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State Mining Corporation (Establishment) Order, 1972

Government Notice 163 of 1972

State Mining Corporation (Establishment) Order, 1972
Citation
Government Notice 163 of 1972
Primary work
Public Corporations Act
Date
31 July 2002
Language
English
Type
Government Notice
Collections
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Tanzania
Public Corporations Act

State Mining Corporation (Establishment) Order, 1972

Government Notice 163 of 1972

  • 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.]
[Sections 3, 5 and 10]

1. Citation

This Order may be cited as the State Mining Corporation (Establishment) Order.

2. Interpretation

In this Order, unless the context otherwise requires—"Act" means the Public Corporation Act1;1Cap. 257"Board" means the Board of Directors provided for in paragraph 6;"Corporation" means the State Mining Corporation established by this Order;"to mine" means to engage in any act, operation of process of, connected with or incidental to, the mining, extraction or treatment of any minerals; and"mine" means any piece of land, place, building or structure, whether over or under the surface of the earth, on which or in which any mining operation is carried on;"mineral" means any mineral substance and includes metals, precious metals, precious stone, semi-precious stone, salt and any other mineral whatsoever;"Minister" means the Minister responsible for mineral resources;"precious metals" means gold, silver or any other metal of the platinoid group;"precious stone" means diamond, ruby, emerald, opal, sapphire, turquoise, tanzanite and any other gemstone or stone commonly falling within the group of precious stones.

3. Corporation

There is hereby established a Corporation to be known as the State Mining Corporation.

4. Functions

(1)The functions of the Corporation shall be—
(a)to carry on the business of prospectors, miners, producers, refiners, graders, cutters, storers, suppliers, buyers, sellers and distributors of minerals;
(b)to conduct or engage in mineral prospecting and mining operations including exploration, testing, appraisal, extraction, producing, treatment, processing, grading, cutting, storing, transportation and any other activities relating thereto (including buying, selling and marketing of minerals) as the Board may, from time to time, decide;
(c)to acquire by agreement and hold interests in any undertaking, enterprise or project associated with the exploration, prospecting and mining of minerals and for those purposes to obtain, exercise, carry out and use any mining lease, licence, concession, franchise, authority, power, right or privilege which any government, public body or other authority may be empowered to grant;
(d)to acquire shares or interest in any firm, company or other body of persons, whether corporate or unincorporated, engaged in mining of, or in prospecting, refining, grading, producing, cutting, processing, buying or selling or marketing of minerals;
(e)to manage the affairs of any corporation, company, firm or other body the interests of which are transferred to or acquired by the Corporation under the provisions of the Act, this Order or otherwise;
(f)to carry on its business, operations and activities either within Tanzania or elsewhere, whether as principal, agent, contractor or otherwise, and either alone or in conjunction with any other persons, firms or bodies corporate;
(g)to do all other acts and things which may be necessary to uphold and support the credit of the Corporation and to obtain and justify public confidence, and to avert or minimise any loss to the Corporation;
(h)to do any thing or enter into any transaction which, in the opinion of the Board, is calculated to facilitate the proper and efficient carrying on of its activities and the proper performance of its functions as specified in this paragraph.

5. Authorised capital of the Corporation

(1)The authorised nominal capital of the Corporation shall be one hundred million shillings divided into ten thousand shares having a par value of ten thousand shillings each.
(2)The initial paid up capital of the corporation shall be sixty-five million shillings which shall be raised by the issue of six thousand and five hundred fully paid up shares allotted to the United Republic.
(3)No person other than the United Republic shall be entitled to hold any share in the Corporation.
(4)Payment for any further share or shares issued by the corporation and allotted to the United Republic shall be made in the manner which the Minister, after consultation with the Board and the Minister for the time being responsible for finance, may decide.

6. Management vested in Board of Directors

(1)The management of the Corporation is hereby vested in a Board of Directors.
(2)The Board shall consist of—
(a)a Chairman who shall be appointed by the President;
(b)any other members, being not less than seven nor more than eleven, whom the Minister may appoint.
(3)The President shall appoint a General Manager who shall be the chief executive officer of the Corporation and shall be responsible to the Board for the management of the affairs of the Corporation.
(4)The terms of employment of the General Manager shall be determined by the President.
(5)The Board may from time to time appoint, on the terms and conditions which it thinks fit, any other officers and servants of the Corporation who may be necessary for conducting the business of the Corporation.
(6)The chairman and other members of the Board shall be entitled to the allowances and at the rates which the Minister may from time to time prescribe.
(7)The Minister may make regulations with respect to—
(a)the appointment of and the tenure and vacation of office by the members of the Board;
(b)the appointment of a Vice-Chairman or a temporary Chairman;
(c)the quorum, proceedings and meetings of the Board and determinations of the Board.
(8)Subject to the provisions of any regulations made under subparagraph (6) the Board shall have power to regulate its own procedure.

7. Salaries etc. to be paid out of Corporation's Fund

All salaries, fees and any other allowances payable to the Chairman, a member of the Board, the General Manager and other officers and servants of the Corporation, shall be paid out of the funds of the Corporation.

8. The seal of the Corporation

(1)The seal of the Corporation shall be affixed by the Chairman, the Vice-Chairman or the General Manager and the person affixing the seal shall sign the document in witness thereof.
(2)All contracts, guarantees, agreements, bonds, authorities, mortgages, charges, bills of exchange, promissory notes, bank drafts, letter of credit, securities and any other instruments to which the Corporation is a party, shall be executed on behalf of the Corporation by—
(a)the Chairman, the Vice-Chairman or the General Manager;
(b)any other person or persons who may be authorised by the Board in that behalf:
Provided that the Chairman may, in writing, delegate his function under this subparagraph to any officer of the Corporation.

9. Board may act notwithstanding vacancy

Subject to the provisions of any regulations relating to quorum made under subparagraph (7) of paragraph 6 the Board may act notwithstanding any vacancy in its membership and no act or proceeding of the Board shall be invalid by reason only of some defect in the appointment of a member of a person who purports to be a member or, where the regulations provide for the appointment of an alternate member, in the appointment of that alternate member or a person who purports to be the alternate member.

10. Borrowing power of the Corporation

The Corporation may from time to time borrow such sums of money as it may require to meet any of its obligation or for the purposes of its business or of the business of any of its subsidiary company, and may give such security for any loan which it may deem fit.

11. Delegation

(1)[Superseded by section 7 of R.E. Cap. 257.]
(2)The Minister is hereby designated as the Minister for the purposes of the provisions of section 35 of the Act which relates to the accounts of the Corporation.
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History of this document

31 July 2002 this version
Consolidation

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Act 1
1. Public Corporations Act 127 citations

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