The Fire and Rescue Force (Amendment) Act, 2021
This section gives the Act’s short title: the Fire and Rescue Force (Amendment) Act, 2021.
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- Tanzania
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- The Fire and Rescue Force (Amendment) Act, 2021
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- en
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Statute overview
About this statute
This section gives the Act’s short title: the Fire and Rescue Force (Amendment) Act, 2021. This Part is to be read together with the Fire and the Rescue Force Act. This provision adds definitions for “Commission” and “voluntary firefighter.” This section amends the principal Act by replacing section 5(2)(f) and adding a new section 11A. The Act is amended to insert a new provision titled “Entitlement to carry and use arms.”
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Provisions of The Fire and Rescue Force (Amendment) Act, 2021
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Part
PART I
- 1 Verify source ↗
Short title
This section gives the Act’s short title: the Fire and Rescue Force (Amendment) Act, 2021.
1. This Act may be cited as the Fire and Rescue Force (Amendment) Act, 2021. PART II AMENDMENT OF THE FIRE AND RESCUE FORCE ACT, (CAP. 427) Construction Cap. 427 Amendment of section 3 Cap. 241
Part
PART II
- 2
This Part is to be read together with the Fire and the Rescue Force Act.
2. This Part shall be read as one with the Fire and the Rescue Force Act, hereinafter referred “principal Act”. to as - 3
This provision adds definitions for “Commission” and “voluntary firefighter.”
3. The principal Act is amended by inserting in following the its appropriate alphabetical order definitions: ““Commission” means the Commission established under section 4 of the Police Force, Tanzania Immigration Services Department and Prisons Service Commission Act; 4 No. 8 Fire and Rescue Force (Amendment) Act 2021 “voluntary firefighter” means any person who is ordered by the Minister pursuant to section 12 to fight fire and perform search and rescue service in accordance with the provisions of this Act;”. Amendment of section 5 - 4
This section amends the principal Act by replacing section 5(2)(f) and adding a new section 11A.
4. The principal Act is amended in section 5(2) by the deleting paragraph (f) and substituting for following: it “(f) keep and maintain a database regarding fire and rescue service information;”. Addition of section 11A - 5
The Act is amended to insert a new provision titled “Entitlement to carry and use arms.”
5. The principal Act is amended by adding immediately after section 11 the following: “Entitlement to carry and use arms - 11A
A fireman is entitled to carry and use arms when carrying out functions, duties, or powers under the Act.
11A. A fireman shall, when discharging his functions, duties or powers conferred to him under the Act, be entitled to carry and use arms.”. Amendment of section 13 - 6
This section amends section 13 to make misuse or concealment of fire hydrants or related water installations an offence, with fines and possible imprisonment.
6. The principal Act is amended in section 13, by- (a) deleting subsection (3) and substituting for it the following: “(3) Any person who- (a) uses a fire hydrant or other water supply or installation referred to in subsection (1), for any purpose other than that authorised by the Force; or (b) covers up, encloses, tampers or conceals a fire hydrant or other water supply or installation, commits an offence and shall be liable on summary conviction to a fine of not less than five hundred thousand shillings but not exceeding one million shillings or to imprisonment for a term not exceeding one year or to both.”; (b) adding immediately after subsection (4) the following: “(5) Where a person convicted of an is a subsequent this section offence under 5 No. 8 Fire and Rescue Force (Amendment) Act 2021 offender for a similar offence, such person shall be liable on summary conviction- (a) in the case of an offence under subsection (3), to a fine of not less than one million shillings but not exceeding five million shillings or to imprisonment for a term of not less than one year but not exceeding three years; and (b) in the case of an offence under subsection (4), to a fine of not less than three hundred thousand shillings but not exceeding one million shillings or to imprisonment for a term of not three months but not less exceeding one year.”; and than (c) renumbering subsection (5) as subsection (6). Amendment of section 14 - 7
This amendment replaces subsection 14(3) so that the Commission appoints assistant commissioners and officers at or above assistant inspector rank, while the Commissioner-General appoints officers below assistant inspector.
7. The principal Act is amended in section 14 by deleting subsection (3) and substituting for it the following: Amendment of section 19 “(3) The assistant commissioners and other officers of the rank of, or above assistant inspector of the Force shall be appointed by the Commission. (4) The officers of the Force of the rank below assistant inspector shall be appointed by the Commissioner-General.”. - 8
Section 19 is amended so the Commissioner-General may make orders for the general governance of the Force, subject to the Act and the Minister’s directions.
8. The principal Act is amended in section 19, by- (a) deleting the word “Regulations” appearing in the marginal note and substituting for it the word “Orders”; (b) deleting subsection (1); (c) designating the content of subsection (2) as section 19; and (d) deleting the content of section 19 as the substituting for it designated and following: “The Commissioner-General may, 6 No. 8 Fire and Rescue Force (Amendment) Act 2021 Amendment of section 22 subject to this Act and directions of the Minister, make orders for the general governance of the Force in relation to-”. - 9
Section 9 amends section 22 and requires the owner or operator of a building to give the Force a building plan for inspection and fire safety advice before a building permit is issued.
9. The principal Act is amended in section 22- (a) in the opening phrase of subsection (1), by deleting the words “more than twelve meters” and substituting for them the words “twelve meters and above,”; (b) in subsection (1), by deleting the word “or” appearing at the end of paragraph (b); (c) by adding immediately after paragraph (b) as amended the following: “(c) automatic fire sprinklers; or”; (d) by renaming paragraph (c) as paragraph (d); (e) by deleting subsection (2) and substituting for it the following: “(2) The owner or operator of any building shall provide a building plan to the Force for inspection and fire safety advice prior to issuance of building permit by the relevant authority.”; and (f) by deleting the words “subsections (1) and (3) and (2)” appearing in substituting for them the words “subsection (1)”. subsection Addition of sections 31A and 31B - 10
This section amends the principal Act by inserting text immediately after section 31; the excerpt only shows the headings “General penalty” and “Compounding of offences.”
10. The principal Act is amended by adding immediately after section 31 the following: “General penalty Compounding of offences - 31A Verify source ↗
A person who commits an
If a person commits an offence under the Act and no specific penalty is provided, conviction may lead to a fine, imprisonment for six months, or both.
31A. A person who commits an offence under this Act for which no specific penalty is provided, shall upon conviction, be liable to a fine of not less than two hundred thousand three shillings but not exceeding hundred to imprisonment for a term of six months or both. thousand shillings or the - 31B Verify source ↗
(1) Notwithstanding
The Commissioner General, or an authorised officer, may compound certain offences before court proceedings start if the offender admits the offence in writing, and the offender must then pay the ordered sum.
31B.-(1) Notwithstanding provisions of this Act relating to penalties, where a person admits in writing that he has committed an 7 No. 8 Fire and Rescue Force (Amendment) Act 2021 under this Act, the offence Commissioner General or any officer of the force authorised by him in writing may, subject to the regulations made under subsection (7), 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 one half of the amount of the fine to which such person would otherwise have been liable to pay if he had been convicted of such offence. (2) Where a person fails to comply with the compounding order issued under this section within the prescribed period, the Commissioner General or an officer of the Force authorised by him may, in addition to the sum ordered, require the person to pay an interest at the rate prescribed in the regulations. (3) Where a person fails to comply with subsection the Commissioner General may enforce the compounding order and interest accrued thereof in the same manner as a decree of a court. (2), (4) The Commissioner General shall submit quarterly report of all compounded offences under this section the Director of Public Prosecutions. to (5) Any moneys charged under this section shall be paid into the the Consolidated Fund Government Payment System. Electronic through 8 No. 8 Fire and Rescue Force (Amendment) Act 2021 Amendment of section 32 by- (6) Where in is an offence compounded accordance with subsection (1) and proceedings are brought against the offender for the same offence, it shall be a good defence for the offender to prove to the satisfaction of the court that the offence with which the offender is charged has been compounded under subsection (1). (7) The sum to be charged for every compoundable offence, forms and manner of compounding of offences shall be as prescribed in the regulations made under this Act.”. - 11 Verify source ↗
Construction
This provision amends section 32 of the principal Act by adding new matters about auxiliary fire units and fire dealers, and by renaming two paragraphs.
11. The principal Act is amended in section 32, (a) adding immediately after paragraph (g) the following: “(h) registration or deregistration of auxili- (i) ary fire units and fire dealers; suspension or cancelation of certificate of registration; (j) operations of auxiliary fire units and fire dealers; (k) procedures for appeal; (l) procedure for submission to the Force the statistics from auxiliary fire units and fire dealers;”; and (b) renaming paragraphs (h) and (i) as paragraphs (m) and (n) respectively. 9 No. 8 Fire and Rescue Force (Amendment) Act 2021 PART III CONSEQUENTIAL AMENDMENTS (a) The Police Force, Tanzania Immigration Services Department and Prison Service Commission Act, (Cap. 241) Construction Cap. 241 General amendments
Part
PART III
- 12
This Part is to be read together with the Police Force, Tanzania Immigration Services Department and Prison Service Commission Act, called the principal Act.
12. This Part shall be read as one with the Police Force, Tanzania Immigration Services Department and Prison Service Commission Act, hereinafter referred to as the “principal Act”. - 13 Verify source ↗
Construction
This section amends the principal Act by replacing several references to police, immigration, and prisons bodies and officers with updated references that include the Fire and Rescue Force.
13. The principal Act is amended generally by- (a) deleting the words “the Police Force, Immigration and Prison Service” appearing in the long title and substituting for them the words “the Police Force, Prisons Service, Fire and Rescue Force and Immigration”; (b) deleting the words “the Police Force, Tanzania Immigration Services Department and Prisons Service” wherever they appear in the Act and substituting for them the words “the Police Force, Prisons Service, Fire and Rescue Force and Tanzania Immigration Services Department”; (c) deleting the words “the police, immigration and prisons officers” wherever they appear in the Act and substituting for them the words “the police, prisons, fire and rescue and immigration officers”; (d) deleting the words “the police, immigration or prisons officer” wherever they appear in the Act and substituting for them the words “the police, prisons, fire and rescue or immigration officers”; and (e) deleting the words “Inspector General of Police, Commissioner-General of Immigration and Principal Commissioner of Prisons” wherever the Act and substituting for them the words “Inspector they appear in 10 No. 8 Fire and Rescue Force (Amendment) Act 2021 General of Police, Principal Commissioner of Prisons, Commissioner-General of Fire and Rescue of Immigration”. and Commissioner-General Amendment of section 2 - 14
The Act adds a definition: “fire and rescue officer” includes a fire officer and a fireman.
14. The principal Act is amended in section 2 by adding in the appropriate alphabetical order the following definition: ““fire and rescue officer” includes a fire officer and a fireman;”. Amendment of section 4 by- - 15 Verify source ↗
Amendment of section 2
This provision amends section 4(2) of the principal Act by adding new Fire and Rescue Force-related titles and renaming some existing paragraphs.
15. The principal Act is amended in section 4(2), (a) inserting immediately after paragraph (e) the following: “(f) Commissioner-General of Fire and Rescue Force;”; (b) inserting immediately after paragraph (n) the following: “(o) Commissioner of Fire and Rescue Administration and Finance;”; (c) inserting immediately after paragraph (p) the following: “(q) Deputy Commissioner of Fire and Rescue Legal;”; and (d) renaming paragraphs (f) to (o) as paragraphs (g) to (r) respectively. (b) The Employment and Labour Relations Act, (Cap. 366) Construction Cap. 366 - 16
This Part is to be read together with the Employment and Labour Relations Act (the principal Act), and it begins an amendment of section 2.
16. This Part shall be read as one with the Employment and Labour Relations Act, hereinafter referred to as the “principal Act”. Amendment of section 2 by- - 17 Verify source ↗
Construction
This section amends section 2(1) of the principal Act by changing punctuation and wording and adding a new paragraph for “the Fire and Rescue Force.”
17. The principal Act is amended in section 2(1), (a) deleting the word “or” appearing at the end of paragraph (iii); (b) deleting a full stop appearing at the end of it a paragraph (iv) and substituting for 11 No. 8 Fire and Rescue Force (Amendment) Act 2021 semicolon and the word “or”; and (c) adding immediately after paragraph (iv) the following: “(v) the Fire and Rescue Force.”. Passed by the National Assembly on the 6th September, 2021. NENELWA J. MWIHAMBI Clerk of the National Assembly 12
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