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

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

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 Songea District Council and Madaba 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 Songea District Council shall from the effective date of this Order be vested in the Authorities in accordance with the allocation specified in the Schedule. (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 1 Local Government Authorities (Division of Assets and Liabilities) GN. NO. 436 (Contd.) prescribe. (3) For the avoidance of doubt, the details of some particular assets in respect of movable properties, plants, vehicles, motorcycle and boats, office equipments ,immovable properties, liquid assets, Projects are provided for in the First Schedule herein and details of liabilities in respect of debts are provided for in the Second Schedule. (4) All public buildings and other properties which vested in the Songea 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 Songea 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 Madaba District Council and the Songea District Council shall be discharged from its obligations in respect of every such liability.

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

6. Liquid assets and investments specified in the First Schedule to this order vested in the Songea District Council shall, with effect from the effective date by virtue of this Order and without further assurance be divided and vested to the Madaba District Council. Powers of Authorities

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 2 Local Government Authorities (Division of Assets and Liabilities) GN. NO. 436 (Contd.) 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 as- (a) 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) creating in favour or against the authority or any other party any right or liability conferred or imposed under such instrument; (c) receiving the Authorities obligation to which this Order relates and which has ceased to be legally enforceable prior to the effective date of this Order; (d) limiting the powers of the Minister to issue the management, guidelines allocation or vesting of projects or anything not specifically provided for in this Order. concerning (2) Any action or other proceedings pending or instituted by or against the then Songea 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. 436 (Contd.) _____ FIRST SCHEDULE ____ (Made under paragraph 4(3) and 7) _____ ASSETS Plants And Vehicles Songea District Council Madaba District Council

10. STK 7143 Toyota L/cruiser SM 3321 Toyota Pickup SM 4864 Toyota Hilux D/cabin SM 3015 Toyota Hardtop DFP 774 Toyota Hardtop STJ 8837 Isuzu Tipper SM 8994 Toyota Hardtop STK 7491 Toyota Hardtop DFP 4607NToyota S/wagon Water well drilling machines STK 3314 Toyota Hardtop STL 3575 Land rover 110 Combined harvester at Nakahuga irrigation scheme Songea District Council House no.403 plot 33 block “k” House no.402 plot 33 block “k” House no.403 plot 33 block “k” House no.403 plot no. 34 block “k” House no.404 plot 35 block “k” House no.405 plot no. 37 block “k” House no.406 plot 37 block “k” House no.407 plot 39 block “k” House no.408 plot 39 block “k” House no.409 plot 334 block “k” 4 DFP 7528 Toyota Hilux D/cabin SM 4223 Toyota L/cruiser STK 2351 Nissan Hardtop D/cabin SM 5875 Toyota Hardtop SM 4095 Toyota Hardtop SM 2484 Isuzu FTR Tipper Generator installed at the Council head office - - - - - - - Madaba District Council House on plot no. 525 block “BB” House on plot no. 34 Angoni Arms (DED`S RESIDENCE) House on plot no. 525 block “BB” House no. 435 block “V” House no. 434 block “V” House no. 433 block “V” House no. 432 block “V” Offices the natural of resources department (plots 457,458, 459 & 460 block “BB” ) Council head office (plot no. 19 block “H”) House on plot no. 50 block Local Government Authorities (Division of Assets and Liabilities) GN. NO. 436 (Contd.)

32. 33 34 35 Liquid assets House no.410 plot 34 block “k” used House on plot no. 266 block “BB” House on plot no. 6 block “G” House on plot no. 364 block “BB” Social hall plot no. 17 block “H” Office infrastructure by department ( plot no. 364 block “BB”) Office of Water department (plots no. 41 & 43 block “BB” SODECO warehouses Oxen Training Centre – Lilambo Songea District Council 125 tables 195 chairs 21 desktop computers 14 laptop computers 16 printers 5 scanners 35 shelves 1 extension cable 4 steel cabinets 2 television 6 Sofa sets 2 notice board 3 wall clocks 4 Mwalimu Nyerere`s picture 2 table telephone heads 1 calculator 10 refrigerators 1 podium 2 generator 3 photocopier 2 champion trophies 1 president`s picture 1 official seal 1 radio set 3 Wooden benches 1 patient examination bed 7 delivery beds 7 baby scales 3 vacuum extractors 1 Buchman 1 drilling machine 1 Dump level machine & accessories 2 digital cameras 1GPS 1 Total station Songea District Council 5 “G” House on plot no. 6 block “G” - - - - - - Nyerere`s - - Madaba District Council 46 Tables 66 chairs 6 desktop computers 6 laptop computers 9 printers 3 scanners 14 shelves 1 extension cables 1 radio call 1 Theodolite 2 sofa sets 1 steel cabinet 1 hudson machine 1Mwalimu picture 3 motorized machines 6 refrigerators 2 cold boxes 4 vaccine carriers 3 delivery beds 2 photocopier 3 baby scales 1 vacuum extractor 1 buchman 1 digital camera - - - - - - - - - - - Madaba District Council Local Government Authorities (Division of Assets and Liabilities) Tshs 103,061,439.75 - being 30% of the NFRA unpaid revenue to the council for 2014/2015 season. Tshs 1,543,800.00 being 30% of sundry debtors. Madaba District Council Irrigation Ngadinda Village scheme at GN. NO. 436 (Contd.) Receivables Projects Tshs. 343,388,132.50 – being 70% of the NFRA unpaid revenue to the council for 2014/2015 season. Tshs 2,433,200 being 70% of sundry debtors. Songea District Council Irrigation schemes at Nakauga and Namatuhi Villages ____ SECOND SCHEDULE ____ (Made under Paragraph 4(3)) LIABILITIES (DEBTS) Debts Songea District Council Madaba District Council

2. Tshs 88,418,642.70 – being 70% of staff debts Ths. 141,704,738.00 – Being 70% of debts by contractors for works and services rendered Tshs. 26,525,592.81 – being 30% of staff debts Ths. 42,511,421.00 – Being 30% of debts by contractors for works services rendered and 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 6