Kitoloho

Act No. 21 of 1973
THE NATIONAL EXAMINATIONS COUNCIL OF TANZANIA THE UNITED REPUBLIC OF TANZANIA
I ASSENT J. K. Nyerere President 6th December, 1973
No. 21 Of 1973 (As Amended) (Act Supplement) (No. 2 Of 1998)
AN ACT TO MAKE PROVISION FOR THE ESTABLISHMENT, CONSTITUTION, CONTROL AND ADMINISTRATION OF THE NATIONAL EXAMINATIONS, COUNCIL OF TANZANIA AND FOR MATTERS CONNECTED THEREWITH AND INCIDENTAL THERETO
(..............)
ENACTED by the Parliament of the United Republic of Tanzania.
PART I : PRELIMINARY PART II : NECTA PART III : FINANCIAL PROVISIONS PART IV : MISCELLANEOUS PROVISIONS SCHEDULE ACT SUPPLEMENT

PART I : PRELIMINARY

Short Title and Commencement:

1. This act may be cited as the National Examinations Council of Tanzania Act, 1973 and shall come into operation on such the as the Minister may, by notice in the Gazette appoint.

Interpretation

2. In this Act, unless the contex otherwise requires, the Chairman means the Chairman of the Council; �Committee� means a committee established under and in accordance with the provisions of section 10 and includes the Executive Committee established under section 9; �The Council� means the National Examinations Council of Tanzania established by section 3; �financial year� in relation to the Council changes its accounting period, the period whether shorter or longer than a year, employed to give effect to the change: �member in relation to Council, means a member of the Council and includes the Chairman; and in relation to a Committee means a member of the committee and includes the chairman of the committee; �Minister� means the Minister for the time being responsible for Education; �Executive Secretary� means the officer appointed by the President to be the Executive Secretary of the Council.

PART II : THE NATIONAL EXAMINATIONS COUNCIL OF TANZANIA

Establishment of Council:

3.  
1. There is hereby established an Examinations Council to be known as the National Examinations Council of Tanzania
2. The Council shall be a body corporate and shall:
1. Have perpetual succession and common seal
2. In its corporate name, be capable of suing and being sued
3. Be capable of purchasing and otherwise acquiring and of disposing of any movable property
4. Subject to the provisions of the Act, have power from time to time to borrow money and to or perform all such acts and things, which a body corporate may lawfully do.
3. The provisions of the Schedule to this Act shall have effect as to the constitution and the tenure of their appointment, the proceedings of the Council and other matters in relation to the Council and its members.
4. The President may, by order published in the Gazette, vary amend or replace all or any of the provisions of the Schedule to this Act.

Object and Functions of Council:

4. The objects and function s of the Council shall be:

1. To formulate Examinations policy in accordance with the principles for education for self reliance and the education and training policy.
2. To assume responsibility for examinations within the United Republic and make and provision for places and centers of examination.
3. Receive from other persons or bodies of person�s reports or other material effecting examinations policy and from time to time to consider and review examinations policy as circumstances may require.
4. To co-operate with other persons or bodies of persons in the orderly development of an examinations system in the United Republic.
5. To conduct examinations for, and to grant, diplomas, certificate and other award of the Council.
6. To act as the body, which shall facilitate, administer and supervise foreign examinations in Tanzania.

Power and Duties of the Council:

5.  

0. The Council shall have power to do all things and to act in all ways necessary for, or incidental to, the purposes for which it is established.
1. In particular and without prejudice to the generality of subsection (1) but subject to the provisions of subsection (4), the Council shall have power.
1. To administer the properties of the Council both movable and immovable.
2. To administer the funds and other assets of the Council.
3. To signify the acts of the Council by use of the common seal.
4. Subject to the provisions of this Act, to appoint such officers of the Council as it may deem necessary.
5. To review regulations relating to examinations.
6. To consider and approve subjects suitable for examinations.
7. To appoint panels or boards of examiners.
8. To enter into arrangements, whether reciprocal or otherwise, with other reciprocal or otherwise, with other persons or organization, whether within or outside the United Republic, for the recognition of awards granted in respect of examinations falling within their respective responsibilities.
9. To do all such other acts and things as may be provided for in this Act or as may be prescribed.
2. The Council shall conduct within the United Republic either on its own or in participation with any other person or organization such academic, technical and other examinations as the Council may consider necessary or desirable in the public interest.
3. Nothing in this Act shall be construed as authorizing the Council to do any act or thing in respect of:
1. Examinations conducted by any University of tertiary or institution of higher learning established in Tanzania or the grant of degrees, diplomas, certificates and other awards of such University of such other institutions.
2. Examinations conducted by employers where such examinations are open only to heir own employees or to candidates who wish to enter their employment.

Executive Secretary of Council:

6.  
0. There shall be an Executive Secretary of the Council who shall be appointed by the President on such terms and conditions as the President may determine and who shall also act as Secretary to the Executive Committee.
1. Where the Executive Secretary is not a member of the Council, he shall have no power to vote at any meeting of the Council.
2. Subject to the provisions of this section, the Executive Secretary shall have such functions as may be conferred upon him by the Council.

The Staff of the Council:

7. The Council may appoint on such terms and conditions as it may determine, such number of officers of the Council, as it may consider necessary for the performance of its functions.
8. The Council may, subject to such conditions and restrictions as it may impose, delegate to any person or body of persons, the power of appointment to any office or offices on the staff of the Council.

Executive Committee of Council:

9.  
0. The Council shall appoint an Executive Committee comprising:
1. The Chairman, who shall be the Chairman of the Committee
2. Six other members of the Council.
1. The functions of the Executive Committee shall be to act as the executive authority of the Council in the management of its ordinary affairs and to consult and to report to the Council thereon, and for the purposes it may exercise all the executive powers and functions vested in the Council by this Act other than the power of approving estimates conferred by section 15 or any function or power delegated by the Council to a Committee established under section 10.
2. The provisions of the Schedule to this Act shall apply, with such modifications as the circumstances may require, in relation to the tenure of officer of the members of the Executive Committee, the right to terminate their appointment, and appointment of a new member to fill any vacancy and also in relation to the quorum, proceedings and meetings of the Committee.

Examinations Committee and other Committee:

10.  
0. The Council shall establish a Schools Examinations Committee, and a professional Examinations Committee.
1. In addition the Council may, from time to time, establish such other committees as it may consider necessary.
2. The Council shall prescribe the composition, powers, duties and procedure of all committees established by it under this section and the tenure of office of persons appointed to such committees and subject to the provisions of this Act, may delegate to any such committee any of its powers of functions other than the power of approving estimates conferred by section 15
3. The Council may appoint on any Committee established under this section any person not with standing that such person is not a member of the Council; Provided that in no case shall the number of members of any such committee who are not also members of the Council exceed two-thirds of the total number of the members of the committee.
4. For the purposes of this section the Executive Secretary shall be deemed to be a member of the Council.

Specific Functions of Examination Committees:

11.  
0. Without prejudice to the provisions of subsection (3) of section 10, every Examinations Committee established under that section shall be responsible to the Council for the control and regulation of the conduct of examinations in respect of subjects over which it has general responsibility.
1. Each Examinations committee shall, in addition to the general function relation to examinations in respect of subjects over which it has general responsibility and to maters pertaining thereto, have the following functions:
1. To satisfy itself with regard to the curriculum and standard of the relevant courses of study or training offered by the appropriate institution in respect of any diploma, certificate or other award of the Council and to report its findings thereon to the Council.
2. With the consent of the Council, to make rules with regard to the standards of proficiency to be attained in each examination for a relevant diploma, certificate or other award of the Council.
3. To decide whether any candidate for the relevant diploma, certificate or other award, has attained the standard of proficiency prescribed in rules made under paragraph (b) and is otherwise fit for the grant of such diploma, certificate or other award.
4. To make proposals to the Council on matters relating to examinations conducted by the Council.

Awards of Diplomas, Certificates, etc:

12. It shall be lawful for the Council to rant diplomas, certificates and such other awards as may be prescribed, to persons:

0. Who satisfy the requirements in respect of examinations conducted or approved by the Council; or
1. Who, in the opinion of the Council, are entitled to receive such diplomas, certificates or other awards.

PART III : FINANCIAL PROVISIONS

Funds of Council:

13.  
1. The funds and resources of the Council shall consists of:
1. such sums as may be provided for the purposes of the Council by Parliament either by way of grant or loan.
2. such donations, grants, bequests and loans as the Council may, from time to time receive from any person or organization.
3. such fees or other charges paid to the Council by candidates for examinations.
4. such sums as may in any manner become payable to or vested in the Council either under the provisions of this Act or any other written law, or incidental to the carrying out of its functions.
2. The funds and resources of the Council shall be applied for the purposes for which the Council is established under this Act.

Power to Invest Act, 1867 No.33:

14. The Council shall have power to invest the funds of the Council in such investments as are authorized by the trustees Investments Act, 1967, in relation to investment to funds by a trustee.

Annual Estimates:

15.  
1. The Council shall, in respect of every financial year, cause to be prepared estimates of the expenditure and revenue of the Council, and such estimates shall be approved by the Council before the commencement of the relevant financial year.
2. The annual estimates shall contain provision for all the estimated expenditure during the relevant year and in particular:
1. For the payment of salaries allowances, passages and other charges in respect of the members staff of the Council;
2. To administer the funds and other assets of the Council.
3. For the payment of allowances fees and expenses in respect of the members of the Council and of the Committees;
4. For the payment of all pensions, gratuities and other charges in respect of retirement and terminal benefits which are payable out of the funds of the Council;
5. For the construction of the buildings for use by the Council and for the improvement, maintenance, replacement and rental of the buildings and other immovable properties owned or occupied by the Council;
6. For the proper maintenance and replacement of the furniture and equipment of the Council;
7. For the creation of such reserve funds to meet future contingent liabilities as the Council may think fit
3. Save with the prior written consent of the Minister no expenditure shall be incurred for the purposes of the Council otherwise than in accordance with the provisions of the annual estimates or of supplementary estimates approved by the Council.
4. Copies of every annual estimates and of every supplementary estimates prepared in accordance with this section shall be furnished to the Minister.

Financial Statements and Report:

16.  
1. The Council shall cause to be prepared in respect of every financial year.
1. A statement of income and expenditure during such financial year.
2. A statement of the assets and liabilities of the Council on the last day of such financial year;
3. A report upon the progress and work of the Council during such financial year; and shall cause such statements and report to be forwarded to the Minister

Act. 1968 No. 1:

2. Within six months of the expiry of each financial year the Council shall cause the statements referred to in paragraphs (a) and (b) if subsection (1) to be audited by the Tanzania Audit Corporation established by the Tanzania Audit Corporation Act, 1968; and copies of the reports of the auditor shall be furnished to Minister together with the statements to which such reports relate.

Annual Statements of Account and Reports to be laid before National Assembly:

17. The Minister shall lay before the National Assembly, as soon as may be practicable after he has received them, copies of the statements and report referred to in subsection (1) of section 16 together with copies of reports of the auditor referred to in subsection (2) of that section

PART IV : MISCELLANEOUS PROVISIONS

18.  
1. In the performance of its duties and exercise of its powers, the Council may, with the consent of the Minister, make regulations generally for the Government, control, administration and management of the Council and for conduct of its business, and without prejudice to the generality of the foregoing, may make regulations prescribing:
1. The terms and conditions of service, pension and retirement benefits and the like, of staff, other than temporary staff.
2. Measures for the discipline of staff.
3. The financial procedures of the Council.
4. Examination fees and other charges payable to the Council.
5. Diplomas, certificates and other awards, which may be conferred or granted by the Council.
6. The conditions, which must be satisfied before any diploma, certificate of other award, may be granted.
7. The manner in which diplomas, certificates or other awards may be granted.
8. The manner in which examinations may be conducted.
9. Anything which may be prescribed under this Act or any matter or thing which, in the opinion of the Council, is necessary to prescribe for the furtherance of the functions and objects of the Council.
2. The Council shall cause to be published in the Gazette any regulations made under this section.

Fees and Allowances:

19. The Council may, with the approval of the Minister, make rule prescribing fee and allowances payable to members of the Council or a Committee.

Minister may give directions:

20. The Minister may give the Council directions of a general or specific character and the council shall give effect to every such direction.

Proceedings of Council or Committee not to be invalid by reason of irregularity

21. The Act or proceeding of the Council, the Executive Committee or an examination Committee shall be invalid by reason only of the member of the members not being complete at the time of such act or proceeding or of any defect in the appointment of any member or the fact that any member was at the time in question disqualified or disentitled to act as such.

Protection of Member of Council and Committee (chap 16) :

22. Without prejudice to the provisions of section 28 of the penal code, no matter or thing done by any member or officer of the Council or a Committee shall if done in good faith in the execution or purported execution of the functions of such Council or Committee, render such member or officer personally liable for such matter or thing. Regional Administrative Secretary and the Principal Secretary Zanzibar to be members.

Representatives of the Council:

Each Regional Administrative Secretary and the Principal Secretary of the Ministry of Education Zanzibar shall be representatives of the Council in their respective areas of function

Penalty:

23.  
1. Any person who:
1. Gains access to examination materials and intentionally reveals the contents thereof, whether orally or writing of any unauthorized person.
2. Willfully or maliciously damages or destroys examination material;
3. Being a registered candidate sits for a particular Councils� examination with intent to impersonate, offers or attempts to present himself to take the part of another registered candidate.
4. Note being registered candidate sits for a particular council�s examination which intent to impersonate, offers or attempts to present himself to take the part of a registered candidate
5. Presents forged certificates or diploma to a prospective employer or to an institution of learning with intent to gain employment or admission.
6. Prints or sells certificates or diploma without the authority of the Council.
7. Being an authorized officer negligently or carelessly discharges the functions set out under this Act; and
8. Aids or abets commission of any offence under this Act.

Shall be guilty of an offence and liable to a fine not exceeding one million shillings or imprisonment for a term not exceeding twenty years or to both such fine and imprisonment.

2. In this Section:
1. �An authorized Officer� when used in relation to this Act includes an examination supervisor, Invigilator and printer;
2. �Examination materials� includes examination papers, stencils, recorded tapes, chemicals, discs or any other material relevant to the preparation and conduct of examination.

SCHEDULE

1. The Council shall consist of:
1. A Chairman who shall be appointed by the President from amongst the Vice-Chancellors of Universities established in Tanzania.

Composition of Council:

2. Four members appointed by the Minister to represent such academic, technical and professional institutions as are likely to assist the Council in the discharge of its functions;
3. One member appointed by the Senate of the University of Dar es Salaam from amongst the members of the Senate other than the member selected by the Students� Organization from amongst the students;
4. One member appointed by the Council of the University of Dar es Salaam from amongst the members of the Council.
5. Two members appointed by the Minister from amongst the members of the National Assembly;
6.  
1. Such members (whose number shall be not less than three) as may be appointed by the Minister from amongst persons who are ordinarily resident in Tanganyika.
2. Such members (whose number shall be not less than three) as may be appointed by the Minister for the time being responsible ordinarily resident in Zanzibar;
7.  
1. Six members appointed by the Minister from amongst persons who, in his opinion, have the necessary experience or qualification to enable them to make a useful contribution to the skills and disciplines to be promoted by the Council and to the deliberation of the Council;
2. Six members appointed by the Minister for the time being responsible for education in Zanzibar from amongst person who, in his opinion, answer the description set forth in clause (1) of this sub-paragraph.

Tenure of Office:

2.  

1. Every member of the Council shall hold office for a period of four years and shall be eligible for reappointment.
2. The Minister may amend or vary the constitution of the members of the Council.

Absence from Three Consecutive Meeting:

3. Where any member absents himself from three consecutive meetings of the Council without reasonable excuse the Council shall advise the appointing authority of the fact and the appointing authority may terminate the appointment of the member and appoint another member in his place.

Appointment of Temporary Member:

4. Where any member is by reason of illness, infirmity or absence from the United Republic, unable to attend any meeting of the Council, the appointing authority may appoint a temporary member in his place and such temporary member shall cease to hold office on the resumption of office of the substantive member.

Vice-Chairman:

5. The Council shall elect one of its members to be the Vice-Chairman and any member elected as Vice-Chairman shall, subject to his continuing to be a member, hold office of Vice-Chairman for a term of one year from the date of his election and shall be eligible for re-election.

Power of Chairman and Vice-Chairman:

6.  
0. The Chairman shall preside at all meetings of the Council.
1. Where at any meeting of the Council the Chairman is absent, the Vice-Chairman shall preside
2. In the absence of both the Chairman and the Vice-Chairman at any meeting of the Council, the member present may, from amongst their number elect a temporary Chairman who shall preside at that meeting.
3. The Chairman, Vice-Chairman or a temporary Chairman presiding at any meeting of the Council, shall have a vote and, in the event of an equality of votes, shall have a casting vote in addition to his deliberative vote.

Meetings and Procedure of Council:

7.  
0. The Council shall meet not less than twice during every year and at such additional times as may be fixed by the Chairman or, if he is absent from the United Republic or unable for any reason to act, the Vice-Chairman.
1. The Chairman or in his absence from the United Republic, the Vice-Chairman may, and upon application in writing by at least five members, convene a meeting of the Council at any time.
2. The Executive Secretary of the Council shall give to each member adequate notice of the time and place of each meeting.
8. At any meeting of the Council not less than one-half of the members in office for the time being shall constitute a quorum.

ACT SUPPLEMENTS

ISSN 0856-0100X

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THE UNITED REPUBLIC OF TANZANIA
Acts Supplement No. 227^th March 1998 To the Gazette of the United Republic of Tanzania, No. 13. Vol. 19. dated 27th March, 1998 Printed by the Government Printer, Dar es Salaam, by Order of Government

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I ASSENT.
BENJAMIN WILLIAM MKAPA
President
17^th March, 1998 An Act to amend certain Written Laws

ENACTED by the Parliament of the United Republic of Tanzania.

1.	This Act may be cited as the Written Laws (Miscellaneous Amendments) Act, 1998.	Short title
2.	The Laws set forth in the first and second column of the schedule to this Act are hereby amended in the manner specified in the third column	Amendment of certain Written Laws

Act No. 21 of 1973	The National Examinations Council Act, 1973	The Act is amended: a.       In section 4 �              i.            by deleting paragraph (a) and substituting for it the following: "(a) to formulate examination policy in accordance with the principles of education for self-reliance and the education and training policy."            ii.            by adding the following paragraph immediately after paragraph (e)- (f) to act as the body which shall facilitate, administer and supervise foreign examinations in Tanzania�. b.      In subsection (4) of section 5 �              i.            by inserting immediately after the word �University� where it first appears in paragraph (b) the words �or tertiary or institution of higher learning�, and by deleting the semi-colon and by inserting immediately after the word �University� where it second appears the words �or such other institution;�            ii.            by deleting paragraph (a); and          iii.            by renumbering paragraph (b) and (c) as paragraphs (a) and (b) respectively. c.       In section 9 by deleting paragraph 9b) of subsection (1) and substituting for it the following-�(b) six other members of the council�; d.      By adding the following new section immediately after section 22-wing new section immediately after section 22- "regional Administrative Secretary and Principal Secretary Zanzibar to be members 22A Each Regional Administrative Secretary and the Principal Secretary of the Ministry of Education Zanzibar shall be representatives of the Council in their respective areas of jurisdiction" e.       In subsection (1) of section 23 by deleting the words �one hundred thousand� and �twenty four months� and substituting for them the words �one million� and �twenty years� respectively; and f.       In the Schedule-(i) by renumbering paragraph 2 as subparagraph 2(1);(ii) by adding the following new subparagraph immediately after the renumbered subparagraph (1)- �(2) The Minister may amend or vary the constitution of the members of the Council.�
Act No. 25 of 1978	The National Education Act, 1978	The Act is amended in the Schedule in subparagraph 2 by deleting item (b) and (c) and substituting for them the following- (b) the Regional Administrative Secretary, who shall be the vice Chairman;
Act No, 2 of 1992	The Public Corporation Act, 1992	The Act is amended by inserting immediately after section 57 the following new section-

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GOVERNMENT NOTICE NO.501 published on 5/9/97
THE NATIONAL EXAMINATIONS COUNCIL
ACT, 1973
(No. 21 OF 1973)
_______
ORDER
_______
 
Made under section 3(4)
THE NATIONAL EXAMINATIONS COUNCIL ACT (AMENDMENT OF SCHEDULE) ORDER 1997

1.      1. The Order may be cited as the National Examinations Council Act, (Amendment of Schedule) Order, 1996.

2.      2. The Schedule to the National Examinations Council Act, 1973 is amended by deleting the whole of paragraph 1 and substituting for it the following paragraph:

�1. The Council shall consist of:

a.       a chairman who shall be appointed by the President from amongst the Vice Chancellors of Universities Established in Tanzania;

b.      four members to be appointed by the Minister responsible for Education to represent different or various institutions dealing with education affairs;

c.       four members from Mainland Tanzania who shall be appointed by the Minister responsible for education from amongst people whom the Minister thinks that have skill and experience to enable such members to effectively contribute to the better carrying out of the Council�s obligations and in arriving at various decisions;

d.      four members from Tanzania Zanzibar to be appointed by the Minister responsible for education in Tanzania Zanzibar from amongst people vested with the same qualifications as those appointed under sub-paragraph (c) of this paragraph;

e.       one member to be appointed by the Council or the University of Dar es Salaam;

f.       one member to be appointed by the Senate of the University of Dar es Salaam.

Dar es Salaam,
28^th May, 1997 BENJAMIN WILLIAM MKAPA
President

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No. 4 Written Laws (Miscellaneous Amendments) 1987

THE UNITED REPUBLIC OF TANZANIA

NO. 4 OF 1987

I ASSENT,
A.H. MWINYI,
President
3^rd April 1987 An Act to amend certain Written Laws
24^th April 1987 ANACTED by the Parliament of the United Republic of Tanzania

1.      This Act may be cited as the Written Laws (Miscellaneous Amendment) Act, 1987.

2.      The Written Laws specified in the first and second columns of the Schedule to this Act are hereby amended each in the manner specified opposite to it in the third column of that schedule.

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SCHEDULE

Cap. 134	Cultivation of Noxious Plants (Prohibition) Ordinance	Section 2 if the Ordinance is amended in the provise by-         i.            deleting the word �two� and substituting for it the words � �ten�;       ii.            deleting the words �twelve months� and substituting for it the words �ten years�.
Act.1973 No. 21	The National Examinations Council of Tanzania Act, 1973	The Act is amended-         i.            deleting the word �secretary� wherever it occurs and substituting for it in each case the words � �Executive Secretary�;       ii.            in section 2, in the definition of the word �Minister� by deleting the word �National�;     iii.            in paragraph (b) of subsection (4) of section 5 by deleting paragraph (b) and substituting for it the following paragraph:- �(b) examinations conducted by any University established in Tanzania or the rant of degrees, diplomas, certificates and other awards of such University�;     iv.            by adding immediately after section 22 the following new section:- �Representatives of the 22A Each Regional Education officer in mainland Tanzania and the Director for Secondary and Technical Education in the Revolutionary Government of Zanzibar shall be preventatives of the Council.�;       v.            in clause 1 of the Schedule-                                a.            in sub clause (a) by adding after the word �President� the following words:- �from amongst the vice chancellors of Universities established in Tanzania:�;                               b.            in paragraph (ii) of sub clause (f), by deleting the word �Chairman� and substituting for it the word: -�Minister�;                                c.            in paragraph (ii) of sub clause (g), by deleting the word �Chairman� and substituting for it the word: - �Minister�     vi.            deleting clause 2 of the Schedule and substituting for it the following clause:- Tenure of Office �2- Every member of the Council shall hold office for a period of four years and shall be eligible for re-appointment.�
Acts 1975 No. 13	The Institute of Education Act, 1975	The long title of the Act which is the name of the Institute is amended-         i.            deleting the long title and substituting the following: �an Act to establish the Institute of Curriculum Development�,       ii.            by deleting the short title and substituting the following:
	�short title and commencement	i.            Act may be cited as the Institute of curriculum Development Act, 1975 and shall come into operation on such date as the Minister may, by notice in the Gazette appoint;�       ii.            (ii) in section 2 by deleting the definition �Institute� and Substituting for it the following definition �Institute� means the Institute of curriculum Development established under section 3;     iii.            (iii) in section 3 by deleting subsection (i) and substituting for it the following: