The Written Laws (Miscellaneous Amendments) Act, 2018

This section gives the Act’s short title: the Written Laws (Miscellaneous Amendments) Act, 2018.

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Jurisdiction: Tanzania
Instrument: Act or statute
Citation: The Written Laws (Miscellaneous Amendments) Act, 2018
Version: Undated source snapshot
Language: en
Official source: View official record ↗

bank financing budget procedure declarations to Commissioner definitions elections enforcement administration government process land development land occupancy legislation drafting legislative drafting mortgage mortgage compliance mortgage proceeds regulations retirement eligibility statutory amendment statutory drafting statutory interpretation

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This section gives the Act’s short title: the Written Laws (Miscellaneous Amendments) Act, 2018. This section says certain Written Laws are amended as set out in their respective Parts. This Part is to be read together with the Bankruptcy Act, which is called the principal Act. Section 2 is amended to add a definition of “Official Receiver.” Section 74 of the principal Act is amended by deleting specific words at the start of subsection (2) and replacing them with “The”.

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Provisions of The Written Laws (Miscellaneous Amendments) Act, 2018

Showing 19 of 19

Part

PART I

1
Short title
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AI-assisted research summary: This section gives the Act’s short title: the Written Laws (Miscellaneous Amendments) Act, 2018.

1. This Act may be cited as the Written Laws (Miscellaneous Amendments) Act, 2018. Amendment of certain written laws
2
Amendment of Certain Written Laws
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AI-assisted research summary: This section says certain Written Laws are amended as set out in their respective 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 BANKRUPTCY ACT, (CAP. 25) Construction Cap. 25 Amendment of section 2

Part

PART II

3
Construction
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AI-assisted research summary: This Part is to be read together with the Bankruptcy Act, which is called the principal Act.

3. This Part shall be read as one with the Bankruptcy Act, hereinafter referred to as the “principal Act”.
4
Amendment of section 2
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AI-assisted research summary: Section 2 is amended to add a definition of “Official Receiver.”

4. The principal Act is amended in section 2, by inserting in its appropriate alphabetical order the following new definition: 3 No. 1 Written Laws (Miscellaneous Amendments) Act, 2018 Cap.27 the Administrator- “Official Receiver” means General appointed pursuant to the provisions of the Administrator- General (Powers and Functions) Act;” Amendment of section 74
5
Amendment of section 74
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AI-assisted research summary: Section 74 of the principal Act is amended by deleting specific words at the start of subsection (2) and replacing them with “The”.

5. The principal Act is amended in section 74 by deleting the words “The official receiver and the” appearing at the beginning of subsection (2) and substituting for them the article “The”. PART III AMENDMENT OF THE BUDGET ACT, (CAP. 439) Construction Cap.439 Amendmen t of section 21

Part

PART III

6
Construction
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AI-assisted research summary: This Part is to be read together with the Budget Act, which is called the principal Act.

6. This Part shall be read as one with the Budget Act, hereinafter referred to as the “principal Act”.
7
Amendment of section 21
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AI-assisted research summary: This section amends section 21 of the principal Act and allows the Minister, in some election timing cases, to lay the Plan and Budget Guidelines at a later National Assembly meeting.

7. The principal Act is amended in section 21, by- (a) deleting the words “ by February” wherever they appear in subsection (2) and substituting for them the words “in October or November”; (b) adding immediately after subsection (2) the following: “(3) Notwithstanding subsection (2), where the general election is scheduled to be held in the month of October or November, the Minister may the Plan and Budget Guidelines during the second meeting of the National Assembly after the general election.” lay (c) renumbering sections 3, 4 and 5 as sections 4, 5 and 6 respectively. PART IV AMENDMENT OF THE LAND ACT, (CAP. 113) Constructio n

Part

PART IV

8
Construction
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AI-assisted research summary: This section says the Part is to be read together with the Land Act and relates to amendments.

8. This Part shall be read as one with the Land Act, 4 No. 1 Written Laws (Miscellaneous Amendments) Act, 2018 Cap. 113 Amendment of section 45 Addition of new sections hereinafter referred to as the “principal Act”.
9
Amendment of section 45
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AI-assisted research summary: This provision amends section 45(2) by changing punctuation after paragraph (f) and adding a new paragraph (g) for contravention of section 120A or 120B.

9. The principal Act is amended in section 45(2), by- (a) deleting the “fulstop” appearing at the end of paragraph (f) and substituting for it a “semicolon”; (b) inserting immediately after paragraph (f) the following new paragraphs: “(g) where there is contravention of section 120A or 120B.”
10
Addition of new sections
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AI-assisted research summary: The Principal Act is amended by adding new sections after section 120.

10. The Principal Act is amended by adding immediately after section 120 the following new sections: “Mortgage of land
120A
(1)
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AI-assisted research summary: A person may mortgage land for financing, and a mortgagor must tell the Commissioner within six months how the mortgage money was invested to develop the land.

120A.-(1) the Subject to provisions of this Act, a person may mortgage any land for the purpose of money obtaining from local or the foreign bank, or local or foreign financial for institution developing his land or for any other investment. (2) The money obtained the from local or foreign bank, or local or foreign financial institution shall,- (a) where the is mortgaged land developed, be utilized further for developmen 5 No. 1 Written Laws (Miscellaneous Amendments) Act, 2018 t of the for land, investments or for other purposes; and (b) where the mortgaged land is undeveloped or underdevelope d, be utilized to develop part or whole of such mortgaged land. (3) A Mortgagor shall within six months submit to the Commissioner information as to the manner in which the money obtained from the mortgage is invested to develop the mortgaged land. from from
120B
(1) Money
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AI-assisted research summary: If the mortgagee is a local or foreign bank or financial institution, it must submit a declaration to the Commissioner that the mortgage money has been invested in Tanzania.

120B.-(1) Money a obtained mortgage a local or foreign bank, or local or foreign institution financial under to referred section 120A shall be invested in Tanzania. (2) Where the mortgagee is a local or foreign bank, or Money to be invested in Tanzania 6 No. 1 Written Laws (Miscellaneous Amendments) Act, 2018 or local foreign institution, financial the mortgagee shall the submit to a Commissioner declaration the money obtained from the mortgage is invested in Tanzania. (3) For purposes that of this section- “local in any bank” means any bank licensed by the Bank of Tanzania to undertake the banking business Tanzania; “local financial institution” means entity in licensed Tanzania to engage in the banking business, but limited as to size, locations served, or permitted as activities prescribed by the Bank of Tanzania or by required the terms and 7 No. 1 Written Laws (Miscellaneous Amendments) Act, 2018 conditions of its licence; “underdeveloped” in respect of land, means a land which is not developed in accordance the with conditions of relevant rights of occupancy; in “undeveloped” respect of land, means a land without improvement in, on, under or over such or land any without change of substantial nature in the use of such land. The
120C
Section 120C
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AI-assisted research summary: Sections 120A(2), 120A(3), and 120B(1) do not apply to land held under the Certificate of Customary Right of Occupancy.

120C. provisions of sections 120A(2),(3) and shall not 120B(1) apply to land held under the Certificate of Customary Right of Occupancy. Scope of application Non compliance under mortgage of land
120D
Section 120D
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AI-assisted research summary: Failing to comply with the requirements in sections 120A and 120B is treated as a breach of the conditions of a right of occupancy under section 45(2).

120D. Failure to comply with the under requirements 8 No. 1 Written Laws (Miscellaneous Amendments) Act, 2018 sections 120A and 120B shall constitute a of breach conditions of right of occupancy provided for section 45(2). under Procedure relating to mortgage of land
120E
Section 120E
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AI-assisted research summary: The Regulations are to prescribe the procedure and administration for enforcement under sections 120A and 120B.

120E. The for procedure and administration of enforcement section 120A and be 120B prescribed the Regulations.” shall in Amendme nt of section 120A
11
Amendment of section 120A
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AI-assisted research summary: The Principal Act’s section 120A is redesignated as section 120F.

11. The Principal Act is amended by redesignating the contents of section 120A as contents of section 120F. PART V AMENDMENT OF THE PUBLIC SERVICE ACT, (CAP. 298) Constructi on Cap 298 Amendment of Part V

Part

PART V

12
Construction
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AI-assisted research summary: This Part must be read together with the Public Service Act.

12. This Part shall be read as one with the Public Service Act, hereinafter referred to as the “principal Act”.
13
Amendment of Part V
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AI-assisted research summary: This section amends Part V by inserting a new heading about the age of retirement of a public servant.

13. The principal Act is amended in Part V by inserting immediately after the heading the following: “Age of retirement of public servant 9 A
25A
(1)
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AI-assisted research summary: Public servants may retire from the Service at the stated retirement age, and professors, senior lecturers at public universities, and medical specialists at public hospitals may retire at 60 for voluntary retirement or 65 for compulsory retirement.

25A.-(1) public servant may retire the Service- from (a) in case the of voluntary retirement upon attaining the age of fifty No. 1 Written Laws (Miscellaneous Amendments) Act, 2018 five years; and (b) in case of voluntary retirement upon attaining the age of fifty five years; and Notwithstanding (2) (1), a subsection professor or a senior lecturer of a public university a medical specialist of a public hospital may retire the Service - from or (a) in the case of voluntarily retirement, upon attaining the age of sixty years; and (b)the term in the case of compulsory retirement, upon attaining the age of sixty five years . (3) For the this of purposes section, the term: “professor” includes associate an professor; and 10 No. 1 Written Laws (Miscellaneous Amendments) Act, 2018 “medical specialist” includes any specialist above the medical doctor; and university” “public has the meaning ascribed to it under the Universities Act. Cap. 346 Passed by the National Assembly on the 30th January, 2018 STEPHEN KAGAIGAI Clerk of the National Assembly 11

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The Written Laws (Miscellaneous Amendments) Act, 2018

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About this statute

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Provisions of The Written Laws (Miscellaneous Amendments) Act, 2018

PART I

PART II

PART III

PART IV

PART V

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