The Transfer and Delegation of Powers Act

1. This Act may be cited as the Transfer and Delegation of Powers Act.

2.–(1) Subject to the provisions of section 4, where, by or under any written law- (a) the President is empowered to exercise any power or to perform any duty; or (b) any other person holding office in the service of the Republic is empowered to exercise any power or to perform any duty, the President may, by order published in the Gazette, transfer the power or the duty, in the case referred to in paragraph (a), to some other person, or, in the case referred to in paragraph (b), to himself or to some other person. (2) An order made under this section may - (a) make amendments to the written law in respect of which it is made, being amendments consequential upon the transfer, as may be necessary for carrying that order into effect; (b) be expressed to have effect retrospectively from any date specified therein, and, where so expressed, shall have effect accordingly; or (c) be revoked or varied by a subsequent order made in the like manner and subject to the same conditions. 86 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE TRANSFER AND DELEGATION OF POWERS ACT [CAP. 362 R.E. 2023] Delegation Act No. 48 of 1966 (3) Where an order is made under this section, the written law in respect of which it is made shall be read and construed in respect of anytime on or after the date upon which the order has effect as if the written law were amended in conformity with the order: Provided that, the order or this subsection shall not affect the validity of anything previously done under any power or duty transferred or the validity of the delegation, by a previous holder, of any power or duty, but the same shall continue to be in force and effect as if it had been done, or as if the power or duty had been delegated, by the current holder of the power or duty, until revoked, amended or replaced by an authority having power in that behalf, or until it expires. (4) An order made under this section shall be laid before the National Assembly.

3.–(1) Subject to the provisions of section 4- (a) the President may, by order published in the Gazette, delegate to any person, the exercise of any power or the performance of any duty vested in him by any written law; or (b) a Minister may, by order published in the Gazette, delegate to any person the exercise of any power or the performance of any duty vested in him by any written law. (2) An order made under this section may- (a) be made subject to the conditions, qualifications or exceptions as may be prescribed therein; (b) be expressed to have effect retrospectively from any date specified therein, and, where expressed, shall have effect accordingly; and (c) be revoked or varied by a subsequent order made in the like manner. (3) The President or a Minister, may exercise a power or perform a duty notwithstanding that, he has delegated the exercise or performance thereof to some other person. 87 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE TRANSFER AND DELEGATION OF POWERS ACT [CAP. 362 R.E. 2023] (4) The renovation of any order under this section shall not affect the validity of anything previously done under any power or duty delegated, but the same shall continue to be in force and effect until revoked, amended or replaced by an authority having power in that behalf, or until it expires. Exceptions

4.–(1) The President shall not transfer or delegate under this Act, the exercise of any power or the performance of any duty- (a) conferred or imposed upon him by the Constitution; or (b) which he is expressly prohibited from transferring or delegating by other law. (2) A Minister shall not delegate under this Act the exercise of any power or the performance of any duty- (a) conferred or imposed on him by the Constitution; (b) to make rules or to hear appeals; or (c) which he is expressly prohibited from delegating by any other law. Repeal

5. [Repeal of R.L. Caps. 1 and 444 with saving.] 88 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.