The National Construction Council Act

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.CHAPTER 162
THE NATIONAL CONSTRUCTION COUNCIL ACT
[PRINCIPAL LEGISLATION]
Arrangement of Sections
Section Title
part i
PRELIMINARY PROVISIONS
1. Short title.
2. Interpretation.
part ii
THE NATIONAL CONSTRUCTION COUNCIL
3. Establishment of Council.
4. Functions of Council.
5. General powers of Council.
6. Chief Executive Officer.
7. Staff of Council.
8. Delegation of powers of appointment.
9. Repealed.
10. Boards and other committees.
11. Information on Construction research to be furnished to Council.
12. Council may call for information on research.
13. Minister may give directives.
part iii
FINANCIAL PROVISIONS
14. Funds of Council.
15. Annual estimates.
16. Accounts and audit.
17. Annual Report.
18. Laying of Accounts before National Assembly.

IAL PROVISIONS
14. Funds of Council.
15. Annual estimates.
16. Accounts and audit.
17. Annual Report.
18. Laying of Accounts before National Assembly.

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE NATIONAL CONSTRUCTION COUNCIL ACT [CAP. 162 R.E. 2023]
part iv
GENERAL PROVISIONS
19. Powers to make regulations.
20. Protection from personal liability.
21. Notification of orders.
SCHEDULE

162 R.E. 2023]
part iv
GENERAL PROVISIONS
19. Powers to make regulations.
20. Protection from personal liability.
21. Notification of orders.
SCHEDULE

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PART I
PRELIMINARY PROVISIONS
1. This Act may be cited as the National Construction Council
Act. 2. In this Act, unless the context requires otherwise-
“Chairman” means the Chairman of the Council;
“Chief Executive Officer” means the officer appointed
pursuant to the provisions of section 6(1);
“Council” means the National Construction Council
established under section 3;
“member” in relation to the Council, means a member of
the Council and includes the Chairman; and in relation
to a Committee, means a member of the Committee and
includes the Chairman of the Committee; and
“Minister” means the Minister responsible for works. PART II
THE NATIONAL CONSTRUCTION COUNCIL
3.–(1) There is hereby established a Council to be known as the
National Construction Council. Short title
Interpretation
Act No. 25 of 2007 s. 2
Establishment of
Council
CHAPTER 162
THE NATIONAL CONSTRUCTION COUNCIL ACT
An Act to establish the National Construction Council and to provide for
matters related to the establishment of that Council. [17th August, 1981]
[GN. No.

t to establish the National Construction Council and to provide for
matters related to the establishment of that Council. [17th August, 1981]
[GN. No.

95 of 1981]
Acts Nos. 20 of 1979
25 of 2007
GNs. Nos. 58 of 1981
168 of 1984
639 of 1986
277 of 2008

95 of 1981]
Acts Nos. 20 of 1979
25 of 2007
GNs. Nos. 58 of 1981
168 of 1984
639 of 1986
277 of 2008

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE NATIONAL CONSTRUCTION COUNCIL ACT [CAP. 162 R.E. 2023]
682
(2) The Council 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) subject to this Act, be capable of holding, purchasing or
acquiring in any other way, any movable or immovable
property, and of disposing of any of its property for the
purposes of carrying out the functions conferred on
the Council by this Act. (3) The provisions of the Schedule to this Act shall have effect
in respect of the constitution of the Council, its proceedings
and other matters relating to it. (4) 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.

g to it. (4) 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 functions of the Council shall be to-
(a) promote and provide strategic leadership for
the growth, development and expansion of the
construction industry in Tanzania with emphasis
on the development of the local capacity for socio-
economic development and competitiveness in the
changing global environment;
(b) advice the government on matters relating to the
development of the construction industry and to
formulate proposals and recommendations for their
implementation;
(c) provide advisory services and technical assistance to
construction industry stakeholders on matters related
to the construction industry;
(d) promote and co-ordinate quality training for persons
engaged, or to be engaged in the construction industry;
(e) promote, conduct and co-ordinate research on matters
related to construction industry;
(f) compile and maintain a list of projects and promote
the documentation and dissemination of information
related to the construction industry;
Functions of
Council
Act No. 25 of 2007 s. 3
GN No. 277 of 2008

e documentation and dissemination of information
related to the construction industry;
Functions of
Council
Act No. 25 of 2007 s. 3
GN No. 277 of 2008

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THE NATIONAL CONSTRUCTION COUNCIL ACT [CAP. 162 R.E. 2023]
(g) promote and monitor the development and
implementation of standards, regulations and codes
of practices on matters related to the construction
industry;
(h) promote the use of innovative technologies and
the application of best practice in the construction
industry;
(i) promote and establish forums for enhancing industry-
wide co-ordination, collaboration and discussion on
matters related to the construction industry;
(j) benchmark, monitor and evaluate the performance of
the construction industry;
(k) solicit and manage the fund for training of personnel in
the construction industry;
(l) promote quality management including provision
of technical auditing services in the construction
industry;
(m) promote environmentally sustainable construction
practices including health and safety aspects;
(n) promote the export of goods and services related to the
construction industry; and
(o) facilitate efficient resolution of disputes in the
construction industry.

e export of goods and services related to the
construction industry; and
(o) facilitate efficient resolution of disputes in the
construction industry.

5.–(1) The Council may, for the purpose of carrying out its
functions under this Act, do any acts which appear to it to be
requisite, advantageous or convenient for or in connection
with the carrying out of those functions or to be incidental to
their proper performance and may carry on any activities in
that behalf either alone or in association with any other person
or body of persons. (2) The Council shall be a focal point for sector
co-ordination of the institutions engaged in the construction
industry activities, for the purpose of ensuring consolidation,
harmonization and competitive performance of the industry. General powers
of Council
Act No. 25 of 2007 s. 4

or the purpose of ensuring consolidation,
harmonization and competitive performance of the industry. General powers
of Council
Act No. 25 of 2007 s. 4

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684
6.–(1) There shall be a Chief Executive Officer of the Council
who shall be appointed by the Minister. (2) The provisions of subsection (1) shall not affect
appointment of the sitting Chief Executive Officer. (3) The Chief Executive Officer shall be the Chief Executive
and Administrative Officer of the Council and shall be
responsible for co-ordinating the whole of the work of the
Council. (4) Subject to the provisions of this section, the Chief
Executive Officer shall have other functions which may be
conferred upon him by the Council. (5) Where the Chief Executive Officer is not a member of
the Council, he shall have no power to vote at any meeting of
the Council. 7. The Council may appoint on terms and conditions as it
may determine, a number of officers of the Council as it may
consider necessary for the performance of its functions. 8.

on terms and conditions as it
may determine, a number of officers of the Council as it may
consider necessary for the performance of its functions. 8.

The Council may, subject to the conditions as it may impose,
delegate to any person or body of persons, the power of
appointment to any office or offices on the staff of the Council. 9. [Repealed by the Act No. 25 of 2007, s. 6]. 10.–(1) Subject to the approval of the Minister, the Council
may, establish boards and committees as it may consider
necessary for the purpose of facilitating the carrying out of the
objectives of the Council. (2) The Council shall prescribe the composition, powers,
duties and procedure of committees and boards and, subject
to the provisions of this Act, may delegate to any Committee
or Board any of its powers or functions other than the power
of approving estimates conferred by section 15. Chief Executive
Officer
Act No. 25 of 2007 s. 5
Staff of Council
Delegation
of powers of
appointment
Repealed
Boards and other
committees

section 15. Chief Executive
Officer
Act No. 25 of 2007 s. 5
Staff of Council
Delegation
of powers of
appointment
Repealed
Boards and other
committees

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.685
THE NATIONAL CONSTRUCTION COUNCIL ACT [CAP. 162 R.E. 2023]
(3) The Council may appoint on any Committee or Board
established under this section any person notwithstanding
that, that person is not a member of the Council but a person
appointed shall have no power to vote:
Provided that, in no case shall the number of members of
any Committee or Board who are not members of the Council
exceed one third of the total number of the members of the
Committee. (4) For the purposes of this section, the Chief Executive
Officer shall be deemed to be a member of the Council. 11.–(1) A person who is-
(a) engaged or intending to engage; or
(b) performing the function of registration of persons
engaged or intending to engage in any activity of the
construction industry in the mainland Tanzania,
shall, at his own expense furnish the Council with information
relating to that activity in a form, manner and within the
period as may be prescribed.

shall, at his own expense furnish the Council with information
relating to that activity in a form, manner and within the
period as may be prescribed.

(2) For the purpose of this Act, the term:
“construction industry” means an act related to the process
by which various resources are transformed into physical
infrastructure through planning, designing, processing,
construction, or production, alternation, repair,
maintenance and demolition and the term “Infrastructure”
shall include buildings, transportation systems, structures
for fluid containment and underground structure or any
other related activity. (3) A person who contravenes the provision of subsection
(1) commits an offence and on conviction shall be liable to a
fine not exceeding one million shillings. (4) Notwithstanding subsection (1), the Council may enter
into arrangements with firms or organisations engaged in
the research or activity relating to the construction industry,
within or outside Tanzania, for the purposes of establishing a
system of exchanging information. Information on
Construction
research to be
furnished to
Council
Act No. 25 of 2007 s. 7
GN No. 277 of 2008

lishing a
system of exchanging information. Information on
Construction
research to be
furnished to
Council
Act No. 25 of 2007 s. 7
GN No. 277 of 2008

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE NATIONAL CONSTRUCTION COUNCIL ACT [CAP. 162 R.E. 2023]
686
12.–(1) The Council may require in writing any person or
body of persons engaged in research or in any activity relating
to the construction industry within Tanzania, to furnish to it
any information relating to that research or activity which the
Council may specify. (2) A person or body of persons required to furnish
information under subsection (1) shall comply with the
requirement and any person or body of persons which refuses
or fails to comply with that requirement, commits an offence
and on conviction shall be liable to a fine not exceeding two
million shillings. 13. The Minister may give to the Council directives of a
general or specific character regarding the performance by the
Council of any of its functions under this Act, and the Council
shall give effect to directives given to it.

haracter regarding the performance by the
Council of any of its functions under this Act, and the Council
shall give effect to directives given to it.

PART III
FINANCIAL PROVISIONS
14.–(1) The funds and resources of the Council shall consist
of-
(a) any sums which may be appropriated by the Parliament
for the purposes of the Council;
(b) any donations, grants, bequeths and loans as the
Council may, receive from any person or organisation;
and
(c) any sums or property which may vest in the Council
under this Act or any other written law or which
may vest in the Council in any other manner in the
performance of its functions. (2) The funds and resources of the Council shall be applied
for the purposes for which the Council is established under
this Act. Council may call
for information
on research
G.N. No. 277 of 2008
Minister may give
directives
Funds of Council

Council is established under
this Act. Council may call
for information
on research
G.N. No. 277 of 2008
Minister may give
directives
Funds 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 NATIONAL CONSTRUCTION COUNCIL ACT [CAP. 162 R.E. 2023]
15.–(1) The Council shall, in respect of each financial year,
cause to be prepared estimates of the expenditure and revenue
of the Council and the estimates shall be approved by the
Council before the commencement of the relevant financial
year. (2) Where in any financial year the Council requires to
make any disbursement not provided for or of any amount in
excess of the amount provided for, in the annual budget for
that year, the Council shall, at a meeting pass a supplementary
budget detailing that disbursement. (3) The annual budget and every supplementary budget
shall be in the form and include the details which the Minister
may direct. (4) Forthwith upon passing any annual budget or any
supplementary budget, the Council shall submit that annual
budget or supplementary budget, as the case may be, to the
Minister for approval.

et or any
supplementary budget, the Council shall submit that annual
budget or supplementary budget, as the case may be, to the
Minister for approval.

(5) The Minister shall, upon receipt of the annual budget
or any supplementary budget, approve or disapprove it or may
approve it subject to such amendment as he may deem fit. (6) Where the Minister has approved any annual budget or
any supplementary budget, the budget or, as the case may be, the
supplementary budget, shall be binding on the Council which,
subject to subsection (7), shall confine the disbursements of
the Council within the items and amounts contained in the
applicable estimates as approved by the Minister. (7) The Council may-
(a) with the sanction in writing of the Minister, make a
disbursement notwithstanding that the disbursement
is not provided for in any budget; and
(b) 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 the alteration of expenditure limits becoming
necessary. Annual estimates

ct to submitting a
supplementary budget to the Minister within two
months of the alteration of expenditure limits becoming
necessary. Annual estimates

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688
16.–(1) The Council shall cause to be provided and kept proper
books of account and records with respect to-
(a) the receipt and expenditure of moneys by and other
financial transactions of the Council; and
(b) the assets and liabilities of the Council,
(2) Subject to subsection (1), the Council shall cause to be
made out for every financial year, a balance sheet showing
details of the income and expenditure of the Council and all
its assets and liabilities. (3) Within six months of the close of every financial year,
the accounts including the balance sheet of the Council in
respect of that financial year shall be submitted for audit by
the Controller and Auditor-General established by the Public
Audit Act. (4) An audited balance sheet shall be placed before a
meeting of the Council which, if it adopts it, shall endorse the
balance sheet with a certificate that it has been so adopted.

hall be placed before a
meeting of the Council which, if it adopts it, shall endorse the
balance sheet with a certificate that it has been so adopted.

(5) As soon as the accounts of the Council 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 accounts together with a copy of
the report, made by the auditors on the statement of accounts. 17. 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 auditor’s report on the accounts; and
(c) any other information as the Minister may direct. 18. The Minister shall, lay before the National Assembly the
audited accounts of the Council together with the auditor’s
report, if any, on the accounts and the annual report of the
Council. Accounts and
audit
Act No. 25 of 2007 s. 8
Cap. 418
Annual Report
Laying of
Accounts
before National
Assembly

ts and the annual report of the
Council. Accounts and
audit
Act No. 25 of 2007 s. 8
Cap. 418
Annual Report
Laying of
Accounts
before National
Assembly

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THE NATIONAL CONSTRUCTION COUNCIL ACT [CAP. 162 R.E. 2023]
PART IV
GENERAL PROVISIONS
19. The Minister may make regulations for better carrying out
of objects and functions of the Council. 20. Without prejudice to the provisions of section 284A of
the Penal Code or to the provisions of the Public Officers
(Recovery of Debts) Act, an act or thing done or omitted to
be done by any member of the Council or by any employee of
the Council, if done or omitted bona fide in the execution or
purported execution of his duties as a member of the Council
or as an employee of the Council, shall not subject him to any
action, liability or demand of any kind. 21.

n of his duties as a member of the Council
or as an employee of the Council, shall not subject him to any
action, liability or demand of any kind. 21.

Where any order, direction or requirement made or given by
the Minister or the Council under this Act is not required to be
published in the Gazette, the order, direction or requirement shall
be brought to the notice of persons affected or likely to be affected
by it in any manner which, in the opinion of the Council will
ensure the order, direction of requirement coming to the notice of
persons affected or likely to be affected by it:
Provided that, if the order, direction or requirement is
published in the Gazette, all persons shall be deemed to have
had notice of it. SCHEDULE
(Made under section 3(3))
1. The Council shall consist of-
(a) a Chairman, who shall be appointed by the President among
person with sufficient knowledge in the construction industry
and related activities;
(b) seven members representing the public sector appointed by the
Minister one from each of the following:
(i) Ministry responsible for infrastructure development;
(ii) Ministry responsible for local government;
Powers to make
regulations
Act No. 25 of 2007 s. 9
Protection from
personal liability
Cap. 16
Cap. 76
Act No. 25 of 2007 s. 9
Notification of
orders
Act No. 25 of 2007 s.

ations
Act No. 25 of 2007 s. 9
Protection from
personal liability
Cap. 16
Cap. 76
Act No. 25 of 2007 s. 9
Notification of
orders
Act No. 25 of 2007 s.

9
Composition of
Council
Act No. 25 of 2007 s. 10

9
Composition of
Council
Act No. 25 of 2007 s. 10

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690
(iii) Ministry responsible for lands, housing and human
settlement development;
(iv) Ministry responsible for water;
(v) Ministry responsible for finance;
(vi) Ministry responsible for science and technology; and
(vii) an institution of higher learning training persons to be
engaged in construction industry. (c) seven other members representing the private sector appointed
by the Minister from the professionals, categories of groups or
institutions as follows:
(i) two contractors;
(ii) one architect;
(iii) one engineer;
(iv) one quantity surveyor;
(v) one member representing the manufacturers and suppliers
of construction equipment and materials; and
(vi) one member representing the Tanzania Private Sector
Foundation. (d) three other member appointed by the Minister from amongst
person who, in his opinion, have the necessary experience or
qualification to enable them, to make a useful contribution to
the realisation of the objective and to the deliberation of the
Council. 2.

perience or
qualification to enable them, to make a useful contribution to
the realisation of the objective and to the deliberation of the
Council. 2.

The members shall elect one of their number to be the Vice-Chairman
of the Council, and any member elected as Vice-Chairman shall, subject
to his continuing to be a member, hold office for a term of one year from
the date of election, and shall be eligible for re-election. 3.–(1) A member shall, unless his appointment is sooner terminated
by the President or as the case may be, by the Minister, or that person
ceases in any other way to be a member, holding office for the period
specified by the President, in the case of the Chairman, or by the
Minister, in the case of any other member, in the instrument of that
person’s appointment or, if no period is so specified, for a period of
three years from the date of that person’s appointment and shall be
eligible for re-appointment. (2) A member appointed under paragraph 1(a), (c) or (d) may at
any time resign his office by giving notice in writing to the President or,
as the case may be, to the Minister, and from the date specified in the
notice or, if no date is so specified, from the date of the receipt of the
notice by the President or the Minister, he shall cease to be a member. 4.

notice or, if no date is so specified, from the date of the receipt of the
notice by the President or the Minister, he shall cease to be a member. 4.

Where a member of the Council who is a member by virtue of his
holding some other office is unable for any reason to attend any meeting,
he may nominate in writing another person from his organisation to
attend that meeting in his place. Vice-Chairman
Tenure of
appointment
Absent member
to be represented
at meetings

ther person from his organisation to
attend that meeting in his place. Vice-Chairman
Tenure of
appointment
Absent member
to be represented
at meetings

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THE NATIONAL CONSTRUCTION COUNCIL ACT [CAP. 162 R.E. 2023]
5. Where any member ceases to be a member for any reason before
the expiration of his term of office, the appointing authority may
appoint another person in his place and the person so appointed shall
hold office for the remainder of the term of office of his predecessor. 6.–(1) The Chairman shall preside at all meetings of the Council. (2) Where at any meeting of the Council the Chairman is absent, the
Vice-Chairman shall preside. (3) In the absence of both the Chairman and the Vice-Chairman at
any meeting of the Council, the members present may, from amongst
their number elect a temporary Chairman who shall preside at the
meeting. (4) The Chairman, Vice-Chairman or a temporary Chairman
preceding at the 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.

e 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.

7.–(1) The Council shall ordinarily meet for the transaction of its
business not less than twice during every year and at any additional
times which may be fixed by the Chairman or, if he is absent from the
United Republic or unable for any reason to act, the Vice- Chairman. (2) The Chairman or, in his absence from the United Republic,
the Vice-Chairman may, and upon application in writing by at least
five members, shall convene a special meeting of the Council at
any time. (3) The Chief Execute Officer of the Council shall give to each
member adequate notice of the time and place of each meeting. (4) The Council may invite any person who is not a member to
participate in the deliberation at any meeting of the Council, but any
person so invited shall not be entitled to vote. 8. At any meeting of the Council not less than one half of the members
in office shall constitute a quorum. 9.–(1) Subject to the provisions relating to the a casting vote, all
questions at a meeting of the Council shall be determined by a majority
of the votes of the members present.

sions relating to the a casting vote, all
questions at a meeting of the Council shall be determined by a majority
of the votes of the members present.

(2) Notwithstanding subparagraph (1), a decision may be made by
the Council without a meeting by circulation of the relevant papers
among the members, and the expression in writing of the views of the
majority of the members. 10.–(1) The Council 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 Council shall be read and confirmed, or amended
and confirmed, at the next meeting of the Council and signed by the
person presiding at the meeting. Casual vacancies
Power of
Chairman and
Vice-Chairman
Meeting and
procedure of
Council
Quorum
Decisions of
Council
Minutes of
meetings

at the meeting. Casual vacancies
Power of
Chairman and
Vice-Chairman
Meeting and
procedure of
Council
Quorum
Decisions of
Council
Minutes of
meetings

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692
(2) Minutes purporting to be signed by the person presiding at a
meeting of the Council shall, in the absence of proof of error, be deemed
to be a correct record of the meeting whose minutes they purport to be. 11. The validity of any act or proceeding of the Council shall not be
affected by any vacancy among its members or by any defect in the
appointment of any of them. 12. The orders, directives, notices or other documents made or issued
on behalf of the Council shall be signed by-
(a) the Chairman of the Council; or
(b) the Chief Executive Officer or any other officer or officers of
the Council authorised in writing in that behalf by the Chief
Executive Officer. 13. The seal of the Council shall not be affixed to any instrument except
in the presence of the Chairman or the Vice-Chairman or the Chief
Executive Officer or any officer of the Council authorised in writing by
the Chief Executive Officer. 14.

e Chairman or the Vice-Chairman or the Chief
Executive Officer or any officer of the Council authorised in writing by
the Chief Executive Officer. 14.

Subject to the provisions of the Schedule, the Council may regulate
its own proceedings. Vacancies, etc,
not to invalidate
proceedings
Orders, directives
Seal of Council
Act No. 25 of 2007 s. 10
Council may
regulate its own
proceedings