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NAKALA MTANDAO (ONLINE DOCUMENT)

SCHEDULE

THIRD COLUMNSECOND COLUMNFIRST COLUMNSection 2 is amended-The Banking andAct No. 12

subsection (3) anddeletingby(a)Financial InstitutionsAct, 1991

of 1991

Written Laws (Miscellaneous Amendments)

substituting for it the following-11(3) The Bank may, with theapproval of the Minister and by

in thenotice publishedtheorder thatGazette,

provisions of this Act or anypart thereof shall, subject tosuch terms and conditions as it

tomay applyimpose,institutions involved in the

financialofbusinessintermediation."

(b) by inserting the following definitionimmediately after the definition''financial institution'':

19952 No. 18


"financial intermediation"means the lending, investing or

ofplacement funds orsecurities or both, received,acquired or obtained from thegeneral public or from a welldefined group of persons by wayof deposit, borrowing,contribution, premium or in afiduciary capacity, either forthe account or the personreceiving such funds orsecurities of for the accountof other;"

adding(c) afterimmediatelybysubsection (2) as amended thefollowing new subsections-

" (4) For the avoidance of doubt,it is hereby declared thatno duty to which an auditoror former auditor of. a bankor financial institution maybe subject, shall be deemed

Written Laws (Miscellaneous Amendments) 19953 No. 18


breachedto be by reasononly of his communicationin good faith to the Bankor any officer of the Bankwhether or not in responseto a request made by eitherof them, of any informationor opinion on a matter towhich this section appliesand which in relevant to any

theoffunction BankAct NO. Iof 1995 under this Act or the Bank of

Tanzania Act 1995.

(5) in relation to an auditor of abank or financial institution this section-shall apply to any matter of which hebecomes aware in his capacity as auditorand which relates to the business or

the bank or financialaffairs ofinstitution or any of its affiliates or anydirector, controller, manager or relativeof such person in relation to which theinformation is given."



by renumbering subsections (4), and(5), as subsections (3), (4),(S) and(6) and (7) respectively.

(d)

"Section 16 is amended by inserting immediately after subsection (3). thefollowing proviso

"Provided that the Bank may upon application by a bank orfinancial institution concerned and for reasonable cause in writ-ing authorize it bank or financial institution to publish an unau-dited statement of accounts within a specified time in a news-paper which in the opinion of; the Bank. is capable of reachinga great part of the public, in lieu of the summary statement dulycertified by Auditors.-Section 17 is amended by-

deleting paragraph (b) of subsection(1) and renumbering paragraphs (c)and (d) as paragraphs (b) and (c)respectively.

Section 27 is repealed and replaced bythe following:

"2 7. Notwithstanding any other writtenlaw-

where a bank or financialinstitution becomes insolvent,the Bank may appoint the Boardto be a liquidator of the bankor financial institution and theappointment shall have the sameeffect as the appointment of a

(a)



liquidator by the court under theprovisions of the Companiesordinance;

cap. 212

liquidator offinancial

no other(b)o rbank

institution shall beappointed under theprovisions of the companiesordinance it the Board hasalready been appointed as aliquidator, and no liquidator,of a bank or financialinstitution shall be appointedin any event without theapproval of the High courtwhich shall not grant Ouchapproval unless the Bankcertifies that the Bank doesnot intend to exercise 'topowers or may fail to exercise

cop. 212



its powers within such periodnot exceeding three months asmay be prescribed by the Highcourt.

(c) where a liquidator of a bank orfinancial institution has been

appointed the Bank may, at anytime, apply to the High Courtfor an order that theliquidator be removed and theBoard be appointed as

inliquidator the firstmentioned liquidators place.

Subsection (2) of section 44 is repealed-and replaced by the following:

(2) As soon an possible after takingpossession the Bank shall make aninventory of the assets of the bankor financial institution concerned



and copies of that inventory shall beavailable for examination by allinterested parties at such place andduring such times as the Bank shallspecify. ''

Section 45 of the Principal Act is repealedand replaced by the following:

and''45. Compulsory liquidationcompulsory reorganization of any bank

institution taken financialorpossession of by the Bank under thisPart shall proceed in terms of theprovisions of section 27 and suchRegulations as the Governor maymake. "

Section 46 of the Principal Act is repealedand replaced by the following :

If the Bank decides to"46. - (1)reorganize the affairs of any bank orfinancial institution, the Bankshall, after granting a hearing toall interested parties, make and senda copy of the reorganization plan toall depositors and other creditors



who do not receive full payment oftheir claims under the reorganizationplan.

(2) Notwithstanding any other provisionof this Act or any other law, thereorganization plan under this actionshall:

be made equitably as regards allclasses of depositors, creditors andshareholders;

(a)

provide for bringing in new funds soas to establish adequate ratiosbetween-

(b)

capital and deposits; andU)

(ii) liquid assets and deposits; and

provide for the removal of any(c)director, . officer or employeesresponsible for the circumstanceswhich led to the seizure of the bankor financial institution concerned."



Section 35 is hereby amended-The ElectionsAct, 1985

Act No. 1(a) by deleting the words

''counting of votes"of 1985

which appearin the marginal note and substitutingfor them the words:''Additionvotes"

of Presidential

(b) by deleting subsection and(1)substituting for it the following:-

" (1) After all the reports ofresults andthe the ballot

boxes containing the ballotpapers relating to Presidentialelection have been receivedfrom all the polling districtsin the constituency, theReturning Officer shall, afterdetermining the validity of anydisputed votes, add togetherthe figures of-

all the votes cast inthe constituency;

(a)



(b) the votes in favour ofeach candidate;

the rejected ballot(c)papers''.

after(c) immediatelyby insertingsubsection (1) newthe followingsubsections:

11(2) The Returning Officershall prepare and submit to theCommission a report of the

results theofpartialPresidential election in theconstituency.

(3) The Commission may direct thatthe Returning Officer shall, afterpreparing the report of the resultsunder subsection (2) of this section,display a copy of the report in someconspicuous public place;



(4) The Returning Officer shallcertify and give a copy of the reportto each of the polling agents or if

Presidentialthepresent,candidates".

presenttherenumberingby(d)and (5) as(4)subsections (3),

and (a)(7)(6),subsectionsrespectively.

by deleting the present subsection(2) and substituting for it thefollowing:-

(c)

;' (4) The Commission may wherethere is any doubt as to theaccuracy in the addition ofPresidential votes in any

therequireconstituency,repetition of the addition Ofthe figures from the partialresults from some or all of the

theinstationspollingconstituency.



Section 57 is hereby amended insubsection 3-

(a) by deleting the ''fullstop'' at the end ofthat subsection andsubstituting for it a'' colon"- and9

(b) by adding immediatelybelow that subsectionthe following proviso:-

''Provided that a Candidatemay in the Notice given undersubsection appoint an(2),alternate polling agent who may bepresent and perform any of thefunctions of a polling agent in theabsence of the polling agent fromthe polling station, whetherpermanently or temporarily.

Section 61 is hereby amended insubsection (3) by deleting theI. colon'' and the proviso whichappears at the end of thatsubsection and substituting forthem a ''semicolon'' .



section 62 is hereby repealed.Section 69 is amended-

(a) in subsection (2) bydeleting the referenceto subsection" (3) " atthe end of that

andsubsectionsubstituting for itreferencesection "79A", and

to

(b) by, deleting subsection(3), (4) (5), and (6)-

Section 70 is repealed and replacedby the following-"Polling Agent 70(l). Every

Polling agent orto bethe alternatecountingpolling agentof votesappointed by, acandidate agentpursuant tosection 57 ofthis Act shallat the close ofthe poll and

theduringofcounting



votes, be thecounting agentof the appointingcandidate''(2) Every

candidate in aorparliamentary

Presidential electionmay appoint a countingagent to represent thecandidate at the placeand during the additionof election results bythe Returning Officeror the commission, asthe case may be.

The Act is amended by addingimmediately after section 70, thefollowing new section:-

70A -(1) Subjectto the provisions ofsubsection (2) of thissection, both the votesfor Presidential andParliamentary electioncast at a pollingstation

''Place ofcountingof votes

shall be



counted at that polling.station.(2) Notwith-

standing the provisionsof subsection (1) of

sectionthis theCommission, theDirector of Electionsor the ReturningOfficer may , forreasons of securityinadequacy of counting

orspace otherfacilities or for such

reasonableothercause direct that votes

a numberof ofneighboring pollingstations or of all thepolling stations in apolling district or a

ofc o n d i t i o nneighboring pollingdistricts, shall becounted in one place:

(3) that wherea direction is -givenpursuant to subsection



(2) of this section,the votes from each-polling station shallbe counted separatelyin the some manner asif the votes had beencounted at the pollingstation at which theywere cast.

Section 71 is repealed and replacedby the following:

''Counting of The71.-(1)presiding Officer ofeach polling stationassisted by the, pollingassistants assigned tothe polling station,shall as soon aspracticable after the

Votes

closing of the poll,in the presence of , thepersons referred to insection 72; if Present,proceed continuouslywith the counting of



votes in accordancewith the methods andthe procedures providedin this Part until thecounting is completed.

At the(2)conclusion of everystage in the processof counting votes thecandidates or thepolling agents ifpresent, shall berequired to state inthe prescribed manner

aretheywhethersatisfied with or theyhave any complaint andstating the complaintif any, in relation toeach stage concludedin the counting ofvotes.

Each(3)complaint made whichcan be resolved or

shall besettledresolved or settled atthe stage. at which itis made and the



Presiding Officer shallprepare an account inthe prescribed form

to thatrelatingcomplaint and how itwas resolved.



(4) Every statement recorded by the PresidingOfficer in accordance with this section shallbe confirmed, signed and submitted to theReturning Officer.

andisSection 72 repealed thebyreplacedfollowing:-

"Persons who 72.-(1) No person other thanthe following may be presentat the counting of votes-

may be presentat countingof votes

the(a) PresidingOfficer

(b) a polling assistant;

a polling agent or an(c)alternate pollingagent;



(d) a candidate;

(e) a police officer orsuch other person

forresponsiblesecurity at the placewhere votes are beingcounted;

(f) a Returning Officer,Assistant Returning

or aOfficer,Regional Coordinator;

thea member of(g)Commission;

(h) Director oftheElections or anelectoral officer ofthe Commission;



electionan(i)observer dulyauthorized inwriting by theCommission-"

(2) No person other than those referred to insubsection (1) shall be permitted to be withinthe vicinity of the place where votes arebeing counted.

Section 73 is repealed and replaced by thefollowing:-

" method of 73-(1) Before the Presidingofficer and pollingcounting

votes count the votes, they shall,in assistants proceed to thepresence of the personsreferred to in section 72,if present-



ascertain and record(a)the number of all thepersons who voted atthe polling station;

(b) count and record thenumber of all theunused ballot papers,including any spoiltballot papers andseal them in aspecial envelope;

inspect each seal and(c)any padlock affixedto the ballot box toascertain whether onnot they have beenopened or temperedwith;



(d) unseal each seal, oneafter another andlock the padlock; and

open the ballot box.(e)

(2) After the ballot box has been opened thePresiding Officer shall take out and count aloudeach ballot paper and record the total of the ballotpapers found in the ballot box.

(3) After the total of the ballot papers inthe ballot box has been ascertained the votes shallbe counted as follows:-

the Presiding officer shall unfold each ballotpaper, display it for viewing by those presentand announce aloud the candidate for whichthe vote has been cast or whether the ballotpaper is blank, spoilt or otherwise invalid;

(a)



(b) the ballot papers which have' been displayedand shall be announced arranged in separate-lots facing upwards, according to thecandidate for which they are cast or as blankor invalid votes;

(c) the Presiding Officer shall count aloud andrecord the votes in each lot and verify theirtotal with the total of all the ballot paperswhich were found in the ballot box and thenumber of voters who cast their votes at thePolling station.

repealed andSection 74 is replaced thebyfollowing:-

"Ballot papers 74- A ballot Paper shallwhich shall not not be counted as a valid

vote if -be counted asvalid. (a) it does not bear an

official mark;



(b) the vote on it hasbeen recordedotherwise than in9

accordance withsection 61 or it isrequired under thatsection to be treatedas spoilt;

anything is written(C)

or marked by which avoter becanidentified otherwisethan by the serialnumber printed on it;or

(d) it is unmarked orvoid for uncertainty.



Section 77 is hereby repealed.Section 78 is amended in subsection (1) bydeleting the words ''Returning Officer" wheneverthey appear in that subsection and in each casesubstituting for them the words ''PresidingOfficer " .

Section 79 is repealed and replaced by thefollowing-

''Decision 79. ThePresiding Officer afterconsultations with thepolling assistants, the

ofPresidingOfficer

Polling agents or ift h epresent,

candidates decide onany question arisingin respect of anyballot paper and ifdisputed, the decisionshall be subject toreview by the ReturningOfficer, during theaddition of votes fromall the pollingstations theinconstituency and whosedecision shall be finaland subject only to



further review by anpetitionelection

pursuant to Chapter VI Iof this Act.''

The Act is hereby amended by addingimmediately after section 79 thefollowing new section:-

79A.-(l) Uponthe conclusion of thecounting of the votes

''Duties ofPresiding

Officerin accordance withafter

the73sectioncountingOfficerPresiding

shall: -seal up in(a)

separate packetsthe valid, thedisputed and therejected, ballotpapers;

prepare a(b)separate reportof the resultsof each of the



Parliamentary andPresidentialelections in themanner and formas the Commissionmay direct whichshall be signedby the PresidingOfficer and thepolling agentsif present;

(c) therequirepolling agentsor if present,a candidate tostate in theprescribedform with anycomplaint orto confirmsatisfactionw i t h t h ecounting ofVotes;affix in some(d)conspicuousplace a copyof the reporton the results



of the partialelections atthe pollingstation;

(e) if availablein sufficientnumbers, giveeach pollingagent a copyof the reportof results;

(f) lock up andseal all the

ofpacketsballot papersin the ballotbox; andaccompanied by(g)such number ofpolling agentspresent as theCommission

directshallandtransmit

hand over tothe ReturningOfficer, theballot box



together withthe report of

partialtheresults of the

atelectionpollingthe

station.''.

Section 80 is repealed and replacedby the following-

80.-(1) The provisions ofsection 35F shall applyin mutatis mutandis

''Additionof votesinParliame

therelation tontarycounting of the voteselectionfor parliamentaryelection.

(2) Thefollowing persons shallbe authorized to bepresent at the additionof votes by theReturning Officer:-

The Returning(a)Officer;

Assistant(b)



ReturningOfficer;

co-Regional(c)ordinator;

a member of the(d)Commission;

the Director of(e)Elections or anelection officer

t h eo fCommission;(f ) a candidate;

(g) a counting agenta police(h)

orofficerothersuch

p e r s o nresponsible

securityforat the placeof counting;

observeran(i)u 1d y

inby

authorizedcountingtheCommission.

(3) The candidate or polling agentmy request the Returning Officer



to check on any part of theaddition to ascertain itsaccuracy but shall not beentitled to request a recount ofall the votes or all the ballotpapers from any polling stationunless the accuracy of the reportof the results from that pollingstation were disputed by thePolling agent or candidatepresent at the polling station.(4) Where a request is madepursuant to subsection (3) theReturning Officer shall notunreasonably, refuse to check theaddition or to recount the ballotpapers of any particular pollingstation.

(5) In relation to additionof presidential results by theCommission the following may bepresent:

thea member of(a)Commission;

the director of(b)elections;Electoral Officers of(c)the commission;A candidate;(d)



(e) a counting agent;(f ) a police officer in such

officersotherforresponsible

security at the placewhere the presidentialresults are beingadded;an observer duly(g)

authorized in writingby the commission;such other person asthe commission mayauthorize;

(h)



Cap 508 The Act is hereby amended-The Judicial Service Act, 1962(a) in section 2(l), by

inserting immediatelyafter the definition''judicial office'' thefollowing definition:

''Minister'' means theMinister for the timebeing responsible forlegal affairs;

(b) in section 21 B-(i) by deleting subsection

(4) and substituting forit the following:'' (4) The DistrictOfficer of the Districtshall be the Secretaryof The Board'';

(ii) by deleting paragraphsofand(b) (c)

subsection (5) andsubstituting for themthe following:

" (b) receive andinvestigatecomplaints by the



public conceringprimary courtmagistrates inthat District andsubmit reportsto the Minister;(c) carry outinquiries intothe conduct ofa primary courtmagistrate inconsequence ofa direction bythe Minister soto do and reportback to him;(d) perform

othersuchfunctions an theMinister may...direct. ,

(e) in section 25 byadding. immediatelyafter subsection (2)the following:"(3) Nothing in this

shall besectionconstrued as impedingthe Minister from



thedirectingcommission or anyBoard, as he deemsnecessary, to carry outan inquiry into any

omission oract;conduct of any Judicial

officer involving oramounting to thecommission of anyoffence whether or notin the, course of

exercising his Judicialfunctions. ''.



The Political Parties is amended-No. 5 of 1992The PoliticalParties Act, 1992 by adding immediately after section 14

the following sections:-(a)

15.-U)" Party to Every political partywhich has been fully registeredmaintain

Bank registered shall through theiraccount trustees, maintain a bank account

of the party in which all the moneyreceived by the party in accordance

shall bewith Section 14,deposited.

Any subvention from(2)the Government which is payableto any political party under thisAct, shall not be paid to anypolitical party which does notmaintain a bank account inaccordance with this section.



SubventionGranting and from the16.-(1) Governmentpurposes of may be granted to a fully registeredsubvention all or any of thepolitical party for

following purposes-

to assist a political party to defrayexpenses necessary for and which stateto the participation of the politicalparty in an election by nominating andcamping for a candidate of the party;

(a)

to enable a political party which hasmembers in Parliament to carry out itsparliamentary functions.

(b)

to assist a political party which, inthe preceding general election, won notless than five percent of all the votescost in the United Republic relationto either a parliamentary or a

(c)

Presidential election, to defray suchofficenecessaryreasonable and

thanof theexpenses party other



for such matters asexpensestraveling, salaries, allowances, houserent, acquisition or maintenance, houserent, acquisition or maintenance ofmotor vehicles or entertainment.

of(2) a subvention under paragraph (a)subsection (1) shall be in two equalinstallments,-

the first installment being an amountcomputed on the basis of the number ofthe candidates which a political partyhas nominated, to be paid soon afterthe nomination of the candidates inaccordance with the Elections Act, 1985or the Local Authorities (Elections)Act 1979.

(a)

the second installment being an amountto be computed on the basis of thenumber of candidates nominated by ofthe political party who participated inthe whole electoral process untilannouncement of final results.

(b)



Subvention under paragraph (b) of subsection(1), shall be an amount to be computed on thebasis of the number of the members ofParliament who are members of the politicalparty.

(3) The amount which is payable assubvention to political parties shall beprescribed from time to time by regulationsunder section. A. 22, after taking into

prevailing economicconsideration theconditions and financial capability of theGovernment.

(4) The Registrar shall be responsible forthe management, and payment of subventionpayable to political parties under this Act.

Subventions 17. (1) Without prejudice tosection 14, any subventiongranted by the government bythe government to anypolitical party shall be

to beaccountedfor



accounted for separately inaccordance with regulationsmade tinder section 18.

(2) where any subventionhas been granted by theGovernment for any of the

inspecifiedpurposessection 16, such subventionshall be spent only for thepurpose so specified.

(3) where the specifiedpurpose is the furtheringof an election-

politicaltheif(a)party does not takepart in the election;

a candidate of the(b)party withdraws fromthe election; or



(c) for any reason themoney is not spent onthe election,

the political party towhich the money was grantedshall refund the whole orso much of the money whichhas not been spent for theElection.

(4) In assessing any account submitted by apolitical party in relation to subventiongranted for the purpose of furthering anelection, the Registrar may take into

as otherconsideration any complaintrepresentation in writing, made by a candidateof the party in that election and whichrelates to the subvention being accounted for.

Forfeiture 18.-(l) Where any politicalof rights neglects or otherwise failson failure to account for any money

granted pursuant to theprovisions of section 16 the

account



(a) the Political partyshall not be entitledto and subsequentsubvention o rinstallment on anysubvention payableunder this Act;

where the subvention(b)which has not beenaccounted for is alsorefundable to theGovernment i naccordance withsection the17,Political party shallforfeit the right tonominate a candidatesto any subsequentelection, until suchsubvention has beenrefunded.



(2) The Registrar shallfor ofthe purposesparagraph (b) of subsection

of this(1) section,certify to the ElectoralCommission as soon as

t h epracticable,occurrences of any event bywhich a political partyforfeits the right toparticipate in an election.

reasonif by(3)ansubmittofailure

account on f or any otherreason, the Registrar hasreason to suspect their anyoffence under the penal

may beenhavecodecommitted in relation tothe money which has notbeen accounted for, make toa report to a police

and the officerstation,



that policein charge ofstation shall cause thematter to be investigated".

(h) by renumbering the present sections 15, 16, 17 and 19 assections 19, 20, 21, 22 and 23 respectively.

The Regulation Section 3 is repealed and replaced by theNo. 22 of 1992following-of Land Tenure

"Extinction(Established Villages) 3.-(1) Subject to theprovisions of Section 4 ofthis Act, all rights tooccupy or to use land inaccordance with any customor rule of customary lawexisting or held or claimedto be held by any person inany Village land prior to

1992 of certainrights

Operation Vijiji, arehereby extinguished.



For the avoidance of(2)doubt the extinction ofrights under Subsection (1)of this section shall noteffect-

(a) any right to occupyor to use any village

which waslandby anyacquired

during orpersontosubsequent

Operation Vijiji, invi11agea n y

established as theresult' of OperationVijiji, or

any right to use or(b)to occupy any land inaccordance with anycustom or rule of

lawcustomary



existing in anyvillage which was notestablished as theresult of OperationVijiji"

Section 4 is repealed and replaced by thefollowing-

"claims for Where in any proceedingsi n s t i t u t e daccordance

Compensation i nwith the

provisions of this Act, itis proved to the satisfactionof the Tribunal that-(a) any person was an

occupier of anyvillage land to whichsection 3 applies.

(b) the person had madeany unexhaustedimprovements or added

ascertainableany



value to the villageland prior tooperation vijiji, and

such land was not(c)subsequentlyallocated to thatperson,

the Tribunal may award suchas thecompensation

Tribunal may think is fairin relation to the value oft h e unexhaustedimprovements or the valueadded to that land.

Section 5 is hereby repealed.Section 6 is repealed and replaced by thefollowing-

Proceedings underInstitution ofproceedings

6.-(1)this Act may be institutedin the Tribunal having



jurisdiction over the areain which the disputearises:

Act No. 47 Provided that where theCustomaryof 1968 Leaseholds(Enfranchisement) Act, 1968does not apply, the Ministermay for the purpose of. thisAct, establish a Tribunal andthe Tribunal so establishedshall perform all thefunctions and exercise allthe powers of the Tribunalunder this Act

Section 7 is amended-(a) by deleting the words "subject to

section 3 of this Act then which appearin the first line; and substituting forthem the word "The"



Section 9 is amended-(a) in subsection (2) by deleting the word

''Minister'' which appears in the secondline and substituting for the words,''the High Court''

(b) by deleting the words, ''and shall notbe reviewed by any court'' which appearat the end of that subsection.

Section 64 is hereby repealed. TheFourth Schedule is hereby deleted.

No.17 of 1992The Open Universityof TanzaniaAct, 1992.

Section 2 is amended the deleting the definition "Minister" and substituting"The Ward Tribunals Act, 1985 No. 7 of 1985for it the following new definition-

"Minister means The Minister for the time being responsible for LocalAuthorities".

Passed in the National Assembly on the 28th July, 1995

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