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Administrator-General Rules, 1921

Government Notice 142 of 1921

Administrator-General Rules, 1921
Citation
Government Notice 142 of 1921
Primary work
Administrator-General (Powers and Functions) Act
Date
31 July 2002
Language
English
Type
Government Notice
Collections
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Tanzania
Administrator-General (Powers and Functions) Act

Administrator-General Rules, 1921

Government Notice 142 of 1921

  • Published in Tanzania Government Gazette
  • Commenced
  • [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.]
[section 55; G.Ns. Nos. 142 of 1921; 26 of 1929; 129 of 1932; 349 of 1942; 243 of 1954; 114 of 1992; 244 of 1997]

1. Short title

These Rules may be cited as the Administrator-General Rules.

2. Conversion into money

The Administrator-General shall, so far as may be necessary, convert into money all movable property of the estate, regard being had to any sentimental or personal associations of any of the assets, and may convert into money all or any part of the immovable property of the estate.

3. Notices to be given by Administrator-General

(1)Notice of the intention of the Administrator-General to apply for a grant of letters of administration and all notices by the Administrator-General for executors, next-of-kin, debtors or creditors shall be in like form to the notices given by the court in an administration suit and shall be published in the Gazette, and in such other papers as the Administrator-General may deem expedient and the administrative officer concerned shall cause for the notice to be posted in a conspicuous place at the office of the administrative officer for fourteen days and to be served personally or on an agent, or by registered post as the case may be:Provided that one or more estates may be included in the same notice.
(2)In all notices under section 28 a period of at least thirty days from the date of the Gazette in which such notice is published shall be allowed for sending in claims.
(3)A return by the administrative officer to the Administrator-General shall be sufficient evidence of such service.
(4)Notwithstanding anything in subrule (1), the Administrator-General may take immediate action, if in his opinion, such a course is necessary to protect the estate.

4. Applications to Administrator-General

All applications to the Administrator-General, other than for inspection of documents, shall be made through the administrative officer of the district, who shall carry out the instructions of the Administrator-General.

5. Reports to Administrator-General

Reports by administrative officers to the Administrator-General under section 5 of the Act shall contain the particulars set out in the Schedule to these Rules, so far as the particulars can be ascertained.

6. Agents to give bonds

Every agent appointed by the Administrator-General shall enter into a bond with or without a surety or sureties as the Administrator-General may require for double the amount of the estimated value of the assets.

7. Fees to be paid by Administrator-General

All court and other Government fees shall be paid by the Administrator-General as and when there are assets in the hands of the Administrator-General, in respect of the estate involved, which are sufficient to pay the fees notwithstanding any rules of court or anything to the contrary.

8. Fees to be charged by Administrator-General

(1)The Administrator-General shall charge for the administration of an estate including assets administered under section 6, and in addition to expenses connected with such administration, a fee calculated in accordance with the following scale upon the amount or value of the assets collected or a fee of Shs. 300/-, whichever is the greater—
Amount or value of assetsRate
Upon the first £500 or any part of it7%
Upon the next £500 or any part of it6%
Upon the next £3,000 or any part of it5%
Upon the next £3,000 or any part of it4%
Upon the next £3,300 or any part of it3%
and upon the amount or value exceeding £10,0002%
Provided that no fee shall be payable upon the amount of—
(a)any gratuity paid or payable upon the death of the deceased under the provisions, as amended from time to time, of section 17 of the European Officers' Pensions Ordinance, or of section 17 of the Junior Officers' Pensions Ordinance; and
(b)any gratuity paid or payable upon the death of the deceased under the of provisions, as amended from time to time, of section 16 of the Pensions Act of the East Africa High Commission 1.1Cap. 9 E.A.H.C.
(2)In the case of an estate administered under the Imperial Regimental Debts Act, 1893 2, the rate shall be 3 per centum upon the amount of value of the assets collected.256 & 57 Vict., c.5
(3)The Administrator-General shall charge the following fees 31—3Fees omitted: Subject to variation.
(a)for inspection of the records—
(i)where reference numbers are supplied
(ii)where no reference numbers are supplied
(b)for copies of documents—
(i)for the first folio of 100 words or part thereof
(ii)for every folio or part thereof after the first folio
(c)uncertified—
(i)for the first folio of 100 words or part thereof
(ii)for every folio or part thereof after the first folio.

9. Remission of fees by Administrator-General

Where it appears to the Administrator-General that the circumstances of an estate being administered by the Administrator-General make the administration of the estate exceptionally simple or are otherwise of an exceptional character justifying this course, the Administrator-General may remit any part not exceeding three-quarters of the prescribed fees and in every such case the reasons for doing so shall be recorded and a report made in the Administrator-General's annual statement.

10. Fees, how to be dealt with

The fees and costs collected by the Administrator-General under these Rules shall, after deducting any expenses, be paid or transferred to the account of the Treasury and any petty indivisible balances left over on closing of an estate, shall be dealt with in the same manner.

11. Grant under s. 15

When an application is made by the Administrator-General for a grant under section 15, with regard to the estate of a deceased European officer, the Administrator-General shall not be bound to give fourteen days notice of his intention to apply to the court for the same, nor shall he be bound to advertise such notice in the Gazette as he would otherwise be required to do.

12. Bank

The National Bank of Commerce is hereby prescribed as the bank with which the Administrator-General's account shall be kept.

13. Deposit of valuables and securities

(1)The Administrator-General may deposit all valuables and securities received, with the National Bank of Commerce.
(2)All securities lodged under this rule may be withdrawn on requisition signed by the Administrator-General.

Schedule (Rule 5)

Particulars

1.Name of deceased.
2.Date and cause of death.
3.Place of last known residence.
4.Whether intestate or reason why executors do not act.
5.Religion and race of deceased.
6.Any local custom as to division of inheritance.
7.Names and addresses of relatives, stating relationship.
8.Any special wishes with regard to assets.
9.Name and address of suitable agent willing to act.
10.Date when information was first received.

Schedule of assets

Part I – Immovable

DescriptionApproximate value
  

Part II – Movable

DescriptionApproximate value
  

Schedule of creditors

NameAddressAmountSecurity (if any)
    
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History of this document

31 July 2002 this version
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