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Parliament of Tanzania

The Written Laws (Miscellaneous Amendments) (No.4) Act, 2017

This Act may be cited as the Written Laws (Miscellaneous Amendments) (No.4) Act, 2017. This section says the Written Laws listed in the Act are amended as set out in their relevant Parts. This Par…

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Tanzania
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38 provisions
Citation
The Written Laws (Miscellaneous Amendments) (No.4) Act, 2017
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01

Purpose and legislative effect

“This Act may be cited as the Written Laws (Miscellaneous Amendments) (No.4) Act, 2017.”

This Act may be cited as the Written Laws (Miscellaneous Amendments) (No.4) Act, 2017. This section says the Written Laws listed in the Act are amended as set out in their relevant Parts. This Part must be read together with the Land Disputes Courts Act, which is called the principal Act here. Section 2 is amended by replacing the definition of “district council” with a new definition of “Council.” This section amends section 10 of the principal Act by deleting the words “of a District Council” from subsection (1).

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Short title

This Act may be cited as the Written Laws (Miscellaneous Amendments) (No.4) Act, 2017.

Section 1

Amendment of section 44

If the High Court makes findings about the legality, propriety, or regularity of a matter sent to it under subsection (2), it must send the file back to the District Land and Housing Tribunal within 14 days of the order.

Section 10

Addition of section 18A

This provision amends the principal Act by inserting a new section immediately after section 18.

Section 20

Amendment of section 22

Section 22’s penalty wording is changed to a higher fine and a longer prison term.

Section 28

04

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Showing 38 of 38 provisions

Amendment 15Substitution 14Repeal 4Provision 4

Part

PART I

§ 1Short titleShort title

This Act may be cited as the Written Laws (Miscellaneous Amendments) (No.4) Act, 2017.

1. This Act may be cited as the Written Laws (Miscellaneous Amendments) (No.4) Act, 2017. Amendment of certain written laws
Section 1Verify source
§ 2Amendment of Certain Written LawsAmendment

This section says the Written Laws listed in the Act are amended as set out in their relevant Parts.

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 LAND DISPUTES COURTS ACT, (CAP. 216) Construction Cap. 216
Section 2Verify source

Part

PART II

§ 3ConstructionAmendment

This Part must be read together with the Land Disputes Courts Act, which is called the principal Act here.

3. This Part shall be read as one with the Land Disputes Courts Act, hereinafter referred to as the “principal Act”. Amendment of section 2
Section 3Verify source
§ 4Amendment of section 2Substitution

Section 2 is amended by replacing the definition of “district council” with a new definition of “Council.”

4. The principal Act is amended in section 2, by deleting the definition of the term “district council” and substituting for it the following: 4 No. 13 Written Laws (Miscellaneous Amendments) (No.4) Act 2017 Cap. 287 Cap. 288 ““Council” has the meaning ascribed to it under (District the Local the Authorities) Act Government (Urban Authorities) Act”; Local Government and Amendment of section 10 Amendment of section 23 Amendment of section 28
Section 4Verify source
§ 5Amendment of section 10Amendment

This section amends section 10 of the principal Act by deleting the words “of a District Council” from subsection (1).

5. The principal Act is amended in section 10, by deleting the words “of a District Council” appearing in subsection (1).
Section 5Verify source
§ 6Amendment of section 23Substitution

This section amends section 23 by replacing the words “one chairman” with “at least a Chairman.”

6. The principal Act is amended in section 23, by deleting the words “one chairman” appearing in subsection (1) and substituting for it the words “at least a Chairman”.
Section 6Verify source
§ 7Amendment of section 28Amendment

This amendment adds a qualification rule for appointment as Registrar: the person must have a law degree from a recognized university and at least 10 years’ experience in law.

7. The principal Act is amended in section 28, by- (a) inserting immediately after subsection (1) the following new subsection: “(2) A person shall not be appointed to be the Registrar unless he holds a degree in law from a recognized university and has experience in the field of law for the period of not less than ten years.”; (b) renumbering subsections (2), (3) and (4) (5) (3), as respectively. subsections and (4) Amendment of section 33 Amendment of section 37
Section 7Verify source
§ 8Amendment of section 33Substitution

This section amends section 33 of the principal Act by changing two words in subsection (2): “fifty” becomes “three hundred” in paragraph (a), and “forty” becomes “two hundred” in paragraph (b).

8. Section 33 of the principal Act is amended- (a) in subsection (2), by deleting the word “fifty” appearing in paragraph (a) and substituting for it the words “three hundred”; and (b) by deleting the word “forty” appearing in paragraph (b) and substituting for it the word “two hundred”.
Section 8Verify source
§ 9Amendment of section 37Substitution

This section changes the amount words in section 37(1): one amount is replaced with “three hundred million” and another with “two hundred million.”

9. The principal Act is amended in section 37(1), by deleting- (a) the words “fifty million” appearing in paragraph (a) and substituting for them the 5 No. 13 Written Laws (Miscellaneous Amendments) (No.4) Act 2017 phrase “three hundred million”; and (b) the words “forty million” appearing in paragraph (b) and substituting for them the words “two hundred million”; Amendment of section 44
Section 9Verify source
§ 10Amendment of section 44Repeal

If the High Court makes findings about the legality, propriety, or regularity of a matter sent to it under subsection (2), it must send the file back to the District Land and Housing Tribunal within 14 days of the order.

10. The principal Act is amended in section 44, the immediately after subsection (2) by adding following new subsection: to the correctness, “(3) Where the High Court has made any findings as legality or propriety of any decision, order or regularity of any proceedings on the matter forwarded to it under subsection (2), the High Court shall remit the file to the District Land and Housing Tribunal within fourteen days from the date of the order”. Repeal and – replacement of section 55
Section 10Verify source
§ 11Repeal and replacement of section 55Repeal

This section replaces section 55 and gives specified land council and tribunal personnel protection from being taken to action or demands for things done in good faith while carrying out, or purporting to carry out, the Act or regulations.

11. The principal Act is amended by repealing section 55 and replacing it with the following: “Protection of members and others 55. No matter or thing done by a Chairman, member, officer, servant or agent of a Village Land Council or Ward Tribunal and District Land and Housing Tribunal shall if done in good faith in the execution or purported execution of the provisions of this Act or of regulations made there under, subject any such person to any action, demand whatsoever.” liability or Amendment of section 56
Section 11Verify source
§ 12Amendment of section 56Amendment

This section amends section 56(2) of the principal Act by changing wording, adding a new paragraph about Court Brokers, and renumbering a paragraph.

12. The principal Act is amended in section 56(2), by: (a) inserting the words “appointment and” before the word “removal” appearing in paragraph (h); (b) inserting the words “Chairman and” between the words “of” and “assessors appearing in paragraph (i); and 6 No. 13 Written Laws (Miscellaneous Amendments) (No.4) Act 2017 (c) adding immediately after paragraph (i) the following new paragraph: “(j) prescribing the general guidance and conduct of Court Brokers”; and (d) renaming paragraph “(j)” as paragraph “(k)”. PART III AMENDMENT OF THE LAND SURVEY ACT, (CAP.324) Construction Cap.324 Amendment of section 2
Section 12Verify source

Part

PART III

§ 13ConstructionProvision

This part is to be read together with the Land Survey Act, which is called the principal Act.

13. This part shall be read as one with the Land Survey Act, hereinafter referred to as the “principal Act”.
Section 13Verify source
§ 14Amendment of section 2Amendment

This section adds a definition for “Zonal Land Surveyor.”

14. The principal Act is amended in section 2, by adding in its appropriate alphabetical order the following new definition: “Zonal Land Surveyor” means, the Surveyor in charge of a zone, representing the Director”. Amendment of section 3 by -
Section 14Verify source
§ 15Amendment of section 3Amendment

The Director must delegate the functions vested in him to the Zonal Land Surveyors.

15. The principal Act is amended in section 3, (a) designating the contents of section 3 as subsection (1); and (b) adding immediately after subsection (1) as designated a new subsection (2) as follows: “(2) The Director shall delegate functions vested to him to the Zonal Land Surveyors who shall assist the Director in the performance of his duties and in the exercise of powers vested upon him by this Act.” Amendment of section 4
Section 15Verify source
§ 16Amendment of section 4Substitution

This provision amends section 4(3) of the Principal Act by replacing an earlier penalty phrase with a higher fine and a one-year imprisonment term.

16. Section 4(3) of the Principal Act is amended by deleting the words “not exceeding fifty thousand shillings or to imprisonment for a term not exceeding twelve months and substituting for them the words “not less than seven hundred and fifty thousand shillings or to imprisonment for a term of one year”. 7 No. 13 Written Laws (Miscellaneous Amendments) (No.4) Act 2017 Amendment of section 6 Amendment of section 9
Section 16Verify source
§ 17Amendment of section 6Substitution

This section amends section 6(2) of the principal Act to replace the penalty wording with a fine of five million shillings or imprisonment for two years.

17. The principal Act is amended in section 6(2), by deleting the words “not exceeding two thousand shillings and substituting for the following words” of five million shillings or to imprisonment for a term of two years”. them
Section 17Verify source
§ 18Amendment of section 9Substitution

This provision changes section 9 by replacing “not exceeding fifty thousand shillings” with “of two million shillings.”

18. The principal Act is amended in section 9, by deleting the words “not exceeding fifty thousand shillings” and substituting for them the words “of two million shillings”. Amendment of section 13
Section 18Verify source
§ 19Amendment of section 13Amendment

Cadastral survey documents submitted to the Director may be generated electronically and are valid for all purposes.

19. The Principal Act is amended in section 13, the immediately after subsection (3) by adding following new subsection: Addition of Section 18A “(4) Without prejudice to the generality of subsection (1) cadastral survey documents submitted to the Director may be generated through electronic form and such documents shall be valid for all purposes.” “Topographical and other maps
Section 19Verify source
§ 20Addition of section 18AAmendment

This provision amends the principal Act by inserting a new section immediately after section 18.

20. The principal Act is amended by adding immediately after section 18 the following new section:
Section 20Verify source
§ 18A(1) The Director shallAmendment

The Director has the exclusive right to prepare, produce, and supply certain maps. Anyone who contravenes this rule commits an offence and may face a fine or imprisonment.

18A.-(1) The Director shall have exclusive right to prepare, produce and supply topographical maps and any other map showing any regional and National boundaries. (2) Any person who contravenes subsection (1), commits an offence and upon conviction shall be liable to a fine of not less than five million shillings but not exceeding ten million to imprisonment for a term of not less than six months but not exceeding two years.” shillings or PART IV 8 No. 13 Written Laws (Miscellaneous Amendments) (No.4) Act 2017 AMENDMENT OF THE NATURAL WEALTH AND RESOURCES CONTRACTS (REVIEW AND RE-NEGOTIATION OF UNCONSCIONABLE TERMS) ACT (ACT NO. 6 OF 2017) Construction Act No. 6 of 2017 Amendment of section 3
Section 18AVerify source

Part

PART IV

§ 21ConstructionProvision

This Part must be read together with the named principal Act.

21. This Part shall be read as one with the Natural Wealth and Resources Contracts (Review and Re-Negotiation of Unconscionable Terms) Act, herein after referred to as the “principal Act”.
Section 21Verify source
§ 22Amendment of section 3Substitution

This section changes the definition of “natural wealth and resources” by replacing the deleted words with “mineral resources, petroleum resources, flora and fauna.”

22. Section 3 of the principal Act is amended in the definition of the term “natural wealth and resources” by deleting the words “and flora fauna” appearing in the third line and substituting for them the following: “mineral resources, petroleum resources, flora and fauna”; PART V AMENDMENT OF THE TOWN PLANNERS REGISTRATION ACT, (CAP.426) Construction Cap.426 Amendment of section 2
Section 22Verify source

Part

PART V

§ 23ConstructionProvision

This section says this Part must be read together with the Town Planners Registration Act, called the principal Act.

23. This Part shall be read as one with the Town Planners Registration Act, hereinafter referred to as the “principal Act”.
Section 23Verify source
§ 24Amendment of section 2Amendment

This section adds definitions for “foreign firm,” “town planning practice,” and “stop order” to section 2.

24. The principal Act is amended in section 2, by inserting in their appropriate alphabetical order the following new definitions: “a foreign firm” means a firm whose majority shares are owned by non-citizens; “town planning practice” includes- (a) preparation of General Planning Schemes including Metropolitan Plans, Master Plans, Strategic Urban Development Plans and Interim Land Use Plans; (b) preparation of Regional and District Physical Development plans and Village Land Use plans; (c) preparation for redevelopment or renewal, of regularization, institutional management plans, neighborhood detailed plans of 9 No. 13 Written Laws (Miscellaneous Amendments) (No.4) Act 2017 unit plans and any other site plans; (d) preparation of national or regional policies and strategies pertaining to planning and housing; and (e) preparation of various technical guidelines to guide development; and “stop order” means an order issued by the Board under this Act.” Amendment of section 4 by: Cap.5
Section 24Verify source
§ 25Amendment of section 4Amendment

This section amends section 4 of the principal Act to make the Board a body corporate, give the Attorney General a right to intervene in cases involving the Board, and require the Board to notify the Attorney General of impending suits.

25. The principal Act is amended in section 4, (a) inserting immediately after subsection (1) the following new subsections: “(2) The Board shall be a body corporate and shall; (a) have perpetual succession and common seal; (b) in its corporate name be capable of- (i) (ii) suing and being sued; acquiring, and holding disposing of movable and immovable property; and (iii) entering into Contracts or other transactions and doing all other acts and things which a body corporate may lawfully perform; (3) Notwithstanding the provisions of this section, the Attorney General shall have the right to intervene in any suit or matter instituted by, or against the Board. (4) Where the Attorney General intervenes in any matter in pursuance of subsection (2), the provisions of the Government Proceedings Act shall apply in relation to the proceedings of that suit or matter as if it had been instituted by, or against the Government. (5) For the purposes of subsections (3) and (4), the Board shall have a duty to notify the Attorney General 10 No. 13 Written Laws (Miscellaneous Amendments) (No.4) Act 2017 Amendment of section 7 of any impending suit or intention to institute a suit or matter by, or against the Board. (b) renaming subsection (2) as subsection (6).
Section 25Verify source
§ 26Amendment of section 7Amendment

This amendment makes the Registrar the Board’s accounting officer and secretary, assigns the Registrar several Board administration functions, and says the Registrar is answerable to the Board when carrying out those functions.

26. The principal Act is amended in section 7, by adding immediately after subsection (2) the following new subsections: “(3) The Registrar shall be the accounting officer and secretary of the Board. (4) Without prejudice to subsection (3), the functions of the Registrar shall be to: (a) plan, manage, monitor and implement the programs and policies of the Board; (b) prepare draft policies and programs on the professional development of town planners for approval by the Board; (c) prepare budgets for approval by the Board; (d) prepare and submit to the Board reports on the activities and audited accounts of the Board; (e) liaise with other relevant Bodies for the purposes of providing strategic professional the advice development of Town Planners; on (f) facilitate the meetings of the Board; and (g) perform any other duties relating to the objectives and functions of the Board that may be entrusted upon him by the Board. (5) In the performance of his functions under this Act, the Registrar shall be answerable to the Board”. Amendment of section 8
Section 26Verify source
§ 27Amendment of section 8Substitution

Section 8(2) is replaced so that application forms must be as prescribed in the Regulations.

27. The principal Act is amended in section 8, by deleting subsection (2) and substituting for it the following: “(2) Application Forms for 11 No. 13 Written Laws (Miscellaneous Amendments) (No.4) Act 2017 Amendment of section 22 Registration, Practicing Licence, Certificates of Registration and Register of Town Planners shall be as prescribed in the Regulations.”
Section 27Verify source
§ 28Amendment of section 22Substitution

Section 22’s penalty wording is changed to a higher fine and a longer prison term.

28. The principal Act is amended in section 22, by deleting the phrase “exceeding five hundred thousand shillings and not less than three hundred thousand shillings or to imprisonment for a term not exceeding two years but not less than three months” and substituting for it the phrase “less than five million shillings but not exceeding ten million shillings or to imprisonment for a term not less than one year but not exceeding three years”. Amendment of section 23 by-
Section 28Verify source
§ 29Amendment of section 23Substitution

This section changes section 23 so a body cannot operate as a town planner unless it is registered and at least two partners, members, or shareholders are registered under the Act.

29. The principal Act is amended in section 23, (a) deleting subsection (1) and substituting for it the following: “(1) A body whether corporate or otherwise shall not carry out business or practice as a town planner unless it is registered in accordance with this Act and at least two of its partners, members or shareholders are persons registered under this Act.”; and (b) deleting the words “ not exceeding five hundred thousand shillings but not less than three hundred thousand shilling” appearing in subsection (4) and substituting for them the words “ not less than two million shillings but not exceeding five million shillings.”
Section 29Verify source
§ 30Amendment of section 25Substitution

This section amends section 25 of the principal Act by adding failure to pay prescribed fees and replacing the penalty wording.

30. The principal Act are amended in section 25, (a) inserting immediately after paragraph (a) the following new paragraph: “(b) fails to pay prescribed fees;” Amendment of section 25 by- (b) renaming paragraphs and paragraphs (c) and (d) respectively; (b) (c) as (c) deleting the words “not exceeding five 12 No. 13 Written Laws (Miscellaneous Amendments) (No.4) Act 2017 thousand shillings or hundred thousand shillings but not less than one hundred to imprisonment for a term not exceeding two years but not less than three months” and substituting for them the words “not less than two million shillings but not exceeding five million shillings or to imprisonment for a term not less than one year and not exceeding three years”. Addition of section 25A
Section 30Verify source
§ 31Addition of section 25AAmendment

This section amends the principal Act by adding a new section titled “Power to issue stop order.”

31. The principal Act is amended by adding immediately after section 25 the following new section: “Power to issue stop order
Section 31Verify source
§ 25A(1) Where any person or firmAmendment

The Board may issue a stop order or take other legal action against unregistered persons or firms doing town planning work, and noncompliance or refusal of service is an offence with fines and possible imprisonment.

25A.-(1) Where any person or firm which the Act is not registered under undertakes town planning works or carries out any town planning work in contravention of the Act, the Board may issue a stop order or take other legal action. (2) A person who fails to comply with the requirements of the stop order issued under subsection (1), commits an offence and upon conviction, is liable to a fine of not less than three million shillings and not exceeding five million shillings and in case of a continuing offence to a fine of three hundred and fifty thousand shillings for every day during which the offence continues after conviction. (3) The stop order issued under this section shall be served through the registered address at the principal office of the party in breach. (4) Any person who refuses service of a stop order issued under this section, commits an offence and on conviction is liable to a fine of five million shillings or to an amount equivalent to two percent of the town planning work, whichever is greater, or to twelve months imprisonment or to both. 13 No. 13 Written Laws (Miscellaneous Amendments) (No.4) Act 2017 (5) Notwithstanding subsections (3) and (4), where an offence under this section is committed by a firm, that firm is liable on conviction to a fine of not less than five million shillings but not exceeding ten million shillings and in case of a continuing offence to a fine of five hundred thousand shillings for every day during which the offence continues after conviction.” Amendment of section 31
Section 25AVerify source
§ 32Amendment of section 31Repeal

This provision amends section 31(2) to add a new paragraph about fees payable and forms for applications for registration and licensing under the Act, and renumbers later paragraphs.

32. The principal Act is amended in section 31(2), by- (a) inserting immediately after paragraph (a) the following new paragraph: “(b) fees payable and forms in respect of application for registration and licencing under this Act;”; and (b) renaming paragraphs (b), (c) and (d) as paragraphs (c), (d) and (e) respectively. Repeal of the Second Schedule
Section 32Verify source
§ 33Repeal of the Second ScheduleRepeal

This section amends the principal Act by repealing the Second Schedule.

33. The principal Act is amended by repealing the Second Schedule. PART VI AMENDMENT OF THE WORKERS COMPENSATION FUND ACT, (CAP. 263) Construction Cap. 263 Amendment of section 48
Section 33Verify source

Part

PART VI

§ 34ConstructionProvision

This section says this Part must be read together with the Workers Compensation Fund Act, called the principal Act.

34. This Part shall be read as one with the Workers Compensation Fund Act, hereinafter referred to as the “principal Act”.
Section 34Verify source
§ 35Amendment of section 48Substitution

This section changes the rules for monthly pension and disability benefits for employees with permanent disablement.

35. The principal Act is amended in section 48- (a) in subsection (4), by deleting paragraph (b) and substituting for it the following: the employee with less than one hundred per cent but more than permanent thirty paid disablement, be monthly pension calculated in accordance with paragraph (a) percent shall “(b) 14 No. 13 Written Laws (Miscellaneous Amendments) (No.4) Act 2017 (c) less than proportionate to the degree of permanent disablement of the employee; the employee with thirty percent thirty percent or permanent disablement shall be paid in the form of a lump sum and the amount payable shall be eighty four times the monthly pension amount provided in paragraph (a) proportionate to the degree of permanent disablement of the employee.” ; (b) by deleting subsection (6) and substituting for it the following:” “(6) For the purpose of this section, “monthly pension” means a pension payable monthly during the lifetime of the employee and shall cease or be adjusted when the employee resumes work or qualifies for payment of an old age or invalidity pension upon reaching retirement age.” Amendment of the First Schedule
Section 35Verify source
§ 36Amendment of the First ScheduleSubstitution

This section changes the Board’s membership list and makes the Fund’s Director General the Board Secretary.

36. The first Schedule of the principal Act is amended in paragraph 1 as follows: (a) in subparagraph (1), by deleting item (b) and substituting for it the following: “(b) other members appointed by Ministers as follows: (i) two members representing the most representative employers’ organisation; (ii) two members representing the most representative employees’ organisation; (iii) a law officer Attorney General; representing the (iv) a representative from the Ministry responsible for social security; 15 No. 13 Written Laws (Miscellaneous Amendments) (No.4) Act 2017 (v) a representative from the Ministry for Public Service responsible Management; (vi) a representative from the Ministry responsible for finance; and (vii) a representative from an association of persons with disabilities arising from related injuries or diseases.” (b) by adding immediately after subparagraph (2) the following; “(3) The Director General of the Fund shall be Secretary to the Board.” Passed by the National Assembly on the 15th November, 2017. STEPHEN KAGAIGAI Clerk of the National Assembly 16
Section 36Verify source

Legislative relationships

7 referenced instruments

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

A–F

2 instruments

  • Board that may be entrusted upon him by the Board. (5) In the performance of his functions under this Act

    Section 26

  • Certain Written Laws This section says the Written Laws listed in the Act

    Section 2

G–M

1 instrument

  • Government Proceedings Act

    Section 25

N–S

3 instruments

  • principal Act

    Sections 5, 8, 12, 16, 17, 20, 30, 31

  • Registration and Register of Town Planners shall be as prescribed in the Regulations

    Section 27

  • Second Schedule This section amends the principal Act

    Section 33

T–Z

1 instrument

  • Unconscionable Terms) Act

    Section 21

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