The Ports Act

1. The members of the Board shall elect a member from amongst themselves to be a Vice Chairman of the Board, and any member elected as Vice Chairman shall, subject to his continuing to be a member, hold office for a term of one year from the date of his election, and shall be eligible for re-election. 302 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PORTS ACT Tenure of appointment Appointment of temporary member Meeting of Board Act No. 14 of 2019 s. 74 [CAP. 166 R.E. 2023]

2.–(1) A member of the Board shall, unless his appointment is sooner terminated by the appointing Authority, or ceases in any other way to be a member, hold office for the period specified in the instrument of his appointment or, if no period is so specified, for a period of three years from the date of his appointment and shall be eligible for re- appointment. (2) A member of the board may at any time resign his office by giving notice in writing addressed to the appointing authority, and from the date specified in the notice or, if no date is so specified, from the date of the receipt of the notice by the appointing authority, he shall cease to be a member.

3. When any member of the Board is by reason of absence from the United Republic or illness or other sufficient cause unable to perform his duties as a member of the Board, the appointing authority may appoint a temporary member in his place, and the temporary member shall hold office until the resumption of duty of the substantive member or until the term of office of the substantive member expires, whichever occurs first.

4.–(1) The Board shall ordinarily meet for the transaction of its business at the time and at the places decided upon by the Board, but shall meet at least quarterly every year. (2) The Chairman or in his absence the Vice Chairman, may at any time call a specified meeting of the board, upon a written request by a majority of the members of the Board in office (3) The Chairman or in his absence the Vice Chairman, shall preside at every meeting of the Board, in the absence of both the Chairman and the Vice Chairman the members present shall appoint a member from amongst themselves to preside over the meeting. Quorum

5. The quorum at the meeting of the Board shall be the majority of the members in office. Decision of Board

6.–(1) Questions proposed at the meeting of the Board shall be decided by a majority of the votes of the members present and in the event of an equality of the votes the person presiding shall have a second or casting vote. (2) Notwithstanding the provisions of subparagraph (1), a decision may be made by the Board without a meeting by circulation of the relevant papers among the members of the board, and the expression of the views of the majority of the members of the Board in writing, but any member shall be entitled to require that the decision be deferred and the subject matter be considered at a meeting of the Board. 303 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PORTS ACT Minutes of meetings [CAP. 166 R.E. 2023]

7. The Board shall cause to be recorded and kept minutes of all proceedings of its meeting, and the minutes of each meeting of the Board shall be confirmed by the Board at the next meeting and signed by the Chairman of the meeting. Vacancies not to invalidate proceedings

8. The validity of any act or proceeding of the Board shall not be affected by any vacancy among its members or by any defect in the appointment of any of them. Execution of contracts

9.–(1) The application of the official seal of the Authority shall be authenticated by two signatures, namely- (a) the signature of the Chairman of the Board or some other member of the Board authorised by the Board in that behalf; and (b) the signature of the Director General or some other employee of the Authority authorised by the Board to act for that purpose in place of the Director General. (2) An instrument or contract which, if executed or entered into by a person other than a body corporate, would not be required to be under seal, may be executed or entered into on behalf of the Authority by the Director General or any other member of the Board if that member has previously been authorised, either specifically or generally by resolution of the Board, to execute or enter into that particular instrument or contract or that class of instrument or contracts. (3) Every document purporting to be a document executed or issued by or on behalf of the Authority and to be- (a) sealed with the official seal of the Authority authenticated in the manner provided by subparagraph (1); or (b) signed by the Director General or by a member of the Board authorised in accordance with subparagraph (2) to act for that purpose, shall be deemed to be so executed or issued until the contrary is proved.

10. Subject to the provisions of this Schedule, the Board may regulate its own proceedings.

11. A document purporting to be a document duly executed or issued under the seal of the Authority or on behalf of the Authority shall be received in evidence and be deemed to be a document so executed or issued, as the case may be, without further proof unless the contrary is proved. Board may regulate its own proceedings Proof of documents 304 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PORTS ACT [CAP. 166 R.E. 2023] SECOND SCHEDULE (Made under section 4(1)) SEA PORTS PART I Dar es Salaam, Tanga, Mtwara and Zanzibar. PART II Bagamoyo, Kwale, Kilwa Kivinje, Kilwa Masoko, Lindi, Mikindani, Pangani, Mafia, Songosongo, Chakechake, Mkoani and Wete. INLAND WATERWAYS PORTS PART I Act No. 14 of 2019 s. 74 Mwanza south, Mwanza north, Bukoba, Kemondo Bay, Nansio, Musoma, Kigoma, Kasanga, Itungi, manda, Liuli, and Mbamba Bay. PART II Shirati, Kinesi, Maisome, Kome, Bukondo, Kahunda, Chato, Nyamirembe, Nkome, Muharamba, Buchosa, Solima, karumo, Tongwe, Kirando, Kalya, Kapalamsenga, Ikola, Mtanga, Kagunga, Karema, Sigunga, Kipili, Msamba, Ninde, Kala, Wampembe, Lagosa, Kibwesa, Matema, Lundu, Lupingu, Ifungu, Mkili, Njambe, Ndumbi, Ujiji, Ukara, Nyakalilo, Mgambo, Kyankwikwi and Buchenzi. 305 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.