Written Laws (Miscellaneous Amendments) Act, 2009 (No. 3 of 2009)

THE WRITTEN LAWS (MISCELLANEOUS AMENDMENTS) ACT, 2009 PART I PRELIMINARYPROVISIONS 1. Short title. 2. Amendment of certain Written Laws. PART II AMENDMENT OF THE ADMINISTRATOR-GENERAL (POWERS AND FUNCTIONS) ACT, CAP. 27 3. Construction. 4. Repeal of section 11. 5. Repeal of section 12. 6. Repeal of section 13. 7. Repeal of section 15. 8. Repeal of section 16. 9. Amendment of section 52. PART III AMENDMENT OF THE BIRTHS AND DEATH REGISTRATIONACT, CAP. 108 10. Construction. 11. Amendment of section 6. 12. Amendment of section 7. 13. Amendment of section 11. 14. Amendment of section 13. 15. Amendment of section 17. 16. Repeal of section 26. 17. Repeal of section 27. 18. Repeal of section 28. THE WRITTEN LAWS (MISCELLANEOUS AMENDMENTS) ACT,2009 ARRANGEMENT OF SECTIONS PART I PRELIMINARY PROVISIONS Section ntle 1. Short title. 2. Amendment of certain Written Laws. PART II AMENDMENT OF THE ADMINISTRATOR-GENERAL (POWERS AND FUNCTIONS) AcT,CAP. 27 3. Construction. 4. Repeal of section 11. 5. Repeal of section 12. 6. Repeal of section 13. 7. Repeal of section 15. 8. Repeal of section 16. 9. Amendment of section 52. PARTIII AMENDMENT OF THE BIRTHS AND DEATH REGISTRATION ACT, CAP. 108 l 0. Construction. 11. Amendment of section 6. 12. Amendment of section 7. 13. Amendment of section 11. 14. Amendment of section 13. 15. Amendment of section 17. 16. Repeal of section 26. 17. Repeal of section 27. 18. Repeal of section 28. PART IV AMENDMENTOFTHELAWSCHOOLOFTANZANIAACT, 2007 19. Construction. 20. Amendment of section 15. PART V AMENDMENTOFTHEPUBLICSERVICEACT, CAP. 298 21. Construction. 22. Amendment of section 3. 23. Amendment of section 5. PART VI AMENDMENTOFTHENATIONALHEALTHINSURANCEFUNDACT, CAP. 395 24. Construction. 25. Amendment of section 2. 26. Amendment of section 3. 27. Amendment of section 11. 28. Repeal of section 12. 29. Amendment of section 14A. 30. Amendment of section 45. 31. Amendment of seciton 52. PART VII AMENDMENTOFTHENATIONALPROSECUTIONSERVICEACT, 2008 32. Construction. 33. Amendment of section 22. PART VIII AMENDMENTOFTHEWITCHCRAFTACT, CAP. 18 34. Construction. 35. Amendment of section 5. 2 No. 3 Written Laws (Miscellaneous Amendments) 2009 PART IV AMENDMENT OF THE LAW SCHOOL OFT ANZANIA ACT, 2007 19. Construction. 20. Amendment of section 15. PARTY AMENDMENT OF THE PUBLIC SERVICE Acr, CAP. 298 21. Construction. 22. Amendment of section 3. 23. Amendment of section 5. PART VI AMENDMENT OF THE NATIONAL HEALTH INSURANCE FUND ACT, CAP. 395 24. Construction. 25. Amendment of section 2. 26. Amendment of section 3. 27. Amendment of section 11. 28. Repeal of section 12. 29. Amendment of section 14A. 30. Amendment of section 45. 31. Amendment of seciton 52. PART VII AMENDMENT OF THE NATIONAL PROSECUTION SERVICE ACT, 2008 32. Construction. 33. Amendment of section 22. PART VIII AMENDMENT OF THE WITCHCRAFT Acr, CAP. 18 34. Construction. 35. Amendment of section 5. PART IX AMENDMENT OF THE PENAL CODE, CAP. 16 36. Construction. 37. Amendment of section 162. PART X AMENDMENT OF THE THE ECONOMIC AND ORGANISED CRIMES CONTROL ACT, CAP. 200 38. Construction. 39. Amendment of the First Schedule. PART XI AMENDMENT OF THE TRANSPORT LICENSING ACT CAP. 319 40. Construction. 41. Amendment of section 3. 42. Amendment of section 17. PART XII AMENDMENT OF LAND ACT, CAP. 113 43. Construction. 44. Amendment of section 23. 45. Amendment of section 30. No.3 Written Laws (Miscellaneous Amendments) PART IX AMENDMENT OF THE PENAL CODE, CAP. 16 36. Construction. 37. Amendment of section 162. PARTX AMENDMENT OF THE THE ECONOMIC AND ORGANISED CRIMES CONTROL ACT, CAP. 200 38. Construction. 39. Amendment of the First Schedule. PART XI AMENDMENT OF THE TRANSPORT LICENSING ACT CAP. 319 40. Construction. 41. Amendment of section 3. 42. Amendment of section 17. PART XII AMENDMENT OF LAND ACT, CAP. 113 43. Construction. 44. Amendment of section 23. 45. Amendment of section 30. 2009 3 Written Laws (Miscellaneous A.mendments) ,," NO. 3 OF2009~ PART I PRELIMINARY PROVISIONS 1. This Act may be cited as the Written Laws (Miscellaneous Amendments) Act. 2008. 2. The written laws specified in various Parts of this Act are amended in a manner provided for in their respective Parts. PART II AMENDMENT OF THE ADMINISTRATOR-GENERAL (POWERS AND FUNCTIONS) ACT. CAP. 27) 3. This Part shall be read as one with the Administrator-General (Powers and Functions) Act. hereinafter referred to as the "principal Act". 4. Section 11 of the principal Act is repealed. Amend ment of certain written laws Constru ction Cap.27 No.3 Written Laws (Miscellaneous Amendments) THE UNITED REPUBLIC OF TANZANIA "" NO. 3 OF2009 ~ An Act to amend certain Written Laws. ENACTED by Parliament of the United Republic of Tanzania. PART I PRELIMINARY PROVISIONS I. This Act may be cited as the Written Laws (Miscellaneous Amendments) Act. 2008. 2. The written laws specified in various Parts of this Act are amended in a manner provided for in their respective Parts. PART II AMENDMENT OF THE ADMINISTRATOR-GENERAL (POWERS AND FUNCTIONS) ACT, CAP. 27) 3. This Part shall be read as one with the Administrator-General (Powers and Functions) Act. hereinafter referred to as the "principal Act". 4. Section 11 of the principal Act is repealed. 2009 S Short title Amend­ ment of certain written laws Constru­ ction Cap.27 6. S7Cti~ 13~fh£y~jncipal Act is repealed. I: -, ,. , " 74 S~ction'I5 of the pri~cipal Act is repealed. "" ~ /, / r - 9. The principal Act is amended in section 52(1) by deleting the phrase "ten thousand" appearing between the phrase "does not" and the word "shillings" and substituting for them the words "ten million". PART III AMENDMENT OF THE BIRTHS AND DEATHS REGISTRATION ACT, CAP. 108 10. This Part shall be read as one with the Births and Deaths Registration Act, hereinafter referred to as the "principal Act." 11. The principal Act is amended in Section 6 by deleting the designation "Minister" appearing in the first line and substituting for it the designation "Registrar General". 12. The principal Act is amended in section 7by deleting the designation "Minis" appearing in the first line and substituting for it the designation "Registrar General." 13. The principal Act is amended in section II by deleting the phrase "the registration of whose birth is compulsory". 14. The principal Act is amended in section 13 by deleting the phrase "the registration of whose birth is compulsory". Repeal of section I I Repeal of section 12 Repeal of section 13 Repeal of section 15 Repeal of section 16 Amend ment of section 52 Constru ction Cap. 108 Amend ment of section 6 Amend ment of Section 7 Amend ment of section II Amend ment of section 13 6 No.3 Written Laws (Miscellaneous -Amendments) 4. Section 11 of the principal Act is repealed. 5. Section 12 of the principal Act is repealed. 6. Syeti~ 13~th£J)~incipal Act is repealed. I: - ' , . ' ·, 7 4 S~ction· 15 of the pri~cipal Act is repealed. " ;--. ,,,. ./ 8. Section 16 of the principal Act is repealed. "' - 9. The principal Act is amended in section 52(1) by deleting the phrase "ten thousand" appearing between the phrase "does not" and the word "shillings" and substituting for them the words "ten million". PART III AMENDMENT OF THE BIRTHS AND DEATHS REGISTRATION ACT, CAP. 108 10. This Part shall be read as one with the Births and Deaths Registration Act, hereinafter referred to as the "principal Act." 11. The principal Act is amended in Section 6 by deleting the designation "Minister" appearing in the first line and substituting for it the designation "Registrar General". 12. The principal Act is amended in section 7 by deleting the designation "Minis" appearing in the first line and substituting for it the designation "Registrar General." 13. The principal Act is amended in section 11 by deleting the phrase "the registration of whose birth is compulsory". 14. The principal Act is amended in section 13 by deleting the phrase "the registration of whose birth is compulsory". 2009 Repeal of section 11 Repeal of section 12 Repeal of section 13 Repeal of section I 5 Repeal of section I 6 Amend­ ment of section 52 Constru­ ction Cap. 108 Amend­ ment of section 6 Amend­ ment of Section 7 Amend­ ment of section I I Amend­ ment of section 13 Amend ment of section 17 Repeal of section 26 "Compul sory registration of birth and death Repeal of section 27 Repeal of section 28 Constru ction Act No.5 of 2007 Amend ment of section 15 15. The principal Act is amended in section 17 by deleting the phrase "the registration of whose death is compulsory". 16. The principal Act is amended by repealing section 26 and substituting for it the following new section: 19. This Part shall be read as one with the Law School of Tanzania Act, hereinafter referred to as the "principal Act". 20, The principal Act is amended in section 15( 1) by: (a) deleting paragraph (b) and substituting for it the following paragraph: "(b) the Registrar of the Court of Appeal", (b) adding immediately after paragraph (t) the following paragraph: "(g) one member representing students", No.3 Amend­ ment of section 17 Repeal of section 26 "Compul­ sory registration of birth and death Repeal of section 27 Repeal of section 28 Constru­ ction Act No.5 of 2007 Amend­ ment of section 15 Written Laws (Miscellaneous Amendments) 2009 7 15. The principal Act is amended in section 17 by deleting the phrase "the registration of whose death is compulsory". 16. The principal Act is amended by repealing section 26 and substituting for it the following new section: 26. The registration of birth and death shall be compulsory." 17. Section 27 of the principal Act is repealed. 18. Section 28 of the principal Act is repealed. PART IV AMENDMENT OF THE LAW SCHOOL OFT ANZANIA ACT, 2007 19. This Part shall be read as one with the Law School of Tanzania Act, hereinafter referred to as the "principal Act". 20. The principal Act is amended in section 15( 1) by: (a) deleting paragraph (b) and substituting for it the following paragraph: "(b) the Registrar of the Court of Appeal". (b) adding immediately after paragraph ( t) the following paragraph: "(g) one member representing students". Written Laws (Miscellaneous Amendments) PART V AMENDMENT OF THE PUBLIC SERVICE ACT, CAP. 298 21. This Part shall be read as one with the Public Service Act, hereinafter referred to as the "principal Act". 22. The principal Act is amended in section 3 by deleting the phrase "the Deputy Attorney General and" appearing in the definition of "Permanent Secretary" 23. The principal Act is amended in section 5 by (a) deleting item (ii) of paragraph (a); and (b) renumbering item (iii) of paragraph (a) as item (ii); PART VI AMENDMENT OF THE NATIONAL HEALTH INSURANCE FUND ACT, CAP. 395 24. This part shall be read as one with the National Health Insurance Fund Act, hereinafter referred to as the "principal Act". 25. The principal Act is amended in section 2 by (a) deleting the opening words of subsection (l) and substituting for them the following words: "(I) This Act shall apply to all public servants, Councilors, retirees who were previous members and any other category or group of persons other than the following categories:" (b) inserting after the words "public servant" which appears in subsection (2) the phrase "person or group of persons". 26. The principal Act is amended in section 3 by inserting at an appropriate alphabetical order the following definition: "Councillors" as used in this Act means Councillors of the local government authorities other than Members of Parliament;" Constru ction Cap.298 Amend ment of section 3 Amend ment of section 5 Constru ction Cap.395 Amend ment of sections 2 Amend ment of section 3 8 No,3 Written Laws (Miscellaneous Amendments) PARTV AMENDMENT OF THE PuBLIC SERVICE ACT, CAP. 298 21. This Part shall be read as one with the Public Service Act, hereinafter referred to as the "principal Act". 22. The principal Act is amended in section 3 by deleting the phrase "the Deputy Attorney General and" appearing in the definition of "Permanent Secretary" 23. The principal Act is amended in section 5 by­ ( a) ddeting item (ii) of paragraph (a); and (b) renumbering item (iii) of paragraph (a) as item (ii); PART VI AMENDMENT OF THE NATIONAL HEALTH INSURANCE FUND ACT, CAP. 395 24. This part shall be read as one with the National Health Insurance Fund Act, hereinafter referred to as the "principal Act". 25. The principal Act is amended in section 2 by (a) deleting the opening words of subsection (1) and substituting for them the following words: "( 1) This Act shall apply to all public servants, Councilors, retirees who were previous members and any other category or group of persons other than the following categories:" (b) inserting after the words "public servant" which appears in subsection (2) the phrase "person or group of persons". 26. The principal Act is amended in section 3 by inserting at an appropriate alphabetical order the following definition: "Councillors" as used in this Act means Councillors of the local government authorities other than Members of Parliament;" 2009 Constru­ ction Cap.298 Amend­ ment of section 3 Amend­ ment of section 5 Constru­ ction Cap.395 Amend­ ment of sections 2 Amend­ ment of section 3 Amend . ment of section II Repeal of section 12 Amend ment of section 22 Amend ment of section 45 Repeal of section 52 Constru ction Act No. I of 2008 Written Laws (Miscellaneous Amendments) " 27. The principal Act is amended in section 11(1) by substituting a full-stop that appears at the end of paragraph (c) with a semi-colon and adding after that paragraph the following paragraphs: "(d) retiree who were previously members ofthe Fund; and (e) Councilors during the time when any of such councilors is in office. 29. The principal Act is amended by repealing section 14A and substituting for it the following: 14A. Membership shall cease if employment of a member is detennined by death."of membership (a) deleting the words "compounded interest" appearing in subsection (1); and (b) inserting proviso to subsection (1) as follows: "Provided that the Fund may, if it thinks, waive in whole or in part any penalty imposed pursuant to this section." PART VII AMENDMENT OF THE NATIONAL PROSECUTION SERVICE ACT, 2008 32. This Part shall be read as one with the National Prosecution Services Act, 2008, hereinafter referred to as the "principal Act." No.3 Amend . ment of section 11 Repeal of section 12 Amend­ ment of section 22 Amend­ ment of section 4S Repeal of section 52 Constru­ ction Act No. I of 2008 Written Laws (Miscellaneous Amendments) 2009 9 , 27. The principal Act is amended in section 11(1) by substituting a full-stop that appears at the end of paragraph ( c) with a semi-colon and adding after that paragraph the following paragraphs: "(d) retiree who were previously members of the Fund; and ( e) Councilors during the time when any of such councilors is in office. 28. Section 12 of the principal Act is repealed. 29. The principal Act is amended by repealing section 14A and substituting for itthe following: "Cessation of membership 14A. Membership shall cease if employment of a member is determined by death." 30. The principal Act is amended in section 45 by (a) deleting the words ·'compounded interest" appearing in subsection (I); and (b) inserting proviso to subsection (I) as follows: "Provided that the Fund may, if it thinks, waive in whole or in part any penalty imposed pursuant to this section." 31. Section 52 of the principal Act is repealed. PART VII AMENDMENT OF THE NATIONAL PROSECUTION SERVICE ACT, 2008 32. This Part shall be read as one with the National Prosecution Services Act, 2008, hereinafter referred to as the "principal Act." 33. Section 22 of the principal Act is amended in subsection (I) by inserting the phrase "by notice in the Gazette" between the words "may" and "appoint." PART VIII AMENDMENT OF THE WITCHCRAFT ACT, CAP. 18 34. This Part shall be read as one with the Witchcraft Act, hereinafter referred to as the "principal Act". 35. Section 5 of the principal Act is amended in subsection (2) by deleting subsection (3). PART IX AMENDMENT OF THE PENAL CODE, CAP. 16 36. Part shall be read as one with the Penal Code, hereinafter referred. to as the "principal Act". PART X AMENDMENT OF THE ECONOMIC AND ORGANISED CRIMES CONTROL ACT, CAP. 200 38. This Part shall be read as one with the Economic and Organized Crimes Control Act, hereinafter referred to as the "principal Act". 39. The First Schedule to the principal Act is amended by deleting paragraphs 1 and 2. Amend ment of of section 22 Constru ction Cap.18 Amend ment of section 5 Constru ction Cap.16 Amend ment of section 162 Constru ction Cap.200 Amend ment of the First Schedule 10 No.3 Written Laws (Miscellaneous Amendments) 33. Section 22 of the principal Act is amended in subsection (I) by inserting the phrase "by notice in the Gazette" between the words "may" and "appoint." PART VIII AMENDMENT OF THE WITCHCRAFT ACT, CAP. 18 34. This Part shall be read as one with the Witchcraft Act, hereinafter referred to as the "principal Act". 35. Section 5 of the principal Act is amended in subsection (2) by deleting subsection (3). PART IX AMENDMENT OF THE PENAL CODE, CAP. 16 36. Part shall be read as one with the Penal Code, hereinafter referred. to as the "principal Act". 37. Section 162 of the principal Act is hereby repealed. PARTX AMENDMENT OF THE ECONOMIC AND ORGANISED CRIMES CONTROL ACT, CAP.200 38. This Part shall be read as one with the Economic and Organized Crimes Control Act, hereinafter referred to as the "principal Act". 39. The First Schedule to the principal Act is amended by deleting paragraphs 1 and 2. 1009 Amend­ ment of of section 22 Constru­ ction Cap.IS Amend­ ment of section 5 Constru­ ction Cap.16 Amend­ ment of section 162 Constru ction Cap.200 Amend ment of the First Schedule I Amend ment of section 3 Amend ment of section 3 Amend ment of section 17 Construc tion Cap. 113 Amend ment of Section 23 Amend ment of Section 30 PART XI AMENDMENT OF THE TRANSPORT LICENSING ACT, CAP. 317 40. This Part shall be read as one with the Transport Licensing Act hereinafter referred to as the "principal Act". 41. The principal Act is amended in section 3 by inserting at the end of the definition of the term "motor vehicle" the phrase "and includes motorcycle and tri-cycle." (a) deleting the word "and" which appears at the end of the paragraph (a); (b) substituting for a full-stop which appears at the end of paragraph (b), with a semi-colon; and (c) adding the following paragraph after paragraph (b): "(c) may, in the case of application for use of a motor cycle or tricyle as public service vehicle, issue general or specific conditions for use of such motor cycle or tricycle for hire or reward and for issuance of policy of insurance." PART XII AMENDMENT OF THE LAND ACT, CAP. 113 43. This Part shall be read as one with the Land Act hereinafter referred to as the "principal Act." 44. The principal Act is amended in section section 23 by deleting word "two years" appearing in paragraph (b) of subsection (5) and substituting for it the word "five years." 45. The principal Act is amended by adding after section 30 of following new provisions: No.3 Amend­ ment of section 3 Amend­ ment of section 3 Amend­ ment of section 17 Written Laws (Miscellaneous Amendments) 2009 11 PART XI AMENDMENT OF THE TRANSPORT LICENSING ACT, CAP. 317 40. This Part shall be read as one with the Transport Licensing Act hereinafter referred to as the "principal Act". 41. The principal Act is amended in section 3 by inserting at the end of the definition of the term "motor vehicle" the phrase "and includes motorcycle and tri-cycle." 42. The principal Act is amended in section 17 by (a) deleting the word "and" which appears at the end of the paragraph (a); (b) substituting for a full-stop which appears at the end of paragraph (b), with a semi-colon; and ( c) adding the following paragraph after paragraph (b ): "( c) may, in the case of application for use of a motor cycle or tricyle as public service vehicle, issue general or specific conditions for use of such motor cycle or tricycle for hire or reward and for issuance of policy of insurance." PART XII AMENDMENT OF THE LAND ACT, CAP. 113 Construe- 43. This Part shall be read as one with the Land Act hereinafter tion referred to as the "principal Act." Cap. 113 Amend- 44. The principal Act is amended in section section 23 by deleting ment of word "two years" appearing in paragraph (b) of subsection (5) and Section 23 substituting for it the word "five years." Amend- 45. The principal Act is amended by adding after section 30 of ment of following new provisions: Section 30 Written Laws (Miscellaneous Amendments) "Saving 30A. Notwithstanding the amendment and repeal of sections 26, provisions 27, and 28 an offer of a right of occupancy issued before the 1st December, 2008 shall continue to be valid for all purposes and shall have the force of law applicable to it as if section 26, 27, and 28 had not amended or repealed as the case may be." ............:!....~ .. Dr. Thomas D. Kashililah Clerk of the National Assembly 12 No.3 Written laws (Miscellaneous Amendments) 2009 "Saving 30A. Notwithstanding the amendment and repeal of sections 26, provisions 27, and 28 an offer of a right of occupancy issued before the l st December, 2008 shall continue to be valid for all purposes and shall have the force of law applicable to it as if section 26, 27, and 28 had not amended or repealed as the case may be." Passed in the National Assembly on the 29th January, 2009. Dr. Thomas D. Kashililah Clerk of the National Assembly