The Higher Education Students’ Loans Board (Amendment) Act, 2007
This section gives the Act its short title and says it is to be read together with the principal Act.
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- The Higher Education Students’ Loans Board (Amendment) Act, 2007
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About this statute
This section gives the Act its short title and says it is to be read together with the principal Act. This section adds definitions for “eligible student,” “employer,” and “employment.” The Board’s composition is changed, the Chairman is appointed by the President, other members by the Minister, and the Minister must ensure at least one third of Board members are women. This section amends section 6 of the principal Act so that paragraph (c) says the relevant process covers administering and supervising the granting, repayment, and recovery of student loans. This provision amends section 7(1) of the principal Act to expand the Board’s powers over fees, budgeting, and major expenditure.
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Provisions of The Higher Education Students’ Loans Board (Amendment) Act, 2007
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- 1 Verify source ↗
This Act may be cited as the Higher Education Students’ Loans
This section gives the Act its short title and says it is to be read together with the principal Act.
1. This Act may be cited as the Higher Education Students’ Loans Board (Amendment) Act, 2007, and shall be read as one with the Higher Education Students’ Lo an s Board A ct, 2004 hereinafter referred to as Short title and construction “ the principal A ct” . P A R T II G e n e r a l A m e n d m e n t s - 2 Verify source ↗
The principal Act is amended in section 3, by inserting in appropriate
This section adds definitions for “eligible student,” “employer,” and “employment.”
2. The principal Act is amended in section 3, by inserting in appropriate alphabetical order the following definitions- Amend ment of section 3 “ eligible student” means a Tanzanian Student who fulfills conditions stipulated under section 17; “ employer” include natural and legal persons, institutions, licensing bodies, government and government institutions, non governmental organizations, registered professional bodies where the beneficiary belong, and any other body or organization in whose employment is a loan beneficiary or from where information o f loan beneficiaries can be obtained; “ employment” includes any circumstance through which loan beneficiary works for gain or any kind o f relationship between an employer and loan beneficiary in which the latter works for the former or through which the former deals with the latter in any manner or style whatsoever through which the employer and a loan beneficiary transact. 783 !Mo. \1 /Ugher Education Students Loons Hoard (Amendment) 2007 Ameml- m v.n l t il' .scction 5 - 3 Verify source ↗
The principal Act is amended in section 5 by
The Board’s composition is changed, the Chairman is appointed by the President, other members by the Minister, and the Minister must ensure at least one third of Board members are women.
3. The principal Act is amended in section 5 by- (a) repealing subsection (1 ) and substituting for it the following subsection: " (1) The Board shall consist o f nol less than nine and not more than fourteen members as Ibllows:- (a) a Chairman; (b) the Director o f I lighcr l-iducation; (c) one member from the Treasury; (d) the Director o f Technical Education: (c) a legally qualified member from the /\ttorncy-(ieneral'sC'hambeis; (I) one member representing the employers' association ofTan/ania; (g) one member from the financial institution; (h) one member nominated by an organ representing public higher education institutions; (i) one member nominated by an organ representing private higher education institutions; ( j) one member representing the Minister responsible for finance in the Revolutionary Government o f Zanzibar; ( k ) one student representing public higher education institutions: (I) one student representing private higher education institutions; and ( m) two eminent persons having knowledge and experience in the management o f higher learning institutions". (b) repealing subsection (2) and substitution for it the following provision: "(2 ) I he Chairman shall be appointed by the President and other members shall be appointed by the Minister upon their nomination or election by persons or institutions w hom they each represent: Prov ided that, in appointing members of the Board the Minister shall ensure that at least one third o f the members of the Board consists o f women". (c) inserting after subsection (5) the follow ing new provision: “ (6) The provisions o f subsection ( I ) shall not prejudice the tenure o f office o f the sitting chairman.” : (d) in the marginal note by inserting the words “ and appointment" immediately after the word “ composition". 784 No. 17 Highe r Education Students ’ Loans Board (Amendment) 2007 - 4 Verify source ↗
The principal Act is amended in section 6 by deleting paragraph
This section amends section 6 of the principal Act so that paragraph (c) says the relevant process covers administering and supervising the granting, repayment, and recovery of student loans.
4. The principal Act is amended in section 6 by deleting paragraph (c) and substituting for it the following: “ (c ) to administer and supervise the whole process o f granting, repayment and recovery o f loans issued to students; - 5 Verify source ↗
The principal Act is amended in section 7( 1) by
This provision amends section 7(1) of the principal Act to expand the Board’s powers over fees, budgeting, and major expenditure.
5. The principal Act is amended in section 7( 1) by- Amend- ment o f section 6 Amend ment o f section 7 (a) inserting the phrase “ or other interest bearing assets5' between the words “ securities” and “ such funds” appearing in paragraph (c); (b) deleting paragraph (e) and substituting for it the fol lowing: “ (e) to demand and receive such fees for services rendered by officers and other employees o f the Board.” ; (c) deleting paragraph (o) and substituting for it the fol low ing- “ (o) to consider and approve the annual budget submitted by the management for the purpose o f monitoring and reviewing financial statements and authorize fnajor expenditure for the Board.” - 6 Verify source ↗
The principal Act is amended in section 9 by inserting immediately
Section 6 adds a proviso on Board delegations of power: a delegation made by the Board, in any form or style, counts as a valid delegation without further proof.
6. The principal Act is amended in section 9 by inserting immediately after subsection (3) the following proviso: “ Provided that any delegation o f power made under any form or style by the Board shall constitute a delegation o f such powers without further proof.” - 7 Verify source ↗
The principal Act is amended in section 16(2) by
The Board may determine how much students or related persons must contribute toward loan amounts, and it must offer eligible students loans for the items listed in section 16(2), including special needs for students with disabilities.
7. The principal Act is amended in section 16(2) by- (a) deleting the word “ and” appearing in paragraph (d) and inserting it after the word “ fees” appearing in paragraph (e); inserting immediately after paragraph (e) the following new (b) paragraph- “ (f) special needs for students with disabilities” ; (c) inserting immediately after the proposed paragraph (f) the following proviso- A m e n d ment o f section 9 Amend ment of section 16 785 No. 17 Higher Education Students ' Loans Board (Amendment) 2007 “ Provided that the Board shall offer to eligible students loans in respect of items specified under sub-section (2) to the extent as it may determine.” (d) adding immediately after subsection (2) the following subsections- “ (3) The Board shall determine percentage o f the amount o f the sum that shall be contributed by a student, a parent, a guardian or other person concerned as the case may be. (4) Where the Board has determined the percentage of the contribution in terms o f subsection (3), every student, parent, guardian or other person concerned shall be obliged to contribute the amount o f the sum equal to a percentage determined by the Board.” Amend ment of section 18 - 8 Verify source ↗
The principal A ct is amended in section 18 by adding new
The Board must cancel a loan and require full repayment if a loan beneficiary knowingly or recklessly gave false information; it may also start proceedings against that beneficiary.
8. The principal A ct is amended in section 18 by adding new subsections immediately after subsection (3) as follows: Amend ment o f section 19 “ (4) The Board shall immediately cancel issuance o f loan to any loan bcneficiary and demand repayment o f the whole loan issued to any such beneficiary in one installment when found that such bcneficiary, knowingly or recklessly; supplied orcauscd to be supplied false information to the Board or to the Institution where such beneficiary is admitted lor studies. (5) Notwithstanding the provisions o f subsection (2), the Board may institute proceedings against any loan beneficiary who furnished orcauscd to be furnished false information to the Board or to the institution where such bcneficiary is admitted for studies.” i* - 9 Verify source ↗
Section 9
The amendment changes how student loan repayments and related deductions are handled, and caps deductions at one third of a beneficiary’s total net monthly income.
9. The principal Act is amended in section 19(2) by- (a) deleting paragraph (a) and substituting for it the following: “ (a) calculated on the basis o f student loan agreement;” (b) adding the word “ and” immediately after the word “ account" appearing at the end o f paragraph (b); (c) deleting the proviso appearing under paragraph (b); (d) adding immediately after paragraph (b) the following paragraph i c ) which the Board or the Government has paid directly to the account o f the institution in which the bcneficiary pursued studies, being a tuition fee or for other costs related to the beneficiary’s studies.” (c) deleting paragraph (a) o f subsection (4) and substituting for it the following- 786 j\0> 1 7 Higher Education Students ' Loans Board (Amendment) 2007 "(a ) arrange w ilh the employer monthly deductions from his salary for remittance to the Board and o f such amount and for such period as shall be determined by the Board.” (I) inserting a proviso immediately after paragraph (b) o f sub-section (4): "Provided that any deduction from wages, salaries or any income o f beneficiaries shall not exceed one third o f the total net income per month.’* (g) deleting paragraph (a) o f subsection (5) and substituting for it the following: “ (a ) arrange with the Board about the amount and period during which remittance o f money shall be made to the Board;” - 10 Verify source ↗
Section 19A o f the principal Act isamended
This section sets a loan-recovery process: the Board may send a demand notice, then seek a summary warrant from court if the loan beneficiary does not pay on time.
10. Section 19A o f the principal Act isamended- (a) by renaming the contents o f that section as subsection ( I ): (b) by adding immediately after sub-section ( I ) as renamed the following new subscctions:- “ (2) When any prescribed amount o f loan i.s, in accordance with a certificate o f the Executive Officer, due to the loan beneficiary such amount shall be debt accrued and the Board may cause a demand notice to the loan beneficiary through his known address or in widely circulating local newspapers to settle the prescribed amount within twenty one days from the date o f such notice. (3) Where such demand notice is properly served and the loan beneficiary fails to pay within the time specified in the notice, the Board shall apply to the competent court for summary warrant, which shall be designed by the Board to recover the debt. (4) Where the application has been made under sub section (3). the court may grant the warrant on production by the Board o f lists o f the names and the addresses o f loan beneficiaries and the amount due by everyone with a certificate of the Executive Officer certifying that such loan beneficiaries have been duly required to repay but have faulted. (5) livery warrant issued under sub-section (4) shall be executed in all respect as though it were both warrant o f attachment and a warrant o f sale issued by the court. Amend ment of Section I9A No. 17 Higher Education Students ' Loans Board (Amendment) (6) Notwithstanding subscction (5) the court shall have and exercise power to issue warrant o f attachment and warrant of sale under this Act. (7) A ny claim for repayment o f loan under this Act may be instituted C a p . 33 in the court under Order X X X V o f the C ivil Procedure Act. (8) For the purposes o f recovery o f loans, proceedings may be brought to the court within the period o f ten years from the date when the debt bccamc due. (9 ) The court may, for sufficient Vcasons, extend by h alf the period o f time prescribed under subsection (8).” Amend ment of section 20 - 11 Verify source ↗
Section 20 o f the principal Act is amended in subscction (1 )
Section 20(1) is amended to remove the Board-triggered wording and replace the deadline with 28 days from the date a loan beneficiary is employed.
11. Section 20 o f the principal Act is amended in subscction (1 )- (a) by deleting the words “ when so required by the Board” appearing at the opening words; and (b) by deleting the words “ within the period as may be prescribed” appearing in paragraph (a) and substituting for them the words “ within twenty eight days from the date on which such loan beneficiary is employed.” Amend ment of section 21 - 12 Verify source ↗
The principal Act is amended in section 21 by deleting subsection
Employers who use a loan beneficiary must not hide that fact from the Board or skip a repayment plan; breaches are offences with fines, jail terms, and possible loan recovery by the Board.
12. The principal Act is amended in section 21 by deleting subsection (2) and substituting for it the following new subsections- “ (2) Where any person employs a loan beneficiary and fails to disclose or conceals such information to the Board or fails to arrange for repayment plan with such beneficiary, such person commits an offcnce and shall be liable upon conviction to a fine o f seven million shillings or imprisonment for a term not less than twelve months or to both. (3) Where an employer is a corporate body, then the C h ie f Executive Officer or any other accountable officer o f such body shall be personally liable for the penalty and for the purposes o f this Part, the Companies Act or any other law protecting such officers with corporate status shall not apply. (4) Without prejudice to the provisions o f subscction (2), where an employer employs a loan beneficiary and fails to disclose that information to the Board as required in this Act, the Board shall recover the whole amount o f loan due to the beneficiary from the employer in wholesome single payment. 788 No. 17 Higher Education Students ' Loans Board (Amendment) 2007 (5) A n y person who obstructs any member, an employee or an officer o f the Board, or its appointed agent from doing any act authorized by this Act or Regulations made under the Act, commits an offence and shall be liable upon conviction, to a fine not exceeding seven million shillings or imprisonment for a term o f not less than twelve months or to both. (6) The Board, Board employees or it’s agents shall have powers to inspect any record of the employer for searching the beneficiaries information.” - 13 Verify source ↗
The Principal Act is amended in section 22 by
The amendment makes the guarantor responsible for paying the loan if the loan beneficiary does not pay, and the Board may pursue the guarantor only after trying and failing to get repayment from the loan beneficiary.
13. The Principal Act is amended in section 22 by- (a) renaming the content o f that section as subsection (1); Amend- ment o f section 22 (b) deleting paragraph (c) and substituting for it the follow ing- “ (c) he provides the information and does any other thing or things required to be given or done by the loan beneficiary under the provisions o f this A ct;” (c) adding immediately after paragraph (c ) the follow ing new paragraph - “ (d) where the debt is due and payable to the Board and the loan beneficiary fails to pay the loan, he pays the loan as if he were the loan beneficiary and all recovery mechanism shall apply against the guarantor.” (d) adding immediately after subsection (1) as renamed the following subsection - “ (2 ) The Board shall proceed against the guarantor only when the Board has made efforts to have the loan beneficiary repay the loan and such efforts proved futile.” - 14 Verify source ↗
The principal Act is amended in section 23 by repealing subsection
Section 14 replaces section 23(1) so that a person commits an offence if they act or omit to act contrary to the relevant Part or Regulations, or knowingly or recklessly give false information.
14. The principal Act is amended in section 23 by repealing subsection (1) and substituting for it the following provision: Amend ment o f section 23 “ (1 ) A ny person who- (a) does or omits to do an act or thing contrary to the provisions of this Part or Regulations made under the provision in this Part; (b) knowingly or recklessly furnishes false information, commits an offence and shall be liable on conviction to a tine of not less than one million shillings or to imprisonment for a term of not less than twelve months or to both.” - 15 Verify source ↗
The principal A ct is amended in section 24 by
The Board may start proceedings for offences under the Act whenever it has enough evidence to justify prosecution.
15. The principal A ct is amended in section 24 by- (a) deleting subsection (1) and substituting for it the following- Amend ment o f section 24 789 No. 17 Higher Education Students’ Loans Board (Amendment) 2007 “ (1 ) Proceedings for offences under this Act may commence at any time when the Board has sufficient evidence to justify prosecution.” (b) adding immediately after subsection (4) the follow ing new subsection- Cap. 89 “ (5) For the purposes of this Part the Law of Limitations Act shall not apply." Amend ment of section 27 Addition o f section 28A Addition o f section 32A Amend ment of section 33 - 16 Verify source ↗
The principal A ct is amended in section 27 (1 )(b) by deleting the
This provision amends section 27(1)(b) by replacing one phrase with “the Controller and Auditor General or his appointee”.
16. The principal A ct is amended in section 27 (1 )(b) by deleting the words “ a recognized auditors as may be appointed by the Board” and substituting for them the words “ the Controller and Auditor General or his appointee” . - 17 Verify source ↗
The principal Act is amended by adding immediately after section
This provision amends the principal Act by adding a new section after section 28.
17. The principal Act is amended by adding immediately after section 28 the following new section- •Exemp- - 28A Verify source ↗
The Board shall be exempted from payment o f all
The Board is exempt from paying all taxes, rates, duties, and charges.
28A. The Board shall be exempted from payment o f all taxes'0111 taxes, rates, duties and charges.” - 18 Verify source ↗
The principal Act is amended by adding immediately after section
This provision amends the principal Act by adding a new section immediately after section 32.
18. The principal Act is amended by adding immediately after section 32 the following new section: Remitta- - 32A Verify source ↗
The M inister o f Finance shall, in every financial year,
The Minister of Finance must, every financial year, remit at least 0.5% of annual revenues collected from the skills development levy to the Board’s account.
32A. The M inister o f Finance shall, in every financial year, remit to the account o f the Board the sum ol not less than zero point five per cent of the annual revenues collected from the skills development levy.” - 19 Verify source ↗
Section 33 o f the principal Act as is amended in subsection (2) by
This section amends subsection (2) of Section 33 of the principal Act by deleting paragraphs (e) and (g) and renaming later paragraphs.
19. Section 33 o f the principal Act as is amended in subsection (2) by- (a) (b) deleting paragraphs (e) and (g) respectively; renaming paragraphs (0 . (h) and (i) as paragraphs (e), ( 0 and (g). Passed in the National Assem bly on 13,h August, 2007. D a m i a n S . L. F o k a Clerk o f the National Assembly
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