Tanzania
Opticians Act
Chapter 23
- Published in Tanzania Government Gazette
- Commenced on 1 May 1966
- [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.]
Part I – Preliminary provisions (ss. 1-2)
1. Short title
This Act may be cited as the Opticians Act.2. Interpretation
In this Act, unless the context otherwise requires—"Council" means the Optical Council of Tanzania established under section 3;"dispensing optician" means a person engaged or proposing to engage in the fitting and supply of optical appliances;"enrolled body corporate" means a body corporate which is enrolled in the list of bodies corporate, carrying on business as ophthalmic or dispensing opticians;"Minister" means the Minister responsible for matters relating to health and hospital services;"ophthalmic optician" means a person engaged or proposing to engage in the testing of sight (otherwise than as a registered medical practitioner or a person following a course of study leading to obtaining a recognised qualification), whether or not he is also engaged or proposing to engage in the fitting and supply of optical appliances;"optical appliance" means an appliance designed to correct, remedy or relieve a defect of sight;"register" means a register of ophthalmic opticians or of dispensing opticians kept under the provisions of section 5;"registered optician" means any optician registered under this Act;"Registrar" means the Registrar of the Optical Council of Tanzania, appointed under section 4.Part II – The Optical Council (s. 3)
3. Establishment of the Optical Council of Tanzania
Part III – Registration (ss. 4-12)
4. Appointment of Registrar
The Minister shall appoint a Registrar of the Optical Council of Tanzania, and he shall hold and vacate office in accordance with the terms of his appointment.5. Registers of ophthalmic and dispensing opticians
The Registrar shall, subject to the directions of the Council, maintain—6. Qualifications for registration of opticians
7. List of corporate bodies
The Registrar shall, subject to the directions of the Council, maintain a list of bodies corporate carrying on business as ophthalmic opticians or dispensing opticians, each containing the names, principal places of business and such other particulars as may be prescribed under the provisions of this Act.8. Qualifications for enrolment of corporate bodies
A body corporate of which either—9. Publication of registers and lists
10. Publication prima facie evidence of registration or enrolment
11. Appeal against refusal to register
Where the Council have refused to grant an application for registration under section 6, the Minister may, on representations being made to him, if he thinks fit, after considering the representations and after communicating with the Council, order the Council to grant the application.12. Registration of higher qualifications
Every person registered under this Act who has obtained any higher degree or qualification than the qualification in respect of which he has been registered shall be entitled to have such higher degree or additional qualifications inserted in the register in substitution for or in addition to the qualification previously registered, without payment of any further fee.Part IV – Disciplinary proceedings (ss. 13-19)
13. Establishment of Disciplinary Committee
14. Procedure for disciplinary proceedings
15. Disobedience of summons and refusal to give evidence
If any person upon whom a summons issued under the provisions of section 14 has been served, refuses or omits without sufficient cause to attend at the time and place mentioned in the summons, or refuses without sufficient cause to answer fully and satisfactorily to the best of his knowledge and belief all questions put to him by or with the concurrence of the Disciplinary Committee, or refuses or omits without sufficient cause to produce any documents in his possession or under his control which are mentioned in the summons, he shall be liable on conviction to a fine not exceeding one thousand shillings:Provided that every person giving evidence before the Disciplinary Committee shall, in respect of any evidence given by him or any document produced by him, be entitled to all privileges to which he would be entitled as a witness before the High Court.16. Erasure from the register and list for crime, infamous conduct, etc.
17. Restoration of names erased as a result of disciplinary cases, etc.
18. Erasure from register and list on grounds of fraud or error
19. Appeals in disciplinary and other cases
Part V – Disciplinary proceedings (ss. 20-27)
20. Restriction on practice by non-registered persons
21. Penalty for pretending to be registered, etc.
22. Provisions as to death or bankruptcy of registered optician
23. Restriction on sale and supply of optical appliances
24. Offences by bodies corporate
Where an offence under this Act which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person purporting to act in any such capacity, he, as well as the body corporate, shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.25. High Court may make rules
The High Court may make rules of court for regulating appeals to the High Court under the provisions of this Act and for the fees to be paid in respect thereof, and until any such rules are made and subject to any such rules when made, the provisions of the Civil Procedure Code 2 shall apply as if a decision of the Disciplinary Committee were a decree of a court exercising original jurisdiction.26. General power to make rules
Subject to the provisions of section 25, the Minister may make rules generally for the better carrying out of the provisions of this Act, and any such rules may, without prejudice to the generality of the foregoing, provide for—27. Transitional provisions
[Transitional provisions.]History of this document
31 July 2002 this version
Consolidation
01 May 1966
Commenced