Written Laws (Miscellaneous Amendments) Act, 2003 (No. 11 of 2003)

THE UNITED REPUBLIC OF TANZANIA No. I I OF 2003 I I An Act to amend certain Written Laws. ENACTED by the Parliament of the United Republic of Tanzania. 1. This Act maybe cited as the Written Laws (Miscellaneous Amend ments) Act, 2003. Short title 2. The various Laws set forth in the first and second columns of the Schedule to this Act are hereby amended in the manner specified in the third column to the Schedule. Amend inent of Certain Laws I ASSENT 23rd May 2003 2 N o. 11 SCHEDULE COLUMN I COLUMN 3COLUMN 2 The Antiquities Act, 1964 The Act is amended-Act No. I 0 of 1964 W ritten Laws (M iscelam eous Am endm ents) (a) in section 2 by inserting immediately after the definition of the word ''appointed day'' appearing in subsection (I) the following new definition Authorised officer'' includes Antiquities Officer, Assistant Antiquities Of ficer, Antiquities Guides and any other officer or person authorised by the Minister to exercise any power or to discharge any duty under this Act or any subsi-diary legislation made pursuant to this Act; (b) in section 25 (i) by adding immediately after paragraph (e) the following new paragraph 11(f) prescribing appointments, powers and duties of authorized officers under this Act'' (ii) by renaming paragraph (f) as Paragraph (g); ''in the conservation area- immediately after the(iii) by adding the words word ''monument'' appearing at the end of the proviso. 2003 The National Parks Ordinance. The Ordinance is amended -Cap. 412 (a) by adding immediately after section 13 the following new section: 'S taff 13A. The Trustee may make staff regulations for the manage ment of officers and servants appointed under section 1 3 and for the better execution of the activities in accordance with the objectives of this Ordinance'' Regula tions W ritten Law s (M iscelam eous A m endm ents) (b) in subsection (2) of section 1 6 (i) by deleting the phrase ''one hundred thousand shillings'' appearing at the end of paragraph (a) and substituting for it the phrase: ''five hundred thousand shillings''; (ii) by deleting the phrase ''fifty thousand shillings'' appearing at the end of paragraph (b) and substituting for it the phrase: ''five hundred thousand shillings''; (iii) by deleting the phrase ''twenty thousand shillings'' appearing at the end of paragraph (c) and substituting for it the phrase ''two hundred thousand shillings''; (iv) by deleting paragraph (d); (c) in subsection (2) of section 1 7 by deleting the phrase ''twenty thousand shil lings'' and substituting for it the phrase: ''five hundred thousand shillings''; (d) in subsection (I ) of section 20A by deleting the phrase ''two hundred 2003shillings'' appearing in item (i) of the proviso and substituting for it the phrase ''one hundred thousand shillings''; 4 N o. 11 (e) by deleting subsection (] ) of section 21 and substituting for it the following ''(1 ) Any person who commits an offence under this Ordinance shall, on con viction, if no other penalty is specified, be liable (a) in the case of an individual, to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding one years or to both that fine and imprisonment; W ritten Laws (M iscelam eous Am endm ents) (b) in the case of a company, a body corporate or a body of persons, to a fine not exceeding one million shillings'' The Act is amended in subsection (I C) of section 27 by deleting the whole of subse-ction (I C) and substituting for it the following The Industrial Court of TanzaniaAct No. 41 of 1967 Act, 1967 ''(IC) Subject to the provision of this section, every award and decision of the Court shall be called in question on any grounds in which case the matter shall be heard and determined by a full bench of the High Court''. The Customs Tariff Act 1976 The Act is amended-Act No.] 2 of 1976 (i) in Part A of the Third Schedule by deleting the whole of item 1 5 which relates to export processing zones; (ii) in the Fourth Schedule which relates to ... PRIORITY SECTORS FOR THE PURPOSES OF INVESTMENT PROMOTION'' by deleting item 13 and substituting for it the following: ''I 3 Marine transportation for passengers, cargo and road haulage;''The Income Tax Act, 1973Act No. 1 3 of 1 973 The Act is amended in the Third Schedule by deleting sub-item 1 5 of Head B, item 9 and substituting for it the following Rates of tax in percentage Dividend Interest on loans Priority Sector 2003 I 5. Marine transportation passengers, cargo and road haulage 10 The Act is amended in section 15 -The Railways Act, 2002Act No. 4 of 2002 (a) by adding immediately after paragraph (b) of subsection (4) the following paragraph ''(c) whose service is transferred to any person to whom the powers of the Com- Written Laws (M iscelam eous Am endm ents) pany are delegated,'', (b) deleting subsection (5) and substituting for it the following ''(5) Where an employee whose services with the Corporation or the Company or any person to whom powers of the Company are delegated under subsec tion (4) is a member of any statutory, voluntary pension or any other super annuation scheme, such employee shall continue to be governed by the same laws and regulations goveming such scheme and his service, for the purpose of such scheme, shall be deemed to be service with the Corporation and the Corporation or as the case may be the Company or a person to whom powers of the Company are delegated, shall contribute to such scheme accord ingly'' (c) by deleting the phrase ''whose service is transferred'' appearing in the second line of subsection (6); (d) by adding immediately after subsection (6) the following new subsection ''(7) Where an employee of the Corporation who was a member of a non con tributory retirement benefit scheme is transferred to the Company or to any person to whom the powers of the Company are delegated, the Corporation shall, before such transfer, effect a voluntary contributory retirement benefits scheme on terms and conditions acceptable to the Minister in relation to such employee;'' 2003 (e) by renumbering subsection (7) as subsection (8). The Legal Aid (Criminal Procee dings) Act, 1969 Act No. 21 of 1969 The Act is amended in subsection (2) of section 4 (i) by deleting the phrase ''one hundred and twenty shillings nor more than three hundred shillings'' appearing in the second line and substituting for it the phrase. ''fourty thousand shillings nor more than sixty thousand shillings''; W ritten Laws (M iscelam eous Am endm ents) (ii) deleting the phrase ''five hundred shillings'' appearing in the fifth and sixth lines of a proviso to subsection (2) and substituting for it the phrase ''one hundred thousand shillings''; The Act is amended in section 39-The Stamp Duty Act, 1972Act No. 20 of 1972 (i) by deleting the marginal notes and substituting for them the follow n 9I marginal notes: ''Transfers of interest in property''; (ii) in subsection (2) by deleting the whole of paragraph (a) and substituting for it the following: ''(a) that the effect thereof is to convey or transfer a beneficial interest in property (i) from one body corporate (hereinafter in this section called ''the transferor'') to another body corporate (hereinafter in this section called ''the transferee") in which the transferor holds all or a majority of shares; or (ii) from a natural person to a body corporate in which the natural person is a beneficial owner of not less than ninety per centum of the issued share capital of such body corporate.'' 2003 The Act is amended in section 21 by adding immediately after subsection (3) the following subsection: Act No. 2 of] 999 The Public Service Retirement Benefits Act, 1999 ''(4) For purposes of subsection (2), the term ''appropriate authority'' means the Permanent Secretary to the Ministry responsible for Civil ''.Service. , The Act is amended in section I I by deleting subsection (3) and substitutingAct No. 25 of 1972 The Business Licensing Act, for it the following - Written Laws (M iscelam eous Am endm ents) 1972 ''(3) Notwithstanding any procedure prescribed by the Minister under section 6, renewal application for a business licence shall be accompa nied by Taxpayer Identification Number (TIN) or a written explanation satisfa-ctory to the licensing authority regarding the payment or as the case may be, exemption from payment by the applicant of income tax, value added tax, stamp duty or such other tax or levy as the Minister for Finance may, by notice published in the Gazette specify for the purposes of this section.'' The Act is amended in the Third Schedule by adding immediately after paragraph 2 the following Act No.24 of 1997 The Value Added Tax Act 1997 ''2A. Supplies to or importation of machinery, equipment and capital goods for projects funded by the government relating to infrastructure and utilities development'' The principal Act is amended in section 25 by adding new subsections (3) and (4) immediately after subsection (2) as follows:Act No. 20 of 2001 The Dar es Salaam Water and ''(3) Until such time as EWURA commences and assumes its regulatory pow Sewerage Authority Act, 2001 Act No. ers in respect of DAWAS A, the Minister shall assume and exercise all powers and functions of EWURA as provided for under section 7 of the Energy and Water Utilities Regulatory Authority Act 2001, including but not limited to, the granting of licenses to DAWASA and the Operator. 11 of 2001 2003 ''(4) For avoidance of doubt, when EWURA becomes operational and it has assumed its regulatory powers and functions, all regulatory pow ers and functions assumed by the Minister under the provisions of subsection (3) shall, without any further notice and assurance revert to EWURA-'' The Petroleum (Conservation) Act, The Act is amended -Act No. 18 of 1981 1981 W ritten Law s (M iscelam eous A m endm ents) (a) in section 3 by deleting the definition of the term ''Petroleum'' and substituting for it the following: ''Petroleum ''includes crude petroleum and any liquid or gas made from crude petroleum, coal, schist, shale, peat or any produce of crude pe troleurn and includes condensate'' in section 4 -(b) (a) by renumbering section 4 as section 4(l ); (b) by adding immediately after sub-section (1), as renumbered, the following new sub-sections ''(2) Any person carrying on the business of importing, unloading, transporting, storing, transforming or selling pe troleum shall, in the exercise of his respective business under this Act, be subject to regulation by the Authority. (3) Any person who is the subject of subsection (I ), shall prior to conducting any petroleum business under this Act, obtain a license issued by the Authority.'' 2003 by adding immediately after section 4 the following new see-(C) tion ''Powers and 4A.-(I ) The Authority shall exercise technical and safety regulatory functions in respect of the petroleum sector.functions of the Autho- (2) Without prejudice to the powers conferred upon the Authority under subsection (I ), the Authority shall, in relation to the regulation of the petroleum sector, have and exercise the following specific powers and functions: rity'' Written Laws (M iscelam eous Am endm ents) (a) to issue, renew, suspend or cancel licences and or permits under this Act; to monitor petroleum quality and standards;(b) to initate and conduct investigations in relation to safety and quality of services given to a consumer, (C) to conduct studies necessary for administrative and or man agement purposes in respect of the petroleum sector (d) (e) to give directions consistent with this Act to any person granted a licence or pen-nit under this Act ... to charge and collect fees and .Ievies (including any I regulatory levy) from the petroleum sector charged in accordance with the EWURA Act 2003to prescribe code of conduct in respect of persons providing(g) services under this Act;... (f) (h) to prescribed and cause to be published in the Gazette and in at least one Kiswahili and one English newspaper technical and safety standards of services; (i) to monitor the environmental impact in respect of the petroleum sector, to perform such other functions which are incidental or ancil lary to the functions stipulated under this section. (j) W ritten Law s (M iscelam eous A m endm ents) (d) in section 5 (a) by adding immediately after the word ''may'' appearing in the first line of sub-section (I ) the following phrase 11 after consultation with the Authority.'' (b) by adding immediately after paragraph ''k'the following new paragraph prescribe procedures for application, grant of licences, permits, and various forms to be used under this Act. Passed in the National Assembly on 2003 the April 2003 Clerk of the National Assembly