Written Laws (Miscellaneous Amendments) (No. 5) Act, 2019 (No. 12 of 2019)

No. 12 The Written Laws (Miscellaneous Amendments) (No. 5) Act 2019 1 THE WRITTEN LAWS (MISCELLANEOUS AMENDMENTS) (NO. 5) ACT ARRANGEMENT OF SECTIONS Section Title PART I PRELIMINARY PROVISIONS 1. Short title. 2. Amendment of certain written laws. PART II AMENDMENT OF THE ELECTRONIC AND POSTAL COMMUNICATIONS ACT, (CAP. 306) 3. Construction. 4. Amendment of section 13. 5. Amendment of section 78. 6. Amendment of section 83. 7. Repeal and replacement of section 93. 8. Repeal and replacement of section 95. 9. Amendment of section 117. 10. Amendment of section 118. 11. Repeal and replacement of section 131. 12. Repeal and replacement of section 165. ISSN 0856 - 034X THE UNITED REPUBLIC OF TANZANIA No. 12 20th September,2019 ACT SUPPLEMENT to the Gazette of the United Republic of Tanzania No.39. Vol.100 dated 20th September, 2019 Printed by the Government Printer, Dodoma by Order of Government NAKALA MTANDAO (ONLINE DOCUMENT) No. 12 The Written Laws (Miscellaneous Amendments) (No. 5) Act 2019 2 PART III AMENDMENT OF THE FIREARMS AND AMMUNITION CONTROL ACT, (CAP. 223) 13. Construction. 14. Amendment of section 3. 15. Addition of section 21A. PART IV AMENDMENT OF THE NATIONAL ARTS COUNCIL ACT, (CAP. 204) 16. Construction. 17. Amendment of section 2. 18. Amendment of section 3. 19. Amendment of section 4. 20. Addition of section 4A. 21. Amendment of section 15. 22. Addition of section 15A PART V AMENDMENT OF THE NATIONAL EXAMINATION COUNCIL OF TANZANIA ACT, (CAP. 107) 23. Construction. 24. Amendment of section 2. 25. Amendment of heading to Part II. 26. Amendment of section 4. 27. Amendment of section 5. 28. Amendment of section 9. 29. Amendment of section 11. 30. Amendment of section 13. 31. Amendment of section 16. 32. Addition of new Part IIIA. 33. Amendment of section 20. 34. Repeal and replacement of section 25. NAKALA MTANDAO (ONLINE DOCUMENT) No. 12 The Written Laws (Miscellaneous Amendments) (No. 5) Act 2019 3 35. Addition of section 26. 36. Amendment of Schedule. PART VI AMENDMENT OF THE NATIONAL SECURITY COUNCIL ACT, (CAP. 61) 37. Construction. 38. Amendment of section 3. 39. Amendment of section 4. 40. Amendment of section 6. 41. Amendment of section 8. 42. Amendment of section 10. PART VII AMENDMENT OF THE WEIGHTS AND MEASURES ACT, (CAP. 340) 43. Construction. 44. Amendment of section 2. 45. Amendment of section 7. 46. Amendment of section 10. 47. Amendment of section 11. 48. Amendment of section 14. 49. Amendment of section 19. 50. Amendment of section 23. 51. Amendment of section 26. 52. Repeal and replacing of section 33. 53. Amendment of section 54. PART VIII AMENDMENT OF THE WILDLIFE CONSERVATION ACT, (CAP. 283) 54. Construction. 55. Amendment of section 38. 56. Amendment of section 39. NAKALA MTANDAO (ONLINE DOCUMENT) No. 12 The Written Laws (Miscellaneous Amendments) (No. 5) Act 2019 4 ``THE UNITED REPUBLIC OF TANZANIA NO. 12 OF 2019 I ASSENT ………………………………………. President [……..…….………….] An Act to amend certain written laws. ENACTED by Parliament of the United Republic of Tanzania. PART I PRELIMINARY PROVISIONS Short title 1. This Act may be cited as the Written Laws (Miscellaneous Amendments) (No. 5) Act, 2019. Amendment of certain written laws 2. The written laws specified in various Parts of this Act are amended in the manner specified in their respective Parts. PART II AMENDMENT OF THE ELECTRONIC AND POSTAL COMMUNICATIONS ACT, (CAP. 306) Construction Cap.306 3. This Part shall be read as one with the Electronic and Postal Communications Act, herein after referred to as the “principal Act”. 19th September, 2019 JOHN POMBE JOSEPH MAGUFULI NAKALA MTANDAO (ONLINE DOCUMENT) No. 12 The Written Laws (Miscellaneous Amendments) (No. 5) Act 2019 5 Amendment of section 13 4.The principal Act is amended in section 13, by (a) deleting paragraphs (d), (e) and (f) appearing in subsection (3); and (b) deleting subsection (4) and substituting for it the following: “(4) Every Content Service Licensee shall be required to enter into a service level agreement with a multiplex operator who is a holder of Network Facilities Licence for purposes of transmission and distribution of broadcasting signals.”. and (c) renaming paragraph “(g)” as paragraph “(d)”. Amendment of section 78 5. The principal Act is amended in section 78(5), by deleting the words “frequency band” appearing in paragraph (c). Amendment of section 83 6. The principal Act is amended in section 83 (a) in the marginal note, by adding the words “and management” immediately after the word “approval” (b) by adding immediately after subsection (3) the following: “(4) The Authority shall manage the electronic communications equipment end-of life processes.” Repeal and replacement of section 93 7. The principal Act is amended by repealing section 93 and replacing for it the following: “SIM card Registration 93.-(1) Any person who owns or intends to use detachable SIM card or built-in SIM card mobile telephone shall be obliged to register SIM card or built in SIM card mobile telephone. (2) A person who sells or, in any other manner, provide NAKALA MTANDAO (ONLINE DOCUMENT) No. 12 The Written Laws (Miscellaneous Amendments) (No. 5) Act 2019 6 detachable SIM card or built-in SIM card mobile telephone to any potential subscriber shall, on selling or providing such SIM card, or built in SIM card mobile telephone, register the same. (3) The application service licensee, distributor, agent or dealer authorized to sell or provide the detachable SIM card or built-in SIM card mobile telephone by the respective application service licensee or operator shall verify the information obtained from subscriber and retain in hard copy or electronically all information obtained during registration. (4) Registration and verification of SIM card or built-in SIM card mobile telephone shall be conducted in the manner provided in the Electronic and Postal Communications (SIM Card Registration) Regulations.” Repeal and replacement of section 95 8. The principal Act is amended by repealing section 95 and replacing for it the following: “Submission of information 95. An authorised distributor, agent or dealer dealing with selling or distributing the detachable SIM card or built in SIM card mobile telephone shall submit to the respective application services licensee all the information and documents obtained during distribution or registration.”. Amendment of section 117 9. The principal Act is amended in section 117, by (a) deleting the words “after conviction” appearing at the end of subsection (1); and NAKALA MTANDAO (ONLINE DOCUMENT) No. 12 The Written Laws (Miscellaneous Amendments) (No. 5) Act 2019 7 (b) deleting subsection (3) and substituting for it the following: “(3) Any person who uses one or more numbers or electronic addresses without obtaining any relevant individual assignment or class assignment, commits an offence and shall upon conviction be liable to a fine of not less than five million Tanzanian shillings or imprisonment for a term not less than twelve months or to both, and shall be liable to a fine of seven hundred and fifty thousand Tanzanian shillings for everyday during which the offence continued.”. Amendment of section 118 10. The principal Act is amended in section 118 by deleting paragraph (d) and the closing phrase and substituting for them the following: “(d) permits any network services or application services, under the person’s control to be used for an activity described in section 117(3), commits an offence and shall, upon conviction, be liable to a fine of not less than five million Tanzanian shillings or imprisonment for a term not less than twelve months, or to both and shall also be liable to a fine of seven hundred and fifty thousand Tanzanian shillings for everyday during which the offence continued”. Repeal and replacement of section 131 11. The principal Act is amended by repealing section 131 and replacing for it the following: “Use of unregistered SIM card 131.-(1) Any person who knowingly and with intent to defraud uses an unregistered SIM card or built in SIM card mobile telephone or in any manner, misuses SIM card, commits an offence and shall upon conviction be liable to a fine of not less than NAKALA MTANDAO (ONLINE DOCUMENT) No. 12 The Written Laws (Miscellaneous Amendments) (No. 5) Act 2019 8 three million Tanzanian shillings or imprisonment for a term of not less than six months or to both. (2) A service provider, distributor, agent or dealer authorised to sell or distribute the detachable SIM card, or built in SIM card mobile telephone, who in any manner causes to be used unregistered SIM card, commits an offence and shall upon conviction be liable to a fine of not less than ten million Tanzanian shillings or imprisonment for a term of twenty four months or to both and where the commission of offence continues, the offender shall be liable to a fine of seven hundred and fifty thousand Tanzanian shillings for each day during which the commission of offence continued.”. Repeal and replacement of section 165 12. The principal Act is amended by repealing section 165 and replacing it with the following: “Regulations 165. The Minister may make regulations for better carrying out or giving effect to the provisions of this Act.”. PART III AMENDMENT OF THE FIREARMS AND AMMUNITION CONTROL ACT, (CAP. 223) Construction Cap.223 13. This Part shall be read as one with the Firearms and Ammunition Control Act, hereinafter referred to as the “principal Act”. NAKALA MTANDAO (ONLINE DOCUMENT) No. 12 The Written Laws (Miscellaneous Amendments) (No. 5) Act 2019 9 Amendment of section 3 14. The principal Act is amended by inserting in it's appropriate alphabetical order the following new definition: “fireworks” means a device containing gunpowder or any other combustible substance which causes spectacular effects and explosions when ignited;" Addition of section 21A 15. The principal Act is amended by adding immediately after section 21, the following: "Control of possession of fireworks 21A.-(1) Notwithstanding the provisions of this Act and any other written law, a person shall not import, manufacture, sell or otherwise supply fireworks unless he has obtained approval from Inspector General of Police. (2) A person shall not carry out activities involving fireworks unless he has obtained written permit from the person authorized to deal with fireworks in accordance with subsection (1). (3) Any person who contravenes the provisions of subsections (1) or (2) commits an offence and shall be liable upon summary conviction to a fine of five hundred thousand shillings or to imprisonment for a term of not less than six months but not exceeding one year or to both such fine and imprisonment. (4) The Minister may, by regulations, prescribe the procedures for better carrying into effect of the provisions of this section." NAKALA MTANDAO (ONLINE DOCUMENT) No. 12 The Written Laws (Miscellaneous Amendments) (No. 5) Act 2019 10 PART IV AMENDMENT OF THE NATIONAL ARTS COUNCIL ACT, (CAP. 204) Construction 16. This Part shall be read as one with the National Arts Council Act, hereinafter referred to as the “principal Act”. Amendment of section 2 17. The principal Act is amended in section 2, by (a) adding in their appropriate alphabetical order the following new definitions: ““art” means any work through which a person uses skills to express ideas in making, showing or performing artistic works; “artist” means a person engaged in or undertaking artistic works; “infrastructure” includes theatre halls, open or closed premises used for demonstration of artistic works save for cinematograph; (b) in the definition of the term “artistic work” (i) in paragraph (a) by (aa) deleting subparagraph (i) and substituting for it the following: “(i) paintings, drawings, graphic designs, etchings, lithographs, woodcuts, engravings, computer aided animations and prints;” (bb) deleting sub paragraph (ii) and substituting for it the following: “(ii) maps, plans, illustration and diagrams”; (cc) adding immediately after subparagraph (vi) the following: “(vii) modeling, and pageantries, fashion designs and such related works;”; and NAKALA MTANDAO (ONLINE DOCUMENT) No. 12 The Written Laws (Miscellaneous Amendments) (No. 5) Act 2019 11 (ii) in paragraph (c) by inserting the words “playwriting, music composition” between the words “costume design” and “make up.”” Amendment of section 3 18. The principal Act is amended in section 3, by adding immediately after subsection (3) the following “(4) The Council may, in consultation with other relevant authorities, appoint committees at regional and district levels. (5) The Council may make rules for the operations and governance of such Committees as it deems fit.” Amendment of section 4 19. The principal Act is amended in section 4 (a) in subsection (1) (i) in subparagraph (d), by inserting the words “monitor, regulate, assess” between the words “to plan” and “and coordinate”; (ii) in subparagraph (e), by inserting the words “policies, legislation, marketing and” between the words “relating to” and “the development”; (iii) deleting subparagraph (i) and substituting for it the following: "(i) to provide bylaws published in the Gazette and in such manner as the Council may approve, a system of registration of artists, artistic ensembles, associations or organizations, infrastructure used for artistic entertainment and performance, vendors and all persons engaged or otherwise uses for gain the works of art;” (b) by adding immediately after paragraph (i) the following: “(j) to make, publish and disseminate NAKALA MTANDAO (ONLINE DOCUMENT) No. 12 The Written Laws (Miscellaneous Amendments) (No. 5) Act 2019 12 information and guidelines relating to the revival, promotion, development, production and marketing of artistic works; (k) to establish, compile and maintain databases, including database of persons, organizations, institutions, equipment and facilities connected with the works of arts; (l) to promote adherence with Tanzania’s cultural, moral and ethical values among artists and other persons involved in production, performance, distribution or exhibition of artistic works within the purpose of this Act; (m) to promote formation of associations or organizations with a view to encourage growth of smaller groups of persons engaging in artistic works in Tanzania; (n) to assist any artist or group of persons who are citizens of Tanzania in obtaining relevant training or study tour on arts or artistic skills within or outside Tanzania; (o) to raise, maintain or otherwise administer funds from such sources and by such means as the Minister may approve to enable the Council to carry out its functions and empowering the artists in carrying out their artistic activities; (p) to exercise disciplinary powers over persons or group of persons, organizations, associations, or owners of infrastructures engaged in artistic works who contravene provisions of this Act; and (q) to perform such other functions as may be assigned by the Minister or prescribed to it under the provisions of this Act and other written laws.” (c) by deleting subsection (2) and substituting for it the following: NAKALA MTANDAO (ONLINE DOCUMENT) No. 12 The Written Laws (Miscellaneous Amendments) (No. 5) Act 2019 13 “(2) The Council shall have the power, in its capacity as a body corporate, for the purpose of carrying out its functions to rate, inspect, seize, suspend or destroy any work of art being produced, displayed or kept in contravention of the Act and other relevant laws or do all such acts as appear to it to be requisite, advantageous or convenient for or in connection with the carrying out of its functions or incidental or conducive to their proper discharge and may carry on any activity in that behalf either alone or in association with any other person or body whether within or outside the United Republic." Addition of section 4A 20. The principal Act is amended by adding immediately after section 4 the following new section: “Registration of artistic works 4A.-(1) The Minister may make specific regulations prescribing the manner of registration of artistic works, artists, artistic ensembles, associations, organizations, infrastructures as well as grounds for the refusal of registration, exemption from registration and cancellation of registration. (2) Any artist, artistic ensembles, associations, organizations or owners of infrastructures who engages in any artistic activity without being registered by the Council commits a disciplinary offence and upon determination by a competent disciplinary organ formed under this Act shall be liable to a fine not exceeding one million shillings or NAKALA MTANDAO (ONLINE DOCUMENT) No. 12 The Written Laws (Miscellaneous Amendments) (No. 5) Act 2019 14 any other penalty as prescribed in the respective rules made under this Act." Amendment of section 15 21. The principal Act is amended in section 15(1), by (a) deleting the words “With the consent of the Minister, the Council” and substituting for them the words "The Minister ". (b) deleting paragraph (e) and substituting for it the following: "(e) providing for a system of registration and issuance of permits to persons, organizations, associations or owners of infrustructure used for artistic activities engaged in or using works of art and infrustructures for exhibition and, or performance of artistic works;" (c) adding immediately after paragraph (h) the following "(i) providing for proper monitoring, control codes of conduct and disciplinary systems for artists, composer of artistic works, group of persons, associations, organizations and owners of infrastructures." Addition of section 15A 22. The principal Act is amended by adding immediately after section 15 the following new section: “Appeals to Minister 15A.-(1) A person who is aggrieved by the decision of the Council under this Act may within thirty days of such decision, appeal to the Minister. (2) On receipt of the appeal, the Minister shall, within thirty days, consider and determine the appeal. (3) In determining the appeal, the Minister may (a) uphold, quash or vary the NAKALA MTANDAO (ONLINE DOCUMENT) No. 12 The Written Laws (Miscellaneous Amendments) (No. 5) Act 2019 15 decision of the Council and give decision accordingly; (b) require the Council to inquire into any specific information from the appeallant and make further consideration of the application.” PART V AMENDMENT OF THE NATIONAL EXAMINATION COUNCIL OF TANZANIA ACT, (CAP. 107) Construction Cap.107 23. This Part shall be read as one with the National Examination Council of Tanzania Act, hereinafter referred to as the “principal Act”. Amendment of section 2 24. The principal Act is amended in section 2, by inserting in their appropriate alphabetical order the following new definitions: ““Authorized officer” includes an examination supervisor, invigilator, and any other person entrusted with the duty to handle examination material; “candidate” means a person registered to sit for an examination conducted by or on behalf of the Council; “certificate” means a document issued by the Council and designated as such showing results obtained by a particular candidate in an examination; “examination” means a formal test of a person’s knowledge or proficiency in a particular subject matter or skill conducted under this Act by or on behalf of the Council; “examinations material” whether in print or electronic form, means (a) an examination paper, booklets, stencils, recorded tapes, chemicals, electronic devices; (b) notes for the preparation of an examination paper; NAKALA MTANDAO (ONLINE DOCUMENT) No. 12 The Written Laws (Miscellaneous Amendments) (No. 5) Act 2019 16 (c) instructions for the setting up of equipment and the preparation of instruments for an examination; (d) any other document or material which is intended to form part of an examination paper or to enable an examination paper to be prepared and conducted; or (e) security envelopes and storage bags used for safe custody of the examination papers; “examination paper” includes a question paper, examination instructions or the draft or copy of an examination paper or instructions in respect of an examination which has not been taken, and includes an electronic form thereof;” Amendment of heading to Part II 25. The principal Act is amended by deleting the heading to Part II and substituting for it the following: “PART II ESTABLISHMENT, OBJECTIVES AND FUNCTIONS OF THE COUNCIL” Amendment of section 4 26. The principal Act is amended in section 4, by (a) deleting a full-stop appearing at the end of paragraph (f) and substituting for it a semi colon ; and (b) adding immediately after paragraph (f) the following: “(g) to conduct research on issues related to examinations or assessment; and (h) to organize training courses for or arrange for the training of setters, moderators, examiners, supervisors, invigilators and other persons connected with examinations.” Amendment of section 5 27. The principal Act is amended in section 5(2), by NAKALA MTANDAO (ONLINE DOCUMENT) No. 12 The Written Laws (Miscellaneous Amendments) (No. 5) Act 2019 17 (a) inserting immediately after paragraph (h) the following: “(i) to suspend or nullify examination or any part thereof, where the Council is satisfied that there have been irregularities in the course of such examination; (j) to withhold or cancel the results or certificate of a candidate where the Council is satisfied that he has been involved in examination irregularities; and”; and (b) renaming paragraph (i) as paragraph (k). Amendment of section 9 28. The principal Act is amended in section 9(1), by deleting paragraph (b) and substituting for it the following: “(b) not more than four other members of the Council.” Amendment of section 11 29. The principal Act is amended in section 11(2), by (a) deleting a full-stop appearing at the end of paragraph (d) and substituting for it a semi colon and the word “and”; and (b) adding immediately after paragraph (d) the following: “(e) to investigate all examination irregularities and malpractices and make recommendations to the Council.” Amendment of section 13 30. The principal Act is amended in section 13(1) by adding at the end of paragraph (c) the words “or assessment”. Amendment of section 16 31. The principal Act is amended in section 16 (a) in subsection (1), by deleting paragraph (a) and substituting for it the following: “(a) a statement of financial performance NAKALA MTANDAO (ONLINE DOCUMENT) No. 12 The Written Laws (Miscellaneous Amendments) (No. 5) Act 2019 18 during the financial year;” (b) in subsection (2), by deleting the words “Tanzania Audit Corporation” and substituting for them the words “Controller and Auditor General”. Addition of new Part IIIA 32. The principal Act is amended by adding immediately after Part III a new Part IIIA as follows: “PART IIIA OFFENCES AND PENALTIES Leaking and malicious destruction of examination paper 17A.-(1) A person who, having access to examination materials, shall not intentionally reveal the contents thereof, whether orally, in writing or electronically to any unauthorized person. (2) A person shall not disclose to any person any examination question or any information relating to the contents of any examination paper. (3) A person shall not damage or destroy examination material. (4) A person who, being an authorized officer, shall not negligently or carelessly discharge the functions set out under this Act so as to occassion leakage or malicious destruction of examination paper. Impersonation 17B. A person shall not (a) whether as a registered candidate or otherwise, sit for a particular examination of the NAKALA MTANDAO (ONLINE DOCUMENT) No. 12 The Written Laws (Miscellaneous Amendments) (No. 5) Act 2019 19 Council with intent to impersonate, offers or attempts to present himself to take the part of another registered candidate; (b) being a registered candidate for a particular Councils’ examination, knowingly allows another person to sit for that examination on his or her behalf; or (c) falsely use a certificate, testimonial, signature, photograph or document of another person with intent to impersonate that other person. Unlawful handling of booklets and possession of unauthorized materials or content 17C.-(1) A person shall not take out from an examination room, strong room, hall, office or any other identified or selected place, examination question paper, answer booklet or unauthorized examination material used or unused, in person or by the use of an agent. (2) A person shall not possess a written, recording or any other form of Communication condensed or summarised on any medium of communication device, including electronic communication device onto which information in regard to examinations in progress or to be conducted is written, recorded or communicated. NAKALA MTANDAO (ONLINE DOCUMENT) No. 12 The Written Laws (Miscellaneous Amendments) (No. 5) Act 2019 20 Prohibition of publication or disclosure of information to unauthorized person 17D.-(1) A person shall not, without the consent in writing given by or on behalf of the Council, publish or disclose to any person, otherwise than in the course of his duties, the contents of any document, or information under this Act. (2) A person shall not publish or communicate to any person information which to his knowledge has been published or disclosed in contravention of subsection (1). Presentation of forged certificate or diploma 17E. A person shall not present a forged certificate or diploma to a prospective employer or to any learning institution with intent to gain employment or admission. Aiding or abetting 17F. A person who aids or abets commission of any offence under this Act commits an offence. General penalty 17G.-(1) A person who contravenes or fails to comply with any provisions under this Part, Commits an offence and is liable, upon conviction, to a fine of not less than ten million shillings or to imprisonment for a term of not less than three years but not exceeding five years or to both. (2) Where a person who commits an offence is a candidate, the Council may, in addition to the penalty under NAKALA MTANDAO (ONLINE DOCUMENT) No. 12 The Written Laws (Miscellaneous Amendments) (No. 5) Act 2019 21 subsection (1), cancel the registration of such person as a candidate.”. Amendment of section 20 33. The principal Act is amended in section 20 by deleting the word “shall” and substituting for it the phrase “shall, subject to the provisions of this Act,”. Repeal and replacement of section 25 34. The principal Act is amended by repealing section 25 and replacing for it the following new section: “Regional and Local Government Examinations Committee 25.-(1) There shall be established in respect of each regional and local government authority, the Examinations Committee. (2) The Examinations Committee established under subsection (1) shall oversee the conduct of examinations at their respective Region or local government authority. (3) The Regional Examinations Committee shall consist of: (a) Regional Administrative Secretary, who shall be the Chairman in each of his respective area of jurisdiction; (b) Regional Education Officer, who shall be the Secretary of the examination committee in his respective area of jurisdiction; (c) Regional State Attorney; (d) Regional Police Commander; (e) Regional Security Officer; and NAKALA MTANDAO (ONLINE DOCUMENT) No. 12 The Written Laws (Miscellaneous Amendments) (No. 5) Act 2019 22 (f) Regional Academic Officer. (4) The Local Government Examination Committee shall consist of (a) the Executive Director of the local government authority, who shall be the Chairman; (b) Education Officer of the local government authority, who shall be the Secretary; (c) Officer Commanding District; (d) District Security Officer; (e) District Academic Officer; and (f) A State Attorney from the Office of the District Administrative Secretary.” Addition of section 26 35. The principal Act is amended by adding immediately after section 25 the following new section: “Oath of secrecy 26.-(1) The Council may require any person (a) dealing with moderation of examination items, printing of examination papers, supervision and invigilation of examinations, marking of candidate’s scripts; or (b) officially assigned to assist in marking exercise, to take and subscribe to an oath of secrecy. (2) Any person who, having subscribed to the oath, publishes, NAKALA MTANDAO (ONLINE DOCUMENT) No. 12 The Written Laws (Miscellaneous Amendments) (No. 5) Act 2019 23 discloses or communicates to any other person information that is privy of secrecy, commits an offence and is liable upon conviction, to imprisonment for a term of not less than twenty years.” Amendment of Schedule 36. The Schedule to the principal Act is amended (a) by deleting paragraphs 1, 2 and 3 and substituting for them the following new paragraphs: “Composition of Council 1.-(1) The Council shall consist of (a) a Chairman who shall be appointed by the President from amongst the Vice Chancellors of the accredited Public Universities established in Tanzania; (b) one member appointed by the Minister responsible for education in consultation with the Minister responsible for local government from among head teachers of secondary schools; (c) one member appointed by the Minister responsible for education in consultation with the Minister responsible for local government from among head teachers of primary schools; NAKALA MTANDAO (ONLINE DOCUMENT) No. 12 The Written Laws (Miscellaneous Amendments) (No. 5) Act 2019 24 (d) one member appointed by the Minister responsible for education representing private institutions, who has experience and qualifications in education matters; (e) one member from the Ministry responsible for regional administration and local government who has experience and qualifications in education matters; (f) three members from Tanzania Mainland appointed by the Minister responsible for education from amongst people who have experience in education assessment matters, finance, planning, community development, gender, children and social welfare; (g) three members from Tanzania Zanzibar appointed by the Minister responsible for education in consultation with the Minister responsible for education in the Revolutionary Government of Zanzibar, from among people vested with qualifications relevant for education NAKALA MTANDAO (ONLINE DOCUMENT) No. 12 The Written Laws (Miscellaneous Amendments) (No. 5) Act 2019 25 and assessment. (2) In appointing members of the Council under subparaghraph (1)(f) and (g), the Minister shall have due regard to representation of special groups. (3) The Council may co-opt not more than four persons to attend and provide expertise during the deliberation of the Council on such matters as the Council may determine but such persons shall not have the right to participate in the decision making of the Council. Tenure of office 2. The Chairman and members of the Council shall, unless the appointment is terminated by the Minister, or ceases in any other way to be a member, hold office for a period of four years and shall be eligible for reappointment for one further term. Cessation of membership 3.-(1) A member appointed by virtue of his office shall cease to be a member upon ceasing to hold the post that entitled his appointment to the Council. (2) A member of the Council shall cease to be a member upon advice by the Council to the Minister of the fact, and the appointing authority may terminate the appointment of the member and appoint another member in his place if: (a) he has been absent for three consecutive NAKALA MTANDAO (ONLINE DOCUMENT) No. 12 The Written Laws (Miscellaneous Amendments) (No. 5) Act 2019 26 meetings of the Council without reasonable cause; (b) he is convicted of a criminal offence and sentenced to imprisonment for a term exceeding six months or to a fine exceeding five hundred thousand Tanzanian shillings; (c) he is convicted of an offence involving dishonesty or fraud; (d) he is adjudged bankrupt or enters into a composition scheme or arrangement with his or her creditors; (e) he is incapacitated by physical or mental illness or is deemed otherwise unfit to discharge his duties as a member of the Council; or (f) he fails to comply with the provision of this Act relating to disclosure. (b) by renumbering paragraphs 6 to 12 as paragraphs 7 to 13 respectively. (c) in paragraph 8 as renumbered by deleting the words “meet not less than twice during” appearing in subparagraph (1) and substituting for it the words “ordinarily meet at least once in every three months.” NAKALA MTANDAO (ONLINE DOCUMENT) No. 12 The Written Laws (Miscellaneous Amendments) (No. 5) Act 2019 27 PART VI AMENDMENT OF THE NATIONAL SECURITY COUNCIL ACT, (CAP. 61) Construction Cap.61 37. This Part shall be read as one with the National Security Council Act, hereinafter referred to as the “principal Act”. Amendment of section 3 38. The principal Act is amended in section 3 in the definition of the term “defence and security organs” by inserting the words “Prevention and Combating of Corruption Bureau, Drugs Control and Enforcement Authority, Fire and Rescue Forces” between the words “Police Force” and “Tanzania Prisons”. Amendment of section 4 39. The principal Act is amended in section 4(2), by deleting paragraph (c) and (e) and sub stituting for them the following: “(c) the President of Zanzibar; (e) the Second Vice President of Zanzibar;”. Amendment of section 6 40. The principal Act is amended in section 6, by deleting paragraph (g) and substituting for it the following: “(g) one Assistant Co-ordinator from the Special Departments of the Government of Zanzibar.” Amendment of section 8 41. The principal Act is amended in section 8(2), by (a) deleting the word "and" appearing in paragraph (g); and (b) deleting paragraph (h) and substituting for it the following: "(h) the Regional Prisons Officer; (i) the Regional Special Departments from the Government of Zanzibar; (j) the Regional Bureau Chief; and (k) the Regional Fire and Rescue Officer.”. Amendment 42. The principal Act is amended in section 10(1), by NAKALA MTANDAO (ONLINE DOCUMENT) No. 12 The Written Laws (Miscellaneous Amendments) (No. 5) Act 2019 28 of section 10 deleting paragraph (h) and substituting for it the following: “(h) the District Prisons Officer; (i) the District Fire and Rescue Officer; (j) the District Special Departments from the Government of Zanzibar; and (k) the District Bureau Chief.”. PART VII AMENDMENT OF THE WEIGHTS AND MEASURES ACT, (CAP. 340) Construction Cap.340 43. This Part shall be read as one with the Weights and Measures Act, hereinafter referred to as the “principal Act”. Amend-ment of section 2 44. The principal Act is amended in section 2 (a) by deleting the definition of the terms “container” and “verification” and substituting for them the following “container” means any form of packaging of goods for sale as a single item, whether by enclosing the goods wholly or partly; “verification” means examination, testing, rejecting or condemning or passing as fit for use for trade and stamping any measuring instrument or measuring system;” (b) in the definition of the term “error” by deleting the word “includes” and substituting for them the words “may include”; (c) in the definition of the term “stamping” by inserting the words “putting a sticker and sealing” between the words “includes” and “casting”; (d) in the definition of the term “pre-packed goods” by deleting the word “retail”; (e) inserting in their appropriate alphabetical order the following new definitions NAKALA MTANDAO (ONLINE DOCUMENT) No. 12 The Written Laws (Miscellaneous Amendments) (No. 5) Act 2019 29 ““measuring instrument” means any device intended to be used to make measurements, along or in conjunction with supplementary device; “measuring system" means a set of one or more measuring instrument and other devices including any reagent and supply assembled and adapted to give information used to generate measured quantity values within specified intervals for quantities of specified kind;” Amendment of section 7 45. The principal Act is amended in section 7 by deleting the word “wardens” appearing in paragraphs (a) and (b) and subsitituting for it the word “inspectors”. Amendment of section 10 46. The principal Act is amended in section 10(1) by deleting the words “assizing or reassizing” and substituting for them the words “verification or re-verification”. Amendment of section 11 47. The principal Act is amended in section 11, by (a) in subsection (1) by inserting the word “Fifth” immediately after the word “Fourth”; and (b) in subsection (2) by inserting the word “Fifth” immediately after the word “Fourth”. Amendment of section 14 48. The principal Act is amended in section 14, by (a) deleting the marginal note and substituting for it the following: “appointment of commissioners, assistant commissioners and inspectors”; and (b) adding immediately after subsection (2) the following new subsections: “(3) The Minister may, for the purpose of carrying out verification under this Act, and upon recommendation by the Commissioner, appoint private inspectors on such terms and conditions as he deems fit. (4) The Minister shall, by notice published in the Gazette, declare the names NAKALA MTANDAO (ONLINE DOCUMENT) No. 12 The Written Laws (Miscellaneous Amendments) (No. 5) Act 2019 30 of inspectors and private inspectors appointed under this section.” Amendment of section 19 49. The principal Act is amended in section 19 by deleting subsection (1) and substituting for it the following “(1) At least once in every twelve months in respect of an area of jurisdiction, an inspector shall, for the purpose of verifying measuring instrument or measuring system and in a manner prescribed by the Minister, specify the date, time and place and require a person who has in his possession any weight, measure, weighing or measuring instrument or measuring system which is used or intended to be used in trade, to produce it at such time and place within the area as he may appoint.” Amendment of section 23 50. The principal Act is amended in section 23, by (a) inserting immediately after paragraph (a) of the proviso the following: “(b) condemn it, upon approval by the Commissioner;”; and (b) renaming paragraphs (b) and (c) as paragraphs (c) and (d) repectively. Amendment of section 26 51. The principal Act is amended in section 26, by (a) deleting subsection (1) and substituting for it the following: “(1) Subjet to the provisions of section 27, no person shall sell or offer, import, pack, deliver, expose or possess, keep on trade premises, carry or, in any manner, advertise for sale any of the goods otherwise than in accordance with the weight or measure and in the denomination specified under this Act.”; and (b) in subsection (2), by deleting the word “in 10th, 11th and 12th Schedule to” and substituting for them the word “under”. NAKALA MTANDAO (ONLINE DOCUMENT) No. 12 The Written Laws (Miscellaneous Amendments) (No. 5) Act 2019 31 Repeal and replacement of section 33 52. The principal Act is amended by repealing section 33 and replacing for it the following “Offence in connection with inspectors 33. A person who is not an inspector and acts as or purports to be an inspector, commits an offence.” Amendment of section 54 53. The principal Act is amended in section 54(1) (a) in paragraph (q), by inserting the words “manufacturing, importation” imediately before the word “ repairing” appearing in the second line; and (b) by deleting paragraph (x) and substituting for it the following: “(x) procedure and various forms to be used in carrying out forfeiture of goods, measuring instruments and measuring systems.” PART VIII AMENDMENT OF THE WILDLIFE CONSERVATION ACT, (CAP. 283) Construction Cap.283 54. This Part shall be read as one with the Wildlife Conservation Act, hereinafter referred to as the “principal Act”. Amendment of section 38 55. The principal Act is amended in section 38, by (a) deleting subsection (8) and substituting for it the following: “(8) For the purpose of this section, there shall be three categories of hunting blocks, namely: (a) category I blocks, the tenure of which shall be ten years; (b) category II blocks, the tenure of which shall be ten years; and (c) category III blocks, the tenure of which shall be fifteen years. (8A) Except for at least three months NAKALA MTANDAO (ONLINE DOCUMENT) No. 12 The Written Laws (Miscellaneous Amendments) (No. 5) Act 2019 32 prior written notice made to the Minister, no company allocated a hunting block shall vacate, surrender, return or abandon the hunting block before the expiry of its tenure.” (b) by deleting subsection (9) and substituting for it the following: “(9) The Minister shall on the fifth year of the tenure of ownership of a hunting block, determine the continuity of the tenure. (c) by adding immediately after subsection (9) as amended the following new subsection: “(9A) The Minister’s decision under subsection (9) shall be based on: (a) the annual performance assessment and the evaluation of the hunting block utilization; and (b) the full performance of the company allocated a hunting block to be carried out in the fourth year of the tenure, which shall take into account the annual assessment and the evaluation criteria prescribed in the Regulations.” (d) deleting subsection (10) and substituting for the following: “(10) Subject to subsection (8), the Minister shall make regulations prescribing for criteria for categorization, size and quality of each category of hunting block.” (e) by deleting subsection (11) and substituting for it the following: “(11) The Minister may, in allocating hunting blocks, use auction, tendering or any other modality or system of allocation which is transparent and is inline with principles of good governance.” NAKALA MTANDAO (ONLINE DOCUMENT) No. 12 The Written Laws (Miscellaneous Amendments) (No. 5) Act 2019 33 Amendment of section 39 56. The principal Act is amended in section 39 (a) in subsection (3) by (i) deleting the words “twenty five” appearing in paragraph (a) and substituting for it the word “ten”; (ii) deleting paragraph (b) and substituting for it the following: “(b) the percentage of hunting blocks set aside specifically for application by Tanzanian owned companies shall, at any particular time, be not less than thirty percent of the total number of hunting blocks: Provided that, no regulation shall restrict a Tanzanian owned company from applying for any hunting block set aside for application by foreign owned companies.” (b) by adding immediately after subsection (3) the following: “(3A) For the purpose of this section “Tanzanian owned company” means a company incorporated or registered in accordance with the laws of Tanzania and whose majority shares are owned by Tanzanian citizens.” Passed by the National Assembly on the 6th September, 2019. ……………………… Clerk of the National Assembly STEPHEN KAGAIGAI NAKALA MTANDAO (ONLINE DOCUMENT)