The Written Laws (Miscellaneous Amendments) Act, 2024
This provision gives the Act its short title: the Written Laws (Miscellaneous Amendments) Act, 2024.
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- The Written Laws (Miscellaneous Amendments) Act, 2024
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About this statute
This provision gives the Act its short title: the Written Laws (Miscellaneous Amendments) Act, 2024. This section says that certain written laws are amended according to the specific changes set out in their Parts. This Part must be read together with the Electronic Transactions Act, called the principal Act here. This section adds definitions for “certificate” and “subscriber” in the principal Act. This provision amends section 6 to require regulations to set out procedures for determining the authenticity of electronic signatures.
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Provisions of The Written Laws (Miscellaneous Amendments) Act, 2024
Showing 45 of 45
Part
PART I
- 1
AI-assisted research summary: This provision gives the Act its short title: the Written Laws (Miscellaneous Amendments) Act, 2024.
1. This Act may be cited as the Written Laws (Miscellaneous Amendments) Act, 2024. Amendment of certain written laws - 2 Verify source ↗
Short title
AI-assisted research summary: This section says that certain written laws are amended according to the specific changes set out in their Parts.
2. The written laws specified in various Parts of this Act are amended in the manner specified in their respective Parts. PART II AMENDMENT OF THE ELECTRONIC TRANSACTIONS ACT, (CAP. 442) Construction Cap. 442
Part
PART II
- 3
AI-assisted research summary: This Part must be read together with the Electronic Transactions Act, called the principal Act here.
3. This Part shall be read as one with the Electronic Transactions Act, hereinafter referred to as the “principal Act”. 3 No. 4 The Written Laws (Miscellaneous Amendments) Act, 2024 Amendment of section 3 - 4
AI-assisted research summary: This section adds definitions for “certificate” and “subscriber” in the principal Act.
4. The principal Act is amended in section 3 by inserting in their appropriate alphabetical order the following definitions: ““certificate” means a trusted digital identity used to identify users, servers or things when communicating over untrusted networks, to sign code or documents and to encrypt data or communication; the issues subordinate certification authority which certificates other to certification authorities; “Root Certification Authority” means “subscriber” means a person who is the subject named or identified in an electronic certificate;”. Amendment of section 6 - 5
AI-assisted research summary: This provision amends section 6 to require regulations to set out procedures for determining the authenticity of electronic signatures.
5. The principal Act is amended in section 6 by adding immediately after subsection (3) the following: “(4) The procedures for determining the authenticity of electronic signatures shall be prescribed in the regulations.”. Amendment of section 7 - 6
AI-assisted research summary: This section amends section 7 and says the procedures for deciding whether an electronic signature is secure must be set out in regulations.
6. The principal Act is amended in section 7, by- (a) designating the content of section 7 as subsection (1); and (b) adding immediately after subsection (1) as designated the following: “(2) The procedures for ascertaining the secure nature of an electronic signature shall be prescribed in the regulations.”. Amendment of section 34 - 7
AI-assisted research summary: This provision amends section 34 of the principal Act by replacing paragraph (d) and renaming paragraph (e) as paragraph (g).
7. The principal Act is amended in section 34, by- (a) deleting paragraph (d) and substituting for it the following: “(d) resolve conflict between cryptographic, service providers and certification subscribers; (e) specify the qualifications and experience certification employees of which authority shall possess; 4 No. 4 The Written Laws (Miscellaneous Amendments) Act, 2024 Addition of sections 35A and 35B (f) recognise foreign certification authorities; and”; (b) renaming paragraph (e) as paragraph (g). - 8 Verify source ↗
Construction
AI-assisted research summary: Section 8 amends the principal Act by inserting new text after section 35 titled “Root Certification Authority”.
8. The principal Act is amended by adding immediately after section 35 the following: “Root Certification Authority - 35A Verify source ↗
(1) The Minister may, by
AI-assisted research summary: The Minister may appoint a government ICT institution as the Root Certification Authority by Gazette notice, and that authority has listed powers over certification activities, standards, records, and related administration.
35A.-(1) The Minister may, by notice published in the Gazette, appoint a Government institution under the Ministry responsible for information and communication technology to be a for Root Certification Authority purposes of this Act. (2) The Root Certification Authority shall perform the following functions: (a) exercise supervision over certification activities of authorities; (b) approve certificate signing certification of requests authorities; (c) prescribe conditions subject certification conduct to authorities their business; which shall (d) specify contents of materials and advertisements which may be distributed or used in respect of a certificate; (e) prescribe the form and content of a certificate; (f) prescribe form and the manner in which accounts shall be maintained by certification authorities; (g) prescibe terms and conditions subject to which certification service auditors may be appointed; 5 No. 4 The Written Laws (Miscellaneous Amendments) Act, 2024 (h) facilitate the establishment an regulation a and electronic certification authority; system by of (i) prescribe which authorities their subscribers; the manner in certification conduct with shall dealings Certification authorities records (j) maintain a database of disclosure of certification authorities; and (k) perform such other functions as may be required under this Act. - 35B Verify source ↗
(1) The Minister may, by
AI-assisted research summary: The Minister may appoint certification authorities by Gazette notice. If the certification authority is a private entity, the Minister must follow the relevant tendering process. A certification authority must carry out listed certificate-service and security functions and comply with regulator-issued standards.
35B.-(1) The Minister may, by notice published in the Gazette, appoint such number of certification authorities as he deems fit: Provided a certification authority appointed under this section is a private entity, the Minister shall comply with tendering process pursuant to the relevant laws. that, where (2) A certification authority shall perform the following functions: (a) manage the lifecycle of certificates; (b) validate the identity of a subscriber who requests for a certificate before issuance; (c) ensure confidentiality, availability, integrity, authentication non- and repudiation of certificate services; (d) keep and maintain accurate and complete information of certification service status; 6 No. 4 The Written Laws (Miscellaneous Amendments) Act, 2024 and (e) operate manage certification system, facilities and equipment in a safe and secure manner to assure validity and stability of issued certificate; and (f) control risks associated with certification services. (3) In the performance of its the certification authority functions, shall- (a) use hardware, software and procedures which are secure from intrusion and misuse; (b) ensure reliability of its services; (c) adhere to security procedures to ensure that the secrecy and electronic of privacy signatures are assured; and (d) comply with standards issued by the regulator.”. PART III AMENDMENT OF THE NATIONAL INDUSTRIES (LICENSING AND REGISTRATION) ACT, (CAP. 46) Construction Cap. 46
Part
PART III
- 9
AI-assisted research summary: This part is to be read together with the National Industries (Licensing and Registration) Act.
9. This Part shall be read as one with the National Industries (Licensing and Registration) Act, hereinafter referred to as the “principal Act”. Amendment of section 2 - 10
AI-assisted research summary: This provision amends section 2 of the principal Act by changing the definition of “industry” and updating the definition of “Registrar”.
10. The principal Act is amended in section 2- (a) by deleting the definition of the term “industry” and substituting for it the following: ““industry” means any factory in which an individual, group of persons or entity produces goods;”; and (b) in the definition of the term “Registrar”, by the words “Deputy Registrar and” inserting between the words “includes” and “Assistant”. 7 No. 4 The Written Laws (Miscellaneous Amendments) Act, 2024 Amendment of section 3 Amendment of section 4 Amendment of section 10 - 11 Verify source ↗
Construction
AI-assisted research summary: This provision changes the marginal note to section 3(1) so it reads: “Registrar, Deputy Registrar and Assistant Registrars”.
11. The principal Act is amended in section 3(1) by deleting the marginal note and substituting for it the following: “Registrar, Deputy Registrar and Assistant Registrars”. - 12
AI-assisted research summary: This provision amends section 4 of the principal Act by removing the words “or an Assistant Registrar”.
12. The principal Act is amended in section 4 by deleting the words “or an Assistant Registrar”. - 13
AI-assisted research summary: This provision amends section 10 of the principal Act. It requires the Board to carry out listed supervisory and advisory functions and allows it to appoint committees from among its members when it considers that necessary.
13. The principal Act is amended in section 10, by- (a) designating the contents of section 10 as subsection (1); and (b) adding immediately after subsection (1) as designated the following: “(2) The Board shall perform the following functions: (a) to supervise the performance of the Registrar; (b) to evaluate quarterly reports submitted by the Registrar; (c) to issue directives to the Registrar for better carrying out the purpose of this Act; advise on development of industrial sector; and the Minister (d) to (e) to perform such other functions which are necessary or expedient for the proper discharge of the purpose of this Act. (3) The Board may from among its members, appoint such number of committees as it deems necessary for purposes which, in the the Board, would be better opinion of administered through committees.”. Repeal and replacement of section 11 - 14
AI-assisted research summary: This section amends the principal Act by repealing section 11 and replacing it with new text about the appointment and composition of the Board.
14. The principal Act is amended by repealing section 11 and replacing for it the following: “Appointment and composition of Board - 11 Verify source ↗
Construction
AI-assisted research summary: The Minister must appoint the Board members after consultation, the Registrar is the Board’s secretary, and the Minister may amend the Schedule by Gazette order.
11.-(1) The Minister shall, after the Minister consultation with responsible for industries in Tanzania 8 No. 4 The Written Laws (Miscellaneous Amendments) Act, 2024 Zanzibar, appoint members of the Board. (2) The Board shall consist of the following members: (a) a Chairman who shall be a person with knowledge and experience industries in matters; (b) a Law Officer representing the Attorney General; from responsible the for in Mainland (c) one member Ministry industries Tanzania; (d) one member Ministry industries Zanzibar; from responsible the for in Tanzania (e) one member representing the Tanzania Chamber of Commerce, Industries and Agriculture; (f) one member representing the Zanzibar National Chamber of Commerce; (g) one member representing of association the industries; (h) one member representing the authority responsible for medium small industries in Mainland Tanzania; and and (i) one member representing the authority responsible for medium small in Tanzania industries Zanzibar. and (3) The Registrar shall be the Secretary to the Board. 9 No. 4 The Written Laws (Miscellaneous Amendments) Act, 2024 Repeal of section 12 Repeal and replacement of section 13 Repeal of sections 14, 15 and 16 General amendment (4) The tenure and other proceedings of the Board shall be as provided in the Shedule. (5) The Minister may, by order published in the Gazette, amend the Schedule.”.
Part
Schedule.”.
- 15
AI-assisted research summary: This provision amends the principal Act by repealing a section.
15. The principal Act is amended by repealing section - 16
AI-assisted research summary: This provision amends the principal Act by repealing section 13 and replacing it with new text that starts with “Industrial licence”.
16. The principal Act is amended by repealing section 13 and replacing for it the following: “Industrial licence - 13
AI-assisted research summary: A person intending to establish an industry must apply to the Registrar for an industrial licence, using the method set by regulation.
13.-(1) A person who intends to establish an industry shall apply to the Registrar for an industrial licence in a manner prescribed in the regulations. (2) A person who establishes an industry without a licence commits an offence.”. - 17
AI-assisted research summary: This provision amends the principal Act by repealing sections 14, 15, and 16.
17. The principal Act is amended by repealing sections 14, 15 and 16. - 18
AI-assisted research summary: This provision amends the principal Act by replacing “Board” with “Registrar” in specified sections and updating pronouns from “it/its” to “he/his” in others.
18. The principal Act is amended generally by- (a) deleting the word “Board” wherever it appears in sections 17, 18, 19, 20, 22 and 25 and substituting for it the word “Registrar”; and (b) deleting the words “it” and “its” wherever they appear in sections 19, 20 and 22 and substituting for them the words “he” and “his” respectively. - 19
AI-assisted research summary: This provision amends the principal Act by repealing section 21.
19. The principal Act is amended by repealing section Repeal of section 21 - 21
AI-assisted research summary: This provision is titled “Repeal and replacement of section 23.”
21. Repeal and replacement of section 23 - 20
AI-assisted research summary: This section amends the principal Act by repealing section 23 and replacing it with new text headed “Functions of Registrar.”
20. The principal Act is amended by repealing section 23 and replacing for it the following: “Functions of Registrar - 23 Verify source ↗
Amendment of section 4
AI-assisted research summary: The Registrar must carry out licensing, registration, inspection, record-keeping, and quarterly reporting functions.
23. The Registrar shall perform the following functions: 10 No. 4 The Written Laws (Miscellaneous Amendments) Act, 2024 (a) approve and grant industrial licence and certificate of registration; (b) approve the transfer of or licence industrial certificate of registration; (c) carry out regular inspection in respect of adherence to the provisions of this Act; (d) prepare and maintain the register of industries; (e) prepare and submit quarterly reports to the Board; and (f) carry out any other function as may be directed by the Board.”. Amendment of section 26 - 21
AI-assisted research summary: Section 26 of the principal Act is amended so the words “one million shillings” replace “ten hundred thousand shillings”.
21. The principal Act is amended in section 26 by deleting the words “ten hundred thousand shillings” and substituting for them the words “one million shillings”. Amendment of section 29 - 22
AI-assisted research summary: This provision amends section 29 of the principal Act, replacing two paragraphs, deleting subsection (2), and redesignating subsection (1).
22. The principal Act is amended in section 29, by- (a) deleting paragraphs (f) and (g) and substituting for them the following: “(f) prescribing conditions for licences and certificates of registration; (g) prescribing the manner for appointment of industrial inspectors under this Act;”; (b) deleting subsection (2); and (c) designating the contents of subsection (1) as section
Part
Schedule
- 23 Verify source ↗
Amendment of section 4
AI-assisted research summary: This provision amends the principal Act by adding a new Schedule after section 29.
23. The principal Act is amended by adding immediately after section 29 the following Schedule: “_________ SCHEDULE _________ (Made under section 11(4)) _________ 11 No. 4 The Written Laws (Miscellaneous Amendments) Act, 2024 TENURE AND OTHER PROCEEDINGS OF THE BOARD Power to co-opt
Part
SCHEDULE
- 1
AI-assisted research summary: The Board may co-opt any person to attend its meetings to give technical advice, but that person has no right to vote.
1.The Board may co-opt any person to attend its meetings for the purposes of rendering technical advice but such person shall have no right to vote. Tenure of office Vice-Chairman Meetings of Board - 2 Verify source ↗
Short title
AI-assisted research summary: A Board member serves for three years, may be re-appointed once, may resign with one month’s written notice to the Minister, and the appointing authority must fill any vacancy if the member stops holding the appointing office.
2.-(1) A member of the Board shall hold office for a period of three years from the date of his appointment and may be eligible for re-appointment for one further term. (2) A member of the Board may resign by giving a one month’s notice in writing to the Minister. (3) Where a member of the Board ceases to hold an office in respect of which he was appointed, he shall cease to be a member of the Board and the appointing authority shall fill the vacancy accordingly. - 3
AI-assisted research summary: Board members must elect one of their own as Vice-Chairman.
3. Members of the Board shall elect one among them to be a Vice- Chairman: Provided that, where the Chairman hails from one part of the Union, the members of the Board shall elect a Vice- Chairman from among members hailing from the other part of the Union. - 4
AI-assisted research summary: The Board must meet at least four times a year, and the Secretary must give each member adequate notice of each meeting.
4.-(1) The Board shall meet at least four times annually for the transaction of its business. (2) The Board may hold an extra- ordinary meeting at any time where necessity requires if requested in writing by half of the members. (3) The Secretary of the Board shall give to each member adequate notice of the time and place of each meeting. (4) Where at any meeting of the Board the Chairman is absent, the Vice-Chairman shall preside over such meeting. the absence of both the (5) In the Vice-Chairman at any Chairman and meeting of the Board, the members present shall elect one person from amongst their number to be a temporary Chairman who shall preside at such meeting. 12 No. 4 The Written Laws (Miscellaneous Amendments) Act, 2024 (6) All matters considered by the Board shall, in the event of a difference of opinion, be decided by votes of a majority of members present at any meeting, and in the event of an equality of votes, the Chairman or person presiding over the meeting shall have a casting vote in addition to his deliberative vote. - 5
AI-assisted research summary: The Board needs a quorum of half its members at any meeting, and it may make decisions without meeting by circulating papers and written views. Any member can require the decision to be deferred until the matter is considered at a Board meeting.
5.-(1) The quorum at any meeting of the Board shall be half of the members. (2) A decision may be made by the Board without a meeting by circulation of relevant papers among all members and the expression in writing of their views, but any member shall be entitled to require that any such decision shall be deferred until the subject matter is considered at a meeting of the Board. - 6
AI-assisted research summary: The Secretary must record and keep minutes of all business transacted at meetings, and Board minutes must be read, confirmed, or amended and confirmed at the next Board meeting.
6.-(1) The Secretary shall record and keep minutes of business conducted or transacted at all meetings and the minutes of each meeting of the Board shall be read and confirmed or amended and confirmed, at the next meeting of the Board. (2) Minutes of the Board signed by the Chairman or the person presiding over the meeting and the Secreatry shall, in the absence of proof of error, be deemed to be a correct record of the meeting to which the minutes relate. - 7
AI-assisted research summary: Members of the Board are to be paid remuneration, fees, and allowances set by the relevant authority.
7. Members of the Board shall be paid such renumerations, fees and allowances as may be determined by the relelevant authority. - 8 Verify source ↗
Construction
AI-assisted research summary: The Board must regulate its own proceedings.
8. The Board shall regulate its own proceedings.”. Quorum for meetings Minutes of meetings Fees and allowance Procedures of Board PART IV AMENDMENT OF THE PUBLIC AUDIT ACT, (CAP. 418) Construction Cap. 418
Part
PART IV
- 24
AI-assisted research summary: This Part must be read together with the Public Audit Act, which is called the principal Act.
24. This Part shall be read as one with the Public Audit Act, hereinafter referred to as the “principal Act”. 13 No. 4 The Written Laws (Miscellaneous Amendments) Act, 2024 Amendment of section 3 - 25 Verify source ↗
Constructon
AI-assisted research summary: This section amends the principal Act by deleting the definition of “public authority” in section 3 and refers to further amendments to the Tanzania Investment Act.
25. The principal Act is amended in section 3 by deleting the definition of the term “public authority”. PART V AMENDMENT OF THE TANZANIA INVESTMENT ACT, (CAP. 38) Construction Cap. 38 Amendment of section 19 Addition of section 29A
Part
PART V
- 26
AI-assisted research summary: This Part is to be read together with the Tanzania Investment Act, which is called the principal Act.
26. This Part shall be read as one with the Tanzania Investment Act, hereinafter referred to as the “principal Act”. - 27
AI-assisted research summary: This provision amends section 19(1) of the principal Act by deleting the words “na kinga”.
27. The principal Act is amended in section 19(1) by deleting the words “na kinga”. - 28
AI-assisted research summary: This section amends the principal Act by inserting new text immediately after section 29, but the inserted content is cut off in the source provided.
28. The principal Act is amended by adding immediately after section 29 the following: “Hadhi ya mwekezaji wa kigeni Kwa - 29A Verify source ↗
(1)
AI-assisted research summary: Foreign investors must be treated equally with Tanzanian investors for investment activities in Tanzania, subject to this Act, other laws, and applicable international agreements.
29A.-(1) kuzingatia masharti ya Sheria hii, sheria nyingine za nchi, mikataba na makubaliano ya kimataifa ambayo Tanzania ni Nchi Mwanachama, mwekezaji wa kigeni atapata fursa sawa na ile anayostahili kupata mwekezaji Mtanzania kuhusiana na uanzishaji, utwaaji, uendelezaji, usimamizi, uendeshaji na uuzaji au uondoshaji mwingine wa uwekezaji ndani ya nchi. (2) Kwa kuzingatia masharti ya Sheria hii, Sheria nyingine za nchi, mikataba na makubaliano ya kimataifa ambayo Tanzania ni Nchi Mwanachama, mwekezaji wa kigeni hatabaguliwa kwa misingi ya uraia wake, eneo la makazi au mahali alipoandikishwa au kusajiliwa au nchi ya asili ya uwekezaji. (3) Masharti ya kifungu hiki hayatatafsiriwa- (a) kuizuia Serikali kuchukua hatua za udhibiti au hatua nyingine ili kulinda maslahi ya umma, kama vile maadili 14 No. 4 The Written Laws (Miscellaneous Amendments) Act, 2024 ya umma, afya ya umma, usalama ulinzi wa mazingira; na (b) kuizuia Serikali kuchukua za jitihada kuwawezesha wawekezaji wa ndani; zozote (c) kuilazimisha Serikali kutoa kwa mwekezaji wa kigeni na uwekezaji wake manufaa ya matibabu, upendeleo au fursa yoyote iliyomo katika- (i) eneo lolote la biashara huria, umoja wa forodha, makubaliano ya soko la pamoja, makubaliano yoyote ya au kimataifa mipango ambayo nchi anayotoka mwekezaji si mshirika; au (ii) makubaliano yoyote ya kimataifa yaliyopo au ya siku zijazo au sheria ndani ya inayohusu ushuru.”. Addition of section 32A - 29 Verify source ↗
Construction
AI-assisted research summary: This provision says the principal Act is being amended by adding new text immediately after section 32.
29. The principal Act immediately after section 32 the following: is amended by adding “Utaratibu wa utatuzi wa malalamiko - 32A Verify source ↗
(1) Endapo mwekezaji
AI-assisted research summary: An investor who is dissatisfied with a government institution’s conduct, act, or decision on investment matters may file a complaint with the Centre for resolution.
32A.-(1) Endapo mwekezaji hakuridhishwa na mwenendo, kitendo au uamuzi wa taasisi ya Serikali kuhusu masuala anaweza kuwasilisha maombi katika Kituo kwa ajili ya utatuzi wa malalamiko yake. uwekezaji, ya (2) Maombi kwa mujibu wa kifungu kidogo cha (1) hayataathiri haki nyingine za kisheria za mwekezaji katika kutafuta utatuzi wa kisheria wa malalamiko. 15 No. 4 The Written Laws (Miscellaneous Amendments) Act, 2024 (3) Kituo kitachunguza na kufanya tathmini ya malalamiko na kuchukua hatua stahiki zinazokubalika na pande zote kutatua malalamiko husika. (4) Utaratibu wa utatuzi wa malalamiko utazingatia misingi ya haki, uwazi na uzingatiaji wa sheria, na taasisi zote husika zitalazimika kushirikiana na Kituo katika jitihada zake za kutafuta suluhisho linalokubalika kwa pande zote. (5) Kituo kitatakiwa kutatua malalamiko ndani ya siku thelathini kuanzia tarehe ya kupokea malalamiko hayo. (6) namna mlalamikaji Endapo hakuridhishwa na uamuzi wa Kituo au yoyote, kwa hakuridhishwa na namna ambavyo Kituo kinashughulikia malalamiko hayo, anaweza kuwasilisa malalamiko hayo kwa Waziri kwa utatuzi. nyingine (7) Taarifa nyaraka zilizopokelewa na Kituo wakati wa utaratibu wa utatuzi wa malalamiko zitachukuliwa kuwa siri. na anaweza, (8) Waziri kwa kushauriana na Bodi, kutengeneza kanuni kwa ajili ya kuweka taratibu za utatuzi wa malalamiko ya wawekezaji.”. Passed by the National Assembly on the 2nd February, 2024 NENELWA JOYCE MWIHAMBI Clerk of the National Assembly 16
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