CHAPTER 82
VOCATIONAL EDUCATION AND TRAINING ACT

[SUBSIDIARY LEGISLATION]

INDEX TO SUBSIDIARY LEGISLATION

    ORDERS

        The Training Scheme for Motor Vehicle Mechanics Order

        The Training Scheme (Trade Testing) Order (1987)

        The Training Scheme (Trade Testing) Order (1990)

        The Vocational Education and Training Levy (Exemption) Order

        The Vocational Education and Training Authority (Vesting of Existing Centres) Order

    REGULATIONS

        The Inspection of Registered Vocational Education and Training Centres Regulations

        The Registration of Vocational Training Schools and Centres Regulations

        The National Vocational Training Board (Constitution and Proceedings of the Board) Regulations

        The Contracts of Apprenticeship and Indentured Learnership (In-Plant Training) Regulations

        The Vocational Education and Training Board Regulations

        The Vocational Education and Training Fund Regulations

        The Vocational Education and Training Levy Regulations

ORDERS

THE TRAINING SCHEME FOR MOTOR VEHICLE MECHANICS ORDER

1 G.N. No. 134 of 1981

    1. This Order may be cited as the Training Scheme for Motor Vehicle Mechanics Order.

    2. The Training Scheme for Motor Vehicle Mechanics shall be as provided in the Schedule to this Order.

SCHEDULE
TRAINING SCHEME FOR MOTOR VEHICLE MECHANICS

1.    Title

    The scheme shall be called the National Training Scheme for Motor Vehicle Mechanics.

2.    Application

    The scheme will apply to all categories of Motor Vehicle Craft Training and the Director of Vocational Training, appointed under section 3 of the Vocational Training Act, will be responsible for the operation of the scheme.

3.    Classification Code

    (a)    National Title: Motor Vehicle Mechanics.

    (b)    International Title: Automobile Mechanics.

    (c)    International Code: 8-43.20.

4.    Trade Definition

    Examines and locates defects, repairs, services and overhauls the mechanical and related equipment of passenger and delivery of vans, trucks and other motor vehicles. May carry out minor repairs on electrical systems and bodies.

5.    Possible Scope of Activity

    Engaged in repairing and servicing of automobiles, buses, trucks and other automotive vehicles in a repair, maintenance or assembly workshop.

6.    Main Tools and Equipment Used

    (a)    Tools

    Assorted spanners, box and socket sets, screw drivers, feelergauges, pliers, depth gauges, sheers, soldering irons, hammers cold chisels, assorted files, taps and dies, scrappers, twist drills, reamers, punches, rule, vernier callipers, pullers, micrometers, dial indicators, wrenches, hacksaws, valve lifters.

    (b)    Equipment

    Screw or hydraulic jacks and hoists, tripod stands, benches and vices, portable drilling machines, hydraulic presses, air compressors, valve, grinding machines, bench and/or pillar drills, bench grinders, engine stands, portable floor cranes, testers and sand blasters for sparking plugs, compression testers, con-rod aligners, front wheel alignment sets, tyre repair sets, reverting machines, battery servicing sets, voltmeter, ammeter, gas welding sets.

SCHEME "A"
FORMAL TRAINING

7.    Entrance Qualifications

8.    Suitability

    Candidates must be capable of clambering about and crawling under vehicles and their manipulative ability must not be seriously impaired. Eye sight must be normal, with or without glasses. Good colour vision is necessary. Deafness in any degree is regarded as a handicap. Epileptics and persons subject to fits are generally unsuitable and freedom from skin complaints is necessary.

9.    Duration of Training

    The total period of training is four years. The first stage of this period will be spent full time in a vocational training centre approved by the National Vocational Training Board. Such a centre could be either on an employer's premises or normal education institution. The Motor Vehicle training committee will determine the length of full-time basic training.

    The remaining portion of the total period of training will be spent on the job, when apprentices will be assigned to selected skilled workers. During this period, they will be released for continued part-time theoretical instruction at an appropriate Vocational Training Centre. Training courses during the four years will be based on syllabus prepared by the motor vehicle trade training committee and approved by the council.

10.    Basic Training

    Basic training will consist of practical and related theoretical training offered at an approved Vocational Training Centre consisting of 40 weeks and 1200 hours of instruction of which 70% will be fraction training and 30% related theoretical instruction. Training will be imparted according to skills, knowledge and operations approved by the motor vehicle trade training committee, based on current job standards.

11.    Proficiency Testing

    At the end of the basic training trainees shall undergo a proficiency test consisting of practical and related theory which will ascertain if the trainee has reached the required standard by being able to–

    (a)    select and use the basic tools and equipment in a correct and safe manner;

    (b)    identify and select the correct materials for a particular use including the fabrication of simple components such as exhaust brackets;

    (c)    undertake routine maintenance, servicing, simple repairs and adjustments according to specified time and workmanship in the following–

        -    petrol engines including the fuel and ignition systems;

        -    suspension systems and brakes;

        -    tyres and steering assemblies;

        -    clutches, gearboxes and prop-shafts;

        -    final drives.

    Successful trainees will be awarded the intern certificate of basic training.

12.    Placement for Apprenticeship

    Successful trainees will subsequently be placed for apprenticeship training. Employers of undertakings must satisfy the Director of Vocational Training that their establishment offer reasonable facilities for proper training of apprentices in the motor vehicle trade according to the provisions of this training scheme.

13.    Contract of Apprenticeship

    The obligations of employers and motor vehicle apprentices are specified in the "Apprenticeship contracts" issued by the National Vocational Training Board. Before commencing apprenticeship training, a contract of apprenticeship will be entered into by every apprentice and his employer. The contract will be prepared in triplicate, each one copy to be retained by apprentice, the employer and the Director of Vocational Training.

14.    Period of Apprenticeship

    The period of apprenticeship will be three years or lesser period as will be determined by the M.V. training committee and will consist of 4800 hours of on-the-job-training which will be imparted according to the job training guide shown as a schedule to this scheme.

15.    Progress Reports

    Employers will submit to the Director of Vocational Training individual progress reports for each apprentice in every six months according to the requirements of the job training guide shown in this scheme. The report will be made on form NVTD/6.

16.    Conduct of Practical Training

    Employers will be responsible for the proper and efficient professional supervision of apprentices and their training. For this purpose the employer shall appoint a qualified person in the motor vehicle trade from amongst his employees who will be responsible for supervising the day to day work of Motor Vehicle apprentices, in matters concerning their trade. Practical training provided will be according to the training scheme shown in the schedule of this regulation.

17.    Inspection of Apprenticeship Training

    Inspectors appointed by the Minister under section 23 of the Vocational Training Act, will visit and inspect training of motor vehicle apprentices in undertakings according to the provisions of section 24(1-2) of the Act. Inspection reports will be made on form NVTD/7.

18.    Records of Apprenticeship Training

    Employers will keep records of renumeration to and of the time worked by every apprentice together with the particulars prescribed below–

    (a)    Name and age of the apprentice;

    (b)    Educational and Training background;

    (c)    Name of the apprentice supervisor and his/her qualifications and experience;

    (d)    Training log-book and attendance records;

    (e)    Date of commencement of on-the-job training.

19.    Certification

    A Certificate of apprenticeship will be awarded to the apprentice on successful completion of his on-the-job training according to the provisions of section 18(1-4) of the Vocational Training Act. The Certificate will be issued on the prescribed form NVTD/10.

SCHEME "B"
NON-FORMAL TRAINING

20.    Basic Training:

    There will be no full-time basic training for those following this scheme. The whole of their practical training will be provided on the premises of under-takings, using actual jobs of commercial value for instruction and practice purposes.

21.    Period of Training

    The period of training for scheme 'B' of the Motor Vehicle Mechanics trade will be four years and will consist of 6400 hours of on-the-job training and 720 hours of part-time related theoretical instruction at an approved Vocational Training Centre. The 6400 hours of on-the-job Training will be imparted according to the Job-Training guide shown as a Schedule to this scheme.

22.    Employment

    No person can employ trainees under this scheme without having first obtained the written permission of the Director of Vocational Training. Applications to employ trainees in the Motor Vehicle Trade will be made on Form NVTP/4 and approval will specify the maximum number to be employed at any one time.

23.    Contract of on-the-job Training

    The obligations of employers and Motor Vehicle apprentices serving under Scheme 'B' are specified in the contract of on-the-job training and before commencing training the contract in the form set out under FORM NVTP/5, will be entered into by every trainee and his employer. The contract will be prepared in triplicate, each one copy to be retained by the learner, the employer and the Director of Vocational Training.

24.    Qualification for Entry

    Applicants for entry to scheme 'B' will be required to have obtained, as a minimum, a Primary school leaving certificate, attained the age of 16 years and show proof of medical fitness. Employers may take advantage of the selection tests, conducted by the Director of Vocational Training.

25.    Certification

    A certification will be awarded to the learner on the successful completion of the four year contract.

THE TRAINING SCHEME (TRADE TESTING) ORDER (1987)

1 G.N. No. 61 of 1987

1.    Citation

    This Order may be cited as the Training Scheme (Trade Testing) Order.

2.    Application

    This order shall apply to apprentices and indentured learners and other skilled persons in any trade or occupation prescribed in the First Schedule.

3.    Interpretation

    In these orders, unless the context requires otherwise–

    "Act" means the Vocational Education Training Act *;

    "approved occupation" means a specified trade or occupation;

    "certified skilled workers" means a person technically qualified and who has successfully passed and awarded a certificate of Trade Test Grade I;

    "Director" means the Director appointed under section 3 of the Act and includes any officer appointed by the Director to be responsible for the successful operation of the trade testing scheme;

    "foreign trade test certificate" means any certificate not awarded by the Director under the Act;

    "specified trade or occupation" means and trade or occupation prescribed in the First Schedule and includes any other trade or occupation accepted by the Director on application being made to him under Order 10(4);

    "trade test" means an examination to test knowledge and skill acquired by the trainee or any person in a specified trade or occupation.

4.    Duties of the Director

    The Director shall be responsible for the successful operation of the testing scheme.

5.    Levels of trade tests

    (1) There shall be three grades of trade tests, the lowest being Grade III, intermediate is Grade II and Grade I is the highest.

    (2) The Director, in consultation with the relevant training committee and the Board may revise the grades to meet national and international trade testing standards.

6.    Eligibility for trade tests

    (1) Candidates of any age may enter for the trade examinations.

    (2) All candidates shall start from the lowest grade to the highest.

    (3) Applicants for intermediate and advanced stages (Grades II and I) will only be accepted if they produce to the nearest Labour Officer or the Principal of the National Vocational Training Centre photocopies of result slips or certificates as evidence that they have passed the appropriate examinations in previous grades of the City and Guilds of London or any other recognised examinations. Applicants who have sat and passed these examinations conducted by the National Vocational Training Division need only mention their previous Index Numbers, date and year they sat for the examinations.

    (4) Every candidate shall present a certified information, that he is employed or working in the relevant trade or occupation.

    (5) Every candidate shall certify one of the following conditions–

    (a)    to have undergone the relevant formal one year basic training at an approved Vocational Training Centre followed by one year in-plant training and has satisfactorily undertaken the prescribed related instruction course;

    (b)    to have undergone two years of on-the-job training and has satisfactorily undertaken the prescribed related instruction course;

    (c)    to have completed two years full-time training at a National Vocational Training Centre, trade school or other institutions approved by the Director;

    (d)    to have had a minimum of two years work experience in the trade or occupation plus satisfactory completion of a relevant related instruction course. Candidates under this category should also have completed primary education or the necessary Adult Education;

    (e)    notwithstanding the provisions of suborder (3), candidates for the next grade of test shall have passed the preceding stage and obtained proof or work experience for a minimum of one year or satisfactorily attended instruction courses of the relevant related trade or occupation not less than a year from the date he passed the lower grade. At the discretion of the Director, a candidate may be allowed to sit for a higher grade.

7.    Date of examinations

    (1) Trade tests shall be conducted once a year from September to October at all Centres or at any time to be determined by the Director at the Centres to be specified. The examination may continue at any Centre according to the availability of time and facilities.

    (2) Each applicant who has been accepted to appear for the trade examination will be informed by the Director well in advance the detailed arrangements for the examination.

    (3) Any applicant who has submitted his entry form but has not received information on the examination two weeks before it is due to be held should get in touch with the Labour Officer or the Principal of the National Vocational Training Centre through which his application form was sent to the Director.

8.    Trade Examination Centres

    (1) Trade Examination Centres shall be approved and published by the Director through Labour Offices, National Vocational Training Centres, and at least once in one of the local newspapers.

    (2) Once an entry is accepted, no change of examination centre can be made without prior consent of the Director.

9.    Fees for testing

    (1) A fee per sitting Grade to be announced by the Director shall be paid by the Applicant to the nearest Labour Officer or the Principal of the National Vocational Training Centre at the time of application.

    (2) The fee once paid can under no circumstances be refunded or transferred.

10.    Mode of application

    (1) Candidates for trade tests shall apply to the nearest Labour Officer or the Principal of the National Vocational Training Centre not later than 30th April of each calendar year.

    (2) The application shall be in the form, and shall contain the particulars, as set out in Form NVTD/4 of the Second Schedule.

    (3) The prescribed form shall be accompanied–

    (a)    three recent passport size photographs of the candidate; and

    (b)    a declaration or a certificate that the candidate undertook related instruction course; and

    (c)    a duplicate copy of the receipt for the trade testing fee.

    (4) When a trade or occupation is not specified, the person to be tested or his employer shall first apply to the Director.

11.    Central Trade Testing Unit

    (1) There shall be established the Central Trade Testing Unit under control and direction of the Director.

    (2) The Unit shall be responsible for–

    (a)    the formulation of operation procedures for trade testing;

    (b)    the preparation for theory and practical tests;

    (c)    the technical guidance relating to the execution of trade testing;

    (d)    the conduct of studies in the development of trade testing;

    (e)    publishing of trade testing activities and results;

    (f)    making proposals to the Director on matters relating to the conduct of the tests based on their experience;

    (g)    deciding whether a candidate being tested has attained the standard of proficiency prescribed in the National Testing Standards;

    (h)    satisfying itself that the applicants for trade tests have met the necessary pre-requisites of a trade or occupation;

    (i)    making all the preparations necessary for the smooth and efficient conduct of theory and practical tests including the ordering of materials in advance and the organisation of examination sites.

12.    Trade test examiners

    (1) The Director shall be responsible for authorisation of testing officers for the category of trade or occupation to be tested and for all matters concerning the organisation of trade testing and its efficient administration.

    (2) Notwithstanding the provisions of Order 13(1), the Director shall appoint certified skilled workers with a minimum of three years working experience in a specialised skill and knowledge in the relevant trade or occupation to be trade test examiners.

13.    Accountability

    (1) The whole confidentiality and reliability of the trade test rests on those who are responsible for its different operations in the entire system.

    (2) The Director may provide incentive payments on the trade testing papers, moderation, invigilation and marking. The rates of payment shall in each case be determined by Director and shall be subject to review.

    (3) For the avoidance of doubts it is declared that the minimum incentive payments shall be–

    (a)    test setting per paper is four hundred shillings for Grade III, five hundred shillings for Grade II, and six hundred shillings for Grade I;

    (b)    moderation per paper is three hundred shillings for Grade III, four hundred shillings for Grade II, and five hundred shillings for Grade I;

    (c)    invigilation is one hundred and fifty shillings per hour for all Grades;

    (d)    marking paper of each candidate is six hundred shillings for Grade III, eight hundred shillings for Grade II and one thousand shillings for Grade I.

14.    Test setting

    (1) The Director shall appoint suitable persons to act as setters and moderators of written and practical examinations in Kiswahili for Grades III and II and in English for Grade I.

    (2) Examination format shall be determined by the Central Trade Testing unit and approved by the relevant training committee.

    (3) Papers will cover the whole syllabus in technology, applied calculations, technical drawing and science.

    (4) Arrangements for facilities and other details for the smooth test construction shall be made by the Central Trade Testing unit.

15.    Notice to Candidates

    Each candidate shall take note of the following–

    (1)    Each written paper and each practical or oral test which he is required to take is part of an examination counting towards the award of a certificate.

    (2)    A candidate is required to appear for the examination at the Centres under which he is registered, unless otherwise advised by the Director, and shall produce a letter or any document of authority from the director allowing him to sit for the particular examination at the prescribed Centre, failing which no permission will be given to enter the examination room or site.

    (3)    A candidate is required to observe all instructions given to him by examiners, invigilators or officers responsible for the conduct of examinations.

    (4)    If a candidate arrives more than half an hour late for the examination, he will not be admitted.

    (5)    After the first half-hour, he may leave as soon as he has finished his paper. He may leave the room or site temporarily at any time after the first half-hour but only with the permission of the invigilator.

    (6)    A candidate may bring to the examination site or into the examination room only books, papers or instruments which are specifically permitted. If he is suspected of cheating, or attempting to cheat, or of assisting someone else to cheat, the fact will be reported to the Central Trade Testing unit, and he may in consequence be disqualified from the examination and excluded from all future examinations. Any notes or other unauthorised material may be retained by the Central Trade Testing unit at its discretion.

    (7)    Communication by verbal or other means between candidates is not allowed during the examination. If any candidate wishes to communicate with the invigilator he should raise his hand to attract attention.

    (8)    Each candidate shall write his examination number correctly on every answer sheet paper used. Using anybody's else's examination number is considered as a case of dishonesty that shall lead to the cancellation of examination results. Names, initials or any other mark that would distinguish one candidate from another should never be written on answer books or sheets of paper.

    (9)    Candidate shall write all answers in the language required unless instructed otherwise.

    (10)    No candidate shall be allowed to smoke in the examination room or to take alcohol at the examination site.

    (11)    Candidate shall take nothing, unless instructed otherwise, from examination room or site and shall not damage any paper or material supplied to him.

16.    Irregularities

    (1) A candidate who is involved in any irregularities or misconduct in connection with the trade test shall be disqualified.

    (2) The Central Trade Testing Unit reserves the right to disqualify candidates in the whole Centre if the examiners are satisfied that the irregularities were of such an extent as to undermine the integrity of the trade test.

    (3) The decision of the Director on the trade test results shall be final and conclusive in the event of any appeal.

17.    Duties and powers of invigilators

    The invigilators shall be–

    (a)    be responsible for the proper conduct of the trade tests and shall, at the end of the tests, sign a declaration that the procedures and regulations have been complied with according to these orders;

    (b)    shall report all cases of irregularities or misconduct to the Central Trade Testing Unit and may discontinue the test of any candidate of such irregularities or misconduct.

18.    Marking of scripts

    (1)    Marking of scripts shall be done at Centres approved by the Director and a certified skilled worker or any suitable officer of the Directorate shall be appointed to act as Chairman.

    (2)    markers will check the marking scheme to ascertain the accuracy and incorrect answers in the marking scheme which shall be brought to the attention of the Chairman.

    (3)    the Chairman shall check sample in order to ascertain that the marking scheme is being followed, standardisation is maintained and the general ability of the markers.

    (4)    when the marking is completed, the scripts shall be sorted out to give a numerical order, and the results shall be carefully transferred to the mark sheet.

    (5)    a distribution sheet showing the number of candidates obtaining each particular mark shall then be made.

    (6)    the scripts, mark sheet and the distribution sheet shall then be returned, by the Chairman, to the Director.

    (7)    a report shall be made out by the markers and sent to the Chairman, who in turn shall compile a comprehensive report for the whole exercise.

The report shall include information on candidates work in the examination and will be submitted to the Director together with any suggestions for future improvements.

19.    Evaluation of Practical Tests

    Practical tests shall be undertaken at the approved testing Centres as follows–

    (a)    the duration of practical tests shall be determined by the setters and approved by the relevant training committee;

    (b)    the proposals for practical tests of varying grades shall be prepared by the Central Trade Testing Unit and shall be sent in advance to the Regional Trade Testing Centres to enable the preparation of materials and sites;

    (c)    evaluation of tests shall be made on the spot by the Trade Test examiner in the form containing particulars as set out in Form NVTD/5 of the Third Schedule;

    (d)    at the end of the tests, the Central Trade Test Unit shall collect evaluation sheets and a meeting of the examiners and invigilators shall be convened to discuss the conduct of the tests in general and a detailed report to the Director shall be compiled outlining the experience of the examiners and the invigilators in general and any proposals they might wish to make to the Director.

20.    Final assessment

    (1) The Central Trade Test Unit shall compile a list of candidates with recommendations showing who have satisfied the examiners in terms of their performance in both practical and written tests.

    (2) The Director shall determine those who qualify for the award of the National Trade Test Certificates according to the norms of final assessment.

21.    Publication of results

    (1) The Director shall publish trade test results by posting a list of successful candidates on the Notice Boards of all Labour Offices, National Vocational Training Centres, District Commissioners, Trade Union District Secretaries and all major undertakings sponsoring candidates in the tests.

    (2) No separate communication shall be undertaken by the Central Trade Testing Unit or any officer of the Directorate to notify individual candidates.

22.    Award of Certificates

    (1) On successful completion of an authorised trade test, a certificate shall be awarded by the Director and a duplicate section of the certificates shall be retained by the Director for record purposes.

    (2) The certificate shall be on crested paper and shall contain the following particulars–

    (a)    Name of holder;

    (b)    Number of the certificate;

    (c)    Registration number of the candidate;

    (d)    Signature of holder with his photograph;

    (e)    Trade or occupation and Grade of Test;

    (f)    Date of issue;

    (g)    Place of issue;

    (h)    Signature of the Head of the Central Trade Testing Unit;

    (i)    Signature of the Director.

23.    Re-testing

    (1) A candidate who fails a trade test shall not be eligible to apply for further test in the category in which he had previously failed until he has undergone the relevant and related instruction course before re-testing.

    (2) In the event of a candidate failing the test for the second time, the Director may refuse him permission to re-take the test.

24.    Evaluation of foreign certificates

    (1) All foreign trade test certificates shall be evaluated on application being made to the Director.

    (2) The Director shall appoint suitable members to form an evaluation committee whose function shall be to evaluate foreign certificates and recommend the appropriate grade to which the applicant should be placed.

    (3) The evaluation committee may require all or any of such candidates to appear for a trade test before making any recommendation.

25.    Offences

    (1) Any person who knowingly and without authority possesses a trade test certificate which he is not entitled or defaces or alters a certificate or document under these Orders shall be liable to a fine not exceeding ten thousand shillings or to imprisonment for three years or to both.

    (2) Any person who contravenes any of the provisions of these orders commits an offence and on conviction is liable to a fine not exceeding ten thousand shillings or to imprisonment for three years or to both.

FIRST SCHEDULE
SPECIFIED TRADES OR OCCUPATIONS

(Order 2)

SECOND SCHEDULE
FOMU NVTD/4
FOMU YA MAOMBI YA MAJARIBIO YA FUNDI

(Imetolewa chini ya Kanuni ya 10(2) ya Kanuni za Majaribio ya Ufundi Stadi).

JEDWALI LA PILI

SHERIA YA MAFUNZO NA MAJARIBIO YA UFUNDI

(SURA YA 82)

C.    (1) ELIMU YA KAWAIDA

(2)    Mafunzo ya Ufundi:

(3)    Mafunzo ya Ufundi Kiwandani:

D.    Maelezo mafupi ya kazi yako:

THIRD SCHEDULE
STANDARD MARKING SHEET FOR PRACTICAL TEST

THE VOCATIONAL EDUCATION AND TRAINING ACT

(CAP. 82)

(Order 19(C) of Training Scheme)

(Trade Testing) Order

THE TRAINING SCHEME (TRADE TESTING) ORDER (1990)

[29th June, 1990]

G.N. No. 175 of 1990

    1. This Order may be cited as the Training Scheme (Trade Testing) Order and shall be read together with G.N. No. 61 of 1987.

    2. The fees for the Trade Tests shall be as follows–

SCHEDULE

THE VOCATIONAL EDUCATION AND TRAINING LEVY (EXEMPTION) ORDER

[23rd December 1994]

G.N. No. 615 of 1994

    1. This Order may be cited as the Vocational Education and Training Levy (Exemption) Order.

    2. The category of employers specified in the Schedule to this Order are exempted from payment of Vocational Education and Training Levy.

SCHEDULE

    1.    Diplomatic Missions.

    2.    The United Nations and all its organisations.

    3.    International and other foreign institutions dealing with aid or technical assistance.

    4.    Training and educational institutions.

    5.    Institutions of religion whose employees are solely employed to administer places of worship, to give religious instructions or generally to minister religion.

    6.    Charitable Organisations.

    7.    A Local Government Authority

THE VOCATIONAL EDUCATION AND TRAINING AUTHORITY (VESTING OF EXISTING CENTRES) ORDER

[23rd December 1994]

G.N. No. 616 of 1994

    1. This Order may be cited as the Vocational Education and Training Authority (Vesting of Existing Centres) Order.

    2. The Vocational Education and Training Centres specified in the Schedule to this Order shall with effect from the 1st day of January, 1995 and without further assurance, vest in the Vocational Education and Training Authority.

SCHEDULE

    1.    National Vocational Education and Training Centre, Dar es Salaam.

    2.    National Vocational Education and Teachers' Training College, Morogoro.

    3.    National Vocational Education and Training Centre, Tanga.

    4.    National Vocational Education and Training Centre, Moshi.

    5.    National Vocational Education and Training Centre, Kihonda.

    6.    National Vocational Education and Training Centre, Mwanza.

    7.    National Vocational Education and Training Centre, Shinyanga.

    8.    National Vocational Education and Training Centre, Dodoma.

    9.    National Vocational Education and Training Centre, Iringa.

    10.    National Vocational Education and Training Centre, Mbeya.

    11.    National Vocational Education and Training Centre, Songea.

    12.    National Vocational Education and Training Centre, Singida.

    13.    National Vocational Education and Training Centre, Mara.

    14.    National Vocational Education and Training Centre, Ulyankulu.

    15.    National Vocational Education and Training Centre, Lindi.

    16.    National Vocational Education and Training Centre, Mpanda.

    17.    National Vocational Education and Training Centre, Kigoma.

    18.    National Vocational Education and Training Centre, Kagera.

    19.    National Vocational Education and Training Centre, Dakawa.

    20.    National Vocational Education and Training Centre, Mtwara.

    21.    National Vocational Education and Training Centre, Arusha.

    22.    National Vocational Education and Training Division Headquarters, Dar es Salaam.

REGULATIONS

THE INSPECTION OF REGISTERED VOCATIONAL EDUCATION AND TRAINING CENTRES REGULATIONS

1 G.N. No. 131 of 1981

1.    Citation

    These Regulations may be cited as the Inspection of Registered Vocational Education Training Centres Regulations.

2.    Interpretation

    In these Regulations, unless the context otherwise requires–

    "inspector" means an inspector appointed by the Minister under the provisions of the Vocational Education and Training Act *.

3.    Inspector to inspect vocational training centres

    An inspector may inspect a vocational training centre at least once a year and he will advise on training facilities and will appraise instructional staff. The inspector will make his report on form NVTP/2(a and b).

4.    Power of inspector

    An inspector may at all reasonable times enter any premises of a vocational training institution, trade school or home craft training centre for the purpose of inspection and may require any Principal or Craft instructor to produce any work, document or other articles and to furnish to him any information relating to the administration or instructional activities in the vocational training institution, trade school or home craft training centre, as the case may be.

5.    Direction of remedial measures

    (1) If, after inspection, it appears to the inspector that the training offered in any vocational institution, trade school or home craft training centre is not properly or efficiently being conducted he may, by notice in writing to the principal of the vocational institution, trade school or home craft centre as the case may be, give such direction as he may deem necessary in the circumstances and the principal shall comply with such directions.

    (2) The Director may specify the period during which any direction given under this regulation shall be complied with.

6.    Regular progress

    (1) At the end of every academic year the principal of a vocational training centre, trade school or home craft centre shall prepare and send to the Director a progress report specifying–

    (a)    the name and address of the institution;

    (b)    the name and address of the administering authority;

    (c)    the percentage of trainees' attendance and drop outs;

    (d)    vacancies of instructional posts and the reasons for not filling them;

    (e)    description of tools and equipment that have not been procured;

    (f)    unserviceable equipment and existing maintenance procedures;

    (g)    availability of training materials;

    (h)    general suggestions and comments for the improvement of training;

    (i)    names of students completing their training and where they have been placed for work.

    (2) The progress report shall be made on form NVTP/3.

THE REGISTRATION OF VOCATIONAL TRAINING SCHOOLS AND CENTRES REGULATIONS

G.N. No. 132 of 1981

1.    Citation

    These Regulations may be cited as the Registration of Vocational Training Schools and Centres Regulations.

2.    Interpretation

    In these Regulations, unless the context otherwise requires–

    "vocational training" means training given in an approved institution aimed at imparting skills and knowledge in a skilled trade or occupation.

3.    Registration of institutions for vocational training

    No institution or agency offering vocational training shall operate unless that institution or agency is registered in accordance with these Regulations.

4.    Procedure for registration

    (1) An application for registration of an institution or agency offering vocational training shall be made to the Director by completing form NVTP/1 and, the application should specify–

    (a)    the objective of the vocational training programme and its relation to the national requirements;

    (b)    the location of the centre for the training;

    (c)    method of finance;

    (d)    the capacity of the training institute for each course offered and the duration of the course;

    (e)    the date of commencement of the institute;

    (f)    the terms and conditions for the admission of students.

5.    Standard requirements

    Every applicant shall be required to comply with the minimum standard requirements as regards–

    (a)    the qualifications, experience and duties of the instructional staff;

    (b)    the physical standards, educational qualifications and age limits for admission to courses;

    (c)    the methods for testing and selection procedure;

    (d)    the syllabi for the course;

    (e)    the tools and equipment requirements;

    (f)    the recommended floor space for different training workshops;

    (g)    the recommended list of text books.

6.    Preliminary registration

    If the Director is satisfied that the applicant meets the standard requirements, he shall within three months of application give a preliminary approval for registration of the vocational training programme.

7.    Final registration, fees and registration certificates

    (1) Upon preliminary registration, the Director shall appoint authorised inspectors who will inspect the premises of the institute which has been registered in accordance with the provisions of regulation 6 and shall confirm if training facilities conform to the standard requirement for the approved programme.

    (2) If after inspection the inspectors appointed under this regulation confirm that the facilities for training conform to the standard requirements, the Director shall register the institute, otherwise he shall cancel the preliminary registration.

    (3) Upon final registration, the Director shall issue to the owner of the school or centre a certificate in the form prescribed in the Schedule to these Regulations.

    (4) The owner of the school or centre shall pay to the Government–

    (a)    the registration certificate preparation charges that may be determined by the Minister on the recommendation of the Director; and

    (b)    the full fee before the registration certificate is issued.

8.    Change of programme

    No change of programme shall be made after the programme has been registered unless the change has been communicated to the Director and the Director has given his approval.

9.    Closure of registered vocational training centres

    The Minister may close a registered vocational training programme by notice in the Gazette–

    (a)    on the request of the authority administering the programme;

    (b)    on recommendation following an inspection made by an appointed inspector.

SCHEDULE

JAMHURI YA MUUNGANO WA TANZANIA

WIZARA YA KAZI NA USTAWI WA JAMII

CHETI CHA USAJILI WA SHULE/VYUO VYA UFUNDI STADI

Issued under Regulation 7(3) of the Registration of Vocational Training School and Centres Regulations

THE NATIONAL VOCATIONAL TRAINING BOARD (CONSTITUTION AND PROCEEDINGS OF THE BOARD) REGULATIONS

G.N. No. 133 of 1981

1.    Citation

    These Regulations may be cited as the National Vocational Training Board (Constitution and Proceedings of the Board) Regulations.

2.    Constitution of Board

    The Board shall consist of–

    (a)    Chairman, who shall be appointed by the Minister;

    (b)    the Director, who shall be the Secretary;

    (c)    not less than sixteen or more than twenty-four other members, who shall be appointed by the Minister from amongst persons nominated one each by–

        (i)    Jumuiya ya Wafanyakazi;

        (ii)    A.T.E.;

        (iii)    The Faculty of Engineering, University of Dar es Salaam;

        (iv)    Jumuiya ya Wazazi Tanzania;

        (v)    Ministry of Manpower Development;

        (vi)    Ministry of Education;

        (vii)    Ministry of Industry;

        (viii)    Ministry of Planning and Development, Zanzibar;

        (ix)    Ministry of Communication and Transport;

        (x)    Ministry of responsible for Economic Planning;

        (xi)    Ministry of Finance;

        (xii)    Ministry of Labour and Social Welfare;

        (xiii)    Ministry of Works;

        (xiv)    Ministry of Water and Energy;

        (xv)    Ministry of Agriculture;

        (xvi)    Christian Council of Tanzania;

        (xvii)    Small Industries Development Organisation;

        (xviii)    Muslim Council of Tanzania (BAKWATA);

        (xix)    Tanzania Episcopal Conference.

3.    Vice-Chairman

    The members shall elect one of their number to be the Vice-Chairman who shall, subject to his continuing to be a member, hold office for a term of one year from the date of his election and shall be eligible for re-election.

4.    Time of appointment

    (1) A member of the Board shall hold office for three years from the date of his appointment, unless his appointment is sooner revoked, and shall be eligible for re-appointment.

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

    (3) The appointing authority may at any time revoke an appointment made by him and any member appointed may at any time resign his office by notice in writing to the appointing authority.

5.    Casual vacancies

    If any vacancy occurs in the membership of the Board by reason of the death, resignation or permanent incapacity of any member or otherwise, the appointing authority may appoint another person to fill that vacancy, and the person so appointed shall hold office for the unexpired residue period of office of the member in whose place he is appointed.

6.    Variation of the composition of the Board

    The Minister may, on the advice of the Board, by Order published in the Gazette vary the composition of the Board.

7.    Meetings and proceedings of the Board

    (1) The Board shall ordinarily meet for the transaction of its business at times and places determined by it, but shall meet at least once in every period of twelve months.

    (2) The Secretary of the Board shall give each member adequate notice of the time and place of every meeting and shall keep the record of the proceedings of every meeting of the Board.

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

    (4) The Chairman or, with his consent, the Secretary, 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.

8.    Quorum

    (1) The quorum at any meeting of the Board shall be one half of the total members of the Board and, where there is an uneven number of members, shall be the whole next number above half.

    (2) Subject to the provisions of subparagraph (1) the Board may act, notwithstanding absence of any member.

9.    Decision of the Board

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

    (2) Notwithstanding subparagraph (1), a decision may be made by the Board without a meeting by circulation of the relevant papers among the members, and the expression in writing of the views of the majority of members.

10.    The Board to confirm minutes of its meetings

    (1) The Board shall cause to be recorded and kept minutes of 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 signed, or purporting to have been signed, by the person presiding at the meeting of the Board shall, in absence, of proof or error, be deemed to be correct record of the meeting whose minutes they support.

11.    Vacancies etc. not to invalidate proceedings

    No act or proceeding of the Board shall be invalid by reason only of any vacancy among its members or defect in the appointment of any of them.

12.    Board may regulate own proceedings

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

THE CONTRACTS OF APPRENTICESHIP AND INDENTURED LEARNERSHIP (IN-PLANT TRAINING) REGULATIONS

G.N. No. 822 of 1987

1.    Citation

    These Regulations may be cited as the Contracts of Apprenticeship and Indentured Learnership (In-Plant Training) Regulations.

2.    Interpretation

    In these Regulations unless the context otherwise requires–

    "Act" means the Vocational Training Act *;

    "apprentice" means a person who had undergone previous basic vocational or training in a specified trade or occupation and is subsequently bound by a written contract to serve an employer for a determined period with the view to acquire knowledge, including theory and practical, of a trade or occupation in which the employer is reciprocally bound to instruct that person for a period of not less than four years or such lesser period as the Board may determine;

    "apprenticeship" means any training that is provided on the premises of an industrial or commercial undertaking and in which the trainee is in an employment situation based on a contract between an employer and an apprentice and which has been arranged at an ordinary work place and uses actual jobs of commercial value for instruction and practice purposes;

    "basic vocational training" means a full-time training for a period of one year or more in a Vocational or Technical Institution or any other approved Institution of Technical Training in the specified trades or occupations including induction of trainees, acquisition of basic skills and initial development of special skills;

    "Board" means the Vocational Training Board established by section 5 of the Act;

    "contract" means a contract of apprenticeship or indentured leadership between the employer and an apprentice or indentured learner;

    "Directive" means the Directive given by the Government regards compulsory workers education at the place of work;

    "Director" means the Director of Vocational Education and Training appointed under section 10 of this Act;

    "factory" has the meaning assigned to that expression in the Factories Act *;

    "formal vocational training" means the hierarchically structured chronologically graded educational system running from compulsory primary school education to basic vocational training apprenticeship, technical college leading to the University;

    "indentured trainee" has the meaning assigned to that expression in this Act;

    "in-formal vocational training" means any organised educational activity outside the established formal vocational training system whether operating separately or as an important feature for some broader activity that is intended to serve identifiable clienteles and learning objectives;

    "in-plant training" means practical knowledge or skill obtained by an apprentice or indentured trainee at the place of employment in specified trade or occupation;

    "Principal" means the Principal of the Vocational Training Centre or School and includes the Instructor at the place of work, the Headmaster or Headmistress of the Technical Secondary School, the Principal of the Technical College or any other similar training institution or establishment.

3.    Application

    (1) These Regulations shall apply to every employer and apprentice and indentured trainee in an industrial undertaking or factory–

    (a)    to which the Directive applies; and

    (b)    which is engaged in specified trade or occupation in accordance with the Training Scheme (Trade Testing) Order *.

    (2) These Regulations shall be read as one with Part III of the Act.

4.    Registration of apprentices and indentured trainees

    (1) No employer shall employ an apprentice or an indentured trainee without being registered.

    (2) Every employer of an apprentice or indentured trainee shall–

    (a)    within 30 days of such employment; and

    (b)    in the prescribed Form,

apply to the Director.

5.    Contract of apprenticeship

    A contract of apprenticeship or indentured learnership shall be entered into by every employer and apprentice or indentured learner and the same shall be in a prescribed form.

6.    Employer to pay wages

    The employer shall pay wages and provide other conditions of employment which are prescribed–

    (a)    in the contract; or

    (b)    in the wages regulation order; or

    (c)    in the negotiated or voluntary agreement; or

    (d)    in the Government Circulars, Standing Orders as may be issued; or

    (e)    in the directives to parastatal organisations, whichever is more favourable to the apprentice or indentured trainee and applicable to the employer.

7.    Placement of apprentices and indentured trainees

    (1) Where the Director is satisfied that an industrial undertaking or factory has reasonable opportunities and means for the proper training of a number of apprentices or indentured trainees, he may direct the employer of that industrial undertaking or factory to employ such number of apprentices or indentured trainees as may be specified in prescribed form.

    (2) The employer shall, within 14 days of such placement, sign or cause a contract of apprenticeship to be signed and registered according to the Act and these Regulations.

    (3) For the purposes of this regulation, an apprentice means and includes a student from a technical secondary school, technical college or any other institution of higher technical education.

    (4) Any employer who fails or neglects to comply with the direction under this regulation commits an offence and on conviction is liable to a fine provided for in section 29 of this Act.

8.    Period of apprenticeship and indentured trainingship

    (1) The period of apprenticeship shall not be less than three years or such lesser period as the Board may determine under subsection 2 of section 21 of the Act.

    (2) The period of indentured trainingship shall not be more than five years or such lesser period as the Board may determine.

9.    Training programme

    (1) The employer shall prepare an apprenticeship or indentured trainingship training programme for each of the specified trade or occupation.

    (2) The provisions of the Directive shall apply as shall be in force.

    (3) The training programme shall include in-plant training and related instruction courses conducted at a Regional or District Vocational Training Centre or any other training establishment approved by the Director.

    (4) The full details of the training programme shall be submitted to the Director for approval.

    (5) A copy of the training programme under this regulation shall be sent to the Director and to the Department of the Ministry concerned with workers education.

10.    In-plant training

    The employer shall ensure that the inplant training provided for the apprentice or indentured trainee shall comprise both skills and operation pertaining to the specified trade or occupation in accordance with the in-plant training programme prescribed by the respective training committee which shall form part of the scheme regulating the training of apprentices or indentured trainees in any trade or of occupation made under the Act.

11.    Supervision and control of apprentices and indentured trainees

    (1) The Employer shall be responsible for the proper and efficient professional supervision of apprentices or indentured trainees and their training.

    (2) Where the number of apprentices and indentured trainees is five or more, the Employer shall appoint a full time instructor for this purpose.

    (3) Any inspector appointed under the provisions of the Act may inspect the training programmes of an apprentice or indentured trainee to ensure compliance of the contract.

    (4) The inspector shall submit a report of inspection to the employer in accordance with a prescribed form.

12.    Duty to train instructors

    Every employer shall cause an instructor appointed by him to be trained at a Vocational Instructor Training Centre according to the training scheme made under the Act.

13.    Record of in-plant training

    (1) The apprentice or indentured trainee shall be issued with a Log Book by the Director for recording in-plant training undertaken throughout the period of apprenticeship or indentured trainingship.

    (2) The Log-Book shall contain the following particulars–

    (a)    name of apprentice or indentured trainee;

    (b)    name of employer and address;

    (c)    number of registration;

    (d)    trade;

    (e)    period of training;

    (f)    name of supervisor;

    (g)    jobs to be done in the first year, second year, etc.;

    (h)    hand tools to be used;

    (i)    equipments to be used;

    (j)    space for daily work record of operations, tools used, drawing, time taken and all other valuable information.

    (3) The employer shall ensure that the Log-Book–

    (a)    is kept up-to-date by the apprentice or indentured trainee; and

    (b)    is made available for inspection as may be required by the inspector.

14.    Related instruction of apprentice

    (1) The employer shall release an apprentice or indentured trainee to attend classes of related instruction at a registered vocational or technical training institution as may be specified by the Director in the Form of placement.

    (2) The related instruction syllabus and conditions for attendance shall be attached to the Form of placement.

15.    Related training of indentured trainees and apprentices

    (1) Notwithstanding the provisions of regulation 14 every employer shall release apprentices and indentured trainees–

    (a)    to attend every course or classes of related subjects between 3.00 p.m. and 6.00 p.m. four times a week at a vocational training institution or establishment;

    (b)    to attend classes of related subject for at least one hour at the place of work during working hours according to the Directive.

    (2) At the request of the employer, the Principal shall, with a copy to the Director, inform the employer regarding–

    (a)    weekly time-table for the apprentices or indentured trainees;

    (b)    tuition fees for evening courses;

    (c)    related subjects undertaken by the apprentice or indentured learner;

    (d)    duration and contents of the course;

    (e)    certificate or diploma to be awarded to successful candidates;

    (f)    any other relevant information.

16.    Progress report by training institutions

    At the end of each term of the course, the Principal shall submit a report on apprentices and indentured trainees to the employers with a copy to–

    (a)    the Director; and

    (b)    the file of an apprentice or indentured trainee.

17.    Personal tools

    (1) The employer shall provide the apprentice or indentured trainee with personal tools as may be prescribed in the Log-Books for the purpose of carrying out his work.

    (2) The cost of such personal tools may be recovered as a loan from the apprentice or indentured trainee by appropriate monthly instalments.

    (3) For the avoidance of doubts, where–

    (a)    an employer makes a loan to an apprentice or indentured trainee; and

    (b)    the total amount of the loan has been paid by the employer to the apprentice or indentured trainee in cash or by cheque; and

    (c)    a contract for the repayment of the loan is made and signed by or on behalf of each of the parties, the employer may deduct from the wages due to the apprentice or indentured trainee such instalments at such times as set out in the memorandum:

    Provided that where regulations are made under the Employment Act * or any other law replacing the same providing for the maximum amount of any loans or instalments or for the terms and conditions upon which such loans may be paid or recovered, no loan or instalments may be recovered in excess of such maximum amounts or such loan or instalments may be recovered upon terms more onerous to the apprentice or indentured trainee than those provided for in such regulations.

18.    Loss of or damage to property

    (1) Where an apprentice or indentured trainee admits that any tool, material or other thing which is the property of his employer has been lost or damaged by reason of his own default or neglect, the employer may, with the consent of the Director deduct from the wages due to such apprentice or indentured trainee–

    (a)    where such tools, material or thing is lost, a sum equal to the value thereof or a sum equivalent to one day's pay whichever is the lesser; and

    (b)    where such tool, material or thing is damaged, sum equal to the amount whereby the value has decreased by reason of such damage or a sum equivalent to one day's pay whichever is the lesser.

    (2) Where an employer makes a deduction under the provision of this regulation he shall–

    (a)    issue a receipt to the apprentice or indentured trainee; and

    (b)    make a record which shall contain the name and description of the apprentice or indentured trainee, his rate of pay, the sum deducted and the reasons for such deduction.

19.    Responsibility of apprentice or indentured trainee

    (1) The apprentice or indentured trainee shall attend related instruction as the Principal of the training institution or the instructor at the place of work may direct.

    (2) Where the apprentice or indentured trainee absents himself without reasonable cause–

    (a)    for two consecutive days; or

    (b)    for a period of 25 percent of the total number of days required for attendance in a year,

the Principal or instructor shall inform the Director and the contract of apprenticeship or indentured trainingship shall be deemed to have been terminated at once.

20.    Transfer of apprentices and indentured trainees prohibited

    (1) No apprentice and no indentured trainee may be transferred from one employer to another except with the approval of the Director after consultation with the employers.

    (2) The Director shall not grant approval under this regulation unless the transfer is absolutely necessary for the satisfactory continuity and completion of the contract.

21.    Change of trade or occupation

    No change in the originally allotted trade or occupation of an apprentice or indentured trainee may be made except–

    (a)    with the prior approval of the Director; and

    (b)    after consultation with the employer; and

    (c)    in the opinion of the Director, the change is necessitated by the apprentices or indentured trainee's aptitude, health, progress in training or for any other reason considered genuine.

22.    Trade testing of apprentice

    The apprentice shall, during the period of apprenticeship, undertake–

    (a)    Trade-Test Grade III at the end of first year; and

    (b)    Trade-Test Grade II at the end of the second year; and

    (c)    Trade-Test Grade I at the end of the third year:

    Provided that the test shall be conducted in accordance with the Training Scheme (Trade Testing) Order made under section 20 of the Act *.

23.    Trade Testing of indentured trainees

    The indentured trainee shall undertake–

    (a)    Trade-Test Grade III at the end of the second year; and

    (b)    Trade-Test Grade II at the end of the third year; and

    (c)    Trade-Test Grade I at the end of the fourth year:

    Provided that the tests shall be conducted in accordance with the Training Scheme (Trade Testing) Order made under section 20 of the Act.

24.    Certification

    The employer shall issue a Certificate of Apprenticeship or Indentured Traineeship on the satisfactory completion of the contract of apprenticeship or indentured learnership as the case may be and shall cause such certificate to be endorsed by the Director.

25.    Forms

    The Forms prescribed in the Schedule to these Regulations shall be used with such variations as the circumstances require, for the matters and in the cases for which they are prescribed.

26.    Appeal provision

    (1) Where any question, difference or dispute arises between the apprentice or the indentured trainee and the employer as to rights and liabilities under these Regulations, the Director shall give a decision.

    (2) Any person aggrieved by the decision of the Director may appeal to the Board or Committee appointed by the Board for such purpose whose decision shall be final and conclusive.

    (3) A certificate purporting to be under the hand of the Secretary of the Board or Committee starting the decision of the Board or Committee shall be admissible in evidence without further proof and shall be conclusive evidence of such decision.

27.    Penalty

    Any person who contravenes any of the provision of these Regulations commits an offence and on conviction is liable to a penalty provided in section 27 of this Act.

28.    Civil and criminal proceedings

    (1) The Director may–

    (a)    at the request of either party to the contract; or

    (b)    on his own motion,

institute proceedings in respect of any contravention of any of the provisions of these Regulations.

    (2) The Director or any other person duly authorised by him in writing in that behalf, may appear and plead to the court under this Regulation.

SCHEDULE

FORM NVTD/7
PLACEMENT OF APPRENTICES/AND INDENTURED TRAINEES

THE UNITED REPUBLIC OF TANZANIA

THE VOCATIONAL EDUCATION AND TRAINING ACT

FORM NVTD/8
APPLICATION FOR EMPLOYMENT OF APPRENTICES AND INDENTURED TRAINEES

THE UNITED REPUBLIC OF TANZANIA

THE VOCATIONAL EDUCATION AND TRAINING ACT (CAP. 82)

(Regulations 4)

FORM NVTD/9
CONTRACT OF APPRENTICESHIP

THE UNITED REPUBLIC OF TANZANIA

VOCATIONAL EDUCATION AND TRAINING ACT (CAP. 82)

FORM NVTD/10
CONTRACT OF INDENTURED TRAINEESHIP

THE UNITED REPUBLIC OF TANZANIA

THE VOCATIONAL EDUCATION AND TRAINING ACT (CAP. 82)

FORM NVTD/11
REGISTRATION

THE UNITED REPUBLIC OF TANZANIA

THE VOCATIONAL EDUCATION AND TRAINING ACT (CAP. 82)

(Regulation 4)

FORM NVTD/12
MONTHLY ATTENDANCE REPORT

THE UNITED REPUBLIC OF TANZANIA

THE VOCATIONAL EDUCATION AND TRAINING ACT (CAP. 82)

FORM NVTD/13
IN-PLANT TRAINING OF APPRENTICES AND INDENTURED TRAINEES

THE UNITED REPUBLIC OF TANZANIA

THE VOCATIONAL EDUCATION AND TRAINING ACT (CAP. 82)

* KEY TO MARKING

FORM NVTD/14
SUPERVISION OF APPRENTICES AND INDENTURED TRAINEES

THE UNITED REPUBLIC OF TANZANIA

THE VOCATIONAL EDUCATION AND TRAINING ACT (CAP. 82)

FOMU NVTD/15
MAOMBI YA MASOMO YA JIONI

JAMHURI YA MUUNGANO WA TANZANIA

SHERIA YA MAFUNZO NA MAJARIBIO YA UFUNDI (SURA YA 82)

FORM NVTD/16
RELATED INSTRUCTION FOR APPRENTICES AND INDENTURED TRAINEES

THE UNITED REPUBLIC OF TANZANIA

THE VOCATIONAL EDUCATION AND TRAINING ACT (CAP. 82)

FORM NVTD/17
TRANSFER OF APPRENTICE/INDENTURED LEARNER

THE UNITED REPUBLIC OF TANZANIA

THE VOCATIONAL EDUCATION AND TRAINING ACT (CAP. 82)

FORM NVTD/18
TERMINATION

THE UNITED REPUBLIC OF TANZANIA

THE VOCATIONAL EDUCATION AND TRAINING ACT (CAP. 82)

FORM NVTD/19
COMPLETION OF CONTRACT

THE UNITED REPUBLIC OF TANZANIA

THE VOCATIONAL EDUCATION AND TRAINING ACT (CAP. 82)

FORM NVTD/20
CERTIFICATE OF INDENTURED TRAININGSHIP

THE UNITED REPUBLIC OF TANZANIA

THE VOCATIONAL EDUCATION AND TRAINING ACT (CAP. 82)

FORM NVTD/21
CERTIFICATE OF APPRENTICESHIP

UNITED REPUBLIC OF TANZANIA

THE VOCATIONAL EDUCATION AND TRAINING ACT (CAP. 82)

FORM NVTD/22
PART-TIME INSTRUCTORS/VOCATIONAL INSTRUCTOR APPLICATION

THE UNITED REPUBLIC OF TANZANIA

THE VOCATIONAL EDUCATION AND TRAINING ACT (CAP. 82)

EDUCATION:

JOB TRAINING:

FORM NVTD/23
INSTRUCTION ALLOWANCE CLAIM FORM

THE UNITED REPUBLIC OF TANZANIA

THE VOCATIONAL EDUCATION AND TRAINING ACT (CAP. 82)

THE VOCATIONAL EDUCATION AND TRAINING BOARD REGULATIONS

[23rd December 1994]

G.N. No. 617 of 1994

1.    Citation

    These Regulations may be cited as the Vocational Education and Training Board Regulations.

2.    Assistant to the Secretary of Board

    The Board may appoint a suitable employee of the Authority to assist the Director-General in the carrying out of his duties as Secretary to the Board.

3.    Functions of the Secretary

    (1) The Secretary shall after consultations with the chairman circulate to the members of the Board a notice of each meeting of the Board.

    (2) The Notice shall be accompanied by the agenda together with any documents relating to the matters to be discussed at that meeting.

4.    Invitations to meetings of the Board

    (1) The Board may invite to its meeting such persons as it may consider necessary or capable of assisting in its deliberations.

    (2) Persons invited to attend the meeting of the Board may take part in the deliberations but shall not have the right to vote or otherwise participate in the making of the decisions to recommendations of the Board.

5.    Minutes to be kept and confirmed

    (1) The Secretary shall maintain a record of the minutes in all the meetings of the Board.

    (2) The minutes of every meeting of the Board shall be read and confirmed at the beginning of the following meeting and the confirmation shall be signified by the signatures of the Chairman of the meeting and the Secretary.

6.    Manner of issuing and publication of regulations etc.

    All regulations, guidelines or directives to be issued by the Board shall be in writing and under the hand of the Chairman and shall be published in such manner as the Board may consider, adequate to being the same to the notice of those concerned.

7.    Board to regulate its own meetings

    Subject to the provisions of the Vocational Education and Training Act *, and of the Regulations, the board may regulate its own business.

8.    Regulations to apply to Regional Boards

    These Regulations shall apply mutatis mutandis to Regional Vocational Education and Training Boards.

THE VOCATIONAL EDUCATION AND TRAINING FUND REGULATIONS

G.N. No. 618 of 1994

PART I
PRELIMINARY PROVISIONS (regs 1-2)

    1. These Regulations may be cited as the Vocational Education and Training Fund Regulations.

    2. In these Regulations, unless the context requires otherwise–

    "Act" means the Vocational Education and Training Act *;

    "Board" means the Vocational Education and Training Board established under section 5 of the Act;

    "expenditure unit" means the Headquarters of the Authority, the Regional Boards, the Vocational training and service centres, vocational teacher training centres and vocational training centres;

    "financial year" means the calendar year;

    "Fund" means the Vocational Education and Training Fund established under section 22 of the Act;

    "training" includes basic training, trade tests, evening classes and short courses.

PART II
APPLICATION OF AND CONTROL OF FUNDS (regs 3-6)

    3. (1) Subject to the provisions of the Act, the Board may authorise expenditure of moneys from the Fund in order to meet the following expenses–

    (a)    the salaries and allowances of employees of the Authority;

    (b)    the cost of instruction materials, books, manuals and training equipments;

    (c)    the cost of workshop or laboratory machinery; equipment and fixtures necessary for undertaking training or in vocational training centres;

    (d)    development and recurrent costs for the establishment and running of vocational training centres including vocational teacher training centres;

    (e)    grants for the support of vocational training activities undertaken by bodies other than the Authority;

    (f)    the cost of any other activity which in the opinion of the Board, is necessary in order to give effect to the provisions of the Act;

    (g)    the cost research and development.

    (2) The Board shall approve an annual budget for the Authority which shall incorporate the budgets for the Regional Boards, the vocational training centres, vocational training service centres and vocational teacher training centres. The Board may determine the format and style in which the annual budget shall be prepared and may issue budget manuals to the effect.

    (3) The Board may consider and approve a supplementary budget in any financial year if the Board is satisfied that the funds budgeted for that financial year are insufficient to meet the intended expenses.

    (4) The Director, assisted by a Director of Finance and such other staff as may be employed for that purpose, shall be responsible for the proper utilisation of all moneys from the Fund.

    (5) In discharging his functions under regulation 3(4) the Director shall ensure that–

    (a)    all resources of the Fund are properly accounted for;

    (b)    any income due to the Fund is properly collected;

    (c)    expenditure units do not spend any moneys in excess of the amount authorised in their budgets;

    (d)    all financial regulations, instructions, directive and procedures are complied with.

    4. No funds may not be allocated to a private vocational training institution if–

    (a)    a formal application in such format as the Board shall approve has not been submitted to the Board indicating the purposes for which the funds are required together with a write-up indicating in detail the justification for the expenditure;

    (b)    the Board is satisfied that the applicant can obtain funds from other sources;

    (c)    it is shown to the satisfaction of the Board that the applicant has no ability to utilise the funds for the purpose applied for and make a proper accounting;

    (d)    the applicant's admission practices discriminate prospective students on the basis of religion, tribe, race or place of origin;

    (e)    a period of three years has not lapsed since the applicant was last allocated funds by the Board.

    5. The Board may, set additional criteria for allocation of funds to private vocational training centres and training providers.

    6.(1) The Board shall establish procedures for accounting for and auditing of all moneys budgeted every year and may specify the manner in which accounts shall be kept.

    (2) The Board may order special audits to be carried out by external auditors in order to verify whether any funds budgeted were properly accounted for by any expenditure unit.

    (3) There shall be submitted to the Board in such manner and at such intervals as the Board may specify financial statements and reports showing the income and expenditure of every expenditure of the Authority.

    (4) It shall be the duty of the Board to ensure that all financial reporting and auditing by the expenditure units is carried out in accordance with generally accepted accounting and auditing standards and practices.

    7. (1) The Board may authorise the establishment of Bank Accounts by any expenditure unit and may appoint persons to be signatories to such accounts.

    (2) All Bank Accounts established under regulation 6(1) shall be operated in such manner as the Board may specify in financial manuals to be issued by the Board.

    (3) All moneys belonging to the expenditure units shall only be deposited in bank accounts established under the authority of the Board. Such moneys shall include income generated by the expenditure units.

PART III
INVESTMENT OF FUND MONEYS AND CONTINGENCY PROVISIONS (regs 8-9)

    8. (1) Where at the end of any financial year the Fund has surplus moneys which will not be used for the purposes specified in regulation 3(11), the Board may authorise the moneys to be invested in any of the investments specified under the provisions of the Trustee Investment Act *.

    (2) All interests accruing from invested funds shall form part of the resources of the Fund and may be utilised by the Board for the purposes of carrying out the objectives of the Act.

    9. (1) The Board may establish a Contingency Account to hold funds for the purposes of meeting unforeseen expenditure of the Authority.

    (2) The amount of funds to be held in Contingency Account shall be determined by the Board in each financial year.

    (3) The Board shall determine the nature of unforeseen expenditure for which funds in the Contingency Account may be utilised.

PART IV
DELEGATION OF POWERS (reg 10)

    10. The Board may delegate any of its functions under these Regulations to the Director or any Regional Board.

THE VOCATIONAL EDUCATION AND TRAINING LEVY REGULATIONS

(Section 19)

[23rd December 1994]

G.N. No. 619 of 1994

PART I
PRELIMINARY PROVISIONS (regs 1-2)

1.    Short title

    These Regulations may be cited as the Vocational Education and Training Levy Regulations.

2.    Interpretation

    In these Regulations unless the context requires otherwise:

    "the Act" means the Vocational Education and Training Act *;

    "the agent" means the agency appointed under regulation 3 to collect levy;

    "Board" means the Vocational Education and Training Board established under the Act;

    "Director" means the Director-General of Vocational Education and Training Authority appointed under the Act;

    "employer" means any person or body of persons resident in the United Republic employing four or more employees whether on permanent or temporary basis;

    "gross monthly emoluments" means the monthly salary, allowances and other payments payable regularly on monthly basis to any employee before deductions of any tax or charges.

PART II
THE LEVY COLLECTION AGENT (regs 3-4)

3.    Appointment and Powers of the Agent

    (1) The National Provident Fund established by the National Provident Fund Act * is hereby appointed the agency for the collection of levy.

    (2) For the purposes of these Regulations, the agent may carry out all the functions and exercise all the powers conferred upon the Director General of the Vocational Education and Training Authority in relation to the collection of levy.

4.    Responsibility of the Agent

    (1) The Board may enter into an agreement with the agent setting out the terms and conditions of collecting levy under these Regulations.

    (2) Subject to any general or specific terms of any agreement made between the Vocational Education and Training Authority and the agent, the agent shall be responsible to the Board for the proper collection and transmission of the levy to the Vocational Education and Training Fund in accordance with these Regulations.

PART III
REGISTRATION OF EMPLOYERS (regs 5-6)

5.    Director to maintain register of employers

    (1) The Director shall cause a register to be maintained of all the employers liable to pay levy.

    (2) The register shall contain–

    (a)    the name and address of the employer;

    (b)    the registration number allotted to each employer; and

    (c)    such other particulars as the Director may deem necessary.

6.    Obligations of the employer to register

    (1) Every employer liable to pay levy shall–

    (a)    register with the Director or the agent;

    (b)    supply to the Director or the agent the particulars of registration specified under regulation 5;

    (c)    notify the Director or the agent of any changes in the particulars supplied pursuant to this regulation.

    (2) The submission of the particulars for registration or the notification of changes in the particulars shall be made in the manner prescribed in form VTLF 1 of the Schedule to these Regulations.

PART IV
PAYMENT OF LEVY (regs 7-10)

7.    Payment of levy

    (1) The levy may be paid–

    (a)    in cash if paid directly to any office of the agent designed by the agent for that purpose;

    (b)    by delivering to the agent a money order, postal order or cheque drawn on any bank in the United Republic payable to the authority;

    (c)    in such other manner as the Director after consultations with the agent authorise in writing in any particular case or category of cases.

    (2) An official receipt of the Board shall be issued on payment of levy.

8.    Employers to submit return of levy

    Every employer shall submit to the Authority through the agent for every month returns of payment of levy in the manner prescribed in form VTLF 2 of the Schedule to these Regulations.

9.    Inspection of records and returns

    The Director or any employee of the Authority authorised by the Director in writing or the agent may during normal working hours enter the premises or any other place of employment maintained by any employer for the purpose of collecting levy and may inspect any records maintained by the employer for the purpose of verifying the levy payable or the accuracy of any particulars or returns required to be submitted by the employer under these Regulations.

10.    Levy paid in error

    Where the Director is satisfied that the levy paid by any employer exceeds, or is less than, the levy payable, he shall–

    (a)    where the amount exceeds the levy payable, inform the employer in writing and shall deduct the amount in excess from the levy payable the following month;

    (b)    where the amount paid is less than the levy payable, demand from the employer the difference and take any measures necessary for its recovery.

PART V
MISCELLANEOUS PROVISIONS (regs 11-13)

11.    Dispute on ascertainment of emoluments

    (1) Where there is any doubt or dispute as to the emoluments upon which levy is payable or as to the number of employees whose emoluments are chargeable to levy the Director shall determine the matter and the levy payable.

    (2) Where any employer is dissatisfied with any determination by the Director under this Regulation that employer may appeal to the Minister within twenty-one days from the date of such determination:

    Provided that the employer shall not be entitled to appeal unless the levy determined by the Director has first been paid.

    (3) The Minister may confirm, vary or reverse any determination made by the Director under this Regulation.

    (4) Where as the result of variation or reversal of any determination made by the Minister, the levy paid by an employer exceeds or is less than the levy determined by the Minister Regulation 9 shall apply mutatis mutandis.

12.    Exemption from levy

    (1) Any employer who has reason to seek exemption from levy may apply in writing to the Minister.

    (2) Every letter of application shall be copied to the Board and shall specify:

    (a)    the address and the registration number of the employer;

    (b)    the number of the employees;

    (c)    the total of the levy payable for all the employer;

    (d)    the period for which exemption is sought;

    (e)    the reasons for such exemption; and

    (f)    any other particulars which the Minister may require.

    (3) The Board shall within seven days from the date of receipt of the copy of an application for exemption of levy, submit to the Minister in writing, representations in support of or opposing the application.

    (4) The decision of the Minister on an application for exemption shall be final.

    (5) Every application for exemption shall be made before the levy proposed to be exempted is due.

    (6) The power conferred upon the Board under subregulation (3) of this Regulation shall be exercised by the Director whenever the Board is not meeting:

    Provided that all such applications and representations made by the Director shall be notified to the Board at the following meeting.

13.    Offences

    Any person who–

    (a)    obstructs the Director or the agent from carrying out any of the duties conferred by these regulations;

    (b)    being an employer neglects or refuses to submit or to furnish any particulars or records required by the Director or the agent; or

    (c)    knowingly gives to the Director or the agent any information which is false in some material particular; or

    (d)    for the purpose of obtaining exemption of levy, knowingly furnish to the Minister any information which is false in some material particular,

is guilty of an offence and shall be liable upon conviction to a fine of not less than ………… shillings or to imprisonment for a term not exceeding one year or to both such fine and imprisonment.

SCHEDULE

FORM VTLF 1
LEVY RETURNS/MAREJESHO YA KODI

Vocational Education and Training Levy Regulations/
Kanuni za Kodi ya Kuchangia Elimu ya Ufundi Stadi

(Regulation 8/Kanuni ya 8)

Please submit in duplicate/Wasilisha nakala mbili Tafadhali

{/mprestriction}