Executive Agencies (Amendments) Act, 2009 (No. 13 of 2009)

2. Amendment of section 2.

3. Amendment of section 3.

4. Amendment of section 5.

5. Amendment of section 6.

6. Amendment of section 7.

7. Repeal of section 9.

8. Addition of section 9A, 9B and 9C.

9. Amendment of section 10.

10. Amendment of section 12.

11. Amendment of section 17. PART III CONSEQUENTIAL AMENDMENTS

12. Amendment of the Parastatal Organisations Pensions Scheme Act.

13. Amendment of the Local Authorities Pensions Fund Act.

14. Amendment of the Provident Fund (Government Employees) Act.

15. Amendment of the National Social Security Fund Act. Executive Agencies (Amendments) N0.13 OF 2009 I ASSENT, :1~ ....b~N?..~~~~ President ~.1~..j~g.(:2CJC7! An Act to amend the Executive Agencies Act, Cap.245 with a view to enhancing efficiency of executive agencies. ENACTEDby Parliament ofthe United Republic of Tanzania. PART I PRELIMINARY PROVISIONS

1. This Act may be cited as the Executive Agencies (Amendments) Short title Act, 2009 and shall be read as one with the Executive Agencies Act, Cap.245 hereinafter referred to as the "principal Act". PART II GENERAL AMENDMENTS

2. The principal Act is amended in section 2 by inserting in appropriate Amend- alphabetical order, the following definition: ment of section 2 "appropriate authority" means the consent ofthe Chief Secretary to establish an executive agency;" Executive Agencies (Amendments) Amend- 3. The principal Act is amended in section 3 by- ment of section 3 (a) inserting the word "and" between the words "authority" and "by" appearing in subsection (1); (b) deleting subsection (3) and substituting for it the following: "(3) An order made under subsection (I) shall specifY- (a) the department in relation to which the Agency is established, and may be made in respect of more than one department of the same ministry or, with the approval of another Minister concerned, be made so as to include a department of another ministry having similar functions; (b) in the Framework Document, the functions, aims, roles, objectives, authoritative and performance standards; and (c) any other particulars as approved by the Chief Secretary which is permitted under any other written laws." (c) deleting the word "If" appearing at the beginning of subsection (4) and substituting for it the word "Where"; and (d) inserting the word "written" between the words "other" and . "law" appearing in the opening words of subsection (6). Amend- 4. The principal Act is amended in section 5 - ment of section 5 (a) in subsection (1), by- (i) deleting the phrase "the strategic management" and substituting for it the phrase "overseeing implementation of ministerial policies"; (ii) deleting the letter "a" appearing between the words "of" and "general"; and (b) in subclause (2), by deleting the words "Permanent Secretary" and substituting for it the word "Minister". Amend- 5. The principal Act is amended in section 6 by - ment of section 6 (a) deleting subsection (I) and substituting for it the following: "(I) Each of Executive Agency shall have a Ministerial Advisory Board to be composed of a Chairman and other members being not more than five." (b) adding immediately after the new subsection (1) the following subsections: Executive Agencies (Amendments) "(2)The Chainnan of the Ministerial Advisory Board shall be appointed from outside the Ministry under which the Agency is established. (3) An officer of a position of Assistant Director or above from the Ministry under which the Agency is established shall be an ex-officio member ofthe Board. (4) The Minister shall appoint the Chainnan and other members of the Ministerial Board among persons who are well versed with the functions of the Agency or matters of similar nature. (5) The Chief Executive under which the Agency is established shall be the Secretary to the Board. (6) Notwithstanding any provisions ofthis section: (a) a Chief Executive Officer from a Government; (b) any persons holding political post; or (c) a director or a head of any department under which an agency is established, shall not be members of the Ministerial Advisory Board." (c) renumbering subsections (2), (3) and (4) as subsections (7), (8) and (9).

6. The principal Act is amended in section 7 by - Amend- ment of (a) deleting the opening words and substituting for them the section 7 following phrase: "The function of the Ministerial Advisory Board shall be to give advice to the Minister on-" (b) deleting the word" and" appearing at the end of subparagraph "(f)"; and (c) deleting subparagraph "(g)" and substituting for it the following paragraphs: "(g) salaries, wages and allowances of the employees of the Agency"; and (h) any other matter in the promotion and furtherance of the objectives and functions ofthis Act."

7. The principal Act is amended by repealing section 9 and replacing it Repeal of with the following: section 9 "Apppoint- 9.-(1) The Minister shall, upon advice of the Public Service ment of Recruitment Secretariat, appoint a Chief Executive of an Chief Executive Executive Agency among persons with. necessary qualifications, experience and competence' to manage effectively and efficiently the affairs of the Agency in accordance with modern management standards. (2) Subject to subsection (1), the Public Service Recruitment Secretariat shall conduct the process of appointing or replacing the Chief Executive in accordance with the provisions ofthe Public Service Act. (3) Without prejudice to the provisions of subsection (2), in such process, the Government shall be represented by- (a) one person from the ministry responsible for public service; and (b) one person from the ministry under which the Agency is established." Addition' 8. The principal Act is amended by adding immediately of section 9A. 98 after section 9 the following new sections- and 9C. "Tenure 9A.-( 1) The Chief Executive shall hold office for a period of office of five years or for any other period not exceeding five years of the as may be specified in an instrument of his appointment and Chief Execu- shall be eligible for re-appointment. tive" (2) Without prejudice to any other written law, where the Chief Executive intends to continue with his post after the expiry of the period provided for under subsection (I), he shall apply for the post and compete with other applicants for the post. Termina- 9B.-( I) The Minister may, upon the recommendation of tion of the Permanent Secretary, terminate the appointment of the Appoint- ment Chief Executive for- (a) misconduct; Executive Agencies (Amendments) (b) fai lure or inabi lity to perform the functions of this office arising from infirmity of body or mind; or (c) incompetence. (2) where the Chief Executive is aggrieved by the decision of - (a) the Permanent Secretary, made under section 5(2) in respect of any disciplinary action against him; or (b) the Minister, made under subsection (1) to terminate his appointment, he may, within thirty days, appeal to- (i) the Minister, in case of the decision of Permanent Secretary; or (ii) the President through the Chief Secretary in case of the decision of the Minister. (3) The provisions of Public Service Act shall apply in the process of terminating the Chief Executive.

9C.-( 1) The Chief Executive shall be the Accounting Functions Officer of the Agency with financial responsibilities as may of the Chief be provided for in its Framework Document and the Order Executive establishing the special fund for the agency under the Public Finance Act. (2) In performing his functions under subsection (1), the Chief Executive shall abide to the Annual Performance Agreement concluded between him and the Permanent Secretary.

9. The principal Act is amended in section 10 by- Amend- (a) deleting the word "Minister" appearing in subsection (1) and ment of section substituting for it the word "ministry"; 10 (b) deleting the words "as affecting" appearing in subsection (2) and substituting for them the words "to affect"; (c) deleting subsection (3) and substituting for it the following new subsection: "(3) The Chief Executive oftheAgency shall be responsible for the day to day operations of the Agency, the proper management of its funds, property and business and for the 7 Executive Agencies (Amendments) personnel management, organisation, control and discipline of the employees of the Agency." and (d) adding immediately after subsection (4) the following new subsections: "(5) Where the employee under subsection (4) is aggrieved by the decision of the Chief Executive, he may appeal to the Public Service Commission. (6) The President shall be the final appellate authority in the matter under subsection (5)". Amend- 10. The principal Act is amended in section 12 by- ment of section (a) deleting paragraph (c) appearing in subsection (1) and 12 substituting for it the following: "(c) any other moneys legally acquired for purposes of promotion and furtherance of the objectives and functions of the Agency."; and (b) deleting subsection (3) and substituting for it the following: "(3) All receipts, earnings and accruals of the special fund shall become the property of the Agency." (c) adding a new subsection (4) as follows: "(4) The Minister may- (a) having regard to - (i) the capacity ofthe Agency to generate income from its own operations; (ii) the financial implications of the strategic plan, annual business plan and budget of the Agency; and . (b) upon consultation with the Minister responsible for finance, detennine, in respect of each Agency, the amount of revenue which shall remain the property of the Agency and the amount of revenue which shall be treated as public funds and credited to the Exchequer Account." Amend- 11. The principal Act is amended in section 17 by- ment of section (a) inserting the word "shall" between the words "property" and 17 "except"; and Executive Agencies (Amendments) (b) deleting the word "shall" appearing in the fourth line of that section. PART III CONSEQUENTIAL AMENDMENTS

12. The Parastatal Organisations Pensions Scheme Act is amended Amend- ment of in the Second Schedule to that Act by deleting paragraph "l(a)" and the substituting for it the following- Parastatal Organisa- tions Pensions Scheme Act "(a) The Chainnan who shall be appointed by the President." Cap 372

13. The Local Authorities Pensions Fund Act is amended in the First Amend- Schedule to that Act by deleting paragraph "(I )(a)" and substituting for it ment of the Local the following - Authorities Pensions Fund Act CapAl?

14. The Provident Fund (Government Employees) Act is amended Amend- ment of by: the (a) by inserting immediately after section 3(3) a new subsection Provident (4) as follows: Fund (Govern- "(4) Notwithstanding subsection (2), the Chainnan and the ment Employees) members ofthe Board shall not be persons holding any political Act post, or being Chief Executives of the Government." Cap.51 (b) renumbering subsections (4), (5), (6), (7), (8) and (9) as subsections (5), (6), (7), (8), (9) and (10).

15. The National Social Security Fund Act is amended in the Second Amend- Schedule by: ment of the (a) inserting immediately after paragraph 3(3) a new paragraph National (4) as follows: Social Security "(4) Notwithstanding subparagraphs (2) and (3), the Fund Act Chainnan and the members of the Board shall not be persons Cap.50 holding any political post, or being Chief Executives of the Government. " Executive Agencies (Amendments) 1Y ,.J~ ...D.~...~' Clerk of the National Assembly t;1!J