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CHAPTER 56"/>
NON-GOVERNMENTAL ORGANISATIONS ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

    Section

Title

PART I
PRELIMINARY PROVISIONS

    1.    Short title.

    2.    Interpretation.

PART II
ADMINISTRATION AND CO-ORDINATION OF NON-GOVERNMENTAL ORGANISATIONS

    3.    Director for Non-Governmental Organisations Co-ordination.

    4.    Functions and duties of the Director.

    5.    The register of NGO's.

    6.    Establishment of the Board.

    7.    Functions of the Board.

    8.    Sources of fund of the Board.

    9.    Annual estimates.

    10.    Books of accounts.

PART III
PROCEDURE FOR REGISTRATION OF NON-GOVERNMENTAL ORGANISATIONS

    11.    Requirement to register.

    12.    Application for registration.

    13.    Application to be referred to the Board.

    14.    Refusal of registration.

    15.    Appeal.

    16.    Review by the Board or appeal to the Minister.

    17.    Certificate of registration.

    18.    Effect of registration.

    19.    Permits.

    20.    Suspension or cancellation of certificate.

    21.    Procedure for suspension or cancellation.

PART IV
LEVELS OF REGISTRATION

    22.    Appointment of public officers.

    23.    Registration of NGO's at various levels.

    24.    Board may require proof of existence.

PART V
ACCOUNTABILITY AND SELF REGULATION OF NON-GOVERNMENTAL ORGANISATIONS

    25.    Establishment of the Council.

    26.    Annual meeting of the Council.

    27.    Code of conduct.

    28.    Duties of the Board regarding code of conduct.

    29.    Activities and financial reports.

    30.    Governing documents.

    31.    General conduct.

    32.    Fund raising activities.

    33.    Notification of change of particulars of Non-Governmental Organisation.

    34.    Inspection of documents.

PART VI
OFFENCES AND PENALTIES

    35.    Offences and penalties.

    36.    Liability of office bearers of NGO.

PART VII
MISCELLANEOUS PROVISIONS

    37.    Publication of Non-Governmental Organisations.

    38.    Power of Minister to make regulations.

SCHEDULE

CHAPTER 56
NON-GOVERNMENTAL ORGANISATIONS ACT

An Act to provide for registration of Non-Governmental Organisations with a view to co-ordinate and regulate activities of Non-Governmental Organisations and to provide for related matters.

[1st January,2004]
[G.N. No. 405 of 2003]

Act No. 24 of 2002

PART I
PRELIMINARY PROVISIONS (ss 1-2)

1.    Short title

    This Act may be cited as the Non-Governmental Organisations Act.

2.    lnterpretation

    In this Act, unless the context otherwise requires–

    "Board" means the Board established under section 6;

    "certificate" means the certificate of registration or a certificate of compliance issued under this Act;

    "Council" means a National Council for Non-Governmental Organisations established under section 25;

    "Director" means a Director for Non-Governmental Organisations Co-ordination appointed under section 3(1);

    "International Non-Governmental Organisation" means a Non-Governmental Organisation established outside Mainland Tanzania;

    "National Non-Governmental Organisation" means a Non-Governmental Organisation established in accordance with the Provisions of this Act and whose scope of operation extends to more than two regions;

    "Non-Governmental Organisation" also known in its acronym "NGO" means a voluntary grouping of individuals or organisation which is autonomous, non-partisan, non-profit making which is organised locally at the grassroot, national or international levels for the purpose of enhancing or promoting economic, environmental, social or cultural development or protecting environment, lobbying or advocating on issues of public interest of a group of individuals or organisation, and includes a Non-Governmental Organisation, established under the auspices of any religious organisation or faith propagating organisation' trade union, sports club, political party, or community based organisation; but does not include a trade, union, a social club or a sports club, a political party, a religious organisation or a community based organisation;

    "Minister" means the Minister responsible for Non-Governmental Organisations;

    "public interest" includes all forms of activities aimed at providing for and improving the standard of living or eradication of poverty of a given group of people or the public at large;

    "register" means the register of Non-Governmental Organisations;

    "public officer" means a Public Officer appointed pursuant to the provisions of section 22(1).

PART II
ADMINISTRATION AND CO-ORDINATION OF NON-GOVERNMENTAL ORGANISATIONS (ss 3-10)

3.    Director for Non-Governmental Organisations Co-ordination

    (1) There shall be appointed by the President a public officer to Director be the Director for Non-Governmental Organisations Co-ordination.

    (2) The Director for Non-Governmental Organisations Co-ordination shall be the Registrar of Non-Governmental Organisations and a link between the Government and Non-Government Organisations.

4.    Functions and duties of the Director

    (1) Functions and duties of the Director shall include–

    (a)    to advise on policy and other matters regarding Non-Governmental Organisations;

    (b)    to ensure proper implementation of this Act;

    (c)    to ensure that operations of Non-Governmental Organisations are available for the Government and the public for consumption;

    (d)    to encourage co-operation with sector Ministries in matters relating to Non-Governmental Organisations;

    (e)    to register Non-Governmental Organisations;

    (f)    to keep and maintain register of Non-Governmental Organisations;

    (g)    to keep records and reports regarding Non-Governmental Organisations;

    (h)    to appoint public officers under this Act;

    (i)    to perform such other duties as may be assigned to him by the Board.

    (2) The Director shall be the Secretary to the Board.

5.    The register of NGO's

    (1) There shall be a register of Non-Government Organisations, wherein shall be entered all matters relating to Non-Governmental Organisations provided for by this Act.

    (2) Each Non-Governmental Organisation shall be identified by a certificate of Registration issued to it by the Registrar.

6.    Establishment of the Board

    (1) There shall be established a Board to be known as the Non-Governmental Organisations Co-ordination Board.

    (2) The provision of the Schedule to this Act shall have effect as to the composition, tenure of office, proceedings at meetings of the Board and other matters relating to the Board.

7.    Functions of the Board

    (1) The functions of the Board shall include–

    (a)    to approve and co-ordinate registration of Non-Governmental Organisations;

    (b)    to facilitate the implementation of the national Non-Governmental Organisations policy;

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    (c)    to facilitate and co-ordinate activities of Non-Governmental Organisations;

    (d)    to approve application for registration or certificate of compliance;

    (e)    to direct suspension or cancellation of any Non-Governmental Organisation;

    (f)    to examine the annual reports of Non-Governmental Organisations;

    (g)    to advise the Government on the activities of Non-Governmental Organisations;

    (h)    to review the register of Non-Governmental Organisations;

    (i)    to provide policy guidelines to Non-Governmental Organisations for harmonising their activities in the light of the national development plan;

    (j)    to receive, discuss and approve regular reports of the Council and advice on strategies for efficient planning and co-ordination of activities of Non-Governmental Organisations;

    (k)    to facilitate information sharing and providing guidelines for let working between Non-Governmental organisations and the Government;

    (l)    to investigate and to inquire into any matter in order to ensure adherence with the constitution of each of such Non-Governmental organisations;

    (m)    to perform such other functions as may be directed by the Minister.

    (2) The Board shall, for the purpose of efficient functions–

    (a)    appoint any number of officers as may be required;

    (b)    delegate to the Director the exercise of the powers or the performance of any of its functions.

    (3) In performing its functions under this Act, the Board shall maintain as far as practicable, a system of consultation, co-ordination and co-operation with Ministries, Government institutions or any other public or private bodies established under any written law, having functions similar to those which are performed by any given Non-Governmental Organisations.

8.    Sources of fund of the Board

    (1) The funds of the Board shall consist of–

    (a)    any sums as may be appropriate by the Parliament;

    (b)    funds or assets which may vest in or accrue to the Board from other sources by way of fees, grants or in any other way;

    (c)    any sums which the Board may borrow for its own purpose.

    (2) The Board may–

    (a)    invest any of its funds in securities in which the trustees may, by law deal in any trust fund or in any other securities, which the Board may determine; and

    (b)    deposit with a bank any money not immediately required for the use by the Board.

9.    Annual estimates

    (1) The Board shall, before the commencement of a financial year, cause to be prepared, estimates of the revenue and expenditure for that year.

    (2) The annual estimates shall make provision for all estimated expenditure of the Board for a financial year concerned, and the Board shall in particular, approve recurrent and development expenditure.

    (3) The annual estimates shall be submitted to the Minister who shall cause them to be laid before the National Assembly within three months from the date of their submission to him.

    (4) No expenditure shall be incurred for the purpose of the Board except in accordance with the annual estimates.

10.    Books of accounts

    (1) The Board shall keep proper books of accounts.

    (2) Within three months from the end of each financial year, the Board shall submit to the Controller and Auditor General accounts of the Board together with–

    (a)    a statement of financial activities and income and expenditure during that financial year; and

    (b)    a statement of assets and liabilities of the Board existing at the end of such financial year.

    (3) The accounts of the Board shall be audited by the Controller and Auditor General.

PART III
PROCEDURE FOR REGISTRATION OF NON-GOVERNMENTAL ORGANISATIONS (ss 11-21)

11.    Requirement to register

    (1) Each Non-Governmental Organisation shall be required to register with the Registrar pursuant to the provisions of this Act.

    (2) Without prejudice to the Provisions of subsection (1), a Non-Governmental Organisation may, where its status requires registration to be made under any other written law, apply for registration under such other law.

    (3) A Non-Governmental Organisation which is registered or established under any other written law shall apply to the Registrar for a certificate of compliance.

    (4) A certificate of compliance shall be issued upon satisfaction by each of such Non-Governmental Organisation of the terms and conditions for registration under this Act and shall have similar effect as a certificate of registration issued under this Act.

    (5) No fee shall be charged and payable for an application for a certificate of compliance.

12.    Application for registration

    (1) A group of persons who wish to apply for registration of a Non-Governmental Organisation shall make application in the prescribed form to the Registrar.

    (2) An application for registration shall be submitted by one or more persons, being founder members, which shall be accompanied by–

    (a)    a copy of the constitution of the Non-Governmental Organisation;

    (b)    minutes containing full names and signature of founder members;

    (c)    personal particulars of office bearer;

    (d)    address and physical location of the head office of the Non-Governmental Organisation;

    (e)    an application fee; and

    (f)    any other particulars or information as may be required by the Registrar.

13.    Application to be referred to the Board

    (1) The Registrar shall within one month after receiving an application refer the application together with his recommendations to the Board for consideration.

    (2) The Board shall within a period of two months after receiving the application and recommendations consider and make determination of the matter.

    (3) The Board may, in determining the matter–

    (a)    approve and direct the Registrar to register the Non-Governmental Organisation; or

    (b)    refuse to approve the application and direct the Registrar to inform the applicant or applicants accordingly.

14.    Refusal of registration

    (1) The Board may refuse to approve application for registration of a Non-Governmental Organisation if it is satisfied that–

    (a)    the activities of a Non-Governmental Organisations are not for public interest or are contrary to any written law; or

    (b)    the application has given false or misleading information in any material particular; or

    (c)    on the recommendation of the Council, the Non-Governmental Organisation should not be registered.

    (2) Where the Board has refused registration of a Non-Governmental Organisation, it shall, within twenty-one days, notify the applicant of the reasons for the refusal.

15.    Appeal

    Any applicant who is not satisfied with the decision of the Board may appeal to the Minister.

16.    Review by the Board or appeal to the Minister

    (1) Where the applicant is not satisfied with the decision of the Board he may apply to the Board for review of its earlier decision.

    (2) Where the applicant does not wish to apply to the Board for review, he may appeal to the Minister against the decision of the Board.

    (3) On receipt of the appeal, the Minister shall, within two months from the date of receiving the appeal consider and make determination of the appeal.

    (4) In determining the appeal the Minister may–

    (a)    uphold, quash or vary the decision of the Board;

    (b)    require the Board to revise or review its decision;

    (c)    require the Board to inquire into specific information from the appellant and make further consideration of the application.

17.    Certificate of registration

    (1) The Registrar shall upon registration of a Non-Governmental Organisation issue a certificate of registration.

    (2) The Certificate of registration shall contain–

    (a)    the name and address of the Non-Governmental Organisation;

    (b)    the area of operation of the Non-Governmental Organisation; and

    (c)    such terms and conditions in respect of which a certificate is issued.

18.    Effect of registration

    A certificate of registration shall be a conclusive evidence of the authority to operate as specified in the constitution or in the certificate of registration.

19.    Permits

    Where the Board has approved the registration of a Non-Governmental Organisation whose employees are not citizens of the United Republic it shall make recommendation to the Civil Service Department which shall further forward its opinion to Director of Immigration Services for the issuance of working permit in accordance with the provisions of the Immigration Act, 1995.

20.    Suspension or cancellation of certificate

    (1) Subject to section 21, the Board may suspend or cancel a certificate of registration if it is satisfied that–

    (a)    the terms or conditions prescribed in the certificate have been violated;

    (b)    the Non-Governmental Organisation has ceased to exist; certificate;

    (c)    the Non-Governmental Organisation operates in variance to its constitution; or

    (d)    the Council has submitted, to the satisfaction of the Board, recommendation for its suspension or cancellation.

    (2) Where the certificate of registration has been suspended or cancelled the Board shall direct the Registrar–

    (a)    to notify the relevant Non-Governmental Organisation; or

    (b)    to order such Non-Governmental Organisation to stop its operations; or

    (c)    to remove the name of such Non-Governmental Organisation from the register.

21.    Procedure for suspension or cancellation

    (1) Where the holder of a certificate is in default of the terms and conditions in respect of which a certificate was issued or is in violation of section 20, the Registrar may serve on the holder a default notice in writing specifying the nature of the default.

    (2) Upon receipt of the default notice, the holder shall make representation in writing to the Registrar regarding remedy or rectification of the default.

    (3) Where the holder has failed to remedy or rectify the default within time specified in the default notice or has not made a representation satisfactory to the Registrar, the Registrar shall submit to the Board recommendation for suspension or cancellation of a certificate.

    (4) If the Board is satisfied that a holder of a certificate is in default as provided for in subsection (1), it shall direct the Registrar to suspend or cancel the certificate.

    (5) A holder whose certificate has been suspended or cancelled may apply to the Board for review of the decision to suspend or cancel the certificate if he is dissatisfied by the reasons for such suspension or cancellation.

    (6) A holder of a certificate who is dissatisfied by the decision of the Board to suspend or cancel a certificate may appeal to the Minister.

PART IV
LEVELS OF REGISTRATION (ss 22-24)

22.    Appointment of public officers

    (1) The Registrar shall, for the purpose of facilitating registration at the regional and district levels, appoint for each region or each district, a public officer from amongst public officers within the region or district.

    (2) Subject to subsection (3) of section 23, a public officer appointed under subsection (1) shall on behalf of the Registrar–

    (a)    register Non-Governmental Organisations within the region or district for which he is appointed; and

    (b)    issue certificates of registration or, as the case may be, certificates of compliance.

23.    Registration of NGO's at various levels

    (1) Where a Non-Governmental Organisation is intended to operate within a certain district the application for its registration shall only be submitted to the public officer for that district.

    (2) Where a Non-Governmental Organisations is intended to operate in the whole region the application for its registration shall be submitted to the public officer appointed for the region.

    (3) A Non-Governmental Organisation whose scope of operation covers more than one region and an International Non-Governmental Organisation shall be registrable at the national level by the Registrar.

    (4) Where the public officer has registered a Non-Governmental Organisation, he shall make a report to that effect and submit it to the Registrar.

    (5) The Minister shall by regulations prescribe the procedure to be applied by public officers in the registration of Non-Governmental Organisations.

24.    Board may require proof of existence

    (1) Where the Board has reason to suspect that a Non-Governmental Organisation has ceased to exist, it may issue a notice in writing to the office bearers of that Non-Governmental Organisation or publish a notice in a newspaper widely circulating in Mainland Tanzania, requiring it to submit to the Board within a period of thirty days, proof of its existence.

    (2) Where the Non-Governmental Organisation fails to submit to the Board proof of its existence, the Board may direct the Registrar to cancel the certificate of its registration and remove its name from the register.

PART V
ACCOUNTABILITY AND SELF REGULATION OF NON-GOVERNMENTAL ORGANISATIONS (ss 25-34)

25.    Establishment of the Council

    (1) There shall be established an umbrella organisation for Non-Governmental Organisations to be known as the National Council for Non-Governmental Organisations.

    (2) The Council shall be a collective forum of Non-Governmental Organisations for the Purposes of co-ordination and networking of all Non-Governmental Organisations operating in Mainland Tanzania.

    (3) The Council shall be composed of thirty members as may be appointed by Non-Governmental Organisations to represent their respective interests.

    (4) No person, body of persons or a Non-Governmental Organisation shall, after the establishment of the Council, perform or claim to perform anything which the Council is empowered or required to do under this Act.

26.    Annual meeting of the Council

    (1) The Council shall convene annually for the purpose of co-ordination and networking of all Non-Governmental Organisations.

    (2) The Council shall at its first annual meeting appoint the office bearers and promulgate rules of procedure for efficient administration and co-ordination of the activities of Non-Governmental Organisations.

    (3) The office bearers of the Council shall hold office for a period of three years, and may be eligible for re-appointment for only another one term.

27.    Code of conduct

    (1) The Council shall develop and cause to be adopted a code of conduct and such other regulations which shall facilitate self-regulation conduct of Non-Governmental Organisations.

    (2) The code of conduct shall be adopted by a resolution at an annual meeting of the Council.

28. Duties of the Board regarding code of conduct

    (1) The Board shall have the duty to ensure that the code of conduct, regulations and rules developed by the Council are consistent with the national policy for Non-Governmental Organisations and the laws of the land.

    (2) The Board shall cause the code of conduct and regulations or rules developed by the Council to be published in the Gazette.

29.    Activities and financial reports

    (1) Each Non-Governmental Organisation shall for every calendar year–

    (a)    prepare a report of its activities which shall be made available to the Public, the Council, the Board and other stakeholders;

    (b)    prepare an annual audited report and submit copies thereof to the Council and the Board.

30.    Governing documents

    (1) The constitution and other documents submitted by founder members to the Registrar at the time of making application for registration or any subsequent constitution and documents submitted to the Registrar shall be the governing documents in respect of such Non-Governmental Organisation.

    (2) No Non-Governmental Organisation shall operate or perform its functions contrary to its governing documents.

31. General conduct

    Each Non-Governmental Organisation shall have the duty–

    (a)    to respect the laws governing its operations;

    (b)    to respect the culture and traditions of the people and communities in which it operates unless such culture and traditions are contrary to any other written law;

    (c)    in the case of an International Non-Governmental Organisation–

        (i)    to foster and promote the capacities and abilities of other Non-Governmental Organisations;

        (ii)    to participate in activities of the Council; and

        (iii)    to refrain from doing any act which is likely to cause competition or misunderstanding among Non-Governmental Organisations.

32. Fund raising activities

    Non-Governmental Organisation registered under this Act shall be entitled to engage in legally acceptable fund raising activities.

33.    Notification of change of particulars of Non-Governmental Organisation

    (1) Any change in the constitution, name or name of office bearers by a Non-Governmental Organisation shall be notified to the Registrar in writing.

    (2) A notice to the Registrar shall be accompanied by–

    (a)    a copy of resolution certified by office bearers stating that the resolution complies with its governing documents; and

    (b)    a copy of the certificate of registration.

    (3) The Registrar shall after receiving notification–

    (a)    enter into the register all changes as submitted in the notification;

    (b)    where necessary, issue a new certificate of registration; and

    (c)    remove from the register particulars of the Non-Governmental Organisation as may be necessary.

    (4) Where the Registrar has made changes in the Register in respect of the particulars of a Non-Governmental Organisation, he shall inform the Board.

34.    Inspection of documents

    (1) Members of the public shall have right of access to and inspect any documents of any Non-Governmental Organisation at the office of the Registrar.

    (2) The Minister shall prescribe the circumstances and the manner in which the public shall exercise the right of access to and inspect such documents.

PART VI
OFFENCES AND PENALTIES (ss 35-36)

35.    Offences and penalties

    (1) Any person who–

    (a)    forges or, utters any document for the purposes of procuring registration;

    (b)    makes false statements in respect of an application for registration;

    (c)    conducts fund raising activities contrary to this Act;

    (d)    operates a Non-Governmental Organisation without obtaining registration under this Act; or

    (e)    violates the code of conduct, or contravene any regulation or rules made under this Act,

commits an offence and shall on conviction be liable to a fine not exceeding five hundred thousands shillings or to imprisonment for a term not exceeding one year or to both such fine and imprisonment.

    (2) A person convicted of an offence under this section shall be disqualified from holding office in any Non-Governmental Organisation operating in Mainland Tanzania for a period not exceeding five years.

    (3) Notwithstanding subsection (1), a person who contravenes the provisions of this Act may, in lieu of the institution of the criminal charges against him pursuant to this Act, be proceeded against under the provisions of the Penal Code *.

36.    Liability of office bearers of NGO

    (1) For the purposes of section 35, where an offence has been committed under this Act by a Non-Governmental Organisation, any of the office bearers of such Non-Governmental Organisation shall be liable to be proceeded against and be punished accordingly, unless any of such office bearer proves to the satisfaction of the Court that he had no knowledge, and could not, by the exercise of reasonable diligence, have had knowledge, of the commission of the offence.

    (2) Without prejudice to subsection (1), where a Non-Governmental Organisations and, or any of its office bearer has committed an offence, the court may order that such Non-Governmental Organisation and, or any of its office bearer to pay a fine not exceeding fifty thousand shillings for every day during which the commission of the offence continues.

PART VII
MISCELLANEOUS PROVISIONS (ss 37-38)

37.    Publication of Non-Governmental Organisations

    (1) The Registrar shall publish annually in newspapers widely circulating in Mainland Tanzania the names of–

    (a)    all Non-Governmental Organisations which have been registered;

    (b)    all Non-Governmental Organisations whose names have been cancelled; and

    (c)    all Non-Governmental Organisations which have been deregistered.

38.    Power of Minister to make regulations

    (1) The Minister may on consultation with the Board make regulations for the better carrying out of the provisions of this Act,

    (2) Without prejudice to the generality of subsection (1) the Minister may make regulations prescribing–

    (a)    various forms to be used in this Act;

    (b)    fees payable under this Act;

    (c)    the format of the reports of activities to be submitted by the Non-Governmental Organisation; and

    (d)    any matter which needs to be prescribed under this Act.

    (3) Regulations made by the Minister shall be published in the Gazette.

SCHEDULE
APPOINTMENT, COMPOSITION AND PROCEDURE OF THE BOARD

(Section 7(2))

1.    Composition of Board

    (1) The Board shall consist of—

    (a)    a Chairman who shall be appointed by the President upon recommendation of the Minister;

    (b)    four members appointed by the Minister on the recommendation of the Council representing the diversified areas of Non-Governmental Organisations' interest in the Board; and

    (c)    five members, appointed by the Minister by virtue of their knowledge or experience in development and welfare management representing the Government.

    (2) The Board may co-opt such number of persons to represent any interest as the Board may determine.

2.    Vice-Chairman

    The members shall elect One amongst their number to be Vice-Chairman of the Board, and any member elected as Vice-Chairman, may subject to his continuing to be a member, hold office for a term of three years from the date of his election.

3.    Tenure of office of members

    (1) The members of the Board shall hold office for a period of three years and shall be eligible for re-appointment for a further period of three years.

    (2) A member of the Board may at any time resign his office by giving notice in writing addressed to the Minister, and from the date specified in the notice or, if no date is so specified, from the date of the receipt of the notice by the Minister, he shall cease to be a member.

    (3) In the case of a member who is a member by virtue of his holding some other office, he shall cease to be a member upon his ceasing to hold that office.

4.    Proxy representation

    If a member of the Board who is a member by virtue of his holding some other office is unable for any reason to attend any meeting of the Board, he may nominate another person from his organisation to attend the meeting in his place.

5.    Casual vacancy

    Where any member ceases to be a member for any reason before the expiration of his term of office, the appointing authority may appoint another person in his place and the person so appointed shall hold office for the remainder of the term of office of his predecessor.

6.    Meetings of the Board

    (1) The Board shall ordinarily meet for the transaction of its business at the time and at the place determined by it, but shall meet at least once in every three months.

    (2) The Chairman, or in his absence the Vice-Chairman, shall preside at every meeting of the Board and in the absence of both the Chairman and the Vice-Chairman the members present shall appoint one of their number to preside over the meeting.

    (3) The Chairman, or in his absence the Vice-Chairman, may at any time call special meeting of the Board, shall call a special meeting upon a written request by a majority of the members in office.

    (4) The Chairman, or in his absence the Vice-Chairman, may invite any person who is not a member to participate in the deliberations at any meeting of the Board, but any person so invited shall not be entitled to vote.

7.    Quorum

    The quorum at any meeting of the Board shall be half of the members and at least two members from Non-Governmental Organisations.

8.    Decisions of the Board

    (1) Matters proposed at a meeting of the Board shall be decided by a majority of the votes of the members present and voting and in the event of any equality of votes the person presiding shall have a second casting vote in addition to his original or deliberative vote.

    (2) A decision may be made by the Board without a meeting by a circulation of the relevant papers amongst the members and the expression of the views of the majority of the members in writing be honoured but any member may require that the decision be deferred and the subject matter be considered at a meeting of the Board.

9.    Minutes of meetings

    (1) The Board shall cause to be recorded and kept minutes of all business conducted or transacted at its meetings, and the minutes of each meeting of the Board shall be read and confirmed, or amended and confirmed, at the next meeting of the Board and signed by the person presiding at the meeting.

    (2) Any minutes purporting to be signed by the person presiding at a meeting of the Board shall, in the absence of proof of error, be deemed to be a correct record of the meeting whose minutes they purport to be.

10.    Vacancies etc. not to invalidate proceedings

    The validity of any act or proceeding of the Board shall not be affected by any vacancy among its member or by any defect proceedings in the appointment of any of them.

11.    Orders, directions, etc. of Board

    All orders, directions, notices or other documents made or issued or behalf of the Board shall be signed by–

    (a)    the Chairman or Vice-Chairman of the Board, as the case may be; or

    (b)    the Registrar.

12.    Proof of the documents

    Any document purporting to be under the hand of the Chairman, Vice-Chairman or the Registrar as to any resolution of the Board or as having been issued on behalf of the Board, shall be receivable in all courts or tribunals or other bodies authorised to receive evidence and shall, unless the contrary is shown, be deemed, without further proof, to be sufficient evidence of what is contained in the document.

13.    Seal of the Board

    The seal of the Board shall not be affixed to any instrument except in the presence of the Chairman or the Vice-Chairman or the Registrar.

14.    Remuneration of members of the Board

    A member of the Board shall be entitled to such remuneration, fees or allowances for expenses as the Minister may, upon recommendations of the Board prescribe from time to time.

15.    Board may regulate proceedings

    Subject to the provisions of this Schedule, the Board may regulate its own proceedings.

{/mprestriction}