Mzinga Corporation (Establishment) Order, 1974

Government Notice 219 of 1974

Mzinga Corporation (Establishment) Order, 1974
Tanzania
Public Corporations Act

Mzinga Corporation (Establishment) Order, 1974

Government Notice 219 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.]
[Sections 3, 4A and 10]

1. Citation

This Order may cited as the Mzinga Corporation (Establishment) Order.

2. Interpretation

In this Order, unless the context requires otherwise—"Act" means the Public Corporations Act1;1Cap. 257"Board" means the Board of Directors provided for in paragraph 6;"Corporation" mean the Mzinga Public Corporation established by paragraph 3;"Minister" means the Minister responsible for defence and national service.

3. Establishment of Corporation

There is hereby established a public corporation to be known as the Mzinga Corporation.

4. Functions of Corporation

(1)The functions of the Corporation shall be to—
(a)carry on the business of manufacture and supplier of any equipment and material which the Board may from time to time determine;
(b)carry on the business of repairing and servicing of material of any kind;
(c)carry out, promote or sponsor research into any aspect of the production and use of material of any kind;
(d)do all other acts and things which may be necessary to uphold and support the credit of the Corporation and to attain and justify public confidence, and to avert or minimise any loss to the Corporation;
(e)do any act or thing or enter into any transaction which, in the opinion of the Board, is calculated to facilitate the proper and efficient carrying out of its activities and the proper performance of its functions as specified under this paragraph.
(2)The Corporation may perform its functions, either itself or through any contractor or contractors employed by the Corporation on the terms and conditions which the Board may approve.

5. Funds of the Corporation

(1)The funds of the Corporation shall consist of any sums of money which—
(a)may be provided by Parliament for the purposes of the Corporation;
(b)the Board may, subject to subparagraph (2), raise by way of loan or loans;
(c)may become vested in the Corporation in any manner whatsoever.
(2)The Corporation 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 Minister, authorise.

6. Management

(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 five nor more than nine whom the Minister may appoint, one of whom he shall nominated as its Vice-Chairman.
(3)The President may appoint a General Manager of the Corporation.
(4)Subject to the directions of the Minister, Board may from time to time appoint on such terms and conditions as it thinks fit any officers and servants of the Corporation who may be necessary for conducting the business of the Corporation.
(5)The Chairman and other members of the Board shall be entitled to the allowances and at the rates as the Minister may from time to time prescribed.
(6)The Minister may make regulations with respect to—
(a)the appointment of and the tenure and vacation of office by the members of the Boards;
(b)the quorum, proceedings and meetings of the Board and determinations of the Board.
(7)Subject to the provisions of any regulation made under subparagraph (6) the Board shall have power to regulate its own procedure.

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

All salaries, fees and other allowances whatsoever 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. Seal of Corporation

(1)The seal of the Corporation shall be affixed by the Chairman, Vice-Chairman or the General Manager and witnessed by one other member of the Board.
(2)All contracts, guarantees, agreements, bonds, authorities, mortgages, charges, bills of exchange, promissory notes, bank drafts, letters of credit, securities and any other instruments to which the Corporation is a party, shall be executed on behalf of the Corporation
(a)by the General Manager and a member of the Board; or
(b)by any other person or persons who may be authorised by the Board in that behalf:
Provided that the General Manager may, in writing, delegate his functions 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 (6) 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 some in the appointment of a member or 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. Delegation of powers

(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.
▲ To the top

History of this document

31 July 2002 this version
Consolidation