Skip to document content Skip to main menu Skip to search

District Corporations (Boards of Directors) (Composition and Proceedings) Regulations, 1976

Government Notice 53 of 1976

District Corporations (Boards of Directors) (Composition and Proceedings) Regulations, 1976
Citation
Government Notice 53 of 1976
Primary work
District Development Corporations Act
Date
31 July 2002
Language
English
Type
Government Notice
Collections
Skip to document content
Tanzania
District Development Corporations Act

District Corporations (Boards of Directors) (Composition and Proceedings) Regulations, 1976

Government Notice 53 of 1976

  • 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.]

1. Citation

These Regulations may be cited as the District Corporations (Boards of Directors) (Composition and Proceedings) Regulations.

2. Interpretation

In these Regulations, unless the context otherwise requires—"Act" means the District Development Corporations Act 1;1Cap. 382"Board", in relation to a Corporation, means the Board of Directors in which the management and functions of that Corporation are vested by the Order made under section 3 of the Act establishing the Corporation;"Corporation" means a District Corporation established under section 3 of the Act;"member" in relation to Board means the member of the Board and includes its chairman.

3. Composition of Boards of Directors

The Board of every Corporation shall consist of—
(a)a chairman to be appointed by the Prime Minister after consultation with the District Development Council of the district for which the Corporation is established:Provided that where a Corporation has been established for two or more districts the Chairman shall be appointed after consultation with the Regional Development Committee of the region within which such districts are situate;
(b)the following other members namely—
(i)the District Development Director of the District for which the Corporation is established, or in the case of a Corporation established for two or more districts, the District Development Directors of all such districts;
(ii)a person nominated by the Co-operative Rural Development Bank to represent that Bank on the Board;
(iii)two persons elected by the workers of the Corporation;
(iv)the District Branch Manager of the National Bank of Commerce appointed for the district in the case of a Corporation established for two or more districts, the District Branch Managers of all such districts;
(v)such of the officers of the district or districts for which the Corporation is established as the chairman may, after consultation with other members of the Board, co-opt as members of the Board;
(vi)not more than three members of the Districts Development Council of the District for which the Corporation is established nominated in that behalf by the Council:Provided that where a Corporation is established for two or more districts the District Development Council of each of such district, shall nominate three of its members and the persons so nominated shall be the members of the Board;
(vii)a person nominated by any of financial institution actually involved in the financing of the District Corporations.

4. Tenure of office of members of Board

(1)Where a person is a member of the Board of a Corporation by virtue of his holding some other office, he shall continue to be a member of the Board for so long as he holds such other office and upon his ceasing to hold such other office the person who succeeds him in that office shall be a member of the Board in his stead.
(2)Subject to the provisions of subparagraph (1) of Regulation 3 a member of the Board who has been nominated under the provisions of subparagraph (vi) of paragraph (b) of Regulation 3 shall hold office for a period of three years from the date of his nomination.
(3)Notwithstanding the foregoing provisions of these Regulations the Minister may at any time terminate the appointment of any member and appoint another member in his stead, and any person so appointed as a member shall hold office for such duration and upon such terms as the Minister may specify.

5. Appointment of temporary member

Where any member of a Board is by reason of illness, infirmity or absence from the United Republic, is unable to attend any meeting of the Board the Prime Minister may appoint a temporary member in his place and such temporary member shall cease to hold office on the resumption of office of the substantive member.

6. Vice-Chairman

Every Board shall elect one of its members to be the Vice-Chairman of the Board and any member so elected shall, subject to his continuing to be a member hold office of Vice-Chairman for a term of two years from the date of his election and shall be eligible for re-election.

7. Secretary

(1)The Director-General of the Corporation shall be the Secretary of the Board.
(2)The Secretary, if not a member of the Board, shall be entitled to attend the meetings of the Board, but shall not be entitled to vote.

8. Mode of convening meeting

(1)An ordinary meeting of the Board shall be convened and time of the meeting shall be sent to each member at his usual place of business or residence within not less than seven days before the date of such meeting and in case the Chairman is unable to act by reason of illness, absence from the United Republic, or other sufficient cause, the Vice-Chairman may convene such meeting.
(2)The Chairman, or in his absence, the Vice-Chairman shall be bound to convene a special meeting of the Board upon receipt of a request in writing in that behalf signed by not less than six members of the Board and not less than fourteen days' notice of such meeting shall be given to all members of the Board in the manner prescribed in paragraph (1).
(3)The Chairman, the Vice-Chairman, or the temporary Chairman elected in accordance with the provisions of paragraph (2) of regulation 10 presiding at any meeting of the Board may invite any person who is not a member to participate in the deliberations of the Board, but any such person shall not be entitled to vote.

9. Frequency of meetings

The Board shall meet at least once every three months.

10. Quorum and procedure

(1)One-half of the total number of the members of a Board or six members, whichever is the less number shall form a quorum for a meeting of a Board.
(2)In the absence of the Chairman from a meeting of a Board the Vice-Chairman shall preside and in the absence of both the Chairman and the Vice-Chairman from any meeting, the members present shall elect one of their number to be a temporary chairman of that meeting.
(3)At any meeting of the Board, a decision of the majority of its members present and voting shall be deemed to be a decision of the Board and in the event of an equality of votes, the Chairman of the meeting shall have a casting vote in addition to his deliberative vote.

11. Decision by circulation of paper

Notwithstanding the provisions of Regulation 10 where the Chairman, or in his absence, the vice-chairman, so directs, a decision may be made by the Board without a meeting by circulation of the relevant papers among all the members and the expression in writing of their views, shall be the decision of the Board but any member shall be entitled to require that any such decision shall be deferred until the subject matter is considered at a meeting of the Board.

12. Minutes of meetings

Minutes in proper form of each meeting of a Board shall be recorded and maintained by the Secretary and shall be confirmed by the Board at the next meeting and signed by the Chairman of the meeting.

13. The seal of the Corporation

The seal of the Corporation shall not be affixed to any instrument except in the presence of the Director-General or such other officer of the Corporation as the Board may appoint in that behalf.

14. Board may regulate its own proceedings

Subject to the provisions of these Regulations, a Board may regulate its own proceedings.

15. Proceedings not to be invalid by reason of irregularity

No act or proceeding of a Board shall be invalid by reason only of the number of members not being complete at the time of such act or proceeding; or of any defect in the appointment of any member or of the fact that any member was at the time disqualified or disentitled to act as such.

16. Delegation by Prime Minister

It shall be lawful for the Prime Minister by writing under his hand to delegate to the Regional Commissioner or any other public officer any of his powers under these Regulations in relation to a Board specified in such delegation or in relation to all the Boards generally.
▲ To the top

History of this document

31 July 2002 this version
Consolidation

Cited documents 1

Act
1

Documents citing this one 0