The Cashewnut Industry Act

Board members serve for three years from appointment and may be reappointed once; they may resign in writing to the Minister, and the Minister must fill early vacancies.

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Jurisdiction: Tanzania
Instrument: Act or statute
Citation: The Cashewnut Industry Act
Version: Undated source snapshot
Language: en
Official source: View official record ↗

appointment appointment defects board governance board meetings board procedure board procedures business conduct conflict of interest disclosure corporate records corporate seals meeting procedure meeting procedures meetings office tenure quorum resignation special meetings voting rights voting rules

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Statute overview

About this statute

Board members serve for three years from appointment and may be reappointed once; they may resign in writing to the Minister, and the Minister must fill early vacancies. This section sets out how the Board must meet, who convenes meetings, how a Vice-Chairman is appointed, and how special meetings are requested and called. The Board may co-opt a person to attend Board deliberations as an expert, but that person cannot vote. Board meetings need a quorum of two thirds of all members, decisions are by simple majority of those present, each member has one vote, and the chair has a casting vote if there is a tie. A member who has a direct or indirect interest in a contract, proposed contract, or matter before the Board must disclose the nature of that interest to the other directors.

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Legal text

Provisions of The Cashewnut Industry Act

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1
Short title
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AI-assisted research summary: Board members serve for three years from appointment and may be reappointed once; they may resign in writing to the Minister, and the Minister must fill early vacancies.

1.–(1) The members of the Board shall hold office for a period of three years from the date of appointment and shall be eligible for re- appointment for one more term. (2) Notwithstanding subparagraph (1), any member of the Board may at any time resign from the Board by giving notice in writing to the Minister and from the date specified in the notice or, if no date specified, from the date of receipt of the notice by the Minister, he shall cease to be a member. (3) A Board member, who is a member by virtue of his holding some office, shall cease to be a member upon his ceasing to hold that office. (4) Where a person ceases to be a member for any reason before the expiration of his term of office, the Minister shall appoint another person in his place and the person so appointed shall hold office for the remainder of the term of office of his predecessor.
2
Interpretation
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AI-assisted research summary: This section sets out how the Board must meet, who convenes meetings, how a Vice-Chairman is appointed, and how special meetings are requested and called.

2.–(1) The Board shall meet four times a year for ordinary business and may convene extra ordinary meetings as it may be deemed necessary for the discharging its functions under this Act. (2) The Board of directors shall appoint one of their members to be a Vice-Chairman. (3) All meetings of the Board shall be convened by the Chairman or in the absence by the Vice-Chairman and in the absence of both, the members present shall elect one of their members to be an interim Chairman of that meeting. (4) The Chairman, or in the absence, the Vice Chairman, shall convene a special meeting of the Board upon a request in writing signed by not less than four members or the Board for such a meeting and shall cause such a meeting to be held within twenty one days of receiving such request. Co-opted members
3
Establishment of Board
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AI-assisted research summary: The Board may co-opt a person to attend Board deliberations as an expert, but that person cannot vote.

3. The Board may co-opt any person to attend any deliberations of the meeting of the Board as an expert but such person so co-opted shall not have the right to vote Quorum and decision of Board
4
Composition of Board
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AI-assisted research summary: Board meetings need a quorum of two thirds of all members, decisions are by simple majority of those present, each member has one vote, and the chair has a casting vote if there is a tie.

4.–(1) The quorum of the meetings of the Board shall be two thirds of the total number of members, and matters or things to be done by the Board shall be decided by a simple majority of the members present at the meeting. (2) Each member of the Board shall have one vote and in the event of equality of votes, the Chairman of the meeting shall have a casting vote. 187 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CASHEWNUT INDUSTRY ACT [CAP. 203 R.E. 2023] (3) Notwithstanding subparagraphs (1) and (2) decisions may be made by the Board by circulation of papers to the members whereby each member shall express his views in writing: Provided that, any member may require that any such decision be deferred for discussion at a full meeting of the Board.
5
Functions of Board
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AI-assisted research summary: A member who has a direct or indirect interest in a contract, proposed contract, or matter before the Board must disclose the nature of that interest to the other directors.

5. A member who is in anyway directly or indirectly interested in a contract declare or proposed contract or any matter being deliberated by the Board shall declare the nature or his interest to the other directors.
6
Committees of Board
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AI-assisted research summary: Board meeting minutes must be kept properly, confirmed at the Board’s next meeting, and signed by the meeting chairman.

6. Minutes of each meeting of the Board of Directors shall be kept in proper form and be confirmed by the Board at its next meeting and signed by the Chairman of the meeting. Members to declare interest Minutes Defects in appointment not to invalidate proceedings
7
Delegation of powers
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AI-assisted research summary: Board acts or proceedings are not invalid merely because there is a vacancy or a defect in a member’s appointment, subject to the quorum rule in paragraph 4.

7. Subject to the provisions of paragraph 4 relating to quorum, the Board notwithstanding any vacancy in the members thereof, no act or proceedings of the Board shall be invalid by reason only or some defect in the appointment of a person who purports to be a member thereof. Seal of Board
8
Direction of Minister
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AI-assisted research summary: The Board has a common seal, may determine its shape, size and form, and may regulate its procedure.

8.–(1) There shall be a Common Seal of the Board which shall be of such shape, size and form as the Board may determine. (2) The Seal of the Board shall not be affixed to any deed, instrument, contracts or agreements, to which the Board is a party except in the presence of Chairman or a member authorised by him and the Director General or a person authorised by him. Power to regulate its procedure
9
Director General
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AI-assisted research summary: The Board may regulate its own proceedings for meetings and the proper conduct of its business, subject to the Act.

9. Subject to the provisions of this Act the Board shall have power to regulate its own proceeding in respect of the meetings and the proper conduct of its business. 188 ©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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The Cashewnut Industry Act

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