The National Construction (Amendment) Act, 2007

1. Short title and construction. PART II G i •: n i •: r a i. A m i •: n i) m i: m s

10. Amendment of the Schedule. No. 25 National ('(instruction ( 'ouncil (Amendment) 2007 Till- U NI I i:i) R Iv P U B U C ()!■' T A N Z A N IA No. 25 oi-2007 I A s s i '. n i . J a k a y a M k i s i i o K ik w i:n - : President 24lh January. 2008 An Act to amend the National Construction Council Act. l ixACTF.D by Parliament of the United Republic of Tanzania. P A R I I P r i \J.i m i n :.\r y P r o v i s i o n 's

1. 'This Act may be cited as the National Construction ( ouncil short mio (Amendment) Act. 2007 and shall be read as one with the National Construction Council Act hereinafter referred to as "the principal Act . . . . . ;"ui c o n sm io ,jon ( ;ip I (>2 PA R I II Cj i : \ i :r a i A .m i :n o .m i :n i s

2. Section 2 of the principal Act is amended by deleting the definition Amoiui- of the word "Sccretarvv and substituting for it the following — ° ,1K'11 section 2 "C hief Kxecutivc Officer' means the officer appointed pursuant to the provisions of section 6( 1).

3. Section 4 o f the principal Act is repealed and replaced as follows Repeal <>i section -I 145 No. 25 N ational ( Onsl ruction Council (Amendment) 2007 "Fu n ctio n s oT I ho Council

4. The functions of the Council shall be to (a) promote and provide strategic leadership for the growth, development and expansion o f the construction industry in Tanzania w ith emphasis on the development o f the local capacity for socio­ economic development and competitiveness in the changing global environment: (b) advice the government on all matters relating to the development of the construction industry and to formulate proposals and recommendations for their implementation: (c) provide advisory services and technical assistance to construction industry stakeholders on all matters related to the construction industry: (d) promote and co-ordinate quality training for persons engaged, or to be engaged in the construction industry: (e) promote, conduct and co-ordinate research on all matters related to construction industry: (0 provide and promote the documentation and dissemination of construction industry related information including establishment of a register of projects and director) of construction materials and equipment: (g) promote and monitor the development and implementation of standards, regulations and codes of practices on all matters related to the construction industry; (h) promote the use of innovative technologies and the application of best practice in the construction industry: 146 No. 25 N a tio n a l ('(in stru ctio n C ou ncil (Amendment) 2007 (i) promote and establish forums for enhancing industry-wide co-ordination, collaboration and discussion on matters related to the construction industry: (j) benchmark, monitor and evaluate the performance of the construction industry: (k) solicit and manage the fund for training o f personnel in the construction industry: (1) promote quality management including prov ision of technical auditing services in the construction industry; (m) promote environmentally sustainable construction practices including health and safety aspects: (n) promote the export o f goods and serv ices related to the construction industry: and (o) facilitate efficient resolution of disputes in the construction industry"

4. Section 5 o f the principal Act is amended by (a) re-designating figure ” 5" as figure ” 5( 1)"'- (b) adding subsection (2) as follows: "(2 ) The Council shall be a focal print for sector co­ ordination o f all the institutions engaged in the construction industry activities for the purpose of ensuring consolidation, harmonization and competitive performance of the industry

5. Section 6 o f the principal Act is amended (a) in the marginal note, by deleting it and substituting for it the designation "Chief l:\ccutivc Officer*': (b) in subsection ( I ). by vmond- n,cnl 1,1 " \mcnd- m cn t o f section (> 147 No. 25 N ational Construction Council (Amendment) 2007 (i) deleting it and substituting for it the following: "(1) There shall be a Chief l:\ccutivc Officer o f the Council who shaM bo )>v ik> (2) The provisions of subsection (1) shall not affect appointment o f the sitting Chief Ivxecutive Officer/' (ii) renumbering subsections (2). (3) and (4) as subsections (3). (4) and (5) respectively. (iii) deleting the designation "Secretary" wherever it appears in the principal Act and substituting for it the designation "C hief lixccutive Onicer.'

6. Section 9 of the principal Act is repealed.

7. Section 11 of the principal Act is amended (a) in subsection (1). by deleting it and substituting for it the following prov ision "(1) I-very person engaged, or intending to engage in any activity of the construction industry within the United Republic shall, at his own expenses, furnish to the Council information relating to that activity in such form and within such period as max' be prescribed." (b) in subsection (2). by deleting the words "ten thousand" and substituting for it the words "five hundred thousand” : (c) in subsection (3) by deleting the phrase "research in or activity relating to".

8. Section 16 of the principal Act is amended in subsection (2). by deleting the phrase "the Tanzania Audit Corporation Act. 1968"and substituting for it "the phrase the Controller and Auditor GcncraF\

9. The principal Act is amended by Repeal of section 9 A m en d ­ ment o f section I 1 A m en d ­ ment o f section 16 Cap. 2X6 Addition of section 19 N X No. 25 N ational ('onstruction ('ouncil (Amendment) 2007 (a) adding immediately after the heading "P A R T IV G I- N IiR A L P R O V IS IO N S " the following new section

19. The Minister may make regulations for better carrying out of objects and functions o f the Conuncil." (b) renumbering sections " 19"and "20" as "20"and "21

10. The Schedule to the principal Act is amended (a) in paragraph 1. by (i) adding the phrase "among persons with sufficient knowledge in the construction industry and related activities" immediately after the word "President" appearing in sub paragraph (a): Amcnd- |” cnl ol schedule (ii) deleting sub-paragraph (b) and substituting for it the following "(b) seven members representing the public sector appointed by the Minister one each from the following: (i) M inistry resposiblc for infrastructure development: (ii) Ministry responsible for local government: (iii) Ministry responsible for lands, housing and human settlement development: (iv) ministry responsible for water: (\ ) Ministry responsible for finance. (\i) M in is try responsible for science and technology : and (vii) An institution of higher learning training persons to be engaged in construction industry." (iii) deleting sub-paragraph (c) and substituting for it the following "(c) seven other members representing the private sector appointed by the Minister from the professionals, categories o f groups or institutions as follows: 14V No. 25 N ational ('onslm clion Council (Amendment) 2007 two Contractors: (i) (ii) Architects: (iii) linginccrs: (iv) Quantity surveyors: (v) m anulacturers and suppliers o f construction equipment and materials: and (vi) Tanzania Private Sector Foundation.” (b) in paragraph 13. deleting the phrase "Secretary or some other officer of the Council and at least one member of the Council” and substituting for it the phrase "Chief l:\ecutive Officer or any officer o f the Council authorized in writing by the Chief I Executive Officer” . Passed in the National Assembly on the K,h November. 2007. D .w n .w S . L . I ‘< >k .\. Clerk of the N ational Assembly 150