Game Parks Laws (Miscellaneous Amendments) Act, 1975 (No. 14 of 1975)

No. 14 Game Parks Lows (Miscellaneous Amendments) THE UNITED REPUBLIC OF TANZANIA No. 14 OF 1975 1975 PART I "Fund and resources of the Trustees I ASSEr-.:r. J. K. ['<,U(!!{;. !'re'.,;/d:?i'l 12m Au (;lJ:-;"!', 1975 An Act to amend the National Parks Ordinance and the Ngorongoro Conservation Ordinance . . [ Yi:~:t}~./L: ] ENACTED by the Parliament of the United Republic of Tanzania. G· r-J 111+ iI!.~ PRELIMINARY 1. This Act may be cited as the Game Parks Laws (Miscellaneous Short title Amendments) Act. 1975 and shall come into operation on such d ;:~ as the Minister for the time being responsible for natural resources :;':ty, by notice in the Gazette, appoint. PART II AMENDMENT OF TIlE NATIONAL PARKS ORDlNANCE 2. In this Part. unless the context otherwise requires "the Ordinance" means the National Parks Ordinance, 3. Section 8 of the Ordinance is amended by adding the foU<)'",i,,~' c., ." 0 c . subsection: .: :.~ : ;.::. ...: :::...~ "(3) The President may. by order in the Gazette, add (0, ainenc. vary or replace the Second Schedule to this Ordinance.... 4. Section.S, of the Ordinance is hereby repealed and replaced h:,' :he ':" :::, , ;.! fallowing sections: ' "::~ ." t ' :: ' . .1':.: ,;,J 9. The funds and resources of the Trustees shall consist of-i- r, ..•.,-,:<: (a) such sums as may be provided for the purposes '.1:. :::c; national parks by Parliament. either by way "f frli"i'... ~ loan; (b) any loan or subsidy granted to the Trustees :;,y ;;,\; Government or any other person: 127 No. I.e Game Parks Laws (Miscellaneous Amendments) 1975 Annual and supp. lanClltary budl:et (c) any voluntary subscription, donation or bequest recei ved by the Trustees from any member of the public for the purposes of the national parks or any national park; (d) any fee or other monies received or raised by lbe Trustees pursuant to any provision of this Ordinance or any subsidiary legislation made hereunder; (e) any sum or property which may in any manner become vested in the Trustees as a result of the performance by the Trustees of their functions. 9A.-(I) In this Ordinance "financial year" means any period not exceeding twelve consecutive months designated in that behalf by the Trustees: Provided that the first financial year after the commence ment of the Game Parks Laws (Miscellaneous Amendments) Act. 1975 shall commence on the date of the commencement of that Act and may be of a period longer or saorter than twelve months. (2) Not less than two months before the beginning of any fmancial year (other than the first financial year) the Trustees shall. at their meeting especially convened for that purpose. pass a detailed budget (in this Ordinance called "the annual budget") of the amounts respectively (a) expected to be received; and (b) expected to be disbursed. by the Trustees during that financial year. (3) If in any financial year the Trustees require to make any disbursement not provided for. or of an amount in excess of the amount provided for. in the annual budget for the year. the Trustees shall. at a meeting. pass a supplementary budget detailing such disbursement. (4) The annual budget and every supplementary budget shall be in such form and include such details as the Minister may direct. (5) Forthwith upon the passing of any annual budget or any supplementary budget, the Trustees shall submit the same to the Minister for his approval. (6) The Minister shall. upon receipt of the annual budget or any supplementary budget. approve or disapprove the same or may approve subject to such amendments as he may deem fit. (7) Where the Minister has approved any annual budget or supplementary budget. the budget. as amended by him, shall be binding on the Trustees who. subject to the pro visions of subsection (8). shall confine their disbursements within the items and the amounts contained in the budget as approved by the Minister. 128 msNo. 14 Game Parks Laws (Miscellaneous Amendments) Investment Power to OOrrow (8) The Trustees may (a) With the sanction in writing of the Minister. make a disbursement notwithstanding that such disbursement is not provided for in any budget; (b) from the amount of expenditure provided for in any budget in respect of any item. transfer a sum not exceeding twenty thousand shillings to any other item contained in such budget; (c) adjust expenditure limits to take account of circum stances not reasonably foreseeable at the time the budget was prepared. subject to submitting a supple mentary budget to the Minister within two months of such alteration of expenditure limits becoming necessary. Resc::rve and 9a. The Trustees may. and shall if so directed by the special funds Minister. establish and maintain such reserve or special funds of the Trustees as the Trustee or the Minister may consider necessary or expedient, and shall make into or from any such funds such payments as the Trustees may deem fit or. in the case of a fund established pursuant to a direction by the Minister. as the Minister may direct. 9c. With the prior approval of the Minister. the Trustees may. from time to time. invest any part of the moneys available in any fund of the Trustees in such manner as the Trustees may deem fit. 90.-(1) With the prior approval of the Minister the Trustees may. from time to time. borrow moneys for the purposes of the national parks by way of loan or overdraft. and upon such security and such terms and conditions relat ing to the repayment of the :principal and the payment of interest as, subject to any direction by the Minister, the Trustees may deem fit. (2) A person lending money to the Trustees shall not be bound to enquire whether the borrowing of that money by the Trustees has been approved by the Minister. Accounts and 9E.-O) The Trustees shall cause to be provided and kept audit proper books of accounts and records with respect to (a) the receipt and expenditure of moneys by, and other financial transactions of. the Trustees; (b) the assets and liabilities of the Trustees. and shall cause to be made out for every financial year a balance sheet and a statement showing details of the iacome and expenditure of the Trustees and all their assets and liabilities. 129 No. 14 Game Parks Laws (Miscellaneous Amendments) 1975 Section 19 of Cap. 412 repeaicd and replaced (2) Not later than six months after the close of every financial year the accounts including the balance sheet of the Trustees relating to that financial year shall be audited Acts. 1968 by the Tanzania Audit Corporation established by the Tanza No.1 nia Audit Corporation Act. 1968. (3) As soon as the accounts of the Trustees have been audited. and in any case not later than six months after such audit. the Trustees shall submit to the Minister a copy of the audited statement of accounts together wih a copy of the report thereon made by the auditors. (4) As soon as practicable after the receipt by him of the copy of the statement together with the copy of the report submitted pursuant to subsection (3) the Minister shall lay a copy of the statement together with a copy of the auditors' report before the National Assembly. Report by 9F. The Trustees shall. within six months after the end of the Board each financial year, make a report to the Minister on the conduct of the Trustees' business during that financial year. and the Minister shall lay a copy of such report before the National Assembly together with a copy of the statement of accounts required to be laid before the National Assemblv by section 9E. ' Minister 9G. The Minister may zive to the Trustees directions ofmay give 0' directions a general or specific character as to the exercise by the Trustees of their functions under this Act, and the Trustees shall give effect to every such direction.". 5. Section 19 of the Ordinance is repealed and replaced by the follow ing section: "Liabili- 19. Without prejudice to the provisions of section 284A of ;~~bers, the Penal Code or of the Specified Officers (Recovery of etc. Debts) Act. 1970 or of the Parastatal Employees (Recovery .?~: lib of Debts) Act. 1974 no act or thing done. or omitted to No.7 be done. by any Trustee or by any member, officer. servant Acts, 1974 or agent of the Trustees shall. if done or omitted bona fide No. 37 in the execution or purported execution of his duties as such trustee. member. officer. servant or agent. subject any such person to any action. liability or demand whatsoever.". PART III ~ AMENDMENTS TO THE NGORONGOIW CoNSERVATION AREA ORDINANCE Cocsirsciion 6. In this Part. unless the context otherwise requires. Cap. 413 "the Ordinance" means the Ngorongoro Conservation Area Ordinance. Section :1 of 7. Section 2 of the Ordinance is amended in subsection (1) up. 413 amended (a) by adding the following new definitions in their appropriate alphabetical positions: 130 No. 14 Game Parks Laws (Miscellaneous Amendments) 1975 "the Authority" means the Ngorongoro Conservation Area Authority established by section 4; "the Board" means the Board of Directors of the Authority;"; (b) by deleting the definition "Conservator" and substituting there for the following definition: " "Conservator" means the Conservator of the Conservation Area appoin ted in accordance with the provisions of section 5B;". 8. Section 4 of the Ordinance is hereby repealed. Section 4 of Cap. 413 repealed 9. The Ordinance is amended by adding immediately below Part I New Part (consisting of sections I, 2 and 3) the following new Part: IA added "PART IA NGORONC,oRO CONSERVATION AREA AUTHORITY "Eslablc,h ment of Authority Board of Directors 4.-(1) There is hereby established an authority which shall be known as the Ngorongoro Conservation Area Autho rity. (2) The Authority shall be a body corporate with perpetual succession and a common seal and shall be capable in law of suing and being sued in its corporate name, of purchasing, holding, alienating. managing and disposing of any property whatsoever, whether movable or immovable. and whether by way of investment or otherwise, and of entering into any such contract and other transactions as may be necessary or expedient for the performance of its functions under this Act or any other written law. 5.-(1) The management and functions of the Authority shall vest in a Board of Directors. (2) The provisions of the Schedule to this Act shall have effect as to the composition of the Board. the appointment and termination of the appointment of .its members, the proceedings of the Board and such other matters in relation to the Board and its members as are provided for therein. {3) The President jnay, by order in the Gazette, amend, vary or replace an or any of the provisions of the Schedule to this Act. 131 N•• 14 Game l'.ks Laws (Miscellaneous Amendments) 1'15 FunC'ioos el the AdJo rily Conserva tion Appoint ffiL-nt of other officers and employees SA. The functions of the Authority shall be (a) to conserve and develop the natural resources of the Conservation Area; (b) to promote tourism within the Conservation Area lind to provide and encourage the provision of facilities necessary or expedient for the promotion of tourism; (c) to safeguard and promote the interests of Masai citizens of the United Republic engaged in cattle ranching and dairy industry within the Conservation Area; (d) to promote and regulate the development of [UfCslry within the Conservation Area; (e) to promote. regulate and facilitate transport to, Irorn and within the Conservation Area; (f) to construct such roads. bridges. aerodromes. buildings and fences. to provide such water supplies and to carry out such other works and activities as the, Board may consider necessary for the purposes of the develop ment or protection of the Conservation Area: (g) to do all such acts and things, as in the opinion of tiie Board, may be necessary to uphold and support the credit of the Authority and to obtain and justify public confidence. and to avert and minimize anv loss 11' the Authority; ., (h) to do anything and enter into any transaction which, in the opinion of thte Board. is calculated to facilitate the proper and efficient exercise by the Authority 'Jt its functions under this Act. induding (i) the carrying on of any of the ac;:,;>: .y ',< Authority in participation with any c:;,~: ~,.',,:::, (ii) the acquisition. by agreement, of ,me;"c,,~ rn companies and firms engaged in activities '. which the Authority may lawfully t·<: under this Act, and the management o l' .he or the continuance of the business of sucb corn panies and firms; (iii) the establishment of branches within llh: Llljkli Republic or elsewhere. 5B.-(l) The President shall appoint a Conservator ':'; :, Conservation Area. (2) The Conservator shall be the principal executive ,,,f;l:':':' of the Authority and shall be responsible to the Be::.;!; (3) The Minister may appoint as many Assisiar-: :-cr.<:':: tors of the Conservation Area as he may consic.e: :<":':: ": (4) The Assistant Conservators, if any. shall be S'.. the directions of the Conservator. 5c. The Board may from time to time: '"",, salaries and upon such terms and conditions ::;: fit. such other officers and employees of the :\'J::':::':': " may deem necessary for the proper and eflicicut conduct the business and activities of the Authority. 132 No. 14 Game Parks Laws (Miscellaneous Amendments) 1975 Superannua tion benefits Agents and Contractors Power of the Bo&rd to delegate 50. The Board may (a) grant gratuities or other retirement allowances or benefits to the officers and employees of the Authority: (1)) establish and contribute to a superannuation fund and a medical benefits fund for the officers and employees of the Authority; (c) require any officer or employee of the Authority to contribute to any such superannuation fund or medical benefits fund and fix the amounts and method of pay ment of such contribution. 5E. The Board may, from time to time, appoint and employ upon such terms and conditions as it thinks fit suca agents and contractors of the Authority as the Board may deem necessary. SF.-(l) Subject to subsection (6), the Board may from time to time. by writing under the seal of the Authority delegate, subject to such terms. conditions and restrictions as It may specify. to any committee of the Board or to any' officer or servant of the Authority, all or any of the functions, powers. authorities or duties conferred by or under this Act upon the Authority or the Board. and where any delegation is so made the delegated fuaction, power, authority or duty may be performed or. as the case may be, exercised by the delegate subject to the terms, conditions and restrictions specified in tbe writing. (2) Any delegation under subsection (1) may be made to the holder of an office under the Authority specifying the office but without naming the holder. and in every such case each successive holder of the office in question and each person who occupies or performs the duties of that office may, with out any further autbority, perform or. as the case may be. exercise tbe delegated function. power, authority or duty in accordance with tbe delegation made, (3) The Boord may revoke a delegation made by it under this section. (4) No delegation made under this section shall prevent tho Authority or the Board from itself performing or exercis ing the function. power. authority or duty delegated. (5) Any delegation made under this section may be publi shed' in the Gazette, and upon such publication shall be judicially noticed and shall be presumed to be in force unless tho contrary is proved. 133 No. 14 Game Parks Laws (Miscellaneous Amendments) 1975 Funds and resources of the authority (6) The Board shall not have power under this section to delegate (a) its power of delegation; or (b) the power to a:pprove the annual budget or any supplementary budget of receipts and expenditure. the annual balance sheet Or any statement of account. 5<>. The funds and resources of the Authority shall consist of (a) such sums as may be provided for the purposes of the Authority by Parliament. either by way of grant or loan; (b) any lean or subsidy granted to the Authority by the Government or any other person; (c) any sum or property which may in any manner become vested in the Authority as a result of the performance by the Authority of any of its functions; (d) any voluntary subscription. donation or bequest received by the Board from any member of the public for the purposes of the Conservation Area; (e) any fee or other monies received or raised by the Board pursuant to any provision of this Ordinance or any subsidiary legislation made hereunder. Annual and 5a-(1) In this Ordinance "financial year" means any ~=et pesiod not exceeding twelve consecutive months designated in that behalf by the Board: Provided that the first financial year after the COr1;'.rIlC;r;CC ment of the Game Parks (Miscellaneous Amendments) Act, 1975 shall commence on the date of the commencement of that Act and may be of a period longer or shorter than twelve months. (2) Not less than two mon.as before the beginning of any financial year (other than the first financial year} the F..ow:i shall. at its meeting especially convened for that purpose, pass a detailed budget. (in this Act called the annual budget) of the amounts respectively (a) expected to be received; and (b) expected to be disbursed', by the Authority during that financial year. (3) If in any financial year the Authority requires te:, ode any disbursement not provided for or of an amount in excess of the amount provided for. in the annual budget for the year. the Board shall, at a meeting. pass a ;,'.c budget detailing such disbursement: 134 No. 14 Game Parks Laws (Miscellaneous Amendments) 1975 Power to bcrrow ~-~-- (4) The annual budget and every supplementary budget shall be in such form and' include such details as the Minister may direct. (5) Forthwith upon the passing of any annual budget or any supplementary budget. the Board shall submit the same to the Minister for his approval. (6) The Minister shall. upon receipt of the annual budget or any supplementary budget. approve or disapprove the same or may approve subject to such amendment as he may deem fit. (7) Where the Minister has approved any annual budget or supplementary budget. the budget. as amended by him. shall be binding on the Authority which. subject to the provisions of subsection (8). shall confine its disbursements within the items and the amounts contained in the budget as approved by the M.mister. (8) The Board may (a) with the sanction in wnnng of the Minister. make disbursement notwithstanding that such disbursement is not provided for in any budget; (b) from the amount of expenditure provided for in any budget in respect of any item. transfer a sum not exceeding twenty thousand shillings to any other item contained in such budget; (c) adjust expenditure limits to take account of circum stances not reasonably foreseeable at the time the budget was prepared. subject to submitting a supple mentary budget to the Minister within two months of such alteration of expenditure limits becoming necessary. Re~,:rve and 51. The Board may. and shall if so directed by the special funds MO Obi' h d ° ° h ialmister. esta IS an maintain sue reserve or SpeCI funds of the Authority as the Board or the Minister may consider necessary or expedient. and shall make into or from any such funds such payments as the Board may deem fit or. in the case of a fund established pursuant to a direction by the Minister, as the Minister may direct. Investment 51. With the prior approval of the Minister. the Board may, from time to time. invest any part of the moneys available in any fund of the Authority maintained by it in such manner as the Board may.deem fit. 5K.--(1) With the prior approval of the Minister the Board may. from time to time. borrow moneys for the purposes of the Authority by way of loan or overdraft. and upon such security and suc~ t~rms and conditions relatinz to the repayment of the principal and the payment of inte~est as. subject to any direction by the Minister. the Board may deem fit. 135 No. 14 Game Parks Laws (Miscellaneous Amendments) 1975 A=UDts and audit No. I Report by the Board President may Jive direction Liability of members, etc. up. 16 (2) A person lending money to the Authority shall not be bound to enquire whether the borrowing of that money by the Authority has been approved by the Minister. 5l--{1) The Board shall cause to be provided and kept proper books of accounts and records with respect to (a) the receipt and expenditure of moneys by. and other financial transactions of. the Authority; (b) the assets and liabilities of the Authority. and shall cause to be made out for every financial year a balance sheet and a statement showing details of the income and expenditure of the authority and all its assets and liabilities. (2) Not later than six months after the close of every financial year the accounts including the balance sheet of the Authority relating to that financial year shall be audited by the Tanzania Audit Corporation established by the Tanzania Audit Corporation Act. 1968. (3) As soon as the accounts of the Authority have been audited. and in any case not later than six months after such audit, the Board shall submit to the Minister a copy of the report thereon made by the auditors. (4) As soon as practicable after the receipt by him of the copy of the statement together with the copy of the report submitted pursuant to subsection (3) the Minister shall lay a copy of the statement together with a copy of the auditors' report before the National Assembly. SM. The Board shall, within six months after the end of each financial Year. make a report to the Minister on tho conduct of the Authority's business during that financial year. and the Minister shall ley a copy of such report before the National Assembly together with a copy of the statement of accounts required to be laid before the National Assembly by section 5L. SN. The President may give to the Authority directions of a general or specific character as to the exercise by the Authority of any of its functions under this Act. and the Authority shall give effect to every such direction. SP. Without prejudice to the provisions of section 284A of the Penal Code or of the Specified Officers (Recovery of Debts) Act. 1970 or of the Parastatal Employees (Recovery of Debts) Act, 1974 no act or thing done, or omitted to be done. by any member of the Board of Directors or by any officer. servant or agent of the Authority shall. if done or omitted bona fide in the execution or purported execution of his duties as such member. officer. servant or agent. subject any such person to any action. liability or demand whatsoever." 136 No. 14 Game Parks Laws (Miscellaneous Amendments) 1975 10. Section 6 of the Ordinance is amended- Section 6 of Cap. 413 (a) by deleting subsection (1) and substituting therefor the following: amended "(1) The Authority may. with the consent of the Minister. make rules prohibiting. restricting and controlling entry into and residence within the Conservation Area."; (b) in subsection (2): (i) in paragraph (b). by deleting the words "freehold land, any leasehold land or"; (ii) by deleting paragraph (f) and substituting therefor the follow ing: "(f) the entry into or residence with the Conservation Area of any person or category of persons specified by the Minister by an order published in the Gazette;"; (c) in subsection (3). by deleting paragraph (c). 11. Section 7 of the Ordinance is amended- Section 7 (a) in subsection (1) by deleting the words "Subject to the provisions of CaJ'~413 of section 13. the Minister may" which occur at the beginning amen and substituting therefor the words "The Authority may. with consent of the Minister."; (b) by deleting subsection (3). 12. Section 8 of the Ordinance is amended by deleting subsection (1) ~ction 8 of and substituting therefor"the following- ;:;~d~ "(I) The Authority may. by order published in the Gazette, pro hibit. restrict or control residence or settlement in any part of the Conservation Area other than~ beld-und~l:' a right of occupancy gra.I!ted under the Land Ordinance or land which is -the- suojectof a~iiiing lease graiifeo.·under the mining laws, for such time and in such manner as it thinks fit,". 13. Section 9 of the Ordinance is amended by deleting subsection (1) Section ~ and substituting therefor the following: - amended "(1) The Authority may. if in its opinion it is necessary or expedient so to do for the purpose of the conservation of the soil of, or the prevention of soil erosion on, the Conservation Area or any pan thereof or otherwise for the protection and preservation of the natural resources of the Conservation Area. make order. either in relation to any particular parcel of land or generally in relation to the Conservation Area (a) prohibiting, restricting or controlling the use of land for any purpose whatsoever; (b) prohibiting. restricting. limiting or controlling (i) the introduction. grazing. watering or movement of stock; (ii) the firing. clearing or destruction of vegetation including stubble; 117 No. 14 Game Parks Laws (Miscellaneous Amendments) 1975 Cap. 389 Cap. 113 (iii) the use of wells. boreholes, waterholes, water courses, streams, rivers or lakes; (iv) the gathering of honey or forest produce; (v) the exercise of any rights in relation to forest produce determined under the provisions of the Forests Ordinance; (vi) the introduction or removal of flora or fauna; (vii) the use of agricultural implements or machinery; (viii) the carrying or use of weapons. snares. traps. nets or poison; (c) requiring. regulating or controlling (i) the afforestation or reafforestation of land; (ii) the protection of slopes and closed areas; (iii) the drainage of land. including the construction. maintenance or repair of artificial or natural drains. gullies. contour banks. terraces and diver sion ditches: (iv) the uprooting or destruction of any vegetation: (v) the removal of stock; (dj prohibiting, restricting or controlling (i) the construction or extension of buildings or works, or restricting or controlling the siting thereof; (ii) the construction or extension of any roads or tracks or restricting or controlling the siting or alignment thereof: Provided that no order made under paragraph (d) of this subsection (I) shall operate so as to require any person to demolish, destroy. alter or remove any buildings. works. road or tracks of a permanent nature or any pan thereof which were constructed prior to the coming into operation of this Ordinance: or (II) shall operate so as to prevent the construction C" extension of any buildings. works. roads or tracks by the holder of a right of occupancy granted under section 6 or 11 of the Land Ordinance who is required to construct or extend the same by the terms or conditions thereof; or (III) shall operate to prevent the construction or extension of any buildings, works. roads or tracks by ,h,: holder of a claim made or lease granted under :J0 , ; mining laws. within the limits of such claim or k2.sc. which are necessary for the enjoyment of the Tig,1.!: granted under any such claim or lease.". 138 No. 14 Game Parks Laws (Miscellaneous Amendments) 1975 Section r.f of up. 413 ~oeale1l 14. The Ordinance is amended by adding immediately below section 9. New section the following new section: 9,\ added Tro~eition 9A. No person shall use any parcel of land in the Conserva ~o~ va- tion Area for cultivation.". 15. Section 10 of the Ordinance is amended by deleting subsection Section 10 (I) and substituting therefor the following- at Cap 413 "(I) Th A I' 'f" fl" h amendede ut iorrty may. I It IS 0 t ie opmion t at any lanJ within the Conservation Area. other than land occupied by a dwelling house. shop or premises used for the accommodation of travellers and visitors. or under a mining claim made. or a mining lease granted, under the mining laws. is being or may become despoiled. by order. direct that such land shall be a closed area.". 16. Section II of the Ordinance is amended by deleting the words ~("Mn 11 of "the Conservator" wheresoever they occur therein and substituting Cap. d413j h Ior i I I ds " h horitv' amen ert ere or ill eac 1 case t ie wor s t e Aut oruy . 17. Section 12 of the Ordinance is amended in subsection (I) by Section 12 deleting the word "Conservator" which occurs in the second 1inc and of UoP' 413 bsti . h f h d "A h . " amen eusu stitutmg t ere Or t e wor ut onty . 18. Sections 13 and 13A of the Ordinance are repealed and replaced =tff:~l by the following section: Cap. 413 "Provisions 13. All subsidiary legislation made under his Ordinance repcale~ and ~~d~~ shall be published in the Gazette and where such subsidiary replace legislation legislation has been published in English. the Authority shall. as soon as practicable after such publication. cause to be published in tho Gazette a Swahili translation thereof: Provided that (a) where any order is made under this Ordinance which does not relate to the whole of the Conservation Area but relates to only a portion thereof or any parcel of land within the Conservation Area. the Authority may. in lieu of causing such order to be published in the Gazette. cause copies thereof to be posted at the office of the Conservator. at the office of the branch of the Party which has jurisdiction over the land to which the order relates and at the headquarters of the District within which such land lies: (b) where any order is made which affects only one person and his family (including his domestic staff). the order may be served on such person either by delivery to such person or a member of his household of a copy thereof or by affixing a copy thereof on the outer door or some conspicuous part of the pre mises in which such person resides or carries on business or works for cain and where so served the order shall be valid and effective notwithstanding that it has not been otherwise published.". 19. Section 14 of the Ordinance is repealed. 139 No. 14 Game Parks Laws (Miscellaneous Amendments] 1975 New Part v added 20. Parts V (entitled "Enforcement and Penalties") and VI (entitled "Miscellaneous") of the Ordinance are renumbered as Parts VI and VII respectively and the follownig new Part is added immediately below Part IV: "PART V A.PPEALS "Appeals against refusal to grant permit, certifi care or oilIer authority Appeal aga1ll3l orders Powers 011 appeal 14.-{1) Any person aggrieved by (a) the refusal of the Conservator or any other person authorized in that behalf to issue or grant to him any permit. certificate or other authority which may be issued or granted under this Ordinance or any subsidiary legislation made hereunder; (b) any condition or term annexed to any such permit. certificate or other authority issued or granted to him. may appeal to the Authority against such refusal or the imposition of such condition or term. (2) Any person aggrieved by the decision of the Authority on any appeal under subsection (1). may appeal there against to the Minister. 14A. Any person aggrieved by any order made under this Ordinance which adversely affects him. may appeal against such order to the Minister: Provided that no appeal under this section shall lie (a) save where the order. not being a general order. is a special order made in relation to the person aggrieved thereby or any member of his household or in relation to any parcel of land in or over which such person bas an interest under a right of occu pancy, lease. tenancy or mortgage; (b) against any order made under section 10. 14B.-(1) On a:ppeal under section 14 or section 14A the appeals authority may affirm. vary or set aside the decision or order appealed against and' where any decision or order is varied. modified or set aside. the appeals authority may give directions in respect of any matter or thing previously done or suffered under the decision or order appealed against.. ,..(2) Subject to any further appeal provided for by this Ordinance. the decision of the appeals authority and any direction given by it shall be final and binding upon all the parties concerned, and shall not be subject to review b:y any court. (3) In this section "appeals authority" means (a) on an appeal to the Authority, the Authority; (b) on an appeal to the Minister. the Minister. 140 No. l~ Game Parks Laws (Miscellaneous Amendments) 1975 "Offences Min.ster may male rule3 relating (0 appeals Special p~o- 14<:.-(1) Every appeal to the Authority under this Ordi i~,~~sa~~nance shall be heard and determined by the Appellate to the Autho- Committee of the Authority consisting of three members rny of the Board nominated' in that behalf by the Minister; Provided that the Conservator shall not be eliuible for nomination as a member of the Appellate Committee. (2) The Minister may nominate one of the members of the Appellate Committee to be the Chairman of the Com mittee. (3) The decision of the Appellate Committee shall be deemed to be the decision of the Authority and shall take effect accordingly. l~D. The Minister may. by rules (a) prescribe the procedure on an appeal under this Part; (b) prescribe the fee to be paid on instituting any such appeal; (c) prescribe the time within which any such appeal may be instituted.". 21. Section 15 of the Ordinance is amended by deleting the words Section IS "the Conservator" wheresoever they occur therein and substituting of Cap 413 therefor in each case the words "the Authority". amended 22. Section'6 of the Ordinance is amended by deleting the words Section 16 "any administrative officer. or police officer. or the Conservator or any of Cap. 413 person authorized in writing in that behalf by the Conservator" which amended occur in the first three lines and substituting therefor the words "a police officer. the Conservator. an Assistant Conservator or any other person authorized in writing in that behalf by the Authority". 23. Section 17 of this Ordinance is amended- Section 17 (a) by deleting the words Han administrative officer or police officer. or ~~~~~d413 the Conservator or any person authorized in writing in that behalf by the Conservator" which occur in the first two lines and sub stituting therefor the words "a police officer. the Conservator. an Assistant Conservator or any other person authorized in writing in that behalf by the Authority"; (b) by deleting the proviso and substituting therefor the following new proviso: "Provided that where an arrest is made under this section the person making the arrest shall ensure that the person so arrested is taken without any undue delay before the nearest magistrate.", 24. Section 18 of the Ordinance is repealed and replaced by the Section 13 following section: ~~4~d 18.-(1) Any person who- replaced (a) contravenes or fails to comply with an order made under section 8. 9 or 10; or (b) contravenes or fails to comply with any condition ot a permit issued under this Ordinance; or 141 No. 14 Sections 22 and 23 repealed Section 24 amended '<ew Fourth Schedule addro Game Parks Laws (Miscellaneous Amendments) 1975 (c) obstructs any person in the exercise of his powers under sections 11, 12, 15, 16 or 17, shall be guilty of an offence against this Ordinance and shall be liable on conviction. in the case of a first conviction. to a fine not exceeding five thousand shillings or to imprison ment for a term not exceeding two years or to both such fine and imprisonment; and in the case of a second or sub sequent conviction to a fine not exceeding twenty thousand shillings or to imprisonment for a term not exceeding live years or to both such fine and imprisonment. (2) Any person who tampers with or wilfully damages or alters any works constructed or executed by or on behalf of the Authority under this Ordinance shall be guilty of an offence against this Ordinance and shall be liable on c'n'. ',: tion to a fine not exceeding fifty thousand shillings or to imprisonment for a term not exceeding seven years or to both such fine and imprisonment; and any works so tampe red with, damaged. or altered may be replaced or repaired by or on behalf of the Authority at the expense of any person convicted under this subsection and the cost so incur t ~.,.; may be recovered upon the order of tbe court as jf it wvre a fine imposed by the court.", 25. Section 22 and section 23 of the Ordinance are repealed. 26. Section 24 of the Ordinance is amended by deleting tb:~ wo-ris "the Conservator" which occur in the last but one line and substituting therefor the words "the Authority", 27. The Ordinance is amended by adding the following ScL·~:.:': immediately after the Third Schedule: "FOURnI SCHEDULE Construction 1. In this Schedule unless the context otherwise requires-« "appointing authority" means, in relation to the Chairman of the Board. the F;-<.:'tn~ and in relation to any other member, the Minister; "member" includes the Chairman. Composition of Board Proceedings not to be invalid by reason of irreaularitr 2.-(1) The Board shall consist of (a) a Chairman, who shall be appointed by the President; (b) the Conservator who shall also be the Secretary of the Board ; a!>G (c) not less than sox and not more than eleven other members "PPC,Cjle-C Minister. c:) In making appointments under sub-paragraph (b) of 0'.i2[Tarh 1 tt~: t r shall ensure that the members appointed are persons who will. in hL' o:>,:.;:~" their functions under the Ordinance having regard to the national in' ~c,::'. 3. No act or proceeding of the Board shall be invalid by rc,:so::,)o.3:· c' .. of members not being complete at the time of such ad or ," :,',.::;':~.; defect in the appointment of any member or of the fact that an y mer::~Y: ,,'".' time disqualified or disentitled to act as such. 142 No. 14 Game Parks Laws (Miscellaneous Amendments) 1975 ".; ... -, . --- .. 4.-(1) A member of the Board shall. unless his appointment is sooner determined Tenure of by the appointing authority, or he otherwise ceases to be a member hold office for appoinuncu: ruch period 113 the appo;nting authority may specify in his appointment, or if no period is so specified for a period of three yean from the date of bis appointment, and shall be eligible for re-appointmear : Provided that in the case of a member who isa.~e of !:lis !loldi'lg some othC!. otfi.~ he shall cease to be a member upon IUs ceasmg; iii-'hoid that office (2) Any member of the Board may, at any time resign by giving notice in writing to the appointing authority and from the date specified in the notice or, if no date :5 50 specified, from the date of the receipt of the notice by the appointing authority. he shall cease to be a member. 5. Where any member absents himself from three consecutive meetings of ehe Board Absence without reasonable excuse the Board shall advise the appointing authority of ihe from th""'" fact and the appointing authority may terminate the appointment of the member and a.1USC=r.: ..ppoint another member in his place. meetinz-, 6. Where any member is, by reason of illness, infirmity or absence from the CnJtcd Appoir<l1:w.c: Republic, unable to attend any meeting of the Board the appointinz auihori.v m.ly of tc,n;:>,"'; , 3PPOint a temporary member in his place and such temporary member -,hall cease to cc,"l2}':'ct hold office on the resumption of office of the substantive member. 7. The Board shall elect one of its members to be the Vice-Chairman and s.ny V;':;:;. member elected as Vice-Chairman shall, subject to his continuing to be a member. hvid Cr,a.r:nm office of Vice-Chairman for a term of one year from the date of his elect ion "-'''I ,hU.ll be eligible for re-election, 8.--{l) The Chairman shall preside at all meetings of the Board. 1''''"01 "I (2) Where at any meeting of the Board the Chairman is absent, the Vicc·(),,,:,,,,:;n C1,,,: r01"-" 'hall preside, .,~".' \ii·,·,> (3) In the absence of both the Chairman and the Vice-Chairman at any n:o.-:[i,-.g of \..i;J.i.,'"" the Board the members present may, from amongst their number, elect a temporary Chairman who shall preside at that meeting. (4) The Chairman, Vice-Chairman or 11 temeorarr Chairman presiding at any GJcetJ:1l/; mall have a casting vote in addition to his deliberative vote. 9.-(1) The Board shall meet not 1= than once during every year and al .~U..Jl ',[oet;::,," additional times as may be fixed by the Chairman or, if he is absent from the '.enited ar.d Republic or unable for any reason to act, the Vice-Cbairmaa, (2) The Chairman or. in his absence from the United Republic, the may. and shall upon application in writ~g by at least five members. convene t meeting of the Board at any time. . (3) The Secretary of the Board shall give to each member ac'-".;c,,·,tc n<Jlic<, -.[ ;ne time and place of meeting. 10. At any meeting of the Board not less than one-half of :> r:"", ':.,,,, : for the time being shall constitute a quorum. 11. Subject to the provisions relating to a casting vote, an question- at r. ,:]C'-:U.~;; D'.", of the Board shall be determined by a majority of the votes of the members ::r~~::cr. :.3-.(:.; 12. Notw:thstanding the foregoing provisions of this Schedule, decision,'; C;-,J.V "" ;:.; 'C made by the Board without a meeting, by circulation of the reievant papers :'i::cr.;; ~':'.':';.'... We members and the expression of the views of the majority thereof in wr.tir; f: : of :-,3; -z Provided that any member shall be entitled to require th,-, arrv such Ct-: ",.'" deferred and the subject matter be considered at a meeting Gf ',( :~'~2'" 13.--{l) The seal of the Authority shall be of such shape. S':.: ,,;,: 'ec:,' Board may determine. (2) The seal shall be authenticated by the signature of the C·" -: '. or any officer of the Authority authorized to act .n that b<·i,." 14. AIl documents (other than those required bv law to be '~C', by the Authority and all decisions of the Board shall be sig;::,:;·.,' ::r. the Chairman, or the Secretary, or any member of the Board ,;, c.'c·,::': authorized in that behalf by the Board. 15.-(1) The Board shall cause mziutes of all proceedincs to be entered in a book kept for that purpose. m Any such minutes if purporting to be approved by, and , .. of. the next succeeding meeting of the Board shall be evidcr.» . 5-:•. :~ and, until the contrary is proved, the meeting to which the r..: ·Y. . ., deemed to have been duly convened and all proceeding'! ',L<",~' transacted. 16. Subject to the provisions of this Schedule the J3..:,s,c' C:,;." ':,i.:>":, proceedings,". 143 No. 14 Game Parks Laws (Miscellaneous Amendments) 1975 . . . .. -- ... ... - . . Saving provisions 28. Notwithstanding the amendment of the various provisions of the Ordinance by this Act any subsidiary legislation made under any of the said provisions and in force immediately before the commencement of this Act shall continue in force as if made under such provision of the Ordinance as amended by this Act. Passed in the National Assembly on the sixteenth day of July, 1975. W. J. MAINA. Clerk of the National Assembly 144