The Tea Industry Act

1.–(1) The functions of the Agency shall-be to- (a) enhance capacity building for small holder tea growers; (b) facilitate tea extension services to small-holder tea growers; (c) strengthen the existing ground level tea grower groups. (d) facilitate development of tea cultivation in new areas; and (e) mobilise small-holder growers in the construction of green leaf processing facilitate. (2) The Minister may by order published in the Gazette add to or replace any of the functions of the Agency provided always the minister may give to the Agency directions of a general or specific character as to the carrying out of its functions and in the exercise of its powers in relation to matters appearing to the Minister to be of national interest and the Agency shall give effect to any such directions. (3) Subject to the consent in writing of the Minister and after the consultation with the Minister for the time being responsible for finance, the Agency shall have power to promote, establish operate or invest any or all of its funds in a tea estate or factory in the United Republic and in any business or undertaking which may be incidental or conducive thereto and may for such purpose acquire interest or shares in any company and may, for the purpose of obtaining interest or shares in such company, transfer to such company any of its assets provided always if he deems fit the Minister may direct the Agency to withdraw from or otherwise withhold any investment interest, shares previously made in any venture or undertaking in accordance with the provisions of this section and the Agency shall act accordingly.

2.–(1) The Board of Directors of the Agency shall be appointed by the Minister as follows: (a) two members representing small-holder tea growers; (b) one member from the Ministry responsible for agriculture; (c) two member with knowledge and experience in the tea industry who shall be appointed by the Minister responsible for agriculture; (d) one member from tea research institute, and (e) the Chief Executive Officer of the Board. 67 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE TEA INDUSTRY ACT [CAP. 275 R.E. 2023] (2) The Chairman shall be appointed by the Minister. (3) The Chief Executive Officer of the Agency shall be secretary to the Board. (4) The members shall annually appoint from amongst themselves a Vice-Chairman; (5) The term of office for each member of the Board shall be three years and the member may be re-appointed; (6) The Chairman and other Board of Directors of subsidiary companies shall be appointed by the Minister on recommendation of the Board of the Agency. (7) The Board or the Agency shall meet at such times as may be necessary or expedient, at least not less than four times a year, for the transaction of its business and all meetings of the Board or the Agency shall be convened by the Chairman or in his absence from the United Republic or incapacity through illness, the Vice-Chairman, who shall appoint a suitable time, place and date for the holding of each meeting. (8) The Chairman or, in his absence from the United Republic or incapacity through illness, the Vice-Chairman, shall convene a special meeting of the Board or the Agency one request in writing signed by not less than four members of the Agency for such a meeting and shall cause the meeting to be held within twenty-one days of the receipt by him of such request. (9) Except in the case of a special meeting such as is referred to in subparagraph (b) at least fourteen days’ notice in writing, specifying the business to be transacted at the meeting, shall be given of each meeting to every member of the Board of the Agency. (10) The Chairman, or in his absence, the Vice-Chairman, shall preside at the meeting of the Board or the Agency. In the absence of both the Chairman and the Vice-Chairman the members present at the meeting shall elect one of their number to be Chairman for that meeting.

3.–(1) Four of the members shall constitute a quorum at any meeting of the Board or the Agency. (2) All acts, matters and things authorised to be done by the Agency shall be decided by resolution at a meeting of the Board or the Agency at which a quorum is present. (3) A decision of the majority of members present and voting at a meeting of the Board or the Agency shall be deemed to be a decision of the Agency. (4) Every member of the Agency shall have one vote and in the event of an equality of votes the Chairman of the meeting shall have a second or casting vote in addition to his deliberative vote. (5) Notwithstanding the provisions of subparagraph (2) where the Chairman so directs a decision may be made by the Agency without a meeting by circulation of the relevant papers among all the members 68 Quorum ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE TEA INDUSTRY ACT [CAP. 275 R.E. 2023] and the expression in writing of their views, but any member shall be entitled to require that any such decision be deferred until the subject matter shall be considered at a meeting of the Agency. Minutes

4. Minutes in proper form of each meeting of the Board or the Agency shall be kept and confirmed by the Board at its next meeting signed by the Chairman of the meeting. Appointment of Director General of Agency and other employees Act No. 20 of 2009 s. 16

5.–(1) The Minister shall, upon the recommendation of the Board of the agency, appoint the Director General who shall be the Chief Executive Officer of the Agency. (2) The Director General of the Agency shall hold office for a term of five years and may be eligible for renewal subject to the satisfaction of the Board of the Agency on his performance. (3) The Board of Directors of the Agency may appoint, at such salaries and upon such terms and conditions such number of officers to the management of the Agency. (4) The Director General of the Agency shall employ such number of employers as necessary for proper and efficient performance of the functions of the Agency. Agency to regulate its own proceedings Act No. 20 of 2009 s. 10

6. Subject to the provisions of this Schedule and to any rules which may be made under section 31 of the Act, the Agency shall have power to regulate its own procedure and may from time to time make standing orders providing for all matters relating to the meetings of the Agency and the proper conduct of its business. Seal

7. All deeds, instruments, contracts and other documents shall be deemed to be duly executed by or on behalf of the Agency- Vacancy not to invalidate proceedings Vacancy (a) if sealed with the seal of the Agency and signed by the Chairman or the Vice-Chairman or the Chief Executive and two other members of the Board of the Agency or; (b) if executed in that behalf by one member of the Board of the Agency and the Secretary to the Board of the Agency both of whom have been authorised by the Agency for the purpose.

8. Subject to the provisions of this Schedule relating to the quorum, the Agency may act notwithstanding any vacancy in the membership thereof and no act or proceeding of the Agency shall be invalid by reason only of some defect in the appointment of a member or a person who purports to be a member.

9. Subject to the availability of vacancies or positions the services of persons employed by the Authority may be transferred to the Board or the Agency as the Minister may find expedient and the employment of all such persons so transferred shall be regarded as continuous provided that the Board or the Agency as the case may be shall not be bound by virtue of the provisions hereof to engage any person who was 69 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE TEA INDUSTRY ACT [CAP. 275 R.E. 2023] previously employed by the Authority and whose service or services are non-existent in the Board or the Agency as the case may be the services of that such an employee shall be considered terminated and such an employee shall be paid his terminal benefit by the Agency according to the law governing his contract of employment. Application of certain provisions of Board to Agency

10. The following provisions relating to the Board shall also apply mutatis mutandis to the Agency namely sections 9, 10, 11, 12, 13, 29, 30, 31 and 32. 70 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.