The Centre for Agricultural Mechanization and Rural Technology Act
Official PDF Document Download
Read full text
©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.37 CHAPTER 181 THE CENTRE FOR AGRICULTURAL MECHANISATION AND RURAL TECHNOLOGY ACT [PRINCIPAL LEGISLATION] Arrangement of Sections Section Title part i PRELIMINARY PROVISIONS 1. Short title. 2. Interpretation. part ii THE CENTRE FOR AGRICULTURAL MECHANISATION AND RURAL TECHNOLOGY 3. Establishment of Centre. 4. Functions of Centre. 5. Vesting of assets and liabilities. 6. Composition and proceedings of Board. 7. Remuneration of members of Board. 8. Power of Board to delegate. 9. Minister may give directions to Board. part iii POWERS AND OPERATIONS OF THE CENTRE 10. Provisions relating to research and development. 11. Provisions relating to testing and manufacturing. 12. Dissemination and exchange of information. 13. Training of persons in rural technology. 14. Custody and disclosure of information furnished to Centre. 15. Inventions and discoveries. part iv ADMINISTRATIVE PROVISIONS 16. Appointment of Director-General and employees. 17. Transfer of employees. 18. Superannuation benefits. coveries. part iv ADMINISTRATIVE PROVISIONS 16. Appointment of Director-General and employees. 17. Transfer of employees. 18. Superannuation benefits. ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE CENTRE FOR AGRICULTURAL MECHANISATION ACT [CAP. 181 R.E. 2023] 38 19. Protection from personal liability. 20. Notification of orders. 21. Power of Minister to make regulations. part v FINANCIAL PROVISIONS 22. Funds of Centre. 23. Power to borrow. 24. Power to charge fees. 25. Minister may impose cess on agricultural machinery produced. 26. Investment. 27. Annual and supplementary budget. 28. Acounts and audit. 29. Annual Report. 30. Laying of reports before National Assembly. SCHEDULE 6. Investment. 27. Annual and supplementary budget. 28. Acounts and audit. 29. Annual Report. 30. Laying of reports before National Assembly. SCHEDULE ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.39 PART I PRELIMINARY PROVISIONS 1. This Act may be cited as the Centre for Agricultural Mechanisation and Rural Technology Act. 2. permission of OAG.39 PART I PRELIMINARY PROVISIONS 1. This Act may be cited as the Centre for Agricultural Mechanisation and Rural Technology Act. 2. In this Act, unless the context otherwise requires - “appropriate technology” includes all applied arts, machinery, equipment and processes which, through the use, or development, modification and use, of local resources, may be developed, adapted, produced, extended or implemented for use in rural areas in the fields of agriculture, energy, water supply, sanitation, health, building construction, transport and rural development generally; “Board” means the Board of Directors of the Centre, established under section 6; “Centre” means the Centre for Agricultural Mechanisation and Rural Technology established by section 3; “Director-General” means the Director-General of the Centre appointed under section 16; Short title Interpretation CHAPTER 181 THE CENTRE FOR AGRICULTURAL MECHANISATION AND RURAL TECHNOLOGY ACT An Act to establish the Centre for Agricultural Mechanisation and Rural Technology and to provide for the functions and powers of the Centre in relation to the promotion of the mechanisation of agricultural and rural technology. [13th January, 1982] [GN. No. 9 of 1982] Act No. 19 of 1981 GN. No. 167 of 2019 e promotion of the mechanisation of agricultural and rural technology. [13th January, 1982] [GN. No. 9 of 1982] Act No. 19 of 1981 GN. No. 167 of 2019 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE CENTRE FOR AGRICULTURAL MECHANISATION ACT [CAP. 181 R.E. 2023] 40 “existing projects” means the Tanzania Agricultural Machinery Testing Unit and the Arusha Appropriate Technology Project; “member” in relation to the Board, means a member of the Board and includes the Chairman and the Vice-Chairman; “Minister” means the Minister responsible for industries and trade; “rural development” means any activity or process which is intended to facilitate the application or development of appropriate technology and the improvement of rural life through local self-reliance; and “Technical Projects Committee” means the Committee established under section 10. PART II THE CENTRE FOR AGRICULTURAL MECHANISATION AND RURAL TECHNOLOGY 3.–(1) There is hereby established a Centre to be known as the Centre for Agricultural Mechanisation and Rural Technology. SATION AND RURAL TECHNOLOGY 3.–(1) There is hereby established a Centre to be known as the Centre for Agricultural Mechanisation and Rural Technology. (2) The Centre 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; and (c) subject to this Act, be capable of holding, purchasing, or acquiring in any other way, any movable or immovable property, and of disposing of any of its property. 4.–(1) The functions of the Centre shall be- (a) to take over and continue such of the functions and businesses of the existing projects as the Minister shall, by order published in the Gazette direct; (b) to carry out, and promote the carrying out of applied research designed to facilitate the designing, adaptation Establishment of Centre Functions of Centre rry out, and promote the carrying out of applied research designed to facilitate the designing, adaptation Establishment of Centre Functions of Centre ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.41 THE CENTRE FOR AGRICULTURAL MECHANISATION ACT [CAP. 181 R.E. erved. No part of this book may be reproduced or distributed without permission of OAG.41 THE CENTRE FOR AGRICULTURAL MECHANISATION ACT [CAP. 181 R.E. 2023] and development of machinery and equipment suitable for use in agricultural and rural development; (c) to develop and manufacture approved prototypes, components and cultural techniques and technologies, and evaluate their suitability for adaptation and alternative used in rural agricultural production; (d) to adapt foreign designs of agricultural machinery and equipment to suit local conditions of manufacture and maintenance, for use in rural agriculture; (e) to develop and manufacture approved prototypes, components and spares of agricultural machinery and equipment which are not available in large quantities in the United Republic; (f) to perform tests on all types of machinery and equipment intended for use in agricultural and rural development in the United Republic, and to publish the results of each such test; (g) to formulate and conduct short courses designed to provide practical training and further knowledge to village and other artisans in the use and maintenance of agricultural machinery and other appropriate technology machinery and equipment; (h) to advise and provide support services to organisations and persons undertaking the extension and implementation of programmes and projects resulting from the work of the Centre; (i) to offer consultancy services on the designing, testing and other technical aspects of agricultural and other machinery and equipment for use in rural development; (j) to offer consultancy services relating to the marketing, financial and other managerial aspects of agricultural and rural development through the adaptation and use of appropriate technology; (k) to provide relevant information and advice to the agricultural sector relating to the design, production, ation and use of appropriate technology; (k) to provide relevant information and advice to the agricultural sector relating to the design, production, ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE CENTRE FOR AGRICULTURAL MECHANISATION ACT [CAP. 181 R.E. 2023] 42 marketing, supply, use and maintenance of agricultural and other appropriate technology machinery and equipment; (l) to formulate and execute projects and programmes designed to encourage or facilitate the establishment and development of village workshops and other rural production and maintenance facilities; (m) to act as the national link with other national and international institutions engaged in activities related or similar to the functions of the Centre; and (n) to do anything which may be necessary to uphold and support the credit of the Centre, to obtain and justify public confidence, to avert or minimise any loss to the Centre and to facilitate the proper and efficient performance of its functions. in and justify public confidence, to avert or minimise any loss to the Centre and to facilitate the proper and efficient performance of its functions. (2) In particular, but without prejudice to the generality of subsection (1), the Centre may- (a) undertake, either alone or in association with any person or body of persons within or outside the United Republic, the establishment, equipment and management, on a zonal sectoral or other basis, of a Centre or centres within United Republic for the performance of any of its functions; (b) provide or facilitate the provision for the rural sector practical technical services by recruiting and training for the Centre the necessary skilled manpower, the establishment of units, workshops or farms for demonstration of the proper manufacture, use or maintenance of agricultural and other appropriate technology machinery and equipment; (c) provide to the Government, parastatals and other persons, technical services connected with the repair and maintenance of agricultural machinery and equipment; and (d) provide to industrial enterprises technical services connected with the design of prototype of agricultural icultural machinery and equipment; and (d) provide to industrial enterprises technical services connected with the design of prototype of agricultural ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.43 THE CENTRE FOR AGRICULTURAL MECHANISATION ACT [CAP. 181 R.E. 2023] and other appropriate technology machinery and equipment for manufacture or use in the United Republic. (3) For purposes of the better performance of its functions the Centre shall establish and maintain a system of consultation and co-operation with any person or body of persons established by or under any written law and having functions related to those specified in subsection (1) or (2) or which relate to agricultural mechanisation, technology research, appropriate technology development or to agricultural or industrial development generally. 5.–(1) The Minister shall, within three months from the commencement of this Act, by notice published in the Gazette, determine the businesses and functions of the existing projects which shall be taken over and continued by the Centre in accordance with the provisions of this Act. businesses and functions of the existing projects which shall be taken over and continued by the Centre in accordance with the provisions of this Act. (2) The Minister shall, in the order made under subsection (1), direct the manner in which and by whom, such of the businesses and functions of the existing projects not taken over by the Centre shall be continued. (3) Where a determination is made by the Minister in relation to a business or function of the existing projects in pursuance of subsection (1)- (a) all the assets and liabilities of the existing business or function in question shall, by virtue of this section and without further assurance, vest in the Centre with effect from the commencement of the order; (b) every person who, immediately before the commencement of the order, was managing the business of the existing projects shall upon the commencement of the order, do all things that are necessary or desirable for the effectual vesting in accordance with the provision of this Act of the assets and liabilities of the existing projects in relation to the business or function in question Vesting of assets and liabilities this Act of the assets and liabilities of the existing projects in relation to the business or function in question Vesting of assets and liabilities ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE CENTRE FOR AGRICULTURAL MECHANISATION ACT [CAP. 181 R.E. reserved. No part of this book may be reproduced or distributed without permission of OAG.THE CENTRE FOR AGRICULTURAL MECHANISATION ACT [CAP. 181 R.E. 2023] 44 subsisting immediately before the commencement of the order; (c) all the rights, privileges and advantages, and all the liabilities and obligations which, immediately before the commencement of the order, the existing projects, in relation to the business or function in question, where entitled or subject to, as the case may be, shall, upon the commencement of the order, by virtue of this paragraph and without any further assurance, be transferred to, and be vested in, the Centre for the purposes of this Act; (d) a reference in a deed, contract, bond or security or other instrument, to any existing project in relation to the business or function in question shall, upon the commencement of the order, be construed as reference to the Centre, and the Centre shall, subject to paragraph (c)- (i) be substituted for the existing project as a party to the instrument; (ii) be entitled to receive, and enforce payment of, any money payable under the instrument; (iii) be entitled to obtain transfer, conveyance or assignment of, and enforce possession of, any property which was or is to be transferred, conveyed or assigned under the instrument; (iv) be liable to make payment of any money payable under the instrument; and (v) be liable to transfer, convey or assign any property which was or is to be transferred, conveyed or assigned under the instrument, as the case may be; (e) a legal proceedings pending before any court or other tribunal which were commenced before the commencement of the order and to which any existing project is a party may, in so far as they relate to any property, right, liability or obligation vested in or imposed upon the Centre by this Act, or to any deed, party may, in so far as they relate to any property, right, liability or obligation vested in or imposed upon the Centre by this Act, or to any deed, ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.45 THE CENTRE FOR AGRICULTURAL MECHANISATION ACT [CAP. 181 R.E. 2023] bond, agreement, or document to which the Centre is deemed to be a party, be continued by or against the Centre, subject to paragraph (f); and (f) where any proceedings were instituted by or against any existing project before the commencement of the order in respect of any right, liability or obligation vested in the existing project in relation to the business or function in question, the Centre and every other party to those proceedings shall enjoy, exercise of all the rights, and discharge all the obligations, which might have been enjoyed or discharged in proceedings by or against the existing project. 6.–(1) There shall be established a Board of Directors of the Centre which shall, subject to this Act, be responsible for the performance of the functions and management of the affairs of the Centre. (2) The provisions of the Schedule to this Act shall have effect in respect of the construction of the Board, its proceedings and other matters relating to it. rovisions of the Schedule to this Act shall have effect in respect of the construction of the Board, its proceedings and other matters relating to it. (3) Save in the case of matters relating to the office and appointment of the Chairman of the Board, the Minister may, by order published in the Gazette, amend, add to, vary or replace any of the other provisions of the Schedule to this Act. 7.–(1) Subject to subsection (2), the members shall be entitled to such remuneration, fees or allowances for expenses as the Minister may, upon the recommendation of the Board, prescribe. (2) Remuneration, fees or allowances, except such allowances for expenses as may be expressly authorised by the Minister, shall not be paid to any member who is a public officer. 8.–(1) Subject to subsection (4), the Board may, by instrument in writing under the seal of the Centre, delegate to any Committee of its members or to any employee of the Centre any of its functions or powers under this Act, so that the Composition and proceedings of Board Remuneration of members of Board Power of Board to delegate f its functions or powers under this Act, so that the Composition and proceedings of Board Remuneration of members of Board Power of Board to delegate ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE CENTRE FOR AGRICULTURAL MECHANISATION ACT [CAP. 181 R.E. 2023] 46 delegated functions or powers may be exercised by the delegate in accordance with the terms of the instrument of delegation. (2) A delegation under this section may be made to the holder of an office under the Centre specifying the office but without naming the holder and in that case, each successive holder of the office in question, and each person who occupies or performs the duties of that office, may without any further authority, exercise the delegated function or power in accordance with the delegation made. (3) The Board may at any time revoke a delegation made under this section, and delegation so made shall not prevent the Board from itself exercising the function or power delegated. (4) The Board shall not delegate- (a) its power of delegation; and (b) the power to approve the annual budget, the annual balance sheet or any statement of accounts. 9. l not delegate- (a) its power of delegation; and (b) the power to approve the annual budget, the annual balance sheet or any statement of accounts. 9. The Minister may give to the Board directions of a general or specific character regarding the performance by the Centre of any of its functions under this Act, and the Board shall give effect to every direction given to it. PART III POWERS AND OPERATIONS OF THE CENTRE 10.–(1) The Board shall establish a Technical Projects committee which shall, subject to such general or specific directions as the Board may give in that behalf, be responsible for the study of all proposals for research and development in any aspect of rural technology. (2) Subject to any directions given by the Board under subsection (1), where it appears to the Director-General that it is necessary that any research or development project be carried out by the Centre in the performance of its functions, he shall take all such measures as are necessary to facilitate the carrying out of the research or development project or, as Minister may give directions to Board Provisions relating to research and development e the carrying out of the research or development project or, as Minister may give directions to Board Provisions relating to research and development ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.47 THE CENTRE FOR AGRICULTURAL MECHANISATION ACT [CAP. 181 R.E. 2023] the case may be, to obtain the decision of the Board on the proposals in question. (3) In determining whether or not any proposals for a research or development project be carried out by the Centre, the Director-General or, as the case may be, the Board, shall take into account- (a) the necessity or desirability and propriety of the research or development project proposed to be carried out by the Centre; (b) the anticipated costs of the proposed research or development project; (c) the possible beneficial consequences of the proposed research or development project on the programmes of the Centre of the promotion of rural technology and the mechanisation of agriculture; (d) the financial ability of the Centre to meet the anticipated costs of the proposed research or development project; and (e) the ability of the Centre to carry out the proposed research or development project having regard to other projects being carried out by the Centre. ) the ability of the Centre to carry out the proposed research or development project having regard to other projects being carried out by the Centre. (4) The Board may, after considering the factors specified in subsection (3) in respect of any proposed research or development project referred to it, approve or withhold its approval, and, in the latter case, may require that further information or particulars in connection with the proposed research be provided to the Board by the Director-General. 11.–(1) The Centre shall be the sole institution for the testing of such machinery and equipment intended for use in agriculture in the United Republic as the Minister may, by order published in the Gazette, prescribe. (2) For the purposes of the furtherance of the provisions of this section, and of the better performance of the functions of the Centre under this Act, the Board shall establish a system of co-operation with the Tanzania Bureau of Standards established Provisions relating to testing and manufacturing the Board shall establish a system of co-operation with the Tanzania Bureau of Standards established Provisions relating to testing and manufacturing ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE CENTRE FOR AGRICULTURAL MECHANISATION ACT [CAP. 181 R.E. 2023] 48 by the Standards Act, with a view to establishing factors to be taken into account in the testing of various machinery and equipment for use in agriculture in the United Republic. (3) The Minister may, upon the advice of the Board, by regulations published in the Gazette, make provision for regulating the exercise, the manner and the procedure for testing machinery and equipment, and may, in those regulations, provide for the compulsory testing of certain or all agricultural machinery or equipment prior to its importation or use in the United Republic. ions, provide for the compulsory testing of certain or all agricultural machinery or equipment prior to its importation or use in the United Republic. (4) Subject to any directions given by the Minister in that behalf, the Centre may undertake the manufacture, distribution or sale of any agricultural machinery and equipment designed by it and, for that purpose, the Centre shall manufacture- (a) approved prototypes of agricultural and other appropriate technology machinery or equipment the production of which is yet to be undertaken by institutions which deal with the production of such machinery and equipment; and (b) agricultural and other appropriate technology and equipment designed by it with a view to meeting the demand for them and securing revenue for the Centre. 12.–(1) The Centre shall establish a system of documentation and dissemination to interested persons or body of persons, and the exchange between them and the Centre of information relating to agricultural mechanisation and rural technology. (2) For purposes of this section, the Centre may collect, publish and disseminate literature and other materials on agricultural mechanisation and rural technology and other related subjects, and may provide facilities for the members of the public to have access to those materials. anisation and rural technology and other related subjects, and may provide facilities for the members of the public to have access to those materials. 13.–(1) The Centre may, either alone or in co-operation with any other person or body of persons within or outside the United Republic, conduct or arrange for the conduct of Cap. 130 Dissemination and exchange of information Training of persons in rural technology the United Republic, conduct or arrange for the conduct of Cap. 130 Dissemination and exchange of information Training of persons in rural technology ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.49 THE CENTRE FOR AGRICULTURAL MECHANISATION ACT [CAP. 181 R.E. 2023] courses for the training of selected persons in such fields of agricultural mechanisation and rural technology as may be determined by the Board. (2) Without prejudice to the generality of subsection (1), courses conducted in pursuance of this section shall be so designated as- (a) to be of the maximum possible benefit to technical personnel employed by manufacturing institutions; (b) to provide a firm theoretical and practical basis to persons involved in the management and operation of village and other rural workshops; and (c) to enhance and deepen the knowledge and technical skill of operators of various agricultural machinery and equipment so as to enable them to better use and maintain the machinery and equipment. hnical skill of operators of various agricultural machinery and equipment so as to enable them to better use and maintain the machinery and equipment. 14.–(1) Where in the performance of its functions the Centre secures any confidential information relating to agricultural mechanisation and rural technology, it shall keep that information for purposes of record, and may deal with or dispose of it in such manner and for such purposes as the Minister may approve or direct. (2) Save where the Minister directs otherwise, all information secured by the Centre in accordance with subsection (1) shall be treated as confidential. (3) Subject to subsection (4), a member or officer of the Centre who communicates any confidential information to any person other than a person to whom he is authorised to communicate it or to whom it is, in the interests of the United Republic, his duty to communicate it, commits an offence and on conviction, shall be liable to a fine not exceeding four thousand shillings or imprisonment for a term not exceeding twelve months or to both. (4) Subsection (3) shall not apply to the disclosure of information made for purposes of any legal proceedings instituted under this Act or for purposes of a report relating to those proceedings. Custody and disclosure of information furnished to Centre eedings instituted under this Act or for purposes of a report relating to those proceedings. Custody and disclosure of information furnished to Centre ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE CENTRE FOR AGRICULTURAL MECHANISATION ACT [CAP. 181 R.E. 2023] 50 (5) In a prosecution for a contravention of subsection (3), it shall not be a defence for the accused person to prove that when he communicated the information he did not know and could not reasonably have known that it was confidential information. 15.–(1) Where as a result of a research carried out by or on behalf of the Centre anything is invented or discovered, the invention or discovery shall become the property of the Centre. (2) For purposes of the commercial exploitation of any invention or discovery which the Centre considers important for, or incidental to, the performance of its functions, the Centre may arrange with any person or body of persons to buy, sell, take or grant patent rights in the invention or discovery, subject to terms approved by the Board. ge with any person or body of persons to buy, sell, take or grant patent rights in the invention or discovery, subject to terms approved by the Board. (3) The Centre may, with the prior approval of the Minister, enter into any arrangement under subsection (2) one of the terms of which requires the Centre 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 the Minister, the Centre 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 Centre for any one financial year. (5) Every invention or discovery made as result of research carried out under this Act, shall be registered by the Centre in such form and upon such conditions as the Minister may, by regulation made under this Act, prescribe. (6) The Centre may, with the prior approval of the Minister, grant to any person who makes an invention or discovery, or who materially assists or contributes to the making of that invention or discovery, such reward as may be approved by the Board. (7) A reward granted by the Centre under this Act shall not be deemed to be, and shall not preclude any person or body Inventions and discoveries ard. (7) A reward granted by the Centre under this Act shall not be deemed to be, and shall not preclude any person or body Inventions and discoveries ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.51 THE CENTRE FOR AGRICULTURAL MECHANISATION ACT [CAP. 181 R.E. 2023] of persons from making a proposal for the grant of an award under the provisions of the Tanzania Commission for Science and Technology Act. PART IV ADMINISTRATIVE PROVISIONS 16.–(1) The President shall appoint, upon such terms and conditions as he may specify, a Director-General of the Centre who shall be the Chief Executive Officer of the Centre. (2) The Board may, appoint such number of other employees of the Centre as it may deem necessary for the proper and efficient conduct of the business and affairs of the Centre. such number of other employees of the Centre as it may deem necessary for the proper and efficient conduct of the business and affairs of the Centre. 17.–(1) Every person who, immediately before the commencement of the order made under section 5 in relation to the business and functions of any existing project, was employed by the existing project in connection with the operation and management of the business or function of that existing project which is vested in the Centre by section 5 shall, with effect from the commencement of the order in question, be employed, and as from that date shall be deemed to have become employed by the Centre. with effect from the commencement of the order in question, be employed, and as from that date shall be deemed to have become employed by the Centre. (2) After a person becomes an employee of the Centre by virtue of subsection (1), the terms and conditions of service applicable to him in his employment with the Centre shall, except where the President directs otherwise, be not less favourable than those which were applicable to him immediately before his transfer to the service of the Centre and he shall be deemed to have been appointed to the service of the Centre in such office as the Board may determine, and for the purpose of determining any right to gratuity or other superannuation benefit, his service with the Centre shall be regarded as continuous with his service immediately before the commencement of the order under section 5 in relation to the business or function of the existing project concerned. Cap. 226 Appointment of Director-General and employees Transfer of employees n relation to the business or function of the existing project concerned. Cap. 226 Appointment of Director-General and employees Transfer of employees ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE CENTRE FOR AGRICULTURAL MECHANISATION ACT [CAP. 181 R.E. 2023] 52 (3) After a person becomes an employee of the Centre by virtue of subsection (1), his employment immediately before his employment by the Centre shall be deemed to be continuous employment by one employer within the Employment and Labour Relations Act, and that Act shall apply to the parties in the same manner as it applies to the case set out in subsection (1). 18. Subject to the provisions of any written law for the time being in force relating to pensions, the Board may- (a) grant gratuities or other retirement allowances or benefits to the employees of the Centre; (b) establish and contribute to a superannuation fund or a medical benefits fund for the employees of the Centre; and (c) require any employee of the Centre to contribute to the superannuation fund or medical benefits fund and fix the amounts and method of payment of the contribution. 19. yee of the Centre to contribute to the superannuation fund or medical benefits fund and fix the amounts and method of payment of the contribution. 19. Without prejudice to the provisions of section 284A of the Penal Code, the provisions of the Public Officers (Recovery of Debts) Act, an act or thing done or omitted by any member or by any employee of the Centre shall not, where done or omitted bona fide in the execution or purported execution of his duties as a member or as an employee of the Centre, subject him to any action, liability or demand of any kind. 20. Where any order, direction or requirement made or given by the Minister or the Board under this Act is not required to be published in the Gazette, the order, direction or requirement shall be brought to the notice of persons affected or likely to be affected by where in any manner determined by the Minister or the Board, but where the order, direction or requirement is published in the Gazette, all persons shall be deemed to have had notice of it. Cap. 366 Superannuation benefits Protection from personal liability Cap. 16 Cap. 76 Notification of orders Cap. 386 e deemed to have had notice of it. Cap. 366 Superannuation benefits Protection from personal liability Cap. 16 Cap. 76 Notification of orders Cap. 386 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.53 THE CENTRE FOR AGRICULTURAL MECHANISATION ACT [CAP. 181 R.E. 2023] 21.–(1) The Minister may, after consultation with the Board, make regulations- (a) prescribing or providing for anything which under this Act is required or permitted to be prescribed or provided for; or (b) which, in his opinion, are necessary for the better giving effect to the purposes and provisions of this Act. (2) Regulations made under this Act shall be published in the Gazette. PART V FINANCIAL PROVISIONS 22. The funds and resources of the Centre shall consist of- (a) such sums as may be provided by Parliament for the purposes of the Centre; (b) such sums as the Centre may receive either in the form of cess pursuant to section 25 or as fees for services rendered by the Centre; (c) such donations, grants, bequests and loans as the Centre may, receive from any person or body of persons; and (d) any sums or property which may vest in the Centre under this Act or any other written law or which may vest in the Centre in any other manner in the performance of its functions. ay vest in the Centre under this Act or any other written law or which may vest in the Centre in any other manner in the performance of its functions. 23.–(1) The Board may, with the prior approval of the Minister, borrow moneys for purposes of the Centre by way of loan or overdraft, and upon such security and such terms and conditions relating to the repayment of the principal and the payment of interest as the Board may deem fit. (2) A person lending money to the Centre shall not be bound to enquire whether the borrowing of that money by the Board has been approved by the Minister. Power of Minister to make regulations Funds of Centre Power to borrow ther the borrowing of that money by the Board has been approved by the Minister. Power of Minister to make regulations Funds of Centre Power to borrow ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE CENTRE FOR AGRICULTURAL MECHANISATION ACT [CAP. 181 R.E. 2023] 54 24. For the proper performance of the functions of the Centre the Board may, subject to any directions given by the Minister in that behalf, charge fees for services rendered by the Centre. 25.–(1) Where the Minister considers it fit in the public interest, he may, after consultation with the Minister responsible for finance, by order published in the Gazette, impose cess payable to the Centre on agricultural and other appropriate technology machinery and equipment specified in the order, and any firm or organisation producing the machinery and equipment specified in the order, in this section referred to as “the specified enterprise”, shall take all necessary measures to pay the Centre such amount of cess and in such manner as may be specified in the order. he specified enterprise”, shall take all necessary measures to pay the Centre 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 Centre, and the amount so payable shall be a debt due to the Centre 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 authorised by him in that behalf. overed from the specified enterprise as a civil debt by a suit at the instance of the Director-General or any person authorised by him in that behalf. (3) Where any amount of cess is due from any specified enterprise, the Director-General may file 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 it shall be deemed to be a plaint duly lodged under the Civil Procedure Code and the court shall proceed in the matter in accordance with the provisions of the code, and in the event of a judgment being given in favour of the plaintiff the court shall pass a decree for payment by the defendant to the Centre of the amount found due together with interest on that amount at five percent per month from the date on which the certificate was filed until payment. Power to charge fees Minister may impose cess on agricultural machinery produced Cap. 33 om the date on which the certificate was filed until payment. Power to charge fees Minister may impose cess on agricultural machinery produced Cap. 33 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.55 THE CENTRE FOR AGRICULTURAL MECHANISATION ACT [CAP. 181 R.E. 2023] (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. 26. With the prior approval of the Minister, the Board may, invest any part of the moneys available in any fund of the Centre in such investments as are authorised investments in relation to investments of funds by a trustee under the Trustees Investment Act. 27.–(1) Subject to subsection (2), “financial year” in this Act means any period not exceeding twelve consecutive months designated by the Board as the accounting period of the Centre. “financial year” in this Act means any period not exceeding twelve consecutive months designated by the Board as the accounting period of the Centre. (2) The first financial year of the Centre shall commence on the date when this Act comes into operation and may be of a period longer or shorter than twelve months. (3) Not less than two months before the beginning of every financial year, other than the first financial year, the Board 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 Centre during that financial year, and whenever circumstances so require, the Board 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. (5) Immediately upon passing any annual budget or any supplementary budget, the Board shall submit to the Minister for his approval the annual budget or, as the case may be, the supplementary budget. Investment Cap. 53 Annual and supplementary budget o the Minister for his approval the annual budget or, as the case may be, the supplementary budget. Investment Cap. 53 Annual and supplementary budget ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE CENTRE FOR AGRICULTURAL MECHANISATION ACT [CAP. 181 R.E. 2023] 56 (6) The Minister shall, upon receipt of the annual budget or any supplementary budget, approve or disapprove it or may approve it subject to any amendments which he considers fit. (7) Where the Minister approves any annual or supplementary budget, with or without amendment, the budget as approved by him shall be binding on the Board which, subject to subsection (8), shall confine the disbursements of the Centre within the items and amounts contained in the applicable estimates as approved by the Minister. (8) The Board may- (a) with the sanction in writing of the Minister, make a disbursement notwithstanding that disbursement is not provided for in any budget; and (b) adjust expenditure limits to take account of circumstances not reasonably foreseeable at the time the budget was prepared, subject to submitting a supplementary budget to the Minister within two months of the alteration of expenditure limits becoming necessary. s prepared, subject to submitting a supplementary budget to the Minister within two months of the alteration of expenditure limits becoming necessary. 28.–(1) The Board shall cause to be provided and kept proper books of accounts and records with respect to- (a) the receipt and expenditure of money by, and other financial transactions of the Centre; and (b) the assets and liabilities of the Centre, and shall cause to be made out for every financial year, a balance sheet showing the details of the income and expenditure of the Centre and all its assets and liabilities. (2) Within three months of the close of every financial year the accounts including the balance sheet and the profit and loss account of the Centre in respect of that financial year shall be submitted to the Controller and Auditor-General established by the Public Audit Act, and shall be audited by it as soon as practicable after they have been submitted, and in any case not later than six months after the close of the financial year of the Centre. Acounts and audit Cap. 418 er they have been submitted, and in any case not later than six months after the close of the financial year of the Centre. Acounts and audit Cap. 418 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.57 THE CENTRE FOR AGRICULTURAL MECHANISATION ACT [CAP. 181 R.E. 2023] (3) Every audited balance sheet shall be placed before a meeting of the Board which, if it adopts it, shall endorse the balance sheet with a certificate that it has been so adopted. (4) As soon as the accounts of the Centre have been audited, and in any case not later than six months after the close of the financial year, the Board shall submit to the Minister a copy of the audited statement of account together with a copy of the report on that statement of accounts made by the auditors. 29. to the Minister a copy of the audited statement of account together with a copy of the report on that statement of accounts made by the auditors. 29. The Board shall, within six months after the close of the financial year, cause to be prepared and submitted to the Minister, a report dealing generally with the activities and operations of the Centre during that year and accompanied by- (a) a copy of the audited balance sheet and profit and loss statement of the Centre; (b) a copy of the auditors’ report on the audited accounts of the Centre; (c) any management audit report submitted by the auditors; and (d) such other information as the Minister may direct. 30.–(1) The Minister shall, as soon as practicable after he has received the reports and in any case not later than eight months after the close of the financial year or such longer period as the National Assembly may, by resolution, approve in that behalf, lay before the National Assembly the following documents in relation to that financial year- (a) a copy of the audited balance sheet and profit and loss statement of the Centre; (b) a copy of the auditors’ report on the audited accounts of the Centre; and (c) a copy of the Directors’ report of the Centre dealing with its activities during that financial year. t on the audited accounts of the Centre; and (c) a copy of the Directors’ report of the Centre dealing with its activities during that financial year. (2) Where, at the end of six months from the close of the financial year the Minister has not received from the Board the documents specified in section 29, he shall, before the Annual Report Laying of reports before National Assembly r has not received from the Board the documents specified in section 29, he shall, before the Annual Report Laying of reports before National Assembly ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE CENTRE FOR AGRICULTURAL MECHANISATION ACT [CAP. 181 R.E. 2023] 58 expiry of the seventh month after the close of the financial year, or so soon after non-receipt of the documents as the National Assembly meets, cause the National Assembly, by resolution, to approve such longer period it may determine within which the Minister shall lay the documents before the National Assembly. SCHEDULE (Made under section 6(2)) COMPOSITION FUNCTIONS AND PROCEDURE OF THE BOARD 1.–(1) The Board shall consist of- (a) a Chairman, who shall be appointed by the President; (b) not less than five and not more than eight other members, who shall be appointed by the Minister. (2) The Board may appoint an employee of the Centre to be the Secretary of the Board. 2. The members shall elect one of their number to be the Vice-Chair- man of the Board, 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 be eligible for re-election. 3. shall, subject to his continuing to be a member, hold office for a term of one year from the date of his election, and be eligible for re-election. 3. In making appointments of members of the Board, the Minister shall ensure that every person appointed by him is a person who, in his opin- ion, has the necessary experience or qualification to enable that person to make a useful contribution to the deliberations of the Board and to assist the Board in the performance of its functions. 4.–(1) Subject to subparagraph (2), a member of the Board shall, unless his 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 where no peri- od 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) A member, other than a member referred to in subparagraph (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 Composition of Board GN. No. sign by giving notice in writing to the President or, as the case may be, to the Minister, and from the date specified in Composition of Board GN. No. 167 of 2019 Vice-Chairman Duty of Minister to appoint able and prominent persons Tenure of appointment 167 of 2019 Vice-Chairman Duty of Minister to appoint able and prominent persons Tenure of appointment ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.59 THE CENTRE FOR AGRICULTURAL MECHANISATION ACT [CAP. 181 R.E. 2023] 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. 5.Where a member of the Board who is a member by virtue of his hold- ing some other office is unable for any reason to attend any meeting, he may nominate in writing another person from his organisation to at- tend that meeting in his place. 6. Where any member ceases to be a member for any reason before the expiration of his term of office, the appointing authority may appoint an- other person in his place and the person so appointed shall hold office for the remainder of the term of office of his predecessor. 7.–(1) The Board shall ordinarily meet for the transaction of its busi- ness at the time and the places determined by it, but shall meet at least once every three months. ll ordinarily meet for the transaction of its busi- ness at the time and the places determined by it, but shall meet at least once every three months. (2) The Chairman, or in his absence the Vice-Chairman, may at any time call a special meeting of the Board, and shall call 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 Board. 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 Board, but any person so invited shall not be entitled to vote. 8. The quorum at any meeting of the Board shall be five of the members in office. 9.–(1) Questions proposed at a meeting of the Board shall be decided by a majority of the votes of members present and voting and in the event of an equality of votes, the person presiding shall have a second or casting vote in addition to his deliberative vote. nt and voting and in the event of an equality of votes, the person presiding shall have a second or casting vote in addition to his deliberative vote. (2) Notwithstanding subparagraph (1), a decision may be made by the Board 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.–(1) The Board shall cause to be recorded and kept minutes of all business conducted or transacted at its meetings, and the minutes of each meeting of the Board shall be read and confirmed, or amended and confirmed at the next meeting of the Board and signed by the per- son presiding at the meeting. (2) Any minutes purporting to be signed by the person presiding at a meeting of the Board shall, in the absence of proof of error, be deemed to be a correct record of the meeting whose minutes they purport to be. Absent member to be represented at meetings Casual vacancies Meetings of Board Quorum GN. No. 167 of 2019 Decisions of the Board Minutes of meetings . Absent member to be represented at meetings Casual vacancies Meetings of Board Quorum GN. No. 167 of 2019 Decisions of the Board Minutes of meetings ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE CENTRE FOR AGRICULTURAL MECHANISATION ACT [CAP. 181 R.E. 2023] 60 11. The validity of any act or proceeding of the Board shall not be affect- ed by any vacancy among its members or by any defect in the appoint- ment of any of them. 12. All orders, directions, notices or documents made or issued on be- half of the Board shall be signed by- (a) the Chairman of the Board; or (b) the Director-General or any other officer of the Centre authorised in writing in that behalf by the Director-General. 13. The seal of Centre shall not be affixed to any instrument except in the presence of the Chairman, the Vice-Chairman, the Director-Gen- eral or some other officer of the Centre and at least one member of the Board. 14. Subject to the provisions of this Schedule, the Board may regulate its own proceedings. Vacancies, etc., not to invalidate proceedings directions, etc. Orders, directions act. The seal of Centre Board may regulate its own proceedings
Have questions about this law?
Ask Ubutabera AI for instant, cited answers — free with an account. Save laws and download official PDFs too.
Create a free account