District Corporations (Dissolution) Order, 1991

Government Notice 54 of 1991

District Corporations (Dissolution) Order, 1991

Tanzania
District Development Corporations Act

District Corporations (Dissolution) Order, 1991

Government Notice 54 of 1991

  • Published in Tanzania Government Gazette
  • Commenced on 1 March 1991
  • [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.]
[Section 14; G.N. No. 54 of 1991]

1.

This Order may be cited as the District Corporations (Dissolution) Order and shall come into operation on the first day of March, 1991.

2.

In this Order—"Corporations" means District Corporations appearing in the first column of the Schedule to this Order;"Councils" means local authorities appearing in the second column of the Schedule to this Order;

3.

"effective date" means the first day of March, 1991District Corporations appearing in the first column to the Schedule of this Order are hereby dissolved.

4.

As from the effective date, all assets and liabilities of the District Corporations appearing in the first column of the Schedule to this Order shall vest by virtue of this Order, and without further assurance, in the local authorities appearing in the second column of the Schedule to this Order.

5.

(1)All instruments to which the Corporations are a party shall with effect from the effective date and by virtue of this Order, continue in full force and effect as if the Councils were substituted for the Corporations, and all rights and liabilities of the Corporations under any such instruments shall vest in the Councils.
(2)Where in any instrument the Corporations are not a party but reference is made to the Corporations, every such reference shall be construed as if it were a reference to the Council.

6.

For the avoidance of doubt and without prejudice to any other provisions of this Order the Councils shall have and may exercise all such powers necessary or expedient to take possession and recover property to ascertain, perform and enforce any right, and to discharge any liability or obligation, conferred or imposed on the Councils by virtue of this Order, and deal with, as the Corporations would have had and could have exercised had this Order not been made.

7.

(1)Nothing in this Order shall be construed—
(a)as validating or ratifying any instrument or other provisions of any instrument to which this Act relates;
(b)as creating in favour of or against the Councils or any instrument to which this Order relates which is not a right or liability conferred or imposed under such instrument;
(c)as reviving in favour of or against Councils or any other party any right or liability conferred or imposed upon Corporations or such other party under any instrument to which this Order relates which has ceased to be legally enforceable on the effective date.
(2)Any action or other proceeding pending or instituted by or against any Council at the effective date in respect of any asset or liability transferred to a Council by this Order or under any instrument to which this Order relates may be instituted or continued and completed by or against councils.

8.

All references in any written law to Corporations shall be construed as reference to Councils.

Schedule

District CorporationsLocal Authorities
1.ArumeruArumeru
2.IrambaIramba
3.Iringa(a)Iringa Municipal Council(b)Iringa District Council
4.KilosaKilosa
5.KilwaKilwa
6.KisaraweKisarawe
7.KorogweKorogwe
8.MaguMagu
9.MasasiMasasi
10.Mbeya(a)Mbeya Municipal Council(b)Mbeya District Council
11.MbuluMbulu
12.Kilimanjaro District Development Corporation(a)Moshi Municipal Council(b)Moshi District Council(c)Hai District Council
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History of this document

31 July 2002 this version
Consolidation
01 March 1991
Commenced