Determination of Allocation of Assets and Liabilities Notice, 1995

Government Notice 194 of 1995

Determination of Allocation of Assets and Liabilities Notice, 1995

Tanzania
Tanzania Posts and Telecommunications (Vesting of Assets and Liabilities) Act

Determination of Allocation of Assets and Liabilities Notice, 1995

Government Notice 194 of 1995

  • Published in Tanzania Government Gazette
  • Commenced on 31 December 1993
  • [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 4(2); G.N. No. 194 of 1995]

1. Citation

This Notice may be cited as the Determination of Allocation of Assets and Liabilities Notice.

2. Interpretation

In this Notice, unless the context otherwise requires—"Bank" means the Tanzania Postal Bank established by the Tanzania Postal Bank Act1.1Cap. 301"Book" means the Report of the Committee on the Distribution of Assets and Liabilities of the Former Tanzania Posts and Telecommunications Corporation issued in December, 1994;"Commission" means the Tanzania Communications Commission;"Committee" means the Transition Management Committee;"Company" means the Tanzania Telecommunications Company Limited;"Corporation" means the Tanzania Posts Corporation;"effective date" means the first day of January, 1994;"entity" means the Commission, the Company or the Corporation;"former corporation" means the Tanzania Posts and Telecommunications Corporation.

3. Vesting of assets

Notice is hereby given that, subject to the provisions of the Tanzania Posts and Telecommunications (Vesting of Assets and Liabilities) Act2, and other provisions of this Notice, all the assets and liabilities of the former Corporation shall, with effect from the effective date be and be deemed to have been vested in the Bank, the Commission, the Company, or the Corporation, as the case may be, in accordance with the allocation determined by this Notice.2Cap. 305

4. Vesting of liabilities

Where an asset is allocated and vested in an entity, the liabilities arising from or connected to that asset shall, except where it is expressly provided otherwise, also be transferred from the former Corporation and vest in the entity concerned.

5. Technical equipment under foreign loans or grants

(1)Any technical equipment acquired through foreign loans or grants and which is in the possession of any entity shall remain the property of the Government of the United Republic but continue in the possession of and be managed and operated by the entity on behalf of the Government until zero value.
(2)The equipment and facilities described in the First Schedule to this Notice, and which are the property of the Government of the United Republic acquired through Japanese Official Development Assistance, shall remain the property of the Government and be operated by the Company only as agent of the Government until zero value, and on the condition that the Company shall not for any reason transfer or cause to be transferred or otherwise dispose of the possession or ownership of the equipment and facilities.

6. Allocations to the Corporation

(1)The assets described in Part A of the Second Schedule to this Notice, and more particularly set out in Appendix VI of the Book, which were immediately before the effective date vested in the former corporation for the purpose of operating postal services are hereby allocated to the Corporation.
(2)The furniture and equipment described in Part B of the Second Schedule to this Notice, and more particularly set out in Appendix VIA of the Book, which were immediately before the effective date owned by the former corporation for the purpose of operating postal services are hereby allocated to the Corporation.
(3)The motor vehicles described in Part C of the Second Schedule to this Notice, and more particularly set out in Appendix IX of the Book, which were immediately before the effective date owned by the former corporation for the purpose of operating postal services are hereby allocated to the Corporation.

7. Allocation to the Company

(1)The assets described in Part A of the Third Schedule to this Notice, and more particularly set out in Appendix VII of the Book, which were immediately before the effective date vested in the former corporation for the purpose of operating telecommunications services are hereby allocated to the Company.
(2)The furniture and equipment described in Part B of the Third Schedule to this Notice, and more particularly set out in Appendix VIA of the Book, which were immediately before the effective date owned by the former corporation for the purpose of operating telecommunications services are hereby allocated to the Company.
(3)The motor vehicles described in Part C of the Third Schedule to this Notice, and more particularly set out in Appendix IX of the Book, which were immediately before the effective date owned by the former corporation for the purpose of operating telecommunications services are hereby allocated to the Company.

8. Allocations to the Commission

The various equipment and motor vehicles described in the Fourth Schedule to this Notice, and more particularly set out in Appendix VIII of the Book, which were immediately before the effective date owned by the former corporation and used for frequency monitoring are hereby allocated to the Commission.

9. Allocation of undeveloped plots

The undeveloped plots located in various areas of the United Republic and described in columns 1, 2 and 3 of the Fifth Schedule to this Notice which were immediately before the effective date in the possession of the former corporation are hereby allocated to the entity whose acronym is specified in column 4 of the Fifth Schedule.

10. Personnel who were employed by the former corporation

(1)The persons specified in Appendix IIA and IIB of the Book who were immediately before the effective date employed by the former corporation in its telecommunications services are hereby designated by the Committee for employment by the Company with effect from the effective date.
(2)The persons specified in Appendix IIIA and IIIB of the Book who were immediately before the effective date employed by the former corporation in its postal services are hereby designated by the Committee for employment by the Corporation with effect from the effective date.
(3)The persons specified in Appendix IV of the Book who were immediately before the effective date employed in the regulatory services of the former corporation are hereby designated by the Committee for employment by the Commission with effect from the effective date.

11. Provisions regarding the pension fund and pension

(1)For the purposes of this paragraph—"entity" means the Bank, the Commission, the Company or, as the case may be, the Corporation;"the Fund" means the Pension Fund established and operated by the former corporation for its staff.
(2)Subject to this paragraph, the fund shall, with effect from the effective date, be and be deemed to have been split and divided amongst the four entities each getting a share in proportion to the contributions made by it into the fund.
(3)Prior to the split and division of the Fund amongst the entities, the Fund shall be submitted for actuarial valuation in order to determine its sufficiency.
(4)If the actuarial valuation reveals a deficit, the liability shall be shared amongst the Bank, the Company and the Corporation in proportion to the actual pension contributions in respect of the persons previously employed by each of them in its business sector up to the 31st December, 1993.
(5)Upon the split and division of the fund each entity shall be responsible for meeting the obligations owed by the fund to the pensioners whose pensions are transferred to the entity in accordance with the appropriate Appendix of the Book.

12. Vesting of monies and stocks

(1)All monies held in the bank accounts of the former corporation are hereby transferred and vested in the new entities in the manner provided by the Tanzania Posts and Telecommunications (Closure of Accounts of Former Corporation and Interim Vesting of Monies into Accounts of the Company and of the Corporation) Notice, 1994.
(2)All stocks, including stocks in transit, acquired by the former corporation and which are in its possession immediately before the effective date shall, with effect from the effective date, be transferred to and vest, without any further assurance than this Notice—
(a)if acquired for the purpose of operating the postal services of the former Corporation, in the Corporation;
(b)if acquired for the purpose of operating the telecommunications services of the former corporation, in the Company;
(c)if acquired for the purpose of operating the regulatory services of the former Corporation, in the Commission.

First Schedule (Paragraph 5(2))

Equipment acquired through assistance from the government of japan

 Asset No.DescriptionLocation
1.27907C400 Crossbar ExchangeMbeya
2.28809C400 Crossbar ExchangeMwanza
3.28028C400 Crossbar ExchangeDodoma
4.28040C400 Crossbar ExchangeArushaam
5.27883C400 Crossbar ExchangeD'Salaam
6.28049AMBD'Salaam
7.28054AMB + C400 Crossbar ExchangeMbeya
8.27878Feedex 800 Crossbar ExchangeD'Salaam
9.36412C400 Crossbar ExchangeKijitonyama
10.33841C400 Crossbar ExchangeShinyanga
11.41511C400 Crossbar ExchangeTabora
12.4150AMBTabora
13.WA31143NEAX 61 ExchangeOysterbay
14.NEAX 61 ExchangePugu Road 
15.NEAX 61 ExchangeWageni 
16.NEAX 61 ExchangeTabata 
17.2877Earth Station (STD B)D'Salaam
18.28578Microwave SystemDodoma-Kazeh Hill Tabora)-Shinyanga-Yshana (Mwanza)
19.37055Microwave SystemMwanza-Bukoba-Kigoma (Main section + spurs)
20.Microwave linkPugu Road-Tabata 
21.Microwave linkDodoma-Arusha 
22.Exch. Digital 6000Moshi 
23.Exch. Digital 6000Tanga 
24.Exch. Digital 2000Morogoro 
25.Exch. Analog 1000Moshi-Karanga 
26.Exch. Analog 400Kibaha 
27.Exch. Analog 1000Msasani-DSM 
28.Exch. Analog 400Chakechake 
29.Exch. Analog 200Mkoani-Zanzibar 
30.140 Mbit/s Optic Fibre SystemD'Salaam-Oysterbay 
31.2 Mbit/s PCM Transmission SystemMoshi-Karanga 
32.Phase 1AD'Salaam Central Rehabilitation (Civil work + Primary network + of D'Salaam - OysterbayD'Salaam 
33.Phase 1BD'Salaam Central & Oysterbay (Secondary network)D'Salaam 
34.Phase 1CCentral portion & Oysterbay (Secondary network)D'Salaam 
35.Phase 2APugu Rd & Port area (Secondary & Primary netw.)  

Second schedule (Paragraph 6)

Part A – Assets allocated to corporation

1.Operation buildings wholly used for postal business T. Shs. 5,501,372,415/=
2.Residential buildings T. Shs. 1,055,193,000/=
3.Identifiable postal stocks)Amount as per projected balance sheet.
4.Identifiable postal debtors) 
5.Cash in postal designated accounts) 
6.Equipment wholly used for Postal operations)T. Shs. 300,000,000/=
7.Self Insurance Fund) 
8.Investment in Tanzania Postal Bank) 

Part B – Furniture and office equipment allocated to corporation

1.Office furniture)T. Shs. 735,569,100/=
2.Office Equipment) 
3.Household furniture and equipment)T. Shs. 33,650,000/=

Part C – Motor vehicles allocated to corporation

1.Operational Motor vehicle)T. Shs. 312,991,882/=
2.Staff Cars) 

Third Schedule (Paragraph 7)

Part A – Assets allocated to company

1.Operational buildings wholly used for telecommunications servicesT. Shs. 10,910,800,000/=
2.Residential buildingsT. Shs. 2,966,020,200/=
3.All telecommunications equipmentT. Shs. 59,480,052,507/=
4.All plant and machinery used for telecommunications servicesT. Shs. 1,204,795,246/=
5.Identifiable telecommunications stocks 
6.Telecommunications services debtorsAmount as per projected balance sheet
7.Cash wholly earned from telecommunications stocks 
8.Self Insurance Fund 
9.Intelsat InvestmentT. Shs. 826,225,336/=
10.Other Investments relating to telecommunications businessT. Shs. 290,008,000/=

Part B – Furniture and office equipment

1.Office furnitureT. Shs. 2,339,266,900/=
2.Office equipment 
3.Household furniture and equipmentT. Shs. 81,832,000/=

Part C – Motor vehicles allocated to company

1.Operational Motor vehicles and Motor CyclesT. Shs. 2,390,515,037/=
2.Staff Cars 

Fourth Schedule (Paragraph 8)

Assets allocated to commission

1.Frequency management equipmentT. Shs. 19,343,869/=
2.One residential houseT. Shs. 15,000,000/=
3.House-hold furniture and equipmentT. Shs. 660,000/=
4.Motor vehicles used by the former Corporation for frequency management servicesT. Shs. 3,367,280/=

Fifth Schedule (Paragraph 9)

Allocation of undeveloped plots

Column 1Column 2Column 3Column 4
REGIONPLOT NO.PROPOSED USE(at time of acquisition)PROPOSED ALLOCATION
1. DAR-ES-SALAAM1. 145 Block 'G' UbungoBranch Post OfficeTPC
 2. 275 Block PO & TE 'D' Tegeta TTCL
 3. 1792 Msasani PeninsulaPost OfficeTPC
 4. 8 & 9 Ohio StreetInvestment ProjectTTCL
 5. 12, Kibo StreetInvestment ProjectTTCL
 6. 1080, UpangaTelephone ExchangeTTCL
 7. 15, Kibo StreetCustomer Services CentreTTCL
2. COAST REGION1. Mlandizi PlotPO & TETPC
 2. Kibaha PlotNo. 1 & 2Shopping CentrePO & TE(Container Exchange on Site)TTCL
3. MORO-GORO1. 457 Block 'F'MorogoroProposed new Telephone HouseTTCL
 2. 14 Block 'BB'BPOTPC
 3. 5 & 6 Block BNgerengereTelephone ExchangeTTCL
 16, Block BNgerengereBPOTPC
 4. 4, 5, 7 & 9 Block 'H' KilosaBPO & TE Plots 5 & 7TTCL
  (Drawings for TE Plot 9 are under preparation)TPC
 5. 11A Block Extension of (4) 'H' KilosaaboveTPC
 6. Kidatu HousingStaff HousingTPC
4. ARUSHA1. 51, 52& 54ABlock '21'Proposed staff housing - fencedTTCL
 KaloleniArusha(house TE)TTCL
 2. 4 Block 'D'NjiroBPOTPC
 3. 525 Block'D' NjiroBPOTPC
5. KILIMAN-JARO1. 55 & 57 LDMwangaResidential PlotTTCL
 2. 1034, 1036 & 1038Residential2 Plots1 PlotTTCLTPC
 3. MwangaTelephoneExchange PlotTelephone ExchangeTTCL
 4. Boma laNg'ombe HaiHai PlotBPO & TETPC
6. MWANZA1. Post OfficeBlock 'J'Ngudu KwimbaBPOTPC
7. DODOMA AND SINGIDA   
8. TABORA119, 120 & 121Block 'L'Cheyo TaboraResidential ProjectTTCL
9. SHINYA-NGAMwanahuzi MeatuBPO & TETTCL
10. TANGA1. 467,469,471 & 473 Block'Z' UsagaraStaff Housing2 Plots1 Plot3 Houses + One undeveloped plot-single letter of offer.TTCLTPC
 2. 7C LushotoBPO & TETTCL
 3. Handeni PlotBPO & TETPC
 4. MusiwaniBPOTPC
11. KAGERA   
12. MARA   
13. IRINGA1. 33-36MakambakoResidential HousingTPC
 2. 9 Plots at MtwivilaResidental Housing 
 Iringa8 Plots1 PlotTPCTTCL
14. MBEYA AND RUKWA1. 1106 ForestHill MbeyaBPOTPC
 2. 5 Plots at IvumweProposed Staff HousingTPC
 3. Nonde Repeater StationRepeater StationTTCL
 4. Mpanda plot for BPOBPOTTCL
 5. Kyela 2 plotsResidential Housing1 Plot1 PlotTTCLTPC
 6. Ileje 2 plots for housingResidential Housing1 Plot1 PlotTTCLTPC
15. LINDI   
16. MTWARA1. 107,108 & 109'A' Ligula lowdensityStaff HousingPlot 107 & 108Plot 109TPCTTCL
 2. 55, 56, 57, 58 & 59 Block Commercial AreaBPO Staff HousingTPC
17. RUVUMA205 Block'A' MbingaBPOTPC
18. KIGOMA   
19. ZANZIBARPEMBA   

Six Schedule (Paragraph 10)

Part A

Staff Taken-over by TTCLAppendix II

Part B

Staff Taken-over by TPCAppendix III

Part C

Staff Taken-over by TCCAppendix IV

Part D

Staff from the Former Corporation Transferred to Tanzania Postal BankAppendix V
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History of this document

31 July 2002 this version
Consolidation
31 December 1993
Commenced