The Written Laws (Miscellaneous Amendments) (No. 2) Act, 2024
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About this statute
This provision says the Act’s citation name. This section says the written laws listed in the Act’s Parts are amended as set out in those Parts. This section says the Part must be read together with the Anti-Trafficking in Persons Act (the principal Act). Section 4 adds a definition of “Secretariat” to section 3 of the principal Act. This section changes section 17(3) of the principal Act by replacing “Commissioner for Social Welfare” with “Social Welfare Officer”.
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Provisions of The Written Laws (Miscellaneous Amendments) (No. 2) Act, 2024
Showing 65 of 65
Part
PART I
- 1 Verify source ↗
2. Amendment of certain written laws
AI-assisted research summary: This provision says the Act’s citation name.
1. This Act may be cited as the Written Laws (Miscellaneous Amendments) (No. 2) Act, 2024. Amendme nt of certain written laws - 2 Verify source ↗
Amendment of certain written laws
AI-assisted research summary: This section says the written laws listed in the Act’s Parts are amended as set out in those Parts.
2. The written laws specified in various Parts of this Act are amended in the manner specified in their respective Parts. PART II AMENDMENT OF THE ANTI-TRAFFICKING IN PERSONS ACT, (CAP. 432) Constructi on Cap. 432
Part
PART II
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Construction
AI-assisted research summary: This section says the Part must be read together with the Anti-Trafficking in Persons Act (the principal Act).
3. This Part shall be read as one with the Anti- Trafficking in Persons Act, hereinafter referred to as the “principal Act”. 5 No. 14 The Written Laws (Miscellaneous Amendments) (No. 2) Act, 2024 Amendme nt of section 3 - 4 Verify source ↗
Amendment of section 3
AI-assisted research summary: Section 4 adds a definition of “Secretariat” to section 3 of the principal Act.
4. The principal Act is amended in section 3 by adding in the appropriate alphabetical order the following new definition: ““Secretariat” means the Anti-trafficking in Persons Secretariat established under section 24A;”. Amendme nt of section 17 - 5 Verify source ↗
Amendment of section 17
AI-assisted research summary: This section changes section 17(3) of the principal Act by replacing “Commissioner for Social Welfare” with “Social Welfare Officer”.
5. The principal Act is amended in section 17(3) by deleting the words “Commissioner for Social Welfare” and substituting for them the words “Social Welfare Officer”. Addition of Part IVA - 6 Verify source ↗
Addition of Part IVA
AI-assisted research summary: This provision amends the principal Act by adding a new Part IVA on the Anti-Trafficking in Persons Secretariat and its establishment.
6. The principal Act is amended by adding immediately after Part IV the following: “PART IVA THE ANTI-TRAFFICKING IN PERSONS SECRETARIAT “Establishment of Secretariat - 24A Verify source ↗
There is established
AI-assisted research summary: A Persons Anti-trafficking Secretariat is established, with functions to coordinate anti-trafficking work and related cooperation, support victims, and carry out related investigations, research, and administration.
24A.- There is established a Secretariat to be known as the Persons Anti-trafficking Secretariat. in (2) The functions of the Secretariat shall be to- (a) coordinate all activities of relevant institutions on matters connected in with persons; trafficking (b) take measures to prevent and combat trafficking in persons, creating including awareness, public training, conducting joint investigation and operations to disrupt trafficking routes and networks; 6 No. 14 The Written Laws (Miscellaneous Amendments) (No. 2) Act, 2024 (c) identify, rescue, rehabilitate protect, and reintegrate victims of trafficking in persons; (d) ensurethe of relating implementation international agreements and conventions on to matters trafficking in persons on which the United Republic is a party; (e) collaborate with other the organs in and investigation of prosecution trafficking in persons cases; (f) foster cooperation international, with regional and national and institutions on organizations combating trafficking in persons; (g) establish, facilitate, promote and manage the operation of safe houses for victims of trafficking in persons; (h) provide advice to the Anti-Trafficking Committee on matters to general relating administration of this Act and those referred to the Minister; 7 No. 14 The Written Laws (Miscellaneous Amendments) (No. 2) Act, 2024 (i) coordinate affairs of and provide secretariat services to the Anti- Trafficking Committee; (j) conduct research, monitor and make follow of trafficking in persons incidences the country; and up in as (k) carry out such other are functions in necessary combating trafficking in persons. (3) In the performance of its functions under this section, the Secretariat may- (a) establish data and collection system management on in trafficking persons at the national level; (b) enter into any premise the purpose of for preventing and combating trafficking in persons activities; and (c) request information from and summon any person dealing with matters to trafficking in persons. relating Secretary - 24B Verify source ↗
(1) The President
AI-assisted research summary: The President must appoint a Secretary from among senior public officers, and the Secretary is responsible for administering and managing the Secretariat’s functions and affairs.
24B.-(1) The President shall appoint among senior public the officers a Secretary to 8 No. 14 The Written Laws (Miscellaneous Amendments) (No. 2) Act, 2024 Secretariat. (2) The Secretary shall be responsible proper for administration and management of the functions and affairs of the Secretariat. the - 24C Verify source ↗
(1) There shall be
AI-assisted research summary: Two Deputy Secretaries must be appointed by the President, one from each part of the Union.
24C.-(1) There shall be two Deputy Secretaries who shall be appointed by the President one from each part of the Union. (2) and The Deputy Secretaries appointed under this section shall be heads of the Prevention Victims Protection Section and Zanzibar Anti-trafficking Persons Office, respectively. The (3) Deputy Secretaries shall, in discharging their functions under this Act, be the principal assistants of the Secretary. in - 24D Verify source ↗
There
AI-assisted research summary: Employees of the Secretariat are to be employed in accordance with the Public Service Act.
24D. There such shall be employed of employees of the Secretariat in accordance with the Public Service Act.”. number Deputy Secretaries Staff of Secretariat Cap. 298 Amendme nt of section 30 - 7 Verify source ↗
Amendment of section 30
AI-assisted research summary: Section 7 amends section 30 of the principal Act and replaces subsection (2) so that the Secretary must coordinate the Committee’s affairs and provide its secretariat services.
7. The principal Act is amended in section 30, by- (a) deleting subsection (2) and substituting for it the following: “(2) The Secretary shall coordinate affairs of and provide secretariat services to the Committee.”; and (b) deleting subsections (3) and (4). Amendme nt of section 31 - 8 Verify source ↗
Amendment of section 31
AI-assisted research summary: This section amends section 31(1) of the principal Act by replacing “a Director of Immigration” with “a Commissioner General of Immigration” in paragraph (a).
8. The principal Act is amended in section 31(1) by deleting the words “a Director of Immigration” appearing in 9 No. 14 The Written Laws (Miscellaneous Amendments) (No. 2) Act, 2024 paragraph (a) and substituting for them the words “a Commissioner General of Immigration”. Amendme nt of section 32 - 9 Verify source ↗
Amendment of section 32
AI-assisted research summary: This section changes section 32 of the principal Act by deleting some paragraphs and renaming others.
9. The principal Act is amended in section 32, by- (a) deleting paragraphs (a), (d), (f) and (g); and (b) renaming paragraphs (b), (c), (e), (h) and (i) as paragraphs (a), (b), (c), (d) and (e) respectively. PART III AMENDMENT OF THE CRIMINAL PROCEDURE ACT, (CAP. 20) Constructi on Cap. 20 Amendme nt of section 205A
Part
PART III
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Construction
AI-assisted research summary: This part must be read together with the Criminal Procedure Act.
10. This Part shall be read as one with the Criminal Procedure Act, hereinafter referred to as the “principal Act”. - 11 Verify source ↗
Amendment of section 205A
AI-assisted research summary: This section amends section 205A so that the report under subsection (1) must be prepared in the form set out in the Fifth Schedule.
11. The principal Act is amended in section 205A by adding immediately after subsection (2) the following: “(3) The mode and manner of preparation of report under subsection (1) shall be as set out in the form prescribed in the Fifth Schedule.”. Addition of Fifth Schedule
Part
Schedule
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Addition of Fifth Schedule
AI-assisted research summary: This section amends the principal Act by inserting a new Fifth Schedule after the Fourth Schedule.
12. The principal Act is amended by adding immediately after the Fourth Schedule the following: “_____________ FIFTH SCHEDULE ____________ THE UNITED REPUBLIC OF TANZANIA CYBER FORENSIC ANALYSIS REPORT FB/CYBER/20……/LAB/…………………….. Ref. No. (IR/RB) ……….………………. of I ………………………………………………………….. (Name & the Rank the …………………………………………..(Institution) an officer duly authorised to examine and analyse exhibits hereby certify as follows: officer) being of 10 No. 14 The Written Laws (Miscellaneous Amendments) (No. 2) Act, 2024 - 1 Verify source ↗
2. Amendment of certain written laws
AI-assisted research summary: A receipt form records that sealed evidence was received from an institution or officer for laboratory handling.
1. On the ……… day of …………. 20………. At ………………………………….. (place) I received (Name, Description, number of exhibit(s) below) (a) ………………………………………..…..…… (b) .…………………………………………….….. (c) ….……………………………………………… (d) ….……………………………………………… (e) ….……………………………………………… sealed (whichever in packets/boxes/envelope/containers/bag applicable) with number ………………………………. (any by sent marked (institution) …………………………………………………. suspected contained to …………………………..…………….…….. (type of evidence) by which (officer(s) ………………………………………………………… of Laboratory No………………………..…..……. institution) purporting number) handled given were have was and the me be to to - 2 Verify source ↗
Amendment of certain written laws
AI-assisted research summary: This section states that the task was to conduct a digital forensic examination of the exhibits and determine the listed matters.
2. Terms of reference The task was to conduct digital forensic examination of the exhibits to determine the following (i) …………………………………………… … (ii) …………………………………………… ….. (iii) …………………………………………… - 3 Verify source ↗
Construction
AI-assisted research summary: This section lists four methods of examination, but the visible text contains only placeholders.
3. Method of examination: (i) ….……………………..….. (ii) ….…………………….…… (iii) ….………………………….. (iv) ….………………………….. - 4 Verify source ↗
Amendment of section 3
AI-assisted research summary: This provision records an examination of exhibits A to E and states whether each was found or not found with the specified item.
4. I have examined and analysed the said exhibit(s) the results of which are stated hereunder: Exhibit “A” ……………………..…….……….…(Description of Exhibit) Has been found/not found with ……………………….……………. 11 No. 14 The Written Laws (Miscellaneous Amendments) (No. 2) Act, 2024 Exhibit “B” ……………………………….…(Description of Exhibit) Has found/not ………………..……….……………. found been with Exhibit “C” ……………………………….…(Description of Exhibit) found/not Has ……………………………………… found been with Exhibit “D” ……………………………….…(Description of Exhibit) Has found/not ………………………...……………. found been with “E” ……………………………….…(Description of Exhibit Exhibit) Has found/not ……………………………………… been found with - 5 Verify source ↗
Amendment of section 17
AI-assisted research summary: The text is a form stating that an officer certifies having examined and analysed exhibits and sealed the relevant packets, envelopes, or containers.
5. Together with these findings, the report is accompanied with…………………………………………. (pictures, video etc) in………………………………………..(CD, DVD, Flash, hard disc, memory card etc). I ………………………………..…………….… (Name & Rank of the officer) Certify that I have examined and analysed the exhibit(s) with the above mentioned tools sealed the (whichever packet(s)/boxes applicable) to back and …………………….……………… (name of officer and Institution). /envelope(s)/container(s) handled signed Dated…………….………at…………………………………20…. ........................... ………..... Signature of the officer Authorising Officer: Name: Signature: Rank: ………………..…………… ……………….…………….. ………………………………” 12 No. 14 The Written Laws (Miscellaneous Amendments) (No. 2) Act, 2024 Constructi on Cap. 273 Amendme nt of section 57 Constructi on Cap. 54 Amendme nt of section 3 PART IV AMENDMENT OF THE e-GOVERNMENT ACT, (CAP. 273) - 27 Verify source ↗
Addition of Schedule
AI-assisted research summary: This section adds a new schedule after section 52.
27. The principal Act is amended by adding immediately after section 52 the following: “__________ SCHEDULE __________ (Made under section 8B(4)) PROVISIONS RELATING TO THE GOVERNING BOARD Tenure of office Termination of appointment Cessation of membership
Part
PART IV
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Construction
AI-assisted research summary: This Part must be read together with the e-Government Act, which is called the principal Act.
13. This Part shall be read as one with the e- Government Act, hereinafter referred to as the “principal Act”. - 14 Verify source ↗
Amendment of section 57
AI-assisted research summary: This section amends section 57(1) of the principal Act and changes the penalty for offences under paragraph (e).
14. The principal Act is amended in the closing phrase of section 57(1)- (a) in subparagraph (ii), by deleting the words “paragraphs (b), (e) and (g)” and substituting for them the words “paragraphs (b) and (g)”; and (b) by adding immediately after subparagraph (ii) the following: “(iii) in the case of offences under paragraph (e), be liable to a fine of not less than three million shillings but not exceeding fifty million shillings or to imprisonment for a term of not less than one year but not exceeding twenty years or to both.”. PART V AMENDMENT OF THE IMMIGRATION ACT, (CAP. 54)
Part
PART V
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Construction
AI-assisted research summary: This section says this Part must be read together with the Immigration Act.
15. This Part shall be read as one with the Immigration Act, hereinafter referred to as the “principal Act”. ““medical practitioner” has - 16 Verify source ↗
Amendment of section 3
AI-assisted research summary: This section amends section 3 of the principal Act by changing one definition and adding new definitions.
16. The principal Act is amended in section 3, by- (a) deleting the definition of the term “medical practitioner” and substituting for it the following: the meaning ascribed to it under the Medical, Dental and Allied Health Professionals Act and the Medical Practitioners and Dentists Act of Zanzibar;”; Cap. 152 Act No. 12 of 1999 (b) adding in the appropriate alphabetical order the following new definitions: ““illegal immigrant” means an alien immigrant who has violated any of the conditions 13 No. 14 The Written Laws (Miscellaneous Amendments) (No. 2) Act, 2024 of entry or residence in the United Republic; “order of departure” means an order issued in regulations made accordance with under this Act to an alien immigrant required to leave the United Republic; and “smuggling of immigrants” means the procuring of an alien immigrant in order to obtain, whether directly or indirectly, benefits for the purpose of illegal entry or exit of the alien immigrant from the United Republic;”. Addition of section 8B - 17 Verify source ↗
Addition of section 8B
AI-assisted research summary: This section amends the principal Act by inserting new text immediately after section 8A about a Governing Board of Training Academy.
17. The principal Act is amended by adding immediately after section 8A the following: “Governing Board of Training Academy - 8B Verify source ↗
(1) There shall be a
AI-assisted research summary: The Training Academy has a Governing Board that controls and supervises the Academy, and the Commissioner General appoints its seven members.
8B.-(1) There shall be a Governing Board of the Training Academy which be responsible for the general control and supervision of the Training Academy. shall (2) The Governing Board shall consist of the following seven members appointed by the Commissioner General: (a) a senior officer from a University, the Public who Chairperson; shall be (b) the Training Academy Commandant, who shall be the Secretary; (c) a senior member from security organ; (d) a retired senior immigration officer of the rank not below Deputy Commissioner of Immigration; 14 No. 14 The Written Laws (Miscellaneous Amendments) (No. 2) Act, 2024 (e) a senior officer from the Ministry responsible for foreign affairs; (f) a senior officer from the Office of the Second Vice President of the Revolutionary Government of Zanzibar; and (g) a senior officer from the Treasury office. (3) In appointing members the the Governing Board, of Commissioner General shall have regard to- (a) the need to have diversity of members requisite with and knowledge experience in immigration matters; and (b) academic qualification professional competencies. and (4) The provisions of the Schedule shall have effect as to the tenure and termination of members, proceedings and other the matters in its Governing Board members.”. to and relation Amendme nt of section 20
Part
Schedule shall have effect as to
- 18 Verify source ↗
Amendment of section 20
AI-assisted research summary: This section amends section 20(2) by replacing the word “and” with “or” between “still picture” and “audio”.
18. The principal Act is amended in section 20(2) by deleting the word “and” appearing between the words “still picture” and “audio” and substituting for it the word “or”. - 19 Verify source ↗
Amendment of section 23
AI-assisted research summary: This section amends section 23 so the Commissioner General must issue a prohibited immigrant notice to a prohibited immigrant, and may also issue an order of departure for specified integration or diplomatic purposes.
19. The principal Act is amended in section 23, by- 15 No. 14 The Written Laws (Miscellaneous Amendments) (No. 2) Act, 2024 Amendme nt of section 23 (a) adding immediately after subsection (1) the following: “(2) The Commissioner General shall, subject to subsection (1), issue a prohibited immigrant notice to any person who is a prohibited immigrant. (3) Notwithstanding subsection (2), the Commissioner General may, for purposes of fostering regional or multilateral integration, diplomatic ties or such other related purposes, issue an order of departure to any person who is a prohibited immigrant.”; and (b) renumbering subsection (2) as subsection (4). Amendme nt of section 28 - 20 Verify source ↗
Amendment of section 28
AI-assisted research summary: This section amends section 28 so that covered persons generally must not enter or stay in Tanzania unless they have one of the listed valid immigration documents, and anyone entering Tanzania from outside must also have a valid passport.
20. The principal Act is amended in section 28- (a) by deleting subsection (1) and substituting for it the following: “(1) Subject to subsections (3) and (4), a person to whom this section applies shall not enter Tanzania from any place outside Tanzania or remain in Tanzania unless- (a) he is in possession of a valid visa; (b) he is in possession of a valid pass; (c) he is a holder of a valid residence permit; or (d) he is in possession of, or his name is endorsed upon, a valid permit enrollment notification issued to the applicant prior to issuance of the valid permit.”; (b) by adding immediately after subsection (1) the following: “(2) Notwithstanding the provisions of subsection (1), a person who enters Tanzania from any place outside Tanzania shall be required to be in possession of a valid passport.”; (c) in subsection (5) by deleting the opening phrase and substituting for it the following: 16 No. 14 The Written Laws (Miscellaneous Amendments) (No. 2) Act, 2024 “(5) The provisions of paragraphs (a), (b) and (d) of subsection (1) and of subsection (2) shall apply to every person other than-”; (d) by deleting reference to subsection (5) wherever it appears in subsections (6) and (7) and substituting for it reference to subsection (6); and (2) renumbering subsections subsections (3) to (9) respectively. (8) as (e) by to Amendme nt of section 32 Amendme nt of section 37 Addition of section 42A - 21 Verify source ↗
Amendment of section 32
AI-assisted research summary: This section amends section 32 of the principal Act, including wording that a residence permit may be issued for up to two years and may be renewed.
21. The principal Act is amended in section 32- (a) by deleting subsection (2) and substituting for it the following: “(2) A residence permit may be issued for a period not exceeding two years and may be renewed.”; and Act No. 10 of 2023 (b) in subsection (4), by adding the words “or the Zanzibar Investment Act” immediately after the word “Act”. - 22 Verify source ↗
Amendment of section 37
AI-assisted research summary: This section changes section 37 by replacing a specific phrase about refusing or varying residence permits with the words “under this Act”.
22. The principal Act is amended in section 37 by deleting the phrase “refusing an application for a residence permit or varying the conditions or period of validity specified in the permit,” and substituting for it the words “under this Act”. - 23 Verify source ↗
Addition of section 42A
AI-assisted research summary: This section amends the principal Act by inserting new text immediately after section 42.
23. The principal Act is amended by adding immediately after section 42 the following: “Mode of application and issuance of documents of - 42A Verify source ↗
An application for,
AI-assisted research summary: Applications for an immigration document under the Act are to be made electronically, unless the Commissioner General determines another method.
42A. An application for, any the issuance and immigration document under this Act shall be done electronically or by such other means as the Commissioner General may determine.”. Amendme nt of section 45 - 24 Verify source ↗
Amendment of section 45
AI-assisted research summary: Section 45 is amended to add new failing-to-comply and failing-to-furnish offences, and to increase the penalty for the relevant subsection.
24. The principal Act is amended in section 45- (a) in subsection (1), by- (i) deleting the word “and” appearing at the end of paragraph (p); 17 No. 14 The Written Laws (Miscellaneous Amendments) (No. 2) Act, 2024 (ii) adding immediately after paragraph (p) the following: “(q) fails to furnish any information furnished by him under this Act; required list or be to (r) fails to comply with an order of the issued by departure Commissioner General; or”; (iii) renaming paragraph (q) as paragraph (s); and (b) in subsection (2), by deleting the words “or to imprisonment for a term not exceeding three years” and substituting for them the words “but not exceeding five million shillings or to imprisonment for a term not less than six months but not exceeding three years”. - 25 Verify source ↗
Amendment of section 46
AI-assisted research summary: This section amends section 46 by increasing the penalty wording and replacing “Attorney General” with “Director of Public Prosecutions” in subsection (2).
25. The principal Act is amended in section 46- (a) in the closing phrase of subsection (1), by deleting the words “or to imprisonment for a term of twenty years” and substituting for them the words “but not exceeding one hundred million shillings or to imprisonment for a term of not less than twelve years but not exceeding twenty years”; and (b) in subsection (2), by deleting the term “Attorney General” and substituting for it the term “Director of Public Prosecutions”. Amendme nt of section 46 Amendme nt of section 48 - 26 Verify source ↗
Amendment of section 48
AI-assisted research summary: This section amends section 48 of the principal Act, including adding a procedure for appeals and renumbering some paragraphs.
26. The principal Act is amended in section 48- (a) in subsection (1), by- (i) adding immediately after paragraph (o) the following: “(p) prescribing procedure for appeals; and (ii) renaming paragraphs (p), (q) and (r) as paragraphs (q), (r) and (s) respectively; (b) in subsection (2), by deleting the words “paragraph (a) to (q) of”. 18 No. 14 The Written Laws (Miscellaneous Amendments) (No. 2) Act, 2024 Addition of Schedule
Part
SCHEDULE
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2. Amendment of certain written laws
AI-assisted research summary: Board members serve for three years, may be re-appointed once for one further term, and may resign by written notice to the appointing authority.
1.-(1) Subject to the provisions of this Schedule, a member of the Governing Board shall hold office for a period of three years from the date of his appointment and he may be eligible for re-appointment for one further term. (1), a (2) Notwithstanding subparagraph member may resign at any time by giving notice in writing to the appointing authority and from the date specified in the notice or, if no date is so specified in the notice from the date of the receipt of the notice by the appointing authority, he shall cease to be a member. (3) A person who is a member by virtue of his office shall cease to be a member upon ceasing to hold the office by virtue of which he is a member. - 2 Verify source ↗
Amendment of certain written laws
AI-assisted research summary: If a Governing Board member misses three consecutive meetings without reasonable excuse, the Board must notify the appointing authority, who may end that member’s appointment and appoint a replacement.
2. Where a member of the Governing Board absents himself from three consecutive meetings of the Governing Board without reasonable excuse, the Governing Board shall advise the appointing authority of the fact and the appointing authority may terminate the appointment of that member and may appoint a new member in his place. - 3 Verify source ↗
Construction
AI-assisted research summary: The appointing authority may replace a Governing Board member who resigns, dies, cannot act, or is removed, and may appoint a temporary member when the absence or infirmity is temporary.
3.-(1) Where a member of the Governing Board ceases to be a member by resignation or death or is unable to perform his functions as a member by reason of his absence from the United Republic or by reason of any infirmity of body or mind or where the appointing authority terminates his appointment, the appoint appointing authority may 19 No. 14 The Written Laws (Miscellaneous Amendments) (No. 2) Act, 2024 another member in his place and the member so appointed shall, subject to the provisions of this Schedule hold office for the remainder of the term of his predecessor. (2) Where in the opinion of the appointing authority, the absence or infirmity of a member is of a temporary nature, may appoint a temporary member to take his place and that temporary member shall have, so long as he remains a temporary member, all the powers and functions of a member of the Governing Board: Provided that, on the resumption of office by the substantive member the temporary member shall cease to hold office. - 4 Verify source ↗
Amendment of section 3
AI-assisted research summary: The Governing Board must elect one of its members as Vice-Chairman.
4. The Governing Board shall elect one of its members to be the Vice- Chairman and a member elected as Vice- Chairman shall, subject to his continuing to be a member, hold office of Vice- Chairman for a term to be fixed by the Governing Board and shall be eligible for re- election after the end of that period. - 5 Verify source ↗
Amendment of section 17
AI-assisted research summary: The Chairman must preside at Board meetings; if absent, the Vice-Chairman must preside; if both are absent, members present may elect a temporary Chairman to preside.
5.-(1) The Chairman shall preside at all meetings of the Board. (2) Where at a meeting of the Chairman the Governing Board is absent, the Vice-Chairman shall preside. (3) In the absence of both the Chairman and the Vice-Chairman at a meeting of the Governing Board, the members present may, from amongst their number elect a temporary Chairman who shall preside at that meeting. (4) The Chairman, Vice-Chairman or temporary Chairman presiding at a meeting of the Governing Board, shall 20 Vice-Chairman Power of Chairman and Vice-Chairman No. 14 The Written Laws (Miscellaneous Amendments) (No. 2) Act, 2024 Meetings and procedure of Governing Board have a right to vote and, in the event of an equality of votes, shall have a casting vote in addition to his deliberative vote. the Chairman and - 6 Verify source ↗
Addition of Part IVA
AI-assisted research summary: The Governing Board ordinarily meets four times a year, and the Chairman may call an extraordinary meeting when needed. The Chairman may also invite a non-member to participate in deliberations, but that person cannot vote.
6.-(1) An ordinary meeting of the Governing Board, shall be convened by the notice specifying the place, date and time of the meeting shall be sent to each member at his usual place of business or residence not less than fourteen days before the date of such meeting. (2) The Governing Board shall ordinarily meet four times in a year, but the Chairman may an extraordinary meeting when the need to do so arises. convene (3) The Chairman of the Governing Board may invite any person who is not the a member deliberations of the Governing Board, provided that, such person shall not be entitled to vote. to participate in Quorum Decision by vote Decision by circulation of papers - 7 Verify source ↗
Amendment of section 30
AI-assisted research summary: A meeting of the Governing Board has a quorum only if at least one third of the members currently in office are present.
7. At a meeting of the Governing Board not less than one third of the members in office for the time being shall constitute a quorum. - 8 Verify source ↗
Amendment of section 31
AI-assisted research summary: At a Governing Board meeting, decisions are made by a majority of the votes of members present; if a member refuses or fails to vote, that counts as a negative vote.
8. All matters at a meeting of the Governing Board shall be determined by the majority of the votes of the members present, and where a member refuses or fails to vote on any matter, he shall be deemed to have cast a negative vote. - 9 Verify source ↗
Amendment of section 32
AI-assisted research summary: The Governing Board may make decisions without a meeting by circulating the papers and getting the majority’s written views. A member may require a decision under this paragraph to be deferred and taken up at a Governing Board meeting.
9.-(1) Notwithstanding the provisions of this Schedule, decisions may be made by the Governing Board without a meeting by circulation of the relevant papers among the members and the expression of the views of the majority thereof in writing. 21 No. 14 The Written Laws (Miscellaneous Amendments) (No. 2) Act, 2024 (2) A member of the Governing Board shall be entitled to require that a decision made under this paragraph be deferred and the subject matter be considered at a meeting of the Governing Board. - 10 Verify source ↗
Construction
AI-assisted research summary: The Governing Board must keep minutes of its meetings in a book for that purpose.
10.-(1) The Governing Board shall cause minutes of all proceedings of meetings of the Governing Board to be entered in a book kept for the purpose. (2) Subject to subparagraph (1), the minutes if purporting to be approved by the members of the Governing Board and signed by the Chairman on the next succeeding meeting of the Governing Board shall be evidence of such proceeding and until the contrary is proved, the meeting to which the minutes related shall be deemed to have been duly convened and all proceedings thereto have been duly transacted. - 11 Verify source ↗
Amendment of section 205A
AI-assisted research summary: A Governing Board act or proceeding is not invalid just because the board was not fully composed, a member’s appointment had a defect, or a member was disqualified or not entitled to act. The Board may also regulate its own proceedings.
11. An act or proceeding of the Governing Board shall not be invalid by reason of the number of members not being complete at the time of such act or proceedings or of any defect in the appointment of any member or the fact that any member was at the time disqualified or disentitled to act as such. Record of proceeding of Governing Board Proceedings not to be invalid by reason of irregularity Governing Board may regulate its proceedings - 12 Verify source ↗
Addition of Fifth Schedule
AI-assisted research summary: The Governing Board may regulate its own proceedings, but only subject to this Schedule.
12. Subject to the provisions of this Schedule, the Governing Board may regulate its proceedings.”. 22 No. 14 The Written Laws (Miscellaneous Amendments) (No. 2) Act, 2024 PART VI AMENDMENT OF THE MEDICAL STORES DEPARTMENT ACT, (CAP. 70) Constructi on Cap. 70
Part
PART VI
- 28 Verify source ↗
Construction
AI-assisted research summary: This Part is to be read together with the Medical Stores Department Act as the principal Act.
28. This Part shall be read as one with the Medical Stores Department Act, hereinafter referred to as the “principal Act”. Amendme nt of section 16A - 29 Verify source ↗
Amendment of section 16A
AI-assisted research summary: Section 16A is amended by deleting a specified phrase about conditions under the Trustee Investments Act.
29. The principal Act is amended in section 16A by deleting the phrase “subject to such conditions as may be prescribed under the Trustee Investments Act, in relation to investments of funds by trustees”. Constructi on Cap. 130 Amendme nt of section 2 PART VII AMENDMENT OF THE STANDARDS ACT, (CAP. 130)
Part
PART VII
- 30 Verify source ↗
Construction
AI-assisted research summary: This section says this Part must be read together with the Standards Act.
30. This Part shall be read as one with the Standards Act, hereinafter referred to as the “principal Act”. - 31 Verify source ↗
Amendment of section 2
AI-assisted research summary: This section amends section 2 of the principal Act by changing some existing definitions and adding new ones.
31. The principal Act is amended in section 2, by- (a) deleting interpretation the the of term “management”; (b) adding the words “through metrological traceability” at the end of definition of the term “National Measurement Standard”; (c) adding the words “for own use or trade or business purpose” at the end of definition of the term “commodity”; and (d) inserting in the appropriate alphabetical order the following new definitions: ““calibration” means operation that, under specified conditions, in a first step, establishes a relation between the quantity values with measurement the uncertainties and measurement corresponding with associated measurement uncertainties this in a second step, uses and standards indications provided by 23 No. 14 The Written Laws (Miscellaneous Amendments) (No. 2) Act, 2024 information to establish a relation for obtaining a measurement result from an indication; “food borne disease” means any disease, infectious or toxic in nature, caused or thought to be caused by consumption of contaminated food; “owner” means a person in possession or having control of, or power of disposition of, or importer, exporter, consignee, agent or, of commodity, product or service; “pre-packaged food” means food that is processed to extend its shelf life, packaged, labelled, and complying with specified standards ready for offer to the consumer and food supplements;”. includes Amendme nt of section 4 - 32 Verify source ↗
Amendment of section 4
AI-assisted research summary: This section amends section 4(1) of the principal Act by changing wording about quality control, adding “metrological,” replacing paragraph (f), and adding “standardisation” in paragraph (s).
32. The principal Act is amended in section 4(1)- (a) in paragraph (a), by deleting the words “quality control of commodities” and substituting for them the words “quality assurance, quality control and safety of commodities”; (b) in paragraph (b), by the word “metrological” between the words “and” and “traceability”; inserting (c) by deleting paragraph (f) and substituting for it the following: “(f) assist industries and institutions in setting up and implementing management systems standards and enforcing quality assurance, safety and quality control;”; and (d) in paragraph (s), by adding the words “metrology, the word immediately after product safety” “standardisation”. Amendme nt of - 33 Verify source ↗
Amendment of section 21A
AI-assisted research summary: This provision amends section 21A(4) by replacing a named body with “international recognised standardisation bodies”.
33. The principal Act is amended in section 21A(4) by deleting the words “the CODEX Almentarious Commission” 24 No. 14 The Written Laws (Miscellaneous Amendments) (No. 2) Act, 2024 section 21A and substituting for them the words “international recognised standardisation bodies”. Amendme nt of section 22 - 34 Verify source ↗
Amendment of section 22
AI-assisted research summary: This provision amends section 22 of the principal Act by replacing one phrase and adding “or licensed calibration laboratory” to subsection (3).
34. The principal Act is amended in section 22- (a) in subsection (2), by deleting the words “samples of any commodity” and substituting for them the words “reference measurement standards”; and (b) in subsection (3), by inserting the words “or licensed calibration laboratory” between the words “Bureau” and “for calibration”. Amendme nt of section 23 - 35 Verify source ↗
Amendment of section 23
AI-assisted research summary: This section amends section 23(2) by replacing “a certificate of appointment” with “an identity card”.
35. The principal Act is amended in section 23(2) by deleting the words “a certificate of appointment” and substituting for them the words “an identity card”. Amendme nt of section 24 - 36 Verify source ↗
Amendment of section 24
AI-assisted research summary: This section amends section 24, including a new power to seize certain commodities and a wording change from “the certificate” to “an identity card.”
36. The principal Act is amended in section 24- (a) in subsection (1), by- (i) inserting immediately after paragraph (e) the following: “(f) seize any commodity in respect of which he has reasonable cause to believe or the suspect commodity does not conform with the requirements prescribed by the Bureau;”; and standard or that (ii) renaming paragraphs (f) and (g) as paragraphs (g) and (h) respectively; and (b) in subsection (2), by deleting the words “the certificate” and substituting for them the words “an identity card”. Amendme nt of section 25 - 37 Verify source ↗
Amendment of section 25
AI-assisted research summary: This section amends section 25(1)(c) of the principal Act so that subparagraph (i) now requires corrective and preventive action or repair of the defective commodity.
37. The principal Act is amended in section 25(1)(c) by deleting subparagraph (i) and substituting for it the following: “(i) take corrective and preventive action or repair the defective commodity;”. Amendme nt of section 27 - 38 Verify source ↗
Amendment of section 27
AI-assisted research summary: This section replaces part of section 27 so that a person who breaks any provision with no specific penalty commits an offence and, on conviction, faces fines, imprisonment, or both.
38. The principal Act is amended in section 27, by- (a) deleting subsections (1) and (2) and substituting for them the following: 25 No. 14 The Written Laws (Miscellaneous Amendments) (No. 2) Act, 2024 “(1) A person who contravenes any of the provisions of this Act for which no specific penalty is provided, commits an offence and upon conviction shall be liable- (a) in case of a first offender, to a fine of not less than thirty percent but not exceeding fifty percent of the total market value or assessed value of the defective, substandard, unfit, unregistered product or commodity or any commodity or product to which the percentage applies or a fine of fifty million shillings, to whichever imprisonment for a term of not less than six months but not exceeding one year or to both; is greater, or substandard, (b) in case of a second or subsequent offender, to a fine of not less than fifty percent of the total market value or assessed value of the unfit, defective, unregistered product or commodity or any commodity or product to which the percentage applies or a fine of eighty million shillings, whichever to imprisonment for a term of not less than one year but not exceeding three years or to both; and is greater, or the (c) in case of an offence which percentage defective, of substandard, unfit, unregistered product or commodity or any commodity or product does not apply, to a fine of not less than ten million shillings or to imprisonment for a term of not less than six months or to both.”; and (b) renumbering subsection (3) as subsection (2). 26 No. 14 The Written Laws (Miscellaneous Amendments) (No. 2) Act, 2024 Amendme nt of section 36 - 39 Verify source ↗
Amendment of section 36
AI-assisted research summary: This section amends section 36 and allows regulations and by-laws to set a penalty where no specific penalty is provided.
39. The principal Act is amended in section 36- (a) in subsection (3), by the words “advertisement of food or cosmetics” between the words “with” and “premise” appearing in paragraph (e); and inserting (b) by deleting subsection (4) and substituting for it the following: “(4) The regulations and by-laws made under this Act may, where no specific penalty is provided, provide for a penalty not exceeding a fine of thirty percent of the total market value or assessed value of the product or commodity to which the percentage applies or a term of imprisonment of not less than six months but not exceeding three years or to both.”. PART VIII AMENDMENT OF SHERIA YA TUME YA MIPANGO, (CAP. 127) Constructio n Cap.127
Part
PART VIII
- 40 Verify source ↗
Construction
AI-assisted research summary: This section says Part 40 must be read together with the principal Act.
40. This Part shall be read as one with the Sheria ya Tume ya Mipango, hereinafter referred to as the “principal Act”. General amendmen t Amendme nt of section 5 - 41 Verify source ↗
General amendment
AI-assisted research summary: This provision generally amends the principal Act by replacing “Tume ya Mipango” with “Tume ya Taifa ya Mipango” in several parts of the Act.
41. The principal Act is generally amended in the long title, section 1, in the definition of the term “Tume” appearing in section 3, heading to Part II and section 4(1) by deleting the words “Tume ya Mipango” and substituting for them the words “Tume ya Taifa ya Mipango”. - 42 Verify source ↗
Amendment of section 5
AI-assisted research summary: This provision amends section 5 of the principal Act, including changing some words, adding a new subsection, and renumbering later subsections.
42. The principal Act is amended in section 5- (a) In subsection (1), by- (i) deleting the word “sita” appearing in the opening phrase and substituting for it the word “nane”; (ii) adding the words “ambaye atakuwa Makamu Mwenyekiti” immediately after the word “taifa” appearing at the end of paragraph (a); and 27 No. 14 The Written Laws (Miscellaneous Amendments) (No. 2) Act, 2024 (iii) deleting the word “wanne” appearing in paragraph (c) and substituting for it the word “sita”; (b) by adding immediately after subsection (1) the following: “(2) Katibu Mkuu Kiongozi, Mwanasheria Mkuu wa Serikali, Katibu Mkuu wa Wizara yenye dhamana na masuala ya mipango ya maendeleo ya taifa na Katibu Mkuu wa Wizara yenye dhamana na masuala ya fedha watashiriki vikao vya Tume kwa nyadhifa zao.”; and (c) by renumbering subsections (2) subsections (3) to (6) respectively. to (5) as Passed by the National Assembly on the 3rd September, 2024 NENELWA JOYCE MWIHAMBI. Clerk of the National Assembly 28
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The Written Laws (Miscellaneous Amendments) (No. 2) Act, 2024
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