The Written Laws (Miscellaneous Amendments) (No. 3) Act, 2022
This provision gives the Act its short title and says it concerns amendments to certain written laws.
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- The Written Laws (Miscellaneous Amendments) (No. 3) Act, 2022
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Statute overview
About this statute
This provision gives the Act its short title and says it concerns amendments to certain written laws. This section says the written laws listed in the different Parts of the Act are amended as set out in those Parts. This Part must be read together with the Antiquities Act, which is called the principal Act. The principal Act is amended by replacing every occurrence of “Council” with “Committee”. Section 2 is amended to replace “Tanzania” with “Tanganyika” in the definition of “monument” and to add a definition for “Board of the National Museum.”
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Provisions of The Written Laws (Miscellaneous Amendments) (No. 3) Act, 2022
Showing 58 of 58
Part
PART I
- 1
AI-assisted research summary: This provision gives the Act its short title and says it concerns amendments to certain written laws.
1. This Act may be cited as the Written Laws (Miscellaneous Amendments) (No. 3) Act, 2022. Amendment of certain written laws - 2 Verify source ↗
Short title
AI-assisted research summary: This section says the written laws listed in the different Parts of the Act are amended as set out in those Parts.
2. The written laws specified in various Parts of this Act are amended in the manner specified in their respective Parts. PART II AMENDMENT OF THE ANTIQUITIES ACT, (CAP. 333) Construction Cap. 333
Part
PART II
- 3
AI-assisted research summary: This Part must be read together with the Antiquities Act, which is called the principal Act.
3. This Part shall be read as one with the Antiquities Act hereinafter referred to as the “principal Act”. 4 N0. 12 The Written Laws (Miscellaneous Amendments) (No. 3) Act, 2022 General amendment Amendment of section 2 Cap. 281 - 4
AI-assisted research summary: The principal Act is amended by replacing every occurrence of “Council” with “Committee”.
4. The principal Act is amended generally by deleting the word “Council” wherever it appears and substituting for it the word “Committee”. - 5
AI-assisted research summary: Section 2 is amended to replace “Tanzania” with “Tanganyika” in the definition of “monument” and to add a definition for “Board of the National Museum.”
5. The principal Act is amended in section 2, by- the word “Tanzania” wherever in (a) deleting it appears term the definition of “monument” and substituting for it the word “Tanganyika”; and the (b) adding in the appropriate alphabetical order the following definition: ““Board of the National Museum” means the Board of the National Museum of Tanzania the established National Museum of Tanzania Act;”. under Amendment of section 4 - 6
AI-assisted research summary: The Director or an authorised person may enter and inspect any monument at all reasonable times.
6. The principal Act is amended in section 4 by deleting subsection (1) and substituting for it the following: “(1) The Director or any other person authorised by him may, at all reasonable times, enter and inspect any monument.”. Amendment of section 5 Amendment of section 8 Amendment of section 10 - 7
AI-assisted research summary: This provision amends section 5(2) so that paragraphs (a) and (b) also refer to the Director General of the National Museum of Tanzania.
7. The principal Act is amended in section 5(2) by adding the words “or Director General of the National Museum of Tanzania” the word immediately after “Director” appearing in paragraphs (a) and (b). - 8
AI-assisted research summary: This provision amends section 8(2) of the principal Act by replacing the word “Museum” with “Board of the National Museum”.
8. The principal Act is amended in section 8(2) by deleting the Museum” and substituting for them the words “Board of the National Museum”. the words “Trustees of - 9
AI-assisted research summary: This provision amends section 10 of the principal Act by adding and replacing wording in subsections (2) and (3).
9. The principal Act is amended in section 10, by- (a) adding the words “or Director General of the National Museum of Tanzania” immediately after in subsection (2); and the word “Director” appearing (b) deleting the words “Trustees of the Museum” appearing in subsection (3) and substituting for 5 N0. 12 The Written Laws (Miscellaneous Amendments) (No. 3) Act, 2022 Amendment of section 11 Amendment of section 12 Amendment of section 13 Amendment of section 17 the words “Board of them Museum”. the National - 10
AI-assisted research summary: This provision amends section 11(1) of the principal Act by replacing references to “Director” and “or a person acting on his behalf” with references to the Director General of the National Museum of Tanzania and persons acting on their behalf.
10. The principal Act is amended in section 11(1), by- (a) deleting the words “or a person acting on his behalf” appearing in the opening phrase and substituting for them the words “, Director General of the National Museum of Tanzania or persons acting on their behalf,”; and (b) deleting the word “Director” appearing in paragraph (c) and substituting for it the words “Director General of the National Museum of Tanzania”. - 11
AI-assisted research summary: This provision changes section 12 by replacing the word “Director” with “Director General of the National Museum of Tanzania” wherever it appears.
11. The principal Act is amended in section 12 by deleting the word “Director” wherever it appears in that section and substituting for it the words “Director General of the National Museum of Tanzania”. - 12
AI-assisted research summary: This section amends section 13 of the principal Act by replacing “Director” with “Director General of National Museum of Tanzania”.
12. The principal Act is amended in section 13 by deleting the word “Director” wherever it appears in that section and substituting for it the words “Director General of National Museum of Tanzania”. - 13
AI-assisted research summary: This section amends section 17 of the principal Act by replacing certain references and adding section 17A.
13. The principal Act is amended in section 17, by- (4) and the word “Director” wherever in subsections (a) deleting it appears (5) and substituting for it the words “Director General of the National Museum of Tanzania”; and (b) deleting the words “Trustees of the Museum” appearing in subsection (6) and substituting for them the National Museum”. the words “Board of Addition of section 17A - 14
AI-assisted research summary: This section amends the principal Act by inserting a new provision after section 17 titled “Operation of private museum.”
14. The principal Act is amended by adding immediately after section 17 the following: “Operation of private museum - 17A Verify source ↗
(1) A person who intends
AI-assisted research summary: Anyone who wants to operate, control, or manage a museum must apply to the Director for registration in the prescribed form.
17A.-(1) A person who intends to operate, control or manage a museum under this Act shall apply for registration to the Director in a 6 N0. 12 The Written Laws (Miscellaneous Amendments) (No. 3) Act, 2022 prescribed form. and (2) The procedures requirements for registration of a museum shall be prescribed in the rules made under this Act. (3) A person who operates or undertakes any activity relating to operation, control and management of a museum without registration commits an offence and shall, upon conviction, be liable – (a) in the of an case individual, to a fine of not less than one million shillings but not exceeding five million shillings or to imprisonment for a term of not three months but not exceeding one year or to both; and (b) in the case of a body corporate, to a fine of not less than twenty million shillings but not exceeding forty million shillings.”. than less Amendment of section 18 - 15
AI-assisted research summary: Section 18 of the principal Act is amended by replacing “Conservator” with “Director” in paragraph (b).
15. The principal Act is amended in section 18 by deleting the word “Conservator” appearing in paragraph (b) and substituting for it the word “Director”. Amendment of section 20 - 16
AI-assisted research summary: This provision amends section 20 by replacing subsection (1) with a reference to the National Antiquities Advisory Committee.
16. The principal Act is amended in section 20 by deleting subsection (1) and substituting for it the following: a Committee to be known as the National Antiquities Advisory Committee.” “(1) There is hereby established Amendment of section 23 - 17 Verify source ↗
Construction
AI-assisted research summary: Section 23 is amended so that “Director” in subsections (1) and (2) is replaced with “Director General of the National Museum of Tanzania.”
17. The principal Act is amended in section 23 by deleting the word “Director” appearing in subsections (1) and (2) and substituting for it the words “Director General of the National Museum of Tanzania”. 7 N0. 12 The Written Laws (Miscellaneous Amendments) (No. 3) Act, 2022 Repeal and replacement of section 27 - 18
AI-assisted research summary: This section amends the principal Act by repealing section 27 and replacing it with new text, which begins with “Penalty” but is cut off here.
18. The principal Act is amended by repealing section 27 and replacing for it the following: “Penalty - 27 Verify source ↗
Construction
AI-assisted research summary: A person who commits an offence under the Act is liable on conviction to fines, imprisonment, or both, with higher penalties for offences under listed sections and lower penalties for section 10(5).
27. A person who commits an offence under this Act shall, upon conviction, be liable- (a) in case of an offence under section 4(2), 11(2), 14(2), 15(4), 17(3) or 23(2), to a fine of not less than five million shillings but not exceeding twenty million shillings or to imprisonment for a term of not less than one year but not exceeding five years or to both; and (b) in case of an offence under section 10(5), to a fine of not less than one million shillings but not exceeding three million shillings or to imprisonment for a term of not less than six months but not exceeding one year or to both.” - 19 Verify source ↗
Repeal and replacement of section 27
AI-assisted research summary: This section amends the principal Act’s Schedule by deleting paragraph 1 and replacing it with new text starting “Composition of Committee.”
19. The principal Act is amended in the Schedule by deleting paragraph 1 and substituting for it the following: “Composition of Committee - 1
AI-assisted research summary: The Committee must be made up of the listed members, and the Permanent Secretary must appoint a Ministry officer to act as secretary.
1.-(1) The Committee shall consist of- (a) a Chairman who shall be appointed by Amendment of Schedule (b) (c) (d) (e) the Minister; the Director of Antiquities; the Director of the National Museum of Tanzania; the head of department of archaeology and heritage studies appointed by the Minister from a recognized university in Tanzania; the Director General of the Tanzania Commission and Technology; Science for 8 N0. 12 The Written Laws (Miscellaneous Amendments) (No. 3) Act, 2022 (f) a stakeholder representing Non- Governmental Organisations dealing in heritage matters who shall be appointed by the Minister; and (g) a person with knowledge in heritage matters who shall be appointed by the Minister. (2) The Permanent Secretary of the Ministry shall appoint an officer within the Ministry to be the secretary of the Committee; PART III AMENDMENT OF THE BANKING AND FINANCIAL INSTITUTIONS ACT, (CAP. 342) Constructions Cap. 342
Part
PART III
- 20
AI-assisted research summary: This Part must be read together with the Banking and Financial Institutions Act, called the principal Act.
20. This Part shall be read as one with the Banking and Financial Institutions Act, hereinafter referred to as the “principal Act”. Amendment of section 3 - 21
AI-assisted research summary: The Act amends section 3 by deleting the definitions of certain capital terms.
21. The principal Act is amended in section 3 by deleting the definition of the terms “core capital” or “Tier 1 capital”, “supplementary capital” or “Tier 2 capital” and “total capital”. Amendment of section 17 - 22
AI-assisted research summary: Banks and financial institutions must keep minimum capital and, for financial institutions, maintain capital and leverage ratios as the Bank prescribes.
22. The principal Act is amended in section 17, by- (a) deleting subsection (1) and substituting for it the following: “(1) Every bank or financial institution shall commence operations with and maintain at all times a minimum capital as the Bank may prescribe. bank (2) Every financial institution shall at all times maintain capital as a percentage of risk weighted assets and off-balance sheet exposures at levels and in the manner as the Bank may prescribe. or (3) Without prejudice to subsection (2), the Bank may prescribe additional capital buffers. 9 N0. 12 The Written Laws (Miscellaneous Amendments) (No. 3) Act, 2022 Repeal and replacement of section 21 Cap. 33 Amendment of section 25 (4) Every financial institution shall maintain a leverage ratio as the Bank may prescribe.”; and bank or (b) renumbering subsections (2) and (3) as subsections (5) and (6), respectively. - 23
AI-assisted research summary: This section amends the principal Act by repealing section 21 and replacing it with new text.
23. The principal Act is amended by repealing section 21 and replacing it with the following: - 21
AI-assisted research summary: Banks and financial institutions must keep minimum liquidity ratios at levels set by the Bank, and the Bank may charge a penalty if they do not.
21.-(1) Every “Liquidity ratios or financial institution shall maintain minimum liquidity ratios at levels prescribed by the Bank. bank less fails than to maintain (2) The Bank may impose on any bank or financial institution which the minimum liquidity ratio prescribed pursuant to this section, a penalty charge of not two percentage points at an annual rate above the interest rate prevailing in the most recent ninety-one day Treasury Bill auction on the amount of the deficiency, and the penalty charge may be recovered by deduction from any balance of, or moneys owing the bank or to financial institution concerned, or by way of summary suit under Order XXXV the Civil Procedure Code.” - 24
AI-assisted research summary: Section 25 is amended so the old capital percentage wording is replaced with a Bank-prescribed percentage.
24. The principal Act is amended in section 25 by deleting the words “twenty five percent of the core capital of the bank or financial institution, or three percent of core capital for a financial institution that is a micro-finance company” appearing in subsection (1) and substituting for them the words “a percentage of the capital of the bank or financial institution at the level prescribed by the Bank”. of Amendment of section 28 - 25 Verify source ↗
Construction
AI-assisted research summary: This provision amends section 28 of the principal Act by replacing subsection (2) with new text on investment limitation rules.
25. The principal Act is amended in section 28 by deleting subsection (2) and substituting for it the following: “(2) The limitation under subsection (1) may 10 N0. 12 The Written Laws (Miscellaneous Amendments) (No. 3) Act, 2022 include- (a) limiting an investment in an entity to a that entity’s specified percentage of share capital; (b) limiting an investment in an entity to a percentage of the capital of the bank or financial the investment at the level prescribed by the Bank; and institution making (c) limiting the aggregate amount of such investments that a bank or financial institution may hold.”. PART IV AMENDMENT OF THE CAPITAL MARKETS AND SECURITIES ACT, (CAP. 79) Construction Cap. 79
Part
PART IV
- 26
AI-assisted research summary: This provision says this Part must be read together with the Capital Markets and Securities Act, called the principal Act.
26. This Part shall be read as one with the Capital Markets and Securities Act, hereinafter referred to as the “principal Act”. 11 N0. 12 The Written Laws (Miscellaneous Amendments) (No. 3) Act, 2022 Addition of section 134A - 27 Verify source ↗
Construction
AI-assisted research summary: This provision amends the principal Act by inserting a new section after section 134 titled “Responsibilities of issuer of securities.”
27. The principal Act is amended by adding immediately after section 134 the following: “Responsibilities of issuer of securities - 134A Verify source ↗
(1)
AI-assisted research summary: An issuer of securities must get the Authority’s approval for certain shareholder-meeting and corporate-action announcements, let the Authority attend some statutory meetings as an observer, ensure minority shareholders are represented on the board, and follow corporate governance principles prescribed by the Authority.
134A.-(1) An issuer of securities shall- (a) submit for the Authority’s any approval announcement concerning meetings of shareholders, on announcement any corporate or actions timetable for corporate actions affecting the rights of existing shareholders or price of share of the issuer; Cap. 212 the Authority (b) when conducting statutory required as meetings under the Companies Act, invite to attend the meeting as an observer to enable it to monitor the participation of shareholders the decision making process; in (c) ensure minority shareholders are represented in the Board of Directors of the issuer; and (d) comply with corporate governance principles as may be prescribed by the Authority. “(2) An issuer of securities who fails to comply with the requirements of subsection (1) shall be subject to any directive or condition as the Authority may 12 N0. 12 The Written Laws (Miscellaneous Amendments) (No. 3) Act, 2022 issue in terms of section 10.”. PART V AMENDMENT OF THE MINING ACT, (CAP. 123) Construction Cap. 123
Part
PART V
- 28
AI-assisted research summary: This section says Part 28 is to be read together with the Mining Act, called the principal Act.
28. This Part shall be read as one with the Mining Act, hereinafter referred to as the “principal Act”. Amendment of section 7 by- - 29
AI-assisted research summary: This provision amends section 7(1) of the principal Act by adding text after paragraph (d), renaming a reference, and renumbering subparagraphs (ii) to (iv).
29. The principal Act is amended in section 7(1), (a) adding immediately after the opening phrase of paragraph (d) the following: (b) renaming “(i) a primary processing licence;”; and (iii) to subparagraphs subparagraphs (ii) to (iv) respectively. (i) as Amendment of section 15 - 30
AI-assisted research summary: The Minister may, within four months after a mineral right ends and subject to regulations, cause a vacant area (other than a reserved area) to revert to the Government.
30. The principal Act is amended in section 15 by adding immediately after subsection (2) the following: (3) Without prejudice to subsection (1), the Minister may, within four months from the date of cessation of a mineral right and subject to the prescribed regulations, cause any vacant area other than a reserved area to be reverted to the Government. to the Government pursuant to subsection (3) shall be held by the holder of shares of the in accordance with Govenment section 10 who shall be issued with a certifcate of revisionary mineral rights. (4) An area reverted issued rights (5) The procedure and other matters relating to issuance of the certificate of revisionary mineral be prescribed in the regulations by the Minister. (6) For the purpose of this section, “revisionary mineral rights” means mineral rights which revert to the Government upon cessation by operation of law, and includes shall 13 N0. 12 The Written Laws (Miscellaneous Amendments) (No. 3) Act, 2022 prospecting mining licence or special mining licence. retention licence, licence, Amendment of section 27A by- - 31
AI-assisted research summary: The Geological Survey of Tanzania may conduct exploration for mineral resources estimation on areas to be reverted to the Government, subject to the stated purpose and section 15(3).
31. The principal Act is amended in section 27A, (a) adding immediately after subsection (2) the following: “(3) Notwithstanding subsection (2), the Geological Survey of Tanzania may, for the purpose of obtaining mineral resources estimation on areas to be reverted to the to section 15(3), Government pursuant and prospecting conduct exploration.”; and strategic (b) renumbering subsections (3) and (4) as subsections (4) and (5) respectively. Amendment of section 32 by- - 32
AI-assisted research summary: This section amends section 32(1) of the principal Act by adding a new renewal paragraph, replacing one paragraph about non-renewable prospecting licences, and renumbering later paragraphs.
32. The principal Act is amended in section 32(1), (a) adding immedeately after paragraph (b) the following: the holder “(c) where an application for renewal has been made by the prescribed form, for the second period of renewal for which the applicant has applied, a period not exceeding two years;”; in (b) deleting paragraph (d) and substituting for it the following: “(d) where a prospecting licence is no longer renewable, the prospecting area shall revert to the Government and be dealt with in accordance with section 15”; (c) renaming paragraphs (c) to (e) as paragraphs (d) to (f) respectively. Amendment of section 55 - 33
AI-assisted research summary: A primary mining licence holder must start mining operations within six months of the licence being granted, unless the licensing authority allows more time.
33. The principal Act is amended in section 55 by adding immediately after subsection (4) the following: “(5) A holder of a primary mining licence shall commence mining operations within a period of six months or such other 14 N0. 12 The Written Laws (Miscellaneous Amendments) (No. 3) Act, 2022 period as the licensing authority may permit from the date of the grant of the licence.”. Addition of section 60A - 34
AI-assisted research summary: This section amends the principal Act by inserting a new provision after section 60 titled “Application for primary processing licence.”
34. The principal Act is amended by adding immediately after section 60 the following: “Application for primary processing licence - 60A Verify source ↗
(1) A person who intends
AI-assisted research summary: People intending to do ball mill operations or sluicing must apply to the Commission for a primary processing licence.
60A.-(1) A person who intends to conduct ball mill operations or sluicing shall apply to the Commission for a primary processing licence. (2) A licence issued under this section shall be valid for a period of one year and may be renewable. (3) Conditions and procedures for grant of primary processing licence shall be the as prescribed regulations.”. in Amendment of section 129 - 35 Verify source ↗
Construction
AI-assisted research summary: This section amends section 129 of the principal Act and updates the penalties that regulations may prescribe.
35. The principal Act is amended in section 129, by- (a) in subsection (2), by- (i) adding immediately after paragraph (v) the following: “(w) procedure for determination of equivalent sum as provided under subsection (6);”; (ii) renaming paragraphs (w) and (x) as paragraphs (x) and (y) respectively; and (b) deleting subsection (6) and substituting for it the following: “(6) Any regulations made under this Act may prescribe - (a) in the case of breach of matters relating to local content, a fine not exceeding ten billion shillings or a sum equivalent to the amount of gain or profit made as a result of the breach, whichever is greater, or imprisonment for a term not exceeding three years or to both; and (b) in any other case where no specific penalty is prescribed, a fine not exceeding one hundred and fifty million shillings or imprisonment for a term not exceeding two years or to both.”. 15 N0. 12 The Written Laws (Miscellaneous Amendments) (No. 3) Act, 2022 PART VI AMENDMENT OF THE NATIONAL MUSEUM OF TANZANIA ACT, (CAP. 281) Construction Cap. 281
Part
PART VI
- 36
AI-assisted research summary: This section says Part 36 is to be read together with the National Museum of Tanzania Act, and it concerns a general amendment to section 2.
36. This Part shall be read as one with the National Museum of Tanzania Act, hereinafter referred to as the “principal Act”. General amendment Amendment of section 2 - 37
AI-assisted research summary: This provision changes the principal Act so that the word “Director” is replaced with “Director General” wherever it appears.
37. The principal Act is amended generally by deleting the word “Director” wherever it appears and substituting for it the words “Director General”. - 38
AI-assisted research summary: This section amends section 2 of the principal Act by changing and adding definitions.
38. The principal Act is amended in section 2, by- (a) deleting the words “National Culture” appearing in the definition of the term “Minister” and substituting for them the word “museum”; (b) deleting the definition of the term “National Museum of Tanzania” and substituting for it the following: ““National Museum of Tanzania” means the National Museum of Tanzania established under section 3;”; and (c) inserting in the appropriate alphabetical order the following new definitions: ““monument” includes- (a) any building, fortification, interment, midden, dam or any structure erected, built or formed by human agency in Tanganyika before the year 1863; (b) any rock painting or any painted, immovable object sculptured, carved, incised or modified by human agency in Tanganyika before the year 1863; trench, admit, tunnel or other (c) any earthwork, well, cave, 16 N0. 12 The Written Laws (Miscellaneous Amendments) (No. 3) Act, 2022 modification of the soil or rock dug, excavated or otherwise engineered by human agency in Tanganyika before the year 1863, whether or not the monuments have been modified, added to or restored at a later date and whether or not it is included in a list published by the Director of Antiquities; (d) any site or immovable structure declared to be a monument under section 3; and (e) such adjoining land as may be the purposes of required for fencing, covering or otherwise preserving the monument; “National Museum” means the museum the Minister under declared by section 4A;”. Addition of section 3A - 39
AI-assisted research summary: This section amends the principal Act by inserting new text after section 3 about the Functions of the National Museum of Tanzania.
39. The principal Act is amended by adding immediately after section 3 the following: “Functions of National Museum of Tanzania - 3A Verify source ↗
The functions of the
AI-assisted research summary: The National Museum of Tanzania is tasked with heritage protection, research, education, interpretation, and other museum-related functions.
3A. The functions of the National Museum of Tanzania shall be to- (a) identify, protect, preserve and transmit cultural and of natural Tanzania; heritage (b) conduct research and disseminate knowledge in the fields of scientific, cultural, technological and human evolution; (c) promote Tanzania cultural in and heritage academic, economic development; resources social 17 N0. 12 The Written Laws (Miscellaneous Amendments) (No. 3) Act, 2022 (d) engage formal and informal education and lifelong learning, through development and of transmission knowledge, programmes and exhibitions; (e) interpret and disseminate knowledge on collections, monuments, conservation areas and sites within its specific areas of expertise and to organise exhibition as appropriate; and (f) perform any other functions necessary for the promotion, control and management of museums.”. Amendment of section 4 Addition of section 4A - 40
AI-assisted research summary: Section 4 of the principal Act is amended by deleting subsection (4) and renumbering former subsection (5) as subsection (4).
40. The principal Act is amended in section 4, by- (a) deleting subsection (4); and (b) renumbering subsection (5) as subsection (4). - 41
AI-assisted research summary: This section says the principal Act is amended by inserting a new provision after section 4 titled “Declaration of national museum”.
41. The principal Act is amended by adding immediately after section 4 the following: “Declaration of national museum - 4A Verify source ↗
(1) The Minister may, upon
AI-assisted research summary: The Minister may declare any museum to be a national museum, if the Board recommends it and notice is published in the Gazette.
4A.-(1) The Minister may, upon recommendation of the Board and by notice published the Gazette, declared any museum to be a national museum. in (2) The procedure for declaration of a national museum under this section shall be prescribed in the regulations. (3) A museum declared under the subsection (1) shall be under National Museum of Tanzania.”. 18 N0. 12 The Written Laws (Miscellaneous Amendments) (No. 3) Act, 2022 Amendment of section 6 - 42
AI-assisted research summary: The Board may invest money from the National Museum of Tanzania’s funds, but only with prior approval from the Minister and for effective implementation of the Museum’s functions.
42. The principal Act is amended in section 6, by- (a) designating the contents of section 6 as subsection (1); and (b) adding immediately after subsection (1) as designated the following: “(2) The Board may, with prior approval of the Minister and for effective implementation of the functions of the National Museum, invest any part of money available in the funds of the National Museum of Tanzania in such manner as the Board may deem fit.”. Addition of section 11A - 43
AI-assisted research summary: This section amends the principal Act by inserting a new heading after section 11 for management and operations of monuments, conservation areas and sites.
43. The principal Act is amended by adding immediately after section 11 the following: “Management and operations of monuments, conservation areas and sites Cap. 333 - 11A Verify source ↗
(1) For the purposes of
AI-assisted research summary: The National Museum of Tanzania must manage monuments vested to it, and the Director General may carry out specified management and conservation actions for monuments, conservation areas, or sites.
11A.-(1) For the purposes of better preservation, protection and monuments, promotion of conservation areas or sites, the National Museum of Tanzania shall undertake the day to day management and operations of monuments vested to it in terms of the Antiquities Act. (2) In the responsibilities under subsection (1), the Director General may- implementing (a) enter and monument, area or site; inspect any conservation (b) fence, repair, protect or preserve any monument, conservation area or site; (c) search and excavate for relics in any monument, conservation area or site and remove any relics undiscovered; or (d) implement anything or undertake other responsibility as provided under the Antiquities Act. any Cap. 333 19 N0. 12 The Written Laws (Miscellaneous Amendments) (No. 3) Act, 2022 (3) Where a monument is a place of ordinary habitation or occupation, the Director General shall give the occupier not less than forty- eight hours’ notice in writing of his intention to search and excavate for relics. (4) Nothing in this section shall be construed to authorise- (a) the exclusion of the owner or any person beneficially interested in a monument, conservation area or site or any person authorised by him, from any part of the monument, conservation area or site; (b) the excavation of any monument or any search for relics in a monument, conservation area or site is a place of which or ordinary habitation occupation without the consent of the owner. (5) Any person who willfully obstructs the Director General or any other person authorised by him in that behalf in the exercise of his powers under subsection (2) commits an offence.”. Amendment of First Schedule
Part
Schedule
- 44 Verify source ↗
Construction
AI-assisted research summary: This section amends the principal Act’s First Schedule by deleting paragraph 1 and replacing it with new text beginning “Composition of Board.”
44. The principal Act is amended in the First Schedule, by- (a) deleting paragraph 1 and substituting for it the following: 20 N0. 12 The Written Laws (Miscellaneous Amendments) (No. 3) Act, 2022 “Composition of Board
Part
Schedule, by-
- 1
AI-assisted research summary: The Board must include the Chairperson, the Director of Antiquities, and five other members, with the Chairperson appointed by the President and the other members appointed by the Minister.
1. The Board shall consist of- (a) the Chairperson who shall the appointed by be President; (b) the Director of Antiquities; (c) five other members appointed by the Minister as follows: (i) a representative of learning higher institutions; (ii) a representative from the Tanzania for Commission Science and Technology; (iii) three other members appointed by Minister. (2) In appointing members under subparagraph 1(c), the Minister shall have regard to- (a) persons who the have experience and proven knowledge in sciences or cultural heritage, tourism economics, marketing, matters, financial administration or education; and (b) gender.”. (3) The Director General shall be the Secretary to the Board.”. 21 N0. 12 The Written Laws (Miscellaneous Amendments) (No. 3) Act, 2022 PART VII AMENDMENT OF THE PUBLIC FINANCE ACT, (CAP. 348) Construction Cap. 348
Part
PART VII
- 45
AI-assisted research summary: This provision says this Part must be read together with the Public Finance Act, and it begins an amendment to section 4, but the text is incomplete.
45. This Part shall be read as one with the Public Finance Act, hereinafter referred to as the “principal Act”. “Amendment of section 4 - 46
AI-assisted research summary: Section 46 amends section 4 by adding definitions for “public property” and “public sector entities.”
46. The principal Act is amended in section 4 by adding in the appropriate alphabetical order the following: “public ““public property” means an asset owned by a public sector entity other than moneys; and sector entities” means Government ministries, regional departments, secretariat, local government authorities, public regulatory agencies, corporations, commercial entities owned by the public and Government institutions;”. authorities, executive other Addition of section 6A - 47
AI-assisted research summary: The Paymaster General must oversee public property in public sector entities and carry out related management tasks.
47. The principal Act is amended by adding immediately after section 6 the following: “Oversight of public property The 6A-(1) Paymaster General shall be responsible for the oversight of public property in public sector entities. (2) property, shall- In overseeing public the Paymaster General (a) develop, monitor, evaluate and review implementation of to guidelines acquisition, maintenance, utilisation and disposal of public property; relating (b) establish and maintain systems for oversight of public property; 22 N0. 12 The Written Laws (Miscellaneous Amendments) (No. 3) Act, 2022 (c) analyse reports on accidents and losses of public and process compensation claims; property (d) manage public property disposal; (e) conduct verification and public of inspection property; and (f) be responsible for of management confiscated or forfeited property.”. Amendment of section 8 - 48 Verify source ↗
Construction
AI-assisted research summary: The Accountant-General is responsible to the Permanent Secretary for accounts and public money, and may give instructions to accounting officers with the Minister’s prescribed manner and the Permanent Secretary’s prior consent.
48. The principal Act is amended in section 8 by deleting subsection (2) and substituting for it the following: “(2) The Accountant-General shall be responsible to the Permanent Secretary for the compilation and management of the accounts and the custody and safety of the public moneys and for that purpose the Accountant-General may, in the manner prescribed by the Minister, and with prior consent of the Permanent Secretary, give such instructions of a general or specific character to accounting officers as may be necessary for the effective implementation of the purposes and provisions of this Act.”. Passed by the National Assembly on the 2nd November, 2022. NENELWA J. MWIHAMBI Clerk of the National Assembly 23
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The Written Laws (Miscellaneous Amendments) (No. 3) Act, 2022
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