The National Arts Council Act

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CHAPTER 204
THE NATIONAL ARTS COUNCIL ACT
[PRINCIPAL LEGISLATION]
Arrangement of Sections
Section Title
1. Short title.
2. Interpretation.
3. Establishment of Council.
4. Functions of Council.
5. Registration of artistic works.
6. Secretary to Council.
7. Appointment of other staff.
8. Funds of Council.
9. Investment.
10. Accounts and audit.
11. Annual statement on accounts and report to be submitted to Minister.
12. Annual statement and report to be laid before National Assembly.
13. Execution of documents.
14. Remuneration of members of Council.
15. Delegation of powers by Council.
16. Regulations.
17. Appeals to Minister.
18. Repeal.
19. Transfer of assets and liabilities.
20. Employees of former Council.
SCHEDULE

rs by Council.
16. Regulations.
17. Appeals to Minister.
18. Repeal.
19. Transfer of assets and liabilities.
20. Employees of former Council.
SCHEDULE

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1. This Act may be cited as the National Arts Council Act. 2. In this Act, unless the context requires otherwise-
“art” means any work through which a person uses skills to
express ideas in making, showing or performing artistic
works;
“artist” means a person engaged in or undertaking artistic
works;
“artistic work” means a work, irrespective of its artistic
quality, of any of the following descriptions-
(a) art and crafts, which include-
(i) paintings, drawings, graphic designs, etchings,
lithographs, woodcuts, engravings, computer
aided animations and prints;
(ii) maps, plans, illustration and diagrams;
(iii) works of sculpture;
(iv) photographs not comprised in a cinematograph
film;
(v) works of architecture in the form of buildings or
models;
(vi) works of artistic craftsmanship, and also includes
pictorial woven tissues and articles of applied
handicraft and industrial art;
Short title
Interpretation
Act No. 12 of 2019 s.

hip, and also includes
pictorial woven tissues and articles of applied
handicraft and industrial art;
Short title
Interpretation
Act No. 12 of 2019 s.

17
CHAPTER 204
THE NATIONAL ARTS COUNCIL ACT
An Act to reconstitute the National Arts Council by amalgamation of the
National Arts Council and the National Music Council and to provide
for related matters. [31st March, 1984]
[Act No. 11 of 1988]
[s. 4]
Acts Nos. 23 of 1984
12 of 2019

ncil and the National Music Council and to provide
for related matters. [31st March, 1984]
[Act No. 11 of 1988]
[s. 4]
Acts Nos. 23 of 1984
12 of 2019

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THE NATIONAL ARTS COUNCIL ACT [CAP. 204 R.E.

All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.191
THE NATIONAL ARTS COUNCIL ACT [CAP. 204 R.E.

2023]
(vii) modeling, pageantries, fashion designs and such
related works;
(b) music which may be vocal, instrumental, recorded or
written composition and which includes jazz bands,
taarab music, choir, orchestral brass music, folk music,
musical repertoire, dancing, opera or playwriting;
(c) theatre and drama, which consists of stage craft
and design, costume design, playwriting, music
composition, make up ornamentations and accessories,
dance and choreography, audiovisual effects, circus,
mime and acrobatic performances;
“Council” means the National Arts Council established by
section 3;
“financial year of the Council” means a year commencing
on the first day of July and ending on the next following
thirtieth day of June;
“infrastructure” includes theatre halls, open or closed
premises used for demonstration of artistic works save
for cinematograph;
“member” in relation to the Council, means a member of
the Council and includes the Chairman and the Vice-
Chairman;
“Minister” means the Minister responsible for matters
relating to national culture; and
“Secretary” means Secretary of the Council, appointed
under section 6.

r” means the Minister responsible for matters
relating to national culture; and
“Secretary” means Secretary of the Council, appointed
under section 6.

3.–(1) There is established a body to be known as the National
Arts Council which 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; and
(c) be capable of holding, purchasing and otherwise
acquiring, and disposing of any property, movable or
immovable for purposes of carrying out the functions
conferred on the Council by this Act. Establishment of
Council
Act No. 12 of 2019 s. 18

ovable or
immovable for purposes of carrying out the functions
conferred on the Council by this Act. Establishment of
Council
Act No. 12 of 2019 s. 18

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THE NATIONAL ARTS COUNCIL ACT [CAP. 204 R.E. 2023]
(2) The provisions of the Schedule to this Act shall have
effect as to the constitution and proceedings of, and in relation
to, the Council. (3) Except in the case of matters relating to the office and
appointment of the Chairman and the Secretary of the Council,
the Minister may, by order published in the Gazette, amend, add
to, vary or replace any of the provisions of the Schedule to this Act. (4) The Council may, in consultation with other relevant
authorities, appoint committees at regional and district levels. (5) The Council may make rules for the operations and
governance of such committees as it deems fit.

point committees at regional and district levels. (5) The Council may make rules for the operations and
governance of such committees as it deems fit.

4.–(1) The functions of the Council shall be-
(a) to assume responsibility for the revival and to promote
the development and production of artistic works
including the production and use of indigenous
and additional musical instruments, songs, poetry
and traditional dancing with a view to reviving and
promoting Tanzania culture;
(b) to carry out research in the development and
production of artistic works and marketing of such
works, including the standard and quantity of artistic
works produced in Tanzania;
(c) to provide advisory services and technical assistance
necessary for or incidental to the proper development
of enterprises for the production of artistic works to
parastatal organisations and other persons engaged in
such enterprises;
(d) to plan, monitor, regulate, assess and co-ordinate the
activities of persons engaged in the production of
artistic works in Tanzania;
(e) to advise the Government on all matters relating to
policies, legislation, marketing, development and
production of artistic works in Tanzania;
(f) to provide and promote training facilities for persons
engaged in or employed or to be employed in enterprises
for the production of artistic works;
Functions of
Council
Act No.

ning facilities for persons
engaged in or employed or to be employed in enterprises
for the production of artistic works;
Functions of
Council
Act No.

12 of 2019 s. 19

12 of 2019 s. 19

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THE NATIONAL ARTS COUNCIL ACT [CAP. 204 R.E.

All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.193
THE NATIONAL ARTS COUNCIL ACT [CAP. 204 R.E.

2023]
(g) to undertake or assist any institution or person in the
undertaking of production, importation, exportation
and sale of artistic works for any matter appertaining
to artistic works;
(h) to stimulate the development of artistic works by
preparing and arranging exhibitions, displays,
performances, workshops, seminars and competitions
between different artists;
(i) to provide by-laws published in the Gazette and in
such manner as the Council may approve, a system of
registration of artists, artistic ensembles, associations
or organisations, infrastructure used for artistic
entertainment and performance, vendors and all
persons engaged or otherwise uses for gain the works
of art;
(j) to make, publish and disseminate information
and guidelines relating to the revival, promotion,
development, production and marketing of artistic
works;
(k) to establish, compile and maintain databases including
database of persons, organisations, institutions,
equipment and facilities connected with the works of
arts;
(l) to promote adherence with Tanzania’s cultural, moral
and ethical values among artists and other persons
involved in the production, performance, distribution
or exhibition of artistic works within the purpose of
this Act;
(m) to promote formation of associations or organisations
with a view to encourage growth of smaller groups of
persons engaging in artistic works in Tanzania;
(n) to assist any artist or group of persons who are citizens
of Tanzania in obtaining relevant training or study tour
on arts or artistic skills within or outside Tanzania;
(o) to raise, maintain or otherwise administer funds from
such sources and by such means as the Minister may

tistic skills within or outside Tanzania;
(o) to raise, maintain or otherwise administer funds from
such sources and by such means as the Minister may

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THE NATIONAL ARTS COUNCIL ACT [CAP. 204 R.E. 2023]
approve to enable the Council to carry out its functions
and empowering the artists in carrying out their artistic
activities;
(p) to exercise disciplinary powers over persons or group
of persons, organisations, associations or owners
of infrastructures engaged in artistic works who
contravene the provisions of this Act; and
(q) to perform such other functions as may be assigned by
the Minister or prescribed to it under the provisions of
this Act and other written laws.

nd
(q) to perform such other functions as may be assigned by
the Minister or prescribed to it under the provisions of
this Act and other written laws.

(2) The Council shall have the power in its capacity as a
body corporate, for the purpose of carrying out its functions
to rate, inspect, seize, suspend or destroy any work of art being
produced, displayed or kept in contravention of the Act and
other relevant laws or do all such acts as appear to it to be
requisite, advantageous or convenient for or in connection with
the carrying out of its functions or incidental or conducive to
their proper discharge and may carry on any activity in that
behalf either alone or in association with any other person or
body whether within or outside the United Republic. (3) The Minister may give the Council directions of a
general or a specific character and the Council shall give effect
to every such direction. 5.–(1) The Minister may make specific regulations prescribing
the manner of registration of artistic works, artists, artistic
ensembles, associations, organisations, infrastructures as well
as grounds for the refusal of registration, exemption from
registration and cancellation of registration.

ions, organisations, infrastructures as well
as grounds for the refusal of registration, exemption from
registration and cancellation of registration.

(2) An artist, artistic ensembles, associations, organisations
or owners of infrastructures who engages in any artistic
activity without being registered by the Council commits a
disciplinary offence and upon determination by a competent
disciplinary organ formed under this Act shall be liable to a
fine not exceeding one million shillings or any other penalty as
prescribed in the respective rules made under this Act. [s. 4A]
Registration of
artistic works
Act No. 12 of 2019 s. 20

llings or any other penalty as
prescribed in the respective rules made under this Act. [s. 4A]
Registration of
artistic works
Act No. 12 of 2019 s. 20

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THE NATIONAL ARTS COUNCIL ACT [CAP. 204 R.E. 2023]
6.–(1) There shall be a Secretary of the Council who shall be
appointed by the President. (2) The Secretary shall be the Chief Executive Officer of the
Council and shall carry out all the day to day activities of the
Council. (3) In the exercise of the powers vested in him by this section
or delegated to him by the Council, the Secretary shall comply
with any direction or policy given to him by the Minister or
the Council. [s. 5]
7. The Council may appoint on such terms and conditions such
number of officers and servants for carrying out its functions
under this Act. [s. 6]
8.

7. The Council may appoint on such terms and conditions such
number of officers and servants for carrying out its functions
under this Act. [s. 6]
8.

The funds and resources of the Council shall consist of-
(a) such sums as may be provided by Parliament;
(b) any loan granted to the Council by the Government or
any other person with the approval of the Minister;
(c) any sums or property which may in any manner become
payable to or vested in the Council in respect of any
matter incidental to the carrying out of its functions;
and
(d) any sums or property which may be donated to the
Council:
Provided that, the Council shall not be obliged to accept a
donation for a particular purpose unless it approves the terms
and conditions attached to the donation. [s. 7]
9. With the prior approval of the Minister, the Council may
invest any part of its funds as are not for the time being required
for the purposes of its business in any investment authorised
by the Trustee Investment Act, for the investment of any trust
fund. [s. 8]
Secretary to
Council
Appointment of
other staff
Funds of Council
Investment
Cap. 53

ustee Investment Act, for the investment of any trust
fund. [s. 8]
Secretary to
Council
Appointment of
other staff
Funds of Council
Investment
Cap. 53

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THE NATIONAL ARTS COUNCIL ACT [CAP. 204 R.E. 2023]
10.–(1) The Council shall cause to be provided and kept proper
books of accounts and records with respect to-
(a) the receipt and expenditure of moneys by, and other
financial transactions of the Council;
(b) the assets and liabilities of the Council, and shall
cause to be made out for every financial year a balance
sheet and a statement showing details of the income
and expenditure of the Council and all its assets and
liabilities. (2) Not later than six months after the close of every financial
year the accounts including the balance sheet of the Council in
respect of that financial year shall be audited by the Controller
and Auditor-General. (3) Every audited balance sheet shall be placed before a
meeting of the Council and, if adopted by the Council, shall be
endorsed with the certificate that it has been adopted. [s. 9]
11.

be placed before a
meeting of the Council and, if adopted by the Council, shall be
endorsed with the certificate that it has been adopted. [s. 9]
11.

The Council shall, within six months after the close of the
financial year, cause to be prepared and submitted to the Minister
a report dealing generally with the activities and operations of
the Council during that year and accompanied by-
(a) a copy of the audited accounts of the Council;
(b) a copy of the auditors report on the accounts; and
(c) such other information as the Minister may direct. [s. 10]
12. The Minister shall, as soon as practicable and in any case
not later than eight months after the close of a financial year or
such longer period as the National Assembly may, by resolution
approved in that behalf, lay before the National Assembly the
following documents in relation to that financial year-
(a) a copy of the audited statement of accounts of the
Council;
(b) a copy of the auditors report, if any; and
(c) a copy of the report by the Council. [s. 11]
Accounts and
audit
Annual statement
on accounts
and report to
be submitted to
Minister
Annual statement
and report to
be laid before
National
Assembly

Accounts and
audit
Annual statement
on accounts
and report to
be submitted to
Minister
Annual statement
and report to
be laid before
National
Assembly

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THE NATIONAL ARTS COUNCIL ACT [CAP. 204 R.E. 2023]
13.–(1) All deeds, instruments, contracts and other documents
shall be deemed to be duly executed by or on behalf of the
Council-
(a) if sealed with the seal of the Council and signed by the
Secretary and the Chairman of the Council; or
(b) if executed in that behalf by one member of the Council
and a member of the staff of the Council both of whom
have been appointed by the Council for that purpose. (2) A deed, instrument, contract or other document
executed in accordance with subsection (1) shall, subject to
any exception that may be taken thereto on any ground other
than that of competence of the party executing the same on
behalf of the Council, bind the Council and its successors and
may be varied or discharged in like manner as that in which it
was executed. [s. 12]
14.

ehalf of the Council, bind the Council and its successors and
may be varied or discharged in like manner as that in which it
was executed. [s. 12]
14.

The members of the Council shall be entitled to such
remuneration, fees or allowances for expenses as the Minister
may, upon recommendation of the Council, prescribe:
Provided that, no remuneration, fees or allowances, except
such allowances for expenses as may be expressly authorised
by the Minister shall be paid to any member of the Council
who is a public officer. [s. 13]
15.–(1) Subject to the provisions of section 7, the Council
may, by writing under the official seal of the Council appoint
committees of the Council and may delegate, subject to such
terms, conditions and restrictions as it may specify, to any
committee of the Council or to any employee of the Council,
all or any of the functions, powers and duties conferred or
imposed by or under this Act on the Council, and where any
delegation is so made the delegated function, power or duty
may be performed or exercised by the delegate subject to the
terms, conditions and restrictions specified by the Council. Execution of
documents
Remuneration
of members of
Council
Delegation
of powers by
Council

terms, conditions and restrictions specified by the Council. Execution of
documents
Remuneration
of members of
Council
Delegation
of powers by
Council

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THE NATIONAL ARTS COUNCIL ACT [CAP. 204 R.E. 2023]
(2) A delegation made under this section shall not prevent
the Council from itself performing or exercising any function,
power or duty delegated. (3) The Council shall not have power under this section to
delegate-
(a) its power of delegation; or
(b) its power to approve the annual budget or any
supplementary budget, the annual balance sheet or any
statement of accounts. [s. 14]
16.

egation; or
(b) its power to approve the annual budget or any
supplementary budget, the annual balance sheet or any
statement of accounts. [s. 14]
16.

The Minister may, for the better carrying out of the
purposes and provisions of this Act, and without prejudice to
the generality of this subsection, may make regulations-
(a) prescribing the conditions and terms upon which any
specified facilities or services or categories of facilities
or services within the stage of the functions of the
Council shall be provided to the public and other
persons;
(b) providing for the proper management, control and
administration of the Council;
(c) to regulate discipline amongst employees of the Council
and disciplinary proceedings against them;
(d) prescribing fees, rates and other charges in connection
with the provision by the Council of any service or
facilities;
(e) providing for a system of registration and issuance
of permits to persons, organisations, associations or
owners of infrustructure used for artistic activities
engaged in or using works of art and infrustructures
for exhibition and or performance of artistic works;
(f) prescribing forms to be used for any purpose under
this Act;
(g) prescribing anything which may be prescribed under
this Act. Regulations
Act No. 12 of 2019 s. 21

forms to be used for any purpose under
this Act;
(g) prescribing anything which may be prescribed under
this Act. Regulations
Act No. 12 of 2019 s. 21

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THE NATIONAL ARTS COUNCIL ACT [CAP. 204 R.E. 2023]
(h) providing for any matter which, in the opinion of
the Council, is necessary to provide for the efficient
performance of the functions of the Council;
(i) providing for proper monitoring, control codes of
conduct and disciplinary systems for artists, composer
of artistic works, group of persons, associations,
organisations and owners of infrastructures. [s. 15]
17.–(1) A person who is aggrieved by the decision of the
Council under this Act may within thirty days of such decision,
appeal to the Minister. (2) On receipt of the appeal, the Minister shall, within thirty
days, consider and determine the appeal. (3) In determining the appeal, the Minister may-
(a) uphold, quash or vary the decision of the Council and
give decision accordingly; and
(b) require the Council to inquire into any specific
information from the appellant and make further
consideration of the application. [s. 15A]
18. [Repeals of the National Acts council Act and the National
Music Council Act]
[s.

lant and make further
consideration of the application. [s. 15A]
18. [Repeals of the National Acts council Act and the National
Music Council Act]
[s.

16]
19.–(1) Notwithstanding the provisions of section 18, all the
assets and liabilities of the National Arts Council established
by the National Arts Council Act, and of the National Music
Council established under the National Music Council Act,
hereinafter referred to as the “former Councils” shall, by virtue
of this section and without further assurance be deemed
to have been vested in the Council as from the date when
this Act comes into operation (hereinafter referred to as the
“effective date”). Appeals to
Minister
Act No. 12 of 2019 s. 22
Repeals
Acts Nos. 6 of 1974 and
7 of 1974
Transfer of assets
and liabilities
Acts Nos. 6 of 1974
7 of 1974

ppeals to
Minister
Act No. 12 of 2019 s. 22
Repeals
Acts Nos. 6 of 1974 and
7 of 1974
Transfer of assets
and liabilities
Acts Nos. 6 of 1974
7 of 1974

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THE NATIONAL ARTS COUNCIL ACT [CAP. 204 R.E. 2023]
(2) Every person who, immediately before the effective
date was managing the affairs and business of the former
Councils shall, upon the enactment of this Act, do all things
that are necessary or desirable for the effectual vesting in
accordance with the provisions of this Act of the assets and
liabilities of former Councils subsisting immediately before
the effective date.

sting in
accordance with the provisions of this Act of the assets and
liabilities of former Councils subsisting immediately before
the effective date.

(3) Where before the enactment of this Act any person who,
immediately before the effective date, was responsible for the
management of the affairs and business of the former Councils
did, or purported to do any lawful act in relation to the assets
and liabilities of any of the Council which if done after the
enactment of this Act would have been necessary or desirable
for the more effectual vesting of the assets and liabilities of
the former Councils in the Council, such lawful act shall be
deemed to have been done under this Act, and its performance
by that person shall not be called into question in any court by
reason only of that act having being done before the enactment
of this Act. [s. 17]
20.–(1) Every person employed by any of the former
Councils before the effective date shall be deemed to have
become employed by the Council as from the effective
date.

on employed by any of the former
Councils before the effective date shall be deemed to have
become employed by the Council as from the effective
date.

(2) Where any person who, pursuant to the provisions of
subsection (1) is deemed to have become an employee of the
Council as from the effective date, the terms and conditions of
service applicable to him in his employment with the Council
shall be not less favourable than those which were applicable
to him before the effective date. [s. 18]
Employees of
former Council

t with the Council
shall be not less favourable than those which were applicable
to him before the effective date. [s. 18]
Employees of
former Council

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THE NATIONAL ARTS COUNCIL ACT [CAP. 204 R.E. 2023]
SCHEDULE
(made under section 3(2))
CONSTITUTIONS AND PROCEEDINGS OF THE COUNCIL
1.–(1) The Council shall consist of-
(a) a Chairman, who shall be appointed by the President and
who shall hold office for period of three years and not
exceeding six years unless it is necessary or desirable to do
so; and
(b) twenty nine other members who shall be appointed by the
Minister. (2) A member of the Council shall, unless his appointment is sooner
terminated by the Minister or he otherwise ceases to be a member, hold
office for such period as the Minister may specify in his appointment or,
if no such period is specified, for a period of three years from the date of
his appointment, and shall be eligible for re-appointment
(3) A member of the Council may at any time resign by giving notice
in writing to the Minister and from the date of receipt of the notice by
the Minister, he shall cease to be a member of the Council.

by giving notice
in writing to the Minister and from the date of receipt of the notice by
the Minister, he shall cease to be a member of the Council.

(4) Where any member of the Council is without the permission of
the Council absent from more than four consecutive meetings of the
Council or without such permission is absent from the United Republic
for a period exceeding one year he shall cease to be a member of the
Council. 2. Where any member of the Council ceases to be a member before
the normal expiration of his term of office, the Minister may, after
consulting the Council appoint another person in his stead to hold
office until such first-named person’s term of office would have expired
had he not ceased to be a member as aforesaid. 3. The Council shall elect from amongst its members a Vice-Chairman
who shall hold office for one year but shall be eligible for re-election. 4.–(1) The Council shall meet at such times as may be necessary or
expedient for the transaction of business. (2) At any meeting of the Council fifteen members shall constitute
a quorum. (3) At any meeting of the Council, the Chairman shall preside or, in
the absence of the Chairman, the Vice-Chairman shall preside or if the
Vice-Chairman is also absent the members present at the meeting shall
elect one of their number to be the Chairman for that meeting.

preside or if the
Vice-Chairman is also absent the members present at the meeting shall
elect one of their number to be the Chairman for that meeting.

(4) In the event of an equality of votes, the Chairman of the meeting
shall have a casting vote in addition to his deliberative vote. Constitution of
Council
Casual vacancies
Vice-Chairman
Quorum and
procedure

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THE NATIONAL ARTS COUNCIL ACT [CAP. 204 R.E. 2023]
5. Minutes in proper form of each meeting of the Council shall be kept
and confirmed by the Council at the next meeting and signed by the
Chairman of that meeting.
6. Subject to the provisions of paragraph 4 relating to quorum, the
Council may act notwithstanding any vacancy in the membership and
no act or proceeding of the Council shall be invalid by reason only
of some defect in the appointment of a person who purports to be a
member of the Council.
Minutes
Vacancies, etc.,
not to invalidate
proceedings