CHAPTER 268
OPEN UNIVERSITY OF TANZANIA ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Section

Title

PART I
PRELIMINARY PROVISIONS

   1.   Short title.

   2.   Interpretation.

PART II
OPEN UNIVERSITY OF TANZANIA

   3.   Establishment of Open University.

   4.   Objects and functions.

PART III
AWARDS OF DEGREES, DIPLOMAS, ETC.

   5.   Award of degrees, etc.

   6.   Degrees honoris causa.

PART IV
ADMINISTRATION

(a) The Chancellor and Other Senior officers

   7.   Chancellor.

   8.   Vice-Chancellor.

   9.   Deputy Vice-Chancellor.

   10.   Registrar.

(b) The Council

   11.   Council.

   12.   Powers of Council.

   13.   Secretary of the Council.

   14.   Validity of acts of Council in certain cases.

(c) Boards and Committees

   15.   Faculty Boards.

   16.   Appointments Committee for academic staff.

   17.   Appointments Committee for administrative staff.

   18.   Other Boards and Committees.

(d) The Senate

   19.   Senate.

   20.   Functions of the Senate.

(e) Faculties and Institutes

   21.   Faculties and Institutes.

(f) The Staff of the University

   22.   Academic Staff of University.

   23.   Appointment of Deans and Directors.

   24.   Powers of Academic Appointments Committee.

   25.   Vacancy of senior academic post.

   26.   Administrative staff.

   27.   Power to abolish offices.

   28.   Power to appoint administrative staff.

   29.   Power to terminate appointments.

   30.   Delegation of Council powers.

   31.   Application of Second Schedule.

   32.   Exercise of powers conferred under section 29.

   33.   Terms of employment of University staff.

PART V
DISCIPLINE

   34.   Interpretation.

   35.   Council may make by-laws.

   36.   Investigation of disciplinary offence.

   37.   Registrar may delegate powers.

   38.   Formal and summary proceedings.

   39.   Institution of formal proceedings.

   40.   Institution of summary proceedings.

   41.   Disciplinary Appeals Committee.

   42.   Appeal by a convicted student.

   43.   Disciplinary offence not deemed offence under written law.

   44.   Decisions of Disciplinary Appeals Committee final.

PART VI
CONVOCATION

(a) Convocation

   45.   Convocation members.

   46.   Meeting of Convocation.

   47.   President of Convocation.

   48.   Procedure of Convocation.

   49.   Registrar to report on business of Convocation.

(b) Academic Staff Assembly

   50.   Academic Staff Assembly.

PART VII
FINANCIAL PROVISIONS

   51.   Management of property of University.

   52.   Funds of the University.

   53.   Investment of University funds.

   54.   Financial year.

   55.   Annual budget estimates.

   56.   Accounts of University.

   57.   Financial report of Vice-Chancellor.

   58.   Financial report to be tabled in the National Assembly.

PART VIII
MISCELLANEOUS PROVISIONS

   59.   Regulations.

   60.   Fees and allowances.

   61.   Chancellor may give directions.

   62.   Indemnity for bona fide acts.

   63.   Validity of acts of Senate or Board in certain cases.

   64.   [Repealed.]

   65.   Students' Organisation.

   66.   Functions of Students' Organisation.

SCHEDULES

CHAPTER 268
THE OPEN UNIVERSITY OF TANZANIA ACT

An Act to establish the Open University of Tanzania and to provide for matters connected therewith.

[1st March, 1993]
[G.N. No. 55 of 1993]

Acts Nos.
17 of 1992
18 of 1995
17 of 1996
10 of 2001
9 of 2002

PART I
PRELIMINARY PROVISIONS (ss 1-2)

1.   Short title

   This Act may be cited as the Open University of Tanzania Act.

2.   Interpretation

   In this Act, unless the context otherwise requires–

   "academic staff" shall have the meaning assigned to that term by section 22;

   "administrative staff" shall have the meaning assigned to that term by section 26;

   "appointing authority" in relation to any member of the Council means the person or body of persons by whom such member was appointed or elected to the Council;

   "appointment" in relation to the staff of the University, means an appointment of a person to the academic staff or the administrative staff of the University and includes an appointment or promotion 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 on the Committee established by section 16, and in relation to an appointment to the administrative staff or any matter relating to a member of the administrative staff on the Committee established by section 17;

   "Board" means a Board or Committee established under section 18;

   "Chairman" means the Chairman of the Council;

   "Chancellor" means the Chancellor of the University;

   "Convocation" means the Convocation established by section 45;

   "Council" means the Council of the Open University of Tanzania established by section 11;

   "Dean" means the Dean of a Faculty;

   "Deputy Vice-Chancellor" means a Deputy Vice-Chancellor appointed under section 9;

   "Director" means a Director of an Institute;

   "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 by section 21;

   "Faculty Board" means a Faculty Board established by section 15;

   "financial year" means, subject to the provisions of section 54, the period of twelve months commencing on the first day of July in any year and expiring on the thirtieth day of June in the following year;

   "Inquiry Officer" means the inquiry officer appointed under subsection (3) of section 39;

   "Institute" means an Institute established by section 21;

   "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;

   "Minister" means the Minister responsible for Higher Education;

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

   "Regional Centre" means a centre established or maintained by the University;

   "Registrar" means the Registrar appointed under section 10;

   "regulations" means regulations made under section 59;

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

   "Search Committee" means a committee set up as provided for in subsection (1) of section 8 and whose functions shall be as shown in the First Schedule;

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

   "Senate" means the Senate of the University established by section 19;

   "Staff Association" means the academic staff association established by section 50;

   "student" means a student of the University and includes any person who has enrolled himself for pursuing any course of study of the University;

   "Students' Organisation" means an organisation representative of the students of the University established by Section 65;

   "Study Centre" means a centre established, maintained or recognised by the University;

   "University" means the Open University of Tanzania established by section 3;

   "Vice-Chancellor" means the Vice-Chancellor of the University appointed under section 8.

PART II
OPEN UNIVERSITY OF TANZANIA (ss 3-4)

3.   Establishment of Open University

   (1) There is established a University to be known as the Open University of Tanzania.

   (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 and being sued;

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

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

4.   Objects and functions

   The objects and functions of the University shall be–

   (a)   to preserve, enhance and transmit knowledge by teaching and conducting research through various means, including the use of broadcasting and technological devices appropriate to higher education, by correspondence, tuition, residential courses and seminars;

   (b)   to provide opportunities for higher education to a broad segment of the population through distance learning;

   (c)   to promote the educational well-being of the community generally through distance education methods;

   (d)   to provide education of University and professional standards for its students; and

   (e)   to conduct examinations for, and to grant degrees, diplomas, certificates and other awards of the University.

PART III
AWARDS OF DEGREES, DIPLOMAS, ETC. (ss 5-6)

5.   Award of degrees, etc.

   It shall be lawful for the University–

   (a)   to confer the degrees of Bachelor, Master, Doctor and such other degrees as may be prescribed; and

   (b)   to grant diploma or certificates or other awards.

6.   Degrees honoris causa

   The provisions of section 5 shall apply respectively to the honorary degrees which the Senate, with the approval of the Chancellor may wish to confer upon any person who, in the opinion of the Senate, has rendered distinguished service in the advancement of any branch of learning or has otherwise rendered himself worthy of such a degree.

PART IV
ADMINISTRATION (ss 7-33)

(a) The Chancellor and Other Senior Officers (ss 7-10)

7.   Chancellor

   (1) The President of the United Republic shall be the Chancellor of the University unless he sees fit to appoint some other person to the office of the Chancellor.

   (2) The Chancellor shall be the Head of the University and shall confer all degrees of the University.

   (3) Whenever the Chancellor is absent from the United Republic or is for any other reason unable to perform the functions of his office, the President or any person authorized by him in that behalf, may appoint a person to perform the functions of the office of the Chancellor during such absence or inability.

   (4) The Chancellor shall have such other functions as are conferred upon him by this Act.

8.   Vice-Chancellor

   (1) There shall be a Vice-Chancellor of the University who shall be appointed by the Chancellor from a list of not more than three and not fewer than two persons submitted by a Search Committee set up in accordance with the First Schedule:

   Provided that in the case of the first Vice-Chancellor, the Chancellor will not have to make any reference to the Search Committee.

   (2) The Vice-Chancellor shall hold office for a term of four years and may be re-appointed for one further term of four years.

   (3) Notwithstanding subsection (2), the appointing authority may for special reasons and by recommendation from the Search Committee reappoint a person who has served for two consecutive terms to be a Vice-Chancellor for another one term.

   (4) The Vice-Chancellor shall be the principal executive officer of the University and shall be responsible to the Council for the implementation of the decisions of the Council.

   (5) The Vice-Chancellor shall have such other functions as are conferred upon him by this Act or as may be prescribed.

9.   Deputy Vice-Chancellor

   (1) There shall be a Deputy Vice-Chancellor or Deputy Vice-Chancellors of the University up to three in number, who shall be appointed by the Chancellor after consultation with the Vice-Chancellor from amongst the professors of the University.

   (2) A Deputy Vice-Chancellor shall hold office for a period of three years provided that he may not be reappointed for more than one further consecutive term.

   (3) The Deputy Vice-Chancellor and Deputy Vice-Chancellors shall be responsible to the Vice-Chancellor in relation to all matters assigned to them.

   (4) The Deputy Vice-Chancellor shall have such other functions as are conferred upon them by this Act or as may be prescribed.

10.   Registrar

   (1) There shall be a Registrar of the University who shall be appointed by the Chancellor after consultation with the Vice-Chancellor.

   (2) The Registrar shall hold office for such period and on such terms and conditions as the Chancellor may determine.

   (3) The Registrar shall be responsible to the Vice-Chancellor in respect of all administrative matters pertaining to the University.

   (4) The Registrar shall have such other functions as are conferred upon him by this Act or as may be prescribed.

(b) The Council (ss 11-14)

11.   Council

   (1) There shall be a Council of the University which shall be composed of–

   (a)   a Chairman who shall be appointed by the President;

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