Ngorongoro Conservation Area Ordinance (Establishment of Ngorongoro Pastoral Council) Rules, 2000 (G.N. No. 234 of 2000)

GoVERNMENT NOTICE No. 234 published on 23/6/2000 THE NGORONGORO CONSERVATION AREA ORDINANCE (CAP. 413) RULES Made under section 24 THE NGORONGORO CONSERVATION AREA ORDINANCE (ESTABLISHMENT OF NGORONGORO PASTORAL COUNCIL) RULES, 2000 1. These rules may be cited as the Ngorongoro Conservation Area (Establishment ofNgorongoro Pastoral Council) Rules, 2000, shall come into operation on the date of publication and shall apply to all Pastoralists residing within the Ngorongoro Conservation Area. 2. In these Rules unless the context otherwise requires "Area" means the Ngorongoro Conservation Area to which the Ordinance applies; "Board" means the Board of Directors ofNgorongoro Conservation Area Autlwrity established under the Ordinance; "Conservator" means the pt:rson for the time being appointed to the office of the Conservator of Ngorongoro Conservatiop Area Authority and includes any other person lawfully authorised to act in that capacity; "Constitution of the Pastoral Council" means the Constitution of the Ngorongoro Pastoral Council title4 in Kiswahili "Katiba ya Baraza la Wafugaji" as prescribed in the Schedule to these rules: "Schedule" means the Schedule to these rules titled "Katiba ya Baraza la wafugaji waishio katika Hifadhi ya Ngorongoro"; Citation and Com mence ment Interpre tation 11P:1storalists" means the pastoralists who \Vere in habitants ofNgorongorc Conservation Area before the area was declared by the Government of Tanganyika in 1959 by proclamation in the Government Gazette. to be the Conservation Area and their generations; Ordi- Ordinance" means the Ngorongoro Conservation Area Ordinance: nance No. 14 of 1959 "Pastoral Council" means the Pastoral Council ofNgorongoro Pastoralists Cap. 413 established under rule 3 of these rules; Cap. 413 "Aurhority" means the Ngorongoro Conservation Area Authority estab lished under Section 4 of the Ordinance. Estab lishment of the Council Office of the Council Functions of the Council Decision ofthc Council PART II ESTABLISHMENT AND FUNCTIONS OF THE PASTORAL COUNCIL 3. -(I) There is hereby established the Council to be known as the Ngorongoro Pastoral Council. (2) The Council established under subrule (1) shall be composed of such number of members as specified in the constitution. (3) The Council shall for the purposes of tenure of office, proceeding or any other matters of the Council, be governed by the constitution. 4. The Council shall have its separate and independent office or offices at such place within Ngorongoro Conservation Area as the Conservator may direct or in any other place as the Conservator and the Council may deem appropriate. 5. Powers, functions and source, offunds of the Council shall be as provided for under the Constitution as prescribed in the Schedule to these rules. 6. The Council shall, before making its decision on any matter relating to Conservation and development of pastoralists in the area, involve the Ngorongoro pastoralists. 7. -( 1) The Council shall wherever it deems appropriate have power to amend vary or replace all or any of the provisions of the Constitution. (2) Notwithstanding sub rule (1), the Council shall before exercising its powers under sub-rule ( 1 ), submit the proposal for amendment, varia tion or replacement of all or any of the provisions of the Constitution to the Board for consideration. (3) · The Board shall, after receiving the proposals for amendment of the Constitution under sub-rule (2) and after due consideration of the matter, submit the proposal to .the Minister for approval and publication in the official Gazette. ( 4) The Board may, where the proposed amendments or variation of the Constitution contravene any of the provisions of the Ngorongoro Conservation Area Ordinance or any other regulation made under it dis approve the proposal and advise the Council accordingly. 8.--{1) The Council shall, for the purpose of development within the area, have power to develop and plan for implementation of any project and submit the project proposal to the Authority. (2) Upon submission of the project proposals to the Authority under subrule (1), the funds budgeted in any financial year of the Authority for Ngorongoro Pastoralists development projects, shall be remitted to the Pastoral Council to carry out its functions for the targeted people as de scribed in the Constitution. 9. -( 1) The funds budgeted for and remitted to the Pastoral Council shall remain under the control of the Board and the Board shali cause to be provided and kept proper books of accounts and records in respect of such funds that is to say (a) The Board shall cause to be made and kept in accordance with accounting practice proper records in respect of the receipt and expenditure of money and other financial transactions involving the Authority's money budgeted for and remitted to the Pastoral Council to enable it carry out its functions; (b) the Board shall cause to be prepared for every financial year a balance sheet and a statement showing details of the expenditure of Pastoral Council's money from the Authority. Proce dure for Amend ment of the Constitu tion Develop ment project Board to control funds Cap. 16 (2) Not later than six months after the close of every financial year the accounts including the balance sheet of the Pastoral Council relating to that financial year shall be audited by registered and credible auditors subject to authorisation by the Board. (3) As soon as the accounts of the Pastoral Council have been au dited, and in any case not later than six months after such audit, the Pastoral Council shall submit an audit report to the Conservator who shall as soon as practicable cause a copy of such report made by the auditors, to be submitted to the Board. 10.-(1) Any person or member of the Pastoral Council who utilises the Authority's money remitted to the Pastoral Council for any purpose other than the purposes stated in the constitution commits an offence. (2) Any person who commits an offence under these rules shall on conviction be liable to a fine or imprisonment as may be appropriate under the Penal Code. SCHEDULE Under Rule 2 KATIBA YA BARAZA LA WAFUGAJI WAISI-IlO HIFADI-Il YA NGORONGORO 1.0. SEHEMU YA KWANZA: UFAFANUZI 1.01 ''Baraza la Wafugqji" Ni chombo ambacho kinawaunganisha wafugaji wakazi wa Hifadhi ya Ngorongoro kupitia wawakilishi wa Serikali za Vijiji na Kamati za maendeleo za Kata zote ndani ya Hifadhi ya Ngorongoro, Uwakilishi huu, umeelezwa katika sehemu ya pi!i: Uendeshaji namba 2.02 (Muundo wa Baraza la Wafugaji). 1.02 "Kamati ya Utendaji" Ni kamati ya Utendaji ya Baraza la Wafogaji ambayo muundo wake (upo kwenye sehemu ya tano 5 02) (imeelezwa kwenye sehemu 2.03 (b); 1.03 "Kamati Maalum" Ni kamati mbalimbali ambazo zitaundwa na Kamati ya Utendaji au Baraza la wafugaji iii kutekeleza jukumu maalum kwa wakati uliopangwa.