Tanzania Act or statute

Parliament of Tanzania

The Universities Act

asset transferasset vestingcontinuity of subsidiary legislationcontract continuitycontractsemployee claimsemployee statusemployment transitiongratuity paymentshigher educationinstitution definitionsinstitutional successioninstrumentsliability transferpublic university transitionsalary protectionservice continuitystudent statustransitional provisionsuniversity complianceuniversity governance

Jurisdiction: Tanzania
Structure: 12 provisions
Citation: The Universities Act
Dates: Undated source snapshot

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Purpose and legislative effect

“This section defines several terms used in the Schedule, including “effective date,” “existing university,” “former Council,” “former officer,” and “instrument.””

This section defines several terms used in the Schedule, including “effective date,” “existing university,” “former Council,” “former officer,” and “instrument.” The Commission takes over the former Council’s functions, and the former Council is discharged from liabilities from the effective date. Former officers are treated as employees of the Commission from the effective date, with continuous service preserved for benefit calculations and no salary reduction allowed under the proviso. The Chairman may, after consulting the Minister, direct that a former officer be employed by the Commission. If the officer is not employed in that way, the Minister may direct the Commission to pay a gratuity or other payment, and the Commission must comply. A former officer is not entitled to claim damages or other payment from the former Council or the Commission for losses caused by this Schedule. Certain instruments continue in force, and the Commission takes the former Council’s place in them.

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Short title

This section defines several terms used in the Schedule, including “effective date,” “existing university,” “former Council,” “former officer,” and “instrument.”

Section 1

Establishment of Commission

Section 4

Power to require self-study report

An existing university must comply with the Act’s provisions within 18 months after the Act starts.

Section 7

Committees of Commission

The existing university must carry out its functions under this Act, and students enrolled before the Act starts continue as university students.

Section 9

Admissions Committee

Existing university subsidiary legislation continues to apply unless it is revoked or substituted.

Section 12

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Showing 12 of 12 provisions

Provision 5Substitution 2Commencement 2Short title

§ 1Short titleShort title

This section defines several terms used in the Schedule, including “effective date,” “existing university,” “former Council,” “former officer,” and “instrument.”

1.–(1) In this Schedule- “effective date” means the date of commencement of this Act; “existing university” includes an institution that was in exis- tence, whether active or inactive, immediately before the effective date, which, by its mission, programmes, student admission requirements and awards, offered a level of education and training that led to either intermediate or full academic or professional qualifica- tions and competence, whether it was already granted accreditation or not under Part IX of the amended Act or any other applicable written law; Cap. 353 “former Council” means the Higher Education Accreditation Council established by the Education Act; “former officer” means any person employed on the staff of the former Council immediately preceding the effective date and includes the persons so employed as the Exec- utive Secretary or Assistant Executive Secretary of the former Council; 464 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE UNIVERSITIES ACT [CAP. 346 R.E. 2023] Assets and liabilities Former officer Employment of former officer “instrument” includes, contracts, guarantees, agreements bonds, authorities, mortgages, charges, bill of exchange, prom- issory notes, bank drafts, bank cheques, letters of credit and securities.

Section 1Verify source

§ 2ApplicationProvision

The Commission takes over the former Council’s functions, and the former Council is discharged from liabilities from the effective date.

2.–(1) All assets and liabilities of the former Council, subsisting upon the effective date shall, by virtue of this Act and without further assurance, vest in the Commission, and the former Council shall, as from the effective date, be discharged from its obligations in respect of every such liability. (2) The Commission shall carry out and continue the functions of the former Council in accordance with the provisions of this Act.

Section 2Verify source

§ 3InterpretationInterpretation

Former officers are treated as employees of the Commission from the effective date, with continuous service preserved for benefit calculations and no salary reduction allowed under the proviso.

3.–(1) Subject to the provisions of paragraph 4, every former officer shall, as from the effective date, be deemed to be an employee of the Commission. (2) Where a former officer becomes employed by the Commission by virtue of subparagraph (1), the terms and conditions of service of his employment in the service of the Commission shall be in accordance with the provisions of this Act and any regulations made there under: Provided that, this subparagraph shall not apply so as to permit any reduction in the salary to which such former officer was entitled immediately before the effective date. (3) Every former officer who, by virtue of this paragraph, becomes an employee of the Commission shall be deemed to have been appointed to the service of the Commission on the effective date in accordance with the provisions of this Act. (4) For the purpose of determining any right to a gratuity or other pension or terminal benefit, of a former officer his service with the Commission shall be regarded as continuous with his service immediately preceding the effective date; his employment immediately prior to the effective date and his employment by the Commission shall be deemed to be continuous employment by one employer.

Section 3Verify source

§ 4Establishment of CommissionProvision

The Chairman may, after consulting the Minister, direct that a former officer be employed by the Commission. If the officer is not employed in that way, the Minister may direct the Commission to pay a gratuity or other payment, and the Commission must comply. A former officer is not entitled to claim damages or other payment from the former Council or the Commission for losses caused by this Schedule.

4.–(1) The Chairman may, after consultation with the Minister, direct that a former officer be employed by the Commission in an office in the Commission corresponding to the office held by him immediately preceding to the effective date or in such other office as the Chairman may determine, and where such officer is so employed, the provisions of paragraph 3 shall apply to him. (2) Where any former officer to whom subparagraph (1) applies is not employed by the Commission in accordance with paragraph 3, the Minister may, direct the Commission to pay such officer such gratuity or other payment as he may consider fit and the Commission shall give effect to any such direction. (3) Subject to the provisions of subparagraph (2), a former officer shall not, notwithstanding any provision of the terms and conditions 465 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE UNIVERSITIES ACT [CAP. 346 R.E. 2023] applicable to his employment immediately preceding the effective date or any provision of any contract regulating his employment immediately preceding the effective date, be entitled to claim from the former Council or the Commission any damages or other payment whatsoever for any loss suffered by him by reason of the operation of the provisions of this Schedule. Instruments

Section 4Verify source

§ 5Functions of CommissionSubstitution

Certain instruments continue in force, and the Commission takes the former Council’s place in them.

5.–(1) The instruments to which this paragraph applies include instruments- (a) to which the former Council is a party; (b) under which any money is or may become payable or any other property is or may become liable to be transferred, conveyed or assigned to the former Council; or (c) under which any money is or may become payable or any other property is to be, or may become liable to be transferred, conveyed or assigned by the former Council which are subsisting on the effective date, other than any contract or agreement between the former Council and any former officer. (2) An instrument to which this paragraph applies shall, by virtue of this paragraph, continue in full force and effect and the Commission shall, by this Act- (a) be substituted for the former Council as a party thereto; (b) be entitled to receive and enforce payment of any money payable there under; (c) be entitled to obtain a transfer, conveyance or assignment of and enforce possession of, any property which is to be transferred, conveyed or assigned there under; (d) be liable to make payment of any money payable there under; or (e) be liable to transfer, convey or assign any property which is to be transferred, conveyed or assigned there under, as the case may be.

Section 5Verify source

§ 6Power to grant accreditationRepeal

Older subsidiary legislation stays in force after the effective date until it is repealed or replaced, and prior acts and assets are treated as having been done or acquired under this Act.

6.–(1) All regulations, rules, by-laws, orders, directions, circulars or other subsidiary legislation made, given or issued under the repealed or amended Act and which are in force before the effective date shall remain in force after the effective date until they are repealed or replaced by regulations or other subsidiary legislation made under or in accordance with the provisions of this Act. (2) For avoidance of doubt, all appointments, requirements, authorisations, accreditations, approvals, other things, including rights and liabilities made, given, taken, done or incurred under, and all funds, assets and other property acquired by virtue of or in accordance with the provisions of the repealed or amended Act shall be deemed to have been done, given, taken, made, incurred or acquired under this 466 Subsidiary legislation ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE UNIVERSITIES ACT [CAP. 346 R.E. 2023] Act subject to such changes and provisions of repeal or replacement as may be made as provided in subparagraph (1). PART II CONSEQUENTIAL AND TRANSITIONAL PROVISIONS FOR PUBLIC UNIVERSITIES Existing university to comply with Act Transfer of assets and liabilities Universities to continue their functions Employee of university

Section 6Verify source

Part

PART II

§ 7Power to require self-study reportCommencement

An existing university must comply with the Act’s provisions within 18 months after the Act starts.

7. An existing university shall, within eighteen months from the date of commencement of this Act, comply with the provisions of this Act.

Section 7Verify source

§ 8Power to demand professional opinion or informationProvision

All assets and liabilities of the existing university vest in the university and the university council from the effective date.

8. All assets and liabilities of the existing university shall, with effect from the effective date and without further assurance, vest in the university and the university council.

Section 8Verify source

§ 9Committees of CommissionCommencement

The existing university must carry out its functions under this Act, and students enrolled before the Act starts continue as university students.

9. The existing university shall perform its functions in accordance with the provisions of this Act, and enrolled students immediately before the commencement of this Act shall continue to be students of the university.

Section 9Verify source

§ 10Accreditation CommitteeProvision

An employee of the existing university continues as that employee from the effective date, and the service counts as continuous for gratuity or other benefits.

10.–(1) An employee of the existing university shall, with effect from the effective date, continue to be the employee of the existing university under the terms and conditions of service as stipulated under this Act or regulations made under this Act. (2) For the purpose of calculating a gratuity or other benefits of an employee of the university, the service of that employee with the existing university shall be regarded as continuous. Instrument in which existing university is party

Section 10Verify source

§ 11Grants CommitteeProvision

An instrument that the existing university is party to is treated as the university’s valid instrument for the purposes it was made for.

11. An instrument to which the existing university is a party shall be deemed to be the valid instrument of the university for purposes for which it was made. Subsidiary legislation

Section 11Verify source

§ 12Admissions CommitteeSubstitution

Existing university subsidiary legislation continues to apply unless it is revoked or substituted.

12. Subsidiary legislation for the existing university made under any written law shall, unless revoked or substituted, continue to apply to the university as if it was made under this Act. 467 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.

Section 12Verify source

Legislative relationships

2 referenced instruments

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A–F

2 instruments

Commission shall be in accordance with the provisions of this Act
Section 3
Commission The existing university must carry out its functions under this Act
Section 9

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