The Written Laws (Miscellaneous Amendments) Act, 2014

1. This Act may be cited as the Written Laws (Miscellaneous Amendments) Act, 2014.

2. The written laws specified in various Parts to this Act are amended in the manner provided for in their respective Parts. 3 No. 4 The Written Laws (Miscellaneous Amendments) Act 2014 PART II AMENDMENT OF THE FERTILIZERS ACT, (CAP. 378) Construction Cap. 378 Addition of section 34A

3. This Part shall be read as one with the Fertilizers Act, hereinafter referred to as the “principal Act”.

4. The principal Act is amended, by adding immediately after section 34 the following new section- “Control of substandard fertilizer

34A.-(1) Where an inspector after consultation with the Chief Government Chemist, is satisfied that the fertilizer or fertilizer supplement regulated under this Act is unfit for use for the intended purpose, he may without compensation, destroy or dispose of that fertilizer or fertilizer supplement at the owner's cost. (2) Before destroying or disposing of any fertilizer or fertilizer supplement in a manner other than in accordance with subsection (1), the inspector shall- (a) record or cause to be recorded- (i) (ii) the description or other particulars of the fertilizer lot; the description of premises where the fertilizer was found; (iii) name and address of any (iv) witness and the signature; the grounds upon which the seizure was effected; and (b) forward to the Director General the report containing particulars stipulated in paragraph (a).” 4 No. 4 The Written Laws (Miscellaneous Amendments) Act 2014 Amendment of section 36 Repeal of section 37

5. The principal Act is amended in section 36, by deleting subsection (3).

6. The principal Act is amended by repealing section 37 and substituting for it the following: “Hearing of an appeal

37. After hearing and considering the appeal, the Minister may- (a) (b) confirm, set aside or vary the decision of the Director; or order the Director to execute the decision.” Amendment of section 40

7. The principal Act is amended in section 40(2), by deleting subsection (2) and substituting for it the following: ‘‘(2) Any person who contravenes this Act or subsidiary legislation made under this Act, shall, except as is otherwise provided, be liable on conviction, to a fine of not less than ten million shillings and not more than five hundred million shillings or to imprisonment for a term of not less than three years and not exceeding seven years or to both.’’ Addition of section 40A

8. The principal Act is amended by adding immediately after section 40 the following new section: “Compou- nding of offences

40A.-(1) Where a person admits commission of an offence under this Act, the Authority may compound the offence by accepting from such person a lesser sum of eighty million shillings. (2) Subject to sub-section (4), where proceedings are brought against a person for an offence under this Act, it shall be a defence if that person proves that the offence against which he is charged was compounded. 5 No. 4 The Written Laws (Miscellaneous Amendments) Act 2014 (3) Any sum of money received under this section shall be treated as a fine imposed by a court for the offence. an offence (4) Where is compounded under this section, the court may make an order under section 40 as if the person concerned was convicted by the court. referred to (5) The order in subsection (4) shall not be made unless the person against whom the order is to be made is given an opportunity to show cause why the order should not be made.” Amendment of section 41

9. The principal Act is amended in section 41, by- (a) designating the contents of that section as subsection (1) of that section; and (b) adding the following provision after subsection (1) as designated: a any offence court of “(2) For the purpose of subsection (1), a court, where a person is convicted for by contravention of section 40, and it appears from the evidence of Director, Inspector, Sampler or Analyst that some other person, has suffered material loss or personal injury in consequence of the offence committed and that substantial compensation is, in the opinion of the court, recoverable by that person by civil suit, the court may, in its discretion and in addition to any other lawful punishment, order the person convicted to pay to that other person such compensation, in kind or in money as would fairly mitigate the 6 No. 4 The Written Laws (Miscellaneous Amendments) Act 2014 loss suffered.” “(3) The Court may order the Director, inspector, sampler or analyst to establish the extent of damage suffered by a person as a rult of an offence commited under this Act.” PART III AMENDMENT OF THE HIGHER EDUCATION STUDENTS’ LOANS BOARD ACT, CAP. 178 Construction Cap. 178 Amendment of section 3

10. This Part shall be read as one with the Higher Education Students’ Loans Board Act, hereinafter referred to as the “principal Act”.

11. The principal Act is amended in section 3, by deleting- (a) of the term definition “accredited the “accredited institutions” and substituting for it the following: an institution which is licensed to offer courses leading to attainment of: (a) postgraduate diploma in practical institution” means legal training; (b) degree; (c) higher diploma; (d) diploma in teacher education (science, mathematics); and (e) diploma in teacher primary education (science, mathematics and and arithmetic (3R).” the term “student” and writing reading, (b) the definition of substituting for it the following: “student” means a person admitted to an accredited institution;” 7 No. 4 The Written Laws (Miscellaneous Amendments) Act 2014 Amendment of section 17

12. The principal Act is amended in section 17(1) by deleting the word applicant appearing in paragraph (e). PART IV AMENDMENT OF THE PROCUREMENT AND SUPPLIES PROFESSIONALS AND TECHNICIANS BOARD ACT, (CAP. 179) Construction Cap. 179

13. This Part shall be read as one with the Procurement and Supplies Professionals and Technicians Board Act, hereinafter referred to as the “principal Act”. Amendment of section 6 Amendment of section 7

14. The principal Act is amended in section 6(1), by deleting the phrase “not more than three”.

15. The principal Act is amended in section 7, by- (a) adding immediately after paragraph (j) the following paragraph: “(k) prescribed fees payable to the Board;” (b) renaming paragraphs (k) and (l) as paragraphs (l) and (m) respectively. Addition of section 7A

16. The principal Act is amended by adding immediately after section 7 the following section: “Board to prescribe fees

7A. fees payable for- The Board may prescribe (a) admission to any course offered by the Board; (b) examination to be held or conducted by the Board; (c) application for registration and extraction of copies; 8 No. 4 The Written Laws (Miscellaneous Amendments) Act 2014 9 Amendment of section 31 Amendment of section 49 (d) annual subscription; and (e) any other service offered or anything carried out by the better Board for the of implementation provisions of this Act.”

17. The principal Act is amended in section 31: (a) in subsection (1), by- (i) deleting the word “Ministry” appearing in paragraph (b) and substituting for it the word “institution”; (ii) deleting paragraph (c) and substituting for it the following: “(c) a public officer nominated by the Permanent Secretary to the Treasury who is a registered Procurement Supplies Professional;”; and (b) adding immediately after subsection (2) the following provision: “(3) The tenure of office of members of the Appeals Board shall be three years, renewable once.”

18. The principal Act is amended in section 49, by: (a) deleting paragraphs (f), (g), (j) and (1); and (b) renaming paragraphs (h) to (n) as paragraphs (f) to (j). 9 10 No. 4 The Written Laws (Miscellaneous Amendments) Act 2014 PART V AMENDMENT OF THE SEEDS ACT, (CAP. 308) Construction Cap. 308 Repeal of section 8

19. This Part shall be read as one with the Seeds Act, hereinafter referred to as the “principal Act”.

20. The principal Act is amended by repealing section 8 and substituting for it the following section: “Seed Inspector, Sampler and Analyst (1) The Minister shall, by notice published in the Gazette, appoint or designate qualified persons to be Chief Seeds Certification Officer, Seeds Inspectors, Samplers and Analysts who shall exercise powers in accordance with the provisions of this Act. responsible (2) For proper seeds inspection, the Minister may in consultation with the Minister Local Government establish the modalities for the appointment and accountability of the Inspectors, Samplers or Analysts of the local government authorities levels. for (3) Every officer appointed or designated pursuant to subsection (1) shall issued a certificate, identity card or a document as a proof of his appointment or designation and such documents shall be produced on entering at any place in the exercise of powers under this Act. (4) The Chief Seeds Certification Officer may permit an analyst to perform internal seeds quality control for a private specified producer, processor, and seller or as the case may be distributor of seeds.” 10 No. 4 The Written Laws (Miscellaneous Amendments) Act 2014 11 Addition of section 8A

21. The principal Act is amended by adding immediately after section 8 the following new section: “Engagement in the seed activities Certification, 8A-(1) A person shall not, when the office of Chief Seeds holding Inspector, Inspector Sampler or Analyst, engage in any business connected to seeds production, processing, marketing, importation, exportation or distribution either by himself or by agent. (2) Any person who contravenes subsection (1), commits an offence and shall, on conviction, be liable to a fine of not less than five million shillings and not more than ten million shillings or to imprisonment for a term of not less than three years and not more than five years or to both”. (3) For the purposes of section 8 and this section “authorized Inspector, Inspector Sampler and Analyst” means a persons authorized to undertake seeds quality control activities for and on behalf of Seed Certification Institute.” Tanzania Official the Repeal of section 14

22. The principal Act is amended by repealing section 14 and substituting for it the following new section: “Seeds standards

14.-(1) Any person who- (a) sells, display for sale, imports, exports any seed under a class name or designation so closely class name a resembling prescribed under this Act so as is likely to be mistaken; or 11 12 No. 4 The Written Laws (Miscellaneous Amendments) Act 2014 (b) applies, to any seed or package containing seed, a class name prescribed under this Act so as is likely to be mistaken, shall have the duty to ensure that, the seed meets the requirements prescribed for the class name and is marked, packed and labeled according to the provisions of this Act. (2) Any person who, produces or acquires any prescribed seed which has not been tested pursuant to this section or deemed to have been tested under this Act and intends to sell the same for sowing, shall, prior to offering the same for sale, cause a sample to be taken in the manner prescribed, and delivered to the Institute together with statement specifying the origin, kind, variety and quantity of the seed, and other particulars as may be prescribed and pay the fees required for testing. a written (3) Any person who sells for sowing, any prescribed seed which has been tested or deemed to have been tested in accordance with the provisions of this the Act and prescribed standards shall- to conform found to if the prescribed seed is sold in sealed containers, cause to be printed or stamped upon each label attached or enclosed in clear and legible letters or figures, the following particulars- container a (a) 12 No. 4 The Written Laws (Miscellaneous Amendments) Act 2014 13 and the (i) name of the address dealer; the seed class; name (ii) (iii) the and percentage by weight of each in in the mixture, its order predominance; (iv) the name of of of the each variety plant species in the mixture; the germination percentage of each component of the mixture, in order of its predominance; (v) (vi) month and year of germination test; (vii) in the case of a seed imported, is that the the name of country of production; and (viii) such other particulars as may be prescribed in the regulations. 13 14 No. 4 The Written Laws (Miscellaneous Amendments) Act 2014 (b) if the prescribed seed is sold in bulk quantities and a seller is- sale name of a person who caused the test to be made, furnish to the the buyer at time of a statement in writing the prescribed in containing form, and the the address Certifying Agency where the test was made, the date of test, and a the declaration of the seller that the bulk quantity sold is all or part of that from where tested was taken, together with other such particulars as may be prescribed in the regulations; (i) 14 No. 4 The Written Laws (Miscellaneous Amendments) Act 2014 15 (ii) (iii) not a person who caused the test to be or made furnished a copy of the statement to the buyer at the time of sale, in accordance with the provisions sub-paragraph of (i); a person who caused such test to be made, shall thereupon endorse a declaration that the bulk quantity sold is all or part to which the statement related at the time the he procured same, together with a statement of the containing seller other particulars as may be prescribed in the regulations. 15 16 No. 4 The Written Laws (Miscellaneous Amendments) Act 2014 (4) A registered seed dealer shall not produce, process, test, sale, import, export or distribute any seed unless- (a) its such seed is an approved variety for use in Tanzania and production, processing, testing, sale or importation has been made conditions or subject limitations prescribed in this Act; to (c) (d) (b) such seed is conforms to the standards of germination and purity and other requirements prescribed; such seed is packed in a container that complies with the requirements prescribed in the regulations; if it is imported, the genus, species and variety of such seed, and the country of its the is shown origin, invoice or delivery note accompanying such seed at the time of its importation; such seed has previously been in accordance with the provisions of this Act and has been found to be of standards of germination and purity prescribed for such seed. tested (e) in 16 No. 4 The Written Laws (Miscellaneous Amendments) Act 2014 17 (5) Any person who- for under sowing, seed, or sells seed which is not certified the provisions of this Act; sells or intends to sale or distribute any seed which upon test by the authorized Inspector or the Institute is found not to conform to the standards of germination and purity prescribed for is one such reported in the prescribed test results not be sold by any person for sowing; any sells prescribed seed under any description other than its varietal name; sells in bulk quantities, any seed for sowing, without having in his possession or a under prescribed certificate or a copy issued or furnished under this Act; seed or sells certified imported certified seed, for sowing, and fails to furnish to the buyer, at the time of such sale, a prescribed certificate or a copy of certificate required to be so respect of in furnished such seed; or control, his (a) (b) (c) (d) (e) 17 18 No. 4 The Written Laws (Miscellaneous Amendments) Act 2014 (f) tests, or purports to test, any prescribed seed, in any place so registered or approved by the Institute, offence an being and not less commits upon conviction, shall be liable to a fine of not than one hundred million shillings and more than five hundred million shillings or to imprisonment for a term of not less than five years and not more than twelve years or to both. (6) Upon conviction for an offence under this section, the court may in addition to a penalty imposed, order any seed or equipment used in commission of offence to be forfeited destroyed, without compensation. (7) It shall be a responsibility of a seed dealer to ensure quality of his own seed by establishing internal system of quality control and adherence to the provisions of this Act. (8) It shall be the duty of the Chief Seeds Certification Officer, Inspector, Sampler or Analyst to establish the extent of damage suffered by another person as a result of offence committed under this Act. 18 No. 4 The Written Laws (Miscellaneous Amendments) Act 2014 19 Compensation for loss caused by seed

14A.-(1) Where a person is convicted by a court of any offence for contravention of section 14, and it appears from the evidence of Chief Seeds Certification Officer, Inspector, Sampler or Analyst that some other person, being a farmer or a person who ordinarily is expected to use seeds which are the subject of the offence committed, has suffered material loss or personal injury in consequence of the offence committed and that substantial compensation is, in the opinion of the court, recoverable by that person by civil suit, the court may, in its discretion and in addition to any other lawful punishment, order the person convicted to pay that other person such compensation, in kind or in money, as the court deems fair and reasonable. to (2) Where a person is convicted of any offence under section 14 of this Act, the power conferred on the court by subsection (1) shall be deemed to include a power to award compensation to any purchaser of any seeds in good faith in relation to which the offence was committed for the loss of crops that ordinarily would have been grown or such other pecuniary loss that is a direct or indirect caused if the seed failed to grow or is destroyed or otherwise declared to be unfit for use.” 19 20 No. 4 The Written Laws (Miscellaneous Amendments) Act 2014 Repeal of section 15

23. The principal Act is amended by repealing section 15 and substituting for it the following new section: “Registration of seed seller

15.-(1) A person shall not deal in seed business in Tanzania, unless he is registered in accordance with the provisions of this Act. (2) A person who imports, exports, produces, process, distributes or sells shall, before commencing the business, register with the Institute. (3) A person, who owns or operates a testing seed processing factory or seed commencing laboratory business, obtain certificate of registration from the Institute. before shall, (4) An application for registration under this section shall be made to the Institute in the form and manner prescribed in the regulations. (5) The Chief Seeds Certification Officer shall, after receipt of application and upon being- as the that register satisfied applicant complies with the prescribed requirements, enter the name, address and principal business address of the applicant in the a appropriate registered seed dealer and issue certificate of registration in the prescribed form; or not satisfied that the applicant complies with the prescribed requirements, the applicant to correct the defects in the application or refuse to register the applicant. require (a) (b) 20 No. 4 The Written Laws (Miscellaneous Amendments) Act 2014 21 (6) The Institute shall, if it deems necessary for the purposes of consideration of the application make inspection on such holdings, warehousing, storage and other facilities which the applicant proposes to use in the business of a seed dealer. (7) Any registration under this section shall, unless cancelled, be valid until the expiry of time provided for in the registration certificate. (8) Any person who contravenes preceding provisions of this section commits an offence and shall on conviction be liable to a fine of not less than five million shillings and more than ten million or to imprisonment for a term of not less than three years and not more than five years or to both.” Addition of section 22A

24. The principal Act is amended by adding immediately after section 22 the following new section: “Substand- ard seeds

22A.-(1) Where an Inspector is satisfied that any seed regulated by this Act is unfit for intended purpose or the provisions of this Act, he may- (a) affix to that seed a mark, seal or other designation to stop selling such seed or seed lot; (b) without compensation, destroy or dispose of that seed in any way at owner's cost; or (c) take such seed to a post-entry further and quarantine station inspection, disposal. for treatment 21 22 No. 4 The Written Laws (Miscellaneous Amendments) Act 2014 (2) An inspector shall, before destroying or disposing of any seed in any way other than in accordance with subsection (1)- (a) record or cause to be recorded: (i) a description or other particulars of the seed or seed lot; (ii) description of premises where the seed was found; (iii)any witness available and their signatures; and; (iv)the grounds upon which his decision have been made. (b) forward a report containing particulars stipulated in paragraph (a) to the Chief Seeds Certification Officer.” PART VI AMENDMENT OF THE WATER SUPPLY AND SANITATION ACT, (CAP.272) Constru- ction Cap. 272 Amendment of section 59

25. This Part shall be read as one with the Water Supply and Sanitation Act, hereinafter referred to as the “principal Act”.

26. The principal Act is amended in section 59, by inserting a “comma” immediately after the word “applies” and inserting thereafter the phrase “save for the provisions relating to community owned water supply organizations”. Passed in the National Assembly on the 24th November, 2014. DR. THOMAS D. KASHILILAH Clerk of the National Assembly 22