Tanzania
Deeds of Arrangement Act
Chapter 26
- Published in Tanzania Government Gazette
- Commenced on 25 February 1930
- [This is the version of this document at 31 July 2002.]
- [Note: This legislation has been thoroughly revised and consolidated under the supervision of the Attorney General's Office, in compliance with the Laws Revision Act No. 7 of 1994, the Revised Laws and Annual Revision Act (Chapter 356 (R.L.)), and the Interpretation of Laws and General Clauses Act No. 30 of 1972. This version is up-to-date as at 31st July 2002.]
Part I – Preliminary provisions (ss. 1-3)
1. Short title
This Act may be cited as the Deeds of Arrangement Act.2. Interpretation
3. Deeds of arrangement to which the Act applies
Part II – Avoidance of deeds of arrangement where statutory conditions not complied with (ss.4-5)
4. Avoidance of unregistered deeds of arrangement
A deed of arrangement shall be void unless it is registered with the registrar under this Act within seven clear days after the first execution thereof by the debtor or any creditor, or if it is first executed in any place out of the municipality of Dar es Salaam, then within seven days after the time at which it would, in the ordinary course of post, arrive in Dar es Salaam, if posted within one week after the first execution thereof, and unless it bears such ordinary and ad valorem stamp as is provided by this Act.5. Avoidance of deeds of arrangement unless assented to by a majority of the creditors
Part III – Registration of deeds of arrangement (ss. 6-11)
6. Appointment of registrar
The Minister responsible for legal affairs shall appoint a registrar to perform the duties and exercise the powers imposed and conferred by this Act, and may appoint any number of assistant registrars, who shall be subject to the directions of the registrar.7. Mode of registration
8. Form of register
The registrar shall keep a register wherein shall be entered, as soon as conveniently may be after the presentation of a deed for registration, an abstract of the contents of every deed of arrangement registered under this Act containing the following and any other prescribed particulars—9. Rectification of register
The High Court upon being satisfied that the omission to register a deed of arrangement within the time required by this Act or that the omission or misstatement of the name, residence or description of any person was accidental or due to inadvertence, or to some cause beyond the control of the debtor and not imputable to any negligence on his part, may, on the application of any party interested, and on such terms and conditions as are just and expedient, extend the time for registration, or order the omission or misstatement to be supplied or rectified by the insertion in the register of the true name, residence or description.10. Time for registration
Where the time for registering a deed of arrangement expires on a Sunday, or other day on which the registration office is closed, the registration shall be valid if made on the next following day on which the office is open.11. Inspection of register and registered deeds
Any person shall be entitled, at all reasonable times, to search the register on payment of one shilling, or such other fee as may be prescribed, and, subject to such regulations as may be prescribed, shall be entitled, at all reasonable times, to inspect, examine and make extracts from any registered deed of arrangement, without being required to make a written application or to specify any particulars in reference thereto, upon payment on one shilling, or such other fee as may be prescribed, for each deed of arrangement inspected:Part IV – Provisions as to trustees (ss. 12-23)
12. Security by trustee
13. Penalty on trustee acting when deed of arrangement becomes void
If a trustee acts under a deed of arrangement—14. Transmission of accounts to official receiver
15. Transmission of accounts to creditors
Every trustee under a deed of arrangement shall, at the expiration of six months from the date of the registration of the deed, and thereafter at the expiration of every subsequent period of six months until the estate has been finally wound up, send to each creditor who has assented to the deed a statement in the prescribed form of the trustee's accounts and of the proceedings under the deed down to the date of the statement, and shall, in his affidavit verifying his accounts transmitted to the official receiver, state whether or not he has duly sent such statements, and the dates on which the statements were sent; and, if a trustee fails to comply with any of the provisions of this section, the High Court may, for the purpose of enforcing those provisions, exercise on the application of the official receiver, all the powers conferred on the court by subsection (2) of section 100 of the Bankruptcy Act5 in cases of bankruptcy.16. Audit of accounts
17. Payment of undistributed moneys into court
At any time after the expiration of two years from the date of the registration of a deed of arrangement, the court having jurisdiction in bankruptcy in the district in which the debtor resided or carried on business at the date of the execution of the deed may, on the application of the trustee or creditor, or on the application of the debtor, order that all moneys representing unclaimed dividends and undistributed funds then in the hands of the trustee or under his control be paid into court or to the official receiver for the credit of the Bankruptcy Estates Accounts as the court shall deem fit.18. Preferential payment to creditor an offence
If a trustee under a deed of arrangement pays to any creditor out of the debtor's property a sum larger in proportion to the creditor's claim than that paid to other creditors entitled to the benefit of the deed then, the deed authorises him to do so, or unless such payments are either made to a creditor entitled to enforce his claim by distress or are such as would be lawful in a bankruptcy, he commits an offence.19. Power of High Court to appoint new trustee
20. Provisions for the protection of trustees under void deeds
21. Notice to creditors of avoidance of deed
When a deed of arrangement is avoid by virtue of this Act for any reason other than that, being for the benefit of creditors generally, it has not been registered within the time allowed for the purpose by this Act the trustee shall, as soon as practicable after he has become aware that the deed is void, give notice in writing thereof to each creditor whose name and address he knows, and file a copy of the notice with the registrar, and, if he fails so to do, he shall be liable on conviction by a competent court to a fine not exceeding four hundred shillings.22. Payment of expenses incurred by trustees
Where a deed of arrangement is avoided by reason of the bankruptcy of the debtor any expenses properly incurred by the trustees under the deed in the performance of any of the duties imposed on him by this Act shall be allowed or paid to him by the trustee in the bankruptcy as a first charge on the estate.23. Application of Part IV
The provisions of this Part of this Act, except such of those provisions—Part V – General provisions (ss. 24-28)
24. Courts in which applications for enforcement of trusts to be made
Any application by the trustee under a deed of arrangement, which either is expressed to be or is in fact for the benefit of the debtor's creditors generally, or by the debtor or by any creditor entitled to the benefit of such a deed of arrangement, or the enforcement of the trusts or the determination of questions under it, shall be made to the High Court.25. Relation to bankruptcy law
26. Office copies
Subject to the provisions of this Act, and to any rules made thereunder, any person shall be entitled to have an office copy of, or extract from, any deed registered under this Act upon paying the prescribed fees and any such copy or extract shall, in all courts and before all arbitrators or other persons, be admitted as prima facie evidence thereof, and of the fact and date of registration as shown thereon.27. Fees
There shall be taken, in respect of the registration of deeds of arrangement, and in respect of any copies or extracts, or official searches made by the registrar, such fees as may be from time to time prescribed; and nothing in this Act contained shall make it obligatory on the registrar to do, or permit to be done, any act in respect of which any fee is specified or prescribed, except on payment of such fee.28. Rules
The Chief Justice with the concurrence of the Minister responsible for legal affairs may make general rules for carrying into effect the objects of this Act.History of this document
31 July 2002 this version
Consolidation
25 February 1930
Commenced