Tanzania Commission for AIDS

G.N. No. 145 (contd.)

ISSN 0856 – 034X

Supplement No. 17 29th April, 2016

SUBSIDIARY LEGISLATION
to the Gazette of the United Republic of Tanzania No. 18 Vol. 97 dated 29th April, 2016
Printed by the Government Printer Dar es Salaam by Order of Government

GOVERNMENT NOTICE NO. 145 published on 29/4/2016

THE TANZANIA COMMISSION FOR AIDS ACT,

(CAP. 379)
___________

REGULATIONS
________

(Made under section 21)

____________

THE TANZANIA COMMISSION FOR AIDS REGULATIONS, 2016

ARRANGEMENT OF REGULATIONS

Regulation Title

1. Citation.
2. Interpretation.
3. Gender and human rights.
4. Mapping of stakeholders.
5. Promotion of Positive Living of PLHIV.
6. Monitoring and evaluation of HIV activities.
7. Management of the AIDS Committee.
8. Stakeholder’s quarterly report.
9. Advocate on Counselling, testing and treatment.
10. Sector review.

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G.N. No. 145 (contd.)

11. Commission to collaborate with stakeholders.

12. HIV and AIDS information dissemination.
13. Undertaking of survey for HIV and AIDS.
14. Resource mobilization.
15. National budget guidelines.
16. Disbursements of funds.
17. Formulation of policy guidelines.
18. Information on HIV and AIDS.
19. Research.
20. Proceedings of the Commission.
21. Appointment of Executive Director.
22. Application for the position of Executive Director.
23. Short-listing of candidates.
24. Conduct of interview.
25. Final selection process.
26. AIDS Trust Fund.
27. Budget of the Board
28. Duties of the Board.
29. Approval by the Board.
30. Monitoring of the Fund.
31. Offences and penalties.

________

SCHEDULE
________

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 Tanzania Commission for AIDS
G.N. No. 145 (contd.)

THE TANZANIA COMMISSION FOR AIDS ACT,

(CAP. 379)
___________

REGULATIONS
____________

(Made under section 21)

____________

THE TANZANIA COMMISSION FOR AIDS REGULATIONS, 2016

Citation 1. These Regulations may be cited as the Tanzania

Commission for AIDS Regulations, 2016.

Interpretation 2. In these Regulations unless the context requires

otherwise-
“ATF” means AIDS Trust Fund prescribed under section 12 D of
the Act;
“pooled funding” means the collection and contribution from
various sources and deposit it into one basket;
“specific project” means a project designed to be financed by the
government or any development partner and funded either
through government Treasury system or disbursed directly
from development partners to implementers; and
“Technical Working Committee is a group of experts on
Monitoring and Evaluation working together to advise the
National HIV and AIDS response in the trend of the
epidemic.

Gender and 3. In implementing HIV and AIDS activities, the

human rights Commission shall use principles of equality and equity between
men and women and adhere to Gender and Human Rights
sensitivities by-
(a) developing multisectoral guidelines and tools for
integrating HIV related age, gender and human
rights issues;
(b) develop monitoring and evaluation plan and tools to
capture data that relates to gender and human rights
issues;

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G.N. No. 145 (contd.)

(c) provide technical assistance to incorporate gender

and human rights issues in all sector plans, budget
and monitoring and evaluation systems, and
coordinate implementation of gender and human
rights responsive interventions;
(d) advocate for elimination of gender based violence,
violence against children and provision of
appropriate services for gender based violence,
violence against children survivors;
(e) work closely with all stakeholders to build a
comprehensive and coordinated programme for
adolescent boys and girls in and out of schools
within the overall HIV and reproductive health
including life skills program and integrate child
protection; and
(f) advocate for increased financial resources for
prevention of Gender based violence/Violence
Against Children and for provision of equitable HIV
services to orphans and Gender based violence
survivors.

Mapping of 4.-(1) There shall be mapping of all stakeholders working

stakeholders on HIV and AIDS response nationally.
(2) Subject to sub regulation (1), the Commission shall
enhance the reporting system to capture data on HIV related
gender and human rights issues through National Monitoring and
Evaluation Plan.
(3) Council Directors at local governments shall be
responsible to ensure that all the HIV key players integrate gender
and human rights matters in their activities.

Promotion of 5. In order to promote positive living of People living with

Positive HIV (PLHIV), the Commission shall-
Living of
PLHIV
(a) liaise with the Ministry responsible for Health and
Social Welfare to provide counseling to PLHIV;

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G.N. No. 145 (contd.)

(b) advocate to the community on the availability of

HIV related gender and human rights sensitive
services;
(c) sensitize and advocate on social cultural behavior
and practices contributing to HIV; and
(d) ensure that all data collected is sex disaggregated.

Monitoring 6. In monitoring and evaluation of ongoing HIV activities,

and evaluation the Commission shall-
of HIV
activities
(a) develop and review multi-sector monitoring and
evaluation plan to guide implementation of
monitoring and evaluation activities of HIV and
AIDS in the country;
(b) disseminate National monitoring and evaluation plan
to all HIV implementers and stakeholders;
(c) evaluate the impact of the HIV prevention and
control program in comparison with National targets
elaborated in the National HIV and AIDS Strategies
and Plans;
(d) undertake data quality audit on sample basis using
data quality audit guidelines;
(e) establish and facilitate Regional monitoring and
evaluation Technical Working Committee to
collaborate with National monitoring and evaluation
technical working group;
(f) every two years undertake multilevel National
Monitoring and Evaluation System Assessment;
(g) empower HIV programme implementers on the use
of Tanzania Output Monitoring System on HIV and
AIDS (TOMSHA) and ensure maximum reporting
compliance on quarterly basis.

Management 7.-(1) The AIDS Committees established under Section 13

of the AIDS of the Act shall be managed and directed by the Head of the
Committee
institution of the-

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G.N. No. 145 (contd.)

(a) Ministries, Departments and Agencies (MDAs);

(a) Regional Secretariat;
(b) Local Government Authorities (LGAs);
(c) informal sectors;
(d) private sectors;
(e) Civil Society Organizations; and
(f) any other relevant sector,
and the Head of the institution shall nominate one senior officer
to be the focal person of the AIDS Committee.

Stakeholders 8. Stakeholders implementing HIV and AIDS

quarterly interventions shall submit on quarterly basis their reports to the
report
Commission using existing reporting system.

Advocate on 9. In collaboration with relevant stakeholders, the

counselling, Commission shall-
testing and
treatment
(a) advocate on the importance of early HIV counseling
and testing, as well as the impact of delaying in
knowing one’s HIV status among the member’s of
the community;
(b) promote knowledge of HIV treatment and
adherence;
(c) promote the elimination of mother to child
transmission of HIV by providing proper counseling
to pregnant women who tested HIV positive.

Sector review 10.-(1) The Commission shall conduct biennial HIV sector
review, Regional annual review meeting, field Monitoring visits
and supportive supervision in order to identify obstacles to the
implementation of HIV and AIDS activities.
(2) Field monitoring visits and supportive supervision
under sub regulation (1) may be conducted at least twice a year.
(3) Policy issues and recommendations of the sectoral
review shall be used for guiding implementation and review of the
National Multi-Sectoral Strategic Framework (NMSF).

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G.N. No. 145 (contd.)

Commission 11. In collaboration with the Ministry responsible for

to collaborate health and other relevant stakeholders, the Commission shall:
with
stakeholders (a) advise on the ways of improving access to
prevention, care and treatment of HIV related
services;
(b) promote positive health dignity and prevention;
(c) promote health facility and community linkage;
(d) promote eradication of stigma and discrimination;
and
(e) promote post-test clubs at all levels.

HIV and 12. For the purposes of establishing, facilitating and

AIDS maintaining multi-Sectoral HIV and AIDS information
Information
dissemination management system, the Commission shall offer guidance to
stakeholders on HIV related data management and strategic
information flow to ensure that quality information are timely
available for use.

Undertaking 13.-(1) The Commission, in collaboration with other

of survey for stakeholders shall take lead to ensure that all major survey for HIV
HIV and
AIDS and AIDS are undertaken as per agreed calendar for effective
monitoring of the trends of HIV epidemic.
(2) On undertaking surveillance under sub-regulation (1),
the Commission shall take into consideration various groups in the
community that are more vulnerable to HIV and AIDS.

Resource 14. The Commission shall be responsible for-

mobilization
(a) resource mobilization for the HIV and AIDS National
response in Tanzania Mainland; and
(b) developing resource mobilization strategy from
different sources locally and internationally.

National 15. Subject to regulation 14, the Commission shall-

budget
guidelines
(a) ensure that all Government Ministries, Departments,
Regional and Local Governments Authorities are
setting aside funds for the implementation of the

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G.N. No. 145 (contd.)

HIV and AIDS activities in their recurrent budgets

through the National budget guideline; and
(b) mobilize resources from various sources outside and
inside the country by designing different modalities
in order for development partner to contribute to
the national response.

Disbursement 16.-(1) Disbursement of funds that arose from sources

of funds which are prescribed under regulation 15 shall be made in
accordance with AIDS Trust Fund guidelines.

Formulation 17. In formulating policy guidelines for the response of

of policy HIV and AIDS epidemic and management of its consequences, the
guidelines
Commission shall-
(a) formulate National HIV and AIDS guidelines and
review in collaboration with other stakeholders;
(b) oversee the implementation of the policy
guidelines;
(c) ensure all actors align with the National Policy;
and
(d) develop and review strategic frameworks in
collaboration with HIV/AIDS stakeholders.

Information 18. In disseminating and sharing of information on HIV

on HIV and and AIDS epidemic, the Commission in collaboration with other
AIDS
HIV stakeholders shall coordinate the availability of Information,
Education and Communication Materials to promote HIV and
AIDS information;

Research 19. The Commission shall promote research, information

sharing and documentation on HIV and AIDS by developing and
coordinating research agenda for National response.

Proceedings of 20. Subject to Section 8 of the Act, the Schedule to these

the Commission
Regulations shall have effect as to the tenure of office, proceedings
and other matters that relate to the meetings of the Commission.

Appointment of 21.-(1) The post of Executive Director of the Commission

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G.N. No. 145 (contd.)

Executive shall be advertised for three consecutive days in three leading

Director
English and Kiswahili newspapers that have wide circulation in
Mainland Tanzania.
(2) The advertisement shall stipulate the requisite
nationality, qualifications and experience necessary for the posts
and shall include a requirement that the applicant has:
(a) knowledge, experience and a considerable degree of
involvement in matters relating to public health,
global health sector, governance, HIV and AIDS or
social affairs;
(b) the highest reputation known for his high morality,
integrity, impartiality, and competence in matters of
public health, HIV and AIDS and good governance;
(c) must have qualities of leadership, resilience, a sense
of urgency, and strong interpersonal and
commitment to confronting HIV/AIDS issues;
(d) excellent writing and communication skills in both
English and Kiswahili;
(e) ability to balance rights and to make fair and sound
decisions expeditiously, and to articulate them in
writing or orally;
(f) capacity to handle emotionally difficult and
challenging situations with tact and diplomacy; and
(g) ability to work effectively as a team member, as well
as alone.

Application for 22.-(1) An application, together with three letters of

the position of
Executive recommendation, shall be forwarded by registered post, fax or e-
Director mail or submitted in person to the Office of the Chairman.
(2) The deadline for submission of applications shall be
twenty-one days from the date of first publication of the
advertisement.

Short-listing of 23.-(1) The Commission shall appoint an ad-hoc

candidates
Appointment Committee for the purpose of drawing up a short list
of candidates
(2) The Appointment Committee shall meet two days after
the deadline for submission of applications and it shall submit the
short-list of candidates to the Commission within five working
days from the date it sits to consider the applications.

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G.N. No. 145 (contd.)

Conduct of 24.-(1) The short-listed candidates shall be invited for

interview interviews, which shall be conducted by the Appointment
Committee.
(2) The Appointments Committee may co-opt any person
it considers appropriate to assist it in conducting the interviews.
(3) The interviews shall seek to elicit appropriate details
on, and clarification of, key contents in the candidates' curriculum
vitae and to reconcile written and oral information the candidates
have supplied.

Final selection 25.-(1) The Appointment Committee shall submit the

process
names of the successful candidates to the Commission for
consideration and approval.

(2) The Commission shall, upon approval of the selected

candidates, submit to the President the names of not less than two
recommended candidates to be appointed as Executive Director.

AIDS Trust 26.-(1) Subject to Section 12D of the Act, money

Fund
deposited in the Fund shall be used according to the priorities
prescribed in the National Multi-Sectoral Strategic Framework or
as shall be determined by the Board of Trustees.

Budget of the 27.-(1) The Board shall develop-

Board
(a) a budget for the AIDS Trust Fund indicating the
projection of funds to be collected annually; and
(b) financial and other information, which will enable
the Board of Trustees or ensure that full and
transparent reports are made available to the
Minister.
(2) For the purpose of budgeting, the Executive Director
shall provide to the Board of Trustees-
(a) estimates of all revenue to be raised during the
financial year to which the budget relates;
(b) estimates of total current expenditure for that
financial year; and
(c) estimate of return on investment interest and debt

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G.N. No. 145 (contd.)

servicing charges and any repayment on loans.

(3) The Executive Director shall monitor the Bank
Accounts of the AIDS Trust Fund by maintaining cash book of
each and preparing Bank Reconciliation Statement for each
account on monthly Basis.
(4) The Bank Reconciliation Statements shall form part of
the reports to be submitted to the Board of Trustees.

Duties of the 28.- (1) The Board of Trustee on each year shall prepare
Board
for audit the accounts of AIDS Trust Fund.
(2) The account to be prepared by the Board of Trustees
shall include-
(a) balance sheet showing assets and liabilities of which
were funded through AIDS Trust Fund;
(b) income statement of the AIDS Trust Fund;
(c) cash flow statement of all AIDS Trust Fund;
(d) statement of investment fund held by AIDS Trust
Fund at the end of each year and accruing returns;
(e) statement of outstanding commitment for the
projects approved for funding.
(f) summary statement of store and other assets for the
AIDS Trust Fund;
(g) trustees annual report; and
(h) such other statements as the Minister may require.

Approval by the 29. The Fund shall not make any expenditure or payment
Board
without obtaining prior approval of the Board of Trustees.

Monitoring of 30.-(1) Accounting officers shall-

the Fund
(a) provide quarterly report of the implementation of the
funded projects; and
(b) adhere to the directions given in the ATF guideline.

Offences and 31. Any person who contravenes any of the provisions of
penalties
these Regulations commits an offence and on conviction shall be
liable to penalties prescribed under the provisions of the Act.

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G.N. No. 145 (contd.)

________

SCHEDULE
________

(Made under regulation 20)

________

PROVISIONS RELATING TO THE COMMISSION

Tenure and 1.-(1) The Commissioners appointed under section 6(1) of the Act shall
removal of hold office for a period of three years and shall be eligible for re-appointment for
Commi- one more term.
ssioners (2) Notwithstanding sub-paragraph (1) of this paragraph, a member may
resign at anytime by giving notice in writing to the appointing authority and from
the date specified in the notice or, if no date is so specified in the notice from the
date of the receipt of the notice by the appointing authority; he shall cease to be a
member.
(3) A person who is a member by virtue of his holding some other office
shall cease to be a member upon ceasing to hold the office by virtue of which he is
a member.

Meeting and 2.-(1)An ordinary meeting of the Commission, shall be convened by the
procedure of Chairman and the notice specifying the place, date and time of the meeting shall be
Commission sent to each member at his usual place of business or residence not less than
fourteen days before the date of such meeting.
(2) The quorum of the Commission shall be not less than half of the total
members of the Commission.
(3) The Commission shall ordinarily meet four times in a year, but the
Chairman may convene an extraordinary meeting when the needs to do so arise.
(4) The chairman of the Commission may invite any person who is not a
member to participate in the deliberations of the Commission but that person shall
not be entitled to vote.

Power of 3. -(1) The Chairman shall preside at all meetings of the Commission.
Chairman (2) Where at any meeting of the Commission the Chairman is absent the
and Vice- Vice-Chairman shall preside.
Chairman
(3) In the absence of both the Chairman and Vice-Chairman at any
meeting of the Commission, the members presents may, from amongst their
number elect a temporary Chairman who shall preside at that meeting.
(4) The Chairman, Vice-Chairman or temporary Chairman presiding at
any meeting of the Board shall have a right to vote and in the event of an equality
of votes, shall have a casting vote in addition to his deliberative vote.

Decision by 4.-(1) Notwithstanding paragraph 3, where the Chairman so directs a

circulation decision may be made by the Commission without a meeting by circulation of the
of papers relevant papers among all the members and the expression in writing of their views.
(2) Any member shall be entitled to require that any such decision be

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G.N. No. 145 (contd.)

differed and such that matter be considered at a meeting of the Commission.

Voting 5.-(1) All decisions of the Commission, whether arrived at a meeting or

by means of the circulation of papers, shall be by a majority of votes of the
members present and voting, or by a majority of members expressing their views on
the circulated papers, as the case may be.
(2) Subject to sub-paragraph (1), no proceedings of the Commission shall
be invalid by reason only of a vacancy among the members.
(3) The Secretary of the Commission shall not have the right to vote
during the meetings of the Commission.

Termination 6. Where any member of the Commission absents himself from three
of consecutive meetings of the Commission without reasonable excuse, the
appointment Commission shall advise the appointing authority of the fact and the appointing
authority may terminate the appointment of such a member and appoint a new
member in his place.

Cessation of 7. Where any member of the Commission ceases to be a member by-

membership
(a) resignation;
(b) death;
(c) inability to perform his functions by reason of his absence from the
United Republic;
(d) reason of infirmity of body or mind; or
(e) termination of appointment by the appointing authority,
the appointing authority may appoint another member in his place and the
member so appointed shall, subject to this Schedule, hold office for the
remaining of the term of his predecessor.

Minutes of 8.-(1) The Secretary of the Commission shall record the minutes of the
meetings meeting of the Commission and cause the minutes to be entered in books kept for
that purpose.
(2) Minutes of the meeting shall be confirmed by the Commission at the
next meeting and shall be signed by the Chairman and the Secretary at the meeting.

Attendance 9. The Commission may require any member of the secretariat to attend
of members and give information before it concerning any matter which it is required to
of the consider in exercise of its functions and may require the production of any official
secretariat documents relating to any such matter by any person attending before it.

Corres- 10. All correspondence for the Commission shall be addressed to the
pondence Chairman.

Validity of 11. No act or proceeding of the Board shall be invalid by reason of the
proceedings number of members not being complete at the time of such act or proceedings or of
any defect in the appointment of any member or the fact that any member was at the
time disqualified or disentitled to act as such.

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G.N. No. 145 (contd.)

Commission 12. Subject to the provisions of this Schedule the Commission may
to regulate regulate its own proceedings.
proceedings

Dar es Salaam, KASSIM M. MAJALIWA,

16th March, 2016 Prime Minister

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