CHAPTER 161
TROPICAL PESTICIDES RESEARCH INSTITUTE ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Section

Title

PART I
PRELIMINARY PROVISIONS

   1.   Short title.

   2.   Interpretation.

PART II
THE TROPICAL PESTICIDES RESEARCH INSTITUTE

   3.   Establishment of the Institute.

   4.   Functions of the Institute.

   5.   Vesting of the East African Tropical Pesticides Research Institute and the East African Pesticides Control Organisation and provisions relating to land.

PART III
ADMINISTRATION

   6.   The Council of the Institute.

   7.   Power and duties of the Council.

   8.   Director of the Institute.

PART IV
OPERATIONS OF THE INSTITUTE

   9.   Research Committees and provisions relating to research.

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

   11.   Institute may call information on pesticides research.

   12.   Provisions relating to discoveries.

   13.   Pesticides Approval and Registration Technical Committees.

   14.   Programmes of the Institute.

PART V
PESTICIDES CONTROL

   15.   Register of pesticides.

   16.   Applications for registration of pesticides and cancellation of registrations.

   17.   Appeals.

   18.   Publication in the Gazette of list of pesticides.

   19.   Manufacture, importation, sale, of unregistered pesticides and offences.

   20.   Labelling of registered pesticides.

   21.   Appointment of and powers of, inspectors and analysts.

   22.   Obstruction.

   23.   Taking and submission of sample for analysis.

   24.   Division and analysis of sample.

   25.   Giving false information, in connection with manufacture, importation or sale of pesticides and offences.

   26.   Unlawful disclosure of information and offences.

   27.   Disclosure of information by the Institute.

   28.   Power of court to make orders.

   29.   Evidence .

   30.   Criminal liability of bodies corporate and their officers.

PART VI
FINANCIAL PROVISIONS

   31.   Funds and resources of the Institute.

   32.   Annual and supplementary budget.

   33.   Investment.

   34.   Power to borrow.

   35.   Accounts and audit.

   36.   Annual statement of accounts and report to be submitted to the Minister.

   37.   Annual statement and report to be laid before the National Assembly.

PART VII
MISCELLANEOUS PROVISIONS

   38.   Remuneration of members of the Council.

   39.   Delegation of powers by the Council.

   40.   Liabilities of members of the Council.

   41.   Regulations.

   42.   Offences for which a penalty is not specifically provided in the Act.

   43.   Powers of exemption.

SCHEDULES

CHAPTER 161
THE TROPICAL PESTICIDES RESEARCH INSTITUTE ACT

An Act to establish the Tropical Pesticides Research Institute, to provide for research and pesticides control, the functions of the Institute and for related matters.

[1st February, 1980]
[G.N. No. 48 of 1980]

Act No. 18 of 1979

PART I
PRELIMINARY PROVISIONS (ss 1-2)

1.   Short title

   This Act may be cited as the Tropical Pesticides Research Institute Act.

2.   Interpretation

   In this Act, unless the context requires otherwise–

   "analyst" means any person appointed as an analyst under section 21;

   "Council" means the Council of the institute established under section 6(2);

   "Director" means the Director of the Institute appointed under section 8(1);

   "export" means to be taken or cause to be taken out of the United Republic;

   "financial year" means any period not exceeding twelve consecutive months designated in that behalf by the Council:

   Provided that the first financial year after the commencement of this Act shall commence on the date of commencement of this Act and may be of a period longer or shorter than twelve months;

   "import" means to bring or cause to be brought into the United Republic;

   "inspector" means any person appointed as an inspector under section 21;

   "Institute" means the Tropical Pesticides Research Institute established by section 3;

   "member" in relation to the Council means a member of the Council and includes the Chairman and the Vice Chairman;

   "Minister" means the Minister responsible for Agriculture;

   "pesticide" means any matter of any description (including acaricides, arboricides, herbicides, insecticides, fungicides, molluscicides, nematicides, hormonal sprays and defoliants) used or intended to be used, either alone or together with other material or substance–

   (a)   for the control of weeds, pests and disease in plants; or

   (b)   for the control of external vectors of veterinary or medical disease and external parasites of man or domestic animals; or

   (c)   for the protection of any food intended for human or animal consumption;

   "register" means the register of pesticides maintained under section 15 and "registrar" and "registration" shall be construed accordingly.

PART II
THE TROPICAL PESTICIDES RESEARCH INSTITUTE (ss 3-5)

3.   Establishment of the Institute

   (1) There is hereby established a body corporate to be known as the Tropical Pesticides Research Institute.

   (2) The Institute shall–

   (a)   have perpetual succession and as an official seal;

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

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

4.   Functions of the Institute

   (1) The functions of the Institute shall be–

   (a)   to carry out, and promote the carrying out, of research, and to evaluate and disseminate the findings on the fundamental aspects of pesticides application and behaviour in relation to the control of tropical pests by both ground and aerial spraying techniques in the fields of–

      (i)   agricultural entomology;

      (ii)   plant pathology;

      (iii)   bird pests;

      (iv)   rodents;

      (v)   tsetse entomology;

      (vi)   mosquito entomology;

      (vii)   malacology;

      (viii)   ticks;

      (ix)   pesticides toxicology;

      (x)   chemistry;

      (xi)   physics;

      (xii)   engineering;

      (xiii)   botany;

      (xiv)   environmental pollution; and

      (xv)   photographic service;

   (b)   to establish and maintain a National Herbarium to render services to other institutions in the United Republic and to carry out taxonomic research;

   (c)   to establish a plant quarantine station to handle all phytosanitary matters in the United Republic;

   (d)   to carry out other functions within its jurisdiction as may be conferred upon it by or under this Act or any other written law; or

   (e)   to do anything which may be necessary to uphold the credit of the Institute and of its research findings, to obtain and justify public confidence, to avert or minimise any loss to the Institute and to facilitate the proper and efficient performance of its functions.

   (2) In particular, but without prejudice to the generality of subsection (1), the Institute shall, for the purpose of ensuring effectiveness of pesticides, use in the production of crops, fibres, livestock and for the protection of public health and safety–

   (a)   supervise and regulate the manufacture, importation, distribution, sale and use of pesticides in the United Republic; or

   (b)   administer regulations made under the provisions of this Act.

   (3) For the purposes of the better performance of its functions the Institute shall establish and maintain a system of collaboration with the Tanzania Commission for Science and Technology established by the Tanzania Commission for Science and Technology Act *, and with any other person or body of persons established by or under any written law and having functions related to those specified in subsection (1) or (2) or which relate to pesticides research or scientific research or scientific development generally.

5.   Vesting of the East African Tropical Pesticides Research Institute and the East African Pesticides Control Organisation and provisions relating to land

   (1) The control and management of the East African Pesticides Research Institute and East African Pesticides Control Organisation shall, from the date of commencement of this Act, and without further assurance, vest in the Institute.

   (2) The Minister may, after consultation with the Council, by order in the Gazette, declare any research Institute or establishment or part of it where scientific research is conducted or in which it is intended to conduct scientific research, sponsored by or on behalf of the Government, to be a research institute or research centre or experiment station and vest in the Institute the management and control of that institute, centre or experiment station.

   (3) The Institute shall be granted a right of occupancy over the land over which it is established upon such terms and conditions as the President may approve, subject to subsections (4) and (5).

   (4) Until a right of occupancy is granted it shall be lawful for the Institute to exercise in relation to the land over which it is established, all the rights necessary for the performance of its functions which the owner of the right of occupancy may lawfully exercise over land comprised in the right of occupancy granted to him, and the fact that no right of occupancy has been granted to the Institute shall not affect the validity of anything done or omitted bona fide by any person in the execution of his duties under this Act.

   (5) No fee or duty shall be charged or payable in respect of the issue to the Institute of a certificate in respect of a right of occupancy granted in accordance with this section.

PART III
ADMINISTRATION (ss 6-8)

6.   The Council of the Institute

   (1) There shall be established a Council of the Institute which shall subject to this Act, be responsible for the performance of functions and management of the affairs of the Institute.

   (2) The provisions of the First Schedule to this Act shall have effect in respect of the constitution of the Council, its proceedings and other matters relating to it.

   (3) Save in the case of matters relating to the office and appointment of the Chairman of the Council and the Director of the Institute, the Minister may, by order published in the Gazette, amend, add to, vary or replace any of the provisions of the First Schedule to this Act.

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