CHAPTER 280
TANZANIA FISHERIES RESEARCH INSTITUTE ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Section

Title

PART I
PRELIMINARY PROVISIONS

   1.   Short title.

   2.   Scope of application.

   3.   Interpretation.

PART II
THE TANZANIA FISHERIES RESEARCH INSTITUTE

   4.   Establishment of the Institute.

   5.   Vesting of centres and grant of title to land.

   6.   Functions of the Institute.

   7.   Composition and proceedings of Board.

   8.   Powers of Minister in relation to Board.

PART III
POWERS AND OPERATIONS OF THE INSTITUTE

   9.   Provisions relating to fisheries research.

   10.   Information on fisheries research to be furnished to the Institute.

   11.   Institute may call for information.

   12.   Chief Fisheries Officer in relation to research.

   13.   Regulations.

PART IV
ADMINISTRATIVE PROVISIONS

   14.   Appointment, functions and powers of Director-General.

   15.   Appointment of other staff, and management of Centres.

   16.   Power of Board to delegate.

   17.   Notification of orders, directions, etc.

   18.   Remuneration of members of Board.

   19.   Protection from personal liability.

   20.   Superannuation benefits.

   21.   Funds of the Institute.

   22.   Power of Board to charge fees.

   23.   Investment.

   24.   Power to borrow.

   25.   Annual and supplementary budget.

   26.   Accounts and audit.

   27.   Annual report.

   28.   Laying of accounts before National Assembly.

SCHEDULES

CHAPTER 280
THE TANZANIA FISHERIES RESEARCH INSTITUTE ACT

An Act to establish the Tanzania Fisheries Research Institute and to provide for its powers and operations in relation to the promotion and conduct of research in fisheries.

[1st August, 1980]
[G.N. No. 119 of 1980]

Acts Nos.
6 of 1980
2 of 1988

PART I
PRELIMINARY PROVISIONS (ss 1-3)

1.   Short title

   This Act may be cited as the Tanzania Fisheries Research Institute Act.

2.   Scope of application

   Any act or acts permitted or required by or under this Act to be done by the Institute, by any person in relation to or for the purposes of the Institute, for the purposes of promoting research in fisheries may be done within or in relation to any part of the territorial waters, or on or in relation to any part of the territory, of the United Republic, subject to the provisions of this Act or any other written law.

3.   Interpretation Act No. 2 of 1988 Sch.">

   In this Act, unless the context requires otherwise–

   "Board" means the Board of Directors of the Institute established by section 7;

   "Centre" means a Fisheries Research Centre established or deemed to have been established under section 5;

   "Chief Fisheries Officer" means the officer appointed under section 3 of the Fisheries Act *;

   "Director" means a Director of a Centre, appointed under section 15;

   "Director-General" means the Director-General of the Institute, appointed under section 14;

   "fish" means all forms of aquatic amphibian life (including turtles, crabs and shell fish) and includes the spat, brood, fry, spawn, ova and young of all fish, but does not include any aquatic or amphibious animal to which the Wildlife Conservation Act * applies, or the young of that animal;

   "fish disease" means diseases infectious or non-infectious among fish and includes furunculosis, pancreatic necrosis, viral haemorrhagic septicaemia, myxosoma, cerebralis, haematopoietic necrosis, ulcerative dermal necrosis, dropsy of cyprinids, spring viraemia, erythrodermatitis or other illness, infirmity, infection or impurity which would or is likely to make fish unfit for use or consumption by man;

   "fish farm" means any pond, stew, hatchery or other place used for keeping, with a view to their sale or transfer to other waters (including any other fish farm), live fish, eggs of fish, or foodstuffs for fish, and includes any buildings used in connection with it and the banks and margins of any water in it;

   "fish product" means anything made, collected or obtained from fish, and includes fish meal, dried fish, fish manure, offal, fish silage, canned fish, oil or any fish, pearl, mother-of-pearl, shell, bêche de mer, ambergris, larva and sponge;

   "fisheries" means the places connected with, and activities comprised in the fishing industry, including the technical or scientific objects, acts, processes or systems relating to–

   (a)   the business of fishing;

   (b)   the construction or creation of spawning grounds or fish farms for the purposes of taking or facilitating the taking of fish;

   (c)   the manufacture of articles or things connected with or for the purposes of the fishing industry;

   (d)   the control of fishing;

   (e)   the creation, grant and determination of fishing rights;

   (f)   the reproduction or multiplication of fish;

   (g)   the preparation of fish foods or the manufacture or use of fish products, and

   (h)   the investigation, prevention or control of the occurrence of fish disease;

   "fishing" means the collection, capture, gathering, killing, snaring or trapping of fish, fish product or aquatic flora;

   "fishing gear" means any net, line, cork, buoy, basket, trap, hook or other article, apparatus, structure, construction or installation of any kind used for the purpose of fishing;

   "fishing industry" includes the collection, capture or gathering of fish, fish products or aquatic flora, the manufacture of fish products, the processing of fish products or aquatic flora and the manufacturing of fish products and products of aquatic flora;

   "fishing vessel" means any boat or other aquatic or amphibious craft or vehicle used, outfitted or designed for the purpose of collecting capturing, gathering, processing or transporting fish, whether operating on above or below water;

   "fishing weir" means any erection, structure, construction or obstruction of any kind placed across or in any waters and temporarily or permanently fixed to or resting on the bed or a bank, which is designed for the purpose of collection, gathering, capturing, killing or injuring of fish, fish product or aquatic flora, and includes stake nets and basket traps;

   "Institute" means the Tanzania Fisheries Research Institute, established by section 4;

   "member" in relation to the Board, means a member of the Board and includes the Chairman and the Vice-Chairman;

   "Minister" means the Minister responsible for fisheries.

PART II
THE TANZANIA FISHERIES RESEARCH INSTITUTE (ss 4-8)

4.   Establishment of the Institute

   (1) There is hereby established an Institute to be known as the Tanzania Fisheries Research Institute.

   (2) The Institute shall be a body corporate and shall–

   (a)   have perpetual succession and an official seal;

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

   (c)   subject to this Act, be capable of holding, purchasing, or acquiring in any other way, any movable or immovable property, and of disposing of any of its property.

5.   Vesting of centres and grant of title to land

   (1) The Centres specified in the First Schedule to this Act shall be deemed to have been established under this section, and the control and management of their business and affairs is hereby vested in the Institute.

   (2) The Minister may, by order published in the Gazette, amend, add to, vary or replace the names of and the Centres specified in the First Schedule to this Act.

   (3) The Minister may, after consultation with the Board, by order published in the Gazette, declare any fishing vessel, fish farm, fishing weir, and the appurtenances to it, or any place or area to be a Centre for the purposes of research in fisheries under this Act, and vest in the Institute the control and management of the business and affairs of that Centre.

   (4) The Institute shall be granted a right of occupancy over the land or, as the case may be, an incorporeal fishery over the waters, on or in which a Centre exists or is, or is intended to be established, upon such terms and conditions as the President may approve, subject to subsections (5), (6) and (7).

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