Laws of Tanzania ActiveThe Institute of Judicial Administration Lushoto Act
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©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.671 CHAPTER 405 THE INSTITUTE OF JUDICIAL ADMINISTRATION LUSHOTO ACT [PRINCIPAL LEGISLATION] Arrangement of Sections Section Title part i PRELIMINARY PROVISIONS 1. Short title. 2. Interpretation. part ii ESTABLISHMENT OF THE INSTITUTE 3. Establishment of Institute. 4. Directorates. 5. Functions of Institute. part iii ADMINISTRATION 6. Establishment of Council. 7. Powers and duties of Council. 8. Powers of Minister. 9. Rules. 10. Appointment of Principal. 11. Directors of Institute. 12. Appointment of employees. part iv ADMISSION, EXAMINATIONS AND EXAMINATION COMMITTEE 13. Admission and fees. 14. Examination Committee. part v FINANCIAL PROVISIONS 15. Funds of Institute. 16. Annual budget estimates. MINATION COMMITTEE 13. Admission and fees. 14. Examination Committee. part v FINANCIAL PROVISIONS 15. Funds of Institute. 16. Annual budget estimates. ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.672 THE INSTITUTE OF JUDICIAL ADMINISTRATION LUSHOTO ACT [CAP. 405 R.E. 2023] 17. Investment of Institute. 18. Accounts and audit. 19. Financial report to be laid before National Assembly. part vi MISCELLANEOUS PROVISIONS 20. Remuneration and fees. 21. Delegation of powers by Council. 22. Protection of members. 23. Regulations and rules. SCHEDULE ISCELLANEOUS PROVISIONS 20. Remuneration and fees. 21. Delegation of powers by Council. 22. Protection of members. 23. Regulations and rules. SCHEDULE ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.673 PART I PRELIMINARY PROVISIONS 1. This Act may be cited as the Institute of Judicial Administration Lushoto Act. 2. In this Act, unless the context otherwise requires- “Board” means boards as may be established by the Council under the provisions of this Act; “Council” means the governing body of the Institute as established under section 6 of the Act; “Director” means a director of the Institute appointed under section 11; “Institute” means the Institute of Judicial Administration established under section 3; “Member” means a member of the Council and includes a Chairperson of the Council; “Minister” means the Minister responsible for legal affairs; and “Principal” means the Principal of the Institute appointed under section 10. Short title Interpretation CHAPTER 405 THE INSTITUTE OF JUDICIAL ADMINISTRATION LUSHOTO ACT An Act to establish the Institute of Judicial Administration Lushoto and to provide for the functions, management and control of the Institute and for related matters. [15th June, 1999] [GN. No. 138 of 1999] Acts Nos. o and to provide for the functions, management and control of the Institute and for related matters. [15th June, 1999] [GN. No. 138 of 1999] Acts Nos. 3 of 1998 11 of 2023 GN. No. 504 of 2017 3 of 1998 11 of 2023 GN. No. 504 of 2017 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.674 THE INSTITUTE OF JUDICIAL ADMINISTRATION LUSHOTO ACT [CAP. 405 R.E. 2023] PART II ESTABLISHMENT OF THE INSTITUTE 3.–(1) There is hereby established an Institute to be known as the Institute of Judicial Administration Lushoto. (2) The Institute shall be a body corporate and shall- (a) have perpetual succession and an official seal; (b) in its corporate name, be capable of suing and being sued; (c) be capable of holding, purchasing or otherwise acquiring in any other way, any movable property or immovable property and disposing of any of its property; and (d) have power to borrow such sums as it may require for its purposes. 4. The Institute shall consist of such number and kind of directorates as the Council may decide. borrow such sums as it may require for its purposes. 4. The Institute shall consist of such number and kind of directorates as the Council may decide. 5.–(1) The functions of the Institute shall be- (a) to offer and conduct local and international training programmes in legal disciplines as may be prescribed by the Council; (b) to determine and offer academic awards at the end of training programmes, such as various certificates as may be decided by the Council; (c) to conduct legal research in priority areas determined by the Council and Institutes’ Administration; (d) to apply research findings for the betterment of academic literature and for continued enrichment of the curriculum and teaching; (e) to provide consultancy services in legal matters to the Government, public and private organisations, individuals and other clients within and outside the country; (f) to offer legal counsel to clients in a manner and modality on such terms and conditions as may be determined by the Institutes’ Administration; Establishment of Institute Directorates Functions of Institute Act No. 11 of 2023 s. 34 itions as may be determined by the Institutes’ Administration; Establishment of Institute Directorates Functions of Institute Act No. 11 of 2023 s. 34 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.675 THE INSTITUTE OF JUDICIAL ADMINISTRATION LUSHOTO ACT [CAP. 405 R.E. 2023] (g) to arrange for the publication and dissemination of academic literature generated from the academic activities of the Institute as may be determined by the Institutes’ Administration; (h) to sponsor and to provide facilities for short courses and seminars according to internal and public demand; (i) to offer and conduct judicial training and continuing education for Judiciary staff and other stakeholders in the administration of justice; (j) to do all such acts and things and enter into such contracts and transactions as are, in the opinion of the Council, expedient or necessary for the proper and efficient discharge of functions of the Institute. (2) The Institute may, for the purposes of extending its services, establish branches, campuses or other directorates. PART III ADMINISTRATION 6.–(1) There is hereby established a Council of the Institute. s services, establish branches, campuses or other directorates. PART III ADMINISTRATION 6.–(1) There is hereby established a Council of the Institute. (2) The provisions of the Schedule to this Act, shall have effect as to the composition of the Council, tenure of office of its members, termination of their appointments, the proceedings of the Council and other matters in relation to the Council and its members. (3) The Chief Justice may, by order published in the Gazette, amend, vary or replace all or any of the provisions of the Schedule. 7.–(1) Subject to the provisions of this Act, the government and control of the Institute shall be vested in the Council. (2) Without prejudice to the generality of subsection (1), the Council shall have powers- (a) to administer the property of the Institute, both movable and immovable; (b) to administer the funds and other assets of the Institute; Establishment of Council Act No. 11 of 2023 s. 35 Power and duties of Council mmovable; (b) to administer the funds and other assets of the Institute; Establishment of Council Act No. 11 of 2023 s. 35 Power and duties of Council ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.676 THE INSTITUTE OF JUDICIAL ADMINISTRATION LUSHOTO ACT [CAP. 405 R.E. 2023] (c) to signify the acts of the Institute by using the official seal; (d) on behalf of the Institute, to receive gifts, donations, grants or other moneys and to make disbursements to other persons or bodies; (e) to appoint such offices of the Institute as it may deem necessary; (f) to receive and to implement Government directives and proposals for the Institute; (g) to provide for the welfare of the students and the staff of the Institute; (h) to formulate policies of the Institute; (i) to set fees of the Institute; (j) to establish departments within the Institute for the organisation and administration of its functions; (k) to establish boards and committees as the Council may deem necessary; and (l) to do all acts or things provided for in this Act which may, in the opinion of the Council, be necessary for the proper carrying out of the functions of the Institute. 8. ings provided for in this Act which may, in the opinion of the Council, be necessary for the proper carrying out of the functions of the Institute. 8. Notwithstanding subsection (2) of section 7, the Chief Justice may give to the Council directions of a general or specific character which directions shall be consistent with the purposes and provisions of this Act as to the performance by the Council of any of its functions under this Act, and the Council shall give effect to the direction given by the Chief Justice. 9.–(1) Subject to section 23 the Council may make rules- (a) prescribing enrolment fees and other charges; and (b) prescribing the terms and conditions of service, including the appointment, dismissal, salaries and retirement benefits of the members of the staff of the Institute. Powers of Chief Justice Act No. 11 of 2023 s. 36 Rules Act No. 11 of 2023 s. 37 and retirement benefits of the members of the staff of the Institute. Powers of Chief Justice Act No. 11 of 2023 s. 36 Rules Act No. 11 of 2023 s. 37 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.677 THE INSTITUTE OF JUDICIAL ADMINISTRATION LUSHOTO ACT [CAP. 405 R.E. 2023] (2) The Council may, after consultation with other institutions concerned with legal training, make rules relating to the academic management of the Institute and in particular to- (a) the qualifications necessary for entry to the Institute, the type of awards to be offered, the duration and number of academic terms; (b) the grant of scholarship and studentship and the revocation of any such grant. (3) The Council may make rules regulating discipline among the members of the staff of the Institute and the students. (4) It shall not be necessary for the Council to publish in the Gazette any rules made under this section. (5) Where any rules made under this section is not published in the Gazette, the Council shall in such manner as it may determine, bring or cause the rules to be brought to the notice of any person who is likely to be affected by the rules. hall in such manner as it may determine, bring or cause the rules to be brought to the notice of any person who is likely to be affected by the rules. 10.–(1) The President shall, after consultation with the Chief Justice and upon recommendation of the Council, appoint a person who is qualified to be Principal of the Institute. (2) The Principal appointed under subsection (1) shall hold office upon such terms and conditions as may be specified in relation to his office. (3) The Principal shall- (a) be the Chief Accounting and Executive Officer of the Institute and shall be responsible to the Council for overall coordination of the Institute; (b) exercise such functions of the Institute as the Council may delegate to him to enable him to transact all the day to day business of the Institute; (c) subject to any directions or restrictions given on imposed by the Council, have the power to exercise supervision and control over acts and proceedings of all employees of the Institute and to decide upon dispose Appointment of Principal er to exercise supervision and control over acts and proceedings of all employees of the Institute and to decide upon dispose Appointment of Principal ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.678 THE INSTITUTE OF JUDICIAL ADMINISTRATION LUSHOTO ACT [CAP. 405 R.E. 2023] of questions relating to the terms and conditions of service of the employers of the Institute, having due regard to the Scheme of Service. (d) develop policies programmes and operations relating to the upkeep, maintenance and development of the Institute’s assets and facilities, and academic development (e) supervise the management of the Institute’s finances including budgeting, and control of expenditure; (f) promote staff and students welfare, good relations between the Institute and the Government, the community including other Institutions and bodies within and outside the country; (g) undertake and promote other activities of interest to the Institute as lawful authority may direct; and (h) be Secretary to the Council. country; (g) undertake and promote other activities of interest to the Institute as lawful authority may direct; and (h) be Secretary to the Council. (4) In the exercise of the powers vested in him under this section, the Principal shall comply with the direction of policy of a general or specific nature given to him by the Council and shall not without the prior approval of the Council depart or permit departure from the approved estimates of expenditure or the approved establishment of the Institute or the normal procedure in dealing with any particular matter. 11.–(1) The Council shall, after determining which directorates should be established, appoint a Director to head each directorate. (2) The functions of directors appointed under subsection (1) shall be prescribed in the regulations. 12. The Council may, appoint on such terms and conditions such academic and administrative staff of the Institute as it may consider necessary for the proper carrying out of the functions of the Institute. Directors of Institute Appointment of employees Institute as it may consider necessary for the proper carrying out of the functions of the Institute. Directors of Institute Appointment of employees ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.679 THE INSTITUTE OF JUDICIAL ADMINISTRATION LUSHOTO ACT [CAP. 405 R.E. 2023] PART IV ADMISSION, EXAMINATIONS AND EXAMINATION COMMITTEE 13.–(1) A person may, subject to such terms and conditions as the Council may impose be admitted to the Institute. (2) A student who is a non-Tanzanian shall pay the fee in convertible foreign currency, sufficient to meet the actual costs of that student at the Institute. 14.–(1) All examinations shall be conducted by the Academic Planning and Examination Committee of the Council. costs of that student at the Institute. 14.–(1) All examinations shall be conducted by the Academic Planning and Examination Committee of the Council. (2) The Academic Planning and Examination Committee shall- (a) satisfy itself with regard to the content and academic standard of the relevant course of study offered by the Institute in respect of any professional certificate; (b) advise the Council on the Standards of proficiency to be obtained in each examination for a relevant certificate; (c) decide whether any candidate for the relevant certificate or other award has attained the standards of proficiency required; and (d) make proposals to the Council on matters relating to the academic and professional activities of the Institute. PART V FINANCIAL PROVISIONS 15. The funds and resources of the Institute shall consist of- (a) such sums as may be appropriated by Parliament for the purposes of the Institute; (b) such sums as the Council may borrow for the purposes of the Institute; and (c) such sums as may be in any manner become payable to or vested in the Institute as a result or in the course of discharging its functions under this Act. Admission and fees Examination Committee Act No. 11 of 2023 s. 38 Funds of Institute ult or in the course of discharging its functions under this Act. Admission and fees Examination Committee Act No. 11 of 2023 s. 38 Funds of Institute ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.680 THE INSTITUTE OF JUDICIAL ADMINISTRATION LUSHOTO ACT [CAP. 405 R.E. 2023] 16.–(1) In this Act “financial year” means any period not exceeding twelve consecutive months designated in that behalf by the Council. (2) At least two months before the commencement of any financial year the Principal shall prepare or cause to be prepared for the consideration of the Council estimates of the revenue and expenditure of the Institute for the ensuing financial year. (3) The Council shall, after receiving the estimates report under subsection (1), consider and adopt the estimates subject to such modifications and amendments as the Council may consider appropriate. es report under subsection (1), consider and adopt the estimates subject to such modifications and amendments as the Council may consider appropriate. (4) The annual budget estimates shall contain provisions for all the estimated expenditure during the ensuing financial year and in particular- (a) for the payment of salaries, allowances and other charges in respect of the staff, the Council and the Committees; (b) for the payment of construction improvement, maintenance and replacement of any building or other immovable property of the Institute; (c) for the proper maintenance and replacement of the furniture, equipment and other supplies of the Institute; and (d) for the creation of such reserve funds to meet future contingent liabilities as the Council may think fit. (5) Expenditure shall not be incurred for the purposes of the Institute except in accordance with the provisions of the annual budget estimates or any supplementary estimates adopted by the Council. (6) A copy of the annual estimates and of every supplementary estimate if any shall, immediately after the Council’s adoption be forwarded to the Minister. (7) The Minister shall, upon receipt of the annual budget or any supplementary budget, approve or disapprove the same or may approve subject to such amendments as he may deem fit. Annual budget estimates dget or any supplementary budget, approve or disapprove the same or may approve subject to such amendments as he may deem fit. Annual budget estimates ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.681 THE INSTITUTE OF JUDICIAL ADMINISTRATION LUSHOTO ACT [CAP. 405 R.E. 2023] (8) Where the Minister has approved any annual budget or any supplementary budget, such budget shall be binding on the Council which subject to subsection (9) shall confine the disbursement within the items and the amounts contained in the budget or supplementary budget as approved by the Minister. (9) The Council may- (a) make disbursement with the sanction in writing of the Minister notwithstanding that such disbursement is not provided for in any budget; (b) transfer a sum from the amount of expenditure provided for in any budget in respect of any item, to any other item contained in such budget; or (c) adjust expenditure limits to take account of circumstances not reasonably foreseeable at the time the budget was prepared, subject to submitting a supplementary budget to the Minister within two months of such alteration of expenditure. 17. The Council shall, with the approval of the Minister, have power to invest the funds of the Institute. o months of such alteration of expenditure. 17. The Council shall, with the approval of the Minister, have power to invest the funds of the Institute. 18.–(1) The Council shall cause to be provided and kept proper books of accounts and records with respect to the receipt and expenditure of money by and other financial transactions of the Institute, and shall cause to be made for every financial year a balance sheet showing the details of the income and expenditure of the Institute and all its assets and liabilities. (2) Within three months after the close of each financial year the accounts including the balance sheet of the Institute in respect of that financial year shall be submitted to and audited by the Controller and Auditor-General. (3) Every such audited balance sheet shall be placed before a meeting of the Council and, if adopted by the Council shall be endorsed with a certificate that it has been so adopted. Investment of Institute Accounts and audit he Council and, if adopted by the Council shall be endorsed with a certificate that it has been so adopted. Investment of Institute Accounts and audit ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.682 THE INSTITUTE OF JUDICIAL ADMINISTRATION LUSHOTO ACT [CAP. 405 R.E. 2023] (4) As soon as the accounts of the Institute have been audited and in any case not later than six months after the close of the financial year, the Council shall submit to the Minister a copy of the audited statement of the accounts together with a copy of the report made by the auditor on the statements of accounts. 19. The Minister shall, as soon as practicable after receiving the report, lay before the National Assembly a report containing- (a) a copy of the audited accounts of the Institute; (b) a copy of the audit report, if any; and (c) a copy of the report regarding the activities of the Institute in the preceding financial year. PART VI MISCELLANEOUS PROVISIONS 20.–(1) Subject to the provisions of subsection (2) of this section, members of the Council shall be entitled to and be paid such remuneration, fees, allowances or expenses as the Minister may, upon the recommendations of the Council prescribe. all be entitled to and be paid such remuneration, fees, allowances or expenses as the Minister may, upon the recommendations of the Council prescribe. (2) The members of the Council shall be paid such other remuneration, fees, allowances or expenses as the Minister may upon advice by the Council approve. 21.–(1) Subject to the provisions of subsection (6) of this section, the Council may, by writing under the official seal of the Institute and subject to such terms, conditions and restrictions as it may specify, delegate to any committee of the Council all or any of the functions, powers or duties conferred or imposed by this Act on the Council. (2) Where any delegation is so made the delegated function, power or duty may be performed or exercised by the person so delegated. Financial report to be laid before National Assembly Remuneration and fees Delegation of powers by Council ed or exercised by the person so delegated. Financial report to be laid before National Assembly Remuneration and fees Delegation of powers by Council ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.683 THE INSTITUTE OF JUDICIAL ADMINISTRATION LUSHOTO ACT [CAP. 405 R.E. 2023] (3) The delegation made under subsection (1) shall be made by office and not by name and in every case where delegation is so made, each successive holder of the office in question and any person who occupies or performs the duty of that office shall, without any further authority, perform or exercise the delegated functions power or duty in accordance with the delegation made by the Council. (4) The Council may revoke a delegation made by it under this section. (5) Delegation made under this section shall not prevent the Council from performing or exercising the power, function or duty so delegated (6) A delegation made under this section shall be published in the Gazette and upon its being so published, shall be judicially noticed and shall be presumed to be in force unless the contrary is proved. lished in the Gazette and upon its being so published, shall be judicially noticed and shall be presumed to be in force unless the contrary is proved. (7) The Council shall not have power under this section to delegate- (a) its power of delegation or (b) the power to consider the annual budget or any supplementary budget, the annual balance sheet or any statement of accounts. 22. Matter or thing done by any member of the Council or officer of the Institute shall not, where done bona fide in the execution of the functions conferred upon such member or officer by this Act or by regulations made under this Act, render such member or officer personally liable for such matter or thing. 23.–(1) The Council may, with the approval of the Minister, make regulations prescribing terms and conditions of services, appointments, salary and retirement benefits of the members of the Institute. Protection of members Regulations and rules Act No. 11 of 2023 s. 39 es, appointments, salary and retirement benefits of the members of the Institute. Protection of members Regulations and rules Act No. 11 of 2023 s. 39 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.684 THE INSTITUTE OF JUDICIAL ADMINISTRATION LUSHOTO ACT [CAP. 405 R.E. 2023] (2) Without prejudice to regulations made under subsection (1), the Council may make rules- (a) prescribing awards which may be conferred or granted by the Institute; (b) prescribing the conditions which may be satisfied before (c) the grant of particular award; (d) prescribing instruction course to be provided by Institute; (e) regulating the conduct of examinations; (f) fixing fees and other charges for the services rendered by the Institute; (g) providing for and regulating disciplinary proceedings against the staff of the Institute and students; (h) fixing the duration and number of academic terms; and (i) providing for any matter or things which in the opinion of the Council is necessary to provide for the more efficient performance of the functions of Institute. for any matter or things which in the opinion of the Council is necessary to provide for the more efficient performance of the functions of Institute. SCHEDULE (Made under section 6(2)) 1.–(1) The Council shall consist of- (a) The Chairman who shall be appointed by the President from among persons who have held the position of a judge of the Court of Appeal of Tanzania; and (b) Other five members who shall be appointed by the Chief Justice in the following order- (i) A retired judge of the High Court of Tanzania; (ii) A serving judge of the High Court of Tanzania; (iii) A State Attorney not below the rank of Principal State Attorney; (iv) A Chairperson of Students’ Organisation; and (v) A Principal Administrative Officer from the Judicial Service Commission. (2) The Principal shall be the Secretary to the Council. (3) The Chief Justice shall in appointing members under this paragraph ensure that women form at least one third of the total membership of the Council. Constitution of Council Act No. 11 of 2023 s. 40 GN No. 504 of 2017 ensure that women form at least one third of the total membership of the Council. Constitution of Council Act No. 11 of 2023 s. 40 GN No. 504 of 2017 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.685 THE INSTITUTE OF JUDICIAL ADMINISTRATION LUSHOTO ACT [CAP. 405 R.E. 2023] 2.–(1) Subject to the provisions of this Schedule every member of the Council shall hold office for a period of three years from the date of his appointment but may be eligible for re-appointment after the end of that period. (2) Notwithstanding subparagraph (1) of this paragraph, a member may resign at any time by giving notice in writing to the appointing authority and from the date specified in the notice or, where no date is so specified in the notice from the date of the receipt of the notice by the appointing authority, he shall cease to be a member. (3) A person who is a member by virtue of his holding some other office shall cease to be a member upon his ceasing to hold the office by virtue of which he is a member. 3. member by virtue of his holding some other office shall cease to be a member upon his ceasing to hold the office by virtue of which he is a member. 3. Where any member of the Council absents himself from three consecutive meetings of the Council without reasonable excuse, the Council shall advise the appointing authority who may terminate the appointment of such a member and appoint a new member in his place. 4. Where any member of the Council ceases to be such a member by resignation or death or is unable to perform his functions as such member by reason of his absence from the United Republic or by reason of any infirmity of body or mind or where the appointing authority terminates his appointment under paragraph 3, the appointing authority may appoint another member in his place and the member so appointed shall, subject to the provisions of this Schedule, hold office for the reminder of the term of his predecessor. 5. Where any member of the Council other than Chairperson is by reason of illness, infirmity or absence from the United Republic or is unable to attend any meeting of the Council, the appointing authority may appoint a temporary member in his place and such temporary member shall cease to hold office on the resumption of office of the substantive member. 6. appoint a temporary member in his place and such temporary member shall cease to hold office on the resumption of office of the substantive member. 6. The Council shall elect one of its members to be a Vice Chairperson and who shall, subject to his continuing to be a member hold office of Vice Chairperson for a term to be fixed by the Council and shall be eligible for re-election after the end of that period. 7.–(1) The Chairperson shall preside at all meetings of the Council. (2) Where at any meeting of the Council the Chairperson is absent the Vice Chairperson shall preside. (3) In the absence of both the Chairperson and Vice Chairperson at any meeting of the Council the members present may from amongst their number elect a temporary Chairperson who shall preside at that meeting. Tenure of office Termination of appointment Where member ceases to be member Temporary member Vice Chairperson Power of Chairperson and Vice Chairperson nure of office Termination of appointment Where member ceases to be member Temporary member Vice Chairperson Power of Chairperson and Vice Chairperson ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.686 THE INSTITUTE OF JUDICIAL ADMINISTRATION LUSHOTO ACT [CAP. 405 R.E. 2023] (4) The Chairperson, Vice Chairperson or temporary chairperson presiding at any meeting of the Council shall have a vote and in the event of an equality of votes, shall have a casting vote in addition to his deliberative vote. 8.–(1) Subject to any general or specific direction of the Chairperson, the Council shall meet not less than four times during every financial year and at such additional times as may be fixed by the Chairperson or if he is absent from the United Republic or unable for any reason to act, the Vice Chairperson. (2) The Secretary to the Council shall give to each member of the Council fourteen days notice of the time and place of every meeting of the Council. 9. One half of the total number of members shall form a quorum for a meeting of the Council but certain decisions may require a high number of members. 10. e half of the total number of members shall form a quorum for a meeting of the Council but certain decisions may require a high number of members. 10. Subject to the provisions relating to a casting vote, all questions at the meeting of the Council shall be determined by the majority of the votes of the members present; and if any member refuses or fails to vote on any question, he shall be deemed to have cast a negative vote. 11.–(1) Notwithstanding the provisions of this Schedule, decisions may be made by the Council without a meeting by circulation of the relevant papers among the members and the expression of the views of the majority thereof in writing. (2) Any member of the Council shall be entitled to require that any decision made under subparagraph (1) be deferred and the subject matter be considered at a meeting of the Council. 12.–(1) The seal of the Institute shall be of such shape, size and form as the Council may determine. (2) The seal shall be authorised by the signature of the Principal or any other officer of the Institute authorised by the Principal in that behalf. 13. ) The seal shall be authorised by the signature of the Principal or any other officer of the Institute authorised by the Principal in that behalf. 13. All documents to which the Institute is a party other than documents required by law to be under seal and all decisions of the Council, may be signified under the hand of the Principal or other officer of the Institute authorised by the Principal in that behalf. 14.–(1) Minutes in proper form of each meeting of the Council shall be kept and shall be confirmed by the Council at the next meeting and signed by the Chairperson of the meeting. (2) The Council shall cause minutes of all proceedings of meetings of the Council to be entered in a book kept for that purpose. Meeting and procedure of Council Quorum Decision by vote Decision by circulation of papers Seal of Institute Execution of document Records of proceedings of Council ocedure of Council Quorum Decision by vote Decision by circulation of papers Seal of Institute Execution of document Records of proceedings of Council ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.687 THE INSTITUTE OF JUDICIAL ADMINISTRATION LUSHOTO ACT [CAP. 405 R.E. 2023] 15. An act or proceeding of the Council shall not be invalid by reason of the number of members not being complete at the time of such act or proceedings or of any defect in the appointment of any member or the fact that any member was at the time disqualified or disentitled to act as such. 16. Subject to the provisions of this Schedule the Council may regulate its proceedings. Proceedings not to be invalidated by irregularity Council to regulate its proceedings ©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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