The Written Laws (Miscellaneous Amendments) (No. 4) Act, 2023
This section says the Act may be cited as the Written Laws (Miscellaneous Amendments) (No. 4) Act, 2023.
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About this statute
This section says the Act may be cited as the Written Laws (Miscellaneous Amendments) (No. 4) Act, 2023. This section says the written laws listed in the Act’s various Parts are amended as those Parts specify. This section says this Part must be read together with the Business Licensing Act, which it calls the principal Act. This provision amends section 2 of the principal Act by adding definitions for “Chief Executive Officer” and “foreign owned.” This section amends section 8 of the principal Act by deleting subsections (5) and (6) and renumbering subsections (7) and (8) as (5) and (6).
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Provisions of The Written Laws (Miscellaneous Amendments) (No. 4) Act, 2023
Showing 135 of 135
Part
PART I
- 1 Verify source ↗
2. Amendment of certain laws
AI-assisted research summary: This section says the Act may be cited as the Written Laws (Miscellaneous Amendments) (No. 4) Act, 2023.
1. This Act may be cited as the Written Laws (Miscellaneous Amendments) (No. 4) Act, 2023. Amendment of certain laws - 2 Verify source ↗
Amendment of certain laws
AI-assisted research summary: This section says the written laws listed in the Act’s various Parts are amended as those Parts specify.
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 BUSINESS LICENSING ACT, (ACT NO. 25 OF 1972) Construction Act No. 25 of 1972 Amendment of section 2
Part
PART II
- 3 Verify source ↗
Construction
AI-assisted research summary: This section says this Part must be read together with the Business Licensing Act, which it calls the principal Act.
3. This Part shall be read as one with the Business Licensing Act, hereinafter referred to as the “principal Act”. - 4 Verify source ↗
Amendment of section 2
AI-assisted research summary: This provision amends section 2 of the principal Act by adding definitions for “Chief Executive Officer” and “foreign owned.”
4. The principal Act is amended in section 2 by adding in their appropriate alphabetical order the following definitions: 7 No. 12 The Writen Laws (Miscellaneous Amendments) (No. 4) Act, 2023 ““Chief Executive Officer” means the accounting officer of any licensing authority appointed under this Act; “foreign owned” means- (a) in case of natural person, a person who is not a citizen of Tanzania; (b) in case of company, a company incorporated under the laws of any country other than Tanzania or a company incorporated under the laws of Tanzania in which more than fifty percent of shares are held by person who is not a citizen of Tanzania; and (c) in the case of partnership, a partnership the partnership controlling interest is owned by a person who is not a citizen of Tanzania;”. in which Amendment of section 8 - 5 Verify source ↗
Amendment of section 8
AI-assisted research summary: This section amends section 8 of the principal Act by deleting subsections (5) and (6) and renumbering subsections (7) and (8) as (5) and (6).
5. The principal Act is amended in section 8, by- (a) deleting subsections (5) and (6); and (b) renumbering subsections (7) and (8) as subsections (5) and (6) respectively. Amendment of section 13 - 6 Verify source ↗
Amendment of section 13
AI-assisted research summary: This section amends the principal Act by deleting specified words from section 13(3) and adding section 14B.
6. The principal Act is amended in section 13(3) by deleting the words “Taxpayer Identification Number and”. Addition of section 14B - 7 Verify source ↗
Addition of section 14B
AI-assisted research summary: Section 7 adds a new section after section 14A called “Cancellation or suspension of licence.”
7. The principal Act is amended by adding immediately after section 14A the following: “Cancellation or suspension of licence - 14B Verify source ↗
(1) The licensing
AI-assisted research summary: The licensing authority may cancel or suspend a business licence if the holder breaches a licence condition. The Minister may also make regulations about the cancellation and suspension procedures.
14B.-(1) The licensing authority may cancel or suspend a business licence granted under this Act where it is satisfied that the holder of a business licence has breached any condition of licence. (2) The Minister may make regulations prescribing for 8 No. 12 The Writen Laws (Miscellaneous Amendments) (No. 4) Act, 2023 procedures for cancelation and suspension of licence under this section.”. Repeal and replacement of section 17 - 8 Verify source ↗
Repeal and replacement of section 17
AI-assisted research summary: This provision amends the principal Act by repealing section 17 and replacing it with new text.
8. The principal Act is amended by repealing section 17 and replacing for it the following: “Inspection - 17 Verify source ↗
Amendment of section 7
AI-assisted research summary: The Permanent Secretary, a licensing authority, or an authorised public officer may enter suspected business premises, inspect them, require the business licence, demand relevant information, and seek police assistance.
17.-(1) The Permanent Secretary, a licensing authority or any public officer authorised by a licensing authority may enter into any premise in which he reasonably suspects any person is carrying on any business and may- (a) require such person to produce to him the business licence; (b) inspect and or the examine place where premises business is carried; or (c) demand the owner, occupier or other person having control of to give any the premises information the to inspection. relevant (2) The Permanent Secretary, a licensing authority or a public officer authorised by a licensing authority may, in exercising his powers under subsection (1), seek assistance of a police officer.”. Addition of section 18A - 9 Verify source ↗
Addition of section 18A
AI-assisted research summary: The principal Act is amended to add a new section after section 18 titled “Obligation of holder of licence”.
9. The principal Act is amended by adding immediately after section 18 the following: “Obligation of holder of licence - 18A Verify source ↗
A holder of licence
AI-assisted research summary: A licence holder must notify the licensing authority when business operations stop or suspend, the business is put into liquidation or bankruptcy, the premises change, or the line of business changes.
18A. A holder of licence shall licensing notify authority in which his business licence is issued where- the (a) he ceases or suspends to operate business before, or within twenty-one days after, expiry of the business licence; 9 No. 12 The Writen Laws (Miscellaneous Amendments) (No. 4) Act, 2023 (b) he is placed under or liquidation bankruptcy; (c) business premises are changed; or (d) his line of business has changed.”. Amendment of section 19 - 10 Verify source ↗
Amendment of section 19
AI-assisted research summary: This section amends section 19 to add a new offence for failing to comply with section 18A, and updates the penalty provisions for offences under section 19(1).
10. The principal Act is amended in section 19(1)- (a) by deleting paragraph (d) and substituting for it the following: “(d) fails to comply with the provisions of section 17;”; (b) by adding immediately after paragraph (g) the following: “(h) fails to comply with the provisions of section 18A;”; (c) renaming paragraph (h) as paragraph (i); and (d) deleting subparagraph (i) of the closing phrase and substituting for it the following: “(i) in the case of an offence under paragraph (a) to (i), a fine of- (aa) not less than one hundred shillings but not thousand exceeding hundred five thousand shillings for a business of national and international character; and hundred (bb) not less than fifty thousand shillings but not exceeding three thousand shillings for a business whose licence is issued and governed by the local authorities, or to imprisonment for a term not exceeding two years or to both.”. Amendment of section 24 by- - 11 Verify source ↗
Amendment of section 24
AI-assisted research summary: This section amends section 24(1) of the principal Act by changing the wording about business licence cancellation, suspension, and revocation.
11. The principal Act is amended in section 24(1), 10 No. 12 The Writen Laws (Miscellaneous Amendments) (No. 4) Act, 2023 (a) deleting paragraphs (b) and (c) and substituting for them the following: “(b) a cancellation, suspension or revocation of a business licence under this Act;”; (b) renaming paragraph (d) as paragraph (c); and (c) adding the words “cancellation, suspension,” immediately after the word “refusal” appearing in the closing phrase. PART III AMENDMENT OF THE DAR ES SALAAM INSTITUTE OF TECHNOLOGY ACT, (CAP. 144) Construction Cap. 144 General amendments Amendment of section 2
Part
PART III
- 12 Verify source ↗
Construction
AI-assisted research summary: This section says this Part must be read together with the Dar es Salaam Institute of Technology Act.
12. This Part shall be read as one with the Dar es Salaam Institute of Technology Act, hereinafter referred to as the “principal Act”. - 13 Verify source ↗
General amendments
AI-assisted research summary: This section changes the Act by replacing every use of “Principal” with “Rector”.
13. The principal Act is amended generally by, deleting the word “Principal” wherever it appears in the Act and substituting for it the word “Rector”. - 14 Verify source ↗
Amendment of section 2
AI-assisted research summary: This section amends section 2 of the principal Act by replacing one definition and adding several new definitions.
14. The principal Act is amended in section 2, by- (a) deleting the definition of the term “financial year” and substituting for it the following: ““financial year” shall have the meaning ascribed to it under the Budget Act; and Cap. 439 (b) adding in their appropriate alphabetical order the following definitions: ““Academic Committee” means the Committee established under section 9A; “constituent college” means a semi- autonomous institution established under section 5 to offer technical education under the tutelage of the Institute; 11 No. 12 The Writen Laws (Miscellaneous Amendments) (No. 4) Act, 2023 “designated leader” means the head of the Governing Unit of the Institute including head of the constituent college, campus director and branch manager; “governing unit” constituent includes college, campus, branch, faculty, schools, centre and directorate;”. Amendment of section 4 - 15 Verify source ↗
Amendment of section 4
AI-assisted research summary: This section amends section 4 of the principal Act.
15. The principal Act is amended in section 4, by- (a) deleting paragraph (a) and substituting for it the following: “(a) provide facilities for study and training in the principles, procedures and and techniques technology and related discipline as the Institute may decide;”; and engineering of (b) deleting the word “parastatal” appearing in paragraph (d) and substituting for it the word “private”. Amendment of section 5 - 16 Verify source ↗
Amendment of section 5
AI-assisted research summary: The Institute may establish campuses or other governing units after consulting the Minister, and the Council may appoint a designated leader for each one.
16. The principal Act is amended in section 5, by- (a) deleting the marginal note and substituting for it the following: “Governing units of Institute”; (b) deleting subsections (2), (3) and (4) and substituting for them the following: “(2) For the purposes of extending its services, the Institute may, after consultation with the Minister, establish campuses or other governing units. (3) Where the Institute establishes a campus or other governing unit pursuant to subsection (2), the Council may appoint a designated leader for the campus or such governing unit. (4) The leader appointed under subsection (3) shall serve the post for the term of five years and may be re-appointed 12 No. 12 The Writen Laws (Miscellaneous Amendments) (No. 4) Act, 2023 Amendment of section 7 Addition of sections 9A and 9B for another one term upon satisfactory performance.”; and (c) deleting subsections (5), (6) and (7). - 17 Verify source ↗
Amendment of section 7
AI-assisted research summary: This section changes section 7 of the principal Act by replacing the words “not more than ten” in paragraph (b) with “eight”.
17. The principal Act is amended in section 7 by deleting the words “not more than ten” appearing in paragraph (b) and substituting for them the word “eight”. - 18 Verify source ↗
Addition of sections 9A and 9B
AI-assisted research summary: This section amends the principal Act by inserting a new section after section 9 titled “Establishment of Academic Committee.”
18. The principal Act is amended by adding immediately after section 9 the following: “Establishment of Academic Committee - 9A Verify source ↗
(1) There shall be an
AI-assisted research summary: The Academic Committee of the Institute is made up of specified members, the council sets tenure for some members, and the Committee may co-opt other people who may attend and participate but cannot vote.
9A.-(1) There shall be an Academic Committee of the Institute which shall consist of- (a) the Rector, who shall be the Chairman; (b) the Deputy Rector Academic, for and Research Consultancy, who shall be the Vice- Chairman; (c) the Deputy Rector Planning, and for Finance Administration; (d) designated leader of governing units; (e) one representative of Students’ the Organisation; (f) one senior representative of the staff academic appointed by the Rector; (g) two from appointed by Chairman of Council; and representatives the Council the the 13 No. 12 The Writen Laws (Miscellaneous Amendments) (No. 4) Act, 2023 (h) one representative from relevant the professional bodies or corresponding institutions. (2) The council shall determine tenure of the members the Academic Committee of provided under paragraphs (e) to (h) of subsection (1). (3) The Academic Committee may co-opt any person whose presence is, in its opinion, desirable to attend and participate in a meeting of the Committee but such person shall have no right to vote - 9B Verify source ↗
(1) The Academic
AI-assisted research summary: The Academic Committee must oversee instruction, education, training, research, and consultancy in the Institute, and carry out listed academic functions.
9B.-(1) The Academic Committee shall be responsible to the Council for the control and regulation instruction, of education, training, research and consultancy in the Institute. Functions of Academic Committee (2) Without prejudice to the generality of subsection (1), the Committee shall have the following functions: (a) to approve the and carriculum academic standards of any course of study offered by the Institute; (b) to regulate the conduct of examinations of the Institute; (c) to consider academic recommendations 14 No. 12 The Writen Laws (Miscellaneous Amendments) (No. 4) Act, 2023 the Institute from boards for appropriate decision as may be determined by the council; (d) to make proposals to the on Council matters relating to the conduct the of Institute; and (e) to perform such other functions as may be conferred upon it by the Council under this Act.”. Amendment of section 10 Amendment of section 11 Amendment of section 12 - 19 Verify source ↗
Amendment of section 10
AI-assisted research summary: The Rector must serve for five years and may be re-appointed for one further term.
19. The principal Act is amended in section 10 by adding immediately after subsection (3) the following: “(4) The Rector shall serve for a term of five years and may be re-appointment for one further term.”. - 20 Verify source ↗
Amendment of section 11
AI-assisted research summary: Section 11 is amended to add a four-year term and allow one re-appointment for a further term.
20. The principal Act is amended in section 11 by adding the words “who shall serve for a term of four years and may be re-appointed for one further term” at the end of subsection (1). - 21 Verify source ↗
Amendment of section 12
AI-assisted research summary: This provision amends section 12 of the principal Act by adding a four-year term and one possible re-appointment, and by replacing subsection (2) with a new statement of the Deputy and Rector Administration’s functions.
21. The principal Act is amended in section 12, by- (a) adding the words “who shall serve for a term of four years and may be re-appointed for one further term” at the end of subsection (1); and (b) deleting subsection (2) and substituting for it the following: for Planning, Finance “(2) The functions of the Deputy and Rector Administration shall be to assist the Rector in finance and administration matters.”. respect of planning, 15 No. 12 The Writen Laws (Miscellaneous Amendments) (No. 4) Act, 2023 Amendment of section 15 - 22 Verify source ↗
Amendment of section 15
AI-assisted research summary: This section amends section 15(1) of the principal Act by replacing the words “financial controller” with “Rector”.
22. The principal Act is amended in section 15 (1) by deleting the words “financial controller” and substituting for them the word “Rector”. Amendment of section 16 Repeal and replacement of section 20 - 23 Verify source ↗
Amendment of section 16
AI-assisted research summary: This section amends section 16 by replacing a phrase about budget items with wording that makes the wording subject to relevant laws.
23. The principal Act is amended in section 16 by deleting the words “not exceeding ten million shillings to any other item contained in such budget” and substituting for them the words “to any other items contained in such budget subject to the provisions of relevant laws”. - 24 Verify source ↗
Repeal and replacement of section 20
AI-assisted research summary: This section amends the principal Act by repealing section 20 and replacing it with new text.
24. The principal Act is amended by repealing section 20 and replacing for it the following: “Fees and allowances the - 20 Verify source ↗
Amendment of section 11
AI-assisted research summary: Members of Council are entitled to fees and allowances at rates set by the relevant authority.
20. Members of Council shall be entitled to fees and allowances at such rates as may be prescribed by the relevant authority.”. Amendment of Schedule
Part
Schedule
- 25 Verify source ↗
Amendment of Schedule
AI-assisted research summary: This section amends the Schedule of the principal Act by replacing the membership list for the Council.
25. The principal Act is amended in the Schedule by deleting subparagraph (1) of paragraph 1 and substituting for it the following: “(1) Members of the Council appointed under section 7(a) of the Act shall consist of- (a) one member of senior rank knowledgeable in the Ministry technology and technology for science, from science, responsible innovation; (b) one member of senior rank knowledgeable in human resources management from the Ministry responsible for public service; (c) one member of senior rank knowledgeable in the Ministry industrial development from responsible for industries; (d) a law officer representing the Attorney General; (e) one senior academic and registered professional member for the unit engineering in a recognised higher learning institution; responsible from (f) one senior staff representing staff of the Institute; 16 No. 12 The Writen Laws (Miscellaneous Amendments) (No. 4) Act, 2023 (g) one student representing organisation at Institute; and the students’ (h) one member of senior rank experienced in entrepreneurship from the private sector.”. PART IV AMENDMENT OF THE JUDGES (REMUNERATION AND TERMINAL BENEFITS) ACT, (CAP. 424) Construction Cap. 424 - 28 Verify source ↗
Amendment of Schedule
AI-assisted research summary: This section changes a wording in the Schedule of the principal Act.
28. The principal Act is amended in the Schedule by deleting the words “once in his retirement” appearing in paragraph 10(a)(iii) and substituting for them the words “in his retirement and replaceable after every seven years”. 17 No. 12 The Writen Laws (Miscellaneous Amendments) (No. 4) Act, 2023 PART V AMENDMENT OF THE MWALIMU NYERERE MEMORIAL ACADEMY ACT, (CAP. 93) Construction Cap. 93 General amendment - 41 Verify source ↗
Amendment of Schedule
AI-assisted research summary: This section amends the Schedule to the principal Act.
41. The principal Act is amended in the Schedule- (a) in paragraph 1, by- (i) adding the words “and may be re- term” for one word after in appointed immediately “appointment” subparagraph (1); further the appearing (ii) deleting the words “and members appointed under paragraphs (e) and (i) of section 6(1) of the Act” appearing in subparagraph (2); and (iii) deleting (3) substituting for it the following: subparagraph and “(3) In case of a member appointed by virtue of his office shall cease to be a member upon ceasing to hold such office.”; and (b) by deleting paragraph 6 and substituting for it the following: “Meetings of Governing Board - 6 Verify source ↗
Amendment of section 13
AI-assisted research summary: The Governing Board must meet at least four times a year, and the Vice Chairman must convene meetings if the Chairman cannot act. The Chairman or Vice Chairman may also call a special meeting on written request from at least half the members, and the Board may review its own decisions.
6.-(1) The Governing Board shall meet at least four times a year. (2) An ordinary meeting of the Governing Board shall be convened by the the notice and Chairman specifying the place, date and time of the meeting shall be sent to each member at his usual place of business or residence. (3) the Chairman is unable to act by any reason, the Vice Chairman shall convene the meeting. Where 24 No. 12 The Writen Laws (Miscellaneous Amendments) (No. 4) Act, 2023 (4) The Chairman or, in his the Vice absence, Chairman, may, if requested in writing in that behalf by at least half of the members, convene a special meeting the Governing Board. of (5) The Governing Board may review its own decision made under this Act.”. PART VI AMENDMENT OF THE POLITICAL SERVICE RETIREMENT BENEFITS ACT, (CAP. 225) Construction Cap. 225 Addition of section 9A - 51 Verify source ↗
Amendment of Schedule
AI-assisted research summary: This section amends the Schedule to the principal Act by changing some wording, updating numbers, and adding or renumbering items in several parts.
51. The principal Act is amended in the Schedule- (a) in Part IA, by- (i) deleting the word “two” appearing in paragraph 4 and substituting for it the word “three”; (ii) deleting the word “two” appearing in paragraph 15 and substituting for it the word “three”; and (iii) adding immediately after the word “expenses” appearing in paragraph 17 the words “for him and his spouse”; (b) in Part IB, by- (i) deleting the words “one motor vehicle” and paragraph appearing in 4 27 No. 12 The Writen Laws (Miscellaneous Amendments) (No. 4) Act, 2023 substituting for them the words “two motor vehicles”; (ii) adding immediately after paragraph 4 the following: furnished house “5. A containing not three than less bedrooms of which one bedroom shall be self-contained and shall contain a servant quarter.”; (iii) renumbering paragraphs 5 to 8 as paragraphs 6 to 9 respectively; (iv) deleting subparagraph (f) of paragraph 7 as renumbered and substituting for it the following: “(f) two drivers.”; (v) adding immediately after the word “expenses” appearing in paragraph 9 as renumbered the words “for him and his spouse”; and (vi) adding immediately after paragraph 9 as renumbered the following: “10. Necessary security and other protection services to him and his residence.”; (c) in Part IC, by- (i) deleting the words “one motor vehicle” appearing and substituting for them the words “two motor vehicles”; paragraph in 4 (ii) adding immediately after paragraph 4 the following: furnished house “5. A containing not three than less bedrooms of which one bedroom shall be self-contained and shall contain a servant quarter.”; (iii) renumbering paragraphs 5 to 8 as paragraphs 6 to 9 respectively; 28 No. 12 The Writen Laws (Miscellaneous Amendments) (No. 4) Act, 2023 (iv) deleting subparagraph (f) of paragraph 7 as renumbered and substituting for it the following: “(f) two drivers.”; (v) adding immediately after the word “expenses” appearing in paragraph 9 as renumbered the words “for him and his spouse”; and (vi) adding immediately after paragraph 9 as renumbered the following: “10. Necessary security and other protection services to him and his residence.”; (d) in Part IIA, by- (i) deleting the word “forty” appearing in paragraph 2 and substituting for it the word “sixty”; (ii) deleting paragraphs 3 and 4 and substituting for them the following: “3. Medical treatment borne by the the Government within United Republic or outside United Republic after the referral by the National Hospital. - 4 Verify source ↗
Amendment of section 2
AI-assisted research summary: This amendment changes listed benefits/services, including government-provided motor vehicles, staff, and medical treatment arrangements.
4. The service of two motor vehicles to be provided by the Government of not less than 3 tonnages replaceable after every five years.”; (iii) deleting subparagraphs (a) and (b) of paragraph 5 and substituting for them the following: “(a) two drivers; (b) a gardener; (c) one cook; (d) laundryman servant.”. or domestic (iv) adding immediately after paragraph 7 the following: “8. Security.”; 29 No. 12 The Writen Laws (Miscellaneous Amendments) (No. 4) Act, 2023 (e) in Part IIB, by- (i) deleting paragraphs 3 and 4 and substituting for them the following: “3. Medical treatment borne the the Government within by United Republic or outside the United Republic after the referral by the National Hospital. - 4 Verify source ↗
Amendment of section 2
AI-assisted research summary: This provision amends earlier text by changing a government motor vehicle service to be replaceable every seven years, adding a new heading for Security, and replacing Part IIC paragraphs on government-borne medical treatment after referral by the National Hospital.
4. The service of one motor vehicle to be provided by the Government replaceable after every seven years.”; and (ii) adding immediately after paragraph 7 the following: “8. Security.”; (f) in Part IIC, by- (i) deleting paragraphs 3 and 4 and substituting for them the following: “3. Medical treatment borne by the the Government within United Republic or outside the United Republic after the referral by the National Hospital. - 4 Verify source ↗
Amendment of section 2
AI-assisted research summary: This section amends an existing provision to say one government motor vehicle is replaceable after seven years and adds a new item on security.
4. The service of one motor vehicle to be provided by the Government replaceable after every seven years.”; and (ii) adding immediately after paragraph 7 the following: “8. Security.”. (g) in Part IIE, by- (i) deleting paragraph 2 and substituting for it the following: “2. One motor vehicle replaceable after seven years.”; (ii) adding immediately after paragraph 6 the following: “7. Security. - 9 Verify source ↗
Addition of section 18A
AI-assisted research summary: This section is headed “Use of VIP lounge” and shows a citation to the Writen Laws (Miscellaneous Amendments) (No. 4) Act, 2023.
9. Use of VIP lounge. 30 No. 12 The Writen Laws (Miscellaneous Amendments) (No. 4) Act, 2023 - 10 Verify source ↗
Amendment of section 19
AI-assisted research summary: The amendment adds health insurance for him and his spouse, and a motor vehicle to be granted once and maintained by himself.
10. Health insurance to him and his spouse.”; and (h) in Part IIF, by adding immediately after paragraph 2 the following: “3. One motor vehicle to be granted once and which shall be maintained by himself. - 5 Verify source ↗
Amendment of section 8
AI-assisted research summary: This section appears to amend the Public Service Act (Cap. 298).
5. Health insurance to himself.”. PART VII AMENDMENT OF THE PUBLIC SERVICE ACT, (CAP. 298) Construction Cap. 298
Part
PART IV
- 26 Verify source ↗
Construction
AI-assisted research summary: This section says this Part must be read together with the Judges (Remuneration and Terminal Benefits) Act, called the principal Act.
26. This Part shall be read as one with the Judges (Remuneration and Terminal Benefits) Act, hereinafter referred to as the “principal Act”. Addition of section 10A - 27 Verify source ↗
Addition of section 10A
AI-assisted research summary: This section amends the principal Act by inserting new text after section 10.
27. The principal Act is amended by adding immediately after section 10 the following: “Farewell ceremony - 10A Verify source ↗
(1) The Judiciary
AI-assisted research summary: The Judiciary must hold a farewell ceremony when certain judges retire, and the Chief Justice must make rules for how it is conducted.
10A.-(1) The Judiciary shall, where the Chief Justice, Justice of Appeal, Principal Judge or Judge retires, hold a farewell ceremony such retiree: to Provided such ceremony shall be held once in calendar year. that, (2) The expenses of the farewell ceremony under this section shall be borne by the Judiciary Fund. (3) The Chief Justice shall make rules prescribing the manner for conducting farewell ceremony under this section.”. and procedure the Amendment of Schedule
Part
PART V
- 29 Verify source ↗
Construction
AI-assisted research summary: This section says Part 29 must be read together with the Mwalimu Nyerere Memorial Academy Act, which is called the principal Act.
29. This Part shall be read as one with the Mwalimu Nyerere Memorial Academy Act, hereinafter referred to as the “principal Act”. - 30 Verify source ↗
General amendment
AI-assisted research summary: This provision updates the Act by replacing the titles “Principal” and “Deputy Principal” with “Rector” and “Deputy Rector” wherever they appear.
30. The principal Act is amended generally by deleting the titles “Principal” and “Deputy Principal” wherever they appear in the Act and substituting for them the titles “Rector” and “Deputy Rector” respectively. Amendment of section 2 - 31 Verify source ↗
Amendment of section 2
AI-assisted research summary: Section 2 of the principal Act is amended by deleting the definition of “Registrar” and adding new definitions for “Authority,” “branch,” “campus,” “department,” and “faculty.”
31. The principal Act is amended in section 2, by- (a) deleting the definition of the term “Registrar”; and (b) inserting in their appropriate alphabetical order the following definitions: ““Authority” means regulatory authority responsible for the accreditation of the Academy; “branch” means a non-autonomous governance unit within the Academy or Campus established by a legal instrument of the Academy; “campus” means non-autonomous governance unit of the Academy established within or outside the proximity of the Academy and it may be established in respect of an autonomous center; “department” means a non-autonomous governance unit within a campus, school, faculty or directorate; a “faculty” means non-autonomous governing unit established for the purpose the department’s undertakings relating to a specific discipline;”. overseeing of 18 No. 12 The Writen Laws (Miscellaneous Amendments) (No. 4) Act, 2023 Amendment of section 4 Repeal and replacement of section 5 - 32 Verify source ↗
Amendment of section 4
AI-assisted research summary: This section amends section 4 by replacing the phrase “National Council for Technical and Vocational Education and Training” in paragraph (f) with “Authority”.
32. The principal Act is amended in section 4 by deleting the words “National Council for Technical and Vocational Education and Training” appearing in paragraph (f) and substituting for them the word “Authority”. - 33 Verify source ↗
Repeal and replacement of section 5
AI-assisted research summary: This provision repeals section 5 of the principal Act and replaces it with new text.
33. The principal Act is amended by repealing section 5 and replacing for it the following: “Establishment of campuses, branches, centres and departments its services - 5 Verify source ↗
Amendment of section 8
AI-assisted research summary: The Academy may establish campuses, branches and centres in Mainland Tanzania and Tanzania Zanzibar, and the Governing Board may establish directorates, faculties and departments for their effective operation.
5.-(1) For purposes of extending in accordance with its objects, the establish may Academy campuses, branches and centres in Mainland Tanzania and Tanzania Zanzibar as may be required. of administration (2) For purposes of facilitating effective operation the and campuses, branches or centres, the Governing Board may establish directorates, faculties to and departments guidelines the Authority.”. subject by issued Amendment of section 6 - 34 Verify source ↗
Amendment of section 6
AI-assisted research summary: Section 34 amends section 6 so the Academy must have a Governing Board made up of the listed members, including a Chairman appointed by the President.
34. The principal Act is amended in section 6 by deleting subsection (1) and substituting for it the following: “(1) There shall be a Governing Board of the Academy which shall consist of- (a) Chairman who shall be appointed by the President; (b) one member representing the Ministry responsible for higher education; (c) one member representing the Ministry of Finance; (d) one member representing the Workers’ Council other than members of the Management Team; 19 No. 12 The Writen Laws (Miscellaneous Amendments) (No. 4) Act, 2023 (e) one member representing public higher learning institutions; (f) a Law Officer from the Office of the Attorney General; (g) one member representing the Academic Staff Assembly at the Academy; (h) the president of the students’ organisation; and (i) one member Revolutionary Zanzibar.”. representing Government the of Amendment of section 7 - 35 Verify source ↗
Amendment of section 7
AI-assisted research summary: This section amends section 7 of the principal Act and gives the Governing Board power to direct the Academy’s Management or write to the Minister recommending necessary management measures.
35. The principal Act is amended in section 7- (a) in subsection (1), by deleting the word “Council” appearing in paragraph (k) and substituting for it the words “Governing Board”; and (b) by adding immediately after subsection (3) the following: “(4) In the execution of the powers and duties conferred upon it under this Act, the Governing Board may direct the Management of the Academy or recommend in writing to the Minister such necessary measures to be taken for the management, safeguarding administration and best interests of the Academy.”. purposes of Amendment of section 8 - 36 Verify source ↗
Amendment of section 8
AI-assisted research summary: This section amends section 8 of the principal Act and requires the Governing Board to make guidelines about the Search Committee and appointing other leaders not covered by the Academy’s organisational structure.
36. The principal Act is amended in section 8, by- (a) adding the words “the Deputy Rectors and other leaders as defined in the organisational structure of the Academy” at the end of subsection (1); and (b) adding immediately after subsection (2) the following: “(3) For the purpose of subsection the Governing Board shall make (1), guidelines governing the composition, procedures for the Search Committee and for the procedures of appointing other leaders who are not provided under the Academy’s organisational structure.”. 20 No. 12 The Writen Laws (Miscellaneous Amendments) (No. 4) Act, 2023 Amendment of section 9 - 37 Verify source ↗
Amendment of section 9
AI-assisted research summary: The Academic Committee’s membership is replaced with a detailed list of office holders, and the Committee may co-opt additional members who cannot vote.
37. The principal Act is amended in section 9- (a) by deleting subsection (1) and substituting for it the following: “(1) There shall be an the Academic Committee Academy which shall consist of- for (a) the Rector, who shall be the Chairman; (b) Deputy Rector responsible for planning, and finance administration; (c) Directors responsible for academic, research and consultancy; (d) two representatives of the Students Organisation; (e) Dean of Students; (f) one representative from the College, School or faculty of Social Sciences of accredited University; (g) one representative from the Ministry responsible for higher education; (h) one representative from the Governing Board; (i) the Head of Quality Assurance Unit; (j) Campus Directors and Deputy Campus Directors responsible for academic matters; (k) Head of Legal Unit; (l) Deans of faculties; (m) Head of Information and Communication Technology Unit; 21 No. 12 The Writen Laws (Miscellaneous Amendments) (No. 4) Act, 2023 (n) one member representing staff academic the at the assembly Academy; and (o) the Deputy Rector responsible for academic, research and consultancy the who Secretary the Committee.”. shall be to (b) in subsection (2), by deleting the words “minimum and maximum number of members and the”; and (c) by adding immediately after subsection (2) the following: “(3) Academic The Committee may co-opt any member provided that such co-opted member shall have no right to vote.”. Repeal and replacement of section 12 - 38 Verify source ↗
Repeal and replacement of section 12
AI-assisted research summary: This section repeals section 12 of the principal Act and replaces it with new text titled “Appointment of Deputy Rectors.”
38. The principal Act is amended by repealing section 12 and replacing for it the following: “Appointment of Deputy Rectors 22 - 12 Verify source ↗
Construction
AI-assisted research summary: The Governing Board may appoint Deputy Rectors under Authority-set criteria, and Deputy Rectors serve four-year terms with the possibility of one reappointment if performance is satisfactory.
12.-(1) Subject to the criteria set out by the Authority, the Governing Board may, on such terms and conditions as it may determine, appoint Deputy Rectors. (2) The Deputy Rector academic, for responsible research and consultancy shall, where the Rector is unable to perform functions by reason of illness, infirmity or absence from the Academy, act as the Rector and in absence of both, Rector and Deputy Rector responsible for academic, research and consultancy, the Deputy Rector responsible for planning, finance No. 12 The Writen Laws (Miscellaneous Amendments) (No. 4) Act, 2023 and administration shall act as the Rector. (3) The Deputy Rectors shall each hold office for a term of four years and may, on satisfactory performance, be re- appointed for one further term.”. Repeal and replacement of section 13 - 39 Verify source ↗
Repeal and replacement of section 13
AI-assisted research summary: This provision amends the principal Act by repealing section 13 and replacing it with new text titled “Duties of Deputy Rectors”.
39. The principal Act is amended by repealing section 13 and replacing for it the following: “Duties of Deputy Rectors - 13 Verify source ↗
General amendments
AI-assisted research summary: The section sets out two Deputy Rector roles and says each must assist the Rector in specified matters and carry out other functions the Rector assigns.
13.-(1) The Deputy Rector responsible for academic, research and consultancy shall- in (a) be the principal assistant and chief advisor to the all matters Rector pertaining to academic, research and consultancy; and (b) perform other functions as conferred upon him by the Rector. such for and (2) The Deputy Rector planning, administration responsible finance shall- (a) be the principal assistant to the Rector in all matters pertaining to planning, finance and administration of the Academy; and (b) perform such other functions as conferred upon him by the Rector.”. Repeal and replacement of section 20 - 40 Verify source ↗
Repeal and replacement of section 20
AI-assisted research summary: This section repeals section 20 of the principal Act and replaces it with new text starting with “Fees and allowances.”
40. The principal Act is amended by repealing section 20 and replacing for it the following: “Fees and allowances - 20 Verify source ↗
Amendment of section 11
AI-assisted research summary: Members of the Governing Board are entitled to fees and allowances at rates set by the relevant authority.
20. Members of the Governing Board shall be entitled to fees and allowances 23 No. 12 The Writen Laws (Miscellaneous Amendments) (No. 4) Act, 2023 at such rates as may be prescribed by relevant authority.”. the Amendment of Schedule
Part
PART VI
- 42 Verify source ↗
Construction
AI-assisted research summary: This section says this Part must be read together with the Political Service Retirement Benefits Act, which it calls the principal Act.
42. This Part shall be read as one with the Political Service Retirement Benefits Act, hereinafter referred to as the “principal Act”. - 43 Verify source ↗
Addition of section 9A
AI-assisted research summary: This section amends the principal Act by adding a new provision after section 9 concerning ex-gratia to the spouse of a former President.
43. The principal Act is amended by adding immediately after section 9 the following: “Ex-gratia to spouse of former President leader - 9A Verify source ↗
Where a
AI-assisted research summary: When a President leaves office, the President’s spouse must be granted an ex-gratia payment equal to 25% of the salaries the President received while in office.
9A. Where a who held the Office of the President ceases to hold office, his spouse shall be granted an ex-gratia of the sum equal to twenty-five percent of the total sum received by him as salaries when he was in office.”. Amendment of section 11 - 44 Verify source ↗
Amendment of section 11
AI-assisted research summary: This section amends section 11 so that paragraph (a) provides for a monthly survivor’s pension equal to 60% of the incumbent President’s salary.
44. The principal Act is amended in section 11 by deleting paragraph (a) and substituting for it the following: “(a) survivor’s pension granted monthly of a sum equal to sixty percent of the salary of the incumbent President; and”. Addition of section 12A - 45 Verify source ↗
Addition of section 12A
AI-assisted research summary: This provision amends the principal Act by inserting new text after section 12.
45. The principal Act is amended by adding immediately after section 12 the following: 25 No. 12 The Writen Laws (Miscellaneous Amendments) (No. 4) Act, 2023 Repeal and replacement of section 13 “Ex-gratia to spouse of former Vice- President - 12A Verify source ↗
Where a leader
AI-assisted research summary: When a former Vice-President stops holding office, his spouse must be granted an ex-gratia payment equal to 25% of the salaries he received while in office.
12A. Where a leader who held the Office of the Vice-President ceases to hold office, his spouse shall be granted an ex-gratia of the sum equal to twenty-five percent of the total sum received by him as salaries when he was in office.”. - 46 Verify source ↗
Repeal and replacement of section 13
AI-assisted research summary: This section repeals section 13 of the principal Act and replaces it with new text beginning “Grant of ex-gratia to dependants of former Vice-President...”.
46. The principal Act is amended by repealing section 13 and replacing for it the following: “Grant of ex- gratia to dependants of former Vice- President to him, - 13 Verify source ↗
General amendments
AI-assisted research summary: An appropriate authority must grant specified death benefits to a Vice-President’s dependants, widow, or widower.
13.-(1) Where the Vice- President dies in office or where he dies after ceasing to hold office but before benefits the are granted appropriate shall grant to his dependants an ex- gratia which shall be equal to the total sum received by him as salaries when he was in office. authority (2) Where the former Vice-President dies, his widow or widower shall be granted by an appropriate authority- the (a) survivor’s pension granted monthly of a sum equal to forty percent of the salary of incumbent Vice-President; and (b) other benefits as stipulated in Part II of the Schedule to this Act.”. Amendment of section 14 - 47 Verify source ↗
Amendment of section 14
AI-assisted research summary: A person who became a former Prime Minister before this Act commenced is entitled to one personal assistant.
47. The principal Act is amended in section 14 by adding immediately after subsection (3) the following: 26 No. 12 The Writen Laws (Miscellaneous Amendments) (No. 4) Act, 2023 “(4) Notwithstanding the provisions of this section, a person who, prior to the commencement of this Act, became a former Prime Minister shall be entitled to one personal assistant.”. Addition of section 14A - 48 Verify source ↗
Addition of section 14A
AI-assisted research summary: This section amends the principal Act by inserting a new provision titled “Grant of ex-gratia to spouse of former Prime Minister.”
48. The principal Act is amended by adding immediately after section 14 the following: “Grant of ex- gratia to spouse of former Prime Minister - 14A Verify source ↗
Where a leader
AI-assisted research summary: When a former Prime Minister leaves office, his spouse is entitled to an ex-gratia payment equal to 25% of the total salaries he received while in office.
14A. Where a leader who held the Office of the Prime Minister ceases to hold office, his spouse shall be granted an ex-gratia of the sum equal to twenty-five percent of the total sum received by him as salaries when he was in office.”. Amendment of section 15 Amendment of section 18 - 49 Verify source ↗
Amendment of section 15
AI-assisted research summary: This section amends section 15(2) of the principal Act by adding the words “granted monthly” after “pension” in paragraph (a).
49. The principal Act is amended in section 15(2) by adding the words “granted monthly” immediately after the word “pension” appearing in paragraph (a). - 50 Verify source ↗
Amendment of section 18
AI-assisted research summary: This section amends section 18(2) of the principal Act by inserting the words “granted monthly” after “pension” in paragraph (a).
50. The principal Act is amended in section 18(2) by adding the words “granted monthly” immediately after the word “pension” appearing in paragraph (a). Amendment of Schedule
Part
PART VII
- 52 Verify source ↗
Construction
AI-assisted research summary: This Part must be read together with the Public Service Act, which is called the principal Act here.
52. This Part shall be read as one with the Public Service Act, hereinafter referred to as the “principal Act”. Amendment of section 25A by- - 53 Verify source ↗
Amendment of section 25A
AI-assisted research summary: This section amends section 25A to require certain spouses in the Service to retire immediately when the relevant office-holder is sworn in.
53. The principal Act is amended in section 25A, (a) adding immediately after subsection (2) the following: “(3) Notwithstanding subsection (1), a spouse of the President elect, Vice- President elect or the appointed Prime Minister holding office in the Service shall retire immediately from the Service from the date the President, Vice-President or Prime Minister has been sworn in Office.”; and (b) renumbering subsection (3) as subsection (4). Amendment of section 26 - 54 Verify source ↗
Amendment of section 26
AI-assisted research summary: If the former Chief Secretary dies, the appropriate authority must grant the widow or widower a monthly pension equal to 40% of the incumbent Chief Secretary’s salary.
54. The principal Act is amended in section 26, by- (a) adding immediately after subsection (2) the following: “(3) Where the former Chief Secretary dies, his widow or widower shall be granted by an appropriate authority a pension granted monthly of a sum equal to forty percent of the salary of the incumbent Chief Secretary.”; and (b) renumbering subsection (3) as subsection (4). 31 No. 12 The Writen Laws (Miscellaneous Amendments) (No. 4) Act, 2023 PART VIII AMENDMENT OF THE SMALL INDUSTRIES DEVELOPMENT ORGANISATION ACT, (CAP. 112) Construction Cap. 112 Amendment of section 2
Part
PART VIII
- 55 Verify source ↗
Construction
AI-assisted research summary: This Part must be read together with the Small Industries Development Organisation Act.
55. This Part shall be read as one with the Small Industries Development Organisation Act, hereinafter referred to as the “principal Act”. - 56 Verify source ↗
Amendment of section 2
AI-assisted research summary: This section adds definitions for industry or enterprise, medium industry or enterprise, micro industry or enterprise, and small industry or enterprise.
56. The principal Act is amended in section 2 by inserting in their appropriate alphabetical order the following definitions: ““industry or enterprise” means any going concern by group of persons, an individual or entity which trades in, or produces goods or services for profit; “medium industry or enterprise” means any industry or enterprise employing between fifty and ninety nine people or with capital investment from two hundred million shillings to eight hundred million shillings; “micro industry or enterprise” means any industry or enterprise engaging up to four people or employing capital five million to amounting up shillings; “small industry or enterprise” means any industry or enterprise engaging five to forty nine people or with capital investment five million shillings to two hundred million shillings.”. from Amendment of section 5 - 57 Verify source ↗
Amendment of section 5
AI-assisted research summary: This provision amends section 5 of the principal Act by expanding references from “small” to “micro, small and medium,” adding “trainings and” before “promote,” inserting two new purposes, and renaming paragraphs.
57. The principal Act is amended in section 5, by- (a) deleting the word “small” wherever it appears in that section and substituting for it the words “micro, small and medium”; 32 No. 12 The Writen Laws (Miscellaneous Amendments) (No. 4) Act, 2023 (b) adding the words “trainings and” immediately in the word “promote” appearing after paragraph (i); Repeal and replacement of section 6 (c) adding immediately after paragraph (j) the following: “(k) to co-ordinate and supervise business development service providers for micro, small and medium industries or enterprises; (l) to lend or advance money to any person, corporation, company, association, institution or group of persons engaged in micro, small and medium industry or enterprise;”; and (d) renaming paragraphs (k) and (l) as paragraphs (m) and (n) respectively. - 58 Verify source ↗
Repeal and replacement of section 6
AI-assisted research summary: This provision repeals section 6 of the principal Act and replaces it with new text.
58. The principal Act is amended by repealing section 6 and replacing for it the following: - 6 Verify source ↗
Amendment of section 13
AI-assisted research summary: The Board of Directors has control of the Organization and may carry out listed management functions.
6.-(1) Subject to the provisions of this Act, the management and control of the Organization shall vest in the Board of Directors. (2) Without prejudice to the generality of subsection (1), the Board of Directors shall have powers to- (a) administer the properties of Organisation, both movable and immovable; (b) approve the annual budget financial and annual financial statements of the Organisation; (c) approve Organisation “Power Board of 33 No. 12 The Writen Laws (Miscellaneous Amendments) (No. 4) Act, 2023 Plan, Strategic Policy Guidelines and Procedures relating to aims and the objectives of Organisation; (d) review and the supervise performance of the Organisation; (e) ensure the Act, and regulations rules made thereunder are duly observed; (f) constitute such it committees as deem may or necessary expedient to assist the Board in the performance of its functions; (g) appoint officers of the Organisation it may which consider necessary; and (h) perform all other things and acts which may be provided for in this Act or as may be or necessary expedient for the proper discharge of the functions of the Organisation.”. 34 No. 12 The Writen Laws (Miscellaneous Amendments) (No. 4) Act, 2023 Amendment of section 7 - 59 Verify source ↗
Amendment of section 7
AI-assisted research summary: This provision amends section 7 of the principal Act by inserting the words “the Board” and part of section 14 wording.
59. The principal Act is amended in section 7 by adding the Board” immediately after the word “organisation” appearing at the end of subsection (1). the words “and Secretary to Amendment of section 14 by- - 60 Verify source ↗
Amendment of section 14
AI-assisted research summary: This section amends section 14(8) of the principal Act by deleting paragraph (b) and renaming paragraph (c) as paragraph (b).
60. The principal Act is amended in section 14(8), (a) deleting paragraph (b); and (b) renaming paragraph (c) as paragraph (b). Addition of section 20 - 61 Verify source ↗
Addition of section 20
AI-assisted research summary: The principal Act is amended by adding a new section immediately after section 19.
61. The principal Act is amended by adding immediately after section 19 the following: - 20 Verify source ↗
Amendment of section 11
AI-assisted research summary: The Minister may make regulations to carry out this Act and may cover recognition, procedures, training, fees, and other prescribed matters.
20.-(1) The Minister may make regulations for the the better carrying out of provisions and purposes of this Act. (2) Without prejudice to the generality of subsection (1), the regulations may provide for- (a) recognition of private persons or institutions business providing development services for micro, small and medium industries or enterprises; (b) manner and procedures recognition, for nurturing and developing micro, small and medium industry or enterprise; (c) manner and procedures for trainings; (d) matters in respect of which fees and other charges shall be payable; and “Power to make regulations 35 No. 12 The Writen Laws (Miscellaneous Amendments) (No. 4) Act, 2023 (e) prescribing any other thing which under this Act is required or permitted to be prescribed.”. PART IX AMENDMENT OF THE TANZANIA TRADE DEVELOPMENT AUTHORITY ACT, (CAP. 155) Construction Cap. 155
Part
PART IX
- 62 Verify source ↗
Construction
AI-assisted research summary: This section says this Part must be read together with the Tanzania Trade Development Authority Act, which is called the principal Act.
62. This Part shall be read as one with the Tanzania Trade Development Authority Act, hereinafter referred to as “the principal Act”. Amendment of section 3 - 63 Verify source ↗
Amendment of section 3
AI-assisted research summary: This section amends section 3 to add a definition of “trade promotional events.”
63. The principal Act is amended in section 3 by adding in its appropriate alphabetical order the following definition: ““trade promotional events” means trade fair or exhibition, buyer-sellers meetings and trade missions, expos, festivals, trade fora and other related activities but does not include events organised for non- commercial purposes;”. Amendment of section 5 by- - 64 Verify source ↗
Amendment of section 5
AI-assisted research summary: This section amends section 5(1) of the principal Act by adding words in one paragraph and replacing words in another.
64. The principal Act is amended in section 5(1), (a) adding the words “national branding and other” “through” the word immediately appearing in paragraph (g); and after (b) deleting the words “international trade fair exhibition” appearing in paragraph (p) and substituting for them the words “local or trade international promotional events”. trade fairs and other Amendment of section 20 - 65 Verify source ↗
Amendment of section 20
AI-assisted research summary: This provision amends section 20 of the principal Act by inserting “and Board of Internal Trade” after the word “Trade”.
65. The principal Act is amended in section 20 by the words “and Board of Internal Trade" adding immediately after the word “Trade”. 36 No. 12 The Writen Laws (Miscellaneous Amendments) (No. 4) Act, 2023 Addittion of section 23A - 66 Verify source ↗
Addition of section 23A
AI-assisted research summary: This section amends the principal Act by adding a new provision about authorisation for trade promotional events.
66. The principal Act is amended by adding immediately after section 23 the following: “Authorisation of trade promotional events any organise - 23A Verify source ↗
(1) A person,
AI-assisted research summary: A person, organisation, or institution must not trade a promotional event without authorisation from the Authority.
23A.-(1) A person, organisation or institution shall trade not promotional event without authorisation of the Authority. (2) The procedure for authorisation trade of promotional events shall be as prescribed in the regulations. (3) A person, organisation or institution- (a) organising from trade event promotional without authorisation or permit the Authority, commits an upon and offence conviction be liable to a fine of two thousand US Dollars for trade international promotional event or two million shillings for local trade promotional events; shall (b) that breaches any terms and of conditions authorisation or permit issued by the Authority, commits an offence and upon conviction shall be liable to a fine of one thousand US Dollars for international trade promotional events or one million shillings for local trade promotional events.”. 37 No. 12 The Writen Laws (Miscellaneous Amendments) (No. 4) Act, 2023 Addition of section 24A - 67 Verify source ↗
Addition of section 24A
AI-assisted research summary: This section adds a new section titled “Compounding of offences” after section 24.
67. The principal Act is amended by adding immediately after section 24 the following: “Compounding of offences - 24A Verify source ↗
(1) Notwithstanding the
AI-assisted research summary: The Director General or an authorised officer may compound certain offences before court proceedings start if the person admits the offence in writing, and may order payment of a sum up to half the fine. If the order is not complied with, interest may be added and the order enforced like a court decree.
24A.-(1) Notwithstanding the provisions of this Act relating to penalties, where a person admits in writing that he has committed an offence under this Act, the Director General or any officer authorised by him in writing may, subject to the regulations made under this Act at any time prior to the commencement of the proceedings by a court of competent jurisdiction, compound such offence and order such person to pay a sum of money not exceeding one half of the amount of the fine to which such person would otherwise have been liable to pay if he had been convicted of such offence. (2) Where a person fails to comply with the compounding order issued under this section within the prescribed period, the Director General or an officer authorised by him may, in addition to the sum ordered, require the person to pay an interest at the rate prescribed in the regulations. (3) Where a person fails to comply with subsection (2), the Director General may enforce the compounding order and interest accrued thereof in the same manner as a decree of a court. (4) The Director General shall report of all submit quarterly compounded offences under this section to the Director of Public Prosecutions. 38 No. 12 The Writen Laws (Miscellaneous Amendments) (No. 4) Act, 2023 (5) Moneys charged under this section shall be paid into the Consolidated Fund the Government Electronic Payment System. through (6) Where an offence is compounded in accordance with subsection (1) and proceedings are brought against the offender for the same offence, it shall be a good defence for the offender to prove to the satisfaction of the court that the offence with which the offender is charged has been compounded under subsection (1). (7) The sum to be charged for every compoundable offence, forms and manner of compounding of offences shall be as prescribed in the regulations made under this Act.”. PART X AMENDMENT OF THE TOWNS PLANNERS (REGISTRATION) ACT, (CAP. 426) Construction Cap. 426
Part
PART X
- 68 Verify source ↗
Construction
AI-assisted research summary: This section says this Part must be read together with the Town Planners (Registration) Act.
68. This Part shall be read as one with the Town Planners (Registration) Act, hereinafter referred to as the “principal Act”. Addition of section 10A - 69 Verify source ↗
Addition of section 10A
AI-assisted research summary: This section amends the principal Act by inserting a new section 10A immediately after section 10.
69. The principal Act is amended by adding immediately after section 10 the following: - 10A Verify source ↗
Registration of
AI-assisted research summary: Town planner registration is organized into four categories.
10A. Registration of town planners shall be based on the following categories: (a) consulting planners; town (b) fully registered town planners; “Categories of town planners 39 No. 12 The Writen Laws (Miscellaneous Amendments) (No. 4) Act, 2023 (c) graduate town planners; and (d) technician planners.”. town Amendment of section 11 - 70 Verify source ↗
Amendment of section 11
AI-assisted research summary: Section 11 is amended so that a person may be eligible to register as a town planner after applying to the Board in the prescribed way and paying the prescribed fees.
70. The principal Act is amended in section 11, by- (a) deleting the words “qualifications for” appearing in the marginal notes; (b) deleting subsection (1) and substituting for it the following: “(1) Subject to the provisions of this Act, a person shall be eligible for registration as a town planner on making an application to the Board in the prescribed manner and upon payment of the prescribed fees.”; and (c) deleting the words “subsection (1)” appearing in subsection (2) and substituting for them the words “this Act”. Addittion of sections 11A, 11B, 11C and 11D - 71 Verify source ↗
Addittion of sections 11A, 11B, 11C, and 11D
AI-assisted research summary: This section amends the principal Act by adding new sections after section 11, including a heading for registration of consulting town planners.
71. The principal Act is amended by adding immediately after section 11 the following: “Registration of consulting town planner - 11A Verify source ↗
A person may
AI-assisted research summary: A person may be registered if the Board is satisfied that the person meets the stated citizenship, experience, integrity, conviction, and CPD-point requirements.
11A. A person may be registered as a consulting after planner town satisfying the Board that he- (a) is a citizen of Tanzania; (b) has a practical experience as a fully registered town planner for a period of not less ten than years; (c) has proven and intergrity professionalis; (d) has not been convicted with tax fraud, and evasion 40 No. 12 The Writen Laws (Miscellaneous Amendments) (No. 4) Act, 2023 other misconducts; and (e) has accumulated required a number of points from continuous professional development as may be prescribed in the regulations. Registration of fully registered town planner - 11B Verify source ↗
A person may be
AI-assisted research summary: A person may be fully registered as a registered town planner only after satisfying the Board’s qualification requirements.
11B. A person may be fully as registered registered town planner after satisfying the Board that he- (a) is a citizen of a Tanzania; (b) has a first degree in town planning or its equivalent from a recognised higher learning institution; (c) has a practical experience of not three less than years under supervision of a fully registered town planner; (d) has accumulated required a number of points from continuous professional development as be may 41 No. 12 The Writen Laws (Miscellaneous Amendments) (No. 4) Act, 2023 prescribed regulations; in (e) has been not convicted of fraud, tax evasion and other misconduct; and (f) has passed an examination set by the Board. Registration of graduate town planner - 11C Verify source ↗
A person may
AI-assisted research summary: A person may be registered as a graduate town planner if the Board is satisfied they are a Tanzanian citizen, have the required planning qualification, and meet any additional Board requirements.
11C. A person may be registered as a graduate town planner after satisfying the Board that he- (a) is a citizen of Tanzania; (b) has a first degree town a in planning or its equivalent from a recognised higher learning institution; and complied any (c) has with additional requirements as may be specified by the Board. A (2) person registered under this section shall work under supervision of a fully registered town planner. Registration of technician town planner - 11D Verify source ↗
A person may
AI-assisted research summary: A person may be registered as a technician town planner if the Board is satisfied that the person is a Tanzanian citizen, has the required town-planning training and qualification, and has passed the Board’s examination.
11D. A person may be registered as a technician town planner after satisfying the Board that he- 42 No. 12 The Writen Laws (Miscellaneous Amendments) (No. 4) Act, 2023 (a) is a citizen of Tanzania; (b) has attended training in town and planning been awarded National Technical level 6, Diploma or Full Technician Certificate; and (c) has passed an examination set by the Board.”. Amendment of section 12 by- - 72 Verify source ↗
Amendment of section 12
AI-assisted research summary: This section amends section 12(1) of the principal Act by adding wording in paragraph (c) and in the closing phrase.
72. The principal Act is amended in section 12(1), (a) adding the words registered” immediately before the word “town” appearing in paragraph (c); and “fully (b) adding the words “for the duration of the specific assignment” after the word “planner” appearing in the closing phrase. Repeal of section 13 Addition of section 24A - 73 Verify source ↗
Repeal of section 13
AI-assisted research summary: This section repeals section 13 of the principal Act.
73. The principal Act is amended by repealing section 13. - 74 Verify source ↗
Addition of section 24A
AI-assisted research summary: This section amends the principal Act by inserting a new section 24A after section 24, titled "Registration of town planning projects town".
74. The principal Act is amended by adding immediately after section 24 the following: “Registration of town planning projects town - 24A Verify source ↗
(1) A
AI-assisted research summary: A planner or town planning firm must register each town planning project with the Board before starting it, after paying prescribed fees.
24A.-(1) A planner or town planning firm shall, upon payment of prescribed fees and before town any undertaking planning project, register such project to the Board. (2) Subject to subsection (1), the nature, size or the project to be registered shall threshold of 43 No. 12 The Writen Laws (Miscellaneous Amendments) (No. 4) Act, 2023 Amendment of section 31 by- Amendment of First Schedule prescribed be regulations. in the (3) The Registrar shall keep a register of town planning projects registered under subsection (1).”. - 75 Verify source ↗
Amendment of section 31
AI-assisted research summary: This section changes section 31(2) by adding new paragraphs about town planner registration procedures and the activities each category of registered town planner may carry out, and by renumbering later paragraphs.
75. The principal Act is amended in section 31(2), (a) adding immediately after paragraph (c) the following: “(d) procedures for application to be registered as a town planner; (e) town planning activities to be carried out by each category of registered town planner;”; and (b) renaming paragraphs (d) and (e) as paragraphs (f) and (g) respectively. - 76 Verify source ↗
Amendment of First Schedule
AI-assisted research summary: This section amends the First Schedule of the principal Act by changing wording, numbers, and listed members.
76. The principal Act is amended in the First Schedule- (a) in paragraph 1, by- (i) deleting the words “Town Planners Association of Tanzania” appearing in item (b) and (f) and substituting for registered the words them association of town planners”; “a (ii) deleting the words “three persons” appearing (c) and in paragraph substituting for them the words “one person”; and (iii) adding immediately after item (d) the following: “(e) one qualified human resource officer nominated from the Ministry responsible for public service; (f) an accountant specialised in the finance nominated by 44 No. 12 The Writen Laws (Miscellaneous Amendments) (No. 4) Act, 2023 National Board of Accountants and Auditors;”; and (iv) renaming paragraphs (e) and (f) as paragraphs (g) and (h) respectively; and (b) in paragraph 2(2), by- (i) deleting the words “Town Planners Association of Tanzania” appearing in item (a) and substituting for them the words “a registered association of town planners”; and (ii) deleting item (b) and substituting for it the following: “(b) if he ceases to hold the office upon which he was appointed to be a member;”. PART XI AMENDMENT OF THE WEIGHTS AND MEASURES ACT, (CAP. 340) Construction Cap. 340 General amendment Amendment of section 2
Part
PART XI
- 77 Verify source ↗
Construction
AI-assisted research summary: This section says Part 77 must be read together with the Weights and Measures Act, called the principal Act.
77. This Part shall be read as one with the Weights and Measures Act, hereinafter referred to as the “principal Act”. - 78 Verify source ↗
General amendment
AI-assisted research summary: This section changes the wording of the principal Act by replacing “for use for trade” with “for trade use” wherever that phrase appears.
78. The principal Act is amended generally by deleting the words “for use for trade” wherever they appear in the Act and substituting for them the words “for trade use”. - 79 Verify source ↗
Amendment of section 2
AI-assisted research summary: This section amends several definitions in section 2(1) of the principal Act.
79. The principal Act is amended in section 2(1)- (a) in the definition of the term “approved pattern”, the word “Minister” and by deleting substituting for it the word “Commissioner”; (b) in the definition of the word “premises”, by deleting the word “ship” and substituting for it the words “marine vessel, wagon”; 45 No. 12 The Writen Laws (Miscellaneous Amendments) (No. 4) Act, 2023 (c) in the definition of the word “trade”, by adding immediately after paragraph (c) the following proviso: “Provided that, paragraphs (b) and (c) shall apply to a measuring instrument which is subject to legal metrology;”; (d) by deleting terms the definition of instrument”, “measuring “inspector”, “measuring system”, and “quantity” and substituting for them the following: the ““inspector” means the weights and measures officer appointed under section 14(2) and the Commissioner; includes “measuring instrument” means any device used or intended to be used to make measurements, in conjunction with one or more supplementary devices and includes a measuring system; alone or “measuring system” means one or more measuring used independently or in conjunction with other devices not subject to legal metrology control; instruments “quantity” includes any measurement of mass, length, time, number, electric current, thermodynamic temperature, amount of substance and luminous intensity;”; and (e) by adding in its appropriate alphabetical order, the following definition: ““testing” means comparison with appropriate standards to determine of metrological measuring or measuring systems or pre-packed goods according to a given procedure;”. characteristics instruments 46 No. 12 The Writen Laws (Miscellaneous Amendments) (No. 4) Act, 2023 Amendment of section 5 Amendment of section 6 Repeal and replacement of section 7 Repeal and replacement of section 8 Amendment of section 9 Amendment of section 10 Repeal and replacement of section 14 - 80 Verify source ↗
Amendment of section 5
AI-assisted research summary: This section changes section 5 of the principal Act by replacing “Minister” with “Commissioner” in subsections (1) and (2).
80. The principal Act is amended in section 5 by deleting the word “Minister” appearing in subsections (1) and (2) and substituting for it the word “Commissioner”. - 81 Verify source ↗
Amendment of section 6
AI-assisted research summary: Section 6 is amended by deleting words that allowed the Minister to determine conditions of custody.
81. The principal Act is amended in section 6 by deleting the words “except that the conditions of their custody may be determined by the Minister”. - 82 Verify source ↗
Repeal and replacement of section 7
AI-assisted research summary: This section amends the principal Act by repealing section 7 and replacing it with new text titled “Periodic verification of secondary standards.”
82. The principal Act is amended by repealing section 7 and replacing for it the following: “Periodic verification of secondary standards - 7 Verify source ↗
Addition of section 14B
AI-assisted research summary: The Commissioner must have each secondary standard compared with the national standards once every two years.
7. Once in every two years, the Commissioner shall cause each of the secondary standards to be compared with national standards.”. the - 83 Verify source ↗
Repeal and replacement of section 8
AI-assisted research summary: This section amends the principal Act by repealing section 8 and replacing it with new text titled “Cancellation of secondary standards.”
83. The principal Act is amended by repealing section 8 and replacing for it the following: “Cancellation of secondary standards - 8 Verify source ↗
Repeal and replacement of section 17
AI-assisted research summary: The Commissioner may cancel a secondary standard and direct that it must no longer be used as a secondary standard.
8. The Commissioner may cancel any secondary standard and direct that it may no longer be used as a secondary standard.”. - 84 Verify source ↗
Amendment of section 9
AI-assisted research summary: Section 9 is amended by replacing “Minister” with “Commissioner”.
84. The principal Act is amended in section 9 by deleting the word “Minister” and substituting for it the word “Commissioner”. - 85 Verify source ↗
Amendment of section 10
AI-assisted research summary: This section changes section 10(3) of the principal Act by replacing the word “Minister” with “Commissioner”.
85. The principal Act is amended in section 10(3) by deleting the word “Minister” and substituting for it the word “Commissioner”. - 86 Verify source ↗
Repeal and replacement of section 14
AI-assisted research summary: This section repeals section 14 of the principal Act and replaces it with new text titled “Appointment of Commissioner and inspectors.”
86. The principal Act is amended by repealing section 14 and replacing for it the following: “Appointment of Commissioner and inspectors - 14 Verify source ↗
Amendment of section 2
AI-assisted research summary: This section says the President appoints the Commissioner for Weights and Measures, and the Commissioner appoints inspectors and may appoint private inspectors.
14.-(1) The President shall appoint a public officer to be Commissioner for Weights and Measures. (2) The Commissioner shall appoint inspectors of weights and 47 No. 12 The Writen Laws (Miscellaneous Amendments) (No. 4) Act, 2023 measures as may be required in carrying out the purpose of this Act. (3) The Commissioner may, for the purpose of carrying out verification under this Act, appoint private inspectors. (4) The Commissioner shall, by notice in the Gazette, publish the names of inspectors and private inspectors appointed under this section.”. Amendment of section 16 by- - 87 Verify source ↗
Amendment of section 16
AI-assisted research summary: This section amends section 16 and adds a rule that an inspector, when carrying out duties under subsection (1), must comply with the Act, regulations, and recognised international regional instruments for legal metrology.
87. The principal Act is amended in section 16, (a) designating the contents of section 16 as subsection (1); (b) deleting paragraph (a) of subsection (1) as designated and substituting for it the following: “(a) to carry out verification or inspection and instruments of measuring goods;”; and (c) adding immediately after subsection (1) as designated the following: shall, inspector “(2) An in exercising his duties under subsection (1), comply with the provisions of this Act, regulations made under this Act and recognised international regional and instruments for legal metrology.”. Amendment of section 18 by- - 88 Verify source ↗
Amendment of section 18
AI-assisted research summary: Section 18 of the principal Act is amended by changing wording in the marginal note and replacing “Minister” with “Commissioner” in subsections (1) and (2).
88. The principal Act is amended in section 18, (a) deleting the word “for” appearing in the marginal note and substituting for it the word “and”; and (b) deleting the word “Minister” appearing in subsections (1) and (2) and substituting for it the word “Commissioner”. 48 No. 12 The Writen Laws (Miscellaneous Amendments) (No. 4) Act, 2023 Amendment of section 19 - 89 Verify source ↗
Amendment of section 19
AI-assisted research summary: This section amends section 19 of the principal Act, including a new rule allowing an inspector to require production of specified weights, measures, or measuring instruments for verification.
89. The principal Act is amended in section 19- (a) by deleting subsection (1) and substituting for it the following: “(1) An inspector shall, within his area of jurisdiction, for the purpose of verifying measuring or measuring system, require a person to produce at such time and place as he may specify any weight, measure, weighing or measuring instrument or measuring system in his possession which is used or intended to be used in trade.”; (b) in subsection (2), by deleting the words “even if notice under subsection (1) was not issued” and substituting for them the words “for verification”; (c) by adding at the end of subsection (3) the words “in a manner prescribed in regulations”; and (d) in subsection (8), by deleting the words “any notice issued by an inspector under”. - 90 Verify source ↗
Amendment of section 21
AI-assisted research summary: This section amends section 21(2) of the principal Act by replacing “equipment” with “measuring instrument” wherever it appears.
90. The principal Act is amended in section 21(2) by deleting the word “equipment” wherever it appears in that subsection and substituting for the words “measuring instrument”. it - 91 Verify source ↗
Amendment of section 23
AI-assisted research summary: This provision amends section 23 of the principal Act by changing several words and phrases.
91. The principal Act is amended in section 23 by- (a) deleting the word “test” appearing in the opening phrase and substituting for it the words “examination or testing”; (b) deleting the word “instruction” appearing in paragraph (c) and substituting for it the words “measuring instrument or measuring system”; (c) deleting the words “upon approval by the Commissioner” appearing in paragraph (b) of the proviso; and (d) deleting the word “owner” appearing in paragraph (c) of the proviso and substituting 49 Amendment of section 21 Amendment of section 23 No. 12 The Writen Laws (Miscellaneous Amendments) (No. 4) Act, 2023 Amendment of section 24 Amendment of section 26 Amendment of section 39 Amendment of section 42 for it the words “person in charge of such measuring instrument or measuring system”. - 92 Verify source ↗
Amendment of section 24
AI-assisted research summary: Section 24 is amended to insert the words “or measuring instrument” after “measure” in the opening phrase.
92. The principal Act is amended in section 24 by adding the words “or measuring instrument” immediately after the word “measure” appearing in the opening phrase. - 93 Verify source ↗
Amendment of section 26
AI-assisted research summary: This section amends section 26 of the principal Act by removing one phrase from subsection (1) and adding a forfeiture sentence to the end of subsection (3).
93. The principal Act is amended in section 26- (a) in subsection (1), by deleting the words “Subject to the provisions of section 27”; and (b) by adding at the end of subsection (3) the words “and in addition to any penalty the court may impose, such goods may be liable to be forfeited”. - 94 Verify source ↗
Amendment of section 39
AI-assisted research summary: This section amends section 39 of the principal Act by adding the word “measure” between “weight” and “measuring”.
94. The principal Act is amended in section 39 by inserting the word “measure” between the words “weight” and “measuring”. - 95 Verify source ↗
Amendment of section 42
AI-assisted research summary: This section amends section 42 of the principal Act by replacing references to “weight” with “measure.”
95. The principal Act is amended in section 42- (a) in the marginal note, by deleting the word “weight” and substituting for it the word “measure”; and (b) in subsection (1), by deleting the words “weight, measure, gauge, class or grade” and substituting for them the word “measure”. Amendment of section 48 - 96 Verify source ↗
Amendment of section 48
AI-assisted research summary: This section changes section 48 to describe the inspector’s powers.
96. The principal Act is amended in section 48- (a) by deleting the marginal note and substituting for it the following: “Powers of inspector”; (b) in subsection (1), by- (i) adding immediately after paragraph (e) the following: “(f) seize and detain any goods which, after inspection, found to be contrary to the provisions of this Act; (g) seal the premises where he has reasonable grounds to believe 50 No. 12 The Writen Laws (Miscellaneous Amendments) (No. 4) Act, 2023 that any offence under this Act has been, is being or is likely to be committed in such premises;”; (ii) renaming paragraphs (f) and (g) as paragraphs (h) and (i); and (c) in subsection (2), by adding the words “breaks a seal or” immediately after the word “who”. Repeal and replacement of sections 49 and 50 - 97 Verify source ↗
Repeal and replacement of sections 49 and 50
AI-assisted research summary: This section repeals sections 49 and 50 of the principal Act and replaces them with new text.
97. The principal Act is amended by repealing sections 49 and 50 and replacing for them the following: “Judicial notice of documents Forfeiture - 49 Verify source ↗
Amendment of section 15
AI-assisted research summary: A signed inspector’s certificate can be produced in court as prima facie evidence of the facts stated in it.
49. A document purporting to be signed by an inspector and certifying that a weight, measure, measuring instrument or measuring system or goods specified therein was inspected or verified by him on a specified date and the finding of his verification or inspection shall be in any court on production by any person and without further proof as prima facie evidence of the facts stated therein. received - 50 Verify source ↗
Amendment of section 18
AI-assisted research summary: If the owner or possessor does not appear in court and show cause within the prescribed time after seizure, the seized item is forfeited; the court then directs how forfeited items are disposed of.
50.-(1) Where the owner or possessor of the weight, measure, measuring instrument, measuring system or goods cannot appear in court and show cause within the prescribed time after the seizure, such weight, measure, measuring instrument, measuring systems or goods shall be forfeited. (2) All weights, measures, measuring or instruments measuring systems or goods or other item forfeited under this Act shall be disposed of as the court may direct.”. 51 No. 12 The Writen Laws (Miscellaneous Amendments) (No. 4) Act, 2023 Amendment of section 54 - 98 Verify source ↗
Amendment of section 54
AI-assisted research summary: This provision amends section 54(1) of the principal Act by changing several paragraphs.
98. The principal Act is amended in section 54(1)- (a) in paragraph (e), by deleting the words “or marking of” and substituting for them the words “of marking”; (b) by deleting paragraph (h) and substituting for it the following: “(h) the fees that may be demanded by inspector during verification of any weight, measure or measuring instrument or inspection of pre- packed goods;”; (c) in paragraph (r), by deleting the words “checked and stamped” and substituting for them the word “verified;”; (d) in paragraph (x), by adding the words “and the word immediately after disposal” “forfeiture;”; and (e) in paragraph (y), by deleting the words “Tenth, Eleventh and Twelfth”. Passed by the National Assembly on the 31st October, 2023 NENELWA JOYCE MWIHAMBI Clerk of the National Assembly 52
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The Written Laws (Miscellaneous Amendments) (No. 4) Act, 2023
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