1984-007 interpretation of laws and general provisions

8/2/2019 1984-007 Interpretation of Laws and General Provisions

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ACT NO. 7 OF 1984INTERPRETATION OF LAWS AND GENERAL PROVISIONS

ARRANGEMENT OF SECTIONS

SECTION: PART IPRELIMINARY1. Short title.2. Application.3. Commencement.

PART IIDEFINITIONS4. Construction of various words and expressions.

PART IIIRULES OF CONSTRUCTION5. Law always speaking.6. Enactments deemed remedial.7. Existing laws to continue with such modifications etc. until repealed or

amended.8. Former names to be construed accordingly.9. Preamble.10.Long title and short title.11.Marginal notes and references to former enactment.12.Gender and number.13.Application of interpretation provisions.14.Words in regulations.15.Reference to distance.16.Parts of speech and grammatical form.

PART IVAPPLICATION OF UNION ACTS TO ZANZIBAR17.Union Acts.18.Subsidiary legislations.

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PART VPROVISION RELATING TO ACTS19.Acts to be public Acts and judicially noticed.20.Section to be substantive enactments.

21.Citation of enactment.22.Territorial operation.23.Commencement date of an Act.24.Expiring date of an Act.25.Implied power to amend.26.Repeal of repeal.27.Effect of repeal and general savings.28.Effect of repeal of Act on subsidiary legislation.29.Act may be altered or repealed in same session.30.Construction of amending Act with amended Act.31.Reprint of amended Act.32.Reference to amended written law.33.Cross references where written law re-enacted or revised.34.References to an Act include subsidiary legislation.35.Exercise of Statutory power between passing and commencement of Act.

PART VIPROVISIONS RELATING TOSUBSIDIARY LEGISLATION36.Publication of subsidiary legislation.

37.Commencement of subsidiary legislation.38.Retrospective operation of subsidiary legislation.39.Construction of subsidiary legislation.40.Acts done on subsidiary legislation deemed done under enabling Act.41.Citation of subsidiary legislation.42.Provisions with respect to power to make subsidiary legislation.43.Fee.

PART VIICOMPUTATION OF TIME44.Time.45.Computation of time.46.Where no time is prescribed.

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PART VIIIGENERAL PROVISIONS REGARDING LEGALPROCEEDINGS AND PENALTIES47.Evidence of signature of President, Minister or Attorney General to consent.

48.Ex-officio proceedings not to abate on death etc.49.Imposition of penalty no bar to civil action.50.Provisions as to offences under two or more laws.51.Amendment of penalty.52.Penalties prescribed shall be maximum penalties, but may be cumulative.53.Disposal of forfeits.54.Disposal of fines and penalties.55.Provision as to attempts.56.Where offence is committed by body corporate.57.Liability of employer or principal.

PART IXDEMISE OF PRESIDENT APPOINTMENT,RETIREMENT AND POWERS OFFICERS58.Demise of President.59.Powers of Interim president to dismiss and suspend.60.Public officers to hold office during pleasure.61.Remuneration.62.Commencement of appointment or retirements.63. Implied powers respecting President and other public officers.

64.Powers of President to rescind order.

PART XMISCELLANEOUS65.Rectification of errors.66.Deviation from forms.67.Majorities.68.Power of board etc, not affected by vacancy.69.Savings of rights of Government.70.Act to bind Government.71.Repeal Cap. 1 and Decree 1/64.

ACT NO. 7 OF 1984

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I ASSENT

(ALI HASSAN MWINYI)PRESIDENT OF ZANZIBAR ANDCHAIRMAN OF THE REVOLUTIONARY COUNCIL1ST DECEMBER, 1984.

AN ACT TO REPEAL AND REPLACE THE INTERPRETATION DECREEAND TO MAKE PROVISIONS IN REGARD TO THE CONSTRUCTION,APPLICATION AND INTERPRETATION OF WRITTEN LAW TO MAKECERTAIN GENERAL PROVISIONS WITH REGARD TO SUCH LAWAND FOR OTHER MATTERS CONNECTED THEREWITH ANDINCIDENTAL THERETO-------------ENACTED by the House of Representatives of Zanzibar.

Short title.

Application.

Commencement.

PART IPRELIMINARY

1. This Act may be cited as the Interpretation of Laws

and General Provisions Act, 1984.

2.(1) The provisions of this Act shall apply to, and inrelation to every Act whether enacted before or after thecommencement of this Act.

(2) Notwithstanding the provisions of subsection (1) ofthis section, this Act shall not apply for the construction orinterpretation of the Constitution, which is not an Act for thepurpose of this Act.

(3) The provisions of this Act apply to theInterpretation of this Act.

3. This Act shall come into force immediately after theassent of the President.

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Construction of

various wordsand expressions.

PART IIDEFINITIONS

4. In this Act and in every other Act, and in all public

documents enacted, made, or issued before or after thecommencement of this Act, the following words andexpressions shall have the meanings assigned theretorespectively in this section unless it is therein otherwiseexpressly or by necessary implication otherwise provided:-

Act when used with reference to legislation:(a) in all legislations passed before January,

1980 means a Decree;

(b) in all legislations passed by the House of

Representatives from and after January,1980 means an Act of that House;

Act when used with references to an offence orcivil wrong, includes a series of acts, and wordswhich refer to acts done and extend to illegalcommissions;

Act of the Community means an Act of theCommunity enacted in accordance with Chapter

XVI of the Treaty and having the force of law inZanzibar and or in the United Republic and alsomeans an Act of the East African CommonServices Organisation and an Act of the HighCommission;

action means any civil proceedings in a court andincludes any suit under the Civil ProcedureDecree;

administrative officer means a regional, district orother administrative office of any gradewhatsoever;

advocate means a legally qualified person who isentitled to practice as an Advocate in the HighCourt or Courts surbodinate thereto or in thecourt of Appeal, as the case may be in

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accordance with the provisions of the law forthe time being applicable to advocate;

aircraft includes sea, flying boats, airships andaerial balloons;

applied law means:(a) any Indian or United Kingdom Act

applicable in Zanzibar;

(b) an Order in Council which for the time

being extends to and applies to Zanzibar;

(c) any Union Act which extends to and

applies to Zanzibar in accordance withthe provisions of Part IV of this Act;

(d) any other applied law which is applicablein Zanzibar.

Principal Secretary means a person appointed bythe President to be the Principal Secretary andreference in any Act to Permanent Secretary or

Assistant Minister shall be construed asreference to Principal Secretary.

Area Commissioner means a person appointed bythe President to be an Area Commissioner and

the Area Commissioner means the areacommissioner of the district concerned;

calendar month means period beginning on thefirst day of the month and expiring on the lastday of that month;

chapter, part, section, regulation, rule, andschedule denote respectively a chapter, part,section, regulation and rule of, and a section to,the written law in which the word occurs, and

subsection and paragraph denoterespectively a subsection of the section and aparagraph of the section or subsection,regulation and rule, in which the word occursand subparagraph denotes a subparagraph of a

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paragraph;

coin means any coin of any metal whetherprecious, semi precious or non precious which isfor the time being legal currency in Zanzibar;

common law means so much of the common law,including the doctrines of equity of England ashave effect for the time being in Zanzibar;

the commonwealth means collectively members ofthe commonwealth and any dependency of themembers of the commonwealth and memberof the commonwealth or commonwealthcountry means the United Republic of Tanzaniaand any other country which is a member of theCommonwealth;

the Community means the East African Communityestablished by the Treaty for East African Co-operation;

the Consolidated Fund means the ConsolidatedFund of Zanzibar established by theConstitution;

the Constitution means the Constitution ofZanzibar, and as may be amended from time totime;

Constitution of the United Republic means theConstitution of the United Republic of Tanzaniaand as may be amended from time to time;

Constitution of the Party means the Constitution ofChama cha Mapinduzi as may be amended fromtime to time;

Court means any court of Zanzibar of competentjurisdiction and includes Kadhis Courts;

the Court of Appeal means the court to which

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appeals lie from the High Court under laws ofZanzibar;

crown Agents means the persons or body for thetime being acting as Crown Agents for overseas

Governments and Administrations or any ofthem;

day time means the interval between six oclock inthe morning and half past six oclock in theevening;

definition means the interpretation given by anywritten law to any word or expression;

District means one of the Districts into whichZanzibar is divided in accordance with theConstitution;

the East African Authority means the East AfricanAuthority established by the Treaty for EastAfrican Co-operation;

export means to take out or to cause to be takenout of Zanzibar by air, land or water, otherwisethan in transit;

Foreign service officer means an officer employedby the Government or by the United Republic ofTanzania to hold or to act in an appointment inthe foreign service of Zanzibar or the UnitedRepublic, as the case may be;

financial year means the period from the first dayof July in any year to the thirtieth day of June inthe immediately succeeding year both daysinclusive;

Gazette means the Zanzibar Gazette published byauthority of the Government, and includes anExtra Ordinary Gazette or any supplementthereto;

General Notice means any announcement not of a

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legislative character made in the Gazette by orwith the authority of the President, Minister orany other Government official pursuant to apower conferred to him by any law;

Government means the Revolutionary Governmentof Zanzibar;

Government analyst includes any assistant or otheranalyst employed by the Government;

Government Notice means any subsidiarylegislation, made by the President, a Minister orother public officer or authority pursuant to apower conferred by any Act;

Government Printer means the Government Printerof Zanzibar, and any other printer authorized byor on behalf of the Government to print anywritten law or any other document of theGovernment;

Government Seal means the seal of theGovernment;

High Court means the High Court of Zanzibar;

Herein when used in any section shall beunderstood to relate the whole enactment, andnot to that section only;

holiday means any of the following days:-(a) Revolution Day (12th January);

(b) The birthday of CCM (5th February);(c) Two days upon which the festival of

Idd el Fitr is celebrated;(d) Good Friday;(e) Ester Monday;

(f) One day upon which the festival ofIdd el Haji is celebrated;

(g) Union day (26th April);

(h) International Workers Day (1st May);

(i) Maulid Day;

(j) Farmers day (7th July);

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(k) Tanzania Mainlands Independence andRepublic Day (9th December);

(l) Christmas Day (25th December);

(m) Day appointed by a notice in the Gazetteby the President to be observed as a

holiday for general prayer or mourning orfor public rejoicing or thanks giving or forany other specific purpose, and a publicholiday shall be construed accordingly,

House of Representatives means the House ofRepresentatives as established under theConstitution;

Immovable property includes land, whethercovered by water or not, any estate, right,interest or leasement in or over any land andthings attached to the earth or permanentlyfastened to anything attached to the earth andincludes a debt secured by mortgage or chargeon immovable property;

import means to bring or to cause to be broughtinto Zanzibar by air, land or water;

judge means a Judge of the High Court and

includes any persons appointed temporarily tobe or to act as a judge of the High Court;

legislature means the House of Representatives orany other Organ of the Government for the timebeing responsible to make laws;

law officer means any and every legally qualifiedmember of the Attorney Generals Chambers,but does not include the Attorney General;

local authority means-(a) where an area of Zanzibar is a city, a

Municipality or a town, the City Council,the Municipal Council or the TownCouncil of that area established underthe existing laws;

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(b) where an area of Zanzibar is within thejurisdiction of a District or DevelopmentCouncil, such District or DevelopmentCouncil, such District or DevelopmentCouncil as the case may be;

magistrate means a resident magistrate ofwhatever grade he may be, a district magistrateand a primary court magistrate;

marriage means a marriage contracted inaccordance with, or recognized as valid by lawsof Zanzibar, and the terms husband, wifeand married person shall be construedaccordingly;

may is to be construed as permissive;

Minister means:-

(a) the Chief Minister, or

(b) a person appointed as a Minister of theGovernment under the provisions of theConstitution; or

(c) a member of the Revolutionary council,and "the Minister" means the Minister forthe time being responsible for the matterin question or if there is no Ministerresponsible for the matter in question;means the Chief Minister;

minor means a person who has not attained theapparent age of eighteen years and the terms"infant" and "infant child" shall be construedaccordingly;

month means a calendar month, unless words beadded showing a lunar month is intended,where a month is expressed as beginning, or isrequired to be reckoned as beginning on a dateother than the first day of any month, themonth shall be deemed to expire immediately

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before the commencement of the correspondingdate in the next following month, whether theperiod so encompassed is of a longer, or shorterperiod than thirty days;

movable property means any property of everydescription which is movable except immovableproperty;

oath and "affidavit" in the case of a person for the

time being allowed by law to affirm or declareinstead of swearing, include affirmation anddeclaration, and "swear in the like caseincludes "affirm" and "declare";

occupy includes use, inhabit, be in possession of or

enjoy the premises in respect whereof the wordis used, otherwise than as a mere servant or forthe mere purpose of the care, custody orcharge thereof;

offence means any crime, felony, misdemeanour or

contravention or other breach of, or failure tocomply with, any written law, for which apenalty is provided;

Parliament means the Parliament of the UnitedRepublic;

party means Chama cha Mapinduzi established bythe Constitution of the Party;

person or any word or expression descriptive of aperson, includes a corporation;

police officer" means any member of the policeforce of and above the rank of constable;

power includes any privilege, authority ordiscretion;

prescribed means prescribed by the Act in which

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the word occurs or by any subsidiary legislationmade there under;

the President means the person elected asPresident of Zanzibar and Chairman of the

Revolutionary Council and includes any personacting on his behalf in accordance with thepowers conferred to him under the provisions ofthe Constitution or any other law;

the President of the United Republic means thePresident of the United Republic and includesany person performing the functions of thePresident of the United Republic under theprovisions of the Constitution of the UnitedRepublic;

proclamation means a proclamation under theGovernment Seal;

public office means any office or employment the

holding or discharging of which by a personwould constitute that person a public officer;

public officer means any person in the service of,or holding office under the Government of

Zanzibar and its parastatals whether suchservice or office is permanent or temporary, orpaid or unpaid;

public place includes every place to which thepublic are entitled or permitted to have accesswhether on payment or otherwise;

public corporation means a body corporateestablished by or under any written law, otherthan the Companies Decree, and include acorporation solely so established;

publication includes all written and printed matter,and any record, tape, wire, perforated roll,cinematograph film or other contrivance bymeans of which words or ideas may bemechanically or electrically produced,

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reproduced, represented or conveyed andeverything, whether of a nature similar to theforegoing or not, containing any visiblerepresentation, or by its form, shape or in anymanner capable of producing, reproducing,

representing or conveying words or ideas, andevery copy and reproduction of any publication;

public body means:-

(a) any Government department;

(b) the community

(c) a local authority;

(d) any authority, board, commission committeeor other body, whether paid or unpaid,which is invested with or performing,whether permanently or temporarily,functions of a public nature;

radio or Radio communications" means anytransmission, emission, reception of signs,signals, writings, images, sounds of intelligenceof any nature by means of electromagnatic

waves propagated in space without artificialguide;

Region means any part of Zanzibar proclaimed ordeemed to be proclaimed by the Presidentunder the provisions of the Constitution to be aregion;

Regional Commissioner means a person appointedby the president to be a regional commissioner,and the regional commissioner means theregional commissioner of the region concerned;

repeal includes rescind, revoke, cancel or replace;

revenue officer means an officer appointed by theGovernment to perform duties in connection

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with the collection of revenue of theGovernment;

rules includes rules of court, by-laws andregulations;

rules of court when used in relation to any courtmean rules made by the authority having forthe time being power to make rules or ordersregulating the practice and procedure of suchcourt;

sell include barter, exchange and offer to sell orexpose for sale;

service where an act authorises or requires anydocument to be served on any person, whetherthe expression "serve" or the expression "give"or "send" or any other expression is used, thenunless a contrary intention appears the serviceshall be effected by properly addressing andposting, after payment and unless the contraryis proved, service shall be deemed to have beeneffected at the time at which the letter would bedelivered in the ordinary course of post;

shall is to be construed as imperative;

sign with reference to a person who is unable towrite his name includes mark;

statutory declaration if made:-

(a) In Zanzibar means a declaration madeunder the Oaths Decree;

(b) in the United Republic, elsewhere than inZanzibar or in any other Commonwealthcountry means a declaration madebefore a justice of the peace, notarypublic, commissioner for oaths or otherpersons having authority therein underany law for the time being in force to

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take or receive a declaration;

(c) in any other place means a declarationmade before a foreign service officerhaving authority under any written law to

administer oaths, or before any personhaving authority under any law or whomay for the time being be specified bythe Minister responsible for legal affairsby an order in the Gazette;

street or road includes any highway street, road,bridge, square, court, alley, lane, bridleway,footway, parade, thoroughfare, passage or openspace to which the public are entitled orpermitted to have access whether on paymentor otherwise;

subsidiary legislations means any legislativeprovision (including a transfer of delegation ofpowers or duties) made in exercise of anypower on that behalf conferred by any writtenlaw, by way of byelaw, notice, order,proclamation, rule of court, regulation, or otherinstrument made under any Act or other lawfulauthority;

territorial waters:-(a) when used with reference to Zanzibar

means any part of the open sea withincertain nautical miles of the Coast ofZanzibar measured from low water mark,as Internationally accepted andrecognised by the RevolutionaryGovernment of Zanzibar in accordancewith the law of the sea, and include anyinland waters of Zanzibar;

(b) when used with reference to the United

Republic means any territorial or inlandwaters of the United Republic asInternationally accepted and recognisedby the United Republic in accordancewith the law of the sea and also includes

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Law alwaysspeaking.

(c) an applied law with any necessarymodification of the same and for the timebeing in force in Zanzibar;

"year"

(a) when used with reference to calendar yearmeans the period commencing on the firstday of January in a year and expiring onthe thirty first day of December in thatyear;

(b) when used with reference to dominical yearmeans a period of twelve consecutivemonths commencing on the first day ofJanuary of that year;

(c) when used with reference to a completeyear means any period of twelveconsecutive months;

Zanzibar means the islands comprised of Ungujaand Pemba including their off shore islands, andwhen "Zanzibar" is used in its geographicalsense means the' territories formerly comprisingthe Peoples Republic of Zanzibar.

PART IIIRULES OF CONSTRUCTION

5. The law shall be considered as always speaking, andwhenever a matter or thing is expressed in the present tense,it shall be applied to the circumstances as they arise, so thateffect may be given to the enactment and every part thereofaccording to its true spirit, intent and meaning.

6. Every enactment shall be deemed remedial, and shallbe given such fair, large and liberal construction andinterpretation as best ensures the attainments of its objects asintended by the legislature.

7. The existing laws in force immediately before the 11thday of January, 1964, shall continue in force and shall be with

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Enactmentsdeemed remedial.

Existing laws to

continue withsuchmodifications etc.until repealed oramended.

Former names tobe construedaccordingly.

Preamble.

Long title andshort title.

such modifications, adaptations, qualifications and exceptionsas may be necessary to bring them into conformity with thepresent circumstances until such time when they are repealedor amended.

8.(1) subject to any Act made by the legislature:-

(a) reference in existing laws to the former Sultan orPrime Minister shall be read as reference to thePresident;

(b) reference on any existing law to the BritishResident or to the Resident in Council shall beread as reference to the Minister for the timebeing responsible for the matter in question;

(c) reference in any existing law to the Chief Secretaryshall be read as reference to the Secretary to theRevolutionary Council, provided that, where suchreferences as to the former Sultan, PrimeMinister, British Resident, Resident in Council orChief Secretary refer by necessary implication tocapacities other than those referred to in (1) (a),(b) and (c) above shall be read as references tosuch other capacities as are necessary for thebetter interpretation of such existing law;

(2) References to any existing law to the Protectorateshall be read as reference to Zanzibar.

9. The preamble of an enactment shall not be part of anAct but shall be read as a part thereof intended to assist inexplaining its purport and object.

10. The long and short titles of an enactment shall notbe part of the Act, but shall be read as a part thereofrespectively intended to assist in explaining its purport and forease of reference only.

11. Marginal notes and references to former enactmentsshall form no part of the enactment, but shall be deemed tohave been inserted for convenience of reference only.

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Marginal notesand references to

formerenactment.

Gender andnumber.

Application ofinterpretationprovisions.

Words inregulations.

Reference todistance.

12. In any Act, unless the contrary intention appears:-

(a) words importing masculine gender include thefeminine;

(b) words importing the feminine gender include themasculine;

(c) words in the singular include the plural and wordsin the plural include the singular.

13.(1) Definitions or rules of interpretation contained inan enactment apply to the construction of the provisions ofthe enactment that contains those definitions or rules ofinterpretation, as well as to other provisions of the enactment.

(2) Where an enactment contains an interpretationsection or provision, it shall be read and construed

(a) as being applicable only if the contrary intentiondoes not appear, and

(b) as being applicable to all other enactments relatingto the same subject matter unless the contraryintention appears.

14. Where an enactment confers powers to makeregulations, expressions used in the regulations have the samerespective meanings as in the enactment conferring thepower.

15. In the measurement of any distance for the purposeof an Act, the distance shall, unless the contrary intentionappears, be measured in a straight line on a horizontal plane.

16. Where a word is defined, other parts of speech andgrammatical forms of the same word have correspondingmeanings.

PART IVAPPLICATION OF UNION ACTS TO ZANZIBAR

17.(1) No Act enacted by the Union Parliament shall

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Parts of speechand grammaticalform.

Union Acts.

Subsidiarylegislations.

Acts to be publicActs and judiciallynoticed.

Section to besubstantiveenactments.

Citation ofenactment.

extend to Zanzibar unless the Act in question is specifically onUnion matters and is passed in accordance with therequirements under the provisions of the Constitution of theUnited Republic.

(2) Such Act shall be laid before the House ofRepresentatives by the Minister responsible.

18. Where a subsidiary legislation is made in exercise ofpowers conferred by an Act under section 17 such subsidiarylegislation shall come into force only upon the completion ofsuch formalities as are laid down for the application of theparent Acts as laid down respectively under the provisions ofsection 17.

PART VPROVISION RELATING TO ACTS

19. Every Act is a public Act and is to be judiciallynoticed as such unless the contrary is expressly provided bythe Act.

20. Every section of an Act shall take effect as asubstantive enactment without introductory words.

21. (1) When any Act is referred to, it shall be sufficientfor all purposes:-

(a) to cite such Act by short title, if any, by which it ismade citable, or

(b) to cite such Act by its long title, or

(c) to cite such Act by the year in which it wasenacted and its number among the Acts of thatyear, or

(d) in the case of the revised edition of the Acts

issued under any Act providing for the issue of arevised edition, by its short title or its chapternumber.

Provided that in all cases, the reference may be made

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Territorialoperation.

Commencementdate of an Act.

Expiring date of

according to the copies of Acts printed by the GovernmentPrinter.

(2) A citation of or reference to an enactment shall bedeemed to be a citation of or reference to the enactment as

amended.

22. (1) Every Act applies to the whole of Zanzibar unlessit is otherwise expressed therein.

23.(1) The Clerk of the House of Representatives shallendorse on every Act immediately after the title thereof, theday, month and year when the Act was assented to in thePresident's name and such endorsement shall be taken to bepart of the Act, and the date of such assent shall be the dateof commencement of the Act if no other date ofcommencement is therein provided.

(2) When any Act or part of an Act is expressed ashaving come, or as coming into operation on a particular day,it shall be deemed to have come or shall come into operationimmediately on the expiration of the day next preceding suchday.

(3) Where it is provided in any Act that it shall comeinto operation on such date as the President or the Minister

may by notice in the Gazette appoint, and the President of theMinister has by a notice in the Gazette appointed such date itshall be lawful for the President or as the case may be, theMinister at any time before the date so appointed to revokethe previous appointment by a subsequent notice and appointanother date.

24. Where an Act is expressed to expire, lapse orotherwise cease to have effect on a particular day, it shall beconstrued as ceasing to have effect upon the commencementof the following day.

25. Where an Act confers power to make:-

(a) rules, regulations or by-laws; or

(b) order or other subordinate legislation to be madeby statutory instruments, it implies, unless the

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an Act.

Implied power to

amend.

Repeal of repeal.

Effect of repealand generalsavings.

contrary intention appears a power exercisablein the same manner and subject to the sameconditions or limitations, to revoke, amend orre-enact any instrument made under the power.

26. Where an Act repeals a repealing enactment therepeal does not revive any enactment previously repealedunless words are added reviving it.

27.(1) Without prejudice to section 26, where an Actrepeals an enactment, in whole or in part, the repeal does not,unless the contrary intention appears:-

(a) receive anything not in force or existing at thetime at which the repeal takes effect;

(b) affect the previous operation of the enactmentrepealed or anything duly done or sufferedunder that enactment;

(c) affect any right, privilege, obligation or liabilityacquired, accrued, or incurred under theenactment so repealed; or

(d) affect any penalty, forfeiture, or punishmentincurred in respect of any offence committed

against the provision so repealed; or

(e) affect any investigation, legal proceedings orremedy in respect of any such right, privilege,obligation, liability, penalty, forfeiture orpunishment; and any such investigation, legalproceedings or remedy may be instituted,continued or enforced, and any such penalty,forfeiture or punishment may be imposed as ifthe repealing Act had not been passed.

(2) This section applies to the expiry of a temporaryenactment as if it were repealed by an Act.

28. Where any Act or part of an Act is repealed and re-enacted by another Act, subsidiary legislation made under the

Act or part of the Act so repealed shall, unless a contraryintention appears, remain in force, so far as it is not

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Effect of repeal ofAct on subsidiarylegislation.

Act may bealtered orrepealed in samesession.

Construction ofamending Actwith amended

Act.

Reprint ofamended Act.

Reference toamended writtenlaw.

Cross referenceswhere written lawre-enacted orrevised.

inconsistent with the provisions of the repealing Act, until suchsubsidiary legislation is revoked by subsidiary legislation madeunder the Act or part of the Act so re-enacted, and until suchrevocation shall be deemed to have been lawful under theprovisions so re-enacted.

29. An Act may be altered, amended, or repealed in thesession of the House of Representatives in which it waspassed.

30. Where one Act amends another Act the amendingAct shall so far as it is consistent with the tenor thereof, andunless the contrary intention appears, be construed as onewith the amended Act.

31. Where an Act has been amended, it shall be lawfulfor the Government Printer, with the authority of the AttorneyGeneral, to print copies of the Act with all the necessaryadditions, omissions, substitutions and amendments effectedby the amending Act or Acts and such copies shall be deemedto be authentic copies of the Act so amended.

32. Where in an Act a reference is made to any writtenlaw such reference shall, except where the context otherwiserequires, be deemed to be a reference to such written law asthe same may from time to time be amended.

33. Where any Act contains any reference to anyprovision of any written law which is duly repealed and re-enacted, or an authentic revised version of which is published,such reference shall be construed as reference to thecorresponding provision of the Act so re- enacted or, as thecase may be, revised.

34. Any reference to an Act in any other Act shall includea reference to any subsidiary legislation made under the Act towhich reference is made.

35. Where an Act which is not to come into operationimmediately on its enactment, confers power to make anappointment or to make or issue any subsidiary legislation, orto do other act or make or issue any subsidiary legislation, orto do other act or thing for the purposes of the Act, suchpower may, unless the contrary intention appears, be

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References to anAct includesubsidiarylegislation.

Exercise ofStatutory powerbetween passingandcommencementof Act.

Publication ofsubsidiarylegislation.

Commencementof subsidiarylegislation.

Retrospectiveoperation ofsubsidiary

exercised at any time after the enactment of the Act so far asmay be necessary or expedient for the purpose of bringing the

Act into operation at the date of the commencement thereofsubject to the restriction that any appointment, subsidiarylegislation or other act or thing, made, issued or done, under

such power shall not, unless the contrary intention appears inthe Act, or unless such appointment, subsidiary legislation oract or thing is necessary for the bringing of the Act intooperation, have any effect until the Act comes into operation.

PART VIPROVISIONS RELATING TOSUBSIDIARY LEGISLATION

36. All subsidiary legislation shall, unless it is otherwiseexpressly provided in the Act, or relates to the appointment ofany person to any office or relates to any matter not havinglegislative effect, be published in the Gazette and shall be

judicially noticed.

37. Any subsidiary legislation published in the Gazetteshall come into force on the date of such publication or, if it isprovided either in the subsidiary legislation or in the Act thatsuch subsidiary legislation or any provisions thereof shall comeinto force on some other date, such subsidiary legislation or,

as the case may be, such provisions thereof shall, subject tosection 38 come into force on such other date.

38. Any subsidiary legislation may be made to operateretrospectively to any date, not being a date earlier than thecommencement of the Act under which it is made:

Provided that no person shall, unless it is otherwiseexpressly provided in the Act, be made or become liable toany penalty whatsoever in respect of any act committed or ofthe failure to do anything before the date on which suchsubsidiary legislation is published in the Gazette.

39. Where any Act confers powers to make anysubsidiary legislation, expressions used in the subsidiarylegislation shall, except where a contrary intention appears,have the same meaning as in the Act conferring the power,and any reference in such subsidiary legislation to "the Act"shall mean the Act conferring the power to make such

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legislation.

Construction ofsubsidiarylegislation.

Acts done onsubsidiarylegislationdeemed doneunder enabling

Act.Citation ofsubsidiarylegislation.

Provisions withrespect to powerto makesubsidiarylegislation.

subsidiary legislation.

40. An act or thing done under or by virtue of, or inpursuance of, any subsidiary legislation shall be deemed tohave been done under or by virtue of or in pursuance of the

Act conferring the power to make such subsidiary legislation.

41. Subsidiary legislation may be cited by reference tothe short title, if any, thereto or by reference to the number ofthe notice under which it appeared in the Gazette.

42. Where any Act confers powers on any authority tomake subsidiary legislation, the following provisions shall,unless a contrary intention appears, have effect with referenceto the making of such subsidiary legislation:-

(a) when any subsidiary legislation purports to bemade in exercise of a particular power or powers,it shall be deemed also to be made or issued inexercise of all other power thereunto enabling;

(b) any provision of any subsidiary legislation which is

inconsistent with any provision of the Act underwhich it is made shall be void to the extent of the

inconsistency;

(c) subsidiary legislation may at any time be amended,revoked or revoked and replaced by the sameauthority, and in the same manner by and inwhich it is made;

Provided, that where such authority has been replacedwholly or in part by another authority, the power conferredhereby upon the original authority may be exercised by thereplacing authority concerning all matters or things within its

jurisdiction as if it were the original authority;

(d) where any Act confers power on any authority tomake subsidiary legislation for any generalpurpose, and also for any special purposesincidental thereto, the enumeration of the specialpurposes shall not be deemed to derogate from

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Fee.

the generality of the powers conferred withreference to the general purpose;

(e) there may be annexed to the breach of anysubsidiary legislation such penalty, not exceeding

seven thousand shillings or such term ofimprisonment not exceeding two years, or bothsuch fine and such imprisonment, as the authoritymaking the subsidiary legislation may think fit.

Provided that no other penalty for the same offence is

provided for under the parent Act.

43.(1) where any Act confers power on any person tomake subsidiary legislation and to make provisions therein inrespect of fees or other charges, such subsidiary legislationmay provide for all or any of the following matters:

(a) specific fees or charges;

(b) maximum or minimum fees or charges;

(c) maximum and minimum fees or charges;

(d) the payment of fees or charges either general orunder specified conditions or in specifiedcircumstances; and

(e) the reduction, waiver, or refund, in whole or inpart, of any such fees or charges, either upon thehappening of a certain event or in the discretionof a specified person.

(2) Where any reduction, waiver or refund, in whole orin part, of any fee or charge is provided for, such reductionwaiver or refund may be expressed to apply or be applicableeither generally or specifically:-

(a) in respect of certain matters or transactions orclasses of matters or transactions;

(b) in respect of certain documents or class ofdocuments;

(c) when any event happens or ceases to happen;

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Time.

Computation oftime.

(d) in respect of certain persons or classes of persons;or

(e) in respect of any combination of such matters,

transactions, documents, events or persons, andmay be expressed to apply or be applicablesubject to such conditions as may be specified inthe subsidiary legislation or in the discretion ofany person specified therein.

PART VIICOMPUTATION OF TIME

44.(1) The standard time of Zanzibar shall be threehours in advance of Greenwich Mean Time.

(2) Where any expression of time in any Act,instrument, warrant or process of any kind, the time referredto, shall, unless it is otherwise expressly provided, signify thestandard time of Zanzibar.

45. In computing time for the purposes of any Act,unless it is otherwise expressly provided:

(a) a period of days from the happening of anevent or the doing of any act or thing shall bedeemed to be exclusive the day on which theevent happens or the act or thing is done;

(b) if the last day of the period is Sunday or a

public holiday (which days are in this sectionreferred to as excluded days), the period shallinclude the next following day not being anexcluded day;

(c) where any act or proceeding is directed orallowed to be done or taken on a certain day,then, if that day happens to be an excludedday, the act or proceeding shall be consideredas done or taken in due time if it is done ortaken on the next day afterwards, not being an

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Where no time isprescribed.

Evidence ofsignature ofPresident,Minister or

Attorney Generalto consent.

Ex-officioproceedings notto abate on death

excluded day;(d) where an act or proceeding is directed or

allowed to be done or taken within any time notexceeding six days, excluded days shall not be

reckoned in the computation of the time.

46. Where no time is prescribed or allowed within whichany thing shall be done, such thing shall be done withoutunreasonable delay, and as often as due occasion arises.

PART VIIIGENERAL PROVISIONS REGARDING LEGALPROCEEDINGS AND PENALTIES

47. Where the consent of the President, a Minister or theAttorney General is necessary before any prosecution or actionis commenced, any document purporting to bear the consentof the President, a Minister or the Attorney General shall bereceived as prima facie evidence in any proceedingswithout proof being given that the signature to such consent isthat of the President, a Minister or the Attorney General.

48. Any civil or criminal proceedings taken by or againstany person in virtue of his office shall not be discontinued orabate by his death, resignation or absence or removal fromoffice, but may be carried on by or against, as the case maybe, the person for the time being holding that office.

49. The imposition of a penalty or fine by or under theauthority of any Act shall not, in the absence of expressprovision to the contrary, relieve any person from liability toanswer for damages to any person injured.

50. Where an act or omission constitutes an offenceunder two or more Acts, the offender shall, unless a contraryintention appears, be liable to be prosecuted and punishedunder either or any of such Acts but shall not be liable to bepunished twice for the same offence.

51. Where an act or omission constitutes an offence and

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etc.

Imposition ofpenalty no bar to

civil action.

Provisions as tooffences undertwo or morelaws.

Amendment ofpenalty.

Penaltiesprescribed shallbe maximumpenalties, butmay be

cumulative.

Disposal offorfeits.

the penalty for such offence is amended between the time ofthe commission of such offence and the conviction therefor,the offender shall, in the absence of express provision to thecontrary, be liable to the penalty prescribed at the time of thecommission of such offence.

52.(1) Where in any Act a penalty is prescribed for anoffence under that Act, such provision shall, unless a contraryintention appears, mean that the offence shall be punishableby a penalty not exceeding the penalty prescribed.

(2) Where in any Act more than one penalty isprescribed for an offence, the use of the word "and" shall,unless a contrary intention appears, mean that the penaltiesmay be inflicted alternatively or cumulatively.

53.(1) Where any animal or thing is by any Act declared,or is under any Act adjudged by any court or other authority,to be forfeited, it shall, in the absence of express provision tothe contrary, be forfeited to the Government, and the netproceeds thereof, if it is ordered by a competent authority tobe sold, shall be paid into the Consolidated Fund, unless otherprovision is made.

(2) Nothing in this section shall affect any provision inany Act whereby any portion of any fine or forfeit or the

proceeds of any forfeit is expressed to be recoverable by anyperson or may be granted by any authority to any person.

54. Any fine or penalty imposed by or under theauthority of any Act shall, in the absence of express provisionto the contrary, be paid into the Consolidated Fund.

55. A provision in any Act which constitutes an offenceshall, unless a contrary intention appears, be deemed toprovide also that an attempt to commit such offence shall bean offence under such provision, punishable as if the offenceitself had been committed.

56. Where any offence under any Act is committed by abody corporate then, unless a contrary intention appears, aswell as the body corporate any person who at the time of thecommission of the offence, was concerned as a director or anofficer, with the management of the affairs of such body

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Disposal of finesand penalties.

Provision as to

attempts.

Where offence iscommitted bybody corporate.

Liability ofemployer orprincipal.

Demise ofPresident.

Powers of Interimpresident todismiss and

corporate shall be guilty of the offence and shall be liable tobe proceeded against and punished accordingly, unless heproves to the satisfaction of the court that he had noknowledge and could not, by the exercise of reasonablediligence, have had knowledge, of the commission of the

offence.

57. Where any offence under any Act is committed by aperson as an agent or employee then, unless a contraryintention appears, as well as the agent or employee theprincipal or employer shall be guilty of the offence and shall beliable to be proceeded against and punished accordinglyunless he proves to the satisfaction of the court that he hadno knowledge, and could not, by the exercise of reasonablediligence, have had knowledge, of the commission of theoffence.

PART IXDEMISE OF PRESIDENT-APPOINTMENT,RETIREMENT AND POWERS OFFICERS58. Where there is a demise of the President, it is not

necessary by reason of such demise that the holder of anysuch office again be appointed thereto or that, having takenan oath of office or allegiance before such demise, he againtake such oath.

59. Where there is a demise of the President, andanother person takes his position as an Interim President:-

(a) such person cannot dismiss or suspend anyperson appointed by the demised Presidentuntil such time he, or other person is electedas a President;

(b) such person can appoint any person to holdoffice of any category in accordance with thepowers of the demised President given underthe Constitution or any other Act and suchappointments shall be recognised as if madeby the President and shall continue in forceeven after the election of another Presidentunless the President so elected dismisses himor directs otherwise in accordance withparagraph (a) above.

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suspend.

Public officers tohold office duringpleasure.

Remuneration.

Commencementof appointment orretirements.

Implied powersrespectingPresident andother publicofficers.

60. Every public officer appointed under the provisions ofany Act, or any person holding an office under the provisionsof the Constitution shall hold such office during the pleasure ofthe person who appointed him only, unless it is otherwise

expressed in the Constitution, the Act or in his commission orappointment.

61. Where a person is appointed to an office, theappointing authority may fix, vary or terminate hisremuneration, unless remuneration is fixed by a law.

62. Where a person is appointed to an office effective ona specified day, or where the appointment of a person isterminated effective on a specified day, the appointment ortermination as the case may be, shall be deemed to have beeneffected immediately upon the expiration of the previous day.

63.(1) Words authorizing the appointment of a publicofficer to hold office during pleasure include the power of:-

(a) terminating his appointment or removing orsuspending him;

(b) re-appointing or reinstating him; and

(c) re-appointing another in his stead of to act in hisstead, is in the discretion of the authority inwhom the power of appointment is vested.

(2) Words directing or empowering a Minister to do anact or thing, or otherwise applying to him by his name ofoffice, include a Minister acting for him, or, if the office isvacant, a Minister designated to act in the office by or underthe authority of the President, and also his successors in theoffice but does not include his deputy.

(3) Words directing or empowering any other publicofficer to do any act or thing, or otherwise applying to him byhis name or office, include his successors in the office and hisor their deputy.

(4) Where a power is conferred or a duty imposed onthe holder of an office or such, the power may be exercised

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Powers ofPresident torescind order.

and the duty shall be performed by the person for the timebeing charged with the execution of the powers and duties ofthe office.

64. The President may rescind any order under the

provisions of section 63(1) (a) and direct that persons be re-appointed or reinstated with immediate effect.

Provided that in such re-appointments or reinstatements,the President may:-

(a) direct that his salary during the period of histermination or removal or suspension as thecase may be forfeited; or

(b) direct that his days in which he was terminatedremoved or suspended be regarded as leavewithout pay; or

(c) give other conditions if any as may be specifiedin such directive.

PART XMISCELLANEOUS

65. Where there is any clerical or printing error in anyBill or Act published in the Gazette, the Attorney General orany other law officer, may, by order in the Gazette, givedirections as to the rectification of such error and every suchdirection shall be read as one with the Bill or Act to which itrelates, and such Bill or Act shall, with effect from the date ofits first publication, take effect as so rectified.

66. Save as is otherwise expressly provided, wheneverany form is prescribed by any Act, an instrument or documentwhich purports to be in such form shall not be void by reasonof any deviation therefrom which does not affect thesubstance such instrument or document, or which is, notcalculated to mislead.

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Rectification oferrors.

Deviation fromforms.

Majorities.

Power of boardetc, not affectedby vacancy.

Savings of rightsof Government.

Act to bindGovernment.

Repeal Cap. 1and Decree 1/64.

67. Where an act or thing is required or authorised to bedone by more than two persons, a majority of them may do it.

68. Where by or under any Act any board, commission,committee, or similar body, whether corporate or un

incorporate, is established, then, unless the contrary intentionappears, the powers of such board, commission, committee,or similar body shall not be affected by:-

(a) any vacancy in the membership thereof;

(b) the fact that it is afterwards discovered that therewas some defect in the appointment orqualification of a person purporting to be amember thereof.

69. No Act shall in any manner whatsoever affect the

rights of the Government unless it is therein expresslyprovided, or unless it appears by necessary implication thatthe Government is bound thereby.

70. This Act shall bind the Government.

71. The Interpretation Decree of 1953, Chapter I of theLaws of Zanzibar and the Existing Laws Decree, Decree

number 1 of 1964 are hereby repealed.

PASSED in the House of Representatives on 10th day ofOctober, 1984.

(IDI PANDU HASSAN)CLERK TO THE HOUSE OF REPRESENTATIVES

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1984-007 interpretation of laws and general provisions

Documents