The Tanganyika Higher Education Trust Fund Act

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CHAPTER 313
THE TANGANYIKA HIGHER
EDUCATION TRUST FUND ACT
[PRINCIPAL LEGISLATION]
Arrangement of Sections
Section Title
1. Short title. 2. Interpretation. 3. Establishment of Board of Trustees. 4. Constitution of Board. 5. Tenure and vacation of office. 6. Power to appoint temporary members. 7. Vacancy among members not to invalidate proceedings. 8. Procedure. 9. Appointment of Secretary and other staff to Board and emoluments. 10. Personal liability not to attach to members. 11. Establishment of Fund. 12. Objects of Fund. 13. Power of Board to receive gifts. 14. Restriction on acceptance of property. 15. Power to invest. 16. Power to retain investment which has ceased to be authorised. 17. Power to manage land. 18. Board to give effect to donor’s instructions. 19. Board to prepare schemes. 20. Scheme to be submitted to President for approval. 21. Power to organise raising of funds. 22. Land required by Board to be deemed public purpose. 23. Power to make grants of public land. 24. Expenses to be met from rents, interest, etc. 25.

22. Land required by Board to be deemed public purpose. 23. Power to make grants of public land. 24. Expenses to be met from rents, interest, etc. 25.

Accounts and audit. 26. Report of Board. 27. Representation by Attorney General. 28. Exemption from stamp duty. 29. Winding up of Fund and expiration. 30. Regulations. 31. Reservation to Republic.

epresentation by Attorney General. 28. Exemption from stamp duty. 29. Winding up of Fund and expiration. 30. Regulations. 31. Reservation to Republic.

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1. This Act may be cited as the Tanganyika Higher Education
Trust Fund Act. 2. In this Act, unless the context requires otherwise-
“Board” means the Tanganyika Higher Education Trust
Fund Board of Trustees established under section 3;
“Chairman” means the Chairman of the Board appointed
under the provisions of section 4 and includes the Deputy
Chairman;
“Fund” means the Tanganyika Higher Education Trust Fund
established under section 11;
“higher education” means education normally provided
by a university, university college, technical college, or
other educational institution providing facilities for
higher academic, scientific, technological, professional
or vocational training, or research;
“member” means a member of the Board appointed under
section 4 and includes a temporary member appointed
under section 6;
“property” means property of every description, movable or
immovable;
“Secretary” means the Secretary of the Board appointed
under section 9;
Short title
Interpretation
Ord. No. 35 of 1957 s.

ption, movable or
immovable;
“Secretary” means the Secretary of the Board appointed
under section 9;
Short title
Interpretation
Ord. No. 35 of 1957 s.

2
CHAPTER 313
THE TANGANYIKA HIGHER EDUCATION TRUST FUND ACT
An Act to establish a trust fund to provide for higher education and for the
management of such fund and for related matters. [24th February, 1956]
R.L. Cap. 369
Ords. Nos. 2 of 1956
35 of 1957
Acts Nos. 24 of 1963
1 of 1968

he
management of such fund and for related matters. [24th February, 1956]
R.L. Cap. 369
Ords. Nos. 2 of 1956
35 of 1957
Acts Nos. 24 of 1963
1 of 1968

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THE TANGANYIKA HIGHER EDUCATION TRUST FUND ACT [CAP. 313 R.E. 2023]
“treasurer” means a person appointed as treasurer of the
Board under section 9. 3. There shall be established a Board of Trustees to be known
as the Tanganyika Higher Education Trust Fund Board of
Trustees which shall-
(a) be a body corporate with perpetual succession and a
common seal;
(b) in its corporate name be capable of suing and being sued;
(c) be capable of holding, acquiring and disposing of
property; and
(d) subject to the provisions of this Act, have power to do
anything and enter into any transaction, whether or
not involving expenditure or lending or investment of
money, which in its opinion is calculated to facilitate
the performance of its functions or is incidental or
conducive to it. 4.–(1) The Board shall consist of not less than six members, of
whom at least three shall be persons not holding public office
to be appointed by the President. (2) The President may appoint from amongst the members
a Chairman and a Deputy Chairman of the Board.

public office
to be appointed by the President. (2) The President may appoint from amongst the members
a Chairman and a Deputy Chairman of the Board.

(3) The Chairman and two other members shall constitute
a quorum. 5.–(1) The members shall hold office during the President’s
pleasure and for a period of two years. (2) A member may resign from the Board by giving three
months’ notice in writing to the President or any less period as
the President may in any particular case permit. 6. Where during any period any member is unable owing to
his absence from the United Republic or to illness or to any
other cause to perform his duties the President may appoint a
temporary member to perform the duties of that member for
the period during which he is so disabled. Establishment
of Board of
Trustees
Constitution
of Board
G.N. No. 2169 of 1957
Tenure and
vacation of office
Power to appoint
temporary
members

abled. Establishment
of Board of
Trustees
Constitution
of Board
G.N. No. 2169 of 1957
Tenure and
vacation of office
Power to appoint
temporary
members

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THE TANGANYIKA HIGHER EDUCATION TRUST FUND ACT [CAP. 313 R.E. 2023]
7. The validity of the proceedings and acts of the Board shall
not be affected by any vacancy amongst its members or by any
defect in the appointment of a member. 8.–(1) Subject to the provisions of any regulations made under
this Act, the Board may regulate its own proceedings and shall
meet as often as occasion may require. (2) At all proceedings of the Board the Chairman shall
preside and shall have a deliberative vote and in addition, in
the event of an equality of votes, a casting vote. (3) All questions coming or arising before any meeting
of the Board shall be decided by a majority of the members
present and voting at the meeting. (4) All orders, directions, instruments, receipts and other
documents of the Board shall be made or given under the
hand of the Chairman, the Secretary or the treasurer. 9.–(1) The Board may appoint a Secretary and other staff who
may, appear necessary for the performance of its functions.

e Secretary or the treasurer. 9.–(1) The Board may appoint a Secretary and other staff who
may, appear necessary for the performance of its functions.

(2) A person may be appointed as Secretary or to the
staff of the Board notwithstanding that he holds an office of
emolument under the Government. (3) The Board shall pay to the members any allowances,
if any, and to the Secretary and staff any emoluments, if any,
which the Board may determine. 10. Personal liability shall not attach to any member in
respect of anything done or suffered in good faith and without
negligence under the provisions of this Act. 11.–(1) There shall be established a fund to be known as the
Tanganyika Higher Education Trust Fund which shall be
vested in the Board on trust for purposes set out in section 12
and, subject to the provisions of this Act, shall be under the
management and control of the Board. Vacancy among
members not
to invalidate
proceedings
Procedure
Ord. No. 35 of 1957 s. 3
Appointment
of Secretary
and other staff
to Board and
emoluments
Personal liability
not to attach to
members
Establishment of
Fund

No. 35 of 1957 s. 3
Appointment
of Secretary
and other staff
to Board and
emoluments
Personal liability
not to attach to
members
Establishment of
Fund

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THE TANGANYIKA HIGHER EDUCATION TRUST FUND ACT [CAP. 313 R.E. 2023]
(2) The Fund shall consist of-
(a) the sum of five hundred and ninety million shillings,
two hundred thousand one hundred and thirty to be
paid by the Government from monies appropriated for
the purpose;
(b) all monies received by the Board pursuant to section 13;
(c) the proceeds of the sale of any property received by the
Board pursuant to section 13;
(d) the proceeds of the sale by the Board of any investments
pursuant to section 15;
(e) all monies raised by the Board pursuant to section 21;
and
(f) all monies accruing to the Board by way of rents, profits,
interest and dividends pursuant to section 24. 12.

he Board pursuant to section 21;
and
(f) all monies accruing to the Board by way of rents, profits,
interest and dividends pursuant to section 24. 12.

The objects and purposes to which the Fund shall be
devoted are as follows:
(a) the erection of an institution or institutions for higher
education in Tanzania, the acquisition of land and the
provisions of amenities normally incidental to those
purposes;
(b) the provisions of funds for the maintenance, extension
and administration of such institution or institutions
and the amenities incidental to the purposes;
(c) the establishment of an endowment fund or endowment
funds for purposes connected with those institutions;
(d) the provision of scholarships, bursaries and other
similar facilities for higher education whether within
or outside Tanzania;
(e) the provisions of other facilities in the Mainland
Tanzania for higher education for the inhabitants of
Tanzania:
Provided that, where the donor of any gift or legacy expressly
provides that the whole or any part of such gift or legacy may be
applied outside Mainland Tanzania for any object or purpose
corresponding to any object or purpose hereinbefore set out,
Objects of Fund

legacy may be
applied outside Mainland Tanzania for any object or purpose
corresponding to any object or purpose hereinbefore set out,
Objects of Fund

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THE TANGANYIKA HIGHER EDUCATION TRUST FUND ACT [CAP. 313 R.E. 2023]
then that part of the Fund referable to such gift or legacy, or
part of it, as the case may be, may be applied accordingly. 13.–(1) The Board may receive property by way of gift or
legacy on trust for any one or more of the objects and purposes
set out in section 12. (2) All monies received pursuant to subsection (1) of this
section shall be paid into the Fund. (3) Subject to the provisions of subsections (4), (5) and (6) of
this section, the Board shall sell all property received pursuant
to subsection (1) of this section and shall pay the proceeds of
it into the Fund. (4) The Board may in its discretion retain any article
received pursuant to subsection (1) of this section which in
its opinion is of archaeological, geographical, anthropological,
ethnological, prehistorical, historical, artistic or scientific value
or interest and may take any steps which are necessary for the
preservation and safe custody of those articles.

storical, artistic or scientific value
or interest and may take any steps which are necessary for the
preservation and safe custody of those articles.

(5) The Board may not make any disposition of any land
received from the Government pursuant to subsection (1)
of this section and section 23 otherwise than in the manner
provided by section 17. (6) Any land and any investments of the kind in which the
Board is authorised to invest under the provisions of this Act
received by the Board pursuant to subsection (1) of this section
may, in the discretion of the Board, be retained. (7) Any land, investments or other property retained
pursuant to subsections (4), (5) and (6) of this section shall,
for purposes of this Act, be deemed to have been purchased
from the Fund. (8) The disposition of any article retained by the Board
pursuant to the provisions of subsection (4) of this section
shall be in the discretion of the Board having regard to the
objects set out in section 12 and the conditions on which that
article was given to the Board. Power of Board to
receive gifts

rd having regard to the
objects set out in section 12 and the conditions on which that
article was given to the Board. Power of Board to
receive gifts

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THE TANGANYIKA HIGHER EDUCATION TRUST FUND ACT [CAP. 313 R.E. 2023]
14.–(1) The Board may decline to accept any property or
may accept the same subject to any conditions which it may
deem fit. (2) The Board shall not accept any property which involves
the management or carrying on of any business:
Provided that, this section shall not preclude the Board
from managing or accepting any land or interest in it.

gement or carrying on of any business:
Provided that, this section shall not preclude the Board
from managing or accepting any land or interest in it.

15.–(1) The Board may invest any monies in the Fund-
(a) in any securities in which trustees are for the time being
authorised by law to invest trust funds;
(b) in any securities the interest on which is for the
time being guaranteed by the Government of the
United Republic, or the Government of Kenya, or the
Government of Uganda, or the Government of any
other country;
(c) by way of first mortgage on immovable property in
Mainland Tanzania up to an amount not exceeding
three-fifths of its value and provided that, in the case
of a lease or right of occupancy, not less than forty
years of the term remains unexpired at the time of the
investment;
(d) by way of purchase of immovable property situate in
Tanzania;
(e) by way of fixed deposit at a bank approved by the
Minister responsible for finance; and
(f) in any other securities (whether similar to the preceding
or not) which the Minister responsible for finance may
authorise in writing,
and may also vary, withdraw or realise those investments. (2) The power conferred by subsection (1) of this section
shall be exercised according to the discretion of the Board. 16.

realise those investments. (2) The power conferred by subsection (1) of this section
shall be exercised according to the discretion of the Board. 16.

The Board may in its discretion continue to hold an
investment which has for any reason ceased to be an investment
authorised under section 15. Restriction on
acceptance of
property
Power to invest
Ord. No. 35 of 1957 s. 5
Power to retain
investment which
has ceased to be
authorised

ection 15. Restriction on
acceptance of
property
Power to invest
Ord. No. 35 of 1957 s. 5
Power to retain
investment which
has ceased to be
authorised

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THE TANGANYIKA HIGHER EDUCATION TRUST FUND ACT [CAP. 313 R.E. 2023]
17.

rt of this book may be reproduced or distributed without permission of OAG.660
THE TANGANYIKA HIGHER EDUCATION TRUST FUND ACT [CAP. 313 R.E. 2023]
17.

The Board may lease (including the creation of sub-rights
of occupancy) and make any other disposition over land
retained pursuant to section 3(5) and (6) or purchased under
section 15 on any terms and conditions which it may consider
appropriate, and may otherwise manage that land in any
manner which it deems fit:
Provided that, in the case of land granted to the Board by
the President under the provisions of section 23, a disposition
except by way of a scheme pursuant to section 19, may not be
made over in favour of any person other than the President
without the prior consent in writing of the President and any
consent may only be given by the President to a disposition
which, if that land had been public land, could be made over
by the President under the provisions of the Land Act (other
than section 20); and upon the making of that disposition, if
the term created thereby exceeds a period of thirty-three years,
then the whole of the reversionary interest, if any, in that land
shall immediately vest in the President without compensation
and without further assurance.

e whole of the reversionary interest, if any, in that land
shall immediately vest in the President without compensation
and without further assurance.

18.–(1) Where the donor of any gift or legacy attaches to
such gift or legacy any conditions (not inconsistent with
the provisions of this Act) as to its operation as a memorial,
scholarship or bursary fund, or its application for the
construction of buildings, the provisions of specified amenities
and facilities incident to an institution for higher education or
for other purposes similar to or incidental to the foregoing,
and the Board accepts the gift or legacy, then the Board shall,
subject to the provisions of subsection (2) of this section, give
effect to any of those conditions. (2) Where at any time it appears to the Board to be
impracticable to give effect to any conditions attached to any
gift or legacy, the Board may, after consulting the donor or his
legal personal representative (if it is reasonably possible so to
consult the donor or his legal personal representative), vary
the conditions in any manner which may appear to the Board
best calculated to give effect to the intentions of the donor. Power to manage
land
Ord. No. 35 of 1957 s. 6
Board to give
effect to donor’s
instructions

t calculated to give effect to the intentions of the donor. Power to manage
land
Ord. No. 35 of 1957 s. 6
Board to give
effect to donor’s
instructions

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THE TANGANYIKA HIGHER EDUCATION TRUST FUND ACT [CAP. 313 R.E. 2023]
19.–(1) For the purpose of giving effect to the objects and
purposes set out in section 12, the Board shall from time to
time prepare a scheme for the distribution of that part of the
Fund and other property held on trust by the Board which it
shall deem fit to appropriate for the purpose of the scheme.

tribution of that part of the
Fund and other property held on trust by the Board which it
shall deem fit to appropriate for the purpose of the scheme.

(2) A scheme referred to under subsection (1) may make
provision-
(a) for the manner in which the monies and other property
held on trust by the Board are to be applied;
(b) for the creation of trusts;
(c) for limiting the class of persons or institutions to be
benefited and prescribing the conditions for them;
(d) for the method of selecting persons and institutions to
be benefited including open or restricted competition,
qualifying standards, selection boards and any other
method which in the opinion of the Board is best
calculated to give effect to the purposes and provisions
of this Act or the conditions attached to a gift or legacy;
(e) for the constitution, procedure and terms of reference
of selection boards or other persons charged with
selecting persons or institutions to be benefited;
(f) requiring acts or things to be performed or done to the
satisfaction of a prescribed person;
(g) for the management and administration of the scheme
and the date on which the whole or any part of the
scheme shall take effect; and
(h) generally to give effect to the objects and purposes of
this Act.

and the date on which the whole or any part of the
scheme shall take effect; and
(h) generally to give effect to the objects and purposes of
this Act.

20.–(1) A scheme prepared pursuant to the provisions of
section 19 shall be submitted for approval to the President and
the President may, with or without modification, approve any
scheme so submitted or reject the same or order that a further
scheme shall be submitted in its stead. Board to prepare
schemes
Scheme to be
submitted to
President for
approval

ect the same or order that a further
scheme shall be submitted in its stead. Board to prepare
schemes
Scheme to be
submitted to
President for
approval

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THE TANGANYIKA HIGHER EDUCATION TRUST FUND ACT [CAP. 313 R.E. 2023]
(2) Where the President approves any scheme under
the provisions of subsection (1) of this section the Board
shall, by notice in the Gazette, publish that scheme with any
modifications made by the President. (3) A scheme shall take effect or the date or dates specified
in it and shall be given effect to and administered as provided
in it and, subject to the terms of that scheme, upon the
appropriation of monies comprised in the scheme in the
manner provided in it, the obligations and duties of the Board
in relation to the monies under this Act shall be discharged. 21.–(1) The Board may promote, organise and undertake
the raising of funds in any manner commonly employed for
the raising of funds for charitable, religious or educational
purposes. (2) All monies raised pursuant to the provisions of
subsection (1) of this section shall, after the expenses incurred
in the raising of it have been met, be paid into the Fund. 22.

to the provisions of
subsection (1) of this section shall, after the expenses incurred
in the raising of it have been met, be paid into the Fund. 22.

Notwithstanding anything contained in section 3 of
the Land Acquisition Act or section 53 of the Land Act, but
without prejudice to their provisions, any land required by the
Government for the purpose of vesting the same in the Board
under this Act in order that the land so vested shall be used
as a site for the erection of an institution for higher education
or for the provision of amenities or facilities incident to that
institution shall be deemed to be land required for a public
purpose within the meaning of those provisions. 23. Notwithstanding anything contained in the Land Act, the
President may make grants to the Board of public land for any
estate which he may deem fit. 24.–(1) The rents, profits, interest and dividends received
by the Board from land and investments pursuant to the
provisions of this Act shall be applied by the Board to
Power to
organise raising
of funds
Land required
by Board to be
deemed public
purpose
Cap. 118
Cap. 113
Power to make
grants of public
land
Cap. 113
Act No. 24 of 1963 Sch. Expenses to be
met from rents,
interest, etc.

ed public
purpose
Cap. 118
Cap. 113
Power to make
grants of public
land
Cap. 113
Act No. 24 of 1963 Sch. Expenses to be
met from rents,
interest, etc.

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THE TANGANYIKA HIGHER EDUCATION TRUST FUND ACT [CAP. 313 R.E. 2023]
the payment of the expenses incurred by the Board under the
provisions of this Act and to the maintenance and management
of that land and investments; and any balance in hand at the
end of any financial year of the Board shall be paid into the
Fund. (2) Where in any financial year the expenses incurred by
the Board in carrying out its functions under this Act exceed
the income of the Board derived from rents, profits, dividends
and interest the excess shall be met from the fund. 25.–(1) The Board shall keep proper accounts and other
records in relation to it and shall prepare in respect of each
financial year of the Board a statement of account in such form
as the President may direct. (2) The accounts of the Board shall be audited annually by
the Controller and Auditor-General. 26.

f account in such form
as the President may direct. (2) The accounts of the Board shall be audited annually by
the Controller and Auditor-General. 26.

The Board shall as soon as possible after the end of
each financial year of the board prepare a full report on the
performance by it of its functions during that financial year
and one copy of that report together with a copy of the audited
accounts shall be laid before the National Assembly. 27. In any proceedings brought by or against the Board, the
Attorney General or his representative may intervene or
represent the Board. 28. A stamp duty shall not be chargeable under the Stamp Duty
Act in respect of any instrument, within the meaning of that
Act, executed by, or on behalf of, or in favour of, the Board in
cases where, but for this exemption, the Board would be liable
to pay the stamp duty chargeable in respect of that instrument. Accounts
and audit
Act No. 1 of 1968 Sch
Report of Board
Representation by
Attorney General
Exemption from
stamp duty
Cap. 189

ect of that instrument. Accounts
and audit
Act No. 1 of 1968 Sch
Report of Board
Representation by
Attorney General
Exemption from
stamp duty
Cap. 189

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THE TANGANYIKA HIGHER EDUCATION TRUST FUND ACT [CAP. 313 R.E. 2023]
29.–(1) On a date to be appointed by the President by notice
in the Gazette, the Fund and other assets vested in the Board
shall be wound up by the Board in any manner which may
be prescribed by regulations under this Act and the proceeds
thereof distributed in the manner which may be prescribed by
regulations under this Act. (2) Upon the winding up of the fund, the President shall
by notice in the Gazette declare the Fund to be wound up and
thereupon this Act shall expire without prejudice to anything
done or suffered under it. 30.

notice in the Gazette declare the Fund to be wound up and
thereupon this Act shall expire without prejudice to anything
done or suffered under it. 30.

The President may make regulations for the better carrying
out of the purposes and provisions of this Act and, in particular,
but without prejudice to the generality of the foregoing, may
make regulations regulating the proceedings of the Board, the
proof of documents purporting to be executed, issued or signed
by the Chairman or Secretary, or treasurer, the preparation of
schemes, the winding-up of the fund and other assets vested in
the Board and the distribution of the proceeds thereof. 31. This Act shall not affect or be deemed to affect the rights
of the United Republic, or of any bodies politic or corporate
or other person or persons except such as are mentioned or
referred to in this Act, and those claiming by, from, through
or under them. Winding up
of Fund and
expiration
Regulations
Ord. No. 35 of 1957 s. 7
Reservation to
Republic