The Tanzania Shipping Agencies Act, 2017
The Board may create committees, appoint members to them, and delegate functions or powers, but some powers are excluded from delegation.
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- The Tanzania Shipping Agencies Act, 2017
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Statute overview
About this statute
The Board may create committees, appoint members to them, and delegate functions or powers, but some powers are excluded from delegation. A person is not qualified to be appointed to the Board or Committee if their office is likely to let them exert undue influence on matters the Corporation is responsible for. Board members and Corporation employees must disclose conflicts of interest immediately, stop taking part in the matter, and must not vote; serious conflicts can require resignation. The Chairman and members of the Board are to be paid fees and remuneration set by their appointment letters or the relevant authority. The Board may establish, set, and review rates and charges, and the Corporation must publish the Board’s determined rates, tariffs, and charges in the Gazette by order.
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Provisions of The Tanzania Shipping Agencies Act, 2017
Showing 63 of 63
- 24
AI-assisted research summary: The Board may create committees, appoint members to them, and delegate functions or powers, but some powers are excluded from delegation.
24.-(1) The Board may form and appoint from among its members, such number of committees as it deems necessary for purposes which, in the opinion of the Board, would be better administered through committees. (2) The Board may appoint a member to a committee who may or may not be a member of the Board and such member shall hold office for such period as the Board may determine. (3) The Board may, subject to such conditions or restrictions as to any it deems necessary, delegate committee or employee of the Corporation any functions or powers vested in it by this Act or any other written law, except fees, charges and to prescribe commissions, borrow or lend money. for powers (4) Any power or function so delegated shall be exercised or performed by the committee in the name and on behalf of the Board. (5) The Board may exercise any power conferred upon it or perform any function under this Act or any other written law, notwithstanding the delegation of the power or function made. Undue influence - 25
AI-assisted research summary: A person is not qualified to be appointed to the Board or Committee if their office is likely to let them exert undue influence on matters the Corporation is responsible for.
25. A person shall not be qualified for appointment as a member of the Board or Committee if, owing to the nature of the office he holds, is likely to exert undue influence on any matter to which the Corporation is responsible. Conflict of interest - 26
AI-assisted research summary: Board members and Corporation employees must disclose conflicts of interest immediately, stop taking part in the matter, and must not vote; serious conflicts can require resignation.
26.-(1) A member of the Board or an employee of the Corporation shall be considered to have a conflict of interest for the purpose of this Act, if he has or acquires any pecuniary or other interests that would conflict with the proper performance by that person of his functions or 21 No. 14 Tanzania Shipping Agencies Act 2017 exercise of powers as a member of the Board or employee of the Corporation. (2) Where at any time a member of the Board or employee of the Corporation has a conflict of interest in relation to:- (a) any matter before the Corporation for consideration or determination; or (b) any matter which the Corporation would reasonably expect to be likely to come before it for consideration or determination; that member or employee shall immediately declare the interest held by him to the members of the Board or the Director General and refrain from taking part or any further part, in the consideration and determination of the matter. (3) Upon the Board becoming aware of any conflict of interest, it shall make a determination as to whether that conflict is likely to interfere with the proper and effective performance of the functions of the Board and the member or employee who holds conflict of interest shall not vote on the matter under consideration. (4) When the Board determines that the conflict of interest is likely to interfere significantly with a member’s effective performance, and or competence and integrity, such member or employee shall resign. employee’s proper (5) The Board shall report to the Minister any determination by the Board that a conflict of interest is likely the effective performance of the functions and duties of the member of the Board or employee of the Corporation. interfere significantly with to (6) A member of the Board or employee of the Corporation shall be considered to have breached the code of conduct if:- (a) he fails without reasonable cause to make declaration of his interests as required; or (b) he knowingly makes a false or misleading thereby declaration affecting a decision of the Board or Corporation, and in material particular that person shall be guilty of a misconduct the effect of which will be resigning from office. 22 No. 14 Tanzania Shipping Agencies Act 2017 Fees and remuneration - 27
AI-assisted research summary: The Chairman and members of the Board are to be paid fees and remuneration set by their appointment letters or the relevant authority.
27. The Chairman and members of the Board shall be paid fees and such remuneration as shall be set out in their letters of appointment or as may be determined by the relevant authority. Power to set rates and charges - 28
AI-assisted research summary: The Board may establish, set, and review rates and charges, and the Corporation must publish the Board’s determined rates, tariffs, and charges in the Gazette by order.
28.-(1) The Board shall have the powers to establish, set and review rates and charges. (2) When exercising its powers under subsection (1), the Board shall have regard to:- (a) the costs of making, producing and supplying the goods or services; (b) the desire to promote competitive rates and attract the market; (c) any relevant benchmarks including international benchmarks for prices, costs and return on assets in comparable industries; (d) the financial implications of the determination; (e) the consumer and investor interests; (f) the return on assets in the maritime transport industry; (g) any other relevant sector legislation; and (h) any other factors the Board considers relevant. (3) The Corporation shall by order, publish in the Gazette the rates, tariffs and charges determined by the Board. Power to conduct inquiry - 29 Verify source ↗
Establishment of the Board
AI-assisted research summary: The Board may hold inquiries, must hold one before certain licensing and regulatory decisions, and must notify the public and specified stakeholders.
29.-(1) The Board may conduct an inquiry where it considers necessary or desirable for the purpose of carrying out its functions. (2) The Board exercising powers to:- shall conduct an inquiry before (a) grant, renew or cancel a licence; (b) regulate any rate or charge; and (c) adopt a code of conduct. (3) The Minister may direct the Board by notice in writing to conduct an inquiry and specify the subject matter. 23 No. 14 Tanzania Shipping Agencies Act 2017 (4) Subject to subsection (3), the Minister may specify time within which the Board shall submit a report. (5) The Board shall give notice of inquiry by:- (a) publishing a notice in the widely circulated newspapers specifying the purpose of the inquiry, the time within which submission may be made to the Board, the form in which submission shall be made, the subject matter of the inquiry, and in the case of an inquiry conducted at the directive of the Minister, the terms of reference thereof; and (b) sending written notice of the inquiry including the information in paragraph (a), to:- (i) regulated service providers, known to the the Corporation whose Corporation considers are likely to be affected by the outcome of the inquiry; (ii) industry and consumer organisations which the Corporation consider may have an interest in the matter; and interests (iii) the Minister and institutions having responsibilities relevant to the functions of the Corporation. (6) The Minister shall, by order published in the Gazette, make rules for conducting inquiries under this section. PART VI ADMINISTRATION AND MANAGEMENT OF THE CORPORATION The Director General Cap. 298
Part
PART VI
- 30
AI-assisted research summary: This section establishes the Director General of the Corporation, requires presidential appointment, sets qualification requirements, and gives the Director General management and board-secretary functions.
30.-(1) There shall be the Director General of the Corporation who shall also be the chief executive officer responsible to the Board for the proper administration and management of the functions and affairs of the Corporation. (2) The Director General shall be appointed by the President through competitive procedures in accordance with the Public Service Act on such terms and conditions as provided for in the scheme of service. (3) The Corporation shall meet from its own funds all such expenses incurred in the course of recruitment process 24 No. 14 Tanzania Shipping Agencies Act 2017 of the Director General. (4) A person shall not be qualified for appointment as Director General unless he:- (a) is a holder of at least a post graduate degree from a recognised university or its equivalence; and (b) possesses at least eight years’ experience in senior managerial position in one or more of the field of management, maritime transport, port operations, law, economics, finance, engineering or business administration. (5) The Director General shall be appointed to serve for a term of five years renewable once on such terms and conditions as shall be set out in the letter of his appointment or as may be determined by the Board upon approval of the Minister. (6) The Director General shall, subject to the policy and directives set-forth by the Board, undertake all financial, administrative and technical management of the Corporation. (7) The Director General shall be the Secretary to the Board. Registrar Cap. 298 - 31
AI-assisted research summary: The Minister appoints the Registrar through competitive procedures, and the Registrar is accountable to the Minister.
31.-(1) There shall be a Registrar who shall be seafarers, wrecks, maritime responsible environment, safety and security matters of the Corporation. ships, for (2) The Registrar shall be appointed by the Minister through competitive procedures taking into account the Public Service Act on such terms and conditions provided for in the scheme of service. (3) A person shall not be eligible for appointment as Registrar unless he:- (a) is a holder of at least a post graduate degree from a recognised university or its equivalence in any of the field of nautical science, maritime safety, engineering, naval architecture, maritime law and policy, maritime transport, marine environmental management; (b) is a Master or Chief Engineer Officer, Standard Training, Certification and Watchkeeping (STCW Reg. II/2 or III/2) with seagoing service; and (c) possesses at eight years of working experience, five years of which shall be at senior least 25 No. 14 Tanzania Shipping Agencies Act 2017 Establishment of departments, units and sections Officers and other staff of the Corporation Delegation of powers management post in a maritime sector. (2) In the performance of functions under this section, the Registrar shall be accountable to the Minister. - 32
AI-assisted research summary: The Board may create departments, units, and sections, and it must only appoint a departmental director if the person has at least a postgraduate degree and eight years’ relevant experience.
32.-(1) The Board may, for facilitating performance of its functions, establish departments, units and sections as may be determined by the Board. (2) There shall be employed by departmental directors each with responsibilities particular function. the Board for a (3) The Board shall appoint a person as departmental director only if he has provable knowledge of at least post graduate degree and appropriate experience of at least eight years in relation to the relevant function. (4) A departmental director appointed under subsection (3) shall serve the Corporation for a term of five years and may be reappointed for such term or terms as the Board may deem fit. - 33
AI-assisted research summary: The Board must employ enough officers, staff, and employees for the Corporation’s work, and the Corporation must follow competitive selection procedures when appointing employees, consultants, or experts.
33.-(1) There shall be employed by the Board such number of officers, staff and employees of the Corporation in such categories and levels as may be necessary for the efficient discharge of the functions of the Corporation and upon such terms and conditions as may be determined by the Board. (2) The Corporation may appoint consultants and experts of the Corporation in various disciplines on such terms and conditions as the Corporation may determine. The Corporation shall comply with the competitive selection procedures in appointing employees, consultants or experts. (3) - 34 Verify source ↗
The Director General
AI-assisted research summary: The Director General may authorize a Corporation officer to exercise delegated powers, but cannot delegate the powers to grant, renew, or cancel a licence.
34.-(1) The Director General may, by the instrument of delegation and subject to subsection (3), authorise an officer of the Corporation to perform any of his powers. (2) Subject to the provisions of subsection (1), the delegated power shall be exercised in accordance with the instrument of delegation. (3) Notwithstanding the powers conferred to the Director General under this section, the Director General shall not delegate the powers to grant, renew or cancel a licence. 26 No. 14 Tanzania Shipping Agencies Act 2017 PART VII FINANCIAL PROVISIONS Funds of the Corporation
Part
PART VII
- 35
AI-assisted research summary: The Corporation’s funds come from listed sources, and all income and money must be paid into the Corporation’s bank account.
35.-(1) The funds and resources of the Corporation shall consist of- (a) moneys appropriated by Parliament; (b) fees, charges, or commissions that shall be prescribed; (c) all other payments or property due the Corporation in respect of any matter incidental to its functions; to (d) service provider levy not exceeding 1.5 percent of turnover; (e) such sums of money or property which may become payable to or vested in the Corporation under this Act or any other written laws; and (f) any grants, donations, bequests, money derived from loans and other payment or property due to the Corporation in respect of any matter incidental to its functions. (2) All income and moneys of the Corporation shall be deposited into the bank account of the Corporation. Application of revenue - 36
AI-assisted research summary: The Corporation must use its yearly revenue only for the listed charges, set aside reserves from the balance, and show profits and losses separately in its audited accounts.
36.-(1) The revenue of the Corporation for any financial year shall be applied in defraying the following charges- (a) working and and establishment expenditure on, or provision for the discharge of the functions of the Corporation; expenses (b) the fees, salaries, remuneration, pensions, superannuation, allowances and gratuities of the officers, and agents, consultants of the Corporation; employees, experts (c) the remuneration, fees and allowances of the members of the Board and committees; (d) interest on any loan raised by the Corporation; (e) sums required to the Government or to any other public authority towards repayment of any loan made by the Government or by any other public body to the Corporation; 27 No. 14 Tanzania Shipping Agencies Act 2017 (f) sums required to be transferred to a sinking fund or otherwise set aside for the purpose of making provision for the repayment of borrowed money; (g) such sums as may be deemed appropriate to be set aside in respect of depreciation or renewal of the property of the Corporation, having regard to the amounts set aside out of revenue under paragraphs (a) and (f); (h) sums required to be transferred to a maintenance fund for the purpose of making provision for the proper and regular maintenance of basic and operational infrastructure and buildings; (i) the cost, or any portion thereof, of any works, vehicles, facilities and machinery; (j) equipment or appliances not being a renewal of the property of the Corporation; (k) such sums by way of contribution, for the purposes associated with the objects of this Act as the Corporation may determine; and (l) any other expenditure authorised by the Corporation and properly chargeable to revenue account. (2) The balance of the revenue of the Corporation shall be applied to the creation of general reserve and such other reserves as the Corporation may deem fit. (3) All profits and losses of business entities shall be separately shown in the audited accounts of the Corporation. Financial year - 37
AI-assisted research summary: The Corporation’s financial year must run for one year and end on 30 June.
37. The financial year of the Corporation shall be the period of one year ending on the 30th June. Budget Cap. 439 - 38
AI-assisted research summary: The Corporation must prepare next year’s budget before the end of each financial year and submit the annual and supplementary budgets to the Permanent Secretary for approval.
38.-(1) The Corporation shall, before the end of each financial year prepare a budget of the following financial year showing estimates of its receipts and expenditure for the following year. (2) The Corporation shall, subject to subsection (1) and in accordance with section 22 of the Budget Act, submit to the Permanent Secretary the annual budget and every supplementary budget for approval. (3) On receipt of the budget estimates, the Permanent Secretary shall- 28 No. 14 Tanzania Shipping Agencies Act 2017 Accounts and Audit (a) approve the budget estimates with or without variations; or (b) reject the budget estimates and give reasons for rejection. - 39
AI-assisted research summary: The Corporation must keep proper accounting records, have its accounts audited, and submit an annual report and related financial statements to the Controller and Auditor-General within three months after each financial year ends.
39.-(1) The Corporation shall keep proper books of account and maintain proper records of its operation in accordance with commercial accounting standards. (2) The accounts of the Corporation may at any time and shall, at the end of each financial year, be audited by the Controller and Auditor-General or any other person appointed by him. (3) The Corporation shall cause to be kept all proper books and audit records of accounts of the income, expenditure and assets of the Corporation. (4) Within a period of three months after the end of each financial year, the Corporation shall submit to the Controller and Auditor-General the Corporation together with:- the accounts of (a) a statement of financial performance during the year; (b) a statement of the financial position of the Corporation on the last day of that year; (c) a statement of change in equity during the year; (d) a statement of cash flow for the year; and (e) notes, comprising of a summary of significant accounting policies and other explanatory notes. Annual report - 40
AI-assisted research summary: The Corporation must prepare and submit an annual report each year by 30 September, and the Minister must table it before the National Assembly.
40.-(1) The Corporation shall on or before the 30th September of each year, prepare an annual report in respect of financial year up to immediately preceding 30th June, and submit the report to the Minister who shall lay it before the National Assembly. (2) The annual report shall consist of:- (a) detailed information regarding the physical and financial performance of the Corporation during the year to which it relates; (b) a copy of the audited accounts of the Corporation together with the auditor’s report; and (c) any other information as the Corporation may be required to provide under this Act. 29 No. 14 Cap. 257 Exclusion of liability of the Corporation Liability for released equipment Liability for directive of a principal Tanzania Shipping Agencies Act 2017 (3) The provisions of the Public Corporations Act shall apply to the Corporation with respect to annual reports, accounts, audit, financial supervision and laying of reports before the National Assembly. PART VIII LIABILITY OF THE CORPORATION a from services or goods
Part
PART VIII
- 41
AI-assisted research summary: If the Corporation outsources certain contractors or agents while carrying out its functions, it is not liable for losses caused by their wrongful acts or omissions, subject to section 50.
41. Subject to section 50, where the Corporation outsources contractor, subcontractor, concessionaire or agent in the course of discharging its functions, the Corporation shall not be liable in any circumstances for any loss, damage, injury or cost sustained by any person as a result of any default, negligence, breach or other wrongful act or omission of contractor, subcontractor, concessionaire, agent or employee of such contractor, subcontractor, concessionaire or agent. - 42
AI-assisted research summary: If the Corporation releases equipment to a shipper, consignee, or another person under a principal’s mandate, it is not liable for loss or damage to the equipment, subject to section 50.
42. Subject to section 50, where the Corporation releases to a shipper, consignee or any other person equipment belonging to a principal with specific, general or implied mandate from the principal for such release, the Corporation shall not be liable for any loss or damage to the equipment. - 43
AI-assisted research summary: If the principal directs the Corporation to act or not act, the Corporation is not liable for resulting loss, damage, or cost, and affected persons must claim directly from the principal.
43.-(1) Where the principal has directed the Corporation to do or not to do an action pertinent for fulfilling its duty as agent, the Corporation shall not be liable for any loss, damage or cost occasioned by doing or not doing the action as directed by the principal. (2) The shipper, consignee or any other person suffering from the action in subsection (1) shall claim for loss, damage or cost directly from the principal. Liability of body of persons - 44 Verify source ↗
PART VII
AI-assisted research summary: If an offence is committed by a body of persons, certain Corporation officials may be treated as having committed it unless they prove lack of knowledge or connivance and show due diligence.
44. Where an offence is committed by a body of persons, a person who at the time of the commission of the offence was a Chairman, member, Director General, or an employee of the Corporation shall be deemed to have committed that offence unless that person proves that the offence was committed without his knowledge or connivance 30 No. 14 Tanzania Shipping Agencies Act 2017 and that he exercised all due diligence to prevent the commission of the offence having regard to the nature of his functions and all other circumstances. PART IX GENERAL PROVISIONS Directives by Minister
Part
PART IX
- 45
AI-assisted research summary: The Minister may issue directives to the Board, and the Board must follow them.
45.-(1) The Minister may give the Board directives in relation to the discharge of the functions and the exercise of the powers of the Board under this Act. to (2) Without prejudice to subsection (1), the Minister may under his hand, give directives relating to:- (a) the occurrence of any emergency, in the interest of public or relations with the Government of another country; or (b) discharge or facilitate the discharge of an obligation binding the Government by virtue of its being a member of an international to an international organisation or a party agreement. (3) The Board shall give effect to any directives given by the Minister, save that, the Government may:- (a) pay compensation for damage caused to the Corporation by reason of its compliance with the directives of the Minister; or (b) make grants to the Corporation for defraying or contributing towards loss which it may sustain by reason of compliance with the directives of the Minister. Power of entry and inspection may:- - 46
AI-assisted research summary: An authorised officer of the Corporation may enter and inspect shipping agency premises and records at any reasonable time, and anyone who obstructs that officer commits an offence.
46.-(1) An authorised officer of the Corporation (a) enter and inspect at any reasonable time the premises in which the business of shipping agency is carried out; or (b) inspect and take copies of any records required under this Act to be kept in respect of the business of shipping agency or any other records relating to such business, for the purpose of ascertaining whether the provisions of this Act are being complied with. 31 No. 14 Tanzania Shipping Agencies Act 2017 Exemption from application of certain provisions of the Act Integrity pledge (2) Any person who hinders or obstructs an authorised officer in the performance of his duties under this Act, commits an offence. - 47
AI-assisted research summary: The Minister may, by order, exempt a shipping parastatal from some or all provisions of the Act.
47.-(1) Notwithstanding the provisions of this Act, the Minister, may by order, exempt any parastatal organisation carrying out the business of shipping from application of any or all provisions of this Act. (2) An order made pursuant to subsection (1) shall set out the terms and conditions attached to the exemption and state the time during which that order shall remain in force. - 48
AI-assisted research summary: A regulated service provider must follow the integrity pledge, including acting with utmost integrity and avoiding arrangements harmful to Tanzania’s financial, monetary, tax, economic, or security interests.
48.-(1) A regulated service provider shall be required to comply with the integrity pledge. (2) The integrity pledge referred to under subsection (1) implies the following national requirements:- (a) the conduct of regulated services with utmost integrity; (b) desist to engage in any arrangement that undermines or is in any manner prejudicial to the country’s financial and monetary systems, in particular, all earnings, payments or receivables derived from or in respect of regulated services shall be received in, and accounted for in Tanzania; (c) desist to engage undermines or Tanzania’s tax system; in any arrangement is otherwise prejudicial that to (d) disengage in any arrangement that is inconsistent with the country’s economic objectives, policies and strategies; (e) disengage in any arrangement that undermines or is otherwise prejudicial to Tanzania’s national security; and (f) maintenance of insurance coverage against losses, damage environment, individuals and properties, in occasioned satisfactory and effective injuries or communities, that may be the course of carrying out to 32 No. 14 Tanzania Shipping Agencies Act 2017 Corporation not to provide services in certain circumstances Engagement of contractor, subcontractor and supplier Inconsistency Cap. 165 Emblem, design or representation of Corporation regulated services. (3) Any person who fails to comply with the integrity pledge commits an offence. - 49
AI-assisted research summary: The Corporation must not provide services for free or below cost unless the person concerned undertakes to cover the loss.
49. The Corporation shall not provide to any person, services gratuitously or at a rate or charge which is insufficient to meet the cost involved in the provision of such services unless the person concerned undertakes to make good the amount of the loss incurred. - 50
AI-assisted research summary: The Corporation must not hire, outsource to, or use contractors, subcontractors, or suppliers for goods or services while they are unlicensed or unregistered.
50.-(1) The Corporation shall not arrange, outsource for or engage a contractor, subcontractor or supplier procuring services or goods in the course of performing its functions unless the contractor, subcontractor or supplier is licenced or registered by a relevant authority or institution. (2) Any person who contravenes subsection (1), commits an offence and on conviction shall be liable to a fine of not less than twenty million shillings. - 51
AI-assisted research summary: If this Act conflicts with the Merchant Shipping Act, this Act prevails and the Merchant Shipping Act is read down to match.
51. Where there is any inconsistency between the provisions of this Act and the provisions of the Merchant Shipping Act, the provisions of this Act shall prevail and the Merchant Shipping Act shall be read down to the extent of such inconsistency. - 52 Verify source ↗
53. Maintenance of records
AI-assisted research summary: The Corporation has the exclusive right to use, display, or exhibit a chosen emblem, design, or representation, and other persons must not use a confusingly similar one.
52.-(1) The Corporation shall have the exclusive right to the use of such emblem, design or representation as it may select or devise and thereafter display or exhibit it in connection with its activities or affairs. (2) Any person who uses an emblem, design or representation identical with that of the Corporation or which so resembles the emblem, design or representation as to deceive or cause confusion or to be likely to deceive or cause confusion, commits an offence. Maintenance of records - 53 Verify source ↗
Maintenance of records
AI-assisted research summary: The Corporation must keep proper records for finance, operations, human resources, and other functions it performs.
53. The Corporation shall maintain proper records related to finance, operations, human resources and all other functions performed by the Corporation. Confidentiality - 54 Verify source ↗
Public register
AI-assisted research summary: A person who gives material to the Corporation may claim confidentiality for all or part of it. A person who discloses confidential information without the Corporation’s authorisation commits an offence.
54.-(1). For the purposes of this Act, any person who discloses any material to the Corporation, whether under 33 No. 14 Tanzania Shipping Agencies Act 2017 Public Register General offence compulsion of law or otherwise, that person may claim confidentiality in respect of the whole or any part of the material. (2) Any person who discloses confidential information otherwise than as authorised by the Corporation commits an offence. - 55 Verify source ↗
General offences
AI-assisted research summary: The Corporation must keep a Public Register at its principal office and make it available for public inspection during business hours, with copies at sub offices and internet access where possible.
55.-(1) There shall be a Public Register kept by the Corporation at its principal office, which shall be available for public inspection at all times during business hours. (2) There shall be kept at the sub offices of the Corporation copies of the Public Register which shall be accessible for inspection by members of the public. (3) The Minister shall from time to time upon the advice of the Corporation, determine the categories of decisions and information which would be placed on the Public Register. (4) The Corporation shall exclude from the Public Register any document or part of a document which is confidential. (5) The Corporation shall ensure that where possible the Public Register shall be accessible to the public by internet. - 56 Verify source ↗
Offences in relation to shipping agency
AI-assisted research summary: A person who breaches an Act provision with no specific penalty commits an offence and, on conviction, may face a fine, imprisonment, or both.
56. Where a person contravenes any of the provisions of this Act, for which no specific penalty is provided, commits an offence and on conviction, shall be liable to a fine of not less than twenty million shillings but not exceeding forty million shillings or to imprisonment for a term of not less than two years but not exceeding five years or to both. Offences in relation to shipping agency - 57 Verify source ↗
Compounding of offences
AI-assisted research summary: A person involved in shipping agency business commits an offence if they give false or incorrect information, fail to disclose information, or otherwise contravene the Act.
57. Any person who in relation to shipping agency business:- (a) furnishes any return, written information or explanation containing any particulars which to his knowledge are false or incorrect; (b) fails to disclose information; or 34 No. 14 Tanzania Shipping Agencies Act 2017 (c) acts in contravention of any provision of this Act, commits an offence and on conviction shall be liable to a fine of not less than twenty thousand US dollars but not exceeding forty thousand US dollars or its equivalent in Tanzania shillings or to imprisonment for a term of not less than three years but not exceeding five years or to both. - 58 Verify source ↗
Redress
AI-assisted research summary: The Director General, or someone he authorizes in writing, may compound an offence if the person admits it in writing, as long as court proceedings have not started.
58.-(1) Notwithstanding the provisions of this Act relating to penalties, where a person admits in writing that he has committed an offence under this Act, the Director General or a person authorised by him in writing may, at any time prior to the commencement of the proceedings by a court of competent jurisdiction compound such offence and order such person to pay sum of money, not exceeding one half of the amount of the fine to which such person would otherwise have been liable to pay if he had been convicted of such offence. (2) Where an offence is compounded in accordance with subsection (1) and proceedings are brought against the offender for the same offence, it shall be a good defence for the offender to prove to the satisfaction of the court that the offence with which the offender is charged has been compounded under subsection (1). (3) Where the person fails to comply with the compounding order issued under this section within the prescribed period, the authority may:- (a) in addition to the sum ordered, require the person to pay an interest at the rate prescribed in the regulations; and (b) enforce the compounding order in the same manner as a decree of a court for the payment of the amount stated in the order. - 59 Verify source ↗
International obligations
AI-assisted research summary: A person unhappy with a Corporation decision may complain to the Minister within 21 days, and a person aggrieved by a Minister decision or order may seek redress in the High Court within 30 days.
59.-(1) A person who is not satisfied with a decision of the Corporation under this Act may complain to the Minister within twenty one days from the date of the decision. (2) Any person aggrieved by a decision or order of the Minister made or given pursuant to this Act, may seek 35 Compounding of offences Redress No. 14 Tanzania Shipping Agencies Act 2017 International obligations redress in the High Court within thirty days from the date on which the decision or order is given or made. (3) Subject to the provisions of subsection (1), the manner and conditions to handle complaints and disputes shall be prescribed in the regulations by the Minister. international or - 60 Verify source ↗
Regulations
AI-assisted research summary: The Minister must prepare implementing proposals and measures, consult the Corporation, and may publish certain maritime agreements in the Gazette; the Corporation must keep a register of them.
60.-(1) Where the United Republic of Tanzania is a regional agreement or party to an convention relating to maritime transport services, maritime environment, safety and security the Minister shall, in consultation with the Corporation:- (a) initiate and prepare legislative proposals for purposes of implementing the agreements; and (b) identify appropriate measures necessary for the implementation of the agreements. to maritime (2) Where the Government is involved in negotiation of an international agreement or convention on matters services, maritime relating environment, safety and security, the Minister shall, prior to submission for ratification of agreement or convention by the National Assembly, communicate to the other relevant institutions with a view to assessing the likely impact on the other sectors. transport relating to maritime (3) The Minister may, from time to time by notice in the Gazette, publish ratified international agreements or transport services, conventions maritime environment, safety and security including amendments and other international instruments which apply to the United Republic of Tanzania, the reservations, if any, entered by the United Republic of Tanzania as well as international convention including amendments and replacements or other international instruments which ceases to apply to the United Republic of Tanzania. (4) The Corporation shall keep a register of all international agreements or conventions relating to the maritime transport services, maritime environment, safety and security to which the United Republic of Tanzania is a party. (5) regional agreements or conventions related to maritime administration, maritime International or 36 No. 14 Tanzania Shipping Agencies Act 2017 Regulations environment, safety and security shall apply to the United Republic of Tanzania. - 61 Verify source ↗
Powers to make internal rules
AI-assisted research summary: The Minister may make regulations, rules, and orders for this Act, and any such instruments made under this section must be published in the Gazette.
61.-(1) The Minister may make regulations for the better carrying out or giving effect to the provisions of this Act. (2) Without prejudice to the generality of subsection (1), the Minister may in consultation with the Corporation make regulations:- (a) prescribing the conditions and terms upon which any specified facilities or services or categories of facilities or services within the scope of the functions of the Corporation shall be provided to the public; (b) related to business terms and conditions to be observed by shippers and consignees and the prohibition of acts or omissions in contravention of such business terms and conditions; (c) prescribing the procedure for management of complaints and dispute resolution; (d) prescribing procedures for redress under this Act; (e) prescribing the minimum paid up share capital to be maintained by shipping agents; (f) prescribing the method of calculating the asset and liabilities and the amount of solvency to be maintained by shipping agents; (g) prescribing procedures for regulation of: – (i) maritime safety, security and environment; and services transport (ii) maritime regulation including dry port, clearing and forwarding agency, miscellaneous port services, cargo de- consolidation consolidation shipping agency; professional and and (h) prescribing financial qualifications and in relation to registration or licensing of maritime transport service providers; and professional conduct 37 No. 14 Tanzania Shipping Agencies Act 2017 (i) prescribing procedures relating to freight bookings; and (j) providing for any matter which, in the opinion of the Corporation, is necessary for the efficient performance of its functions. (3) The Minister may, for the purpose of this Act make such rules and orders as may be required for effective performance of the functions under this Act. (4) The regulations, rules, code of conduct or orders made under this section shall be published in the Gazette. Power to make internal rules - 62 Verify source ↗
Notification of orders
AI-assisted research summary: The Board may make internal rules for its functions and operations, as long as it stays within this Act.
62. The Board may make internal rules in respect of its functions and operations within the framework of the provisions of this Act. Notification of orders Repeal of Caps. 177 and 415, - 63
AI-assisted research summary: If a Board or Minister order, directive, or requirement under the Act does not have to be published in the Gazette, the Board or Minister must notify affected or likely affected persons in a way they determine.
63. Where any order, directive or requirement made or given by the Board or the Minister under this Act, is not required to be published in the Gazette, the order, directive or requirement shall be brought to the notice of persons affected or likely to be affected by it in any manner, determined by the Board or the Minister. - 64
AI-assisted research summary: This section repeals two Acts and keeps certain existing contracts, licences, subsidiary legislation, exemptions, committee memberships, rights, powers, and liabilities in effect for limited transitional purposes.
64.-(1) The Tanzania Central Freight Bureau Act and the Shipping Agency Act are hereby repealed. (2) Notwithstanding the repeal of the Tanzania Central Freight Bureau Act and the Shipping Agency Act, any contract, document, licence, permission or resolution prepared, made, granted, or approved under the repealed Act or any other written laws, shall so far as it is not inconsistent with the provisions of this Act or any other written laws, continue to be deemed to have been prepared, made, granted or approved under the corresponding provisions of this Act until revoked, replaced or rescinded. (3) Any subsidiary legislation and all exemptions made or given under the provisions of the repealed Act or any other written laws, which were in force immediately before the commencement of this Act shall, so far as it is not inconsistent with the provisions of this Act, until revoked, replaced or rescinded remain in force as if they were made under this Act. 38 No. 14 Tanzania Shipping Agencies Act 2017 Caps. 177 and 415 Transfer of staff and their rights (4) All members of Licensing Committee appointed pursuant to the provisions of the repealed Act to perform the functions specified under the Act shall be deemed to be members appointed under this Act until the appointment is revoked. (5) The repeal of the Tanzania Central Freight Bureau Act and the Shipping Agency Act, shall not affect any public right, interest, title, power established or exercisable or any status or capacity existing prior to the repeal or affect any duty, obligation, liability or burden of proof imposed, created or incurred prior to the repeal or affect any investigations, legal proceeding or remedy in respect of any right, interest, power, duty, obligation, liability or otherwise. - 65
AI-assisted research summary: This section transfers certain Surface and Marine Transport Regulatory Authority employees and staff to the Corporation, keeps their terms no worse than before, and preserves pension and service continuity rules.
65.-(1) As from the effective date of the Act, every employee and staff of the Surface and Marine Transport Regulatory Authority who are necessary for the purpose of the Corporation shall be, as the case may be, deemed to have been employed or transferred to the Corporation on the terms and conditions not less favourable than those applicable to them immediately before the effective date. (2) Where any employee or staff of the Surface and Marine Transport Regulatory Authority related to maritime transport industry is not absorbed by the Corporation, he may be transferred to any other Ministry or public institution, and his service shall be deemed to be continuous and if he was a member of any statutory, voluntary pension or any other superannuation scheme, such employee shall continue to be governed by the same laws and regulations governing such scheme and the employer shall contribute to such scheme accordingly. (3) Nothing in this section shall operate so as to prevent any employee of the Surface and Marine Transport Regulatory Authority related to maritime transport industry from resigning or being terminated from employment. (4) Every employee and staff of the Surface and Marine Transport Regulatory Authority related to maritime transport industry whose service is not deemed to have been employed or transferred to the Corporation or is not transferred to any other Ministry or public institution shall 39 No. 14 Tanzania Shipping Agencies Act 2017 be paid terminal benefits in accordance with the laws and regulations governing the terms and conditions of his service immediately before the termination. voluntary (5) Where any person who is transferred to the Corporation under subsection (1) is a member of any statutory, other pension superannuation scheme he shall, for the purposes of this Act, continue to be governed by the same laws under those funds or schemes as if he had not been transferred to the service of the Corporation and, for the purposes of the laws governing those funds or schemes, his service shall be deemed to be the service of the Corporation. fund any or Rights of a person in an undertaking Transfer of assets and liabilities - 66
AI-assisted research summary: This Act must not be applied in a way that prejudicially affects existing rights under pre-effective-date maritime transport undertakings, licences, or undertakings entered into earlier.
66. This Act shall not operate so as to affect in a prejudicial way the rights of any person under any undertaking or licence granted in connection with maritime transport industry prior to the effective date of this Act or any undertaking entered into prior to the effective date of this Act. - 67
AI-assisted research summary: From the effective date, maritime-related assets, rights, liabilities, and obligations held by the Surface and Marine Transport Regulatory Authority are transferred to the Corporation.
67.-(1) As from the effective date, all assets, interests, rights, privileges, liabilities or obligations vested in the Surface and Marine Transport Regulatory Authority related to maritime transport industry shall be transferred to and be vested in the Corporation without further assurance. (2) Where any question arises as to whether any particular property, or any particular asset, interest, right, privilege, liability or obligation has been transferred to or vested in accordance with provisions of subsection (1), a certificate under the hand of the Minister shall be conclusive evidence that the property, asset, interest, right, privilege, liability or obligation was or was not so transferred or vested. Transfer of maritime sector regulatory functions - 68
AI-assisted research summary: From the Act’s effective date, maritime sector regulatory functions move from the Surface and Marine Transport Regulatory Authority to the Corporation.
68. From the effective date of this Act, the maritime sector regulatory functions formerly performed by the Surface and Marine Transport Regulatory Authority shall be transferred and performed by the Corporation. 40 No. 14 Tanzania Shipping Agencies Act 2017 Continuation and completion of disciplinary proceedings - 69 Verify source ↗
Repeal of Caps. 177 and 415
AI-assisted research summary: Pending disciplinary matters and unfinished hearings/investigations are transferred to the Corporation, and its resulting decisions are treated as Corporation decisions.
69.-(1) Where on the effective date of this Act, any disciplinary proceeding was pending against any employee of the Surface and Marine Transport Regulatory Authority related to maritime transport industry who has joined the Corporation, such proceeding shall be carried on and completed by the Corporation and, where on the effective date any matter was in the course of being heard or investigated or had been heard or investigated by Surface and Marine Transport Regulatory Authority related to maritime transport industry but no order or decision had been rendered, the Corporation shall complete the hearing or investigation and such order, ruling or directives as it could have been made by the Corporation under which the proceedings or matter were or was vested before the effective date. (2) Any order, ruling, or finding made or given in relation to any proceedings or investigation pursuant to subsection (1), shall be treated as an order, ruling or finding of the Corporation and have the same force or effect as if it had been made or given by the Surface and Marine Transport Regulatory Authority to maritime transport industry before the effective date. related (3) For the purpose of this Part, “effective date” means the date on which this Act comes into operation. CONSEQUENTIAL AMENDMENTS PART X AMENDMENT OF THE PORTS ACT, CAP. 166 Construction Cap. 166 Amendment of section 23
Part
PART X
- 70
AI-assisted research summary: This section must be read together with the Ports Act, which it calls the principal Act.
70. This section shall be read as one with the Ports Act, hereinafter referred to as the “principal Act”. - 71
AI-assisted research summary: Section 71 updates section 23 by replacing one statutory reference with another.
71. The principal Act is amended in section 23, by deleting the reference to the “Surface and Maritime Transport Regulatory Authority Act” and substituting for it the reference to the “Tanzania Shipping Agencies Act”. 41 No. 14 Tanzania Shipping Agencies Act 2017 Amendment of section 24 - 72
AI-assisted research summary: This provision amends section 24(1) by replacing a named authority with Tanzania Shipping Agencies Corporation.
72. The principal Act is amended in section 24(1), by deleting the phrase “Surface and Maritime Transport Regulatory Authority” and substituting for it the phrase “Tanzania Shipping Agencies Corporation”. Amendment of section 50 - 73 Verify source ↗
Construction
AI-assisted research summary: This section amends section 50 of the principal Act by replacing “SUMATRA” with “TASAC” in subsection (1) and deleting subsection (2).
73. The principal Act is amended in section 50 by:- (a) deleting the word “SUMATRA” appearing in subsection (1) and substituting for it the word “TASAC”; and (b) deleting subsection (2). AMENDMENT OF THE FERRIES ACT, CAP. 173 PART XI Construction Cap. 173
Part
PART XI
- 74
AI-assisted research summary: This section is to be read together with the Ferries Act, which is called the principal Act here.
74. This section shall be read as one with the Ferries Act, hereinafter referred to as the “principal Act”. GeneneralAme nmdment - 75
AI-assisted research summary: The Act is amended so that the term “Authority” is replaced with “Corporation” wherever it appears.
75. The principal Act is amended by deleting the term “Authority” wherever it appears in the Act and substituting for it the term “Corporation”. Amendment of section 1 - 76 Verify source ↗
Construction
AI-assisted research summary: This provision amends section 1(2) of the principal Act by deleting the definition of “Authority” and adding a definition of “Corporation.”
76. The principal Act is amended in section 1(2), by:- (a) deleting the definition of the term Authority; and (b) inserting in its appropriate alphabetical order the following definition: “Corporation” means the Tanzania Shipping Agencies Corporation established under section 4 of the Tanzania Shipping Agencies Act. 42 No. 14 Tanzania Shipping Agencies Act 2017 Appointment, composition and tenure of the office of the Board _________ SCHEDULE _________ (Made under Section 21(3)) _________
Part
SCHEDULE
- 1
AI-assisted research summary: This section sets out the Board’s membership, some members’ terms of office, resignation rights, and a gender consideration for appointments.
1.-(1) The Board shall consist of:- (a) the Chairman who shall serve for a term of four years renewable once; (b) a representative from higher learning institutions qualified in one or more of the field of commerce, management or maritime transport; (c) a senior officer from Customs and Excise Department of Tanzania Revenue Authority; (d) a law officer from the Attorney General’s Chambers; (e) a senior member from the Ministry responsible for shipping matters; (f) a representative of the private sector who shall serve for a term of two years renewable once and shall have a minimum of five years of experience in Ports and shipping industry; and (g) a representative of the general public who shall serve for two years renewable once and shall have a minimum of five years of experience in trade and commerce. (2) A member appointed under subparagraphs (1) (b),(c), (d) and (a) shall, unless his appointment is sooner terminated by the appointing authority or he ceases in any other way to be a member, hold office for a period of three years but shall be eligible for re-appointment once; and (b) may at any time resign from office by giving notice in writing addressed to the Minister, and from the date specified in the notice or, if no date is so specified from the date of the receipt of the notice by the Minister, he shall cease to be a member. (3) In appointing members of the Board, due regard shall be had (e) - to gender. Vice Chairman Board meetings - 2
AI-assisted research summary: Board members must elect one of their own as Vice Chairman, who serves for one year and may be re-elected.
2. Members of the Board shall elect from among themselves a Vice Chairman of the Board who shall, subject to his continuing to be a member, hold office for a term of one year from the date of his election, and shall be eligible for re-election. - 3
AI-assisted research summary: The Board must meet quarterly, and the Chairman or Vice Chairman may call extraordinary meetings and must preside over meetings in the stated order of absence.
3.-(1) The Board shall ordinarily meet quarterly at times and places as it deems necessary for the transactions of its business as required under this Act. 43 No. 14 Tanzania Shipping Agencies Act 2017 (2) The Chairman, or in his absence, the Vice Chairman, may at any time call an extraordinary meeting of the Board, and may call an extraordinary meeting upon a written request by majority of the members in office. (3) The Chairman or in his absence the Vice Chairman shall preside at every meeting of the Board. (4) In absence of both the Chairman and Vice Chairman, a member delegated in writing by the Chairman or in his absence, the Vice Chairman shall preside over the meeting. Quorum - 4
AI-assisted research summary: A Board meeting has a quorum when half of the members are present.
4. The quorum at any meeting of the Board shall be one half of the members. Decision of the Board Minutes of the meetings - 5
AI-assisted research summary: Board matters are decided by majority vote, and the chair has a casting vote if votes are tied.
5.-(1) Subject to subparagraph (2), matters proposed at a meeting of the Board shall be decided by a majority of votes of members present and voting, and in the event of an equality of votes, the person presiding shall have a casting vote in addition to his deliberative vote. (2) A decision may be made by the Board without a meeting, by circulation of the relevant papers among the members and the subject matter be considered at a meeting of the Board. - 6
AI-assisted research summary: The Board must keep records of all business done at its meetings, and the minutes must be read, confirmed or amended and confirmed at the next meeting, and signed by the presiding person.
6.-(1) The Board shall cause to be recorded and kept the details of all business conducted or transacted at its 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 and signed by the person presiding at that meeting. (2) Any minutes purporting to be signed by the person presiding at a meeting of the Board shall, in the absence of proof of error, be deemed to be a correct record of the meeting. Vacancies not to invalidate proceedings - 7
AI-assisted research summary: The Board’s acts and proceedings remain valid even if there is a vacancy among members or a defect in a member’s appointment.
7. The validity of any act or proceeding of the Board shall not be affected by any vacancy among its members or by any defect in the appointment of any of them. Proof of document Appointment of temporary member Board to regulate its own proceedings - 8
AI-assisted research summary: A document that appears to be duly executed or issued under the Corporation’s seal, or on its behalf, must be accepted as evidence and treated as valid unless the contrary is shown.
8. Any document purporting to be a document duly executed or issued under the seal of the Corporation or on behalf of the Corporation shall be received in evidence and be deemed to be a document so executed or issued without further proof unless the contrary is shown. - 9 Verify source ↗
Short title and commencement
AI-assisted research summary: If a Board member cannot perform duties because of absence, illness, or another sufficient cause, the appointing authority may appoint a temporary member.
9. When any member of the Board is, by reason of absence from the country, illness or other sufficient cause unable to perform his duties as a member of the Board, the appointing authority may appoint a temporary member in his place, and the temporary member shall hold office until the resumption of duty of the substantive member or until the term of office of the substantive member expires, whichever occurs first. - 10 Verify source ↗
Regulation of maritime sector
AI-assisted research summary: The Board may regulate its own proceedings, subject to this Schedule.
10. Subject to the provisions of this Schedule, the Board may regulate its own proceedings. 44 No. 14 Tanzania Shipping Agencies Act 2017 Passed by the National Assembly on the 16th November, 2017 STEPHEN KAGAIGAI Clerk of the National Assembly 45
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