5-1979 - The Tanzania Industrial Research and Development Orga
5-1979 - The Tanzania Industrial Research and Development Orga
PART I
PRELIMINARY
Section Title
1. Short title and commencement.
2. Interpretation.
PART II
THE TANZANIA INDUSTRIAL RESEARCH AND DEVELOPMENT ORGANIZATION
3. Establishment of the Organization.
4. Functions of the Organization.
5 Composition and proceedings of Council.
6. Minister may give directions to Council.
PART III
POWERS AND OPERATIONS OF THE ORGANIZATION
7. Provisions relating to research.
8. Information on technological research to be furnished to the
Organization.
9. Organization may call for information.
10. Custody and disclosure of information furnished to the
Organization.
11. Provisions relating to inventions.
12. CO-Ordination of researches carried out outside Tanzania,
13. Power of Minister to make regulations.
PART IV
ADMINISTRATIVE AND FINANCIAL PROVISIONS
14. Appointment of employees.
15. Remuneration of members Of Council.
16. Superannuation benefits.
17. Power of Council to delegate.
18. Funds of the organization.
19. Minister may impose cess on industrial products.
20. Power of Council to charge fees.
21. investment.
22. Power to borrow.
23. Annual and supplementary budget.
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2 No. 5 Tanzania Industrial Research and Developt. Organization 1979
Section 'Title
No. 5 OF 1979
PART II
THE TANZANIA INDUSTRIAL RESEARCH AND DEVELOPMENT ORGANIZATION
3.-(l) There is hereby established an Organization to be known as
Establish- Tanzania Industrial Research and Development Organization.
ment of the
organization (2) The Organization shall be a body corporate and shall-
(a) have perpetual succession and an official seal.-
(b) in its corporate name be capable of suing and being sued;
(c) subject to this Act, be capable of holding, purchasing, or acquir-
ing in any other way, any movable or immovable property, and
of disposing of any of ,its property.
Functions 4.-(l) The functions of the Organization shall be--
of the
Organization (a) to carry out, and promote the carrying out of, applied research
designed to facilitate the evaluation, development and use of
local materials in industrial processes;
(b) to carry out research in various aspects of local and foreign
industrial techniques and technologies, and evaluate their suita_
bility for adaptation and alternative use m local industrial pro-
duction;
(c) to Promote. or provide facilities for, the training of local person.
nel for carrying out scientific and industrial research;
(d) to monitor and co-ordinate applied research carried out within
Tanzania, or elsewhere on behalf of or for the benefit of the
Government of Tanzania, and to evaluate the findings of that
research;
(e) to establish a system for the registration of, and to register, the
findings of applied research carried out within Tanzania, and
to Promote the Practical application of those findings in indus-
trial production;
(f) to establish and operate a system of documentation and dis.
semination of information on any spect of applied research
carried out by or on behalf of the Organization;
(g) to provide to the Government, and to firms or organizations
engaged in industrial production, technical and advisory services,
and advice and guidance on technical matters, necessary for the
furtherance of, or relating to, industrial activity;
(h) to advise the Government and firms or organizations engaged
in industrial production, on the adaptation of technology in
industrial production-,
(i) to provide to the Government, and to firms or organizations
engaged in industrial production, advice and assistance relating
to the provision of technical facilities in industrial enterprises, and
the establishment of systems for the control and regulation of
industrial processes, so as to improve performance and to avert or
minimize the sources of industrial pollution;
No. 5 Tanzania Industrial Research and Developt. Organization 1979 5
PART III
POWERS AND OPERATIONS OF THE ORGANIZATION
9.-(1) For the Purposes of the proper performance of its functions Organization
under this Act, the Organization may require in writing any firm or may call for
organization engaged in industrial production or in -technological research information
within Tanzania to furnish -to it such information relating to industrial
Production or technological research as the Organization may specify.
(2) Every firm or organization which is required to furnish informa-
tion under subsection (1) shall comply with the requirement and any
firm or organization which refuses or fails to comply with that require.
ment shall be guilty of an offence and shall be Fable on conviction to a
fine not exceeding fifteen thousand shillings.
10.-(1) All information furnished to the Organization pursuant to Custody and
section 8 or 9 shall be kept by the Organization for purposes of disclosure of
record, and may be dealt with or disposed of in such manner and for information
such purposes as the Minister may approve or direct. furnished
to the
(2) Save where the Minister directs otherwise, all information furni- Organization
shed to the Organization pursuant to section 8 or 9 shall be treated as
confidential.
(3) Subject to subsection (4), any member of the Council or any
officer of the Organization who discloses to any person, except for the
purposes of the performance of his duties or exercise of his powers under
this Act, any information furnished to the Organization pursuant to
section 8 or 9, or any information which was in any other way acquired
by the member or, as the case may be, the officer in the performance
of his duties or the exercise of his powers under this Act, shall be
guilty of an offence and shall be liable on conviction to a fine not
exceeding three thousand shillings or imprisonment for a term not
exceeding twelve months or to both that fine and imprisonment.
(4) Subsection (3) shall not apply to the disclosure of information
made for the purposes of any legal proceedings instituted under this
Act or for the purposes of a report relating to those proceedings.
(5) Subject to subsection (4), where, in the performance of its func.
tions, the Organization discloses to any institution or person any
information furnished to it pursuant to section 8 or section 9, subsection
(3) shall apply to that institution or that person as if references in that
subsection to a member of the Council or an officer of the Organization
were references to a member or an officer of the institution or, as the
case may be, the person to whom the Organization discloses the
information.
11.-(l) Where as a result of any research carried out by or on Provision
behalf of the Organization anything is invented, the invention shall relating to
become the property of the Organization. inventions
(2) For the purposes of the commercial exploitation of any invention
which the Organization considers important for, or incidental to, the
performance of its functions, the Organization may arrange with any
person or body of persons to buy, sell, take or grant patent rights in
the invention, subject to terms approved by the Council.
8 No. 5 Tanzania Industrial Research and Developt. Organization 1979
(3) The Organization may, with the prior approval of the Minister,
enter into any arrangement under subsection (2) one of the terms of
which requires the Organization to provide financial assistance in the
form of a loan or grant to the person or body of persons with whom
the arrangement is entered.
(4) Except with the consent of tile Minister, the Organization shall
not, in pursuance of any of the provisions of this section, undertake
to incur any expenditure which exceeds one percent of the estimated
recurrent expenditure budget of the Organization, for any one financial
year.
(5) Every invention made as a result of industrial or technological
research carried out under this Act shall be registered by the Organiza-
tion in such from and upon such conditions as the Minister may, by
regulations made under this Act, prescribe.
(6) The Organization may, with the prior approval of the Minister,
grant to any person who makes an invention which the Organization
considers important, or who materially assists or contributes to the
making of that invention, such reward as may be approved by the
Council.
13.-(l) The Minister may, after consultation with the Council, make Power of
regulations necessary to give effect to the purposes and provisions of Minister to
make
this Act.
regulation
(2) Without prejudice to the generality of the power conferred by
subsection (1), the Minister may make regulations-
(a) requiring persons or bodies of persons specified in the regula-
tions, engaged in industrial production or research to furnish to
the Organization information relating to any aspect of their
activities;
(b) prescribing the form and manner in which, and the period within
which, any information required to be furnished or made available
to the Organization under this Act shall be furnished or made
available to the Organization;
(c) prescribing the form in which and the procedure by which pro-
posals shall be made to the Organization for the sponsoring of
technological research to be carried out outside Tanzania;
(d) prescribing any other thing which under this Act is required or
permitted to be prescribed.
(3) Regulations made under this section. shall be published in the
Gazette.
PART IV
ADMINISTRATIVE AND FINANCIAL PROVISIONS
14.-(l) The President shall appoint, upon such terms and condi- Appointment
tions as he may specify, a Director-General of the Organization who shall of employees
be the chief executive officer of the Organization.
(2) The Council may from time to time appoint such number of
other employees of the Organization as it may deem necessary for
the proper and efficient conduct of the business and activities of the
Organization.
15.-(1) Subject to subsection (2), the members shall be entitled Remuneration
to such remuneration, fees or allowances for expenses as the Minister of of members
may, upon the recommendation of the Council, prescribe from time of council
to time.
(2) No remuneration, fees or allowances, except such allowances for
expenses as may be expressly authorized by the Minister, shall be paid
to any member of the Council who is a public officer.
16. Subject to any written law for the time being in force relating Superannua-
to pensions, the Council may- tion benefits
Acts 1978
(a) grant gratuities or other retirement allowances or benefits to the No. 14
employees of the Organization;
(b) establish and contribute to a superannuation fund or a medical
benefits fund for the employees of the Organization;
(c) require any employee of the Organization to contribute to the
superannuation fund or medical benefits fund and fix the amounts
and method of payment of the contribution.
10 No. 5 Tanzania Industrial Research and Developt. Organization 1979
Power of 17.-(1) Subject to subsection (4), the Council may, from time to
council to
delegate time, by instrument in writing under the seal of the Organization, dele-
gate to any committee of its members or to any employee of the
Organization any of its functions or powers under this Act, so that
the delegated functions or powers may be exercised by the delegate
in accordance with the terms of the instrument of delegation.
(3) The Council may at any time revoke a delegation made under
this section, and no delegation so made shall prevent the Council from
itself exercising the function or power delegated.
(4) The Council shall not delegate-
(a) its power of delegation; or
(b) the power to approve the annual budget, the annual balance
sheet or any statement of accounts.
Funds of the 18. The funds and resources of the Organization shall consist of-
Organization
(a) such sums as may be provided by Parliament for the purposes
of the Organization;
(b) such sums as the Organization may receive either in the form
of cess pursuant to section 19 or as fees for services rendered
by the Organization;
(c) any sums or property which may vest in the Organization under this
Act or any other written law or which may vest in the Organization
in any other manner in the performance of its functions.
Minister may 19.-(1) If the Minister considers it necessary in the public interest,
impose cess he may, after consultation with the Minister for the time being res-
on industrial ponsible for finance, by Order published in the Gazette, impose cess Pay-
products able to the Organization on industrial products specified m the order,
and any firm or organization producing the industrial product or products
specified in the order (hereinafter referred to as the ''specified enterprise")
shall take all necessary measures to pay to the Organization such amount
of cess and in such manner as may be specified in the order.
(2) Every amount of cess required to be paid under subsection (1)
shall be paid by the specified enterprise to the Organization, and the
amount so payable shall be a debt due to the Organization and may
be recovered from the specified enterprise as a civil debt by a suit at
the instance of the Director-General or any person authorized by him
in that behalf.
No. 5 Tanzania Industrial Research and Developt. Organization 1979 11
(3) When any amount of cess is due from any specified enterprise, the
Director-General may fine in a court of a Resident Magistrate having
jurisdiction over the area in which the specified enterprise carries on
business, a certificate stating-
(a) the name and address of the specified enterprise from whom -the
amount is due; and
(b) the amount due,
and upon the certificate being lodged in court the certificate shall be
deemed to be a plaint duly lodged under Order XXXV of the Civil
Procedure Code, 1966. and the court shall proceed in the matter in Acts 1966
accordance with the provisions of that Order, and in the event of a No. 49
judgment being given in favour of the plaintiff the court shall pass a
decree for payment by the defendant to the Organization of the amount
found due together with interest on that amount at five per cent per
month from the date, on which the certificate was filed until payment.
(4) The provisions of subsection (3) shall apply notwithstanding that
the amount involved exceeds the pecuniary jurisdiction of a court of a
Resident Magistrate.
(5) Every certificate filed in a court of a Resident Magistrate pursuant
to the provisions of subsection (3) shall, unless the contrary is proved,
be conclusive evidence of the truth of the statements contained in that
certificate.
20. For the proper performance of the functions of the Organization Power of
the Council shall, subject to any directions the Minister may give in. that council
behalf, have power to charge fees for services rendered by the Organiza- charge fees
tion.
21. With the prior approval of -the Minister, the Council may, from
time to time, invest any part of the moneys available in any fund of the
Organization m such investments as are authorized investments in
relation to investments of funds by a trustee under the Trustees Invest- Acts, 1967
ments Act, 1967. No 33
22.-(l) The Council may, from time to time, with the prior approval Power to
of the Minister, borrow moneys for the purposes of the Organization borrow
by way of loan or overdraft, and upon such security and such terms
and conditions relating to the repayment of the principal and the pay-
ments of interest as the Council may deem fit.
(3) Not less than two months before the beginning of every finan-
cial year (other than the first financial year) the Council shall, at a
meeting, pass a detailed budget (in this Act called the '' annual budget'')
of the amounts respectively-
(a) expected to be received; and
(b) expected to be disbursed,
by the Organization during that financial year, and whenever circum-
stances so require, the Council may pass a supplementary budget in any
financial year.
(4) The annual budget and every supplementary budget shall be in
such form and include such details as the Minister may approve.
Accounts 24.-(1) The Council shall cause to be provided and kept proper
and audit books of accounts and records with respect to-
(a) the receipt and expenditure of money by, and other financial
transaction of, the Organization;
(b) the assets and liabilities of the Organization.
and shall cause to be made out for every financial year a balance sheet
showing the details of the income and expenditure of the Organization
and all its assets and liabilities.
(2) Within six months of the close of every financial year the accounts
including the balance sheet of the Organization in respect of that financial
year shall be audited by the Tanzania Audit Corporation established
Acts 1968 by the Tanzania Audit Corporation Act, 1968.
No. 1
No. 5 Tanzania Industrial Research and Developt. Organization 1979 13
28. Where any order, direction or requirement made or given by the Notification
Minister or the Council under this Act is not required to be published of of orders
in the Gazette, the order, direction or requirement shall be brought to
the notice of persons affected or likely to be affected by it in any manner
determined by the Minister or the Council:
Provided that if the order, direction or requirement is published in
the Gazette, all persons shall be deemed to have had notice of it.
SCHEDULE
(Section 5 (2))
1.-(1) The Council shall consist of-
Composition
(a) a Chairman, who shall be appointed by the President; of Council
(b) the Direct or-General;
(c) not less than eight nor more than sixteen other members, who shall be appointed
by the Minister.
14 No. 5 Tanzania Industrial Research and Developt. Organization 1979
(2) The Council May appoint any employee of the Organization to be the Secretary
of the Council.
Vice- 2. The members shall elect one of their number to be the Vice-Chairman of the
Chairman Council, and any member elected as Vice-Chairman shall, subject to his continuing to be
a member hold office for a term of one year from the date of his election, and shall be
eligible for re-election.
Duty of 3. In making appointments of members of the Council, the Minister shall ensure that
Minister to every Person appointed by him is a person who, in his opinion, has the necessary
appoint able experience or qualification to enable that person to make a useful contribution to
and promi- deliberations of the Council and to assist the Council in the performance of its functions.
nent persons
Tenure of 4.-(1) Subject to sub-paragraph (2), a member of the Council shall, unless his
Appointment appointment is sooner determined by the appointing authority, or he otherwise ceases
to be a member, hold office for such period as the appointing authority may specify in
his appointment, or if no Period is so specified, shall hold office for a term of three
years from the date of his appointment, and shall be eligible for re-appointment.
(2) In the case of a member who is a member by virtue of his holding some other
office, he shall cease to be a member upon his ceasing to hold that office.
(3) Any member, other than a member referred to in sub-paragraph (2), may at any
time resign by giving notice in writing to the President or,as the case may be to the
Minister, and from the date specified in the notice or if no date is so specified, from the
date of the receipt of the notice by the President or the Minister, he shall cease to be a
member.
Absent 5. If a member of the Council who is a member by virtue of his holding some other
member to be office is unable for any reason to attend any meeting, he may nominate in writing
represented another Person from his organization to attend that meeting in his place.
at meetings
6. Where any member ceases to be a member for any reason before the expiration
Casual of his term of office, the appointing authority may appoint another Person in his place
vacancies
and the person so appointed shall hold office for the remainder of the term of office of
his Predecessor.
7.-(1) The Council shall ordinarily meet for the transaction of its business at the
Meetings of times and at the places determined by it, but shall meet at least once every three months.
the council
(2) The Chairman, or in his absence the Vice-Chairman, may at any time call a
special meeting of the Council, and shall call a special meeting upon a written request by
a majority of the members in office.
(3) The Chairman, or in his absence the Vice-Chairman, shall preside at every
meeting of the Council. In the absence of both the Chairman and the Vice-Chairman
the members present shall appoint one of their number to preside over the meeting.
(4) The Chairman, or in his absence the Vice-Chairman, may invite any Person who
is not a member to participate in the deliberations at any meeting of the Council, but
any person so invited shall not be entitled to vote.
8. The quorum at any meeting of the Council shall be half of the members in office.
Quorum
9.-(1) Questions proposed at a meeting of the Council shall be decided by a majo.
Decisions rity of the votes of the members present and voting and in the event of an equality
Of the
Council Of votes the person presiding shall have a second or casting vote in addition to his
deliberative vote.
(2) Notwithstanding sub-paragraph (1), a decision may be made by the Council
without a meeting by circulation of the relevant Papers among the members, and the
expression in writing of the views of the majority of the members.
10.-(l) The Council shall cause to be recorded and kept minutes of all business
Minutes of conducted or transacted at its meetings, and the minutes of each meeting of the Council
meeting
shall be read and confirmed, or amended and confirmed, at the next meeting of the
Council and signed by the person presiding at the meeting.
No. 5 Tanzania Industrial Research and Devetopt. Organization 1979 15
(2) Any minutes Purporting to be signed by the Person presiding at a meeting of the
Council shall, in the absence of Proof of error, be deemed to be a correct record of the
meeting whose minutes they purport to be.
11. The validity of any act or proceeding of the Council shall not be affected by any Vacancies
vacancy among its members or by any defect in the appointment of any of them. etc, not to
invalidate
proceedings
12. All orders, directions, notices or documents made or issued on behalf of the
Council shall be signed by- Orders,
directions
(a) the Chairman of the Council; or etc
(b) the Director-General or any or other officer of the Organization authorized in
writing in that behalf by the Director-General.
13. The seal of the Organization shall not be affixed to any instrument except in the Seal of the
Presence of the Chairman or the Vice-Chairman or the Director-General or some other Organization
officer of the Organization and at least one member of the Council.
14. Subject to the Provisions of this Schedule, the Council may regulate its own Council may
Proceedings. regulate
its own
proceeding
ina
Clerk of the National Assembly