The Atomic Energy Act

This section sets out that the Commission’s Board has fifteen members and specifies who appoints each category of member.

Jurisdiction: Tanzania
Instrument: Act or statute
Citation: The Atomic Energy Act
Version: Undated source snapshot
Language: en
Official source: View official record ↗

appointments board administration board composition board decision-making board governance board meetings board membership board proceedings board remuneration corporate administration corporate governance court procedure decision validity document execution evidence governance meeting procedure minutes official seals quorum record keeping regulatory approvals resignation temporary appointment +1 more

Statute overview

About this statute

This section sets out that the Commission’s Board has fifteen members and specifies who appoints each category of member. The members must elect one of their own as Vice-Chairman, who serves for one year if still a member and may be re-elected. When appointing Board members, the Minister must consider gender balance. Members normally serve for three years, may resign in writing to the Minister, and can lose office after three unexplained absences; the Minister fills vacancies after consulting the Board. If a Board member other than the Director-General cannot perform duties because of absence, illness, or another sufficient cause, the appointing authority may appoint a temporary member. The Board must meet as needed and at least once every three months. The Chairman, or the Vice-Chairman if the Chairman is absent, may call an extraordinary meeting and must call one if a majority of members in office makes a written request. The Chairman, or the Vice-Chairman if the Chairman is absent, must preside at meetings; if both are absent, the members present must choose one of their number to preside.

Read the provisions Ask with citations

Search within this statute

Search all stored provisions in this version.

Legal text

Provisions of The Atomic Energy Act

Showing 13 of 13

1
Short title
Verify source ↗

This section sets out that the Commission’s Board has fifteen members and specifies who appoints each category of member.

1.–(1) The Board of the Commission shall consist of fifteen members as follows: (a) a Chairman, who shall be appointed as such by the President; (b) the Director General of the Commission for Science and Technology; (c) the Director of Science and Technology in the Ministry responsible for science and technology; (d) a Law Officer appointed by the Attorney General on his behalf; (e) the Director of diagnostic services in the Ministry responsible for Health- Mainland Tanzania; (f) two representatives at a Directors’ level or above in the Ministries responsible for health and agriculture – Tanzania Zanzibar; (g) a senior military officer who is an expert in atomic energy matters or the related field from the Tanzania Peoples Defence Forces; (h) a representative at a Directors’ level or above in the Ministry responsible for energy and minerals; (i) a representative at a Directors’ level or above in the Ministry responsible for agriculture and livestock development; (j) three representatives from civil society appointed by the Minister, two of whom shall be from Tanzania Zanzibar; (k) any other two members appointed by the Minister from amongst the following: (i) Executive Director of Ocean Road Cancer Institute; 353 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE ATOMIC ENERGY ACT ACT [CAP. 188 R.E. 2023] (ii) the Director responsible for Industries in the Ministry responsible for industries and trade; (iii) the Director responsible for International Co-opera- tion in the Ministry of Foreign Affairs and East African Cooperation; (iv) a representative at the level of a senior lecturer or above and who is an expert in atomic energy matters from Universities; (v) any other person considered competent in atomic energy matters. (2) In making appointments of members of the Board the Minister, shall ensure that he appoints persons who, in his opinion, have the necessary qualification or experience to enable them to make a useful contribution to the deliberations of the Commission and to the effectual performance of its functions.
2
3. Application
Verify source ↗

The members must elect one of their own as Vice-Chairman, who serves for one year if still a member and may be re-elected. When appointing Board members, the Minister must consider gender balance.

2.–(1) The members shall elect one of their number to be the Vice-Chair- man who shall subject to his continuing to be a member, hold office for a term of one year, but shall be eligible for re-election. (2) The Minister when appointing members of the Board shall amongst other things consider and take into account gender balance. Vice-chairman Tenure of office of members
3
Application
Verify source ↗

Members normally serve for three years, may resign in writing to the Minister, and can lose office after three unexplained absences; the Minister fills vacancies after consulting the Board.

3.–(1) A member appointed under subparagraph (1) of paragraph 1 to this Schedule- (a) shall, unless his appointment is sooner terminated by the Minister, or he ceases tenure of office in any other way to be member, hold office for a period of three years but shall be eligible for reappointment; (b) may, at any time, resign from his office by giving notice in writing addressed to the Minister, and from the date specified in the notice or, if no date is so specified from the date of receipt of the notice by the Minister, he shall cease to be a Member; (c) the office of a member who is absent without any reasonable cause from three consecutive meetings of the Board shall, notwithstanding any representations, become vacant; and (d) in the event that a member other than a member from a civil society is unable to attend meeting an alternate member duly endorsed by him may attend the meeting on his behalf. (2) Where the office of a member becomes vacant pursuant to paragraph 3(1)(a) or (c) or by reason of incapacitation or death, the Minister shall, acting in consultation with the Board appoint a person to fill the vacancy that is created. Appointment of temporary member
4
Exemptions, exclusion and clearance
Verify source ↗

If a Board member other than the Director-General cannot perform duties because of absence, illness, or another sufficient cause, the appointing authority may appoint a temporary member.

4. When any member of the Board, other than the Director-General is, by reason of absence from the United Republic or illness or other sufficient cause, unable to perform his duties as a member of the Board, 354 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE ATOMIC ENERGY ACT ACT [CAP. 188 R.E. 2023] the appointing authority may appoint a temporary member in his place, and the temporary member shall hold office until he comes back or when the term of the office of the substantive member expires, which- ever occurs first.
5
Establishment of Commission
Verify source ↗

The Board must meet as needed and at least once every three months. The Chairman, or the Vice-Chairman if the Chairman is absent, may call an extraordinary meeting and must call one if a majority of members in office makes a written request. The Chairman, or the Vice-Chairman if the Chairman is absent, must preside at meetings; if both are absent, the members present must choose one of their number to preside.

5.–(1) The Board shall ordinarily meet at such times and places as it deems necessary for the transaction of 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 an extraordinary meeting of the Board, and shall call such a meeting upon a written request by majority of members in office. (3) The Chairman, or in his absence the Vice-Chairman, shall preside at every meeting of the Board and in the absence of both the Chairman and the Vice-Chairman, the members present shall elect a member from amongst themselves to preside over the meeting.
6
Functions of Commission
Verify source ↗

A Board meeting has quorum when half of the members in office are present.

6. The quorum at any meeting of the Board shall be half of all the mem- bers in office.
7
Appointment and duties of Director-General
Verify source ↗

Board decisions are made by consensus or majority vote, and the presiding person has a casting vote if votes are equal.

7.–(1) Without prejudice to subparagraph (2), a question proposed at a meeting of the Board shall be decided by consensus, or where there is no consensus by a majority of the votes of members present and voting and in the event of an equality of votes then the person presiding shall have a casting vote in addition to his deliberative vote. (2) The Board may decide without a meeting by circulation of the relevant Board papers among the members and the expression of the views of the members in writing, but any member may require that the decision be deferred and the subject matter be considered at a meeting of the Board.
8
Secretariat
Verify source ↗

The Board must keep records of business conducted at its meetings, and the minutes must be signed by the person presiding.

8.–(1) The Board shall cause to be recorded and kept details of all busi- ness conducted or transacted at its meetings, and the minutes of each meeting of the Board shall be signed by the person presiding at that meeting. (2) Any minutes purporting to be signed by the person presiding at a meeting of the Board shall, in the absence of proof of error, be deemed to be a correct record of the meeting whose minutes they purport to be.
9
Staff of Secretariat
Verify source ↗

A vacancy among the Board’s members does not affect the validity of its acts or proceedings.

9. The validity of any act or proceeding of the Board shall not be affected by any vacancy among its members whose minutes they purport to be.
10
Powers to appoint
Verify source ↗

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

10. Subject to the provisions of this Schedule, the Board may regulate its own proceedings. Meetings of Board Quorum Decisions of Board Minutes of meetings Vacancy not to invalidate proceedings Board to regulate its own proceedings 355 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE ATOMIC ENERGY ACT ACT [CAP. 188 R.E. 2023] Remunerations and allowances
11
Prohibition on use, possession, export, storage or transport of ionizing
Verify source ↗

Board members are entitled to remuneration, fees, or allowances for their services, and the Commission may prescribe the amounts subject to Ministerial approval.

11. Members of the Board shall be entitled to such remunerations, fees or allowances for their services and the Commission may from time to time prescribe such remunerations, fees and allowances payable to members subject to approval by the Minister. Official seal
12
Prohibition on administering ionizing radiation to persons
Verify source ↗

The Commission has an official seal, and its use must be authenticated by two signatories. Some contracts or instruments may be signed on behalf of the Commission by the Director-General or an authorised Board member without a seal.

12.–(1) There shall be an official seal of the Commission. (2) The application of the official seal of the Commission shall be authenticated by two signatories as follows: (a) the Chairman of the Board or some other member of the Board other than the Director-General authorised by the Board on that behalf; and (b) the Director-General or some other employee of the Commission permitted by the Board to act for that purpose in place of the Director-General. (3) Any instrument or contract which is executed or entered into by a person other than body corporate, shall not be required to be under seal, may be executed or entered into on behalf of the Commission by the Director-General or any member of the Board if that member has previously been authorised, either specifically or generally by resolution of the Board, to execute or enter into that particular instrument or contract or that class of instrument or contract. (4) Every document purporting to be a document executed or issued by or on behalf of the Commission and to be sealed with the official seal of the Commission authenticated in the manner provided for by subparagraph (2) to act for that purpose shall be deemed to be so executed or issued until the contrary is proved.
13
Prohibition on use and possession of plants and apparatus
Verify source ↗

A document said to be duly executed or issued under the Commission’s seal, or issued on behalf of the Commission, must be accepted as evidence in courts and other authorized bodies, and is treated as sufficient evidence unless proved otherwise.

13. Any document purporting to be duly executed or issued under the seal of the Commission to any resolution of the Board or as having been issued on behalf of the Commission, shall be receivable in all courts of law or tribunals or other bodies authorised to receive evidence and shall, unless the contrary is proven, be deemed, without further proof, to be sufficient evidence of what is contained in the document. Proof of documents 356 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.

Provision text is displayed from LexChat’s stored statute record. Use the official source links to verify amendments, commencement, and current legal force.

LexChat organizes source-backed legal information for research. Verify amendments, commencement, and current legal force with the official publisher before relying on it.

The Atomic Energy Act

About this statute

Search within this statute

Provisions of The Atomic Energy Act

Ask AI about this statute

Sign in to ask AI about this statute