Public Private Partnership

ISSN 0856 – 0331X

THE UNITED REPUBLIC OF TANZANIA

BILL SUPPLEMENT
No. 0 18th June, 2010
to the Gazette of the United Republic of Tanzania No. 13 Vol. 91 dated 18th June, 2010
Printed by the Government Printer, Dar es Salaam by Order of Government

THE PUBLIC PRIVATE PARTNERSHIP ACT, 2010

ARRANGEMENT OF SECTIONS

PART I
PRELIMINARY PROVISIONS

Section Title

1. Short title and commencement.

2. Application.
3. Interpretation.

PART II
OBJECTIVES
4. Objectives.
5. Role of stakeholders.

PART III
ESTABLISHMENT AND ADMINISTRATION OF THE PUBLIC PRIVATE PARTNERSHIP
COORDINATION UNIT

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6. Co-ordination Unit.
7. Functions of the Unit.
8. Co-ordinator.
9. Public- Private Partnership Unit.

PART IV
PARTICIPATION OF PRIVATE PARTY

10. Responsibilities of contracting authority.

11. Feasibility study.
12. Public-private partnership agreement.
13. Land acquisition.
14. Dispute resolution.
15. Duration and extension of an agreement.
16. Vetting of agreements.
17. Procurement process.
18. Project officers.
19. Signing of public private partnership agreements.
20. Responsibilities of accounting officers.
21. Amendment of public private partnership agreements.
22. Enjoyment of benefits.

PART V
MISCELLANEOUS PROVISIONS

23. Monitoring and evaluation.

24. Conflict of interest.
25. Duty to take care and exercise due diligence
26. General penalty.
27. Regulations.

PART VI
CONSEQUENTIAL AMENDMENTS TO THE TANZANIA INVESTMENT ACT

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28. Construction.
29. Amendment of section 6.
30. Amendment of section 11.

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NOTICE
_______

This Bill to be submitted to the National Assembly is published for

information to the general public together with a statement of its objects and
reasons.

Dar es Salaam, PHILLEMON L. LUHANJO,

14th June, 2010 Secretary to the Cabinet

A BILL

for
An Act to give effect to the public-private partnership policy; to
provide for institutional frameworks for the
implementation of public-private agreements between
public sector and private sector entities; to set rules,
guidelines and procedures governing public-private
procurement, development and implementation of public
private partnership and to provide for other related
matters.

ENACTED by Parliament of the United Republic of Tanzania.

PART I
PRELIMINARY PROVISIONS

Short title 1.-(1) This Act may be cited as the Public-Private

and Partnership Act, 2010.
commence-
ment

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(2) This Act shall come into operation on such date as the
Minister may, by order published in the Gazette, appoint.

Application 2. This Act shall apply to Mainland Tanzania in respect of

projects undertaken in partnership between the public sector and
private sector.

Interpreta- 3. In this Act, unless the context otherwise requires:

tion
“affordable” in relation to an agreement, means that the contracting
authority shall meet any financial commitment likely to be
incurred in relation to that agreement, from its inception to
future budgetary funds;
“agreement” means a public private partnership agreement entered
into in terms of this Act;
“asset” includes an existing asset of a relevant contracting authority
or a new asset to be acquired for the purposes of entering
into an agreement;
“Centre” means the Tanzania Investment Centre established by the
Cap. 38 Tanzania Investment Act;
“contingent liability” includes Government guarantee for loan and
foreign currency transfer and step-in function in the event of
default by the relevant contracting authority;
“contracting authority” means any Ministry, government
department, local authority or statutory corporation;
Caps. 287 “local government authorities” shall have the meaning ascribed to it
and 288 under the Local Government (District Authorities) Act and
the Local Government (Urban Authorities Act);
“Minister” means the Minister responsible for investment;
“private party” in relation to an agreement, means a party to the
agreement other than a contracting authority;
“project” means a project to be implemented under an agreement
entered into under this Act;
“private sector” means a sector other than a public sector;
“public sector” means the Central Government, local government

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authorities and any other person acting on behalf of the

Central Government or local government authorities;
“public private partnership” means investment through private
sector participation in a project undertaken in term of this
Act;
“public private partnership agreement” means a contractual
arrangement between a contracting authority and a private
party entered into in terms of this Act;
“request for proposal” means the specific terms of the project
requirements, the procedures for submission of bids, the
criteria for the evaluation of bids and includes a model
agreement;
“Unit” means the Public-Private Partnership Coordination Unit
established under section 6.

PART II
OBJECTIVES

Objectives 4.-(1) The objectives of this Act shall be to promote private

sector participation in the provision of public services through
public-private partnership projects in terms of investment capital,
managerial skills and technology.
(2) Without prejudice to the generality of subsection (1), the
specific objectives of this Act shall be to-
(a) develop an enabling legal and institutional
framework to guide investments in public-private
partnership;
(b) to implement effective strategy indicating specific
obligations and rights for various stakeholders;
(c) introduce fair, equitable, transparent, competitive
and cost effective procurement processes for
public private partnership;
(d) adopt operational guidelines and criteria for
public private partnership;

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(e) develop institutional capacities for technical

analysis and negotiation of public-private
partnership and associated contracts; and
(f) establish efficient and quality socio-economic
public private partnership within the country.

Roles of 5. The roles of the public sector, private sector and other
various stakeholders and actors under this Act shall be as follows-
stakeholders
(a) the public sector shall facilitate implementation of
the public-private partnership projects by-
(i) identifying projects;
(ii) monitoring and evaluation;
(iii) putting in place appropriate enabling
environment, including-
(aa) favourable policies;
(bb) implementation strategies;
(cc) legal and institutional framework;
(b) private sector, shall play the role of identifying
and implementing public-private partnership
projects by:
(i) carrying of feasibility studies;
(ii) mobilizing resources;
(iii) risk sharing;
(iv) monitoring and evaluation;
(v) providing technical expertise and
managerial skills;
(c) other stakeholders, and public in general, shall
support the implementation of public-private
partnership projects through monitoring and
evaluation, and dissemination of information.

PART III
ESTABLISHMENT AND ADMINISTRATION OF THE CO-ORDINATION AND FINANCE UNITS

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Public 6.-(1) There is established a Unit within the Tanzania

Private Investment Centre to be an integral part of the Centre.
Partnership
Co-
ordination
Unit
(2) The Unit shall deal with promotion and co-ordination of
all matters relating to public-private partnership projects undertaken
within the Mainland Tanzania.
(3) The projects referred to under subsection (2) shall be
under- taken in productive and non-productive sector, including but
not limited to the following sectors:
(a) Agriculture:
(i) crop farming;
(ii) livestock;
(iii) poultry;
(iv) fisheries;
(v) irrigation;
(b) Infrastructure:
(i) roads;
(ii) bridges;
(iii) railways;
(iv) airports
(v) aviation
(vi) shipping and navigation;
(vii) energy;
(viii) buildings
(c) Industry and Manufacturing;
(d) Exploration and Mining;
(e) Education;
(f) Health;
(g) Environment and Waste Management;
(h) Information and Communication Technology (ICT);
(i) Trade; and

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(j) Sports, Entertainment and Recreation.

Functions of 7. The functions of the Unit shall be to:

the Unit
(a) make an assessment of all projects submitted to it and
give its recommendations to the Public–Private
Partnership Finance Unit for purposes of ascertaining
whether the project:
(i) is affordable to the contracting authority;
(ii) provides value for money;
(iii) presents operational and financial risks to the
private party;
(b) approve proposed projects and feasibility studies
which are within the prescribed sums or costs;
(c) examine the request for proposal to ensure conformity
with the approved feasibility study;
(d) advise the Government on administrative procedures
and all matters relating to public-private partnership;
(e) develop guidelines in relation to all matters relating to
public private partnership;
(f) advise on policy in relation to public-private
partnership projects; and
(g) develop and promote public-private partnership
awareness in Mainland Tanzania.
Co- 8. The Unit shall be headed by a Co-ordinator to be
ordinator appointed in accordance with the Public Service Act.
Cap. 298

Public 9.-(1) The Permanent Secretary shall, establish within the

Private organisation structure of the Ministry responsible for finance, a Unit
Finance
Partnership to be known as a Public Private Partnership Unit.
Unit
(2) Subject to sub-regulation (1), the person to be appointed
as a Co-ordinator shall have the following qualifications:

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(a) possess a university degree or its equivalent in

social science;
(b) have at least seven years working experience in
managerial post, particularly in administration,
construction, finance, economy or in materials
management;
(c) have a knowledge in public-private partnership;
and
(d) any other qualification as the Minister may direct.
(3) The Unit shall deal with fiscal risk allocation and other
financial matters of all public-private partnership under this Act.
(4) Without prejudice to the generality of subsection (3), the
Unit shall consider and forward to the Minister responsible for
finance all projects and feasibility studies submitted to it for
purposes of appraising the Government and, where the project to be
undertaken involved public finance, the Minister shall initiate
funding process.
(5) The projects referred to under subsection (4) shall be
dealt with, and the decision thereof be given within thirty days from
the date of reception by the Unit.
(6) Where the decision is not made after expiration of thirty
days and no reason for delay has been assigned by the Minister, it
shall be deemed that the Government has consented to funding
arrangement for the project.

PART IV
PARTICIPATION OF PRIVATE PARTY

Responsibi- 10.-(1) Subject to subsection (2), a contracting authority

lities of shall, for the purposes of this Act-
contracting
authority
(a) identify, appraise, develop and monitor a project to be
implemented under this Act;
(b) undertake or cause to be undertaken a feasibility study

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where it considers that the project is suitable for

implementation under an agreement;
(c) submit the proposed project together with the
feasibility study to the Unit for consideration and
approval; and
(d) prepare a request for proposal on the approval of the
feasibility study and, where the terms of the
agreement involves public finance, seek approval of
the Minister responsible for finance.
(2) Approval of the Minister responsible for finance
required under subsection (1)(d) shall not be necessary for any
project for which there is no financial or contingent liability to the
Government.
(3) The Minister shall prepare regulations for better
implementation of this section.

Feasibility 11.-(1) Every contracting authority shall undertake or cause

study to be undertaken a feasibility study where it considers that a project
may be implemented under an agreement for purposes of assessing
whether the proposed project is feasible as public private partnership
project.
(2) The feasibility study shall-
(a) identify and define the activity which the Government
intends to outsource to a private party;
(b) assess the projected impact of intended outsourcing of
the activity to a private party on the staff, assets,
liabilities and revenues of the Government;
(c) asses the need for the Government in relation to such
activity including:
(i) various options available to the Government
to satisfy those needs;
(ii) the advantages and disadvantages of each
option;
(d) demonstrate comparative advantage in terms of

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strategic and operational benefits for implementation

under a public private partnership agreement;
(e) describe, in specific terms:
(i) the nature of the contracting authority’s
functions, the specific functions to be
considered in relation to the project and the
expected inputs and deliverables;
(ii) the extent to which those functions can
lawfully and effectively be performed by a
private party in terms of an agreement; and
(f) demonstrate that the agreement shall-
(i) be affordable to the contracting authority;
(ii) provide value for money; and
(iii) transfer appropriate technical, operational or
financial risks to the private party;
(g) explains the capacity of the contracting authority to
effectively enforce the agreement, including the ability
to monitor and regulate project implementation and the
performance of the private party in terms of the
agreement; and
(h) asses the capacity, resources and ability of the private
party to implement the project.
(3) The assessment under paragraph (c) of subsection (2)
shall indicate comparative projections of-
(a) the full costs to the Government for the activity if that
activity is not outsourced through public-private
partnership agreement; and
(b) the full costs to the Government for the activity if that
activity is outsourced through a public private
partnership agreement.
(4) Where the project which is to be undertaken is of such a
nature or type to which Environmental Impact Assessment is
Cap. 191 required under Part VI of the Environmental Management Act to
made, the contracting authority shall ensure that the Environmental

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Impact Assessment certificate is procured by the private party before

undertaking the project.
(5) Any person who contravenes any provision of this
section commits an offence and shall on conviction be liable to a
fine of not less than shillings two million or to imprisonment for a
term of two years and shall, in addition, be liable under the Public
Officers (Recovery of Debts) Act for recovery of any loss incurred
Cap. 76 by the Government for an act or omission giving rise to the loss.

Public 12.-(1) Notwithstanding the provisions of any other written

private laws, a contracting authority may enter into an agreement with a
partnership
agreement private party for the performance of one or more of the functions of
that contracting authority.
(2) The agreement entered into pursuant to subsection (1)
shall-
(a) be made in writing;
(b) specify the responsibilities of the contracting
authority and the private party;
(c) specify the relevant financial terms;
(d) ensure the management of performance of the
private party;
(e) provide for assistance by the contracting authority to
the private party in obtaining licence and permit
which is necessary for the implementation of the
project;
(f) provide for the return of assets, if any, to the
contracting authority, at the termination or expiry of
the duration of agreement;
(g) provide for the sharing of risks between the
contracting authority and the private party, where
relevant;
(h) provide for the payment to the private party, by way
of compensation from a revenue fund of charges or
fees collected by the private party from users or

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customers of the service provided by it;

(i) provide for remedies in the event of default by either
party;
(j) impose financial management duties on part of the
private party, including process relating to internal
financial control, budgeting, transparency,
accountability and reporting;
(k) provide for the termination of agreement in case of
breach of terms and conditions by either party;
(l) provide for the conditions for provision of service,
where necessary;
(m) provide for the period of execution; and
(n) contain such other information as may be necessary.
(3) Without prejudice to the provisions of subsection (2),
the agreement shall contain conditions that shall ensure that-
(a) the private party undertakes to perform a contracting
authority’s function on behalf of the contracting
authority for a specified period;
(b) the private party receives benefits for performing the
function by way of-
(i) compensation from a revenue funds;
(ii) charges or fees collected by the private
party from users or customers of services
provided by it; or
(iii) a combination of compensation and charges
or fees;
(c) the private party is liable for the risks arising from
the performance of its functions;
(d) the Environmental Impact Assessment certificate has
been issued in respect of the project;
(e) government facilities, equipment or other state
resources may be transferred or made available to the
private party; and
(f) the public and private assets are clearly specified.

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(4) Every agreement entered into under this Act shall be

governed and construed in accordance with the laws of Mainland
Tanzania or any other laws agreed by the parties.
(5) The rights, obligation and controlling interests of the
private party in any project performed under the agreement shall not
be transferred or assigned to a third party without the prior written
consent of the contracting authority.
Land 13. Where, the project requires acquisition of land for its
acquisition implementation, the acquisition shall be carried on in accordance
Caps. 113, with the Land Act, Village Land Act, the Land User Planning Act,
114, 116 Land Acquisition Act and any other relevant laws.
and 118
Disputes 14. Any dispute arising from the agreement entered into in
resolution terms of this Act shall be resolved through negotiation, mediation or
arbitration.

Duration 15.-(1) The duration of an agreement shall be provided for

and in the agreement and shall not be extended unless-
extension of
an (a) there is a delay in completion or interruption of
agreement operations due to circumstances beyond any party’s
control;
(b) the project was suspended by the Unit, contracting
authority or any other public authority; or
(c) there was an increase in costs arising from
requirements of the Unit or contracting authority
which were not fore seen or included in the
agreement.
(2) A violation of the provisions of subsection (1) by either
of the parties to an agreement shall render a defaulting party liable
for any pecuniary loss incurred by the other party.

Vetting of 16.-(1) Every agreement intended to be entered into under

agreements this Act shall, before the approval of the Minister responsible for

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contracting authority or any other relevant authority, be submitted to

the Attorney General for a legal opinion which shall be given within
fourteen days.

(2) Where the opinion of the Attorney General is not given

within fourteen days prescribed by subsection (1) and no reason is
given, it shall be assumed that the Attorney General has agreed with
the text of the agreement.

Procuremen 17.-(1) Where the Minister responsible for finance

t process approves the terms of the agreement pursuant to paragraph (d) of
subsection (1) of section 10, the contracting authority shall proceed
with the procurement process.

(2) All public-private partnership projects under this Act

shall be procured through open and competitive bidding process in
Cap. 410 accordance with the Public Procurement Act.

(3) Notwithstanding subsection (2), unsolicited bids shall be

received, considered, evaluated and accepted on case to case basis as
provided for by the relevant laws.

Project 18.-(1) As soon as a contracting authority initiates a project

officers that may be a public-private partnership, the accounting officer shall
appoint a person with appropriate skills and experience, either from
within or outside the contracting authority, as a project officer for
the project.

(2) The project officer shall be responsible for-

(a) assisting the accounting officer in monitoring the
performance of the private party and ensure that the
agreement is properly enforced; and
(b) any other duties or powers delegated by the
accounting officer to him pursuant to this Act.

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Signing of 19.-(1) The public-private partnership agreements entered

public - into under this Act shall be signed by the accounting officer of the
private
partnership relevant contracting authority.
agreements
(2) The accounting officer shall sign a public-private
partnership agreement upon fully satisfying himself that the
agreement has complied with the provisions of this Act and any
other relevant laws.

(3) Any person who contravenes any provision of this

section commits an offence.

Responsibili 20. The accounting officer who has entered into a public-
ties of private partnership agreement shall, in addition to any other
accounting
officers responsibility under this Act, take all necessary reasonable steps to
ensure that-
(a) the outsourced activity is effectively and efficiently
carried out in accordance with the agreement;
(b) any property which is placed under the control of the
private party, in terms of the agreement, is
appropriately protected against forfeiture, theft, loss,
wastage and misuse; and
(c) the entity has contract management and monitoring
capacity.

Amendment 21. A public-private partnership agreement may be

of public reviewed and amended by parties, provided that-
private
partnership (a) the Minister responsible for contracting authority has
agreements consented to the review or amendment; and
(b) other relevant stakeholders have been consulted.
Enjoyment 22.-(1) A project undertaken in accordance with the
of benefits provisions of this Act which ought to qualify for benefits granted to
Cap. 38 similar investment in respect of which a certificate has been granted

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under the Tanzania Investment Centre Act, shall be entitled to such

benefits granted under that Act.
(2) The benefits referred to in subsection (1) shall not apply
to taxable incentives.

PART V
MISCELLANEOUS PROVISIONS

Monitoring 23.-(1) All public-private partnership projects under this Act

and shall be co-ordinated and monitored by the Ministry, sector
evaluation
Ministries, Departments and Agencies under which they are carried
out.
(2) The purpose of monitoring under subsection (1) shall be
to incorporate coherent oversight and regular review mechanisms,
that would include:
(a) measurable performance targets;
(b) meaningful incentives and rewards; and
(c) effective penalties.
(3) The Ministry, sector Ministries, Departments and
Agencies shall, as much as practicable, involve other relevant
stakeholders specified under paragraph (c) of section 4 for better
implementation and conduct of monitoring and evaluation.

Conflict of 24.–(1) Where an officer of the Unit, the Public Private

interest Partnership Finance Unit or the contracting authority has any
pecuniary interest, direct or indirect, in any project, proposed project
or other matter, and is involved or participating in a process at which
the project, proposed project or other matter is the subject of
consideration, he shall, as soon as practicable after the
commencement of that process, disclose that fact and shall not take
part in or be present at the consideration or discussion of, or
involved in any question relating to the project, proposed project or
that other matter.
(2) Subject to this subsection, for the purposes of this

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section a person shall be treated as having direct or indirect

pecuniary interest in a project or other matter, if-
(a) he or his nominee is a member of a company or other
body, or is the holder of debentures in a company
with which the project is made or proposed to be
made or he has a direct or indirect pecuniary interest
in the project, proposed project or matter under
consideration; or
(b) he is a partner or in the employment of a person with
whom the project is made or proposed to be made or
who has a direct or indirect pecuniary interest in the
project, proposed project or other matter under
consideration.
(3) In this section a direct or indirect interest of a spouse or
any members of the family of an officer of the Unit, the Public-
Private Partnership Unit or the contracting authority shall, if known
to that officer, be deemed to be a direct or indirect interest of the
officer of the Unit, the Public-Private Partnership Unit or the
contracting authority.

(4) A person who contravenes subsection (1) commits an

offence and shall be the subject of criminal proceedings under the
Act No. 11
of 2007 Prevention and Combating of Corruption Bureau Act.

Duty to take 25. Every public officer performing any functions,

care and discharging any duty or exercising any power under this Act or any
exercise due
diligence other written law having bearing on public-private partnership shall
be under the obligation to take care and exercise due diligence in the
performance of the functions and discharge of duties and exercise of
powers in accordance with the provisions of this Act and any other
relevant laws.

General 26. Any person who commits an offence under this Act to
penalty which no specific penalty is prescribed shall be liable to a fine not

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exceeding shillings five million or to imprisonment for a term not

exceeding three years.

Regulations 27.-(1) The Minister shall make regulations for better

carrying out of the provisions of this Act.
(2) Without prejudice to subsection (1), the Minister may
make regulations prescribing-
(a) levying of fees and charges;
(b) investment opportunities and promotion;
(c) coverage and marginal areas under the Act;
(d) functions of local government authorities under this
Act and clear linkages of roles between the
implementation; ministries and appropriate bodies at
the local government;
(e) evaluation, operation and management of projects
under this Act; and
(f) any other matter in the promotion and furtherance of
objectives of this Act.
(3) Notwithstanding the provisions of subsections (1) and
(2), the Minister may, in consultation with the Unit make rules and
guidelines for the better implementation of this Act.

PART VI
CONSEQUENTIAL AMENDMENTS TO THE TANZANIA INVESTMENT ACT

Constructio 28. This Part shall be read as one with the Tanzania
n Cap. 38 Investment Act, hereinafter referred to as the “principal Act.”

Amendment 29. The principal Act is amended in section 6, by-

of section 6
(a) inserting after paragraph (b), the following new
paragraph:
“(c) promote private sector participation
in the provision of public services
through public-private partnership”;

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(b) re-numbering paragraphs (c), (d), (e), (f), (g) and (h)
as paragraphs (d), (e), (f), (g), (h) and (i) respectively.

Amendment 30. The principal Act is amended in section 11, by -

of Section
11
(a) inserting in subsection (1), a comma after the
designation “Executive Director”, and inserting
immediately after the comma the designation “the Co-
ordinator; and
(b) inserting in subsection (3) the words “other than the
Co-ordinator” after the word “Centre”.

__________

OBJECTS AND REASONS

__________

The Bill makes legislative proposals for establishment of

legal framework for the participation of private entities in
Government projects through special agreements. The participation
is aimed at implementing socio-economic reforms with the intention
of stimulating rate of economic growth and poverty reduction goals.

The Bill is divided into V Parts.

Part I provides for preliminary matters including the title of

the proposed law, provision for its commencement and interpretation
of terms used in the Bill.

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Part II provides for the objectives of the Act and roles of

various stakeholders in the implementation of the proposed Act.

Part III deals with the establishment of the Public Private

Partnership Co-ordination Unit within the Tanzania Investment
Centre. The Part also provides for the functions and appointment of
the Co-ordinator. Further, the Part establishes another Unit within
the Ministry responsible for finance to deal with financial aspects of
the projects.

Matters relating to involvement of private parties in the

projects, responsibilities of contracting authority, feasibility studies,
procurement arrangements, public private partnership agreements,
EIA requirements and tax benefits are proposed under the Part IV.

Part V provides for miscellaneous provisions which include

powers of the Minister to make regulations, monitoring and
evaluation, conflict of interest and general penalty.

Part VI makes proposals for consequential amendments to the

Tanzania Investment Act, Cap.38 in order to add to the current
functions of the Tanzania Investment Centre, the functions of
promoting private sector participation in the public private
partnership projects.

______
MADHUMUNI NA SABABU

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______

Muswada huu unapendekeza kuanzishwa kwa mfumo wa

kisheria utakaosimamia ubia wa watu au kampuni binafsi katika
miradi ya Serikali kupitia mikataba maalum. Ubia huo unalenga
kutekeleza marekebisho ya kiuchumi na kijamii nchini kwa lengo la
kusaidia kukuza uchumi na kupunguza umaskini.

Muswada huu umegawanyika katika Sehemu Tano.

Sehemu ya Kwanza inahusu masuala ya utangulizi ambayo

yanajumuisha jina la Sheria inayopendekezwa, kuanza kutumika
kwake na tafsiri ya baadhi ya maneno na misamiati iliyotumika
katika Muswada.

Sehemu ya Pili ina masharti yanayohusu madhumuni ya

Sheria inayokusudiwa kutungwa na majukumu ya wadau mbalimbali
katika utekelezaji wa Sheria hiyo.

Sehemu ya Tatu inahusu kuanzishwa kwa Kitengo cha

Uratibu wa Ubia baina ya Serikali na Sekta Binafsi katika Kituo cha
Uwekezaji Tanzania. Sehemu hii pia ina masharti yanayoainisha
kazi za Kitengo na uteuzi wa Mratibu. Pamoja na hayo, Sehemu hii
pia inaanzisha Kitengo hicho kingine ndani ya Wizara yenye
dhamana na masuala ya fedha. Kitengo hicho kitashughulikia
masuala ya fedha ya miradi iliyo chini ya Sheria inayopendekezwa.

Masuala yanayohusu ushiriki wa watu na kampuni binafsi

katika miradi, wajibu wa mamlaka zenye miradi, upembuzi yakinifu,

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mipangilio ya manunuzi, mikataba ya Ubia Baina ya Serikali na

Sekta binafisi, Hati ya Tathmini ya mazingira na msamaha wa kodi
yanapendekezwa katika Sehemu ya Nne.

Sehemu ya Tano inapendekeza masuala ya jumla ambayo

yanajumuisha mamlaka ya Waziri kutengeneza Kanuni, ufuatiliaji na
tathmini, mgongano wa maslahi na adhabu ya jumla.

Sehemu ya Sita inapendekeza kufanya marekebisho katika

Sheria ya Uwekezaji, Sura ya 38, ili kuainisha majukumu ya Kituo
cha Uwekezaji katika kuendeleza miradi ya ubia baina ya Serikali na
Sekta Binafsi.

Dar es Salaam, MIZENGO K. PINDA,

3 Juni, 2010 Waziri Mkuu

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