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Resettlement of Offenders Regulations, 1969

Government Notice 133 of 1969

Resettlement of Offenders Regulations, 1969
Citation
Government Notice 133 of 1969
Primary work
Resettlement of Offenders Act
Date
31 July 2002
Language
English
Type
Government Notice
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Tanzania
Resettlement of Offenders Act

Resettlement of Offenders Regulations, 1969

Government Notice 133 of 1969

  • Published in Tanzania Government Gazette
  • Commenced
  • [This is the version of this document at 31 July 2002.]
  • [Note: This legislation was revised and consolidated as at 31 July 2002 and 30 November 2019 by 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. All subsequent amendments have been researched and applied by Laws.Africa for TANZLII.]
[G.N.s Nos. 133 of 1969; 145 of 1969]

1. Citation

These Regulations may be cited as the Resettlement of Offenders Regulations.

2. Forms

The forms in the Schedule where applicable and where they are not applicable, forms of like character, with such variations as circumstances may require, shall be used.

3. Meals G.N. No. 145 of 1969

(1)Every settler shall be served with a minimum of three meals a day.
(2)The food supplied shall be wholesome in quality and prepared in a cleanly manner and with due regard to the religious custom of the settlers.
(3)The food supplied to settlers shall be in accordance with the dietary scales for the time being applicable to prisoners confined in a prison and prescribed under the provisions of the Prisons Act1.1Cap. 58
(4)The quality and quantity of the food supplied shall be tested daily by the officer-in-charge or by some person deputed to do so by him, and as often as possible by the medical officer in charge or the medical subordinate.
(5)Where a settler has been granted permission for his dependants to join him at the resettlement centre the settler shall be responsible for the supply of food to his dependants and in any such case if the settler expresses his desire to have his meals with his dependants he shall be entitled to receive from the officer-in-charge such quantity of uncooked food as may be necessary for his personal consumption or in lieu thereof such sum of money as may be sufficient to meet the cost of such quantity of uncooked food.

4. Labour

(1)Every settler shall be required to carry out such work at the centre as the officer-in-charge may direct.
(2)In allocating work to any settler the officer-in-charge shall have regard to any directions given by the medical officer in respect of the settler.
(3)Where the medical officer has directed that any settler shall not be required to do any physical labour, the settler shall be exempted from physical labour.

5. Facilities for the practice of religion

The officer-in-charge shall accord every settler reasonable facilities to practise his religion.

6. Visitors

(1)The officer-in-charge shall permit settlers to receive visitors at least once a week.
(2)No visitor shall unless otherwise authorised by the officer-in-charge, be entitled to remain within the precincts of the resettlement centre for more than two hours or at any time between 6 p.m. on any day and 7 a.m. the following day.
(3)A visitor shall be entitled to bring gifts for a settler.
(4)Notwithstanding subregulation (3) the officer-in-charge may refuse any visitor to introduce into the resettlement centre any article which, in the opinion of the officer-in-charge, is harmful or otherwise undesirable.

7. Letters

(1)A settler shall be entitled to receive and, at his own expense, to send out letters.
(2)Notwithstanding subregulation (1) every settler shall be entitled to send out not more than one letter per month at the expense of the United Republic.
(3)It shall be lawful for the officer-in-charge to read any letter received or sent out by a settler.
(4)No settler shall send out without the authority of the officer-in-charge any letter for publication in a newspaper or on the radio.

8. Housing G.N. No. 145 of 1969

(1)A settler shall be housed in such a manner as the officer-in-charge may determine.
(2)The number of settlers occupying any room shall be such as to avoid overcrowding, the minimum of thirty square feet being allowed per person, and due regard being had to the health of the settlers.
(3)A settler who has been permitted to have his spouse join him at the resettlement centre shall be given separate quarters for the residence by himself, his spouse and other dependants, if any.
(4)It shall be the duty of settlers and their dependants to keep all rooms, quarters and other premises occupied by them, clean.

9. Hair-cutting and shaving

(1)A settler shall not be compelled to have his hair cut or to be shaved, but such barbering facilities as may be necessary shall be made available to any settler who wishes to avail himself of the same.
(2)Notwithstanding subregulation (1) where the medical officer requires any settler to cut his hair or shave for reasons of health or well-being, the settler shall comply with that requirement.

10. Labour hours

(1)A settler shall not be required to work for hours more than nine hours a day, on a Sundays and on a public holiday.
(2)Notwithstanding subregulation (1) it shall be lawful for the officer-in-charge to require a settler on a Sunday and on a public holiday to clean his living quarters, utensils, furniture and other articles in use by the settler and also to participate in the preparation of food.

11. Register G.N. No. 145 of 1969

The officer-in-charge shall maintain a register of the settlers in the resettlement centre and shall enter therein the following particulars—
(a)the name of the settler;
(b)the date of the resettlement order;
(c)the date of the settler's arrival at the resettlement centre;
(d)the date of departure of the settler from the resettlement centre; and
(e)such other particulars as the officer-in-charge may consider relevant.

12. Illness

Where any settler becomes ill it shall be the duty of the officer-in-charge to report the illness to the medical officer and to place the settler under the treatment of the medical officer.

13. Leave of absence

(1)Where the officer-in-charge is satisfied that a settler's conduct at the resettlement centre has been satisfactory he may permit the settler to go on leave of absence for a period not exceeding seven days.
(2)No settler shall be permitted to go on leave of absence unless he has been a resident of the resettlement centre or some other resettlement centre for a continuous period of twelve months and not less than twelve months have elapsed since he was last permitted to go on leave of absence.
(3)In addition to the leave of absence provided for in subregulation (1) the officer-in-charge may, at his discretion, permit a settler to go on leave of absence for any reasonable excuse.

14. Residence of dependants

(1)The officer-in-charge may permit a settler to have his spouse and other dependants to reside with him at the resettlement centre.
(2)In exercising his discretion under this regulation the officer shall have regard to—
(a)the conduct of the settler; and
(b)the availability of accommodation.

15. Dependant may be expelled

Where the officer-in-charge is of the opinion that the spouse or a dependant of any settler has so misconducted himself that it is not desirable to permit such spouse or dependant to reside at the centre, he may expel the spouse or the dependant from the centre.

16. Leave without permission

No settler shall, without the permission of the officer-in-charge, leave the precincts of the centre.

17. Offences

(1)Any person who—
(a)within the precincts of a resettlement centre behaves in an indecent or obscene manner;
(b)having been ordered by the officer-in-charge to vacate the precincts of the centre, disobeys such order;
(c)having been ordered by the officer-in-charge or any other person acting on his behalf not to introduce any article into the resettlement centre, disobeys such order;
(d)introduces into a resettlement centre any article which the officer-in-charge has declared to be undesirable;
(e)being a settler, refuses to do any work or participate in any activity when required so to do by the officer-in-charge or any other officer deputed by the officer-in-charge;
(f)being a settler, leaves the precincts of the resettlement centre without the authority of the officer-in-charge; or
(g)being a settler, fails to report at the resettlement centre upon the expiry of his leave of absence,
commits an offence and is be liable upon conviction to imprisonment for a term not exceeding six months.
(2)Any person who commits an offence under this regulation may be arrested without a warrant by the officer-in-charge or an assistant officer-in-charge.

18. Appeals G.N. No. 145 of 1969

Where any settler who has applied for permission for any of his dependants to join him at the resettlement centre is refused such permission, or where any dependant residing with any settler at a resettlement centre is expelled from the centre by the officer-in-charge under the provisions of regulation 15, the person aggrieved by such refusal or expulsion, as the case may be, may, within thirty days thereof, appeal to the Minister and the decision of the Minister on any such appeal shall be final and binding.

Schedule (Sections 4 and 8)

Forms

Form 1 – Resettlement order

Resettlement of offenders Act (Cap. 71)

Whereas ____________________(name of person against whom order is made) has been convicted of ________________ /or has been deported under the Deportation Act Cap. 379 or is a person against whom an order under section 8 of the Witchcraft Act Cap. 18 was made on __________________ day of __________________, 20__It is hereby ordered that the said ____________________ be resettled at the ________________ Resettlement Centre.The person against whom this order is made shall travel to the Resettlement Centre aforesaid in the following manner:____________________________________This order shall take effect on the ______________________ day of ______________, 20__Date __________________Minister of Home Affairs __________________

Form 2 – Application for warrant of arrest (Section 11)

Resettlement of offenders Act (Cap. 71)

In the Court of the Resident Magistrate of __________________ at __________________Whereas a Resettlement Order has been made in respect of __________________ of __________________ to take effect from __________________ requiring the said __________________ to be resettled at the __________________ Resettlement Centre:And whereas I am of the opinion that the said __________________ may not comply with the said Resettlement Order:I hereby apply that a warrant be issued for the arrest of the said __________________ and for his detention in custody pending his transportation to the said __________________ Resettlement Centre.Dated at __________________ this __________________ day of ____________, 20____Date __________________Minister of Home Affairs __________________

Form 3 – Recommendation for a resettlement order (Section 5)

Resettlement of offenders Act (Cap. 71)

To:The Minister for Home Affairs,Box 9223,Dar es Salaam.Under the authority of Section 5(1) of the Resettlement of Offenders Act, I __________________ the Commissioner for Social Welfare, hereby recommend that a Resettlement Order be made in respect of __________________ who has been convicted of the following offence which is punishable with imprisonment for a term of two years or more __________________Date __________________Commissioner for Social Welfare __________________

Form 4 – Request for review of a resettlement order

Resettlement of offenders Act (Cap. 71)

To:The Minister for Home Affairs,Box 9223,Dar es Salaam.Under the authority of section 15(b) of the Resettlement of Offenders Act, I __________________ the Commissioner for Social Welfare, hereby request that the Resettlement Order made in respect of __________________ on the ____________ day of ______, 20____ be reviewed.Date __________________Commissioner for Social Welfare __________________

Form 5 – Certificate as to leave of absence

Hati ya ruksa mwenye hati hii ni

Jina __________________ Bin __________________Anayeishi katika makazi ya __________________ Resettlement Centre kwa amri Na. __________________ ya tarehe __________________ ya Waziri wa Mambo ya Ndani AMEPEWA RUKSA YA SIKU (Tarakimu na herufi) __________________ kuanzia tarehe __________________ kwenda __________________ (taja kijiji au mji)Anatakiwa kurudi hapa tarehe __________________Sahihi __________________Imetolewa na Mkuu wa Makazi ya __________________Chini ya kanuni ya 13 na kifungu cha18 Resettlement of Offenders Act.Ilani. Hati hii haiwezi kubadilishwa na mutu mwingine. Kuchelewa kurudi katika makazi tarehe iliyotajwa hapo juu ni kosa chini ya Kanuni ya 17 na mkosaji atakamatwa na kushtakiwa.

Form 6 – Transfer of settlers

Resettlement of offenders Act (Cap. 71)

Whereas by an order dated the __________________ day of __________ 20______I ordered and directed by virtue of section ________ of the Resettlement of Offenders Act, that __________________ be resettled at __________________ Resettlement Centre.And whereas I am minded to authorise the transfer of the said person to another resettlement centre for the following reason(s), that is to say __________________Now therefore I authorise the Commissioner of Prisons to direct the officer-in-charge at __________________ Resettlement Centre to transfer the said person to __________________ Resettlement Centre.Dated this ________ day of ____ 20______Minister of Home Affairs __________________c.c. The Officer-in-charge__________________
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History of this document

31 July 2002 this version
Consolidation