Tanzania Act or statute

Parliament of Tanzania

The Universities Act, 2005

academic administrationacademic qualificationsacademic staff titlesaccounting recordsaccreditationadministrationadministrative amendmentadmissionsaffiliationagreementsannual reportingapplicationapplicationsappointmentsasset disposalasset transferauditaudited accountsboard compositionboard governanceboard meetingsboard powersbudget preparationcampus activitieschartercharter approvalcharter grantingcommencementcommission administrationcommission decisionscommission powerscommittee administrationcommittee compositioncommittee governancecommittee procedurecorporate capacityCompany lawcourt proceedingsdefinitionsdelegationdisciplinary proceduresdocument authenticationdocumentary evidencedonationseducationeducation complianceemployee benefitsemployee claimsemployment continuityemployment statusemployment transitionestablishmentexecutive appointmentsfeesfinancial estimatesfinancial provisionsforeign charter approvalfundingfundsgiftsgovernancegovernment functionsgovernment guidancegrant administrationgrantsgratuityhigher educationhigher education administrationhigher education establishmenthigher education fundinghigher education governancehigher education institutionshigher education regulationinformation requestsinstitution administrationinstitution definitionsinstitution establishmentinstitution governanceinstitution registrationinstitutional approvalinstitutional complianceinstitutional coordinationinstitutional governanceinstitutional managementinternal governanceinvestmentsleadership termslegislative amendmentliability transferBusiness registrationloansmeeting governancemeeting minutesmeeting proceduremeeting representationmeeting votingname approvalnotice requirementsoffencesoffice tenureofficial dutiesofficial sealsorganizational managementpenaltiespersonal liabilitypolitical party activities on campusprivate university registrationprocedurepublic administrationpublic entity expenditurepublic financepublic institution governancepublic universitiesquality assurancequorumrecord keepingregulationsregulatory approvalregulatory approvalsregulatory complianceregulatory exemptionrepealsreportingsalary protectionsearch committeesservice continuitystaff associationsstaffingstudent administrationstudent admissionsstudent organizationsstudent statusstudent welfarestudent/staff associationssubsidiary legislation continuitytransitional provisionsuniversity administrationuniversity admissionsuniversity charter revocationuniversity complianceuniversity educationuniversity establishmentuniversity feesuniversity governanceuniversity oversightuniversity registrationuniversity regulation

Jurisdiction: Tanzania
Structure: 122 provisions
Citation: The Universities Act, 2005
Dates: Undated source snapshot

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Purpose and legislative effect

“Section 3 is headed “Interpretation” and introduces Part II on the establishment of the Tanzania Commission for Universities.”

Section 3 is headed “Interpretation” and introduces Part II on the establishment of the Tanzania Commission for Universities. The Commission has power to grant accreditation, require a self-study report, and demand a professional opinion or information. This excerpt only gives the section heading for “Other Staff of the Commission” and a reference to “Financial Provisions for the Commission”; it does not state a rule. Section 16 is titled “Funds and other resources of the Commission.” Section 18 is titled “Accounts and audit.”

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Section 3

Section 3 is headed “Interpretation” and introduces Part II on the establishment of the Tanzania Commission for Universities.

Section 3

Section 2

This Act applies to Mainland Tanzania and Tanzania Zanzibar.

Section 2

A proprietor, owner or, as the case may be, a promoter, or a

A university proprietor, owner, promoter, or sponsor may establish or declare a constituent college, but only with the required approval.

Section 33

(l) A member shall, unless his appointment is sooner terminated by the

A member normally holds office for three years, unless the Minister ends the appointment earlier or the person stops being a member; the member may be reappointed.

Section 3

Subsidiary legislation for the existing university made under any written law

Subsidiary legislation for the existing university continues to apply unless it is revoked or substituted.

Section 12

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Showing 122 of 122 provisions

Provision 102Repeal 6Commencement 5Offence 3

§ 3Section 3Interpretation

Section 3 is headed “Interpretation” and introduces Part II on the establishment of the Tanzania Commission for Universities.

3. Interpretation. PART II T a n z a n i a C o m m i s s i o n f o r U n iv e r s i t i e s (a) Establishment o f the Tanzania Commission fo r Universities

Section 3Verify source

Part

PART II

§ 8Section 8Provision

The Commission has power to grant accreditation, require a self-study report, and demand a professional opinion or information.

8. Establishment o f the Commission. Functions o f the Commission. Power to grant accreditation. Power to require self-study report. Power to demand for professional opinion or information. (b) Committees o f the Commission Committees o f the Commission.

Section 8Verify source

§ 15Other Staff o f the CommissionProvision

This excerpt only gives the section heading for “Other Staff of the Commission” and a reference to “Financial Provisions for the Commission”; it does not state a rule.

15. Other Staff o f the Commission. (c) Financial Provisions For the Commission

Section 15Verify source

§ 16Funds and other resources o f the CommissionProvision

Section 16 is titled “Funds and other resources of the Commission.”

16. Funds and other resources o f the Commission.

Section 16Verify source

§ 18Accounts and auditProvision

Section 18 is titled “Accounts and audit.”

18. Accounts and audit. 417 No. 7 Universities PART III 2005 T y p e s , C a t e g o r i e s , A w a r d s , a n d S t a f f D e s ig n a t i o n s o f a U n i v e r s i t y

Section 18Verify source

§ 4(l) There is hereby established a Commission to be known as theAmendment

This section establishes the Tanzania Commission for Universities and gives it corporate powers; the Minister may amend the First Schedule by Gazette notice.

4.-(l) There is hereby established a Commission to be known as the Tanzania Commission for Universities. (2) The Commission shall be a body corporate with perpetua* in its corporate name, be succession and a common seal and shall capable o f - (a) suing and being sued; (b) acquiring and disposing of property’; (c) borrowing money and entering into contracts or other transactions; (d) do all such other things as a body corporate may lawfully do. (3) The provisions of the First Schedule shall have effect as to the composition, term o f office o f members and other proceedings o f the Commission. (4) The Minister may by notice published in the Gazette amend the First Schedule. 426 Establi shment o f the Comirti ssion 2005 Func tions o f the Com m i ssion No. 7 Universities Jb

Section 4Verify source

§ 5(l) The functions o f the Commission shall beProvision

This section lists the Commission’s functions for higher education, including advising the Minister, regulating universities, and setting standards.

5.-(l) The functions o f the Commission shall be - (a) to advise the Minister on any aspect or matter o f University education; (b) to audit, on a regular basis, the quality assurance mechanisms o f universities; (c) to provide guidance and monitor- (i) criteria for student admission to universities in United Republic; the (ii) proposals of outlines o f academic programmes or regulations of curriculum syllabi and general submitted to the Commission by universities; (iii) the long-term staff development, scholarship and physical development strategies and programmes o f universities; planning, (iv) recurrent and developm ent budgets for public universities; (d) to collect, examine, store in data-base or data-bank and publish information relating to higher education, research and consultancy; (e) to consider and make recommendations to the Minister regarding the upgrading or downgrading o f the status o f a university; (f) to establish transfer procedures for university students who wish to be transferred from one university to another and from one programme to another; (g) to levy fees or any other form of chaige for specific services, fac ilitie s and docum ents rendered or supplied to institutions; (h) to m onitor and regulate general m anagement and performance o f universities; 421 No. 7 Universities 2005 (i) to oversee the provision by universities of essential resources for the needs o f their current academic programmes and related functions; (j) to promote - (i) the objectives of higher education, in particular, the development, processing, storage and dissemination o f knowledge for the benefit o f humanity and the harnessing o f knowledge for the production o f usable goods and services; (ii) quality assurance in higher education; (iii) noble ideals o f national unity' and identity in universities; (iv) gender equality, balance and equity; and (v) cooperation and net-working among universities within and outside the United Republic; (k) to consider applications from persons, companies, or to establish universities or and make seeking organizations programmes in recommendations to the Minister; the United Republic (1) to set standards, accredit and register all universities; (m) to regulate and standardize- (i) promotion criteria, designations and academic and senior administrative staff; titles o f (ii) schemes with standard criteria for broadening o f opportunities for persons in disadvantaged groups to secure sponsorship for higher education and to acquire requisite academ ic criteria to universities; for admission (n) to standardize, recognize and equate degrees, diplomas and certificates conferred or awarded by foreign institutions and local institutions; (o) to establish and maintain a qualifications framework for universities; 428 No. 7 Universities 2005 (p) to take part in establishing and maintaining a national qual ification framework for universities (q) to solicit for and distribute funds among universities; and (r) to do all such other acts and things as are provided for to be done by the Commission under this Act or any other written law. (2) The Minister shall, after receiving advice under paragraph (a) of subsection (1)- (a) consider and Commission; or take into account the advice o f the (b) if he does not accept the advice provide reasons in writing to the Commission within a period not exceeding three months. (3) Notwithstanding subsection (2) the Minister may act without the advice o f the Commission if - (a) the matter before him is urgent; or (b) the Commission has failed to provide the advice within the period as may be required by the Minister. (4) Where the Minister decides to act without the advice o f the Commission, he shall notify the Commission and provide reasons in writing for such action.

Section 5Verify source

§ 6(l) Subject to the provisions o f this Act no institution residentCommencement

An institution resident in Tanzania may not start or carry on university education activities unless it has statutory authority, accreditation and approved programmes, or approval by the Commission.

6.-(l) Subject to the provisions o f this Act no institution resident in the United Republic o f Tanzania shall commence or carry on university education operations, activities or functions unless the institution- Power to grant Accredi tation (a) is given statutory authority; (b) is accredited and its programmes or courses o f study are approved provisions; in accordance with ?ts enabling statutory 429 No. 7 Universities 2005 Power to require self- study report Power to demand profe ssional opinion or infor mation (c) is approved by the Commission in accordance with the provisions o f this Act. (2) The procedure for accreditation o f a university or approval under subsection (1) shall be as may be prescribed.

Section 6Verify source

§ 7The Commission shall have power to require a university toProvision

The Commission may require a university to carry out a self-study and academic audit and to prepare and submit a report in the prescribed manner.

7. The Commission shall have power to require a university to conduct a self-study and academic audit covering the institution in general and the programmes and awards o f the institution in particular and prepare and submit the report in the manner as may be prescribed.

Section 7Verify source

§ 8(l) Without prejudice to any other written law, the CommissionOffence

The Commission may require a higher education institution to provide professional opinion or information, and the institution must respond through an evaluation report. Giving false or unreasonably withheld information is an offence punishable by a fine of shillings 1,000,000/=.

8.-(l) Without prejudice to any other written law, the Commission shall have power to demand professional opinion or such information from any higher education institution when considering courses of study or programmes, self-study reports or any other matter in the exercise o f its powers and performance o f its functions provided for under this Act. (2) A higher education institution from which opinion or information is demanded shall advise the Commission through an evaluation report on the course o f study and programme or the self-study or academic audit concerning a specific institution, programme or award. (3) A higher education institution which - (a) fails without reasonable cause to provide professional opin ion or information as demanded by the Commission; or (b) knowingly provides wrong, false or invalid opinion or information to the Commission, constitutes an offence on the pait o f the officer incharge o f the default ing institution and is liable to a fine o f shillings 1,000,000/=. (b) Committees o f the Commission

Section 8Verify source

§ 9(l) There shall be established an Accreditation Committee,Provision

The Commission must establish specified committees, set their membership structure, and may create other committees, delegate functions, and determine committee terms and conditions.

9.-(l) There shall be established an Accreditation Committee, Grants Committee, and Admissions Committee to perform such advisory functions as the Commission may require. Com m i ttees o f the Com m i ssion 430 No. 7 Universities 2005 (2) The membership o f each Committee under subsection (1) shall include- (a) a chairman who shall be appointed by the Commission from amongst its members; and (b) not less than three and not more than five members who shall be appointed by the Chairman o f the Commission upon the approval o f the Commission. (3) Each Committee may co-opt for a particular purpose any person to be a mem ber o f the Committee and any member so co-opted shall not have the right to vote during the deliberations o f the Committee. (4) The Commission may establish such other committees and may delegate to such committees functions as the Commission may deem appropriate to delegate. (5) The term of office and other conditions o f the Committees o f the Commission shall be as may be determined by the Commission.

Section 9Verify source

§ 10Section 10Provision

The Accreditation Committee must advise the Commission on quality promotion, quality assurance, accreditation, and related higher-education matters.

10. The Accreditation Committee shall advise the Commission on the performance o f its functions o f quality promotion, quality assurance, and accreditation o f institutions, programmes, awards and on matters associated therewith particularly on - A ccredi tation C o m m i ttee (a) setting general standards o f quality and quantity o f contents of programmes o f and mode o f their execution by universi ties at their respective levels and categories; (b) promotion of - (i) quality assurance standards in university; (ii) linkage programmes o f universities and short-term and long-term national developm ent objectives, strategies and plans in higher education; (iii) involvement o f stakeholders in the fostering o f diversity, relevance and quality o f education, research and expert public service or consultancy and modes of execution or delivery thereof; 431 No. 7 Universities 2005 (c) auditing o f the quality assurance requirem ent and mechanisms o f universities; (d) accreditation o f - (i) universities and programmes; (ii) centres of excellence and their programmes; (e) evaluation o f qualifications of staff of universities: (f) coordination and harm onization o f courses and programmes in universities; (g) general matters related to higher education, training and research including strategies to improve the framework and processes o f higher education at all its levels; (h) standardization, recognition and equivalency o f awards of universities; (i) procedures for transferring grades o f students changing or moving from one institution to another of the same or equivalent category and or level for courses offered in universities; (j) visitation and inspection o f universities; (k) criteria for recognition o f equivalence o f qualifications and awards obtained from, granted or conferred by any foreign university o f a named, stated or acknowledged category or level with qualifications and awards obtained from, granted and or conferred by universities o f the corresponding category or level in Tanzania; (1) individual and institutional applications for grant o f recognition of any local and or foreign university; and (m) any other matter on accreditation and quality assurance as the Commission may require. 432 2005 Grants Com m i ttee No. 7 Universities

Section 10Verify source

§ 11(l) The Grants Committee shall advise the Commission onProvision

The Grants Committee must advise the Commission on university funding, fees, access, budgeting guidelines, and related grant administration matters.

11.-(l) The Grants Committee shall advise the Commission on- (a) the funding o f and distribution o f public funding among public and private universities; (b) the assessment o f financial needs o f public and private universities; (c) the apportioning c f higher education costs between the Government and individual students; (d) the provision o f guidelines to budgeting norms and resources allocation for public and private universities; (e) the making o f recommendations on or o f strategies for broadening the financial resource base o f institutions; (f) the regulation o f various fees charged by universities; (g) the promotion o f increased access o f meriting students to higher education institutions through development o f new, additional or expanded channels, sources or means o f funding o f higher education especially for women, the disabled and other persons in other disadvantaged groups; (h) the performance o f such other advisory functions as the Commission may prescribe. (2) Where the Commission or the Ministry offers to a university grants for the promotion o f higher education generally or for the performance o f any specific activity or task or fulfilling any purpose, the Grants Committee shall advise the Commission regarding the criteria, procedure, conditions or objectives and methods to be adopted in the administration o f such grants so as to ensure job quality, cost-effectiveness, efficiency, transparency, fairness and gender equity.

Section 11Verify source

§ 12(1) The Admissions Committee shall advise the CommissionProvision

The Admissions Committee must advise the Commission on university admissions matters.

12.-(1) The Admissions Committee shall advise the Commission on matters concerning admission o f students to universities. (2) Subject to sub-section (1), the Admissions Committee shall advise the Commission on - A dm i ssions Commi ttee 433 No. 7 Universities 2005 (a) the coordination o f admissions to higher education institutions within and outside the country; (b) conditions for admission to different categories o f universities; (c) central admission services to universities; (d) the development o f channels and a mechanism for increas ing admissions and provision of scholarships in critical skills areas; (e) the promotion o f cooperation and links between and among universities; (f) dissemination of information relating to higher education, training, research and consultancy; (g) development of strategies for curbing cheating and forgery in higher education; and (h) any other matters as the Commission may prescribe. (c) Sta f f o f the Commission Execu tive Secretary

Section 12Verify source

§ 13(1) There shall be the Executive Secretary o f the CommissionProvision

The Commission appoints an Executive Secretary through public advertisement and interviews. The Executive Secretary must be chosen from qualified, skilled and competent persons and serves as the Commission’s chief executive officer.

13.-(1) There shall be the Executive Secretary o f the Commission who shall be appointed by the Commission from amongst persons with qualifications, skills and competence through procedures involving public advertisement and interviews for the post. (2) The Executive Secretary shall be the chief executive officer o f the Commission responsible to the Commission for the management of the day-to-day operations o f the Commission and its Committees, and for earn ing out such functions as the Commission shall prescribe. Deputy Execu tive Secretary

Section 13Verify source

§ 14(1) The Commission may appoint a Deputy ExecutiveProvision

The Commission may appoint Deputy Executive Secretaries, set their terms and number, and a Deputy Executive Secretary must act for the Executive Secretary and do any other duties directed.

14.-(1) The Commission may appoint a Deputy Executive Secretary or Deputy Executive Secretaries from amongst senior public officers with qualifications, relevant experience, skills and competence on such terms and conditions as the Commission may determine. (2) The number o f Deputy Executive Secretaries shall be as may be determined by the Commission upon the recommendation o f the Executive Secretary. 434 No. 7 Universities 2005 (3) The Deputy Executive Secretary shall deputize for the Executive Secretary and perform the functions o f the Executive Secretary’ and any such other duties as the Executive Secretary or the Commission may direct.

Section 14Verify source

§ 15The Commission shall have power to appoint such number o fProvision

The Commission may appoint additional Commission staff as needed.

15. The Commission shall have power to appoint such number o f other staff o f the Commission as it may deem necessary to assist the Executive Secretary in the proper and efficient conduct of the business and activities o f the Commission. Other Staff o f the Com m i ssion (d) Financial Provisions fo r the Commission

Section 15Verify source

§ 16The funds and other resources o f the Commission shall includeProvision

The Commission’s funds and resources include parliamentary appropriations, service fees, donations, loans, gifts, grants, and investment income.

16. The funds and other resources o f the Commission shall include: (a) such monies as may be appropriated by Parliament; (b) fees charged by the Commission for its services; (c) donations, loans, gifts, grants from any source within or outside the United Republic; and (d) funds accruing from investments by the Commission. Funds and other resour ces o f the Com m i ssion

Section 16Verify source

§ 17(1) The Commission shall prepare its income and expenditureProvision

The Commission must prepare annual income and expenditure estimates, send them to the Minister, and the estimates must be approved by the National Assembly before spending happens.

17.-(1) The Commission shall prepare its income and expenditure estimates for the succeeding financial year and submit them to the Minister for scrutiny and submission to the National Assembly for approval. Annual estima tes (2) The annual estimates shall make provision for all the estimates o f expenditure of the Commission for the financial year which shall include- (a) the cost o f administration o f the Commission, including payment of salaries, allowances, pensions, gratuities and other charges payable to the officers, staff and members of the Commission; (b) the payment o f remuneration to the members o f the Commission; (c) the maintenance of any property vested in the Commission; 435 No. 7 Universities (d) fees and other charges for services rendered to the Commission. (3) No expenditure shall be incurred for the Commission except in accordance with the annual estimates approved under sub-section (1). (4) Notwithstanding subsection (3), additional expenditure may be incurred for the Commission in accordance with such supplementary income and expenditure estimates prepared by the Commission as may be approved by in accordance with sub-section (1). the National Assembly Accounts and audit

Section 17Verify source

§ 18(1) The Commission shall keep books o f account and maintainProvision

The Commission must keep proper accounts and records, have them audited, and send annual reports through the Executive Secretary and Minister within the stated time limits.

18.-(1) The Commission shall keep books o f account and maintain proper records in relation to its operations in accordance with professionally acceptable accounting principles. A ct No. 6 o f 2001 (2) The books o f account and records of the Commission shall be audited by such competent authorized auditors in accordance with the provisions of the Public Finance Act, 2001. (3) The Executive Secretary' shall at the end of every financial year prepare and submit to the Commission a report on the operations and audited account f the Commission. (4) The Commission shall, within six months after the end o f the financial year, submit the annual report to the Minister, who shall lay it before the N**' *nal Assembly. PART III T y p e s , C a t e 3 0 r i e s , A w a r d s a n d S t a f f D e s ig n a t i o n s o f a U n i v e r s i t y Types and cate gories o f universi-

Section 18Verify source

§ 7Section 7Commencement

Existing University must comply with this Act within 18 months from commencement.

7. Existing University shall within 18 months from the date o f com m encem ent o f this Act, com ply with the provisions o f this Act.

Section 7Verify source

§ 8Section 8Provision

The existing university’s assets and liabilities vest in the university and university council from the effective date.

8. All assets and liabilities o f the existing university shall, w'ith effect from the effective date and without further assurance vest in the university and the university council.

Section 8Verify source

§ 9Section 9Commencement

The existing university must carry out its functions under this Act, and students enrolled immediately before commencement keep their student status.

9. The existing university shall perform its functions in accordance with the provisions o f this A ct, and enrolled students immediately before the com m encem ent o f th is A c t sh a ll continue to be students o f the university.

Section 9Verify source

§ 10(1) A n em ployee o f the existing university shall with effect from the effectiveProvision

An employee of the existing university must continue under the service terms in this Act or its regulations, and prior service counts as continuous for gratuity or other benefits.

10.-(1) A n em ployee o f the existing university shall with effect from the effective the em ployee o f the existing university under the terms and date continue to be conditions o f service as stipulated under this Act or regulations made under this Act. (2) For the purpose o f calculating a gratuity or other benefits o f an em ployee o f the university the service o f that regarded as continuous . em ployee with the existing university shall be

Section 10Verify source

§ 11Section 11Provision

An instrument signed by the existing university is treated as the university’s valid instrument for the purpose it was made for.

11. An instrument to which the existing university is a party shall be deemed to be the valid instrument o f the university for purposes for which it was made.

Section 11Verify source

§ 12Subsidiary legislation for the existing university made under any written lawSubstitution

Subsidiary legislation for the existing university continues to apply unless it is revoked or substituted.

12. Subsidiary legislation for the existing university made under any written law shall, unless revoked or substituted, continue to apply to the university as if it was made under this Act. Passed in the National Assembly on the 13th April, 2005 D a m ia n S. F o k a , Clerk o f the National Assembly 476

Section 12Verify source

Part

PART III

§ 20Awards and designations o f staff o f a universityProvision

Section heading for awards and designations of university staff.

20. Awards and designations o f staff o f a university. PART IV E s t a b l i s h m e n t o f a U n i v e r s i t y

Section 20Verify source

§ 19(1)Provision

Universities may affiliate colleges or institutes as branches, and a constituent college cannot award degrees in its own name.

19.-(1) Subject to the provisions o f this Act, there shall be recognized public universities and private universities which shall be established in the categories or levels as follows- (a) universities; (b) university based campus colleges, constituent colleges, connected colleges and institutes, centres or directorates. 436 No. 7 Universities 2005 (2) A university may affiliate or adopt as its branch, in accordance with its charter and this Act, and a college or an institute so affiliated or adopted shall be known as- (a) a constituent college; (b) a connected college; (c) a campus college; (d) a campus institute; (e) an adopted college; or (f) an affiliated colleges. (3) It shall be lawful for- (a) a constituent college to be established or declared as such by competent authority under an enabling legal instrument and to grant it autonomy, legal personality, a common seal and all the other attributes, rights and privileges appurtenant to a body corporate with perpetual succession, except that the college shall have no right to grant or confer awards other than the awards o f and in the name o f the university to which the college is affiliated; its enabling in accordance with (b) a connected college to retain its separate legal status or legal personality instrument, except that the college shall depend on the university to which it is affiliated for the approval o f its academic programmes, courses and awards, including student entry qualifications, course syllabi and examination rules and it shall have no right to grant or confer awards other than the awards o f and in the name o f the university to which the college is affiliated; (c) a campus college and a campus institute to operate fully within the institutional or structural framework o f the university to which it is affiliated, and be governed by the provisions o f the enabling legal instrument, and grant and confer awards in the name o f that university without the rights and privileges associated with separate legal personality other than the legal personality o f the University to which the college or, as the case may be, the institute is affiliated; 437 No. 7 Universities 2005 Awards and des ignations o f stafY o f a uni versity- (d) an associate college, institute, school, centre or, as the case may be, directorate to retain its independent and separate legal personality or status, its academic or professional and operational autonomy. (4) A university shall have power to render to the associate institution academic and or professional guidance and supervision by overseeing the maintenance o f the highest standards in the running of the academic or professional programmes or courses o f study, including arrangements, facilities and financial provisions for teaching, quality’ assurance and regular curriculum review. (5) The mode o f affiliation between a public university and a private university shall be provided for under the regulations.

Section 19Verify source

§ 20(l) An accredited and registered university shallProvision

An accredited and registered university must award specified qualifications in its own name, use the listed academic staff designations, and provide for the position of Professor Emeritus.

20.-(l) An accredited and registered university shall- (a) award in its name certificates, diplomas, degrees, postgraduate diplomas, postgraduate degrees and honorary degrees in accordance with its programmes o f study and the enabling legal instrument made in accordance with the provisions of this Act and or any other written law; (b) have, subject to the provisions o f this Act, the following designations for its academic staff, signifying their order of seniority in rank as follows - (i) Professor or Research Professor; (ii) Associate Professor or Associate Research Professor; (iii) Senior Lecturer or Senior Research Fellow; (iv) Lecturer or Research Fellow; (v) Assistant Lecturer or Assistant Research Fellow; (vi) Tutorial Assistant; (vii) Library- Professor or Associate Library Professor; (viii) Senior Librarian; (ix) Librarian or Assistant Librarian. (c) make provision for the position o f Professor Emeritus. 43H No. 7 Universities 2005 (2) Awards and designations of the academic staff of a university shall apply to a university college. PART IV E s t a b l i s h m e n t o f a U n i v e r s i t y

Section 20Verify source

Part

PART IV

§ 21Establishment o f a university by charterProvision

This section is about establishing a university by charter.

21. Establishment o f a university by charter.

Section 21Verify source

§ 22Procedure for establishment of a universityProvision

This section concerns the procedure for establishing a university.

22. Procedure for establishment of a university.

Section 22Verify source

§ 24Application for grant o f accreditation and charterProvision

This section is titled "Application for grant of accreditation and charter."

24. Application for grant o f accreditation and charter.

Section 24Verify source

§ 25Granting o f charter to a private institutionProvision

Section 25 is titled “Granting of charter to a private institution.”

25. Granting o f charter to a private institution.

Section 25Verify source

§ 26Effect of granting and publication o f charterProvision

Section title only: it refers to the effect of granting and publication of a charter.

26. Effect of granting and publication o f charter.

Section 26Verify source

§ 27Application for approval o f a foreign charterProvision

This section is about applying for approval of a foreign charter.

27. Application for approval o f a foreign charter.

Section 27Verify source

§ 31President may delegate powers relating to chartersProvision

The President may delegate powers relating to charters.

31. President may delegate powers relating to charters.

Section 31Verify source

§ 32Annual report and audited accounts o f a universityProvision

Section 32 concerns the annual report and audited accounts of a university.

32. Annual report and audited accounts o f a university.

Section 32Verify source

§ 33Constituent colleges and affiliation to a universityProvision

This section is titled “Constituent colleges and affiliation to a university” and sits in Part V on the administration of a university.

33. Constituent colleges and affiliation to a university. PART V A d m i n i s t r a t i o n o f a U n i v e r s i t y (a) The Chancellor and other Senior Officers

Section 33Verify source

§ 21Section 21Provision

A person must not provide university education unless granted a charter or approval of a charter under the Act.

21. No person shall provide university education unless that person has been granted accordance with the provisions o f this Act. a charter or approval o f a charter in Establi shment o f a uni versity by char ter Proce dure for estab lishment o f a uni versity

Section 21Verify source

§ 22(l) Any person wishing to establish a university in the UnitedProvision

A person wanting to establish a university in Tanzania must apply to the Commission in the prescribed form for a charter.

22.-(l) Any person wishing to establish a university in the United Republic of Tanzania shall submit an application in the prescribed form to the Commission for a grant o f a charter. (2) An ap plication m ade under sub-section (1) shall be accompanied by - (a) a time table or action plan indicating steps to be taken over a period o f three years from the date o f establishing the institution towards the realization o f the objects of the institution; (b) a draft o f the charter containing - (i) the name o f the university; (ii) the proposed the aims and objects for which university is to be established including a clear statement on gender and opportunities for persons from disadvantaged groups; (iii) the membership and form of governance o f the proposed institution making clear provisions for gender balance; (iv) the extent to which, and the form and manner in which, regulations may be made and published by such body o f the university as may be specified for the better functioning o f the institution; 439 No. 7 Universities 2005 (v) the financial control over income and expenditure and the adm inistrative control over other forms o f property o f the institution; (vi) an outline o f the academic programmes intended to be conducted by the institution which shall be expressly gender mainstreamed; (vii) the academic facilities including library services and equipment proposed for the academic programmes and the manner in which they are to be maintained with express provisions for persons with common physical disabilities o f sight, hearing and movement; (viii) existing or proposed human resources, including academic and senior administrative staff, indicating provision for promotion o f gender balance and equality; and (ix) existing or proposed physical infrastructure, indicating special consideration for gender and persons with common physical disabilities o f sight, hearing and movement. (3) The Commission may on receipt o f the application made under sub-section (1), organize a meeting or series o f meetings with the applicant to verify the resources and information given with the application.

Section 22Verify source

§ 23The Commission may upon its satisfaction o f the contents ofProvision

The Commission may issue a provisional licence if it is satisfied with the institute’s draft charter and action plan, and on prescribed terms, conditions, and procedures.

23. The Commission may upon its satisfaction o f the contents of the draft charter and action plan o f the institute issue provisional licence upon such terms, conditions and procedures as may be prescribed.

Section 23Verify source

§ 24( 1) A university, being a holder o f a provisional licence, for notProvision

A university that has held a provisional licence for at least three years may apply to the Commission for accreditation and a charter.

24.-( 1) A university, being a holder o f a provisional licence, for not less than three years, may apply to the Commission for the grant of accreditation and charter. (2) An application for the grant o f accreditation and a Charter shall, in addition to any other details that the Commission may in each case specify, be accompanied by- Provi sional licence Applica tion for grant o f accredi tation and char ter 440 No. 7 Universities 2005 (a) all information required for application of a provisional licence; (b) a list and academic qualifications of the academic staff and senior administrative staff in full-time employment o f the institution; (c) a list o f the total number o f students that have been enrolled in each programme o f instruction being offered at the institution; (d) precise information on availability o f library facilities, including the size, quality and quantity o f the equipment provided the institution; in each programme o f instruction by (e) a statement o f the financial resources available for the institution certified by a qualified exclusive use of the accountant; (f) an inventory o f the physical facilities including land available for the exclusive use o f the institution; (g) the names, addresses and status o f the proprietors or owners or, as the case may be, promoters or sponsors o f the institution; and (h) any other information as the Commission may require in writing.

Section 24Verify source

§ 25(l) The Commission may, after consideration o f application inProvision

The Commission may recommend granting a university charter to the Minister after considering an application, the Minister must refer the matter to the President, and the Charter must be published in the Gazette.

25.-(l) The Commission may, after consideration o f application in the manner as may be prescribed, make recommendation to the Minister for granting o f a charter to the university. Granting o f char ter (2) The Minister shall after receiving recommendations under subsection (1) refer the matter to the President who shall grant a charter to the university. (3) The Charter granted under this section shall be published in the Gazette. 441 No. 7 Effect o f granting and publica tion o f charter Universities 2005

Section 25Verify source

§ 26The university to which the charter is granted in terms ofProvision

The chartered university is treated as a body corporate and may carry out stated corporate acts, including suing or being sued, dealing with property, and entering contracts.

26. The university to which the charter is granted in terms of section 25 shall - (a) be a body corporate with perpetual succession and a common seal and may sue or be sued in its corporate name and may for and in connection with its objects and fimctions- (i) purchase, hold, mortgage and dispose o f any property whether movable or immovable; (ii) enter into any contract or transaction as may be expedient; and do any other act or thing as bodies corporate may lawfully do; and (iii) subject to the provisions o f section 6, be registered by the Commission as a fully accredited institution; (b) have its certificates, diplomas, degrees and other academic awards recognized as o f comparable and o f equivalent merit with those of other accredited university institutions in Tanzania. Applica tion for approval o f a Charter

Section 26Verify source

§ 27(l) A university incorporated, registered and authorized, inProvision

A foreign university may apply for approval of its charter and local registration, but it must file specified supporting documents; the Commission reviews the application, the Minister refers it, the President may approve it, and the Commission then registers the institution as a private university.

27.-(l) A university incorporated, registered and authorized, in accordance with the relevant law, to carry' on higher education operations, activities or functions outside the United Republic may apply to the Commission for approval of its foreign charter and for local registration in the United Republic of Tanzania. (2) The application to the Commission under sub-section (1) shall be accompanied by- (a) the charter, memorandum and articles of association or, as the case may be, the constitution o f the applicant; (b) an outline o f academic programmes or courses o f study to be offered by the university' and a quality assurance system; (c) information on an established local academic committee and an administrative mechanism for the effective and efficient operationalisation locally o f such academic programmes or courses o f study o f the institution and the 442 No. 7 Universities 2005 carrying out o f the day-to-day administration o f the programmes and related operations o f the institution in Tanzania in accordance with the provisions o f this Act; (d) the form of governance through which the academic and administrative affairs of the institution are to be conducted; (e) proposed human resources including academic and senior administrative staff; (f) existing or proposed physical infrastructure; (g) academic facilities including library services and the size, quality and quantity o f the equipment provided for in each programme o f instructions by the institution; (h) necessary policy documents as prescribed by the Commission; and (i) any other information which the Commission in the exercise o f its powers under this Act, may require. (3) The Commission shall consider the application and upon being satisfied that the applicant is capable o f running a university institution in Tanzania, shall- (a) advise the applicant to have its charter, memorandum of association or, as the case may be, constitution reflect or comply with the laws and practices o f Tanzania; (b) cause or advise the applicant to obtain a certificate o f compliance under the relevant law; and (c) accredit the applicant institution and submit the application its own for approval o f a charter recommendations to the Minister who shall refer the matter to the President for approval. together with (4) The President may, if he is o f the opinion that the grant or approval o f the foreign charter to the applicant institution may be of benefit to the development of higher education in the United Republic, approve the foreign charter either in the form in which it is submitted to him or in such modified form as he may consider appropriate. 443 No. 7 Universities 2005 (5) After the granting or approval of a charter, under subsection (4) the Commission shall cause the applicant to be duly registered as a private university in the manner as may be prescribed. Prote ction o f names

Section 27Verify source

§ 28(l) Notwithstanding any other written law. no public officerOffence

Public officers handling university or institution registration must not accept a name that is identical or confusingly similar to a chartered or approved private or public university name.

28.-(l) Notwithstanding any other written law. no public officer performing functions relating to the registration o f universities or other institutions shall accept for registration a name which is identical to. or so similar as to be liable to confuse the public with, the name of a private or public university to which a charter has been granted or approved in accordance with the provisions of this Act (2) A person who contravenes subsection (1) commits an offence and is liable to a fine not exceeding 2.000.000/= shillings or to imprisonment for a term not exceeding twelve months or to both such fine and imprisonment. R evoca tion o f a Charter

Section 28Verify source

§ 29(l) The President may, subject to the prescribed procedure andProvision

The President may revoke a university charter, but only through the prescribed procedure and on the Commission’s recommendation through the Minister.

29.-(l) The President may, subject to the prescribed procedure and upon the recommendation o f the Commission through the Minister, revoke a charter issued under this Act if - (a) it is evident that the university institution is not earn ing on its functions in a proper manner; (b) the institution is in breach o f its charter; (c) it is in the interest o f higher education to revoke the Charter. (2) Where a Charter is revoked under sub-section (1), the Minister shall, as soon as practicable. b> notice, publish the revocation in the Gazette and thereafter the private university shall cease to be a university at the expiry of one year from the date o f the publication of the notice. (3) The revocation of a charter shall not affect the validity of the awards previously granted or conferred by the institution in question when still a recognized university under this Act. (4) Where the charter is revoked under this section the Commission shall make arrangement for re-admitting o f existing students in some other universities. 444 No. 7 Universities

Section 29Verify source

§ 30The President may upon the recommendation o f the Minister,Provision

The President may vary a charter’s provisions if recommended by the Minister and satisfied the change is in the public interest or would help the university operate more efficiently.

30. The President may upon the recommendation o f the Minister, vary' the provisions o f a charter if he is satisfied that the variation is in the interest o f higher education in the United Republic or it may assist the university applying for grant o f a charter to operate in a more efficient and effective manner.

Section 30Verify source

§ 31The President may, by notice published in the Gazette, delegateProvision

The President may delegate the powers given to him under this Part to the Minister, by notice in the Gazette.

31. The President may, by notice published in the Gazette, delegate the powers conferred upon him under this Part to the Minister, subject to such lim itations or conditions as the President may deem appropriate.

Section 31Verify source

§ 32A university shall prepare and submit to the Commission anProvision

A university must submit an annual report to the Commission about its operations and audited accounts.

32. A university shall prepare and submit to the Commission an annual report on the operations and audited accounts of the institution including- (a) a detailed evaluation o f its academic activities and the extent to which the prescribed institutional standards are met; and (b) a statement o f the assets and liabilities o f the institution and its audited accounts.

Section 32Verify source

§ 33A proprietor, owner or, as the case may be, a promoter, or aProvision

A university proprietor, owner, promoter, or sponsor may establish or declare a constituent college, but only with the required approval.

33. A proprietor, owner or, as the case may be, a promoter, or a sponsor o f a university may, with the approval o f the Commission- (a) establish any college or institution as a constituent college o f the university; and (b) declare an institution other than a university, as a con stituent college o f the University after obtaining approval o f the institution. PART V A d m i n i s t r a t i o n o f a U n i v e r s i t y (a) The Chancellor and other Senior Officers 2005 29 Variation o f a charter President may de legate powers relating to Charters Annual report and audited accounts o f a univer sity Consti tuent colleges and affi liation to a uni versity

Section 33Verify source

Part

PART V

§ 44Composition o f Council or Governing BoardProvision

This section is about the composition of a council or governing board.

44. Composition o f Council or Governing Board. 418 No. 7 Universities 2005

Section 44Verify source

§ 45Functions and powers o f Council or Governing BoardProvision

Section heading only: Functions and powers of the Council or Governing Board.

45. Functions and powers o f Council or Governing Board.

Section 45Verify source

§ 46Composition o f Senate or Academic CommitteeProvision

Section 46 is titled “Composition of Senate or Academic Committee.”

46. Composition o f Senate or Academic Committee.

Section 46Verify source

§ 47Functions of Senate or Academic CommitteeProvision

Section heading for the functions of the Senate or Academic Committee.

47. Functions of Senate or Academic Committee. C o n v o c a t i o n s , S t a f f A s s o c i a t i o n s a n d S t u d e n t s ’ O r g a n i z a t i o n s , A d m i n i s t r a t i o n a n d W e l f a r e PART VI

Section 47Verify source

§ 34A university shall be headed by a Chancellor or equivalentProvision

A university must be headed by a Chancellor or an equivalent designation.

34. A university shall be headed by a Chancellor or equivalent designation who shall have such functions as are conferred upon him by this Act. The Chance llor

Section 34Verify source

§ 35(l) The Chancellor o f a public university shall be appointed byProvision

This section says how a university Chancellor is chosen, what the office does, and how long the term lasts.

35.-(l) The Chancellor o f a public university shall be appointed by the respective President- 445 Appoint ment and tenure o f office o f Chance llor No. 7 Universities 2005 (a) from among a list o f three candidates proposed by the Council o f a public university upon the recommendation o f search committees; and (b) upon such terms and conditions as the President may prescribe. (2) The Chancellor or a person o f equivalent designation o f a private university shall be appointed or elected by the proprietor, owner or, as the case may be a promoter or sponsor of the university in such manner as shall be provided for in the charter o f the university granted or approved in accordance with the provisions o f this Act. (3) The Chancellor or a person o f equivalent designation shall- (a) be a person o f outstanding administrative experience; integrity, academic and (b) be a head o f the university and, in the name o f the university’, confer degrees, and grant diplomas, certificates and other awards of the university; (c) have such other non-executive functions and privileges as the President, or, as the case may be the proprietor or owner or promoter or sponsor shall deem appropriate to provide for under the relevant charter. (4) The term o f office o f a Chancellor shall be for such specific period as shall be specified in the charter o f the university. (5) Notwithstanding subsection (5) where a Chancellor is the President the term of the office as a Chancellor shall cease upon his cessation to hold the office as a President. Vice Chance llor

Section 35Verify source

§ 36(l) The chief executive officer o f a university shall be called aProvision

The chief executive officer of a university is called the Vice-Chancellor, and the Vice-Chancellor is appointed by the relevant appointing authority with Council involvement.

36.-(l) The chief executive officer o f a university shall be called a Vice-Chancellor or equivalent designation. (2) The Vice Chancellor shall be appointed- (a) in the case o f a public university, by the Chancellor upon the advice o f the Council; and 446 No. 7 Universities 2005 (b) in the case o f a private university, by a proprietor or owner the case may be, promotor or sponsor after or, as consultation with the Council. (3) A Vice- chancellor shall be appointed from a list o f three candidates who have attained the status o f professor or associate professor or senior academician on the basis o f a search committee's recommendation or through a procedure o f public advertisement for the post and, upon such terms and conditions as the Chancellor may prescribe upon the advice of - (a) the Council o f the university; or (b) a proprietor, owner, promoter, or sponsor's after consultation with the Council. (4) A Vice-Chancellor shall - (a) be the principal academic and administrative officer of a university; (b) be responsible to the Council for the implementation o f the decisions of the Council; (c) have such other functions as are conferred upon him by this Act, the enabling legal instrument or charter o f the university or as may be prescribed. (5) A Vice Chancellor o f a public university shall hold office for a term o f five years and may be re-appointed consecutively for one more term of five years.

Section 36Verify source

§ 37(l) There shall be a Deputy Vice-Chancellor or DeputyProvision

The provision sets out how Deputy Vice-Chancellors and university college Principals are appointed and what roles they must perform.

37.-(l) There shall be a Deputy Vice-Chancellor or Deputy Vice-Chancellors, or equivalent designation o f a university. (2) The number o f Deputy Vice-Chancellors shall be as may be provided for in the enabling legal instrument or charter or, as the Council of a University may, upon the recommendation o f the Vice-Chancellor, prescribe. Deputy Vice- Chance llor 447 32 No. 7 Universities 2005 (3) A Deputy Vice-Chancellor shall: (a) be appointed by the Chancellor, on the advice o f the Council or, as the case may be, by the proprietor or owner, promotor or sponsor after consultation with the Council. (4) Subject to subsection (3) a Deputy Vice- Chancellor shaii- (a) be appointed from a list o f three candidates who have attained the status of professor or associate professor or its equivalent in either teaching or research or both teaching and research and who have outstanding academic and administrative experience and capability in the area o f higher education; and (b) hold office for such a period o f years as shall be specified in the university's enabling legal instrument or charter and may be re-appointed for one term o f such years provided that, for a public university, such a period shall be four years. (5) A Deputy Vice chancellor shall- (a) be responsible to, the chief advisor of, and assistant to the Vice-Chancellor in respect o f such matters o f the University as shall be assigned to him or his office and as may be prescribed; and (b) in the absence o f the Vice-Chancellor, deputize for the Vice Chancellor; and (c) have such other functions as are conferred upon him by this Act or as may be prescribed. (6) Notwithstanding sub-section (5)(b), where there are two or the Deputy Vice Chancellor the more Deputy Vice-Chancellors, responsible deputize Vice-Chancellor during the Chancellors absence from office. for Academic matters shall for 3 8 .-0 ) There shall be a Principal or equivalent designation for each university’ college. Principal o f a uni versity college 448 No. 7 Universities 2005 (2) The Principal o f a university college shall- (a) be recommended by the Senate from a list o f three professors or associate professors or officers of equivalent status or designation; and (b) be appointed by the Chancellor on the advice o f the Council or, as the case may be, o f the proprietor or owner, promoter or sponsor, after consultation with the Council o f the university college to which the college is affiliated, and upon such terms as are provided for under the enabling legal instrument or charter o f the university college or any other applicable written law or as may be prescribed. i (3) A Principal shall hold office for such term as shall be specified in the enabling legal instrument or charter o f the university to which the college is affiliated if the college is a campus college or a constituent college, or in the enabling legal instrument o f the college concerned, and may be re-appointed for one such further term o f years. (4) A principal o f a public university college shall hold office for a term o f four years and may be re-appointed for one more term o f four years. (5) A principal appointed under this section shall- (a) be the academic and administrative head o f the university college, and have such powers and duties as are prescribed for principals o f the type and category o f universities to which his institution belongs under this Act, any other written law or as may be prescribed by regulations o f the relevant principal organ o f governance o f his institution; (b) in the case o f u n iv ersity colleges, o th er than connected colleges, be responsible to the Vice- Chancellor, the Governing Board and the Council in respect o f all m at ters concerning the university college; 449 No. 7 Universities 2005 (c) in the case of connected colleges, be responsible to the Vice Chancellor, the Governing Board and the Council in respect o f all academic matters o f the connected college;

Section 37Verify source

§ 39(l) There shall be Deputy Principals or equivalent designationProvision

Every university college must have Deputy Principals or an equivalent designation, and their appointment, powers, duties, and term of office are to follow the institution’s rules, the law, and prescribed approvals.

39.-(l) There shall be Deputy Principals or equivalent designation for every university college, appointed in such manner and upon such terms and conditions as are provided for under the enabling legal instrument of the institution or written law or as the Council or, as the case may be, the Governing Board may prescribe. Deputy Princi pals (2) The Deputy Principal o f a university college shall be recommended by the Senate from a list o f three professors or associate professors and appointed by the Chancellor on the advice o f the Council, or, as the case may be, the proprietors or owners, promoters or sponsors after consultation with the Council o f the university to which the college is affiliated. (3) The number o f Deputy Principals shall be such as may be the enabling legal instrument, or, Council o f the prescribed by university or the Governing Board o f the university college. (4) In appointing a Deputy Principal the appointing authority shall have regard to the recommendation of the Principal and the advice of the Senate or, the Academic Committee. (5) A Deputy Principal shall- (a) be responsible to, the chief advisor of, and assistant to the Principal in respect of all academic or administrative matters o f the college; (b) have such powers as the Principal may in writing delegate to him; (c) in the absence o f the Principal, deputize for the Principal in such matters as the Principal or regulations may specify; (d) have such other powers, duties and functions as are conferred upon him by this Act or as may be prescribed under any other written law or relevant regulations. (6) Where there are two or more Deputy' Principals, the Deputy 450 No. 7 Universities 2005 Principal responsible for academic matters shall deputize for the Principal during the Principal's absence from office. (7) A Deputy Principal shall hold office for such a period o f years as shall be specified in the enabling legal instrument or charter o f the relevant institution and may be re-appointed for one more such term o f years, except that for a public university college, such a period shall be three years.

Section 39Verify source

§ 40(l) The Director or equivalent designation shall be the chiefProvision

This section says who serves as chief executive officer for a university-based institute, center, or directorate, and it lets the Commission allow a principal instead in a limited case.

40.-(l) The Director or equivalent designation shall be the chief Director executive officer o f a University based institute, center or directorate. (2) Notwithstanding subsection (1), o f this section where a university-based institute is registered to run in Tanzania, degree programmes of a recognized foreign university which are accredited by the Commission, it shall be lawful for the Commission to grant permission for the chief executive officer o f such an institution to be a Principal or equivalent designation. (3) The Director shall be appointed in the case o f a university-based institute, centre or directorate and the like, by the Chancellor, from a list o f three academic members o f staff o f the rank o f senior lecturer or senior research fellow or equivalent status or designation and upon recommendation by the Senate or Academic Committee and the Council or Governing Board, as the case ma> be, on the basis o f a search committee's recommendation or the results o f a procedure involving public advertisement and interviews for the post, processed through the Senate and the Council or, the Academic Committee and the Governing Board.

Section 40Verify source

§ 41(1) There shall be a Deputy Director o f a university-basedProvision

A university-based institute, centre, or directorate must have a Deputy Director.

41.-(1) There shall be a Deputy Director o f a university-based institute, centre or directorate. Deputy Director (2) The provisions o f subsections (3) and (7) of section 39 shall apply mutatis mutandis as to the appointment o f a Deputy Director, term o f office, powers and other functions o f the Deputy director.

Section 41Verify source

§ 42(l) There shall be a Registrar of a university, except that whereProvision

A university Registrar must be appointed by the Council or Governing Board from a shortlist of three candidates, after the required consultation, and serves a three-year term in public institutions.

42.-(l) There shall be a Registrar of a university, except that where there are two or more deputies o f the chief executive officer of a public institution, there shall be no Registrar of such an institution. Registrar 451 No. 7 Universities 2005 (2) The Registrar shall be appointed by the Council or Governing Board from a list of three candidates on the basis o f a search committee's recommendation or through a procedure o f public advertisement for the post and after consultation with the chief executive officer o f the institution. (3) A Registrar shall - (a) be responsible to the chief executive officer o f the in respect o f such administrative matters institution pertaining to the institution as shall be assigned to him; (b) have such other functions as are conferred upon a deputy chief executive officer o f an institution responsible for administration by this Act or as may be prescribed. (4) The tenure o f office for a Registrar appointed to the public institution shall be three years and may be reappointed for one more such term. (b) Principal Organs

Section 42Verify source

§ 43(l) Theic ^.hall be two principal organs o f governance in everyProvision

This provision identifies the main governing bodies for universities and related colleges, and says which body makes policy or decisions on academic and administrative matters.

43.-(l) Theic ^.hall be two principal organs o f governance in every university, namely the Council and the Senate. (2) In unive - :ty colleges, other than campus colleges, the two organs shall bf Governing Board and the Academic Committee. (3) The Council of a university and the Governing Board o f a university college, other than a campus college shall be the principal overall policy-*** *ing organs for the respective institutions. (4) The C> ncil o f a university shall be the principal policy-making >_ gan of the university including the University constituent and connected college campus, and, for general academic policy related matters only. (5) The Governing Board o f a constituent, and a connected college o f a university, shall be the principal policy-making organ o f the constituent, the connected college in respect o f all administrative matters. (6) The Senate o f a university and the Academic Committee o f a university college, other than a campus college shall be the principal 452 Principal organs o f gover nance No. 7 Universities 2005 overall decision-making organs in respect o f all academic matters of the respective institutions. (7) The Senate o f a university shall be the principal decision making organ in respect o f all academic matters of the university including the university's campus, constituent and connected colleges, and its faculties, institutes and schools.

Section 43Verify source

§ 44(l) Members ofProvision

Council and Governing Board membership must fall within set size ranges, and appointments must ensure sectoral balance, staff-external representation, gender balance, and student representation.

44.-(l) Members of- (a) a Council o f a university or, as the case may be, a Governing Board o f a constituent college shall be not less than eleven and not more than twenty-one in number; and (b) any other Governing Board, shall be not less than nine and not more than fifteen in number. Com po sition o f Council or Gover ning Board (2) Subject to the provisions of sub-section (1), the composition of the Council or the Governing Board shall be provided for under the enabling instrument o f each institution and in appointing members to the Council or Governing Board, the appointing authority shall ensure that- (a) the composition reflects the various sectors of society which have a stake in the institution and persons drawn from such sectors have such additional attributes, including integrity, interest in higher education related matters and experience, as may enable them to make a meaningful contribution to the deliberations o f the Council or, as the case may be, the Governing Board; (b) not less than seventy-five percent and not more than eighty percent o f the membership shall be drawn from outside the members o f staff and or officers o f the institution concerned; (c) the composition shall as far as possible consist o f members o f both sexes on an equal basis, and so that, in any event, at least one third o f the membership shall be women; and (d) students are represented. 453 No. 7 Universities 2005 (3) Subject to any other written law, the Chairman of the Council or the Governing Board o f a public University shall be appointed by the President on the advice of the Minister from among three candidates proposed by the Commission on the basis o f procedures involving public advertisement and interviews for the post. (4) The appointment o f the Chairman of the Council or, the Governing Board of a private university shall be done in accordance with the provisions of the enabling legal instrument of the institution.

Section 44Verify source

§ 45(l) The governance and control of a university, universityProvision

The university council or governing board controls the institution and may manage property, funds, staff appointments, by-laws, and other governance matters.

45.-(l) The governance and control of a university, university college, other than a campus college shall be vested in a Council of the University or a Governing Board of the university college other than a campus college as the case may be. (2) Without prejudice to the generality o f sub-section (1), a Council or, as the case may be, a Governing Board shall have power- Functions and powers o f Council or Gover ning Board (a) to administer the properties o f the institution, both movable and immovable; (b) to administer the funds and other assets o f the institution, including the investment o f such funds and assets; (c) to signify the acts o f the institution by use o f the institution's common seal; (d) on behalf of the university or a university college, to receive gifts, donations, grants, or other moneys, including loans and advances, and to make disbursements thereof to its schools, faculties, departments and other organs, persons or bodies; (e) to appoint officers o f the institution; (f) to propose or, in any case where it is empowered to do so under the relevant enabling instrument o f an institution, to set standards o f levels for remuneration packages for academic and senior administrative and support staff o f the institution; legal 454 No. 7 Universities 2005 (g) to establish or disestablish schools, faculties, institutes and departments or similar organs o f equivalent designations; (h) to make by-laws for the administration o f students, and other subsidiary legislation as may be required; (i) to propose such regulations and give such directives in relation to the governance o f the institution or o f any o f its organs as would ensure or facilitate a system o f adequate democratic representative participation o f the members o f the institution in the said governance and efficient and laws, regulations or effective execution o f policies, decisions relating to the institution, including the staff and the students o f the institution. (3) Subject to the provisions o f this Act and for the avoidance o f doubt, the Governing Board of a connected college and an associate higher education institution shall have the powers vested in a Governing Board under the provisions o f sub-sections (1) and (2), the relevant enabling legal instrument and any other written law. (4) A subsidiary legislation and directives made under this section shall be brought to the notice of the students o f the institution in such clear and transparent manner as the Council or, as the case may be, the Governing Board may determine.

Section 45Verify source

§ 46(l) The number o f members ofProvision

This section lets the Council and Governing Board set the size of a Senate or Academic Committee, sets composition limits, and lets the body co-opt additional competent persons.

46.-(l) The number o f members of- (a) a Senate shall be as may be determined by the Council from time to time; (b) an Academic Committee shall be determined by the Governing Board from time to time, except that the number o f ex-officio members in an institution shall not be reduced. (2) The chief executive officer o f the institution shall be the Chairman o f the Senate or, as the case may be, an Academic Committee. C om p o sition o f Senate or Acade mic Com m i ttee 455 No. 7 Universities 2005 (3) Subject to the provisions o f this section, the membership of a Senate or, an Academic Committee, shall be provided for under the enabling legal instrument o f each institution and the appointing authority shall ensure that- (a) the membership shall be not less than seventy-five percent and not more than eighty-five percent drawn from among the senior academic and adm inistrative staff o f the institution concerned and a few from other corresponding institutions in the country'; (b) the provisions o f sub-section (2) o f section 44 shall, apply mutatis mutandis, to the composition o f a Senate or, an Academic Committee. (4) The Senate or, the Academic Committee shall have power to co-opt any number o f competent persons as it may deem necessary or appropriate for the better carrying out of its functions. (5) For the purpose o f this section- (a) ‘‘senior academic and administrative sta ff’ includes in relation to a university institution, deputy vice chancellors or equivalent designation; principals and deputy principals or equivalent designations; registrar; deans o f schools and faculties; directors o f institutes, centres or directorates; heads o f academic departments and units; dean o f students research or equivalent designation; professors or professors; associate professors or associate research professors; senior lecturers or senior research fellows; the chief librarian or equivalent designation; (b) “ex-officio members” means in relation to a university, the vice-chancellor and deputy vice-chancellors or equivalent designations; principals and deputy principals or equivalent designations; registrar; deans o f schools and faculties; directors o f institutes, centres or directorates; heads of academ ic departments and deans o f students or equivalent designation. and units; 456 No. 7 Universities

Section 46Verify source

§ 47(l) A Senate or an Academic Committee shall be responsible toProvision

A Senate or Academic Committee is responsible for academic control and regulation, and must perform listed academic governance functions.

47.-(l) A Senate or an Academic Committee shall be responsible to the Council or, the Governing Board respectively, for the control and general regulation o f the instruction, education and research in the institution and, subject to the provisions o f this Act shall be the and supreme organ in all academic matters within a university institution affiliated thereto. 2005 Functi ons o f Senate o f A cade mic C om m i ttee (2) Subject to sub-section (1), the Senate or, as the case may be, the Academic Committee shall have the following specific fiinctions- (a) to satisfy itself regarding the content and academic standard o f any course o f study offered by a school, faculty, or department under its control and general regulation in respect o f a degree, diploma, certificate or any other award o f the institution and to report its findings thereon to the Council or Governing Board respectively; (b) with the consent o f the Council or Governing Board, to propose regulations regarding- (i) (ii) the eligibility o f persons for admission to courses for a degree, diploma, certificate or other award o f the institution; and the standard o f proficiency to be attained in each examination for a degree, diploma, certificate or other award o f the institution; (c) to regulate the conduct o f examinations o f the institution, including pre-entry or matriculation examination, if any; (d) to decide whether any candidate for a degree, diploma, certificate or other award o f the institution has attained the standard o f proficiency prescribed in the regulations made under paragraph (b) and is otherwise fit for the grant o f such degree, diplom a, certificate or other award o f the institution; (e) to consider recommendations made to it by boards o f institutes, schools and faculties and take appropriate action; (f) to make proposals to the institution’s Council or Governing 457 No. 7 Universities 2005 Board on matters relating to th e conduct o f the institution generally; and (g) to perform such other functions as are conferred upon the Senate or the Academic Committee by this Act or any other written law, the institution's enabling instmment or as may be prescribed in regulations made under this Act by the Council or the Governing Board. (3) In respect o f any matter in relation to which the Senate or, the Academic Committee is required to report to the Council or the Governing Board in accordance with the provisions o f sub-section (2) (a) or to make by-laws in accordance with the provisions o f sub-paragraphs (i) and (ii) o f paragraph (b) of sub-section (2) of this section, the Council or the Governing Board shall not- (a) initiate any action in respect thereof until such report has been received from the Senate or the Academic Committee, or, as the case may be, such by-laws have been made by the Senate or the Academic Comm ttee; and (b) reject or disapprove any such report or by-laws without further reference to the Senate or the Academic Committee. PART VI C o n v o c a t i o n s , S t a f f A s s o c i a t i o n s a n d S t u d e n t s ' O r g a n i z a t i o n s , A d m i n i s t r a t i o n a n d W e l f a r e

Section 47Verify source

Part

PART VI

§ 48Convocations and staff associationsProvision

Section 48 is titled “Convocations and staff associations.”

48. Convocations and staff associations.

Section 48Verify source

§ 50Administration and welfare o f studentsProvision

This section is titled “Administration and welfare of students.”

50. Administration and welfare o f students.

Section 50Verify source

§ 51Prohibition o f political party's activities on campusProvision

This section is titled “Prohibition of political party’s activities on campus” and appears under Part VII (Miscellaneous Provisions).

51. Prohibition o f political party's activities on campus. PART VII M i s c e l l a n e o u s P r o v i s i o n s

Section 51Verify source

§ 48Section 48Provision

Every institution must provide in its enabling instrument for a convocation, alumni association(s), and staff association(s).

48. Every institution shall provide under its enabling instrument- (a) for the establishment of- (i) a convocation o f the entire membership o f the institution, including current staff and students, and such rights and privileges as the institution deems fit; and (ii) an alumni association or associations whose constitution, shall be determined by the members thereof and whose affairs, including membership shall be governed by such constitutions; 45X C onvo cations and Staff A ssocia tions No. 7 Universities 2005 (b) for the recognition or establishment o f a staff association or associations except that- (i) (ii) the affairs o f staff association, including membership, shall be governed by its own constitution; and the constitution o f a staff association, shall be determined by the members o f the association and shall be subject to approval by the Council or, as the case may be, the Governing Board o f the institution.

Section 48Verify source

§ 49(l) Every university shall by notice published in the Gazette orProvision

Every university must provide for a common students' organization under its charter, and the organization’s name must be agreed by members and approved by the Council or Governing Board.

49.-(l) Every university shall by notice published in the Gazette or Prospectus o f the university provide under its charter for a common students' organisation o f the institution to be known by such name as may be agreed by its members and approved by the Council or, as the case may be, the Governing Board of the institution. Students' Organi sations (2) The membership o f and affairs of the students organization, shall be governed by its constitution. (3) The constitution o f the students' organization, shall be subject to approval by the Council or, as the case may be, the Governing Board o f the institution. (4) The Council or, as the case may be, the Governing Board o f an institution may provide for the approval and the conduct o f other students' organizations in such fair and transparent manner as it deems appropriate.

Section 49Verify source

§ 50(l) An institution shall provide under its enabling legalCommencement

Institutions must set up student administration and welfare arrangements, including policies, regulations, a disciplinary authority, and an appeals committee.

50.-(l) An institution shall provide under its enabling legal instrument for an office o f a person o f integrity and outstanding experience and capability in student administration or counselling to be responsible for the proper, effective and efficient administration o f the affairs o f the students o f the institution. Adm ini stration and w el fare o f students in (2) shall programmes and confer degrees, be equivalent designation. The designation o f the holder o f the office under subsection (1) the case o f a university accredited to offer degree the Dean o f Students or 459 No. 7 Universities 2005 (3) Every institution shall have a clearly formulated policy on the general administration and welfare o f the students o f the institution and shall provide under its enabling instrument for making o f regulations or by-laws for the administration and welfare o f the students. (4) Regulations or by-laws made under subsection (3) shall be published by the institution in the Gazette or the institution's Prospectus and every such regulation or by-law shall be brought to the notice o f the students in such manner and form as the Council or, as the case may be, Governing Board o f the institution may determine. (5) An institution shall provide under its enabling instrument for the establishment or appointment o f an authority, to be known as the students disciplinary authority, with clearly defined powers, functions and procedures or mode o f operation except that- (a) such powers, functions and procedures, or mode o f operation may be provided for in the regulations or by-laws promulgated the provisions o f sub-section (3); and in accordance with (b) the holder o f the office responsible for the general adm inistration and welfare o f students shall not be appointed, serve or act as a member of such students disciplinary authority. (6) An institution shall establish or appoint a committee, to be known as the Students Disciplinary Appeals Committee, to hear and decide on appeals from the institution's students disciplinary authority and whose composition, powers, functions, procedures or mode of operation may be provided for under the regulations or by-laws promulgated in accordance with the provisions o f sub-section (3). (7) The composition o f the Students Disciplinary Appeals Committee established under subsection (6) shall not include any such person who was or is involved in the investigation, hearing or decision o f any matter connected or otherwise associated with any particular appeal to the Committee in which such a matter is directly or indirectly relevant prior to the commencement o f the appeal process. 460 No. 7 Universities 2005 (8) For the purposes o f this section the administration o f the affairs o f the students o f the institution shall include establishment of and overseeing the machinery for monitoring, coordinating, regulating, controlling and facilitating the general conduct o f students on the campus or campuses o f the institution, the institution's branches and any other place where the affairs o f the institution in which its students are involved may take place, be conducted or extended to or where the residence o f its students is established, provided, oiganised or overseen by the institution.

Section 50Verify source

§ 51(1) No staff association or students’ organization in anProvision

Staff associations and students’ organizations in an institution must not engage in political party activities on campus, run their affairs in that way, or have a constitution that conflicts with this Act or any other written law.

51.-(1) No staff association or students’ organization in an institution shall engage in any political party's activities on campus, conduct its affairs or have a constitution which in any way or manner whatsoever offends or conflicts with the provisions o f this Act or of any other written law. Prohib ition o f political parties activities on cam pus (2) For the purpose o f this section- (a) “campus” includes any place where the activities or affairs of the institution to which a staff association or a students' organization belongs may under lease or licence take place, be conducted or where the residence o f students is established, provided, organised or overseen whether regularly or intermittently or on a particular occasion or occasions; (b) “engaging in political parties activity” includes regular recruitment, training, registering or enrolment o f political party members, regular organisation o f meetings, seminars and conferences for a political party or political parties, branch office or cell or the like o f a political operating a party or political parties and matters of a similar nature; (c) “stafr association” includes its members; and (d) “student organization” includes its members. 461 Universities 2005 PART VII M i s c e l l a n e o u s P r o v is i o n s Students’ admi ssion qualifi cations

Section 51Verify source

Part

PART VII

§ 53Committee of Vice-Chancellors, Principals and DirectorsProvision

This section is titled “Committee of Vice-Chancellors, Principals and Directors.”

53. Committee of Vice-Chancellors, Principals and Directors.

Section 53Verify source

§ 54Powers o f the Committee of Vice-Chancellors, Principals andProvision

This section concerns the powers of the Committee of Vice-Chancellors, Principals and Directors.

54. Powers o f the Committee of Vice-Chancellors, Principals and Directors.

Section 54Verify source

§ 55Appointment to key administrative positionsProvision

This section concerns appointments to key administrative positions.

55. Appointment to key administrative positions.

Section 55Verify source

§ 56Restriction on power o f public institutions to alienate immovableProvision

This section concerns restrictions on public institutions’ power to alienate immovable property.

56. Restriction on power o f public institutions to alienate immovable property.

Section 56Verify source

§ 57Power o f Minister to exempt certain institutionsProvision

The Minister has power to exempt certain institutions.

57. Power o f Minister to exempt certain institutions.

Section 57Verify source

§ 61Transitional and consequential provisionsProvision

This section is about transitional and consequential provisions.

61. Transitional and consequential provisions.

Section 61Verify source

§ 62Power o f the Minister to make RegulationsProvision

This section says the Minister has power to make regulations.

62. Power o f the Minister to make Regulations. SCHEDULES 4 1 9 No. 7 Universities 2005 THE UNITED REPUBLIC OF TANZANIA No. 7 o f 2005 I A s s e n t , B e n j a m in W i l l i a m M k a p a , President 6th June, 2005 An Act to make provisions for the establishment, composition and functions of the Commission for universities, the coordination and rationalization of the types and categories of universities, the promotion and financing of higher education, establishment and governance of universities, and for other related matters. [.................................................................... 1 E n a c t e d by the Parliament o f the United Republic o f Tanzania. PARTI P r e l im in a r y P r o v is i o n s

Section 62Verify source

§ 52(l) Subject to the provisions o f this Act, every institution shallProvision

Institutions must publish their student admission regulations and required qualifications in the institution’s Prospectus. Applicants cannot be admitted unless they meet those published qualifications.

52.-(l) Subject to the provisions o f this Act, every institution shall enunciate and publish in the Prospectus of the institution the students admission regulations o f the institution, including qualifications required for the institution's various programmes and awards. Com m i ttee o f Vice Chance llors and Princi pals P ow er o f Council or Gover ning Board to make regula tions (2) No applicant shall be admitted to pursue a programme o f study in an institution unless he meets the admission qualifications spelt out in the enunciated admission regulations governing the institution in accordance with sub-section (1).

Section 52Verify source

§ 53(l) There shall be a committee to be known as the Committee o fProvision

This provision creates the Committee of Vice-Chancellors and Principals and says the Second Schedule governs its composition, functions, powers, and other proceedings.

53.-(l) There shall be a committee to be known as the Committee o f Vice-Chancellors and Principals. (2) The provisions the Second Schedule shall have effect as to composition, functions, powers and other proceedings o f the Committee of Vice-Chancellors and Principals.

Section 53Verify source

§ 54A Council or Governing Board shall have power to makeRepeal

A Council or Governing Board may make regulations for the governance of its institution, but some topics need recommendation or consultation first.

54. A Council or Governing Board shall have power to make regulations for giving effect to any enabling instrument, law, charter, memorandum of association or constitution relating to its university, college, institute or school for the general governance o f its institution in relation to matters not specifically prescribed by this Act or any other applicable written law except that- (a) regulations dealing with the composition o f a Senate or Academic Committee, as the case may be, shall not be made, amended, added to or repealed except on the recommendation o f such Senate or Academic Committee; (b) regulations dealing with studies, system o f instructions, examinations, and discipline in a university, university college, to which this Act applies, shall not be made, amended, or repealed without consultation with the senate o f such institutions. Appoint ment to key admi nistrative positions

Section 54Verify source

§ 55(l) In making appointments to key administrative positions in aProvision

Appointments to key university administrative posts must be made on merit and through an open system.

55.-(l) In making appointments to key administrative positions in a university that such the appointing authorities shall ensure appointments are made on merit; and in accordance with an open system capable o f inspiring confidence that fairness, the respective 462 No. 7 Universities 2005 appointees' competence for the relevant positions and their general acceptability in the institutions in question, have all been taken into account. (2) The Council or, as the case may be, the Governing Board shall, by its enabling legal instrument or by regulations, prescribe the attributes o f the open system referred to in sub-section (1), which attributes shall include the form, way or method o f identifying candidates, participation o f the comm unity or the organs o f governance of the institution that shall be involved in the process o f such system. (3) For the purpose o f this section- (a) “key administrative positions” include the position o f the Vice-Chancellor, Deputy Vice-Chancellor or Principal, Deputy Principal, Dean of Students, Dean, Director and Head their respective equivalent designations; and Department Academic o f or (b) "organs o f governance" include the Council, Governing Board, Senate, Academic Committee, a Board or Boards, Committee or Committees or a Meeting or Meetings. (4) Where it is provided in this Act that a search committee's recommendation o f candidates to be considered for appointment to a post or position shall be the basis o f such appointment, such search committee shall be appointed or approved by the Council or, as the case may be, the Governing Board o f the institution concerned. (5) Subject to the provisions o f this Act, the Council or. as the case may be, the Governing Board o f the institution shall have power- (a) to determine the number, tenure, remuneration and other terms and conditions o f service o f the members o f such a search committee; (b) to appoint the same committee or different or separate search committees for the different posts or positions for which a search committee's recommendation is prescribed as mandatory; 463 Universities 2005 (c) to provide for the matters covered under paragraphs (a) and (b) o f this sub-section under regulations or the enabling legal instrument o f the institution made in accordance with the provisions o f this Act; and (d) to delegate to the Senate or, as the case may be, the Academic Committee power to appoint search committees in general or search committees for candidates for specified posts or positions.

Section 55Verify source

§ 56Section 56Provision

A public institution must not dispose of or transfer immovable property bought with Government financial assistance unless the Minister gives express authorization.

56. A public institution shall not, without express authorization by the Minister, dispose of or alienate in any manner, any immovable property acquired from or with the financial assistance o f the Government.

Section 56Verify source

§ 57(l) Notwithstanding the provisions o f any other written lawOffence

The Minister may exempt an institution from this Act, on the Commission’s advice, if the institution applies in writing and all of its higher education operations are carried on outside Tanzania.

57.-(l) Notwithstanding the provisions o f any other written law including this Act, the Minister, on the advice o f the Commission, may, upon an application in writing by an Institution exempt the institution from the provisions o f this Act where the whole of the higher education operations, functions or activities o f the institution are carried on outside Tanzania. (2) The application for exemption shall be accompanied by a complete statement o f the programmes or courses o f study, and the mode or method o f delivery’ thereof, that the institution is desirous o f running and using in that behalf in the country. Restric tion on power o f public institu tions. to alienate im m o vable property Power o f Minister to exem pt certain institu tions Penalty for cer tain offences

Section 57Verify source

§ 58A person who commits an offence or an act declared to beRepeal

A person who commits an offence or unlawful act under this Act, where no specific punishment is set, is liable on conviction to a fine, imprisonment for up to six months, or both.

58. A person who commits an offence or an act declared to be unlawful under the provisions o f this Act for which no particular punishment has been provided for under any specific section is liable, on conviction, to a fine not exceeding 1,500,000/= shillings or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment. 464 2005 Prote ction o f members and staff Am end ments and repeals Transi tional and con seq u e ntial provi sions Power o f the Minister to make Regula tions No. 7 Universities

Section 58Verify source

§ 59A member of the Commission or o f any o f its Committees or anyProvision

Members, committee members, and staff of the Commission are not personally liable for acts or omissions done bona fide while carrying out, or purporting to carry out, their duties.

59. A member of the Commission or o f any o f its Committees or any o f its staff shall not be personally liable for anything done or omined to be done bona fide in the execution or purported execution o f any duty as a member o f the Commission or of such a Committee or staff o f the Commission.

Section 59Verify source

§ 60Existing Acts governing public universities are repealed orRepeal

Existing Acts governing public universities are repealed or amended as set out in the Third Schedule.

60. Existing Acts governing public universities are repealed or amended in the manner indicated in the Third Schedule.

Section 60Verify source

§ 61Section 61Provision

This section says the transitional and consequential rules for the Higher Education Accreditation Council and public universities are set out in the Fourth Schedule.

61. Transitional and consequential provisions in respect o f the Higher Education Accreditation Council and public universities are as provided for in the Fourth Schedule to this Act.

Section 61Verify source

§ 62(l) Subject to the provisions of this Act, the Minister may, afterProvision

The Minister may make regulations for this Act, after consulting the Commission, and those regulations must be published in the Gazette.

62.-(l) Subject to the provisions of this Act, the Minister may, after consultation with the Commission, make regulations for the better giving effect to the provisions o f this Act, and may in particular make regulations- (a) prescribing the procedure which shall be complied with by the Commission when granting accreditation; (b) prescribing the registration procedure o f higher education institutions; (c) prescribing minimum standards for physical facilities, services and programmes o f university; (d) prescribing terms conditions and procedures for issuance of provisional licences; (e) prescribing procedures for granting, revocation and variation o f charter; (f) procedures for registration o f institute under this Act; (g) prescribing procedures for establishment o f college and affiliation to a university; (h) prescribing forms or the manner in which applications, particulars, data or returns, and administrative appeals shall or may be submitted; •t 465 No. 7 Universities 2005 (i) prescribing a framework for the general supervision, regulation, guidance and provision o f incentives for a university; (j) prescribing the mode of association or affiliation between the public and private universities; or (k) prescribing procedures for establishment of apex or com mon organisation o f students of universities; (1) prescribing anything which, in the opinion o f the Minister or the Commission, is necessary or expedient for the better earn ing out o f the provisions o f this Act. (2) The regulations, made under this section shall be published in the Gazette. No. 7 Universities 2005 FIRST SCHEDULE (,M ade w id er section 4(3)) C om position a n d P roceeding s of the C o m m ission l.-(l) The C om m ission shall be com posed o f a chairman who shall be appointed by the President and not less than fifteen and not more than twenty one members, who shall be appointed by the Minister from amongst persons who possess knowledge and experience in higher education and training matters and who can enable the C om m ission to perform its functions according to the highest professional standards. Compo sition o f the Commi ssion (2) The Minister shall in appointing members ensure that at least one third o f members consists o f women. (3) Without prejudice to the generality o f sub-paragraphs (1) and (2) the membership o f the Com m ission shall include - (a) four Vice-Chancellors o f fully accredited universities in the United Republic two o f whom shall be drawn from public universities and two from private universities one o f whom shall be drawn from a private university in Zanzibar; (b) one member nominated by the Tanzania private Sector Foundation; (c) a leg a lly q u alified m em ber from the A ttorn ey G eneral's C ham bers; (d) the Director o f Higher Education; (e) one member o f the Parliament recommended by the National Assem bly from amongst its members; (f) one member nominated by the Tanzania A ssociation o f Employers; (g) one member nominated by association o f em ployers o f Zanzibar; (h) the Executive Secretary' o f the National Council for Technical Education (NACTE); (i) (j) one member nominated by the Minister for the time being responsible for education; tw o members nominated by the M inister responsible for education o f the Revolutionary Government o f Zanzibar as follow s: (i) one member representing the R evolutionary G overnm ent o f Zanzibar; and (ii) one member representing the H ouse o f Representatives o f Zanzibar. 467 No. 7 Universities 2005 (k) two student members- (i) one member representing university students Tanzania; and in M ainland (1) (ii) one member representing university students in Zanzibar. one member representing a Research Academ ic and Allied Workers Union (RAAW U); (m) one member nominated by a nation-wide non-governmental organization for the time being running or operating a gender networking programme. (4) The C om m ission shall have power to co-opt such other persons, not exceeding three in number at any one time, as the C om m ission, on the basis o f their track record o f relevant knowledge, skills and experience, deem fit for its business. (5) Where any appointment relates to a person from Tanzania Zanzibar, the Minister shall consult the Minister responsible for education in the Revolutionary Government o f Zanzibar. (6) The Executive Secretary shall be the Secretary to the Com m ission. Vice- Chairman

Section 62Verify source

§ 2The members shall elect one o f their number to be the Vice-Chairman o f theProvision

The members must elect one of their number to be the Vice-Chairman of the Council.

2. The members shall elect one o f their number to be the Vice-Chairman o f the Council and any member elected as Vice-Chairman shall, subject to his continuing to be a member, hold office for a term o f one year from the date o f his election, but shall be eligible for re-election. Tenure o f office

Section 2Verify source

§ 3(l) A member shall, unless his appointment is sooner terminated by theProvision

A member normally holds office for three years, unless the Minister ends the appointment earlier or the person stops being a member; the member may be reappointed.

3 .-(l) A member shall, unless his appointment is sooner terminated by the Minister, or he ceases in any other w'ay to be a member, hold office for a period o f three years and shall be eligible for reappointment. (2) Members appointed by virtue o f their office shall cease to be members upon ceasing to hold the office entitling appointment to the Com m ission. Meetings o f the Commi ssion

Section 3Verify source

§ 4(l) The Com m ission shall ordinarily meet at such times and places as it deemsProvision

The Commission must meet regularly, at least once every three months. The Chairman or Vice-Chairman may call a special meeting on request, and the Chair (or another member if both are absent) must preside over meetings.

4 .-(l) The Com m ission shall ordinarily meet at such times and places as it deems necessary for transaction o f its business, but shall meet at least once in every three months. (2) The Chairman or in his absence, the Vice-Chairman, may at any time call a special meeting upon a written request by a majority o f the members. (3) The Chairman or in his absence the Vice-Chairman, shall preside at every meeting o f the Com m ission and in the absence o f both the Chairman and the Vice-Chairman, the m embers present shall appoint a member from amongst them selves to preside over the meeting.

Section 4Verify source

§ 5Where a member o f the Com m ission who is a member by virtue o f his office isProvision

An eligible Commission member who cannot attend a meeting may appoint someone from their organisation to represent them.

5. Where a member o f the Com m ission who is a member by virtue o f his office is unable for any reason to attend any meeting o f the C om m ission he may nominate another person from his organisation to represent him in the meeting. Absent members to be repre sented Quorum 468 No. 7 Universities The quorum at any m eeting o f the C om m ission shall be h a lf the

Section 5Verify source

§ 7(l)Provision

The Commission decides matters by majority vote of members present and voting; if votes are tied, the presiding person has a casting vote. The Commission can also decide by circulation of papers and written views, but any member may require the matter to be deferred to a meeting.

7 .-(l) Subject to sub-paragraph (2), matters proposed at a meeting o f the Com m ission shall be decided by a majority o f the votes o f the members present and voting, and in the event o f an equality o f votes then the person presiding shall have a casting vote in addition to his deliberative vote. Decision o f the Commi ssion (2) A decision may be made by the Com m ission without a meeting by circulation o f the relevant papers among the members and the expression o f the view s o f the member in writing, but any member may require that the decision be deferred and the subject matter be considered at a meeting o f the Com mission.

Section 7Verify source

§ 8(l) The Com m ission shall cause to be recorded and kept minutes o f all businessAmendment

The Commission must keep minutes of meeting business, and the minutes must be read, confirmed or amended and confirmed at the next meeting, then signed by the presiding person and the Secretary.

8 .-(l) The Com m ission shall cause to be recorded and kept minutes o f all business conducted or transacted at the meeting and the minutes o f each meeting o f the Com m ission shall be read and confirmed or amended and confirmed at the next meeting o f the Com mission and signed by the person presiding and the Secretary to the meeting. Minutes o f meet ings (2) Any minutes purporting to be signed by the person presiding and the Secretary at a meeting o f the Com m ission shall in the absence o f proof o f error be deemed to be a correct record o f the meeting w hose minutes they purport to be.

Section 8Verify source

§ 9Section 9Provision

Commission acts or proceedings remain valid even if there is a vacancy among members or a defect in someone’s appointment.

9. The validity o f any act or proceeding o f the Com m ission shall not be affected by any vacancy among its members or by any defect in the appointment o f any o f them.

Section 9Verify source

§ 10(1) The seal o f the Com m ission shall be authenticated by the signatures o f theProvision

Commission documents must be sealed and authenticated by the required signatures; if the Chairman is absent, a Vice-Chairperson or designated member may sign in the Chairman’s place.

10.-(1) The seal o f the Com m ission shall be authenticated by the signatures o f the Chairman or any other member o f the Com m ission and the Executive Secretary. (2) In the absence o f the Chairman, the person for the time being holding the position o f Vice-Chairperson or a member o f the Com m ission designated by the Chairman for the purpose may sign a document in his place. (3) Every document purported to be an instrument issued by the Com m ission shall be sealed with the com mon seal o f the Com m ission and authenticated in the manner provided for under subparagraph (1) and such an instrument shall be received in evidence without further proof. Vacanci es, etc., not to invalidate proceed ings Sea-1 of the Commi ssion

Section 10Verify source

§ 11Section 11Provision

Documents that appear to be issued under the Registrar’s hand for a Commission resolution, or on behalf of the Commission, must be accepted as evidence and treated as sufficient proof unless the contrary is shown.

11. Any document purporting to be under the hand o f the Registrar as to any resolution o f the Com m ission or as having been issued on behalf o f the Com m ission shall be receivable in all courts or tribunals or other bodies authorised to receive evidence and shall unless the contrary is shown, be deemed, without further proof to be sufficient evidence o f what is contained in the document. Proof o f docu ments 469 Universities 2005

Section 11Verify source

§ 12Section 12Provision

The Minister may give the Commission guidance on policy matters, if done under his hand.

12. The Minister may under his hand give the C om m ission guidance on such matters o f policy as may be required.

Section 12Verify source

§ 13Section 13Provision

The Commission may regulate its own proceedings, subject to this Schedule.

13. Subject to the provisions o f this Schedule the C om m ission may regulate its own proceedings. No. 7 Power o f the Minister to give guidance Commi ssion to regulate its own procee dings 470 No. 7 Universities 2005 SECOND SCHEDULE (M ade under Section 53) T h e C o m m it t e e o f V ic e- C h a n c e l l o r s , a n d P r in c ip a l s

Section 13Verify source

§ 1Section 1Provision

This Schedule defines “Committee” as the Committee of Vice-chancellors and Principals.

1. In this Schedule- "Committee" means the Committee o f Vice-chancellors, and Principals.

Section 1Verify source

§ 2The Committee shall consist ofProvision

This section sets out who makes up the Committee.

2. The Committee shall consist of- (a) the Vice-Chancellor, or equivalent designation, o f each public and each fully accredited and chartered private university; (b) the Principal, or equivalent designation o f each university college except campus colleges; (c) the Executive Secretary; (d) (e) the Vice-Chancellors, or equivalent designation o f universities Principals o f colleges, who shall be co-opted members o f the Committee with the right to full participation in its business but with no right to vote; and in an advisory capacity, such additional members appointed by each Council or, as the case may be, each Governing Board, as may be prescribed by joint regulations. Interpre tation Compo sition o f the Commi ttee

Section 2Verify source

§ 3( l) The Committee shall elect one o f the Vice-Chancellors to be the ChairmanProvision

The Committee must choose one Vice-Chancellor as Chairman on a rotating basis for a two-year term, and the relevant University must provide the Committee’s Secretary during that chairmanship.

3 .-( l) The Committee shall elect one o f the Vice-Chancellors to be the Chairman o f the Committee on a rotating basis for a two year term and in his absence, one o f the Vice-Chancellors present at a meeting shall be nominated to chair that particular meeting. Chairman o f the Commi ttee (2) The University w hose Vice-Chancellor is elected Chairman o f the Committee shall provide the Secretary to the Committee for the period o f the Chairmanship.

Section 3Verify source

§ 4Section 4Provision

The Committee may set up a secretariat and a fund, and member Secretariat institutions may contribute to the fund on terms set by the Committee.

4. The Committee may establish a secretariat on such other terms and manner and place as the Committee may deem appropriate and a fund to which the member Secreta riat institutions may make contributions at such rates, intervals and on such other terms as the Committee may deem fit, for meeting the costs o f running the activ ities, including perform ing the fun ction s, powers and privileges, o f the Committee and the secretariat thereof provided for in or under this A ct or under any other written law or as may be prescribed.

Section 4Verify source

§ 5( 1 ) Where any Vice-Chancellor, Principal or Director is unable to attend anyProvision

If a Vice-Chancellor, Principal, or Director cannot attend a Committee meeting, they may nominate a senior staff member to represent them.

5. - ( 1 ) Where any Vice-Chancellor, Principal or Director is unable to attend any meeting o f the Committee o f Vice-Chancellors, Principals and Directors, he may nominate any senior member o f staff o f the University, C ollege, Institute, Centre or Directorate, as the case may be, to represent him at such meeting: Senior member o f staff to Chair the meeting (2) Nothing in paragraph (1) shall entitle a senior member o f staff representing a Vice-Chancellor who is the Chairman o f the Committee to assume the position o f 471 No. 7 Meetings functions o f the Commi ttee Vice- Chance llor Functions o f the » Gofnmi- ttee- Powers o f the Commi ttee Universities 2005 Acting Chairman during the time he is representing that Vice-Chancellor.

Section 5Verify source

§ 6(l) The Committee shall meet at least two tim es in a year at such place or placesProvision

The Committee must meet at least twice a year, and the Chairman must give written notice and convene ordinary meetings; special meetings can be called on request.

6 .-(l) The Committee shall meet at least two tim es in a year at such place or places as may be determined by the Committee or the Chairman o f the Committee in that behalf. (2) The Chairman shall convene ordinary m eetings o f the Committee by notice in writing to each member specifying the place, date and time o f the meeting at his usual place o f business or residence not less than fourteen days before the date o f such a meeting except that the first meeting o f the Committee shall be convened by the Executive Secretary' o f the Com m ission. (3) The Chairman, if requested to do so by at least one third o f the members o f the Com mittee, shall call for a meeting o f the Committee in emergency, special or extra-ordinary session, as the case may be. and shall give reasonable notice o f the meeting to all the members o f the Committee. (4) The Committee shall regulate the procedure o f its meetings and related matters, including the quorum for such meetings, in such manner as it shall deem appropriate.

Section 6Verify source

§ 7Section 7Provision

The Committee must advise the Commission and carry out functions assigned by the Act, regulations, or referred matters.

7. The Com mittee shall- (a) advise the Com m ission on promotion criteria o f academic and senior administrative staff o f different levels and categories o f higher education institutions and on proper ‘rationalization and .harmonization o f such criteria for the respective levels o f such staff ^nd institutions; categories and (b) perform any function assigned to it by this Act or by com mon regulations; (c) consider and make recommendations to the C om m ission regarding any matter referred to it by the Com m ission relating to accreditation, grants, student adm issions or any other matter; and (d) perform any other function, consider and make recommendations to the C om m ission regarding any Other matter and do any other thing which the C om m ittee shall deem appropriate in furtherance o f its mandate conferred upon it by this A ct or by any other w ritten law .

Section 7Verify source

§ 8The Committee shall have power toProvision

The Committee has power to make recommendations, propose common regulations, and pass resolutions on matters of common interest.

8. The Committee shall have power to- (a) deliberate on and make recommendations to the C om m ission regarding any matter that the Committee considers to be o f com m on interest to its member universities and university colleges; (b) propose com m on regulations which way be adopted by the participating insitutions for giving effect to the provisions o f this A ct and to make provisions for all such other matters as ore o f com m on interest to universities including provision for a voluntary or non statutory federated staff welfare and retirement benefit schem e programme or plan for the participating universities; 472 No. 7 Universities 2005 (c) deliberate on and pass any resolution regarding any matter o f common interest to the members o f the Committee or o f their respective institutions with a view to the implementation o f the same or submitting it to any higher authority for consideration or information. THIRD SCHEDULE (Made under section 60) A m e n d m e n t s a n d R e p e a l s

Section 8Verify source

§ 1The Education A ct, 1978 is amendedRepeal

This section amends the Education Act, 1978 by repealing Part IX and changing section 33(1) as stated.

1. The Education A ct, 1978 is amended- (a) by repealing the whole o f Part IX; (b) in subsection (1) o f section 33 by inserting immediately after the word “training” appearing in the last line the phrase- "other than higher education level and training".

Section 1Verify source

§ 2The follow ing A cts are hereby repealedRepeal

This section repeals five listed university Acts and defines several terms used in the schedule.

2. The follow ing A cts are hereby repealed- (a) The M uhimbili University' C ollege o f Health Science A ct, 1991; (b) The Mzumbe University A ct, 2001; (c) T h e O p e n University o f Tanzania A ct, 1992; (d) The Sokoine University o f Agriculture A ct, 1984; and (e) The University o f Dar es Salaam A ct, 1970. Amend ment of the Educa tion Act, No. 25 o f 1978 Repeals Acts; Nos. 9 o f 1991; 21 of 2001; 17 o f 1992; 6 o f 1984; and 12 o f 1970 FOURTH SCHEDULE (M ade under section 61) PARTI T r a n s it io n a l a n d C o n s e q u e n t ia l P r o v i s i o n s f o r H ig h e r E d u c a t io n A c c r e d it a t io n C o u n c il l . - ( l ) In this Schedule- "effective date” means the date o f com m encem ent o f this Act; ‘‘existing university” includes an institution that was in existence, whether active or Interpre tation 473 No. 7 Universities 2005 Act No. 25 of 1978 inactive, immediately before the effective date, which, by its m ission, programmes, student admission requirements and awards, offered a level o f education and training that interm ediate or full academ ic or professional qualifications and com petence, whether it was already granted accreditation or not under Part IX o f the amended Act or any other applicable written law; led to either "former Council" means the Higher Education Accreditation Council established by the Education Act, 1978; "former officer" means any person employed on the staff o f the former Council immediately preceding the effective date and includes the persons so em ployed as the Executive Secretary or Assistant Executive Secretary o f the former Council: includes, contracts, guarantees, agreem ents bonds, authorities, mortgages charges, bill o f exchange, promissory notes, bank drafts, bank cheques, letters o f credit and securities. "instrument" Assets and liabil ities

Section 2Verify source

§ 2( l) A ll assets and liabilities o f the former Council, subsisting upon the effectiveProvision

The Commission must carry out and continue the former Council’s functions, and the former Council’s assets and liabilities vest in the Commission on the effective date.

2 .-( l) A ll assets and liabilities o f the former Council, subsisting upon the effective date shall, by virtue o f this Act and without further assurance, vest in the Com m ission, and the former Council shall, as from the effective date, be discharged from its obligations in respect o f every such liability. (2) The C om m ission shall carry out and continue the functions o f the former Council in accordance with the provisions o f this Act. Former O fficer

Section 2Verify source

§ 3(l) Subject to the provisions o f paragraph 4. every former officer shall, as fromProvision

Former officers are treated as employees of the Commission from the effective date.

3 .-(l) Subject to the provisions o f paragraph 4. every former officer shall, as from the effective date, be deemed to be an em ployee o f the Com m ission. (2) Where a former officer becom es employed by the Com m ission by virtue o f sub-paragraph (1), the terms and conditions o f service o f his em ployment in the service o f the C om m ission shall be in accordance with the provisions o f this Act and any regulations made there under: Provided that this sub-paragraph shall not apply so as to permit any reduction in the salary to which such former officer w as entitled immediately before the effective date. (3) Every former officer who. by virtue o f this paragraph, becom es an em ployee o f the C om m ission shall be deemed to have been appointed to the service o f the Com m ission on the effective date in accordance with the provisions o f this Act. (4 ) For the purpose o f determ ining any right to a gratuity or other pension or terminal benefit, o f a former officer his service with the C om m ission shall be regarded as continuous with his service immediately preceding the effective date; his em ployment immediately prior to the effective date and his em ployment by the Com m ission shall be deemed to be continuous employm ent by one employer.

Section 3Verify source

§ 4(l) The Chairman may, after consultation with the Minister direct that a formerProvision

The Chairman may direct that a former officer be employed by the Commission, and the Minister may direct a gratuity or other payment if that does not happen; the Commission must comply, and the former officer cannot claim damages or other payment for loss caused by this Schedule.

4 .-(l) The Chairman may, after consultation with the Minister direct that a former officer be em ployed by the C om m ission in an office in the Com m ission corresponding to the office held by him immediately preceding to the effective date or in such other office as the Chairman may determine, and where such officer is so em ployed, the provisions o f paragraph 3 shall apply to him. 474 No. 7 Universities 2005 (2) Where any former officer to whom sub-paragraph (1) applies is not em ployed by the Com m ission in accordance with paragraph 3, the Minister may, direct the Com m ission to pay such officer such gratuity or other payment as he may consider fit and the Com m ission shall give effect to any such direction. (3) Subject to the provisions o f sub-paragraph (2), a former officer shall not, notwithstanding any provision o f the terms and conditions applicable to his em ployment immediately preceding the effective date or any provision o f any contract regulating his em ployment immediately preceding the effective date, be entitled to claim from the former Council or the C om m ission any damages or other payment whatsoever for any loss suffered by him by reason o f the operation o f the provisions o f this Schedule.

Section 4Verify source

§ 5(l) The instruments to which this paragraph applies include instrumentsSubstitution

Some instruments are carried over to the Commission, which steps into the former Council’s place and takes over related payment and property rights and liabilities.

5 .-(l) The instruments to which this paragraph applies include instruments- (a) to which the former Council is a party; Instru ments (b) under which any money is or may become payable or any other property is or may become liable to be transferred, conveyed or assigned to the former Council; or (c) under which any m oney is or may become payable or any other property is to be, or may become liable to be transferred, conveyed or assigned by the former Council which are subsisting on the effective date, other than any contract or agreement between the former Council and any former officer. (2) An instrument to which this paragraph applies shall, by virtue o f this paragraph, continue in full force and effect and the Com m ission shall, by this Act- (a) be substituted for the former Council as a party thereto; (b) be entitled to receive and enforce payment o f any money payable there under; (c) be entitled to obtain a transfer, conveyance or assignment o f and enforce possession of, any property which is to be transferred, conveyed or assigned there under; (d) be liable to make payment o f any money payable there under; or (e) be liable to transfer, convey or assign any property which is to be transferred, conveyed or assigned there under, as the case may be.

Section 5Verify source

§ 6( l) All regulations, rules, by-law s, orders, directions, circulars or otherRepeal

Earlier subsidiary legislation and related acts continue to operate after the effective date until they are repealed or replaced under this Act.

6 .-( l) All regulations, rules, by-law s, orders, directions, circulars or other subsidiary legislation made, given or issued under the repealed or amended Act and which are in force before the effective date shall remain in force after the effective date until they are repealed or replaced by regulations or other subsidiary legislation made under or in accordance with the provisions o f this Act. Subsidi ary legis lation (2) For avoidance o f doubt, all appointments, requirements, authorisations, accreditations, approvals, other things, including rights and liabilities made, given, taken, done or incurred under, and all funds, assets and other property' acquired by 475 Existing universi ty to com ply with this No. 7 Universities 2005 Existing university to comply with this Act Transfer o f assets and lia bilities Universi ties to continue their func tions Emplo yee o f the university Instru ments Subsi diary leg islation virtue o f or in accordance with the provisions o f the repeated or amended A ct shall be deemed to have been done, given, taken, made, incurred or acquired under this Act subject to such changes and provisions o f repeal or replacement as may be made as provided in sub-paragraph (1). C o n s e q u e n t ia l a n d T r a n s it io n a l P r o v is io n s f o r P u b l ic U n iv e r s it ie s PART II

Section 6Verify source

Part

SCHEDULES

§ 1(l) This Act may be cited as the Universities Act, 2005Commencement

This section says the Act may be cited as the Universities Act, 2005, and it starts on a date appointed by the Minister by notice in the Gazette.

1.-(l) This Act may be cited as the Universities Act, 2005. (2) This Act shall come into operation on such date as the Minister may, by notice published in the Gazette. appoint.

Section 1Verify source

§ 2Section 2Provision

This Act applies to Mainland Tanzania and Tanzania Zanzibar.

2. This Act shall apply to Mainland Tanzania as well as to Tanzania Zanzibar.

Section 2Verify source

§ 3In this Act, unless the context otherwise requiresShort title

This section defines many terms used in the Act, including accreditation, Commission, Minister, foreign university, public university, and student.

3. In this Act, unless the context otherwise requires - "Academic Committee* means a committee established in accordance with section 46; “accreditation" means a regulatory system for recognizing higher 421 Short title and com m ence ment Applica tion Interpre- No. 7 Universities 2005 education institutions and academic and professional programmes associated with those institutions for a level o f performance, integrity, appropriate standards and quality which entitle them to the confidence o f the education community and the public they serve; “accred ed institution"’ means an institution which has been given full legal requirem ents for recognition upon satisfaction o f the accreditation; ‘‘admission” means process o f accepting applications by potential students for entry v.ito higher education institutions on the basis of the criteria set for respective awards, courses or programmes o f the institutions; “affiliated college” means an autonomous higher education institution accredited to offer degree programme and confer degrees on behalf o f an accredited university; “campus” means any place or premises in which operations o f a higher education institution are carried on regularly; “campus college, campus institute or campus school” means a non-autonomous institution within the premises of, or in close proximity to, a university established by a legal instrument o f a university in accordance with section 19; “center o f excellency” means a university or university college designated as such and which has excelled in a particular field; “certificate” means an award of a professional qualification and competence, bearing that name or title, offered by a higher education institution; “Chancellor” means a Chancellor o f a university7 provided for under section 34; “charter” means a constitution or a written statement o f functions, organs of governance and principles o f a university granted under section 25; “college” means a college other than a university college established under section 19; “Commission” means the Tanzania Commission for Universities established under section 4; “conncctcd collcge” means an autonomous institution empowered to offer university level education, provided for under section 19; 'constituent college" means a semi-autonomous institution established in accordance with section 19 and empowered to offer university level education placed under the tutelage o f a university including a 422 No. 7 Universities 2005 foreign university, for nurturance with a view to its establishment as an independent university; “Council” means a Council o f a university established in accordance with section 43; “course” includes a planned series o f instruction periods based on an approved syllabus and forming part o f a curriculum or a programme designed for an award; “course o f study” means the structure for degrees or other academic or professional qualifications and the subjects o f study in such structure; “course regulations” means regulations in respect o f a course o f study for a university, college or other academic qualification o f a higher education institution; “degree” means an award o f a full academic and, or professional qualification and competence, bearing that name or title offered by a university accredited to offer degree programmes and confer degrees; “Deputy Director” means a Deputy Director o f an autonomous non-university institution or a university-based institute, centre or directorate provided for under section 41; 'Deputy Principal” means a Deputy Principal o f a university coilege or an autonomous non-universitv college provided for under section 39; “Deputy Vice Chancellor” means a Deputy Vice Chancellor of a university provided for under section 37; “diplom a” means an award o f an intermediate professional qualification and competence, bearing that name or title, offered by a higher education institution; “Director” means a Director o f an autonomous non-university institution or a university based institute, centre or directorate provided for under section 40; “Director o f Higher Education” means the Director o f Higher Education in the Ministry responsible for higher education; “Executive Secretary” means the Executive Secretary o f the Commission appointed under section 13; “foreign university” means a university which is incorporated and, or established in accordance with the law o f its country o f domicile and empowered to offer its programmes, courses and awards outside that country and authorized to carry on higher education operations, activities or functions in Tanzania in accordance with the provisions 423 No. 7 Universities 2005 of this Act; “Governing Board” means the governing board o f a university college other than a campus college provided for under section 43; “grant” means financial assistance from public funds or money given by or through the Government, local authority or other institution to a higher education institution to help it pay fully or partially for its projects, programmes or courses of study; “higher education” means university education; “higher education institution” means a university which offers a level of academic education and professional training that leads to full academic and or professional qualifications and competence; “institute” means a higher education institution which offers- (a) a level o f education and training in a specialized academic and, professional discipline or in a specified limited number o f specialized professional disciplines that leads to intermediate qualifications; and (b) if it is a campus college, sub-division or institute o f a university or o f a university college, a level o f education and training in a specialised academic or professional discipline or in a specified limited number o f specialised academic or professional disciplines that leads to full academic and or professional qualifications and competence; “institution” means a higher education institution; “intermediate awards” has the same meaning as “intermediate professional qualifications”; “intermediate professional qualifications” means certificates or diplomas offered by an institution; “Minister” means the Minister responsible for higher education; “Ministry” means the Ministry' responsible for higher education; “owner” includes a promoter, or founder o f an institution; “persons in disadvantaged groups” includes persons with physical, mental, social or economic disabilities; “President” means the President o f the United Republic o f Tanzania or in the case o f Tanzania Zanzibar the President o f the Revolutionary Government of Zanzibar; “private higher education institution” means a higher education institution whose infrastructure, maintenance and costs are owned and borne by a private person, or a company, trust or a non-governmental organization or an association; “Principal” means a Principal o f a university college or an autonomous 424 No. 7 Universities 2005 non-university college provided for under section 38; “programme” means a curriculum o f studies that leads to some form o f recognition or an academic or professional award; “public university” means a university which is owned by the Government o f the United Republic o f Tanzania, Regional or Local Government or by the Revolutionary Government o f Zanzibar; “Registrar” means a Registrar o f a higher education institution provided for under section 42; “school” means a sub-division o f a university or an autonomous non-university institution bearing that designation that offers or is established to offer a particular subject and impart specialised professional knowledge or skills involving practical training as a core aspect o f the subject; “senate” means a senate o f a university provided for under section 43; “self-study” means a unilaterally initiated comprehensive effort by an institution or a professional programme aimed at measuring progress o f the institution according to accepted standards and objectives and proposing improvements; “staff association” means an academic, administrative or technical staff association established in a university college or university in terms o f section 48; “student” means any person admitted to an institution as a candidate for a degree, diploma, certificate or other award o f an institution, and includes a part-time and an occasional or short-term student: “student oiganization” means a student organization established in terms o f section 49; “Tanzanian students” includes non-citizen students who are residents and have been accorded rights and privileges similar to those enjoyed by citizens in accordance with the provisions o f any law applicable in the United Republic; “tertiary education” means education beyond advanced level secondary school general education or technical training or its equivalent; “university” means an institution established under section 22, which offers a level o f education and training that leads to intermediate and full academic or professional qualifications and competence, namely, certificates, diplomas and degrees; “university college” includes a campus college, a constituent college or a connected college; “university education” means education offered at a university college 425 No. 7 Universities 2005 or university that leads to an award o f a degree; “university institute” means a campus institute; "university institution" includes a university college, university institute and a university school or a centre, directorate, faculty, department, library or unit established within or as part or sub-division o f a university; "university school" means a sub-division o f a university bearing that designation and that performs or is designed to perform functions of a school; "Vice Chancellor" means the principal academic and administrative officer o f a university appointed in accordance with section 36; and "visitation team" means a team of technical experts appointed to carry out an evaluation of an institution for accreditation, re-accreditation or other purposes. PART II T h e T a n z a n i a C o m m i s s i o n f o r U n i v e r s i t i e s (a) Establishment o f the Tanzania Commission fo r Universities

Section 3Verify source

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Education Act, 1978
Section 1
five listed university Act
Section 2

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Public Finance Act, 2001
Section 18

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