CHAPTER 305
TANZANIA POSTS AND TELECOMMUNICATIONS (VESTING OF ASSETS AND LIABILITIES) ACT

[SUBSIDIARY LEGISLATION]

INDEX TO SUBSIDIARY LEGISLATION

    NOTICES

        The Determination of Allocation of Assets and Liabilities Notice

NOTICES

THE DETERMINATION OF ALLOCATION OF ASSETS AND LIABILITIES NOTICE

(Section 4(2))

[31st December, 1993]

G.N. No. 194 of 1995

1.    Citation

    This Notice may be cited as the Determination of Allocation of Assets and Liabilities Notice.

2.    Interpretation

    In this Notice, unless the context otherwise requires–

    "Bank" means the Tanzania Postal Bank established by the Tanzania Postal Bank Act *.

    "Book" means the Report of the Committee on the Distribution of Assets and Liabilities of the Former Tanzania Posts and Telecommunications Corporation issued in December, 1994;

    "Commission" means the Tanzania Communications Commission;

    "Committee" means the Transition Management Committee;

    "Company" means the Tanzania Telecommunications Company Limited;

    "Corporation" means the Tanzania Posts Corporation;

    "effective date" means the first day of January, 1994;

    "entity" means the Commission, the Company or the Corporation;

    "former corporation" means the Tanzania Posts and Telecommunications Corporation.

3.    Vesting of assets

    Notice is hereby given that, subject to the provisions of the Tanzania Posts and Telecommunications (Vesting of Assets and Liabilities) Act *, and other provisions of this Notice, all the assets and liabilities of the former Corporation shall, with effect from the effective date be and be deemed to have been vested in the Bank, the Commission, the Company, or the Corporation, as the case may be, in accordance with the allocation determined by this Notice.

4.    Vesting of liabilities

    Where an asset is allocated and vested in an entity, the liabilities arising from or connected to that asset shall, except where it is expressly provided otherwise, also be transferred from the former Corporation and vest in the entity concerned.

5.    Technical equipment under foreign loans or grants

    (1) Any technical equipment acquired through foreign loans or grants and which is in the possession of any entity shall remain the property of the Government of the United Republic but continue in the possession of and be managed and operated by the entity on behalf of the Government until zero value.

    (2) The equipment and facilities described in the First Schedule to this Notice, and which are the property of the Government of the United Republic acquired through Japanese Official Development Assistance, shall remain the property of the Government and be operated by the Company only as agent of the Government until zero value, and on the condition that the Company shall not for any reason transfer or cause to be transferred or otherwise dispose of the possession or ownership of the equipment and facilities.

6.    Allocations to the Corporation

    (1) The assets described in Part A of the Second Schedule to this Notice, and more particularly set out in Appendix VI of the Book, which were immediately before the effective date vested in the former corporation for the purpose of operating postal services are hereby allocated to the Corporation.

    (2) The furniture and equipment described in Part B of the Second Schedule to this Notice, and more particularly set out in Appendix VIA of the Book, which were immediately before the effective date owned by the former corporation for the purpose of operating postal services are hereby allocated to the Corporation.

    (3) The motor vehicles described in Part C of the Second Schedule to this Notice, and more particularly set out in Appendix IX of the Book, which were immediately before the effective date owned by the former corporation for the purpose of operating postal services are hereby allocated to the Corporation.

7.    Allocation to the Company

    (1) The assets described in Part A of the Third Schedule to this Notice, and more particularly set out in Appendix VII of the Book, which were immediately before the effective date vested in the former corporation for the purpose of operating telecommunications services are hereby allocated to the Company.

    (2) The furniture and equipment described in Part B of the Third Schedule to this Notice, and more particularly set out in Appendix VIA of the Book, which were immediately before the effective date owned by the former corporation for the purpose of operating telecommunications services are hereby allocated to the Company.

    (3) The motor vehicles described in Part C of the Third Schedule to this Notice, and more particularly set out in Appendix IX of the Book, which were immediately before the effective date owned by the former corporation for the purpose of operating telecommunications services are hereby allocated to the Company.

8.    Allocations to the Commission

    The various equipment and motor vehicles described in the Fourth Schedule to this Notice, and more particularly set out in Appendix VIII of the Book, which were immediately before the effective date owned by the former corporation and used for frequency monitoring are hereby allocated to the Commission.

9.    Allocation of undeveloped plots

    The undeveloped plots located in various areas of the United Republic and described in columns 1, 2 and 3 of the Fifth Schedule to this Notice which were immediately before the effective date in the possession of the former corporation are hereby allocated to the entity whose acronym is specified in column 4 of the Fifth Schedule.

10.    Personnel who were employed by the former corporation

    (1) The persons specified in Appendix IIA and IIB of the Book who were immediately before the effective date employed by the former corporation in its telecommunications services are hereby designated by the Committee for employment by the Company with effect from the effective date.

    (2) The persons specified in Appendix IIIA and IIIB of the Book who were immediately before the effective date employed by the former corporation in its postal services are hereby designated by the Committee for employment by the Corporation with effect from the effective date.

    (3) The persons specified in Appendix IV of the Book who were immediately before the effective date employed in the regulatory services of the former corporation are hereby designated by the Committee for employment by the Commission with effect from the effective date.

11.    Provisions regarding the pension fund and pension

    (1) For the purposes of this paragraph–

    "entity" means the Bank, the Commission, the Company or, as the case may be, the Corporation;

    "the Fund" means the Pension Fund established and operated by the former corporation for its staff.

    (2) Subject to this paragraph, the fund shall, with effect from the effective date, be and be deemed to have been split and divided amongst the four entities each getting a share in proportion to the contributions made by it into the fund.

    (3) Prior to the split and division of the Fund amongst the entities, the Fund shall be submitted for actuarial valuation in order to determine its sufficiency.

    (4) If the actuarial valuation reveals a deficit, the liability shall be shared amongst the Bank, the Company and the Corporation in proportion to the actual pension contributions in respect of the persons previously employed by each of them in its business sector up to the 31st December, 1993.

    (5) Upon the split and division of the fund each entity shall be responsible for meeting the obligations owed by the fund to the pensioners whose pensions are transferred to the entity in accordance with the appropriate Appendix of the Book.

12.    Vesting of monies and stocks

    (1) All monies held in the bank accounts of the former corporation are hereby transferred and vested in the new entities in the manner provided by the Tanzania Posts and Telecommunications (Closure of Accounts of Former Corporation and Interim Vesting of Monies into Accounts of the Company and of the Corporation) Notice, 1994.

    (2) All stocks, including stocks in transit, acquired by the former corporation and which are in its possession immediately before the effective date shall, with effect from the effective date, be transferred to and vest, without any further assurance than this Notice–

    (a)    if acquired for the purpose of operating the postal services of the former Corporation, in the Corporation;

    (b)    if acquired for the purpose of operating the telecommunications services of the former corporation, in the Company;

    (c)    if acquired for the purpose of operating the regulatory services of the former Corporation, in the Commission.

FIRST SCHEDULE
EQUIPMENT ACQUIRED THROUGH ASSISTANCE FROM THE GOVERNMENT OF JAPAN

(Paragraph 5(2))

SECOND SCHEDULE

(Paragraph 6)

PART A
ASSETS ALLOCATED TO CORPORATION

PART B
FURNITURE AND OFFICE EQUIPMENT ALLOCATED TO CORPORATION

PART C
MOTOR VEHICLES ALLOCATED TO CORPORATION

THIRD SCHEDULE

(Paragraph 7)

PART A
ASSETS ALLOCATED TO COMPANY

PART B
FURNITURE AND OFFICE EQUIPMENT

PART C
MOTOR VEHICLES ALLOCATED TO COMPANY

FOURTH SCHEDULE
ASSETS ALLOCATED TO COMMISSION

(Paragraph 8)

FIFTH SCHEDULE
ALLOCATION OF UNDEVELOPED PLOTS

(Paragraph 9)

SIXTH SCHEDULE

(Paragraph 10)

PART A

Staff Taken-over by TTCL
Appendix II

PART B

Staff Taken-over by TPC
Appendix III

PART C

Staff Taken-over by TCC
Appendix IV

PART D

Staff from the Former Corporation Transferred to Tanzania Postal Bank
Appendix V {/mprestriction}