The Civil Aviation Act.

Civil Aviation Act _____________________ [CAP. 80 R.E 2020]
GOVERNMENT NOTICE NO. 848 Published on 2/10/2020
THE UNITED REPUBLIC OF TANZANIA
________
CHAPTER 80
________
THE CIVIL AVIATION ACT
[PRINCIPAL LEGISLATION]
REVISED EDITION 2020
This Edition of the Civil Aviation Act, Chapter 80, incorporates all
amendments made up to and including 30th June, 2020 and is printed
under the authority of section 4 of the Laws Revision Act, Chapter 4.
Dodoma, ADELARDUS L KILANGI
19th September, 2020 Attorney General

Civil Aviation Act _____________________ [CAP. 80 R.E 2020]
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ision Act, Chapter 4.
Dodoma, ADELARDUS L KILANGI
19th September, 2020 Attorney General

Civil Aviation Act _____________________ [CAP. 80 R.E 2020]
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CHAPTER 80
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THE CIVIL AVIATION ACT
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ARRANGEMENT OF SECTIONS
Section Title
PART I
PRELIMINARY PROVISIONS
1. Short title.
2. Interpretation.
PART II
THE CIVIL AVIATION TECHNICAL COMMITTEE
3. Establishment of Civil Aviation Technical Committee.
PART IIII
REGULATION OF CIVIL AVIATION
4. General Powers to make regulations.
PART IV
AERODROMES AND OBSTRUCTIONS
5. Indication of presence of obstructions.
6. Trespassing at aerodrome.
PART V
LIABILITY FOR DAMAGE CAUSED BY AIRCRAFT
7. Nuisance and liability for damage.
8. Nuisance caused by aircraft and aerodromes.
9. Responsibility where aircraft is hired out.

CAUSED BY AIRCRAFT
7. Nuisance and liability for damage.
8. Nuisance caused by aircraft and aerodromes.
9. Responsibility where aircraft is hired out.

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PART VI
DETENTION OF AIRCRAFT
10. Exemption from seizure of certain aircraft on patent
claims.
11. Power to detain and search aircraft
12. Detention of aircraft.
13. Transfer of responsibility to another state
14. Aircraft in distress
PART VII
NATIONAL AIR TRANSPORT FACILITATION PROGRAMME,
NATIONAL AIR TRANSPORT FACILITATION COMMITTEE
AND AIR TRANSPORT FACILITATION COMMITTEES
15. National Air Transport Facilitation Programme.
16. National Air Transport Facilitation Committee.
17. Functions of Air Transport Facilitation Committee.
18. Composition of National Air Transport Facilitation
Committee.
19. Every International Airport to have Airport Facilitation
Committee.
20. Functions of Airport Facilitation Committee at airport
level.
PART VIII
MISCELLANEOUS PROVISIONS
21. Application of Act and regulations.
22. Jurisdiction of Courts over acts done within the United
Republic.
23. Revocation and suspension of certificates.
24. Inspection.
25. Delegation of powers by Director-General.
26. Liability of directors and officers of corporations.
27. State aircraft.
28. Regulations may empower making of subsidiary
legislation.

or-General.
26. Liability of directors and officers of corporations.
27. State aircraft.
28. Regulations may empower making of subsidiary
legislation.

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PART IX
THE TANZANIA CIVIL AVIATION AUTHORITY
29. Establishment of Authority.
30 Duty of Authority.
31 Functions of Authority.
32 Establishment of Board and functions.
33. Functions and powers of Board
34. Nomination Committee.
35. Functions of Nomination Committee.
36. Code of conduct.
37. Conflicts of interest.
38. Removal of members.
39. Director-General.
40. Specific functions of Director-General.
41. Directors, consultants and other staff.
PART X
POWERS AND PROCEEDINGS OF THE AUTHORITY
42. General powers.
43. Power to set rates and charges.
44. Power to obtain information, documents and evidence.
45. Power to hold inquiries.
46. Competition policy and contraventions of laws on
competition.
47. Authority may sit in Committee.
48. Delegation.
49. Consultation with consumers, industry and government.
50. Public Register.
51. Confidentiality.
PART XI
REVIEW AND APPEALS PROCEDURES
52. Review Panel.
53. Decision made under delegated power.
54. A decision of Committee to be placed on Public Register.

REVIEW AND APPEALS PROCEDURES
52. Review Panel.
53. Decision made under delegated power.
54. A decision of Committee to be placed on Public Register.

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55. Appeals to Competition Tribunal against decisions of the
Authority.
PART XII
THE COUNCIL
56. Establishment of Council.
57. Powers and functions of Council.
58. Funds of Council and annual report.
PART XIII
COMPLAINTS AND DISPUTE RESOLUTION
59. Complaints.
60. Procedures and powers of Authority.
61. Appeals to Fair Competition Tribunal.
62. Omitted.
63. Inconsistency with other laws.
PART XIV
ENFORCEMENT AND COMPLIANCE
64. Compliance Orders.
65. Declarations.
66. Regulations and rules.
67. Offences.
PART XV
FINANCIAL PROVISIONS
68. Funds of Authority.
69. Surplus funds.
70. Accounts and financial audit.
71. Performance audit.
72. Annual report.
73. Budget.
74. Establishment of Training Fund.

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PART XVI
TRANSITIONAL AND MISCELLANEOUS PROVISIONS
75. Omitted.
76. Transfer of assets and liabilities of Tanzania Civil Aviation.
77. Continuation of disciplinary proceedings.
78. Rights of employees.
________
SCHEDULE
________

f assets and liabilities of Tanzania Civil Aviation.
77. Continuation of disciplinary proceedings.
78. Rights of employees.
________
SCHEDULE
________

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THE BOARD OF DIRECTORS OF THE AUTHORITY
__________
CHAPTER 80
__________
THE CIVIL AVIATION ACT
An Act to make provisions to enable effect to be given to the
Chicago Convention; and generally to provide for the control,
regulation and orderly development of civil aviation and to establish
a regulatory Authority in relation to air transport, aeronautical
airport services, air navigation services and to provide for its
operation in place of the former Authority.
Part I - X
[1st January, 1978]
[G.N. No. 9 of 1978]
PART IX - XVI
[1st November, 2003]
G.N.No.298 of 2003
Acts Nos.
13 of 1977
3 of 1992
5 of 2002
10 of 2003
21 of 2003
4 of 2013
10 of 2013
8 of 2014
13 of 2016

- XVI
[1st November, 2003]
G.N.No.298 of 2003
Acts Nos.
13 of 1977
3 of 1992
5 of 2002
10 of 2003
21 of 2003
4 of 2013
10 of 2013
8 of 2014
13 of 2016

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PART I
PRELIMINARY PROVISIONS
Short title 1.-(1) This Act may be cited as the Civil Aviation
Act. (2) This Act shall apply to Mainland Tanzania as
well as to Tanzania Zanzibar. Interpretati
on
Acts Nos. 5 of 2002
sch
10 of 2013
s.

vil Aviation
Act. (2) This Act shall apply to Mainland Tanzania as
well as to Tanzania Zanzibar. Interpretati
on
Acts Nos. 5 of 2002
sch
10 of 2013
s.

4
2.-(1) In this Act, unless the context requires
otherwise-
"accident" means an occurrence associated with the
operation of an aircraft which takes place between
the time any person boards the aircraft with the
intention of flight until such time as such persons
have disembarked, in which–
(a) a person is fatally or seriously injured as a
result of–
(i) being in the aircraft; or
(ii) direct contact with any part of the
aircraft, including parts which have
become detached from the aircraft;
or
(iii) direct exposure to the jet blast,
except when the injuries are from natural
causes, self-inflicted or inflicted by other
persons, or when the injuries are to
stowaways hiding outside the areas
normally available to passengers and crew;
or
(b) the aircraft sustains damage or structural
failure which–
(i) adversely affects the structural
strength, performance or flight
characteristics of the aircraft; and
(ii) would normally require major repair
or replacement of the affected
component, except for engine failure
or damage, when the damage is

rcraft; and
(ii) would normally require major repair
or replacement of the affected
component, except for engine failure
or damage, when the damage is

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limited to the engine, its cowlings or
accessories; or for damage limited to
propellers, wingtips, antennas, tyres,
brakes, fairings, small dents or
puncture holes in the aircraft skin; or
(c) the aircraft is missing or is completely
inaccessible; for the purpose of this
definition an aircraft is considered to be
missing when the official search has been
terminated and the wreckage has not been
located;
"aerial work" means and includes an aircraft operation in
which an aircraft is used for specialised services
such as agriculture, construction, photography,
surveying, observation and patrol, search and
rescue and aerial advertisement;
"aerodrome" and "airport" means a defined area on land or
water (including any buildings, installations and
equipment) intended to be used either wholly or in
part for the arrival, departure and surface
movement of aircraft;
“aeronautical airport services” means the use of runways,
taxiways and apron areas including associated
lighting and provision of approach and aerodrome
control for landing aircraft; use of passenger
terminal and other passenger processing facilities
ground handling of aircraft and passengers; use of
cargo facilities; use of aircraft parking areas and
hangar facilities; provision of airport security; and
provision of aircraft fueling facilities;
"aircraft" means any machine that can derive sport in the
atmosphere from the reactions of the air other than
the reactions of the air against the earth's surface;
"air navigation services" include air traffic management,
communication, navigation, surveillance, search
and rescue, meteorological services for air
navigation and aeronautical information services;
“Air Transport Services” means the carriage of passengers
and cargo between points within the United

navigation and aeronautical information services;
“Air Transport Services” means the carriage of passengers
and cargo between points within the United

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Republic of Tanzania and between points in the
United Republic of Tanzania and other countries;
“annual report” means the annual report of the Authority
referred to in section 71;
“Authority” means the Tanzania Civil Aviation Authority
established by Section 29 of the Act;
“Chairman” means the Chairman of the Authority referred
to in section 32(1)(a), and includes the Vice
Chairman and any other person performing the
functions of the Chairman;
"Board" means the Board of Directors of the Authority
referred to in section 32 of the Act;
"cargo" means movable property carried in an aircraft;
"the Chicago Convention" means the Convention on
International Civil Aviation concluded at Chicago
on 7th December, 1944;
“Code of conduct” means a code of conduct adopted by the
Authority in accordance with section 36 (1) of the
Act;
"commercial air transport operations" means an aircraft
operation involving the transport of passengers,
cargo or mail for remuneration or hire;
“Committee” means a Committee of the Authority
constituted under section 47 of this Act;
Cap.285 “Commission” means the fair Competition Commission
established under of the Fair Competition Act;
“Council” means the TCAA Consumer Consultative
Council established by section 56 of this Act;
“consultation” means notify or seek views of the other
party or person;
"crew" includes every person employed or engaged in an
aircraft in flight on the business of the aircraft;
"Director-General" means the Director-General of the
Authority appointed under section 39 of this Act;
“Division Director” means a Division Director appointed
under section 41 of this Act;
"domestic animal" means the male, female or young of any
animal of the following kinds namely, horse, ass,
mule, cattle, sheep, goat or pig;

this Act;
"domestic animal" means the male, female or young of any
animal of the following kinds namely, horse, ass,
mule, cattle, sheep, goat or pig;

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GN No.

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GN No.

235 of
1999
“former Authority” means the Tanzania Civil Aviation
Authority established by the Executive Agencies
(the Tanzania Civil Aviation Authority)
(Establishment) Order, 1999;
"Government aerodrome" means an aerodrome under
direct management of the Government of the
United Republic;
“inquiry” means the inquiry instituted by the Authority
pursuant to section 45 of this Act;
“Internal Review Committee” means the Committee
appointed by the Authority pursuant to section 53
of this Act;
“licence” means a licence issued under the provisions of
this Act;
“member” means any member of the board and includes
the Chairman and the Director-General;
"Minister" means the Minister responsible for matters
relating to civil aviation;
“officer” means any member or employee of the Authority;
"owner" means, in relation to an aircraft or aerodrome, the
person in whose name the aircraft or aerodrome is
registered or licensed, and includes any person who
is or has been acting as agent in the United
Republic for a foreign owner, or any person by
whom the aircraft or aerodrome is hired at the time;
“Permanent Secretary” means the Permanent Secretary of
the Ministry for the time being responsible for
matters relating to Civil Aviation;
“Public Register” means the Public Register of the
Authority, kept by the Authority pursuant to section
50 of this Act;
“regulated goods” means any equipment produced,
supplied or offered for supply or for use in a
regulated sector and includes goods the Authority
declares under section 65 of this Act;
“regulated services” means any services supplied or
offered for supply in a regulated sector and include
provisions of services, operations or any other
services which the authority declares to be such

offered for supply in a regulated sector and include
provisions of services, operations or any other
services which the authority declares to be such

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services under section 65 of this Act;
“regulated supplier” means any person engaging in
activities in or in connection with a regulated
services and includes services provider, operator,
licencee or any person whom the Authority
declares under section 65 of this Act to be such
supplier;
“review panel” means the review panel established under
section 52 of this Act;
"rocket" means any projectile for projection through the air
by the combustion of its own contents and having a
total weight before firing of more than 2,267,962
kg;
“Secretary” means secretary to the Authority appointed
under section 41(8) of this Act;
"security" means a combination of measures and human
and material resources intended to safeguard
international civil aviation against acts of unlawful
interference;
“standards” includes technical and safety standards relating
to the aeronautical airport services; air navigation
services and air transport services;
"State aircraft" means–
(a) aircraft in the military service of the United
Republic or any other state and aircraft that
are commanded by members of the military
forces of the United Republic or such a state
who are detailed for the purpose of
commanding such aircraft; and
(b) aircraft used in the customs or police
service of the United Republic or other
state;
"Tanzania aircraft" means aircraft registered in the United
Republic;
Cap.285 “Tribunal” means the Fair Competition Tribunal
established by the Fair Competition Act;
"United Republic" means the United Republic of Tanzania.

p.285 “Tribunal” means the Fair Competition Tribunal
established by the Fair Competition Act;
"United Republic" means the United Republic of Tanzania.

(2) Any reference in this Act to goods or articles

(2) Any reference in this Act to goods or articles

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shall be construed as including a reference to mail and
animals. PART II
THE CIVIL AVIATION TECHNICAL COMMITTEE
Establishm
ent of Civil
Aviation
Technical
Committee
Acts Nos. 3 of 1992
Sch;
5 of 2002
Sch. 3.-(1) There shall be established a technical
committee to be known as the Civil Aviation Technical
Committee. (2) The Director-General shall be the Chairman of
the Committee. (3) Other members of the Committee shall be
appointed by the Director-General. (4) The Committee shall regulate its own
proceedings. (5) Notwithstanding the provisions of subsection
(3) the Committee shall consider and advise the Director-
General on technical aspects of civil aviation generally and
on such particular matters as the Director-General may
refer to it for advice and the Committee shall have such
other functions and powers as may be prescribed. [s.13]
PART III
REGULATIONS OF CIVIL AVIATION
General
powers to
make
regulations
Acts Nos. 5 of 2002
Sch. 10 of 2013
s. 5
4.-(1) The Minister may make Regulations for the
better carrying out of the provisions of this Act.

gulations
Acts Nos. 5 of 2002
Sch. 10 of 2013
s. 5
4.-(1) The Minister may make Regulations for the
better carrying out of the provisions of this Act.

(2) Without prejudice to the generality of
subsection (1) the Minister may in consultation with the
Authority make regulations–
(a) for regulating air navigation and economic
regulations of air transport services;
(b) giving effect to Chicago Convection and
annexes thereto, and any other civil aviation
conventions to which the United Republic is
party;
(c) regulating the use of aircraft by establishing
licensing authorities and a system of licensing

conventions to which the United Republic is
party;
(c) regulating the use of aircraft by establishing
licensing authorities and a system of licensing

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for–
(i) public transport; or
(ii) flying undertaken for the purposes
of aerial work;
(d) the registration and marking of aircraft in the
United Republic;
(e) prohibiting the flying of any aircraft–
(i) unless there is in force in respect of
such aircraft a certificate of
airworthiness or permit to fly issued
or recognised in accordance with
regulations made under this Act; and
(ii) except upon compliance with such
conditions as to maintenance and
repair as may be prescribed or
specified in the certificate or permit;
(f) requiring persons performing prescribed
functions in relation to the operation or
maintenance of aircraft to be the holders of
licences or certificates of specified kinds and
providing for the grant, revocation, extension,
validation, suspension or variation of such
licences or certificates;
(g) prescribing the conditions under which, in
particular the aerodromes to or from which,
aircraft entering or leaving the United
Republic may fly and the conditions under
which aircraft may fly from one part of the
country to the other;
(h) prescribing the conditions under which, and
passengers and cargo may be carried by air
and under which aircraft may be used for other
commercial, industrial or gainful purposes,
and for prohibiting the carriage by air of goods
of such classes as may be prescribed;
(i) minimising or preventing interference with the
use or effectiveness of apparatus used in
connection with air navigation and prohibiting
or regulating the use of that apparatus and the

ence with the
use or effectiveness of apparatus used in
connection with air navigation and prohibiting
or regulating the use of that apparatus and the

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display of signs and lights liable to endanger
aircraft;
(j) generally securing the safety, efficiency and
regularity of air navigation and the safety of
aircraft and of persons and cargo carried
therein, and for preventing aircraft
endangering other persons and property;
(k) requiring persons engaged in, or employed in
or in connection with, air navigation to supply
meteorological information for the purposes of
air navigation;
(l) (regulating the making of signals and other
communications by or to aircraft and persons
carried therein;
(m) prescribing a civil air ensign for the United
Republic and regulating its use, and regulating
the use of any other ensign established for the
purposes connected with air navigation;
(n) prohibiting aircraft from flying over such areas
in the United Republic as may, by order
published in the Gazette, be declared as
prohibited areas;
(o) prescribing the fees to be paid in respect of the
issue, validation, renewal, extension or
variation of any certificate or licence or other
document by regulations made under this Act
and in respect of any other matters of which it
appears to the Minister to be expedient to
charge fees;
(p) prescribing charges or enabling some other
authority to prescribe charges to be paid in
respect of air navigation services and
aerodrome services including landing fees and
parking fees, and providing for the recovery of
such charges;
(q) empowering an authority, prescribed for the
purpose, to exempt any aircraft or persons or
classes of aircraft or categories of persons
from the provisions of regulations made under

ribed for the
purpose, to exempt any aircraft or persons or
classes of aircraft or categories of persons
from the provisions of regulations made under

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this Act or any of them;
(r) providing for the investigation in such manner
as may be prescribed, including by means of a
tribunal established for the purpose, of any
accident arising out of or in the course of air
navigation and occurring either in or over the
United Republic or occurring elsewhere to a
Tanzanian aircraft;
(s) prohibiting access to or interference with
aircraft to which an accident has occurred, and
authorising any person, so far as may be
necessary for the purposes of an investigation,
to have access to, remove, take measures for
the preservation of, or otherwise deal with any
such aircraft;
(t) requiring any person who owns an aircraft or
who carries on the business of operating
aircraft for hire or reward to furnish to such
authorities as may be prescribed any
information relating to the aircraft, the crew,
the mails, the passengers and the cargo carried,
other work performed by the aircraft, the
journeys made by the aircraft and such traffic
reports, cost statistics and financial statements
showing among other things, all receipts and
the sources as may be prescribed;
(u) providing for licensing, inspection and
regulation of aerodromes, access to
aerodromes and places where aircraft have
landed or may land, access to aircraft factories
or maintenance establishments or places where
aircraft parts and engines are maintained for
the purposes of inspecting work carried on in
relation to aircraft or parts thereof and
prohibiting or regulating the use of unlicensed
aerodromes;
(v) regulating the firing of rockets;
(w) prescribing the powers, including powers of
arrest, that may be exercised by the members

icensed
aerodromes;
(v) regulating the firing of rockets;
(w) prescribing the powers, including powers of
arrest, that may be exercised by the members

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of the crew of an aircraft, in relation to persons
on board the aircraft, for the purpose of
ensuring the safety of the aircraft or its
passengers, crew or cargo or otherwise for the
purposes of this Act or the regulations made
under this Act;
(x) providing for measures to safeguard
international and domestic civil aviation
against acts of unlawful interference, intensify
efforts to suppress acts of unlawful seizure of
aircraft as well as other civil aviation security
matters and providing for extradition or
submission of the case to competent
authorities for the purpose of prosecution of
those who commit them;
(y) prescribing the fines to be paid in respect of
compounded offences.

competent
authorities for the purpose of prosecution of
those who commit them;
(y) prescribing the fines to be paid in respect of
compounded offences.

(z) regulating aviation training organizations;
(aa) prohibiting or regulating the
emission or causing of smoke, soot,
ash, grit, dust, and any other substance
whatsoever, which obscures or may
obscure visibility in the vicinity of
the aerodrome;
(bb) classifying and use of airspace,
control search and reserve facilities;
(cc) for the aircraft design, construction,
repair, maintenance, repair of facilities and
related equipment;
(dd) overseeing the implementation of
the safety management system; and
(ee) providing for development and
implementation of the state safety
program. (3) Different regulations may be made for different
classes of aircraft, aerodromes or property or categories of
persons, and for different parts of the United Republic. (4) Any employee of the authority authorised by

raft, aerodromes or property or categories of
persons, and for different parts of the United Republic. (4) Any employee of the authority authorised by

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name in that behalf by the Director-General, or any police
officer not below the rank of the inspector specifically
authorised by name in that behalf by the Minister, may
compound any offence under this Act or Regulations. (5) All fines imposed for any offence under this
Act or Regulations made under it, shall be paid to the
funds of the Authority. (6) Where an offence is compounded in accordance
with the provisions of subsection (4) and any proceedings
are brought against the offender for the same offence, it
shall be a good defence for such offender to prove to the
satisfaction of the court that the offence with which he is
charged has been compounded under paragraph (4). [s.14]
PART IV
AERODROMES AND OBSTRUCTIONS
Indication
of presence
of
obstruction
s Acts Nos. 5 of 2002
Sch. 21 of 2003
S. 433
Cap. 4
s.

paragraph (4). [s.14]
PART IV
AERODROMES AND OBSTRUCTIONS
Indication
of presence
of
obstruction
s Acts Nos. 5 of 2002
Sch. 21 of 2003
S. 433
Cap. 4
s.

8
5.- (1) Where the Director-General is satisfied with
respects to any building, structure or erection, that, in order
to secure that aircraft may be navigated with safety and
efficiency, provision ought to be made, whether by lighting
or otherwise, for giving warning to aircraft, of the presence
of a building, structure or erection, he may by order
authorise, and require, subject to any conditions specified in
the order, the proprietor of an aerodrome, and any person
acting on his behalf or any person acting on behalf of the
Director-General–
(a) to execute, install, maintain, operate and, as an
occasion may require, to repair and alter such
works and apparatus as may be necessary for
enabling such warning to be given in the
manner specified in the order; and
(b) so far as may be necessary for exercising any of
the powers conferred by the order to enter upon
and pass over, with or without vehicles, any
such land as may be specified in the order. (2) The Minister shall, pending appointment of
members of the Board and the Director-General, perform
functions and exercise powers vested in the Board and, or

inister shall, pending appointment of
members of the Board and the Director-General, perform
functions and exercise powers vested in the Board and, or

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the Director-General. (3) In the performance of the functions or the
exercise of powers of the Board or of the Director-General,
the Minister may, by order published in the Gazette,
designate a public authority or public officer to perform the
functions or exercise powers of the Board or the Director-
General. [s. 15]
Trespassin
g at
aerodrome
Act No. 5 of 2002
Sch. 6.-(1) Any proprietor of an aerodrome shall ensure
that no person or animal trespasses on any land forming
part of an aerodrome licensed in pursuance of the
Regulations made under this Act, and shall ensure that
notices warning trespassers are posted so as to be readily
seen and read by members of the public. (2) In this section, the expression "proprietor of an
aerodrome" means, in the case of a licensed aerodrome, the
person entitled to carry on the business of the aerodrome,
and in the case of a Government aerodrome the officer-in-
charge thereof.

ed aerodrome, the
person entitled to carry on the business of the aerodrome,
and in the case of a Government aerodrome the officer-in-
charge thereof.

[s.16]
PART V
LIABILITY FOR DAMAGE CAUSED BY AIRCRAFT
Nuisance
and
liability for
damage
7.-(1) No action shall lie in respect of trespass or in
respect of nuisance, by reason only of the flight of an
aircraft over any property at a height above the ground,
which, having regard to wind, weather or other reasonable
circumstances, or the ordinary incidents of such flight, so
long as the provisions of this Act and regulations or other
subsidiary legislation made thereunder are duly complied
with. (2) Where material loss or damage is caused to any
person or property on land or water by, or by a person in,
or an article or person falling from an aircraft while in
flight, taking off or landing, then unless the loss or damage
was caused or contributed to by the negligence of the
person by whom it was suffered, damages in respect of the
loss or damage shall be recoverable without proof of

contributed to by the negligence of the
person by whom it was suffered, damages in respect of the
loss or damage shall be recoverable without proof of

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negligence or intention or other cause of action, as if the
loss or damage had been caused by the wilful act, neglect,
or default of the owner of the aircraft. (3) Where material loss or damage is caused as
aforesaid in circumstances in which–
(a) damages are recoverable in respect of the said
loss or damage by virtue only of the foregoing
provisions of this subsection; and
(b) a legal liability is created in some person other
than the owner to pay damages in respect of the
said loss or damage,
the owner shall be entitled to be indemnified by that other
person against any claim in respect of the said loss or
damage. [s. 17]
Nuisance
caused by
aircraft and
aerodrome
s
8.-(1) Regulations made under section 4 may
provide for regulating the conditions under which noise
and vibration may be caused by aircraft and may provide
that subsection (2) shall apply to any aerodrome.

regulating the conditions under which noise
and vibration may be caused by aircraft and may provide
that subsection (2) shall apply to any aerodrome.

(2) No action shall lie in respect of nuisance by
reason only of the noise and vibration caused by aircraft on
an aerodrome to which this subsection applies by virtue of
regulations made under section 4 so long as the provisions
of any such regulations are duly complied with. [s.18]
Responsibi
lity where
aircraft is
hired out
9. Where an aircraft has been bona fide demised,
let or hired out for any period exceeding fourteen days to
any person by the owner thereof, and during such period
no pilot, commander, navigator or operative member of the
crew of the aircraft is in the employment of the owner, this
part of this Act shall have effect as if for references therein
to the owner there were substituted references to the
person to whom the aircraft has been demised, let or hired
out. [s.19]

if for references therein
to the owner there were substituted references to the
person to whom the aircraft has been demised, let or hired
out. [s.19]

Civil Aviation Act _____________________ [CAP. 80 R.E 2020]
22
PART VI
DETENTION OF AIRCRAFT
Exemption
from
seizure of
certain
aircraft on
patent
claims
10.-(1) Any lawful entry into the United Republic
or any lawful transit across the United Republic, with or
without landings, of an aircraft to which this section
applies shall not entail any seizure or detention of the
aircraft or any proceedings being brought against the
owner or operator thereof or any other interference
therewith by or on behalf of any person in the United
Republic on the ground that the construction, mechanism,
parts, accessories or operation of the aircraft is or are an
infringement of any patent, design or model.

the ground that the construction, mechanism,
parts, accessories or operation of the aircraft is or are an
infringement of any patent, design or model.

(2) The importation into, and storage in, the
United Republic of spare parts and spare equipment for an
aircraft to which this section applies and the use and
installation in the repair of such an aircraft, shall not entail
any seizure or detention of the aircraft or of the spare parts
or operator of the aircraft or the owner of the spare parts or
spare equipment or any other interference with the aircraft
by or on behalf of any person in the United Republic on
the ground that the spare parts or spare equipment or their
installation are or is an infringement of any patent, design
or model. (3) This section applies to-
(a) an aircraft registered in any country or territory
in the case of which there is in force a notice
made by the Minister and published in the
Gazette, with a view to the fulfilment of the
provisions of the Chicago Convention to which
this section relates, that the benefits of these
provisions apply to that country or territory;
and
(b) such other aircraft as the Minister may
prescribe. [s.20]
Power to
detain and
search
11. Where the Director-General has reasonable
grounds to suspect that an aircraft is used in contravention

rescribe. [s.20]
Power to
detain and
search
11. Where the Director-General has reasonable
grounds to suspect that an aircraft is used in contravention

Civil Aviation Act _____________________ [CAP. 80 R.E 2020]
23
aircraft
Act No
13 of 2016
s. 4
of this Act or that it contains any matter which may be
used as evidence in respect of an offence under this Act,
the Director General may detain, inspect, board on or
recall that aircraft in flight. [s.10A]
Detention
of aircraft
Act No. 5 of 2002
Sch. 12. Any regulations made under this Act may
provide for the detention of aircraft to secure compliance
with this Act or the regulations made and may make such
further provisions as appear to the Minister to be necessary
or expedient for securing such detention. [s. 21]
Transfer of
responsibil
ity-ties to
another
state
Act No. 13 of 2016
s. 5
13.

nister to be necessary
or expedient for securing such detention. [s. 21]
Transfer of
responsibil
ity-ties to
another
state
Act No. 13 of 2016
s. 5
13.

Notwithstanding any provision of this Act, the
Authority may, by agreement made with the appropriate
foreign civil aviation authority under the Chicago
Convention:
(a) transfer to the concerned civil aviation authority
of another state, all or part of the Authority’s
responsibilities for a Tanzania registered
aircraft operated by a foreign operator; or
(b) vest in the Authority all or part of the
responsibilities of the civil aviation authority of
another state for an aircraft registered by that
state and operated by a Tanzania operator. [s.11A] [s.11A]
Aircraft in
distress
Act No. 13 of 2016
s. 5
14. Where an aircraft is in distress within the
territory of the Authority, the Authority shall-
(a) permit, subject to control by its own authorities,
the owners of the aircraft or authorities of the
state in which the aircraft is registered to
provide such measures of assistance as may be
necessitated by the circumstances rendering the
distress;
(b) in the case where the aircraft is missing, search
the missing aircraft in line with the coordinated
measures prescribed by the Authority; or
(c) provide any other necessary assistance. [s. 11B]

search
the missing aircraft in line with the coordinated
measures prescribed by the Authority; or
(c) provide any other necessary assistance. [s. 11B]

Civil Aviation Act _____________________ [CAP. 80 R.E 2020]
24
PART VII
NATIONAL AIR TRANSPORT FACILITATION
PROGRAMME, NATIONAL
AIR TRANSPORT FACILITATION COMMITTEE AND
AIRPORT FACILITATION COMMITTEES
National
Air
Transport
Facilitation
Programm
e
Act No. 5 of 2002
Sch. 15. There shall be a National Air Transport
Facilitation Programme organised by the Authority for the
purpose of implementing the relevant articles of the
Chicago Convention. [s.22]
National
Air
Transport
Facilitation
Committee
Act No. 5 of 2002
Sch. 16. There shall be a National Air Transport
Facilitation Committee organised by the Authority. [s.23]
Functions
of Air
Transport
Facilitation
Committee
Act No. 5 of 2002
Sch. Cap. 4
s.8
17.

port
Facilitation Committee organised by the Authority. [s.23]
Functions
of Air
Transport
Facilitation
Committee
Act No. 5 of 2002
Sch. Cap. 4
s.8
17.

Functions of the National Air Transport
Facilitation Committee shall include to:
(a) implement the National Air Transport
Facilitation Programme;
(b) review questions of policy in relation to
clearance formalities applied to international air
transport services;
(c) consider recommendations made by Airport
Facilitation Committees established at
international airports; and, in turn, refer matters
to Airport Transport Facilitation Committees
for attention;
(d) make recommendations to the departments,
competent authorities and other organisations
concerned with the National Air Transport
Facilitation Programme; and
(e) keep the departments, competent authorities
and other organisations concerned informed of
significant developments in the field of

Programme; and
(e) keep the departments, competent authorities
and other organisations concerned informed of
significant developments in the field of

Civil Aviation Act _____________________ [CAP. 80 R.E 2020]
25
international civil aviation in so far as they
affect operations into and out of the United
Republic. [s.24]
Compositi
on of
National
Air
Transport
Facilitation
Committee
Act No. 5 of 2002
Sch. 18. The National Air Transport Facilitation
Committee shall be composed of senior officials
representing the main interests concerned with facilitation,
clearance agencies (immigration, customs, public health,
agriculture, security and narcotics control), tourism, trade,
Ministry responsible for Civil Aviation, Ministry
responsible for Foreign Affairs and operators including
ground handling service providers and forwarders, as
required. [s.25]
Every
Internation
al Airport
to have
Airport
Facilitation
Committee
Act No. 5 of 2002
Sch. 19. There shall be Airport Facilitation Committees
at every international airport in the United Republic. [s.26]
Functions
of Airport
Facilitation
Committee
at the
airport
level
Act No. 5 of 2002
Sch. 20.

every international airport in the United Republic. [s.26]
Functions
of Airport
Facilitation
Committee
at the
airport
level
Act No. 5 of 2002
Sch. 20.

Functions of the Airport Facilitation
Committee shall include to-
(a) implement the National Air Transport
Facilitation Programme at the airport level;
(b) examine problems arising in connection with
the clearance of aircraft, passengers, baggage,
cargo, mail and stores and to effect, if possible,
immediate solutions to the problems which may
arise at the international airport concerned;
(c) make recommendations, as appropriate, to the
department, ministry or authority concerned, or
to the National Air Transport Facilitation
Committee for the implementation of proposals
which cannot be effected by the Air Transport
Facilitation Committee; and

nal Air Transport Facilitation
Committee for the implementation of proposals
which cannot be effected by the Air Transport
Facilitation Committee; and

Civil Aviation Act _____________________ [CAP. 80 R.E 2020]
26
(d) inform the National Air Transport Facilitation
Committee of action taken and
recommendations made by forwarding copies
of the minutes of all Committee meetings. [s.27] [s.27]
PART VIII
MISCELLANEOUS PROVISIONS
Applicatio
n of Act
and
regulations
21. The provisions of this Act and any
regulations made under it shall, except where expressly
excluded under this Act or such regulations, apply to all:
(a) aircraft while in or over any part of the United
Republic; and
(b) Tanzanian aircraft and the crews and other
persons on board or doing anything in relation
to a Tanzanian aircraft. [s.28]
Jurisdictio
n of courts
over acts
done
within
United
Republic
22. Any act done in contravention of this Act or
regulations made under it or any offence committed in or
over an area within the jurisdiction of the United Republic
or any offence committed on a Tanzanian aircraft, shall be
tried in any court having competent jurisdiction in the
United Republic. [s.29]
Revocation
and
suspension
of
certificates
Act No
13 of 2016
s. 6
23.

e
tried in any court having competent jurisdiction in the
United Republic. [s.29]
Revocation
and
suspension
of
certificates
Act No
13 of 2016
s. 6
23.

Where the Director-General has reasonable grounds to
believe that any person has violated this Act, he may make
an order to prohibit, suspend, revoke or vary the privileges
of a licence, certificate or any other authorization issued by
the Authority to that person. [s. 19A]
Inspection
Act No. 13 of 2016
s. 6
24. For the purpose of ensuring aviation safety,
security, consumer protection and for any other reasons for
which the Authority is established, the Authority shall
have unrestricted access to inspect-
(a) any aircraft in Tanzanian territory regardless of
its state of registry;

is established, the Authority shall
have unrestricted access to inspect-
(a) any aircraft in Tanzanian territory regardless of
its state of registry;

Civil Aviation Act _____________________ [CAP. 80 R.E 2020]
27
(b) Tanzania registered aircraft wherever it may be;
(c) flight compartment;
(d) aerodrome used for civil aviation operations;
(e) facilities and aircraft accident sites;
(f) premises of any regulated agent or premises of
the holder of an air service license, certificate,
authorization; or
(g) other approval document issued by the
Authority or any records, information and
explanation. [s.19B]
Delegation
of powers
by
Director-
General
25.-(1) The Director-General may by writing under
his hand, either generally or specifically, delegate to such
officer or officers all or any of the powers exercised by
him under any written law. (2) Subject to any general or specific direction
given or condition attached by the Director-General, the
officer to whom any power is delegated under this section
may exercise those powers in the same manner and with
the same effect as if it has been conferred on him directly
by this section and not by delegation. (3) Every person purporting to act pursuant to any
delegation under this section shall be presumed to be
acting within the terms of the delegation in the absence of
proof to the contrary.

rsuant to any
delegation under this section shall be presumed to be
acting within the terms of the delegation in the absence of
proof to the contrary.

(4) Any delegation under this section may be made
to a specified officer or to officers of a specified category,
or may be made to the holder or holders, of a specified
office or class of offices. (5) Every delegation under this section shall be
revocable at will, and no such delegation shall prevent the
exercise of any power by the Director-General. (6) Any such delegation shall, until revoked,
continue in force according to its tenure, notwithstanding
the fact that the Director-General by whom it was made
may have ceased to hold office, and shall continue to have
effect as if made by the person holding an office as
Director-General. [s.30]

m it was made
may have ceased to hold office, and shall continue to have
effect as if made by the person holding an office as
Director-General. [s.30]

Civil Aviation Act _____________________ [CAP. 80 R.E 2020]
28
Liability of
directors
and
officers of
corpora-
tions
26. Where an offence under this Act or under
subsidiary legislation made under this Act has been
committed by a body corporate, every person who at the
time of the commission of the offence was a Director,
General Manager, Secretary or other similar officer of the
body corporate, or was purporting to act in any such
capacity, shall be deemed to be guilty of that offence
unless he proves that the offence was committed without
his consent or connivance or that he exercised all such
diligence to prevent the commission of the offence as he
ought to have exercised having regard to the nature of his
functions in that capacity and to all circumstances. [s.31]
State
aircraft 27. Any regulations made under this Act may, if
they so expressly provide or if the Minister so directs by
order published in the Gazette apply to State aircraft or to
any class or classes of state aircraft. [s.32]
Regulation
s may
empower
making of
subsidiary
legislation
28.

the Gazette apply to State aircraft or to
any class or classes of state aircraft. [s.32]
Regulation
s may
empower
making of
subsidiary
legislation
28.

Any regulations made under this Act, may
provide for the empowering of such authorities or persons
as may be specified in the regulations to make orders,
notices proclamations, regulations, or to give instructions
for any of the purposes for which such regulations are
Authorized by this Act to be made, and may contain such
incidental and supplementary provisions as appear to the
Minister to be necessary or expedient. [s.33]
PART IX
THE TANZANIA CIVIL AVIATION AUTHORITY
Establishm
ent of
Authority
Act No. 10 of 2013
s. 6
29.-(1) There is hereby established a body to be
known as the Tanzania Civil Aviation Authority also
known by its acronym “TCAA”. (2) The Authority shall be a body corporate with
perpetual succession and a common seal and shall, in its
corporate name, be capable of -
(a) suing and being sued;

rity shall be a body corporate with
perpetual succession and a common seal and shall, in its
corporate name, be capable of -
(a) suing and being sued;

Civil Aviation Act _____________________ [CAP. 80 R.E 2020]
29
(b) acquiring, holding and disposing of real and
personal property;
(c) borrowing;
(d) exercising the powers and performing the
functions conferred upon it by or under this
Act;
(e) entering into any contract or other transaction,
and doing or suffering to do all such other acts
and things which a body corporate may
lawfully perform, do or suffer to be done. (3) The common seal of the Authority shall be duly
affixed if witnessed under hand by the Director-General or
the Secretary of the Authority and any other person duly
authorized on that behalf. (4) A document in writing recording acts or
decisions of the Authority may be executed or
authenticated on behalf of the Authority under the hand of
the Chairman, the Director-General or the Secretary of the
Authority. (5) Judicial notices shall be taken of the common
seal of the Authority and any document executed or
authenticated in accordance with this section.

y. (5) Judicial notices shall be taken of the common
seal of the Authority and any document executed or
authenticated in accordance with this section.

(6) Notwithstanding the preceding provisions of
this section, and the Authority having the status of a body
corporate, the Attorney-General shall have the right to
intervene in any suit or matter instituted by or against the
Authority. Cap.5
(7) Where the Attorney-General intervenes in any
matter in pursuance of subsection (6), the provisions of the
Government Proceedings Act, shall apply in relation to the
proceedings of that suit or matter as if had been instituted
by or against the Government. [s.4]
Duty of
Authority
Act No. 21of 2003
s.433
Cap.4
s.8
30. It shall be the duty of the Authority that in
carrying out its functions it shall strive to enhance the
welfare of Tanzania society by-
(a) promoting effective competition and
economic efficiency;
(b) protecting the interest of consumers;

to enhance the
welfare of Tanzania society by-
(a) promoting effective competition and
economic efficiency;
(b) protecting the interest of consumers;

Civil Aviation Act _____________________ [CAP. 80 R.E 2020]
30
(c) protecting the financial viability of
efficient suppliers;
(d) Promoting the availability of regulated
services to all consumers including low
income, rural and disadvantaged
consumers;
(e) enhancing public knowledge, awareness
and understanding of the regulated sectors
including-
(i) the rights and obligations of consumers
and regulated suppliers;
(ii) the ways in which complaints and
disputes may be instituted and resolved;
(iii)the duties, functions and activities of the
Authority;
(f) taking into account the need to protect and
preserve the environment. [s.5]
Functions
of
Authority
Acts Nos. 10 of 2013
s. 7
13 of 2016
s.

hority;
(f) taking into account the need to protect and
preserve the environment. [s.5]
Functions
of
Authority
Acts Nos. 10 of 2013
s. 7
13 of 2016
s.

7
31.-(1) The functions of the Authority shall be to -
(a) perform the following -
(i) to issue, renew, vary and cancel air
service licences;
(ii) to establish standards for regulated
goods and regulated services;
(iii)to establish standards for the terms and
conditions of supply of the regulated
goods and services;
(iv) to regulate rates and charges;
(v) to make rules for carrying out the
purposes and provisions of this Act;
(b) monitor the performance of the regulated
suppliers including in relation to -
(i) levels of investment;
(ii) availability, quality and standards of
services;
(iii)the cost of services;
(iv) the efficiency of production and
distribution of services, and
(v) other matters relevant to the Authority;

services;
(iii)the cost of services;
(iv) the efficiency of production and
distribution of services, and
(v) other matters relevant to the Authority;

Civil Aviation Act _____________________ [CAP.

Civil Aviation Act _____________________ [CAP.

80 R.E 2020]
31
(c) facilitate the resolution of complaints and
disputes;
(d) take over and continue carrying out the
functions formerly of the former Authority;
(e) disseminate information about matters relevant
to the functions of the Authority;
(f) consult with other regulatory authorities or
bodies or institutions discharging functions
similar to those of the Authority in the united
Republic and elsewhere;
(g) administer this Act;
(h) plan, develop, regulate and promote operations
of a safe, secure and efficient civil aviation
system;
(i) conduct safety, security and economic
oversight of the aviation industry;
(j) establish and implement the state safety
programme;
(k) establish an acceptable level of safety;
(l) advice the Government on matters concerning
civil aviation;
(m) coordinate search and rescue operations of
aircraft;
(n) deal with acts of unlawful interference;
(o) establish, manage and operate training
institutions for the industry;
(p) plan, develop and formulate the safe, secure
and efficient management of Tanzanian
airspace; and
(q) perform such other functions as may be
conferred on the Authority by this Act or any
other law.

nd efficient management of Tanzanian
airspace; and
(q) perform such other functions as may be
conferred on the Authority by this Act or any
other law.

(2) The Authority in the discharge of its functions
shall not perform its activities in contravention of any
international agreement to which the United Republic is a
party. (3) In the performance of its functions, the
Authority shall not award or cancel an exclusive licence or
a universal service obligation licence without prior

the performance of its functions, the
Authority shall not award or cancel an exclusive licence or
a universal service obligation licence without prior

Civil Aviation Act _____________________ [CAP. 80 R.E 2020]
32
consultation with the Minister. (4) In addition to the preceding provisions of this
section, the Minister may from time to time as occasion
necessitates it, give to the Authority directions of a specific
or general character on specific issues, other than in
relation to the discharge of the regulatory function, arising
in relation to any sector, for the purpose of securing the
effective performance by the Authority of its policy,
functions and compliance with the code of conduct. (5) Any direction given by the Minister in
accordance with sub section (4), shall be in writing and
published in the Government Gazette. (6) In addition to its regulatory functions, the
Authority may provide air navigation and services;
Provided that, it shall not provide aeronautical
meteorological services. (7) In providing air navigation services, the
Authority shall ensure that a clear distinction and
separation between its regulatory and operational functions
is maintained. [s.6]
Establishm
ent of
Board
Act No. 10 of 2013
s.

a clear distinction and
separation between its regulatory and operational functions
is maintained. [s.6]
Establishm
ent of
Board
Act No. 10 of 2013
s.

8
Cap.4
s.8
32.-(1) There is hereby established a Board which
shall be the governing body of the Authority and shall
consist of seven members as follows:
(a) a Chairman and Vice Chairman who shall be
non- executive;
(b) four non-executive members;
(c) the Director-General appointed under section
41
(2) The Chairman and the Vice Chairman shall be
appointed by the President, on the basis of the principle
that where the Chairman hails from a part of the Union,
then the Vice Chairman shall be a person who hails from
the other part of the Union. (3) The four non-executive members shall be
appointed by the Minister. (4) The appointment will be made from the
respective lists of short listed candidates submitted by
Nomination Committee.

be
appointed by the Minister. (4) The appointment will be made from the
respective lists of short listed candidates submitted by
Nomination Committee.

Civil Aviation Act _____________________ [CAP. 80 R.E 2020]
33
(5) In order to maintain impartiality of the
Authority and for the purpose of avoiding conflict of
interest, a person shall not be qualified for appointment as
a member of the Authority if owing to the nature of the
office he holds is likely to exert influence on the Authority. (6) The members of the Board shall be paid such
allowances and fees as may be determined by the Minister
on the advise of the Authority. (7) The provisions of the Schedule to this Act
shall have effects as to the composition of the Board,
tenure of office of its members, terminations of their
appointment, the proceedings of the Board and other
matters in relation to the Board and its members. (8) The Minister shall, pending appointment of
members of the Board and the Director-General, perform
functions and exercise powers vested in the Board and, or
the Director-General.

appointment of
members of the Board and the Director-General, perform
functions and exercise powers vested in the Board and, or
the Director-General.

(9) In the performance of the functions or the
exercise of powers of the Board or of the Director-General,
the Minister may, by order published in the Gazette,
designate a public authority or a public officer to perform
the functions or exercise powers of the Board or the
Director-General. [s.7]
Functions
and powers
of Board
Act No
10 of 2013
s. 9
33.-(1) The Board shall generally be responsible
for ensuring that the performance and management of the
functions and affairs of the Authority are carried out in an
efficient, transparent and ethical manner. (2) Without prejudice to the generality of
subsection (1), the Board shall-
(a) set the Authority`s strategic objectives and
value;
(b) review management performance standards;
(c) ensure that the necessary resources are in place
for the Authority to meet its objectives;
(d) provide public education on the functions and
obligations of the Authority;

ssary resources are in place
for the Authority to meet its objectives;
(d) provide public education on the functions and
obligations of the Authority;

Civil Aviation Act _____________________ [CAP. 80 R.E 2020]
34
(e) determine and set priorities of the general
performance and targets of the Authority;
(f) ensure that measures for the development of
civil aviation are in place and implementable;
(g) consider and advice the Minister on the
development and maintenance of civil aviation
policy framework and such other matters
affecting civil aviation as it considers desirable
in the interest of civil aviation in the United
Republic;
(h) perform such other functions not inconsistent
with this Act as the Minister may direct; and
(i) approve the budget of the Authority.

ted
Republic;
(h) perform such other functions not inconsistent
with this Act as the Minister may direct; and
(i) approve the budget of the Authority.

(3) The Board shall, in the discharge of its
functions under subsections (1) and (2), have powers to-
(a) direct the Director General to furnish it with
any information, reports or other documents
which the Board may require;
(b) give lawful instructions and orders in writing to
the Director General in connection with the
management and performance of the Authority;
(c) approve any organizational structures submitted
by the Director General; and
(d) subject to the approval of the Minister,
determine the terms and conditions of service,
salaries and other allowances including any
other fringe benefits for the Director General
and other directors. [ s.27A]
Nomina-
tion
Committee
34.-(1) There is hereby established a Nomination
Committee which shall be comprised of -
(a) the Permanent Secretary of the Ministry for the
time being responsible for the Authority, who
shall be the Chairman of the Committee;
(b) two other persons representing the private
sector nominated in accordance with subsection
(2); and
(c) one other person representing the public sector
nominated by the Minister.

ing the private
sector nominated in accordance with subsection
(2); and
(c) one other person representing the public sector
nominated by the Minister.

Civil Aviation Act _____________________ [CAP. 80 R.E 2020]
35
(2) One of the two persons referred to in subsection
(1)(b) shall be nominated from a legally recognized body
representative of private sector interests, and the other
person shall be nominated by the Council. (3) The Council and the body representing private
sector members shall both consult as widely as possible
with industry organization before nominating any person
under subsection (2). (4) The Authority shall pay all such allowances,
fees, and any other expenses incurred by the Nomination
Committee, consultants or any other person in the course
of his duties to the Authority, as it may be approved by the
Minister from time to time. (5) The Schedule to this Act shall apply mutatis
mutandis in relation to the proceedings and other matters
by the Nomination Committee. [s.8]
Functions
of
Nomina-
tion
Committee
35.-(1) The functions of the Nomination
Committee shall be to invite applications, scrutinizing and
short listing of persons who apply for appointment as
members of the Board of Directors and Director-General
of the Authority.

tions, scrutinizing and
short listing of persons who apply for appointment as
members of the Board of Directors and Director-General
of the Authority.

(2) The Nomination Committee may take such
actions as are reasonably necessary to identify and attract
the best candidates by advertising. (3) Omitted. (4) The Nomination Committee shall submit to the
Minister-
(a) five names of persons to be forwarded to the
President, by the Minister, to be considered for
appointments as Chairman and Vice Chairman;
(b) eight names of persons to be considered for
appointment as members of the Authority;
(c) three names of persons to be considered for
appointment as the Director-General. [s.9]
Code of
conduct 36.-(1) Within the first twelve months from the
commencement of this Act, the Authority shall adopt a

t as the Director-General. [s.9]
Code of
conduct 36.-(1) Within the first twelve months from the
commencement of this Act, the Authority shall adopt a

Civil Aviation Act _____________________ [CAP. 80 R.E 2020]
36
code of conduct prescribing standards of behaviour to be
observed by the members and employees of the Authority
in the performance of their duties. (2) Subject to subsection (1), before finally
adopting a code of conduct the Authority shall -
(a) publish a draft of the code in the Gazette and in
the Public Register; and
(b) hold an inquiry. (3) The Authority shall place on the Public Register
a copy of its code of conduct and shall include in it an
annual report on compliance with the code. (4) The code of conduct adopted or prescribed
under this section shall be binding to the members and
employees of the Authority and may be amended from
time to time. [s.10]
Conflicts
of interest 37.-(1) A member or employee of the Authority
shall be considered to have a conflict of interest for the
purposes of this Act, if he has or acquires any pecuniary or
other interest that could conflict with the proper
performance by that person of his duties or functions as a
member or employee of the Authority.

or
other interest that could conflict with the proper
performance by that person of his duties or functions as a
member or employee of the Authority.

(2) Where at any time a member of the Authority
has a conflict of interest in relation to -
(a) any matter before the Authority for
consideration or determination; or
(b) any matter the Authority could reasonably
expect might come before it for
consideration or determination, the member
shall immediately disclose the conflict of
interest to the other members of the
Authority and refrain from taking part, or
any further part, in the consideration or
determination of the matter. (3) Where the Authority becomes aware that a
member has a conflict of interest in relation to any matter
which is before the Authority, the Board shall direct the
member to refrain from taking part, or taking any further
part, in the consideration or determination of the matter.

ority, the Board shall direct the
member to refrain from taking part, or taking any further
part, in the consideration or determination of the matter.

Civil Aviation Act _____________________ [CAP. 80 R.E 2020]
37
(4) Upon the Board becoming aware of any conflict
of interest it must make a determination as to whether in
future the conflict is likely to interfere significantly with
the proper and effective performance of the functions and
duties of the member or the Authority, and the member
with the conflict of interest shall not vote on this
determination. (5) When the Authority determines that the conflict
is likely to interfere significantly with the member's proper
and effective performance as provided for in subsection
(4), the member shall resign, except if within the next
thirty days the member eliminates the conflict to the
satisfaction of the Board. (6) The Authority shall report to the Minister any
determination by the Authority that a conflict is likely to
interfere significantly with the effective performance of the
functions and duties of the member or the Authority. (7) The annual report of the Authority shall
disclose details of all conflicts of interest and the
determinations arising therefrom.

or the Authority. (7) The annual report of the Authority shall
disclose details of all conflicts of interest and the
determinations arising therefrom.

(8) A member or employee of the Authority who is
subject to this
Act shall be considered to have breached the code if -
(a) he fails without reasonable cause to make
declarations of his interests as required; or
(b) he knowingly makes a declaration false or
misleading in material particulars thereby
affecting the decision,
that person shall be guilty of an offence the effect of which
will be resigning from office. [s.11]
Removal
of
members
Act No
10 of 2013
s. 10
38. The President may, acting upon any advice
given by the Minister, remove a member from office at any
time if-
(a) the member is declared bankrupt;
(b) the member is convicted of a criminal offence;
(c) the Minister, acting pursuant to subsection (6)
of section 37, has recommended for his
removal;

(b) the member is convicted of a criminal offence;
(c) the Minister, acting pursuant to subsection (6)
of section 37, has recommended for his
removal;

Civil Aviation Act _____________________ [CAP. 80 R.E 2020]
38
(d) the member is incapable of carrying out the
member's duties because of ill health or
physical or mental impairment; and
(e) without excuse the member fails to attend at
least two thirds of all meetings of the Authority
in a period of consecutive twelve months. [s.12]
Director
General 39.-(1) There shall be a Director-General of the
Authority who shall be appointed by the Minister, from
amongst a list of names submitted by the Nomination
Committee. (2) A person shall not be qualified for appointment
as Director-General unless he -
(a) is a graduate of a recognized University;
(b) possesses at least ten years experience in
one or more of the field of management,
aeronautics, law, economics, finance or
engineering;
(c) has knowledge and experience of the air
transport sectors; and
(d) is willing to serve as the Director-General;
(3) The Director-General shall be appointed to
serve on such terms and conditions as shall be set out in
the letter of his appointment or as may from time to time
be determined by the Board of Directors with the approval
of the Minister.

all be set out in
the letter of his appointment or as may from time to time
be determined by the Board of Directors with the approval
of the Minister.

(4) The Director-General shall also be the chief
executive officer of the Authority and shall not engage in
any other paid employment. (5) The Director-General shall not participate in
any deliberations or decisions of the Board relating to his
terms and conditions of employment. (6) The Director-General shall be responsible for
the day-to-day operations of the Authority, subject to the
directions of the Board. [s.13]
Specific
functions
of
Director-
General
40.-(l) Notwithstanding this Act and any other
written law for the time being in force, the Director-
General shall specifically be responsible for the discharge
of duties that are necessary for the purpose of :

r the time being in force, the Director-
General shall specifically be responsible for the discharge
of duties that are necessary for the purpose of :

Civil Aviation Act _____________________ [CAP. 80 R.E 2020]
39
Act No. 10 of 2013
s. 11
(a) giving effect to the Chicago Convention and
other international agreements relating to
civil aviation;
(b) providing for the control, regulation and
orderly development of civil aviation; and
(c) implementing the national civil aviation
policy.

viation;
(b) providing for the control, regulation and
orderly development of civil aviation; and
(c) implementing the national civil aviation
policy.

(2) Without prejudice to subsection (1), the
Director-General shall perform such functions as are
necessary to realize the following objectives:
(a) maintenance of an orderly air transport
system in the United Republic;
(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, except that for aeronautical
meteorological personnel, it shall do so in
collaboration with the designated
meteorological authority;
(f) ensurance of the integrity of the systems,
equipment and facilities of his office;
(g) sustainability of services maintained by
operating in a prudent and businesslike
manner, adapting continuous improvement
and quality management policies;
(h) ensuring safety and security of the aviation
system;
(i) promulgation of manual of aviation
standards; and
(j) production of accurate, timely,
comprehensive and relevant air transport
information for planning and decision
making purposes. (3) Omitted. [14]

(j) production of accurate, timely,
comprehensive and relevant air transport
information for planning and decision
making purposes. (3) Omitted. [14]

Civil Aviation Act _____________________ [CAP. 80 R.E 2020]
40
Directors,
consultants
and other
staff
41.-(1) There shall be employed by the Authority,
Divisional Directors each with responsibilities for a
particular air transport sector. (2) The Authority shall appoint a person as
Divisional Director only if he shall have provable
knowledge and appropriate experience in relation to the
relevant sector. (3) A Divisional Director appointed under
subsection (2) shall serve the Authority for a term of five
years and may be re-appointed for such term or terms as
the Authority deems fit. (4) There shall be employed by the Authority such
other officers, staff and employees of the Authority of such
number and titles as may be necessary for the efficient
discharge of the functions of the Authority, and on such
terms and conditions as may be determined by the Board. (5) The Authority may appoint consultants and
experts of the Authority in various disciplines on such
terms and conditions as the Authority may from time to
time determine. (6) The Authority shall establish a competitive
selection procedure for the appointment of all employees,
consultants and experts.

to
time determine. (6) The Authority shall establish a competitive
selection procedure for the appointment of all employees,
consultants and experts.

(7) The Authority shall comply with the
competitive selection procedure established under
subsection (6) whenever it appoints employees, consultants
or experts. (8) The Authority shall appoint a person as
Secretary on such terms and conditions as provided for in
the Schedule. [s.15]
PART X
POWERS AND PROCEEDINGS OF THE AUTHORITY
General
powers 42.-(1) Subject to the provisions of this Act, the
Authority shall have power to do all things which are
necessary for or in connection with the performance of its
functions or to enable it to discharge its duties. (2) Without limiting the powers conferred under

ry for or in connection with the performance of its
functions or to enable it to discharge its duties. (2) Without limiting the powers conferred under

Civil Aviation Act _____________________ [CAP. 80 R.E 2020]
41
subsection (1), the Authority shall also have –
(a) powers as may be conferred under this Act,
and
(b) powers to appoint an administrator to
manage the business of a regulated supplier
whose licence to operate has been
cancelled. [s.16]
Powers to
set rates
and
charges
43.-(1) The Authority shall carry out reviews of
rates and charges. (2) In making any determination, setting rates and
charges, including maximum rates and charges, or
establishing the method for determination of such rates and
charges, the Authority shall have regard to-
(a) the costs of making, producing and
supplying the goods or services;
(b) the desire to promote competitive rates and
attract the market;
(c) any relevant benchmarks including
international benchmarks for prices, costs
and return on assets in comparable
industries;
(d) the financial implications of the
determination;
(e) the consumer and investor interest;
(f) the return on assets in the regulated sector;
and
(g) any other factors the Authority considers
relevant. (3) The Authority shall publish in the Government
Gazette all the rates tariffs and charges regulated by the
Authority.

Authority considers
relevant. (3) The Authority shall publish in the Government
Gazette all the rates tariffs and charges regulated by the
Authority.

[s.17]
Power to
obtain
informa-
tion,
documents
and
evidence
44.-(1) Where the Authority has reasons to believe
that a person is capable of supplying information,
producing a document or giving evidence that may assist
in the performance of any of its functions, a member of the
Authority may, by summons signed by the Chairman or

ent or giving evidence that may assist
in the performance of any of its functions, a member of the
Authority may, by summons signed by the Chairman or

Civil Aviation Act _____________________ [CAP. 80 R.E 2020]
42
Secretary of the Authority served on that person, require
that person to –
(a) furnish the information in writing signed by
him, in the case of a body corporate, signed
by a competent officer of the body
corporate;
(b) produce the document to the Authority;
(c) appear before the Authority to give evidence
(2) A summons under this section shall specify the
required time and manner of compliance. (3) The Authority may require that any evidence
referred to under this section be given on oath or
affirmation, and in that case, the Chairman, the Secretary
or any member of the Authority may administer the oath or
affirmation. Cap.285
(4) Any person shall not be excused from
complying with summons under this section on the
grounds that compliance may tend to incriminate the
person or make the person liable to a penalty, save that
information, documents and evidence provided in answer
to a summons will not be admissible in any proceedings
against the person other than proceedings under this Act,
the Fair Competition Act, or any environment protection
legislation.

ible in any proceedings
against the person other than proceedings under this Act,
the Fair Competition Act, or any environment protection
legislation.

(5) Any person who without lawful excuse refuses
or fails to comply with a summons under this section,
commits an offence and is liable on conviction to a fine of
not less than the equivalent in Tanzanian shillings of
United States dollars five hundred or to imprisonment for a
term not less than six months or both such fine and
imprisonment. (6) Where the Authority has reason to believe that a
person is in possession or control of any information or
document which may assist in the performance of its
functions and that person has refused or failed to supply
such information or document, the Chairman, Secretary or
a member of the Authority may apply to the Fair
Competition Tribunal or competent court for issuance of a
warrant authorizing a police officer to enter into any

f the Authority may apply to the Fair
Competition Tribunal or competent court for issuance of a
warrant authorizing a police officer to enter into any

Civil Aviation Act _____________________ [CAP. 80 R.E 2020]
43
premises believed to contain or into which a document is
kept or hidden and conduct search and make copies or take
extracts of documents therein. (7) On application under subsection (6), the
Chairman of the Tribunal or any authorized person may,
issue a warrant authorizing any police officer to forcibly
enter the premises to conduct the search and make copies
or take extracts of documents therein. (8) Any person, who knowingly gives false or
misleading information or evidence in purported
compliance with a summons under this section, commits
an offence. [s.18]
Power to
hold
inquiries
Cap. 4
s. 8
45.-(1) The Authority may conduct an inquiry
where it considers it necessary or desirable for the purpose
of carrying out its functions. (2) The Authority shall conduct an inquiry before
exercising power to -
(a) grant, renew or cancel a licence with an
exclusivity period or universal service
obligation;
(b) regulate any rates or charges; and
(c) adopt a code of conduct.

ew or cancel a licence with an
exclusivity period or universal service
obligation;
(b) regulate any rates or charges; and
(c) adopt a code of conduct.

(3) Where the Minister directs by notice in writing
that an inquiry be conducted, on any specified subject
matter of the inquiry, the Authority shall conduct the
inquiry. (4) The Minister may specify in a direction under
subsection (3) a time within which the Authority shall
submit its report following the inquiry and if so, the
Authority shall submit its report to the Minister within that
time. (5) The Authority shall give notice of an inquiry
by -
(a) publishing a notice in the Gazette and in a
daily newspaper circulating generally in the
United Republic specifying the purpose of
the inquiry, the time within which
submissions may be made to the Authority,

er circulating generally in the
United Republic specifying the purpose of
the inquiry, the time within which
submissions may be made to the Authority,

Civil Aviation Act _____________________ [CAP. 80 R.E 2020]
44
the form in which submissions should be
made, the matters the Authority would like
the submissions to deal with and, in the case
of an inquiry conducted at the direction of
the Minister, the Minister's terms of
reference;
(b) sending written notice of the inquiry,
including the information in paragraph (a),
to -
(i) service providers known to the
Authority whose interests the
Authority considers are likely to be
affected by the outcome of the
inquiry;
(ii) the Consumer Consultative Council;
(iii) industry and consumer
organizations which the Authority
considers may have an interest in the
matter;
(iv) the Minister and other Ministers
having interest in the matter. (6) The Minister shall, by order published in the
Gazette make rules for conducting inquiries under this
section.

sters
having interest in the matter. (6) The Minister shall, by order published in the
Gazette make rules for conducting inquiries under this
section.

[ s.19]
Competi-
tion policy
and
contraventi
on of law
on
compete-
tion
46.-(1) In carrying out its functions and exercising
its powers under
this Act, the Authority shall take into account -
(a) whether the conditions for effective
competition exist in the market;
(b) whether any exercise by the Authority is
likely to cause any lessening of competition
or additional costs in the market and likely
to be detrimental to the public; or
(c) whether any such detriments to the public
are likely to outweigh any benefits to the
public resulting from the exercise of the
powers.

public; or
(c) whether any such detriments to the public
are likely to outweigh any benefits to the
public resulting from the exercise of the
powers.

Civil Aviation Act _____________________ [CAP. 80 R.E 2020]
45
(2) The Authority shall deal with all competition
issues which may arise in the course of the discharge of the
functions, and may investigate and report on those issues,
making appropriate recommendations to the Tanzania
Bureau of Standards, the Fair Competition Commission or
any other relevant authority in relation to-
Cap. 285
Cap. 130
(a) any contravention of the Fair Competition
Act, the Standards Act, or any other written
law;
(b) actual or potential competition in any
market for regulated services competition or
additional costs in the market and is likely
to be detrimental to the public;
(c) any detriments likely to result to the
members of the public. (3) Subject to the provisions of subsections (1)
and (2), the Authority shall place on the Public Register a
copy of any recommendation. [s.20]
Authority
may sit in
Committee
47.-(1) There may be established in relation to a
matter or matters of a particular kind, a Committee of the
Authority composed of not less than two members of the
Board.

established in relation to a
matter or matters of a particular kind, a Committee of the
Authority composed of not less than two members of the
Board.

(2) The Authority may direct that some of its
powers in relation to a matter or matters of a particular
kind, other than powers the Authority may not delegate
under section 48, be exercised by a Committee of the
Authority. (3) Subject to the provisions of subsection (1), if
the Chairman is not a member of a Committee, the
Committee shall appoint a member to preside at the
meetings of the Committee. (4) A quorum at the meeting of a Committee shall
be two members. (5) Except as provided for in this section, meetings
of a Committee shall be subject to the same rules as the
meeting of the Authority. [s.21]

embers. (5) Except as provided for in this section, meetings
of a Committee shall be subject to the same rules as the
meeting of the Authority. [s.21]

Civil Aviation Act _____________________ [CAP. 80 R.E 2020]
46
Delegation 48.-(1) The Authority may delegate to a member
or an employee of the Authority, either generally or
otherwise as provided by the instrument of delegation, any
of its powers other than the power of delegation, its powers
to revoke or vary a delegation and the powers referred to in
subsection (2). (2) Notwithstanding the powers conferred to the
Authority to delegate, the Authority shall not delegate any
of the following powers, namely power to-
(a) grant, renew or cancel a licence with an
exclusivity period or universal service
obligation;
(b) make any rule or declaration;
(c) fix the method of calculating and reviewing
of rates and charges;
(d) make a decision to hold an inquiry;
(e) adopt a report on the results of an ' inquiry,
(f) adopt a code of conduct; and
(g) such other matters as the Minister may by
notice in the Gazette determine.

report on the results of an ' inquiry,
(f) adopt a code of conduct; and
(g) such other matters as the Minister may by
notice in the Gazette determine.

[s.22]
Consulta-
tion with
consumers,
industry
and
govern-
ment
49.-(1) The Authority shall, before the beginning of
each year, establish an annual programme for consultation
with such persons and organisations as the Authority may
consider necessary or desirable to consult for the purpose
of effectively carrying out its functions. (2) Subject to provisions of subsection (1), the
Authority shall supply copy of its consultation programme
to the Minister and place a copy on the Public Register. (3) The Authority shall include in its annual report
a report on the implementation of its consultation
programme during the year covered by the Report. (4) For the purpose of this section, it shall be the
duty of the Authority to establish and identify the persons,
organizations and institutions to be consulted. [s.23]
Public
Register
Cap. 4
s. 8
50.-(1) There shall be a Public Register kept by
the Authority at its principal office, which shall be
available for public inspection at all times during business
hours.

be a Public Register kept by
the Authority at its principal office, which shall be
available for public inspection at all times during business
hours.

Civil Aviation Act _____________________ [CAP. 80 R.E 2020]
47
(2) There shall be kept at the sub-office of the
Authority copies of the Public Register which shall be
accessible for inspection by members of the public. (3) The Authority shall from time to time determine
the categories of decisions and information which would
be placed on the Public Register and will notify the
Minister accordingly. (4) The Authority shall cause to be published in
the Gazette as soon as may be practicable -
(a) any code of conduct to be adopted;
(b) any rules or regulations;
(c) a summary of any decision by the Authority
setting rates or charges for the regulated
goods or services; and
(d) any other decision or information the
Authority may decide to publish in the
Gazette. (5) The Authority shall exclude from the Public
Register any document or part of a document which is
confidential within the provisions of this section. (6) The Authority shall ensure that where possible
the Register shall be accessible to the public by internet.

within the provisions of this section. (6) The Authority shall ensure that where possible
the Register shall be accessible to the public by internet.

[s.24]
Confidenti-
ality 51-(1) For the purposes of this Act, any person
who gives or discloses any material to the Authority,
whether under compulsion of law or otherwise, that person
may claim confidentiality in respect of the whole or any
part of the material. (2) The Authority shall set out procedures and
publish in the Gazette on how it will disclose its
confidential materials or information. (3) Any person who discloses confidential
information otherwise than as authorised by the Authority,
commits an offence. [s.25]

erials or information. (3) Any person who discloses confidential
information otherwise than as authorised by the Authority,
commits an offence. [s.25]

Civil Aviation Act _____________________ [CAP. 80 R.E 2020]
48
PART XI
REVIEW AND APPEALS PROCEDURES
Review
Panel 52.-(1) The Authority shall establish a Review
Panel which shall at all times consist of -
(a) two persons who have experience in law for
at least ten years; and
(b) two persons who are graduates of a
recognized university, each having at least
ten years of experience in one or more of
the fields of aeronautics, economics,
finance, engineering or management. (2) The Authority shall appoint the members of the
Review Panel for a term not exceeding five years on such
terms and conditions, as the Authority shall deem fit, and
shall fill any vacancy on the Panel as soon as is reasonably
practical after the vacancy occurs. [s.26]
Decision
made
under
delegated
power
Act No
4 of 2013
s. 49
53.-(1) Any person aggrieved by any decision made
on behalf of the Authority under delegated power by -
(a) a Committee of the Authority; or
(b) one or more members or employees of the
Authority, may, within fourteen days after
receipt of the record of the decision apply to
the Authority for it to review the decision in
question.

the
Authority, may, within fourteen days after
receipt of the record of the decision apply to
the Authority for it to review the decision in
question.

(2) Upon receipt of an application under
subsection (1), the Authority shall appoint an Internal
Review Committee which shall consist of -
(a) two members of the Review Panel, one of
whom shall be a lawyer and another shall be
qualified in the field of the subject of the
application;
(b) one member of the Board who did not
participate in the decision which is the
subject of the application. (3) The Internal Review Committee shall deliver or
send by registered post a copy of the application for review
and a written invitation to make submissions on the

nal Review Committee shall deliver or
send by registered post a copy of the application for review
and a written invitation to make submissions on the

Civil Aviation Act _____________________ [CAP. 80 R.E 2020]
49
application to the following persons -
(a) the Minister;
(b) all persons who make submissions to the
Authority in relation to the decision under
review or who have otherwise indicated to
the Authority an interest in the decision;
(c) the Consumer Consultative Council; and
(d) any other persons whom the Committee
considers should receive notice of the
application. (4) The Internal Review Committee shall allow
not less than twenty one days for submissions to be made
in relation to the application for review. (5) Subject to this section, the Internal Review
Committee shall determine its own procedure and shall not
be bound by the rules of evidence. (6) The Internal Review Committee may
recommend to the Authority to-
(a) dismiss the application;
(b) set aside the original decision and make a
different decision;
(c) vary the decision; or
(d) set aside the decision and delegate the
matter to a Committee or one or more
members or officers of the Authority for a
fresh decision without directions as to ways
in which that decision will be made.

Committee or one or more
members or officers of the Authority for a
fresh decision without directions as to ways
in which that decision will be made.

(7) The Authority shall make a determination on
the recommendation by the Internal Review Committee by
a vote of the majority of its members and may either
confirm, vary or dismiss the decision subject of review. [s.27]
Decision
of
Committee
to be
placed on
Public
Register
54.-(1) A decision by a Committee of the
Authority, a member or members or employees of the
Authority shall, if there is no application for its review in
pursuance of section 52, be placed on the Public Register. (2) Where there is an application for review of a
decision of the Committee of the Authority or of a member

tion 52, be placed on the Public Register. (2) Where there is an application for review of a
decision of the Committee of the Authority or of a member

Civil Aviation Act _____________________ [CAP. 80 R.E 2020]
50
or employees of the Authority, that decision shall not be
placed on the Public Register until the application for
review or the appeal to the Fair Competition Tribunal, as
the case may be, is determined. [s.28]
Appeal to
Competi-
tion
Tribunal
against
Decisions
of
Authority
55.-(1) Any person aggrieved by the decision of the
Internal Review Committee or any other decision made in
connection to the purposes of this Act may appeal to the
Fair Competition Tribunal.
(2) Subject to the provisions of the subsection (1),
the grounds of appeal shall be on the following-
(a) the decision made was not based on
evidence produced;
(b) there was an error in law;
(c) the procedures and other statutory
requirements applicable to the Authority
were not complied with and the non-
compliance materially affected the
determination; and
(d) the Authority did not have power to make
the determination.
(3) Notwithstanding the provisions of sections 53
and 54, the decision of the Fair Competition Tribunal shall
be final. [s.29]

make
the determination.
(3) Notwithstanding the provisions of sections 53
and 54, the decision of the Fair Competition Tribunal shall
be final. [s.29]

Civil Aviation Act _____________________ [CAP. 80 R.E 2020]
51
PART XII
THE COUNCIL
Establish-
ment
of Council
56.-(1) There is hereby established a Council to be
known as the Tanzania Civil Aviation Authority Consumer
Consultative Council. (2) The Council shall consist of not less than five
and not more than ten members appointed by the Minister
from amongst a list of names provided by members of the
business community or by an organization or organizations
legally recognized as being representative of private sector
interest. (3) Before making the appointments of members
pursuant to subsection (2), the Minister shall by notice
published in the Gazette and in any newspaper or
newspapers circulating widely in the country invite
nominations for appointments and having received them
publish the names and call for comments, objections or
representations from the public concerned.

ominations for appointments and having received them
publish the names and call for comments, objections or
representations from the public concerned.

(4) In nominating and appointing persons for the
Council, the members of the private sector and the
Minister shall have regard to the desirability of the Council
as a group having knowledge and understanding of the
interests of consumers and that of the regulated services,
including the interest of -
(a) low income, rural and disadvantaged
persons;
(b) industrial and business users; and
(c) government and community organizations. (5) The Council shall make its own rules for
regulating its procedures and other matters relating to its
functions. (6) The Minister shall appoint the Chairman and
the members shall elect the Vice Chairman from amongst
themselves. [s.30]

s relating to its
functions. (6) The Minister shall appoint the Chairman and
the members shall elect the Vice Chairman from amongst
themselves. [s.30]

Civil Aviation Act _____________________ [CAP. 80 R.E 2020]
52
Powers
and
functions
of Council
57.-(1) The Council shall have powers and perform
the following functions, namely –
(a) to represent the interest of consumers by
making submissions to, providing views
and information to and consulting with the
Authority, and the Minister;
(b) to receive and disseminate information and
views on matters of interest to consumers of
regulated goods and services;
(c) to establish local, and regional consumer
committees and consult with them; and
(d) to consult with industry, government and
other consumer groups on matters of
interest to consumers of regulated goods
and services. (2) The Authority shall in the first three years of the
existence of the Council provide for the secretariat
functions of the Council, and thereafter the Council shall
maintain its own Secretariat. (3) The Council shall have power to regulate its
own procedure in relation to the performance of its
business. (4) Subject to subsections (1), (2) and (3), the
Chairman in consultation with the members may convene
meetings at least four times a year.

business. (4) Subject to subsections (1), (2) and (3), the
Chairman in consultation with the members may convene
meetings at least four times a year.

(5) The Chairman shall preside at meetings of the
Council and in his absence members present may appoint
one of their members to preside at the meeting. (6) A quorum at a meeting of the Council shall be
three members. [s.31]
Funds of
council
and annual
report
58.-(1) The funds and resources of the Council
shall consist of –
(a) such sums as may be appropriated by
Parliament for the purposes of the Council
during the first three years of the and
existence of the Council;

–
(a) such sums as may be appropriated by
Parliament for the purposes of the Council
during the first three years of the and
existence of the Council;

Civil Aviation Act _____________________ [CAP. 80 R.E 2020]
53
(b) such sums as may be appropriated from the
funds of the Authority for the purposes of
the Council; and
(c) grants, donations, bequests or other
contributions. (2) The Council shall prescribe procedure for
enabling members of the business community and
organizations representative of the private sector to
contribute to and budget for all the meetings and
transactions of the Council. (3) The Council shall keep books of accounts and
maintain proper records of its operations in accordance
with commercial accounting standards. Cap.286 (4) The Council shall at any time, and at the end
of each financial year have the accounts of the Council
audited by a person registered under the Auditors and
Accountants (Registration) Act, appointed by the Council
on such terms and conditions as the Council may
determine. (5) The Council shall prepare an annual report in
relation to each year ended 30th June and submit it to the
Minister before 30th November in that year.

) The Council shall prepare an annual report in
relation to each year ended 30th June and submit it to the
Minister before 30th November in that year.

(6) The annual report shall provide detailed
information regarding the activities of the Council during
the previous year ended 30th June and any additional
information requested by the Minister. (7) Within 28 days of its receipt or on the first
sitting day thereafter, the Minister shall table in the
National Assembly the annual report of the Council. (8) Subject to subsection (5), the annual report of
the Council shall include the financial statements of the
Council for the immediately preceding financial year and
the auditor's report based on the aforementioned financial
statements. (9) The Council shall prepare a budget and submit
to the Minister for approval before the end of each
financial year for the following financial year showing
estimates of its receipts and expenditures for the following
financial year.

e the end of each
financial year for the following financial year showing
estimates of its receipts and expenditures for the following
financial year.

Civil Aviation Act _____________________ [CAP. 80 R.E 2020]
54
(10) At the Authority's request, the Council shall
commission any person to assess and report on the extent
to which the budget represents a fair and reasonable
projection of the income and expenditure of the Council
for the relevant year and shall submit that report to the
Minister. [s.32]
PART XIII
COMPLAINTS AND DISPUTE RESOLUTION
Complaints 59.-(1) This section shall apply to any complaint
against a supplier of regulated goods or services in relation
to any matter connected with the supply, possible supply or
purported supply of the goods or services. (2) Where a complaint is referred to or otherwise
comes to the attention of the Authority and it appears to
the Authority that -
(a) the complainant has an interest in the matter
to which the complaint relates; and
(b) the complaint is not frivolous or vexatious,
the Authority shall investigate the matter.

nterest in the matter
to which the complaint relates; and
(b) the complaint is not frivolous or vexatious,
the Authority shall investigate the matter.

(3) Where it appears to the Authority at any time
during or after its investigation that the supplier has not
considered the complaint, or has not considered it
adequately, the Authority may refer the complaint to the
supplier with a request that the supplier should consider or
re-consider the complaint. (4) The Authority may make representations to
the supplier on behalf of the complainant or to the
complainant on behalf of the supplier as the Authority sees
fit. (5) Subject to the provisions of this Act, if a
complaint is not resolved to the satisfaction of a
complainant within sixty days after the Authority first
became obliged to investigate it, the complainant may by
writing signed by him request the Authority to refer the
complaint to a Committee of the Authority for decision. (6) After the complaint is referred to a Committee
for decision as provided for under subsection (5), the

o a Committee of the Authority for decision. (6) After the complaint is referred to a Committee
for decision as provided for under subsection (5), the

Civil Aviation Act _____________________ [CAP. 80 R.E 2020]
55
complainant and the supplier shall be parties to the
reference. (7) For the purposes of dealing with consumer
complaints, the Authority shall establish a dedicated unit
which shall receive and follow up on complaints from
consumers. (8) The units referred to in subsection (7) shall
investigate all complaints and attempt to resolve the
complaints amicably, and in the event that they cannot be
resolved within thirty to sixty days, the Committee
concerned shall present its findings and recommendations
for action. (9) Subject to the provisions of this section, the
Board shall in each case make a ruling to be carried out by
the Committee concerned. [s.33]
Procedures
and powers
of
Authority
60.

f this section, the
Board shall in each case make a ruling to be carried out by
the Committee concerned. [s.33]
Procedures
and powers
of
Authority
60.

The Authority may make an order-
(a) requiring a party to supply goods or
services for specified periods;
(b) requiring a party to supply goods or
services for specified terms and conditions;
(c) requiring a party to pay the costs of another
party or of a person appearing at the hearing
or producing documents;
(d) dismissing a complaint;
(e) imposing fines;
(f) for specific performance;
(g) for refund;
(h) appointing trustees;
(i) setting up of an escrow account; and
(j) for such other relief as may be deemed
necessary. [s.34]
Appeal
to Fair
Competi-
tion
Tribunal
61.-(1) The section shall apply to any award of the
Authority under which a party has been ordered to-
(a) pay money in excess of an amount
specified in regulations under this Act;

y to any award of the
Authority under which a party has been ordered to-
(a) pay money in excess of an amount
specified in regulations under this Act;

Civil Aviation Act _____________________ [CAP. 80 R.E 2020]
56
(b) supply goods or services having a market
value in excess of an amount specified in
regulations under this Act;
(c) pay money and supply goods and services
where the total amount of the money and
the value of the goods or services exceeds
an amount, or have market value in excess
of an amount specified in regulations under
this Act. (2) Where a party is not satisfied with an award to
which this section applies, he may appeal to the Fair
Competition Tribunal within twenty one days, thereafter
the award shall be placed on the Public Register. (3) Subject to the provisions of this Act, the
grounds of appeal to the Tribunal shall be as follows-
(a) the award was not reasonably open to the
Authority based on the evidence;
(b) there was an error in law;
(c) the procedures or other statutory
requirements applicable to the Authority
were not complied with and the non-
compliance materially affected the award;
(d) the Authority did not have power to make
the award.

to the Authority
were not complied with and the non-
compliance materially affected the award;
(d) the Authority did not have power to make
the award.

(4) The Tribunal shall, after hearing an appeal, do
any one or more of the following -
(a) dismiss the appeal in whole or in part;
(b) set aside the award in whole or in part and
refer outstanding matters to the Authority
for re-determination with or without
directions as to the matters to be taken into
account in the re-determination. (5) The Tribunal may make such orders as to the
payment of any person's costs of the appeal as it deems
appropriate and any person aggrieved by the decision of
the Tribunal may appeal to the Court of Appeal. [s.35]
Omitted 62. Omitted. [s.36]

as it deems
appropriate and any person aggrieved by the decision of
the Tribunal may appeal to the Court of Appeal. [s.35]
Omitted 62. Omitted. [s.36]

Civil Aviation Act _____________________ [CAP. 80 R.E 2020]
57
Inconsisten
cy with
other
Laws
Cap.285
Cap.130
63-(1) A person shall contravene a provision of the
Fair Competition Act, or the Standards Act, by reason only
of engaging in a conduct or refraining from engaging in a
conduct permitted under this Act, or any subordinate
legislation or instrument under any of the aforementioned
Acts –
(a) requires the person to engage or refrain
from engaging in the conduct or conduct of
that kind; or
(b) authorises or approves the person engaging
or refraining from engaging in conduct of
that kind. (2) Where the Commission for Fair Competition
is of the opinion that any conduct required, authorised or
approved by the Authority -
Cap.285 (a) would be in breach of the Fair Competition
Act if sub-section (1) did not apply to the
conduct; and
(b) the Commission shall report the matter to
the Minister. (3) Where the Minister receives a report from the
Commission for Fair Competition under sub-section (2), he
may direct the Authority to take necessary steps to ensure
that the conduct described by the Commission is not
required, authorized or approved by the Authority.

the Authority to take necessary steps to ensure
that the conduct described by the Commission is not
required, authorized or approved by the Authority.

[s.37]
PART XIV
ENFORCEMENT AND COMPLIANCE
Complia-
nce orders
Cap.4
s.8
64.-(1) Where the Authority is satisfied that a
person has committed or is likely to commit an offence
against this Act it may make a compliance Order under this
section. (2) A person against whom a compliance order is
made shall comply with the order. (3) A compliance order may require a person to
refrain from conduct which is in contravention of the
provisions of this Act or to take actions required to be
taken in order to comply with this Act.

refrain from conduct which is in contravention of the
provisions of this Act or to take actions required to be
taken in order to comply with this Act.

Civil Aviation Act _____________________ [CAP. 80 R.E 2020]
58
(4) A compliance order shall be made in writing
specifying the grounds for its making and shall be
enforceable as an injunction of the High court. (5) A copy of a compliance order shall be placed
on the Public Register and a copy shall be served on the
person against whom it is made. (6) Notwithstanding the provisions of any law to
the contrary, where an order or a certified certificate is
produced or submitted to High Court, the order or
certificate shall be conclusive proof of its making by the
High Court and of the facts to which it relates. [s.38]
Declara-
tions 65.-(1) Apart from other functions upon which the
Authority is empowered to perform, it can also make
declarations on –
(a) particular goods or services, or particular
classes of goods or services on and
regulated goods or services for purposes of
this Act;
(b) particular persons or classes of persons and
regulated suppliers for the Purposes of this
Act;
(c) particular activities are in or in connection
with a regulated sector; or
(d) varying, amending, reviewing or revoking
previous declarations made under this
section.

vities are in or in connection
with a regulated sector; or
(d) varying, amending, reviewing or revoking
previous declarations made under this
section.

(2) Subject to reviews or appeals under Part II,
declarations by the Authority made under this section shall
be conclusive for the purpose of this Act. (3) Declarations made by the Authority shall not
be inconsistent with this Act or subsidiary legislation made
under this Act. (4) Before making any declaration under this
section, the Authority shall furnish the Minister with a
draft or the proposed declaration, and shall afford the
Minister the opportunity to consult with the Authority and
with any other relevant Minister about the draft declaration
within twenty days after the draft is supplied to the

y to consult with the Authority and
with any other relevant Minister about the draft declaration
within twenty days after the draft is supplied to the

Civil Aviation Act _____________________ [CAP. 80 R.E 2020]
59
Minister and, if requested to do so by the Minister within
that twenty days period shall do so. (5) A copy of the declaration made under this
section shall be placed on the Public Register.

the Minister within
that twenty days period shall do so. (5) A copy of the declaration made under this
section shall be placed on the Public Register.

[s.39]
Regula-
tions
and
rules
66.-(1) The Authority may, in consultation with the
Minister make rules with respect to -
(a) code of conduct;
(b) records to be kept, including the form and
content of accounting and business records,
and information and documents to be
supplied to the Authority by regulated
suppliers;
(c) standards of regulated goods and services;
(d) terms and conditions of supply of regulated
goods and services;
(e) conduct in connection with the production,
distribution and supply of regulated goods
and services;
(f) complaint handling procedures;
(g) rates and charges for regulated goods and
services;
(h) levies and fees payable to the Authority;
(i) the circumstances in which, and the terms
and conditions on which, a supplier or
intending supplier of regulated goods or
services shall be able to gain access to
facilities owned or controlled by another
person; and
(j) such other matters as the Authority
considers necessary or desirable to give
effect to this Act. (2) Rules made under subsection (1) shall not be
inconsistent with this Act or any regulations made under
this Act.

irable to give
effect to this Act. (2) Rules made under subsection (1) shall not be
inconsistent with this Act or any regulations made under
this Act.

[s.40]
Offences
Cap 4
s.8
67.-(1) person who contravenes or fails to comply
with a provision of this Act, commits an offence against
this Act and is liable on conviction to a fine of not less

who contravenes or fails to comply
with a provision of this Act, commits an offence against
this Act and is liable on conviction to a fine of not less

Civil Aviation Act _____________________ [CAP. 80 R.E 2020]
60
than the equivalent in Tanzanian shillings of United States
dollars one thousand or imprisonment for a term not less
than twelve months, or to both. (2) A person shall commit an offence against this
Act if he -
(a) aids, abets, counsels or procures; or
(b) conspires with others;
to commit an Offence against this Act. (3) person, who suffers loss or damage as a result
of an offence against this Act, may recover by
compensation for such loss or damage from the person
who committed that offence whether or not that person has
been convicted of an offence. (4) person, making a claim under subsection (3)
within four years after the loss or damage is suffered or
within four years after the person becomes aware of the
offence, whichever is the later, a claim shall be made by
way of a complaint provided for under section 59 of this
Act.

he person becomes aware of the
offence, whichever is the later, a claim shall be made by
way of a complaint provided for under section 59 of this
Act.

(5) Where a person charged with an offence under
this Act is a body corporate, every person who, at the time
of the commission of the offence was a director, manager
or officer of the body corporate may be charged jointly in
the same proceedings with such body corporate and where
the body corporate is convicted of the offence, every such
director, manager or officer of the body corporate shall be
deemed to be guilty of that offence unless he proves that
the offence was committed without his knowledge or that
he exercised all due diligence to prevent the commission of
the offence. (6) For the purposes of this section, any partner of
a firm shall be jointly and severally liable for the acts or
omissions of any other partner of the same firm done or
omitted to be done in the course of the firm business. (7) For the purposes of the provisions of this
section, a penalty for non-compliance of an order of the
Authority shall be a fine which shall be equal to a civil
debt. [s.41]

the provisions of this
section, a penalty for non-compliance of an order of the
Authority shall be a fine which shall be equal to a civil
debt. [s.41]

Civil Aviation Act _____________________ [CAP. 80 R.E 2020]
61
PART XV
FINANCIAL PROVISIONS
Funds of
Authority
Act No
10 of 2013
s. 12
68.-(1) The funds and resources of the Authority
shall consist of -
(a) fees collected by the Authority including
fees payable for the grant and renewal of
licences;
(b) charges paid in respect of air navigation
services and safety oversight;
(c) levies collected from regulated suppliers;
(d) all the payments or property due to the
Authority in respect of any matter incidental
to its functions; and
(e) any grants, loans, donations, bequests or
other contributions made to the Authority. (2) The Authority shall by rules made under
section 66 require regulated suppliers to pay annual levies
to the Authority calculated as a percentage of the revenues
of regulated suppliers from the supply of regulated goods
and services. (3) The percentage of an annual levy payable
under subsection (2) may differ as between different
regulated sectors but may not be different within the same
regulated sector.

annual levy payable
under subsection (2) may differ as between different
regulated sectors but may not be different within the same
regulated sector.

(4) The Authority shall by rules made under
section 66 published in the Gazette and Public Register,
prescribe, licence fees and other fees to be paid by persons
in connection with the procedures of the Authority. (5) The Authority shall disclose details of the
sources of its funds in the Annual Report. (6) The Authority shall not accept any grant or
donation from a regulated supplier. [s.42]
Surplus
funds 69.-(1) As soon as may be reasonably practical
after the end of each financial year, the Authority shall
deposit to a Special Account all surplus funds of the
Authority.

may be reasonably practical
after the end of each financial year, the Authority shall
deposit to a Special Account all surplus funds of the
Authority.

Civil Aviation Act _____________________ [CAP. 80 R.E 2020]
62
(2) The Authority shall use funds from the Special
Account only for one or more of the following purposes -
(a) consumer education or information
projects;
(b) special non-recurring projects;
(c) budgeted capital expenditure;
(d) major rate regulating inquiries; or
(e) training development and research. [s.43]
Accounts
and
financial
audit
Act No
10 of 2013
s. 13
70.-(1) The Authority shall keep books of accounts
and maintain proper records of its operations in accordance
with commercial accounting standards. (2) In addition to any other functions assigned to
him by the Audit Committee of the Authority, the head of
Internal Audit shall be responsible for the internal auditing
of the Authority`s accounts and shall, in every three
months in each financial year, submit a report to Director
General. (3) The Chairman of the Audit Committee of the
Authority shall submit the report referred to under
subsection (2) to the Board for consideration.

ral. (3) The Chairman of the Audit Committee of the
Authority shall submit the report referred to under
subsection (2) to the Board for consideration.

Cap.286
(4) The accounts of the Authority may at any time
and shall, at the end of each financial year, be audited by a
person registered as an auditor under the Auditors and
Accountants (Registration) Act, appointed by the
Authority on such terms and conditions as the Authority
may determine. [s. 44]
Performan
ce
audit
71.-(1) The Controller and Auditor General shall at
least once every two years and more frequently as he sees
fit, conduct a performance audit of the Authority of its
functions including its performance in relation to key
performance indicators. (2) The Controller and Auditor General may, where
necessary, conduct additional audit as requested by the
Minister. [s.45]

key
performance indicators. (2) The Controller and Auditor General may, where
necessary, conduct additional audit as requested by the
Minister. [s.45]

Civil Aviation Act _____________________ [CAP. 80 R.E 2020]
63
Annual
report 72.-(1) Before 30th September of each year, the
Authority shall prepare an annual report in respect of that
year up to the immediately preceding 30th June and submit
it to the Minister who shall lay it before the National
Assembly. (2) The annual report shall provide detailed
information regarding the exercise of the functions and
powers of the Authority during the year to which it relates
and shall include -
(a) a copy of the audited accounts of the
Authority as per section 70;
(b) a copy of the report of the Controller and
Auditor General on the performance audit
carried out under section 71 of the Act
during the year to which the annual report
relates; and
(c) such information and other material as the
Authority may be required by this Act or
the regulations to include annual report. [s.46] [s.46]
Budget 73.-(1) Before the end of each financial year, the
Authority shall prepare a budget for the following financial
year showing estimates of its receipts and expenditure for
the following financial year.

Authority shall prepare a budget for the following financial
year showing estimates of its receipts and expenditure for
the following financial year.

(2) Subject to the provisions of subsection (1), the
Authority shall inform the Minister of its budget for the
following financial year by submitting a copy to the
Minister for information. (3) Where the Minister so requests, the Authority
shall commission the Authority's Auditor to assess and
report on the extent to which the budget represents a fair
and reasonable projection of the income and expenditure of
the Authority for the relevant year. (4) The Authority shall deliver to the Minister a
copy of any report prepared pursuant to subsection (3) as
soon as possible after the Authority receives it. (5) Where the Authority's Auditor reports that the budget
does not represent a fair and reasonable projection of income

ter the Authority receives it. (5) Where the Authority's Auditor reports that the budget
does not represent a fair and reasonable projection of income

Civil Aviation Act _____________________ [CAP. 80 R.E 2020]
64
and expenditure, the Minister may require the Authority to
revise the budget to correct the deficiencies. [s.47]
Establishm
ent of
Training
Fund
74.-(1) The Authority shall in consultation with
regulated suppliers establish a Fund to be known as
Training Fund. (2) The sources of money for the Fund shall
include-
(a) contributions from regulated suppliers;
(b) contributions from the Authority;
(c) any donations, grants or loans from any
other source. (3) The procedures on how to contribute and
administer the Fund shall be prescribed by the Minister in
the Regulations. [s.48]
PART XVI
TRANSITIONAL AND MISCELLANEOUS PROVISIONS
Transi-
tional
and
savings
75. Omitted. [s.49]
Transfer
of assets
and
liabilities
of
Tanzania
Civil
Aviation
76-(1) As from the effective date, such movable and
immovable property vested in the former Authority and all
assets, interests, rights, privileges, liabilities and obligations
of the former Authority shall be transferred to and shall be
vested in the Authority without further assurance.

rivileges, liabilities and obligations
of the former Authority shall be transferred to and shall be
vested in the Authority without further assurance.

(2) Where any question arises as to whether any
particular property, or whether any particular asset, interest,
right, privilege, liability or obligation has been transferred
to or vested under subsection (1), a certificate under the
hand of the Minister shall be conclusive evidence that the
property, asset, interest, light, Privilege, liability or
obligation was or was not so transferred or vested. [s.50]

l be conclusive evidence that the
property, asset, interest, light, Privilege, liability or
obligation was or was not so transferred or vested. [s.50]

Civil Aviation Act _____________________ [CAP. 80 R.E 2020]
65
Continuati
on of
disciple-
nary
proceed-
ings
77.-(1) Where on the effective date any disciplinary
proceedings were pending against any employee of the
former Authority who joined the service of the Authority,
such proceedings shall be carried on and completed by the
Authority and, where on the effective date any matter was
in the course of being heard or investigated or had been
heard or investigated by the former Authority but no order
or decision had been rendered, the Authority shall complete
the hearing or investigation and such order, ruling or
direction as it could have been made by the Authority under
which the proceedings or matter were or was vested before
the effective date. (2) Any order, ruling, or finding made or given in
relation to any proceedings or investigation pursuant to
subsection (1), shall be treated as an order, ruling or finding
of the Authority and have the same force or effect as if it
had been made or given by the former Authority. (3) For the purposes of section 74 and this section,
the effective date shall be the date appointed as such by the
Minister.

by the former Authority. (3) For the purposes of section 74 and this section,
the effective date shall be the date appointed as such by the
Minister.

[s.51]
Rights of
employees 78.-(I) The service of any employee or staff of the
former Authority shall be deemed to be continuous with the
Authority. (2) As soon as practicable but in any case not later
than a period of three years from coming into operation of
this Act, the Authority shall comply with the provisions of
section 41 of this Act in respect of employees who have
been absorbed by the Authority. (3) Where any employee or staff of the former
Authority is not absorbed by the Authority, he may be
transferred to any other Ministry or public institution, and
his service shall be deemed to be continuous and if he was a
member of any other superannuate scheme, such employee
shall continue to be governed by the same laws and
regulations governing such scheme and the employer shall
contribute to such scheme accordingly. (4) The terms and conditions of employment of any
employee or staff from the former Authority who joins the

all
contribute to such scheme accordingly. (4) The terms and conditions of employment of any
employee or staff from the former Authority who joins the

Civil Aviation Act _____________________ [CAP. 80 R.E 2020]
66
Authority through the competitive recruitment process
established by the Authority in compliance of the provisions
of subsection (6) of section 41 of this Act, shall not be less
favorable than those enjoyed by that employee immediately
prior to the date on which he joined the service of the
Authority. (5) An employee or staff of the former Authority
whose service does not continue with the Authority or is not
transferred to any other Ministry or public institution and
where such employee or staff is a member of any statutory,
voluntary pension or other superannuate benefits scheme
prior to such termination, such employee or staff shall be
paid terminal benefits in accordance with the laws and
regulations governing such scheme immediately before such
termination.

ployee or staff shall be
paid terminal benefits in accordance with the laws and
regulations governing such scheme immediately before such
termination.

(6) Where an employee or staff whose service with
the former Authority is deemed to be continuous under
subsections (1) and (3) is a member of any statutory,
voluntary pension or any other superannuate scheme, such
employee shall continue to be governed by the same laws
and regulations governing such scheme and the Authority
shall contribute
to such scheme accordingly. (7) Nothing in this section shall operate so as to
create an entitlement for any employee or staff of the former
Authority to become employees or staff of the Authority. [s.52]

n shall operate so as to
create an entitlement for any employee or staff of the former
Authority to become employees or staff of the Authority. [s.52]

Civil Aviation Act _____________________ [CAP. 80 R.E 2020]
67
______
SCHEDULE
_______
(Made under section 32(7))
THE BOARD OF DIRECTORS OF THE AUTHORITY
Composition of
Board
1. -(1) The Board of Directors of the Authority shall consist of-
(a) a Chairman and Vice Chairman who shall be non-executive;
(b) four non-executive members; and
(c) the Director-General appointed under section 39. (2) In proposing names of persons for appointment as Chairman
and members of the Board, the Nomination Committee, the President and the
Minister hall each have regard to appoint persons who-
(a) are graduates of a recognized University;
(b) have at least ten years experience in one or more of
management, law, economics, finance or engineering;
(c) have knowledge of industry;
(d) have satisfied the Committee that they are unlikely to have a
conflict of interest under section 37;
(e) are willing to serve as members; and
(f) are, in the opinion of the Committee, otherwise suitable to
perform the functions and duties of a member competently
and honestly. Tenure of
appointment
Cap. 4
s.

opinion of the Committee, otherwise suitable to
perform the functions and duties of a member competently
and honestly. Tenure of
appointment
Cap. 4
s.

8
2.-(1) The First Chairman, the Vice Chairman and members of the
Board shall be appointed for the following fixed terms:
(a) a Chairman - four years;
(b) Vice Chairman three years;
(c) two members - four years; and
(d) two other members - five years;
(2) Members, including the Chairman shall each be eligible for re-
appointing for one further successive term but shall not otherwise be eligible for
re-appointment. (3) Any member, may at any time resign by giving notice in writing
to the appointing authority and from the date specified in the notice or if no date
is so specified, from the date of receipt of the notice by the appointing authority,
he shall cease to be a member. Secretary of
Board
3.-(1) The Board shall appoint a lawyer of not less than ten years
experience to be the Secretary of the Board. (2) The Secretary of the Board may take part in proceedings of the
Board but shall have no vote. Meetings
of Board
Act. No. 10 of 2013
s. 14
4.-(1) The Board shall meet at least four times yearly at such times and
places as it deems necessary for the transaction of its business and it shall
convene special meeting upon request by the majority of members.

mes and
places as it deems necessary for the transaction of its business and it shall
convene special meeting upon request by the majority of members.

Civil Aviation Act _____________________ [CAP. 80 R.E 2020]
68
(2) An ordinary meeting of the Board shall be convened by the
Chairman and the notice specifying the place, date and time of the meeting shall
be sent to each member at his usual place of business or residence not less than
ten days before the date of the meeting and where the Chairman is unable to act
by reason of illness or other cause or is absent from the United Republic, the
Vice Chairman may convene the meeting. (3) The Chairman or, in his absence, the Vice Chairman, may on his
own motion, and shall, if requested in writing in that behalf by at least half the
members, convene a extra-ordinary meeting of the Board. (4) The Board may invite any person who is not a member to
participate in the deliberations of the Board, but any person so invited shall have
no vote at the meeting. (5) The quorum at any meeting of the Authority shall be half of the
members in the Authority. (6) The Board may act notwithstanding any vacancy in its
membership. Minutes of
meetings
5. Minutes in proper form of each meeting of the Board shall be kept
and shall be confirmed by the Board at its next meeting.

hip. Minutes of
meetings
5. Minutes in proper form of each meeting of the Board shall be kept
and shall be confirmed by the Board at its next meeting.

Official seal of
Authority
6.-(1) The official seal of the Authority shall be of such shape, size
and form as the Board may determine. (2) The official seal of the Authority shall not be affixed to any
instrument or document except in the presence of the Secretary or such other
employee of the Authority as the Board may appoint in that behalf. Examination of
documents
7.-(I) All deeds, documents, rulings, declarations or other official
instruments requiring the seal of the Authority shall be sealed with the official
seal of the Authority in the presence of two officers of the Authority duly
authorised to act in that behalf and shall be signed by those officers. (2) The Authority may by resolution or otherwise appoint any officer
or employee of the Authority or any other agent, either generally or particular
case, to execute or sign on behalf of the Authority any agreement or other
instrument not under seal in relation to anything coming within the powers of
the Authority. Proceedings not
invalidated by
irregularity
8.

t or other
instrument not under seal in relation to anything coming within the powers of
the Authority. Proceedings not
invalidated by
irregularity
8.

No act or proceeding of the Board shall be invalid by reason of any
defect or irregularity in the appointment of any member or by reason that any
person who purported bona fide to act as a member at the time of the act or
proceedings, was in fact disqualified or not entitled to act as a member. Absence from
three
consecutive
meeting
9. Where any member absents himself from three consecutive
meetings of the Board without sufficient cause, the Board shall advise the
appointing authority of the fact and the appointment authority may terminate the
appointment of the member and appoint another member in his place. Board may
regulate its own
procedure
10. Subject to this Act, the Board shall have power to regulate its own
procedure in relation to its meetings and the transaction of its business. _________________