The Kariakoo Market Corporation Act

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CHAPTER 132
THE KARIAKOO MARKET CORPORATION ACT
[PRINCIPAL LEGISLATION]
Arrangement of Sections
Section Title
part i
PRELIMINARY PROVISIONS
1. Short title.
2. Interpretation.
part ii
THE KARIAKOO MARKET CORPORATION
3. Establishment of Corporation.
4. Functions of Corporation.
5. Management of Corporation.
6. Officers and employees.
7. Powers of Minister in relation to Board.
8. Authorised capital.
9. Payment of subscription.
part iii
CONTROL AND MANAGEMENT OF MARKET
10. Construction.
11. Kariakoo Market.
12. President may vest control and management.
13. Provisions relating to land.
14. Control and management of specified market.
15. By laws.
16. Compounding of offences.
part iv
FINANCIAL PROVISIONS
17. Funds of Corporation.
18. Power to borrow.
19. Annual and supplementary budget.
20. Investment.
21. Accounts and audit.

rt iv
FINANCIAL PROVISIONS
17. Funds of Corporation.
18. Power to borrow.
19. Annual and supplementary budget.
20. Investment.
21. Accounts and audit.

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THE KARIAKOO MARKET CORPORATION ACT [CAP. 132 R.E. 2023]
22. General Manager’s report.
23. Annual statement of accounts and report to be laid before National Assembly.
24. Fees and allowances.
25. Proceedings of Board not to be invalid by reason of irregularity.
26. Protection of members of Board and officers of Corporation.
part v
MISCELLANEOUS PROVISIONS
27. Omitted.
28. Disapplication of other laws.
SCHEDULE

6. Protection of members of Board and officers of Corporation.
part v
MISCELLANEOUS PROVISIONS
27. Omitted.
28. Disapplication of other laws.
SCHEDULE

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CHAPTER 132
THE KARIAKOO MARKET CORPORATION ACT
An Act to establish the Kariakoo Market Corporation and to provide for the
functions, powers, management and control of the Corporation.
[25th May, 1975]
[GN. No. 106 of 1975]
Acts Nos.
36 of 1974
16 of 1985
GN. No.
30 of 1978
PART I
PRELIMINARY PROVISIONS
1. This Act may be cited as the Kariakoo Market Corporation
Act.
2. In this Act, unless the context otherwise requires-
“Board” means the Board of Directors established under
section 5;
“Corporation” means the Kariakoo Market Corporation
established by section 3;
“Minister” means the Minister responsible for regional
administration.
PART II
THE KARIAKOO MARKET CORPORATION
3. There is established a corporation to be known as the
Kariakoo Market Corporation which shall-
(a) have perpetual succession and a common seal;
(b) in its corporate name be capable of suing and being
sued; and
(c) be capable of purchasing and otherwise acquiring, any
movable or immovable property.
Short title
Interpretation
Establishment of
Corporation

; and
(c) be capable of purchasing and otherwise acquiring, any
movable or immovable property.
Short title
Interpretation
Establishment of
Corporation

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THE KARIAKOO MARKET CORPORATION ACT [CAP. 132 R.E. 2023]
4.–(1) The function of the Corporation shall be-
(a) to control and manage markets;
(b) subject to the provisions of this Act, establish markets;
(c) subject to the provisions of this Act, to levy stallage,
rents, fees and tolls in respect of the use by any person
of any market the control and management of which is
vested in the Corporation;
(d) to sell, buy or otherwise deal in goods at any market;
(e) to do anything or enter into any transaction which, in
the opinion of the Board, is calculated to facilitate the
proper and efficient carrying out of its activities and the
proper exercise of its functions under this Act; and
(f) to do all such acts and things as may be necessary to
uphold and support the credit of the Corporation and
to obtain and justify public confidence, and to avert or
minimise any loss to the Corporation.

to
uphold and support the credit of the Corporation and
to obtain and justify public confidence, and to avert or
minimise any loss to the Corporation.

(2) In exercising its functions of control and management
of any market, the Corporation shall have regard to-
(a) the political, economic and social aspirations of the
people of the United Republic; and
(b) the health and general welfare of the members of the
public. 5.–(1) There shall be a Board of Directors of the Corporation,
which shall, subject to this Act, be responsible for the policy,
control and management of the Corporation. (2) The Board shall consist of-
(a) a Chairman, who shall be appointed by the President;
(b) such other members, being not less than five but not
more than ten, as the Minister may appoint. (3) The Chairman and other members of the Board shall be
appointed from amongst persons who have had experience of,
and shown capacity in, agricultural, commercial or financial
matters, administration or the organisation of workers. (4) There shall be a General Manager of the Corporation
who shall be appointed by the President. Functions of
Corporation
Management of
Corporation

s. (4) There shall be a General Manager of the Corporation
who shall be appointed by the President. Functions of
Corporation
Management of
Corporation

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THE KARIAKOO MARKET CORPORATION ACT [CAP. 132 R.E. 2023]
(5) The members of the Board shall elect one of the members
to be the Deputy Chairman. (6) The Minister may make regulations with respect to-
(a) the appointment of, the tenure and vacation of office by
the members of the Board;
(b) the quorum, proceedings, meetings and decisions of
the Board; and
(c) the execution of instruments and the mode of entering
into contracts by or on behalf of the Corporation and
the proof of documents purporting to be executed,
issued or signed by the Corporation or by a member of
the Board, officer, or servant of the Corporation. (7) Subject to any regulations made under subsection (6),
the Board shall have power to regulate its own procedure. 6.–(1) The Board may employ such officers and other
employees of the Corporation as in the opinion of the Board,
are necessary for the efficient performance of the functions of
the Corporation under this Act.

ees of the Corporation as in the opinion of the Board,
are necessary for the efficient performance of the functions of
the Corporation under this Act.

(2) The Board may delegate to the General Manager its
function of appointing officers and employees either generally
or in relation to any category of officers and employees. 7.–(1) The Minister may give to the Board directions of a
general character as to the exercise and performance by the
Board of its functions in relation to matters appearing to the
Minister to affect the national interest and the Board shall give
effect to any such direction. (2) The Board shall afford to the Minister facilities for
obtaining information with respect to the property and
activities of the Corporation and shall furnish the Minister
with returns, accounts and other information with respect
to them and afford the facilities for the verification of the
information furnished, in such manner and at such times as
the Minister may require. Officers and
employees
Powers of
Minister in
relation to Board

he
information furnished, in such manner and at such times as
the Minister may require. Officers and
employees
Powers of
Minister in
relation to Board

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THE KARIAKOO MARKET CORPORATION ACT [CAP. 132 R.E. 2023]
8.–(1) The authorised nominal capital of the Corporation
shall be twenty five million shillings divided into two hundred
and fifty shares having a par value of one hundred thousand
shillings each. (2) The shares of the Corporation shall be subscribed to by
the Government of the United Republic and the Dar es Salaam
City Council. (3) The shareholders shall subscribe and the Corporation
shall allot the shares in the following amounts-
(a) the Government of the United Republic ... 49 per
centum; and
(b) the Dar es Salaam City Council ................ 51 per centum. 9.–(1) Payment for the shares allotted to the Government of
the United Republic under subsection (2) of section 8, shall
be made in such manner as the Minister and the Minister
responsible for finance, may agree.

e United Republic under subsection (2) of section 8, shall
be made in such manner as the Minister and the Minister
responsible for finance, may agree.

(2) Payment for any further share or shares issued by the
Corporation and allotted to the government of the United
Republic shall be made in such manner as the Minister may,
after consultation with the Board and the Minister responsible
for finance, decide. PART III
CONTROL AND MANAGEMENT OF MARKET
10. In this Act, “specified market” means the Kariakoo Market
and includes any other market the control and management of
which, is vested in the Corporation by an order made under
section 12. 11.–(1) The control and management of the Kariakoo
Market, described in the Schedule to this Act, is vested in the
Corporation. (2) The Minister may, by order in the Gazette, amend the
description in the Schedule to this Act. Authorised
capital
GN. No. 30 of 1978
Act No. 16 of 1985 s. 2
Payment of
subscription
Construction
Kariakoo Market

iption in the Schedule to this Act. Authorised
capital
GN. No. 30 of 1978
Act No. 16 of 1985 s. 2
Payment of
subscription
Construction
Kariakoo Market

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THE KARIAKOO MARKET CORPORATION ACT [CAP. 132 R.E. 2023]
12.–(1) The President may by order in the Gazette-
(a) vest in the Corporation the control and management of
any other market within Dar es Salaam Region; or
(b) authorise the Corporation to establish a market
anywhere within Dar es Salaam Region and control
and manage the market so established. 13. The Corporation shall be granted a right of occupancy over
the land over which a specified market exists subject to such
terms and conditions, as the President may approve:
Provided that, the fact that no right of occupancy over
any such land has been granted to the Corporation, shall not
preclude the Corporation from exercising any of its rights
under this Act in relation to the specified market and no person
shall, in any proceedings under any by-laws made under this
Act, be entitled to question the validity of such by-laws on the
ground that no such right of occupancy has been granted. 14.

by-laws made under this
Act, be entitled to question the validity of such by-laws on the
ground that no such right of occupancy has been granted. 14.

It shall be the duty of the Corporation to ensure that every
specified market-
(a) is kept clean and does not constitute a hazard to public
health, safety or general welfare;
(b) has an adequate supply of fresh water and, where
possible, of electricity; and
(c) is managed in an efficient manner. 15.–(1) The Corporation may, with the consent of the Minister
make by-laws-
(a) regulating the use of specified markets and market
buildings and keeping order, preventing obstructions
and maintaining cleanliness of the market and in the
approaches of the market;
(b) prescribing the goods which may be sold in any
specified market;
(c) prohibiting the sale of any specified kind of goods
within any area except in a specified market;
President may
vest control and
management
Provisions
relating to land
Control and
management of
specified market
By laws

except in a specified market;
President may
vest control and
management
Provisions
relating to land
Control and
management of
specified market
By laws

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THE KARIAKOO MARKET CORPORATION ACT [CAP. 132 R.E. 2023]
(d) requiring goods brought into specified market for sale
to be sold by such weights and measures as may be
prescribed;
(e) prescribing stallage, rents or tolls and fees for inspection
of produce and providing for their collection;
(f) appointing the days and the hours during each day on
which a specified market shall be open to the public
and preventing the sale and purchase of goods in a
specified market on any days or at any hours except
those prescribed in the by-laws;
(g) providing for the examination of produce or articles of
food to be sold in a specified market and prohibiting
the adulteration of any such produce or article of food;
(h) providing for the inspection of any produce or article
of food to be sold in a specified market;
(i) regulating the duties and conduct of inspectors and
other persons appointed for the purposes of the
management of specified markets; and
(j) generally for the efficient control and management of
specified markets.

ns appointed for the purposes of the
management of specified markets; and
(j) generally for the efficient control and management of
specified markets.

(2) By-laws made under subsection (1) may be made either
in relation to any particular specified market or generally, in
relation to all specified markets. (3) By-laws made under this section shall be published
in the Gazette and a copy of a Kiswahili translation, shall be
posted up in a conspicuous place in the specified market to
which they relate:
Provided that, failure to display a Kiswahili translation shall
not constitute a defence in any proceedings for an offence
involving the contravention of any provision of such by-laws. (4) There may be annexed to the breach of any by-law
made under this section a penalty not exceeding a fine of five
thousand shillings or a term of imprisonment not exceeding
two years or to both and the by-law may provide for the
forfeiture of any goods in relation to which such contravention
has been committed.

exceeding
two years or to both and the by-law may provide for the
forfeiture of any goods in relation to which such contravention
has been committed.

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THE KARIAKOO MARKET CORPORATION ACT [CAP. 132 R.E. 2023]
16.–(1) The Board may, in writing and under the seal of the
Corporation, appoint any officer of the Corporation, in this
section referred to as “the proper officer”, to be the proper
officer in relation to a specified market. (2) Where a proper officer is satisfied that any person has
committed an offence under any by-law made under this Act,
the proper officer may compound such offence by requiring
such person to make payment of a sum of money:
Provided that-
(a) such sum of money shall not be less than thirty shillings
or more than two hundred shillings;
(b) the power conferred by this section shall only be
exercised where the person admits in writing that he
has committed the offence and that he agrees to the
offence being compounded under this section; and
(c) the proper officer shall give to the person from whom
the proper officer receives such amount of money, a
receipt.

pounded under this section; and
(c) the proper officer shall give to the person from whom
the proper officer receives such amount of money, a
receipt.

(3) Where an offence is compounded in accordance with
the provisions of subsection (2) and proceedings are brought
against the offender for the same offence, it shall be a defence
if the offender proves to the satisfaction of the court that
the offence with which the offender is charged has been
compounded under subsection (2). (4) Where a person is aggrieved by any order made under
subsection (2) he may, within thirty days of such order being
made, appeal against such order to the High Court and the
provisions of Part X of the Criminal Procedure Act shall apply
mutatis mutandis to every such appeal as if it were an appeal
against a sentence passed by a district court in the exercise of
its original jurisdiction. Compounding of
offences
Cap. 20

al as if it were an appeal
against a sentence passed by a district court in the exercise of
its original jurisdiction. Compounding of
offences
Cap. 20

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THE KARIAKOO MARKET CORPORATION ACT [CAP. 132 R.E. 2023]
PART IV
FINANCIAL PROVISIONS
17. The funds and resources of the Corporation shall consist
of-
(a) the paid-up share capital;
(b) the capital raised by the issue of any further share or
shares;
(c) such sums as may be provided by Parliament by way of
loan for the purposes of the Corporation;
(d) any sums borrowed by the Corporation in accordance
with the provisions of this Act; and
(e) any fees, rent, stallage, charges and other sums which
may in any manner become payable to or vested in the
Corporation under this Act or under any by-laws made
under this Act or in the course of any trading operation
or other activity carried on by the Corporation. 18.–(1) With the approval of the Minister, the Board may
borrow moneys for the purposes of the Corporation by way of
loan or overdraft and upon such security, terms and conditions
relating to the repayment of the principal and the payment of
the interest as, subject to any directions by the Minister, the
Board may deem fit.

ions
relating to the repayment of the principal and the payment of
the interest as, subject to any directions by the Minister, the
Board may deem fit.

(2) A person lending money to the Corporation shall not
be bound to enquire whether the borrowing by the Board has
been approved by the Minister. 19.–(1) In this Act “financial year” means any period not
exceeding twelve consecutive months, designated in that
behalf by the Board:
Provided that, the first financial year after the
commencement of this Act, shall commence on the date of the
commencement of this Act and may be of a longer or shorter
period than twelve months. (2) Not less than two months before the beginning of any
financial year, other than the first financial year, the Board
Funds of
Corporation
Power to borrow
Annual and
supplementary
budget

e beginning of any
financial year, other than the first financial year, the Board
Funds of
Corporation
Power to borrow
Annual and
supplementary
budget

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THE KARIAKOO MARKET CORPORATION ACT [CAP. 132 R.E. 2023]
shall, at a meeting specifically convened for that purpose, pass
a detailed budget, in this section referred to as “the annual
budget”, of the amounts respectively-
(a) expected to be received; and
(b) expected to be disbursed, by the Corporation during
that financial year. (3) Where in any financial year, the Board intends to make
any disbursements not provided for or an amount in excess
of the amount provided for in the annual budget, the Board
shall, at a meeting, pass a supplementary budget detailing such
disbursement. (4) The annual budget and every supplementary budget
shall be in such form and shall include such details as the
Minister may direct. (5) Upon passing any annual budget or any supplementary
budget, the Board shall submit the same to the Minister for
approval. (6) The Minister shall, upon receipt of the annual budget
or any supplementary budget, approve or refuse the same or
may approve subject to such amendments as the Minister may
deem fit.

t of the annual budget
or any supplementary budget, approve or refuse the same or
may approve subject to such amendments as the Minister may
deem fit.

(7) Where the Minister has approved any annual budget or
supplementary budget or has amended any budget, the annual
budget, the supplementary budget or the amended budget,
shall be binding on the Board which, subject to the provisions
of subsection (8), shall confine the disbursements within
the items and the amounts contained in the annual budget,
supplementary budget or amended budget as approved by the
Minister. (8) The Board may-
(a) with the sanction in writing of the Minister make a
disbursement notwithstanding that such disbursement
is not provided for in any budget;
(b) from the amount of expenditure provided for in any
budget in respect of any item, transfer a sum not
exceeding ten thousand shillings, to any other item
contained in such budget; and

rovided for in any
budget in respect of any item, transfer a sum not
exceeding ten thousand shillings, to any other item
contained in such budget; and

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THE KARIAKOO MARKET CORPORATION ACT [CAP. 132 R.E. 2023]
(c) 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 such adjustment of expenditure limits
becoming necessary. 20. With the approval of the Minister, the Board may invest
any part of the moneys available in any fund, in investments
authorised by the Trustee Investments Act, for investments of
any trust fund. 21.–(1) The Board shall cause to be provided and kept proper
books of account and records with respect to-
(a) the receipt and expenditure of moneys by, and other
financial transactions of the Corporation; or
(b) the assets and liabilities of the Corporation, and shall
cause to be made out for every financial year a balance
sheet showing details of the income and expenditure of
the Corporation and all its assets and liabilities.

made out for every financial year a balance
sheet showing details of the income and expenditure of
the Corporation and all its assets and liabilities.

(2) Within six months of the close of a financial year, the
accounts including the balance sheet of the Corporation in
respect of that financial year, shall be audited by the Controller
and Auditor-General established under the Public Audit Act. (3) As soon as the accounts of the Corporation have been
audited and in any case, not later than seven months after
the close of such financial year, the Board shall submit to the
Minister a copy of the audited statement of accounts together
with a copy of any report made by the auditors. (4) Every such audited statement of accounts including the
balance sheet shall be placed before a meeting of the Board and,
if adopted by the Board, shall be endorsed with a certificate
that it has been so adopted. 22. The General Manager shall at the end of each financial year,
prepare a report on the activities of the Corporation during
the financial year and shall submit such report to the Minister. Investment
Cap. 57
Accounts and
audit
Cap. 418
General
Manager’s report

ration during
the financial year and shall submit such report to the Minister. Investment
Cap. 57
Accounts and
audit
Cap. 418
General
Manager’s report

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THE KARIAKOO MARKET CORPORATION ACT [CAP. 132 R.E. 2023]
23. The Minister shall, as soon as may be practicable and not
later than twelve months after the close of a financial year, lay
before the National Assembly the following documents in
relation to such financial year-
(a) a copy of the audited statement of accounts of the
Corporation;
(b) a copy of the auditor’s report, if any; and
(c) a copy of the General Manager’s report. 24. The Minister may, by directions under his hand, prescribe
the fees and allowances payable to the members of the Board. 25. An act or proceeding of the Board shall not be invalid by
reason only of a vacancy in the membership at the time of
such act or proceeding or of any defect in the appointment of
any member or of the fact that any member was at the time
disqualified or not entitled to act as such.

oceeding or of any defect in the appointment of
any member or of the fact that any member was at the time
disqualified or not entitled to act as such.

26.–(1) Nothing done by any member or officer of the Board
or the Corporation, if done bona fide, in the execution or
purported execution of the functions conferred upon such
member or officer by this Act or by regulations made under
the Act, shall, render such member or officer personally liable. (2) For the avoidance of doubt it is declared that the
provisions of this section shall be without prejudice to the
provisions of section 284A of the Penal Code or the provisions
of the Public Officers (Recovery of Debts) Act. PART V
MISCELLANEOUS PROVISIONS
27. [Omitted.]
28. No written law, other than this Act, which relates to markets
or to the sale of goods in markets or to the conduct of persons
within markets, shall apply in relation to any market which is a
specified market for the purposes of this Act. Annual statement
of accounts and
report to be laid
before National
Assembly
Fees and
allowances
Proceedings of
Board not to be
invalid by reason
of irregularity
Protection of
members of
Board and officers
of Corporation
Cap. 16
Cap. 76
Omitted
Disapplication of
other laws

o be
invalid by reason
of irregularity
Protection of
members of
Board and officers
of Corporation
Cap. 16
Cap. 76
Omitted
Disapplication of
other laws

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THE KARIAKOO MARKET CORPORATION ACT [CAP. 132 R.E. 2023]
SCHEDULE
(Made under section 11(1))
All the area situate in Dar es Salaam comprised of Block 32, Zone III
and bounded by Mkunguni Street for a distance of approximately 55
metres, by Swahili Street, for a distance of approximately 80 metres,
by Tandamti Street for a distance of approximately 55 metres and by
Nyamwezi Street for a distance of approximately 80 metres.