Capital Development Authority (Establishment) Order, 1973

Government Notice 230 of 1973

Capital Development Authority (Establishment) Order, 1973

Citation: Government Notice 230 of 1973
Primary work: Public Corporations Act
Date: 31 July 2002
Language: English
Type: Government Notice

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Tanzania

Public Corporations Act

Capital Development Authority (Establishment) Order, 1973

Government Notice 230 of 1973

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, 6, 7 and 10; G.N.s Nos. 230 of 1973; 230 of 1984; 32 of 2001]

1. Citation

This Order may be cited as the Capital Development Authority (Establishment) Order.

2. Interpretation

In this Order, unless the context requires otherwise—"Authority" means the Capital Development Authority established by paragraph 3;"Board" means the Board of Directors provided for in paragraph 7;"Commission" means the Presidential Capital Development Commission established by paragraph 6.

3. Establishment of the Authority

There is established a public corporation to be known as the Capital Development Authority.

4. Functions of the Authority

The functions of the Authority shall be—

(a)to implement the decision to transfer the capital of Tanzania to Dodoma;

(b)to prepare plans for the development of Dodoma as the capital of Tanzania and submit the same to the President; and further to implement the plans approved by the President;

(c)to carry out and effect the necessary development of Dodoma so as to render the same suitable for the capital of Tanzania;

(d)to advise and assist the Government on an orderly transfer to Dodoma of various Government and other public officers;

(e)to acquire and hold, subject to the directions of the President, land and other immovable properties;

(f)to provide any service or facility which any Ministry, Department or Division of the Government, any public corporation or other parastatal institution, or any company, firm or other person may require for an orderly transfer of its business, activities and personnel to Dodoma;

(g)to do anything or to 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. Appointment of Director and staff

(1)The President shall appoint a Director-General who shall be the principal administrative, executive and co-ordinating officer of the Authority and shall be responsible to the Board.

(2)The Board may, subject to any general or specific directions given by the Commission, appoint from time to time and on such terms and conditions as it may deem fit, any officers and servants of the Authority whom the Board may think necessary for the carrying out of the functions of the Authority.

6. The Commission

(1)There is established a Commission, to be known as the Presidential Capital Development Commission, which, subject to the provisions of this Order, shall be responsible for the supervision and co-ordination of the transfer of the capital of Tanzania to Dodoma.

(2)The Commission shall consist of—

(a)	The Prime Minister	Chairman;
(b)	The Minister of State Prime Minister's office (Policy Issues)	Vice Chairman;
(c)	The Minister for Regional Administration and Local Government	Member;
(d)	The Minister for Works	Member;
(e)	The Minister for Water and Livestock Development	Member;
(f)	The Minister for Water, Works, Energy, Lands and Environment of Revolutionary Government of Zanzibar	Member;
(g)	The Minister of State (Planning and Investments) The Revolutionary Government of Zanzibar	Member.

(3)The Director General of the Capital Development Authority shall be the Secretary to the Commission.

(4)For the purposes of carrying out the functions conferred upon it by this paragraph, the Commission may—

(a)formulate and secure the implementation of a programme or programmes and a time-table for the transfer of the headquarters of national institutions and authorities from Dar es Salaam or elsewhere to Dodoma;

(b)formulate and give such policy directions or guidelines relating to the investment in Dodoma of funds and property by any person for the purposes of economic, industrial or social development;

(c)take all necessary measures to ensure the lawful implementation of all decisions and directions of the Government connected to the development of Dodoma as the capital of Tanzania;

(d)do any other act or thing which is, in the opinion of the Commission, necessary or desirable for securing the successful performance of the functions and purposes of the Authority.

7. Board of Directors

(1)The management of the Authority is hereby vested in a Board of Directors.

(2)The Board shall consist of the—

(a)	Minister of State in the Prime Minister's Office	Chairman;
(b)	Permanent Secretary in the Prime Minister's Office	Member;
(c)	Permanent Secretary in the Ministry responsible for Works of the Revolutionary Government of Zanzibar	Member;
(d)	Permanent Secretary in the Ministry of Finance	Member;
(e)	Permanent Secretary in the Ministry of Foreign Affairs and International Co-operation	Member;
(f)	Permanent Secretary in the Ministry of Works	Member;
(g)	Permanent Secretary in the Ministry of Energy and Minerals	Member;
(h)	Permanent Secretary in the Ministry of Water and Livestock Development	Member;
(i)	Permanent Secretary in the Ministry responsible for Communication and Transport of the Revolutionary Government of Zanzibar	Member.

(3)The Director General of the Authority shall be the Secretary to the Board.

(4)The Board may co-opt any person or persons to serve on the Board and the co-opted person or persons may take part in the deliberations of the Board but shall not vote.

(5)A member of the Board appointed under subparagraph (2) shall, unless he sooner dies or resigns, hold office at the pleasure of the President.

(6)If any member is, without the permission of the Board, absent for more than three consecutive meetings of the Board, he shall unless the President otherwise directs, cease to be a member of the Board.

(7)A member of the Board may at any time resign by giving notice in writing to the President and from the date specified in the notice or if no date is specified from the date of the receipt by the President of the notice, he shall cease to be a member.

(8)For the purposes of this Order "member of the Board" includes the Chairman.

8. Meetings

(1)The Board shall meet at least once in every three months and may meet at the times which the Chairman may deem necessary or expedient for the transaction of the business of the Board.

(2)All meetings of the Board shall be convened by the Chairman or, in his absence from the United Republic, or incapacity through illness or other cause, the Vice-Chairman who shall appoint the time, place and date for the meeting.

(3)The Chairman or, in his absence the Vice-Chairman shall preside at any meeting of the Board. In the absence of both the Chairman and the Vice-Chairman from any meeting the members present at the meeting shall elect one of their number to be Chairman for that meeting.

9. Quorum and procedure at meetings

(1)A simple majority of the total number of the members of the Board shall constitute a quorum for any meeting of the Board.

(2)All acts, matters and things authorised to be done by the Board shall all be decided by resolution at a meeting of the Board at which a quorum is present.

(3)A decision of the majority of the members present and voting at a meeting of the Board at which a quorum is present shall be deemed to be a decision of the Board.

(4)Every member of the Board shall have one vote and in the event of any equality of votes the Chairman of the meeting shall have a second or casting vote in addition to his deliberative vote.

10. Minutes

Minutes in the proper form of each meeting of the Board shall be kept and those minutes shall be submitted to the Board at its next meeting and, if confirmed by the meeting, shall be signed by the Chairman of the meeting.

11. Execution of documents

(1)The seal of the Authority shall be affixed by the Director-General, the Vice-Chairman, or any officer of the Authority whom the Board may appoint in that behalf and shall be witnessed by the person affixing the same or any other member of the Board or officer of the Authority whom the Board may nominate in that behalf.

(2)All contracts, guarantees, bonds, securities, mortgages, charges, bills of exchange, promissory notes, bank drafts, letters of credit, securities and any other instruments to which the Authority is a party shall be executed on behalf of the Authority—

(a)by the Chairman; or

(b)by the Director-General and any other person or persons who may be authorised by the Board in that behalf:

Provided that as respects any instrument specified in this subparagraph, the Chairman may in writing delegate his functions under this subparagraph to any officer of the Authority, but that delegation shall not prevent the Chairman from exercising the function himself.

12. Vacancies not to invalidate proceedings

Subject to the provisions of paragraph 8 relating to quorum, the Board may act notwithstanding any vacancy in its membership and no act or proceedings of the Board shall be invalid by reason only of some defect in the appointment of a member or a person who purports to be a member.

13. Limitation

Where any action or other legal proceeding is commenced against the Authority or any act done in pursuance or execution, or intended execution, of this Order or of any such duty or Authority shall have effect—

(a)action or legal proceeding shall be commenced against the Authority until at least 90 days after written notice containing the particulars of the claim and of intention to commence the action or legal proceedings has been served upon the Director General by the plaintiff or his agent; and

(b)the action or legal proceedings shall not lie or be instituted unless it is commenced within twelve months next after the act, neglect or default complained of or in the case of a continuing injury or damage, within six months next after the cessation thereof.

14. Restriction on execution against property of Authority

Notwithstanding to the contrary in any law where any judgment or order has been obtained against the Authority—

(a)no execution or attachment, or process in the nature thereof, shall be issued against the Authority or against any property of the Authority, but the Permanent Secretary Treasury shall cause to be paid out of the revenue of the Government such amounts as may, by the judgement or order, be awarded against the Authority to person entitled thereto; and

(b)no property of the Authority shall be seized or taken by any person having by law power to attach or distrain property without the previous written permission of the Permanent Secretary of the Ministry responsible for the time being for the Authority.

15. Trespass and unlawful occupation

Any person who unlawfully enters and takes possession of any premises owned by the Authority, shall—

(a)be guilty of any offence against this Order and liable on conviction therefor to a fine equivalent to the due rent with interest at the prevailing commercial rate or to imprisonment for a term not less than three months and not more than six months or to both such fine and imprisonment;

(b)be responsible for any loss or damage which may be caused by reason of his unlawful entry and the court which convicts such offender shall order him to pay the amount of any such loss or damage to the Authority and in default of such payment may impose a further term of imprisonment not less than one month.

16. Default in payment of rent

(1)Any person who neglects or wilfully undertakes not to pay the house rent as prescribed in the agreement for lease to the Authority, shall be guilty of an offence and liable on conviction therefore to a fine equivalent to the due rent or imprisonment for a term not less than three months and not more than six months in addition, shall be liable to a penalty equal to the rent, unless the offender has already paid such penalty to the Authority.

(2)Where any penalty imposed under this paragraph is recovered, the amount thereof shall be paid to the Authority.

(3)Nothing in this paragraph shall prejudice the right of the authority to any legal rights prescribed under the Rent Restriction Act ¹.¹Cap. 339

17. Power of arrest, removal and place of trial

Any person who commits any offence mentioned in paragraphs 15 and 16 of this Order may be arrested without warrant by any authorized employee of the Authority or police officer, and shall thereupon, with the least possible delay be taken before a magistrate having jurisdiction to try him or to commit him for trial. Provided that, save where there is reason to believe that such person will abscond, he shall, if his true name and address are ascertained, be released on his executing a bond without sureties for his appearance before a magistrate when required.

18. Unlawful development

Any person who—

(a)unlawfully enters and develops in the planned area without proper consent from the Authority; or

(b)lawfully acquires the land, but develops without presentation of plans and obtaining a consent from the Authority,

shall be liable for demolition of the said structure after previous issuing of notice or to reasonable time to remove the same, and shall in addition be guilty of an offence against this order and liable on conviction therefore to a fine of not less than ten thousands shillings or to imprisonment for a term not less than six months and not more than twelve months or to both such fine and imprisonment.

19. Defaulter to pay land rent

(1)Any person who lawfully occupies land and is required to pay land rent within prescribed time and if he fails to pay the same to the Authority, shall be guilty of an offence against this Order, and shall be liable on conviction therefor to a fine not exceeding the due rent, but not less than ten thousand shillings or imprisonment for a term not less than three months but not exceeding six months and, in addition, shall be liable to a penalty a half of the rent or amount payable.

(2)Where any penalty imposed under this subparagraph is recovered, the amount thereof shall be paid to the Authority.

(3)Nothing in this paragraph shall prejudice the right of the Authority to recover any amounts due from the offender by any other lawful means.

20. Funds of the Authority

(1)The funds of the Authority shall consist of—

(a)any sums of money which may be provided by Parliament for the purposes of the Authority;

(b)any sums of money which the Board may, subject to subparagraph (2), raise from time to time by way of loan or loans;

(c)any sums of money which may become vested in the Authority in any manner whatsoever.

(2)The Authority may from time to time borrow any sums of money which it may require to meet any of its obligations and for the purposes of its business, and may secure the loans in any manner which the Board may, with the approval of the President authorise.

21. Salaries, etc., out of Authority's funds

(1)The Authority shall apply its funds to be paid for the following purposes—

(a)the payment of all the salaries, fees, and any other allowances duly payable to the members of the Board and officers or servants of the Authority;

(b)the payment of the expenses, and other charges duly incurred by the Authority or for which the Authority may become duly liable in the course of the performance of its functions;

(c)any other purposes which the Board may approve.

(2)The Board may invest all or any portion of any moneys which are for the time being surplus to its requirements in any securities which may be approved by the President.

22. Report

The Director-General shall prepare and make a report of the activities of the Authority and submit it to the President twice every year and so that the period intervening between any one and the next report shall not exceed seven months.

23. Proceedings

Subject to the provisions of this Order, the Board shall regulate its own procedure.

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History of this document

31 July 2002 this version

Consolidation

Cited documents 1

Act 1

1.	Rent Restriction Act	108 citations

Documents citing this one 3

Judgment 2

1.	Hamis Saidi Ally(As Administrator of the Estate of the late Saidi Ally Sufiani) & Another Vs. The City Council of Dodoma & 11 Others (Civil Case No. 13 of 2022) [2024] TZHC 10488 (28 June 2024)
2.	Lucas Mnyamagola and Others vs Capital Development Authority (Land Appeal No. 7 2015) [2016] TZHC 2827 (31 May 2016)

Finding aid 1

1.	The Subsidiary Legislation of Tanzania Index - Vol. 2: 1998 - 2007