1$.$/$07$1'$2 21/,1('2&80(17 · 1$.$/$07$1'$2 21/,1('2&80(17 48 No. 2 Auditors and Accountants...
Transcript of 1$.$/$07$1'$2 21/,1('2&80(17 · 1$.$/$07$1'$2 21/,1('2&80(17 48 No. 2 Auditors and Accountants...
NAKALA MTANDAO (ONLINE DOCUMENT)
1995No. . 2 Auditors and Accountants (Registration) (Amendment)2
person registered as aCertified PublicAccountant in PublicPractice;
thatinsertingby(ii)indefinition an
a p p r o p r i a t eorder;alphabetical
and
wordsdeleting the(iii) byauditor'' authorized
wherever they appear in thisAct and substituting for
,ertif iedthem the words "C.Public Accountant in PublicPractice.''
definitionthein(b)"authorized accountant"-
thatdeletingby(i)anddefinition
for itsubstitutingthe followingdefinition-
Public''Certified
NAKALA MTANDAO (ONLINE DOCUMENT)
No. 2 Auditors and Accountants (Registration) (Amendment) 1995 3
ameansAccountant''person registered as a
PublicCertifiedAccountant;
thatinsertingby(ii)anindefinition
appropriatealphabetical order;
(iii) by deleting the wordsa u t h o r i z e d11
accountant" whereverthey appear in thisAct curl substituting
wordsfor them thePublic"Certified
Accountant";
by deleting the following-(c)
.approved accountant''(i)and "Registrar" fromthe definition sectionand wordsthe. approved accountant''
."Registrar''an dwherever they appearin this Act;
NAKALA MTANDAO (ONLINE DOCUMENT)
4 No. 2 Auditors and Accountants (Registration) (Amendment) 1995
"register'', andadding the following
(ii)(d) by
definitions in their properalphabetical order in thissection-
means aTechnician''''Accountingregistered by theperson
Board as such and having metthe conditions stipulated forthat registration'';
''Assets'' includes property or rightowned by a business entitythat has money values whetherit be tangible or intangible
immovableormovableproperty;
''Annual Gross Turnover or GrossRevenue'' means the volume ofbusiness atransacted by
orentitybusinessorganization in a yearmeasured in sales or revenue;
"Executive Director'' means theChief Executive of the Boardappointed under section 6;
NAKALA MTANDAO (ONLINE DOCUMENT)
No. 2 Auditors and Accountants (Registration) (Amendment) 51995
''Graduate Accountant'' means aperson who has successfullycompleted the professional
examination as recognized by theBoard but lacks the workingexperience to qualify forregistration as Certified
Public Accountant;
"firm'' means a body of registeredCertified Public Accountantcarrying on business for fee,reward or other monetaryconsideration in the UnitedRepublic whether incorporated orunincorporated;
''Minister'' means the Minister forthe time being responsible forthe accountancy profession; anddeleting the definition for"register", and
(e) by deleting the definitionII register'' andfor
aswordredefining thatfollows and putting it in
alphabeticalits properorder in this section-
NAKALA MTANDAO (ONLINE DOCUMENT)
6 No. 2 Auditors and Accountants (Registration) (Amendment) 1995
''register'' means the Register
of Certified PublicAccountants in Public
II the ''Register ofPractice ,Certified PublicAccountants " , the " Registerof Graduate Accountants'',the ''Register of AccountingTechnicians, '' the Registerof Practicing Firms'' or anyother register as the casemay be, maintained by theBoard in accordance withthe provisions of this Act;
Amendment 3. The principal Act is amended insection 4-of
section 4(a) in paragraph ((-,)-
(i) by deleting the words''and auditing'' which
appear at the end ofthat paragraph andsubstituting for themthe following-''auditing and allied
subjects''.
NAKALA MTANDAO (ONLINE DOCUMENT)
Auditors and Accountants (Registration) (Amendment) 71995No. 2
by deleting paragraph (e) to(g) and by adding thefollowing new paragraphs-
(b)
to stipulate(e)o raccountancy
auditing standards and
a 8g: u i d e I i n e sappropriate and toensure the complianceof the standards andguidelines thebysubjects;
registerto maintainof Certified Public
(f)
Accountant in PublicCertif iedPractice,
Public Accountants,Graduate AccountantsAccounting Techniciansaid practicing firms;
to consider and decide(g)upon applications forregistration A toeffect registration ofPracticingaccountants,
NAKALA MTANDAO (ONLINE DOCUMENT)
8 No. 2. Auditors and Accountants (Registration) (Amendment) 1995
Accountants,Accounting Technicianand practising firms;
theto regulate(h)activities and conductAccounts PublicAccountants in Public
CertifiedPractice,Public Accountants,Graduate AccountantsAccounting Techniciansand practising f firms;
evaluate(i) foreigntoa r, (% o u n t a n c yqualifications forexemption from parts
Board'stheofexamination;
theformulateto(j)appropriate NationalAccountancy Scheme and
and overseesyllabiAccountancythat
syllabi in traininginstitutionsthroughout the countryare in accordance with
NAKALA MTANDAO (ONLINE DOCUMENT)
No. 2 1995 9Auditors and Accountants (Registration) (Amendment)
N a t i o n a 1t h eAccountancy Scheme andsyllabi;
to evaluate internal.institutional
(k)
accountancyforqualifications
exemption from partsBoard'sof the
examination; and
suchcarry outto(1)other functions afterconsultation with theMinister.''
Section 7 of the principal Act4.Amendment I
is amende-of
by(1)subsectioninsection 7 (a)openingthedeleting
paragraph to that subsectionand substituting for it thefollowing-
Executive"7(1) TheandDirector keepshall
maintain ofRegistera
NAKALA MTANDAO (ONLINE DOCUMENT)
10 No. 2 Auditors and Accountants (Registration) (Amendment) 1995Certified Public Accountants
in Public practice,
Certified Public
Accounts and Accounting
Technician in which the
name of every person
entitled to have this name
entered in that Register as
a Certified Public
Account in Public
practice, Certified Public
Account, Graduate
Accountant Accounting
Technician, as the case soon
as is practicable after
being accepted by the Board
for registration, showing
against his name the
following particulars";
(b) by adding immediately after
subsection (2) the following
new subsections-
"(3) Any person who does not
quality for registration
under subsection (1) of this
section but who is an
accounting or auditing
NAKALA MTANDAO (ONLINE DOCUMENT)
Auditors and Accountants (Registration) (Amendment ) 1995No. 2 11
has notpersonnel whocompleted relevant studiesto-qualify for registration,shall haveaccordance
a title inwith the
.prescription of -titles asshall be issued by 'We
Executive W., Motor from timeto time.
The Executive Director(4)shall keep and maintain aregister of firms in whichevery practising firm ofCertified Public Accountants
Practicein Public orCertified Public Accountantsshall register their firmsand registerthe shallcontain-(a) names of the partners,
members or associatesof the firm;
.(b) qualifications of suchPartners, members orassociates;
NAKALA MTANDAO (ONLINE DOCUMENT)
199512 No. 2 Auditors and Accountants (Registration) (Amendment)
of theaddressthe(0)of f iceregistered
Where SPY carry onbusiness;
numberregistration(d)companiesunder the
Ordinance or BusinessNames (Registration)Ordinanceapplicable; and
if
the classification in(e)which each of thepartners, members orassociates of the firmare registered underthis Act. ''
Section 8 of the principal ActAmendment 5is amended-of
section 8by deleting subsection (1)(a)and (21) and substituting for
following newthem thesubsections-
NAKALA MTANDAO (ONLINE DOCUMENT)
13No. 2 Auditor and Accountants (Registration) (Amendment) 1995
ExecutiveThe"8(1)Director shall cause to bepublished in the Gazette, assoon as may be practicable
theregistration,address
afterandname
qualifications eachofCertif ied Public Accountant
Certif iedPractice,inPublic Accountant, Graduate
AccountingAccountant,PracticingandTechnician
subject to thef irm anddirections of the. Board, maycause to be, so published any
deletionamendment to orfrom the register.
8(2) The Executive Directorshall cause to be publishedin the, Gazette, as soon asconveniently may be afterthe first day of January ineach year, a list containing
andthe names, addressedallofqualifications
registered Certified PublicPublicinAccountants
Practice, Certif ied Public
NAKALA MTANDAO (ONLINE DOCUMENT)
199514 No. 2 Auditors and Accountants (Registration) (Amendment)GraduateAccountants,
Accountants,-
Accountingremaining onTechnicians,
the register at, the close ofthe previous year togetherwith the list of practisingf irms. ''
Amendment 6. Section 10 of toethe Principal Act isofamended-section 10
to, deleting subsection(a)(2) and substitutingfor it the following-
" (2) Notwithstandingprovisionsthe of
paragraph (a) and (b)of subsection (1), theBoard may-
require(a) anyperson to whomeither of thesaid paragraphsapplies to passsuchexamination asthe Board mayprescribe; or
NAKALA MTANDAO (ONLINE DOCUMENT)
No. 2 Auditors and Accountants (Registration (Amendment) 1995 15
specify a time(b)forrequired
practicaltoexperience
be gained by aperson to whomeither of theparagraphsapplies beforesuch person isentitled to beregistered.
by deleting subsection(b)(3) and substitutingfor it the following-
''(3) The Boardrequireshall
applicantanrf o
registrationthisunder
tosectionsatisfy it that
sihprofessional
generalandhasconduct
NAKALA MTANDAO (ONLINE DOCUMENT)
1995No. 2 Auditors and Accountants (Registration) (Amendment)16
been as,suchin the opinionof the Board,to vale him af it and properperson to beregistered ase i t h e r aC e r t i f i P d-P u b 1 i cAccountant, inP u b I i cPractice,- -C e r t i f i e dP u b I i cAccountant,-G r a d u a t eAccountant orAccountingTechnician.
(4) The Board shallanrequire-
applicant forregistrationunder thissection t o-
thatsatisfyh i sih
-
-
or
-
-
-
a
NAKALA MTANDAO (ONLINE DOCUMENT)
Auditors and Accountants (Registration) (Amendment) 1995No. 2 17
professionaland generalconduct hasbeen such as,in the opinionof the Board,to make him af it and. properperson to beregistered aseither a-C e r t i f i e dP u b 1 i cAccountant inP u b I i c-Practice, aC e r t i f i e dP u b I i c
aAccountant,G r a d u a t eAccountant, anAccounting-Technician or apractisingf irm-
-
-
in
a
NAKALA MTANDAO (ONLINE DOCUMENT)
1995No. 2 Auditors and Accountants (Registration) (Amendment)18
7,. The principal Act,is amended by addingimmediately after newsubsection (4) of10, the following newsections-
"Addition ofSections10A,10B,10C,10D,
Subject to the otherQualifications for 10(A)provision of this Act,person shall be entitled
aregistration of
Certified Public.on making an application toAccountants in
thethe Board and inprescribed manner and on
Public Practice
payment to the Board, of theto beprescribed fee,
registered under this Act andto have his name entered inNot Register of CertifiedPublic Accountants in publicPractice upon being, issued
ofCertificatewith aPractice by the Board.
Subject to the other100)provisions of this Act, aperson shall be entitledon making an application tothe Board, in the prescribedmanner and on payment to the
Qualificationsfor registrationCertif ied.PublicAccountant,
NAKALA MTANDAO (ONLINE DOCUMENT)
19Auditors and Accountants (Registration) (Amendment) 1995No. 2
Board of the prescribedfee, to be registered underthis Act and to have his nameentered in the Register o fCertified Public Accountants.
10(c)Qualification for Subject to theregistration of provision of thisGraduate Accountant personAct, a shall be
entitled on making anapplication to the Board, inthe prescribed manner and onpayment to the Board of theprescribed fee, to beregistered under this Act andto-have, his name entered inthe Register of GraduateAccountants upon successfullycompleting the, Certif iedPublic Accounting Examination
or its equivalent but lacksrelevantthe practical
experience for registrationa Certified Publicas
beAccountant, mayasprescribed by the Board.
NAKALA MTANDAO (ONLINE DOCUMENT)
1995No. 2 Auditors and Accountants (Registration) (Amendment)20
thetosubject10(D)provisions of this section aperson shall be entitled onmaking &an application to theBoard, in the prescribedmanner and on payment to theBoard of the prescribed feeto be registered under thisAct and to have his nameentered in the Register ofAccounting Technicians:-
Qualifications forregistration ofAccounting Technicians
of anmember(a) ao fInstitute
AccountingtheTechnicians,
membership of which isforrecognized the
thetime being byBoard as furnishing asufficient guaranteeof academic knowledgeand relevant practicalexperience i nAccounting;
aisperson whoa(b)holder of the Board'sAccounting Technician
NAKALA MTANDAO (ONLINE DOCUMENT)
21Auditors and Accountants (Registration) (Amendment) 1995No. 2
Certificate (ATEC) orits equivalent asrecognized thefor
the time being byas qualifyingBoard
for registration as anAccounting Technician.
Repeal of Section 12 of the, Principal Act is8.hereby repealed.section 12
Amendment of 9. The Principal Act is amended insubsection (1) of section 13 by deletingthe opening paragraph of that subsectionand substituting for it the following-
section 13
''13(l) The Board my at any timethat thedirect name of a
Certified Public inAccountantCertif iedPractice, aPublic
Public Accountant, GraduateAccountinganAccountant,
Technician or Practising Firm IDdeleted from the classificationwhere such person or firm has-''
Addition The principal Act is amendedadding immediately
10.of afterby
subsection (5) Of Section13 the following new section-
12A13B
NAKALA MTANDAO (ONLINE DOCUMENT)
1995No. 2 Auditors and Accountants (Registration) (Amendment)22
Issuance of, 13A Notwithstanding theother provisions of thisand procedure
to. obtain Act, no person shall,'Certificate whether incorporated orof practice'' unincorporated practise
as an accountant orauditor unless he appliesand obtains a Certificateof Practice from theBoard.
''Issuance of 13B No firm other than afirm Issued with aclearance
and procedureonto obtain, shall carry
certificate oras AuditorsbusinessAccountants whether corporateor incorporate.
clearance
(2) The Executive Directorshall issue a certificate ofclearance to a firm that applies
afterfor that certificateascertaining-
registrationthe(a)status of the membersor partners of thatfirm;
or
22
NAKALA MTANDAO (ONLINE DOCUMENT)
23No. 2 Auditors and Accountants (Registration) (Amendment) 1995
(b) manpowert h ecapabilities theoff irm;
the classification in(0)which the members or
arepartners f irmregistered.
The Certificate of Clearance(3)issued under subsection (2)this section shall stateclassification Of the registrationof members and partners of thef irm.
ofthe
(2) Where, a person undersubsection (1) of this sectionapplies in 8. prescribed fora Certificate Of practice andafter paying a prescribed fee, the
Certificate ofBoard may issue apractice to that person.
Section 14 of the principalAmendment 11.Act is amended by of adding theofword "firm" immediately afterSection 14the word ''Person" wherever thelatter appears in this section.
NAKALA MTANDAO (ONLINE DOCUMENT)
1995No. 2 Auditors and Accountants (Registration) (Amendment)24
12. Section 15 of the principalAmendmentAct is amended-of
. by deleting the opening paragraphand substitutingfollowing-
(a)section 15for theit
If any Certified Public" 15.Practice,Accountant, in Public
Certif ied Accountant,PublicAccountingGraduate Accountant,
Technician or firm is convicted ofany of f Price against this Ant oris, after due inquiry held by theBoard, found to have been guiltyof any act or omission amounting
ordisgracefulimpropertogrossly, negligent professionalconduct, the Board may-''
in paragraph (e) of that(b)adding(1)section by
immediately before the full'' and anystop the words
Certificate of Practice orany other certificate issuedto him by the Board undersection 13A or 13B bereturned to the Board forcancellation.''
NAKALA MTANDAO (ONLINE DOCUMENT)
25Auditors and Accountants (Registration) (Amendment) 1995No. 2
Amendment 13. Section 16 of the, principalof Act is amended- subsection (1) by-Section 16
adding the words ''or firm''(a)immediately after the word
It which appears init personthe second line before theword "whose", and
(b) adding the words ''or by alegal representative. of thefirm'' immediately after the
I. which appearsword ''Personin the third line of thatsubsection between the wordsto in'' and "but".
Amendment 14. Section 17 of the principal Act isamended by deleting the word ''five'' whichappears in the last line of that sectionand substituting for it the words ''twohundred".
ofSection 17
Amendment 15. Section 18 of the principal Act isamended in subsection (I)-of
Section 18by adding(a) f irm"the word . . orimmediately after the wordIt person'' which appears in thefirst line of that subsection; and
25
NAKALA MTANDAO (ONLINE DOCUMENT)
26 No. 2 Auditors and Accountants (Registration) (Amendment) 1995
afterby adding immediatelyparagraph (g) the, following newparagraphs-
(b)
"(h) -to theenterto refusefirm's name % the registerof practising firms,
to suspend the effect ofregistration of the firm inthe register. ''
Q)
Amendment Section 19 of the principal Act is16amended in subsection (1) to, deletingparagra.ph (e) and substituting for it thefollowing new paragraph (e)-
ofSection 19
. (e) a Certified Public Accountant inPublic Practice in the employmentof the Tanzania Audit Corporation,and nominated by the DirectorGeneral of the Corporation.''
17. Section 20 of the principal Act isAmendmenthereby amended-ofby adding the marginal note as follows-section 20 (a)
andStyles"Use of certainTitles''; and
NAKALA MTANDAO (ONLINE DOCUMENT)
Auditors and Accountants (Registration) (Amendment) 1993No, 2 27-and(b) deleting paragraph (c)by
substituting for it the following-
" (C) in the case of a personwhose name has been enteredon the Register of ''GraduateAccountant'';
new paragraph (d) asby adding(c)follows-
'' (d) in the ease of a personwhose name has been entered
ofRegisterthe,onAccounting Technicians,
Accounting Technician''.
18. Section 21 of the principal Act isAmendmentrepealedof and replaced by thefollowing-Section 21
21 Any person who-''Offencesrelating to
not being a(a)use of stylesand titles Certified Public
inAccountantP u b I i cPractice, or a
NAKALA MTANDAO (ONLINE DOCUMENT)
1995No. 2 Auditors and Accountants (Registration) (Amendment)28
CertifiedP u b I i cAccountant,G r a d u a t eAccountant or
AccountinganTechnicianf a 1 s e 1 ypretends to besuch; or
being anot(b)person entitledto anyusestyle or titlereferred to insection 20,uses such style
title ororuses any othername, style,
o rt i t 1 edescription,i m p I y i n g ,
inwhetheror initself
ehtcircumstancesin which it is
NAKALA MTANDAO (ONLINE DOCUMENT)
29Auditors and Accountants (Registration) (Amendment) 1995No. 2
used, that suchisperson
entitled to usesuch style ortitle;
not abeing(C) C e r t i f i e dP u b I i cAccountant inP u b 1 i cPractice, holdshimself out,w h e t h e rdirectly or byimplication, tobe- a CertifiedP u b 1 i cAccountant inP u b I i cPractice;
(d) not being aC e r t i f i e dP u b 1 i cAccountant inPublic PracticeOr a CertifiedP u b 1 i cAccountant,
NAKALA MTANDAO (ONLINE DOCUMENT)
1995No. 2 Auditors and Accountants (Registration) (Amendment)30
himselfholdswhetherout I
directly or byimplication, tobe a CertifiedP u b 1 i c
inAccountantP u b 1 i cPractice;
abeingnot(e)CertifiedP u b I i a
inAccountantP u b 1 i cPractice,CertifiedP u b I i c
orAccountantGraduateAccountant
himselfholdswhetherout,
Directly or byImplication, tobe a GraduateAccountant;
NAKALA MTANDAO (ONLINE DOCUMENT)
ab e i n g(f)G r a d u a t e
orAccountantAccountantan
Technicianhimselfholds
whetheroutdirectly or byimplication tobe, a Certif iedP u b 1 i c
inAccountantPublic Practiceor a CertifiedP u b 1 i cAccountant;
abeingnot(g)issuedf irm
aw i t hofCertificate
clearance holdshimself out Iw h e t h e rdirectly or by
asimplicationh a v i n g a
ofcertificateclearance;-
1995No. 2 Auditors and Accountants (Registration) (Amendment) 31
NAKALA MTANDAO (ONLINE DOCUMENT)
No. 2 Auditors and Accountants (Registration) (Amendment) 199532
not(h) athavingleast onemember o rpartner aasregisteredCertified
P u b 1 i cAccountant inPublic Practiceor Certif iedP u b I i cAccountant,shall be, guiltyof an offenceand beshallliable 0 nconviction to afine n o t
sixexceedingh u n d r e dthousandshillings or toimprisonmentfor a term not
twoexceedingyears toorboth such fine
na dimprisonment . ''
NAKALA MTANDAO (ONLINE DOCUMENT)
33No. 2 Auditors and Accountants (Registration) (Amendment) 1995
Amendment1.9. Section 22 of the principal Act isamended- of
section 22the marginaldeletingby(a)
note and substituting thatthewithnotemarginal
following-''Restriction on
aspracticeCertified
i cP u b 1inAccountant
Public PracticeCertifiedor
P u b 1 i cAccountant " ;
bysubsectionin(b) (6)deleting the word ''fifty''which appears in the fourthline of that subsection andsubstituting for it thewords ''seven hundred fifty'and
I
by deleting subsection (7)".(e)
NAKALA MTANDAO (ONLINE DOCUMENT)
34 No. 2 Auditors and Accountants (Registration) (Amendment) 1995
20. Section 23 of the principal Act isAmendment
of hereby amendedwadSection 23 ( a ) by deleting subsection (2)
substituting for it the- following-
'' (2) No person shall employor continue. to employ as anaccountant any person who isnot-
Certified Publica(a)Accountant, or
G r a d u a t ea(b)Accountant" ;
by deleting Subsection (3)and (4) and substituting forthem the following-
(b)
"(3) No person shall takecontinue in anyorUP
auditoremployment, as anis a Certif iedunless he
Public Accountant in Publicpractice;
No person shall take,continue
(4)or anyinup
NAKALA MTANDAO (ONLINE DOCUMENT)
No . 2 35Auditors and Accountants (Registration) (Amendment) 1995
employment as an Accountant-~unless the, is a Certified
Public Accountant, orGraduate Accountant . "
by adding new subsection (5)immediately after subsection(4) as follows-
(C)
No person shall takeContinue
(5)or in anyemployment as an AccountingTechnician unless hoe is anAccounting Technician;
by(e) in section 23renumbering subsection(5) as (6) and (6) as(7); and
in subsection (6) as(f)byrenumbered,
deleting wordsthe" exceeding twenty''which appear in thethird line thatof
andparagraphsubstituting for themthe, words ''less than
NAKALA MTANDAO (ONLINE DOCUMENT)
1995No. 2 Auditors and Accountants (Registration) (Amendment)36
two hundred thousandshillings but not
sixexceedinghundred,"
Amendment 21. Section 24 of the principal Actis amended-of
section 24subsectionin in(a) (1)
paragraph (a) by deleting-
the words ''ten'' which(i)appears in the f firstline of that paragraphand substituting forit the "onewordshundred";
(ii) (b) byin paragraphdeleting wordthe''five'' which appears
in the first line ofthat paragraph andsubstituting for it
fifty";the wordsby(b) immediatelyinsertingafter subsection (1) the
new subsectionfollowing(2)-
NAKALA MTANDAO (ONLINE DOCUMENT)
No. 2 37Auditors and Accountants (Registration) (Amendment) 1995
without theprejudice toProvisions of subsection (1)of this section, every bodyof Persons, whethercorporate or unincorporated,engaged in Tanzania in any
ortrade, businessProfession, which has-
(a) assets in Tanzania thevalue of which is lessthan hundredonemillion shillings; or
annual(b) an grossturnover in Tanzania
which is less thanfifty thousand millionshillings, shall keep
booksProper ofaccounts";
in(b) subsection (2) bydeleting the word ''fifty''Which appears on the lastline of that subsection andSubstituting for it the
1. six hundred".words
(2)
whetherPersons,
NAKALA MTANDAO (ONLINE DOCUMENT)
1995No. 2 Auditors and Accountants (Registration) (Amendment)38
22. Section 25 of the principalAmendmentAct is amended-of
section 25
(b) ofin paragraph(a)(2) bysubsection
deleting wordstheone hundred and fiftythousand" which appearin that paragraph andsubstituting for them
words " fivethemillion'' -1)
(3) in thein subsection(b)definition of-
"a pp r o p r i a t e(i)authority" by deletingthe words ''Income TaxManagement Act'' andsubstituting for those,
wordsthewords''Income Tax Act'',
bytax''" income(ii)wordsthedeleting
''East African IncomeTax Management Act''and substituting forthem the words '' Income
..Tax Act , and
NAKALA MTANDAO (ONLINE DOCUMENT)
39Auditors and Accountants (Registration) (Amendment) 1995No. 2-
and'' income '' " gross(iii)deletingbyincome"
'' Income Taxthe words
andActManagementsubstituting for themthe word "Income TaxAct, ; and
theby deleting(iv)n o t e,ma r g i n a I
"Community Laws cap. 24
and substituting forit the marginal note''Act No.:33 of 1973''-
in subsection (5) of thatsection by deleting thewords ''exceeding twenty'' and
(c)
substituting for them thewords '' less than three
hundred thousand shillingsnineexceedingbut not
hundred. '' .
Section 26 of the principal Act Repeal23.ofis repealedsection 26
NAKALA MTANDAO (ONLINE DOCUMENT)
199540 No. 2 Auditors and Accountants (Registration) (Amendment).24. Section 27 of the principal. ActRepeals
of is hereby repealed.section 27
Section 30 of the principal Act25.is amended by adding immediatelybefore the full stop of subsection
(1) the following-
Amendmentof
section 30
"or any other external auditorselected from among names ofexternal auditors proposed by theBoard''.
Amendment 26. Section 31 of the principal Act isrepealed and replaced by the followingnew section-
'I ofsection 31
31."Chairman's The Chairman shall, at theend of each financial year, preparea report of the activities of theBoard during that financial year andsubmit such report to the Minister.''
report
Section 34 of the principal27.AmendmentAct is amended by-of
.section 34wordsthedeleting(a)
''Registrar's report" in-
NAKALA MTANDAO (ONLINE DOCUMENT)
No. 2 41Auditors and Accountants (Registration) (Amendment) 1995
the marginal note- and, ,(i)Paragraph (b); andby substituting
(ii)(iii) for
those words, the words"Chairman's report''.
28. Section 36 of the principal Act Amendmentis amended- of
section 36by deleting paragraph (b)and substituting for it thefollowing-
(a)
'' (b) fraudulently procuresor attempts to procure,whether for himself or anyother person, registrationas a Certif ied PublicAccountant in PublicPractice. Certif ied Public
GraduateAccountant,Accountant or AccountingTechnician;"
(b) by wordsthedeleting"twenty'' which appears inthe second line of theParagraph and substitutingfor them finishing the words
by
Accountant,
as
(a)section 36of
for(iii)(ii)
(i)
NAKALA MTANDAO (ONLINE DOCUMENT)
42 No. 2 Auditors and Accountants (Registration) (Amendment) 1995
'' which appears in''twentythe second line of theparagraph and substituting
"sixwordsfor them thehundred''.
Section 38 of the principal Act is29."Amendmentamended-ofin the opening paragraph of thatsection by inserting immediately
(a)Section 38
after the, word ''may'' which appears.. andbetween the words ''Minister
''make'' the following phrase-
''after consultation with thenoticebyandBoard
...published in the Gazette ,
by deleting paragraph(b)(d) '' and
renumberingby(C)paragraph (e) as (d).
.30. Section 39 of the principal Act isamended-
Amendmentof
in subsection (1) by-section 39 (a)
paragraphsdeleting(a)(j) to (n); and
NAKALA MTANDAO (ONLINE DOCUMENT)
43Auditors and Accountants (Registration) (Amendment) 1995No. 2
immediatelyadding(ii)paragraph (i)after
newfollowingtheparagraph-
"(j) prescribingtermsrules,
conditionsandrf o
registration;
prescribing the(k)fees to be- paid
applicationonrf o
registration,ofthe issueofcertificate
andpracticefor, extracts
andcopieslists of, or in
to,relationentries in theregister;
prescribing(1)classification
thewithin
the
(ii) adding
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44 No. 2 Auditors and Accountants (Registration) (Amendment) 1995
forregistersdifferentlevels or typesof
qualificationsand competence;
prescribing the(M)of feesscale
bemaywhichbycharged
accountants andforauditors
s e r v i c e 8rendered by,them;
authorizing the(n)Executive
toDirectoronarbitrate
any dispute asto fees charged
a n yb yaccountant;
Prescribing(0)andrulesforprocedures
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Auditors and Accountants (Registration) (Amendment) 1995No. 2 45
exemption ofthepart of
B o a r d'sexaminationscheme;
prescribing(P)whichanything
isormayrequired to be
byprescribedthe Board'';
(b) by deleting subsection(2); and
renumbering subsection(c)
(3) as (2) -
31. The Schedule to the principalAct is amended-
Composition1(1) The Board shall consist of aChairman who shall be appointed bythe President.
of the BoardChairman andmembers' tenureof officeThe Minister shall, after(2)
Board,the,withconsultationappoint-
NAKALA MTANDAO (ONLINE DOCUMENT)
46 No. 2 Auditors and Accountants (Registration) (Amendment) 1995
the Executive Director;(a)
six other members;(b)shall bepersonand no
hasunless heappointedpracticalandknowledge
accountancyexperienceprofession; and
five other members to be(c)thebyrecommended
association representativeaccountancyof all
professionals.''
Executive(3) Theappointed underDirector
sub-paragraph (2) of thisparagraph shall be an ex-officio member of the Board.
The Chairman of the(4)Board may, unless he resigns
his ismembershiporotherwise terminated, holdoffice for a maximum of twoconsecutive. terms of threeyears each term.
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,No. 2 47Auditors and Accountants (Registration) (Amendment) 1995
(5) A member of the, Boardshall hold office forthree years unless-
he resigns;(a)(b) he otherwise vacates
his off ice;(c) his appointment i's
revoked by theappointing authority;or
(d) he fails to attend toconsecutivethree
withoutmeetingsthereasons to
satisfaction of theBoard.
(6) The appointingauthority may fill In anyvacancy occurring in themembership, and may revokethe appointment, ofmember,replacement
anyand appoint a
in accordancewith sub Paragraph (2) ofthis paragraph.
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48 1995No. 2 Auditors and Accountants (Registration) (Amendment)
(7) A member may resignby giving notice in writingin writing to the appointingauthority of his intentionto do so.
In this paragraph(8)appointing authority'' means
the Minister.''in sub-paragraph (2)(b)of paragraph 2, bydeleting the words''two'' which appears inthe first line between
"of" andthe words. . a n d"y e a r s"
substituting for thatword the word ''three",in paragraph 4 by(c)
immediatelyaddingsub-paragraphafter
(5) the, following newsub-paragraph-''(6) The Board shall
appoint Committees astonecessaryare
conduct the, affairs ofthe Board.''
Passed in the National Assembly on the 20th February, 1995.
Printed by the Government Printer, Dar es Salaam-Tanzania
/ ; /*Y'-7 ,
Clerk of the National Assembly
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