THE TANZANIA COMMISSION FOR SCIENCE ANDTECHNOLOGY ACT, 1986

ARRANGEMENTS OF SECTIONS

TitleSection

PART I

PRELIMINARY PROVISIONS

Short title and commencement.Application.Interpretation.

1.2.3.

PART II

TANZANIA NATIONAL COMMISSION FOR SCIENCE AND TECHNOLOGY

Establishment of the Tanzania National Commission for4.Science and Technology.Functions of the Commission.Director-General of the Commission.Duties of the Director General.The Staff of the Commission.Delegation of power of appointment.General Powers of the Commission.

5.6.7.8.9.

10.Direction by the Minister.11.Certain institutions to be affiliated to the Commission.Commission may call for information.

12.13.

PART IIICOMMITTEES

Establishment of Committees.14.

PART IV

CENTRE FOR TRANSFER OF TECHNOLOGY AND DEVELOPMENTCommission to establish Centre for Development and Transfer;15.of Technology.

16. Registration of Contracts.Evaluation of agreements.17.

18. Restrictive business practices not to be included inagreement or contract.Cancellation of registration.19.Sanction.20.

21. Termination of contract.Confidential Character of certain information.Existing agreement and contract.

22.23.

1

Tanzania Commission for Science and Technology 1968No. 72

PART V

FINANCIAL PROVISIONS

TitleSection

Funds and Resources of the Commission.Estimates of Income and Expenditure.Accounts and Audit.Report of the Commission.

24.25.26.27.

PART VI

MISCELLANEOUS

28. Institution of Award for Science and TechnologyAwards Committee.29.

30. Regulations.Disclosure of information.Protection to Inventors.

31.32.33. Offences.

Protection from personal liability.34.PART VII

REPEALS AND SAVINGS

Repeal of Acts, 1968, No. 51 and Savings.35.

1986Tanzania Commission for Science and TechnologyNo. 74

PART II

THE COMMISSION

4.-(l) There is hereby established a Commission which shall be known as the Tanzania Commission for Science and Technology and which shall-

(a) have perpetual succession and a common seal;(b) be capable of suing and being sued;(c) subject to this Act, be capable of purchasing and otherwise acqui-

ring movable or immovable property.(2) The provision of the First Schedule to this Act shall have effect

with respect to the composition and proceedings of the Commission.(3) Save for the provisions relating to the appointment of the Chairman,

the Minister may, by order published in the Gazette, amend add to,vary or revoke or replace any of the provisions of the First Sche-dule.

(4) The Commission may co-opt any additional members for aspecified meeting or other purpose but no co-opted member shallhave the right to vote.

5.-(I) The Commission shall be the principal advisory organ of Government on all matters relating to scientific research and techno-logy development.

(2) Without prejudice to the generality of subsection (1) the functionsof the Commission shall be-

(a) to formulate policy on the development of science and techno-logy and recommend its implementation by the Government;

(b) to monitor and co-ordinate the activities relating to scientificresearch and technology development of all persons or bodyof persons concerned with such activities;

(c) to acquire, store and disseminate scientific and technologyinformation, and may, for that purpose held or sponsor conferences,symposia, meetings, seminars or workshops, or publish any news-paper, journal or periodical or do any other act or thing designedto promote interest in science and technology development;

(d) to advise the Government on-(i) priorities in scientific research;

(ii) the allocation and utilization of research funds according topriorities referred to in sub-paragraph (i);

(iii) regional and international co-peration in scientific researchand transfer of technology;

(iv) matters relating to the training and recruitment of researchpersonnel;

(v) instruction on scientific subjects in educational institutionswithin the United Republic;

Establishment of theCommission

Functionof theCommission

1986Tanzania Commission for r Science and TechnologyNo. 7 5

(vi) the initiation, formulation, and implementation of researchpolicies and programmes;

(vii) the establishment and maintenance of national scientificstandards;

(viii) science and technology policy;(c) after acceptance by the Government of any advice given to it by theCommission pursuant to paragraph (d)(i) to consult, coordinate and supervise the determination, planning

and allocation of funds by national research institutions to rese-arch projects and programmes within their respective fields ofresearch:

(ii) to examine the research and development programmes of nationalresearch institutions, whether or not affiliated to the commission,and advise on the best ways of achieving the objectives of thoseresearches;

(F) to evaluate existing and proposed policies and the activities of theGovernment directed at the development of science and technology;

(g) to promote the carrying out of research in the area of science andtechnology;

(h) to mobilize funds for support and promotion of scientific researchand technological development from both the Government andother sources;

(i) to popularize science and technology at all level including thegeneral public;

( j) to foster co-operation in all matters relating to science andtechnology at regional and international levels;

(k) to advise the Government on better and more efficient ways, ofimplementing the national science and technology policy;

(1) to facilitate the full and advantages application of research resultsfor the purposes of the better social and economic developmentof the United Republic;

(m) to carry out independently or in co-operation with any appropriateperson, body, agency or institution such surveys and investigationsas the Commission may consider necessary for the proper perfor-mance of its functions;

(n) to perform such other functions as the Minister may assign to theCommission, or as are incidental or conducive to the exercise by theCommission of all or any of the preceding. functions.-

(3) The Commission shall, in the performance of its functions, beguided by and comply with the provisions of the national policy on scienceand technology as from time to time declared.

(4) For the purposes of the better performance of its functions the,Commission shall establish and maintain a system of collaboration,consultation and co-operation with any person or body of persons withinor outside Tanzania, established by or under any written law and havingfunctions related to those specified in subsection (1) or which relate totransfer and development of technology generally.

1986Tanzania Commission for Science and TechnologyNo. 76

(5) Any person who without reasonable excuse, hinders or obstructsthe Commission or an authorized officer in carrying out any functionsunder subsection (1) and (2) or under section 15 shall be guilty of anoffence and shall be liable on conviction to a fine not exceeding tenthousand shillings or to imprisonment for a term not exceeding two yearsor to both such fine and imprisonment.

6.-(1) There shall be a Director-General and a Deputy Director-General of the Commission who shall be appointed by the President on such terms and conditions as the President may determine.

(2) The Director-General shall be the Chief Executive Officer of theCommission and shall, subject to the provisions of this Act and anydirections which may be given to him by the Minister or the Commission,be responsible for the implementation of all decisions of the Commissionand for carrying out all the day to day activities of the Commission.

(3) The Director-General shall be the secretary of the Commission,and he or the Deputy Director-General shall attend and act in that capacityat all meetings of the Commission.

7. Without prejudice to the generality of subsection (2) of section 6.it shall be the duty of the Director-General, under the direction of theCommission-

Duties of theDirectorGeneral

(a) to carry out investigations into the problems of transfer of anddevelopment of science and technology and of transfer of techno-logy;

(b) to obtain the advice of person having special knowledge, experience,or responsibility in regard to development of science and techno-logy;

(c) to keep under review the progress made in the attainment of theobjects and purposes of this Act and to publish reports and provideinformation for the purpose of enhancing public awareness of suchprogress and of the problems and remedies that exist in relationto the development of Science and Technology;

(d) to promote, encourage, co-ordinate and carry out short term and longterm planning and projects in the development of science andtechnology with or separate from other public bodies and other orga-ns;

(c) generally to administer and give effect to the provisions of this Actand to carry out other functions as may be prescribed by theCommission.

8.-(1) The Commission may appoint on such terms and conditions as it maydetermine, such number of persons to serve as officers of theCommission as it may consider appropriate or necessary for the performanceof the functions of the Commission.

(2) The Commission may engage, either temporarily or on such termsas it may think fit, persons who are experts in matters relating to scienceand technology.

The Staff ofthe Commi.ssion

DirectorGeneral ofthe Commi-ssion

1986Tanzania Commission for Science and Technology 7No. 7

9. The Commission may, subject to such conditions as it may impose, dele-gate to any person or body of persons the powers of appointment to any officeor offices of the Commission.

10. The Commission may, for the purpose of carrying out its functionsunder this Act do all such things as appear to it to be requisite. advante-geous of convenient for or in connection with the carrying out of suchfunctions or to be incidental to their proper discharge and may carry onany activities in that behalf either alone or in association with any otherperson or body of persons and may set up committees for the purpose ofconducting any scientific and technological research.

11. The Minister may give to the Commission directions of a generalnature as to the exercise and performance by the Commission of its func-tions, and it shall be the duty of the Commission to give effect to any such

12.-(I) Notwithstanding the provisions of any Act, establishing Na-tional Research and Development Institutions, but subject to the provisions

of this Act, with effect from the date of commencement of this Act, all theinstitutions enlisted in the Second Schedule to this Act shall be affiliatedto the Commission.

(2) For the purposes of the better performance of its functions theCouncil shall maintain a system of collaboration, consultation and co-operation with the National Institutions enlisted in the Second Scheduleand such other similar institutions as may, from time to time be formed.13.-(I) The Commission may require in writing any person or body ofpersons engaged in research, or engaged in an activity affecting or relatingto science and technology within Tanzania to furnish to it such informa-tion related to that research or activity as the Commission may specify.

(2) Every person who or body of persons which is required to furnishinformation under subsection (1) shall comply with the requirement andany person who or body of persons which fails or refuses to comply withthat requirement shall be guilty of an offence and shall be liable on convi-ction to a fine not exceeding five thousand shillings or to imprisonment fora term not exceeding six months or to both such fine and imprisonment.

PART III

COMMITTEES14.-(I) The Commission shall establish an Executive Committee and

subject to this Act, may delegate to such Executive Committee the exerciseof any of the function conferred upon the Commission.

(2) The Commission shall establish standing committees to be knownas Research and Development Advisory Committees and may establishsuch other standing and occasional committees as it considers necessaryor desirable for the discharge of its functions.

(3) Without prejudice to the generality of subsection (2) the Commissionshall establish the following research and development advisory commi-ttees, namely Research and Development Advisory Committee on-

(2) For the purposes of the better performance of its functions theCouncil shall maintain a system of collaboration, consultation and co-operation with the National Institutions enlisted in the Second Scheduleand such other similar institutions as may, from time to time be formed.

to the Commission.

11. The Minister may give to the Commission directions of a general

functions or to be incidental to their proper discharge and may carry onany activities in that behalf either alone or in association with any otherperson or body of persons and may set up committees for the purpose ofconducting any scientific and technological research.

Delegation Of power ofappointment

General powers of the Commission

Directionsby Minister

CertainInstitutionsto be affili-ated to theCommission

Commission may call for information

Establish-ment forcommittees

No. 78 1986Tanzania Commission for Science and Technology

(i) Agriculture and livestock;(ii) Natural Resources;

(iii) Environmental Research,(iv) Industrial and Energy Research;(v) Public Health and Medical Research;(vi) Basic Sciences,(vii) Social sciences,(4) The Commission shall have power to prescribe the composition of

each committee established under this section and may for that purpose.arnend . the Third Schedule.

(5) Every research and development advisory committee shall be theprincipal Organ of the Commission. responsible for the coordination ofall Scientific and technological research carried out in the country in itsfield and shall, in that respect, be responsible for advising in. relation to

(a) research policy and priorities;(b) allocation or distribution of research funds;(c) coordination of research. and extension services;(d) manpower development and(c) national and international cooperation.(6) The Research and Development Advisory Committees may, subject

to any direction of the Commission, meet at such intervals as they considernecessary for the transactions of their business and shall act in accordancewith the directions of the Commission and report on their activities to theCommission in such manner as the Commission may direct.

(7) The Commission shall determine the functions of any Committeeestablished by it and. may delegate to any such Committee either absolutelyor conditionally the power to discharge any function of the Commissionotn behalf of the Commission.

PART IVCENTRE FOR THE, DEVELOPMENT AND TRANSFER OF TECHNOLOGY

15.-(1) The Commission shall establish a National Centre for the Development and Transfer of Technology. (2) The Centre shall be the principal organ of the Commission respo-nsible for matters relating to the transfer, adaptation and development oftechnology including the assessment and choice of imported technology.

(3) Without prejudice to the provisions of subsection (2) the functionsof the Centre shall be--

(a) to identify, within the framework of national, social, economicand political constraints technological need for utilization in thedifferent sectors of the economy;

(b) to acquire and analyse information on alternative sources oftechnology and its delivery to users;

(c) to make an evaluation and selection of technologies with a viewof developing a capacity of decision making in the area of scienceand technology;

Commissionto establishcentre forDevelopmentand Techno-logy

1935No. 7 Tanzania Commission for Science and Technology 9

(d) to play a major role in the unpackaging of imported technologyincluding the assessment of the suitability of the technology as wellas the direct and indirect costs of importing technology or develop-ment of such technology;

(c) to assist institutions importing technology in the negotiation ofcontracts for the supply of technology with the view of securingfavourable terms tinder which technology may be supplied;

(f) to maintain a registry of imported technology and register of dome-stic technological resources and manpower;

(g) to act as a catalyst for the development of' indigenous technology;(h) to provide training for technical personnel in various fields of

analysis of transfer of technology;(i) to register all technology transfer agreements;(j) to prepare plans for development of technology in the critical sectors

of the economy;(k) to monitor on a continuous basis the execution or any contract or

agreement registered pursuant to this section;(1) to perform such other functions as the Commission may, fromtime to time determine----(4) For the purpose of paragraph (i) of subsection (3) technology transfer

agreement means an agreement between a local industry and. a Foreigninvestor with respect to the following considerations -

(i) the use or exploitation of technological rights formulae and specifications, processes, patents or technical know-how of foreign origin .

(ii) the licensing of the us e of exploitation or foreign owned trade- marks;,(iii) the furnishing of foreign technical, consultancy, management and

marketing services.(5) Any person who, without reasonable excuse, hinders or obstructs the

Centre or an authorized officer in the carrying out of any functions underthis part shall be guilty of an offence and liable on conviction to a fine notexceeding ten thousand shillings or to imprisonment for a term not excee-ding two years or to both such fine and imprisonment.

16.-(I) Every technology transfer agreement which. on the date of thecoming into operation of this Act had been entered into by any person inthe United Republic and which still has effect on the commencement of thisAct in relation to any matter referred to in subsection (4) of section 15 ofthis Act shall be registered with the Centre in the prescribed manner notlater than six months after the commencement of this Act.

(2) As from the coming into operation of this Act., every technologytransfer agreement entered into by any person in the United Republic inrelation to any matter referred to in subsection (4) of section 15 shall beregistered with the Centre in the prescribed manner, not later than sixtydays from its execution or conclusion.

(3) Every application for registration of technology transfer agreementshall be addressed to the Director-General and shall be accompaniedby such number of certified true copies of such contract and agree-

Registrationof contract

10 1986Tanzania Commission for Science and TechnologyNo. 7

ment and by all other related documents including annexures thereto andsuch other documents and information as may be specified in any parti-cular case by the Director-General.

(4) Where the Director-General is satisfied that none of the specificationsmentioned in section 18 has been contravened he shall issue the applicanta registration certificate.

17.-(I) The technical staff rendering assistance to the CommissionEvaluation ofAgreements shall evaluate the terms and conditions of all agreement or contract ta-

king into consideration the legal, technical and economic aspects of theagreement in the light of policies and guidelines prescribed by theCommission.

(2) In evaluating any agreement or contract for transfer of techno-logy the following factors should be taken into consideration-

(a) that the technology or industrial property right is appropriate;(b) that the payment for the technology in relation to the value of

the technology to recipient and national economy is reasonable;(c) that no restrictive business practices are included in the agree-

ment or contract for transfer of the technology;(d) that the agreement or contract for transfer of technology

stipulates the duration of such agreement or contract;(c) that the technology is not freely available in the United Republic.

18.-(1) No contract or agreement for transfer of technology tothe United Republic shall contain any restrictive business practices.

Restrictivebusinesspractices notto be include

(2) The restrictive business practices referred to in subsection (1)in agreementor contract are provisions in the agreement or contract for transfer of technology-

(a) which permit the supplier to regulate or intervene directly or indi-rectly in the administration of any undertake belonging to thetransferee of the technology;

(b) which provides for an onerous or gratuitous obligation onthe transferee of the technology to assign to the transferor or anyother person designated by the transferor patents, trade marks,technical information, innovations or improvements obtainedby such transferee with no assistance from the transferor or suchperson;

(c) which impose limitations on technological research or developmentby the transfer;

(d) which impose an obligation to acquire equipment, tools, partsor raw materials exclusively from the transferor or any otherperson or given source;

(e) which provide for the exportation of the transferee's productsor services is prohibited or unreasonably restricted or whichprovides for an obligation on such transferees to sell theproducts manufactured by it exclusively to the supplier of thetechnology concerned or any other person or source designatedby the transferor;

Tanzania Commission for Science and Technology 111986No. 7

(f) which prohibit the use by the transferee of complementarytechnologies;

(g) which required the transferee to use permanently or for anyunconscionable period personnel designated by the supplier ofthe technology;

(h) which limit the volume of production for sale;(i) which require the transferee to appoint the supplier of techno-

logy as the exclusive sales agent or representative in the UnitedRepublic or elsewhere.

(j) which provide for a duration for agreement or contractexceeding ten years;

(k) which require the consent of the transferor before any modifi-cation to products, processes or plant can be affected by thetransferee;

(i) which impose an obligation on the transferee to introduceunnecessary design changes;

(m) which, by means of quality controls or prescription of Standardsseeks to impose unnecessary and onerous obligation on thetransferee;

(n) which provide for payment in full by the transferee fortransferred technology which remains unexploited by him;

(o) which require transferee to accept additional technology orother matter, such as consultancy services, international sub-contracting, turn-key projects and similar package arrangements,not required by the transferee for or in connection with theprincipal purpose for which technology is to be or has beenacquired by him;

(p) which impose an obligation to submit to foreign jurisdiction inany controversy arising for decision concerning the interpreta-tion or enforcement in the United Republic of any suchagreement or contract or any provision thereof.

(3) Notwistanding the provisions of this section the Commission,in any case where it is satisfied that it would be in the nationalinterest so to do, it may direct the Director-General to issue a certifi-cate of registration to an applicant notwithstanding any convergence betw-een the terms and conditions of a contract or agreement and the specificationslaid down in subsection (2) of this section.

(4) Where the parties, on the direction or advice of the Director,subsequent to a refusal by the Director-General to issue a certificateof registration, make required adjustments in respect of any agreementor contract or terms and conditions thereof, the Director-General mayissue the requisite certificate of registration.

19. If after investigation by the Commission it is established thatthe terms and conditions of the agreement have been amended ormodified without prior approval of the Commission the Commissionmay cancel the registration of the agreement or contract and requirethe surrender of the certificate of registration except that cancellation

(3) Notwistanding the provisions of this section the Commission,in any case where it is satisfied that it would be in the nationalinterest so to do, it may direct the Director-General to issue a certifi-cate of registration to an applicant notwithstanding any convergence betw-een the terms and conditions of a contract or agreement and the specificationslaid down in subsection (2) of this section.

Cancellationof registra-tion

12 No. 7 Tanzania Commission for Science and Technology 1986

shall be made under this section only after the party in whose namethe certificate of registration is issued is given an opportunity to beheard.

20. The Commission shall determine the appropriate sanction to beimposed for the breach of any provision of this Part.

Sanction

21. When an agreement is terminated by the parties thereto prior to the expiration of its term, notice Of Such termination shall be filed with the

Commission not later than five days from the date of such termination.

22.-(l) Upon written request therefore, information and documents received by the Commission for registration of agreements and contracts shall be treated as confidential and shall not be divulged toany private party without tile consent of the parties concerned .

(2) Any person who divulges any information and documentcontrary to this section shall be guilty of an offence and shall beliable upon conviction to a fine not exceeding ten thousand shillingsor to a term of imprisonment not exceeding six months.

PART V

THE NATIONAL FUND FOR THE ADVANCEMENT OF SCIENCE ANDTECHNOLOGY

Establish- 23.---(]) There is hereby established a fund which shall be known asthe National Fund for the Advancement of Science and Technology.ment, and

purposes ofthe Fund (2) The resources of the Fund shall be utilised for the purposes of-

(a) financing, by way of loan or grant, any research or study carriedon by or for the benefit of persons or organisations engaged inresearch in matters relating to the development of science andtechnology;

(b) financing by way of loan or grant, the training of citizens of theUnited Republic by or for the benefit of Organizations engagedin research in the development of science and technology:

(c) making an award or awards to a persons or body of personsqualified for the grant to him or its of an award under this Act;

(d) Providing support for scientific research and technology developme-nt and the application of the results in compliance with the nationalpriorities determined by the Government upon advice by the Com-mission;

(e) of Commissioning the carrying out an institution or individual ofany specific research which is of special national importance.

24. The funds and resources of the Fund shall consist of-(a) such sums as may be provided for the purpose by parliament,

Resourcesof theFund

Terminationof contracts

Confidentialcharacter ofcertain data

Tanzania Commission for Science and Technology 1986 13No. 7

(c) such sums or property as may in any manner become payable toor vested in the Fund by virtue of the operation of any otherlaw or as a result of its administration by the Commission.

25. (1) The Fund shall be administered by the Commission. Managementof the(2) For the purposes of this section, the Commission shall maintain

the Fund in a separately designated bank account or accounts, which itshall operate in accordance with such directions as the Minister may, fromtime to time, give in that behalf, save that the Commission shall not makeany payment out of the Fund except in accordance with the agreed annualexpenditure programme.

Fund

(3) Without prejudice to the preceding provisions of this section, theCommission may, where circumstances so required, maintain and admin-ster as part of the Fund any special account or accounts for the purposesof any project or programme carried on jointly with a foreign institution a,department or organisation for the advancement of science and technologydevelopment in the United Republic.

(4) The Minister may, by regulations published in the Gazette providefor the regulation and administration of the Fund.

(5) Any person who authorises the making of any payment out of thefund in contravention of any provision of this section shall be guilty of anoffence and liable on conviction to a fine not exceeding fifty thousandshillings or to imprisonment for a term not exceeding five years or to bothsuch fine and imprisonment.

26. (1) The Commission shall cause to be provided and kept properbooks of account of the payments made into and out of the Fund.

(2) The accounts of the Fund shall be audited annual by the TanzaniaAudit Corporation established by the Tanzania Audit Corporation Act,1968, and the audited Accounts of the Funds shall be published at thesometime as the audited accounts of the Commission are published.''

PART VI

FINANCIAL PROVISIONS

27. The funds and resources of the Commission shall consist Of---(a) such sums as may be provided for the purpose by parliament either

by way of grant or loan;(b) any sum of loan granted to the Commission by any other person,

bodies or institution with the approval of the Minister;(c) any sums or property which may in any manner become payable to

or vested in the Commission as the result of the performance of itsfunctions.

28.-(I) The Commission shall, prior to the commencement of eachfinancial year, prepare and submit for the Minister's approval, an estimate,in such form and containing such matters as he may require of its incomeand expenditure for such financial year.

(2) The Commission shall not incur any expenditure exceeding thatprovided for in the estimates except with the specific approval in writing

of the Minister.

Estimate ofincome and Expenditure

Funds andResourcesof theCommission

Accountsand Audit

198614 No. 7 Tanzania Commission for Science and Technology

29.-(I) The Commission shall keep proper accounts and other recordsin relation there to and shall prepare in respect of each financial year astatement of accounts in accordance with the best accounting standards

(2) Subject to any direction to the contrary given by the Minister accountsof the Commission shall be audited by the Tanzania Audit Corporation.

(3) As soon as the accounts of the Commission for the financial yearhave been audited the Commission shall cause to be sent to the Ministera copy of the statement of accounts prepared in respect of that year togetherwith a copy of any report made by the auditors thereon.

(4) The Minister shall within a period of six months (or such-longerperiod as the National Assembly may by resolution appoint) after the endof the financial year to which the accounts relate, cause to be laid a copyof every statement and auditor's report before the National Assembly.

30. The Commission shall, within six months after the end of eachfinancial year make a report to the Minister on the conduct of its businessduring that year, and the Minister shall cause to be laid a copy thereofbefore the National Assembly.

Report ofthe Commi-ssion

PART VIIMISCELLANEOUS

31,(I) There is hereby instituted an award to be known as the TanzaniaInstitutionof Award for Award for Science and Technological Achievement Award.Science andTechnology (2) The award may be conferred upon any person who, or institution or

body corporate which within the United Republic makes an invention ordiscovery which, in the opinion of the Awards Committee is likely topromote and accelerate the social and economic progress of the UnitedRepublic.

32. There is hereby established an Awards Committee which shall beknown as the Scientific and Technological Arhivement Awards Commi-ttee and shall consist of-

AwardsCommittee

(i) a Chairman, who shall be appointed by the Minister fromamong the members of the Commission-I

(ii) the Director-General, who shall also be the Secretary;(iii) six other members who shall be appointed by the Minister.(2) In appointing persons to the Awards Committee, the Minister

shall give consideration to persons who have knowledge and experienceof the application of science and technology.

''(3) A member of the Awards Committee shall, unless he sooner ceasesto be a member, hold office for a period of three years from the date ofhis appointment, and shall be eligible for reappointment.

(4) The Awards Committee may co-opt any person whose knowledgeand experience in the application of science and technology may be ofassistance to it in considering any application or proposal for the confer-ment of an award under this Act.

15Tanzania Commission for Science and TechnologyNo. 7 1986

(5) The Awards Commission shall consider all applications or propo-sals for the conferment of awards under this Act and make appropriaterecommendations to the Commission regarding the grant of an applicationor proposal.

(6) In deciding whether or not any application or proposal for theconferment of an award under this Act may be granted, the AwardsCommittee shall consider the importance of the invention or discoveryin its application to the search for the solution of various social andeconomic problems obtaining in the United Republic.

33.-(1) The Minister may if he considers it necessary or expe-dient for the better performance of the Commission's functions makeregulations-

(a) requiring persons engaged in the scientific and technologicalresearch within the United Republic to furnish to the Commissioninformation relating to such research and to make available to I heCommission copies of any relevant records or findings;

(b) prescribing the form and manner in which and the periodwithin which, such information, record, or findings shall bekept, furnished or made available to the Commission;

(2.) Regulations made under this section may be expressed to beapplicable to-

(a) the whole or any part of the United Republic;(b) any branch of scientific and technological research;(c) any category or categories of persons; or(d) any other such persons as may be requested by the government,

public authorities or institutions with respect to science andtechnology.

34.-(I) Where any person furnishes the Commission with anyinformation or makes available to the Commission any record orfindings pursuant to the regulations made under section 28, theCommission shall not, save for the purposes of proceedings underthis Act, disclose such information on the contents of record orfindings to any person not employed in the execution of a dutyunder this Act.

(2) Notwithstanding the provisions of subsection (1) the Commi-ssion may publish or cause to be published any information furnishedto the Commission or the contents of any record or findings availableto the Commission pursuant to regulations made under section 15 in aform of a summary which does not enable identification of the source ofinformation, record or findings.35. Where any person to whom regulations made under section 22apply satisfies the Commission that the research being carried out byhim is likely to lead to a scientific and technological invention byhim, or that he is the grantee, proprietor or assignee of a patent dulyregistered under the law for the time being in force relating toregistration of patents, he shall be exempt from disclosing any information

information, record or findings.

(a) requiring persons engaged in the scientific and technologicalregulations-

Power to make rega-ations

Disclosureofinformation

Protectionto inventors

Tanzania Commission for Science and Technology 1986No. 716

relating either directly or indirectly to such invention or patent orto make available any record or findings relating to such invention orpatent.

36.-(I) Any person being a person employed in the execution ofany duty under this Act who--

Offences-(a) by virtue of such employment becomes possessed of any

information which might influence or affect the market valueof any share or other security, interest, product or article andwho before such information is made public in accordance withthe provisions of this Act, directly or indirectly such informationfor persons gain;

(b) without lawful authority published or communicates to any personotherwise than in accordance with the provisions of this Actany information acquired by him in the course of such employ-ment;

(c) knowingly compiles for issue any false statistics, record or infor-mation,shall be guilty of an offence and shall be liable on conviction to a finenot exceeding twenty thousand shillings.

(2) Any person who being in possession of any information whichto his knowledge has been disclosed in contravention of the provisionsof this Act, publishes or communicates to any other person suchinformation, shall be guilty of an offence and shall be liable onconviction to a fine not exceeding twenty thousand shillings.

(3) Subject to the provisions of section 13 of this Act any personwho, being a person to whom the provisions of any regulations madeunder section 30 apply-

(a) fails to furnish to the Commission any information or to makeavailable to the Commission any record or findingsrelating to any scientific or technological research withinsuch period as may be prescribed in the regulations or, where nosuch period is prescribed, within one month of the receipt byhim of a notice from the Commission requiring him furnishsuch information or make available such record or findings;

(b) knowingly furnishes any false information or makes availableany false record or findings;

(c) hinders or obstructs any officer of the Commission in the lawfulperformance of his duties or in a lawful exercise of his powersimposed or conferred upon him by this Act,

shall be guilty of an offence and shall be liable on conviction to afine not exceeding twenty thousand shillings.

37. No matter or thing done by any member, officer, servant oragent of the Commission or of Executive Committee or any Commi-ttee established under this Act, or of any other institution affiliatedto the Commission shall, if the matter or thing is done in goodfaith for the purpose of carrying out the provisions of this Act orof any regulations made thereunder, subject any such person asaforesaid to any action, liability, claim or demand whatsoever.

Protectionfrompersonalliability

No. 7 1986Tanzania Commission for Science e and Technology 17

PART VIIIREPEAL AND SAVINGS

38.-(1) The Tanzania National Scientific Research Council Act, 1968,is hereby repealed.

(2) With effect from the Commencement of this Act, the Council shallcease to exist.39.-(1) Upon the commencement of this Act, all the assets and liabili-ties of the Tanzania National Scientific Research Council shall, by virtueof this Act and without further assurance, be transferred and vested in theCommission.

(2) All other matters arising from the repeal of the Tanzania NationalScientific Research Council Act, 1968, and the demise of the Council,shall the governed by the provisions of the Interpretation of Laws andGeneral Clauses Act, 1972.

FIRST SCHEDULE

Made under sections 4(1)l- -(1) The Commission shall consist of-(a) The Chairman, who shall be appointed by the President from among the members

of the Commission;(b) Two eminent scientists one appointed by the Minister and one by the Minister

in the Revolutionary Government of Zanzibar responsible for matters relating toscience and technology;

(c) Directors of national research institutes in-(i) Agriculture and Livestock

(ii) Public Health(iii) Forestry(vi) Fisheries(v) Marine sciences(vi) Minerals(vii) Industry

(viii) Wildlife(e) Director of Agriculture Zanzibar(f) Director of Industries Zanzibar(g) Dean/Directors of Faculties/Institute of-

(i) Agriculture Sokoine University of Agriculture(ii) Science, University of Dares Salaam(iii) Engineering, University of Dares Salaam(iv) Medicine, University of Dares Salaam(v) Arts and Social Sciences, University of Dar es Salaam

(vi) Institute of Resources Assessment, University of Dares Salaam(vii) Building , Research Unit;

(h) Representatives from Ministries of-(i) Finance, Economic Affairs and Planning(ii) Agriculture and Livestock Development(iii) Industry and Trade(iv) Lands, Natural Resources and Tourism(v) Education(vi) Lands, Water, Housing and Urban Development

(vii) Energy and Minerals(viii) Communications and Works;

Savingsandtransitionalprovisions

Repeal ofActs, 1968No. 5

Acts 1972No. 30

Composition

18 No. 7 Tanzania Commission for Science and Technology 1986

FIRST SCHEDULE - (contd.)

Ox) Two eminent Engineers representing the institution of Engineers of Tanzania;(2) A member of the Commission shall unless previously he dies or resigns or his

appointment is terminated by the Minister. hold office for a period of three years fromthe date of appointment and shall be eligible for re-appointment.

(3) The Minister may fill any casual vacancy occurring in membership of theCommission and may revoke the appointment of any member and appoint replacementsubject, where appropriate, to the system of nomination specified in sub-paragraph.

(4) A member of We Commission may resign by giring notice to the Minister of hisintention to do so.2.--(I) There shall be a Vice-Chairman who shall be elected by the members of the

Commission from amongst themselves.Vice-Chairman

(2) The Vice-Chairman shall hold office for a period of three years from the dateof his election and shall be eligible for re-election.(3) The Director-General will be the Secretary to the Commission.

3-41) Subject to the provisions of paragraph 2, the Commission shall meet fourtimes in every year and at additional times as may be necessary or expedient for theefficient performance of its functions, and all meetings of the commission shall be con-vened by the Chairman or in his absence from the united Republic or being incapacitated

Meetings

through illness by the Vice-Chairman who shall appoint a suitable time, place and datefor the holding of each meeting.

(2) Except in the case of a special meeting, at fourteen days notice in writing, specifyingthe business to be transacted at the meeting, shall be given of each meeting to everymember of the Commission.

(3) In the absence of both the Chairman and Vice-Chairman the members presentat the meeting shall elect one of their number to be the Chairman for that meeting.

4 (I) A majority of the members of the Commission shall constitute a quorumat any meeting of the Commission.Quorum

(2) All acts, matters and things authorized to be done by the Commission shall bedecided by resolution at a meeting of the Commission at which aquorurn is present.

(3) A decision of the majority of members present and voting at a meeting of theCommission shall be deemed to be a decision of the Commission.

5. The Minister may on the advise of the Commission, and by order published in theofficial Gazelle from time to time, vary the composition of the Commission.Minister

may varyComposition

6.-(1) Each of the Executive Committee and the Research and DevelopmentAdvisory Committee shall consist of the Chairman of the Commission and not lessComposition

ofCommittees than and not more than fifteen members who shall be elected by the Commissionand one of whom may be elected as its Vice-Chairman.(2) A member of the Centre for Transfer of Technology and the Research and Deve.

lopment Advisory Committee previously he ceases to be a member of the Commissionhold office for a period of three years from the date of his election and shall be eligiblefor re-election.

(3) The Committee shall meet at least four times in every year and at such additionaltimes as may be necessary or expedient for the efficient performance of its business.

(4) A majority of the members of the Committee shall constitute a quorum of any mec-ting of the Committees.

7. Minutes in proper form of each meeting the Commission and the Committeesshall be kept and shall be confirmed by the Commission or the Committee as the castmay be at its next meeting and signed by the Chairman of the meeting.

Confir-mation ofminutes

1986 19Tanzania Commission for Science and TechnologyNo. 7

8. Subject to the provision of this Schedule and, in case of the Committees, to any Commissiondirections given to it by the Commission the Commission and the Committees shallhave power to regulate their own procedures. Committees

to regulateown proceed-ings

9. The Director-General shall act as the Secretary of the Commission, and he or the Secretary ofDeputy Director-General shall attend and act in this capacity at all meetings of the CommissionCommission and the Committees and shall perform such other functions as may be Committeesentrused to him.

10. All deeds instruments, contractors and other documents shall be deemed to be Executionduly executed by or on behalf of the Commission- of deeds etc.

(a) if sealed with the sea] of the Commission;(b) if executed in that behalf by one member of the Commission and an officer of

scientific or technology institutions both of whom have been authorized by theCommission for the purpose.

I 1. Subject to the provisions of the Schedule relating to a quorum, the Commission Commissionand the Committees may act notwithstanding any vacancy in the membership thereofand no act on proceeding shall be invalid by reason only of some defect in the appoint- Committeemeat of a member or a person who purports to be a member. meetings not

to be invalidby reason ofvacancy

SECOND SCHEDULE

Made under Section 12INSTITUTIONS AFFILIATED TO THE COMMISSION

1. (a) Tanzania Agricultural Research Organisation.(b) Tanzania Livestock Research Organisation.(c) Tanzania Industrial Research and Development Organisation.(d) National Institute for Medical Research.(c) Tanzania Engineering Manufacturing and Design Organisation.(f) Centre for Agriculture Mechanization and Rural Technology.(g) Tanzania Bureau of Standards.(h) Uyole Agriculture Research Centre.(i) Building Research Unit.(j) National Construction Council.(k) Tanzania Fisheries Research Institute.(1) Tanzania Forestry Research Institute.(m) Tanzania Wildlife Research Institute.(n) Tanzania Food and Nutrition Centre.(0) Tanzania National Radiation Commission.(p) Tanzania industrial Studies and Consulting Organisation.(q) Institute of Production Innovation of the University of Dar es Salaam.(r) Tropical Pesticides and Research institute.

2. Other Regulatory Institution and Research and Development Centres that maybe is existence or come into being after this Act has been enacted in Parliament.

THIRD SCHEDULEMade under section 14

COMPOSITION OF THE RESEARCH AND DEVELOPMENT ADVISORYCOMMITTEES

1. Advisory Committee on Agriculture and Livestock Research-(i) Director, of the main national Agricultural Research institute (TARO).

and

and

Tanzania Commission for Science and Technology20 1986No. 7

THIRD SCHEDULE -(contd.)

(ii) Dean, Faculty of Agriculture, Sokoine University of Agriculture..(iii) Representatives from the Ministry of Finance, Economic Affairs, and Planning.(iv) Dean, Faculty of Veterinary Science, Sokoine University of Agriculture.(v) Director, Institute of Continuing Education, Sokoine University of Agriculture.(vi) Director of Research, Ministry of Agriculture, Tanzania Mainland and

Zanzibar.(ii) Director, Uyole Agriculture Research Centre.

(iii) Three eminent scientists and other interested persons in Agriculture appointedby the Commission.

2. Advisory Committee on Natural Resources Research-(i) Director, main National Fisheries Research Institute.

(ii) Director, Serengeti Wildlife Research Institute.(iii) Head, Wildlife Department, Sokoine University of Agriculture.(iv) Director, institute of Marine Sciences University of Dar es Salaam.(v) Director, of Fisheries-Zanzibar.

(vi) Director, Geological Survey.(vii) Director, Tanzania Fishing Company.(viii) Three eminent scientists and other interested persons in Natural Resources

appointed by the Commission.(ix) Director-General, Tanzania Forest Research Institute.

3. Advisory Committee on Environmental Research-(i) Head, Environmental Commission.

(ii) Director, institute of Resources Assessment, University of Dar es; Salaam.(iii) Director, Institute of Marine Sciences-University of Dar es Salaam(iv) Director of Tourism-Zanzibar.(v) Head, Department of Geology-University of Dar es Salaam.(vi) Head, Department of Lands, Ministry of Lands, Water and Urban Develop-

ment.(vii) Director of Forestry-Zanzibar.

(iii) Director, Forestry Division, Ministry of Natural Resources and Tourism.ix) Director, Tanzania Fisheries Research Institute.(x) Three eminent scientists and other interested persons in Environmental

matters appointed by the commission.(xi) Registrar, National Radiation Commission.

4. Advisory Committee on Medical Research-(i) Director General, National Institute for Medical Research-

(ii) Director, Preventive Medicine Faculty of Medicine, University of Dar es-Salaam.

(iii) Director, Preventive Medicine, Ministry or Health.(iv) Head, Department or Entomology and Parasitology, Faculty of Medicine,

University of Dar es Salaam.(v) Director, Preventive Medicine, Ministry of Health Zanzibar.

(vi) Director, Tanzania Food and Nutrition Centre.(vii) Head, Department of Pathology, Faculty of Medicine, University of Dar es

Salaam.(viii) Three eminent scientists and other interested persons in the field of Medicine

and Public Health appointed by the Commission,(ix) Director, Traditional Medicine.

5. Advisory Committee on Industrial and Energy Research-(i) Director, Tanzania Industrial Research Development Organization.

(ii) Dean, Faculty of Engineering, University of Dar es Salaam.(iii) Director, Institute of Production Innovation University of Dar es Salaam.(iv) Representative from the Ministry of Industry and Trade.