THE WRITTEN LAWS (MISCELLANEOUS AMENDMENTS) (NO.3)

No.9 Written Laws (Miscellaneous Amendments) Act, 2019
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THE WRITTEN LAWS (MISCELLANEOUS AMENDMENTS) (NO.3)
ACT, 2019
ARRANGEMENT OF SECTIONS
Section Title
PART I
PRELIMINARY PROVISIONS
1. Short title.
2. Amendment of certain written laws.
PART II
AMENDMENT OF THE COMPANIES ACT,
(CAP. 212)
3. Construction.
4. Amendment of section 2.
5. Amendment of section 3.
6. Addition section 3A.
7. Amendment of section 12.
8. Amendment of section 14.
9. Amendment of section 32.
10. Addition section of 400A.
ISSN 0856 – 033IX
THE UNITED REPUBLIC OF TANZANIA
ACT SUPPLEMENT
No. 9 30th June, 2019
to the Special Gazette of the United Republic of Tanzania No. 27 Vol 100 dated 30th June, 2019
Printed by the Government Printer, Dar es Salaam by Order of Government
No.3 Written Laws (Miscellaneous Amendments) Act, 2019
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PART III
AMENDMENT OF THE COPYRIGHT AND NEIGHBOURING RIGHTS ACT,
(CAP. 218)
11. Construction.
12. Amendment of section 4.
13. Amendment of section 9.
14. Addition of section 15A.
15. Amendment of section 42.
16. Addition of section 42A.
17. Amendment of section 47.
PART IV
AMENDMENT OF THE FILMS AND STAGE PLAYS ACT,
(CAP. 230)
18. Construction.
19. General amendment.
20. Amendment of section 2.
21. Addition of section 6A.
22. Repeal and replacement of section 14.
23. Amendment of section 15.
24. Amendment of section 16.
25. Addition of section 31A.
26. Amendment of section 34.
27. Amendment of section 38.
PART V
AMENDMENT OF THE NON-GOVERNMENTAL ORGANIZATIONS ACT,
(CAP. 56)
28. Construction.
29. Amendment of section 2.
30. Amendment of section 4.
31. Addition of section 4A.
No.3 Written Laws (Miscellaneous Amendments) Act, 2019
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32. Addition of section 8A.
33. Amendment of section 11.
34. Amendment of section 17.
35. Amendment of section 29.
36. Amendment of section 31.
PART VI
AMENDMENT OF THE SOCIETIES ACT,
(CAP. 337)
37. Construction.
38. General amendment.
39. Amendment of section 2.
40. Repeal of sections 3 and 4.
41. Repeal and replacement of section 7.
42. Amendment of section 8.
43. Repeal of section 9.
44. Amendment of section 10.
45. Repeal of sections 11 and 12.
46. Amendment of section 14.
47. Repeal of section 16.
48. Amendment of section 17.
49. Amendment of section 19.
50. Amendment of section 20.
51. Amendment of section 25.
52. Amendment of section 26.
53. Amendment of section 27.
54. Repeal of section 28.
PART VII
AMENDMENT OF STATISTICS ACT,
(CAP. 351)
55. Construction.
56. Amendment of section 3.
No.3 Written Laws (Miscellaneous Amendments) Act, 2019
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57. Amendment of section 6.
58. Amendment of section 19.
59. Repeal and replacement of sections 24A and 24B.
60. Amendment of section 37.
PART VIII
AMENDMENT OF TANZANIA SHIPPING AGENCIES ACT,
(CAP. 415)
61. Construction.
62. Amendment of section 2.
63. Amendment of section 3.
64. Amendment of section 5.
65. Amendment of section 7.
66. Amendment of section 10.
67. Amendment of section 11.
68. Amendment of section 13.
69. Amendment of section 22.
70. Amendment of section 30.
71. Amendment of section 31.
72. Amendment of section 46.
73. Amendment of the Schedule.
PART IX
AMENDMENT OF THE TRUSTEE'S INCORPORATION ACT,
(CAP. 318)
74. Construction.
75. General amendment.
76. Addition of section 1A.
77. Amendment of section 14.
No.3 Written Laws (Miscellaneous Amendments) Act, 2019
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THE UNITED REPUBLIC OF TANZANIA
NO. 9 OF 2019
I ASSENT
JOHN POMBE JOSEPH MAGUFULI
President
[30th June, 2019]
An Act to amend certain written laws.
ENACTED by Parliament of the United Republic of Tanzania.
PART I
PRELIMINARY PROVISIONS
Short title 1. This Act may be cited as the Written Laws
(Miscellaneous Amendments) (No. 3) Act, 2019.
Amendment
of certain
written laws
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 COMPANIES ACT,
(CAP. 212)
Construction
Cap.212
3. This Part shall be read as one with the Companies
Act, hereinafter referred to as the “principal Act”.
No.3 Written Laws (Miscellaneous Amendments) Act, 2019
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Amendment
of section 2
4. The principal Act is amended in section 2, by -
(a) deleting the definition of the term “company” and
substituting for it the following:
“company” means a company formed and registered under
this Act or an existing company established for
investment, trade or commercial activities and any
other activity as the Minister may, by notice
published in the Gazette, prescribe;
(b) inserting in the respective appropriate alphabetical
order the following new definitions:
“commercial activities” means all activities of industry
and trade, including, but not limited to, the
buying or selling of commodities and activities
conducted for the purpose of facilitating such
buying and selling;
“investment activities” means transactions involving
sale or purchase of equipment plants, properties,
securities, capital, stocks, debentures or other
assets generally not held for immediate re-sale and
any other activity as the Minister may, by notice
published in the Gazette, prescribe;
“trade” means the transfer of goods or services from one
person to another.”.
Amendment
of section 3
5. The principal Act is amended in section 3, by
adding immediately after subsection (2) the following-
“(3) A company which is limited by guarantee
which intends to promote commerce, investment, trade or
any other activity as the Minister may, by notice published
in the Gazette, prescribe, shall be incorporated or registered
under this Act; ”.
Addition of
section 3A
6. The principal Act is amended by adding
immediately after section 3 the following:
“Compliance
with Act
3A.-(1) A company referred to under
No.3 Written Laws (Miscellaneous Amendments) Act, 2019
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section 3(3) which was incorporated or
registered prior to the coming into
operation of this section shall, within two
months from the date of coming into
operation of this section, be required to
comply with the provisions of this Act.
Cap. 56
Cap. 56
(2) A company limited by
guarantee not having share capital,
incorporated or registered under this Act
and obtained a certificate of compliance
under the provisions of the Non-
Governmental Organizations Act, shall,
within two months from the date of
coming into operation of this section be
deemed to have been registered under the
Non-Governmental Organizations Act
and struck off from the register.
(3) Notwithstanding the provisions
of this section, the Minister may, upon
application, extend the time within which
the company has to shift to its appropriate
registry.
(4) The Minister shall, when
extending time applied for under
subsection (3), transmit the information
for such extension to the Minister under
whom the registry in which the company
required to register belongs.”
Amendment
of section 12
7. The principal Act is amended in section 12(1), by
inserting at the beginning of paragraph (b) the following-
“Subject to section 3(3),”.
Amendment
of section 14
8. The principal Act is amended in section 14, by
adding immediately after subsection (5) the following:
No.3 Written Laws (Miscellaneous Amendments) Act, 2019
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“(6) The Registrar shall not register or maintain in the
register a company limited by guarantee which does not fall
under section 3(3)”.
Amendment
of section 32
9. The principal Act is amended in section 32, by
deleting subsection (1) and substituting for it the following-
“(1) Where it is proved to the satisfaction of the
Registrar that an association about to be formed as a private
company for promoting commerce intends to apply its
profits, if any, or other income in promoting its objects, and
to prohibit the payment of any dividend to its members, the
Registrar may by licence direct that the association may be
registered as a private company with limited liability,
without the addition of the word “limited” to its name, and
the association may be registered accordingly and shall on
registration, enjoy all the privileges and, subject to the
provisions of this section, be subject to all the obligations
of limited companies.”
Addition of
section 400A
10. The principal Act is amended by adding
immediately after section 400 the following-
“Powers of
Registrar to
strike off a
company
fraudulently
registered or
conducting
illegal
business
400A.-(1) Where the Registrar has
reasonable cause to believe that-
(a) a registered company has been
fraudulently registered;
(b) a registered company is engaged
in criminal activities such as
money laundering, human
trafficking, drug trafficking,
terrorism financing or any other
offence as may be prescribed by
the Minister upon consultation
with the relevant authorities;
(c) at the time of incorporation,
there was misrepresentation or
fraud by a registered company;
No.3 Written Laws (Miscellaneous Amendments) Act, 2019
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(d) by operation of law, all
shareholders or directors have
been prohibited from entering
the country; or
(e) a registered company is
operating contrary to its
objectives as prescribed in the
memorandum and articles of
association,
he shall issue a notice in writing to the
company, of his intention to strike the
company off the register.
(2) Upon receipt of the notice
referred to under subsection (1), the
company may, within thirty days-
(a) provide to the Registrar
reasons in writing as to why
the company should not be
struck off the register; or
(b) challenge the notice of
intention to strike the
company off register by
making an application to the
court of competent
jurisdiction.
(3) Where the company fails to
provide reasons under subsection (2)
within the prescribed time or where the
reasons provided are not satisfactory,
the Registrar shall strike the company
off register, publish in the Gazette the
name of the company which has been
struck off and notify the company of its
decision and the reasons thereof.
No.3 Written Laws (Miscellaneous Amendments) Act, 2019
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(4) Where a company, member
or creditor is aggrieved by the decision
of the Registrar under subsection (3)
shall, within five years from the date of
publication in the Gazette, apply to the
court for restoration of the company in
the register:
Provided that, the Registrar shall not,
within such period of five years,
register another company with the same
name.
(5) Upon receipt of the
application for restoration, the court
may-
(a) order restoration of the company
in the register; and
(b) give such directions and make
such provisions as seem just for
placing the company and all
other persons in the same
position as nearly as may be as if
the name of the company had not
been struck off.
(6) The company restored under
subsection (5) shall be deemed to have
continued in existence as if its name
had not been struck off, and the court
may, by order, give such directions and
make such provisions as seem just for
placing the company and all other
persons in the same position as nearly
as may be as if the name of the
company had not been struck off.
(7) The Minister may make
regulations necessary or convenient for
No.3 Written Laws (Miscellaneous Amendments) Act, 2019
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better carrying out or giving effect to
this section.”
PART III
AMENDMENT OF THE COPYRIGHT AND NEIGHBOURING RIGHTS ACT,
(CAP. 218)
Construction
Cap. 218
11. This Part shall be read as one with the Copyright
and Neighbouring Rights Act, hereinafter referred to as the
“principal Act”.
Amendment
of section 4
12. The principal Act is amended in section 4, by
deleting the definition of the word “Court” and substituting
for it the following:
““court” means the court of competent
jurisdiction;”
Amendment
of section 9
13. The principal Act is amended in section 9, by-
(a) inserting immediately after paragraph (h) the
following:
“(i) right to benefit from re-sale;”
(b) renaming paragraph (i) and (j) as paragraphs (j)
and (k) respectively;”
Addition of
section 15A
14. The principal Act is amended by adding
immediately after section 15 the following-
“Requirement
for
authorization
15A. Any person who intends to use any right
protected pursuant to the provisions of this
Act, shall be obliged to seek authorization
from the copyright’s holder.”
Amendment
of section 42
15. The principal Act is amended in section 42 by-
(a) in subsection (1), deleting paragraphs (a) and (b)
and substituting for them the followingNo.
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“(a) in the case of the first offence in
commercial basis, a fine of not less than
twenty million shillings or thirty
percentum of the value of the pirated
copyright material, whichever is higher
or to imprisonment for a term of not less
than six months but not exceeding three
years or to both; and
(b) in case of each subsequent offence in
commercial basis, a fine of not less
than thirty million shillings or fifty
percentum of the value of the pirated
copyright material, whichever is higher
or to imprisonment for a term of not
less than twelve months but not
exceeding five years or to both, in
addition, the court may order
compensation to the right holder."
(b) by adding immediately after subsection
(1) the following:
Cap. 172
“(1A) In addition to the punishment under
subsection (1), where the offender is a
legal person regulated by Tanzania
Communications Regulatory Authority, the
person may be subjected to suspension in
accordance with the Tanzania
Communications Regulatory Authority
Act.”
Addition of
section 42A
16. The principal Act is amended by adding
immediately after section 42 the following new section-
“Compounding
of offences
42A.-(1) Notwithstanding the
provisions of this Act relating to
penalties, where a person admits in
writing that he has committed an offence
No.3 Written Laws (Miscellaneous Amendments) Act, 2019
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under this Act, the Copyright
Administrator or a person authorised by
him in writing may, at any time prior to
the commencement of the proceedings by
a court of competent jurisdiction,
compound such offence and order such
person to pay-
(a) the sum of money together with
all reasonable expenses
Copyright Society of Tanzania
may have incurred in connection
with the offence; and
(b) all fees and charges which would
have been due where the action
had been authorised under this
Act.
(2) Where an offence is
compounded in accordance with
subsection (1) and criminal proceedings
are brought against the offender for the
same offence, it shall be a good defence
for such offender to prove to the
satisfaction of the Court that the offence
with which the offender is charged has
been compounded under subsection (1).
(3) Where a person fails to
comply with the order issued under this
section within the prescribed period, the
Copyright Administrator -
(a) shall, in addition to sum ordered,
require the person to pay an
interest at the rate prescribed in
the regulations; and
No.3 Written Laws (Miscellaneous Amendments) Act, 2019
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(b) may enforce the order in the
same manner as a decree of a
court for the payment of the
amount stated in the
notification.”
(4) Where an offence is
compounded under this section, the
payment of sum of money shall not
exceed twenty million shillings.”.
Amendment
of section 47
17. The principal Act is amended in section 47,
by inserting the word “contracts” between the words
“works,” and “productions” appearing in paragraph
(b).”
PART IV
AMENDMENT OF THE FILMS AND STAGE PLAYS ACT,
(CAP. 230)
Construction
Cap. 230
18. This Part shall be read as one with the Films and
Stage Plays Act, hereinafter referred to as the “principal
Act”.
General
amendment
19. The principal Act is generally amended by
deleting the words “Central Censorship Board” and
“Regional Censorship Board” wherever they appear in the
Act and substituting for them the words “Tanzania Film
Board” and Regional Film Board” respectively.
Amendment
of section 2
20. The principal Act is amended by-
(a) inserting in their appropriate alphabetical order
the following new definitions:
“classification and certification” means a motion
picture content rating system designated to
classify films with regard to suitability for
audiences in terms of issues such as sex,
No.3 Written Laws (Miscellaneous Amendments) Act, 2019
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violence, substance abuse, profanity,
impudence or other type of mature content;
“film association” means any group, network or
federation dealing with matters related to film
and stage plays;
“film industry” comprises the technological and
commercial institutions of film making, film
production companies, film studios, filming
and photographic agents and fixers,
cinematography, animation, film product,
screen writing, pre-production, film festivals,
distribution and actors, film directors and
other film crew personnel;
“Board” means the Tanzania Film Board;”
(b) deleting the definition of the term “theatre” and
substituting for it the following:
“theatre” means any building, premise, venue, video
exhibition centres or place at which a film is
publicly exhibited or a stage play is publicly
performed;” and
(c) deleting the words “censorship of” appearing in
the definition of the term “Minister”.
Addition of
section 6A
21. The principal Act is amended by adding
immediately after section 6 the following new section:
“Requirement
for foreign
production
company
6A.-(1) Any foreign production
company or individual using Tanzania
scene, content and location for filming
the whole or any part of a film,
advertisement, documentary or
program, shall-
(a) submit to the Board raw footage;
(b) acknowledge all physical
locations used for filming;
No.3 Written Laws (Miscellaneous Amendments) Act, 2019
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(c) submit a copy of a finished film,
advertisement, documentary or
program;
(d) sign a prescribed clearance form
before exiting Tanzania and
submit the same to the Board or
any other authority appointed by
the Board; and
(e) grant rights to the government of
Tanzania to use content for the
purposes of promoting Tanzania
and its potential resources,
tourism, photographic location
and cultural attraction which are
distributed through public
broadcasts, cable programs,
sound or visual recordings or any
other digital platform used by
public broadcaster:
Provided that, such use is compatible
with fair practice and that the source
and the name of the executive producer
and production company are mentioned
in the film, documentary or
advertisement.
(2) Any person who contravenes
subsection (1) shall, upon conviction,
be liable to a fine of not less than five
percentum of the production cost of the
film, advertisement, documentary or
program.
(3) Every foreign film producer
shall include a public liability insurance
policy and insurance policy in every
No.3 Written Laws (Miscellaneous Amendments) Act, 2019
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contract he signs with actors and crew.
(4) Any person who contravenes
subsection (3) shall, upon conviction,
be liable to a fine of not less than one
percentum of the production cost of the
film.”
Repeal and
replacement
of section 14
22. The principal Act is amended by repealing
section 14 and replacing for it the following:
“Functions
of Board
14.-(1) The Board shall have the following
functions:
(a) to regulate film industry and stage
plays, foreign and local motion
pictures, television, radio and stage
plays’ practitioners and dealers;
stage plays production and
performances;
(b) to monitor the quality of motion
pictures and stage plays;
(c) to license distribution, exhibition,
motion pictures, stage plays’
exhibition venues, libraries, studios,
production and distribution companies
and individuals, online distribution
and exhibition infrastructures;
(d) to accredit, classify and register
practitioners and dealers of motion
pictures, television plays, radio plays
and stage plays;
(e) to coordinate and promote
development of film sector, local and
international markets, motion picture
festivals and awards, talent identification,
talent promotion, activities and
events related to film and stage
No.3 Written Laws (Miscellaneous Amendments) Act, 2019
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plays;
(f) to classify and certify motion
pictures, video films and stage plays;
(g) to advise the government and
stakeholders on matters of or related
to the film sector in Tanzania;
(h) to solicit for opportunities and
investments in motion pictures and
stage plays;
(i) to supervise and regulate
professionalism, ethics and etiquettes
in the film industry and stage play;
and
(j) to perform any other functions
related to motion pictures and stage
plays.
(2) Without prejudice to subsection
(1), it shall be the duty of every film Board
to examine every film, and every poster or
description thereof, submitted to it under
this Act, with a view to deciding whether,
and if so in what manner, it should be
approved for exhibition:
Provided that, and notwithstanding the
provision of section 18, if the Board so
decides, it may approve a film or poster for
exhibition to the public without examining
it.
(3) There shall be film committee
established in every district which shall be
appointed by the Board.
(4) The film committee appointed
under subsection (3) shall perform duties as
may directed by the Board.”
No.3 Written Laws (Miscellaneous Amendments) Act, 2019
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Amendment
of section 15
23. The principal Act is amended in section 15(1),
by deleting the word "censorship" appearing in paragraph (c)
and substituting for it the words "classification and
certification".
Amendment
of section 16
24. The principal Act is amended in section 16, by
deleting subsection (1) and substituting for it the following:
“(1) A person shall not display or advertise or cause
or permit to be displayed or advertised in a public place, so
as to be visible from a public place, any film poster unless a
Film Board has first approved a poster for public display
through any platform or media display.”.
Addition of
section 31A
25. The principal Act is amended by adding
immediately after section 31 the following:
“Profit
returns
31A.-(1) The Board shall, for every usage,
sale, and re-sale of contents filmed in
Tanzania by a foreign film producer, be
entitled to a prescribed benefits.
(2) The Minister may make
regulations prescribing for-
(a) determinations of benefits
referred to under subsection
(1);
(b) terms and conditions for
acquisition of producers’
filming permits issued pursuant
to section 5.
(3) The Board shall set guidelines and
procedures for accessing famous filming
locations.”.
No.3 Written Laws (Miscellaneous Amendments) Act, 2019
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Amendment
of section 34
26. The principal Act is amended in section 34(2), by
deleting the word “negative” appearing in paragraph (a) and
substituting for it the words “footage clip or any material
used to make such film.”.
Amendment
of section 38
27. The principal Act is amended in section 38, by-
(a) adding immediately after paragraph (q) the
following:
“(r) prescribing the code of conduct and discipline,
professional ethics and etiquettes in the film industry and
stage play”;
(b) renumbering paragraph (r) as paragraph (s).
PART V
AMENDMENT OF THE NON-GOVERNMENTAL ORGANIZATIONS ACT,
(CAP. 56)
Construction
Cap.56
28. This Part shall be read as one with the Non-
Governmental Organizations Act, hereinafter referred to as
the “principal Act”.
Amendment
of section 2
29. The principal Act is amended in section 2, by
deleting the definition of the term “Non-Governmental
Organisation” and substituting for it the following:
“Non-Governmental Organization” also known by
its acronym "NGO'' and which includes Community
Based Organisation (CBO) means a voluntary
grouping of individuals or organizations which is
non-partisan or non-profit sharing established and
operates for the benefit or welfare of the community
or public, organized at the local, national or
international levels for the purpose of enhancing or
promoting economic, environmental, social or
cultural development or protecting environment,
good governance, law and order, human rights and
No.3 Written Laws (Miscellaneous Amendments) Act, 2019
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lobbying or advocating on such issues; but does not
include:
Cap.
212
(a) a company formed and registered under the
Companies Act,
Cap.
318
(b) a trust formed and registered under the
Trustees’ Incorporation Act;
Cap.
366
(c) a trade union formed and registered under
the Employment and Labour Relations Act;
(d) a religious or faith propagating organisation;
Cap.
211
(e) a cooperative society formed and registered
under the Cooperative Societies Act;
(f) an agricultural association formed and
registered under any written law other than
this Act;
Cap.
337
(g) a society formed and registered under the
Societies Act;
Cap.
258
(h) a political party formed and registered under
the Political Parties Act;
Cap.
407
(i) a community microfinance group (VICOBA)
registered under the Microfinance Act;
(j) a sports association formed and registered
under the National Sports Council of
Tanzania Act; and
(k) any organisation which the Minister may, by
order published in the Gazette, declare not to
be a non-governmental organisation for the
purpose of this Act;
Amendment
of section 4
30. The principal Act is amended in section 4(1), by-
(a) inserting immediately after paragraph (h) the
following:
“(i) to suspend the operation of any Non-
Governmental Organization which
violates the provisions of this Act
No.3 Written Laws (Miscellaneous Amendments) Act, 2019
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pending determination of the Board;
(j) to conduct monitoring and evaluation
of Non-Government Organizations
activities on quarterly basis and
report to the Board;” and
(b) renumbering paragraph (i) as paragraph (k).
(c) adding immediately after section (2) the
following:
"(3) Notwithstanding subsection (1)(i), the registrar
shall, before suspending the operations of a Non-
Governmental Organization, give such Organization, a
notice of thirty days to show cause as to why its operations
should not be suspended, and report to the Board
accordingly.
(4) The Minister may issue guidelines which are
necessary for monitoring and evaluating the operations of
the Non-Governmental Organizations.”
Addition of
section 4A
31. The principal Act is amended by adding
immediately after section 4 the following:
“Power to
investigate
4A.-(1) The Registrar may, in
implementing the duties under section 4
and in collaboration with law enforcement
organs, investigate any matter as required.
(2) The Registrar may require any law
enforcement organ or public entity to
provide such facilities and services of its
employees as may be deemed necessary to
assist the Registrar in performing the
functions under this Act.
(3) It shall be the duty of every person, law
enforcement organ or public entity to
afford the Registrar the cooperation and
assistance necessary to enable the
performance of his functions under this
Act or any other written laws.”
No.3 Written Laws (Miscellaneous Amendments) Act, 2019
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Addition of
section 8A
32. The principal Act is amended by adding
immediately after section 8 the following:
“De-registration
of Non-
Government
Organization
8A.-(1). An Organization registered under
this Act, and which does not fit to be a
Non-Governmental Organization by
virtue of section 2 shall, after expiration
of two months from the date of coming
into operation of this section, be deemed
to have been de-registered.”
(2) Notwithstanding the provisions of
subsection (1), the Minister may, upon
application, extend the time within
which an organization has to shift to its
appropriate registry.
(3) The Minister shall, when extending
time applied for under subsection (2),
transmit the information for such
extension to the Minister under whom
the registry in which the organization
required to register belongs.”.
Amendment
of section 11
33. The principal Act is amended in section 11, by
deleting subsections (3), (4), (5) and (6).
Amendment
of section 17
34. The principal Act is amended in section 17, by
adding immediately after subsection (2) the following:
“(3) A certificate of registration issued under this
section shall be subject to renewal after a period of ten
years.
(4) An application for renewal of certificate of
registration shall be made six months before the expiry date
of its registration.
(5) The Board shall renew a certificate of
registration upon being satisfied that the organization has
No.3 Written Laws (Miscellaneous Amendments) Act, 2019
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complied with the requirements of registration under this
Act and any other written laws.
(6) Notwithstanding subsection (5), the Board shall,
in deciding whether to renew or refuse renewal of certificate
of registration, adhere to the conditions stated under section
14 of this Act.”
(7) The Minister may make regulations for better
carrying out the provisions of this section.”
Amendment
of section 29
35. The principal Act is amended in section 29(1),
by adding at the end of paragraph (b) the words “and shall
be made available to the public”.
Amendment
of section 31
36. The principal Act is amended in section 31, by-
(a) adding immediately after paragraph (b) the
following-
“(c) to adhere to the principles of financial transparency and
accountability as prescribed under other written laws;” and
(b) renumbering paragraph (c) as paragraph (d).
PART VI
AMENDMENT OF THE SOCIETIES ACT,
(CAP. 337)
Construction
Cap.337
37. This Part shall be read as one with the Societies
Act, hereinafter referred to as the “principal Act”.
General
amendment
38. The principal Act is amended generally, by -
(a) deleting the words “local society” wherever they
appear in the Act and substituting for them the words
“society”;
(b) deleting the words “order and good government”
wherever they appear in the Act and substituting for
them the words “order, morality and good
governance”; and
No.3 Written Laws (Miscellaneous Amendments) Act, 2019
25
(c) deleting the word “President” wherever it appears in
the Act except under sections 5 and 8, and
substituting for it the word “Registrar”.
Amendment
of section 2
39. The principal Act is amended in section 2, by-
(a) deleting the definition of the terms “ exempted
society” and “local society”; and
(b) deleting the definition of the word “society” and
substituting for it the following:
“society” means a non-partisan and non-political
association of ten or more persons established for
professional, social, cultural, religion or economic
benefits or welfare of its members, formed and
registered as such under this Act, but does not
include-
Cap. 212
(a) a company formed and registered under the
Companies Act;
Cap. 318
(b) a trust formed and registered under the
Trustees’ Incorporation Act;
Cap. 366
(c) a trade union formed and registered under
the Employment and Labour Relations Act;
Cap. 211
(d) a cooperative society formed and registered
under the Cooperative Societies Act;
(e) an agricultural association formed and
registered under any written law other than
this Act;
Cap. 258
(f) a political party formed and registered
under the Political Parties Act;
Cap. 56
(g) a non-governmental organisation formed
and registered under the Non-
Governmental Organisations Act;
(h) a community microfinance group
(VICOBA) registered under the
No.3 Written Laws (Miscellaneous Amendments) Act, 2019
26
Cap. 407 Microfinance Act;
Cap. 49
(i) a sports association formed and registered
under the National Sports Council of
Tanzania Act; and
(j) any society which the Minister may, by
order published in the Gazette, declare not
to be a society for the purpose of this Act;
(c) deleting the definition of the words “unlawful
society” and substituting for them the following-
“unlawful society” means any society declared as
such pursuant to section 8”.
Repeal of
sections 3 and
4
40. Sections 3 and 4 of the principal Act are hereby
repealed and replaced with the following:
“Registration
of association
3. An association shall not operate as a
society within the meaning of this Act,
unless it is registered with the Registrar in
accordance with the provisions of this
Act.”
Cessation of
registered
society
4. An association registered under this Act,
and which does not fit to be a society by
virtue of section 2 shall, after expiration of
two months from the date of coming into
operation of this section, be deemed to
have been de-registered.
Power of
Minister to
extend time
5.-(1) Notwithstanding the provisions of
this Act, the Minister may, upon
application, extend the time within which
the association has to shift to its
appropriate registry.
(2) The Minister shall, when extending
time applied for under section (1), transmit
the information for such extension to the
No.3 Written Laws (Miscellaneous Amendments) Act, 2019
27
Minister under whom the registry in which
the organization required to register
belongs.”
Repeal and
replacement of
section 7
41. The principal Act is amended by repealing
section 7 and replacing for it the following:
“Registration
of societies
7.-(1) A foreign society intending to
operate in Tanzania shall comply with
registration requirements under this Act.
(2) It shall be an offence for any society
which is not registered in accordance with
the provisions of this Act to carry out its
business as a society in Tanzania.
(3) For the purpose of this section,
"foreign society" means a society
registered outside of the United Republic
and operates in the country.”
Amendment
of section 8
42. The principal Act is amended in section 8, by-
(a) deleting subsection (2) and substituting for it the
following:
(2) Any society declared by order of the
President to be a society dangerous to the
good governance of Tanzania, shall be
declared to be unlawful under the
provisions of this section and every such
order made under the provisions of this
section shall continue in force until
revoked under this Act.
(b) deleting the words "or deemed to be made"
appearing in subsections (3) and (4);
(c) deleting subsection (6) and substituting for it the
following:
“(6) Any society against which an order under this section
is made, shall be de-registered.”
No.3 Written Laws (Miscellaneous Amendments) Act, 2019
28
Repeal of
section 9
43. The principal Act is amended by repealing
section 9.
Amendment
of section 10
44. The principal Act is amended in section 10, by-
(a) deleting marginal note and substituting for it the
following “Provisions on de-registration”;
(b) deleting subsection (1) and substituting for it the
following:
“(1) The provisions of this section shall apply to any society
whose registration has been cancelled under this Act.”
Repeal of
sections 11
and 12
45. The principal Act is amended by repealing
sections 11 and 12.
Amendment
of section 14
46. The principal Act is amended in section 14, by
deleting the opening words and substituting for them the
following:
“The Registrar shall not register a society if-”
Repeal of
section 16
47. The principal Act is amended by repealed
section 16.
Amendment
of section 17
48. The principal Act is amended in section 17, by
deleting the words “effected under section 12” appearing in
the opening phrase and substituting for them the words
“registered under the provisions of this Act”
Amendment
of section 19
49. The principal Act is amended in section 19, by
deleting the words “section 8 is in force” and substituting
for them the words “sections 8, 14 and 17”.
Amendment
of section 20
50. The principal Act is amended in section 20, by-
(a) deleting the words “or exempted society”
No.3 Written Laws (Miscellaneous Amendments) Act, 2019
29
appearing in subsection (1); and
(b) deleting the words “or exempted society, as the
case may be” appearing in subsection (2).
Amendment
of section 25
51. The principal Act is amended in section 25, by-
(a) in subsection (1), deleting the words “not exceeding
ten thousand shillings” and substituting for them the
word “not less than one million shillings but not
exceeding ten million shillings”;
(b) in subsection (2), deleting the phrase "subordinate
court presided over by a District magistrate of a
Resident Magistrate" appearing in subsection (2) and
substituting for it the words "District Court presided
over by Resident Magistrate;"
Amendment
of section 26
52. The principal Act is amended in section 26, by
deleting the words “not exceeding five thousand shillings”
and substituting for them the words “not less than two
hundred thousand shillings but not exceeding two million
shillings”.
Amendment
of section 27
53. The principal Act is amended in section 27, by
deleting the words “not exceeding five thousand shillings”
and substituting for them the word “not less than two
hundred thousand shillings but not exceeding two million
shillings”.
Repeal of
section 28
54. Section 28 of the principal Act is hereby
repealed.
No.3 Written Laws (Miscellaneous Amendments) Act, 2019
30
PART VII
AMENDMENT OF STATISTICS ACT,
(CAP. 351)
Construction
Cap. 351
55. This Part shall be read as one with the Statistics Act,
hereinafter referred to as the “principal Act”.
Amendment
of section 3
56. The principal Act is amended in section 3, by
(a) deleting the definitions of the terms “statistical
information” and “survey” and substituting for them
the following:
“statistical information” means any organized data
obtained from census, surveys or administrative
data; and
“survey” means method of collecting data from a sample
of population with a national, regional or district
level coverage;”
(b) inserting in their appropriate alphabetical order the
following:
“international standards” means standards or guidelines
for producing statistical information prescribed in
the African Charter on Statistics, 2009, the
Fundamental Principles of Official Statistics of the
United Nations, other standards issued by recognized
international organizations and includes international
best practices;
“national standards” means standards or guidelines for
producing statistical information issued by the
Bureau”;
Amendment
of section 6
57. The principal Act is amended in section 6, by-
(a) inserting immediately after paragraph (f) the
following:
“(g) coordinate publishing of statistical information;”
and
No.3 Written Laws (Miscellaneous Amendments) Act, 2019
31
(b) renaming paragraphs (g) and (h) as paragraphs (h)
and (i) respectively.
Amendment
of section 19
58. The principal Act is amended in section 19, by
inserting the words “and publish” between the words “collect”
and “official”.
Repeal and
replacement
of sections
24A and
24B
59. The principal Act is amended by repealing sections
24A and 24B and replacing for them the following:
“Establishment
of Technical
Committee
24A.-(1) There shall be established a Committee
to be known as the Statistics Technical
Committee which shall be responsible for
determination of matters referred to it pursuant to
the provisions of this Part.
(2) The Technical Committee shall work
on ad hoc basis and shall be composed of the
following members who shall be appointed by
the Minister:
(a) Chairman;
(b) two members who are knowledgeable on
statistics from higher learning institutions
or research institutions, one of whom
shall be from outside the Country; and
(c) two other members who are conversant
with and possess expertise on matters
relating to statistics and the subject to be
determined, one of whom shall be from
outside the Country.
(3) For the purposes of this section, the
Minister may make regulations prescribing-
(a) modality of referring matters to the
Technical Committee;
(b) mode of publication of the findings of the
Technical Committee;
No.3 Written Laws (Miscellaneous Amendments) Act, 2019
32
(c) appointment of members referred to
under subsection (2)(c); and
(d) procedures for conducting proceedings of
the Technical Committee.
(4) In discharging its mandate, the
Technical Committee shall abide with the
international standards, national standards and
provisions of this Act.
Principles
guiding
collection and
dissemination of
statistical
information
24B.-(1) Every person shall, subject to the
provisions of this Act, have a right to collect and
disseminate statistical information.
(2) Any person who intends to disseminate
collected statistical information pursuant to this
section shall abide with international standards,
national standards and the provisions of this Act
governing statistical information.
(3) Without prejudice to the generality of
subsection (2), a person intending to disseminate
statistical information shall, before disseminating
such information, take into consideration-
(a) professional considerations, scientific
principles and professional ethics on the
methods and procedures for the
collection, processing, storage and
presentation of statistical data;
(b) the duty to present information in
accordance with scientific standards on
the sources, methods and procedures of
statistics; and
(c) the duty of ensuring objectivity and
impartiality in reporting the results of
statistical information.
No.3 Written Laws (Miscellaneous Amendments) Act, 2019
33
Right of Bureau
to challenge
statistical
information
from other
sources
24C.-(1) Notwithstanding the provisions of
sections 24B, the Bureau shall have the right to
challenge the misuse or misinterpretation of
statistical information disseminated by any other
person if such statistical information contains
fundamental errors or does not abide with the
principles specified under section 24B(3).
(2) In exercising the right under
subsection (1), the Bureau may-
(a) make a statement to the public pointing
out the fundamental errors identified and
principles not abided with; or
(b) refer the matter to the Technical
Committee for determination.
Right to
challenge
statistics
produced by
Bureau
24D. Every person shall have the right to
challenge official statistics produced by the
Bureau by, subject to the procedure specified in
the regulations, referring the matter to the
Technical Committee for determination.
Right to publish
findings
24E.-(1) A person who has different findings
from official statistics disseminated by the
Bureau shall, subject to the provisions of this
Act, have the right to publish such findings and
submit such findings to the Bureau.
(2) Where the Bureau disagrees with the
findings published under subsection (1), may
challenge such official statistics by-
(a) publishing a statement pointing out all
areas of disagreement; or
(b) referring the matter to the Technical
Committee for determination.
No.3 Written Laws (Miscellaneous Amendments) Act, 2019
34
Determination
by Technical
Committee
24F.-(1) Upon receipt of any matter referred to it
pursuant to this Part, the Technical Committee
shall determine and publish its findings
accordingly.
(2) The determination of the Technical
Committee referred to under subsection (1) of the
Technical Committee shall be final and
conclusive.
(3) Notwithstanding subsection (1),
where, before the Technical Committee
determines the matter brought before it, the
author of the information decides to withdraw
publication of such information or agrees to
correct the information to the extent of
disagreement, the Technical Committee shall-
(a) in the case of withdrawal, direct the
author to publish his decision to
withdrawal and give the reasons thereof;
and
(b) in the case of correction, cause the
corrections made to the information be
published.”.
Amendment
of section 37
60.The principal Act is amended in section 37,
by-
(a) deleting subsection (4); and
(b) renumbering subsection (5) as subsection
(4).”
No.3 Written Laws (Miscellaneous Amendments) Act, 2019
35
PART VIII
AMENDMENT TANZANIA SHIPPING AGENCIES ACT,
(CAP. 415)
Construction
Cap.415
61. This Part shall be read as one with the
Tanzania Shipping Agencies Act hereinafter
referred to as the “principal Act.”
Amendment
of section 2
62. The principal Act is amended in section 2, by
deleting the words “at sea ports and inland
waterways ports”.
Amendment
of section 3
63. The principal Act is amended in section 3, by-
(a) inserting in its alphabetical order the
following new definitions:
““airport” means a defined area on land or water
including any building, installations and
equipment intended to be used either
wholly or in part for the arrival, departure
and surface movement of aircraft with
facilities for passengers and cargo;
“airway bill” means a document that accompanies
goods shipped by an international air
courier providing detailed information
about the shipment;
Cap. 123
“ammunition” shall have the meaning ascribed to
it under the Firearms and Ammunition
Control Act;
“consignment note” means a document prepared
by a consignor and countersigned by the
carrier as a proof of receipt of consignment
for delivery at the destination;
No.3 Written Laws (Miscellaneous Amendments) Act, 2019
36
“dry port” means an inland common user facility
which is directly linked to a maritime port
by road or railway, having appropriate
infrastructure, equipment and storage
facilities operating as a centre for
transhipment of sea bound cargo and
containers to and from inland destinations
and includes Inland Clearance Depot and
Empty Container Depot;
“export” means to take or cause goods to be taken
out of Mainland Tanzania;
“ferry” includes a boat or ship, whether owned by
the government or private person, for
conveying passengers or goods in a
passage over any river, arm of the sea, lake
or part of a lake from any place to which
the public have access to any other place
but does not include a boat or a ship owned
or operated by security forces;
Cap. 223
“firearm” shall have meaning ascribed to it under
Firearms and Ammunition Control Act;
Cap. 392
“gas” shall have the meaning ascribed to it under
the Petroleum Act;
No.3 Written Laws (Miscellaneous Amendments) Act, 2019
37
Cap. 383
Cap. 123
Cap. 392
Cap. 392
“Government trophy” means the Government
trophy as referred to under the Wildlife
Conservation Act;
“import” means to bring or to cause goods to be
brought into Mainland Tanzania from a
foreign country;
“live animal” means any kind of live vertebrate
and invertebrate animal and the young and
egg thereof;
“mineral” shall have the meaning ascribed to it
under the Mining Act;
“oil” shall have the meaning ascribed to it under
the Petroleum Act;
“petroleum” shall have the meaning ascribed to it
under the Petroleum Act;
“port services” means any service rendered by a
port terminal operator within a port in any
manner including loading and unloading
of goods on board vessels, shore handling
of goods, storage of goods, handling of
passengers carried on vessels and handling
of refined petroleum products, edible oils
and natural or liquidified gases on vessels;
“ship” means a floating vessel which is selfpropelled
and capable of carrying
passengers or cargo;
“vessel” includes any ship, boat, sailing vessel,
ferry or other vessel of any description
used in navigation;”
(b) inserting the words “ports, pipelines,
airports border-post” between the words
“through,” and “customs” appearing in the
definition of the words “clearing and
forwarding”;
No.3 Written Laws (Miscellaneous Amendments) Act, 2019
38
(c) deleting the definition of the word
“consignee” and substituting for it the
following-
““consignee” means the party to whom goods accepted for
carriage on board are addressed and that party is named
as such in the bill of lading, airway bill or consignment
note;”
(d) deleting the definition of the word “port” and
substituting for it the following-
“port” means a sea port or inland waterways port of Mainland
Tanzania, whether on the coast or elsewhere and in
relation to execution of exclusive mandate and shipping
agency under this Act, a port shall include airport;
(e) adding the words “airway bill or consignment
note” between the words “lading” and “as
party” appearing in the definition of the word
“shipper”.
Amendment
of section 5
64. The principal Act is amended in section 5, by
deleting paragraph (g) and (h) and substituting for them the
following-
“(g) promoting competition in the maritime transport services;
and
(h) entering into contractual obligations with other persons
or body of persons in order to secure the provision of quality
and efficient shipping services and maritime environment,
safety and security, whether by means of concession, joint
venture, public private partnership or other means and to
delegate its own functions of providing shipping services and
maritime environment, safety and security to one or more
parties.”
Amendment
of section 7
65. The principal Act is amended in section 7, by-
(a) in subsection (1), byNo.
3 Written Laws (Miscellaneous Amendments) Act, 2019
39
(i) deleting the word “arms” appearing in paragraph (a)
and substituting for it the word “firearms;”
(ii) adding between the words “trophies” and “or”
appearing in paragraph (a) the following words
“fertilizers, industrial sugar, domestic sugar, edible
cooking oil, wheat, oil products, gas, liquidified gas
and chemicals or any other liquid related products ”;
(iii) adding immediately after paragraph (c) the
following new paragraph-
“(d) shipping agency functions in relation to-
(i) tanker ships, pure car carriers vessel, cruise
vessel, exhibition vessel, casual caller,
chartered vessel and military ship;
(ii) minerals, mineral concentrates, machineries,
equipment, products or extracts related to
minerals and petroleum, firearms and
ammunition, live animals, Government
trophies, fertilizers, industrial and domestic
sugar, edible or cooking oil, wheat oil products,
gas, liquidified gas and chemicals or any other
liquid related products"; or
(iii) any other goods as the Minister may by order
published in the Gazette prescribe.”; and
(b) by inserting immediately after sub section (1), the
following-
“(1A) For the purpose of subsection (1)(d), the term
“tanker ship” means a ship designed to transport liquids or gases
in bulk including oil products, gas, liquidified gas and chemicals
or any other liquid related products. ”
Amendment
of section 10
66. The principal Act is amended in section 10, by
deleting subsection (1) and substituting for it the following-
“(1) The Corporation shall regulate maritime transport services,
maritime safety, maritime security and prevention of pollution
No.3 Written Laws (Miscellaneous Amendments) Act, 2019
40
from ships and maritime activities in accordance with the
provisions of this Act.”
Amendment
of section 11
67. The principal Act is amended in section 11, by-
(a) deleting the opening phrase to subsection (1) and
substituting for it the following-
“(1) The functions of the Corporation in relation to regulation of
maritime administration, maritime safety, maritime security and
prevention of pollution from ships and maritime activities shall
be to:-”
(b) deleting paragraph (b) and substituting for it the
following-
“(b) exercise flag state control on Tanzanian ships and port
state control on foreign ships;”.
Amendment
of section 13
68. The principal Act is amended in section 13, by
deleting subsection (3) and substituting for it the following-
“(3) Notwithstanding the provisions of subsection (2), the
Director General shall not issue a licence for shipping agency if
the applicant or its shareholder is ship owner, ship operator, ship
charterer, dry port operator or clearing and forwarding agent.”
Amendment
of section 22
69. The principal Act is amended in section 22(2), by-
(a) deleting the word “senior” appearing in paragraph
(g);
(b) inserting the word “management” between the words
“of” and “staff” appearing in paragraph (h); and
(c) deleting the word “senior” appearing in paragraph (i);
Amendment
of section 30
70. The principal Act is amended in section 30, by
deleting subsection (5) and substituting for it the following-
“(5) The Director General shall serve for a term of five years
renewable once on such terms and conditions as shall be set out
in the scheme of service and letter of his appointment.”
No.3 Written Laws (Miscellaneous Amendments) Act, 2019
41
Amendment
of section 31
71. The principal Act is amended in section 31(3), by-
(a) adding the word “or” at the end of paragraph (a);
and
(b) deleting paragraph (b) and substituting for it the
following-
“(b) is a holder of a first degree from a recognized university
and a Master Mariner or Chief Engineer Officer in accordance
with the International Convention on Standard of Training,
Certification and Watch keeping for Seafarers (STCW Reg. II/2
or III/2) with seagoing service; and”
Amendment
of section 46
72. The principal Act is amended in section 46, by-
(a) deleting the words “business of shipping agency”
appearing in paragraph (a) and substituting for them
the words “regulated service”; and
(b) deleting paragraph (b) and substituting for it the
following:
“(b) inspect and take copies of any record required under this
Act to be kept in respect of regulated service or any other
records relating to such service,”
Amendment
of the
Schedule
73. The principal Act is amended in the Schedule by
deleting the words “shipping agency” appearing after the word
“for” appearing in paragraph 1(1) in item (e) and substituting
for it the word “maritime transport.”
PART IX
AMENDMENT OF THE TRUSTEES’ INCORPORATION ACT,
(CAP.318)
Construction
Cap.318
74. This Part shall be read as one with the Trustees’
Incorporation Act, hereinafter referred to as the “principal Act”.
No.3 Written Laws (Miscellaneous Amendments) Act, 2019
42
General
amendment
75. The principal Act is amended generally by deleting
the designation “Registrar-General” wherever it appears in the
Act and replacing it with the designation “Administrator-
General”.
Addition of
section 1A
76. The principal Act is amended by adding immediately
after section 1 the following:
“Interpretation 1A. In this Act, unless the context
requires otherwise-
“trust” means a legal relationship
created by personal acts, by an
order of the court or operation of
the law, when specified property
or interests are placed under the
control and management of a
trustee or trustees for the benefit
of another party or parties, called
a beneficiary or beneficiaries, or
for purposes specified under
section 2(1), and excludes:
Cap. 56
(a) a non-governmental organization
registered under the Non-
Governmental Organizations Act;
Cap. 212
(b) a company registered under the
Companies Act;
Cap. 337
(c) a society registered under the
Societies Act;
Cap. 366
(d) a trade union formed and registered
under the Employment and Labour
Relation Act;
(e) an agricultural association formed
and registered under any written law
other than this Act;
Cap. 258
(f) political party registered under the
Political Parties Act;
No.3 Written Laws (Miscellaneous Amendments) Act, 2019
43
Cap. 49
(g) a sports association or club
registered under the National Sports
Council of Tanzania Act;
Cap. 407
(h) a community microfinance group
(VICOBA) registered under the
Microfinance Act;
Cap. 337
(i) a cooperative society formed and
registered under the Cooperative
Societies Act; and
(j) any trust which the Minister may, by
order published in the Gazette,
declare not to be a trust for the
purpose of this Act;
“trustee” means a person who holds,
controls and manages property or
any other interests for the benefit
of a beneficiary or beneficiaries,
or for purposes specified in
section 2(1).”.
Amendment
of section 14
77. The principal Act is amended in section 14(2) by
deleting the words “a police officer of the rank of Inspector or
above” appearing in paragraph (e) and substituting for them the
words “other relevant investigation authorities”.
Passed by the National Assembly on the 27th June, 2019.
STEPHEN KAGAIGAI
Clerk of the National Assembly