The Written Laws (Miscellaneous Amendments) (No. 5) Act, 2019
This section gives the Act its short citation name and says it concerns amendments to written laws.
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Statute overview
About this statute
This section gives the Act its short citation name and says it concerns amendments to written laws. This section says the laws listed in the Act’s Parts are amended as those Parts specify. This Part must be read together with the Electronic and Postal Communications Act, and the source notes an amendment of section 13. Content Service Licensees must sign a service level agreement with a multiplex operator that holds a Network Facilities Licence. This provision amends section 78(5) of the principal Act by deleting paragraph (c).
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Provisions of The Written Laws (Miscellaneous Amendments) (No. 5) Act, 2019
Showing 76 of 76
Part
PART I
- 1
AI-assisted research summary: This section gives the Act its short citation name and says it concerns amendments to written laws.
1. This Act may be cited as the Written Laws (Miscellaneous Amendments) (No. 5) Act, 2019. Amendment of certain written laws - 2 Verify source ↗
Short title
AI-assisted research summary: This section says the laws listed in the Act’s Parts are amended as those Parts specify.
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 ELECTRONIC AND POSTAL COMMUNICATIONS ACT, (CAP. 306) Construction Cap.306
Part
PART II
- 3
AI-assisted research summary: This Part must be read together with the Electronic and Postal Communications Act, and the source notes an amendment of section 13.
3. This Part shall be read as one with the Electronic and Postal Communications Act, herein after referred to as the “principal Act”. 4 No. 12 The Written Laws (Miscellaneous Amendments) (No. 5) Act 2019 Amendment of section 13 - 4
AI-assisted research summary: Content Service Licensees must sign a service level agreement with a multiplex operator that holds a Network Facilities Licence.
4.The principal Act is amended in section 13, by- (a) deleting paragraphs (d), (e) and (f) appearing in subsection (3); and (b) deleting subsection (4) and substituting for it the following: “(4) Every Content Service Licensee shall be required to enter into a service level agreement with a multiplex operator who is a holder of Network Facilities Licence for purposes of transmission and distribution of broadcasting signals.”. and (c) renaming paragraph “(g)” as paragraph “(d)”. Amendment of section 78 Amendment of section 83 - 5
AI-assisted research summary: This provision amends section 78(5) of the principal Act by deleting paragraph (c).
5. The principal Act is amended in section 78(5), by in the words “frequency band” appearing deleting paragraph (c). - 6
AI-assisted research summary: This section amends section 83 and adds a rule that the Authority shall manage electronic communications equipment end-of-life processes.
6. The principal Act is amended in section 83- (a) in the marginal note, by adding the words “and management” immediately after the word “approval” (b) by adding immediately after subsection (3) the following: “(4) The Authority the electronic communications equipment end-of- life processes.” shall manage Repeal and replacement of section 93 - 7
AI-assisted research summary: This section amends the principal Act by repealing section 93 and replacing it with new text beginning “SIM card Registration”.
7. The principal Act is amended by repealing section 93 and replacing for it the following: “SIM card Registration - 93 Verify source ↗
(1) Any person who
AI-assisted research summary: People who own or intend to use a detachable or built-in SIM card mobile telephone must register it.
93.-(1) Any person who owns or intends to use detachable SIM card or built-in SIM card mobile telephone shall be obliged to register SIM card or built in SIM card mobile telephone. (2) A person who sells or, in provide other manner, any 5 No. 12 The Written Laws (Miscellaneous Amendments) (No. 5) Act 2019 telephone detachable SIM card or built-in SIM card mobile to any potential subscriber shall, on selling or providing such SIM card, or built telephone, in SIM card mobile register the same. obtained application telephone by (3) The application service licensee, distributor, agent or dealer authorized to sell or provide the detachable SIM card or built-in SIM card mobile the respective service licensee or operator shall verify the information from subscriber and retain in hard copy or electronically information all obtained during registration. Registration and verification of SIM card or built-in SIM card mobile telephone shall be conducted in the manner provided in Postal and the Electronic Communications Card (SIM Registration) Regulations.” (4) - 8
AI-assisted research summary: This provision amends the principal Act by repealing section 95 and replacing it with new text.
8. The principal Act is amended by repealing section 95 and replacing for it the following: “Submission of information - 95 Verify source ↗
An authorised distributor,
AI-assisted research summary: An authorised distributor, agent, or dealer dealing in detachable SIM cards or built-in SIM card mobile phones must submit all documents during distribution or registration.
95. An authorised distributor, agent or dealer dealing with selling or distributing the detachable SIM card or built in SIM card mobile the telephone to respective services information and licensee all documents during distribution or registration.”. application the obtained submit shall Repeal and replacement of section 95 Amendment of section 117 - 9
AI-assisted research summary: This section amends section 117 and replaces subsection (3) so that using numbers or electronic addresses without the required assignment is an offence with fines or imprisonment.
9. The principal Act is amended in section 117, by- (a) deleting the words “after conviction” appearing at the end of subsection (1); and 6 No. 12 The Written Laws (Miscellaneous Amendments) (No. 5) Act 2019 (b) deleting subsection (3) and substituting for it the following: “(3) Any person who uses one or more numbers or electronic addresses without obtaining any relevant individual assignment or class assignment, commits an offence and shall upon conviction be liable to a fine of not less than five million Tanzanian shillings or imprisonment for a term not less than twelve months or to both, and shall be liable to a fine of seven hundred and fifty thousand Tanzanian shillings for offence everyday continued.”. during which the Amendment of section 118 - 10
AI-assisted research summary: This amendment replaces section 118(d) with an offence for allowing network or application services under a person's control to be used for an activity described in section 117(3).
10. The principal Act is amended in section 118 by the closing phrase and deleting paragraph (d) and substituting for them the following: and an offence “(d) permits any network services or application services, under the person’s control to be used for an activity described in section 117(3), commits shall, upon conviction, be liable to a fine of not less than five million or Tanzanian imprisonment for a term not less than twelve months, or to both and shall also be liable to a fine of seven hundred and fifty thousand Tanzanian shillings for everyday during which the offence continued”. shillings Repeal and replacement of section 131 - 11
AI-assisted research summary: This provision amends the principal Act by repealing section 131 and substituting new text beginning with “Use of unregistered SIM card…”.
11. The principal Act is amended by repealing section 131 and replacing for it the following: “Use of unregistered SIM card intent - 131 Verify source ↗
(1) Any person who
AI-assisted research summary: Using an unregistered SIM card, misusing a SIM card, or causing an unregistered SIM card to be used is an offence, with fines or imprisonment on conviction.
131.-(1) Any person who knowingly and with to defraud uses an unregistered SIM card or built in SIM card mobile telephone or in any manner, misuses SIM card, commits an offence and shall upon conviction be liable to a fine of not less than 7 No. 12 The Written Laws (Miscellaneous Amendments) (No. 5) Act 2019 three million Tanzanian shillings or imprisonment for a term of not less than six months or to both. or (2) A service provider, distributor, dealer agent authorised to sell or distribute the detachable SIM card, or built in SIM card mobile telephone, who in any manner causes to be used unregistered SIM card, commits an offence and shall upon conviction be liable to a fine of not less than ten million Tanzanian shillings or imprisonment for a term of twenty four months or to both and where offence the continues, the offender shall be liable to a fine of seven hundred and thousand Tanzanian shillings for each day during which the commission of offence continued.”. commission fifty of Repeal and replacement of section 165 - 12 Verify source ↗
Construction
AI-assisted research summary: This section amends the principal Act by repealing section 165 and replacing it with new regulations text.
12. The principal Act is amended by repealing section 165 and replacing it with the following: “Regulations - 165 Verify source ↗
The Minister may
AI-assisted research summary: The Minister may make regulations to better carry out or give effect to this Act.
165. The Minister may make better carrying out or giving effect to the provisions of this Act.”. regulations for PART III AMENDMENT OF THE FIREARMS AND AMMUNITION CONTROL ACT, (CAP. 223) Construction Cap.223
Part
PART III
- 13
AI-assisted research summary: This section says this Part must be read together with the Firearms and Ammunition Control Act.
13. This Part shall be read as one with the Firearms and Ammunition Control Act, hereinafter referred to as the “principal Act”. 8 No. 12 The Written Laws (Miscellaneous Amendments) (No. 5) Act 2019 Amendment of section 3 - 14
AI-assisted research summary: This amendment adds a new definition of “fireworks” to the principal Act.
14. The principal Act is amended by inserting in it's appropriate alphabetical order the following new definition: “fireworks” means a device containing gunpowder or any causes other spectacular effects and explosions when ignited;" substance which combustible Addition of section 21A - 15 Verify source ↗
Construction
AI-assisted research summary: This section amends the principal Act by inserting a new section titled “Control of possession of fireworks” after section 21.
15. The principal Act is amended by adding immediately after section 21, the following: "Control of possession of fireworks - 21A Verify source ↗
(1) Notwithstanding the
AI-assisted research summary: Fireworks may not be imported, manufactured, supplied, or handled without the required approval or written permit, and breaches can lead to a fine or jail term.
21A.-(1) Notwithstanding the provisions of this Act and any other law, a person shall not written import, manufacture, or otherwise supply fireworks unless he has obtained approval from Inspector General of Police. sell (2) A person shall not carry out activities involving fireworks unless he has obtained written permit from the person authorized to deal with fireworks in accordance with subsection (1). (3) Any the person who contravenes of provisions subsections (1) or (2) commits an offence and shall be liable upon summary conviction to a fine of five hundred thousand shillings or to imprisonment for a term of not less than six months but not exceeding one year or to both such fine and imprisonment. (4) The Minister may, by regulations, prescribe the procedures for better carrying into effect of the provisions of this section." 9 No. 12 The Written Laws (Miscellaneous Amendments) (No. 5) Act 2019 PART IV AMENDMENT OF THE NATIONAL ARTS COUNCIL ACT, (CAP. 204) Construction
Part
PART IV
- 16
AI-assisted research summary: This Part must be read together with the National Arts Council Act.
16. This Part shall be read as one with the National Arts Council Act, hereinafter referred to as the “principal Act”. Amendment of section 2 - 17
AI-assisted research summary: This section amends section 2 of the principal Act by adding and revising definitions for “art,” “artist,” “infrastructure,” and parts of the “artistic work” definition.
17. The principal Act is amended in section 2, by- (a) adding in their appropriate alphabetical order the following new definitions: ““art” means any work through which a person uses skills to express ideas in making, showing or performing artistic works; “artist” means a person engaged in or undertaking artistic works; “infrastructure” includes theatre halls, open or for premises demonstration of artistic works save for cinematograph; (b) in the definition of the term “artistic work”- closed used (i) in paragraph (a) by- (aa) (i) deleting substituting for it the following: “(i) subparagraph and paintings, drawings, graphic designs, etchings, lithographs, engravings, woodcuts, computer aided animations and prints;” (bb) (cc) (ii) and sub paragraph deleting substituting for it the following: “(ii) maps, plans, illustration and diagrams”; adding subparagraph (vi) the following: “(vii) modeling, and pageantries, fashion designs and such related works;”; and immediately after 10 No. 12 The Written Laws (Miscellaneous Amendments) (No. 5) Act 2019 (ii) in paragraph (c) by inserting the words “playwriting, composition” music between the words “costume design” and “make up.”” Amendment of section 3 - 18
AI-assisted research summary: The Council may appoint regional and district committees and may make rules for how those committees operate and are governed.
18. The principal Act is amended in section 3, by adding immediately after subsection (3) the following- “(4) The Council may, in consultation with other relevant authorities, appoint committees at regional and district levels. (5) The Council may make rules for the operations and governance of such Committees as it deems fit.” Amendment of section 4 - 19
AI-assisted research summary: This amendment expands the Council’s functions and gives it power to act against works of art that are produced, displayed, or kept in violation of the Act or other relevant laws.
19. The principal Act is amended in section 4- (a) in subsection (1)- (i) in subparagraph (d), by inserting the words “monitor, regulate, assess” between the words “to plan” and “and coordinate”; (ii) in subparagraph (e), by inserting the words and” “policies, between the words “relating to” and “the development”; legislation, marketing (iii) deleting subparagraph (i) and substituting for it the following: "(i) to provide bylaws published in the Gazette and in such manner as the Council may approve, a system of registration of artists, artistic ensembles, associations or organizations, infrastructure used for artistic entertainment and performance, vendors and engaged or all persons otherwise uses for gain the works of art;” (b) by adding immediately after paragraph (i) the following: “(j) to make, 11 publish and disseminate No. 12 The Written Laws (Miscellaneous Amendments) (No. 5) Act 2019 (k) to (l) establish, promotion, information and guidelines relating to the revival, development, production and marketing of artistic works; and maintain compile databases, including database of persons, organizations, institutions, equipment and facilities connected with the works of arts; to promote adherence with Tanzania’s cultural, moral and ethical values among artists and other persons in production, performance, distribution or exhibition of artistic works within the purpose of this Act; involved (m) to promote formation of associations or organizations with a view to encourage growth of smaller groups of persons engaging in artistic works in Tanzania; (n) to assist any artist or group of persons who are citizens of Tanzania in obtaining relevant training or study tour on arts or artistic skills within or outside Tanzania; (o) to or raise, maintain otherwise administer funds from such sources and by such means as the Minister may approve to enable the Council to carry out its functions and empowering the artists their artistic activities; in carrying out or (p) to exercise disciplinary powers over persons persons, group organizations, associations, or owners of infrastructures engaged in artistic works who contravene provisions of this Act; and of (q) to perform such other functions as may be assigned by the Minister or prescribed to it under the provisions of this Act and other written laws.” (c) by deleting subsection (2) and substituting for it the following: 12 No. 12 The Written Laws (Miscellaneous Amendments) (No. 5) Act 2019 “(2) The Council shall have the power, in its capacity as a body corporate, for the purpose of carrying out its functions to rate, inspect, seize, suspend or destroy any work of art being produced, displayed or kept in contravention of the Act and other relevant laws or do all such acts as appear to it to be requisite, advantageous or convenient for or in connection with the carrying out of its functions or incidental or conducive to their proper discharge and may carry on any activity in that behalf either alone or in association with any other person or body whether within or outside the United Republic." Addition of section 4A - 20
AI-assisted research summary: The principal Act is amended by inserting a new section after section 4 about registration of artistic works.
20. The principal Act is amended by adding immediately after section 4 the following new section: “Registration of artistic works specific the manner - 4A Verify source ↗
(1) The Minister may
AI-assisted research summary: The Minister may make regulations about registration of artistic works and related groups, and unregistered artistic activity can lead to disciplinary penalties.
4A.-(1) The Minister may regulations make prescribing of registration of artistic works, artists, artistic associations, organizations, infrastructures as well refusal of as grounds registration, from registration and cancellation of registration. the exemption ensembles, for artist, (2) Any artistic associations, ensembles, of owners or organizations infrastructures who engages in any artistic being activity without registered by the Council commits a and upon disciplinary offence determination by competent a disciplinary organ formed under this Act shall be liable to a fine not exceeding one million shillings or 13 No. 12 The Written Laws (Miscellaneous Amendments) (No. 5) Act 2019 any other penalty as prescribed in the respective rules made under this Act." Amendment of section 15 by- - 21
AI-assisted research summary: This section amends section 15(1) of the principal Act.
21. The principal Act is amended in section 15(1), (a) deleting the words “With the consent of the Minister, the Council” and substituting for them the words "The Minister ". (b) deleting paragraph (e) and substituting for it the following: "(e) providing for a system of registration and issuance of permits to persons, organizations, associations or owners of infrustructure used for artistic activities engaged in or using works of art and infrustructures for exhibition and, or performance of artistic works;" (c) adding immediately after paragraph (h) the following- "(i) providing for proper monitoring, control codes of conduct and disciplinary systems for artists, composer of artistic works, group of persons, associations, of and organizations infrastructures." owners Addition of section 15A - 22
AI-assisted research summary: This provision amends the principal Act by inserting a new section after section 15 titled “Appeals to Minister.”
22. The principal Act is amended by adding immediately after section 15 the following new section: “Appeals to Minister - 15A Verify source ↗
(1) A person who is
AI-assisted research summary: A person aggrieved by a Council decision may appeal to the Minister within 30 days, and the Minister must decide the appeal within 30 days of receiving it.
15A.-(1) A person who is aggrieved by the decision of the Council under this Act may within thirty days of such decision, appeal to the Minister. (2) On receipt of the appeal, the Minister shall, within thirty days, consider and determine the appeal. (3) In determining the appeal, the Minister may- (a) uphold, quash or vary the 14 No. 12 The Written Laws (Miscellaneous Amendments) (No. 5) Act 2019 decision of the Council and decision give accordingly; (b) require the Council to inquire into any specific information the appeallant and make further consideration of the application.” from PART V AMENDMENT OF THE NATIONAL EXAMINATION COUNCIL OF TANZANIA ACT, (CAP. 107) Construction Cap.107 Amendment of section 2
Part
PART V
- 23
AI-assisted research summary: This Part must be read together with the National Examination Council of Tanzania Act.
23. This Part shall be read as one with the National Examination Council of Tanzania Act, hereinafter referred to as the “principal Act”. - 24
AI-assisted research summary: This provision amends section 2 of the principal Act by inserting several new definitions.
24. The principal Act is amended in section 2, by the their appropriate alphabetical order inserting in following new definitions: ““Authorized officer” includes an examination supervisor, invigilator, and any other person entrusted with the duty to handle examination material; “candidate” means a person registered to sit for an examination conducted by or on behalf of the Council; “certificate” means a document issued by the Council and designated as such showing results obtained by a particular candidate in an examination; “examination” means a formal test of a person’s knowledge or proficiency in a particular subject matter or skill conducted under this Act by or on behalf of the Council; “examinations material” whether in print or electronic form, means- (a) an examination paper, booklets, recorded tapes, chemicals, electronic devices; (b) notes for the preparation of an examination stencils, paper; 15 No. 12 The Written Laws (Miscellaneous Amendments) (No. 5) Act 2019 (c) instructions for the setting up of equipment and an of instruments preparation for the examination; (d) any other document or material which is intended to form part of an examination paper or to enable an examination paper to be prepared and conducted; or (e) security envelopes and storage bags used for safe custody of the examination papers; “examination paper” includes a question paper, examination instructions or the draft or copy of an examination paper or instructions in respect of an examination which has not been taken, and includes an electronic form thereof;” Amendment of heading to Part II
Part
Part II
- 25
AI-assisted research summary: The principal Act changes Part II’s heading to “ESTABLISHMENT, OBJECTIVES AND FUNCTIONS OF THE COUNCIL.”
25. The principal Act is amended by deleting the heading to Part II and substituting for it the following: “PART II ESTABLISHMENT, OBJECTIVES AND FUNCTIONS OF THE COUNCIL” Amendment of section 4 - 26
AI-assisted research summary: This provision amends section 4 of the principal Act by changing punctuation after paragraph (f) and adding new text after that paragraph.
26. The principal Act is amended in section 4, by- (a) deleting a full-stop appearing at the end of paragraph (f) and substituting for it a semi colon ; and (b) adding immediately after paragraph (f) the following: (h) “(g) to conduct research on issues related to examinations or assessment; and to organize training courses for or arrange for the training of setters, moderators, examiners, supervisors, invigilators persons connected with examinations.” other and Amendment of section 5 by- - 27
AI-assisted research summary: This provision amends section 5(2) to give the Council power to suspend or nullify examinations or courses, and to withhold or cancel a candidate’s results or certificate when examination irregularities are found.
27. The principal Act is amended in section 5(2), 16 No. 12 The Written Laws (Miscellaneous Amendments) (No. 5) Act 2019 (a) inserting immediately after paragraph (h) the following: thereof, where that in “(i) to suspend or nullify examination or any is the Council been have there the course of such part satisfied irregularities examination; to withhold or cancel the results or certificate of a candidate where the Council is satisfied that he has been involved in examination irregularities; and”; and (j) (b) renaming paragraph (i) as paragraph (k). Amendment of section 9 - 28
AI-assisted research summary: Section 9(1)(b) is amended to provide for not more than four other members of the Council.
28. The principal Act is amended in section 9(1), by deleting paragraph (b) and substituting for it the following: “(b) not more than four other members of the Council.” Amendment of section 11 by- - 29
AI-assisted research summary: This section amends section 11(2) by adding a new paragraph allowing investigation of examination irregularities and malpractices and recommendations to the Council.
29. The principal Act is amended in section 11(2), (a) deleting a full-stop appearing at the end of paragraph (d) and substituting for it a semi colon and the word “and”; and (b) adding immediately after paragraph (d) the following: “(e) to investigate examination irregularities and malpractices and make recommendations to the Council.” all Amendment of section 13 Amendment of section 16 - 30
AI-assisted research summary: This provision amends section 13(1) of the principal Act by adding specified words.
30. The principal Act is amended in section 13(1) by the words “or the end of paragraph (c) adding at assessment”. - 31
AI-assisted research summary: This provision amends section 16 of the principal Act by changing the wording of one paragraph and replacing a named institution with the Controller and Auditor General.
31. The principal Act is amended in section 16 - (a) in subsection (1), by deleting paragraph (a) and substituting for it the following: “(a) a statement of financial performance 17 No. 12 The Written Laws (Miscellaneous Amendments) (No. 5) Act 2019 during the financial year;” (b) in subsection (2), by deleting the words “Tanzania Audit Corporation” and substituting for them the words “Controller and Auditor General”. Addition of new Part IIIA - 32
AI-assisted research summary: This section amends the principal Act by inserting a new Part IIIA after Part III.
32. The principal Act is amended by adding immediately after Part III a new Part IIIA as follows: “PART IIIA OFFENCES AND PENALTIES Leaking and malicious destruction of examination paper access - 17A Verify source ↗
(1) A person who,
AI-assisted research summary: A person must not reveal examination contents, disclose information about examination papers, or damage or destroy examination material.
17A.-(1) A person who, examination having to materials, shall not intentionally reveal the contents thereof, whether orally, in writing or electronically to any unauthorized person. (2) A person shall not any to disclose examination any information relating to the contents of any examination paper. any question person or (3) A person shall not damage or destroy examination material. shall (4) A person who, being an not officer, authorized negligently or carelessly discharge the functions set out under this Act so as leakage or malicious destruction of examination paper. to occassion Impersonation 18 - 17B Verify source ↗
A person shall not
AI-assisted research summary: A person must not commit the listed examination-related impersonation or document misuse acts.
17B. A person shall not- (a) whether as a registered candidate or otherwise, particular sit a for the of examination No. 12 The Written Laws (Miscellaneous Amendments) (No. 5) Act 2019 (b) being intent to Council with impersonate, offers or attempts present to himself to take the part of registered another candidate; a registered candidate for a particular examination, Councils’ knowingly allows another person that examination on his or her behalf; or to sit for Unlawful handling of booklets and possession of unauthorized materials or content (c) falsely use a certificate, testimonial, signature, photograph or document of another person with intent to impersonate that other person. - 17C Verify source ↗
(1) A person shall not
AI-assisted research summary: A person must not remove exam papers or unauthorized exam material from specified exam-related places, and must not possess condensed or recorded exam information on a communication device.
17C.-(1) A person shall not take out from an examination room, strong room, hall, office or any other identified place, examination question paper, answer booklet or unauthorized examination material used or unused, in person or by the use of an agent. selected or (2) A person shall not possess a written, recording or any other form of Communication condensed or summarised on any medium of communication device, including electronic communication device onto which information in regard to examinations in progress or to be conducted is written, recorded or communicated. 19 No. 12 The Written Laws (Miscellaneous Amendments) (No. 5) Act 2019 Prohibition of publication or disclosure of information to unauthorized person - 17D Verify source ↗
(1) A person shall not,
AI-assisted research summary: A person must not publish or disclose protected document contents or information under the Act without written consent from the Council, except in the course of duties. A person also must not pass on information known to have been disclosed in breach of that rule.
17D.-(1) A person shall not, without the consent in writing given by or on behalf of the Council, publish or disclose to any person, otherwise than in the course of his duties, the contents of any document, or information under this Act. Presentation of forged certificate or diploma Aiding or abetting General penalty (2) A person shall not publish or communicate to any person information which to his knowledge has been published or disclosed in contravention of subsection (1). - 17E Verify source ↗
A person shall not
AI-assisted research summary: A person must not present a forged certificate or diploma to a prospective employer or learning institution.
17E. A person shall not present a forged certificate or diploma to a prospective employer or to any learning institution with to gain employment or intent admission. - 17F Verify source ↗
A person who aids or
AI-assisted research summary: A person who aids or abets an offence under this Act commits an offence.
17F. A person who aids or abets commission of any offence under this Act commits an offence. - 17G Verify source ↗
(1) A person who
AI-assisted research summary: A person who breaches any provision in this Part commits an offence and, if convicted, may be fined, imprisoned, or both; the Council may also cancel the person’s registration as a candidate.
17G.-(1) A person who contravenes or fails to comply with any provisions under this Part, Commits an offence and is liable, upon conviction, to a fine of not less than to ten million shillings or imprisonment for a term of not less than three years but not exceeding five years or to both. (2) Where a person is a who commits an offence candidate, in the penalty under addition the Council may, to 20 No. 12 The Written Laws (Miscellaneous Amendments) (No. 5) Act 2019 subsection (1), cancel the registration of such person as a candidate.”. Amendment of section 20 - 33
AI-assisted research summary: This provision amends section 20 of the principal Act and says section 25 is repealed and replaced.
33. The principal Act is amended in section 20 by deleting the word “shall” and substituting for it the phrase “shall, subject to the provisions of this Act,”. Repeal and replacement of section 25 - 34 Verify source ↗
Construction
AI-assisted research summary: This provision amends the principal Act by repealing section 25 and replacing it with a new section, but the replacement text is cut off in the source provided.
34. The principal Act is amended by repealing section 25 and replacing for it the following new section: “Regional and Local Government Examinations Committee shall - 25
AI-assisted research summary: Each local government authority has examination committees, and the committee under subsection (1) must oversee examinations in its area.
25.-(1) There in and be respect of each local government Examinations the established regional authority, Committee. The established Examinations (2) under Committee subsection (1) shall oversee the conduct of examinations at their respective local Region government authority. The (3) or Regional shall Examinations Committee consist of: (a) Regional Administrative Secretary, who shall be the Chairman in each of respective area of his jurisdiction; (b) Regional Education Officer, who shall be the the Secretary examination committee in his respective area of jurisdiction; of (c) Regional State Attorney; (d) Regional Police Commander; (e) Regional Security Officer; and 21 No. 12 The Written Laws (Miscellaneous Amendments) (No. 5) Act 2019 (f) Regional Academic Officer. (4) The Local Government Examination Committee shall consist of- (a) the Executive Director of the local government authority, who shall be the Chairman; (b) Education Officer of the local government authority, who shall be the Secretary; (c) Officer Commanding District; (d) District Security Officer; (e) District Academic Officer; and (f) A State Attorney from the the District Office of Administrative Secretary.” Addition of section 26 - 35
AI-assisted research summary: This section amends the principal Act by adding a new section titled “Oath of secrecy” immediately after section 25.
35. The principal Act is amended by adding immediately after section 25 the following new section: “Oath of secrecy - 26
AI-assisted research summary: The Council may require certain exam-related people to take an oath of secrecy. A person who later reveals protected information commits an offence and faces at least 20 years’ imprisonment.
26.-(1) The Council may require any person- examination (a) dealing with moderation of examination items, printing of papers, supervision and invigilation of examinations, marking of candidate’s scripts; or (b) officially assigned to assist in marking exercise, to take and subscribe to an oath of secrecy. (2) Any person who, having the oath, publishes, to subscribed 22 No. 12 The Written Laws (Miscellaneous Amendments) (No. 5) Act 2019 to any discloses or communicates other person information that is privy of secrecy, commits an offence and is liable to imprisonment for a term of not less than twenty years.” conviction, upon Amendment of Schedule
Part
Schedule
- 36 Verify source ↗
Addition of section 26
AI-assisted research summary: This section amends the Schedule to the principal Act by deleting paragraphs 1, 2 and 3 and replacing them with new paragraphs.
36. The Schedule to the principal Act is amended- (a) by deleting paragraphs 1, 2 and 3 and following new them the for substituting paragraphs: “Composition of Council - 1
AI-assisted research summary: This provision sets out how the Council is to be made up and lets the Council co-opt up to four people to help with its work.
1.-(1) The Council shall consist of- by (a) a Chairman who shall be appointed the President from amongst the Vice Chancellors of accredited Public the Universities established in Tanzania; (b) one member appointed by the Minister responsible in for education consultation with the Minister responsible for local government from among head teachers of secondary schools; (c) one member appointed by the Minister responsible in for education the consultation with Minister responsible for local government from among head teachers of primary schools; 23 No. 12 The Written Laws (Miscellaneous Amendments) (No. 5) Act 2019 (d) one member appointed by the Minister responsible education for private representing has institutions, who and experience qualifications in education matters; (e) one member from the Ministry responsible for regional administration and local government who has experience and qualifications in education matters; (f) three members from Tanzania Mainland appointed by the Minister responsible for education amongst people from who have experience in assessment education finance, matters, community planning, gender, development, children social welfare; and (g) three members from Tanzania Zanzibar appointed by the Minister responsible for education in consultation with the Minister responsible for education the Revolutionary Government of Zanzibar, from people among vested with qualifications for education relevant in 24 No. 12 The Written Laws (Miscellaneous Amendments) (No. 5) Act 2019 Tenure of office Cessation of membership and assessment. (2) In appointing members of the Council under subparaghraph (1)(f) and (g), the Minister shall have representation of due regard special groups. to (3) The Council may co-opt not more than four persons to attend and provide expertise during the deliberation of the Council on such matters the Council may determine but such persons shall not have the right to participate in the decision making of the Council. as - 2 Verify source ↗
Short title
AI-assisted research summary: The Chairman and Council members serve for four years unless their appointment ends sooner, and they can be reappointed for one further term.
2. The Chairman and members of the Council shall, unless the appointment is terminated by the Minister, or ceases in any other way to be a member, hold office for a period of four years and shall be eligible for reappointment for one further term. - 3
AI-assisted research summary: A Council member may lose office if the listed disqualification grounds apply, and a member appointed by office ends membership when the office ends.
3.-(1) A member appointed by virtue of his office shall cease to be a member upon ceasing to hold the post that entitled his appointment to the Council. the fact, and (2) A member of the Council shall cease to be a member upon advice by the Council to the Minister the appointing of authority may the terminate appointment of the member and appoint another member in his place if: (a) he has been absent for consecutive three 25 No. 12 The Written Laws (Miscellaneous Amendments) (No. 5) Act 2019 (b) he meetings of the Council without reasonable cause; is convicted of a and offence criminal to sentenced imprisonment for a term exceeding six months or to a fine exceeding five thousand hundred Tanzanian shillings; (c) he is convicted of an involving offence dishonesty or fraud; (d) he is adjudged bankrupt or a composition scheme or arrangement with his or her creditors; enters into (e) he is incapacitated by physical or mental illness or is deemed otherwise unfit to discharge his duties as a member of the Council; or (f) he fails to comply with the provision of this Act relating to disclosure. (b) by renumbering paragraphs 6 to 12 as paragraphs 7 to 13 respectively. (c) in paragraph 8 as renumbered by deleting the twice during” less words “meet not appearing in subparagraph (1) and substituting for it the words “ordinarily meet at least once in every three months.” than 26 No. 12 The Written Laws (Miscellaneous Amendments) (No. 5) Act 2019 PART VI AMENDMENT OF THE NATIONAL SECURITY COUNCIL ACT, (CAP. 61) Construction Cap.61 Amendment of section 3
Part
PART VI
- 37
AI-assisted research summary: This Part is to be read together with the National the Security Council Act, called the principal Act.
37. This Part shall be read as one with the National the Security Council Act, hereinafter referred “principal Act”. to as - 38
AI-assisted research summary: This section amends the definition of “defence and security organs” in section 3 by adding three named bodies.
38. The principal Act is amended in section 3 in the definition of the term “defence and security organs” by inserting the words “Prevention and Combating of Corruption Bureau, Drugs Control and Enforcement Authority, Fire and Rescue Forces” between the words “Police Force” and “Tanzania Prisons”. Amendment of section 4 - 39
AI-assisted research summary: This section amends section 4(2) of the principal Act by replacing paragraphs (c) and (e) with new wording naming the President of Zanzibar and the Second Vice President of Zanzibar.
39. The principal Act is amended in section 4(2), by deleting paragraph (c) and (e) and sub stituting for them the following: “(c) (e) the President of Zanzibar; the Second Vice President of Zanzibar;”. Amendment of section 6 - 40
AI-assisted research summary: This section amends section 6 by replacing paragraph (g) with new wording about “one Assistant Co-ordinator from the Special of Departments Zanzibar.”
40. The principal Act is amended in section 6, by deleting paragraph (g) and substituting for it the following: “(g) one Assistant Co-ordinator from the Special of Departments Zanzibar.” the Government of Amendment of section 8 - 41
AI-assisted research summary: This provision amends section 8(2) of the principal Act by deleting one word and replacing paragraph (h) with a new list.
41. The principal Act is amended in section 8(2), by- (a) deleting the word "and" appearing in paragraph (g); and (b) deleting paragraph (h) and substituting for it the following: "(h) (i) (j) (k) the Regional Prisons Officer; the Regional Special Departments from the Government of Zanzibar; the Regional Bureau Chief; and the Regional Fire and Rescue Officer.”. Amendment - 42 Verify source ↗
Construction
AI-assisted research summary: This provision amends section 10(1) by deleting paragraph (h) and replacing it with a new list of district officers and departments.
42. The principal Act is amended in section 10(1), by 27 No. 12 The Written Laws (Miscellaneous Amendments) (No. 5) Act 2019 of section 10 deleting paragraph (h) and substituting for it the following: “(h) (i) (j) (k) the District Prisons Officer; the District Fire and Rescue Officer; the District Special Departments from the Government of Zanzibar; and the District Bureau Chief.”. PART VII AMENDMENT OF THE WEIGHTS AND MEASURES ACT, (CAP. 340) Construction Cap.340 Amend-ment of section 2
Part
PART VII
- 43
AI-assisted research summary: This section says this Part must be read together with the Weights and Measures Act (the principal Act).
43. This Part shall be read as one with the Weights and Measures Act, hereinafter referred to as the “principal Act”. - 44
AI-assisted research summary: This section amends section 2 of the principal Act by changing several definitions and adding new ones.
44. The principal Act is amended in section 2- (a) by deleting the terms the definition of “container” and “verification” and substituting for them the following- “container” means any form of packaging of goods for sale as a single item, whether by enclosing the goods wholly or partly; “verification” means examination, testing, rejecting or condemning or passing as fit for use for trade and stamping any measuring instrument or measuring system;” (b) in the definition of the term “error” by deleting the word “includes” and substituting for them the words “may include”; (c) in the definition of the term “stamping” by inserting the words “putting a sticker and sealing” between the words “includes” and “casting”; (d) in the definition of the term “pre-packed goods” by deleting the word “retail”; (e) inserting in their appropriate alphabetical order the following new definitions- 28 No. 12 The Written Laws (Miscellaneous Amendments) (No. 5) Act 2019 ““measuring instrument” means any device intended to be used to make measurements, along or in conjunction with supplementary device; “measuring system" means a set of one or more measuring instrument and other devices including any reagent and supply assembled and adapted to give information used to generate measured quantity values within specified intervals for quantities of specified kind;” Amendment of section 7 - 45
AI-assisted research summary: This provision amends section 7 of the principal Act by replacing the word “wardens” with “inspectors” in paragraphs (a) and (b).
45. The principal Act is amended in section 7 by deleting the word “wardens” appearing in paragraphs (a) and (b) and subsitituting for it the word “inspectors”. Amendment of section 10 - 46
AI-assisted research summary: This provision amends section 10(1) by replacing “assizing or reassizing” with “verification or re-verification”.
46. The principal Act is amended in section 10(1) by deleting the words “assizing or reassizing” and substituting for them the words “verification or re-verification”. Amendment of section 11 - 47
AI-assisted research summary: This provision amends section 11 of the principal Act by inserting “Fifth” after “Fourth” in subsection (1) and subsection (2), and it refers to an amendment of section 14.
47. The principal Act is amended in section 11, by- (a) in subsection (1) by inserting the word “Fifth” immediately after the word “Fourth”; and (b) in subsection (2) by inserting the word “Fifth” immediately after the word “Fourth”. Amendment of section 14 - 48
AI-assisted research summary: The Minister may appoint private inspectors for verification under the Act if recommended by the Commissioner, and must publish the names of appointed inspectors in the Gazette.
48. The principal Act is amended in section 14, by- (a) deleting the marginal note and substituting for it the following: “appointment of commissioners, assistant commissioners and inspectors”; and (b) adding immediately after subsection (2) the following new subsections: the “(3) The Minister may, for purpose of carrying out verification under this Act, and upon recommendation by the Commissioner, appoint private inspectors on such terms and conditions as he deems fit. (4) The Minister shall, by notice published in the Gazette, declare the names 29 No. 12 The Written Laws (Miscellaneous Amendments) (No. 5) Act 2019 Amendment of section 19 Amendment of section 23 of inspectors and private inspectors appointed under this section.” - 49
AI-assisted research summary: Inspectors must at least once every 12 months, in each area of jurisdiction, set a date, time, and place to verify measuring instruments and require people holding trade-related weights or measuring instruments to produce them.
49. The principal Act is amended in section 19 by deleting subsection (1) and substituting for it the following- “(1) At least once in every twelve months in respect of an area of jurisdiction, an inspector shall, for the purpose of verifying measuring instrument or measuring system and in a manner prescribed by the Minister, specify the date, time and place and require a person who has in his possession any weight, measure, weighing or measuring instrument or measuring system which is used or intended to be used in trade, to produce it at such time and place within the area as he may appoint.” - 50
AI-assisted research summary: This provision amends section 23 of the principal Act by adding a new paragraph and renumbering later paragraphs.
50. The principal Act is amended in section 23, by- (a) inserting immediately after paragraph (a) of the proviso the following: “(b) condemn it, upon approval by the Commissioner;”; and (b) renaming paragraphs (b) and (c) as paragraphs (c) and (d) repectively. Amendment of section 26 - 51
AI-assisted research summary: This section amends section 26 so that no person may sell, offer, import, pack, deliver, expose, possess, keep on trade premises, carry, or advertise goods for sale unless they match the weight, measure, and denomination required by the Act, subject to section 27.
51. The principal Act is amended in section 26, by- (a) deleting subsection (1) and substituting for it the following: “(1) Subjet to the provisions of section 27, no person shall sell or offer, import, pack, deliver, expose or possess, keep on trade premises, carry or, in any manner, advertise for sale any of the goods otherwise than in accordance with the weight or measure and in the denomination specified under this Act.”; and (b) in subsection (2), by deleting the word “in 10th, 11th and 12th Schedule to” and substituting for them the word “under”. 30 No. 12 The Written Laws (Miscellaneous Amendments) (No. 5) Act 2019 Repeal and replacement of section 33 Amendment of section 54 - 52
AI-assisted research summary: This section amends the principal Act by repealing section 33 and replacing it with new wording about an offence connected with inspectors.
52. The principal Act is amended by repealing section 33 and replacing for it the following- “Offence in connection with inspectors - 33
AI-assisted research summary: A person who is not an inspector must not act as or pretend to be an inspector.
33. A person who is not an inspector and acts as or purports to an be offence.” inspector, commits an - 53 Verify source ↗
Construction
AI-assisted research summary: This section amends section 54(1) of the principal Act by inserting “manufacturing, importation” before “repairing” in paragraph (q) and replacing paragraph (x) with a new rule about procedures and forms for forfeiting goods, measuring instruments, and measuring systems.
53. The principal Act is amended in section 54(1)- (a) in paragraph (q), by the words “manufacturing, importation” imediately before the word “ repairing” appearing in the second line; and inserting (b) by deleting paragraph (x) and substituting for it the following: “(x) procedure and various forms to be used in carrying out forfeiture of goods, measuring instruments and measuring systems.” PART VIII AMENDMENT OF THE WILDLIFE CONSERVATION ACT, (CAP. 283) Construction Cap.283
Part
PART VIII
- 54
AI-assisted research summary: This section says this Part is to be read together with the Wildlife Conservation Act and calls that Act the principal Act.
54. This Part shall be read as one with the Wildlife Conservation Act, hereinafter referred to as the “principal Act”. Amendment of section 38 - 55
AI-assisted research summary: The Minister must decide whether a hunting block tenure continues in the fifth year, make regulations on block categorization, and may allocate hunting blocks by transparent auction, tender, or another good-governance method. A company with a hunting block must not give it up before tenure ends unless it gives the Minister at least three months’ prior written notice.
55. The principal Act is amended in section 38, by- (a) deleting subsection (8) and substituting for it the following: “(8) For the purpose of this section, there shall be three categories of hunting blocks, namely: (a) category I blocks, the tenure of which shall be ten years; (b) category II blocks, the tenure of which shall be ten years; and (c) category III blocks, the tenure of which shall be fifteen years. (8A) Except for at least three months 31 No. 12 The Written Laws (Miscellaneous Amendments) (No. 5) Act 2019 prior written notice made to the Minister, no company allocated a hunting block shall vacate, surrender, return or abandon the hunting block before the expiry of its tenure.” (b) by deleting subsection (9) and substituting for it the following: “(9) The Minister shall on the fifth year of the tenure of ownership of a hunting block, determine the continuity of the tenure. (c) by adding immediately after subsection (9) as amended the following new subsection: “(9A) The Minister’s decision under subsection (9) shall be based on: (a) the annual (b) the performance assessment and the evaluation of the hunting block utilization; and the full performance of company allocated a hunting block to be carried out in the fourth year of the tenure, which shall take into account the annual the evaluation assessment and criteria the in Regulations.” (d) deleting subsection (10) and substituting for the prescribed following: “(10) Subject to subsection (8), the Minister shall make regulations prescribing for criteria for categorization, size and quality of each category of hunting block.” (e) by deleting subsection (11) and substituting for it the following: “(11) The Minister may, in allocating hunting blocks, use auction, tendering or any other modality or system of allocation which is transparent and is inline with principles of good governance.” 32 No. 12 The Written Laws (Miscellaneous Amendments) (No. 5) Act 2019 Amendment of section 39 - 56 Verify source ↗
Construction
AI-assisted research summary: Section 56 amends section 39 to require at least 30% of hunting blocks to be set aside for Tanzanian owned companies, and it bars regulations from stopping those companies from applying for hunting blocks set aside for foreign owned companies.
56. The principal Act is amended in section 39- (a) in subsection (3) by- (i) deleting the words “twenty five” appearing in paragraph (a) and substituting for it the word “ten”; (ii) deleting paragraph (b) and substituting for it the following: “(b) the percentage of hunting blocks set aside specifically for application by Tanzanian owned companies shall, at any particular time, be not less than thirty percent of the total number of hunting blocks: Provided that, no regulation shall restrict a Tanzanian owned company from applying for any hunting block set aside for application by foreign owned companies.” (b) by adding immediately after subsection (3) the following: “(3A) For the purpose of this section “Tanzanian owned company” means a company in accordance with the laws of Tanzania and whose majority shares are owned by Tanzanian citizens.” incorporated or registered Passed by the National Assembly on the 6th September, 2019. STEPHEN KAGAIGAI ……………………… Clerk of the National Assembly 33
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The Written Laws (Miscellaneous Amendments) (No. 5) Act, 2019
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