The Written Laws (Miscellaneous Amendments) (No. 7) Act, 2019
This Act may be cited as the Written Laws (Miscellaneous Amendments) (No. 7) Act, 2019, and it amends certain written laws.
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This Act may be cited as the Written Laws (Miscellaneous Amendments) (No. 7) Act, 2019, and it amends certain written laws. This section says the Act’s written laws are amended as set out in their respective Parts, and Part II amends the Animal Diseases Act (Cap. 156), including section 62. This Part must be read together with the Animal Diseases Act, which is called the principal Act. This provision amends the penalty text in section 62(1) of the principal Act. This provision amends the principal Act by inserting a new section after section 62, titled “Compounding of offences relating…”.
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Provisions of The Written Laws (Miscellaneous Amendments) (No. 7) Act, 2019
Showing 106 of 106
Part
PART I
- 1
AI-assisted research summary: This Act may be cited as the Written Laws (Miscellaneous Amendments) (No. 7) Act, 2019, and it amends certain written laws.
1. This Act may be cited as the Written Laws (Miscellaneous Amendments) (No. 7) Act, 2019. Amendment of certain written laws - 2 Verify source ↗
Short title
AI-assisted research summary: This section says the Act’s written laws are amended as set out in their respective Parts, and Part II amends the Animal Diseases Act (Cap. 156), including section 62.
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 ANIMAL DISEASES ACT, (CAP. 156) Construction Cap. 156 Amendment of section 62
Part
PART II
- 3
AI-assisted research summary: This Part must be read together with the Animal Diseases Act, which is called the principal Act.
3. This Part shall be read as one with the Animal Diseases Act, hereinafter referred to as the “principal Act”. - 4
AI-assisted research summary: This provision amends the penalty text in section 62(1) of the principal Act.
4. The principal Act is amended in the closing phrase of section 62(1), by deleting the words “three hundred thousand shillings or not more than five hundred thousand shillings or imprisonment for six months” and substituting for them the words “five hundred thousand shillings but not exceeding ten 5 No.14 Written Laws (Miscellaneous Amendments) (No. 7) Act 2019 million shillings or to imprisonment for a term of not less than six months but not exceeding twelve months”. Addition of section 62A - 5
AI-assisted research summary: This provision amends the principal Act by inserting a new section after section 62, titled “Compounding of offences relating…”.
5. The principal Act is amended by adding immediately after section 62 the following: “Compounding of offences relating - 62A Verify source ↗
(1) Notwithstanding
AI-assisted research summary: The Director may compound certain offences before court proceedings begin, order payment up to five million shillings, charge prescribed interest for non-compliance, enforce the order like a court decree, and must file quarterly reports to the Director of Public Prosecutions.
62A.-(1) Notwithstanding this Act the to provisions of penalties, where a person admits in writing that he has committed an offence under this Act or any other sector legislation, the Director 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 a sum of money not exceeding five million shillings. (2) Where the person fails to comply with the compounding order issued under this section within the prescribed period, the Director may, in addition to the sum ordered, require the person to pay an interest at the rate prescribed in the regulations. (3) Where the person fails to comply with subsection (2), the Director may enforce the compounding order and interest accrued thereof in the same manner as a decree of a court. (4) The Director shall submit quarterly reports of all compounded offences under this section to the Director of Public Prosecutions. forms and manner (5) The of compounding of offences shall be as prescribed in the regulations made under this Act.”. 6 No.14 Written Laws (Miscellaneous Amendments) (No. 7) Act 2019 PART III AMENDMENT OF THE ANIMAL WELFARE ACT, (CAP. 154) Construction Cap. 154 Amendment of section 59
Part
PART III
- 6
AI-assisted research summary: This Part must be read together with the Animal Welfare Act, called the principal Act.
6. This Part shall be read as one with the Animal Welfare Act, hereinafter referred to as the “principal Act”. - 7
AI-assisted research summary: This section amends the principal Act to add animal cruelty conduct to section 59 and increase the fine to between 100,000 and 1,000,000 shillings.
7. The principal Act is amended in section 59- (a) in subsection (1), by- (i) adding immediately after paragraph (e) the following: “(f) Delibarately and with ill motive- (i) starve, underfeed or deny water or food to an animal; (ii) keep an animal in grossly dirty or verminous conditions; (iii) abandon an animal, whether permanently or not, in circumstances likely to cause unnecessary suffering to the animal; (iv) keep or manage an animal in a from it behaviour that prevents normal manner exhibiting patterns;”; and (ii) renaming paragraphs (f) and (g) as paragraphs (g) and (h) respectively; (b) in subsection (2), by deleting the words “not exceeding one hundred thousand shillings” and substituting for them the words “of not less than one hundred thousand shillings but not exceeding one million shillings”. Amendment of section 60 - 8 Verify source ↗
The principal Act is amended in section 60(1)(a), by
AI-assisted research summary: Section 60(1)(a) is amended by replacing “fifty” with “five hundred”.
8. The principal Act is amended in section 60(1)(a), by deleting the word “fifty” and substituting for it the words “five hundred”. PART IV AMENDMENT OF THE BANK OF TANZANIA ACT, (CAP. 197) Construction Cap.197
Part
PART IV
- 9
AI-assisted research summary: This Part must be read together with the Bank of Tanzania Act.
9. This Part shall be read as one with the Bank of Tanzania Act, hereinafter referred to as the “principal Act”. 7 No.14 Written Laws (Miscellaneous Amendments) (No. 7) Act 2019 Amendment of section 34 - 10 Verify source ↗
Construction
AI-assisted research summary: This section amends section 34 of the principal Act by replacing “Government” with “Governments” wherever it appears.
10. The principal Act is amended in section 34, by deleting the word “Government” wherever it appears in that section and substituting for it the word “Governments”. PART V AMENDMENT OF THE GOVERNMENT LOANS, GUARANTEES AND GRANTS ACT, (CAP. 134) Construction Cap.134
Part
PART V
- 11
AI-assisted research summary: This Part is to be read together with the Government Loans, Guarantees and Grants Act, called the principal Act.
11. This Part shall be read as one with the Government Loans, Guarantees and Grants Act, hereinafter referred to as the “principal Act”. Addition of section 14A - 12 Verify source ↗
Construction
AI-assisted research summary: This provision amends the principal Act by inserting new text after section 14 about authority to guarantee insurance risks.
12.The principal Act is amended by adding immediately after section 14 the following: “Authority to guarantee insurance risks - 14A Verify source ↗
(1) Notwithstanding the
AI-assisted research summary: The Minister must issue a government guarantee for certain insurance-policy risks, based on the National Committee’s advice, and may increase the guaranteed risk rate on the Committee’s recommendation.
14A.-(1) Notwithstanding the provisions of sections 13, 13A and 14, the Minister shall, upon the advice of the National Committee, issue a guarantee for and on behalf of the Government on risk emanating from insurance policy on the following conditions- (a) The insurance policy issued by Company or owned wholly by Government; is insurance institution the (b) the insurance policy relates to a project funded by the Government or a property owned by the Government; and (c) the extent of the guarantee covered does not exceed 75% of the risks insured. (2) Notwithstanding subsection (1)(c), the Minister may, upon the recommendations of the National Committee, extend the rate of risk to be guaranteed. 8 No.14 Written Laws (Miscellaneous Amendments) (No. 7) Act 2019 this (3) The provisions of section shall be deemed to have come into operation on the 1st day of June, 2019.” PART VI AMENDMENT OF THE HIV AND AIDS (PREVENTION AND CONTROL) ACT, (CAP. 431) Construction Cap. 431
Part
PART VI
- 13
AI-assisted research summary: This Part must be read together with the HIV and AIDS (Prevention and Control) Act, which is called the principal Act.
13. This Part shall be read as one with the HIV and AIDS (Prevention and Control) Act, hereinafter referred to as the “principal Act”. General amendment - 14
AI-assisted research summary: This provision changes the wording of the principal Act, replacing references to “living with HIV and AIDS” and “living with HIV/AIDS” with “living with HIV”.
14. The principal Act is amended generally, by deleting the words “living with HIV and AIDS” and “living with HIV/AIDS” wherever they appear in the Act and substituting for them with the words “living with HIV”. Amendment of section 3 - 15
AI-assisted research summary: This section adds definitions for “child” and “HIV self-testing” to section 3.
15. The principal Act is amended in section 3, by inserting in the appropriate alphabetical order the following new definitions- ““child” for the purposes of HIV testing under this Act, means a person below the age of fifteen; “HIV self-testing” means the process of a person collecting his own specimen, oral fluid or blood, performing a test and interpreting the results in a private setting, either alone or with someone he trusts;”. Amendment of section 7 - 16
AI-assisted research summary: This provision amends section 7(1) by deleting the word “a” between “Education” and “programmes.”
16. The principal Act is amended in section 7(1), by deleting article “a” appearing between the words “Education” and “programmes” . Amendment of section 13 - 17
AI-assisted research summary: This section amends section 13 so HIV testing rules now exclude HIV self-testing, and other HIV testing must be done in a health care facility or center recognized by NACP.
17. The principal Act is amended in section 13, by- (a) deleting the words “For the purposes of facilitating HIV testing, every public” appearing at the begining of subsection (1) and substituting for them the words “Except for HIV self-testing, for purposes of facilitating HIV testing, every”; (b) deleting subsection (4) and substituting for it the following: 9 No.14 Written Laws (Miscellaneous Amendments) (No. 7) Act 2019 “(4) Except for HIV self-testing, HIV testing shall be undergone or conducted in a health care or center recognized by NACP.” Amendment of section 16 - 18
AI-assisted research summary: Section 16(2)(a) is replaced so that, for a person under 18, the relevant person may be a parent, guardian, or someone the child trusts.
18. The principal Act is amended in section 16(2), by deleting paragraph (a) and substituting for it the following: “(a) in case of a person below the age of eighteen years, a parent, guardian or someone he trusts;”. Addition of sections 16A,16B,16C, 16D and 16E - 19
AI-assisted research summary: This section amends the principal Act by adding a new provision about HIV self-testing kits and the responsibilities of people who provide or distribute them.
19. The principal Act immediately after section 16 the following: is amended by adding “HIV self- testing Responsibilities of person providing or distributing self-testing kits - 16A Verify source ↗
(1)
AI-assisted research summary: People who self-test for HIV may do so under the Part’s procedures, and anyone who self-tests or helps another self-test must keep testing voluntary, confirm results in a health facility or authorized HIV testing service, and dispose of used kits properly. People under 18 must not self-test or be given self-testing kits.
16A.-(1) Notwithstanding other provisions of this Act, a person self-testing may in undertake accordance with the procedures provided for under this Part. (2) A person who undertakes self-testing or assists another person to undertake self-testing shall ensure that- (a) testing is voluntary; (b) he undertakes or assists to undertake confirmation of the results in a health facility or authorized HIV testing services; and (c) he disposes the used test kits in a proper manner. (3) A person below the age of eighteen years shall not undertake self- testing or be provided with self-testing kits. - 16B Verify source ↗
(1) A person shall not
AI-assisted research summary: A person must not provide or supply self-testing kits unless trained in HIV self-testing recognized by the Ministry.
16B.-(1) A person shall not provide or supply self-testing kits unless he has undergone training in HIV self-testing recognized by the Ministry. (2) A person who provides or supplies self-testing kits shall, before providing or supplying such kits- 10 No.14 Written Laws (Miscellaneous Amendments) (No. 7) Act 2019 with (a) provide pre-testing counseling to the user in accordance the provisions of this Act; (b) instruct the user on the proper procedures of HIV self-testing and disposal of used self-testing kits; does definitive (c) inform the user that HIV not and self-testing provide conclusive diagnosis; and (d) advise the user to visit a health facility or authorized HIV testing services for confirmation of results. Quality and standards of self-testing kits - 16C Verify source ↗
A person shall not use or supply
AI-assisted research summary: A person must not use or supply self-testing kits unless the kits are approved and registered by the quality and standards authority.
16C. A person shall not use or supply self-testing kits unless the kits are approved and the authority responsible for quality and standards control. registered by Methods of self-testing - 16D Verify source ↗
HIV self-testing shall be done in
AI-assisted research summary: HIV self-testing must be done either by the individual alone or with help from someone the person trusts or a trained HIV testing service provider.
16D. HIV self-testing shall be done in the following manner- (a) by an individual alone; or (b) by an individual with the assistance of someone he trusts or a trained HIV testing service provider. Offences under this Part - 16E Verify source ↗
A person who contravenes the
AI-assisted research summary: A person who contravenes this Part commits an offence.
16E. A person who contravenes the provisions of this Part commits an offence.”. - 20
AI-assisted research summary: This section amends section 17 by adding wording about a person who assists another person to undertake self-testing and by stating that contravening the section is an offence.
20. The principal Act is amended in section 17- (a) in subsection (1), by adding the words “a person who assists another person to undertake self- testing” immediately after the word “guardians”; and (b) by adding immediately after subsection (2) the following: 11 Amendment of section 17 No.14 Written Laws (Miscellaneous Amendments) (No. 7) Act 2019 “(3) A person who contravenes the this section commits an provisions of offence.”. Amendment of section 23 - 21
AI-assisted research summary: This provision amends section 23(2) by replacing the words “Tanzania Bureau of Standards” with “authorities responsible for quality and standards control”.
21. The principal Act is amended in section 23(2), by deleting the words “Tanzania Bureau of Standards” and substituting for them the words “authorities responsible for quality and standards control”. Amendment of section 27 Amendment of section 42 - 22
AI-assisted research summary: Section 27(3) is amended to replace the old penalty with a fine of five million to fifty million shillings or imprisonment for six months to three years.
22. The principal Act is amended in section 27(3), by deleting the words “one million shillings or to imprisonment for a term of not less than six months”, and substituting for them the words “five million shillings but not exceeding fifty million shillings or to imprisonment for a term of not less than six months but not exceeding three years”. - 23
AI-assisted research summary: TACAIDS must compile the relevant research findings with NACP and submit them to the Minister. The Minister may then disclose the findings to the public after receiving them and consulting the Minister responsible for multi-sectoral HIV and AIDS coordination and policy.
23. The principal Act is amended in section 42, by- (a) deleting the words “TACAIDS shall compile and disseminate relevant research findings to the public” appearing (1) and substituting for them the words “TACAIDS shall, in collaboration with NACP, compile the relevant research findings and submit to the Minister”; (b) adding immediately after subsection (1) the subsection in following: “(2) The Minister may, upon receipt of the research findings and after consultation with the Minister responsible for multi sectoral coordination, policy of HIV and AIDS prevention and control, disseminate relevant research findings to the public.”; (c) renumbering subsections (2) and (3) as subsections (3) and (4) respectively. Amendment of section 47 - 24
AI-assisted research summary: This provision amends section 47 and allows the court to order compensation to the victim, in addition to the penalty under subsection (1).
24. The principal Act is amended in section 47, by- (a) designating the contents of section 47 as subsection (1); and (b) adding immediately after the designated subsection (1) the following: “(2) In addition the penalty prescribed under subsection (1), the court may order payment of compensation to the victim in the sum and manner it deems fit.”. to 12 No.14 Written Laws (Miscellaneous Amendments) (No. 7) Act 2019 Amendment of section 52 - 25 Verify source ↗
Construction
AI-assisted research summary: This provision amends section 52 by adding a new item about self-testing kits and renumbering later paragraphs.
25. The principal Act is amended in section 52, by- (a) inserting immediately after paragraph (l) the following: “(m)provision, supply, handling and disposal of self-testing kits;” (b) renaming paragraphs (m) and (n) as paragraphs (n) and (o) respectively. PART VII AMENDMENT OF THE INDUSTRIAL AND CONSUMER CHEMICALS (MANAGEMENT AND CONTROL) ACT, (CAP. 182) Construction Cap.182
Part
PART VII
- 26
AI-assisted research summary: This Part is to be read together with the Industrial and Consumer Chemicals (Management and Control) Act, called the principal Act.
26. This Part shall be read as one with the Industrial and Consumer Chemicals (Management and Control) Act, hereinafter referred to as the “principal Act”. General amendment Cap. 177 Amendment of section 2 - 27
AI-assisted research summary: This provision amends the principal Act by replacing specified words and references throughout the Act.
27. The principal Act is amended generally, by- (a) deleting the word "Agency" wherever it appears in the word the Act and substituting for "Authority"; and it (b) deleting the words "Executive Agencies Act" wherever they appear in the Act and substituting for the words "Government Chemist Laboratory Authority Act". them - 28
AI-assisted research summary: This section replaces the definition of “Board” in section 2 of the principal Act.
28. The principal Act is amended in section 2, by deleting the definition of the term "Board" and substituting for it the following: ""Board" means the Board for the Government Chemist Authority Laboratory established under section 7 of the Laboratory Chemist Government Authority Act;". Cap. 177 Repeal and replacement of section 3 - 29
AI-assisted research summary: This section amends the principal Act by repealing section 3 and replacing it with new text.
29. The principal Act is amended by repealing section 3 and replacing it with the following: “Administration and functions under the Act Cap. 177 - 3
AI-assisted research summary: This provision says the Act’s administration and functions are to be as specified in the Government Chemist Laboratory Authority Act.
3. The administration and functions under this Act shall be as specified the Government Chemist Laboratory Authority Act.” under 13 No.14 Written Laws (Miscellaneous Amendments) (No. 7) Act 2019 Amendment of section 4 - 30
AI-assisted research summary: This provision amends section 4(2) of the principal Act by deleting the words “Ministerial Advisory” from paragraph (e).
30. The principal Act is amended in section 4(2), by deleting the words "Ministerial Advisory" appearing in paragraph (e). Amendment of section 6 - 31 Verify source ↗
Construction
AI-assisted research summary: Section 6 is amended so that powers may be delegated to the Chief Government Chemist, the Committee of the Board, or an authorised public officer, and that delegation cannot be further delegated.
31. The principal Act is amended in section 6, by deleting paragraph (e) and substituting for it the following: "(e) delegate any of its powers the Chief Government Chemist, Committee of the Board or authorised public officer provided that, such delegation shall not be further delegated; and". to Amendment of section 11 - 32
AI-assisted research summary: The Act is amended to add a dealer of chemical and to require every chemical container to bear a label in Kiswahili or English with details prescribed by regulation.
32. The principal Act is amended in section 11- (a) in subsection (2), by- (i) adding immediately after paragraph (a) the following: "(b) the dealer of chemical;"; (ii) by renaming paragraphs (b) and (c) as paragraphs (c) and (d) respectively; (b) by deleting subsection (5) and substituting for it the following: "(5) Every chemical imported, distributed, manufactured, transported, sold or stored shall bear on the container thereof, a label written in either Kiswahili or English language with details prescribed in the regulations." Addition of section 27A - 33
AI-assisted research summary: The provision adds a prohibition on dealing in chemicals listed in the Third, Sixth, Seventh, and Eighth Schedules.
33. The principal Act immediately after section 27 the following: is amended by adding “Prohibition from dealing in chemicals listed in Third, Sixth, Seventh and Eighth Schedules
Part
Schedules
- 27A Verify source ↗
(1) A person shall not
AI-assisted research summary: A person must not handle certain listed chemicals unless registered under the Act.
27A.-(1) A person shall not possess, use, distribute, buy or sell chemicals specified under the Third, Sixth, Seventh and Eighth Schedules unless that person is registered under this Act. (2) Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to- (a) in case of a natural person, a fine of not less than one million shillings but not 14 No.14 Written Laws (Miscellaneous Amendments) (No. 7) Act 2019 exceeding five million shillings or to imprisonment for a term of two years or to both; and (b) in case of a body corporate, a fine of not less than ten million shillings but not hundred two exceeding million shillings.”. Amendment of section 29 Amendment of section 42 - 34
AI-assisted research summary: This section amends section 29(7) of the principal Act by deleting the words “and the Chairman of the Board”.
34. The principal Act is amended in section 29(7), by deleting the words “and the Chairman of the Board”. - 35
AI-assisted research summary: Section 35 amends section 42 and creates an offence for importing unlabelled, obsolete, or expired chemicals.
35. The principal Act is amended in section 42, by- (a) deleting the words "international or foreign" appearing in subsection (1)(a) and substituting for them the words "or international"; and (b) adding immediately after subsection (5) the following: “(6) Any person who imports unlabelled, obsolete or expired chemical commits an offence and shall, upon conviction, be liable to a fine of not less than five million shillings or to imprisonment for a term of six months or both.” Amendment of section 43 Amendment of section 48 Cap. 177 Amendment of section 49 Cap. 177 - 36
AI-assisted research summary: This section amends the law so that certain bulk chemicals may not be imported or transited in a port unless the operation takes place at a designated port or area.
36. The principal Act is amended in section 43(11), by deleting the words “transit chemicals or chemical wastes in the country” and substituting for them the words “imported or transit bulk chemicals in the port unless such operation is undertaken at the designated port or area”. - 37
AI-assisted research summary: This section changes a reference in section 48(4), replacing one cited provision with another.
37. The principal Act is amended in section 48(4), by deleting the words “section 12 of the Executive Agencies Act, 1997” and substituting for them the words “section 36 of the Government Chemist Laboratory Authority Act”. - 38
AI-assisted research summary: This provision amends section 49(1) of the principal Act by replacing one cross-reference with another.
38. The principal Act is amended in section 49(1), by deleting the words “section 14 of the Executive Agencies Act, 1997” and substituting for them the words “section 41 of the Government Chemist Laboratory Authority Act”. 15 No.14 Written Laws (Miscellaneous Amendments) (No. 7) Act 2019 Repeal and replacement of section 50 - 39
AI-assisted research summary: This provision amends the principal Act by repealing section 50 and replacing it with a new section on annual reports and performance agreements.
39. The principal Act is amended by repealing section 50 and substituting for it the following- “Annual reports and performance agreements Cap. 177 - 50
AI-assisted research summary: The Registrar must prepare and submit an annual report to the Minister within six months after each financial year ends.
50. Within six months after the end of each financial year, the Registrar shall prepare and submit to the Minister an annual report in accordance with section 40 of the Government Chemist Laboratory Authority Act.” Addition of section 61A - 40 Verify source ↗
Amendment of section 11
AI-assisted research summary: This section amends the principal Act by adding material after section 61, including the heading “Compounding of offences.”
40. The principal Act immediately after section 61 the following: is amended by adding "Compounding of offences - 61A Verify source ↗
(1) Notwithstanding the
AI-assisted research summary: The Registrar may compound certain admitted offences before court proceedings begin, and the offender may have to pay up to half the usual fine.
61A.-(1) Notwithstanding the provisions of this Act relating to penalties, where a person admits in writing that he has committed an offence under this Act or any other sector legislation, the Registrar or a person authorised by him in writing may, at any the commencement of the proceedings by jurisdiction a court of competent compound such offence and order such person to pay a sum of money not exceeding one half of the amount of fine to which such person would otherwise have been liable to pay if he had been convicted of such offence. time prior to (2) Where the person fails to comply with the compounding order issued under this section within the prescribed period, the Registrar may in addition to the sum ordered, require the person to pay an interest at the rate prescribed in the regulations. (3) Where the person fails to the comply with subsection the Registrar compounding order interest accrued thereof in the same manner as a decree of a court. enforce and may (2), (4) The Registrar shall submit quarterly reports of all compounded 16 No.14 Written Laws (Miscellaneous Amendments) (No. 7) Act 2019 offences under this section to the Director of Public Prosecutions. (5) The forms and manner of compounding of offences shall be as prescribed in the regulations made under this Act.”. PART VIII AMENDMENT OF THE MINING ACT, (CAP. 123) Construction Cap.123 Amendment of section 73
Part
PART VIII
- 41
AI-assisted research summary: This part must be read together with the Mining Act, which is called the principal Act.
41. This Part shall be read as one with the Mining Act, hereinafter referred to as the “principal Act”. - 42
AI-assisted research summary: This provision amends section 73 of the principal Act by deleting subsection (3) and renumbering subsections (4) and (5).
42. The principal Act is amended in section 73, by- (a) deleting subsection (3); and (b) renumbering subsections (4) and (5) as subsections (3) and (4) respectively. Addition of sub-part (iv) of part v - 43 Verify source ↗
Construction
AI-assisted research summary: This provision amends the principal Act by adding a new sub-part on lapidary licence under Part V.
43. The principal Act is amended in Part V by adding immediately below section 86B the following sub-part: Lapidary licence “(iv) Lapidary Licence - 86C Verify source ↗
(1) A person shall not carry out lapidary
AI-assisted research summary: A person must not carry out lapidary activities unless licensed under this sub-part.
86C.-(1) A person shall not carry out lapidary activities without a licence issued under this sub-part. Application for large lapidary licence (2) A lapidary licence shall be issued in the following categories- (a) large lapidary licence; and (b) small lapidary licence. (3) A large or small lapidary licence shall apply to gemstones only. - 86D Verify source ↗
(1) An application for a
AI-assisted research summary: An application for a large lapidary licence must be made to the Commission in the prescribed form, with the prescribed fee and required supporting information. The applicant must also meet experience or staffing requirements, and an otherwise unqualified person cannot hold the licence unless the licence is jointly held with qualified person(s) meeting a 25% share threshold.
86D.-(1) An application for a large lapidary licence shall be made to the Commission in a prescribed form and shall be accompanied by the prescribed fee. (2) An application for a large lapidary licence shall contain- (a) names, place of business and physical address; 17 No.14 Written Laws (Miscellaneous Amendments) (No. 7) Act 2019 (b) the type of minerals for which the licence is sought; and (c) any other information as may be determined by the Commission, and shall be appended with two recent the passport size photographs of applicant. such person (3) A large lapidary licence shall not be granted to or held by a person who, by reason of subsection (1) or (2) of section 8, is not qualified to be granted a primary mining licence unless the large lapidary licence is held by undivided participating shares with a person or persons qualified to hold the licence. under subsection (1) or (2) of section 8 and whose undivided participating share or shares amount to not less than twenty five per centum either alone, in the case of one person, or in aggregate, in the case of more than one person. in Grant of large lapidary licence (4) An applicant for a large lapidary licence shall show possession of knowledge or experience in lapidary activities or has employed a person of the requisite knowledge or experience for at least two years. - 86E Verify source ↗
(1) Subject to subsection
AI-assisted research summary: A successful applicant for a large lapidary licence is entitled to the licence, unless one of the listed disqualifying conditions applies.
86E.-(1) Subject to subsection (2), a successful applicant for a large lapidary licence under section 86B shall be entitled to the grant of a large lapidary licence for which he has applied. (2) Notwithstanding subsection (1), a successful applicant shall not be granted a large lapidary licence if- (a) he has not surrendered any licence which previously 18 No.14 Written Laws (Miscellaneous Amendments) (No. 7) Act 2019 entitled him to carry out lapidary activities; (b) he previously held a large lapidary licence and was disqualified from holding such licence; or (c) he has been convicted of a criminal offence in relation to buying, selling or possession of minerals or unlawfully carrying out lapidary activities. - 86F Verify source ↗
(1)A
AI-assisted research summary: A holder of a large lapidary licence may apply to renew it, but only not less than six months before expiry and with the prescribed form and fees.
86F.-(1)A lapidary licence shall be valid for a period of five years from the date of issue. large (2) A holder of a large lapidary licence may, not less than six months from the date of expiry of the licence, apply for renewal in the prescribed form the prescribed fees. accompanied by and (3) The holder of a large lapidary licence who has failed to show evidence of transfer of lapidary skills to Tanzanians, quantity and type of equipment and an annual minimum turnover prescribed in the regulations shall be disqualified from obtaining a renewal of his licence. - 86G Verify source ↗
(1) The holder of a large
AI-assisted research summary: A holder of a large lapidary licence may process, buy, import, and sell gemstones, but must meet machine, skills-transfer, location, and record-keeping requirements.
86G.-(1) The holder of a large lapidary licence may- (a) buy or acquire minerals specified licence in from mineral and gem houses or import gemstones for value addition; the Duration of large lapidary licence and renewal Rights and obligations of holder of large lapidary licence (b) cut, polish, engrave or enhance gemstones through the heat purpose of value addition; and treatment for 19 No.14 Written Laws (Miscellaneous Amendments) (No. 7) Act 2019 (c) sell, dispose of or export gems after value addition. (2) The holder of a large lapidary licence shall- (a) where the holder is a Tanzanian, acquire and utilise ten lapidary machines and where the holder foreigner, a acquire and utilise thirty for lapidary machines conducting lapidary activities; is (b) where the holder is a foreigner, transfer lapidary skills and expertise to Tanzanians; (c) conduct lapidary activities at the place of business specified in the licence; and (d) keep and maintain accurate records and accounts of all transactions undertaken by him and such records and accounts shall- (i) be kept in such form and include such details as may be the prescribed regulations; and (ii) be submitted to the Commission on a quarterly basis. in Termination of large lapidary licence - 86H Verify source ↗
(1)Where a holder of a
AI-assisted research summary: If a large lapidary licence holder is in default, the Commission may issue a notice requiring rectification within 30 days; if the default is not fixed in time, the Commission must terminate the licence and notify the holder in writing.
86H.-(1)Where a holder of a large lapidary licence is in default of any conditions for which the licence was issued, the Commission may serve on the holder a notice stating the nature of default and require him to rectify the default within thirty days from the date of receipt of the notice. 20 No.14 Written Laws (Miscellaneous Amendments) (No. 7) Act 2019 (2) Where the default has not time rectified within been prescribed the Commission shall terminate the large lapidary licence and notify the holder in writing. the notice, the in Application for small lapidary licence Grant of small lapidary licence - 86I Verify source ↗
(1)An application for a
AI-assisted research summary: An applicant for a small lapidary licence must apply to the Commission in the prescribed form, pay the prescribed fee, provide specified application details and photographs, and show lapidary knowledge or experience (or employ a suitably experienced person).
86I.-(1)An application for a small lapidary licence shall be made to the Commission in the prescribed form and shall be accompanied by a prescribed fee. (2) An application for a licence under this section shall contain- (a) names, place of business and physical address; (b) the type of minerals for which the licence is sought; and (c) any other information as may be determined by the Commission, and shall be appended with two recent size passport photographs of the applicant. (3) An applicant for a small lapidary licence shall show possession of knowledge or experience in lapidary activities or has employed a person of the requisite knowledge or experience. - 86J Verify source ↗
(1) Subject to subsection
AI-assisted research summary: A successful applicant for a small lapidary licence is entitled to the licence applied for, unless listed disqualifying conditions apply, and a licence may not be issued to a foreigner.
86J.-(1) Subject to subsection (2), a successful applicant for a small lapidary licence under section 86I shall be entitled to the grant of a small lapidary licence for which he has applied. (2) Notwithstanding subsection (1), a successful applicant shall not be granted a small lapidary licence if- 21 No.14 Written Laws (Miscellaneous Amendments) (No. 7) Act 2019 (a) he has not surrendered any licence which previously entitled him to carry out lapidary activities; (b) he previously held a small lapidary licence and was disqualified from holding such licence; or (c) he has been convicted of a criminal offence in relation selling or to buying, possession of minerals or unlawfully carrying out lapidary activities. (3) A small lapidary licence shall not be issued to a foreigner. Duration and renewal of small lapidary licence small - 86K Verify source ↗
(1)A
AI-assisted research summary: A small lapidary licence lasts up to 12 months from issue and expires on 30 June each year. The holder may apply for renewal at least one month before expiry, using the prescribed form and fees, and the Commission must consider default or disqualification when deciding renewal.
86K.-(1)A lapidary licence shall be valid for a maximum period of twelve months from the date of issue, and in any case, shall expire on 30th June of each year. and (2) A holder of a small lapidary licence may, not less than one month from the date of expiry of the licence, apply for renewal in the prescribed form the prescribed fees. an In (3) application the for Commission shall consider whether the applicant- determining renewal, accompanied by (a) has been in default of conditions of the licence; or (b) is disqualified from holding a small lapidary licence under section 86J. Rights and obligation of small lapidary licence - 86L Verify source ↗
(1)The holder of a small
AI-assisted research summary: A small lapidary licence holder may buy, process, and sell minerals and gems, but must work at the licensed business location and keep records for quarterly submission to the Commission.
86L.-(1)The holder of a small lapidary licence may- (a) buy or acquire minerals licence in specified the 22 No.14 Written Laws (Miscellaneous Amendments) (No. 7) Act 2019 (b) cut, from mineral and gem houses and buying centers; engrave enhance minerals minerals heat treatment for the purpose of value addition; and polish, or through (c) sell or dispose gems to local markets within Tanzania. (2) The holder of a small lapidary licence shall- (a) where the holder is a Tanzanian, acquire and lapidary three utilise lapidary for machines activities; (b) conduct lapidary activities at the place of business specified in the licence; and (c) keep and maintain accurate records and accounts of all transactions undertaken by him and such records and accounts shall- (i) be kept in such form include such and details as may be prescribed in the regulations; and (ii) be submitted to the Commission on a quarterly basis. Termination of small lapidarylicence - 86M Verify source ↗
(1) Where a holder of a
AI-assisted research summary: If a small lapidary licence holder breaches a licence condition, the Commission may give notice and require the breach to be fixed within 30 days. If it is not fixed in time, the Commission must terminate the licence and notify the holder in writing.
86M.-(1) Where a holder of a small lapidary licence is in default of any condition for which the licence was issued, the Commission may serve on the holder a notice stating the nature of default and require him to rectify the default within thirty days from the date of receipt of the notice. (2) Where the default has not time rectified within the been 23 No.14 Written Laws (Miscellaneous Amendments) (No. 7) Act 2019 in the notice, prescribed the Commission shall terminate the small lapidary licence and notify the holder in writing.” PART IX AMENDMENT OF THE NATIONAL LEADERS’ FUNERALS ACT, (CAP. 419) Construction Cap.419
Part
PART IX
- 44
AI-assisted research summary: This provision says this Part must be read together with the National Leaders’ Funerals Act, and it introduces an amendment to section 3.
44. This Part shall be read as one with the National Leaders’ Funerals Act, hereinafter referred to as the “principal Act”. Amendment of section 3 - 45
AI-assisted research summary: This section amends section 3 of the principal Act by removing some existing definitions, replacing the definition of “national leader,” and adding a new definition of “cemetery.”
45. The principal Act is amended in section 3, by- (a) deleting the definition of the terms “National Cemetery” “President, Vice-President, President of Zanzibar and Prime Minister of the United Republic”; and and (b) deleting the definition of the term “national leader and substituting for it the following: ““national leader” means the President, Vice President, President of Zanzibar, Prime Minister of the United Republic of Tanzania, First Vice President of Zanzibar and Second Vice President of Zanzibar;” (c) adding in the appropriate alphabetical order the following new definition: “cemetery” means a piece of land or area designated to be a burial place by the National Funeral Committee or an area specified in terms of section 17(1); “President, Vice President, President of Zanzibar, Prime Minister of the United Republic of Tanzania, First Vice President of Zanzibar and Second Vice includes a President of Zanzibar” retired Vice retired President, a President, a retired President of Zanzibar, a retired Prime Minister of the United Republic of Tanzania, a 24 No.14 Written Laws (Miscellaneous Amendments) (No. 7) Act 2019 retired First Vice President of Zanzibar and a retired Second Vice President of Zanzibar;” Amendment of section 5 - 46
AI-assisted research summary: This provision amends section 5(2) of the principal Act by inserting “or President of Zanzibar” after “President”.
46. The principal Act is amended in section 5(2), by adding the words “or President of Zanzibar” immediately after the word “President”. Amendment of section 7 - 47
AI-assisted research summary: The law is amended so that the President of Zanzibar gets 14 days of state mourning with flags at half mast, and a retired President of Zanzibar gets 7 days with flags at half mast.
47. The principal Act is amended in section 7(c), by- (a) adding a new subparagraph (i) as follows: “(i) in the case of the President of Zanzibar, a period of fourteen days for state mourning and the flags to fly half mast;” (b) renaming subparagraph (i) as subparagraph (ii); (c) adding after immediately subparagraph (ii) the following: the renamed “(iii) in the case of a retired President of Zanzibar, a period of seven days for state mourning and the flags to fly half mast”. (d) renaming subparagraphs (ii), (iii) and (iv) as subparagraphs (iv), (v) and (vi) respectively. Amendment of section 8 - 48
AI-assisted research summary: This provision amends section 8(2) by inserting the word “state” between “for” and “mourning”.
48. The principal Act is amended in section 8(2), by inserting the word “state” between the words “for” and “mourning”. Amendment of section 9 - 49
AI-assisted research summary: If a serving specified leader dies, the President must announce three days of state mourning and order the flag to fly at half mast.
49. The principal Act is amended in section 9, by deleting subsection (2) and substituting for it the following- “(2) The President shall, in the case of the death of a serving specified leader, announce a period of three days for state mourning and the flag to fly half mast.” Amendment of section 11 by- - 50
AI-assisted research summary: This section amends section 11(2) of the principal Act by replacing several office titles and renaming later paragraphs.
50. The principal Act is amended in section 11(2), (a) deleting the words “Chief Minister” appearing in paragraph (b) and substituting for them the words “Second Vice President of Zanzibar”; (b) deleting the words “Minister for" appearing in paragraphs (d), (e), (f), (g), (i), (j), (l) and (m) and substituting the words “Minister for responsible for”; them 25 No.14 Written Laws (Miscellaneous Amendments) (No. 7) Act 2019 (c) adding the words “responsible for State House” immediately after the word “Zanzibar” appearing at the end of paragraph (k); (d) deleting paragraph (n) and substituting for it the following: “(n) the Minister of State, Second Vice President’s Office Zanzibar; “(o) Chief Secretary of Zanzibar;”; and (e) renaming paragraphs “(o)” and “(p)” as paragraphs “(p)” and “(q)” respectively. Amendment of section 13 - 51
AI-assisted research summary: This section amends section 13(1) of the principal Act by changing committee membership descriptions, adding a Deputy Chairman role for the Chief Secretary of Zanzibar, and renumbering paragraphs.
51. The principal Act is amended in section 13(1), by- (a) adding immediately after paragraph (a) the following: “(b) the Chief Secretary of Zanzibar who shall be the Deputy Chairman;” (b) deleting the words “Minister of” appearing in paragraphs (b), (c), (d), (e), (f), (g) and (i) and the words “Minister for substituting responsible for”; them (c) inserting the words “Construction, Industries,” between the words “for” and “Communication” appearing in paragraph (f); (d) deleting paragraph (j) and substituting for it the following: “(j) the Permanent Secretary - Second Vice President’s Office Zanzibar;” and (e) renaming paragraphs (b) to (k) as paragraphs (c) to (l) respectively. - 52
AI-assisted research summary: The principal Act is amended by repealing section 16.
52. The principal Act is amended by repealing Section Repeal of section 16 - 53
AI-assisted research summary: This provision amends section 17 of the Principal Act by replacing subsection (1) and deleting subsection (3).
53. The Principal Act is amended in section 17, by- (a) deleting subsection (1) and substituting for it the following: “(1) A national leader or specified leader shall be buried at such place - (a) as the family of the deceased shall decide; or 26 No.14 Written Laws (Miscellaneous Amendments) (No. 7) Act 2019 (b) as may be specified in the will of the deceased, if any, in accordance with the rites and procedures for state funeral or Government funeral as may be appropriate.”; and (b) deleting subsection (3). Amendment of section 18 - 54
AI-assisted research summary: Section 18(3) is amended by replacing “the National Cemetery” with “a cemetery.”
54. The principal Act is amended in section 18(3), by deleting the words “the National Cemetery” and substituting for them the words “a cemetery”. Amendment of section 20 - 55
AI-assisted research summary: This provision amends section 20 of the principal Act and adds section 20A.
55. The principal Act is amended in section 20, by- (a) deleting the words “or retired President” appearing in subsection (2) and substituting for them the words “serving President of Zanzibar, retired President or retired President of Zanzibar;” (b) inserting the words “or the late President of Zanzibar” between the words “President” and “and” appearing in subsection (3); and (c) deleting the words “Minister, be prescribed by the Minister responsible for Defence” appearing in subsection (4) and substituting for them the words “Minister responsible for Defence, be prescribed by the Minister”. Addition of section 20A - 56
AI-assisted research summary: This section amends the principal Act by inserting new text immediately after section 20 about burial protocols for other national leaders of Zanzibar.
56. The principal Act is amended by adding immediately after section 20 the following: “Protocols for burial of other national leaders of Zanzibar - 20A Verify source ↗
Save as provided in this
AI-assisted research summary: The funeral conduct of the First Vice President of Zanzibar and the Second Vice President of Zanzibar must follow the relevant Zanzibar law on burial of national leaders, except where this Act provides otherwise.
20A. Save as provided in this the procedural matters and Act, protocols regarding the funeral conduct of the First Vice President of Zanzibar and Second Vice President of Zanzibar shall be as prescribed under the relevant law of Zanzibar relating to burial of national leaders.” Amendment of section 21 - 57
AI-assisted research summary: This section amends section 21 of the Principal Act by replacing subsection (2).
57. The Principal Act is amended in section 21, by deleting subsection (2) and substituting for it the following : “(2) The flag used for covering the bier of the serving President, retired President, serving President of Zanzibar or retired President of Zanzibar shall, after the burial, be 27 No.14 Written Laws (Miscellaneous Amendments) (No. 7) Act 2019 presented custody.” to the deceased’s family for Amendment of section 22 - 58
AI-assisted research summary: This provision amends section 22(3) of the principal Act by replacing specified words with new wording.
58. The principal Act is amended in section 22(3), by deleting the words “Minister, be prescribed by the Minister for Public Safety and Security” and substituting for them the words “Minister responsible for Public Safety and Security, be prescribed by the Minister”. Amendment of section 25 - 59
AI-assisted research summary: This section amends section 25(3) of the principal Act by changing “may” to “shall”.
59. The principal Act is amended in section 25(3), by deleting the word “may” and substituting for it the word “shall”. Amendment of section 26 - 60
AI-assisted research summary: Section 60 changes section 26 so that a person who commits the offence, on conviction, is liable to a fine of at least 500,000 shillings, imprisonment for at least 6 months, or both.
60. The principal Act is amended in section 26, by deleting the closing phrase and substituting for it the following: “commits an offence and shall, on conviction, be liable to a fine of not less than five hundred thousand shillings or to imprisonment for a term of not less than six months or to both.” Amendment of section 27 - 61 Verify source ↗
Construction
AI-assisted research summary: This section amends section 27(2) of the principal Act by deleting paragraphs (a), (d), and (e), and renaming other paragraphs.
61. The principal Act is amended in section 27(2), by- (a) deleting paragraphs (a), (d) and (e); and (b) renaming paragraphs (b), (c), (f), (g), and (h) as paragraphs (a), (b), (c), (d) and (e) respectively. PART X AMENDMENT OF THE PORTS ACT, (CAP. 166) Construction Cap. 166 Amendment of section 2
Part
PART X
- 62
AI-assisted research summary: This section says this Part must be read together with the Ports Act, which it calls the principal Act.
62. This Part shall be read as one with the Ports Act hereinafter referred to as the “principal Act”. - 63
AI-assisted research summary: This section amends section 2 of the principal Act by deleting subsection (2) and renumbering the contents of subsection (1) as section 2.
63. The principal Act is amended in section 2, by- (a) deleting subsection (2); and (b) designating the contents of subsection (1) as section 2. Amendment of section 3 - 64
AI-assisted research summary: The Act changes the definition of “port” in section 3.
64. The principal Act is amended in section 3, by deleting the definition of the term “port” and substituting for it the following: ““port” means a place, whether proclaimed harbour or not, and whether natural or 28 No.14 Written Laws (Miscellaneous Amendments) (No. 7) Act 2019 artificial, to which vessels may resort for shelter to load or unload goods or passengers;”. Addition of section 3A - 65
AI-assisted research summary: This section amends the principal Act by inserting new text after the Part II heading, starting with “Declaration of ports”.
65. The principal Act is amended by adding immediately after the heading to Part II the following: “Declaration of ports - 3A Verify source ↗
(1) The ports specified in
AI-assisted research summary: The Minister may, by notice in the Gazette, declare additional places and navigable rivers to be sea ports or inland ports for this Act.
3A.-(1) The ports specified in the Second Schedule are hereby declared to be ports for the purposes of this Act and any other written laws. (2) (1), Notwithstanding the provisions of subsection the Minister may, by notice published in the Gazette, declare any other place and any navigable river to be a sea port or an inland port for the purpose of this Act.”. Amendment of section 7 - 66
AI-assisted research summary: This provision amends the principal Act to expand the Board’s powers and duties.
66. The principal Act is amended by- (a) designating the contents of section 7 as section 7(1); (b) by adding the words “and functions” immediately after the word “Powers” appearing in the marginal note; (c) adding immediately after subsection (2) the following: “(3) Without prejudice to subsection (2), the Board shall- (a) provide strategic guidance and formulate policies for operation and management of the Authority; (b) approve and oversee financial matters; (c) conduct managerial oversight and review and performance of the management of the Authority; activities (d) secure and ensure efficient use of resources, including approval of annual work and annual plan, supplementary budget; budget (e) approve strategic and investment plans and operations manual; 29 No.14 Written Laws (Miscellaneous Amendments) (No. 7) Act 2019 (f) evaluate the performance of the entire management team and take necessary measures; (g) approve performance reports of the Authority; (h) exercise disciplinary management employees; powers over (i) approve the disposal of capital items; and (j) perform any other functions necessary for the achievement of the objectives of the Authority.” Amendment of section 12 - 67
AI-assisted research summary: A person planning to provide port services must first make an arrangement or agreement with the Authority; providing port services without one is an offence.
67. The principal Act is amended in section 12- (a) in subsection (1), by adding immediately after paragraph (a) the following: “(b) to plan, build, develop, manage, maintain, operate and control all ports;” (b) by renaming paragraphs (b) to (w) as paragraphs (c) to (x) respectively; (c) by deleting subsections (3) and (4) and substituting for them the following: “(3) A person who to undertake port services shall, prior to engaging into such services, enter into an arrangement or agreement with the Authority. intends (4) A person who conducts port services without any arrangement or contract with the Authority commits an offence and shall, upon conviction, be liable to a penalty of not less than five thousand USD but not its exceeding equivalent to imprisonment for a term of not less than two years but not exceeding five years or to both. fifty thousand USD or in Tanzanian shillings or (5) Subject to subsection (4), the Authority may permit continued provision of port services in such areas upon satisfaction that the area is fit for the provision of such services.”. 30 No.14 Written Laws (Miscellaneous Amendments) (No. 7) Act 2019 Amendment of section 34 - 68
AI-assisted research summary: This provision amends section 34 of the principal Act and adds section 38A.
68. The principal Act is amended in section 34- (a) in subsection (2), by deleting the word “Minister” and substituting for it the word ‘President”; and (b) in subsection (4), by deleting the words “or as may from time to time be determined by the Board of Directors with approval of the Minister”. Addition of section 38A - 69
AI-assisted research summary: This section amends the principal Act by inserting a new provision after section 38.
69. The principal Act is amended by adding immediately after section 38 the following: “Power of Authority to make rules Cap. 298 - 38A Verify source ↗
The Authority may, with
AI-assisted research summary: The Authority may make general rules about employees’ conditions of service, but only with the Minister’s approval.
38A. The Authority may, with the approval of the Minister, make general rules relating to the conditions the of service of employees of Authority consistent with the Public Service Act.”. Amendment of section 44 - 70
AI-assisted research summary: This provision amends section 44(1) of the principal Act by changing wording in the regulations clause to refer to “prescribing categories of ports.”
70. The principal Act is amended in section 44(1), by deleting the words ‘for the” appearing immediately after the word “regulations” and substituting for them the words “prescribing categories of ports”. Amendment of section 47 - 71
AI-assisted research summary: This section amends section 47 and states that the master or owner of a vessel that contravenes the section commits an offence.
71. The principal Act is amended in section 47, by- (a) deleting the words “an inland waterways port” wherever they appear in subsections (1) and (2) and substituting for them the words “the port”; and (b) deleting subsections (3) and (4) and substituting for them the following: “(3) The master or owner of a vessel that contravenes this section commits an offence and shall on conviction, be liable to a fine of not less than ten thousand USD but not its exceeding equivalent to imprisonment for a term of not less than one year but not exceeding two years or to both.” fifty thousand USD or in Tanzania shillings or Addition of section 85A - 72
AI-assisted research summary: The principal Act is amended by adding a new section after section 85 titled “Limitation in legal proceedings.”
72. The principal Act is amended by adding immediately after section 85 the following: “Limitation in legal proceedings - 85A Verify source ↗
Where any action or other
AI-assisted research summary: A plaintiff or agent must serve written notice on the Director General and wait at least one month before starting an action or legal proceeding against the Authority.
85A. Where any action or other legal proceeding is commenced against the Authority for any act done in pursuance or 31 No.14 Written Laws (Miscellaneous Amendments) (No. 7) Act 2019 execution, or intended execution, of this Act or of any public duty or authority, or in respect of any alleged neglect or default in the execution of this Act or of any such duty or authority, the action or legal proceeding shall not be commenced against the Authority until at least one month after written notice containing the particulars of the claim, and of intention to commence the action or legal proceeding, has been served upon the Director General by the plaintiff or his agent.”. Addition of section 90A - 73
AI-assisted research summary: This section adds a restriction on execution against the property of the Authority.
73. The principal Act is amended by adding immediately after section 90 the following: “Restriction on execution against property of Authority - 90A Verify source ↗
Section 90A
AI-assisted research summary: The Authority must pay out of its revenue any amounts awarded against it to the person entitled to them, when a judgment or order has been obtained.
90A. against Notwithstanding any provision to the contrary in any written law, where a judgment or order has been obtained the Authority, no execution or attachment or process in the nature thereof shall be issued against the property or assets of the Authority or employee of the Authority but the Authority shall cause to be paid out of the revenue of the Authority such amounts as may, by the judgment or order, be awarded against the Authority to the person entitled thereto.”. Amendment of Schedules - 74 Verify source ↗
Construction
AI-assisted research summary: This section amends schedule wording in the principal Act, including a change from “once every two months” to “quarterly every year” and two other text substitutions.
74. The principal Act is amended- (a) in the First Schedule, by: (i) deleting the words “once every two months” appearing in paragraph 4(1) and substituting for them the words “quarterly every year”; (b) in the Second Schedule, by: (i) deleting the reference to section “2(2)” appearing immediately below the words “FIRST SCHEDULE” and substituting for it the reference to section “3A”; (ii) deleting the word “Nansio” appearing under Part II of the Inland Waterways Ports. 32 No.14 Written Laws (Miscellaneous Amendments) (No. 7) Act 2019 PART XI AMENDMENT OF THE PREVENTION OF TERRORISM ACT, (CAP. 19) Construction Cap. 19
Part
PART XI
- 75
AI-assisted research summary: This section says Part 75 is to be read together with the Prevention of Terrorism Act, and it notes an amendment of section 12.
75. This Part shall be read as one with the Prevention of Terrorism Act, hereinafter referred to as the “principal Act”. Amendment of section 12 - 76 Verify source ↗
Construction
AI-assisted research summary: This section amends section 12(5) of the principal Act by adding a new paragraph “(d) financing;” after paragraph (c) and renaming the old paragraph (d) as paragraph (e).
76. The principal Act is amended in section 12(5), by- (a) adding immediately after paragraph (c) the following: “(d) financing;”; for prohibition of proliferation (b) renaming paragraph (d) as paragraph (e). PART XII AMENDMENT OF THE REGISTRATION AND IDENTIFICATION OF PERSONS ACT, (CAP. 36) Construction Cap. 36
Part
PART XII
- 77
AI-assisted research summary: This section says this Part must be read together with the Registration and Identification of Persons Act.
77. This Part shall be read as one with the Registration and Identification of Persons Act, hereinafter referred to as the “principal Act”. Addition of section 19A - 78 Verify source ↗
Construction
AI-assisted research summary: This section amends the principal Act by adding a new section 19A after section 19.
78. The principal Act is amended by adding immediately after section 19 a new section 19A as follows: “Control of data G.N No.122 of 2008 The - 19A Verify source ↗
(1)
AI-assisted research summary: The National Identification Authority is the sole data controller for registration information, and people generally cannot use National Identification Database information unless they are data recipients and have Authority authorization.
19A.-(1) National Identification Authority established pursuant to the National Identification (Establishment) Instrument, 2008 shall be the sole data controller of all registration information of persons the mandate obtained pursuant conferred upon the Authority, and the Authority shall, for that matter, have powers to determine the purpose and manner of use and means of processing personal data by a data recipient of any registration information contained in the National Identification Database. to 33 No.14 Written Laws (Miscellaneous Amendments) (No. 7) Act 2019 (2) A person shall not possess, extract, replicate or otherwise use information contained in the National Identification Database unless- (a) that person is a data recipient; and (b) suchinformation is extracted, possessed, replicated or otherwise used upon obtaining authorization from the Authority. Any the provisions of (3) person who contravenes this section or fails to comply to any terms and conditions for use of information as provided by the Authority commits an offence and shall on conviction be liable to a fine of not less than one million shillings but not more than twenty million to imprisonment for a term of not less than six months but not exceeding two years or to both. shillings or (4) For the purpose of this section: ““Authority” means the National “data Identification Authority; means controller” Authority.”” the Passed by the National Assembly on the 12th November, 2019. STEPHEN KAGAIGAI Clerk of the National Assembly 34
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The Written Laws (Miscellaneous Amendments) (No. 7) Act, 2019
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