CHAPTER 353
EDUCATION ACT

[SUBSIDIARY LEGISLATION]

INDEX TO SUBSIDIARY LEGISLATION

   NOTICES

      The Establishment of School Committees Notice

   ORDERS

      The Public Schools (Advisory Boards) Order

      The Arusha School (Advisory Board) Order

      The Public Primary Schools (Compulsory Enrolment and Attendance) Order

      The National Education Advisory Council (Establishment, Constitution and Procedure) Order

      The Non-Government School Board (Establishment) Order

      The Grant-Aided Community School Board (Establishment) Order

      The Government School Board (Establishment) Order

   REGULATIONS

      The Education Advisory Council (Constitution) Regulations

      The Education (Non-Government) Regulations

      The Education (Miscellaneous) Regulations

      The Education (School Library Resource Centres) Regulations

      The Higher Education (Institutional Recognition, Registration and Accreditation Procedure) Regulations

      The Education (Admission to Government Schools) Regulations

      The Education (School Library Resource Centre) Regulations

      The Education (Powers and Functions of District Education Officer and Regional Education Officer) Regulations

      The Education (Classification and Nomenclature of Schools) Regulations

      The Education (Names of Teachers Suspended from the Register) Regulations

      The Education (Inspection of Schools) Regulations

      The Education (Provision for the Structure, Hygiene, Sanitation and Health Inspection of Schools) Regulations

      The Education (Duties of Education Secretary-General and Education Secretary) Regulations

      The Education (Grants-in-Aid) Regulations

      The Education (Provision of Statistics) Regulations

      The Education (Duration of School Year) Regulations

      The Education (Corporal Punishment) Regulations

      The Education (Expulsion and Exclusion of Pupils from Schools) Regulations

      The Education (Procedure and Qualifications for Appointment to Education Posts) Regulations

      The Education (Registration of Teachers) Regulations

      The Education (Control of the Use of School Premises and Entry of Persons) Regulations

      The Education (Application for Licence of Religious Schools) Regulations

      The Education (Approval of Owners and Managers and Registration of Non-Government Schools) Regulations

      The Education (Examinations in Schools) Regulations

   RULES

      The Primary School (Compulsory Enrolment and Attendance) Rules

NOTICES

THE ESTABLISHMENT OF SCHOOL COMMITTEES NOTICE

TABLE OF CONTENTS

   Regulation

Title

   1.   Citation.

   2.   Interpretation.

   3.   Composition of School Committee.

   4.   Chairman of Committee.

   5.   Tenure of office, resignations and casual vacancies.

   6.   Meetings and procedure.

   7.   Powers of School Committee.

   8.   [Revocation.]

THE ESTABLISHMENT OF SCHOOL COMMITTEES NOTICE

(Section 39(3))

G.N. No. 288 of 2002

1.   Citation

   This Notice may be cited as for the Establishment of School Committees Notice.

2.   Interpretation

   In these Regulations, unless the context requires otherwise–

   "Act" means the Education Act *;

   "District Education Officer" shall have the same meaning as ascribed to it under the Act;

   "School Committee" means a Committee established for the purposes of management and administration of pre-primary and primary schools.

3.   Composition of School Committee

   Every School Committee shall consist of the following members, namely–

   (a)   five members elected by parents from amongst parents of pupils of that school;

   (b)   two members from amongst the academic staff of the school elected by members of staff of the school;

   (c)   the Ward Councillor in which the school is situated;

   (d)   one member representing the Voluntary Organization if that school was originally established by that organization;

   (e)   patron of the school if any.

4.   Chairman of Committee

   (1) After the appointment, the Committee shall convene a meeting to elect a Chairman and a Vice-Chairman from within the Committee in accordance with qualifications prescribed by the Commissioner from time to time.

   (2) The Chairman shall preside at all meetings of the Committee.

   (3) Where the Chairman and Vice-Chairman are absent from the meeting, members of the Committee present at the meeting may elect a temporary Chairman of the meeting.

5.   Tenure of office, resignations and casual vacancies

   (1) A member of the Committee shall, unless he ceases to be a member hold office for a term of four years and at the end of that period he shall be eligible for re-election.

   (2) A member of a school committee shall cease to be a member if–

   (a)   he resigns by giving notice in writing addressed to the appointing authority;

   (b)   his appointment or election has been cancelled by the authority that appointed or elected him.

   (3) If any vacancy occurs in the membership of the Committee by reasons of death, resignation or permanent incapacity of any member or in any other way as the case may be, the appointing authority shall appoint another person to fill that vacancy and a person so elected shall hold office for the unexpired period of office of the member in whose place he is elected and shall be eligible for re-election for another term of office.

6.   Meetings and procedure

   (1) A school committee shall ordinarily meet for transaction of its business at times and at places determined by it at least four times a year and may meet as often as may be necessary for the transaction of its business.

   (2) The head teacher shall be the Secretary to the School Committee.

   (3) The Secretary shall in consultation with the Chairman convene all meetings of the Committee by notice which shall specify the agenda, place, date and time of the meeting and such notice shall be sent to each member at his usual address at least seven days before the date of the meeting.

   (4) The Secretary shall be bound to convene a special meeting of the Committee upon receipt of request in writing in that behalf by not less than six members of the Committee.

   (5) The quorum necessary for the conduct of any business of the School Committee shall be one of the total number of members of the Committee.

   (6) The School Committee may act notwithstanding any vacancy in its membership.

   (7) Where a Committee considers it desirable for the transaction of its business, it may invite any person who is not a member of the Committee to participate in its deliberations but the persons so invited shall not be eligible to vote.

   (8) The Secretary shall keep minutes of its proceedings and distribute them to its members and the District Education Officer within its area of jurisdiction.

   (9) Subject to the provisions of these Regulations, the Committee may regulate its own proceedings.

7.   Powers of School Committee

   In addition to the functions of a School Committee in accordance with section 39(4) of the Act, the School Committee shall have managerial and administrative powers in–

   (a)   ensuring that the school has adequate physical facilities including classrooms, offices, toilets, clean water supply, desks, ample land for sports and school farm activities;

   (b)   ensuring that the school compound has adequately demarcated boundaries which may include a title deed;

   (c)   ensuring the safety of the school premises and properties;

   (d)   ensuring maintenance of school buildings and furnitures;

   (e)   ensuring that parents and other community members participate fully in the development of the school;

   (f)   approving the annual school budget and uses of all school funds;

   (g)   soliciting of funds and contributions for the welfare of the school; and

   (h)   recommending to the Village Government contributions in each or in kind to be made by community members including by way of self help.

8.   Revocation

   [Revokes the Notice for the Establishment of School Committees Notice *.]

ORDERS

THE PUBLIC SCHOOLS (ADVISORY BOARDS) ORDER

TABLE OF CONTENTS

   Paragraph

Title

   1.   Citation.

   2.   Interpretation.

   3.   Establishment of Advisory Board.

   4.   Composition of Advisory Board.

   5.   Members to elect a chairman of the Board.

   6.   Tenure of office of members.

   7.   Powers of the Board.

   8.   Appointment of the Committee.

   9.   Board to regulate its proceedings.

SCHEDULE

THE PUBLIC SCHOOLS (ADVISORY BOARDS) ORDER

(Section 38)

G.N. No. 116 of 1972

1.   Citation

   This Order may be cited as the Public Schools (Advisory Boards) Order, and shall apply to every school specified in the Schedule to this Order.

2.   Interpretation

   In this Order, unless the context otherwise requires–

   "Board" means an Advisory Board established by this Order;

   "Chairman" means the Chairman of a Board, and includes the Chairman of a Committee appointed by a Board under the provisions of this Order;

   "Commissioner" means the Commissioner for Education;

   "Headmaster" includes headmistress, principal and head-teacher of any school for which a Board has been established;

   "Minister" means the Minister responsible for Education;

   "School" means a public school.

3.   Establishment of Advisory Board

   There is hereby established an Advisory Board for each school specified in the Schedule to this Order.

4.   Composition of Advisory Board

   Every Board for a school shall be composed of–

   (a)   not more than five members nominated by the Minister;

   (b)   four members nominated by the Regional Education Officer in consultation with the Regional Commissioner and with the approval of the Minister;

   (c)   three members co-opted by the nominated members with the approval of the Minister.

5.   Members to elect a chairman of the Board

   (1) Members of a Board shall elect the Chairman of the Board from among their number.

   (2) The Chairman shall preside at all meetings of the Board.

   (3) Where the Chairman is absent from a meeting the members of the Board present at the meeting may elect a temporary Chairman for that meeting only.

6.   Tenure of office of members

   (1) A member of a Board shall, unless he ceases to be a member, hold office for a term of two years and at the end of that period shall be eligible to be nominated or co-opted for another term of office.

   (2) A member of a Board shall cease to be a member if–

   (a)   he resigns by giving notice in writing addressed to the Board;

   (b)   he absents himself from all meetings of the Board during a period of one year;

   (c)   his nomination or co-option as a member is cancelled by the authority that nominated or co-opted him.

   (3) Where a vacancy occurs on any Board a new member to fill the vacancy shall be nominated or co-opted in the same manner as the member whom he is to replace was nominated or co-opted under the provisions of this Order.

   (4) Any member nominated or co-opted under the provisions of this paragraph shall hold office for the unexpired term of the members whom he replaces and at the end of that period shall be eligible to be nominated or co-opted for another term of office.

   (5) Where a member of a Board is temporarily unable to perform his functions as a member, a temporary member may be nominated or co-opted in the same manner as the member whose place he is to take was nominated or co-opted under the provisions of this Order.

   (6) A temporary member of a Board shall hold office so long as the member whose place he takes is unable to perform the functions of a member.

7.   Powers of the Board

   Every Board shall, subject to the general or specific directions of the Commissioner, have power from time to time–

   (a)   to review and make recommendations to the Commissioner in respect of the management and administration of the school for which the Board has been established;

   (b)   to discuss any questions or any matter within the scope of the educational policy in Tanzania and relating to the responsibilities of the Commissioner in respect of the school and to make recommendations to the Commissioner on any of those questions or matters;

   (c)   to advise the Headmaster on any matter pertaining to the day-to-day running of the school;

   (d)   to advise the Commissioner on any matter that may be referred to the Board by the Commissioner.

8.   Appointment of the Committee

   (1) A Board may, from time to time, appoint Committees as it may consider necessary for the proper conduct of its business and, subject to any directions given by the Commissioner in that behalf, delegate to any Committee any of its functions under this Order.

   (2) A Committee appointed under this paragraph shall be composed of such number of members of the Board, not being less than three, as the Board may determine.

   (3) The provisions of this Order relating to quorum and procedure of a Board shall apply, with necessary modifications, to proceedings of a Committee and otherwise in relation to the Committee.

   (4) A Committee shall meet as often as may be necessary for the transaction of the business it is required by the Board to do and its meetings shall be covered by the Chairman of that Committee.

   (5) Every Board and every Committee appointed by the Board under this Order shall keep minutes of its proceedings and shall distribute its minutes to its members, the Commissioner and, at the discretion of the Chairman, to the Headmaster of the school for which the Board has been established.

   (6) Every Board shall appoint a Secretary from among the members of the Board or from among the members of the staff of the school for which the Board has been established.

   (7) Where the Secretary is not a member of the Board he shall have no power to vote at any meeting of the Board.

   (8) The Secretary shall, in consultation with the Chairman convene all meetings of the Board and the notice specifying the place, date and time of the meeting shall be sent to each member at his usual address so as to reach him in good time before the date of the meeting.

   (9) In case the Chairman of the Board is incapacitated by illness, absence from Tanzania, or other sufficient cause, the Secretary may convene a meeting of the Board if he considers that it is necessary or desirable to convene a meeting for the proper conduct of the business of the Board.

   (10) The Secretary shall be bound to convene a special meeting of the Board upon receipt of a request in writing in that behalf signed by not less that three members of the Board.

   (11) At any meeting of a Board or a Committee a decision of the majority of members present and voting shall be deemed to be a decision of the Board, or as the case may be, Chairman of the meeting shall have a casting vote in addition to his deliberative vote.

   (12) A Board may act notwithstanding any vacancy on its membership.

   (13) The quorum necessary for the conduct of any business of a Board shall be one-half of the total number of the members of the Board.

   (14) Every Board shall hold at least two meetings a year and may meet as often as may be necessary for the transaction of its business.

   (15) Where a Board or a Committee considers it desirable for the transaction of its business to do so, it may invite any person who is not a member of the Board to participate in its deliberations but the person so invited shall not be entitled to vote.

9.   Board to regulate its proceedings

   Subject to the provisions of this Order a Board may regulate its own proceedings.

SCHEDULE

(Paragraph 3)

1.   Bagamoyo College of Education, Bagamoyo.

2.   Dar-es-Salaam College of Education, Dar-es-Salaam.

3.   Iringa College of Education, Iringa.

4.   Katoke College of Education, Bukoba.

5.   Korogwe College of Education, Korogwe.

6.   Butimba College of Education, Mwanza.

7.   Marangu College of Education, Moshi.

8.   Morogoro College of Education, Morogoro.

9.   Mpwapwa College of Education, Mpwapwa.

10.   Songea College of Education, Songea.

11.   Tabora College of Education, Tabora.

12.   Mandaka College of Education, Moshi.

13.   Ndala College of Education, Tabora.

14.   Sumve College of Education, Mwanza.

15.   Murutunguru College of Education, Ukerewe.

16.   Ndwika College of Education, Masasi.

17.   Ilonga College of Education, Kilosa.

18.   Kasulu College of Education, Kasulu.

19.   Mhonda College of Education, Morogoro.

20.   Monduli College of Education, Monduli.

21.   Musoma College of Education, Musoma.

22.   Singa-Chini College of Education, Moshi.

23.   Ashira Secondary School.

24.   Bihawana Secondary School.

25.   Bwiru Girls' Secondary School.

26.   Bwiru Boys Secondary School.

27.   Chidya Secondary School.

28.   Ihungo Secondary School.

29.   Ilboru Secondary School.

30.   Iringa Secondary School.

31.   Iyunga Secondary School.

32.   Kahororo Secondary School.

33.   Kantalamba Secondary School.

34.   Kibaha Secondary School.

35.   Kigonsera Secondary School.

36.   Kigoma Secondary School.

37.   Kilakala Secondary School.

38.   Korogwe Secondary School.

39.   Kwiro Secondary School.

40.   Loleza Secondary School.

41.   Lyamungu Secondary School.

42.   Machame Secondary School.

43.   Magamba Secondary School.

44.   Mlangali Secondary School.

45.   Mara Secondary School.

46.   Masasi Secondary School.

47.   Mazengo Secondary School.

48.   Milambo Secondary School.

49.   Minaki Secondary School.

50.   Mkwawa Secondary School.

51.   Moshi Secondary School.

52.   Mpwapwa Secondary School.

53.   Msalato Secondary School.

54.   Mtwara Secondary School.

55.   Musoma Secondary School.

56.   Mwenge Secondary School.

57.   Mzumbe Secondary School.

58.   Ndanda Secondary School.

59.   Nganza Secondary School.

60.   Nguvumali Secondary School.

61.   Njombe Secondary School.

62.   Nsumba Secondary School.

63.   Nyakato Secondary School.

64.   Pugu Secondary School.

65.   Rugambwa Secondary School.

66.   Rungwe Secondary School.

67.   Same Secondary School.

68.   Sengerema Secondary School.

69.   Shinyanga Secondary School.

70.   Songea Secondary School.

71.   Tabora Secondary School (Boys).

72.   Tabora Secondary School (Girls).

73.   Tanga Secondary School.

74.   Tosamaganga Secondary School.

75.   Umbwe Secondary School.

76.   Weruweru Secondary School.

77.   Arusha Secondary School.

78.   Azania Secondary School.

79.   Bukoba Secondary School.

80.   Dodoma Secondary School.

81.   Forodhani Secondary School.

82.   Jangwani Secondary School.

83.   Kazima Secondary School.

84.   Kibasila Secondary School.

85.   Kisutu Secondary School.

86.   Lindi Secondary School.

87.   Lugalo Secondary School.

88.   Mawenzi Secondary School.

89.   Mbeya Secondary School.

90.   Morogoro Secondary School.

91.   Mwanza Secondary School.

92.   Tambaza Secondary School.

93.   Usagara Secondary School.

94.   Zanaki Secondary School.

THE ARUSHA SCHOOL (ADVISORY BOARD) ORDER

TABLE OF CONTENTS

   Paragraph

Title

   1.   Citation.

   2.   Interpretation.

   3.   Establishment of Board.

   4.   Secretary of the Board.

   5.   Chairman of the Board.

   6.   Tenure of office of members.

   7.   Vacancies on the Board.

   8.   Functions of the Board.

   9.   Board may appoint Committees.

   10.   Meetings and procedure.

THE ARUSHA SCHOOL (ADVISORY BOARD) ORDER

(Sections 38 and 39)

G.N. No. 145 of 1974

1.   Citation

   This Order may be cited as the Arusha School (Advisory Board) Order.

2.   Interpretation

   (1) In this Order, unless the context otherwise requires–

   "Board" means the Advisory Board established by this Order;

   "member" in relation to the Board means a member of the Board and includes the Chairman of the Board;

   "Parents Committee" means such Committee as the Director of Education may approve as being a Committee representative of the general body of parents of the pupils of the Arusha School.

   (2) All references in this Order to "the Arusha School" or "the School" shall be construed as references to the primary school commonly known as the Arusha School situated at Arusha in the Arusha Region.

3.   Establishment of Board

   (1) There is hereby established an Advisory Board for the Arusha School.

   (2) The Board shall be composed of–

   (a)   six members appointed by the Minister from among persons nominated by the Parents Committee of whom any least three shall be members of the Parents Committee;

   (b)   not more than three members appointed by the Minister from among persons who represent such bodies or organisations as the Minister considers that their representation on the Board will further the interests of the School;

   (c)   one member nominated by the Regional Commissioner, Arusha and appointed by the Minister from among prominent persons in the Arusha Region;

   (d)   the Regional Education Officer, Arusha or his representative.

   (3) The Headmaster of the School and every other member of the staff thereof shall not be qualified for nomination or appointment as a member of the Board.

   (4) The Headmaster of the School shall attend meetings of the Board, and speak at such meetings to the extent required or permitted by the Board unless, on any particular occasion, the Board otherwise directs but the absence of the Headmaster from a meeting of the Board shall in no way invalidate its proceedings.

   (5) The names of persons nominated to be members of the Board shall be transmitted to the Minister forthwith on nomination.

   (6) Where the Parents Committee neglects or fails to make the nomination, the Minister may, on giving not less than thirty days notice in writing of his intention so to do, appoint such number of members as he would have appointed on nomination by the Parents Committee, and every member so appointed shall be deemed to have been validly appointed.

4.   Secretary of the Board

   The Board may appoint any member of the Board or any member of the staff of the School to be the Secretary of the Board.

5.   Chairman of the Board

   (1) Members of the Board shall elect the Chairman of the Board from among their number.

   (2) The Chairman shall preside at all meetings of the Board.

   (3) Where the Chairman is absent from a meeting the members of the Board present at the meeting may elect a temporary Chairman for that meeting.

6.   Tenure of office of members

   (1) A member of the Board other than the Regional Education Officer or his representative shall, unless he ceases to be a member hold office for a term of two years and at the end of that period shall be eligible to be nominated and appointed for another term of office.

   (2) A member of the Board other than the Regional Education Officer or his representative shall cease to be a member if–

   (a)   he resigns by giving notice in writing addressed to the Board;

   (b)   he absents himself from all meetings of the Board during a period of one year;

   (c)   his appointment as a member is revoked by the Minister.

7.   Vacancies on the Board

   (1) Where a vacancy occurs on the Board a new member to fill the vacancy may be nominated and appointed in the same manner as the member whom he is to replace was nominated and appointed.

   (2) Any member appointed under the provisions of this paragraph shall hold office for the unexpired term of the member whom he replaces and at the end of that period shall be eligible to be nominated and appointed for another term of office.

   (3) Where a member of the Board is temporarily unable to perform his functions as a member a temporary member may be nominated and appointed in the same manner as the member whose place he is to take was nominated and appointed under the provisions of this Order.

   (4) A temporary member of the Board shall hold office so long as the member whose place he takes is unable to perform the functions of a member.

8.   Functions of the Board

   The Board shall, subject to the general or specific directions of the Commissioner, have power from time to time–

   (a)   to review and make recommendations to the Commissioner in respect of the management and administration of the school;

   (b)   to discuss any questions or any matters within the scope of the educational policy in Tanzania and relating to the responsibilities of the Commissioner in respect of the School and to make recommendations to the Commissioner on any of those questions or matters;

   (c)   to advise the Headmaster on any matter pertaining to the day-to-day running of the school;

   (d)   to advise the Commissioner on any matter that may be referred to the Board by the Commissioner.

9.   Board may appoint Committees

   (1) The Board may, from time to appoint time Committees as it may consider necessary for the proper conduct of its business and, subject to any directions given by the Commissioner in that behalf, delegate to any Committee any of its functions under this Order.

   (2) A Committee appointed under this paragraph shall be composed of such number of members of the Board, not being less than three, as the Board may determine.

   (3) The provisions of this Order relating to quorum and procedure of the Board shall apply, with necessary modifications, to proceedings of a Committee and otherwise in relation to the Committee.

   (4) A Committee shall meet as often as may be necessary for the transaction of the business it is required by the Board to do and its meetings shall be convened by the Chairman of that Committee.

   (5) The Board and every Committee appointed by the Board under the provisions of this Order shall keep minutes of its proceedings and shall distribute its minutes to its members, the Commissioner of National Education and, at the discretion of the Chairman, to the Headmaster of the School.

10.   Meetings and procedure

   (1)The Secretary of the Board shall, in consultation with the Chairman convene all meetings of the Board and the notice specifying the place, date and time of the meeting shall be sent to each member at his usual address so as to reach him in good time before the date of the meeting.

   (2) In case the Chairman of the Board is incapacitated by illness, absence from Tanzania, or other sufficient cause, the Secretary may convene a meeting of the Board if he considers that it is necessary or desirable to convene a meeting for the proper conduct of the business of the Board.

   (3) The Secretary shall be bound to convene a special meeting of the Board upon receipt of a request in writing in that behalf signed by not less than three members of the Board.

   (4) At any meeting of the Board or a Committee a decision of the majority of members present and voting shall be deemed to be a decision of the Board or as the case may be, the Committee and in the event of an equality of votes the Chairman of the meeting shall have a casting vote in addition to his deliberative vote.

   (5) The Board may act notwithstanding any vacancy on its membership.

   (6) The quorum necessary for the conduct of any business of the Board shall be one half of the total number of the members of the Board.

   (7) The Board shall hold at least two meetings a year and may meet as often as may be necessary for the transaction of its business.

   (8) Where the Board or a Committee considers it desirable for the transaction of its business so to do, it may invite any person who is not a member of the Board to participate in its deliberations but the persons so invited shall not be entitled to vote.

   (9) Subject to the provisions of this Order the Board may regulate its own proceedings.

THE PUBLIC PRIMARY SCHOOLS (COMPULSORY ENROLMENT AND ATTENDANCE) ORDER

TABLE OF CONTENTS

   Paragraph

Title

   1.   Citation.

   2.   Interpretation.

   3.   Compulsory attendance.

   4.   Child to be enrolled.

   5.   Completion of primary school.

   6.   Parents responsibility.

   7.   Offence.

   8.   [Revocation.]

THE PUBLIC PRIMARY SCHOOLS (COMPULSORY ENROLMENT AND ATTENDANCE) ORDER

(Section 35)

[1st November, 1977]

G.N. No. 150 of 1977

1.   Citation

   This Order may be cited as the Public Primary Schools (Compulsory Enrolment and Attendance) Order.

2.   Interpretation

   In this Order, unless the context otherwise requires–

   "child" means any child whether male or female, who on the effective date has attained the age of seven but has not attained the age of thirteen;

   "effective date" means the first day of November, 1977;

   "parent" means the father or the mother of the child and includes any person who is, for the time being, acting as the guardian of the child.

3.   Compulsory attendance

   As from the effective date, the enrolment and regular attendance of every child in a public primary school shall be compulsory.

4.   Child to be enrolled

   A parent of every child to whom this Order applies shall, unless such child has been exempted, ensure that the child is enrolled in, and regularly attends a primary school.

5.   Completion of primary school

   Every child enrolled at a public school shall, unless exempted, attend such school until he has completed primary education.

6.   Parents responsibility

   The parent of every child enrolled at a public primary school shall ensure that such child attends school until he has completed primary education.

7.   Offence

   (1) Any parent of a child to whom this Order applies and who fails to ensure or who fails to take reasonable steps to ensure that his child is enrolled in a public primary school as required by paragraph 3, commits an offence.

   (2) Any parent of a child to whom this Order applies who fails to ensure or who fails to take reasonable steps to ensure that his child regularly attends the school at which he has been enrolled until such time as he completes primary education, commits an offence.

   (3) Any person who commits an offence under this paragraph is liable upon conviction in the case of first offence, to a fine not exceeding imprisonment for a term not exceeding one month or to both that fine and imprisonment; in the case of a second offence, to a fine not exceeding five hundred shillings or to imprisonment for a term not exceeding two months or to both that fine and imprisonment, and in the case of a subsequent offence, to a term of imprisonment not exceeding six months.

8.   Revocation

   [Revokes the Public Primary Schools (Compulsory Enrolment and Attendance) Order, 1971.]

THE NATIONAL EDUCATION ADVISORY COUNCIL (ESTABLISHMENT, CONSTITUTION AND PROCEDURE) ORDER

TABLE OF CONTENTS

   Paragraph

Title

   1.   Citation.

   2.   Interpretation.

   3.   Establishment of the Council.

   4.   Tenure of office.

   5.   Secretary to the Council.

   6.   Resignation of members.

   7.   Directions of Minister.

   8.   Meeting.

SCHEDULE

THE NATIONAL EDUCATION ADVISORY COUNCIL (ESTABLISHMENT, CONSTITUTION AND PROCEDURE) ORDER

(Section 6)

G.N. No. 290 of 2002

1.   Citation

   This Order may be cited as the National Education Advisory Council (Establishment, Constitution and Procedure) Order.

2.   Interpretation

   In this Order, unless the context requires otherwise–

   "Act" means the Education Act *;

   "Commissioner" shall have the same meaning as ascribed to it under the Education Act *;

   "Council" means the National Education Advisory Council established under regulation 3.

3.   Establishment of the Council

   (1) There is hereby established a Council to be known as the National Education Advisory Council.

   (2) The National Education Advisory Council shall consist of the persons specified in the Schedule to these regulations.

4.   Tenure of office

   A member of the Council shall unless his appointment is previously revoked by the Minister, or for any other cause he ceases to be a member, hold office for a period of four years from the date of his appointment, and shall be eligible for reappointment.

5.   Secretary to the Council

   (1) The Commissioner shall be the Secretary to the Council.

   (2) The Secretary shall, in consultation with the Chairman or, in the absence of the Chairman, in consultation with the Minister, convene meetings of the Council, and shall keep minutes of the Council, and perform such other duties as the Council may require.

   (3) The Secretary shall be an ex officio member of the Council but shall not have the right to vote.

6.   Resignation of members

   (1) Any member of the Council may resign by giving notice in writing addressed to the Chairman and as from the date of acceptance of the notice by the Chairman, the member shall cease to be a member of the Council.

   (2) The Minister may fill any casual vacancy occurring in the membership of the Council.

   (3) A member appointed to fill any casual vacancy shall, subject to the provisions of these regulations, hold office for the remainder of the term of his predecessor.

   (4) If during any period any member of the Council is for any cause unable to perform his duties as a member of the Council, the Minister may appoint a temporary member for the period during which that member is so disabled.

7.   Directions of Minister

   Subject to any general or specific directions by the Minister the Council may prepare and act upon a programme of action on matters which are within the scope of the functions exercisable by the Council under the Act.

8.   Meeting

   (1) The Council shall meet not less than twice in every period of twelve months and at such additional times as may be fixed by the Chairman or by the Secretary after consultation with the Minister.

   (2) The Chairman or the Secretary, at the direction of the Minister or at the request in writing of any ten members shall call a meeting of the Council as soon as possible after the receipt by him of the direction or request.

   (3) The Secretary shall give to each member one month's notice of the time and place of every ordinary meeting of the Council.

   (4) At any meeting of the Council not less than one half of all members of the Council shall constitute a quorum.

   (5) At every meeting of the Council the Chairman shall preside and in the absence of the Chairman from the meeting, the members of the Council present at the meeting shall elect a temporary Chairman from amongst their number who shall preside at the meeting.

   (6) The Chairman may at his discretion invite any person who is not a member of the Council to attend and take part, but shall be eligible to vote, in the proceedings of any meeting of the Council.

   (7) All matters at a meeting of the Council shall be decided by a majority of the votes of the members present and voting at the meeting and in the event of equality of votes the Chairman shall be entitled to a casting vote in addition to his deliberative vote.

SCHEDULE

(Regulation 3(2))

   The Council shall consist of the following members:

   (a)   two members appointed by the Minister from amongst members of Parliament;

   (b)   three members appointed by the Minister;

   (c)   the Vice-Chancellor of the University of Dar es Salaam or his representative;

   (d)   the Vice-Chancellor of the Sokoine University of Agriculture or his representative;

   (e)   the Vice-Chancellor of the Open University of Tanzania or his representative;

   (f)   the Principal of the Institute of Finance Management or his representative;

   (g)   the Commissioner for Budget in the Ministry responsible for finance or his representative;

   (h)   the Secretary-General of Medical Association of Tanzania or his representative;

   (i)   the Secretary-General of Tanzania Teachers Union;

   (j)   the Secretary-General of Christian Education Board of Tanzania;

   (k)   the Secretary-General of BAKWATA;

   (l)   the Secretary-General of the Publishing Association of Tanzania;

   (m)   the Director of National Vocational Training;

   (n)   the Chairman of the Regional Education Officers;

   (o)   the Chairman of the District Education Officers;

   (p)   the Chairman of the Heads of Secondary Schools;

   (q)   the Chairman of School Inspectors;

   (r)   the Chairman of Principals of Teachers Training College; and

   (s)   the Commissioner for Local Government.

THE NON-GOVERNMENT SCHOOL BOARD (ESTABLISHMENT) ORDER

TABLE OF CONTENTS

   Paragraph

Title

   1.   Citation and application.

   2.   Interpretation.

   3.   Establishment of Non-Government School Board.

   4.   Composition of School Board.

   5.   Chairman of School Board.

   6.   Tenure appointment, resignation, casual vacancies etc.

   7.   Powers of Non-Government School Board.

   8.   Submission of Report to the Commissioner.

   9.   Records.

   10.   Meetings and Secretary to Board.

   11.   [Revocation.]

THE NON-GOVERNMENT SCHOOL BOARD (ESTABLISHMENT) ORDER

G.N. No. 302 of 2002

1.   Citation and application

   This Order may be cited as the Non-Government School Board (Establishment) Order and shall apply to every non-government school specified in the Schedule to this Order.

2.   Interpretation

   In this Order, unless the context otherwise requires–

   "Act" means the Education Act *;

   "Board" means a School Board;

   "the Commissioner" shall have the same meaning as ascribed to it under the Education Act, 1978;

   "non-government school" means a school wholly owned and maintained by a person, body of persons or any organization other than the government or local authority.

3.   Establishment of Non-Government School Board

   There is hereby established a School Board to be known as the Non-Government School Board for each non-government school.

4.   Composition of School Board

   Every board for non-government schools shall have the following members who shall be approved by the Regional Commissioner–

   (a)   four members appointed by the owner of the school;

   (b)   three members appointed by the Regional Commissioner upon recommendation of the Regional Education Officer;

   (c)   head of the school;

   (d)   the Regional Education Officer or his nominee representing the Commissioner; and

   (e)   one member representing the Academic Staff of the school.

5.   Chairman of School Board

   (1) Subject to the provisions of subparagraph (2) of this paragraph the Chairman of the Board shall be appointed by the owner of the school from amongst members of the Board.

   (2) Neither the Regional Education Officer nor any member of the academic staff shall be the Chairman of the Board.

   (3) The Board shall elect a Vice-Chairman from amongst the members who shall preside in the absence of the Chairman.

   (4) When both the Chairman and the Vice-Chairman are absent from the meeting, members of the Board present at the meeting shall elect a temporary chairman for the meeting.

6.   Tenure, appointment, resignations, casual vacancies etc.

   (1) A member of the Board shall hold office for a term of four years and at the end of that period he shall be eligible to be appointed for another term of office.

   (2) A member of the Board shall cease to be a member if–

   (a)   he resigns by giving notice in writing addressed to the appointing authority;

   (b)   his appointment is cancelled by the authority that appointed him.

   (3) If any vacancy occurs in the membership of the Board by reasons of death, resignation, incapacity of any member or in any other way, the appointing authority may appoint another person to fill that vacancy, and a person so appointed shall hold office for the unexpired period of office of the member in whose place he or she was appointed and shall be eligible for an appointment for another term of office.

7.   Powers of Non Government School Board

   (1) Every Board shall, subject to the general or specific direction of the Commissioner, have power to dismiss a pupil from a non government school according to any regulation on expulsion or exclusion from schools, made by the Minister in pursuance of the Education Act *.

   (2) In addition the Board shall have advisory and participatory functions to–

   (a)   review and make recommendation to the owner in respect of the school for which the Board has been established;

   (b)   discuss and recommend on matters within the scope of the education policy in Tanzania and relating to the responsibilities of the owner in respect of the school and make recommendation to the owner on any of those matters;

   (c)   advise the Head of School on any matter pertaining to the day-to-day running of the school;

   (d)   advise the Commissioner on any matter that may be referred to the Board by the Commissioner;

   (e)   promote better education and welfare of the school;

   (f)   ensure that teachers of the school abide by the professional code of conduct;

   (g)   ensure that no teacher who has been removed from the Register of Teachers is allowed to teach in the school;

   (h)   participate in the selection of pupils for admission to Form I and Form V; and

   (i)   facilitate the formulation of Parents/Teachers Association.

   (3) The Board shall ensure that staff are employed in accordance with such conditions of service as are in force in relation to the staff and for this purpose the staff shall fall under three categories, namely–

   (a)   officers in the service of Government who shall be governed by regulation laid down by Government;

   (b)   teachers who are members of the Teacher's Service Commission;

   (c)   other teaching, administrative and subordinate staff.

8.   Submission of Report to the Commissioner

   The Board shall at least once a year, submit to the Commissioner through the owner of the school, an annual report of the school for which the Board is responsible.

9.   Records

   (1) The Board shall cause to be provided and kept proper books of accounts and records in respect of–

   (a)   the receipt and expenditure of money in the running and other financial transactions of the school;

   (b)   assets and liabilities of the school; and shall cause to be made out for every financial year audited accounts including a balance sheet of the school and all its assets and liabilities.

   (2) The Board shall submit a statement of account and such other information in respect of the school for which it is responsible as the Minister may, by writing, request.

10.   Meetings and Secretary to Board

   (1) The Board shall ordinarily meet four times a year for transaction of its business at the time and at places determined by it and may meet as often as may be necessary.

   (2) The Head of School shall be the Secretary to the Board.

   (3) The Secretary shall in consultation with the chairman convene all meetings of the Board by notice which shall specify the agenda, place, date and time of meeting and the notice shall be sent to each member at his usual address at least fifteen days before the date of the meeting.

   (4) The Secretary shall be bound to convene a special meeting of the Board upon receipt of request in writing in that behalf signed by not less than six members of the Board.

   (5) At any meeting of the school board a decision of the majority of members present and voting shall be deemed to be a decision of the Board and the Chairman shall have a casting vote in addition to his deliberative vote.

   (6) The quorum necessary for the conduct of any business of the Board shall be one half of the total number of the members of the Board.

   (7) The Board may act notwithstanding any vacancy on its membership.

   (8) Where a Board considers desirable for the transaction of its business, it may invite any person who is not a member of the Board to participate in its deliberation but the person so invited shall not be entitled to vote.

   (9) The Secretary shall keep minutes of its proceedings and distribute them to its members, the owner of the school, the Regional Commission and the Commission.

   (10) Subject to the provision of this Order, the Board may regulate its own proceedings.

11.   Revocation

   [Revokes the Non-Government School Board (Establishment) Order *.]

THE GRANT-AIDED COMMUNITY SCHOOL BOARD (ESTABLISHMENT) ORDER

TABLE OF CONTENTS

   Paragraph

Title

   1.   Citation and application.

   2.   Interpretation.

   3.   Establishment of School Board.

   4.   Composition of Board.

   5.   Chairman of Board.

   6.   Tenure appointment resignations, casual vacancies etc.

   7.   Powers of Board.

   8.   Submission of report to Commissioner.

   9.   Records.

   10.   Meetings and Secretary to the Board.

THE GRANT-AIDED COMMUNITY SCHOOL BOARD (ESTABLISHMENT) ORDER

(Section 38(1))

G.N. No. 303 of 2002

1.   Citation and application

   This Order may be cited as the Grant-Aided Community School Board (Establishment) Order and shall apply to every Grant-Aided Community School.

2.   Interpretation

   In this Order, unless the context otherwise requires–

   "Act" means the Education Act *;

   "appointing authority" means the Regional Commissioner;

   "Board" means the Grant-Aided Community School Board established under regulation 3;

   "Commissioner" shall have the same meaning ascribed to it under the Act;

   "Community School" shall have the same meaning as ascribed to under the Act;

   "Grant-Aided Community School" means a community school that receives or may receive subvention or grant in aid from the government or local authority;

   "Head of School" means the Head of School of a Community Grant-Aided School;

   "Minister" means the Minister responsible for education;

   "Regional Education Officer" means any education officer appointed to be in charge of education services in region and includes any person to whom he delegates his duties;

   "School Board" means a Board established by this Order responsible for the management, development planning, discipline and finance of a Grant-Aided Community School;

   "Teacher/Parents Association" means an association of teachers and parents of a Grant-Aided Community School.

3.   Establishment of School Board

   There is hereby established a School Board to be known as the Grant-Aided Community School Board for each grant-aided community school.

4.   Composition of Board

   (1) Every School Board for a grant-aided community school shall have the following members who shall be approved by the Regional Commissioner–

   (a)   one member representing the voluntary organization if that school was originally established by that voluntary organization;

   (b)   the Regional Education Officer or his representative who shall be a senior education officer in the region;

   (c)   the Head of the School;

   (d)   one member representing the academic staff;

   (e)   four members appointed by the owner of the school;

   (f)   two members appointed by the Regional Commissioner upon recommendation of the Head of School.

5.   Chairman of Board

   (1) Subject to provisions of subregulation (2) of this regulation the Chairman of the grant-aided community school Board shall be appointed by the owner of the school from among members of the Board.

   (2) The Chairman of the School Board shall neither the be the Regional Education Officer nor any member of the academic staff.

   (3) The Board shall elect a Vice-Chairman from among the members who shall preside in the absence of the Chairman.

   (4) When both the Chairman and the Vice-Chairman are absent from the meeting members of the Board present at the meeting shall elect a temporary Chairman for that meeting.

6.   Tenure appointment resignations, casual vacancies, etc.

   (1) A member of the Board shall, hold office for a term of four years and at the end of that period shall be eligible to be appointed for another term of office.

   (2) A member of the Board shall cease to be a member if–

   (a)   the member resigns by giving a notice in writing addressed to appointing authority; or

   (b)   the member's appointment is cancelled by the appointing authority.

   (3) If any vacancy occurs in the membership of the Board by reason of death, resignation incapacity of any member or in any other way, the appointing authority may appoint another person to fill that vacancy, and a person so appointed shall hold office for the unexpired period of office of the member in whose place he/she appointed and shall be eligible for appointment for another term of office.

7.   Powers of Board

   (1) Every Board shall, subject to the general or specific direction of the Commissioner, have power to dismiss a pupil from a grant-aided community school according to any regulation on expulsion or exclusion from schools, made by the Minister in pursuance of the Act.

   (2) In addition the Board shall have advisory and participatory functions to–

   (a)   review and make recommendation to the owner in respect of the school for which the Board has been established;

   (b)   discuss and recommend on matters within the scope of the education policy in Tanzania and relating to the responsibilities of the owner in respect of the school and to make recommendation to the owner on any of those matters;

   (c)   advise the Head of School on any matter pertaining to the day-to-day running of the school;

   (d)   advise the Commissioner on any matter that may be referred to the Board by the Commissioner;

   (e)   promote better education and welfare of the school;

   (f)   make sure that teachers of the school abide by the professional code of conduct;

   (g)   ensure that no teachers who have been removed from the register of teachers is allowed to teach in the school;

   (h)   to receive a report on the selection of pupils for admission to Form I and Form V;

   (i)   ensure that the grant-in-aid provided by the government is utilized in accordance with the regulations governing provision of grant-in-aid; and

   (j)   facilitate the formulation of Parent/Teachers Association.

   (3) The board shall ensure that staff are employed in accordance with such conditions of service that are in force in relation to such staff and for this purpose the staff shall fall under three categories, namely–

   (a)   officers in the service of Government who shall be governed by regulations laid down by Government;

   (b)   teachers who are members of Teacher's Service Commission;

   (c)   other teaching, administrative and subordinate staff.

8.   Submission of report to Commissioner

   The Board shall at least once a year, submit to the Commissioner through the owner of the school, an annual report of the School for which the Board is responsible.

9.   Records

   (1) The Board shall cause to be provided and kept proper books of accounts and records in respect of–

   (a)   the receipt and expenditure of money in the running and other financial transactions of the school;

   (b)   assets and liabilities of the school; and shall cause to be made out for every financial year audited accounts including a balance sheet of the school and all its assets and liabilities.

   (2) The Board shall submit statements of accounts and such other information in respect of the school for which it is responsible as the Minister may, by writing, request.

   (3) Submit annual report to Regional Commissioner.

10.   Meetings and Secretary to Board

   (1) The Board shall ordinarily meet four times a year for the transaction of its business at the time and at places determined by it and may meet as often as may be necessary.

   (2) The Head of School shall be the Secretary to the School Board.

   (3) The Secretary shall in consultation with the Chairman, convene all meetings of the Board by Notice which shall specify the agenda, place, date and time of meeting and such notice shall reach each member at his usual address in time at least fifteen days before the date of the meeting.

   (4) The Secretary shall be bound to convene a special meeting of the Board upon receipt of request in writing in that behalf signed by not less than six members of the Board.

   (5) At any meeting of the school a decision of the majority of members present and voting shall be deemed to be a decision of the Board and the Chairman shall have a casting vote in addition to his deliberative vote.

   (6) The quorum necessary for the conduct of any business of the Board shall be one of half of the total number of the members of the Board.

   (7) The Board may act notwithstanding any vacancy in its membership.

   (8) Where a Board considers desirable for the transaction of its business, it may invite any person who is not a member of the Board to participate in its deliberation but the person so invited shall not be entitled to vote.

   (9) The Secretary shall keep minutes of its proceedings and distribute them to its members, the owner of the school, the Regional Commissioner and the Commissioner.

   (10) Subject to the provisions of this Order, the Board may regulate its own proceedings.

THE GOVERNMENT SCHOOL BOARD (ESTABLISHMENT) ORDER

TABLE OF CONTENTS

   Paragraph

Title

   1.   Citation and application.

   2.   Interpretation.

   3.   Establishment of School Board.

   4.   Composition of School Board.

   5.   Chairman of School Board.

   6.   Tenure of office, resignations, casual vacancies.

   7.   Meetings and procedure.

   8.   Functions of the School Board.

   9.   [Revocation.]

THE GOVERNMENT SCHOOL BOARD (ESTABLISHMENT) ORDER

(Section 38(1))

G.N. No. 304 of 2002

1.   Citation and application

   This Order may be cited as the Government School Board (Establishment) Order and shall apply to every Government School.

2.   Interpretation

   In this Order, unless the context otherwise requires–

   "Act" means the Education Act *;

   "appointing authority" means the Regional Commissioner;

   "Commissioner" shall have the same meaning ascribed to it under the Act;

   "Government School" means directly maintained by the Ministry of Education and a Local Authority;

   "Head of School" includes the Principal of any Teachers Training College for which a School Board has been established;

   "Minister" means the Minister responsible for education;

   "Regional Education Officer" means any education officer appointed to be in charge of education services in a region and includes any person to whom he delegates his duties;

   "School Board" means a Board established by this Order responsible for the management, development, planning, discipline and finance of a Government school;

   "Teacher/Parents Association" means an association of teachers and parents of a Government school and parents.

3.   Establishment of School Board

   There is hereby established a School Board to be known as the School Board for each Government school.

4.   Composition of School Board

   Every School Board for a Government school shall have the following members who shall be approved by the Regional Commissioner–

   (a)   one member representing the voluntary organization if that school was originally established by that voluntary organization;

   (b)   the Regional Education Officer or his representative who shall be a senior education officer in the region;

   (c)   the Head of the School;

   (d)   one member representing the academic staff;

   (e)   not more than five members appointed by the Regional Commissioner upon recommendation of the Regional Education Officer;

   (f)   two members appointed by the Regional Commissioner upon recommendation of the Head of School; and

   (g)   two members co-opted by the Board during its first sitting.

5.   Chairman of School Board

   (1) The Board shall elect its Chairman among the members specified under paragraph 4(1)(e):

   Provided the Chairman of the School Board shall be neither the Regional Education Officer nor a member of the academic staff of the school.

   (2) The Board shall elect one of the Board members to be Vice-Chairman who shall preside whenever the Chairman is absent, provide that there shall be neither a REO nor a member representing the academic staff.

   (3) The Chairman shall preside at all meetings of the Board.

   (4) In the absence of both the Chairman, and the Vice-Chairman the members present shall elect among themselves a temporary Chairman to preside over the meeting.

6.   Tenure of office, resignations, casual vacancies

   (1) A member of the School Board shall hold office for a term of four years and may be eligible for another further term.

   (2) A member of the School Board shall cease to be a member if–

   (a)   he resigns by giving a notice in writing addressed to the nominating or co-opting authority;

   (b)   he has moved to another region or the appointing authority has revoked his appointment; and

   (c)   he dies or is permanently incapacitated.

7.   Meetings and procedure

   (1) The School Board shall hold its meetings four times a year but shall have the right to meet more than four times when necessary.

   (2) The Head of School shall be the Secretary to the School Board.

   (3) The Secretary shall notify each member within not less than 15 days the date of the meeting.

   (4) The Secretary shall convene a special meeting of the Board upon receipt of request in writing in that behalf signed by not less than six members of the Board.

   (5) At any meeting, a decision by the majority of members present shall be upheld and the Chairman shall have a casting vote in addition to his deliberative vote.

   (6) A meeting shall be unlawful if the quorum has less than one half of its members.

   (7) A Board may invite any person to its meetings for proper deliberations of proceedings but such a person shall not be entitled to vote.

   (8) The Secretary of the School Board shall keep minutes of its proceedings and distribute them to its members, the Commissioner and the Regional Commissioner.

   (9) The School Board may formulate its own regulations for proper conduct of its proceedings.

8.   Functions of the School Board

   (1) The School Board shall have management and supervisor powers to–

   (a)   review and direct the Head of School in respect of the management development, planning, discipline and finance for the school of which the Board has been established;

   (b)   discuss matters related to implementation of education policy in Tanzania and make recommendations to the Commissioner as appropriate;

   (c)   direct the Head of School on any matter that may be referred to the School Board by the Commissioner;

   (d)   advise the Commissioner on any matter that may be referred to the School Board by him;

   (e)   promote better education and welfare of the school;

   (f)   initiate projects and programmes for the general progress of the school and do any other activities within its capacity;

   (g)   solicit contributions, donations, and engage in income generating activities for the development and welfare of the school;

   (h)   ensure that the teachers of the school abide by the code of professional conduct as stipulated under the Teachers Service Commission Regulations, 1989;

   (i)   suspend any teacher on disciplinary grounds, misconduct or inefficiency or any act likely to cause disharmony in the school and inform the Commissioner immediately of such an action;

   (j)   prescribe the kind of uniform to be worn by the pupils;

   (k)   facilitate formation of a Parent – Teachers Association.

   (2) Subject to the general and specific directions by the Commissioner, the Board shall have the power to suspend or dismiss a pupil on commission of an offence warranting such punishment.

9.   Revocation

   [Revokes the Government School Board (Establishment) Order *.]

REGULATIONS

THE EDUCATION ADVISORY COUNCIL (CONSTITUTION) REGULATIONS

TABLE OF CONTENTS

   Regulation

Title

   1.   Citation.

   2.   Interpretation.

   3.   Appointments of members of Council.

   4.   Chairman of the Council.

   5.   Tenure of office.

   6.   Secretary of the Council.

   7.   Resignation.

   8.   Revocation of appointment.

   9.   Acts or proceedings of the Council not to be invalid.

   10.   Appointment committees.

   11.   Functions of the Council.

   12.   Meetings of the Council.

   13.   Quorum.

   14.   Chairman to preside the meetings.

   15.   Decisions by majority.

   16.   Chairman to report to the Council.

THE EDUCATION ADVISORY COUNCIL (CONSTITUTION) REGULATIONS

(Section 6)

G.N. No. 206 of 1971

1.   Citation

   These Regulations may be cited as the Education Advisory Council (Constitution) Regulation.

2.   Interpretation

   (1) In these Regulations, "the Education Advisory Council" (herein after referred to as "the Council"), means the Education Advisory Council established by the Minister under section 6 of the Education Act *.

   (2) The provisions of these Regulations shall have effect as to the constitution, proceedings and such other matters in relation to the Council as are provided for in these Regulations.

3.   Appointments of members of Council

   (1) The members of the Council shall be appointed by the Minister and shall comprise such number, not exceeding thirty, as the Minister may determine.

   (2) The Minister may at any time revoke the appointment of any member of the Council.

4.   Chairman of the Council

   (1) The Council shall have a Chairman who shall be elected by the members of the Council from amongst their number.

   (2) The Chairman of the Council shall be eligible for re-election.

5.   Tenure of office

   A member of the Council shall, unless previously his appointment is revoked by the Minister or for any other cause he ceases to be a member, hold office for a period of three years from the date of his appointment, and shall be eligible for a re-appointment.

6.   Secretary of the Council

   (1) The Commissioner shall be the Secretary to the Council.

   (2) The Secretary shall, in consultation with the Chairman or, in the absence of the Chairman, in consultation with the Minister, convene meetings of the Council, and shall also keep minutes of the meetings and perform such other secretarial duties as the Council may require.

   (3) Where the Secretary is not a member of the Council shall have no power to vote at any meeting of the Council.

7.   Resignation

   (1) Any member of the Council may resign by giving notice in writing addressed to the Chairman and as from the date specified in the notice or if no date is specified, from the date of receipt of the notice by the Chairman, the member shall cease to be a member of the Council.

   (2) The Minister may fill any casual vacancy occurring in the membership of the Council.

   (3) A member appointed to fill any casual vacancy shall, subject to the provisions of these Regulations, hold office for the remainder of the term of his predecessor.

   (4) If during any period any member of the Council is for any cause unable to perform his duties as a member of the council the Minister may appoint a temporary member to perform the duties of the substantive member for the period during which he is so disabled.

8.   Revocation of appointment

   Where any member of the Council absents himself from three consecutive meetings of the Council without reasonable cause, the Chairman shall advise the Minister of the fact and the Minister may, if he deems fit so to do, revoke the appointment of the member and appoint another member in his place.

9.   Acts or proceedings of the Council not to be invalid

   No act or proceeding of the Council shall be invalid by reason only of any vacancy amongst the members thereof or of any defect in the appointment of any member of the Council.

10.   Appointment committees

   (1) The Council may from time to time appoint such committees as it may consider necessary.

   (2) Where the Council appoints a committee it may authorise the committee to co-opt as members of the committee persons who are not members of the Council and the Council shall determine the number of persons who may be co-opted by any committee.

   (3) The provisions of these Regulations shall apply with necessary modifications in relation to quorum, proceedings and meetings of committees.

11.   Functions of the Council

   Subject to any general or specific directions by the Minister, the council may prepare and act upon a programme of activities which are within the scope of the functions exercisable by the Council under the Act.

12.   Meetings of the Council

   (1) The Council shall meet not less than twice in every period of twelve months and at such additional times as may be fixed by the Chairman or, if he is for any reason unable to act, by the Secretary after consultation with the Minister.

   (2) The Chairman or, if he is for any reason unable to act, the Secretary, shall, at the direction of the Minister or at the request in writing of any three members call a meeting of the Council as soon as possible after the receipt by him of the direction or request.

   (3) The Secretary shall give to each member adequate notice of the time and place of every meeting of the Council.

13.   Quorum

   At any meeting of the Council not less than one half of all members of the Council shall constitute a quorum.

14.   Chairman to preside the meetings

   (1) At every meeting of the Council the Chairman of the Council shall preside and in the absence of the Chairman from the meeting, the members of the Council present at the meeting may, from amongst their number, elect a temporary Chairman who shall preside at that meeting.

   (2) The Chairman may in his discretion invite any person to attend and take part, without vote, in the proceedings of any meeting of the Council.

15.   Decisions by majority

   All questions at a meeting of the Council shall be decided by a majority of the votes of the member present and voting at meeting and in the event of an equality of votes the Chairman shall be entitled to a casting vote in addition to his deliberative vote.

16.   Chairman to report to the Council

   The Chairman shall report to the Council the action taken on any matter in respect of which the Council has tendered advice to the Minister.

THE EDUCATION (NON-GOVERNMENT) REGULATIONS

TABLE OF CONTENTS

   Regulation

Title

   1.   Citation.

   2.   Interpretation.

   3.   Application for owners.

   4.   Application for manager.

   5.   Submission of application.

   6.   District Education Officer to submit application.

   7.   Separate application.

   8.   Condition of registration.

   9.   Fees.

   10.   Regulations in respect of matters.

   11.   Issuance of certificates.

   12.   No payment.

   13.   Every school to observe and comply with regulations.

   14.   Books to be kept.

   15.   Owner or manager to furnish statistics and information.

   16.   Regulations not to be constued as relieving any person.

   17.   [Revocation.]

SCHEDULES

THE EDUCATION (NON-GOVERNMENT) REGULATIONS

(Section 60)

G.N. No. 246 of 1971

1.   Citation

   These Regulations may be cited as the Education (Non-Government) Regulations.

2.   Interpretation

   In these Regulations, unless the context otherwise requires–

   "school" means a non-government school.

3.   Application for owners

   Every application for approval as owner of a school or group of schools shall be made in in Form No. 1 set out in the First Schedule to these Regulations.

4.   Application for manager

   Every application for approval as manager of a school or group of schools shall be made in Form No. 2 set out in the First Schedule to these Regulations.

5.   Submission of application

   (1) An application made under regulation 3 or 4 of these Regulations shall be submitted–

   (a)   in the case of a primary school or group of primary schools, to the District Education Officer who shall forward the application to the Regional Education Officer;

   (b)   in the case of a secondary school or group of secondary schools, to the Regional Education Officer.

   (2) Upon receipt of an application, whether directly or through the District Education Officer, the Regional Education Officer shall forward the application with his recommendations to the Ministry of Education, Dar-es-Salaam.

6.   District Education Officer to submit application

   (1) Upon receipt of an application for approval as owner or manager of a school or group of schools, the District Education Officer shall submit the application to the next following meeting of the Local Education Authority.

   (2) After consideration of the application by the Local Education Authority, the District Education Officer shall endorse on the application form in the space provided the decision of the Local Education Authority indicating whether the application has been recommended for approval or rejection, as the case may be.

7.   Separate application

   (1) Every application for the registration of a school shall be made in Form No. 3 set out in the First Schedule to these Regulations.

   (2) A separate application for registration shall be made in respect of each school which it is desired to be established.

8.   Condition of registration

   (1) It shall be a condition of registration of every school that the applicant for registration produces evidence to the satisfaction of the Commissioner that any existing buildings of the school which it is desired to be established are suitable and adequate for the purposes of a school, having regard to the number, ages and sex of the pupils who shall attend the school, and that the buildings satisfy any regulations or rules for the time being in force in the area relating to buildings, either generally or buildings of a particular category.

   (2) For the purpose of ensuring that any conditions prescribed in relation to school buildings are complied with, the Commissioner may, if he thinks fit, require any applicant for registration of a school to make a deposit of a sum of money in such manner as the Commissioner may specify.

   (3) Where the Commissioner makes the deposit of a sum of money referred to in subregulation (2) of this regulation a condition of registration of any school then no school shall be registered until that condition has been fulfilled.

9.   Fees

   The fees set out in the Second Schedule to these Regulations shall be payable for the respective matters prescribed in that Schedule.

10.   Regulations in respect of matters

   Every application made under these Regulations in respect of any matter which is prescribed in the Second Schedule to these Regulations shall be accompanied by the appropriate fee as set out in that Schedule.

11.   Issuance of certificates

   Upon registering any school in accordance with the provisions of these Regulations the Commissioner shall issue free of charge a certificate of registration in Form No. 4 set out in the First Schedule to these Regulations.

12.   No payment

   (1) No school shall require any payment, other than school fees at the rate of which has been approved by the Commissioner of Education, to be made by or in respect of any prospective pupil as a condition of admission to the school.

   (2) Where a school makes an appeal to parents or the general public for contributions or donations of funds to be applied to any purpose connected with the school no pupil shall be barred from attendance at the school by reason only of the failure by any person, whether or not he is the parent or guardian of the pupil, to respond to the appeal wholly or in part.

   (3) No school shall give preferential treatment to any pupil at the school or to any prospective pupil, by virtue of or, in recognition of any donation, endowment, gift, legacy, facility or other benefaction made or promised to be made to the school by any person.

   (4) No school shall require any pupil to provide any school equipment as a condition of attendance at the school unless the type and quantity of the equipment have first been approved by the Commissioner.

13.   Every school to observe and comply with regulations

   Unless special provision is made in that behalf by or under any written law in respect of schools to which these Regulations are applicable, every school shall observe and comply with any regulations made under the Education Act *, and for the time being in force relating to the basic syllabus to be followed in schools as well as regulations made in the like manner providing for the examination of pupils in schools.

14.   Books to be kept

   (1) Every school shall keep or cause to be kept all proper books and records of account of the income, expenditure and assets of the school.

   (2) The Minister may, if he thinks fit, give any general or specific directions to the owner of the school relating to accounts kept in respect of the school, and the owner or manager shall comply with those directions.

   (3) Unless the Minister for Education approves any special arrangements for the auditing of school accounts, the accounts of every school shall be audited by an auditor appointed by the Minister or an auditor appointed by the school with the approval of the Minister.

   (4) Within a period of four months from the end of each financial year of the school the school shall submit or cause to be submitted to the Commissioner for a certified copy of the audited accounts of the school.

   (5) The Minister may at any time authorise any office of his Ministry to inspect any school and to take copies of, or extracts from, records or accounts kept in respect of the school.

15.   Owner or manager to furnish statistics and information

   (1) The Commissioner may from time to time direct the owner or manager of any school to furnish him with such statistical or other information in respect of the school as the Commissioner may require.

   (2) Every owner or manager of a school required to furnish information under this regulation shall comply with that direction as soon as practicable after the receipt by him of the direction or within such time as may be specified for the purpose by the Commissioner.

16.   Regulations not to be constued as relieving any person

   Nothing contained in these Regulations shall be construed as relieving any person from any responsibility imposed on him by the provisions of any regulations for the time being in force relating to schools and which are not expressly revoked by these Regulations.

17.   Revocation

   [Revokes the Education (Owners) Regulations, and the Education (Registration of Schools and Approval Managers) Regulations *.]

FIRST SCHEDULE
FORMS

FORM 1
APPLICATION FOR APPROVAL AS OWNER OF A SCHOOL OR GROUP OF SCHOOLS

THE UNITED REPUBLIC OF TANZANIA

THE EDUCATION ACT, CAP. 353

(The Education (Non-Government) Regulations)

To:   The Minister for Education,
      Ministry of Education,
      DAR-ES-SALAAM.

      u.f.s. District Education Officer .............................................................................
      Regional Education Officer ..................................................................

      A. Where the applicant is an individual, to be completed by the applicant:

      Name..................................................................................................................

      Occupation..........................................................................................................

      Residential Address..............................................................................................
..........................................................................................................................

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