College of African Wildlife Management Act 1964 (No. 8 of 1964)

TANGANYIKA No. 8 OF 1964 I ASSENT. Ju~ ... ({rJt-.~ • . President . 5. TH MARCH, 1964 An Act to establish the College of .African Wildlife Management [ ............. ; ...................... ] ENACTED by the Parliament of Tanganyika. PART I-PRELIMINARY 1. This Act may be cited as the College of African Wildlife Manage- Short titlo ment Act, • 1964, and ~hall come into operation on such date as the ~oe Minister may by notice in the Gazette appoint. mcnt 2. In this Act, unless the context otherwise requires- Interprota. ti011 "College" means the College of African Wildlife Management; "College year" means such period of twelve months as the Governing Body may determine; ., "decrees" means decrees made by the Governing Body under section 5; "financial year" means the period of twelve months commencing on the first day of Juzy in any year. unless the Governing Body determines any other period of twelve months under section 15; "Governing Body" means the Governing Body of the College established by section 4; "Minister" means the Minister for the time being responsible for matters relating to wildlife; ''member"' in relation to the Governing Body includes the Chairman; "Principal" means the Principal of the College appointed under section 6. 3. The College shall be governed and administered in accordance Ahns of with the. provisions of this Act with a view to providing in Tanganyika the conoao facilities for the training of students in th~ management of the wild life of Africa. 2 Establish• mentand incorpora­ tion of Governing Body Functions of Governing Body No. 8 College of African Wildlife Management PART II-,;,.ES'rABLISBMENT OF GoVERJIING BoDY •1 4.-(1) There is hereby established a ·body to • be, known as the· Governing Body of the College of African Wildlife Management 411d the government. control and administration of the College shall:.,,: vested in the Governing Body in accordance with the provisions of tbis Act. (2) The Governing Body shall...:.. (a) be a body COIJ>Orate in the name of the Governing ·Body of the College of African Wildlife Management with. perpetual-succession· and a common seal; • (b) in its corporate name be capable of suing and being sued; and (c) for and in connection with the purposes of this .Act, :t,e capable of holding~ purchasing and otherwire acquiring and· disposing of any moveable or immoveable property. (3) The provisions of the Schedule hereto shall have effect as to the constitution and proceedings of, and otherwise in relation to. the Governing Body. 5.-(1) The functions· of the Governing Body shall be to govern, control and administer the College and, in particular but without prejudice to the generality of the foregoing, shall include (a) the authorimtion of appropriate and • necessary expenditure within the funds available to the College; • (b) the preparation of the annual estimates and of such annual statements as are required by this Act; (c) the appointment of the members of the staff of the College; (d) subject to the provisions of this Act. the making of decrees relating to (i) the fixing of fees and boarding charges: (ii) the ternis • and codlition..c; of service, including the appoint­ ment, dismissal, salary and retiring benefits o•f members of the staff of the College; (e) the, mak~g of decrees ~ting generally to the academic manage , DJeD.t of the College and m particular to- . ,?, (i) the qualifications. necessary for entrance to the College, the courses of instruction to be providec:r • at the College, the duration and number of College terms and the award of certificates and diplomas to students of the ~llege; ., (ii) the grant of scholarships and studentships. and the revoca­ tion of any such grant. (2) The Governing Body may (a). appoint to the College a Patron and not more than two Vice­ Patrons; (b) affiliate tho College to, or associa~ it.W,ith,.any body or organiza­ tion. whether in 'l'llm:ga.nyika or elsewhere. which is. concerned with higher education. • College·of African Wildlife·· Management PART:•·lll-STAPF 6.-(0 Subject to the provisions of sub~ion (i). the Goveming ~':ft Beefy, ma~ appoint· a Principal of the College w]:lo s:hall be the chief and De)luty adn:unistrative and academic officer of the College arui. who shall be Principal responsible to the Governing Bod:y--, (a) for the proper administration of the Collego in accordance with the policy of the Governing Body'; (b) f<>r. the)~cademic manafWent of the College in accordance with . the policy of the Governmg Body; (c) for the proper enforcement of decrees; and (d) f~ the discipline; of the students of the College. (2) • The appointment of the Principal and his. terms and conditions of. service shall be subject to the approval of. the Mi11ister. (3) The Governing Body may appoint. on such terms and conditions of service as it may determine. a Deputy Principal of the College. (4) The Principal or. in his absence. the Deputy Principal, shall -be entitled to be present and to speak (but not to vote) at any meeting of the Governing Body. 7. The acadeinic members of the staff of the College shall. subject to ="emic the provisions of section 9, be appointed by the Governing Body either (a) on such terms and conditions of service as may be determined by the Governing Body; or (b) in the case of a person seconded to the staff of the College from the service of the Go-vemment or of any other body or organiza­ tion. on such, terms and conditions of service as may be agreed between the Governing Body and t~ seconding body. 8. The administrative staff of the College . shall; subject to the ~mi.:f11:a­ provisions of section 9, be appointed by the Governing Body either (a) on such terms and conditions of service as may be determined by the Governing Body; or , (b) in the case of a person seconded to the staff of the College from the service of the Government or of any other body or organiza­ tion. on such terms and conditions of service as may be agreed between the Governing Body and the seqprung body. 9. The Governing Body.may, subject to such conditions or restrictions Delegation as it m~ impose, delegate to any person or body of persons the power~ ~m;t of appointment of any member of. thF staff of. the .College. . ment • PART IV-FINANCIAL PROVISIONS 10. On the coming into operation of this Act there shall vest in Vesting of the Governing Body by, virtue of this section a.lid without further assets assurance (a) all the funds. assets and property vested or held in th. e name of the College immediately before such coming into operation; (b) all rights and liabilities of the Ccflege then subsisting;under any valid and enforceable contract 'entered•into by it or on·its behalf. 4 Management of assets Funds of the College Borrowing powers Investment Annual estimates Accowits and audit No. 8 College of African Wildl#e Management 11. All the funds. assets· amd. prC>perty; moveable and -immoveable, of the College shall be managed and utilized by the Governing Body in accordance with the provisions of -the Act in such lD8Jlller and for -such . purposes as, in the opinion of the Governing l3ody, would promote the best interests of the College: U. The funds of the College shall consist of.: (a) such sums as may be granted by the Government or by any othet body or organization for the purposes of the College; • (b) all other sums or' P!'OJ?erty which may in any manner become payable to or vested m the Governing Body in respect of any matter incidental to the carrying out of its f1111etions. 13.-(1) The Governing Body may from timct- to 'time borrow sum11 required by it for meeting any of its obligations or -for the purpose of carrying out any -of. its ·functions. . (2) A person lending money to the Governing Body shall not be bound -to inquire whether the borrowing of that money is within the power of the Governing Body. - • • 1.t The Governing Body may invest such part of the funds of the College as are not required for the carrying out-of-the functions of the Governing Body, 15 ..(l) The Governing Body may determine which period of twelve months shall constitute the> financial year of the College and shall cause to be prepared annually" estimategof the reven,ue atl(I ex,~djtq~ of -the 'College for • the ensuing financial year, and such -~tii,nates sball be approved by the Governing Body before the commencement of st;1eh year: Provided that in -the event . of. any chantp in d¥,: ~eial year and for the I?u.rposes o~ the trans1t1on from l>ne ,pnan.efal. Jea( t9 another, the transitional penod, whether more or less than twelYe 'IIlOliths, shall be regarded as if it were a financial year. . (2) In such annual estimates the Gover1:1111g ,·-- ·B ody · ·shdJnll : K ke pl'OVI-· sion for all th e estimated expenditure d~ tbo1 inulCAll:~, and in particular for- , · , ·, . -· (a) the payment of all salaries, passages, pensions, gratuities and other reti.rbJ.g benefits and other charge s J&. ~pect of' the staff of the College; . i - . . . (b) the pa~~ 'otUL11 ffe$ Qr~ in respect of members of the Gove.rDUl@ Bo!~~ . (c) the construction, im.proveni-eitt,· maiatenance and replacement of the buildings, gr~urids and - equipment .of -the- College; (d) the creation of such reser:veUtdids·to meet future or contingent liabilities as thf Goyenilng, Bo~ may think 11.t (3) No expenditure shalt~ ir1curred for the purposes of the College except in accordance with the provisiotls of the annual estimates. 16.-41) The Governing Body shall :keep or cause' to be kept proper accounts and such· accounts together with- • (a) a statement of income and expenditure during the previous financial year; a,nd . (b) a statement· of the a~;·anci' liabilities of the Governing Body on the last day of. such year, . . • • ·· No. 8 College -t African Wildlife Management 1964 shah. es soon as practicable after the end of each financial year, be submitted to and audited by, such auditors as the Governing Body shall appoint. ' (2) The Principal shall, as soon as practicable after the end of each College rear, cause to beJ'repared a report on the working of the College during such year, .an such report, signed by the Principal, shall be subinitted to the Governing Body. PART V""""'"MISCELLANEOUS 17.-(1) The Governing Body may, subject to the provisions of this Rules and Act, make rules for the government, control and administration of the orders College. • • (2) The Principal nffi.y make orders for the better carrying into effect of the powers and duties· conferred or imposed upon him. under the provisions o•this Act. (3) Notwithstanding the provisions of section 7 of the Interpretation Cap, 1 and General Clauses Ordinance, it shall • not be necessary for rules or orders made under this section to be published in the Gazette. .. . (4) The provisions of paragraph (b) of section 25 of the Interpreta­ tion and General Clauses Ordinance shall not apply in respect of rules or orders made under this section. 18. No member -of the Governing Body shall be personally liable Members of fot any act or thing done or omitted to be done by him as such in ~v;r::,r;s good faith and without negligence for the purposes of the College. C,~lly ­. . SCHEDULE • • (Section 4 (3)) ..,.. CONSTITUTION AND PaOCEBDINOS OP GoVI!llNINO BoDY 1.-(1) The Governing Body shall consist of a Chairman and twelve other members Constitution who shall be aow,inated as follows: (a) The Governments of Tanganyika, Kenya and Uganda each shall nominate two members. • (b) The Vice-Chancellor for the University of East Africa shall nominate one member. (c) The Secretary-General of the Commission for Technical Co-operatiao in Africa shall nominate one member. (d) The East African Common Services Organization shall,nominate one member. (e) The remaining three members shall be private memblrs nominated by the other foregoing members of the Governing Body, , ; . (2) The member nominated by the East African Common Services Organization shall be Chairman. . 2.-(1) A private member of the Ooverninfl\ Body shall, unless he otherwise ceases Members' to be a member, hold office for a period of three•years and shall be eligible for re- duration of appointment. • office, etc. (2) A nominated member of the -Governing Body sl!.all, unless he otherwise ceases to be a member, hold office for a period of five years and shall be eligible for re­ appointment. (3) • Apy pri~ate member of. the Governing Body may at !¥1Y tl!ne resign ),y • givin g notice m wntmg to the Chairman and from the date .!!pec1fied m the notice, or 1f no date is specified from the date of receipt by the -Chairman of the notice, he shall cease to be a member of the Governing Body. • (4) If any private member of the Oovefl!,ina Body is, without the permission of the. • Governing Body, absent from more than four consecutive meetings of the Governing· Body or without such permission, is absent from East Africa for a period exceeding • one year, he shall cease to be a member of the Governing Body, s 6 Casual vacancies Quorum :rc1uro, meetlnaa No. 8 College of African W11dlife MaMge,raent 1964 . 3. Whc,ro. an:y ~te .me!Dber of the Govern!!ll.Body .... to be a. me.ml,er~·. the nonnal • expiration of his term of. office, · the Chairman; alter Q)lllultma • . bers, may appomt another person in his stead to· hold office until such firit.n ~•s term or office would have expired had he not ceased to be a membet 111 • afenaald. . ' . • -. 4.-(l) The Govemint1 Body shall meet a~rv,u:h ~ u may be nocoaary or 1ptped,ient for the transaction of business. , • • ' qu~ IIIIY meeting of the Governing ¥Y six membe,I thmof ~ constitute a (3) Tho Governlni Body may elect lllY member thmof to bo V'i.ce-Cbalrmln of the Body. · • (4) At any ~ of the Governing Body the Oiairman shall preside, or ln the absence of the Chairman if a Vi.co-Chairman has been ~lected the Vico-Olairman shall preside, or if no Vic:e-Chairman bu been electell ot it tho Vice-Chairman is absent the members Rffilfflt at tho mootina: shall elect one of tlleir number to be Chiurman for that meeting.· • (5) In the event of an equality of vo~ the Chai'4 of the meeting shall have a oasting vote in addition to his deliberative vote. • . (6) Minutes in proper fonn of each meetina of the powmq Bod)'· shall be kept 1111d shall be confirmed l?Y the Governing Body at the neii:t meeting an~od . by the Oiairman of the meeting. . , (7) All ~ matten and thinJls authorized or ,equired to be done by the Oovernina Body shall be dec:idod by resolution at a meetina of the Goverflin& Body at whicli a quorum is present. (8) A decision of the majority of members ~ and votinJ at a • meeting of the Ooveming Body shall be deemed to be a decinon of the Govemina BocJ7, • (9) The Seal of tile. Ooveinin~ Body shall be affixed by the Chairman, Vice.Chairman or temporary chairman and Witnessed by two memborli thereof. . V~ .. -5:LSubject to the J>!Ovisions of paragraph 3 .ting to a quorµm, the Governing etc not to DOIIY. may act notwithstanding any ~ in the membershi.p thereof and no act , inftlidate or procee<ling of the Governing '°'1Y shall be invalid by reason. only of some ~ pr-,. . in the appointment of a person who purports to be a member. "i . . . Members 6. Tho members may, if the Governing Body so d~ be reimbursed for ~ to be .· reasonable expenses incurred by them in tlle •• COUTSO of their duties, • Nimbursed Passed in the National Assembly on' the eighteenth day of February. 1964. . -~~~~ .......... . Clerk of the National Assembly Printed by the Govemmmt Printer, Dar es Salaa111,