Tanzania
Trustees' Incorporation Act
Chapter 318
- Published in Tanzania Government Gazette
- Commenced on 25 May 1956
- [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.]
1. Short title
This Act may be cited as the Trustees' Incorporation Act.2. Application for incorporation
3. Compulsory incorporation
Notwithstanding section 2, a trustee or trustees holding property in trust for any religious, educational, literary, scientific, social or charitable purposes who has not or have not been incorporated under any law or whose incorporation is not provided by any law, shall apply for incorporation under this Act.[s. 2A]4. Persons not eligible to take part in management or administration as trustee
5. Grant of certificate
6. Names of bodies corporate
7. Certificate to be evidence of compliance with requisitions
Subject to the provisions of section 23, a certificate of incorporation granted under section 5 shall be conclusive evidence that all the preliminary requisitions herein or in any rules made hereunder and required in respect of such incorporation have been complied with, and the date of incorporation mentioned in such certificate shall be deemed to be the date at which incorporation has taken place.[s. 5]8. Effect of incorporation
9. Property to vest in body corporate
The certificate of incorporation shall, subject to compliance with the Land Registration Act1 and of any law amending or replacing the Land Registration Act, vest in such body corporate all movable and immovable property of whatever nature or tenure, belonging to or held by the trustee or trustees or by any other person or persons in trust for the body or association of persons or under the trust instrument or declaration of trust, as the case may be, and upon incorporation any person or persons in whose name or names any stocks, funds or securities shall be standing in trust for the body or association of persons or under such trust instrument or declaration of trust, as the case may be, shall transfer the stocks, funds or securities into the name of such body corporate, and all covenants and conditions relating to any such immovable property enforceable by or against the trustee or trustees thereof before his or their incorporation shall be enforceable to the same extent and by the same means by or against the body corporate.[s. 7]10. Gifts to vest in body corporate
After the incorporation of any trustee or trustees under this Act, every donation, gift and disposition of land, or any interest therein, lawfully made (but not having actually taken effect) or thereafter lawfully made by deed, will or otherwise to or in favour of the body or association of persons by whom the trustees were appointed, if any, or the trustee or trustees, or otherwise for the purposes of the trust, shall take effect as if the same had been made to, or in favour of, the body corporate for the like purposes.[s. 8]11. Common seal
12. Deeds and contracts
13. Liability of trustees notwithstanding incorporation
All trustees incorporated under this Act shall, notwithstanding their incorporation, be chargeable for such property as shall come into their hands or which might by the exercise of due diligence have come into their hands and shall be answerable and accountable for their own acts, receipts, neglects and defaults, in the same manner and to the same extent as if no such incorporation had been effected.[s. 11]14. Registrar-General may investigate activities of trustee or trustees
15. Certain trustees to be resident in Tanzania
16. Nomination of trustees, filling of vacancies and return of trustees
17. Monitoring meetings of body corporates, and organisations
18. Postal address
Every body corporate created under this Act shall at all times have a postal address and any change of the postal address of the body corporate shall, within one month of the change taking place, be notified in writing to the Administrator-General by the body corporate.[s. 14]19. Notification of change of trust
Trustees incorporated under this Act shall within one month notify to the Administrator-General in the prescribed manner—20. Registrar-General may call for audited accounts
21. Persons responsible for supplying information
22. Discretion to publish information for the benefit of members
The Registrar General, where it appears to him to be in the interest of the members of a body corporate or organisation so to do, may, with the approval of the Minister take such steps as may be necessary to publish to such members or the members by advertisement in the Gazette, and in any local newspaper or in such other manner as he may think fit, any information furnished by or on behalf of such trustee or trustees as was reported to the Registrar General in pursuance to section 20 or section 21.[s. 15C]23. Revocation of incorporation
24. Registrar-General may revoke or suspend incorporation
25. Record of applications and documents to be kept and copies supplied
The Administrator-General shall, in such manner as he shall think fit, keep a record of all applications for and certificates of incorporation, and shall preserve all documents sent to him under the provisions of this Act, and any person may require a copy or extract of any such document to be certified under the hand of the Administrator-General or of such other person as he may appoint for that purpose.[s. 17]26. Application to decide question whether a person is a member of a corporate body or as to property
When any question arises as to whether a person is a member of a body corporate or as to the vesting or divesting of any property under the provisions of this Act, any person interested in such question may apply to the High Court for its opinion on such question and notice of hearing shall be given to such persons and in such manner as the court shall think fit, and any opinion given by the court on an application under this section shall be deemed to have the force of a declaratory decree.[s. 18]27. Appeals
Any person aggrieved by the refusal of the Administrator-General to grant a certificate of incorporation or to approve a change of name, or by any conditions or directions inserted in any certificate of incorporation, or by the revocation of the incorporation of any body corporate may within twenty-one days after the notification of such refusal, conditions or directions or revocation, as the case may be, appeal to the Minister responsible for legal affairs and the Minister may make such order as the circumstances may require and except as aforesaid no appeal shall lie against any such refusal, conditions or directions or revocation.[s. 19]28. Offences
29. Power to compound offences
Where in relation to any offence committed by any trust, organisation or other body under this Act the offender admits the offence and the penalty impossible for it would be a fine of any amount not exceeding five hundred thousand shillings the Registrar-General may, with the consent of the offender compound the offence by requiring the offender to pay the fine determined by the Registrar-General who shall then provide the offender with a valid receipt for the amount.[s. 20A]30. Exercise of power in relation to religious bodies
Notwithstanding the preceding provisions of this Act, the Registrar-General shall not exercise in relation to a religious body corporate or organisation any of the powers conferred upon him by sections 4, 14, 20, 21, 22 or 24 except after he has carried out consultations with the relevant supreme authority in Tanzania of the body or organisation concerned and in accordance with the statute, charter or instrument of that body corporate or organisation.[s. 20B]31. Rules
32. Repeal of R.L. Cap. 119 and saving
The Land (Perpetual Succession) Act is hereby repealed without prejudice, however, to the validity of any certificate of incorporation or the creation of any body corporate under that Act, and all certificates of incorporation issued under that Act and all bodies corporate created thereunder shall be deemed to be issued or created under this Act, and such bodies shall continue in existence accordingly.[s. 22]History of this document
31 July 2002 this version
Consolidation
25 May 1956
Commenced
Documents citing this one 2
Legislation 2
1. | Refugees Act, 1998 | 3 citations |
2. | Privatisation Trust Act | 1 citation |