The Written Laws (Miscellaneous Amendments) Act, 2017
This section gives the Act’s citation title: the Written Laws (Miscellaneous Amendments) Act, 2017.
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About this statute
This section gives the Act’s citation title: the Written Laws (Miscellaneous Amendments) Act, 2017. This section says the Act amends specified Written Laws through the Parts that follow. This Part is to be read together with the Dar es Salaam Water Sewerage Authority Act, and the text refers to an amendment of section 6. This section amends section 6 of the principal Act by adding new paragraphs about water and sewerage services, meter work, supply disconnection or reduction, bulk water sales, and community support activities. This Part must be read together with the Education Act, which is called the principal Act.
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Provisions of The Written Laws (Miscellaneous Amendments) Act, 2017
Showing 39 of 39
Part
PART I
- 1
AI-assisted research summary: This section gives the Act’s citation title: the Written Laws (Miscellaneous Amendments) Act, 2017.
1. This Act may be cited as the Written Laws (Miscellaneous Amendments) Act, 2017. Amendment of Certain Written Laws - 2 Verify source ↗
Short title
AI-assisted research summary: This section says the Act amends specified Written Laws through the Parts that follow.
2. The Written Laws specified in various Parts of this Act are amended in the manner specified in their respective Parts. PART II AMENDMENT OF THE DAR ES SALAAM WATER AND SEWERAGE AUTHORITY ACT, (CAP.273) Construction Cap.273
Part
PART II
- 3
AI-assisted research summary: This Part is to be read together with the Dar es Salaam Water Sewerage Authority Act, and the text refers to an amendment of section 6.
3. This Part shall be read as one with the Dar es Salaam Water Sewerage Authority Act, hereinafter referred to as the “principal Act”. 6 No. 9. The Written Laws (Miscellaneous Amendments) (No.3) Act, 2017 Amendment of section 6 - 4
AI-assisted research summary: This section amends section 6 of the principal Act by adding new paragraphs about water and sewerage services, meter work, supply disconnection or reduction, bulk water sales, and community support activities.
4. The principal Act is amended in section 6, by- (a) inserting immediately after paragraph (j) the following new paragraphs: “(k) (l) (m) (n) (o) (p) used from appliances provide water supply and sewerage services in DAWASA Designated Areas; fix, inspect, read, check, clean or remove or replace any meter or in similar connection with water and sewerage services; disconnect the supply of water or sewerage any services premises or to diminish, withhold or divert the services through or by means of any pipe or fitting wholly or in part; to produce and sell bulk water to retailers; to provide community organizations; and to facilitate the community to form in community collaboration local government authorities;” and organizations with technical support to (b) re-naming paragraphs (k) and (l) as paragraphs (q) and (r) respectively. PART III AMENDMENT OF EDUCATION ACT, (CAP.353) Construction Cap.353
Part
PART III
- 5
AI-assisted research summary: This Part must be read together with the Education Act, which is called the principal Act.
5. This Part shall be read as one with the Education Act, hereinafter referred to as the “principal Act”. Amendment of section 15 by- - 6
AI-assisted research summary: This provision amends section 15(1) by deleting one paragraph and renaming later paragraphs.
6. The principal Act is amended in section 15(1), (a) deleting paragraph (a); and (b) renaming paragraphs (b) to (f) as paragraphs 7 No. 9. The Written Laws (Miscellaneous Amendments) (No.3) Act, 2017 Amendment of section 16 Amendment of section 60 (a) to (e) respectively. - 7 Verify source ↗
No. 9
AI-assisted research summary: This section changes section 16 of the principal Act by replacing “Minister” with “Commissioner” in specified subsections.
7. The principal Act is amended in section 16, by deleting the designation “Minister” wherever it appears in subsections (2), (3), (4), (5) and (7) and substituting for it the designation “Commissioner”. - 8 Verify source ↗
Amendment of section 60
AI-assisted research summary: This section amends section 60(1) of the principal Act, replacing “Minister” with “Commissioner” in one paragraph and replacing another paragraph on managing a school without approval.
8. The principal Act is amended in section 60(1), by- (a) deleting the designation “Minister” appearing in paragraph (a) and substituting for it the designation “Commissioner”. (b) deleting paragraph (b) and substituting for it the following: “(b) manage any school without having been approved as owner or manager or in either case continues to manage the school after the withdrawal of his approval.”. PART IV AMENDMENT OF THE LAW OF THE CHILD ACT, (CAP. 13) Construction Cap. 13
Part
PART IV
- 9
AI-assisted research summary: This section says Part 9 must be read together with the Law of the Child Act, which is called the principal Act.
9. This Part shall be read as one with the Law of the Child Act, hereinafter referred to as the “principal Act”. Amendment of sections 3 - 10 Verify source ↗
Construction
AI-assisted research summary: This provision replaces the definitions of “crèche” and “day care centre” in section 3.
10. The principal Act is amended in section 3, by deleting the definitions of the terms “crèche” and “day- care centre” and substituting for them the following: ““crèche” means an early childhood development establishment registered for purpose of providing child care for children below the age of two years for the day or a substantial part of the day, with or without fees; “day care centre” means an early childhood development establishment registered for the purpose of receiving and providing 8 No. 9. The Written Laws (Miscellaneous Amendments) (No.3) Act, 2017 child care for children of the age of not less than two years but below the age of five years for the day or a substantial part of the day with or without fees;”. PART V AMENDMENT OF THE MINING ACT, (CAP. 123) Construction Cap. 123 Amendment of section 21
Part
PART V
- 11
AI-assisted research summary: This section says this Part must be read together with the Mining Act, called the principal Act.
11. This Part shall be read as one with the Mining Act, hereinafter referred to as the “principal Act”. - 12 Verify source ↗
Construction
AI-assisted research summary: The Attorney General may intervene in suits or matters involving the Commission, and the Commission must notify the Attorney General about impending suits or plans to start one.
12. Section 21 of the principal Act is amended- (a) by inserting immediately after subsection (2) the following new subsection: “(3) Notwithstanding preceding provisions of this section, the Attorney General shall have the right to intervene in any suit or matter instituted by or against the Commission. to subsection (3), (4) Where the Attorney General intervenes in any matter the pursuant provisions of the Government Proceedings Act, shall apply in relation to the proceedings of that suit or matter as if it has been instituted against the Government. (5) The Commission shall have the duty to notify the Attorney General of any impeding suit or intention to institute a suit or matter for or against the Commission.” (b) by renumbering subsections (3) to (7) as subsections (6) to (10) respectively. 9 No. 9. The Written Laws (Miscellaneous Amendments) (No.3) Act, 2017 PART VI AMENDMENT OF THE NATURAL WEALTH AND RESOURCES (PERMANENT SOVEREIGNTY) ACT, (ACT NO. 5 OF 2017) Construction Act No. 5 of 2017
Part
PART VI
- 13
AI-assisted research summary: This section says Part 13 must be read together with the principal Act and notes an amendment of section 3.
13. This Part shall be read as one with the Natural Wealth and Resources (Permanent Sovereignty) Act, herein after referred to as the “principal Act”. Amendment of section 3 - 14 Verify source ↗
Construction
AI-assisted research summary: This provision amends the definition of “natural wealth and resources” by replacing part of the wording.
14. Section 3 of the principal Act is amended in the definition of the term “natural wealth and resources” by deleting the words “and fauna, flora” and substituting for it the words “mineral resources, petroleum resources, fauna and flora,”. PART VII AMENDMENT OF THE PETROLEUM ACT, (CAP. 392) Construction Cap. 392 Amendment of section 47
Part
PART VII
- 15
AI-assisted research summary: This Part is to be read together with the Petroleum Act.
15. This Part shall be read as one with the Petroleum Act, hereinafter referred to as the “principal Act”. - 16 Verify source ↗
Construction
AI-assisted research summary: This section amends section 47 of the principal Act by deleting subsection (6) and introduces Part VIII on the repeal of the Rufiji Basin Development Authority Act (Cap. 138).
16. The principal Act is amended in section 47, by deleting subsection (6). PART VIII REPEAL OF THE RUFIJI BASIN DEVELOPMENT AUTHORITY ACT, (CAP.138) Repeal of Cap.138 Vesting of assets and liabilities
Part
PART VIII
- 17
AI-assisted research summary: This provision repeals the Rufiji Basin Development Authority Act.
17. The Rufiji Basin Development Authority Act, is hereby repealed. - 18 Verify source ↗
Repeal of Cap.138
AI-assisted research summary: When the Rufiji Basin Development Authority Act is repealed, the Authority’s assets, rights, liabilities, and obligations move to the Ministry responsible for development and planning.
18.-(1) Consequent upon the repeal of the Rufiji Basin Development Authority Act, all assets, interests, rights, privileges, liabilities or obligations vested in Rufiji Basin Development Authority shall be vested in the Ministry responsible for development and planning. 10 No. 9. The Written Laws (Miscellaneous Amendments) (No.3) Act, 2017 (2) The Minister responsible for development and planning the Minister in consultation with responsible for Agriculture may, by notice published in the Gazette, determine the assets and liabilities to be allocated to the Ministry and to other government institutions or departments. (3) Where any question arises as to whether any particular property, or any particular asset, interest, right, privilege, liability or obligation has been transferred to or vested in accordance with provisions of subsection (1), a certificate under the hand of the Minister responsible for development and planning shall be conclusive evidence that the property, asset, interest, right, privilege, liability or obligation was or was not so transferred or vested. - 19
AI-assisted research summary: Some Rufiji Basin Development Authority employees or staff must be transferred to public offices if they are needed for ministry or government work, and the transfer must be on terms no less favorable than before.
19.-(1) Employees or staff of the Rufiji Basin Development Authority who are necessary for the purposes of the Ministry or government institutions or departments shall, subject to laws and procedures governing public service be transferred to public offices on such terms and conditions not less favorable than those applicable to them before the transfer. (2) Every employee or staff of the Rufiji Basin Development Authority whose service is not transferred to public office shall be paid terminal benefits in accordance with the applicable laws and regulations governing the terms and conditions of his service immediately before the termination. (3) An employee or staff who is deemed to be employed or transferred to public office shall continue to be a member of a statutory, voluntary pension or any other superannuation scheme in accordance with the laws and regulations governing the scheme. - 20 Verify source ↗
Employees of Rufiji Basin Development Authority
AI-assisted research summary: Transferred deeds, agreements, and related instruments remain valid and enforceable, and related proceedings may continue against or by the Ministry or relevant government bodies.
20.-(1) and working All deeds, bonds, agreements, subsisting instruments immediately before the repeal of the Rufiji Basin Development Authority Act, transferred to the Ministry or to government institutions or departments shall continue in full force and shall be enforceable by or arrangement 11 Employees of Rufiji Basin Development Authority Deeds, bonds, agreements and instruments Cap. 138 No. 9. The Written Laws (Miscellaneous Amendments) (No.3) Act, 2017 against the Ministry or government departments. institutions or (2) Any proceeding or cause of action relating to the property, rights and liabilities transferred to the Ministry or to government institution or departments under this Part or to any employee transferred, may be continued and shall be enforced by or against the Ministry, government institutions or departments. PART IX AMENDMENT OF THE SURFACE AND MARINE TRANSPORT REGULATORY AUTHORITY ACT, (CAP. 413) Construction Cap. 413
Part
PART IX
- 21
AI-assisted research summary: This Part must be read together with the principal Act.
21. This Part shall be read as one with the Surface and Marine Transport Regulatory Authority Act, hereinafter referred to as the “principal Act”. Amendment of section 3 - 22
AI-assisted research summary: Section 3 of the principal Act is amended to replace two definitions and add a new definition for “Internal Review Committee” and an expanded definition of “standards”; the text also mentions a new section 16A.
22. The principal Act is amended in section 3, by deleting the definitions of the terms “Special Review Committee” and “standards” and substituting for them the following new definitions- ““Internal Review Committee” means the Committee appointed by the Authority pursuant to section 26; and “standards” includes the standard relating to safety and service delivery established by the Authority.” Addition of new section 16A - 23
AI-assisted research summary: This provision says the principal Act is amended by adding a new section after section 16, titled “Power to review or suspend rates or charges.”
23. The principal Act is amended by adding immediately after section 16 the following new section: “Power to review or suspend rates or charges - 16A Verify source ↗
(1) The Authority may,
AI-assisted research summary: The Authority may review rates or charges if there is an error, and may suspend approved rates or charges while an aggrieved party’s application is being determined.
16A.-(1) The Authority may, upon receiving information on an error in the rates of charges or on its own motion recognizing an error in the rates or charges review such rates or charges. (2) The Authority may suspend approved rates or charges pending determination of an application of an aggrieved party on such rates or charges. 12 No. 9. The Written Laws (Miscellaneous Amendments) (No.3) Act, 2017 Amendmernt of section 30 - 24 Verify source ↗
Construction
AI-assisted research summary: Section 30(1) is amended to add a new paragraph allowing research on matters affecting consumers of a regulated subsector.
24. The principal Act is amended in section 30(1), by adding immediately after paragraph (e) the following new paragraph: “(f) to conduct research on matters affecting interests of consumers of a regulated subsector;”. PART X AMENDMENT OF THE TANZANIA COMMUNICATION REGULATORY AUTHORITY ACT, (CAP. 172) Construction Cap. 172 Amendment of sections 3
Part
PART X
- 25
AI-assisted research summary: This Part is to be read together with the Tanzania Communication Regulatory Authority Act.
25. This Part shall be read as one with the Tanzania Communication Regulatory Authority Act, hereinafter referred to as the “principal Act”. - 26
AI-assisted research summary: This section changes section 3 of the principal Act by replacing the definition of “Divisional Director” with a definition of “Director” as a Director appointed under section 14.
26. The principal Act is amended in section 3, by deleting the definition of the term “Divisional Director” and substituting for it the following: “Director” means a Director appointed under section 14;” Amendment of sections 14 - 27 Verify source ↗
Construction
AI-assisted research summary: The Authority must employ Directors and assign their responsibilities; a director needs proven knowledge and suitable experience, serves for five years, and may be re-appointed if performance is satisfactory and the Authority considers it necessary.
27. The principal Act is amended in section 14, by deleting subsections (1), (2) and (3)and substituting for them the following: “(1) There shall be employed by the Authority, such number of Directors with respective responsibilities as may be assigned by the Authority. (2) A director appointed under subsection (1), shall be a person who has proven knowledge and appropriate experience in electronic related matters communication sector. to (3) A Director shall hold office for a term of five years and may, subject to satisfactory performance, be eligible for re- appointment for another term as the Authority deems necessary”. 13 No. 9. The Written Laws (Miscellaneous Amendments) (No.3) Act, 2017 PART XI AMENDMENT OF THE TANZANIA FOOD, DRUGS AND COSMETICS ACT, (CAP. 219) Construction Cap. 219
Part
PART XI
- 28
AI-assisted research summary: This Part must be read together with the Tanzania Food, Drugs and Cosmetics Act (the principal Act).
28. This Part shall be read as one with the Tanzania Food, Drugs and Cosmetics Act, hereinafter referred to as the “principal Act”. Amendment of section 3 - 29
AI-assisted research summary: This section replaces the definition of “medical device” in section 3 with a broader list of products and intended uses.
29. The principal Act is amended in section 3, by deleting the definition of the term “medical device” and substituting for it the following: “medical device” means any instrument, apparatus, laboratory equipment and reagent, implement, machine, appliance, implant, in vitro reagent or calibrator, software, material or other similar or related article which is intended by manufacturer to be used alone or in combination for human beings or other animals, for the following purpose of- (a) diagnosis, prevention, monitoring treatment or alleviation of diseases or compensation for an injury; (b) investigation, replacement, modification, support, the anatomy or of a physiological process; (c) supporting sustaining life; or (d) control of conception; or (e) providing information for or medical diagnostic purposes by 14 No. 9. The Written Laws (Miscellaneous Amendments) (No.3) Act, 2017 of vitro means examination or specimen derived from the human body or other animal, that it does not except primary its achieve intended action in or on the human by pharmacological, immunological metabolic means. body or Amendment of section 105 - 30 Verify source ↗
Construction
AI-assisted research summary: This provision amends section 105(1)(a) of the principal Act by adding the word “practitioner” after “health practitioners”.
30. The principal Act is amended in section the word laboratory immediately after the words “health 105(1)(a), by adding “practitioner,” practitioners”. PART XII AMENDMENT OF THE URBAN PLANNING ACT, (CAP.355) Construction Cap. 355
Part
PART XII
- 31
AI-assisted research summary: This Part must be read together with the Urban Planning Act, which is called the principal Act.
31. This Part shall be read as one with the Urban Planning Act, hereinafter referred to as the “the principal Act”. Addition of section 6A - 32 Verify source ↗
Construction
AI-assisted research summary: The principal Act is amended by inserting new sections immediately after section 6.
32. The principal Act is amended by adding immediately after section 6 the following new sections: - 6A Verify source ↗
(1) There shall be
AI-assisted research summary: The Permanent Secretary must appoint the required number of Town Planners, and those appointees must help the Director carry out duties and powers under the Act.
6A.-(1) There shall be appointed by the Permanent Secretary of the Ministry such number of Town Planners, who shall assist the Director in the performance of his duties and exercise powers vested upon him by this Act at Zonal or other appropriate levels as may be required. (2) The Permanent Secretary shall in appointing a “Appointment of Town Planners 15 No. 9. The Written Laws (Miscellaneous Amendments) (No.3) Act, 2017 this Town Planner under section, the that ensure appointed person is a person of with proven qualification, and practical experience in urban planning. probity skills Delegation of powers by Director - 6B Verify source ↗
The Director may,
AI-assisted research summary: The Director may delegate some of his functions to the Town Planner.
6B. The Director may, in perfoming his functions under this Act, delegate some of his functions to the Town Planner and such delegation the shall be published Gazette.” in PART XIII AMENDMENT OF THE VALUE ADDED TAX ACT, (CAP.148) Construction Cap.149 Amendment of section 6 `
Part
PART XIII
- 33
AI-assisted research summary: This Part must be read together with the Value Added Tax Act.
33. This Part shall be read as one with the Value Added Tax Act, hereinafter referred to as the “principal Act”. - 34
AI-assisted research summary: The Minister may grant VAT exemption by Gazette order for certain goods or services supplied to a Government entity, and the exemption can end if the goods or services are later transferred or sold to an ineligible person.
34. The principal Act is amended in section 6, by the deleting subsection (2) and substituting for it following new subsections: exemption on “(2) Notwithstanding the provision of subsection (1), the Minister may, by order published in the Gazette grant value added a tax Government entity or supply to a Government entity of goods or services to be used solely for- (a) implementation of a project funded imports by by- (i) (ii) the Government; or concessional loan or grant through the an agreement between 16 No. 9. The Written Laws (Miscellaneous Amendments) (No.3) Act, 2017 Government the United of Republic of Tanzania and another Government, donor or lender of a concessional loan: Provided that, such agreement provides for value added tax exemption on such goods or services; or (b) relief of natural calamity or disaster. (3) The exemption granted under this section shall cease to have effect and the value added tax shall become due and payable as if the exemption had not been granted if the said goods or services are transferred, sold or otherwise disposed off in any way to another person not entitled to enjoy similar privileges as conferred under this Act. (4) The order issued by the Minister under subsection (2), shall specify goods or services that are eligible for exemption, commencement and expiry date of the exemption. (5) The Minister may, for the purpose of this section and upon such terms and conditions as may be required- (a) appoint a technical Committee which shall advise the Minister on the granting and monitoring of exemption; and (b) prescribe procedures of monitoring utilization of exemption granted under this section. for purposes (6) The Committee appointed under sub section (5), shall comprise of representatives from the following institutions: (a) the Ministry responsible for finance and planning; (b) the Attorney General’s Office; (c) the Ministry responsible for Local Government; and 17 No. 9. The Written Laws (Miscellaneous Amendments) (No.3) Act, 2017 (d) the Tanzania Revenue Authority. (7) The Committee may co-opt any person with special knowledge or skills to provide expertise on a particular matter as may be required by the Committee. funded by In (8) Government” means a project financed by the Government in respect of- (a) transport, water, gas or power infrastructure; (b) buildings for provision of health or education section, “project this services to the public; or (c) a centre for persons with disabilities.” Amendment of section 7 - 35
AI-assisted research summary: This provision amends section 7 of the principal Act by deleting the words “another government or”.
35. The principal Act is amended in section 7 by deleting the words “another government or”. Amendment of the Schedule - 36 Verify source ↗
Construction
AI-assisted research summary: This section amends the Schedule by replacing item 9 with an exemption for certain imports of goods under an agreement with an international agency.
36. The principal Act is amended in Part II of the Schedule by deleting item 9 and substituting it the following new item: “9. An import of goods that is exempt under agreement entered between the Government of the United Republic and an international agency the Diplomatic and Consular Immunities and Privileges Act.” listed under Cap.346 Passed by the National Assembly on the 12th September, 2017. THOMAS D. KASHILILAH Clerk of the National Assembly 18
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