NON-GOVERNMENTAL ORGANIZATIONS ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Section

Title

PART I
PRELIMINARY PROVISIONS

   1.    Short title and commencement.

   2.    Interpretation.

PART II
ADMINISTRATION AND COORDINATION OF NON-GOVERNMENTAL ORGANIZATIONS

   3.    Director for Non-Governmental Organizations Coordination.

   4.    Functions and duties of the Director.

   5.    The register of NGO's.

   6.    Establishment of the Board.

   7.    Functions of the Board.

   8.    Sources of fund of the Board.

   9.    Annual estimates.

   10.    Books of accounts.

PART III
PROCEDURE FOR REGISTRATION OF NON-GOVERNMENTAL ORGANIZATIONS

   11.    Requirement to register.

   12.    Application for registration.

   13.    Application to be referred to the Board.

   14.    Refusal of registration.

   15.    Appeals.

   16.    Review by the Board or appeal to the Minister.

   17.    Certificate of registration.

   18.    Effect of registration.

   19.    Permits.

   20.    Suspension or cancellation of certificate.

   21.    Procedure for suspension or cancellation.

PART IV
LEVELS OF REGISTRATION

   22.    Appointment of public officers.

   23.    Registration of NGO's at various levels.

   24.    Board may require proof of existence.

PART V
ACCOUNTABILITY AND SELF REGULATION OF NON-GOVERNMENTAL ORGANIZATIONS

   25.    Establishment of the Council.

   26.    Annual meeting of the Council.

   27.    Code of conduct.

   28.    Duties of the Board regarding code of conduct.

   29.    Activities and financial reports.

   30.    Governing documents.

   31.    General conduct.

   32.    Fund raising activities.

   33.    Notification of change of particulars of Non-Governmental Organization.

   34.    Inspection of documents.

PART VI
OFFENCES AND PENALTIES

   35.    Offences and penalties.

PART VII
MISCELLANEOUS PROVISIONS

   36.    Liability of office bearers of NGO.

   37.    Publication of Non-Governmental Organizations.

   38.    Power of Minister to make regulations.

       SCHEDULE

CHAPTER
THE NON-GOVERNMENTAL ORGANIZATIONS ACT

An Act to provide for registration of Non-Governmental Organizations with a view to coordinate and regulate activities of Non-Governmental Organizations and to provide for related matters.

[1st January,2004]
[G.N. No. 405 of 2003]

Act No. 24 of 2002

PART I
PRELIMINARY PROVISIONS (ss 1-2)

change L7 level to L8 1.    Short title

   This Act may be cited as the Non-Governmental Organizations Act.

2.   Interpretation

   In this Act, unless the context otherwise requires–

   ''Board'' means the Board established under section 6;

   ''certificate'' means the certificate of registration or a certificate of compliance issued under this Act;

   ''Council'' means a National Council for Non-Governmental Organizations established under section 25;

   ''Director" means a Director for Non-Governmental Organizations Coordination appointed under section 3(1);

   ''International Non Governmental Organization" means a Non-Governmental Organization established outside Mainland Tanzania;

   ''National Non-Governmental Organization'' means a Non-Governmental Organization established in accordance with the Provisions of this Act and whose scope of operation extends to more than two regions;

   ''Non-Governmental Organization'' also known in its acronym "NGO'' means a voluntary grouping of individuals or organization which is autonomous, non-partisan, non profit making which is organized locally at the grassroot, national or international levels for the purpose of enhancing or promoting economic, environmental, social or cultural development or protecting environment, lobbying or advocating on issues of public interest of a group of individuals or organization, and includes a Non-Governmental Organization, established under the auspices of a any religious organization or faith propagating organization, trade union, sports club, political party, or community based organization; but does not include a trade, union, a social club or a sports club, a political Party, a religious organization or a community based organization;

   "Minister'' means the Minister responsible for Non-Governmental Organizations;

   ''public interest'' includes all forms of activities aimed at providing for and improving the standard of living or eradication of poverty of a given group of people or the public at large;

   "register" means the register of Non-Governmental Organizations;

   ''public officer'' means a public officer appointed pursuant to the provisions of section 22(1).

PART II
ADMINISTRATION AND COORDINATION OF NON-GOVERNMENTAL ORGANIZATIONS (ss 3-10)

3.   Director for Non-Governmental Organizations Coordination

   (1) There shall be appointed by the President a public officer to be the Director for Non-Governmental Organizations Coordination.

   (2) The Director for Non-Governmental Organizations Coordination Organization shall be the Registrar of Non-Governmental Organizations and a link between the Government and Non-Government Organizations.

4.   Functions and duties of the Director

   (1) Functions and duties of the Director shall include–

   (a)    to advise on policy and other matters regarding Non-Governmental Organizations;

   (b)    to ensure proper implementation of this Act;

   (c)    to ensure that operations of Non-Governmental Organizations are available for the Government and the public for consumption;

   (d)    to encourage co-operation with sector Ministries in matters relating to Non-Governmental Organizations;

   (e)    to register Non-Governmental Organizations;

   (f)    to keep and maintain register of Non-Governmental Organizations;

   (g)    to keep records and reports regarding Non-Governmental Organizations;

   (h)    to appoint public officers under this Act;

   (i)    to perform such other duties as may be assigned to him by the Board.

   (2) The Director shall be the Secretary to the Board.

5.   The Register of NGO's

   (1) There shall be a register of Non-Government Organizations, wherein shall be entered all matters relating to Non-Governmental Organizations provided for by this Act.

   (2) Each Non-Governmental Organization shall be identified by a certificate of Registration issued to it by the Registrar.

6.   Establishment of the Board

   (1) There shall be established a Board to be known as the Non-Governmental Organizations Coordination Board.

   (2) The provision of the Schedule to this Act shall have effect as to the composition, tenure of office, proceedings at meetings of the Board and other matters relating to the Board.

7.   Functions of the Board

   (1) The functions of the Board shall include–

   (a)    to approve and coordinate registration of Non-Governmental Organizations;

   (b)    to facilitate the implementation of the national Non-Governmental Organizations policy;

   (c)    to facilitate and co-ordinate activities of Non-Governmental Organizations;

   (d)    to approve application for registration or certificate of compliance;

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