THE OPTOMETRY ACT

1.–(1) The Council shall consist of members namely- (a) a Chairman who shall be appointed by the Minister; (b) two members representing Optometrists or Ophthalmic Optician from the public sector; (c) one member representing Optometrist or Ophthalmic Optician from private sector; (d) one Optometrist or Ophthalmic Optician from private hospitals; (e) one Optometrist or Ophthalmic Optician from voluntary agencies; (f) the president of the Tanzania Optometry Association; (g) the Director responsible for preventive services in the Ministry of Health; (h) the Principal from the School of Optometry; (i) the representative from the Medical Council of Tanganyika; (j) Law Officer representing the Office of the Attorney General; and (k) one representative from the consumers. 366 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE OPTOMETRY ACT [CAP. 23 R.E. 2023] (2) The members of the Council shall be appointed by the Minister. (3) A member of the Council shall, unless he resigns or his appoint- ment is revoked by the Minister, hold office for a period of three years from the date of appointment and shall be eligible for re-appointment. (4) A person who is a member by virtue of his office shall cease to be a member upon ceasing to hold office in respect of which he is a member of the Council. (5) The Minister may fill any casual vacancy occurring in the mem- bership, and may revoke any appointment of any member, and appoint a replacement in accordance with the system of representation con- tained in subparagraph (1).

2.–(1) The Members shall elect a Vice-Chairman of the Council from amongst their number. (2) The Vice-Chairman shall, subject to his continuing to be mem- ber, hold office for a term of three years from the date of his election, but shall be eligible for re-election.

3.–(1) The Council shall ordinarily meet at such times and places as it deems necessary for transaction of its business, but shall meet at least once in every six months. (2) The Chairman or in his absence, the Vice-Chairman, may at any time call a special meeting of the Council, upon a written request by the majority of the members in office. (3) The Chairman or in his absence, the Vice-Chairman, shall pre- side at every meeting of the Council and in the absence of both the Chairman and the Vice-Chairman, the members present shall appoint a member from amongst themselves to preside over the meeting. Election of Vice-Chairman Meeting of Council Absent members to be represented

4. Where a member of the Council who is a member by virtue of his office is unable for any reason to attend any meeting of the Council he may nominate another person from his organisation to represent him in the meeting. Quorum Decision of Council

5. The quorum at any meeting of the Council shall be half of the members in office.

6.–(1) Subject to subparagraph (2), matters proposed to be deliberated upon at a meeting of the Council shall be decided by a majority of the votes of the members present and voting, in the event of an equality of votes, the person presiding over the meeting shall have a casting vote in addition to his deliberative vote. (2) Notwithstanding the provisions of subparagraph (1), where the Chairman so directs a decision may be made by the Council without a meeting by circulation of the relevant papers among the members, and the expression of the views of the members in writing, shall constitute 367 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE OPTOMETRY ACT [CAP. 23 R.E. 2023] Minutes of meetings the decision of the Council, but any member may require that the de- cision be deferred and the subject matter be considered at a meeting of the Council.

7.–(1) The Secretary shall record and keep minutes of all business conducted or transacted at the meeting, and the minutes of each meeting of the Council shall be read and confirmed or corrected and confirmed at the next meeting of the Council and signed by the person presiding over the meeting and the Secretary. (2) Minutes of the Council purporting to be signed by a person pre- siding over the meeting and the Secretary shall in the absence of proof of error be deemed to be a correct record of the meeting which the minutes purport to be. Validity of proceedings

8. Any act or proceedings of the Council shall not be invalid by reason of existence of any vacancy amongst its members or by reason of any defect in the appointment of any member. Council may regulate its own proceedings Proof of documents

9. Subject to the provisions of this Schedule, the Council may regulate its proceedings.

10. A document purporting to be made under the hand of the Registrar with respect to the decision or any resolution of the Council and having been issued on behalf of the Council, shall be receivable in all courts of law or tribunals or other bodies authorised to receive evidence and shall, unless the contrary intention is shown, be deemed and without further proof, to be sufficient evidence of what is contained in that document. 368 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.