The Local Government Authorities (Division of Assets and Liabilities) Order, 2020

1. This Order may be cited as the Local Government Authorities (Division of Assets and Liabilities) Order, 2020 Interpretation Division of assets

2. In this Order unless the context otherwise requires- “Assets and liabilities” includes franchise, income, debts and expenses and all rights, interests, obligations and liabilities arising under contract; “Authorities” means the Kondoa District Council and Chemba District Council; “Minister” means the Minister for the time being responsible for Local Government.

3.-(1) All movable and immovable assets, franchise income, debts, expenses and all rights, interests, obligation and liabilities arising under contract whose description is as in the schedule which were vested in the then Kondoa District Council shall from the effective date of this Order be vested in the Authorities in accordance with the allocation specified in the schedule. 1 Local Government Authorities (Division of Assets and Liabilities) GN. NO. 434 (Contd.) (2) Any asset or liabilities stipulated in subsection (1) above which shall remain unallocated as of the effective date shall be allocated and vested into the respective Authorities in such manner as the Minister may prescribe. (3) For the avoidance of doubt, the details of some particular assets in respect of movable properties, plants, vehicles, motorcycle and boats, office liquid assets, equipments projects are provided for in the First Schedule herein and details of liabilities in respect of debts are provided for in the Second Schedule. ,immovable properties, (4) All public buildings and other properties which vested in the Kondoa District Council which have not been specifically mentioned in the schedules to this order shall vest in the authorities in which they are situated.

4.-(1) All liabilities in relation to the assets transferred to and vested by this Order in respect of which the then Kondoa District Council was liable immediately preceding the effective date shall with effect from the effective date by virtue of this Order and without further assurance be transferred to and vested in the said Authority. (2) The liability to which this paragraph applies shall, from the effective date, be deemed to be the liabilities of the Chemba District Council and the Kondoa District Council shall be discharged from its obligations in respect of every such liability.

5. All instrument to which the Kondoa District Council is a part and which relate to any asset or liability transferred to Chemba District Council by this order, shall continue to be in force and all the rights and liabilities of the Kondoa District Council under such instrument shall be transferred to and vested into the Chemba District Council. Liability in relation to assets Instruments Division of liquid assets and

6. Liquid assets and investments specified in the First Schedule to this order vested in the Kondoa 2 Local Government Authorities (Division of Assets and Liabilities) GN. NO. 434 (Contd.) investments Powers of Authorities District Council shall, with effect from the effective date by virtue of this Order and without further assurance be divided and vested to the Chemba District Council.

7. For avoidance of doubt and without prejudice to any of the preceding provisions of this Order, it is hereby declared that the Authorities shall have and may exercise all such powers necessary or expedient to take appropriate measures to possess and recover any property to ascertain, perform and enforce any right and discharge any liability or obligation conferred or imposed on the Authority by virtue of this Order.

8.-(1)Nothing in this Order shall be construed- (a) as validating or rectifying or deemed to be validating or rectifying any instrument or any term, covenant, condition or any provision of any instrument to which this Order applies; (b) as creating in favour or against authority or any other party any right or liability conferred or imposed under such instrument; (c) as receiving the authorities obligation to which this order relate and which has ceased to be the legally enforceable prior effective date of this Order; to (d) as limiting the powers of the Minister to issue guidelines concerning the management, allocation or vesting of projects or anything not specifically provided for in this Order. (2) Any action or other proceedings pending or instituted by or against the then Kondoa District Council in respect of any assets or liability transferred to the Authorities to which this Order relates may be instituted or continued and completed by or against the authority. 3 Local Government Authorities (Division of Assets and Liabilities) GN. NO. 434 (Contd.) ______ FIRST SCHEDULE _____ (Made under paragraph 4(3) and 7) _____ ASSET Plants and Vehicles Kondoa District Council Chemba District Council

10. Toyota( V8) SM 6111 Nissan Patrol STK 863 SM 4743 Toyota( Land Cruiser) SM 3065 Toyota( Land Cruiser) SM 5195 Toyota( Land Cruiser) SM 2559 Isuzu (Long Base) SM 3986 Toyota( Land Cruiser) STJ 7303 Toyota(Tipper Lorry) SM 5081 Toyota( Land Cruiser) DFP 6116 Toyota( Land Cruiser) STK 3198 Toyota( Land Cruiser) SM 4364 Toyota( Land Cruiser) SM 6168 Toyota( Land Cruiser) SM 2721 Nissan Tipper T-7 SM 2780 Isuzu Tipper STG 3121 Isuzu (Tipper) SM 4365 Toyota( Land Cruiser) STK 6779 Toyota( Land Cruiser) DFP 678 Toyota( Land Cruiser) SM 4366 Nissan Patrol 4 Local Government Authorities (Division of Assets and Liabilities) GN. NO. 434 (Contd.)

20. DFP 8506 Toyota( D/Cabin) DFP 6282 Toyota( Land Cruiser) STK 2102 Land Rover 110 STJ 6401 Toyota( Land Cruiser) SM 5864 Toyota( Land Cruiser) SM 3277 Toyota( Land Cruiser) STK 2213 Toyota( Land Cruiser) STK 3696 Toyota( Land Cruiser) DFP 7180 Toyota( Land Cruiser) CW 3032 Caterpillar SM 4262 Toyota( Land Cruiser)-Ambulance DFP 5633 Toyota( Land Cruiser)-Ambulance DFP 7179 Toyota( Land Cruiser)-Ambulance CW Caterpillar –D6 D4E Caterpillar CW Loder Case W20 CW Loder Case W20 Bajaji Bajaji - Office Equipments Kondoa District Council Chemba District Council Human Resource Office Computers Tables Chairs Printers Scanner Photocopy Machine 3 8 7 3 1 0 1 7 6 2 0 1 5 Local Government Authorities (Division of Assets and Liabilities) GN. NO. 434 (Contd.) Laptops Television File Cabnet Cooperative, Agricultural and Irrigation office Tables Chairs Computers Laptops Printers Fridge File Cabinet Wall shelves Photocopy Machine Television Computer Tables Council Treasury &Trade Office Tables Chairs Executive chair Cupboards Computer Cabinet Printers 0 1 1 1 0 1 Kondoa District Council Chemba District Council 11 16 5 1 4 1 1 8 1 2 2 11 16 2 2 2 0 2 0 0 1 1 Kondoa District Council Chemba District Council 5 7 2 1 1 0 1 6 6 7 2 1 0 1 0 Local Government Authorities (Division of Assets and Liabilities) GN. NO. 434 (Contd.) Television Laptop Wall Shelves 1 0 3 0 2 0 Procurement Unit’ Office Kondoa District Council Chemba District Council Tables Chairs Cupboards Computer Shelves Printer 2 6 1 1 1 1 2 2 0 0 0 0 Engineering Office Kondoa District Council Chemba District Council Tables chairs Cupboards Computers Laptops Photocopy Machines Printers Shelves 4 4 3 1 1 1 1 1 4 4 2 1 2 0 1 0 Internal Audit office Kondoa District Council Chemba District Council Executive Chairs Executive Table Chairs(guests) Computers 2 2 2 1 1 1 0 0 7 Local Government Authorities (Division of Assets and Liabilities) GN. NO. 434 (Contd.) Printers Laptops Council Economist office Tables Chairs File cabinet Fridge Laptop Printers Computers Legal Unit Office Tables Chairs Computers Printers Executive Chair 1 2 1 1 Kondoa Dist1rict Council Chemba District Council 7 8 3 1 2 1 2 4 5 2 0 2 1 1 Kondoa District Council Chemba District Council 2 2 1 1 1 1 2 0 1 0 Social welfare office Kondoa District Council Chemba District Council Computers Chairs Tables Cupboards Shelves Printer 1 6 4 2 1 1 0 4 3 1 0 0 Natural Resources office Kondoa District Council Chemba District Council 8 Local Government Authorities (Division of Assets and Liabilities) GN. NO. 434 (Contd.) Tables Chairs Computers Shelves Land Office Tables Chairs Shelves Computer Cupboards 6 10 2 3 3 6 1 2 Kondoa District Council Chemba District Council 6 6 6 1 2 3 4 0 0 1 Primary School department office Kondoa District Council Chemba District Council Chairs Tables Cupboards Shelves stool chair Television Photocopy Machine Bench Sofa (coach) Computers Printers UPS File Cabinets Dustbin 8 6 8 1 1 2 1 3 2 2 1 2 8 0 9 4 3 2 0 0 0 0 2 2 1 0 2 0 0 Local Government Authorities (Division of Assets and Liabilities) GN. NO. 434 (Contd.) Secondary School department office Tables Chairs Table (Ps) Cupboard (Iron) Computers Photocopy Machine Printers Scanners File Cabinet Water Engineering office Tables Chairs Computers File cabinet Printers Photocopy Machine Fax Drawing Table Bench Shelves Laptop Kondoa District Council Chemba District Council 3 7 1 1 1 1 1 0 1 2 3 0 1 0 0 0 1 1 Kondoa District Council Chemba District Council 7 10 3 2 2 1 1 1 1 1 1 6 9 2 1 1 0 0 0 0 0 1 Health Department Kondoa District Council Chemba District Council 10 Local Government Authorities (Division of Assets and Liabilities) GN. NO. 434 (Contd.) office Tables Chairs Computers Laptop Sofa Coach Cupboard Steel Chairs 17 19 7 4 5 5 46 8 9 4 2 2 3 23 Buildings/House s and Halls Kondoa District Council Chemba District Council Kondoa DC headquarter Office Buildings Kondoa Irangi Conference Centre (KICC) Kondoa District Hospital Primary Schools buildings Secondary Schools Buildings Dispensaries Health Centres Ward Executive Offices Village Council Offices Other Buildings within the jurisdiction of each Council 1 1 1 121 32 32 3 28 97 0 11 0 0 0 101 22 28 4 20 95 0 Local Government Authorities (Division of Assets and Liabilities) GN. NO. 434 (Contd.) _____ SECOND SCHEDULE ____ LIABILITIES (DEBTS) Debts Kondoa District Council Chemba District Council 2/3 of 1,465,455,363.66 the total debt = Tshs. 1/3 of the total debt = Tshs. 732,727,681.83 Debt arising from Service provider’s debts, LAPF, ALAT contribution and Litigation liabilities. TOTAL 1,465,455,363.66 732,727,681.83 Given under my hand and the Public Seal this 16th Day of April, 2020 ………………………………… SELEMANI S. JAFO Minister of State President’s Office, Regional Administration and Local Governments 12