood-work industry;
(j) do all other acts and things which may be necessary to uphold and support the credit of the Corporation and to attain and justify public confidence, and to avert or minimise any loss to the Corporation;
(k) do any act or thing or enter into any transaction which, in the opinion of the Board, is calculated to facilitate the proper and efficient carrying on of its activities and the proper performance of its functions as specified in this paragraph.
(2) The Corporation may perform its functions, either itself or through any contractor or contractors employed by the Corporation on such terms and conditions as the Board may approve.
5. Management vested in Board of Directors
(1) The management of the Corporation is hereby vested in a Board of Directors.
(2) The Board shall consist of–
(a) a Chairman who shall be appointed by the President;
(b) any other members being not less than five nor more than nine whom the Minister may appoint, one of whom he shall nominate as its Vice-Chairman.
(3) The President may appoint a General Manager of the Corporation.
(4) The Board may appoint on such terms and conditions as it thinks fit such officers and servants of the Corporation as may be necessary for conducting the business of the Corporation.
(5) The Chairman and other members of the Board shall be entitled to the allowances and at the rates which the Minister may from time to time prescribe.
(6) The Minister may make regulations with respect to–
(a) the appointment of and the tenure and vacation of office by the members of the Board;
(b) the quorum, proceedings and meetings of the Board and determinations of the Board.
(7) Subject to the provisions of any regulation made under subparagraph (6) the Board shall have power to regulate its own procedure.
6. Salaries, etc., to be paid out of Corporation's funds
All salaries, fees and any other allowances payable to the Chairman, a member of the Board, the General Manager and other officers and servants of the Corporation, shall be paid out of the funds of the Corporation.
7. Seal of Corporation
(1) The Seal of the Corporation shall be affixed by the Chairman, the Vice-Chairman or the General Manager and witnessed by one other member of the Board.
(2) All contract, guarantees, agreements, bonds, authorities, mortgages, charges, bills of exchange, promissory notes, bank drafts, letters of credit, securities and any other instruments to which the Corporation is a party, shall be executed on behalf of the Corporation–
(a) by the General Manager and a member of the Board; or
(b) by any other person or persons who may be authorised by the Board in that behalf:
Provided that the General Manager may, in writing, delegate his function under this subparagraph to any officer of the Corporation.
8. Board may act notwithstanding vacancy
Subject to the provisions of any regulations relating to quorum made under subparagraph (6) of paragraph 5, the Board may act notwithstanding any vacancy in the membership thereof and no act or proceeding of the Board shall be invalid by reason only of some defect in the appointment of a member or a person who purports to be a member or, where the regulations provide for the appointment of an alternate member, in the appointment of that alternate member or a person who purports to be the alternate member.
9. Borrowing powers of Corporation
The Corporation may from time to time borrow such sums of money as it may require to meet any of its obligations or for the purposes of its business.
10. Delegation of powers
(1) [Superseded by section 7 of R.E. Cap. 257.]
(2) The Minister is hereby designated as the Minister for the purposes of the provisions of section 35 of the Act which relates to the accounts of the Corporation.
(Sections 3, 5 and 10)
G.Ns. Nos.
32 of 1971
162 of 1972
96 of 1976
366 of 1985
1. Citation
This Order may be cited as the Tanzania Legal Corporation (Establishment) Order.
2. Interpretation
In this order unless the context otherwise requires–
"Act" means the Public Corporations Act *;
"Board" means the Board of Directors provided for in paragraph 5;
"Corporation" means the Tanzania Legal Corporation established by paragraph 3;
"legal services" means the services which an advocate would be expected to render to his client in the ordinary course of his business and any other services which the Board may approve;
"Minister" means the Minister responsible for legal affairs;
"parastatal organisation" means–
(a) a body corporate established by or under any written law other than–
(i) a company incorporated under the Companies Act *;
(ii) a body corporate established by or under any Act of the Community;
(iii) a Local Authority;
(b) any company registered under the Companies Act, not less than fifty per centum of the issued share capital of which is owned by the Government, a Local Authority or any parastatal organisation or, where the company is limited by guarantee, a company in respect of which the amount that the Government, a local Authority or a parastatal organisation which is a member of that company has undertaken to contribute in the event of the company being wound up is not less than fifty per centum of the aggregate amount which all members have undertaken to contribute; and references in this paragraph to a parastatal organisation include references to that company;
(c) any body of persons, whether corporate or unincorporated, which is designated by the Minister by Notice published in the Gazette to be a parastatal organisation for the purposes of this Order.
3. Establishment of Corporation
There is hereby established a public corporation to be known as the Tanzania Legal Corporation.
4. Functions
(1) The functions of the Corporation shall be–
(a) to provide legal services to parastatal organisations on such terms and conditions as may be agreed upon between the Corporation and the parastatal organisations;
(b) to provide any legal services to the Government which the Attorney-General may direct;
(c) subject to the directions of the Attorney-General, to provide legal services to members of the public on any terms and conditions which the Chief Corporation Counsel may deem fit;
(d) subject to the directions of the Attorney-General, to provide legal services to members of the public and other persons on any terms and conditions as the Chief Corporation Counsel may deem fit.
(2) The Corporation shall perform its functions in accordance with the best professional standards.
(3) The Corporation shall be entitled to charge any parastatal organisation to which it renders any legal service any fee which may be prescribed by any written law or, where no fee is prescribed for that service, any fee which may be agreed upon between the parties or which may be determined by the Attorney-General to be a reasonable fee.
5. Management of Corporation
(1) The management of the Corporation is hereby vested in a Board of Directors.
(2) The Board shall consist of–
(a) a Chairman who shall be nominated by the President;
(b) any other members, being not less than three nor more than five, whom the Minister may, after consultation with the Attorney-General, appoint.
(3) The Minister shall appoint from amongst the members of the Board, a Vice-Chairman.
(4) There shall be a Chief Corporation Counsel who shall be appointed by the Minister and who shall be the Chief Executive Officer of the Corporation.
(5) The Board may, from time to time, appoint on such terms and conditions as it may think fit, any number of Corporation Counsel and other employees of the Corporation who may be necessary for conducting the business of the Corporation.
(6) The Chairman and other members of the Board shall be entitled to the allowances and at the rates which the Minister may, from time to time, prescribe.
(7) The Minister may make regulations with respect to–
(a) the appointment of, the tenure of and the vacating of office by, the members of the Board;
(b) the quorum, proceedings and meetings of the Board and determinations of the Board.
(8) Subject to the provisions of any regulations made under subparagraph (7) the Board shall have power to regulate its own procedure.
6. Salaries, etc., to be paid out of Corporation's funds
All salaries, fees and other allowances whatsoever payable to the Chairman of the Board, a member of the Board, the Chief Corporation Counsel, Corporation Counsel and other employees of the Corporation shall be paid out of the funds of the Corporation.
7. Seal of Corporation
(1) The seal of the Corporation shall be affixed by the Chairman, the Vice-Chairman or the Chief Corporation Counsel, and witnessed by one other member of the Board.
(2) All contracts, guarantees, agreements, bonds, authorities, mortgages, charges, bills of exchange, promissory notes, bank drafts, letters of credit, securities or any other instruments to which the Corporation is a party, shall be executed on behalf of the Corporation either by the Chief Corporation Counsel or by any other officer of the Corporation whom the Chief Corporation Counsel may, by writing under his hand, appoint in that behalf.
8. Board may act notwithstanding vacancy
Subject to the provisions of any regulations relating to quorum made under subparagraph (7) of paragraph 5, the Board may act notwithstanding any vacancy in its membership and no act or proceeding of the Board shall be invalid by reason only of some defect in the appointment of a member or a person who purports to be a member or, where the regulations provide for the appointment of an alternate member, in the appointment of that alternate member or a person who purports to be the alternate member.
9. Borrowing powers of Corporation
The Corporation may from time to time borrow such sums of money as it may require to meet any of its obligations or for the purposes of its business.
10. Delegation of powers
(1) The Minister is hereby designated as the Minister for the purposes of the provisions of section 35 of the Act which relates to the accounts of a public corporation.
(2) [Superseded by section 7 of R.E. Cap. 257.]
(Section 7(1)(b))
G.N. No. 134 of 1972
1. This Order may be cited as the Public Corporations (Transfer of Shares in Rudewa Estates Limited to Tanzania Sisal Corporation) Order.
2. All the shares held by the Treasury Registrar in the Rudewa Estates Limited are hereby transferred to the Tanzania Sisal Corporation.
(Sections 3, 5 and 10)
G.N. No. 163 of 1972
1. Citation
This Order may be cited as the State Mining Corporation (Establishment) Order.
2. Interpretation
In this Order, unless the context otherwise requires–
"Act" means the Public Corporation Act *;
"Board" means the Board of Directors provided for in paragraph 6;
"Corporation" means the State Mining Corporation established by this Order;
"to mine" means to engage in any act, operation of process of, connected with or incidental to, the mining, extraction or treatment of any minerals; and
"mine" means any piece of land, place, building or structure, whether over or under the surface of the earth, on which or in which any mining operation is carried on;
"mineral" means any mineral substance and includes metals, precious metals, precious stone, semi-precious stone, salt and any other mineral whatsoever;
"Minister" means the Minister responsible for mineral resources;
"precious metals" means gold, silver or any other metal of the platinoid group;
"precious stone" means diamond, ruby, emerald, opal, sapphire, turquoise, tanzanite and any other gemstone or stone commonly falling within the group of precious stones.
3. Corporation
There is hereby established a Corporation to be known as the State Mining Corporation.
4. Functions
(1) The functions of the Corporation shall be–
(a) to carry on the business of prospectors, miners, producers, refiners, graders, cutters, storers, suppliers, buyers, sellers and distributors of minerals;
(b) to conduct or engage in mineral prospecting and mining operations including exploration, testing, appraisal, extraction, producing, treatment, processing, grading, cutting, storing, transportation and any other activities relating thereto (including buying, selling and marketing of minerals) as the Board may, from time to time, decide;
(c) to acquire by agreement and hold interests in any undertaking, enterprise or project associated with the exploration, prospecting and mining of minerals and for those purposes to obtain, exercise, carry out and use any mining lease, licence, concession, franchise, authority, power, right or privilege which any government, public body or other authority may be empowered to grant;
(d) to acquire shares or interest in any firm, company or other body of persons, whether corporate or unincorporated, engaged in mining of, or in prospecting, refining, grading, producing, cutting, processing, buying or selling or marketing of minerals;
(e) to manage the affairs of any corporation, company, firm or other body the interests of which are transferred to or acquired by the Corporation under the provisions of the Act, this Order or otherwise;
(f) to carry on its business, operations and activities either within Tanzania or elsewhere, whether as principal, agent, contractor or otherwise, and either alone or in conjunction with any other persons, firms or bodies corporate;
(g) to do all other acts and things which may be necessary to uphold and support the credit of the Corporation and to obtain and justify public confidence, and to avert or minimise any loss to the Corporation;
(h) to do any thing or enter into any transaction which, in the opinion of the Board, is calculated to facilitate the proper and efficient carrying on of its activities and the proper performance of its functions as specified in this paragraph.
5. Authorised capital of the Corporation
(1) The authorised nominal capital of the Corporation shall be one hundred million shillings divided into ten thousand shares having a par value of ten thousand shillings each.
(2) The initial paid up capital of the corporation shall be sixty-five million shillings which shall be raised by the issue of six thousand and five hundred fully paid up shares allotted to the United Republic.
(3) No person other than the United Republic shall be entitled to hold any share in the Corporation.
(4) Payment for any further share or shares issued by the corporation and allotted to the United Republic shall be made in the manner which the Minister, after consultation with the Board and the Minister for the time being responsible for finance, may decide.
6. Management vested in Board of Directors
(1) The management of the Corporation is hereby vested in a Board of Directors.
(2) The Board shall consist of–
(a) a Chairman who shall be appointed by the President;
(b) any other members, being not less than seven nor more than eleven, whom the Minister may appoint.
(3) The President shall appoint a General Manager who shall be the chief executive officer of the Corporation and shall be responsible to the Board for the management of the affairs of the Corporation.
(4) The terms of employment of the General Manager shall be determined by the President.
(5) The Board may from time to time appoint, on the terms and conditions which it thinks fit, any other officers and servants of the Corporation who may be necessary for conducting the business of the Corporation.
(6) The chairman and other members of the Board shall be entitled to the allowances and at the rates which the Minister may from time to time prescribe.
(7) The Minister may make regulations with respect to–
(a) the appointment of and the tenure and vacation of office by the members of the Board;
(b) the appointment of a Vice-Chairman or a temporary Chairman;
(c) the quorum, proceedings and meetings of the Board and determinations of the Board.
(8) Subject to the provisions of any regulations made under subparagraph (6) the Board shall have power to regulate its own procedure.
7. Salaries etc. to be paid out of Corporation's Fund
All salaries, fees and any other allowances payable to the Chairman, a member of the Board, the General Manager and other officers and servants of the Corporation, shall be paid out of the funds of the Corporation.
8. The seal of the Corporation
(1) The seal of the Corporation shall be affixed by the Chairman, the Vice-Chairman or the General Manager and the person affixing the seal shall sign the document in witness thereof.
(2) All contracts, guarantees, agreements, bonds, authorities, mortgages, charges, bills of exchange, promissory notes, bank drafts, letter of credit, securities and any other instruments to which the Corporation is a party, shall be executed on behalf of the Corporation by–
(a) the Chairman, the Vice-Chairman or the General Manager;
(b) any other person or persons who may be authorised by the Board in that behalf:
Provided that the Chairman may, in writing, delegate his function under this subparagraph to any officer of the Corporation.
9. Board may act notwithstanding vacancy
Subject to the provisions of any regulations relating to quorum made under subparagraph (7) of paragraph 6 the Board may act notwithstanding any vacancy in its membership and no act or proceeding of the Board shall be invalid by reason only of some defect in the appointment of a member of a person who purports to be a member or, where the regulations provide for the appointment of an alternate member, in the appointment of that alternate member or a person who purports to be the alternate member.
10. Borrowing power of the Corporation
The Corporation may from time to time borrow such sums of money as it may require to meet any of its obligation or for the purposes of its business or of the business of any of its subsidiary company, and may give such security for any loan which it may deem fit.
11. Delegation
(1) [Superseded by section 7 of R.E. Cap. 257.]
(2) The Minister is hereby designated as the Minister for the purposes of the provisions of section 35 of the Act which relates to the accounts of the Corporation.
(Section 7(1))
[1st January, 1973]
G.N No. 229 of 1972
1. Citation
This Order may be cited as the Public Corporations (Transfer of Assets) Order.
2. Interpretation
In this Order, unless the context requires otherwise–
"the Corporation" means the State Mining Corporation established by the State Mining Corporation (Establishment) Order * made under sections 3, 5 and 11 of the Public Corporations Act *;
"effective date" means the 1st day of January, 1973;
"the N.D.C." means the National Development Corporation established by the National Development Corporation (Establishment) Order * made under sections 3, 5 and 10 of the Public Corporations Act *;
"Scheduled Company" means a company specified in the Schedule to this Order.
3. Shares to be transferred to the Corporation
All the shares held by the N.D.C. in each and every of the Scheduled Companies shall, with effect from the effective date, by virtue of this Order and without further assurance, be transferred to and vest in the Corporation, and every person appointed by the N.D.C. as a Director of that company shall as from the effective date, vacate to fill the vacancy so created.
SCHEDULE
WILLIAMSON DIAMONDS.
TANZANIA DIAMOND CUTTING COMPANY LIMITED.
TANZANIA GEMSTONE INDUSTRIES LIMITED.
TANZANIA PORTLAND CEMENT COMPANY LIMITED.
(Sections 3, 6, 7 and 10)
G.Ns. Nos.
230 of 1973
230 of 1984
32 of 2001
1. Citation
This Order may be cited as the Capital Development Authority (Establishment) Order.
2. Interpretation
In this Order, unless the context requires otherwise–
"Authority" means the Capital Development Authority established by paragraph 3;
"Board" means the Board of Directors provided for in paragraph 7;
"Commission" means the Presidential Capital Development Commission established by paragraph 6.
3. Establishment of the Authority
There is established a public corporation to be known as the Capital Development Authority.
4. Functions of the Authority
The functions of the Authority shall be–
(a) to implement the decision to transfer the capital of Tanzania to Dodoma;
(b) to prepare plans for the development of Dodoma as the capital of Tanzania and submit the same to the President; and further to implement the plans approved by the President;
(c) to carry out and effect the necessary development of Dodoma so as to render the same suitable for the capital of Tanzania;
(d) to advise and assist the Government on an orderly transfer to Dodoma of various Government and other public officers;
(e) to acquire and hold, subject to the directions of the President, land and other immovable properties;
(f) to provide any service or facility which any Ministry, Department or Division of the Government, any public corporation or other parastatal institution, or any company, firm or other person may require for an orderly transfer of its business, activities and personnel to Dodoma;
(g) to do anything or to enter into any transaction which in the opinion of the Board, is calculated to facilitate the proper and efficient carrying on of its activities and the proper performance of its functions as specified in this paragraph.
5. Appointment of Director and staff
(1) The President shall appoint a Director-General who shall be the principal administrative, executive and co-ordinating officer of the Authority and shall be responsible to the Board.
(2) The Board may, subject to any general or specific directions given by the Commission, appoint from time to time and on such terms and conditions as it may deem fit, any officers and servants of the Authority whom the Board may think necessary for the carrying out of the functions of the Authority.
6. The Commission
(1) There is established a Commission, to be known as the Presidential Capital Development Commission, which, subject to the provisions of this Order, shall be responsible for the supervision and co-ordination of the transfer of the capital of Tanzania to Dodoma.
(2) The Commission shall consist of –
(a) The Prime Minister | Chairman; |
(b) The Minister of State Prime Minister's office (Policy Issues) | Vice Chairman; |
(c) The Minister for Regional Administration and Local Government | Member; |
(d) The Minister for Works | Member; |
(e) The Minister for Water and Livestock Development | Member; |
(f) The Minister for Water, Works, Energy, Lands and Environment of Revolutionary Government of Zanzibar | Member; |
(g) The Minister of State (Planning and Investments) The Revolutionary Government of Zanzibar | Member. |
(3) The Director General of the Capital Development Authority shall be the Secretary to the Commission.
(4) For the purposes of carrying out the functions conferred upon it by this paragraph, the Commission may–
(a) formulate and secure the implementation of a programme or programmes and a time-table for the transfer of the headquarters of national institutions and authorities from Dar es Salaam or elsewhere to Dodoma;
(b) formulate and give such policy directions or guidelines relating to the investment in Dodoma of funds and property by any person for the purposes of economic, industrial or social development;
(c) take all necessary measures to ensure the lawful implementation of all decisions and directions of the Government connected to the development of Dodoma as the capital of Tanzania;
(d) do any other act or thing which is, in the opinion of the Commission, necessary or desirable for securing the successful performance of the functions and purposes of the Authority.
7. Board of Directors
(1) The management of the Authority is hereby vested in a Board of Directors.
{mprestriction ids="1,2,3"}
(2) The Board shall consist of the–
(a) Minister of State in the Prime Minister's Office | Chairman; |
(b) Permanent Secretary in the Prime Minister's Office | Member; |
(c) Permanent Secretary in the Ministry responsible for Works of the Revolutionary Government of Zanzibar | Member; |
(d) Permanent Secretary in the Ministry of Finance | Member; |
(e) Permanent Secretary in the Ministry of Foreign Affairs and International Co-operation | Member; |
(f) Permanent Secretary in the Ministry of Works | Member; |
(g) Permanent Secretary in the Ministry of Energy and Minerals | Member; |
(h) Permanent Secretary in the Ministry of Water and Livestock Development | Member; |
(i) Permanent Secretary in the Ministry responsible for Communication and Transport of the Revolutionary Government of Zanzibar | Member. |
(3) The Director General of the Authority shall be the Secretary to the Board.
(4) The Board may co-opt any person or persons to serve on the Board and the co-opted person or persons may take part in the deliberations of the Board but shall not vote.
(5) A member of the Board appointed under subparagraph (2) shall, unless he sooner dies or resigns, hold office at the pleasure of the President.
(6) If any member is, without the permission of the Board, absent for more than three consecutive meetings of the Board, he shall unless the President otherwise directs, cease to be a member of the Board.
(7) A member of the Board may at any time resign by giving notice in writing to the President and from the date specified in the notice or if no date is specified from the date of the receipt by the President of the notice, he shall cease to be a member.
(8) For the purposes of this Order "member of the Board" includes the Chairman.
8. Meetings
(1) The Board shall meet at least once in every three months and may meet at the times which the Chairman may deem necessary or expedient for the transaction of the business of the Board.
(2) All meetings of the Board shall be convened by the Chairman or, in his absence from the United Republic, or incapacity through illness or other cause, the Vice-Chairman who shall appoint the time, place and date for the meeting.
(3) The Chairman or, in his absence the Vice-Chairman shall preside at any meeting of the Board. In the absence of both the Chairman and the Vice-Chairman from any meeting the members present at the meeting shall elect one of their number to be Chairman for that meeting.
9. Quorum and procedure at meetings
(1) A simple majority of the total number of the members of the Board shall constitute a quorum for any meeting of the Board.
(2) All acts, matters and things authorised to be done by the Board shall all be decided by resolution at a meeting of the Board at which a quorum is present.
(3) A decision of the majority of the members present and voting at a meeting of the Board at which a quorum is present 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 any equality of votes the Chairman of the meeting shall have a second or casting vote in addition to his deliberative vote.
10. Minutes
Minutes in the proper form of each meeting of the Board shall be kept and those minutes shall be submitted to the Board at its next meeting and, if confirmed by the meeting, shall be signed by the Chairman of the meeting.
11. Execution of documents
(1) The seal of the Authority shall be affixed by the Director-General, the Vice-Chairman, or any officer of the Authority whom the Board may appoint in that behalf and shall be witnessed by the person affixing the same or any other member of the Board or officer of the Authority whom the Board may nominate in that behalf.
(2) All contracts, guarantees, bonds, securities, mortgages, charges, bills of exchange, promissory notes, bank drafts, letters of credit, securities and any other instruments to which the Authority is a party shall be executed on behalf of the Authority–
(a) by the Chairman; or
(b) by the Director-General and any other person or persons who may be authorised by the Board in that behalf:
Provided that as respects any instrument specified in this subparagraph, the Chairman may in writing delegate his functions under this subparagraph to any officer of the Authority, but that delegation shall not prevent the Chairman from exercising the function himself.
12. Vacancies not to invalidate proceedings
Subject to the provisions of paragraph 8 relating to quorum, the Board may act notwithstanding any vacancy in its membership and no act or proceedings of the Board shall be invalid by reason only of some defect in the appointment of a member or a person who purports to be a member.
13. Limitation
Where any action or other legal proceeding is commenced against the Authority or any act done in pursuance or execution, or intended execution, of this Order or of any such duty or Authority shall have effect–
(a) action or legal proceeding shall be commenced against the Authority until at least 90 days after written notice containing the particulars of the claim and of intention to commence the action or legal proceedings has been served upon the Director General by the plaintiff or his agent; and
(b) the action or legal proceedings shall not lie or be instituted unless it is commenced within twelve months next after the act, neglect or default complained of or in the case of a continuing injury or damage, within six months next after the cessation thereof.
14. Restriction on execution against property of Authority
Notwithstanding to the contrary in any law where any judgment or order has been obtained against the Authority–
(a) no execution or attachment, or process in the nature thereof, shall be issued against the Authority or against any property of the Authority, but the Permanent Secretary Treasury shall cause to be paid out of the revenue of the Government such amounts as may, by the judgement or order, be awarded against the Authority to person entitled thereto; and
(b) no property of the Authority shall be seized or taken by any person having by law power to attach or distrain property without the previous written permission of the Permanent Secretary of the Ministry responsible for the time being for the Authority.
15. Trespass and unlawful occupation
Any person who unlawfully enters and takes possession of any premises owned by the Authority, shall–
(a) be guilty of any offence against this Order and liable on conviction therefor to a fine equivalent to the due rent with interest at the prevailing commercial rate or to imprisonment for a term not less than three months and not more than six months or to both such fine and imprisonment;
(b) be responsible for any loss or damage which may be caused by reason of his unlawful entry and the court which convicts such offender shall order him to pay the amount of any such loss or damage to the Authority and in default of such payment may impose a further term of imprisonment not less than one month.
16. Default in payment of rent
(1) Any person who neglects or wilfully undertakes not to pay the house rent as prescribed in the agreement for lease to the Authority, shall be guilty of an offence and liable on conviction therefore to a fine equivalent to the due rent or imprisonment for a term not less than three months and not more than six months in addition, shall be liable to a penalty equal to the rent, unless the offender has already paid such penalty to the Authority.
(2) Where any penalty imposed under this paragraph is recovered, the amount thereof shall be paid to the Authority.
(3) Nothing in this paragraph shall prejudice the right of the authority to any legal rights prescribed under the Rent Restriction Act *.
17. Power of arrest, removal and place of trial
Any person who commits any offence mentioned in paragraphs 15 and 16 of this Order may be arrested without warrant by any authorized employee of the Authority or police officer, and shall thereupon, with the least possible delay be taken before a magistrate having jurisdiction to try him or to commit him for trial. Provided that, save where there is reason to believe that such person will abscond, he shall, if his true name and address are ascertained, be released on his executing a bond without sureties for his appearance before a magistrate when required.
18. Unlawful development
Any person who–
(a) unlawfully enters and develops in the planned area without proper consent from the Authority; or
(b) lawfully acquires the land, but develops without presentation of plans and obtaining a consent from the Authority,
shall be liable for demolition of the said structure after previous issuing of notice or to reasonable time to remove the same, and shall in addition be guilty of an offence against this order and liable on conviction therefore to a fine of not less than ten thousands shillings or to imprisonment for a term not less than six months and not more than twelve months or to both such fine and imprisonment.
19. Defaulter to pay land rent
(1) Any person who lawfully occupies land and is required to pay land rent within prescribed time and if he fails to pay the same to the Authority, shall be guilty of an offence against this Order, and shall be liable on conviction therefor to a fine not exceeding the due rent, but not less than ten thousand shillings or imprisonment for a term not less than three months but not exceeding six months and, in addition, shall be liable to a penalty a half of the rent or amount payable.
(2) Where any penalty imposed under this subparagraph is recovered, the amount thereof shall be paid to the Authority.
(3) Nothing in this paragraph shall prejudice the right of the Authority to recover any amounts due from the offender by any other lawful means.
20. Funds of the Authority
(1) The funds of the Authority shall consist of–
(a) any sums of money which may be provided by Parliament for the purposes of the Authority;
(b) any sums of money which the Board may, subject to subparagraph (2), raise from time to time by way of loan or loans;
(c) any sums of money which may become vested in the Authority in any manner whatsoever.
(2) The Authority may from time to time borrow any sums of money which it may require to meet any of its obligations and for the purposes of its business, and may secure the loans in any manner which the Board may, with the approval of the President authorise.
21. Salaries, etc., out of Authority's funds
(1) The Authority shall apply its funds to be paid for the following purposes–
(a) the payment of all the salaries, fees, and any other allowances duly payable to the members of the Board and officers or servants of the Authority;
(b) the payment of the expenses, and other charges duly incurred by the Authority or for which the Authority may become duly liable in the course of the performance of its functions;
(c) any other purposes which the Board may approve.
(2) The Board may invest all or any portion of any moneys which are for the time being surplus to its requirements in any securities which may be approved by the President.
22. Report
The Director-General shall prepare and make a report of the activities of the Authority and submit it to the President twice every year and so that the period intervening between any one and the next report shall not exceed seven months.
23. Proceedings
Subject to the provisions of this Order, the Board shall regulate its own procedure.
(Sections 3, 4A and 10)
G.N. No. 268 of 1973
1. Citation
This Order may be cited as the National Textile Corporation (Establishment) Order.
2. Interpretation
In this Order, unless the context requires otherwise–
"Act" means the Public Corporations Act *;
"Board" means the Board of Directors provided for in paragraph 5;
"Corporation" means the National Textile Corporation established by paragraph 3;
"Minister" means the Minister responsible for industries;
"textile products" means products made out of soft or coarse fibres and includes garments of all descriptions.
3. Establishment of the Corporation
(1) There is hereby established a public corporation to be known as the National Textile Corporation.
(2) The authorised share Capital of the Corporation shall be five hundred million shillings and shall be divided into 50 shares having a par value of ten million shillings each.
(3) All the shares in the Corporation shall be subscribed to and held by the Treasury Registrar or any person whom the President may designate.
(4) The Shares shall be issued in any number and in any manner, and shall be paid in the manner, which the President may direct.
4. Functions of the Corporation
The functions of the Corporation shall be to–
(a) conduct and engage in the business of manufacturers, processors, producers, importers and exporters of textiles and textile products;
(b) buy, sell, import and export textiles and textile products and also all raw materials necessary for the manufacture of textiles and textile products;
(c) establish branches and carry on business either within the United Republic or elsewhere;
(d) acquire by agreement and hold interest in any undertaking, enterprise or project associated with textile industry;
(e) manage the affairs of any corporation, company, firm or other body the interests of which are transferred to or acquired by the Corporation under the provisions of the Act or any subsidiary legislation made under it;
(f) do all other acts and things which may be necessary to uphold and support the credit of the Corporation and to obtain and justify public confidence, and to avert or minimise any loss to the Corporation;
(g) do anything or enter into any transaction which, in the opinion of the Board, is calculated to facilitate proper and efficient carrying on of its activities and the proper performance of its functions as specified in this paragraph.
5. Management vested in Board of Directors
(1) The management of the Corporation is hereby vested in a Board of Directors.
(2) The Board shall consist of–
(a) a Chairman who shall be appointed by the President;
(b) any other members being not less than five nor more than nine whom the Minister may appoint, one of whom he shall nominate as its Vice-Chairman.
(3) There shall be a Managing Director of the Corporation who shall be appointed by the President.
(4) The Board may from time to time appoint on any terms and conditions which it thinks fit any officers and servants of the Corporation which may be necessary for conducting the business of the Corporation.
(5) The Chairman and other members of the Board shall be entitled to the allowances and at the rates which the Minister may from time to prescribe.
(6) The Minister may make regulations with respect to–
(a) the appointment of and the tenure and vacation of office by the members of the Board;
(b) the quorum, proceedings and meeting of the Board and determinations of the Board.
(7) Subject to the provisions of any regulation made under subparagraph (6) the Board shall have power to regulate its own procedure.
6. Salaries etc., to be paid out of Corporation's funds
All salaries, fees and any other allowances payable to the Chairman, a member of the Board, the Managing Director and other officers and servants of the Corporation, shall be paid out of the funds of the Corporation.
7. The seal of the Corporation
(1) The seal of the Corporation shall be affixed–
(a) by the Chairman or vice-chairman and witnessed by one other member of the Board; or
(b) by the Managing Director and a member of the Board.
(2) All contracts, guarantees, agreements, bonds authorities, mortgages, charges, bills of exchange, promissory notes, bank drafts, letters of credit, securities and any other instruments to which the Corporation is a party, shall be executed on behalf of the Corporation–
(a) by the Managing Director and a member of the Board; or
(b) by any other person or persons who may be authorised by the Board in that behalf:
Provided that the Managing Director may, in writing, delegate his functions under this subparagraph to any officer of the Corporation.
8. Board may act notwithstanding vacancy
Subject to the provisions of any regulations relating to quorum made under subparagraph (6) of paragraph 5, the Board may act notwithstanding any vacancy in the membership thereof and no act or proceeding of the Board shall be invalid by reason only of some defect in the appointment of a member or a person who purports to be a member, or, where the regulations provide for the appointment of an alternate member, in the appointment of that alternate member or a person who purports to be the alternate member.
9. Borrowing powers of the Corporation
The Corporation may from time to time borrow such sums of money as it may require to meet any of its obligations or for the purposes of its business.
10. Delegation of powers
(1) [Superseded by section 7 of R.E. Cap. 257.]
(2) The Minister is hereby designated as the Minister for the purposes of the provisions section 35 of the Act which relates to the accounts of the Corporation.
(Sections 3, 4A and 10)
G.N. No. 58 of 1974
1. Citation
This Order may be cited as the Tanzania Fisheries Corporation (Establishment) Order.
2. Interpretation
In this Order, unless the context requires otherwise–
"Act" means the Public Corporations Act *;
"aquatic flora" means all aquatic plants and other members of the aquatic vegetable kingdom and includes corals, sponges, sea weeds and water weeds;
"Board" means the Board of Directors provided for in paragraph 5;
"Corporation" means the Tanzania Fisheries Corporation established by paragraph 3;
"fish" means all forms of aquatic or amphibious life (including turtles, crabs and shell-fish) and includes the spat, brood, fry, spawn, ova and young of all those fish, but does not include any aquatic or amphibious animal to which the provisions of the Wildlife Conservation Act * apply or the young of that animal;
"fish product" means anything made, collected or obtained from fish and includes fish meal, dried fish, fish manure, offal, fish silage, canned fish, oil of any fish, pearl, mother-of-pearl, shell beche de mer, ambergris, larva and sponge;
"fishing industry" means and includes the collection, capture or gathering of fish, fish product or aquatic flora, the manufacture of fish products, the processing of fish products or aquatic flora and the manufacturing of fish products and products of aquatic flora;
"Minister" means the Minister responsible for natural resources.
3. Establishment of Corporation
There is hereby established a public corporation to be known as the Tanzania Fisheries Corporation.
4. Functions of Corporation
(1) The functions of the Corporation shall be to–
(a) promote the development of the fishing industry;
(b) buy, sell, prepare for market, import, export, all types of fish, fish products, aquatic flora and products of aquatic flora;
(c) participate in, sponsor and encourage the establishment of national and international ventures with the object of improving the fishing industry and the marketing of fish, fish products, aquatic flora and products of aquatic flora;
(d) participate in, sponsor and encourage the establishment of industries necessary for or expedient to the development of the fishing industry including the manufacture of fishing boats and fishing nets;
(e) participate in or undertake, on a commercial basis, any enterprise related to or connected with the fishing industry;
(f) carry out, promote or sponsor research in any aspect of the fishing industry and the marketing of fish, fish products and aquatic flora;
(g) manage the affairs of any corporation, company, firm or other body, the interests of which are transferred to or acquired by the Corporation under the provisions of the Act or otherwise;
(h) carry on its business operations and activities either within the United Republic or elsewhere, whether as principal, agent, contractor or otherwise, and either alone or in conjunction with any other person, firm or body corporate;
(i) promote the interest and participation of local authorities and co-operative societies in fishing industry;
(j) do all other acts and things which may be necessary to uphold and support the credit of the corporation and to attain and justify public confidence, and to avert or minimise any loss to the Corporation;
(k) do any act or thing or enter into any transaction which, in the opinion of the Board, is calculated to facilitate the proper and efficient carrying on of its activities and the proper performance of its functions as specified in this paragraph.
(2) The Corporation may perform its functions, either itself or through any contractor or contractors employed by the Corporation on any terms and conditions which the Board may approved.
5. Authorised capital
(1) The authorised nominal capital of the Corporation shall be twenty million shillings divided into twenty thousand shares having a par value of one thousand shillings each.
(2) The initial paid up capital of the Corporation shall be of any amount which the Minister may, after consultation with the Minister for Finance determine and the determination shall be published in the Gazette.
(3) No person other than the United Republic shall be entitled to hold shares in the corporation.
(4) Payment for any further share or shares issued by the Corporation and allowed to the United Republic shall be made in the a manner which the Minister, after consultation with the Board and the Minister for Finance may determine.
6. Management
(1) The management of the Corporation is hereby vested in a Board of Directors.
(2) The Board shall consist of–
(a) a Chairman who shall be appointed by the President;
(b) any other members being not less than five nor more than nine whom the Minister may appoint, one of whom he shall nominate as its Vice-Chairman.
(3) The President may appoint a General Manager of the Corporation.
(4) The Board may from time to time appoint on such terms and conditions as it thinks fit any officers and servants of the Corporation who may be necessary for conducting the business of the Corporation.
(5) The Chairman and other members of the Board shall be entitled to the allowances and at the rates which the Minister may from time to time prescribe.
(6) The Minister may make regulations with respect to the–
(a) appointment of and the tenure and vacation of office by the members of the Board;
(b) quorum, proceedings and meetings of the Board and determinations of the Board.
(7) Subject to the provisions of any regulation made under subparagraph (6) the Board shall have power to regulate its own procedure.
7. Salaries, etc., to be paid out of Corporation's funds
All salaries, fees and any other allowances payable to the Chairman, a member of the Board, the General Manager and other officers and servants of the Corporation, shall be paid out of the funds of the Corporation.
8. Seal of Corporation
(1) The seal of the Corporation shall be affixed by the Chairman, Vice-Chairman or the General Manager and witnessed by one other member of the Board.
(2) All contracts, guarantees, agreements, bonds, authorities, mortgages, charges, bills of exchange, promissory notes, bank drafts, letters of credit securities and any other instruments to which the Corporation is a party, shall be executed on behalf of the Corporation by–
(a) the General Manager and a member of the Board; or
(b) any other person or persons who may be authorised by the Board in that behalf:
Provided that the General Manager may, in writing, delegate his function under this subparagraph to any officer of the Corporation.
9. Board may act notwithstanding vacancy
Subject to the provisions of any regulations relating to quorum made under subparagraph (6) of paragraph 6, the Board may act notwithstanding any vacancy in its membership and no act or proceeding of the Board shall be invalid by reason only of some defect in the appointment of a member or a person who purports to be a member or, where the regulations provide for the appointment of an alternate member, in the appointment of that alternate member or a person who purports to be the alternate member.
10. Borrowing powers of Corporation
The Corporation may from time to time borrow such sums of money as it may require to meet any of its obligations or for the purposes of its business.
11. Delegation of powers
(1) [Superseded by section 7 of R.E. Cap. 257.]
(2) The Minister is hereby designated as the Minister for the purposes of the provisions of section 35 of the Act which relates to the accounts of the Corporation.
(Sections 3, 4A and 10)
G.Ns. Nos.
72 of 1974
82 of 1975
1. Citation
This Order may be cited as the State Motor Corporation (Establishment) Order.
2. Interpretation
In this Order, unless the context requires otherwise–
"Act" means the Public Corporations Act *;
"Board" means the Board of Directors provided for in paragraph 5;
"Corporation" means the State Motor Corporation established by paragraph 3;
"Minister" means the Minister responsible for commerce;
"motor vehicle" means any self-propelled vehicle intended or adapted for use on the roads for the conveyance of passengers or goods and includes a trailer.
3. Establishment of Corporation
There is hereby established a public corporation to be known as the State Motor Corporation.
4. Functions of Corporation
(1) The functions of the Corporation shall be to–
(a) import, buy, sell and export motor vehicles and spare parts and accessories of motor vehicles;
(b) carry on the business of assembling motor vehicles;
(c) carry on the business of a manufacturer of motor vehicles and of spare parts and accessories of motor vehicles;
(d) carry on the business of repairing and servicing of motor vehicles and of selling fuel oil and other products or material for use in motor vehicles;
(e) participate in or undertake, on a commercial basis, any enterprise related to or connected with the motor vehicle industry;
(f) carry out, promote or sponsor research in any aspect of the motor vehicle industry and the marketing of motor vehicles and spare parts and accessories of motor vehicle;
(g) manage the affairs of any corporation, company, firm or other body, the interests of which are transferred to or acquired by the Corporation under the provisions of the Act or otherwise;
(h) carry on its business operations and activities either within the United Republic or elsewhere, whether as principal, agent, contractor or otherwise, and either alone or in conjunction with any other person, firm or body corporate;
(i) do all other acts and things which may be necessary to uphold and support the credit of the Corporation and to attain and justify public confidence, and to avert or minimise any loss to the Corporation;
(j) do any act or thing or enter into any transaction which, in the opinion of the Board, is calculated to facilitate the proper and efficient carrying on of its activities and the proper performance of its functions as specified in this paragraph.
(2) The Corporation may perform its functions, either itself or through any contractor or contractors employed by the Corporation on any terms and conditions which the Board may approve.
5. Authorised capital
(1) The authorised nominal capital of the Corporation shall be twenty million shillings divided into twenty thousand shares having a par value of one thousand shillings each.
(2) The initial paid up capital of the Corporation shall be two million shillings.
(3) No person other than the United Republic shall be entitled to hold any share in the Corporation.
(4) Payment for any further share or shares issued by the Corporation and allowed to the United Republic shall be made in the manner which the Minister, after consultation with the Board and the Minister for Finance may determine.
6. Management
(1) The management of the Corporation is hereby vested in a Board of Directors.
(2) The Board shall consist of–
(a) a Chairman who shall be appointed by the President;
(b) any other members being not less than five nor more than nine whom the Minister may appoint, one of whom he shall nominate as its Vice-Chairman.
(3) The President may appoint a General Manager of The Corporation.
(4) The Board may from time to time appoint on such terms and conditions at it thinks fit such officers and servants of the Corporation as may be necessary for conducting the business of the Corporation.
(5) The Chairman and other members of the Board shall be entitled to the allowances and at the rates which the Minister may from time to time prescribe.
(6) The Minister may make regulations with respect to–
(a) the appointment of and the tenure and vacation of office by the members of the Board;
(b) the quorum, proceedings and meetings of the Board and determinations of the Board.
(7) Subject to the provisions of any regulations made under subparagraph 6 of paragraph 6 the Board shall have power to regulate its own procedure.
7. Salaries, etc. to be paid out of Corporation's funds
All salaries, fees and any other allowances payable to the Chairman, a member of the Board, the General Manager and other officers and servants of the Corporation, shall be paid out of the funds of the Corporation.
8. Seal of Corporation
(1) The Seal of the Corporation shall be affixed by the Chairman, the Vice-Chairman or the General Manager and witnessed by one other member of the Board.
(2) All contracts, guarantees, agreements, bonds, authorities, mortgages, bills of exchange, promissory notes, bank drafts, letters of credit, securities and any other instruments to which the Corporation is a party, shall be executed on behalf of the Corporation–
(a) by the General Manager and a member of the Board; or
(b) by any other person or persons who may be authorised by the Board in that behalf:
Provided that the General Manager may, in writing, delegate his function under this subparagraph to any officer of the Corporation.
9. Board may act notwithstanding vacancy
Subject to the provisions of any regulations relating to quorum made under subparagraph (6) of paragraph 6, the Board may act notwithstanding any vacancy in its membership and no act or proceeding of the Board shall be invalid by reason only of some defect in the appointment of a member or a person who purports to be a member or, where the regulations provide for the appointment of an alternate member, in the appointment of that alternate member or a person who purports to be the alternate member.
10. Borrowing powers of Corporation
The Corporation may from time to time borrow any sums of money as it may require to meet any of its obligations or for the purposes of its business.
11. Delegation of powers
(1) [Superseded by section 7 of R.E. Cap. 257.]
(2) The Minister is hereby designated as the Minister for the purposes of the provisions of section 35 of the Act which relates to the accounts of the Corporation.
(Sections 3, 4, 4A, and 10)
G.N. No. 124 of 1974
1. Citation
This Order may be cited as the National Institute for Productivity (Establishment) Order.
2. Interpretation
In this Order, unless the context requires otherwise–
"Act" means the Public Corporations Act *;
"Board" means the Board of Directors of the Institute;
"Institute" means the National Institute for Productivity established by paragraph 3;
"Minister" means the Minister responsible for Labour and Social Welfare.
3. Establishment of the Institute
There is established a public corporation to be known as the National Institute for Productivity.
4. Functions of the Institute
(1) The functions of the Institute shall be to–
(a) promote social and economic development by providing opportunities and facilities for the study of, and training in, the principles, procedures and techniques of management;
(b) conduct training programmes in development management, management consultancy and other topics related to them;
(c) provided advisory and consultancy services in subjects associated with development management to the Government and any other bodies or organisations which may be approved by the Minister;
(d) give advice and make recommendations on any matters of modern management techniques and practices as the Minister may refer to the Institute for its advice;
(e) train and develop any persons who may be admitted to the training programmes conducted by the Institute in the use and practical application of modern management techniques in industrial and business undertakings;
(f) conduct courses of study designed especially to promote improvement in productivity and increase in efficiency by industrial and business enterprises;
(g) carry out applied research studies and surveys aimed at developing practical techniques for the elimination or minimisation of industrial and manpower problems in Tanzania;
(h) promote the achievement of improved productivity by enterprises in Tanzania by rendering advice and technical assistance to management, workers and trade union representatives in the establishment of high standards of quality of products, performance, production targets and wage incentive schemes;
(i) give advice and assistance as may be required by the Government and any other bodies or organisations which may be approved by the Institute in the selection and employment of local or foreign consultants and advisors;
(j) co-operate with other management institutions or organisations in Tanzania and elsewhere in the implementation of measures calculated to foster, encourage and promote the expansion and wide use in business, industry and commerce of modern management techniques and practices;
(k) sponsor, arrange or provide facilities for conferences and seminars on topics related to the work and activities of the Institute;
(l) establish divisions or departments within the Institute for the organisation and administration of its work and activities;
(m) manage the affairs of any institute, college, training establishment or consultancy organisation, the interests of which are transferred to or otherwise acquired by the Institute;
(n) arrange for the publication and general dissemination of material produced in connection with the work and activities of the Institute, including training material, hard books and the recorded results of research projects;
(o) do all other acts and things which may be necessary to uphold and support the credit of the Institute and to obtain and justify public confidence, and to avert or minimise any loss to the Institute;
(p) do anything or enter into any transaction which, in the opinion of the Board, is calculated to facilitate the proper and efficient carrying out of the Institute's activities and the proper performance of its functions as specified in this paragraph.
(2) The Institute shall be entitled to charge any person or body of person to whom it renders any service any fee which may be prescribed by any written law or, where no fee is prescribed for the service, the fee which may be agreed upon between the parties which as may be determined by Minister to be a reasonable fee.
(3) The Institute shall render its services in accordance with the best standards.
5. Management vested in Board of Directors
(1) The management of the Institute is hereby vested in the Board of Directors.
(2) The Board shall consist of–
(a) a Chairman who shall be appointed by the President;
(b) any other members, being not less than five nor more than nine, whom the Minister may appoint.
6. Appointment of Managing Director and staff
(1) The Minister shall appoint a Managing Director who shall be the chief executive officer of the Institute and shall be responsible to the Board for the management of the affairs of the Institute.
(2) The terms of employment of the Managing Director shall be as the Minister may determine.
(3) The Board may from time to time appoint, on the terms and conditions which it thinks fit, any other officers and servants of the Institute who may be necessary for conducting the business of the Institute.
(4) The Chairman and other members of the Board shall be entitled to the allowances at the rate which the Minister may from time to time prescribe.
7. Funds of the Institute
The Funds of the Institute shall consist of any sums of money–
(a) as may be provided by Parliament for the purpose of the Institute;
(b) as the Institute may receive by way of grant or loan from any person or organisation;
(c) which the Board may, from time to time, with the consent of the Minister, borrow for the purposes of the Institute;
(d) which may in any manner become payable to or vested in the Institute either under the provisions of this Order or any other written law, or incidental to the carrying out of its functions.
8. Borrowing power of Institute
The Institute may from time to time borrow any sums of money which it may require the to meet any of its obligations or for the purpose of its business.
9. Salaries, etc., to be paid out of Institute's funds
(1) The Institute shall apply its funds for the following purposes–
(a) the payment of all the salaries, fees and other allowances whatsoever duly payable to the Chairman, any member of the Board, the Managing Director and other officers or servants of the Institute;
(b) the payment of the expenses and other charges duly incurred by the Institute or for which the Institute may become duly liable in the course of its business;
(c) with the approval of the Minister, the creation of a reserve fund;
(d) any other purposes which the Board may approve.
(2) The Board may invest all or any portion of any moneys which are for the time being surplus to its requirements in any securities which may be approved by the Minister.
10. Regulations
(1) The Minister may make regulations with respect to–
(a) the appointment and the tenure and vacation of office by the members of the Board;
(b) the quorum and meetings of the Board of Directors and determinations of the Board.
(2) Subject to the provisions of any regulations made under subparagraph (1) the Board shall have power to regulate its own procedure.
11. Board may act notwithstanding vacancy
Subject to the provisions of any regulations relating to quorum made under subparagraph (1) of paragraph 10, the Board may act notwithstanding any vacancy in its membership and no act or proceeding of the Board shall be invalid by reason only of some defect in the appointment of a member or a person who purports to be a member or, where the regulation provide for the appointment of an alternate member, in the appointment of that alternate member or person who purports to be the alternate member.
12. Reports
The Managing Director shall prepare and make a report of the activities of the Institute and submit it to the Minister twice every year and so that the period intervening between any one and the such report shall not exceed seven months.
13. Delegation of powers
(1) [Superseded by section 7 of R.E. Cap. 257.]
(2) The Minister is hereby designated as the Minister for the purpose of the provisions of section 35 of the Act, which relates to the accounts of the institute.
(Sections 3, 4A and 10)
G.N. No. 219 of 1974
1. Citation
This Order may cited as the Mzinga Corporation (Establishment) Order.
2. Interpretation
In this Order, unless the context requires otherwise–
"Act" means the Public Corporations Act *;
"Board" means the Board of Directors provided for in paragraph 6;
"Corporation" mean the Mzinga Public Corporation established by paragraph 3;
"Minister" means the Minister responsible for defence and national service.
3. Establishment of Corporation
There is hereby established a public corporation to be known as the Mzinga Corporation.
4. Functions of Corporation
(1) The functions of the Corporation shall be to–
(a) carry on the business of manufacture and supplier of any equipment and material which the Board may from time to time determine;
(b) carry on the business of repairing and servicing of material of any kind;
(c) carry out, promote or sponsor research into any aspect of the production and use of material of any kind;
(d) do all other acts and things which may be necessary to uphold and support the credit of the Corporation and to attain and justify public confidence, and to avert or minimise any loss to the Corporation;
(e) do any act or thing or enter into any transaction which, in the opinion of the Board, is calculated to facilitate the proper and efficient carrying out of its activities and the proper performance of its functions as specified under this paragraph.
(2) The Corporation may perform its functions, either itself or through any contractor or contractors employed by the Corporation on the terms and conditions which the Board may approve.
5. Funds of the Corporation
(1) The funds of the Corporation shall consist of any sums of money which–
(a) may be provided by Parliament for the purposes of the Corporation;
(b) the Board may, subject to subparagraph (2), raise by way of loan or loans;
(c) may become vested in the Corporation in any manner whatsoever.
(2) The Corporation may from time to time borrow any sums of money which it may require to meet any of its obligations and for the purposes of its business, and may secure the loans in any manner which the Board may, with the approval of the Minister, authorise.
6. Management
(1) The management of the Corporation is hereby vested in a Board of Directors.
(2) The Board shall consist of–
(a) a Chairman who shall be appointed by the President;
(b) any other members being not less than five nor more than nine whom the Minister may appoint, one of whom he shall nominated as its Vice-Chairman.
(3) The President may appoint a General Manager of the Corporation.
(4) Subject to the directions of the Minister, Board may from time to time appoint on such terms and conditions as it thinks fit any officers and servants of the Corporation who may be necessary for conducting the business of the Corporation.
(5) The Chairman and other members of the Board shall be entitled to the allowances and at the rates as the Minister may from time to time prescribed.
(6) The Minister may make regulations with respect to–
(a) the appointment of and the tenure and vacation of office by the members of the Boards;
(b) the quorum, proceedings and meetings of the Board and determinations of the Board.
(7) Subject to the provisions of any regulation made under subparagraph (6) the Board shall have power to regulate its own procedure.
7. Salaries, etc., to be paid out of Corporation's funds
All salaries, fees and other allowances whatsoever payable to the Chairman, a member of the Board, the general manager and other officers and servants of the Corporation, shall be paid out of the funds of the Corporation.
8. Seal of Corporation
(1) The seal of the Corporation shall be affixed by the Chairman, Vice-Chairman or the General Manager and witnessed by one other member of the Board.
(2) All contracts, guarantees, agreements, bonds, authorities, mortgages, charges, bills of exchange, promissory notes, bank drafts, letters of credit, securities and any other instruments to which the Corporation is a party, shall be executed on behalf of the Corporation–
(a) by the General Manager and a member of the Board; or
(b) by any other person or persons who may be authorised by the Board in that behalf:
Provided that the General Manager may, in writing, delegate his functions under this subparagraph to any officer of the Corporation.
9. Board may act notwithstanding vacancy
Subject to the provisions of any regulations relating to quorum made under subparagraph (6) of paragraph 6, the Board may act notwithstanding any vacancy in its membership and no act or proceeding of the Board shall be invalid by reason only some in the appointment of a member or a person who purports to be a member or, where the regulations provide for the appointment of an alternate member, in the appointment of that alternate member or a person who purports to be the alternate member.
10. Delegation of powers
(1) [Superseded by section 7 of R.E. Cap. 257.]
(2) The Minister is hereby designated as the Minister for the purposes of the provisions of section 35 of the Act which relates to the accounts of the Corporation.
(Section 3, 4A and 10)
G.Ns. Nos.
231 of 1974
389 of 1990
1. Citation
This Order may be cited as the Tanzania Wildlife Corporation (Establishment) Order.
2. Interpretation
In this Order, unless the context requires otherwise–
"Act" means the Public Corporations Act *;
"animal" shall have the meaning assigned to that expression by section 2 of the Wildlife Conservation Act *;
"Board" means the Board of Directors provided for in paragraph 6;
"Corporation" means the Tanzania Wildlife Corporation established by paragraph 3;
"Minister" means the Minister responsible for natural resources;
"trophy" shall have the meaning assigned to those expressions by section 2 of the Wildlife Conservation Act *.
3. Establishment of Corporation
There is hereby established a public corporation to be known as the Tanzania Wildlife Corporation.
4. Functions of Corporation
(1) The functions of the Corporation shall be to–
(a) hunt and capture animals and to buy, sell, export or otherwise deal in live animals and trophies;
(b) process and manufacture trophies;
(c) establish and maintain abattoirs, cold storage plants and other plants and machinery necessary for the processing and marketing of wildlife meat and other animal products;
(d) promote public interest, both within and outside the United Republic, in the Tanzania Wildlife;
(e) establish and maintain animal parks, farms, zoos, aviaries, aquaria and like establishments;
(f) manufacture, buy, sell, import, export or otherwise deal in equipment, material and goods necessary or expedient for effective performance of its functions;
(g) participate in or undertake, on a commercial basis, any enterprise related to or connected with wildlife;
(h) carry out, promote or sponsor research in any aspect of the wildlife industry and the marketing of trophies, animal meat and other animal products;
(i) manage the affairs of any corporation, company, firm or other body, the interests of which are transferred to or acquired by the Corporation under the provisions of any written law or otherwise;
(j) carry on its business operations and activities either within the United Republic or elsewhere, whether as principal, agent, contractor or otherwise, and either alone or in conjunction with any other person, firm or body corporate;
(k) do all other acts and things which may be necessary to uphold and support the credit of the Corporation and to attain and justify public confidence, and to avert or minimise any loss to the Corporation;
(l) do any act or thing or enter into any transaction which, in the opinion of the Board, is calculated to facilitate the proper and efficient carrying on of its activities and the proper performance of its functions as specified in this paragraph.
(2) The Corporation may perform its functions, either itself or through any contractor or contractors employed by the Corporation on the terms and conditions which the Board may approve.
(3) Nothing in this paragraph shall be construed as authorising the Corporation or any officer of the Corporation to contravene any provision of the Act.
5. Authorised capital
(1) The authorised nominal capital of the Corporation shall be four hundred million shillings divided into four hundred thousand shares having a par value of one thousand shillings each.
(2) The initial paid up capital of the Corporation shall be of the amount which the Minister may, after consultation with the Minister for Finance, determine and the determination shall be published in the Gazette.
(3) No person other than the United Republic shall be entitled to hold any share in the Corporation.
(4) Payment for any further share or shares issued by the Corporation and allotted to the United Republic shall be made in any a manner as the Minister, after consultation with the Board and the Minister for Finance, shall determine.
6. Management
(1) The management of the Corporation is hereby vested in a Board of Directors.
(2) The Board shall consist of–
(a) a Chairman who shall be appointed by the President;
(b) any other members being not less than five nor more than nine as the Minister may appoint, one of whom he shall nominate as its Vice-Chairman.
(3) The President may appoint a General Manager of the Corporation.
(4) The Board may from time to time appoint on such terms and conditions as it thinks fit officers and servants of the Corporation who may be necessary for conducting the business of the Corporation.
(5) The Chairman and other members of the Board shall be entitled to the allowances and at the rates which the Minister may from time to time prescribe.
(6) The Minister may make regulations with respect to–
(a) the appointment of and the tenure and vacation of office by the members of the Board;
(b) the quorum, proceedings and meetings of the Board and determinations of the Board.
(7) Subject to the provisions of any regulation made under subparagraph (6) the Board shall have power to regulate its own procedure.
7. Salaries, etc., to be paid out to Corporation's funds
All salaries, fees, and other allowances whatsoever payable to the Chairman, a member of the Board, the General Manager and other officers and servants of the Corporation, shall be paid out of the funds of the Corporation.
8. Seal of Corporation
(1) The seal of the Corporation shall be affixed by the Chairman, Vice-Chairman or the General Manager and witnessed by one other member of the Board.
(2) All contracts, guarantees, agreement, bonds, authorities, mortgages, charges, bills of exchange, promissory notes, bank drafts, letters of credit, securities and any other instruments to which the Corporation is a party, shall be executed on behalf of the Corporation–
(a) by the General Manager and a member of the Board; or
(b) by any other person or persons who may be authorised by the Board in that behalf:
Provided that the General Manager may, in writing, delegate his function under this subparagraph to any officer of the Corporation.
9. Board may act notwithstanding vacancy
Subject to the provisions of any regulations relating to quorum made under subparagraph (6) of paragraph 6, the Board may act notwithstanding any vacancy in its membership and no act or proceeding of the Board shall be invalid by reason only of some defect in the appointment of a member or a person who purports to be a member or, where the regulations provide for the appointment of an alternate member, in the appointment of that alternate member or a person who purports to be the alternate member.
10. Borrowing powers of Corporation
The Corporation may from time to time borrow such sums of money as it may require to meet any of its obligations or for the purposes of its business.
11. Delegation of powers
(1) [Superseded by section 7 of R.E. Cap. 257.]
(2) The Minister is hereby designated as the Minister for the purposes of the provisions of section 35 of the Act which relates to the accounts of the Corporation.
(Sections 3, 4A, 7 and 10)
G.N. No. 70 of 1976
1. Citation
This Order may be cited as the Uyole Agricultural Centre (Establishment) Order.
2. Interpretation
In this order, unless the context requires otherwise–
"Act" means the Public Corporations Act *;
"Board" means the Board of Directors provided for in paragraph 6;
"Centre" means the Uyole Agricultural Centre established by paragraph 3;
"member" in relation to the Board includes the Chairman;
"Minister" means the Minister responsible for agriculture.
3. Establishment of the Centre
There is hereby established a public corporation to be known as the Uyole Agricultural Centre.
4. Functions of the Centre
The functions of the Centre shall be to–
(a) promote economic, social and political development by providing opportunities and facilities from training and research in the application of science and technology to agricultural and rural development;
(b) engage in research in matters relating to the efficient organisation and management of the agricultural industry and, in particular, but without prejudice to, the generality of the preceding functions the application of science and technology to the production of livestock and products derived from livestock and agricultural products; and to evaluate the findings of any research carried out by the Centre;
(c) conduct training and provide academic and practical courses of study in the production of agricultural products, livestock and products derived from livestock, and the management of businesses associated with the agricultural industry;
(d) plan and carry out activities relating to small industries for the purpose of manufacturing and marketing their products and providing training in the management of small industry enterprises;
(e) engage in agricultural activities for the purpose of demonstration of the management of the agricultural industry on a commercial basis and for promoting self-reliance in the production of the food requirements of the Centre;
(f) provide facilities for and to undertake the production of equipment, instruments and other devices for agricultural purposes;
(g) give advice and assist the Government, other public authorities and any other bodies or organisations which the Board may approve on matters relating to the agricultural industry;
(h) sponsor, arrange and provide facilities for in-service training courses, workshops, conferences and seminars for discussion of matters relating to the work and activities of the Centre;
(i) manage the affairs of any institute or other establishment engaged in agricultural training, research or production the interests of which are transferred to or otherwise acquired by the Centre;
(j) participate in or carry out any activities or functions relating to agricultural extension service which may be specified by the Minister;
(k) arrange for the publication and dissemination of material produced in connection with the work and activities of the Center, including books, manuals, records of research and audio-visual aid materials;
(l) do all other acts and things, and to enter into all contracts and transactions, which are, in the opinion of the Board, expedient or necessary for the proper and efficient performance of the functions of the Centre.
5. Appointment of Director, Deputy Director and staff
(1) The President shall appoint a Director and may appoint a Deputy Director of the Centre.
(2) The Director shall be the principal administrative, executive and co-ordinating officer of the Centre and shall be responsible to the Board.
(3) The functions of the Deputy Director shall be generally to assist the Director and in the event of the Director being unable to perform his functions by reason of illness, infirmity, absence from the United Republic or otherwise, to act in the office of the Director and perform the functions of that office.
(4) The Board may, from time to time, appoint on any terms and conditions which it may deem fit, any officers and employees of the Centre whom the Board may think necessary for the carrying out of the functions of the Centre.
6. Board of Directors
(1) The management of the Centre is hereby vested in a Board of Directors.
(2) The Board shall consist of–
(a) a Chairman who shall be appointed by the President;
(b) the Permanent Secretary, Ministry of Finance;
(c) the Permanent Secretary, Ministry of Manpower Development;
(d) the Permanent Secretary, Office of the Prime Minister;
(e) the Permanent Secretary, Ministry of Agriculture;
(f) the Regional Administrative Secretary for Mbeya Region;
(g) one member to be nominated by the Vice-Chancellor of the University of Dar es Salaam and appointed by the Minister;
(h) not more than four other members to be appointed by the Minister.
(3) The members of the Board shall elect a Vice-Chairman of the Board from amongst their number.
(4) The Board may co-opt any person or persons to serve on the Board the such co-opted person or persons may take part in the deliberations of the Board but shall not be entitled to vote.
(5) The Director or in his absence the Deputy Director shall be entitled to be present and to speak at any meeting of the Board but shall not be entitled to vote unless he is a member.
(6) A member of the Board appointed under subparagraph 2(g) or 2(h) shall, unless he sooner dies or resigns or his appointment is revoked, hold office for a period of three years from the date of his appointment, and shall be eligible for re-appointment.
(7) If any member of the Board is, without the permission of the Board, absent from more than three consecutive meetings of the Board, he shall, unless the Minister otherwise directs, cease to be a member.
(8) 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, he shall cease to be a member.
7. Meetings
(1) The Board shall meet at least once in every six months and may meet at any times which the Chairman may deem necessary or expedient for the transaction of the business of the Board.
(2) All meetings of the Board shall be convened by the Chairman or, in his absence from the United Republic or incapacity through illness or other cause, the Vice-Chairman who shall appoint the time, place and date for that meeting.
(3) The Chairman or, in his absence, the Vice-Chairman, shall preside at the meetings of the Board. In the absence of both the Chairman, and the Vice-Chairman from any meeting the members present at the meeting shall elect one of their number to be the Chairman for that meeting.
8. Quorum and procedure at meetings
(1) A simple majority of the total number of the members of the Board shall constitute a quorum for any meeting of the Board.
(2) All acts, matters and things, authorised to be done by the Board shall be decided by resolution at a meeting of the Board at which a quorum is present.
(3) A decision of the majority of the members present and voting at a meeting of the Board at which a quorum is present 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 casting vote in addition to his deliberative vote.
9. Minutes to be kept
Minutes in proper form of each meeting of the Board shall be kept and those minutes shall be submitted to the Board at its next meeting and, if confirmed by the meeting, shall be signed by the chairman of the meeting.
10. Execution of documents
(1) The seal of the Centre shall be affixed by the Chairman, the Vice-Chairman or the Director and witnessed by one other member of the Board.
(2) All contracts, guarantees, bonds, securities, mortgages, charges, bills of exchange, promissory notes, bank drafts, letter of credit, securities and any other instruments to which the Centre is a party shall be executed on behalf of the Centre–
(a) by the Director and a member of the Board; or
(b) by any other person or persons who may be authorised by the Board in that behalf:
Provided that as respects any instrument specified in this subparagraph, the Director may in writing delegate his functions under this subparagraph to any officer of the Centre, but that delegation shall not prevent the Director from exercising the function himself.
11. Vacancies not to invalidate proceedings
Subject to the provisions of paragraph 8 relating to quorum, the Board may act notwithstanding any vacancy in its membership and no act or proceeding of the Board shall be invalid by reason only of some defect in the appointment of a member or a person who purports to be a member.
12. Funds of the Center
(1) The funds of the Centre shall consist of any sums of money–
(a) which may be provided by Parliament for the purposes of the Centre;
(b) or other assets which the Centre may receive from any source;
(c) which the Board may, subject to subparagraph (2) raise from time to time by way of loan or loans.
(2) The Centre may from time to time borrow the sums of money which it may require to meet any of its obligations and for the purposes of its business, and may secure any such loans in any manner which the Board may, with the approval of the Minister, authorise.
13. Salaries, etc., to be paid out of Centre's funds
(1) The Centre shall apply its funds for the following purposes–
(a) the payment of all the salaries, fees and other allowances whatsoever duly payable to the Chairman, any other member of the Board, the Director and other officers or employees of the Centre;
(b) the payment of the expenses and other charges duly incurred by the Centre or for which the Centre may become duly liable in the course of its business;
(c) with the approval of the Minister, the creation of a reserve fund;
(d) any other purposes which the Board may approve.
(2) The Board may invest all or any portion of any moneys which are surplus to its requirements in any securities as may be approved by the Minister.
14. Director's report
The Director shall prepare and make a report of the activities of the Centre and submit it to the Board twice every year and so that the period intervening between any one and the next report shall not exceed seven months.
15. Proceedings
Subject to the provisions of this Order, the Board shall regulate its own procedure.
16. Delegation of power
(1) [Superseded by section 7 R.E. Cap. 257.]
(2) The Minister is hereby designated as the Minister for the purposes of the provisions of section 35 of the Act which relates to the accounts of the Center.
(Sections 3, 4A, 7 and 10)
G.N. No. 128 of 1976
1. Citation
This Order may be cited as the Tanzania Saruji Corporation (Establishment) Order.
2. Interpretation
In this Order, unless the context requires otherwise–
"Board" means the Board of Directors provided for in paragraph 6;
"Corporation" means the Tanzania Sewerage Corporation established by paragraph 3;
"Minister" means the Minister responsible for industries.
3. Establishment of the Corporation
There is hereby established a public corporation to be known as the Tanzania Saruji Corporation.
4. Functions of the Corporation
The functions of the Corporation shall be to–
(a) to promote the cement manufacturing industry in Tanzania;
(b) to promote the development of the cement manufacturing industry and industries allied to it which facilitate the availability and their utilisation of cement, concrete and by-products for the benefit of the people of Tanzania;
(c) in conformity with the national development policies, to promote the development of the cement manufacturing industry and industries allied to it for the production of building materials and, in particular, but without prejudice to the generality of the foregoing, building materials made from products obtained by mining or quarrying, including sand, stone, lime, asbestos, cement, gypsum and its by-products, bricks, titles and other similar materials;
(d) to conduct or engage in the business of manufacturers and producers of building materials for the construction industry, having regard at all times to the need to make the greatest possible use of local raw materials;
(e) to render technical, financial and other assistance for the establishment and management of organisations engaged primarily in the production of building materials derived from cement and other natural resources of Tanzania;
(f) to encourage the use of local building materials and to foster the minimising of building costs;
(g) to make arrangements for and to undertake the efficient marketing, either within or outside Tanzania, of building materials produced by the Corporation, any other corporation, company, firm or other body of persons;
(h) to acquire and hold interests in any undertaking, enterprise or project associated with the development of production of building materials;
(i) to manage the affairs of any corporation, company, firm or other body of persons the interests of which are transferred to or acquired by the Corporation under the provisions of the Act or of this Order;
(j) to co-operate with any body of persons, either within or outside Tanzania, engaged in activities the objects of which are similar to the purposes for which the Corporation has been established;
(k) so far as it falls within its competence, to give assistance in the implementation of Government policy on housing, building and construction;
(l) to carry on or stimulate the conduct of research, training of personnel and other activities designed to promote the development in Tanzania of the cement manufacturing industry and other enterprises or projects for the production or marketing of building materials;
(m) to do anything or enter into any transaction which, in the opinion of the Board, is calculated to facilitate the proper and efficient carrying on of its activities and the proper performance of its functions as specified in this paragraph;
(n) to perform any other functions, not being inconsistent with the purposes and provisions of this Order, which the Minister may, by notice published in the Gazette, assign to the corporation.
5. Appointment of staff
(1) The President shall appoint, on the terms and conditions which he may determine, a General Manager who shall be the chief administrative, executive and co-ordinating officer of the Corporation and shall be responsible to the Board for the management of the affairs of the Corporation.
(2) The Board may from time to time appoint, on any terms and conditions which it deems fit, any other employees of the Corporation who may be necessary for conducting the business of the Corporation.
6. Board of Directors
(1) The management of the Corporation is hereby vested in a Board of Directors.
(2) The Board shall consist of–
(a) a Chairman who shall be appointed by the President;
(b) the General Manager; and
(c) not less than five and not more than nine other members to be appointed by the Minister.
(3) The members of the Board shall elect a Vice-Chairman of the Board from amongst their number.
(4) The Minister may make regulations with respect to–
(a) the appointment of and the tenure and vacation of office by the member of the Board;
(b) the quorum, proceedings and meetings of the Board and determinations of the Board.
(5) Subject to the provisions of any regulations made under subparagraph (4) the Board shall have power to regulate its own procedure.
7. Funds of the Corporation
(1) The funds of the Corporation shall consist of any sums of money–
(a) which may be provided by Parliament for the purposes of the Corporation;
(b) which the Board may, subject to subparagraph (2), raise from time to time by way of loans;
(c) as may become vested in the Corporation in any manner whatsoever.
(2) The Corporation may from time to time borrow the sums of money as it may require to meet any of its obligations and for the purpose of its business and may secure any loans in any manner which the Board may, with the approval of the Minister, authorise.
8. Salaries, etc., to be paid out of the Corporation's funds
(1) The Corporation shall apply its funds for the following purposes–
(a) the payment of all salaries, fees and any other allowances payable to the members of the Board, the General Manager and other employees of the Corporation;
(b) the payment of expenses and other charges duly incurred by the Corporation or for which the Corporation may become duly liable in the course of the performance of its functions;
(c) any other purposes which the Board may approve.
(2) The Board may invest all or any portion of any moneys which are, for the time being, surplus to its requirements in any securities which may be approved by the Minister.
9. The seal of the Corporation
(1) The seal of the Corporation shall be affixed by the Chairman, Vice-Chairman or the General Manager and the person affixing the seal shall sign the document in witness of it.
(2) All contract, guarantees, agreements, bonds, authorities, mortgages, charges, bills of exchange, promissory notes, bank drafts, letters of credit, securities and any other instruments to which the Corporation is a party, shall be executed on behalf of the Corporation by–
(a) the Chairman, Vice-Chairman or the General Manager;
(b) any other person or persons as may be authorised by the Board in that behalf.
10. Board may act notwithstanding vacancy
Subject to any provision of any regulations relating to quorum made under subparagraph (4) of paragraph 6 the Board may act notwithstanding any vacancy in its membership and no act or proceedings of the Board shall be invalid by reason only of some defect in the appointment of a member or a person who purports to be a member or, where the regulations provide for the appointment of an alternate member, in the appointment of that alternate member or a person who purports to be the alternate member.
11. Delegation of powers
(1) [Superseded by section 7 of R.E. Cap. 257.]
(2) The Minister is hereby designated as the Minister for the purposes of the provisions of section 35 of the Act which relates to the accounts of the Corporation.
(Sections 3, 4A and 10)
[30th June, 1978]
G.Ns. Nos.
51 of 1983
470 of 1987
115 of 1995
1. Citation
This Order may be cited as the Arusha International Conference Centre (Establishment) Order.
2. Omitted
[Omitted.]
3. Interpretation
In this Order, unless the context requires otherwise–
"Board" means the Board of Directors provided for in paragraph 7;
"Centre" means the Arusha International Conference Centre established by paragraph 4;
"Managing Director" means the Managing Director of the Centre referred to in paragraph 10;
"Minister" means the Minister responsible for Foreign Affairs;
"prescribed property" means all the premises and the lands the control and management of which is vested in the centre by virtue of the provisions of paragraph 5.
4. Establishment of the Centre
There is established a public corporation to be known as the Arusha International Conference Centre.
5. Centre to control and manage prescribed property
(1) For the purposes of performing the functions conferred upon the Centre by the provisions of this Order, the Centre shall, by virtue of this order and without further assurance, control and manage–
(a) all the premises which are collectively known as the headquarters complex of the East African Community and all the other premises and the lands situated in Arusha Town specified in the Schedule to this Order;
(b) any other premises and lands which may, be specified in the Schedule to this Order;
(c) any other premises and lands which the President may specify by written directions;
(d) any other premises and lands which may be prescribed by any written law.
(2) The Centre shall exercise in relation to the land comprised in the prescribed property all the rights necessary for the performance of its functions which the owner of a right of occupancy may lawfully exercise over land comprised in right of occupancy granted to him, and the fact that no right of occupancy has been granted to the Centre shall not affect the validity or anything done or omitted to be done by any person in the execution of his duties under this Order.
6. Functions of the Centre
The functions of the Centre shall be to–
(a) control and manage the prescribed property;
(b) control and manage any other premises or property which may be vested in the centre;
(c) provide facilities and services in the premises comprised in the prescribed property for purposes of conferences, meetings, seminars and other similar activities and to promote the use of the premises, facilities and services for purposes of those activities;
(d) establish or cause to be established any facilities which may be necessary to be established in a conference centre and to provide or cause to be provided the services which may be necessary to be provided in connection with the use of facilities established in a conference centre;
(e) encourage and assist local and international organisations to establish offices or carry out activities connected with their affairs in the premises comprised in the prescribed property;
(f) provide office and residential accommodation in the premises comprised in the prescribed property for use by local or international organisations;
(g) provide facilities and services for local and international organisations which may establish offices or carry out any activity connected with their affairs in the premises comprised in the prescribed property;
(h) act as an agent for any corporation, company, firm or other body engaged, whether within or outside Tanzania in the performance of services or the provision of facilities of a kind similar or complementary to those performed or provided by the Centre;
(i) manage the affairs of any corporation, company, firm or other body the interests of which are transferred to the Centre or acquired by the Centre under the provisions of the Public Corporation Act * or of this Order.
7. Board of Directors
(1) The management of the Centre is vested in a Board of Directors.
(2) The Board shall consist of–
(a) a Chairman who shall be appointed by the President;
(b) nine other members who shall be appointed by the Minister.
(3) The Board may appoint any employee of the Centre to be Secretary of the Board.
8. Vice-Chairman
The members of the Board may elect a Vice-Chairman of the Board from amongst their number who shall, subject to his continuing to be a member, hold office for a term of one year from the date of his election, and shall be eligible for re-election.
9. Powers of the Centre
In the performance of its functions, the Centre shall, subject to the provisions of this Order, have power to–
(a) administer the properties and the funds of the Centre;
(b) charge and collect rent, fees or other charges for office and residential accommodation, facilities and services provided by the Centre:
Provided that the rates of any rent charged in respect of any premises comprised in the prescribed property let by the Center shall be determined by the Board in consultation with the Minister;
(c) do any thing which, in the opinion of the Board, is necessary to facilitate the proper and efficient carrying on of the activities of the Centre and the proper performance of the functions of the Centre.
10. Director
(1) The President shall appoint a Managing Director who shall be the principal administrator and chief executive officer of the Centre and shall be responsible to the Board.
(2) The Managing Director shall hold office upon the terms and conditions which may be specified in relation to his office.
11. Appointment of other employees of the Centre
The Board may from time to time, appoint such employees of the Centre whom it may think necessary for the performance of the functions of the Centre.
12. Funds of the Centre
The funds of the Centre shall consist of–
(a) the sums as may be provided for the purposes of the Centre by Parliament;
(b) the sums of money as the Centre may receive as rent, fees or other charges for office and residential accommodation, facilities and services provided by the Centre;
(c) the sums of money as may vest in the Center in any manner.
13. Salaries, etc., to be paid out of the Funds of the Centre
The Centre shall apply its funds for the following purposes:
(a) the payment of all salaries, fees and other allowances payable to the members of the Board, the Managing Director and other employees of the Centre;
(b) the payment of the expenses and other charges incurred by the Centre or for which the Centre may become liable in the management or administration of the Centre;
(c) the maintenance or development of the property controlled and managed or administered by the Centre;
(d) any other purposes which the Board may approve.
14. Tenure of appointment of members of the Board
(1) A member of the Board shall, unless his appointment is sooner terminated by the appointing authority, or he ceases in any other way to be a member, hold office for a period specified in his terms of appointment or, if no period is so specified, for a period of three years from the date of his appointment, and shall be eligible for re-appointment.
(2) If any member of the Board is, without the permission of the Board, absent from three consecutive meetings of the Board, he shall, unless the appointing authority otherwise directs, cease to be a member of the Board.
(3) Any member of the Board may at any time resign his office by giving notice in writing addressed to the appointing authority, and from the date specified in the notice or, if no date is so specified from the date of the receipt of the notice by the appointing authority, he shall cease to be a member.
15. Meetings of the Board
(1) The Board shall meet at least once in every three months any may meet at any other times which the Chairman may think necessary for the transaction of the business of the Board.
(2) All meetings shall be convened by the Chairman, or in his absence the Vice-Chairman, who shall appoint the time, place and date for the meeting.
(3) The Chairman, or in his absence the Vice-Chairman, shall preside at every meeting of the Board.
16. Quorum and procedure at meeting of the Board
(1) A simple majority of the total number of the members of the Board shall constitute a quorum for any meeting of the Board.
(2) All acts, matters and things authorised to be done by the Board shall be decided by resolution at a meeting of the Board at which a quorum is present.
(3) 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 casting vote in addition to his deliberative vote.
(4) A decision of the majority present and voting at a meeting of the Board shall be deemed to be a decision of the Board.
17. Minutes of meetings of the Board
Minutes of each meeting of the Board shall be kept and submitted to the Board at the next meeting and if confirmed by the meeting, shall be signed by the Chairman of the meeting.
18. Official Seal of the Centre
(1) The official seal of the Centre shall be of such shape, size and form as the Board may determine.
(2) The official seal of the Centre shall be affixed by the Managing Director, the Chairman or the Vice-Chairman and witnessed by one other member of the Board.
19. Execution of documents
All instruments or documents executed by or on behalf of the Center shall be sealed with the official seal of the Centre and shall be signed by–
(a) the Director; or
(b) any member of the Board or any employee of the Centre authorised in writing in that behalf by the Board.
20. Accounts and audit
The Board shall cause to be provided and kept proper books of accounts and records with respect to the–
(a) receipt and expenditure of moneys by, and other financial transaction of, the Centre;
(b) assets and liabilities of the Centre, and shall cause to be made out for every financial year a balance sheet showing the details of the income and expenditure of the Centre and all its assets and liabilities.
21. Reports
The Board shall cause to be prepared a report of the activities of the Centre in each year and submit it to the Minister.
22. Delegation of powers
(1) [Superseded by section 7 of the R.E. Cap. 257.]
(2) The Minister is hereby designated as the Minister for the purposes of the provisions of section 35 of the Public Corporation Act, which relates to the accounts of the Centre
SCHEDULE
(Paragraph 5(1))
Plot No. | L.O. No. | Title No. |
47 Moshi Road | 11699 | 055021/28 |
46 Moshi Road | 14763 | 055021/27 |
90 Haile Selassie Road | 11691 | 7268 |
94 Corridor Area | 50521 | 17148 |
52 Serengeti Road | 18269 | 055030/27 |
58 Serengeti Road | 19891 | 055030/31 |
56 Serengeti Road | 19280 | 055030/33 |
7 Serengeti Road | 50829 | 17192 |
13B Corridor Area | 54350 | 13402 |
5 Corridor Area | 48263 | 16856 |
91 Corridor Area | 48118 | 16851 |
113 Amani Road | 23622 | 055011/1 |
75 Corridor Area | 37782 | 15103 |
3 Corridor Area | 48265 | 16845 |
106 Vijana Road | 16420 | 055036/12 |
25 Range Road | 10379 | 055030/6 |
104A and B Vijana Road | 16418 | 055036/10 |
122 Youth League | 16920 | 055031/12 |
112 A, B, C and D Amani Road | 16857 | 055032/3 |
38 Corridor Area | 51020 | 17234 |
24 A and B Barabara ya Kanisa | 8805 | 055021/9 |
116 A and B Amani Road | 16836 | 05531/3 |
138 A and B Amani Road | 16827 | 055031/24 |
96 Kaunda Road | ||
80/81 Kaunda Road | ||
28 Range Road | ||
109 Vijana Road | ||
73 Corridor Area | ||
7 Corridor Area | ||
95 Corridor Area | ||
28 Corridor Area | ||
31 Corridor Area | ||
90 A Corridor Area | ||
90 B Corridor Area | ||
257 Kijenge | ||
104 B Vijana Road | ||
114 E Amani Road | ||
26 A Corridor Area | ||
26 B Corridor Area | ||
175 Naura Road | ||
Site A (Reg. Plan No. 13993), 15 Acres, Headquarters complex building. |
||
Site C (KIBLA) (Reg. Plan No. 14267 and 14283), Junior Houses and 255 Nos. D1 Junior Houses, but excluding the western part of this area. |
||
Site E (Kijenge), including 7 Houses of Grade B3 and servants' quarters and garages. |
||
Site D1 (Kijenge) (Reg. Plan No. 5-4664), 45 Acres, including the whole of the undeveloped area. |
1. SITE "A" Registered Plan No. 13997 - 14.89 Acres - Headquarters. |
2. SITE "C" (Kibla) Registered Plan No. 14267 and 14283 - about 36 acres. |
3. SITE "DI" (Kijenge) Registered Plan No. 54664 - 45 Acres. |
4. SITE "E" (Kijenge) Registered Plan No. 16077 - 48.2 Acres. |
5. SITE "F" (Kijenge) Registered Plan No. 1644 - 42.9 Acres less Hotel 77 fenced area. |
6. Plot No. 94A Block E (Industrial Area) Registered Plan No. 17247. |
(Sections 3, 4A and 10)
[1st January, 1979]
G.N. No. 16 of 1979
1. Citation
This Order may be cited as the Tanzania Leather Associated Industries (Establishment) Order.
2. Interpretation
In this Order, unless the context otherwise requires–
"Act" means the Public Corporations Act *;
"allied industries" includes all those companies and firms which, by reason of the economic activities they carry on, are necessary for or expedient to the development of the leather industry;
"Board" means the Board of Directors of the Corporation established by paragraph 5;
"Corporation" means the Tanzania Leather Associated Industries established by paragraph 3;
"leather" includes hides and skins which have not yet been manufactured into leather, or subject to any other physical process which would materially change their substance, character or appearance;
"leather industry" includes all those companies and firms whose business is geared towards manufacturing, processing, marketing, or other dealings in leather or leather products;
"Minister" means the Minister responsible for industries.
3. Establishment of the Corporation
There is hereby established a public corporation to be known as the Tanzania Leather Associated Industries.
4. Functions of the Corporation
(1) The functions of the Corporation shall be–
(a) to promote the development of the leather industry in Tanzania;
(b) to conduct or engage in the business of manufacturers, processors, tanners, curers, exporters and importers of leather, horns, furs and other products of leather;
(c) in conformity with national development plans, to participate in, sponsor or encourage the establishment of national and international ventures for the improvement, expansion and protection of the leather industry and allied industries;
(d) to participate in, sponsor or encourage the establishment, development or expansion of allied industries;
(e) to do all acts and things which may be necessary to uphold and support the credit of the Corporation and to attain and justify public confidence, and to avert or minimise any loss to the Corporation;
(f) to advise the Minister upon any matter concerning, or any measures necessary for, the promotion and general advancement of the leather industry and allied industries;
(g) to perform any other functions, in relation to the development of the leather industry, as the Minister may direct.
(2) In particular, but without prejudice to the generality of subparagraph (1), and subject to any general or specific directions of the Minister, the Corporation may–
(a) provide assistance and service for the development of the leather industry including any assistance or service required by persons or bodies of persons engaged in the manufacturing, processing or production of leather and leather products, or materials or articles necessary for the manufacture of leather and leather products;
(b) carry out, promote or sponsor research in the manufacture, processing, uses and marketing of leather and leather products, and in any other aspect of the leather industry and allied industries;
(c) acquire by agreement and hold interest in any undertaking, enterprises or project associated with the development of the leather industry;
(d) establish central or pool services for the purposes of managing and continuing the business and affairs of any public corporation, company, firm or other body of persons whose interests are transferred to or acquired by the Corporation under the provisions of the Act or of this Order or in any other manner;
(e) undertake any new investments in the leather industry which are consistent with national development plans;
(f) carry out, or facilitate the carrying out of, research, training of personnel and other activities designed to promote the development of the leather industry in Tanzania, and of allied industries or enterprises and projects engaged in the manufacturing or marketing of leather or of materials for use in the manufacture of leather products;
(g) co-operate with any body of persons, within or outside Tanzania, engaged in activities the purposes of which are similar to those for which the Corporation is established;
(h) do anything or enter into any transaction which in the opinion of the Board, is calculated to facilitate the proper exercise of the functions of the Corporation under this Order;
(i) perform any other functions, in relation to the development of the leather industry, as the Minister may direct from time to time.
5. Board of Directors and Management of the Corporation
(1) There is hereby established a Board of Directors of the Corporation which shall be responsible for the management of the affairs and business of the Corporation.
(2) The Board shall consist of–
(a) a Chairman who shall be appointed by the President;
(b) the General Manager of the Corporation;
(c) not less than four nor more than five members appointed by the Minister;
(d) not less than four nor more than six other members, representative of bodies of persons engaged in business in the leather industry, appointed by the Minister upon nomination by a meeting of the chief executive officers of the bodies of persons concerned.
(3) The Chairman and other members of the Board shall be entitled to the allowances and at the rates which the Minister may, upon the advice of the Board, determine.
(4) The Minister may make regulations with respect to the–
(a) appointment of, and the tenure and vacation of office by, the members of the Board;
(b) appointment of a Vice-Chairman or a temporary Chairman;
(c) quorum, proceedings and meetings of the Board,
and those regulations shall be published in the Gazette.
(5) Subject to the provisions of any regulations made under subparagraph (4), the Board may regulate its own proceedings.
6. Appointment of staff
(1) The President shall appoint, on the terms and conditions which he may determine, a General Manager of the Corporation who shall be the chief executive officer of the Corporation and shall be responsible to the Board for the management of the affairs of the Corporation.
(2) The Board may appoint, on the terms and conditions which it deems fit, such officers and other staff of the Corporation as may be necessary for conducting the business of the Corporation.
7. Funds of the Corporation
(1) The funds Corporation shall of the consist of–
(a) any sums of money as may be provided by Parliament for the purposes of the Corporation;
(b) any sums of money as the Board may, subject to subparagraph (2), raise from time to time;
(c) any sums of money which may become vested in the Corporation in any other manner.
(2) The Corporation may, borrow any sums of money which it may require to meet any of its obligations and for the purposes of its business, and may secure such loans in any manner and upon any terms and conditions relating to the repayment of the principal and payment of interest as the Board may, with the approval of the Minister, authorise.
8. Salaries allowances, etc. to be paid out of funds of Corporation
(1) The Corporation shall apply its funds for the following purposes–
(a) the payment of all salaries, fees and any other allowance payable to the members of the Board, the General Manager and other employees of the Corporation;
(b) the payment of expenses and other charges duly incurred by the Corporation or for which the Corporation may become duly liable in the course of the performance of its functions;
(c) any other purposes which the Board may approve.
(2) The Board may invest all or any portion of any moneys which are for the time being surplus to its requirements in such securities as may be approved by the Minister.
9. The seal of the Corporation
(1) The seal of the Corporation shall be affixed by the Chairman, the Vice-Chairman or the general manager, and the person affixing the seal shall sign the document in witness of it.
(2) All contracts, guarantees, agreements, bonds, authorities, mortgages, charges, bills of exchange, promissory notes, bank drafts, letters of credit, securities and other instruments of any kind to which the Corporation is a party, shall be executed on behalf of the Corporation by–
(a) the Chairman, the Vice-Chairman or the General Manager;
(b) any other person or persons who may be authorised by the Board in that behalf.
(3) The Chairman may, in writing, delegate his functions under subparagraph (2) to any officer of the Corporation.
10. Vacancies, etc., not to invalidate proceedings of Board
Subject to the provisions of any regulations relating to quorum made under subparagraph (4) of paragraph 5, the validity of any act or proceedings of the Board shall not be affected by any vacancy among its members or by any defect in the appointment of any of them.
11. Delegation of powers
(1) [Superseded by section 7 of R.E. Cap. 257.]
(2) The Minister is hereby designated as the Minister for the purposes of the provisions of subsection 35 of the Public Corporations Act, which relates to the accounts of the Corporation.
G.N. No. 17 of 1979
1. Citation
This Order may be cited as the Tanzania Karatasi Associated Industries (Establishment) Order.
2. Interpretation
In this Order, unless the context requires otherwise–
"Act" means the Public Corporations Act *;
"allied industries" includes all those companies and firms which, by reason of the economic activities they carry on, are necessary for or expedient to the development of the paper industry;
"Board" means the Board of Directors of the Corporation established by paragraph 5;
"Corporation" means the Tanzania Karatasi Associated Industries established by paragraph 3;
"Minister" means the Minister responsible for industries;
"paper industry" includes all those companies and firms whose activities are geared toward the manufacturing, processing, production and sale or purchase of paper, packing materials and paper products, and printing and publishing.
3. Establishment of the Corporation
There is hereby established a public corporation to be known as the Tanzania Karatasi Associated Industries.
4. Functions of the Corporation
(1) The functions of the Corporation shall be–
(a) to promote the development of the paper industry in Tanzania;
(b) to conduct or engage in the business of manufacturers, processors, producers, sellers, printers and publishers of paper, books, documents, packing materials and paper products;
(c) in conformity with national development plans, to participate in, sponsor or encourage the establishment of national and international ventures for the improvement, expansion and protection of the paper industry and allied industries;
(d) to participate in, sponsor or encourage the establishment, development or expansion of allied industries;
(e) to do all acts and things which may be necessary to uphold and support the credit of the Corporation and to attain and justify public confidence, and to avert or minimise any loss to the Corporation;
(f) to advise the Minister upon any matter concerning, or any measures necessary for, the promotion and general advancement of the paper industry and allied industries.
(2) In particular, but without prejudice to the generality of subparagraph (1), and subject to any general or specific directions of the Minister the Corporation may–
(a) provide assistance and service for the development of the paper industry including any assistance or services required by persons or bodies of persons engaged in the manufacturing, processing or production of paper and paper products, and in packaging, printing and publishing, or in the manufacturing, processing or production of materials or other articles which are necessary for the manufacturing, processing or production of paper and paper products and for the business of printers and publishers;
(b) carry out, promote or sponsor research in the manufacture, processing, uses, printing and marketing of paper and paper products, and in any other aspect of the paper industry and allied industries;
(c) acquire by agreement and hold interest in any undertaking, enterprises or project associated with the development of the paper industry;
(d) establish central or pool services for the purposes of managing and continuing the business and affairs of any public corporation, company, firm or other body of persons whose interest are transferred to or acquired by the Corporation under the provisions of the Act or of the Order or in any other manner;
(e) undertake any new investments in the paper industry which are consistent with national development plans;
(f) carry out, or facilitate the carrying out of, research, training of personnel and other activities designed to promote the development of the paper industry in Tanzania, and of allied industries or enterprises and projects engaged in the manufacturing or marketing of paper, paper products and printed and printing materials or materials for use in the manufacture of paper and paper products;
(g) co-operate with any body of persons, within or outside Tanzania, engaged in activities the purposes of which are similar to those for which the Corporation is established;
(h) do anything or enter into any transaction which in the opinion of the Board, is calculated to facilitate the proper exercise of the functions of the Corporation under this Order;
(i) perform any other functions, in relation to the development of the paper industry, which the Minister may direct.
5. Board of Directors and management of the Corporation
(1) There is hereby established a Board of Directors of the Corporation which shall be responsible for the management of the affairs and business of the Corporation.
(2) The Board shall consist of–
(a) a Chairman who shall be appointed by the President;
(b) the General Manager of the Corporation;
(c) not less than three nor more than five members appointed by the Minister;
(d) not less than four nor more than six other members, representative of bodies of persons engaged in business in the paper industry, appointed by the Minister upon nomination by a meeting of the chief executive officers of the bodies of persons concerned.
(3) The Chairman and other members of the Board shall be entitled to the allowances and at rates which the Minister may, upon the advice of the Board, determine from time to time.
(4) The Minister may make regulations with respect to the–
(a) appointment of, and the tenure and vacation of office by, the members of the Board;
(b) appointment of a Vice-Chairman or a temporary Chairman;
(c) quorum, proceedings and meeting of the Board;
and those regulations shall be published in the Gazette.
(5) Subject to the provisions of any regulations made under subparagraph (4), the Board may regulate its own proceedings.
6. Appointment of staff
(1) The President shall appoint, on such terms and conditions as he may determine, a General Manager of the Corporation who shall be the chief executive officer of the Corporation and shall be responsible to the Board for the management of the affairs of the Corporation.
(2) The Board may, on the terms and conditions which it deems fit, appoint the officers and other staff of the Corporation who may be necessary for conducting the business of the Corporation.
7. Funds of the Corporation
(1) The funds of the Corporation shall consist of any sums of money–
(a) which may be provided by Parliament for the purposes of the Corporation;
(b) which the Board may, subject to subparagraph (2), raise for the purposes of the Corporation;
(c) as may become vested in the Corporation in any other manner.
(2) The Corporation may borrow the sums of money as it may require to meet any of its obligations and for the purposes of its business, and may secure loans in any manner and upon any terms and conditions relating to the repayment of the principal and payment of interest which the Board may, with the approval of the Minister, authorise.
8. Salaries allowances, etc. to be paid out of funds of Corporation
(1) The Corporation shall apply its funds for the following purposes–
(a) the payment of a salaries, fees and any other allowances payable to the members of the Board, the General Manager and other employees of the Corporation;
(b) the payment of expenses and other charges duly incurred by the Corporation or for which the Corporation may become duly liable in the course of the performance of its functions;
(c) any other purposes which the Board may approve.
(2) The Board may invest all or any portion of moneys which are for the time being surplus to its requirements in such securities which may be approved by the Minister.
9. The seal of the Corporation
(1) The seal of the Corporation shall be affixed by the Chairman, the Vice-Chairman or the General Manager, and the person affixing the seal shall sign the document in witness thereof.
(2) All contracts, guarantees, agreements, bonds, authorities, mortgages, charges, bills of exchange, promissory notes, bank drafts, letters of credit, securities and other instruments of any kind to which the Corporation is a party, shall be executed on behalf of the Corporation by–
(a) the Chairman, the Vice-Chairman or the General Manager;
(b) such other person or persons who may be authorised by the Board in that behalf.
(3) The Chairman may, in writing, delegate his function under subparagraph (2) to any officer of the Corporation.
10. Vacancies, etc., not to invalidate proceedings
Subject to the provisions of any regulations relating to quorum made under subparagraph (4) of paragraph 5, the validity of any act or proceedings of the Board shall of Board not be affected by any vacancy among its members or by any defect in the appointment of any of the of them.
11. Delegation of powers
(1) [Superseded by section 7 of R.E. Cap. 257. ]
(2) The Minister is hereby designated as the Minister for the purposes of the provisions of section 35 of the Public Corporations Act, which relates to the accounts of the Corporation.
G.N. No. 53 of 1980
1. Citation
This Order may be cited as the National Industries (Establishment) Order.
2. Interpretation
In this Order, unless the context requires otherwise–
"Act" means the Public Corporation Act *;
"allied industries" includes all those companies and firms which, by reason of the nature of the activities carried on by them, are necessary for or expedient to, the development of the chemical industry;
"Board" means the Board of Directors of the Corporation, established by paragraph 5;
"chemical industry" includes all those companies and firms whose business is or is geared towards manufacturing, processing marketing or other dealings in, chemicals or chemical products;
"Corporation" means the National Chemical Corporation established by paragraph 3;
"Minister" means the Minister responsible for Industries.
3. Establishment of the Corporation
There is hereby established a public corporation to be known as the National Chemical Industries.
4. Functions of the Corporation
The functions of the Corporation shall be–
(a) to promote the development of the chemical industry in Tanzania;
(b) to conduct or engage in the business of manufacturers, processors, exporters and importers of chemicals, pharmaceutical and other chemical products;
(c) in conformity with national development plans, to participate in, sponsor or encourage the establishment of national and international ventures for the improvement, expansion and protection of the chemical industry and allied industries;
(d) to participate in, sponsor or encourage the establishment, development or expansion of allied industries;
(e) to engage in, sponsor or encourage the development and utilisation of local materials in the chemical industry and allied industries;
(f) to do all acts and thing which may be necessary to uphold and support the credit of the Corporation and to attain and justify public confidence in, and avert or minimise any loss to, the Corporation;
(g) to advise the Minister on any matter concerning or any measures necessary for, the promotion and general advancement of the chemical industry and allied industries;
(h) to perform any other functions, in relation to the development for the chemical industry, which the Minister may from time to time, direct.
(2) In particular, but without prejudice to the generality of subparagraph (1), and subject to any general or specific direction of the Minister, the Corporation may–
(a) provide assistance and service for the development of the chemical industry including any assistance or service required by persons or bodies of persons engaged in the manufacturing, processing marketing or production of chemicals and chemical products or materials or articles necessary for the manufacture of chemicals and chemical products;
(b) carry out, promote or sponsor research in the manufacture, processing, use and marketing of chemicals and chemical products, and in any other aspect of the chemical industry and allied industries;
(c) by agreement, acquire and hold interest in any undertaking, enterprise or project associated with the development of the chemical industry;
(d) establish central or pool services for the purposes of managing and continuing the business and affairs of any public corporation, company, firm or other body whose interests are transferred to or acquired by the corporation under the provisions of the Act or of this Order or in any other manner;
(e) undertake any new investments in the chemical industries which are consistent with national development plans;
(f) carry out, or facilitate the carrying out of research, or training of personnel and other activities designed to promote the development of the chemical industry in Tanzania, and of allied industries or enterprises and projects engaged in the manufacture or marketing of chemicals and chemical products or of materials or articles for use in the manufacture of chemicals and chemical products;
(g) co-operate with any person or body of persons, within or outside Tanzania, engaged in activities for the purposes of which are similar to those for which the Corporation is established;
(h) do anything or enter into any transaction which in the opinion of the Board, is calculated to facilitate the proper performance of the functions of the Corporation under this Order.
5. Board of Directors and Management of the Corporation
(1) There is hereby established a Board of Directors of the Corporation which shall be responsible for the management of the affairs and business of the Corporation.
(2) The Board shall consist of–
(a) a Chairman who shall be appointed by the President;
(b) the General Manager of the Corporation;
(c) not less than four nor more than five members appointed by the Minister;
(d) not less than four nor more than six other members, representative of bodies of persons engaged in business in the chemical industry, appointed by the Minister upon nomination by a meeting of the chief executive officers of the bodies of persons concerned.
(3) The Chairman and other members of the Board shall be entitled to the allowances and at the rates which the Minister may, upon the advice of the Board, determine from time to time.
(4) The Minister may make regulations with respect to–
(a) the appointment of, the tenure and vacation of office by, the members of the Board;
(b) the quorum, proceedings and meetings of the Board,
and those regulations shall be published in the Gazette.
(5) Subject to the provisions of any regulations made under subparagraph (4), the Board may regulate its own proceedings.
6. Appointment of staff
(1) The President shall appoint, on the terms and conditions which he may determine, a General Manager of the Corporation who shall be responsible to the Board for the management of the affairs of the Corporation.
(2) The Board may, from time to time, on the terms and conditions which it deems fit, appoint any officers and other staff of the Corporation which may be necessary for conducting the business of the Corporation.
7. Funds of the Corporation
(1) The funds of the Corporation shall consist of any sums of money which–
(a) may be provided by Parliament for the purpose of the Corporation;
(b) the Board may, subject to subparagraph (2), raise from time to time;
(c) may become vested in the Corporation in any other manner.
(2) The Corporation may, from time to time, borrow any sums of money which it may require to meet any of its obligations and for the purposes of its business, and may secure loans in any manner and upon any terms and conditions relating to the repayment of the principal and payment of interest which the Board may, with the approval of the Minister, authorise.
8. Salaries, allowances, etc., to be paid out of funds of Corporation
(1) The Corporation shall apply its funds for the following purposes–
(a) the payment of all salaries, fees and any other allowance payable to the members of the Board, the General Manager and other employees of the Corporation;
(b) the payment of expenses and other charges duly incurred by the Corporation or for which the Corporation may become duly liable in the course of the performance of its functions;
(c) any other purposes as the Board may approve.
9. The seal of the Corporation
(1) The seal of the Corporation shall be affixed by the Chairman, the Vice-Chairman or the General Manager, and the person affixing the seal shall sign the document in witness of it.
(2) All contracts, guarantees, agreements, bonds, authorities, mortgages, charges, bills of exchange, promissory notes, bank drafts, letters of credit, securities and other instruments of any kind to which the Corporation is a party, shall be executed on behalf of the Corporation by–
(a) the Chairman, the Vice-Chairman or the General Manager;
(b) any other person or persons who may be authorised by the Board in that behalf.
(3) The Chairman may, in writing, delegate his functions under subparagraph (2) to any officer of the Corporation.
10. Vacancies, etc. not to invalidate proceedings of the Board
Subject to the provisions of any regulations relating to quorum made under subparagraph (4) of paragraph 5, the validity of any act or proceeding of the Board shall not be affected by any vacancy among its members or Board by any defect in the appointment of any of them.
11. Delegation of powers
(1) [Superseded by section 7 of R.E. Cap. 257.]
(2) The Minister is hereby designated as the Minister for the purposes of the provisions of section 35 of the Public Corporations Act, which relates to the accounts of the Corporation.
G.N. No. 40 of 1983
1. Citation
This Order may be cited as the Mwananchi Engineering and Contracting Corporation (Establishment) Order.
2. Interpretation
In this Order, unless the context requires otherwise–
"Act" means the Public Corporations Act *;
"Board" means the Board of Directors for the Corporation established under paragraph 5;
"Company" means the Mwananchi Engineering and Contracting Company Limited incorporated under the Companies Act *;
"Corporation" means the Mwananchi Engineering and Contracting Corporation established by paragraph 3;
"Minister" means the Minister responsible for works.
3. Establishment of the corporation
There is established a public to be known as the Mwananchi Corporation Engineering and Contracting Corporation.
4. Functions of the Corporation
(1) The functions of the Corporation shall be–
(a) to promote the development of the construction and allied industries;
(b) to conduct or engage in the business of building and engineering contractors;
(c) in conformity with national development plans, to participate in, sponsor or encourage the establishment of national and international ventures for the development of the construction and allied industries;
(d) to carry out, promote or sponsor research in the development and use of local materials in the construction and allied industries;
(e) by agreement, acquire and hold interest in any undertaking, enterprise or project associated with the development of the construction industry;
(f) to co-operate with any person or body of persons, within or outside Tanzania engaged in activities the purpose of which the corporation is established;
(g) to advise the Minister and the National Construction Council on any matter concerning tender procedure and the award of the tenders relating to projects owned or sponsored by the Government or any Parastatal Organisation and whose value is not less than fifteen million shillings.
(2) In particular, but without prejudice to the generality of subparagraph (1), and subject to any general or specific directions of the Minister, the Corporation may–
(a) carry on, in all their respective branches, all or any of the businesses of civil engineering and general contractors;
(b) do all acts and things which may be necessary to uphold and support the credit of the Corporation and to attain and justify public confidence and to avert or minimise any loss to the Corporation;
(c) do anything or enter into any transaction which in the opinion of Board, is calculated to facilitate the proper functions of the Corporation under this Order.
5. Board of Directors and management of the Corporation
(1) There is established a Board of Directors which shall be responsible for the management of the affairs of the Corporation.
(2) The Board shall consist of–
(a) a Chairman who shall be appointed by the President;
(b) the Director-General of the Corporation;
(c) not less than six nor more than eight other members appointed by the Minister.
(3) The Chairman and other members of the Board shall be entitled to any allowances and at the rates which the Minister may, upon the advice of the Board, determine.
(4) The Minister may make regulations with respect to–
(a) the appointment of, the tenure and vacation of office by, the members of the Board;
(b) the quorum, proceedings and meeting of the Board.
(5) The Board may, with the consent of the Minister, make regulations for the purposes of the better carrying out the functions of the Corporation.
6. Appointment of staff
(1) The President shall appoint, on the terms and conditions which he may determine, a Director-General of the Corporation who shall be the Chief Executive Officer of the Corporation and be responsible to the Board for the management of the affairs of the Corporation.
(2) The Board may appoint, on the terms and conditions which it deems fit, the officer and other staff of the Corporation who may be necessary for conducting the business of the Corporation.
7. Funds of the Corporation
(1) The funds of the Corporation shall consist of any sums of money–
(a) that may accrue to the Corporation from its business operations;
(b) which may be provided by Parliament for the purposes of the Corporation;
(c) which the Board may, subject to subparagraph (2) borrow for the purposes of the Corporation;
(d) which may become vested in the Corporation in any other manner.
(2) The Corporation may, borrow the sums of money which it may require to meet any of its obligations and for the purposes of its business, and may secure any loans in the manner and upon the terms and conditions relating to the repayment of the principal and payment of interest which the Board may, with the approval of the Minister, authorise.
8. Salaries, allowances, etc., to be paid out of funds of Corporation
(1) The Corporation shall apply its funds for the following purposes–
(a) the payment of salaries, fees and any other allowances payable to the members of the Board, the Director-General and other employees of the Corporation;
(b) the payment of expenses and other charges duly incurred by the Corporation or for which the Corporation may become duly liable in the course of the performance of its functions;
(c) any other purposes which the Board may approve.
(2) The Board may invest all or any portion of any moneys which are for the time being surplus to its requirements in any securities which may be approved by the Minister.
9. The seal of the Corporation
(1) The seal of the Corporation shall be affixed by the Chairman, the Vice-Chairman or the Director-General, and the person affixing the seal shall sign the document in witness of it.
(2) All contracts, guarantees, agreements, bonds, authorities mortgages, charges, bills of exchange, promissory notes, bank drafts, letters of credit, securities and other instruments of any kind to which the Corporation is a party, shall be executed on behalf of the Corporation by–
(a) the Chairman, the Vice-Chairman or the Director-General;
(b) any other person or persons which may be authorised by the Board in that behalf.
(3) The Chairman may, in writing, delegate his function under subparagraph (2) to any officer of the Corporation.
10. Vacancies, etc., not to invalidate proceedings of Board
Subject to the provisions of any regulations relating to quorum made under subparagraph (4) of paragraph 5, the validity of any act or proceeding of the Board shall not be affected by any vacancy among its members or any defect in the appointment of any of them.
11. Disestablishment of the Company
The company is hereby disestablished and shall be deemed to have been so disestablished as from the date of the making of this Order and the Registrar of Companies shall in that behalf cancel its registration under the Companies Act *.
12. Transitional provisions
(1) The provisions of this paragraph shall have effect notwithstanding the disestablishment of the company.
(2) The provisions of Memorandum of Association and Articles of Association of the Company which may be desirable for the proper carrying out of the functions of the Corporation may remain in force as if they were regulations made under this Order until such time as they are revoked or replaced by regulations made by the Board under this Order.
(3) All assets and liabilities which prior to the making of this Order were vested in or incurred by the Mwananchi Engineering and Contracting Company Limited shall pass by succession to the Corporation, and the Corporation shall have all powers necessary to take possessions of, recover and deal with those assets and discharge those liabilities.
(4) Any land and all movable property vested in the Company under any provision of any written law shall be transferred to, and without further assurance, vest the same interest in the Corporation and all books, papers, documents, minutes, receipts and ledgers pertaining to the company and its operations.
(5) Subject to this Order, any agreement, whether in writing or not, to which the Mwananchi Engineering and Contracting Company Limited was a party immediately prior to the making of this Order, and whether or not the agreement was of such nature that the rights and liabilities under it could be assigned, shall have effect as from the date of making of this Order as if–
(a) the Corporation had been a party to such agreement; and
(b) any reference (however worded and whether express or implied) to the Company were substituted, in respect of anything to be done or effected, by a reference to the Corporation.
(6) The appointment of any officer or servant of the Company, subsisting immediately before the making of this Order shall be deemed to be made by the Board under the provisions of this Order, and for the purposes of determining the right of pension or gratuity on retirement, the service of that officer or servant shall be regarded as continuous from the time he was appointed by the Company.
(7) Any proceedings pending to which the Company was a party shall be continued as if the Corporation was a party to it in lieu of the Company, and where any other thing has been commenced by or under the authority of the Company prior to the making of this Order and that thing is within the powers of the Board or was done in relation to any of the matters transferred by the provision of this paragraph to the Board, that thing may be carried on by, or under the authority of the Board.
13. Delegation of powers
(1) [Superseded by section 7 of R.E. Cap. 257.]
(2) The Minister is hereby designated as the Minister for the purposes of the provisions of section 35 of the Public Corporations Act, which relates to the accounts of the Corporation.
G.N. No. 41 of 1983
1. Citation
This Order may be cited as the National Estates and Designing Corporation (Establishment) Order.
2. Interpretation
In this Order, unless the context otherwise requires–
"Act" means the Public Corporation Act *;
"Board" means the Board of Directors of the Corporation established under paragraph 5;
"Company" means the National Estates and Designing Company Limited incorporated under the Companies Act *;
"Corporation" means the National Estates and Designing Corporation established by paragraph 3;
"Minister" means the Minister responsible for works.
3. Establishment of the Corporation
There is hereby established a public corporation to be known as the National Estates and Designing Corporation.
4. Functions of the Corporation
(1) The functions of the Corporation shall be to–
(a) develop industrial and real property and to provide management services in relation to prefeasibility studies; full feasibility studies, architectural and engineering designs, specifications and bills of quantity giving tenders for quotations, site supervision and allied services;
(b) carry on the business of builders, contractors, architects, surveyors, painters, decorators and allied services;
(c) carry on the business of quarry proprietors, and stone and granite dealers;
(d) carry on in all their respective branches all or any of the businesses of builders, masonry and general contractors;
(e) do all acts and things which may be necessary to uphold and support the credit of the Corporation and to attain and justify public confidence and to avert or minimise any loss to the Corporation;
(f) advise the Minister upon any matter, or any measures necessary for the promotion and general advancement of the construction industry.
(2) In particular, but without prejudice to the generality of subparagraph (1), and subject to any general or specific directions of the Minister, the Corporation may–
(a) carry on any of the business of proprietors of flats, maisonettes, dwelling houses, shops offices and clubs, and for these purposes to purchase, take on lease, or otherwise acquire or obtain right of occupancy and hold any bonds on buildings of any tenure;
(b) act as consultants and agents to investors;
(c) co-operate with any body of persons within or outside Tanzania, engaged in activities the purpose of the which are similar to those for which the Corporation is established;
(d) do anything or enter into any transaction which in the opinion of the Board is calculated to facilitate the proper functions of the Corporation under this Order;
(e) perform any other function, in relation to the development of industrial and real property, as the Minister may direct.
5. Board of Directors and management of the Corporation
(1) There is hereby established a Board of Directors which shall be responsible for the management of the affairs of the Corporation.
(2) The Board shall consist of–
(a) a Chairman who shall be appointed by the President;
(b) the General Manager of the Corporation;
(c) not less than three nor more than five members appointed by the Minister;
(d) not less than four nor more than six other members, representing institutions and other bodies engaged in construction, architecture and engineering designing industry, appointed by the Minister upon nomination by a meeting of the chief executive officers of the bodies of persons concerned.
(3) The Chairman and other members of the Board shall be entitled to any allowances and at the rates which the Minister may, upon the advice of the Board, determine from time to time.
(4) The Minister may make regulations with respect to–
(a) the appointment of, the tenure and vacation of office by, the members of the Board;
(b) the quorum, proceedings and meeting of the Board, and those regulations shall be published in the Gazette.
(5) The Board may, with consent of the Minister, make regulations for the purposes of the better carrying the functions of the Corporation.
(6) Subject to the provisions of any regulations may under subparagraph (4), the Board may regulate its own proceedings.
6. Appointment to staff
(1) The President shall appoint, on such terms and conditions as he may determine, a General Manager of the Corporation who shall be the Chief Executive Officer of the Corporation and shall be responsible to the Board for the Management of the affairs of the Corporation.
(2) The Board may appoint, on the terms and conditions which it deemed fit, the officers and other staff of the Corporation as may be necessary for conducting the business of the Corporation.
7. Funds of the Corporation
(1) The funds of the Corporation shall consist of any sums of money which–
(a) may accrue to the Corporation from its business operations;
(b) may be provided by Parliament for the purpose of the Corporation;
(c) the Board may, subject to subparagraph (2), borrow for the purposes of the Corporation;
(d) may become vested in the Corporation in any other manner.
(2) The Corporation may borrow the sums of money as it may require to meet any of its obligations and for the purposes of its business, and may secure any loans in any manner and upon such terms and conditions relating to the repayment of the principal and payment of interest which the Board may, with the approval of the Minister, authorise.
8. Salaries, allowances, etc., to be paid out of funds of Corporation
(1) The Corporation shall apply its funds for the following purposes–
(a) the payment of salaries, fees and any other allowances payable to the members of the Board, the General Manager and other employees of the Corporation;
(b) the payment of expenses and other charges duly incurred by the Corporation or for which the Corporation may become duly liable in the course of the performance of its functions;
(c) such other purposes as the Board may approve.
(2) The Board may invest all or any portion of any moneys which are for the time being surplus to its requirements in any securities which may be approved by the Minister.
9. The seal of the Corporation
(1) The seal of the Corporation shall be affixed by the Chairman, the Vice-Chairman or the General Manager, and the person affixing the seal, shall sign the document in witness of it.
(2) All contracts, guarantees, agreements, bonds, authorities mortgages, charges, bills of exchange, promissory notes, bank drafts, letters of credit, securities and other instruments of any kind to which the Corporation is a party, shall be executed on behalf of the Corporation by–
(a) the Chairman, the Vice-Chairman or the general manager;
(b) any other person or persons who may be authorised by the Board in that behalf.
(3) The Chairman may, in writing, delegate his function under subparagraph (2) to any officer of the Corporation.
10. Vacancies etc., not to invalidate proceedings of Board
Subject to the provisions of any regulations relating to quorum made under paragraph 5(4), the validity of any act or proceedings of the Board shall not be affected by any vacancy among its members or by any defect in the appointment of any of them.
11. Disestablishment of the Company
The Company is hereby disestablished and shall be deemed to have been so disestablished as from the date of the making of this Order and the Registrar of Companies shall in that behalf cancel its registration under the Companies Act *.
12. Transitional provisions
(1) The provisions of this paragraph shall have effect notwithstanding the disestablishment of the Company.
(2) The provisions of Memorandum of Association and Articles of Association of the Company which may be desirable for the proper carrying out of the functions of the Corporation may remain in force as if they were regulations made under this Order until such time as they are revoked or replaced by regulations made by the Board under this Order.
(3) All assets and liabilities which prior to the making of this Order were vested in or incurred by the National Estates and Designing Company Limited shall pass by succession to the Corporation, and the Corporation shall have all powers necessary to take possessions of, recover and deal with such assets and discharge those liabilities.
(4) Any land and all movable property vested in the Company under any provision of any written law shall be transferred to, and without further assurance, vest the same interest in the Corporation and all books, papers, documents, minutes, receipts and ledgers pertaining to the Company and its operations.
(5) Subject to this Order any agreement, whether in writing or not, to which the National Estates and Designing Company Limited was a party immediately prior to the making of this Order, and whether or not the agreement was of such nature that the rights and liabilities under it could be assigned, shall have effect as from the date of making of this Order as if–
(a) the Corporation had been a party to that agreement; and
(b) for any reference (however worked and whether express or implied) to the Company were substituted in respect of anything to be done or effected by a reference to the Corporation.
(6) The appointment of any officer or servant of the Company, subsisting immediately before the making of this Order shall be deemed to be made by the Board under the provisions of this Order, and for the purposes of determining the right of pension or gratuity on retirement, the service of any officer or servant shall be regarded as continuous from the time he was appointed by the Company.
(7) Any proceedings pending to which the Company was a party shall be continued as if the Corporation was a party to it in lieu of the Company, and where any other thing has been commenced by or under the authority of the Company prior to the making of this Order and that thing is within the powers of the Board or was done in relation to any of the matters transferred by the provision of this paragraph to the Board, that a thing may be carried on by, or under the authority of the Board.
13. Delegation of powers
(1) [Superseded by section 7 of R.E. Cap. 257. ]
(2) The Minister is hereby designated as the Minister for the purposes of the provisions of section 35 of the Public Corporations Act * which relates to the accounts of the Corporation.
G.Ns. Nos.
321 of 1996
322 of 1996
323 of 1996
324 of 1996
325 of 1996
326 of 1996
1. Citation
This Order may be cited as the Public Corporations (Declaration of Specified Public Corporations) Order.
2. Declaration of Specified Public Corporations
Public Corporations specified in the Schedule to this Order are hereby declared to "Specified Public Corporations" and be subject to the provisions of the Public Corporations Act.
SCHEDULE
1. | Tanzania Fertilizer Company Limited. |
2. | General Tyre (East Africa) Limited. |
3. | Printpak (Tanzania) Limited. |
4. | Typesetting Services Limited. |
5. | Mbeya Cement Company Limited. |
6. | Tanganyika Portland Cement Company Limited. |
7. | Tanzania Gypsum Limited. |
8. | Friendship Textile Mills Limited. |
9. | Kunduchi Beach Hotel. |
10. | Tanzania Tractor Manufacturing Company Limited (TRAMA). |
11. | Kilimanjaro Timber Utilisation Company Limited. |
12. | Mikumi Hotels Limited. |
13. | Imara Wood Products Limited. |
14. | Tanzania Fisheries Corporation. |
15. | Giraffe Extra Company Limited. |
16. | Tabora Misitu Products. |
17. | Kilimanjaro Hotel Company Limited. |
18. | Moshi Hotel. |
19. | New Mwanza Hotel. |
20. | Fibreboards (Africa) Limited. |
21. | Tembo Chipboard Limited. |
22. | Ubungo Farm Implements Company Limited. |
23. | Zana za Kilimo Mbeya (22k). |
24. | State Travel Services Limited. |
25. | Tanzania Wildlife Corporation - TAWICO. |
26. | Tanzania Wood Industries Corporation - TWICO. |
27. | Skh Sawmills Limited. |
28. | Pasiansi Boatyard. |
29. | Tanga Cement Company. |
30. | Tanzania Sisal Authority. |
31. | Coffee Board Tanzania. |
32. | Tanganyika Instant Coffee Company Limited. |
33. | Dakawa Rice Farms Limited. |
34. | Mbarali Rice Farms Limited. |
35. | Mbozi Maize Farms Limited. |
36. | West Kilimanjaro Livestock Breeding Company Limited. |
37. | Tanzania Dairy Farming Company Limited. |
38. | National Agricultural and Food Corporation. |
39. | Kilombero Sugar Company Limited. |
40. | Mtibwa Sugar Company Limited. |
41. | Tanganyika Plantations Limited. |
42. | Kagera Sugar Company Limited. |
43. | Sugar Development Corporation. |
44. | National Ranching Company Limited. |
45. | Tanzania Tea Authority. |
46. | Dindira Tea Estates Limited. |
47. | Tanzania Tea Blenders Limited. |
48. | Rungwe Tea Company Limited. |
49. | East Usambara Tea Company Limited (Minority Shares). |
50. | Mufindi Tea Company Limited (Minority Shares). |
51. | Tanganyika Pyrethrum Board. |
52. | Mbiga Coffee Curing Company. |
53. | Mbozi Coffee Curing Company. |
54. | Kwamtili Estate Limited (Minority Shares). |
55. | Mafia Coconuts Limited (Minority Shares). |
56. | Rotian Seed Company Limited (Minority Shares). |
57. | Tanzania Liquid Storage Company Limited. |
(Section 4)
[1st July, 2002]
G.N. No. 239 of 2002
1. Citation
This Order may be cited as the Tanzania Broadcasting Services (Taasisi ya Utangazaji Tanzania – TUT) (Establishment) Order.
2. Interpretation
In this Order, unless the context otherwise requires–
"Act" means the Public Corporation Act *;
"Board" means the Board of Directors provided for in paragraph 7;
"Managing Director" means the managing director of Tanzania Broadcasting Services appointed under paragraph 6;
"Minister" means the minister responsible for broadcasting services;
"TUT" means Taasisi ya Utangazaji Tanzania, which in English means Tanzania Broadcasting Services.
3. Establishment of TUT
(1) Subject to the provisions of section 4 of the Act together with section 4 of the Broadcasting Services Act *, there is hereby established a public corporation to be known as the Tanzania Broadcasting Services, in Kiswahili Taasisi ya Utangazaji Tanzania, and abbreviated as TUT.
(2) The Tanzania Broadcasting Services shall–
(a) be a body corporate with perpetual succession and a common seal;
(b) in its corporate name, be capable of suing and being sued;
(c) for and in connection with the purposes of this Order, be capable of acquiring, holding and disposing of movable and immovable property in its corporate name.
4. Functions of the Tanzania Broadcasting Services
The functions of Tanzania Broadcasting Services shall be to–
(a) provide a public service broadcasting through radio and television;
(b) hold the existing assets of Radio Tanzania Dar es Salaam (RTD) and Televisheni ya Taifa (TVT) and to construct, acquire and install additional stations for the purposes of public broadcasting or related to its purposes;
(c) hold, construct, acquire and install equipment and apparatus for the transmission and reception of signals over wires or other paths provided by a material substance in the United Republic and use the same for purposes ancillary or related to the functions of the Tanzania Broadcasting Services;
(d) develop, extend and improve internal and external broadcasting services to this end to exercise any licence or licences in any manner by any means and methods which may from time to time be agreed by the Tanzania Broadcasting Services and the relevant licensing authority;
(e) perform broadcasting services in any part of the world for and on behalf of any department of the Government of the United Republic, and in particular to provide, erect, equip and install or supervise the provision, erection, equipment and installation of stations, studios, apparatus, machinery, plant and other equipment for transmitting and receiving matter by use of any form of information and communication technologies and to work or manage or supervise the working or management of such stations;
(f) provide to other bodies, whether within or outside the United Republic, by any means and methods as may be convenient matter to be broadcast or distributed by such bodies, and to receive from such bodies matter to be broadcast by stations of the Tanzania Broadcasting Services for the reception;
(g) compile and prepare, print, publish, issue, circulate and distribute, with or without change any printed matter as may be conducive to any of the functions of the services;
(h) establish and maintain libraries and archives containing material relevant to the functions of the Tanzania Broadcasting Services, and to make available to the public such libraries and archives with or without charge;
(i) organize, provide or subsidize concerts and other entertainments in connection with the broadcasting services or for any purposes incidental thereto;
(j) collect news and information in any part of the world in any manner that may be fit and to establish and subscribe to news agencies;
(k) acquire by registration, purchase or otherwise copyrights in any matter and any trademark and trade names and to use, exercise, develop, grant licences in respect of or otherwise turn to account the same with a view to the furtherance of any of the functions of the Tanzania Broadcasting Services;
(l) produce, manufacture, purchase, acquire, use, sell, rent or dispose of films and records (including tapes and any other devices from which visual images or sound may be produced) and material and apparatus for use in connection with such films and record;
(m) apply for and obtain, purchase or otherwise acquire and turn to account in any manner that may be deemed fit any letter, patent or patent rights or any interest in them, licences, concessions and the like rights whether exclusively or not or limited and to use any secret or other information as to any invention in relation to any device or machine servicing or calculated to serve any useful purpose in connection with the functions of the Tanzania Broadcasting Services;
(n) enter into any arrangement with any government or authority which may seem conducive to the Tanzania Broadcasting Services functions or any of them, and to obtain from such government or authority any licences, rights, privileges and concessions which the services may think desirable to obtain and to carry out, exercise and comply with such arrangements, licences, rights, privileges and concessions;
(o) establish and support or aid in the establishment or support of associations, institutions, funds, trusts and amenities calculated to benefit employees, dependants or relatives of employees and to grant pensions and allowances, to make payments towards insurance and to subscribe or guarantee money for charitable or for any exhibition or for any public, general or useful object;
(p) purchase, take or lease or in exchange, hire or otherwise acquire any real and personal property, and any interest, rights or privileges which the Tanzania Broadcasting Services may think necessary or convenient for the purposes of its business or the furtherance of its functions and in particular any land, buildings, apparatus, machinery, plant and stock-in-trade;
(q) invest and deal with monies of the Tanzania Broadcasting Services not immediately required in any manner, which it may from time to time determine;
(r) borrow, raise or secure the payment of money in any manner which the Tanzania Broadcasting Services may think fit, by way of mortgage or charge of all or any part of its property or rights or by the issue of debentures or debenture stock, charged upon all or any of the Tanzania Broadcasting Services property or rights and to purchase, redeem or pay off any such securities:
Provided that the Tanzania Broadcasting Services shall not borrow or raise or secure the payment of money upon any property, interest or right now held by it which the Minister has decided in consultation with the Tanzania Broadcasting Services that it has to be used exclusively for any purpose of the external services or upon any property, interest or rights which the Tanzania Broadcasting Services has acquired or may acquire out of moneys paid to it out of grants or monies appropriated by Parliament for any purpose;
(s) sell, improve, manage, develop, exchange, lease, mortgage, enfranchise, dispose of, turn to account or otherwise deal with all or part of the property, interests or rights of the Tanzania Broadcasting Services:
Provided that it shall not without the prior approval of the Minister, sell, exchange, lease, mortgage, enfranchise or dispose of any property, interest or rights which is to be used exclusively for any purpose of the Tanzania Broadcasting Services or which has been acquired out of the money paid to the Services out of grants or moneys appropriated by the Parliament for any purpose;
(t) enter into, make and perform contracts of guarantee and indemnity of any kind which may be necessary or convenient for carrying out its functions;
(u) do all such other things which in the opinion of the Board is considered incidental or conducive to the attainment of any of its functions or the exercise of any of its powers.
5. Approval of the Minister
The Tanzania Broadcasting Services shall not acquire any licence, commission, right or privilege from or enter into any agreements with the Government of any other country without having first obtained approval of the Minister.
6. Appointment of Managing Director and Deputy Managing Director
(1) There shall be a Managing Director and Deputy Managing Director. The Managing Director shall be appointed by the President while the Deputy Managing Director shall be appointed by the Board.
(2) The Managing Director shall be Chief Executive and co-ordinating officer of the Tanzania Broadcasting Services and he shall be responsible to the Board for the day to day functions of Tanzania Broadcasting Services. The Deputy Managing Director shall have proven skills in management.
(3) The Managing Director shall hold office for a period of four years and shall be eligible for re-appointment of another non-renewable term of four years.
(4) The Managing Director shall be the Secretary to the Board for the purposes of attending meetings of the Board, keeping minutes of the meeting and performing any other duties the Board may require.
(5) On his daily functions at the Tanzania Broadcasting Services, the Managing Director shall be assisted by the Deputy Managing Director, Heads of Departments, Units and Sections to attain the required maximum output to sound commercial principles.
(6) In consultation with the Managing Director, the Board may, from time to time appoint on such terms and conditions as it may think fit such Directors, Managers and Senior Officers at level of Heads of Department, Unit and Section for the vacant positions to carry out functions under different Directorates established from the organizational structure of the Tanzania Broadcasting Services. Other employees below Head of section shall, under prior authorization of the Board, be recruited by the Management Committee which shall comprise the Managing Director, Deputy Managing Director and Head of Departments and Units of the Tanzania Broadcasting Services.
7. Establishment of the Board
(1) There is hereby established a Board of Directors to manage the activities of the Tanzania Broadcasting Services.
(2) The Board shall consist of–
(a) a Chairman who shall be appointed by the President; and
(b) not more than eight other members appointed by the Minister.
(3) The members shall elect from amongst their number a Vice-Chairman.
(4) Every member of the Board unless he dies, or resigns or prevented by an infirmity of body or mind or his appointment revoked by an appointing authority, shall hold office for a period of three years from the date of his appointment and shall be eligible for re-appointment.
(5) Where any member without the permission of the Board, absents himself for more than three consecutive meetings of the Board without any reasonable cause, unless the Minister otherwise directs, shall cease to be a member of the Board.
(6) A member of the Board may at any time resign by giving a notice in writing to the Minister and after the receipt by the Minister of the notice and the date specified therein, he shall cease to be a member.
8. Meetings
(1) The Board shall meet at least once in every four months and may meet at such times as the Chairman may deem necessary or expedient for the transaction of the business of the Board.
(2) The Chairman may, upon the written request of five or more members at any time convene a special meeting of the Board in order to deliberate on a specific matter of which notice has been given.
(3) All meetings of the Board shall be convened by the Chairman or in his absence from the United Republic or incapacity through illness or other cause, the Vice-Chairman, who shall appoint the time, place and date for each such meeting.
(4) The Chairman or in his absence the Vice-Chairman, shall preside at any meeting of the Board, in the absence of both, the members present at the meeting shall elect one of their members to be Chairman of that meeting.
9. Quorum and procedure at meeting
(1) A simple majority of the total number of the members of the Board shall constitute a quorum for any meeting of the Board.
(2) All acts, matters and things authorized to be done by the Board shall be decided by resolution at a meeting of the Board.
(3) A decision of the majority of the members present and voting at a meeting of the Board in which a quorum is present shall be deemed to be a decision of the Board. If any member fails or refuses to vote, he shall be deemed to have voted in the negative.
(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 casting vote in addition to his deliberative vote.
10. Minutes
Minutes in the proper form of each meeting of the Board shall be kept and such minutes shall be submitted to the Board at its next meeting and if confirmed by the meeting, shall be signed by the Chairman of the meeting.
11. Executions of documents
(1) The Seal of the Tanzania Broadcasting Services shall be affixed by the Chairman, the Vice-Chairman or the Managing Director and witnessed by one other member of the Board.
(2) All contracts, guarantees, bond, securities, mortgages, charge, bills of exchange, promissory notes, bank drafts, letters of credit, securities and other instruments whatsoever to which the Tanzania Broadcasting Services is part shall be executed on behalf of it:
(a) by the Managing Director and a member of the Board; or
(b) by such other person or persons as may be authorized by the Board in that behalf:
Provided that in respect of the instrument specified in this subparagraph, the Managing Director may in writing delegate his functions under this subparagraph to any officer of the Tanzania Broadcasting Services but no such delegation shall prevent the Managing Director from exercising the function himself.
12. Power to regulate proceedings
Subject to these rules, the Board may regulate its own proceedings.
13. Accounting officer
The Managing Director shall be the accounting officer with all financial responsibilities.
14. Funds
(1) Funds of the Tanzania Broadcasting Services shall consist of–
(a) monies appropriated by Parliament from time to time for the purpose of its functions;
(b) fees and charges levied for the goods and services provided under the authority of this Order; and
(c) any monies borrowed, grants or made available to the Tanzania Broadcasting Services for the purpose of its functions.
(2) The Managing Director shall prepare and in not less than three months before the end of each financial year, submit to the Board for its approval, strategic and business plans that include the estimates of income and expenditure for the next ensuing year, and may, at any time before the end of a financial year, prepare and submit to the Board for approval any estimates supplementary to the estimates of a current year.
(3) The accounts of the Tanzania Broadcasting Services shall be audited by the Controller and Auditor General or such other person registered as an auditor approved for the purpose by the Controller and Auditor General on such terms and conditions as may be determined, in not more than three months after the closure of the accounts for the financial year.
15. Accounts and audit
(1) The Managing Director shall keep books of account and maintain proper records of its operations in accordance with commercial accounting standards.
(2) The accounts of the Managing Director shall be audited annually by an independent auditor appointed by the Board.
16. Annual report
(1) The Managing Director shall, within six months after the end of each financial year, submit to the Board an annual report in respect of the year, containing:
(a) a copy of the audited accounts of the Tanzania Broadcasting Services, together with the auditors report on those accounts;
(b) a report on performance against key targets and any other related information;
(c) a report on the operation of the Tanzania Broadcasting Services during that financial year;
(d) any other information as the Board may require.
(2) In not less than three months before the end of the next financial year, the Board shall submit to the Minister a copy of the annual report which shall be laid before the National Assembly within two months after the Minister received the report, or at the next meeting of the National Assembly.
17. Revocation
By virtue of this Order, Government Notice No. 403 of 1999 which established Televisheni ya Taifa as a branch of the Audio Visual Institute of Dar es Salaam is hereby revoked.
OMITTED ORDERS
The following Orders and Regulations are hereby omitted:
G.N. No. 184 of 1969 | The Public Corporations (Transfer of Assets and Liabilities) (National Agricultural and Food Corporation) Order. |
G.N. No. 185 of 1969 | The Public Corporations (Transfer of Assets and Liabilities) (Tanzania Tourist Corporation) Order. |
G.N. No. 269 of 1970 | The Public Corporations (The National Co-operative and Development Bank) (Transfer of Bank Accounts) Order. |
G.N. No. 81 of 1971 | The Public Corporations (Winding-up of the Nyamwezi Creameries Board) Order. |
G.N. No. 99 of 1971 | The Public Corporations (Transfer of Assets and Liabilities) (The Tanzania Rural Development Bank) Order. |
G.N. No. 112 of 1971 | The Public Corporations (The National Development Credit Agency) (Winding-up) Order. |
G.N. No. 120 of 1971 | The Public Corporations (Dissolution) Order. |
G.N. No. 189 of 1971 | The Public Corporations (Transfer of Assets and Liabilities) (Tanzania Wood Industry Corporation) Order. |
G.N. No. 191 of 1971 | The Public Corporations (Transfer of Tanganyika Packers Shares to National Agricultural and Food Corporation) Order. |
G.N. No. 203 of 1971 | The Public Corporations (Transfer of Assets and Liabilities) (Bukoba Co-operative Union Limited) Order. |
G.N. No. 262 of 1971 | The Public Corporations (Transfer of Bukoba Tea Company Limited Shares to The Tanzania Tea Authority) Order. |
G.N. No. 281 of 1971 | The Public Corporations (Transfer of National Estates and Designing Company Limited Shares to the Treasury Registrar) Order. |
G.N. No. 134 of 1972 | The Public Corporations (Transfer of Shares in Rudewa Estates Limited to Tanzania Sisal Corporation) Order. |
G.N. No. 254 of 1972 | The Public Corporations (Transfer of Ownership of Shares and Income Notes and Liabilities) (The Tanzania Investment Bank) Order. |
G.N. No. 266 of 1972 | The Public Corporations (Transfer of Shares in Giraffe Extract Company Limited (Tanzania) Limited to the Tanzania Wood Industry Corporation) Order. |
G.N. No. 267 of 1972 | The Public Corporations (Transfer of Tanzania Elimu Supplies Limited Shares to the Treasury Registrar) Order. |
G.N. No. 70 of 1973 | The Public Corporations (Transfer of Tanganyika Packers Shares to National Agricultural and Food Corporation) Order. |
G.N. No. 4 of 1974 | The Public Corporations (Transfer of Assets) Order. |
G.N. No. 59 of 1974 | The Public Corporations (Transfer of Assets) (Tanzania Tea Authority) Order. |
G.N. No. 91 of 1974 | The Public Corporations (Transfer of Tanzania Hides and Skins Limited Shares to the National Development Corporation) Order. |
G.N. No. 116 of 1974 | The Public Corporations (Transfer of Assets and Liabilities of National Development Corporation to Cashew Authority of Tanzania) Order. |
G.N. No. 127 of 1974 | The Public Corporations (Transfer of Assets and Liabilities of National Development Corporation to State Mining Corporation) Order. |
G.N. No. 173 of 1974 | The Public Corporations (Transfer of Assets and Liabilities of National Development Corporation) Order. |
G.N. No. 177 of 1974 | The Public Corporations (Transfer of Assets) (The Domestic Appliances and Bicycle Company Limited) Order. |
G.N. No. 232 of 1974 | The Public Corporations (Transfer of Assets and Liabilities of National Agricultural and Food Corporation to Sugar Development Corporation) Order. |
G.N. No. 259 of 1974 | The Public Corporations (Transfer of Assets) (The Sugar Development Corporation) Order. |
G.N. No. 280 of 1974 | The Public Corporations (Tanganyika Extract Company Limited) (Transfer of Shares) Order. |
G.N. No. 15 of 1975 | The Public Corporations (Transfer of Shares Owner by The National Agricultural and Food Corporation in Mwananchi Ocean Products (1970) Limited to The Tanzania Fisheries Corporation) Order. |
G.N. No. 16 of 1975 | The Public Corporation (Transfer of Tanzania Wildlife Safaris Limited Shares to the Tanzania Wildlife Corporation) Order. |
G.N. No. 18 of 1975 | The Public Corporations (Transfer of Assets of Tobacco Authority of Tanzania to Tanzania Tobacco Processing Company Limited) Order. |
G.N. No. 34 of 1975 | The Public Corporations (Transfer of Assets of the National Development Corporation to Coastal Hotels Limited) Order. |
G.N. No. 149 of 1975 | The Public Corporations (Transfer of Assets and Liabilities of National Agricultural and Food Corporation to Tanzania Livestock Development Authority) Order. |
G.N. No. 476 [474] of 1975 | The Public Corporations (Transfer of Tanzania Film Company Limited Shares to the Treasury Registrar) Order. |
G.N. No. 92 of 1977 | The Public Corporations, (The Tanzania Sisal Corporation) (Dissolution) Order. |
G.N. No. 5 of 1978 | The Public Corporations (The Tanganyika Coffee Board) (Dissolution) Order. |
G.N. No. 76 of 1978 | The Public Corporations (Transfer of Assets and Liabilities of the National Development Corporation to the Treasury) Order. |
G.N. No. 77 of 1978 | The Public Corporations (Transfer of Assets and Liabilities of the National Development Corporation to the National Textile Corporation) Order. |
G.N. No. 78 of 1978 | The Public Corporations (Transfer of Assets of the National Development Corporation to the Prime Minister's Officer) Order. |
G.N. No. 79 of 1978 | The Public Corporations (Transfer of Assets and Liabilities of the National Development Corporation to State Mining Corporation of Tanzania) Order. |
G.N. No. 80 of 1978 | The Public Corporations (Transfer of Assets and Liabilities of National Development Corporation to Cashewnut Authority of Tanzania) Order. |
G.N. No. 81 of 1978 | The Public Corporations (Transfer of Assets of National Development Corporation to Tanzania Wood Industry Corporations) Order. |
G.N. No. 104 of 1978 | The Public Corporations (Transfer of Assets and Liabilities of State Mining Corporation to Tanzania Sewerage Corporation) Order. |
G.N. No. 26 of 1979 | The Public Corporations (Transfer of Assets and Liabilities of National Development Corporation to Tanzania Karatasi Associated Industries) Order. |
G.N. No. 27 of 1979 | The Public Corporations (Miscellaneous Transfer of Assets and Liabilities) (National Development Corporation) Order. |
G.N. No. 28 of 1979 | The Public Corporations (Transfer of Assets and Liabilities of National Development Corporation to Tanzania Leather Associated Industries) Order. |
G.N. No. 54 of 1980; | The Public Corporations (Transfer of Assets and Liabilities of National Development Corporation to National Chemical Industries) Order. |
G.N. No. 100 of 1980 | The Public Corporations (Transfer of Assets and Liabilities of National Development Corporation to State Motor Corporation) Order. |
G.N. No. 88 of 1982 | The Tanzania Ocean Shipping Corporation (Establishment) Order. |
G.N. No. 11 of 1983 | The Public Corporations (Transfer of Assets and Liabilities of the National Milling Corporation to the Tanzania Animal Feeds Company Limited) Order. |
G.N. No. 172 of 1983 | The Public Corporations (Transfer of Assets of Tanzania Based Assets Formerly owned by the Defunct East African Airways Corporation to Air Tanzania Corporation) Order. |
G.N. No. 228 of 1984 | The Public Corporations (The Tanzania Ocean Shipping Corporation) (Disestablishment) Order. |
G.N. No. 311 of 1985 | The Public Corporations (Transfer of Assets and Liabilities of the Former Centre to the Uyole Agricultural Centre) Order. |
G.N. No. 319 of 1986 | The Public Corporations (Transfer of Shares owned by Tanzania Livestock Development Authority in Tanzania Animal Feed Company Limited to the National Milling Corporation) Order. |
G.N. No. 547 of 1986 | The Public Corporations (The General Agricultural Products Export Corporation) (Dissolution) Order. |
G.N. No. 347 of 1987 | The Public Corporations (The National Bank of Commerce) (Transfer of the Bank Accounts) Order. |
G.N. No. 586 of 1987 | The Public Corporations (Transfer of Certain Assets and Liabilities of the Registrar of Building to the Capital Development Authority) Order. |
G.N. No. 236 of 1989 | The Public Corporations (Transfer of Assets of Certain Statutory Corporations to the Treasury Registrar) Order. |
G.N. No. 6 of 1990 | The Public Corporations (Transfer of Tanzania Hides and Skins Limited Shares to the Treasury Registrar) Order. |
G.N. No. 74 of 1990 | The Public Corporations (Transfer of Assets and Liabilities of Mang'ula Prefabricated Concrete Manufacturing Plant to Mang'ula Mechanical and Machine Tools Company Limited) Order. |
G.N. No. 124 of 1990 | The Public Corporations (Transfer of Shares owned by Tanzania Livestock Development Authority in Tanzania Dairy Farming Company Limited to the Treasury Registrar) Order. |
G.N. No. 374 of 1990 | The Public Corporations (Transfer of Assets and Liabilities) (Tanzania Breweries Limited) Order. |
G.N. No. 494 of 1990 | The Public Corporations (Transfer of Assets of Tanzania Tourist Corporation to the Treasury Registrar) Order. |
G.N. No. 9 of 1993 | The Public Corporations (The Tanzania Leather Associated Industries) Regulations. |
G.N. No. 82 of 1993 | The Public Corporation (Transfer of Certain Assets of the National Housing Corporations to Tanga Regional Trading Company) Order. |
G.N. No. 137 of 1993 | The Public Corporations (Cessation of Tanzania Tourist Corporation and Transfer of its Assets and Liabilities) Order. |
G.N. No. 159 of 1993 | The Public Corporations (Transfer of Assets to Treasury Registrar) Order. |
REGULATIONS
(Paragraph 5(6) of the National Development Corporation (Establishment) Order)
G.N. No. 130 of 1969
1. Citation
These Regulations may be cited as the National Development Corporation (Board of Directors) Regulations and shall be read as one with the National Development Corporation (Establishment) Order *.
2. Interpretation
In these Regulations, unless the context otherwise requires–
"Board" means the Board of Directors provided for in paragraph 5 of the Order;
"Order" means the National Development Corporation (Establishment) Order *.
3. Tenure of office
(1) A member of the Board shall, unless his appointment is revoked or he otherwise ceases to be a member, hold office for any period which may be specified in the terms of his appointment or, if no period is specified, for a period of two years from the date of his appointment, and shall be eligible for reappointment.
(2) If any member, is, without the permission of the Board, absent from more than three consecutive meetings of the Board, he shall, unless the Minister otherwise directs, cease to be a member of the Board.
(3) 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, he shall cease to be a member.
4. Meetings
(1) The Board shall meet at least once every six months and at any other times which 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 incapacity through illness, the Vice-Chairman, who shall appoint a suitable time, place and date for the holding of each meeting.
(3) The Chairman or, in his absence, the Vice-Chairman, shall preside at the meetings of the Board and in the absence of both the Chairman and the Vice-Chairman from a meeting, the members present at the meeting shall elect one of their number to be Chairman for that meeting.
5. Quorum
(1) A majority of the members of the Board shall constitute a quorum at any meeting of the Board.
(2) All acts, matters and things, authorised to be done by the Board shall be decided by resolution at a meeting of the Board at which a quorum is present.
(3) 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 casting vote in addition to his deliberative vote.
(5) Notwithstanding the provisions of paragraph (2) of this Regulation, where the Chairman or, in his absence from the United Republic or incapacity through illness, the Vice-Chairman, so directs, a decision may be made by the Board without a meeting by circulation of the relevant papers among all the members and the expression in writing of their views, but any member shall be entitled to require that that decision be deferred until the subject matter is considered at a meeting of the Board.
6. Minutes to be kept
Minutes in proper form of each meeting of the Board shall be kept and the minutes 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.
7. Member to declare interest
It shall be the duty of every member of the Board who is in any way, either directly or indirectly, interested in any project or matter under consideration by the Board, to declare his interest to the Board, and the remaining members of the Board shall decide whether or not that member shall participate in the Board's deliberations upon that project or matter, or vote on any resolution pertaining to it.
(Paragraph 5(6) of the Tanzania Tourist Corporation
(Establishment) Order, 1969)
[23rd May, 1969]
G.N. No. 131 of 1969
1. These Regulations may be cited as the Tanzania Tourist Corporation (Board of Directors) Regulations, and shall be read as one with the Tanzania Tourist Corporation (Establishment) Order *.
2. In these Regulations, unless the context otherwise requires–
"Board" means the Board of Directors provided for in paragraph 5 of the Order;
"the Order" means the Tanzania Tourist Corporation (Establishment) Order *.
3. (1) A member of the Board shall, unless his appointment is revoked or he otherwise ceases to be a member, hold office for such period as may be specified in the terms of his appointment or, if no period is specified, for a period of two years from the date of his appointment, and shall be eligible for reappointment.
(2) If any member is, without the permission of the Board, absent from more than three consecutive meetings of the Board, he shall, unless the Minister otherwise directs, cease to be a member of the Board.
(3) 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, he shall cease to be a member.
4. (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 incapacity through illness, the Vice-Chairman, who shall appoint a suitable time, place and date for the holding of each meeting.
(3) The chairman or, in his absence, the vice-chairman, shall preside at the meetings of the Board. In the absence of both the chairman and the vice-chairman from a meeting, the members present at the meeting shall elect one of their number to be chairman for that meeting.
5. (1) A majority of the members of the Board shall constitute a quorum at any meeting of the Board.
(2) All acts, matters and things, authorised to be done by the Board shall be decided by resolution at a meeting of the Board at which a quorum is present.
(3) 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 casting vote in addition to his deliberative vote.
(5) Notwithstanding the provisions of paragraph (2) of this Regulation, where the chairman or, in his absence from the United Republic or incapacity through illness, the vice-chairman, so directs, a decision may be made by the Board without a meeting by circulation of the relevant papers among all the members and the expression in writing of their views, but any member shall be entitled to require that any such decision shall be deferred until the subject matter shall be considered at a meeting of the Board.
6. Minutes in proper form of each meeting of the Board shall be kept and such minutes shall be submitted to the Board at its next meetings and, if confirmed by the members, shall be signed by the chairman of the meeting.
7. It shall be the duty of every member of the Board who is in any way, either directly or indirectly, interested in any project or matter under consideration by the Board, to declare such interest to the Board, and the remaining members of the Board shall thereupon decide whether or not such member shall participate in the Board's deliberations upon such project or matter, or vote on any resolution pertaining thereto.
(Paragraph 5(6) of the National Agricultural and Food Corporation (Establishment) Order)
G.N. No. 132 of 1969
1. Citation
These Regulations may be cited as the National Agricultural and Food Corporation (Board of Directors) Regulations, and shall be read as one with the National Agricultural and Food Corporation (Establishment) Order *.
2. Interpretation
In these Regulations, unless the context requires otherwise–
"Board" means the Board of Directors provided for in paragraph 5 of the Order;
"Order" means the National Agricultural and Food Corporation (Establishment) Order *.
3. Tenure of office
(1) A member of the Board shall, unless his appointment is revoked or he otherwise ceases to be a member, hold office for any period as which may specified in the terms of this appointment or, if no period is specified, for a period of two years from the date of his appointment, and shall be eligible for reappointment.
(2) If any member is, without the permission of the Board, absent from more than three consecutive meetings of the Board, he shall, unless the Minister otherwise directs, cease to be a member of the Board.
(3) 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, he shall cease to be a member.
4. Meetings
(1) The Board shall meet at least once in every six months and at any other times which 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 incapacity thought illness, the Vice-Chairman, who shall appoint a suitable time, place and date for the holding of each meeting.
(3) The Chairman or, in his absence, the Vice-Chairman, shall preside at the meetings of the Board and in the absence of both the chairman and the Vice-Chairman from a meeting, the members present at the meeting shall elect one of their number to be Chairman for that meeting.
5. Quorum
(1) A majority of the members of the Board shall constitute a quorum at any meeting of the Board.
(2) All acts, matters and things, authorised to be done by the Board shall be decided by resolution at a meeting of the Board at which a quorum is present.
(3) 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 casting vote in addition to his deliberative vote.
(5) Notwithstanding the provisions of paragraph (2) of this Regulation, where the Chairman or, in his absence from the United Republic or incapacity through illness, the Vice-Chairman, so directs, a decision may be made by the Board without a meeting by circulation of the relevant papers among all the members and the expression in writing of their views, but any member shall be entitled to require that that decision be deferred until the subject matter is considered at a meeting of the Board.
6. Minutes to be kept
Minutes in proper form of each meeting of the Board shall be kept and those minutes shall be submitted to the Board at its next meeting and, if confirmed by the member, shall be signed by the Chairman of the meeting.
7. Member to declare interest
It shall be the duty of every member of the Board who is in any way, either directly or indirectly, interested in any project or matter under consideration by the Board, to declare his interest to the Board, and the remaining members of the Board shall decide whether or not that member shall participate in the Board's deliberations upon that project or matter, or vote on any resolution pertaining to it.
(Section 5(6) of the National Transport (Establishment) Order)
G.N. No. 256 of 1970
1. Citation
These Regulations may be cited as the National Transport Corporation (Board of Directors) Regulations and shall be read as one with the National Transport Corporation (Establishment) Order *.
2. Interpretation
In these Regulations, unless the context requires otherwise–
"Board" means the Board of Directors provided for in paragraph 5 of the Order;
"Order" means the National Transport Corporation (Establishment) Order *.
3. Tenure of office
(1) A member of the Board shall, unless his appointment is revoked or he otherwise ceases to be a member hold office for any period which may be specified in the terms of his appointment or, if no period is specified, for a period of two years from the date of his appointment, and shall be eligible for reappointment.
(2) If any member is, without the permission of the Board, absent from more than three consecutive meetings of the Board, he shall, unless the Minister otherwise directs, cease to be a member of the Board.
(3) 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, he shall cease to be a member.
4. Meetings
(1) The Board shall meet at least once in every six months and at any other times which 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 incapacity through illness, the Vice-Chairman, who shall appoint a suitable time, place and date for the holding of each meeting.
(3) The Chairman or, in his absence, the Vice-Chairman, shall preside at the meetings of the Board and in the absence of the both the Chairman and the Vice-Chairman from a meeting, the members present at the meeting shall elect from one of their numbers to be Chairman for that meeting.
5. Quorum
(1) A majority of the members of the Board shall constitute a quorum at any meeting of the Board.
(2) All acts, matters and things, authorised to be done by the Board shall be decided by resolution at a meeting of the Board at which a quorum is present.
(3) 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 casting vote in addition to his deliberative vote.
(5) Notwithstanding the provisions of paragraph (2) of these Regulations, where the Chairman or, in his absence from the United Republic or incapacity through illness, the Vice-Chairman, so directs, a decision may be made by the Board without a meeting by circulation of the relevant papers among all the members and the expression in writing of their views, but any member shall be entitled to require that that decision be deferred until the subject matter is considered at a meeting of the Board.
6. Minutes to be kept
Minutes in proper form of each meeting of the Board shall be kept and those minutes 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.
7. Member to declare interest
It shall be the duty of every member of the Board who is in any way, either directly or indirectly, interested in any project or matter under consideration by the Board, to declare his interest to the Board, and the remaining members of the Board shall decide whether or not that member shall participate in the Board's deliberations upon the project or matter, or vote on any resolution pertaining to it.
(Paragraph 5(7) of Tanzania Legal Corporation (Establishment) Order)
G.N. No. 37 of 1971
1. Citation
These Regulations may be cited as the Tanzania Legal Corporation (Board of Directors) Regulations and shall be read as one with the Tanzania Legal Corporation (Establishment) Order *.
2. Interpretation
In these Regulations unless the context requires otherwise–
"Board" means the Board of Directors provided in paragraph 5 of the Order;
"Order" means the Tanzania Legal Corporation (Establishment) Order *.
3. Tenure of office
(1) A member of the Board shall, unless his appointment is revoked or he otherwise ceases to be a member, hold office for any period which may be specified in the terms of his appointment or, if no period is so specified, for a period of two years from the date of his appointment, and shall be eligible for reappointment.
(2) If any member is, without the permission of the Board, absent from more than three consecutive meetings of the Board, he shall, unless the Minister otherwise directs, cease to be a member of the Board.
(3) 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, he shall cease to be a member.
4. Meetings
(1) The Board shall meet at least once in every six months and at any other times which may be necessary or expedient for the transaction of the business.
(2) All meetings of the Board shall be convened by the Chairman or, in his absence from the United Republic or incapacity through illness, the Vice-Chairman who shall appoint a suitable time, place and date for the holding of each meeting.
(3) The Chairman or, in his absence, the Vice-Chairman, shall preside at the meetings of the Board and in the absence of both the Chairman and the Vice-Chairman from a meeting, the members present at the meeting shall elect one of their number to be the Chairman for that meeting.
5. Quorum
(1) A majority of the members of the Board shall constitute a quorum at any meeting of the Board.
(2) All acts, matters and things authorised to be done by the Board shall be decided by resolution at a meeting of the Board at which a quorum is present.
(3) 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 casting vote in addition to his deliberate vote.
(5) Notwithstanding the provisions of paragraph (2) of this regulation, where the Chairman or, in his absence from the United Republic or incapacity through illness, the Vice-Chairman, so directs, a decision may be made by the Board without a meeting by circulation of the relevant papers among all the members and the expression in writing of their views, but any member shall be entitled to require that that decision be deferred until the subject matter is considered at a meeting of the Board.
6. Minutes to be kept
Minutes in proper form of each meeting of the Board shall be kept and those minutes 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.
7. Member to declare interest
It shall be the duty of every member of the Board who is in any way either directly or indirectly, interested in any project or matter under consideration by the Board, to declare his interest to the Board, and the remaining members of the Board shall decide whether or not that member shall participate in the Board's deliberations upon that project or matter, or vote on any resolution pertaining to it.
(Paragraph 5(6) of the Tanzania Wood Industry Corporation (Establishment) Order)
G.N. No. 92 of 1971
1. Citation
These Regulations may be cited as the Tanzania Wood Industry Corporation (Board of Directors) Regulations and shall be read as one with the Tanzania Wood Industry Corporation (Establishment) Order *.
2. Interpretation
In these Regulations unless the context requires otherwise–
"Board" means the Board of Directors provided for in paragraph 5 of the Order;
"Order" means the Tanzania Wood Industry Corporation (Establishment) Order *.
3. Tenure of office
(1) A member of the Board shall, unless his appointment is revoked or he otherwise ceases to be a member, hold office for any period which may be specified in the terms of his appointment or, if no period is specified, for a period of two years from the date of his appointment, and shall be eligible for reappointment.
(2) If any member is, without the permission of the Board, absent from more than three consecutive meetings of the Board, he shall, unless the Minister otherwise directs, cease to be a member of the Board.
(3) 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, he shall cease to be a member.
4. Meetings
(1) The Board shall meet at least once in every six months at any other times which 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 incapacity through illness the Vice-Chairman, who shall appoint a suitable time, place and date for the holding of each meeting.
(3) The Chairman or, in his absence, the Vice-Chairman, shall preside at the meetings of the Board and in the absence of both the chairman and the Vice-Chairman from a meeting, the members present at the meeting shall elect one of their number to be Chairman for that meeting.
5. Quorum
(1) A majority of the members of the Board shall constitute a quorum at any meeting of the Board.
(2) All acts, matters and things, authorised to be done by the Board shall be decided by resolution at a meeting of the Board at which a quorum is present.
(3) 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 casting vote in addition to his deliberative vote.
(5) Notwithstanding the provisions of paragraph (2) of this regulation, where the Chairman or, in his absence from the United Republic or incapacity through illness, the Vice-Chairman, so directs, a decision may be made by the Board without a meeting by circulation of the relevant papers among all the members and the expression in writing of their views, but any member shall be entitled to require that any that decision be deferred until the subject matter is considered at a meeting of the Board.
6. Minutes to be kept
Minutes in proper form of each meeting of the Board shall be kept and those minutes 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.
7. Member to declare interest
It shall be the duty of every member of the Board who is in any way, either directly or indirectly, interested in any project or matter under consideration by the Board, to declare his interest to the Board, and the remaining members of the Board shall decide whether or not that member shall participate in the Board's deliberations upon that project or matter, or vote on any resolution pertaining thereto.
(Paragraph 6(7) of the State Mining Corporation (Establishment) Order)
G.N. No. 139 of 1973
1. Citation
These Regulations may be cited as the State Mining Corporation (Board of Directors) Regulations and shall be read as one with the State Mining Corporation (Establishment) Order *.
2. Interpretation
In these Regulations unless the context requires otherwise–
"Board" means the Board of Directors provided for in paragraph 6 of the Order;
"Order" means the State Mining Corporation (Establishment) Order *.
3. Tenure of office
(1) A member of the Board shall, unless his appointment is revoked or he otherwise cease to be a member, hold office for any period which may be specified in the terms of his appointment or if no period is so specified for a period of two years from the date of his appointment, and shall be eligible for reappointment.
(2) The Minister shall appoint one of the members of the Board to be Vice-Chairman.
(3) If any member is, without the permission of the Board, absent from more than three consecutive meetings of the Board, he shall, unless the Minister otherwise directs, cease to be a member of the Board.
4. Member of the Board may resign
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, he shall cease to be a member.
5. Meetings
(1) The Board shall meet at least once in every six months and at any other times which may be necessary or expedient for the transaction of its business.
(2) All meetings of Board shall be convened by the Chairman or in his absence from the United Republic or incapacity through illness, the Vice-Chairman who shall appoint a suitable time, place and date for the holding of each meeting.
(3) The Chairman or, in his absence, the Vice-Chairman shall preside at the meetings of the Board and in the absence of both the Chairman and the Vice-Chairman from a meeting, the members present at the meeting shall elect one of their number to be the Chairman for that meeting.
6. Quorum
(1) The quorum necessary for any meeting of the Board shall be five members.
(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) 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 casting vote in addition to his deliberative vote.
(5) Notwithstanding the provisions of paragraph (2) of this regulation, where the Chairman or, in his absence from the United Republic or incapacity through illness, the Vice-Chairman, so directs, a decision may be made by the Board without a meeting by circulation of the relevant papers among all the members and the expression in writing of their views, but any member shall be entitled to require that any that decision be deferred until the subject matter is considered at a meeting of the Board.
7. Minutes to be kept
Minutes in proper form of each meeting of the Board shall be kept and those minutes 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. Member to declare interest
It shall be the duty of every member of the Board who is in any way either directly or indirectly, interested in any project or matter under consideration by the Board, to declare his interest to the Board, and the remaining members of the Board shall decide whether or not that member shall participate in the Board's deliberation upon the project or matter, or vote on any resolution pertaining to it.
(Paragraph 6(6) of the State Motor Corporation (Establishment) Order)
G.N. No. 26 of 1974
1. Citation
These Regulations may be cited as the State Motor Corporation (Board of Directors) Regulations and shall be read as one with the State Motor Corporation (Establishment) Order *.
2. Interpretation
In these Regulations, unless the context requires otherwise–
"Board" means the Board of Directors provided for in paragraph 6 of the Order;
"Order" means the State Motor Corporation (Establishment) Order *.
3. Tenure of office
(1) A member of the Board shall, unless his appointment is revoked or he otherwise ceases to be a member, hold office for any period which may be specified in the terms of his appointment or if no period is so specified for a period of two years from the date of his appointment, and shall be eligible for reappointment.
(2) If any member is, without the permission of the Board, absent from more than three consecutive meetings of the Board, he shall, unless the Minister otherwise directs, cease to be a member of the Board.
4. Member of the Board may resign
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, he shall cease to be a member.
5. Meetings
(1) The Board shall meet at least once in every three months and at any other times which 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 incapacity through illness, the Vice-Chairman, who shall appoint a suitable time, place and date for the holding of each meeting.
(3) The Chairman or, in his absence, the Vice-Chairman, shall preside at the meetings of the Board and in the absence of both the Chairman and the Vice-Chairman from a meeting, the members present at the meeting shall elect one of their number to be the Chairman for that meeting.
6. Quorum
(1) The quorum necessary for any meeting of the Board shall be four members.
(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) 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 casting vote in addition to his deliberative vote.
(5) Notwithstanding the provisions of paragraph (2) of this regulation, where the Chairman or, in his absence from the United Republic or incapacity through illness, the Vice-Chairman, so directs, a decision may be made by the Board without a meeting by circulation of the relevant papers among all the members and the expression in writing of their views, but any member shall be entitled to require that that decision be deferred until the subject matter is considered at a meeting of the Board.
7. Minutes to be kept
Minutes in proper form of each meeting of the Board shall be kept and those minutes 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. Member 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 its committee at which the contract, project or other matter is the subject of consideration, he shall at the meeting, as soon as practicable after its commencement disclose the fact, 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 other matter:
Provided that contravention of the provisions of this regulation 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 in his opinion, having regard to all the circumstances, that decision is not detrimental to the interest of the Corporation.
(Paragraph 6(6) of Tanzania Fisheries Corporation (Establishment) Order)
G.N. No. 118 of 1974
1. Citation
These Regulations may be cited as the Tanzania Fisheries Corporation (Board of Directors) Regulations and shall be read as one with the Tanzania Fisheries Corporation (Establishment) Order *.
2. Interpretation
In these Regulations, unless the context requires otherwise–
"Board" means the Board of Directors provided for in paragraph 6 of the Order;
"Order" means the Tanzania Fisheries Corporation (Establishment) Order *.
3. Tenure of office
(1) A member of the Board shall, unless his appointment is revoked or he otherwise ceases to be a member, hold office for any period which may be specified in the terms of his appointment or if no period is so specified for a period of two years from the date of his appointment, and shall be eligible for reappointment.
(2) If any member is, without the permission of the Board, absent from more than three consecutive meetings of the Board, he shall, unless the Minister otherwise directs, cease to be a member of the Board.
4. Member of the Board may resign
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, he shall cease to be a member.
5. Meetings
(1) The Board shall meet at least once every six months and at any other times which 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 incapacity through illness, the Vice-Chairman, who shall appoint a suitable time, place and date for the holding of each meeting.
(3) The Chairman or, in his absence, the Vice-Chairman, shall preside at the meetings of the Board and in the absence of both the Chairman and the Vice-Chairman from a meeting, the members present at the meeting shall elect one of their number to be the Chairman for that meeting.
6. Quorum
(1) The quorum necessary for any meeting of the Board shall be four members.
(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) 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 casting vote in addition to his deliberative vote.
(5) Notwithstanding the provisions of paragraph (2) of this regulation, where the Chairman or, in his absence from the United Republic or incapacity through illness, the Vice-Chairman, so directs, a decision may be made by the Board without a meeting by circulation of the relevant papers among all the members and the expression in writing of their views, but any member shall be entitled to require that that decision be deferred until the subject matter is considered at a meeting of the Board.
7. Minutes to be kept
Minutes in proper form of each meeting of the Board shall be kept and those minutes 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. Member to declare interest
It shall be the duty of every member of the Board who is in any way either directly or indirectly, interested in any project or matter under consideration by the Board, to declare his interest to the Board, and the remaining members of the Board shall decide whether or not that member shall participate in the Board's deliberations upon the project or matter, or vote on any resolution pertaining to it.
(Paragraph 5(6) of the National Textile Corporation (Establishment) Order)
G.N. No. 120 of 1974
1. Citation
These regulations may be cited as the National Textile Corporation (Board of Directors) Regulations and shall be read as one with the National Textile Corporation (Establishment) Order *.
2. Interpretation
In these Regulations unless the context requires otherwise–
"Board" means the Board of Directors provided for in paragraph 5 of the Order;
"Order" means the National Textile Corporation (Establishment) Order *.
3. Tenure of office
(1) A member of the Board shall, unless his appointment is revoked or he otherwise ceases to be a member, hold office for any period which may be specified in the terms of his appointment or if no period is so specified for a period of two years from the date of his appointment, and shall be eligible for re-appointment.
(2) If any member is, without the permission of the Board, absent from more than three consecutive meetings of the Board, he shall, unless the Minister otherwise directs, cease to be a member of the Board.
4. Member of the Board may resign
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, he shall cease to be a member.
5. Meetings
(1) The Board shall meet at least once in every six months and at any other times which 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 incapacity through illness, the Vice-Chairman, who shall appoint a suitable time, place and date for the holding of each meeting.
(3) The Chairman or, in his absence the Vice-Chairman, shall preside at the meetings of the Board and in the absence of both the Chairman and the Vice-Chairman from a meeting, the members present at the meeting shall elect one of their number as the Chairman for that meeting.
6. Quorum
(1) The quorum necessary for any meeting of the Board shall be four members.
(2) All acts, matters and things, authorised to be done by the Board shall be decide by a resolution at a meeting of the Board at which a quorum is present.
(3) 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 casting vote in addition to his deliberative vote.
(5) Notwithstanding the provisions of paragraph (2) of this regulation, where the Chairman or, in his absence from the United Republic or incapacity through illness,the Vice-Chairman, so directs, a decision may be made by the Board without a meeting by circulation of the relevant papers among all the members and the expression in writing of their views, but any member shall be entitled to require that any that decision be deferred until the subject matter is considered at a meeting of the Board.
7. Minutes to be kept
Minutes in paper form of each meeting of the Board shall be kept and those minutes 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. Member to declare interest
It shall be the duty of every member of the Board who is in any way either directly or indirectly, interested in any project or matter under consideration by the Board, to declare his interest to the Board, and the remaining members of the Board shall decide whether or not that member shall participate in the Board's deliberations upon the project or matter, or vote on any resolution pertaining to it.
(Paragraph 10 of the National Institute for Productivity (Establishment) Order)
G.N. No. 151 of 1974
1. Citation
These Regulations may be cited as the National Institute for Productivity (Board of Directors) Regulations and shall be read as one with the National Institute for Productivity (Establishment) Order *.
2. Interpretation
In these Regulations, unless the context requires otherwise–
"Board" means the Board of Directors provided for in paragraph 5 of the Order;
"Order" means the National Institute for Productivity (Establishment) Order *.
3. Vice-Chairman
The Board shall elect one of its members to be the Vice-Chairman and any member elected as the Vice-Chairman shall, subject to his continuing to be a member, hold office of Vice-Chairman for a term of one year from the date of his election and shall be eligible to be re-elected.
4. Temporary member
Where any member of the Board who is a member by reason of holding any office in unable to discharge his duties as a member by reason of illness or absence from the United Republic, the person for the time being acting in the office held by him, shall be a temporary member of the Board.
5. Tenure of office
(1) A member of the Board shall, unless his appointment is revoked or he otherwise ceases to be a member, hold office for any period which may be specified in the terms of his appointment or, if no period is specified, for a period of two years from the date of his appointment, and shall be eligible for re-appointment.
(2) If any member is, without the permission of the Chairman or the Board, absent from more than three consecutive meeting of the Board, he shall, unless the Minister otherwise directs, cease to be a member of the Board.
(3) 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, he shall cease to be a member.
6. Meetings
(1) The Board shall meet at least once in every six months and may meet at any other times which 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 incapacity through illness, the Vice-Chairman, who shall appoint a suitable time, place and date for the holding of each meeting.
(3) The Chairman or, in his absence, the Vice-Chairman, shall preside at the meetings of the Board and in the absence of both the Chairman and the Vice-Chairman from a meeting, the members present at the meeting shall elect one of their number to be Chairman for that meeting.
7. Quorum
(1) A majority of the members of the Board shall constitute a quorum at any meeting of the Board.
(2) All acts, matters and things, authorised to be done by the Board shall be decided by resolution at a meeting of the Board at which a quorum is present.
(3) 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 casting vote in addition to his deliberative vote.
8. Decision by circulation of papers
Notwithstanding the provisions of paragraph (2) of regulation 7, where the Chairman or, in his absence from the United Republic or incapacity through illness, the Vice-Chairman, so directs, a decision may be made by the Board without a meeting by circulation of the relevant papers among all the members and the expression in writing of their views, but any member shall be entitled to require that that decision be deferred until the subject matter is considered at a meeting of the Board.
9. Minutes to be kept
Minutes in proper form of each meeting of the Board shall be kept and those minutes 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.
10. Execution of documents
(1) The seal for the Institute shall be affixed by the Managing Director, the Chairman, the Vice-Chairman, or any other officer of the Institute whom the Board may appoint in that behalf and shall be witnessed by the person affixing the same or member of the Board or officer of the Institute whom the Board may nominate in that behalf.
(2) All contracts, guarantees, bonds, securities, mortgages, charges, bills of exchange, promissory notes, bank drafts, letters of credit and other instruments whatsoever to which the Institute is a party shall be executed on behalf of the Institute–
(a) by the Chairman; or
(b) by the Managing Director and any other person or persons who may be authorised by the Board in that behalf:
Provided that as respects any instrument specified in this paragraph, the Chairman may in writing delegate his functions under this paragraph to any officer of the Institute, but that delegation shall not prevent the Chairman from exercising the function himself.
11. Member to declare interest
It shall be the duty of every member of the Board who is in any way, either directly or indirectly, interested in any project or matter under consideration by the Board, to declare his interest to the Board, and the remaining members of the Board shall decide whether or not that member shall participate in the Board's deliberations upon the project or matter, or vote on any resolution pertaining to it.
(Paragraph 5(6) of the Sugar Development Corporation,(Establishment) Order)
G.N. No. 162 of 1974
1. Citation
These Regulations may be cited as the Sugar Development Corporation (Board of Directors) Regulations and shall be read as one with the Sugar Development Corporation (Establishment) Order *.
2. Interpretation
In these Regulations unless the context requires otherwise–
"Board" means the Board of Directors provided for in paragraph 5 of the Order;
"Order" means the Sugar Development Corporation (Establishment) Order *.
3. Tenure of office
(1) A member of the Board shall, unless his appointment is revoked or he otherwise ceases to be a member, hold office for any period which may be specified in the terms of his appointment or if no period is so specified for period of two years from the date of his appointment, and shall be eligible for reappointment.
(2) If any member is, without the permission of the Board, absent from more than three consecutive meetings of the Board, he shall, unless the Minister otherwise directs, cease to be a member of the Board.
4. Member of the Board may resign
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, he shall cease to be a member.
5. Meetings
(1) The Board shall meet at least once in every six months and at any other times which 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 this absence from the United Republic or incapacity through illness, the Vice-Chairman, who shall appoint a suitable time, place and date for the holding of each meeting.
(3) The Chairman or, in his absence, the Vice-Chairman, shall preside at the meetings of the Board and in the absence of both the Chairman and Vice-Chairman from a meeting, the members present at the meeting shall elect one of their number to be the Chairman for that meeting.
6. Quorum
(1) The quorum necessary for any meeting of the Board shall be four members.
(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) 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 casting vote in addition to his deliberative vote.
(5) Notwithstanding the provisions of paragraph (2) of this regulation, where the Chairman or, in his absence from the United Republic or incapacity through illness, the Vice-Chairman, so directs, a decision may be made by the Board without a meeting by circulation of the relevant papers among all the members and the expression in writing of their views, but any member shall be entitled to require that that decision be deferred until the subject matter is considered at a meeting of the Board.
7. Minutes to be kept
Minutes in proper form of each meeting of the Board shall be kept and those minutes 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. Member to declare interst
It shall be the duty of every member of the Board who is in any way either directly or indirectly, interested in any project or matter under consideration by the Board, to declare his interest to the Board, and the remaining members of the Board shall decide whether or not that member shall participate in the Board's deliberations upon the project or matter, or vote on any resolution pertaining thereto.
(Paragraph 5(6) of the Tanzania Petroleum Development Corporation (Establishment) Order)
G.N. No. 305 of 1974
1. Citation
These Regulations may be cited as the Tanzania Petroleum Development Corporation (Board of Directors) Regulations and shall be read as one with the Tanzania Petroleum Development Corporation (Establishment) Order *.
2. Interpretation
In these Regulations, unless the context requires otherwise–
"Board" means the Board of Directors provided for in paragraph 5 of the Order;
"Order" means the Tanzania Petroleum Development Corporation (Establishment) Order *.
3. Tenure of office
(1) A member of the Board shall, unless his appointment is revoked or he otherwise ceases to be a member, hold office for any period which may be specified in the terms of his appointment or if no period is so specified for a period of two years from the date of his appointment, and shall be eligible for reappointment.
(2) If any member is, without the permission of the Board, absent from more than three consecutive meetings of the Board, he shall, unless the Minister otherwise directs, cease to be a member of the Board.
4. Member of the Board may resign
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, he shall cease to be a member.
5. Meetings
(1) The Board shall meet at least once in every six months and at any other times which 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 incapacity through illness, the Vice-Chairman, who shall appoint a suitable time, place and date for the holding of each meeting.
(3) The Chairman or, in his absence the Vice-Chairman shall preside at the meetings of the Board and in the absence of both the Chairman and the Vice-Chairman from a meeting, the members present at the meeting shall elect one of their number to be the Chairman for that meeting.
6. Quorum
(1) The quorum necessary for any meeting of the Board shall be four members.
(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) 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 casting vote in addition to his deliberative vote.
(5) Notwithstanding the provisions of paragraph (2) of this regulation, where the Chairman or in this absence from the United Republic or incapacity through illness, the Vice-Chairman, so directs, a decision may be made by the Board without a meeting by circulation of the relevant papers among all the members and the expression in writing of their views, but any member shall be entitled to require that that decision be deferred until the subject matter is considered at a meeting of the Board.
7. Minutes to be kept
Minutes in proper form of each meeting of the Board shall be kept and those minutes 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. Member to declare interst
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 its Committee at which the contract, project or other matter is the subject of consideration, he shall at the meeting, as soon as practicable after its commencement disclose the fact 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 other 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 in his opinion having regard to all the circumstances, that decision is not detrimental to the interests of the Corporation.
(Paragraph 6(6) of the Tanzania Wildlife Corporation (Establishment) Order)
G.N. No. 100 of 1975
1. Citation
These Regulations may be cited as the Tanzania Wildlife Corporation (Board of Directors) Regulations and shall be read as one with the Tanzania Wildlife Corporation (Establishment) Order *.
2. Interpretation
In these Regulations, unless the context requires otherwise–
"Board" means the Board of Directors provided for in paragraph 6 of the Order;
"Order" means the Tanzania Wildlife Corporation (Establishment) Order *.
3. Tenure of office
(1) A member of the Board shall, unless his appointment is revoked or he otherwise ceases to be a member, hold office for any period which may be specified in the terms of this appointment or if no period is so specified for a period of two years from the date of his appointment, shall be eligible for reappointment.
(2) If any member is, without the permission of the Board, absent from more than three consecutive meetings of the Board, he shall, unless the Minister otherwise directs, cease to be a member of the Board.
4. Member of the Board may resign
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, he shall cease to be a member.
5. Meetings
(1) The Board shall meet at least once every six months and at any other times which 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 incapacity through illness, the Vice-Chairman, who shall appoint a suitable time, place and date for the holding of each meeting.
(3) The Chairman, or in his absence the Vice-Chairman, shall preside at the meetings of the Board and in the absence of both the Chairman and Vice-Chairman, from a meeting, the members present at the meeting shall elect one of their number to be the Chairman of that meeting.
6. Quorum
(1) The quorum necessary for any meeting of the Board shall be four members.
(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) 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 casting vote in addition to his deliberative vote.
(5) Notwithstanding the provisions of paragraph (2) of this regulation, where the Chairman or, in his absence from the United Republic or incapacity through illness, the Vice-Chairman so directs, a decision may be made by the Board without a meeting by circulation of the relevant papers among all the members and the expression in writing of their views, but any member shall be entitled to require that that decision be deferred until the subject matter is considered at a meeting of the Board.
7. Minutes to be kept
Minutes in proper form of each meeting of the Board shall be kept and those minutes 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. Member 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 committee at which the contract, project or other matter is the subject of consideration, he shall at the meeting, as soon as practicable after its commencement, disclose the fact 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 provision of this regulation 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 in his opinion, having regard to all the circumstances, the decision is not detrimental to the interests of the Corporation.
(Paragraph 5(4) of the Mwananchi Engineering and Contracting Corporation (Establishment) Order)
G.N. No. 115 of 1983
1. Citation
These Regulations may be cited as the Mwananchi Engineering and Contracting Corporation (Board of Directors) Regulations, and shall be read as one with the Mwananchi Engineering and Contracting Corporation (Establishment) Order *.
2. Interpretation
In these Regulations, unless the context requires otherwise–
"Board" means the Board of Directors provide for in paragraph 5 of the Order;
"Order" means the Mwananchi Engineering and Contracting Corporation (Establishment) Order *.
3. Tenure of office
(1) A member of the Board shall, unless his appointment is revoked or he otherwise ceases to be a member, hold office for any period which may be specified in the terms of his appointment or, if no period is specified, for a period of three years from the date of his appointment, and shall be eligible for re-appointment.
(2) If any member is, without the permission of the Board, absent from more than three consecutive meetings of the Board, he shall, unless the Minister otherwise directs, cease to be a member of the Board.
(3) 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, he shall cease to be a member.
4. Meetings of the Board
(1) The Board shall meet at least once in every three months and at any other time which 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 incapacity through illness, the Vice-Chairman, who shall appoint a suitable time, place and date for the holding of each meeting.
(3) The Chairman or, in his absence, the Vice-Chairman, shall preside at the meetings of the Board, and in the absence of both the Chairman and Vice-Chairman from a meeting, the members present at the meeting shall elect one of their number to be Chairman for that meeting.
5. Quorum
(1) A majority of the members of the Board shall constitute a quorum at any meeting of the Board.
(2) All acts, matters and things, authorised to be done by the Board shall be decided by resolution at a meeting of the Board at which a quorum is present.
(3) 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 casting vote in addition to his deliberative vote.
(5) Notwithstanding the provisions of paragraph (2) of this Regulation, where the Chairman or, in his absence from the United Republic or incapacity through illness, the Vice-Chairman, so directs, a decision may be made by the Board without a meeting by circulation of the relevant papers among all the members and the expression in writing of their views, but any member shall be entitled to require that that decision be deferred until the subject matter is considered at a meeting of the Board.
6. Minutes to be kept
Minutes in proper form of each meeting of the Board shall be kept and those minutes 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.
7. Member to declare interest
It shall be the duty of every member of the Board who is in any way, either directly or indirectly, interested in any project or matter under consideration by the Board, to declare such interest to the Board, and the remaining members of the Board shall thereupon decide whether or not such member shall participate in the Board's deliberation upon that project or matter, or vote on any resolution pertaining to it.
(Paragraph 5(4) of the National Estates and Designing Corporation (Establishment) Order)
G.N. No. 41 of 1983
1. Citation
These Regulations may be cited as the National Estates and Designing Corporation (Board of Directors) Regulations and shall be read as one with the National Estates and Designing Corporation (Establishment) Order *.
2. Interpretation
In these Regulations, unless the context requires otherwise–
"Board" means the Board of Directors provided for in paragraph 5 of the Order;
"Order" means the National Estates and Designing Corporation (Establishment) Order *.
3. Tenure of office
(1) A member of the Board shall, unless his appointment is revoked or he otherwise ceases to be a member, hold office for any period which may be specified in the terms of his appointment or, if no period is specified, for a period of three years from the date of his appointment, and shall be eligible for re-appointment.
(2) If any member is, without the permission of the Board, absent from more than three consecutive meetings of the Board, he shall, unless the Minister otherwise directs, cease to be a member of the Board.
(3) 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, he shall cease to be a member.
4. Meetings
(1) The Board shall meet at least once every three months and at any other times which 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 incapacity through illness, the Vice-Chairman, who shall appoint a suitable time, place and date for the holding of each meeting.
(3) The Chairman or, in his absence, the Vice-Chairman, shall preside at the meetings of the Board, and in the absence of both the Chairman and Vice-Chairman from a meeting, the members present at the meeting shall elect one of their number to be Chairman for that meeting.
5. Quorum
(1) A majority of the members of the Board shall constitute a quorum at any meeting of the Board.
(2) All acts, matters and things, authorised to be done by the Board shall be decided by resolution at a meeting of the Board at which a quorum is present.
(3) 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 casting vote in addition to his deliberative vote.
(5) Notwithstanding the provisions of paragraph (2) of this Regulation, where the Chairman or, in his absence from the United Republic or incapacity through illness, the Vice-Chairman, so directs, a decision may be made by the Board without a meeting by circulation of the relevant papers among all the members and the expression in writing of their views, but any member shall be entitled to require that that decision be deferred until the subject matter is considered at a meeting of the Board.
6. Minutes to be kept
Minutes in proper form of each meeting of the Board shall be kept and those minutes 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.
7. Member to declare interest
It shall be the duty of every member of the Board who is in any way, either directly or indirectly, interested in any project or matter under consideration by the Board, to declare such interest to the Board, and the remaining members of the Board shall decide whether or not that member shall participate in the Board's deliberation upon the project or matter, or vote on any resolution pertaining to it.
(Paragraph 11(1)(b) of the Air Tanzania Corporation (Establishment) Order)
G.N. No. 367 of 1985
1. Citation
These Regulations may be cited as the Air Tanzania Corporation (Board of Directors) Regulations and shall be read as one with the Air Tanzania Corporation (Establishment) Order *.
2. Interpretation
In these Regulations, unless the context requires otherwise *–
"Amendment order" means the Air Tanzania Corporation (Establishment) (Amendment) Order;
"Board" means the Board of Directors as provided in paragraph 2 of the Order;
"Minister" means the Minister responsible for air transport;
"Order" means the Air Tanzania Corporation (Establishment) Order *.
3. Tenure of office
(1) A member of the Board, unless his appointment is revoked or he otherwise ceases to be a member, shall hold office for any period which is provided under paragraph 6(2)(c) of the Order.
(2) If any member is without the permission of the Board, absent for more than three consecutive meetings of the Board, unless the Minister otherwise directs, shall cease to be a member of the Board.
(3) 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, shall cease to be a member.
4. Meetings
(1) The Board shall meet at least four times a year and at any other times which may be necessary or expedient for the transactions of its business and at any place which the Chairman, or in his absence the Directors, shall appoint.
(2) The Secretary shall at any time, and on the requisition of the Chairman or Director, summon a meeting of the Directors.
(3) The Secretary shall give notice to the Directors at least fourteen days specifying the place, day and the hour of the meeting and the accidental omission to give that notice of a meeting to, or the non-receipt of the notice of a meeting by the Directors shall not invalidate the proceedings at any meeting.
(4) The Chairman shall preside at all meetings and in his absence, the members of the Board present shall elect a Chairman from among the members present for the purpose of conducting the business of that meeting only.
(5) Notwithstanding the provisions of Regulation 4(4) above, the members of the Board may elect from amongst themselves a Vice-Chairman who shall be the deputy for the Chairman and shall chair the meetings in his absence.
5. Quorum
(1) A majority of the members of the Board shall constitute a quorum at any meeting of the Board.
(2) All acts, matters and things authorised to be done by the Board shall be decided by resolution at a meeting of the Board at which a quorum is present.
(3) A decision of the majority of the members present and voting at meting 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 casting vote in addition to his deliberative vote.
6. Resolutions
A resolution in writing, signed by two thirds of the total members of the Board shall be as valid and effective as if it had been passed at a meeting of Directors duly convened and held, provided that any member shall be entitled to require that that decision be deferred until the subject matter is considered at a meeting of the Board.
7. Minutes to be kept
Minutes in proper form of each meeting of the Board shall be kept by the Secretary and those minutes 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. Member to declare interest
It shall be the duty of every member of the Board who is in any way either directly or indirectly interested in any project or matter under consideration by the Board to declare his interest to the Board, and that remaining members of the Board shall decide whether or not any such member shall participate in the Board's deliberations upon the project or matter, or vote on any resolution pertaining to it.
9. Delegation of powers
(1) The Board may delegate any of its powers to committees consisting of such a member or members of their body as they think fit and any committee so formed shall, in the exercise of the powers so delegated, conform to any regulations that may be imposed on it by the Board of Directors, provided that any act done by that committee shall be adopted at the next sitting of the Board.
(2) The Board may delegate to the Chairman the powers exercisable by it, upon any terms and subject to such restrictions as it may think fit, and either collaterally with or to the exclusion of the exercise of its powers, and the Board may from time to time vary the term of, rescind or otherwise revoke that delegation.
10. Payment of expenses
The Directors may be paid all expenses per diem travelling, hotel and other expenses properly incurred by them in the performance of their duties in connection with the business of the Corporation and in attending and returning form meetings of the Directors or any committee of the Directors of the Corporation provided that, the Directors may be paid any fees and or sitting allowances as may, from time to time be prescribed.
(Section 28)
[5th February, 1993]
G.N. No. 9 of 1993
1. These Regulations may be cited as the Tanzania Leather Associated Industries Regulations.
2. The tenure of the Boards of Directors of:
(a) The Tanzania Leather Associated Industries; and
(b) its subsidiary companies:
(i) Tanzania Shoe Company Limited;
(ii) Mwanza Tanneries Limited;
(iii) Tanzania Tanneries Limited,
which expired on 31st December, 1992, has been extended up to and including 31st December, 1993 or until the finalisation of the leather industries restructuring programme, whichever occurs earlier. {/mprestriction}