CHAPTER 245
EXECUTIVE AGENCIES ACT

[SUBSIDIARY LEGISLATION]

INDEX TO SUBSIDIARY LEGISLATION

   ORDERS

      The Executive Agencies (Tanzania Civil Aviation Authority) (Establishment) Order

      The Executive Agencies (Tanzania Airports Authority) (Establishment) Order

      The Executive Agencies (Tanzania Meteorological Agency) (Establishment) Order

      The Executive Agencies (Government Chemist Laboratory) (Establishment) Order

   REGULATIONS

      The Executive Agencies (Personnel Management) Regulations

      The Executive Agencies (Conciliation and Arbitration) Regulations

      The Executive Agencies (Finance, Procurement and Stores) Regulations

   RULES

      The Executive Agencies (Ministerial Advisory Boards) Rules

ORDERS

THE EXECUTIVE AGENCIES (TANZANIA CIVIL AVIATION AUTHORITY) (ESTABLISHMENT) ORDER

(Section 3)

[26th March, 1999]

G.Ns. Nos.
135 of 1999
94 of 2000

1.   Citation

   This Order may be cited as the Executive Agencies (Tanzania Civil Aviation Authority) (Establishment) Order.

2.   Establishment of the TCAA

   (1) There is established the Tanzania Civil Aviation Authority as an Executive Agency in relation to the Department of Civil Aviation provided for under the Civil Aviation Act *.

   (2) The Tanzania Civil Aviation Authority shall have a logo in the manner and style indicated in paragraph 2.4 of the Framework document provided for under the Schedule to this Order.

3.   TCAA Framework Document Scheme

   The function, aims, objective, authority, performance standards and other matters relating to the Civil Aviation Authority shall be as specified in the Framework Document set out in the Schedule to this Order.

SCHEDULE

(Paragraph 3)

UNITED REPUBLIC OF TANZANIA MINISTRY OF COMMUNICATIONS AND TRANSPORT

THE TANZANIA CIVIL AVIATION AUTHORITY (TCAA)

FRAMEWORK DOCUMENTS

TABLE OF CONTENTS

   1.   Introduction

   2.   Status and Governance

      2.1   Status

      2.2   Governance

      2.3   Organisation

   3.   AIM, ROLE, OBJECTIVES AND PERFORMANCE CRITERIA

      3.1   Aim

      3.2   Role

      3.3   Objectives

      3.4   Performance Criteria

      3.4.1    Quality of Service

      3.4.2    Operational Efficiency

      3.4.3    Financial Performance

   4.   RESPONSIBILITIES

      4.1   The Role of the Minister

      4.2   Responsibilities of the Permanent Secretary

      4.3   Responsibilities of the Director-General

      4.4   Responsibilities of the Ministerial Advisory Board

   5.   ACCOUNTABILITY

      5.1   Accounting Officer Responsibilities

      5.2   Public Accounts Committee

      5.3   Parliamentary and Other Inquiries

   6.   FINANCE, PLANNING AND STRATEGIC CONTROL

      6.1   Funding

      6.2   Strategic and Business Plans

      6.2.1    Strategic Plan

      6.2.2    Business Plan

      6.3   Approval

      6.4   Annual Report and Accounts

      6.5   Financial Delegation

      6.6   Value for Money

      6.7   Internal Audit

      6.8   External Audit

      6.9   Budgetary Flexibilities

      6.9.1    Capital Expenditure

      6.9.2    Running Costs

      6.9.3    Assets and Liabilities

   7.   PERSONNEL

      7.1   Status and conditions of service

      7.2   Personnel Management

      7.3   Staff Complement

      7.4   Staff Relations

      7.5   Health and Safety

   8.   REVIEW AND PUBLICATION

      8.1   Review

      8.2   Publication

1.   Introduction

   The Directorate of Civil Aviation was formed in 1977 as a department of the Government responsible for the implementation of civil aviation policy through the development and enforcement of regulations, procedures and programmes essential for the maintenance of safety and efficiency in civil aviation services, which are necessary for the safe and efficient conduct of flight operations.

   The Directorate of Civil Aviation has now become an Executive Agency and has a new title "Tanzania Civil Aviation Authority" (TCAA). This document describes the framework within which the TCAA will operate as an Agency. It also sets out the responsibilities of those involved.

   The responsible Minister is the Minister for Communication and Transport. The head of TCAA will be the Director-General who will be responsible for the operation of the Agency and exercise statutory powers as vested in him under the following primary and subsidiary legislation.

   The Executive Agencies Act (Cap. 245).

   The Civil Aviation Act (Cap. 80).

   The Transfer and Delegation of Powers Act (Cap. 362).

   The Tanzania Licensing of Air Service Regulations, 1985 (G.N. No. 463 of 1986).

   The Tanzania Air Navigation Regulations (G.N. No. 170 of 1983).

   The Civil Aviation (Charges for Air Navigation Services) Regulations, 1985 (G.N. No. 461 of 1986).

   The Aerodrome (Licensing and Control) Act (Cap. 92).

   The Aerodrome Control Regulations (G.N. No. 71 of 1981).

   The Aerodrome Licensing Regulations (G.N. No. 125 of 1983).

   The Aerodrome (Landing and Parking Fees) Regulations (G.N. No. 57 of 1984).

   The Civil Aviation (Investigation of Accidents) Regulations (G.N. No. 171 of 1983).

   The Executive Agencies (Personnel Management) Regulations (G.N. No. 75 of 1999).

   The Executive Agencies (Conciliation and Arbitration) Regulations (G.N. No. 76 of 1999).

   The Executive Agencies (Finance, Procurement and Stores) Regulations (G.N. No. 77 of 1999).

   The Executive Agencies (Ministerial Advisory Board) Rules (G.N. No. 74 of 1999).

   Other notified publications e.g. Aeronautical Information Publication, Aeronautical Information Circulars, NOTAM, etc.

   As it is launched as an Agency, the TCAA employs some 470 staff throughout the country and in the financial year 1997/1998 had a gross budget of 3.0 bn. T.Shs.

2.   Status and governance

   2.1   Status

         With effect from the 26th day of March, 1999, the Order establishing the Tanzania Civil Aviation Authority as an Executive Agency of the Ministry of Communications and Transport in accordance with the Executive Agencies Act * came into force. It replaces the Directorate of Civil Aviation.

         The Tanzania Civil Aviation Authority has been established to achieve the following objectives:

      •   Improve the quality and value for money of the delivery of public service;

      •   Generate an environment conducive to efficient and effective management;

      •   Promote the potential for the continuous improvement of its services.

   2.2   Governance

         Tanzania Civil Aviation Authority will be managed by a Director-General appointed by the Minister of Communications and Transport for a term not exceeding 5 years. The Permanent Secretary will be responsible for policy and the strategic management of the TCAA. The Permanent Secretary will oversee the interests of the ministry and the government in general. The Advisory functions of the Civil Aviation Board will be transferred to the Ministerial Advisory Board (MAB), while the Executive functions of licensing of air services will be performed by the Director-General.

   2.3   Organisation

         The Director-General may make changes to the Organizational structure of TCAA as may be considered necessary to maintain and improve the efficiency and overall performance of the agency within the policy and resources from work set by the Permanent Secretary, and within the delegations outlined in the framework Document or as may be approved subsequently.

         At the time of launch, the Director-General will be assisted by Directors and support managers as outlined in the TCAA organogram below. The number and responsibilities of Directors may be reviewed periodically according to the business needs of the Agency. Together with the Director-General, the Directors, who will be appointed by the Director-General, will constitute Senior Management Team of the Agency.

ORGANISATIONAL STRUCTURE

   2.4   Logo

         This shall be the logo of the Tanzania Civil Aviation Authority whose impression shall be as shown hereunder:

3.   Aim, role, objectives and performance criteria

   3.1   Aim

      The aim of the TCAA shall be:

      To ensure safety and promote efficiency in the air transport system by performing effective regulatory functions and providing efficient, economic and technically up-to-date services to the highest applicable standards, and thus contribute to socio-economic development of the nation.

   3.2   Role

         The Role of the TCAA shall be:

         (a)   to give effect to the Chicago Convention and other International agreements relating to civil aviation;

         (b)   to provide for the control, regulation and orderly development of civil aviation;

         (c)   to implement the national civil aviation policy.

   3.3   Objectives

         In pursuit of the aim for which it have been established, the TCAA is assigned to achieve the following objectives:

         (a)   maintenance of an orderly air transport system in Tanzania;

         (b)   provision of a safe, orderly and expeditious air traffic control service;

         (c)   the maintenance of approved technical standards of aircraft;

         (d)   operation of aviation infrastructure;

         (e)   overseeing the competence of aeronautical personnel;

         (f)   ensurance of the integrity of the systems, equipment and facilities of the Agency;

         (g)   sustainability of services maintained by operating in a prudent and business like manner, adapting continuous improvement and quality management policies;

         (h)   production of accurate, timely, comprehensive and relevant air transport information for planning and decision making purposes.

   3.4   Performance criteria

         The Ministerial Advisory Board will regularly assess the performance of the TCAA. Assessments will be on the basis of Quarterly Performance Reports submitted by the Director-General to the Permanent Secretary and in that regard, particular attention will be paid to the following areas:

   3.4.1   Quality of service

      •   development of standards equal to or higher than ICAO standards and recommended practices;

      •   promoting and ensuring prescribed standards are maintained;

      •   in-house audit in the improvement of service and effective feedback system;

      •   achievement and maintenance of the service reliability standards of ICAO;

      •   maintenance of the ICAO minimum aircraft separation standards;

      •   reduction of the number of aircraft incidents;

      •   reduction in the number of infringements, of ICAO standards;

      •   timeliness, accuracy and comprehensiveness of information (as assessed through feedback from recipients).

   3.4.2   Operational efficiency

      •   prompt preparation and billing of charges due;

      •   use of best internal procedures for the issue of licences and certificates;

      •   effective application of management information system in all sectors of the Authority to raise productivity levels;

      •   improvement in the ratio of cost to revenue.

   3.4.3   Financial performance

      •   prompt collection of all revenue;

      •   timely and accurate production of financial reports;

      •   clean report from Auditors;

      •   effectiveness and transparency of the procurement and stock control systems.

4.   Responsibilities

   4.1   The Role of the Minister

         The Minister of Communications and Transport is ultimately responsible for determining the policy framework and the operational boundaries within which TCAA operates, and the financial resources that are to be made available to the Agency.

         The Minister shall be responsible for the general direction and control of the Agency and shall have the general responsibility of organizing, carrying out and encouraging measures for the development of sustainable civil aviation subsector. He will foster the promotion of safety and efficiency in the use of civil aircraft and for research into questions relating to civil aviation. He may for any of these purposes, give directions of general nature to the Director-General.

         The Minister is responsible for establishing the TCAA, appointing its Director-General and members of the Ministerial Advisory Board, and for ensuring that the Government and the public derives maximum benefit from the creation of the Agency.

         The Minister shall not be involved in the day to day management of TCAA. However the Director-General may consult the Minister on the handling of operational matters are likely to give rise to significant public or Parliamentary concern.

         The Minister shall retain the powers vested in him under the Civil Aviation Act * and the Regulations made under the Act.

   4.2   Responsibilities of the Permanent Secretary

         The Permanent Secretary, being as the principal accounting officer, has overall responsibility to the Minister of Communications and Transport on matters concerning voted funds, and is the principal policy advisor to the Ministry on civil aviation matters.

         The Permanent Secretary shall be responsible for the Strategic Management of the TCAA and for this purpose, will give directions to the Director-General but with due regard to the need to uphold TCAA's autonomy in the operational management of its affairs.

         The Ministerial Advisory Board, shall assist the Permanent Secretary with the review of the TCAA's Strategic Plans, Business Plans and performance reports, and in setting objectives and key performance targets.

         The Permanent Secretary shall, taking into account the overall Government policies, and the business case presented, decide whether the Director-General's intention to borrow money, or to acquire or dispose of immovable property are acceptable. He will normally approve all such cases.

         The Permanent Secretary will promote the interests of TCAA and keep the Director-General aware of higher level Government thinking.

         The Permanent Secretary shall also receive and discuss appeals of employees who are aggrieved by the decision of the Director-General as provided for by the relevant provisions of the Executive Agencies Act *.

   4.3   Responsibilities of the Director-General

         The Director-General is responsible for managing TCAA within the terms of the Framework Document and the Executive Agency Regulations. The Director-General is the Agency's Accounting Officer and shall specifically be responsible for–

      •   the preparation and submission of Strategic and Business plans and associated budgets;

      •   the implementation of the approved plans, including the achievement of performance targets;

      •   the delivery of the agreed programme of services to customers, on schedule and to specification;

      •   the organisation and management of the assets and resources allocated to him efficiently, effectively, economically and in accordance with the principles of fairness and equality as outlined in Government policies and Financial Regulations;

      •   the setting of user charge tariffs for the recovery of operational costs in accordance with the ICAO guidelines;

      •   the provision to the Permanent Secretary of such information as in required to enable performance to be monitored;

      •   the preparation of an Annual Report and Financial Statement for submission to the Permanent Secretary, the Minister of Communications and Transport, and Parliament;

      •   ensuring that all aspects of the management and organisation are kept under review and that they best suit TCAA's business needs;

      •   contributing to the development and formulation of policy, including assessing the impact and practicability of proposed policy changes and ensuring that TCAA is in a position to implement such changes expeditiously and efficiently;

      •   promoting public confidence in the professionalism and quality of its services and impartiality of the Agency decisions;

         The Director-General shall be responsible for the effective personnel management of the Agency's employees, in particular discipline, control and development in accordance with the Agency's Personnel Regulations.

         The Director-General shall be an ex officio member of the Ministerial Advisory Board.

         The Director-General shall exercise the power hitherto vested in the Director-General of Civil Aviation as provided for under the Civil Aviation Act * and subsidiary legislation made thereunder, and shall have the power to propose to the Minister new Regulations or amendments to existing regulations made under the Civil Aviation Act for the purpose of regulating air navigation and air transport, the carrying out and giving effect to the Chicago Convention, and any other International agreements relating to civil aviation.

         The Director-General shall further be responsible for the granting of license to Air Service Operators.

   Note: The Minister shall retain the responsibility for authorising the carriage by air of munitions of war.

   4.4   Responsibility of the Ministerial Advisory Board

         The Ministerial Advisory Board shall give advice to the Minister and Permanent Secretary on the following–

      •   the development and maintenance of a policy framework;

      •   the objectives of the TCAA;

      •   the acceptability of the Director-General's Strategic and Business Plans and associated budgets;

      •   setting of priorities and annual performance targets for the Agency;

      •   the acceptability of the Annual Report and Financial Statement;

      •   the evaluation of the Agency's performance;

      •   any other matter provided for under the Executive Agencies Act *;

      •   negotiation with other countries for the establishment of international air service;

      •   civil aviation legislation including legislation to give effect to the Chicago Convention, any annex thereto, and other International Conventions relating to civil aviation;

      •   measures necessary to give effect to the standards and recommended practices adopted in pursuance of the Chicago Convention and any annex thereto;

      •   air navigation facilities and services, the cost of establishing and maintaining them measures to be adopted to recover those costs;

      •   fares and freights rates and related matters;

      •   such other matters affecting civil aviation as the Minister may from time to time refer to the Board.

         The Permanent Secretary shall chair the Ministerial Advisory Board. It shall hold its meeting as often as the Chairman may determine, but not less than twice in each financial year.

5.   Accountability

   The Minister of Communications and Transport shall be accountable to Parliament for all aspects of the TCAA. The Permanent Secretary assists him in the discharge of this responsibility.

   5.1   Accounting Officer Responsibilities

         The Permanent Secretary is the principal accounting officer for the Ministry and as such, is responsible for ensuring a high standard of financial management in the conduct of all responsibilities charged on the Ministry of Communication and Transport.

         The Director-General is the Agency's Accounting Officer, and is therefore accountable for ensuring the propriety and regularity of revenue and expenditure, for prudent and economical administration, and ensuring the requirements of the Ministry of Finance are met in accordance with the Agency's Financial Regulations and Accounting Manual.

         The Director-General is responsible for establishing proper management systems for these purposes, as such, shall take due account of the financial management guidance issued by the Ministry of Finance, and the personnel management guidance issued by the Public Service Department. The Director-General shall also put into effect the recommendations acceptable by the Government from the Public Accounts and other Parliamentary Committees.

   5.2   Public Accounts Committee

         The Permanent Secretary and the Director-General may be required to appear before the Public Accounts Committee on matters relating to the TCAA. Where the Committee's interest is in the operations of the TCAA, the Minister will normally regard the Director-General as the person best placed to appear.

   5.3   Parliamentary and other inquiries

         Members of the Parliament are encouraged to deal directly with the Director-General on matters which are the responsibility of the Agency.

         The Minister shall work closely with the Director-General to prepare for the former, replies to questions raised by Members of Parliament inquiries which fall within the responsibility of the TCAA.

         The Director-General shall also advise the Minister on other Parliamentary matters as requested.

6.   Finance, planning and strategic control

   6.1   Funding

         The Agency's resource requirements will be met from the revenue collected by way of charges for services rendered, supplemented as shown to be necessary in the Agency's Business Plan by Government subventions loans and grants.

         The agency's expenditure will be subject to monthly, quarterly and annual monitoring and review.

   6.2   Strategic and Business Plans

         TCAA's Director-General shall prepare for each year, for approval by the Permanent Secretary, a Strategic Plan covering a period of three years and a Business Plan which gives details of operations.

   6.2.1   Strategic Plan

         The Strategic Plan shall cover a three-year term and be rolled forward and updated each year. It shall reflect the outcome of the review of performance and expenditure, and shall closely set out:

      •   the Director-General's strategies for achieving TCAA's aim and objectives;

      •   strategic performance targets;

         an assessment of the external factors which influence TCAA's activities including key planning assumption about the service to be provided and resources;

      •   a capital expenditure programme;

      •   efficiency objectives, and business plans.

   6.2.2   Business Plan

         The Business Plan will set out in more details, TCAA's activities for the first year of the Strategic Plan period, and will include–

      •   key performance targets set by the Permanent Secretary;

      •   priorities and other performance targets;

      •   budgets, including estimated profiles of revenue and expenditure;

      •   the work programmes;

      •   the key assumption, which include resources, which are likely to underpin performance targets; and

      •   an efficiency plan including initiatives to improve performance, value for many and quality of service.

   6.3   Approval

         The Director-General shall submit the Strategic and Business Plans to the MAB and the Permanent Secretary for approval each year. The Permanent Secretary or the Director-General may seek to review the Business Plan in the course of the year to reflect changes in policies, resources, or priorities.

         Approval of these plans will constitute authority for TCAA to conduct its operations accordingly without undue interference by the Ministry.

   6.4   Annual Report and Accounts

         The Director-General shall submit an Annual Report and Statement of Financial Accounts to the MAB, the Permanent Secretary and Minister after the end of each financial year. The Report shall be published and circulated to relevant authorities, and shall contain–

      •   a copy of the audited accounts of TCAA, together with the Auditor's report on those accounts;

      •   a report on performance against key targets;

      •   a report on the operations of TCAA during that financial year; and

      •   any other information as may be required by the Permanent Secretary.

         The Annual Report will also contain the annual performance agreement between the Permanent Secretary and the Director-General.

   6.5   Financial Delegation

         The Director-General has the authority to approve all expenditure which is consistent with the approved Strategic and Business Plans and which is in accordance with his letter of delegation.

         The Director-General shall ensure that appropriate investment appraisal of all capital expenditure projects is carried out, taking account of such guidance as the Ministry of Finance or Public Service Department may issue from time to time. Major capital expenditure divisions will be considered in the context of the approved of Strategic and Business Plans.

         The TCAA will undertake post implementation reviews to determine whether projects have achieved objectives set up.

   6.6   Value for Money

         The Director-General is responsible for obtaining value for money in the procurement of goods and delivery of services. Accordingly, the Director-General will implement a range of efficiency measures in accordance with the agreed programme and timetable set out in the Strategic and Business plans. The Director-General is responsible for maintenance of standards and value or money of any work contracted out and ensuring that the security and confidentiality safeguards are maintained.

   6.7   Internal Audit

         The Director-General is responsible for ensuring that adequate arrangements exist for the provision of an internal audit service. The audit service shall accord with the standards set by the Ministry of Finance, and in accordance with the TCAA Accounting Manual.

         The Internal Auditor to the Ministry of Communication and Transport shall have the right to access to the Agency to perform work necessary to give independent assurance to the principal accounting officer. The Permanent Secretary shall receive copies of all internal audit reports.

   6.8   External Audit

         The TCAA is subject to external audit by the Controller and Auditor-General for the United Republic of Tanzania who shall have the right conduct interim audits, special audits and value-for-money studies relating to TCAA activities.

   6.9   Budgetary Flexibilities

         The Director-General shall have the power which shall be exercised in accordance with Ministry of Finance guidelines, and the limits set out in the Executive Agencies (Finance Procurement and Stores) Regulations *.

   6.9.1   Capital Expenditure

         The Director-General shall have the powers in relation with the capital expenditure to:

      •   authorise capital expenditure on individual capital projects;

      •   transfer of resources allocated to one item in the budget to another;

      •   carry over in full to the next financial year any underspent on capital provision from the previous financial year.

   6.9.2   Running Costs

         The Director-General shall have the powers in relation with the running costs to:

      •   manage all running costs allocations as a single budget;

      •   transfer of resources allocated to one item in the budget to another;

      •   carry over in full to the next financial year any underspent on running costs from the previous financial year.

   6.9.3   Assets and Liabilities

         The Director-General may:

      •   authorise all write-offs and special payments;

      •   authorise the disposal of assets in accordance with standing financial regulations;

      •   authorise expenditure on individual constancy services;

      •   authorise expenditure on Information Technology projects;

      •   authorise single source negotiated tender action for procurements.

7.   Personnel

   7.1   Status and Conditions of Service

         The TCAA staff are public servants and as such their terms and conditions of service will be based upon the Executive Agencies (Personnel Management) Regulations *, as amended from time to time by the Ministry responsible for Public Service and in accordance with the Executive Agencies Act *.

   7.2   Personnel Management

         The Director-General is responsible for the personnel management of Agency staff as set out in this Framework Document and the Executive Agencies (Personnel Management) Regulations * and as laid down in the labour laws of Tanzania. He is responsible for ensuring that an equal opportunities policy is formulated and implemented. Within these parameters he may introduce such changes as are necessary to maximise the TCAA's efficiency and effectiveness.

   7.3   Staff Complement

         The Director-General shall be responsible to manage the affairs of the Agency efficiently and effectively, the end in that regard, to establish and keep up to date the TCAA's staff complement.

   7.4   Staff Relations

         The Director-General is responsible for staff relations within the Agency. The Director-General is in this regard, required to foster good staff relation as an important aid to the achievement of the Agency's objectives, and to ensure effective communication and consultation between the staff and with their recognised Trade Union representatives.

         Permanent staff retains the right of appeal to the Permanent Secretary on personnel matters in the event of being dissatisfied by any decision made by the TCAA.

   7.5   Health and Safety

         The Director-General is responsible for the health and safety of TCAA staff in the working place and for complying with all relevant legislation and regulations and in this regard, shall consult with staff and their recognised Trade Union representatives on health and safety matters.

8.   Review and publication

   8.1   Review

         From time to time, but at least at intervals not exceeding five years, a review of this document shall be undertaken by the Minister of Communications and Transport, advised jointly by the Permanent Secretary, the Ministerial Advisory Board and the TCAA Director-General.

         The Minister, Permanent Secretary or the Director-General may at any time propose amendments to this Framework Document in the light of the Agency's operation experience or any change of circumstances. Any such proposals for change shall be subject to consultation with the Public Service Department and the Ministry of Finance. Any change affecting personnel shall be subject to consultation with staff and their recognised Trade Union representatives. The incorporation of changes may require the approval of the Minister of Communications and Transport, Minister for Finance and the Minister responsible for the Public Service as well as the approval of the Chief Secretary.

   8.2   Publication

         Amendments to the order establishing TCAA, including amendments to this Framework Document will be laid before Parliament in accordance with existing practice. Copies of the Framework Document and further information about the Agency can be obtained from:

      Tanzania Civil Aviation Authority,
IPS Building, Azikiwe Street,
P. O. Box 2819,
DAR ES SALAAM

THE EXECUTIVE AGENCIES (TANZANIA AIRPORTS AUTHORITY) (ESTABLISHMENT) ORDER

(Section 3)

[29th November, 1999]

G.N. No. 404 of 1999

1.   Citation

   This Order may be cited as the Executive Agencies (Tanzania Airports Authority) (Establishment) Order.

2.   Establishment of the TAA

   There is established the Tanzania Airports Authority as an Executive Agency in relation to the Department of Aerodromes provided for under the Aerodromes (Licensing and Control) Act *.

3.   TAA Framework Document Schedule

   The function, aim, objective, authority performance standards and other matters relating to the Airports Authority shall be as specified in the Framework Document set out in the Schedule to this Order.

SCHEDULE

MINISTERIAL FOREWORD

   It is with pleasure that I am being called upon to establish The Tanzania Airports Agency (TAA) as an Executive Agency of the Ministry of Communications and Transport. TAA assumes the responsibilities of the Department of Aerodromes, which was established in 1974 by the Aerodromes (Licensing and Control) Act *.

   The creation of the Tanzania Airports Agency will no doubt facilitate better management of airports in Tanzania. It is confidently expected that airport infrastructure and facilities, airport safety and security and the delivery of services to airport users will improve. Admittedly, the improvements call for an improvement in the currently limited and restricted budget. This will be achieved, in part at least, from an increase in revenue generation through efficient collection and by attracting additional investments at airports.

   This document sets out the framework within which the Tanzania Airports Agency will organize its affairs. Additionally, TAA has set out its future direction in the midterm and the way it has planned to operate in the first year after launch. The strategies are specified in the Strategic and Business Plans, which are being published simultaneously.

   I have every confidence that the establishment of the Tanzania Airports Agency will provide the impetus for airport improvements with a view to providing services to airport users of the highest standards.

   With these few remarks, I wish TAA and its staff all the best.

HON. ERNEST NYANDA (MP),
Minister for Communications and Transport.

CONTENTS

   1.   INTRODUCTION

   2.   STATUS & GOVERNANCE

      2.1   STATUS

      2.2   GOVERNANCE

      2.3   ORGANISATION

   3.   AIM, ROLE & STRATEGIC OBJECTIVES

      3.1   AIM

      3.2   ROLE

      3.3   STRATEGIC OBJECTIVES

      3 4   PERFORMANCE CRITERIA

   4.   RESPONSIBILITIES

      4.1   RESPONSIBILITIES OF THE MINISTER

      4.2   RESPONSIBILITIES OF THE PERMANENT SECRETARY

      4.3   RESPONSIBILITIES OF THE CHIEF EXECUTIVE

         4.3.1   For the Operations of the Agency

         4.3.2   As Agency Accounting Officer

         4.3.3   In relation to International Organizations

      4.4   RESPONSIBILITIES OF THE MINISTERIAL ADVISORY BOARD

   5.   ACCOUNTABILITY

      5.1   ACCOUNTING OFFICER RESPONSIBILITIES

      5.2   IN RELATION TO PARLIAMENT BUSINESS

   6.   PLANNING, FINANCE AND STRATEGIC CONTROL

      6.1   PLANNING FRAMEWORK

      6.2   STRATEGIC PLAN

      6.3   BUSINESS PLAN

      6.4   PERFORMANCE MEASUREMENT

      6.5   PERFORMANCE REVIEW

      6.6   ANNUAL REPORT AND ACCOUNTS

      6 7   VALUE FOR MONEY

      6.8   INTERNAL AUDIT

      6.9   EXTERNAL AUDIT

      6.10   SOURCE OF FUNDS

      6.11   FINANCIAL DELEGATION

      6.12   BUDGETARY FLEXIBILITIES

         6.12.1   Capital Expenditure

         6.12.2   Running Costs

         6.12.3   Assets & Liabilities

   7.   PERSONNEL

      7.1   STATUS AND CONDITIONS OF SERVICE

      7.2   PERSONNEL MANAGEMENT

      7.3   STAFF COMPLEMENT

      7.4   TRAINING AND CAREER DEVELOPMENT

      7.5   STAFF RELATIONS

      7.6   HEALTH & SAFETY

   8.   REVIEW AND PUBLICATION

      8.1   REVIEW

      8.2   PUBLICATION

1.   INTRODUCTION

   The Directorate of Aerodromes was formed in 1974 as a division of the Roads and Aerodromes Department in the Ministry of Works. In 1980 it was made a separate Government Department under the Ministry of Works, Communications and Transport, and when in 1985 the Ministry was re-divided, airport construction and maintenance remained with the Ministry of Works while airport operations became a division of the Directorate of Civil Aviation. In 1995 the Directorate of Aerodromes became a unified department again under the Ministry of Communications and Transport.

   The Government has decided that its non-core functions should be examined to see which could be better undertaken either outside Government or in semi autonomous Executive Agencies. As an "operations" department The Directorate of Aerodromes is one of those selected to be an Executive Agency, and has been re-named as the Tanzania Airport Agencies (TAA).

   This document forms part of a formal performance agreement between the Agency and the Ministry of Communications and Transport. It describes the framework within which the TAA has been established and it will operate as an Agency. It also sets out the responsibilities of those involved.

   The responsible Minister is the Minister for Communications and Transport. The head of the TAA will be chief Executive who shall be responsible for the operation of the Agency and will exercise statutory powers as vested in him under the following primary and subsidiary legislation:

   •   The Executive Agencies Act *.

   •   The Aerodrome (Licensing and Control) Act *.

   •   The Aerodrome Control Regulations *.

   •   The Tanzania Air Navigation Regulations *.

   •   The Aerodrome Licensing Regulations *.

   •   The Aerodrome (Landing and Parking Fees) Regulations, 1984.

   •   The Airport Service Charge Act, 1962.

   •   Civil Aviation Act *.

   •   Fire and Rescue Service Act, 1985.

   •   Fire Rescue Force Regulations, 1992.

   At launch the TAA had staff of 1245 employees and in the financial year 1998/99 had a gross budget of T.Shs. 3.6 billion.

2.   STATUS & GOVERNANCE

   2.1 Status

   The formation of Executive Agencies is an important element of the Government's programme of public management reforms. It is a means by which quality and cost effectiveness of the delivery of the public services can be improved. The creation of Agencies will clarify roles and responsibilities, assist with financial accountability, with resource management, and encourage initiative.

   The Tanzania Airports Agency (TAA) has been established as an Executive Agency of the Ministry of Communications and Transport in accordance with the Executive Agencies Act *. It replaces the Directorate of Aerodromes.

   2.2 Governance

   The Tanzania Airports Agency will be managed by a Chief Executive appointed for a period of up to five years by the Minister for Communications and Transport. The Permanent Secretary will be responsible for the strategic management of TAA.

   A Ministerial Advisory Board (MAB) consisting of the Permanent Secretary as Chairman, up to eight members, all of whom shall be appointed by the Minister for a period not exceeding three years from among persons, whether or not from the public sector, who posses the necessary qualifications and expertise. The function of the Ministerial Advisory Board is to give advice to the Minister and the Permanent Secretary on the strategic management of the Agency, as specified in the Executive Agencies Act.

   2.3 Organisation

   TAA launches with a headquarters structure considerably smaller than the Directorate of Aerodromes, and reflects that the main business of the Agency is conducted at the airports. The headquarters has three divisions and three specialist units supporting the Chief Executive. The Director of Dar es Salaam airport (DIA) also reports direct to the Chief Executive. Organograms for the Agency and DIA are shown overleaf.

   The Chief Executive may make changes in the organisation of TAA as he considers necessary to maintain and improve the efficiency and overall performance of the Agency within the policy framework set by the Permanent Secretary, and within the delegations outlined in this Framework Document or approved subsequently.

TAA ORGANIZATION STRUCTURE

3.   AIM, ROLE AND STRATEGIC OBJECTIVES

   3.1 Aim

   The aim of Tanzania Airports Agency (TAA) shall be to provide high quality airport services and facilities to the international and domestic air transport system in a most cost-effective manner.

   The vision of TAA is to become a model for the provision of airport facilities and services in Eastern Africa.

   3.2 Role

   The role of the Tanzania Airports Agency shall be:

   •   to operate, manage, maintain and develop Government-owned airports in a professional and cost-effective manner;

   •   provide comfortable, efficient and secure services and facilities for the movement of passengers and cargo in its airports thereby giving a positive image of the country to the outside world;

   •   to give technical advice to the Government on the development of airports;

   •   to ensure that the Government's airport policies, regulations and procedures are implemented in accordance with international standards;

   •   to advise the Government on national and international aspects of airport administration, regulations, fees and charges;

   •   to support national economic development by providing the necessary airport infrastructure, facilities and services.

   3.3 Strategic Objectives

   The Agency's strategic objectives are:

   •   Achieving a surplus of income over expenditure while implementing the provisions of the National Transport Policy and implementing the Agency's other strategic objectives.

   •   Improving service delivery at airports through planned programme of infrastructure and facilities development and maintenance.

   •   Building a competent and efficient workforce through the adoption of best practice human resource management policies and procedures.

   •   Implementing the International standards and recommended practices with respect to Airport Safety and Security and Information systems.

   •   Increasing revenue generation by attracting additional investments at airports.

   3.4 Performance criteria

   The Ministerial Advisory Board shall regularly evaluate the performance of the TAA in terms of the quality of services provided and the financial and operational performance. Assessments will be based on the Quarterly Performance Reports submitted by the Chief Executive to the Permanent Secretary.

4.   RESPONSIBILITIES

   4.1 Responsibilities of the Minister

   The Minister for Communications and Transport shall ultimately be responsible for determining the policy framework and the operational boundaries within which TAA works, and the financial resources that are to be made available to the Agency.

   The Minister is responsible for establishing the Agency, for appointing its Chief Executive and members of the Ministerial Advisory Board, and for ensuring that the Government derives maximum benefit from the creation of the agency. He is accountable to Parliament for the Agency's policy and operations.

   The Minister shall not be involved in the day-to-day management of TAA but will be consulted by the Chief Executive on the handling of operational matters which could give rise to significant public or Parliamentary concern.

   4.2 Responsibilities of the Permanent Secretary

   The Permanent Secretary, as Accounting Officer for the Ministry of Communications and Transport, has overall responsibility to the Minister on matters concerned with voted funds, and is the principal policy advisor to the Minister.

   The Permanent Secretary shall be responsible for the strategic management of the TAA, and for that purpose may give directions to the Chief Executive but with due regard to the need to uphold TAA's autonomy in the operational management of its affairs.

   The Permanent Secretary shall ensure that the Chief Executive is fully empowered to deliver his objectives and targets, and that the staff of the Ministry do not interfere in the business of the Agency.

   The Ministerial Advisory Board, chaired by the Permanent Secretary, shall assist the Permanent Secretary to review the TAA's Strategic Plans, Business Plans and Performance Reports, and in setting objectives and key performance targets.

   After consultation with the users of TAA's services, normally through the Ministerial Advisory Board, the Permanent Secretary will define clearly what services are required from TAA.

   The Permanent Secretary shall decide, taking into account overall Government policies, and the business case presented, whether the Chief Executive's proposals to borrow money, or to acquire or dispose of immovable property are acceptable. He shall formally approve all such cases after consultation with the Ministry of Finance.

   The Permanent Secretary may be required to appear before the Parliamentary Public Accounts Committee at hearings relating to the TAA.

   The Permanent Secretary will promote in conjuction with the Chief Executive the interests of TAA and keep the Agency aware of higher level Government thinking.

   4.3 Responsibilities of the Chief Executive

   4.3.1 Operation of the Agency

   The Chief Executive shall:

   •   be accountable to the Permanent Secretary for the effective and efficient management of the Agency, and for achieving the aims, objectives and targets for the Agency in this Framework Document, and the Strategic and Business Plans;

   •   be responsible for the day to day operations of the Agency, the proper management of its funds, property and business and for the discipline of the employees or the Agency;

   •   manage the affairs of the Agency in an efficient and cost-effective manner and in accordance with modern management practices and techniques and, in particular, to apply to its operations the best standards of financial management and accounting;

   •   ensure that the services provided to the Agency's customers are of the highest standard and in accordance with the agreements made with them; and

   •   perform Agency functions in accordance with an annual Performance Agreement concluded between him and the Permanent Secretary.

   4.3.2 Agency Accounting Officer

   •   The Chief Executive is the Agency's Accounting Officer with such financial responsibilities as provided for in this Framework Document, the Executive Agencies Act and Executive Agencies Regulations. In particular he is responsible for ensuring the propriety and regularity of revenue collection and expenditure, and for prudent administration.

   4.3.3 In relation to International Organisations

   To participate in the activities of appropriate Subregional, Regional and International Organisations.

   4.4 Responsibilities of the Ministerial Advisory Board

   The Ministerial Advisory Board is established to give advice the Minister and Permanent Secretary on the strategic management of the Agency, as specified in the Executive Agencies Act.

   The Chief Executive shall attend all meetings of the Board and may participate in its deliberations, except in matters affecting his own interest, but shall have no right to vote.

   The Ministerial Advisory Board shall be chaired by the Permanent Secretary. It shall hold its meetings as often as the Chairman may determine, but shall have no right to vote.

   The Advisory board shall also receive and discuss appeals of employees who are aggrieved by the decision of the Chief Executive under subsection (3) of section 10 of the Executive Agency Act *.

5.   ACCOUNTABILITY

   The Minister of Communications and Transport is accountable to Parliament for all aspects of the TAA. The Permanent Secretary assists him in the discharge of this responsibility.

   5.1 Accounting Officer's Responsibilities

   The Permanent Secretary is the Accounting Officer for the Ministry and therefore has responsibility for ensuring a high standard of financial management in the conduct of all Ministry of Communication and Transport activities.

   The Chief Executive is the Agency Accounting Officer, and is therefore accountable for ensuring the propriety and regularity of expenditure, for prudent and economical financial administration and ensuring that the requirements of the Ministry of Finance are met in accordance with the Executive Agency Regulations and its accounting manual.

   The Chief Executive is responsible for establishing proper management systems for these purposes. He is required to follow the guidance issued by the Treasury in respect of financial matters, and the personnel management guidance issued by the Civil Service Department. The Chief Executive shall also put into effect the recommendation accepted by the Government from the Public Accounts and any other Parliamentary Committees.

   5.2 In relation to Parliamentary Business

   Members of the Parliament individually or as a committee can deal with the Chief Executive directly on matters delegated to the Agency by the Executive Agencies Act * and Framework Document.

   The Chief Executive shall submit to the Permanent Secretary responses regarding Parliamentary enquiries of a policy or political nature, who will in turn pass them on to the Minister for presentation to Parliament.

6.   PLANNING, FINANCE AND STRATEGIC CONTROL

   6.1 Planning Framework

   The Agency shall prepare and submit to the Permanent Secretary for approval, a 3-year Strategic Plan and an Annual Business Plan. The two Plans, when approved by the Permanent Secretary are the framework within which the Chief Executive is to manage the Agency's business operations and development, and against which the performance of the Agency may be measured. The Chief Executive or the Permanent Secretary may seek to review the Business Plan in the course of the year to reflect changes in policies, resources or priorities.

   6.2 Strategic Plan

   The Agency's Strategic Plan shall be rolled forward and updated annually to reflect the outcome of the review of performance and expenditure. The Plan shall include:

   -   the Chief Executive's strategies for achieving TAA's aim and strategic objectives;

   -   starategic performance targets;

   -   an assessment of the external factors, including demand and key planning assumptions, that influence TAA's activities;

   -   any major organisational or structural changes;

   -   proposed capital investment programmes;

   -   efficiency objectives and plans.

   6.3 Business Plan

   The Business Plan will set out in detail the TAA's plans and budgetary targets for the first year of the Strategic Plan. It will include:

   -   key performance targets set by the Permanent Secretary;

   -   priorities and other performance targets;

   -   budgets, including estimates of revenue and expenditure;

   -   the work programmes;

   -   the key assumptions, including those about resources to be used in meeting the targets;

   -   initiative to improve quality, performance and value for money.

   6.4 Performance Measurement

   Key performance targets are agreed each year by the Permanent Secretary and the Chief Executive. Particular attention will be paid to the following areas:

   -   quality of service;

   -   financial performance;

   -   results and operational efficiency.

   Further targets to cover other aspects of the Agency's performance may also be set.

   6.5 Performance Review

   The Agency's performance will be assessed regularly by the Ministerial Advisory Board on the basis of Quarterly Performance Reports submitted by the Chief Executive.

   6.6 Annual Report and Accounts

   At the end of each financial year the Chief Executive shall prepare and submit an Annual Report and Statement of Financial Account to the Permanent Secretary and Minister. The reports will be published and circulated to other relevant authorities.

   The Annual Report will detail the Agency's performance against the targets set for the past year and will indicate the success of its policies and programmes. The Report shall include a copy of the audited accounts of TAA and the auditor's report on the accounts. It shall also contain the Annual Performance Agreement between the Permanent Secretary and the Chief Executive.

   6.7 Value for Money

   The Chief Executive shall be responsible for obtaining value for money in the procurement of goods and delivery of services. The Chief Executive will implement a range of efficiency measures in accordance with an agreed programme and timetable set out in Business and Strategic Plans.

   The Chief Executive shall be responsible for the standard and value for money of any work contracted out and ensuring that security and confidentiality safeguards are maintained.

   6.8 Internal Audit

   The Chief Executive shall be responsible for ensuring that arrangements exist for the provision of an internal audit service that accords with standards set by the Ministry of Finance and with the TAA Accounting Manual. The Internal Auditor of the Ministry of Communications and Transport has the right of access to the Agency to perform work necessary to give independent assurance to the Permanent Secretary, who shall receive all internal audit reports.

   6.9 External Audit

   The Chief Executive shall keep books of accounts and maintain proper records of the Agency's financial transactions in accordance with commercial accounting principles and the Executive Agencies Regulations.

   6.10 Source of Funds

   The Agency's resource requirements may be met from the revenue collected by way of fees and charges for services rendered, supplemented as shown to be necessary in the Business Plan, by Government subvention, loans and grants.

   The Agency's expenditure shall be subject to monthly, quarterly and annual monitoring and review.

   Government organisations requiring specific services from TAA are to enter into Service Level Agreements, which shall specify the volume, frequency and standard of service, and the price and payment arrangements.

   6.11 Financial Delegation

   The Chief Executive has the authority to approve all expenditure that is consistent with the approved Strategic and Business Plans and in accordance with the Executive Agencies Regulations.

   Appropriate investment appraisal of all capital expenditure projects shall be carried out by TAA, taking into account such guidance that the Ministry of Finance and the Civil Service Department may issue from time to time.

   6.12 Budgetary Flexibilities

   The Chief Executive has the following authorities which shall be exercised in accordance with Ministry of Finance guidelines and the limits set out in the Executive Agencies (Finance, Procurement and Stores) Regulations 1999, as modified by his letter of delegation.

   6.12.1 Capital Expenditure:

      -   authorise capital expenditure on individual capital projects;

      -   transfer resources allocated to one item in the budget to another;

      -   carry over in full to the next financial year any funds underspent on capital provision.

   6.12.2 Running Costs:

      -   manage all running cost allocations as a single budget;

      -   transfer resources allocated to one item in the budget to another;

      -   carry over in full to the next financial year any funds underspent on running costs.

   6.12.3 Assets and Liabilities:

      -   authorise all write-offs and special payments;

      -   authorise the disposal of movable assets;

      -   authorise expenditure on individual consultancy services;

      -   authorise expenditure on Information Technology projects;

      -   authorise single negotiated tender action for procurements.

7.   PERSONNEL

   7.1 Status and Conditions of Service

   The Agency's Staff are public servants of the United Republic of Tanzania. Their conditions of service are based on the Executive Agencies (Personnel Management) Regulations *, as amended from time to time by the Minister responsible for the Civil Service, in accordance with the Executive Agencies Act.

   The Ultimate disciplinary authority over the Airport Rescue and Fire Fighting Staff shall be in accordance with the Fire and Rescue Services Act * and the Fire and Rescue Force Regulations *.

   7.2 Personnel Management

   The Chief Executive shall be responsible for the personnel management of Agency staff as set out in this Framework Document and the Executive Agencies (Personnel Management) Regulations, and as laid down in the Labour Laws of Tanzania. He is responsible for ensuring that an Equal Opportunities policy is formulated and implemented. Within these parameters he may introduce such changes as are necessary to maximise the TAA's efficiency and effectiveness.

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