Tanzania
Tanganyika Higher Education Trust Fund Act
Chapter 313
- Published in Tanzania Government Gazette
- Commenced on 24 February 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 Tanganyika Higher Education Trust Fund Act.2. Interpretation
In this Act, unless the context requires otherwise—"Board" means the Tanganyika Higher Education Trust Fund Board of Trustees established under section 3;"chairman" means the chairman of the Board appointed under the provisions of section 4 and includes the deputy chairman;"Fund" means the Tanganyika Higher Education Trust Fund established under section 11;"higher education" means education normally provided by a university, university college, technical college, or other educational institution providing facilities for higher academic, scientific, technological, professional or vocational training, or research;"member" means a member of the Board appointed under section 4 and includes a temporary member appointed under section 6;"property" means property of every description, movable or immovable;"secretary" means the secretary of the Board appointed under section 9;"treasurer" means a person appointed as treasurer of the Board under section 9.3. Establishment of Board of Trustees
There shall be established a Board of Trustees to be known as the Tanganyika Higher Education Trust Fund Board of Trustees which shall—4. Constitution of Board
5. Tenure and vacation of office
6. Power to appoint temporary members
If during any period any member is unable owing to his absence from the United Republic or to illness or to any other cause to perform his duties the President may appoint a temporary member to perform the duties of that member for the period during which he is so disabled.7. Vacancy among members not to invalidate proceedings
The validity of the proceedings and acts of the Board shall not be affected by any vacancy amongst its members or by any defect in the appointment of a member.8. Procedure
9. Appointment of Secretary and other staff to the Board and emoluments
10. No personal liability to attach to members
No personal liability shall attach to any member in respect of anything done or suffered in good faith and without negligence under the provisions of this Act.11. Establishment of Fund
12. Object of Fund
The objects and purposes to which the Fund shall be devoted are as follows—13. Power of Board to receive gifts
14. Restriction on acceptance of property
15. Power to invest
16. Power to retain investment which has ceased to be authorised
The Board may in its discretion continue to hold an investment which has for any reason ceased to be an investment authorised under section 15.17. Power to manage land
The Board may lease (including the creation of sub-rights of occupancy) and make any other disposition over land retained pursuant to subsections (5) and (6) of section 3 or purchased under section 15 on any terms and conditions which it may consider appropriate, and may otherwise manage that land in any manner which it deems fit:Provided that in the case of land granted to the Board by the President under the provisions of section 23 no disposition (except by way of a scheme pursuant to section 19) may be made over in favour of any person other than the President without the prior consent in writing of the President and any consent may only be given by the President to a disposition which, if that land had been public land, could be made over by the President under the provisions of the Land Act (other than section 20); and upon the making of that disposition, if the term created thereby exceeds a period of thirty-three years, then the whole of the reversionary interest (if any) in that land shall immediately vest in the President without compensation and without further assurance.18. Board to give effect to donor's instructions
19. Board to prepare schemes
20. Scheme to be submitted to President for approval
21. Power to organise the raising of funds
22. Land required by Board to be deemed public purpose
Notwithstanding anything contained in section 2 of the Land Acquisition Act 1 or section 49 of the Land Act 2, but without prejudice to their provisions, any land required by the Government for the purpose of vesting the same in the Board under this Act in order that the land so vested shall be used as a site for the erection of an institution for higher education or for the provision of amenities or facilities incident to that institution shall be deemed to be land required for a public purpose within the meaning of those provisions.23. Power to make grants of public land
Notwithstanding anything contained in the Land Act 3, the President may make grants to the Board of public land for any estate which he may deem fit.24. Expenses to be met from rents, interest, etc.
25. Accounts and audit
26. Report of the Board
The Board shall as soon as possible after the end of each financial year of the board prepare a full report on the performance by it of its functions during that financial year and one copy of that report together with a copy of the audited accounts shall be laid before the National Assembly.27. Representation by Attorney-General
In any proceedings brought by or against the Board, the Attorney-General or his representative may intervene or represent the Board.28. Exemption from stamp duty
No stamp duty shall be chargeable under the Stamp Duty Act 4 in respect of any instrument (within the meaning of that Act) executed by, or on behalf of, or in favour of, the Board in cases where, but for this exemption, the Board would be liable to pay the stamp duty chargeable in respect of that instrument.29. Winding up of Fund and expiration
30. Regulations
The President may make regulations for the better carrying out of the purposes and provisions of this Act and, in particular, but without prejudice to the generality of the foregoing, may make regulations regulating the proceedings of the Board, the proof of documents purporting to be executed, issued or signed by the chairman or secretary, or treasurer, the preparation of schemes, the winding-up of the fund and other assets vested in the Board and the distribution of the proceeds thereof.31. Reservation to the Republic
Nothing in this Act shall affect or be deemed to affect the rights of the United Republic, or of any bodies politic or corporate or other person or persons except such as are mentioned or referred to in this Act, and those claiming by, from, through or under them.History of this document
31 July 2002 this version
Consolidation
24 February 1956
Commenced
Cited documents 3
Legislation 3
1. | Land Act | 1268 citations |
2. | Stamp Duty Act | 129 citations |
3. | Land Acquisition Act | 78 citations |