The Transfer and Delegation of Powers Act

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CHAPTER 362
THE TRANSFER AND DELEGATION OF POWERS ACT
[PRINCIPAL LEGISLATION]
Arrangement of Sections
Section Title
1. Short title.
2. Transfer.
3. Delegation.
4. Exceptions.
5. Repeal.

TION OF POWERS ACT
[PRINCIPAL LEGISLATION]
Arrangement of Sections
Section Title
1. Short title.
2. Transfer.
3. Delegation.
4. Exceptions.
5. Repeal.

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1. This Act may be cited as the Transfer and Delegation of
Powers Act. 2.–(1) Subject to the provisions of section 4, where, by or under
any written law-
(a) the President is empowered to exercise any power or to
perform any duty; or
(b) any other person holding office in the service of the
Republic is empowered to exercise any power or to
perform any duty,
the President may, by order published in the Gazette, transfer
the power or the duty, in the case referred to in paragraph (a),
to some other person, or, in the case referred to in paragraph
(b), to himself or to some other person. (2) An order made under this section may -
(a) make amendments to the written law in respect of
which it is made, being amendments consequential
upon the transfer, as may be necessary for carrying that
order into effect;
(b) be expressed to have effect retrospectively from any
date specified therein, and, where so expressed, shall
have effect accordingly; or
(c) be revoked or varied by a subsequent order made in the
like manner and subject to the same conditions.

xpressed, shall
have effect accordingly; or
(c) be revoked or varied by a subsequent order made in the
like manner and subject to the same conditions.

Short title
Transfer
CHAPTER 362
THE TRANSFER AND DELEGATION OF POWERS ACT
An Act for the transfer and delegation of statutory powers and duties. [9th December, 1962]
[s. 1(2)]
C.A. Act No. 13 of 1962
[R.L Cap. 511]
Act No. 48 of 1966

r the transfer and delegation of statutory powers and duties. [9th December, 1962]
[s. 1(2)]
C.A. Act No. 13 of 1962
[R.L Cap. 511]
Act No. 48 of 1966

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.87
THE TRANSFER AND DELEGATION OF POWERS ACT [CAP. 362 R.E. 2023]
(3) Where an order is made under this section, the written
law in respect of which it is made shall be read and construed
in respect of anytime on or after the date upon which the order
has effect as if the written law were amended in conformity
with the order:
Provided that, the order or this subsection shall not affect
the validity of anything previously done under any power or
duty transferred or the validity of the delegation, by a previous
holder, of any power or duty, but the same shall continue to be
in force and effect as if it had been done, or as if the power or
duty had been delegated, by the current holder of the power
or duty, until revoked, amended or replaced by an authority
having power in that behalf, or until it expires. (4) An order made under this section shall be laid before
the National Assembly.

ced by an authority
having power in that behalf, or until it expires. (4) An order made under this section shall be laid before
the National Assembly.

3.–(1) Subject to the provisions of section 4-
(a) the President may, by order published in the Gazette,
delegate to any person, the exercise of any power or the
performance of any duty vested in him by any written
law; or
(b) a Minister may, by order published in the Gazette,
delegate to any person the exercise of any power or the
performance of any duty vested in him by any written
law. (2) An order made under this section may-
(a) be made subject to the conditions, qualifications or
exceptions as may be prescribed therein;
(b) be expressed to have effect retrospectively from any
date specified therein, and, where expressed, shall have
effect accordingly; and
(c) be revoked or varied by a subsequent order made in the
like manner. (3) The President or a Minister, may exercise a power or
perform a duty notwithstanding that, he has delegated the
exercise or performance thereof to some other person. Delegation
Act No. 48 of 1966

power or
perform a duty notwithstanding that, he has delegated the
exercise or performance thereof to some other person. Delegation
Act No. 48 of 1966

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.88
THE TRANSFER AND DELEGATION OF POWERS ACT [CAP. 362 R.E. 2023]
(4) The renovation of any order under this section shall not
affect the validity of anything previously done under any power
or duty delegated, but the same shall continue to be in force
and effect until revoked, amended or replaced by an authority
having power in that behalf, or until it expires.
4.–(1) The President shall not transfer or delegate under this
Act, the exercise of any power or the performance of any duty-
(a) conferred or imposed upon him by the Constitution;
or
(b) which he is expressly prohibited from transferring or
delegating by other law.
(2) A Minister shall not delegate under this Act the exercise
of any power or the performance of any duty-
(a) conferred or imposed on him by the Constitution;
(b) to make rules or to hear appeals; or
(c) which he is expressly prohibited from delegating by any
other law.
5. [Repeal of R.L. Caps. 1 and 444 with saving.]
Exceptions
Repeal