CHAPTER 353
EDUCATION ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Section

Title

PART I
PRELIMINARY PROVISIONS

   1.   Short title.

   2.   Interpretation.

   3.   Exemptions.

PART II
CENTRAL ADMINISTRATION OF NATIONAL SCHOOLS

A: Duties and Powers of Minister

   4.   Minister to promote education.

   5.   Powers of Minister.

B: Educational Advisory Council

   6.   Establishment of Educational Advisory Council.

   7.   Functions of Advisory Council.

C: The Commissioner for Education

   8.   Duties of the Commissioner for Education.

PART III
LOCAL ADMINISTRATION OF LOCAL EDUCATION AUTHORITY SCHOOLS

A: Local Education Authorities

   9.   Local Education Authorities.

   10.   Functions of Local Education Authorities.

   11.   Education Committees.

B: Powers of Minister in relation to Local Education Authorities

   12.   Minister may give directions to Local Education Authorities.

   13.   Minister may transfer the functions of Local Education Authority.

PART IV
ESTABLISHMENT AND REGISTRATION OF SCHOOLS

A: Establishment of Schools

   14.   Restriction on establishment of schools.

   15.   Conditions to be complied with prior to establishment of a school.

   16.   Approval of owners.

   17.   Approval of managers.

   18.   Local authorities may establish schools.

B: Registration of Public Schools

   19.   Government schools to be registered.

   20.   Public schools providing adult education.

   21.   Premises where literacy classes are conducted.

   22.   Branches of Government schools.

C: Registration of Private Schools

   23.   Establishment of non-Government schools.

   24.   Non-Government schools to be registered.

   25.   Application for registration.

   26.   Registration of non-Government schools.

   27.   Schools in premises not designed and constructed for the purpose of a school.

   28.   Refusal to register a non-Government school.

   29.   Cancellation of registration of non-Government school.

   30.   [Repealed.]

PART V
MANAGEMENT AND CONTROL OF SCHOOLS

A: Categories of Schools

   31.   Categories of schools for purposes of management.

B: Management of Schools

   32.   Management of national schools.

   33.   Establishment of Education Training Boards.

   34.   Management of schools.

C: Control of Schools

   35.   Compulsory enrolment and attendance of pupils at schools.

   36.   Age for pre-primary education.

   37.   Classification of schools.

   38.   Curricula and syllabi of schools.

   39.   Establishment of School Boards.

   40.   Establishment of Schools Committees.

D: Inspection of schools

   41.   Appointment of inspectors.

   42.   Inspection of schools.

   43.   Powers of inspectors.

   44.   Power to direct remedial measures.

PART VI
PROVISIONS RELATING TO TEACHERS

   45.   Prohibition of teaching by unauthorised persons.

   46.   Certification of teachers.

   47.   Registration of teachers.

   48.   Grounds for refusal to register a teacher.

   49.   Cancellation of registration of teachers.

   50.   Licensing of teachers.

   51.   Register of teachers.

PART VII
APPEALS

   52.   Establishment of District Appeals Boards.

   53.   Establishment of Regional Appeals Boards.

   54.   Appeals to the Minister.

   55.   Appeals to Appeals Boards.

   56.   Powers of Appeals Boards and certain offences.

PART VIII
GENERAL PROVISIONS

   57.   Basic principles of education.

   58.   Control of fees, subscription, etc., in schools.

   59.   Power to prohibit use of books, etc.

   60.   Offences and evidence.

   61.   Minister may make regulations.

   62.   Delegation of functions and powers of Commissioner.

   63.   Repeal, transitional and savings provisions.

PART IX
THE HIGHER EDUCATION ACCREDITATION COUNCIL

   64.   Interpretation.

   65.   Establishment of the Council.

   66.   Functions of the Council.

   67.   Secretary of the Council and other staff.

   68.   Self study report.

   69.   Accreditation period and status.

   70.   Professional bodies.

   71.   Committees of the Council.

   72.   Accreditation Committee.

   73.   Grants Committee.

   74.   Admissions Committee.

PART X
FINANCIAL PROVISIONS

   75.   Funds and other resources of the Council.

   76.   Financial year.

   77.   Accounts and audit.

PART XI
GENERAL AND TRANSITIONAL PROVISIONS

   78.   Regulations.

   79.   Fees and allowances.

   80.   Liability of members.

   81.   Secretary.

SCHEDULES

CHAPTER 353
THE EDUCATION ACT

An Act to provide for the better development of the system of education.

[1st July, 1979]
[G.N. No. 30 of 1979]

Acts Nos.
25 of 1978
7 of 1982
3 of 1986
10 of 1986
11 of 1992
10 of 1995
2 of 1998

PART I
PRELIMINARY PROVISIONS (ss 1-3)

1.   Short title Act No. 3 of 1986">

   This Act may be cited as the Education Act.

2.   Interpretation Acts Nos. 7 of 1982; 10 of 1995">

   (1) In this Act, unless the context requires otherwise–

   "adult education" means the training of persons in the art of reading, writing and arithmetic, and in other fields of learning, the training in which they could not obtain through the formal process of education;

   "Adult Education Centre" means a place or institution where adult education is provided;

   "Advisory Council" means the Educational Advisory Council established under section 6;

   "Commissioner" means the Commissioner for Education and includes any person to whom he delegates the power to perform any of the functions of the Commissioner under this Act;

   "Community School" means a school owned by a local community or owned by an institution on behalf of the Community;

   "District Development Council" means a District Development Council established under section 7(2) of the Decentralisation of Government Administration (Interim Provisions) Act *;

   "District Education Officer" means any Government education officer appointed by the Minister to be in charge of education services in a district and includes any person to whom he delegates his duties;

   "education" means the instruction or training of persons of all ages in various fields of learning designed to contribute to the spiritual, moral, mental and physical development of the community and to the attainment of the wider national goals;

   "Education Secretary" means a person appointed, with the approval of the Commissioner for Education, by a recognised body or organisation to administer its schools and to act in Education liaison with the Commissioner for Education through the Education Secretary-General where such exists;

   "Education Secretary-General" means the person appointed by the Minister by a recognised body or organisation to co-ordinate the education work of such body or organisation and to act for it in liaison with the Commissioner for Education;

   "Education Service" means all such services, things and materials which facilitate the efficient and effective, provision of education;

   "Education Trust" means a community based organisation registered under the Trustees' (Incorporation) Act * responsible for the promotion of education in a specified area;

   "Educational Assessment Centre" means a place where the formal evaluation of performances in a variety of settings and activities, of persons of a handicapped nature is carried out for the purpose of preventing, reducing, eliminating of significant deficits of a learner and for proper placement;

   "Government school" means a school directly maintained and managed by the Ministry or a local authority;

   "grant in aid" means a grant of money or of education materials and supplies from the Central Government or from a local authority or from a non-Government education authority in aid of any school or group of schools or of any educational activity;

   "local authority" means a City Council, a District Council, Municipal Council or a Town Council;

   "local authority school" means a pre-primary school, primary school, secondary school or adult education centre under the jurisdiction of a local authority;

   "maintain" in relation to a school, means to be responsible for the financial up-keep of the school;

   "manager" in relation to any school, means a person who is responsible for the administration and management of that school or of the activities of the pupils in that school, fees and in the case of any institution or organisation giving instructions by means of correspondence delivered by hand or through postal service, the person who is responsible for its administration or management;

   "Minister" means the Minister responsible for education;

   "Ministry" means the Ministry responsible for education;

   "non-Government organisation" means a non-Government education agency;

   "non-Government school" means a school wholly owned and maintained by a person, body of persons or any Institution other than the Government;

   "owner" in relation to a school means the Government, local authority, a person or group of persons owning the buildings of the school;

   "parent" in relation to any child or pupil, includes a guardian and every person who has the actual custody of the child or pupil;

   "pre-primary education" means the full-time formal education given to children of five and six years of age before primary education;

   "pre-primary school" means the school providing pre-primary education but where the school concerned provided pre-primary, primary, secondary or teacher education, reference in this Act to pre-primary school includes the school to the extent to which it provides pre-primary education;

   "primary education" means full time formal education given for seven years after completion of pre-primary education in accordance with the syllabus approved by the Commissioner;

   "primary school" means a school providing primary education; but where the school concerned provides both primary and secondary education, references in this Act to primary school shall be construed as including that school to the extent to which it provides primary education;

   "proper officer" means the Minister responsible for local government, and includes any person appointed by him to perform the functions of the proper officer under this Act;

   "public funds" means such sums as are provided by Parliament or by a non-Government organisation or by any other person to, or obtained in any other way by the Government, or local authority or non-Government organisation for the purposes of facilitating the provisions of education to the public;

   "pupil" means a person who is enrolled at any school for the purposes of receiving education;

   "Regional Education Officer" means any Government officer appointed by the relevant authority to be in charge of education services in the region and includes any person to whom he delegates his duties;

   "school" means any assembly, institution, organisation or place, by whatever name called, which provides or where there is provided, for several or more persons whether or not at the same time, pre-primary, primary, secondary, teacher education or adult education and in the case of instruction given by hand or through postal services, the place where the instruction is prepared or where the work of the pupils is received, dispatched, or examined but does not include–

   (a)   any institution of that kind which is established by or under any written law;

   (b)   any assembly, institution, organisation or place in respect of which the Minister is satisfied that its sole or main purpose is to provide for religious instruction and which is licensed by the Minister as a religious school;

   (c)   any institution maintained by a religious organisation for the purpose of training for the ordained ministry or for admission to a religious order, operating under a licence issued by the Minister;

   (d)   any club established for and consisting substantially of persons under the age of eighteen years, notwithstanding that instruction is given therein, where the establishment of the club has been approved in writing by the Minister responsible for education and the approval has not been withdrawn;

   "School Board" means a board established under section 39 of this Act for the purposes of supervising and advising on the management of a post primary school;

   "School Committee" means a Committee established under section 40 of this Act for the purposes of supervising and advising on the management of primary school;

   "secondary education" means formal full time education of duration of four years for Ordinary Level and two years for Advanced Level continued immediately after primary education in accordance with the syllabus approved by the Commissioner;

   "secondary school" means a school providing secondary education, but where the school concerned provides secondary, primary, pre-primary and/or teacher education, reference in the Act to secondary school include that school to the extent to which it provides secondary education;

   "special ability school" means a school which provides education for pupils with outstanding abilities;

   "special education" means the profession concerned with the arrangement of education variables dealing with the prevention, or elimination of those conditions that produce significant deficits in one or more of the learning avenues;

   "special school" means a school which provides education for the handicapped;

   "subvention" means a block grant paid by the Government towards the cost of educational services;

   "teacher" means any person registered as a teacher under this Act.

   (2) The Minister may, by an order published in the Gazette, extend the period of primary education to any number of years not more than seven, as he may deem desirable in the public interest.

3.   Exemptions

   The Minister may, by an order published in the Gazette, and subject to such conditions as he may specify in that order, exempt any school or any teacher from all or any of the provisions of this Act.

PART II
CENTRAL ADMINISTRATION OF NATIONAL SCHOOLS (ss 4-8)

A: Duties and Powers of Minister (ss 4-5)

4.   Minister to promote education

   (1) The Minister shall, subject to the provisions of this Act, be responsible for the promotion of the education of the people of Tanzania and the progressive development of institutions devoted to that purpose, and for securing the effective execution by local authorities, under his guidance, control and direction, of the national policy for providing a varied, comprehensive and nationally beneficial educational service in their respective jurisdictions.

   (2) The Minister shall ensure that there is available and adequate supply of teachers and other skilled personnel for the provision of educational services.

5.   Powers of Minister Act No. 10 of 1995">

   For the purposes of discharging his responsibility under this Act, the Minister may–

   (a)   subject to the provisions of any written law in that behalf, cause modifications to be made in the development plans of any parastatal organisation engaged in or whose activities are connected with the provision of educational services or facilities;

   (b)   seek and secure modifications in the educational development plans prepared by managers of private schools;

   (c)   after consulting with the Minister responsible for regional administration, modify and co-ordinate the development plans of local authorities in so far as they relate to the provision education, and incorporate those plans in the educational development plans for the whole of Mainland Tanzania;

   (d)   give to managers of schools directions of a general or specific character regarding the use of public funds by their schools;

   (e)   order or cause research or inquiries to be carried out into, or returns to be made to him relating to, the various aspects of education and of the provision of education services and facilities for the purposes of ensuring the better provision education;

   (f)   subject to the provisions of this Act, and of any other written law in that behalf, do any other act or thing which in his opinion is designed to or may further the promotion of education, having regard at all times to the national interests and the interests of the people of the United Republic.

B: Educational Advisory Council (ss 6-7)

6.   Establishment of Educational Advisory Council

   (1) The Minister shall, by an order published in the Gazette, establish an Educational Advisory Council which shall consist of such number of persons as he shall determine.

   (2) The Minister may, on making the order referred to in subsection (1), establish such committees of the Advisory Council in respect of such areas or aspects of education or of fields of learning as he may determine.

   (3) The Minister shall, by the order made under subsection (1) or by a subsequent order made under this subsection, provide for the tenure of office, conditions of retirement of members; meeting of the Advisory Council and for other matters in relation to it.

   (4) The Minister shall, as far as is practicable, appoint to the Advisory Council persons who have experience of the system of education or of institutions dealing or connected with matters relating to education, or persons whose contribution may be of significant advantage to the formulation and execution of the national policy on education.

7.   Functions of Advisory Council

   The Advisory Council shall be responsible for advising the Minister upon matters relating to the execution of the national policy on education, and in particular upon–

   (a)   the organisation of educational facilities in Tanzania;

   (b)   the promotion of education and development of schools in accordance with the purposes and provisions of this Act;

   (c)   any proposed legislation relating to or affecting education which it is intended to submit to the National Assembly;

   (d)   such other matters connected with educational theory and practice as it may think fit; and

   (e)   any other matter which may be referred to it by the Minister.

C: The Commissioner for Education (s 8)

8.   Duties of the Commissioner for Education Act No. 10 of 1995">

   (1) Subject to the provisions of this Act and to any directions and instructions given to him by or on behalf of the Minister, the Commissioner shall be responsible for the general management and administration of all schools.

   (2) Notwithstanding the provisions of subsection (1), non-Government schools shall be managed and administered in accordance with the directions of the Commissioner.

PART III
LOCAL ADMINISTRATION OF LOCAL EDUCATION AUTHORITY SCHOOLS (ss 9-13)

A: Local Education Authorities (ss 9-11)

9.   Local Education Authorities Act No. 10 of 1995">

   (1) Subject to subsection (2), every local authority shall be the local education authority for local authority schools.

   (2) The Minister may, by an order published in the Gazette, direct that the local authority named in the order shall be the Local Education Authority for any regional school situated outside its area of jurisdiction and thereupon that school or those schools shall, for the purposes of this section, be deemed to be situated within the area of jurisdiction of the local authority so named; and where the order is made then, notwithstanding any other provision of this Act, the local authority, if any, within whose area of jurisdiction the school or schools mentioned in the order are situated shall not be the Local Education Authority for that school or those schools while the order remains in operation.

   (3) Notwithstanding the generality of the power conferred upon the Minister by subsection (2), no order may be made by the Minister under that subsection except with the consent of the local authority within whose area of jurisdiction the school or group of schools concerned is to be deemed to be situated.

10.   Functions of Local Education Authorities Act No. 10 of 1995">

   (1) Subject to the provisions of Part V of this Act, the functions of a Local Education Authority in respect of the regional schools for which it is the Local Education Authority shall be–

   (a)   to submit to the Minister for his approval plans for the promotion and development of education and to carry out the plans approved by the Minister;

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