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State Motor Corporation (Establishment) Order, 1974

Government Notice 72 of 1974

State Motor Corporation (Establishment) Order, 1974
Citation
Government Notice 72 of 1974
Primary work
Public Corporations Act
Date
31 July 2002
Language
English
Type
Government Notice
Collections
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Tanzania
Public Corporations Act

State Motor Corporation (Establishment) Order, 1974

Government Notice 72 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; G.N.s Nos. 72 of 1974; 82 of 1975]

1. Citation

This Order may be cited as the State Motor 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 5;"Corporation" means the State Motor Corporation established by paragraph 3;"Minister" means the Minister responsible for commerce;"motor vehicle" means any self-propelled vehicle intended or adapted for use on the roads for the conveyance of passengers or goods and includes a trailer.

3. Establishment of Corporation

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

4. Functions of Corporation

(1)The functions of the Corporation shall be to—
(a)import, buy, sell and export motor vehicles and spare parts and accessories of motor vehicles;
(b)carry on the business of assembling motor vehicles;
(c)carry on the business of a manufacturer of motor vehicles and of spare parts and accessories of motor vehicles;
(d)carry on the business of repairing and servicing of motor vehicles and of selling fuel oil and other products or material for use in motor vehicles;
(e)participate in or undertake, on a commercial basis, any enterprise related to or connected with the motor vehicle industry;
(f)carry out, promote or sponsor research in any aspect of the motor vehicle industry and the marketing of motor vehicles and spare parts and accessories of motor vehicle;
(g)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 or otherwise;
(h)carry on its business operations and activities either within the United Republic or elsewhere, whether as principal, agent, contractor or otherwise, and either alone or in conjunction with any other person, firm or body corporate;
(i)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;
(j)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 on of its activities and the proper performance of its functions as specified in this paragraph.
(2)The Corporation may perform its functions, either itself or through any contractor or contractors employed by the Corporation on any terms and conditions which the Board may approve.

5. Authorised capital

(1)The authorised nominal capital of the Corporation shall be twenty million shillings divided into twenty thousand shares having a par value of one thousand shillings each.
(2)The initial paid up capital of the Corporation shall be two million shillings.
(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 allowed to the United Republic shall be made in the manner which the Minister, after consultation with the Board and the Minister for Finance may determine.

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 nominate as its Vice-Chairman.
(3)The President may appoint a General Manager of The Corporation.
(4)The Board may from time to time appoint on such terms and conditions at it thinks fit such officers and servants of the Corporation as 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 which the Minister may from time to time prescribe.
(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 Board;
(b)the quorum, proceedings and meetings of the Board and determinations of the Board.
(7)Subject to the provisions of any regulations made under subparagraph 6 of paragraph 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 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. Seal of Corporation

(1)The Seal of the Corporation shall be affixed by the Chairman, the Vice-Chairman or the General Manager and witnessed by one other member of the Board.
(2)All contracts, guarantees, agreements, bonds, authorities, mortgages, 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 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 (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 of some defect 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. Borrowing powers of Corporation

The Corporation may from time to time borrow any sums of money as it may require to meet any of its obligations or for the purposes of its business.

11. 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.
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History of this document

31 July 2002 this version
Consolidation

Cited documents 1

Act 1
1. Public Corporations Act 127 citations

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