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NAKALA MTANDAO (ONLINE DOCUMENT)

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Page 1: 1$.$/$07$1'$2 21/,1('2&80(17 · 1$.$/$07$1'$2 21/,1('2&80(17 48 No. 2 Auditors and Accountants (Registration) (Amendment) 1995 (7) A member may resign by giving notice in writing

NAKALA MTANDAO (ONLINE DOCUMENT)

Page 2: 1$.$/$07$1'$2 21/,1('2&80(17 · 1$.$/$07$1'$2 21/,1('2&80(17 48 No. 2 Auditors and Accountants (Registration) (Amendment) 1995 (7) A member may resign by giving notice in writing

1995No. . 2 Auditors and Accountants (Registration) (Amendment)2

person registered as aCertified PublicAccountant in PublicPractice;

thatinsertingby(ii)indefinition an

a p p r o p r i a t eorder;alphabetical

and

wordsdeleting the(iii) byauditor'' authorized

wherever they appear in thisAct and substituting for

,ertif iedthem the words "C.Public Accountant in PublicPractice.''

definitionthein(b)"authorized accountant"-

thatdeletingby(i)anddefinition

for itsubstitutingthe followingdefinition-

Public''Certified

NAKALA MTANDAO (ONLINE DOCUMENT)

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No. 2 Auditors and Accountants (Registration) (Amendment) 1995 3

ameansAccountant''person registered as a

PublicCertifiedAccountant;

thatinsertingby(ii)anindefinition

appropriatealphabetical order;

(iii) by deleting the wordsa u t h o r i z e d11

accountant" whereverthey appear in thisAct curl substituting

wordsfor them thePublic"Certified

Accountant";

by deleting the following-(c)

.approved accountant''(i)and "Registrar" fromthe definition sectionand wordsthe. approved accountant''

."Registrar''an dwherever they appearin this Act;

NAKALA MTANDAO (ONLINE DOCUMENT)

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4 No. 2 Auditors and Accountants (Registration) (Amendment) 1995

"register'', andadding the following

(ii)(d) by

definitions in their properalphabetical order in thissection-

means aTechnician''''Accountingregistered by theperson

Board as such and having metthe conditions stipulated forthat registration'';

''Assets'' includes property or rightowned by a business entitythat has money values whetherit be tangible or intangible

immovableormovableproperty;

''Annual Gross Turnover or GrossRevenue'' means the volume ofbusiness atransacted by

orentitybusinessorganization in a yearmeasured in sales or revenue;

"Executive Director'' means theChief Executive of the Boardappointed under section 6;

NAKALA MTANDAO (ONLINE DOCUMENT)

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No. 2 Auditors and Accountants (Registration) (Amendment) 51995

''Graduate Accountant'' means aperson who has successfullycompleted the professional

examination as recognized by theBoard but lacks the workingexperience to qualify forregistration as Certified

Public Accountant;

"firm'' means a body of registeredCertified Public Accountantcarrying on business for fee,reward or other monetaryconsideration in the UnitedRepublic whether incorporated orunincorporated;

''Minister'' means the Minister forthe time being responsible forthe accountancy profession; anddeleting the definition for"register", and

(e) by deleting the definitionII register'' andfor

aswordredefining thatfollows and putting it in

alphabeticalits properorder in this section-

NAKALA MTANDAO (ONLINE DOCUMENT)

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6 No. 2 Auditors and Accountants (Registration) (Amendment) 1995

''register'' means the Register

of Certified PublicAccountants in Public

II the ''Register ofPractice ,Certified PublicAccountants " , the " Registerof Graduate Accountants'',the ''Register of AccountingTechnicians, '' the Registerof Practicing Firms'' or anyother register as the casemay be, maintained by theBoard in accordance withthe provisions of this Act;

Amendment 3. The principal Act is amended insection 4-of

section 4(a) in paragraph ((-,)-

(i) by deleting the words''and auditing'' which

appear at the end ofthat paragraph andsubstituting for themthe following-''auditing and allied

subjects''.

NAKALA MTANDAO (ONLINE DOCUMENT)

Page 7: 1$.$/$07$1'$2 21/,1('2&80(17 · 1$.$/$07$1'$2 21/,1('2&80(17 48 No. 2 Auditors and Accountants (Registration) (Amendment) 1995 (7) A member may resign by giving notice in writing

Auditors and Accountants (Registration) (Amendment) 71995No. 2

by deleting paragraph (e) to(g) and by adding thefollowing new paragraphs-

(b)

to stipulate(e)o raccountancy

auditing standards and

a 8g: u i d e I i n e sappropriate and toensure the complianceof the standards andguidelines thebysubjects;

registerto maintainof Certified Public

(f)

Accountant in PublicCertif iedPractice,

Public Accountants,Graduate AccountantsAccounting Techniciansaid practicing firms;

to consider and decide(g)upon applications forregistration A toeffect registration ofPracticingaccountants,

NAKALA MTANDAO (ONLINE DOCUMENT)

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8 No. 2. Auditors and Accountants (Registration) (Amendment) 1995

Accountants,Accounting Technicianand practising firms;

theto regulate(h)activities and conductAccounts PublicAccountants in Public

CertifiedPractice,Public Accountants,Graduate AccountantsAccounting Techniciansand practising f firms;

evaluate(i) foreigntoa r, (% o u n t a n c yqualifications forexemption from parts

Board'stheofexamination;

theformulateto(j)appropriate NationalAccountancy Scheme and

and overseesyllabiAccountancythat

syllabi in traininginstitutionsthroughout the countryare in accordance with

NAKALA MTANDAO (ONLINE DOCUMENT)

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No. 2 1995 9Auditors and Accountants (Registration) (Amendment)

N a t i o n a 1t h eAccountancy Scheme andsyllabi;

to evaluate internal.institutional

(k)

accountancyforqualifications

exemption from partsBoard'sof the

examination; and

suchcarry outto(1)other functions afterconsultation with theMinister.''

Section 7 of the principal Act4.Amendment I

is amende-of

by(1)subsectioninsection 7 (a)openingthedeleting

paragraph to that subsectionand substituting for it thefollowing-

Executive"7(1) TheandDirector keepshall

maintain ofRegistera

NAKALA MTANDAO (ONLINE DOCUMENT)

Page 10: 1$.$/$07$1'$2 21/,1('2&80(17 · 1$.$/$07$1'$2 21/,1('2&80(17 48 No. 2 Auditors and Accountants (Registration) (Amendment) 1995 (7) A member may resign by giving notice in writing

10 No. 2 Auditors and Accountants (Registration) (Amendment) 1995Certified Public Accountants

in Public practice,

Certified Public

Accounts and Accounting

Technician in which the

name of every person

entitled to have this name

entered in that Register as

a Certified Public

Account in Public

practice, Certified Public

Account, Graduate

Accountant Accounting

Technician, as the case soon

as is practicable after

being accepted by the Board

for registration, showing

against his name the

following particulars";

(b) by adding immediately after

subsection (2) the following

new subsections-

"(3) Any person who does not

quality for registration

under subsection (1) of this

section but who is an

accounting or auditing

NAKALA MTANDAO (ONLINE DOCUMENT)

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Auditors and Accountants (Registration) (Amendment ) 1995No. 2 11

has notpersonnel whocompleted relevant studiesto-qualify for registration,shall haveaccordance

a title inwith the

.prescription of -titles asshall be issued by 'We

Executive W., Motor from timeto time.

The Executive Director(4)shall keep and maintain aregister of firms in whichevery practising firm ofCertified Public Accountants

Practicein Public orCertified Public Accountantsshall register their firmsand registerthe shallcontain-(a) names of the partners,

members or associatesof the firm;

.(b) qualifications of suchPartners, members orassociates;

NAKALA MTANDAO (ONLINE DOCUMENT)

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199512 No. 2 Auditors and Accountants (Registration) (Amendment)

of theaddressthe(0)of f iceregistered

Where SPY carry onbusiness;

numberregistration(d)companiesunder the

Ordinance or BusinessNames (Registration)Ordinanceapplicable; and

if

the classification in(e)which each of thepartners, members orassociates of the firmare registered underthis Act. ''

Section 8 of the principal ActAmendment 5is amended-of

section 8by deleting subsection (1)(a)and (21) and substituting for

following newthem thesubsections-

NAKALA MTANDAO (ONLINE DOCUMENT)

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13No. 2 Auditor and Accountants (Registration) (Amendment) 1995

ExecutiveThe"8(1)Director shall cause to bepublished in the Gazette, assoon as may be practicable

theregistration,address

afterandname

qualifications eachofCertif ied Public Accountant

Certif iedPractice,inPublic Accountant, Graduate

AccountingAccountant,PracticingandTechnician

subject to thef irm anddirections of the. Board, maycause to be, so published any

deletionamendment to orfrom the register.

8(2) The Executive Directorshall cause to be publishedin the, Gazette, as soon asconveniently may be afterthe first day of January ineach year, a list containing

andthe names, addressedallofqualifications

registered Certified PublicPublicinAccountants

Practice, Certif ied Public

NAKALA MTANDAO (ONLINE DOCUMENT)

Page 14: 1$.$/$07$1'$2 21/,1('2&80(17 · 1$.$/$07$1'$2 21/,1('2&80(17 48 No. 2 Auditors and Accountants (Registration) (Amendment) 1995 (7) A member may resign by giving notice in writing

199514 No. 2 Auditors and Accountants (Registration) (Amendment)GraduateAccountants,

Accountants,-

Accountingremaining onTechnicians,

the register at, the close ofthe previous year togetherwith the list of practisingf irms. ''

Amendment 6. Section 10 of toethe Principal Act isofamended-section 10

to, deleting subsection(a)(2) and substitutingfor it the following-

" (2) Notwithstandingprovisionsthe of

paragraph (a) and (b)of subsection (1), theBoard may-

require(a) anyperson to whomeither of thesaid paragraphsapplies to passsuchexamination asthe Board mayprescribe; or

NAKALA MTANDAO (ONLINE DOCUMENT)

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No. 2 Auditors and Accountants (Registration (Amendment) 1995 15

specify a time(b)forrequired

practicaltoexperience

be gained by aperson to whomeither of theparagraphsapplies beforesuch person isentitled to beregistered.

by deleting subsection(b)(3) and substitutingfor it the following-

''(3) The Boardrequireshall

applicantanrf o

registrationthisunder

tosectionsatisfy it that

sihprofessional

generalandhasconduct

NAKALA MTANDAO (ONLINE DOCUMENT)

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1995No. 2 Auditors and Accountants (Registration) (Amendment)16

been as,suchin the opinionof the Board,to vale him af it and properperson to beregistered ase i t h e r aC e r t i f i P d-P u b 1 i cAccountant, inP u b I i cPractice,- -C e r t i f i e dP u b I i cAccountant,-G r a d u a t eAccountant orAccountingTechnician.

(4) The Board shallanrequire-

applicant forregistrationunder thissection t o-

thatsatisfyh i sih

-

-

or

-

-

-

a

NAKALA MTANDAO (ONLINE DOCUMENT)

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Auditors and Accountants (Registration) (Amendment) 1995No. 2 17

professionaland generalconduct hasbeen such as,in the opinionof the Board,to make him af it and. properperson to beregistered aseither a-C e r t i f i e dP u b 1 i cAccountant inP u b I i c-Practice, aC e r t i f i e dP u b I i c

aAccountant,G r a d u a t eAccountant, anAccounting-Technician or apractisingf irm-

-

-

in

a

NAKALA MTANDAO (ONLINE DOCUMENT)

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1995No. 2 Auditors and Accountants (Registration) (Amendment)18

7,. The principal Act,is amended by addingimmediately after newsubsection (4) of10, the following newsections-

"Addition ofSections10A,10B,10C,10D,

Subject to the otherQualifications for 10(A)provision of this Act,person shall be entitled

aregistration of

Certified Public.on making an application toAccountants in

thethe Board and inprescribed manner and on

Public Practice

payment to the Board, of theto beprescribed fee,

registered under this Act andto have his name entered inNot Register of CertifiedPublic Accountants in publicPractice upon being, issued

ofCertificatewith aPractice by the Board.

Subject to the other100)provisions of this Act, aperson shall be entitledon making an application tothe Board, in the prescribedmanner and on payment to the

Qualificationsfor registrationCertif ied.PublicAccountant,

NAKALA MTANDAO (ONLINE DOCUMENT)

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19Auditors and Accountants (Registration) (Amendment) 1995No. 2

Board of the prescribedfee, to be registered underthis Act and to have his nameentered in the Register o fCertified Public Accountants.

10(c)Qualification for Subject to theregistration of provision of thisGraduate Accountant personAct, a shall be

entitled on making anapplication to the Board, inthe prescribed manner and onpayment to the Board of theprescribed fee, to beregistered under this Act andto-have, his name entered inthe Register of GraduateAccountants upon successfullycompleting the, Certif iedPublic Accounting Examination

or its equivalent but lacksrelevantthe practical

experience for registrationa Certified Publicas

beAccountant, mayasprescribed by the Board.

NAKALA MTANDAO (ONLINE DOCUMENT)

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1995No. 2 Auditors and Accountants (Registration) (Amendment)20

thetosubject10(D)provisions of this section aperson shall be entitled onmaking &an application to theBoard, in the prescribedmanner and on payment to theBoard of the prescribed feeto be registered under thisAct and to have his nameentered in the Register ofAccounting Technicians:-

Qualifications forregistration ofAccounting Technicians

of anmember(a) ao fInstitute

AccountingtheTechnicians,

membership of which isforrecognized the

thetime being byBoard as furnishing asufficient guaranteeof academic knowledgeand relevant practicalexperience i nAccounting;

aisperson whoa(b)holder of the Board'sAccounting Technician

NAKALA MTANDAO (ONLINE DOCUMENT)

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21Auditors and Accountants (Registration) (Amendment) 1995No. 2

Certificate (ATEC) orits equivalent asrecognized thefor

the time being byas qualifyingBoard

for registration as anAccounting Technician.

Repeal of Section 12 of the, Principal Act is8.hereby repealed.section 12

Amendment of 9. The Principal Act is amended insubsection (1) of section 13 by deletingthe opening paragraph of that subsectionand substituting for it the following-

section 13

''13(l) The Board my at any timethat thedirect name of a

Certified Public inAccountantCertif iedPractice, aPublic

Public Accountant, GraduateAccountinganAccountant,

Technician or Practising Firm IDdeleted from the classificationwhere such person or firm has-''

Addition The principal Act is amendedadding immediately

10.of afterby

subsection (5) Of Section13 the following new section-

12A13B

NAKALA MTANDAO (ONLINE DOCUMENT)

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1995No. 2 Auditors and Accountants (Registration) (Amendment)22

Issuance of, 13A Notwithstanding theother provisions of thisand procedure

to. obtain Act, no person shall,'Certificate whether incorporated orof practice'' unincorporated practise

as an accountant orauditor unless he appliesand obtains a Certificateof Practice from theBoard.

''Issuance of 13B No firm other than afirm Issued with aclearance

and procedureonto obtain, shall carry

certificate oras AuditorsbusinessAccountants whether corporateor incorporate.

clearance

(2) The Executive Directorshall issue a certificate ofclearance to a firm that applies

afterfor that certificateascertaining-

registrationthe(a)status of the membersor partners of thatfirm;

or

22

NAKALA MTANDAO (ONLINE DOCUMENT)

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23No. 2 Auditors and Accountants (Registration) (Amendment) 1995

(b) manpowert h ecapabilities theoff irm;

the classification in(0)which the members or

arepartners f irmregistered.

The Certificate of Clearance(3)issued under subsection (2)this section shall stateclassification Of the registrationof members and partners of thef irm.

ofthe

(2) Where, a person undersubsection (1) of this sectionapplies in 8. prescribed fora Certificate Of practice andafter paying a prescribed fee, the

Certificate ofBoard may issue apractice to that person.

Section 14 of the principalAmendment 11.Act is amended by of adding theofword "firm" immediately afterSection 14the word ''Person" wherever thelatter appears in this section.

NAKALA MTANDAO (ONLINE DOCUMENT)

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1995No. 2 Auditors and Accountants (Registration) (Amendment)24

12. Section 15 of the principalAmendmentAct is amended-of

. by deleting the opening paragraphand substitutingfollowing-

(a)section 15for theit

If any Certified Public" 15.Practice,Accountant, in Public

Certif ied Accountant,PublicAccountingGraduate Accountant,

Technician or firm is convicted ofany of f Price against this Ant oris, after due inquiry held by theBoard, found to have been guiltyof any act or omission amounting

ordisgracefulimpropertogrossly, negligent professionalconduct, the Board may-''

in paragraph (e) of that(b)adding(1)section by

immediately before the full'' and anystop the words

Certificate of Practice orany other certificate issuedto him by the Board undersection 13A or 13B bereturned to the Board forcancellation.''

NAKALA MTANDAO (ONLINE DOCUMENT)

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25Auditors and Accountants (Registration) (Amendment) 1995No. 2

Amendment 13. Section 16 of the, principalof Act is amended- subsection (1) by-Section 16

adding the words ''or firm''(a)immediately after the word

It which appears init personthe second line before theword "whose", and

(b) adding the words ''or by alegal representative. of thefirm'' immediately after the

I. which appearsword ''Personin the third line of thatsubsection between the wordsto in'' and "but".

Amendment 14. Section 17 of the principal Act isamended by deleting the word ''five'' whichappears in the last line of that sectionand substituting for it the words ''twohundred".

ofSection 17

Amendment 15. Section 18 of the principal Act isamended in subsection (I)-of

Section 18by adding(a) f irm"the word . . orimmediately after the wordIt person'' which appears in thefirst line of that subsection; and

25

NAKALA MTANDAO (ONLINE DOCUMENT)

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26 No. 2 Auditors and Accountants (Registration) (Amendment) 1995

afterby adding immediatelyparagraph (g) the, following newparagraphs-

(b)

"(h) -to theenterto refusefirm's name % the registerof practising firms,

to suspend the effect ofregistration of the firm inthe register. ''

Q)

Amendment Section 19 of the principal Act is16amended in subsection (1) to, deletingparagra.ph (e) and substituting for it thefollowing new paragraph (e)-

ofSection 19

. (e) a Certified Public Accountant inPublic Practice in the employmentof the Tanzania Audit Corporation,and nominated by the DirectorGeneral of the Corporation.''

17. Section 20 of the principal Act isAmendmenthereby amended-ofby adding the marginal note as follows-section 20 (a)

andStyles"Use of certainTitles''; and

NAKALA MTANDAO (ONLINE DOCUMENT)

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Auditors and Accountants (Registration) (Amendment) 1993No, 2 27-and(b) deleting paragraph (c)by

substituting for it the following-

" (C) in the case of a personwhose name has been enteredon the Register of ''GraduateAccountant'';

new paragraph (d) asby adding(c)follows-

'' (d) in the ease of a personwhose name has been entered

ofRegisterthe,onAccounting Technicians,

Accounting Technician''.

18. Section 21 of the principal Act isAmendmentrepealedof and replaced by thefollowing-Section 21

21 Any person who-''Offencesrelating to

not being a(a)use of stylesand titles Certified Public

inAccountantP u b I i cPractice, or a

NAKALA MTANDAO (ONLINE DOCUMENT)

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1995No. 2 Auditors and Accountants (Registration) (Amendment)28

CertifiedP u b I i cAccountant,G r a d u a t eAccountant or

AccountinganTechnicianf a 1 s e 1 ypretends to besuch; or

being anot(b)person entitledto anyusestyle or titlereferred to insection 20,uses such style

title ororuses any othername, style,

o rt i t 1 edescription,i m p I y i n g ,

inwhetheror initself

ehtcircumstancesin which it is

NAKALA MTANDAO (ONLINE DOCUMENT)

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29Auditors and Accountants (Registration) (Amendment) 1995No. 2

used, that suchisperson

entitled to usesuch style ortitle;

not abeing(C) C e r t i f i e dP u b I i cAccountant inP u b 1 i cPractice, holdshimself out,w h e t h e rdirectly or byimplication, tobe- a CertifiedP u b 1 i cAccountant inP u b I i cPractice;

(d) not being aC e r t i f i e dP u b 1 i cAccountant inPublic PracticeOr a CertifiedP u b 1 i cAccountant,

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1995No. 2 Auditors and Accountants (Registration) (Amendment)30

himselfholdswhetherout I

directly or byimplication, tobe a CertifiedP u b 1 i c

inAccountantP u b 1 i cPractice;

abeingnot(e)CertifiedP u b I i a

inAccountantP u b 1 i cPractice,CertifiedP u b I i c

orAccountantGraduateAccountant

himselfholdswhetherout,

Directly or byImplication, tobe a GraduateAccountant;

NAKALA MTANDAO (ONLINE DOCUMENT)

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ab e i n g(f)G r a d u a t e

orAccountantAccountantan

Technicianhimselfholds

whetheroutdirectly or byimplication tobe, a Certif iedP u b 1 i c

inAccountantPublic Practiceor a CertifiedP u b 1 i cAccountant;

abeingnot(g)issuedf irm

aw i t hofCertificate

clearance holdshimself out Iw h e t h e rdirectly or by

asimplicationh a v i n g a

ofcertificateclearance;-

1995No. 2 Auditors and Accountants (Registration) (Amendment) 31

NAKALA MTANDAO (ONLINE DOCUMENT)

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No. 2 Auditors and Accountants (Registration) (Amendment) 199532

not(h) athavingleast onemember o rpartner aasregisteredCertified

P u b 1 i cAccountant inPublic Practiceor Certif iedP u b I i cAccountant,shall be, guiltyof an offenceand beshallliable 0 nconviction to afine n o t

sixexceedingh u n d r e dthousandshillings or toimprisonmentfor a term not

twoexceedingyears toorboth such fine

na dimprisonment . ''

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33No. 2 Auditors and Accountants (Registration) (Amendment) 1995

Amendment1.9. Section 22 of the principal Act isamended- of

section 22the marginaldeletingby(a)

note and substituting thatthewithnotemarginal

following-''Restriction on

aspracticeCertified

i cP u b 1inAccountant

Public PracticeCertifiedor

P u b 1 i cAccountant " ;

bysubsectionin(b) (6)deleting the word ''fifty''which appears in the fourthline of that subsection andsubstituting for it thewords ''seven hundred fifty'and

I

by deleting subsection (7)".(e)

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34 No. 2 Auditors and Accountants (Registration) (Amendment) 1995

20. Section 23 of the principal Act isAmendment

of hereby amendedwadSection 23 ( a ) by deleting subsection (2)

substituting for it the- following-

'' (2) No person shall employor continue. to employ as anaccountant any person who isnot-

Certified Publica(a)Accountant, or

G r a d u a t ea(b)Accountant" ;

by deleting Subsection (3)and (4) and substituting forthem the following-

(b)

"(3) No person shall takecontinue in anyorUP

auditoremployment, as anis a Certif iedunless he

Public Accountant in Publicpractice;

No person shall take,continue

(4)or anyinup

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No . 2 35Auditors and Accountants (Registration) (Amendment) 1995

employment as an Accountant-~unless the, is a Certified

Public Accountant, orGraduate Accountant . "

by adding new subsection (5)immediately after subsection(4) as follows-

(C)

No person shall takeContinue

(5)or in anyemployment as an AccountingTechnician unless hoe is anAccounting Technician;

by(e) in section 23renumbering subsection(5) as (6) and (6) as(7); and

in subsection (6) as(f)byrenumbered,

deleting wordsthe" exceeding twenty''which appear in thethird line thatof

andparagraphsubstituting for themthe, words ''less than

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1995No. 2 Auditors and Accountants (Registration) (Amendment)36

two hundred thousandshillings but not

sixexceedinghundred,"

Amendment 21. Section 24 of the principal Actis amended-of

section 24subsectionin in(a) (1)

paragraph (a) by deleting-

the words ''ten'' which(i)appears in the f firstline of that paragraphand substituting forit the "onewordshundred";

(ii) (b) byin paragraphdeleting wordthe''five'' which appears

in the first line ofthat paragraph andsubstituting for it

fifty";the wordsby(b) immediatelyinsertingafter subsection (1) the

new subsectionfollowing(2)-

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No. 2 37Auditors and Accountants (Registration) (Amendment) 1995

without theprejudice toProvisions of subsection (1)of this section, every bodyof Persons, whethercorporate or unincorporated,engaged in Tanzania in any

ortrade, businessProfession, which has-

(a) assets in Tanzania thevalue of which is lessthan hundredonemillion shillings; or

annual(b) an grossturnover in Tanzania

which is less thanfifty thousand millionshillings, shall keep

booksProper ofaccounts";

in(b) subsection (2) bydeleting the word ''fifty''Which appears on the lastline of that subsection andSubstituting for it the

1. six hundred".words

(2)

whetherPersons,

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1995No. 2 Auditors and Accountants (Registration) (Amendment)38

22. Section 25 of the principalAmendmentAct is amended-of

section 25

(b) ofin paragraph(a)(2) bysubsection

deleting wordstheone hundred and fiftythousand" which appearin that paragraph andsubstituting for them

words " fivethemillion'' -1)

(3) in thein subsection(b)definition of-

"a pp r o p r i a t e(i)authority" by deletingthe words ''Income TaxManagement Act'' andsubstituting for those,

wordsthewords''Income Tax Act'',

bytax''" income(ii)wordsthedeleting

''East African IncomeTax Management Act''and substituting forthem the words '' Income

..Tax Act , and

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39Auditors and Accountants (Registration) (Amendment) 1995No. 2-

and'' income '' " gross(iii)deletingbyincome"

'' Income Taxthe words

andActManagementsubstituting for themthe word "Income TaxAct, ; and

theby deleting(iv)n o t e,ma r g i n a I

"Community Laws cap. 24

and substituting forit the marginal note''Act No.:33 of 1973''-

in subsection (5) of thatsection by deleting thewords ''exceeding twenty'' and

(c)

substituting for them thewords '' less than three

hundred thousand shillingsnineexceedingbut not

hundred. '' .

Section 26 of the principal Act Repeal23.ofis repealedsection 26

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199540 No. 2 Auditors and Accountants (Registration) (Amendment).24. Section 27 of the principal. ActRepeals

of is hereby repealed.section 27

Section 30 of the principal Act25.is amended by adding immediatelybefore the full stop of subsection

(1) the following-

Amendmentof

section 30

"or any other external auditorselected from among names ofexternal auditors proposed by theBoard''.

Amendment 26. Section 31 of the principal Act isrepealed and replaced by the followingnew section-

'I ofsection 31

31."Chairman's The Chairman shall, at theend of each financial year, preparea report of the activities of theBoard during that financial year andsubmit such report to the Minister.''

report

Section 34 of the principal27.AmendmentAct is amended by-of

.section 34wordsthedeleting(a)

''Registrar's report" in-

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No. 2 41Auditors and Accountants (Registration) (Amendment) 1995

the marginal note- and, ,(i)Paragraph (b); andby substituting

(ii)(iii) for

those words, the words"Chairman's report''.

28. Section 36 of the principal Act Amendmentis amended- of

section 36by deleting paragraph (b)and substituting for it thefollowing-

(a)

'' (b) fraudulently procuresor attempts to procure,whether for himself or anyother person, registrationas a Certif ied PublicAccountant in PublicPractice. Certif ied Public

GraduateAccountant,Accountant or AccountingTechnician;"

(b) by wordsthedeleting"twenty'' which appears inthe second line of theParagraph and substitutingfor them finishing the words

by

Accountant,

as

(a)section 36of

for(iii)(ii)

(i)

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42 No. 2 Auditors and Accountants (Registration) (Amendment) 1995

'' which appears in''twentythe second line of theparagraph and substituting

"sixwordsfor them thehundred''.

Section 38 of the principal Act is29."Amendmentamended-ofin the opening paragraph of thatsection by inserting immediately

(a)Section 38

after the, word ''may'' which appears.. andbetween the words ''Minister

''make'' the following phrase-

''after consultation with thenoticebyandBoard

...published in the Gazette ,

by deleting paragraph(b)(d) '' and

renumberingby(C)paragraph (e) as (d).

.30. Section 39 of the principal Act isamended-

Amendmentof

in subsection (1) by-section 39 (a)

paragraphsdeleting(a)(j) to (n); and

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43Auditors and Accountants (Registration) (Amendment) 1995No. 2

immediatelyadding(ii)paragraph (i)after

newfollowingtheparagraph-

"(j) prescribingtermsrules,

conditionsandrf o

registration;

prescribing the(k)fees to be- paid

applicationonrf o

registration,ofthe issueofcertificate

andpracticefor, extracts

andcopieslists of, or in

to,relationentries in theregister;

prescribing(1)classification

thewithin

the

(ii) adding

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44 No. 2 Auditors and Accountants (Registration) (Amendment) 1995

forregistersdifferentlevels or typesof

qualificationsand competence;

prescribing the(M)of feesscale

bemaywhichbycharged

accountants andforauditors

s e r v i c e 8rendered by,them;

authorizing the(n)Executive

toDirectoronarbitrate

any dispute asto fees charged

a n yb yaccountant;

Prescribing(0)andrulesforprocedures

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Auditors and Accountants (Registration) (Amendment) 1995No. 2 45

exemption ofthepart of

B o a r d'sexaminationscheme;

prescribing(P)whichanything

isormayrequired to be

byprescribedthe Board'';

(b) by deleting subsection(2); and

renumbering subsection(c)

(3) as (2) -

31. The Schedule to the principalAct is amended-

Composition1(1) The Board shall consist of aChairman who shall be appointed bythe President.

of the BoardChairman andmembers' tenureof officeThe Minister shall, after(2)

Board,the,withconsultationappoint-

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46 No. 2 Auditors and Accountants (Registration) (Amendment) 1995

the Executive Director;(a)

six other members;(b)shall bepersonand no

hasunless heappointedpracticalandknowledge

accountancyexperienceprofession; and

five other members to be(c)thebyrecommended

association representativeaccountancyof all

professionals.''

Executive(3) Theappointed underDirector

sub-paragraph (2) of thisparagraph shall be an ex-officio member of the Board.

The Chairman of the(4)Board may, unless he resigns

his ismembershiporotherwise terminated, holdoffice for a maximum of twoconsecutive. terms of threeyears each term.

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,No. 2 47Auditors and Accountants (Registration) (Amendment) 1995

(5) A member of the, Boardshall hold office forthree years unless-

he resigns;(a)(b) he otherwise vacates

his off ice;(c) his appointment i's

revoked by theappointing authority;or

(d) he fails to attend toconsecutivethree

withoutmeetingsthereasons to

satisfaction of theBoard.

(6) The appointingauthority may fill In anyvacancy occurring in themembership, and may revokethe appointment, ofmember,replacement

anyand appoint a

in accordancewith sub Paragraph (2) ofthis paragraph.

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48 1995No. 2 Auditors and Accountants (Registration) (Amendment)

(7) A member may resignby giving notice in writingin writing to the appointingauthority of his intentionto do so.

In this paragraph(8)appointing authority'' means

the Minister.''in sub-paragraph (2)(b)of paragraph 2, bydeleting the words''two'' which appears inthe first line between

"of" andthe words. . a n d"y e a r s"

substituting for thatword the word ''three",in paragraph 4 by(c)

immediatelyaddingsub-paragraphafter

(5) the, following newsub-paragraph-''(6) The Board shall

appoint Committees astonecessaryare

conduct the, affairs ofthe Board.''

Passed in the National Assembly on the 20th February, 1995.

Printed by the Government Printer, Dar es Salaam-Tanzania

/ ; /*Y'-7 ,

Clerk of the National Assembly

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