The National Examinations Council of Tanzania Act

The Council must be made up of specified members, and the Council may co-opt up to four additional persons to attend and give expertise.

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Jurisdiction: Tanzania
Instrument: Act or statute
Citation: The National Examinations Council of Tanzania Act
Version: Undated source snapshot
Language: en
Official source: View official record ↗

appointments board governance board membership board or council procedure council composition governance internal authorization meeting governance meeting minutes meeting procedure meetings official seal quorum record keeping removal tenure voting

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The Council must be made up of specified members, and the Council may co-opt up to four additional persons to attend and give expertise. The Chairman and Council members hold office for four years unless the Minister ends the appointment or membership otherwise ends, and they may be reappointed for one further term. A Council member may stop serving if they lose the post that entitled their appointment, and the appointing authority may remove and replace a member on listed grounds. If a member cannot attend a Council meeting because of illness, infirmity, or absence from the United Republic, the appointing authority may appoint a temporary member. The temporary member must stop holding office when the substantive member resumes office. The Council must elect one of its members as Vice-Chairman. The elected Vice-Chairman serves for one year from election, if still a member, and may be re-elected.

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Legal text

Provisions of The National Examinations Council of Tanzania Act

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AI-assisted research summary: The Council must be made up of specified members, and the Council may co-opt up to four additional persons to attend and give expertise.

1.-(1) The Council shall consist of- (a) a Chairman who shall be appointed by the President from amongst the Vice Chancellors of the accredited Public Universities established in the United Republic; (b) one member appointed by the Minister responsible for education in consultation with the Minister responsible for local government from among head teachers of secondary schools; 18 The National Examinations Council of Tanzania Act [CAP. 107 R.E. 2019] (c) one member appointed by the Minister responsible for education in consultation with the Minister responsible for local government from among head teachers of primary schools; (d) one member appointed by the Minister responsible for education representing private institutions, who has experience and qualifications in education matters; (e) one member from the Ministry responsible for regional local government who has administration and experience and qualifications in education matters; (f) three members from Tanzania Mainland appointed by the Minister responsible for education from amongst people who have experience in education assessment matters, finance, planning, community development, gender, children and social welfare; (g) three members from Tanzania Zanzibar appointed by the Minister responsible for education in consultation with the Minister responsible for education in the Revolutionary Government of Zanzibar, from among people vested with qualifications relevant for education and assessment. In appointing members of (2) the Council under subparagraph (1)(f) and (g), the Minister shall have due regard to representation of special groups. (3) The Council may co-opt not more than four persons to attend and provide expertise during the deliberation of the Council on such matters as the Council may determine but such persons shall not have the right to participate in the decision making of the Council. Tenure of office
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Short title
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AI-assisted research summary: The Chairman and Council members hold office for four years unless the Minister ends the appointment or membership otherwise ends, and they may be reappointed for one further term.

2. The Chairman and members of the Council shall, unless the appointment is terminated by the Minister, or ceases in any other way to be a member, hold office for a period of four years and shall be eligible for reappointment for one further term. Cessation of membership Cap. 4 s. 8
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AI-assisted research summary: A Council member may stop serving if they lose the post that entitled their appointment, and the appointing authority may remove and replace a member on listed grounds.

3.-(1) A member appointed by virtue of his office shall cease to be a member upon ceasing to hold the post that entitled his appointment to the Council. (2) A member of the Council shall cease to be a member upon advice by the Council to the Minister of the fact, and the appointing authority may terminate the appointment of the member and appoint another member in his place if he: (a) has been absent for three consecutive meetings of the Council without reasonable cause; (b) is convicted of a criminal offence and sentenced to imprisonment for a term exceeding six months or to a thousand Tanzanian fine exceeding five hundred 19 The National Examinations Council of Tanzania Act [CAP. 107 R.E. 2019] Appointment of temporary member Vice-Chairman Power of Chairman and Vice-Chairman Meetings and procedure of Council Act No. 12 of 2019 s. 36 shillings; (c) is convicted of an offence involving dishonesty or fraud; (d) is adjudged bankrupt or enters into a composition scheme or arrangement with his creditors; (e) is incapacitated by physical or mental illness or is deemed otherwise unfit to discharge his duties as a member of the Council; or (f) fails to comply with the provisions of this Act relating to disclosure.
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AI-assisted research summary: If a member cannot attend a Council meeting because of illness, infirmity, or absence from the United Republic, the appointing authority may appoint a temporary member. The temporary member must stop holding office when the substantive member resumes office.

4. Where any member is by reason of illness, infirmity or absence from the United Republic, unable to attend any meeting of the Council, the appointing authority may appoint a temporary member in his place and the temporary member shall cease to hold office on the resumption of office of the substantive member.
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AI-assisted research summary: The Council must elect one of its members as Vice-Chairman. The elected Vice-Chairman serves for one year from election, if still a member, and may be re-elected.

5. The Council shall elect one of its members to be the Vice- Chairman and any member elected as Vice-Chairman shall, subject to his continuing to be a member, hold office of Vice-Chairman for a term of one year from the date of his election and shall be eligible for re-election.
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AI-assisted research summary: The Chairman presides at Council meetings; if absent, the Vice-Chairman presides; if both are absent, the members present may elect a temporary Chairman. The person presiding has a vote and, if votes are equal, a casting vote.

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 that meeting. (4) The Chairman, Vice-Chairman or a temporary Chairman presiding at any 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.
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AI-assisted research summary: The Council must meet at least every three months, and extra meetings may be fixed by the Chairman or Vice-Chairman. The Chairman or Vice-Chairman may also call a special meeting on written application by at least five members. The Executive Secretary must give each member adequate notice of each meeting.

7.-(1) The Council shall ordinarily meet at least once in every three months 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, convene a special meeting of the Council at any time. (3) The Executive Secretary of the Council shall give to each member adequate notice of the time and place of each meeting. 20 The National Examinations Council of Tanzania Act [CAP. 107 R.E. 2019] Quorum Decisions of Council
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AI-assisted research summary: A Council meeting has a quorum only if at least half of the members currently in office are present.

8. At any meeting of the Council not less than one half of the members in office for the time being shall constitute a quorum.
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AI-assisted research summary: Council questions are decided by a majority of members present, subject to any casting vote rule. If a member does not vote, they are treated as having voted against.

9. Subject to the provisions relating to a casting vote, all questions at a meeting of the Council shall be determined by a majority of the votes of the members present and if any member refuses or fails to vote on any question n he shall be deemed to have cast a negative vote. Seal of Council
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AI-assisted research summary: The Council controls its seal, and the seal may be used only if the Council has resolved to do so.

10.-(1) The seal of the Council shall be of the shape, size and form as the Council may determine. (2) The seal shall not be used except in pursuance of a resolution of the Council and shall be authenticated by the signature of the Chairman or the Executive Secretary or any member of the Council authorised to act in that behalf by the Council. (3) All documents, other than those required by law to be under seal, made by, and all decisions of the Council may be signified under the hand of the Chairman or the Executive Secretary or any member of officer of the Council authorised in that behalf by the Council.
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AI-assisted research summary: The Council must record minutes of all its meeting proceedings in a dedicated book, and it may regulate its own proceedings.

11.-(1) The Council shall cause minutes of all proceedings of meetings of the Council to be entered in a book kept for that purpose. (2) Any minutes if purporting to be approved by, and signed by the Chairman of, the next succeeding meeting of the Council shall be evidence of the proceedings and, until the contrary is proved, the meeting to which the minutes relate shall be deemed to have been duly convened and all proceedings at that meeting to have been duly transacted. Record of proceedings of Council Council may regulate its proceedings
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Establishment of Council
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AI-assisted research summary: The Council may regulate its own proceedings, subject to this Schedule.

12. Subject to the provisions of this Schedule the Council may regulate its own proceedings. ______________________________ 21

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The National Examinations Council of Tanzania Act

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