CHAPTER 226
TANZANIA COMMISSION FOR SCIENCE AND TECHNOLOGY ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Sections

Title

PART I
PRELIMINARY PROVISIONS

   1.   Short title.

   2.   Application.

   3.   Interpretation.

PART II
TANZANIA NATIONAL COMMISSION FOR SCIENCE
AND TECHNOLOGY

   4.   Establishment of the Tanzania National Commission for Science and Technology.

   5.   Functions of the Commission.

   6.   Director-General of the Commission.

   7.   Duties of the Director-General.

   8.   The staff of the Commission.

   9.   Delegation of power of appointment.

   10.   General powers of the Commission.

   11.   Directions by the Minister.

   12.   Certain Institutions to be affiliated to the Commission.

   13.   Commission may call for information.

PART III
COMMITTEES

   14.   Establishment of committees

PART IV
CENTRE FOR THE DEVELOPMENT AND
TRANSFER OF TECHNOLOGY

   15.   Commission to establish Centre for Development and Transfer of Technology.

   16.   Registration of contract.

   17.   Evaluation of agreements.

   18.   Restrictive business practices not to be included in agreement or contract.

   19.   Cancellation of registration.

   20.   Sanction.

   21.   Termination of contracts.

   22.   Confidential character of certain information.

PART V
THE NATIONAL FUND FOR THE ADVANCEMENT
OF SCIENCE AND TECHNOLOGY

   23.   Establishment and purposes of the Fund.

   24.   Sources of the Fund.

   25.   Management of the Fund.

   26.   Accounts and audit.

PART VI
FINANCIAL PROVISIONS

   27.   Funds and resources of the Commission.

   28.   Estimates of income and expenditure.

   29.   Accounts and audit.

   30.   Report of the Commission.

PART VII
MISCELLANEOUS PROVISIONS

   31.   Institution of Award for Science and Technology.

   32.   Awards Committee.

   33.   Power to make regulations.

   34.   Disclosure of information.

   35.   Protection to inventors.

   36.   Offences.

   37.   Protection from personal liability.

PART VIII
REPEAL AND SAVINGS

   38.   [Repeal of Act No. 5 of 1968.]

   39.   Savings and transitional provisions.

SCHEDULES

CHAPTER 226
THE TANZANIA COMMISSION FOR SCIENCE AND TECHNOLOGY ACT

An Act to establish the Tanzania Commission for Science and Technology and to provide for its structure, functions and procedures and for matters connected therewith.

[1st January, 1987]
[G.N. No. 577 of 1986]

Act No. 7 of 1986

PART I
PRELIMINARY PROVISIONS (ss 1-3)

1.   Short title

   This Act may be cited as the Tanzania Commission for Science and Technology Act.

2.   Application

   This Act shall extend to Tanzania Zanzibar as well as to Mainland Tanzania.

3.   Interpretation

   In this Act, unless the context otherwise requires–

   "Award" means the Tanzania Award for Scientific and Technological Achievement instituted by section 31;

   "Awards Committee" means the Tanzania Scientific and Technological Achievement Awards Committee established by section 32;

   "Centre" means the Centre for Transfer of Technology established by section 15;

   "Commission" means the Tanzania Commission for Science and Technology established under section 4(1);

   "Fund" means the National Fund for the Advancement of Science and Technology established by section 26;

   "Minister" means the Minister responsible for matters relating to science and technology.

PART II
TANZANIA NATIONAL COMMISSION FOR SCIENCE AND TECHNOLOGY (ss 4-13)

4.   Establishment of the Tanzania National Commission for Science and Technology

   (1) There is established a Commission which shall be known as the Tanzania Commission for Science and Technology and which shall–

   (a)   have perpetual succession and a common seal;

   (b)   be capable of suing and being sued;

   (c)   subject to this Act, be capable of purchasing and otherwise acquiring movable or immovable property.

   (2) The provision of the First Schedule shall have effect with respect to the composition and proceedings of the Commission.

   (3) Save for the provisions relating to the appointment of the Chairman, the Minister may, by order published in the Gazette amend, add to, vary, revoke or replace any of the provisions of the First Schedule.

   (4) The Commission may co-opt additional members for a specified meeting or other purpose but no co-opted member shall have the right to vote.

5.   Functions of the Commission

   (1) The Commission shall be the principal advisory organ of Government on all matters relating to scientific research and technology development.

   (2) Without prejudice to the generality of subsection (1) the functions of the Commission shall be–

   (a)   to formulate policy on the development of science and technology and recommend its implementation by the Government;

   (b)   to monitor and co-ordinate the activities relating to scientific research and technology development of all persons or body of persons concerned with such activities;

   (c)   to acquire, store and disseminate scientific and technological information, and may, for that purpose hold or sponsor conferences, symposia, meetings, seminars or workshops, or publish any newspaper, journal or periodical or do any other act or thing designed to promote interest in science and technology development;

   (d)   to advise the Government on–

      (i)   priorities in scientific research;

      (ii)   the allocation and utilisation of research funds according to priorities referred to in subparagraph (i);

      (iii)   regional and international co-operation in scientific research and transfer of technology;

      (iv)   matters relating to the training and recruitment of research personnel;

      (v)   instruction on scientific subjects in educational institutions within the United Republic;

      (vi)   the initiation, formulation and implementation of research policies and programmes;

      (vii)   the establishment and maintenance of national scientific standard;

      (viii)   science and technology policy;

   (e)   after acceptance by the Government of any advice given to it by the Commission pursuant to paragraph (d)–

      (i)   to consult, co-ordinate and supervise the determination, planning and allocation of funds by national research institutions to research projects and programmes within their respective fields of research;

      (ii)   to examine the research and development programmes of national research institutions, whether or not affiliated to the Commission, and advise on the best ways of achieving the objectives of those researches;

   (f)   to evaluate existing and proposed policies and the activities of the Government directed at the development of science and technology;

   (g)   to promote the carrying out of research in the area of science and technology;

   (h)   to mobilise funds for support and promotion of scientific research and technological development from both the Government and other sources;

   (i)   to popularise science and technology at all levels including the general public;

   (j)   to foster co-operation in all matters relating to science and technology at regional and international levels;

   (k)   to advise the Government on better and more efficient ways of implementing the national science and technology policy;

   (l)   to facilitate the full and advantageous application of research results for the purposes of the better social and economic development of the United Republic;

   (m)   to carry out independently or in co-operation with any appropriate person, body, agency or institution such surveys and investigations as the Commission may consider necessary for the proper performance of its functions;

   (n)   to perform such other functions as the Minister may assign to the Commission, or as are incidental or conducive to the exercise by the Commission of all or any of the preceding functions.

   (3) The Commission shall, in the performance of its functions, be guided by and comply with the provisions of the national policy on science and technology as from time to time declared.

   (4) For the purposes of the better performance of its functions the commission shall establish and maintain a system of collaboration, consultation and co-operation with any person or body of persons within or outside Tanzania, established by or under any written law and having functions related to those specified in subsection (1) or which relate to transfer and development of technology generally.

   (5) Any person who without reasonable excuse, hinders or obstructs the Commission or an authorised officer in carrying out any functions under subsection (1) and (2) or under section 15 commits an offence and is liable upon conviction to a fine not exceeding ten thousand shillings or to imprisonment for a term not exceeding two years or to both such fine and imprisonment.

6.   Director-General of the Commission

   (1) There shall be a Director-General and a Deputy Director-General of the Commission who shall be appointed by the President on such terms and conditions as the President may determine.

   (2) The Director-General shall be the Chief Executive Officer of the Commission and shall, subject to the provisions of this Act and any directions which may be given to him by the Minister or the Commission, be responsible for the implementation of all decisions of the Commission and for carrying out all the day to day activities of the Commission.

   (3) The Director-General shall be the secretary of the Commission, and he or the Deputy Director-General shall attend and act in that capacity at all meetings of the Commission.

7.   Duties of the Director-General

   Without prejudice to the generality of subsection (2) of section 6, it shall be the duty of the Director-General under the direction of the Commission–

   (a)   to carry out investigations, into the problems of transfer of and development of science and technology and of transfer of technology;

   (b)   to obtain the advice of persons having special knowledge, experience, or responsibility in regard to development of science and technology;

   (c)   to keep under review the progress made in the attainment of the objects and purposes of this Act and to publish reports and provide information for the purpose of enhancing public awareness of such progress and of the problems and remedies that exist in relation to the development of science and technology;

   (d)   to promote, encourage, co-ordinate and carry out short term and long term planning and projects in the development of science and technology with or separate from other public bodies and other organs;

   (e)   generally to administer and give effect to the provisions of this Act and to carry out other functions as may be prescribed by the Commission.

8.   The staff of the Commission

   (1) The Commission may appoint on such terms and conditions as it may determine, such number of persons to serve as officers of the Commission as it may consider appropriate or necessary for the performance of the functions of the Commission.

   (2) The Commission may engage, either temporarily or on such terms as it may think fit, persons who are experts in matters relating to science and technology.

9.   Delegation of power of appointment

   The Commission may, subject to such conditions as it may impose, delegate to any person or body of persons the powers of appointment to any office or offices of the Commission.

10.   General powers of the Commission

   The Commission may, for the purpose of carrying out its functions under this Act do all such things as appear to it to be requisite, advantageous or convenient for or in connection with the carrying out of such functions or to be incidental to their proper discharge and may carry on any activities in that behalf either alone or in association with any other person or body of persons and may set up committees for the purpose of conducting any scientific and technological research.

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