Written Laws (Miscellaneous Amendments)(No.2) Act, 2009 (No. 17 of 2009)

1. Short title.

2. Amendments of certain laws. PART II PART AMENDMENT OF THE LOCAL AMENDMENT LOCAL GOVERNMENT GOVERNMENT (DISTRICT AUTHORITIES) (DISTRICT AUTHORITIES) ACT ACT 3 Construction.

4. Amendment of section 30. 5.

5. Amendment of section 56. 6.

6. Amendment of section 57. 7.

7. Amendment of section 146. 146. 8.

8. Addition of section 201 201A. PART III PART AMENDMENT OF THE LOCAL AMENDMENT LOCAL GOVERNMENT GoVERNMENT (URBAN AUTHORITIES) (URBAN AUTHORITIES) ACT ACT 9.

9. Construction. Construction. 10.

10. Amendment of section 16.16. 11.

11. Amendment of section 17.17. 12.

12. Amendment of section 18.18.

13. Amendment of section 19. 13. 19. 14.

14. Addition of section 87A. 2 No.2 Written Laws (Miscellaneous Amendment) 2009 PART IV PART EXCLUSIVE TERRITORIAL SEA AND EXCLUSIVE AMENDMENT OF THE TERRITORIAL AMENDMENT ACT ZONE ACT ECONOMIC ZONE ECONOMIC 15. Construction

15. Construction

16. Amendment of

16. Amendment section 3. of section 17. section 5. Amendment of section

17. Amendment

18. Amendment of

18. Amendment section 14. of section 19. section 18. Amendment of section

19. Amendment No.2 Written Laws(Miscellane ous Amendment) (No.2) 2009 3 THE UNITED REPUBLIC OF TANZANIA , Presidint .~~.~~c ...~,~~~~ ..... .... An Act to amend certain written laws. ENACTED by Parliament of the United Republic of Tanzania. PART I PRELIMINARY PRovISIONS PRELIMINARY PROVISIONS Short Short 1.

1. This This Act may be cited as the Written Written Laws title title (Miscellaneous (Miscellaneous Amendments) Amendments) (No.2) Act, 2009. Amend- Amend- 2. The

2. The Written Written Laws Laws specified in various Parts of this Act ment of mentof are amended are amended in in the the manner manner provided for in their respective Parts. certain certain written written laws laws 4 No.2 Written Laws (Miscellaneous Amendment) (No.2) 2009 PARTllII AMENDMENT OF THE AMENDMENT 1HE LocAL LocAL GoVERNMENT 0oVERNMENT (DISTRICT AUTHORITffis) (DISTRICT AUTHORITIES) Acr ACT Construe- Construc- 3. This Part shall be read as one with the Local tion tion Oo~~ (District Authorities) Act, hereinafter referred to as ,,Qove~ 2 1prillC!ipaf~t". tlie--.JpriDfiPaf~t". Cap.2~~ Cap. · 1 tlie"" .~-/ ~~ -~ · II .• •- .. _. -0.-~ Amend- Amend- -"4. ~e · · -"4. / ·-.. 1'he p~ipal p~ipal Act is amended in section 30 by deleting _ment of ment of s·ub&~tion s'ubS~tion (4.)(4_) and s~stituting for it the following new subsection: s~stituting Section 30 Section ~ .- · "(4) ~very ~very Kitongoji shall have a Chairman who ,,~"-~ "-- ,,,. "'- "~elect~ ~elect~ by all adult members of the Kitongoji in --- --ftCcordance --tlCcordance with the Regulations made by the Minister." Amend- Amend- The_principal Act is amended in section 56 by repealing - S. The_ ment mentofof following: it and substituting it for the following: section)€; section,;i6 "Village "Village 56.-(1) There shall be established a Council Council village Council in each village which shall be composed of not more than twenty five members elected from amongst residents of all follows: Vitongoji in the Village as follows: (a) Chairman to be elected by all residents within the village; (b) the Chairman of all the Vitongoji within the Village; (c) such other Members to be elected m in accordance with Regulations made by the Minister, provided that not less than one third of the total number of all the Members of the Village Council shall be women; women; (2) The Village Executive Officer shall be the Secretary to the Village Council. (3) The election of the Chairman and the Village Council shall be according to such Regulations as may be made by the Minister." No.2 Written Laws (Miscellaneous Amendment) (No.2) 2009 5 Amend- Amend- 6.-(1) The principal Act is amendment in section 57 by

6.-(1) mentofof ment following: repealing it and substituting for it the following: section 57 section "Procedure "Procedure 57-(1) As soon as practicable after the conduct for conduct of elections elections registration of a Village, the election authority in the district where the village is situated shall issue a notice to the general public and set a date for election for the purpose of conducting election in accordance with Regulations made by the Minister. Minister. (2) The election summoned and conducted under subsection (1) shall be conducted in all Vitongoji within the village in accordance with the regulations made by the Minister. (3) Upon expiry of five years from date when the election was conducted, the executive director in the district which the village is situated or any person appointed by the director to be the assistant returning officer shall in a manner prescribed by the Minister in the Regulations, issue public notice with the intention to conduct election." Amend- Amend- 7. The principal Act is amended m ill section 146 by mentofof ment repealing it and substituting the following: following: section section 146 "Role of "Role of 146.-(1) A village assembly shall be the supreme the the village village authority on all matter of general policy-making in assembly assembly relation to the affairs of the village, except election on matters matters related matters which shall be dealt with in accordance related to related with regulations made by the Minister. elections elections (2) Removal of any member or all members of the village council shall be done accordance to the Regulations made by the Minister. (3) For better performance of all functions or any other matter in the village, other than elections, the village assembly shall perform such functions or any other matter in accordance with the provisions of this Act or any other written laws. 6 No.2 Written Laws (Miscellaneous Amendment) (No.2) 2009 Addition Addition amended by adding after section is amended Act is principal Act The principal

8. The 8. ofsection of section new subsection: following new the following 201 the 201 subsection: 201A 201A "Regula- "Regula- 201A.-(1) The Minister may make

201A.-(l) tions tions Regulations for better carrying of Regulations the provisions and purposes provisions of this Act. (2) Without prejudice to the Minister shall generality of subsection ( 1), the Minister generality procedure make Regulations prescribing the procedure for the election of- of Members of (a) the Chairman and Members the Village Council; and Kitongoji." the Kitongoji." of the (b) the Chairman of PART ill ill AMENDMENT OF THE AMENDMENT TI-IE LoCAL LoCAL GoVERNMENT GoVERNMENT (URBAN AUTIIORITIES) (URBAN ACT AUTI-IORITIES) Acr Constru- Constru- Local the Local with the one with as one read as

9. This Part shall be read ction ction after referred to the as the herein after referred to as Government (Urban Authorities) Act, herein Cap.288 Cap.288 "principal Act". Amend- Amend- 10. The principal Act is amended in deleting by deleting 16 by section 16 in section mentofof ment subsection (4) and substituting for itit the subsection: new subsection: following new the following section 16 section 16 "(4) "(4) Every Every Mtaa Mtaa or have aa shall have Village shall or Village Chairman whowho shall shall be be elected elected by adult all adult by all members ofof the the Mtaa Mtaa oror Village Village in accordance toto in accordance the Regulations made made by by the the Minister." Minister." Amend- Amend- 11. The The principal principal Act Act is is amended amended in in section section 17 17bybydeleting deleting mentofof the phrase may be be ment section 17 17 phrase "in "in accordance accordance with with such such procedures procedures as as may section prescribed prescribed by by the the Minister" Minister" appearing appearing inin subsection subsection(1). (1). Amend- Amend- 12. The The principal principal Act Act isis amended amendedin in section section 18 18by bydeleting deleting mentofof subsection ment section subsection (2) (2) and and substituting substituting for for ititthe thefollowing followingnewnewsubsection: subsection: section 18 18 No.2 Written Laws (Miscellaneous Amendment) (No.2) 2009 7 who shall Chairman who have aa Chairman shall have Kitongoji shall EveryKitongoji "(2) Every "(2) be shall be adultmembers alladult byall electedby elected of the Kitongoji." members of the Kitongoji." Amend- Amend- 19 by: section 19 in section amended in Actisisamended principalAct Theprincipal

13. The 13. by: mentof ment of section1919 section (a) (a) (a)(b)(c) and (d) of subsection paragraphs (a)(b)(c) repealing paragraphs repealing (2) and (2) substituting for and substituting for them the following paragraphs: paragraphs: "" (a) (a) the Chairman to be elected in the Chairman in accordance accordance with the Regulations Regulations made by the Minister; made (b) the Chairman of all the Vitongoji (b) Vitongoji within the village; (c) such other members to (c) elected in be elected to be in accordance with Regulations made Regulations made by by the Minister of whom not of whom than less than not less one third of the total number of total number all of all the members of council village council the village of the shall be women; and and executive (d) the village executive officer officer whowho shall be the the secretary secretary to Village the Village to the Council." Council." (b) (b) repealing subsection (3),(4) (3),(4) and subsisting and subsisting (5) and and (5) for them the following: "(3) "(3) The The election election of Village the Village of the Council Council shallshall be be conducted according toto conducted according procedures procedures prescribed prescribed in in Regulations Regulations made made by by the the Minister. Minister. (4) (4) After After thethe expiry expiry of of five five years years from the date when the from the date when the village village Council Council was was elected elected under subsection (2), the directorofof under subsection (2), the director an an urban urban Council Council in in which which the the village village isis situated, situated, or or any any other other person person appointed appointedby by the director the director toto be be the the assistant assistant returning returning officer, officer, shall, shall, inin manner manner prescribed prescribedby bythe the Minister in the Regulations issue Minister in the Regulations issue a public a public notice notice withwith the the intention intention toto conductconduct election." election." Written Laws (Miscellaneous Amendment) (No.2) 2009 8 No.2 adding Additio n Addition 14. The

14. Theprinci pal Act principal Act isis amend amended VI by Part VI in Part ed in by adding g "LEG ISLAT IVE POWE RS" the section of of section the headin after the iately after immediately immed heading ''LEGISLATNE POWERS" the 87A87A follow ing new following newsection : section: "Regul a- "Regula- 87 A.-( 1) The

87A.-(1) The Minis ter may Minister make may make tions tions Regul ations for Regulations better carryi for better ng of carrying the of the provis ion and provision andpurpo ses of this Act. purposes of this Act. (2) Witho (2) Without prejud ice to prejudice to thethe genera lity of generality of subsec tion (1), subsection Minis ter the Minister may (1), the may make Regul ations prescr make Regulations prescribing the ibing procedure the procedure the electio forthe for election n of- of- a) ((a) the Chairm Chainnan members and members an and Counc of Villagee Council; il; (b) the Chairm Chainnan members and members an and of Mtaa Comm and ittee; and Committee; (c) Chairman of the Chainnan Kitongoji." ofKitongoji." PART IV AMENDMENT THE TERRIT OF TIIB MENT OF AND EXCLU SEA AND ORIAL SEA TERRITORIAL SIVE EXCLUSIVE AMEND EcONOMIC EcoNO ACT :ZONE Acr MIC ZoNE Constru- Constru This Part·

15. This

15. Part-shall be be read Sea TerritorialSea theTerritorial withthe one with as one read as ction ction and Exclu Exclusive sive Economic Zone Zone Act, to as the referrededto as the after referr hereinafter Act, herein Cap. 238 and Cap.23 8 "principal Act". Act". "princ Amend- Amend- The principal

16. The 16. principal Act Act isis amended deleting bydeleting section33by amendedininsection mentof ment of the words words "low- "low-waterlines" ring inin subsec appearing waterlines" appea tion (2) subsection (2) and and section 3 the section 3 substituting substi tuting for for them them the the words words"base "baseline". line". Amend- Amend- 17.

17. The The principal principal Act Act isis amended amendedby section5 5 ingsection repealing by repeal mentof ment of and substituting for it the new section: and substituting for it the new section: Section 5 Section 5 "Baseline "Baseline 5.

5. TheThebaseline baselinefromfromwhich whichthe breathofofthethe thebreath of shall of territorial sea of the United territorial sea of the United Republic Repub is lic ismeasured measu redshall territori al territorial be the low-water line or straight base-lines ineswhere where there there sea sea be the low-water line or straight base-l are- are- (a) (a) bays baysorordeltas; deltas;oror (b) (b) fringe fringe islands ofof islandsoror reefs, reefs, along the coast of the along the coast of the UnitedUnited Republic Repub licincluding including No.2 Written Laws (Miscellaneous Amendment) (No.2) 2009 9 as marked on a large-scale all islands, as coast of all the coast the chart or map officially recognized by the chart Government of the United Republic." Government Amend- Amend- The principal Act is amended in section 14 by deleting

18. The 18. ment mentof of subsection ((4) the phrase "a magistrates' court" and substituting in subsection in section section 14 14 for itit the for the phrase ''the "the High Court". Amend- Amend- 19. The principal Act is amended by - mentofof ment section 18 section 18 (a) that designating section 17 as subsection (1) ofthat section; and (b) adding the following new provision after (l):): subsection (1 "(2) Unless the Director Director of of Public Public Prosecutions directs otherwise, offences offences under this Act shall bebe tried tried by by the the High High Court." Passed in the National Assembly on the 31 st July, 2009. ..................... !??~ c-~ ············· ········~ Clerk of the National Assembly