CHAPTER 257
PUBLIC CORPORATIONS ACT

[SUBSIDIARY LEGISLATION]

INDEX TO SUBSIDIARY LEGISLATION

   NOTICES

      The Tanzania Ocean Shipping Corporation (Disposal of Assets and Liabilities) Notice

   ORDERS

      The National Agricultural and Food Corporation (Establishment) Order

      The National Development Corporation (Establishment) Order

      The Tanzania Petroleum Development Corporation (Establishment) Order

      The Public Corporations (Miscellaneous Transfer of Assets and Liabilities) Order

      The National Transport Corporation (Establishment) Order

      The Public Corporations (The National Development Corporation Act) (Repeal and Consequential Provisions) Order

      The Kibaha Education Center (Establishment) Order

      The Tanzania Wood Industry Corporation (Establishment) Order

      The Tanzania Legal Corporation (Establishment) Order

      The Public Corporations (Transfer of Shares In Rudewa Estates Limited to Tanzania Sisal Corporation) Order

      The State Mining Corporation (Establishment) Order

      The Public Corporations (Transfer of Assets) Order

      The Capital Development Authority (Establishment) Order

      The National Textile Corporation (Establishment) Order

      The Tanzania Fisheries Corporation (Establishment) Order

      The State Motor Corporation (Establishment) Order

      The National Institute for Productivity (Establishment) Order

      The Mzinga Corporation (Establishment) Order

      The Tanzania Wildlife Corporation (Establishment) Order

      The Uyole Agricultural Centre (Establishment) Order

      The Tanzania Saruji Corporation (Establishment) Order

      The Arusha International Conference Centre (Establishment) Order

      The Tanzania Leather Associated Industries (Establishment) Order

      The Tanzania Karatasi Associated Industries (Establishment) Order

      The National Chemical Industries (Establishment) Order

      The Mwananchi Engineering and Contracting Corporation (Establishment) Order

      The National Estates and Designing Corporation (Establishment) Order

      The Public Corporations (Declaration of Specified Public Corporations) Order

      The Tanzania Broadcasting Services (Taasisi Ya Utangazaji Tanzania - TUT) (Establishment) Order

   OMITTED ORDERS

   REGULATIONS

      The National Development Corporation (Board of Directors) Regulations

      The Tanzania Tourist Corporation (Board of Directors) Regulations

      The National Agricultural and Food Corporation (Board of Directors) Regulations

      The National Transport Corporation (Board of Directors) Regulations

      The Tanzania Legal Corporation (Board of Directors) Regulations

      The Tanzania Wood Industry Corporation (Board of Directors) Regulations

      The State Mining Corporation (Board of Directors) Regulations

      The Tanzania Fisheries Corporation (Board of Directors) Regulations

      The National Textile Corporation (Board of Directors) Regulations

      The State Motor Corporation (Board of Directors) Regulations

      The National Institute for Productivity (Board of Directors) Regulations

      The Sugar Development Corporation (Board of Directors) Regulations

      The Tanzania Petroleum Development Corporation (Board of Directors) Regulations

      The Tanzania Wildlife Corporation (Board of Directors) Regulations

      The Mwananchi Engineering and Contracting Corporation (Board of Directors) Regulations

      The National Estates and Designing Corporation (Board of Directors) Regulations

      The Air Tanzania Corporation (Board of Directors) Regulations

      The Tanzania Leather Associated Industries Regulations

NOTICES

THE TANZANIA OCEAN SHIPPING CORPORATION (DISPOSAL OF ASSETS AND LIABILITIES) NOTICE

(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

THE NATIONAL AGRICULTURAL AND FOOD CORPORATION (ESTABLISHMENT) ORDER

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.

THE NATIONAL DEVELOPMENT CORPORATION (ESTABLISHMENT) ORDER

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.

THE TANZANIA PETROLEUM DEVELOPMENT CORPORATION (ESTABLISHMENT) ORDER

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.

THE PUBLIC CORPORATIONS (MISCELLANEOUS TRANSFER OF ASSETS AND LIABILITIES) ORDER

[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.

THE NATIONAL TRANSPORT CORPORATION (ESTABLISHMENT) ORDER

(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.

THE PUBLIC CORPORATIONS (THE NATIONAL DEVELOPMENT CORPORATION ACT) (REPEAL AND CONSEQUENTIAL PROVISIONS) ORDER

[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.

THE KIBAHA EDUCATION CENTER (ESTABLISHMENT) ORDER

(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.

THE TANZANIA WOOD INDUSTRY CORPORATION (ESTABLISHMENT) ORDER

(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.

THE TANZANIA LEGAL CORPORATION (ESTABLISHMENT) ORDER

(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.]

THE PUBLIC CORPORATIONS (TRANSFER OF SHARES IN RUDEWA ESTATES LIMITED TO TANZANIA SISAL CORPORATION) ORDER

(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.

THE STATE MINING CORPORATION (ESTABLISHMENT) ORDER

(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.

THE PUBLIC CORPORATIONS (TRANSFER OF ASSETS) ORDER

(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.

THE CAPITAL DEVELOPMENT AUTHORITY (ESTABLISHMENT) ORDER

(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.

   (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;

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