CHAPTER 412
EDUCATION FUND ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Section

Title

PART I
PRELIMINARY PROVISIONS

   1.   Short title and commencement.

   2.   Application.

   3.   Interpretation.

PART II
THE EDUCATION FUND

   4.   Establishment of the Education Fund.

PART III
ESTABLISHMENT, POWERS AND FUNCTIONS OF THE AUTHORITY

   5.   Establishment of the Authority.

   6.   Objectives and functions of the Authority.

PART IV
THE BOARD AND ITS FUNCTIONS

   7.   Establishment of the Board and its committees.

   8.   Powers and functions of the Board.

   9.   Director-General and other employees.

PART V
SPECIAL PROVISIONS ON HIGHER EDUCATION AND APPLICABILITY OF THE FUND TO TANZANIA ZANZIBAR

   10.   Functions of the Authority and the Fund extend to Tanzania Zanzibar.

   11.   Commencement of operation of Part V.

PART VI
SPECIAL PROVISIONS RELATING TO DONATIONS GIFTS, GRANTS AND BEQUESTS

   12.   Certificate of Educational Appreciation.

PART VII
FINANCIAL PROVISIONS

   13.   Funds of Authority.

   14.   Revenue to accrue to the Fund.

   15.   Estimates of income and expenditure of the Authority.

   16.   Accounts, audit and annual reports.

   17.   Quarterly reports.

   18.   Internal audit and periodic audit reports.

PART VIII
GENERAL PROVISIONS

   19.   Exemption.

   20.   Power to make regulations.

SCHEDULES

CHAPTER 412
THE EDUCATION FUND ACT

An Act to establish the Education Fund, to provide for management of the Fund and for related matters.

[...........]

Act No.
8 of 2001
13 of 2005

PART I
PRELIMINARY PROVISIONS (ss 1-3)

1.   Short title and commencement

   This Act may be cited as the Education Fund Act and shall come into operation on such date as the Minister may by notice published in the Gazette appoint, and a different date may be appointed for the provisions of Part V of this Act.

2.   Application

   This Act shall not apply to Tanzania Zanzibar except for the provision of Part V.

3.   Interpretation

   In this Act, unless the context requires otherwise–

   "Authority" means the Tanzania Education Authority established by section 5;

   "Board" means the Board of the Authority established by section 7;

   "Certificate of Educational Appreciation" means the certificate issued under section 12;

   "education levels" means the pre-and primary education, secondary education and tertiary education levels as categorised under the National Higher Education Policy;

   "Fund Assisted Project or Programme" means any project or programme funded by the Authority;

   "Government agency" means any government department or office designated as a Government agency;

   "higher learning institution" means an institution recognized as a higher education institution under the National Higher Education Policy;

   "Minister" means the Minister responsible for higher education matters;

   "professional higher education" means education provided by the full professional higher education institutions;

   "secondary level education" means education obtained through secondary schools;

   "tertiary level education" means education obtained from a higher learning institution.

PART II
THE EDUCATION FUND (s 4)

4.   Establishment of the Education Fund

   (1) There is hereby established a Fund to be known as the Education Fund into which shall be paid all monies collected as grants or loans in accordance with the provisions of this Act, or from any other source.

   (2) All monies collected as education fund shall be remitted to such bank accounts as the Authority shall prescribe or designate, and in accordance with the provisions of this Act.

   (3) The monies deposited in the Fund shall be used for the purposes of improvement of the quality, access to and equality of education at all educational levels in Mainland Tanzania, in accordance with Fund Assisted Projects or Programmes; and in Tanzania Zanzibar it will be applied as defined in Part V of this Act.

   (4) The Minister shall, for the purpose of ensuring proper functioning of this Act with regard to the Fund consult with the Minister responsible for finance.

PART III
ESTABLISHMENT, POWERS AND FUNCTIONS OF THE AUTHORITY (ss 5-6)

5.   Establishment of the Authority

   (1) There is hereby established an Authority to be known as the Tanzania Education Authority which shall consist of the Board, its committees and all operating directorates.

   (2) The Authority established under subsection (1) shall be compact and it shall perform its functions in the manner which is efficient and effective.

   (3) The Authority shall be a body corporate with perpetual succession and a common seal and shall in its corporate name, be capable of–

   (a)   suing and being sued;

   (b)   acquiring, holding and disposing of real and personal property;

   (c)   exercising the powers and performing the functions conferred upon it by or under this Act;

   (d)   entering into contracts or other transactions and doing or suffering to do all such other acts and things which a body corporate may lawfully perform, do or suffer to be done;

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