The Coffee Industry Act

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

appointment defects appointments board appointment board composition board decisions board governance board meetings board membership board procedure board remuneration corporate governance corporate records director appointment director disclosure eligibility screening meeting procedure resignation vacancies written resolutions

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About this statute

This section sets the Board of Directors’ membership, gives the Minister appointment responsibility for certain members, lets the Minister review board representation from time to time, and makes the Director-General the Board’s Secretary. Board members serve for three years, may be reappointed only up to two consecutive terms, and may resign by written notice to the Minister. The Board must meet at least four times a year, the Chairman must convene Board meetings, and a special meeting must be called within 21 days after a written request signed by at least four Board members. The Board may also require an expert attendee, but that person cannot vote. The Chairman and other Board members are entitled to allowances at rates approved by the Minister. If a Board member cannot attend a Board or Committee meeting, they must appoint in writing another person from the same institution to attend for that meeting.

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Provisions of The Coffee Industry Act

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1
Short title
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This section sets the Board of Directors’ membership, gives the Minister appointment responsibility for certain members, lets the Minister review board representation from time to time, and makes the Director-General the Board’s Secretary.

1.–(1) The Board of Directors shall consist of nine members as follows: (a) a Chairman, who shall be appointed by the President upon advice of the Minister; (b) one member from not less than three and not more than five recommended names by Tanzania Coffee Association; (c) one member from not less than two and not more than three names recommended by Association of Coffee Growers; (d) three members from three major Coffee zones recommended by respective Cooperative Unions; (e) one member representing the Ministry; and (f) two persons who possess knowledge and experience in the coffee industry. (2) The members specified under paragraph (b), (c), (d), and (e) of subsection (1) shall be appointed by the Minister. (3) The minister may, from time to time review the representation of the Board members from various institutions. (4) The Director-General shall be the Secretary to the Board of Directors.
2
Interpretation
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Board members serve for three years, may be reappointed only up to two consecutive terms, and may resign by written notice to the Minister.

2.–(1) The members of the Board of Directors shall hold office for a period of three years from the date of appointment and shall be eligible for re-appointment provided that no member shall be appointed for more than two consecutive terms. (2) In the case of a Board member, who is a member by virtue of his holding some office, he shall cease to be a member upon his ceasing to hold that office. (3) 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 487 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE COFFEE INDUSTRY ACT [CAP. 347 R.E. 2023] Meetings of Board in the notice or, if no date is so specified, from the date of receipt of the notice by the Minister, he shall cease to be a member.
3
Establishment of Board
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The Board must meet at least four times a year, the Chairman must convene Board meetings, and a special meeting must be called within 21 days after a written request signed by at least four Board members. The Board may also require an expert attendee, but that person cannot vote.

3.–(1) The Board of Directors shall meet at least four times a year and at such other times as may be necessary or expedient for the transaction of business of the Board. (2) All meetings of the Board shall be convened by the Chairman. (3) The Chairman shall convene a special meeting of the Board upon a request in writing signed by not less than four members of the Board for such a meeting and shall cause such a meeting to be held within twenty one days of receiving such request. (4) The Board may require any person to attend any deliberations of the meeting of the Board as an expert but such person so required shall not be allowed to vote. Board members to be paid allowances
4
Management of Board
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The Chairman and other Board members are entitled to allowances at rates approved by the Minister.

4. The Chairman and other members of the Board shall be entitled to such allowances and at such rates as the Minister may from time to time approve. Alternate members
5
Functions of Board
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If a Board member cannot attend a Board or Committee meeting, they must appoint in writing another person from the same institution to attend for that meeting.

5. Where a Board member is unable for any reason to attend the meeting of the Board or a Committee of the Board as the case may be, he shall in writing appoint another person from the institution which the member represents to attend the meeting in his place for the purpose of that meeting. Power to regulate its procedures
6
Minister may give directions and take disciplinary measures
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The Board may regulate its own meeting procedures and the conduct of its business, subject to the Act.

6. Subject to the provisions of this Act, the Board shall have powers to regulate its own procedures in respect of meetings and the proper conduct of its business. Quorum
7
Registration of coffee growers
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The Board needs four members for a quorum, decides business by simple majority, each member gets one vote, and the meeting chairman has a casting vote if votes are tied.

7.–(1) Four members of the Board shall constitute a quorum at any meeting and all acts, matters or things to be done by the Board shall be decided by a simple majority of the members present. (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 in addition to his normal vote. Minister may appoint a member
8
Types and varieties of coffee or plants
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If a Board member leaves office early, the Minister may appoint a replacement, and that replacement serves for the rest of the predecessor’s term.

8. Where a person ceases to be a Board member for any reason before the expiration of his term of office, the Minister may 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. Disqualification of Board Member
9
Restriction on coffee seed and seedlings or plants
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A person who is insolvent or bankrupt, or who has been sentenced to at least six months' imprisonment without a fine option and has no free pardon, is not eligible to be appointed a Board member.

9. A person who- (a) has been adjudged or otherwise declared insolvent or bankrupt and has not been discharged within the period of five years proceeding his appointment; (b) has been sentenced to a term of imprisonment of or exceeding six months imposed without the option of a fine and has not received a free pardon, shall be appointed a Board member. 488 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE COFFEE INDUSTRY ACT [CAP. 347 R.E. 2023] Director to declare interest
10
Only certified seeds or seedlings to be grown
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A director with an interest in a contract, proposed contract, or Board matter must tell the other directors what that interest is.

10. A director who is in any way directly or indirectly interested in a contract or proposed contract or any matter being deliberated by the Board shall declare the nature of his interest to the fellow directors. Circular resolution Minutes
11
Board to make regulations
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A written circular resolution signed by all directors in Tanzania counts as effective as a board meeting decision, but a member can require the matter to be taken to the next board meeting.

11. A circular resolution in writing signed by all the directors for the time being in Tanzania shall be as effectual as a decision made at a meeting provided that a member may require that notwithstanding the directors’ signatures the matter be brought at the next board meeting.
12
Power to issue various coffee dealer’s licences
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The Board must confirm the minutes of each meeting at its next meeting, and the Chairman of the meeting must sign them.

12. Minutes in proper form of each meeting of the Board shall be kept and shall be confirmed by the Board at its next meeting and signed by the Chairman of the meeting. Defects in appointment not to invalidate proceedings
13
Registration of processing factory
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The Board of Directors may act even if there are vacancies in its membership, and its acts are not invalid just because a member was improperly appointed.

13. Subject to the provisions of paragraph 7 relating to quorum, the Board of Directors may act notwithstanding any vacancy in the members thereof and no act or proceedings of the Board shall be invalid by reason only of some defect in the appointment of a person who purports to be a member thereof. 489 ©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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The Coffee Industry Act

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