THE RESETTLEMENT OF OFFENDERS ACT

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CHAPTER 71
THE RESETTLEMENT OF OFFENDERS ACT
[PRINCIPAL LEGISLATION]
Arrangement of Sections
Section Title
1. Short title.
2. Interpretation.
3. Establishment of resettlement centres.
4. Resettlement order.
5. Resettlement order on recommendation of Commissioner responsible for
social welfare.
6. Resettlement order where person ordered to give security for good behavior.
7. Effect of appeal.
8. Resettlement orders in respect of deportees and persons practicing witchcraft.
9. Operation of resettlement order.
10. Contents of resettlement order.
11. Warrant of arrest.
12. Settlers to be given free transport.
13. Failure to comply with resettlement order.
14. Resettlement centres.
15. Review of resettlement orders.
16. Repealed.
17. Offences.
18. Regulations.
19. Directions by officers-in-charge.
20. Protection of bona fide act.

15. Review of resettlement orders.
16. Repealed.
17. Offences.
18. Regulations.
19. Directions by officers-in-charge.
20. Protection of bona fide act.

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1. This Act may be cited as the Resettlement of Offenders Act. 2.

No part of this book may be reproduced or distributed without permission of OAG.244
1. This Act may be cited as the Resettlement of Offenders Act. 2.

In this Act, unless the context otherwise requires-
“dependant” means the wife or husband of a settler or his child
under the apparent age of 14 years or any other person in
respect of whom the officer-in-charge is satisfied that such
person is fully dependent upon the settler;
“habitual offender” means a person of not less than twenty-
five years who, after attaining the age of eighteen, has on
three or more occasions been convicted of any crime of
moral turpitude for which he was, on each occasions,
sentenced to imprisonment for a term of three years or
more and who has now been sentenced to imprisonment
for a term of not less than three years upon conviction of
another offence of moral turpitude;
“Minister” means the Minister responsible for home affairs;
“officer-in-charge” means any person appointed by the Minister
to be the officer-in-charge or an assistant officer-in-charge
of a resettlement centre;
“resettlement centre” means any place or area designated by
the Minister to be a resettlement centre under section 3;
“resettlement order” means an order made by the Minister
under the provisions of sections 4, 5, 6, or 8;
“scheduled offence” means any offence specified in the Schedule
to this Act;
Short title
Interpretation
Act No.

provisions of sections 4, 5, 6, or 8;
“scheduled offence” means any offence specified in the Schedule
to this Act;
Short title
Interpretation
Act No.

12 of 1998 Sch. CHAPTER 71
THE RESETTLEMENT OF OFFENDERS ACT
An Act to provide for resettlement of certain offenders and habitual
offenders and for related matters. [7th February, 1969]
Acts Nos. 8 of 1969
12 of 1998

t to provide for resettlement of certain offenders and habitual
offenders and for related matters. [7th February, 1969]
Acts Nos. 8 of 1969
12 of 1998

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.245
THE RESETTLEMENT OF OFFENDERS ACT [CAP. 71 R.E. 2023]
“settler” means any person in respect of whom a resettlement
order is made under sections 4, 5, 6 or 8. 3. The Minister may, by notice in the Gazette, designate any
place or area to be a resettlement centre for the purposes of
this Act. 4.–(1) Where any person has been convicted by a court of
competent jurisdiction of a scheduled offence, the Minister
may make a resettlement order in writing and signed by him
in respect of such person. (2) A resettlement order under this section shall not be
made-
(a) in respect of a person who has been convicted of a
scheduled offence and sentenced to imprisonment for
such offence, after the expiration of thirty days from
the date on which the sentence of imprisonment is
determined either by affluxion of time or otherwise;
(b) in respect of a person who has been convicted of a
scheduled offence and has not been sentenced to
imprisonment, after the expiration of thirty days from
the date of conviction.

has been convicted of a
scheduled offence and has not been sentenced to
imprisonment, after the expiration of thirty days from
the date of conviction.

(3) It shall not be lawful for any person to whom a resettlement
order has been issued and which has not been renewed to remain
in any part specified in the resettlement order after expiry of
two years. 5.–(1) Notwithstanding the provisions of section 4, the
Minister may make a resettlement order in respect of any
person convicted of any offence punishable with imprisonment
for a term of two years or more, whether or not the offence is
a scheduled offence, where the Commissioner responsible for
social welfare recommends that such order be made. (2) An order under this section shall not be made after the
expiration of thirty days from the date of conviction of the
person concerned, or, if such person has been sentenced to
imprisonment, after thirty days from the date on which the
Establishment
of resettlement
centres
Resettlement
order
Act No. 12 of 1998 Sch. Resettlement
order on
recommendation
of Commissioner
responsible for
social welfare

of resettlement
centres
Resettlement
order
Act No. 12 of 1998 Sch. Resettlement
order on
recommendation
of Commissioner
responsible for
social welfare

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE RESETTLEMENT OF OFFENDERS ACT [CAP. 71 R.E. 2023]
246
sentence of imprisonment is determined either by affluxion of
time or otherwise. 6.–(1) Where any person is ordered to give security for good
behaviour under the provisions of sections 74 and 81 of the
Criminal Procedure Act, the Minister may make a resettlement
order in respect of such a person. (2) An order under this section shall not be made after
the expiration of thirty days from the date of the order under
section 81 of the Criminal Procedure Act. 7.–(1) Where a resettlement order is made in respect of any
person under sections 4, 5 or 6 and the conviction or order
pursuant to which the resettlement order is made is set aside
on appeal, the resettlement order shall cease to have effect.

nd the conviction or order
pursuant to which the resettlement order is made is set aside
on appeal, the resettlement order shall cease to have effect.

(2) A resettlement order shall not cease to have effect by
reason only of the conviction being set aside if the court
determining the appeal, substitutes for such conviction, a
conviction for some other scheduled offence or, in the case
of an order made under section 5, an offence punishable with
imprisonment for two years or more. 8. Where a deportation order under the provisions of the
Deportation Act has been made in respect of any person,
and such deportation order is subsisting, or, where an order
has been made against any person under section 8 of the
Witchcraft Act requiring such person to reside within any
specified area, and such order is subsisting, the Minister may
make a resettlement order in respect of such person and upon
a resettlement order being so made, the deportation order or
the order made under section 8 of the Witchcraft Act, as the
case may be, shall cease to have effect and shall be deemed to
have been rescinded. 9. A resettlement order shall take effect-
(a) where the person in respect of whom it is made is
serving a sentence of imprisonment for any offence or
Resettlement
order where
person ordered to
give security for
good behavior
Cap.

om it is made is
serving a sentence of imprisonment for any offence or
Resettlement
order where
person ordered to
give security for
good behavior
Cap.

20
Effect of appeal
Resettlement
orders in respect
of deportees
and persons
practicing
witchcraft
Cap. 380
Cap. 18
Operation of
resettlement
order

20
Effect of appeal
Resettlement
orders in respect
of deportees
and persons
practicing
witchcraft
Cap. 380
Cap. 18
Operation of
resettlement
order

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THE RESETTLEMENT OF OFFENDERS ACT [CAP. 71 R.E. 2023]
is lawfully detained, upon the determination of such
sentence, whether by affluxion of time or otherwise or
upon his discharge from detention, as the case may be;
(b) in any other case, immediately upon service of a copy
of the order on the person in respect of whom it is
made or if the order is expressed to take effect upon
any date specified therein, upon such date, whichever
is the later. 10. A resettlement order shall specify-
(a) the name and address of the person in respect of whom
it is made;
(b) the reason for which the order is made;
(c) the resettlement centre at which such person shall report;
(d) the route by which such person shall travel to the
resettlement centre; and
(e) any other matter which may be prescribed. 11.

person shall report;
(d) the route by which such person shall travel to the
resettlement centre; and
(e) any other matter which may be prescribed. 11.

Where the Minister has made a resettlement order in
respect of any person and he is of the opinion that such person
may not comply with the order, he may apply to a resident
magistrate within whose jurisdiction such person resides or
is detained, for a warrant of arrest and upon such application
being made, the resident magistrate shall issue a warrant for
the arrest of such person and for his detention in custody
pending his transportation to the resettlement centre specified
in the order. 12. Every person in respect of whom a resettlement order is
made shall be provided with free transport from his residence
or the prison where he is detained to the resettlement centre. 13.–(1) A person who, without reasonable excuse, fails to
comply with any of the terms of a resettlement order, commits
an offence and on conviction shall be liable to imprisonment
for a term not exceeding twelve months. Contents of
resettlement
order
Warrant of arrest
Settlers to
be given free
transport
Failure to comply
with resettlement
order

xceeding twelve months. Contents of
resettlement
order
Warrant of arrest
Settlers to
be given free
transport
Failure to comply
with resettlement
order

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248
(2) Conviction for an offence under subsection (1) shall
not in any way affect the validity of the resettlement order and
where the person convicted is sentenced to imprisonment, the
resettlement order shall take effect upon determination of his
sentence either by affluxion of time or otherwise. 14.–(1) The Minister shall appoint an officer-in-charge for
every resettlement centre and may appoint such number of
assistant officers-in-charge as he may consider necessary. (2) A settler who absents himself from a resettlement centre
without the written authority of the officer-in-charge, commits
an offence. 15.

ecessary. (2) A settler who absents himself from a resettlement centre
without the written authority of the officer-in-charge, commits
an offence. 15.

The Minister-
(a) may, at any time during which a resettlement order made
against any person is subsisting, on the application of
such person or of the officer-in-charge; and
(b) shall, at least once in every year during which such
order is subsisting, or at any time upon being requested
by the Commissioner responsible for social welfare so
to do,
review the order made and may, after taking into consideration
the conduct of the settler and such other circumstances as he
may consider relevant, rescind the order. 16. [Repealed by Act No. 12 of 1998 Sch.]
17.–(1) A person who commits an offence under this Act or
under any regulations made thereunder, shall, unless some
other penalty has been prescribed, be liable to imprisonment
for a term not exceeding six months. (2) All offences under this Act or under regulations made
thereunder are hereby declared to be cognizable offences. 18. The Minister may make Regulations for the better carrying
out of the provisions and purposes of this Act and, without
Resettlement
centres
Review of
resettlement
orders
Repealed
Offences
Regulations

carrying
out of the provisions and purposes of this Act and, without
Resettlement
centres
Review of
resettlement
orders
Repealed
Offences
Regulations

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THE RESETTLEMENT OF OFFENDERS ACT [CAP. 71 R.E. 2023]
prejudice to the generality of the foregoing, may make
regulations-
(a) prescribing forms of orders and applications to be made
under this Act;
(b) providing for the organisation, safety, discipline and
administration of resettlement centres;
(c) providing for the reception, treatment, health and well-
being of settlers;
(d) providing for the powers of officers-in-charge including
powers of arrest of any settler committing any offence
under this Act;
(e) providing for the remuneration of settlers employed in
any project or enterprise at a resettlement centre, and
for the free supply of clothing and suitable diet in lieu
of, or in addition to such remuneration;
(f) providing for residence at resettlement centres of the
dependants of the settlers;
(g) providing for the settlers to go on leave of absence;
(h) providing for the hours, mode and kind of labour and
employment of settlers; and
(i) prescribing anything which, under the provisions of
this Act, may be prescribed.

he hours, mode and kind of labour and
employment of settlers; and
(i) prescribing anything which, under the provisions of
this Act, may be prescribed.

19.–(1) An officer-in-charge of a resettlement centre may give
such orders or directions either orally or in writing to any
settler or his dependant residing with him at the resettlement
centre, as may be necessary or expedient for the following
purposes that is to say-
(a) to ensure that the resettlement centre is administered
in an orderly and efficient manner;
(b) to ensure the performance of any work or duty by the
settler;
(c) to ensure that all proper precautions are taken to
preserve the health and well-being of the settlers and
their dependants residing at the resettlement centre;
and
Directions by
officers-in-charge

n to
preserve the health and well-being of the settlers and
their dependants residing at the resettlement centre;
and
Directions by
officers-in-charge

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250
(d) to preserve orderly conduct and discipline in the
resettlement centre.
(2) A person who disobeys any order or direction given by
the officer-in-charge commits an offence and on conviction,
shall be liable to imprisonment for a term not exceeding three
months.
20. An act or thing done or omitted to be done by any person
shall not, if the act or omission was done or omitted bona fide
while acting in the execution of duty under this Act, subject
him personally to any liability, action, claim or demand
whatsoever.
SCHEDULE
(Made under section 2)
1. Any offence which is a scheduled offence under the provisions of the
Minimum Sentences Act.
2. Any offence under the Witchcraft Act.
Protection of
bona fide act
Cap. 90
Cap. 18