The Cooperative Audit and Supervision (Amendment) Act, 2005
This section gives the Act’s short title and shows the arrangement of sections.
- Jurisdiction
- Tanzania
- Instrument
- Act or statute
- Citation
- The Cooperative Audit and Supervision (Amendment) Act, 2005
- Version
- Undated source snapshot
- Language
- en
- Official source
- View official record ↗
Statute overview
About this statute
This section gives the Act’s short title and shows the arrangement of sections. This section states that the First Schedule is amended. This section gives the Act its short title and says it should be read together with the Cooperative Audit and Supervision Act, 1982. This section amends Section 2 of the principal Act by adding and replacing several definitions and by changing references to “Director” to “Director General” and “Management Committee” to “Management Board.” This provision amends section 4 of the principal Act by replacing the whole section with a new section about the Corporation’s functions.
Search within this statute
Search all stored provisions in this version.
Legal text
Provisions of The Cooperative Audit and Supervision (Amendment) Act, 2005
Showing 21 of 21
- 1 Verify source ↗
Short title
This section gives the Act’s short title and shows the arrangement of sections.
1. Short title. A r r a n g e m e n t o f S e c t io n s Title PARTI P r e l im in a r y P r o v i s i o n s PART II G e n e r a l A m e n d m e n t s
Part
PART II
- 16 Verify source ↗
Amendment o f the First Schedule
This section states that the First Schedule is amended.
16. Amendment o f the First Schedule. 503 No. 9______ Cooperative Audit and Supervision (Amendment)_______2005 THE UNITED REPUBLIC OF TANZANIA No. 9 o f 2005 I A s s e n t , B e n ja m in W. M k apa President 6U’ June, 2005 An Act to amend the Cooperative Audit and Supervision Act, 1982. i................................ i E n a c t e d by Parliament o f the United Republic o f T a n za n ia . PARTI P r e l im in a r y P r o v is io n s - 1 Verify source ↗
This Act may be cited as the Cooperative Audit and Supervision
This section gives the Act its short title and says it should be read together with the Cooperative Audit and Supervision Act, 1982.
1. This Act may be cited as the Cooperative Audit and Supervision (Amendment) Act, 2005 and shall be read as one w ith th e Cooperative Audit and Supervision Act, 1982 herein a fte r referred to as the Act No. ‘‘principal Act”. Short title 15 ot 1982 PART II G e n e r a l A m e n d m e n t s - 2 Verify source ↗
Section 2 o f the principal Act
This section amends Section 2 of the principal Act by adding and replacing several definitions and by changing references to “Director” to “Director General” and “Management Committee” to “Management Board.”
2. Section 2 o f the principal Act is hereby amended b y - Amend- (a) inserting in appropriate alphabetical order the following definitions ‘"apex” has the meaning ascribed to it by the Cooperative Act No. Societies Act, 2003; 2U 2003 505 No. 9 Cooperative Audit and Supervision (Amendment) 2005 Act No. 20 o f 2003 ‘‘middle cooperative society” means a registered tertiary or secondary cooperative society which is between a primary society and a federation; ' ‘federation” has the m eaning ascribed to it by the Cooperative Societies Act, 2003; ‘‘pre-cooperatives groups” has the meaning ascribed to it by the Cooperative Societies Act, 2003; “registered Cooperative Society” has the meaning ascribed to it by the Cooperative Societies Act, 2003; “supervision” means the presentation o f audited accounts in the annual general meeting, report o f follow-up o f previous audits, interim and special investigations; (b) adding the word “General” immediately after the word "Director" whenever it appears in the principal Act; (c) by deleting the words "Management Committee” wherever they appear in the Act and substituting for them the words “Management Board”; and (d) deleting the whole definition o f the word “Board” and substituting for it the following new definition: “Board” means the Board o f Directors established under Section 5(1). Am end ment o f section 4 - 3 Verify source ↗
Section 3
This provision amends section 4 of the principal Act by replacing the whole section with a new section about the Corporation’s functions.
3. Section 4 o f the principal Act is amended by deleting the whole section and substituting for it with the following section- “Func tions o f the Corpora tion - 4 Verify source ↗
(l)
The Corporation has auditing and supervision functions, including auditing cooperative societies within 12 months after the financial year ends unless another law says otherwise.
4 .-(l) Subject to this section, the functions o f the Corporation shall be- (a) to provide audit services to pre-cooperative groups, cooperative societies, private or public companies and other organizations; (b) to provide supervision services to pre-cooperative groups and cooperative societies; (c) to formulate audit and accounting policies for adoption by the societies; (d) to carry out research and consultancy services; (e) to monitor other audit firms which shall conduct auditing services to pre-cooperative groups and cooperative societies; and 506 N0. 9______ Cooperative Audit and Supervision (Amendment)_______2005 (f) to do anything which may facilitate the proper services o f the functions o f the Corporation. (2) The Corporation shall be responsible for auditing and shall perform such audit in conformity with the best practices o f the accounts professional standards. (3) Except where it is otherwise provided in any other law, the Corporation, shall within twelve months o f the end o f the financial year concerned, audit accounts o f any cooperative society. (4) The Corporation may provide its services, to cooperatives societies or any other person upon such terms and conditions as may be agreed between the Corporation and such cooperative societies or any such other person. (5) /Hie Corporation may if required by a written direction o f the Minister or Registrar so to do, provide its serv ices upon such terms and conditions as may be specified in such direction to a cooperative society. •) (6) The Corporation may, from time to time, appoint on such terms and conditions as it may think fit such other officers as it may consider necessary, for the performance o f its functions and may enter into such arrangements with persons or firms for supply o f services or facilities to the Corporation as it may consider desirable. (7) The Corporation shall have power to do any bther thing, which is necessary or expedient for its proper carrying out o f its functions under this Act. (8) Subject to special direction by the Minister in the exercise o f its functions under subsection (4) above, the Corporation shall not be subject to the direction or control of any other person or authority. (9) The Corporation in exercising its functions, shall make sure that the registered cooperative societies adhere to the best practice and code o f conduct provided in the Schedule o f the Cooperatives Societies Act.;”. Act No. 20 o f 2003 507 No. 9 A m end ment o f section 5 Addition o f section 5A Cooperative Audit and Supervision (Amendment) 2005
Part
Schedule o f the Cooperatives Societies Act.;”.
- 4 Verify source ↗
Section 5 o f the principal Act is amended by deleting subsections
Section 5 of the principal Act is amended to delete subsections (3) and (4).
4. Section 5 o f the principal Act is amended by deleting subsections (3) and (4). - 5 Verify source ↗
The principal Act is amended by adding the following new
This provision says the principal Act is amended by adding a new section immediately below section 5, titled “Directorates. Departments and appointments of Directors.”
5. The principal Act is amended by adding the following new section immediately below section 5- "Direc- torates. Depart ments and appoin tments o f Directors - 5A Verify source ↗
(1) "Hie Corporation may, from time to time with the
The Board must appoint a Director General and use a search committee or similar procedure when appointing the Director General or directors. The Corporation may appoint directors and establish departments, divisions, or sections, but only with Board approval.
5A. (1) "Hie Corporation may, from time to time with the approval o f the Board, appoint on such terms and conditions as it may think fit such number o f directors for the purpose o f serving directorates under the supervision o f the Director General. (2) The Corporation may, with the approval o f the Board from time to time establish departments, divisions or sections for the purposes o f enhancing the performance o f the day to day activities o f the Corporation. (3) The Board shall appoint a Director General who shall be responsible for the day to day administration of the Corporation and Secretary to the Board. (4) The Board shall when appointing the Director General or directors use a search committee or any other procedure as may be prescribed from time to time.” Am end ment o f section 6 - 6 Verify source ↗
Section 6 o f the principal Act is hereby amended
The Director General must audit, or arrange an audit of, the accounts of every registered primary society, federation, and other middle cooperative society once a year.
6. Section 6 o f the principal Act is hereby amended- (a) in subsection (1) by deleting that subsection and substituting for it the following subsection- “(1) The Director General shall, once a year, audit or cause to be audited by some person authorized by him or by general meeting or specified order in writing the accounts o f every registered primary society, federation and other middle cooperative societies as may be established by members.;” 508 No. 9 Cooperative Audit and Supervision (Amendment)_______2005 (b) in subsection (4) by deleting the word "five" and substituting for it the word “fifty”. - 7 Verify source ↗
Section 7 of the principal Act is hereby amended by deleting the
Section 7 is amended by replacing the word after “The Registrar may” with “at”.
7. Section 7 of the principal Act is hereby amended by deleting the word " o f \ appearing immediately after the words "The Registrar may " in the first line and substituting for it the word "at". Am end ment o f section 7 - 8 Verify source ↗
Section 8(3) of the principal Act is hereby amended by deleting
This section amends Section 8(3) by replacing the word after “exceeding” from “tw enty” to “two hundred”.
8. Section 8(3) of the principal Act is hereby amended by deleting the word 'tw enty” appearing immediately after the word "exceeding" in the eighth line and substituting for it the words "two hundred”. - 9 Verify source ↗
Section 10 of the principal Act is hereby amended
This section amends Section 10 of the principal Act by making two wording substitutions in subsections (1) and (2).
9. Section 10 of the principal Act is hereby amended- (a) in subsection (1) by deleting the word " o f' which appears between the words “officers” and "former” and substituting for it the word "or”; (b) in subsection (2) by deleting the ww d "to" which appears between the words “certificate” and "the Registrar” and substituting for it the words "by". - 10 Verify source ↗
Section 11 o f the principal Act is hereby amended by deleting
This provision amends Section 11 of the principal Act by replacing the word “thirty” with “three hundred.”
10. Section 11 o f the principal Act is hereby amended by deleting the word ‘‘thirty” which appears between the words "exceeding” and "thousand” and substituting for it the words ‘‘three hundred”. - 11 Verify source ↗
Section 12 o f the principal Act is hereby amended
This provision amends Section 12 of the principal Act by changing wording in paragraphs (a) and (b).
11. Section 12 o f the principal Act is hereby amended- (a) m paragraph (a) by deleting die woids “such sums which may derive” and substituting for-them the words “fees derived”; (b) in paragraph (b) by deleting substituting for it the word "rent”. the word “fees" and - 12 Verify source ↗
Section 15 o f the principal Act is hereby amended
This section amends Section 15: the Corporation’s financial year must end on 30 June, and a monetary amount in subsection (8)(b) is changed to two million shillings.
12. Section 15 o f the principal Act is hereby amended:- (a) by deleting the whole o f subsection (2) and substituting for it with the following - “(2) The financial year of the Corporation shall end on 30th June.;” Am end ment o f section 8 Am end ment o f section 10 A m end ment o f section A m end ment o f section 12 Am end ment o f section 15 No. 9 Cooperative Audi I and Supervision (Amendment) 2005 (b) in paragraph (b) o f subsection (8), by deleting the phrase ‘‘two hundred thousand" appearing between the words “exceeding" and "shillings'" and' substituting for it the phrase ‘'two million”. A m end ment o f section 16 - 13 Verify source ↗
Section 16 o f the principal Act is hereby amended
This provision amends section 16 by replacing specific wording in several places.
13. Section 16 o f the principal Act is hereby amended- (a) in paragraph (a) by deleting the words "Secretariat and the" which appear before the word "Corporation’’; (b) in subsection (2) by deleting the words "Tanzania Audit Corporation" and substituting for them the words "external auditors appointed by the Board'1; (c) in subsection (3) by deleting the words "endorsed with the certificate that it has been adopted'1 and substituting for them the words "signed by the Chairperson and one Director”; (d) in subsection (4) by deleting the words "Tanzania Audit Corporation" and substituting for them the words "external auditors”. A m end ment o f section 17 A m end ment o f section 21 - 14 Verify source ↗
Section 14
This provision amends section 17(1) of the principal Act by replacing “Tanzania Audit Corporation” with “external auditors”.
14. Section 17 o f the principal Act is hereby amended in subsection (1) by deleting the words "Tanzania Audit Corporation" and substituting for them the words "external auditors”. - 15 Verify source ↗
Section 21 o f the principal Act is hereby amended by deleting
This provision amends Section 21 of the principal Act by deleting the whole section and replacing it with new text.
15. Section 21 o f the principal Act is hereby amended by deleting the whole section and substituting for it the following- ■‘Liabili ties o f members o f the Board Cap. 16, A cts Nos. 7 o f 1970 30 o f 1974 - 21 Verify source ↗
Without prejudice to die provisions o f section 284A
Board members, Corporation employees, and their agents are protected from being sued or otherwise held liable for acts or omissions done in good faith while performing, or appearing to perform, their duties.
21. Without prejudice to die provisions o f section 284A o f the Penal Code or o f the Public Officers (Recovery v>f Public Debts) Act, 1970 or o f the Parastatal Employees (Recovery' o f Debts) Act, 1974, no act done or omitted to be done by any person who is a member o f the Board or employee o f the Corporation or its agent shall, if done or omitted bona fide in the execution or purported execution o f his duties as the member o f the Board or employee o f the Corporation or its agent, subject that person to any action, liability or demand o f any kind”. 510 Mo. 9 Cooperative Audit and Supervision (Amendment) - 16 Verify source ↗
The First Schedule to the principal Act is amended
This section changes the First Schedule by setting out the Board’s membership and allowing the Board to create committees or sub-committees.
16. The First Schedule to the principal Act is amended- (a) in paragraph 1 by deleting it and substituting for it the following new paragraph- “ 1. The Board shall consist of- 2005 Am end ment o f the First Schedule (a) the Chairman who shall be appointed by the President; (b) one member representing the Controller and Auditor General; (c) the Registrar o f Cooperative Societies; (d) the Secretary General o f the Federation; (e) the Principal o f the Moshi University College of Cooperative and Business Studies; (f) the Commissioner of Budget; (g) one member representing workers; and (h) two other members from secondary societies or any other cooperative society appointed by the Minister after consultation with the Federation of whom at least one shall be a wom an.'’ (t>) in paragraph 8(2) by inserting die word “in” between the words "or” and “his”; (c) in paragraph 14 by deleting the word “o f a p p e a r in g in the second line immediately after die word “Director” and substituting for it the vyord “o r”; (d) in paragraph 15 by adding the following paragraph immedi ately below paragraph 15:- "16, The Board may establish committees or sub-commit- tees to assist it in exercising its functions.” Passed in the National Assembly on die 19th April, 2005. D a m ia n S . F o k a , Clerk o f the National Assembly
Provision text is displayed from LexChat’s stored statute record. Use the official source links to verify amendments, commencement, and current legal force.
Ask AI about this statute
The Cooperative Audit and Supervision (Amendment) Act, 2005
Sign in to ask AI about this statute
Sign in to start authenticated, citation-grounded statute research.
Sign inLexChat organizes source-backed legal information for research. Verify amendments, commencement, and current legal force with the official publisher before relying on it.