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THE LOCAL GOVERNMENT LAWS (MISCELLANEOUS AMENDMENTS)
ACT, 1999
ARRANGEMENT OF CONTENTS
PRELIMINARY PROVISIONS AMENDMENT OF THE LOCAL GOVERNMENT (DISTRICT
PAGE 2PART IPART II
3-57AUTHORITIES) ACT, 1982 AMENDMENT OF THE LOCALPART IIIGOVERNMENT (URBAN AUTHORITIES) ACT, 1982 AMENDMENT OF THE LOCAL
58 -104PART IV
GOVERNMENT FINANCES ACT,130105-1982
PART V AMENDMENT OF THE LOCAL GOVERNMENT SERVICE ACT, 1982 AMENDMENT OF THE LOCAL GOVERNMENT NEGOTIATING
130-133PART VI
133MACHINERY ACT. 1982 -134AMENDMENT OF THE REGIONAL ADMINISTRATION ACT, 1997
PART VII135
AMENDMENT OF THE 136-141PART VIIIURBAN AUTHORITIES (RATING)ACT, 1983
PART IX AMENDMENT OF THE DISTRICT CORPORATIONS ACT, 1973 142-153
1999Local Government Laws (Miscellaneous Amendments)No. 64PART II
AMENDMENT OF THE LOCAL GOVERNMENT(DISTRICT AUTHORITIES) ACT, 1982
2.-(I) This Part shall be read as one withConstruction,commence-
the Local Government (District Authorities) Act,ment and
1982 herein referred to as ''the principal Act.11applicationAct No.7
of 1982
(2) This part shall come into operation on
such dates as the Minister may, by notice,
published in the Gazette appoint subject to
subsection (3).
The Minister may, in exercising the(3)
powers under subsection (2), appoint different
dates of commencement for different provisions
in relation to such local government authorities
as may be specified in the notice.
..
No. 6 Local Government Laws (Miscellaneous Amendments) 1999 5
Amendment. 3. The principal Act is amended in section 3of Section 3
which relates to interpretation by-
(a) phrasedeleting the ''Area
Commissioner'' and substituting for it
definition thethe following in
appropriate alphabetical order-
""District Commissioner'' has
the meaning ascribed to it byAct No. 1 9 the Regional Administration
of 199 / Act, 1997, and -
when used(i) in
torelation adistrict means the
District
Commissioner for
the District
concerned; and
used(ii) when inrelation to a local
Local Government Laws- (Miscellaneous Amendments) 1999No. 66 -government
authority meansDistrictthe
Commissioner for
the district inlocalwhich that
government
isauthority,
established;''
''Areagenerally deleting the title
Commissioner'' wherever it appears in
the Act and substituting for it the
(b)
title ''District Commissioner;"
deleting the definition ''court'' and(c)
substituting for it the following-
'court'' means any court in
mainland Tanzania of
competent jurisdiction and
Local Government Laws (Miscellaneous Amendments) 1999 7No. 6
includes a ward tribunal
established under the Ward
Tribunals Act, 1985;''Act No.7
(d) by deleting the definition ''Proper
wherever termOfficer'' the
appears in the Act.
(e) the principal Act is amended by addingthe following definition in its appropriatealphabetical order-''service board'' when used in relation to this Act means service board established in accordance with section 86A:
4. The principal Act is amended in section 4
by deleting subsection (3) and substituting for
it the following subsections-
Amendment
of section 4
''(3) The Minister shall in exercising the
powers and' discharging the functions
under this Act, be guided and bound by theneed to- promote decentralisation and the
devolution andfunctionsof powersservices governmentfrom the central
system to local government and within the
local government- system from district
No. 6 Local Government Laws (Miscellaneous Amendments) 1999
council levels to lower level of local
government.
The Minister shall endeavour(4)
to ensure that there is adequate financial
and other resources for various sectors or
aspects of local government so as to
efficientandeffectivetheensure
governmentlocaldevelopment of the
system.
(5) The Minister shall-
andavailabilityensure(a) ofsupplyadequate
personnel trained, skilled
or qualified for work in
orsectionsvarious
localofaspects
government toasso
secure the growth and
development anof
8
1999No. 6 9Local Government Laws (Miscellaneous Amendments)
efficientandeffective
localsystem of
government;
endeavour to ensure that(b)governmentlocalthe
authorities are strong and
effective institutions and
that are more and more
autonomous in managing
andaffairsowntheir
they operate in a more
transparent and
democratic manner;localthatensure(c)
areauthorities
thetoaccountable
people and are generally
so facilitated to improve
their capacities towards
10 1999Local Government Laws (Miscellaneous Amendments)No. 6 .being stronger andeffective in delivering
services to their people''9
(d) endeavour to ensure that
there is availableadequate andfinancialother resources for
sectors,various oraspects of local
government so as to
ensure the effective andefficient development of
the local government
system,
Amendment 5. The principal Act is amended inof section 23
subsection (2) of section 23 by deleting the
whole of subsection (2) and substituting for it the
following-
L
1999 11No. 6 Local Government Laws (Miscellaneous Amendments)
The chief executive officer of the
district council shall be the assistant registrar Of
districtvillages situated in the area of that
council.''
The principal Act is amended by6.Repeal ofsection 3 1 repealing section 31 and substituting for it the
following-
31.-(i) There is"Establish-establishedherebyment of Ward
menta ward DevelopDevelopment
Committee for everyCommitteeward established in the
area of every district
council'.Every Ward(2)
CommitteeDevelopment
shall consist of-
"(2)
Local Government Laws (Miscellaneous Amendments)No. 6 199912
(a) a councillor
representing the
ward who shall be
a chairman or in
his absencemembers shall
elect a presiding
chairman from
amongst villageChairmen;
chairmen of all(b)
councilsvillage
within the ward;
any person who is(C)
a member of a
district council by
virtue of sectionthis35(1)(c) of
Act and who is
No. 6 Local Government Laws (Miscellaneous Amendments) 1999 13
ordinarily resident
in the ward;
(d) any other persons
who may be
invited by the
Committee who
shall include
persons from non-
governmental
organisations and
other civic groups
involved in the
promotion ofdevelopment in
the ward but shall
have no right to
vote.
(3) The WardExecutive Officer shall
1999Local Government Laws (Miscellaneous Amendments)14 No. 6
be the Secretary of the
development,ward
committee.
The Ward(4)
Development
shallCommittee
ordinarily meet at least
four times a year but
may hold a special or
extra-ordinary meeting
whenever necessary.
(5) The Secretary of
the ward development
committee shall record
the proceedings of the
shallmeetings and
submit the minutes to
the ward development
committee and district
No. 6 1999 15
council.
(6) The Ward
Development
Committee may for the
purpose of co-
ordinating the functions
or projects amongst
different wards,
establish wardjoint.
committees.
(7) The joint ward
committee established
under subsection (6)
shall each consist of
such members as may
be determined by the
ward development
committee.
1999Local Government Laws (Miscellaneous Amendments)16 No. 6
The funds and(8)
resources of ward
development
committee shall consist
of such sum as may be
determined and
appropriated by thedistrict council for the
purpose of the ward
development
committees. 1)
Amendment I Section 32 of the principal Act isof section 32 andamended deleting subsectionby (1)
substituting for it the following.-The Ward Development Committee
shall be responsible for ensuring the
implementation of the decisions and
policies of the district council, and of the
"(1)
Local Government Laws (Miscellaneous Amendments)'No. 6 1999 17
development schemes, which relate to the
ward, withoutand prejudice theto
generality of that duty, shall, in particular,
be responsible for-
(a) establishmentthepromotingco-and ofdevelopment
operative andenterprises
activities within the ward;
the initiation or formulation of
any task, venture or enterprise
designed to ensure the welfare
and well being of the residents
of the Ward;
(b)
co-the supervision and(C)
ordination of the
implementation of projects and
districtprogrammes of the
council within the ward;
Local Government Laws (Miscellaneous Amendments)18 1999No. 6
and co-ordinating(d) planning
activities of, renderingand
assistance and advice to the
residents of the ward engaged
in any activity or industry of
any kind;
the formulation and submission(e)
to the Village Councils or to
ofcouncils,the
proposals for the making of by-
laws in relation to the affairs of
the ward.
monitoring revenue collection;(f)promotingandinitiating(g)
indevelopmentparticipatory
the ward;
all funds(h) supervising
established in and entrusted in
the ward;
district
-
1999 19Local Government Laws (Miscellaneous Amendments)No. 6
(i) disastermanaging and
environment related activities;
promotion of gender issues.(j)
Amendment 8. The principal Act is amended in subsectionof section 35(1) of section 35 by adding paragraph (e) immedi-ately after paragraph (d) as follows-
''(e) any other member of parliament whosenomination originated from organs of poli-
tical parties within the area of jurisdictionof the district council.''
9.Amendment Section 45 of the principal Act isof section 45
amended in subsection (1) by adding paragraph
(e) immediately after paragraph (d) as follows:-
''(e) such number of women members who
are qualified to be elected to the township
authority being not less than one quarter of'
all the members referred to in paragraphs
1999Local - Government Laws (Miscellaneous Amendments)No. 6
(a), (b) and (c) to be proposed by the
political parties represented in the township
authority in such numbers as shall be
proportional to the number of members of
the townshipelectedparties tothose
authority which the electoral authority shall
declare to have been elected into the
township authority.''
10. Section 57 of the principal Act is herebyAmendmentof section 57
and(3)subsectiondeletingbyamended
substituting for it the following subsection-
''(3) As soon as may be practicable after
the expiry of five years from the date when
the village council was elected by the
village assembly, the village council shall,
in the manner prescribed by the Minister in
the regulations convene a meeting of the
20
-
Local Government Laws (Miscellaneous Amendments 1999 21No. 6
village assembly for the election of new
members of the council.''
Amendment 11. Section 71 of the principal Act is,of section 71
amended-
(a) by deleting the marginal notes and
substituting for it the following:officerscouncillors
interest In contracts,
agreements.''
(b) in subsections (1), (2), (5), (6), (7),
(8), (9) and (I 0) by inserting the word
"or officer'' after the word ''member''
wherever it occurs in those
provisions.
in subsection (8) by deleting the
phrase ''two thousand shillings and
substituting for it the phrase
(e)
''three
or
199922 No. 6 Local Government Laws (Miscellaneous Amendments)
hundred thousand shillings'
in subsection (2) by deleting the term(d)"proper officer'' and substituting for it
the title ''Regional Commissioner."
The principal Act. is amended by12.Addition ofsection 7 1 A adding section 7 1 A immediately after section 71
as follows: councillors 71 A. Where a
councillor exercises theliability
powers conferred on
him by this Act in abuseof the authority of his
office then he as well as
any other person
involved in procuring
the councillor to
exercise power in abuse
of authority, is guilty of
I
No. 6 Local Government Laws (Miscellaneous Amendments) 1999 23
an offence and may be
proceeded against in
accordance with section
cap. 16 96 of tile Penal Code."
Repeal of 13. The principal Act is amended insection 74
section 74 by deleting the whole of section 74
and substituting for it the following:''Standing 74(l) Every districtCommittees shall establishof the standing committees
for-District
(a) Finance,
Administration
and Planning;
(b) Education,Health
and Water; and
No. 6 1999
Economic affairs(c)
works and
environment.
Notwithstanding(2)
subsection (1) a district council
such otherestablishmay
notcommitteesstanding
exceeding three as may be
propernecessary thefor
discharge of the functions of
the council taking into account the local needs and priorities.
(3) The Minister may by
regulations published in the
Gazette prescribe the limit of
the number of committees that
may be established by a district
council and the annual cost of
meetings of a council of its
24 Local Government Laws (Miscellaneous Amendments)
No. 6 Local Government Laws (Miscellaneous Amendments) 1999 25
committees and
subcommittees.
Any committee(4)
appointed under this section
may invite other persons who
are not members of the district
council to provide expertise
and other assistance but such
invited persons shall not take
part in the final decisions of the
committee.
(5) The number of members
standingof committeeestablished under this Act shall
be such as may from time to
time be thedetermined by
district council.
Each standing(6)
a
Local Government Laws (Miscellaneous Amendment) 199926 No. 6
committee other than standing
forcommittee finance
administration and planning
shall consist of not more than
one third of the members of
the district council.
Section 76 of the principal Act isRepeal of 14.section 76
hereby repealed.
The principal Act is amended by15.Addition ofsection 86A
the86sectionafterimmediatelyadding
following section:
''Establish- 86A.-(1) A district
council may, for the purposement of -of discharging its functionsservice
establish by instrumentBoard
published in the Gazette, a
provisionsservice board for
.
I
No. 6 Local Government Laws (Miscellaneous Amendments) 1999 27
. . .of services within its area of
jurisdiction.
(2) The constitution and
tenure of office of a boardestablished subsectionunder
(1) shall be as may be
determined by the Council in
the establishment instrument or
any other authority.
(3) Every service board
shall be accountable to the
district
perform
council and shallsuch duties and
functions as may be specified
in the instruments of itsestablishment''.
28 No. 6 1999Local Government Laws (Miscellaneous Amendments)
16. The principal Act is amended byRepeal ofsection 96
repealing section 96 and replaced with the
following:
96.-(I) Every township"Power to
Authority shall establishestablish
Standing committeesStanding
for-Committees
Finance,(a)
Administration
Urbanand
Planning;
Education, Health,(b)
and Water
Economic affairs,(e)
andworks
environment.
(2) A township authority
may establish not more than
other standingtwo
29 , No. 6 1999Local Government Laws (Miscellaneous Amendments)
committees which are
necessary or expedient for the
better performance offunctions and the efficient
management of the affairs and
business of the township
authority.
(3) The term of office of
the members of the committee
shall from time to time be
determined by the township
authority.
(4) A standing committee
established under this section
othermay invite such
persons, who are not members
of the authority as may deem
necessary for the efficient
1999 30Local Government Laws (Miscellaneous Amendments)No. 6
execution of any task
undertaken by it.
17. The principal Act is amended byAddition of'section I I A
immediatelyadding after section III the
following section:
In addition toI I IA.-(I)66 Objectives
functions inthe specifiedfor
section I I I it shall be thefunctions
objective of the local
authorities in performing theirfunctions-
(a) to give effect to
meaningfulthedecentralisation in
political, financial
and administrative
matters relating to
the functions
1999Local Government Laws (Miscellaneous Amendments)3 1. No. 6
powers,
responsibilities
and services at alllevels localof
government
authorities;
andpromoteto(b)
ensure democratic
in,participation
and control of
decision-making
peopletheby
concerned; and
andestablishto(C)
reliablemaintain
sources of revenue
otherand
resources in order
localenableto
1999 32Local Government Laws (Miscellaneous Amendments)No. 6
governmentauthorities to
theirperform
functions
effectively and to
enhance financial'ofaccountability
local government
authorities, theirandmembers
employees.
(2) In the performance
theirof functions, local
government authorities shall-
(a) theirprovideservices in an
efficient and cost-
effective manner
co-and foster
-
33 No. 6 Local Government Laws (Miscellaneous Amendments) 1999
operation with
civic groups and
other persons or
authorities;(b) accord due
recognition to, and
promote, gender
awareness- and)provide(C) for theprotection and
proper utilization
of environment for
sustainable
development.
(3) Nothing in this Actshall be construed as
prohibiting local - government
authorities from performing
any function which is not the
No. 6 Local Government Laws (Miscellaneous Amendments) 1999 34
exclusive responsibility of the
central government or any
localother government
authority.
For the purposes of(4)
subsection (3), the Minister
may from time to time by
in theOrder published
for localspecifyGazette,authoritiesgovernment any
are thewhichmatters
exclusive responsibility of the
central government and those
of various levels of the local
government authorities. .11
18. The principal Act is amended by
adding immediately after section
following section:
Addition of
section I 1 1 BI 1. IA the
6 1999Local Government Laws (Miscellaneous Amendments)
''Public 1 1 1 B. The Minister may,
for the purpose of effective,
efficient and participatory
running of the affairs of local
government authorities, by
regulations published in the
hearings
Gazette prescribe the
procedure and the manner in
which Public hearings shall be
held in cases whenever a
local government authority
intends to carry out a schemeof major public interest.
Section 116 of the principal Act is19.
amended by adding immediately after subsection
(2) the following subsections:
''(3)
Amendment
of section 116
There shall be freedom of
speech and debate in any proceedings of
No. 6 1999 36Local Government Laws (Miscellaneous Amendment)
the district authority during meetings and
such freedom of speech and debate shall
not be liable to be questioned in any court
or place outside the meetings of the district
authority.
(4) Notwithstanding the provisions,
of this section, a member of a district
exercises.authority who the powers
conferred on him by this Act in abuse of
the authority of his office, commits an
offence and, may be proceeded against in
accordance with section. 96 of the Penal
Code.''Cap. 16
Section 118 of the principal Act is20.Amendmentof section I I 8
amended-
subsectionin(a) (1) by adding
immediately after paragraph (f) the
following paragraph:
-
37. No 6 Local Government Laws (Miscellaneous Amendments) 1999
''(g) to take all necessary
measures to provide for the
protection and properutilization of the environment
for sustainable development.-(b) by renumbering paragraph (g) as (h)
Repeal of 21. The principal Act is amended by
repealing section 119 and substituting for it the
following:
section I 1 9
119.''Performance Any district councilmay Perform any functionsof functions
lawfully delegated to it as a
local government authority by
agreement with a central
government or with
the, district council or
other local
delegated to
district
Council
government, authority
Local Government Laws (Miscellaneous Amendments)No. 6 1999 38
or body within
mainland Tanzania,
whether or not it is a
body corporate,
adhering to conditions
laid down in the
agreement subject to
such terms and
conditions as may be
agreed upon with the
District Council which
shall include the
provision of sufficient
resources to enable the
council- to Perform such
functions.,,''
Amendment 22. Section 120 of the principal Act isof section 120
amended-
Local Government Laws (Miscellaneous Amendments) J999
(a) by inserting the words anybeforeorganisation or body'' the
words a ''township'' appearing .in the
sixth line of subsection (1);
by(b) inserting the words any
organisation or body'' before the
words ''the township'' appearing in
the first and second line of subsection
(2);
by adding the following words at the(C)
end of subsection (2)-66 and perform those functions
as directed by the District
Council.
Addition of The principal Act is amended by23.section 120A
adding immediately after section .120 thefollowing section:
39. NO 6
http://.in
Local Government Laws (Miscellaneous Amendments) 1999 40No. 6
Where a director120A.Abuse of
or officer exercises theAuthority
powers conferred on him by
this Act in abuse of the a
authority of his office he as
well as any other person
involved in procuring the
director to exercise powers in
by a
Director
abuse of the authority
commits an offence and may
inbe proceeded against
accordance with section 96
of the Penal Code.Cap. 1 6 19
24. The principal Act is amended by repealingRepeal of . .section 125 and substituting for it the following-section 125
125.-(I) A district council''Power to
may enter into a contract withcontract
Local Government Laws (Miscellaneous Amendments)41 1999No. 6
any person in order to
perform any of its functions
under this Act.
(2) No district council
shall, enter into any contract of
supply of goods or materials,
the execution of any works
or the provision of any
service, without complying
with procedure of competitive
tendering and other procedures
set out in the Local
Government Financial
Memoranda issued in
accordance with the Local
Government Finances
Act No. 9
of 1982
Act.
(3) Any contract made by
a district council shall be
Local Government Laws (Miscellaneous Amendments)No. 6 1999 42
made in accordance with theAct No.9 Local Government Financialof 1982 Memoranda issued under the
Local Government Finances
Act, 1982, if no provision in
the memoranda which relates
to the making of contracts,
then in accordance with the
standing orders or directions
of the district council or, as
may be appropriate, in
accordance with the district
council budget.
(4)- A person entering into a
contract with authorityan
shall not be bound to enquire
whether the entering by the
council into the intended
contract complies with the
43 Local Government Laws (Miscellaneous Amendments)No. 6 1999
standing orders of the council
or with the directives of the
authorities and all contracts so
entered
council
valid
into by a district
shall if otherwise
be valid,
notwithstanding the standing
orders or directions of the
Minister not having been
complied with. .Amendment 25. Section 127 of the principal Act is
amended-of section 127(a) by deleting the designation ''proper
officer'' wherever it occurs and sub-stituting for it the designation ''Re-gional Commissioner''
I
(b) by adding the following new sub-section immediately after subsec-tion (4)''(5) Notwithstanding the provisionsof section 127, if the council is agg-rieved by any of the decisions madeby the Regional Commissionerunder this section it may appeal tothe Minister whose decision in thematter shall be final.
No. 6 Local Government Laws (Miscellaneous Amendments) 1999 44
26. Section 135 of the principal Act is amended- Amendmentof section 135(a) by deleting subsection (2) and
substituting for it the following:
''(2) No township
authority shall enter into any
contract for the supply of
goods or materials or the
execution of any works or the
provision of any services,
without complying with the
procedure for competitive
tendering and other
procedures set out in the
Local Government Financial
Memorandum issued in
accordance with the Local
Act No.9
of 1982"Government Finances Act.
by deleting subsection (4) and(b)
substituting for it the following
subsection:
''(4) A person entering into a
1999Local Government Laws (Miscellaneous Amendments)45 No. 6contract with a township
authority shall not be bound
to enquire whether the
entering by the council to theintended contract complies
with the standing orders of
the township authority and all
contracts entered into by a
township authority, if
otherwise valid, shall haveforcefull and effect in
relation to the obligations of
under them,the authority
notwithstanding the standing
ororders directions not
having been complied with''.
Repeal ofThe principal Act is amended by27.section 137
repealing section 137 and substituting for it the
No. 6 Local Government Laws (Miscellaneous Amendments) 1999 46
following:
Subject to such137.
general or specific limitations
or conditions as the district
council may by order
published in
Power to-66
write off
arrears of
revenue,
Gazette, localcash and
newspaper or a notice posted
at a notice board, specify in
relation to any township
authority or category of
township authorities, section
127 shall apply mutatis
stores
mutandis to township
authorities in respect of the
power to write off arrears of
revenue cash and stores as if
references to a district council
in that section were references
to a township authority."
47 .No 6 Local Government Laws (Miscellaneous Amendments) 1999-28. Sections 143, 144, 145 and 146 of theRepeal of
sections 143,principal Act are. hereby repealed.
1,44, 145 and~ 146
Section 150 of the principal Act is29.Amendmentof section 150
hereby amended-
(a) by deleting subsection (3) and sub-stituting for it the following new sub-section-''(3) After the By-laws have been madeby a district council they shall belodged with the Regional Commi-ssioner in the region in which thecouncil is situated for comments byhim; and the Regional commissionershall, as soon as practicable, submitthe by-laws to the Minister for hisapproval.
subsectiondeleting(b) by and(S)
substituting for it the following:
Local Government Laws (Miscellaneous Amendments)No..6 1999 48
''(5) The Minister may,before approving any by-law
which affects a reserve or
specific area or any other
enacted law, consult the
Minister responsible, for the
relevant law or matter as the
case may be.
Amendment 30. Section 151 of the principal Act isof section 151
amended-
(a) in subsection (3) by deleting the
words ''five thousand shillings''
substitutingand
for them the words''three hundred thousand shillings.''
(b) in subsection (1)(c) by inserting afterwordthe ''Minister'' the words
''Regional Commissioner or localgovernment authority''
49. No. 6 1999Local Government Laws (Miscellaneous Amendments)
31. Section 153 of the principal Act isAmendmentof section 1 53 hereby amended-
ofthe contentsrenumbering(a) by
section 153 as 153.-(l);
(b) by adding after subsection (1) the
following subsection-
''(2) The Director may where
he is satisfied that any person
committed an offencehas
by-lawsanyunder made
under this Act, by order under
suchhand compoundhis
suchrequiringbyoffence
person to make payment of a'
sum of money:
Provided that-
ofsuch sum(a)
money shall not be
themore than
1999 50Local Government Laws (Miscellaneous Amendments)No. 6
finemaximum
provided for such
theandoffencetheofwholeanyofamount
penaltyorlevysuchfromdue
person;powerthe(b)
conferred by this. shallsubsection
only be exercised
where the person
admits in writinghashethatthecommitted
offence;
(C)
give to the Person
No. 6 Local Government Laws (Miscellaneous Amendments) 1999
from whom he
receives such sum
of money a
receipt therefor.''
Amendment 32. Section 164 of the principal Act isOf section 164
amended-
by renumbering subsection(a)
(3) as subsection (2);
(b) by adding a new subsection
(3) immediately after
subsection (2) as follows:
''(3) Any by-law made
by a village council
under this section shall
be in accordance with
this Act and shall not
contravene any written
law and nothing in this
Local Government Laws (Miscellaneous Amendments)No. 6 1999 52
Act shall De deemed to
any villageempower
council to make any
by-law iswhich
inconsistent with any
by-laws made by adistrict or other local
organgovernment
the villageabove
council timethefor
inforcebeing in
relation to that Village
Council".
Section 167 of the principal Act is33.Amendmentof section 167
amended in subsection (1) by deleting the phrase
-two thousand shillings'' and substituting for it
the phrase ''fifty thousand shillings. 91
...
53 No. 6 Local Government Laws (Miscellaneous Amendments) 1999
34.Addition of The principal Act is amended bysection 170
adding immediately section 170after the
following section-
The Minister170A.-(I)C 4Code of
may make regulationsconduct
prescribing the code of
conduct for councillors
of a local government
authority.
(2) Regulations made
under subsection (1) shall be
published in the Gazette.
The principal Act is amended by35.Addition ofPart VIIA 174 thesectionafterimmediatelyadding
following Part-
1999 54No. 6 Local Government Laws (Miscellaneous Amendments)
''PART VIIA
FUNCTIONS OF THE CENTRAL
GOVERNMENT IN RELATION
TO LOCAL GOVERNMENT
In relation to the1/4ARelationsand offunctionspowerswith central
district authorities conferredgovernment
by this Act the central,shall-government
I thefacilitate(a)
'exercise of those
powers and the
discharge of those,
in afunctions
manner that gives
due recognition to
the autonomy of
governmentlocalauthorities-
5
55 No. 6 Local Government Laws (Miscellaneous Amendments) 1999
aformulate(b)
policynational
regulatoryand
framework for the
governmentlocal
system;
co-ordinate and(c)
themonitor
ofperformance
governmentlocal
forauthorities
withcompliance
policies,national
andguidelinesstandards-~.
policies(d) developforand provide
regulatory
framework to
56 No. 6 Local Government Laws (Miscellaneous Amendments) 1999
ensure that thedistrict councils
lead other
development
agencies in theirareas of their
jurisdiction in the
proper execution
and
implementation of
those policies;
provide(e) the
necessarytechnical support
or assistance to
district councils
for the
development of
No. 6 Local Government Laws (Miscellaneous Amendments) 1999 57
respective sectors
in the districts;
(f) assist in work for
the
implementation of
decisions and
resolutions ofr district councils
which affect the
development of
respectivetheir
sectors,
and central government shallIV
have due regard to the need to
recognise and enhance the1
governmentrole localof
authorities in the provision of
services and supervision of
i
58 No. 6 Local Government Laws (Miscellaneous Amendments) 1999
development activities within
their respective areas. .
Amendment 36. Section 179 of the principal Act isof section 179
amended in subsection (1) by deleting the phrase
''two hundred shillings'' and substituting for it-the phrase ''fifteen thousand shillings."
Amendment 37. The Principal Act is amended inof section 180
deletingsection 180 by the phrase ''threehundred shillings'' and substituting for it thephrase ''twenty thousand shillings''
-
591999- Local Government Laws (Miscellaneous, Amendments)No. 6
AME NDMENT OF THE LOCAL GOVERNMENT(URBAN AUTHORITIES) ACT, 1982
38.-(I) This Part shall be read as one withthe Local Government (Urban Authorities.) Act,I 1982 in this Part referred to as ''the principal
Construction
and.application
Act No.8
Act'',of 1982(2) This part shall come into operation OR
such dates as the Minister may, by notice in theGazette appoint subject to- subsection (3).
The Minister may in exercising the(3).differentpowers under subsection (2), appoint
dates of commencement for different provisionsin relation to such local government authorities
.as may be specified in the notice.
39. Section 3 of the the principal Act isAmendmentamended-of section 3
PART III
60 No. 6 Local Government Laws (Miscellaneous Amendments) 1999
(a) by deleting a semicolon at the end ofthe definition ''City Council'' and
adding the following phrase:''and includes a City Council...
established under section 5subject to section 7A of thisAct;''
by deleting a semicolon at the end ofparagraph (c) in the definition ''theCouncil'' and adding the followingphrase:
(b)
''and includes citytheunderestablishedCouncil
section 5 subject to section7A of this Act''-
1
(c) by adding the phrase at the end of thedefinition ''court'' as follows-;
and includes a ward tribunal
established under the Ward
1999 61Local Government Laws (Miscellaneous Amendments)No. 6
Tribunal- Act, 1985''-Act No.7 I
of 1985by deleting the definition ''proper(d)
termthewhereverofficer''
appears in the Act.
(e) by inserting at the appropriate alphabeticalorder the following definition-
''service board'' means the service boardestablished under section 52A!'
Section 4 of the principal Act is40.Amendmentandof section 4 by deleting subsection (3)amended
substituting for it the following subsections-
(3) The Minister shall-andavailabilitytheensure
adequate supply of personnel
trained, skilled or qualified for
work in various sections or
aspects of local government so
as to secure the growth and
(a)
--
development of an effective
...Local Government Laws (Miscellaneous Amendments)62 No. 6 1999.
and efficient system of the
local government;
endeavour to ensure that the(b)
authoritiesgovernmentlocal
are strong and effective
institutions that are more and
more autonomous in managing
their own affairs and that they
operate in a more transparent
and democratic rnanner;
ensure that local government(c)
authorities are accountable to
the people and are generally so
improvefacilitated theirto
towardscapacities beingeffectivestronger and in
delivering services to the
people;
No. 6 Local Government Laws (Miscellaneous Amendments) 1999 63
(d) endeavour to ensure that there
is available adequate financial
and other resources for various
aspectssectors or of local
government so as to ensure theeffective efficientand
of the Localdevelopment
government system.
'(4) The Minister shall, in exercising theand the functionsdischargingpowers
under this Act, be guided and bound by the
decentralisation andneed promoteto
powers andof functions,devaluation
services from the central government to
the local government system and within
the local government system from higher
urbanoflevelslowerlevels to
authorities.''
Local Government Laws (Miscellaneous Amendments)64 No. 6 1999I
Section 5 of the principal Act, is41.Amendmentof-section 5
amended-
deleting and(1)subsectionby(a)
followingit theforsubstituting
subsection:
Subject to sections 7440 )
7A' othertoandand
provisions of this part, the
OrderMinister bymay,'inpublished Gazette,the
ofareain anyestablish
anTanzaniaMainland
appropriate urban authority or
authorities.''
in subsection deleting(4) by(b)
paragraph (c) and substituting for it
the following paragraph-
A city council shall be6,(c)
known as the city and shall be
1999 65No. 6 Local Government Laws (Miscellaneous Amendments)
of such characteristics as to
Jurisdiction,area,size,
functions or other description
as may be specified in the
Order establishing it.''
Section 7 of the principal Act is42.Amendmentof section 7 and(1)subsectiondeletingbyamended
substituting for it the following subsection:
beshallauthorityNo urban(1)
established except in accordance with the
procedure prescribed by this Act.''
The principal Act is amended by43.
adding immediately after section 7 the following
section:
Addition of
section 7A
66 No. 6 Local Government Laws (Miscellaneous Amendments) 1999
Where it is7A.-(I)"Procedure for
intended to establish a cityestablishing
council in respect of an areaa city
authorityor areas of -urbancouncil
or authorities, the Minister
shall, by a two months notice
published in the Gazette
in urban
authority
give notice of intention
indicating its composition and
jurisdiction and such other
matters as the Minister may,
deem necessary and call upon
interested persons to lodge
with him in writing any
objections within such time as
may be prescribed in the.notice.
No. 6 Local Government Laws (Miscellaneous Amendments) 1999 67
Where upon. the(2)
expiration of the notice, no
objections are received from
any person the Minister shall
proceed to make and publish
Gazettein the the
Order underestablishment
section 5.
Where objections are(3)Ministerlodged with the
pursuant to the notice givensubsectionunder the
take intoMinister may
account the objections and
may after consultation with
the determinepresident
whether or not to establish a
city council.
(1),
68 No. 6 Local Government Laws (Miscellaneous Amendments) 1999
The Minister shall, as(4)
afterpracticableassoonundermaking orderthe
section (5), lay before tile
a copy ofNational Assembly
the notice issued under
subsection (1) together with a
Ordertheofcopyundermadesubsequently
section 5.''
Section 14 of the principal Act is44.Amendrnentof section 14 amended-
subsection inserting(3) byin(a)immediately after the word ''Mitaa''
I
the words ''or village"
insertingbyin subsection (4)(b)immediately after the word ''Mtaa''
I
the words ''or village.
-
No. 6 Local Government Laws (Miscellaneous Amendments) 1999 69
immediatelyadding(c) by after
subsection (4) following subsection:
"(5) Every Mtaa shall
hold meeting at least once in
every two months and shall
after the meeting submit the
minutes of the meeting to the
developmentward
Committee. ) I
The principal Act is amended by45.Addition ofsection 14A
immediately section 14 theadding after
following section-
14A-(I) There shall be"Mitaa
established a Mtaa committee
in each Mtaa, which shall be
composed of not more than
committees
six members elected from
Local Government Laws (Miscellaneous Amendments)70 1999No. 6
amongst residents of the
Mtaa.
(2) The functions of the
Mtaa committee established
under subsection (1). shall be-
to(a) implement
councils' policies;
(b) theto advise
Council on matters
relating to
development plans
ofand activities
the Mtaa;
(c) to advise the Ward
Development
Committee on
matters relating to
peace and security
in the Mtaa.
No. 6 1999 71Local Government Laws (Miscellaneous Amendments)
keep proper(d) to
record of residents
of the Mtaa;
(e) suchand to do
other things as
may be conferred
itupon theby
ward development
committee.''
46.Amendment Section 15 of the principal Act isof section 15
amended -
(2) andsubsection(a) by deleting
it,forsubstituting the following
subsections:
''(2) Every ward development
committee shall consist of-
-
1999Local Government Laws (Miscellaneous Amendments)72 No. 6
(a) a chairman whoshall be a member
representing the
ward in the urban
authority and in
his absence
members shall
elect a presidingchairman from
amongst chairmen
of the Mitaa;
(b) chairmen of the
Mitaa within the
ward;
(c) Councillors of
urban authorities
who are resident
in the ward;
No. 6 1999 73Local Government Laws (Miscellaneous Amendments)
chairmen of(d)
councilvillage
within the ward
(e) a person who 13 a
member of. urban
authority by virtue
sectionof
(2)(c)19(l)(C),
and (3)(c) of this
Act and who is
ordinarily resident
in the ward'; andinvitedother(f)
persons as may be
determined by the
butcommittee
shall have no right
to vote.''
74 No. 6 Local Government Laws (Miscellaneous Amendments) 1999
by deleting subsection (4) and(b)
substituting for it the following
subsection:
"(4) There shall be a ward
executive officer who shall be
the Secretary to the ward
development committee.
by renumbering subsection (3) as
subsection (4) and subsection (4) as
subsection (5).
(c)
Section 16 of the principal Act 'is47.Amendmentof section 16 amended-
adding(1)subsection by(a)
immediately after paragraph (e) the
following paragraph:
to monitor and co-11(f)
the ofactivitiesordinate
''Mitaa within the ward''
in
I
No. 6 Local Government Laws (Miscellaneous Amendments) 1999 75
after(b) by immediatelyadding
followingsubsection (3) the
subsections-
''(4) The council may for the
purpose of co-ordinating the
functions or projects amongst
different. wards, establish joint
ward committees;
The ward joint(5)
committees established under
eachshall(4)subsection
consist of such members as
may be determined by the
council.
Funds and resources(6)
developmentwardof
committee shall consist of any
sum as may be determined
thebyappropriatedand
No. 6 Local Government Laws (Miscellaneous Amendments) 199976
council for the purposes of
ward Committees."
Section 19 of the principal Act is48.Amendmentof section 19 amended-
afterimmediatelyaddingby(a)
followingsubsection (3) the
subsections:
" (4) councilcityA
established subject to section
of the7A consistshall
following members:
(a) a ma or elected bycouncillors of the
authoritiesurbanwithin the area ofthe city council from
electedamongstcouncillors-
1999 77Local Government Laws (Miscellaneous Amendments)No. 6
(b) a deputy mayor ele-cted by councillorsof the city councilfrom amongst ele-cted councillors ex-cept that where themayor is from oneurban authority, thedeputy mayor shallbe from a differenturban authority;
(c) five members ofparliament at leastone from each urbanauthority, and atleast one of whomshall be a woman,each elected fromamongst themselvesby members of par-liament from andresident in the city.";
(d) three councillors
from each of the
urban authorities
and at least one of
whom shall be a
woman;
78 No. 6 Local Government Laws (Miscellaneous Amendments) 1999
the mayor of each(C)urban authoritywithin citythecouncil.
(5) The mayor elected undersubsection (4) shall hold office for aperiod of five years and may beeligible for re-election.
(6 . ) A Deputy Mayor shall holdoffice for a period of one year andmay be eligible for re-election tothat office.
(7) The city director shall be theSecretary at all meetings of the citycouncil but shall have no right tovote;''
by renumbering subsection (4) as(b)subsection (8).
Section 38 of the principal Act49. Amendmentof section 38amended-
I
No. 6 Local Government Laws (Miscellaneous Amendments) 1999 79
(a) in subsection (1) by insertingimmediately''member''
wordafter the
the wordsofficer''
I
(b) in subsection (9) by deleting
the words ''district council'' and
substituting for it the words''urban authority''
Repeal of 50. the principal Act issection 42) amended by repealing section 42 and substituting
for it the following:
Standing
Committees
kI 42.(1) Any urban
authority other than a city
Council shall establish a
standing committees for-
finance and(a)
administration;
80 No. 6 Local Government Laws (Miscellaneous Amendments) 1999
(b) economic
affairs, health,
and education;
(c) urban planning
and
environment."
Notwithstanding(2),
councilthesubsection (1)
such otherestablishmay
committees notstanding
exceeding three as may be
properfor thenecessary
discharge of the functions of
the council to local needs and
priorities.
A city Council(3)
established under section 7A
suchshall establish
committees as bemay
Local Government Laws (Miscellaneous Amendments)No. 6 1999 81
determined by the Minister in
the order establishing it.
(4) Each standing
thecommittee except
committee forstanding
and administrationfinance
shall consist of not more than
one third of the members of
the urban council.
(5) The Minister may, by
regulations published in the
gazette prescribe the limit of
the number of committees
that may be established by an
urban council and the annual
cost of meetings of council,.
committees andits
subcommittees.
1999Local Government Laws (Miscellaneous Amendments)No. 682
Any committee(6)
established under this section
may invite other persons who
themembersnot ofare
council to 'provide expertise
and other assistance but such,
invited persons shall not have
the right to vote.''
The principal Act is amended by51.Addition ofsection 52A the42sectionafterimmediatelyadding
following section-
52A.-(I) An urban
authority may for the
purpose of discharging its
functions within its area,
establish by instrument
published in the Gazette.
46Establishment
of Service
Board
No. 6 199983 Local Government Laws (Miscellaneous -Amendments)
such service boards as it may
deem necessary.
(2) A Service boardestablished under subsection
(1) shall be answerable to the
authorityurban and shall
perform such duties andfunctionsexercise such as
may be specified in the
instrument establishing it"..
Amendment 52. Section 54 of the principal Act isof section 54.
amended-
(a) by deleting the marginal note and
substituting for it the following-
''Objectives and functions of
the local government .authorities;";
No. 6 Local Government Laws (Miscellaneous Amendments) 1999 84
addingbysubsection (1)in(b)
immediately after paragraph (c) the
following paragraphs-
44(d) to take necessary
measures to protect/and
enhance the
environment in order to
promote sustainable
development.
give thetoeffectto(e) -'meaningful
indecentralisation
andfinancialpolitical,
mattersadministrative
relating to the functions,
responsibilitiespower,
and services of all levels
governmentlocalof
authorities;
1999Local Government Laws (Miscellaneous Amendments)No. 685
to promote and ensure(f)
democratic participationcontrolin, and of,
decision-making by the
people concerned; and
to establish and maintain(g)reliable sources of
revenue otherand
resources enabling local
government authorities
to perform their
functions effectively -and
to financialenhance
of localaccountability
government authorities,
their members and
employees.''-9
Local Government Laws (Miscellaneous Amendments) 861999No. 6
by adding immediately after(c)
(1) the followingsubsectionsubsections-
''(2) in the performance
then- functions, localofgovernment authorities shall-
their(a) provide
aninservicesefficient and cost-
mannereffective
foster co-and
operation with civicothergroups and
orpersons
authorities;due(b) accord
recognition to, and
gender
awareness,.
promote
1999Local Government Laws (Miscellaneous Amendments)87 No. 6-
Nothing in this Actbeshall construed
prohibiting local government
authorities from performing
any function which is not the
exclusive responsibility of the
central government or of any
localother government-authority
For the purposes of(4)
subsection (3), the Minister
may from time to time by
order published in the
specify for urbanGazette,
authorities any matters which
are the exclusive
responsibility of the central
government and those of any
(3)
as
No. 6 Local Government Laws (Miscellaneous Amendments) 1999 88
other local governmentauthority."
by renumbering subsection (2) as(d)
subsection (5).
The principal Act is amended by53.Addition ofsection 54A thesectionafteradding 54immediately
following section-
54A. In relation to the
powers and functions Of Urban
authorities conferred by this
46Relations with
Central
Government
Act, the central governmentshall-
the(a) facilitate
exercise of those
powers and the
discharge of those
afunction in
manner that gives
1999Local Government Laws (Miscellaneous Amendments)No. 689
due recognition to
ofautonomythe
governmentlocalauthorities-
a(b) formulate
national policy and
regulatory
framework for the
governmentlocal
urbaninsystem
areas;
and(c) co-ordinatethemonitor
ofperformanceauthoritiesurban
compliancefor
nationals.with
policies, guidelinesaid standards; and
No. 6 Local Government, Laws (Miscellaneous Amendments) 1999 90
(d) have due regard to
toneedthe
andrecognise
enhance the role of'
governmentlocal
theinauthoritiesofprovision
andservices
ofsupervision
development
activities within
respectivetheir
areas.
policies(e) develop
provide forand
regulatoryandframework
thethatensureauthoritiesurban
1999Local Government Laws (Miscellaneous Amendments)No. 691
shall lead other
development
in theiragencies
area of jurisdiction
in properthe
andexecution
ofimplementation
those policies;
the(f) provide
necessary technical
urbansupport to
authorities for the
ofdevelopment
sectorsrespective
in their areas;
(g) assist in work for
the implementation
of decisions and
resolutions of the
-
92, 1999No. 61 Local Government Laws (Miscellaneous Amendments)-
urban authorities
which affect the
development of-their, respectivesectors;''
Amendment 54. Section 58 of the principal Act isof section 58
amended by adding immediately after subsection
(2) the following subsections:
"(3) There shall be freedom of speech
and debate in any proceedings of the urban
authority during council meetings and
such freedom of speech and debate shall
not be liable to be questioned in any court
or other place outside the councilsmeetings.
(4) Notwithstanding the provisions
of this section, any member of an urban
authority who exercises the powers
93 No. 6 Local Government Laws (Miscellaneous Amendments) 1999
conferred on him by this Act in abuse of
the authority of his office, commits an
offence and may be proceeded against in
accordance with section 96 of 'the PenalCap. 16
Code. 19
Section 67 of the principal Act is55.,Amendmentof section 67
amended by adding immediately after subsection
(2) the following subsection:
Where a director exercises the6'(3)
powers conferred on, him by this section in
abuse of the authority of his office, then,
he as well as any other person involved in
procuring the director to exercise the
power in abuse of authority commits an
offence and may be proceeded against in
accordance with section 96 of the Penal
Code. 55
1999 94No. 6 Local Government Laws (Miscellaneous Amendments)
The principal Act is amended-56.Addition of
(a) by adding a new subheading andsection 69Aand a
section 69A as follows-subheading''C-Functions of the City Council
established subject to section 7A ''69A. Thefunctions
Functionsof the
of tile cityCity
councilcouncil
shall be:co-(a) to
theordinate
andpowers
offunctions
urbanthe
authorities
regardinginfrastructure
1999Local Government Laws (Miscellaneous Amendments)No. 695
and land use
planning;
(b) to prepare a
coherent
city-wide
frame work
for the
ofpurpose
enhancingsustainable
development;
promote(c) to
co-operation
thebetween
councilcity
orand,
amongst
localgovernment
~, r
Local Government Laws (Miscellaneous Amendments)No. 6 1999 96
authorities
within thecity area;
(d): to cleal with
all matters in----~ ,there!whichinter-is an
dependancy
among the
urban
authorities;
(e) to support
and facilitate
the overall
functioning
and
performance
of the urban
authorities;
97 No. 6 Local Government Laws (Miscellaneous Amendments) 1999
provide(f) to
peace and
security and
emergency
services such
as fire
prevention
and control,
ambulance
and police;
(g) to performsuch other
functions as
may be
agreed upon
between the
City Council
and other
urban
1999 98Local Government Laws (Miscellaneous Amendments)No. 6
authorities;
and
perform(h) to
major
functions
torelating
protocol and
ceremonies.
by renumbering subheading(b)"C'' as subheading ''D''.
57. The principal Act is amended byAddition ofsection 78A
sectionafterimmediatelyadding the78
following section: .78A In relation to the"Power of
exercise of powers and
performance of functions of
local government authorities
conferred by this Act, the role
Regional
and
District
Commissioner
of the Regional
Commissioner and of the
District Commissioners shall
i
No. 699 Local Government Laws (Miscellaneous Amendments) 1999
be to investigate the legalitywhen questioned of actionsand decisionsgovernmentwithin
of localauthorities
their areas ofjurisdiction and to inform the
Minister or take such other
appropriate action as may be
required.''
58. Section 81 of the principal Act is amendedin subsection (5) by deleting the word ''consent''which appears in the first line and substituting forit the word ''approval'';
Amendment
Of section 9 I
59. Section 88 of the principal Act is Amendmentof section 88amended-
(a) by deleting the phrase ''five thousand
shillings'' and substituting for it the
phrase ''fifty thousand shillings''11
immediatelyby adding after(b)subsection (2) the following section:
1099 100No. 6 Local Government Laws (Miscellaneous Amendments)
"(3) The Director may,
where he is satisfied that anyhasperson committed an
offence under any by-laws
made under this Act, by order
under his hand compound
such offence by requiring
such person to make payment
of a sum of money;
Provided that:-
such sum of(a)
money shall
not be more
thethan
maximum
fine
provided for
such
101 No. 6 Local Government Laws (Miscellaneous Amendments) 1999
offence and
the whole of
the amount
of any levy
or penalty
due from
such person;
(b) the power
conferred
by this
subsection
shall only
be exercised
where the
person
admits III
writing that
he hascommitted
1999 102Local Government Laws (Miscellaneous Amendments)No. 6
the offence;
the Director(c)
shall give, to
personthe.
from whom
receiveshe
such sum of
anmoneyofficial
receipt
therefor.''
Section 92 of the principal Act is60.Amendmentof section 92 amended in paragraph (c) by deleting the words
''five hundred'' and substituting for it the words
''fifty. thousand''.
Section 93 of the principal Act isAmendment 61.of section 93
103 No. 6 Local Government Laws (Miscellaneous Amendments) 19
amended in paragraph (b) of subsection (1) by
the words ''two hundred'' anddeleting
substituting for it the words ''fifty thousand''
Amendment Section 94 of the principal Act is62.
amended by deleting the words ''three hundred''
and substituting for them the words ''fifty
thousand''.
of section 94
Addition of 63. The principal Act is amended by. A. 109A
adding immediately after 109section the
following section:
The Minister10 . 9A.-(l)44Code of
may, by regulations publishedconduct
in the Gazette, establish a\code of conduct for members
of urban authorities.
1999
No. 6 Local Government Laws (Miscellaneous Amendments) 1999 104
PART IV
THE AMENDMENT OF THE LOCAL
GOVERNMENT FINANCE ACT, 1982
64.-(]) This Part shall be read as oneConstructionand
with the Local Government Finances Act, 1982application
in this Part referred to as ''the principal Act''Act No.9of 1982 (2) This part shall come into operation on
such dates as the Minister may, by notice in the
Gazette appoint subject to subsection (3).
(3) The Minister may in exercising the
powers under Subsection (2) appoint different
dates of cornmencement for different provisions
in relation to such local government authorities
as may be specified in the notice.
Amendment 65. Section 4 of the principal Act isof section 4 amended-
105105
105 No. 6 Local Government Laws (Miscellaneous Amendments) 1999(a) by adding immediately
definition ''authority'' the
definition:
after the
following
''blockgrant'' meanssubvention whether
conditional or unconditional
granted to a local government
authority
government
I OA; ''
by the centralsectionunder
(b) by adding immediately after thedefinition "district authority'' the following-
"equalisation. meansgrant''subvention granted by thecentral government in
localagreement with the. authoritiesgovernment to
enable least developed local
106
No. 6. 1999 106Local Government Laws (Miscellaneous Amendments)
authorities meet the cost of
services based on the degree
to which a local government
unit is lagging behind the
national standard.
by deleting the definition ''proper
officer''
(c)
wherever the termIappears in the Act;"
The principal Act is amended by66.Addition ofsection 9A
adding immediately after- section 9 the following
section:
9A .-(I) No person shall"power of
alter any item or revenuethe
source that may affect theMinister
local government authority or
authorities without
consultation with the Minister
*
No. 6107 Local Government Laws (Miscellaneous Amendments) 1999
responsible for local
government.
Notwithstanding(2)
sections 6, 7, 8 and 9(l)- of this
Act, the Minister may, after
consultation otherwith
regulationbystakeholders,
decide on the distribution of
amongrevenueofsources
various levels of councils."
Section I 0 of the principal Act is67.Amendmentof section 10 amended-
in subsection (3) by adding(a)
immediately after paragraph (e)
the following paragraph:
Such sum as the
afterMinister may
consultation thewith
"(f)
No. 6 Local Government Laws (Miscellaneous Amendments) 1999 108
Minister responsible for
finance asdetermine
being the costs incurred
by the district council
on the provisions and
ofmaintenance
agriculture and
extensionlivestock.
services within the area
districtt heo f
authority.''
by deleting subsection (6).(b)
The principal Act is amended by68.Addition ofsection 10A
adding section 10A immediately after section 10
the following section:
Local Government Laws (Miscellaneous Amendments)109 No. 6 1999
10A -(I) There''Block grantsshall be paid annuallyto localto an urban authority bygovernmentway of block grantsauthorities
from the public revenue
of the United Republic
the following amounts,
for which payment
there shall be no further
authorization other than
this section such sum as
the Minister may after
consultation with the
minister responsible for
finance determine as
being the cost to be
incurred.by the urban
authority for
development and
http://incurred.by
1999Local Government Laws (Miscellaneous Amendments)No. 6Ito
maintenance of services
particularly education,
health, water, roads and
agriculture.
(2) There shall be
atopaid annuallydistrict council by way
of block grants from
the public revenue of
the United Republic the
following amount for
which payment there'
furtherbeshall
authorization other- than
this -section such sum as
the Minister May after
thewithconsultation
Minister responsible for
finance, determine as
Local Government Laws (Miscellaneous Amendments) 1999 IIINo. 6 .
costs tobeing be
incurred by the district
council in the provision
. of essential social
particularlyservice;
health,education,
androadswater,
agriculture.
Payment of(3)
grants underblock
subsections (1) and (2)
onefromvarymaylocal toauthority
another depending on
andgradesthe
standards as may be
by theprescribed
Minister.
1999Local Government Laws (Miscellaneous Amendments)I No. 6122
(4) The government
isitwheremay,satisfied athat
localparticular
authority has a weak
revenue base, pay to
that local authority an
grant toequalization
providetoitenable
maintain and develop
necessaryother
services within its area.
The Minister(5)
regulationbyshall,
theinpublishedthegazette, prescribe
theforcriteria
ofprovision
equalization grant.
No. 6 Local. Government Laws (Miscellaneous, Amendments) 1999 113
69.Amendment Section 19 of the principal Act isof section 19
amended in item (iv) of paragraph (b) of
subsection (1) by deleting item and(IV)
substituting for it the following item
any tenement specifically exempted
by the council in writing except that the
Council shall in making the exemption
ensure that there are other sources of
revenue to compensate for the revenue of
exempted tenement and the
immediately
exemption is
Regionalreported to the
Commissioner and copied to the external
auditor''
Amendment 70. Section 21 of Principal Act isof section 21
amended-
"(V)
114 INo. 6 Local Government laws (Miscellaneous Amendments) 1999
(a) in subsection (1) by deleting the
subsection (1) and substituting for it
the following-
"( I ) Any person who
neglects, fails, or refuses to pay
any rate payable by him to a
local government authorityunder this Act, commits an
andoffence is liable onconviction to a fine notexceeding fifty thousand
shillings or to imprisonment
for a term not exceeding three
months unless he proves that
the apparent neglect, failure
or refusal, was due to provable
circumstances
control'';beyond his
No.6 Local Government Laws (Miscellaneous Amendments) 1999 115
in subsection (4) by deleting
the phrase ''one thousand'' and
substituting for it the words
''fifty thousand''
(b)
Section 22 of the principal Act is71.Amendmentof section 22 onewordsthedeleting 4 Cin byamended
thousand'' and substituting for them the words
''fifty thousand".
Section 23 of the principal Act is72.
amended in paragraph (b) by deleting the words
one thousand'' and substituting for them the
Amendment
of section 23
46
words ''fifty thousand''.
Section 25 of the Principal Act is73.Amendmentof section 2-5 amended-
in subsection (1) by deleting the(a)thousand'' andonewords 44
1999Local Government Laws (Miscellaneous Amendments)116 No. 6
substituting for them the words ''fifty
thousand'';
in subsection (2) by deleting the(b)
''five hundred''words and
substituting for them the words ''fifty
thousand'';
in subsection, (3) by deleting the(c)
''five hundred'' andwords
substituting for them the words ''fifty
thousand''.
74. Subsection 27 of the principal Act isAmendmentof section 27
amended in paragraph (d) by deleting the words
"one thousand'' and substituting for them the
words ''fifty thousand''.
75. Section 28 of the principal Act isAmendmentof section 28 andamended by deleting subsection (1)
substituting for it the following subsection-
1999I Local Government Laws (Miscellaneous Amendments)No. 6 117
10 A Local government authority may,subject to the provisions of this Act,
(a) appoint a person or persons as
agents for the collection of
rates imposed by the authority
on the person or persons who
are not within its ofarea
jurisdiction; and
(b) enter into such agreement as it
may deem necessary with a
person or persons so appointed
as to the performance of the
functions
remuneration.
to hisand19
76. Section 33 of the principal Act isAmendmentof section 33
amended by deleting subsections (1), (2) and (3)
118 No. 6 Local Government Law Miscellaneous Amendments 1999Amendment 77. Section 34 Of the Principal Act isof section 34
amended-
(a) In subsection (1) by deletingthe term -proper officer'' andsubstituting for it the title''Minister'';
(b) by deleting subsections (2) and(3)
Amendment 78. Section 35 of the principal Act isOf section 35amended by deleting subsection (2) andsubstituting for it the following subsection:
"(2) A local government authority may
instead of providing any service which it is
authorized to provide make a financial
contribution or management to the serviceboard established under the localgovernment Acts, where the board is
providing the service or so that it may-
1999. 1119Local Government Laws (Miscellaneous Amendments)No. 6
provide the service within the area of that
local government authority''
Repeal of 79. The principal Act is amended bysection 37
repealing section 37 and substituting for it the
following-
37 A local''Advances
government authorityand
may make advancesdeposits
and operate deposit and"suspense accounts.
80.amended by deleting the phrase ''with the prior
approval of the proper officer from time to -time''
which
Section 38 of the Principal Act isAmendmentof section 38,
appears in the second line of the section.
81.Repeal of The principal Act' is amended bysection 43
repealing section 43, and substituting for it the
120 No. 6 Local Government Laws (Miscellaneous Amendments) 1999
following- ,64
Estimates 43.-(I) Every local
government -authority
shall, not less than twomonths before the
beginning of every
financial year, at a
meeting specially
convened for the
purpose, pass a detailed
budget (in this Act
called ''annual budget")
of the estimates of the
amounts respectively-
expected to(a)be received;
and
NO. 6 ... ILocal Government Laws (Miscellaneous Amendments) '1999 I 21
expected to(b) be
disbursed,
by the authority during the
financial year, -and whenever
circumstances so require, an
authority may pass a
supplementary budget in any
financial year.
(2) The chief executive
officer shall for the purpose
of obtaining advice regarding
national policies, programmes
and financial regulations,
arrange a meeting with the
Regional Secretariat at. any
time before the passing of the
councils' annual or
supplementary budget.
122 No. 6 Local Government Laws (Miscellaneous Amendments) 1999
(3) The annual budget and
every supplementary budget
shall be in such form and
include such details as the
Minister may direct.
(4) Where a budget is, not
approved or disapproved by
the local government
authority before thecommencement of thefinancial year for which it is
prepared, the chief executive
officer
concernedof the authority
authorizemay
inexpenditure, accordancewith the budget up to fifteenpercent of its revenue for thepreceding year
No. 6 Local Government Laws (Miscellaneous Amendments) 1999 123
(5) Where the local
government authority
approves the annual budget or
supplementary' budget as a
thewhole, budget as
approved shall be binding on
the local government
authority, which shall confine
its disbursement within the
items and amounts contained
in the applicable estimates as
approved..(6) Subject to the
provisions of any financial
memoranda relating to it, a
local authoritygovernmentmay by resolution-
(a) adjust expenditure
limits taketo
1,24 1999No 6 Local Government Laws (Miscellaneous Amendments)... ... ...
account of
circumstances not
reasonably
foreseable at the- time the budget
was prepared-,
(b) authorize theofexpenditure
money
appropriated forij
any one purpose in
an. approved
budget on any
other purpose
contained in the
budget.
Where a Local(7)
hasAuthorityGovernment
not, within three months of
1999 1.25No. 6
the beginning of the financial
year, approve its budget, the
takeMinister suchshall
action heasappropriate
considers necessary including
the power to direct that the
council shall not make any
hiswithoutexpenditure
approval.
Where at any time(8)
during the implementation of
the annual or supplementary
thetoappearsitbudgetlocalathatMinister
government authority is in
contravention of any national
orguidelinespolicies,takestandards, shallhe
appropriate tomeasures
Local Government laws (Miscellaneous Amendments)
126 Local Government Laws (Miscellaneous Amendments)No. 6 1999
ensure that these are complied
with and, for that purpose,
may issue directives 'for thethoseofimplementation
measures, and such directives
shall be binding on the local
government authority.''
The Principal Act is amended in82.Repeal ofsection 44 44repealing andsection44section by
substituting for it the following-44. The -Regional'Access to
Commissioner mayrecords
anyin writingauthorise
person to have access to the
records of an authority and a
person so authorized shall at
all reasonable times have
access to and be entitled to
of Local!
Government
authorities
...
No. 6 Local Government Laws (Miscellaneous Amendments) 1999 127
inspect all books of
accounts and records of the
authority and may advise the
authority on the matters
contained in them and submit
a report to the Regional
Commissioner in connection
with the records''
Amendment Section 45 of the principal Act is83.of section 45 *amended in:-
(a) by deleting subsection (2) and
substituting for it the
following subsection:
The accounts, of a
township authority shallsuchbe audited by
auditor as may be
appointed in that behalf
"(2)
128 No. 6 Local Government Laws (Miscellaneous Amendments) 1999
by the Minister, or by a
public officer or local
authority authorized by
the Minister.";
(b) by deleting subsection (3)and substituting for it thefollowing subsection:
''(3) The accounts of
a village council shall
be audited by such
public officer or.
organisations as the
district council or as
the case may urban
council may in writing
direct''.
Section 64 of the principal Act is84.Amendmentof section 64
amended by deleting the words ''two thousand''
Local Governments Laws (Miscellaneous Amendments)No. 6 1999 129
"'fiftyand substituting for them the words
thousand''.
PART V
AMENDMENT OF THE LOCAL
GOVERNMENT SERVICE ACT, 1982
85.-(I) This Part shall be read as one withConstructionA tNo.10 the Local Government Service Act in, this partof 1982
referred to as ''the principal Act.''This part shall come into operation(2)
on such dates as the Minister may, by notice in
the Gazette appoint subject to subsection (3).
(3) The Minister may in exercising the
powers under subsection (2) appoint different.
dates of commencement for different provisions
in relation to such local government authorities
inas may be specified '., the notice.
130 No. 6 Local Government Laws (Miscellaneous Amendments) 1999
The Principal Act is amended by86.Addition ofsection 20A
after section 20 theimmediatelyaddingfollowing section:
20A The MinisterC 6 code of
may by regulationsconductpublished' in the Gazette,
prescribe the code of conduct
for employees of the local
government authorities.
The principal Act is amended by87.Addition ofsection 33A
theafter section. 33immediatelyadding
following section:
33A.-(I) Notwithstanding -
the provisions of this Act,
every specified local
government authority may
subject to subsections (2) and
(3) appoint, remunerate,
Power to
No. 6 Local Government Laws (Miscellaneous Amendments) 1999 131
Promote, develop, discipline
and dismiss its own
employees.
(2) The Minister shall, by
regulation published in the.
prescribeGazette theandprocedure manner in
which specified localgovernment authoritiesreferred to in subsection (1)
shall appoint remunerate,
promote-, develop, discipline
and dismiss
employeescategories of
as may be
prescribed by the Minister.
(3) The specified local
government authorities shall,
for all matters regardingemployment an&policies
Local Government Laws (Miscellaneous Amendments)No. 6132 1999
scheme of service, be guided
governmentlocalthebycommissionservice
established under this Act''
PART VI
AMENDMENT OF LOCAL GOVERNMENT
NEGOTIATING MACHINERY ACT, 198288. This Part shall be read as one with Construction
Act No. I Ithe Local Government Negotiating Machinery of 1982Act, 1982, in this Part referred to as ''theprincipal Act.
Section 4 of the principal Act is Amendmentof section 4
89.
amended by deleting the definition ''trade union''
and substituting for it the following definition.
union'' any registeredmeans'''tradeworkers union whose members areemployees governmentof a localauthority.''
90. Section 5 of the principal Act is Amendmentof section 5amended by deleting the acronym ''OTTU'' and
wherever the acronym appears in the Act andsubstituting for it the phrase any LocalC 4
government workers union or unions as may bedetermined by the Minister".
No. 6 1999 133Local Government Laws (Miscellaneous Amendments)
PART VII
AMENDMENT OF THE REGIONAL
ADMINISTRATION ACT, 1997Construction 91. This Part shall be read as. one with -theAct No. 19
Regional Administration Act, 1997, in this Partof 1997referred to as ''the Principal Act.
Amendment 92. Section 3 of the principal Act isof section 3
amended in section 3 by deleting the definition
''Minister'' and substituting for it the following
definition:Minister'' means the Ministerresponsible for regional administration andlocal government. 15
Amendment 93. Section 20 of the principal Act isof section 20
amended in subsection (2) by deleting the word''Secretariat'' and substituting for it the word''Secretary''.
134 No. 6 1999Local Government Laws (Miscellaneous Amendments)
PART VIII
AMENDMENT OF THE URBAN
AUTHORITIES (RATING) ACT, 1983
This Part shall be read as oneConstruction 94. -(I)Act No. 2
with the Urban Authorities (Rating) Act. 1,983, in1983
this Part referred to as ''the Principal Act. 55
This part shall come into operation(2)
on such dates as the Minister may, by notice in
the Gazette appoint subject to subsection (3).
The Minister may in exercising the(3)
powers under subsection (2) appoint different
dates of commencement for different provisions
in relation to such local government authorities
as may be specified in the notice.
Section 2 of the principal Act is95.Amendmentsection 2
(2)subsection anddeletingamended by
substituting for it the following:
No. 6 1999 135Local Government Laws (Miscellaneous, Amendments)
The council may exempt any part ofarea of its jurisdictionthe from the
application of all or any of the provisions
of this Act. 95
Amendment 96. Section 4 of the-Principal Act isof section 4
deletingamended by subsection and(1)
substituting for it the following:"(1) The local government authority of
the higher level shall subject to this Act
appoint a valuation surveyor who shall be
responsible for the preparation of a roll or
supplementary roll for all the rating
authorities within its area of jurisdiction.''
9.7. Section 5 of the principal Act is
amended in the last sentence of subsection (2) bywordsthe "two Andthousand''deleting
substituting for them the words ''fifty thousand".
137
"(2)
1999Local Government Laws (Miscellaneous Amendments)136 No. 6
Amendment 98. Section 7 of the principal Act isof section 7
amended-
(a) in item (ix) by deleting of the item
and substituting for it the following:
'' (ix) such other property as
the urban authority mayprescribe''
(b) by deleting subsection (2).
Amendment 99. Section 8 of the principal Act isof section 8
amended by adding immediately after subsection(3) the following, subsection:
Notwithstanding subsections (1) and(3) of this section, the rating authority
may, where it deems it necessary ortheexpedient, require owner of the
rateable property to furnish the authority
with the value of the property.
138
"(4)
137 NO. 6 Local Government Laws (Miscellaneous Amendments) 1999
I00. Section 13 of the principal Act isAmendmentof section 13
amended by adding immediately after subsection
(2) the following subsections:
"(3) A person who has lodged an
objection under subsection (1) may, at any
time before the date fixed for hearing by
the tribunal, withdraw his objection.
(4) The withdrawal of objection under
in theshall be madesubsection (3)
prescribed form. 15
101. Section 1-6 of the principal Act isAmendmentof section 16
anddeleting (2)amended subsectionby
substituting for it the following subsection:
''(2) The rates levied under this
section shall be distributed among
various levels of local government
authorities in accordance with the
regulations made by the Minister
Local Government Laws (Miscellaneous Amendments)No. 6 1999
under the provisions of the Local
Government Finances Act, 1982,Act No.9
regarding the distribution of sourcesof 1982
of revenue.
102. Section 23 of the principal Act isAmendmentof section 23 amended-
and(1)deleting subsection(a) by
substituting for it the following:
23.(I) NotwithstandingC 4Exemption
any other provisions ofand
this Act, the ratingremission
authority may reduce orof rates
remit any rate levied on
any rateable property..
after(b) by immediatelyaddingsubsection (1) the following:
The rating authority"(2)
shall in making the remission
140
1999139 No. 6 Local Government Laws (Miscellaneous Amendments)
or reduction under subsection
(1) ensure that there are other
revenueofsources to
the revenuecompensate for
of remitted or reduced levy
and the remission or reduction
is reported to the Regional
Commissioner and copied to
the external auditor. ,) I
(c) in subsection (4) by deleting thethousand''words ''two and
substituting for them the words ''fifty
thousand'';
(d) by renumbering subsections (2) as
(3), (3) as (4) and (4) as (5).Amendment 103. Section 26 of the principal Act isof section 26
amended in subsection (2) by deleting the phrase
upon the resolution of the rating authority in
that beha