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Citation
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- This Order may be cited as the Local Government Authorities (Division of Assets and Liabilities) Order, 2018
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Effective date
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- This Order shall come into operation after being gazette in the Government gazette.
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interpretation
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- In this Order unless the context otherwise requires:-
“Assets and liabilities” includes franchise, income, debts and expenses and all rights, interests, obligations and liabilities arising under contract;
“Authorities” means the Babati District Council and Babati Town Council;
“Minister” means the Minister for the time being responsible for Local Government.
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Division of assets
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- –(1) All movable and immovable assets, franchise income, debts, expenses and all rights, interests, obligation and liabilities arising under contract whose description is as in the schedule which were vested in the then Babati District Council shall from the effective date
of this Order be vested in the Authorities in accordance with the allocation specified in the schedule.
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(2) Any asset or liabilities stipulated in sub-section (1) above which shall remain unallocated as of the effective date shall be allocated and vested into the respective Authorities in such manner as the Minister may prescribe.
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(3) For the avoidance of doubt, the details of some particular assets in respect of Movable Properties, Plants, Vehicles, Motorcycle and Boats, Office equipments ,Immovable properties, Liquid Assets, Projects are provided for in the First Schedule herein and details of Liabilities in respect of Debts are provided for in the Second Schedule.
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(4) All public buildings and other properties which vested in the Babati District Council which have not been specifically mentioned in the schedules to this order shall vest in the authorities in which they are situated.
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Liability in relation to assets
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- –(1) All liabilities in relation to the assets transferred to and vested by this Order in respect of which the then Babati District Council was liable immediately preceding the effective date shall with effect from the effective date by virtue of this Order and without further assurance be transferred to and vested in the said authority.
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(2) the liability to which this paragraph applies shall, from the effective date, be deemed to be the liabilities of the Babati Town council and the Babati District Council shall be discharged from its obligations in respect of every such liability
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Instruments
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- All instrument to which the Babati District council is a part and which relate to any asset or liability transferred to Babati Town council by this order, shall continue in force and all the rights and liabilities of the Babati district council under such instrument shall be transferred to and vested into the Babati Town council.
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Division of liquid assets and investments
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- Liquid assets and investments specified in the first schedule to this order vested in the Babati District Council shall, with effect from the effective date by virtue of this order and without further assurance be divided and vested to the Babati Town Council
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Power of
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- For avoidance of doubt and without prejudice to any of the preceding provisions of this Order it is hereby declared that the authorities shall have and may exercise all such powers necessary or expedient to take appropriate measures to possess and recover any property to ascertain, perform and enforce any right and discharge any liability or obligation conferred or imposed on the authority by virtue of this Order.
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- –(1) Nothing in this Order shall be construed:-
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- as validating or rectifying or deemed to be validating or rectifying any instrument or any term, covenant, condition or any provision of any instrument to which this Order applies;
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- as creating in favour or against authority or any other party any right or liability conferred or imposed under such instrument;
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- as receiving the authorities obligation to which this order relate and which has ceased to be legally enforceable prior to the effective date of this Order;
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- as limiting the powers of the Minister to issue guidelines concerning the management, allocation or vesting of projects or anything not specifically provided for in this Order.
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(2) Any action or other proceedings pending or instituted by or against the then Babati District Council in respect of any assets or liability transferred to the Authorities to which this Order relates may be instituted or continued and completed by or against the authority.
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