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Tanzania Act or statute

Parliament of Tanzania

The Environmental Health Practitioners (Registration) Act, 2007

This section gives the Act its short title and says it starts on a date appointed by the Minister in the Gazette. This Act applies to Mainland Tanzania. This section defines key terms used in the Act.…

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Tanzania
Structure
80 provisions
Citation
The Environmental Health Practitioners (Registration) Act, 2007
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01

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“This section gives the Act its short title and says it starts on a date appointed by the Minister in the Gazette.”

This section gives the Act its short title and says it starts on a date appointed by the Minister in the Gazette. This Act applies to Mainland Tanzania. This section defines key terms used in the Act. Section heading for Part 11, “Establishment of the Council.” This section establishes the Environmental Health Practitioners Registration Council and gives it corporate status and borrowing power.

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Short title and commencement

This section gives the Act its short title and says it starts on a date appointed by the Minister in the Gazette.

Section 1

Council to give reasons for its decision

The Council must clearly state its decision on registration or re-registration applications, explain the reasons, and notify the applicant by registered mail.

Section 45

Application

2. O th e r N a m e s................................................................

Section 2

04

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Showing 80 of 80 provisions

Provision 68Amendment 4Offence 4Short title 3

Part

PART I

§ 1Short title and commencementShort title

This section gives the Act its short title and says it starts on a date appointed by the Minister in the Gazette.

1. This Act may be cited as the Environmental Health Practitioners (Registration) Act. 2007 and shall come into operation on such date as the Minister may. by notice published in the Gazette, appoint.
Section 1Verify source
§ 2ApplicationProvision

This Act applies to Mainland Tanzania.

2. This Act shall apply to Mainland Tanzania.
Section 2Verify source
§ 3InterpretationsProvision

This section defines key terms used in the Act.

3. In this Act, unless the context otherwise requires- V4 "C ouncir’means the Environmental Health Practitioners Registration Council established under section 4 of this Act; “Environmental Health Practitioner" means a person registered under this Act; 33 S hort title and commoncc. m em Application In terp reta­ tion No. 20 Environm ental Health Practitioners (Registration) 2007 “environmental health" means all aspects of human health and disease that arc determined by factors in the environment and includes the theory and practice o f assessing and controlling factors in the environment that can potentially affect health: "institution” means any recognized training centre for Environmental 1 lealth Practitioners leading to the award of diploma or degree: “Member" means a person appointed to be a member o f the Council": "M inister'’ means the Minister responsible for health; "provisional registration" means a registration referred to under section 16; “ Register” means a register of Environmental Health Practitioners; "Registrar" means Registrar of the Council appointed under section 8 of this Act; ' ‘Registration Certificate" means a document issued by the Council under scction 19 o f this Act; ‘‘temporary registration" means a registration referred to under section
Section 3Verify source
§ 18Temporary RegistrationProvision

Section heading for Part 11, “Establishment of the Council.”

18. PART 11 E st a b l ish m e n t o f t h e C o u n c il Establish­ ment of the Council
Section 18Verify source

Part

PART 11

§ 4Establishment o f the CouncilProvision

This section establishes the Environmental Health Practitioners Registration Council and gives it corporate status and borrowing power.

4 .- ( l) There is hereby established a Council to be known as the Environmental Health Practitioners Registration Council. (2) The Council shall be a body corporate and shall (a) have perpetual succession and common seal: (b) in its corporate name be capable o f - suing or being sued; holding and purchasing or acquiring in any other way and disposing of movable or immovable property: (i) (ii) (iii) entering into contracts or other transactions; (iv) doing all other acts and things which a body corporate may lawfully perform; and (c) have power to borrow such sums as it may require for its purposes. (3) The provisions of the First Schedule to this Act shall have effect as to the appointment and composition o f members to the Council, proceedings o f the Council and other matters relating to the Council. 34 No. 20 Environmental Health Practitioners (Registration) 2007
Section 4Verify source
§ 5Functions and powers of the CouncilAmendment

The Council is the sole authority for registering Environmental Health Practitioners and has several related functions.

5.—(1) The Council shall be the sole authority for registering Environmental Health Practitioners. (2) In particular anti without prejudice to the generality of subsection (1), the functions of the Council shall be to - (a) advise the Minister on issues pertaining to environmental F u n ctio n s and pow ers o f i lie C ou ncil health; (b) issue and cancel registration certificates; (c) make entry into the Register and amend any particulars entered therein and replace any Registration Certificate which have been lost or destroyed; (d) prescribe the duties of the Registrar to the Council; (e) establish committees, approve names of proposed committee members and prescribe their functions; (f) solicit funds and prescribe procedures and guidelines relating to their use and accounting; (g) make, issue, promote and oversee adherence to a codc of conduct and where necessary to exercise disciplinary measures; (h) prescribe modalities for the acquisition and upkeep o f the Council's property and assets; (i) publish annually in the Gazette as soon as practicable in the year and on such other occasions as it may deem fit, the names and particulars of Environmental Health Practitioners contained in the Register; and (j) exercise the powers and performs functions conferred upon it by or under this Act.
Section 5Verify source
§ 6Establishment of CommitteesProvision

The Council can set up up to three additional committees, appoint committee leaders and members, and set committee appointment terms.

6 .-(l) There shall be established an Environmental Health Practice and Control Committee, the Registration Committee and the Disciplinary and Ethics Committee. E s t a b l i ­ s h m e n t of C o m m i ­ t t e e s (2) Members of each Committee shall include- • (a) the Chairman who shall be appointed by the Council from amongst its members; and (b) not less than three and not more than five members who shall be appointed by the Chairman of the Council upon the approval of the Council. 35 No. 20 Environmental Health Practitioners (Registration) 2007 F u n ctio n s o f tho C oun cil C o m m i­ tte e s (3) Each Committee may co-opt for a particular purpose any person to he a member o f the Committee and any member so co-opted shall not have a right to vote during the deliberations of the Committee. (4) The Council may establish not more than three other Committees and may delegate to such Committees functions as the Council may deem appropriate to delegate (5) The term of office and other conditions for appointment to the Committee shall be determined by the Council.
Section 6Verify source
§ 7Functions o f the Council CommitteesProvision

This section lists the functions of three committees, including reviewing training materials, registration applications, misconduct allegations, and proposing sanctions.

7. The Committees shall perform the following functions, that is to say (a) the Environmental Health Practice and Control Committee (i) (ii) to scrutinize curricular for the training o f environmental health professionals: to advise the Council on the developm ent o f the Environmental 1 lealth in the country: (b) the Registration Committee- (i) (ii) (iii) to scrutinize all applications submitted to the Council for registration: to advise the Council on applications which shall be approved or disapproved in accordance with the provisions o f this Act: to prescribe and evaluate qualifications for registrations under this Act and make recom m endations to the Council: (c) the Disciplinary and Ethical Committee (i) (ii) (iii) to scrutinize all allegations o f professional misconduct submitted to the Council: to advise the Council on those allegations which should be followed -up whether by writing, physical visiting, interviews or holding o f an inquiry as condition may be: to conduct investigation into any case where it is alleged that, a registered Environmental 1 lealth Practitioner has 36 No. 20 Environmental Health Practitioners (Registration) 2007 (iv) misbehaved in his capacity as an I Environmental I Icalth Practitioner; and to propose to the Council appropriate professional sanctions to the Environmental 1 Icalth Practitioners w ho are found to have committed professional misconduct.
Section 7Verify source
§ 8( 1) The Minister shall appoint a Registrar to the Council who shallProvision

The Minister must appoint a Registrar to the Council, and that person must be a registered Environmental Health Practitioner.

8.-( 1) The Minister shall appoint a Registrar to the Council who shall be an 1 Environmental Health Practitioner registered under this Act. R eg istrar o f the C ou ncil (2) The Registrar shall be the Secretary to the Council and its Committees. i (3) The Registrar shall hold office for such period and upon such terms and conditions as may be specified in the instrument o f his appointment.
Section 8Verify source
§ 9Functions and powers of the RegistrarProvision

The Registrar must perform the listed register and Council-support functions, and may enter premises when directed by the Council.

9.~(1) The functions of the Registrar shall be to (a) implement the decisions of the Council: (b) keep and maintain the Register on behalf o f the Council: (c) make necessary alterations and corrections in the Register: (d) remove or reinstate any name in the Register as may be directed by th Council: (e) make proposals for the formulation o f policies to be adopted by the Council: (0 establish and maintain relationship with organizations, institutions and agencies as may be appropriate for facilitating the implementation o f the policies and the e arn in g out o f the functions o f the Council; (g) record all minutes o f the Council and Committees and to keep properly all the records and the documents of the Council: and (h) carry any other function which may be assigned to him by the Council. F u n ctio n and pow ers o f th e R eg istrar (2) The Registrar shall have powers to enter into premises as may­ be directed by the Council, and in his absence he may. in writing, assign any other officer o f the Council to exercise such powers as provided for under this Act. 37 No. 20 O th e r s t a f f Cap. 298 R e g i s t e r of Environme­ n tal H e a lth P r a c t i t i ­ o n e r s Q u a l i f i c a ­ t i o n s f o r re g is tr a tio n Environmental Health Practitioners (Registration) 2007
Section 9Verify source
§ 10Other staffProvision

Staff or employees are to be appointed, under the Public Service Act, in the number needed to efficiently carry out the Council’s functions.

10. There shall be appointed in accordance with the Public Scrvicc Act. such number of staff or employees as may be neccssary for the efficient discharge of the functions of Council. R e g i s t r a t i o n o f E n v i r o n m e n t a l H e a l t h P r a c t i t i o n e r s P A R I ' III 1 1 .- ( l) T here shall be a R egister o f E nvironm ental H ealth Practitioners which shall be kept and maintained by the Registrar. (2) The Register shall contain names, addresses, qualifications and other particulars of Environmental Health Practitioners entitled for registration.
Section 10Verify source
§ 12Qualifications for registrationProvision

A person may register as an Environmental Health Practitioner only if they meet the stated education, practical experience, and any other Council-recognized qualifications, and they must apply with the prescribed fees.

12. (1) Subject to the provisions of this Act. a person shall be qualified for registration as an Environmental Health Practitioner under this Act if that person has (a) undergone the course of study leading to the award of diploma or degree in environm ental health from any accredited institution and has practical experience for a period of one vear in any institution recognized by the Council: and (b) any other qualifications recognized by the Council (2) A person w ishing to be registered in accordance w ith subsection (1) shall make application accompanied with the relevant fees prescribed in the Second Schedule to this Act. (3) Subject to the provisions o f subsections (1) and (2), the Minister shall make regulations prescribing the manner under which the holders o f a degree and diploma may be registered or enrolled, as the case may be under this Act. P ro ced u ee fo r registration
Section 12Verify source
§ 13Procedure for registrationProvision

An applicant must submit a prescribed application to the Registrar, include the listed documents and fee, and the Registrar must forward it to the Council for decision.

13.—(1) The applicant shall submit an application to the Registrar in the form prescribed in the Third Schedule to this Act. (2) An application made under subsection (1) shall be accompanied b y - (a) a certified copy or copies o f certificates for academ ic qualifications of the applicant: (b) an application fee as may be prescribed: and 38 No. 20 Environmental Health Practitioners (Registration) 2007 (c) such other documents containing information as may be required by the Council. (3) The Registrar shall, after receiving an application, refer the application together with his recommendations to the Council for consideration and determination. (4) The Council m ay- (a) approve the application and direct the Registrar to register v the applicant; or (b) reject an application and direct the Registrar to inform the applicant accordingly stating the reasons for the Council's decision.
Section 13Verify source
§ 14Particulars to be entered in the RegisterProvision

The Registrar must enter specified particulars in the Register within 14 days after the Council recommends a person for registration.

14. The Registrar shall, within fourteen days after the Council has recommended any person for registration, enter in the Register in respect o f that person the follow ing particulars: (a) the name and address: (b) the date of registration: and (c) qualifications and other particulars as the Council may direct.
Section 14Verify source
§ 15Recognition o f other qualificationProvision

The Council may recognize other qualifications for registration, and the Registrar must publish recognized qualifications in the Gazette.

15.—(1) For the purpose of registration under this Act. the Council may after- (a) tak in g into acco u n t the adm ission requirem ents into environmental health training institutions: (b) assessing the curriculum implemented by the environmental health training institutions, and (c) evaluation o f the professional standards exhibited by a person having the qualifications to practise as an Environmental Health Practitioner. recognize such other qualifications as guaranteeing requisite knowledge and skill other than qualifications referred to under section 12. P articulars to be en tered in th e R egister R e c o g n i ­ t i o n s o f o t h e r q u a l i f i c a ­ t i o n (2) The qualifications recognized for the purpose o f subsection (1). shall be published in the Gazette as soon as the Council recognizes them and the Registrar shall after the 1st day of January and not later than the 31s’ day of March each year, publish all such qualifications. 39 No. 20 Environmental Health Practitioners (Registration) 2007 (3) The Council may. if professional standards so require, withdraw recognition o f qualifications referred to under subsection (1). (4) W here the Council w ithdraw s recognition o f any other qualifications, such withdrawal shall not affect the registration of any person already registered under such other qualifications. Provisional Registration
Section 15Verify source
§ 16Provisional RegistrationProvision

People who qualify under section 12 but lack the required practical experience may get provisional registration if they apply properly and satisfy the Council that they have secured employment or training with a Council-recognized institution.

16. (1) A person who is qualified to be registered under section 12 but who is not entitled to be registered as such by reason that he does not have the requisite practical experience, but upon application in the prescribed manner, satisfies the Council that he has secured an offer for employment or training in an institution recognizcd by the Council for the purpose o f attaining the practical experience, shall be eligible for provisional registration. (2) A person registered in accordance with subsection (1). shall be deemed to be registered as far as it is nccessary to enable him to be employed or trained for the purpose stipulated under subsection (1) and to earn- out the responsibilities and duties of a registered Environmental Health Practitioner. (3) The provisions of this section shall apply for the purpose ofenabling persons referred to under subsection (1) to acquired such practical experience in environmental health for one year from the date o f issuance o f the registration certificate.
Section 16Verify source
§ 17Maintenance of Register o f persons provisionally registeredProvision

The Registrar must keep a separate register of provisionally registered persons and remove names when provisional registration ends. Non-citizens may get temporary registration if they meet the stated conditions and submit the required documents.

17. 1'he Registrar shall maintain a separate Register into w hich names o f persons provisionally registered under section 16 shall be entered and upon the expiry o f the provisional registration in accordance with subsection (3) of section 16 their names shall be removed from the Register o f the persons provisionally registered. * 18.-(I) A person who is not a citizen o f Tanzania shall be entitled to a temporary’ registration if lie satisfies the Council that hc- (a) is not ordinarily resident in Tanzania; (b) is or intends to be employed for the purpose o f carrying out specific assignment in research or teaching; and (c) is or immediately before entering Tanzania was in practice as an Environmental Health Practitioner and that he is eligible for registration under the provisions o f this Act. 40 M a in te n a ­ n ce of' R egister o f p e rso n s p ro v is i­ o n a lly reg istered T em p o rary Registration No. 20 Environmental Health Practitioners (Registration) 2007 (2) Without prejudice to the provisions o f subsection (1). a person intending to be temporarily registered shall, together with an application submit to the Rcgistrar- / ) a certified certificate o f full registration issued by a body ^ nerning environmental health practitioner established in a coL.ni,-v in which he practiced: (b) a certified* cert'^lcalc o f good standing issued in the country in which lie laiJ Prac^ ccd. (c) testimonials oltbscu110 *1'm ^>' which he last p r e '^ '* " an^ (d) a curriculum vitae. institution in the country in (3) Registration o f a person under this section s^a ** rcma'n valid in so far as that person is in the employment in respect o f which a temporary registration was granted and shall cease upon tcB W ia l*on suc^ employment. (4) Temporary registration granted under this Act shall be for a p e r.’^ o f one year but may be renewed. (5) A person registered under this section shall be subject to probation for a period of six months. (6) Notwithstanding the provisions of this section, every non citizen shall undertake an examination in order to assess his professional competence before being registered.
Section 17Verify source
§ 19Certificate o f RegistrationProvision

After an Environmental Health Practitioner is registered and the prescribed fee is paid, the Registrar must issue a certificate of registration in the prescribed form.

19. Upon registration o f Environmental Health Practitioner and on payment of the prescribed fee. the Registrar shall issue the certificate of registration in prescribed form dully signed by him and Chairman. C ertificate of registration
Section 19Verify source
§ 20Application for retention in the RegisterProvision

Registered persons must give information to the Council each year before 31 December to keep their name in the Register.

20.-( 1) liven1 registered person shall before the 31s1 December each year, furnish information to the Council in the prescribed manner for the retention o f his name in the Register. Application lor r e le n tin g in the R egister (2) The Council may strike off from the Register any person who does not comply w ith the provisions of subsection (1). 41 No. 20 Environmental Health Practitioners (Registration) 2007 D u t i e s o f E n v i r o n m e n t a l H e a l t h P r a c t i t i o n e r s PART IV D uties o f Environme­ n tal H e a lth P r a c titi­ oners
Section 20Verify source

Part

PART IV

§ 21Duties o f Environment Health PractitionersAmendment

Environmental Health Practitioners must work with proper knowledge, skill, competence, and attitude, and always follow the profession’s ethics and code of conduct.

21. (1) It shall be the duty of every Environmental I lealth Practitioner to practice with clear knowledge, skills, competence and right aU;,,^ltjc and shall be required during all times to abide by ethics an/^ / cotjc 0f conduct for environmental health practitioners stipulated Fourth Schedule to this Act. (2) A person registered under this Act s h a J * ^ ^ brcach 0f professional ethics and conduct if- (a) he abuses p ro fc s s io n a > ^ ^ ieges or ski||s; (b) he disregaids P*!'0vessional responsibilities when discharging his duties; (c) his Pr^ S()nai conduct is derogatory’ to the reputation o f the ^ o fcssio n ; -(d) he associates with unqualified persons in discharging his professional duties; (e) he disparages his professional colleagues. (3) The Minister may. after consultation w ith the Council, amend the Code o f Conduct prov ided for under the Fourth Schedule to this Act. (4) The Code of Conduct for Environmental Health Practitioners made under subsection (1) shall be published in the Gazette.
Section 21Verify source

Part

Schedule to this Act.

§ 22Standard and quality control o f practiceProvision

Registered Environmental Health Practitioners must maintain standard quality control and take part in assessment practice.

22. Every registered Environmental Health Practitioner shall be required to maintain standard quality control and participate in assessment practice.
Section 22Verify source
§ 23Prohibition to associate with unregistered personProvision

Registered persons must not let, help, or cause an unregistered person to practice as a registered Environmental Health Practitioner.

23. A person registered under this Act shall not allow, associate or otherwise cause a person who is not registered as such to practice as a registered Environmental Health Practitioner. S tandard and qu ality co n tro l o f p ra c tic e Prohibition to asso ciate w ith u n re g iste ­ red p e rso n 42 No. 20 Environmental Health Practitioners (Registration) 2007
Section 23Verify source
§ 24Conviction against Environmental Health PractitionerProvision

A court conviction against an Environmental Health Practitioner is prima facie evidence that the practitioner’s conduct is derogatory to the reputation of the environmental health profession.

24. A conviction by a court o f law against an Environmental Health P ractitioner shall constitute p rim a facie evidence that such an Environm ental Health P ractitioner's conduct is derogatory to the reputation o f the environmental health profession. PART V C a n c e l l a t i o n a n d S u s p e n s i o n
Section 24Verify source

Part

PART V

§ 25Cancellation or suspension of certificateProvision

If the Council is satisfied that registration conditions were breached, it may cancel or suspend the certificate and tell the Registrar to notify the person to stop practicing and remove the person’s name from the Register.

25. The Council may, if it is satisfied that terms and conditions of registration have been breached- (a) cancel or suspend the certificate; and (b) direct the Registrar to- (i) (ii) notify the person whose certificate has been cancelled or suspended requiring him to stop practicing; and remove the name of the person whose certificate has been cancelled from the Register. Conviction a g ain st E n v ito n - m e n ta l H e a lth P r a c ti ti ­ o n e r C a n c e lla ­ tio n or s u s p e n ­ sion o f c e rtific a te
Section 25Verify source
§ 26Procedure for cancellation or suspensionProvision

If a registered person breaches registration terms, the Registrar must notify them in writing, and the person must respond in writing. If the problem is not fixed or the response is unsatisfactory, the Registrar may recommend cancellation or suspension, and the Council may direct that action.

26.-(1) Where a registered person is in violation o f the terms and conditions o f his registration, the Registrar shall, on the direction o f the Council, serve to that person a notice in writing specifying the nature of the default. P rocedure f o r c o n c e lla ­ tio n or suspension (2) Upon reqeipt o f the notice under subsection (1), the person to whom the notice is served shall make representation in writing to the Registrar on the rectification of the default. (3) Where the person under subsection (2) fails to rectify the default within the time specified in the notice or fails to make representation satisfactory to the Registrar, the Registrar shall recommend to the Council for concellation or suspension o f the certificate issued to that person. (4) The Council shall, if it is satisfied with the recommendations made pursuant to the provisions o f subsection (3). direct the Registrar to cancel or suspend the Registration certificate. 43 o. 20 Environmental Health Practitioners (Registration) 2007 ^ in state- enl
Section 26Verify source
§ 27ReinstatementOffence

A person whose certificate has been cancelled or suspended may have to apply to the Registrar for reinstatement within 12 months. If the person misses that period, reinstatement is not allowed unless an examination is passed or a penalty fee is paid as determined by the Council.

27. (1) A person whose certificate has been cancelled or suspended may be required to apply for reinstatement of his registration to the Registrar within the period of twelve months from the dale o f cancellation or suspension. (2) A person who fails to submit an application for reinstatement of his registration within the period stipulated under the provisions o f subsection (1). shall not be reinstated unless he passes an examination or pays a penalty fee as may be determined bu the Council. \ PART' VI I n q u i r i e s a n d A p p f . a l s e c e ip t o f >nipi a i n e tis tra r roliminary iq u ir y
Section 27Verify source
§ 28Receipt of complaint by RegistrarProvision

The Registrar must receive complaints against Environmental Health Practitioners, and each complainant must provide all necessary information about the complaint.

28. (1) TTie Registrar shall reccivc complaints submitted to the Council against any Environmental Health Practitioner. (2) Every complainant shall be required to furnish all necessary information in relation to the complaint in question.
Section 28Verify source
§ 29Preliminary inquiryProvision

The Registrar must give the complained-against Environmental Health Practitioner the complaint and needed information, and require a reply within 30 days.

29. (1) Where the Registrar has received a complaint against an Environmental Health Practitioner, he shall supply copies o f the complaint and all necessary information regarding the complaint to the person against whom a complaint has been made. (2) T he Registrar shall require from an Environmental Health Practitioner against whom complaint has been made to reply to the complaint within thirty days. ,'onduct f >relim inary iH jiiiry 3 0 .-(l) Where the Registrar is satisfied that in view o f the nature of the complaint and reply made by an Environmental I lealth Practitioner that holding of the preliminary inquiry is ncccssary. lie shall submit to the C ouncil all n e cessary in fo rm atio n received and sh all make recommendations to the effect that preliminary inquiry be held by the Council. (2) T he Registrar shall, during the preliminary inquiry, be accompanied by at least two Environmental Health Practitioners who are not members of the Council to assist him to collect evidence. (3) When the Registrar has completed preliminary inquiry he shall report to the Council and the Council shall determine whether or not to hold the inquiry. 44 No. 20 Environmental Health Practitioners (Registration) 2007 (4) If the Council is of the opinion that no prim a facie ease has been made out against an I Environmental Health Practitioner, it shall direct the Registrar to inform both parties of the C ouncils decision not to hold an inquiry. (5) Notwithstanding the provisions o f subsection (4), the Council may reconduct preliminary inquiry where fresh evidence has been availed before it,
Section 29Verify source
§ 31Procedure for InquiryProvision

The Council may direct an inquiry after finding a prima facie case, and the person under inquiry may appear in person or by an advocate.

31. (1) Where the Council is o f the opinion that, a prim a facie case has been made out. it shall direct that an inquiry be held. P ro c ed u re lor Inquiry (2) In the event that the inquiry is to be conducted, the person against w hom the inquiry is to be conducted shall be entitled to appear in person or by an advocate. (3) For the purpose o f proceedings during the inquiry- (a) the Chairman shall administer oaths; (b) the legally qualified person from Attorney-General s Chambers shall - (i) (ii) issue summons directing the parties to attend and give avidcnce; present the case against the person against whom the inquiry is conducted; and (iii) advise the Council on matters of law. (4) The Council may make any such order as to pay ment by any person o f any costs or witness expenses as it may think fit and such order shall be enforceable to the same extent and in the same manner as an order for costs made by the High Court. (5) The Council shall regulate its procedure for the conduct o f an inquiry. 3 2 .- ( I) As soon as practicable after the conclusion o f an inquiry by the Council the Registrar shall serve notice of the determination o f the Council to the Environmental Health Practitioner in respect of whom an inquiry was held. 45 Notification and publication o f decision o f the C o uncil o. 20 Environmental Health Practitioners (Registration) 2007 (2) The Council may direct the publication, in the Gazette and in any other local news media of the determination o f the Council. appeal g ain st ecision f th e 'o u n cil
Section 31Verify source
§ 33Appeal against decision of the practitionerProvision

A person aggrieved by the Council’s decision may appeal to the Minister within 30 days after notice of the Council’s determination.

33. A person who is aggrieved by the decision o f the Council may appeal to the Minister w ithin thirty days from the date o f notice o f the determination of the Council. PART VII F in a n c i a l P r o v i s i o n s ■'unds o f lie Council
Section 33Verify source

Part

PART VII

§ 34Funds o f the CouncilProvision

The Council’s funds come from appropriations, fees, sale proceeds, donations, grants, bequests, loans, and other lawful income, and must be used for the Council’s purposes.

34.—(1) The funds and resources o f the Council shall consist of- (a) the sums of money as may be appropriated by Parliament: (b) all fees pay able as provided for under the Second Schedule to this Act; (c) proceeds derived from sale o f Council's property; (d) such donations, grant, bequeaths or loan as the Council may receive from any person or organization: (e) any other income identified by the Council and legally obtained. C ap. 348 (2) The funds and resources of the Council shall be applied for the purposes for which the Council is established and in accordancc with the Public Finance Act. (3) An expenditure shall be made out of the funds of the Council upon the approval of the Council. Subm issi­ on o f r e p o rts
Section 34Verify source
§ 35Submission o f reportsProvision

The Registrar must submit an annual report to the Council within three months after the end of the year.

35.-( 1) The Registrar shall, within a period of three months after the end of the year, submit to the Council an annual report on the affairs and activities o f the Council. (2) Without prejudice to the provisions of subsection (1), the Registrar may be required in writing by the Chairman of the Council to submit a report on any matter relating to the affairs o f the Council. F inancial y ear o f th e C ouncil
Section 35Verify source
§ 36Financial year o f the CouncilCommencement

The Council’s financial year starts with the first accounting period from the Act’s commencement date and ends on 30 June of the following year; later accounting periods run for 12 months ending on 30 June.

36. The financial year of the Council shall be in respect o f the first accounting period, the period starting from the date o f commencement of this Act and ending on 30th day of June the following year, and in respect o f subsequent accounting period, twelve months ending on 30th day o f June. No. 20 Environmental Health Practitioners (Registration) 2007
Section 36Verify source
§ 37I EstimatesProvision

The Registrar must prepare and submit the Council’s income and expenditure estimates within three months before the end of each financial year, then forward them to the Minister after Council approval.

37.—(1) T he Registrar shall, within a period of three months before the end of each financial year, prepare and submit to the Council for approval, estimates o f income and expenditure o f the Council for the next ensuing financial year. E stim a te s (2) Upon approval o f the estimates by the Council, the Registrar shall forward the estimates to the Minister for approval with or without variation.
Section 37Verify source
§ 38Remuneration o f the members of the CouncilProvision

Members of the Council and the Secretariat are to be paid allowances from the Council’s funds, as the Minister determines.

38. Members o f the Council and the Secterariat shall be paid from the funds o f the Council such allowances as the Minister may determine. R e m u n e­ ra tio n o f th e m em b ers o f the C o uncil PART VIII O f f e n c e s a n d P e n a l t i e s
Section 38Verify source

Part

PART VIII

§ 39Offence for illegal practicingOffence

A person may not practice as an Environmental Health Practitioner unless registered by the Council; doing so is an offence.

39. A person who practices as an Environmental Health Practitioner without being registered by the Council commits an offence and on conviction shall be liable to a fine of not less than five hundred thousand shillings and not exceeding one million shillings or to imprisonment for a term o f not less than one year or to both. O ffe n c e for illegal p ra c tic in g
Section 39Verify source
§ 40Procurement o f illegal registrationOffence

A person must not use false or fraudulent statements or documents to get registration, falsify matters in the Register, or help someone do those acts.

40. A person w ho- (a) procures or attempts to procure registration by production of any false or fraudulent statement or document: or (b) deliberately makes or causes to be made any falsification in any matter relating to the Register; or (c) assists or aids any person to commit any of the acts prescribed under this section, P ro c u re ­ m ent o f illegal registration committs an offence and shall be liable on conviction to a fine of not less than one million shillings and or to imprisonment for a term not less than one year or both.
Section 40Verify source
§ 41General penaltyOffence

An Environmental Health Practitioner who, after being summoned by the Council, fails to attend, produce required documents, answer questions without lawful excuse, or comply with the Act commits an offence and may be fined or imprisoned.

41. Any Environmental Health Practitioner who- (a) having been summoned by the Council fails— G eneral p e n a lty 47 No. 20 Environ menial Health Practitioners (Registration) 2007 to attend beforp the Council: (i) (ii) without reasonable cause to produce any book or documents which he is required to produce: (b) without lawful excuse, refuse to answer any question put to him in the course of proceedings of the Council; or (c) fails to observe or breaches any provisions o f this Act. commits an offence and upon conviction shall be liable to a fine of not less than three hundred thousand shillings or to imprisonment for a term not less than six months. PART IX MlSCF.LLANF.OUS PROV ISIONS P ow er o f d eleg atio n L im itatio n o f liab ility Seal o f C ouncil
Section 41Verify source

Part

PART IX

§ 42Power o f delegationProvision

The Council may delegate its functions to the Registrar or one of its members, and people acting in good faith under the Act are not personally liable for those acts or omissions.

42. T he Council may delegate to the Registrar or any o f its members to perform any function conferred upon it by this Act. 43. No matter or thing done or omitted to be done by the Council, member. Committees, the Registrar or any other person empowered to perform any function under this Act shall, if done or omitted to be done in good faith in execution or purported execution o f his functions under this Act. render the Council, member. Committees, the Registrar or such any person personally liable for the matter or thing done or omitted to be done.
Section 42Verify source
§ 44Seal o f CouncilProvision

The Registrar must keep the Council’s seal, and any use of the seal on a document must be authenticated by the signatures of the Chairman and the Registrar.

44. (I) The seal of the Council shall be kept under the custody of the Registrar. (2) The affixing o f the seal of the Council on any document shall be authenticated by the signature of the Chairman and the Registrar. (3) A document purporting to be any instrument issued by the Council and authenticated in the manner provided for under subsection (2) shall be deemec} to be valid instrument and admissible in evidence. C ouncil to give reaso n s for its decisio n
Section 44Verify source
§ 45Council to give reasons for its decisionProvision

The Council must clearly state its decision on registration or re-registration applications, explain the reasons, and notify the applicant by registered mail.

45.—(1) Any decision o f the Council w ith respect to application for registration or re-registration shall be stated categorically and the reasons shall be explained as may enable a person in respect of whom that decision has been made to understand the nature of the decision. 48 No. 20 Environmental Health / w „ . ,lt e n (Registration) 200' (2) A decision of the Council shall be notified orcom nu,m’calcc*10 ^1C applicant by means o f a registered mail. * 'r
Section 45Verify source
§ 46Amendment of SchedulesAmendment

The Minister may amend, vary, or replace the Schedules to this Act, but only on the advice of the Council and by Order published in the Gazette.

46. The Minister may, on the advise o f the Council and by OrdL,. published in the Gazette, amend, vary or replace Schedules to this Act. A m e n d ­ m ent o f ■hedule: S c.
Section 46Verify source
§ 47RegulationsProvision

The Minister may make regulations on advice of the Council about registration forms, procedures, fees, extra experience requirements, inquiries, evidence at inquiries, suspension or cancellation of registration, and other prescribed matters.

47. T he Minister may. on advise of the Council, make regulations R egulations w ith respect to any of the follow ing matters: (a) prescribing the forms, the manner, the procedure and the fees pay able in respect o f applications for registration under this Act; (b) prescribing the additional requirements relating to experience required for registration which is to be made under this Act; (c) the conduct of inquiries by the Council, and the attendance of witnesses and production o f evidence at inquiries under this Act. including the power to make cvidcncc on oath: (d) prescribing the grounds for suspension or cancellation o f a registration under this Act: (e) any thing which is required or permitted to be prescribed for under this Act.
Section 47Verify source
§ 48(1) An Environmental Health Practitioner who, immediatelyProvision

Certain unregistered Environmental Health Practitioners are exempt from section 12 conditions, but they must register under the Act within 12 months of the Act starting.

48.-(1) An Environmental Health Practitioner who, immediately before coming into operation of this Act. was not registered shall be exempted from the conditions stipulated under section 12. TninsHiona provisioi (2) Notw ithstanding the provisions of subsection (1). each of such Environment I lealth Practitioner shall be required to register under this Act within twelve months from the date o f coming into operation of this Act. FIRST S C H E D U L E (Made under section -1(3)) C o m p o s i t i o n P r o c e d u r e a n d C o n d u c t o f M e e t in g s o f t h e C o u n c il l . - ( l ) The C ouncil shall consist o f the follow ing m em b e rs- (a) :i C hairm an w ho shall be appointed from am ongst Senior E n v iro n m e n ta l H ealth P ractitioners; 49 C om posi lio n o f th e C ouncil and No. 20 Envitonm cnto ^ jqeajth Practitioners (Registration) 2007 (' vo) the H ead o f E nvironm ental Health Section in the M inistry responsible for H ealth; the C hairm an o f an A ssociation o f E nvironm ental H ealth Practitioners; (c) (d ) State A ttorrney representing the A ttorney-G eneraP s O ffice; (e) one rep resen tativ e from the in stitu tio n s w h ich provide env iro n m en tal health studies; ( 0 one representative from am ongst private environm ental health officers; one representative from the Tanzania Food and D rugs A gency; (g) one representative from the M inistry responsible for environm ent; (h ) a retired E nvironm ental Health O fficer w ith good reputation; (i) one representative o f the National E nvironm ent M anagem ent C ouncil; (j) (k) (1) (m ) one representative from the O ccupational Safety and H ealth Agency. one representative from Hotel A ssociation o f Tanzania; one representative from consum er association; and (2) T he m em bers o f the C ouncil shall be appointed by the Minister. (3 ) U pon appointm ent o f m em bers under paragraph (2). the M inister shall consider g ender balance in the C ouncil. (4 ) A m em ber o f the Council shall, unless lie resigns or his appointm ent is revoked by the M inister, hold office for a period o f three years from the date o f appointm ent and shall be eligible for re-appointm ent. (5) A person w ho is a m em ber by v irtue o f his office shall cease to be a m em ber upon ceasing to hold office in respect o f w hich he is a m em ber o f the Council. (6 ) T he M inister m ay fill any vacancy occuring in the m em bership and m ay revoke an y ap pointm ent o f any m em ber, and appoint a replacem ent in accordance w ith the system o f representation contained in subparagraph (1).
Section 48Verify source
§ 2ApplicationProvision

Members must elect a Vice-Chairman of the Council from among themselves.

2 . - ( l ) the m em bers shall elect a V ice-Chairm an o f the C ouncil from am ongst their > ft num ber. (2 ) T he V ice-C hairm an shall, subject to his continuing to be a m em ber, hold office for a term o f three years from the date o f his election and shall be eligible for re-election.
Section 2Verify source
§ 3InterpretationsProvision

The Council must meet as needed for its business and at least once every four months. The Chairman, or the Vice-Chairman if the Chairman is absent, may call an extraordinary meeting on a written request from the majority of members in office. The Chairman or Vice-Chairman must preside at meetings; if both are absent, the members present must choose one of themselves to preside.

3. (1 ) T he C ouncil shall ordinarily m eet at su c h tim es and places as it deem s n ecessary for tran sactio n o f its business, but shall m eet at least o n c e in every four m o n th s. (2) T he C hairm an or in his absence the V ice-Chairm an m ay at any tim e convene an extraordinary m eeting o f the C ouncil, upon a w ritten request by the m ajority o f m em bers in office. (3 ) T he C hairm an or in his absence the V ice-C hairm an shall preside at every m eeting o f the C ouncil and in the absence o f both the C hairm an and the V ice-C hairm an, the m em bers present shall appoint a m em ber from am ongst them selves to preside over the m eeting. 50 te n u re o f o f f ic e E le c tio n o f th e Vice C h a irm a n M e e tin g o f the C ouncil A b s e n t m e m b e rs No. 20 Environm ental Health Practitioners (Registration) 200'
Section 3Verify source
§ 4Establishment o f the CouncilProvision

A Council member who is unable to attend a meeting may nominate someone from his organization to represent him.

4. I f a m em b e r o f the C ouncil w ho is a m em ber by virtue o f his office is unable for any reason to atten d any m eeting o f the Council he m ay nom inate a n o th er person from his o rganization to represent him in the m eeting.
Section 4Verify source
§ 5Functions and powers of the CouncilProvision

A meeting of the Council has a quorum only when half of the members in office are present.

5. T h e qu o ru m at an y m eeting o f the C ouncil shall be h a lf o f the m em bers in officc.
Section 5Verify source
§ 6Establishment of CommitteesProvision

Council decisions are normally made by majority vote of members present, with the presiding person having a casting vote if votes are equal.

6 .-(T ) S u b je c t to th e p ro v isio n s o f su b -p a rag ra p h (2 ). m a tte rs p ro p o se d to be deliberated upon at a m eeting o f the C ouncil shall be decided by a m ajority o f the votes o f the m em bers p re sen t and in the event o f an equality o f votes the person presiding over th e m eeting shall have a casting vote in addition to his deliberative vote. to be represent* Q uorum / D ecisioh o f the C oun cil (2 ) N o tw ith sta n d in g the provisions o f subparagraph ( I ) , w here the C h airm an so directs a decision m ay be m ade by the Council w ithout a m eeting by circulation o f the relevant p a p e rs a m o n g the m em bers, and the expression o f the view s o f the m em bers in w riting shall c o n stitu te the decision o f the C ouncil but any m em b er m ay require that the decision be deferred and the subject m atter be considered at a m eeting o f the C ouncil
Section 6Verify source
§ 7Functions o f the Council CommitteesAmendment

The Council must keep minutes of its meetings and have them read, confirmed or amended and confirmed at the next meeting, then signed by the presiding person and the Secretary.

7 . - ( l ) T h e C o u n c il shall c au se to be recorded and kept m inutes o f all b u sin e ss conducted or transacted at the m eeting and the m inutes o f each m eeting o f the C ouncil shall be read and c o n firm ed or am ended and confirm ed at the next m eeting o f the C ouncil and signed by the person presiding and the Secretary to the m eeting. M inutes o f the M eetinn; (2 ) A ny m inutes purpoting to be signed by the person presiding and the Secretary at a m eeting o f the C ouncil shall in the absence o f p ro o f o f error, be deem ed to be a correct record o f the m eeting w hose m inutes they purport to be. Validity of procecdii
Section 7Verify source
§ 8Section 8Provision

The Council’s acts or proceedings remain valid even if there is a vacancy among its members or a defect in someone’s appointment.

8. T h e validity o f any act o r proceeding o f the C ouncil shall not be affected by any vacancy a m o n g its m em bers or by any dcfcct in the appointm ent o f any o f them .
Section 8Verify source
§ 9Functions and powers of the RegistrarProvision

The Council may regulate its own proceedings, subject to this Schedule.

9. S u b je c t to the pro v isio n s o f this Schedule, the C ouncil m ay regulate its ow n p ro ceed in g s. C ouncil m a y regulate its* proceedi P ro o f i doc^rluc
Section 9Verify source
§ 10Other staffProvision

Documents appearing to be under the Registrar’s hand about Council resolutions or issued for the Council must be accepted as evidence, unless the contrary is shown.

10. A ny d o c u m e n t p u rp o rtin g to be under the hand o f the R e g istra r as to any resolution o f the C ouncil or as having been issued on beh alf o f the C ouncil, shall be receivable in all co u rts o r tribunals or other bodies authorized to receive evidence and shall un less the contrary is show n, be deem ed, w ithout further proof, to be sufficient evidence o f w h at is contained is the docum ent. I 51 No. 20 Environm ental Health Practitioners (Registration) 2007 SE C O N D S C H E D U L E Feus (Made under section 12(2)) M a ile rs to r w h ic h Ic e s sh all he p ayable:
Section 10Verify source
§ 1Short title and commencementShort title

This section appears to refer to full registration as an environmental health officer and includes “50.000”.

1. F ull R e g is tra tio n a s an E n v iro n m e n ta l H ealth O lf ie e rs 5 0 .0 0 0
Section 1Verify source
§ 2ApplicationProvision

Section heading for “Provisional Registration.”

2. P ro v is io n a l R e g is tr a tio n ................................................................... 2 5 .0 0 0 *
Section 2Verify source
§ 3InterpretationsProvision

Section heading: Temporary Registration.

3. T e m p o ra r y R e g is tr a tio n ............................................................................. 2 0 0 IJS S
Section 3Verify source
§ 4Establishment o f the CouncilProvision

Section heading referencing a licence to practice.

4 . L ic e n c e to p r a c tic e .................................................................................... 5 0 .0 0 0
Section 4Verify source
§ 5Functions and powers of the CouncilProvision

The provision appears to set fees for entering an additional qualification in the Register and for issuing a duplicate certificate and licence.

5. O n e n te r in g in th e R e g is te r a n y ad d itio n al o r q u a lific a tio n 1 0 .0 0 0 6 Issu e o f a d u p lic a te c e rtific a te a n d lic e n c e ........................................ 2 5 .0 0 0
Section 5Verify source
§ 7Functions o f the Council CommitteesProvision

The text refers to an annual retention fee for a name in the Register and a schedule for applications for admission to the register of environment practitioners.

7. A n n u a l re te n tio n fee o f th e n a m e in (he R e g is te r 2 0 .0 0 0 T IIIR D S C H E D U L E (Made under section 13(D) A p p l i c a t i o n f o r A d m is s io n t o t h e r e g is t e r o f E n v i r o n m e n t t a i. H h a i.tw P r a c t it io n e r s (T o be filled in print or capital letters) S u rn am e: ................................................................... PART 1: PA R TIC U LA R S O F T H E A P PL IC A N T
Section 7Verify source

Part

PART 1: PA R TIC U LA R S O F T H E A P PL IC A N T

§ 2ApplicationProvision

2. O th e r N a m e s................................................................

2. O th e r N a m e s................................................................
Section 2Verify source
§ 3InterpretationsProvision

This provision appears to be a section heading for interpreting the term “Sex.”

3. Sex:............................................................\
Section 3Verify source
§ 4Establishment o f the CouncilProvision

A field for entering the date and year of birth is shown.

4. D ate and year o f birth :.............................................
Section 4Verify source
§ 5Functions and powers of the CouncilProvision

5. N atio n ality :.................................................................... C o n (act a d d re ss :..........................................................

5. N atio n ality :.................................................................... C o n (act a d d re ss :..........................................................
Section 5Verify source
§ 9Functions and powers of the RegistrarProvision

This text asks for the employer’s name, the employer’s address, and basic professional qualifications.

9. N a m e o f E m p lo y e r .......................... A d d r e s s o f E m p lo y e r :...................... B a s ic p ro fe s s io n a l q u a lific a tio n s:
Section 9Verify source
§ 10Other staffProvision

This section asks for additional qualifications and the training institutions attended, including duration and years for each training.

10. A dditional qualifications: ............ 52 i No. 20 Environmental IIccthh Practitioners (Registration) 2007 I I . N am e o f training institutions attended (specify duration and vcars for each training) ........................................................•'....................’............................... (a) ............................................................................................................................................................. ( b ) .................................................................................................... (c) (d) ..............................................................................................................
Section 10Verify source
§ 12Qualifications for registrationProvision

12. R egistration n u m b er outside T anzania................................................................................

12. R egistration n u m b er outside T anzania................................................................................
Section 12Verify source
§ 13Procedure for registrationProvision

The applicant must certify that the information provided is true and correct.

13. I hereby certify that, the inform ation given above is true and correct D ate: ........... ' ............................................................................ S ignature o f A pplicant: ........................................................ PART B: D E C ISIO N O F T H E C O U N C IL (a) T he application has been A pproved D ispprovcd (b) R easo n s for disapproval: ................................................................................................ l5ate:........................................... S ignature o f the Registrar: S ignature o f the C hairm an: FO U RTH S C H E D U L E (Made under section 21(1)) C o d e o f C o n d u c t f o r E n v ir o n m e n t a l H e a l t h P r a c t it io n e r s E nvironm ental Health Practitioners shall:
Section 13Verify source

Part

PART B: D E C ISIO N O F T H E C O U N C IL

§ 1Short title and commencementShort title

It requires maintaining the highest technical competency in all aspects of environmental practice.

1. Strive to attain and m aintain the highest technical com petency in all aspects o f cnvironm m ental practice.
Section 1Verify source
§ 2ApplicationProvision

He must act with scrupulous fairness and honesty in his professional and private activities and refuse any bribe or corruption.

2. E nsure scrupulous fairness and honesty in all his professional and private activities and refuse any form o f bribe or corruption.
Section 2Verify source
§ 3InterpretationsProvision

The person described must act politely and courteously, serve the community to the best of his ability, and use discretion, patience, tact, and impartiality in performing his duties.

3. B e a w are c o n sta n tly th at, he is the servant o f the people and m ust th erefo re m aintain a polite and c o u rteo u s m an n e r to all m em bers o f the co m m u n ity and strive to serve them to the best o f his ability at all times. •1. Exercise discretion, patience, tact and impartiality in conducting his duties.
Section 3Verify source
§ 5Functions and powers of the CouncilProvision

Practice punctuality and reliability in meeting work commitments.

5. Practice punctuality and reliability in m eeting o f his w ork com m itm ents.
Section 5Verify source
§ 6Establishment of CommitteesProvision

He must maintain a co-operative and supportive attitude toward colleagues in the health services and other sectors.

6. M aintain co-operative and supportive attitude to his colleagues in the health services and o th er sectors.
Section 6Verify source
§ 7Functions o f the Council CommitteesProvision

The practitioner must carry out duties with integrity, motivation, self-discipline, and creativity, and be a model to others.

7. C arry out his duties with high integrity, m otivation, se lf discipline and creativity that he m ay be m odel to others. No. 20 Environmental Health Practitioners (Registration) 2007
Section 7Verify source
§ 8Section 8Provision

This text says environmental health practitioners are to be exposed to other organizations to share ideas and support community health.

8. E xpose E nvironm ental Health Practitioners to other organizations for the sale o f expandin g and exchanging ideas for the benefit o f prom oting the health o f the com m unities.
Section 8Verify source
§ 9Functions and powers of the RegistrarProvision

Give full technical support and guidance to subordinate staff.

9. G ive full technical support and guidance to subordinate staff.
Section 9Verify source
§ 10Other staffProvision

The provision states that someone must be accountable for the quality, standard, and integrity of Environmental Health Practitioners.

10. B e accountable for the quality, standard and integrity o f E nvironm ental Health P ractitio n ers.
Section 10Verify source
§ 11Register of Environmental Health PractitionersProvision

An Environmental Health Practitioner must always protect the integrity of the post and avoid bringing the profession into disrepute.

11. M aintain at all tim e the integrity o f the post o f E nvironm ental H ealth Practitioner to en su re that, the profession is not brought into d isrepute by eith er h im self or o th e rs.
Section 11Verify source
§ 12Qualifications for registrationProvision

The person referred to must meet the demands of his duties, even if it takes time or effort.

12. M eet the dem ands o f his duties irrespective o f tim e or effort required.
Section 12Verify source
§ 13Procedure for registrationProvision

Drinking alcohol during office hours and smoking in the office are not allowed.

13. D rinking o f alcohol during office hours and sm oking in office shall not be allowed.
Section 13Verify source
§ 14Particulars to be entered in the RegisterProvision

Maintain decency in accordance with the Public Service Standing Orders.

14. M aintain decency in accordance w ith the Public Service S tanding O rd ers 199-1 E ditio n . Passed in the National Assembly on the 31st October. 2007. D a m ia n S . L . F o r a , Clerk o f the National Assembly 54
Section 14Verify source

Legislative relationships

3 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

3 instruments

  • Code o f Conduct prov ided for under the Fourth Schedule to this Act

    Section 21

  • Council appointed under section 8 of this Act

    Section 3

  • First Schedule to this Act

    Section 4

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