The National Construction Council Act
This section sets out how the Council is made up and who appoints its members.
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- Tanzania
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- The National Construction Council Act
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- en
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Statute overview
About this statute
This section sets out how the Council is made up and who appoints its members. The members must elect one of their number to be Vice-Chairman of the Council. Council members serve for the appointed term or, if no term is stated, for three years, and may be re-appointed. Some members may resign by written notice. A Council member who holds office by virtue of another office may, if unable to attend a meeting, nominate someone from their organisation in writing to attend instead. If a member leaves office early, the appointing authority may appoint a replacement, and the replacement serves out the rest of the original term.
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Provisions of The National Construction Council Act
Showing 14 of 14
- 1 Verify source ↗
Short title
This section sets out how the Council is made up and who appoints its members.
1. The Council shall consist of- (a) a Chairman, who shall be appointed by the President among person with sufficient knowledge in the construction industry and related activities; (b) seven members representing the public sector appointed by the Minister one from each of the following: (i) Ministry responsible for infrastructure development; (ii) Ministry responsible for local government; 689 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE NATIONAL CONSTRUCTION COUNCIL ACT [CAP. 162 R.E. 2023] (iii) Ministry responsible for lands, housing and human settlement development; (iv) Ministry responsible for water; (v) Ministry responsible for finance; (vi) Ministry responsible for science and technology; and (vii) an institution of higher learning training persons to be engaged in construction industry. (c) seven other members representing the private sector appointed by the Minister from the professionals, categories of groups or institutions as follows: two contractors; (i) (ii) one architect; (iii) one engineer; (iv) one quantity surveyor; (v) one member representing the manufacturers and suppliers of construction equipment and materials; and (vi) one member representing the Tanzania Private Sector Foundation. (d) three other member appointed by the Minister from amongst person who, in his opinion, have the necessary experience or qualification to enable them, to make a useful contribution to the realisation of the objective and to the deliberation of the Council. - 2 Verify source ↗
Interpretation
The members must elect one of their number to be Vice-Chairman of the Council.
2. The members shall elect one of their number to be the Vice-Chairman of the Council, and any member elected as Vice-Chairman shall, subject to his continuing to be a member, hold office for a term of one year from the date of election, and shall be eligible for re-election. - 3 Verify source ↗
Establishment of Council
Council members serve for the appointed term or, if no term is stated, for three years, and may be re-appointed. Some members may resign by written notice.
3.–(1) A member shall, unless his appointment is sooner terminated by the President or as the case may be, by the Minister, or that person ceases in any other way to be a member, holding office for the period specified by the President, in the case of the Chairman, or by the Minister, in the case of any other member, in the instrument of that person’s appointment or, if no period is so specified, for a period of three years from the date of that person’s appointment and shall be eligible for re-appointment. (2) A member appointed under paragraph 1(a), (c) or (d) may at any time resign his office by giving notice in writing to the President or, as the case may be, to the Minister, and from the date specified in the notice or, if no date is so specified, from the date of the receipt of the notice by the President or the Minister, he shall cease to be a member. Vice-Chairman Tenure of appointment Absent member to be represented at meetings - 4 Verify source ↗
Functions of Council
A Council member who holds office by virtue of another office may, if unable to attend a meeting, nominate someone from their organisation in writing to attend instead.
4. Where a member of the Council who is a member by virtue of his holding some other office is unable for any reason to attend any meeting, he may nominate in writing another person from his organisation to attend that meeting in his place. 690 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE NATIONAL CONSTRUCTION COUNCIL ACT [CAP. 162 R.E. 2023] Casual vacancies Power of Chairman and Vice-Chairman Meeting and procedure of Council Quorum Decisions of Council Minutes of meetings - 5 Verify source ↗
General powers of Council
If a member leaves office early, the appointing authority may appoint a replacement, and the replacement serves out the rest of the original term.
5. Where any member ceases to be a member for any reason before the expiration of his term of office, the appointing authority may appoint another person in his place and the person so appointed shall hold office for the remainder of the term of office of his predecessor. - 6 Verify source ↗
Chief Executive Officer
The Chairman must preside over Council meetings, or the Vice-Chairman if the Chairman is absent. If both are absent, the members present may choose a temporary Chairman. The presiding person also gets a vote, and a casting vote if votes are equal.
6.–(1) The Chairman shall preside at all meetings of the Council. (2) Where at any meeting of the Council the Chairman is absent, the Vice-Chairman shall preside. (3) In the absence of both the Chairman and the Vice-Chairman at any meeting of the Council, the members present may, from amongst their number elect a temporary Chairman who shall preside at the meeting. (4) The Chairman, Vice-Chairman or a temporary Chairman preceding at the meeting of the Council, shall have a vote and, in the event of an equality of votes, shall have a casting vote in addition to his deliberative vote. - 7 Verify source ↗
Staff of Council
The Council must meet at least twice a year, with extra meetings fixed by the Chairman or, if needed, the Vice-Chairman. The Chief Execute Officer must give each member adequate notice of each meeting. The Council may invite non-members to meetings, but invited non-members cannot vote.
7.–(1) The Council shall ordinarily meet for the transaction of its business not less than twice during every year and at any additional times which may be fixed by the Chairman or, if he is absent from the United Republic or unable for any reason to act, the Vice- Chairman. (2) The Chairman or, in his absence from the United Republic, the Vice-Chairman may, and upon application in writing by at least five members, shall convene a special meeting of the Council at any time. (3) The Chief Execute Officer of the Council shall give to each member adequate notice of the time and place of each meeting. (4) The Council may invite any person who is not a member to participate in the deliberation at any meeting of the Council, but any person so invited shall not be entitled to vote. - 8 Verify source ↗
Delegation of powers of appointment
A Council meeting has quorum only if at least half of the members in office are present.
8. At any meeting of the Council not less than one half of the members in office shall constitute a quorum. - 9 Verify source ↗
Repealed
Council meeting decisions are made by majority vote of members present, unless the casting-vote rules say otherwise; a decision can also be made without a meeting by circulating papers and getting the written views of a majority.
9.–(1) Subject to the provisions relating to the a casting vote, all questions at a meeting of the Council shall be determined by a majority of the votes of the members present. (2) Notwithstanding subparagraph (1), a decision may be made by the Council without a meeting by circulation of the relevant papers among the members, and the expression in writing of the views of the majority of the members. - 10 Verify source ↗
Boards and other committees
The Council must keep minutes of all business at its meetings, and those minutes must be read and confirmed or amended and confirmed at the next meeting, then signed by the person presiding.
10.–(1) The Council shall cause to be recorded and kept minutes of all business conducted or transacted at its meetings, and the minutes of each meeting of the Council shall be read and confirmed, or amended and confirmed, at the next meeting of the Council and signed by the person presiding at the meeting. 691 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE NATIONAL CONSTRUCTION COUNCIL ACT [CAP. 162 R.E. 2023] (2) Minutes purporting to be signed by the person presiding at a meeting of the Council shall, in the absence of proof of error, be deemed to be a correct record of the meeting whose minutes they purport to be. Vacancies, etc, not to invalidate proceedings - 11 Verify source ↗
12. Council may call for information on research
The Council’s acts and proceedings remain valid even if there is a vacancy or an appointment defect, and the Council may regulate its own proceedings.
11. The validity of any act or proceeding of the Council shall not be affected by any vacancy among its members or by any defect in the appointment of any of them. Orders, directives Seal of Council Act No. 25 of 2007 s. 10 Council may regulate its own proceedings - 12 Verify source ↗
Council may call for information on research
Council documents of this kind must be signed by the Chairman, the Chief Executive Officer, or another officer authorised in writing by the Chief Executive Officer.
12. The orders, directives, notices or other documents made or issued on behalf of the Council shall be signed by- (a) the Chairman of the Council; or (b) the Chief Executive Officer or any other officer or officers of the Council authorised in writing in that behalf by the Chief Executive Officer. - 13 Verify source ↗
Minister may give directives
The Council seal must not be affixed to an instrument unless certain Council officers are present.
13. The seal of the Council shall not be affixed to any instrument except in the presence of the Chairman or the Vice-Chairman or the Chief Executive Officer or any officer of the Council authorised in writing by the Chief Executive Officer. - 14 Verify source ↗
Funds of Council
The Council may regulate its own proceedings, subject to the Schedule.
14. Subject to the provisions of the Schedule, the Council may regulate its own proceedings. 692 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.
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