8.02 - RELEASE AS OF RIGHT

    (1) Section 35 of the National Defence Act * provides in part–

        "34. (1) Subject to the provisions of this section and except during an emergency or when he is on active service or as otherwise provided in this Act, an officer or man is entitled to be released at the expiration of the term of service for which he is enrolled.".

    (2) In any case where the Chief of the Defence Forces considers it appropriate so to do, he may direct, that for purposes of determining whether an officer or man has completed the term of service for which he was enrolled, all periods during which that officer or man has been absent from duty by reason of–

    (a)    imprisonment;

    (b)    desertion; or

    (c)    absence without leave,

shall be taken into consideration and reckoned towards the completion of the said term of service.

    (3) Subject to paragraph (1) of this subregulation no officer or man may claim his release as of right except–

    (a)    an officer not on active service by reason of an emergency–

        (i)    under item 4(a) (On Request - Eligible for Pension) of the table to subregulation 8.01 and who has not agreed to serve for a longer period of time in respect of a course to which subregulation 8.13 - "Restrictions - Voluntary Release" applies; or

        (ii)    under item 4(c) (On Request - Other Causes) of the table to subregulation 8.01, if he is an officer cadet who, not having consented to such reversion, requests his voluntary retirement where he will otherwise be reverted to the rank from which he was promoted to officer cadet; or

    (b)    a man not on active service by reason of an emergency under item 4(a) (On Request - Eligible for Pension) of the table to subregulation 8.01.

8.03 - EFFECTIVE DATE OF RELEASE

    The effective date of release shall–

    (a)    in the case of a punishment awarded by a court-martial of dismissal with disgrace from the Defence Forces or dismissal from the Defence Forces, be as soon as practicable after approval of the punishment; and

    (b)    in all other cases–

        (i)    be set by the approving authority; or

        (ii)    if no date has been set by the approving authority, be as soon as practicable after release is approved.

8.04 - PLACE OF RELEASE

    (1) Except as prescribed in paragraphs (2) and (3) of this article, an officer or man shall be released in Tanzania.

    (2) An officer or man who is serving outside Tanzania at the time his release is approved may, if he so requests, be released at the place where he is serving if prior approval is obtained from the Chief of the Defence Forces.

    (3) The provisions of paragraph (1) of this subregulation shall not apply to an officer or man who is released as a consequence of imprisonment beyond Tanzania following conviction by the civil power.

8.05 - RETENTION OF PERSONNEL ELIGIBLE FOR RELEASE ON MEDICAL GROUNDS

    An officer or man of the Regular Force who is suffering from a disease or injury which necessitates his release as medically unfit may, at the discretion of the Chief of the Defence Forces be retained for prolonged treatment, institutional care or medical observation for a further period of not more than six months, at the end of which time he shall be released unless otherwise directed by the Minister.

8.06 - RELEASE AS MEDICALLY UNFIT

    When an officer or man is to be released as medically unfit, he shall if he requires treatment or institutional care be referred to the Ministry of Health and, subject to subregulation 8.05, his release shall be completed as soon as possible after that reference.

8.07 - RELEASE OF FEMALES ON MARRIAGE

    A female person enrolled in the Defence Forces shall, if she marries, be released under Item 5(d) (Unsuitable for Further Service) of the table to subregulation 8.01 (Release of Officers and Men) unless, in the opinion of the Chief of the Defence Forces, her continued employment is in the best interests of the service.

8.08 - REPORTING OF CLAIMS

    (1) When forwarding an application for the release of an officer or man, the commanding officer shall report any outstanding or potential public, or institute claim against the officer or man and shall furnish proof of that claim.

    (2) When release has been approved the commanding officer shall report to Defence Forces Headquarters any claim described in paragraph (1) of this subregulation which will not be liquidated on or before the proposed date of release.

8.09 - COMPULSORY RELEASE AGES - OFFICERS

    (1) Subject to paragraphs (2), (3) and (4) of this article, an officer of the Defence Forces (Regular) shall be released on reaching the age limit prescribed for his substantive rank in the table to this subregulation.

    (2) An officer of the Defence Forces (Regular) who is a chaplain shall not be subject to release by reason only of his age until he has reached the age of fifty-five years.

    (3) Subject to paragraph (4) of this subregulation, an officer of the Defence Forces (Reserve Components) shall be released on reaching the age limit prescribed by the Chief of the Defence Forces.

    (4) In exceptional circumstances, the retention of an officer beyond the compulsory release age prescribed for his rank, may be authorized–

    (a)    by the Defence Forces Committee; or

    (b)    if the officer is below the rank of major, by the Chief of the Defence Forces.

    (5) When any part of the Defence Forces is on active service by reason of an emergency, the compulsory release ages for officers of all components shall be such as the Minister may prescribe.

TABLE TO SUBREGULATION 8.09

8.10 - COMPULSORY RELEASE AGES - MEN

    (1) Subject to paragraphs (3) and (4) of this subregulation, a man of the Defence Forces (Regular) shall be released when he reaches the age limit prescribed for his substantive rank shown in Table "A" to this subregulation, whether or not his current engagement has expired.

    (2) Subject to paragraphs (3) and (4) of this subregulation, a man of the Defence Forces (Reserve Components) shall be released on reaching the age limit prescribed by the Chief of the Defence Forces, whether or not his current engagement has expired.

    (3) The Chief of the Defence Forces may in exceptional circumstances authorize the retention of a man beyond the compulsory release age prescribed for his rank.

    (4) When any part of the Defence Forces are on active service by reason of an emergency, the compulsory release ages for men of all components of the Defence Forces shall be such as the Minister may prescribe.

TABLE TO SUBREGULATION 8.10

8.11 - VOLUNTARY RELEASE - OFFICERS

    (1) Every application by an officer for release under Item (4) (Voluntary) of the table to subregulation 8.01 (Release of Officers and Men) shall be made in writing through the commanding officer who shall add his recommendations when forwarding the application to Defence Forces Headquarters.

    (2) When the application is being made under (c) of Item (4) (On Request - Other Causes) of the table to subregulation 8.01 the application shall state the good and substantial reasons for which release is sought.

    (3) When a commanding officer recommends such a release, he shall certify that his recommendation is not made for the purpose of allowing the applicant to avoid the consequences of his inefficiency, unsuitability or misconduct.

    (See also subregulation 8.13 - Restrictions - Voluntary Release.)

8.12 - RELEASE ON REQUEST - MEN

    The release of a man under Item 4(c) (Voluntary - On Request - Other Causes) of the table to subregulation 8.01 (Release of Officers and Men) shall not be approved unless–

    (a)    the applicant has good and substantial reasons for seeking his release and the exigencies of the Service permit;

    (b)    the applicant is not on active service by reason of an emergency;

    (c)    the cost of his transportation from his home to his place of enrolment is refunded if release is applied for within the first year of an initial engagement; and

    (d)    he pays the amount prescribed in the table to this subregulation if the Chief of the Defence Forces so directs.

TABLE TO ARTICLE 8.12

8.13 - RESTRICTIONS - VOLUNTARY RELEASE

    (1) The Chief of the Defence Forces may prescribe those courses of not less than six months' duration in respect of which an officer or man who has attended on duty shall not be released on his request, under Item 4 of the table to subregulation 8.01, unless he has served the minimum period as determined by the Chief of the Defence Forces. That period will not be of less than three years' duration nor more than nine years and shall commence to run following the day the officer or man completes the course or is removed after having been on the course for a minimum period of six months.

    (2) Where, in the opinion of the Chief of the Defence Forces, special and unforeseen circumstances require that an officer or man apply for his release prior to the completion of the minimum period of service determined pursuant to paragraph (1) of this subregulation, his release may be approved but only if he refunds the portion of the cost incurred by the public for his attendance determined under paragraphs (3) and (4) of this subregulation.

    (3) Where, under paragraph (2) of this subregulation, a portion of the cost incurred by the public is to be reimbursed, that portion shall be assessed on the following basis:

    (a)    the total cost incurred by the public in providing the course, if the release occurs within three years of the commencement of the required minimum period of service; or

    (b)    that part of the cost incurred by the public that is equivalent in ratio of the number of years still to be served (part of a year being reckoned as a full year), to the total number of years of the minimum period of service, if the release occurs within the required minimum period of service but more than three years after commencement of that period.

    (4) The cost incurred by the public on which reimbursement shall be based shall be–

    (a)    the amount paid by the Government of Tanzania either directly to the institution, agency or Government providing the instruction or by reimbursement of the officer or man concerned for fees or any other costs arising out of or attributable to his attendance under instruction, provided that:

        (i)    in the case where the officer or man attended a course of instruction at a Defence Forces institution the cost shall be as prescribed in regulations governing the institution or in the absence of the regulations as may be determined by the Minister;

        (ii)    in the case of an officer or man attending an institution pursuant to an agreement between the Government of Tanzania and another government or institution where by the costs are born by that other Government or institution, the costs shall be deemed to have been incurred by the public; and

    (b)    except for any period during which the officer or man performed normal Defence Forces duties, pay and allowances (including any pay and allowances paid other than by the Government of Tanzania) for the period for which he attended the course, but not including–

        (i)    transportation and travelling expenses provided to send him and his dependants, furniture and effects to or from the course;

        (ii)    any assisted leave transportation benefits extended to him; or

        (iii)    income tax deductions or other nationally levied deductions applicable to that period.

    (5) Notwithstanding the provisions of this subregulation the Minister may authorize a reduction in the portion to be refunded by the officer or man to any reasonable part of the cost incurred by the public which he may consider appropriate, having due regard to the special and unforeseen circumstances.

(8.14 TO 8.25 INCLUSIVE: NOT ALLOCATED)

RULE 2 - MISCELLANEOUS

8.26 - RELEASE FOR FRAUDULENT ENROLMENT

    (1) A man may be released under the provisions of item (1)(d) (Fraudulent Statement on Enrolment) of the table to subregulation 8.01 (Release of Officers and Men) who, after enrolment, is found to have–

    (a)    failed to disclose on enrolment that he was in a state of desertion from or belonged to the Police Force, the Prisons Service or the National Service; or

    (b)    failed to disclose on enrolment that he was in a state of desertion from any former unit of the Kings African Rifles or was in a state of desertion from or belonged to any other military force; or

    (c)    made any fraudulent statement except as to age in the documents signed by him on enrolment.

    (2) The commanding officer shall–

    (a)    in the case described in paragraph 1(a) of this subregulation, report the matter to Defence Forces Headquarters which shall–

        (i)    ascertain from the Headquarters of the organization to which the man belonged whether it is desired to claim him under his original engagement; and

        (ii)    if he is claimed, order the immediate release of the man; or

        (iii)    if he is not claimed, instruct the commanding officer as to the man's disposal;

    (b)    in a case described in paragraph (1)(b) or;

    (c)    of this article report the particulars to Defence Forces Headquarters for direction.

    (3) In the case described in paragraph (1)(a) of this subregulation the man who is–

    (a)    claimed by the organization to which he belongs shall be required to refund the amount of any debit balance remaining in his account on release; or

    (b)    not claimed by this former organization and is retained in the Defence Forces shall be required to refund any sums that are due to the Government of Tanzania from him under regulations of his former organization.

8.27 - NOTICE OF INTENDED RELEASE

    (1) When it is proposed to recommend the release of an officer other than an officer cadet under–

    (a)    Item 1(b) (Service Misconduct) or 1(d) (Fraudulent Statement on Enrolment); or

    (b)    Item 2 (Unsatisfactory Service); or

    (c)    Item 5(d) (Unsuitable for further Service),

of the table to subregulation 8.01 (Release of Officers and Men), the commanding officer shall furnish the officer concerned with a written statement of the reasons for the proposed recommendation. He shall require the officer to reply in writing within fourteen days stating either the officer's objections to the proposed recommendation or that he has no objections to make.

    (2) If an officer to whom notice of intended release has been furnished under paragraph (1) of this subregulation does not reply in writing within fourteen days, his failure to reply shall constitute an admission by him that he has no objection to the proposed release.

    (3) The recommendation for release together with either the reply of the officer concerned or a statement that he has failed to make a reply shall be forwarded to Defence Forces Headquarters.

    (4) Nothing in this subregulation shall require notice to be given to an officer whose release is being considered on the grounds of–

    (a)    having been convicted by the civil power, when the officer has been committed to undergo a sentence of imprisonment; or

    (b)    marriage (see subregulation 8.07 - Release of Females on Marriage).

8.28 - RETIRED LIST

    (1) A list designated the "Retired List" shall be maintained at Defence Forces Headquarters.

    (2) An officer who is honourably released after having completed ten or more years in the Defence Forces may, with the approval of the Chief of the Defence Forces, have his name entered on the Retired List.

    (3) The name of a former officer entered on the Retired List shall be carried throughout his lifetime except that it may be removed because of his misconduct.

    (4) The rank shown against the name of an officer on the Retired List shall be the substantive or temporary rank held by him on the date of his release.

    (5) A former officer whose name is entered on the Retired List shall have the privilege of using the title of his rank and shall include the word "(Retired)" immediately after his name.

(8.29 TO 8.30 INCLUSIVE: NOT ALLOCATED)

RULE 3 - REINSTATEMENT OF OFFICERS AND MEN

8.31 - REINSTATEMENT

    (1) Section 37 of the National Defence Act * provides as follows:

        "37. Subject to Defence Forces Regulations, where an officer or man has been released from the Defence Forces by reason of a sentence of dismissal or a finding of guilty by a service tribunal or any court, and the sentence or finding ceases to have force and effect as a result of a decision of a competent authority, the release may, with the consent of the officer or man concerned, be cancelled, and he shall then, except as provided in Regulations, be deemed for the purposes of this Act, or any other written law, not to have been so released.".

    (2) Subject to paragraph (3) of this subregulation, where an officer or man has been released by reason of a sentence of dismissal or a finding of guilty by a service tribunal or any court, and the sentence or finding ceases to have force and effect as a result of a decision of a competent authority, the Minister, within eighteen months of the release, or the President at any time, may, with the consent of the officer or man concerned, cancel that release.

    (3) The pay and allowances of an officer or man whose release is cancelled under paragraph (2) of this subregulation shall be subject to any forfeitures and deductions which may be specified in regulations.

    (4) An officer or man whose release has been cancelled pursuant to paragraph (2) of this subregulation shall be entitled to the benefits as may be prescribed in regulations.

(8.32 TO 8.99 INCLUSIVE: NOT ALLOCATED)

REGULATION 9
LEAVE

(Refer carefully to the Definitions when reading every regulation)

RULE 1 - GENERAL

9.01 - WITHHOLDING OF AND RECALL FROM LEAVE

    (1) Leave may be withheld only by reason of the exigencies of the service.

    (2) An officer or man on leave may be recalled to duty at any time.

9.02 - INVOLUNTARY ABSENCE FOLLOWING LEAVE

    (1) An officer or man who is unable through circumstances beyond his control to return to his place of duty at the expiration of his leave shall–

    (a)    where practical report the circumstances and the expected date of return to the commanding officer of the nearest unit; and

    (b)    on returning to his place of duty present proof, including a medical certificate if applicable, of the circumstances that have precluded his earlier return.

    (2) A commanding officer to whom a report is made under paragraph (1)(a) of this subregulation shall communicate by message full particulars to the commanding officer of the officer or man concerned.

9.03 - PERMISSION TO PROCEED TO ANOTHER COUNTRY ON LEAVE

    (1) Except when authorized under paragraph (2) of this subregulation, an officer or man on leave shall not proceed beyond Tanzania or the country in which he is serving.

    (2) An officer or man on leave may be authorized to proceed–

    (a)    subject to any limitations prescribed by the Chief of the Defence Forces to Kenya or Uganda by the authority granting his leave; or

    (b)    to a country not mentioned in subparagraph (a) of this paragraph, by the Chief of the Defence Forces or any other officer which he may designate.

(9.04 TO 9.10 INCLUSIVE: NOT ALLOCATED)

RULE 2 - LEAVE

9.11 - APPLICATION OF SUBREGULATION

    Leave under the provisions of this Subregulation shall be granted only to an officer or man of–

    (a)    the Regular Force; and

    (b)    the Reserve Forces when he is on active service, or performing continuing full time service for a period of not less than six months.

9.12 - LEAVE YEAR

    The leave year shall be from the first day of July to the thirtieth day of June.

9.13 - AUTHORIZATION OF LEAVE - SPECIAL CASES

    Leave may be granted to–

    (a)    commanding officers of units comprised in a formation, by the Formation Commander concerned;

    (b)    formation commanders and commanding officers of units not comprised in a formation, by the Chief of the Defence Forces; and

    (c)    any officer not included in subparagraph (a) or (b) by the Chief of the Defence Forces or any other officer as he may designate.

9.14 - ANNUAL LEAVE

    (1) Annual leave up to a maximum of thirty days in each leave year may be granted to an officer or man by the commanding officer.

    (2) If approval is granted by or under the authority of the Chief of the Defence Forces, annual leave in respect of one leave year may, in special circumstances, be taken in the subsequent year.

    (3) Annual leave shall not be granted following enrolment until the completion of six months' paid service or the completion of training whichever is the longer, except–

    (a)    leave included in a training syllabus; or

    (b)    for urgent and exceptional personal reasons; or

    (c)    when leave is in the best interest of the service.

    (4) Leave corresponding to annual or compassionate leave taken in respect of the current leave year and authorized by another force to which an officer or man has been attached or seconded shall be deducted from the annual leave permissible under paragraph (1) of this subregulation.

    (5) An officer or man of the Reserve Forces when employed on continuing full time service for a period of not less than six months may be granted annual leave on the basis of two and one half days for each month served. This leave shall be taken during the period of continuing full time service.

(9.15 - NOT ALLOCATED)

9.16 - SICK LEAVE

    (1) An officer or man may be granted sick leave not exceeding–

    (a)    thirty days by a commanding officer; or

    (b)    183 days by the Chief of the Defence Forces or by an officer designated by him, including any leave granted under paragraph (a) of this paragraph, on the recommendation of a medical board, or, where leave is for not more than thirty days, on the recommendation of a medical officer.

    (2) An officer or man who has been absent on sick leave shall report to the medical officer immediately on return to the unit.

    (3) Sick leave shall not be granted to an officer or man who is about to be released on medical grounds or for any other reason.

9.17 - COMPASSIONATE LEAVE

    (1) An officer or man may be granted compassionate leave not exceeding–

    (a)    fourteen days by a commanding officer;

    (b)    sixty days by the Chief of the Defence Forces or an officer designated by him, including any leave granted under subparagraph (a) of this paragraph; or

    (c)    ninety days, including any leave granted under subparagraph (a) of this paragraph, by the Defence Forces Committee.

    (2) Compassionate leave may be granted only for urgent and exceptional personal reasons and shall be counted against any portion of the officer's or man's annual leave that has not been taken.

9.18 - VERIFICATION OF GROUNDS - FOR COMPASSIONATE LEAVE

    When an officer or man applies for compassionate leave, the commanding officer shall–

    (a)    in normal cases verify to his satisfaction the grounds upon which the leave is requested before granting it; and

    (b)    in cases of apparent urgency grant the leave and instruct the applicant to furnish definite verification of the grounds on his return from leave.

9.19 - SPECIAL LEAVE

    An officer or man may be granted special leave–

    (a)    not exceeding thirty days by or under the authority of the Chief of the Defence Forces; or

    (b)    for any period by or under the authority of the Defence Forces Committee.

(9.20 TO 9.23 INCLUSIVE: NOT ALLOCATED)

9.24 - ADDITIONAL LEAVE FOR TRAVELLING TIME

    (1) Additional leave for travelling time may be granted by the leave authority, in accordance with paragraphs (2) and (3) of this subregulation, to an officer or man who intends to spend his leave at a place more than twenty-four hours distant by the most direct railroad or steamship route from his unit or formation. Additional leave granted under this subregulation shall not count against other leave.

    (2) Subject to paragraph (3) additional leave granted under this subregulation shall only be granted once in each leave year, and shall not exceed ten days.

    (3) When an officer or man proceeds on special leave prior to embarkation for, or after disembarkation from service outside continental Africa, or any other countries within continental Africa which may be designated by the Chief of the Defence Forces the commanding officer may grant additional leave for travelling time, not in excess of ten days.

    (4) Additional leave for travelling time granted pursuant to this subregulation shall be subject to any conditions which may be imposed by the Chief of the Defence Forces.

9.25 - LEAVE WITHOUT PAY AND ALLOWANCES

    (1) An officer or man may be granted leave without pay and allowances–

    (a)    not exceeding fourteen days by a commanding officer; or

    (b)    not exceeding ninety days by the Chief of the Defence Forces or an officer designated by him; or

    (c)    for any period by or under the authority of the Defence Forces Committee.

    (2) Except that the Chief of the Defence Forces may, if he considers it in the best interest of the service, otherwise direct, a period of leave without pay shall not count for–

    (a)    seniority;

    (b)    promotion;

    (c)    award of good conduct medals or badges; or

    (d)    any other service purpose.

(9.26 TO 9.29 INCLUSIVE: NOT ALLOCATED)

RULE 3 - GRANTING OF A PASS

9.30 - AUTHORITY AND CONDITIONS

    (1) A pass may be granted to an officer or man by a commanding officer.

    (2) A pass shall not be–

    (a)    granted for a period of forty-eight hours more often than once in each month;

    (b)    granted for a period in excess of forty-eight hours except that the period may be extended by inclusion of an official holiday observed by the Defence Force;

    (c)    granted consecutively with another pass; or

    (d)    reckoned against annual leave.

(9.31 TO 9.99 INCLUSIVE: NOT ALLOCATED)

REGULATION 10
DRESS AND APPEARANCE

(Refer carefully to the Definitions when reading every regulation)

RULE 1 - GENERAL

10.01 - UNIFORMS

    Officers and men of the Defence Forces shall wear the uniform prescribed by the Chief of the Defence Forces.

10.02 - PERSONAL APPEARANCE

    The dress and appearance of officers and men shall on all occasions be such as to reflect credit on the Defence Forces.

10.03 - BEARDS AND MOUSTACHES

    Beards shall not be worn by officers and men but moustaches may be worn subject to any restriction ordered by the Chief of the Defence Forces.

10.04 - WHEN UNIFORM TO BE WORN

    (1) Unless the Chief of the Defence Forces directs otherwise–

    (a)    officers and men on duty shall wear uniform; and

    (b)    officers and men not on duty may wear civilian clothes.

    (2) An officer or man who desires to wear uniform while on leave outside Tanzania shall request permission to do so at the time he applies for that leave.

    (3) When a request for permission to wear uniform is made under paragraph (2) of this subregulation, the authority having power to approve the leave–

    (a)    may, subject to any restrictions imposed by the Chief of the Defence Forces, approve the request if the leave is to be spent in–

        (i)    Kenya or Uganda;

        (ii)    other countries of the Commonwealth; and

        (iii)    countries in which Defence Forces are stationed in accordance with any instrument entered into by Tanzania; and

    (b)    shall, in all other cases, refer the request to Defence Forces Headquarters.

    (4) When permission is granted to wear uniform on leave outside Tanzania, the authority granting the leave shall record the permission on the leave form and, when permission has been given under paragraph (3)(b) of this subregulation–

    (a)    if the authority granting the leave is outside Tanzania, he shall–

        (i)    inform the Tanzanian authority in the country concerned; or

        (ii)    if there is no Tanzanian representative in the country concerned, inform the representative of the country handling Tanzanian affairs in the country concerned; and

    (b)    if the authority granting the leave is in Tanzania, the Chief of the Defence Forces shall cause the Ministry of Foreign Affairs to be notified.

(10.05 - NOT ALLOCATED)

10.06 - WEARING OF UNIFORM - RESTRICTIONS

    (1) Except that he may wear a military uniform of obsolete pattern that is not likely to be confused with current dress, no officer or man shall wear any part of a military uniform at a fancy dress ball.

    (2) No officer or man of the Reserves shall wear uniform except when he is–

    (a)    on duty; or

    (b)    attending a military entertainment or a ceremony at which the wearing of uniform is appropriate.

    (3) A former officer or man released other than by reason of misconduct may wear uniform–

    (a)    with the permission of the commanding officer of the unit of the Defence Forces situate nearest to his place of residence, when attending a military entertainment or a ceremony at which the wearing of uniforms is appropriate; or

    (b)    on other occasions with the permission of the Chief of the Defence Forces.

10.07 - WEARING OF UNIFORM IN THEATRICAL PRODUCTIONS

    If he is satisfied that no discredit to the Defence Forces will ensue, the Chief of the Defence Forces or any other officer whom he may designate, may authorize any person to wear uniform in a theatrical production, stage play or other public performance.

10.08 - PROVISIONS OF UNIFORM

    (1) Except for the clothing allowances as may be payable under Regulations, commissioned officers of the Defence Forces (Regular) shall, at their own expense, provide themselves with and maintain articles of uniform in the required quantities and according to appropriate sealed pattern.

    (2) Subordinate officers of the Defence Forces (Regular) and officers of the Volunteer Reserve, shall be provided with articles of uniform in accordance with orders issued by the Chief of the Defence Forces.

    (3) Men of the Defence Forces shall be provided with articles of uniform in accordance with orders issued by the Chief of the Defence Forces.

10.09 - WEARING OF ACCESSORIES WITH UNIFORM

    Except that the Chief of the Defence Forces may authorize the wearing of special flowers or emblems on special days, no officer or man shall wear in a visible position on his uniform any article not a part of his order of dress.

(10.10 TO 10.15 INCLUSIVE: NOT ALLOCATED)

RULE 2 - MOURNING

10.16 - STATE MOURNING

    (1) Except as provided in paragraph (2) of this subregulation, State mourning shall not apply to the Defence Forces.

    (2) An officer while–

    (a)    attending State functions; or

    (b)    in attendance upon the President or a Regional Commissioner; or

    (c)    on duty with an escort or guard of honour provided for the President or a Regional Commissioner,

shall wear State mourning if State mourning is in effect, but otherwise shall not wear any mourning.

10.17 - SERVICE MOURNING

    (1) Service mourning shall apply to officers only.

    (2) The Chief of the Defence Forces may order service mourning on the occasions, under the conditions, and for the period he considers necessary.

10.18 - OTHER CASES OF MOURNING

    Subject to subregulation 10.16–

    (a)    an officer or a warrant officer, Class I, shall wear mourning while taking part in service funerals or ceremonial services connected with service funerals;

    (b)    an officer or man may wear mourning at a private funeral in the event of a personal bereavement; and

    (c)    no officer or man shall wear mourning at the unveiling of memorials, Remembrance Day services, or other similar ceremonies.

(10.19 TO 10.99 INCLUSIVE: NOT ALLOCATED)

REGULATION 11
ORDERS, DECORATIONS AND MEDALS

(Refer carefully to the Definitions when reading every regulation)

RULE 1 - GENERAL

11.01 - AWARD OF ORDERS, SERVICE DECORATIONS AND MEDALS

    (1) The Orders, Decorations and Medals, other than commemorative medals, for which officers and men are eligible and the general conditions for their award are prescribed in G.N. No. 590 of 1995 issued under authority of section 4 of the Presidential Affairs Act *.

    (2) [Repeals G.N. No. 590 of 1995 in so far as it relates to the Table to this subregulation.]

TABLE TO ARTICLE 11.01

11.02 - RECOMMENDATIONS FOR AWARDS

    When a recommendation for the award of an order or decoration has been made it shall not be divulged to the officer or man concerned or to any of his relatives, nor shall the relative of a deceased or missing officer or man be informed that a recommendation would have been made had he remained with his unit.

11.03 - FOREIGN ORDERS, DECORATIONS AND MEDALS

    (1) No officer or man shall accept an order, decoration or medal from a foreign power without prior approval from Defence Forces Headquarters.

    (2) No foreign award shall be approved for acceptance under paragraph (1) of this subregulation unless the approval is consistent with the policy of the Ministry of Foreign Affairs and International Co-operation.

11.04 - TRANSMISSION OF MEDALS

    Medals may be transmitted by registered mail and the commanding officer shall ensure their safe custody pending presentation.

11.05 - DISPOSAL OF ORDERS, DECORATIONS AND MEDALS

    (1) Any order, decoration or medal belonging to an officer or man or to which an officer or man is entitled, and which is in the care or custody of the commanding officer, shall–

    (a)    be forwarded to Defence Forces Headquarters if the officer or man is–

        (i)    absent without authority for thirty days; or

        (ii)    sent to a mental institution for release; or

    (b)    form part of the service estate if the officer or man dies while serving.

    (2) When any order, decoration or medal is forwarded under paragraph (1)(a)(ii) of this subregulation, the commanding officer shall notify Defence Forces Headquarters of the date of release and the name of the institution to which the officer or man is sent.

(11.06 TO 11.10 INCLUSIVE: NOT ALLOCATED)

RULE 2 - WEARING

11.11 - GENERAL

    (1) No officer or man shall wear any order, decoration or medal or the ribbon representing any of them, without authority.

    (2) Subject to paragraph (3) the order and manner of wearing orders, decorations and medals and the ribbons representing them, shall be as notified by the Chief of the Defence Forces.

11.12 - NON-MILITARY DECORATIONS AND MEDALS

    (1) No officer or man in uniform shall wear any non-military decoration or medal, or the ribbon representing any such decoration or medal except–

    (a)    those referred to in subregulation 11.01;

    (b)    those awarded by or on behalf of a foreign government; or

    (c)    those medals presented by officially recognized institutions awarded for bravery in relation to life saving and approved for wear with uniform by the Chief of the Defence Forces.

    (2) Only one official and one non-official decoration or medal or the ribbons representing them, may be worn for one act of gallantry.

    (3) The decorations and medals referred to in paragraph (1)(a) of this subregulation are classified as official, those in (1)(b) and (c) as non-official.

11.13 - MEDALS, DECORATIONS - SERVICE IN K.A.R.

    Except that the orders, medals or decorations referred to in subregulation 11.01 shall take precedence over any order, medal, or decoration awarded for service in any of the units of the King's African Rifles they may continue to be worn by officers and men of the Defence Forces.

11.14 - WEARING AND CARRYING OF MEDALS WHILE ON OPERATIONS

    No officer or man shall carry or wear an order, decoration or medal when he is engaged in operations against the enemy.

(11.15 TO 11.19 INCLUSIVE: NOT ALLOCATED)

RULE 3 - REPLACEMENT

11.20 - REPLACEMENT

    (1) Tanzanian orders, service decorations and medals shall be replaced at public expense only when the loss is due to unavoidable circumstances arising out of the exigencies of the service.

    (2) Tanzanian orders, service decorations and medals, the loss of which is due to circumstances not arising out of the exigencies of the service, may be replaced on prepayment.

    (3) Orders, decorations and medals other than Tanzanian orders, decorations and medals may be replaced only under the conditions prescribed by the issuing authority.

    (4) An application from an ex-officer or man for the replacement of a decoration or medal lost by him must be accompanied by a statutory declaration as to the circumstances under which the original decoration or medal was lost and the steps taken to effect recovery. Replacement shall be on prepayment only and shall not be made before the expiration of two months from the date of the loss.

(11.21 TO 11.24 INCLUSIVE: NOT ALLOCATED)

RULE 4 - FORFEITURE AND RESTORATION

11.25 - FORFEITURES AND RESTORATION - OFFICIAL MEDALS, ETC.

    The circumstances under which the orders, decorations and medals referred to in subregulation 11.01 shall be forfeited and the conditions governing their restoration shall be as prescribed under the Presidential Affairs Act *.

11.26 - FORFEITURES AND RESTORATION - UNOFFICIAL MEDALS, ETC.

    The circumstances under which the orders, decorations and medals other than those referred to in subregulation 11.01 shall be forfeited and the conditions governing their restoration shall be as advised by the agency or foreign government making the award.

(11.27 TO 11.99 INCLUSIVE: NOT ALLOCATED)

REGULATION 12
CONDUCT AND DISCIPLINE

(Refer carefully to the Definitions when reading every regulation)

RULE 1 - PERSONAL CONDUCT

12.01 - OBSERVANCE AND ENFORCEMENT OF REGULATIONS, ORDERS AND INSTRUCTIONS

    Every officer and man shall make himself acquainted with, obey and enforce–

    (a)    The National Defence Act *;

    (b)    the National Security Act *;

    (c)    Defence Forces Regulations; and

    (d)    all other regulations, rules, orders and instructions necessary for the performance of his duties.

12.02 - CONFLICTING ORDERS

    If an officer or man is given an order which he considers to be in conflict with the National Defence Act *, Defence Forces Regulations, or general or particular orders binding on him, he shall point out the conflict orally, or in writing if the order does not require immediate obedience, to the superior by whom the order was given. If the superior still directs him to obey the order, he shall do so.

(12.03 - NOT ALLOCATED)

12.04 - INTOXICANTS

    (1) No officer or man shall introduce, possess, or consume any intoxicant on a station, unit, or other element or in any building or area occupied by the Defence Forces, except–

    (a)    in a non-public property organization with respect to which a general authority has been granted to possess or consume an intoxicant during specified hours; or

    (b)    in any other place and at the times which the officer in command may approve.

    (2) Intoxicants shall not be consumed in any military aircraft or vehicle.

(12.05 AND 12.06: NOT ALLOCATED)

12.07 - PRIVATE DEBTS

    (1) Private debts of an officer or man are the responsibility of the individual concerned.

    (2) Every complaint received from a creditor that an officer or man has failed to pay his debts shall be dealt with as prescribed by the Chief of the Defence Forces.

    (3) Failure to satisfy private debts may result in the release of the officer or man concerned.

12.08 - BANKRUPTCY

    An officer or man against whom an order in bankruptcy has been made, or who has voluntarily filed a petition in bankruptcy, or who has been declared insolvent, shall report the fact immediately to the Defence Forces Headquarters.

12.09 - USE OF OUTSIDE INFLUENCE FORBIDDEN

    No officer or man shall attempt to obtain favourable consideration on any matter relating to his service by the use of influence from sources outside the Defence Forces.

12.10 - COMBINATIONS FORBIDDEN

    No officer or man shall without authority–

    (a)    combine with other officers or men for the purpose of bringing about alterations in existing regulations for the Defence Forces; or

    (b)    sign with other officers or men memorials, petitions, or applications relating to the Defence Forces; or

    (c)    obtain or solicit signatures for memorials, petitions or applications relating to the Defence Forces.

(12.11 - NOT ALLOCATED)

12.12 - COMMUNICATION WITH COMMANDING OFFICER

    An officer or man may, upon application, see his commanding officer on any personal matter.

12.13 - REBUKE IN PRESENCE OF JUNIOR

    No officer or man shall rebuke any person in the presence or hearing of anyone junior to that person in rank, unless a public rebuke is absolutely necessary for the preservation of discipline.

12.14 - IMPROPER COMMENTS

    (1) No office or man shall make remarks or pass criticism tending to bring his superior in contempt, except as may be necessary for the proper presentation of a complaint under subregulation 12.26 (Redress of Grievance).

    (2) No officer or man shall do anything which–

    (a)    if seen or heard by any members of the public, might reflect discredit on the Defence Forces or any of its members; or

    (b)    if seen or heard by, or reported to, those under him, might discourage them or render them dissatisfied with their conditions or the duties on which they are employed.

(12.15 - NOT ALLOCATED)

12.16 - FOREIGN EXPEDITIONS AND MANOEUVRES

    (1) Subject to paragraph (2) of this subregulation, no officer or man, without the permission of the Chief of the Defence Forces, shall in a foreign country–

    (a)    accompany or take part in a naval, army or airforce expeditions of a foreign power; or

    (b)    officially attend the manoeuvres or public parades of the naval, army or airforces of a foreign power.

    (2) Nothing in this subregulation shall prevent attachés, authorized staff and exchange personnel, whose normal duties so require, from attending manoeuvres or public parades, of the naval, army or airforces of a foreign power to which they are attached or accredited.

12.17 - REPORTS OF EXPEDITIONS AND MANOEUVRES

    (1) An officer or man who attends manoeuvres or an expedition outside Tanzania shall forward to Defence Forces Headquarters a report on the expedition or manoeuvres he witnesses.

    (2) Subject to paragraph (1) of this subregulation, no officer or man shall, without permission from Defence Forces Headquarters, send to anyone an account of or comment on any expedition or manoeuvres he may witness.

12.18 - CONCEALMENT OF DISEASE

    An officer or man who is suffering or suspects he is suffering from a disease shall, without delay, report himself sick.

(12.19 TO 12.25 INCLUSIVE: NOT ALLOCATED)

RULE 2 - GRIEVANCES AND COMPLAINTS

12.26 - REDRESS OF GRIEVANCE

    (1) If an officer or man thinks that he has suffered any personal oppression, injustice, or other ill-treatment, he may complain orally to the commanding officer.

    (2) If an officer or man thinks that he has been wronged by the commanding officer, either because a complaint under paragraph (1) of this subregulation has not been redressed or for any other reason, he may complain in writing to the commanding officer.

    (3) If the commanding officer has not redressed a complaint made under paragraph (2) of this subregulation within fourteen days of its receipt by him, the complainant may submit his complaint in writing to–

    (a)    where his unit is comprised in a formation, to the formation commander; or

    (b)    in all other cases, to the Chief of Personnel at Defence Forces Headquarters.

    (4) If the complainant who makes a complaint under paragraph (3) of this subregulation does not receive from the formation commanding or the Chief of Personnel, the redress to which he considers himself entitled, he may submit his complaint to the Chief of the Defence Forces.

    (5) If the complainant does not receive from the Chief of the Defence Forces the redress to which he considers himself entitled, he may submit his complaint in writing to the Minister and, if the complainant is a commissioned officer and so requires, the Minister shall submit the complaint to the President.

    (6) If the complainant is a commanding officer, or a formation commander, his complaint shall first be made in writing and addressed to his immediate superior. In other respects the procedure for making complaints shall be the same as for other officers.

    (7) Every complaint shall be submitted through the usual channels except that if a commanding officer, the Chief of Personnel or a formation commander does not forward a complaint to higher authority when requested to do so, then that complaint may be forwarded direct.

    (8) Every person to whom a complaint is made under this subregulation shall cause the complaint to be enquired into, and shall, if he is satisfied of the justice of the complaint, take any steps which are within his power to afford full redress to the complainant or, if he has no power to afford full redress, submit the complaint to a higher authority.

    (9) No officer or man shall be penalised for making a complaint in accordance with this subregulation and with subregulation 12.27.

12.27 - RULES FOR STATING GRIEVANCES

    (1) A statement of grievance presented under subregulation 12.26–

    (a)    shall–

        (i)    be made as early as practicable while it is still possible to ascertain the facts of the case; and

        (ii)    be confined to a statement of the facts complained of and to the alleged consequences to the complainant; and

    (b)    shall not–

        (i)    be made jointly by two or more complainants; or

        (ii)    contain a statement known to the complainant to be untrue; or

        (iii)    be made anonymously; or

        (iv)    include language or comments which are insubordinate or subversive of discipline, except so far as may be necessary for an adequate statement of the complaint.

    (2) If a complainant requests assistance in the presentation of his grievance, the commanding officer shall detail an officer to assist him, who shall, if practicable, be an officer designated by the complainant.

(12.28 TO 12.35 INCLUSIVE: NOT ALLOCATED)

RULE 3 - DEALINGS WITH PUBLIC, CIVIL EMPLOYMENT, AND POLITICAL ACTIVITIES

12.36 - DISCLOSURE OF INFORMATION OR OPINION

    (1) For the purposes of this subregulation, "military" shall be construed as relating not only to all or any of the Defence Forces but also to the armed forces of any country.

    (2) Subject to subregulation 12.38, no officer or man shall without permission obtained under subregulation 12.37–

    (a)    publish in any form whatever or communicate either directly or indirectly or otherwise disclose official information, or an unpublished or classified official document or the contents of it, to an unauthorized person; or

    (b)    use that information or document for a private purpose; or

    (c)    publish in any form whatever any military information, or his views on any military subject to unauthorized persons; or

    (d)    deliver publicly, or record for public delivery, either directly or through the medium of radio or television, a lecture, discourse or answers to questions relating to a military subject; or

    (e)    prepare a paper or write a script on any military subject for delivery or transmission to the public; or

    (f)    publish his opinions on any military question that is under consideration by superior authorities; or

    (g)    take part in public in a discussion relating to orders, regulations or instructions issued by his superiors; or

    (h)    disclose to an unauthorized person, without the authority of the department, agency or body concerned, any information acquired in an official capacity while seconded, attached or loaned to that department, agency or other body; or

    (i)    furnish to any person, not otherwise authorized to receive them, official reports, correspondence or other documents, or copies of it; or

    (j)    publish in writing or deliver any lecture, address or broadcast in any way dealing with a subject of a controversial nature affecting other departments of the public service or pertaining to public policy.

    (3) This subregulation does not apply to a writing, lecture, address or broadcast to be given exclusively to members of the Defence Forces.

12.37 - PERMISSION TO COMMUNICATE INFORMATION

    (1) Permission for the purpose of subregulation 12.36 may be granted by the Chief of the Defence Forces or any other authority whom he may designate.

    (2) Permission given under paragraph (1) of this subregulation–

    (a)    does not have the effect of endorsing anything said or done by the person to whom it is given;

    (b)    may not be referred to in any way; and

    (c)    is given on the basis that no statement implying endorsement on behalf of the Government will be included in what is said or done.

12.38 - COMMUNICATIONS TO NEWS AGENCIES

    (1) Subject to paragraphs (2) and (3) of this subregulation, any communication concerning or affecting the Defence Forces or any part of them that it may be considered desirable to make to the press or any other agencies concerned with the dissemination of news or opinions will be made by the Minister or an officer or official designated by the Minister.

    (2)(a) A formation or station commander or a commanding officer, may make communications to the press or other news agencies when they concern or affect only the formation, station or unit under his command and do not involve enunciation, defence or criticism, express or implied, of service, departmental or Government policy.

    (b) Communications referred to in subparagraph (a) of this paragraph should be of the nature of sporting events, self-help projects, participation in local affairs and projects, or notice of impending activities of an unclassified nature the notice of which to the public may avoid inconvenience to the public.

    (3) As it is desirable that the public should be acquainted with conditions of life in the Defence Forces and that local interest be encouraged, a formation or station commander or a commanding officer is authorized at his discretion to invite local representatives of the press and other news agencies to visit the formation, station or unit under his command and to furnish them subject to paragraph (2) of this article, with any information which he may consider suitable for the purpose.

12.39 - COMMUNICATIONS WITH OTHER GOVERNMENT DEPARTMENTS

    No officer or man shall enter into direct communication with any Government department other than the Department of National Defence on subjects connected with the Defence Forces or with his particular duties or future employment, unless he is authorized to do so under DF Regulations or by instructions from Defence Forces Headquarters.

12.40 - DEALINGS WITH CONTRACTORS

    (1) No officer or man shall have any private dealings with contractors, their agents or employees, whether on an honorary basis or otherwise, which may lay him open to suspicion of being influenced in the discharge of his duty by other than purely public considerations.

    (2) No officer or man shall–

    (a)    give a private testimonial to a contractor regarding wares or services supplied to the Department or the Defence Forces; or

    (b)    include in his correspondence with a contractor anything that might be used as a testimonial.

    (3) No officer or man shall derive, by virtue of his status as a member of the Defence Forces, any pecuniary benefit or personal advantage from any Department or Defence Forces contract or any contract made on behalf of or for the benefit of the Department.

12.41 - ACCEPTANCE OF GIFTS FROM FOREIGN SOURCES

    No officer or man shall, without the consent of the Minister, accept a gift, reward, or favour from any foreign sovereign, state or functionary.

12.42 - ADMISSION AND ACCEPTANCE OF LIABILITY

    (1) No officer or man shall without the authority of the Minister–

    (a)    admit liability to any person who is not a member of the Defence Forces; or

    (b)    accept liability on behalf of the Government,

for any loss or damage arising out of or occasioned by the performance of service duties by himself or by another.

    (2) No officer or man shall, without the authority of the Minister, accept on behalf of the Government any liability for the defence of civil or criminal proceedings brought against any other officer or man by a member of the public.

12.43 - CIVIL EMPLOYMENT

    (1) Subject to paragraph (3) of this subregulation, no officer or man on full-time service shall engage in any civil employment or undertaking which in the opinion of his commanding officer–

    (a)    is or is likely to be detrimental to the interests of the Defence Forces; or

    (b)    reflects or is likely to reflect discredit upon the Defence Force; or

    (c)    in the case of officers and men of the Regular Force, is continuous.

    (2) No officer or man on full-time service shall authorize the use of his name or photograph in connection with any commercial product, except so far as his name may be part of a firm name.

    (3) Except that he shall not engage in any civil employment or undertaking which reflects or is likely to reflect discredit on the Defence Forces, the provisions of this subregulation shall not apply to an officer or man who is–

    (a)    on leave immediately preceding release; or

    (b)    on leave without pay.

12.44 - DIRECTORSHIPS AND INTEREST IN COMPANIES

    (1) Subject to paragraph (2) of this subregulation, no officer or man of the regular Force, or of the Reserves when mobilised, shall serve as a director of any company, unless–

    (a)    the company is a private one;

    (b)    stock of the company is neither sold nor quoted on the open market; and

    (c)    approval from Defence Forces Headquarters is obtained.

    (2) When any part of the Defence Forces is on active service, an officer or man of the Reserves who has been mobilised or is otherwise serving with that part of the Defence Forces which is on active service, may retain any directorships he held prior to being mobilised or on active service.

12.45 - POLITICAL ACTIVITIES AND CANDIDATURE FOR OFFICE

    (1) A commanding officer shall–

    (a)    only allow campaign speeches to be delivered at his station, unit or other element where the speeches have been authorized by the District Executive Committee, in the district in which the station, unit or other element is located, pursuant to section 52 of the National Elections Act;

    (b)    co-operate with any supervising delegates in the execution of their duties under section 52 of the National Elections Act, 1965.

    (2) Except as herein provided persons not otherwise allowed access to a station, unit or other element, shall not be allowed access in order to attend any political meeting held pursuant to this subregulation.

    (3) Political activities other than those referred to in paragraph (1) of this subregulation shall only be permitted to the extent to which the activities are authorized pursuant to these Regulations or instruction issued by Defence Forces Headquarters.

    (4) No officer or man of the Regular Force shall–

    (a)    take any active part in an election or in support of a candidate at an election; or

    (b)    issue an address to electors, or announce himself or allow himself to be announced as a candidate or prospective candidate for election to the National Assembly; or

    (c)    except for a meeting authorized pursuant to paragraph (1)(a) or (3) of this subregulation, take no part in either the organization or conduct of any political meeting on any defence establishment.

(12.46 TO 12.50 INCLUSIVE: NOT ALLOCATED)

RULE 4 - LEGAL PROCEEDINGS BY CIVIL POWER

12.51 - OPERATION OF CIVIL LAW

    (1) Officers and men remain subject to the civil law, except as prescribed in the National Defence Act *.

    (2) The civil police have power to arrest an officer or man whether or not he is at a station, unit or other element.

    (3) An officer in command of a station, unit or other element shall afford every facility to the civil power in detecting and apprehending officers and men serving at his station, unit or other element whose arrest is required on any criminal charge; but he shall require any constable or other civil officer to produce his warrant or show satisfactory evidence of the character in which he acts.

12.52 - SEARCH OF SHIPS OR AIRCRAFT BY CUSTOMS OFFICERS

    (1) Subject to paragraph (2) of this subregulation, the captain of a ship or an aircraft shall permit Tanzanian customs officers to search his ship or aircraft.

    (2) The captain shall, when in his opinion the interests of security so require, refuse access to parts of the ship or aircraft containing classified material. When access is refused to a customs officer in these circumstances, the captain or an officer designated by him for that purpose shall, if the customs officer so requests, carry out a search in those parts of the ship or aircraft to which access has been refused, and make the appropriate report to the customs officer.

(12.53 - NOT ALLOCATED)

12.54 - OFFENDERS RELEASED ON BAIL

    When an officer or man has been arrested by a civil power whether in or outside of Tanzania and afterwards released on bail pending trial and the unit or other element to which he belongs leaves the area before the case is disposed of, the commanding officer shall, if practical, arrange to have him assigned to another unit or other element remaining in the area. If that cannot be arranged and no service accommodation is available, the commanding officer shall cause the civil power concerned to be notified as soon as practical of the impending departure.

12.55 - ATTENDANCE AS WITNESS IN CIVIL COURTS

    (1) An officer or man who has been subpoenaed to appear as a witness in a civil court shall appear on the date specified in the subpoena.

    (2) An officer or man who intends to appear voluntarily as a witness in a civil court shall request permission from his commanding officer to do so.

    (3) Where an officer or man who has been subpoenaed or who intends to appear voluntarily as a witness in civil court considers that–

    (a)    the evidence which he may give or the documents he may be called upon to produce will entail the revelation of material classified as confidential or higher; or

    (b)    the public interest would be otherwise adversely affected, he shall so inform his commanding officer.

    (4) When a commanding officer receives information in accordance with paragraph (3) of this subregulation he shall–

    (a)    if the officer or man intends to appear voluntarily, refuse permission to appear; and

    (b)    if the officer or man has been subpoenaed–

        (i)    immediately communicate by message direct with Defence Forces Headquarters, requesting instructions; and

        (ii)    direct the attention of the officer or man concerned to the provisions of paragraph (6) of this subregulation.

    (5) If on receipt at Defence Forces Headquarters of a message described in paragraph (4)(b) of this subregulation it is considered the evidence or documents should not be given or produced, the matter shall be referred to the Minister so that he may make a claim of privilege if necessary.

    (6) When instructions have been requested from Defence Forces Headquarters as prescribed in paragraph (4) of this subregulation but have not been received by the time the officer or man appears as a witness, the officer or man shall inform the court of those facts and shall request that his evidence or the production of documents be deferred until he has received instructions.

12.56 - REPORT OF ARREST BY CIVIL POWER

    When an officer or man has been arrested by the civil power he shall cause his arrest to be reported to his commanding officer.

12.57 - OFFICER IN ATTENDANCE AT TRIAL BY CIVIL POWER

    (1) If a commanding officer receives information that an officer or man under his command is charged with an offence before a civil court he shall detail an officer or arrange to have an officer detailed, to attend and watch the proceedings unless–

    (a)    the offence charged is a minor traffic offence or under a local Authority; or

    (b)    the distance from a unit to the place of trial is so great as to make the detailing of an officer impractical.

    (2) The commanding officer of the accused shall forward directly all necessary information and documents for the use of the attending officer.

12.58 - PAYMENT OF FINES AND COSTS

    (1) A commanding officer may authorize the payment from public funds, with the consent of the accused, of any fine and costs imposed which the accused could not otherwise pay.

    (2) Before authorizing payment in accordance with paragraph (1) of this subregulation, the commanding officer shall consider in connection with the accused–

    (a)    the state of his pay account;

    (b)    his general character;

    (c)    whether his services are urgently required; and

    (d)    whether, if he is convicted, an application is likely to be made for his release from the Defence Forces.

    (3) When a payment is made on behalf of the accused under paragraph (1) of this subregulation the commanding officer shall ensure that the total amount of that payment is recovered from the accused.

12.59 - DUTIES OF ATTENDING OFFICER PRIOR TO TRIAL

    (1) Prior to the trial of an officer or man before a civil court the attending officer shall–

    (a)    obtain a statement of the accused's–

        (i)    record of service;

        (ii)    pay account; and

        (iii)    service conduct generally; and

    (b)    ascertain whether the commanding officer authorizes him in accordance with subregulation 12.58 to pay any fine imposed.

    (2) Prior to the trial of an officer or man before a civil court the attending officer shall inform the accused that his duties do not include acting in any way as the accused's advocate.

12.60 - DUTIES OF ATTENDING OFFICER DURING TRIAL

    (1) An attending officer shall, if requested by the court, give the court–

    (a)    all information in his possession as to the service conduct generally of the accused; and

    (b)    full particulars of any previous conviction of the accused of an offence under–

        (i)    section 61 of the Military Forces Ordinance; or

        (ii)    section C. 65 of the Code of Service Discipline.

    (2) No attending officer shall–

    (a)    give particulars of any previous convictions of the accused other than those specified in paragraph (1)(b) of this subregulation; or

    (b)    produce the conduct sheets of the accused; or

    (c)    act in any way as the accused's advocate.

12.61 - CERTIFICATE OF CONVICTION

    If an officer or man is convicted or bound over or otherwise dealt with by a civil court his commanding officer shall obtain a certificate of conviction or a certified copy of the order of the court. (See section 77 of the National Defence Act *.)

12.62 - ACTION FOLLOWING CONVICTION BY CIVIL POWER

    (1) When a commanding officer receives information that an officer or man has been convicted by a civil court he shall, unless the offence was a minor traffic offence or under a local Authority, forward to Defence Forces Headquarters–

    (a)    a certificate of conviction;

    (b)    the conduct sheets;

    (c)    his recommendation as to whether the offender should be retained in the Defence Forces; and

    (d)    if the offender is a man, his recommendations as to whether he should be reverted for misconduct.

    (2) When a report under paragraph (1) of this subregulation is in respect of–

    (a)    an officer; or

    (b)    a man sentenced to imprisonment; or

    (c)    a man recommended to be reverted for misconduct, the Field Force Commander, or other senior formation commander through whom the report under paragraph (1) has been transmitted, shall include his recommendations.

(12.63 TO 12.74 INCLUSIVE: NOT ALLOCATED)

12.75 - SUSPENSION FROM DUTY

    (1) For the purpose of this subregulation "suspend from duty" means to relieve an officer or man from the performance of all military duty.

    (2) An officer or man may by suspended from duty by–

    (a)    the Chief of the Defence Forces; or

    (b)    a formation commander with respect to an officer or man under his command, for a period of ten days or any longer period which may be approved by the Chief of the Defence Forces.

    (3) An authority mentioned in paragraph (2) of this subregulation may suspend an officer or man from duty in any circumstances which, in his opinion, render it undesirable in the interests of the service that the officer or man remain on duty.

    (4) Suspension may be ordered in conjunction with open or close custody.

    (5) When an officer or man is suspended from duty under paragraph (2)(b) of this subregulation, the authority ordering the suspension shall report the circumstances immediately to Defence Forces Headquarters.

    (6) An officer or man shall cease to be suspended from duty at the discretion of the authority who suspended him.

(12.76 TO 12.99 INCLUSIVE: NOT ALLOCATED)

REGULATION 13
SUMMARY INVESTIGATIONS AND BOARDS OF INQUIRY

(Refer carefully to the Definitions 1.02 when reading every regulation)

RULE 1 - SUMMARY INVESTIGATIONS

13.01 - GENERAL

    (1) In this Regulation "summary investigation" means an investigation, other than a board of inquiry, ordered by a formation, station or other commanding officer.

    (2) When he requires to be informed on any matter connected with his formation, station, unit or other element or affecting an officer or man under his command, and a board of inquiry is not required by these regulations nor ordered by superior authority, a formation, station or other commanding officer may conduct a summary investigation into that matter in any manner which he sees fit.

    (3) Subject to paragraph (4) of this subregulation, the report of a summary investigation may be in synopsis form and on completion, if required to be forwarded to higher authority, shall include the recommendation of the officer who ordered the summary investigation.

    (4) When a summary investigation concerns an occurrence the nature of which requires or warrants specific findings, the report shall contain findings and recommendations and all information that would normally be contained in the minutes of a board of inquiry.

    (5) The ordering of a summary investigation does not preclude the subsequent convening of a board of inquiry.

(13.02 TO 13.06 INCLUSIVE: NOT ALLOCATED)

RULE 2 - BOARDS OF INQUIRY - GENERAL

13.07 - CONVENING AUTHORITIES - BOARD OF INQUIRY

    (1) Section 9(1) of the National Defence Act * provides–

        "9. (1) The President, the Minister, and any other authorities which may be prescribed by Defence Forces Regulations, may, where it is expedient that the President or the Minister or any other authority should be informed on any matter connected with the government, discipline, administration or functions of the Defence Forces, or affecting any officer or man, convene a board of inquiry for the purpose of investigating and reporting on that matter. A board of inquiry shall be constituted and its procedure conducted in accordance with Defence Forces Regulations.".

    (2) A board of inquiry may be convened by–

    (a)    the Chief of the Defence Forces;

    (b)    a formation commander;

    (c)    a station commander; or

    (d)    a commanding officer.

13.08 - COMPOSITION OF BOARDS OF INQUIRY

    (1) Subject to paragraphs (3) and (4) of this subregulation, a board of inquiry shall be composed of two or more officers, or two or more officers together with one or more warrant officers, as determined by the convening authority.

    (2) In determining the composition of a board of inquiry the convening authority shall–

    (a)    appoint a commissioned officer, when practical not below the rank of captain, as president;

    (b)    when practical, appoint as president an officer equal or superior in rank to any officer whose reputation may be affected as a result of the investigation;

    (c)    not appoint as a member an officer senior in rank to the president;

    (d)    not appoint as a member an officer or warrant officer officially connected with or having a personal interest in the investigation or likely to be called as a witness;

    (e)    not appoint a warrant officer as a member when the findings may result in disciplinary action being taken against an officer or warrant officer;

    (f)    appoint only medical officers to a medical board of inquiry; and

    (g)    if practical, when the investigation may involve technical or professional knowledge or skill, include at least one member with the required qualifications.

    (3) Where it is not otherwise practical, a medical board of inquiry may be composed of a single medical officer who may be either a member of the Defence Forces or a civilian doctor employed by the Defence Forces.

    (4) Where the matter to be investigated by a board of inquiry involves one or more civilian employees, the convening authority may appoint as additional members of the board one or more civilian employees of the Government of Tanzania who are employed by or with the Department of National Defence.

13.09 - TERMS OF REFERENCE

    The convening authority shall provide a board of inquiry with written terms of reference containing full and specific instructions as to–

    (a)    the investigations to be undertaken;

    (b)    the information required;

    (c)    the matters on which findings or recommendations are required; and

    (d)    the security classification of the matter to be investigated.

13.10 - EVIDENCE

    (1) A board of inquiry shall–

    (a)    receive and record all available evidence which is relevant;

    (b)    attach as exhibits to the original minutes all relevant documents produced, marked with a letter or number and signed by the president; and

    (c)    attach a certified true copy of each exhibit to each copy of the minutes.

    (2) Subject to paragraphs 3(b) and (4) of this subregulation, unless the convening authority directs, otherwise all evidence before a board of inquiry shall be taken on oath.

    (3) The form of oaths or of a solemn affirmation shall be as follows:

    (a)    where the witness is a Christian:

            "I swear that what I shall state shall be the truth, the whole truth and nothing but the truth: so help me God.";

    (b)    where the witness is a Muslim:

            "WALLAHI, BILLAHI, TA ALLAH: I solemnly affirm in the presence of the Almighty God that what I shall state shall be the truth, the whole truth and nothing but the truth.";

    (c)    where the witness is a Hindu:

            "I solemnly affirm in the presence of the Almighty God that what I shall state shall be the truth, the whole truth and nothing but the truth."; and

    (d)    where the witness objects to taking an oath, he shall make the following solemn affirmation:

            "I .................................................................. (name in full) do solemnly, sincerely and truly declare and affirm that the evidence which I shall give at this investigation shall be the truth, the whole truth and nothing but the truth.".

    (4) When any child of tender years called as a witness does not, in the opinion of the board, understand the nature of an oath, his evidence may be received, though not given on oath, if, in the opinion of the board, he is possessed of sufficient intelligence to justify the reception of the evidence and understands the duty of speaking the truth.

    (5) When in the opinion of the president, the evidence at any time during the sitting of a board of inquiry appears likely to affect adversely an officer or man, the president may, in addition to receiving his evidence as a witness, permit the officer or man to examine any evidence taken before his being called as a witness, to be present during the remainder of the inquiry and to make a statement. The officer or man may request the president to–

    (a)    ask a witness any further question; and

    (b)    call any further witnesses, and any such request shall be recorded in the minutes.

13.11 - TIME AND PLACE OF ASSEMBLY

    (1) Unless otherwise specified in the convening order, the president of a board of inquiry shall fix the time and place for its assembly and shall cause notice of the sitting to be given to all members of the board, witnesses, and other persons interested.

    (2) A board of inquiry may be re-assembled as often as necessary to–

    (a)    examine additional witnesses; or

    (b)    further examine any witnesses; or

    (c)    make any additional findings or recommendations.

13.12 - MEETINGS NOT OPEN TO THE PUBLIC

    (1) Unless the convening authority otherwise directs, a board of inquiry shall exclude from its meetings all persons except–

    (a)    a witness while giving evidence;

    (b)    an officer or man whose presence is permitted under paragraph (5) of subregulation 13.10 and his representative;

    (c)    an adviser to the board appointed under article 13.14;

    (d)    a person whose attendance is required by the president; and

    (e)    the representative of any witness while the witness is giving evidence.

    (2) The representative of an officer or man, or a witness giving evidence, present before a board of inquiry pursuant to this subregulation shall not address the board without permission of the president.

13.13 - ATTENDANCE OF WITNESS NOT SUBJECT TO THE CODE OF SERVICE DISCIPLINE

    (1) The president of a board of inquiry may request a person not subject to the Code of Service Discipline to–

    (a)    attend as a witness; or

    (b)    make a statement in writing, but that person may not be compelled to attend as a witness or make a statement in writing.

    (2) A witness, other than a witness who is an employee of the Government of Tanzania and who is ordered to attend as part of his duties, who attends in accordance with this subregulation shall be entitled to the fees and expenses which may be authorized in these Regulations.

13.14 - ADVISER TO BOARD PERMITTED

    The convening authority may appoint or arrange for the attendance of civilian or service specialists to act as advisers to a board of inquiry.

13.15 - PROCEDURE ON COMPLETION OF A BOARD OF INQUIRY

    (1) The minutes of a board of inquiry shall be–

    (a)    signed by the president and each member; and

    (b)    unless otherwise directed by the convening authority, submitted by the president–

        (i)    direct to the convening authority; or

        (ii)    to the commanding officer if convened under subregulation 13.56 (Investigation of Aircraft Accidents).

    (2) When the members are unable to agree on a matter within their terms of reference, a dissenting member shall state his opinion in writing for transmission with the minutes.

    (3) The convening authority and any other authority through whom the minutes are transmitted shall record on the minutes his concurrence in or opinion of the report, findings or recommendations.

13.16 - ADMISSIBILITY OF MINUTES

    Except in relation to a charge of giving false evidence before a board of inquiry, the minutes of a board of inquiry shall not be admitted as evidence or used at a service tribunal. (See section 9(2) of the National Defence Act *). (For inadmissibility in proceedings before a civil court see subregulation 12.55 Attendance as Witness in Civil Courts).

13.17 - CONCURRENT POLICE OR OTHER INVESTIGATIONS

    (1) Where a board of inquiry has been convened or a summary investigation ordered to inquire into a matter which is the subject of investigation by military or civil police, or other civilian authority, great care must be exercised in interviewing witnesses and, in general, they should not be interviewed unless police clearance has been obtained.

    (2) Where it appears to the president or the investigating officer that further investigation should be held in abeyance pending the completion of the police or the civilian authority investigation, the president or the investigating officer shall report that fact to the convening authority or the officer who ordered the summary investigation.

    (3) Where by these regulations it is mandatory that an occurrence or other matter be investigated by a board of inquiry, and that occurrence or other matter has been made the subject of a police or other investigation the results of which make further investigation unnecessary, a board shall be convened but skeleton evidence need only be taken.

RULE 3 - SPECIAL PROVISIONS

13.18 - INVESTIGATION OF SEVERAL MATTERS

    When several matters, for each of which a summary investigation or board of inquiry would normally be assembled, arise out of the same occurrence, the appropriate authority may–

    (a)    order one summary investigation or convene one board of inquiry to investigate all those matters; or

    (b)    if he considers that they cannot be suitably dealt with by one summary investigation or board of inquiry, order separate summary investigations or boards of inquiry.

13.19 - WHEN CLAIM BY OR AGAINST THE GOVERNMENT APPEARS LIKELY

    (1) If it appears at a summary investigation or board of inquiry inquiring into any occurrence that a claim by or against the Government of the United Republic of Tanzania may arise, the authority who ordered the summary investigation or convened the board of inquiry shall be informed immediately.

    (2) When the appropriate authority receives information under paragraph (1) of this subregulation he shall order an investigation in accordance with appropriate regulations or orders issued by the Chief of the Defence Forces.

    (3) An investigation ordered pursuant to paragraph (2) of this subregulation shall be conducted in accordance with this Regulation except so far as it may be inconsistent with other regulations or instructions concerning those investigations.

(13.20 TO 13.40 INCLUSIVE: NOT ALLOCATED)

RULE 4 - MISSING OR ABSENT OFFICERS AND MEN

13.41 - GENERAL

    (1) When an officer or man is missing and in the opinion of his commanding officer his absence is neither voluntary (see subregulation 13.43), nor due to enemy action (see subregulation 13.44), the commanding officer shall investigate and submit a full report to the Defence Forces Headquarters.

    (2) A board of inquiry or summary investigation investigating the absence of an officer or man as prescribed in paragraph (1) of this subregulation shall make findings as to-

    (a)    the circumstances in which the officer or man is missing; and

    (b)    whether it is considered that the officer or man is dead, and, if so, the probable date of death.

(13.42 - NOT ALLOCATED)

13.43 - INVESTIGATION OF ILLEGAL ABSENCE

    (1) The commanding officer shall investigate the illegal absence of an officer or man as soon as practicable after the expiration of fourteen full days from the date of commencement of the absence.

    (2) The investigation shall determine–

    (a)    the date and hour of the commencement of the illegal absence;

    (b)    whether the officer or man has returned between that date and the date on which the investigation is held;

    (c)    whether the officer or man is still absent; and

    (d)    the items of personal equipment which the officer or man left at the station, unit, or other element and which have been impounded.

    (3) When it is determined that the officer or man absented himself without authority, and is still so absent after fourteen full days, the commanding officer shall take any action which may be prescribed in orders issued by the Chief of the Defence Forces.

13.44 - INVESTIGATION ON AN OFFICER OR MAN MISSING DUE TO ENEMY ACTION

    The commanding officer shall order a summary investigation when an officer or man is missing due to enemy action, and report the results of the investigation to Defence Forces Headquarters in the manner prescribed by the Chief of the Defence Forces.

(13.45 - NOT ALLOCATED)

RULE 5 - PERSONAL INJURIES AND DEATH

13.46 - INVESTIGATION OF INJURY AND DEATH

    (1) This subregulation shall apply to an officer or man of–

    (a)    the Regular Force; and

    (b)    the Reserves when he is on duty.

    (2) The commanding officer shall order a summary investigation or convene a board of inquiry when an officer or man dies otherwise than as a result of wounds received in action.

    (3) The commanding officer shall order a summary investigation or convene a board of inquiry when an officer or man suffers an injury which–

    (a)    a medical officer certifies to be–

        (i)    serious; or

        (ii)    likely to cause a permanent disability; or

    (b)    is suspected to be the result of his own wilful act.

    (4) A report of a summary investigation ordered under paragraph (2) or (3) of this subregulation shall be forwarded to higher authority in the same manner as the minutes of a board of inquiry.

13.47 - FINDINGS ON INJURY OR DEATH

    The report of a summary investigation or the minutes of a board of inquiry submitted in accordance with subregulation 13.46 shall contain findings as to–

    (a)    the cause of the injury or death;

    (b)    whether the deceased or injured officer or man was on duty at the time of the injury or death;

    (c)    whether the deceased or injured officer or man or any other person was to blame for the injury or death; and

    (d)    whether the injury or death was attributable to military service as such.

13.48 - CLAIMS FOR COMPENSATION ARISING FROM INJURY OR DEATH

    When a summary investigation or board of inquiry finds that an officer or man was killed or injured through the fault of some other person, it shall record whether the officer or man, or his personal representative, has–

    (a)    received; or

    (b)    been offered; or

    (c)    claimed, or intends to claim,

compensation from the person at fault.

(13.49 AND 13.50: NOT ALLOCATED)

RULE 6 - ACCIDENTS INVOLVING SERVICE VEHICLES

13.51 - CONVENING OF BOARDS OF INQUIRY ON ACCIDENTS INVOLVING MOBILE EQUIPMENT

    Subject to subregulation 13.71 (Loss of or Damage to Public Property), when mobile equipment is involved in an accident, the commanding officer shall either convene a board of inquiry or order a summary investigation and the minutes of the board or the report of the investigation shall be forwarded to Defence Forces Headquarters.

13.52 TO 13.54 INCLUSIVE: NOT ALLOCATED)

RULE 7 - AIRCRAFT ACCIDENTS

13.55 - DEFINITION OF "AIRCRAFT ACCIDENTS"

    "Aircraft accident" means an event involving an aircraft that is not caused by enemy action and that results in death or serious injury to personnel, or damage to the aircraft to the extent described in orders issued by the Chief of the Defence Forces.

13.56 - INVESTIGATION OF AIRCRAFT ACCIDENTS

    (1) When an aircraft accident occurs the commanding officer shall report it in accordance with orders issued by the Chief of the Defence Forces.

    (2) The Chief of the Defence Forces, or any other officer prescribed by him for the purpose, shall convene a board of inquiry to investigate an aircraft accident–

    (a)    when a person is killed or seriously injured; or

    (b)    as prescribed in orders issued by the Chief of the Defence Forces.

    (3) The commanding officer shall convene a board of inquiry to investigate an aircraft accident as directed in orders issued by the Chief of the Defence Forces.

13.57 - FINDINGS REQUIRED BY A BOARD OF INQUIRY ON AN AIRCRAFT ACCIDENT

    A board of inquiry convened to investigate an aircraft accident shall make findings–

    (a)    as to the cause of the accident;

    (b)    as to whether all flying and aircraft maintenance orders were complied with; and

    (c)    if an officer or man was killed or injured in the accident, in accordance with subregulation 13.47 (Findings on Injury or Death).

(13.58 TO 13.60 INCLUSIVE: NOT ALLOCATED)

RULE 8 - FIRE, EXPLOSION OR SIMILAR OCCURRENCE

13.61 - INVESTIGATION OF A FIRE

    (1) When a fire, explosion or similar occurrence damages or destroys public or non-public property, the commanding officer shall report it to the Chief of the Defence Forces or the formation commander under whose command he is serving or to whom he is responsible in matters of administration.

    (2) When a report under paragraph (1) of this subregulation is received the officer by whom the report is received may–

    (a)    order a summary investigation; or

    (b)    convene or order the convening of a board of inquiry.

13.62 - PROCEEDINGS OF INVESTIGATION ON A FIRE, ETC.

    The report of a summary investigation or the minutes of a board of inquiry into a fire, explosion or similar occurrence shall include any information which may be required in orders issued by the Chief of the Defence Forces and shall be transmitted in accordance with those orders.

13.63 - FINDINGS AND RECOMMENDATIONS ON A FIRE

    A summary investigation or board of inquiry into a fire, explosion or similar occurrence, shall–

    (a)    make findings as prescribed in orders issued by the Chief of the Defence Forces; and

    (b)    when appropriate, make recommendations for the–

        (i)    improving of existing fire and other relevant precautions; and

        (ii)    prevention of future fires, explosions or similar incidents.

(13.64 TO 13.70 INCLUSIVE: NOT ALLOCATED)

RULE 9 - PUBLIC OR NON-PUBLIC PROPERTY

13.71 - LOSS OF OR DAMAGE TO PUBLIC PROPERTY

    (1) This subregulation shall not apply when an investigation involves–

    (a)    an aircraft accident; or

    (b)    a fire, explosion or similar occurrence; or

    (c)    a claim by or against the United Republic.

    (2) When public property is lost, stolen, damaged or destroyed otherwise than by enemy action or by efforts to avoid enemy action, the commanding officer shall report it immediately to the Chief of the Defence Forces or the formation commander under whose command he is serving or the officer to whom he is responsible in matters of administration unless–

    (a)    it is within his powers to write-off the loss (see subregulation 22.08 (Buildings) and 28.20 (Material); or

    (b)    the damage does not exceed 200 shillings.

    (3) When a report under paragraph (2) of this subregulation or under subregulation 203.05 (Overpayment and Losses) is received, the officer by whom the report is received may–

    (a)    order a summary investigation; or

    (b)    convene or order the convening of a board inquiry.

13.72 - LOSS OF OR DAMAGE TO NON-PUBLIC PROPERTY

    (1) Subject to Rule 8 (Fire, Explosion or Similar Occurrence), when a loss of or damage to non-public property is discovered the commanding officer shall, unless he adjusts the loss or damage in the manner prescribed by the Chief of the Defence Forces, make a complete report to the Chief of the Defence Forces, or the formation commander under whose command he is serving or the officer to whom he is responsible in matters of administration.

    (2) When a report under paragraph (1) of this subregulation is received, the officer by whom it is received may–

    (a)    order a summary investigation; or

    (b)    convene or order the convening of a board of inquiry.

13.73 - INVESTIGATION INTO LOSS OR DAMAGE DUE TO A CRIMINAL OFFENCE

    (1) In addition to action taken under subregulation 13.71 or 13.72, when loss of or damage to public or non-public property is suspected to be the result of a criminal offence, action shall be taken in accordance with orders issued by the Chief of the Defence Forces.

    (2) When a civilian who is not subject to the Code of Service Discipline is suspected of implication in theft or other offence involving loss of or damage to public or non-public property, the commanding officer shall–

    (a)    immediately inform the civil police authorities;

    (b)    leave to the police or other civil authorities any questioning of the suspected civilian.

(13.74 - NOT ALLOCATED)

13.75 - CONVENING OF A BOARD OF INQUIRY ON MISSING CLASSIFIED MATERIAL

    When any material classified higher than Restricted is missing, the commanding officer shall immediately inform the Chief of the Defence Forces and order an investigation in accordance with instructions issued by the Chief of the Defence Forces.

(13.76 TO 13.99 INCLUSIVE: NOT ALLOCATED)

REGULATION 14
PROVOST SERVICES

(Refer carefully to the Definitions when reading every regulation)

14.01 - POWERS OF SPECIALLY APPOINTED PROVOST PERSONNEL

    (1) Section C. 84 of the Code of Service Discipline provides–

        "C. 84 The officers and men who are appointed under Defence Forces Regulations for the purposes of this section may–

        (a)    detain or arrest without a warrant any person who is subject to this Code regardless of the rank or status of that person, who has committed, is found committing, is suspected of being about to commit, or is suspected of or charged under this Code with having committed a service offence; and

        (b)    exercise any other powers of arrest, search and detention for carrying out the purposes of this Code which are prescribed in Defence Forces Regulations.".

    (2) The following persons are appointed for the purposes of section C. 84 of the Code of Service Discipline:

    (a)    every officer posted to an established position as Provost Marshal, Deputy Provost Marshal, or to any other established position to be employed on military police duties; and

    (b)    every man employed an military police duties and qualified in the trade of military policeman, but not including unit personnel temporarily employed an regimental police duties.

    (3) An officer or man specified in paragraph (2) of this subregulation may, subject to paragraphs (4) and (5) of this subregulation, search the personal equipment and belongings, or the person, of any person who is subject to the Code of Service Discipline when that person has committed, is found committing, is suspected of being about to commit, or is suspected of or charged with having committed, a service offence.

    (4) A search under paragraph (3) of this subregulation shall, when practical, be conducted under the direction and in the presence of an officer.

    (5) No female person shall be searched except by a female.

14.02 - RESPONSIBILITIES OF SPECIALLY APPOINTED PROVOST PERSONNEL

    The responsibilities of officers appointed under subregulation 14.01 shall be as prescribed by the Chief of the Defence Forces.

(14.03 TO 14.05 INCLUSIVE: NOT ALLOCATED)

14.06 - GUARD REPORTS

    (1) A report shall be made by the officer or man in charge of a guard room, detention room, or detention barracks on each person–

    (a)    placed in his care under close custody or to undergo sentence; or

    (b)    confined in a hospital under escort supplied by the station, unit, or other element.

    (2) The report prescribed in paragraph (1) of this subregulation shall be made to the commanding officer–

    (a)    on the day the person is admitted to custody;

    (b)    on the first day an escort is supplied for a man confined to hospital; and

    (c)    subsequently–

        (i)    if the man is not undergoing sentence, daily; or

        (ii)    if the man is undergoing sentence, forty-eight hours prior to the expected time of release from custody.

    (3) Each report shall contain–

    (a)    the number, rank, name and unit of the person in custody;

    (b)    the date on which the person was first received into custody;

    (c)    the offence with which he has been charged or for which a sentence has been imposed;

    (d)    the authority by whose order the person was confined; and

    (e)    the time to be served, if a punishment of detention has been imposed.

(14.07 TO 14.99 INCLUSIVE: NOT ALLOCATED)

REGULATION 15
DUTIES IN AID OF THE CIVIL POWER

(Refer carefully to the Definitions 1.02 when reading every regulation)

15.01 - GENERAL

    (1) Section 21 of the National Defence Act * which contains the statutory provisions dealing with the liability of the Defence Forces to be called out in aid of the civil power reads as follows:

        "21. (1) Subject to subsection (3), the Defence Forces, any part of them, and any officer or man, are liable to be called out for service in aid of the civil power in any case in which a riot or disturbance of the peace occurs or is, in the opinion of the appropriate civil authority likely to occur, if in the opinion of the appropriate civil authority the riot or disturbance of the peace is likely to be beyond the powers of the civil authorities to suppress or prevent.

        (2) Defence Forces Regulations shall provide for the manner of calling out the Defence Forces in aid of the civil power.

        (3) Unless he has been mobilised pursuant to section 41, no member of the Regular Reserve shall be required to serve in aid of the civil power without his consent.".

    (2) The provisions of this Regulation do not relate to the employment of the Defence Forces in rendering assistance to the civil authorities pursuant to section 23 of the National Defence Act *.

15.02 - REGIONAL COMMISSIONERS MAY REQUISITION DEFENCE FORCES

    (1) In any case where a riot or disturbance occurs or is considered as likely to occur, the Regional Commissioner of the region in which is situated the place where the riot or disturbance occurs, or is considered as likely to occur, on his own motion or upon receiving notification from a judge of the High Court or other appropriate judicial or police authority having jurisdiction in that place that the services of the Defence Forces are required in aid of the civil power, may by requisition in writing, signed by him and addressed to the Minister, request the Defence Forces or such part of them which the authorities hereinafter mentioned consider necessary to be called out on service in aid of the civil power.

    (2) Where by reason of emergency the Regional Commissioner is of the opinion that immediate assistance is required, he may after having sent the requisition mentioned in paragraph (1) of this subregulation in the normal way, communicate his request by the fastest means available. Indicating at the time that the requisition has been sent and by what means.

15.03 - ACTION UPON RECEIPT OF REQUISITION

    The Minister, upon receipt of a requisition mentioned in paragraph (1) of subregulation 15.02, or a request under paragraph (2) of that subregulation, shall, unless in his opinion valid and substantial reasons exist for not complying with the requisition or request, direct the Chief of Defence Forces to call out in aid of the civil power any units or other elements of the Defence Forces which are, in the opinion of the Chief of the Defence Forces, necessary to deal with the situation.

15.04 - ACTION BY CHIEF OF THE DEFENCE FORCES

    (1) Where a direction from the Minister pursuant to subregulation 15.03 is received by the Chief of the Defence Forces he shall call out any part of the Defence Forces which he considers necessary for suppressing or preventing the riot or disturbance mentioned in the requisition or request and shall cause them to be despatched to the place where the riot or disturbance is occurring or is considered as likely to occur.

    (2) Where appropriate, the Chief of the Defence Forces shall designate the officer who is to be in command of the Defence Forces called out in aid of the civil power.

15.05 - LIABILITY OF VOLUNTEER RESERVE

    The Chief of the Defence Forces may, if he considers it expedient so to do, call out in aid of the civil power any officers, and men of the Volunter Reserve whom he considers necessary for suppressing or preventing the riot or disturbance referred to in a requisition or request made pursuant to subregulation 15.02.

15.06 - FORM OF REQUISITION

    Subject to subregulation 15.07, a requisition of a Regional Commissioner under subregulation 15.02, may be in the following form or to like effect:

15.07 - REQUISITION TO INCLUDE

    (1) In a requisition made under subregulation 15.02 it shall be stated that information has been received by the Regional Commissioner from responsible persons, or a Judge of the High Court or other appropriate judicial or police authority, that a riot or disturbance beyond the powers of the civil authorities to suppress or to prevent or to deal with, as the case may be, has occurred, or is considered as likely to occur, and that the Defence Forces are required in aid of the civil power and the requisition shall further state that it has been made to appear to the satisfaction of the Regional Commissioner that the Defence Forces are so required.

    (2) In a requisition made under subregulation 15.02 there shall also be embodied an acknowledgement that all expenses and costs incurred by the Defence Forces or any part of them being called out for service in aid of the civil power pursuant to the requisition shall be recoverable by the Defence Forces.

15.08 - EXAMINATION OF REQUISITION

    Where the Minister receives a requisition made pursuant to subregulation 15.02 he shall examine the requisition to determine its validity and to determine that it contains the statements and undertakings required by these Regulations and where it is deficient it shall be returned to the Regional Commissioner with an indication of the defect in the requisition.

15.09 - REQUISITION TO BE BINDING ON THE REGION

    Every statement of fact contained in a requisition made under subregulation 15.02 is conclusive and binding upon the Region on behalf of which the requisition is made, and every undertaking, promise or acknowledgement on the requisition is binding upon the Region and not open to question or dispute by reason of lack of competence or authority on the part of any person or for any other reason.

15.10 - STATEMENTS NOT OPEN TO DISPUTE BY DEFENCE FORCES

    A statement of fact contained in a requisition made pursuant to subregulation 15.02 is not open to dispute.

15.11 - REPORT BY REGIONAL COMMISSIONER

    In every case where a requisition is made under subregulation 15.02, the Regional Commissioner of the region concerned shall, within seven days after the making of the requisition, cause an inquiry to be made into the circumstances which occasioned the calling out of the Defence Forces or any part of them and shall send a report upon the circumstances to the Minister for Home Affairs.

15.12 - DURATION OF AID OF THE CIVIL POWER

    The Defence Forces or any part of them called out in aid of the civil power pursuant to a requisition made under subregulation 15.02 shall remain on duty in numbers which the officer who has carried into effect the said requisition deems necessary or orders, until notification is received from the Regional Commissioner concerned that the Defence Forces are no longer required in aid of the civil power.

15.13 - ACCOUNTS AND RECORDS

    (1) The costs and expenses recoverable by the Defence Forces are those which were incurred only by reason of parts of the Defence Forces having been called out in consequence of a requisition by the Regional Commissioner of the region concerned. These costs–

    (a)    do not include–

        (i)    the pay and allowances which in any event would have been paid to members of the Regular force whether or not they had been called out; and

        (ii)    the cost of the rations or allowance in lieu of it which would normally have been supplied to the Regular Force called out; and

    (b)    do include–

        (i)    any pay and allowances of members of those parts of the Reserves who were called out;

        (ii)    the cost of rations and quarters issued to the Reserves called out;

        (iii)    the cost of any emergency meals and quarters supplied to the Regular Force which would not have been supplied had they not been called out; and

        (iv)    the cost of supplies such as gasoline, oil and other expendable commodities which would not have been used in the course of the normal functions of the Defence Forces.

    (2) Subparagraphs (a) and (b) of paragraph (1) of this subregulation shall not be construed as exhaustive but shall be construed as being illustrative only.

    (3) The commanding officer or the Chief of the Defence Forces as the case may be, shall ensure that property records and accounts are maintained in respect of those parts of the Defence Forces which have been called out in consequence of a requisition from a Regional Commissioner. The record and accounts shall include–

    (a)    the daily strength return;

    (b)    the number of officers and men of the Regular Force;

    (c)    the number of officers and men of the reserves; and

    (d)    the expenses and costs in detail of the character prescribed in paragraph (1)(b) of this subregulation, whether these costs have been incurred by reason of actual expenditure or by commitment only.

    (4) On completion of the duty for which the Defence Forces have been called out, the accounts and records prescribed in this subregulation shall be forwarded by the commanding officer to Defence Forces Headquarters in the form which the Chief of the Defence Forces may prescribe.

15.14 - POSITION OF THE DEFENCE FORCE IN RELATION TO THE CIVIL POWER

    When any parts of the Defence Forces are on service in aid of the civil power, they do not replace the civil power but are assisting it in the maintenance of law and order. The responsibility for the reading or the making of a proclamation as prescribed in the Penal Code rests entirely with the civil power and in no way with the Defence Forces.

15.15 - ROLE OF MAGISTRATE

    (1) The officer in command of those parts of the Defence Forces which have been called out on service in aid of the civil power, and the officer in command of a detached portion of the Defence Forces so called out, other than small pickets or posts established as part of the tactical disposition, shall ensure that–

    (a)    a magistrate with whom he can immediately communicate is conveniently available; and

    (b)    when the forces under his command are likely to be required to exercise military strength, those forces are accompanied by a magistrate.

    (2) If the officer described in paragraph (1) of this subregulation is unable to arrange for the prescribed magistrate, he shall immediately inform the commanding officer or the Chief of the Defence Forces as the case may be.

    (3) Upon receipt of a notification prescribed in paragraph (2) of this subregulation the commanding officer or the Chief of the Defence Forces as the case may be, shall immediately–

    (a)    inform the Regional Commissioner who made the requisition of the necessity of having the magistrate made available; and

    (b)    request the regional Commissioner to make arrangements for the required number of magistrates.

15.16 - REQUEST BY MAGISTRATE TO TAKE ACTION

    (1) If the accompanying magistrate concludes that the civil power is unable to deal with the situation and that it demands the interference of the Defence Forces by action, then whether the proclamation referred to in subregulation 15.14 has been made or not, it is his duty to request the officer in command of parts of the Defence Forces called out in aid of the civil power or the detachment commander as the case may be, to take action. This request should be in writing when possible but may if the exigencies of the situation so require be made orally.

    (2) When requested to take action under paragraph (1) of this subregulation, the officer concerned shall–

    (a)    consider whether immediate action is necessary;

    (b)    if he considers that action is necessary take the action which appears to him to be requisite;

    (c)    exercise his discretion as to the nature of the action to be taken and as to the arms which officers and men under his command shall use;

    (d)    exercise his discretion in the orders given to officers and men under his command as to the opening of fire; and

    (e)    discontinue any action instituted when it appears to him that further action is not required.

15.17 - OFFICERS AND MEN TO HAVE POWERS OF PUBLIC OFFICER

    Section 22 of the National Defence Act * provides–

        "22. Officers and men called out for service in aid of the civil power pursuant to section 21 shall, without further authority or appointment and without taking any oath of office, have and may exercise, in addition to their powers and duties as officers and men, all the powers and duties of a police officer; but they shall act only as a military force, and are individually liable to obey the orders of their superior officers."

15.18 - ORDERS TO FIRE

    (1) No officer or man shall order the use of firearms except–

    (a)    the officer in command of the Defence Forces called out in aid of the civil power; or

    (b)    the officer in command of a detached portion of the Defence Forces called out in aid of the civil power; or

    (c)    an officer specifically designated by one of the officers described in subparagraphs (a) and (b) of this paragraph.

    (2) No officer or man shall open fire except upon the order of an officer described in paragraph (1) of this article.

    (3) The officer in command of the Defence Forces called out in aid of civil power, and the officer in command of a detached portion of the Defence Forces so called out, shall ensure that every officer and man under his command is made aware–

    (a)    of those officers by whom an order to open fire may be given;

    (b)    that except upon the order of one of those officers the use of firearms is strictly forbidden;

    (c)    that is they are ordered to fire, they must do so in such a manner as to be able to cease fire immediately it becomes no longer necessary; and

    (d)    that if they are ordered to fire, they will do so upon those persons who are seen to be implicated in the disturbance, and shall fire for effect.

    (4) The officer in command of the Defence Forces called out in aid of the civil power shall so dispose his forces and organize the chain of command, that if it is necessary to open fire the action will be carried out by the minimum number of officers and men required to attain the object desired.

15.19 - WARNING TO CIVILIAN POPULATION CONCERNING USE OF FIREARMS

    (1) When the Defence Forces called out in aid of the civil power are employed in the suppression of riots or in the enforcement of the law, all persons who oppose them shall be warned that, if the Defence Forces are ordered to fire, that fire will be effective.

    (2) The warning prescribed in paragraph (1) of this subregulation shall be given whenever practical in conjunction with the magistrates who have requested action to be taken by the Defence Forces, and shall be notified to the public by–

    (a)    the officer in command of the Defence Forces called out;

    (b)    the officer in command of each detached portion of the Defence Forces; and

    (c)    any pickets or posts which have been established.

15.20 - WEAPONS

    Weapons other than rifles, bayonets, light machine guns, sub-machine carbines, pistols and lachrymatory grenades shall not be used unless the approval of the Chief of the Defence Forces has first been obtained.

15.21 - DAILY REPORTS BY OFFICERS IN COMMAND

    During the period that any portion of the Defence Forces is on service in aid of the civil power, the officer in command of the forces called out will forward a daily report by message to the Chief of the Defence Forces.

15.22 - REPORT BY OFFICER IN COMMAND ON COMPLETION OF DUTY

    On completion of the duty for which the Defence Forces have been called out on service in aid of the civil power, an immediate report of it in writing will be made by the officer in command of the parts of the Defence Forces so called out to the commanding officer or the Chief of the Defence Forces as the case may be, and where the report is sent to the commanding officer the commanding officer shall transmit it to the Chief of the Defence Forces.

(15.23 TO 15.99 INCLUSIVE: NOT ALLOCATED)

REGULATION 16
ASSISTANCE TO CIVIL AUTHORITIES

(Refer carefully to the Definitions when reading every regulation)

16.01 - GENERAL

    Section 23 of the National Defence Act * provides the statutory authority for the employment of the Defence Forces in rendering assistance to civil authorities.

    Section 23 reads as follows:

        "23. (1) Subject to subsections (3) and (4), Defence Forces Regulations may authorize the employment of the Defence Forces or any part of them in rendering assistance to the civil authorities where the assistance is required to prevent loss of life or serious loss of or damage to property, or for other purposes when the public interest so requires, and may prescribe the circumstances in which and the conditions on which that assistance may be rendered.

        (2) Service by officers or men in rendering assistance so authorized shall constitute military duty.

        (3) Unless he has been mobilised pursuant to section 41, no member of the Regular Reserve shall be required to perform any service in rendering assistance authorized by Regulations under this section without his consent.

        (4) Unless he has been mobilised pursuant to section 41, or called out for service in aid of the civil power pursuant to section 21, no member of the Volunteer Reserve shall be required to perform any service in rendering assistance authorized by Regulations under this section without his consent.".

16.02 - REGIONAL COMMISSIONER MAY REQUEST

    (1) Subject to paragraph (2) of this subregulation when a Regional Commissioner considers it necessary or desirable that the Defence Forces should render assistance to the civil authorities in the prevention of loss of life or serious loss of or damage to property, or for other purposes when the public interest so requires, he may direct a request to the Minister in writing, or where time does not permit, by the speediest means available to be confirmed later in writing, setting out the circumstances and why the employment of the Defence Forces is considered necessary.

    (2) Where loss of life or serious loss of or damage to property is threatened by fire, flood or other natural disaster, the request can be made by the Regional Commissioner or District Commissioner to a commanding officer or any unit or other element of the Defence Forces stationed in the Region concerned.

16.03 - ACTION ON RECEIPT OF REQUEST

    (1) When the Minister receives a request pursuant to subregulation 16.02 he shall consult with the Chief of the Defence Forces to ensure that compliance with the request will not unduly interfere with operations or training of the Defence Forces or result in undue consumption or loss of defence materiel.

    (2) If the Minister decides to comply with the request he shall direct the Chief of the Defence Forces to assign any parts of the Defence Forces which will in the opinion of the Chief of the Defence Forces meet the requirements of the request, and limit interference with operations and training of the Defence Forces.

16.04 - ACTION BY COMMANDING OFFICER ON RECEIPT OF A REQUEST

    A commanding officer who received a request for assistance pursuant to subparagraph (2) of subregulation 16.02 shall –

    (a)    provide any assistance which he considers necessary and which is available having regard to military requirements;

    (b)    make an immediate report to the Chief of the Defence Forces; and

    (c)    if unable to comply with the request–

        (i)    inform the authority making the request accordingly; and

        (ii)    advise the Chief of the Defence Forces by the speediest means available.

16.05 - COSTS MAY BE RECOVERABLE

    Whenever a request for assistance is received pursuant to subregulation 16.02, the person making the request shall be informed that any costs incurred by the Defence Forces in meeting the request may be recovered.

16.06 - ACCOUNTS AND RECORDS

    (1) The costs and expenses recoverable by the Defence Forces are those which were incurred only by reason of parts of the Defence Forces having been employed in rendering assistance to the civil authorities pursuant to a request made under subregulation 16.02. These costs–

    (a)    do not include–

        (i)    the pay and allowances which in any event would have been paid to members of the Regular Force whether or not they had been so employed; and

        (ii)    the cost of rations or allowance in lieu of it which would normally have been supplied to the Regular Force so employed; and

    (b)    do include–

        (i)    any pay and allowances issued to members of the Reserves so employed;

        (ii)    the cost of rations and quarters issued to members of the Reserves so employed;

        (iii)    the cost of any emergency meals and quarters supplied to the Regular Force which would not have been supplied had they not been so employed; and

        (iv)    the cost of supplies such as gasoline, oil and other expendable commodities which would not have been used in the course of the normal functions of the Defence Forces.

    (2) Subparagraphs (a) and (b) of paragraph (1) of this subregulation shall not be construed as exhaustive but shall be construed as being illustrative only.

    (3) The commanding officer or the Chief of the Defence Forces as the case may be, shall ensure that proper records and accounts are maintained in respect of those parts of the Defence Forces which are employed in rendering assistance pursuant to this Regulation. The records and accounts shall include–

    (a)    the daily strength return;

    (b)    the number of officers and men of the Regular Force;

    (c)    the number of officers and men of the Reserves; and

    (d)    the expenses and costs in detail of the character prescribed in paragraph (1)(b) of this subregulation, whether these costs have been incurred by reason of actual expenditure or by commitment only.

    (4) On completion of the employment of the Defence Forces in rendering assistance to the civil authorities, the accounts and records prescribed in this subregulation shall be forwarded by the commanding officer to Defence Forces Headquarters in the form which the Chief of the Defence Forces may prescribe.

16.07 - REPORT ON COMPLETION OF DUTY

    On completion of the employment of the Defence Forces in rendering assistance to the civil authorities, the commanding officer shall make an immediate report to the Chief of the Defence Forces.

(16.08 TO 16.99 INCLUSIVE: NOT ALLOCATED)

REGULATION 17
CASUALTIES AND FUNERALS

(Refer carefully to the Definitions when reading every regulation)

RULE 1 - CASUALTIES

17.01 - REPORTING OF CASUALTIES

    The reporting of casualties shall be as prescribed by the Chief of the Defence Forces.

17.02 - PRESS RELEASES REGARDING CASUALTIES

    The officer in command of a station, unit, or other element at which a serious accident occurs or to which a serious accident is reported may issue a brief conservative statement to the press, but shall ensure that–

    (a)    the accident is not exaggerated in any way; and

    (b)    the names of persons involved are withheld until confirmation has been received that the next-of-kin have been informed.

(17.03 TO 17.14 INCLUSIVE: NOT ALLOCATED)

RULE 2 - FUNERALS

17.15 - ENTITLEMENT TO MILITARY FUNERALS

    If the next-of-kin so desires, a military funeral–

    (a)    shall, when practical, be accorded to–

        (i)    a deceased officer or man of the Regular Force;

        (ii)    an officer or man of the Reserves who dies when on duty or when on continuing full time service either with the Regular Force or with the Reserves; and

        (iii)    a former officer or man who held the highest award for valour awardable by Tanzania; and

    (b)    may, with the prior approval of the Chief of the Defence Forces, be accorded to–

        (i)    a deceased officer or man of the Reserves who does not come within the provisions of paragraph (a) of this subregulation; and

        (ii)    a deceased former officer or man.

17.16 - PARTICIPATION IN MILITARY FUNERALS

    If the exigencies of the service permit, a commanding officer may, with the prior approval of the Chief of the Defence Forces, authorize service participation in a military funeral other than that prescribed in subregulation 17.15.

17.17 - PLACE OF INTERMENT

    (1) When an officer or man dies in Tanzania, interment shall be–

    (a)    in any place in Tanzania designated by the next-of-kin; or

    (b)    in a place designated by the Chief of the Defence Forces–

        (i)    if direction cannot be obtained from the next-of- kin; or

        (ii)    when the circumstances surrounding the death prohibit the removal of the remains of the deceased.

    (2) When an officer or man dies outside Tanzania, interment shall be in a place outside Tanzania designated by the Chief of the Defence Forces.

    (3) The remains of an officer or man interred in a place designated under paragraph (2) of this subregulation shall not be brought to Tanzania either at public expense or at the request of relatives.

17.18 - TRANSPORTATION OF DECEASED

    (1) Subject to paragraph (2) of this subregulation, when an officer or man is to be interred at a place other then where his death occurred, an officer or man, when practical of a rank not lower than that of the deceased, shall accompany the remains to the place of interment.

    (2) Where compliance with paragraph (1) of this subregulation is not practical in the circumstances, the directions of Defence Forces Headquarters shall be obtained.

17.19 - DEATH OF DEPENDANTS ABROAD

    When a dependant who accompanies an officer or man serving outside Tanzania dies the remains shall not be brought to Tanzania either at public expense or at the request of relatives.

(17.20 TO 17.99 INCLUSIVE: NOT ALLOCATED)

REGULATION 18
SERVICE ESTATES AND PERSONAL BELONGINGS

(Refer carefully to the Definitions when reading every regulation)

RULE 1 - SERVICE ESTATES

18.01 - GENERAL

    Section 48 of the National Defence Act * provides–

        "48. (1) The Chief of the Defence Forces shall appoint an officer to be Officer in Charge of Service Estates.

        (2) The Officers in Charge of Service Estates shall be responsible for the collection, distribution and transmission of service estates in accordance with the provisions of this Act and Defence Forces Regulations.".

18.02 - MEANING OF "SERVICE ESTATE"

    (1) Section 49 of the National Defence Act * provides in part as follows:

        "(4) For the purposes of this section, "service estate" means–

        (a)    service pay and allowances or other gratuity due or otherwise payable to the deceased officer or man; and

        (b)    personal property, including any personal equipment which an officer or man is, under Defence Forces Regulations, permitted to retain or release, belonging to the deceased officer or, man and found in camp, quarters or otherwise in the care of the Defence Forces.".

    (2) Unless the Chief of the Defence Forces otherwise directs, "service estate" shall not include any personal equipment which an officer or man is, under Defence Forces Regulations, permitted to retain on release or personal belongings found in married quarters or otherwise under the care, custody or control of the next-of-kin of the deceased officer or man.

18.03 - APPLICATION AND DEFINITIONS

    (1) The provisions of this Regulation shall apply in respect of an officer or man of–

    (a)    the regular Force;

    (b)    the Reserves when he is performing–

        (i)    continuing full time service; and

        (ii)    camp training; and

    (c)    any other disciplined forces which are ordered to be mobilised for service pursuant to Part XV of the Police Force and Auxiliary Services Act *.

    (2) For the purposes of this Regulation, "net assets" means the assets of a service estate remaining after payment of any preferential charges prescribed in subregulation 18.06 or any payment authorized under subregulation 18.07.

18.04 - OFFICER IN CHARGE OF SERVICE ESTATES

    (1) The Officer in Charge of Service Estates shall be directly responsible to the Chief of the Defence Forces.

    (2) The Officer in Charge of Service Estates shall, in exercise of his powers, duties and functions under these Regulations, to the exclusion of all other authorities and persons, have the same rights and powers in respect of a service estate as if he had been appointed an executor or administrator of that estate by a court of competent jurisdiction.

18.05 - COMMITTEE OF ADJUSTMENT TO DEAL WITH A SERVICE ESTATE

    (1) When an officer or man dies the commanding officer shall appoint a committee of adjustment to deal with the service estate.

    (2) A committee of adjustment appointed under paragraph (1) of this subregulation shall–

    (a)    be constituted and proceed as prescribed by the Chief of the Defence Forces;

    (b)    collect, inventory, and safeguard the service estate;

    (c)    forward a copy of its minutes direct to the Officer in Charge of Service Estate; and

    (d)    dispose of the service estate as directed by the Officer in Charge of Service Estates.

18.06 - PREFERENTIAL CHARGES AGAINST A SERVICE ESTATE

    (1) Preferential charges against a service estate shall be–

    (a)    sums due for quarters;

    (b)    unpaid non-public property accounts;

    (c)    sums due for material; and

    (d)    a debit balance in the pay account.

    (2) The Officer in Charge of Service Estates shall pay out of the service estate the charges prescribed in paragraph (1) of this subregulation in the order shown and in preference to all other claims.

    (3) The decision of the Chief of the Defence Forces shall be final and binding when any question arises in relation to the payment or disposition of any preferential charge.

18.07 - DEBT INCURRED ABROAD

    The Officer in Charge of Service Estates may direct that out of a service estate shall be paid any debts incurred in the country (other than Tanzania) in which the deceased officer or man died and owing to a person not a member of the Defence Forces, when, under the law of that country or under an applicable international agreement, disposal of personal property situated in the country and forming part of the service estate of the officer or man cannot be effected until the debts are settled.

18.08 - ADMINISTRATION OF SERVICE ESTATES

    (1) The net assets of a service estate will be distributed in accordance with these regulations and in accordance with subsections (1), (2) and (3) of section 48 of the National Defence Act * which provides as follows:

        "(1) Where any officer or man of the Defence Forces dies having named an executor, the Officer in Charge of Service Estates shall cause to be paid or delivered to that executor the service estate of the officer or man together with the name and address of his next-of-kin and any Will made by the deceased officer or man which is in the custody of the Defence Forces.

        (2) Where an officer or man of the Defence Forces dies not having named an executor or when the named executor refuses to act or is incapable of acting in such capacity, the Officer in Charge of Service Estates shall consult with the Administrator-General and–

        (a)    if the Administrator-General is willing to undertake the administration of the service estate, shall cause the service estate to be paid or delivered to the Administrator-General, together with the name and address of the next-of-kin and any Will made by the deceased officer or man which is in the custody of the Defence Forces; or

        (b)    if the Administrator-General is not willing to undertake the administration of the service estate, shall cause the estate to be paid or delivered to the Administrative Officer of the district specified by the officer or man on enrolment as the district in which he ordinarily resides, together with the name and address of the next-of-kin and any Will made by the deceased officer or man which is in the custody of the Defence Forces.

        (3) The Administrative Officer to whom a service estate has been delivered in accordance with paragraph (b) of subsection (2) shall–

        (a)    if the estate is one in which the Probate and Administration of Estates Act * applies or is an estate of which an administrator has been appointed by a primary court, pay or deliver the same to the legal personal representative of the deceased officer or man; or

        (b)    if the estate is one to which the Probate and Administration of Estates Act * does not apply and no appointment of an administrator has been appointed by a primary court, himself distribute the same according to law.".

    (2) Where a service estate is sent to an Administrative Officer pursuant to paragraph (b) of subsection (2) of section 48 of the National Defence Act *, a report of the action taken will be sent to the Administrator-General including particulars of the service estate, next-of-kin and information as to whether any Will was forwarded with the service estate.

18.09 - DISTRIBUTION OF ORDERS, DECORATIONS AND MEDALS

    Where an officer or man dies intestate the Officer in Charge of Service Estates, may without regard to the law of intestate succession governing the estate of the officer or man concerned, distribute any order, decoration or medal to any person or persons which he thinks best qualified in the circumstances to receive them, but normally in the following order of preference–

    (a)    widow;

    (b)    eldest surviving son;

    (c)    eldest surviving daughter;

    (d)    father;

    (e)    mother;

    (f)    eldest surviving brother; or

    (g)    eldest surviving sister.

18.10 - CLAIMS AGAINST SERVICE ESTATES

    Except as respecting any matter prescribed in subregulations 18.06 and 18.07 any other claim against a service estate shall be referred by the Officer in Charge of Service Estates to the appropriate authority referred to in subregulation 18.08.

(18.11 TO 18.20 INCLUSIVE: NOT ALLOCATED)

RULE 2 - DISPOSAL OF PERSONAL BELONGINGS

18.21 - COMMITTEE OF ADJUSTMENT TO DEAL WITH PERSONAL BELONGINGS

    (1) For the purposes of this subregulation "personal belongings" means–

    (a)    personal equipment that an officer or man is, under regulations, orders or instructions permitted to retain on release; and

    (b)    personal belongings, including cash, found in quarters or otherwise in the care or custody of the Defence Forces.

    (2) When an officer or man is missing or is released with unsound mind, the commanding officer shall appoint a committee of adjustment to deal with the officer's or man's personal belongings that are not in the care or custody of his next-of-kin.

18.22 - PERSONAL BELONGINGS OF A MISSING OFFICER OR MAN

    A committee of adjustment appointed under subregulation 18.21 to deal with the personal belongings of an officer or man who is missing shall–

    (a)    be constituted and proceed as prescribed by the Chief of the Defence Forces;

    (b)    collect, inventory and safeguard the personal belongings not in the care or custody of the next-of-kin;

    (c)    forward a copy of its minutes to the Officer in Charge of Service Estates; and

    (d)    dispose of the personal belongings mentioned in paragraph (b) of this subregulation as directed by the Officer-in-Charge of Service Estates. (See subregulation 11.05 Disposal of Orders, Decorations and Medals.)

18.23 - PERSONAL BELONGING OF AN OFFICER OR MAN RELEASED WITH UNSOUND MIND

    A committee of adjustment appointed under subregulation 18.21 to deal with the personal belongings of an officer or man released with unsound mind shall–

    (a)    be constituted and proceed as prescribed by the Chief of the Defence Forces;

    (b)    collect, inventory, and safeguard the personal belongings not in the care or custody of the next-of-kin;

    (c)    forward a copy of its minutes to Defence Forces Headquarters; and

    (d)    seek instruction from Defence Forces Headquarters as to the disposal of the personal belongings mentioned in (b) of this subregulation. (See subregulation 11.05 Disposal of Orders, Decorations and Medals.)

18.24 - AN OFFICER OR MAN COMMITTED TO IMPRISONMENT OR DETENTION

    (1) When an officer or man is sentenced to imprisonment or detention, on the expiration of which sentence he will not be returned to his unit, he shall be informed by his commanding officer that the Defence Forces are not responsible for the custody of his personal belongings.

    (2) The commanding officer shall require the officer or man to make private arrangements for the custody or disposal of his personal belongings which are not sent with him to prison or detention barracks.

18.25 - ABSENTEES AND DESERTERS

    (1) Section 47 of the National Defence Act * provides–

        "47. The personal belongings and decorations of an officer or man who is a deserter or who is otherwise absent without leave, which are found in camp, quarters or otherwise in the care or custody of the Defence Forces shall vest in the President and shall be disposed of in accordance with Defence Forces Regulations.".

    (2) The commanding officer shall ensure that the personal belongings, not in the care or custody of the next-of-kin, which are left behind at a station, unit or other element by an officer or man who is absent without leave are placed in safe custody and an inventory is taken.

    (3) When an officer or man absent without leave surrenders himself or is apprehended within one year from the date of commencement of his absence, his personal belongings shall be returned to him.

    (4) When an officer or man absent without leave has not surrendered or been apprehended within one year from the date of commencement of his absence, the personal belongings held in safe custody shall be forwarded to his next-of-kin. If the next-of-kin is not known, or the nature or conditions of the personal belongings is such as to warrant not sending them to the next-of-kin, instructions shall be requested from Defence Forces Headquarters and the Chief of the Defence Forces may direct that the personal belongings be sold, destroyed or otherwise disposed of. (See subregulation 11.05 Disposal of Orders, Decorations and Medals.)

18.26 - PERSONAL BELONGINGS UNCLAIMED

    Personal belongings left unclaimed at any station or unit or in any vessel, vehicle or aircraft shall be disposed of in accordance with orders issued by the Chief of the Defence Forces.

(18.27 TO 18.30 - NOT ALLOCATED)

RULE 3 - LOSS OF OR DAMAGE TO PRIVATE PROPERTY AND PERSONAL BELONGINGS

18.31 - INSURING OF PRIVATE PROPERTY AND PERSONAL BELONGINGS

    The Department of National Defence does not, except as may otherwise be provided in these Regulations, assume any responsibility for the loss of or damage to the private property and personal belongings of an officer or man resulting from fire, theft or other causes. Loss or damage attributable to the ordinary risks of civil life are the responsibility of the officer or man concerned and all officers and men are warned of the advisability of insuring their private property and personal belongings against these hazards.

(18.32 TO 18.99 INCLUSIVE: NOT ALLOCATED)

REGULATION 19
PERSONAL RECORDS AND DOCUMENTS

(Refer carefully to the Definitions when reading every regulation)

RULE 1 - GENERAL

19.01 - SERVICE RECORDS

    (1) Service records shall be prepared and maintained for every officer and man as prescribed by the Chief of the Defence Forces.

    (2) The enrolment forms of an officer or man, together with any personal documents or personal forms prescribed by the Chief of the Defence Forces, shall be included in the service records.

19.02 - DOMESTIC EVENTS AFFECTING PENSION OR PAY AND ALLOWANCES

    (1) When any domestic event occurs which may affect his pension or pay and allowances, an officer or man shall submit to his commanding officer evidence of the event in writing.

    (2) When documentary evidence of the event is available, the original document or a notarial or photostatic copy shall be submitted to the commanding officer.

(19.03 - NOT ALLOCATED)

19.04 - IDENTIFICATION CARDS

    An identification card in the prescribed form shall be given to an officer or man on enrolment.

(19.05 TO 19.09 INCLUSIVE: NOT ALLOCATED)

RULE 2 - PERSONAL ASSESSMENTS

19.10 - PERSONAL REPORTS AND ASSESSMENTS

    Routine and special personal reports and assessments shall be prepared and submitted at the times and in the manner prescribed by the Chief of the Defence Forces.

19.11 - RECOMMENDATION FOR PROMOTION

    A recommendation as to the suitability of an officer or man for promotion shall be made at the times and in the manner prescribed by the Chief of the Defence Forces.

(19.12 TO 19.15 INCLUSIVE: NOT ALLOCATED)

RULE 3 - CERTIFICATES

19.16 - CERTIFICATE OF DEATH OR PRESUMPTION OF DEATH

    (1) When an officer or man dies, the issuance of a death certificate by civil authorities is governed by the civil law.

    (2) A certificate of death may be issued by service authorities when an officer or man–

    (a)    dies and no death certificate is issued by civil authorities;

    (b)    is killed in action; or

    (c)    is missing, if in the opinion of the Chief of the Defence Forces, or any other officer designated by the Minister, there is conclusive proof that the officer or man is dead. (See subregulation 13.41 (General) and subregulation 13.44 (Investigation of an Officer or Man Missing due to Enemy Action).)

    (3) Section 56 of the National Defence Act * provides–

        "56. Where an officer or man disappears under circumstances that, in the opinion of the Defence Forces Committee or any other authorities as may be prescribed by Defence Forces Regulations, raise beyond a reasonable doubt a presumption that that officer or man is dead, the Committee or any that other authority may issue a certificate declaring that that officer or man is deemed to be dead and stating the date upon which his death is presumed to have occurred; and that officer or man shall thenceforth, for the purposes of this Act and Defence Forces Regulations, and in relation to his status and service in the Defence Forces, be deemed to have died on that date.".

    (4) When no conclusive proof that a missing officer or man is dead has been produced at the end of six months, the chief of the Defence Forces, or any officer designated by him for the purpose, shall make further inquiries of–

    (a)    the next-of-kin;

    (b)    the Administrative Officer of the district specified by the officer or man on enrolment as the district in which he ordinarily resides;

    (c)    the station or units of the missing officer or man; or

    (d)    any other likely source.

    (5) A certificate of presumption of death may be issued by service authorities when–

    (a)    inquiries made under paragraph (4) of this subregulation fail to produce information indicating that the missing officer or man may still be alive; and

    (b)    in the opinion of the Chief of the Defence Forces or any other officers who may be designated by the Defence Forces Committee, the circumstances surrounding the disappearance of the missing officer or man raise beyond reasonable doubt the presumption that he is dead.

    (6) In a certificate of presumption of death the issuing authority shall–

    (a)    declare that the missing officer or man is deemed to be dead; and

    (b)    state the date on which his death is presumed to have occurred.

19.17 - SIGNING OF CERTIFICATES OF DEATH AND PRESUMPTION OF DEATH

    All certificates of death and of presumption of death shall be signed personally by the Chief of the Defence Forces or by any other officer who may be designated by the Defence Forces Committee.

(19.18 TO 19.25 INCLUSIVE: NOT ALLOCATED)

RULE 4 - CHANGE OF NAME

19.26 - CHANGE FROM AN ASSUMED NAME

    (1) If an officer or man who has enrolled under an assumed name, desires that his true name be shown on his service records and documents, he shall produce satisfactory documentary evidence as to his true name.

    (2) The commanding officer concerned shall forward the birth certificate, where applicable, and other documentary evidence of the true name and identity of the officer or man to Defence Forces Headquarters for confirmation that the documentary proof referred to in paragraph (1) of the subregulation is acceptable.

19.27 - CHANGE OF TRUE NAME THROUGH LEGAL PROCESS

    (1) If an officer or man desires to change his true name for all purposes, he shall do so at his own expense in accordance with the civil law applicable.

    (2) When a change of true name has been effected under paragraph (1) of this subregulation, the commanding officer shall forward the court order or other document to Defence Forces Headquarters for confirmation that the documentary proof or change of name is acceptable.

19.28 - CHANGE OF TRUE NAME FOR SERVICE PURPOSES

    If he is on active service and, in the opinion of the Chief of the Defence Forces, his true name might jeopardise his safety if known to the enemy, an officer or man may change his true name for service purposes in any manner which the Chief of the Defence Forces may prescribe.

19.29 - CHANGE OF NAME IN SERVICE RECORDS

    (1) The name under which an officer or man is enrolled shall not be erased from any of his personal records or documents.

    (2) Upon notification to the commanding officer concerned of the acceptance of the documentary proof of change of name submitted under subregulation 19.26 or 19.27, the personal records and documents of the officer or man concerned shall be amended to record the new name. The old name shall be bracketed in all existing records and documents, but any new records or documents shall bear the new name exclusively.

    (3) A new identification card bearing only the new name shall be issued to the officer or man concerned.

(19.30 TO 19.40 INCLUSIVE: NOT ALLOCATED)

RULE 5 - CONDUCT SHEETS

19.41 - CONDUCT SHEETS GENERALLY

    Conduct sheets shall be prepared, maintained and disposed of as prescribed by the Chief of the Defence Forces.

(19.42 TO 19.99 INCLUSIVE: NOT ALLOCATED)

REGULATION 20
MESSES, CANTEENS AND INSTITUTES

(Refer carefully to the Definitions when reading every regulation)

20.01 - ESTABLISHMENT OF INSTITUTES

    The establishment and administration of messes, canteens and institutes, including their suspension and closing, shall be as prescribed by the Chief of the Defence Forces.

(20.02 TO 20.15 INCLUSIVE: NOT ALLOCATED)

20.16 - AUDIT OF NON-PUBLIC PROPERTY ACCOUNTS

    The accounts of non-public property shall be audited in the manner and at the intervals prescribed by the Chief of the Defence Forces, but not less frequently than once annually.

(20.17 TO 20.25 INCLUSIVE: NOT ALLOCATED)

20.26 - ADMINISTRATIVE DEDUCTIONS - OVERDUE NON-PUBLIC ACCOUNTS

    When a mess, canteen or institute account owed by an officer or man is overdue the commanding officer may order that the officer or man concerned shall be subject to an administrative deduction in an amount sufficient to pay the amount in full. (See Regulation 29.)

(20.27 TO 20.99 INCLUSIVE: NOT ALLOCATED)

REGULATION 21
ALLOTMENT AND OCCUPATION OF QUARTERS

(Refer carefully to the Definitions when reading every regulation)

RULE 1 - GENERAL

21.01 - OBLIGATION TO OCCUPY QUARTERS

    (1) A quarter designated as an official residence shall, if available, be occupied by–

    (a)    the Chief of the Defence Forces;

    (b)    a formation commander; and

    (c)    a station commander.

    (2) An officer or man shall occupy quarters unless–

    (a)    proper quarters are not available; or

    (b)    except for an officer mentioned in paragraph (1) of this subregulation, the officer in command of the station, unit or other element concerned has granted him permission to live out.

    (3) The officer in command of the station, unit or other element–

    (a)    attached to or on temporary duty at the station, unit or other element–

        (i)    for a period not exceeding seven days; and

        (ii)    in exceptional circumstances for any period exceeding seven days but not exceeding thirty days;

    (b)    whose normal place of duty is at such distance from available quarters that, in the opinion of the officer in command, to require him to live in quarters would interfere with the performance of his duties;

    (c)    who is married, to enable him to live with his family; or

    (d)    in any other circumstances as the officer in command considers justifiable.

    (4) Permission to live out of quarters granted by an officer in command of a station, unit or other element shall not in itself entitle an officer or man to an allowance in lieu of quarters.

(21.02 TO 21.05 INCLUSIVE: NOT ALLOCATED)

RULE 2 - MARRIED QUARTERS

21.06 - ENTITLEMENT TO OCCUPY MARRIED QUARTERS

    (1) Except as provided in paragraph (2) of this subregulation, an officer or man and his family shall be entitled to occupy married quarters when–

    (a)    accommodation is available;

    (b)    the officer or man is married and is in receipt of any marriage allowance which may be payable under these Regulations;

    (c)    no member of the family refuses immunization treatment, including vaccination and inoculation, if in the opinion of the officer commanding the unit or station where the quarter is located, that refusal endangers the health of other personnel; and

    (d)    the officer or man and members of his family observe all regulations and orders governing the occupancy of married quarters.

    (2) An officer described in paragraph (1) of subregulation 21.01 shall be entitled to occupy married quarters regardless of his marital status.

21.07 - ACCESS TO MARRIED QUARTERS

    An officer or man occupying married quarters shall allow access to his quarters to officers, men, and civilians when they are required to enter in the performance of their service or departmental duties.

21.08 - ALLOTMENT OF MARRIED QUARTERS

    (1) Subject to subregulation 21.06 (Entitlement to Occupy Married Quarters) and 21.30 (Married Quarters for Civilians), married quarters shall be allotted in accordance with any orders issued by the Chief of the Defence Forces.

    (2) No officer or man to whom married quarters have been allotted shall be dispossessed of them without the approval of the Chief of the Defence Forces or an officer designated by him for the purpose.

21.09 - EVACUATION OF MARRIED QUARTERS IN AN EMERGENCY

    In an emergency, the Chief of the Defence Forces or an officer designated by him for the purpose may if married quarters are required for operational purposes or for the accommodation of military personnel, order the occupants of these quarters to vacate them immediately.

21.10 - CHARGE FOR MARRIED QUARTERS

    Officers and men occupying married quarters shall be charged for the quarters at the rates which may be prescribed by the Minister.

21.11 - OCCUPATION OF SINGLE QUARTERS BY OFFICERS AND MEN ELIGIBLE FOR MARRIED QUARTERS

    Officers and men eligible to occupy married quarters may be required to occupy single quarters if–

    (a)    no married quarters are available; or

    (b)    the officer in command of the station, unit or other element concerned considers it necessary that the officer or man live on the station, unit or other element for the proper performance of his duties.

(21.12 TO 21.19 INCLUSIVE: NOT ALLOCATED)

RULE 3 - SINGLE QUARTERS

21.20 - ALLOTMENT OF SINGLE QUARTERS TO OFFICERS

    Officers shall be granted the choice of vacant single quarters in order of rank and seniority.

21.21 - ALLOTMENT OF SINGLE QUARTERS TO WARRANT OFFICERS AND SENIOR NON- COMMISSIONED OFFICERS

    (1) Unless the exigencies of the Service require otherwise, warrant officers and senior non-commissioned officers who are not eligible to occupy married quarters shall be–

    (a)    allotted quarters separate from those occupies by men below the rank of sergeant; or

    (b)    given permission to live out of quarters if–

        (i)    quarters separate from those occupied by men below the rank of sergeant are not available; and

        (ii)    the commanding officer considers that the exigencies of the service do not require them to occupy single quarters.

    (2) Warrant officers and senior non-commissioned officers shall be granted the choice of vacant single quarters in order of rank and seniority.

21.22 - RIGHT TO RETAIN SINGLE QUARTERS

    (1) An officer or man may retain single quarters while he is on leave, or while absent from the station, unit, or other element on duty when–

    (a)    the expected period of absence does not exceed sixty-one days; and

    (b)    the officer in command considers that the exigencies of the service do not require the re-allotment of the quarters.

    (2) An officer or man to whom single quarters have been allotted shall not, without the approval of the office in command, be dispossessed by any other officer or man.

21.23 - RETENTION OF UNOCCUPIED SINGLE QUARTERS

    Except as provided in subregulation 21.22 an officer shall not retain single quarters he does not occupy unless he is a commanding officer and then only if that commanding officer does not as a result of the retention exclude another officer.

21.24 - SINGLE QUARTERS FOR AN OFFICER OR MAN WHOSE FAMILY IS OCCUPYING MARRIED QUARTERS

    Single quarters may be allotted to an officer or man whose family is occupying married quarters when, owing to the exigencies of the service, he is separated from his family.

(21.25 TO 21.29 INCLUSIVE: NOT ALLOCATED)

RULE 4 - CIVILIANS

21.30 - MARRIED QUARTERS FOR CIVILIANS

    (1) Subject to any instructions issued by the Chief of the Defence Forces, when suitable civilian accommodation is not available, an officer in command of a station, unit or other element may allot married quarters to a civilian employee of the Government of Tanzania who–

    (a)    fills a position on the service establishment; and

    (b)    is not a casual labourer.

    (2) Subject to the approval of the Chief of the Defence Forces, an officer in command of a station, unit or other element may allot married quarters to a civilian, other than one mentioned in paragraph (1) of this subregulation, when–

    (a)    his duties are such that they contribute to the efficiency or welfare of the station, unit or other element; and

    (b)    suitable civilian accommodation is not available.

    (3) A civilian, except one whose terms of employment with the Defence Forces entitles him to free quarters, shall be charged for any married quarters allotted to him at the rate which may be prescribed by the Minister.

21.31 - SINGLE QUARTERS FOR CIVILIANS

    (1) Subject to any instructions issued by the Chief of the Defence Forces, and officer in command of a station, unit or other element may allot single quarters to a civilian employee of the Government of Tanzania who fills a position on the service establishment.

    (2) Subject to the approval of the Chief of the Defence Forces, an officer in command of a station, unit or other element may allot single quarters to a civilian, other then one mentioned in paragraph (1) of this subregulation, when–

    (a)    his duties are such that they contribute to the efficiency or welfare of the station, unit or other element; and

    (b)    suitable civilian accommodation is not available.

    (3) A civilian, except one whose terms of employment entitle him to free quarters, shall be charged for any single quarters allotted to him at the rate which may be prescribed by the Minister.

    (4) The Chief of the Defence Forces may prescribed the terms and conditions of occupancy of single quarters by civilians.

(21.32 TO 21.99 INCLUSIVE: NOT ALLOCATED)

REGULATION 22
WORKS AND BUILDINGS

(Refer carefully to the Definitions 1.02 when reading every regulation)

RULE 1 - GENERAL

22.01 - SAFEGUARDING OF WORKS AND BUILDINGS

    The officer in command shall ensure that all works and buildings at his station, unit or other elements are properly safeguarded at all times.

22.02 - MAINTENANCE, ALTERATION AND ADDITIONS TO WORKS AND BUILDINGS

    (1) Subject to paragraph (2) of this subregulation, maintenance, alterations and additions to works and buildings may be authorized by the Chief of the Defence Forces or any other officers whom he may designate, within financial limits prescribed by the Minister.

    (2) No maintenance, alterations or additions shall be authorized under paragraph (1) of this subregulation if they contravene–

    (a)    any provisions of any deed, lease or other agreement affecting the works or building concerned; or

    (b)    any orders issued by the Chief of the Defence Forces.

(22.03 TO 22.04 INCLUSIVE: NOT ALLOCATED)

22.05 - ACQUISITION AND DISPOSAL OF LAND AND WORKS AND BUILDINGS

    (1) When the officer in command of a station, unit, or other element recommends a proposal for the–

    (a)    acquisition or disposal of land or works and buildings; or

    (b)    use of land or works and buildings for other than military purposes, except as provided in subregulation 22.09 (Use of Works and Buildings for other than Military Purposes); or

    (c)    demolition of works and buildings no longer fit for use or worth the cost of repair, he shall submit it to the Defence Forces Headquarters in accordance with orders issued by the Chief of the Defence Forces.

    (2) When a proposal for the acquisition of land or works and buildings for military use is submitted under paragraph (1) of this subregulation, the proposal shall include–

    (a)    the reasons why the acquisition is necessary and why existing facilities are inadequate for the requirements of the station, unit or other element concerned; and

    (b)    a certification that the required facilities cannot be obtained as economically by any other means.

    (3) When a proposal for disposal of land or works and buildings is submitted under paragraph (1) of this subregulation the Chief of the Defence Forces shall satisfy himself that the land, works or buildings are not required for service purposes.

22.06 - TEMPORARY USE OF LAND OR WORKS AND BUILDINGS

    A commanding officer shall not enter into a lease, licence or similar agreement for the temporary use of land or works and buildings required for military purposes except as authorized by the Chief of the Defence Forces in accordance with instructions issued by the Minister.

22.07 - ALLOTMENT OF BUILDINGS

    (1) Each military building shall be allotted to a particular permanent use by the Chief of the Defence Forces.

    (2) A military building may be allotted to a temporary use by or under the authority of the officers who may be designated by the Chief of the Defence Forces when–

    (a)    the temporary use to which the building is put–

        (i)    is one which would be provided at public expense; and

        (ii)    does not contravene the provisions of any deed, lease, or agreement affecting the building; and

    (b)    the allotment does not involve an expenditure for other accommodation in lieu of the building concerned.

22.08 - POWERS OF WRITE-OFF-WORKS AND BUILDINGS

    (1) The powers of write-off for a loss of works and buildings shall be as prescribed for write-off of materiel in Regulation 28 (MATERIEL) except that in a single occurrence the total write-off of both materiel and works and buildings shall not exceed the amount authorized for the write-off of materiel in that Regulation.

    (2) A write-off authorized under paragraph (1) of this subregulation shall not prejudice subsequent disciplinary or recovery action against an officer or man.

22.09 - USE OF WORKS AND BUILDINGS FOR OTHER THAN MILITARY PURPOSES

    (1) Subject to paragraphs (2) and (3) of this subregulation, the Chief of the Defence Forces or any other officer who may be designated by him, may authorize the use of works and buildings for other than military purposes if–

    (a)    the intended use will not, in his opinion, conflict with military interests;

    (b)    no other suitable accommodation is available locally for the proposed purpose;

    (c)    where an individual or organization may profit financially by that use, the Regional Commissioner, the District Commissioner or the Mayor approves and certifies that the use will be of benefit to the community as a whole;

    (d)    the applicant pays a charge calculated in accordance with instructions issued by the Minister, to cover use of the works and buildings, lighting, caretaking service, and any other maintenance;

    (e)    the applicant deposits with the approving authority a fire insurance policy drawn in favour of the Government of Tanzania to cover the works and buildings and the contents of the buildings, in the amount specified by the approving authority, for the full period of the applicant's use of the works and buildings;

    (f)    the applicant arranges for the attendance, during the period of his use of the works and buildings, of as many fire fighters as the approving authority considers necessary; and

    (g)    the applicant undertakes in respect of his use of the works and buildings–

        (i)    to ensure that the laws of Tanzania and any local laws are not contravened;

        (ii)    to ensure by consultation with local fire authorities that adequate fire precautions are taken;

        (iii)    to repair or pay compensation for any damage occasioned by that use; and

        (iv)    to indemnify the Government of Tanzania for all claims of any kind arising out of that use.

    (2) The Minister may waive, or authorize the Chief of the Defence Forces or an officer designated by the Chief of the Defence Forces to authorize the use of works and buildings, to waive all or any of the conditions prescribed in subparagraphs (a) to (f) of paragraph (1) of this subregulation when an application for the use of works and buildings is made by or on behalf of a non-commercial organization, or for a non-commercial purpose.

    (3) Applications for the use of works and buildings shall be forwarded to the Chief of the Defence Forces or to any other officers who may be designated by him in accordance with orders issued by the Chief of the Defence Forces.

(22.10 TO 22.25 INCLUSIVE: NOT ALLOCATED)

RULE 2 - MISCELLANEOUS

22.26 - STORAGE OF PRIVATELY-OWNED VEHICLES

    (1) When practical, areas for parking privately-owned vehicles shall be reserved at a station or unit.

    (2) No area reserved for parking privately-owned vehicles shall be constructed unless the Chief of the Defence Forces approves–

    (a)    the site; and

    (b)    the expenditure involved.

    (3) When sufficient space is available, the commanding officer may permit an officer or man to store a privately-owned vehicle–

    (a)    in a military garage provided solely for the storage of privately-owned vehicles; or

    (b)    in a military building designated by the Chief of the Defence Forces as suitable for the storage of privately-owned vehicles.

    (4) When an officer or man has received permission under paragraph (3) of this subregulation to store a vehicle in a military building he shall–

    (a)    store the vehicle at his own risk;

    (b)    vacate the storage space when required;

    (c)    observe the fire regulations for military buildings; and

    (d)    pay for the storage space at the rate which may be prescribed by the Chief of the Defence Forces.

    (5) Subject to the approval of the Chief of the Defence Forces or an officer designated by him, a commanding officer may grant permission to an officer or man or to a non-public property organization to construct or keep on military property at private or non-public expense, a building or buildings suitable for the storage of privately-owned vehicles, provided that–

    (a)    the type and location of the building or buildings are approved in accordance with orders issued by the Chief of the Defence Forces or any other officer which he may designate;

    (b)    the fire regulations for buildings of the Defence Forces are observed; and

    (c)    the building or buildings shall be removed at the expense of the owner on the instruction of the Chief of the Defence Forces or an officer designated by him.

    (6) The provisions of this subregulation are subject to the provisions of subregulation 23.02 (Prohibited Parking - Vehicles).

(22.27 TO 22.99 INCLUSIVE: NOT ALLOCATED)

REGULATION 23
FIRE PREVENTION SERVICES

(Refer carefully to the Definitions 1.02 when reading every regulation)

23.01 - GENERAL

    (1) An officer in command of a station or unit shall ensure that a high standard of fire safety and prevention is maintained at his station, unit or other element.

    (2) Orders respecting the prevention of fire issued by the Chief of the Defence Forces shall include–

    (a)    the formation and responsibilities of fire prevention committees;

    (b)    responsibilities for fire fighting;

    (c)    reporting of fires;

    (d)    practice fire drills;

    (e)    fire precautions in military buildings; and

    (f)    fire orders.

    (3) Fire orders issued by the Chief of the Defence Forces, or by a commanding officer, shall be incorporated in station or unit standing orders.

23.02 - PROHIBITED PARKING - VEHICLES

    No privately-owned vehicles and unless the exigencies of the service require otherwise, no vehicle of the Defence Forces shall be stored or parked in any building used for the storage of petrol, oil or lubricants or in any hangar.

(23.03 TO 23.99 INCLUSIVE: NOT ALLOCATED)

REGULATION 24
BANDS

(Refer carefully to the Definitions 1.02 when reading every regulation)

24.01 - GENERAL ORGANIZATION OF BANDS

    (1) This Regulation shall apply to those bands–

    (a)    authorized by establishment and composed of–

        (i)    full-time bandsmen of the Regular Force; or

        (ii)    bandsmen of the Reserves;

    (b)    authorized by the Chief of the Defence Forces and composed of men of any rank and trade.

    (2) Participation in bands authorized by the Chief of the Defence Forces under paragraph 1(b) above shall–

    (a)    be on a voluntary basis; and

    (b)    not interfere with other service duties.

24.02 - ADMINISTRATION - TRAINING AND EMPLOYMENT OF BANDS

    The employment of bands and their administration and training shall be as prescribed by the Chief of the Defence Forces.

(24.03 TO 24.05 INCLUSIVE: NOT ALLOCATED)

24.06 - BAND PROPERTY

    (1) Band property shall include all band instruments, accessories and music–

    (a)    presented to or purchased by a band, station or unit; or

    (b)    issued to a band.

    (2) Band property obtained in accordance with paragraph 1(a) of this subregulation shall be accounted for as non-public property as prescribed by the Chief of the Defence Forces.

    (3) Band property obtained in accordance with paragraph 1(b) of this subregulation shall be carried on unit charge and accounted for as public property as prescribed by the Chief of the Defence Forces.

(24.07 TO 24.99 INCLUSIVE: NOT ALLOCATED)

REGULATION 25
CHAPLAIN SERVICES

(Refer carefully to the Definitions 1.02 when reading every regulation)

25.01 - RELIGIOUS OBSERVANCE

    (1) Subject to the exigencies of the service, the commanding officer shall–

    (a)    provide the opportunity for an officer or man and his family to attend religious services and to receive any further religious ministrations that may be desired;

    (b)    render a chaplain or officiating clergyman or other religious functionary every assistance in the performance of his duties; and

    (c)    where services or other recognized religious observances are to be held on a station or unit, provide adequate accommodation and facilities for conducting the services or observances.

    (2) No officer or man shall be required to attend a religious service other than a service of the religion or group in which his denomination is included.

25.02 - RELIGIOUS MINISTRATIONS

    Where a clergyman is not otherwise available and a commanding officer considers it in the best interests of the moral and spiritual welfare of persons on the station or unit, a commanding officer may arrange for the visit of a clergyman to–

    (a)    conduct religious, baptismal, marriage and burial services;

    (b)    conduct religious ministrations for officers and men or their families who are–

        (i)    sick; or

        (ii)    in service or civil custody; or

        (iii)    desirous of it.

(25.03 TO 25.05 INCLUSIVE: NOT ALLOCATED)

25.06 - RELIGIOUS AFFILIATION

    (1) An officer or man on enrolment, in order to facilitate spiritual welfare and related problems, shall disclose his religious beliefs. He may, by a statement in writing, change his religious belief at any time, and the commanding officer shall authorize the necessary alterations in the records of the officer or man concerned.

    (2) For service purposes, religions shall be grouped as–

    (a)    Protestant, to include–

        (i)    Anglican;

        (ii)    United Church;

        (iii)    Presbyterian;

        (iv)    Lutheran;

        (v)    Baptist;

        (vi)    Christian Science;

        (vii)    Greek Orthodox;

        (viii)    Salvation Army; and

        (ix)    other Protestant denominations;

    (b)    Roman Catholic, to include–

        (i)    Roman Catholic;

        (ii)    Greek Catholic;

    (c)    Muslim;

    (d)    Hindu; or

    (e)    other persuasions.

    (3) On request of a visiting clergyman or other religious functionary, a commanding officer shall, unless the exigencies of the service require otherwise, assist him in learning what officers and men at the station or unit are of the religion served by him.

(25.07 TO 25.99 INCLUSIVE: NOT ALLOCATED)

REGULATION 26
MEDICAL SERVICES

(Refer carefully to the Definitions 1.02 when reading every regulation in this chapter)

RULE 1 - GENERAL

26.01 - DEFINITIONS

    For the purposes of this Regulation–

    (a)    "civilian" means a person who is not a member of the Defence Forces, a civil servant, a school teacher or a dependant of any of them;

    (b)    "civil servant" means an employee of the Government of Tanzania;

    (c)    "child" means–

            (1) the child of a member of the Defence Forces, a civil servant, or a school teacher, who is normally resident with him and who is under 18 years of age;

            (2) the child of a member of the Defence Forces, a civil servant, or a school teacher, who is over 18 years of age but–

            (i)    is dependent upon that member, civil servant, or school teacher by reasons of a mental or physical infirmity; or

            (ii)    is living with him and is dependent upon him by reason of attendance at school or university; or

            (3) a person under 18 years of age living with a member of the Defence Forces, a civil servant, or a school teacher and dependent upon him either wholly or substantially for support and in respect of whom the member, civil servant, or school teacher has assumed full financial responsibility;

    (d)    "dependant" means in relation to a member of the Defence Forces, civil servant, or school teacher–

            (1) his wife; or

            (2) his children;

    (e)    "in-patient care" means that portion of medical care that is provided to a patient who is admitted to a hospital;

    (f)    "isolated unit" means a unit so designated by the Defence Forces Committee;

    (g)    "local area" with respect to a particular unit means that area having a radius prescribed by the Chief of the Defence Forces;

    (h)    "medical care" means medical and surgical treatment including necessary drugs and dressings, diagnostic and investigational procedures, hospitalization, preventive medicine procedures, transportation as a patient, and the supply and maintenance of prosthetic appliances and includes "professional care", "in-patient care" and "out-patient care";

    (i)    "out-patient care" means that portion of medical care that is provided to a patient who is not admitted to hospital;

    (j)    "professional care" is that portion of medical care provided to an individual by a licensed medical practitioner, including a service medical officer;

    (k)    "school teacher" means a member of the supervisory, administrative or teaching staff of a Department of National Defence School;

    (l)    "semi-isolated unit" means a unit so designated by the Defence Forces Committee.

26.02 - RESPONSIBILITIES OF MEDICAL OFFICERS

    The senior medical officer at all levels of command shall be the responsible adviser to the senior officer exercising the function of command or executive authority on all matters pertaining to the health and physical efficiency of all personnel under his jurisdiction.

(26.03 TO 26.06 INCLUSIVE: NOT ALLOCATED)

RULE 2 - MEDICAL CARE - MEMBERS OF THE DEFENCE FORCES

26.07 - ENTITLEMENT TO MEDICAL CARE

    (1) Subject to paragraph (4) of this subregulation, an officer or man of the Regular Force who suffers any injury, disease or illness shall be entitled to medical care at public expense.

    (2) Subject to paragraph (4) of this article, an officer or man of the Reserves who suffers any injury, disease or illness attributable to the performance of his duty, shall be entitled to medical care at public expense as if he were an officer or man of the same rank in the Regular Force–

    (a)    for the remaining period of his duty; and

    (b)    after termination of the period of his duty, to any further medical care which the attending medical officer may consider necessary.

    (3) Subject to paragraph (4) of this subregulation, an officer or man of the Reserves who suffers any injury, disease, or illness not attributable to the performance of his duty and not as a result of his misconduct or imprudence, shall be entitled–

    (a)    if the injury, disease or illness occurs while he is on active service, on continuing full time service, special duty or called out in aid of the civil power or to render assistance to the civil authorities, to medical care in accordance with paragraph (2) of this subregulation;

    (b)    if the injury, disease or illness occurs while he is on camp training to medical care in accordance with paragraph (5) of this subregulation;

    (c)    if the injury, disease or illness occurs while he is on local training, to immediate emergency treatment only; and

    (d)    if the injury, disease or illness occurs while he is on any duty not mentioned in subparagraph (a), (b) or (c) of this paragraph, and unless the Minister directs otherwise, to medical care in accordance with paragraph (5) of this subregulation.

    (4) An officer or man–

    (a)    shall not be entitled to medical care in accordance with these Regulations–

        (i)    when he is on leave without pay and the injury, disease or illness was received or contracted subsequent to the effective date on which his leave commenced; or

        (ii)    beyond the twenty-first day of a period of absence without authority; or

        (iii)    beyond the date of his release; and

    (b)    may be denied medical care in accordance with these Regulations when he has failed to comply with the regulations governing medical care while on leave.

    (5) An officer or man who is entitled to medical care under paragraph (3)(b) of this subregulation shall receive–

    (a)    medical care at public expenses as if he were an officer or man of the same rank in the Regular Force until the date upon which the period of duty terminates or until the date upon which he is returned to his home, whichever is the earlier; and

    (b)    after the termination of the period of his duty to any further medical care authorized by the Minister.

    (6) Medical care authorized in this subregulation may be given–

    (a)    in a military medical facility, or a medical facility operated by the Government of Tanzania, or, when warranted, a private medical facility; and

    (b)    by a service medical officer, a medical officer in the employ of the Government of Tanzania or, when warranted, by a private medical practitioner.

    (7) With respect to medical care authorized by this subregulation the Minister may prescribe–

    (i)    the grade or scale of in-patient care to be provided in any facility other than a military medical facility having regard to the rank of the officer or man concerned; and

    (ii)    the charges and the conditions under which the charges shall be levied against officers and men for the replacement of spectacles and other appliances provided at public expense and lost or damaged by the officers and men.

(26.08 AND 26.09 - NOT ALLOCATED)

26.10 - MEDICAL CARE IN FOREIGN COUNTRIES

    The procedure for obtaining medical care while on leave or serving in foreign countries shall be as prescribed in orders issued by the Chief of the Defence Forces.

26.11 - MEDICAL CARE WHILE ON LEAVE IN TANZANIA

    (1) An officer or man while on leave in Tanzania who is entitled to medical care shall report to the nearest station or unit of the Defence Forces when he–

    (a)    requires medical care; or

    (b)    has been in contact with an infectious disease.

    (2) When a station or unit of the Defence Forces is not readily accessible, an officer or man shall–

    (a)    report in the order shown, to–

        (i)    a medical facility of the Government of Tanzania; or

        (ii)    a private medical practitioner or medical facility; and

    (b)    personally ensure that the commanding officer of the nearest station or unit of the Defence Forces is informed.

    (3) The commanding officer of a station or unit to which an office or man has reported under paragraph (1) of this subregulation or who has received information under paragraph (2)(b) of this subregulation shall–

    (a)    immediately inform the commanding officer of the patient's home station or unit; and

    (b)    after medical care is completed or suspended, obtain and forward a descriptive case history to the patient's commanding officer.

    (4) Accounts rendered by civilian medical practitioners or hospitals for medical care obtained in accordance with paragraph (2) of this subregulation shall be forwarded in quadruplicate to the patient's station or unit for transmission to Defence Forces Headquarters for payment.

(26.12 - NOT ALLOCATED)

26.13 - CONTROL OF MEDICAL CARE

    (1) An officer or man shall produce his identification card, and, if applicable, his leave form when applying for medical care under subregulation 26.10 or subregulation 26.11.

    (2) An officer or man who has received medical care while absent from his station or unit shall report to the medical officer immediately on return.

(26.14 - NOT ALLOCATED)

26.15 - MEDICAL BOARDS

    (1) A medical board shall be assembled to examine the medical conditions of an officer or man–

    (a)    of the Regular Force or any officer or man on Active Service–

        (i)    before he is released or transferred to another component;

        (ii)    before his medical category is permanently altered;

        (iii)    before he proceeds on leave without pay and after his return from that leave;

        (iv)    when the total of sick leave recommended exceeds 30 days;

        (v)    on his repatriation to Tanzania for medical reasons; or

        (vi)    at any other time prescribed by the Chief of the Defence Forces; and

    (b)    of the Reserves when prescribed by the Chief of the Defence Forces.

    (2) A medical board shall consist of–

    (a)    two medical officers when available; or

    (b)    when two medical officers are not available, one medical officer.

    (3) When considered desirable, a civilian medical practitioner employed under subregulation 26.18 (Employment of Additional Medical Practitioners and Registered Nurses) may be appointed to a medical board in addition to a medical officer mentioned in paragraph (2) of this subregulation.

26.16 - MEDICAL EXAMINATION

    An officer or man shall be required to undergo medical examinations and chest X-rays on the occasions prescribed by the Chief of the Defence Forces.

26.17 - MEDICAL EXAMINATION BEFORE COMMITTAL

    (1) A prisoner shall, prior to his committal to undergo a sentence of imprisonment or detention, be medically examined by a medical officer who shall certify on the committal order (see subregulation 114.42 Authority for Committal and Custody Pending Committal) that he is–

    (a)    fit; or

    (b)    fit subject to limitations; or

    (c)    unfit,

to undergo his punishment.

    (2) A certificate made in accordance with paragraph (1) of this subregulation shall be in the following form–

26.18 - EMPLOYMENT OF ADDITIONAL MEDICAL PRACTITIONERS AND REGISTERED NURSES

    (1) When the exigencies of the service so require and medical services are not available from the Regular Force or another department or agency of the Government of Tanzania, the Chief of the Defence Forces, or any other officer whom he may designate for the purpose, may so certify and authorize the employment of–

    (a)    a private civilian medical practitioner; and

    (b)    a registered nurse.

    (2) Persons employed under paragraph (1) of this subregulation shall be reimbursed for their services and expenses in accordance with fees authorized from time to time.

(26.19 AND 26.20 - NOT ALLOCATED)

RULE 3 - MEDICAL CARE OF DEPENDANTS OF MEMBERS OF THE FORCES

26.21 - AVAILABILITY OF FACILITIES

    When considering the provision of medical care under this Rule, the medical officer concerned shall exercise his discretion to ensure that that care does not interfere with the proper medical care of service personnel under his charge.

(26.22 - NOT ALLOCATED)

26.23 - PROVISION OF MEDICAL CARE GENERALLY - DEPENDANTS

    (1) Subject to subregulation 26.21, a dependant of a member of the regular Force shall, except as provided in this subregulation, be entitled to medical care to the same extent as that provided to the member concerned.

    (2) This subregulation shall also apply to the dependants of a member of the Reserves to whom paragraph (2) of subregulation 26.07 is applicable when those dependants are living with the member concerned.

    (3) Medical care provided under this subregulation shall not include–

    (a)    except as provided in subregulations 26.24 and 26.25, the provision of any spectacles or prosthetic appliances; and

    (b)    transportation, except as provided in subregulation 26.24 and 26.25 and except service transportation within the local area and ambulance services which may be authorized by a commanding officer, and, in an emergency, any transportation which may be authorized by the Chief of the Defence Forces.

26.24 - PROVISION OF MEDICAL CARE - SEMI-ISOLATED UNITS

    (1) A dependant who accompanies a member serving at a semi-isolated unit may be provided with transportation in service transport to the nearest place at which suitable transportation can be obtained by the dependant.

    (2) Where at a semi-isolated unit spectacles or other prosthetic appliances are not readily obtained, and, in the opinion of the attending medical officer the spectacles or prosthetic appliance are urgently required, the dependant may be provided with the spectacles or prosthetic appliance upon suitable arrangements being made for the payment of it by the member concerned.

26.25 - PROVISIONS OF MEDICAL CARE - ISOLATED UNITS

    (1) A dependant who accompanies a member serving at an isolated unit may be provided with transportation at public expense to the nearest place at which the required appropriate medical care can be provided.

    (2) Where at an isolated unit spectacles or other prosthetic appliances are not readily obtained, and, in the opinion of the attending medical officer the spectacles or prosthetic appliance are urgently required, the dependant may be provided with the spectacles or prosthetic appliance upon suitable arrangements being made for the payment of it by the member concerned.

26.26 - MEDICAL CARE - OVERSEAS AREAS

    Whenever a dependant accompanies a member who is serving outside Tanzania, the procedure for obtaining medical care at public expense will be as prescribed in orders issued by the Chief of the Defence Forces.

(26.27 TO 26.29 INCLUSIVE: NOT ALLOCATED)

RULE 4 - MEDICAL CARE OF CIVILIANS, SCHOOL TEACHERS, AND THEIR DEPENDANTS

26.30 - PROVISION OF MEDICAL CARE TO CIVILIANS

    (1) When considering the provisions of medical care under this Rule, the medical officer concerned shall exercise his discretion to ensure that the care does not interfere with the proper medical care of service personnel under his charge.

    (2) Subject to paragraph (1) of this subregulation, medical care may be extended to civilians by the medical services of the Defence Forces–

    (a)    in an emergency at the discretion of the senior medical officer present, examination and treatment to alleviate pain and suffering and to preserve life to the extent required to evacuate the patient to a civilian medical facility; or

    (b)    where no civilian medical facilities exist; or

    (c)    at the request of an appropriate Civilian Medical Authority where it is necessary to supplement Civilian Medical Services exist; or

    (d)    preventive medicine including inoculations and vaccinations to persons living on a station or unit or in any contact with persons living or employed on a station or unit as to constitute, in the opinion of the medical officer at the station or unit, a health hazard; or

    (e)    under any other circumstances which may be prescribed by the Minister.

    (3) When the senior medical officer at a station or unit considers it advisable, in the interests of the patient, to remove him to another medical facility, the commanding officer may authorize the use of service transportation to carry the patient to and from the nearest appropriate medical facility except that where the nearest appropriate medical facility is outside the local area transportation will only be authorized by the Chief of the Defence Forces.

26.31 - PROVISION OF MEDICAL CARE TO CIVIL SERVANTS

    Medical care may be provided to Civil Servants by the medical services of the Defence Forces to the same extent and under the same conditions as is authorized for civilians pursuant to subregulation 26.30.

26.32 - PROVISIONS OF MEDICAL CARE TO SCHOOL TEACHERS

    Medical care at public expense may be provided to school teachers and their dependants to the extent authorized by the Minister.

26.33 - CHARGES FOR MEDICAL CARE

    The Minister may prescribe charges and the circumstances under which and the manner in which the charges shall be levied in respect of medical care provided pursuant to this Rule.

(26.34 TO 26.99 INCLUSIVE: NOT ALLOCATED)

REGULATION 27
DENTAL SERVICES

(Refer carefully to the Definitions 1.02 when reading every regulation)

RULE 1 - GENERAL

27.01 - DEFINITIONS

    For the purpose of this Regulation–

    (a)    "comprehensive dental treatment" means that service required to establish and maintain masticatory efficiency and freedom from pain;

    (b)    "dependant" shall have the meaning prescribed in subregulation 26.01 (Definitions);

    (c)    "isolated unit" means a unit so designated by the Minister;

    (d)    "restricted dental treatment" means that service required in an emergency for–

        (i)    the relief of pain and acute infection; or

        (ii)    simple repair of broken dentures, but not including replacement or additions of component parts; and

    (e)    "service" in paragraphs (a) and (d) means treatment which, in the opinion of the dental officer, is necessary and available in the circumstances.

27.02 - RESPONSIBILITIES OF DENTAL OFFICERS

    The senior dental officer at all levels of command shall be the responsible adviser to the senior officer exercising the function of command or executive authority on all matters pertaining to the dental health of all personnel under his jurisdiction.

RULE 2 - DENTAL CARE OF MEMBERS OF THE FORCES

27.03 - DENTAL EXAMINATION

    An officer or upon shall be required to undergo dental examinations on the occasions prescribed by the Chief the Defence Forces.

27.04 - ENTITLEMENT TO DENTAL TREATMENT

    (1) An officer or man of the Regular Force shall be entitled to comprehensive dental treatment at public expense except–

    (a)    when he is on leave without pay; or

    (b)    beyond the twenty-first day of a period of absence without authority; or

    (c)    beyond the date of his release.

    (2) An officer or man of the Reserves who is on active service or employed on continuing full-time service or on special duty for a period in excess of six months, shall during that period, be eligible for comprehensive dental treatment.

    (3) An officer or man of the reserves–

    (a)    shall be entitled to restricted dental treatment–

        (i)    when employed on special duty for a period not in excess of six months; and

        (ii)    during any period of camp training; or

    (b)    who suffers any injury to the teeth attributable to the performance of duty shall be entitled to the treatment which may be necessary to restore a state of dental fitness comparable to that which existed prior to the injury, if the injury is not attributable to his own misconduct or imprudence.

    (4) An officer or man of the Reserves who, in the opinion of the Chief of the Defence Forces or any other officer whom he may designate for the purpose, unreasonably refuses to accept the dental treatment prescribed for his injury or disease shall not from the date of refusal be entitled under these regulations to any further treatment for that injury or disease.

    (5) A person not otherwise entitled to dental treatment under these Regulations who is subject to the Code of Service Discipline and who is in service custody shall be given restricted dental treatment.

27.05 - DENTAL TREATMENT WHILE ON LEAVE IN TANZANIA

    (1) An officer or man who is entitled to dental treatment shall, when he is on leave in Tanzania, report to the nearest unit of the Defence Forces when he requires dental treatment.

    (2) Where a unit of the Defence Forces is not reasonably available the officer or man may report to the nearest dental facility of the Government of Tanzania.

    (3) Where no dental facility of the Government of Tanzania is reasonably available the officer or man may report to a private civilian practitioner for restricted treatment.

    (4) Accounts rendered by civilian practitioners for dental treatment obtained under paragraph (3) of this subregulation shall be forwarded in triplicate to Defence Forces Headquarters for payment.

27.06 - DENTAL TREATMENT IN FOREIGN COUNTRIES

    The procedure for obtaining dental care in foreign countries shall be as prescribed in orders issued by the Chief of the Defence Forces.

(27.07 TO 27.09 INCLUSIVE: NOT ALLOCATED)

RULE 3 - DENTAL CARE OF DEPENDANTS

27.10 - AVAILABILITY OF FACILITIES

    When considering the provisions of dental care under this Rule, and that care is to be provided in a dental facility of the Defence Forces, the dental officer concerned shall exercise his discretion to ensure the the care does not interfere with the proper dental care of service personnel under his charge.

27.11 - DENTAL TREATMENT OF DEPENDANTS

    (1) The dependants of an officer or man of–

    (i)    the Regular Force; and

    (ii)    the Reserves,

to whom paragraph (2) of subregulation 27.04 (Entitlement to Dental Treatment) is applicable, when those dependants are living with him, may be provided with restricted dental treatment.

    (2) Where the dependants of an officer or man referred to in paragraph (1) of this subregulation accompany an officer or man serving at an isolated unit, the dependants may be provided, when necessary to alleviate pain, with transportation at public expense to the nearest appropriate dental facility.

RULE 4 - DENTAL CARE - SCHOOL TEACHERS AND CIVIL SERVANTS

27.12 - DENTAL TREATMENT OF SCHOOL TEACHERS AND CIVIL SERVANTS

    School teachers, civil servants, and their dependants, within the meaning of Regulation 26, may be provided with dental treatment to the extent and under the conditions which may be prescribed by the Minister.

(27.13 TO 27.99 INCLUSIVE: NOT ALLOCATED)

REGULATION 28
MATERIEL

(Refer carefully to the Definitions 1.02 when reading every regulation)

RULE 1 - GENERAL

28.01 - MATERIEL

    Subject to the direction of the Defence Forces Committee, the materiel supplied to or used by the Defence Forces shall be-

    (a)    of the type, pattern and design; and

    (b)    issued on the scales and in the manner,

prescribed by the Chief of the Defence Forces.

28.02 - DISPOSAL AND PURCHASE OF MATERIEL

    No officer or man shall–

    (a)    barter, sell or otherwise dispose of materiel; or

    (b)    be allowed to purchase materiel,

except as prescribed in these Regulations or in any orders issued by the Chief of the Defence Forces.

28.03 - ACCOUNTING FOR MATERIEL

    Subject to direction by the Minister, all materiel shall be accounted for in the manner prescribed by the Chief of the Defence Forces.

28.04 - USE OF MATERIEL FOR PRIVATE PURPOSES

    Except with the permission of the Defence Forces Committee, no materiel may be issued to or used by an officer or man for private or other purposes unrelated to the performance of military duty, recreational activities, or his status as a member of the Defence Forces.

28.05 - AUTHORITY REQUIRED TO BIND THE GOVERNMENT BY CONTRACT

    No officer or man shall execute or otherwise enter into any contract or agreement, written or oral, which binds or purports to bind the Government of Tanzania, the Department of National Defence, or the Defence Forces or any element of them or which has the effect of committing or purporting to commit funds from the appropriations for the Department of National Defence or create an obligation, express or implied on it unless he is authorized to do so by–

    (a)    an Act of the National Assembly; or

    (b)    a Government Notice or Treasury Instruction; or

    (c)    the express authority of the Minister, given either directly or through the Permanent Secretary, to act on his behalf; or

    (d)    these Regulations or orders issued by the Chief of the Defence Forces.

(28.06 TO 28.09 INCLUSIVE: NOT ALLOCATED)

RULE 2 - LOSS OF OR DAMAGE TO MATERIEL

28.10 - REPORTING A LOSS OF OR DAMAGE TO MATERIEL

    Any person who discovers, the loss of or damage to materiel shall immediately report the circumstances to the commanding officer.

28.11 - ACTION BY THE COMMANDING OFFICER TO WHOM LOSS OF OR DAMAGE TO MATERIEL IS REPORTED

    (1) The commanding officer to whom loss of or damage to materiel is reported shall–

    (a)    take action as prescribed in subregulation 13.71 (Loss of or Damage to Public Property) or 13.73 (Investigation into Loss or Damage due to a Criminal Offence);

    (b)    when weapons, ammunition or explosives are lost, report the circumstances immediately to the Chief of the Defence Forces and the Police or other appropriate civil authorities; and

    (c)    when loss or theft is discovered of a drug to which the Drugs and Prevention of Illicit, Traffic in Drugs Act * applies, report the loss or theft immediately to the nearest Public Health or other appropriate civil authorities and within ten days report the circumstances to the Chief of the Defence Forces and the Chief Medical Officer.

    (2) The authorities to whom a report of the loss of materiel has been made under paragraph (1) of this subregulation shall be notified of any subsequent recovery of the lost materiel.

28.12 - DETERIORATION OF MATERIEL

    (1) When abnormal deterioration of materiel is discovered or suspected the commanding officer shall immediately arrange for the inspection of the deteriorated materiel by a qualified officer.

    (2) When the abnormal deterioration is confirmed by inspection, the commanding officer shall–

    (a)    take action as prescribed in subregulation 13.71 (Loss of or Damage to Public Property); and

    (b)    report immediately to the Chief of the Defence Forces if ammunition or explosives are affected.

28.13 - DEFICIENCIES DISCOVERED DURING INVENTORY CHECKS OR AT STOCKTAKING

    Deficiencies of materiel discovered during inventory checks or at stocktaking shall be adjusted in the appropriate materiel records in the manner prescribed by the Chief of the Defence Forces.

28.14 - REFUND ON RECOVERY OF LOST OR DAMAGED MATERIEL

    When part or all of the value of materiel lost or damaged has been recovered (see Regulation 29) from an officer or man and the materiel is subsequently–

    (a)    located; or

    (b)    completely repaired at the further expense of the officer or man concerned,

the Chief of the Defence Forces may authorize a refund of the amount previously recovered.

(28.15 TO 28.19 INCLUSIVE: NOT ALLOCATED)

RULE 3 - WRITE-OFFS OF MATERIEL AND PUBLIC FUNDS

28.20 - POWERS OF WRITE-OFF

    (1) For the purpose of this Rule:

    (a)    "loss" means loss due to fraud, theft, arson, negligence, accident, a cause that cannot be determined, or any other cause; and

    (b)    "write-off" means–

        (i)    the deletion from unit inventory of materiel which has been lost, and the deletion from unit inventory and disposal of materiel which has become unserviceable; and

        (ii)    the deduction from an imprest account of public funds which have been lost.

    (2) Subject to any limitations which may be prescribed by the Chief of the Defence Forces, the power to authorize write-off shall be as prescribed in the table to this subregulation.

    (3) The authority who may authorize write-off shall be determined by using the initial value of lost or unserviceable materiel or the full amount of lost public funds, regardless of any financial recovery which may subsequently be made from any person.

    (4) When–

    (a)    the loss of a number of items of materiel arises out of a single instance or occurrence, the aggregate value shall determine the appropriate authority to authorize the write-off of all items lost; and

    (b)    the unserviceability of a number of items of materiel arises out of a single instance or occurrence, the individual value shall determine the appropriate authority to authorize the write-off of each item.

    (5) Action taken to obtain authorization of a write-off shall not preclude the immediate adjustment of the appropriate materiel or public funds records.

    (6) No write-off shall be approved without prior investigation of the matter by summary investigation or a board of inquiry which shall include any information and make findings which are prescribed in orders issued by the Chief of the Defence Forces (see subregulation 13.71 - Loss of or Damage to Public Property).

TABLE TO ARTICLE 28.20

28.21 - REPORTS OF WRITE-OFFS

    A quarterly report of write-offs authorized under subregulation 28.20 shall be forwarded to Defence Forces Headquarters.

28.22 - PREJUDICE OF DISCIPLINARY ACTION

    A write-off of materiel or public funds authorized under subregulation 28.20 shall not prejudice any subsequent disciplinary or recovery action against an officer or man.

(28.23 TO 28.28 INCLUSIVE: NOT ALLOCATED)

RULE 4 - EXPLOSIVES

28.29 - ISSUE AND POSSESSION OF AMMUNITION AND EXPLOSIVES

    (1) No ammunition or explosives which are public property shall be–

    (a)    issued to; or

    (b)    in the possession of,

an officer or man without the authority of his commanding officer or as may be otherwise prescribed in orders issued by the Chief of the Defence Forces.

    (2) The officer or man in charge of a guard, picket, escort or other persons in the performance of a specific duty who require and are authorized to be issued ammunition or explosives shall–

    (a)    be responsible for the issue, use, and care of any ammunition or explosives drawn; and

    (b)    on completion of the duty for which the ammunition or explosive is required–

        (i)    verify any unexpended balance; and

        (ii)    ensure that the unexpended balance is returned to the appropriate store.

(28.30 TO 28.34 INCLUSIVE: NOT ALLOCATED)

RULE 5 - RATIONS

28.35 - ENTITLEMENT TO RATIONS

    (1) Except as prescribed in paragraph (2) of this subregulation, the commanding officer of a station, unit, or other element shall be entitled to draw a daily ration to the approved scale for–

    (a)    each officer and man on strength of the station, unit or other element who is not receiving a ration allowance;

    (b)    each member of the Defence Forces on temporary duty or attached duty at the station, unit or other element and taken on ration strength for the period of that duty;

    (c)    each patient in a hospital of the station, unit or other element for whom a daily ration is not otherwise drawn;

    (d)    each person belonging to a cadet organization authorized pursuant to section 28 of the National Defence Act *, when attending a summer camp at the station, unit or other element or on other occasions prescribed by the Minister;

    (e)    each civilian employee of the Department on the strength of a station, unit, or other element whose terms of engagement provide entitlement to prepared rations without financial recovery;

    (f)    each person authorized to be provided with rations on financial recovery;

    (g)    each person held in close custody in the unit detention room for whom a daily ration is not otherwise drawn;

    (h)    each other person prescribed by the Minister.

    (2) No daily ration shall be drawn under paragraph (1) of this subregulation for any person who is absent from the station, unit or other element for a period of more than forty-eight hours for any reason except detached duty when continuing to draw unit rations.

    (3) In flight rations for air crew and authorized passengers on aircraft of the Defence Forces may be drawn and issued on the scale and under the conditions prescribed by the Chief of the Defence Forces.

    (4) Between-flight rations for aircrew may be drawn and issued on the scale and under the conditions prescribed by the Chief of the Defence Forces.

(28.36 TO 28.99 INCLUSIVE: NOT ALLOCATED)

REGULATION 29
LIABILITY FOR PUBLIC AND NON-PUBLIC PROPERTY

(Refer carefully to the Definitions 1.02 when reading every regulation)

29.01 - LIABILITY FOR PUBLIC AND NON-PUBLIC PROPERTY

    (1) An officer or man who–

    (a)    wilfully or negligently makes an improper purchase at public expense; or

    (b)    wilfully or negligently causes, permits, or contributes to damage to or the loss, deficiency, theft, destruction, deterioration, or improper expenditure of public property or any property under the control of the Minister; or

    (c)    has a deficiency in any personal equipment that is in his care or custody, unless he can show that that deficiency was not caused by his wilfulness or his negligence; or

    (d)    is the occupant of a married quarter in connection with which damage to or loss of public property or any other property under the control of the Minister occurs during his occupancy, other than loss or damage occasioned by reasonable wear and tear, accidental fire, lightning, tempest, acts of God, enemies of the Republic, riots or insurrections; or

    (e)    is a member of a group occupying or using a cubicle, room, hut, tent or building as single sleeping quarters or dining or recreational accommodation, in which damage occurs or damage to or loss of barrack stores or any similar property under the control of the Minister occurs, unless he can show that that damage or loss was not caused or contributed to by his wilfulness or his negligence,

shall be liable to reimburse the Government of Tanzania for the financial loss incurred, and all recoveries made shall be credited to revenue.

    (2) Every officer or man who wilfully or negligently causes, permits or contributes to damage to or the loss, deficiency, theft, destruction, deterioration or improper expenditure of any non-public property shall be liable to reimburse the non-public property organization concerned for the financial loss incurred. (For liability for mess accounts see subregulation 20.26: Administrative Deductions - Overdue Non-Public Accounts.)

    (3) Liability in respect of any loss or damage, caused by a member of the Reserves while on duty or at camp training, who is not in receipt of any pay and allowances, shall be limited to the loss or damage, which is caused wilfully, or recklessly (within the meaning of subparagraph (b) of paragraph (7) of subregulation 29.03). Where it is considered by the Chief of the Defence Forces that recovery should be made, the amount to be recovered shall be determined by the Chief of the Defence Forces, and the matter referred to the appropriate authorities of the Government of Tanzania for recovery action. (F)

(29.02 - NOT ALLOCATED)

29.03 - ADMINISTRATIVE DEDUCTIONS

    (1) Any circumstances which may give rise to liability of an officer or man to reimburse the Government of Tanzania or a non-public organization under subregulation 29.01, shall be investigated (see Regulation 13 - Boards of Inquiry and Summary Investigations). A statement from the officer or man concerned should be obtained if practical.

    (2) Subject to the other provisions of this subregulation, when he is of the opinion that liability under subregulation 29.01 exists and that reimbursement is warranted under the circumstances, an administrative deduction from the pay and allowances of the officer or man concerned in an amount sufficient to make reimbursement in full or in part may be ordered:

    (a)    when the amount of damage or loss, does not exceed 200 shillings, by a commanding officer;

    (b)    when the amount of damage or loss, does not exceed 2,000 shillings, by officers holding appointments or commanding formations which may be designated by the Chief of the Defence Forces and delegated by the Minister for Finance;

    (c)    when the amount of damage or loss, exceeds 5,000 shillings, by the Chief of the Defence Force; and

    (d)    when the amount of damage or loss, exceeds 5,000 shillings, by the Treasury on the recommendation of the Chief of the Defence Forces.

    (3) Where an officer or man against whom an administrative deduction has been ordered under paragraph (2) of this subregulation considers that it is unwarranted or excessive, he may complain in accordance with the provisions of Rule 2 of Regulation 12.

    (4) In determining the amount of an administrative deduction ordered under paragraph (2) of this subregulation, regard shall be had to the circumstances surrounding the loss or damage, the pay and allowances and general financial condition of the officer or man concerned, and any hardship which may result to any person.

    (5) Subject to paragraph (7) of this subregulation, where liability arises under paragraph (1)(a) or (1)(b) or (2) of subregulation 29.01 only by reason of negligence, an administrative deduction ordered under paragraph (2) of this subregulation shall not exceed–

    (i)    where the amount involved is one hundred shillings or less, the full amount; or

    (ii)    where the amount involved is more than one hundred shillings and not more than four hundred shillings, one-half the amount or one hundred shillings, whichever is the greater; or

    (iii)    where the amount involved is more than four hundred shillings but not more than twelve hundred shillings, one-third of the amount or four hundred shillings, whichever is the greater; or

    (iv)    where the amount involved is more than twelve hundred shillings and not more than two hundred shillings, one-quarter of the amount or four hundred shillings, whichever is the greater; or

    (v)    where the amount involved is more than two thousand shillings, one-fifth of the amount or five hundred shillings, whichever is the greater, subject to the limitation that where liability arises out of negligence in operating a motor vehicle, the deduction shall not exceed two thousand shillings.

    (6) Where, in respect of an occurrence described in paragraph (1)(e) of subregulation 29.01, administrative deductions are to be ordered under (2) of this subregulation, the total amount of the deductions shall not exceed the maximum in the scale set forth in subparagraphs (i) to (v) of paragraph (5) of this subregulation and each deduction shall be imposed on a per capita basis in respect of every officer or man involved. A subsequent increase, reduction or cancellation of the deduction in respect of any individual, shall not, of itself, affect the deduction ordered against any other individual concerned. Subregulation 29.01 (1)(e) shall not be applied when the liability of an officer or man is established under another subparagraph of paragraph (1) of subregulation 29.01.

    (7)(a) Paragraph (5) shall not apply where the loss or damage, has been caused by negligence amounting to recklessness, or which occurred during the intentional commission of a wrongful act, or as a consequence of an intentional omission to perform a legal duty.

    (b) For the purpose of subparagraph (a) of this paragraph, "recklessness" means conduct which under the circumstances showed a disregard of the natural and probable consequences of the act or omission causing the loss or damage which to amounts to wilfulness.

    (8) When an authority mentioned in paragraph (2)(a), (2)(b), or (2)(c) of this subregulation is precluded from ordering an administrative deduction, he shall report the matter to the next higher authority mentioned there and shall forward with his report–

    (i)    all available evidence relating to the occurrence, including the proceedings of any board of inquiry or other investigation; and

    (ii)    any statement made by the officer or man concerned.

    (9) Subject to paragraph (5) of this subregulation an authority mentioned in (2)(b), (2)(c) or (2)(d) of this article may, when he is of the opinion that liability under subregulation 29.01 exists and that reimbursement is warranted under the circumstances:

    (a)    order an administrative deduction from the pay and allowances of an officer or man of the Regular Force who has been struck of effective strength as an illegal absentee; or

    (b)    direct that the pay account of a person who has been released but who has not died be debited in an amount sufficient to make reimbursement in whole or in part in respect of the financial loss resulting from an occurrence that took place prior to his release.

    (10) Subject to paragraph (5) of this subregulation, an administrative deduction ordered under paragraph (2)(a), (2)(b), or (2)(c) of this subregulation may be increased, reduced or cancelled by the Chief of the Defence Forces.

    (11) The rate of recovery of an administrative deduction shall be determined by the commanding officer.

    (12) Subject to paragraph (10) of this subregulation, the recovery of an administrative deduction ordered under this subregulation shall constitute satisfaction of the liability for the financial loss incurred.

    (13) The provisions of this subregulation shall not apply to or in respect of:

    (a)    the reimbursement of the Government of Tanzania for moneys paid to a claimant arising out of a claim alleged to result from the negligence of an officer or man acting within the scope of his duties or employment; or

    (b)    damage to a ship or a vessel as a result of a collision or grounding, or to an aircraft as a result of an aircraft accident as defined in subregulation 13.55.

(29.04 TO 29.99 INCLUSIVE: NOT ALLOCATED)

APPENDIX I: THE DEFENCE FORCES (SERVICE PENSIONS AND GRATUITIES) REGULATIONS

(Section 66)

Acts Nos.
29 of 1980
15 of 1981
4 of 1989
7 of 1991
10 of 1993

G.Ns. Nos.
52 of 1968
117 of 1973
51 of 1978
17 of 1988
274 of 1992

1.    Title

    These Regulations may be cited as the Defence Forces (Service Pensions and Gratuities) Regulations.

2.    Application

    These Regulations shall apply to officers and men of the Tanzania Peoples' Defence Forces including officers and men released from the Defence Forces subsequent to the coming into operation of these Regulations except those officers to whom the Defence Forces (Short-Service Commissioned Officers) (Service Pensions and Gratuities) Regulations, 1966, are applicable.

3.    Interpretation

    In these regulations–

    "dependant" in relation to a deceased officer or man means–

    (a)    where the deceased officer or man was a male, his widow or where immediately preceding his death, he was married to two or more wives, all his widows;

    (b)    where the deceased officer or man was a female, the husband of the deceased officer or man who satisfies the Service Pension Board that he was wholly or substantially dependent upon the deceased officer's or man's income for his livelihood;

    (c)    every child of the deceased officer or man under the apparent age of eighteen years who was wholly or substantially dependent upon the deceased officer's or man's income for his livelihood but does not include any married daughter living with her husband immediately preceding the death of the deceased officer or man; and

    (d)    the immediate parents of the deceased officer or man who satisfy the Service Pension Board that they were wholly or substantially dependent upon the deceased officer's or man's income for their livelihood;

    "man" means a person other than an officer who is enrolled in the Defence Forces and incudes a man who has been released from the Forces;

    "month" means a calendar month and broken periods at the beginning and end of service shall be totalled and each completed 30 days shall be deemed to be one completed month;

    "officer" means a person serving in the Defence Forces who was granted a commission or who is serving there as a subordinate officer within the meaning of the National Defence Act * including an officer who has been released from the Defence Forces;

    "pensionable emoluments" means the basic rate of pay together with any additional pay and allowances which may be specified from time to time in a schedule to these Regulations except that where there has been a change in the annual basic rate of pay, otherwise than by the grant of any scale increment or due to a general increase in pay, within the three years immediately preceding the date of retirement, it shall mean the average annual rate of pay together with any allowances which may be so specified in a schedule to these Regulations during the three years;

    "public service" means service in a civil capacity within the meaning of the Public Service Pensions Act *;

    "reckonable service" means, in addition to any other service which by these regulations can be taken into account for purposes of computing any entitlement under these regulations, all full-time paid service in the Defence Forces and all prior reckonable service in or with the Military Forces, any of the units of the King's African Rifles or any of the units to which the Military Units Ordinance applied, but does not include–

    (i)    any period of service which terminated five years or more before the commencement of the next subsequent period of service which is to be taken into account in determining reckonable service;

    (ii)    any period of service in respect of which any gratuity has been granted under the provisions of regulations made under section 212 of the repealed Military Forces Ordinance or section 85 of the repealed King's African Rifles Ordinance unless the gratuity is refunded in the manner which may be agreed upon between the person to whom such gratuity was granted and the Defence Forces Committee;

    (iii)    any period of service in respect of which a pension is in issue whether paid by the Government of Tanzania or some other Government;

    (iv)    any period of service where by reason of age he was in receipt of a lower rate of pay than persons of equivalent rank or position; and

    (v)    all periods during which the officer or man was absent from his duty by reason of imprisonment, desertion or absence without leave exceeding seven days. (F)

4.    Establishment of Service Pension Board

    (1) There is hereby established a board to be known as the Service Pension Board consisting of three members one of whom shall be appointed by the Permanent Secretary for Defence which member shall also be the Chairman of the Board, one member to be appointed by the Chief of the Defence Forces and one member appointed by the Permanent secretary to the Treasury.

    (2) It shall be the duty of the Service Pension Board in the case of any officer or man who is retired from the Defence Forces with not less than ten years reckonable service–

    (a)    to determine the reason for the retirement of the officer or man from the Defence Forces and to certify the reason to the Permanent Secretary to the Treasury;

    (b)    to make appropriate recommendations to the Permanent Secretary to the Treasury concerning the entitlement of an officer or man to any pension, gratuity or allowances under these Regulations; and

    (c)    to assist the Permanent Secretary to the Treasury in any way it may appropriately so do in the implementation of these Regulations.

    (3) The Service Pension Board in determining the reason for the release of an officer or man shall not be bound by the item of release recorded on the release documents of the officer or man concerned. (F)

5.    Permanent Secretary may grant pensions, etc.

    The Permanent Secretary to the Treasury may grant pensions, gratuities or other allowances in accordance with the provisions of these Regulations. (F)

6.    Regulations governing computation

    Any pension or gratuity granted under these Regulations shall be computed in accordance with the provisions in force on the actual date of the release of the officer or man from the Defence Forces. (F)

7.    No absolute entitlement

    Nothing in these Regulations shall be construed as conferring upon an officer or man to whom the same apply an absolute right to any pension or gratuity provided for in these Regulations. (F)

8.    Minimum pension

    (1) In this regulation, "minimum pension" means a specified amount of money which may, from time to time, by order published in the Gazette, be declared by the President as the minimum pension.

    (2) Notwithstanding any provisions of these Regulations to the contrary, an officer who is ordinarily resident in the United Republic shall not, so long as he continues to be resident, be paid a pension which is less than the minimum pension:

    Provided that–

    (a)    where an officer is in receipt of two or more pensions, the provisions of this regulation shall so apply that the aggregate of the pensions so paid shall not be less than the minimum pension;

    (b)    the provisions of this regulation shall apply only in relation to the reduced pension to which an officer is entitled;

    (c)    the provisions of this regulation shall not apply to an officer who is not a citizen of the United Republic.

9.    When pension may be granted

    (1) Subject to paragraphs (2), (3) and (4) of this regulation, a pension may be granted pursuant to these Regulations to every officer or man who has completed–

    (i)    twenty years reckonable service; or

    (ii)    where the officer or man is released from the Defence Forces as being medically unfit or for reasons in the interests of the service not involving inefficiency or misconduct, ten years' reckonable service.

    (2) In the case of an officer or man who is released on the grounds of inefficiency, misconduct or by reason of dismissal, the officer or man may, if he has completed twenty years' reckonable service, be granted at the discretion of the Permanent Secretary to the Treasury, a reduced pension not to exceed ninety per centum of the maximum pension which might have been granted to him had he been released at that time at his own request.

    (3) When an officer or man is retired from the Defence Forces by reason of any wound, injury or disease in respect of which a disability pension, allowance or gratuity is or has been granted under the Defence Forces (Disability and Death Pensions and Gratuities) Regulations, he shall, notwithstanding that he has less than ten years' reckonable service in the Defence Forces, be eligible for a pension under these Regulations based on his reckonable service. (F)

10.    Time in public service

    (1) Subject to subregulations (2) and (3) of this regulation, an officer or man who became a member of the Defence Forces on transfer from the public service, or who, on taking his release from the public service for purposes of becoming a member of the Defence Forces applied within thirty days of his release from the public service to become a member, may in computing his reckonable service for purposes of these Regulations, include any period of time during which would he was in the public service to the same extent that the time would have been counted for the purposes had the member remained in the public service.

    (2) Unless the officer or man concerned is released from the Defence Forces by reason of death, or for one of the reasons mentioned in paragraph (ii) of subregulation (1) of regulation 8, subregulation (1) of this regulation shall only apply to an officer or man who has served for five years in the Defence Forces subsequent to his transfer or release from the public service.

    (3) This regulation shall not apply to any period in the public service in respect of which a pension is in issue or a gratuity has been paid.

11.    Computation

    (1) Pensions granted under these Regulations shall be computed at the monthly rate of one-five hundred and fortieth of pensionable emoluments for each completed month of reckonable service.

    (2) No pension granted under these Regulations shall exceed four-fifths of the highest pensionable emoluments drawn by the officer or man concerned during his service either in the Defence Forces or in the public service:

    Provided that officers who are specified in General Notice 17 and 18 of January, 1988 shall retire on the terms stipulated there.

    (3) The Chief of the Defence Forces shall retire on full monthly basic salary paid as pension.

    (4) Officers of the rank of Major-General or above shall retire on eighty per centum (80%) of their basic monthly salary paid as pension.

12.    Rate of pension and gratuity

    (1) Subject to the provisions of these Regulations any officer or man who qualifies for a pension under these Regulations may, on retirement, be granted–

    (a)    a reduced annual pension of an amount equal to one-half of the specified amount;

    (b)    a reduced pension gratuity equal to fifteen and one-half times the amount of the reduction so made in the pension unless that officer or man exercises an option in writing to be paid, in lieu of the gratuity and reduced pensions, a specified amount;

    (c)    a pension gratuity equal to twelve and one half times the "specified amount" where the reduced annual pension does not exceed seven thousand two hundred shillings:

    Provided that in computing a gratuity due to an officer who retired prior to the coming into operation of this Act, the period taken into account shall not be less than five years notwithstanding the period in which the pension was actually drawn.

    (2) For the purposes of this regulation "specified amount" means an annual amount equal to one six hundredth of an officer's annual pensionable emoluments for each completed month of his pensionable service.

    (3) If an officer or man exercises the option his decision shall be irrevocable so far as concerns any pension granted to him under these Regulations.

    (4) The exercise of any option made under the provisions of this regulation shall be in writing and addressed to the Service Pension Board. (F)

13.    Payable monthly in arrear

    Every pension payable under the provisions of these Regulations shall be paid monthly in arrear.

14.    Liability to recall

    Where at any time the Defence Forces are on active service by reason of an emergency, and an officer or man in receipt of a pension under these Regulations, who has not at the time reached the compulsory release age for the rank he held at the time of his release from the Defence Forces, is offered a further period of service in the Defence Forces at that rank, if that officer or man refuses to accept the offer, the pension granted to him may be suspended until he has reached the compulsory retirement age. (F)

15.    Recomputation and reinstatement

    Where an officer or man ceases to be re-employed with the Defence Forces his pension shall–

    (a)    if it was suspended or reduced, be reinstated; and

    (b)    in any event be recomputed taking into consideration the time during which that officer or man was re-employed. (F)

16.    Imprisonment

    (1) Where an officer or man to whom a pension has been granted under these Regulations is sentenced by a civil court to a term of imprisonment for any offence, the pension may, if the Permanent Secretary to the Treasury directs, cease as from the date which the Permanent Secretary may specify.

    (2) Where an officer or man is sentenced by a civil court to a term of imprisonment for an offence after release from the Defence Forces in circumstances in which he is eligible for a pension under these Regulations, but before the pension is granted, then the provisions of subregulation (1) of this regulation shall apply in respect of any pension which may be granted to him.

    (3) Where a pension ceases by reason of this regulation, it shall be lawful for the Permanent Secretary to direct all or any part of the moneys to which a person would, but for the provisions of this regulation, have been entitled by way of pension to be paid or for the maintenance or benefit of, the officer or man and any wife, child or children of that officer or man or any other dependants whom the Permanent Secretary to the Treasury may determine in any proportion and manner which the Permanent Secretary thinks proper or for the discharge of that officer's or man's debts, and the moneys shall be paid or applied accordingly.

    (4) When an officer or man whose pension has ceased pursuant to this regulation is released from prison, it shall be lawful for the Permanent Secretary to direct that his pension be restored to him as from the date of his release from prison or any later date and his pension shall be restored accordingly.

    (5) Where an officer or man whose pension has ceased by reason of this regulation, after conviction at any time received a free pardon, the pension shall be restored with retrospective effect, but in determining whether arrears of the pension are payable to him and in computing the amount, account shall be taken of all moneys paid or applied under subregulation (3) of this regulation. (F)

17.    Pension to cease on death

    Every pension granted under the provisions of these Regulations shall, unless it has sooner ceased, cease immediately upon the death of the person to whom it was granted. (F)

18.    Gratuity: when not pensionable

    (1) An officer or man who has less than ten years of reckonable service and who is released from the Defence Forces under circumstances which, but for the qualifying period, would have made him pensionable under paragraph (ii) of subregulation (1) of regulation 9, or an officer or man who having less than twenty years' service but more than ten years' service, not being an officer or man to whom paragraph (ii) of subregulation (1) of regulation 9 applies, is released from the Defence Forces, may be granted a gratuity not exceeding five times the annual amount of the pension which, if there had been no qualifying period or if he had otherwise been pensionable, might have been granted to him under these Regulations:

    Provided that in respect of an officer or man who enrolled on or after the first day of June, 1964, this regulation shall apply and be construed as if for the period of more than ten years' service prescribed in this subregulation there were substituted a period of not less than six years' service.

    (2) This regulation shall not apply to an officer or man who is granted a pension under regulation 9(3) of these Regulations. (F)

19.    Gratuity where an officer or man dies in the Service or after retirement

    (1) Where an officer or man dies before having been released from the Defence Forces, a gratuity may be granted to his legal personal representative in an amount not exceeding either his annual pensionable emoluments or the amount he could have received had he exercised his option to commute his pension pursuant to regulation 11 of these Regulations, whichever is the greater.

    (2) Where an officer or man who has been released from the Defence Forces dies before he has received by way of pension or reduced pension and commuted pension or other allowance an amount which is equivalent to the amount which might be granted under subregulation (1) of this regulation, a gratuity not exceeding the difference between the amount which has already been paid to that officer or man by way of pension or reduced pension and commuted pension, and the amount which might have been granted under subregulation (1) of this regulation, may be granted to his legal or personal representative. (F)

20.    Survivors' benefit for dependants

    (1) Where an officer or man, who qualifies for a pension under these Regulations, dies whilst in the Service of the Defence Forces, his dependants may be granted with effect from the date following that of the death of the officer, a survivors' benefit under this regulation. The survivors' benefits shall be in addition to the gratuity which may be payable under regulation 19.

    (2) The survivors' benefit under this Regulation shall be of an amount equal to the commuted pension to which the deceased officer or man would have been entitled had he retired immediately preceding his death in circumstances described in subparagraph (iii) of subregulation (1) of regulation 9.

    (3) The distribution of survivors' benefits as between the dependants shall be made in accordance with the intestate law of succession governing the community to which the deceased officer or man belonged.

    (4) The payment of survivors' benefit shall cease upon expiry of a period of three years from the date following that of the death of the deceased officer or man or on the recipient's death, whichever shall be belonged:

    Provided that–

    (a)    in the case of any payment of a survivors' benefit or any portion of it being paid to a widow who remarries within a period of three years aforesaid, the payment shall cease upon such re-marriage;

    (b)    in the case of any dependent child, the payment shall cease upon his attaining the age of eighteen years.

    (5) The provisions of this section shall apply mutatis mutandis where the officer in receipt of a pension under these Regulations dies within a period of three years immediately following his retirement on pension; provided that the survivors' benefit payable in that case shall not exceed the amount of pension which was being paid to the deceased officer or man immediately preceding his death, and shall be payable until the expiry of three years from the date of retirement.

    (6) Where any portion of a survivors' benefit payable under this regulation ceases to be payable by reason of the death of the recipient or re-marriage of the widow or any dependent child attaining the age of eighteen years during the period of three years following the death of the deceased officer or man, the portion shall for the remaining period, be divided amongst other recipients in the proportion in which they would have been entitled under the appropriate law of succession, and the dependant whose portion has so ceased shall not be entitled to any survivors' benefit immediately following the death of the deceased officer or man.

    (7) Where an officer or man dies whilst in the service of the Defence Forces–

    (i)    after not less than twenty years of reckonable service but leaving no dependants surviving him; or

    (ii)    after less than twenty years of reckonable service irrespective of whether or not he leaves dependants surviving him,

there may be awarded to his estate only the death gratuity under the provisions of regulation 19. No other survivors' benefit shall be payable in such cases.

    (8) The Permanent Secretary to the Treasury may, by notice published in the Gazette, exempt any officer or category of officers from all or any of the provisions of this regulation.

21.    Withholding of gratuity

    A gratuity payable under these Regulations may be withheld or reduced by the Permanent Secretary to the Treasury if the officer or man has been released on grounds of inefficiency, misconduct, or has been dismissed with disgrace or dismissed from the Defence Forces. (F)

22.    Appeal Board

    Any person whose pension has been withheld or suspended or who has been granted a reduced pension or whose gratuity has been withheld or reduced because of the reason determined by the Service Pension Board as being the reason for his release from the Defence Forces, may within 30 days of being informed of the suspension, reduction, or withholding, appeal to the Defence Forces Committee which committee shall review the case and either confirm the finding of the Service Pension Board or certify to the Permanent Secretary to the Treasury the new reason for release which it may determine and the decision of the Defence Forces Committee in this regard shall be final. (F)

23.    Special provision re: mess bills

    Notwithstanding any of the provisions of these Regulations where at the time of the release of an officer or man from the Defence Forces, the officer or man has failed to pay any outstanding mess accounts or bills owing by him to any mess or institute of the Defence Forces, any pension or gratuity payable under these Regulations may, at any time, be withheld until satisfactory arrangements have been made for the payment of the accounts or bills which either by the officer or man or by deduction or deductions from the pension or gratuity. (F)

24.    Pensions, etc., not assignable

    Except as provided otherwise in these Regulations, a pension, gratuity or other allowance granted under these Regulations shall not be assignable or transferable except for the purpose of satisfying–

    (a)    a debt due to the Government; or

    (b)    an order of any competent court for the periodical payment of sums of money towards the maintenance of the wife or former wife or minor child by the officer or man to whom the pension, gratuity or other allowance has been granted, and shall not be liable to be attached, sequestered, or levied upon, for or in request of any debt or claim except a debt due to the Government.

APPENDIX II: THE DEFENCE FORCES (SHORT SERVICE COMMISSIONED OFFICERS) (SERVICE PENSIONS AND GRATUITIES) REGULATIONS

(Under section 66)

G.N. No. 52 of 1968

1.    Citation

    These Regulations may be cited as the Defence Forces (Short Service Commissioned Officers) (Service Pensions and Gratuities) Regulations.

2.    Application

    These Regulations shall apply to officers of the Defence Forces who were granted short service commissions in accordance with the Military Forces Council Directive MFC/P (62)14 issued under the provisions of the Tanganyika Military Forces Ordinance. (F)

3.    Responsibilities of the Service Pension Board

    The Service Pension Board, established by the Defence Forces (Service Pensions and Gratuities) Regulations, shall perform all the duties and functions prescribed in those Regulations, in respect of those officers to whom these Regulations apply.

4.    Interpretation

    In these Regulations, unless the context requires otherwise–

    "month" means a calendar month and broken periods at the beginning and end of service shall be totalled and each completed 30 days shall be deemed to be one completed month;

    "officer" includes a discharged pensioner;

    "reckonable service" means all paid service, and includes commissioned service and other rank service, in or with the Defence Forces, the Military Forces, and all prior reckonable service in any of the units of the King's African Rifles or any of the units to which the Military Units Ordinance applied, but does not include–

    (i)    any period of service which terminated five years or more before the commencement of the next subsequent period of service which is to be taken into account in determining reckonable service;

    (ii)    any period of service in respect of which any gratuity has been granted under the provisions of the regulations made under section 212 of the Military Forces Ordinance or section 85 of the King's African Rifles Ordinance unless that gratuity is refunded in a manner which may be agreed upon between the person to whom the gratuity was granted and the Chief of the Defence Forces;

    (iii)    any period ordered to be forfeited by a court martial under service law;

    (iv)    any period of service undergone prior to attaining the apparent age of eighteen years; and

    (v)    all periods during which the officer was absent from his duty by reason of imprisonment, desertion or absence without leave exceeding seven days. (F)

5.    Right to pension or gratuity not absolute

    Nothing in these Regulations shall be construed as conferring upon an officer to whom they apply any absolute right to any pension or gratuity provided for in these Regulations. (F)

6.    When pension may be granted

    (1) Subject to subregulation (2) a pension may be granted pursuant to these Regulations to every officer who has completed–

    (i)    eighteen years' reckonable service; or

    (ii)    where the officer is released from the Defence Forces as being medically unfit or for reasons in the interests of the service not involving inefficiency or misconduct, twelve years' reckonable service.

    (2) In the case of an officer who is released on the grounds of inefficiency, misconduct, or who has been dismissed with disgrace from the Defence Forces or dismissed from the Defence Forces, that officer may, if he has completed eighteen years' reckonable service, be granted at the discretion of the Permanent Secretary to the Treasury, a reduced pension not to exceed ninety per centum of the maximum pension which might have been granted to him had he been released under circumstances other than those prescribed in this subregulation. (F)

7.    Computation

    Pension granted under these Regulations shall be computed at the monthly rate of one shilling and eighty cents for each completed month of reckonable service. (F)

8.    Commutation

    (1) An officer to whom a pension has been granted under these Regulations may commute up to twenty-five per centum of the monthly pension at the equivalent of one hundred and fifty times the amount of monthly pension commuted.

    (2) Subject to subregulation (3) of this regulation, the option to commute a pension, or, where it is wished to revoke an earlier exercise of the option, the revocation must be exercised or made not later than the day preceding the day of the release of the officer concerned from the Defence Forces.

    (3) If an officer does not exercise, or, having exercised does not revoke the option by the day specified in subregulation (2), the Permanent Secretary to the Treasury may, if it appears to him in all the circumstances equitable so to do, allow him to exercise or revoke the option at any time between the day immediately preceding the date of his retirement and the actual date of the award of pension under these Regulations.

    (4) Except as provided in subregulation (3) of this regulation an option once exercised shall be irrevocable. (F)

9.    Pension payable monthly

    Every pension payable under the provisions of these Regulations shall be paid monthly in arrear. (F)

10.    Liability of recall

    Where at any time the Defence Forces are on active service by reason of an emergency, and an officer in receipt of a pension under these Regulations, who has not at the time reached the compulsory release age for the rank he held at the time of his retirement from the Defence Forces, is offered a commission in the Defence Forces at that rank, refuses to accept the offer, the pension granted to that officer may be suspended until he has reached the compulsory retirement age. (F)

11.    Suspension or reduction on re-enrolment

    If an officer to whom a pension has been granted under these Regulations is subsequently re-enrolled in the Defence Forces, either as an officer or otherwise, the pension may–

    (a)    if his pay and allowances on re-enrolment or at any time thereafter exceeds those of which he was in receipt at the time of retirement, be suspended; and

    (b)    where his pay and allowances on re-enrolment are less than those of which he was in receipt at the time of retirement, be paid at the reduced rate necessary to bring his then current pay and allowances together with the reduced pension to the level of the pay and allowances received by that officer at the time of his retirement. (F)

12.    Recomputation and reinstatement

    Where an officer ceases to be re-employed with the Defence Forces his pension shall–

    (a)    if it was suspended or reduced, be reinstated; and

    (b)    in any event, be recomputed taking into consideration the time during which that officer was re-employed. (F)

13.    Bankruptcy

    (1) Where an officer to whom a pension has been granted under these Regulations is adjudicated bankrupt or is declared insolvent by judgment of any competent court, then the pension shall cease immediately.

    (2) Where an officer is adjudicated bankrupt or declared insolvent either–

    (a)    after release from the Defence Forces in circumstances in which he is eligible for a pension under these Regulations but before the pension is granted; or

    (b)    before that release from the Defence Forces, and has not obtained his discharge from bankruptcy or ceased to be insolvent at the date of release from the Defence Forces,

then, in the former case, any pension eventually granted to him shall cease as from the date of adjudication or declaration (as the case may be) and, in the latter case, the pension may be granted, but shall cease immediately and not become payable.

    (3) Where a pension ceases by reason of this regulation, it shall be lawful for the Permanent Secretary to the Treasury from time to time, during the remainder of the officer's life, or during any shorter period or periods, either continuous or discontinuous, which the Permanent Secretary thinks fit, to direct that all, or any part, of the moneys to which the officer would have been entitled by way of pension, had he not become bankrupt or insolvent, be paid to, or applied for the maintenance or benefit of, the officer and any wife, child or children of his or any other dependants whom the Permanent Secretary may determine, in the proportion and manner which the Permanent Secretary thinks proper or for the discharge of the officer's debts, and such moneys shall be paid or applied accordingly.

    (4) Moneys applied for the discharge of debts of the officer whose pension has so ceased shall, for the purposes of this regulation, be regarded as applied for his benefit.

    (5) Where an officer whose pension has so ceased obtains his discharge from bankruptcy or ceases to be insolvent, it shall be lawful for the Permanent Secretary to the Treasury to direct that his pension be restored as from the date of the discharge or any later date, and his pension shall be restored accordingly. (F)

14.    Imprisonment

    (1) Where an officer to whom a pension has been granted under these regulations is sentenced by a civil court to a term of imprisonment for any offence, the pension may, if the Permanent Secretary to the Treasury so directs, cease as from the date which the Permanent Secretary may specify.

    (2) Where an officer is sentenced by a civil court to a term of imprisonment for an offence after release from the Defence Forces in circumstances in which he is eligible for pension under these Regulations, but before the pension is granted, then the provisions of subregulation (1) of this regulations shall apply in respect of any pension which may be granted to him.

    (3) Where a pension ceases by reason of this regulation, it shall be lawful for the Permanent Secretary to the Treasury to direct all or any part of the moneys to which that person would, but for the provisions of this regulation, have been entitled by way of pension to be paid or applied in the same manner in all respects as provided in subregulation (3) of regulation 13 of these Regulations and such moneys shall be paid or applied accordingly.

    (4) When an officer whose pension has ceased pursuant to this regulation is released from prison, it shall be lawful for the Permanent Secretary to the Treasury to direct that his pension be restored to him as from the date of his release from prison or any later date and his pension shall be restored accordingly.

    (5) Where an officer whose pension has ceased by reason of this regulation, after conviction at any time receives a free pardon, the pension shall be restored with retrospective effect, but in determining whether arrears of the pension are payable to him and in computing the amount account shall be taken of all moneys paid or applied under subregulation (3) of this regulation. (F)

15.    Pension to cease upon death

    Every pension granted under the provisions of these Regulations shall, unless it has sooner ceased, cease immediately upon the death of the person to whom it was granted. (F)

16.    Additional gratuity for pensionable officer

    An officer granted a pension in accordance with these Regulations may be granted in addition for each commissioned year of service a gratuity of five hundred shillings or twenty-five per cent of the difference between the emoluments drawn in the commissioned rank and nine hundred shillings, whichever is the greater. (F)

17.    Gratuity for unpensionable officers

    An officer with less than eighteen years reckonable service, but not less than twelve years (not being an officer to whom paragraph (ii) of subregulation (1) of regulation 6 is applicable)–

    (a)    with respect to his other rank service may be paid a gratuity in accordance with the provisions of the Tanganyika Military Forces (Service Pensions and Gratuities) (Soldiers) Regulations, 1960; and

    (b)    with respect to his commissioned service may be granted a gratuity in accordance with regulation 16 of these Regulations. (F)

18.    Gratuity where an officer dies in the Service or after retirement

    (1) Where an officer to whom these Regulations apply dies before having been released from the Defence Forces, a gratuity may be granted to his legal personal representative in an amount not exceeding either ten thousand eight hundred shillings or the amount he could have received had he exercised his option to commute his pension pursuant to regulation 8 of these Regulations, whichever is the greater.

    (2) Where an officer who has retired from the Defence Forces dies before he has received by way of pension or reduced pension and commuted pension or other allowance an amount which might be granted under subregulation (1) of this regulation, a gratuity not exceeding the difference between the amount which has already been paid to that officer by way of pension or reduced pension and commuted pension, and the amount which might have been granted under subregulation (1) of this regulation, may be granted to his legal personal representative. (F)

19.    Withholding of gratuity

    A gratuity payable under these Regulations may be withheld by the Permanent Secretary to the Treasury if the officer has been released on grounds of inefficiency, misconduct, or has been dismissed with disgrace from the Defence Forces or dismissed from the Defence Forces. (F)

20.    Appeals

    Any officer whose pension has been withheld or suspended or who has been granted a reduced pension or whose gratuity has been withheld or reduced because of the reason determined by the Service Pension Board as being the reason for his release from the Defence Forces, may within thirty days of being informed of such suspension, reduction, or withholding, appeal to the Defence Forces Committee, which committee shall review the case and either confirm the finding of the Service Pension Board or certify to the Permanent Secretary to the Treasury any new reason for release which it may determine and the decision of the Defence Forces Committee in this regard shall be final. (F)

21.    Special provision re: mess bills

    Notwithstanding any of the provisions of these Regulations, where at the time of release of an officer from the Defence Forces, the officer has failed to pay any outstanding mess accounts or bills owing by him to any mess or institute of the Defence Forces, any pension or gratuity payable under these Regulations may, at any time, be withheld until satisfactory arrangements have been made for the payment of those accounts or bills either by the officer or by deduction or deductions from the pension or gratuity. (F)

22.    Pension, etc., not assignable

    Except as otherwise provided in these Regulations, a pension, gratuity or other allowance granted under these Regulations shall not be assignable or transferable except for the purpose of satisfying–

    (a)    a debt due to the Government; or

    (b)    an order of any competent court for the periodical payment of sums of money towards the maintenance of the wife or former wife or minor child of the officer to whom the pension, gratuity or other allowance has been granted,

and shall not be liable to be attached, sequestered, or levied upon, for or in respect of any debt or claim except a debt due to the Government.

APPENDIX III: THE DEFENCE FORCES (DEFENCE ESTABLISHMENT TRESPASS) REGULATIONS

G.N. No. 52 of 1968

1.    Citation

    These Regulations may be cited as the Defence Forces (Defence Establishment Trespass) Regulations.

2.    Application

    These Regulations do not apply to any person who is subject to the Code of Service Discipline, but apply to all other persons except as provided in regulation 29.

3.    Interpretation

    In these Regulations–

    "defence establishment" means any area or structure under the control of the Minister for Defence for defence purposes, and the materiel and other things situate in or on any that area or structure;

    "issuing authority" means a person authorized pursuant to these regulations to issue a pass;

    "livestock" means horses, cattle, sheep, goats, swine, mules, donkeys and dogs;

    "materiel" means all movable public property, other than money, provided for the Defence Forces or any other purpose, under the National Defence Act, and includes and vessel, vehicle, aircraft, animal, missile, arms, ammunition, clothing, stores, provisions or equipment so provided;

    "pass" means a written authorization or permit issued by an issuing authority permitting the person named in it to enter upon or into a defence establishment;

    "security guard" means any police officer, provost, or military police-man, and includes any officer or man of the Defence Forces or employee of the Department of National Defence who has been assigned duties relating to the enforcement of these regulations.

4.    Access

    (1) Every person to whom these regulations apply is prohibited from entering any defence establishment, except in the manner prescribed and in compliance with the provisions hereof.

    (2) Every person seeking to enter a defence establishment shall apply for and obtain a pass from an issuing authority.

5.    Issuing authorities

    The following persons, and no others, are authorized to issue passes under these regulations–

    (a)    to a defence establishment, the officer in command or person in charge of it, or any other person or persons whom he may designate in writing; and

    (b)    to any defence establishments which are designated in the pass issued, any officer or any person appointed for the purpose by the Minister for Defence or the Chief of the Defence Forces.

6.    Discretion

    The granting of a pass to any person shall be in the absolute discretion of the issuing authority who may without stated reasons withhold, delay or refuse the issue of a pass and may revoke any pass which has been issued.

7.    Pass

    A pass shall be valid for only the person named in it and for the purpose and period of time stated there and shall not be transferable.

8.    Duties of person to whom pass issued

    Every person to whom a pass has been issued may enter the defence establishment and shall–

    (a)    except as provided in paragraph (f) of this regulation, keep the pass in his possession while remaining in or on the defence establishment;

    (b)    enter the defence establishment by way only of the established main entrance or any other way as may be authorized in writing by the officer in command or person in charge of the defence establishment;

    (c)    leave the defence establishment by the way entry was gained or by any other exit which may be authorized by the officer in command or person in charge of the defence establishment;

    (d)    while remaining in or on the Defence establishment, comply with every direction given by or under the authority of the issuing authority, which shall be deemed to include every written or printed direction contained in the pass, and any written or printed notice, direction, order or regulation displayed in, on or about, or pertaining to the defence establishment;

    (e)    while remaining in or on the defence establishment, upon the request of any security guard, and as often as may be required, produce the pass;

    (f)    while in or on the defence establishment, upon the request of any security guard, surrender the pass to the security guard and immediately leave the defence establishment;

    (g)    upon expiration or revocation of the pass, however it may expire or be revoked, surrender the pass to the issuing authority;

    (h)    immediately upon the order of any security guard leave the defence establishment; and

    (i)    when entering, while remaining in or on, or when leaving a defence establishment, submit to search by a security guard of his person or of any package, parcel, vehicle or thing in his possession, but no female person shall be searched except by a female.

9.    Removal

    Every person found in or on a defence establishment in contravention of these regulations may be removed from there by a security guard but the removal shall be without prejudice to any other proceedings that may be taken.

10.    Name and address

    Every person in or on a defence establishment shall, upon the request of a security guard, furnish his true name and address.

11.    Terms and conditions

    Every person who has obtained a pass shall be deemed to have read and understood it and to have agreed to abide by any terms and conditions which may be written or printed on the pass or endorsed on it.

12.    Livestock

    (1) Every person who is the owner of livestock shall ensure that none of his livestock enters into, strays upon, or is driven upon a defence establishment.

    (2) In the event of any livestock entering, breaking into, straying upon or being driven into or found in or upon a defence establishment, the livestock may be impounded by a security guard in any pound, and the pound-keeper shall detain it and provide suitable and adequate food, water, shelter and care.

13.    Pounds

    For the purposes of these regulations an issuing authority may designate any convenient place or structure as a pound and may authorize any person to act as a pound-keeper.

14.    Notice of impoundment

    (1) When livestock is impounded pursuant to these regulations, the officer in command or person in charge of the defence establishment shall, immediately after the impounding cause to be posted in the Office of the District Commissioner and in any other public places which he may designate, a notice describing the livestock impounded, and stating, as regards each animal the age, as near as it is possible to do so, and also the sex, colour and brand or other marks of identification.

    (2) A copy of the notice shall be mailed to any person believed to be the owner of the livestock.

15.    Notice of sale

    (1) When impounded livestock is not claimed within ten days after publication of the notice referred to in regulation 14, the officer in command or person in charge of the defence establishment shall give not less than ten days' notice that he proposes to sell the livestock at a public auction.

    (2) Copies of the notice of sale shall be posted in the office of the District Commissioner and in any other places as may be designated by the officer in command or person in change of the defence establishment.

16.    Proceeds of sale

    (1) After the expiration of ten days from the posting of the notice, the impounded livestock may be sold at public auction.

    (2) The proceeds of such sale, after deduction therefrom of such sum as is chargeable in respect of fees and costs under regulation 17, may be paid by the officer in command or person in charge of the defence establishment to the former owner of the livestock, upon such owner furnishing the officer in command or person in charge of the defence establishment with satisfactory evidence establishing that he was the owner of the livestock sold.

    (3) Where satisfactory evidence of ownership is not furnished in accordance with subregulation (2) of this regulation within one month of the date of the sale of any livestock, the proceeds of the sale, after deduction of fees and costs chargeable under regulation 17, shall be remitted to the Chief of the Defence Forces.

    (4) If not claimed by the former owner of the impounded livestock within one year after the date of the sale, any sums so remitted shall be paid to the Permanent Secretary to the Treasury and shall form part of revenue.

17.    Fees and charges

    The following are the fees and charges 1 authorized in respect of impoundment and sale under these regulations–

    (a)    for the care of each animal for each day or fraction of a day it is impounded, of–

        (i)    each animal other than a sheep, goat or swine;

        (ii)    each sheep, goat or swine;

    (b)    for each copy of notice published in accordance with regulation 14;

    (c)    for each copy of notice of sale published in accordance with regulation 15 ;

    (d)    for selling impounded animals and applying the proceeds as directed by these regulations, a commission of ten per cent of the amount realised on the sale;

    (e)    in addition to the preceding provision, the actual costs incurred in capturing, impounding, transporting, and maintaining livestock, in the printing and publishing of notices, and in the conduct of any sale pursuant to these regulations.

18.    Diseased animals

    Notwithstanding the provisions of regulations 12 to 17 inclusive, the officer in command or person in charge of a defence establishment may order the destruction of any livestock found within the defence establishment in contravention of these regulations, if the livestock is found to be suffering from an infectious or contagious disease, and the owner of the livestock shall be liable for the costs of the destruction, and the destruction and liability shall be without prejudice to any other proceedings that may be taken.

19.    Damage to property

    No person shall break down, injure, weaken or destroy any gate, fence, erection, building or structure in or on a defence establishment.

20.    Interference with signs

    No person shall remove, obliterate, with deface or destroy any printed or written sign, notice, direction, order or regulation which is posted, attached or affixed to or upon any fence, post, gate, building, structure, erection or materiel on or forming part of a defence establishment.

21.    Disturbances

    No person shall cause or participate in any disturbance while in or on a defence establishment.

22.    Intoxication

    No person shall be in an intoxicated condition in or on a defence establishment.

23.    Intoxicating liquor

    No person shall, without the previous consent of the officer in command or person in charge of any defence establishment, convey or cause to be conveyed intoxicating liquor into, within or from the defence establishment.

24.    Attachments to property

    No person shall, without the permission of the officer in command or person in charge of a defence establishment, attach or affix anything to or upon any fence, post, gate, building, structure, erection or materiel on or forming part of the defence establishment.

25.    Claims

    No person shall have any claim for injury or damage suffered by him as a result of that person or his property being in or on a defence establishment in contravention of these regulations.

26.    Photographs

    (1) An issuing authority may prohibit any person from–

    (a)    taking, making, publishing or being in possession of any photograph, sketch or plan of a defence establishment; or

    (b)    bringing any photographic equipment into any defence establishment.

    (2) The contravention of any order made under subregulation (1) of this regulation shall be deemed to be a contravention of these regulations.

27.    Loitering

    No person shall loiter in the vicinity of a defence establishment, and any person so loitering shall, when required to do so by a security guard, forthwith depart from such vicinity.

28.    Arrest

    (1) Every security guard is authorized to arrest without warrant any person found committing any criminal offence or contravening any of these regulations on or with respect to any defence establishment or whom on reasonable and probable ground he believes to have committed the offence, or the contravention.

    (2) Where the use of force is necessary to effect an arrest, a security guard shall use no more force than is necessary in the circumstances.

29.    Exemption of persons

    Notwithstanding anything contained in these regulations, the officer in command or person in charge of a defence establishment may in respect of the establishment, in his sole discretion, and from time to time, exempt any person from the application of these regulations, but the exemption shall be in writing and shall be for the period, not exceeding three months, as may be specified therein.

30.    Exclusion of establishments

    The Minister for Defence may from time to time declare that these regulations, or any part of them, shall not apply to any defence establishment or to any part of any defence establishment.

31.    Penalties

    Every person who contravenes any of these regulations commits an offence and upon conviction is liable to a fine not exceeding five thousand shillings or to imprisonment for a term not exceeding twelve months or to both the fine and imprisonment.

APPENDICES IV to X inclusive: NOT ALLOCATED

VOLUME II
(DISCIPLINARY) REGULATIONS

G.Ns. Nos.
258 of 1967
658 of 1986

REGULATION 101
GENERAL PROVISIONS RESPECTING THE CODE OF SERVICE DISCIPLINE

(Refer carefully to the Definitions when reading this Regulation)

101.01 - MEANING OF "COMMANDING OFFICER"

    (1) For the purposes of proceedings under the Code of Service Discipline "commanding officer" means–

    (a)    an officer in command of a unit;

    (b)    an officer designated as a commanding officer by the Chief of the Defence Forces pursuant to section C. 88 of the Code of Service Discipline;

    (c)    an officer who in relation to a person subject to the Code of Service Discipline, is deemed by the National Defence Act * to be that person's commanding officer;

    (d)    a detachment commander; and

    (e)    includes in relation to any accused person–

        (i)    the commanding officer of the station or unit to which the accused belongs or, except in the case of a detention barracks, the commanding officer of the station or unit in which the accused is present when any proceedings in respect of him are taken under the Code of Service Discipline; and

        (ii)    if the accused is a commanding officer, the next superior officer to whom he is responsible in the matters of discipline, any such other officer whom the Chief of the Defence Forces may designate.

    (2) The powers of punishment of a detachment commander shall be subject to any limitations which may be imposed by his commanding officer.

NOTES

    (A)    A "detachment commander" is the senior officer in charge of a part of a unit separated from the remainder of the unit and operating under conditions under which the commanding officer of the unit cannot effectively exercise his disciplinary powers as commanding officer over the part so separated. Where a detachment is specially formed to operate under these circumstances, the commanding officer should normally appoint the senior officer in charge to be detachment commander and in that case the appointment should be in writing and may contain any limitation of powers of punishment imposed by the commanding officer. Where, however, the situation arises otherwise than by arrangement, the existence of the detachment and therefore the powers of a detachment commander follow from the factual situation. In both these cases, however, the detachment must be geographically so separated from the remainder of the unit under conditions that the commanding officer of the unit cannot effectively exercise his disciplinary power before the detachment commander becomes a commanding officer under this provision.

101.02 - MEANING OF "DISMISSED"

    For the purposes of proceedings under the Code of Service Discipline, "dismissed" refers to a formal decision by a competent authority that a charge should not be further proceeded with. A charge may be dismissed at any time before a finding of not guilty or guilty has been made.

NOTES

    (A)    A court-martial has no power to dismiss charges.

    (B)    A dismissal of a charge operates under section C. 8 of the Code of Service Description as a special plea. (See subregulation 102.15 Previous Acquittal or Conviction.)

101.03 - HOW RANKS TO BE CONSTRUED

    For the purpose of proceedings under the Code of Service Discipline, every reference to the rank of an officer or man means the highest rank he holds, whether substantive, temporary or acting, exclusive of honorary rank.

101.04 - EFFECT OF NOTES

    The notes appended to subregulations in Defence Forces Regulations are for the guidance of officers and men. They shall not be construed as if they had the force and effect of law, but they should not be deviated from without good reason.

NOTES

    (A)    The notes are based upon decisions of the civil courts, principles stated in legal text-books, and opinions of legal advisers.

101.05 - RESTITUTION OF PROPERTY AND RETURN OF EXHIBITS

    Any exhibit submitted to a service tribunal which has not been restored under section C. 142 of the Code of Service Discipline to the person apparently entitled to it may, if the Judge Advocate General approves, be returned to the person apparently entitled to it.

101.06 - EFFECT OF IRREGULARITIES IN PROCEDURE

    (1) A finding made or a sentence passed by a service tribunal shall not be invalid by reason only of deviation from the procedure prescribed in Defence Forces Regulations, unless it appears that injustice has been done to the accused person by the deviation.

    (2) Nothing in paragraph (1) shall be construed as relieving an officer or man of the consequences of contravention of Defence Forces Regulations.

NOTES

    (A)    Paragraph (1) is intended to prevent the ends of justice being defeated in consequence of defects, usually of a technical nature, in matters of procedure which do not affect the merits of the case.

    (B)    For the effect of deviation from forms, see subregulation 1.12 (Forms).

101.07 - INTERPRETATION OF CHARGES

    In the construction of a charge sheet, charge report or charge there shall be presumed in favour of supporting it every proposition which may reasonably be presumed to be impliedly included, though not expressed in the charge sheet, charge report or charge. The statement of the offence and the particulars of the offence shall be read and construed together.

101.08 - CASES NOT PROVIDED FOR IN DEFENCE FORCES REGULATIONS.

    When, in any proceedings under the Code of Service Discipline, a situation arises that is not provided for in Defence Forces Regulations or in orders or instructions issued to the Defence Forces by the Chief of the Defence Forces, the course that seems best calculated to do justice shall be followed.

101.09 - JOINT TRIALS

    (1) Except as provided in paragraph (2) of this subregulation, accused persons shall not be tried together by court-martial.

    (2) The Minister or an officer appointed by him for that purpose, may order that any number of accused persons be charged jointly and tried together by court-martial for an offence alleged to have been committed by them collectively.

    (3) When, in pursuance of an order made under paragraph (2) of this subregulation, a court-martial is convened to try persons charged jointly, an accused person may apply to the authority who convened the court-martial to be tried separately, on the ground that the evidence of one or more of the accused persons whom it is proposed to try with him will be material to his defence. If the authority to whom the application is made is satisfied that the application is well founded, he shall convene a separate court-martial for the trial of the applicant.

NOTES

    (A)    The many and serious complications involved in trial of persons charged jointly make it undesirable that more than one person at a time be tried by a single court-martial. Application for the joint trial of two or more persons by a court-martial should only be made when special circumstances indicate that this may be the proper course to follow.

    (B)    The provisions of this subregulation apply only to courts-martial but commanding officers should not, without special reason for so doing, try two or more persons together.

101.10 - LOSS OF MINUTES OF PROCEEDINGS OF COURT-MARTIAL

    If, at any time, the original minutes of the proceedings of a court-martial or any part of the original minutes is lost, a valid and sufficient record of the trial for all purposes may be made–

    (a)    by signature of the President or of the Judge Advocate at the trial being affixed to a copy of the minutes; or

    (b)    if there is no copy of the minutes, by the President or Judge Advocate stating in writing the substance of the charge, finding, sentence, and transactions of the court, the statement being authenticated by the signatures of the members of the court.

101.11 - REPROOF

    (1)    A reproof may be given to an officer or warrant officer by–

    (a)    the Chief of the Defence Forces;

    (b)    a superior commander;

    (c)    a commanding officer; and

    (d)    any other service authorities which the Chief of the Defence Forces may prescribe or appoint for that purpose.

    (2) A reproof shall be reserved for conduct which although reprehensible is not of sufficiently serious nature in the opinion of the officer administering the reproof to warrant being made the subject of a charge and brought to trial. A reproof is not a punishment and shall not be referred to as such.

    (3) A reproof shall not be entered on a conduct sheet but a record of it shall be made and maintained among the service records of the officer or warrant officer concerned for a period of twelve months from the date of the reproof. Immediately upon the expiry of the twelve-month period the record of the reproof shall be destroyed.

    (4) Conduct for which a reproof has been administered should not subsequently form the subject of a charge.

101.12 - WARNING OF PERSONS IN CUSTODY OR SUSPECTED OF HAVING COMMITTED AN OFFENCE

    (1) When endeavouring to discover the author of a crime there is no objection to an investigator putting questions in respect of it to any person or persons, whether suspected or not, from whom he thinks useful information can be obtained.

    (2) When a charge has been laid against an accused a caution in the following form should be administered before any statement is taken from him:

        "You are not obliged to say anything. You have nothing to fear from any threat and you have nothing to hope from any promise whether or not you do say anything, but anything you say may be taken down in writing and may be used as evidence. Do you fully understand this warning?"

    (3) When no specific charge has been laid against a person but it is suspected that he may be implicated in an offence, or if the person is held in custody on a charge and is being reinterrogated, the following form of caution should be used before a statement is taken from that person:

        "Before you say anything relating to any charge which has or may be preferred against you, you are advised that you are not obliged to say anything, but anything you say may be taken down in writing and may be used as evidence. Do you fully understand this warning?"

    (4) A statement made by a person in custody, or being interrogated under paragraph (1) of this subregulation, before there is time to caution him is not rendered valueless merely because no caution was given, but in such a case he should be cautioned as soon as possible so that he is clearly made aware of his position before making further statements.

    (5) When two or more persons are charged with the same offence and statements are taken separately from the persons charged, the investigator should not read these statements to the other person charged but each of such persons should be furnished by the investigator with a copy of the statements and nothing should be said and done by the investigator to invite a reply.

        If the person charged desires to make a statement in reply the usual caution should be administered.

    (6) A person in custody making a voluntary statement should not be cross-examined but this does not preclude the putting of questions to remove ambiguity or to clear up points in his statement, or to indicate other aspects of the matter which the person in custody may wish to include in his statement.

    (7) Statements made by persons accused of an offence should be reduced to writing in the exact words of the accused while they are being made or as soon thereafter as is practicable and the statement should be signed by the accused in the presence of one or more witnesses.

NOTES

    (A)    The provisions of this subregulation are intended as a guide only and the fact that a caution has or has not been administered in accordance therewith will not of itself render the confession admissible or inadmissible in evidence. For the purpose of admissibility in evidence it will always be a question of fact as to whether any confession was freely and voluntarily made.

    (B)    Oral and written statements by an accused may be admissible in evidence and if they are admitted it is the exact words of the accused which are of importance. Writing them down and having them signed serves to avoid argument as to what the accused actually did say, but those words reported by a witness who can testify to them and satisfy a court as to the reliability of his memory and of his reports as to them, are just as receivable in evidence as if they were in writing.

(101.13 TO 101.99 INCLUSIVE: NOT ALLOCATED)

REGULATION 102
DISCIPLINARY JURISDICTION

(Refer carefully to the Definitions when reading this Regulation)

RULE 1 - JURISDICTION - PERSONS

102.01 - PERSONS SUBJECT TO THE CODE OF SERVICE DISCIPLINE

    Section C. 2 of the Code of Service Discipline provides in part–

        "C. 2. (1) Subject to the provisions of this section, the following persons, and no others, are subject to the Code of Service Discipline–

        (a)    an officer or man of the Regular Force;

        (b)    an officer or man of the Regular Reserve or of the Volunteer Reserve who is–

            (i)    mobilised pursuant to section 41 of the Act;

            (ii)    called out for continuing full-time service with any of the Defence Forces pursuant to section 42 or 43 of the Act or serving, pursuant to either section, with any unit or other element of the Defence Forces;

            (iii)    called out pursuant to section 21 of the Act in aid of the civil power;

            (iv)    employed pursuant to section 23 of the Act in rendering assistance to the civil authorities;

            (v)    undergoing drill or training, whether in uniform or not, including both camp training and local training;

            (vi)    in uniform;

            (vii)    on duty;

            (viii)    present, whether in uniform or not, at any drill or training of a unit or element of the Defence Forces; or

            (ix)    in or on any vessel, vehicle or aircraft of the Defence Forces, or in or upon any defence establishment or work of defence, except where his presence is on account of his civil employment;

        (c)    a member of the Police Force, a Prisons Service or the National Service (including the National Services Reserve) mobilised pursuant to section 92 of the Act;

        (d)    save as may be provided in Defence Forces Regulations, a person who is seconded or attached as an officer or man to the Defence Forces;

        (e)    a person (other than any person mentioned in the foregoing provisions of this subsection) who is serving in the position of an officer or man in any force raised and maintained outside Tanzania by the President and commanded by an officer of the Defence Forces;

        (f)    a person (other than a person mentioned in the preceding provisions of this subsection) who accompanies any unit or other element of the Defence Forces on service in any place;

        (g)    a person (other than any person mentioned in the foregoing provisions of this subsection) who, in respect of any service offence committed or alleged to have been committed by him, is in civil custody or service custody; and

        (h)    a person (other than any person mentioned in the preceding provisions of this subsection) who is serving with the Defence Forces under an engagement whereby he agreed to be subject to this Code.".

102.02 - PERSONS ACCOMPANYING DEFENCE FORCES

    (1) Section C. 2 of the Code of Service Discipline provides in part:

        "C. 2. (2) For the purposes of this section but subject to any limitation prescribed in Defence Forces Regulations a person accompanies a unit or other element of the Defence Forces that is on service if that person–

        (a)    participates with the unit or other element in the carrying out of any of its movements, manoeuvres, duties in aid of the civil power, duties in a disaster or warlike operations;

        (b)    is accommodated or provided with rations, at his own expense or otherwise, by that unit or other element in any country or at any place designated by the President;

        (c)    is a dependant of an officer or man serving out of Tanzania with that unit or other element and accompanies that officer or man when so serving; or

        (d)    is embarked on a vessel or aircraft of that unit or other element.

        (3) A person mentioned in paragraph (f) of subsection (1) who, while accompanying a unit or other element of the Defence Forces, is alleged to have committed a service offence, shall for the purposes of this Code be treated as if he were a man in the rank of private unless he holds from the commanding officer of the unit or other element of the Defence Forces that he so accompanies, or from any other officer prescribed by Defence Forces Regulations, a certificate revocable at the pleasure of the officer who issued it or of any other officer of equal or higher rank, entitling that person to be treated on the footing of an officer of a particular rank, in which case he shall be treated as an officer of that rank in respect of any offence alleged to have been committed by him while holding that certificate.".

    (2) The Chief of the Defence Forces is designated for the purpose of issuing certificates pursuant to subsection (3) of section C. 2 of the Code of Service Discipline.

    (3) For the purposes of paragraph (b) of subsection (2) of section C. 2 of the Code of Service Discipline, any country except Tanzania, in which any unit or other element of the Defence Forces is on service or active service is designated as a country in which a person accompanies a unit or other element of the Defence Forces.

102.03 - PERSONS UNDER ENGAGEMENT

    Section C. 2 of the Code of Service Discipline provides in part–

        "C. 2. (4) Every person mentioned in paragraph (h) of subsection (1) who, while serving with a unit or other element of the Defence Forces under an engagement, is alleged to have committed a service offence shall for the purposes of this Code be treated as a man in the rank of private unless by the terms of his engagement he is entitled to be treated as if he were an officer or man of higher rank, in which case he shall be treated in accordance with the rank prescribed in his engagement.".

102.04 - COMMANDING OFFICER IN RELATION TO CERTAIN PERSONS

    Section C. 2 of the Code of Service Discipline provides in part–

        "C. 2. (5) For the purposes of this Code, the "commanding Officer" in relation to any person mentioned in subsection (3) or (4) means the commanding officer of the unit or attachment of the Defence Forces that that person accompanies or in which that person is serving as the case may be.".

102.05 - OFFICERS AND MEN TO BE DEALT WITH BY OWN COMPONENT IN CERTAIN CASES

    (1) An officer or man who is subject to the Code by virtue of paragraph (c) of subsection (1) of section C. 2 of the Code who is alleged to have committed a service offence, shall be tried and dealt with only within the Force to which he belongs unless he has been attached or seconded to either the Regular Force or the Volunteer Reserve.

    (2) An officer or man of the Regular Force, the Regular Reserve or the Volunteer Reserve who is alleged to have committed a service offence, shall not be tried and dealt with by a Force referred to in paragraph (c) of subsection (1) of section C. 2 of the Code of Service Discipline unless the officer or man concerned has been attached or seconded to the Force at which disciplinary proceedings against him are contemplated.

    (3) In any case referred to in paragraph (1) or (2) of this subregulation notwithstanding that the officer or man concerned has been so attached or seconded, the commanding officer of the unit at which disciplinary proceedings are being contemplated before initiating disciplinary action, should, where practicable and if the discipline of the unit will not be prejudiced, cause the matter to be referred to an officer of the Force to which the officer or man belongs with a view to ascertaining whether or not that Force wishes to deal with the case, and, when it so wishes, the commanding officer should, unless other circumstances intervene, take steps to deliver the officer or man to that Force.

102.06 - CONTINUING LIABILITY UNDER THE CODE AFTER CEASING TO BE SUBJECT TO IT

    Section C. 3 of the Code of Service Discipline provides:

        "C. 3. (1) A person who was subject to the Code, in accordance with section C. 2, at a time when he committed or when he is alleged to have committed a service offence, continues to be liable to be arrested and tried under this Code during the period in which in accordance with section C. 6 of this Code, that offence is triable by a service tribunal notwithstanding that he has since that time ceased to be subject to this Code; and, subject to any modifications hereinafter contained, that person may, if he is arrested and his trial begins within that period, be arrested, kept in custody, charged, tried, punished and otherwise dealt with for that offence in accordance with this Code as if he were a person subject to this Code.

        (2) A person to whom this section refers shall, for the purposes of the Code, be deemed to have the status and the rank which he held immediately before he last ceased to be a person subject to the Code.".

102.07 - WOMEN

    (1) Subsection (6) of section C. 2 of the Code of Service Discipline provides:

        "(6) The Code of Service Discipline, in its application to female persons may be limited or modified by Defence Forces Regulations.".

    (2) Attention is directed to the following articles:

    (a)    Subregulation 104.08 (2) (Detention);

    (b)    Subregulation 105.08 (3) (Search of Females);

    (c)    Article 105.27 (Special Conditions of Close Custody of Women).

(102.08 TO 102.14 INCLUSIVE: NOT ALLOCATED)

RULE 2 - JURISDICTION - BARRED

102.15 - PREVIOUS ACQUITTAL OR CONVICTION OR OTHER OFFENCES TAKEN INTO CONSIDERATION

    Section C. 8 of the Code of Service Discipline provides:

        "C. 8. (1) Every person in respect of whom a charge of having committed a service offence has been dismissed or who has been found guilty or not guilty, either by a service tribunal or a civil court on a charge of having committed that offence, shall not be tried again by a service tribunal under this Code in respect of that offence or any other offence of which he might have been found guilty on that charge by a service tribunal or a civil court.

        (2) Nothing in subsection (1) applies to any proceedings quashed when a new trial is ordered, directed or authorized under section C. 129, C. 147 or C. 156 of this Code, or affects the validity of any new trial.

        (3) Every person who under section C. 117 of this Code has been sentenced in respect of a service offence admitted by him shall not be tried by a service tribunal under this Code in respect of that offence.".

102.16 - ACCUSED INSANE AT TRIAL

    (1) Section C. 120 of the Code of Service Discipline provides:

        "C. 120. (1) Where at any time after a trial by court-martial commences and before the finding of the court-martial is made, it appears that there is sufficient reason to doubt whether the accused person is then, on account of insanity, capable of conducting his defence, an issue shall be tried and decided by that court-martial as to whether the accused person is or is not then, on account of insanity unfit to stand or continue his trial.

        (2) Where the decision of a court-martial on an issue mentioned in subsection (1) is that the accused person is not then unfit to stand or continue his trial, the court-martial shall proceed to try that person as if no such issue had been tried.

        (3) When the decision of a court-martial held in Tanzania is that the accused person is unfit to stand or continue his trial on account of insanity, the court-martial shall order the accused person to be kept in strict custody, and he shall be kept in strict custody until the directions of the Minister for the time being responsible for legal affairs have been obtained, and such Minister may make an order for the safe custody of such person as if the same decision had been made in respect of him by a civil court in Tanzania.

        (4) Where the decision of a court-martial held out of Tanzania is that the accused person is unfit to stand or continue his trial on account of insanity, the court-martial shall order that person to be kept in strict custody and he shall be transferred as soon as conveniently may be, to Tanzania and upon transfer he shall be kept in custody until the directions of the Minister have been obtained, and the Minister may make an order for the safe custody of that person as if the same decision had been made in respect of him by a civil in Tanzania.

        (5) No decision of a court-martial that an accused person is unfit to stand or continue his trial by reason of insanity prevents that person being afterwards tried in respect of the offence or of any other offence of which he might have been found guilty on the same charge; and the period during which he is unfit to stand or continue his trial by reason of insanity shall not be taken into account in applying to him in respect of that offence the provisions of section C. 6 of this Code.".

    (2) If the court finds that the accused is insane at the trial, it shall notify the convening authority to that effect and the convening authority shall comply with paragraph (1) of this subsection.

102.17 - CIVILIANS NOT LIABLE TO SUMMARY TRIALS

    A civilian subject to the Code of Service Discipline, shall, in respect of the alleged commission by him of a service offence, be liable to trial only by court-martial.

RULE 3 - JURISDICTION - PLACE

102.18 - PLACE OF COMMISSION OF THE OFFENCE

    Section C. 4 of the Code of Service Discipline provides:

        "C. 4 Subject to section C. 7 of this Code, every person alleged to have committed a service offence may be charged, dealt with and tried under this Code, whether the alleged offence was committed in Tanzania or out of Tanzania.".

102.19 - PLACE OF TRIAL

    Section C. 5 of the Code of Service Discipline provides:

        "C. 5 Every person alleged to have committed a service offence may be charged, dealt with and tried under this Code either in Tanzania or out of Tanzania.".

RULE 4 - JURISDICTION - TIME

102.20 - PERIOD OF LIABILITY UNDER CODE OF SERVICE DISCIPLINE

    Section C. 6 of the Code of Service Discipline provides:

        "C. 6. (1) Subject to the provisions of this section, no person is liable to be tried by a service tribunal unless his trial begins before the expiration of a period of three years from the day upon which the service offence was alleged to have been committed.

        (2) Every person subject to the Code of Service Discipline at the time of the alleged commission by him of a service offence included in section C. 16, C. 17, C. 24 or C. 26 of the Code, or any service offence for which the highest punishment that may be imposed in death, continues to be liable to be charged, dealt with and tried by a service tribunal at any time under this Code.

        (3) In calculating the period of limitation referred to in subsection (1) there shall not be included–

        (a)    any time during which a person was a prisoner of war;

        (b)    any period of absence in respect of which a person has been found guilty by a service tribunal of desertion or absence without leave; and

        (c)    any time during which a person was serving a sentence of imprisonment imposed by any court other than a service tribunal.".

RULE 5 - JURISDICTION - CERTAIN OFFENCES

102.21 - MURDER, TREASON, ETC.

    Section C. 7 of the Code of Service Discipline provides:

        "C. 7. (1) A person shall not be charged with, or tried by a service tribunal for, an offence against section C. 65 of this Code committed in Tanzania if the corresponding civil offence is murder, treason, treason-felony, manslaughter, rape or a schedule offence (within the meaning of the Minimum Sentences Act *.

        (2) For the purpose of subsection (1), the offence of murder or manslaughter shall be deemed to have been committed at the place of the commission of the act or the occurrence of the neglect which caused the death, irrespective of the place of death.".

RULE 6 - JURISDICTION OF CIVIL COURTS

102.22 - TRIAL OF OFFICERS AND MEN BY CIVIL COURTS

    (1) Section 74 of the National Defence Act * provides:

        "74. (1) Subject to subsection (3), nothing in this Act restricts the offences for which persons may be tried by any court or affects the jurisdiction of any civil court to try a person subject to the Code of Service Discipline.

        (2) Where a person is tried by a civil court for an offence, and he has previously been sentenced by a service tribunal for any act or omission constituting (whether wholly or in part) that offence, the provisions of section 48 of the Interpretation of Laws Act * or of section 21 of the Penal Code * shall not apply, but the civil court shall, in awarding punishment, have regard to any punishment imposed by the service tribunal and may pass a sentence of imprisonment to have effect retrospectively from a date which would take into account any period during which the person was incarcerated pursuant to the sentence of the service tribunal.

        (3) A civil court has no jurisdiction to try any person for a service offence.".

    (2) Section 76 of the National Defence Act * provides:

        "76. Where an offence under this Act is committed outside Tanzania by a person subject to the Code of Service Discipline, any civil court in Tanzania that would have jurisdiction to try the offender for that offence or for the corresponding civil offence if the same had been committed within the territorial jurisdiction of that court may try the offender for that offence or for the corresponding civil offence.".

NOTES

    (A)    Where a civil court that tries a serviceman in the circumstances set out in subsection (2) of section 74 of the National Defence Act * either acquits or convicts the serviceman of the offence, the appropriate service authorities shall take action to remit as of the date of acquittal or conviction the unexpired portion of any punishment of imprisonment or detention imposed by the service tribunal.

(102.23 TO 102.99 INCLUSIVE: NOT ALLOCATED)

REGULATION 103
SERVICE OFFENCES

(Refer carefully to the Definitions when reading this Regulation)

RULE 1 - GENERAL PRINCIPLES CONCERNING RESPONSIBILITY FOR OFFENCES

103.01 - RESPONSIBILITY FOR OFFENCES

    Section C. 10 of the Code of Service Discipline provides:

        "C. 10. (1) Every person is a party to, and guilty of, an offence who–

        (a)    actually commits it;

        (b)    does or omits an act for the purpose of aiding any person to commit the offence;

        (c)    abets any person in the commission of the offence; or

        (d)    counsels or procures any person to commit the offence.

        (2) Every person who, having an intent to commit an offence, does or omits an act for the purpose of accomplishing his object is guilty of an attempt to commit the offence intended whether under the circumstances it was possible to commit that offence or not.

        (3) A person charged before a service tribunal with attempting to commit an offence may be convicted on that charge notwithstanding that it is proved that he actually committed the substantive offence.

        (4) When two or more persons form a common intention to prosecute an unlawful purpose in conjunction with one another, and in the prosecution of that purpose an offence is committed of such a nature that its commission was a probable consequence of the prosecution of the purpose each of them is deemed to have committed the offence.".

NOTES

    (A)    A person who, while subject to the Code of Service Discipline, aids, abets, counsels, or procures another to commit a service offence, is guilty of committing that offence himself, whether or not he is present when the offence is committed and may be charged with having committed that offence or under section C. 64 of the Code of Service Discipline (Conduct to the Prejudice of Good Order and Discipline).

    (B)    Aiding or abetting the commission of an offence involves actual participation or assistance. Mere knowledge of another's intentions or plans to commit an offence, or mere standing by while the offence is being committed, is not enough to make a person guilty of that particular offence; but this does not exclude the possibility that that person may have committed a different offence by having failed to take preventive measures.

    (C)    One who supplies the means for the commission of an offence, knowing of its intended use, is guilty of the offence if it is committed.

    (D)    Assistance given after the commission of an offence does not make the person assisting guilty of the offence, if he is not shown to have been associated previously in the commission of the offence; but if the assistance is rendered while some act is being done which enters into the offence, although the offence might be complete without it (e.g. taking away and concealing the proceeds of a theft) it may amount to aid rendered in the actual commission of the offence.

    (E)    Section C. 10(1) of the Code of Service Discipline contemplates an offence actually committed by someone. It therefore follows that where no offence is committed by anyone, a person is not rendered liable as a principal merely because he has counselled another to commit an offence, but he may thereby have committed an offence under section C. 64 (Conduct to the Prejudice of Good Order and Discipline.)

    (F)    The statement in a charge of an offence against one who aids, abets, counsels, or procures should be in the form prescribed for the offence committed by the actual perpetrator or, when laid under section 113 in the statement offence prescribed in subregulation 103.60. The fact of aiding, abetting, counselling or procuring should be stated in the particulars of the offence.

    (G)    There are three essential elements of an attempt–

        (i)    an intent to commit the offence;

        (ii)    an act or omission towards the commission of the offence. An intent alone is not sufficient if nothing is done to carry in into effect. A distinction must, however, be drawn between acts or omissions towards the commission of an offence and those which are mere preparation. It is not possible to draw a clear line of distinction but, in general, preparation consists in devising or arranging the means for the commission of an offence while, on the other hand, an act or omission sufficient to support a charge of attempting must involve a direct movement towards the commission of an offence after the preparations have been made. For example, a person, having an intent to set fire to a building, might purchase matches for the purpose. The purchase would merely be a stage in his preparations and not such an act as to justify a charge of attempting. An example of an act justifying a change of attempting would be the application of a lighted match to the building;

        (iii)    non-completion of the offence. If any doubt exists as to the completion of the offence he should be charged with having committed the offence.

    (H)    An offence against this section is an act, conduct, disorder or neglect to the prejudice of good order and discipline and where it is not practical to charge the offender as a principal he should be charged under section C. 64 of the Code of Service Discipline.

    (I)    Intent, which is normally an ingredient of crime, is not capable of positive proof; it can only be inferred from overt acts. The inference that can be drawn from proved overt acts creates difficulty. As a proposition of ordinary good sense it can be stated that a man is usually able to foresee what are the natural consequences of his acts, so it is, as a rule, reasonable to infer that he did foresee them and intend them. But while there is an inference that may be drawn, it is not one which must be drawn. If on all facts of the case it is not the correct inference then it should not be drawn.

SPECIMEN CHARGES

Section C. 54(b) Code of Service Discipline

IMPROPERLY ACCEPTED CONSIDERATION IN RESPECT OF THE PERFORMANCE OF A MILITARY DUTY

    Particulars: In that he, on ............................ (date) at ............................................................................ (indicate place of offence), counselled .............................................................................................. (number, rank, name) of (unit), to accept a gratuity of one hundred shillings from the firm of ............................................................... (name), in respect of the said ............................................................................... (rank and name), carrying out his military duty of patrolling the premises of the said ............................................................................. (name of firm), and the said (rank and name) accepted such gratuity.

103.02 - IGNORANCE OF LAW NO EXCUSE

    Section C. 79 of the Code of Service Discipline provides:

        "C. 79. The fact that a person is ignorant of the provisions of this Act, or of any regulations or of any order or instruction duly notified under this Act, is no excuse for any offence committed by him.".

NOTES

    (A)    Section C. 79 of the Code of Service Discipline relates only to ignorance of the law and not to mistakes of fact; for example, it would be no excuse for a recruiting officer charged with enrolling a person who is under age to state that he was unfamiliar with the appropriate regulation, but it would be a defence if he could show that he had reasonable cause to believe that the recruit had in fact attained the age prescribed in regulations.

103.03 - CIVIL DEFENCES AVAILABLE TO ACCUSED

    (1) Section C. 80 of the Code of Service Discipline provides:

        "C. 80. All rules and principles from time to time followed in civil courts in criminal proceedings that would render any circumstance a justification or excuse for any act or omission or a defence to any charge, shall be applicable to a charge under this Code except insofar as such rules and principles are altered by or are inconsistent with this Act.".

    (2) The condonation of an act or omission on any ground, whether by superior authority or otherwise, shall not be a justification, excuse or defence for the act or omission.

NOTES

    (A)    The grounds of justification, excuse or defence most likely to be relied on under this section are: Intoxication, compulsion, self-defence and the defence of property. The defence of insanity is dealt with in section C. 81 of the Code.

    INTOXICATION

    (B)    Intoxication is no defence unless the person charged did not know what he was doing and–

        (i)    the state of intoxication was caused without his consent by the malicious or negligent act of another; or

        (ii)    the person charged was by reason of intoxication insane, temporarily or otherwise, at the time of the act or omission. (See section 14 of the Penal Code *.)

    (C)    Intoxication shall be taken into account for the purpose of determining whether the person charged had formed any intention, specific or otherwise, however, that intent will not be negatived if the evidence does not prove the accused was incapable of forming the necessary intent but which merely establishes that his mind was so affected by drink that he more readily gave way to some violent passion.

    COMPULSION

    (D)    A person charged with having committed an offence may raise compulsion as justification excuse or defence if all of the following conditions were present–

        (i)    the offence was committed by two or more offenders; and

        (ii)    if the act is done or omitted only because during the whole of the time in which it is being done or omitted the person is compelled to do or omit the act by threats on the part of the other offender or offenders instantly to kill him or do him grievous bodily harm if he refuses. Threats of future injury do not excuse any offence.

    SELF-DEFENCE AND DEFENCE OF PROPERTY

    (E)    The law as contained in section 18 of the Penal Code * is that criminal responsibility for the use of force in the defence of person or property shall be determined according to the principles of English law.

    (F)    In defence of person it is necessary that no more force than is reasonably necessary be used; for example it would not be a good defence if a person shot an unarmed assailant whom he could have restrained by less violent means. In addition, once the assailant has been overcome or has evidenced a desire to cease his attack, any further punishment of the assailant by way of revenge will not be justified by his prior assault.

103.04 - INSANITY AS A DEFENCE

    Section C. 81 of the Code of Service Discipline provides:

        "C. 81. (1) A person is not criminally responsible for an act or omission if at the time of doing the act or making the omission he is, through any disease affecting his mind, incapable of understanding what he is doing or of knowing that he ought not to do the act or make the omission.

        (2) A person may be criminally responsible for an act or omission although his mind is affected by disease, if the disease does not in fact produce upon his mind one or other of the effects mentioned in subsection (1) in reference to that act or omission.

        (3) In respect of a person labouring under specific delusions but in other respects sane, subsection (1) shall not apply unless the decisions caused him to believe in the existence of some state of things which, if it existed would justify or excuse his act or omission.

        (4) Every person is presumed to be of sound mind, and to have been of sound mind at any time which comes in question, until the contrary is proved.".

NOTES

    (A)    In order to establish the defence of insanity, it is necessary to show either an incapacity to appreciate the nature and quality of the act or omission, or want of knowledge that the act or omission was wrong.

    (B)    The words "nature and quality" refer solely to the physical character of the act or omission and do not in themselves distinguish between the physical and moral aspects. Holding a child or other person under the water not knowing that such act was dangerous would be an example of not appreciating the "nature and quality" of the act.

    (C)    As to whether the accused knew that the act or omission was wrong, the test to be applied is the ordinary standard of right and wrong adopted by reasonable men.

    (D)    In order that insanity may be relied upon as a defence, it must be shown to have existed at the time of the commission of the offence, but need not be of a permanent nature.

    (E)    With respect to specific delusions if for example under the influence of his delusion a person supposes another person to be in the act of attempting to take away his life, and he kills that person, as he supposes in self-defence he would be exempted from punishment. If his delusion was that the deceased had inflicted a serious injury to his character and fortune, and he killed him in revenge for such supposed injury, he would be liable to punishment.

    (F)    If the accused person sets up a defence of insanity, the burden is on him to establish it. It is not sufficient that he should merely raise a doubt as to his sanity but, on the contrary, he must prove to the satisfaction of the service tribunal that he was insane, although he need not prove his insanity beyond a reasonable doubt.

RULE 2 - SERVICE OFFENCES

103.05 - INTRODUCTION

    (1) When it is desired to refer to an enactment that creates a particular offence, the number of the relevant section of the Code of Service Discipline should be cited and not the number of the subregulation in DF Regulations in which that section is quoted.

    (2) When it is required in proceedings under the Code of Service Discipline that offences be stated, the forms of statement of offence, contained in paragraph (2) of the next following subregulation, should be used as appropriate.

103.06 - OFFENCES BY COMMANDERS WHEN IN ACTION

    (1) Section C. 11 of the Code of Service Discipline provides:

        "C. 11. Every serviceman being an officer in command of a vessel, aircraft, defence establishment, formation, unit or other element of the Defence Forces who–

        (a)    when under orders to carry out an operation of war on coming into contact with an enemy that it is his duty to engage, does not use his utmost exertion to bring the officers and men under his command or his vessel, aircraft or other materiel into action;

        (b)    being in action does not, during the action in his own person and according to his rank, encourage his officers and men to fight courageously;

        (c)    when capable of making a successful defence, surrenders his vessel, aircraft, defence establishment, materiel, formation, unit or other element of the Defence Forces to the enemy;

        (d)    being in action, improperly withdraws from the action;

        (e)    improperly fails to pursue an enemy or to consolidate a position gained;

        (f)    improperly fails to relieve or assist a known friendly force to the utmost of his power; or

        (g)    when in action, improperly forsakes his station,

    commits an offence and upon conviction, if he acted traitorously, shall suffer death, if he acted from cowardice is liable to suffer death or less punishment, and in any other case is liable to dismissal with disgrace from the Defence Forces or to less punishment.

    (2) The statement of the offence in a charge under section C. 11 should be in one of the following forms:

NOTES

    (A)    A charge should not be laid under paragraph (d), (e), (f) or (g) if the "improper" conduct amounted merely to an error in judgment or incorrect action. The element of dereliction of duty must have been present.

    (B)    The word "traitorously" signifies that the person accused has been false in his allegiance to the United Republic.

    (C)    The word "cowardice" signifies that the person accused acted in an ignoble manner from fear.

    (D)    The particulars of every charge under this section must indicate the identity of the vessel, aircraft, defence establishment, formation, unit or other element of which the accused was in command and, where applicable, the particulars must show circumstances which indicate traitorous or cowardly conduct.

SPECIMEN CHARGES

Section C. 11(a) Code of Service Discipline

WHILE IN COMMAND OF A PLATOON OF THE DEFENCE FORCES, ON COMING INTO CONTACT WITH AN ENEMY THAT IT WAS HIS DUTY TO ENGAGE, DID NOT USE HIS UTMOST EXERTION TO BRING HIS PLATOON INTO ACTION

    Particulars: In that he, on ............................... (date), at .................................................. (place) while in command of number four platoon of the – Battalion, Tanzania Peoples' Defence Forces, having come into contact with enemy personnel manning a road block at cross roads ...................... (map reference) that it was his duty to engage did order his troops to dig-in and stay concealed until they could withdraw under cover of darkness.

Section C. 11(b) Code of Service Discipline

TRAITOROUSLY, WHILE IN COMMAND OF A UNIT OF THE DEFENCE FORCES, BEING IN ACTION, DID NOT DURING THE ACTION, IN HIS OWN PERSON AND ACCORDING TO HIS RANK, ENCOURAGE HIS OFFICERS AND MEN TO FIGHT COURAGEOUSLY

    Particulars: In that he, on ............................... (date), at ..................................................... (indicate place of offence), while in command of ..................................................... (unit) being in action, took cover in a ditch while his unit was advancing, at the same time calling to his officers and men to do likewise, with intent to thereby assist the enemy.

Section C. 11(c) Code of Service Discipline

FROM COWARDICE, WHILE IN COMMAND OF A DEFENCE ESTABLISHMENT OF THE DEFENCE FORCES, WHEN CAPABLE OF MAKING A SUCCESSFUL DEFENCE, SURRENDERED HIS DEFENCE ESTABLISHMENT TO THE ENEMY

    Particulars: In that he, on ............................... (date), at .................................................... (indicate place of offence), while in command of the Department of National Defence power-house situated there, although capable of making a successful defence of the said power-house, because of fear of personal danger surrendered it to the enemy.

Section C. 11(d) Code of Service Discipline

TRAITOROUSLY, WHILE IN COMMAND OF A UNIT OF THE DEFENCE FORCES, IMPROPERLY FAILED TO ASSIST A KNOWN FRIEND TO THE UTMOST OF HIS POWER

    Particulars: In that he, on ............................... (date), at .................................................... (indicate place of offence) while in command of ......................................................... (unit), knowing that ................................................................. (description of unit, etc., requiring assistance) required assistance in order to repel an attack then being made upon it by the enemy, without due cause failed to provide any such assistance, with the intent to thereby assist the enemy.

Section C. 11(g) Code of Service Discipline

FROM COWARDICE, WHILE IN COMMAND OF A DEFENCE ESTABLISHMENT OF THE DEFENCE FORCES WHEN IN ACTION IMPROPERLY FORSOOK HIS STATION

    Particulars: In that he, on .............................. (date), at .................................................. (indicate place of offence), while in command of – Repair Depot, being in action against the enemy relinquished his command in the pretext of being unwell and sought shelter in a stone building of the defence establishment.

103.07 - OFFENCES BY ANY SERVICEMAN IN PRESENCE OF ENEMY

    (1) Section C. 12 of the Code of Service Discipline provides:

    "C. 12 (1) Every serviceman who–

        (a)    improperly delays or discourages any in the action against the enemy;

        (b)    goes over to the enemy;

        (c)    when ordered to carry out an operation of war, fails to use his utmost exertion to carry the orders into effect;

        (d)    improperly abandons or delivers up any defence establishment, garrison, place, materiel, post or guard;

        (e)    assists the enemy with materiel;

        (f)    harbours or protects an enemy not being a prisoner of war;

        (g)    improperly casts away or abandons any materiel in the presence of the enemy;

        (h)    improperly does or omits to do anything that results in the capture by the enemy of persons or the capture or destruction by the enemy of materiel;

        (i)    when on watch in the presence or vicinity of the enemy, leaves his post before he is regularly relieved or sleeps or is drunk;

        (j)    behaves before the enemy in such manner as to show cowardice; or

        (k)    does or omits to do anything with intent to imperil the success of any of the Defence Forces of any forces co-operating with them,

    commits an offence and on conviction, if he acted traitorously shall suffer death, and in any other case, if the offence was committed in action, is liable to suffer death or less punishment or, if the offence was committed otherwise than in action, to imprisonment for life or to less punishment.

        (2) For the purpose of this paragraph serviceman shall be treated as being drunk if owing to the influence of alcohol or any drug, whether alone or in combination with any other circumstances, he is unfit to be entrusted with duty.

    (2) The statement of the offence in a charge under section C. 12 should be in one of the following forms:

NOTES

    (A)    A charge should not be laid under paragraphs (a), (d), (g) or (h) if the "improper" conduct amounted merely to an error in judgment or incorrect action. The element of dereliction of duty must have been present.

    (B)    The offence of abandoning or delivering up, prescribed in paragraph (d) can be committed only by the person in charge, whether temporarily or otherwise, of the defence establishment, garrison, place, materiel, post or guard, and not by a subordinate under his command.

    (C)    The word "cowardice" in paragraph (j) signifies that the person accused acted in an ignoble manner from fear.

    (D)    The word "traitorously" signifies that the person accused has been false in his allegiance to the United Republic.

    (E)    The word "intent" in paragraph (k) merely has the effect of imposing upon the prosecution a duty, more onerous than would otherwise be the case of proving that the accused did or omitted to do, the act in question deliberately. In the case of most offences however, although the word "intent" does not appear in the section prescribing them, intent is an essential element but it is inferred from the facts and circumstances established. There are some offences however, in which intent is not an essential element.

    (F)    Where applicable the particulars of a charge must show the circumstances which indicate traitorous or cowardly conduct.

SPECIMEN CHARGES

Section C. 12(1)(a) Code of Service Discipline

IMPROPERLY DISCOURAGED AN ACTION AGAINST THE ENEMY

    Particulars: In that he, on .............................. (date), at .................................................... (indicate place of offence), while bombing officer on Defence Forces ............................................ (type) aircraft ........................................ (number), knowing that a bombing attack was to be launched on the enemy, falsely represented to the captain of his aircraft that the bomb sight was defective, thereby persuading the captain to abstain from the proposed attack.

Section C. 12(1)(b) Code of Service Discipline

WHILE IN ACTION WENT OVER TO THE ENEMY

    Particulars: In that he, on ............................... (date), at .................................................. (position and altitude), while in action against enemy aircraft, without due cause, left his formation and landed at an enemy aerodrome.

Section C. 12(1)(c) Code of Service Discipline

WHEN ORDERED TO CARRY OUT AN OPERATION OF WAR, FAILED TO USE HIS UTMOST EXERTION TO CARRY THE ORDERS INTO EFFECT

    Particulars: In that he, on .............................. (date), at .................................................... (indicate place of offence), while in charge of Defence Forces recovery vehicle ................... (number), having been ordered by his commanding officer to prepare for an operation to recover four armoured personnel carriers, unnecessarily permitted delay in the repair of the said recovery vehicle.

Section C. 12(1)(d) Code of Service Discipline

IMPROPERLY ABANDONED MATERIEL

    Particulars: In that he, on .............................. (date), at .................................................... (indicate place of offence), while carrying a drum of ammunition forward, cast away the drum of ammunition into a roadside ditch.

Section C. 12(1)(e) Code of Service Discipline

TRAITOROUSLY ASSISTED THE ENEMY WITH MATERIEL

    Particulars: In that he, on .............................. (date), at .................................................... (indicate place of offence), misdirected vehicles bringing foodstuffs to the Defence Forces, so causing those vehicles and foodstuffs to fall into the hands of the enemy, as was his intent.

Section C. 12(1)(f) Code of Service Discipline

HARBOURED AN ENEMY NOT BEING A PRISONER OF WAR

    Particulars: In that he, on .............................. (date), at .................................................... (indicate place of offence), hid an enemy sniper in his vehicle thereby permitting such enemy sniper to avoid detection by a patrol sent out to capture him.

Section C. 12(1)(g) Code of Service Discipline

IMPROPERLY, WHILE IN ACTION, CAST AWAY MATERIEL IN THE PRESENCE OF THE ENEMY

    Particulars: In that he, on .............................. (date), at .................................................... (indicate place of offence), during an attack by the enemy, without due cause cast away his rifle.

Section C. 12(1)(h) Code of Service Discipline

IMPROPERLY OMITTED TO DO SOMETHING RESULTING IN THE DESTRUCTION BY THE ENEMY OF MATERIEL

    Particulars: In that he, on .............................. (date), at .................................................... (indicate place of offence), when the convoy of which he was in command harboured for the night, failed to take any measures to ensure the vehicles would not be seen from the air with the result the four 3-ton lorries of the Defence Forces were destroyed by enemy air attack.

Section C. 12(1)(i) Code of Service Discipline

WHEN ON WATCH IN THE VICINITY OF THE ENEMY, SLEPT

    Particulars: In that he, on .............................. (date), at .................................................... (indicate place of offence), when on watch in the vicinity of an enemy position, was asleep.

Section C. 12(1)(j) Code of Service Discipline

BEHAVED BEFORE THE ENEMY IN SUCH A MANNER AS TO SHOW COWARDICE

    Particulars: In that he, on .............................. (date), at .................................................... (indicate place of offence), during an attack on his unit by the enemy, threw away his rifle and ammunition and took cover in a cellar.

Section C. 12(1)(k) Code of Service Discipline

WHILE IN ACTION DID SOMETHING INTENDING TO IMPERIL THE SUCCESS OF FORCES CO-OPERATING WITH THE DEFENCE FORCES

    Particulars: In that he, on .............................. (date), at .................................................... (indicate place of offence), while in action against the enemy, caused a message to be sent to the commanding officer of ..................... (unit) a unit of .................................... (foreign force) stating that there was reason to believe a large-scale counter attack was imminent, knowing such was not the case and intending thereby to discourage the commanding officer of that unit from continuing to hold his position.

103.08 - OFFENCES RELATED TO SECURITY

    (1) Section C. 13 of the Code of Service Discipline provides:

        "C. 13. (1) Every serviceman who–

        (a)    improperly holds communication with or gives intelligence to the enemy;

        (b)    without authority discloses in any manner any information relating to the numbers, position, materiel, movements, preparations for movements, operations or preparations for operations of any of the Defence Forces or of any forces co-operating with them or prisoners of war;

        (c)    without authority discloses in any manner whatsoever any information relating to a cryptographic system, aid, process, procedure, publication or document of the Defence Forces or of any forces co-operating with them;

        (d)    makes known the parole, watchword, password, countersign or identification signal to any other person not entitled to receive it;

        (e)    gives a parole, watchword, password, countersign or identification signal different to that which he received;

        (f)    without authority alters or interferes with any identification or other signal;

        (g)    improperly occasions false alarms;

        (h)    when acting as a sentry or lookout, leaves his post before he is regularly relieved or sleeps or is drunk;

        (i)    forces a safeguard or forces or strikes a sentinel; or

        (j)    does or omits to do anything with intent to prejudice the security of any of the Defence Forces or of any forces co-operating with them,

    commits an offence and on conviction, if he acted traitorously, shall suffer death, and in any other case is liable to imprisonment or to less punishment.

        (2) For the purpose of this section a serviceman shall be treated as being drunk if owing to the influence of alcohol or any drug, whether alone or in combination with any circumstances, he is unfit to be entrusted with his duty.".

    (2) The statement of the offence in a charge under section C. 13 should be in one of the following forms:

NOTES

    (A)    A charge should not be laid under paragraph (a) or (g) if the "improper" conduct amounted merely to an error in judgment or incorrect action. The element of dereliction of duty must have been present.

    (B)    The expression "without authority" in paragraphs (b), (c) and (f) signifies that the accused acted or omitted to act with neither the approval of a competent superior nor the sanction of law, practice or custom. If the evidence adduced by the prosecution, taken by itself, tends to show the accused acted without authority, a service tribunal may convict unless the accused proves that he had authority.

    (C)    The word "safeguard" in paragraph (i) relates to a party detailed for the protection of some person or persons, or of a particular village house or other property. A single sentry posted from such a party is still part of the safeguard, and it is as much an offence to force him by breaking into the property under his special care as to force the whole party. A man posted solely to control traffic is not a "safeguard" within the meaning of this provision.

    (D)    The word "traitorously" signifies that the person accused has been false in his allegiance to the United Republic.

    (E)    The particulars of a charge must show the circumstances which indicate traitorous conduct.

SPECIMEN CHARGES

Section C. 13(1)(a) Code of Service Discipline

IMPROPERLY HELD COMMUNICATION WITH THE ENEMY

    Particulars: In that he, on .............................. (date), at .................................................... (indicate place of offence), without authority sent a messenger under a flag of truce to the enemy, proposing a cease-fire for Christmas Day.

Section C. 13(1)(b) Code of Service Discipline

TRAITOROUSLY DISCLOSED INFORMATION RELATING TO MOVEMENTS OF THE DEFENCE FORCES

    Particulars: In that he, on .............................. (date), at .................................................... (indicate place of offence), informed the second secretary of the Embassy that certain units of the Defence Forces were expected to sail from Dar es Salaam on the following day, with the intent that this information should be conveyed to an enemy power.

Section C. 13(1)(c) Code of Service Discipline

WITHOUT AUTHORITY DISCLOSED INFORMATION RELATING TO A CRYPTOGRAPHIC PROCESS OF THE DEFENCE FORCES

    Particulars: In that he, on .............................. (date), at .................................................... (indicate place of offence), made known to A.B., a civilian of that city, being used to encode communications between units of the Defence Forces.

Section C. 13(1)(d) Code of Service Discipline

MADE KNOWN THE PASSWORD TO A PERSON NOT ENTITLED TO RECEIVE IT

    Particulars: In that he, on .............................. (date), at .................................................... (indicate place of offence), made known to A.B., a civilian of that city, the password then required to be given to the guard by persons wishing to enter (unit or place), the said A.B., not being a person entitled to receive the password.

Section C. 13(1)(e) Code of Service Discipline

GAVE AN IDENTIFICATION SIGNAL DIFFERENT FROM THAT WHICH HE RECEIVED

    Particulars: In that he, on .............................. (date), at .................................................... (indicate place of offence), when being relieved of his duties as sentry at the main entrance to ................................. (unit or other place), gave to (number, rank and name) who relieved him a password different from that which he had received.

Section C. 13(1)(f) Code of Service Discipline

WITHOUT AUTHORITY ALTERED AN IDENTIFICATION SIGNAL

    Particulars: In that he, on .............................. (date), at .................................................... (indicate place of offence), without authority, altered the lights displayed as an identification signal by the leading vehicle in a motor convoy proceeding from ..................... (place) to ..................... (place).

Section C. 13(1)(g) Code of Service Discipline

IMPROPERLY OCCASIONED FALSE ALARMS

    Particulars: In that he, on .............................. (date), at .................................................... (indicate place of offence), without authority, despatched a message to .............................. (unit) stating that hostile aircraft were approaching that unit, and thus occasioned a false alarm there.

Section C. 13(1)(h) Code of Service Discipline

WHEN ACTING AS LOOKOUT WAS DRUNK

Particulars: In that he, on .............................. (date), at .................................................... (indicate place of offence), at .................... (time) house, when acting as lookout at ...................... (post), was drunk.

Section C. 13(1)(i) Code of Service Discipline

STRUCK A SENTINEL

    Particulars: In that he, on .............................. (date), at .................................................... (indicate place of offence), struck with his fist the face of ............................................................................... (number, rank, name) who at the time was acting as sentinel on ....................... (post).

103.09 - OFFENCES RELATING TO BEING TAKEN PRISONER

    (1) Section C. 14 of the Code of Service Discipline provides:

        "C. 14. Every serviceman who–

        (a)    by want of due precaution or through disobedience of orders or wilful neglect of duty, is made a prisoner of war;

        (b)    having been made a prisoner of war, fails to rejoin the Defence Forces when able to do so;

        (c)    having been made a prisoner of war, prevents or discourages any other member of the Defence Forces or of a force co-operating with them who has been made a prisoner of war from rejoining the Defence Forces or any co-operating force when that other member is able to do so; or

        (d)    having been made a prisoner of war, serves with or aids the enemy, commits an offence and on conviction, if he acted traitorously shall suffer death, and in any other case is liable to imprisonment for life or to less punishment.".

    (2) The statement of the offence in a charge under section C. 14 should be in one of the following forms: