Tanzania
National Examinations Council of Tanzania Act
Chapter 107
- Commenced on 1 December 1973
- [This is the version of this document at 30 November 2019.]
- [Note: This legislation has been thoroughly revised and consolidated under the supervision of the Attorney General's Office, in compliance with the Laws Revision Act No. 7 of 1994, the Revised Laws and Annual Revision Act (Chapter 356 (R.L.)), and the Interpretation of Laws and General Clauses Act No. 30 of 1972. This version is up-to-date as at 31st July 2002.]
Part I – Preliminary provisions
1. Short title
This Act may be cited as the National Examinations Council of Tanzania Act.2. Interpretation
In this Act, unless the context requires otherwise—"authorized officer" includes an examination supervisor, invigilator, and any other person entrusted with the duty to handle examination material;"candidate" means a person registered to sit for an examination conducted by or on behalf of the Council;"certificate" means a document issued by the Council and designated as such showing results obtained by a particular candidate in an examination;"Chairman" means the Chairman of the Council;"Committee" means a Committee established under and in accordance with the provisions of section 10 and includes the Executive Committee established under section 9;"Council" means the National Examinations Council of Tanzania established under section 3;"examination" means a formal test of a person’s knowledge or proficiency in a particular subject matter or skill conducted under this Act by or on behalf of the Council;"examinations material" whether in print or electronic form, means—(a)an examination paper, booklets, stencils, recorded tapes, chemicals, electronic devices;(b)notes for the preparation of an examination paper;(c)instructions for the setting up of equipment and the preparation of instruments for an examination;(d)security envelopes and storage bags used for safe custody of the examination papers; or(e)any other document or material which is intended to form part of an examination paper or to enable an examination paper to be prepared and conducted;"examination paper" includes a question paper, examination instructions or the draft or copy of an examination paper or instructions in respect of an examination which has not been taken, and includes an electronic form thereof;"Executive Secretary" means the officer appointed by the President to be the Executive Secretary of the Council;"financial year" in relation to the Council includes the Council’s first accounting period, whether shorter or longer than a year, and if the Council changes its accounting period, the period, whether shorter or longer than a year, employed to give effect to the change;"member" in relation to the Council, means a member of the Council and includes the Chairman, and in relation to a Committee means a member of the Committee and includes the Chairman of the Committee;"Minister" means the Minister responsible for Education.[Act No. 12 of 2019 s. 25][Acts Nos. 4 of 1987 Sch.; 12 of 2019 s. 24; Cap. 4 s. 8]Part II – Establishment, objectives and functions of the Council
3. Establishment of Council
4. Objects and functions of Council
The objects and functions of the Council shall be—5. Powers and duties of Council
6. Executive Secretary of Council
7. Staff of Council
The Council may appoint on any terms and conditions which it may determine, any number of officers of the Council whom it may consider necessary for the performance of its functions.8. Delegation of powers of appointment
The Council may, subject to such conditions and restrictions as it may impose, delegate to any person or body of persons, the power of appointment to any office or offices on the staff of the Council.9. Executive Committee of Council
10. Examinations Committees and other committees
11. Specific functions of Examinations Committees
12. Awards of diplomas, certificates, etc.
It shall be lawful for the Council to grant diplomas, certificates and any other awards which may be prescribed, to persons—Part III – Financial provisions
13. Funds of Council
14. Power to invest
The Council shall have power to invest the funds of the Council in any investments which are authorised by and subject to any conditions which are prescribed by the Trustees Investments Act, in relation to investment of funds by a trustee.[Cap. 53]15. Annual estimates
16. Financial statements and report
17. Annual statements of account and reports to be laid before National Assembly
The Minister shall lay before the National Assembly, as soon as may be practicable, copies of the statements and report referred to in subsection (1) of section 16 together with copies of the reports of the auditor referred to in subsection (2) of that section.[Cap. 4 s. 8]Part IV – Offences and penalties
18. Leaking and malicious destruction of examination paper
19. Impersonation
A person shall not—20. Unlawful handling of booklets and possession of unauthorized materials or content
21. Prohibition of publication or disclosure of information to unauthorized person
22. Presentation of forged certificate or diploma
A person shall not present a forged certificate or diploma to a prospective employer or to any learning institution with intent to gain employment or admission.[s. 17E][Act No. 12 of 2019 s. 32]23. Aiding or abetting
A person who aids or abets commission of any offence under this Act commits an offence.[s. 17F][Act No. 12 of 2019 s. 32]24. General penalty
Part V – Miscellaneous provisions
25. Regulations
26. Fees and allowances
The Council may, with the approval of the Minister, make rules prescribing fees and allowances payable to members of the Council or a Committee.[s. 19]27. Minister may give directions
The Minister may give the Council directions of a general or specific character and the Council shall, subject to the provisions of this Act give effect to every direction.[Act No. 12 of 2019 s. 33]28. Proceedings of Council or Committee not to be invalid by reason of irregularity
No act or proceeding to the Council, the Executive Committee or an Examinations Committee shall be invalid by reason only of the number of the members not being complete at the time of such act or proceeding or of any defect in the appointment of any member or of the fact that any member was at the time in question disqualified or disentitled to act as such.[s. 21]29. Protection of members of Council and Committees
Without prejudice to the provisions of section 284A of the Penal Code, no matter or thing done by any member or officer of the Council or a Committee shall, if done in good faith in the execution or purported execution of the functions of the Council or Committee, render that member or officer personally liable for the matter or thing.[s. 22][Cap. 16]30. Regional Administrative Secretary and Principal Secretary of Zanzibar to be representatives
Each Regional Administrative Secretary and the Principal Secretary of the Ministry of Education Zanzibar shall be representatives of the Council in their respective areas of jurisdiction.[s. 22A][Act No. 2 of 1998 Sch.; Cap. 4 s. 8]31. Representatives of Council
Each Regional Education officer in Tanzania and the Director for Secondary and Technical Education in the Revolutionary Government of Zanzibar shall be representatives of the Council.[s. 23][Act No. 4 of 1987 Sch.]32. Regional and Local Government Examinations Committee
33. Oath of secrecy
History of this document
30 November 2019 this version
Consolidation
01 December 1973
Commenced