CHAPTER 23
OPTICIANS ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Section

Title

PART I
PRELIMINARY PROVISIONS

   1.   Short title.

   2.   Interpretation.

PART II
THE OPTICAL COUNCIL

   3.   Establishment of the Optical Council of Tanzania.

PART III
REGISTRATION

   4.   Appointment of Registrar.

   5.   Registers of ophthalmic and dispensing opticians.

   6.   Qualifications for registration of opticians.

   7.   List of corporate bodies.

   8.   Qualifications for enrolment of corporate bodies.

   9.   Publication of registers and lists.

   10.   Publication prima facie evidence of registration or enrolment.

   11.   Appeal against refusal to register.

   12.   Registration of higher qualifications.

PART IV
DISCIPLINARY PROCEEDINGS

   13.   Establishment of Disciplinary Committee.

   14.   Procedure for disciplinary proceedings.

   15.   Disobedience of summons and refusal to give evidence.

   16.   Erasure from the register and list for crime, infamous conduct, etc.

   17.   Restoration of names erased as a result of disciplinary cases, etc.

   18.   Erasure from register and list on grounds of fraud or error.

   19.   Appeals in disciplinary and other cases.

PART V
MISCELLANEOUS PROVISIONS

   20.   Restriction on practice by non-registered persons.

   21.   Penalty for pretending to be registered, etc.

   22.   Provisions as to death or bankruptcy of registered optician.

   23.   Restriction on sale and supply of optical appliances.

   24.   Offences by bodies corporate.

   25.   High Court may make rules.

   26.   General power to make rules.

   27.   [Transitional provisions.]

SCHEDULE

CHAPTER 23
THE OPTICIANS ACT

An Act to provide for the registration of opticians and the enrolment of bodies corporate carrying on business as opticians and for related matters.

[1st May, 1966]
[G.N. No. 124 of 1966]

Acts Nos.
9 of 1966
31 of 1967

PART I
PRELIMINARY PROVISIONS (ss 1-2)

1.   Short title

   This Act may be cited as the Opticians Act.

2.   Interpretation

   In this Act, unless the context otherwise requires–

   "Council" means the Optical Council of Tanzania established under section 3;

   "dispensing optician" means a person engaged or proposing to engage in the fitting and supply of optical appliances;

   "enrolled body corporate" means a body corporate which is enrolled in the list of bodies corporate, carrying on business as ophthalmic or dispensing opticians;

   "Minister" means the Minister responsible for matters relating to health and hospital services;

   "ophthalmic optician" means a person engaged or proposing to engage in the testing of sight (otherwise than as a registered medical practitioner or a person following a course of study leading to obtaining a recognised qualification), whether or not he is also engaged or proposing to engage in the fitting and supply of optical appliances;

   "optical appliance" means an appliance designed to correct, remedy or relieve a defect of sight;

   "register" means a register of ophthalmic opticians or of dispensing opticians kept under the provisions of section 5;

   "registered optician" means any optician registered under this Act;

   "Registrar" means the Registrar of the Optical Council of Tanzania, appointed under section 4.

PART II
THE OPTICAL COUNCIL (s 3)

3.   Establishment of the Optical Council of Tanzania

   (1) There is hereby established a body to be known as the Optical Council of Tanzania which will have responsibility for regulating the practice and conduct of opticians and bodies corporate carrying on the business of opticians.

   (2) The Council shall–

   (a)   be a body corporate with perpetual succession and a common seal;

   (b)   in its corporate name be capable of suing and being sued;

   (c)   for and in connection with the purposes of this Act be capable of holding, purchasing and otherwise acquiring and disposing of movable or immovable property.

   (3) The provisions of the Schedule hereto shall have effect as to the constitution and proceedings of the Council and otherwise in relation to the Council.

PART III
REGISTRATION (ss 4-12)

4.   Appointment of Registrar

   The Minister shall appoint a Registrar of the Optical Council of Tanzania, and he shall hold and vacate office in accordance with the terms of his appointment.

5.   Registers of ophthalmic and dispensing opticians

   The Registrar shall, subject to the directions of the Council, maintain–

   (a)   two registers of ophthalmic opticians, one for the registration of persons engaged or proposing to engage, both in the testing of sight and in the fitting and supply of optical appliances, and the other for the registration of persons engaged or proposing to be engaged in the testing of sight but not in the fitting and supply of optical appliances; and

   (b)   a register of dispensing opticians.

6.   Qualifications for registration of opticians

   (1) The holder of any degree, diploma or licence which is recognised for the time being by the Council, as furnishing a sufficient guarantee of the possession of the requisite knowledge and skill for the efficient practice of optics, shall be entitled to be registered under this Act as an ophthalmic optician or a dispensing optician.

   (2) The Council may require any applicant for registration under this Act to satisfy it that he has adequate practical experience in the work of an ophthalmic optician or dispensing optician, as the case may be, and is of good moral character and a fit and proper to be registered under this Act.

   (3) The Council may direct the Registrar to postpone the registration of any applicant until so satisfied.

7.   List of corporate bodies

   The Registrar shall, subject to the directions of the Council, maintain a list of bodies corporate carrying on business as ophthalmic opticians or dispensing opticians, each containing the names, principal places of business and such other particulars as may be prescribed under the provisions of this Act.

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