Tanzania
Cashewnut Board of Tanzania Act
Chapter 203
- Published in Tanzania Government Gazette
- Commenced on 1 June 1985
- [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. 1-2)
1. Short title
This Act may be cited as the Cashewnut Board of Tanzania Act.2. Interpretation
Part II – The Cashewnut Board of Tanzania (ss. 3-8)
3. Establishment of Cashewnut Board of Tanzania
4. Functions of Board
5. Board may perform commercial function
Subject to the prior approval in writing by the Minister, the Board may perform any commercial function for a specified period as the Minister may consider expedient.[s. 4A]6. Minister may give directions and make disciplinary regulations
7. Funds of the Board and investment
8. Power to impose levy
Part III – Marketing and export of cashewnuts and kernels (ss. 9-11)
9. Restriction on export of kernels or cashewnuts
10. Compulsory marketing orders
11. ***
[Repealed by Act No. 11 of 1993 s. 39]Part IV – Administration and financial provisions (ss. 12-26)
12. Appointment of employees
13. Transfer of employees
14. Remuneration and allowances of members of Board of Directors
The members of the Board of Directors shall be entitled to receive such remuneration, allowances and other benefits as the Minister may direct.[s. 13]15. Superannuation benefits
The Board of Directors may—16. Agents and contractors
The Board of Directors may from time to time, appoint and employ upon such terms and conditions as it thinks fit such agents and contractors of the authority as it may deem necessary.[s. 15]17. Power of Board of Directors to delegate
18. Annual report on conduct of business
The Board of Directors shall, within six months after the end of each financial year, make a report to the Minister on the business conduct of its business during that year.[s. 17]19. Annual and supplementary budget
20. Accounts and audit
21. Board to have shares
22. Treasury Registrar to hold the shares on behalf of the Government
The shares vested in the Treasury Registrar by virtue of the provisions of this Act shall be held by the Treasury Registrar on behalf of the Government of the United Republic in accordance with the provisions of the Treasury Registrar (Powers and Function) Act3.[s. 20]23. Shares issued to Treasury
The shares vested in the Treasury Registrar by the operation of this Act shall be deemed to be fully paid up shares.[s. 21]24. Registrar to be deemed paid up fully
The Board shall, as soon as may be practicable after the vesting date and without any undue delay issue to the Treasury Registrar share certificates for the shares required by this Act to be vested in the Treasury Registrar.[s. 22]25. Reserve and special funds
The Board of Directors may, and shall, if so directed by the Minister, establish and maintain such reserve or special funds of the Board as the Board or the Minister may consider necessary or expedient, and shall make into or from any such fund such payments as the Board may deem fit or, in the case of a fund established pursuant to a direction by the Minister, as the Minister may direct.[s. 23]26. ***
[Repealed by Act No. 11 of 1993 s. 41]Part V – Miscellaneous provisions (ss. 27-30)
27. Protection from personal liability
Without prejudice to the provisions of section 284A of the Penal Code 4 or the provisions of the Public Officers (Recovery of Debts) Act5, no act or thing done or omitted to be done, by any member of the Board of Directors or by any officer, servant or agent of the Board shall, if done or omitted in good faith in the execution or purported execution of his duties as such member, officer, servant or agent, subject the Board or such person as aforesaid to any action, liability, claim or demand whatsoever.[s. 25]28. Powers of inspection, etc.
29. Regulations
30. Auctioneer's Act
The provisions of the Auctioneer's Act6 shall not apply to any sale by auction of any cashewnuts or kernels owned or in the possession of the Board where such auction is conducted by or on behalf of the Board.Part VI – Dissolution of the Cashewnut Authority of Tanzania and consequential provisions (ss. 31-37)
31. Construction
In this Part, unless the context otherwise requires—"Cashewnut Authority" means the Cashewnut Authority of Tanzania established by the Cashewnut Board of Tanzania Act.[s. 29]32. Transfer of assets and liabilities of Cashewnut Authority
Unless the Minister directs otherwise, with effect from the effective date all assets and liabilities of the Cashewnut Authority shall, by virtue of this section and without further assurance, vest in the Board and the Cashewnut Authority shall be deemed to have been dissolved.[s. 30]33. Effect of dissolution of Cashewnut Authority
34. Licences
Every licence issued to any person under the Cashewnut Industry Act 8, entitling him to deal in any manner in cashewnut shall, from the effective date, be deemed to have been revoked.[s. 32]35. Savings
Notwithstanding the repeal of the Cashewnut Industry Act—36. Transitional provisions
37. Penalty for offences
Any person guilty of an offence against this Act shall, unless some other punishment is prescribed therefor, be liable on conviction to a fine not exceeding one hundred thousand shillings or imprisonment for a term not exceeding three years, or to both such fine and imprisonment, and in addition to any such penalty the court may, where the offence committed relates to any quantity of cashewnuts or kernels, or any product thereof, order the same to be forfeited to the Board.History of this document
31 July 2002 this version
Consolidation
01 June 1985
Commenced
Cited documents 4
Legislation 4
1. | Auctioneers Act | 74 citations |
2. | Tanzania Audit Corporation Act | 31 citations |
3. | Severance Allowance Act | 14 citations |
4. | Treasury Registrar (Powers and Functions) Act | 4 citations |
Documents citing this one 2
Judgment 1
1. | Registered Trustees, Cashewnut Industry Development Fund vs Cashewnut Board of Tanzania (Civil Appeal 18 of 2001) [2006] TZCA 25 (1 December 2006) | 3 citations |
Legislation 1
1. | Production Development Funds Act | 2 citations |