CHAPTER 93
MZUMBE UNIVERSITY ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Section

Title

PART I
PRELIMINARY PROVISIONS

   1.   Short title.

   2.   [Omitted.]

   3.   Interpretation.

PART II
THE MZUMBE UNIVERSITY

   4.   Establishment of the University.

   5.   Official seal and signification of documents.

   6.   Mission and emblem of the University.

   7.   Objects and functions of the University.

PART III
AWARD OF DEGREES, DIPLOMAS, ETC.

   8.   Degrees, diplomas, certificates, etc.

   9.   Degrees honoris causa.

PART IV
THE ADMINISTRATION AND STRUCTURE OF THE UNIVERSITY

(a) The Leadership of the University

   10.   The Chancellor.

   11.   The Vice-Chancellor.

   12.   The Deputy Vice-Chancellor.

   13.   The Registrar.

(b) The Council

   14.   The University Council.

   15.   Functions and powers of the Council.

   16.   Secretary of the Council.

   17.   Irregularity not to affect validity of proceedings.

(c) The Senate

   18.   The University Senate.

   19.   Functions and powers of the Senate.

(d) Faculties, Departments, Institutes, Schools, etc.

   20.   Faculties, Institutes, etc.

(e) Boards, Committees, etc.

   21.   Faculty boards, etc.

   22.   University Management Committee.

(f) Staff of the University

   23.   Academic staff of the University.

   24.   Appointments of Deans, Directors etc.

   25.   Appointments Committee for Academic Staff.

   26.   Vacancy in senior academic position.

   27.   Administrative staff of the University.

   28.   Appointments Committee for administrative staff.

   29.   Termination of appointments and disciplinary action.

   30.   No dismissal without inquiry.

   31.   Performance of functions in absence of leading officer.

   32.   Delegation of powers of the Council.

(g) The Academic Staff Association

   33.   Establishment of association.

   34.   Functions of the association.

PART V
ADMINISTRATION AND WELFARE OF STUDENTS

(a) General Administration and Welfare of Students

   35.   Interpretation.

   36.   The Dean of Students.

   37.   Council may make by-laws.

   38.   Registrar to be the disciplinary authority.

   39.   Registrar may delegate powers of disciplinary authority.

   40.   Procedure in disciplinary proceedings.

   41.   Cases of formal proceedings.

   42.   Cases of summary proceedings.

   43.   Disciplinary Appeals Committee.

   44.   Appeals.

   45.   Disciplinary offences not criminal offences.

   46.   Decisions not subject to review.

(b) Student's Organization

   47.   Establishment of students' organization.

   48.   Function of students' organization.

PART VI
THE CONVOCATION

   49.   The Convocation of the University.

   50.   Functions of the Convocation.

   51.   President of the Convocation.

   52.   Procedure of the Convocation.

   53.   Vice-Chancellor to report on business of Convocation.

PART VII
FINANCIAL PROVISIONS

   54.   Management of assets, etc.

   55.   Source of funds and resources of the University.

   56.   Power to invest.

   57.   Financial year.

   58.   Annual budget and estimates.

   59.   Accounts and audit.

   60.   Vice-Chancellor's report.

   61.   Annual statement of accounts and Vice-Chancellor's annual report to be laid before National Assembly.

PART VIII
MISCELLANEOUS PROVISIONS

   62.   Regulations.

   63.   Fees and allowances.

   64.   Chancellor may give directions.

   65.   Indemnity for bona fide acts.

   66.   Validity of acts of Senate, Board etc.

   67.   Transitional and consequential provisions.

   68.   [Repeal of Act No. 15 of 1972.]

SCHEDULES

CHAPTER 93
THE MZUMBE UNIVERSITY ACT

An Act to establish the Mzumbe University and to provide for matters connected with and incidental to the establishment and functioning of the University.

[1st March, 2002]
[G.N. No. 90 of 2002]

Act No. 21 of 2001

PART I
PRELIMINARY PROVISIONS (ss 1-3)

1.   Short title

   This Act may be cited as the Mzumbe University Act.

2.   Omitted

   [Omitted under R.E. 1994.]

3.   Interpretation

   In this Act, unless the context otherwise requires–

   "academic staff" means members of the staff of the University described in section 23;

   "academic staff association" means the association of academic staff established by section 33;

   "administrative staff" means the members of the staff of the University described in section 27;

   "annual estimates" means the estimates, other than supplementary estimates, prepared under section 58 in respect of any financial year;

   "appointing authority" in relation to a person holding any office created by or under this Act, means the person or body of persons vested with the power to appoint or elect that person to the office concerned;

   "appointment" in relation to the staff of the University, means an appointment of a person to the academic or administrative staff of the University and includes an appointment on promotion, recruitment or transfer, and also includes an acting appointment;

   "appointments committee" means, in relation to an appointment to the academic staff or any matter relating to a member of the academic staff the committee established by section 25, and in relation to an appointment to the administrative staff or any matter relating to a member of the administrative staff, the Committee established by section 28;

   "auditor" means an external auditor appointed by the Council under section 59;

   "Board" means a Board Committee established under and in accordance with section 21, and includes an Appointments Committee, a Faculty Board and the Disciplinary Appeals Committee established by section 43;

   "bursar" means a professionally qualified accountant of the University appointed in accordance with section 54(2);

   "by-laws" means any by-laws made by the Council in the exercise of the power conferred by or under this Act for the proper governance of the affairs and business of the University;

   "the Chairman" means the Chairman of the Council;

   "the Chancellor" means the Chancellor of the University referred to in section 10;

   "Centre" means any centre established under this Act to undertake or administer specific functions;

   "constituent College" means an independent institution of the University having its own members of academic staff, students and building as may be established under the provisions of subsection (2) of section 15;

   "continuing education" includes such short courses, seminars, workshops, and other related activities designed for and carried out for any members of any professional body or bodies, discipline, vocation or the like, desirous of improving or enhancing their knowledge;

   "the Convocation" means the Convocation of the University established by section 49;

   "co-ordinator" means an officer of the University entrusted with the task of co-ordinating specific activity as may be directed by any relevant authority or organ of governance;

   "the Council" means the Council of the University established by section 14;

   "Dean" means the Dean of a faculty appointed under section 24;

   "Dean of Students" means the Dean appointed under section 36;

   "department" means any department in the University established under this Act;

   "Deputy Vice-Chancellor" means the Deputy Vice-Chancellor of the University appointed under section 12;

   "Director" means a member of staff of the University who is in charge of the administration of a directorate, institute, college, department or other appropriate unit in the University;

   "distance education system" means the system of imparting education through any means of communication, such as broadcasting, telecasting, correspondence courses, seminars, contact programmes or the combination of any two or more of such means;

   "faculty" means a faculty of the University established under section 20;

   "faculty board" means a board established under section 21;

   "financial year" means the financial year of the University as determined under section 57;

   "Gazette" means the official Gazette of the Government of the United Republic;

   "institute" means an institute of the University established under section 20;

   "member" in relation to–

   (a)   the Council, means a member of the Council, and includes the Chairman;

   (b)   a Board, means a member of the board, and includes the Chairman of the Board;

   (c)   the Senate, means a member of the Senate, and includes the Chairman of the Senate;

   (d)   the Convocation, means a member of the Convocation and includes its President;

   "Minister" means the Minister for the time being responsible for matters relating to higher education;

   "Officer" means any person in the employment of the University but does not include the Vice-Chancellor, a Deputy Vice-Chancellor or the Registrar;

   "organs of governance" means the Council, the Senate, a Committee, a Board or other organ or authority responsible for the management of any aspect to the business or affairs of the University;

   "Professor Emeritus" means a professor of the University who having retired keeps his title as an honour;

   "Registrar" means the Registrar of the University appointed under section 13;

   "regulations" means the regulations made under section 62;

   "salary" includes any overseas pay addition but does not include allowances or other monetary benefit;

   "school" means a department or other institution of the University established under section 20;

   "search committee' means a committee set up in accordance with section 11 or 12 and whose functions are specified in the First Schedule to this Act;

   "Secretary" means the Secretary to the Council appointed under section 16;

   "Senate" means the Senate of the University established by section 18;

   "student" means any person admitted to the University as a candidate for any award of the University and studying under any of its programmes;

   "the University" means the Mzumbe University established by section 4;

   "Vice-Chancellor" means the Vice-Chancellor of the University appointed under section 11.

PART II
THE MZUMBE UNIVERSITY (ss 4-7)

4.   Establishment of the University

   (1) There is hereby established, and located at Mzumbe in Morogoro Region, a university to be known as the Mzumbe University.

   (2) The University shall be a body corporate and shall–

   (a)   have perpetual succession and a common seal;

   (b)   in its corporate name, be capable of suing or being sued;

   (c)   be capable of purchasing and acquiring in any other way, and of alienating any movable or immovable property;

   (d)   have power from time to time to borrow such sums as it may require for its purposes.

5.   Official seal and signification of documents

   (1) The common seal of the University shall be kept in such custody as the Council directs and shall not be used except in accordance with an order or direction of the Council.

   (2) The common seal of the University shall be authenticated by the signature of the Vice-Chancellor, or of one other member of the Council authorised in that behalf by the Council, and that of the Registrar.

   (3) The common seal of the University shall, when affixed to any document and duly authenticated under this section, be judicial and official notice and, unless the contrary is proved, any necessary order or authorisation of the Council under this section shall be presumed to have been duly given.

6.   Mission and emblem of University

   (1) The mission of the University shall be to provide opportunities for acquisition, development and preservation of knowledge and skills through training, research and technological services in the areas of management, public administration, economics, accountancy, local government administration, finance, administration of justice and any other area as determined by the University in accordance with this Act.

   (2) The University shall have an emblem, bearing the words "Mzumbe University" reflecting its mission, of such design, form, attributes, characters or content as the Council may, upon advice of the Senate, prescribe.

7.   Objects and functions of the University

   Notwithstanding the generality of the provisions of section 6, the objects and functions of the University shall be–

   (a)   to provide facilities and opportunities for university education, research, training and consultancy services for the development of human race generally, and of the people of Tanzania in particular;

   (b)   to assist in the preservation, transmission, dissemination and enhancement of knowledge generally and in particular in the fields of administration of justice, management, public administration, business administration, local government administration, accountancy and finance, economics and allied or complementary fields of learning;

   (c)   to encourage academic staff and students to learn and seek knowledge and truth;

   (d)   to produce highly educated and adequately trained experts well prepared and equipped with requisite skills for self employment and manning of key positions in both the public and private sectors;

   (e)   to preserve, transmit and advance professional knowledge, skills and attitudes;

   (f)   to promote, facilitate and sponsor research into technological, social, economic, political and cultural spheres for the welfare and development of mankind within or outside the United Republic;

   (g)   to seek or institute and award fellowships, scholarships, bursaries, medals, prizes and other forms of awards, assistance or sponsorship for the advancement and dissemination of knowledge and the pursuit of truth;

   (h)   to arrange for the publication and dissemination of material produced in connection with the work and activities of the University;

   (i)   to conduct and administer examinations and confer, degrees, diplomas, certificates and other awards of the University;

   (j)   to develop, promote and undertake the provision of adult, continuing and distance education for the enhancement of good governance and efficacious solution to socio-economic and political problems;

   (k)   to develop and maintain a reference library and provide library services in the fields of study undertaken by the University;

   (l)   to co-operate with the Government of the United Republic and other stakeholders and people of Tanzania in the planned and orderly development of quality education, science and technology in the United Republic;

   (m)   to establish links and to co-operate with other national and international institutions in the initiation and conduct of co-operative research and training programmes for the mutual benefit of the co-operating institutions and the United Republic and generally for the pursuit of the mission of the University;

   (n)   to do any other thing in accordance with the provisions of this Act or any other written law in force in the United Republic in pursuance of the mission of the University.

PART III
AWARD OF DEGREES, DIPLOMAS ETC. (ss 8-9)

8.   Degrees, diplomas, certificates, etc.

   (1) Subject to the provisions of this Act, the University may confer the degrees of Bachelor, Master, Doctor of Philosophy and such other degrees of specialization as may be prescribed from time to time by the Council.

   (2) The University may grant such diploma, certificates or other awards as may be prescribed by the Senate and approved by the Council for conferment–

   (a)   upon persons pursuing studies in respect of courses of study provided by the University and approved by the Council;

   (b)   upon persons who, in the opinion of the Senate, are entitled to receive such diplomas, certificates or other awards.

   (3) The degrees, diplomas, certificates and other awards to be prescribed under the provisions of this section shall be published in the Gazette.

9.   Degrees honoris causa

   Section 8 shall apply to the degree of Doctor of Philosophy or other degrees honoris causa which the Senate may, with the approval of the Chancellor, wish to confer upon any person who, in the opinion of the Senate, has rendered distinguished services in the advancement of any branch of learning or has otherwise rendered himself worthy of such a degree.

PART IV
THE ADMINISTRATION AND STRUCTURE OF THE UNIVERSITY (ss 10-34)

(a) The Leadership of the University (ss 10-13)

10.   The Chancellor

   (1) There shall be a Chancellor of the University who shall be appointed by the President of the United Republic upon such terms and conditions of service as, subject to this Act, may be specified in the instrument of his appointment.

   (2) The Chancellor shall, unless he sooner dies, resigns or otherwise vacates office, hold office for a term of five years and may be re-appointed for a further term of not more than five years.

   (3) The Chancellor shall–

   (a)   be the titular head of the University;

   (b)   in the name of the University, confer all degrees, diplomas, certificates and other awards of the University;

   (c)   have the right, from time to time, to direct an inspection of the University or an inquiry into the teaching, research or other work of the University;

   (d)   have power to arrange for visitation to the University in such manner as may be appropriate or prescribed;

   (e)   endeavour to use his position to promote and enhance good and harmonious governance and overall development of the University;

   (f)   provide such advice and guidance to the Council as he may consider necessary or desirable for the betterment of the University;

   (g)   have and discharge such other functions as are conferred upon him by or under this Act.

   (4) Whenever the Chancellor is absent from the United Republic or is for any other reason unable to perform the functions of his office, and–

   (a)   if the absence or inability is not expected to last more than three months, the Council shall appoint a person to exercise the office of Chancellor in an acting capacity for that period; or

   (b)   if the absence or inability is expected to or continues for more than three months, the Minister shall, upon advice by the Council, appoint a person to exercise the office of Chancellor in an acting capacity for the period exceeding three months; and

   (c)   if the Chancellor fails to resume office after the expiration of twelve months from the occurrence of any of the events referred to paragraph (a) or (b), or if he dies or suffers from permanent inability to discharge his office, the office shall be deemed to be vacant, and upon advice by the Council, the President shall appoint another person to hold the office of Chancellor.

This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.