The Local Government Authorities (Division of Assets and Liabilities) Order, 2020
This Order may be cited as the Local (Division of Assets and Government Authorities Liabilities) Order, 2020.
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This Order may be cited as the Local (Division of Assets and Government Authorities Liabilities) Order, 2020. This section defines key terms used in the Order, including “assets and liabilities,” “Authorities,” and “Minister.” Assets, rights, debts, expenses, liabilities, and related contract interests listed in the schedules vest in the Authorities from the effective date; the Minister may prescribe how any unallocated items are to be allocated and vested. Liabilities tied to the transferred assets move to the Authority from the effective date. Relevant instruments stay in force, and the Kondoa District Council’s rights and liabilities under them move to Kondoa Town Council.
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Provisions of The Local Government Authorities (Division of Assets and Liabilities) Order, 2020
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This Order may be cited as the Local
AI-assisted research summary: This Order may be cited as the Local (Division of Assets and Government Authorities Liabilities) Order, 2020.
1. This Order may be cited as the Local (Division of Assets and Government Authorities Liabilities) Order, 2020. Interpretation Division of assets - 2 Verify source ↗
In this Order unless the context otherwise
AI-assisted research summary: This section defines key terms used in the Order, including “assets and liabilities,” “Authorities,” and “Minister.”
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 Kondoa Town Council; “Minister” means the Minister for the time being responsible for Local Government. - 3 Verify source ↗
(1) All movable and
AI-assisted research summary: Assets, rights, debts, expenses, liabilities, and related contract interests listed in the schedules vest in the Authorities from the effective date; the Minister may prescribe how any unallocated items are to be allocated and vested.
3.-(1) All movable and immovable assets, income, debts, expenses and all rights, franchise 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. (2) Any asset or in subsection (1) above which shall remain unallocated as liabilities stipulated 1 Local Government Authorities (Division of Assets and Liabilities) GN. NO. 437 (Contd.) 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, and boats, office plants, vehicles, motorcycle equipments 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. ,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 Verify source ↗
(1) All liabilities in relation to the assets
AI-assisted research summary: Liabilities tied to the transferred assets move to the Authority from the effective date.
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 Kondoa Town Council and the Kondoa District Council shall be discharged from its obligations in respect of every such liability. - 5 Verify source ↗
All instrument to which the Kondoa District
AI-assisted research summary: Relevant instruments stay in force, and the Kondoa District Council’s rights and liabilities under them move to Kondoa Town Council.
5. All instrument to which the Kondoa District Council is a part and which relate to any asset or liability transferred to Kondoa Town 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 Kondoa Town council. Liability in relation to assets Instruments Division of liquid assets and investments - 6 Verify source ↗
Liquid assets and investments specified in the
AI-assisted research summary: Certain liquid assets and investments are to be divided and vested in the Kondoa Town Council from the effective date.
6. Liquid assets and investments specified in the First Schedule to this Order vested in the Kondoa District Council shall, with effect from the effective date 2 Local Government Authorities (Division of Assets and Liabilities) GN. NO. 437 (Contd.) Powers of authorities ? by virtue of this Order and without further assurance be divided and vested to the Kondoa Town Council. - 7 Verify source ↗
For avoidance of doubt and without prejudice
AI-assisted research summary: The Authorities may exercise powers to recover property and to enforce rights, liabilities, or obligations under this Order.
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 Verify source ↗
(1)Nothing in this Order shall be construed as
AI-assisted research summary: This section preserves existing legal positions, lets proceedings continue against the new Authority for transferred assets or liabilities, and preserves the Minister’s power to issue guidelines.
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 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; and to (d) 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. 437 (Contd.) ______ FIRST SCHEDULE ______ (Made under paragraph 4(3) and 7) ______ ASSETS Plants and Vehicles Kondoa District Council Kondoa Town Council - 15 Verify source ↗
Section 15
AI-assisted research summary: This section lists vehicles and related equipment included in the local government assets and liabilities schedule.
15. STK 3696 Toyota( Land Cruiser) SM 10326 Toyota(D/Cabin) SM 6111 Toyota( V8) SM 4367 Toyota (GX) STK (No number) Toyota (Hilux SM 5081 Toyota( Land Cruiser) SM 3986 Toyota( Land Cruiser) SM 5864 Toyota( Land Cruiser) SM 4743 Toyota( Land Cruiser) SM 3065 Toyota( Land Cruiser) SM 5195 Toyota( Land Cruiser) STK 3198 Toyota( Land Cruiser) SM 3943 Tata(Tipper Lorry) SM 4017 Tata(Tanker -water) STG 3121 Isuzu (Tipper) DFP 2643 Nissan (D/Cabin) STK (No number) Toyota (Hilux CW5621 Tractor STL 945 Toyota( Land Cruiser) CW5621 Trailer STK 8243 Suzuki-Samurai CW5621 Hoe Tractor SM 2559 Isuzu (Long Base) 0 STJ 303 Toyota(Tipper Lorry) DFP 6282 Toyota( Land Cruiser) STL 1608 Land Rover 0 0 0 4 Local Government Authorities (Division of Assets and Liabilities) GN. NO. 437 (Contd.) - 19 Verify source ↗
Section 19
AI-assisted research summary: This section lists assets and debts for Kondoa District Council and Kondoa Town Council.
19. DFP 6116 Toyota( Land Cruiser) DFP 8506 Toyota( D/Cabin) DFP 7180 Toyota( Land Cruiser) Caterpillar Bulldozer D.4E 0 0 0 0 Office Equipments Kondoa District Council Kondoa District Council Human Resources’ office Computers Tables Chairs Printers Scanner Photocopy Machine Laptops Television File Cabinet Cooperative,Agricultural and Irrigation office Tables Chairs Computers Laptops Printers Fridge File Cabinet Photocopy Machine 3 9 13 1 1 1 1 1 1 7 9 4 2 4 1 3 1 5 1 3 12 1 0 0 0 0 0 4 7 1 1 1 0 0 0 Local Government Authorities (Division of Assets and Liabilities) GN. NO. 437 (Contd.) Television Computer Tables Council Treasury &Trade Office Tables Chairs Cupboards Computers Printers Television Laptops Procurement Unit’ office Tables Chairs Cupboards Photocopy Machines Engineering Office Tables chairs Cupboards Computers Laptops Photocopy Machines Printers Shelves Scanner Camera 2 2 2 3 1 10 1 1 2 1 5 1 1 5 6 1 1 1 1 2 1 1 1 6 1 1 1 3 1 0 0 0 0 1 1 0 0 2 2 1 2 0 0 1 0 0 2 Local Government Authorities (Division of Assets and Liabilities) GN. NO. 437 (Contd.) GPS Dump Level Internal Audit office Executive Chairs Executive Table Chairs(guests) Computers Printers Laptops Council Economist office Tables Chairs Shelves Fridge Laptop Printers Scanners Legal Section Office Tables Chairs Computers Printers Executive Chair Social welfare office Computers Chairs 1 1 1 1 2 1 1 1 3 6 4 1 1 1 1 3 4 1 1 1 1 6 7 0 0 1 1 0 0 0 0 1 2 0 0 1 0 1 1 2 0 0 0 1 6 Local Government Authorities (Division of Assets and Liabilities) GN. NO. 437 (Contd.) Tables Cupboards Natural Resources office Tables Chairs Computers Shelves Cupboards Land Office Tables Chairs Shelves Cupboards Primary School department office Chairs Tables Cupboards Shelves stool chair Television Photocopy Machine Bench Sofa (coach) Computers Printers UPS 6 2 4 3 1 3 2 5 4 4 2 25 10 6 8 1 1 1 1 3 2 2 1 8 5 1 2 2 1 3 1 2 3 4 1 10 4 3 2 0 0 1 0 2 2 1 0 Local Government Authorities (Division of Assets and Liabilities) GN. NO. 437 (Contd.) File Cabinets Dustbin Secondary School department office Tables Chairs Table (Ps) Cupboard (Iron) Computers Photocopy Machine Printers Scanners File Cabinet Water Engineering office Tables Chairs Computers Printers Photocopy Machine Fax Drawing Table Bench Shelves Laptop 2 5 1 3 1 1 1 1 1 1 1 9 12 1 1 1 1 1 1 1 1 2 3 1 2 0 0 0 0 0 0 0 4 6 1 0 0 0 0 0 0 0 Buildings/Houses Kondoa District Council Kondoa Town Council KIRDEP House (DED) KIRDEP House (DT) 1 0 9 0 1 Local Government Authorities (Division of Assets and Liabilities) GN. NO. 437 (Contd.) DAICO House House for DPLO House for DEO (P) Chemchem Servant Quarter House for Legal Officer New Houses House for DMO Houses located at Kondoa District Hospital Houses located at Ubembeni area-NHC House for Accountant House for Doctor House for Health Officer House for Nurse Houses located at Kwapakacha-NHC Line Police NBC Club Offices Buildings and Halls Kondoa DC headquarter Office Buildings Kondoa TC headquarter Office Buildings Agriculture and Livestock Department Office Building Livestock Health Building at Kwapakacha Water and Civil Engineering Office 0 1 1 1 1 1 0 0 0 0 0 1 1 0 0 1 0 1 0 1 10 1 0 0 0 0 1 1 5 16 1 1 0 0 3 1 0 1 0 1 0 Local Government Authorities (Division of Assets and Liabilities) GN. NO. 437 (Contd.) Buildings Offices for Manager of Kondoa Urban Water Kondoa District Hospital Buildings Kondoa Irangi Conference Centre (KICC) Centre for Youth conference Hall. One Stop Centre Building Chemchem Abattoir Building Former Market Building. 1 1 0 1 1 1 1 0 0 1 0 0 0 0 _____ SECOND SCHEDULE ____ LIABILITIES (DEBTS) Debts Kondoa District Council Kondoa Town Council Service providers debts 147,791,937 73,895,967.6 Contractors debts 2,387,939,363 70,516,130 Council Staffs( Non Teachers)debts Council Staffs(Teachers) debts 210,293,974 105,146,987 274,330,072 112,907,934 Councillors debts 72,378,362 28,533,552 LAPF debt 929,361,941 184,816,391.93 Land compensations debts 89,923,994 89,923,994 11 Local Government Authorities (Division of Assets and Liabilities) GN. NO. 437 (Contd.) Financial Institutions debts 74,881,214 0 ALAT debt 27,836,250 7,851,250 Miscellaneous deposit Account debt 59,911,020 27,992,980 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
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