ARRANGEMENT OF SECTIONS
1. Short title and application.
CONSTITUTION, ADMINISTRATION AND DUTIES OF THE FORCE
3. Establishment of Police Force.
4. Constitution of Police Force.
5. Duties of the Force.
7. General powers of Inspector-General.
8. Administration of the Force.
9. Delegation by Inspector-General.
10. Officers in charge of police stations to keep prescribed books and to render returns.
11. Officers in charge of police to be responsible for stores.
APPOINTMENT, ENLISTMENT, SERVICE AND DISCHARGE
12. Appointment of police officers.
13. Period of engagement of inspectors.
14. Enlistment of constables, followers and police cadets.
15. Declaration on joining the Force.
16. Leave conditions.
18. Re-engagement after discharge.
19. Service in certain other police forces may count for service in the Force.
20. Police officers not to resign without permission.
21. Members of the Force not to engage in other employment.
22. Prolongation of service in case of war.
24. Rules for reckoning service for purposes of discharge.
25. Discharge on completion of service.
26. Arms and accoutrements to be delivered upon ceasing to belong to the Force.
POWERS AND DUTIES OF POLICE OFFICERS
27. General powers and duties of police officers.
28. Police officer to be deemed prison officer in certain circumstances.
29. Police officers may use arms in certain cases.
30. Power to lay information or complaints.
31. Police bail.
32. Attendance of witness.
33. Records of interview.
34. Witness bonds.
35. Search by police officer.
36. Power to take finger prints, photographs, etc.
37. Medical examination.
38. Identification parade.
39. Power to inspect licences and search vehicles.
40. Force to keep order on public roads.
41. Road barriers.
42. Power to regulate music and the conduct of assemblies, etc.
43. Assemblies and processions in public places.
44. Power to disperse assemblies and processions wherever held.
45. When assembly or procession unlawful.
47. Disposal of unclaimed property.
PROCEEDINGS AGAINST POLICE OFFICERS
48. Non-liability for act done under authority of a warrant.
49. Salary of certain police officers not to be attached for money borrowed or goods supplied.
50. Offences against discipline.
51. Powers of officer to hold an inquiry.
52. Procedure at inquiry.
53. Punishments for offences against discipline.
54. Special powers of Inspector-General.
55. Powers of officer holding inquiry.
56. Appeals against punishment for offences against discipline.
57. Interdiction pending inquiry and suspension.
58. Officer interdicted or suspended not to cease to be a police officer.
59. Dismissal and reduction in rank of police officers on conviction.
60. Fines to be recovered by stoppage of pay.
61. Loss of or damage to arms and accoutrements to be made good by stoppage of pay.
62. Pay not to accrue during absence without leave, imprisonment or detention.
63. Place of confinement of offenders.
64. Mode of complaint by police officer.
65. Prohibition against police officer being member of trade union.
POLICE REWARDS FUND
66. Establishment of Police Rewards Fund.
GRATUITIES AND BENEFITS WHICH MAY BE GRANTED TO CERTAIN MEMBERS OF THE FORCE OTHER THAN PENSIONABLE OFFICERS
67. Application of sections 68 to 72.
68. Gratuities payable after twelve or more years' service.
69. Proportional gratuities payable in certain circumstances.
70. Gratuities earned to be deemed part of officer's estate.
71. Gratuities remaining unpaid at death: how disposed of.
72. Compensation in case of death, injury or damage incurred on duty.
73. Gratuity for holders of award.
DISPOSAL OF DECEASED'S ESTATES
74. Provisions for disposal of property of officers dying intestate.
EMPLOYMENT OF POLICE OFFICERS ON SPECIAL DUTY AND THE MAINTENANCE OF ORDER IN DISTURBED AREAS
75. Employment of police officers on special duty at the expense of private persons.
76. Employment of additional police in special circumstances.
77. Employment of additional police in disturbed areas.
78. Award of compensation to sufferers from the misconduct of inhabitants of disturbed areas.
79. Definition of "inhabitants".
80. Recovery and disposal of moneys paid under Part XI.
SPECIAL POLICE OFFICERS
81. Power to appoint special police officers.
82. Power to suspend or determine services of special police officers.
83. President may establish a force of special police officers.
84. Definition of "special police officer".
85. Refusal of person appointed to serve.
86. Powers and duties of special police officers.
87. Inspector-General to provide necessary equipment for special police officers.
88. Uniform, etc., to be delivered upon termination of appointment.
89. Inspector-General to command.
90. Compensation on death, injury or damage to property while on duty.
SERVICE OUTSIDE THE UNITED REPUBLIC
91. Minister may send police officers to neighbouring countries.
92. Despatch of police officers to neighbouring countries in temporary emergency.
93. Police officers on service outside the United Republic to be under own officers and subject to their own laws and orders.
94. Conditions precedent to be fulfilled by the law of the country concerned.
95. Police officers from neighbouring country serving in the United Republic to be under their own laws, orders and their own officers.
96. Enforcement of contract made with Government of neighbouring country.
97. Powers of members of the police force of neighbouring country.
98. Powers of courts of the United Republic.
99. Power to prosecute under other law not to be affected.
101. Police officers discharged between certain dates required to report.
103. Unlawful possession of articles supplied to a police officer and personation.
104. Harbouring in public house police officers while on duty.
105. Persons causing disaffection, etc.
106. Disorderly conduct in a police station, office or lock-up.
107. General penalty.
108. Establishment of Police Reserve.
109. Constitution of the Reserve.
110. Control of the Reserve.
111. Declaration to be made upon enlistment.
112. Period of service in the Reserve.
113. Rank to be allotted to reservist.
114. Right to take discharge in certain circumstances.
115. Pay and allowances.
116. Duties of reservists.
117. Calling out of Reserve for annual training.
118. Calling out of Reserve for service in case of emergency.
119. When called up for training or service, notice to be served upon reservist.
120. When called out reservists come under the provisions of this Act.
122. Discharge of reservists.
123. Inspector-General may dispense with services of a reservist.
AUXILIARY POLICE FORCE
126. Establishment of Auxiliary Police Force.
127. Functions of the Auxiliary Police Force.
128. General powers of Inspector-General.
129. Declaration of special areas
130. Auxiliary police to be stationed in special areas.
131. Establishment and maintenance of police stations in special areas.
132. Special areas to be deemed to be one in certain circumstances.
133. Administration and control of auxiliary police in special areas.
134. Appointment of auxiliary police officers.
136. Withdrawal of precept.
137. Payment of auxiliary police.
139. Powers, duties and immunities of auxiliary police.
140. Offences against discipline.
141. Powers of arrest for offences.
142. Punishments which may be awarded.
143. Delivery up of badge, precept and uniform on resignation, etc.
144. Return of badge, precept and uniform delivered up.
146. Police officer for purposes of section 243 of the Penal Code.
147. Powers of Police Force under this Part to be additional.
149. [Repeal of R.L. Caps. 55 and 59.]
THE POLICE FORCE AND AUXILIARY SERVICES ACT 1
An Act to provide for the organisation, discipline, powers and duties of the Police Force, a Police Reserve and an Auxiliary Police Force and for related matters.
[1st January, 1953]
[13th August, 1939]
[9th June, 1948]
1 of 1939
14 of 1950
51 of 1952
27 of 1954
22 of 1955
1 of 1958
43 of 1958
[R.L. Cap. 56]
[R.L. Cap. 262]
64 of 1961
35 of 1962
19 of 1964
35 of 1965
73 of 1965
G.N. No. 73 of 1965
[R.L. Cap. 322]
2 of 1965
19 of 1965
11 of 1971
31 of 1972
15 of 1980
9 of 1985
5 of 1993
3 of 1995
PRELIMINARY PROVISIONS (ss 1-2)
(1) This Act may be cited as the Police Force and Auxiliary Services Act.
(2) The following sections shall apply to Mainland Tanzania as well as to Tanzania Zanzibar–
Sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 16, 26, 63, 64, 66 (3) and (4), 67, 68, 69, 70, 71, 72, 73, 74, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 100 and 106.
In this Act unless the context otherwise requires–
"arms" includes firearms;
"Assistant Commissioner" means an Assistant Commissioner of Police and the expression includes a Senior Assistant Commissioner, a superintendent or other police officer in command of the police in any region; and "Commissioner" means a Senior Commissioner or a Commissioner appointed under section 8;
"cognizable offence" has the meaning assigned to it in section 2 of the Criminal Procedure Act *;
"constable" includes all grades of the rank of constable;
"Deputy Commissioner" means the Deputy Commissioner of Police;
"Force" means the Police Force of the United Republic;
"gazetted officer" means a police officer of a rank of Assistant Superintendent or above;
"inspector" includes a chief inspector, a senior inspector, an inspector and a sub-inspector;
"Inspector-General" means the Inspector-General of Police;
"intoxicating liquor" has the meaning assigned to it in the Intoxicating Liquors Act *;
"Minister" means the Minister responsible for matters relating to the Police Force;
"non-commissioned officer" means a police officer of the rank of sergeant major, sergeant or corporal;
"officer in charge of police" means the police officer appointed by the Commissioner under section 8 to be in command of the police in any place or any police officer, his senior in rank, for the time being in such place; and where no police officer has been so appointed as aforesaid, includes the administrative officer for the time being in charge of such place;
"officer in charge of a police station" includes any officer superior in rank to an officer in charge of a police station and, when the officer in charge of the police station is absent from the station house or unable from illness or other cause to perform his duties, the police officer present at the station house who is next in rank to such officer;
"pensionable officer" means a member of the Force whose service is pensionable under the Public Service Retirement Benefits Act *;
"police officer" means any member of the Force of or above the rank of constable;
"police post" means any place appointed by the Inspector-General to be a police post;
"Police Rewards Fund" means the Fund established under section 66 of this Act;
"police station" means any place appointed by the Inspector-General to be a police station, and includes any local area policed from such a station;
"prescribed" means prescribed by regulations made under this Act;
"property" includes any movable property, money or valuable security;
"public place" means any highway, public park, common or garden, any sea beach, or lake shore, and any public bridge, road, street, lane, footway, square, court, alley or passage, whether a thoroughfare or not; and includes any place, whether a building or not, to which for the time being the public have or are permitted to have access, whether on payment or otherwise;
"recruit" means a person undergoing training for a post in the Force who is a member of the Force but who is not a police officer;
"region" means a region of the United Republic in which the command of the police is vested in an Assistant Commissioner or superintendent or other police officer appointed by the Inspector-General to be in command thereof;
"sergeant" includes a station sergeant and all grades of the rank of sergeant;
"superintendent" includes senior superintendent;
"superintendent in charge of police" means the superintendent or other police officer appointed by the Inspector-General to be in command of any branch of the Force or of all police stationed in a Region.
CONSTITUTION, ADMINISTRATION AND DUTIES OF THE FORCE (ss 3-11)
The Police Force of the United Republic shall be established and constituted in accordance with this Act.
The Force shall consist of such members of the following ranks as the President may direct, in the following order of seniority–
(1) The Force shall be employed in and throughout the United Republic for the preservation of the peace, the maintenance of law and order, the prevention and detection of crime, the apprehension and guarding of offenders and the protection of property, and for the performance of all such duties and shall be entitled to carry arms.
(2) All members of the Force shall be bound to serve anywhere in the United Republic or on board any ship within the territorial waters of the United Republic, and to proceed to any neighbouring country as provided in Part XIII of this Act and to proceed to such other places as their duties under subsection (1) of this section may require.
[Repealed by Act No. 2 of 1965 Sch.]
(1) The Inspector-General shall, subject to any orders or directions by the Minister as to the operational control of the Force have the command, superintendence and direction of the Force.
(2) The Inspector-General may, subject to the orders and directions of the Minister and to the provisions of this Act and any regulations made thereunder, from time to time make orders for the general government of the Force in relation to the enlistment, ranks, classification, duties, distribution, inspection, transfer (including expenses in connection therewith), discharge, training, arms and accoutrements, clothing and equipment, and places of residence of the members thereof, and such other orders as he may deem expedient for preventing neglect and for promoting efficiency and discipline on the part of the Force in the discharge of its duties.
(1) The administration of the force throughout the United Republic shall be vested in the Inspector-General and for this purpose the Force shall be organised in such branches and distributed according to such regions, and places as he may with the approval of the Minister, decide.
(2) A Commissioner may be appointed for any part of the United Republic, or for any function of the Force, and a Commissioner so appointed shall be the deputy of the Inspector-General and for that part or for the purposes of that function, as the case may be, and shall, subject to any direction of the Inspector-General have the powers functions and duties of the Inspector-General in that behalf; and where a Commissioner is appointed for any such part, the subordinate commanders for such art shall be responsible both to the Inspector-General and to the Commissioner for their respective commands and the following provisions of this section shall be construed accordingly. [ss. (1A)]
(3) Where a Senior Commissioner has been appointed for any part of the United Republic or for any function of the Force, the provisions of subsection (2) shall apply in relation to the Senior Commissioner as if references in that subsection to the Commissioner were references to the Senior Commissioner, and every Commissioner appointed for that part of the United Republic or for that function shall be responsible to the Senior Commissioner. [ss. (1B)]
(4) The command of the Police in any region or area shall be vested in an Assistant Commissioner or a Superintendent or any other police officer appointed by the Commissioner to be in command thereof. Subject to the orders and direction of the commissioner and, in the case of a police officer in command in a region, of the Assistant Commissioner or other police officer in command in the region in which such area is included, such police officer shall have the command, direction and management of the police in the region to which he is appointed, and shall be responsible to the Inspector-General and, in the case of a police officer in command in a region, to the police officer in command in the region in which such area is included, for all matters relating to the training, discipline and interior economy of the members of the Force under his command, and the performance of all police duties in his region or area as the case may be. [ss. (2)]
(5) The command of the police in any place in the United Republic shall be vested in such police officer as may be appointed by the Commissioner to be in command thereof. Such officer shall be subordinate to and carry out the orders of the police officer in command in the province in which such place is situated in all matters relating to the training, discipline and interior economy of the members of the force under his command, and the performance of all police duties in the said place. [ss. (3)]
(6) In any place where there is no police officer appointed by the Inspector-General to be in command of the police in such place the administrative officer for the time being in charge of such place shall have such of the powers conferred by law upon an officer in charge of police as shall be necessary for the purpose of exercising, and, subject to the orders and directions of the police officer in command in the region in which such place is situated, shall exercise control over such police and their training, discipline and interior economy:
Provided that nothing in Parts I to XIV of this Act shall be deemed to render such administrative officer a police officer. [ss. (4)]
(7) Where an administrative officer is invested with the powers and duties of an officer in charge of police he shall keep such books and render such returns as the Inspector-General may from time to time direct. [ss. (5)]
The Commissioner may with the consent of the Minister by writing under his hand, delegate any of his powers under Parts I to XIV of this Act so that the delegated powers may be exercised by the delegate with respect to the matters or class of matters specified or defined in the instrument of delegation.
Every officer in charge of a police station shall keep a general diary or occurrence book in such form as the Inspector-General may from time to time direct, and shall record therein all complaints and charges preferred, the names of all persons arrested and the offences charged against such persons, and shall also keep such further books and records and shall render such returns to the Inspector-General as he may from time to time direct.
Every officer in charge of police shall be responsible for all public stores and public moneys issued and delivered for the use of the members of the Force under his command and shall account for the same to the Inspector-General.
APPOINTMENT, ENLISTMENT, SERVICE AND DISCHARGE (ss 12-26)
(1) Gazetted officers shall be appointed by the Police Force and Prisons Service Commission established under the Police Force and Prisons Service Commission Act *.
(2) Inspectors and non-commissioned officers shall be appointed by the Inspector-General such manner as the Minister may direct and in accordance with such conditions (if any) as may be prescribed by this Act and any regulations or orders made hereunder.
Every inspector on appointment shall engage to serve in the Force for a probationary period of not less than two years continuous residential service and such additional period as may be fixed by the Inspector-General.
(1) Every constable and follower shall be enlisted to serve in the Force for a period of three years, or any such less period as may be fixed by the Minister.
(2) Every police cadet shall be enlisted to serve in the Force for a period of seven years, or any such less period as may be fixed by the Minister.
(3) No person who is under the age of eighteen years may be enlisted in the Force without the prior consent of his parent or guardian or, if his parent or guardian cannot be found, the prior approval of the District Commissioner of the district in which such person normally resides.
(1) Every police officer appointed or enlisted under the provisions of this Part shall, on joining the Force, make and sign a declaration before a magistrate or gazetted officer in such manner as he may declare to be most binding on his conscience in form No. 1 of the First Scheduled to this Act.
(2) Every police officer shall on such appointment or enlistment as aforesaid and before making the declaration required by subsection (1), answer truly any questions which may be put to him as to his previous service in the Force and as to whether he has at any time been convicted of an offence.
(3) Any person who wilfully makes a false statement in reply to a question put to him under subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding two hundred shillings or to imprisonment for one month.
Members of the Force of or below the rank of inspector shall be eligible for leave in accordance with regulations to be made under this Act.
(1) Every member of the Force of good character, other than a pensionable officer, who has completed his first period of enlistment may, with the approval of the Inspector-General, re-engage for a further period of not more than three years and may similarly re-engage for a third or any subsequent period until he has completed twelve years' service.
(2) Every such member of the Force referred to in subsection (1) may, with the approval of the Inspector-General, on completing such period of twelve years re-engage to serve for such further periods as may be fixed by the Inspector-General until he has completed a total period of twenty-one years' service.
(3) Every such member of the Force referred to in subsection (2) may, with the approval of the Inspector-General, on completing the period of twenty-one years continue in the Force in the same manner and in all respects as if his term of service were still unexpired, except that it shall be lawful for him, subject to the provisions of section 22, to claim his discharge at the expiration of three months after he has given notice, to the officer in charge of police at the place where he is stationed, of his wish to be discharged.
(1) Any member of the Force other than a pensionable officer may, with the approval of the Inspector-General, re-engage for service within six months after having received his discharge and, if the Inspector-General approves of his re-engagement, be entitled, subject to the existence of a vacancy, to the rank or grade which he held at the date of his discharge; and his service shall be deemed to be continuous for the purposes of pension or gratuity.
(2) If any such member of the Force is permitted to re-engage for service after the expiration of six months from the date of his discharge, the Inspector-General, may, subject to the approval of the Minister, allow his previous service or part thereof to count for the purposes of pension or gratuity, and the question of his reinstatement in the rank or grade which he held at the date of his discharge shall rest with the Inspector-General.
If any member of the Force other than a pensionable officer who has previously served as a police officer in a similarly constituted police service of any British colony or protectorate or protected State, or any trust territory under British administration, is enlisted in the Force within six months after having received his discharge from such previous service he shall, subject to the approval of the Minister, be allowed to count his period of previous service in such colony, protectorate, state or territory as if it had been service in the Force:
Provided that no member of the Force shall be permitted to count towards gratuity any period of service in respect of which a gratuity has been paid or a pension is being enjoyed from funds of such colony, protectorate or state.
No member of the Force below the rank of assistant superintendent shall be at liberty to resign from the Force while serving a period of engagement or re-engagement unless expressly permitted to do so by the Inspector-General or by some other officer authorised to grant such permission.
No member of the Force shall, without the consent of the Inspector-General, engage in any employment or office whatsoever otherwise than in accordance with his duties under this Act.
Notwithstanding any other provision of Parts I to XIV of this Act, any police officer whose period of service expires during a state of war, insurrection or hostilities may be retained and his service prolonged for such further period, terminating not later than six months from the cessation of such state of war, insurrection or hostilities, as the Minister may direct.
(1) Subject to the provisions of subsection (2) of this section, any member of the Force other than a gazetted officer may be discharged by the Inspector-General at any time–
(a) if the Inspector-General considers that he is unlikely to become or has ceased to be an efficient police officer;
(b) if he is certified by a Government medical officer to be mentally or physically unfit for further service in the Force;
(c) on purchase of his discharge, with the approval of the Inspector-General, at the rates set out in the Second Schedule to this Act:
Provided that if at the date of the purchase of discharge such officer or follower has not completed the period of service for which he was first enlisted he shall refund the whole or such portion of the cost (if any) as the Inspector-General may determine incurred by the Government in bringing him to the United Republic:
Provided further that the Inspector-General shall have power to waive the payment of the whole or a portion of the payment for purchase of discharge in such circumstances and upon such conditions as he shall deem fit;
(d) on reduction of establishment of the Force.
(2) No member of the Force of or above the rank of sub-inspector shall be discharged under this section without the approval of the Minister.
(3) The Minister may, at any time by order, amend the Second Schedule to this Act.
In reckoning the service of any member of the Force other than a pensionable officer for purposes of discharge there shall in all cases be excluded therefrom all periods during which such member of the Force has been absent from duty for any of the following reasons–
(a) imprisonment for any cause save that of detention awaiting any trial which has resulted in his acquittal or discharge;
(c) absence without leave exceeding forty-eight hours.
(1) Subject to the provisions of sections 17, 18, 19 and 22, every member of the Force,other than a pensionable officer, who has completed his period or periods of service in accordance with the provisions of Parts I to XIV of this Act, shall be discharged by the officer in charge of police at the place where he is stationed, unless at the date of such completion of service he is undergoing punishment for or stands charged with the commission of any offence against discipline under section 50, in which case his service shall be prolonged and his discharge deferred until such punishment shall have terminated or until he has undergone his trial and has been acquitted or has suffered any punishment which may be imposed in respect of the offence charged.
(2) Every such member of the Force shall on discharge, be granted a certificate of discharge in the prescribed form and shall, until he has received such a certificate of discharge, remain subject to the provisions of this Act.
(1) When a member of the Force ceases to belong to the Force, all powers and authorities vested in him shall immediately cease and determine and he shall forthwith deliver up to the person appointed by the Inspector-General for that purpose or to the officer in charge of police at the place at which he was last stationed all armed, ammunition, accoutrements, clothing, uniform and other appointments which have been supplied to him or entrusted to his care and which are the property of the Government.
(2) Any member of the Force who, having ceased to belong to the Force, fails to deliver up any arms, ammunition, accoutrements, clothing, uniform or other appointments as required by this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding four hundred shillings or to imprisonment for three months or to both such fine and such imprisonment, and the court may issue a warrant to search for and seize all such arms, ammunition, accoutrements, clothing, uniform and other appointments which shall not have been delivered up.
POWERS AND DUTIES OF POLICE OFFICERS (ss 27-46)
This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.