THE PUBLIC TRUSTEE (POWERS AND FUNCTIONS) ACT
This section gives the Act’s short title: the Public Trustee (Powers and Functions) Act.
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About this statute
This section gives the Act’s short title: the Public Trustee (Powers and Functions) Act. This section defines “agent,” “court,” and “Minister” for the Act, unless the context requires otherwise. The Minister may appoint the Public Trustee for Mainland Tanzania and may also appoint assistants or agents, who can act under the Public Trustee’s control. The Public Trustee is a corporation sole and may sue and be sued in his corporate name. The Public Trustee may act as a trustee and may be appointed by a court, but must stay a sole trustee and must not accept certain trusts or trusts involving a business unless rules allow it.
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Provisions of THE PUBLIC TRUSTEE (POWERS AND FUNCTIONS) ACT
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- 1 Verify source ↗
Short title
This section gives the Act’s short title: the Public Trustee (Powers and Functions) Act.
1. This Act may be cited as the Public Trustee (Powers and Functions) Act. Interpretation - 2 Verify source ↗
Interpretation
This section defines “agent,” “court,” and “Minister” for the Act, unless the context requires otherwise.
2. In this Act, unless the context otherwise requires- “agent” means an agent of the Public Trustee duly appointed in accordance with section 3 of this Act; “court” means the High Court; and “Minister” means the Minister responsible for legal affairs. PART II PUBLIC TRUSTEE Appointment of Public Trustee Ord. No. 2 of 1930 GN. No. 478 of 1962
Part
PART II
- 3 Verify source ↗
Appointment of Public Trustee
The Minister may appoint the Public Trustee for Mainland Tanzania and may also appoint assistants or agents, who can act under the Public Trustee’s control.
3. The Minister may appoint any fit and proper person to be the Public Trustee for Mainland Tanzania, and may appoint one or more assistants or agents to the Public Trustee, and any assistant or agent appointed shall, subject to the control of the Public Trustee, be competent to discharge any of the duties 648 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PUBLIC TRUSTEE (POWERS AND FUNCTIONS) ACT [CAP. 31 R.E. 2023] and exercise any of the powers of the Public Trustee, and when discharging such duties, or exercising the powers, shall have the same privileges and be subject to the same liabilities as the Public Trustee. Corporation sole - 4 Verify source ↗
Corporation sole
The Public Trustee is a corporation sole and may sue and be sued in his corporate name.
4. The Public Trustee shall be a corporation sole by the name of the Public Trustee and as the Public Trustee, shall have perpetual succession, an official seal and may sue and be sued in his corporate name. Duties of Public Trustee Ords. Nos. 39 of 1952 s. 2; 35 of 1961 s.140 and Second Sch. - 5 Verify source ↗
Duties of Public Trustee
The Public Trustee may act as a trustee and may be appointed by a court, but must stay a sole trustee and must not accept certain trusts or trusts involving a business unless rules allow it.
5.–(1) Subject to and in accordance with the provisions of this Part and the rules made under this Act, the Public Trustee may, if he thinks fit- (a) act as an ordinary trustee; and (b) be appointed trustee by a court of competent jurisdiction. (2) Except as expressly provided in this Act, the Public Trustee shall have the same powers, duties and liabilities and be entitled to the same rights and privileges and be subject to the same control and orders of the court as any other trustee acting in the same capacity. (3) The Public Trustee may decline to accept any trust or may accept the same subject to conditions as he may impose. (4) The Public Trustee shall not accept any trust under any composition or scheme of arrangement for the benefit of creditors or any trust of any estate known or believed by him to be insolvent. (5) The Public Trustee shall not, except as provided by any rules made under this Part, accept any trust which involves the management or carrying on of any business. (6) The Public Trustee shall always be sole trustee and it shall not be lawful to appoint the Public Trustee to be trustee with any other person. (7) In addition to his duties as trustee under this Part, it shall be lawful for the Public Trustee to act as executor or administrator either solely or jointly with another person in his capacity as a trust corporation under and in accordance 649 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PUBLIC TRUSTEE (POWERS AND FUNCTIONS) ACT [CAP. 31 R.E. 2023] Cap. 352 Cap. 352 Cap. 27 Appointment of Public Trustee as trustee by person creating trust Appointment of Public Trustee as trustee by court with the provisions of the Probate and Administration of Estates Act: Provided that, in any case where the Public Trustee acts as executor or administrator he shall, without prejudice to the application of the Probate and Administration of Estates Act, have the same powers, duties and liabilities, be entitled to the same rights and privileges, and be subject to the same control and orders of the court as if he were acting in the capacity of Administrator-General, and shall be subject to the provisions of the Administrator-General (Powers and Functions) Act. (8) Nothing in subsections (1) to (6) and this subsection or in the subsequent provisions of this Act shall have application to the Public Trustee acting in the capacity of executor or administrator.
Part
Part and the rules made under this Act, the Public Trustee
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Appointment of Public Trustee as trustee by person
A person creating a trust may appoint the Public Trustee as trustee if the Public Trustee consents and the trust is not one the Public Trustee is barred from accepting.
6.–(1) A person intending to create a trust, other than a trust which the Public Trustee is prohibited from accepting under the provisions of this Part, may by instrument creating the trust, and with the consent of the Public Trustee, appoint the Public Trustee by that name or by any other sufficient description to be the trustee of the property subject to the trust: Provided that, the consent of the Public Trustee shall be recited in the said instrument, and that instrument shall be duly executed by the Public Trustee. (2) Upon the appointment, the property subject to the trust shall vest in the Public Trustee and shall be held by him upon the trusts declared in the instrument. - 7 Verify source ↗
Appointment of Public Trustee as trustee by court
A court may appoint the Public Trustee as trustee of property in trust if the trust is eligible, no trustee in Mainland Tanzania is willing or able to act, and the Public Trustee consents.
7. Where a property is subject to a trust, other than a trust which the Public Trustee is prohibited from accepting under the provisions of this Part, and there is no trustee within the limits of Mainland Tanzania willing to act or capable of acting in the trust, the court with the consent of the Public Trustee may make an order for the appointment of the Public Trustee by that name, to be the trustee of the property. 650 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PUBLIC TRUSTEE (POWERS AND FUNCTIONS) ACT [CAP. 31 R.E. 2023] Transfer of legacy, etc., of infant or lunatic to Public Trustee - 8 Verify source ↗
Transfer of legacy, etc., of infant or lunatic to Public Trustee
Certain people may transfer an infant’s or lunatic’s gift, legacy, or share to the Public Trustee in writing if the Public Trustee consents.
8. Where an infant or lunatic is entitled to any gift, legacy or share of the assets of a deceased person, it shall be lawful for the person by whom the gift is made, or the executor or administrator by whom the legacy or share is payable or transferable, or any trustee of any gift, legacy or share, with the consent of the Public Trustee to transfer the same by an instrument in writing to the Public Trustee by that name or by any other sufficient description: Provided that, the consent of the Public Trustee shall be recited in the said instrument and that the instrument shall be duly executed by the Public Trustee. Security not required - 9 Verify source ↗
Security not required
The Public Trustee does not have to give a bond or security when appointed under this Part, and a court cannot require it.
9. The Public Trustee shall not be required by any court to enter into any bond or security on his appointment in any capacity under this Part. Government liability for acts of Public Trustee - 10 Verify source ↗
Government liability for acts of Public Trustee
The Government must pay sums needed to cover liabilities the Public Trustee would personally owe as a private trustee, unless the liability was not contributed to and could not reasonably have been avoided by the Public Trustee or officers.
10. The Government shall be liable to make good out of the public revenue all sums required to discharge any liability which the Public Trustee, if he were a private trustee, would be personally liable to discharge, except when the liability is one to which neither the Public Trustee nor any of his officers has in any way contributed, and which neither he nor any of his officers could by the exercise of reasonable diligence have averted, and in that case neither the Public Trustee nor the Government shall be subject to any liability. Fees chargeable GN. No. 478 of 1962 - 11 Verify source ↗
Fees chargeable
The Minister may prescribe the fees charged for the Public Trustee’s duties.
11. There shall be charged in respect of the duties of the Public Trustee the fees, whether by way of percentage or otherwise, as the Minister may prescribe. Accounts to be Audited GN. No. 478 of 1962 - 12 Verify source ↗
Accounts to be Audited
The Public Trustee’s accounts must be audited at least once a year, and the Minister may direct additional audits at other times.
12. The accounts of the Public Trustee shall be audited at least once annually, and at such other time as the Minister may direct by prescribed person and in the prescribed manner. Court orders - 13 Verify source ↗
Court orders
The court may make any orders it thinks fit about trust property vested in the Public Trustee, including its interest or produce.
13. The court may make orders as it thinks fit respecting any trust property vested in the Public Trustee or the interest or produce of the trust property. 651 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PUBLIC TRUSTEE (POWERS AND FUNCTIONS) ACT [CAP. 31 R.E. 2023] Power to incur expenditure Power of advancement - 14 Verify source ↗
Power to incur expenditure
The Public Trustee may spend money on acts needed to properly care for and manage property in trusts he administers.
14. The Public Trustee may, in addition to any other powers of expenditure lawfully exercisable by him, incur expenditure on acts as may be necessary for the proper care and management of any property belonging to any trust administered by him. - 15 Verify source ↗
Power of advancement
The Public Trustee may pay money from property in his care for a person’s advancement, education, marriage, or other benefit, but only up to half of that person’s presumptive or vested share or interest.
15. The Public Trustee may in his discretion out of the property in his care make payments for the advancement, education, marriage or other benefit of any person entitled to the capital of the said property or any share of the property: Provided that, the money paid or applied for the advancement or benefit of any person shall not exceed altogether in amount one half of the presumptive or vested share or interest of that person in the said property. Power to make rules GN. No. 478 of 1962 - 16 Verify source ↗
Power to make rules
The Minister may make rules about how funds held by the Public Trustee are safely kept, deposited, and invested.
16. The Minister may make rules for the safe custody, deposit and investment of funds which come into the hands of the Public Trustee and for the better carrying out of or rendering effective the provisions of this Part. PART III PUBLIC TRUSTEE INVESTMENT BOARD Establishment of Public Trustee Investment Board Ord. No. 46 of 1940 s. 2 GN. No. 478 of 1962
Part
PART III
- 17 Verify source ↗
Establishment of Public Trustee Investment Board
This section establishes the Public Trustee Investment Board and gives the Minister power to appoint its members, chairman, and secretary, and to replace members.
17.–(1) For the purposes of this Part, there shall be established a board to be known as the Public Trustee Investment Board, in this Part referred to as “the Board”. (2) The Board shall consist of members as the Minister may, by notice in the Gazette, appoint. (3) The Minister shall appoint from amongst the members of the Board, the Chairman and the Secretary of the Board. (4) The Minister may, in the same manner replace any member appointed by another member. (5) Three members of the Board, which shall include the Chairman and the Secretary, shall form a quorum. 652 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PUBLIC TRUSTEE (POWERS AND FUNCTIONS) ACT [CAP. 31 R.E. 2023] Formation of common fund Ord. No. 46 of 1940 s. 3 GN. No. 478 of 1962 Investments to be sanctioned Ord. No. 46 of 1940 s. 4 Authorised investments Ord. No. 46 of 1940 s. 5 GN. No. 478 of 1962 - 18 Verify source ↗
Formation of common fund
The Public Trustee must treat qualifying capital moneys as one common fund, the Board sets the interest rate, and the Minister may make regulations about interest payments and calculation.
18.–(1) All capital moneys, however arising, which shall come into the hands of the Public Trustee whether before or after the coming into operation of this Act, and whether directed to be invested or not, shall, unless expressly forbidden to be invested in the instrument creating the trust, be one common fund, and may be invested as provided by section 20, and any investments made from the common fund shall not be made on account of or belong to, any particular estate. (2) The interest payable to the respective estates, the moneys of which form the common fund, shall be at a rate to be determined by the Board from time to time and the rate of interest shall be credited to the respective estates half-yearly, namely, on the first day of April and on the first day of October in each year. (3) The Minister may make regulations as he thinks proper as to the payment or non-payment of interest on moneys belonging to any estate, and as to the period from which interest, if allowed, is to be computed. - 19 Verify source ↗
Investments to be sanctioned
Investments in the common fund, and certain earlier investments, may not be made or disposed of unless the Board sanctions them.
19. An investments of moneys in the common fund shall not be made, and an investments made prior to the commencement of this Act shall not be sold, transferred, converted or otherwise disposed of, without the sanction of the Board: Provided that, a person dealing with the Public Trustee in the matter of the sale or purchase of any investment shall not be under any obligation to inquire whether the sale or purchase has received the sanction of the Board. - 20 Verify source ↗
Authorised investments
The common fund may be invested in legally authorised trust-fund investments, in first mortgages over immovable property in Mainland Tanzania up to three-fifths of the property value, or in fixed deposits with a bank approved by the Minister.
20. Moneys in the common fund may be invested- (a) in any manner authorised by law for the investment of trust funds; (b) by way of first mortgage on immovable property in Mainland Tanzania up to an amount not exceeding three-fifths of the value of the property; or (c) by way of fixed deposit with a bank approved by the Minister. 653 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PUBLIC TRUSTEE (POWERS AND FUNCTIONS) ACT [CAP. 31 R.E. 2023] Creation and utilisation of reserve fund Ord. No. 46 of 1940 s. 6; GN. No. 478 of 1962 - 21 Verify source ↗
Creation and utilisation of reserve fund
The Board must direct how certain surplus common-fund income is handled in April and October each year, and the Minister may make rules for how reserve-fund money is invested or used.
21.–1(1) In the months of April and October in each year, the Board shall give directions to the Public Trustee, as may be necessary with regard to the disposal of any balance standing to the credit of the income account of the common fund at the end of the preceding year, after interest payable to the respective estates and other lawful charges have been duly debited to the said income account and any part of the balance as the Board may direct, shall be carried to the credit of a reserve fund, and the remainder, if any, shall be carried to the credit of the income account for the current year. (2) The Minister may make rules governing the investment or use of moneys in the reserve fund, and, subject to anything contained in the rules, the reserve fund shall be under the control of the Board, and the moneys in the reserve fund may be invested as provided by section 20 in the case of moneys belonging to the common fund, or may be used for any of the following purposes to: (a) make good any lawful claims on the common fund which cannot be met from the reserve fund, whether the claims relate to capital moneys or to income; (b) meet any liability which the Government may have incurred under section 10 of this Act; (c) meet costs, charges, expenses and moneys as may be awarded against the Public Trustee or incurred by the Public Trustee or in obtaining legal opinions or in any legal proceedings of general interest to which the Public Trustee is, or is made, a party, or is in any way interested or affected, and which costs, by reason of the general interest and importance of the matter in dispute, cannot be fairly charged against any particular estate under administration by the Public Trustee; and 1 Note: The income of the Reserve Fund established under the authority of section 21 was declared exempt from income tax: vide GNs. Nos. 186 of 1954 and 290 of 1961 (L.N. No. 51). 654 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PUBLIC TRUSTEE (POWERS AND FUNCTIONS) ACT [CAP. 31 R.E. 2023] (d) meet other costs, charges, expenses or liabilities arising out of the administration of the common fund as the Board may at any time decide. 655 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.
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