The Tanzania Teachers’ Professional Board Act, 2018
This section gives the Act’s short title and says it starts on a date the Minister appoints by Gazette notice.
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Statute overview
About this statute
This section gives the Act’s short title and says it starts on a date the Minister appoints by Gazette notice. This Act applies to Mainland Tanzania. This section defines key terms used in the Act, including the Board, Minister, Ministry, practising licence, and registered teacher. The section establishes the Tanzania Teachers’ Professional Board and gives it corporate powers, while requiring the Board to notify the Attorney General of any impending suit or matter. The Board must be made up of specified members, with the President and Minister appointing certain members, and the Minister must consider gender balance when making appointments.
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Legal text
Provisions of The Tanzania Teachers’ Professional Board Act, 2018
Showing 90 of 90
Part
PART I
- 1 Verify source ↗
Short title and commencement
AI-assisted research summary: This section gives the Act’s short title and says it starts on a date the Minister appoints by Gazette notice.
1. This Act may be cited as the Tanzania Teachers’ Professional Board Act, 2018 and shall come into operation on such a date as the Minister may by notice published in the Gazette appoint. Application - 2 Verify source ↗
Application
AI-assisted research summary: This Act applies to Mainland Tanzania.
2. This Act shall apply to Mainland Tanzania. Interpretation - 3 Verify source ↗
Interpretation
AI-assisted research summary: This section defines key terms used in the Act, including the Board, Minister, Ministry, practising licence, and registered teacher.
3. In this Act unless the context requires otherwise- “Board” means the Tanzania Teachers’ Professional Board established under section 4; 5 No. 6 The Tanzania Teachers’ Professional Board Act 2018 “certificate of registration” means a certificate of registration issued under this Act; “committee of inquiry” means a committee of inquiry established under section 42; “inquiry” means an inquiry held under section 41; “Minister” means a Minister responsible for education; “Ministry” means the Ministry responsible for education; “practising licence” means a practising licence issued under this Act authorising a person to practice as a professional teacher; “practising teacher” means a registered teacher who is part of the teaching staff of a school; “profession” means an enduring vocation that requires a relatively higher level of education and training as well as a level of occupational specialization for efficient and effective discharge of required skills; “professional misconduct” means an act or omission by a the Teachers’ teacher Professional Code of Ethics and Conducts; to breach of leading teaching “professional teacher” means a teacher who is trained or including professional prepared for workers involved in teaching related tasks such as educational administration, planning, quality of other assurance professional application; related matters and “provisional registration” means a registration granted in accordance with the provisions of section 24; “pupil” means a child enrolled in pre-primary or primary school; “Register” means the register of teachers holding a degree, a higher diploma, diploma or certificate in the relevant fields from institutions recognised by the Board; “registered teacher” means a person- (a) who is registered, provisionally registered or temporary registered; and 6 No. 6 The Tanzania Teachers’ Professional Board Act 2018 (b) whose name appears on the Register; “Registrar” means the Registrar of the Board appointed under section 10; “registration” means registration made under section 18; “school” means any registered and legally recognized institution, organization or place which provides pre-primary, teacher education or adult education for several people or groups of people at a particular period of time; secondary, primary, “student” means a person enrolled at school; in a “teacher” means a person who pursued a teacher training course teachers college or university, recognised by the Board under this Act, to teach pupils or students in pre-primary, primary, secondary, and teachers and adult education institution; “Teachers Continuous Professional Development” means competence building program that focuses on activities that intend to attain knowledge, skills and attitudes of the teacher in the teaching institutions which profession and any other require professional teachers to teach; and “temporary registration” means a registration granted to a in foreigner Mainland Tanzania for a specific period of time. to practise intending teaching PART II THE TANZANIA TEACHERS’ PROFESSIONAL BOARD Establishment of Board
Part
PART II
- 4
AI-assisted research summary: The section establishes the Tanzania Teachers’ Professional Board and gives it corporate powers, while requiring the Board to notify the Attorney General of any impending suit or matter.
4.-(1) There is hereby established a Board to be known as the Tanzania Teachers’ Professional Board. (2) The Board shall- (a) be a body corporate with perpetual succession and a common seal; (b) in its corporate name, be capable of suing and be sued; 7 No. 6 The Tanzania Teachers’ Professional Board Act 2018 Cap.5 Composition of Board (c) for and in connection with the purposes of this Act, be capable of acquiring, holding and disposing of movable and immovable property in its corporate name; (d) entering into contracts or other transactions; and (e) do all or such other acts or things which a body corporate may lawfully perform. (3) Notwithstanding subsections (2), the Attorney General shall have the right to intervene in any suit or matter instituted for or against the Board. (4) Where the Attorney General intervenes in any matter pursuant to subsection (3), the provisions of the Government Proceedings Act, shall apply in relation to the proceedings of that suit or matter as if it had been instituted by or against the Government. (5) For the purpose of subsection (4), the Board shall have the duty to notify the Attorney General of any impending suit or matter by, or against the Board. - 5
AI-assisted research summary: The Board must be made up of specified members, with the President and Minister appointing certain members, and the Minister must consider gender balance when making appointments.
5.-(1) The Board shall consist of the following members- (a) a Chairman who shall be appointed by the President from amongst registered senior professional teachers; (b) eight qualified members to be appointed by the Minister from the following institutions: (i) a representative from the Ministry responsible for education; law officer representing the (ii) a Attorney General’s Office; (iii) one representative nominated by teachers organisation; (iv) one representative from private sector; (v) one representative appointed from amongst persons with requisite qualifications to assist the Board in 8 No. 6 The Tanzania Teachers’ Professional Board Act 2018 the discharge of its functions; (vi) a representative from Regional Local and Administration Government; (vii) a representative from the Teacher’s Service Commission; and from representative (viii) a institutions responsible for training of teachers. (2) The Minister shall, in making appointments under subsection (1), take into consideration gender balance. (3) The Minister may, on the advice of the Board and by Order published in the Gazette amend, vary or replace all or any of the provision of the Schedule to this Act. (4) The Board may co-opt any person with special knowledge or skills to provide expertise to the Board on general or specific issue but such person shall have no right to vote. (5) The provisions of the Schedule to this Act shall have effect as to the tenure of office of members, procedure and conduct of the meetings of the Board. Functions of Board - 6
AI-assisted research summary: The Board has functions to advise the Minister, manage teacher registration, set standards, regulate professional development, investigate misconduct complaints, issue certificates or licences, and work with the Ministry and other authorities.
6.-(1) The functions of the Board shall be to- (a) advise the Minister on matters pertaining to teaching profession; (b) establish and maintain professional teachers; the Register of (c) establish and promote the teaching professional standards; (d) promote and regulate continuing professional development for teachers; (e) inquire into complaint, charge or allegation of registered improper conduct against any teacher under this Act; (f) formulate and enforce a comprehensive code of professional conduct and ethics of the teaching profession; 9 No. 6 The Tanzania Teachers’ Professional Board Act 2018 (g) undertake and appropriate research into teaching and matters related to teaching profession; commission (h) issue certificate of registration or licenses for teachers; and (i) perform any other function as may be required under this Act or under any other written law. (2) In performing its functions under this Act, the Board shall collaborate with the Ministry with a view of ensuring that individuals who wish to be trained in the teaching profession, receive the requisite education and training for registration under this Act. (3) The Board shall collaborate with authorities exercising similar functions within and outside Tanzania with a view of promoting uniformity in the standards and qualifications required for admission to the teaching profession. - 7
AI-assisted research summary: The Board may caution, censure, suspend, or erase a professional teacher from the Register if listed misconduct or conviction conditions are met.
7. The Board shall have powers to caution, censure, suspend from practice or erase from the Register of any professional teacher who- (a) has been convicted of a criminal offence and sentenced for a period of not less than six months; (b) fails to observe conditions for registration; or (c) has done anything that has lowered the esteem and integrity of the teaching profession in relation to professional ethics and standards as determined by the Board; and (d) has breached professional conduct. - 8
AI-assisted research summary: The Board may set up committees when it considers this necessary, and those committees must regulate their own proceedings.
8.-(1) The Board may, where it considers its necessary establish committees members to advise the Board or carry out any of its functions. from amongst (2) The Committee established under subsection (1) shall include: (a) a registration and licensing Committee; 10 Powers of Board Committees of Board No. 6 The Tanzania Teachers’ Professional Board Act 2018 Delegation of powers (b) ethics and disciplinary Committee; and (c) such other committees as the Board may deem necessary. (3) The Committees established pursuant to subsection (1), shall regulate their own proceedings. - 9
AI-assisted research summary: The Board may delegate some of its functions, powers, and duties by resolution, but it cannot delegate specified core powers.
9.-(1) The Board may, by resolution and subject to such terms, conditions and restrictions as it may specify, delegate to any member of the Board, Committee or employee of the Board, some of its functions, powers and duties conferred or imposed to it by or under this Act as it may deem appropriate. (2) Delegation made under this section shall not prevent the Board from performing or exercising its functions, powers or duties delegated. (3) Notwithstanding subsection (1), the Board shall not have power to delegate its - (a) disciplinary and advisory power under this Act; (b) responsibility to approve the annual budget, supplementary budget and scrutinise financial statements; or (c) powers to delegate under this Act. Appointment of Registrar of Board - 10
AI-assisted research summary: The Minister must appoint a qualified Registrar, and the Registrar must serve as CEO and Secretary to the Board and perform specified record-keeping and management functions.
10.-(1) The Minister shall appoint from the public service, a senior professional teacher with five years experience and knowledge in matters relating to teaching profession, law, management and administration to be a Registrar of the Board. (2) The Registrar appointed under subsection (1) shall hold office for a term of five years and may subject to his satisfactory performance be eligible for re- appointment for one more term. (3) The Registrar appointed under subsection (1), shall be the Chief Executive Officer and Secretary to the Board. 11 No. 6 The Tanzania Teachers’ Professional Board Act 2018 (4) The Registrar shall- (a) maintain and keep records of persons registered under this Act; (b) be responsible for the management of funds, properties and business of the Board; (c) be responsible administration, organisation and control of staff of the Board; (d) take minutes of the meetings and keep records the for of activities of the Board; and (e) perform any other functions as may be directed by the Board. Deputy Registrar - 11
AI-assisted research summary: The Minister appoints the Deputy Registrar, who assists the Registrar, follows directions from the Board or Registrar, and serves a five-year term with possible reappointment if performance is satisfactory.
11.-(1) The Minister shall appoint a law officer from public service to be the Deputy Registrar of the Board. (1), shall assist (2) The Deputy Registrar appointed under subsection the performance of his functions under this Act and shall discharge such other duties as may be directed by the Board or the Registrar. the Registrar in (3) The Deputy Registrar appointed under subsection (1) shall, in the performance of his functions be, answerable to the Registrar. (4) Where the Registrar authorises the Deputy Registrar to act on his behalf in any matter, any reference in this Act to “the Registrar” shall include a reference to the Deputy Registrar. (5) The functions and powers of the Deputy Registrar shall be prescribed in the instrument of appointment or Regulations made under this Act. (6) The Deputy Registrar appointed under subsection (1) shall hold office for a term of five years and may, subject to his satisfactory performance be eligible for reappointment for one more term. 12 No. 6 The Tanzania Teachers’ Professional Board Act 2018 Secretariat Staff and employees of Board - 12
AI-assisted research summary: The provision establishes a Secretariat of the Board and says the Registrar is its head.
12. There shall be the Secretariat of the Board which shall consist of the Registrar who shall be the head of the Secretariat of Board. - 13
AI-assisted research summary: The Board may appoint officers and other employees, and those officers and employees must answer to the Registrar while performing their functions.
13.-(1) The Board may appoint officers and other employees as it may consider necessary for proper discharge of its functions under this Act. (2) The officers and employees of the Board shall, in the performance of their functions, be answerable to the Registrar. Appointment of supervisory officers - 14
AI-assisted research summary: The Minister may appoint teachers as supervisors at district and regional levels, and appointed supervisors must carry out Board-directed supervisory and related functions.
14.-(1) The Minister may, in consultation with the Board and by notice published in the Gazette, appoint teachers to be supervisors at the district and regional levels. (2) A person appointed under subsection (1) shall supervise professional teachers as the case may be, and any other function within the respective district or region as the Board may direct including to- (a) conduct preliminary investigation on charges or complaints against teaching professionals on malpractice, lack of competence, fitness to practice, negligence and misconduct and forward the same to the Board for final determination; (b) submit to the Board the name of a registered teacher who has by any reason ceased to teach; and (c) collect fees and perform such other functions as may be directed by the Board. Remuneration and allowances - 15 Verify source ↗
Establishment of Board
AI-assisted research summary: The Minister may set the rates for Board remuneration or allowances, after consulting and getting approval from the Minister responsible for public service.
15. The members of the Board or of its Committee, officers and employees of the Board shall be paid remuneration or allowances at such rates as the Minister may, after consultation and approval of the Minister responsible for public service, determine. 13 No. 6 The Tanzania Teachers’ Professional Board Act 2018 PART III REGISTRATION AND LICENSING OF TEACHERS (a) Registration Types of registration
Part
PART III
- 16
AI-assisted research summary: This provision lists three types of registration for professional teachers: provisional, full, and temporary.
16. Types of registration of professional teachers under this Act shall be as follows: (a) provisional registration; (b) full registration; and (c) temporary registration. Register - 17
AI-assisted research summary: The Registrar must keep the register of registered teachers, and registered teachers must tell the Board about changes to register details within 60 days.
17.-(1) The Registrar shall keep and maintain the Register of all persons who are registered teachers. (2) The Register shall contain the following particulars: (a) full name; (b) postal address; (c) residential or physical address; (d) date of birth; (e) qualifications; (f) teaching experience at time of application; (g) registration category number registration; and of (h) date of registration; and (i) any other particular as the Board may determine. (3) A person who is a registered teacher shall notify the Board of any change in any particular entered in the Register within sixty days of that change occurring. (4) The Board, on request- (a) shall make available the particulars of the Register referred to in subsection (2)(a), (f), (g) and (h); and (b) may make available to a teacher’s employing authority the Register the particulars of referred to in subsection (2)(c) and (d) and any other particular in respect of which the registered teacher has given his consent. 14 No. 6 The Tanzania Teachers’ Professional Board Act 2018 Qualification for registration Procedure for registration - 18
AI-assisted research summary: A person may qualify for registration as a teacher only after applying to the Board in the required way, paying the prescribed fee, and satisfying the Board about qualifications and teaching competence.
18. Subject to the provisions of this Act, a person shall be eligible for registration as a teacher after submitting an application to the Board in a prescribed manner and upon payment of the prescribed fee and if he satisfies the Board that- (a) he has the minimum teaching qualification and skills prescribed by the Board; (b) has qualifications and has had adequate competencies as a teacher, in the opinion of the Board, for the purpose of registration. - 19
AI-assisted research summary: An applicant must file a prescribed application with the Registrar and include academic qualification certificates and the prescribed fee. The Registrar then forwards the application with recommendations to the Board, which may approve or reject it.
19.-(1) A person who to obtain registration under this Part shall submit an application to the Registrar in the prescribed form. intends (2) An application under subsection (1) shall be accompanied by- (a) a certified copy or copies of certificates for academic qualifications of the applicant; and (b) an application fee as may be prescribed in the Regulations. (3) The Registrar shall, after receiving an application, refer the application together with his recommendations to the Board for consideration and determination. (4) The Board may, after consideration of the matter- (a) approve the application and direct the Registrar to register the applicant; or (b) reject an application and direct the Registrar to inform the applicant within one month after submission of the application stating the reasons for the Board's decision. Publication of registered teachers - 20
AI-assisted research summary: The Registrar must publish specified details of registered teachers in the Gazette and update the Register when details change; the Registrar may also publish amendments or deletions subject to the Board’s directions.
20.-(1) The Registrar shall, by notice published in the Gazette and as soon as may be practicable following registration, publish the- (a) names and postal address of a registered teacher; 15 No. 6 The Tanzania Teachers’ Professional Board Act 2018 Criteria for registration (b) registration number; (c) qualification of each registered teacher; and (d) any other particulars which the Board may direct. (2) Subject to the directions of the Board, the Registrar may publish in the Gazette any amendment to or deletion of the name of a registered teacher from the Register. (3) Any change in the particulars of a registered teacher under this section shall be entered in the Register by the Registrar. - 21
AI-assisted research summary: A person must satisfy the Board that they are of good character and have completed an approved teacher-training course to be registered as a teacher.
21.-(1) In order to be a registered teacher, such person shall satisfy the Board that he- (a) is of good character; and (b) has successfully completed an approved course relating to teacher training. (2) In determining whether an applicant is of good character, the Board- (a) shall take into account any conviction of, or charge made against, the applicant; (b) shall take into account any behavior of the applicant if- (i) does not satisfy a standard of behavior generally expected of a teacher; (ii) is otherwise disgraceful or improper; or (iii) is unfit to be a teacher; and (c) may take into account any other matter it considers relevant. Issuance of certificate - 22
AI-assisted research summary: The Registrar must issue a registration certificate to each registered teacher immediately after registration, once the prescribed fee is paid. The Board must also issue a registration certificate in approved form to a person registered or granted registration under the Act.
22.-(1) The Registrar shall, immediately after effecting registration under this Act, issue to every registered teacher a certificate of registration upon payment of prescribed fee. (2) The certificate of registration shall contain- (a) full name and addresses of the applicant; 16 No. 6 The Tanzania Teachers’ Professional Board Act 2018 (b) registration number; (c) type, date of registration; (d) duration of the certificate; and (e) such terms and conditions in respect of which a certificate is issued. (3) The certificate issued under subsection (1), shall be- (a) signed by Chairman and Registrar; (b) the property of the Board; and (c) withdrawn and returned to the Board upon suspension or cancellation of the certificate. (4) The Board shall issue a certificate of registration in an approved form to a person registered or whose registration is granted under this Act. Payment of annual registration fee - 23
AI-assisted research summary: A person whose registration is granted under this Act must pay an annual registration fee.
23. A person whose registration is granted under this Act, shall pay an annual registration fee in a manner prescribed in the Regulations. Provisional registration - 24
AI-assisted research summary: A person lacking the teacher qualifications may qualify for provisional registration by giving evidence to the Board; the Board must then issue a provisional certificate, and the person does not need a practising licence once that certificate is issued.
24.-(1) Any person who is not entitled to be registered as a teacher by a reason of the fact that he does not have qualifications prescribed in this Act to be registered as a teacher, shall produce evidence to the satisfaction of the Board that he has been selected for the employment in any school and that such employment would provide the required practical experience be entitled to be provisionally registered. (2) The Board shall issue a certificate of provisional registration in an approved form to a person who is granted provisional registration or whose provisional registration is extended under section 25. (3) A person who is issued with the provisional certificate of registration under this Act, shall not be required to have practicing licence. Extension of provisional registration - 25
AI-assisted research summary: If a person’s provisional registration expires, they may apply to the Board for an extension of that registration.
25. A person whose provisional registration expires, may apply to the Board for an extension of his registration. 17 No. 6 The Tanzania Teachers’ Professional Board Act 2018 Criteria for provisional registration - 26
AI-assisted research summary: The Board may give a person provisional registration if it is satisfied about qualifications or experience and good character, and the Registrar must keep a register of teachers.
26.-(1) The Board may grant provisional registration to a person, subject to any conditions it considers appropriate and if it is satisfied that- (a) the person- (i) has qualifications or experience as determined by the Board; or (ii) is able to obtain the qualifications and experience specified herein; and (b) the person is of good character. (2) The Board shall determine a period of provisional registration which shall not exceed three years. (3) The Board may extend the period of provisional registration for one term so long as the total length of the period of provisional registration does not exceed four years. (4) The Board may require a person who has been granted with a provisional registration to submit a report in an approved form from the person's employer with respect to- (a) the person has in which the manner performed teaching duties; and to (b) any recommendation as suitability for registration. the person's (5) The Registrar shall maintain a register which shall enter the names of teachers therein. Temporary registration - 27
AI-assisted research summary: A non-citizen of Tanzania may get temporary registration if the Board is satisfied about residence and employment purpose, and the applicant submits specified documents to the Registrar.
27.-(1) A person who is not a citizen of Tanzania shall be entitled to a temporary registration if he satisfies the Board that he- (a) is not ordinarily resident in Tanzania; (b) is or intends to be employed in Tanzania in the capacity for which he is applying for the express purpose of carrying out specific assignment in research, teaching or engaging in education matters. 18 No. 6 The Tanzania Teachers’ Professional Board Act 2018 (2) Without prejudice the provisions of subsection (1), a person intending to be temporarily registered shall, together with an application form, submit to the Registrar- to (a) a certified certificate of full registration, issued by a body established in a country in which he practiced; (b) a certified certificate of good standing issued in the country in which he last practiced; (c) testimonials offered to him by the institution or established institutions in the country in which he last practiced; and (d) a curriculum vitae. (3) Registration of person under this section shall remain valid in so far as that person is in the employment in respect of which a temporary registration was issued and shall cease upon termination of such employment. (4) Temporary registration granted under this Act shall be for a period of two years but may be renewed. Prohibition of teaching by unauthorised person - 28
AI-assisted research summary: A person must not teach at a school or employ a teacher unless the person or teacher is registered, temporarily/provisionally registered, or directly supervised by a registered teacher.
28.-(1) A person shall not teach at any school or employ any teacher, unless such person or employee- (a) is registered in accordance with the provision of this Act; (b) has been granted provisional or temporary registration; or (c) is under the direct supervision of a registered teacher. (2) Any person who contravenes provisions of this section commits an offence and upon conviction shall be liable- (a) in the case of a registered teacher, to a fine of not less than five hundred thousand shillings but not exceeding three million shillings or to imprisonment for a term not exceeding three month or to both; and 19 No. 6 The Tanzania Teachers’ Professional Board Act 2018 (b) in the case of an employer, to a fine of not less than one million shillings but not exceeding five million shillings or to imprisonment for a term not exceeding six month or to both. (b) Licensing of Teachers Practising licence for teacher - 29
AI-assisted research summary: Registered teachers who want to practise must apply to the Board for a practising licence, and the Board may approve or reject the application. First-time registered teachers who want to teach in the listed institutions are also to be granted a practising licence valid for three years.
29.-(1) A person who is registered, under this Act and intends to practise as a teacher, shall apply to the Board for a practising licence. (2) Subject to subsection (1), the Board may- (a) approve the application and direct the Registrar to issue a practicing licence to the applicant; or (b) reject an application and direct the Registrar to inform the applicant of the reason for the Board’s decision. Renewal of practicing licence for teachers (3) Any person who is registered as a teacher for the first time under this Act and wishes to practice as a teacher in a pre-primary, primary, secondary, teachers’ and adult education institutions such person shall also be granted a practicing licence which shall be valid for a period of three years. - 30
AI-assisted research summary: A practicing licence renewal is conditional on paying fees, submitting registration evidence, and meeting CPD or other Minister-prescribed requirements.
30.-(1) A practicing licence issued under section 29 shall be renewed subject to: (a) payment of the prescribed fees; (b) submission of certificate of registration; (c) satisfactory evidence that proves that the applicant undergone the Teachers Continuing Professional Development or any other condition as the Minister may prescribe; (d) any other qualification as the Minister may prescribe. (2) Subject to subsection (1), a person may apply to the Board for renewal of registration within three months before the date of expiry. 20 No. 6 The Tanzania Teachers’ Professional Board Act 2018 (3) Notwithstanding the provisions of section 29, a registered teacher whose first practicing licence expires, shall make an application for renewal of his practicing licence to the Board and such licence shall be valid for a period of five years. (4) The procedure for renewal of practicing licence shall be as prescribed in the Regulations. (5) Subject to subsection (1)(c), the Minister may, in consultation with the Board, make Regulations on the requirement for conducting Board’s Examinations. Registrar may call for further information of qualification - 31
AI-assisted research summary: The Registrar may ask any teacher for information about the teacher’s qualifications, either on the Registrar’s own initiative or on the Board’s instruction.
31. The Registrar may, on his own motion or on the instruction from the Board, request any teacher to furnish him with necessary information regarding his qualifications. Cancellation or suspension of certificate of registration - 32
AI-assisted research summary: If the holder of a registration certificate does not follow the required conditions, the Board may cancel or suspend the certificate.
32. Where the certificate of the holder of registration fails to observe the imposed conditions as required, the Board may cancel or suspend the certificate of registration granted under this Act. Registration for foreigners - 33
AI-assisted research summary: A foreigner who wants to teach under this Act must apply and provide specified certificates and particulars; a foreigner may be eligible for temporary registration, subject to subsection (1).
33.-(1) A foreigner who intends to practice as a teacher under this Act, shall submit an application to the together with copies of certificate of his Board qualification, certificate of the jurisdiction, original registration authority of his certificate of good standing from the last jurisdiction of practice and such other particulars as may be prescribed in the regulations. registration from (2) Subject to subsection (1), a foreigner shall be eligible for temporary registration. PART IV CANCELLATION AND SUSPENSION OF REGISTRATION Removal of name from Register
Part
PART IV
- 34
AI-assisted research summary: The Board may cancel or suspend a person’s name from the Register if certain conditions apply, including unpaid fees, professional misconduct, loss of qualifications, dishonesty-related conduct, or death.
34. The Board may cancel or suspend the name of a person from the Register if such person- (a) fails to pay the prescribed fees; 21 No. 6 The Tanzania Teachers’ Professional Board Act 2018 (b) is found guilty of professional misconduct; (c) has lost qualifications in respect of which he was registered; (d) engages in forgery, misrepresentation, fraudulent conduct, inducement or corrupt practice; or (e) dies. Procedure for cancellation or suspension - 35
AI-assisted research summary: A registered teacher who breaches registration conditions may be given a written notice, must respond in writing, and may face cancellation or suspension of the registration certificate.
35.-(1) Where a registered teacher is in violation of the terms and conditions of his registration, the Registrar shall on the directions of the Board, serve to that person a notice in writing specifying the nature of the default. (2) Upon receipt of the notice under subsection (1), the person to whom the notice is served shall make representation the in writing rectification of the default. the Registrar on to Reinstatement (3) Where the person under subsection (2) fails to rectify the default within the time specified in the notice or fails to make representation satisfactory to the Registrar, the Registrar shall recommend to the Board for cancellation or suspension of the certificate issued to that person. (4) The Board shall, if it is satisfied with the recommendations made pursuant to the provisions of subsection (3), direct the Registrar to cancel or suspend the registration certificate. - 36
AI-assisted research summary: A person whose certificate has been cancelled or suspended may have to apply to the Registrar for reinstatement within 12 months; if they miss that period, reinstatement requires passing an examination.
36.-(1) Subject to the provisions of section 35, a person whose certificate has been cancelled or suspended may be required to apply for reinstatement of his registration to the Registrar within the period of twelve months from the date of cancellation or suspension. (2) A person who fails to submit an application for reinstatement of his registration, within the period stipulated under the provisions of subsection (1), shall not be reinstated unless he passes an examination. 22 No. 6 The Tanzania Teachers’ Professional Board Act 2018 Deletion of name - 37
AI-assisted research summary: The Board must notify in writing a person whose name has been deleted from the Register, and that teacher must stop practicing immediately after notification.
37.-(1) The Board shall in writing notify a person whose name has been deleted from the Register. Publication of names deleted from Register Disciplinary action on conviction (2) A teacher whose name has been deleted from the Register, shall, upon notification, immediately cease from practicing as a teacher. - 38
AI-assisted research summary: The Registrar may publish a deleted teacher’s name, address, and qualification in the Gazette and a widely circulating local newspaper in Tanzania.
38. The Registrar may cause to be published in the Gazette and in the local newspaper widely circulating in Tanzania, the name, address and qualification of a teacher whose name has been deleted from the Register. - 39 Verify source ↗
Types of registration
AI-assisted research summary: A registered teacher convicted of certain offences must notify the Board in writing within 21 days, and the Board may take disciplinary action, including suspension, cancellation, censure, or removal from the Register.
39.-(1) Where a registered teacher is convicted in Tanzania or elsewhere of an offence which, if committed in Tanzania, may have been an indictable offence, the Board shall- (a) warn or censure that teacher; or (b) if in the opinion of the Board, that the circumstances of the offence render the teacher unfit to teach- (i) suspend the teacher’s registration for to any considers any period, and subject conditions, appropriate; or the Board (ii) cancel the teacher's registration; (c) direct that the name of the teacher be removed from the Register. (2) The Board, in suspending the registration of a teacher under subsection (1)(b)(i), may substitute provisional registration for any period, and subject to any condition, as it may think fit. (3) A registered teacher who is convicted in Tanzania- (a) whether upon indictment or summarily of an indictable offence; or (b) elsewhere of an offence which, if committed in Tanzania, may have been an indictable offence, shall give notice in writing to the Board within twenty-one days of- 23 No. 6 The Tanzania Teachers’ Professional Board Act 2018 (a) that conviction; and (b) the circumstances in which the offence was committed. (4) Where a registered teacher commits a disciplinary offence under any other written laws which amount to breach of professional misconduct and such matter has been forwarded to the Board, the Board shall institute action against him and initiate disciplinary proceedings. (5) In conducting inquiry the Board shall ensure that the inquiry is concluded within sixty days. PART V COMPLAINTS, INQUIRY AND APPEALS
Part
PART V
- 40
AI-assisted research summary: A person may complain in writing to the Board about a registered teacher, and the Board may dismiss complaints it sees as frivolous or vexatious.
40.-(1) A person may, by notice in writing to the Board, complain about the professional conduct of a registered teacher. (2) The Board may dismiss the complaint if it considers it to be frivolous or vexatious. (3) The Board shall notify the contents of a complaint- (a) to the registered teacher who is the subject Receipt of complaints matter of the complaint; and (b) if the employer of the person is identifiable the the details of the complaint, from employer. Inquiry - 41
AI-assisted research summary: The Board may hold an inquiry about a registered teacher or a complaint under section 40, and may do so itself or through a committee.
41.-(1) The Board may determine to hold an inquiry in respect of- (a) any matter relating to a registered teacher; and (b) any complaint made under section 40. (2) The Board may hold the inquiry itself, or appoint a committee of inquiry to hold the inquiry on its behalf. (3) The Board may hold an inquiry in respect of a registered teacher if it reasonably believes that- 24 No. 6 The Tanzania Teachers’ Professional Board Act 2018 (a) the person is incompetent in teaching and has been dismissed from employment or has resigned in circumstances that, in the opinion employer, his competency to teach; question into call (b) the person’s registration in another country is of cancelled or suspended; (c) the person’s employment in another country is terminated because the employer is satisfied that the person is not competent or fit to teach; (d) the person was registered on the basis of false or misleading information; or (e) the person is no longer of good character. (4) The Board may hold an inquiry in respect of such person if it is satisfied that there is a public interest to do so. - 42
AI-assisted research summary: The Board may appoint a five-person Committee of Inquiry, and that committee must conduct its inquiry under the Act and the Board’s directives.
42.-(1) The Board may appoint a Committee of Inquiry consisting of five persons who shall be- (a) two persons who are registered teachers one from public education institution and the other from private education institution; (b) one person from public service; (c) one person Regional Government; and senior from office Administration (d) one lawyer from responsible and for Local the Ministry Committee of inquiry responsible for education. (2) A committee of inquiry shall hold an inquiry subject to the provisions of this Act and in accordance with directives of the Board. Power to summon witnesses - 43
AI-assisted research summary: The Board may summon witnesses and require documents for inquiries under the Act.
43. The Board shall have power to summon witness and call for the production of documents for the purpose of inquiry conducted under this Act. 25 No. 6 The Tanzania Teachers’ Professional Board Act 2018 Disobedience of summons and refusal to give evidence - 44
AI-assisted research summary: A person served with a summons for an inquiry must obey it and produce documents if required, or face an offence and possible conviction penalties. A person giving evidence before the Board is entitled to the same privileges as a witness before a court.
44.-(1) A person who, having been served with a summons to attend and give evidence or to produce any document at any inquiry held under the provisions of this Act- (a) fails without summons; reasonable cause to obey (b) refuses or omits without sufficient cause to produce any documents in possession or under his control, commits an offence and shall be liable on conviction to a fine not exceeding one hundred thousand shillings or imprisonment for a term not exceeding three months or to both. (2) Any person giving evidence before the Board shall, in respect of any evidence given by him or any other document produced by him, be entitled to all privileges which he would have been entitled to as a witness before the court of law. Conduct of inquiry - 45
AI-assisted research summary: If the Board decides to hold an inquiry about a registered teacher, it must give 14 days’ notice. The person may then send a written statement within 14 days of service of the notice and may be represented by an advocate at the inquiry.
45.-(1) Where the Board determines that an inquiry be held in respect of a person who is a registered teacher shall serve the person a fourteen days notice of the proposed inquiry. (2) The notice shall state- (a) the nature and details of any matter of the proposed inquiry; (b) the date, time and place which it shall be held; and (c) the full names of committee of inquiry. the members of the (3) A person who is supposed to appear before the inquiry may submit to the Board within fourteen days of service of the notice a statement in writing- (a) admitting to, or refusing, the substance of any matter to be inquired into; or (b) notifying the Board of the intention to appear in person. 26 No. 6 The Tanzania Teachers’ Professional Board Act 2018 (4) A person may be represented in person or by an advocate at an inquiry and assist the Board where required to do so. Proceedings at inquiry - 46
AI-assisted research summary: The Committee may administer oaths, summon witnesses, order document production, and regulate its own inquiry proceedings. The Chairman, or the Vice-Chairman if the Chairman is absent, must record a summary of oral evidence.
46.-(1) For the purpose of proceedings during the inquiry, the Committee shall have power to- (a) administer oaths; (b) summon persons to attend and give evidence; and (c) order production of documents. (2) All summons and orders issued under the hand of the Chairman or the Vice-Chairman of the Committee shall be deemed to have been issued by the Board. (3) The Chairman, or in his absence the Vice- Chairman of the Committee of inquiry shall record or cause to be recorded a summary of any oral evidence given at the inquiry. (4) The Committee shall have the power to regulate its own proceedings of inquiry at the inquiry held by it. Committee to report to Board Decisions - 47
AI-assisted research summary: The Committee of Inquiry must report its findings and recommendations to the Board when it finishes the inquiry, and the Board must consider them when making decisions about the inquiry.
47.-(1) The Committee of Inquiry, on completion and report findings shall its the of inquiry, recommendations to the Board. (2) The Board, in making any decision in relation to the inquiry, shall take into consideration any findings and recommendations of the Committee of Inquiry. - 48
AI-assisted research summary: After an inquiry, the Board may warn or caution the teacher, suspend or cancel the teacher’s registration, or decide the matter has no substance.
48. The Board may, after receiving the findings and recommendations of the Committee of inquiry, make any of the following decisions as a result of the inquiry- (a) warn or caution the teacher concerned; (b) suspend the teacher’s registration for any period, and subject to any condition, it considers appropriate; (c) cancel the teacher’s registration; (d) determine that the teacher is- (i) unfit to be a teacher; or 27 No. 6 The Tanzania Teachers’ Professional Board Act 2018 Appeal Funds and resources of Board (ii) not of good character; and (e) determine that the complaint or matter being inquired into is without substance. - 49
AI-assisted research summary: A person aggrieved by the Board’s decision may appeal to the Minister within 90 days; the Minister must act within 60 days; a person aggrieved by the Minister’s decision may seek redress in the High Court within 45 days.
49.-(1) Any person who is aggrieved by the decision of the Board may, within ninety days from the date of receipt of the decision, appeal to the Minister. (2) The Minister shall within sixty days after receiving the appeal made under subsection (1), confirm, vary, or set aside the decision of the Board. (3) A person who is aggrieved by the decision of the Minister may, within forty five days from the date of decision, seek redress to the High Court. PART VI FINANCIAL PROVISIONS
Part
PART VI
- 50
AI-assisted research summary: The Board’s funding may come from parliamentary appropriations, fees and charges, donations, grants, bequests, other vested or accrued funds or assets, sale proceeds, and other legally acquired income identified by the Board.
50. The sources of funds of the Board shall include- (a) such sums of money as may be appropriated by Parliament for the purpose of this Act; (b) fees and other charges payable under this Act; (c) such donations, grants and bequeaths as the Board may from time to time receive from stakeholders or organisations; (d) any funds or assets which may be vested in or accrued from other sources; (e) proceeds derived from sale of assets; and (f) any other sources of income identified by the Board and legally acquired. Power to borrow - 51
AI-assisted research summary: The Board may borrow money by loan or overdraft, but only in consultation with the Minister and subject to relevant laws.
51. The Board may, in consultation with the Minister, subject to relevant laws, borrow monies by way of loan or overdraft and upon such security and terms and conditions relating to repayment of the principal and payment of interest. 28 No. 6 The Tanzania Teachers’ Professional Board Act 2018 Annual and supplementary Budget - 52
AI-assisted research summary: The Board must prepare and submit budgets for ministerial approval, and the Minister may approve, reject, or amend them.
52.-(1) Not less than two months before the beginning of any financial year the Board shall at its first meeting convened for that purpose, pass a detailed budget (in this Act referred as the “Annual Budget”) of the amounts respectively expected to be- (a) received; and (b) disbursed by the Board during the financial year. (2) Where in any financial year the Board requires to make any disbursement not provided for in the annual budget for the year, the Board shall at a meeting convened for that purpose, pass a supplementary budget detailing the disbursement. (3) The Board shall upon the passing of the annual budget or any supplementary budget, submit such budget to the Minister for his approval. (4) The Minister shall, upon the receipt of the annual budget or supplementary budget, approve or disapprove it or approve it subject to such amendments as he may consider fit. (5) Where the Minister has approved any annual budget or supplementary budget, the budget approved by him, whether with or without amendments, shall be binding on the Board which subject to the provisions of subsection (6) shall confine its disbursement within the items and amounts contained in the applicable estimates as approved by the Minister. (6) The Board may- (a) from the amount of expenditure provided for in any budget in respect of any item, transfer a sum of money from one item to another item contained in the budget; (b) adjust expenditure limits to take account of circumstances not reasonably foreseeable at the time the budget was prepared, subject to the submitting supplementary budget Minister within two months of the alteration of expenditure limits becoming necessary. to 29 No. 6 The Tanzania Teachers’ Professional Board Act 2018 Accounts - 53
AI-assisted research summary: The Board must keep proper books of accounts, and the Registrar must prepare an annual statement within three months after the financial year ends.
53.-(1) The Board shall keep proper books of accounts. (2) Subject to any directions given by the Board and in accordance with the provisions of laws governing financial or accounting standards, the Registrar shall prepare in respect of each financial year, and not later than three months after the close of the financial year, a statement which shall the report on performance of the Board during that financial year. include a (3) The statement prepared under subsection (2) shall comprise of- (a) statement of financial performance; (b) statement of financial position; (c) statement of cash flows; (d) statement of changes of equity; and (e) notes to the financial statements. - 54
AI-assisted research summary: The Board’s accounts must be audited each financial year, and the Board must submit accounts and audited financial statements to the Controller and Auditor General and then to the Minister within the stated time limits.
54.-(1) The accounts of the Board shall, in respect of each financial year, be audited by the Controller and Auditor General or by an Auditor appointed by the Controller and Auditor General. (2) The Board shall, within three months after the closure of each financial year, submit to the Controller and Auditor General for auditing the statement of accounts described in section 53 of this Act. (3) The Board shall, as soon as practicable but not later than two months after receiving the audited report from the Controller and Auditor General, submit to the Minister the audited financial statements and a report of the Controller and Auditor General on such statements. - 55
AI-assisted research summary: The Board must prepare and submit an annual report to the Minister within six months after the financial year ends, with audited accounts, the auditor’s report, and any other information the Minister directs.
55. The Board shall, within six months after the closure of the financial year, prepare and submit to the Minister a report dealing with its activities and operations during that year and accompanied by- (a) a copy of the audited accounts of the Board; (b) a copy of the auditor’s report on the accounts; 30 Audit Statements of accounts and reports No. 6 The Tanzania Teachers’ Professional Board Act 2018 and (c) any other information as the Minister may direct. Lay before the National Assembly - 56
AI-assisted research summary: The Minister must lay a copy of specified Board reports and accounts before the National Assembly within 12 months after the end of a financial year, and do so as soon as practicable.
56. The Minister shall as soon as practicable and not later than twelve months after the closure of a financial year lay before the National Assembly copy of- (a) audited statement of accounts of the Board; (b) auditors report; and (c) the Board report. Investment Cap. 53 - 57
AI-assisted research summary: The Board may invest available fund money in Trustee Investment Act-authorised investments, but only subject to relevant laws and with the Minister’s approval.
57. The Board may, subject to relevant laws and after obtaining approval of the Minister, from time to time invest any monies available in any fund in investments authorised by the Trustee Investment Act, in relation to investment of funds by a Trustee. Offence for illegal practise Offence for registered teacher Procurement of illegal registration PART VII OFFENCES AND PENALTIES
Part
PART VII
- 58
AI-assisted research summary: A person who teaches without being registered or licensed commits an offence.
58. A person who practises as a teacher without being registered or licenced commits an offence and shall be liable on conviction to a fine of not less than five hundred thousand shillings but not exceeding one million shillings or to imprisonment for a term of not more than one year or to both. - 59
AI-assisted research summary: A registered person must not let, help, or cause an unregistered person to practice as a teacher.
59. A person registered under this Act who allows, associates or otherwise causes a person who is not registered as such to practice as a teacher, commits an offence and shall be liable on conviction to a fine of not less than five hundred thousand shillings and not exceeding one million shillings or to imprisonment for a term of not more than one year or to both. - 60
AI-assisted research summary: A person must not use false statements or documents, falsify matters relating to the Register, or help someone else do those acts.
60. A person who- (a) procures or attempts to procure registration by fraudulent false or production of any statement or document; or 31 No. 6 The Tanzania Teachers’ Professional Board Act 2018 (b) deliberately makes or causes to be made any falsification in any matter relating to the Register; or (c) assists or aids any person to commit any of the acts prescribed under this section, commits an offence and on conviction shall be liable to a fine of not less than one million shillings and not exceeding three million shillings and to imprisonment for a term not less than six months and not exceeding two years or to both. False and misleading statements - 61
AI-assisted research summary: A person giving information under this Act must not make false or misleading statements or leave out information that would make the information misleading.
61.-(1) A person, in giving any information under this Act, shall not- (a) make a statement knowing it to be false or Offence for a teacher who fails to obey summons misleading; or (b) omit any matter knowing that without that matter the information is misleading. (2) Any person who contravenes provision of this section commits an offence. - 62
AI-assisted research summary: A teacher or any other person summoned by the Board must attend, produce required documents, answer questions, swear or affirm as a witness, and not disrupt or insult the Board; breaches can be an offence.
62. A teacher or any other person who - (a) having been summoned by the Board and fails- (i) to attend before the Board; (ii) without reasonable excuse produce any book or documents which he is required to produce; (b) without lawful excuse, refuse to answer any question put to him in the cause of the proceedings of the Board; (c) refuses to swear or affirm as a witness; (d) willfully interrupts the proceedings of the Board or insults any member of the Board; and (e) fails to observe or breaches any other provisions of this Act, commits an offence and upon conviction shall be liable to a fine of not less than one hundred thousand shillings and not exceeding five hundred thousand shillings or to 32 No. 6 The Tanzania Teachers’ Professional Board Act 2018 General offence and penalty Notification of decision of Board Notice of termination Reciprocal recognition Codes of ethics imprisonment for a term not exceeding three months. - 63 Verify source ↗
PART V
AI-assisted research summary: If a person breaches this Act and no specific penalty applies, the person commits an offence and, on conviction, may be fined, imprisoned for five years, or both.
63. Any person who contravenes provisions of this Act and where no specific penalty for that offence is provided, commits an offence and upon conviction shall be liable to a fine of not less than five hundred thousand shillings and not exceeding five million shillings or to imprisonment for a term of five years or to both. PART VIII MISCELLANEOUS PROVISIONS
Part
PART VIII
- 64 Verify source ↗
Notification of decision of the Board
AI-assisted research summary: The Board must give written notice to a person of any decision affecting that person or someone employed by that person, and give the reasons for the decision.
64. The Board shall give a person a notice in writing of- (a) any decision it makes that affects that person or a person employed by that person; and (b) the reasons for that decision. - 65
AI-assisted research summary: An employer must tell the Board when a registered teacher is terminated for professional misconduct, and must do so within 21 days.
65.-(1) Where a registered teacher is terminated on grounds of professional misconduct, an employer shall notify the Board of such termination within twenty one days after the termination. (2) The notice under subsection (1) shall state the reasons of that termination. - 66
AI-assisted research summary: Professional teachers registered in other countries may receive reciprocal recognition when a Mutual Recognition Agreement is made between the Board and other professional regulatory bodies.
66. There shall be reciprocal recognition for persons registered as professional teachers with other countries upon entering into Mutual Recognition Agreements between the Board and other professional regulatory bodies. - 67
AI-assisted research summary: The Minister may, after consulting the Board, prescribe a Code of Conduct and Ethics and a code of good practice for professional teachers, and those codes must be published in the Gazette.
67.-(1) The Minister may after consultation with the Board, prescribe a Code of Conduct and Ethics and a Code of good practice to be observed by professional teachers. (2) The Codes made under the provisions of subsection (1) shall be published in the Gazette. 33 No. 6 The Tanzania Teachers’ Professional Board Act 2018 Protection of members of Board and Officers - 68
AI-assisted research summary: A Board member or employee is not personally liable for acts done bona fide while carrying out, or apparently carrying out, functions given by the Act or regulations.
68. Any matter or thing done by any member or employee of the Board shall, if done bona fide, in the execution or purported execution of the functions conferred upon that member or employee by this Act or by regulations made hereunder render that member or employee not personally liable for the matter or thing. Replacement of certificate or licence - 69
AI-assisted research summary: The Board may issue a replacement certificate of registration or licence if the original is lost, destroyed, or misplaced, and a prescribed fee is paid.
69. The Board, on payment of a prescribed fee, may issue another certificate of registration or licence if satisfied that the original certificate or licence is lost, destroyed or misplaced. Fees, penalties and charges payable to Board - 70
AI-assisted research summary: The Board may waive all or part of a fee or charge payable to it under this Act.
70.-(1) Any fine, fees and charges under this Act shall be payable to the Board. (2) The Board may waive payment of all or part of any fee or charge payable to it under this Act. (3) The fees and charges payable under this Act shall be as prescribed in the regulations. - 71
AI-assisted research summary: The Minister may make regulations to carry out the Act and to cover listed matters about teachers, registration, conduct, fees, appeals, committees, foreign teachers, supervision, development, and examinations.
71.-(1) The Minister may make regulations generally providing for the better carrying out of the provisions of this Act. (2) Notwithstanding subsection (1), the Minister Regulations may make regulations- (a) regulating the practice of registered teachers; (b) prescribing conducting procedures inquiry; for (c) prescribing qualifications, which shall be for the holder recognized as entitling registration under this Act; (d) prescribing procedures for registration under this Act; (e) prescribing rules regulating the standards of professional conduct for teachers profession; (f) prescribing fees and other charges; (g) prescribing procedure for appeals under this Act; 34 No. 6 The Tanzania Teachers’ Professional Board Act 2018 (h) prescribing the functions of the committees established under this Act; (i) prescribing conditions and procedures for foreign teachers in the country; (j) prescribing conditions for names of registered teachers; retaining the (k) prescribing procedure for supervision at the regional and district levels; the manner Continuous (l) prescribing Teachers Development will be conducted; in which the Professional (m) prescribing procedures and manner in which be examinations shall professional conducted; and (n) any matter which is permitted or required by Inconsistency with other legislation Transitional provision this Act to be prescribed. - 72
AI-assisted research summary: If this Act conflicts with other written laws about teacher registration, this Act prevails to the extent of the inconsistency.
72. Where the provisions of this Act is in conflict or is otherwise inconsistent with the provisions of any other written laws relating to registration of teachers, the provisions of this Act shall prevail to the extent of such inconsistency. - 73 Verify source ↗
Notice of termination
AI-assisted research summary: Certain teachers who were not registered when the Act started are exempt from the Act’s conditions, but they must register within two years. The Minister may extend the registration period by Gazette order.
73.-(1) A teacher who, immediately before coming into operation under this Act, was not registered, shall be exempted from the conditions stipulated under this Act. (2) Notwithstanding the provisions of subsection (1) each of such teacher shall be required to register under this Act within two years from the date of coming into operation of this Act. (3) Subject to the provisions of subsection (2), the Minister may by Order published in the Gazette, extend the period of registration of teachers. 35 No. 6 The Tanzania Teachers’ Professional Board Act 2018 PART IX CONSEQUENTIAL AMENDMENT AMENDMENT OF THE EDUCATION ACT, (CAP.353) Construction Cap.353
Part
PART IX
- 74
AI-assisted research summary: This Part is to be read together with the Education Act, which is called the principal Act.
74. This Part shall be read as one with the Education Act, herein after referred to as “principal Act”. Amendment of Section 2 Repeal of sections 45 to 51 - 75
AI-assisted research summary: This section amends section 2 of the principal Act by deleting the definition of “teacher”.
75. The principal Act is amended in section 2 by deleting the definition of the term “teacher”. - 76 Verify source ↗
Construction
AI-assisted research summary: This section amends the principal Act by repealing sections 45 to 51.
76. The principal Act is amended by repealing sections 45 to 51. ________ SCHEDULE ___________ (Made under section 5(5)) ______________ PROCEEDINGS OF THE BOARD Vice Chairman Tenure of office
Part
SCHEDULE
- 1 Verify source ↗
Short title and commencement
AI-assisted research summary: The members must elect one of their own as Vice-chairman of the Board, and the elected member serves for three years.
1. The members shall elect one amongst their number to be Vice-chairman of the Board and such member elected shall hold office for a term of three years. - 2 Verify source ↗
Application
AI-assisted research summary: A member normally holds office for three years and may be re-appointed for one term, unless the appointment is ended earlier or the person stops being a member.
2.-(1) A member shall, unless the appointing authority terminates his appointment, or ceases in any other way to be a member, hold office for a period of three years but may be eligible for re- appointment for one term. (2) A member appointed by virtue of his office shall cease to be a member upon ceasing to hold the office entitling him to appointment to the Board. Remuneration - 3 Verify source ↗
Interpretation
AI-assisted research summary: A Board member is entitled to remuneration, fees, or expense allowance set by the Minister, based on recommendations from the Minister responsible for Public Service.
3. A member of the Board shall be entitled to such remuneration, fees or allowance for expenses as the Minister may determine and upon recommendations from the Minister responsible for Public Service. Resignation - 4
AI-assisted research summary: A member may resign by giving the Minister a signed notice.
4. A member may resign by signed notice given to the Minister. 36 No. 6 The Tanzania Teachers’ Professional Board Act 2018 Prox representation - 5
AI-assisted research summary: If a board member appointed by virtue of holding office cannot attend a meeting, they may nominate someone from their organization to attend instead.
5. Where a member of the Board who is a member by virtue of holding office is unable for any reason to attend any meeting of the Board, he may nominate another person from his organization to attend the meeting in his place. Convening of meetings Meeting of Board Quorum and voting at meetings Decisions of Board - 6
AI-assisted research summary: The Chairman of the Board must convene a Board meeting.
6. A meeting of the Board shall be convened by the Chairman of the Board. - 7
AI-assisted research summary: The Board must meet at least once every three months, the Chairman normally presides, the Vice Chairman presides if the Chairman is absent, and members present appoint a presiding member if both are absent.
7.-(1) The Board shall ordinarily meet for the transaction of its business at the time and at the place determined by it, but shall meet at least once in every three months. (2) The Chairman shall preside at every meeting of the Board and in the absence of the Chairman, the Vice Chairman. (3) The Chairman or in his absence, the Vice Chairman may at any time call a special meeting of the Board upon a written request by a majority of the members in office. (4) In the absence of the Chairman and Vice Chairman, the members present shall appoint one amongst their number to preside over the meeting. (5) The Chairman may invite any person who is not a member to participate in the deliberations at any meeting of the Board, but any person so invited shall not be entitled to vote. - 8
AI-assisted research summary: A majority of the Board members makes a quorum, and Board business must be decided by resolution at a meeting where a quorum is present.
8.-(1) A majority of the members of the Board shall constitute a quorum at any meeting of the Board. (2) All acts, matters and things authorized to be done by the Board shall be decided by resolution at a meeting of the Board at which a quorum is present. - 9
AI-assisted research summary: Board decisions are generally made by majority vote, each member has one vote, and the chair gets a casting vote if votes are tied.
9.-(1) A decision of the majority of members present and voting at a meeting of the Board shall be deemed to be a decision of the Board. (2) Every member of the Board shall have one vote and in the event of an equality of votes the Chairman of the meeting shall have a second or casting vote in addition to his deliberative vote. (3) Notwithstanding the provisions of sub-paragraph (2) where a Chairman so directs, a decision may be made by the Board without a meeting by circulation of the relevant papers among all the members and expression in writing of their views, but any member shall be entitled to require that any such decision shall be deferred until the subject matter has been considered at a meeting of the Board. Minutes of Meetings - 10
AI-assisted research summary: The Board must keep minutes of its meetings, have them read and confirmed or amended at the next meeting, and signed by the person presiding.
10.-(1) The Board shall cause to be recorded and kept minutes of all business conducted or transacted at its meetings, and the minutes of each meeting of the Board shall be read and confirmed, or amended 37 No. 6 The Tanzania Teachers’ Professional Board Act 2018 Board may regulate conduct of meetings Validity of proceedings and confirmed, at the next meeting of the Board and signed by the person presiding at the meeting. (2) Any minutes signed by a person presiding at a meeting of the Board shall, in the absence of proof of error, be deemed to be a correct record of the meeting. - 11
AI-assisted research summary: The Board may regulate its own proceedings, subject to this Act.
11. Subject to the provisions of this Act, the Board may regulate its own proceedings. - 12
AI-assisted research summary: Board acts and proceedings stay valid even if there was a vacancy, a defective appointment, or a disqualified/incapable member.
12.-(1) Any act or proceeding of the Board or of a person acting under the direction of the Board is not invalid by reason only that, at the time when the act or proceeding was done, taken or commenced, there was a vacancy in the membership of the Board. (2) Any act or proceeding of the Board or of a person acting under the direction of the Board is valid even if- (a) the appointment of a member of the Board was defective; or (b) a person appointed as a member of the Board was disqualified from acting as, or incapable of being, such a member. Orders and Documents - 13
AI-assisted research summary: Documents issued on behalf of the Board must be signed by the Chairman or by the Registrar of the Board if authorised in writing by the Board.
13. All orders, directions, notes or other documents issued on behalf of the Board shall be signed by the: (a) Chairman; or (b) Registrar of the Board authorised in writing in that behalf by the Board. Seal of Board - 14
AI-assisted research summary: The Board must have a seal kept safely by the Registrar, and use of the seal on documents must be authenticated by the signatures of the Chairman and the Registrar.
14.-(1) The Board shall have a seal to be kept under safe custody of the Registrar. (2) The affixing of the seal of the Board on any document shall be authenticated by the signature of the Chairman and the Registrar. (3) A document purported to be an instrument issued by the Board and authenticated in a manner provided for under subparagraph (2) shall be deemed to be a valid instrument. Passed by the National Assembly on the 6th September, 2018. STEPHEN KAGAIGAI Clerk of the National Assembly 38
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