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Mwananchi Engineering and Contracting Corporation (Establishment) Order, 1983

Government Notice 40 of 1983

Mwananchi Engineering and Contracting Corporation (Establishment) Order, 1983
Citation
Government Notice 40 of 1983
Primary work
Public Corporations Act
Date
31 July 2002
Language
English
Type
Government Notice
Collections
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Tanzania
Public Corporations Act

Mwananchi Engineering and Contracting Corporation (Establishment) Order, 1983

Government Notice 40 of 1983

  • 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

This Order may be cited as the Mwananchi Engineering and Contracting Corporation (Establishment) Order.

2. Interpretation

In this Order, unless the context requires otherwise—"Act" means the Public Corporations Act 1;1Cap. 257"Board" means the Board of Directors for the Corporation established under paragraph 5;"Company" means the Mwananchi Engineering and Contracting Company Limited incorporated under the Companies Act 2;2Cap. 212"Corporation" means the Mwananchi Engineering and Contracting Corporation established by paragraph 3;"Minister" means the Minister responsible for works.

3. Establishment of the corporation

There is established a public to be known as the Mwananchi Corporation Engineering and Contracting Corporation.

4. Functions of the Corporation

(1)The functions of the Corporation shall be—
(a)to promote the development of the construction and allied industries;
(b)to conduct or engage in the business of building and engineering contractors;
(c)in conformity with national development plans, to participate in, sponsor or encourage the establishment of national and international ventures for the development of the construction and allied industries;
(d)to carry out, promote or sponsor research in the development and use of local materials in the construction and allied industries;
(e)by agreement, acquire and hold interest in any undertaking, enterprise or project associated with the development of the construction industry;
(f)to co-operate with any person or body of persons, within or outside Tanzania engaged in activities the purpose of which the corporation is established;
(g)to advise the Minister and the National Construction Council on any matter concerning tender procedure and the award of the tenders relating to projects owned or sponsored by the Government or any Parastatal Organisation and whose value is not less than fifteen million shillings.
(2)In particular, but without prejudice to the generality of subparagraph (1), and subject to any general or specific directions of the Minister, the Corporation may—
(a)carry on, in all their respective branches, all or any of the businesses of civil engineering and general contractors;
(b)do all 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;
(c)do anything or enter into any transaction which in the opinion of Board, is calculated to facilitate the proper functions of the Corporation under this Order.

5. Board of Directors and management of the Corporation

(1)There is established a Board of Directors which shall be responsible for the management of the affairs of the Corporation.
(2)The Board shall consist of—
(a)a Chairman who shall be appointed by the President;
(b)the Director-General of the Corporation;
(c)not less than six nor more than eight other members appointed by the Minister.
(3)The Chairman and other members of the Board shall be entitled to any allowances and at the rates which the Minister may, upon the advice of the Board, determine.
(4)The Minister may make regulations with respect to—
(a)the appointment of, the tenure and vacation of office by, the members of the Board;
(b)the quorum, proceedings and meeting of the Board.
(5)The Board may, with the consent of the Minister, make regulations for the purposes of the better carrying out the functions of the Corporation.

6. Appointment of staff

(1)The President shall appoint, on the terms and conditions which he may determine, a Director-General of the Corporation who shall be the Chief Executive Officer of the Corporation and be responsible to the Board for the management of the affairs of the Corporation.
(2)The Board may appoint, on the terms and conditions which it deems fit, the officer and other staff of the Corporation who may be necessary for conducting the business of the Corporation.

7. Funds of the Corporation

(1)The funds of the Corporation shall consist of any sums of money—
(a)that may accrue to the Corporation from its business operations;
(b)which may be provided by Parliament for the purposes of the Corporation;
(c)which the Board may, subject to subparagraph (2) borrow for the purposes of the Corporation;
(d)which may become vested in the Corporation in any other manner.
(2)The Corporation may, borrow the sums of money which it may require to meet any of its obligations and for the purposes of its business, and may secure any loans in the manner and upon the terms and conditions relating to the repayment of the principal and payment of interest which the Board may, with the approval of the Minister, authorise.

8. Salaries, allowances, etc., to be paid out of funds of Corporation

(1)The Corporation shall apply its funds for the following purposes—
(a)the payment of salaries, fees and any other allowances payable to the members of the Board, the Director-General and other employees of the Corporation;
(b)the payment of expenses and other charges duly incurred by the Corporation or for which the Corporation 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 Minister.

9. The seal of the Corporation

(1)The seal of the Corporation shall be affixed by the Chairman, the Vice-Chairman or the Director-General, and the person affixing the seal shall sign the document in witness of it.
(2)All contracts, guarantees, agreements, bonds, authorities mortgages, charges, bills of exchange, promissory notes, bank drafts, letters of credit, securities and other instruments of any kind to which the Corporation is a party, shall be executed on behalf of the Corporation by—
(a)the Chairman, the Vice-Chairman or the Director-General;
(b)any other person or persons which may be authorised by the Board in that behalf.
(3)The Chairman may, in writing, delegate his function under subparagraph (2) to any officer of the Corporation.

10. Vacancies, etc., not to invalidate proceedings of Board

Subject to the provisions of any regulations relating to quorum made under subparagraph (4) of paragraph 5, the validity of any act or proceeding of the Board shall not be affected by any vacancy among its members or any defect in the appointment of any of them.

11. Disestablishment of the Company

The company is hereby disestablished and shall be deemed to have been so disestablished as from the date of the making of this Order and the Registrar of Companies shall in that behalf cancel its registration under the Companies Act 3.3Cap. 212

12. Transitional provisions

(1)The provisions of this paragraph shall have effect notwithstanding the disestablishment of the company.
(2)The provisions of Memorandum of Association and Articles of Association of the Company which may be desirable for the proper carrying out of the functions of the Corporation may remain in force as if they were regulations made under this Order until such time as they are revoked or replaced by regulations made by the Board under this Order.
(3)All assets and liabilities which prior to the making of this Order were vested in or incurred by the Mwananchi Engineering and Contracting Company Limited shall pass by succession to the Corporation, and the Corporation shall have all powers necessary to take possessions of, recover and deal with those assets and discharge those liabilities.
(4)Any land and all movable property vested in the Company under any provision of any written law shall be transferred to, and without further assurance, vest the same interest in the Corporation and all books, papers, documents, minutes, receipts and ledgers pertaining to the company and its operations.
(5)Subject to this Order, any agreement, whether in writing or not, to which the Mwananchi Engineering and Contracting Company Limited was a party immediately prior to the making of this Order, and whether or not the agreement was of such nature that the rights and liabilities under it could be assigned, shall have effect as from the date of making of this Order as if—
(a)the Corporation had been a party to such agreement; and
(b)any reference (however worded and whether express or implied) to the Company were substituted, in respect of anything to be done or effected, by a reference to the Corporation.
(6)The appointment of any officer or servant of the Company, subsisting immediately before the making of this Order shall be deemed to be made by the Board under the provisions of this Order, and for the purposes of determining the right of pension or gratuity on retirement, the service of that officer or servant shall be regarded as continuous from the time he was appointed by the Company.
(7)Any proceedings pending to which the Company was a party shall be continued as if the Corporation was a party to it in lieu of the Company, and where any other thing has been commenced by or under the authority of the Company prior to the making of this Order and that thing is within the powers of the Board or was done in relation to any of the matters transferred by the provision of this paragraph to the Board, that thing may be carried on by, or under the authority of the Board.

13. 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 Public Corporations Act, which relates to the accounts of the Corporation.
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History of this document

31 July 2002 this version
Consolidation

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Act 2

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