The Written Laws (Miscellaneous Amendments) (No. 3) Act, 2016
This provision says the Act may be cited as the Written Laws (Miscellaneous Amendments) (No. 3) Act, 2016.
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About this statute
This provision says the Act may be cited as the Written Laws (Miscellaneous Amendments) (No. 3) Act, 2016. This section says the Written Laws listed in the Act are amended as set out in their own Parts. This Part is to be read together with the Civil Aviation Act. This provision amends the principal Act by inserting a new section after section 10 titled “Power to detain and search aircraft.” The Director-General may detain, inspect, board, or recall an aircraft in flight if there are reasonable grounds to suspect a contravention of the Act or that the aircraft contains evidence of an offence.
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Provisions of The Written Laws (Miscellaneous Amendments) (No. 3) Act, 2016
Showing 65 of 65
Part
PART I
- 1
AI-assisted research summary: This provision says the Act may be cited as the Written Laws (Miscellaneous Amendments) (No. 3) Act, 2016.
1. This Act may be cited as the Written Laws (Miscellaneous Amendments) (No. 3) Act, 2016. Amendment of certain written laws - 2
AI-assisted research summary: This section says the Written Laws listed in the Act are amended as set out in their own 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 CIVIL AVIATION ACT, (CAP. 80) Construction Cap. 80
Part
PART II
- 3
AI-assisted research summary: This Part is to be read together with the Civil Aviation Act.
3. This Part shall be read as one with the Civil Aviation Act, hereinafter referred to as the “principal Act”. 5 No. 13 Written Laws (Miscellaneous Amendments) (No.3) 2016 Addition of a new section 10A - 4
AI-assisted research summary: This provision amends the principal Act by inserting a new section after section 10 titled “Power to detain and search aircraft.”
4. The principal Act is amended by adding immediately after section 10 the following new section: “Power to detain and search aircraft - 10A Verify source ↗
Where
AI-assisted research summary: The Director-General may detain, inspect, board, or recall an aircraft in flight if there are reasonable grounds to suspect a contravention of the Act or that the aircraft contains evidence of an offence.
10A. Where the Director-General has reasonable grounds to suspect that an aircraft is used in contravention of this Act or that it contains any matter which may be used as evidence in respect of an offence under this Act, the Director General may detain, inspect, board on or recall that aircraft in flight.” Addition of new sections 11A and 11B - 5
AI-assisted research summary: This provision amends the principal Act by inserting new sections after section 11.
5. The principal Act is amended by adding immediately after section 11 the following new sections: “Transfer of responsibility -ties to another state - 11A Verify source ↗
Notwithstanding any
AI-assisted research summary: The Authority may make agreements with the appropriate foreign civil aviation authority to transfer or receive responsibility for certain aircraft operations.
11A. Notwithstanding any provision of this Act, the Authority may, by agreement made with the appropriate foreign civil aviation authority under the Chicago Convention: (a) (b) to the transfer concerned civil aviation authority of another state, all or part of the Authority’s responsibilities for a Tanzania registered aircraft operated by a foreign operator; or vest in the Authority all or part of the responsibilities of the civil aviation authority of another state for an aircraft 6 No. 13 Written Laws (Miscellaneous Amendments) (No.3) 2016 by that registered state and operated by a Tanzania operator. Aircraft in distress (a) subject
Part
part of the Authority’s
- 11B Verify source ↗
Where an aircraft is
AI-assisted research summary: When an aircraft is in distress in the Authority’s territory, the Authority must provide necessary assistance and search for a missing aircraft using its coordinated measures.
11B. Where an aircraft is in distress within the territory of the Authority, the Authority shall- to permit, its own control by authorities, the owners of the aircraft or authorities of the state the in which aircraft is registered such provide to measures of assistance as may be necessitated by the circumstances rendering the distress; in the case where the aircraft is missing, the missing search aircraft in line with the coordinated measures prescribed by the Authority; or provide any other necessary assistance.” (b) (c) Addition of new sections 19A and 19B - 6
AI-assisted research summary: This section amends the principal Act by inserting a new section after section 19 about revocation and suspension of certificates.
6. The principal Act is amended by adding immediately after section 19 the following new section: “Revocation and suspension of certificates - 19A Verify source ↗
Where the Director
AI-assisted research summary: If the Director-General reasonably believes a person has violated the Act, the Director-General may order that the person’s licence, certificate, or authorization privileges be prohibited, suspended, revoked, or varied.
19A. Where the Director- General has reasonable grounds to believe that any person has violated this Act, he may make an 7 No. 13 Written Laws (Miscellaneous Amendments) (No.3) 2016 order to prohibit, suspend, revoke or vary the privileges of a licence, other certificate authorization the issued Authority to that person. any by or Inspection - 19B Verify source ↗
For the purpose of
AI-assisted research summary: The Authority may enter and inspect aircraft and related aviation places and records for aviation safety, security, consumer protection, and other authorized purposes.
19B. For the purpose of ensuring aviation safety, security, consumer protection and for any the other Authority the Authority shall have unrestricted access to inspect- for which established, reasons is aircraft (a) any in territory Tanzanian regardless of its state of registry; (b) Tanzania registered it aircraft wherever may be; flight compartment; aerodrome used for aviation civil operations; facilities and aircraft accident sites; of any premises regulated agent or premises of the holder service of an air licence, certificate, authorization; or other approval document issued by the Authority or any information records, (c) (d) (e) (f) (g) 8 No. 13 Written Laws (Miscellaneous Amendments) (No.3) 2016 and explanation.” Amendment of section 26 - 7 Verify source ↗
Short title
AI-assisted research summary: When providing air navigation services, the Authority must keep its regulatory functions distinct from its operational functions.
7. The principal Act is amended in section 26, by adding a new subsection (7) immediately after subsection (6) as follows: “(7) In providing air navigation services, the Authority shall ensure that a clear distinction its regulatory and and separation between operational functions is maintained.” PART III AMENDMENT OF THE ENVIRONMENTAL MANAGEMENT ACT, (CAP.191) Construction Cap. 191 Amendment of section 16
Part
PART III
- 8 Verify source ↗
Construction
AI-assisted research summary: This Part must be read together with the Environmental Management Act, which is called the principal Act.
8. This Part shall be read as one with the Environmental Management Act, hereinafter referred to as the “principal Act”. - 9
AI-assisted research summary: The Council must notify the Attorney General about any pending suit or an intention to start a suit or matter involving the Council. The Attorney General has the right to intervene in such matters.
9. The principal Act is amended in section 16, by adding immediately after subsection (2) the following new subsections: Cap. 5 “(3) Notwithstanding the provisions of this section, the Attorney General shall have the right to intervene in any suit or matter instituted by, or against the Council. (4) Where the Attorney General intervenes in any matter pursuant to subsection (3), the Government Proceedings Act shall apply in relation to the proceedings of that suit or matter as if it had been instituted by, or against the Government. the provisions of (5) For the purposes of subsections (3) and (4), the Council shall have a duty to notify the Attorney General of any pending suit or intention to institute a suit or matter by, or against the Council.” 9 No. 13 Written Laws (Miscellaneous Amendments) (No.3) 2016 Amendment of section 42 - 10
AI-assisted research summary: Local government authorities must submit environmental action plans to the Minister for their areas of jurisdiction.
10. The principal Act is amended in section 42, by adding immediately after subsection (2) the following: “(3) Local government authorities shall submit to the Minister environmental action plans prepared in respect of their areas of jurisdiction.” Amendment of section 57 by- Amendment of section 184 by - - 11
AI-assisted research summary: This provision amends section 57 so that the 60-meter measurement is worked out from the highest water mark for oceans and natural lakes, and from the banks for rivers, water dams, and reservoirs.
11. The principal Act is amended in section 57, (a) adding immediately after subsection (1) the following new subsections: “(2) For the purposes of subsection (1), the computation of sixty meters shall be reckoned: (a) in the case of ocean or a natural lake, from the highest water mark; and (b) in the case of rivers, water dams or reservoirs, from the banks. (3) In this section, “highest water mark” means the level reached by sea or lake water at high tide. (b) renumbering subsection (2) as subsection (4).” - 12
AI-assisted research summary: Failing or refusing to conduct a mandatory Environmental Impact Assessment is an offence, and conviction can lead to a fine, imprisonment, or both.
12. The principal Act is amended in section 184 (a) (b) (a) paragraph designating its contents as subsection (1); deleting in appearing subsection (1) as designated and substituting for it the following - “(a) refuses fails or to conduct an Environmental Impact Assessment study in respect of a project for which is mandatory, the commits an offence;” assessment 10 No. 13 Written Laws (Miscellaneous Amendments) (No.3) 2016 (c) adding immediately after subsection (1) as designated the following- (2) Where the offence committed is that of failing or refusing to conduct an Environmental Impact Assessment study, the offender shall, upon conviction, be liable to a fine of not less than five million shillings but not exceeding one billion shillings or to imprisonment for a term of not less than two years but not exceeding seven years or to both.” Amendment of section 187 - 13
AI-assisted research summary: This provision changes the penalty wording in section 187(1) from a range of three million to fifty million shillings to a range of five million to ten billion shillings.
13. The principal Act is amended in section 187(1), by deleting the words “not less than three million shillings but not exceeding fifty million shillings” and substituting for them the words “not less than five million shillings but not exceeding ten billion shillings” Amendment of section 191 - 14
AI-assisted research summary: This provision amends section 191 by replacing “fifty million” with “one billion”.
14. The principal Act is amended in section 191, by deleting the words “fifty million” and substituting for them the words “one billion”. Amendment of Fourth Schedule - 15
AI-assisted research summary: The Board of Trustees may invite a non-member to join its meeting deliberations, but that invited person cannot vote.
15. The principal Act is amended in paragraph 1 the following the Fourth Schedule, by adding of subparagraph: “(3) The Board of Trustees may invite any person who is not a member to participate in the deliberations of any meeting of the Board of Trustees, but any person so invited shall not be entitled to vote.” 11 No. 13 Written Laws (Miscellaneous Amendments) (No.3) 2016 PART IV AMENDMENT OF THE HIGHER EDUCATION STUDENTS’ LOANS BOARD ACT, (CAP. 178) Construction Cap. 178
Part
PART IV
- 16
AI-assisted research summary: This part must be read together with the Higher Education Students’ Loans Board Act.
16. This Part shall be read as one with the Higher Education Students’ Loans Board Act, hereinafter referred to as the “principal Act”. Amendment of section 5 by- - 17
AI-assisted research summary: This section changes how the Board is made up and requires the Minister to consider gender balance when appointing members.
17. The principal Act is amended in section 5, (a) deleting subsections substituting for them the following: (1) and (2) and “(1) The Board shall consist of a Chairman who shall be appointed by the President and eight other members to be appointed by the Minister as follows: (a) one member representing the Ministry responsible for higher education; (c) the from responsible (b) a member Treasury; a Law Officer representing the Attorney General; (d) a member representing the for Ministry finance in the Revolutionary Government of Zanzibar; (e) one member representing the National Council for Technical Education; one member representing the Ministry responsible for the higher education Revolutionary Government of Zanzibar; in (f) 12 No. 13 Written Laws (Miscellaneous Amendments) (No.3) 2016 (g) one representative from students’ higher of umbrella association learning institutions; and (h) one member representing the Tanzania Commission for Universities.” in (2) The Minister appointing members of the Board, have regard to gender balance.” shall, “Amendment of section 19 - 18
AI-assisted research summary: Loan beneficiaries must start repayment after studies end, with a two-year start deadline, and must follow reporting and deduction rules if employed or self-employed.
18. The principal Act is amended in section 19, by and (3),(4),(5),(6) and (7) deleting subsections substituting for them the following: “(3) Repayment of loan shall become due after completion of studies in respect of which the loan was granted or where studies are terminated for any reason: Provided that, the beneficiary shall be obliged to commence repayment of loan after the period of two years upon completion or termination of his studies. (4) Without prejudice to subsection (3), the beneficiary may commence repayment of loan at any time immediately after completion or termination of his studies. (5) The Minister may make regulations prescribing the period and the manner of repayment of loans under this section. beneficiary who secures (6) A employment shall: (a) have the duty to notify the employer that he is a loan beneficiary; (b) ensure that arrangement is made with the employer for deduction of monthly 13 No. 13 Written Laws (Miscellaneous Amendments) (No.3) 2016 that shall installment fees, principal, any penalties from the salary of beneficiary; the include charges or the (c) ensure that payments of monthly deduction by the employer are remitted to the Board from the date such remittance is due and that the loan deduction schedule bear the name loan number, of employment cheque number number or any other identity of the beneficiary as may be required; (d) inform the Board in writing of: the beneficiary, or (i) name, address, employer’s telephone number and other necessary details; (ii) any change of names; (iii) the the beneficiary and any subsequent changes of address; and address of current (iv) anything that may be prescribed by the Board in accordance with this Act. (7) A beneficiary who engages in self- trade, occupation or a employment, any profession shall: (a) arrange with the Board about the installments and period the beneficiary shall amount or during which make remittance to the Board; (b) ensure that the remittance of monthly installment the Board is made bearing the correct name, address and the loan number; inform the Board of the: (c) to 14 No. 13 Written Laws (Miscellaneous Amendments) (No.3) 2016 (i) (ii) occupational current postal and physical address; residential and addresses; (iii) telephone numbers; and (iv) any subsequent changes of such particulars; (d) comply with any other requirement as may be prescribed by the Board under this Act. (8) For the purpose of subsection (5)(a), the amount payable by a self-employed beneficiary on monthly basis shall not be less than one hundred thousand shillings or ten percent of the taxable income, whichever amount is greater. (9) Subsection (4) shall apply mutatis mutandis to any beneficiary who is under employment of a foreign government, an international organisation, a company, an agency or an association of any description. (10) For the purposes of subsection (7), the expression: (a) “foreign government” an Embassy, a High Commission, or a resident representative of a foreign government; includes (b) “foreign company, or association” includes any company, agency or association not incorporated and or registered in Tanzania law; and agency (c) “international organisation” includes organisations within the United Nations Organisation.” Repeal of sections 20 and 21 - 19
AI-assisted research summary: This provision amends the principal Act by repealing sections 20 and 21 and replacing them with new text.
19. The principal Act is amended by repealing sections 20 and 21 and replacing them with the following: 15 No. 13 Written Laws (Miscellaneous Amendments) (No.3) 2016 “Obligation of employer - 20
AI-assisted research summary: Employers must report certain employees to the Board, deduct and remit loan repayments, and update the Board on changes; the Board may inspect relevant records.
20.-(1) For the purpose of identifying beneficiaries under this Act, every employer shall- (a) notify the Board on employment of any person who is a holder of degree or diploma, within twenty eight days from the date on which is employed; such person (b) upon confirmation from the the person Board that named in the notification is a loan beneficiary, deduct monthly installments of not less than fifteen percent of basic salary, wages or of remuneration the the case beneficiary, as may be; (c) treat deduction as statutory and make such deductions as first charge over non statutory deductions; and (d) inform the Board in writing of the status and rank of employment any subsequent changes in the name, address, occupation and salary of the person who is a beneficiary. and deduction (2) The employer shall remit every the beneficiary’s salary, wages or remuneration to the Board within fifteen days after the end of each from 16 No. 13 Written Laws (Miscellaneous Amendments) (No.3) 2016 month. (3) The Board or its agent shall, after notifying the employer, have power to inspect any relevant for record of searching beneficiaries’ information. employer the the Failure of employer to make deductions or remittance (4) Where an employer fails without reasonable excuse to notify the Board that he has, in his employment a beneficiary within a that employer specified period, commits an offence and shall, on conviction be liable to a fine of not less than one million shillings.” - 21
AI-assisted research summary: An employer that fails to deduct or remit deductions to the Board may face a monthly charge, and certain conduct can also be an offence with conviction penalties.
21.-(1) Where the employer fails to deduct or after making deduction from a beneficiary fails to remit such deductions to the Board within prescribed period, the Board shall charge a sum of equal to ten percent of the total amount of the loan amount which is due for repayment for the each month during which repayment remains unremitted. the (2) Where the employer fails to remit monthly installments after deducting and is otherwise unable to pay the charge imposed under subsection (1), commits an offence and is liable on conviction to a fine of not less than the amount to unremitted imprisonment for a term of not less or 17 No. 13 Written Laws (Miscellaneous Amendments) (No.3) 2016 than thirty six months. (3) Notwithstanding any other law to the contrary, where an employer is a body corporate, the chief executive officer or any other accountable officer of such body shall be personally liable for the penalty. (4) Any person who obstructs an employee of the Board or its appointed agent from doing any act authorized by this Act, commits an offence and is liable on conviction, to a fine of seven million not shillings or to imprisonment for a term of not twelve months or both.” less than than less Amendment of the Schedule - 20
AI-assisted research summary: The Board may co-opt a person to help on matters needing that person’s skills, expertise, or advice, but the co-opted person cannot vote in Board meetings.
20. The principal Act is amended in paragraph 4 immediately after inserting of the Schedule by subparagraph (6) the following: “(7) The Board may co-opt any person to assist the Board on deliberation of any issue or matter that requires the person’s skills, expertise or advice, but the co-opted person shall have no right to vote in any meeting of the Board.” PART V AMENDMENT OF THE PUBLIC SERVICE ACT, (CAP. 298) Construction Cap. 298
Part
PART V
- 21
AI-assisted research summary: This Part must be read together with the Public Service Act, which is called the principal Act here.
21. This Part shall be read as one with the Public Service Act, hereinafter referred to as the “principal Act”. 18 No. 13 Written Laws (Miscellaneous Amendments) (No.3) 2016 Amendment of section 3 Amendment of section 8 - 22
AI-assisted research summary: This amendment adds a definition for “Recruitment Secretariat” as the Public Secretariat Service established under section 29.
22. The principal Act is amended in section 3, by the the appropriate alphabetical order inserting in following new definition: “Recruitment Secretariat” means the Public Secretariat Service established under section 29;” Recruitment - 23
AI-assisted research summary: This provision amends section 8(3) of the principal Act by adding a new paragraph about rationalizing and harmonizing salaries, allowances, and fringe benefits in the Service, and by renumbering later paragraphs.
23. The principal Act is amended in section 8(3), by- (a) (b) inserting immediately after paragraph (c) the following- “(d) rationalize and harmonize salaries, allowances and fringe benefits in the Service;” renaming paragraphs paragraphs (f) to (i) respectively. (h) as (e) to Addition of sections 9A - 24
AI-assisted research summary: This section amends the principal Act by adding new sections immediately after section 9.
24. The principal Act is amended by adding immediately after section 9, the following new sections- “Approval of Salary and incentives to - 9A Verify source ↗
(1) Notwithstanding
AI-assisted research summary: The Permanent Secretary, President’s Office (Establishment) is the approving authority for salaries, allowances, incentives, and fringe benefits in government and public institutions, except for listed bodies.
9A.-(1) Notwithstanding the provisions of any other written the contrary, salaries, laws allowances, incentives and fringe benefits in the Government and public be shall the Permanent approved Secretary, President’s Office (Establishment). institutions by (2) Subsection (1) shall not apply to: (a) (b) (c) the National Assembly; the Judiciary; the Tanzania People’s Defence Force; 19 No. 13 Written Laws (Miscellaneous Amendments) (No.3) 2016 (d) (e) (f) (g) Police Force, the Tanzania Immigration Service Department and Prisons Service; the National Service; the Fire and Rescue Service; and the Intelligence Security Service.” Tanzania and Amendment of section 20 by: - 25
AI-assisted research summary: This provision amends the principal Act by changing section 20(1), deleting paragraph (c), renaming paragraphs (c) and (d), and adding a new section 32A.
25. The principal Act is amended in section 20(1), (a) (b) deleting paragraph (c); and (d) and renaming paragraphs paragraphs (c) and (d) respectively. (e) as Addition of new section 32A - 26
AI-assisted research summary: This section amends the principal Act by inserting a new section after section 32 titled “Remedies under labour laws.”
26. The principal Act is amended by adding immediately after section 32, the following new section: “Remedies under labour laws - 32A Verify source ↗
A Public servant
AI-assisted research summary: A public servant must exhaust all remedies provided under this Act before seeking remedies, though the text is partly unclear.
32A. A Public servant shall, prior to seeking remedies laws, in provided exhaust all remedies as provided for under this Act.” labour for Repeal of section 34 - 27
AI-assisted research summary: This provision amends the principal Act by repealing section 34 and replacing it with new text.
27. The principal Act is amended by repealing section 34, and substituting for it the following: dies - 34
AI-assisted research summary: A public servant who suffers an occupational disease must be compensated under the Workers Compensation Act.
34.-(1) A public servant who suffers occupational disease or of employment, shall be compensated in accordance with the Workers Compensation Act. course the in “Compensa- tion for occupational disease and death Cap. 263 20 No. 13 Written Laws (Miscellaneous Amendments) (No.3) 2016 (2) For the purpose of this section “occupational disease” shall have a meaning to it under the Workers Compensation Act.” Amendment of section 35 by: - 28 Verify source ↗
Amendment of section 16
AI-assisted research summary: This section changes section 35(2) of the principal Act by replacing a semicolon at the end of paragraph (d) with a full stop and deleting paragraph (e).
28. The principal Act is amended in section 35(2) (a) (b) deleting “semi colon” appearing at the end of paragraph (d) and substituting for it a “full stop”; and deleting paragraph (e). PART VI AMENDMENT OF THE PUBLIC SERVICE (NEGOTIATING MACHINERY) ACT, (CAP. 105) Construction Cap. 105 Amendment of section 4
Part
PART VI
- 29 Verify source ↗
Construction
AI-assisted research summary: This section says this Part must be read together with the Public Service (Negotiating Machinery) Act.
29. This Part shall be read as one with the Public Service (Negotiating Machinery) Act, hereinafter referred to as the “principal Act”. - 30
AI-assisted research summary: This provision amends the principal Act and requires the Minister to appoint a secretary of the Joint Staff Council from the respective service scheme.
30. The principal Act is amended: (a) in section 4(3), by deleting the words “and the secretary” appearing in paragraph (b); and by inserting immediately after subsection (4) the following new subsection: (b) “(5) The Minister shall appoint a secretary of the Joint Staff Council from the respective service scheme.” Repeal of section 11 - 31 Verify source ↗
Amendment of section 4
AI-assisted research summary: This provision amends the principal Act by repealing section 11.
31. The principal Act is amended by repealing section 11. 21 No. 13 Written Laws (Miscellaneous Amendments) (No.3) 2016 PART VII AMENDMENT OF THE SURFACE AND MARINE TRANSPORT REGULATORY AUTHORITY ACT, (CAP.413) Construction Cap. 413
Part
PART VII
- 32
AI-assisted research summary: This provision says this Part must be read together with the Surface and Marine Transport Regulatory Authority Act, and it notes the addition of a new section 40A.
32. This Part shall be read as one with the Surface and Marine Transport Regulatory Authority Act, hereinafter referred to as the “principal Act”. Addition of new section 40A - 33 Verify source ↗
Construction
AI-assisted research summary: This section amends the principal Act by inserting a new section after section 40.
33. The principal Act is amended by adding immediately after section 40 the following new section: “Compo- unding of offences this Act, - 40A Verify source ↗
(1) Notwithstanding the
AI-assisted research summary: The Authority may compound certain offences before a court hearing starts, set a payment up to half the fine, and charge prescribed interest if the order is not paid on time.
40A.-(1) Notwithstanding the provisions of this Act relating to penalties, where a person admits in writing that he has commited an offence under the Authority may, at any time prior to the comencement of the hearing by a court of competent jurisdiction, compound such offence and order such person to pay sum of money, not exceeding one half of the amount of the fine to which such person would otherwise have been liable if he had been convicted of such offence. to pay (2) Where an offence is compounded in accordance with subsection (1) and proceeding 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 the offence with which offender is charged has been compounded under sub-section (1). 22 No. 13 Written Laws (Miscellaneous Amendments) (No.3) 2016 is (3) Where any person agrieved by any order under sub- section (1), he may within the prescibed period, appeal against such order to the High Court and the provisions of the Criminal to Proceedure Act shall apply every such appeal as if it were an appeal against sentence passed by a district court in the exercise of its original jurisdiction. (4) Where the person fails to comply with the order issued under this section within the prescribed period, the Authority: (a) shall, in addition to the sum ordered, require the person to pay an interest at the rate prescribed in the regulations; and (b) may enforced the order in the same manner as a decree of a court for the payment of the amount stated in the order. (5) The Minister shall make Regulations prescribing offences to be compounded and procedure for compounding of offences under this Act.” 23 No. 13 Written Laws (Miscellaneous Amendments) (No.3) 2016 PART VIII AMENDMENT OF THE TRANSPORT LICENSING ACT, (CAP. 317) Construction Cap. 317 Amendment of section 11
Part
PART VIII
- 34
AI-assisted research summary: This Part must be read together with the Transport Licensing Act, which is called the principal Act here.
34. This Part shall be read as one with the Transport Licensing Act, hereinafter referred to as “principal Act”. - 35 Verify source ↗
Construction
AI-assisted research summary: This section changes the fines for first and repeat offences under section 11(6).
35. The principal Act is amended in section 11(6) by deleting the phrase “in the case of first offence, to a fine not exceeding fifty thousand shillings, and in the case of second or subsequent offence to a fine not exceeding one hundred shillings” and substituting for it the phrase “in the case of first offence, to a fine of two hundred thousand shillings and in the case of second or subsequent offence to a fine of not less than two hundred and fifty thousand shillings but not exceeding five hundred thousand shillings.” thousand Amendment of section 35 by- - 36
AI-assisted research summary: This section amends section 35(1) of the principal Act by changing the wording of two fine amounts.
36. The principal Act is amended in section 35(1), (a) (b) deleting the words “ not exceeding ten” appearing between the words “fine” and “thousand” and substituting for them the words “of not less than two hundred”; and deleting the words “exceeding twenty” appearing between the words “not” and “thousand” and substituting for them the words “five hundred”. Amendment of section 41 by- - 37
AI-assisted research summary: This provision amends section 41 of the principal Act by replacing several threshold words in subsections (1) and (2).
37. The principal Act is amended in section 41, 24 No. 13 Written Laws (Miscellaneous Amendments) (No.3) 2016 (a) (b) deleting the words “exceeding fifty” and “exceeding five” wherever they appear in subsection (1) and substituting for them the words “less than five hundred” and “less than two” respectively; and deleting the words “exceeding twenty” and “exceeding two” wherever they appear in subsection (2) and substituting for them the words “less than two hundred” and “less than two” respectively. Amendment of section 47A - 38 Verify source ↗
Amendment of section 35
AI-assisted research summary: This section amends the principal Act by inserting a new section 47A after section 47.
38. The principal Act is amended by adding immediately after section 47, a new section 47A as follows: - 47A Verify source ↗
(1)
AI-assisted research summary: The Authority may compound an admitted offence before the court hearing starts and order payment of up to half the fine; an aggrieved person may appeal, and the Minister must make regulations for compounding offences.
47A.-(1) Notwithstanding the provision of this Act relating to penalties, where a person admits in writing that he has commited an offence under this Act, the Authority may, at any time prior to the comencement of the hearing by a court of competent jurisdiction, compound such offence and order such person to pay 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. “Compounding of offences 25 No. 13 Written Laws (Miscellaneous Amendments) (No.3) 2016 for (1) in subsection (2) Where an offence is accordance compounded with and proceeding are brought against the offender 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 sub-section (1). (3) Where any person is agrieved by any order under sub-section (1), he may within the prescibed period, appeal against such order to the High Court and the provisions of the Criminal Proceedure Act shall apply to every such appeal as if it were an appeal against sentence passed by a district court in the exercise of its original jurisdiction. (4) Where the person fails to comply with the order issued under this section within the prescribed period, the Authority: 26 No. 13 Written Laws (Miscellaneous Amendments) (No.3) 2016 (a) shall, in addition to the sum ordered, require the person to pay an interest at rate the prescribed in the regulations; and (b) may enforced the order in the same manner as a decree of a court for the payment of the amount stated in the order. (5) The Minister shall make regulations prescribing offences to be compounded and procedure for compounding of offences under this Act.” PART IX AMENDMENT OF THE TREASURY REGISTRAR (POWERS AND FUNCTIONS) ACT, (CAP. 370) Construction Cap. 370
Part
PART IX
- 39
AI-assisted research summary: This section says this Part is to be read together with the named principal Act and indicates an amendment of section 3.
39. This Part shall be read as one with the (Powers and Functions) Act, Treasury Registrar hereinafter referred to as the “principal Act”. Amendment of section 3 - 40 Verify source ↗
Construction
AI-assisted research summary: The Attorney-General may intervene in suits involving the Treasury Registrar, and the Treasury Registrar must notify the Attorney-General about impending or intended suits.
40. The principal Act is amended in section 3 by adding immediately after subsection (2) the following new subsections: 27 No. 13 Written Laws (Miscellaneous Amendments) (No.3) 2016 “(3) Notwithstanding the provisions of this section, the Attorney-General shall have the right to intervene in any suit or matter instituted by, or against the Treasury Registrar. Cap. 6 (2), (4) Where in any matter the Attorney General in pursuance of intervenes subsection the Government Proceedings Act shall apply in relation to the proceedings of that suit or matter as if it had been instituted by, or against the Government. provisions the of (5) For the purposes of subsections (3) and (4), the Treasury Registrar shall have a duty to notify the Attorney General of any impending suit or intention to institute a suit or matter by, or against the Treasury Registrar.” PART XI AMENDMENT OF THE WEIGHTS AND MEASURES ACT, (CAP. 340) Construction Cap. 340 General amendments
Part
PART XI
- 41
AI-assisted research summary: This section says Part 41 must be read together with the Weights and Measures Act.
41. This Part shall be read as one with the Weights and Measures Act, hereinafter referred to as the “principal Act”. - 42 Verify source ↗
Construction
AI-assisted research summary: This section updates the Act’s wording and adds a new definition of “container”.
42. The principal Act is amended generally by- the words (a) “weighing instrument” wherever and deleting measuring they appear in the Act and substituting for them instrument or the words “measuring measuring system”. deleting the words “assizer” wherever they appear in the Act and substituting for them the words “inspector”. Inserting in its appropriate alphabetical order the following new definition: (b) (c) 28 No. 13 Written Laws (Miscellaneous Amendments) (No.3) 2016 “container” means any form of packaging of goods for sale as a single item, whether by enclosing the goods wholly or partly. Amendment of section 2 - 43
AI-assisted research summary: This provision amends section 2 to replace the definition of “trade” with an expanded definition.
43. The principal Act is amended in section 2, by the word “trade” and the definition of deleting substituting for it the following: ““trade” includes- (a) the making, effecting or concluding of any contract bargain, sale, purchase or transaction, or any payment in connection therewith; (b) any services rendered in which a measuring instrument is used; other measurement any within which a measuring instrument or system is used.” (c) Amendment of section 19 by- - 44
AI-assisted research summary: People who hold trade-use weights or measuring instruments must produce them to an inspector even if no notice was issued, and immovable instruments must be examined and verified on site.
44. The principal Act is amended in section 19, (a) (b) deleting the words “Not more than” at the beginning of and substituting for it the words “At least once”; adding immediately after subsection (1) the following new subsection: section sub (1) “(2) Notwithstanding subsection (1), a person who possesses any weight, measure, weighing or measuring instrument which is used or intended to be used in trade, shall produce such weight, measure, weighing or measuring instrument to an inspector even if the 29 No. 13 Written Laws (Miscellaneous Amendments) (No.3) 2016 (a) (b) notice in subsection (1) was not issued.” renumbering subsections (2) subsections (3) to (7) respectively. inserting renumbered the following new subsection: immediately after (4) to (6) as as “(5) Any immovable weight, measure, weighing or measuring instrument, shall be examined and verified in situ in addition to any preliminary test.” Amendment of section 26 - 45
AI-assisted research summary: Certain people who own or transport prepacked goods must follow the packaging rules in the 10th, 11th, and 12th Schedules.
45. The principal Act is amended in section 26 by deleting subsection (2) and substituting for it the following: “(2) Any person who owns or hired to carry or transport by any means prepacked goods shall comply with manner of packaging specified in 10th, 11th and 12th Schedules to this Act. (3) Any person who contravenes or fails to comply with subsections (1) and (2) commits an offence.” Amendment of section 30 - 46
AI-assisted research summary: Section 30(2) is amended to replace the old fine amount with a range of 300,000 to 50,000,000 shillings, and section 45 is repealed.
46. The principal Act is amended in section 30(2) by deleting the phrase “not exceeding two thousand shillings” appearing in subsection (2) and substituting for it the words “not less than three hundred thousand shillings and not exceeding fifty million shillings”. Repeal of section 45 - 47
AI-assisted research summary: This provision amends the principal Act by repealing section 45 and replacing it with new text titled “General penalty”.
47. The principal Act is amended by repealing section 45 and replacing it with the following: “General penalty - 45
AI-assisted research summary: A person who breaks this Act or its Regulations, where no specific penalty applies, commits an offence and may face a fine, imprisonment, or both.
45. Any person who contravenes the provisions of this Act or Regulations made under this Act and which no specific penalty is provided commits an 30 No. 13 Written Laws (Miscellaneous Amendments) (No.3) 2016 offence and on conviction, in the case of first offence to a fine of three hundred than not less thousand not and shillings exceeding fifty million shillings or to imprisonment for a term not exceeding two years or to both such fine and imprisonment; and in the case of a second or subsequent offence, to a fine of not less than five hundred thousand shillings and not exceeding one hundred or million to shillings imprisonment term not exceeding five years or to both.” for a (2) On the conviction of any person for an offence under this Act, the court may, in addition to any other penalty which may be imposed, order the confiscation of all or any part of goods in respect of which offence was committed, and all goods or instruments so confiscated shall be disposed of in a manner which the court directs.” the Amendment of section 46 by- - 48
AI-assisted research summary: The Commissioner may compound an offence under the Act by ordering payment of money, within stated minimum and maximum amounts, and must give a receipt.
48. The principal Act is amended in section 46, (a) deleting subsection (1) and substituting for it the following: “(1) Where the Commissioner is satisfied that any person has committed an offence under this Act, he may by order, compound such offence by requiring such person to make payment 31 No. 13 Written Laws (Miscellaneous Amendments) (No.3) 2016 of a sum of money, except that- (a) such sum of money shall not be less than one hundred thousand shillings exceeding and not twenty million; (b) the power or conferred under this section shall be exercised when a that he has person committed an offence under this Act; admits to (c) the Commissioner shall give to from whom he the person receives such sum of money, a receipt; (d) subject the provision of subsection (1), where proceedings are brought against a person for an offence under this Act, it shall be a good defence if that person proves the offence with which he is charged has been earlier compounded; that (e) any sum of money received under this section shall be dealt with as if the sum of money were a fine imposed by the court of law for the offence; (f) the order shall not be made under this section unless the person first had an concerned shall opportunity of showing cause against the making of the order. (2) In addition to the fine, the Commissioner may ask the court to forfeit any weight or measure or weighing or measuring instrument or 32 No. 13 Written Laws (Miscellaneous Amendments) (No.3) 2016 other item for which the offence was committed as directed by or under this Act or any regulations made under this Act. (b) renumbering subsections (2) to (4) as subsections (3) to (5) respectively.” Addition of section 53A - 49
AI-assisted research summary: This provision amends the principal Act by inserting a new section after section 53, titled “Compliance with prescribed measurement standards”.
49. The principal Act is amended by adding immediately after section 53, the following new section: “Compliance with prescribed measurement standards - 53A Verify source ↗
Any person who
AI-assisted research summary: Any person must have regard to the prescribed standards of measurements under this Act.
53A. Any person who measurements prescribes applicable respective jurisdiction shall have regard to the prescribed of measurements under this Act.” standards his in Addition of section 54A - 50 Verify source ↗
Amendment of section 2
AI-assisted research summary: This section amends the principal Act by inserting a new section after section 54 titled “Power to amend Schedule.”
50. The principal Act is amended by adding after section 54, the following new section: “Power to amend Schedule
Part
Schedule
- 54A Verify source ↗
The Minister may, by
AI-assisted research summary: The Minister may amend the Act’s Schedules by order published in the Gazette.
54A. The Minister may, by order published in the Gazette, amend the Schedules to this Act.” Passed by the National Assembly on the 8th November, 2016. THOMAS DIDIMU KASHILILAH, Clerk of the National Assembly 33
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The Written Laws (Miscellaneous Amendments) (No. 3) Act, 2016
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