The Written Laws (Miscellaneous Amendments) (No. 3) Act, 2019
This provision gives the short title of the Act and states that it concerns amendment of certain written laws.
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- The Written Laws (Miscellaneous Amendments) (No. 3) Act, 2019
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Statute overview
About this statute
This provision gives the short title of the Act and states that it concerns amendment of certain written laws. This section says the written laws listed in the Act’s Parts are amended as set out in those Parts. This Part must be read together with the Companies Act, which is called the principal Act. This section changes the Act’s definitions of “company,” “commercial activities,” “investment activities,” and “trade.” A company limited by guarantee that intends to promote commerce, investment, trade, or another activity prescribed by the Minister must be incorporated or registered under this Act.
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Provisions of The Written Laws (Miscellaneous Amendments) (No. 3) Act, 2019
Showing 96 of 96
Part
PART I
- 1
AI-assisted research summary: This provision gives the short title of the Act and states that it concerns amendment of certain written laws.
1. This Act may be cited as the Written Laws (Miscellaneous Amendments) (No. 3) Act, 2019. Amendment of certain written laws - 2 Verify source ↗
Short title
AI-assisted research summary: This section says the written laws listed in the Act’s Parts are amended as set out in those Parts.
2. The written laws specified in various Parts of this Act are amended in the manner specified in their respective Parts. PART II AMENDMENT OF THE COMPANIES ACT, (CAP. 212) Construction Cap.212
Part
PART II
- 3
AI-assisted research summary: This Part must be read together with the Companies Act, which is called the principal Act.
3. This Part shall be read as one with the Companies Act, hereinafter referred to as the “principal Act”. 5 No.3 Written Laws (Miscellaneous Amendments) Act, 2019 Amendment of section 2 - 4
AI-assisted research summary: This section changes the Act’s definitions of “company,” “commercial activities,” “investment activities,” and “trade.”
4. The principal Act is amended in section 2, by - (a) deleting the definition of the term “company” and substituting for it the following: “company” means a company formed and registered under this Act or an existing company established for investment, trade or commercial activities and any other activity as the Minister may, by notice published in the Gazette, prescribe; (b) inserting in the respective appropriate alphabetical order the following new definitions: “commercial activities” means all activities of industry and trade, including, but not limited to, the buying or selling of commodities and activities conducted for the purpose of facilitating such buying and selling; “investment activities” means transactions involving sale or purchase of equipment plants, properties, capital, stocks, debentures or other securities, assets generally not held for immediate re-sale and any other activity as the Minister may, by notice published in the Gazette, prescribe; “trade” means the transfer of goods or services from one person to another.”. - 5
AI-assisted research summary: A company limited by guarantee that intends to promote commerce, investment, trade, or another activity prescribed by the Minister must be incorporated or registered under this Act.
5. The principal Act is amended in section 3, by adding immediately after subsection (2) the following- “(3) A company which is limited by guarantee which intends to promote commerce, investment, trade or any other activity as the Minister may, by notice published in the Gazette, prescribe, shall be incorporated or registered under this Act; ”. Amendment of section 3 Addition of section 3A - 6
AI-assisted research summary: The principal Act is amended by inserting a new section after section 3 titled “Compliance with Act”.
6. The principal Act is amended by adding immediately after section 3 the following: “Compliance with Act - 3A Verify source ↗
(1) A company referred to under
AI-assisted research summary: Some companies must comply with the Act within two months of this section starting, and the Minister may extend that time on application.
3A.-(1) A company referred to under 6 No.3 Written Laws (Miscellaneous Amendments) Act, 2019 the coming section 3(3) which was incorporated or registered prior into to operation of this section shall, within two months from the date of coming into operation of this section, be required to comply with the provisions of this Act. (2) A company the provisions of limited by guarantee not having share capital, incorporated or registered under this Act and obtained a certificate of compliance under the Non- Governmental Organizations Act, shall, within two months from the date of coming into operation of this section be deemed to have been registered under the Non-Governmental Organizations Act and struck off from the register. Cap. 56 Cap. 56 (3) Notwithstanding the provisions of this section, the Minister may, upon application, extend the time within which the company has to shift to its appropriate registry. time (4) The Minister shall, when extending for under applied subsection (3), transmit the information for such extension to the Minister under whom the registry in which the company required to register belongs.” Amendment of section 12 - 7
AI-assisted research summary: This provision amends section 12(1) of the principal Act by adding “Subject to section 3(3),” at the start of paragraph (b).
7. The principal Act is amended in section 12(1), by inserting at the beginning of paragraph (b) the following- “Subject to section 3(3),”. Amendment of section 14 - 8
AI-assisted research summary: The Registrar must not register or keep on the register a company limited by guarantee that does not fall under section 3(3).
8. The principal Act is amended in section 14, by adding immediately after subsection (5) the following: 7 No.3 Written Laws (Miscellaneous Amendments) Act, 2019 Amendment of section 32 “(6) The Registrar shall not register or maintain in the register a company limited by guarantee which does not fall under section 3(3)”. - 9
AI-assisted research summary: The Registrar may licence certain commerce-promoting associations to register as private companies with limited liability, without adding “limited” to the name, if the stated profit and dividend conditions are met.
9. The principal Act is amended in section 32, by deleting subsection (1) and substituting for it the following- “(1) Where it is proved to the satisfaction of the Registrar that an association about to be formed as a private company for promoting commerce intends to apply its profits, if any, or other income in promoting its objects, and to prohibit the payment of any dividend to its members, the Registrar may by licence direct that the association may be registered as a private company with limited liability, without the addition of the word “limited” to its name, and the association may be registered accordingly and shall on registration, enjoy all the privileges and, subject to the provisions of this section, be subject to all the obligations of limited companies.” Addition of section 400A - 10 Verify source ↗
Construction
AI-assisted research summary: The Registrar has power to strike off a company that was fraudulently registered or is conducting illegal business.
10. The principal Act is amended by adding immediately after section 400 the following- “Powers of Registrar to strike off a company fraudulently registered or conducting illegal business - 400A Verify source ↗
(1) Where
AI-assisted research summary: The Registrar may notify a company of intended strike-off, and may strike it off if the company does not respond satisfactorily; the company and others may seek court restoration.
400A.-(1) Where reasonable cause to believe that- the Registrar has (a) a registered company has been fraudulently registered; (b) a registered company is engaged in criminal activities such as money human laundering, trafficking, trafficking, drug terrorism financing or any other offence as may be prescribed by the Minister upon consultation with the relevant authorities; (c) at the time of incorporation, there was misrepresentation or fraud by a registered company; 8 No.3 Written Laws (Miscellaneous Amendments) Act, 2019 (e) a (d) by operation of law, all shareholders or directors have been prohibited from entering the country; or registered is its contrary operating objectives as prescribed in the memorandum and articles of association, company to he shall issue a notice in writing to the company, of his intention to strike the company off the register. (2) Upon receipt of the notice referred to under subsection (1), the company may, within thirty days- (a) provide to the Registrar reasons in writing as to why the company should not be struck off the register; or (b) challenge the notice of strike intention the to company off register by making an application to the competent of court jurisdiction. (3) Where the company fails to provide reasons under subsection (2) within the prescribed time or where the reasons provided are not satisfactory, the Registrar shall strike the company off register, publish in the Gazette the name of the company which has been struck off and notify the company of its decision and the reasons thereof. 9 No.3 Written Laws (Miscellaneous Amendments) Act, 2019 (4) Where a company, member or creditor is aggrieved by the decision of the Registrar under subsection (3) shall, within five years from the date of publication in the Gazette, apply to the court for restoration of the company in the register: Provided that, the Registrar shall not, within such period of five years, register another company with the same name. (5) Upon the application for restoration, the court may- receipt of (a) order restoration of the company in the register; and in the (b) give such directions and make such provisions as seem just for the company and all placing other persons same position as nearly as may be as if the name of the company had not been struck off. (6) The company restored under subsection (5) shall be deemed to have continued in existence as if its name had not been struck off, and the court may, by order, give such directions and make such provisions as seem just for placing the company and all other persons in the same position as nearly as may be as if the name of the company had not been struck off. (7) The Minister may make regulations necessary or convenient for 10 No.3 Written Laws (Miscellaneous Amendments) Act, 2019 better carrying out or giving effect to this section.” PART III AMENDMENT OF THE COPYRIGHT AND NEIGHBOURING RIGHTS ACT, (CAP. 218) Construction Cap. 218
Part
PART III
- 11
AI-assisted research summary: This section says this Part must be read together with the Copyright and Neighbouring Rights Act, which it calls the principal Act.
11. This Part shall be read as one with the Copyright and Neighbouring Rights Act, hereinafter referred to as the “principal Act”. Amendment of section 4 - 12
AI-assisted research summary: This section amends section 4 of the principal Act by replacing the definition of “Court” with a new definition of “court”.
12. The principal Act is amended in section 4, by deleting the definition of the word “Court” and substituting for it the following: ““court” means jurisdiction;” the court of competent Amendment of section 9 - 13
AI-assisted research summary: This provision amends section 9 by adding a new item about a right to benefit from re-sale and renumbering later paragraphs.
13. The principal Act is amended in section 9, by- (a) inserting immediately after paragraph (h) the following: “(i) right to benefit from re-sale;” (b) renaming paragraph (i) and (j) as paragraphs (j) and (k) respectively;” Addition of section 15A - 14
AI-assisted research summary: This provision amends the principal Act by adding a new section after section 15 titled “Requirement for authorization.”
14. The principal Act is amended by adding immediately after section 15 the following- “Requirement for authorization - 15A Verify source ↗
Any person who intends to use any right
AI-assisted research summary: A person who wants to use a right protected by this Act must first get authorization from the copyright holder.
15A. Any person who intends to use any right protected pursuant to the provisions of this Act, shall be obliged to seek authorization from the copyright’s holder.” Amendment of section 42 - 15
AI-assisted research summary: This amendment increases penalties for copyright piracy offences and adds possible suspension for a legal person regulated by the Tanzania Communications Regulatory Authority.
15. The principal Act is amended in section 42 by- (a) in subsection (1), deleting paragraphs (a) and (b) and substituting for them the following- 11 No.3 Written Laws (Miscellaneous Amendments) Act, 2019 “(a) in the case of the first offence in commercial basis, a fine of not less than thirty twenty million percentum of the value of the pirated copyright material, whichever is higher or to imprisonment for a term of not less than six months but not exceeding three years or to both; and shillings or (b) in case of each subsequent offence in commercial basis, a fine of not less than thirty million shillings or fifty percentum of the value of the pirated copyright material, whichever is higher or to imprisonment for a term of not less twelve months but not exceeding five years or to both, in addition, order compensation to the right holder." (b) by adding immediately after subsection court may than the (1) the following: “(1A) In addition to the punishment under subsection (1), where the offender is a legal person regulated by Tanzania Communications Regulatory Authority, the person may be subjected to suspension in accordance Tanzania Communications Regulatory Authority Act.” with the Cap. 172 Addition of section 42A - 16
AI-assisted research summary: This section introduces a new section after section 42 on compounding of offences.
16. The principal Act is amended by adding immediately after section 42 the following new section- “Compounding of offences - 42A Verify source ↗
(1) Notwithstanding
AI-assisted research summary: The Copyright Administrator, or someone authorized in writing, may compound a copyright-related offence before court proceedings begin if the person admits the offence in writing.
42A.-(1) Notwithstanding this Act the provisions of to penalties, where a person admits in writing that he has committed an offence relating 12 No.3 Written Laws (Miscellaneous Amendments) Act, 2019 this Act, under the Copyright Administrator 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- reasonable (a) the sum of money together with all expenses Copyright Society of Tanzania may have incurred in connection with the offence; and in an (b) all fees and charges which would have been due where the action had been authorised under this Act. (2) Where is offence compounded accordance with subsection (1) and criminal proceedings are brought against the offender for the same offence, it shall be a good defence for such offender the satisfaction of the Court that the offence with which the offender is charged has been compounded under subsection (1). to prove to (3) Where a person fails to comply with the order issued under this section within the prescribed period, the Copyright Administrator - (a) shall, in addition to sum ordered, require the person to pay an interest at the rate prescribed in the regulations; and 13 No.3 Written Laws (Miscellaneous Amendments) Act, 2019 (b) may enforce the order in the same manner as a decree of a court for the payment of the amount the stated notification.” in (4) Where is the compounded under payment of sum of money shall not exceed twenty million shillings.”. an offence this section, Amendment of section 47 - 17
AI-assisted research summary: Section 47 is amended by inserting the word “contracts” between “works” and “productions” in paragraph (b).
17. The principal Act is amended in section 47, by inserting the word “contracts” between the words “works,” and “productions” appearing in paragraph (b).” PART IV AMENDMENT OF THE FILMS AND STAGE PLAYS ACT, (CAP. 230) Construction Cap. 230
Part
PART IV
- 18
AI-assisted research summary: This Part is to be read together with the Films and Stage Plays Act, which is called the principal Act.
18. This Part shall be read as one with the Films and Stage Plays Act, hereinafter referred to as the “principal Act”. General amendment Amendment of section 2 - 19
AI-assisted research summary: This section amends the principal Act by replacing references to the Central Censorship Board and Regional Censorship Board with the Tanzania Film Board and Regional Film Board, respectively.
19. The principal Act is generally amended by deleting the words “Central Censorship Board” and “Regional Censorship Board” wherever they appear in the Act and substituting for them the words “Tanzania Film Board” and Regional Film Board” respectively. - 20
AI-assisted research summary: This section amends several definitions in the principal Act, including “classification and certification,” “film association,” “film industry,” “Board,” and “theatre,” and removes the words “censorship of” from the definition of “Minister.”
20. The principal Act is amended by- (a) inserting in their appropriate alphabetical order the following new definitions: “classification and certification” means a motion picture content rating system designated to classify films with regard to suitability for audiences in terms of issues such as sex, 14 No.3 Written Laws (Miscellaneous Amendments) Act, 2019 violence, substance abuse, profanity, impudence or other type of mature content; “film association” means any group, network or federation dealing with matters related to film and stage plays; “film industry” comprises the technological and commercial institutions of film making, film production companies, film studios, filming and photographic agents and fixers, cinematography, animation, film product, screen writing, pre-production, film festivals, distribution and actors, film directors and other film crew personnel; “Board” means the Tanzania Film Board;” (b) deleting the definition of the term “theatre” and substituting for it the following: “theatre” means any building, premise, venue, video exhibition centres or place at which a film is publicly exhibited or a stage play is publicly performed;” and (c) deleting the words “censorship of” appearing in the definition of the term “Minister”. - 21
AI-assisted research summary: This provision amends the principal Act by adding a new section about a requirement for foreign production companies after section 6.
21. The principal Act is amended by adding “Requirement for foreign production company immediately after section 6 the following new section: - 6A Verify source ↗
(1) Any
AI-assisted research summary: Production companies, individuals, and foreign film producers have filing and insurance duties when using Tanzania scenes, content, or locations for filming.
6A.-(1) Any production company or individual using Tanzania scene, content and location for filming the whole or any part of a film, advertisement, or program, shall- documentary foreign (a) submit to the Board raw footage; (b) acknowledge physical all locations used for filming; 15 Addition of section 6A No.3 Written Laws (Miscellaneous Amendments) Act, 2019 (c) submit a copy of a finished film, advertisement, documentary or program; (d) sign a prescribed clearance form before exiting Tanzania and submit the same to the Board or any other authority appointed by the Board; and its (e) grant rights to the government of Tanzania to use content for the purposes of promoting Tanzania resources, and potential tourism, photographic location and cultural attraction which are public through distributed broadcasts, programs, cable sound or visual recordings or any other digital platform used by public broadcaster: Provided that, such use is compatible with fair practice and that the source and the name of the executive producer and production company are mentioned in or the advertisement. documentary film, (2) Any person who contravenes subsection (1) shall, upon conviction, be liable to a fine of not less than five percentum of the production cost of the film, advertisement, documentary or program. (3) Every foreign film producer shall include a public liability insurance policy and insurance policy in every 16 No.3 Written Laws (Miscellaneous Amendments) Act, 2019 contract he signs with actors and crew. (4) Any person who contravenes subsection (3) shall, upon conviction, be liable to a fine of not less than one percentum of the production cost of the film.” Repeal and replacement of section 14 - 22
AI-assisted research summary: This provision amends the principal Act by repealing section 14 and replacing it with new text beginning “Functions of Board.”
22. The principal Act is amended by repealing section 14 and replacing for it the following: “Functions of Board - 14
AI-assisted research summary: The Board has broad duties to regulate and license film-related activities, classify and certify works, and oversee district film committees.
14.-(1) The Board shall have the following functions: (a) to regulate film industry and stage plays, foreign and local motion pictures, television, radio and stage plays’ practitioners and dealers; stage and plays performances; production (b) to monitor the quality of motion pictures and stage plays; pictures, (c) to license distribution, exhibition, plays’ motion exhibition venues, libraries, studios, production and distribution companies and individuals, online distribution and exhibition infrastructures; stage (e) to (d) to accredit, classify and register practitioners and dealers of motion pictures, television plays, radio plays and stage plays; coordinate promote development of film sector, local and international markets, motion picture festivals and awards, talent identification, talent promotion, activities and events related to film and stage and 17 No.3 Written Laws (Miscellaneous Amendments) Act, 2019 plays; (f) to classify and certify motion pictures, video films and stage plays; the government and stakeholders on matters of or related to the film sector in Tanzania; (g) to advise (h) to solicit for opportunities and investments in motion pictures and stage plays; (i) to and supervise regulate professionalism, ethics and etiquettes in the film industry and stage play; and (j) to perform any other functions related to motion pictures and stage plays. (2) Without prejudice to subsection (1), it shall be the duty of every film Board to examine every film, and every poster or description thereof, submitted to it under this Act, with a view to deciding whether, and if so in what manner, it should be approved for exhibition: that, and notwithstanding the Provided provision of section 18, if the Board so decides, it may approve a film or poster for exhibition to the public without examining it. (3) There shall be film committee established in every district which shall be appointed by the Board. (4) The film committee appointed under subsection (3) shall perform duties as may directed by the Board.” 18 No.3 Written Laws (Miscellaneous Amendments) Act, 2019 Amendment of section 15 - 23
AI-assisted research summary: This provision amends section 15(1)(c) by replacing the word “censorship” with “classification and certification”.
23. The principal Act is amended in section 15(1), by deleting the word "censorship" appearing in paragraph (c) and substituting for the words "classification and certification". it Amendment of section 16 - 24
AI-assisted research summary: A person must not display or advertise a film poster in a public place, or make it visible from a public place, unless the Film Board has first approved it.
24. The principal Act is amended in section 16, by deleting subsection (1) and substituting for it the following: “(1) A person shall not display or advertise or cause or permit to be displayed or advertised in a public place, so as to be visible from a public place, any film poster unless a Film Board has first approved a poster for public display through any platform or media display.”. Addition of section 31A - 25
AI-assisted research summary: This section amends the principal Act by inserting new text immediately after section 31.
25. The principal Act is amended by adding immediately after section 31 the following: “Profit returns - 31A Verify source ↗
(1) The Board shall, for every usage,
AI-assisted research summary: The Board is entitled to prescribed benefits from use, sale, and resale of filmed content from Tanzania by a foreign film producer, and must set guidelines and procedures for access to famous filming locations.
31A.-(1) The Board shall, for every usage, sale, and re-sale of contents filmed in Tanzania by a foreign film producer, be entitled to a prescribed benefits. (2) The Minister may make regulations prescribing for- of (a) determinations benefits referred to under subsection (1); (b) terms for conditions acquisition producers’ of filming permits issued pursuant to section 5. and (3) The Board shall set guidelines and procedures for accessing famous filming locations.”. 19 No.3 Written Laws (Miscellaneous Amendments) Act, 2019 Amendment of section 34 - 26
AI-assisted research summary: This provision amends section 34(2) by replacing the word “negative” with “footage clip or any material used to make such film.”
26. The principal Act is amended in section 34(2), by deleting the word “negative” appearing in paragraph (a) and substituting for it the words “footage clip or any material used to make such film.”. Amendment of section 38 - 27 Verify source ↗
Construction
AI-assisted research summary: This section amends section 38 of the principal Act to add a paragraph about prescribing conduct, discipline, professional ethics, and etiquettes for the film industry and stage play.
27. The principal Act is amended in section 38, by- (a) adding immediately after paragraph (q) the following: “(r) prescribing the code of conduct and discipline, professional ethics and etiquettes in the film industry and stage play”; (b) renumbering paragraph (r) as paragraph (s). PART V AMENDMENT OF THE NON-GOVERNMENTAL ORGANIZATIONS ACT, (CAP. 56) Construction Cap.56
Part
PART V
- 28
AI-assisted research summary: This section says this Part must be read together with the Non-Governmental Organizations Act, called the principal Act.
28. This Part shall be read as one with the Non- Governmental Organizations Act, hereinafter referred to as the “principal Act”. Amendment of section 2 - 29
AI-assisted research summary: This section replaces the definition of “Non-Governmental Organization” and says the Minister may declare an organisation not to be an NGO by Gazette order.
29. The principal Act is amended in section 2, by deleting the definition of the term “Non-Governmental Organisation” and substituting for it the following: “Non-Governmental Organization” also known by its acronym "NGO'' and which includes Community Based Organisation (CBO) means a voluntary grouping of individuals or organizations which is non-partisan or non-profit sharing established and operates for the benefit or welfare of the community or public, organized at the local, national or international levels for the purpose of enhancing or promoting economic, environmental, social or cultural development or protecting environment, good governance, law and order, human rights and 20 No.3 Written Laws (Miscellaneous Amendments) Act, 2019 Cap. 212 Cap. 318 Cap. 366 Cap. 211 Cap. 337 Cap. 258 Cap. 407 lobbying or advocating on such issues; but does not include: (a) a company formed and registered under the Companies Act, (b) a trust formed and registered under the Trustees’ Incorporation Act; (c) a trade union formed and registered under the Employment and Labour Relations Act; (d) a religious or faith propagating organisation; (e) a cooperative society formed and registered under the Cooperative Societies Act; (f) an agricultural association formed and registered under any written law other than this Act; (g) a society formed and registered under the Societies Act; (h) a political party formed and registered under the Political Parties Act; (i) a community microfinance group (VICOBA) registered under the Microfinance Act; (j) a sports association formed and registered the National Sports Council of under Tanzania Act; and (k) any organisation which the Minister may, by order published in the Gazette, declare not to be a non-governmental organisation for the purpose of this Act; Amendment of section 4 - 30
AI-assisted research summary: The registrar must give a Non-Governmental Organization 30 days’ notice and report to the Board before suspending operations, and the Minister may issue monitoring and evaluation guidelines.
30. The principal Act is amended in section 4(1), by- (a) inserting immediately after paragraph (h) the following: “(i) to suspend the operation of any Non- Governmental Organization which violates the provisions of this Act 21 No.3 Written Laws (Miscellaneous Amendments) Act, 2019 Addition of section 4A (j) pending determination of the Board; to conduct monitoring and evaluation of Non-Government Organizations activities on quarterly basis and report to the Board;” and (b) renumbering paragraph (i) as paragraph (k). immediately after section (2) (c) adding the following: "(3) Notwithstanding subsection (1)(i), the registrar the operations of a Non- shall, before suspending Governmental Organization, give such Organization, a notice of thirty days to show cause as to why its operations should not be suspended, and report the Board accordingly. to (4) The Minister may issue guidelines which are necessary for monitoring and evaluating the operations of the Non-Governmental Organizations.” - 31 Verify source ↗
Construction
AI-assisted research summary: This provision says the principal Act is amended to add a new section after section 4 about the Registrar’s power to investigate.
31. The principal Act is amended by adding The “Power to investigate Registrar may, immediately after section 4 the following: - 4A Verify source ↗
(1)
AI-assisted research summary: The Registrar may require help from law enforcement organs or public entities, and must investigate matters as required while working with them.
4A.-(1) in implementing the duties under section 4 and in collaboration with law enforcement organs, investigate any matter as required. (2) The Registrar may require any law enforcement organ or public entity to provide such facilities and services of its employees as may be deemed necessary to assist the Registrar in performing the functions under this Act. (3) It shall be the duty of every person, law enforcement organ or public entity to afford the Registrar the cooperation and assistance necessary the performance of his functions under this Act or any other written laws.” enable to 22 No.3 Written Laws (Miscellaneous Amendments) Act, 2019 Addition of section 8A - 32
AI-assisted research summary: This section amends the principal Act by inserting a new section after section 8 titled “De-registration of Non-Government Organization.”
32. The principal Act is amended by adding immediately after section 8 the following: “De-registration of Non- Government Organization - 8A Verify source ↗
(1). An Organization registered under
AI-assisted research summary: Some registered organizations that do not qualify as NGOs under section 2 are treated as de-registered after two months, unless the Minister extends the time.
8A.-(1). An Organization registered under this Act, and which does not fit to be a Non-Governmental Organization by virtue of section 2 shall, after expiration of two months from the date of coming into operation of this section, be deemed to have been de-registered.” (2) Notwithstanding the provisions of subsection (1), the Minister may, upon application, extend time within which an organization has to shift to its appropriate registry. (3) The Minister shall, when extending time applied for under subsection (2), such transmit extension to the Minister under whom the registry in which the organization required to register belongs.”. information the the for Amendment of section 11 Amendment of section 17 - 33
AI-assisted research summary: This provision amends section 11 of the principal Act by deleting subsections (3), (4), (5), and (6).
33. The principal Act is amended in section 11, by deleting subsections (3), (4), (5) and (6). - 34
AI-assisted research summary: Renewal of a certificate of registration is due every ten years, and the renewal application must be filed six months before expiry.
34. The principal Act is amended in section 17, by adding immediately after subsection (2) the following: “(3) A certificate of registration issued under this section shall be subject to renewal after a period of ten years. (4) An application for renewal of certificate of registration shall be made six months before the expiry date of its registration. (5) The Board shall renew a certificate of registration upon being satisfied that the organization has 23 No.3 Written Laws (Miscellaneous Amendments) Act, 2019 complied with the requirements of registration under this Act and any other written laws. (6) Notwithstanding subsection (5), the Board shall, in deciding whether to renew or refuse renewal of certificate of registration, adhere to the conditions stated under section 14 of this Act.” (7) The Minister may make regulations for better carrying out the provisions of this section.” Amendment of section 29 - 35
AI-assisted research summary: Section 29(1)(b) is amended to require the added words “and shall be made available to the public.”
35. The principal Act is amended in section 29(1), by adding at the end of paragraph (b) the words “and shall be made available to the public”. Amendment of section 31 - 36 Verify source ↗
Addition of section 8A
AI-assisted research summary: This provision amends section 31 by adding a new paragraph requiring adherence to financial transparency and accountability principles under other written laws, and renumbers the existing paragraph (c) as (d).
36. The principal Act is amended in section 31, by- the immediately after paragraph (b) (a) adding following- “(c) to adhere to the principles of financial transparency and accountability as prescribed under other written laws;” and (b) renumbering paragraph (c) as paragraph (d). PART VI AMENDMENT OF THE SOCIETIES ACT, (CAP. 337) Construction Cap.337
Part
PART VI
- 37
AI-assisted research summary: This section says this Part is to be read together with the Societies Act, which is called the principal Act.
37. This Part shall be read as one with the Societies Act, hereinafter referred to as the “principal Act”. General amendment - 38
AI-assisted research summary: This section amends the principal Act by replacing certain words and phrases throughout it, with one exception.
38. The principal Act is amended generally, by - (a) deleting the words “local society” wherever they appear in the Act and substituting for them the words “society”; (b) deleting the words “order and good government” wherever they appear in the Act and substituting for them the words “order, morality and good governance”; and 24 No.3 Written Laws (Miscellaneous Amendments) Act, 2019 Amendment of section 2 (c) deleting the word “President” wherever it appears in the Act except under sections 5 and 8, and substituting for it the word “Registrar”. - 39
AI-assisted research summary: This section changes the Act’s definition of “society” and “unlawful society.”
39. The principal Act is amended in section 2, by- (a) deleting the definition of the terms “ exempted society” and “local society”; and (b) deleting the definition of the word “society” and substituting for it the following: “society” means a non-partisan and non-political association of ten or more persons established for professional, social, cultural, religion or economic benefits or welfare of its members, formed and registered as such under this Act, but does not include- Cap. 212 Cap. 318 Cap. 366 Cap. 211 (a) a company formed and registered under the Companies Act; (b) a trust formed and registered under the Trustees’ Incorporation Act; (c) a trade union formed and registered under the Employment and Labour Relations Act; (d) a cooperative society formed and registered under the Cooperative Societies Act; (e) an agricultural association formed and registered under any written law other than this Act; (f) a political party formed and registered Cap. 258 under the Political Parties Act; (g) a non-governmental organisation formed the Non- and Governmental Organisations Act; registered under Cap. 56 (h) a community microfinance (VICOBA) registered under group the 25 No.3 Written Laws (Miscellaneous Amendments) Act, 2019 Cap. 407 Microfinance Act; Cap. 49 (i) a sports association formed and registered the National Sports Council of under Tanzania Act; and (j) any society which the Minister may, by order published in the Gazette, declare not to be a society for the purpose of this Act; (c) deleting the definition of the words “unlawful society” and substituting for them the following- “unlawful society” means any society declared as such pursuant to section 8”. Repeal of sections 3 and 4 - 40
AI-assisted research summary: Sections 3 and 4 of the principal Act are repealed and replaced.
40. Sections 3 and 4 of the principal Act are hereby repealed and replaced with the following: “Registration of association Cessation of registered society Power of Minister to extend time - 3
AI-assisted research summary: An association may not operate as a society unless it is registered with the Registrar.
3. An association shall not operate as a society within the meaning of this Act, unless it is registered with the Registrar in accordance with the provisions of this Act.” - 4
AI-assisted research summary: An association registered under this Act that does not qualify as a society under section 2 is deemed to be de-registered after two months from when this section comes into force.
4. An association registered under this Act, and which does not fit to be a society by virtue of section 2 shall, after expiration of two months from the date of coming into operation of this section, be deemed to have been de-registered. - 5
AI-assisted research summary: The Minister may extend the time for an application related to the association’s registry, and must send the extension information to the relevant Minister.
5.-(1) Notwithstanding the provisions of the Minister may, upon this Act, application, extend the time within which the association has its appropriate registry. (2) The Minister shall, when extending time applied for under section (1), transmit the information for such extension to the to shift to 26 No.3 Written Laws (Miscellaneous Amendments) Act, 2019 Minister under whom the registry in which the organization register belongs.” required to Repeal and replacement of section 7 - 41
AI-assisted research summary: This provision amends the principal Act by repealing section 7 and replacing it with new text.
41. The principal Act is amended by repealing section 7 and replacing for it the following: “Registration of societies intending to - 7
AI-assisted research summary: Foreign societies operating in Tanzania must comply with registration requirements under the Act, and unregistered societies commit an offence if they carry on business as a society in Tanzania.
7.-(1) A foreign society operate in Tanzania shall comply with registration requirements under this Act. (2) It shall be an offence for any society which is not registered in accordance with the provisions of this Act to carry out its business as a society in Tanzania. this section, (3) For "foreign society registered outside of the United Republic and operates in the country.” the purpose of society" means a Amendment of section 8 - 42
AI-assisted research summary: A society ordered by the President to be dangerous to good governance in Tanzania must be de-registered, and the order remains in force until revoked.
42. The principal Act is amended in section 8, by- (a) deleting subsection (2) and substituting for it the following: (2) Any society declared by order of the President to be a society dangerous to the good governance of Tanzania, shall be the declared provisions of this section and every such order made under the provisions of this section shall continue in force until revoked under this Act. to be unlawful under (b) deleting the words "or deemed to be made" appearing in subsections (3) and (4); (c) deleting subsection (6) and substituting for it the following: “(6) Any society against which an order under this section is made, shall be de-registered.” 27 No.3 Written Laws (Miscellaneous Amendments) Act, 2019 Repeal of section 9 Amendment of section 10 Repeal of sections 11 and 12 Amendment of section 14 Repeal of section 16 Amendment of section 17 - 43
AI-assisted research summary: This provision amends the principal Act by repealing section 9.
43. The principal Act is amended by repealing section 9. - 44
AI-assisted research summary: Section 44 amends section 10 of the principal Act, renaming the marginal note to “Provisions on de-registration” and replacing subsection (1) so the section applies to societies whose registration has been cancelled.
44. The principal Act is amended in section 10, by- (a) deleting marginal note and substituting for it the following “Provisions on de-registration”; (b) deleting subsection (1) and substituting for it the following: “(1) The provisions of this section shall apply to any society whose registration has been cancelled under this Act.” - 45
AI-assisted research summary: This provision amends the principal Act by repealing sections 11 and 12.
45. The principal Act is amended by repealing sections 11 and 12. - 46
AI-assisted research summary: Section 14 is amended so the Registrar must not register a society if the stated condition applies.
46. The principal Act is amended in section 14, by deleting the opening words and substituting for them the following: “The Registrar shall not register a society if-” - 47
AI-assisted research summary: This section says the principal Act is amended by repealing section 16.
47. The principal Act is amended by repealed section 16. - 48
AI-assisted research summary: This provision amends section 17 by replacing the phrase “effected under section 12” with “registered under the provisions of this Act.”
48. The principal Act is amended in section 17, by deleting the words “effected under section 12” appearing in the opening phrase and substituting for them the words “registered under the provisions of this Act” Amendment of section 19 - 49
AI-assisted research summary: This provision amends section 19 of the principal Act by replacing one phrase with another.
49. The principal Act is amended in section 19, by deleting the words “section 8 is in force” and substituting for them the words “sections 8, 14 and 17”. Amendment of section 20 - 50
AI-assisted research summary: This provision amends section 20 of the principal Act by deleting specific words from subsections (1) and (2).
50. The principal Act is amended in section 20, by- (a) deleting the words “or exempted society” 28 No.3 Written Laws (Miscellaneous Amendments) Act, 2019 Amendment of section 25 appearing in subsection (1); and (b) deleting the words “or exempted society, as the case may be” appearing in subsection (2). - 51
AI-assisted research summary: This provision amends section 25 of the principal Act, raising a shilling amount in subsection (1) and changing wording in subsection (2), and it also notes amendments to sections 26 and 27 and repeal of section 28.
51. The principal Act is amended in section 25, by- (a) in subsection (1), deleting the words “not exceeding ten thousand shillings” and substituting for them the word “not less than one million shillings but not exceeding ten million shillings”; (b) in subsection (2), deleting the phrase "subordinate court presided over by a District magistrate of a Resident Magistrate" appearing in subsection (2) and substituting for it the words "District Court presided over by Resident Magistrate;" Amendment of section 26 Amendment of section 27 Repeal of section 28 - 52
AI-assisted research summary: Section 52 amends section 26 by replacing the old fine wording with a new shilling range: not less than 200,000 and not more than 2,000,000.
52. The principal Act is amended in section 26, by deleting the words “not exceeding five thousand shillings” and substituting for them the words “not less than two hundred thousand shillings but not exceeding two million shillings”. - 53
AI-assisted research summary: Section 53 amends section 27 by replacing a lower penalty amount with a new shilling range of not less than 200,000 and not exceeding 2,000,000.
53. The principal Act is amended in section 27, by deleting the words “not exceeding five thousand shillings” and substituting for them the word “not less than two hundred thousand shillings but not exceeding two million shillings”. - 54 Verify source ↗
Construction
AI-assisted research summary: Section 28 of the principal Act is repealed.
54. Section 28 of the principal Act is hereby repealed. 29 No.3 Written Laws (Miscellaneous Amendments) Act, 2019 Construction Cap. 351 Amendment of section 3 PART VII AMENDMENT OF STATISTICS ACT, (CAP. 351)
Part
PART VII
- 55
AI-assisted research summary: This Part must be read together with the Statistics Act, which is called the principal Act.
55. This Part shall be read as one with the Statistics Act, hereinafter referred to as the “principal Act”. - 56 Verify source ↗
Construction
AI-assisted research summary: This section amends the Act’s definitions in section 3 and adds definitions for statistical information, survey, international standards, and national standards.
56. The principal Act is amended in section 3, by (a) deleting the definitions of the terms “statistical information” and “survey” and substituting for them the following: “statistical information” means any organized data obtained from census, surveys or administrative data; and “survey” means method of collecting data from a sample of population with a national, regional or district level coverage;” (b) inserting in their appropriate alphabetical order the following: “international standards” means standards or guidelines for producing statistical information prescribed in the African Charter on Statistics, 2009, the Fundamental Principles of Official Statistics of the United Nations, other standards issued by recognized international organizations and includes international best practices; “national standards” means standards or guidelines for the information issued by producing statistical Bureau”; Amendment of section 6 - 57
AI-assisted research summary: This provision amends section 6 of the principal Act by adding a new paragraph about coordinating the publishing of statistical information, and by renaming later paragraphs.
57. The principal Act is amended in section 6, by- (a) inserting (f) immediately after paragraph the following: “(g) coordinate publishing of statistical information;” and 30 No.3 Written Laws (Miscellaneous Amendments) Act, 2019 (b) renaming paragraphs (g) and (h) as paragraphs (h) and (i) respectively. Amendment of section 19 - 58
AI-assisted research summary: This provision amends section 19 of the principal Act by adding the words “and publish” between “collect” and “official”.
58. The principal Act is amended in section 19, by inserting the words “and publish” between the words “collect” and “official”. - 59
AI-assisted research summary: This provision amends the principal Act by repealing sections 24A and 24B and replacing them with new text.
59. The principal Act is amended by repealing sections 24A and 24B and replacing for them the following: Repeal and replacement of sections 24A and 24B “Establishment of Technical Committee - 24A Verify source ↗
(1) There shall be established a Committee
AI-assisted research summary: This section establishes the Statistics Technical Committee and lets the Minister make regulations about how matters are referred to it, how its findings are published, who is appointed, and how it conducts proceedings.
24A.-(1) There shall be established a Committee to be known as the Statistics Technical Committee which shall be responsible for determination of matters referred to it pursuant to the provisions of this Part. (2) The Technical Committee shall work on ad hoc basis and shall be composed of the following members who shall be appointed by the Minister: (a) Chairman; (b) two members who are knowledgeable on statistics from higher learning institutions or research institutions, one of whom shall be from outside the Country; and (c) two other members who are conversant with and possess expertise on matters relating to statistics and the subject to be determined, one of whom shall be from outside the Country. (3) For the purposes of this section, the Minister may make regulations prescribing- (a) modality of referring matters to the Technical Committee; (b) mode of publication of the findings of the Technical Committee; 31 No.3 Written Laws (Miscellaneous Amendments) Act, 2019 Principles guiding and collection dissemination of statistical information (c) appointment of members referred to under subsection (2)(c); and (d) procedures for conducting proceedings of the Technical Committee. (4) In discharging the its mandate, Technical Committee shall abide with the international standards, national standards and provisions of this Act. - 24B Verify source ↗
(1) Every person shall, subject to the
AI-assisted research summary: Every person has a right to collect and disseminate statistical information, but dissemination must follow the Act and standards.
24B.-(1) Every person shall, subject to the provisions of this Act, have a right to collect and disseminate statistical information. (2) Any person who intends to disseminate collected statistical information pursuant to this section shall abide with international standards, national standards and the provisions of this Act governing statistical information. (3) Without prejudice the generality of subsection (2), a person intending to disseminate statistical information shall, before disseminating such information, take into consideration- to (a) professional considerations, scientific principles and professional ethics on the the methods collection, and presentation of statistical data; for storage processing, procedures and (b) the duty to present in accordance with scientific standards on the sources, methods and procedures of statistics; and information (c) the duty of ensuring objectivity and impartiality in reporting the results of statistical information. 32 No.3 Written Laws (Miscellaneous Amendments) Act, 2019 Right of Bureau to challenge statistical information from other sources - 24C Verify source ↗
(1) Notwithstanding
AI-assisted research summary: The Bureau may challenge misleading or incorrect statistical information, and may either issue a public statement or refer the matter to the Technical Committee.
24C.-(1) Notwithstanding the provisions of sections 24B, the Bureau shall have the right to challenge the misuse or misinterpretation of statistical information disseminated by any other person if such statistical information contains fundamental errors or does not abide with the principles specified under section 24B(3). In exercising right under the (2) subsection (1), the Bureau may- (a) make a statement to the public pointing out the fundamental errors identified and principles not abided with; or (b) refer the matter to the Technical Committee for determination. Right to challenge statistics produced by Bureau - 24D Verify source ↗
Every person shall have the right to
AI-assisted research summary: Every person has the right to challenge official statistics produced by the Bureau, by following the procedure set in the regulations and referring the matter to the Technical Committee.
24D. Every person shall have the right to challenge official statistics produced by the Bureau by, subject to the procedure specified in the regulations, referring the matter to the Technical Committee for determination. Right to publish findings - 24E Verify source ↗
(1) A person who has different findings
AI-assisted research summary: A person with different findings from the Bureau’s official statistics may publish and submit those findings to the Bureau, and the Bureau may challenge them if it disagrees.
24E.-(1) A person who has different findings from official statistics disseminated by the Bureau shall, subject to the provisions of this Act, have the right to publish such findings and submit such findings to the Bureau. (2) Where the Bureau disagrees with the findings published under subsection (1), may challenge such official statistics by- (a) publishing a statement pointing out all areas of disagreement; or (b) referring the matter to the Technical Committee for determination. 33 No.3 Written Laws (Miscellaneous Amendments) Act, 2019 Determination by Technical Committee - 24F Verify source ↗
(1) Upon receipt of any matter referred to it
AI-assisted research summary: The Technical Committee must determine and publish its findings on referred matters, and its determination is final and conclusive. If the matter is withdrawn or corrected before determination, the Committee must direct withdrawal or publish the correction.
24F.-(1) Upon receipt of any matter referred to it pursuant to this Part, the Technical Committee findings shall determine and publish accordingly. its (2) The determination of the Technical Committee referred to under subsection (1) of the final and Technical Committee conclusive. shall be subsection (3) Notwithstanding the (1), Technical Committee where, before determines the matter brought before it, the author of the information decides to withdraw publication of such information or agrees to the extent of correct disagreement, the Technical Committee shall- information the to (a) in the case of withdrawal, direct the to author withdrawal and give the reasons thereof; and to publish his decision (b) in the case of correction, cause the corrections made to the information be published.”. - 60 Verify source ↗
Amendment of section 6
AI-assisted research summary: This section amends section 37 of the principal Act by deleting subsection (4) and renumbering former subsection (5) as subsection (4).
60.The principal Act is amended in section 37, by- (a) deleting subsection (4); and (b) renumbering subsection (5) as subsection Amendment of section 37 (4).” 34 No.3 Written Laws (Miscellaneous Amendments) Act, 2019 PART VIII AMENDMENT TANZANIA SHIPPING AGENCIES ACT, (CAP. 415) Construction Cap.415 Amendment of section 2 Amendment of section 3 Cap. 123
Part
PART VIII
- 61
AI-assisted research summary: This Part must be read together with the Tanzania Shipping Agencies Act.
61. This Part shall be read as one with the Tanzania Shipping Agencies Act hereinafter referred to as the “principal Act.” - 62
AI-assisted research summary: Section 2 of the principal Act is amended by deleting the words “at sea ports and inland waterways ports”.
62. The principal Act is amended in section 2, by deleting the words “at sea ports and inland waterways ports”. - 63
AI-assisted research summary: This section amends section 3 of the principal Act by updating and adding several definitions.
63. The principal Act is amended in section 3, by- (a) inserting in its alphabetical order the following new definitions: intended ““airport” means a defined area on land or water including any building, installations and equipment to be used either wholly or in part for the arrival, departure and surface movement of aircraft with facilities for passengers and cargo; “airway bill” means a document that accompanies goods shipped by an international air courier providing detailed information about the shipment; “ammunition” shall have the meaning ascribed to it under the Firearms and Ammunition Control Act; “consignment note” means a document prepared by a consignor and countersigned by the carrier as a proof of receipt of consignment for delivery at the destination; 35 No.3 Written Laws (Miscellaneous Amendments) Act, 2019 “dry port” means an inland common user facility which is directly linked to a maritime port by road or railway, having appropriate storage infrastructure, equipment and facilities operating as a centre for transhipment of sea bound cargo and containers to and from inland destinations and includes Inland Clearance Depot and Empty Container Depot; “export” means to take or cause goods to be taken out of Mainland Tanzania; “ferry” includes a boat or ship, whether owned by the government or private person, for in a conveying passengers or goods passage over any river, arm of the sea, lake or part of a lake from any place to which the public have access to any other place but does not include a boat or a ship owned or operated by security forces; “firearm” shall have meaning ascribed to it under Firearms and Ammunition Control Act; “gas” shall have the meaning ascribed to it under the Petroleum Act; Cap. 223 Cap. 392 36 No.3 Written Laws (Miscellaneous Amendments) Act, 2019 “Government trophy” means the Government trophy as referred to under the Wildlife Conservation Act; “import” means to bring or to cause goods to be brought into Mainland Tanzania from a foreign country; “live animal” means any kind of live vertebrate and invertebrate animal and the young and egg thereof; “mineral” shall have the meaning ascribed to it under the Mining Act; “oil” shall have the meaning ascribed to it under the Petroleum Act; “petroleum” shall have the meaning ascribed to it under the Petroleum Act; Cap. 383 Cap. 123 Cap. 392 Cap. 392 “port services” means any service rendered by a port terminal operator within a port in any manner including loading and unloading of goods on board vessels, shore handling of goods, storage of goods, handling of passengers carried on vessels and handling of refined petroleum products, edible oils and natural or liquidified gases on vessels; “ship” means a floating vessel which is self- carrying capable of propelled passengers or cargo; and “vessel” includes any ship, boat, sailing vessel, ferry or other vessel of any description used in navigation;” (b) inserting the words “ports, pipelines, airports border-post” between the words “through,” and “customs” appearing in the definition of the words “clearing and forwarding”; 37 No.3 Written Laws (Miscellaneous Amendments) Act, 2019 (c) deleting the definition of “consignee” and substituting for following- the word the it ““consignee” means the party to whom goods accepted for carriage on board are addressed and that party is named as such in the bill of lading, airway bill or consignment note;” (d) deleting the definition of the word “port” and substituting for it the following- “port” means a sea port or inland waterways port of Mainland Tanzania, whether on the coast or elsewhere and in relation to execution of exclusive mandate and shipping agency under this Act, a port shall include airport; (e) adding the words “airway bill or consignment note” between the words “lading” and “as party” appearing in the definition of the word “shipper”. - 64
AI-assisted research summary: Section 64 amends section 5 of the principal Act by replacing paragraphs (g) and (h) with new wording about competition, contractual obligations, and delegation of shipping and maritime safety functions.
64. The principal Act is amended in section 5, by deleting paragraph (g) and (h) and substituting for them the following- “(g) promoting competition in the maritime transport services; and entering into contractual obligations with other persons (h) or body of persons in order to secure the provision of quality and efficient shipping services and maritime environment, safety and security, whether by means of concession, joint venture, public private partnership or other means and to delegate its own functions of providing shipping services and maritime environment, safety and security to one or more parties.” Amendment of section 5 Amendment of section 7 - 65
AI-assisted research summary: This section amends section 7 of the principal Act, expanding and revising the listed goods and shipping agency functions, and defining “tanker ship” for that subsection.
65. The principal Act is amended in section 7, by- (a) in subsection (1), by- 38 No.3 Written Laws (Miscellaneous Amendments) Act, 2019 (i) deleting the word “arms” appearing in paragraph (a) and substituting for it the word “firearms;” (ii) adding between the words “trophies” and “or” appearing in paragraph (a) the following words “fertilizers, industrial sugar, domestic sugar, edible cooking oil, wheat, oil products, gas, liquidified gas and chemicals or any other liquid related products ”; the immediately after paragraph (iii) adding (c) following new paragraph- “(d) shipping agency functions in relation to- (i) tanker ships, pure car carriers vessel, cruise caller, exhibition vessel, vessel, chartered vessel and military ship; casual and (ii) minerals, mineral concentrates, machineries, equipment, products or extracts related to minerals and petroleum, firearms animals, Government ammunition, trophies, fertilizers, industrial and domestic sugar, edible or cooking oil, wheat oil products, gas, liquidified gas and chemicals or any other liquid related products"; or live (iii) any other goods as the Minister may by order published in the Gazette prescribe.”; and (b) by inserting immediately after sub section (1), the following- “(1A) For the purpose of subsection (1)(d), the term “tanker ship” means a ship designed to transport liquids or gases in bulk including oil products, gas, liquidified gas and chemicals or any other liquid related products. ” Amendment of section 10 - 66
AI-assisted research summary: The Corporation must regulate maritime transport, safety, security, and pollution prevention for ships and maritime activities under the Act.
66. The principal Act is amended in section 10, by deleting subsection (1) and substituting for it the following- “(1) The Corporation shall regulate maritime transport services, maritime safety, maritime security and prevention of pollution 39 No.3 Written Laws (Miscellaneous Amendments) Act, 2019 from ships and maritime activities in accordance with the provisions of this Act.” - 67
AI-assisted research summary: This section amends section 11 so the Corporation’s functions include regulating maritime administration, safety, security, pollution prevention, and exercising flag state control on Tanzanian ships and port state control on foreign ships.
67. The principal Act is amended in section 11, by- (a) deleting the opening phrase to subsection (1) and Amendment of section 11 substituting for it the following- “(1) The functions of the Corporation in relation to regulation of maritime administration, maritime safety, maritime security and prevention of pollution from ships and maritime activities shall be to:-” (b) deleting paragraph (b) and substituting for it the following- exercise flag state control on Tanzanian ships and port “(b) state control on foreign ships;”. Amendment of section 13 - 68
AI-assisted research summary: The Director General must not issue a shipping agency licence if the applicant or its shareholder is a ship owner, ship operator, ship charterer, dry port operator, or clearing and forwarding agent.
68. The principal Act is amended in section 13, by deleting subsection (3) and substituting for it the following- “(3) Notwithstanding the provisions of subsection (2), the Director General shall not issue a licence for shipping agency if the applicant or its shareholder is ship owner, ship operator, ship charterer, dry port operator or clearing and forwarding agent.” Amendment of section 22 - 69
AI-assisted research summary: This provision amends the principal Act by changing wording in section 22(2) and notes an amendment of section 30.
69. The principal Act is amended in section 22(2), by- (a) deleting the word “senior” appearing in paragraph (g); (b) inserting the word “management” between the words “of” and “staff” appearing in paragraph (h); and (c) deleting the word “senior” appearing in paragraph (i); Amendment of section 30 - 70
AI-assisted research summary: Section 70 amends section 30 so that the Director General serves a five-year term, renewable once, under terms set out in the scheme of service and appointment letter.
70. The principal Act is amended in section 30, by deleting subsection (5) and substituting for it the following- “(5) The Director General shall serve for a term of five years renewable once on such terms and conditions as shall be set out in the scheme of service and letter of his appointment.” 40 No.3 Written Laws (Miscellaneous Amendments) Act, 2019 Amendment of section 31 - 71
AI-assisted research summary: This section amends the principal Act by changing section 31(3) and section 46.
71. The principal Act is amended in section 31(3), by- (a) adding the word “or” at the end of paragraph (a); Amendment of section 46 and (b) deleting paragraph (b) and substituting for it the following- “(b) is a holder of a first degree from a recognized university and a Master Mariner or Chief Engineer Officer in accordance with the International Convention on Standard of Training, Certification and Watch keeping for Seafarers (STCW Reg. II/2 or III/2) with seagoing service; and” - 72
AI-assisted research summary: This provision amends section 46 of the principal Act, replacing one term and updating a paragraph about inspecting and copying records.
72. The principal Act is amended in section 46, by- (a) deleting the words “business of shipping agency” appearing in paragraph (a) and substituting for them the words “regulated service”; and (b) deleting paragraph (b) and substituting for it the following: inspect and take copies of any record required under this “(b) Act to be kept in respect of regulated service or any other records relating to such service,” Amendment of the Schedule
Part
Schedule
- 73 Verify source ↗
Construction
AI-assisted research summary: This section amends the Schedule by replacing the words “shipping agency” with “maritime transport” in the specified item.
73. The principal Act is amended in the Schedule by deleting the words “shipping agency” appearing after the word “for” appearing in paragraph 1(1) in item (e) and substituting for it the word “maritime transport.” PART IX AMENDMENT OF THE TRUSTEES’ INCORPORATION ACT, (CAP.318) Construction Cap.318
Part
PART IX
- 74
AI-assisted research summary: This provision says Part 74 must be read together with the Trustees’ Incorporation Act, which it calls the principal Act.
74. This Part shall be read as one with the Trustees’ Incorporation Act, hereinafter referred to as the “principal Act”. 41 No.3 Written Laws (Miscellaneous Amendments) Act, 2019 General amendment Addition of section 1A - 75
AI-assisted research summary: This provision amends the principal Act by replacing every reference to “Registrar-General” with “Administrator-General”.
75. The principal Act is amended generally by deleting the designation “Registrar-General” wherever it appears in the Act and replacing it with the designation “Administrator- General”. - 76
AI-assisted research summary: This section adds definitions for “trust” and “trustee” and lists entities that are excluded from the definition of trust.
76. The principal Act is amended by adding immediately after section 1 the following: “Interpretation 1A. In this Act, unless the context requires otherwise- “trust” means a legal relationship created by personal acts, by an order of the court or operation of the law, when specified property or interests are placed under the control and management of a trustee or trustees for the benefit of another party or parties, called a beneficiary or beneficiaries, or for purposes specified under section 2(1), and excludes: (a) a non-governmental organization registered Non- under Governmental Organizations Act; the (b) a company registered under the (c) a Companies Act; society Societies Act; registered under the (d) a trade union formed and registered under the Employment and Labour Relation Act; (e) an agricultural association formed and registered under any written law other than this Act; (f) political party registered under the Cap. 56 Cap. 212 Cap. 337 Cap. 366 Cap. 258 Political Parties Act; 42 No.3 Written Laws (Miscellaneous Amendments) Act, 2019 Cap. 49 Cap. 407 Cap. 337 (g) a sports club association registered under the National Sports Council of Tanzania Act; or (h) a community microfinance group the registered under (VICOBA) Microfinance Act; (i) a cooperative society formed and the Cooperative registered under Societies Act; and in (j) any trust which the Minister may, by order published the Gazette, declare not to be a trust for the purpose of this Act; “trustee” means a person who holds, controls and manages property or any other interests for the benefit of a beneficiary or beneficiaries, or in for purposes specified section 2(1).”. Amendment of section 14 - 77 Verify source ↗
Construction
AI-assisted research summary: This provision amends section 14(2)(e) by replacing specified words with “other relevant investigation authorities.”
77. The principal Act is amended in section 14(2) by deleting the words “a police officer of the rank of Inspector or above” appearing in paragraph (e) and substituting for them the words “other relevant investigation authorities”. Passed by the National Assembly on the 27th June, 2019. STEPHEN KAGAIGAI Clerk of the National Assembly 43
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The Written Laws (Miscellaneous Amendments) (No. 3) Act, 2019
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