Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1694430121425.pdf (Tanzania, United Republic of)
No.

9 Written Laws (Miscellaneous Amendments) (No.

5) Act 2021 ISSN 0856 – 0331X THE UNITED REPUBLIC OF TANZANIA No.

9 11th October, 2021 ACT SUPPLEMENT to the Special Gazette of the United Republic of Tanzania No.41.

Vol.102 dated 11th October, 2021 Printed by the Government Printer, Dodoma by Order of Government THE WRITTEN LAWS (MISCELLANEOUS AMENDMENTS) (NO.

5) ACT, 2021 PART I PRELIMINARY PROVISIONS Short title.

1.

2.

Amendment of certain written laws.


PART II AMENDMENT OF THE ANTI-TRAFFICKING IN PERSONS ACT, (CAP.432) 3.

Construction.

4.

Amendment of section 3.

5.

Amendment of section 6.

6.

Addition of section 8A.

7.

Amendment of section 9.

8.

Repeal and replacement of section 10.

9.

Amendment of section 12.

10.

Amendment of section 26.

11.

Amendment of section 30.

12.

Amendment of section 31.

13.

Addition of section 34A.

PART III AMENDMENT OF THE DRUG CONTROL AND ENFORCEMENT ACT, (CAP.
95) 14.

Construction.

15.

Amendment of section 2.

1 No.

9 Written Laws (Miscellaneous Amendments) (No.

5) Act 2021 16.

Amendment of section 4.

17.

Amendment of section 14.

18.

Amendment of section 15.

19.

Amendment of section 15A.

20.

Amendment of section 17.

PART IV AMENDMENT OF THE EMPLOYMENT AND LABOUR RELATIONS ACT, (CAP.

366) 21.

Construction.

22.

Amendment of section 2.

PART V AMENDMENT OF THE GRAZING LAND AND ANIMAL FEED RESOURCES ACT, (CAP.

180) 23.

Construction.

24.


Amendment of section 6.

25.

Amendment of section 7.

PART VI AMENDMENT OF THE IMMIGRATION ACT, (CAP.

54) 26.

Construction.

27.

Amendment of section 3.

28.

Amendment of section 4.

PART VII AMENDMENT OF THE MEAT INDUSTRY ACT, (CAP.

421) 29.

Construction.

30.

Addition of section 10A.

31.

Addition of sections 13A and 13B.

32.

Amendment of section 16.

33.

Amendment of section 17.

34.

Amendment of section 33A.

2 No.


9 Written Laws (Miscellaneous Amendments) (No.

5) Act 2021 PART VIII AMENDMENT OF THE POLICE FORCE, TANZANIA IMMIGRATION SERVICES DEPARTMENT AND PRISONS SERVICE COMMISSION ACT, (CAP.

241) 35.

Construction.

36.

Amendment of section 19A.

PART IX AMENDMENT OF THE PUBLIC SERVICE SOCIAL SECURITY FUND ACT, (CAP.

371) 37.

Construction.

38.

Amendment of section 40.

PART X AMENDMENT OF THE TANZANIA WILDLIFE RESEARCH INSTITUTE ACT, (CAP.

260) 39.

Construction.

40.


Amendment of section 3.

41.

Amendment of section 4.

42.

Amendment of section 5.

43.

Amendment of section 10.

44.

Amendment of section 11.

45.

Addition of sections 11A and 11B.

46.

Amendment of section 13.

47.

Addition of section 13A.

48.

Repeal and replacement of section 14.

49.

Amendment of section 21.

3 No.

9 Written Laws (Miscellaneous Amendments) (No.

5) Act 2021 4 No.

9 Written Laws (Miscellaneous Amendments) (No.


5) Act 2021 THE UNITED REPUBLIC OF TANZANIA NO.

9 OF 2021 I ASSENT SAMIA SULUHU HASSAN President [28th September, 2021] An Act to amend certain written laws.

ENACTED by the Parliament of the United Republic of Tanzania.

PART I PRELIMINARY PROVISIONS Short title 1.

This Act may be cited as the Written Laws (Miscellaneous Amendments) (No.5) Act, 2021.

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 ANTI-TRAFFICKING IN PERSONS ACT, (CAP.

432) Construction Cap.

432 3.

This Part shall be read as one with the Anti- Trafficking in Persons Act, hereinafter referred to as the “principal Act”.

Amendment of section 3 4.

The principal Act is amended in section 3, by- (a) adding the words “in the case of Mainland 5 No.
9 Written Laws (Miscellaneous Amendments) (No.
5) Act 2021 Tanzania or the Regional Court in the case of the Tanzania Zanzibar” words “District Court” appearing the definition of the term “court”; immediately after in (b) deleting the definition terms “exploitation”, “security services” and “social welfare officer” and substituting for them the following: the of ““exploitation” includes- (a) keeping a person in a state of slavery; (b) subjecting a person to practices similar to slavery; (c) involuntary servitude; (d) forcible or fraudulent use of any human being for removal of organs or body parts; (e) forcible or fraudulent use of any human being to take part in armed conflict; (f) forced labour; (g) sexual exploitation; (h) forced marriage; or (i) forced bergging; “security services” includes the police, Tanzania Revenue Authority, immigration, Anti-Trafficking in Persons Secretariat, Ministry responsible for social welfare, Ministry labour and employment, local government authority and the Tanzania Intelligence and Security Services;; responsible for “social welfare officer” means a social the in welfare officer Government;”; and the service of (c) adding in the appropriate alphabetical order the following definition: ““victim of trafficking in persons” means a person against whom an act of trafficking under section 4 has been committed;”.
6 No.

9 Written Laws (Miscellaneous Amendments) (No.

5) Act 2021 Amendment of section 6 5.

The principal Act is amended in section 6 by adding immediately after subsection (4) the following: Addition of section 8A Amendment of section 9 Repeal and replacement of section 10 “(5) Notwithstanding the provisions of any written law to the contrary, an offence under this section shall be tried in the High Court.”.

6.

The principal Act is amended by adding immediately after section 8 the following: 8A.
Any “Attempt to commit offence person who attempts to commit an offence under this Part shall, on conviction, be liable to a fine of not less than one million shillings but not exceeding five million shillings or imprisonment for a term of not less than six months but not exceeding one year, or to both.”.

7.

The principal Act is amended in section 9 by adding immediately after subsection (5) the following: “(6) Any person who contravenes the provisions of this section commits an offence.”.

8.
8.

The principal Act is amended by repealing section 10 and replacing for it the following: “Reporting of offences any 10.-(1) A person who possesses information person about committing an offence of trafficking in persons shall immediately report the offence to the police officer or any person in the security services within the locality.

(2) Any who contravenes subsection (1) commits an offence.
person the (3) Where information under subsection (1) is reported to a person other than a police officer, such person shall convey the information to the nearest police station.”.

7 No.

9 Written Laws (Miscellaneous Amendments) (No.

5) Act 2021 Amendment of section 12 9.


The principal Act is amended in section 12 by adding immediately after subsection (2) the following: “(3) Where an arrest under this Act is carried out by an officer from another shall security immediately hand over the arrested person to the nearest police station.”.

such officer service, Amendment of section 26 10.


The principal Act is amended in section 26, by- (a) designating the content of section 26 as subsection (1); and (b) adding immediately after subsection (1) as designated the following: “(2) The sale proceeds of any property confiscated or forfeited under this the Act may, subject Minister finance, be deposited in the Fund.”.

to approval of responsible for Amendment of section 30 Amendment of section 31 11.
The principal Act is amended in section 30 by the deleting subsection (2) and substituting for following: it “(2) The Anti-Trafficking Commi- ttee shall be supported by a Secretariat which shall consist of such number of persons appointed by the Minister after consultation with the Minister responsible for public service.”.

12.
12.

The principal Act is amended in section 31- (a) in subsection (1), by- (i) adding immediately after paragraph (l) the following: “(m) a law officer from the National Prosecutions Service not below the designation of an assistant director;”; and (ii) renaming paragraphs (m) and (n) as paragraphs (n) and (o) respectively; and (b) by adding immediately after subsection (2) the following: 8 No.

9 Written Laws (Miscellaneous Amendments) (No.


5) Act 2021 “(3) A member of the Committee shall, unless his appointment is otherwise terminated, hold office for three years and may be eligible for re-appointment for one further term.”.

Addition of section 34A 13.

The principal Act is amended by adding immediately after section 34 the following: “General penalty 34A.
Any person who commits an offence under this Act for which no specific penalty is prescribed shall, on conviction, be liable to a fine of not less than one million shillings but not exceeding ten million shillings or imprisonment for a term of not less than one year but not exceeding three years, or to both.”.

PART III AMENDMENT OF THE DRUG CONTROL AND ENFORCEMENT ACT, (CAP.

95) Construction Cap.

95 14.


This Part shall be read as one with the Drug Control and Enforcement Act, hereinafter referred to as the “principal Act”.

Amendment of section 2 Amendment of section 4 15.

The principal Act is amended in section 2 by adding in the appropriate alphabetical order the following definition: ““substance with drug related effect” means a substance with properties presenting a risk of abuse as a drug and may pose a threat to public health;”.

16.
16.

The principal Act is amended in section 4 by deleting subsections (5) and (6) and substituting for them the following: addictive “(5) For purposes of controlling drug, drug abuse and trafficking in drugs, diversion of precursor chemicals and 9 No.

9 Written Laws (Miscellaneous Amendments) (No.


5) Act 2021 controlled pharmaceuticals, any other authority vested with powers to issue permit or licence to deal or engage in drug, precursor chemicals or substances with the related effects, shall notify drug Authority before issuing import or export permit, licence or certificate.

(6) The Authority may make rules for better implementation of its functions under this Act.”.

Amendment of section 14 17.


The principal Act is amended in section 14 by inserting the words “Without prejudice to the drugs, psychotropic substances or precursor chemicals prohibited under any other written laws,” immediately before the words “The list” appearing at the beginning of subsection (1).

Amendment of section 15 18.

The principal Act is amended in section 15(3) by deleting the word “fifty” appearing in paragraph (iii) and substituting for it the words “one hundred”.
Amendment of section 15A by- 19.

The principal Act is amended in section 15A, (a) inserting the words “of not than” immediately after the word “term” appearing in subsection (1); and less (b) deleting the word “fifty” appearing in subsection (2)(c) and substituting for it the words “one hundred”.

Amendment of section 17 20.

The principal Act is amended in section 17(1) by inserting the words “commits an offence and” between the words “substance” and “shall”.

10 No.
10 No.

9 Written Laws (Miscellaneous Amendments) (No.

5) Act 2021 PART IV AMENDMENT OF THE EMPLOYMENT AND LABOUR RELATIONS ACT, (CAP.

366) Construction Cap.

366 21.

This Part shall be read as one with the Employment and Labour Relations Act, hereinafter referred to as the “principal Act”.

Amendment of section 2 by- 22.


The principal Act is amended in section 2(1), (a) deleting the word “or” appearing at the end of paragraph (iv); (b) deleting the fulstop appearing at the end of it a (v) and substituting paragraph semicolon and the word “or”; and for (c) adding immediately after paragraph (v) the following: “(vi) Department.”.

the Immigration Services PART V AMENDMENT OF THE GRAZING LAND AND ANIMAL FEED RESOURCES ACT, (CAP.

180) Construction Cap.

180 23.


This Part shall be read as one with the Grazing Land and Animal Feed Resources Act, hereinafter referred to as the “principal Act”.

Amendment of section 6 24.

The principal Act is amended in section 6(3) by inserting the words “management and development of grazing land control,” between the words “for the” and “manufacture” appearing in paragraph (e).

Amendment of section 7 by- 25.


The principal Act is amended in section 7(2), (a) adding the words “range management,” in” the words “degree immediately after appearing in paragraph (a); and (b) deleting the words “animal range” appearing in 11 No.

9 Written Laws (Miscellaneous Amendments) (No.

5) Act 2021 paragraph (b) and substituting for them the words “range management”.

PART VI AMENDMENT OF THE IMMIGRATION ACT, (CAP.

54) Construction Cap.

54 26.


This Part shall be read as one with the Immigration Act, hereinafter referred to as the “principal Act”.

Amendment of section 3 27.

The principal Act is amended in section 3 by adding in the appropriate alphabetical order the following definition: “Ministry” means the Ministry responsible for matters relating to immigration;”.

Amendment of section 4 28.
The principal Act is amended in section 4, by- (a) deleting the words “responsible for Home Affairs” appearing in subsection (1); and (b) adding immediately after subsection (2) the following: “(3) The Department established under subsection (1) shall be a Force within the Ministry and in that capacity- (a) (b) it shall be governed in a manner and style similar to other forces within the Ministry; and it shall have all the rights and privileges enjoyed by other forces within the Ministry.
(4) The Minister may make regulations prescribing the rights and privileges which may be enjoyed the by Department.”.

immigration officers of 12 No.

9 Written Laws (Miscellaneous Amendments) (No.

5) Act 2021 PART VII AMENDMENT OF THE MEAT INDUSTRY ACT, (CAP.

421) Construction Cap.

421 29.

This Part shall be read as one with the Meat Industry Act, hereinafter referred to as the “principal Act”.

Addition of section 10A 30.


The principal Act is amended by adding immediately after section 10 the following: “Delegation of functions 10A.-(1) The Board may, upon recommendation by the Registrar and after consultation with the Minister, delegate some of its functions to a local government authority.

(2) The functions delegated shall be under (1) performed under the supervision of the Registrar.”.

subsection Addition of sections 13A and 13B 31.


The principal Act is amended by adding immediately after section 13 the following: “Establishment of zonal offices 13A.-(1) The Board may, upon recommendation by the Registrar and after consultation with the Minister, establish zonal offices as it may deem necessary for better carrying out and implementation of the functions of the Board.
(3) The zonal officer in-charge shall be appointed from amongst livestock science professionals with proven experience in the meat industry.

food or Appointment of inspectors and graders in 13B.-(1) The Minister may, by the Gazette, order published appoint meat industry inspectors, meat graders and livestock graders from amongst livestock or food science professionals in the public service 13 No.

9 Written Laws (Miscellaneous Amendments) (No.


5) Act 2021 who shall perform functions within specified areas.

functions of meat (2) The tenure, powers, duties and industry inspectors, meat graders and livestock graders shall be prescribed in the regulations.

(3) Without prejudice to subsection (1), any person employed by the Board as a livestock or food science professional shall be deemed to be a meat industry inspector from the date of employment.”.

Amendment of section 16 32.


The principal Act is amended in section 16(4)(a) by adding immediately after subparagraph (iv) the following: “(v) other meat industry stakeholders;”.

Amendment of section 17 33.


The principal Act is amended in section 17, by- (a) deleting the words “livestock producer, or livestock market operator after trader or complying with the conditions prescribed by the Board” appearing in subsection (2) and substituting for them the words “meat industry stakeholder the conditions prescribed in the regulations”; and (b) deleting the words “by the Board” appearing in subsection (3) and substituting for them the words “in the regulations”.
complying with after Amendment of section 33A 34.

The principal Act is amended in section 33A(2) by inserting the word “not” between the words “but” and “exceeding”.

14 No.

9 Written Laws (Miscellaneous Amendments) (No.

5) Act 2021 PART VIII AMENDMENT OF THE POLICE FORCE, TANZANIA IMMIGRATION SERVICES DEPARTMENT AND PRISONS SERVICE COMMISSION ACT, (CAP.

241) Construction Cap.

241 35.


This Part shall be read as one with the Police Force, Tanzania Immigration Services Department and Prisons Service Commission Act, hereinafter referred to as the “principal Act”.

Amendment of section 19A 36.

The principal Act is amended in section 19A by adding the words “the Commissioner General of Immigration” the word “Prisons” appearing in subsection (1).

immediately after PART IX AMENDMENT OF THE PUBLIC SERVICE SOCIAL SECURITY FUND ACT, (CAP.

371) Construction Cap.


371 37.

This Part shall be read as one with the Public Service Social Security Fund Act, hereinafter referred to as the “principal Act”.

Amendment of section 40 38.

The principal Act is amended in section 40(3) by adding the words “the Commissioner General of Immigration” the word “Prisons” appearing in paragraph (c).

immediately after PART X AMENDMENT OF THE TANZANIA WILDLIFE RESEARCH INSTITUTE ACT, (CAP.

260) Construction Cap.

260 39.


This Part shall be read as one with the Tanzania Wildlife Research Institute Act, hereinafter referred to as the “principal Act”.

Amendment of section 3 40.

The principal Act is amended in section 3, by- (a) deleting the definition of the term “Director of Game”; 15 No.

9 Written Laws (Miscellaneous Amendments) (No.

5) Act 2021 (b) deleting the definition of the term “wildlife” Cap.
283 and substituting for it the following: ““wildlife” has the meaning ascribed to it under the Wildlife Conservation Act;”; and (c) adding in the appropriate alphabetical order the following definitions: ““CITES” means the Convention on International Trade in Endangered Species of Wild Fauna and Flora of 1973 and includes any appendices thereto and any resolutions of the Conferences of the Parties; “Director” means the Director of Wildlife appointed under section 7 of the Cap.
283 Wildlife Conservation Act;; “research” means a systematic study conducted in order to develop, verify and disseminate appropriate technologies for the benefit of stakeholders in the wildlife industry;”.

Amendment of section 4 41.

The principal Act is amended in section 4(1) by adding the phrase “or in its acronym “TAWIRI” which shall be the leading institute responsible for wildlife research” immediately after the word “Institute”.

Amendment of section 5 by- 42.


The principal Act is amended in section 5(1), (a) adding immediately after paragraph (k) the following: “(l) to provide scientific advice for wildlife protected under CITES; (m) Subject to consultation with the Minister, to establish and manage forensic laboratories and collect forensic data on wildlife genetic resources.

to conduct wildlife census and monitoring of wildlife population in Mainland Tanzania; and”; and 16 (n) No.

9 Written Laws (Miscellaneous Amendments) (No.


5) Act 2021 (b) renaming paragraph (l) as paragraph (o).

Amendment of section 10 Amendment of section 11 43.
The principal Act is amended in section 10, by- (a) adding sample” and the word “information” the words immediately after appearing in subsection (1); and “data (b) deleting subsection (2) and substituting for it the following: “(2) Any person who contravenes or fails to comply with subsection (1) commits an offence and shall, upon conviction, be liable to a fine of not less than shillings but not exceeding five million shillings or to imprisonment for a term of not less than six months but not exceeding two years.”.
two million “data the words 44.
The principal Act is amended in section 11, by- (a) adding sample” and the word “information” immediately after wherever it appears in subsections (1) and (2); (b) deleting the words “not exceeding fifteen thousand shillings” appearing in subsection (2) and substituting for them the phrase “of not two million shillings but not less to exceeding seven million shillings or imprisonment for a term of not less than one year but not exceeding three years”; and than (c) adding immediately subsection (2) the following: “(3) In addition to the penalty under subsection (2) and subject to the procedures prescribed in the regulations, any permit issued to a person convicted under this section may be revoked.”.
Addition of sections 11A and 11B 45.

The principal Act is amended by adding immediately after section 11 the following: “Intellectual property on invention 11A.-(1) Any rights to an invention or discovery in wildlife research shall- (a) in the case of research 17 No.

9 Written Laws (Miscellaneous Amendments) (No.

5) Act 2021 (b) by the conducted Institute, be owned by the Institute; and in the case of research conducted by the Institute and another person, be co-owned by the the researcher Institute.
and (2) Any person who intends to use an invention or discovery under seek written shall subsection permission from the researcher and the Institute.

(1) 11B.

Any person who conducts wildlife research in Mainland Tanzania shall not publish or cause to be published the results of such research unless the person has obtained approval of the Institute.”.

Restriction to publish Amendment of section 13 by- 46.
The principal Act is amended in section 13(2), (a) adding immediately after paragraph (d) the following: “(e) prescribing for registration of local and foreign wildlife researchers and the mode of application, refusal and cancellation of registration; (f) for coordinating wildlife research projects and allied scientific research carried in Mainland Tanzania; (h) regarding the ownership of intellectual property including wildlife research data and information and research discovery; rights (i) prescribing conditions for export of wildlife specimens or samples; (j) prescribing research fees and charges; 18 No.
9 Written Laws (Miscellaneous Amendments) (No.

5) Act 2021 (k) for conducting physical and chemical (l) wildlife immobilization; prescribing procedures engagement of research associates; regarding (m) prescribing procedures for publication of wildlife research findings; and”; and; renaming paragraph (e) as paragraph (n).

(b) Addition of section 13A 47.

The principal Act is amended by adding immediately after section 13 the following: Repeal and replacement of section 14 “Appeals 13A.
Any person who is aggrieved by the decision of the Institute when implementing any provision of this Act may, within thirty days upon receipt of such decision, appeal to the Minister.”.

48.
48.

The principal Act is amended by repealing section 14 and replacing for it the following: “Appointment, functions and powers of Director General shall be a 14.-(1) There Director General of Institute the appointed by the President on the advice of the Minister from amongst relevant persons who qualifications and competence to manage efficiently and effectively the affairs of the Institute.
possess (2) A person shall be eligible for appointment as a Director General if that person is a citizen of Tanzania with high level of intergrity and possesses- (a) a doctorate degree in wildlife or related sciences from recognised a university; (b) proven knowledge and experience of at least ten years in matters relating to wildlife and development; and research 19 No.

9 Written Laws (Miscellaneous Amendments) (No.


5) Act 2021 (c) at least seven years experience in a managerial position of any research related institute.
(3) The Director General shall be the Chief Executive Officer of the Institute and shall be responsible for- (a) day to day operations and affairs of the Institute; (b) mobilisation and funds, management properties and business of the Institute; (c) administration, of staff of organisation and manage- ment of the Institute and discipline of the employees other than management staff of the Institute; and (d) coordination and imple- menttation of policies and programmes the Institute.”.
of Amendment of section 21 49.

The principal Act is amended in section 21, by- (a) adding immediately after paragraph (c) the following: “(d) such sums or contributions as the Institute may the Tanzania Wildlife Protection Fund;”; and receive from (b) renaming paragraph (d) as paragraph (e).

Passed by the National Assembly on the 7th September, 2021.

NENELWA J. MWIHAMBI Clerk of the National Assembly 20