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- Is commenced by Air Tanzania Corporation (Re-Oraganization and Vesting of Assets and Liabilities) Act (Date of Commencement) Notice, 2004
- Is commenced by Air Tanzania Corporation (Re-organization and Vesting of Assets and Liabilities Act, 2002) (Date of Commencement) Notice, 2002
- Amends Tanzania Licensing of Air Services Regulations, 1986
Tanzania
Air Tanzania Corporation (Re-Organisation and Vesting of Assets and Liabilities) Act
Chapter 205
- Published in Tanzania Government Gazette
- There are multiple commencements
- [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.]
Provisions | Status |
---|---|
Part I (section 1–3); Part II (section 4–9); Part III (section 10–18); Part IV (section 19–28) | commenced on 1 November 2002 by Government Notice 516 of 2002. |
Part V (section 29) | commenced on 1 November 2002 by Government Notice 173 of 2004. |
Part I – Preliminary provisions (ss 1-3)
1. Short title
This Act may be cited as the Air Tanzania Corporation (Reorganisation and Vesting of Assets and Liabilities) Act.2. Commencement
3. Interpretation
In this Act, unless the context otherwise requires—"Air Tanzania Company Limited" means the Company incorporated pursuant to subsection (1) of section 4;"air transport services" means either or both the business of carriage of passengers and cargo between points within Tanzania and between points in Tanzania and other countries;"ATC Order" means the Air Tanzania Corporation (Establishment) Order1;"chose in action" means a claim or debt upon which a recovery may be made in a law suit;"Corporation" means the Air Tanzania Holding Corporation established by subsection (1) of section 10;"effective date" means the date on which the Company commences business;"former Corporation" means Air Tanzania Corporation, Corporation specified by the Public Corporations (Specified Corporations Declaration) Order, 1997;"Licensing Regulations" means in relation to subsection (4) of section 4, the Tanzania Licensing of Air Services Regulations,2 made under section 10 of the Civil Aviation Act3;"Minister" means the Minister responsible for civil aviation;"property" includes any chose in action but excludes any property not used by the Corporation to provide air transport services;"vesting date" means the date or dates on which the Minister has specified by order that assets, rights and liabilities be transferred from ATC and vest in the ATC Holding Corporation and Air Tanzania Company Limited, respectively:Provided that, such order shall be issued prior to the date of completion of the share sale agreement between Air Tanzania Company Limited and the strategic investor.Part II – Incorporation of Air Tanzania Company Limited (ss 4-9)
4. Incorporation of Air Tanzania Company Ltd.
5. Objects
The principal objects of the Company shall be stated in its Memorandum and Articles of Association which shall include the following—6. Memorandum and Articles of Association
7. Authorised capital
8. Power to operate air transport services
The Company shall have all necessary and ancillary powers to operate air transport services, and no cause of action shall be effective to prevent or diminish the exercise of those powers.9. Accounts and audit
Part III – Establishment of Air Tanzania Holding Corporation (ss 10-18)
10. Establishment of ATHCO
11. Functions
12. Tenure of office
13. Management
14. Accounts and performance records
The Board shall ensure that, proper accounts and performance records are kept in relation to the revenue and expenditure of the Corporation and shall ensure that within six months of the end of each accounting year of the Corporation, or such longer period as the Minister may allow in any particular case, a statement of account of the Corporation is prepared in accordance with the accepted accounting principles and audited by qualified accountants.15. Remuneration
16. Affixing of seal
17. Meetings and quorum
18. Sources of funds
Sources of funds for the Corporation shall consist of such sums of money as may be—Part IV – Transfer schemes (ss 19-28)
19. Minister's power to transfer property, rights and obligations
20. Issuance of certificate in respect of contract or commitment
21. Transfer Orders
22. Certificates
23. Transfer of staff and their rights
24. Outstanding remuneration
25. Access to records of the Corporation
26. Protection of assets from execution or attachment
Notwithstanding anything to the contrary in any other law—27. Stamp duty and other taxes
No stamp duty or other tax shall be chargeable on any agreement, contract, conveyance, assignment, grant or other instrument of transfer giving effect to a delegation or subdelegation or in relation to a transfer of property, rights and obligations made under the provisions of this Act.28. Regulations
The Minister may make regulations for the better carrying out of the functions of the Corporation and, without prejudice to the generality of the foregoing, he may make regulations with respect to the quorum, proceedings and meetings of the Board, and with respect to the powers of the Management and the Board as to their respective limits of approving expenditure.Part V – Consequential revocation and amendments (s 29)
29. Amendment
[Amends the Tanzania Licensing of Air Services Regulations, 1986.]History of this document
31 July 2002 this version
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