NUMERICAL INDEX TO PRINCIPAL LEGISLATION of TANZANIA RV.2002
The Interpretation of Laws Act
Chapter 2
Katiba Ya Jamhuri Ya Muungano Wa Tanzania, Ya Mwaka
Chapter 3
The Basic Rights and Duties Enforcement Act
Chapter 4
The Laws Revision Act
Chapter 5
The Government Proceedings Act
Chapter 6
The Evidence Act
Chapter 7
The Judgements Extension Act
Chapter 8
The Reciprocal Enforcement of Foreign Judgements Act
Chapter 9
The Presidential Affairs Act
Chapter 10
The National Emblems Act
Chapter 11
The Magistrates' Courts Act
Chapter 12
The Notaries Public and Commissioners for Oaths Act
Chapter 13
The Children and Young Persons Act
Chapter 14
The Hire Purchase Act
Chapter 15
The Arbitration Act
Chapter 16
The Penal Code
Chapter 17
The Corporal Punishment Act
Chapter 18
The Witchcraft Act
Chapter 19
The Prevention of Gambling Act
Chapter 20
The Criminal Procedure Act
Chapter 21
The Legal Aid (Criminal Proceedings) Act
Chapter 22
The Rural Farmlands (Acquisition and Regrant) Act
Chapter 23
The Opticians Act
Chapter 24
The Inquests Act
Chapter 25
The Bankruptcy Act
Chapter 26
The Deeds of Arrangement Act
Chapter 27
The Administrator-General (Powers and Functions) Act
Chapter 28
The Succession (Non-Christian Asiatics) Act
Chapter 29
The Law of Marriage Act
Chapter 30
The Sisal Industry Act
Chapter 31
The Public Trustee (Powers and Functions) Act
Chapter 32
The Commissions of Inquiry Act
Chapter 33
The Civil Procedure Code
Chapter 34
The Oaths and Statutory Declarations Act
Chapter 35
The Public Holidays Act
Chapter 36
The Registration and Identification of Persons Act
Chapter 37
The Refugees Act
Chapter 38
The Tanzania Investment Act
Chapter 39
The Expulsion of Undesirables Act
Chapter 40
The Tanzania-Zambia Pipeline Act
Chapter 41
The National Lotteries Act
Chapter 42
The Pools and Lotteries Act
Chapter 43
The Age of Majority Act
Chapter 44
The National Microfinance Bank Ltd. Incorporation Act
Chapter 45
The Explosives Act
Chapter 46
The National Industries (Licensing and Registration) Act
Chapter 47
The National Security Act
Chapter 48
The Health Laboratory Technologists Registration Act
Chapter 49
The National Sports Council of Tanzania Act
Chapter 50
The National Social Security Fund Act
Chapter 51
The Provident Fund (Government Employees) Act
Chapter 52
The National Kiswahili Council Act
Chapter 53
The Trustee Investments Act
Chapter 54
The Immigration Act
Chapter 55
The Tanzania Sisal Corporation (Establishment and Vesting of Assets) Act
Chapter 56
The Tanzania Audit Corporation Act
Chapter 57
The Fugitive Offenders (Pursuit) Act
Chapter 58
The Prisons Act
Chapter 59
The National Institute for Medical Research Act
Chapter 60
The Industrial Court of Tanzania Act
Chapter 61
The Children's Homes (Regulation) Act
Chapter 62
The Urban Leaseholds (Acquisition and Regrant) Act
Chapter 63
The Engineers Registration Act
Chapter 64
The Occupiers Liability Act
Chapter 65
The Tourist Agents (Licensing) Act
Chapter 66
The Tanganyika Red Cross Society Act
Chapter 67
The Witness Summonses (Reciprocal Enforcement) Act
Chapter 68
The Boy Scouts Act
Chapter 69
The Girl Guides Act
Chapter 70
The Medical Stores Department Act
Chapter 71
The Resettlement of Offenders Act
Chapter 72
The Graves (Removal) Act
Chapter 73
The Internationally Notifiable Diseases (Prevention) Act
Chapter 74
The Protected Places and Areas Act
Chapter 75
The Road Frontage Premia Act
Chapter 76
The Public Officers (Recovery of Debts) Act
Chapter 77
The Intoxicating Liquors Act
Chapter 78
The Agricultural Products (Control of Movement) Act
Chapter 79
The Capital Markets and Securities Act
Chapter 80
The Civil Aviation Act
Chapter 81
The Tanzania Investment Bank (Repeal and Transitional Provisions) Act
Chapter 82
The Vocational Education and Training Act
Chapter 83
The Co-operative College Act
Chapter 84
The Foreign Vehicles Transit Charges Act
Chapter 85
The Merchandise Marks Act
Chapter 86
The Ocean Road Cancer Institute Act
Chapter 87
The Building Societies Act
Chapter 88
The Co-operative and Rural Development Bank (Repeal and Transitional Provisions) Act
Chapter 89
The Law of Limitation Act
Chapter 90
The Minimum Sentences Act
Chapter 91
The Institute of Finance Management Act
Chapter 92
The Aerodromes (Licensing and Control) Act
Chapter 93
The Mzumbe University Act
Chapter 94
The Muhimbili Orthopaedic Institute Act
Chapter 95
The Drugs and Prevention of Illicit Traffic in Drugs Act
Chapter 96
The Infectious Diseases Act
Chapter 97
The Regional Administration Act
Chapter 98
The Mental Diseases Act
Chapter 99
The Mosquitoes (Control) Act
Chapter 100
The Tsetse Fly (Control) Act
Chapter 101
The Sexual Offences Special Provisions Act
Chapter 102
The Tanzania Library Services Act
Chapter 103
The Board of Internal Trade Act
Chapter 104
The Entertainments Tax Act
Chapter 105
The Hotels Act
Chapter 106
The Employees’ Terminal Benefits Schemes (Registration and Regulation) Act
Chapter 107
The National Examinations Council of Tanzania Act
Chapter 108
The Births and Deaths Registration Act
Chapter 109
The Tanzania Food and Nutrition Act
Chapter 110
The National Social Welfare Training Institute Act
Chapter 111
The Peoples Militia Act
Chapter 112
The Small Industries Development Organisation Act
Chapter 113
The Land Act
Chapter 114
The Village Land Act
Chapter 115
The Parliamentary Services Commission Act
Chapter 116
The National Land Use Planning Commission Act
Chapter 117
The Registration of Documents Act
Chapter 118
The Land Acquisition Act
Chapter 119
The Corporations Sole (Establishment) Act
Chapter 120
The Hides and Skin Trade Act
Chapter 121
The Audio-Visual Institute of Dar-Es-Salaam Act
Chapter 122
The Ardhi Institute Act
Chapter 123
The Mining Act
Chapter 124
The Motor Vehicles (Tax On Registration and Transfer) Act
Chapter 125
The Production Development Funds Act
Chapter 126
The Special Tribunals Act
Chapter 127
The Privatisation Trust Act
Chapter 128
The Assayers Act
Chapter 129
The National Council for Technical Education Act
Chapter 130
The Standards Act
Chapter 131
The Electricity Act
Chapter 132
The Kariakoo Market Corporation Act
Chapter 133
The Plant Protection Act
Chapter 134
The Government Loans, Guarantees and Grants Act
Chapter 135
The Grass Fires (Control) Act
Chapter 136
The Private Health Laboratories (Regulation) Act
Chapter 137
The Produce Export Act
Chapter 138
The Rufiji Basin Development Authority Act
Chapter 139
The Institute of Adult Education Act
Chapter 140
The Joint Finance Commission Act
Chapter 141
The Appellate Jurisdiction Act
Chapter 142
The Tanzania Institute of Education Act
Chapter 143
The Tanzania-Zambia Railway Act
Chapter 144
The Dar Es Salaam Institute of Technology Act
Chapter 145
The Tanzania Industrial Studies and Consulting Organisation Act
Chapter 146
The Marine Parks and Reserves Act
Chapter 147
The Excise (Management and Tariff) Act
Chapter 148
The Value Added Tax Act
Chapter 149
The Tanzania News Agency (Repealing) Act
Chapter 150
The Muhimbili National Hospital Act
Chapter 151
The Private Hospitals (Regulation) Act
Chapter 152
The Medical Practitioners and Dentists Act
Chapter 153
The Animals (Protection) Act
Chapter 154
The Animals (Pounds) Act
Chapter 155
The Board of External Trade Act
Chapter 156
The Animal Diseases Act
Chapter 157
The Meteorology Act
Chapter 158
The Wattle Bark Industry Act
Chapter 159
The Tanzania Industrial Research and Development Organisation Act
Chapter 160
The National Milling Corporation Act
Chapter 161
The Tropical Pesticides Research Institute Act
Chapter 162
The National Construction Council Act
Chapter 163
The Motor Vehicle Driving Schools (Licensing) Act
Chapter 164
The Carriage of Goods by Sea Act
Chapter 165
The Merchant Shipping Act
Chapter 166
The Tanzania Harbours Authority Act
Chapter 167
The Highways Act
Chapter 168
The Road Traffic Act
Chapter 169
The Motor Vehicles Insurance Act
Chapter 170
The Tanzania Railways Corporation Act
Chapter 171
The Law Reform Commission of Tanzania Act
Chapter 172
The Inland Water Transport Act
Chapter 173
The Ferries Act
Chapter 174
The Institute of Rural Development Planning Act
Chapter 175
The Pawnbroking (Prohibition) Act
Chapter 176
The Tanzania Engineering and Manufacturing Design Organisation Act
Chapter 177
The Tanzania Central Freight Bureau Act
Chapter 178
The Tanzania School of Journalism Act
Chapter 179
The National Board for Materials Management Act
Chapter 180
The Day Care Centres Act
Chapter 181
The Centre for Agricultural Mechanisation and Rural Technology Act
Chapter 182
The National Productivity Council Act
Chapter 183
The Disabled Persons (Care and Maintenance) Act
Chapter 184
The Disabled Persons (Employment) Act
Chapter 185
The Co-operative Audit and Supervision Act
Chapter 186
The Geographical Names Standardisation Act
Chapter 187
The National Institute of Transport Act
Chapter 188
The Protection From Radiation Act
Chapter 189
The Stamp Duty Act
Chapter 190
The Revenue (Collection By Stamps) Act
Chapter 191
The National Environment Management Act
Chapter 192
The National Defence Act
Chapter 193
The National Service Act
Chapter 194
The Visiting Forces Act
Chapter 195
The Sokoine University of Agriculture Act
Chapter 196
The Export Tax Act
Chapter 197
The Bank of Tanzania Act
Chapter 198
The Industrial Promotion and Development Fund Act
Chapter 199
The Agricultural Development Fund Act
Chapter 200
The Economic and Organised Crime Control Act
Chapter 201
The Tanzania Cotton Lint and Seed Board Act
Chapter 202
The Tobacco Industry Act
Chapter 203
The Cashewnut Board of Tanzania Act
Chapter 204
The National Arts Council Act
Chapter 205
The Air Tanzania Corporation (Re-Organisation and Vesting of Assets and Liabilities) Act
Chapter 206
The Ward Tribunals Act
Chapter 207
The International Finance Corporation Act
Chapter 208
The Business Licensing Act
Chapter 209
The College of Wildlife Management Act
Chapter 210
The Chattels Transfer Act
Chapter 211
The Co-operative Societies Act
Chapter 212
The Companies Act
Chapter 213
The Business Names (Registration) Act
Chapter 214
The Sale of Goods Act
Chapter 215
The Bills of Exchange Act
Chapter 216
The Land Disputes Courts Act
Chapter 217
The Patents (Registration) Act
Chapter 218
The Copyright and Neighbouring Rights Act
Chapter 219
The Pharmaceutical and Poisons Act
Chapter 220
The Road and Fuel Tolls Act
Chapter 221
The Emergency Powers Act
Chapter 222
The Spirits Act
Chapter 223
The Arms and Ammunition Act
Chapter 224
The Beekeeping Act
Chapter 225
The Political Service Retirement Benefits Act
Chapter 226
The Tanzania Commission for Science and Technology Act
Chapter 227
The Auctioneers Act
Chapter 228
The Goldsmiths and Silversmiths Act
Chapter 229
The Newspapers Act
Chapter 230
The Films and Stage Plays Act
Chapter 231
The East African Development Bank Act
Chapter 232
The East African Community Mediation Agreement Act
Chapter 233
The Eastern and Southern African Management Institute Act
Chapter 234
The Ministers and Members of Parliament (Salaries and Allowances) Act
Chapter 235
The Contractors Registration Act
Chapter 236
The War Graves Act
Chapter 237
The Judicial Service Act
Chapter 238
The Territorial Sea and Exclusive Economic Zone Act
Chapter 239
The Dodoma Special Investment Area Act
Chapter 240
The Institute of Accountancy Arusha Act
Chapter 241
The Police Force and Prisons Service Commission Act
Chapter 242
The Disaster Relief Co-Ordination Act
Chapter 243
The National Employment Promotion Service Act
Chapter 244
The Trade Unions Act
Chapter 245
The Executive Agencies Act
Chapter 246
The Armaments Control Act
Chapter 247
The Probation of Offenders Act
Chapter 248
The Loans and Advances Realisation Trust Act
Chapter 249
The Food Security Act
Chapter 250
The Preferential Trade Area (Implementation) Act
Chapter 251
The Sugar Industry Act
Chapter 252
The African Chiefs Act
Chapter 253
The Dar Es Salaam Maritime Institute Act
Chapter 254
The Mutual Assistance in Criminal Matters Act
Chapter 255
The General Loan and Stock Act
Chapter 256
The Proceeds of Crime Act
Chapter 257
The Public Corporations Act
Chapter 258
The Political Parties Act
Chapter 259
The Natural Resources Act
Chapter 260
The Tanzania Wildlife Research Institute Act
Chapter 261
The Commodity Import Support Regulation Act
Chapter 262
The Dairy Industry Act
Chapter 263
The Workers' Compensation Act
Chapter 264
The Port Service Charge Act
Chapter 265
The Stock Theft (Prevention) Act
Chapter 266
The Official Oaths Act
Chapter 267
The Regulation of Land Tenure (Established Villages) Act
Chapter 268
The Open University of Tanzania Act
Chapter 269
The Architects and Quantity Surveyors (Registration) Act
Chapter 270
The Professional Surveyors (Registration) Act
Chapter 271
The Foreign Exchange Act
Chapter 272
The Waterworks Act
Chapter 273
The Dar Es Salaam Water and Sewerage Authority Act
Chapter 274
The Export of Timber Act
Chapter 275
The Tea Act
Chapter 276
The Imports Control Act
Chapter 277
The Tanzania Forestry Research Institute Act
Chapter 278
The Affiliation Act
Chapter 279
The Fisheries Act
Chapter 280
The Tanzania Fisheries Research Institute Act
Chapter 281
The National Museum of Tanzania Act
Chapter 282
The National Parks Act
Chapter 283
The Wildlife Conservation Act
Chapter 284
The Ngorongoro Conservation Area Act
Chapter 285
The Fair Competition Act
Chapter 286
The Accountants and Auditors (Registration) Act
Chapter 287
The Local Government (District Authorities) Act
Chapter 288
The Local Government (Urban Authorities) Act
Chapter 289
The Urban Authorities (Rating) Act
Chapter 290
The Local Government Finances Act
Chapter 291
The Community Service Act
Chapter 292
The Local Government (Elections) Act
Chapter 293
The Local Government Authorities (Decoration of Buildings) Act
Chapter 294
The Publications (Compulsory Deposit) Act
Chapter 295
The National Housing Corporation Act
Chapter 296
The Parliamentary Immunities, Powers and Privileges Act
Chapter 297
The Factories Act
Chapter 298
The Public Service Act
Chapter 299
The Ministers (Discharge of Ministerial Functions) Act
Chapter 300
The Regulation of Wages and Terms of Employment Act
Chapter 301
The Tanzania Postal Bank Act
Chapter 302
The Tanzania Communications Act
Chapter 303
The Tanzania Posts Corporation Act
Chapter 304
The Tanzania Telecommunications Company Incorporation Act
Chapter 305
The Tanzania Posts and Telecommunications (Vesting of Assets and Liabilities) Act
Chapter 306
The Broadcasting Services Act
Chapter 307
The Tanganyika Law Society Act
Chapter 308
The Seeds (Regulation of Standards) Act
Chapter 309
The Records and Archives Management Act
Chapter 310
The Law Reform (Fatal Accidents and Miscellaneous Provisions) Act
Chapter 311
The Pharmacy Act
Chapter 312
The Public Officers and Government Departments (Change of Titles) Act
Chapter 313
The Tanganyika Higher Education Trust Fund Act
Chapter 314
The Planning Commission Act
Chapter 315
The College of Business Education Act
Chapter 316
The Disqualification (National Assembly and Miscellaneous Offices) Act
Chapter 317
The Transport Licensing Act
Chapter 318
The Trustees' Incorporation Act
Chapter 319
The Veterinary Surgeons Act
Chapter 320
The Public Recreation Grounds Act
Chapter 321
The Muhimbili University College of Health Sciences Act
Chapter 322
The Police Force and Auxiliary Services Act
Chapter 323
The Forests Act
Chapter 324
The Land Survey Act
Chapter 325
The Nurses and Midwives Registration Act
Chapter 326
The Trade and Service Marks Act
Chapter 327
The Transfer of Businesses (Protection of Creditors) Act
Chapter 328
The Petroleum (Exploration and Production) Act
Chapter 329
The Prevention of Corruption Act
Chapter 330
The Accidents and Occupational Diseases (Notification) Act
Chapter 331
The Water Utilisation (Control and Regulation) Act
Chapter 332
The Income Tax Act
Chapter 333
The Antiquities Act
Chapter 334
The Land Registration Act
Chapter 335
The Adoption of Children Act
Chapter 336
The Public Health (Sewerage and Drainage) Act
Chapter 337
The Societies Act
Chapter 338
The Public Land (Preserved Areas) Act
Chapter 339
The Rent Restriction Act
Chapter 340
The Weights and Measures Act
Chapter 341
The Advocates Act
Chapter 342
The Banking and Financial Institutions Act
Chapter 343
The National Elections Act
Chapter 344
The Food (Control of Quality) Act
Chapter 345
The Law of Contract Act
Chapter 346
The University of Dar-Es-Salaam Act
Chapter 347
The Coffee Industry Act
Chapter 348
The Public Finance Act
Chapter 349
The Insurance (Vesting of Interests and Regulation) Act
Chapter 350
The International Development Association Act
Chapter 351
The Statistics Act
Chapter 352
The Probate and Administration of Estates Act
Chapter 353
The Education Act
Chapter 354
The Foreign Service Fees and Charges Act
Chapter 355
The Town and Country Planning Act
Chapter 356
The Diplomatic and Consular Immunities and Privileges Act
Chapter 357
The Tanzania Citizenship Act
Chapter 358
The Judicature and Application of Laws Act
Chapter 359
The Investment in Tanganyika Government Securities Act
Chapter 360
The Public Officers (Salaries and Allowances) Act
Chapter 361
The Preventive Detention Act
Chapter 362
The Transfer and Delegation of Powers Act
Chapter 363
The Bretton Woods Agreements Act
Chapter 364
The Tanzania Tourist Board Act
Chapter 365
The Airport Service Charge Act
Chapter 366
The Employment Act
Chapter 367
The Government Leaseholds (Conversion to Rights of Occupancy) Act
Chapter 368
The Extradition Act
Chapter 369
The Customs (Dumping and Subsidies: Rates) Act
Chapter 370
The Treasury Registrar (Powers and Functions) Act
Chapter 371
The Public Service Retirement Benefits Act
Chapter 372
The Parastatal Organisations Pensions Scheme Act
Chapter 373
The Export Processing Zones Act
Chapter 374
The Tax Reserve Certificates Act
Chapter 375
The Islamic Law (Restatement) Act
Chapter 376
The Pyrethrum Act
Chapter 377
The Customary Leaseholds (Enfranchisement) Act
Chapter 378
The Fertilizers and Animal Foodstuffs Act
Chapter 379
The Tanzania Commission for AIDS Act
Chapter 380
The Deportation Act
Chapter 381
The Exports Control Act
Chapter 382
The District Development Corporations Act
Chapter 383
The Statutory Bodies (Change of Names) Act
Chapter 384
The Traditional Liquor (Control of Distillation) Act
Chapter 385
The Public Order Act
Chapter 386
The Severance Allowance Act
Chapter 387
The Security of Employment Act
Chapter 388
The Deep Sea Fishing Authority Act
Chapter 389
The Destitute Persons Act
Chapter 390
The Potable Spirits (Compounding) Act
Chapter 391
The Commission for Human Rights and Good Governance Act
Chapter 392
The Petroleum (Conservation) Act
Chapter 393
The Freehold Titles (Conversion) and Government Leases Act
Chapter 394
The Insurance Act
Chapter 395
The National Health Insurance Fund Act
Chapter 396
The Local Government Training Institute Act
Chapter 397
The Regions and Districts (Establishment Procedure) Act
Chapter 398
The Public Leadership Code of Ethics Act
Chapter 399
The Tanzania Revenue Authority Act
Chapter 400
The Parole Boards Act
Chapter 401
The Agricultural Inputs Trust Fund Act
Chapter 402
The Eastern Africa Statistical Training Centre Act
Chapter 403
The Customs (Management and Tariff) Act
Chapter 404
The National Bank of Commerce (Reorganisation and Vesting of Assets and Liabilities) Act
Chapter 405
The Institute of Judicial Administration Lushoto Act
Chapter 406
The Tanzania Intelligence and Security Service Act
Chapter 407
The Local Authorities Provident Fund Act
Chapter 408
The Tax Revenue Appeals Act
Chapter 409
The Community Health Fund Act
Chapter 410
The Public Procurement Act
Chapter 411
The Treaty for the Establishment of the East African Community Act
Chapter 412
The Education Fund Act
Chapter 413
The Surface and Marine Transport Regulatory Authority Act
Chapter 414
The Energy and Water Utilities Regulatory Authority Act
Chapter 415
The Shipping Agency Act
THE IMMIGRATION ACT, Cap. 54 (RE: 2002)
An Act to provide for
the control of immigration into the United Republic and for matters relating to
immigration.
[1st February, 1998]
[G.N. No. 51 of 1998]
Acts Nos.
7 of 1995
27 of 1997
G.N. No. 253 of 1996
PART I: PRELIMINARY
PROVISIONS (ss 1-3)
1. Short title
This Act may be cited as the Immigration Act.
2. Application
(1) This Act shall extend to Tanzania Zanzibar as well as to
Mainland Tanzania.
(2) Subject to this section this Act shall not apply to any citizen
of Tanzania, except that–
(a) an immigration officer may exercise any of the powers
conferred upon him by or under this Act, in relation to any person who is a
citizen of Tanzania in so far as the exercise of that power is necessary to
determine the status of that person as such; and
(b) a person who is a citizen of Tanzania shall be liable to
be proceeded against, convicted and punished for an offence under this Act in
respect of any obstruction of, or otherwise in relation to the exercise, by an
immigration officer, of his powers under this Act, or for an offence under this
Act in relation to a person to whom this Act applies generally; and
(c) regulations made under paragraph (e), (m), (n), (o) and
(p) of subsection (1) of section 33, and in pursuance of subsection (2) of that
section, may be applied to persons who are citizens of Tanzania, and to that
extent and for those purposes the provisions of this Act and of regulations
shall apply to citizens of Tanzania.
(3) The Minister may, in relation to any category or
description of persons who are not citizens of Tanzania, make regulations
exempting those persons from all or any of the provisions of this Act and–
(a) providing for the control of immigration of such
persons, whether by requiring them to comply with any such regulations before,
on or after entering Tanzania or by prohibiting or regulating the entry into
Tanzania of such persons, or otherwise;
(b) providing for the registration and identification of
such persons for the purpose of the control of immigration, and for all matters
incidental thereto;
(c) applying, with or without modification all or any of the
provisions of this Act and of any regulations made hereunder to such persons.
(4) Regulations made under subsection (3)–
(a) may impose, for their breach, penalties of a fine not
exceeding sixty thousand shillings or imprisonment for a term not exceeding one
year or both that fine and imprisonment; and
(b) shall be laid before the National Assembly.
3. Interpretation
In this Act, unless the context requires otherwise–
"alien immigrant"
means any person who is not a citizen of Tanzania;
"Board"
means the Alien Immigrants Board established by section 17;
"child"
includes a child adopted under the Adoption Act or the Adoption of Children Decree
of Zanzibar, but does not include–
(a) a child adopted otherwise than under the Adoption Act *
or the Adoption of Children Decree unless the Minister is satisfied that the
circumstances of the adoption were such as substantially to satisfy the
requirements of subsection (1), (2), (3), and (4) of the Adoption Act * or, as
the case may be, of the Adoption of Children Decree; or
(b) a married woman; or
(c) any person who has attained the age of eighteen years;
"dependant"
means a person who is materially dependent upon the earnings of another;
"deportation
order" means an order made under section 14;
"destitute person"
means a person who, in the opinion of the Director of Immigration Services, is
incapable of supporting himself or his dependants;
"Director"
means the Director of Immigration services appointed under section 4, and
includes any person exercising the powers of the Director duly delegated to him
pursuant to section 5;
"immigration
officer" means any immigration officer of any grade appointed under
subsection (3) of section 4, and includes the Director;
"magistrate"
means in the case of Mainland Tanzania a resident magistrate, in the case of
Zanzibar, a chairman of the People's Court;
"medical
practitioner" means a medical practitioner registered or licensed
under the Medical Practitioners and Dentists Act *, and appointed by the
Director of Medical Services to act under this Act;
"Minister"
means the Minister for the time being responsible for matters relating to
immigration;
"pass"
means a valid pass issued or deemed to have been issued under the provisions of
any regulations made under this Act;
"passport"
means a valid passport issued to a person by or on behalf of the Government or
State of which he is a subject or valid travel document issued to a person by
an authority recognised by the Government of the United Republic; such passport
or document being complete and having attached to it a photograph of the holder
and having endorsed on it all particulars, endorsements, photographs and visa required
from time to time by the Government or authority issuing that passport or
document and by the government of the United Republic and by any regulations
for the time being in force in Tanzania in that behalf:
Provided that when the Government or authority issuing that
passport has exempted the holder from the requirement of attaching a photograph
to the passport then that passport shall be valid without the photograph;
"police officer"
means any member of the Police Force of or above the rank of constable;
"prohibited
immigrant" has the meaning ascribed to that expression in section 10;
"residence permit"
means a valid permit issued or deemed to have been issued under the provisions
of section 19, section 20 or section 21;
"ship"
includes any vessel, tug, lighter or boat of any kind whether propelled by
steam or in any other way or towed.
PART II: APPOINTMENTS AND
POWERS (ss 4-9)
4. Appointment of
Director, etc.
(1) There shall continue to be established the Office of the
Director of Immigration Services and the President shall appoint upon such
terms and conditions as he may specify in the instrument of appointment, a
public officer to that office.
(2) The Director shall be the chief executive officer of the
Immigration Division and shall, in that behalf, be answerable to the Minister.
(3) There shall be appointed such number of immigration
offices as may be necessary for the proper and efficient administration of this
Act.
5. Delegation of
functions and powers of Director
(1) Subject to any general or specific directions given by
the Minister in that behalf, the Director may, in writing and subject to such
restrictions reservations, exceptions or conditions as he may impose, delegate
to any immigration officer all or any of the powers conferred upon him by or
under this Act; but no such delegation shall prevent the exercise by the
Director of any power so delegated.
(2) The Director may at any time, by writing under his hand,
revoke or vary his delegation under subsection (1) of all or any of the powers included
in the delegation.
(3) Any exercise by an immigration officer of any power
conferred upon the Director by or under this Act and delegated to him under
subsection (1) shall be deemed, unless the contrary is proved, to be the
exercise of that power as so delegated.
6. Functions of
Immigration Officer
Every immigration officer shall perform such functions and
duties as are imposed on him by or under this Act, or as may be determined by
the Director, from time to time.
7. General Powers of
Immigration Officer
Without prejudice to the generality of section 6, and for
the purpose of the better administration of this Act, any immigration officer
may–
(a) interrogate, or scrutinise the passport of any person
who desires to enter or leave Tanzania or any person who he has reasonable
grounds for believing to be a prohibited immigrant and, when he has reason to
suspect any infringement of any provision of this Act, or any regulations made
hereunder, interrogate, or scrutinise the passport of, any person who he believes
can give information regarding such infringement;
(b) require any person who has entered or who desires to
enter or leave Tanzania to make and sign any prescribed form of declaration or
to submit himself to examination by a medical practitioner;
(c) require the master of a ship, the captain of an
aircraft, the guard of a train or the person in charge of a vehicle arriving
from or leaving for any place outside Tanzania to furnish a list in duplicate,
signed by himself or his agent or other person authorised to do so on his
behalf, of the names of all persons in the ship, aircraft, train or vehicle and
to furnish such other information as may be prescribed;
(d) if he has reasonable cause to suspect that any person
has contravened any of the provisions of this Act or of any regulations made
hereunder or that the presence in Tanzania of any person is unlawful, and if he
is of opinion that in order to prevent justice from being defeated it is
necessary to arrest such person immediately arrest any such person without
warrant, and being him or cause him to be brought before a magistrate as soon
as is practicable;
(e) require the production to him of any proof or evidence
which he may consider necessary to substantiate any statement, either verbal or
written, made for the purpose of obtaining any permit, pass or other
authorisation which may be issued under the provisions of this Act;
(f) enter upon any premises at all reasonable hours and
investigate any matter relating to immigration;
(g) require any person to produce to him any document which
such person may be carrying or conveying.
8. Powers of arrest
(1) Any immigration officer may, without warrant, arrest any
person whom he reasonably suspects to be a prohibited immigrant or to have
contravened or to be about to contravene any of the provisions of this Act.
(2) If the Director is satisfied that any person entering
Tanzania has been made the subject of an order of deportation by the Government
of any other state or territory and is in transit to the country to which he is
to be deported, he may order that that person be detained for such period as
may be necessary to enable him to continue on his journey to that country, and
while so detained that person shall be deemed to be in lawful custody.
9. Powers of search
For the purposes of discharging his functions under this
Act, an immigration officer may–
(a) without warrant, stop, enter, board and search any
aircraft, train, vehicle, vessel, ship, building, premises, godown, container,
boat or any part of Tanzania;
(b) without search warrant, stop, enter board and search any
aircraft, train, vehicle vessel, ship or any part leaving or entering Tanzania
in regard to goods carried therein.
PART III: PROHIBITED IMMIGRANT
(ss 10-14)
10. Meaning of "prohibited immigrant"
(1) The expression "prohibited
immigrant" means any person who, if he seeks to enter Tanzania is or,
if he has entered Tanzania, was at the time of his entry–
(a) a destitute person;
(b) mentally defective or a person suffering from mental
disorder;
(c) a person–
(i) who refuses
to submit to examination by a medical practitioner after having been required
to do so under the provisions of paragraph (c) of section 7;
(ii) who is
certified by a medical practitioner to be suffering from a contagious or
infections disease which makes or which would make his presence in Tanzania
dangerous to the public;
(d) a person who, not having received a free pardon, has
been convicted in any country other than Tanzania of murder or any offence for
which a sentence of imprisonment has been passed for any term and who, by
reason of the circumstances connected therewith, is considered by the Minister
to be an undesirable immigrant; but this provision shall not apply to offences
which, in the opinion of the Minister, are of a political character not
involving moral turpitude;
(e) a prostitute or a person who is living on or receiving,
or who, prior to entering Tanzania, lived on or received, the proceeds of
prostitution;
(f) a person whose entry into or continued presence in
Tanzania is, in the opinion of the Minister or the Director, undesirable and
who is declared by the Minister or the Director to be a prohibited immigrant;
except that every declaration of the Director under this paragraph shall be
subject to confirmation by the Minister, whose decision shall be final;
(g) a person against whom there is in force a deportation
order or any order for deportation or expulsion from Tanzania made under the
provisions of any law for the time being in force;
(h) a person whose presence in or entry into Tanzania is
unlawful under any law for the time being in force;
(i) a person who is dealing in dangerous drugs.
(j) a dependant of a person to whom any of the preceding
paragraphs of this definition apply.
(2) If at any time a person ceases to be a person to whom
the provisions of subsection (1) apply, he shall immediately cease to be
prohibited immigrant.
11. Entry, etc., of
prohibited immigrants
(1) Subject to subsection 2, the entry and presence in
Tanzania of any prohibited immigrant shall be unlawful.
(2) The provisions of subsection (1) shall not apply to any
prohibited immigrant who is the holder of a valid permit or pass issued or
deemed to have been issued to him under the provisions of this Act unless that
permit or pass has been revoked.
12. Arrest and
expulsion of prohibited immigrants
(1) Subject to the provisions of this Act, any immigration
officer or any police officer may prevent any prohibited immigrant from
entering Tanzania and may, without warrant, arrest any prohibited immigrant or
any person who he has reasonable cause to suspect of having entered Tanzania
while being a prohibited immigrant otherwise than in accordance with the
provisions of this Act.
(2) Any person arrested under the provisions of subsection
(1) shall, without delay, be brought before a magistrate; except that–
(a) where the ship, being a sea-going vessel, or the
aircraft, from which such person disembarked is about to depart, he may,
instead of being brought before a magistrate, be handed over to the custody of
the master of the ship or the captain of the aircraft unless he sooner demands
to be taken before a magistrate; or
(b) where such person entered Tanzania overland or by inland
waters, he may, instead of being brought before a magistrate be conducted to
and placed across the frontier unless he sooner demands to be taken before a
magistrate; or
(c) where such person has been declared a prohibited
immigrant in Tanzania, he may instead of being brought before a magistrate, be
placed in custody until he boards a ship or aircraft or obtains any other means
of transport conveying him to any place outside Tanzania.
13. Liability for
bringing prohibited immigrants into Tanzania
(1) The person in charge of any aircraft, train, vehicle or
ship bringing into Tanzania and person found, on appearing before an
immigration officer, to be a prohibited immigrant, and the owners, agents and
charterers in Tanzania of that aircraft, train, vehicle or ship, shall upon
being required by an immigration officer to do so, remove that prohibited
immigrant from Tanzania and in default, pay to the Government all expenses
incurred by the Government in connection with the transport and maintenance of
the prohibited immigrant and his deportation from Tanzania.
(2) The amount of the expenses referred to in subsection (1)
shall be a debt due to the United Republic and shall be recoverable by a suit
brought in the name of the Director in any court of competent jurisdiction.
14. Deportation
(1) Any person, other than a citizen of Tanzania, whose
deportation is recommended by the Director consequent upon his conviction for
an offence against any of the provisions of this Act may be deported from
Tanzania pursuant to an order under the hand of the Minister.
(2) The Minister may make an order requiring–
(a) any prohibited immigrant (other than a prohibited
immigrant who is the holder of a valid pass or other authorisation issued to
him under this Act); or
(b) any person whose entry into Tanzania was, or presence
within Tanzania is, unlawful; or
(c) any person, other than a citizen of Tanzania, whose
conduct or continued presence in Tanzania is, in the opinion of the President,
likely to be a danger to peace and good order in Tanzania or is for any other
reason undesirable, to be deported from and remain out of Tanzania, either
indefinitely or for the period specified in the order.
(3) Any order made under subsection (1) or (2) shall be
carried into effect in such manner as the Minister may direct.
(4) A person against whom a deportation order is made may,
if the Minister so directs, while awaiting deportation and while being conveyed
to the place of departure, be kept in custody, and while so kept shall be deemed
to be in lawful custody.
(5) Where any person is brought before a court under the
provisions of this Act and the court is informed that an application for an
order under this section has been made in respect of him, the court may direct
that, that person be detained in custody for any period not exceeding twenty
eight days.
(6) A deportation order shall remain in force for the period
specified therein, unless sooner varied or revoked by the Minister, or, if no
period is so specified, until varied or revoked by the Minister.
(7) Where a deportation order under this section is made
against a person serving a sentence of imprisonment the order shall, if the
President so directs, be implemented notwithstanding that the full term of
imprisonment has not been served, and any such direction by the President shall
be sufficient authority for the release of that person from prison for the
purpose of his deportation.
PART IV: CONDITIONS OF ENTRY
AND RESIDENCE (ss 15-27)
15. Prohibition on
entry without passport, permit or pass
(1) Subject to subsections (2) and (3), no person to whom
this section applies shall enter Tanzania from any place outside Tanzania or
remain in Tanzania unless–
(a) he is in possession of a valid passport; and
(b) he is the holder of or his name is endorsed upon, a
residence permit issued under the provisions of this Act; or
(c) he is the holder of, or his name is endorsed upon, a
pass issued under the provisions of this Act.
(2) Notwithstanding subsection (1), the Director may, in any
particular case allow any person to enter Tanzania without a passport, subject
to such conditions as he may impose.
(3) The Minister may exempt any person or category of
persons from the requirement of possessing a passport.
(4) Where any permit or pass or any endorsement on a permit
or pass is cancelled and no further permit or pass is issued or endorsement
made, the presence in Tanzania of the former holder of that permit or pass or
of the person whose name was endorsed on that permit or pass, as the case may be,
shall not be unlawful by reason only of the provisions of subsection (1) before
the date or during the period commencing with, the expiry or cancellation, as
may be provided for in relation to permits, passes or endorsements, on permits,
passes or endorsements of the relevant category, by regulations made under
section 33, unless the Minister directs otherwise.
(5) The provisions of paragraphs (a) and (b) of subsection
(1) shall apply to every person other than–
(a) the envoy or other representative of a foreign sovereign
power accredited to Tanzania, and members of the official staff and the
domestic staff of such envoy or representative;
(b) a consular officer or consular employee of a foreign
sovereign power appointed to Tanzania and recognised as such by the Government
of Tanzania;
(c) the wife and dependant children of an envoy or other
representative of a foreign sovereign power accredited to Tanzania, or of a
member of the official staff of the envoy or other representative or of a
consular officer or consular employee of a foreign sovereign power appointed to
Tanzania and recognised as such by the Government of Tanzania;
(d) a person in the service of the Government of Tanzania or
the Revolutionary Government of Zanzibar and stationed in Tanzania who has in
his possession a valid passport and satisfies the immigration officer as to his
identity and occupation, and the wife and dependant children of such person;
except that any person so engaged in the service of the Government of Tanzania
or the Revolutionary Government of Zanzibar, may be called upon to provide
security either by bond or cash deposit for any expenses which may be incurred
by the Government or his employer for repatriating him, his wife and dependant
children to his country of origin;
(e) any other person in respect of whom the Minister has
given directions that he shall be exempt from the provisions of paragraphs (a)
and (b) of subsection (1) of this section.
(6) The wife or any dependant child of any person exempted
under subsection (5) shall not engage in any employment, business, trade or
profession in Tanzania without first obtaining a residence permit issued or
deemed to have been issued to him for that purpose.
(7) Where–
(a) any person to whom paragraph (a) of subsection (5)
refers ceases to hold that office;
(b) any person to whom paragraph (d) of subsection (5)
refers ceases to be in the service of the Government of Tanzania or the
Revolutionary Government of Zanzibar, or ceases to be stationed in Tanzania; or
(c) the Minister gives directions that any exemption granted
under paragraph (e) of subsection (5) is revoked or withdrawn,
then, on the expiration of one month from the cessation,
revocation or withdrawal of the exemption, as the case may be, or such longer
period as the Minister may allow, the presence in Tanzania of such person and,
in the case of a person to whom paragraph (a), (b), (d) or (e) of subsection
(5) refers, of his wife and dependant children, shall, unless otherwise
authorised under this Act, be unlawful.
(8) The Minister may, after consulting and obtaining the
consent of the President of Zanzibar, by order published in the Gazette, make
additional provisions regulating the entry into and exit from Zanzibar for visitors
to Tanzania.
16. Prohibition on
employment, study, etc., without permit
(1) No person shall engage in paid employment under an
employer resident in Tanzania except under a permit issued in accordance with
the provisions of this Act.
(2) No person shall for gain or reward engage in any
prescribed trade, business, profession or other occupation except in accordance
with the terms of an appropriate permit issued in accordance with this Act.
(3) No person shall commence any course of study at an
educational institution in Tanzania unless he is the holder of a valid
appropriate permit issued in accordance with this Act.
17. Establishment,
composition and functions of the Alien Immigrants Board
(1) There is hereby established a Board to be known as the
Alien Immigrants Board.
(2) The Board shall be composed of the members–
(a) a Chairman, being a senior officer in the Ministry
responsible for immigration, appointed by the President.
(b) the Commissioner for Labour in the Union Government or
his representative, who shall be the Secretary of the board;
(c) the Commissioner for Labour in the Revolutionary
Government of Zanzibar or his representative;
(d) six senior public officers, one each from the Union
Government and the Revolutionary Government of Zanzibar representing the
following institutions namely–
(i) the Ministry
responsible for trade and industry;
(ii) the
institution responsible for planning matters;
(iii) the
institution responsible for the Civil service.
(3) The functions of the Board shall be–
(a) to advise the Director and other relevant authorities on
factors to be considered before the Director or the authority concerned makes a
decision to issue work permits, business licences or Class B residence permits
to alien immigrants;
(b) to advise the Director and other relevant authorities on
conditions for, and ways of, controlling and monitoring entry, residence or
mobility of any alien immigrant who applies for and is issued with a work
permit, business licence or Class B residence permit under paragraph (a);
(c) to advise the Director and other relevant authorities on
whether or not the business or employment vacancy in which an alien immigrant
proposes to be engaged cannot be gainfully filled by citizens of Tanzania;
(d) to advise the Director generally on any measures for the
more effective carrying out of the provisions of this section.
(3) The Minister may by regulations published in the Gazette
prescribe the tenure of members and proceedings of the Board and otherwise in
relation to the Board.
(4) The Minister may amend, vary or revoke the regulations
made under subsection (3) of this section.
18. Classes of
residence permits
(1) There shall be three classes of residence permits to be
known respectively as Class A permits, Class B permits and Class C permits.
(2) A residence permit may be issued for any period not
exceeding three years and may be renewed for any period not exceeding two years
by an endorsement of renewal effected on it by the Director but so that the
total period of the validity of the original permit and of its renewals shall
not in any case exceed five years.
(3) The power to issue any class of permit shall be vested
in the Director.
(4) Subject to this Act and in particular the provisions of
this Part, any person who is granted a certificate of incentives pursuant to
the Tanzania Investment Act shall be entitled to an initial automatic
immigrant quota of up to five persons during the start period of the
investment.
(5) In issuing permits pursuant to the application submitted
by the Tanzania Investment Centre on behalf of a holder of certificate of
incentives, the Director shall, having due regard to the immigrant quota under
subsection (4), within fourteen days from the date of receipt of the
application issue the permit or indicate to the centre his reasons for refusal
to grant a permit.
(6) Subject to sections 11 and 12, the immigration quota in
respect of mining and petroleum operations shall be determined by the investor
depending on the nature of the operations.
(7) Subject to subsections (4) and (5), the Tanzania
Investment Centre shall make any application for an additional person within
the immigrant quota to the Director who may authorise my additional person whom
he shall deem necessary after taking into consideration the availability of
qualified Tanzanians, complexity of the technology employed by the business
enterprise and agreements reached with the investor.
19. Class
"A" residence permit
(1) A person, other than a prohibited immigrant, who intends
to enter or remain in Tanzania and engage in any trade, business, profession,
agriculture, animal husbandry, prospecting of minerals or manufacture may, if
the Director thinks fit, be granted a class A permit if–
(a) such person or some other person on his behalf furnishes
security by depositing with an immigration officer such sum as in the opinion
of the immigration officer, is sufficient to cover the cost of returning him,
his wife and dependant children, if any, to his country of origin or, in the
discretion of the immigration officer, to some other country into which he may
be admitted, together with a further sum not exceeding twenty-five per centum
of such first-named sum; or
(b) he furnishes security by entering into a bond with one
or more sureties to be approved by the immigration officer for an amount
calculated in accordance with paragraph (a).
(2) A person to whom a Class A permit has been granted shall
be permitted to enter or remain in Tanzania subject to such conditions relating
to–
(a) the area within which he may reside;
(b) the kind of occupation or business (if any) in which he
may engage, and the restrictions prohibitions or limitations subject to which
he may engage therein; and
(c) the duration of his residence in Tanzania, as may be
specified in the permit by the Director.
(3) Where any person to whom a Class A permit has been
granted–
(a) fails or ceases to be engaged in the trade, business,
profession or other occupation specified in the permit, or
(b) engages on any terms, in any trade, business profession
or occupation other than the trade, business, profession specified in the
permit,
the permit shall immediately cease to be valid and the
presence of that person in Tanzania shall, subject to the other provisions of
this Act, be unlawful.
(4) A person, other than a prohibited immigrant, who resides
in Tanzania for ten or more years and whose contribution to the economy or the
well being of Tanzania and Tanzanians through investment in trade, business,
profession, agriculture, animal husbandry, prospecting of minerals or
manufacture is immense or of great value may, if the Director thinks that that
person's contribution is still valuable and in demand, he may, subject to the
other conditions set out in this section, be granted a class A permit for
another period to be determined by the Director.
20. Class
"B" residence permit
(1) A person, other than prohibited immigrant, who has been
offered a specified employment in Tanzania and in respect of whom the Director
is satisfied that he possesses the qualifications or skill necessary for that
employment and that his employment will be of benefit to Tanzania may, if the
Director thinks fit, be granted a Class B permit subject to the condition that
the employer shall, before entry into Tanzania of that person and his
dependants, if any, or before he is granted the permit, give security for the
permit and for any other purposes as the Director may determine.
(2) A person to whom a Class B permit is granted shall be
permitted to enter or remain in Tanzania subject to any conditions in respect
of any of the matters referred to in paragraphs (a), (b) and (c) of subsection
(2) of section 19, or any other matter, which the Director may specify.
(3) Where any person to whom a Class B permit has been
granted–
(a) fails or ceases to be engaged in the employment
specified in the permit; or
(b) is engaged, on any terms, in any employment other than
the employment specified in the permit,
the permit shall immediately cease to be valid and the
presence of that person in Tanzania shall, subject to the other provisions of
this Act, be unlawful.
(4) Where the presence of a person in Tanzania becomes
unlawful by virtue of the provisions of subsection (3), the employer specified
in the permit of that person shall, within a period of thirty days from the
date on which the holder fails or ceases to be employed by that employer,
report that failure or cessation to an immigration officer; and any employer
who refuses or fails to comply with this subsection shall be guilty of an
offence.
21. Class
"C" residence permit
(1) A person, other than prohibited immigrant, who is not
granted a Class A or Class B permit may, if the Director thinks fit, be granted
a Class C permit subject to any condition in respect of matters referred to in
paragraphs (a) and (b) of subsection (1) of section 19, or any other matter, as
may be specified by the Director.
(2) A person to whom a Class C permit is granted shall be
permitted to enter or remain in Tanzania subject to such conditions as may be
specified by the Director.
22. Permits to be
issued subject to conditions
(1) Each residence permit issued under this Act shall be
subject to the conditions prescribed from time to time in respect of the class
of that residence permit.
(2) Every residence permit, irrespective of its class,
issued under this Act shall be subject to the condition that if at any time its
holder is notified by the Director that the permit has been revoked in
accordance with section 27, that holder shall, within the time specified by the
Director, leave Tanzania.
(3) A residence permit issued under this Act to any person
intending to visit or to remain in Zanzibar for the duration of the validity of
the permit shall be subject to the further condition that the holder shall
comply with the provisions of any order made under subsection (8) of section
15.
(4) Where it is proved that any person to whom a residence
permit was issued has contravened, failed or refused to comply with, any condition
subject to which the permit was, or was deemed to have been, issued, then the
permit shall expire and the presence of that person in Tanzania shall become
unlawful; and if the security furnished–
(a) was furnished
by way of deposit, that deposit may be forfeited, or
(b) by way of bond,
then the Director may sue for and recover the amount secured by the bond.
23. Appeals to the Minister
Any person aggrieved by any decision of the Director
refusing an application for a residence permit or varying the conditions or
period of validity specified in the permit, may appeal to the Minister against
the decision and the decision of the Minister on that appeal shall be final and
shall not be subject to any inquiry by any court of law.
24. Variation of
conditions of permits
Subject to the provisions of this Act relating to any permit
or class of permits, the Director may, on his own motion or on application in
the prescribed manner by the holder of a permit issued under this Act, vary the
conditions and the period of validity, specified in the permit.
25. Dependants of
person granted permits
(1) Subject to any conditions prescribed in that behalf, the
Director may, on application being made in that behalf in the prescribed form
by the holder of or the applicant for a residence permit, endorse on the
residence permit the name or names of the wife and the dependent children of
the holder or applicant accompanying him to or resident in Tanzania.
(2) An endorsement made under subsection (1) shall, unless
the Minister in any particular case directs otherwise, expire with effect from
the expiration of one month (or such further period as the Director may on
application made to him in that behalf in his discretion allow) from the death
of the holder of the residence permit or the date when the wife or child ceases
to be a dependant of the holder, or the date when the person whose name is so
endorsed ceases to be the wife or, as the case may be, a child, within the
meaning of this Act, of the holder, and the presence of that wife or as the
case may be, that child, in Tanzania shall unless otherwise authorised under
this Act, thereupon be unlawful.
26. Effect of fraud
(1) Where–
(a) the
Director is satisfied, in the performance of his functions; or
(b) it
is proved in any proceedings under this Act,
that any permit, pass, certificate or other authority issued
under this Act was obtained by, or issued in consequence of, any fraud or
misrepresentation or the concealment or non-disclosure, whether intentional or
inadvertent, of any material particular, that permit, pass, certificate or
other authority shall be and be deemed to have been, void with effect from the
date when it was issued.
(2) Where a permit pass, certificate or other authority
issued under this Act becomes, or is deemed to have been void, by virtue of the
provisions of subsection (1) the presence of its holder in Tanzania shall be,
and be deemed to have been, unlawful from the date when that permit, pass,
certificate or authority was issued and the provisions of section 14 of this
Act shall apply to him.
27. Revocation and
surrender of permits
(1) The Director may, by a written notice under his hand,
revoke any permit issued under this Act if he is satisfied that the holder–
(a) has contravened any of the provisions of this Act or has
failed to comply with any requirement made under this Act;
(b) obtained any permit by means of any representation which
was false in any material particular or by means of concealment of any material
information;
(c) has failed to observe any conditions specified in the
permit;
(d) has become or is likely to become a charge on the United
Republic in consequence of his failure to support himself and any of his
dependants who is in Tanzania.
(2) A notice revoking a permit issued under this Act shall
be served in person on the holder of the permit and shall specify–
(a) the permit to be revoked;
(b) the date, not being less than three days after the
service of the notice, on which the revocation shall take effect; and
(c) the ground or grounds on which the revocation is made, and
the permit shall cease to be valid on the date specified under paragraph (b).
(3) Every permit issued under this Act to a person who is a
prohibited immigrant shall be of no force and effect and shall be deemed never
to have been so issued.
(4) Every permit issued under this Act to a person who after
being issued with it becomes a prohibited immigrant shall cease to be of force
and effect at the time when the holder becomes a prohibited immigrant.
(5) Where a person issued with a permit of one class of
residence permit is subsequently granted a permit of another class, he shall
surrender the former permit to an immigration officer for cancellation.
(6) Where any person to whom a Class A, Class B or Class C
permit has been granted leaves Tanzania permanently, the permit shall be
cancelled by an immigration officer and that person shall surrender the permit
to an immigration officer for cancellation.
(7) Any person who contravenes or refuses or fails to comply
with any of the provisions of this section shall be guilty of an offence.
PART VI: MISCELLANEOUS
PROVISIONS (ss 28-38)
28. General power of
Minister on prohibition
Notwithstanding any of the other provisions of this Act, the
Minister may, in his discretion, prohibit the entry into or presence within
Tanzania or any person, other than a citizen of Tanzania, or of any category of
persons and, for so long as that prohibition remains in force, the entry into
or presence within Tanzania of that person or a person belonging to that
category shall be unlawful.
29. Evidence
Any document purporting to be–
(a) a warrant, notice, permit, certificate or other document
duly issued under this act; or
(b) a certified true copy of any record kept by the
Director,
shall, in any prosecution or other proceeding under or
arising from this Act, be prima facie evidence of the facts contained in it and
shall be receivable in evidence without proof of the signature or the official
character of the person appearing to have signed or certified it; except that
the court before which the proceeding is brought may direct that oral evidence
be adduced relating to the facts, signature or official character of the
person.
30. Burden of proof
Where in any proceedings under or for any of the purposes of
this Act, any of the following questions is in issue, namely–
(a) whether any person is or is not a citizen of Tanzania;
or
(b) whether any person's presence within Tanzania is lawful,
the burden to prove that that person is a citizen of
Tanzania or that his presence in Tanzania is lawful shall lie upon the party
contending that that person is a citizen of Tanzania or, as the case may be,
that his presence in Tanzania is lawful.
31. Offences
(1) Any person who–
(a) fails or refuses to answer any lawful and reasonable
question put to him by any immigration officer, or in answer to any such
question, gives any information which he knows or has reason to believe to be
false;
(b) whether within or outside Tanzania, makes any false
declaration, return or statement for the purpose of obtaining or assisting
another person to obtain any permit, certificate, authorisation pass, visa or
endorsement under this Act;
(c) alters any permit, certificate, pass, endorsement,
authority or other document issued or made in pursuance of this Act, or any
copy of any such document;
(d) allows or permits any permit, pass, certificate,
authority or other document granted or issued to be used by any person not
mentioned therein, or falsely represents himself to be the person to whom any
permit, pass certificate, authority or other document has been granted or
issued;
(e) uses or has in his possession any forged or irregular
passport, permit, certificate or any passport or similar document on which any
visa or endorsement has been forged, or any passport, permit, certificate or
pass which has been altered or issued without lawful authority;
(f) obstructs or impedes an immigration officer in the
execution of his duties;
(g) misleads or attempts to misled an immigration officer seeking,
in the execution of his duties, information in relation to any matter;
(h) fails to furnish any list or information required to be
furnished by him under this Act or regulations made hereunder;
(i) unlawfully enters or is unlawfully present with Tanzania
in contravention of the provisions of this Act;
(j) being a prohibited immigrant, fails to comply with a
lawful requirement of the Director to leave Tanzania;
(k) fails to comply with any term or condition imposed in
respect of any permit, certificate or pass issued to him under the provisions
of this Act or any regulations made hereunder being a term or condition with
which he is required to comply; or
(l) harbours any person who he knows or has reasonable
grounds for believing has committed any of the foregoing offence;
(m) engages in any employment, occupation, trade business or
profession, whether or not for gain, profit or other consideration whatsoever
without being in possession of a valid residence permit or pass issued to him
for such purposes;
(n) employs any person whether or not/gain, profit or other
consideration, who he knows or has reasonable cause to believe is committing an
offence under paragraph (m);
(o) falsely presents any passport, entry permit, pass, visa,
written authority consents or approval issued to another person as being such
document issued to himself;
(p) aids or abets any person in committing any of the
foregoing offences; and
(q) employs any person who is not a citizen of Tanzania and
who has no pass or permit authorising him to be so employed, shall be guilty of
an offence.
(2) Any person who commits an offence under this Act shall,
except where any other penalty is specifically provided therefor, be liable on
conviction to a fine not exceeding one hundred thousand shillings or to
imprisonment for a term not exceeding three years or to both such fine and
imprisonment.
(3) Any person who having been deported from Tanzania under
the provisions of this Act or any other law for the time being in force,
returns to Tanzania while the deportation order is still in force shall be
guilty of an offence and shall be liable on conviction to a fine not exceeding
two hundred fifty thousand shillings or to imprisonment for a term not
exceeding five years or to both such fine and imprisonment, and may again be
deported under the provisions of section 14.
(4) Where any prohibited immigrant enters Tanzania from any
ship, aircraft or vehicle, whether or not with the knowledge of the owner,
agent or person in charge thereof, such owner, agent or person in charge shall
each be guilty of an offence and shall be liable on conviction therefor to a
fine not exceeding three hundred thousand shillings, and, whether or not any
prosecution for an offence under this subsection has been commenced, the ship,
aircraft or vehicle may, by order of the court, be detained until provisions
has been made by the owner, agent or person in charge, as the case may be, to
the satisfaction of an immigration officer for the conveyance out of Tanzania
of such prohibited immigrant:
Provided that the provisions of this subsection shall not
apply where the prohibited immigrant is the holder of a valid pass or other
authorisation issued to him under the provisions of this act authorising him to
enter into and remain in Tanzania.
(5) Where any fine is imposed under the provisions of this
Act upon any owner, agent or person in charge of any ship, aircraft or vehicle,
such vessel, aircraft or vehicle may, by order of the court be detained until
such fine has been paid, and in the event of non-payment of the fine within
such time as the court may allow the court may order the attachment and sale of
such vessel, aircraft or vehicle in execution of such order for the payment of
fine.
(6) Any police officer may, if he has reasonable cause to
suspect that any person has contravened any of the provisions of this Act or of
any regulations made under this Act and if he is of opinion that in order to
prevent justice from being defeated its necessary to arrest such person, arrest
such person without warrant, and such person shall be brought before a
magistrate as soon as possible after such arrest.
(7) In any proceeding for an offence under this section a
person shall be deemed to know the contents of any declaration, return or
statement which he has signed or marked for the purpose of or pursuant to any
requirement of this Act or regulations made under this Act, whether or not he
has read such declaration, return or statement.
32. Indemnification
of public officers
No suit shall lie against any public officer in respect of
anything done or omitted to be done by him in good faith in the exercise or
purported exercise of any function conferred upon him by this Act.
33. Regulations
(1) The Minister may make regulations–
(a) prescribing–
(i) the terms and
conditions subject to which any person may be granted a pass enabling him to
enter and remain within Tanzania, the period for which any such pass may be
granted, the classes of passes and the person who may issue the same;
(ii) the terms and
conditions subject to which any person may be granted a pass to re-enter
Tanzania and the person who may issue such pass;
(b) making provision with regard to the endorsement of
passes, the conditions subject to which such endorsement may continue to be
valid and the expiry and termination of passes and endorsements thereon;
(c) providing for the payment and recovery of any expenses
incurred by the Government or any person authorised by the Government in that
behalf in connection with the detention, maintenance, medical treatment or
conveyance to any place outside Tanzania of any person;
(d) prescribing the place where, the person or persons to
whom, and the manner in which, applications to enter Tanzania shall be made;
(e) prescribing the place of or places which entry into
Tanzania may be made;
(f) prescribing the procedure to be followed by persons
entering Tanzania;
(g) prescribing the procedure to be followed by persons
entering or leaving Zanzibar;
(h) prescribing the procedure for the making of applications
for and the issue of visas;
(i) prescribing the information to be given by an employer
or prospective employer in relation to the arrival or expected arrival in
Tanzania of, the taking up or failure to take up employment by, the dismissal
from the employment of, or the expiration of determination of the contract of
employment concerning, any person, other than a citizen of Tanzania, employed
or to be employed by the employer;
(j) prescribing the fees, if any, to be charged upon
application for the grant, issue or renewal of any permit, endorsement or pass;
(k) making provision with regard to any delegation of powers
authorised by this Act;
(l) prescribing the deposit or security, if any, to be made
or given in respect of any person who enters or desires to enter, or has
entered, Tanzania under the authority of a permit or a pass issued under this
Act, the conditions subject to which such deposit or security may be forfeited
and the purposes for which any monies so forfeited may be applied;
(m) requiring persons entering or leaving Tanzania to
furnish to an immigration officer such information as may be prescribed or
required by such officer;
(n) prescribing the forms to be used for the purposes of
this Act;
(o) prescribing the information to be furnished and the
returns to be made by employers with respect to the persons employed by them,
including in particular information as to citizenship, nature of employment,
qualification and experience of such persons, and as to schemes for the
training of citizens of Tanzania for such employment;
(p) prescribing anything which is to be or may be prescribed
under this Act; and
(q) generally for the better carrying into effect of the
purposes of this Act.
(2) Regulations under this section may impose, for their
breach, penalties of a fine not exceeding three hundred thousand shillings or
imprisonment for a term not exceeding three years or both such fine and
imprisonment.
34. Power to exempt
The Minister may, by order published in the Gazette, exempt
any person or class of persons from all or any of the provisions of this Act or
regulations made under this Act, subject to such exceptions, limitations,
conditions and restrictions specified in such or any subsequent order.
35. Registration of
alien immigrants
The Minister may make rules for the registration of alien
immigrants to Tanzania prescribe conditions which those persons shall comply
with.
36. Reasons for
arrest, search or detention
(1) Every person arrested or detained under the provisions
of this Act shall be informed, as soon as reasonably practicable in a language
which he understands, of the reason for his arrest, search or detention.
(2) Notwithstanding the provisions of subsection (1), no
person shall be entitled to be informed as to the grounds of which a decision
has been made relating to his being declared a prohibited immigrant or to an
order for his deportation.
37. Repeal of Act No. 8 of 1972 and Z. Cap. 43
[Repeals the
Immigration Act and the Immigration Control Decree of Zanzibar.]
38. Savings
(1) Every permit, warrant, direction, certificate, notice or
other document and every order of deportation and every security which was
valid immediately before the commencement of this Act and–
(a) which was issued, made, granted or given under the laws
repealed by this Act; or
(b) whose effect was preserved under the laws repealed by
this Act, shall be given effect as if issued, made, granted or given under this
Act.
(2) Any person who before the commencement of this Act was
deported or removed from, or required to leave or prohibited from entering into
or remaining within the former Republic of Tanganyika, the former People's
Republic of Zanzibar or any part of the United Republic of Tanzania or any law
of Zanzibar enacted by the Revolutionary Council of Zanzibar, which was in
force immediately before the commencement of this Act shall be deemed to have
been deported or removed from, required to leave, or prohibited from entering
into or remaining within, as the case may be, the United Republic of Tanzania
under this Act.
the most valuable legal blog
ReplyDelete