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Parliament of Tanzania

The Written Laws (Miscellaneous Amendments) (No.2) Act, 2010

This section provides the short title and indicates that it amends certain laws. This section identifies Part IV as an amendment to the Capital Markets and Securities Authority Act, Cap. 79. This…

accounts and expenditure controladministrative referencesamendmentamendments to criminal penaltiesaviationBanking and financebanking regulationboard/representative compositioncapital marketscompliancecontractscorporate powerscourt procedurecriminal procedurecross-referencedispute resolutionemployment complianceenforcementfinancial leasingfinancial oversightfinancial regulationgovernancegovernment fundinggovernment powersincorporation by referenceinvestmentlegislationlegislation amendmentlegislation updatelegislative amendmentmerchant shippingnewspapersperformance contractsproperty managementpublic administrationpublic corporation oversightpublic financepublic service employmentpublic service retirement benefitspublishingregulatory authorityremunerationsecuritiesshippingstaff employmentstaff managementstatutory amendmentstatutory cross-referencestatutory interpretationstatutory revision
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Tanzania
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61 provisions
Citation
The Written Laws (Miscellaneous Amendments) (No.2) Act, 2010
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01

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“This section provides the short title and indicates that it amends certain laws.”

This section provides the short title and indicates that it amends certain laws. This section identifies Part IV as an amendment to the Capital Markets and Securities Authority Act, Cap. 79. This section is a heading indicating an amendment to section 6 of the Criminal Procedure Act. This section is a heading for an amendment to the First Schedule and a part on amendments to the Financial Leasing Act. This section is titled as an amendment to section 22 of the Merchant Shipping Act.

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Section 2

This section provides the short title and indicates that it amends certain laws.

Section 2

The principal Act is amended in section 57 by

This section amends section 57 so the court may sit with at least three assessors in some cases, must present the evidence and get the assessors’ oral opinions, and is not required to follow those opinions.

Section 16

(1) All disputes originating from the

This provision reallocates pending disputes and references to the proper court or authority, gives the Commission power to mediate and arbitrate certain disputes, and sets a temporary application period with possible extension.

Section 13

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Showing 61 of 61 provisions

Amendment 24Substitution 17Provision 13Repeal 3
§ 2Section 2Short title

This section provides the short title and indicates that it amends certain laws.

2. Title Short title. Amendment o f certain laws. PART II A m e n d m e n t o f t h e B a n k o f T a n z a n i a A c t , C a p . 197 Construction. Amendment o f section 9. A m e n d m e n t o f t h e B a n k i n g a n d F i n a n c i a l I n s t i t u t i o n s A c t , C a p . 342 PART III Constructions. Amendment o f section 37.
Section 2Verify source

Part

PART III

§ 6Section 6Amendment

This section identifies Part IV as an amendment to the Capital Markets and Securities Authority Act, Cap. 79.

6 . PART IV A m e n d m e n t O f t h e C a p i t a l M a r k e t s a n d S e c u r i t i e s A u t h o r i t y A c t , C a p . 79 Construction. 1 No. 11 Written Laws (M iscellaneous Am endm ents) (No.2)_____ 2010
Section 6Verify source
§ 5This Part shall be read as one with the Banking andProvision

This section says this Part must be read together with the Banking and the Institutions Act, which is called the principal Act.

5. This Part shall be read as one with the Banking and the Institutions Act, hereinafter referred to as Financial “principal Act” . A m en d m en t o f section 37
Section 5Verify source
§ 6The principal Act is amended in subsection (3) ofSubstitution

This section changes section 37(3) by replacing paragraph (b) with a requirement for one representative responsible for finance in the United Republic.

6. The principal Act is amended in subsection (3) of section 37 by deleting paragraph (b) and substituting for it th*- fol lowing: “(b) one representative responsible for finance in United Republic;.” from the Ministn the Government o f th: PART IV A m e n d m e n t o f t h e C a p i t a l M a r k e t s a n d S e c u r i t i e s A u t h o r i t y A c t . C a p . 7 9 C onstruction Cap. 79
Section 6Verify source

Part

PART IV

§ 8Section 8Amendment

This section is a heading indicating an amendment to section 6 of the Criminal Procedure Act.

8 . Amendment o f section 6 . PART V A m e n d m e n t o f t h e C r i m i n a l P r o c e d u r e A c t , C a p . 2 0 Construction.
Section 8Verify source
§ 7This Part shall be read as one with the CapiiAmendment

This section says this Part must be read together with the Capii- Markets and Securities Authority Act, which is referred to as the principal Act.

7. This Part shall be read as one with the Capii- Markets and Securities Authority Act. hereinafter referred as the “principal Act”. Amendment o f section 6
Section 7Verify source
§ 8The principal Act is amended in subsection (3Substitution

This provision amends section 6(3) of the principal Act by deleting paragraph (c) and replacing it with new wording about a representative responsible for finance in the United Republic.

8 . The principal Act is amended in subsection (3 section 6 by deleting paragraph (c) and substituting for following: *. ~ - “(b) one representative responsible for finance in the United Republic;.” from the Mirj i r ­ the Govemme 6 No. 11 Written Laws (M iscellaneous Am endm ents) (No.2) 2010 PART V A m e n d m e n t o f t h e C r i m i n a l P r o c e d u r e A c t , C a p . 2 0 C onstruction Cap. 20 A m en d m en t o f First S ch ed u le
Section 8Verify source

Part

PART V

§ 10Amendment o f First ScheduleAmendment

This section is a heading for an amendment to the First Schedule and a part on amendments to the Financial Leasing Act.

10. Amendment o f First Schedule. PART VI A m e n d m e n t o f t h e F i n a n c i a l L e a s i n g A c t , C a p . 4 1 7 Construction. 1 1 .
Section 10Verify source
§ 9This Part shall be read as one with the CriminalProvision

This Part must be read together with the Criminal Procedure Act.

9. This Part shall be read as one with the Criminal Procedure Act. hereinafter referred to as the ‘'principal Act".
Section 9Verify source
§ 10The principal ActSubstitution

This section amends parts of the principal Act and mentions an amendment to section 22 of the Financial Leasing Act.

10. The principal Act the First columns 4 and 5 o f section 6 6 Schedule by deleting appearing under PART VIII and substituting for them the following: is amended in 4 Punishm ent Life imprisonment 5 Court High Court PART VI A m e n d m e n t o f t h e F i n a n c i a l L e a s i n g A c t , C a p . 417 C onstruction Cap. 4 17 A m end m en I of se ctio n 22
Section 10Verify source

Part

PART VI

§ 12Amendment o f section 22Amendment

This section is titled as an amendment to section 22 of the Merchant Shipping Act.

12. Amendment o f section 22. PART VII A m e n d m e n t o f t h e M e r c h a n t S h i p p i n g A c t , C a p . 1 65 Construction.
Section 12Verify source
§ 11This Part shall be read as one with the FinancialProvision

This Part is to be read together with the Financial Leasing Act, called the principal Act.

11. This Part shall be read as one with the Financial Leasing Act, hereinafter referred to as the “principal Act”.
Section 11Verify source
§ 12The principal Act is amended in section 22 bySubstitution

Section 22 is amended so that the Governor of the Bank of Tanzania may act after consulting the Minister.

12. The principal Act is amended in section 22 by deleting the words “Minister may” and substituting for it the phrase “Governor o f the Bank o f Tanzania may after consultation with the Minister”. PART VII A m e n d m e n t o f t h e M e r c h a n t S h i p p i n g A c t , C a p . 165 C onstruction Cap. 165 A m en d m en t o f section * 341
Section 12Verify source

Part

PART VII

§ 14Amendment o f section 3 4 1Amendment

This section is an amendment heading for section 341 of the Newspapers Act, Cap. 229.

14. Amendment o f section 3 4 1. PART VIII A m e n d m e n t O f t h e N e w s p a p e r s A c t , C a p . 2 2 9
Section 14Verify source
§ 13Section 13Provision

This Part is to be read together with the Merchant Shipping Act, which is called the principal Act.

13. This Part shall be read as one with the Merchant Shipping Act hereinafter referred to as the “ principal Act” .
Section 13Verify source
§ 14The principal Act is amended in section 341 byAmendment

This amendment adds a new subsection making a person who does the acts listed in subsection (1) guilty of piracy and liable to life imprisonment on conviction.

14. The principal Act is amended in section 341 by- (a) adding immediately after sub-section (2 ) the following new sub-section: “(3) A person who does any o f the acts referred to under subsection ( 1) 7 No. 11 Written Laws (M iscellaneous Am endm ents) (No. 2) 2010 commits an offence o f piracy and shall to upon . imprisonment for life."; conviction liable be (b) renumbering subsection “(3)” as sub-section (4). PART VIII A m e n d m e n t o f t h e N e w s p a p e r s A c t . C a p . 2 2 9 C onstruction Cap. 2 2 9
Section 14Verify source

Part

PART VIII

§ 16Section 16Amendment

This section is a construction note about amending section 57 in Part IX of the Penal Code.

16. Construction. Amendment o f section 57. PART IX A m e n d m e n t s o f t h e P e n a l C o d e , C a p . 16
Section 16Verify source
§ 15Section 15Provision

This section says the Part must be read together with the Newspapers Act.

15. This Part shall be read as one with the Newspapers Act. hereinafter referred to as the “ principal Act”. A m en d m en t o f section 57
Section 15Verify source
§ 16The principal Act is amended in section 57 bySubstitution

This section amends section 57 so the court may sit with at least three assessors in some cases, must present the evidence and get the assessors’ oral opinions, and is not required to follow those opinions.

16. The principal Act is amended in section 57 by deleting subsections " (I),” “(2)” and “(3)” and substituting for them the following: “ (1) The Court may, where- (a) ends o f justice so require: and (b) the matter before attracting nature assessors. it the is o f the aid of on its own motion or upon application by cither o f the parties, sit with not less than three competent assessors and the case shall be tried in the manner prescribed in this section. (2) Where the court sits with assessors and when the ease on both sides is closed, the court shall— (a) (b) sum up the evidence for both parties to the assessors; require each o f the assessors to state his opinion orally as to the case against the defendant and a> to any specific question o f fa. addressed to hirq by the cour. and rccord such opinion. (c) (3) In deciding any proceedings 8 No. 11 Written Laws (Miscellaneous Am endm ents) (No. 2)_____ 2010 w h i c h t h e p r o v i s i o n s o f S u b s e c t i o n s (1) a n d (2) a p p l y , t h e c o u r t s h a ll n o t b e b o u n d to c o n f o r m to t h e o p i n i o n s o f a s s e s s o r s . ” PART IX A m e n d m e n t o f t h e P e n a l C o d e , C a p . 16 C onstruction Cap. 16
Section 16Verify source

Part

PART IX

§ 19Section 19Amendment

This section is a construction heading and indicates that section 6 is amended.

19. Construction. Amendment o f section 6 . Amendment o f section 6 6 . 2 No. 11 Written Laws (M iscellaneous Am endm ents) (No. 2) 2010 PART X A m e n d m e n t o f t h e P u b l i c C o r p o r a t i o n s A c t , C a p . 2 5 7
Section 19Verify source
§ 17This Part shall be read as one with the PenalProvision

This Part must be read together with the Penal Code, which is called the principal Act.

17. This Part shall be read as one with the Penal . Code, hereinafter referred to as the "principal Act*'. A m en d m en t o f sectio n 6
Section 17Verify source
§ 18The principal Act is amended by repealingRepeal

This section amends the principal Act by repealing section 6 and replacing it with a new section.

18. The principal Act is amended by repealing section 6 and substituting for it the following new section: “Extentof I oca ^courts01
Section 18Verify source
§ 6(l) The jurisdiction o f the CourtsAmendment

This section says the courts’ jurisdiction extends to territorial waters, offences by Tanzanian citizens outside Tanzania, offences on Tanzania-registered aircraft, and offences on the high seas.

6 .-(l) The jurisdiction o f the Courts Tanzania for the purposes o f this Code extends to- (a) (b) (c) (d) (2) the every placc -and within territorial waters: any olTcncc committed by a in any citizen o f Tanzania placc outside Tanzania; any offence committed by any person on an aircraft registered in Tanzania; and offences committed by any person on the high seas. For the purposes o f this section the term “high seas" means the open seas of the world outside the jurisdiction of any state/’ Amendment o f section 66
Section 6Verify source
§ 19The principal Act is amended by repealingCommencement

This section defines piracy, creates a piracy offence, sets a life-imprisonment penalty, and limits when prosecutions may start.

19. The principal Act is amended by repealing the following new section 6 6 and substituting for it section: "Piracy 6 6 .-( 1) A person who- (a) does any act o f violence or detention, or any act o f degradation, committed for 9 No. 11 Written Laws (M iscellaneous Am endm ents) (No.2) 2010 private ends by the crew or the passengers o f a private ship or a private aircraft, and directed- (i) (b) (ii) such against another ship or aircraft, against or persons or property on board ship or aircraft; or against a ship, aircraft, persons or property in a place outside the jurisdiction o f any stale; participates in the operation o f a ship or o f an aircraft with knowledge o f facts making it a pirate ship or aircraft: or does any act o f inciting or of intentionally facilitating an act referred to in paragraph (a) or (b), commits an act o f piracy. (c) (2) A person who does or participate in piracy commits an offence o f piracy and on conviction is liable to imprisonment for life. (3) Where a pirate ship is not in no Tanzania, registered prosecution shall be commenced unless there is special arrangement between the arresting state or agency and Tanzania. (4) No prosecution shall be section under commenced without the consent o f the Director of Public Prosecutions. this (5) For the purposes o f this section- 10 No. 11 Written Laws (M iscellaneous Am endm ents) (No.2) 2010 under aircraft “pirate ship or aircraft" means a ship the or dominant control o f person who- (a) intend to use such ship or aircraft for piracy; or (b) have used such ship or aircraft for piracy, so long as it remains under the that person; and control o f “private ship or private aircraft” means a ship or aircraft that is the owned Government or held by a person on behalf o f or for the benefit o f the Government.” not by PART X A m e n d m e n t o f t h e P u b l i c C o r p o r a t i o n s A c t , C a p . 2 5 7 C onstruction ( ap "3/ G eneral am en dm en ts
Section 19Verify source

Part

PART X

§ 21Section 21Provision

This section is a heading for general amendments to the National Bank of Commerce (Re-Organisation and Vesting of Assets and Liabilities) Act, Cap. 404.

21. Construction. General amendments. PART XI A m e n d m e n t o f t h e N a t i o n a l B a n k o f C o m m e r c e ( R e - O r g a n i s a t i o n a n d V e s t i n g o f A s s e t s a n d L i a b i l i t i e s ) A c t , C a p . 404 2 2 .
Section 21Verify source
§ 20This Part shall be read as one with the PublicProvision

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

20. This Part shall be read as one with the Public Corporation Act. hereinafter referred to as the “principal Act” .
Section 20Verify source
§ 21The principal Act is amended gcnerallySubstitution

This section amends the principal Act by changing references in several sections and adding a new section 20A.

21. The principal Act is amended gcnerally- (a) in section 14 by- (i) (ii) to the words inserting the phrase “and the Office o f Treasury Registrar” “responsible between Minister” and “a draft” appearing in subsection ( 1) the deleting Commission” in paragraph ( 1) o f subsection (2 ) and substituting for them the phrase “and the Office o f Treasury Registrar”; “and appearing the words 11 No. 1 1- - Written Laws (M iscellaneous Am endm ents) (No.2) 2010 (iii) “and inserting the the words Commission*’ immediately after the words Minister" wherever they appear in subsections (3), (4) and (6 ); “responsible (b) in sections 15 and 16 by inserting the phrase Registrar” “and the Office immediately Minister” wherever sections; after o f Treasury the words they “responsible in those appears (c) in scction 18 by- (i) (ii) (iii) and inserting the phrase “and the Office of Treasury Registrar” between the words “responsible Minister” “any" appearing in subsection ( 1); inserting the phrase “or to the Office of Treasury Registrar” between the words “responsible Minister” and “may” appearing in subsection ( 1); words inserting “responsible Minister” “any” appearing in subsection ( 1) the phrase o f Treasury “or Registrar”; the Officc between and the to (d) in section 2 0 by adding at the end o f the opening words o f subsection (2 ), the phrase “upon the Office o f Treasury Registrar”; recommendation o f (e) adding immediately after section 2 0 a new scction 20A as follows- P ow ers o f Treasury Registrar Cap 3 7 0
Section 21Verify source
§ 20A(1) For the purpose o fAmendment

The Treasury Registrar must oversee the financial affairs of public and statutory corporations and may direct or investigate their spending and financial rules.

20A.-(1) For the purpose o f securing the proper management of the properties and other investments the Treasury vested Registrar (Powers and Functions) Act, the Treasury Registrar shall closely monitor the supervision and control o f in him under No. 11 Written Laws (M iscellaneous Am endm ents) (No. 2) 2010 the financial affairs o f all public and in statutory corporations and may, particular- a special cause be to examination the made o f expenditure o f the funds o f any public or statutory corporation; require any corporation to make specific adjustments o f expenditure; cause or facilitate the conduct o f inquiries into the conduct and performance o f functions by officers having control of, or acccss to the funds or the employed the maintenance o f any accounts o f public or statutory corporation; direct or approve the adoption, application or of amendment financial regulations so as to ensure the proper accounting of and incomes expenditure of corporation; recommend Minister designed to- the measures to in (a) (b) (c) (d) (e) 13 No. 11 Written Laws (M iscellaneous A m endm ents) (No. 2) 2010 (i) minimise unproductive expenditure of funds o f public statutory and corporations; loss o f (ii) averting funds resulting from negligence, o f lack care, theft, dishonest or otherwise. Abscncc o f provisions in (2) law a to establishing comply with any statutory corporation that requires the statutory the corporation provisions o f this section shall not be a dcfencc for the statutory corporation not to comply with any directive or this requirement made pursuant section. to PART XI A m e n d m e n t o r t h e N a t i o n a l B a n k o f C o m m e r c e ( R e - O r g a n i s a t i o n a n d V e s t i n g o f A s s e ts a n d L i a b i l i t i e s ) A c t . C a p . 4 0 4 C onstruction Cap. 4 0 4
Section 20AVerify source

Part

PART XI

§ 23Section 23Amendment

This section is a construction heading stating that section 6A is amended.

23. Construction. Amendment o f section 6 A. PART XII A m e n d m e n t o f t h e P u b l i c S e r v i c e R e t i r e m e n t B e n e f i t s A c t s , C a p . 37 1
Section 23Verify source
§ 22This Part shall be read as one with the NationalAmendment

This Part is to be read together with the National Bank of Commerce (Re-Organisation and Vesting of Assets and Liabilities) Act, which is referred to as the principal Act.

22. This Part shall be read as one with the National Bank o f Commerce (Re-Organisation and Vesting of Assets and Liabilities) Act, hereinafter referred to as the “principal Act”. Amendment scction 6A
Section 22Verify source
§ 23The principal Act is amended in 6 A byAmendment

This section amends section 6A of the principal Act by inserting specified words into the text.

23. The principal Act is amended in 6 A by- fa) (b) inserting the phrase “in consultation with the Treasury Registrar” between the w'ord “may” and “direct”; inserting the phrase “and the Treasury 14 No. 11 Written Laws (M iscellaneous Am endm ents) (No.2) 2010 Registrar" “accountable" and a full stop between the word PART XII A m e n d m e n t o f t h e P u b l i c S e r v i c e R e t i r e m e n t B e n e f i t s A c t , C a p . 371 C onstruction Cap. 371
Section 23Verify source

Part

PART XII

§ 24Section 24Amendment

Section heading for an amendment to section 52 of the Statistics Act.

24. 2 5 . Construction. Amendment o f section 5 2. PART XIII A m e n d m e n t o f t h e S t a t i s t i c s A c t . C a p . 3 5 1
Section 24Verify source
§ 24This Part shall be read as one with the PublicProvision

This Part is to be read together with the Public Scrvice Retirement Benefits Act, which is called the principal Act.

24. This Part shall be read as one with the Public Scrvice Retirement Benefits Act, hereinafter referred to as the “principal Act” . A m en d m en t o f section 52
Section 24Verify source
§ 25The principal Act is amended in subsection (1)Substitution

This section changes section 52 so that the Chairman is appointed by the President.

25. The principal Act is amended in subsection (1) o f section 52 by deleting paragraph (a) and substituting for it the following- the Chairman who shall be appointed “(a) by the President;” . PART XIII A m e n d m e n t o f t h e S t a t i s t i c s A c t , C a p . 3 5 1 2 ^ .T h is Part shall be read as one with the Statistics Act, hereinaTter referred to as the “principal Act” .
Section 25Verify source

Part

PART XIII

§ 28Section 28Amendment

This section lists amendments to section 6, section 8, and Part XIV of the Tanzania Revenue Authority Act.

28. Construction. Amendment o f section 6 . Amendment o f section 8 . PART XIV A m e n d m e n t o f t h e T a n z a n i a R e v e n u e A u t h o r i t y A c t , C a p .3 9 9
Section 28Verify source
§ 27The principal Act is amended in section 6 bySubstitution

This amendment changes section 6 so the Board’s membership is defined as a chairman appointed by the President, one statistics ministry representative, and up to eight other members.

27. The principal Act is amended in section 6 by deleting subsection (2 ) and substituting for it the following: C onstruction Cap. 3 5 1 A m en d m en t o f se ctio n 6 “(2) The Board shall consist of- (a) the chairman who shall be appointed by the President; (b) one representative o f the Ministry responsible for statistics: and (c) not more than eight other members.” Amendment o f section 8
Section 27Verify source
§ 28The principal Act is amended in section 8 bySubstitution

This provision amends section 8 of the principal Act by replacing the words “The Permanent Secretary” with a different phrase.

28. The principal Act is amended in section 8 by deleting the words “The Permanent Secretary” appearing at the beginning o f that section and substituting for it the phrase: “The Permanent responsible for statistics” . Secretary o f the Ministry 15 No. 11 Written Laws (Miscellaneous Am endm ents) (No;2) 2010 PART XIV A m e n d m e n t o f t h e T a n z a n i a R e v e n u e A u t h o r i t y A c t , C a p . 3 9 9 C onstruction Cap. 3 9 9 A m en d m en t o f se ctio n 10
Section 28Verify source

Part

PART XIV

§ 30Section 30Amendment

This section is an amendment provision for section 10 and Part XV of the Treasury Registrar (Powers and Functions) Act, Cap. 370.

30. Construction Amendment o f section 10 PART XV A m e n d m e n t o f t h e T r e a s u r y R e g i s t r a r ( P o w e r s a n d F u n c t i o n s ) A c t , C a p . 370
Section 30Verify source
§ 29T his Part shall be read as one with the TanzaniaProvision

This Part must be read together with the Tanzania Revenue Authority Act, which is referred to as the principal Act.

29. T his Part shall be read as one with the Tanzania the Revenue Authority Act, hereinafter referred “principal Act” . to as
Section 29Verify source
§ 30The principal Act is amended in sub-section (1)Substitution

This provision amends section 10(1) by replacing paragraph (b) with a representative from the Ministry responsible for finance in the Government of the United Republic.

30. The principal Act is amended in sub-section (1) o f section 10 by deleting paragraph (b) and substituting for it the following: “ representative (b) one from the Ministry responsible for finance in the Government o f the United Republic." PART XV A m e n d m e n t o f t h e T r e a s u r y R e g i s t r a r ( P o w e r s a n d F u n c t i o n s ) A c t . C a p . 3 7 0 C onstruction Cup. 370
Section 30Verify source

Part

PART XV

§ 31Section 31Amendment

This text appears to be a section heading and a citation to an amending law.

31. Construction. 3 No. 11 Written Law s (M iscellaneous Am endm ents) (No. 2) 2010
Section 31Verify source
§ 38Section 38Amendment

This section lists amendments and an addition affecting sections 2, 3, 3A, 4, 7, 10, and 11A, and Part XVI of the Election Expenses Act No. 6 of 2010.

38. Amendment o f section 2. Amendment o f section 3. Addition o f section 3 A. Amendment o f section 4. Amendment o f section 7. Amendment o f section 10 Addition o f scction 11A. PART XVI A m e n d m e n t o f t h e E l e c t i o n E x p e n s e s A c r , A c t N o . 6 o f 2 0 1 0 Construction.
Section 38Verify source
§ 31This Part shall be read as one with the TreasuryProvision

This Part must be read together with the Treasury Registrar (Powers And Functions) Act.

31. This Part shall be read as one with the Treasury Registrar (Powers And Functions) Act, hereinafter referred to as the ’"principal Act'*. A m en d m en t o f sectio n 2 A m en d m en t o f section 3
Section 31Verify source
§ 32'TheSubstitution

This section changes the definition of “investment” in section 2 of the principal Act.

32. 'The principal Act is amended in section 2 by and term “ investments" the o f deleting substituting for it the following: the definition “ investment” includc stock, debentures, shares, debenture stock, loan stock, notes, bonds and mortgages in or o f any corporate body or issued by or on behalf o f the Government.
Section 32Verify source
§ 33The principal Act is amended by repealing scctionRepeal

This section amends the principal Act by repealing section 3 and replacing it with new text.

33. The principal Act is amended by repealing scction 3 and substituting for it the following: "l-stabl ishm ent o o f O ffice
Section 33Verify source
§ 3(l) There is established an office toProvision

The Office of the Treasury Registrar is established as a body corporate and can carry out specified corporate acts in its own name.

3.-(l) There is established an office to the Office o f the T r e a s u r y T reasury R egistrar be known as Registrar. (2) The Office o f the Treasury Registrar shall be a body corporate with perpetua: succession and official Seal and shall, in its our. name, be capablc of- 16 No. 11 Written Laws (M iscellaneous Am endm ents) (No.2) 2010 (a) (b) (c) (d) (c) (f) o f holding suing and being sued: acquiring, holding, managing and disposing o f properties; executing deeds and instruments: entering into agreement: exercising all rights conferred by investments the including the powers o f holding immovable and other properties: and things doing all other acts and necessary or expedient to be done in the execution o f the duties o f the Office o f Treasury Registrar or which are required to be done or may be done by the Office o f Treasury Registrar under this Act or any other written law.“ A d d ition o f scction 3 A
Section 3Verify source
§ 34Section 34Amendment

This section amends the principal Act by inserting a new section about the appointment of a Treasury Registrar, but the text is truncated.

34. The principal Act is amended by adding immediately after section 3 as amended the following new sec i ion: " A p p oin tm en t o f T reasury R egistrar shall be a Treasury the appointed by
Section 34Verify source
§ 3A(1) ThereProvision

The Treasury Registrar serves a five-year term and may be reappointed for only one additional term.

3A.-(1) There Registrar who shall be President from amongst the citizens o f Tanzania. (2) The President on appointment o f the relevant Treasury Registrar professional and leadership skills suitable for appointment to the post. shall, consider qualifications, experience (3) The Treasury Registrar shall not, personally or by virtue o f his office, be appointed as a member or Chairman o f a is a corporation shareholder. the Government in which (4) The provisions o f subsection (3) shall not be construed as a bar to other members of the Office o f Treasury Registrar from being appointed as board members. 17 No. 11 Written Laws (M iscellaneous Am endm ents) (No.2) 2010 (5) The Treasury Registrar shall hold Office for a term o f five years and shall be eligible for reappointment for one further term only.” A m en d m en t o f se ctio n 4
Section 3AVerify source
§ 35The principal Act is amended by repealing sectionRepeal

This section amends the principal Act by repealing section 4 and replacing it with new text that begins “Employment and management of staff shall…”.

35. The principal Act is amended by repealing section 4 and substituting for it the following: “ E m p loym en t and m anagem en t o f s ta ff shall
Section 35Verify source
§ 4(l) The Treasury RegistrarAmendment

The Treasury Registrar may hire, appoint, promote, and discipline officers and employees, must follow public service employment laws when doing so, and may set their remuneration with approval from the relevant authorities.

4.-(l) The Treasury Registrar employ, appoint, promote and control discipline o f such number and categories o f officers and employees o f such qualifications as may be the considered necessary performance carrying responsibilities and exercise o f his powers. to assist him functions, the o f in (2) In discharging the duty imposed by subsection (1), the Treasury Registrar shall, with necessary variations be guided by laws the governing employment in the public service. (3) A person who, immediately before the coming into force o f this section, holds or is acting in any capacity within the Office of Treasury Registrar, upon the coming into force o f this section shall be deemed to have been appointed to or to act in that office in accordance with the provisions o f this Act. (4) The Treasury Registrar shall, upon approval o f the relevant authorities, determine remuneration o f officers appointed or employed pursuant to subsection ( 1).” Amendment o f section 7
Section 4Verify source
§ 36The principal Act is amended in section 7 bySubstitution

The President may direct the Treasury Registrar on how to dispose of certain investments or property, if it is in the public interest and consistent with the relevant law.

36. The principal Act is amended in section 7 by deleting subsection (2 ) and substituting for it the following: “(2) The President may, for the public interest and in accordance with the relevant law's, give the Treasury Registrar directives as to the disposal of investments or other properties held by him and o f the interest, produce or their proceeds.” 18 No. 11 Written Laws (M iscellaneous Am endm ents) (No.2) 2010 A m en d m en t o f section 10
Section 36Verify source
§ 37The principal Act is amended in section 10 bySubstitution

This section expands the Treasury Registrar’s powers over public and statutory corporations and lets the Registrar recommend disqualification in certain cases.

37. The principal Act is amended in section 10 by- fa) adding immediately after paragraph (f) appearing in subsection (2 ), the following paragraphs: (g) (h) in invest or to dispose of public investments corporations or statutory corporation; supervise public corporations and statutory corporation's investment funds; (i) make follow-up and ensure public dividends corporation the Government has, shares, are paid when are due; where from (j) monitor and evaluate the (k) that every public enters performance o f public and statutory corporations; ensure into corporation performance contract with Treasury Registrar the upon immediately appointment the government body; o f (1) monitor training public corporations; evaluate and programme and statutory in (m) direct or approve the adoption, application or amendment o f financial regulations so as to ensure the proper accounting o f and income the expenditure public o f corporations; 19 No. 11 Written Laws (M iscellaneous Am endm ents) (No.2) 2010 (n) (o) and in to examine and approve organization and salaries schemes o f structures, incentive servicc, packagc public corporations and statutory corporations; and to monitor capital grants, subsidy, reserves earnings corporation and any other public investments; funds, retained capital or earned by a (b) (c) the and committee deleting the phrase 4ias well as the board or parent management in subsection (3) and Ministry’' appearing substituting the Chairman o f board or management committcc as the case may be”: adding immediately after subsection (5) the following new subsections; the phrase "and for it “(6 ) The Treasury Registrar may, where a chief executive or the chairman o f board or management committcc. as the ease may be. without any reasonable excuse- comply with (a) the fails requirements under subsection (3) within the specified time: or to (b) furnishes with the Treasury Registrar false or misleading information, recommend to the appointing author/, o f such chicf executive or the chainr._- o f board or management committee be disqualified position. from holding > — 2 0 No. 11 Written Laws (M iscellaneous Am endm ents) (No.2) 2010 the (7) The Treasury Registrar shall, recommendation before making pursuant to subsection (6 ), require such chief cxccutivc or the chairman o f board or management committee, as the case may be, to show causc within specified period as to why such recommendation should not be made. (8 ) Notwithstanding the provisions of any written law. a person against whom a recommendation under this section has been made, shall not be appointed or considered for reappointment to run a corporation or to be the Chairman of Board or management committee, as the ease may be, for any other term.” A d d ition c scction 1 1A
Section 37Verify source
§ 38The principal ActAmendment

The Office of the Treasury Registrar’s funds come from parliamentary appropriations, earned services under law, acceptable donations or bequests, and other non-government-investment sources.

38. The principal Act is amended by adding immediately after scction 11 the following new scction: "•■’unds !wV O i l ICC T ic a s u n Rcgistrar o f Of i i A. The funds and resources for the Officc o f the Treasury Registrar shall consist o f monics- J ~ appropriated by the Parliament for the purpose o f the Office of the Treasury Registrar; connection with earned services in rendered accordance with this Act or any other law; in terms o f which which arc donations or bequest and are acceptablc by the Treasury Registrar; and accruing to the Officc o f the Treasury Registrar from any other source other than monies from government investment." (a) (b) (c) (d) 21 No. 11 Written Laws (Miscellaneous Am endm ents) (No.2) 2010 PART XVI A m e n d m e n t o f t h e E l e c t i o n E x p e n s e s A c t , A c t No. 6 o f 2010 C on stru ction 3 9 This Part shall be read as one the Election Expenses A m en d m en t o f se ctio n 7 Act, hereinafter referred to as the “principal Act”.
Section 38Verify source

Part

PART XVI

§ 40AAmendment o f section 24Amendment

This section states that section 24 is amended.

40A. Amendment o f section 24. A m e n d m e n t o f t h e e m p l o y m e n t a n d L a b o u r R e l a t i o n s A c t , PART XVII
Section 40AVerify source
§ 39AThe principal Act is amended in section 7(3) bySubstitution

This provision amends section 7(3) and section 9 of the principal Act by replacing certain words and phrases.

39A. The principal Act is amended in section 7(3) by . 1 . deleting - (a) the phrase “who have been approved' appearing in the opening words and substituting the phrase “the composition o f which is notified-” ; (b) the word “by” in paragraph (a) and substituting the word “to” ; (c) the phrase “by the District Administrative Secretary” in paragraph (b) and substituting the phrase “in case o f Tanzania Mainland, to the local relevant o f Executive Director government authority and, in case o f Tanzania Zanzibar, to the District Administrative Secretary; and the (d) the word "by” in paragraph (c) and substituting the word “to” . A m en d m en t scction 4 0 The principal Act is amended in section 9 by deleting the word ‘'seven" appearing in the opening phrase of subsection ( 1) and substituting for it the word “ five” . A m en d m en t ° i stctlon 24
Section 39AVerify source
§ 40AThe principal Act is amended in section 24(1) bySubstitution

This provision amends section 24(1) of the principal Act by replacing one wording with another.

40A. The principal Act is amended in section 24(1) by deleting the words “within twenty one” and substituting for deleting the words “within tv them the words “at least five” . PART XVII A m e n d m e n t o f t h e E m p l o y m e n t A n d l a b o u r R e l a t i o n s a c t , C a p . 366 C onstruction Cap. 3 6 6 4 1 . y h |s part shall be read as one with the Employment to as the anc| Labour Relations Act, hereinafter referred “principal Act”. 22 No. 11 Written Laws (M iscellaneous Am endm ents) (No.2) 2010 A m en d m en t o f the Third S ch ed u le
Section 40AVerify source

Part

PART XVII

§ 42Section 42Short title

This section labels the provision as a construction clause for amending the Third Schedule.

42. Construction. Amendment o f the Third Schedule. C a p 3 6 6 4 No. 11______ Written Laws (M iscellaneous A m endm ents) (No.2) 2010 THE UNITED REPUBLIC OF TANZANIA ( No. II o r 2010 I ASSENT, J a k a y a M r i s i i o K i k w e t e . President 2 0 "’May, 2 0 1 0 An A ct to am en d certain w ritten laws. E n a c t e d by Parliament o f the United Republic o f Tanzania. PART I P r e l i m i n a r y P r o v i s i o n s Short title This Act may be cited as the Written Laws (Miscellaneous Amendments) (No.2) Act, 2010. A m en d m en t laws'111"
Section 42Verify source
§ 42Section 42Substitution

This section amends the principal Act’s Schedule by deleting paragraph 13 and replacing it with a new paragraph.

42. is amended The principal Act Schedule by deleting paragraph 13 and substituting for it the following new paragraph: " D isp u tes origin atin g
Section 42Verify source

Part

PART I

§ 2The various written laws specified in various Parts o fAmendment

This section says the listed written laws are amended as set out in the relevant Parts, and that Part II is to be read together with the Bank of Tanzania Act.

2 . The various written laws specified in various Parts o f l^is Act are amended in a manner specified in the respective Parts. PART II A m e n d m e n t o f t h e B a n k o f T a n z a n i a A c t , C a p . 197 C onstruction 3 t This Part shall be read as one with the Bank of Tanzania Act, hereinafter referred to as the “principal Act”. A m en d m en t o f se ctio n 9
Section 2Verify source

Part

PART II

§ 4The principal Act is amended in subsection (2) ofSubstitution

Section 9(2) is amended to replace paragraph (c), add a new paragraph (d), and renumber the old paragraph (d) as (e).

4 . The principal Act is amended in subsection (2) of , section 9 by- (a) deleting paragraph (c) and substituting for it the following 5 No. 11 Written Laws (M iscellaneous Am endm ents) (No.2) 2010 be an ex-officio member;” “(c) the Principal Secretary to the Treasury o f the Revolutionary Government o f Zanzibar, who shall adding immediately after paragraph amended a new paragraph (d) as follows: “ (d) one representative responsible for finance in United Republic;” ; and renaming paragraph (d) as (e). the Ministry the Government o f the (c) as from (b) (c) PART III A m e n d m e n t o f t h e B a n k i n g a n d F i n a n c i a l In s t i t u t i o n s A c t , C a p 3 4 2 C on stru ction
Section 4Verify source

Part

Schedule by deleting paragraph 13 and substituting for it the

§ 13(1) All disputes originating from theCommencement

This provision reallocates pending disputes and references to the proper court or authority, gives the Commission power to mediate and arbitrate certain disputes, and sets a temporary application period with possible extension.

13.-(1) All disputes originating from the repealed the substantive laws applicable immediately before the commencement o f this Act. be determined by from the repealed law s shall laws in the Third (2) All pending all disputes applications for executions filed arising from the decision o f the Minister in the subordinate courts prior the commencement o f this Act shall proceed to be determined by such courts. and to (3) All disputes pending - (a) revision o f the defunct Industrial Court of Tanzania shall be determined by a panel o f three Judges o f the Labour Court; and (b) hearing before the Industrial Court o f Tanzania shall be determined by the Labour Court. ,, V ~ (4) All appeals and applications for judicial review originating from the Industrial Court of in the High Court shall be Tanzania pending determined by the High Court. (5) The Commission shall have powers to mediate and arbitrate all disputes originating from the repealed laws brought before the Commission by the Labour Commissioner and all such disputes shall be deemed to have been duly instituted under section 8 6 o f the Act. (6 ) Minister shall- All references pending decision o f the (a) in the case o f references which were returned by the Minister for retrial, be determined and finalized by the Minister; and the High Court to 23 No. 11 Written Laws (M iscellaneous Am endm ents) (No.2) 2010 (b) o f references pending the in the ease decision of the Minister be forwarded together with their respective complete records for to the Labour Court determination. (7) The date o f the decision o f the Minister shall be the date indicated in the prescribed form. any (8) Notwithstanding the provisions o f other written laws, for the purposes o f computation of limitation o f time, the period between the date of decision and the date o f receipt o f the decision shall be excluded. (9) The provisions o f this paragraph o f the Third Schedule shall apply for a period o f three years from the date o f publication o f this amendment in the Gazette and. the Minister may, upon consultation with the Council and by notice published in the Gazette. extend for an aggregate period not that period exceeding three years. P assed in the N atio nal A ss e m b ly on the 2 0 th April. 2010. D r. T h o m a s D. K a s i i i u l a i i . C lerk o f the N a tio n a l A sse m b ly 24
Section 13Verify source

Legislative relationships

15 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

5 instruments

  • Bank of Tanzania may act after consulting the Minister. 12. The principal Act

    Section 12

  • Commerce (Re-Organisation and Vesting of Assets and Liabilities) Act

    Sections 21, 22

  • Criminal Procedure Act

    Section 8

  • Election Expenses Act

    Section 38

  • Financial Leasing Act

    Section 10

G–M

1 instrument

  • Merchant Shipping Act

    Section 12

N–S

5 instruments

  • Newspapers Act

    Section 14

  • Penal Code

    Section 16

  • principal Act

    Sections 8, 18, 21, 23, 28, 33, 34, 35, 40A, 42

  • section 7(3) and section 9 of the principal Act

    Section 39A

  • Statistics Act

    Section 24

T–Z

4 instruments

  • Tanzania Act

    Section 2

  • Tanzania Revenue Authority Act

    Section 28

  • Treasury Registrar (Powers and Functions) Act

    Section 30

  • United Republic. 30. The principal Act

    Section 30

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