CHAPTER 97 THE REGIONAL ADMINISTRATION ACT [PRINCIPAL LEGISLATION] . Arrangement of Sections OAG of n Section Title sios erm i p PART I ou t PRELIMINARY PROVISIONS ith d w 1. Short title. bu te 2. Application. str i i 3. Interpretation. or d d ce PART II u rod GOVERNMENT ADMINISTRATION AT rRe pEGIONAL LEVEL e 4. Office of Regional Commissioner. y ba 5. Functions of Regional Commissioner. ok m 6. Functions delegated by President. s b o 7. Powers of Regional Commissioner i f itnh enforcement of law and order. 8. Regional Consultative Commit o atrete. 9. Functions of Regional Consuo lptative Committee. 10. Regional Secretariat. d. N e 11. Functions of Regionaelr vs Secretariat. 12. Regional Adminis tres rative Secretary. ht ll r ig A PART III GOniaV . ERNMENT ADMINISTRATION AT DISTRICT LEVEL a 13. Offianc ze and appointment of District Commissioner. T 14. oFf t unctions of District Commissioner. 1m5e. n Powers of District Commissioner in enforcement of law and order. rn ve 16. District Consultative Committee. o G 17. Functions of District Consultative Committee. 250 18. District Administrative Secretary. ©2 PART IV GOVERNMENT ADMINISTRATION AT DIVISIONAL LEVEL 19. Divisional Secretary. 20. Functions of Divisional Secretary. 161 THE REGIONAL ADMINISTRATION ACT [CAP. 97 R.E. 2023] PART V MISCELLANEOUS PROVISIONS 21. Oaths by officers of Government. 22. Allocation of funds. 23. Administration of funds. G. A 24. Regulations. f Oo 25. Repeals and savings. ion iss SCHEDULE rm t p e u ith o ted w trib u di s d o r e du c ro re p be ay ok m is bo of th rt o p a N d. rve res e ts h ll r ig . A an ia nz of Ta nt rnm e ov e G 02 5 ©2 162 CHAPTER 97 THE REGIONAL ADMINISTRATION ACT . An Act to make provision for restructuring regional administration for the AG purposes of strengthening and promoting the local government system. O of [28th June, 1996s]io n is r[ms. 1] Acts Nos. pet 19 of 1997 ou 6 of 1999 ithw 13 of 2006 ute d tribs or di PART I d uc e PRELIMINARY PROrodp VISIONS re be Short title 1. This Act may be cited as the yR a egional Administration Act. m ok Application 2. This Act shall apply inis rbe ospect of the exercise of the executive functions of Govern mof tehnt in every area of Mainland Tanzania. pa rt Interpretation 3.–(1) Except .a Ns o is provided in subsection (2), all words and Act No. 6 of 1999 s. 92 expressionsr vues ded in this Act in relation to the local government Cap. 287 system s e rhe sall have the same meaning as is ascribed to them in Cap. 288 the Achttsg . A(ll ri 2) In this Act, unless the context requires otherwise- “iat.an he Act” means the Local Government (District Authorities) an z Act, or the Local Government (Urban Authorities) Act, T t o f as the case may be; men “this Act” includes any subsidiary legislation made and in ve rn o force under this Act; G 25 “appropriate authority” when used in relation to any act, ©20 appointment, dismissal, licence, permit, matter or other thing, means the person, committee or other body of persons permitted, required or in any other way, made responsible by this Act for doing the act, making the 163 THE REGIONAL ADMINISTRATION ACT [CAP. 97 R.E. 2023] appointment or issuing the dismissal, licence or permit or doing that other matter or thing; “area” when used in relation to any local government authority, means the area in which the local government . authority is established, empowered by or under the Act AG O or this Act to exercise jurisdiction in accordance with the of n Act in question; io iss “Chief Executive Officer” means the Chief Executive Opffie rmcer of a local government authority appointed pursuta o nt to Cap. 291 provisions of the Local Government Service ith w Act, and d when used in relation to- uteb (a) any district authority, a District Execusttir i di ve Director or a Township Executive Director; d o r (b) any urban authority, a Cityc edu Director, Municipal Director or a Town Directorp;roe Cap. 2 “Constitution” means the C boe nr stitution of the United Republic of Tanzania, 19 ay m77; “Consultative Committebeo” ok means the Regional Consultative Committee establi is sth ed by section 8; “district authorityr”t o fmeans a district council, a township authority or ao pv aillage council; “District Coemd . mN issioner” means the public officer appointed or deemsere v d to have been appointed under section 13 of e thisht sA rct; “efflel rci gtive date” in relation to any area of the United Republic . Aia or to any local government authority, means the date n nz a on which the Act comes into operation in relation to Ta of that area or, on which the local government authority is nt e established; m Acetr Nn o. “the former Act” means the Decentralisation of Government o2v7 of 1972 G Administration (Interim Provisions) Act; 25 20 “local government authority” means any district authority © or, urban authority; “Minister” means the Minister responsible for regional administration and local government; 164 THE REGIONAL ADMINISTRATION ACT [CAP. 97 R.E. 2023] Cap. 298 “public officer” has the meaning ascribed to it by the Public Service Act; “Regional Commissioner” means the public officer appointed or deemed to have been appointed and carrying on . functions in accordance with section 4; OAG “urban authority” means a town council, a municipal council of n or a city council. siois pe rm PART II t tho u GOVERNMENT ADMINISTRATIOd Nw i e AT REGIONAL LEVEL t trib u di s r Office of Regional 4.–(1) There shall continue to be esdt aoe blished under the Commissioner Constitution in respect of each region dtuh c o e office of the Regional Commissioner. pr re (2) Subject to the Constitutyi ob en, a Regional Commissioner shall be a public officer and ks hmaa ll be appointed by the President in accordance with the p rboo ovisions of the Constitution. (3) Where durinfg is th any period the office of Regional Commissioner is arvt oacant or a Regional Commissioner is, owing to absencoe p N or inability to act from illness or any other cause, unabrl d ve t. o exercise the powers or perform the duties of his office, e re sthose powers shall be held and may be exercised and the du ght tsies shall be discharged by the person appointed to act in Atlh l rai t behalf for that region for that period or, where no such naiap . pointment is made, by the Minister responsible for regional za an administration. of T t (4) Notwithstanding the enactment of this Act, a Regional n me Commissioner appointed or holding office immediately before rn ve the commencement of this Act shall, unless his appointment is o 5 G sooner terminated, continue to hold that office in accordance 02 ©2 with the terms of the instrument of his appointment and shall, while so remaining in office, be deemed to have been appointed under this section. 165 THE REGIONAL ADMINISTRATION ACT [CAP. 97 R.E. 2023] Functions 5.–(1) The Regional Commissioner shall be the principal of Regional Commissioner representative of the Government within the area of the region Act No. for which he is appointed and for that purpose all the executive 13 of 2006 s. 26 functions of Government in relation to that region shall be . exercised by or through the Regional Commissioner. G OA (2) In furtherance of the objects and provisions of subsection of n (1), the Regional Commissioner shall be responsible for securinissg io the maintenance of law and order in the region, determininegrm the specific direction of efforts in implementing the general upt p o olicies of the Government in the region and for the exeitrh w cise and d discharge of such other functions and duties as arueteb conferred or imposed upon him by or under this Act or anydi so trti her written law. (3) For the purposes of this section,d oit r shall be the duty of the Regional Commissioner to fa e duc cilitate and assist local government authorities in the rperoe gion to undertake and discharge their responsibilities b bye -r (a) providing and securi ay mng the enabling environment for successful performoo k b ance by them of their duties and functions; th is (b) ensuring cortm o fpliance by all persons and authorities with approo pp a riate government decisions, guidelines and reguladt.e i oNns in relation to the promotion of the local gosveer vrnment system; and e (c) htsd roing all such acts and things as shall facilitate or secure ll r ig the effective, efficient and lawful execution by the local A ia. authorities of their statutory or incidental functions. n nz a Functions Ta f 6.–(1) The President may, by writing under his hand and the delegatednt b oy Presideent public seal, delegate any of his functions and duties under any m ern written law to any Regional Commissioner. ov G (2) Notwithstanding subsection (1), the President may at 5 02 any time require any Regional Commissioner to discharge any ©2 task or exercise any function relating to the discharge of the executive functions of the Government. (3) Where any function is delegated to any Regional Commissioner pursuant to subsection (1) or where a Regional 166 THE REGIONAL ADMINISTRATION ACT [CAP. 97 R.E. 2023] Commissioner is required to discharge any task or exercise any function pursuant to subsection (2), the function shall be exercised and the task shall be performed as if it were a function or duty conferred or imposed upon the Regional . Commissioner by this Act. AG O of Powers of 7.–(1) For the purposes of the effective and better exercisseio n Regional s Commissioner in of his functions and duties under this Act, a Regieormn i al enforcement of Commissioner shall have power to cause to be arrestuet pd any law and order o person who in his presence commits or to his knowwit lhedge has committed, any offence for which a person mautye d be arrested and tried. rib ist (2) Notwithstanding subsection (1), orw d here a Regional Commissioner has reason to believe thuacte dany person is likely to commit a breach of the peace or distpuror db the public tranquillity, or to do any act that may probbaeb rely occasion a breach of the peace or disturb the public traay m nquillity, and that that breach cannot be prevented in oa onky way other than detaining that person in custody, he misa bh y order a police officer verbally or in t writing to arrest thartt o fp erson. (3) A person a prao rested under the powers conferred by this section shall, N da. s soon as is practicable, and in any case within not more t e sehr van forty-eight hours after he is taken into custody, be taken rets before a magistrate empowered to deal with the casel ribg hy the law for the time being in force in relation to the l iian. s Atitution and prosecution of criminal proceedings. za n (4) Where a person arrested by or pursuant to an order n f T a of a Regional Commissioner under powers conferred by this nt o e section is not brought before a magistrate within forty-eight ern m hours after he was taken into custody, he shall, upon the ov G expiration of that period, be restored to freedom and shall 02 5 not again be arrested by or under an order of that Regional ©2 Commissioner pursuant to this section for the same cause. (5) Where a Regional Commissioner orders the arrest of any person under the powers conferred by this section he shall, at the time of ordering the arrest giving the order, record 167 THE REGIONAL ADMINISTRATION ACT [CAP. 97 R.E. 2023] in writing his reasons for arresting or ordering the arrest of the person concerned, and shall deliver a copy of his recorded reasons, or cause a copy to be delivered, to the magistrate at the time the person is brought before the magistrate or, if . that person has been released before he is brought before the AG O magistrate, as soon as practicable after the release. of n (6)1 For the purpose of subsection (5), a magistrate sh io iassll have power to order the release and restoration to frepeed rmom of any person brought before him pursuant to this ust o ection without the reasons of the arrest being therewith fuwrit nh ished to d him in writing by or on behalf of the Regional C te buommissioner. (7) Notwithstanding subsection (5), the tpridis roduction of a copy of recorded reasons for an arrest un r dd oer this section shall not authorise a magistrate to dispednus cee with any provision requiring information to be given opnroe oath. (8) A magistrate before whome r a person is brought under this section may, in his disacy b m retion, detain that person in custody until the complebtoi ookn of the inquiry prescribed under Cap. 20 section 80 of the Crim tihn is al Procedure Act without prejudice to the power of the co f rut ort to grant bail. (9) A Regionoa pl aCommissioner and every police officer or other persone cda . Nrrying out the orders of Regional Commissioner under thiss esre vction shall execute the order of a magistrate given e underh ttsh r is section regarding the release and restoration to freelld ri gom of a person arrested in accordance with this section, an. Aia d failure or neglect to execute the order shall constitute an nz an offence of contempt of court and shall be dealt with in Cap. 16 of Ta accordance with section 114 of the Penal Code. en t (10) Where a Regional Commissioner exercises the powers m ern conferred on him by this section in abuse of the authority Gov of his office, then he, as well as any other person involved in 25 20 procuring the Regional Commissioner to exercise the power in © abuse of authority, commits an offence and may be proceeded Cap. 16 against in accordance with section 96 of the Penal Code. 1 NOTE: This subsection which was formerly part of subsection (5) has been rearranged for easy of reading and understanding. 168 THE REGIONAL ADMINISTRATION ACT [CAP. 97 R.E. 2023] Regional 8.–(1) There is hereby established, in respect of every region, a Consultative Committee Regional Consultative Committee. Act No. (2) The Regional Consultative Committee shall consist of- 13 of 2006 s. 27 (a) the Regional Commissioner for the region, who shall . be the Chairman; AG O (b) the District Commissioners of all districts in the region; f n o (c) the Chairmen of all district councils and all urbiassn io authorities in the region; rm pe (d) the Chief Executive Officers of all urban autohuo t rities, district authorities and township authori twiie ths in the d region; te bu (e) Members of Parliament representingd ri isctonstituencies in the region; d o r (f) Members of Parliament whose e du cnomination originated from political parties within ro ep the regions; and (g) Members of Parliamen tb ea rppointed by the President pursuant to Article 6 m6(a1y )(e) of the Constitution of the Cap. 2 United Republic bo k ofo Tanzania, 1977 hailing from the region. thi s (3) The Regionrat ol f Administrative Secretary shall be the Secretary of the oR pe agional Consultative Committee. (4) The Ceodm . Nmittee shall meet twice in ordinary session in each financers ival year, but may at any time hold an extraordinary e session.s rht (ll5 ri) g The Committee may co-opt as members such number of p A iae. rsons as it may deem necessary for the efficient execution of n nz a any task undertaken by it. Ta of Functioenns t 9. The functions of the Regional Consultative Committee shall of Rnegmional Cvoen rsultative be to- Go Committee (a) consider and provide advice to local government 25 Act No. 0 13 of 2006 s. 28 authorities regarding their development plans; ©2 (b) provide advice to any interested party on economic and development affairs in the region; (c) consider reports and advise the Government on national development projects, programmes and activities affecting or relating to the region; 169 THE REGIONAL ADMINISTRATION ACT [CAP. 97 R.E. 2023] (d) consider reports and advise on the activities of parastatals and of co-operative societies and other non- governmental organisations operating in the region; (e) monitor and ensure the co-ordination of the overall . economic development in the region; OAG (f) receive and consider reports from the District n o f Consultative Committee; and siois (g) discharge any other functions which the Ministepre m rmay direct in respect of all or any Consultative Comoum t ittee. th w i Regional 10.–(1) There is hereby established in respect ouft ee dvery region Secretariat in Mainland Tanzania a secretariat for that re i isgtr i bon which shall be a department of the Government. or d (2) There shall be established within ut d chee Regional Secretariat such number of offices as may be apppror dopriate, but that number shall at any time be kept as smabl e el ras and consist of the type of personnel whom the Presidemn aty shall determine. (3) A department andoo ka staff, functional, line or other, shall not be establishheisd b or appointed for or posted to a t Regional Secretariartt o f unless the establishment of that office or the appointmoe pn at of that or other officer is in the opinion of the Ministde. r N necessary for the facilitation of the work of the Goversnerm ve ent generally, and in particular, facilitating the promot re tsi on, development, fostering and upholding of local gove rrign h l ment and the realisation of the goals and targets of local Al giao. vernment authorities in relation to national development. n za Functions n Ta 11. The functions of the Regional Secretariat shall be to- of Regionta ol f Secretarinat (a) monitor sectoral trends; e Actr Nnmo. (b) provide technical and administrative assistance to offer 1v3e of 2006 s. 29 o policy interpretation; 5 G 02 (c) recommend new strategies and techniques for ©2 overcoming bottlenecks for productivity; (d) identify development opportunities; (e) monitor quality and standards of service delivery including training; 170 THE REGIONAL ADMINISTRATION ACT [CAP. 97 R.E. 2023] (f) enhance institutional capacity; and (g) carry out delegated development of ministries. Regional 12.–(1) There is hereby established in each region in Mainland Administrative Secretary Tanzania the post of Regional Administrative Secretary, in this . AG Act referred to as “the Secretary”, and the holder of which shall O of be appointed by the President. sio n s (2) Notwithstanding the enactment of this Act, a peer i rmson appointed as Regional Development Director shall, wituht p o effect from the effective date and until his appointment isit h w revoked, hold office as the Secretary for his region in acuctoe drdance with the terms of the instrument of his appointmeisntrt ib, subject to this Act, and shall while so remaining in offic eo rb de deemed to have been appointed under this section. ed uc (3) The Secretary shall be thpero d head of the Regional Secretariat, and shall be the prinbec riepal adviser to the Regional Commissioner in the exercmis aye of his functions in relation to the implementation ooof k decisions of Government and recommendations of his tbhe Consultative Committee and t generally, in relatiornt o t f o the region and its inhabitants. a o p d. N PART III rve eGseOVERNMENT ADMINISTRATION s rht AT DISTRICT LEVEL g ll r i Office and n1 A ia3. .–(1) There is hereby established in respect of each district appointment za of District n in Mainland Tanzania, the office of District Commissioner. a Commissi T oonfer (2) Subject to the Constitution, a District Commissioner nte shall be a public officer and shall be appointed by the President. m ve rn (3) Subject to this Act and to any other written law, the 5 G o District Commissioner shall, in the exercise of his functions 2 20 under this Act, be subject to the directions, guidance or © instructions of the Regional Commissioner of the region in which the district for which he is appointed is situated. (4) Where, during any period the office of District Commissioner is vacant or the District Commissioner is, 171 THE REGIONAL ADMINISTRATION ACT [CAP. 97 R.E. 2023] owing to absence or inability to act from illness or any other cause, unable to exercise the powers or perform the duties of his office, those powers shall be held and may be exercised and the duties shall be discharged by the District Commissioner . appointed by the Regional Commissioner to act in that behalf OAG for that district for that period. of n (5) Notwithstanding the enactment of this Act, a Distriiscst io Commissioner appointed or holding office immediately beerfmp ore its commencement shall, unless his appointment iso us t ooner terminated, continue to hold that office in accordanwci eth with the d terms of the instrument of his appointment and usteb hall, while so remaining in office, be deemed to have beendi sa trpi pointed under this section. or d e uc Functions 14.–(1) The District Commissioner srohdp all, subject to subsection of District Commissioner (3), be the principal representativ erebe of the Government within the area of the district for whmiacy h he is appointed, and for that purpose all the executive fukn oo ctions of Government in relation to that district shall bheis ebxercised by or through the District t Commissioner. f rt o (2) In furthoe pr aance of the objects and provisions of subsection (1),. Nd the District Commissioner shall be responsible for securin rve seg the maintenance of law and order in the district, determsin r e t ing the specific direction of efforts in implementing the l grige hneral policies of Government in the district, and shall l eiax. Aercise and discharge such other functions and duties as are za nconferred or imposed upon him by or under this Act or any an f T other written law. t o en (3) For the purposes of this section, it shall be the duty of the ern m District Commissioner to facilitate and assist local government ov G authorities in the district to undertake and discharge their 5 02 responsibilities by- ©2 (a) providing and securing the enabling environment for successful performance by local government authorities of their duties and functions; (b) ensuring compliance by all persons and authorities with appropriate Government decisions, guidelines 172 THE REGIONAL ADMINISTRATION ACT [CAP. 97 R.E. 2023] and regulations in relation to the promotion of the local government system; (c) doing all such acts and things as shall facilitate or secure the effective, efficient and lawful execution by the . authorities of their statutory or incidental functions. AG f O 15.–(1) For the purpose of the effective and better exercise of hisio n o Powers of District s Commissioner in s enforcement of functions and duties under this Act, a District Commissieo i rmner law and order shall have power to order or cause to be arrested anyo up t person who, in his presence, commits or to his knowliteh w dge has committed any offence for which a person may buete darrested and tried. ib ist r (2) Notwithstanding subsection (1) d ,o r where a District Commissioner has reason to believe tha e uct, dany person is likely to commit a breach of the peace or distruodp rb the public tranquility, or to do any act that may probbaeb rely occasion a breach of the peace or disturb the public tr y maanquility and that breach cannot be prevented in any way otoho ke r than by detaining that person in custody, he may order ais h pbolice officer verbally or in writing to t arrest that person. f rt o (3) A person oa pr arested under the powers conferred by this section shall, da.s N soon as practicable, and in any case within not more thanse fr voerty-eight hours, after he is taken into custody, be taken b e tse rfore a magistrate empowered to deal with the case by the llaigw h r for the time being in force in relation to the institution l aan. A i d prosecution of criminal proceedings. za n (4) Where a person arrested pursuant to an order of a Tan f District Commissioner under powers conferred by this section nt o e is not brought before a magistrate within forty-eight hours after ern m he was taken into custody, he shall, upon the expiration of that ov G period, be restored to freedom and shall not again be arrested 02 5 under an order of that District Commissioner pursuant to this ©2 section for the same cause. (5) Where a District Commissioner orders the arrest of any person under the powers conferred by this section, he shall, at the time of making the arrest or as soon as possible after 173 THE REGIONAL ADMINISTRATION ACT [CAP. 97 R.E. 2023] giving the order, record in writing his reasons for arresting or ordering the arrest of the person concerned and shall deliver a copy of his recorded reasons, or cause a copy to be delivered, to the magistrate at the time the person is brought before the . magistrate or, where that person has been released before he OAG is brought before the magistrate as soon as is practicable after of n the release. siois (6)2 For the purpose of subsection (5) and for avoidearmp nce of doubt, a magistrate shall have power to order the urt o elease and restoration to freedom of any person brought wbi ethfore him d pursuant to this section without the reasons of tbhu tee arrest being therewith furnished to him in writing by odris torin behalf of the District Commissioner. or d (7) Notwithstanding subsection (d5u) c,e the production of a copy of recorded reasons for an arrpersot under this section shall not authorise a magistrate to de r e b ispense with any provision requiring information to be giavym en on oath. (8) A magistrate before wokbo hom a person is brought under this section may, in his dishcis t r etion, detain that person in custody Cap. 20 until the inquiry pr oefrt scribed under the Criminal Procedure Act, without preoju p adice to the power of the court to grant bail. (9) A Disetdr .i cNt Commissioner and a police officer or other person casrerr vying out the order of a District Commissioner e underh t r tsh is section shall execute the order of a magistrate given undll erir g this section respecting the release and restoration to far.e A i edom of a person arrested in accordance with this section, an nz and failure or neglect to execute the order shall constitute Ta of an offence of contempt of court and shall be dealt with in t Cap. 16en accordance with section 114 of the Penal Code. m ern (10) Where a District Commissioner exercises the power Gov conferred on him by this section in abuse of the authority 25 20 of his office, then he, as well as any other person involved in © procuring the District Commissioner to exercise the power in 2 NOTE: This subsection which was formerly part of subsection (5) has been rearranged for simplification. 174 THE REGIONAL ADMINISTRATION ACT [CAP. 97 R.E. 2023] abuse of authority, commits an offence and may be proceeded Cap. 16 against in accordance with section 96 of the Penal Code. District 16.–(1) There is hereby established in respect of each district Consultative Committee committee to be known as the District Consultative Committee. G. A Act No. (2) The District Consultative Committee shall consist of- of O 13 of 2006 s. 30 (a) the District Commissioner who shall be the Chairmasnsi; on (b) the Chairman of the District Authority or the Uerrbm ian Authority within the district; ut p o (c) the Divisional Secretaries in the district; ith w (d) a Member of Parliament representing coutne dstituency in the district; ist rib (e) Members of Parliament whose no mor dination originated from political parties within thuec er degion; Cap. 2 (f) Members of Parliament approodp inted by the President pursuant to Article 66(1b)e( ere) of the Constitution of the United Republic of Tay m nzania, 1977 hailing from the region; k oo (g) all Heads of Divhiss bion in the councils; t (h) all Ward Exert cou f tive Officers in the councils; (i) Chairman p ao and Secretary of registered political parties havingd . o Nffices within district; and (j) suc e sehr v other members as may be co-opted or invited by tst hr ee Chairman to the District Consultative Committee. (l3 ri)g h The Council Director shall be the secretary to the Al D ia.istrict Consultative Committee. anz [s. 15A] Tan f Functionst on 17.–(1) The functions of the District Consultative of Dismtreict Coenrnsultative Committee shall be to- oCvommittee (a) receive reports on development programmes reports 5 GAct No. 02 13 of 2006 s. 30 and give advice to effective implementation of the ©2 development plans; (b) consider reports and advise Regional Commissioner on National Development Project; 175 THE REGIONAL ADMINISTRATION ACT [CAP. 97 R.E. 2023] (c) consider reports and advise on the activities of parastatals, cooperative societies and other non- governmental organisation operating in the district; (d) ensure that, local government authorities execute and . implement their development activities as mandated in G OA the development plans; of n (e) ensure effective implementation of the counicssi ilo decisions; pe rm (f) ensure adherence to code of conduct for opuo t litical parties in maintenance of peace and tranquwili ithty within d the district; bu te (g) manage natural disasters and coordidnisa trtie disaster relief within the district; r d o (2) For the purpose of subsection e du( c1)(g), natural disaster includes occurrences such as eartheqp ruo akes, hurricanes, floods, drought, fire, famine or epidem ibces r. ay m [s. 15B] oo k District 18.–(1) There shall be aips h pb ointed for or posted to every district Administrative t Secretary in Mainland Tanza f rtn oia in accordance with the provisions of Cap. 298 the Public Servi a oc ep Act, a public officer designated as District Administrativ N de. Secretary. (2) For r s eth vee avoidance of doubt, the District Administrative Secretatrs yr e shall be the principal adviser to the District Com h l rimg issioner in the exercise of his functions in relation to l t A iah. e implementation of decisions of Government and of local n za government authorities and, generally, in relation to the n f T a district and its inhabitants. nt o e (3) Save as is provided for by this Part, there shall not be ern m established any other department of the Government at the Gov district level, and all activities of the Government at that level 250 shall be conducted by the District Commissioner with the ©2 assistance of the District Administrative Secretary and other officers and staff of his office. [s. 16] 176 THE REGIONAL ADMINISTRATION ACT [CAP. 97 R.E. 2023] PART IV GOVERNMENT ADMINISTRATION AT DIVISIONAL LEVEL G. Divisional 19.–(1) There shall be appointed by the appointing authority OA Secretary f Act No. under the Public Service Act, for each division established o sio n 13 of 2006 s. 31 under the Act, a public officer designated as a Divisiomnisal Secretary. r t p e Cap. 298 (2) The Divisional Secretary shall perform such fuouith nctions as are or may be conferred on him by or under thiesd A wct, the Act or any other written law. ibu t r (3) A Divisional Secretary shall, in perf st r do i rming his duties and functions, be responsible and accouendt oable to- (a) in the case of functions and dutieucod s relating to the defence and security matters, th pr re District Administrative Secretary; and y b e (b) in relation to functiokn ms a and duties relating to divisional development, thes o bDo istrict Executive Director. (4) For the purposfe t ho i f this section, the functions and duties of the Divisionalp aS rte ocretary means the functions and duties specified unde.r N t oh is Act or the Act. (5) Uporn d ve the commencement of this Act, a Divisional Secretaryre s e appointed or holding office immediately before the cigohm ts mencement shall, unless his appointment is sooner terAmll r inated, continue to hold that office in relation to the . and iaivision with respect to which he was appointed and shall, z an while so holding office, be deemed to have been appointed T nt of under this Act. me [s. 17] ve rn 5 G oFunctions of 20.–(1) The functions of the Divisional Secretary shall be to- 02 Divisional 2 Secretary (a) represent and assist the District Commissioner in the © Act No. implementation of Central Government activities in 13 of 2006 s. 31 the Divisions; (b) prepare and coordinate information or reports relating to defence and security in wards within the Division 177 THE REGIONAL ADMINISTRATION ACT [CAP. 97 R.E. 2023] and submit them to the District Commissioner and the Director; (c) oversee implementation of the decisions and politics of the Central Government within the Division; . (d) sensitize and mobilise the residents within the Division OAG to participate in development activities; of n (e) liaise between the Central Government and tihsse io residents within the Division; pe rm (f) coordinate all activities connected with disas t outer and emergency management within the Division th d w ;i (g) deal with complaints from residen ib tust e within the Division; r dis t (h) prepare implementation report inor d the Division and submit to the District Commisdsu cioe ner; and (i) do any other function or depu roty as may be assigned to him by the District Com bme rissioner. may [s. 17A] k oo s b th i PART V f MISCaErtL oLANEOUS PROVISIONS p . N o Oaths by officers 21.–(1) A Reegdv ional Commissioner or a District Commissioner of Government shall not eenrres ter upon the duties of his office, unless he has taken hatsn d subscribed the oath of allegiance and the oath for duel rei g Cap. 266 Al xecution of the duties of his office, prescribed under the . nOia fficial Oaths Act. a an z (2) The provisions of the Official Oaths Act regarding the T t o f taking and subscribing of oaths prior to entering upon the n me duties of officers shall apply, mutatis mutandis, to all persons ernv appointed to hold the post of Regional Administrative Go 5 Secretary. 2 ©20 [s. 18] 178 THE REGIONAL ADMINISTRATION ACT [CAP. 97 R.E. 2023] Allocation of 22.–(1) Parliament may, in an appropriate act, provide for funds allocation of funds to every regional secretariat to enable it to meet the estimated expenditure; save that in relation to the 1996/97 financial year, the Minister for Finance may, in . exercise of powers conferred upon him by the Appropriation AG O Act for that financial year, reallocate funds to those local of n government authorities from allocations made to oth io isesr ministries, departments and regions. pe rm (2) Where any of the funds referred to in subsecotui to n (1) relate to the expenditure of a local government au t th whi ority, the d funds shall be transferred to the local governmutb eent authority concerned as soon as may be practicable afte tri dris the allocation of the funds from the Government has been d om r ade. ce du [s. 19] pro Administration of 23.–(1) Funds allocated to a regi re boenal secretariat under section funds Act No. 22 shall be administered by tmhaey Secretary. 6 of 1999 s. 93 (2) A Secretary shalolo k be responsible for the proper administration of fundhis ballocated to the regional secretariat t and shall be the accrot ou f nting officer in relation to those funds. o p a [s. 20] N d. Regulations 24.–(1) Theerv eMinister may make regulations for the better carryinsg r eosut of the purposes and provisions of this Act, and with ht roigut prejudice to the generality of that power, may make re. gAull lations- nia za (a) regulating the quorum, proceedings, meetings of, and n Ta other matters in relation to, Regional Consultative ofnt Committees; and me rn (b) providing for any matter or thing which is required to e ov or may be provided for or prescribed under this Act. 5 G 02 (2) Regulations made under this section shall be published ©2 in the Gazette. [s. 21] 179 THE REGIONAL ADMINISTRATION ACT [CAP. 97 R.E. 2023] Repeals and 25.–(1) [Repeals the Decentralisation of Government savings Acts Nos. Administration (Interim Provisions) Act; the Regions and 2 of 1962 Regional Commissioners Act; and the Area Commissioners 19 of 1962 27 of 1972 Act.] . Cap.1 (2) The provisions of sections 28, 29, 30, and 31 of the G OA Interpretation of Laws Act shall apply in relation to the repeal of n of the laws specified in this section as if those provisions weisrse io enacted in this Act. ermp ut [s. 22] ith o ted w FIRST SCHEDULE ibu dis tr (Made under section 5 )or ed LAWS IMPOSING STATUTO uc oRdY FUNCTIONS ON REGIONAL COMMr ISSIONER re p (a) Article 61(4) of the Cons e yt ibtution [Cap. 2]; (b) The Local Governmen mt aFinances Act [Cap. 290]; (c) The Local Governmoeko nt (Urban Authorities) Act [Cap. 288]; (d) The Motor vehiicsl bes (Tax on registration and transfer) Act [Cap. 124]; of th (e) Act, No. 5 aortf 1972; (f) The NaNtoio pnal Service Act [Cap. 193]; (g) The dT. e anzania Medicines and Medical Devices Act [Cap. 21er9v]; (h) reTh s e Business Licensing Act [Cap. 208]; g(hi t)s The Intoxicating Liquors Act [Cap. 77]; ll r i (j) The Transport Licensing Act [Cap. 317]; A ia. (k) The Prisons Act [Cap. 58]; n nz a (l) The National Defence Act [Cap. 192]; Ta (m) The Witchcraft Act [Cap. 18]; and of t (n) The Townships (Removal of Undesirable Persons) Ordinance en [R.L. Cap. 104]. rnme Gov 02 5 ©2 180 THE REGIONAL ADMINISTRATION ACT [CAP. 97 R.E. 2023] SECOND SCHEDULE (Made under section 14) LAWS IMPOSING STATUTORY FUNCTIONS ON DISTRICT COMMISSIONER G. A (a) The Law of Marriage Act [Cap. 29]; and O of (b) The Local Government (District Authorities) Act [Cap. 287]i. s on s erm i t p ou ith w ute d ib dis tr d o r uc e pro d e be r y k m a o bo thi s f art o No p ed . erv re s hts ll r ig ia. A an nz f T a o en t ern m Gov 5 20 2 © 181 G. A of O sio n is rm t p e ou ith ted w u str ib i or d ce d u rod re p e ay b k m oo his b f t art o No p ed . rv se ts re igh All r nia . nz a a f T nt o me ve rn 5 G o 2 ©20