This Act was repealed on 2018-02-23 by Tanzania Shipping Agencies Act, 2017.
Tanzania Central Freight Bureau Act
Tanzania
Tanzania Central Freight Bureau Act
Chapter 177
- Published in Tanzania Government Gazette
- Commenced on 1 October 1982
- [This is the version of this document at 31 July 2002.]
- [Note: This legislation was revised and consolidated as at 31 July 2002 and 30 November 2019 by 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. All subsequent amendments have been researched and applied by Laws.Africa for TANZLII.]
- [Repealed by Tanzania Shipping Agencies Act, 2017 (Act 14 of 2017) on 23 February 2018]
Part I – Preliminary provisions (ss 1-2)
1. Short title
This Act may be cited as the Tanzania Central Freight Bureau Act.2. Interpretation
In this Act, unless the context otherwise requires—"agent" means a person or body of persons employed as agents by the Bureau whether locally or outside Tanzania;"bill of lading" means a document which evidences a contract of carriage by sea and the taking over or loading of the goods by the carrier, by which a carrier undertakes to deliver the goods against the surrender of the document and the provision in the document that the goods are to be delivered to the order of the named person or to bearer, constitutes such undertaking;"Board" means the Board of Directors of the Tanzania Central Freight Bureau established under section 7;"Bureau" means the Tanzania Central Freight Bureau established by section 3;"consignee" means a person entitled to take delivery of the goods;"contract of carriage by sea" means any contract whereby the carrier undertakes against payment of freight to carry goods by sea from one port to another and includes carriage by sea in consideration of which such shipper agrees to ship goods exclusively in ship owned by such owner;"contract rate" means a lower freight rate agreed to between a shipper and a shipowner in respect of carriage of goods by sea in consideration of which such shipper agrees to ship goods exclusively in ships owned by such owner;"Director-General" means the Director-General of the Tanzania Central Freight Bureau appointed under section 8;"freight" means charge for transporting goods by ship;"freight rates" include contract rates, general rates and promotional rates;"goods" includes live animals and such articles of transport or packaging if supplied by the shipper;"loyalty agreement" means an agreement or arrangement between Liner Conferences and shippers or their agents whereby shippers in the United Republic confine the maritime transportation of all or part of their goods to a particular Liner Conference;"Minister" means the Minister responsible for shipping matters;"national vessels" include vessels owned either wholly by the Government of the United Republic, Government of Zanzibar, Tanzania private persons or vessels owned jointly between the Government of the United Republic or the Government of Zanzibar and other persons whether local or foreign;"promotional freight rate" means a rate for the carriage of non-traditional exports;"shipper" means any person by whom or in whose name or on whose behalf a contract of carriage of goods by sea has been concluded with a carrier, or any person by whom or on whose behalf the goods are actually delivered to the carrier in relation to the contract of carriage by sea;"Special Shipping Fund" means a fund established by the Board under section 13.Part II – The Tanzania Central Freight Bureau (ss 3-6)
3. Establishment of the Bureau
4. Functions of the Bureau
The functions of the Bureau shall be—5. Powers of the Bureau
The Bureau shall, in the exercise of its functions, have the power to—6. Objectives
In discharging the functions and powers imposed by sections 4 and 5, the Bureau shall have regard to–Part III – Administration (ss 7-9)
7. The Board of the Bureau
8. Director-General
The President shall appoint, upon such terms and conditions as he may specify, a Director-General who shall be the chief executive officer of the Bureau.[s.6]9. Appointment of employees
The Board may from time to time appoint such number of other employees of the Bureau as it may deem necessary for the proper and efficient conduct of the business and activities of the Bureau.Part IV – Financial provisions (ss 10-17)
10. Funds and resources of the Bureau
The funds and resources of the Bureau shall consist of—11. Investment
With the prior approval of the Minister the Board may, from time to time, invest any part of the moneys available in any fund in investments authorised by the Trustees Investments Act 1, for investment of any trust fund.[s.9]12. Power to borrow
With prior approval of the Minister the Board may, from time to time, borrow moneys for the purposes of the Bureau by way of loan or overdraft, and upon such security and such terms and conditions relating to repayment of the principal and payment of interest subject to any direction by the Minister, as the Board may consider fit.[s. 10]13. Special Shipping Fund
14. Annual and supplementary budget
15. Accounts and audit
16. Annual statement of accounts and report to be submitted to the Minister
The Board shall, within six months after the close of the financial year, cause to be prepared and submitted to the Minister a report dealing generally with the activities and operations of the Bureau during that year and accompanied by—17. Annual statement and report to be laid before the National Assembly
The Minister shall, as soon as practicable and, in any case not later than twelve months after the close of a financial year, lay before the National Assembly the following documents in relation to that financial year–Part V – Miscellaneous provisions (ss 18-25)
18. Remuneration of members of the Board
19. Delegation of powers by the Board
20. Liabilities of members of the Board, etc.
Without prejudice to the provisions of section 284A of the Penal Code 3 or the Public Officers (Recovery of Debts) Act 4, no act or thing done or omitted to be done by any person who is a member of the Board or employee or agent of the Bureau shall, if done or omitted bona fide in the execution or purported execution of his duties as the member of the Board or employee or agent of the Bureau, subject that person to any action, liability or demand of any kind.[s. 18]21. Restriction, etc., on loyalty agreements and Bureau's sole right to book cargo
22. Board to fix charges and commissions and the recovery of moneys owed by way of charges and commissions
23. Offences and penalties
24. Offences for which a penalty is not specifically provided in the Act
Any person who commits an offence under this Act, for which a penalty is not specifically provided elsewhere in this Act, shall be liable on conviction to a fine not exceeding one hundred thousand shillings.[s. 22]25. Orders and regulations
History of this document
23 February 2018
Repealed by
Tanzania Shipping Agencies Act, 2017
31 July 2002 this version
Consolidation
01 October 1982
Commenced
Cited documents 3
Act 3
1. | Public Officers (Recovery of Debts) Act | 49 citations |
2. | Tanzania Audit Corporation Act | 48 citations |
3. | Trustee Investments Act | 45 citations |
Documents citing this one 6
Gazette 5
Act 1
1. | Surface and Marine Transport Regulatory Authority Act | 12 citations |
Subsidiary legislation
Title
|
|
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Tanzania Central Freight Bureau Regulations, 2000 | Government Notice 188 of 2000 |
Tanzania Central Freight Bureau Regulations, 1985 | Government Notice 110 of 1985 |
Tanzania Central Freight Bureau (Fees and Charges) Notice, 2000 | Government Notice 214 of 2000 |
Tanzania Central Freight Bureau (Specification of Freight and Routes) Order, 1983 | Government Notice 44 of 1983 |