The Written Laws (Miscellaneous Amendments) Act, 2023
This provision says the Act may be cited as the Written Laws (Miscellaneous Amendments) Act, 2023, and notes that it is an amendment of certain laws.
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About this statute
This provision says the Act may be cited as the Written Laws (Miscellaneous Amendments) Act, 2023, and notes that it is an amendment of certain laws. This section states that certain written laws in the Act are amended according to the Parts that deal with them. This provision says this Part must be read together with the Architects and Quantity Surveyors (Registration) Act. This section amends section 2 of the principal Act by changing and adding several definition terms. The Minister appoints a nine-member Board made up of the listed categories of people.
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Provisions of The Written Laws (Miscellaneous Amendments) Act, 2023
Showing 78 of 78
Part
PART I
- 1
AI-assisted research summary: This provision says the Act may be cited as the Written Laws (Miscellaneous Amendments) Act, 2023, and notes that it is an amendment of certain laws.
1. This Act may be cited as the Written Laws (Miscellaneous Amendments) Act, 2023. Amendment of certain laws - 2 Verify source ↗
Short title
AI-assisted research summary: This section states that certain written laws in the Act are amended according to the Parts that deal with them.
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 ARCHITECTS AND QUANTITY SURVEYORS (REGISTRATION) ACT, (CAP. 269) Construction Cap. 269
Part
PART II
- 3
AI-assisted research summary: This provision says this Part must be read together with the Architects and Quantity Surveyors (Registration) Act.
3. This Part shall be read as one with the Architects and Quantity Surveyors (Registration) Act, hereinafter referred to as the “principal Act”. 5 No. 5 The Written Laws (Miscellaneous Amendments) Act, 2023 Amendment of section 2 - 4
AI-assisted research summary: This section amends section 2 of the principal Act by changing and adding several definition terms.
4. The principal Act is amended in section 2- (a) in the definition of the term “architect”, by adding the words “architectural technologist” the words “landscape immediately after architect”; (b) in the definition of the term “construction work”, by adding the words “civil engineering and services” immediately after the words “similar to buildings” appearing at the end of paragraphs (c) and (d); (c) in the definition of the term “design and build”, by adding the words “or construction work” immediately after the word “building”; (d) in the definition of the term “register”, by “project managers” adding immediately after the word “surveyors”; and the words term “project the words “or the word the (e) in immediately after the definition of management”, by adding construction” “buildings”; (f) by deleting architect”, “graduate surveyor” and substituting for following: the definition of terms the “graduate quantity the them ““graduate architect” means any person registered as such under this Act and includes a graduate interior designer, landscape graduate architect, graduate architectural technologist, graduate furniture architect, graduate conservation architect naval architect; graduate or “graduate quantity surveyor” means any person registered as such under this includes a graduate Act and building graduate surveyor, construction economist, graduate 6 No. 5 The Written Laws (Miscellaneous Amendments) Act, 2023 construction manager or graduate building economist;”; and (g) by adding in the appropriate alphabetical order the following definition: “services” means architectural or quantity surveying professional services that are provided by architects, quantity surveyors or firms referred to under section 36;”. Amendment of section 4 - 5
AI-assisted research summary: The Minister appoints a nine-member Board made up of the listed categories of people.
5. The principal Act is amended in section 4, by- (a) deleting subsection (1) and substituting for it the following: “(1) The Board shall consist of nine members who shall be appointed by the Minister as follows: at (a) a Chairman who shall be an architect or a quantity surveyor years least with experience in the construction industry and proven tangible contribution to the sector; registered (b) one ten architect the Architects representing Association of Tanzania; (c) two and representatives from architectural quantity surveying training institutions, one being a registered architect and the other being a registered quantity surveyor; (d) one registered quantity surveyor appointed from the Tanzania Institute of Quantity Surveyors; (e) a Law Officer representing the Attorney General; (f) one senior officer from the Ministry responsible for local government who shall be either 7 No. 5 The Written Laws (Miscellaneous Amendments) Act, 2023 an architect, quantity surveyor or town planner; (g) one senior officer from the for responsible Ministry construction; and (h) one senior officer from the Ministry responsible for lands who shall be a town planner with experience in the building industry.”. (b) deleting subsection (2); and (c) renumbering subsections (3) and (4) as subsections (2) and (3) respectively. Amendment of section 10 - 6
AI-assisted research summary: Section 10(1) is amended to add “project managers” between “surveyors” and “architectural”.
6. The principal Act is amended in section 10(1) by inserting the words “project managers” between the words “surveyors” and “architectural”. Amendment of section 12 - 7
AI-assisted research summary: Section 7 amends section 12 to set eligibility rules for registration and sub-registration, and renumbers later subsections.
7. The principal Act is amended in section 12, by- (a) deleting subsection (1) and substituting for it the following: “(1) A person shall be eligible for registration in the register if that person- (a) holds a degree or the equivalent qualification from an approved training institution in any of the following fields: (iv) (v) (i) (ii) (iii) architecture; interior design; landscape architecture; furniture architecture; conservation architecture; (vi) architectural technology; (vii) naval architecture; (viii) quantity survey; (ix) building economics; 8 No. 5 The Written Laws (Miscellaneous Amendments) Act, 2023 (x) construction economics; (xi) building survey; (xii) construction management; or (xiii) any other related field the Board may as determine; (b) has done a minimum of two years supervised work in a practising firm in Tanzania after graduating from a recognised college or university and passed the professional examination conducted by the Board; and (c) is a member of the Architects Association of Tanzania or Tanzania Institute of Quantity Surveyors, as the case may be.”; (b) adding immediately after subsection (1) the following: “(2) A person shall be eligible for registration in the sub-register if- (i) (ii) (iii) (a) that person holds a degree or equivalent qualification from an approved training institution in any of the following fields: architecture; interior design; landscape architecture; furniture architecture; conservation architecture; (vi) architectural technology; (vii) naval architecture; (viii) quantity survey; (ix) building economics; (iv) (v) 9 No. 5 The Written Laws (Miscellaneous Amendments) Act, 2023 (x) construction economics; (xi) building survey; (xii) construction management; (xiii) architectural drafting; or (xiv) any other related field the Board may as determine; (b) that person’s general conduct is, in the opinion of the Board, sufficient to make him a proper person to be registered under this Act.”; and (c) renumbering subsections (2), (3) and (4) as subsections (3), (4) and (5) respectively. Amendment of section 13 - 8
AI-assisted research summary: This section amends section 13(2) of the principal Act by replacing one phrase with another.
8. The principal Act is amended in section 13(2) by deleting the words “entered into a joint venture agreement with a local firm” appearing in paragraph (e) and substituting for them the words “engaged a local registered person for the purpose of local capacity building”. Amendment of section 14 - 9
AI-assisted research summary: This provision amends section 14(2) by replacing the word “or” in paragraph (a) with “and”.
9. The principal Act is amended in section 14(2) by deleting the word “or” appearing in paragraph (a) and substituting for it the word “and”. Amendment of section 18 - 10
AI-assisted research summary: A person registered by the Board under section 12(1) may offer certain listed services as an individual, and the Board must issue guidelines for carrying this out.
10. The principal Act is amended in section 18 by adding immediately after subsection (3) the following: “(4) Notwithstanding subsections (1) and (2), a person registered by the Board under section 12(1) may offer the following services as an individual: (a) buildings or construction works as provided in paragraph 2 of the Second Schedule to this Act; or (b) consultancy services including technical audit, quality control, 10 No. 5 The Written Laws (Miscellaneous Amendments) Act, 2023 Amendment of section 33 Amendment of section 36 Amendment of section 37 probe evaluation of bids, value engineering, teams, arbitration and other related services as may be determined by the Board. (5) The Board shall issue guidelines for the better carrying out of the provisions of subsection (4).”. - 11 Verify source ↗
Construction
AI-assisted research summary: This provision changes section 33 of the principal Act by replacing “register” with “sub-register” in the opening phrase to subsection (2).
11. The principal Act is amended in section 33 by deleting the word “register” appearing in the opening phrase to subsection (2) and substituting for it the word “sub-register”. - 12
AI-assisted research summary: This section amends section 36 of the principal Act by expanding listed wording in subsections (2), (3), and (4).
12. The principal Act is amended in section 36, by- (a) adding the words “or any other services as may be determined by the Board” immediately after the word “management” appearing at the end of subsection (2); (b) adding the words “or any other services as may be determined by the Board” immediately after the word “project” appearing at the end of subsection (3); and (c) inserting the words “or construction” between the words “building” and “works” appearing in subsection (4). - 13
AI-assisted research summary: This provision amends section 37 of the principal Act by deleting some words, removing subsections (5) and (6), inserting “or construction,” and renumbering later subsections.
13. The principal Act is amended in section 37- (a) in subsection (1), by deleting the words “architectural or a quantity surveying firm” and substituting for them the words “architect and a quantity surveyor in all stages of the project”; (b) by deleting subsections (5) and (6); (c) in subsection (7) as renumbered by inserting the words “or construction” between the words “building” and “project” (d) by renumbering subsections (7), (8), (9) and (10) as subsections (5), (6), (7) and (8) respectively. 11 No. 5 The Written Laws (Miscellaneous Amendments) Act, 2023 Amendment of section 46 Amendment of section 53 - 14
AI-assisted research summary: This section amends section 46 of the principal Act by replacing one wording with another.
14. The principal Act is amended in section 46 by deleting the phrase “as the Board may determine in consultation with the Minister” and substituting for it the phrase “as may be determined by the relevant authority”. - 15 Verify source ↗
Amendment of section 36
AI-assisted research summary: This provision amends section 53(i) of the principal Act by replacing “students and candidates” with “graduates and candidates for Board’s examinations”.
15. The principal Act is amended in section 53(i) by deleting the words “students and candidates” and substituting for them the words “graduates and candidates for Board’s examinations”. PART III AMENDMENT OF THE MEDIA SERVICES ACT, (CAP. 229) Construction Cap. 229
Part
PART III
- 16
AI-assisted research summary: This Part is to be read together with the Media Services Act, and it amends sections 5, 38, and 50.
16. This Part shall be read as one with the Media Services Act, hereinafter referred to as the “principal Act”. Amendment of section 5 Amendment of section 38 Amendment of section 50 - 17
AI-assisted research summary: This section amends section 5 of the principal Act by deleting paragraph (l) and renumbering paragraphs (m) and (n) as paragraphs (l) and (m).
17. The principal Act is amended in section 5, by- (a) deleting paragraph (l); and (b) renaming paragraphs (m) and (n) as paragraphs (l) and (m) respectively. - 18
AI-assisted research summary: This provision amends section 38 of the principal Act by deleting subsection (3).
18. The principal Act is amended in section 38 by deleting subsection (3). - 19
AI-assisted research summary: This section amends section 50 of the principal Act and lowers the penalty for the offence to a fine of TZS 3 million to 10 million, imprisonment of 2 to 5 years, or both.
19. The principal Act is amended in section 50- (a) in subsection (1), by- (i) deleting paragraph (a)(ii); (ii) deleting paragraph (c)(ii); (iii) deleting the phrase “commits an offence and upon conviction shall be liable to a fine of not less than five million shillings but not exceeding to twenty million imprisonment for a period of not less than three years but not exceeding five years or to both” and substituting for it the phrase “commits an offence and shall, on conviction, be liable to a fine of not less than three million shillings shillings or 12 No. 5 The Written Laws (Miscellaneous Amendments) Act, 2023 but not exceeding ten million shillings or to imprisonment for a period of not less than two years but not exceeding five years or to both.”; (iv) deleting the word “or” appearing at the end of paragraphs (a)(i) and (c)(i); (v) designating the contents of paragraphs (a)(i) and (c)(i) as paragraphs (a) and (c) respectively; and (b) in subsection (2), by deleting the phrase “commits an offence and upon conviction, shall be liable to a fine of not less than five million shillings but not exceeding twenty million shillings or to imprisonment for a period of not less than three years but not exceeding five years or to both” and substituting for it the phrase “commits an offence and shall, on conviction, be liable to a fine of not less than three million shillings but not exceeding ten million shillings or to imprisonment for a period of not less than two years but not exceeding five years or to both.”. - 20
AI-assisted research summary: Section 51(1) is amended to change the penalties for the offence, with different fines and prison terms for a first offence and a subsequent offence.
20. The principal Act is amended in section 51(1) by deleting the phrase “commits an offence and shall be liable upon conviction for the first offence to a fine of not less than five million shillings but not exceeding ten million shillings or to imprisonment for a term of not less than three years but not exceeding five years or to both, and for a subsequent offence, to a fine of not less than eight million shillings but not exceeding twenty million shillings or to imprisonment for a term of not less than five years but not exceeding ten years” and substituting for it the phrase “commits an offence and shall, on conviction, be liable- (a) in the case of the first offence to a fine of not two million shillings but not than less exceeding to five million imprisonment for a term of not less than one shillings or 13 Amendment of section 51 No. 5 The Written Laws (Miscellaneous Amendments) Act, 2023 year but not exceeding three years or to both; and (b) in the case of a subsequent offence, to a fine of not less than five million shillings but not to exceeding imprisonment for a term of not less than one year but not exceeding three years.”. shillings or ten million Amendment of section 53 - 21
AI-assisted research summary: This section amends penalties in section 53, changing fines and imprisonment terms for several offences and allowing the court to stop further newspaper publication in one case.
21. The principal Act is amended in section 53- (a) in subsection (1), by deleting the phrase “commits an offence and shall be liable upon conviction, in the case of the first offender to a fine of not less than five million shillings but not exceeding ten million shillings or to imprisonment for a term of not less than three years but not exceeding five years or to both, and for a subsequent offence, to a fine of not less than seven million shillings but not to exceeding imprisonment for a term of not less than five years but not exceeding ten years or to both” and substituting for it the phrase “commits an offence and shall, on conviction, be liable- twenty million shillings or (a) in the case of the first offence, to a fine of not less than three million shillings but not exceeding five million shillings or to imprisonment for a term of not less than one year but not exceeding three years or to both; and (b) in the case of a subsequent offence, to a fine of not less than five million shillings but not exceeding ten million shillings or to imprisonment for a term of not less than three years but not exceeding five years or to both.”; (b) in subsection (2), by deleting the phrase “commits an offence and shall be liable upon conviction, in the case of first offender to a fine of not less than two million shillings but not to exceeding five million shillings or 14 No. 5 The Written Laws (Miscellaneous Amendments) Act, 2023 imprisonment for a term of not less than two years but not exceeding five years or to both, and for a subsequent offence to a fine of not less than three million shillings but not exceeding ten million shillings or to imprisonment for a term of not less than three years but not exceeding ten years or to both” and substituting for it the phrase “commits an offence and shall, on conviction, be liable - (a) in the case of a first offence, to a fine of not less than two million shillings but not exceeding three million shillings or to imprisonment for a term of not less than one year but not exceeding three years or to both; and (b) in the case of a subsequent offence, to a fine of not less than three million shillings but not exceeding five million shillings or to imprisonment for a term of not less than three years but not exceeding five years or to both.”; (c) by deleting subsections (4) and (5); (d) by deleting subsection (6) and substituting for it the following: “(6) When the proprietor, publisher or editor of a newspaper is convicted of printing or publishing a seditious publication in a newspaper, the court may, in addition to any other penalty it may impose, make an order prohibiting any further publication of the newspaper for a period of not less than twelve months but not exceeding three years.”; (e) by deleting subsection (7); (f) in subsection (8), by deleting the phrase “commits an offence, and shall be liable upon conviction, to a fine of not less than five million shillings but not exceeding ten million shillings or to imprisonment for a term of not less than three years but not exceeding five years or to the phrase both” and substituting for it 15 No. 5 The Written Laws (Miscellaneous Amendments) Act, 2023 Amendment of section 54 Amendment of section 55 Amendment of section 63 “commits an offence, and shall, on conviction, be liable, to a fine of not less than three million shillings but not exceeding five million shillings or to imprisonment for a term of not less than two years but not exceeding three years or to both.”; and (g) by renumbering subsections (6) and (8) as subsections (4) and (5), respectively. - 22
AI-assisted research summary: This provision changes the penalty for the offence in section 54(1).
22. The principal Act is amended in section 54(1) by deleting the phrase “commits an offence and shall be liable upon conviction to a fine of not less than ten million shillings but not exceeding twenty million shillings or to imprisonment for a term of not less than four years but not exceeding six years or to both” and substituting for it the phrase “commits an offence and shall, on conviction, be liable, to a fine of not less than three million shillings but not exceeding five million shillings or to imprisonment for a term of not less than one year but not exceeding three years or to both”. - 23
AI-assisted research summary: This section lowers the fine in section 55(2) from 15–25 million shillings to 10–15 million shillings.
23. The principal Act is amended in section 55(2) by deleting the phrase “be liable to a fine of not less than fifteen million shillings but not exceeding twenty five million shillings”, and substituting for it the phrase “be liable to a fine of not less than ten million shillings but not exceeding fifteen million shillings”. - 24
AI-assisted research summary: This amendment changes the penalties in sections 63 and 64, increasing the fines and imprisonment terms for the offences described there.
24. The principal Act is amended in section 63- (a) in subsection (1), by deleting the phrase “commits an offence, and on conviction shall be liable to a fine of five million shillings or imprisonment for a term of one year, or to both”, and substituting for it the phrase “commits an offence and shall, on conviction, be liable to a fine of not less than two million shillings but not exceeding five million shillings or to imprisonment for a term of not less than one year but not exceeding three years or to both.”; and 16 No. 5 The Written Laws (Miscellaneous Amendments) Act, 2023 Amendment of section 64 fine of (b) in subsection (2), by deleting the phrase “liable to a ten million shillings or imprisonment for a term of seven years”, and substituting for it the phrase “liable to a fine of not less than five million shillings but not exceeding seven million shillings or to imprisonment for a term of not less than three years but not exceeding five years.”. twenty million - 25 Verify source ↗
Construction
AI-assisted research summary: This section changes the penalties in section 64(2): the fines are reduced and the imprisonment range is set at not less than three years and not more than five years.
25. The principal Act is amended in section 64(2)- (a) in paragraph (a), by deleting the phrase “to a fine of not less than ten million shillings but not exceeding shillings or imprisonment for a term of not less than three years or to both” and substituting for it the phrase “to a fine of not less than five million shillings but not exceeding ten million shillings or imprisonment for a term of not less than three years but not exceeding five years or to both.”; and (b) in paragraph (b), by deleting the phrase “to a fine of not less than fifteen million shillings but not exceeding twenty five million shillings or imprisonment for a term of not less than three years or to both” and substituting for it the phrase “to a fine of not less than five million shillings but not exceeding ten million shillings or imprisonment for a term of not less than three years but not exceeding five years or to both”. PART IV AMENDMENT OF THE MEDICAL STORES DEPARTMENT ACT, (CAP. 70) Construction Cap. 70
Part
PART IV
- 26
AI-assisted research summary: This Part must be read together with the Medical Stores Department Act.
26. This Part shall be read as one with the Medical Stores Department Act, hereinafter referred to as the “principal Act”. 17 No. 5 The Written Laws (Miscellaneous Amendments) Act, 2023 Amendment of section 6 - 27 Verify source ↗
Construction
AI-assisted research summary: This provision amends section 6 of the principal Act, revising how the Board is composed and requiring at least one appointed member from the private sector.
27. The principal Act is amended in section 6 by- (a) deleting subsection (1) and substituting for it the following: “(1) The Board shall be composed of the Chairman appointed by the President and eight other members appointed by the Minister as follows: from responsible (a) the Director responsible for the health for primary Ministry primary healthcare services; (b) the Commissioner for Budget or the for representative responsible from his Ministry finance; (c) the Director responsible for registration of medicine or his medical devices the representative authority for medical devices; from responsible or (d) the Director responsible for services or his diagnostic representative from the Ministry responsible for health; (e) a law officer representing the Attorney General; and (f) three other members with qualifications in any of the following fields: accountancy; (i) (ii) pharmacy; (iii) medicine or diagnostics; (iv) supply chain (v) management; or information communication technology.”; and and (b) deleting subsection (2) and substituting for it the following: 18 No. 5 The Written Laws (Miscellaneous Amendments) Act, 2023 “(2) In appointing members under subsection (1)(f), the Minister shall ensure that at least one member is from the private sector.” PART V AMENDMENT OF THE NATIONAL LEADERS’ FUNERALS ACT, (CAP. 419) Construction Cap. 419
Part
PART V
- 28
AI-assisted research summary: This provision says this Part must be read together with the National Leaders’ Funerals Act, and it refers to repeal and replacement of section 6.
28. This Part shall be read as one with the National Leaders’ Funerals Act, hereinafter referred to as the “principal Act”. Repeal and replacement of section 6 - 29
AI-assisted research summary: This provision amends the principal Act by repealing section 6 and replacing it with new text, but the replacement text is cut off in the source provided.
29. The principal Act is amended by repealing section 6 and replacing for it the following: “Death announce ment President - 6
AI-assisted research summary: Certain officeholders must announce deaths of specified leaders, and the President must announce the burial date of a former President who died in office as a public holiday, subject to the Public Holidays Act.
6.-(1) The shall, immediately after the occurrence of death of a national leader or serving specified leader, announce death of such leader in accordance with the provisions of this Act. (2) The serving specified leader shall, immediately after occurrence of death of the retired specified leader, announce such death in accordance with the provisions of this Act. (3) Where death occurs while the President or serving specified leader is not in the United Republic or not in office for any reason, the person for the time being discharging functions of the- (a) President shall announce the death of a national leader or serving specified leader; and (b) serving specified leader shall announce the death of a retired specified leader. Cap. 35 (4) Subject to the Public Holidays Act, the President shall announce the burial date of the former President who 19 No. 5 The Written Laws (Miscellaneous Amendments) Act, 2023 died while in office to be a public holiday.”. Amendment of section 9 - 30
AI-assisted research summary: This section amends section 9 so that, when a serving or retired specified leader dies, the President must announce the death to the public after receiving the death information from the family, subject to section 6.
30. The principal Act is amended in section 9 by deleting subsection (1) and substituting for it the following: specified “(1) Subject to section 6, where a serving specified leader dies or a retired specified leader dies, the President or the serving shall, after receiving the death information from the an family of announcement thereof to the general public in such manner as may be considered appropriate.”. the deceased, make leader Amendment of section 10 - 31
AI-assisted research summary: This provision amends section 10 of the principal Act by replacing one word, and it begins an amendment to section 11.
31. The principal Act is amended in section 10, by deleting the word “sections” and substituting for it the words “or cause the application of sections 6,”. Amendment of section 11 by- - 32
AI-assisted research summary: This provision amends section 11(2) of the principal Act by adding three new paragraphs and renumbering existing paragraphs.
32. The principal Act is amended in section 11(2), (a) adding immediately after paragraph (i), the following: “(j) the Minister coordination business; responsible of Government for (k) the Minister responsible for legal affairs; (l) the Minister responsible for retired leaders’ affairs;”; and (b) renaming paragraphs (j) to (q) as paragraphs (m) to (t), respectively. Amendment of section 12 - 33
AI-assisted research summary: This provision amends section 12 of the principal Act and gives the Chairman power to issue directives to the Executive Committee.
33. The principal Act is amended in section 12- (a) by designating the contents of section 12 as subsection (1); (b) in subsection (1) as designated, by deleting the words “advise and” appearing in paragraph (e); and 20 No. 5 The Written Laws (Miscellaneous Amendments) Act, 2023 (c) adding immediately after subsection (1) as designated, the following: of the provisions of “(2) The Chairman the Committee may, for better implementation issue of directives to the Executive Committee any time and in such manner as the Chairman considers fit.”. this Act, Amendment of section 13 - 34
AI-assisted research summary: The Executive Committee may meet at least once a year to discuss implementation of the Act.
34. The principal Act is amended in section 13- (a) in subsection (1), by- (i) adding immediately after paragraph (i) the following: “(j) responsible the Permanent Secretary- for Ministry legal affairs; the Permanent Secretary- Ministry for information;”; (ii) renaming paragraphs (j), (k) and (l) as (n), (l), responsible (m) and (k) paragraphs respectively; (iii) deleting the word “and” appearing at the end of paragraph (m) as renamed; (iv) deleting the full stop appearing at the end of paragraph (n) as renamed and substituting for it a semi colon; and (v) adding immediately after paragraph (n) as renamed, the following: the Chief Court “(o) Administrator; (p) the Clerk of the National Assembly; (q) the Chief of Defence Forces; the Director General of (r) Intelligence and Security Service; and the Police.”; Inspector General of (s) 21 No. 5 The Written Laws (Miscellaneous Amendments) Act, 2023 to (b) in subsection (3), by adding the words “or the Executive Committee” the word “Minister” Secretary immediately after appearing at the end of paragraph (c); and (c) by adding immediately after subsection (3) the following: “(4) The Executive Committee may meet at least once in a year to discuss matters related to the implementation of this Act.”. Amendment of section 17 - 35
AI-assisted research summary: The National Funeral Committee must determine the structure of a cemetery for a national or specified leader, after consulting the family and following regulations made by the Minister.
35. The principal Act is amended in section 17 by adding immediately after subsection (2) the following: “(3) The structure of the cemetery of a national leader or specified leader shall be determined by the National Funeral Committee upon consultation with the family of the national or specified leader in accordance with the regulations prescribed by the Minister.”. Amendment of section 18 - 36
AI-assisted research summary: Section 18(1) is amended so the referenced place changes from the National Stadium at Dar es Salaam to a designated place in Dodoma.
36. The principal Act is amended in section 18(1) by deleting the words “at the National Stadium at Dar es Salaam” and substituting for them the words “at a designated place in Dodoma”. Amendment of section 23 - 37 Verify source ↗
Construction
AI-assisted research summary: This section changes another law by replacing the words “Public Safety and Security” with “home affairs” in section 23(3).
37. The principal Act is amended in section 23(3) by deleting the words “Public Safety and Security” and substituting for them the words “home affairs”. Construction Cap. 170 General amendment PART VI AMENDMENT OF THE RAILWAYS ACT, (CAP. 170)
Part
PART VI
- 38
AI-assisted research summary: This Part must be read together with the Railways Act, which is called the principal Act.
38. This Part shall be read as one with the Railways Act, hereinafter referred to as the “principal Act”. - 39
AI-assisted research summary: This provision amends the principal Act by replacing certain words wherever they appear.
39. The principal Act is amended generally by- (a) deleting the words “authorised employee” the Act and they appear wherever in 22 No. 5 The Written Laws (Miscellaneous Amendments) Act, 2023 substituting for them the words “authorised officer”; and (b) deleting the words “Railway Infrastructure Fund” wherever they appear in the Act and substituting for them the words “Railway Fund”. Amendment of section 3 - 40
AI-assisted research summary: This section adds several new definitions to section 3 of the principal Act, including terms for compartment, open access, open access operator, railway reserve, and wagon ferry.
40. The principal Act is amended in section 3 by adding in their appropriate alphabetical order the following definitions: ““compartment” means a specified chamber or section in a wagon established for carrying passengers or goods from the place of carriage to the destination; independent “open access” means an arrangement train whereby an operator uses rail infrastructure owned by the Corporation for the purposes of providing rail transport services to optimise the use of rail network rail performance by paying agreed access fees; improve and license by “open access operator” means a person the issued with a Regulator to provide rail transport services through open access; “railway reserve” means any area of land owned by the Corporation whether or not surveyed or demarcated for railways works including railway strips, station yards, garage, access road, quarries, borrow pit, dump sites, houses or any building owned by the Corporation for commercial or residential purposes; “wagon ferry” means a vessel connected to the railway line used to convey 23 No. 5 The Written Laws (Miscellaneous Amendments) Act, 2023 wagons from one point to another in inland waterways;”. Amendment of section 6 - 41
AI-assisted research summary: This section amends section 6(1)(n) of the principal Act by adding a new subparagraph on development of real estate owned by the Corporation and renumbering later subparagraphs.
41. The principal Act is amended in section 6(1)(n), by- Addition of sections 9A, 9B and 9C (a) adding immediately after subparagraph (iii) the following: “(iv) development of any real estate owned by the Corporation;”; and (b) renaming subparagraphs (iv) and (v) as subparagraphs (v) and (vi), respectively. - 42
AI-assisted research summary: This section amends the principal Act by inserting new text immediately after section 9.
42. The principal Act is amended by adding immediately after section 9 the following: “Open access Register Non- transferabi lity of permit - 9A Verify source ↗
(1) A person who intends to
AI-assisted research summary: A person planning to provide rail transport services through open access must apply to the Corporation for a permit, then apply to the Regulator for a license, and after that enter into an open access agreement with the Corporation.
9A.-(1) A person who intends to provide rail transport services through open access shall apply to the Corporation for a permit in a prescribed manner. (2) An applicant who has obtained a permit under subsection (1) shall apply to the Regulator to be issued with a license. (3) Subject to subsection (2), the applicant shall, after being issued with a license, enter into open access agreement with the Corporation. (4) A person who contravenes the provisions of this section commits an offence. - 9B Verify source ↗
The Corporation shall keep
AI-assisted research summary: The Corporation must keep and maintain a register of open access operators who have been issued permits under section 9A.
9B. The Corporation shall keep and maintain a register of open access operators who have been issues with permits under section 9A. - 9C Verify source ↗
The permit
AI-assisted research summary: A permit issued under section 9A(1) cannot be transferred.
9C. The permit issued under section 9A(1) shall not be transferrable.”. Amendment of section 21 by- - 43
AI-assisted research summary: This amendment adds a paragraph giving the Director General disciplinary powers over Corporation officers, staff, and employees within the Director General’s mandate.
43. The principal Act is amended in section 21(1), 24 No. 5 The Written Laws (Miscellaneous Amendments) Act, 2023 (a) adding immediately after paragraph (l) the following: “(m) exercise disciplinary powers to officers, staff and employees of the Corporation who are within the Director General’s mandate;”; and (b) renaming paragraphs (m) and (n) as paragraphs (n) and (o), respectively. Amendment of section 22 - 44
AI-assisted research summary: This provision amends section 22 of the principal Act by deleting subsection (3) and renumbering later subsections.
44. The principal Act is amended in section 22, by- (a) deleting subsection (3); and (b) renumbering subsections (6) as (4) to subsections (3) to (5) respectively. Amendment of section 24 - 45
AI-assisted research summary: This section amends section 24(1) by adding the words “railway station or railway premises” after “railway strip”.
45. The principal Act is amended in section 24(1) by adding the words “railway station or railway premises” immediately after the words “railway strip”. Addition of section 24A - 46
AI-assisted research summary: This section amends the principal Act by inserting a new section after section 24 titled “Permit to use railway strip, etc.”
46. The principal Act is amended by adding immediately after section 24 the following: “Permit to use railway strip, etc. - 24A Verify source ↗
A person who intends to use
AI-assisted research summary: A person who wants to use railway strip, station, or premises must apply to the Corporation for a permit and pay the prescribed fees and related costs.
24A. A person who intends to use any part of the railway strip, railway station or railway premises shall, subject to payment of prescribed fees and other costs associated with the use, apply to the Corporation for a permit.”. Amendment of section 29 - 47
AI-assisted research summary: This provision amends section 29(2) by inserting the words “upon application by Corporation” before “inspect.”
47. The principal Act is amended in section 29(2) the the words “upon application by Corporation” between the words “may” and “inspect”. inserting to Amendment of section 51 - 48
AI-assisted research summary: This provision amends section 51(2)(b) by inserting the words “under section 52” after “goods” and before “shall”.
48. The principal Act is amended in section 51(2)(b) by inserting the words “under section 52” between the words “goods” and “shall”. Amendment of section 68 - 49
AI-assisted research summary: This provision amends section 68 to expand railway-related wording and to limit Railway Fund expenditure to specified purposes.
49. The principal Act is amended in section 68, by- (a) deleting the word “infrastructure” appearing at the end of subsection (2) and substituting for it the words “infrastructure; purchase new and maintain existing rolling stock”; 25 No. 5 The Written Laws (Miscellaneous Amendments) Act, 2023 (b) adding the words “and stock” immediately after the words “infrastructure” appearing in subsection (7); and rolling (c) deleting subsection (9) and substituting for it the following: “(9) Expenditure from the Railway Fund shall be limited to- (a) administrative attributable overheads directly its to operation and management; (b) funding of the renewal and development of existing and the provision rail of infrastructure; and new (c) purchase of new rolling stock and funding the maintenance of existing rolling stock.”. Addition of section 77A - 50
AI-assisted research summary: This section amends the principal Act by inserting new text after section 77, titled “Operation in open access without permission.”
50. The principal Act is amended by adding immediately after section 77 the following: “Operation in open access without permission - 77A Verify source ↗
A person who provides
AI-assisted research summary: A person providing transport services through open access without permission commits an offence and may be fined, imprisoned, or both if convicted.
77A. A person who provides transport services through open access without permission commits an offence and shall, on conviction, be liable to a fine of not less than ten million shillings but not exceeding one hundred million shillings or to imprisonment for a term of not less than six months but not exceeding two years or to both.”. Addition of section 103A - 51
AI-assisted research summary: This provision amends the principal Act by inserting a new section titled “Recovery of damages” after section 103.
51. The principal Act is amended by adding immediately after section 103 the following: “Recovery of damages - 103A Verify source ↗
Where an accident occurs in
AI-assisted research summary: If an accident happens at a level crossing involving a road vehicle or other object and rolling stock, the Regulator must direct the Corporation to recover damages for the rolling stock or railway track from the owner involved.
103A. Where an accident occurs in a level crossing that involves a road vehicle or any other object and a rolling stock, the Regulator shall determine and cause the Corporation to recover damages caused to the rolling stock or railway track from the owner of the road vehicle or any other object as the case may be.”. 26 No. 5 The Written Laws (Miscellaneous Amendments) Act, 2023 Amendment of section 108 - 52
AI-assisted research summary: If a person asks the Corporation to build a level crossing for private or public use, that person must pay the construction and maintenance costs as set in the Tariff Book.
52. The principal Act is amended in section 108 by adding immediately after subsection (4) the following: “(5) Where a person requests the Corporation to construct a level crossing for private or public use, such person shall bear the cost of construction and maintenance as prescribed under the Tariff Book.”. PART VII AMENDMENT OF THE TANZANIA FORESTRY RESEARCH INSTITUTE ACT, (CAP. 277) Construction Cap. 277
Part
PART VII
- 53
AI-assisted research summary: This section says this Part is to be read together with the principal Act, and it introduces amendments to the long title and section 2.
53. This Part shall be read as one with the Tanzania Forestry Research Institute Act, hereinafter referred to as the “principal Act”. Amendment of long title Amendment of section 2 - 54
AI-assisted research summary: The principal Act’s long title is changed to include “and beekeeping” after “promotion of forestry”.
54. The principal Act is amended in the long title by adding the words “and beekeeping” immediately after the words “promotion of forestry”. - 55
AI-assisted research summary: This section amends section 2 by adding definitions for beekeeping, apiary, and bee reserve, and by replacing the definition of timber.
55. The principal Act is amended in section 2, by- (a) adding in their appropriate alphabetical order the following definitions: ““beekeeping” means an art and science of managing honeybees for production of honey, beeswax and other bee products for domestic consumption or commercial purpose; “apiary” has the meaning ascribed to it under the Beekeeping Act; Cap. 224 Cap. 323 “bee reserve” means an area of land declared as such under the Beekeeping Act;”; and (b) deleting the definition of the term “timber” and substituting for it the following: ““timber” has the meaning ascribed to it under the Forest Act;”. 27 No. 5 The Written Laws (Miscellaneous Amendments) Act, 2023 Amendment of section 4 - 56
AI-assisted research summary: This section amends section 4 of the principal Act to add beekeeping-related terms and activities, including apiaries, bee products, and research.
56. The principal Act is amended in section 4- (a) in subsection (1)- (i) by adding the words “and beekeeping” immediately after the word “forestry” appearing in paragraphs (a), (b), (e), (f), (j), (k) and (l); (ii) by adding the words “and beekeeping” immediately after the word “forests” appearing in paragraphs (h); (iii) by deleting the words “and for the management of forests” appearing in paragraph (i) and substituting for them the words “and beekeeping research and for the management of forests and apiaries”; (iv) in paragraph (l) by adding immediately after subparagraph (iii) the following: “(iv) the establishment of trial rearing queen apiaries, centres and bee reserves in such areas as the Board may determine; (v) harvesting, processing, packaging and marketing of forest and bee products;”; (v) by adding immediately after paragraph (r) the following: relating “(s) carry out and promote the carrying out of experiments to research and beekeeping;”; (vi) by renaming paragraphs (r) and (s) as paragraphs (s) and (t) respectively; (vii) by deleting the word “credit” appearing in paragraph (s) as renamed and substituting the word for “credibility”; and it (b) in subsection (2) by deleting the phrase “Tanzania Wood Industry Corporation established by the Tanzania Wood Industry 28 No. 5 The Written Laws (Miscellaneous Amendments) Act, 2023 Corporation substituting responsible for beekeeping”. (Establishment) Order” and the words “Director for it Amendment of section 5 - 57
AI-assisted research summary: The Minister may, on the Board’s recommendation and by Gazette order, declare a forest, forest reserve, or bee reserve to be a Centre for forestry or beekeeping research, and give the Institute control and management of it.
57. The principal Act is amended in section 5 by deleting subsection (3) and substituting for it the following: “(3) The Minister may, upon recommendations of the Board, by order published in the Gazette, declare any forest, forest reserve or bee reserve to be a Centre for the purposes of forestry or beekeeping research under this Act, and vest in the Institute the control and management of that Centre.”. Amendment of section 8 by- - 58
AI-assisted research summary: This section amends section 8(4) of the principal Act by inserting references to beekeeping and forestry.
58. The principal Act is amended in section 8(4), (a) adding the words “or beekeeping” immediately in the word “forestry” appearing after paragraph (a); and (b) adding the words after “and the word beekeeping” “forestry” immediately appearing in paragraph (d). Amendment of section 9 - 59
AI-assisted research summary: Section 59 amends section 9 of the principal Act and creates an offence for contravening subsection (1).
59. The principal Act is amended in section 9, by- (a) adding the words “or beekeeping” immediately in the word “forestry” appearing after subsection (1); (b) deleting subsection (2) and substituting for it the following: “(2) Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine of not less than two million shillings but not exceeding five million shillings or to imprisonment for a term of not less than three months but not exceeding six months or to both.”. 29 No. 5 The Written Laws (Miscellaneous Amendments) Act, 2023 Repeal of section 10 Amendment of section 11 Amendment of section 12 - 60
AI-assisted research summary: This section amends the principal Act by repealing section 10.
60. The principal Act is amended by repealing section 10. - 61
AI-assisted research summary: Section 11 is amended to insert the word “beekeeping” after “forestry.”
61. The principal Act is amended in section 11 by adding the word “beekeeping” immediately after the word “forestry”. - 62
AI-assisted research summary: This section amends section 12 of the principal Act, replaces some wording, adds references to beekeeping, repeals section 15, and amends section 14 and the Second Schedule.
62. The principal Act is amended in section 12- (a) by deleting the words “after consultation with” appearing in subsection (1) and substituting for them the words “upon recommendations by”; and (b) in subsection (2), by- (i) adding the word “beekeeping” immediately after the word “forestry” appearing in paragraph (a); (ii) adding the words “or beekeeping” immediately after the word “forestry” appearing in paragraph (c); and (iii) adding the words “or bee” immediately after the word “forest” appearing in paragraph (e). Repeal and replacement of section 14 Repeal of section 15 Amendment of Second Schedule
Part
Schedule
- 63
AI-assisted research summary: This section amends the principal Act by repealing section 14 and replacing it with new text about remuneration of members of the Board.
63. The principal Act is amended by repealing section 14 and replacing for it the following: “Remuneration of members of Board - 14
AI-assisted research summary: Board members are entitled to remuneration, fees, or allowances set by the relevant authority.
14. The members of the Board shall be entitled to such remuneration, fees or allowances as may be determined by the relevant authority.”. - 64
AI-assisted research summary: This section repeals section 15 of the principal Act.
64. The principal Act is amended by repealing section 15. - 65 Verify source ↗
The principal Act is amended in the Second
AI-assisted research summary: This section amends the principal Act’s Second Schedule by deleting paragraph 1 and replacing it with new text starting “Composition of Board”.
65. The principal Act is amended in the Second Schedule by deleting paragraph 1 and substituting for it the following: “Composition of Board
Part
Schedule by deleting paragraph 1 and substituting for it the
- 1
AI-assisted research summary: The Board must include a Chairman appointed by the President, eight other members appointed by the Minister, and the Director General serves as the Board’s Secretary.
1.-(1) The Board shall consist of- (a) a Chairman who shall be appointed by the President; and 30 No. 5 The Written Laws (Miscellaneous Amendments) Act, 2023 (b) eight other members who shall be appointed by the Minister as follows: (i) (ii) (iv) a Officer the Conservation the Forest the Director of the Forestry and Beekeeping Division; the Commissioner of Tanzania Services Agency; (iii) the Director General of Tanzania the Commission for Science and Technology; Law representing Attorney General; (v) a representative from a -learning higher institution who possesses qualifications relating to forestry or beekeeping management; (vi) a member from a association registered dealing with forestry or beekeeping; (vii) Administrative the Secretary Tanzania Forest Fund; and (viii) one of person or with human financial resources expertise. (2) The Director General shall be the Secretary to the Board.”. 31 No. 5 The Written Laws (Miscellaneous Amendments) Act, 2023 PART VIII AMENDMENT OF THE TREASURY REGISTRAR (POWERS AND FUNCTIONS) ACT, (CAP. 370) Construction Cap. 370
Part
PART VIII
- 66
AI-assisted research summary: This section says this Part must be read together with the Treasury Registrar (Powers and Functions) Act, which is called the principal Act.
66. This Part shall be read as one with the Treasury Registrar (Powers and Functions) Act, hereinafter referred to as the “principal Act”. Amendment of section 2 - 67 Verify source ↗
Construction
AI-assisted research summary: This section changes the definition of “Minister” in section 2 by replacing “finance” with “public investments”.
67. The principal Act is amended in section 2 by deleting the word “finance” appearing in the definition of the term “Minister” and substituting for it the words “public investments”. PART IX AMENDMENT OF THE VALUE ADDED TAX ACT, (CAP. 148) Construction Cap. 148
Part
PART IX
- 68
AI-assisted research summary: This Part must be read together with the Value Added Tax Act, which is called the principal Act.
68. This Part shall be read as one with the Value Added Tax Act, hereinafter referred to as the “principal Act”. Amendment of Schedule - 69 Verify source ↗
Construction
AI-assisted research summary: This section amends the Schedule by replacing the date “30th December, 2022” with “30th June, 2026” in item 22.
69. The principal Act is amended in the Schedule by deleting the words “30th December, 2022” appearing in item 22 and substituting for them the words “30th June, 2026”. Passed by the National Assembly on the 13th June, 2023 NENELWA J. MWIHAMBI Clerk of the National Assembly 32
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The Written Laws (Miscellaneous Amendments) Act, 2023
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