The Destitute Persons Act

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CHAPTER 389
THE DESTITUTE PERSONS ACT
[PRINCIPAL LEGISLATION]
Arrangement of Sections
Section Title
1. Short title.
2. Interpretation.
3. Power to order destitute persons to find work.
4. Consequences of failure to find work.
5. Deportation of non-native destitute.
6. Enforcement of order to return to place of residence.
7. Place of detention.
8. Power of arrest.
9. Power of President to order release.

destitute.
6. Enforcement of order to return to place of residence.
7. Place of detention.
8. Power of arrest.
9. Power of President to order release.

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.574
1. This Act may be cited as the Destitute Persons Act. 2. In this Act, unless the context otherwise requires -
“destitute person” means any person without employment
and unable to show that he has visible and sufficient
means of subsistence;
“vessel” means any means of conveyance, whether by air,
rail, road or water. 3.–(1) Where it is shown to the satisfaction of a magistrate
that any person is a destitute person, the magistrate may in his
discretion, order that person-
(a) to find work and to report to the magistrate before a
named date;
(b) to be detained in custody for a period not exceeding
one month with a view to work being found for him; or
(c) if he is a native who is not dwelling in his usual place
of residence, to return before a named date to his usual
place of residence in Tanzania. (2) Where any person fails to report to a magistrate as
ordered, he shall be liable to a fine not exceeding five thousand
shillings or to imprisonment for any term not exceeding
three months. 4.

gistrate as
ordered, he shall be liable to a fine not exceeding five thousand
shillings or to imprisonment for any term not exceeding
three months. 4.

When a destitute person fails to find work before the named
date as ordered, or work cannot be found for a destitute person
ordered to be detained in custody, then a magistrate may order
Short title
Interpretation
Power to order
destitute persons
to find work
Consequences
of failure to find
work
CHAPTER 389
THE DESTITUTE PERSONS ACT
An Act to make provision for the control of destitute persons. [19th January, 1923]
Ord. No. 1 of 1923
[R.L. Cap. 41]

ER 389
THE DESTITUTE PERSONS ACT
An Act to make provision for the control of destitute persons. [19th January, 1923]
Ord. No. 1 of 1923
[R.L. Cap. 41]

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.575
THE DESTITUTE PERSONS ACT [CAP. 389 R.E. 2023]
that person, if he is a native who is not dwelling in his usual
place of residence to return before a named date to his usual
place of residence in Tanzania, or, if he is not a person born in
Tanzania, to be detained in custody for a period of one month
from the date of the order with a view to his deportation under
this Act. 5.–(1) Where a magistrate certifies that a destitute person,
not being a person born in Tanzania, has failed to find work
as ordered, or that work cannot be found for such a destitute
person who has been ordered to be detained in custody, the
President may order that person to be deported from Tanzania
and to be detained in custody until deportation. (2) A Tanzanian citizen shall be ordered to be deported to
any place to which the President is satisfied and he consents to
be deported.

deportation. (2) A Tanzanian citizen shall be ordered to be deported to
any place to which the President is satisfied and he consents to
be deported.

(3) A person who is not a citizen shall be ordered to be
deported to some place in the country to which he belongs,
or to any place to which he consents to be deported, provided
that the Government is satisfied that the Government of such
last-mentioned place consents to receive him. (4) Subject to the directions of the President, a person
ordered to be deported may be conducted across the frontier
or placed on board a suitable vessel by any police officer, and
may be lawfully detained in custody on board so long as the
vessel is within the territorial waters of Tanzania. (5) Where a person who has been deported under this
section is subsequently found in Tanzania without having
received the licence of the President to enter Tanzania or
contravenes any provision or condition contained in such
licence, he shall be liable to a fine not exceeding ten thousand
shillings or to imprisonment for any term not exceeding six
months, and may again be deported. Deportation
of non-native
destitute

eeding ten thousand
shillings or to imprisonment for any term not exceeding six
months, and may again be deported. Deportation
of non-native
destitute

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.576
THE DESTITUTE PERSONS ACT [CAP. 389 R.E. 2023]
6. When an order is made for a person to return to his usual
place of residence in Tanzania, then-
(a) the magistrate may, if he thinks fit, order that that
person be kept in custody until a suitable opportunity
occurs for his journey, and also that the person be kept
in custody during his journey;
(b) Where the native fails to comply with the order, or
having complied with the order leaves such place
without the licence of an administrative officer or
of his chairman of the village or mtaa acting in
accordance with the general or special directions of
an administrative officer, he shall be liable to a fine not
exceeding ten thousand shillings or to imprisonment
for a term not exceeding six months, and may again be
ordered to return to his usual place of residence. 7.

ten thousand shillings or to imprisonment
for a term not exceeding six months, and may again be
ordered to return to his usual place of residence. 7.

A person who under this Act is ordered to be detained in
custody may be so detained either in a prison or in any place
appointed for the purpose by the President, but if detained in
a prison shall be treated as a person awaiting trial and not as a
convict prisoner, except that he may be required to work to the
same extent as if he had been awarded simple imprisonment. 8. Any senior police officer, or any police officer, acting by
the instructions of a senior police officer may arrest without
warrant any person who is apparently a destitute person, and
shall at the earliest opportunity, take him before a magistrate. 9. The President may at any time order the release of any
person detained in custody under this Act. Enforcement of
order to return to
place of residence
Place of detention
Power of arrest
Power of
President to order
release