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THE NATIONAL EXAMINATIONS COUNCIL OF TANZANIA

BARAZA LA MITIHANI LA TANZANIA

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Act No. 21 of 1973


PART IV : MISCELLANEOUS PROVISIONS
    1. In the performance of its duties and exercise of its powers, the Council may, with the consent of the Minister, make regulations generally for the Government, control, administration and management of the Council and for conduct of its business, and without prejudice to the generality of the foregoing, may make regulations prescribing:

      1. The terms and conditions of service, pension and retirement benefits and the like, of staff, other than temporary staff.

      2. Measures for the discipline of staff.

      3. The financial procedures of the Council.

      4. Examination fees and other charges payable to the Council.

      5. Diplomas, certificates and other awards, which may be conferred or granted by the Council.

      6. The conditions, which must be satisfied before any diploma, certificate of other award, may be granted.

      7. The manner in which diplomas, certificates or other awards may be granted.

      8. The manner in which examinations may be conducted.

      9. Anything which may be prescribed under this Act or any matter or thing which, in the opinion of the Council, is necessary to prescribe for the furtherance of the functions and objects of the Council.

    2. The Council shall cause to be published in the Gazette any regulations made under this section.

    Fees and Allowances:

  1. The Council may, with the approval of the Minister, make rule prescribing fee and allowances payable to members of the Council or a Committee.

  2. Minister may give directions:

  3. The Minister may give the Council directions of a general or specific character and the council shall give effect to every such direction.

  4. Proceedings of Council or Committee not to be invalid by reason of irregularity

  5. The Act or proceeding of the Council, the Executive Committee or an examination Committee shall be invalid by reason only of the member 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 the fact that any member was at the time in question disqualified or disentitled to act as such.

  6. Protection of Member of Council and Committee (chap 16) :

  7. Without prejudice to the provisions of section 28 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 such Council or Committee, render such member or officer personally liable for such matter or thing. Regional Administrative Secretary and the Principal Secretary Zanzibar to be members.

  8. Representatives of the Council:

    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 function

    Penalty:

    1. Any person who:

      1. Gains access to examination materials and intentionally reveals the contents thereof, whether orally or writing of any unauthorized person.

      2. Willfully or maliciously damages or destroys examination material;

      3. Being a registered candidate sits for a particular Councils’ examination with intent to impersonate, offers or attempts to present himself to take the part of another registered candidate.

      4. Note being registered candidate sits for a particular council’s examination which intent to impersonate, offers or attempts to present himself to take the part of a registered candidate

      5. Presents forged certificates or diploma to a prospective employer or to an institution of learning with intent to gain employment or admission.

      6. Prints or sells certificates or diploma without the authority of the Council.

      7. Being an authorized officer negligently or carelessly discharges the functions set out under this Act; and

      8. Aids or abets commission of any offence under this Act.

    2. Shall be guilty of an offence and liable to a fine not exceeding one million shillings or imprisonment for a term not exceeding twenty years or to both such fine and imprisonment.

    3. In this Section:

      1. “An authorized Officer” when used in relation to this Act includes an examination supervisor, Invigilator and printer;

      2. “Examination materials” includes examination papers, stencils, recorded tapes, chemicals, discs or any other material relevant to the preparation and conduct of examination.





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