THE NATIONAL PRODUCTIVITY COUNCIL ACT, 1981
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
Section	_Title
 1.	Short title and commencement.
 2.	Interpretation.
PART 11
THE NATIONAL PRODUCTIVITY COUNCIL
3. Establishment of the National Productivity Council.
 4.	Functions of the Council.
 5.	General Powers of the Council.
 6.	Secretary of the Council.
 7.	The Staff of the Council.
 8.	Delegation Of Powers of appointment.
 9.	Boards and other Committee.
10. Information on Productivity, incomes and prices. I1. Council may call for information on research.
12.	Minister may give directions.
PART III
FINANCIAL PROVISIONS
 13.	Funds of the Council.
 14.	Annual estimates.
 15.	Accounts and audit.
 16.	Laying of reports before National Assembly.
SCHEDULE
1

No. 20	National productivity Council	1981	3
THE UNITED REPUBLIC OF TANZANIA

No. 20 OF 1981

An Act to establish the National Productivity Co
vide for matters connected with and incidental to the establishment of that Council
enacted by the Parliament of the United Republic of Tanzania
PART I
PRELIMINARY
1.	This Act may be cited as the National Productivity Council $totjtitle
1981, and shall come into operation on such date as the Minis ter ma
by notice in, the Gazette appoint.	^men
2.	In this Act, unless the context otherwise requires-	Interpreta-
''the Chairman" means the Chairman of the Council-,               ^tion
-committee- means a committee established under and in accordance
with the provisions of section 9;
''the Council" means the National Productivity Council established
under section 3; ''member" in relation to the Council means a member of the Council
and include 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 for the time being responsible for
Economic Planning;
-Secretary" means the officer appointed by the President to be the Secretary to the Council.

4
4
No. 20

National Productivity Council

1981

Establishment or the National Productivity Council
Functions of the council

PART II
THE NATIONAL PRODUCTIVITY COUNCIL
3.-(l) There is hereby established a Council to be known as the National Productivity Council.
(2)	The Council shall be a body corporate and shall-
 (a)	have perpetual succession and an official seal; ,
 (b)	in its corporate name, be capable of suing and being sued;
 (c)	subject to this Act, be capable of holding, purchasing or acquir
ing in any other Way, any movable or immovable property, and
of disposing of any of its properties for the purposes of carrying
out the functions conferred on the Council by this Act.
(3)	The provisions of the Schedule to this Act shall have effect in
respect of the constitution of the Council, its proceedings and other
matters relating to it.
(4)	The Minister may, by order published in the Gazette, amend,
add to, vary or replace any of the provisions of the Schedule to this Act.
4. The functions of the Council shall be-
 (a)	to advise the government and other public institutions on the
formulation and the implementation of' the national policy on
productivity, incomes and prices;
 (b)	to advise the government on ways and means of strengthening
the national economy;
 (c)	to devise appropriate methods of establishing production
targets and efficiency standards for industrial production both
in the public and private sector;
 (d)	to give advise to the government and other institutions responsi
ble for the implementation of the policy on productivity, incomes
and prices on the necessary qualifications, skills, experience
and ability required of the top management of public institutions;
 (e)	to advise the government and public institution on the various
forms of motivating workers and peasants;
(f)	to advise the government on the review of salaries and minimum
wages;
(g)	to advise institutions engaged m. the production and service
sectors on how to improved productivity;
(h) to establish and operate a system of documentation and dissemination of information relating to productivity;
(1)	to advise the government on how the private sector can imple-
ment the policy on productivity, income and prices.
(2)	For the purposes of the better performance of its functions the
Council shall maintain a system of collaboration, consultation and
co-operation with the National Institute of Productivity established by

5
5
No. 20	National -Productivity Council

1981

'the National Institute of Productivity (Establishment) Order, 1974,G.n. 1974 the Tanzania National Scientific Research Council established bytheNo. 124 Tanzania National Scientific Research Council Act 1968, the Stan Committee   Organizations. the Permanent Labour Tribu established under tile Permanent Labour Tribunal Act. 1967,
Price Commission established under the Regulation of Prices 1973, Jumuiya ya Wafanyakazi Tanzania established Under hJ^j muiya ya Wafanyakazi Tanzania  Act, 1979, and with any otherNo 19 Person or body of persons established by Or under any writtenActs 19^79 law and having functions related to those specified in sub-section (1)N
(3) The Council shall in the Performance Of its functions be guided by and comply with the terms and contents of the national policy on productivity, incomes andprices;
5. The Council may, for the purpose  of carrying out its functions _eral under this Act. do all such acts as appear to it to be requisite, advanta.Gener^alPower _of geous or convenient for or in connection with the carrying out ofPower ofthe council those functions or to be incidental to their proper performance and may carry On MY activities in that behalf either alone or m association with any other person or body of persons.
6.-(1) There shall be a Secretary of the Council who shall beSecretary of appointed by President on such terms and conditions as the PresidentSecretary ofthe council
may determine.
 (2)	The Secretary shall be the chief executive officer of the Council
and shah be responsible for co-ordinating the whole of the work of
the Council.
 (3)	Subject to the Provisions of this section. the Secretary shall
have such other functions as may be conferred upon him by the
Council.
 (4)	Where the Secretary is not a member of the Council, he shall
have no power to vote at any meeting of the Council.
7. The Council shall establish a secretariat, and may appoint onsuchTh_e Sta_ff _of terms and conditions as it may determine, such number of officers of theThe Staff ofthe co_uncil Council to serve on the secretariat as it may consider appropriate for the Performance of the functions of the Council.
8. The Council May, subject to such conditions as it May impose,Dele_gation of
delegate to any person or body of persons, the power of appointmentpower of
to any office or offices on the staff of the Council.	appointment
9.-(1) Subject to the approval of the Minister; the Council may,B_oard_s are from time to time establish such Boards and committees as i consider necessary for the purpose of facilitating the carrying the, object of the Council.
(2) The Council shall prescribe the composition, powers, duties and procedures of a ll committees and Boards and, subject to the provisions of this Act, may delegate to any such committee or board any of its powers or functions other than the power of approving estimates conferred by Section 14.

6
6
 No. 20

 National Productivity Council

 1981

vit
and prices
information on research
ire-ctions
Minister may give d^ire-
Funds of the council

(3)	The Council may appoint on any committee or board established
under this section any person notwithstanding that the person is not
a member of the Council but any Person SO appointed shall have no
power to vote:
Provided that in no case shall the number of members of any committee or board who are not also members of the Council exceed one third of the total number of the members of the Committee.
(4)	For the purposes of this section, the Secretary shall be deemed
to be a member Of the Council-
 10.-(1) Every person engaged, or intending to engage in research  ^m ^tne ^^e^ b °f productivity', incomes or prices within the United Republic shall,athis own expense. furnish to the Council information relating to that research and shall make available to the Council copies of any relevant records or findings in such form and within such periods as may be prescribed.
(2)	Any person who contravenes or fails to comply with subsection
(1) shall be quilty an offense and shall be liable on conviction to
a fine not exceeding ten thousand shillings' but no person shall be prosecuted for any offence under this section within six months after the commencement of this Act.
(3)	Notwithstanding subsection (1),, the Council may enter into
arrangement with organizations engaged in research in, or activity
relating to, productivity, incomes or prices for the purposes of establish
ing a system of exchanging information relating to research in. of acti-
vity, relating to. productivity, incomes and prices.
.-(1) The Council may require in writing any person or body  of persons engaged in research in or activity relating to, productivity,  incomes or prices within the United Republic to, furnish to it suc~h information relating to that research or activity as the Council may specify.
(2) Every person or body of persons which is required to furnish information under subsection (1) shall comply with the requirement and any person or body of persons which refuses or fails to comply with that requirement shall be guilty of an offence and shall be liable on conviction to a fine not exceeding fifteen thousand shillings.
 12. The Minister may give to give to the Council directions of a  general or specific character regarding the performance by the Council of any of its functions under this Act, and the Council shall give effect to every direction given 10 It-
PART I
FINANCIAL PROVISION
 13.-(1) The funds and resources of the Council shall consist of-
 (a)	such sums as may be provided for that purpose to the Council
by Parliament, either by way of grant or loan;
 (b)	such donations, grants, bequests and loans as the Council may,
from time to time receive from any Person or organization.

7
7
No. 20	National Productivity Council	1981
(c) any sums or property which may vest in the Council under this Act or any other written law or which may vest in the Council in any other manner in the performance of its functions.
(2) The funds and resources of the Council shall be applied for the purposes for which the Council is established under this Act.
14.-(1) The Council shall, in respect of each financial year, cause to be prepared estimates of the expenditure and revenue of the and those estimates shall be approved by the Council before the commencement of the relevant financial year.
 (2)	If in any financial year the Council requires to make any
disbursement not provided for or of any amount in excess of the
amount provided for in the annual budget for that year, the Council
shall, at a meeting pass a supplementary budget detailing that disbur
sement.
 (3)	The annual budget and every supplementary, budget shall' be
in such form and include such details as the Minister may direct.
 (4)	Forthwith upon passing any annual budget or any supplementary
budget, the Council shall submit to the Minister for his approval
the annual budget or as the case may be. any supplementary budget.

 (5)	The Minister shall, upon receipt of the annual budget or any
supplementary budget, approve or disapprove it or may approve it
subject to such amendment as he may deem fit.
 (6)	Where the Minister has approved any annual budget or any
supplementary budget, the budget or, as the case may be, the sup
plementary budget, shall be binding on the Council which, subject to
subsection (7), shall confine the disbursements of the Council within
the items and amounts contained in the applicable estimates as approved
by the Minister.
 (7)	The Council may-

 (a)	with the sanction in writing of the Minister, make a disburse
ment not withstanding that the disbursement is not provided
for in any budget;
 (b)	adjust expenditure limits to take account of circumstances not
reasonably foreseeable at the time the budget has prepared, subject
to submitting a supplementary budget to the Minister within
two months of the alteration of expenditure limits becoming neces
sary.
15.-(1) The Council shall cause to be provided and kept properAccounts
books of account and records with respect to-	Accountsand audit
 (a)	the receipt and expenditure of moneys by, and other financial
transactions of the Council-,
 (b)	the assets and liabilities of the Council; and shall cause to be
made out for every financial year a balance sheet showing details
of the income and expenditure of the Council and all its assets
and, liabilities.

8

No. 20

National Productivity Council

1981

Acts, 1968 No. 1
Laying of reports before National Assembly

 (2)	Within six months of the close of every financial year a balance
sheet showing details of the income and expenditure of the Council-
in respect of that financial year shall be submitted for audit by the
Tanzania Audit Corporation established by the Tanzania Audit Cor
poration Act, 1968.
 (3)	Every audited balance sheet shall be placed before a meeting
of the Council which, if it adopts it shall endorse the balance sheet
with a certificate that it has been so adopted.
 (4)	As soon as the accounts of the Council have been audited, and
in any case not later than six months after the close of the financial
year, the Council shall submit to the Minister a copy of the audited
statement of accounts together with a copy of the report, made by
the auditors on the statement of accounts.
16.-(l) The Minister shall, as soon as practicable after he has
received them and in any case not later than eight months after the close of the financial year or such longer period as the National
Assembly may, by resolution, approve in that behalf, lay before the National Assembly the following documents in relation to that financial year-
 (a)	a copy of the audited balance sheet and profit and loss state
ment of the Council;
 (b)	a copy of the auditor's report on the audited accounts of
the Centre;
 (c)	a copy of the Council's report dealing with its activities du
ring that financial year.
(2) Where at the end of six months from the close of the financial year the Minister has not received from the Council the documents specified in this Section   he shall before the expiry of the seventh month after the close of financial year, or so, soon after non-receipt of the documents as the National Assembly meets, cause the National Assembly, by resolution, to approve such longer period it may determine within which the Minister shall lay the documents before the National Assembly.

Composition Of council:

SCHEDULE
1. The Council shall consist of-
(a)	The Principal Secretary, Ministry of Economic Planning, who shall be the
Chairman;
(b)	Principal Secretary from each of the following Ministries:-
(i) the Ministry of Labour and Social Welfare;
(ii) the Ministry of Manpower Development and Administration; (iii) the Ministry of Trade; (iv) the Ministry of Industries;
(v) the Ministry of Agriculture; (vi) the Ministry of Lands;

9
9
No. 20	National Productivity Council	1981

SCHEDULE- (contd.)
not less than fifteen other members who shall be appointed by the Minister
from among persons nominated, one each by:-
i) the Standing Committee on Parastatal Organizations; ii) the Permanent Labour Tribunal; iii) the National Institute of Productivity; iv) the Association Of Tanzania Employers; v) the National Price Commission; (vi) Jumuiya ya Washirika Tanzania; (vii) the Bureau of Standards;
(viii) the Economic Research Bureau of the University of Dar es Salaam; (ix) the Bureau of Statistics; (X) the Tanzania Audit Corporation; (xi) the Income Tax Department; ii) the Planning Commission, Zanzibar; (xiii) Jumuiya ya Wafanyakazi, Tanzania; (xiv) the Attorney-General;
(xv) the Tanzania Association of Parastatal Organizations.
(d) five other members appointed by the Minister from among Persons with the necessary experience in economic and Scientific matters or who, in his opinion may assist the Council in its deliberations.
2. The Members shall elect one of their number to be the Vice-Chairman Council, and any member elected as Vice-Chairman shall, subject to his continuingman to be a member hold office for a term of one year from the date of election, and shall be eligible for re-election.
3.-(l) A member shall, aimless his appointment issooner terminated by the PresidentT_enure _of or, as the case may be, by the Minister or he ceases in any other way to be a m hold office for the period specified by the President in the case Of the Chairman or by the Minister, in the case of any other member, in the instrument of his appointment or if no period is so specified, for a Period of three years from the date of his appointmente and shall be eligible for re-appointment.
(2) Any member appointed under paragraph (a), (c) or (d) may at any time resign his Office by giving notice in writing to the President or, as the case may be, to the Minister, and from the date specified in the notice or, if no date is so specified, from the date of the receipt of the notice by the President or the Minister, he shall cease to be a member.
4. If a member of the Council who is a member by virtue of his holding some otherAb_sent _mem-office is unable for any reason to attend any meeting he may nominate in writing anotherber to be
Person from his organization to attend that meeting in his place.	representedat meetings
5. Whore any member ceases to be a member for any reason before the	es
of his term of office, the appointing authority may appoint another in his place        an
Person so appointed shall hold Office for the reminder of the term Of office of
his Predecessor.
6.-(1) The Chairman shall Preside at all meetings of the Council.	„
 (2)	Where at any meeting of the Council the Chairman is absent the Vice-Chairman andChairman
shall Preside.	and Vice-
 (3)	In the absence of both the Chairman and the Vice-Chairman at any meeting of thechairman
Council, the members present may, from amongst their number elect a temporary
Chairman who shall Preside at the meeting.
(4)	The Chairman, Vice-Chairman or a temporary Chairman preciding at the meeting
of the Council, shall have a vote and in the event. of an equality of votes, shall have
a casting vote in addition to his deliberative vote.

No. 20	National Productivity Council	1981	10
SCHEDULE -(contd.)

7.-(1) The Council shall ordinarily meet for the transactions of its business not lessmeeting _and than twice during every year and at such additional times as may be fixe_d by,m_eet_ing andproced_ure the Chairman or, if he is absent from the United Republic or unable for any reason toactof the
the Vice-Chairman.	^council
 (2)	The Chairman or, in his absence from the United Republic, the Vice-Chairman
may, and upon application in writing by at least five members, shall convene a special
meeting of the Council at any time.
 (3)	The Secretary of the Council shall give to each member adequate notice of the
time and place of each meeting.
 (4)	The Council may invite any person who is not a member to participate in the
deleberation at any any meeting of the Council, but any person so invited shall not be
entitled to vote.
8. At any meeting of the Council not less than one half of the members in officeforQ^uorum the time being shall constitute a quorum.
9.-(l) subject to the provisions relating to a casting vote, all questions at a meetingDecisi_ons _of of the Council shall be determined by a majority of the votes of the members present.the council
(2) Notwithstanding sub-paragraph (1), a decision may be made by the Council without a meeting by circulation of the relevant papers among the members, and the expression in writing of the views of the majority of the members.
10.-(1) The Council shall cause to be recorded and kept minutes of all business conducted or transacted at its meetings and the minutes of each meeting of the Council shall be read and confirmed, or amended and confirmed, at the next meeting of he Council and signed by the person presiding the meeting.
(2) Any minutes purporting to be signed by the person presiding at a meeting of the Council shall, in the absence of proof of error, be deemed to be a correct record of the meeting whose minutes they purport to be.
11. The validity of any act or proceeding of the Council shall not be effected by anyVacanies vacancy among its members or by any defect in the appointment of any of them.   etc.
not to invili-date procee-
12. All orders, directions, notices or other documents made or issued on behalf of the
Council shall be signed by:-	Orderdirections
 (a)	the Chairman of the Council; or
 (b)	the Secretary or any office or officers of the Council authorized in writing in that
behalf by the Secretary.
13. The Sea] of the Council shall not be affixed to any instrument except intheSeal of the presence of the Chairman or the Secretary or some other officer of the Council a_nd at least one member of the Council.
14. subject to the provisions of this Schedule, the Council may regulate itsCouncil may
own proceedings.	regulate
its proceedings
Passed in the National Assembly on the twentieth day of October,

1981.	,1
Printed by the Government Printer, Dar es Salaam-Tenzania