Hides, Skins and Leather Trade Act, 2008 (No. 18 of 2008)

THE HIDES, SKINS AND LEATHER TRADE ACT, 2008 ARRANGEMENT OF SECTIONS Section Title PARTI PRELIMINARY PROVISIONS I . · Short title and commencement. 2. Application. 3. Interpretation. 4. Fundamental principles. PARTil ESTABLISHMENT OF ADVISORY COMMITJEES 5. Establishment of the Committee. 6. Functions of the Committee. 7. Hides, SkiD.s and Leather Advisory Committee. 8. Functions of the Hides, Skins and Leather Advisory Committee. 9. Village Hides, Skins and Leather Advisory Committee. PARTm REGISTRATION OF PREMISES 10. Registration of premises. 11. Validity of registration certificate and renewal thereof. 12. Adherence to Environmental Impact Assessment measures. 13. Effluent management in hides, skins and leather industries. PART IV LICENSING PROVISIONS 14. Licensing of premises. 15. Hide dressers to be licensed. I 6. Hide graders to be licensed. 17. License in respect of premises. 18. Duration of premises license. 19. Suspension and cancellation of license. 20. Licensing authority to keep register. 21. License not transferable. 22. Hide dresser's license. 23. Hide grader's license. 24. Duration of hide dressing and hide dresser's license. 2 No.18 Hides, Skins and Leather Trade 25. Surrender oflicense when cancelled. 26. Provisional license. 27. Replacement of lost license. PARTY APPOINTMENT OF INSPECTORS 28. Appointment of inspectors. 29. Powers of inspection, search and seizure. 30. Delegation by Directors. 31. Appeals. PARTVI MISCELLANEOUS PROVISIONS 32. Offences and penahies. 33. Other offences. 34. Power of the Minister to make regulations. 3 5. Repeal and Saving. 2008 • No.18 Hides, Skins and Leather Trade 2008 3 THE UNITED REPUBLIC OF TANZANIA No.18 OF 2008 I ASSENT, .... ~.-........... . President ...... ~.~~,.~f .............. . An Act to develop and regnlate the production and preservation of hides, skiu aad leather and to promote trade In hides, skins and leather aad to provide for related matten. ENACTED by Parliament of the United Republic of Tanzania. PARTI PRELIMINARY PROVISIONS 1.-(1) This Act may be cited as the Hides, Skins and Leather Trade Act, 2008. (2) This Act shall come into operation on such date as the Minister may, by notice in the Gazette, appoint. 2. This Act shall apply to Mainland Tanzania. 3. In this Act, unless the context otherwise requires "authori7.ed officer" means any person whom the local government authority has conferred or imposed all or any of the powers, duties and functions upon him by his Act; Short title and commcnce, ment Application Jntaprelalion 4 No.18 Hides, Skins and Leather Trade "deal" means to buy or sell or to offer to buy or sell either as principal or agent, and "dealer'' shall be construed accordingly; "Committee" means the National Hides, Skin and Leather Advisory Committee; "Director~ s the Director responsible for Hides, Skins and Leather De pment in the Ministry responsible for livestock develo t; "flying" means the p~ess of removing the hide or skin from an animal which is compatible with the tanning requirements; · "glue stock" means a hide or skin which has been rejected by an inspector for having no economic value for tanning; "gteen hide or g,een skin" means a hide, or a skin which is neither wholly nor partly dried, salted, pickled or tanned; "ground dried" in relation to a hide or skin means dried by a method other than that of suspension drying, salting or pickled; "hide" means the raw skin of a mature or fully grown animal of the large kind including cattle, horse, donkey and camels; "hide dresser" means a person who does flaying, washing and lacing; "hide dresser license" means a license issued under section 15 of this Act; "hide grader" means a person who does sorting and grading; "hide grader license" means a license issued under section 16 of this Act; "inspector" means a person appointed to be an inspector under this Act; "leather" means a hide or skin with or without hair which still retains its original fibrous structure more or less intact and which has been tanned so as to be imputrescible even after exposure to water; "leather goods" means items or articles whose components or parts consist of leather and includes footwear; "licensing authority" means the Director, or a person authorized by the authority to issue license under Part N of this Act; "Minister'' means the Minister responsible for livestock; "official entry" means any airport, port, railway station or road-station open to international trade of commodities, where import to export and veterinary inspection service are performed; 2008. No.18 Hides, Skins and Leather Trade "preparation" includes the processes of cleaning, fleshing, salting or drying and any other similar process to be prescribed; "premises" means the building or place where curing, grading, storage and trade are being carried out; "registration authority" means a person authorized by the authority to register premises under Part Ill of this Act; "reject hide, skin or leather" means any hide, skin or leather which has defects that covers more than sixty percent of the total area; "skin" means the raw skin of a mature or fully grown animal of the smaller kinds, including sheep, goat, pigs, reptiles, birds, and fishes or the immature animals of larger species including calves; Suspension dried" in relation to a hide or skin, means dried by a prescribe<i°method of suspension drying; "tanning" means converting putrescible raw hide or skin into leather. 4. With a view to give effect to the fundamental principles of the National Livestock Development Policy, every person exercising power under this Act shall have regard to (a) improving the quality and collection of hides, skins and leather for domestic and export markets; (b) ensuring that production and processing of hides, skins and leather are environmentally friendly; and ( c) ensuring that lower level of community is participating in the production and marketing of hides, skins, and leather. PARTD ESTABLISHMENT OF ADVISORY COMMITTEES 5.-( I) There is established a Committee to be known as a National Hides, Skins and Leather Advisory Committee which shall consist of nine members appointed by the Minister. (2) The provisions of the Schedule to this Act shall, in relation to members have effect as to the composition; tenure of office of its members, termination of appointments, proceedings of the Council and other related matters. (3) The Minister may from time to time by notice in the Gazette, amend the Schedule. 2008 5 Fundamental principles Establishment of the Committee 6 No.18 Hides, Skins and Leather Trade 6. The functions of the Committee shall be to (a) advise the Minister on policies and other matters relating to hides, skins and leather industry; (b) advise the Minister on matters pertaining to production, processing and marlceting of hides, skins and leather; ( c) promote and encourage education advancement with regard to production, processing and marketing of hides, skins, ' · and leather; ( d) advise the Minister on promotion and strengthening of hides, skins, and leather stakeholders organizations; ( e) to advise the Minister on matters relating to research development in hides, skins and leather industry. 7 .-(I) There shall be established in every local government authority a Hides, Skins and Leather Advisory Committee which shall consists of seven members appointed by the Local Government Authority; (2) The provisions of the Second Schedule shall have effect in relation to the composition, tenure of office of the members of the Committee established under subsection (I) and other related matters. 8. The functions of the Hides, Skins and Leather Advisory Committee shall be to ( a) advise the local government authority on by laws related to hides, skins and leather industry; (b) advise the local government authority on matters pertaining to production, processing and marketing of hides, skins and leather; ( c) advise the local government authority on promotion and strengthening of hides, skins and leather stakeholders organizations; and ( d) receive and advise on recommendations from the Village Hides, Skins and Leather Advisory Committee established under section 9(1). Faoclions ofdlO Cammillee 2008 Hides, Skins and Leather Advisory Commitkc Function of the Hides, Skins and Leather Advisory Committoe No.18 Hides, Skins and Leather Trade · 9.-( I) There shall be established in every village, a Village Hides, Skins and Leather Advisory Committee which shall consist of five members appointed by the village council of the relevant village. (2) The provisions of the Third Schedule shall have effect in relation to the composition, tenure of office of the members of the Committee established under subsection (I) and other related matters. (3) The Functions of the Village Hides, Skins and Leather Advisory Committee shall be to (a) advise the:. village council on enforcement of by-laws related to hides, skins and leather industry; (b) advise the village council on matters pertaining to production, processing and marketing of hides, skins and leather; ( c) advise the village council on promotion and strengthening of hides, skins and leather stakeholders organizations; and ( d) receive and respond to advice from the Hides, Skins and Leather Advisory Committee under section 7. PARTIII REGISTRATION OF PREMISES 10.-(1) A person shall not use premises for the purpose of (a) shading or suspension drying wet salting or for any other methods of drying hide and skins; and (b) processing hides and skins into pickled pelt or into any stage of leather tanning or finishing, unless the premises has been approved as suitable for that purpose by an inspector. (2) Where a premises has been approved under subsection (I), the occupier shall apply for registration of the premises. (3) An application for registration of premises to be registered under this Act shall be made in writing in the prescribed from to the registration authority by the occupier. ( 4) Where the registration authority has approved the application it shall grant a registration certificate. 2008 7 Village Hides, Skins and Leather Advisory Committee Registration of premises 8 No. 18 Hides, Skins and Leather Trade (5) Notwithstanding subsection (4), the registration authority may ( a) refuse to issue a registration certificate where, the premises is unsuitable for the purpose, or the occupier or attendant is not capable of satisfactorily preparing hides, skins and leather in the prescnbed manner; (b) cancel or suspend the registration certificate in respect of registered premises if the hides, skins, and leather are not being prepared, dried, cured or tanned in a manner which is, in his opinion, satisfactory. ( 6) A registration certificate issued under this section shall be in the prescribed form. 11.-( I) A registration certificate shall, unless earlier cancelled or suspended, be valid for twelve months and shall be subject to renewal. (2) Application for renewal of a registration certificate shall be made to the registration authority by which the registration certificate was granted. (3) When renewing a registration certificate the registration authority may, upon the advice of the inspector vary conditions subject to which the registration certificate was granted or impose additional conditions. 12. No premises shall be registered under this Part unless an environmental impact assessment has been conducted and the premises is the subject of periodic environmental impact assessment. 13.-( I) Every owner or user of the premises registered under this Part shall, for the purpose of preventing environmental pollution, manage its effluent through disposal and treatments measures in a manner prescribed in the regulations. (2) The owner or user of the premises who contravenes subsection ( 1) commits an offence and shall, upon conviction be liable for closure of premises and such other measures prescribed under the Environmental Management Act. Validity of registration certificate and renewal 2008 Adherence to Environmental Impact Assess ment measures "Effluent management in hides, skins and leather industries Cap.191 10 No. 18 Hides, Skins and Leather Trade 16.-( I) A person, shall not by way of trade, grade or select any hides, skins or leather either on his own account or as an employee or agent of any other person unless he is the holder of a valid hide grader's license issued under this Act (2) Any person who contravenes subsection (I), commits an offence and upon conviction shall be liable to a fine not exceeding one million shillings or to imprisonment to a term not exceeding twelve months or to both. 17.-(1) An application for premises to be licensed refei:ced to under section 14 shall be made by the occupier in writing in the prescribed form (a) in any case in which the premises are to be licensed for the export of hides, skins or leather to the Director or an authorized officer; and (b) where the premises are not to be licensed for the export of hides, skins or leather, to the licensing authority. (2) Where an application is made to the Director or an authorized officer, in accordance with subsection ( 1 ), and is accompanied by the prescribed fee and a report from the inspector, the Director or an authorized officer shall, ifhe is satisfied that ( a) the premises are constructed and equipped to such standards as may be prescribed; and (b) the applicant is (i) capable of complying with such conditions as may be imposed or attached to the license; and (ii) in all other respects a suitable person to be granted a license, grant, subject to any conditions which he may impose or as may be attached thereto, a license in the form as may be prescribed to the applicant. (3) Where an application is made to the licensing authority and is accompanied by the prescribed fee and the recommendation of the inspector, the licensing authority shall grant a license in that behalf, subject o conditions as the inspector may direct. ( 4) An inspector shall not recommend the grant of a license unless he is satisfied that ( a) the premises are constructed and equipped to the prescribed standards; and 2008 Hide graden tobe licensed License in respect of premises No.18 Hides, Skins and Leather Trade (b) the applicant is capable of complying with such conditions attached to the license. (5) In this section "occupier" in the case of a body corporate or firm includes any director, officer or partner of such corporation or firm. 18.-(1) A license referred to under section 14 shall, subject to the provisions of section 17, remain in force for twelve months subject to renewal. (2) Application for the renewal of a license granted under section 15 shall be made to the licensing authority by which the license was granted. (3) Where an application in the prescribed form for a renewal, accompanied by the prescribed fee, is made (a) to a licensing authority, the licensing authority shall, unless it has previously been instructed by the inspector to the contrary, renew the license for a further period of twelve months; (b) to the Director, the Director may renew the license for a further period of twelve moths. (4) When renewing a license under subsection (2), the Director may, and if so advised by the inspector, vary the conditions subject to which the license is granted and impose additional conditions as shall be prescribed in the regulations. 19.-(1) A license referred to under section 14 may be suspended or cancelled by the licensing authority if upon satisfaction that (a) the premises have ceased to be used for the purpose for which the license was granted; (b) a licensee (i) has since the license was issued been convicted of any offence against the provisions of this Act; (ii) has since the license was granted been convicted of any offence involving fraud or dishonesty; 2008 II Duration of premises license Suspension and cancella• lion of license 12 No.18 Hides, Skins and Leather Trade (iii) has been adjudged bankrupt or in case of a company, it has gone into liquidation or has been wound up; or (iv) has failed to comply with any conditions of the license. (2) A licensee who has been notified that his license has been suspend or cancelled shall stop operating and immediately surrender the license to the authority which granted that license. (3) Any person who contravenes subsection (2) commits an offence and shall upon conviction be liable to a fine nat exceeding one million shillings or to imprisonment for a term not exceeding twelve months or to both. ( 4) In this section "licensee" in the case of a body corporate or a firm includes any director, officer or partner of that corporation or frrm. 20.-( I) The licensing authority shall maintain in such form as may be prescribed a register of all licenses granted by that authority under section 15 and of any renewals, suspensions and cancellations of licenses. (2) Where an inspector intends to suspend a cancel a license, he shall inform the licensing authority. 21. A license granted under section 15 shall be valid in respect of the premises for which it was granted and shall not be transferable. 22.-( I) An application for a hide dressing license shall be made in writing in the prescribed form and accompanied by the prescribed fee to the licensing authority for authority in which the applicant intends to carry on the occupation of preparing hides, skins and leather. (2) On receipt of the application (a) the licensing authority shall grant a license subject to conditions as the inspector may recommend; or (b) The licensing authority may refuse the application if the applicant does not meet the require standards. · Licensing authority to keep register 2008 License not transferable Hide .dressers license No.18 Hides, Skins and Leather Trade (3) The inspector shall not recommend the grant of a license unless he is satisfied that the applicant has valid professional certificate and proven experience to prepare hides, skins and leather. 23.-(1) Application for a hide grading license shall be made in writing in the prescribed form and accompanied by the prescribed fee and shall be made to the licensing authority in which the applicant intends to carry on the occupation of grading hides and skins. (2) On receipt of the application the licensing authority shall grant a license subject to conditions as the inspector may recommend. (3) Where the'applicant does not meet the required standards the licensing authority shall refuse the application. ( 4) An inspector shall not recommend the issue of a license under this section unless he is satisfied that the applicant has a valid professional certificate and proven experience to grade hides and skins. 24.-(1) A hide dressing or hide graders license shall be valid for one year. (2) An application for the renewal of hide dressing or hide graders license shall be made to the licensing authority which grated the license. (3) An application for a renewal of hide dressing or hide graders license shall be accompanied by the prescribed fee and unless there are instructions by the inspectors to the contrary, a license for a further period of three years shall be granted. (4) The licensing authority may cancel a hide design or hide graders license if (a) it is satisfied that the holder has failed or is unable to prepare hides, skins or leather according to be standards prescribed; or (b) has failed to comply with conditions of the license. 2008 13 Hide grading license Duration of hide dressing or hide graders Licence 14 No.18 Hides, Skins and Leather Trade (5) A person whose hide dresser's licence has been cancelled may at any time apply under this section for the issue of a new license. (6) A hide dressing license shall be valid and applicable in the respective authority where it was issued. (7) A hide dresser's license shall not be transferable. 25.-( I) Where the holder of a hide dresser's license or a hide grader's license is notified that his license has been cancelled under section 19, he shall forthwith surrender such license to the inspector. (2) A hide dresser or grader who, without reasonable excuse, contravenes subsection (I) commits an offence and upon conviction shall be liable to a fine not exceeding two hundred thousand shillings or to imprisonment for a term not exceeding three months or to both. 26.-( I ) A person who undertakes or who proposes to undertake training in the preparation of hides, skins and leather may apply in writing in the prescribed form to the inspector for the authority in which the premises at which such graining is or is to be carried out for a provisional hide dresser's license. (2) An application made under subsection (I), shall be accompanied by the prescribed fee and the recommendation of the inspector. (3) On receipt of the application under subsection (I) and (2), the licensing authority shall issue a license in that behalf, subject to any conditions which the inspector may recommend, but in any other case the licensing authority shall refuse the application (4) A provisional license issued under this section shall, subjectto the provision of subsection (4), remain valid for twelve months renewed upon payment of the prescribed fee for a further period of one year. (5) A provisional license may be cancelled by the inspector if he is satisfied that the holder has ceased to undertake training in respect of which the license was issued or that such training has ceased to be satisfactory. Surrender of license when cancelled Provisional license No. Ill n1aes, .:>Kins ana Leamer 1 ruue (6) A provisional license issued under this sections shall not be transferable. 27. Any holder of a license issued under this Act whose license has been lost or destroyed may on payment of the prescribed fee obtain a duplicate license fl-om the licensing authority by which the original license was granted. PARTY APPOINTMENT OF INSPECTORS 28.-(1) The Director may appoint persons fl-om amongst registered veterinarians, livestock officers or livestock field officers to be inspectors for every local government authority; (2) An inspector appointed under subsection (I) shall perform functions and discharge his duties in accordance with this Act. 29.-(1) An inspector appointed under section 28 may, for the purpose of ascertaining whether the provisions of this Act are complied with (a) enter and inspect any premises in which he suspects that preparation, storage, grading, tanning or exportation of hides, skins or leather is carried out; (b) inspect any equipment or document and mark in the prescribed manner any hides, skins or leather found on such premises; or (c) take and retain any hides, skins or leather as samples or evidence for the purpose of instituting any · ~ proceedings under this Act. (2) A police officer or an inspector may (a) stop and inspect any vehicle carrying, or suspected to carry, hides, skins or leather; (b) inspect any hides, skins or leather or any document found in the vehicle; . ( c) take and retain any such hides, skins or leather; or ( d) direct that the person in-charge of the vehicle convey them to such reasonable place he may direct. Replacement of lost license Appointment of inspectors Powers of inspection, search and seizure 16 No. 18 Hides, Skins and Leather Trade 30. The Director may delegate to the local authorities or other public officer any of the powers, duties and functions conferred or imposed upon him by this Act other than powers to determine appeals. PARTVI MISCELLANEOUS PROVISIONS 31.-(I) A pei:~on aggrieved by (a) the refusal or neglect of an inspector to recommend the granting of a license under Part IV or by the suspension or cancellation by an inspector of a license, may appeal to the Director; (b) the refusal or neglect of the licensing authority to grant or renew a license or by any conditions attached to a license or order of suspension or cancellation, may appeal to the Minister or Regional Commissioner; ( c) the refusal or neglect of the registration authority to grant or renew registration certificate or to vary conditions attached on the registration or on an order of certificate suspension or cancellation, may appeal to the Minister or Regional Commissioner (2) Every appeal shall be in writing accompanies by a prescribed fee and shall be brought within such time which may be prescribed. (3) The decision of the Minister or Regional Commissioner on any appeal brought under this Act shall be final and the Director, inspector and the licensing authority as the case may be, shall give effect to that decision. 32.-(1) No person shall by way of trade, deal in or export or attempt to export any sun or ground dried hide or skin which ( a) in case of hide or skin that hide or skin (i) is smeared with blood, dung or any foreign substance; (ii) has been smoked; (iii) has been used for domestic purposes; or Ddoplion bydlo DiRolor Appeals Offences and penalties 2008 No.18 Hides, :ikins and Leather rrade (iv) has not been properly dried or is not in a fit conditions for storage; or (b) in case of leather that leather (i) is smeared with blood, dung or any foreign substance; (ii) has been smoked; (iii)has been used for domestic purposes; or (iv) is ofreject grade. (2) A person who contravenes the provisions of subsection (I) commits an offence and shall upon conviction he liable to a fine not exceeding one million shillings or to imprisonment for a term not exceeding twelve months or to both. (3) The trial court may order that hides, skins or leather in respect of which the offence has been committed be forfeited to the Government. 33.-( I) A person who (a) treats any hides, skins or leather with any substance not prescribed under this Act, except with the object of manufacturing other articles from such hides, skins or leather; (b) treats or prepares a sun or ground-dried hides and skins with the intention of selling it as shade or suspension; ( c) re-washes, soaks or immerses in water any dried hide or dried skins or dried wet blue ieather in such a way as to wet such hides, skins or leather through its substance; ( d) treats any hide or skin in any manner so as to cover up or disguise any cuts, scratches, scores, brand marks, disease lesions or any other flaws or blemishes; ( e) without the consent in writing of the Director or an inspector authorized by the Director or the authority removes, alters or defaces any mark or liable made on or attached to any hides, skins or . leather; or ( f) authorizes the collection and transportation in a vehicle or collects and transports in a vehicle any hides, skins or leather which is not accompanied by any documents that may be required under this Act, 2008 17 Other offences 18 No, 18 Hides, Skins and Leather Trade commits an offence and shall be liable upon conviction to a fine not exceeding one million shillings or to imprisonment for a term of not exceeding twelve months orto both. (2) A person who knowingly makes any false or misleading statement in any application for a license under this Act commits an offence and shall upon conviction be liable to a fine not exceeding one million shillings or to imprisonment for a term not exceeding twelve months or to both. (3) Nothing contained in (a) paragraphs (a), (b), (c) or (d) of subsection(!), shall apply to hides, skins and leather which is used for the manufacture of harness for yoke oxen or for making thongs for domestic purposes or to any act in the course of manufacture of articles of trade from hides, skins and leather; (b) paragraph (a) of subsection (1), shall apply to any treatment authorized by the Director for the purposes of testing materials or methods; (c) Paragraph (b) of subsection(!), shall apply to the dipping of any hides, skins or leather in a prescribed insecticide. 34.-( 1) The Minister may make regulations generally for the purposes of improving the quality of hides, skins or leather produced, prepared or sold in or exported from Tanzania. (2) Without prejudice to the generality of subsection (I) the Minister may make regulations providing for ( a) the form and manner of application, the fees to be paid in respect of, the manner of granting renewal or endorsement of and the form of any license require to be granted under this Act; (b) the conditions to be attached t any license required to be granted under this Act; ( c) the regulation of the grading and selection of any hides, skins and leather; ( d) the grades, types and classes of hides, skins and leather; 2008 Power of the Minister to make regulations No.18 Hides, Skins and Leather Trade ( e) returns to be rendered by dealers and exporters and prescribing the persons upon whom and the form in which the returns shall be made; ( f) dealers and exporters to keep records, to preserve the records, to produce the records for inspection as may be required, and to prescribe the form and language in which the records shall be kept; (g) dealers and exporters to issue documents in respect of dealing in, transfers of or the consignment of hides, skins, or leather, to preserve the documents, to produce the documents for inspection as may be required, and to prescribe their form; (h) the manner and method of marking, labeling or packing of hides, skins and leather for export, or to denote the grade, type or class or the area of premises of origin; ( i) the manner in which hides, skins or leather may be moved between premises; 0) the control or prohibition of movement of hides, skins or leather from one part of Tanzania to another or from any part of Tanzania to any destination outside Tanzania; (k) the form and manner of use of any permits or other documents which may be prescribed to effect control over the movement of hides, skins or leather; (I) the dealing in or export of any kind of hides, skins or leather which is not prepared in the prescribed manner, or which is not in a prescribed condition, or of a prescribed weight, size or shape, or which has been mutilated by brand marks or in any other way, or which for any reason is deemed to be unfit or unsuitable for sale or export; (m) the conditions under which a person may deal in green hides, skins and leather; ( n) imposition of cess or tax on hides, skins, leather and leather goods either generally or on specified grade or class or type of hides, skins or leather goods for the purpose of using the proceeds to improve the leather industry; 2008 19 20 No.18 Hides, Skins and Leather Trade ( o) the methods which may be used in the flaying of any animal and the preparation fhides, skins or leather, and prescribing the tools and equipment to be used in the procedure; (p) the places on the body of any animal and the manner in which brand marks may be made or affixed; ( q) the official exit, ports or places and premises through which and the conditions upon which the export of hides or skins shall be permitted; (r) the use of and registration of numbers or marks which may be allotted to premises or licenses; (s) the standards required for any premises before they may be licensed under this Act; (t) the manner in which effluent from hides, skins and leather processing plant shall be treated; and (u) things which under the provisions of this Act may be prescribed. (3) Regulation made under this section may (a) apply throughout Mainland Tanzania or be limited in their application to any specified area of it, and may be applied to specified classes or hides, skins or leather, to specified persons or classes of persons or to specified premises or classes of premises; and (b) require acts or things to be done to the satisfaction of any specified person and may empower any specified person to issue . ~ directions to any other person requiring acts or thing to be done, imposing conditions, within or before which the acts or things shall be done or fulfilled. 35.-( 1) The Hide and Skin Trade Act is hereby repealed. (2) Notwithstanding the repeal of the Hide and Skin Trade Act, any subsidiary legislation made under the repealed law shall have effect as if made or done under this Act, until they are revoked. Repeal and savings Cap.120 2008 No.18 r r • Tenure of office Tc:nninlllion of--1>ers ,ti:', . ',1' I; ; Meetings ofthe CommiU<e Quorum Hides, Skins and Leather Trade 2008 21 F'lRsT ScHEDULE Made under Section 5(2) 1. The Advisory Committee shall consist of nine members who shall be appointed by the Minister as follows 2. 3. 4. s. (a) the Chairman who shall be a qualified person in hides, skins and leather matters; (b) Director of the Local Government from the ministry responsible for local government authorities; ( c) Director; (d) Director of Veterinary Services; (e) One representative of the Confederation of Trade and Industry; ( f) one representative from association of the hides, skin and leather producers; (g) one representative from Tanzania Chambers of Commerce; (b) one representative from association of the tanners; and (i) one representative from association of the hides, skins and leather collectors and traders. A member of the Council appointed under paragraph I shall hold office for three years and shall be eligible for re-appointment. (1) A person shall cease to be a member of the Committee where he (a) absent from three consecutive meetings of the Committee without good cause; (b) ceases to hold office or position for which he was appointed; (c) tenders resignation in writing to the appointing authority; (d) dies; or (e) is suffering from mental disorder or terminal illness. (2) Subject to sub-paragraph (1) replacement shall be done promptly. The Committee shall meet not less than four times in a year and at such time as it may be necessary or expedient for transaction of business and snch meetings shall be held at such places, times and dates as shall be determined by the secretary and approved by the chairman. Quorum for the meeting of the Committee shall be two thirds of the total nwnber of members. 22 No.18. Hides, Skins and Leather Advisory Commill<C Tenure of office Termination of members MeetiDl!IIOf Hides, Skins and Leather Advisory Commill<C Quorum Hides, Skins and Leather Trade' SECOND ScllEDULE Made under section 7(2) 1. -(I) The Hides, Skins and Leather Advisory Committee established in each authority shall consist of seven members ~l!PJJOinted by the respective authority as follows: 2. 3. 4. 5. (a) one membec ofrepn,senting a recognized liveswck Canner's organization; (b) one member repmlCDting a recognized hides and skins traders' organization; ( c) one member representing a recogni:zed hides and skins processors organization; ( d) one government offk:ial responsible for hides and skins improvement; (e) one government official responsible for trade; and (t) two councilors. (2) the Hides, Skins and Leather Advisory Committee shall regulate its own procccdings. A member of the Hides, Skins and Leather Advisory Committee Wider paragraph I shall hold office for three years and shall be eligible for re-appointmenL (I) A person shall cease to be a member of the Hides, Skins and Leather Advisory Committee Wider I where he (a). absent fro.m three consecutive meetings of the Committee without good cause; (b) ceases to hold office or position for which be was appointed; (c) tenders resignation in writing to the appointing authority; (d) dies; or ( e) is suffering from mental disorder or terminal illness. (2) Subject to sub-paragraph (1) replacement shall be done promptly. The Hides, Skins and Leather Advisory Committee shall meet not less than four times in a year and at such time as it may be necessary or expedient for transaction of business and suc:h meetings shall be held at such places, times and dates as shall be determined by the secretary and approved by the chainnan. Quorum for the meeting of the Hides, Skins and Leather Advisory Committee shall be two thirds of the two thirds of the total member or members. No.18 Hides, Skins and Leather Trade PARTIV LICENSING PROVISIONS 14.-(1) A person shall not by way of trade (a) prepare, grade or store any hides, skins or leather at any premises; (b) make or accept delivery of any hides, skins or leather on or for sale at any premises; or (c) export any hides, skins or leather from any premises, unless (i) the occupier of the premises is the holder of a valid license in respect of the premises and the relevant act is carried out in accordance with the conditions of the license; or (ii) the premises are declared by the Director to be exempt premises and the relevant act is carried out in accordance with conditions subject to which they are so exempt. (2) Any person who contravenes subsection (I) commits an offence and upon conviction shall be liable to a fine not exceeding one million shillings or to imprisonment for a term not exceeding twelve months or to both. (3) The Director may, in writing and subject to such conditions as he may think fit to impose (a) exempt any person or class of persons from compliance with the provisions of subsection (I); and (b) declare any premises or class of premises to be exempt premises. 15.-(1) A person shall not by way of trade, prepare any hides, skins or leather either on his own account or as an employee or agent of any other person unless he is a holder of valid hide dressing license issued under this Act. (2) Any person who contravenes subsection (I), commits an offence and upon conviction shall be liable to a fine not exceeding one million shillings or to imprisonment for a term not exceeding twelve months or to both. 2008 9 Licensing of premises Hide dressers to be licensed No.18 Composition of the Village Hides, Skins and Leather Adviso,y Committee Hides, Skins and Leather Trade 2008 23 TuIRD ScllEoULE Made under section 9(2) 1. -(I) The Village Hides, Skins and Leather Advisory Committee shall consist of five members appointed by the respective authority as follows (a) one member representing livestock farmers; (b) one member representing hides and skins traders; ( c) the village extension officer; (d) the village executive officer; and ( e) one village council member. (2) The Village Hides, Skins and Leather Advisory Committee shall regulate its own proceedings. Passed in the National Assembly on the 31" October, 2008. Acting Clerk of the National Assembly