Tanzania Act or statute

Parliament of Tanzania

The Written Laws (Miscellaneous Amendment s) Act, 2010

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Jurisdiction: Tanzania
Structure: 43 provisions
Citation: The Written Laws (Miscellaneous Amendment s) Act, 2010
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Purpose and legislative effect

“This section says the written laws listed in the Act are amended as set out in their respective Parts.”

This section says the written laws listed in the Act are amended as set out in their respective Parts. This section says the Part must be read together with the Criminal Procedure Act and amends section 128 by replacing “police officer” with “a public prosecutor” in subsection (6). This section adds a new section after section 129, but the provided text is incomplete and does not state the new rule. A public prosecutor may institute criminal proceedings or draw and sign formal charges in court. This provision amends section 353 of the principal Act by inserting the words or phrase “or intended to be” in specified places.

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Amendments of certain written laws

This section says the written laws listed in the Act are amended as set out in their respective Parts.

Section 2

The principal Act IS amended 11l the First Schedule by

The principal Act is amended by deleting paragraph 19 in the First Schedule.

Section 11

Deletion of the term "Land Division"

This section amends the principal Act by deleting the words “(Land Division)” wherever they appear.

Section 21

Amendment of section 4

This section changes section 4 of the principal Act by replacing paragraph (a) of subsection (1) with a new version.

Section 31

Amcndmcnt of section 29

This section amends section 29 of the principal Act, including a new rule that members of the Secretariat have a three-year tenure of office.

Section 39

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Showing 43 of 43 provisions

Amendment 19Provision 14Substitution 9Repeal

Part

PART I

§ 2Amendments of certain written lawsAmendment

This section says the written laws listed in the Act are amended as set out in their respective Parts.

2. The Wri tten Laws spec ified in various Part s or thi s Ac t arc amended in a manner prov ided for in th eir respec ti ve Parts. Amcnd menlor ccrl:1in \\ rittc ll laws 67 No.2 Wrillen Laws (Miscellaneolls Amendments) 2010 Constrll ~tioll Car·~o Amcnd mcnt of sc~tion 12X Addition or scction 129A Am~lld mcnt or scctlon J5J PART II Af\II:N()f\1ENT OF TilE CRIMINAl. PROCEDIJRE Acr

Section 2Verify source

Part

PART II

§ 3ConstructionSubstitution

This section says the Part must be read together with the Criminal Procedure Act and amends section 128 by replacing “police officer” with “a public prosecutor” in subsection (6).

3. This Part shall be read as one with the Criminal Procedure Act. hereinafter referred to as "the principal AcC'. .t. The principal Act is amended in section 128 by deleting the designation "police officer" which appears in subsection (6) and substituting for it the phrase "a public prosecutor".

Section 3Verify source

§ 5Addition of section 129AAmendment

This section adds a new section after section 129, but the provided text is incomplete and does not state the new rule.

5. The principal Act is amended by adding the follo\ving new section aBer section 129: "Commc nccmcnt or rroc~e dings

Section 5Verify source

§ 129AA public prosecutor shall be a competentProvision

A public prosecutor may institute criminal proceedings or draw and sign formal charges in court.

129A. A public prosecutor shall be a competent person to institute criminal proceeding or draw and sign formal charges in the court of law."

Section 129AVerify source

§ 6Amendment of section 353Amendment

This provision amends section 353 of the principal Act by inserting the words or phrase “or intended to be” in specified places.

6. Section 353 of the principal Act is amended - (a) (b) (c) ill subsection (I), by inserting the words "01' intended to be" between the words "been" and "tendered"~ inserting the words ., or \\lords "becn" and in subsection (2). by intcnded to be" between thc "tendered": and in subsection (3). by inscl1ing the phrase "or intcnded to bc" between the words "evidencc" and "in cri m i nal." Addition orscctiPIl 395A

Section 6Verify source

§ 7Addition of section 395AAmendment

The principal Act is amended by adding a new provision after section 395.

7. The principal Act IS amended by adding the following provision aftcr section 395: "SexlIlIl of/ender's indeces

Section 7Verify source

§ 395AFor the purposc of cnforcemcnt of sexualAmendment

The Minister may make rules for a computerized DNA database system used for enforcing sexual offences under the Penal Code.

395A. For the purposc of cnforcemcnt of sexual offcnces prcscribed under the Penal Code. the Minister may makc rules for kceping computerized DNA database system containing indiccs of DNA profilcs for a crime ~ scene index, missing or unidentified sexual oftenders' index. indcx, un identi fled deceased persons' i nclex and any other statistical indeces which may bc necessary within the circumstances." sexual offenders' suspects' index. 68 No.2 JYriflen Laws (A1iscellanevus Amendments) 2010 Constru ction Cap 315 Amend ment of the Schedule PART III AMENDMENT OF TilE COLl.ECiE OF BUSINESS EDUCATION ACT

Section 395AVerify source

Part

PART III

§ 8ConstructionProvision

This section says this Part must be read together with the College of Business Education Act.

8. This Part shall be read as one \vith the College of Business Education Act. hereinafter referred to as ""the principal Acf'.

Section 8Verify source

§ 9Amendment of the ScheduleSubstitution

This section amends the Schedule to the principal Act by deleting paragraph I and replacing it with a new paragraph.

9. The Schedule to the principal Act is amended by deleting paragraph I and substituting for it the following new paragraph: --Compo sition orlh~ Govcrni-ng Board

Section 9Verify source

§ 1( I) The Minister shall appoint a Chairman andAmendment

The Minister must appoint a Chairman and members of the Governing Board.

1.-( I) The Minister shall appoint a Chairman and members of the Governing Board. (2) The members of the Governing Board shall inc lude- (a) (b) (c) (d) (e) (f) the Chairman~ the officer in-charge of tnllnll1g in the Ministry responsible for commerce: a representative of the National Board of Accountants and Auditors~ a representative of the I nstitute of finance Management: three other members to be appointed by the Minister~ and the Director of the College who shall be the Secretary." PARTlY AMENDMENT OF TilE ECONOMIC AND ORGANISED CRIMI-: CONTROL ACT Constru ction Cap. 200 Amend ment of the First Schedule

Section 1Verify source

Part

Schedule

§ 10ConstructionProvision

This Part must be read together with the Economic and the Organized Crime Control Act, which is called the principal Act.

10. This Part shall be read as one with the Economic and the Organized Crime Control Act. hereinafter referred "principal Act". to as

Section 10Verify source

§ 11The principal Act IS amended 11l the First Schedule byAmendment

The principal Act is amended by deleting paragraph 19 in the First Schedule.

11. The principal Act IS amended 11l the First Schedule by deleting paragraph 19. 69 No.2 Wrillen Lenv.\' (A1i.\'cellaneous Amendment.\) 2010 Constru ction Cap.366 Amcnd mcnt of scction ·12 Constru ction Cap.36X Addition ofscction 15/\ PARTY AMENDMENT OF Tilt: EMPI.OYMENT AND L:\BOllR REI.ATIONS ACT

Section 11Verify source

§ 12ConstructionProvision

This Part is to be read together with the Employment and Lahour Relations Act, and the Act is referred to here as the principal Act.

12. This Part shall be read as one with the Employment and Lahour Relations Act. hereinafter referred to as "the principal Act".

Section 12Verify source

§ 13Amendment of section 42Amendment

This section amends section 42 of the principal Act by adding a new paragraph about employees who have reached retirement age or whose service contract has ended with time.

13. The principal Act is amended in section 42 by adding immediately after paragraph (b) of subsection (3) the following new paragraph: "( c) to an employee who attains the age of retirement or an employee whose contract of service has expired or ended by reason of time." PARTYI AMENDMENT OF TIlE EXTRADITION ACT

Section 13Verify source

§ 14ConstructionProvision

This section says this provision must be read together with the Extradition Act, which is referred to as the principal Act.

14. This Pal1 shall be read as one with the Extradition Act. herein referred to as "the principal Ace'.

Section 14Verify source

§ 15Addition of section 15AAmendment

This provision amends the principal Act by adding a new section after section 15 titled “Filing of applications.”

15. The principal Act is amended by adding the following new section after section 15: "Filing of applicatio ns"

Section 15Verify source

§ 15AFor the purposes of the proceedings underAmendment

The prosecution must file a formal application in court for the necessary orders.

15A. For the purposes of the proceedings under this Part, the prosecutio'n shall file a formal application in court praying for necessary orders:' PART YII AMENDMENT OF TilE LAND ACT Constru ction Cap.113 Amcnd mcnt of scction 167 16 This Pari shall be read as one with the Land Act thereinafter referred to as ·'the principal Act". ,II ,~:

Section 15AVerify source

Part

PART YII

§ 17Amendment of section 167Amendment

This section amends section 167 of the principal Act by replacing paragraph (b) with “the High Court.”

17. The principal Act is amended in sedioll 167 by deleting paragraph (b) of subsection (1) and substitutill~ for it the following new paragraph: "(b) the High Court~". 70 .J No.2 Wrillen Laws (Miscellaneous Amendments) 2010 Constru ction Cap.216 Amend ment of section 2 PART VIII AMENDMENT OF THE LAND DISPUTES COllinS ACT

Section 17Verify source

Part

PART VIII

§ 18ConstructionProvision

This section says this part must be read together with the Land Disputes Courts Act, which is called the principal Act.

18. This part shall be read as one with the Land Disputes Courts Act hereinafter referred to as the principal Act.

Section 18Verify source

§ 19Amendment of st'Ction 2Repeal

This section amends the principal Act by replacing the definition and use of “High Court (Land Division)” with “High Court,” and by repealing and replacing section 51.

19. The principal Act is amended by deleting the- (a) definition of the term "High Court (Land Division)"' and· substituting for it the following definition: "High Court" means the High Court of Tanzania established by Article 108 of the Constitution of the United Republic"': (b) term "High Court (Land Division)"' wherever it appears in the Act and substituting for it with the term "High Court" (c) phrase "sitting with two assessors" which appears in section 39( I), Repculof section 51 20, The principal Act is amended by repealing section 51 and replacing for it the following- "Admissi bilityof evidence

Section 19Verify source

§ 51( I) I n the exercise of its jurisdiction. the II ighProvision

The High Court must apply the Civil Procedure Code and Evidence Act, and may accept evidence it considers worthy of belief. District Land and Housing Tribunals must apply the Regulations under section 56, and if those Regulations are inadequate, they must apply the Civil Procedure Code.

51.-( I) I n the exercise of its jurisdiction. the II igh Court shall apply the Civil Procedure Code and the Evidence Act and may, regardless of any other laws governing production and admissibility of evidence. accept such evidence and proof which appears to be worthy of belief. (2) The District Land and Housing Tribunals shall apply the Regulations made under section 56 and where there is inadequacy in those Regulations it shall apply the Civil Procedure Code.

Section 51Verify source

§ 21Deletion of the term "Land Division"Amendment

This section amends the principal Act by deleting the words “(Land Division)” wherever they appear.

21. The principal Act is amended by deleting the words "(Land Division)" wherever the words appear in the Act. . \ :1<: Deletion of-the term "Land Division" 71 No.2 Wrillen Laws (Miscellaneous Amendments) 2010 Constru ction Cap. 395 Amcnd m~nt or section 2 Amend ment or scction 6 ;\l11cI1d I11l.!nt or sect iOll 14A PART IX AMENDMENT or: THE NATIONAL HEALTII INSURANCE FUND ACT

Section 21Verify source

Part

PART IX

§ 2223Provision

This Part must be read together with the National Health Irl,sllrance Fund Act, referred to here as the principal Act.

22. This Part shall be read as one with the National Health Irl,sllrance Fund Act hereinafter referred to as "'the principal Act."

Section 22Verify source

§ 2324Amendment

Section 2 of the principal Act is amended by removing paragraph (c) from subsection (1).

23. The principal Act is amended in section 2 by deleting paragraph (c) of subsection ( I ).

Section 23Verify source

§ 2425Amendment

The Director General holds office for five years and may be reappointed for one further five-year term.

24. The principal Act is amended in seCtion 6 by adding the following provision after subsection (4): "(5) The Director General shall hold office for a period of five years and shall be eligible for reappointment for a further period of five years:'

Section 24Verify source

§ 2526Amendment

This section amends the principal Act by deleting section 14A and replacing it with a new section titled “Cessation of membership”.

25. The principal Act is amended by deleting section 14A and sllbstituting for it the following new section: "Cessation of member ship

Section 25Verify source

§ 14AMembership of a mcmber shall cease whereAmendment

A member’s membership ends if certain circumstances occur, including death, termination from employment, or missing fund contributions for three consecutive months.

14A. Membership of a mcmber shall cease where one of the- following circumstances occurs:' (a) (b) (c) (d) death~ term ination from cm ployment~ failure to contribute to thc fund for threc consecutive months~ and any other circumstance which in the opinion of the Board shall be considered as a factor for cessation of membership." Amend ment of section 33

Section 14AVerify source

§ 2627Substitution

This provision amends section 33 of the principal Act and requires certain Fund investments to follow Bank of Tanzania guidelines.

26. The principal Act is amended in section 33 by- (a) deleting the word "'eight" appearing in paragraph (b) and substituting for it the word "'fifteen"~ and (b) deleting paragraph (d) alid substituting for it the following new paragraphs: .,( d) that any investment of the Fund shall be for short or long term investment aimed at improving the provision of health services to its members orto the,general public: 72 No.2 Wrillen Laws (Miscellaneous Amendments) 2010 (e) that any such investment shall be made subject to guidelines issued by the Bank of Tanzania," Amend ment of section 37

Section 26Verify source

§ 27Construct ionSubstitution

This section amends section 37(2) of the principal Act by replacing the word “Board” with “the Controller and Auditor General.”

27. The principal Act is amended in section 37 (2) by deleting the word "Board" appearing between the words "the" and "hom" and substituting for it a designation ·'the Controller and Auditor General." PART X A~IEN[)MENT (>I- TilE T t\NZt\NIt\ PASSPORTS AND TRt\ VEL DOCUMENTS ACT Constru ction CapA1

Section 27Verify source

Part

PART X

§ 2MThis Part shall be read as one \vith the Tanzania PassportsAmendment

This Part is to be read together with the Tanzania Passports and Travel Documents Act.

2M. This Part shall be read as one \vith the Tanzania Passports and Travel Documents Act, hereinafter refereed to as "the principal Act". Amend ment of the Second Scheduk Constru ction Cap 308 Amend ment of section 0'

Section 2MVerify source

§ 29Amendment of the Second ScheduleAmendment

This section amends the Second Schedule of the principal Act by adding a new item after item (f) and renumbering later items.

29. The Second Schedule to the principal Act is amended by: "(g) (a) adding immediately after, item (f) the following new item- the State Attorney as defined under the Attorney ! I by re-arranging items "(gr' to "(t)" as items "(h)" to .,( u)", Cap.16X General (Discharge of Duties) Act." (b) PART XI AMENDMENT OF THE SEEDS ACT

Section 29Verify source

Part

PART XI

§ 30ConstructionProvision

This Part must be read together with the Seeds Act.

30. This Part shall be read as one \\lith the Seeds Act. hereinafter referred to as "the principal Act:'

Section 30Verify source

§ 31Amendment of section 4Substitution

This section changes section 4 of the principal Act by replacing paragraph (a) of subsection (1) with a new version.

31. The principal Act is amended in section 4 by deleting paragraph (a) of subsection (1) and substituting for it the follow,il)g new paragraph- "(a) the Chairman appointed by the Minister among persons not holding any political post or Chief Executives of the Govern m ent." ~ PART XII AMENDMENT OF TilE UNIT Trn.r:s ACT Construct ion Cap. ·l16

Section 31Verify source

Part

PART XII

§ 32ConstructionProvision

This Part must be read together with the Unit Titles Act, which is called the principal Act here.

32. This Part shall be read as one with the Unit Titles Act hereinafter referred'to as "the principal Act", 73 No.2 Wrillen Laws (A1iscel/aneolls Amendments) 20tO ;\l1l~ndm~nt or section 70

Section 32Verify source

§ 33Amendment of section 70Substitution

This provision amends the principal Act by deleting section 70 and replacing it with new text.

33. Thc principal Act is atnended by deleting section 70 and substituting for it the following: ··Liti!!:t- tion

Section 33Verify source

§ 70Notwithstanding the provisions of sectionProvision

This fragment says “Notwithstanding the provisions of section …” but does not include the actual rule.

70. Notwithstanding the provisions of section

Section 70Verify source

§ 69where n1ediation has failed, the aggrieved partyProvision

If mediation has failed, the aggrieved party may bring a case in the High Court or the District Land and Housing Tribunal.

69. where n1ediation has failed, the aggrieved party t11ay institute a case in thc High Court or the District Land and I-lousing Tribuna\." PART XIII Ar-.1ENDMENT OF TilE VII.LAG!: LAND ACT Constru I.:tion Cap.II .• ;\lllendl1l~nt ors~ction 2

Section 69Verify source

Part

PART XIII

§ 34ConstructionProvision

This section says Part 34 is to be read together with the Village Land Act, which is referred to as the principal Act.

34. This Part shall be read as one with the Village Land Act hereinafter referred to as .. the principal Act".

Section 34Verify source

§ 35Amendment of scction 2Amendment

This section amends section 2 of the principal Act by removing the words “the Land Division of” from the definition of “Court” and from other places where those words appear.

35. The principal Act is at11ended in section 2 by deleting the words ""the Land Division of' appcaring in the definition of the tenn '''Court'' and wherever the words appears in the Act. ;\Jll~ndml.!nt or section 62

Section 35Verify source

§ 36Amcndment of section 62Substitution

Section 62(2)(b) of the principal Act is amended so that paragraph (b) now reads: “the High Court.”

36. The principal Act is atncnded in section 62 by deleting paragraph (b) of subsection (2) and substituting for it the following new paragraph: "(b) the High Court:". PART XIV AMENDl\lENT OF TilE PUBLIC SERVICE ACT Construction Cap. 29X ;\I1lCndl11~l1t o(scction X

Section 36Verify source

Part

PART XIV

§ 37ConstructionProvision

This Part must be read together with the Public Service Act.

37. This Part shall be read as one with the Public Service Act hereinafter referred to as thc "principal Ace.

Section 37Verify source

§ 38Amendment of section 8Substitution

This section amends section 8(3)(f) of the principal Act by correcting two words in subparagraphs (i) and (ii).

38. The principal Act is atnended in scction 8(3)(f) by dcleting- (a) the word ·'arisc" which appears in subparagraph (i) and substituting il)r it the word "ariscs"; and (b) thc word "for" which appears in subparagraph (ii) and substituting for it the words "in the". 7-1 No.2 H'rillen LUll'S (A4iscellaneolls Amendments) 20IU Amendment or seclion 29

Section 38Verify source

§ 39Amcndmcnt of section 29Substitution

This section amends section 29 of the principal Act, including a new rule that members of the Secretariat have a three-year tenure of office.

39. The principal Act is atnended in section 29 hy- (a) inserting the word "retired"' hetween the words "amongst'" and "puhlic" which appear in paragraph (b) of subsection ( 1 ): (b) deleting the \\'ord "'Minister" which appears in suhsection (3) and substituting for it the word "PresidenC: (c ) hy- (i) inserting a new suhsection (4) as follows: .. ( 4) Tenure of office for men1bcrs of the Secretariat shall he three years.": (ii) the renumbering subsection (4).(5). (6) and (7) as subsections (5), (6). (7) and (8): and eXisting (d) inserting the words '''rules of" hetween tll"~ \\'ol"ds ""make" and '''procedures'' which appear in subsection 8 as rcnlllnbered. Passed in the National Assembly on the 28 th January, 2010. OK. TII( >MAS D. KASI "1."_~11. Clerk (?(the National Assemhly I! 'ir;- : : j,.., I; 75 ~ ~ , . ~ ~ ~ , -, ! ~ ~ ~ ~ ~ f I"

Section 39Verify source

Legislative relationships

7 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

1 instrument

Business Education Act
Section 8

G–M

1 instrument

ment of the Schedule PART III AMENDMENT OF TilE COLl.ECiE OF BUSINESS EDUCATION ACT
Section 395A

N–S

4 instruments

principal Act
Sections 6, 13, 15, 17, 19, 21, 25, 27, 33, 35, 38
Schedule This section amends the Schedule to the principal Act
Section 9
Second Schedule This section amends the Second Schedule of the principal Act
Section 29
Secretariat have a three-year tenure of office. 39. The principal Act
Section 39

T–Z

1 instrument

Tanzania guidelines. 26. The principal Act
Section 26

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The Written Laws (Miscellaneous Amendment s) Act, 2010

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