The Written Laws (Miscellaneous Amendments) Act, 2004

1. This Act may be cited as the Written Laws (Miscellaneous short title Amendments) Act, 2004.

2. The Written Laws specified in the first and second columns o f the Schedule to this A ct are hereby amended in the m anner specified opposite to each o f them in ths third column of that Schedule.

3. Notwithstanding the publication of this Act, the amendments iti respect o f the Political Service Retirement Benefits Act, 1999 and the Public Service Retirement Benefits Act, 1999 shall come into operation on the 1st day o f July, 2004 hereinafter referred to as “the effective date”. Amend­ ment of certain written • laws Comme­ ncement of certain amend­ ments 557 Act No. 4 of 2003 The Gaming Act, 2003 Act No. 56 o f 1963 T he Explosives Act, 1963 5 5 8 Cap. 16 of the Laws The Penal Code /'i The Act is amended in subsection (1) o f section 86 - (a) by deleting the word “and” appearing at the end o f paragraph (a); (b) by deleting a fullstop appearing at the end o f paragraph (b) and substituting for it a semicolon; (c) by adding im mediately after paragraph (b) the following new paragraph: “(c) the Gambling Ordinance, 1923.” The Act is amended in su b se c tio n (4) o f sectio n 16 by d e le tin g the w hole o f paragraph (b) and substituting for it the following: “ (b) at the end o f each m onth, re n d e r such re tu rn s o f h is d ealing with explosives.” The Act is amended - (a) in section 286- N o . 4 W r i t t e n L a w s (i) by deleting the words “20 years” appearing at the end o f the first provision and substituting for it the words “ 15 years”; (ii) by deleting the second provision; (b) in section 287 by deleting the second provision- (c) by adding im mediately after section 287 the following new sections: Definition of armed robbery 278A Any person who steals anything, and at or im mediately after the time o f stealing is armed with any dangerous or offensive weapon or instrument, or is in company o f one or more persons, and at or imme­ diately before or immediately after the time o f the stealing uses or threatens to use violence to any person, comm its an offence termed “armed robbery” and on conviction is liable to imprisonment for a minimum term of thirty years with or without corporal punishment. 2 0 0 4 ( A \ Act No. 9 o f The Criminal Procedure Act, 1985 1985 'O Act N o .2 o f The M agistrates’ Courts Act, 1984 1984 ► j “A ttem p- ted armed robbery

287B. Any person who with intent to steal anything from another person, is armed with any dangerous o r offensive weapon or instrument, or js jn company Qf one or more persons, and in the course thereof threatens, or attempts to threaten to use actual violence to any person, com m its an offence term ed “attem pted arm ed robbery” and on conviction is liable to im prisonment for a minimum period o f fifteen years with or without corporal punishment. The Act is amended- in the First Schedule - (i) by inserting in the fifth column against the offence o f “Incest by males” appearing in item 158 the following phrase: “A subordinate C ourt”.; (ii) by inserting in the fifth column against the offence o f “ incest by fem ales” appearing in item 160 the following phrase: “A subordinate C ourt” (iii) by inserting in the fifth column against the offence o f “sending written threat to m urder” appearing in item 214 the follow ing phrase: “A subordinate C ourt”. The Act is amended- (a) in section 2 by inserting in its appropriate alphabetical order the following new definition- “com m ercial ease” m eans a civil case involving a m atter considered to be of commercial significance including but not limited to. (i) the formation o f a business or comm ercial organization; N o . 4 W r i t t e n L a w s 2 0 0 4 r On O (ii) the governance o f a business or commercial organization: (iii) the c o n tra c tu a l re la tio n sh ip o f a b u sin e ss or c o m m e rc ia l organization with other bodies or persons outside it; (iv) (v) (v i) (vii) the liability o f a commercial or business organization or its officials arising out o f its commercial or business activities; the liabilities o f a commercial or business person arising out of that person’s commercial or business activities; the re s tru c tu rin g or p ay m en t o f c o m m e rc ia l d e b ts by or to business or com m ercial organization or person; the winding up. or bankruptcy o f a commercial or business organization or person. (viii) the enforcement o f commercial arbitration award; (ix) the enforcement o f awards o f a regional court or tribunal o f competent jurisdiction made in accordance with a Treaty or Mutual Assistance arrangement to which the United Republic is a signatory and which forms part o f the law o f the United Republic; (x) admiralty proceedings; and (xi) arbitration proceedings.” (b) in section 40 by ad d in g im m e d ia te ly a fte r su b se c tio n (2) the follow ing new subsection: “(3) Notwithstanding subsection (2), the jurisdiction o f the District Court shall, in relation to commercial cases, be limited- (a) in proceedings for the recovery o f possession o f immovable property, to proceedings in which the value o f the property does not exceed fifty million shillings and N o . 4 W r i t t e n L a w s 2 0 0 4 Act No. 3 o f 1999 The Political Service Retirement Benefits Act, 1999 (b) in the proceedings where the subject matter is capable o f being estimated at a money value, to proceedings in which the value o f the subject matter does not exceed thirty million shillings” Z o The Act is amended by deleting section 23 and substituting for it the following new sections: “Benefits for Regional Commi­ ssioners or District Commi­ ssion Benefits prior to the effec­ tive date A ct No. 14 o f 1981

23.—(1) Subject to subsection (2), w ith effect from the effective date, a leader holding the office o f a R egional C om m issioner or D istrict C om m issioner shall upon ceasing to hold the office o f a Regional Com m issioner or District Com m issioner be entitled to a gratuity o f a sum equal to forty percentum o f the salaries draw n by him in thtr course o f his service as Regional Commissioner or as the case may be District Commissioner. (2) A person who on or after the effective date holds or is appointed to the office o f a Regional Com m issioner or District Comm issioner and prior to his appointment w as a public officer shall, upon ceasing to be a leader be granted retirement benefits in accordance with the provisions o f section 7 o f this Act.

23A.—(1) A person who on the effective date holds the office o f a Regional Comm issioner or District Com m issioner and prior to taking office was a public officer to whom the provisions o f section 7(1) o f this Act apply and as o f the effective date has not attained the age o f retirement, shall on the effective date be entitled to the grant o f gratuity or pension calculated in accordance with the provisions o f section 11 o f the Political Leaders Pensions Act, 1981 for the period he served as a Regional Com m issioner or District Comm issioner prior to the effective date and his salary as Regional Comm issioner or District Comm issioner, as the case may be, on the effective date shall be taken into account in com puting any gratuity or pension to which such leader is entitled under that Act its repeal notw ith­ standing. W r i t t e n L a w s 2 0 0 4 Os Nj Act No. 2 o f 1999 The Public Service Retirement Benefits Act, 1999 Act No. o f 1998 The Mining Act, 1998 i (2) A person who on the effective date holds the office o f a Regional Commissioner or District Comm issioner and to whom the provisions of subsection (1) do not apply, shall on the effective date be entitled to the grant o f a gratuity or pension calculated in accordance with the provisions of section 11 o f the Political Leaders’ Pensions Act, 1981 for the period he served as a Regional Comm issioner or District C om m issioner prior and up to the effective date and his salary as Regional Com m issioner or District Commissioner, as the case may be, on the effective date shall be taken into account in computing any gratuity or pension to which such leader is entitled under that Act its repeal notwithstanding.

23B. Where a Regional or District C om m issioner dies in office or if he dies after ceasing to hold office but before benefits are granted to him, the appropriate authority shall grant to his dependants gratuity which shall be calculated on the basis o f the period he served in the office.” A ct No. 18 o f 1981 Grant o f gratuity to dependa­ nts o f former Regional or District C om m i­ ssioner The Act is amendcd- in section 20 by deleting the whole o f subsection (7). The Act is amended- (a) in section 4 (i) by in se rtin g in th e ir re sp e c tiv e a lp h a b e tic a l o rd er the follow ing new definitions- “disputc” means all disputes as referred to under section 101; “specified gem stone” m eans gem stonc specified under subsection (2) o f section 14A; 4 A On / 1 I V “gem s” means cut and polished or engraved gemstones; “G em stone B oard” m eans the board established under subsection (5) o f section 20; “ R esid en t m in es o ffic e ” m ean s such office as m ay be established for any area by the M inister in accordance with section 23; “ Resident mines officer” means an officer appointed under subsection (4) o f section 16 to head Resident Mines Office;” (ii) by deleting the definition o f the term “lawful occupiers” and substituting for it the following new definition: Act No. 4 o f 1999 “ law ful o cc u p ie r s” in relation to any land m ean s the law ful o ccu p ier o f land in a ccord an ce w ith the Land A ct, 1999;” (iii) by de'eting the phrase “or below the ground” appearing in the fifth line o f the definition o f the w ord “m ine” and substituting for it the phrase: “or vertically below the ground within horizontal boundaries o f the licence”; (b) in section 9 by adding im m ediately after subsection (5) the follow ing new subsection. “(6) A pplication for transfer o f Primary M ining licences in the in a prescribed form as specified shall be made Regulations".; (c) by ad d in g im m ed iate ly a fte r s e c tio n 14 th e fo llo w in g new section - Act No. 4 °t 1999

14A. Where the M inister after Consultation with Gem stone Board determ ines that, it would be in the interests o f the devcl- opment o f the gem stone industry in Tanzania, he may by order published in th e Gazette, designate any gem stone to be a N o . 4 W r i t t e n L a w s 2 0 0 4 Os sp e c ifie d g em stone for sp ecial c o n d itio n s on trading and disposal.” 2! o (d) in section 15- (i) (ii) by deleting the phrase “raw gold or gem stones” wherever the phrase appears in this section and substituting for it the word “M ineral” or “M inerals” as may be appropriate; by deleting the phrase “ licensed dealers, licensed broker or an authorized lapidary” appearing at the end o f subsection (2) and substituting for it the phrase "licensed dealer or licenced broker”. (iii) by deleting the whole o f subsection (5).; (e) in subsection (4) o f section 16, by inserting im m ediately after the phrase “Zonal Mines Officer” appearing in the second line o f the phrase: “ Resident Mines Officers”. (f) in section 18, by deleting the opening phrase and substituting for it the following: “ 18 The Commissioner, or person appointed by the Minister to carry out the functions referred to in this section shall-” (g) by adding im m e d ia te ly a fte r sec tio n 20 the fo llo w in g new scction- “ Establi- shm ent o f G em stone Board

20A.—{1) There is hereby established a Board to be known as the Gemstone Board which shall have the duty to advise the M inister on the sound developm ent o f gemstone industry and undertake any other functions as may be provided for in the Gemstone Regulations. (2) The Composition and functions o f the Board shall be as may be provided for under the Mining (Gemstones Board) Regulations.”; W r i t t e n L a w s 2 0 0 4 4 u , On '-o (h) in section 28, by deleting figures 25 and 26 appearing in the opening phrase and substituting for them figures 24 and 25 respectively; (i) in section 29- (i) by ad d in g im m ed iately a fte r su b s e c tio n (1) the fo llo w in g new subsection: “ (1 A) A holder o f the licence who intends to renew the licence shall, w ithin th e p erio d o f th ree m o n th s b efo re ex p iry date o f the licen ce, subm it an application for renewal o f the prospecting licence.”; (ii) by add in g im m ed iately afte r su b se c tio n (3) the fo llo w in g new subsection: “(3A) The relinquished areas shall be displayed on the notice board at the M inistry headquarters, zonal and Resident Mines offices on monthly basis.”; (j) in subsection (1) o f section 30, by deleting paragraphs (a) and (b) and substi­ tuting for them the following: “(a) notify the applicant that the application has been granted or rejected; (b) the applicant to give notice within four weeks o f the notice under para­ graph (a) to the licensing authority o f his willingness to accept the pro­ posed licence and pay the fees s tip u la te d in the n o tice giv en by the licen sin g authority. (c) within four weeks from the notice given by the applicant, grant the application and cause the licence to be issued to the applicant.”; (k) in section 57- (i) by deleting paragraph (e) o f subsection (1); (ii) by deleting subsection (3); N o . 4 W r i t t e n L a w s 2 0 0 4 '- '1 On o (iii) by renumbering subsections (4), (5), (6), (7) and (8) as subsections (3), (4), (5), (6) and (7). (1)

57A .—(1) Where the holder o f a Mineral Right granted under “Penalty for failure Division A or B fails to pay annual rent, royalty or to make pay- ment in lieu of royalty payable by him under this Act or the reg- lo P3^ ulations, shall, after thirty days from the date upon which such royalty amount becomes due, in addition to the amount payable by him, pay a penalty- (1) in case o f an individual person, three percentum o f the amount which is due; and (ii) in case o f a body corporate five per centum o f the amount which is due. (2) The liability to pay penalties under this section shall not exempt any person from any other liability under this Act. (3) Any unpaid annual rent, royalty or payment in lieu o f royalty, shall be a debt which shall be recovered in a court o f competent jurisdiction.” N o . 4 W r i t t e n L a w s (m) in section 72- (i) by renumbering section 72 as section “72( 1)”; (ii) by adding im mediately after subsection (1) as renumbered the following subsections- “(2) The Comm issioner may cancel a primary prospective licence or a primary mining licence where the holder o f such a licence fails to comply with any requirement o f this Act and its Regulations. 2 0 0 4 1 4 On \1 I w (3) The C om m issioner shall not suspend or cancel a licence on a ground referred to in subsection (2) unless- (a) he has first served on the holder a default notice specifying the grounds on which, under subsection (2), the licence is liable to be suspended or cancelled; (b) the holder has failed within a period o f sixty days from the date on w hich the default notice was served or such longer period as the Comm issioner may allow to rem edy the default specified or, where such default is not capable o f being rem edied.”; (4) A person who is aggrieved by the decision o f the Commissioner under this section may within thirty days from the date o f the decision, lodge an appeal in writing to the Minister. (n) in the heading o f Part V- (i) by d e le tin g the p h ra s e “ R A W G O L D , G E M S T O N E S A N D th e p h ra s e fo r it O T H E R M IN E R A L S ” and s u b s titu tin g ‘ M IN E R A L OR M IN E R A L S ” ; (ii) by d e letin g the w o rd s “ raw g o ld ” and “g e m s to n e s” w h e re v e r the w o rd s appear in th is P art and su b s titu tin g for th em th e w o rd s “ M in e ra l” or “ M in e ra ls ” as m ay be ap p ro p ria te . (o) in section 73- (i) in su b sectio n (1 ), by d e le tin g the w ord “ M in is te r” a p p e a rin g in the second line and substituting for it the phrase: “Comm issioner through the relevant zonal or R esident M ines Officer.”; (ii) by deleting the whole o f subsection (2) and substituting for it the following: N o . 4 W r i t t e n L a w s 2 0 0 4 On Oo “ (2 ) T he ap p lican t u n d e r su b s e c tio n (1) sh all sta te th e ty pe o f mineral for which the licencc is sought.”; (iii) by adding immediately after subsection (2) the following new subsection- “(3) The application for d e a le r’s licence in respect o f gemstones shall be accompanied by commitment statement indicating the capacity to undertake lapidary.”; (iv) by renumbering subsection (3) as subsection (4); (p) in section 75- (i) in su b se c tio n (1 ), by d e le tin g the w ord “ fifte e n ” and substituting for it the word “twelve”; (ii) in su b sectio n (3 ), by d e le tin g the w ord “tw e lv e ” and substituting for it the word "ten"; (iii) in su b se c tio n (4 ), by d e le tin g the w ord “ fifte e n ” and substituting for it the word “twelve”; N o . 4 W r i t t e n L a w s (q) in section 76- (i) by deleting the whole of subsection (2); (ii) by d e letin g figure “(1)” a p p e a rin g im m e d ia te ly a fter figure “ 7 6 ” ; (r) in section 78, by deleting the phrase “three successive years” ap p e a rin g in the first and sccond line o f su b scctio n (2) and substituting for it the phrase “two successive years o f his licence”; (s) in subsection (1) o f section 86- (i) by addin g im m ediately a f te r p arag rap h (a ) the fo llo w in g new p arag raphs: (b) in the case o f gemestone. o f five percentum: 2 0 0 4 -5 Os '•O V (c) in the case o f gems, o f zero percentum; and” (ii) by naming paragraph (b) as paragraph (d); (t) in paragraph 1 o f Schedule 1 by adding im m ediately after subparagraph (1) the following new subparagraph - “ (1A ) the M in iste r sh a ll in a p p o in tin g tw o a lte rn a te m em bers under subparagraph (1), ensure that one o f the members is the mining expert." (u) in Schedule 3- (aa) in subparagraph (1), o f paragraph 1 by deleting the whole o f item (b) and substituting for it the following: “(b) submit within the first m onth o f every calender quarter to the Commissioner copies o f records o f his prospecting operations together with any records prepared as a result o f those records;” (bb) in subparagraph (2) o f paragraph 2 (i) by deleting the phrase “dispense with or” appearing in the second line; (ii) by deleting the whole o f item (b) and substituting for it the fol- lowing- “(c) submit within the first month o f every calender quarter to the M inister such reports, records and other inform ation concerning the conduct o f operations.” (cc) by deleting the whole o f paragraph 3 and substituting for it the following: “3. The holder o f a mining licence or a prim ary m ining licence shall keep the address referred to in section 99(2) such o f the records, and shall furnish to the licensing authority, within the first month o f every calender quarter such o f the rep o rts sp e c ifie d in p a ra g ra p h 2 o f this sc h ed u le”. 2J o Act No. 20 o f The National Productivity Council 1981 Act, 1981 The Act is hereby repealed. The Act is hereby repealed. Act No. 8 o f 1981 Tanzania T he Journalism Act, 1981 School o f The Act is hereby repealed. Act No. 1 o f 1968 The Tanzania Audit Corporation Act, 1968 5 7 0 Passed in the National Assembly on the 12th February, 2004 K i p e n k a M . M u s s a Clerk o f the National Assembly / 1 A \ I W r i t t e n L a w s 2 0 0 4