THE NATIONAL EMBLEMS ACT

This section gives the Act its short title: the National Emblems Act.

Jurisdiction: Tanzania
Instrument: Act or statute
Citation: THE NATIONAL EMBLEMS ACT
Version: Undated source snapshot
Language: en
Official source: View official record ↗

advertising document authentication government powers offences penalties product labelling prosecution consent public seal custody trade marks

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About this statute

This section gives the Act its short title: the National Emblems Act. This section defines key terms used in the Act, including Coat of Arms, likeness, Minister, National Flag, and Public Seal. The National Flag of the United Republic is to be the description set out in the First Schedule. The Coat of Arms of the United Republic is to be the description set out in the Second Schedule, effective from 26 April 1964. The President may, by Proclamation, amend the First or Second Schedule to change the National Flag or Coat of Arms.

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Provisions of THE NATIONAL EMBLEMS ACT

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1
Short title
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This section gives the Act its short title: the National Emblems Act.

1. This Act may be cited as the National Emblems Act. Interpretation
2
Interpretation
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This section defines key terms used in the Act, including Coat of Arms, likeness, Minister, National Flag, and Public Seal.

2. In this Act unless the context otherwise requires- “Coat of Arms” means the Coat of Arms of the United Republic of the likeness specified in the Second Schedule to this Act and includes any emblem, seal, insignia or ensign of the United Republic; “likeness” includes a photographic or pictorial reproduction, a sketch, a painting or any other form of reproduction or representation and of any size or shape; “Minister” means the Minister responsible for home affairs; “National Flag” means a flag of the description as specified in the First Schedule to this Act; and “Public Seal” means a seal of the description as specified in the Third Schedule to this Act. 1 NOTE: This Act is a Consolidation of the National Flag and Coat of Arms Act No. 15 of 1971 and the Public Seal Act (R.L. Cap. 504), Parts I and II relate to the National Flag and Coat of Arms and came into force on the 7th May, 1971, Part III relates to the Public Seal and came into force on the 9th December, 1962. 308 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE NATIONAL EMBLEMS ACT [CAP. 10 R.E. 2023] National Flag Coat of Arms Power of President to modify National Flag or Coat of Arms Unlawful use of National Flag, Coat of Arms or any likeness thereof PART II THE NATIONAL FLAG AND THE COAT OF ARMS

Part

PART II

3
National Flag
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The National Flag of the United Republic is to be the description set out in the First Schedule.

3. With effect from the 26th April 1964, the National Flag of the United Republic shall be of the description as specified in the First Schedule.
4
Coat of Arms
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The Coat of Arms of the United Republic is to be the description set out in the Second Schedule, effective from 26 April 1964.

4. With effect from the 26th April 1964, the Coat of Arms of the United Republic shall be of the description as specified in the Second Schedule.
5
Power of President to modify National Flag or Coat of Arms
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The President may, by Proclamation, amend the First or Second Schedule to change the National Flag or Coat of Arms.

5. The President may, by Proclamation, amend the First or the Second Schedule to this Act to modify the National Flag or, the Coat of Arms.
6
Unlawful use of National Flag, Coat of Arms or any likeness thereof
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A person must not use the National Flag or Coat of Arms, or any likeness of them, for trade marks, advertising, or on sale items, unless the Minister approves the use or grants an exemption.

6.–(1) A person shall not use the National Flag, the Coat of Arms or any likeness of the National Flag or of the Coat of Arms- (a) as a trade mark for any article sold or offered for sale; (b) in furtherance of or as an advertisement for any trade, business, industry, calling or profession; (c) on any article which is sold, offered for sale or intended to be sold or offered for sale; or (d) on any article which is used by any person otherwise than for a purpose approved by the Minister. (2) The Minister may, by writing under his hand, exempt any person or class of persons or any article or category of articles from any or all of the provisions of subsection (1), subject to such terms and conditions as the Minister may think fit to impose. (3) A person who contravenes the provisions of subsection (1) or, being a person to whom the provisions of subsection (2) apply, contravenes any of the terms or conditions imposed by the Minister, commits an offence and on conviction shall be liable to a fine not exceeding twenty thousand shillings or to imprisonment for a term not exceeding two years or to both. 309 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE NATIONAL EMBLEMS ACT [CAP. 10 R.E. 2023] Insulting National Flag or Coat of Arms Consent to prosecute Repeal Cap. 16
7
8. Consent to prosecute
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A person must not act, speak, or publish writing with intent to insult or ridicule the National Flag or Coat of Arms of Tanzania or any likeness of them.

7. A person who does any act or utters any word or publishes any writing with intent to insult or bring into contempt or ridicule the National Flag or Coat of Arms of the United Republic of Tanzania or of any likeness thereof, commits an offence and on conviction shall be liable to a fine not exceeding twenty thousand shillings or to imprisonment for a term not exceeding two years or to both.
8
Consent to prosecute
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A person cannot be prosecuted for an offence under this Act unless the Director of Public Prosecutions gives written consent.

8. A person shall not be prosecuted for an offence under this Act without the consent in writing of the Director of Public Prosecutions.
9
Repeal
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This section repeals Penal Code section 124A.

9. [Repeals the Penal Code s. 124A] PART III THE PUBLIC SEAL Proclamation of Public Seal Custody of Public Seal 9th December, 1962

Part

PART III

10
Proclamation of Public Seal
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The Public Seal must match the description in the Third Schedule, and the President may prescribe another form by Proclamation.

10.–(1) With effect from the 26th April, 1964 the Public Seal shall be of the description as specified in the Third Schedule to this Act. (2) The President may, by Proclamation, prescribe any other form of the Public Seal.
11
Custody of Public Seal
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The President may appoint a public officer to be Custodian of the Public Seal and may direct how the seal is kept and used; if no appointment is made, the President is the custodian.

11.–(1) The President may appoint a person holding office in the service of the United Republic to be the Custodian of the Public Seal and may give directions as to the manner in which it shall be kept and used. (2) In default of any appointment under subsection (1), the President shall be the Custodian of the Public Seal. Authentication
12
Authentication
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When the Public Seal is affixed to a document or other thing, the Custodian of the Public Seal must authenticate that affixing by signature.

12. Whenever the Public Seal is affixed to any document or other thing, the affixing of the Public Seal shall be authenticated by the signature of the Custodian of the Public Seal. 310 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE NATIONAL EMBLEMS ACT [CAP. 10 R.E. 2023] FIRST SCHEDULE (Made under section 3) DESIGN OF NATIONAL FLAG A rectangular flag divided into two equal portions diagonally from the right-hand upper corner to the left-hand lower corner; the upper portion of green colour and the lower portion of blue colour; the dividing bands being of golden, black and golden collars; the two golden bands of equal size and smaller than the central black band; of the following design: GREEN GOLDEN BLACK GOLDEN BLUE SECOND SCHEDULE (Made under section 4) DESIGN OF COAT OF ARMS 311 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE NATIONAL EMBLEMS ACT [CAP. 10 R.E. 2023] THIRD SCHEDULE (Made under section 10) DESIGN OF PUBLIC SEAL 312 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.

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