Tanzania
Affiliation Act
Chapter 278
- Published in Tanzania Government Gazette
- Commenced on 15 July 1949
- [This is the version of this document at 31 July 2002.]
- [Note: This legislation has been thoroughly revised and consolidated under the supervision of the Attorney General's Office, in compliance with the Laws Revision Act No. 7 of 1994, the Revised Laws and Annual Revision Act (Chapter 356 (R.L.)), and the Interpretation of Laws and General Clauses Act No. 30 of 1972. This version is up-to-date as at 31st July 2002.]
1. Short title
This Act may be cited as the Affiliation Act.2. Interpretation
In this Act unless the context otherwise requires—"child" means a child born out of wedlock;"custodian" means a person, other than the mother or putative father of a child, who is appointed to have its custody under the provisions of this Act;"magistrate" means a district magistrate;"unmarried woman" includes a married woman who is living apart from her husband and a widow.3. Putative father to be summoned on application of mother
Any unmarried woman who may be with child or who may be delivered of a child may—4. Conditions of issue of summons
A magistrate shall refuse to issue a summons under section 3 of this Act unless he is satisfied that there is reasonable cause to believe that—5. Order of maintenance, enforcement and variation of the order and distress
6. Discharge of orders on marriage, etc.
Where, after the sixth day of March, 1964 11 an order is made under this Act for payments in respect of a child, the putative father may apply to a magistrate for the discharge of the order on the grounds that, since the date on which the order was made—7. Time of cessation of order
No order for the maintenance and education or for contribution towards the relief of any child made in pursuance of this Act shall, except for the purpose of recovering money previously due under such order, be of any force or validity after the child in respect of whom it was made has attained the age of sixteen years, or after the death of the child:Provided that a magistrate may, if good cause is shown, order that payments shall cease on the child attaining the age of fourteen years.8. Money to be paid to mother or custodian
All moneys payable under any order shall be due and payable to the mother of the child unless a custodian has been appointed, in which case all the moneys shall be due and payable to that custodian:Provided that a magistrate when making an order may order that the money shall be paid into court and then paid to the mother or custodian in any a manner and subject to such conditions which he may direct.9. Application, appointment, claims of custodian of child, etc.
10. Neglect and desertion of child
Every woman neglecting to maintain her child, being able wholly or in part so to do, or deserting her child, shall on conviction, be liable to a fine not exceeding two hundred shillings or to imprisonment for one month or to both the fine and imprisonment.11. Misapplying moneys or ill-treating a child
Every person who having the custody of a child under any order made under this Act, misapplies moneys paid by the putative father for the support of such child, or who withholds proper nourishment from the child, or who in any manner ill-treats the child shall on conviction be liable to a fine not exceeding two hundred shillings or to imprisonment for one month or to both the fine and imprisonment.12. Appeal against order
Any order made under this Act may be appealed against either by the mother or custodian of the child or by the putative father in the same manner as any order made by a magistrate under and subject to the provisions of the Criminal Procedure Act 2, and the magistrate at the time when that order is made shall inform any person so entitled to appeal, of his right of appeal under this section, and the time within which he is required to give notice of the appeal and to lodge a petition of appeal.13. Forms and procedure
Save in the case of appeals, the forms to be used and the procedure to be followed in any proceedings (except for offences) under the Act shall be as nearly as practicable as in ordinary civil cases before subordinate courts.14. Exclusion of public and prohibition of reports
15. Power to make rules
The High Court shall make rules prescribing the fees and costs payable in any proceedings or on committal to prison under this Act and those rules shall include provision for the remission of the fees and costs when the person liable to pay those fees and costs has no means to do so.16. Election between remedies under Act and remedies under customary law
History of this document
31 July 2002 this version
Consolidation
15 July 1949
Commenced