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Tanzania Broadcasting Services by its acronym TUT (Establishment) Order, 2002

Government Notice 239 of 2002

Tanzania Broadcasting Services by its acronym TUT (Establishment) Order, 2002
Citation
Government Notice 239 of 2002
Primary work
Public Corporations Act
Date
14 June 2002
Language
English
Type
Government Notice
Publication
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Tanzania
Public Corporations Act

Tanzania Broadcasting Services by its acronym TUT (Establishment) Order, 2002

Government Notice 239 of 2002

[Made under section 4]

1. Title

This Order may be cited as the Tanzania Broadcasting Services by its acronym TUT (Establishment) Order, 2002 and shall come into operation on the first day of July, 2002.

2. Interpretation

In this Order, unless the context otherwise requires—"Act" means the Public Corporation Act, 1992;"Board" means the Board of Directors provided for in paragraph V;"TUT" means Taasisi ya Utangazaji Tanzania, in English means Tanzania Broadcasting Services;"Minister" means the minister responsible for broadcasting services;"Managing Director" means the managing director of Tanzania Broadcasting Services appointed under paragraph 6.

3. Establishment of TUT

(1)Subject to the provisions of section 4 of the Act together with section 4 of the Broadcasting Services Act, there is hereby established a public corporation to be known as the Tanzania Broadcasting Services, in Kiswahili - Taasisi ya Utangazaji Tanzania and abbreviated as TUT.
(2)The Tanzania Broadcasting Services shall—
(a)be a body corporate with perpetual succession and a common seal;
(b)in its corporate name, be capable of suing and being sued;
(c)for and in connection with the purposes of this Order, be capable of acquiring, holding and disposing of movable and immovable property in its corporate name.

4. Functions of the Tanzania Broadcasting Services

The functions of Tanzania Broadcasting Services shall be—
(a)to provide a public service broadcasting through radio and television;
(b)to hold the existing assets of Radio Tanzania Dar es Salaam (RTD) and Televisheni ya Taifa (TVT) and to construct, ac­quire and install additional stations for the purposes of pub­lic broadcasting or related to its purposes;
(c)to hold, construct, acquire and install equipment and appara­tus for the transmission and reception of signals over wires or other paths provided by a material substance in the United Republic and use the same for purposes ancillary or related to the functions of the Tanzania Broadcasting Services;
(d)to develop, extend and improve internal and external broadcasting services to this end to exercise any licence or licences in any manner by any means and methods which may from time to time be agreed by the Tanzania Broadcasting Services and the relevant licensing authority;
(e)to perform broadcasting services in any part of the world for and on behalf of any department of the Government of the United Republic, and in particular to provide, erect, equip and install or supervise the provision, erection, equipment and installation of stations, studios, apparatus, machinery, plant and other equipment for transmitting and receiving matter by use of any form of information and communication technologies and to work or manage or supervise the work­ing or management of such stations;
(f)to provide to other bodies, whether within or outside the United Republic, by any means and methods as may be convenient matter to be broadcast or distributed by such bodies, and to receive from such bodies matter to be broadcast by stations of the Tanzania Broadcasting Services for the reception;
(g)to compile and prepare, print, publish, issue, circulate and distribute, with or without change any printed matter as may be conducive to any of the functions of the services;
(h)to establish and maintain libraries and archives containing material relevant to the functions of the Tanzania Broad­casting Services, and to make available to the public such libraries and archives with or without charge;
(i)to organize, provide or subsidize concerts and other entertainments in connection with the broadcasting services or for any purposes incidental thereto;
(j)to collect news and information in any part of the world in any manner that maybe fit and to establish and subscribe to news agencies;
(k)to acquire by registration, purchase or otherwise copyrights in any matter and any trademark and trade names and to use, exercise, develop, grant licences in respect of or otherwise turn to account the same with a view to the furtherance of any of the functions of the Tanzania Broadcasting Services;
(l)to produce, manufacture, purchase, acquire, use, sell, rent or dispose of films and records (including tapes and any other devices from which visual images or sound may be produced) and material and apparatus for use in connection with such films and record;
(m)to apply for and obtain, purchase or otherwise acquire and turn to account in any manner that may be deemed fit any letter, patent or patent rights or any interest in them, licences, concessions and the like rights whether exclusively or not or limited and to use any secret or other information as to any invention in relation to any device or machine servic­ing or calculated to serve any useful purpose in connection with the functions of the Tanzania Broadcasting Services;
(n)to enter into any arrangement with any government or au­thority which may seem conducive to the Tanzania Broad­casting Services functions or any of them, and to obtain from such government or authority any licences, rights, privileges and concessions which the services may think desirable to obtain and to carry out, exercise and comply with such ar­rangements, licences, rights, privileges and concessions;
(o)to establish and support or aid in the establishment or sup­port of associations, institutions, funds, trusts and ameni­ties calculated to benefit employees, dependants or rela­tives of employees and to grant pensions and allowances, to make payments towards insurance and to subscribe or guarantee money for charitable or for any exhibition or for any public, general or useful object;
(p)to purchase, take or lease or in exchange, hire or otherwise acquire any real and personal property, and any interest, rights or privileges which the Tanzania Broadcasting Serv­ices may think necessary or convenient for the purposes of its business or the furtherance of its functions and in particular any land, buildings, apparatus, machinery, plant and stock-in-trade;
(q)to invest and deal with monies of the Tanzania Broadcast­ing Services not immediately required in any manner, which it may from time to time determine;
(r)to borrow, raise or secure the payment of money in any manner which the Tanzania Broadcasting Services may think fit, by way of mortgage or charge of all or any part of its property or rights or by the issue of debentures or de­benture stock, charged upon all or any of the Tanzania Broadcasting Services property or rights and to purchase, redeem or pay off any such securities:Provided that the Tanzania Broadcasting Services shall not borrow or raise or secure the payment of money upon any property, interest or right now held by it which the Min­ister has decided in consultation with the Tanzania Broad­casting Services that it has to be used exclusively for any purpose of the external services or upon any property, inter­est or rights which the Tanzania Broadcasting Services has acquired or may acquire out of moneys paid to it out of grants or monies appropriated by Parliament for any purpose;
(s)to sell, improve, manage, develop, exchange, lease, mort­gage, enfranchise, dispose of turn to account or otherwise deal with all or part of the property, interests or rights of the Tanzania Broadcasting Services:Provided that the Tanzania Broadcasting Services shall not borrow or raise or secure the payment of money upon any property, interest/or right now held by it which the Minister has decided in consultation with the Tanzania Broadcasting Services that it has to be used exclusively for any purpose of the external services or upon any property, interest or rights which the Tanzania Broadcasting Services has acquired or may acquire out of moneys paid to it out of grants or monies appropriated by Parliament for any purpose;
(s)to sell, improve, manage, develop, exchange, lease, mort­gage, enfranchise, dispose of turn to account or otherwise deal with all or part of the property, interests or rights of the Tanzania Broadcasting Services:Provided that it shall not without the prior approval of the Minister sell, exchange, lease, mortgage, enfranchise or dispose of any property, interest or rights which is to be used exclusively for any purpose of the Tanzania Broad­casting Services or which has been acquired out of the money paid to the services out of grants or moneys appropriated by the Parliament for any purpose;[please note: duplicate numbering as in original]
(t)to enter into, make and perform contracts of guarantee and indemnity of any kind which may be necessary or conven­ient for carrying out its functions;
(u)to do all such other things which in the opinion of the Board is considered incidental or conducive to the attainment of any of its functions or the exercise of any of its powers.

5. Approval of the Minister

The Tanzania Broadcasting Services shall not acquire any licence, commission, right of privilege from or enter into any agreements with the Government of any other country without having first obtained ap­proval of the Minister.

6. Appointment of Managing Director and Deputy Managing Director

(1)There shall be the Managing Director and Deputy Managing Director. The Managing Director shall be appointed by the President while the Deputy Managing Director shall be appointed by the Board.
(2)The Managing Director shall be Chief Executive and co-ordinating officer of the Tanzania Broadcasting Services and he shall be responsible to the Board for the day to day functions of Tanzania Broadcasting Services. The Deputy Managing Director shall have proven skills in management.
(3)The Managing Director shall hold office for a period of four years and shall be eligible for re-appointment of another non-renewable term of four years.
(4)The Managing Director shall be the Secretary to the Board for the purposes of attending meetings of the Board, keeping minutes of the meeting and performing any other duties the Board may require.
(5)On his daily functions at the Tanzania Broadcasting Services, the Managing Director shall be assisted by the Deputy Managing Director, Heads of Departments, Units and Sections to attain the required maxi­mum output to sound commercial principles.
(6)In consultation with the Managing Director, the Board may, from time to time appoint on such terms and conditions as it may think fit such Directors, Managers and Senior Officers at level of Head of De­partment, Unit and Section for the vacant positions to carry out func­tions under different Directorates established from the organizational structure of the Tanzania Broadcasting Services. Other employees be­low Head of section shall, under prior authorization of the Board, be recruited by the Management Committee which shall comprise the Man­aging Director, Deputy Managing Director and Head of Departments and Units of the Tanzania Broadcasting Services.

7. Establishment of the Board

(1)There is hereby established a Board of Directors to manage the activities of the Tanzania Broadcasting Services.
(2)The Board shall consist of—
(a)a Chairman who shall be appointed by the President; and
(b)not more than eight other members appointed by the Minister.
(3)The members shall elect from amongst their number a Vice-Chair­man.
(4)Every member of the Board unless he dies, or resigns or prevented by an infirmity of body or mind or his appointment revoked by an ap­pointing authority, shall hold office for a period of three years from the date of his appointment and shall be eligible for re-appointment.
(5)Where any member without the permission of the Board, absents himself for more than three consecutive meetings of the Board without any reasonable cause, unless the Minister otherwise directs, shall cease to be a member of the Board.
(6)A member of the Board may at any time resign by giving a notice in writing to the Minister and after the receipt by the Minister of the notice and the date specified therein, he shall cease to be a member.

8. Meetings

(1)The Board shall meet at least once in every four months and may meet at such times as the Chairman may deem necessary or expedi­ent for the transaction of the business of the Board.
(2)The Chairman may, upon the written request of five or more mem­bers at any time convene a special meeting of the Board in order to deliberate on a specific matter of which notice has been given.
(3)All meetings of the Board shall be convened by the Chairman or in his absence from the United Republic or incapacity through illness or other cause, the Vice-Chairman, who shall appoint the time, place and date for each such meeting.
(4)The Chairman or in his absence the Vice-Chairman, shall preside at any meeting of the Board, in the absence of both, the members present at the meeting shall elect one of their members to be Chairman of that meeting.

9. Quorum and procedure at meeting

(1)A simple majority of the total number of the members of the Board shall constitute a quorum for any meeting of the Board.
(2)All acts, matters and things authorized to be done by the Board shall be decided by resolution at a meeting of the Board.
(3)A decision of the majority of the members present and voting at a meeting of the Board in which a quorum is present shall be deemed to be a decision of the Board. If any member fails or refuses to vote, he shall be deemed to have voted in the negative.
(4)Every member of the Board shall have one vote and in the event of an equality of votes the Chairman of the meeting shall have a second or casting vote in addition to his deliberative vote.

10. Minutes

Minutes in the proper form of each meeting of the Board shall be kept and such minutes shall be submitted to the Board at its next meeting and if confirmed by the meeting, shall be signed by the Chairman of the meeting.

11. Executions of documents

(1)The Seal of the Tanzania Broadcasting Services shall be affixed by the Chairman, the Vice-Chairman or the Managing Director and witnessed by one other member of the Board.
(2)All contracts, guarantees, bond, securities, mortgages, charge, bills of exchange, promissory notes, bank drafts, letters of credit, securities and other instruments whatsoever to which the Tanzania Broadcasting Services is part shall be executed on behalf of it:
(a)by the Managing Director and a member of the Board; or
(b)by such other person or persons as may be authorized by the Board in that behalf:
Provided that in respect of the instrument specified in this sub-para­graph, the Managing Director may in writing delegate his functions under this sub-paragraph to any officer of the Tanzania Broadcasting Serv­ices but no such delegation shall prevent the Managing Director from exercising the function himself.

12. Power to regulate proceedings

Subject to these rules, the Board may regulate its own proceedings.

13. Accounting officer

The Managing Director shall be the accounting officer with all financial responsibilities.

14. Funds

(1)Funds of the Tanzania Broadcasting Services shall consist of—
(a)monies appropriated by Parliament from time to time for the purpose of its functions;
(b)fees and charges levied for the goods and services provided under the authority of this Order; and
(c)any monies borrowed, grants or made available to the Tanzania Broadcasting Services for the purpose of its functions.
(2)The Managing Director shall prepare and in not less than three months before the end of each financial year, submit to the Board for its approval, strategic and business plans that include the estimates of in­come and expenditure for the next ensuing year, and may, at any time before the end of a financial year, prepare and submit to the Board for approval any estimates supplementary to the estimates of a current year.
(3)The accounts of the Tanzania Broadcasting Services shall be audited by the Controller and Auditor General or such other person regis­tered as an auditor approved for the purpose by the Controller and Auditor General on such terms and conditions as may be determined, in not more than three months after the closure of the accounts for the financial year.

15. Accounts and audit

(1)The Managing Director shall keep books of account and main­tain proper records of its operations in accordance with commercial ac­counting standards.
(2)The accounts of the Managing Director shall be audited annually by an independent auditor appointed by the Board.

16. Annual report

(1)The Managing Director shall, within six months after the end of each financial year, submit to the Board an annual report in respect of the year, containing:
(a)a copy of the audited accounts of the Tanzania Broadcasting Services, together with the auditors report on those accounts;
(b)a report on performance against key targets and any other related information;
(c)a report on the operation of the Tanzania Broadcasting Services during that financial year;
(d)any other information as the Board may require.
(2)In not less than three months before the end of the next financial year, the Board shall submit to the Minister a copy of the annual report which shall be laid before the National Assembly within two months after the Minister received the report, or at the next meeting of the Na­tional Assembly.

17. Revocation of G.N.403 of 1999

By virtue of this Order, Government Notice No.403 of -1999 which established Televisheni ya Taifa as a branch of Audio Visual In­stitute of Dar es Salaam is hereby revoked.
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History of this document

01 July 2002
Commenced
14 June 2002 this version
12 June 2002
Assented to