CHAPTER 107
NATIONAL EXAMINATIONS COUNCIL OF TANZANIA ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Section

Title

PART I
PRELIMINARY PROVISIONS

   1.   Short title

   2.   Interpretation.

PART II
THE NATIONAL EXAMINATIONS COUNCIL OF TANZANIA

   3.   Establishment of Council.

   4.   Objects and functions of Council.

   5.   Powers and duties of Council.

   6.   Executive Secretary of Council.

   7.   The staff of the Council.

   8.   Delegation of powers of appointment.

   9.   Executive Committee of Council.

   10.   Examinations Committees and other committees.

   11.   Specific functions of Examinations Committees.

   12.   Awards of diplomas, certificates, etc.

PART III
FINANCIAL PROVISIONS

   13.   Funds of Council

   14.   Power to invest.

   15.   Annual estimates.

   16.   Financial statements and report.

   17.   Annual statements of account and reports to be laid before National Assembly.

PART IV
MISCELLANEOUS PROVISIONS

   18.   Regulations.

   19.   Fees and allowances.

   20.   Minister may give directions.

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

   22.   Protection of members of Council and Committees.

   23.   Regional Administrative Secretary and Permanent Secretary of Zanzibar to be members.

   24.   Representatives of the Council.

   25.   Penalty.

SCHEDULE

CHAPTER 107
THE NATIONAL EXAMINATIONS COUNCIL OF TANZANIA ACT

An Act to make provision for the establishment, constitution, control and administration of the National Examinations Council of Tanzania and for related matters.

[1st December, 1973]
[G.N. No. 973 of 1973]

Acts Nos.
21 of 1973
4 of 1987
5 of 1991
2 of 1998

PART I
PRELIMINARY PROVISIONS (ss 1-2)

1.   Short title

   This Act may be cited as the National Examinations Council of Tanzania Act.

2.   Interpretation Act No. 4 of 1987 Sch.">

   In this Act, unless the context requires otherwise–

   "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;

   "Council" means the National Examinations Council of Tanzania established by section 3;

   "Executive Secretary" means the officer appointed by the President to be the Executive Secretary of the Council;

   "financial year" in relation to the Council includes the Council's first accounting period, whether shorter or longer than a year, and if 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 the 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 responsible for Education.

PART II
THE NATIONAL EXAMINATIONS COUNCIL OF TANZANIA (ss 3-12)

3.   Establishment of Council

   (1) There is established an Examinations Council to be known as the National Examinations Council of Tanzania.

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

   (a)   have perpetual succession and a common seal;

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

   (c)   be capable of purchasing and otherwise acquiring and of disposing of any movable or immovable property;

   (d)   subject to the provisions of this Act, have power from time to time to borrow money and to do or perform all 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 office of the members of the Council, termination 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.

4.   Objects and functions of Council Act No. 2 of 1998 Sch.">

   The objects and functions of the Council shall be–

   (a)   to formulate examination policy in accordance with the principles of education for self-reliance and the education and training policy;

   (b)   to assume responsibility for examinations within the United Republic and to make provision for places and centres of examinations;

   (c)   receive from other persons or bodies of persons reports or other material affecting examinations policy and from time to time to consider and review examinations policy as circumstances may require;

   (d)   to co-operate with other persons or bodies of persons in the orderly development of an examinations system in the United Republic;

   (e)   to conduct examinations for, and to grant, diplomas, certificates and other awards of the Council;

   (f)   to act as the body which shall facilitate, administer and supervise foreign examinations in Tanzania.

5.   Powers and duties of Council Acts Nos. 4 of 1987 Sch.; 2 if 1998 Sch.">

   (1) The Council shall have power to do things and to act in all ways necessary for, or incidental to the purposes for which it is established.

   (2) In particular and without prejudice to the generality of subsection (1), but subject to the provisions of subsection (4), the Council shall have power–

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