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Employees' Terminal Benefits Schemes (Registration) Regulations, 1974

Government Notice 201 of 1974

Employees' Terminal Benefits Schemes (Registration) Regulations, 1974
Citation
Government Notice 201 of 1974
Primary work
Employees' Terminal Benefits Schemes (Registration and Regulation) Act
Date
31 July 2002
Language
English
Type
Government Notice
Collections
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Tanzania
Employees' Terminal Benefits Schemes (Registration and Regulation) Act

Employees' Terminal Benefits Schemes (Registration) Regulations, 1974

Government Notice 201 of 1974

  • 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 6; G.N. No. 201 of 1974]

1. Citation

These Regulations may be cited as the Employees' Terminal Benefits Schemes (Registration) Regulations.

2. Interpretation

In these Regulations, unless the context requires otherwise—"contributory scheme" means any employees' terminal benefit scheme under which the benefit is secured by contributions made jointly by the employee and the employer towards any fund established pursuant to the scheme;"employees' terminal benefit scheme" means any pension, provident fund, gratuity, saving, or insurance scheme, arrangement or undertaking established, set-up, settled, operated or undertaken by or on behalf of an employer for the benefit of employees in the employment of the employer under which any employee shall or may, upon the determination of his employment or upon the expiry of any specified period of employment, become entitled to receive a p2ension, a sum of money or other valuable benefit, whether or not that employee is required to make any contribution towards any fund established pursuant to the scheme;"employer" in respect of any employee employed or engaged as a member of the crew of any ship means the owner or owners of the ship, or the agents in Tanzania of the ship, as the case may be, and in any other case, and subject to the provisions of subsection (2) of section 2 of the Act, means the person with whom the employee entered into contract of service or apprenticeship and who is responsible for the payment of wages of the employee;"non-contributory scheme" means any employees' terminal benefit scheme under which the benefit is secured by contributions made by the employer alone towards any fund established pursuant to the scheme;"Registrar" means the Registrar of Employees' Terminal Benefits Schemes appointed under section 3 of the Act.

3. Submission of particulars relating to schemes

(1)Every employer who operates or has established an employees' terminal benefit scheme or on whose behalf any such scheme is being operated or has been established shall submit to the Registrar, within sixty days from the date on which the Act comes into operation or sixty days from the date on which that scheme begins to operate, whichever date last occurs, the particulars prescribed by paragraph (2) of this regulation.
(2)The particulars required to be submitted to the Registrar under this regulation shall be in the form prescribed in the Schedule or in any other form which the Registrar may, from time to time, approve for that purpose, and shall include—
(a)the name and address of the employer;
(b)the name or other description of the scheme;
(c)the date of commencement of the scheme;
(d)the names, designations and addresses of the persons entrusted with the management of the scheme;
(e)the type of scheme, that is to say, pension, provident fund, gratuity, saving or insurance scheme, and whether it is contributory or non-contributory;
(f)the category or categories of employees who are eligible to enter the scheme and the category or categories who are ineligible;
(g)the total number of employees employed by the employer;
(h)the number of employees (of each category where applicable) participating in the scheme;
(i)the rate of contributions, if any, payable by the employer and any employee or category of employee participating in the scheme and information on the benefits accruing to the employee;
(j)total contributions in respect of any one month or other specified interval at which contributions are made;
(k)total fund as at the time of submission of particulars for registration;
(l)information on investments, if any, in which the whole or any portion of the fund of the scheme has been invested;
(m)total dividends, if any, as at the date of submission of particulars for registration, accrued from investments;
(n)a brief description of the manner in which the fund is administered internally or by an outside agency and whether any fees or charges are paid for the administration of the fund.

4. Registrar may require employers to provide additional information and particulars

(1)The Registrar may by notice in writing require an employer—
(a)to provide him with a copy of the rules, by-rules, by-laws or other provisions governing the scheme and making provision for its control and;
(b)to appear before him and produce any documents relating to the scheme specified in the notice;
(c)to provide him, whether by answering questions or otherwise, with such information as may be necessary to ensure that the particulars and information required to be furnished under these regulations are fully and accurately furnished by the employer.
(2)Every employer shall immediately notify the Registrar in writing of any material alterations to any rules or by-laws furnished to the Registrar under this regulation.

5. Register

(1)The Registrar shall keep a register for the registration of employees' terminal benefits schemes.
(2)The register of employees' terminal benefits schemes shall be kept in a form 1 which shows the particulars set out in the form for submission by employers of particulars relating to schemes for registration prescribed in the Schedule hereto.1Form 1

6. Entry in register

On receipt of particulars of a scheme for registration and the prescribed fee (if any), the Registrar shall register the scheme and shall issue a certificate of registration in the form 2 prescribed in the Schedule.2Form 2

7. Amendment of register

If any circumstance occurs in relation to any employees' terminal benefit scheme registered in accordance with these Regulations, which affects the accuracy of any particulars entered as respects that scheme in the register, the employer shall immediately inform the Registrar in writing, and the Registrar shall then without fee, amend the register or cause the register to be amended, accordingly.

8. Copy of entries to be supplied

(1)Any employer or any employee of any employer participating in any employees' terminal benefit scheme registered with the Registrar, on showing reasonable cause, may on payment of the prescribed fee (if any) inspect the register of employees' terminal benefits schemes and the Registrar shall also supply to any employer or any employee applying for a copy of entries relating of any specified scheme, a copy of those entries on payment of the prescribed fee (if any), if the employer or employee shows reasonable cause for requiring a copy.
(2)An officer of the Government may, in his official capacity, without fee, at all reasonable times inspect the register of employees' terminal benefits schemes and take copies of any entries in it.

9. Copy of entry to be prima facie evidence

In any cause or matter relating to an employees' terminal benefit scheme registered in accordance with these Regulations, any copy of any entry in the register produced by the Registrar shall be prima facie evidence of any matter, fact or thing stated or appearing.

10. Replacement of lost certificate of registration by duplicate

If any person to whom a certificate of registration of any employees' terminal benefit scheme has been issued under these Regulations satisfies the Registrar that his certificate or any copy of it has been lost, destroyed or defaced, the Registrar may, in payment by the applicant of the prescribed fee (if any) issue to him a duplicated certificate (including any particulars endorsed or entered upon the certificate lost, destroyed or defaced), and the duplicate so issued shall have the same effect as the original certificate.

11. Offences

Any person who—
(a)fails to comply with any notice served upon him under regulation 4; or
(b)makes or causes to be made any false statement in any document used for the purpose of compliance with these Regulations, or fails or refuses to answer truthfully any questions put to him by any public officer exercising his powers under the Act or these Regulations,
commits an offence.[G.N. No. 9 of 1975]

Schedule

Forms

[Editorial note: The forms have not been reproduced.]
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History of this document

31 July 2002 this version
Consolidation

Cited documents 0

Documents citing this one 1

Gazette 1
1. Tanzania Government Gazette dated 1974-08-16 number 33