The Warehouse Receipts Act

This section sets out how the Board is made up, including appointment by the Minister, and requires Board members to have high moral character and proven integrity.

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

allowances appointments board composition board governance board meetings board procedure board remuneration corporate governance meeting minutes meeting participation member qualifications quorum voting

Statute overview

About this statute

This section sets out how the Board is made up, including appointment by the Minister, and requires Board members to have high moral character and proven integrity. Board members serve for three years, may be re-appointed, and cannot serve more than two consecutive terms. The Minister may remove the Chairman for incompetence or abuse of office and must consult the nominating body before appointing an alternate member when a vacancy occurs. Board members must be paid allowances, and the Board determines the amount with the Minister’s approval. The Chairman must convene the Board’s first meeting, the Board must meet at least once every four months, and the Chairman must preside at meetings unless members present appoint someone else when the Chairman is absent. A Board meeting has a quorum only if five members are present.

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Provisions of The Warehouse Receipts Act

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1
Short title
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This section sets out how the Board is made up, including appointment by the Minister, and requires Board members to have high moral character and proven integrity.

1.–(1) The Board shall comprise of- (a) the Chairman; and (b) other seven members, of whom shall be appointed by the Minister. (2) The persons to be appointed as members of the Board shall comprise of the following- (a) one member representing the Ministry responsible for crop marketing; (b) two representatives of the cooperative societies as recommended by the Umbrella Co-operative Society, at least one of whom shall be a woman; (c) a representative of the organisation of Tanzania private farmers; (d) a representative of the Tanzania Bankers Association recommended by the Association; (e) a representative of the Tanzania Insurers Association, recommended by the Association; (f) a representative of farmers; and (g) one member representing warehouse operator’s association or organisation. 70 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE WAREHOUSE RECEIPTS ACT [CAP. 339 R.E. 2023] Tenure of office Remuneration of members of Board Convening meetings (3) A person shall not be qualified to be a member of the Board unless he is of high moral character and proven integrity.
2
Application
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Board members serve for three years, may be re-appointed, and cannot serve more than two consecutive terms. The Minister may remove the Chairman for incompetence or abuse of office and must consult the nominating body before appointing an alternate member when a vacancy occurs.

2.–(1) A member of the Board shall hold office for a term of three years and be eligible for re-appointment but shall not hold office for more than two consecutive terms. (2) A member of the Board shall vacate office- (a) by resignation; (b) on written recommendation of the body which he represents to revoke his nomination; (c) upon removal by the Minister on the ground of- (i) misconduct, misbehavior or abuse of office; (ii) failure to attend three consecutive meetings without reasonable excuse as certified by the Board; or (iii) inability to perform the functions of that office arising from infirmity of body or mind; and (d) on affluxion of term of office. (3) The Chairman shall hold office for three years but eligible for re-appointment. (4) The Minister may remove the Chairman from that office on ground of incompetence or abuse of office. (5) Where a vacancy occurs in the office of a member of the Board, the Minister shall consult the body which recommended that member for the purpose of appointing an alternate member of the member who vacated office. (6) An alternate member shall assume responsibilities of the outgoing member and enjoy the privileges until the expiration of the term of office of the member who vacated the office.
3
Interpretation
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Board members must be paid allowances, and the Board determines the amount with the Minister’s approval.

3. Members of the Board shall be paid allowances as the Board may, with approval of the Minister, determine.
4
Establishment of Board
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The Chairman must convene the Board’s first meeting, the Board must meet at least once every four months, and the Chairman must preside at meetings unless members present appoint someone else when the Chairman is absent.

4.–(1) The Chairman shall convene the first meeting of the Board as soon as is practicable after the appointment of the Board and thereafter, the Board shall meet for the transaction of business at times and places that may be decided upon by the Board but the Board shall meet at least once in every four months. (2) The Chairman or, in the absence of the Chairman, a member of the Board appointed by the Board to act as Chairperson may at any time call a special meeting of the Board, or shall call a special meeting upon a written request by a majority of the members of the Board. (3) The Chairman shall preside at meetings of the Board and in his absence, the members present may appoint a member from among themselves to preside at that meeting. Quorum
5
Functions of Board
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A Board meeting has a quorum only if five members are present.

5. The quorum at a meeting of the Board shall be five members. 71 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE WAREHOUSE RECEIPTS ACT [CAP. 339 R.E. 2023] Making decisions Disclosure of interest Co-option of persons to meetings of Board Minutes of proceedings Board to regulate its own proceedings
6
Powers of Board
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Board questions are decided by a majority of the votes of members present, and if votes are equal the presiding person gets a casting vote.

6. Questions proposed at a meeting of the Board shall be decided by a majority of the votes of the members present and where there is equality of votes the person presiding shall have a casting vote in addition to his deliberative vote.
7
Managing Director
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A Board member with a pecuniary interest must disclose it to the Board as soon as possible, and then must not join the Board’s deliberations or decision-making on that matter.

7.–(1) A member of the Board who has any pecuniary interest in a matter being considered or about to be considered by the Board shall, as soon as possible after the relevant facts have come to his knowledge, disclose the nature of his interest to the Board. (2) A disclosure of interest under subparagraph (1) shall be recorded in the minutes of the meeting of the Board and the member making the disclosure shall not in respect of that matter- (a) be present during any deliberation on the matter by the Board; and (b) take part in the decision-making of the Board on the matter.
8
Other staff
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The Board may co-opt a person to a meeting to help with a matter if their qualifications and experience are likely to benefit the Board. A co-opted person may take part in that matter’s proceedings, but may not vote or join other Board proceedings.

8.–(1) The Board may co-opt a person to any meeting of the Board to assist it on any matter where the Board is satisfied that the person’s qualifications and experience are likely to benefit the Board in making a decision on any particular matter. (2) A person co-opted to assist the Board under subparagraph (1) is entitled to take part in the proceedings of the Board at the meeting concerning the matter in connection with which he is co-opted, but shall not be entitled to vote or take part in any other proceedings of the Board.
9
part iii
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The Board must have meeting minutes recorded, confirm each meeting’s minutes at the next meeting, and have the Chairman sign them.

9. The Board shall cause the minutes of its meeting to be recorded and the minutes of each meeting shall be confirmed by the Board at the next meeting and signed by the Chairman of the meeting.
10
Sources of funds
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The Board must regulate its proceedings, subject to this Schedule.

10. Subject to the provisions of this Schedule, the Board shall regulate its proceedings. 72 ©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 Warehouse Receipts Act

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