Tanzania
Executive Agencies Act
Chapter 245
- Published in Tanzania Government Gazette
- Commenced on 11 December 1997
- [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 Executive Agencies Act.2. Interpretation
In this Act, unless the context requires otherwise—"chief executive" means the chief executive, however designated, of an executive agency;"department" in relation to a Ministry of the Government, includes any division or unit, by whatever name called, of that Ministry;"Executive Agency" or "Agency" means an Executive Agency established under this Act;"financial year" means, in respect of the first accounting period of an Executive Agency, a period starting from the date of the establishment of the Executive Agency concerned and ending on the 30th June of the following year, and for any subsequent accounting period, the period of twelve months ending on the 30th June;"Minister" in relation to an Executive Agency, means the Minister responsible for the department in respect of which that Agency is established;"Ministerial Advisory Board" means an Advisory Board constituted under section 6;"Permanent Secretary" in relation to an Executive Agency, means the Permanent Secretary of the Ministry under which the Agency is established;"special fund" means a special fund established by an Order made under section 12 of the Public Finance Act 1 in respect of an Executive Agency.Part II – Power to establish Executive Agencies, their functions and operational principles (ss. 3-4)
3. Power of Ministers to establish Executive Agencies
4. Functions of Executive Agencies and operational principles
Part III – Role of Permanent Secretaries (s. 5)
5. Role of Permanent Secretaries
Part IV – Ministerial Advisory Boards (ss. 6-8)
6. Ministerial Advisory Boards
7. Functions of Ministerial Advisory Boards
The function of a Ministerial Advisory Board is to advise the Minister on the following:8. Meetings and procedure of Advisory Boards
An Advisory Board shall hold its meetings as often as the Chairman may determine, but not less than twice in each financial year, and without prejudice to the power of the Minister responsible for the Public Service to make rules for the conduct of its meetings, it shall determine its own procedure.Part V – Chief Executive and employees (ss. 9-11)
9. Appointment and tenure of Chief Executive and employees
10. Appointment of employees
11. Exemption from personal liability
An employee of an Executive Agency shall not, in his personal capacity, be liable in civil or criminal proceedings in respect of any act or omission done or made in good faith in the performance of his functions.Part VI – Financial and related matters (ss. 12-16)
12. Funds of an Executive Agency
13. Borrowing, etc., subject to Minister's approval
An Executive Agency may borrow money or acquire or dispose of immovable property only with the approval of the Minister responsible for finance and upon such terms and conditions as the Minister may approve, either generally or in any particular case.[s. 12A]14. Estimates of income and expenditure and financial control
15. Accounts and audit
16. Annual reports and performance agreements
Part VII – Miscellaneous provisions (ss. 17-18)
17. Vesting of property
All movable and immovable property, except any such property as the Minister may determine which immediately before the commencement of this Act is vested in the Government for the use of the department in relation to which an Executive Agency is established shall, on the date of commencement of an Order made under subsection (3) of section 3 and without further assurance, vest in the Agency subject to all interests, liabilities, charges, obligations and trusts affecting that property.[s. 16]18. Regulations
The Minister responsible for the public service may make regulations for the carrying out of the purposes of this Act.[s. 17]History of this document
31 July 2002 this version
Consolidation
11 December 1997
Commenced
Subsidiary legislation
Title | Numbered title |
---|---|
Executive Agencies (Conciliation and Arbitration) Regulations, 1999 | Government Notice 76 of 1999 |
Executive Agencies (Finance, Procurement and Stores) Regulations, 1999 | Government Notice 77 of 1999 |
Executive Agencies (Government Chemist Laboratory) (Establishment) Order, 2000 | Government Notice 106 of 2000 |
Executive Agencies (Ministerial Advisory Boards) Rules, 1999 | Government Notice 74 of 1999 |
Executive Agencies (Personnel Management) Regulations, 1999 | Government Notice 75 of 1999 |
Executive Agencies (Tanzania Airports Authority) (Establishment) Order, 1999 | Government Notice 404 of 1999 |
Executive Agencies (Tanzania Civil Aviation Authority) (Establishment) Order, 1999 | Government Notice 135 of 1999 |
Executive Agencies (Tanzania Meteorological Agency) (Establishment) Order, 1999 | Government Notice 405 of 1999 |
Cited documents 2
Legislation 2
1. | Government Proceedings Act | 460 citations |
2. | Public Finance Act | 18 citations |
Documents citing this one 42
Judgment 29
Legislation 10
Gazette 3
1. | Tanzania Government Gazette dated 2013-01-18 number 3 | |
2. | Tanzania Government Gazette dated 2016-04-15 number 16 | |
3. | Tanzania Government Gazette dated 2016-10-21 number 44 |