Establishment of Council:
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There is hereby established an Examinations Council to be known as the National Examinations Council of Tanzania The Council shall be a body corporate and shall:
Have perpetual succession and common seal In its corporate name, be capable of suing and being sued Be capable of purchasing and otherwise acquiring and of disposing of any movable property Subject to the provisions of the Act, have power from time to time to borrow money and to or perform all such acts and things, which a body corporate may lawfully do.
The provisions of the Schedule to this Act shall have effect as to the constitution and the tenure of their appointment, the proceedings of the Council and other matters in relation to the Council and its members. The President may, by order published in the Gazette, vary amend or replace all or any of the provisions of the Schedule to this Act.
Object and Functions of Council:
The objects and function s of the Council shall be:
To formulate Examinations policy in accordance with the principles for education for self reliance and the education and training policy. To assume responsibility for examinations within the United Republic and make and provision for places and centers of examination. Receive from other persons or bodies of person’s reports or other material effecting examinations policy and from time to time to consider and review examinations policy as circumstances may require. To co-operate with other persons or bodies of persons in the orderly development of an examinations system in the United Republic. To conduct examinations for, and to grant, diplomas, certificate and other award of the Council. To act as the body, which shall facilitate, administer and supervise foreign examinations in Tanzania.
Power and Duties of the Council:
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The Council shall have power to do all things and to act in all ways necessary for, or incidental to, the purposes for which it is established. In particular and without prejudice to the generality of subsection (1) but subject to the provisions of subsection (4), the Council shall have power.
To administer the properties of the Council both movable and immovable. To administer the funds and other assets of the Council. To signify the acts of the Council by use of the common seal. Subject to the provisions of this Act, to appoint such officers of the Council as it may deem necessary. To review regulations relating to examinations. To consider and approve subjects suitable for examinations. To appoint panels or boards of examiners. To enter into arrangements, whether reciprocal or otherwise, with other reciprocal or otherwise, with other persons or organization, whether within or outside the United Republic, for the recognition of awards granted in respect of examinations falling within their respective responsibilities. To do all such other acts and things as may be provided for in this Act or as may be prescribed.
The Council shall conduct within the United Republic either on its own or in participation with any other person or organization such academic, technical and other examinations as the Council may consider necessary or desirable in the public interest. Nothing in this Act shall be construed as authorizing the Council to do any act or thing in respect of:
Examinations conducted by any University of tertiary or institution of higher learning established in Tanzania or the grant of degrees, diplomas, certificates and other awards of such University of such other institutions. Examinations conducted by employers where such examinations are open only to heir own employees or to candidates who wish to enter their employment.
Executive Secretary of Council:
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There shall be an Executive Secretary of the Council who shall be
appointed by the President on such terms and conditions as the President
may determine and who shall also act as Secretary to the Executive Committee.
Where the Executive Secretary is not a member of the Council, he shall
have no power to vote at any meeting of the Council.
Subject to the provisions of this section, the Executive Secretary shall
have such functions as may be conferred upon him by the Council.
The Staff of the Council:
The Council may appoint on such terms and conditions as it may determine,
such number of officers of the Council, as it may consider necessary for the
performance of its functions. 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.
Executive Committee of Council:
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The Council shall appoint an Executive Committee comprising:
The Chairman, who shall be the Chairman of the Committee Six other members of the Council.
The functions of the Executive Committee shall be to act as the
executive authority of the Council in the management of its ordinary affairs
and to consult and to report to the Council thereon, and for the purposes it
may exercise all the executive powers and functions vested in the Council by
this Act other than the power of approving estimates conferred by section
15 or any function or power delegated by the Council to a Committee
established under section 10.
The provisions of the Schedule to this Act shall apply, with
such modifications as the circumstances may require, in relation to the tenure
of officer of the members of the Executive Committee, the right to
terminate their appointment, and appointment of a new member to fill any
vacancy and also in relation to the quorum, proceedings and meetings
of the Committee.
Examinations Committee and other Committee:
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The Council shall establish a Schools Examinations Committee, and a
professional Examinations Committee.
In addition the Council may, from time to time, establish such other
committees as it may consider necessary.
The Council shall prescribe the composition, powers, duties and procedure of
all committees established by it under this section and the tenure of office of
persons appointed to such committees and subject to the provisions of this
Act, may delegate to any such committee any of its powers of functions other
than the power of approving estimates conferred by section 15
The Council may appoint on any Committee established under this section
any person not with standing that such person is not a member of the Council;
Provided that in no case shall the number of members of any such committee
who are not also members of the Council exceed two-thirds of the total number of
the members of the committee.
For the purposes of this section the Executive Secretary shall be deemed to
be a member of the Council.
Specific Functions of Examination Committees:
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Without prejudice to the provisions of subsection (3) of section 10, every Examinations Committee established under that section shall be responsible to the Council for the control and regulation of the conduct of examinations in respect of subjects over which it has general responsibility. Each Examinations committee shall, in addition to the general function relation to examinations in respect of subjects over which it has general responsibility and to maters pertaining thereto, have the following functions:
To satisfy itself with regard to the curriculum and standard of the relevant courses of study or training offered by the appropriate institution in respect of any diploma, certificate or other award of the Council and to report its findings thereon to the Council. With the consent of the Council, to make rules with regard to the standards of proficiency to be attained in each examination for a relevant diploma, certificate or other award of the Council. To decide whether any candidate for the relevant diploma, certificate or other award, has attained the standard of proficiency prescribed in rules made under paragraph (b) and is otherwise fit for the grant of such diploma, certificate or other award. To make proposals to the Council on matters relating to examinations conducted by the Council.
Awards of Diplomas, Certificates, etc:
It shall be lawful for the Council to rant diplomas, certificates and such other
awards as may be prescribed, to persons:
Who satisfy the requirements in respect of examinations conducted or
approved by the Council; or
Who, in the opinion of the Council, are entitled to receive such
diplomas, certificates or other awards.
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