THE IMMIGRATION (TRANSITIONAL AND SAVING PROVISIONS) ORDER, G.N. No. 657A of 1997

(Made under Section 38 of the Immigration Act)

1. Title

This Order may be cited as the Immigration (Transitional and Saving Provisions) Order.

2. Interpretation

In this Order, unless the context otherwise requires–

"the Act" means the Immigration Act;

"the effective date" means such date as the Ministry may by notice published in the Gazette appoint;

"repealed Acts" means the Immigration Act and the Immigration Decree of Zanzibar repealed by section 37 of the Act.

3. Holders of Zanzibar Residence permits to apply for residence permit

(1) Every person who immediately prior to the effective date is a holder of a valid residence permit issued or deemed to have been issued under the Immigration Control Decree of Zanzibar shall be entitled during the period (hereinafter in this order called the period of entitlement) commencing on the effective date and ending on the expiration of a period of six months after the effective date or the date on with the entry permit expires whichever is the earlier date, to apply for and be issued with a residence permit of such a class as the Director of Immigration Services may determine.

(2) Until the expiration of the period of entitlement or until the issue of a class A, B, or C residence permit, whichever shall be the earlier, a person to whom sub-regulation (1) applies, shall, notwithstanding the provisions of the Act or any other written law, remain entitled to all the rights and privileges and advantages of or pertaining to an entry permit holder under the repealed Decree to the same extent as he would have been so entitled had the Act not been enacted.

(3) At the expiry of the period of entitlement the presence, in the United Republic of a holder of such residence permit shall unless otherwise authorized under the Act, be unlawful.

(4) The Director of Immigration Services may either generally or in particular case extend the period of entitlement to a date not later than 30th September 1997.

4. Residence permit may be issued subject to conditions

Any residence permit class A, B or C issued under the provisions of the Act during the period of entitlement to a holder of entry permit issued or deemed to have been issued under the repealed Immigration Control Decree of Zanzibar may be issued subject to the conditions provided for under section 22 of the Act.

5. Endorsement

The provisions relating to the residence permits issued during the period of entitlement under the Act shall apply mutatis mutandis to any endorsement lawfully made upon an entry permit under the repealed Immigration Decree of Zanzibar and to any person in respect of whom such endorsement was made.

6. Passes

(1) Every pass and other authorisation issued or deemed to have been issued under the provisions of any regulations made under the laws repealed by the Act and in force immediately prior to the effective date shall–

(a) if the same could be issued under the provisions of regulations made under the Act, be deemed to have been so issued and shall have effect accordingly; or

(b) if the same could be issued under the provisions of regulations made under the Act, remain in force, subject to the limitations of the regulations under which it was issued or for the period which it was issued for a period of three months from the effective date, whichever is the shorter period.

(2) Upon the expiration of the period for which a pass or other authorisation referred to in paragraph (b) of subregulation (1) was issued or for a period of three months from the effective date, as the case may be, the presence in the United Republic of the holder of such pass or other authorisation shall, when otherwise authorized under the Act, be unlawful.

(3) When the holder of a pass or other authorisation has, under the provisions of any regulations made under the laws repealed by the Act or any enactment repealed by the repealed Acts, given any deposit or entered into any bond on his entry into the United Republic subject to deduction from such deposit or from the sum secured by such bond of any expenses incurred by or on behalf of the Government or the Revolutionary Government of Zanzibar such deposit shall be refunded or such bond shall be cancelled–

(a) upon such person leaving the United Republic permanently; or

(b) upon such person being granted citizenship of the United Republic.

(4) The provisions of this paragraph shall apply mutatis mutandis to any endorsement lawfully made upon a pass under the provisions of regulations made under the repealed Acts and to any person in respect of whom such endorsement was made.

7. Miscellaneous provisions

Notwithstanding the repeal of the repealed Acts by the Act–

(a) any person whose presence in the United Republic immediately before the effective date is unlawful under the provisions of the repealed Acts shall on or after the effective date be deemed be unlawfully in the United Republic for the purpose of the Act;

(b) any application for any permit, pass or other authorisation made under the provisions of the repealed Acts and not determined on the effective date shall be deemed to have been made under the provisions of the Act;

(c) all appointments made, directions given or powers conferred under the provisions of the repealed Act shall be deemed to have been made, given or conferred under the provisions of the Act.

8. Revocation

[Subject to the provisions of this Order all subsidiary legislation made under the repealed Acts is hereby revoked.]