The National Examinations Council of Tanzania Act

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CHAPTER 107
THE NATIONAL EXAMINATIONS
COUNCIL OF TANZANIA ACT
[PRINCIPAL LEGISLATION]
Arrangement of Sections
Section Title
part i
PRELIMINARY PROVISIONS
1. Short title.
2. Interpretation.
part ii
ESTABLISHMENT, OBJECTIVES AND
FUNCTIONS OF THE COUNCIL
3. Establishment of Council.
4. Objects and functions of Council.
5. Powers and duties of Council.
6. Executive Secretary of Council.
7. Staff of Council.
8. Delegation of powers of appointment.
9. Executive Committee of Council.
10. Examinations Committees and other committees.
11. Specific functions of Examinations Committees.
12. Awards of diplomas, certificates, etc..
part iii
FINANCIAL PROVISIONS
13. Funds of Council.
14. Power to invest.
15. Annual estimates.
16. Financial statements and report.
17. Annual statements of account and reports to be laid before National Assembly.
part iv
OFFENCES AND PENALTIES
18. Leaking and malicious destruction of examination paper.

of account and reports to be laid before National Assembly.
part iv
OFFENCES AND PENALTIES
18. Leaking and malicious destruction of examination paper.

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THE NATIONAL EXAMINATIONS COUNCIL OF TANZANIA ACT [CAP. 107 R.E. 2023]
19. Impersonation.
20. Unlawful handling of booklets and possession of unauthorised
materials or content.
21. Prohibition of publication or disclosure of information
to unauthorised person.
22. Presentation of forged certificate or diploma.
23. Aiding or abetting.
24. General penalty.
part v
MISCELLANEOUS PROVISIONS
25. Regulations.
26. Fees and allowances.
27. Minister may give directions.
28. Proceedings of Council or Committee not to be invalid by
reason of irregularity.
29. Protection of members of Council and Committees.
30. Regional Administrative Secretary and Principal Secretary of
Zanzibar to be representatives.
31. Representatives of Council.
32. Regional and Local Government Examinations Committee.
33. Oath of secrecy.
SCHEDULE

anzibar to be representatives.
31. Representatives of Council.
32. Regional and Local Government Examinations Committee.
33. Oath of secrecy.
SCHEDULE

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PART I
PRELIMINARY PROVISIONS
1. This Act may be cited as the National Examinations Council
of Tanzania Act. 2. In this Act, unless the context requires otherwise-
“authorised officer” includes an examination supervisor,
invigilator, and any other person entrusted with the duty
to handle examination material;
“candidate” means a person registered to sit for an
examination conducted by or on behalf of the Council;
“certificate” means a document issued by the Council
and designated as such showing results obtained by a
particular candidate in an examination;
“Chairman” means the Chairman of the Council;
“Committee” means a Committee established under and in
accordance with the provisions of section 10 and includes
the Executive Committee established under section 9;
Short title
Interpretation
Acts Nos. 4 of 1987 Sch. 12 of 2019 s.

ions of section 10 and includes
the Executive Committee established under section 9;
Short title
Interpretation
Acts Nos. 4 of 1987 Sch. 12 of 2019 s.

24
CHAPTER 107
THE NATIONAL EXAMINATIONS
COUNCIL OF TANZANIA ACT
An Act to make provision for the establishment, constitution, control and
administration of the National Examinations Council of Tanzania and
for related matters. [1st December, 1973]
[GN. No. 973 of 1973]
Acts Nos. 21 of 1973
4 of 1987
5 of 1991
2 of 1998
12 of 2019

Council of Tanzania and
for related matters. [1st December, 1973]
[GN. No. 973 of 1973]
Acts Nos. 21 of 1973
4 of 1987
5 of 1991
2 of 1998
12 of 2019

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THE NATIONAL EXAMINATIONS COUNCIL OF TANZANIA ACT [CAP. 107 R.E.

. No part of this book may be reproduced or distributed without permission of OAG.462
THE NATIONAL EXAMINATIONS COUNCIL OF TANZANIA ACT [CAP. 107 R.E.

2023]
“Council” means the National Examinations Council of
Tanzania established under section 3;
“examination” means a formal test of a person’s knowledge
or proficiency in a particular subject matter or skill
conducted under this Act by or on behalf of the Council;
“examination material” whether in print or electronic form,
means-
(a) an examination paper, booklets, stencils, recorded
tapes, chemicals and electronic devices;
(b) notes for the preparation of an examination paper;
(c) instructions for the setting up of equipment and the
preparation of instruments for an examination;
(d) security envelopes and storage bags used for safe
custody of the examination papers; or
(e) any other document or material which is intended
to form part of an examination paper or to enable an
examination paper to be prepared and conducted;
“examination paper” includes a question paper, examination
instructions or the draft or copy of an examination paper
or instructions in respect of an examination which has
not been taken, and includes an electronic form thereof;
“Executive Secretary” means the officer appointed by the
President to be the Executive Secretary of the Council;
“financial year” in relation to the Council includes the
Council’s first accounting period, whether shorter
or longer than a year, and if the Council changes its
accounting period, the period, whether shorter or longer
than a year, employed to give effect to the change;
“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;
“Minister” means the Minister responsible for education.

on
to a Committee means a member of the Committee and
includes the Chairman of the Committee;
“Minister” means the Minister responsible for education.

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THE NATIONAL EXAMINATIONS COUNCIL OF TANZANIA ACT [CAP. 107 R.E. 2023]
PART II
ESTABLISHMENT, OBJECTIVES AND
FUNCTIONS OF THE COUNCIL1
3.–(1) There is established an Examinations Council to be
known as the National Examinations Council of Tanzania. (2) The Council shall be a body corporate and shall-
(a) have perpetual succession and a common seal;
(b) in its corporate name, be capable of suing and being sued;
(c) be capable of purchasing and otherwise acquiring or
disposing of any movable or immovable property; and
(d) subject to the provisions of this Act, have power to
borrow money and to do or perform all acts and things
which a body corporate may lawfully do. (3) The provisions of the Schedule to this Act shall have
effect as to the constitution and the tenure of office of the
members of the Council, termination of their appointment,
the proceedings of the Council and other matters in relation to
the council and its members.

members of the Council, termination of their appointment,
the proceedings of the Council and other matters in relation to
the council and its members.

(4) The President may, by order published in the Gazette,
vary, amend or replace all or any of the provisions of the
Schedule to this Act. 4. The objects and functions of the Council shall be to-
(a) formulate examination policy in accordance with
the principles of education for self-reliance and the
education and training policy;
(b) assume responsibility for examinations within the
United Republic and to make provision for places and
centres of examinations;
(c) receive from other persons or bodies of persons
reports or other material affecting examinations policy
and to consider and review examinations policy as
circumstances may require;
1 Amended by Act No. 12 of 2019 s. 25
Establishment of
Council
Objects and
functions of
Council
Acts Nos. 2 of 1998 Sch. 12 of 2019 s. 26

may require;
1 Amended by Act No. 12 of 2019 s. 25
Establishment of
Council
Objects and
functions of
Council
Acts Nos. 2 of 1998 Sch. 12 of 2019 s. 26

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THE NATIONAL EXAMINATIONS COUNCIL OF TANZANIA ACT [CAP. 107 R.E. 2023]
(d) co-operate with other persons or bodies of persons in
the orderly development of an examinations system in
the United Republic;
(e) conduct examinations for, and to grant diplomas,
certificates and other awards of the Council;
(f) act as the body which shall facilitate, administer and
supervise foreign examinations in Tanzania;
(g) conduct research on issues related to examinations or
assessment; and
(h) organise training courses for or arrange for the
training of setters, moderators, examiners, supervisors,
invigilators and other persons connected with
examinations. 5.–(1) The Council shall have power to do things and to act in
all ways necessary for, or incidental to the purposes for which
it is established.

ons. 5.–(1) The Council shall have power to do things and to act in
all ways necessary for, or incidental to the purposes for which
it is established.

(2) In particular and without prejudice to the generality of
subsection (1), but subject to the provisions of subsection (4),
the Council shall have power to-
(a) administer the properties of the Council both movable
and immovable;
(b) administer the funds and other assets of the Council;
(c) signify the acts of the Council by use of the common
seal;
(d) appoint any officers of the Council whom it may deem
necessary subject to the provisions of this Act;
(e) review regulations relating to examinations;
(f) consider and approve subjects suitable for examination;
(g) appoint panels or boards of examiners;
(h) enter into arrangements, whether reciprocal or otherwise
with other persons or organisations, whether within
or outside the United Republic, for the recognition
of awards granted in respect of examinations falling
within their respective responsibilities;
Powers and duties
of Council
Acts Nos. 4 of 1987 Sch. 2 of 1998 Sch. 12 of 2019 s. 27

f examinations falling
within their respective responsibilities;
Powers and duties
of Council
Acts Nos. 4 of 1987 Sch. 2 of 1998 Sch. 12 of 2019 s. 27

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THE NATIONAL EXAMINATIONS COUNCIL OF TANZANIA ACT [CAP. 107 R.E. 2023]
(i) suspend or nullify examination or any part thereof,
where the Council is satisfied that there have been
irregularities in the course of such examination;
(j) withhold or cancel the results or certificate of a
candidate where the Council is satisfied that he has
been involved in examination irregularities; and
(k) do all other acts and things which may be provided for
in this Act or which may be prescribed. (3) The Council shall conduct within the United Republic
either on its own or in participation with any other person or
organisation any academic, technical and other examinations
which the Council may consider necessary or desirable in the
public interest.

er person or
organisation any academic, technical and other examinations
which the Council may consider necessary or desirable in the
public interest.

(4) This Act shall not be construed as authorising the
Council to do any act or thing in respect of-
(a) examinations conducted by any University, tertiary or
institution of higher learning established in the United
Republic or the grant of degrees, diplomas, certificates
and other awards of the University or such other
institution;
(b) examinations conducted by employers where the
examinations are open only to their own employees or
to candidates who wish to enter their employment. 6.–(1) There shall be an Executive Secretary of the Council
who shall be appointed by the President on the terms
and conditions which the President may determine and
who shall also act as Executive Secretary to the Executive
Committee. (2) Where the Executive Secretary is not a member of the
Council, he shall have no power to vote at any meeting of the
Council. (3) Subject to the provisions of this section, the Executive
Secretary shall have any functions which may be conferred
upon him by the Council. Executive
Secretary of
Council

sions of this section, the Executive
Secretary shall have any functions which may be conferred
upon him by the Council. Executive
Secretary of
Council

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THE NATIONAL EXAMINATIONS COUNCIL OF TANZANIA ACT [CAP. 107 R.E. 2023]
7. The Council may appoint on any terms and conditions which
it may determine, any number of officers of the Council whom
it may consider necessary for the performance of its functions. 8. The Council may, subject to such conditions and restrictions
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.–(1) The Council shall appoint an Executive Committee
comprising of-
(a) the Chairman, who shall be the Chairman of the
Committee; and
(b) not more than four other members of the Council.

cutive Committee
comprising of-
(a) the Chairman, who shall be the Chairman of the
Committee; and
(b) not more than four other members of the Council.

(2) The functions of the Executive Committee shall
be to act as the executive authority of the Council in the
management of its ordinary affairs and to consult and to
report to the Council and for those purposes it may exercise
all the executive powers and functions vested in the Council
by this Act other than the power of approving estimates
conferred by section 15 or any function or power delegated
by the Council to a Committee established under section 10. (3) The provisions of the Schedule to this Act shall apply,
with any modifications which the circumstances may require,
in relation to the tenure of office of the members of the
Executive Committee, the right to terminate their appointment,
appointment of a new member to fill any vacancy and also
in relation to the quorum, proceedings and meetings of the
Committee. 10.–(1) The Council shall establish School Examinations
Committee and Professional Examinations Committee. (2) In addition, the Council may, establish any other
committees which it considers necessary.

ions
Committee and Professional Examinations Committee. (2) In addition, the Council may, establish any other
committees which it considers necessary.

(3) The Council shall prescribe the composition, powers,
duties and procedure of all Committees established by it under
this section and the tenure of office of persons appointed to
Staff of Council
Delegation
of powers of
appointment
Executive
Committee of
Council
Acts Nos. 2 of 1998 Sch. 12 of 2019 s. 28
Examinations
Committees and
other committees
Act No. 2 of 1998 Sch.

pointment
Executive
Committee of
Council
Acts Nos. 2 of 1998 Sch. 12 of 2019 s. 28
Examinations
Committees and
other committees
Act No. 2 of 1998 Sch.

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THE NATIONAL EXAMINATIONS COUNCIL OF TANZANIA ACT [CAP. 107 R.E. 2023]
the committees and subject to the provisions of this Act, may
delegate to any Committee any of its powers or functions other
than the power of approving estimates conferred by section 15. (4) The Council may appoint on any committee established
under this section any person notwithstanding that person is
not a member of the Council:
Provided that, in no case shall the number of members
of any of such committees who are not also members of the
Council exceed two-thirds of the total number of the members
of the committee. (5) For purposes of this section the Executive Secretary
shall be deemed to be a member of the Council. 11.–(1) Without prejudice to the provisions of subsection (3) of
section 10, every Examinations Committee established under
that section shall be responsible to the Council for the control
and regulation of the conduct of examinations in respect of
subjects over which it has general responsibility.

ponsible to the Council for the control
and regulation of the conduct of examinations in respect of
subjects over which it has general responsibility.

(2) Each Examinations Committee shall, in addition to
the general function in relation to examinations in respect of
subjects over which it has general responsibility and to matters
pertaining to it, have the following functions, to-
(a) satisfy itself with regard to the curriculum and standard
of the relevant courses of study or training offered by
the appropriate institution in respect of any diploma,
certificate or other award of the Council and to report
its findings on it to the Council;
(b) make rules with the consent of the Council with regard
to the standards of proficiency to be attained in each
examination for a relevant diploma, certificate or other
award of the Council;
(c) decide whether any candidate for the relevant diploma,
certificate or other award, has attained the standard of
proficiency prescribed in rules made under paragraph
(b) and is otherwise fit for the grant of the diploma,
certificate or other award;
Specific functions
of Examinations
Committees
Act No. 12 of 2019 s. 29

and is otherwise fit for the grant of the diploma,
certificate or other award;
Specific functions
of Examinations
Committees
Act No. 12 of 2019 s. 29

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THE NATIONAL EXAMINATIONS COUNCIL OF TANZANIA ACT [CAP. 107 R.E. 2023]
(d) make proposals to the Council on matters relating to
examinations conducted by the Council; and
(e) investigate all examination irregularities and
malpractices and make recommendations to the
Council. 12. It shall be lawful for the Council to grant diplomas,
certificates and any other awards which may be prescribed, to
persons-
(a) who satisfy the requirements in respect of examinations
conducted or approved by the Council; or
(b) who, in the opinion of the Council, are entitled to
receive any diplomas, certificates or other awards.

s
conducted or approved by the Council; or
(b) who, in the opinion of the Council, are entitled to
receive any diplomas, certificates or other awards.

PART III
FINANCIAL PROVISIONS
13.–(1) The funds and resources of the Council shall consist
of-
(a) any sums which may be provided for the purposes of
the Council by Parliament, either by way of grant or
loan;
(b) any donations, grants, bequests and loans which the
Council may receive from any person or organisation;
(c) any fees or other charges paid to the Council by
candidates for examinations or assessment;
(d) any sums which may in any manner become payable
to or vested in the Council either under the provisions
of this Act or any other written law or incidental to the
carrying out 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. 14. The Council shall have power to invest the funds of the
Council in any investments which are authorised by and
Awards of
diplomas,
certificates, etc. Funds of Council
Act No. 12 of 2019 s. 30
Power to invest

ouncil in any investments which are authorised by and
Awards of
diplomas,
certificates, etc. Funds of Council
Act No. 12 of 2019 s. 30
Power to invest

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THE NATIONAL EXAMINATIONS COUNCIL OF TANZANIA ACT [CAP. 107 R.E. 2023]
subject to any conditions which are prescribed by the Trustee
Investments Act, in relation to investment of funds by a trustee. 15.–(1) The Council shall, in respect of every 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.

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) The annual estimates shall contain provision for all
the estimated expenditure during the relevant year and in
particular for the-
(a) payment of salaries, allowances, passages and other
charges in respect of the members of the staff of the
Council;
(b) payment of allowances, fees and expenses in respect of
the members of the Council and of the committees;
(c) payment of all pensions, gratuities and other charges in
respect of retirement and terminal benefits which are
payable out of the funds of the Council;
(d) construction of the buildings for use by the Council and
for the improvement, maintenance, replacement and
rental of the buildings and other immovable properties
owned or occupied by the Council;
(e) proper maintenance and replacement of the furniture
and equipment of the Council;
(f) creation of any reserve funds to meet future contingent
liabilities which the Council may think fit. (3) Save with the prior written consent of the Minister, no
expenditure shall be incurred for the purposes of the Council
otherwise than in accordance with the provisions of the
annual estimates or of supplementary estimates approved by
the Council.

urposes of the Council
otherwise than in accordance with the provisions of the
annual estimates or of supplementary estimates approved by
the Council.

(4) Copies of every annual estimates and of every
supplementary estimates prepared in accordance with this
section shall be furnished to the Minister. Cap. 53
Annual estimates

l estimates and of every
supplementary estimates prepared in accordance with this
section shall be furnished to the Minister. Cap. 53
Annual estimates

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THE NATIONAL EXAMINATIONS COUNCIL OF TANZANIA ACT [CAP. 107 R.E. 2023]
16.–(1) The Council shall cause to be prepared in respect of
every financial year-
(a) a statement of financial performance during the
financial year;
(b) a statement of the assets and liabilities of the Council
on the last day of that financial year; and
(c) a report upon the progress and work of the Council
during that financial year,
and shall cause such statements and report to be forwarded
to the Minister. (2) Within six months of the expiry of each financial year,
the Council shall cause the statements referred to in paragraphs
(a) and (b) of subsection (1) to be audited by the Controller
and Auditor-General; and copies of the reports of the auditor
shall be furnished to the Minister together with the statements
to which the reports relate. 17.

tor-General; and copies of the reports of the auditor
shall be furnished to the Minister together with the statements
to which the reports relate. 17.

The Minister shall lay before the National Assembly, as
soon as may be practicable, copies of the statements and report
referred to in subsection (1) of section 16 together with copies
of the reports of the auditor referred to in subsection (2) of
that section. PART IV
OFFENCES AND PENALTIES
18.–(1) A person who, having access to examination materials,
shall not intentionally reveal the contents thereof, whether orally,
in writing or electronically to any unauthorised person. (2) A person shall not disclose to any person any examination
question or any information relating to the contents of any
examination paper. (3) A person shall not damage or destroy examination material. (4) A person who, being an authorised officer, shall not
negligently or carelessly discharge the functions set out under
Financial
statements and
report
Act No. 12 of 2019 s. 31
Annual
statements of
account and
reports to be laid
before National
Assembly
Leaking and
malicious
destruction of
examination
paper
Act No. 12 of 2019 s. 32

statements of
account and
reports to be laid
before National
Assembly
Leaking and
malicious
destruction of
examination
paper
Act No. 12 of 2019 s. 32

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THE NATIONAL EXAMINATIONS COUNCIL OF TANZANIA ACT [CAP. 107 R.E. 2023]
this Act so as to occasion leakage or malicious destruction of
examination paper. [s. 17A]
19. A person shall not-
(a) whether as a registered candidate or otherwise, sit for
a particular examination of the Council with intent to
impersonate, offers or attempts to present himself to
take the part of another registered candidate;
(b) being a registered candidate for a particular Councils’
examination, knowingly allows another person to sit
for that examination on his or her behalf; or
(c) falsely use a certificate, testimonial, signature,
photograph or document of another person with intent
to impersonate that other person. [s. 17B]
20.–(1) A person shall not take out from an examination
room, strong room, hall, office or any other identified or
selected place, examination question paper, answer booklet or
unauthorised examination material used or unused, in person
or by the use of an agent.

r
selected place, examination question paper, answer booklet or
unauthorised examination material used or unused, in person
or by the use of an agent.

(2) A person shall not possess a written, recording or any
other form of communication condensed or summarised on
any medium of communication device, including electronic
communication device onto which information in regard
to examinations in progress or to be conducted is written,
recorded or communicated. [s. 17C]
21.–(1) A person shall not, without the consent in writing
given by or on behalf of the Council, publish or disclose to any
person, otherwise than in the course of his duties, the contents
of any document, or information under this Act. Impersonation
Act No. 12 of 2019 s. 32
Unlawful
handling of
booklets and
possession of
unauthorised
materials or
content
Act No. 12 of 2019 s. 32
Prohibition of
publication or
disclosure of
information to
unauthorised
person
Act No. 12 of 2019 s. 32

materials or
content
Act No. 12 of 2019 s. 32
Prohibition of
publication or
disclosure of
information to
unauthorised
person
Act No. 12 of 2019 s. 32

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THE NATIONAL EXAMINATIONS COUNCIL OF TANZANIA ACT [CAP. 107 R.E. 2023]
(2) A person shall not publish or communicate to any person
information which to his knowledge has been published or
disclosed in contravention of subsection (1). [s. 17D]
22. A person shall not present a forged certificate or diploma
to a prospective employer or to any learning institution with
intent to gain employment or admission. [s. 17E]
23. A person who aids or abets commission of any offence
under this Act commits an offence. [s. 17F]
24.–(1) A person who contravenes or fails to comply with
any provisions under this Part, commits an offence and on
conviction shall be liable to a fine of not less than ten million
shillings or to imprisonment for a term of not less than three
years but not exceeding five years or to both. (2) Where a person who commits an offence is a candidate,
the Council may, in addition to the penalty under subsection
(1), cancel the registration of such person as a candidate. [s.

n offence is a candidate,
the Council may, in addition to the penalty under subsection
(1), cancel the registration of such person as a candidate. [s.

17G]
PART V
MISCELLANEOUS PROVISIONS
25.–(1) In the performance of its duties and exercise of its
powers, the Council may, with the consent of the Minister,
make regulations generally for the governance, control,
administration and management of the Council and for
conduct of its business and without prejudice to the generality
of the foregoing, may make regulations prescribing-
(a) the terms and conditions of service, pension and
retirement benefits and the like, of staff other than
temporary staff;
(b) measures for the discipline of staff;
Presentation of
forged certificate
or diploma
Act No. 12 of 2019 s. 32
Aiding or
abetting
Act No. 12 of 2019 s. 32
General penalty
Act No. 12 of 2019 s. 32
Regulations

orged certificate
or diploma
Act No. 12 of 2019 s. 32
Aiding or
abetting
Act No. 12 of 2019 s. 32
General penalty
Act No. 12 of 2019 s. 32
Regulations

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THE NATIONAL EXAMINATIONS COUNCIL OF TANZANIA ACT [CAP. 107 R.E. 2023]
(c) the financial procedures of the Council;
(d) examination fees and other charges payable to the
Council;
(e) diplomas, certificates and other awards which may be
conferred or granted by the Council;
(f) the conditions which must be satisfied before the grant
of any diploma, certificate or other award;
(g) the manner in which diplomas, certificates or other
awards may be granted;
(h) the manner in which examinations may be conducted;
and
(i) anything which may be prescribed under this Act
or any matter or thing which in the opinion of the
Council, is necessary to prescribe for the furtherance
of the functions and objects of the Council. (2) The Council shall cause to be published in the Gazette
any regulations made under this section. [s. 18]
26. The Council may, with the approval of the Minister, make
rules prescribing fees and allowances payable to members of
the Council or a Committee. [s.19]
27.

ouncil may, with the approval of the Minister, make
rules prescribing fees and allowances payable to members of
the Council or a Committee. [s.19]
27.

The Minister may give the Council directions of a general
or specific character and the Council shall, subject to the
provisions of this Act, give effect to every direction. [s. 20]
28. An act or proceeding to the Council, the Executive
Committee or an Examinations Committee shall not be
invalid by reason only of the number of the members not
being complete at the time of such act or proceeding or of
any defect in the appointment of any member or of the fact
that any member was at the time in question disqualified or
disentitled to act as such. [s. 21]
Fees and
allowances
Minister may give
directions
Act No. 12 of 2019 s. 33
Proceedings
of Council or
Committee not
to be invalid
by reason of
irregularity

s and
allowances
Minister may give
directions
Act No. 12 of 2019 s. 33
Proceedings
of Council or
Committee not
to be invalid
by reason of
irregularity

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.474
THE NATIONAL EXAMINATIONS COUNCIL OF TANZANIA ACT [CAP. 107 R.E. 2023]
29. Without prejudice to the provisions of section 284A of the
Penal Code, a matter or thing done by any member or officer
of the Council or a Committee shall not, if done in good faith
in the execution or purported execution of the functions of
the Council or Committee, render that member or officer
personally liable for the matter or thing. [s. 22]
30. Each Regional Administrative Secretary and the Principal
Secretary of the Ministry of Education Zanzibar shall be
representatives of the Council in their respective areas of
jurisdiction. [s. 23]
31. Each Regional Education Officer in Tanzania and the
Director for Secondary and Technical Education in the
Revolutionary Government of Zanzibar shall be representatives
of the Council. [s. 24]
32.–(1) There shall be established in respect of each regional
and local government authority, the Examinations Committee.

ves
of the Council. [s. 24]
32.–(1) There shall be established in respect of each regional
and local government authority, the Examinations Committee.

(2) The Examinations Committee established under
subsection (1) shall oversee the conduct of examinations at
their respective Region or local government authority. (3) The Regional Examinations Committee shall consist of-
(a) Regional Administrative Secretary, who shall be the
Chairman in each of his respective area of jurisdiction;
(b) Regional Education Officer, who shall be the Secretary
of the examination committee in his respective area of
jurisdiction;
(c) Regional State Attorney;
(d) Regional Police Commander;
(e) Regional Security Officer; and
(f) Regional Academic Officer. Protection of
members of
Council and
Committees
Cap. 16
Regional
Administrative
Secretary
and Principal
Secretary of
Zanzibar to be
representatives
Act No. 2 of 1998 Sch. Representatives
of Council
Act No. 4 of 1987 Sch. Regional
and Local
Government
Examinations
Committee
Act No. 12 of 2019 s. 34

Act No. 2 of 1998 Sch. Representatives
of Council
Act No. 4 of 1987 Sch. Regional
and Local
Government
Examinations
Committee
Act No. 12 of 2019 s. 34

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.475
THE NATIONAL EXAMINATIONS COUNCIL OF TANZANIA ACT [CAP. 107 R.E. 2023]
(4) The Local Government Examination Committee shall
consist of-
(a) the Executive Director of the local government
authority, who shall be the Chairman;
(b) Education Officer of the local government authority,
who shall be the Secretary;
(c) Officer Commanding District;
(d) District Security Officer;
(e) District Academic Officer; and
(f) a State Attorney from the Office of the District
Administrative Secretary. [s. 25]
33.–(1) The Council may require any person-
(a) dealing with moderation of examination items, printing
of examination papers, supervision and invigilation of
examinations, marking of candidate’s scripts; or
(b) officially assigned to assist in marking exercise,
to take and subscribe to an oath of secrecy. (2) A person who, having subscribed to the oath, publishes,
discloses or communicates to any other person information
that is privy of secrecy, commits an offence and on conviction,
shall be liable to imprisonment for a term of not less than
twenty years.

information
that is privy of secrecy, commits an offence and on conviction,
shall be liable to imprisonment for a term of not less than
twenty years.

[s.26]
Oath of secrecy
Act No. 12 of 2019 s. 35

[s.26]
Oath of secrecy
Act No. 12 of 2019 s. 35

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.476
THE NATIONAL EXAMINATIONS COUNCIL OF TANZANIA ACT [CAP. 107 R.E.

. No part of this book may be reproduced or distributed without permission of OAG.476
THE NATIONAL EXAMINATIONS COUNCIL OF TANZANIA ACT [CAP. 107 R.E.

2023]
SCHEDULE
(Made under section 3(3))
COMPOSITION, TENURE AND
PROCEEDING OF THE COUNCIL
1.–(1) The Council shall consist of-
(a) a Chairman who shall be appointed by the President from
amongst the Vice Chancellors of the accredited Public
Universities established in the United Republic;
(b) one member appointed by the Minister responsible for
education in consultation with the Minister responsible for
local government from among head teachers of secondary
schools;
(c) one member appointed by the Minister responsible for
education in consultation with the Minister responsible for local
government from among head teachers of primary schools;
(d) one member appointed by the Minister responsible for
education representing private institutions, who has
experience and qualifications in education matters;
(e) one member from the Ministry responsible for regional
administration and local government who has experience
and qualifications in education matters;
(f) three members from Tanzania Mainland appointed by the
Minister responsible for education from amongst people who
have experience in education assessment matters, finance,
planning, community development, gender, children and
social welfare; and
(g) three members from Tanzania Zanzibar appointed by the
Minister responsible for education in consultation with the
Minister responsible for education in the Revolutionary
Government of Zanzibar, from among people vested with
qualifications relevant for education and assessment.

onsible for education in the Revolutionary
Government of Zanzibar, from among people vested with
qualifications relevant for education and assessment.

(2) In appointing members of the Council under subparagraph
(1)(f) and (g), the Minister shall have due regard to representation of
special groups. (3) The Council may co-opt not more than four persons to attend
and provide expertise during the deliberation of the Council on such
matters as the Council may determine but such persons shall not have
the right to participate in the decision making of the Council. 2. The Chairman and members of the Council shall, unless the
appointment is terminated by the Minister, or ceases in any other way to
be a member, hold office for a period of four years and shall be eligible
for reappointment for one further term. Composition of
Council
Act No. 12 of 2019 s. 36
Tenure of office
Act No. 12 of 2019 s. 36

nd shall be eligible
for reappointment for one further term. Composition of
Council
Act No. 12 of 2019 s. 36
Tenure of office
Act No. 12 of 2019 s. 36

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.477
THE NATIONAL EXAMINATIONS COUNCIL OF TANZANIA ACT [CAP. 107 R.E. 2023]
3.–(1) A member appointed by virtue of his office shall cease to be a
member upon ceasing to hold the post that entitled his appointment to
the Council.

–(1) A member appointed by virtue of his office shall cease to be a
member upon ceasing to hold the post that entitled his appointment to
the Council.

(2) A member of the Council shall cease to be a member upon
advice by the Council to the Minister of the fact, and the appointing
authority may terminate the appointment of the member and appoint
another member in his place if he-
(a) has been absent for three consecutive meetings of the Council
without reasonable cause;
(b) is convicted of a criminal offence and sentenced to
imprisonment for a term exceeding six months or to a fine
exceeding five hundred thousand shillings;
(c) is convicted of an offence involving dishonesty or fraud;
(d) is adjudged bankrupt or enters into a composition scheme or
arrangement with his creditors;
(e) is incapacitated by physical or mental illness or is deemed
otherwise unfit to discharge his duties as a member of the
Council; or
(f) fails to comply with the provisions of this Act relating to
disclosure. 4. Where a member is by reason of illness, infirmity or absence from
the United Republic, unable to attend any meeting of the Council, the
appointing authority may appoint a temporary member in his place and
the temporary member shall cease to hold office on the resumption of
office of the substantive member. 5.

appoint a temporary member in his place and
the temporary member shall cease to hold office on the resumption of
office of the substantive member. 5.

The Council shall elect one of its members to be the Vice-Chairman
and a member elected as Vice-Chairman shall, subject to his continuing
to be a member, hold office of Vice-Chairman for a term of one year
from the date of his election and shall be eligible for re-election. 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 that
meeting. (4) The Chairman, Vice-Chairman or a temporary Chairman
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. 7.–(1) The Council shall ordinarily meet at least once in every three
months 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. Cessation of
membership
Act No. 12 of 2019 s.

hairman or, if he is absent from the United Republic or unable for
any reason to act, the Vice-Chairman. Cessation of
membership
Act No. 12 of 2019 s.

36
Appointment
of temporary
member
Vice-Chairman
Power of
Chairman and
Vice-Chairman
Meetings and
procedure of
Council
Act No. 12 of 2019 s. 36

36
Appointment
of temporary
member
Vice-Chairman
Power of
Chairman and
Vice-Chairman
Meetings and
procedure of
Council
Act No. 12 of 2019 s. 36

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.478
THE NATIONAL EXAMINATIONS COUNCIL OF TANZANIA ACT [CAP. 107 R.E. 2023]
(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, convene a special meeting of the Council at any time. (3) The Executive Secretary of the Council shall give to each member
adequate notice of the time and place of each meeting. 8. At any meeting of the Council not less than one half of the members
in office for the time being shall constitute a quorum. 9. Subject to the provisions relating to a casting vote, all questions at a
meeting of the Council shall be determined by a 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. 10.–(1) The seal of the Council shall be of the shape, size and form as
the Council may determine.

on he shall be deemed to have cast a negative vote. 10.–(1) The seal of the Council shall be of the shape, size and form as
the Council may determine.

(2) The seal shall not be used except in pursuance of a resolution of
the Council and shall be authenticated by the signature of the Chairman,
or the Executive Secretary or any member of the Council authorised to
act in that behalf by the Council. (3) All documents, other than those required by law to be under
seal, made by, and all decisions of the Council may be signified under
the hand of the Chairman or the Executive Secretary or any member in
office of the Council authorised in that behalf by the Council. 11.–(1) The Council shall cause minutes of all proceedings of meetings
of the Council to be entered in a book kept for that purpose. (2) Any minutes if purporting to be approved by, and signed by
the Chairman of, the next succeeding meeting of the Council shall
be evidence of the proceedings and, until the contrary is proved, the
meeting to which the minutes relate shall be deemed to have been
duly convened and all proceedings at that meeting to have been duly
transacted. 12. Subject to the provisions of this Schedule the Council may regulate
its own proceedings. Quorum
Decisions of
Council
Seal of Council
Record of
proceedings of
Council
Council may
regulate its
proceedings