Industrial Court (Revision of Proceedings) Rules, 1990

Jurisdiction
Tanzania
Citation
Government Notice 268 of 1990
Primary work
Industrial Court of Tanzania Act
Date
31 July 2002
Language
English
Type
Legislation
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Tanzania
Industrial Court of Tanzania Act

Industrial Court (Revision of Proceedings) Rules, 1990

Government Notice 268 of 1990

  • Published in Tanzania Government Gazette
  • Commenced on 1 August 1992
  • [This is the version of this document at 31 July 2002.]
  • [Note: This legislation has been thoroughly revised and consolidated under the supervision of 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. This version is up-to-date as at 31st July 2002.]
[Section 27(3); G.N. No. 268 of 1990]

1. Citation

These Rules may be cited as the Industrial Court (Revision of Proceedings) Rules, and shall come into operation on the first day of August, 1992.

2. Application

These Rules shall not apply to proceedings instituted, and the hearing in respect of which commenced, before the first day of August, 1992.

3. Interpretation

In these Rules, unless the context otherwise requires—"Act" means the Industrial Court of Tanzania Act 1;1Cap. 60"applicant" means a person who has, in pursuance of subrule (1) of Rule 4, instituted proceedings by sending to the Registrar an originating reference requiring a decision of the Court, and includes—(a)the Secretary-General of a registered trade union;(b)an individual or a group of individuals claiming together; and(c)an employer or an employers' association;"Chairman" means the person appointed under section 16 as Chairman of the Court, and, for purposes of jurisdiction, includes a Deputy Chairman;"Court" means the Industrial Court of Tanzania established by section 15 of the Act;"decision" in relation to the Court, includes an award, a declaration, an order other than an interlocutory order and a recommendation;"hearing" means a duly constituted sitting of the Court for the purpose of receiving evidence, hearing parties and witnesses or doing anything lawfully requisite to enable the Court to reach a decision on any question.

4. Powers and procedure in revision

(1)The Court may, on its own motion or upon application by an applicant, revise any of its proceedings.
(2)In exercising the powers conferred upon it under subrule (1), the Court may, by certificate under the hand of the Chairman, vary or revoke any of the proceedings on the following grounds–
(a)where a party did not receive notice of the proceedings leading to the decision; or
(b)where the decision was made in the absence of a party or person entitled to be heard.

5. Application to be made to the Registrar

(1)An applicant shall make the application for revision to the Registrar of the Court.
(2)An application for revision under subrule (1) shall be made fourteen days from the date on which the decision is delivered and shall be in writing, stating the grounds in full.

6. Refusal of application

The Chairman may refuse an application under these Rules if, in his opinion and in accordance with subsection (1) of section 27 of the Act, that application is baseless on the face of it.

7. Right to notice

The adverse party to the application shall have a right to notice and the Court shall hear him before an application is granted to the applicant.

8. Where Court orders the proceedings de novo

(1)Where an application is not refused under these Rules and where the Court continues to hear the proceedings and grants the application, it may vary or revoke its decision to grant the application and may order the proceedings to commence de novo.
(2)Where the Court makes a decision and a certificate of the Chairman is issued, the Registrar of the Court shall make necessary corrections in the Court Register as soon as is practicable and send a copy of the certificate to each of the parties and persons who are entitled to appear and who in fact appear.
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History of this document

31 July 2002 this version
Consolidation
01 August 1992
Commenced