Tanzania
Contractors Registration Act
Chapter 235
- Published in Tanzania Government Gazette
- Commenced on 1 August 1997
- [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 Contractors Registration Act.2. Interpretation
In this Act, unless the context requires otherwise—"Appeals Authority" means the Appeals Authority referred to in section 19;"Board" means the Contractors Registration Board established under section 3;"contractor" means either:(a)any person who for reward or other valuable consideration undertakes the construction, installation or erection, for any other person, of any structure situate below, on or above the ground or other work connected therewith or the execution, for any other person, of any alteration or otherwise to any structure or other work connected therewith, where such person undertakes to do any such work—(i)himself supplies the material necessary for the work or is authorised to exercise control over the type, quality or the use of material supplied by any other person;(ii)himself supplies the labour necessary for the work or is authorized on behalf of the person for whom the work is undertaken or any other person, to employ or select for employment workmen to assist him in the execution of the work; or(b)any person who himself as a developer or investor, undertakes the construction, erection, installation or alteration of any structure, for public use or otherwise, situate below, on or above the ground or other work connected therewith or the execution of any alteration or otherwise to any structure, for public use or otherwise, or other work connected therewith, where such person undertaking to do any such work—(i)himself supplies the labour necessary for the work or is authorized to exercise control over the type, quality or the use of material supplied by any other person; or(ii)himself is authorised on behalf of the person for whom the work is undertaken or any other person, to employ or select for employment workmen to assist him in the execution of the work:Provided that a person shall be deemed not to be a contractor for the purposes of this Act if he at no time undertakes or holds himself out as willing to undertake any work the cost of construction, erection, installation, alteration or completion of which does not exceed such a sum as shall be determined by the Board from time to time for different disciplines of the construction industry; or undertakes or holds himself out as willing to undertake construction of a residential house for his own family (not for public use), which does not require an input of structural design;"certificate of compliance" means a certificate of compliance issued by the Registrar of Companies;"foreign" in relation to a firm or company means a firm or company registrable under Part XII of the Companies Ordinance whose majority shares are owned by non-citizens;"local" in relation to a natural person, means a citizen of the United Republic, and in relation to a firm means a contracting firm or company incorporated in Tanzania whose majority shares are owned by the citizens of the United Republic;"member" in relation to the Board or the Appeals Authority includes the Chairman and the Vice-Chairman;"Minister" means the Minister responsible for Works;"person" means a natural person, body of persons whether corporate or unincorporate;"Register" means the Register of Contractors maintained by the Board in accordance with the provisions of this Act;"registered" in relation to any contractor means a contractor whose name is entered in the relevant register;"Registrar" means the Registrar appointed in accordance with the provisions of section 6.Part II – The Board (ss 3-6)
3. Establishment of the Board
4. Functions of the Board
Subject to the provisions of this Act and regulations made under it, the functions of the Board shall be to—5. Limitation of liability
A member of the Board shall not be personally liable for any act or default of the Board done or omitted in good faith in the course of carrying out the responsibilities and functions of, or exercising the power conferred upon him by the Board.6. Appointment of Registrar
Part III – Registration (ss 7-12)
7. Registers of contractors
8. Publication of registers and lists
9. Publication prima facie evidence of registration
10. Qualifications for registration of contractors
11. Temporary registration
12. Restriction on registration of non-foreign firms
Part IV – Cancellation and suspension of registration (ss 13-20)
13. Power to cancel registration
14. Restoration to the Register
15. Powers to suspend registration, etc.
16. Proceedings at an inquiry
17. Disobedience to summons and refusal to give evidence
18. Appeals against decision of Board
19. Appeals Authority
The Appeals Authority shall consist of—20. Rules regulating proceedings before the Appeals Authority
Part V – Restriction on trading as contractor (ss 21-24)
21. Use of description "registered" and effect of registration
Every contractor whose name has been entered in the register shall, so long as his name remains in the register, be entitled to adopt and use the style and title "Registered Contractor" or such contraction thereof as the Board may approve, and to offer his services to the public for valuable consideration or reward or by way of trade, as a registered contractor.22. Restrictions on carrying on business as contractor
23. Bodies of persons operating as contractors
24. Definition of "carrying on business" or "trading as contractor"
For the purposes of this Act a person shall be deemed to be carrying on business or trading as a contractor if he, for valuable consideration or reward, offers or renders his services as contractor, to another person, whether such services are offered or rendered under a labour contract, contract of service, a contract for services or otherwise.Part VI – Activities of the Board and financial provisions (ss 25-31)
25. Board may delegate its functions
The Board may delegate its functions under this Act to any officer or committee of the Board.26. Accounts and audit
27. Registrar's report
The Registrar shall, at the end of each financial year, prepare a report on the activities of the Board during that financial year and submit that report to the Minister.28. Funds of the Board
The funds and resources of the Board shall consist of—29. Power to invest
The Board shall have power to invest its funds in such investments as are authorized by, and subject to such conditions as are prescribed by, the Trustee Investments Act2, in relation to investments of funds by a trustee.30. Annual statement of accounts and Registrar's report to be laid before the National Assembly
The Minister shall cause to be laid before the National Assembly, as soon as may be practicable after he has received—31. Minister may give directions
The Minister may, by writing under his hand, give the Board directions of a general or specific nature and the Board shall comply with every such direction.Part VII – General provisions (ss 32-38)
32. Offences
Any person who—33. Profits
34. Regulations by the Minister
Subject to the provisions of section 35 the Minister may make regulations generally for the better carrying out of the provisions of this Act and any such regulations may, without prejudice to the generality of the foregoing, provide for—35. By-laws
36. Proceedings of the Board not to be invalid by reason of irregularity
No act or proceeding of the Board shall be invalid by reason only of the number of the members not being complete at the time of such act, or proceedings, or of any defect in the appointment of any member, or of the fact that any member was at the time in question disqualified or disentitled to act as such.37. ***
[Repeal of Act No. 35 of 1972][Repeals the Architects, Quantity Surveyors and Building Contractors (Registration) Act with provision for the making of transitional provisions.]38. Savings
History of this document
31 July 2002 this version
Consolidation
01 August 1997
Commenced