Skip to main content

Written Laws (Misc. Amendments) Act No. 3

THE WRITTEN LAWS ( MISCELLANEOUS AMENDMENTS) (NO.3 )
ACT, 2019

ARRANGEMENT OF SECTIONS

Section Title

PART I
PRELIMINARY PROVISIONS

1. Short title.
2. Amendment of certain written laws.

PART II
AMENDMENT OF THE COMPANIES ACT ,
(C AP . 212)

3. Construction.
4. Amen dment of section 2.
5. Amendment of section 3.
6. Addition section 3 A.
7. Amendment of section 12.
8. Amendment of section 14.
9. Amendment of section 32.
10. Addition section of 400A.

ISSN 0856 – 01001 X
THE UNITED REPUBLIC OF TANZANIA
No. 1 30 th May , 201 9

SPECIAL BILL SUPPLEMENT
to the Special Gazette of the United Republic o f Tanzania NO. 21 Vol . 100 dated 30th May , 201 9 Printed by the Government Printer, Dodoma by Order of Government

Written Laws (Miscellan eous Amendments)(No.3) Act, 2019
2

PART III
AMENDMENT O F THE COPYRIGHT AND NEIGHBOURING RIGHTS ACT ,
(C AP . 218)

11. Construction.
12. Amendment of section 42.
13. Addition of section 42A.

PART IV
AMENDMENT OF THE FILMS AND STAGE PLAYS ACT ,
(C AP . 230)

14. Construction.
15. General amendment.
16. Amendment of section 2.
17. Addition o f section 6A.
18. Repeal and replacement of section 14.
19. Amendment of section 15.
20. Amendment of section 16.
21. Addition of section 31A.
22. Amendment of section 34.
23. Amendment of section 38.

PART V
AMENDMENT OF THE NON -GOVERNMENTAL ORGANIZATIONS ACT ,
(C AP . 56)

24. Constru ction.
25. Amendment of section 2.
26. Amendment of section 4.
27. Addition of section 4A.
28. Addition of section 8A
29. Amendment of section 11.
30. Amendment of section 17.
31. Amendment of section 29.
32. Amendment of section 31.

Written Laws (Miscellan eous Amendments)(No.3) Act, 2019
3

PART VI
AMENDMENT OF THE SOCIETIES ACT ,
(C AP . 337)

33. Construction.
34. General amendment.
35. Amendment of section 2.
36. Repeal of sections 3 and 4.
37. Repeal and replacement of section 7.
38. Amendment of section 8.
39. Repeal of section 9.
40. Amendment of section 10.
41. Repeal of sections 11 and 12.
42. Amendment of section 14.
43. Repeal o f section 16 .
44. Amendment of section 17.
45. Amendment of section 19.
46. Amendment of section 20.
47. Amendment of section 25.
48. Amendment of section 26.
49. Amendment of section 27.
50. Repeal of section 28.

PART VII
AMENDMENT OF STATISTICS ACT ,
(C AP . 351)

51. Construction.
52. Amend ment of section 3.
53. Amendment of section 6.
54. Amendment of section 19.
55. Amendment of section 24A.
56. Re peal and replacement of section 24B.
57. Amendment of section 37.

Written Laws (Miscellan eous Amendments)(No.3) Act, 2019
4

PART VIII
AMENDMENT OF TANZANIA SHIPPING AGENCIES ACT ,
(C AP . 415)

58. Construction.
59. Amendment of s ection 2.
60. Amendment of section 3.
61. Amen dment of section 5.
62. Amendment of section 7.
63. Amendment of section 10.
64. Amendment of section 11.
65. Amendment of section 13.
66. Amendment of section 22.
67. Amendment of section 30.
68. Amendment of section 31.
69. Amendment of section 46.
70. Amendment of the Schedule.

PART IX
AMENDMENT OF THE TRUSTEE ‘S INCORPORATION ACT ,
(C AP . 318)

71. Construction.
72. General amendment.
73. Addition of section 1A.
74. Amendment of section 14.

Written Laws (Miscellan eous Amendments)(No.3) Act, 2019
5

___ ___ __

NOTICE
__ ___ ___

This Bill to be submitted to the National Assembly i s published for general
information to the public together with a statement of its objects and reasons.

Dodoma, JOHN W.H. KIJAZI ,
28 th May , 2019 Secretary to the Cabinet

A Bill

For

An Ac t 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
Ame ndments) (No. 3 ) 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 COMPANIES ACT ,
(C AP . 212)

Construc –
tion
Cap.212
3. This Part shall be read as one with the Companies Act,
hereinafter referred to as the “principal Act”.

Amendment
of section 2 4. The principal Act is amended in section 2, by –
(a) deleting the definition of the term “company” and
substituting for it the following:
“company” means a company formed and registered
under this Ac t or an existing company established
for invest ment , trade or commercial a ctivities and

Written Laws (Miscellan eous Amendments)(No.3) Act, 2019
6

any other activity as the Minister may, by notice
published in the Gazette , prescribe ;
(b) inserting in the respective appropriate alphabetical order
the following new de finitions:
“commercial activities” means all activities of industry
and trade, including, but not limited to, the buying
or selling of commodities and activities conducted
for the purpose of facilitating such buying and
selling ;
“investment activitie s” means transactions involving
sale or purchase of equipment plan ts, properties,
securities, capital, stocks, debentures or other assets
generally not held for immediate re -sale and any
other activity as the Minister may, by notice
published in the Gazet te, prescribe .
“trade ” means the transfer of goods or services from one
person or entity to another. ”.
Amendment
of section 3 5. The principal Act is amended in section 3, by adding
immediately after sub section (2) the following –

Cap. 56
“(3) A compa ny which is limited by guarantee wh ich intends
to promote commerce, investment , trade or any other activity as
the Minister may, by notice published in the Gazette , prescribe ,
shall be incorporated or registered under this Act; ”.

Addition of
sect ion 3A 6. The principal Act is amended by addi ng immediately after
section 3 the following:
“Complian
ce with Act 3A .-(1) A company referred to under
section 3(3) which was incorporated or
registered prior to the coming into operation
of this section sh all, within t wo months from
the date of coming into operation of this
section, be required to comply with the
provisions of this Act.

Cap. 56
(2) A company limited by guarantee not
having share capital, incorporated or
registered under this Act a nd obtained a
certificate of compliance under section 11 of
the Non -Governmental Organizations Act,
shall , within t wo months from the date of
coming into operation of this section be
deemed to have been registered under the
Non -Governmental Organizations A ct and
struck off from the register .”.

Written Laws (Miscellan eous Amendments)(No.3) Act, 2019
7

Amendment
of section
12
7. The principal Act is amended in section 12(1), by inserting
at the beginning of paragraph (b) the following –
Cap. 56 “Subject to section 3(3),”.

Amendment
of section
14
8. The prin cipal Act is amended in section 14, by adding
immediately after subsection (5) the following:
“(6) The Registrar shall n ot register or maintain in the
register a company limited by guarantee which does not fall
under section 3(3);” .

Amendment
of sect ion
32
9. The principal Act is amended in section 32, by deleting
subsection (1) and substituting for it the following –
“(1) Where it is proved to the satisfaction of the Registrar
that an association about to be formed as a private company
for promotin g commerce intends to apply its profits, if any,
or other income in promoting its objects, and to prohibit the
payment of any dividend to its members, the Registrar may
by licence direct that the association may be registered as a
private company with limi ted liability, without the addition
of the word “limited” to its name, and the association may
be registered accordingly and shall on registration, enjoy all
the privileges and, subject to the provisions of this section,
be subject to all the obligations o f limited companies.” .

Addition of
section
400A
10 . The principal Act is amended by adding immediately
after section 400 the following –
“Powers of
Registrar to
strike off a
company
fraudulently
registered or
conducting
illegal
business
400A. -(1) Wh ere the Registrar has
reasonable cause to believe that –
(a) a registered company has been
fraudulently registered;
(b) a registered company is engaged in
criminal activities such as money
laundering, human trafficking,
drug trafficking; terrorism
financin g or any other offence
punishable by law ;
(c) at the time of incorporation, there
was misrepresentation or fraud by
a registered company ;
(d) by operation of law, all

Written Laws (Miscellan eous Amendments)(No.3) Act, 2019
8

shareholders or directors have been
prohibited from entering the
country; or
(e) a reg istered company is operating
contrary to its objectives as
prescribed in the memorandum and
articles of association,
he shall issue a notice in writing to the
company, of his inten tion to strike the
company off the register.
(2) Upon receipt of th e notice referred to
under subsection (1), the company may,
within thirty days provide to the Registrar
reasons in writing as to why the company
should not be struck off the register.
(3) Where the company fails to provide
reasons under subsection (2) within the
prescribed time or where the reasons
provided are not satisfactory, the Registrar
shall strike the company off register,
publish in the Gazette the name of the
company which has been struck off and
notify the company accordingly.
(4) Where a company, member or
creditor is aggrieved by the decision of the
Registrar under subsection (3) shall , within
five years from the date of publication in
the Gazette, apply to the court for
restoration of the company in the register:
Provided that, the Re gistrar shall not,
within such period of five years, register
another company with the same name.
(5) Upon receipt of the application for
restoration, the court may –
(a) order restoration of the company in
the register; and
(b) give such directions and make such
provisions as seem just for placing
the company and all other persons in
the same position as nearly as may
be as if the name of the company
had not been struck off.

Written Laws (Miscellan eous Amendments)(No.3) Act, 2019
9

(6) The company restored under
subsection (5) shall be deemed to have
continued in existence as if its name had
not been struck off, and the court may, by
order, give such directions and make such
provisions as seem just for placing the
company and all other persons in the same
position as nearly as may be as if the name
of t he company had not been struck off.
(7) The Minister may make regulations
necessary or convenient for better carrying
out or giving effect of this section.” .

PART III
AMENDMENT OF THE COPYRIGHT AND NEIGHBOURING RIGHTS ACT ,
(C AP . 218)
Construc –
tion
Cap. 218
11. This Part shall be read as one with the Copyright and
Neighbouring Rights Act, hereinafter referred to as the “principal
Act”.
Amend –
ment of
section 42
12. The principal Act is amended in section 42 by –
(a) in subsection (1), deleting paragraphs (a) and (b) and
substituting for them the following –
“(a) in the case of the first offence in commercial
basis, a fine of not less than twenty million
shillings or thirty percentum of the value of the
pirated copyright material , whichever is higher ; and
(b) in case of each subsequent offence in
commercial basis, a fine of not less than thirty
million shillings or fifty percentum of the value
of the pirated copyright material , whichever is
higher ,
in addition, the court may order compensa tion to the
right holder .”.
(b) by adding immediately after subsection (1) the
following:

Cap.
172
“(1A) In addition to the punishment under
subsection (1), where the offender is a legal
person regulated by Tanzania Communications
Regulatory Autho rity, the person may be
subjected to suspension in accordance with
the Tanzania Communications Regulatory
Authority Act.” .

Written Laws (Miscellan eous Amendments)(No.3) Act, 2019
10

Addition of
section
42A
13. The principal Act is amended by adding immediately after
section 42 the following new section –
“Compound –
ing of
offences
42A. -(1) Notwithstanding the provisions
of this Act relating to penalties, where a
person admits in writing that he has
committed an offence under this Act, the
Copyright Administrator or a person
authorised by him in writing may, a t any
time prior to the commencement of the
proceedings by a court of competent
jurisdiction, compound such offence and
order such person to pay –
(a) the sum of money together with all
reasonable expenses Copyright
Society of Tanzania may have
incurred in connection with the
offence; and
(b) all fees and charges which would
have been due where the action had
been authorised under this Act.
(2) Where an offence is compounded in
accordance with subsection (1) and
proceedings are brought against the offend er
for the same offence, it shall be a good
defence for such offender to prove to the
satisfaction of the Court that the offence with
which the offender is charged has been
compounded under subsection (1).
(3) Where a person fails to comply with
the or der issued under this section within the
prescribed period, the Copyright
Administrator –
(a) shall, in addition to sum ordered,
require the person to pay an interest at
the rate prescribed in the regulations;
and;
(b) may enforce the order in the same
man ner as a decree of a court for the
payment of the amount stated in the
notification.” .

Written Laws (Miscellan eous Amendments)(No.3) Act, 2019
11

PART IV
AMENDMENT OF THE FILMS AND STAGE PLAYS ACT ,
(C AP . 230)
Construction
Cap. 230 14. This Part shall be read as one with the Films and Stage
Plays Act, he reinafter referred to as the “principal Act”.
General
amendment 15. The principal Act is generally amended by deleting the
words “Central Censorship Board” and “Regional Censorship
Board” wherever they appear in the Act and substituting for them
the w ords “Tanzania Film Board” and Regional Film Board”
respectively.
Amendment
of section 2 16. The principal Act is amended by –
(a) inserting in their appropriate alphabetical order the
following new definitions:
““classification and certification” mean s a motion
picture content rating system designated to
classify films with regard to suitability for
audiences in terms of issues such as sex,
violence, substance abuse, profanity,
impudence or other type of mature content;
“film association” means any g roup, network or
federation dealing with matters related to film
and stage plays;
“film industry” comprises the technological and
commercial institutions of film making film,
production companies, film studios, filming and
photographic agents and fixers ,
cinematography, animation, film product,
screen writing, pre -production, film festivals,
distribution and actors, film directors and other
film crew personnel;
“Board” means the Tanzania Film Board ;”
(b) deleting the definition of the term “theatre” and
substituting for it the following:
“theatre” means any building, premise, venue,
video exhibition centres or place at which a
film is publicly exhibited or a stage play is
publicly performed;” and
(c) deleting the words “censorship of” appearing in the
def inition of the term “Minister” .

Written Laws (Miscellan eous Amendments)(No.3) Act, 2019
12

Addition of
section 6A 17. The principal Act is amended by adding immediately after
section 6 the following new section:
“Requirem
ent for
foreign
production
company
6A. -(1) Any foreign production
company or individ ual using Tanzania
scene, content and location for filming the
whole or any part of a film, advertisement,
documentary or program, shall –
(a) submit to Tanzania Film Board raw
footage;
(b) acknowledge all physical locations
used for filming;
(c) submit a c opy of a finished film,
advertisement, documentary or
program;
(d) sign a prescribed clearance form
before exiting Tanzania and submit
the same to the Tanzania Film Board
or any other authority appointed by
the Board;
(e) grant rights to the government of
Tanzania to use content for the
purposes of promoting Tanzania and
its potential resources, tourism,
photographic location and cultural
attraction which are distributed
through public broadcasts, cable
programs, sound or visual recordings
or any other digi tal platform used by
public broadcaster:
Provided that, such use is compatible
with fair practice and that the source
and the name of the executive
producer and production company
are mentioned in the film,
documentary or advertisement.
(2) Any per son who contravenes
subsection (1) shall, upon conviction, be
liable to a fine of not less than five
percent um of the production cost of the
film, advertisement, documentary or
program.

Written Laws (Miscellan eous Amendments)(No.3) Act, 2019
13

(3) Every film producer shall include
insurance policy in every contract he signs
with actors and crew.
(4) Any person who contravenes
subsection (3) shall, upon conviction, be
liable to a fine of not less than one
per cent um of the production cost of the
film.”

Repeal and
replacement
of section 14
18. The p rincipal Act is amended by repealing section 14 and
replacing for it the following:
“Functions
of Film
Boards
14. -(1) The Film Board and every
Regional Film Board sha ll have the following
functions:
(a) to regulate film industry and stage
plays , foreign and local motion
pictures, television, radio and stage
plays’ practitioners and dealers; stage
plays production and performances;
(b) to monitor the quality of motion
pictures and stage plays;
(c) to license distribution, exhibition,
motion pictures, stag e plays’
exhibition venues, libraries, studios,
production and distribution companies
and individuals, online distribution
and exhibition infrastructures;
(d) to accredit, classify and register
practitioners and dealers of motion
pictures, television plays , radio plays
and stage plays;
(e) to coordinate and promote
development of film sector, local and
international markets, motion picture
festivals and awards, talent identification,
talent promotion, activities and events
related to film and stage plays;
(f) to classify and certify motion pictures,
video films and stage plays;
(g) to advise the government and
stakeholders on matters of or related
to the film sector in Tanzania;

Written Laws (Miscellan eous Amendments)(No.3) Act, 2019
14

(h) to solicit for opportunities and
investments in motion pictures and
stage p lays;
(i) to supervise and regulate
professionalism, ethics and etiquettes
in the film industry and stage play;
and
(j) to perform any other functions related
to motion pictures and stage plays.
(2) Without prejudice to subsection (1), it
shall be the duty of every film Board to
examine every film, and every poster or
description thereof, submitted to it under this
Act, with a view to deciding whether, and if
so in what manner, it should be approved for
exhibition:
Provided that, and notwithstandin g the
provision of section 18, if the Board so
decides, it may approve a film or poster for
exhibition to the public without examining it.
(3) There shall be film boards established
in every district which shall be appointed by
Tanzania Film Board.
(4) The films board s appointed under
subsection (3) shall perform duties as may
directed by the Tanzania Film Board.” .

Amendment
of section 15 19. The principal Act is amended in section 15(1), by
deleting the word “censorship” appearing in paragr aph (c) and
substituting for it the words “classification and certification”.

Amendment
of section 16 20 . The principal Act is amended in section 16, by deleting
subsection (1) and substituting for it the following:
“(1) A person shall not disp lay or advertise or cause or
permit to be displayed or advertised in a public place, so as to
be visible from a public place, any poster unless a Film
Board has first approved a poster for public display through
any platform or media display.” .

Additio n of
section 31A 21. The principal Act is amended by adding immediately
after section 31 the following:
“Profit
returns 31A. -(1) The Board shall obtain profit
returns from foreign film production

Written Laws (Miscellan eous Amendments)(No.3) Act, 2019
15

companies or individuals in order to contribute
to the n ational economy as well as local film
industry.
(2) The Board shall regulate a number of
foreign crew entering the country for motion
picture activities.
(3) The Board shall set guidelines and
procedures for accessing famous filming
locations.” .

Amendment
of section 34 22. The principal Act is amended in section 34(2), by
deleting the word “negative” appearing in paragraph (a) and
substituting for it the words “footage clip or any material used to
make such film.” .

Amendment
of section 38 23. The principal Act is amended in section 38, by –
(a) adding immediately after paragraph (q) the following:
“(r) prescribing the code of conduct and discipline,
professional ethics and etiquettes in the film
industry and stage play”;
(b) renumbering para graph (r) as paragraph (s).

PART V
AMENDMENT OF THE NON -GOVERNMENTAL ORGANIZATIONS ACT ,
(C AP . 56)

Construc –
tion
Cap.56
24. This Part shall be read as one with the Non -Governmental
Organizations Act, hereinafter referred to as the “principal Act”.

Amend –
ment of
section 2
25. The principal Act is amended in section 2, by deleting the
definition of the term “Non -Governmental Organisation” and
substituting for it the following:
“Non -Governmental Organization” also known by its
acronym “NGO” and which includes Community
Based Organisation (CBO) means a voluntary
grouping of individuals or organizations which is,
non -partisan or non -profit sharing established and
operates for the benefit or welfare of the community
or public organized at the loca l, national or
international levels for the purpose of enhancing or
promoting economic, environmental, social or
cultural development or protecting environment,

Written Laws (Miscellan eous Amendments)(No.3) Act, 2019
16

lobbying or advocating on such issues; but does not
include:
Cap. 212 (a) a company formed and re gistered under the
Companies Act,
Cap. 318 (b) a trust formed and registered under the Trustees ’
Incorporation Act;
Cap. 366 (c) a trade union formed and registered under the
Employment and Labour Relations Act;
(d) a religious or faith propagating organisation ;
Cap. 211 (e) a cooperative society formed and registered
under the Cooperative Societies Act;
(f) an agricultural association formed and registered
under any written law other than this Act;
Cap. 337 (g) a society formed and registered under the
Societies Act ;
Cap. 258 (h) a political party formed and registered under the
Political Parties Act;
Act No.
10 of
2018
(i) a microfinance group (VICOBA) registered
under the Microfinance Act;
Cap. 49 (j) a sports association formed and registered under
the National Sport C ouncil of Tanzania Act; and
(k) any organisation which the Minister may, by
order published in the Gazette , declare not to be
a non -governmental organisation for the purpose
of this Act;

Amend –
ment of
section 4
26. The principal Act is amended in sectio n 4(1), by –
(a) inserting immediately after paragraph (h) the following :
“(i) to suspend the operation of any Non –
Governmental Organization which violates the
provisions of this Act pending determination of
the Board;
(j) to conduct monitoring and ev aluation of Non –
Government Organization s activities on quarterly
basis and report to the Board;” and
(b) renumbering paragraph (i) as paragraph (k).

Addition of
section 4A 27. The principal Act is amended by adding immediately after
section 4 the followi ng:
“Power to
investi –
gate
4A .-(1) The Registrar may, in
implementing the duties under section 4 and in
collaboration with law enforcement organs,

Written Laws (Miscellan eous Amendments)(No.3) Act, 2019
17

investigate any matter as required.
(2) The Registrar may require any law
enforcement organ or public entity to provide
such facilities and services of its employees as
may be deemed necessary to assist the registrar
in performing the functions under this Act.
(3) It shall be the duty of every person,
law enforcement organ or public entity to
afford th e Registrar the cooperation and
assistance necessary to enable the performance
of his functions under this Act or any other
written laws.”

Addition of
section 8A 28 . The principal Act is amended by adding immediately after
section 8 the following:
“De –
registration of
Non –
Government
Organization
8A. An Organization registered under this
Act, and which does not fit to be a Non –
Government al Organization by virtue of
section 2 shall, after expiration of two
months from the date of coming into
operation of this section, be deemed to have
been de -register ed .”.

Amendme
nt of
section 11
29. The principal Act is amended in section 11, by deleting
subsections (3), (4), (5) and (6).

Amendme
nt of
section 17
30 . The principal Act is amended in section 17, by adding
immediately after subsection (2) the following:
“(3) A certificate of registration issued under this section shall
be valid for a period of ten years.
(4) An application for renewal of certificate of registration shall
be made six months be fore the expir y date of its registration.
(5) The Board shall renew a certificate of registration upon
being satisfied that the organization has complied with the
requirements of registration under this Act and any other written
laws.
(6) Notwithstandi ng subsection (5), the Board shall, in deciding
whether to renew or refuse renewal of certificate of registration,
adhere to the conditions stated under section 14 of this Act.” .

Amendme
nt of
section 29
31 . The principal Act is amended in section 29(1) , by adding at
the end of paragraph (b) the words “and shall be made available to

Written Laws (Miscellan eous Amendments)(No.3) Act, 2019
18

the public”.

Amendme
nt of
section 31
32. The principal Act is amended in section 31, by –
(a) adding immediately after paragraph (b) the following –
“(c) to adhere to the principles of financial transparency and
accountability as prescribed under other written laws;”
and
(b) renumbering paragraph (c) as paragraph (d).

PART VI
AMENDMENT OF THE SOCIETIES ACT ,
(C AP . 337)

Construc –
tion
Cap.337
33. This Part shall be read as one with the Societies Act,
hereinafter referred to as the “principal Act”.

General
amend –
ment
34 . The principal Act is amended generally, by –
(a) deleting the words “local society” wherever they appear in
the Act and substituting for them the wo rds “society”;
(b) deleting the words “order and good government” wherever
they appear in the Act and substituting for them the words
“order, morality and good governance”; and
(c) deleting the word “President” where ver it appear s in the
Act except under sec tion s 5 and 8 , and substituting for it the
word “Registrar”.

Amend –
ment of
section 2
35. The principal Act is amended in section 2, by –
(a) deleting the definition of the terms “ exempted society” and
“local society”; and
(b) deleting the definition of t he word “society” and
substituting for it the following:
“society” means a non -partisan and non -political
association of ten or more persons established for
professional, social, cultural, religion or economic
benefits or welfare of its members, formed and
registered as such under this Act, but does not
include –
Cap. 212 (a) a company formed and registered under the
Companies Act;
Cap. 318 (b) a trust formed and registered under the Trustees ’
Incorporation Act;

Written Laws (Miscellan eous Amendments)(No.3) Act, 2019
19

Cap. 366 (c) a trade union formed and registere d under the
Employment and Labour Relations Act;
(d) a religious or faith propagating organisation;

Cap. 211 (e) a cooperative society formed and registered
under the Cooperative Societies Act;
(f) an agricultural association formed and registered
under any w ritten law other than this Act;

Cap. 258 (g) a political party formed and registered under the
Political Parties Act;

Cap. 56 (h) a non -governmental organisation formed and
registered under the Non -Governmental
Organisations Act;
Act No.
10 of 2018 (i) a micr ofinance group (VICOBA) registered
under the Microfinance Act;

Cap. 49 (j) a sport association formed and registered under
the National Sport Council of Tanzania Act; and
(k) any society which the Minister may, by order
published in the Gazette , declare not to be a
society for the purpose of this Act;
(c) deleting the definition of the words “unlawful society”
and substituting for them the following –
“unlawful society” means any society
declared as such pursuant to section 8 “.
Repeal of
section s 3
and 4
36. Sections 3 and 4 of the principal Act are hereby repealed
and replaced with the following:
“Registra –
tion of
association
3. An association shall not operate as a
society within the meaning of this Act, unless
it is registered with the Registrar in accordance
with the provisions of this Act.”
Cessation
of
registered
society
4. An association registered under this
Act, and which does not fit to be a socie ty by
virtue of section 2 shall, after expiration of two
months from the date of coming in to operation
of this section, be deemed to have been de –
register ed .”
Repeal and
replacement
of section 7
37. The principal Act is amended by repealing section 7 and
replacing for it the following:
“Registra –
tion of
7.-(1) A foreign societ y intending to
operate in Tanzania shall comply with

Written Laws (Miscellan eous Amendments)(No.3) Act, 2019
20

societies registration requirements under this Act.
(2) It shall be an offence for any society
which is not registered in accordance with the
provisions of this Act to carry out its business
as a society in Ta nzania.”

Amend –
ment of
section 8
38 . The principal Act is amended in section 8, by –
(a) deleting subsection (2) and substituting for it the
following:
(2) Any society declared by order of the
Minister to be a society dangerous to the good
governance of Tanzania, shall be declared to
be unlawful under the provisions of this
section and every such order made under the
provisions of this section shall continue in
force until revoked under this Act.
(b) deleting the words “or deemed to be made ” appearing
in subsection s (3) and (4) ;
(c) deleting subsection (6) and substituting for it the
following:
“(6) Any society against which an or der under this
section is made, shall be de -registered.”

Repeal of
section 9 39. The principal Act is amended by repealin g section 9.

Amend –
ment of
section 10
40 . The principal Act is amended in section 10, by –
(a) deleting marginal note and substituting for it the
following “Provisions on de -registration”;
(b) deleting subsection (1) and substituting for it the
following :
“(1) The provisions of this section shall apply to any
society whose registration has been cancelled under this
Act.”

Repeal of
sections 11
and 12
41. The principal Act is amended by repealing s ections 11 and
12.

Amend –
ment of
section 14
42. The principal Act is amended in section 14, by deleting the
opening words and substituting for them the following:
“The Registrar shall not register a society if-”

Written Laws (Miscellan eous Amendments)(No.3) Act, 2019
21

Repeal of
section 16 43. The principal Act is amended by repealed s ection 16.

Amend –
ment of
section 17
44. The principal Act is amended in section 1 7, by deleting the
words “effected under section 12” appearing in the opening phrase
and substituting for them the words “registered under the provisions
of this Act”

Amend –
ment of
section 19
45. The principal Act is amended in section 1 9, by deleting the
words “section 8 is in force” and substituting for the m the words
“sections 8, 14 and 17”.

Amend –
ment of
section 20
46. The principal Act is amended in section 20, by –
(a) delet ing the words “or exempted society” appearing in
subsection (1); and
(b) deleting the words “or exempted society, as the case
may be” appearing in subsection (2).

Amend –
ment of
section 25
47 . The principal Act is amended in section 25, by –
(a) in subsecti on (1), deleting the words “not exceeding ten
thousand shillings” and substituting for them the word “not
less than one million shillings but not exceeding ten million
shillings”;
(b) in subsection (2), deleting the phrase ” subordinate court
presided over by a Di strict magistrate of a Resident
Magistrate” appearing in subsection (2) and substituting for
it the words “District Court presided over by Resident
Magistrate;”

Amend –
ment of
section 26
48. The principal Act is amended in section 26, by deleting the
words “not exceeding five thousand shillings” and substituting for
them the word s “not less than two hundred thousand shillings but
not exceeding two million shillings”.

Amendme
nt of
section 27
49 . The principal Act is amended in section 27 , by d eleting the
words “not exceeding five thousand shillings” and substituting for
them the word “not less than two hundred thousand shillings but not
exceeding two million shillings”.

Repeal of
section 28 50. Section 28 of the principal Act is hereby repe aled.

Written Laws (Miscellan eous Amendments)(No.3) Act, 2019
22

PART V II
AMENDMENT OF STATISTICS ACT ,
(C AP . 351)

Construc –
tion
Cap. 351
51. This Part shall be read as one with the Statistics Act,
hereinafter referred to as the “principal Act”.

Amend –
ment of
section 3
52. The principal Act is amended in section 3, by
(a) deleting the definitions of the terms “statistical
information” and ““survey” and substituting for them the
following:
“statistical information” means any organized data
obtained from censuses or surveys; and
“survey” means a method of collecting data from a sample
of persons with a national, regional or district level
coverage;”
(b) inserting in its appropriate alphabetic order the following:
““publish” means release or disseminate statistical
information to the public in any form o r media;
“international standards ” means guidelines for producing
official st atistics used by United Nations Statistics
Division and other recognized international
organisation;
“national standards ” means guidelines for producing
official statistics used by Bureau;
“non -official statistics ” means statistics produced without
the authority of the Bureau. ”

Amend –
ment of
section 6
53. The principal Act is amended in section 6, by –
(a) inserting immediately after paragraph (f) the following:
“(g ) coordinate publishing of statistical information;”
and
(b) renaming paragraphs (g) and (h) as paragraphs (h) and (i)
respectively.

Amendme
nt of
section 19
54. The principal Act is amended in section 19, by inserting the
word s “and publish” between th e words “collect” and “official”.

Amendme
nt of
section
55. The principal Act is amended in section 24A, by –
(a) deleting subsection (2) and substituting with the following:

Written Laws (Miscellan eous Amendments)(No.3) Act, 2019
23

24A
“(2) A person who has different findings from
statistics disseminated by the Bureau shall, subject to
consultation with the Bureau, have the right to
challenge such statistics :
Provided that , the consultation shall involve
discussion on the methodology used , dat a sources ,
analysis and data interpretation .
(3) Where upon con sultation under subsection (2),
it is established that the findings intended to be
published pursuant to subsection (2) are incorrect, the
Bureau shall advise the person concerned to revise
such findings accordingly before publication; and in
case of disag reement on revision, the Bureau shall
refer the matter to the Technical Committee for
determination.
(4) Where the Technical Committee determines
that –
(a) the findings referred to it under subsection (3)
are correct, it shall direct the findings to be
published;
(b) the statistics disseminated by the Bureau are
correc t and also the findings are corr ect it
shall direct both to be published;
(c) the statistics disseminated by the Bureau are
correct but the findings are incorrect, it shall
direct the findings n ot be published;
(d) the statistics disseminated by the Bureau are
incorrect and the findings are co rrect it shall
declare as such and direct the findings be
published; and
(e) both the statistics disseminated by the Bureau
and the findings are incorrect, it shall declare
the statistics unpublished and the findings
incorrect.
(5) Notwithstanding subsection (4)(d), where the
statistics disseminated by the Bureau is found to be
incorrect due to some discrepancies, the Bureau shall
use standard statistical pra ctices to correct the
discrepancies of such statistics.

(6) The Technical Committee referred to under this
section shall be formed by the Minister and shall be

Written Laws (Miscellan eous Amendments)(No.3) Act, 2019
24

composed of members who are conversant with and
possess expertise on matters relating statist ics and the
subject to be determined.
(7) In the performance of its functions, the
Technical Committee referred to under subsection (6)
shall be guided by accepted National and Interna tional
standards on statistics .
(8) For the purpose of subsection ( 1), the term
“process” means to make an in -depth or further
analysis of official statistics that may involve some
adjustment or modification, including weighting
schemes, method of imputing missing values or cross –
checking techniques and relevant character istics of
specific approach applied.
(9) The Minister may make regulations prescribing
for the composition, appointment of member s and
better carrying out of the functions and responsibilit ies
of the Technical Committee . ”

Repeal and
replacement
of section
24B
56. Section 24B is repealed and replaced by the following:
“Disseminat
ion of non –
official
statistics
24B .-(1) A person shall not publish non –
official statistics without consultation with
the Statistician General.
(2) The consultation referred to under
subsection (1) shall involve discussion on
data sources, methodology used , data sources,
analysis, data interpretation and results to be
published.
(3) Where data sources and methodology
refered to under subsection (2) are found to
meet acceptable national and international
standards, such non -official statistics shall be
published.
(4) Where data sources and methodology
referred under subsection (2) do not meet the
acceptable national or international standards
due to some discr epancies, the Bureau may
advise the person concerned to correct the
discrepancies before publication.
(5) Where the non -official statistics
submitted to the Statistician General for
approval do not meet acceptable national or
international standards, such information may

Written Laws (Miscellan eous Amendments)(No.3) Act, 2019
25

be published with a clear disclaimer statement
that the information is not official.
(6) Where a person is not satisfied with
the decision o f the Statistician General under
this section he may refer the matter to the
Technical Comm ittee for determination.
(7) Notwithstanding subsection (1), the
following statistical information may be
published without consultation –
(a) surveys or researches in natural
sciences, technology or innovation
conducted by recognised academic
and res earch institutions such as
universities and other academic and
research institutions ;
(b) researches conducted using
administrative data or statistics from
Government institutions such as
ministries, independent departments,
authorities and regional
admini stration;
(c) surveys or researches conducted for
programmes by international
organisations, regional bodies,
intergovernmental organisations
bilateral institutions, diplomatic
missions or international
development organisations; and
(d) surveys or resea rches conducted
purely for internal or personal use by
institutions or organisations which
are not intended to be published. ”

Amend –
ment of
section 37
57. The principal Act is amended in section 37, by deleting
subsection (4) and substituting for it t he following –
“(4) Any person who publishes non -official statistics contrary
to the provisions of this Act, commits an offence and shall, upon
conviction by a competent court, be liable –
(a) in the case of an individual, to a fine of not less than one
mi llion shillings but not exceeding five million shillings or
to imprisonment for a term of not less than six months but
not exceeding twelve months or to both ; and

Written Laws (Miscellan eous Amendments)(No.3) Act, 2019
26

(b) in the case of an institution, to a fine of not less than ten
million shillings but not ex ceeding fifty million shillings.”

PART VIII
AMENDMENT TANZANIA SHIPPING AGENCIES ACT ,
(C AP . 415)

Construc -tion
Cap.415 58 . This Part shall be read as one with the
Tanzania Shipping Agencies Act hereinafter referred to
as the “principal Act.”

Amend -ment of
section 2 59 . The principal Act is amended in section 2, by
deleting the words “ at sea ports and inland waterways
ports”.

Amend -ment of
section 3 60 . The principal Act is amended in section 3, by –
““airport” means a defined area on l and or water
including any building, installations and
equipment intended to be used either wholly or
in part for the arrival, departure and surface
movement of aircraft with facilities for
passengers and cargo;
“airway bill” means a document that accompan ies
goods shipped by an international air courier
providing detailed information about the
shipment;
“ammunition” shall have the meaning ascribed to
it under the Firearms and Ammunition Control
Act;
“consignment note” means a document prepared
by a consign or and countersigned by the
carrier as a proof of receipt of consignment for
delivery at the destination;
“dry port” means an inland common user facility
which is directly linked to a maritime port by
road or railway, having appropriate
infrastructure, equ ipment and storage facilities
operating as a centre for transhipment of sea
bound cargo and containers to and from inland
destinations and includes Inland Clearance
Depot and Empty Container Depot;

Cap. 223
Cap. 392

Cap. 283

Cap. 123
Cap. 392

Cap. 392

Written Laws (Miscellan eous Amendments)(No.3) Act, 2019
27

“export” means to take or cause goods to be taken
out of M ainland Tanzania;
“ferry” includes a boat or ship, whether owned by the
government or private person, for conveying
passengers or goods in a passage over any river,
arm of the sea, lake or part of a lake from any place
to which the public have access to any other place
but does not include a boat or a ship owned or
operated by security forces;
“firearm” shall have meaning ascribed to it under
Firearms and Ammunition Control Act;
“gas” shall have the meaning ascribed to it under the
Petroleum Act;
“Governm ent trophy” means the Government trophy as
referred to under the Wildlife Conservation Act;
“import” means to bring or to cause goods to be
brought into Mainland Tanzania from a foreign
country;
“live animal” means any kind of live vertebrate and
invertebr ate animal and the young and egg thereof;
“mineral” shall have the meaning ascribed to it under
the Mining Act;
“oil” shall have the meaning ascribed to it under the
Petroleum Act;
“petroleum” shall have the meaning ascribed to it under
the Petroleum Act;
“port services” means any service rendered by a port
terminal operator within a port in any manner
including loading and unloading of goods on board
vessels, shore handling of goods, storage of goods,
handling of passengers carried on vessels and
handling of refined petroleum products, edible oils
and natural or liquidified gases on vessels;
“ship” means a floating vessel which is self -propelled
and capable of carrying passengers or cargo;
“vessel” includes any ship, boat, sailing vessel, ferry or
other v essel of any description used in navigation;”
(b) inserting the words “ports, pipelines, airports border -post”
between the words “through,” and “customs” ap pearing in
the definition of the words “clearing and forwarding”;
(c) deleting the definition of the word “consignee” and
substituting for it the following –

Written Laws (Miscellan eous Amendments)(No.3) Act, 2019
28

““consignee” means the party to whom goods accepted for
carriage on board are addressed and that pa rty is
named as such in the bill of lading, airway bill or
consignment note;”
(d) deleting the definition of the word “port” and substituting
for it the following –
“port” means a sea port or inland waterways port of
Mainland Tanzania, whether on the coast or elsewhere
and in relation to execution of exclusive mandate and
shipping agency under this Act, a port shall include
airport;
(e) adding the words “airway bill or consignment note”
between the words “lading” and “as party” appearing in
the definition o f the word “shipper”.

Amend –
ment of
section 5
61. The principal Act is amended in section 5, by deleting
paragraph (g) and (h) and substituting for them the following –
“(g) promoting competition in the maritime transport services;
(h) entering into contractual obligations with other persons or
body of persons in order to secure the provision of quality
and efficient shipping services and maritime environment,
safety and security, whether by means of concession, joint
venture, public private part nership or other means and to
delegate its own functions of providing shipping services
and maritime environment, safety and security to one or
more parties.”

Amend –
ment of
section 7
62. Section 7 of the principal Act is amended –
(a) in subsection (1) b y-
(i) deleting the word “arms” appearing in paragraph (a) and
substituting for it the word “firearms;”
(ii) adding between the words “trophies” and “or” appearing
in paragraph (a) the following words “fertilizers, industrial
sugar, domestic sugar, edible cooki ng oil, wheat, oil
products, gas, liquidified gas and chemicals or any other
liquid related products ”;
(iii) adding immediately after paragraph (c) the following new
paragraph –
“(d) shipping agency functions in relation to –
(i) tanker ships, pure car carrier s vessel, cruise vessel,
exhibition vessel, casual caller, chartered vessel and
military ship;

Written Laws (Miscellan eous Amendments)(No.3) Act, 2019
29

(ii) minerals, mineral concentrates, machineries,
equipment, products or extracts related to minerals
and petroleum, firearms and ammunition, live
animals, Governme nt trophies, fertilizers, industrial
and domestic sugar, edible or cooking oil, wheat oil
products, gas, liquidified gas and chemicals or any
other liquid related products” ; or
(iii) any other goods as the Minister may by order
published in the Gazette prescri be.”; and
(b) by inserting immediately after sub section (1), the following –
“(1A) For the purpose of subsection (1)(d), the term
“tanker ship” means a ship designed to transport liquids or
gases in bulk including oil products, gas, liquidified gas
and ch emicals or any other liquid related products . ”

Amend –
ment of
section 10
63. The principal Act is amended in section 10, by deleting
subsection (1) and substituting for it the following –
“(1) The Corporation shall regulate maritime transport
services , maritime safety, maritime security and prevention of
pollution from ships and maritime activities in accordance with
the provisions of this Act.”

Amend –
ment of
section 11
64. The principal Act is amended in section 11, by –
(a) deleting the opening phr ase to subsection (1) and substituting
for it the following –
“(1) The functions of the Corporation in relation to
regulation of maritime administration, maritime safety,
maritime security and prevention of pollution from ships and
maritime activities sha ll be to: -”
(b) deleting paragraph (b) and substituting for it the following –
“(b) exercise flag state control on Tanzanian ships and port
state control on foreign ships;”.

Amend –
ment of
section 13
65. The principal Act is amended in section 13, by del eting
subsection (3) and substituting for it the following –
“(3) Notwithstanding the provisions of subsection (2), the
Director General shall not issue a licence for shipping agency
if the applicant or its shareholder is ship owner, ship operator,
ship c harterer, dry port operator or clearing and forwarding
agent. ”

Amendme 66. The principal Act is amended in section 22(2), by –

Written Laws (Miscellan eous Amendments)(No.3) Act, 2019
30

nt of
section 22 (a) deleting the word “senior” appearing in paragraph (g);
(b) inserting the word “management” between the words “ of”
and “staff” appearing in paragraph (h); and
(c) deleting the word “senior” appearing in paragraph (i);

Amend –
ment of
section 30
67. The principal Act is amended in section 30, by deleting
subsection (5) and substituting for it the following –
“(5) T he Director General shall serve for a term of five years
renewable once on such terms and conditions as shall be set out in
the scheme of service and letter of his appointment.”

Amend –
ment of
section 31
68 . The principal Act is amended in section 31(3 ), by –
(a) adding the word “or” at the end of paragraph (a); and
(b) deleting paragraph (b) and substituting for it the
following –
“(b) is a holder of a first degree from a recognized
university and a Master Mariner or Chief Engineer
Officer in accordance wi th the International
Convention on Standard of Training, Certification
and Watch keeping for Seafarers (STCW Reg. II/2 or
III/2) with seagoing service; and”

Amend –
ment of
section 46
69 . The principal Act is amended in section 46, by –
(a) deleting the wor ds “business of shipping agency” appearing
in paragraph (a) and substituting for them the words
“regulated service”; and
(b) deleting paragraph (b) and substituting for it the following:
“(b) inspect and take copies of any record required
under this Act to be kept in respect of regulated
service or any other records relating to such
service,”

Amend –
ment of the
Schedule
70 . The principal Act is amended in the Schedule by deleting the
words “shipping agency” appearing after the word “for” appearing in
paragraph 1(1) in item (e) and substituting for it the word “maritime
transport.”

PART IX
AMENDMENT OF THE TRUSTEES ’ INCORPORATION ACT ,
(C AP .318)

Written Laws (Miscellan eous Amendments)(No.3) Act, 2019
31

Construc –
tion
Cap.318
71 . This Part shall be read as one with the Trustees’ Incorporation
Act, herein after referred to as the “principal Act”.

General
amend –
ment
72 . The Principal Act is amended generally by deleting the
designation “Registrar -General” wherever it appears in the Act and
replacing it with the designation “Administrator -General”.

Ad dition of
section 1A 73 . The Principal Act is amended by adding immediately after
section 1 the following:
“Interpretation 1A. In this Act, unless the context
requires otherwise –
“trust” means a legal relationship created by
personal acts, by an or der of the court or
operation of the law, when specified
property or interests are placed under the
control and management of a trustee or
trustees for the benefit of another party or
parties, called a beneficiary or
beneficiaries, or for purposes specifie d
under section 2(1), and excludes:

Cap. 56
(a) a non -governmental organization
registered under the Non -Governmental
Organizations Act;
Cap. 212 (b) a company registered under the
Companies Act;
Cap. 337 (c) a society registered under the Societies
Act;
(d) a trade union formed and registered
under the Trade Unions Act;
(e) an agricultural association formed and
registered under any written law other
than this Act;
Cap. 258 (f) political party registered under the
Political Parties Act;

Cap. 49 (g) a sports association or club registered
under the National Sports Council of
Tanzania Act;
Act No.
10 of 2018 (h) a microfinance group (VICOBA)
registered under the Microfinance Act;
(i) a cooperative society formed and
registered under the Coopera tive
Societies Act; and
(j) any trust which the Minister may, by

Written Laws (Miscellan eous Amendments)(No.3) Act, 2019
32

order published in the Gazette , declare
not to be a trust for the purpose of this
Act;
“trustee” means a person who holds, controls
and manages property or any other
interests for the be nefit of a beneficiary or
beneficiaries, or for purposes specified in
section 2(1).”

Amend –
ment of
section 14
74 . The Principal Act is amended in section 14(2) by deleting the
words “a police officer of the rank of Inspector or above” appearing in
para graph (e) and substituting for them the words “other relevant
investigation authorities”.

Written Laws (Miscellan eous Amendments)(No.3) Act, 2019
33

_________

OBJECTS AND REASONS
__________

This Bill proposes amendments to Eight laws, namely; the
Companies Act, Cap. 212, the Copyright and Neighbouring
Rights Act, Cap. 218, the Films and Stage Plays Act, Cap. 230,
the Non -Governmental Organizations, Act Cap. 56, the Societies
Act, Cap. 337, the Statistics Act Cap.351, the Tanzanian Shipping
Agencies, Act Cap.415 and the Trustees’ Incorporation Act
Cap.318.

The proposed amendments intend to keep the respective laws
with changes so far observed in their implementation.

This Bill is divided into Nine Parts. Part I deals with
preliminary provisions which includes the title of the Bill and the
manner in which the l aws proposed to be amended, are amended
in their respective Parts.

Part II proposes to amendments to the Companies Act, Cap.
212. It is proposed to re -define the term “company” and introduce
the definitions of other terms such as commercial activities,
in vestment activities and trade in order to restrict the scope of
operation of companies within such activities. It is further
proposed to amend section 3 to restrict the scope of operation
companies limited by guarantee to promotion of commerce,
investment and trade. The amendment are meant to clearly
differentiate companies limited by guarantee from other entities
such as NGO, Trusts and Societies.

Section 12(1) is amended in paragraph (b), the purpose of
this amendment is that the existence of the said paragraph renders

Written Laws (Miscellan eous Amendments)(No.3) Act, 2019
34

the organization with such status to be of the same meaning with
the non -governmental organization. The amendment of such
paragraph renders the company limited by guarantee and not
having share capital to be registered under the Companie s Act,
Cap.212.

Amendment of section 14 intends to introduce new
subsections (5) and (6) for the purposes of removing overriding
roles between the Registrar of Companies and Registrar of NGOs
regarding registration of charity organizations. The amendments
also intend to outline and retain in the register of companies, a
company with objectives of promoting commerce after obtaining
approval from Registrar of NGO’s certifying that intended
objectives do not fall under the Non -Government Organizations
Act.

Section 32 is amended by deleting sub section (1) and instead
thereto a new subsection is inserted. The purpose of this
amendment is to clear overlapping functional powers between the
Registrar of Companies and Registrar of NGO’s.

The additional of new sec tion 400A is intended to empower
the Registrar of Companies to strike a company off register where
the company has been found to involve itself in criminal offences
or illegal transactions.

Part III proposes amendments to the Copyright and
Neighbouring Ri ghts Act, Cap. 218, whereby section 42 is
amended for the purpose of enhancing the penalty for the
contravention of the provisions of the Act. This Part also
proposes addition of new section 42A which aims at empowering
the Chief Executive Office of Copyri ght Society of Tanzania to
compound offences committed under the Act and procedures to
compound. This Part further empowers the Minister to make

Written Laws (Miscellan eous Amendments)(No.3) Act, 2019
35

regulations prescribing types of offences which may be
compounded under the Act.

Part IV proposes amendments t o the Films and Stage Plays
Act, Cap. 230. The amendments to section 2 intend to broaden
the scope of meaning of the terms used in the Act. This Part
introduces a new section 6A which requires any foreign
production company or individual using Tanzania sce ne, content
and location for filming whole or any part of a film,
advertisement, documentary or program to submit to Tanzania
Film Board raw footage, acknowledge all physical locations used
for filming; submit a copy of a finished film, advertisement,
doc umentary or program, and sign a prescribed clearance form
before exiting Tanzania and submit the same to Tanzania Film
Board or any other authority appointed by the Board. Subsection
(2) provides for penalty for any contravention of subsection (1),
while s ubsection (3) requires every film producer to include
insurance policy in every contract signed with actors and crew.
The aim of this amendment is to widen the scope and regulating
film sector in Tanzania.

Amendment of section 10 intends to formalize inf ormal film
and video exhibition centers to widen platforms for exhibition,
distribution and marketing. It also provides standards suitable for
the establishment and running of video exhibition centres. This
amendment intends to increase revenue of the Boar d, producers
and local government through the introduction of a new source of
income. Amendment of section 14 with the view to elaborate and
list the functions of the Board, and it is further amended to
strengthen the relationship and coordination between the
Tanzania Film Board and other film Boards.

This Part also proposes amendment to section 31A for the
purpose of increasing government revenue through profit returns;

Written Laws (Miscellan eous Amendments)(No.3) Act, 2019
36

it also intends to increase employment and income opportunities
to the local film pra ctitioners and crew. This amendment also
intends to impart new technology to the local practitioners and
crew.

Lastly amendment to section 38(r) is intended to empower
the Minister to make regulations which shall regulate and
supervise discipline, profess ional ethics and etiquettes in the film
industry and stage play.

Part V proposes amendment to the Non -Governmental
Organization, Cap. 56. Among other things, the amendments
redefine the term “Non -Governmental Organization (NGO)” with
a view to clearly sta ting in the definition essential elements that
differentiate an NGO from other entities registered under other
written laws. Further to that, the definition clearly specifies
entities that are not NGOs. Amendment of section 4 is intended to
widening the s cope of the functions and duties of the Registrar of
NGOs which includes the ability to suspend operation of the
Non -Governmental Organization which operates contrary to the
provisions of the Act. The Registrar of NGOs is also empowered
to conduct evaluati on of the activities carried out by an NGO.
The additional of new section 4A is intended to give the Registrar
powers of conducting investigations under this Act. Section 11 is
amended by deleting subsections (3), (4), (5) and (6). The reasons
for such ame ndment are to restrict the requirement for
compliance which were under the existing law, whereby, an
organization which was registered or established under any other
written law could make an application for compliance under the
Act.

Amendment of section 17 is intended to provide for the
period for which the certificate of registration shall be valid and
the procedure for renewal of such certificates.

Written Laws (Miscellan eous Amendments)(No.3) Act, 2019
37

Amendment of section 29 is intended to require every NGO
to make available to the public the prepared an nual audited
reports. Amendment of section 31 requires the NGOs to have a
duty to adhere to the principles of financial transparency and
accountability.

Part VI proposes amendment to the Societies Act, Cap. 337,
whereby section 2 is amended in order to re define the term
“society” by stating its essential features and excluding entities
that do not qualify to be society. Apart from the amendments that
intend to differentiate a society from other entities, the Societies
Act is proposed to be amended in vario us provisions in order to
eliminate some anomalies that have been noted in the Act. Such
anomalies include unharmonised powers of Registrar of
Societies, Minister and the President whereby certain provisions
in the Act subject powers of the President to th e Minister.

Part VII proposes amendment to the Statistics Act., Chapter
351, where section 3 provides definitions of some new terms. The
definition of “non -official information” intends to elaborate the
type of information gathered through surveys and censuses whose
dissemination require consultation with the Statistician General
before they are disseminated. The definition of “survey” is
intended to clear confusion that was caused by the previous
definition and to clearly state the scope of surveys who se results
need consultation with the Statistician General before they
disseminated to the public. The definition of the term “publish”
is meant to elaborate the proper use of the concept of publishing
of statistical information.

Amendment of section 6 is intending to introduce a new
function of the National Bureau of Statistics that is to coordinate
the dissemination of statistical information. The intention of the

Written Laws (Miscellan eous Amendments)(No.3) Act, 2019
38

amendment is to make sure the disseminated statistical
information meet the required standa rds and do not mislead the
public.

Amendment of section 19 intends to extend the scope of the
powers afforded to government institutions to collect official
statistics to include powers to disseminate the same.

Amendment of section 24A intends to introdu ce the
procedures of disseminating statistics that are different from those
published by the government. Furthermore, the section introduces
the procedures for a person who is not satisfied with the
conclusion reached after the consultation to seek interve ntion
from the higher levels. The amendment further suggests to
introduce a new definition of the words “to process” with the
intention to provide the meaning intended under section 24A(1).
It is also proposed to repeal section 24B(1) as its contents are
covered under the proposed new section 24B(2). The proposed
amendments under section 24B(2) intends to introduce the
procedures to be followed for anyone intending to publish non –
official information.

Amendments proposed under section 37(4) intend to state
that it is an offence for anyone to disseminate any statistical
information contrary to provisions of this Act, and it states the
respective penalties.

Part VIII proposes amendments to the Tanzania Shipping
Agencies Act, Cap. 415. Section 2 is amended b y deleting the
words “at sea ports and inland waterways ports”. The reason for
this amendment is to broaden the scope of the application of the
Act which was limited to sea port and inland waterways port.
This broader scope will enable the Corporation to p erform the
clearing and forwarding function stipulated under section 7(1)(a)

Written Laws (Miscellan eous Amendments)(No.3) Act, 2019
39

using other modes of transport such as road, border posts, airports
and pipelines.

Section 3 is amended by introducing new definitions of new
terms which were not defined in the Act or were found to be
necessary to be defined. The purpose of such amendment is to
provide definition of the new term used in the Act for clarity and
consistency. This section also proposes amendment of some
existing definitions to clear ambiguities whic h were found during
the implementation of the Act. This section also re -defining the
term “ferry” with the view to widening the definition of ferry to
include government owned ferries.

Section 5 is also amended by improving paragraph (g) and
(h) so as to extend the objectives of the Corporation to promote
all regulated services under the maritime transport services. The
reason for such amendment is to cover all intended regulated
services under the Act and not shipping agency business only.

Section 7 is a mended by deleting the word “arms” appearing
in subsection (1) and substituting for it the firearms ” so as to
harmonize the term with the definition provided in the Firearms
and Ammunitions Control Act, Cap. 223. This section is further
amended by adding a new words “fertilizers, industrial and
domestic sugar, edible or cooking oil and wheat, oil products,
gas, liquidified gas and chemicals or any other liquid related
products appearing in paragraph (a) in order to control dumping
of products, insure confor mity and compliance with the Tanzania
Food and Drugs Authority (TFDA) requirements, safeguard
domestic industry and increase Government revenue. This
section is further amended by adding a new paragraph (d) with
the view to extend exclusive mandate of th e Corporation to
enable control of malpractices of importation and exportation of
products transported by tanker ships, pure car carriers vessel,

Written Laws (Miscellan eous Amendments)(No.3) Act, 2019
40

cruise vessel, exhibition vessel, casual caller, chartered vessel and
military ship which include minerals, mi neral concentrates,
machineries, equipment, products or extracts related to minerals
and petroleum, firearms and ammunition, live animals,
Government trophies, fertilizers, industrial and domestic sugar,
edible or cooking oil and wheat, oil products, gas, liquidified gas
and chemicals or any other liquid related products, increase its
revenue, control illegal immigrants and enhance safety and
security of the country.

Sections 10 and 11 are amended by deleting subsections (1)
in respect of each section with the view to provide proper role of
the Corporation on regulating maritime safety, maritime security
and prevention of pollution from ships and maritime activities.
The provision is amended for clarity and for enabling the
Corporation to perform effectivel y its regulatory role on maritime
safety, maritime security and prevention of pollution from ships
and maritime activities. Section 11(1)(b) is further amended to
enable the Corporation to carry out flag state control on
Tanzanian ships and port state cont rol on foreign ships.

Section 13(3) is amended by adding shareholders in the list
of persons who shall not be entitled for shipping agency licence.
The purpose is to avoid any influence which might be caused
during clearance of goods by having the same sh areholder in the
company as well as in the clearing and forwarding company
contrary to this Act.

Section 22(1) is amended by deleting the word “senior”
appearing in paragraph (g) and (i) so as to widen the scope of the
Board’s role on the appointment an d disciplinary action to all
managerial positions. This section also proposes amendment to
paragraph (h) in order to exclude disciplinary matters of other

Written Laws (Miscellan eous Amendments)(No.3) Act, 2019
41

staff from the scope of the Board’s role as it is not their
appointing authority.

Section 30 is ame nded to ensure that the source of the terms
and conditions of the Director General during appointment as
provided under sub section (2) are aligned with the terms and
conditions during renewal as provided in sub section (5). The
section is further amended in order to remove the reference to the
Board and the Minister as they are not appointing authorities of
the Director General. The purpose of amendments to this section
is to avoid unnecessary confusion during implementation.

Section 46(2) is amended in p aragraphs (a) and (b) in order to
expand the mandate of an authorized officer of the Corporation to
enter and inspect shipping agents and other regulated service
providers under this Act to ensure compliance with the regulatory
requirements by all service providers.

Lastly, this Part also proposes amendment to the Schedule,
whereby paragraph 1(1)(e) is amended in order to designate the
Ministry referred to under that paragraph as the Ministry
responsible for maritime transport. The purpose is to ensure tha t a
member of the Board under paragraph 1(1)(e) is appointed from
the Ministry responsible for maritime transport.

Part IX proposes to amend the Trustees’ Incorporation Act,
Cap.318 in order to give a clear definition the terms “trust” and
“trustees”. Am endments also proposed to ensure that some term
defined are in conformity with the provisions of other laws.

Written Laws (Miscellan eous Amendments)(No.3) Act, 2019
42

__________

MADHUMUNI NA SABABU
__________

Muswada huu unapendekeza marekebisho katika Sheria Nane
zifuatazo: Sheria ya Makampuni, (Sura ya 212) , Sheria ya
Hakimiliki, (Sura ya 218), Sheria ya Filamu na Michezo ya
Kuigiza, (Sura ya 230), Sheria ya Mashirika yasiyo ya Kiserikali,
(Sura ya 56), Sheria ya Vyama vya Kijamii, (Sura ya 337), Sheria
ya Takwimu (Sura ya 351), Sheria ya Uwakala wa Meli, (S ura ya
415) na Sheria ya Muunganisho wa Wadhamini, (Sura ya 318).

Mapendekezo ya marekebisho yanalenga kuondoa
mapungufu ambayo yamejitokeza katika Sheria hizo wakati wa
utekelezaji wa baadhi ya masharti katika Sheria husika.

Muswada huu umegawanyika kat ika Sehemu Tisa. Sehemu
ya Kwanza inahusu masharti ya utangulizi ambayo yanajumuisha
jina la Muswada na namna ambavyo masharti mbalimbali ya
sheria yanavyopendekezwa kurekebishwa.

Sehemu ya Pili inapendekeza kufanya marekebisho kwenye
Sheria ya Makampuni , Sura ya 212, (the Companies Act, Cap.
212) ambapo vinaongezwa vifungu vya 10(4) na 10A kwa lengo
la kuweka utaratibu wa makampuni kusajiliwa kulingana na
malengo au madhumuni ya kuundwa kwa kampuni husika.
Aidha, marekebisho haya yanakusudia kuondoa cha ngamoto
ambayo imejitokeza miaka ya hivi karibuni ambapo baadhi ya
makampuni yamekuwa yakisajiliwa chini ya Sheria za
Makampuni lakini malengo na madhumuni yake yangepaswa
kusajiliwa kama mashirika yasiyo ya kiserikali chini ya Sheria ya
Mashirika yasiyo y a Kiserikali, Sura ya 56. Hivyo, kwa mujibu
wa marebekisho yanayopendekezwa katika ibara ya 5,

Written Laws (Miscellan eous Amendments)(No.3) Act, 2019
43

makampuni yote yaliyosajiliwa chini ya Sheria ya Makampuni
ambayo yanajishughulisha na shughuli za kijamii yatapaswa
ndani ya kipindi cha miezi mitatu kusajiliwa chini ya Sheria ya
NGO. Lengo la marekebisho haya ni kutofautisha usajili wa
makampuni na mashirika yasiyo ya serikali. Aidha,
inapendekezwa kurekebisha kifungu cha 32(1) kwa lengo la
kuondoa mgongano wa usajili uliopo kati ya Msajili wa
makampuni chini ya Sheria ya Makampuni na Msajili wa
Mashirika yasiyo ya Kiserikali (NGO’s).

Inapendekezwa kuongeza kifungu kipya cha 400A kwa lengo
la kumpa Msajili wa makampuni mamlaka ya kuifuta kampuni
yoyote pale itakapoonekana kampuni hiyo inajihusisha na
masuala y a kijinai au masula yaliyozuiwa.

Sehemu ya Tatu inapendekeza kufanya marekebisho kwenye
Sheria ya Haki Miliki, Sura ya 218 (the Copyright and
Neighbouring Rights, Cap. 218), ambapo kifungu cha 42
kinafanyiwa marekebisho kwa lengo la kuongeza kiwango cha
adhabu kwa makosa yaliyoainishwa chini ya Sheria hii. Sehemu
hii pia inapendekeza kuongeza kifungu kipya cha 42A ambacho
kinalenga kumpa Mtendaji Mkuu uwezo wa kufififlisha makosa
na kuainisha utaratibu utakaofuatwa wakati wa kufifilisha makosa
hayo.

Sehem u ya Nne inapendekeza kufanya marekebisho kwenye
Sheria ya Filamu na Michezo ya Majukwaani, Sura ya 230 (the
Films and Stage Plays Act, Cap. 230). Katika mapendekezo hayo,
kifungu cha 2 kinarekebishwa kwa lengo la kupanua tafsiri ya
baadhi ya misamiati ili yotumika katika Sheria. Sehemu hii
inapendekeza kuongezwa kwa kifungu kipya cha 6A ambacho
kinaweka masharti mapya kuhusu utengenezaji wa filamu nchini.
Kwa mujibu wa kifungu hicho, mtu au kampuni ya kigeni
inayotaka kutumia eneo lolote la Tanzania kuteng eneza filamu

Written Laws (Miscellan eous Amendments)(No.3) Act, 2019
44

itapaswa, kuwasilisha mali ghafi iliyotumika kutengeneza filamu
husika; kubainisha maeneo ya Tanzania ambayo yametumika
katika kuandaa filamu husika; na pia kuwasilisha kwa Bodi ya
Filamu nakala ya filamu iliyotengenezwa na kuruhusu filamu au
kipande cha picha jongevu kutumiwa na Serikali ya Tanzania
kutangaza mali asili na utalii, mila na tamaduni za Mtanzania.
Aidha, mtu au kampuni hiyo itatakiwa kubainisha maeneo ya
nchi yanayofaa kwa ajili ya utayarishaji wa filamu; pamoja na
kujaza fomu ma alum kabla ya kuondoka nchini. Kifungu hiki
kinaweka adhabu kwa mtu atakayekiuka masharti hayo.
Marekebisho mengine katika kifungu hiki yanamtaka mtu au
kampuni yoyote ya filamu kuhakikisha inawakatia bima watu
wote watakaohusika katika kutengeneza filamu.

Kifungu cha 10 cha Sheria hii kinarekebishwa kwa kuongeza
kumbi/vibanda vinavyoonyesha video katika usimamizi na
uratibu wa kumbi za sinema na vibanda vinavyoonyesha video.
Lengo la kuongeza vibanda au kumbi za kuonyesha video katika
kifungu hiki ni kur asimisha kumbi hizo ambazo awali
hazikupewa masharti ya kisheria. Marekebisho hayo yanakusudia
kuboresha usimamizi na kuweka viwango vya ubora wa maeneo
hayo, kuongeza kipato kupitia maboresho ya usambazaji wa
filamu kwa watendaji wa filamu pamoja na kuong eza mapato ya
Serikali kwa kuongeza chanzo kipya cha mapato.

Kifungu cha 14(2) cha Sheria hii kinafanyiwa marekebisho
eneo la majukumu ya Bodi ya Filamu kwa lengo la kuimarisha
uhusianao na ushirikiano kati ya Bodi ya Filamu na Bodi
nyingine za filamu.

Mapendekezo haya yanaongeza kifungu kipya cha 34A.
Kifungu hiki kinamtaka mtu au kampuni ya filamu ya kigeni
kuwasilisha sehemu ya faida (profit returns) itokanayo na kazi za
filamu zinazotayarishwa nchini. Kifungu hiki kinatoa mamlaka

Written Laws (Miscellan eous Amendments)(No.3) Act, 2019
45

kwa Bodi ya Filamu k uratibu na kusimamia idadi ya watendaji
kutoka nje ya nchi na kuweka masharti ya kisheria kutumia
wazawa katika timu zao za uzalishaji na kuweka taratibu za
kutumia au kutembelea maeneo mashuhuri ya nchini kwa ajili ya
shughuli za filamu. Lengo la kifungu hiki ni kuongeza mapato ya
Serikali, kutengeneza ajira nchini, kulinda na kutangaza maeneo
mashuhuli ya Tanzania kwa ajili ya kutengeneza filamu pamoja
na kupata teknolojia mpya kutoka kwa wangeni kupitia ajira.

Marekebisho yanafanywa kwenye kifungu kido go cha 38(r)
kinachompa mamlaka Waziri mwenye dhamana na masuala ya
Filamu na Michezo ya Majukwaani kutunga kanuni za kusimamia
taaluma ya Filamu na Michezo ya Majukwaani pamoja na
nidhamu kwa watendaji katika sekta ya filamu.

Sehemu ya Tano inapendekeza marekebisho kwenye Sheria
ya Mashirika yasiyo ya Kiserikali, Sura ya 56. Marekebisho
yanafanywa kwenye kifungu cha 2 kwa lengo la kutoa tafsiri ya
maneno ambayo yametumika katika sheria lakini hayakuwa na
tafsiri. Marekebisho ya kifungu cha 4 yanalenga ku panua wigo
wa majukumu na wajibu wa Mkurugenzi wa Uratibu wa NGO ili
kumwezesha kuzuia shirika lisilo la kiserikali kutekeleza
majukumu yake endapo shirika hilo litakuwa linatekeleza
majukumu yake kinyume na Sheria, na kutathmini shughuli
zinazotekelezwa n a NGO. Kifungu kipya cha 4A kinampa Msajili
mamlaka ya kufanya uchunguzi wa mwenendo wa shirika lolote
lililo chini yake. Kifungu cha 11 kinarekebishwa ili kuwianisha
masharika ya Sheria ya NGO na marekebisho yaliyofanyika
katika Sheria ya Makam
puni, Sher ia ya Vyama vya Kijamii na Sheria ya
Miunganisho ya Wadhamini ambapo sheria hizi zote sasa
zinatambua usajili utakaofanywa chini ya Sheria ya NGO.
Marekebisho ya kifungu cha 17 yanalenga kuweka ukomo wa
leseni ya usajili na utaratibu wa kuomba upya leseni inayoisha

Written Laws (Miscellan eous Amendments)(No.3) Act, 2019
46

wakati wake. Marekebisho ya kifungu cha 29 yanalenga kulitaka
kila shirika lisilokuwa la kiserikali kuhakikisha kwamba taarifa
za ukaguzi za mahesabu za mwaka zinawekwa wazi kwa umma.
Marekebisho ya kifungu cha 31yanayataka mashirika yasiyo ya
kiserikali kuhakikisha kwamba wanafuata kanuni za fedha za
uwazi na uwajibikaji.

Sehemu ya Sita inapendekeza kurekebisha Sheria ya Vyama
vya Kijamii, Sura ya 337, (the Societies Act, Cap. 337), ambapo
kifungu cha 2 kinapendekezwa kufanyiwa marekebisho ili
kuyatambua ndani ya Sheria hii mashirika au taasisi zote
zilizoanzishwa chini ya Sheria ya Mashirika yasiyo ya Kiserikali
na hivyo kuyafanya yawajibike chini ya Sheria ya NGO.

Sehemu ya Saba inapendekeza kufanya marekebisho kwenye
Sheria ya Takwimu, Sura ya 351, katika kifungu cha 3 kwa kutoa
tafsiri mpya ya baadhi ya misamiati. Tafsiri ya misamiati taarifa
za kitakwimu “ statistical information ” yana lenga kutoa ufafanuzi
wa aina ya taarifa za kitakwimu zinazotokana na sensa na tafiti
ambazo usambazaji wak e kwa umma unahitaji majadiliano na
Mtakwimu Mkuu wa Serikali. Aidha tafsiri ya neno “survey”
inalenga kuondoa mkanganyiko uliokuwa kwenye tafsiri ya awali
na kubainisha wigo ( scope ) wa tafiti ambazo matokeo yake
yanahitaji majadiliano na Mtakwimu Mkuu wa Serikali kabla ya
kusambazwa. Tafsiri ya msamiati kusambaza “publish” inalenga
kutoa ufafanuzi wa matumizi sahihi wa dhana ya uchapishaji wa
taarifa za kitakwimu.

Marekebisho ya kifungu cha 6 yanapendekeza kuongeza
jukumu jipya kwa Ofisi ya Taifa ya Takwim u la kuratibu utoaji
wa taarifa za kitakwimu. Lengo la marekebisho haya ni
kuhakikisha kuwa taarifa za kitakwimu zinazotolewa zinakidhi
viwango na hazipotoshi umma.

Written Laws (Miscellan eous Amendments)(No.3) Act, 2019
47

Marekebisho ya kifungu cha 19 yanalenga kupanua wigo kwa
taasisi za Serikali zilizopewa mam laka ya kukusanya takwimu
kwa mujibu wa Sheria kuweza kusambaza takwimu hizo.

Marekebisho ya kifungu cha 24A yanalenga kuweka
utaratibu wa kutoa matokeo ya takwimu zinazotofautiana na
takwimu zilizotangazwa na Serikali. Aidha, kifungu hiki
kinaweka utara tibu wa kumwezesha mtu ambaye hakuridhika na
matokeo ya majadiliano kuchukua hatua zaidi ili kufikia muafaka.
Marekebisho pia kwenye kifungu hiki yanapendekeza kutoa
tafsiri mpya ya maneno “ to process ” kwa lengo la kutoa
ufafanuzi sahihi wa neno hilo kama ilivyokusudiwa katika
kifungu cha 24A(1).Vilevile kifungu cha 24B(1) kinapendekezwa
kufutwa kutokana na sababu kwamba maudhui ya kifungu hiki
yamezingatiwa katika mapendekezo ya maboresho ya kifungu
cha 24B(2). Kifungu cha 24B(2) kinarekebishwa kwa lengo la
kuweka utaratibu wa kusambaza taarifa za kitakwimu
zinazotokana na tafiti au sensa ambazo zinatoa uwakilishi wa
ngazi ya Wilaya, Mkoa au Taifa. Marekebisho haya pia
yanalenga kuainisha takwimu zinazoweza kutolewa au
kuchapishwa bila hitaji la kufanya ma jadiliano na Mtakwimu
Mkuu wa Serikali.

Sehemu ya Nane inapendekeza kufanya marekebisho kwenye
Sheria ya Wakala wa Meli Tanzania, (Sura ya 415) (the Tanzania
Shipping Agencies Act, Cap. 415) ambapo kifungu cha 2
kinarekebishwa kwa lengo la kupanua wigo wa matumizi ya
Sheria . Wigo mpana unaopendekezwa utaliwezesha Shirika
kutekeleza majukumu yake ya kipekee ya uwakala wa forodha na
uondoshaji wa shehena.

Kifungu cha 3 kinarekebishwa kwa kuongeza tafsiri za
maneno ambayo hayakutafsiriwa ndani ya Sheria na k uongeza
maneno mapya ambayo yameonekana ni muhimu yakatafsiriwa

Written Laws (Miscellan eous Amendments)(No.3) Act, 2019
48

kwa mujibu wa Sheria hii. Pia tafsiri mpya ya neno “ ferry ”
imetolewa kwa lengo la kupanua tafsiri ya neno hilo ili
kujumuisha vivuko vinavyomilikiwa na Serikali. Lengo ni
kuondoa utata unaow eza kujitokeza wakati wa utekelezaji wa
Sheria. Aidha, tafsiri za baadhi ya maneno zimefanyiwa
maboresho ili kukidhi madhumuni ya marekebisho
yanayopendekezwa.

Kifungu cha 5 pia kinarekebishwa kwa kuboresha aya (g) na
(h) ili kuongeza wigo wa malengo ya S hirika kwa ajili ya kukuza
huduma zote zinazodhibitiwa chini ya usafirishaji kwa njia ya
maji. Sababu za marekebisho haya ni kujumuisha huduma zote
zinazodhibitiwa na Shirika na sio huduma ya uwakala wa meli
pekee kama ilivyokuwa katika haya hiyo.

Kifungu cha 7 kinarekebishwa kwa kufuta neno “arms”
linalojitokeza katika kifungu kidogo cha (1) na badala yake
kuweka neno “firearms ”. Sababu za marekebisho hayo ni
kuwianisha neno hilo na tafsiri ya neno hilo kama ilivyotolewa
kwenye Sheria ya Kusimamia Silaha , Sura ya 223 (the Firearms
and Ammunitions Control Act, Cap. 223). kinarekebishwa pia
kwa kuongeza maneno mapya “fertilizers, industrial and domestic
sugar, edible or cooking oil and wheat, oil products, gas,
liquidified gas and chemicals or any other li quid related
products,” kwenye aya (a) ili kuzuia kingizwa nchini kwa bidhaa
ambazo hazina ubora pamoja na kuzingatia matakwa ya TFDA.
Kifungu kinarekebishwa pia kwa kuongeza aya mpya ya (d) kwa
lengo la kulipa Shirika mamlaka ya kipekee ya kufanya uwakala
wa meli ili kusimamia udanganyifu unaoweza kujitokeza wakati
wa uagizaji na usafirishaji wa shehena za bidhaa zinazosafirishwa
kwa njia ya meli za kusafirisha gesi na vimiminika
vinavyojumuisha mafuta, bidhaa za mafuta, gesi, kemikali na
bidhaa nyingine z inazohusiana, kuongeza pato la Serikali,

Written Laws (Miscellan eous Amendments)(No.3) Act, 2019
49

kudhibiti uhamiaji haramu na kuongeza ufanisi kwenye ulinzi na
usalama wa nchi.

Vifungu vya 10 na 11 vinarekebishwa kwa kufuta vifungu
vidogo vya (1) vya kila kifungu kwa lengo la kuweka wigo sahihi
wa Shirika kwen ye udhibiti, usalama na ulinzi wa usafiri majini
na uzuiaji wa uchafuzi unaotokana na vyombo vya usafiri majini
na shughuli za usafiri majini. Sababu za marekebisho haya ni
kuweka ufafanuzi wa vifungu hivyo na kuliwezesha Shirika
kutekeleza kwa ufanisi kwa mujibu wa Sheria hii. Kifungu cha
11(1)(b) kimerekebishwa ili kuliwezesha Shirika kufanya udhibiti
wa meli za Tanzania na meli za nchi za kigeni.

Kifungu cha 13(3) kinarekebishwa kwa kuongeza mwanahisa
kwenye orodha ya watu ambao hawawezi kupewa leseni y a
kufanya uwakala wa meli. Sababu ni kuzuia ushawishi unaoweza
kufanywa na mwanahisa katika maamuzi ya kampuni ya uwakala
wa forodha na uondoshaji wa mizigo kinyume cha Sheria hii.

Kifungu cha 22(1) kinarekebishwa kwa kufuta neno “senior”
linalojitokeza kwenye aya (g) na (i) ili kupanua wigo wa
majukumu ya Bodi kwenye uteuzi na hatua za kinidhamu kwa
watumishi wa ngazi zote za uongozi. Kifungu pia kinapendekeza
marekebisho kwenye aya (h) kwa lengo la kuondoa masuala ya
kinidhamu ya watumishi wasio wa kada ya uongozi kutoka
kwenye wigo wa majukumu ya Bodi kwa vile sio mamlaka yao
ya uteuzi.

Kifungu cha 30 kimerekebishwa ili kuhakikisha kwamba
msingi wa vigezo na masharti ya ajira ya Mkurugenzi Mkuu
wakati wa uteuzi kama yalivyoainishwa kwenye kifungu kidog o
cha (2) yanauwiana na vigezo na masharti ya ajira wakati wa
kuongeza muda wa ajira kama ilivyoainishwa kwenye kifungu
kidogo cha (5). Kifungu kinarebishwa pia ili kuondoa rejea ya

Written Laws (Miscellan eous Amendments)(No.3) Act, 2019
50

Bodi na Waziri kwa vile siyo mamlaka za uteuzi wa Mkurugenzi
Mkuu. Sababu ya marekebisho ya kifungu hiki ni kuepuka
mkanganyiko unaoweza kujitokeza wakati wa utekelezaji.

Marekebisho pia yanafanyika kwenye kifungu cha 31 kwa
lengo la kuainisha sifa/vigezo mbadala vya mtu anayefaa
kuteuliwa kuwa Msajili chini ya Sheria hii.

Kif ungu 46(2) kinarekebishwa katika aya za (a) na (b) kwa
lengo la kupanua mamlaka ya Afisa wa Shirika aliyeidhinishwa
kwa ajili ya kuingia na kufanya ukaguzi wa mawakala wa meli na
watoa huduma wengine wanaodhibitiwa chini ya Sheria hii ili
kuhakikisha uzing atiwaji wa matakwa ya udhibiti.

Sehemu ya Tisa inapendekeza kurekebisha Sheria ya
Miunganisho ya Wadhamini, Sura ya 318, (the Trustees’
Incorporatin Act, Cap. 318) ambapo kifungu cha 2(1)
kinapendekezwa kifanyiwe marekebisho kwa kuongeza tafsiri ya
baadhi ya maneno ambayo yameonekana ni vyema yakatafsiriwa
ili kuweka uelewa wa pamoja ndani ya Sheria hii. Marekebisho
pia yanapendekeza kuboresha baadhi ya vifungu kutokana na
mabadiliko kwenye sheria nyingine ili kuwa na maana
inayofanana ndani ya sheria hiz o.

Dodoma, ADELARDUS L. KILANGI ,
25 Mei , 2019 Mwanasheria Mkuu wa Serikali

-->