The Water supply and Sanitation Act

This section sets the Board’s membership, appointment rules, and composition requirements.

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Jurisdiction: Tanzania
Instrument: Act or statute
Citation: The Water supply and Sanitation Act
Version: Undated source snapshot
Language: en
Official source: View official record ↗

appointment termination appointments board authority board composition board governance board meetings board membership board powers board procedure decision-making governance meeting procedure meetings minutes notice quorum recruitment procedures removal of board members resignation signing documents voting

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Statute overview

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This section sets the Board’s membership, appointment rules, and composition requirements. The Board may invite a person from any sector or institution to attend a meeting and advise it when necessary, but that person has no voting right. Board members, including the Chairman, serve for three years and may be re-appointed for one additional non-renewable term. A member may resign at any time by giving one month’s written notice to the appointing authority. This section sets how the Board meets and decides: quorum, resolution voting, casting vote, and decisions by circulation.

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Legal text

Provisions of The Water supply and Sanitation Act

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1
Short title
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AI-assisted research summary: This section sets the Board’s membership, appointment rules, and composition requirements.

1.–(1) The Board shall be composed of seven members being- (a) the Chairman; (b) five members; and (c) the Chief Executive Officer. (2) The Chairman and the five members shall be non-executive. (3) The Chairman shall be a person of proven quality and integrity who has held high post distinction in public or private sector appointed by the President. (4) The five members of the Board of the Fund shall be appointed by the Minister and be composed as follows: (a) representative from the Ministry responsible for water; 706 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE WATER SUPPLY AND SANITATION ACT [CAP. 272 R.E. 2023] (b) representative from the Ministry responsible for regional administration and local government; (c) representative from the Ministry responsible for finance; (d) one member with strong knowledge in either economics, project investment or financing from outside public service; and (e) representative from private sector. (5) Appointment of members of the Board of the Fund shall take into account gender representation. (6) The Minister shall, in recommending the appointment of Chairman and in making appointment of members mentioned under paragraph 1(4) (d) and (e), use competitive recruitment procedures: Provided that, where a competitive procedure is not practicable, he shall make direct appointment without competition.
2
Application
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AI-assisted research summary: The Board may invite a person from any sector or institution to attend a meeting and advise it when necessary, but that person has no voting right.

2. The Board may invite a person not mentioned in subparagraph 1(4) from any sector or institution whenever deemed necessary to attend any of its meetings to address a specific matter and advice the Board: Provided that, the invited person shall not have a voting right.
3
Interpretation
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AI-assisted research summary: Board members, including the Chairman, serve for three years and may be re-appointed for one additional non-renewable term.

3. A member of the Board, including the Chairman, shall hold office for a term of three years and be eligible for re-appointment of a non- renewable subsequent term.
4
Objectives and principles
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AI-assisted research summary: A member may resign at any time by giving one month’s written notice to the appointing authority.

4. A member may at any time resign by giving one month notice in writing to the appointing authority and from the date specified therein the notice or if no date specified, from the date of receipt of the notice by the appointing authority, he shall cease to be a member. Co-option of members Tenure of members of Board of Fund Resignation Quorum and decision making
5
Powers of Minister
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AI-assisted research summary: This section sets how the Board meets and decides: quorum, resolution voting, casting vote, and decisions by circulation.

5.–(1) Half of members of the Board in office, excluding the Chairman, shall constitute a quorum at any meeting of the Board. (2) All acts, matters, and items authorised by the Board shall be decided by resolution at a meeting of the Board at which there is quorum. (3) A decision approved by the majority of members present at a meeting of the Board shall be deemed to be a decision of the Board. (4) 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 casting vote in addition to his deliberative vote. (5) Notwithstanding the provisions of this Schedule, where the Chairman directs, a decision may be made by the Board without a meeting by circulation of the relevant papers among all the members and the expression in writing of their views: Provided that, any member shall be entitled to require that any such decision be deferred until the subject or matter is considered at a meeting of the Board. 707 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE WATER SUPPLY AND SANITATION ACT [CAP. 272 R.E. 2023] Meetings of Board
6
Responsibility of Minister responsible for local government
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AI-assisted research summary: This section sets how the Board meets, who presides, who convenes meetings, and how notice and minutes must be handled.

6.–(1) The Board shall meet at least four times a year or at such other time as may be necessary or expedient for the transaction of its business. (2) The Chairman shall preside at the meeting of the Board and in the absence of the Chairman the members present at the meeting shall elect one member from amongst themselves to be an interim Chairman. (3) Minutes of the Board meetings shall be kept and confirmed by the Board at its next meeting and signed by the Chairman of the Meeting. (4) All meetings of the Board shall be convened by the Secretary to the Board or where the Secretary is unable to convene a meeting, the Chairman, who shall appoint a suitable time, place and date for holding of each meeting. (5) The Chairman shall convene a special meeting of the Board on a request in writing signed by not less than half of members of the Board for such a meeting and shall cause the meeting to be held within twenty one days of the receipt by him of such notice. (6) Except in case of special meeting, a Board meeting shall be convened with at least five working days’ notice in writing, specifying the business to be transacted at the meeting, and written notice of the convening of the meeting shall be given to every member of the Board. Seal of Fund
7
Responsibility of Regional Secretariat
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AI-assisted research summary: Documents are treated as duly executed for the Board if they are sealed with the Fund’s seal and signed by the specified officer combinations.

7. All deeds, instrument, contracts and other documents shall be deemed to be duly executed by or on behalf of the Board where: (a) sealed with the seal of the Fund and signed by the Chairman and the Secretary; (b) sealed with the seal of Fund and signed by Chief Executive Officer and Secretary; or (c) sealed with the seal of the Fund and signed by Chairman and the Chief Executive Officer. Proceedings not invalidated by irregularity
8
Functions of local government authorities
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AI-assisted research summary: Board acts or proceedings are not invalid just because there is a vacancy, an appointment defect, or someone acted while actually disqualified.

8. Act or proceeding of the Board shall not be invalid by reason of vacancy in its membership, any defect or irregularity in the appointment of any member or by reason that any person who purported bona fide to act as a member at the time of the act or proceedings, was in fact disqualified or not entitled to act as a member. Absence from three consecutive meetings
9
Establishment of water authority
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AI-assisted research summary: If a member misses three consecutive Board meetings without sufficient cause, the Board must tell the appointing authority, which may then consider ending that member’s appointment and appointing someone else.

9. Where a member absents himself from three consecutive meetings of the Board without sufficient cause, the Board shall advise the appointing authority of the fact for the appointing authority to consider termination of the appointment of such member and appointment of another member in his place. Power to regulate procedure
10
Board of Directors of water authorities
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AI-assisted research summary: The Board must regulate its own procedure and may make standing orders about Board meetings and the conduct of its business.

10. The Board shall regulate its own procedure and may make standing orders providing for all matters relating to the meetings of the Board and the proper conduct of its business. Removal of member
11
Appointment of members of Board
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AI-assisted research summary: The Minister may remove a Board member from office, after consulting the Board, if listed conditions are met.

11. The Minister may, in consultation with the Board, remove a member from the office at any time where- 708 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE WATER SUPPLY AND SANITATION ACT [CAP. 272 R.E. 2023] (a) a member is declared bankrupt; (b) a member is convicted of criminal offence; (c) a member is in conflict of interests; (d) a member is incapable of carrying out member’s duties due to ill health or physical or mental impairment; and (e) fails to attend at least two third of the meetings of the Board in the period of twelve consecutive months.
12
Powers of Board
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AI-assisted research summary: The Minister may dissolve the Board of the Fund.

12. The Minister may dissolve the Board of the Fund. Power to dissolve Board of Fund 709 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.

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The Water supply and Sanitation Act

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