Tanzania
Mzumbe University Act
Chapter 93
- Published in Tanzania Government Gazette
- Commenced on 1 March 2002
- [This is the version of this document at 31 July 2002.]
- [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 (ss. 1-3)
1. Short title
This Act may be cited as the Mzumbe University Act.2. ***
[Omitted under R.E. 1994]3. Interpretation
In this Act, unless the context otherwise requires—"academic staff" means members of the staff of the University described in section 23;"academic staff association" means the association of academic staff established by section 33;"administrative staff" means the members of the staff of the University described in section 27;"annual estimates" means the estimates, other than supplementary estimates, prepared under section 58 in respect of any financial year;"appointing authority" in relation to a person holding any office created by or under this Act, means the person or body of persons vested with the power to appoint or elect that person to the office concerned;"appointment" in relation to the staff of the University, means an appointment of a person to the academic or administrative staff of the University and includes an appointment on promotion, recruitment or transfer, and also includes an acting appointment;"appointments committee" means, in relation to an appointment to the academic staff or any matter relating to a member of the academic staff the committee established by section 25, and in relation to an appointment to the administrative staff or any matter relating to a member of the administrative staff, the Committee established by section 28;"auditor" means an external auditor appointed by the Council under section 59;"Board" means a Board Committee established under and in accordance with section 21, and includes an Appointments Committee, a Faculty Board and the Disciplinary Appeals Committee established by section 43;"bursar" means a professionally qualified accountant of the University appointed in accordance with section 54(2);"by-laws" means any by-laws made by the Council in the exercise of the power conferred by or under this Act for the proper governance of the affairs and business of the University;"the Chairman" means the Chairman of the Council;"the Chancellor" means the Chancellor of the University referred to in section 10;"Centre" means any centre established under this Act to undertake or administer specific functions;"constituent College" means an independent institution of the University having its own members of academic staff, students and building as may be established under the provisions of subsection (2) of section 15;"continuing education" includes such short courses, seminars, workshops, and other related activities designed for and carried out for any members of any professional body or bodies, discipline, vocation or the like, desirous of improving or enhancing their knowledge;"the Convocation" means the Convocation of the University established by section 49;"co-ordinator" means an officer of the University entrusted with the task of co-ordinating specific activity as may be directed by any relevant authority or organ of governance;"the Council" means the Council of the University established by section 14;"Dean" means the Dean of a faculty appointed under section 24;"Dean of Students" means the Dean appointed under section 36;"department" means any department in the University established under this Act;"Deputy Vice-Chancellor" means the Deputy Vice-Chancellor of the University appointed under section 12;"Director" means a member of staff of the University who is in charge of the administration of a directorate, institute, college, department or other appropriate unit in the University;"distance education system" means the system of imparting education through any means of communication, such as broadcasting, telecasting, correspondence courses, seminars, contact programmes or the combination of any two or more of such means;"faculty" means a faculty of the University established under section 20;"faculty board" means a board established under section 21;"financial year" means the financial year of the University as determined under section 57;"Gazette" means the official Gazette of the Government of the United Republic;"institute" means an institute of the University established under section 20;"member" in relation to—(a)the Council, means a member of the Council, and includes the Chairman;(b)a Board, means a member of the board, and includes the Chairman of the Board;(c)the Senate, means a member of the Senate, and includes the Chairman of the Senate;(d)the Convocation, means a member of the Convocation and includes its President;"Minister" means the Minister for the time being responsible for matters relating to higher education;"Officer" means any person in the employment of the University but does not include the Vice-Chancellor, a Deputy Vice-Chancellor or the Registrar;"organs of governance" means the Council, the Senate, a Committee, a Board or other organ or authority responsible for the management of any aspect to the business or affairs of the University;"Professor Emeritus" means a professor of the University who having retired keeps his title as an honour;"Registrar" means the Registrar of the University appointed under section 13;"regulations" means the regulations made under section 62;"salary" includes any overseas pay addition but does not include allowances or other monetary benefit;"school" means a department or other institution of the University established under section 20;"search committee' means a committee set up in accordance with section 11 or 12 and whose functions are specified in the First Schedule to this Act;"Secretary" means the Secretary to the Council appointed under section 16;"Senate" means the Senate of the University established by section 18;"student" means any person admitted to the University as a candidate for any award of the University and studying under any of its programmes;"the University" means the Mzumbe University established by section 4;"Vice-Chancellor" means the Vice-Chancellor of the University appointed under section 11.Part II – The Mzumbe University (ss. 4-7)
4. Establishment of the University
5. Official seal and signification of documents
6. Mission and emblem of University
7. Objects and functions of the University
Notwithstanding the generality of the provisions of section 6, the objects and functions of the University shall be—Part III – Award of degrees, diplomas etc. (ss. 8-9)
8. Degrees, diplomas, certificates, etc.
9. Degrees honoris causa
Section 8 shall apply to the degree of Doctor of Philosophy or other degrees honoris causa which the Senate may, with the approval of the Chancellor, wish to confer upon any person who, in the opinion of the Senate, has rendered distinguished services in the advancement of any branch of learning or has otherwise rendered himself worthy of such a degree.Part IV – The administration and structure of the University (ss. 10-34)
(a) – The Leadership of the University (ss. 10-13)
10. The Chancellor
11. The Vice-Chancellor
12. The Deputy Vice-Chancellor
13. The Registrar
(b) – The Council (ss. 14-17)
14. The University Council
15. Functions and powers of the Council
16. Secretary of the Council
17. Irregularity not to affect validity of proceedings
No act or proceedings of the Council shall be invalid by reason only of the number of the members not being complete at the time of that act or proceeding or of any defect in the appointment of any member of the Council or of the fact that any member of the Council was at the time in questions disqualified or disentitled to act as such.(c) – The Senate (ss. 18-19)
18. The University Senate
19. Functions and powers of the Senate
(d) – Faculties, departments, institutes, schools etc. (s. 20)
20. Faculties, institutes, etc.
(e) – Boards, committees, etc. (ss. 21-22)
21. Faculty boards, etc.
22. University Management Committee
(f) – Staff of the University (ss. 23-32)
23. Academic staff of the University
24. Appointments of Deans, Directors, etc.
25. Appointments Committee for academic staff
26. Vacancy in senior academic position
27. Administrative staff of the University
The administrative staff of the University shall consist of—28. Appointments Committee for administrative staff
29. Termination of appointments and disciplinary action
The powers of dismissing or terminating the appointment of any officer by way of disciplinary action or of punishing any member of staff otherwise than by dismissal or termination of his appointment for any disciplinary offence are hereby vested in the Council.30. No dismissal without inquiry
Notwithstanding section 29, the power to dismiss an officer by way of a disciplinary action shall not be exercised unless—31. Performance of functions in absence of leading officer
32. Delegation of powers of the Council
(g) – The Academic Staff Association (ss. 33-34)
33. Establishment of association
There shall be established an association of the academic staff of the University which shall be known by such name as agreed upon by the founder members and approved by the Council.34. Functions of the association
The functions of the association of academic staff shall be in accordance with its constitution as approved by the Council.Part V – Administration and welfare of students (ss. 35-48)
(a) – General administration and welfare of students (ss. 35-46)
35. Interpretation
In this Part, unless the context requires otherwise—"disciplinary authority" means the Registrar exercising the powers conferred upon him by section 38, and includes any person to whom such powers have been delegated in accordance with section 39;"disciplinary offence" means the contravention of any by-laws made under section 37 where the contravention constitutes a disciplinary offence.36. The Dean of Students
37. Council may make by-laws
38. Registrar to be the disciplinary authority
Every charge of a disciplinary offence against a student shall be investigated by the Registrar who shall impose such punishment as he may consider appropriate after inquiring into the offence in accordance with the procedure prescribed by section 42 and upon being satisfied that the charge against the student has been proved.39. Registrar may delegate powers of disciplinary authority
The Registrar may, by writing under his hand, delegate, subject to such limitations as he may prescribe, all or any of the powers vested in him by section 40 to the Dean of Students, a Dean or a Director.40. Procedure in disciplinary proceedings
41. Cases of formal proceedings
42. Cases of summary proceedings
43. Disciplinary Appeals Committee
44. Appeals
45. Disciplinary offences not criminal offences
For the purpose of section 48 of the Interpretation of Laws and General Clauses Act, 1972, disciplinary offences under this Act shall be deemed not to be offences created by or under any written law.46. Decisions not subject to review
Subject to the provisions of section 44 relating to appeals to the Disciplinary Appeals Committee, no decision of an inquiry officer, the disciplinary authority or Disciplinary Appeals Committee shall be subject to review by any court.(b) – Students' organization (ss. 47-48)
47. Establishment of students' organisation
48. Functions of students' organization
Part VI – The Convocation (ss. 49-53)
49. The Convocation of the University
50. Functions of the Convocation
The Convocation may meet and discuss any matter within the sphere of competence of the University and transmit any resolution arising from such discussion to the Chancellor, the Minister, the Council or the Senate, as the Convocation may consider appropriate.51. President of the Convocation
52. Procedure of the Convocation
53. Vice-Chancellor to report on business of Convocation
Part VII – Financial provisions (ss. 54-61)
54. Management of assets, etc.
55. Sources of funds and resources of the University
The funds and other resources of the University shall consist of—56. Power to invest
The Council may invest the funds of the University in such investment and subject to such conditions as are prescribed by the Trustees Investments Act, 1967, in relation to the investment of funds by a trustee.57. Financial year
58. Annual budget and estimates
59. Accounts and audit
60. Vice-Chancellor's report
61. Annual statement of accounts and Vice-Chancellor's annual report to be laid before National Assembly
The Minister shall lay before the National Assembly, as soon as may be practicable after he has received them—Part VIII – Miscellaneous provisions (ss. 62-68)
62. Regulations
63. Fees and allowances
The Council may with the approval of the Minister, issue directions prescribing fees and allowances payable to the members of the Council, the Senate, the Convocation or a Board.64. Chancellor may give directions
The Chancellor may give to the Council directions of a general or specific character concerning any aspect of the affairs and business of the University, and the Council shall give effect to every such direction.65. Indemnity for bona fide acts
No matter or thing done by any member or officer of the Council, the Senate, the Convocation or a Board shall, if done bona fide in the execution or purported execution of the functions of the Council, Senate, Convocation or Board, as the case may be, render such member or officer personally liable for such matter or thing.66. Validity of acts of Senate, Board, etc.
No act or proceeding of the Senate or a Board shall be invalid by reason only of any vacancy in its membership, or 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.67. Transitional and consequential provisions
68. Repeal of Act No. 15 of 1972
[Repeals the Institute of Development Management Act.]History of this document
31 July 2002 this version
Consolidation
01 March 2002
Commenced
Cited documents 0
Documents citing this one 4
Legislation 3
1. | Pharmaceutical and Poisons Act | 4 citations |
2. | Public Prosecutors (Appointment) Notice, 1943 | |
3. | Transfer of Powers and Duties (The Chief Medical Officer, Ministry of Health) Notice, 1973 |