Related documents
- Is amended by Arbitration Act, 2020
Tanzania
Public Private Partnership Act
Chapter 103
- Commenced on 26 May 2011
- [This is the version of this document as it was at 30 November 2019 to 17 January 2021.]
- [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
1. Short title
This Act may be cited as the Public Private Partnership Act.2. Application
This Act shall apply to Mainland Tanzania in respect of projects undertaken in partnership between the public sector and private sector.3. Interpretation
In this Act, unless the context otherwise requires:"accounting officer" means a Permanent Secretary or a Chief Executive of a Contracting authority and includes account in g officers of a local government authority;"affordable" in relation to an agreement, means that the contracting party shall meet any financial commitment to be incurred in relation to that agreement;"agreement" means a public private partnership agreement entered into in terms of this Act;"asset" includes an existing asset of a relevant Contracting authority or a new asset to be acquired for the purposes of entering into an agreement;"contingent liability" means a legal or contractual obligation to make payment depending on the outcome of uncertain future event arising from project transaction including all other contingent liabilities that may be borne by the Government in relation to or associated with public private partnership projects;"contracting authority" means any Ministry, government department or agency, local government authority, public or statutory corporation;"Executive Director" means the Executive Director for the PPP Centre appointed under section 6;"Facilitation Fund" means the Public Private Partnership Facilitation Fund established under section 10A;"local government authorities" shall have the meaning ascribed to it under the Local Government (District Authorities) Act and the Local Government (Urban Authorities Act);[Cap. 287; Cap. 288]"Minister" means the Minister responsible for public private partnership;"Ministry" means the Ministry responsible for public private partnership;"PPP agreement" means a written contract defining terms of the public private partnership agreement concluded between a contracting authority and one or more private parties;"PPP Centre" means the Public Private Partnership Centre established under section 4;"private party" in relation to an agreement, means a party to the agreement other than a Contracting authority;"project" means a project or service to be implemented under an agreement entered into under this Act;"private sector" means a sector other than a public sector including non-profit making non-governmental organisations;"public private partnership" or known in its acronym as "PPP" means a contractual arrangement between a contracting authority and a private party in which the private party—(a)undertakes to perform for contracting authority function on behalf of the contracting authority for a specified period;(b)assumes substantial financial, technical and operation risks in connection with the performance on behalf of the contracting authority function or use of government property; or(c)receives a benefit for performing on behalf of contracting authority function or from utilizing the public property, either by way of:(i)consideration to be paid by the contracting authority which derives from a revenue fund, or where the contracting authority is a central government or local government authority, from revenues of such authority;(ii)charges or fees to be collected by a private party or its agent from users or customers; or(iii)a combination of such consideration and such charges or fees;"Public Private Partnership Steering Committee" means the Private Public Partnership Steering Committee established under section 7;"public sector" means a government ministry, department or agency, local government authority and any other person acting on behalf of the government ministry, department or agency or local government authority;"request for proposals" means the specific terms of the project requirement, the procedures for submission of bids, the criteria for the evaluation of bids and includes a model agreement;"sector Ministry" means a ministry responsible for the Contracting authority;"small scale PPP project" means a PPP project approved under this Act of an amount not exceeding twenty million US dollars.[Acts Nos. 3 of 2014 s. 2; 9 of 2018 s. 2]Part II – Establishment and administration of the PPP Centre
4. PPP Centre
5. Functions of PPP Centre
6. Executive Director
7. Public Private Partnership Steering Committee
7A. Functions of Public Private Partnership Steering Committee
7B. Public funding and other support of PPP project
7C. Powers of Minister generally
Part III – Participation of the public and private party
8. Roles of public and private sector
9. Responsibilities of contracting authority
10. Feasibility Study
10A. Facilitation Fund
10B. Sources of funds
10C. Books of accounts, records and annual reports
11. Agreement
12. Land acquisition
Where the project requires acquisition of land for its implementation, the acquisition shall be carried out in accordance with the Land Act, the Village Land Act, the Land Use Planning Act, the Land Acquisition Act and any other relevant laws.[Cap 113; Cap 114; Cap 116; Cap 118]13. Duration and extension of agreement
14. Vetting of agreements
Every agreement intended to be entered into under this Act shall be submitted to the Office of the Attorney General for a legal opinion.15. Procurement process
16. Unsolicited bids
17. Project officers
18. Signing of Agreements
19. Responsibilities of accounting officers
The accounting officer who has entered into an agreement shall in addition to any other responsibilities under this Act, take all necessary and reasonable steps to ensure that:20. Amendment of agreements
Subject to section 7B, an agreement may be reviewed and amended by parties if the review or amendment is consented to by the Public Private Partnership Steering Committee and vetted by the Attorney General.[Act No. 9 of 2018 s. 13]21. Enjoyment of benefits
22. Dispute resolutions
Any dispute arising during the course of the agreement shall—Part IV – Miscellaneous provisions
23. Monitoring and evaluation
23A. Periodic performance reports
24. Conflict of interest
25. Empowerment of citizens
Public private partnerships agreements shall endeavour to provide opportunity for empowerment of the citizens of Tanzania as provided for under the National Economic Empowerment Act.[Cap. 386]25A. Projects relating to natural wealth and resources
The public private partnership project that relates to natural wealth and resources shall take into account the provisions of the Natural Wealth and Resources (Permanent Sovereignty) Act and the Natural Wealth and Resources Contracts (Review and ReNegotiation of Unconscionable Terms) Act.[Acts Nos. 5 of 2017; 6 of 2017; 9 of 2018 s. 16]26. Duty to take care and exercise due diligence
Every public officer performing any functions, discharging any duty or exercising any power under this Act or any other written law related to a public private partnership shall be under the obligation to take reasonable care and exercise due diligence in the performance of the functions and discharge of duties and exercise of powers in accordance with the provisions of this Act and any other relevant laws.27. General penalty
Any person who commits an offence under this Act to which no specific penalty is prescribed shall be liable to a fine not less than five million shillings and not exceeding fifty million shillings or to imprisonment for a term of not less than three months and not exceeding three years or both.[Act No. 9 of 2018 s. 16]28. Regulations
29. Saving provisions
All existing agreements or memoranda of understanding entered into by any contracting authority with the private party before the commencement of this Act, shall not be affected by the coming into force of this Act.History of this document
18 January 2021 amendment not yet applied
Amended by
Arbitration Act, 2020
30 November 2019 this version
Consolidation
26 May 2011
Commenced
Cited documents 0
Documents citing this one 1
Judgment 1
1. | Oysterbay Villas Ltd vs Kinondoni Municipal Council (Commercial Case 88 of 2011) [2019] TZHCComD 124 (8 February 2019) |