CHAPTER 208
BUSINESS LICENSING ACT

[SUBSIDIARY LEGISLATION]

INDEX TO SUBSIDIARY LEGISLATION

   REGULATIONS

      The Business Licensing Regulations

REGULATIONS

THE BUSINESS LICENSING REGULATIONS

(Section 27(1))

[22nd September, 1972]

G.N. No. 187 of 1972

PART I
PRELIMINARY PROVISIONS (regs 1-2)

1.   Title

   These Regulations may be cited as the Business Licensing Regulations.

2.   Interpretation

   In these Regulations, unless the context otherwise requires–

   "Act" means the Business Licensing Act *;

   "Appellate Authority" means–

   (a)   in the case of an appeal under section 22 of the Act, the Minister or, where the Minister has delegated his functions under that section to an Appeals Committee, the Appeals Committee;

   (b)   in the case of an appeal under section 23 of the Act, the Permanent Secretary or, where the Permanent Secretary has delegated his functions under that section to any other person or a Board, such other person or such Board.

PART II
APPLICATION, ETC. (regs 3-5)

3.   Application form

   Every application for a licence shall be in the form specified in the Schedule hereto or in such other form as the Permanent Secretary may, from time to time, approve for that purpose.

4.   Licence form

   Every business licence shall be in the form specified in the Schedule hereto or in such other form as the Permanent Secretary may, from time to time, approve for that purpose.

5.   Application to be made to licensing authority

   Every application for a business licence shall be made to the licensing authority for the district in which the business is, or is intended to be, carried on:

   Provided an application for a subsidiary licence may be made to the licensing authority who is the appropriate licensing authority in respect of the principal place of business, notwithstanding that the subsidiary business is or is intended to be carried on in some other district.

PART III
MISCELLANEOUS PROVISIONS (regs 6-7)

6.   Conditions annexed to a licence

   There shall be deemed to be annexed to every business licence granted under the Act the following conditions, namely–

   (a)   where the licence granted is a licence the licence fee in respect of which is required to be assessed on the annual turnover, and the annual turnover upon which the licence fee was assessed when the licence was granted exceeded twenty-four thousand shillings, that the licensee shall, on or before the thirtieth day of June in the year in which such licence is granted, submit to the licensing authority a duly consolidated and adjusted balance sheet in relation to all the businesses carried on by him during the calendar year immediately preceding the calendar year in which such licence is granted:

         Provided that the licensing authority may in any particular case, by writing under his hand, waive this condition or appoint a date later than the thirtieth day of June to be the date on or before which such balance sheet may be submitted; and

   (b)   that the licensee shall, when called upon by the Permanent Secretary or the licensing authority by a notice in writing so to do, submit within such time as may be specified in the notice to the Permanent Secretary or, as the case may be, the licensing authority, a return of his turnover for such period as may be specified in the notice and every such return shall be in such form as the Permanent Secretary or, as the case may be, the licensing authority, may direct; and

   (c)   that the premises in or on which the business is carried on shall at all times during which such business is being carried on, conform to the by-laws, if any, made in that behalf by a local authority having jurisdiction over the area within which the business is carried on; and

   (d)   that the person to whom such licence is granted shall comply with all the requirements of any by-laws made by a local authority affecting such business carried on within its area of jurisdiction and designed to ensure and safeguard sanitation, cleanliness or public health.

7.   Duplicate licence

   (1) Where any person who has been granted a business licence satisfies the licensing authority that his licence has been lost or destroyed or has become mutilated or been rendered illegible, the licensing authority may issue to such person a duplicate of the licence upon receipt of a fee of twenty shillings.

   (2) Any person who, subsequent to the revocation or cancellation of the original licence, obtains or attempts to obtain a duplicate of such licence while such revocation or cancellation is subsisting, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding ten thousand shillings or imprisonment for a term not exceeding one year or both such fine and imprisonment.

PART IV
APPEALS (regs 8-12)

8.   Memorandum of Appeal

   Every appeal shall be made by lodging with the Appellate Authority a memorandum of appeal setting out the decision complained against and the grounds upon which the complaint is made.

9.   Time for appeal

   Every appeal shall be made within thirty days of the date of the decision complained against:

   Provided that the Appellate Authority may, in any case for sufficient cause, allow an appeal to be lodged after the expiry of the period specified in this regulation.

10.   Procedure

   Subject to the provisions of these Regulations the Appellate Authority shall regulate the procedure on an appeal.

11.   Reference to Attorney-General

   It shall be lawful for an Appellate Authority to seek and obtain the opinion of the Attorney-General or a law officer on any issue of law involved in any appeal.

12.   Advocate not to have right of audience

   Where an Appellate Authority directs or permits the appellant to appear before it, it shall not allow the appellant to be represented by an advocate.

SCHEDULE
FORMS

FORM B.L. 01
APPLICATION FOR A BUSINESS LICENCE (Where Licence fee is of fixed Rate)

THE UNITED REPUBLIC OF TANZANIA

THE BUSINESS LICENSING ACT (CAP. 208)

1.

Applicant (Full Name): ................................................................. (Citizen/Non-Citizen)

Postal Address ........................................................................................................

...............................................................................................................................

2.

Business Name .......................................................................................................

Trading Address ........................................................... City/Town ...........................

Street No. ......................... Plot No. .............................. Block No. ..........................

3.

Full particulars of other premises at which business is carried:
...............................................................................................................................
...............................................................................................................................
(Any premises used as a godown, store, branch office, etc. is deemed to be a place where business is carried on. However, no subsidiary licence is necessary if such godown, store, branch office, etc. is on the same parcel of land as the main place of business.)

4.

Personal Tax File No. ......................................
Full Name of Director or Manager .....................
......................................................................

In the following declaration–
insert "P" or "S" as applicable in last Column:
"P" Where Principal Licence is applied.
"S" where Subsidiary Licence is applied.

5.

I HEREBY DECLARE THAT I CARRY ON:

Description of Business

Licence Fee (P)

Licence Fee (S)

Type applied

Shs.   Cts.

Shs.    Cts.

(a)   The business or a Commission Agent, Manufacturer's Agent or Estate Agent

1,000 00

250 00

(b)   The business of a broker

400 00

NIL

(c)   Banking business

6,000 00

2,000 00

   (Note: No licence fee is payable in respect of banker's mobile agency where licence fee for principal place has been paid.)

(d)   Insurance business or business of a Building Society or Investment Society or Company

(e)   The business of an Insurance Agent

(f)   Shipping business

3,000 00

1,000 00

(g)   The business of Shipping Agency

500 00

200 00

2,000 00

1,000 00

1,000 00

500 00

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