©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 85 CHAPTER 322 THE POLICE FORCE AND AUXILIARY SERVICES ACT [PRINCIPAL LEGISLATION] Arrangement of Sections Section Title� part i PRELIMINARY PROVISIONS 1. Short title and application. 2. Interpretation. part ii CONSTITUTION, ADMINISTRATION AND DUTIES OF THE FORCE 3. Establishment of Police Force. 4. Constitution of Force. 5. Duties of Force. 6. Repealed. 7. General powers of Inspector General. 8. Administration of Force. 9. Delegation by Inspector-General. 10. Officers in charge of stations police to keep prescribed books and to render returns. 11. Officers in charge of police to be responsible for stores. part iii APPOINTMENT, ENLISTMENT, SERVICE AND DISCHARGE 12. Appointment of police officers. 13. Period of engagement of inspectors. 14. Enlistment of constables, followers and police cadets. 15. Declaration on Joining the Force. 16. Leave conditions. 17. Re-engagement. 18. Re-engagement after discharge. 19. Service in certain other police forces may count for service in Force. 20. Police officers not to resign without permission. 21. Members of Force not to engage in other employment. 22. Prolongation of service incase of war. ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 86 THE POLICE FORCE AND AUXILIARY SERVICES ACT� [CAP. 322 R.E. 2023] 23. Discharge. 24. Rules for reckoning service for purposes of discharge. 25. Discharge on completion of service. 26. Arms and accoutrements to be delivered upon ceasing to be long to Force. part iv POWERS AND DUTIES OF POLICE OFFICERS 27. General powers and duties of police officers. 28. Police officer to be deemed prison officer in certain circumstances. 29. Police officers may use arms in certain cases. 30. Power to lay information or complaints. 31. Police bail. 32. Attendance of witness. 33. Records of interview. 34. Witness bonds. 35. Search by police officer. 36. Power to take finger prints, photographs, etc. 37. Medical examination. 38. Identification parade. 39. Power to inspect licences and search vehicles. 40. Force to keep order on public roads. 41. Road barriers. 42. Power to regulate music and conduct of assemblies, etc,. 43. Assemblies and processions in public place. 44. Power to disperse assemblies and processions wherever held. 45. When assembly or procession unlawful. 46. Penalties. part v UNCLAIMED PROPERTY 47. Disposal of unclaimed property. part vi PROCEEDINGS AGAINST POLICE OFFICERS 48. Non-liabilities for act done under authority of warrant. 49. Salary of certain police officers not to be attached for money borrowed or goods of supplied. ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 87 THE POLICE FORCE AND AUXILIARY SERVICES ACT� [CAP. 322 R.E. 2023] part vii DISCIPLINE 50. Offences against discipline. 51. Powers of officers to hold an inquiry. 52. Procedure at inquiry. 53. Punishment for offence against discipline. 54. Special power of Inspector-General. 55. Powers of officer holding inquiry. 56. Appeals against punishment for offences against discipline. 57. Interdiction pending inquiry and suspension. 58. Officer interdicted or suspended not to cease to be police officer. 59. Dismissal and reduction in rank of police officer on conviction. 60. Fines to be recovered by stoppage of pay. 61. Loss or damage to arms and accoutrements to be made good by stoppage of pay. 62. Pay not to accrue during absence without leave, imprisonment or detention. 63. Place of confinement of offenders. 64. Mode of complaint by police officer. 65. Prohibition against police officer being member of trade union. part viii POLICE REWARDS FUND 66. Establishment of Police Rewards Fund. part ix GRATUITIES AND BENEFITS WHICH MAY BE GRANTED TO CERTAIN MEMBERS OF THE FORCE OTHER THAN PENSIONABLE OFFICERS 67. Application of sections 68 to 72. 68. Gratuities payable after twelve or more years service. 69. Proportional gratuities payable in certain circumstances. 70. Gratuities earned to be deemed part of officer’s estate. 71. Gratuity remaining unpaid at death how disposed of. 72. Compensation in case of death, injury or damage incurred on duty. 73. Gratuity for holders of award. part x DISPOSAL OF DECEASED’S ESTATES 74. Provisions for disposal of property of officers dying intestate. ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 88 THE POLICE FORCE AND AUXILIARY SERVICES ACT� [CAP. 322 R.E. 2023] part xi EMPLOYMENT OF POLICE OFFICERS ON SPECIAL DUTY AND THE MAINTENANCE OF ORDER IN DISTURBED AREAS 75. Employment of police officers on special duty at expense of private persons. 76. Employment of additional police in special circumstances. 77. Employment of additional police in disturbed areas. 78. Award of compensation to sufferers from misconduct of inhabitants of disturbed area. 79. Definition of “Inhabitants”. 80. Recovery and disposal of moneys paid under Part XI. part xii SPECIAL POLICE OFFICERS 81. Power to appoint special police officers. 82. Power to suspend or determine services of special police officer. 83. President may establish force of special police officers. 84. Definition of “special police officer”. 85. Appointment to serve and refusal. 86. Powers and duties of special police officer. 87. Inspector-General to provide necessary equipment for special police officer. 88. Uniform etc., to be delivered upon termination of appointment. 89. Inspector - General to command. 90. Compensation on death, injury or damage to property while on duty. part xiii SERVICE OUTSIDE THE UNITED REPUBLIC 91. Minister may send police officers to neighbouring country. 92. Despatch of police officers to neighboring countries in temporary emergency. 93. Police officers on service outside United Republic to be under own superior officers and subject to their own laws and orders. 94. Conditions precedent to be fullfiled by law of country concerned. 95. Police officers from neighbouring country serving United Republic to be under their own laws, orders and their own officers. 96. Enforcement of contract made with Government of neighbouring country. 97. Powers of members of police force of neighbouring country. 98. Powers of courts of United Republic. part xiv GENERAL PROVISIONS 99. Power to prosecute under other law not to be affected. 100. Mutiny. ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 89 THE POLICE FORCE AND AUXILIARY SERVICES ACT� [CAP. 322 R.E. 2023] 101. Police officers discharged between certain dates required to report. 102. Desertion. 103. Unlawful possession of articles, supplied to police officer and personation. 104. Harbouring in public house police officers while on duty. 105. Persons causing disaffection etc.. 106. Disorderly conduct in police station office or lockup. 107. General penalty. part xv POLICE RESERVE 108. Establishment of police reserve. 109. Constitution of Reserve. 110. Control of Reserve. 111. Declaration to be made upon enlistment. 112. Period of service in Reserve. 113. Rank to be allotted to member of Police Reserve. 114. Right to take discharge in certain circumstance. 115. Pay and allowances. 116. Duties of member of Police Reserve. 117. Calling out of Reserve for annual training. 118. Calling out of Reserve service in case of emergency. 119. When member called up for training or service, notice to be served upon member of Police Reserve. 120. When called out under provision of this Act. 121. Penalties. 122. Discharge of member of Police Reserve. 123. Inspector-General may dispense with services of member of Police Reserve. 124. Gratuities. part xvi AUXILIARY POLICE FORCE 125. Interpretation. 126. Establishment of Auxiliary Police Force. 127. Functions of Auxiliary Police Force. 128. General powers of Inspector-General. 129. Declaration of special areas. 130. Auxiliary police officers to be stationed in special areas. 131. Establishment and maintenance of police stations in special areas. 132. Special areas to be deemed to be one in certain circumstances. 133. Administration and control of auxiliary police officers in special areas. ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 90 THE POLICE FORCE AND AUXILIARY SERVICES ACT� [CAP. 322 R.E. 2023] 134. Appointment of auxiliary police officers. 135. Resignation. 136. Withdrawal of precept. 137. Payment of auxiliary police officer. 138. Equipment. 139. Powers, duties and immunities of auxiliary police officer. 140. Offences against discipline. 141. Powers of arrest for offences. 142. Punishments which may be awarded. 143. Delivery up of badge, precept and uniform on resignation, etc,. 144. Return of badge, precept and uniform delivered up. 145. Offences. 146. Police officer for purposes of section 243 of Penal Code. 147. Powers of Police Force under this Part to be additional. part xvii MISCELLANEOUS PROVISIONS 148. Regulations. 149. Repeal. SCHEDULES ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 91 PART I PRELIMINARY PROVISIONS4 1.–(1) This Act may be cited as the Police Force and Auxiliary Services Act. (2) The following sections shall apply to Mainland Tanzania as well as to Tanzania Zanzibar: Sections 2, 3, 4, 5, 7, 8, 9, 10, 11, 16, 26, 63, 64, 66(3) and (4), 67, 68, 69, 70, 71, 72, 73, 74, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 100 and 106. 4 Note: This Chapter consists of- (a) � The Police Force Ordinance [R.L. Cap. 322] - Parts I–XIV which came into operation on 1st January,1953. (b) � The Police Reserve Ordinance [R.L. Cap. 56] - Part XV which came into operation on 9th June, 1939. (c) � The Auxiliary Police Ordinance [R.L. Cap. 262] - Part XVI, which came into operation on 13th August, 1948. Short title and application CHAPTER 322 THE POLICE FORCE AND AUXILIARY SERVICES ACT1 An Act to provide for the organisation, discipline, powers and duties of the Police Force, a Police Reserve and an Auxiliary Police Force and for related matters. [1st January, 1953] [9th June, 1939] [13th August, 1948] Ords. Nos. 1 of 1939 42 of 1948 14 of 1950 51 of 1952 27 of 1954 22 of 1955 1 of 1958 43 of 1958 [R.L. Cap. 56] [R.L. Cap. 262] 64 of 1961 35 of 1962 19 of 1964 35 of 1965 73 of 1965 GNs. Nos. 73 of 1965 48 of 1961 [R.L. Cap. 322] Acts Nos. 2 of 1965 19 of 1966 11 of 1971 31 of 1972 15 of 1980 9 of 1985 5 of 1993 3 of 1995 19 of 1996 6 of 2012 ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 92 THE POLICE FORCE AND AUXILIARY SERVICES ACT� [CAP. 322 R.E. 2023] 2.–(1) In this Act, unless the context otherwise requires- “arms” includes firearms; “Assistant Commissioner” means an Assistant Commissioner of Police and the expression includes a Senior Assistant Commissioner, a superintendent or other police officer in command of the police in any region; “cognisable offence” has the meaning assigned to it in section 2 of the Criminal Procedure Act; “Commissioner” means a Senior Commissioner or a Commissioner appointed under section 8; “constable” includes all grades of the rank of constable; “Deputy Commissioner” means the Deputy Commissioner of Police; “Force” means the Police Force of the United Republic; “gazetted officer” means a police officer of a rank of Assistant Superintendent or above; “inspector” includes a chief inspector, a senior inspector, an inspector and a sub-inspector; “Inspector-General” means the Inspector-General of Police; “intoxicating liquor” has the meaning assigned to it in the Intoxicating Liquors Act; “Minister” means the Minister responsible for matters relating to the Police Force; “non-commissioned officer” means a police officer of the rank of sergeant major, sergeant or corporal; “officer in charge of police” means a police officer appointed by the Commissioner under section 8 to be in command of the police in any place or any police officer, his senior in rank, for the time being in the place, and where a police officer has not been appointed as aforesaid, includes the administrative officer for the time being in charge of the place; “officer in charge of a police post” includes any officer superior in rank to an officer in charge of a police post and, when the officer in charge of the police post is absent from the post or unable from illness or other cause to Interpretation Ords. Nos. 22 of 1955 s. 2 1 of 1958 s. 2 22 of 1958 43 of 1958 64 of 1961 s. 2 GNs. Nos. 73 of 1965 11 of 1971 73 of 1965 Cap. 20 Cap. 77 ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 93 THE POLICE FORCE AND AUXILIARY SERVICES ACT� [CAP. 322 R.E. 2023] perform his duties, the police officer present at the post who is next in rank to such officer; “officer in charge of a police station” includes any officer superior in rank to an officer in charge of a police station and, when the officer in charge of the police station is absent from the station or unable from illness or other cause to perform his duties, the police officer present at the post who is next in rank to such officer; “pensionable officer” means a member of the Force whose service is pensionable under the Public Services Social Security Fund Act; “police officer” means a member of the Force of or above the rank of constable; “police post” means any place appointed by the Inspector- General to be a police post; “Police Rewards Fund” means the Fund established under section 66; “police station” means any place appointed by the Inspector- General to be a police station, and includes any local area policed from such a station; “prescribed” means prescribed by regulations made under this Act; “property” includes any movable property, money or valuable security; “public place” means any highway, public park, common or garden, any sea beach, or lake shore, and any public bridge, road, street, lane, footway, square, court, alley or passage, whether a thoroughfare or not, and includes any place, whether a building or not, to which for the time being the public have or are permitted to have access, whether on payment or otherwise; “recruit” means a person undergoing training for a post in the Force who is a member of the Force but who is not a police officer; “region” means a region of the United Republic in which the command of the police is vested in an Assistant Cap. 371 ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 94 THE POLICE FORCE AND AUXILIARY SERVICES ACT� [CAP. 322 R.E. 2023] Commissioner or superintendent or other police officer appointed by the Inspector- General to be in command thereof; “sergeant” includes a station sergeant and all grades of the rank of sergeant; “superintendent” includes senior superintendent; and “superintendent in charge of police” means the superintendent or other police officer appointed by the Inspector-General to be in command of any branch of the Force or police stationed in a Region. (2) [Omitted]. PART II CONSTITUTION, ADMINISTRATION AND DUTIES OF THE FORCE 3. The Police Force of the United Republic shall be established and constituted in accordance with this Act. 4. The Force shall consist of members of the following ranks as the President may direct, in the following order of seniority:- Gazetted Officers- Inspector-General; Commissioner; Deputy Commissioner; Senior Assistant Commissioner; Assistant Commissioner; Senior Superintendent; Superintendent; Assistant Superintendent; Inspectors- Inspector; Assistant Inspector; Non-Commissioned Officers- Sergeant Major; Staff Sergeant; Establishment of Police Force GN. No. 73 of 1965 Sch. Constitution of Force Acts Nos. 22 of 1955 s. 3 1 of 1958 s. 3 64 of 1961 s. 3 11 of 1971 Sch. GNs Nos. 73 of 1965 Sch. 19 of 1996 ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 95 THE POLICE FORCE AND AUXILIARY SERVICES ACT� [CAP. 322 R.E. 2023] Sergeant; Corporal; Constables- Constable; Recruit; Police Cadet. 5.–(1) The Force shall be employed in and throughout the United Republic to perform the following duties: (a) the preservation of peace; (b) maintenance of law and order; (c) prevention and detection of crime; (d) apprehension and guarding of offenders; (e) protection of property; and (f) perform any other duty as directed. (2) The Members of the Force shall be entitled to carry arms. (3) The Members of the Force shall be bound to serve anywhere in the United Republic or on board of any ship within the territorial waters of the United Republic, and to proceed to any neighboring country as provided in Part XIII and to proceed to other places as their duties under subsection (1) of this section may require. 6. [Repealed by Act No. 2 of 1965 Sch.] 7.–(1) The Inspector-General shall, subject to any orders or directions given by the Minister as to the operational control of the Force, have the command, superintendence and direction of the Force. (2) The Inspector-General may, subject to the orders and directions given by the Minister, the provisions of this Act and any regulations made there under, make orders for the general government of the Force in relation to the enlistment, ranks, classification, duties, distribution, inspection, transfer, including expenses in connection therewith, discharge, training, arms and accoutrements, clothing and equipment, and places of residence of the members thereof, and other Duties of Force GN. No. 73 of 1965 2nd Sch. Repealed General powers of Inspector General Act No. 6 of 2012 s. 7 GNs. Nos. 148 of 1961 Sch. 73 of 1965 2nd Sch. ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 96 THE POLICE FORCE AND AUXILIARY SERVICES ACT� [CAP. 322 R.E. 2023] orders as he may deem expedient for preventing neglect and for promoting efficiency and discipline on the part of the Force in the discharge of its duties. (3) The Orders or directions made under this section may be published in the Gazette. 8.–(1) The Administration of the Force throughout the United Republic shall be vested in the Inspector-General and for this purpose, the Force shall be organised in branches and distributed according to regions, area and places as he may with the approval of the minister, decide. (2) A Commissioner may be appointed for any part of the United Republic, or for any function of the Force, and the Commissioner appointed shall be the deputy of the Inspector- General for that part or for the purpose of that function, and shall, subject to any direction of the Inspector-General have the powers, functions and duties of the Inspector-General in that behalf, and where a Commissioner is appointed for any such part, the subordinate commanders shall be responsible both to the Inspector- General and to the Commissioner for their respective commands and the following provisions of this section shall be construed accordingly. (3) Where a Senior Commissioner has been appointed for any part of the United Republic or for any function of the Force, the provisions of subsection (2) shall apply in relation to the Senior Commissioner as if references in that subsection to the Commissioner were references to the Senior Commissioner, and the Commissioner appointed for that part of the United Republic or for that function shall be responsible to the Senior Commissioner. (4) The command of the Police in any region or area shall be vested in an Assistant Commissioner or a Superintendent or any other police officer appointed by the Commissioner to be in command thereof subject to the orders and direction of the commissioner and, in the case of a police officer in command in a region, of the Assistant Commissioner or other police officer in command in the region in which such area is included, such Administration of Force Act No. 1 of 1971 Sch. GNs. Nos. 148 of 1961 Sch. 73 of 1965 Sch. ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 97 THE POLICE FORCE AND AUXILIARY SERVICES ACT� [CAP. 322 R.E. 2023] police officer shall have the command, direction and management of the police in the region or area to which he is appointed, and shall be responsible to the Inspector-General and, in the case of a police officer in command in the area, to the police officer in command in the region in which such area is included, for all matters relating to the training, discipline and interior economy of the members of the Force under his command, and the performance of all police duties in his region or area. (5) The command of the police in any place in the United Republic shall be vested in a police officer as may be appointed by the Commissioner to be in command thereof and the officer shall be subordinate to and carry out the orders of the police officer in command in the province in which the place is situated in all matters relating to the training, discipline and interior economy of the members of the force under his command, and the performance of all police duties in the said place. (6) In any place where a police officer is not appointed by the Inspector-General to be in command of the police in such place, the administrative officer for the time being in charge of the place shall have the powers conferred by law upon an officer in charge of police as shall be necessary for the purpose of exercising, and, subject to the orders and directions of the police officer in command in the region in which the place is situated, shall exercise control over such police and their training, discipline and interior economy: Provided that, Parts I to XIV shall not be deemed to render administrative officer as a police officer. (7) Where an administrative officer is invested with the powers and duties of an officer in charge of police he shall keep books and render returns as the Inspector-General may from time to time direct. 9. The Commissioner may with the consent of the Minister by writing under his hand, delegate any of his powers under Parts I to XIV so that the delegated powers may be exercised by the delegate with respect to the matters or class of matters specified or defined in the instrument of delegation. Delegation by Inspector-General GN. No. 73 of 1965 2nd Sch ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 98 THE POLICE FORCE AND AUXILIARY SERVICES ACT� [CAP. 322 R.E. 2023] 10. An officer in charge of a police station shall keep a general diary or occurrence book in such form as the Inspector- General may direct, and shall record therein all complaints and charges preferred, the names of all persons arrested and the offences charged against such persons, and shall also keep such further books and records and shall render such returns to the Inspector-General as he may direct. 11. An officer in charge of police shall be responsible for all public stores and public moneys issued and delivered for the use of the members of the Force under his command and shall account for the same to the Inspector-General. PART III APPOINTMENT, ENLISTMENT, SERVICE AND DISCHARGE 12.–(1) Gazetted officers shall be appointed by the Commission established under the Police Force, Prison Service, Fire and Rescue Force and Tanzania Immigration Service Commission Act. (2) Inspectors and non-commissioned officers shall be appointed by the Inspector-General in the manner as the Minister may direct and in accordance with conditions as may be prescribed by this Act and any regulations or orders made hereunder. 13. An inspector on appointment shall engage to serve in the Force for a probationary period of not less than two years continuous residential service and such additional period as may be fixed by the Inspector-General. 14.–(1) A constable and follower shall be enlisted to serve in the Force for a period of three years, or any less period as may be fixed by the Minister. (2) A police cadet shall be enlisted to serve in the Force for a period of seven years, or any less period as may be fixed by the Minister. Officers in charge of stations police to keep prescribed books and to render returns GN. No. 73 of 1965 Officers in charge of police to be responsible for stores GN. No. 73 of 1965 Appointment of police officers Cap. 241 Period of engagement of inspectors Ord. No. 1 of 1958 s. 4 Enlistment of constables, followers and police cadets Ord. No. 22 of 1955 s. 4 ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 99 THE POLICE FORCE AND AUXILIARY SERVICES ACT� [CAP. 322 R.E. 2023] (3) A person who is under the age of eighteen years may not be enlisted in the Force without the prior consent of his parent or guardian or, if his parent or guardian cannot be found, the prior approval of the District Commissioner of the district in which such person normally resides. 15.–(1) A police officer appointed or enlisted under the provisions of this Part shall, on joining the Force, make and sign a declaration before a magistrate or gazetted officer in such manner as he may declare to be most binding on his conscience in form No. 1 of the First Scheduled to this Act. (2) The police officer shall, on appointment or enlistment as aforesaid and before making the declaration required under subsection (1), answer truly any questions which may be put to him as to his previous service in the Force and as to whether he has at any time been convicted of an offence. (3) A person who wilfully makes a false statement in reply to a question put to him under subsection (2) commits an offence and on conviction shall be liable to a fine not exceeding two hundred shillings or to imprisonment for one month. 16. Members of the Force of or below the rank of inspector shall be eligible for leave in accordance with regulations to be made under this Act. 17.–(1) A member of the Force of good character other than a pensionable officer who has completed his first period of enlistment may, with the approval of the Inspector-General, re-engage for a further period of not more than three years and may similarly re-engage for a third or any subsequent period until he has completed twelve years’ service. (2) The member of the Force referred to in subsection (1) may, with the approval of the Inspector- General, on completing a period of twelve years re-engage to serve for further period as may be fixed by the Inspector-General until he has completed a total period of twenty-one years’ service. Declaration on joining the Force GN. No. 43 of 1958 Leave conditions Re-engagement ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 100 THE POLICE FORCE AND AUXILIARY SERVICES ACT� [CAP. 322 R.E. 2023] (3) The member of the Force referred to in subsection (2) may, with the approval of the Inspector- General, on completing the period of twenty-one years continue in the Force in the same manner as if his term of service were still unexpired, except that it shall be lawful for him, subject to the provisions of section 22 to claim his discharge at the expiration of three months after he has given notice to the officer in charge of police at the place where he is stationed, of his wish to be discharged. 18.–(1) A member of the Force other than a pensionable officer may, with the approval of the Inspector-General, re- engage for service within six months after having received his discharge and, where the Inspector-General approves of his re-engagement, be entitled, subject to the existence of a vacancy, to the rank or grade which he held at the date of his discharge; and his service shall be deemed to be continuous for the purposes of pension or gratuity. (2) Where a member of the Force is permitted to re-engage for service after the expiration of six months from the date of his discharge, the Inspector-General, may, subject to the approval of the Minister, allow his previous service or part thereof to count for the purposes of pension or gratuity, and the question of his reinstatement in the rank or grade which he held at the date of his discharge shall rest with the Inspector- General. 19. Where a member of the Force other than a pensionable officer who has previously served as a police officer in a similarly constituted police service of any British colony, protectorate or protected State, or any trust territory under British administration, is enlisted in the Force within six months after having received his discharge from previous service, he shall, subject to the approval of the Minister, be allowed to count his period of previous service in the colony, protectorate, state or territory as if it had been in service in the Force: Re-engagement after discharge Service in certain other police forces may count for service in Force ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 101 THE POLICE FORCE AND AUXILIARY SERVICES ACT� [CAP. 322 R.E. 2023] Provided that, a member of the Force shall not be permitted to count towards gratuity any period of service in respect of which a gratuity has been paid or a pension is being enjoyed from funds of the colony, protectorate or state. 20. A member of the Force below the rank of assistant superintendent shall not be at liberty to resign from the Force while serving a period of engagement or re- engagement unless expressly permitted to do so by the Inspector-General or by some other officer authorised to grant the permission. 21. A member of the Force shall not engage in any employment or office whatsoever otherwise than in accordance with his duties under this Act without the consent of the Inspector- General. 22. Notwithstanding any other provision of Parts I to XIV, a police officer whose period of service expires during a state of war, insurrection or hostilities may be retained and his service prolonged for further period, terminating not later than six months from the cessation of state of war, insurrection or hostilities, as the Minister may direct. 23.–(1) Subject to the provisions of subsection (2), a member of the Force other than a gazetted officer may be discharged by the Inspector-General at any time- (a) where the Inspector-General considers that he is unlikely to become or has ceased to be an efficient police officer; (b) where he is certified by a Government medical officer to be mentally or physically unfit for further service in the Force; (c) on purchase of his discharge, with the approval of the Inspector-General, at the rates set out in the Second Schedule to this Act: Provided that, where at the date of the purchase of discharge, the officer or follower has not completed the period of service for Police officers not to resign without permission Members of Force not to engage in other employment Prolongation of service incase of war Discharge Ord. No. 1 of 1958 s. 5 ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 102 THE POLICE FORCE AND AUXILIARY SERVICES ACT� [CAP. 322 R.E. 2023] which he was first enlisted, he shall refund the whole or portion of the cost as the Inspector-General may determine incurred by the Government in bringing him to the United Republic: Provided further that, the Inspector-General shall have power to waive the payment of the whole or a portion of the payment for purchase of discharge in circumstances and upon conditions as he shall deem fit; or (d) on reduction of establishment of the Force. (2) A member of the Force of or above the rank of sub- inspector shall not be discharged under this section without the approval of the Minister. (3) The Minister may, at any time by order, amend the Second Schedule to this Act. 24. In reckoning the service of a member of the Force other than a pensionable officer for purposes of discharge, there shall be excluded therefrom, the periods during which the member of the Force has been absent from duty for any of the following reasons:- (a) imprisonment for any cause save that of detention awaiting any trial which has resulted in his acquittal or discharge; (b) desertion; or (c) absence without leave exceeding forty-eight hours. 25.–(1) Subject to the provisions of sections 17, 18, 19 and 22, a member of the Force other than a pensionable officer who has completed his period or periods of service in accordance with the provisions of Parts I to XIV, shall be discharged by the officer in charge of police at the place where he is stationed, unless at the date of completion of service, he is undergoing punishment for or stands charged with the commission of any offence against discipline under section 50, in which case his service shall be prolonged and his discharge deferred until the punishment has been terminated or until he has undergone his trial and has been acquitted or has suffered any punishment which may be imposed in respect of the offence charged. Rules for reckoning service for purposes of discharge Discharge on completion of service ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 103 THE POLICE FORCE AND AUXILIARY SERVICES ACT� [CAP. 322 R.E. 2023] (2) A member of the Force on discharge shall be granted a certificate of discharge in the prescribed form and until he has received a certificate of discharge, shall remain subject to the provisions of this Act. 26.–(1) When a member of the Force ceases to belong to the Force, the powers and authorities vested in him shall immediately cease and he shall forthwith deliver up to the person appointed by the Inspector-General for that purpose or to the officer in charge of police at the place at which he was last stationed, the arms, ammunition, accoutrements, clothing, uniform and other appointments which have been supplied to him or entrusted to his care and which are the property of the Government. (2) A member of the Force who, having ceased to belong to the Force, fails to deliver up any arms, ammunition, accoutrements, clothing, uniform or other appointments as required under this section commits an offence and on conviction shall be liable to a fine not exceeding four hundred shillings or to imprisonment for three months, or to both. (3) Subject to subsection (2), the court may issue a warrant to search and seize arms, ammunition, accoutrements, clothing, uniform and other appointments which have not been delivered up. PART IV POWERS AND DUTIES OF POLICE OFFICERS 27.–(1) A police officer shall exercise powers and perform duties as conferred by law or imposed upon a police officer, and obey lawful directions in respect of the execution of his office which he may receive from his superiors in the Force. (2) The police officer shall be deemed to be on duty at all times and may at any time be detailed for duty in any part of the United Republic. (3) The duties of police officer shall be to: (a) promptly obey and execute orders and warrants lawfully issued to him; Arms and accoutrements to be delivered upon ceasing to be long to Force GN. No. 64 of 1961 s. 4 73 of 1965 Sch. General powers and duties of police officers GN. No. 73 of 1965 Sch. ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 104 THE POLICE FORCE AND AUXILIARY SERVICES ACT� [CAP. 322 R.E. 2023] (b) collect and communicate to his superior officers intelligence affecting the public peace; (c) take steps necessary to prevent the commission of offences and public nuisances; (d) detect and bring offenders to justice; and (e) apprehend persons whom he is legally authorised to apprehend and for those whose apprehension sufficient ground exists. (4) Subject to subsection (3), the Police Officer for any of the purposes mentioned in this subsection, without a warrant, may enter at any hour of the day or night at any premises licensed under the Intoxicating Liquors Act or any place in respect of which he has reasonable grounds to suspect that illegal drinking or gambling is taking place therein or dissolute or disorderly characters are resorting thereto. 28. Where a police officer is carrying out the duties of a prison officer, the police officer shall be deemed to be a prison officer whilst engaged in any duty and shall have the powers, protection and privileges attaching to the prison officer. 29.–(1) A police officer may use arms against- (a) a person in lawful custody charged with or convicted of an offence when the person is escaping or attempting to escape where the police officer has reasonable ground to believe that, he cannot otherwise prevent the escape and has given a warning to the person that, he is about to use the arms against him and the warning is unheeded; (b) a person who by force- (i) rescues or attempts to rescue any other person from lawful custody; or (ii) prevents or attempts to prevent the lawful arrest of any other person, where the police officer has reasonable ground to believe that, he or any other person is in danger of grievous bodily harm and he cannot effect the arrest or prevent the rescue. Cap. 77 Police officer to be deemed prison officer in certain circumstances Police officers may use arms in certain cases ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 105 THE POLICE FORCE AND AUXILIARY SERVICES ACT� [CAP. 322 R.E. 2023] (2) The powers conferred on a police officer by this section shall be in addition to and not in derogation of any other power conferred on the police officer by any other law. 30. A police officer may lay a lawful complaint or information before a magistrate and apply for a summons, warrant, search warrant or other legal process as may be issued by law against any person. 31.–(1) Without prejudice to the provisions of any other written law in force relating to the grant of bail by police officers, a person brought under the custody of the police on reasonable suspicion of having committed any offence shall be released immediately, where- (a) the police officer who arrested him believes that, that person has not in fact committed any offence, or that police officer has no reasonable grounds on which to continue holding that person in custody; (b) the police officer who arrested him believes that he arrested the wrong person; or (c) after twenty-four hours after the person was arrested, formal charge has not been laid against that person unless the police officer in question reasonably believes that, the offence suspected to have been committed is a serious one. (2) Where a formal charge has been laid against any person under the custody of the police, a police officer in charge of a police station may, upon that person executing a bond, with or without sureties, to appear before a court if so required, release the person, where- (a) the person, though subject to prosecution, was arrested without warrant; (b) after due enquiry, insufficient evidence is, in his opinion, disclosed upon which to proceed with the charge; (c) the offence, though cognisable, is not of a serious nature; or Power to lay information or complaints Police bail Act No. 15 of 1980 Sch. ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 106 THE POLICE FORCE AND AUXILIARY SERVICES ACT� [CAP. 322 R.E. 2023] (d) it appears that further enquiries must be carried out, and they can not be completed within a reasonably short time. (3) Where the person arrested is under the age of fifteen years, that person may be released after his parent, guardian, relative or any reliable person has entered into a recognisance on his behalf. (4) Notwithstanding any other written law in force relating to the grant of bail by police officers, a fee or duty shall not be chargeable upon bail bonds in criminal cases, recognisances to prosecute or to give evidence, or recognisances for personal appearance or otherwise issued or taken by a police officer. (5) A police officer arresting a person reasonably suspected of committing any offence shall inform that person of his right to bail under this section, and where a police officer refuses to grant bail to any person under his custody, he shall reduce into writing the reasons for his refusal. 32.–(1) Where a police officer suspects that a person may have committed a serious offence, or believes that the information has been received by the police that may implicate a person in the commission of a serious offence, but that suspicion or belief is not as could, under section 14 of the Criminal Procedure Act, justify the arrest of the person without a warrant, he may arrest that person but the police officer shall not ask him questions unless he has first informed him that he may refuse to answer any questions put to him by the police officer. (2) A police officer who informs a person as provided under subsection (1) shall ask him to sign or thumb print an acknowledgement in accordance with a prescribed form, of the fact that he has been informed of the date on which, and the time at which, he is informed. (3) Where it is necessary for the court in any proceedings to determine whether a police officer has informed a person as required under subsection (1), and an acknowledgement referred to in subsection (2) and signed by the person is not Attendance of witness Ord. No. 1 of 1958 s. 6 Acts Nos. 22 of 1955 s. 5 31of 1972 15 of 1980 s. 32 9 of 1985 s. 397 Cap. 20 ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 107 THE POLICE FORCE AND AUXILIARY SERVICES ACT� [CAP. 322 R.E. 2023] produced in evidence, the court shall assume, unless the contrary is proved, that the person was not informed. (4) Notwithstanding the provisions of this section, where a police officer in the course of interrogating any person under this section believes that, there is sufficient evidence to warrant that person being charged with an offence, he shall proceed to charge him accordingly and caution him in writing or, if practicable, orally in the prescribed manner, and inform him that, an inference adverse to him may be drawn from his failure or refusal to answer any question or from his failure or refusal to disclose at that stage any matter which may be material to the charge. 33.–(1) A police officer who interviews a person for the purpose of ascertaining whether the person has committed an offence shall, unless it is in all circumstances impracticable to do so, cause the interview to be recorded. (2) Where a person who is being interviewed by a police officer for the purpose of ascertaining whether he has committed an offence during the interview, either orally or in writing, makes a confession relating to an offence, the police officer shall make, or cause to be made, while the interview is being held or as soon as practicable after the interview is completed, a record in writing, setting out- (a) so far as it is practicable to do so, the questions asked to the person during the interview and the answers given by the person to those questions; (b) particulars of any statements made by the person orally during the interview otherwise than in answer to a question; (c) whether the person wrote out any statement during the interview and, if so, the times when he commenced to write out the statement; (d) whether a caution was given to the person before he made the confession and, if so, the terms in which the caution was given, the time when it was given and any response made by the person to the caution; Records of interview Act No. 9 of 1985 s. 397 ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 108 THE POLICE FORCE AND AUXILIARY SERVICES ACT� [CAP. 322 R.E. 2023] (e) the times when the interview was commenced and completed; and (f) where the interview was interrupted, the time when it was interrupted and recommenced. (3) A police officer who makes a record of an interview with a person in accordance with subsection (2) shall write, or cause to be written, at the end of the record, a form of certificate in accordance with a prescribed form and shall then, unless the person is unable to read- (a) show the record to the person and ask him- (i) to read the record and make any alteration or correction to it as he wishes to make and add to it any further statement that he wishes to make; (ii) to sign the certificate set out at the end of the record; and (iii) where the record extends over more than one page, to initial each page that is not signed by him; and (b) where the person refuses, fails or appears to fail to comply with that request, certify on the record under his hand what he has done and in respect of what matters, the person refused, failed or appeared to fail to comply with the request. (4) Where the person who is interviewed by a police officer is unable to read the record or the interview or refuses to read, or appears to the police officer not to read the record when it is shown to him in accordance with subsection (3), the police officer shall- (a) read the record to him, or cause the record to be read to him; (b) ask him whether he would like to correct or add anything to the record; (c) permit him to correct, alter or add to the record or make any corrections, alterations or additions to the record that he requests the police officer to make; ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 109 THE POLICE FORCE AND AUXILIARY SERVICES ACT� [CAP. 322 R.E. 2023] (d) ask him to sign the certificate at the end of the record; and (e) certify under his hand, at the end of the record what he was done in pursuance of this subsection. [s. 32A] 34.–(1) A police officer lawfully entitled to require the attendance of any person under the provisions of section 32 may require the person to execute a bond in the form prescribed, to appear and give evidence before a magistrate if and when required so to do. (2) A person who contravenes or fails to comply with any requirements made under the provisions of subsection (1) of this section commits an offence. [s. 33] 35.–(1) Where a police officer in charge of a police station is satisfied that, there are reasonable grounds for suspecting that there is in any building, vessel, carriage box, receptacle or place- (a) anything with respect to which any offence has been committed; (b) anything in respect of which there are reasonable grounds to believe that it will afford evidence as to the commission of any offence; (c) anything in respect of which there are reasonable grounds to believe that it is intended to be used for the purposes of committing any offence; and (d) the officer is satisfied that any delay would result in the removal or destruction of that thing, or would endanger life or property, he may search or issue a written authority to any police officer under him to search the building, vessel, carriage box, receptacle, or place. (2) When any authority referred to in subsection (1) is issued, the police officer concerned shall, as soon as practicable report Witness bonds Search by police officer Acts Nos. 9 of 1985 s. 397 5 of 1993 Sch. ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 110 THE POLICE FORCE AND AUXILIARY SERVICES ACT� [CAP. 322 R.E. 2023] the issue of authority, the grounds on which it was issued, and the result of any search made under it to a magistrate. (3) Where anything is seized in pursuance of the powers conferred by subsection (1), the officer seizing the thing shall issue a receipt acknowledging the seizure of that thing bearing the signature of the owner of the premises, and those of witnesses of the search. (4) The provisions of section 39(4) of the Criminal Procedure Act relating to search shall, so far as may be, apply to a search made under this section. (5) A prosecution against any person for an offence under subsection 39(4) of the Criminal Procedure Act, shall not be instituted except with the written consent of the Director of Public Prosecutions. [s. 34] 36.–(1) A police officer in charge of a police station or a police officer investigating an offence may take or cause to be taken measurements or, prints of the hand, fingers, feet or toes of, or recordings of the voice or, photographs of, or samples of the handwriting, of any person who is charged with an offence, whether the person is in lawful custody of the police or otherwise where the measurements, prints, recordings, photographs or samples are reasonably believed to be necessary for the identification of the person with respect to, or for affording evidence as to the commission of an offence for which he is in custody or charged. (2) A police officer in charge of a police station or a police officer investigating an offence may take or cause to be taken measurements prints of the hands, fingers, feet or toes, recordings of the voice, photographs, or samples of the handwriting, of a person who is not charged with an offence where the measurements, prints, recordings, photographs or samples are reasonably believed to be necessary for facilitating the investigation of an offence. (3) A person who is in lawful custody or who is charged but not in lawful custody shall not be entitled to refuse or object Cap. 20 Power to take finger prints, photographs, etc,. Ord. No. 22 of 1955 s. 6 Acts Nos. 15 of 1980 9 of 1985 s. 397 ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 111 THE POLICE FORCE AND AUXILIARY SERVICES ACT� [CAP. 322 R.E. 2023] to having his measurements, prints, recordings, photographs or samples of his handwriting taken, and where he refuses or objects, the police officer concerned may take reasonable steps, including the use of reasonable force, as may be necessary to secure that the measurements, prints, recordings, photographs or samples are taken. (4) A person who refuses to have his measurements, prints, recordings photographs or samples taken as required under subsections (1) and (2) commits an offence and on conviction shall be liable to a fine not exceeding ten thousand shillings or to imprisonment for a term not exceeding twenty-four months, or to both. (5) Subject to the provisions of subsection (10), a person having the custody of measurements, prints, recordings, photographs or samples and a person having the custody of copies of measurements, prints, recordings, photographs or samples shall destroy them- (a) in the case of a person who is in lawful custody upon a charge of committing an offence where the prosecution- (i) of that person is not proceeded with; or (ii) is proceeded with, but he is acquitted; (b) in the case of a person referred to in subsection (2), where those, measurements, prints, recordings, photograph or samples are no longer required for the purpose of facilitating the investigation. (6) There shall be established at a place to be approved by the Minister responsible for criminal investigations, an office to be known as the Criminal Records Office for the preservation, comparison, and indexing of fingerprint forms. (7) The Criminal Records Office shall, subject to the general supervision of the Inspector-General, be under the control of a senior police officer expert in comparison of fingerprints, who shall be appointed by the Attorney General by notice published in the Gazette. (8) Completed fingerprints forms shall be seen to and preserved at the Criminal Records Office. ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 112 THE POLICE FORCE AND AUXILIARY SERVICES ACT� [CAP. 322 R.E. 2023] (9) The fingerprint forms shall be of the prescribed pattern. (10) Notwithstanding the provisions of subsection (5), it shall be lawful to retain records obtained pursuant to subsections (1) and (2) in respect of a person with regard to whom a removal order under the Township (Removal of Undesirable Persons) Ordinance or an expulsion order under the Expulsion of Undesirable Persons Ordinance) has been made and has been cancelled or rescinded. [s. 35] 37.–(1) A magistrate may, on the application of a police officer, allow a medical officer to examine a person in lawful custody in respect of an offence or may allow a medical officer to take and analyse a specimen from a person where he has reasonable grounds to believing that, the examination or analysis would provide evidence relating to the offence. (2) After the medical officer has made the examination and analysis as provided under subsection (1), he shall submit a written report to the court. (3) In any proceedings, a court may order that, any person who is a party to or a witness in the proceedings, shall submits himself for medical examination. (4) The medical officer shall, after examining a person in respect of whom the court has ordered that he submits himself for medical examination in accordance with the provisions of subsection (3), transmit to the court ordering the examination a written report pertaining to the examination. [s. 35A] 38.–(1) A police officer in-charge of a police station or a police officer investigating an offence may hold an identification parade for the purpose of ascertaining whether a witness can identify a person suspected of the commission of the offence. (2) The police officer in-charge of a police station or a police officer investigating an offence may require a person whose participation is necessary for the investigation of an offence to attend and participate in an identification parade. Medical examination Act No. 9 of 1985 s. 397 Identification parade Act No. 9 of 1985 s. 397 ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 113 THE POLICE FORCE AND AUXILIARY SERVICES ACT� [CAP. 322 R.E. 2023] (3) A person who is required under subsection (2) to attend and participate in an identification parade shall not be entitled to refuse or object to attend and participate in the identification parade. (4) A person who, without just cause, or who unreasonably refuses to attend and participate in an identification parade commits an offence and on conviction shall be liable to a fine not exceeding two thousand shillings or to imprisonment for a term not exceeding six months, or to both. [s. 35B] 39.–(1) A police officer may stop and detain a person whom- (a) he sees doing an act or thing; (b) he sees in possession of anything; or (c) he suspects of doing any act or thing or being in possession of anything, for which a licence is required under any law for the time being in force and may require the person to produce the licence, and stop and search any vehicle which he has reasonable grounds for suspecting is being used in the commission of an offence against any law in force. (2) A person who fails to produce the licence when called upon by a police officer so to do may be arrested without a warrant, unless he gives his name and address and satisfies the police officer that, he will duly answer any summons or other proceedings which may be taken against him. (3) A person who fails to obey any reasonable signal of a police officer requiring the person to stop any vehicle under the provisions of subsection (1), or who obstructs an officer in the execution of his duty being exercised under the provisions of the said subsection, commits an offence, and a police officer may arrest the person without a warrant, and cause the vehicle found by him to have been used for the commission of an offence against any law in force, to be moved to the nearest police station and detained until released by the officer in charge of the police station: Power to inspect licences and search vehicles Act No. 22 of 1955 s. 7 ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 114 THE POLICE FORCE AND AUXILIARY SERVICES ACT� [CAP. 322 R.E. 2023] Provided that, the arrest shall not take place where the person gives his name, address and satisfies the police officer as provided in subsection (2) of this section. [s. 36] 40.–(1) It shall be lawful for the Force to regulate and control traffic, to divert all or any on particular kind of traffic, when in the opinion of the officer in charge of police it is in the public interest to do so, to close any street for the purpose of preventing the interruption of any public proceedings by the noise or presence of street traffic, to keep order and prevent obstruction on public roads, streets, thoroughfares, landing places, or other places of public resort or to which the public have access, or on the occasion of assemblies and processions on public roads and streets, or in the neighbourhood of places of public worship during the time of worship therein, or in any case when any road, street, thoroughfare or landing place may be thronged or may be liable to be obstructed. (2) A person who opposes or disobeys any lawful order given by a police officer in the performance of his duty under this section commits an offence and on conviction shall be liable to a fine not exceeding four hundred shillings or to imprisonment for three months. (3) A person who opposes or disobeys any lawful order given by a police in the performance of his duty under this section may be arrested by any police officer without a warrant unless he gives his name, address and satisfies the police officer that, he will duly answer any summons or other proceedings which may be taken against him. [s. 37] 41.–(1) Notwithstanding the provisions of any other law in force, a superintendent or an officer in charge of police may, where he considers it necessary so to do for the maintenance and preservation of law and order or for the prevention and detection of crime, erect or place barriers in or across any road or street or in any public place in a manner as he may think fit. Force to keep order on public roads Road barriers ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 115 THE POLICE FORCE AND AUXILIARY SERVICES ACT� [CAP. 322 R.E. 2023] (2) A police officer in uniform may take reasonable steps to prevent any vehicle being driven past any barrier and a driver of any vehicle who fails to comply with any reasonable signal of the police officer requiring him to stop the vehicle before reaching any barrier commits an offence and on conviction shall be liable to a fine not exceeding one thousand shillings or imprisonment for a term not exceeding twelve months, or to both. (3) A person who fails to comply with any signal as in subsection (2) aforesaid may be arrested by a police officer without a warrant. (4) A police officer shall not be liable for any loss or damage resulting to any vehicle or for any injury to the driver or any other occupant of the vehicle as a result of the driver of the vehicle failing to obey a police officer acting under the provisions of subsection (2). [s. 38] 42.–(1) A superintendent or an officer in charge of police may, in a manner as he may deem fit, issue orders for the purpose of- (a) regulating the extent to which music may be played, or to which music or human speech, or any other sound may be amplified, broadcast, relayed or otherwise reproduced by artificial means in public places; (b) directing the conduct of assemblies and processions in public places, and specifying the route by which, and the time at which any procession may pass, and may, for any of the purposes aforesaid, give or issue orders as he may consider necessary or expedient. (2) A person who neglects or refuses to obey any order given or issued under the provisions of subsection (1) commits an offence and may be arrested without a warrant and on conviction shall be liable to a fine not exceeding five hundred shillings or to imprisonment for a term not exceeding three months, or to both. [s. 39] Power to regulate music and conduct of assemblies, etc. Ord. No. 1 of 1958 s. 8 ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 116 THE POLICE FORCE AND AUXILIARY SERVICES ACT� [CAP. 322 R.E. 2023] 43.–(1) A person who is desirous of convening, collecting, forming or organising any assembly or procession in any public place shall not less than forty eight hours before the time when the assembly or procession is scheduled to take place, submit a written notification of his impending assembly or procession to the police officer in charge of the area specifying- (a) the place and time at which the meeting is to take place; (b) the purpose in general of the meeting; and (c) other particulars as the Minister may specify, by notice published in the Gazette. (2) Where a person submits a notification in accordance with subsection (1), he may proceed to convene, collect, form or organise the assembly or procession in question as scheduled unless and until he receives an order from the police officer in charge of the area directing that the assembly or procession shall not be held as notified. (3) A police officer to whom a notification has been submitted pursuant to subsection (1) shall not give a stop order under subsection (2) in relation to the notification unless he is satisfied that, the assembly or procession is likely to cause: (a) a breach of the peace; (b) prejudice the public safety; (c) the maintenance of public order; or (d) used for any unlawful purpose. (4) The officer in charge of police may stop or prevent the holding or continuance of any assembly or procession in a public place which has been convened, collected, formed or organised otherwise than in accordance with the notification under subsection (1) or in regard to which any particular specified by the Minister under paragraph (c) of subsection (1) has been or is being contravened and may, for any of the purposes aforesaid, give or issue orders as he may consider necessary or expedient, including orders for the dispersal of any assembly or procession as aforesaid. (5) The Minister may by order declare that, the provisions of this section shall not apply to any assembly or procession Assemblies and processions in public place Ord. No. 1 of 1958 s. 5 64 of 1961 s. 5 Acts Nos. 35 of 1962 s. 2 3 of 1995 Sch. ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 117 THE POLICE FORCE AND AUXILIARY SERVICES ACT� [CAP. 322 R.E. 2023] convened, collected, formed or organised exclusively for one or more of or a combination of one or more purposes as may be specified in the order. (6) A person who is aggrieved by the terms of a stop order issued under subsection (3) or, any order given by a police officer under subsection (4), may appeal to the Minister whose decision on the matter shall be final. [s. 40] 44. The officer in charge of Police may stop or prevent the holding or continuance of any assembly or procession in any place whatsoever where in the opinion of the officer, the holding or continuance, as the case may be of the assembly or procession breaches the peace or prejudices the public safety or the maintenance of peace and order and may, for any of the purposes aforesaid, give or issue orders as he may consider necessary or expedient, including orders for the dispersal of any assembly or procession as aforesaid. [s. 41] 45. An assembly or procession in which three or more persons attending or taking part neglect or refuse to obey any order for dispersal given under the provisions of subsection (4) of section 43 or 44, shall be deemed to be an unlawful assembly, within the meaning of section 74 of the Penal Code. [s. 42] 46.–(1) A person who- (a) neglects or refuses to obey any order given or issued under the provisions of subsection (4) of section 43 or 44; or (b) contravenes any particular specified by the Minister in accordance with paragraph (c) of subsection (1) of section 43, commits an offence and may be arrested without a warrant and on conviction shall be liable to a fine not exceeding Power to disperse assemblies and processions wherever held Ord. No. 1 of 1958 s. 8 3 of 1995 Sch. When assembly or procession unlawful Ord. No. 1 of 1958 s. 8 Act No. 3 of 1995 Sch. Cap. 16 Penalties Ord. No. 1 of 1958 s. 8 Act No. 3 of 1995 ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 118 THE POLICE FORCE AND AUXILIARY SERVICES ACT� [CAP. 322 R.E. 2023] fifty thousand shillings or to imprisonment for a term not exceeding three months, or to both. (2) Subject to the provisions of any order made under subsection (5) of section 43, where any assembly or procession in a public place has been convened, collected, formed or organised otherwise than in accordance with subsection (1) of section 43, a person- (a) taking part in convening, collecting, forming or organising an assembly or procession commits an offence and may be arrested without a warrant and on conviction shall be liable to a fine not exceeding two hundred thousand shillings or to imprisonment for a term not exceeding one year, or to both; or (b) attending the assembly or taking part in procession, who knows or has reasons to believe that the assembly or procession has been convened, collected, formed or organized otherwise than in accordance with the provisions of subsection (1) of section 43 commits an offence and may be arrested without a warrant and on conviction shall be liable to a fine not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding six months, or to both. [s. 43] PART V UNCLAIMED PROPERTY 47.–(1) It shall be the duty of a police officer to take charge of unclaimed movable property and to furnish an inventory or description thereof to a magistrate. (2) Where the property is neither money nor property subject to speedy and natural decay nor property the immediate sale of which would, in his opinion, be for the benefit of the owner, the magistrate shall detain or give orders for the detention of any property and shall cause a notice to be posted in a conspicuous place at his court and at the police Disposal of unclaimed property. Ord. No. 1 of 1958 s. 9 ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 119 THE POLICE FORCE AND AUXILIARY SERVICES ACT� [CAP. 322 R.E. 2023] stations within his jurisdiction specifying the property and calling upon a person who may have a claim thereto to appear and establish his claim within six months from the date of the notice. (3) Subject to subsection (2), where the magistrate is of the opinion that, the value of the property is clearly in excess of fifty shillings, he shall also cause a similar notice to be published in the Gazette, the date by which a person is to establish his claim to the property being the same date as is prescribed by the magistrate in the notice which he causes to be published locally. (4) A person shall within six months from the date of the notice aforesaid establish his claim thereto and where he failed so to do, the property may be sold or, where the magistrate thinks it expedient, may be destroyed by order of the magistrate, and on the completion of the sale or destruction, the right to take legal proceedings for their recovery of the property or the proceeds of the sale shall cease: Provided that, where the property is a firearm or ammunition, the magistrate may order that, it shall be disposed of in a manner as the Inspector-General may direct. (5) The proceeds of the sale of the property shall be apportioned in the following manner: (a) one-half shall be paid to the credit of the Police Rewards Fund; (b) proportion of the remaining one-half as the magistrate may direct shall be paid to the finder of the property; and (c) the balance shall be paid to the general revenue of the United Republic. (6) Where the magistrate is of the opinion that, the property is subject to speedy or natural decay or that its immediate sale would be for the benefit of the owner, the magistrate shall detain or give orders for its detention and may at any time direct it to be sold without having caused the notice prescribed in subsection (2) to be given prior to the sale or, where he thinks ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 120 THE POLICE FORCE AND AUXILIARY SERVICES ACT� [CAP. 322 R.E. 2023] it advisable to do so, he may order it to be destroyed and on completion of a sale or destruction under this subsection the right to take legal proceedings for the recovery of the property sold or destroyed shall cease. (7) The proceeds of sale shall remain in the custody as the magistrate may direct and the magistrate shall immediately after sale cause a notice of the sale to be posted in the manner prescribed in subsection (2) specifying the property sold and calling upon a person who may have any claim to the proceeds of the sale to appear and establish his claim within six months from the date of the notice. (8) The proceeds of sale shall be paid to the person who establishes his claim thereto and on the expiration of six months from the date of the notice, if no person shall establish his claim thereto, the right to take legal proceedings from the recovery of proceeds shall cease, and proceeds shall be dealt with in accordance with the provisions of subsection (5). (9) When the unclaimed movable property consists of money, the same shall be dealt as if it were the proceeds of a sale ordered by virtue of the provisions of subsections (8) and (9). [s. 44] PART VI PROCEEDINGS AGAINST POLICE OFFICERS 48.–(1) Where the defence to any suit instituted against a police officer is that, the act complained of was done in obedience to a warrant purporting to be issued by a judge, a magistrate or a justice of the peace, the court shall upon production of the warrant containing the signature of the magistrate or a justice of the peace, accept the warrant as prima facie evidence of the due making thereof, and upon proof that, the act complained of was done in obedience to the warrant, enter judgment in favour of the police officer. (2) A proof of the signature of the magistrate or justice of the peace shall not be required unless the court has reason to doubt Non-liabilities for act done under authority of warrant ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 121 THE POLICE FORCE AND AUXILIARY SERVICES ACT� [CAP. 322 R.E. 2023] the genuineness thereof; and where it shall be proved that, the signature is not genuine, judgment shall nevertheless be given in favour of the police officer where it is proved that, at the time when the act complained of was committed, he believed on reasonable grounds that, the signature was genuine. [s. 45] 49. A salary or allowance paid to any member of the Force of or below the rank of inspector shall not be liable to be attached, sequestered or levied upon for or in respect of any debt or claim for any money borrowed by him or any goods supplied to him or to a person on his behalf while he is a member of the Force. [s. 46] PART VII DISCIPLINE 50.–(1) A member of the Force of or below the rank of inspector who- (a) persuades or endeavours to persuade, procures or attempts to procure, or assists, a police officer to desert, or being cognisant of a desertion or intended desertion does not, without delay, give information thereof to his superior officer; (b) strikes or uses or offers violence against his superior officer; (c) uses threatening or insubordinate language to his superior officer; (d) is guilty of insubordinate conduct; (e) causes a disturbance in any police lines, barracks or station; (f) is disrespectful in word, act or demeanour to his superior officer; (g) refuses to obey any lawful order of his superior officer; (h) fails to comply with any lawful order given to him by his superior officer; (i) renders himself unfit for duty by reason of intoxication; Salary of certain police officers not to be attached for money borrowed or goods of supplied Offences against discipline ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 122 THE POLICE FORCE AND AUXILIARY SERVICES ACT� [CAP. 322 R.E. 2023] (j) drinks intoxicating liquor when on duty; (k) is drunk on duty, or in any police lines, barracks or station, or in uniform; (l) absents himself without leave; (m) is asleep while on duty; (n) leaves his post before he is regularly relieved except in fresh pursuit of any offender whom it is his duty to apprehend; (o) being under arrest or in confinement leaves or escapes from his arrest or confinement before he is set at liberty by proper authority; (p) neglects or refuses to assist in the apprehension of any member of the Force charged with any offence when lawfully ordered so to do; (q) negligently allows to escape any prisoner who is committed to his charge or whom it is his duty to keep or guard; (r) offers or uses unwarrantable personal violence to or ill- treats any person in his custody; (s) is guilty of cowardice; (t) discharges any firearms without orders or just cause; (u) without reasonable cause fails to appear at any parade appointed by his superior officer; (v) pawns, sells, loses by neglect, makes away with, wilfully damages or fails to report any damage to any arm, ammunition, accoutrement, uniform or other article supplied to him or any property committed to his charge; (w) is in unlawful possession of any public property, or any property of any other member of the Force, or any property of any prisoner; (x) commits any act of plunder or wanton destruction of property; (y) accepts or solicits a bribe or gratuity; (z) is idle or negligent in the performance of his duty; (aa) is slovenly, inattentive, uncivil or quarrelsome; ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 123 THE POLICE FORCE AND AUXILIARY SERVICES ACT� [CAP. 322 R.E. 2023] (bb) parades for duty dirty or untidy in his person, arms, clothing or equipment; (cc) without due authority discloses or conveys any information concerning any investigation or other police of departmental matter; (dd) makes or signs any false statement in any official record or document; (ee) makes or joins in making any anonymous complaint; (ff) malingers, or feigns or wilfully causes any disease or infirmity; (gg) is guilty of wilful misconduct, or willfully disobeys, whether in hospital or elsewhere, any orders, and so causes or aggravates any disease or infirmity or delays its cure; (hh) has contracted venereal or other disease and fails to report without delay to a Government medical officer for treatment; (ii) incurs debt in or out of the Force which he is unable to discharge; (jj) without proper authority exacts from a person, carriage, porterage or provisions; (kk) resists an escort whose duty it is to apprehend him or to have him in charge; (ll) having been lawfully confined, breaks out of police lines, camp or quarters; (mm) �makes any false statement upon joining the Force; (nn) refuses or neglects to make or send any report or return which it is his duty to make or send; (oo) knowingly makes a false accusation against any member of the Force; (pp) in making a complaint against a member of the Force, knowingly makes a false statement affecting the character of the member or knowingly and wilfully suppresses any material facts; ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 124 THE POLICE FORCE AND AUXILIARY SERVICES ACT� [CAP. 322 R.E. 2023] (qq) engages without authority in any employment or office other than his police duties; (rr) becomes security for a person or engages in any loan transaction with a police officer without the permission in writing of the Inspector-General; (ss) if called upon by a gazetted officer to furnish a full and true statement of his financial position fails do so; (tt) wilfully disobeys any regulation or order of the Force; (uu) is guilty of any act, conduct, disorder or neglect to the prejudice of the good order or discipline of the Force, or in violation of duty in his office; or (vv) commits any other misconduct as a member of the Force not hereinbefore specified, shall be deemed to have committed an offence against discipline, and suffer the punishment according to the degree and nature of the offence as may be imposed in accordance with the provisions of this Act. (2) A gazetted officer, inspector or non-commissioned officer may arrest or order the arrest without a warrant of a police officer, not being an officer of his own or superior rank, or follower who is accused of an offence under this section; and a police officer may, on receipt of any order as aforesaid, apprehend the accused person without a warrant and shall forthwith bring him before the officer in charge of police, who shall cause the case to be heard without undue delay and may order the remand of the person accused in custody for so long as may reasonably be necessary. [s. 47] 51. Where a charge under section 50 is brought in any place, the officer in charge of police for the place, a gazetted officer, any other gazetted officer, or the officer is not available, any administrative officer having the powers and jurisdiction of Powers of officers to hold an inquiry ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 125 THE POLICE FORCE AND AUXILIARY SERVICES ACT� [CAP. 322 R.E. 2023] a district magistrate in the place may make inquiry into the truth of the charge and may acquit the accused or impose punishment in accordance with section 53 or refer the case to his superior officer as in section 52 provided. [s. 48] 52.–(1) In a case where the officer making inquiry into any charge under section 50- (a) considers that the offence which the accused has committed by reason of its gravity or by reason of previous offences or for any other reason cannot be adequately punished by any of the punishments the officer is empowered to impose; or (b) has been directed by a superior officer to refer the case, the officer shall defer imposing punishment and refer the case to the superintendent in charge of police. (2) The superintendent in charge of police to whom any case is referred under subsection (1)- (a) may return the case to the officer by whom it was referred for hearing and determination or the taking of further evidence; (b) may himself make inquiry into the case, either with or without the taking of further evidence by himself or the police officer by whom the case was referred, and impose punishment; (c) may refer the case to the appropriate Assistant Commissioner; or (d) where the superintendent is not under the direct command of an Assistant Commissioner, may refer the case to the Inspector-General. (3) The Assistant Commissioner to whom any case is referred under subsection (2)- (a) may return the case to the superintendent in charge of police, or transmit it to any other police officer for hearing and determination or the taking of further evidence; Procedure at inquiry Ord. No. 1 of 1958 s. 90 ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 126 THE POLICE FORCE AND AUXILIARY SERVICES ACT� [CAP. 322 R.E. 2023] (b) may himself make inquiry into the case either with or without the taking of further evidence by himself or a police officer as is mentioned in paragraph (a), and impose punishment; (c) may refer the case to the Inspector-General; or (d) may order the accused to be taken before a magistrate to be dealt with as provided in subsection (5) of this section. (4) The Inspector-General to whom any case is referred under subsection (2) or (3)- (a) may return the case to the Assistant Commissioner, or transmit it to any other police officer, for hearing and determination or the taking of further evidence; (b) may himself make inquiry into the case, either with or without the taking of further evidence by any police officer as is mentioned in paragraph (a), and impose punishment; or (c) order that the accused be taken before a magistrate to be dealt with as provided in subsection (5). (5) Where an accused person is taken before a magistrate as provided in this section, he shall be tried for an offence under this Act in the same manner as if he were charged with any other offence in a subordinate court and on conviction shall be liable for any offence mentioned in section 50 to a fine not exceeding three months’ pay or to imprisonment for a term not exceeding six months: Provided that, proceedings shall not be taken against a police officer before a magistrate in respect of any offence for which he has already been punished under section 53 or 54. (6) An order purporting to be an order of the Inspector- General or an Assistant Commissioner made under subsection (3) or (4) of this section shall be accepted as prima facie evidence of the lawful making thereof, and a proof of the signature of the Inspector General or Assistant Commissioner on any order shall not be required unless the court has reason to doubt the genuineness of the signature. [s. 49] ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 127 THE POLICE FORCE AND AUXILIARY SERVICES ACT� [CAP. 322 R.E. 2023] 53.–(1) In respect of any conviction for an offence against discipline, an officer empowered to make inquiry under section 51 may impose any one or more of the following punishments: (a) in the case of an inspector, admonishment; (b) in the case of non-commissioned officer- (i) admonishment; (ii) reprimand; or (iii) a fine not exceeding ten shillings; (c) in the case of a constable- (i) admonishment; (ii) confinement to quarters for a period not exceeding fourteen days; (iii) extra guards, fatigues or other duty; (iv) a fine not exceeding ten shillings; (v) disciplinary detention for any period not exceeding seven days; or (d) in the case of followers- (i) admonishment; (ii) a fine not exceeding ten shillings; (iii) stoppage of increment; (iv) reduction to a lower rate of pay; or (v) dismissal. (2) At any time before a punishment imposed under this subsection is carried out, may be varied by the superintendent in charge of police to whom the officer imposing punishment is subordinate, or by the Commissioner or an Assistant Commissioner to whom the Commissioner has in writing delegated his powers under this section: Provided that, a punishment shall not be increased unless the accused has first had an opportunity of showing cause why the punishment should not be varied. (3) An Assistant Commissioner or a superintendent in charge of police to whom proceedings are referred for an offence against discipline, may impose any one or more of the punishments mentioned under subsection (1) or any one or more of the following punishments: Punishment for offence against discipline Ord. No. 22 of 1955 s. 8 1 of 1958 s. 11 ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 128 THE POLICE FORCE AND AUXILIARY SERVICES ACT� [CAP. 322 R.E. 2023] (a) in the case of an inspector- (i) severe reprimand; (ii) a fine not exceeding one month`s pay; (iii) reduction in rank; or (iv) stoppage of an increment of pay; and (b) in the case of any member of the force below the rank of sub-inspector- (i) a fine not exceeding one month’s pay; (ii) dismissal; (iii) disciplinary detention for any period not exceeding fourteen days; (iv) reduction in rank; or (v) stoppage of an increment of pay. (4) At any time before a punishment imposed under this subsection is carried out, may be varied by the Commissioner or by an Assistant Commissioner to whom the Commissioner has in writing delegated his powers under this section: Provided that, a punishment shall not be increased unless the accused has first had an opportunity of showing cause why the punishment should not be varied. [s.50] 54.–(1) The Inspector-General may, in respect of any proceedings for an offence against discipline referred to him under section 51 makes an inquiry and impose one or more of the punishments mentioned in section 53 or any one or more of the following punishments: (a) in case of an inspector- (i) severe reprimand; (ii) a fine not exceeding one month’s pay; (iii) reduction of rank; or (iv) stoppage of an increment of pay; and (b) in the case of any member of the Force below the rank of sub-inspector- (i) a fine not exceeding one month’s pay; (ii) dismissal; Special power of Inspector-General Ord. No. 22 of 1955 s. 8 1 of 1958 s. 12 ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 129 THE POLICE FORCE AND AUXILIARY SERVICES ACT� [CAP. 322 R.E. 2023] (iii) disciplinary detention for any period not exceeding fourteen days; (iv) reduction in rank; or (v) stoppage of an increment of pay. (2) In the case of an inspector, the Inspector-General may make recommendation to the Minister for the dismissal of an officer and the Minister may dismiss the officer concerned. (3) The Commissioner may delegate in writing his powers under subsection (1) to an Assistant Commissioner: Provided that, any punishment of dismissal imposed by Assistant Commissioner shall be subject to confirmation by the Commissioner. [s. 51] 55.–(1) An officer empowered under this Part to make an inquiry into any charge or case shall have powers to: (a) summon and examine witnesses on oath or affirmation; (b) require the production of documents relevant to the inquiry; (c) adjourn any hearing upon terms as he shall think fit; and (d) remand the person accused in custody until the adjourned hearing. (2) The proceedings of inquiry shall be recorded in a manner as may be required by regulations or orders made under this Act. (3) A person summoned as a witness under the provisions of subsection (1) who fails to attend at the time and place mentioned in the summons or on any adjournment, or refuses to answer any question lawfully put to him commits an offence and on conviction shall be liable to a fine not exceeding one hundred shillings or to imprisonment for one month: Provided that, a witness shall not be obliged to answer any question which may tend to incriminate him or render him liable to any forfeiture or penalty. [s. 52] Powers of officer holding inquiry ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 130 THE POLICE FORCE AND AUXILIARY SERVICES ACT� [CAP. 322 R.E. 2023] 56.–(1) A member of the Force whom any punishment has been imposed under section 53 may appeal against the conviction to the superintendent in charge of police, and, as a first or second appeal, to the Assistant Commissioner, and, in the case of any punishment other than admonishment, extra guards, fatigues or other duty, thereafter to the Commissioner, and, subject as provided under subsection (2), the decision of the most senior officer hereby empowered to entertain an appeal shall be final. (2) A member of the Force who has been punished by the Commissioner under section 54 with dismissal or upon whom the punishment of dismissal has been confirmed by the Commissioner under section 54 aforesaid may, within seven days after the decision or confirmation of the Commissioner has been communicated to him, appeal to the Minister whose decision shall be final. (3) Upon an appeal as in subsection (1) aforesaid, the Commissioner or other officer hearing the appeal shall have power to- (a) return the proceedings for the taking of further evidence; (b) whether further evidence is taken or not, quash the proceedings and rehear the case himself denovo or order the case to be reheard de novo by another officer in the same manner as if the case had been dealt with under subsection (4) of section 52; (c) reverse or vary any finding; or (d) revoke, add to or vary any punishment. (4) In exercising his powers under paragraph (d) of subsection (3), the Commissioner or other officer hearing the appeal may impose any punishment or punishments which he might have imposed under section 54 if he had heard the case himself: Provided that, a punishment shall not be increased or added on appeal unless the accused is first given a further opportunity of being heard. [s. 53] Appeals against punishment for offences against discipline Ord. No. 22 of 1955 s. 9 ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 131 THE POLICE FORCE AND AUXILIARY SERVICES ACT� [CAP. 322 R.E. 2023] 57.–(1) The Commissioner or, in respect of a member of the Force under his command, an Assistant Commissioner, superintendent in charge of police, or an officer in charge of police, may interdict from duty a member of the Force other than a gazette officer, against whom any inquiry is pending under the provisions of section 51 or 52, or who is charged before any court in respect of any offence under this or any other Act: Provided that, an order of interdiction made by an Assistant Commissioner, superintendent in charge of police or an officer in charge of police shall be reported to the Commissioner without delay for his confirmation. (2) The Commissioner may in his discretion suspend from office any member of the Force against whom an order of dismissal has been made and who has appealed against an order or any member of the Force who has been sentenced to imprisonment by any court in respect of any offence, whether under this Act or otherwise, and who has appealed against the sentence. [s. 54] 58.–(1) A member of the Force shall not by reason of his being interdicted from duty or suspended from office, cease to be a member of the Force. (2) During the term of interdiction or suspension, the powers, duties and privileges vested in him as a member of the Force shall be in abeyance but he shall continue to subject to the same responsibilities, discipline and penalties and to the same authorities as if he had not been interdicted or suspended. (3) A pay shall not accrue or become due to any member of the Force in respect of any period of suspension unless the Minister shall otherwise proportion. (4) In the case of interdiction, a member of the Force shall, unless and until he is suspended, receive one-half of his pay, unless the Minister in his discretion shall order that, he receives any greater proportion. Interdiction pending inquiry and suspension Ord. No. 22 of 1955 s. 9 Officer interdicted or suspended not to cease to be police officer ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 132 THE POLICE FORCE AND AUXILIARY SERVICES ACT� [CAP. 322 R.E. 2023] (5) Notwithstanding anything contained in subsection (2) and (3), where the proceedings against a member of the Force do not result in his dismissal or the imposition of any other punishment, he shall be entitled to the full amount of the emoluments which he would have received if he had not been interdicted or suspended. [s. 55] 59. The Commissioner may reduce in rank or grade or may dismiss from the Force any member of the Force other than a gazetted officer who has been convicted by any court of any offence, whether under this Act or otherwise, unless the member of the Force has successfully appealed against the conviction. [s. 56] 60.–(1) Fines imposed on a member of the Force in respect of offences under this Act or any regulations made thereunder may be recovered by stoppage of the offender’s pay due at the time of committing the offence and thereafter accruing due. (2) The amount of stoppage in respect of any fine or for any other cause authorised by this Act or by regulations made thereunder shall be in the discretion of the officer by whom the fine was imposed, subject to the directions of the superintendent in charge of police or Assistant Commissioner to whom he is subordinate or the Commissioner, but shall not exceed one-half of the pay of the offender; and whenever more than one order of stoppage is in force against the same person so much only of his pay shall be stopped as shall leave him a residue of at least one-half of his pay. (3) Where more than one order of stoppage is made upon the same person, the orders later in date shall, where necessary, be postponed as to their enforcement until the earlier orders have been discharged. [s. 57] 61. Where a member of the Force of or below the ran