NATIONAL YOUTH COUNCIL ACT
[PRINCIPAL LEGISLATION]
ARRANGEMENT OF SECTIONS
Section
Title
PART I
PRELIMINARY PROVISIONS
1. Short title.
2. Interpretation.
3. Objectives of the Act.
PART II
ESTABLISHMENT, POWERS AND FUNCTIONS OF THE COUNCIL
4. Establishment of the Council.
5. Composition of the Council.
6. Functions of the Council.
7. Powers of the Council.
8. Structure of the Council.
9. Regional Youth Council.
10. District Youth Council.
11. Ward Youth Council.
12. Delegation by the Council.
13. Disclosure of interest.
14. Secretariat.
15. Appointment of an Executive Secretary.
16. Duties of the Secretary.
PART III
MEETINGS OF THE COUNCIL
17. General Assembly.
18. Regional Youth Assembly.
19. District Youth Assembly.
20. Ward Youth Assembly.
PART IV
ESTABLISHMENT AND FUNCTIONS OF THE BOARD
21. Establishment of the Board.
22. Functions of the Board.
23. Conduct of business of the Board.
PART V
FINANCIAL PROVISIONS
24. Funds of the Council.
25. Annual estimates.
26. Accounts and audit.
PART VI
GENERAL PROVISIONS
27. Regulations.
SCHEDULES
NATIONAL YOUTH COUNCIL ACT
An Act to establish the National South Council; to provide for its incorporation, powers and functions; to provide for existence of General Assembly, Regional District Councils and for matters related thereto.
Act No. 12 of 2015
PART I
PRELIMINARY PROVISIONS (ss 1-3)
(1) This Act may be cited as the National Youth Council Act.
(2) This Act shall apply to Mainland Tanzania.
In this Act, unless the context otherwise requires–
“Board” means the Council’s Advisory Board established under section 15(1);
“Council” means the Youth Council of Tanzania established under section 4;
“General Assembly” means an assembly established under section 17;
“financial year” means the period of twelve months ending on the thirtieth June in each year;
“Minister” means the Minister for the time being responsible for youth affairs;
“National Youth Development Policy” means a national policy on youth formulated by the Ministry for the time being responsible for youth affairs; and
“youth” means, for the purpose of this Act, a person aged between fifteen and thirty-five years.
The objectives of the Act shall be to–
(a) provide a platform for implementation of youth issues at Ward, District, Regional, national and international levels;
(b) promote volunteerism and self reliance among youth;
(c) advise the Government on matters relating to youth development;
(d) facilitate youth to accept responsibilities so as to enable them to practice good values, ethics and good conduct;
(e) create conducive environment for youth participation in matters relating to decision making;
(f) build networking among the youth and other stakeholders; and
(g) promote solidarity among the youth, despite of the differences in race, ethnics, political, social, economic, religious, cultural, gender and geographical locations.
PART II
ESTABLISHMENT, POWERS AND FUNCTIONS OF THE COUNCIL (ss 4-16)
4. Establishment of the Council
(1) There is hereby established a Youth Council of Tanzania.
(2) The Council shall be a body corporate with perpetual succession and a common seal and shall, in its corporate name, be capable of–
(a) suing and being sued;
(b) purchasing or otherwise acquiring, holding or charging of movable and immovable properties;
(c) disposing of movable and immovable properties;
(d) borrowing money; and
(e) doing or performing such other things or any act necessary for the proper performance of its functions under this Act, which may lawfully be done by a body corporate.
(3) Membership of the Council shall be open and voluntary to–
(a) youth from the respective Ward;
(b) youth organisations registered in accordance with the relevant laws;
(c) youths elected by the Ward Development Committee.
(4) The Council shall be a non-partisan organisation and shall not in–
(a) performing its functions;
(b) exercising its powers; or
(c) discharging its duties,
deliberate or provide a platform for deliberation on political ideology of a political party.
(5) Matters relating to remuneration of members, tenure of office, meetings and other procedural matters of the Council shall be as set out in the First Schedule to this Act.
(1) The Council shall be composed of–
(a) a Chairperson and the Vice-Chairperson elected by the General Assembly;
(b) one representative of a Regional Youth Council; and
(c) the Secretary appointed under section 13 of this Act.
(2) The Council may co-opt any person to attend any of its meeting provided that such person shall have no right to vote.
(3) A person shall not be appointed a Chairman unless such person–
(a) possesses at least an undergraduate degree from a recognised institution;
(b) has demonstrated ability to provide youth leadership and youth mobilisation;
(c) is knowledgeable in, or has actively contributed to the promotion of youth development agenda;
(d) is of high integrity, ethical and responsive to the needs and aspirations of youth; and
(e) is a youth and a citizen of Tanzania.
(4) An appointment under subsection (1)(a), shall be by name and be published in the Government Gazette.
The functions of the Council shall be to–
(a) inspire and promote the spirit of unity, patriotism, volunteerism, self reliance and community service among youths;
(b) promote research, collation and analysis of data on youth issues;
(c) promote relations between youth organisations and other bodies both nationally and internationally with similar objectives or interests;
(d) promote and popularise the National Youth Development Policy and other policies that affect youths;
(e) recognise the activities and initiatives relating to youths being undertaken by youth groups, youth focused community based organisations, non-governmental organisations, civil society movements and other organisations;
(f) sensitise and advocate gender equality among youths;
(g) advocate of matters relating to persons with disabilities among youths;
(h) advise the Government on matters relating to the national youth development policy and youth agenda;
(i) review the National Youth development Policy and other policies that affect youth and advise the Government;
(j) advocate on matters concerning youth with disabilities in both national and international levels;
(k) fundraise, in accordance of laws of the country for youth development programs;
(l) initiate and launch related programs that promote agricultural, educational, financial, technological, social and cultural aspects;
(m) promote the inclusion of youths in decision making bodies, boards, agencies and other public institution and organisations; and
(n) promote the inclusion of youths’ agenda in the formulation of policy by public institutions and organisations.
(1) The Council shall have powers necessary for the proper performance of its functions under this Act and, in particular but without prejudice to the generality of the foregoing, shall have powers to–
(a) enter into contracts;
(b) manage, control and administer its assets in such manner and for such purposes so as to promote the purpose for which the Council is established;
(c) receive any gifts, grants, donations or endowments made to the Council or any other moneys in respect of the Council and make disbursements therefrom in accordance with the provisions of this Act;
(d) with the approval of General Assembly, enter into association with such bodies and or organisations within and outside Tanzania as it may consider appropriate in furtherance of the purpose for which the council is established;
(e) open a banking account or banking accounts for the funds of the Council into which all moneys received by the Council shall be paid and out of which all payments made by the Council shall be made;
(f) form any committee to assist in the performance of functions of the Council.
(2) Where the Council receive any gifts, grants or donations it shall declare the same to the Minister.
(3) The Council may, in writing, authorise a member or an employee to exercise on its behalf, any of its powers as it may specify, but the exercise of such powers shall, to the extent required by the Council, be reported within the specified time to a meeting of the Council.
The structure of the Council shall consist of–
(a) the National Youth Council;
(b) the Regional Youth Council;
(c) the District Youth Council;
(d) the Ward Youth Council; and
(e) the Secretariat.
(1) There shall be a Regional Youth Council in respect of each Region.
(2) The Regional Youth Council shall be composed of such number of members not exceeding fifty persons.
(3) The functions of the Regional Youth Council shall be to–
(a) advise the Regional Administrative Secretariat on issues relating to youths development at Regional level;
(b) nominate two youths to be appointed for the General Assembly;
(c) elect the Chairperson and Secretary of the Regional Youth Council; and
(d) perform any other functions as may be directed by the Council.
(4) Matters relating to mode of appointment of members of the Regional Youth Council, meetings, quorum and other procedural matters of the Regional Youth Council shall be as set out in the Second Schedule to this Act.
(5) The Regional Youth Council shall be assisted by a Regional Youth Secretariat and perform other functions as may be directed by the Executive Secretary.
(1) There shall be a District Youth Council in respect of each District.
(2) The District Youth Council shall be composed of representatives of Youth from each Ward as may be determined by respective District Council.
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(3) The functions of the District Youth Council shall be to–
(a) advise the District Administrative Secretariat on issues relating to youths development;
(b) elect members of the District Youth Council;
(c) elect the Chairman and Secretary of the District Youth Council;
(d) perform any other functions as may be directed by the Council or Regional Youth Council.
(4) Matters relating to mode of appointment of members of the District Youth Council, meetings, quorum and other procedural matters of the District Youth Council shall be as set out in the Third Schedule to this Act.
(5) The District Youth Council shall be assisted by a District Youth Secretariat and perform other functions as may be directed by the Executive Secretariat or a Regional Youth Secretariat.
(1) There shall be a Ward Youth Council in respect of each Ward.
(2) The Ward Youth Council shall be composed of not more than twenty-five members from village or street within the respective Ward.
(3) The functions of the Ward Youth Council shall be to–
(a) advise the Ward Secretariat in all matters relating to Youth Development at Ward level;
(b) elect members of the Ward Youth Council;
(c) elect the Chairperson and Secretary of the Ward Youth Council;
(d) in collaboration with the Ward Secretariat, perform any other function as may be directed to it by the Executive Secretary or District Secretariat;
(e) perform all functions as directed by the National Youth Council through District Youth Council.
(4) Matters relating to mode of appointment of members of the Ward Youth Council, meetings quorum and other procedural matters of the Ward Youth Council shall be as set out in the Fourth Schedule to this Act.
The Council may, in writing and by resolution either generally or specifically, delegate to the Executive Secretary or a member of staff of the Council, the exercise of any of its powers or the performance of any of its functions.
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(1) Where a member is directly or indirectly interested in any contract, proposed contract or other matter before the Council and is present at a meeting of the Council at which the contract, proposed contract or any other matter is the subject of consideration, that member shall, at the meeting and as soon as practicable after the commencement thereof–
(a) disclose the fact and shall not take part in the consideration or discussion of the contract or any other matter;
(b) not vote on any questions with respect to the contract or any other matter; and
(c) not be counted in the quorum of the meeting during the consideration of the matter.
(2) Where the majority of the members present are of the opinion that the experience or expertise of such member is vital to the deliberations of the meeting, the Council may permit the member to participate in the deliberations subject to such restrictions as it may impose but such member shall not have the right to vote on the matter in question.
(3) At a meeting of the Council it shall be necessary for a member who has interest on the subject matter of determination to disclose interest on the subject matter and shall thereafter stand disqualified during deliberation on that matter.
(4) A disclosure of interest made under this section shall be recorded in the minutes of the meeting at which it is made.
(5) Despite the provisions of subsection (4) a member of the Council, Board or Committee commits an offence and is liable to a fine of one million shillings.
(1) There shall be a Secretariat of the Council.
(2) The Secretariat shall be under the leadership of an Executive Secretary who shall be a Secretary to the Council.
(3) The Executive Secretary shall be assisted by such number of staff as is necessary for effective discharge of functions of the Council.
15. Appointment of an Executive Secretary
(1) The Executive Secretary shall be a youth appointed by the Minister from a list of three persons recommended by the Council.
(2) A person shall be qualified for appointment as an Executive Secretary who–
(a) possesses at least an undergraduate degree from a recognised institution;
(b) has demonstrated ability to provide youth leadership and youth mobilisation;
(c) is knowledgeable in, or has actively contributed to the promotion of youth development agenda;
(d) is of high integrity, ethical and responsive to the needs and aspirations of youth; and
(e) is a youth and a citizen of Tanzania.
(3) The Executive Secretary shall hold office for a period of five years or until he attains the age of thirty-five years, whichever event is the earlier, on such terms and conditions as the Council may, determine.
(4) The Executive Secretary shall be an ex officio member of the Council and shall have no right to vote at a meeting of the Council.
(1) The Secretary shall, upon directions of the Council, discharge the following duties–
(a) carrying out of direction of the affairs and transactions of the Council;
(b) exercising, discharging and performing of its objectives, functions and duties.
(2) The Secretary shall–
(a) ensure the maintenance of efficiency and discipline by all staff of the Council;
(b) manage the budget of the Council to ensure that its funds are properly expended and accounted for; and
(c) perform such other duties as the Council may, from time to time, assign.
(3) Subject to paragraph (a) of subsection (2), the Council shall be a disciplinary authority for its members and staff.
(4) For the purpose of subsection (3), the Secretary shall initiate or forward all complaints made to a committee of the Council specifically formed before being submitted to the Council for decision making.
(5) The Minister shall make regulations prescribing for matters relating to procedure for receiving and handling complaints and other related matters.
(6) The Secretary shall, not later than three months before the commencement of each financial year, submit to the Council for approval, a programme of activities of the Council in respect of that financial year.
(7) The Secretary shall, with approval of the Council, recruit such number of staff as may be appropriate for the day to day functions of the Council.
PART III
MEETINGS OF THE COUNCIL (ss 17-20)
(1) The General Assembly shall be the highest decision making body of the Council.
(2) Functions of the General Assembly shall be to–
(a) elect the Chairperson of the Council;
(b) nominate members of the Advisory Board;
(c) approve development plans, strategies and programmes of the Council; and
(d) receive, evaluate and approve implementation of plans strategies and programme reports.
(3) The General Assembly shall be composed of–
(a) the Chairperson of the Council;
(b) a Chairman and a Secretary of each Regional Youth Council;
(c) every Chairperson of the District Youth Council;
(d) the Executive Secretary; and
(e) five seats specifically for youth with disabilities:
Provided that one third of the persons elected shall be of either gender.
(4) Matters relating to meetings, quorum and other procedural matters of the General Assembly shall be as set out in the Fourth Schedule to this Act.
(1) The Regional Youth Assembly shall be the highest body in matters relating to youths at the Regional level.
(2) The Regional Youth Assembly shall be composed of–
(a) the Chairman of the Regional Youth Council;
(b) not more than thirty members of a Regional Youth Council;
(c) two representatives who are members of youth organisation from each district other than members of the Regional Youth Council; and
(d) Secretary of the Regional Youth Council.
(3) Functions of the Regional Youth Assembly shall be to–
(a) elect a Chairperson of the Regional Youth Council;
(b) implement development plans, strategies and programmes of the Council at Regional level;
(c) propose agenda to the General Assembly; and
(d) perform any other functions as may be directed by the General Assembly.
(4) Matters relating to meetings, quorum and other procedural matters of the Regional Youth Assembly shall, with necessary variations, be as set out in the Fourth Schedule to this Act.
(1) The District Youth Assembly shall be the highest body in matters relating to youths at the District level.
(2) The District Youth Assembly shall be composed of–
(a) the Chairman of the District Youth Council;
(b) Secretary of the District Youth Council; and
(c) not more than thirty members of the District Youth Council;
(d) thirty representatives from registered youth organisation within the District other than members of the District Youth Council.
(3) Functions of the District Youth Assembly shall be to–
(a) elect a Chairperson of the District Council;
(b) implement development plans, strategies and programmes of the Council at District level;
(c) propose agenda of the General Assembly through the Regional Youth Assembly; and
(d) to perform any other function as may be directed by the General Assembly.
(4) Matters relating to meetings, quorum and other procedural matters of the District Youth Assembly shall, with necessary variations, be as set out in the Fifth Schedule to this Act.
(1) The Ward Youth Assembly shall be the highest organ in matters relating to youths at Ward level.
(2) The Ward Youth Assembly shall be composed of–
(a) the Chairperson of the Ward Youth Council;
(b) the Secretary of the Ward Youth Council;
(c) three representatives from youth organisation or youth groups from the streets or village within the Ward;
(d) two representatives from each village or street.
(3) Functions of the Ward Youth Assembly shall be–
(a) elect a Chairperson of the Ward Youth Council;
(b) implement development plan, strategies and programmes of the Council at Ward level;
(c) to perform any other function as may be directed by Ward Youth Council General Assembly.
PART IV
ESTABLISHMENT AND FUNCTIONS OF THE BOARD (ss 21-23)
21. Establishment of the Board
(1) There shall be a Council Advisory Board.
(2) The Board shall be composed of–
(a) a Chairman appointed by the President;
(b) the Chairman of the Youth Council of Tanzania;
(c) the Director of Youth Development Department;
(d) a law officer representing the Attorney-General; and
(e) five youths elected by the Council and approved by the Minister.
(3) A person shall not be appointed as a Chairman unless such person–
(a) possesses at least an undergraduate degree from a recognised institution;
(b) has demonstrated ability to provide youth patronage, leadership and youth mobilisation;
(c) is knowledgeable in, or has actively contributed to the promotion of youth development agenda; and
(d) is of high integrity, ethical and responsive to the needs and aspirations of youth.
(1) The principal function of the Board shall be to advise the Council generally on the exercise of its powers and the performance of its functions under this Act.
(2) The Board shall have such other functions as may be conferred on it by or under this Act.
23. Conduct of business of the Board
(1) The business and affairs of the Board shall be conducted in accordance with the provisions of this Act.
(2) The members of the Board shall be paid such remuneration, fees, allowances and disbursements for expenses as may be approved by the Minister.
(3) The Board may invite any person to attend any of its meetings and to participate in its deliberations but such a person shall not have a right to vote in any decision of the Board.
(4) Matters relating to tenure of office, modes of appointment and other procedural matters of the Board shall be as set out in the Fifth Schedule to this Act.
PART V
FINANCIAL PROVISIONS (ss 24-26)
The funds and assets of the Council shall comprise of–
(a) such moneys as may be appropriated by Parliament for the purposes of the Council;
(b) such moneys or assets as may accrue to or vest in the Council in the course of the exercise of its powers or the performance of its functions under this Act or under any other written law;
(c) contributions from local government authority;
(d) such gifts as may be given to the Council; and
(e) all moneys from any other source provided, donated or lent to the Council.
(1) At least three months before the commencement of each financial year, the Council shall cause to be prepared estimates of revenue and expenditure of the Council for that financial year and present to the Board.
(2) The annual estimates shall make provision for all estimated expenditure of the Council for the financial year and in particular, shall provide for–
(a) the payment of salaries, allowances and other charges in respect of the officers, agents or members of staff of the Secretariat;
(b) the payment of gratuities and other charges in respect of retirement benefits payable to the members of staff of the Secretariat; and
(c) the proper maintenance, repair and replacement of the equipment and other movable property of the Council.
(3) The annual estimates shall be approved by the Council before the commencement of the financial year to which they relate and, once approved, shall be submitted to the Minister for approval and, after the Minister’s approval, the Council shall not review the annual estimates without the consent of the Minister.
(4) Expenditure shall not be incurred for the purposes of the Council except in accordance with the annual estimates approved under subsection (3), or in pursuance of an authorisation of the Council given with prior written approval of the Minister.
(1) The Council shall cause to be kept proper books and records of accounts of the income, expenditure, assets and liabilities of the Council.
(2) The Council shall, within a period of three months after the end of each financial year, submit to the Controller and Auditor-General the accounts of the Council in respect of that year together with–
(a) a statement of the income and expenditure of the Council during that Financial year; and
(b) a statement of the assets and liabilities of the Council on the last day of that financial year.
(3) The accounts of the Council shall be audited and reported upon by the Controller and Auditor-General.
PART VI
GENERAL PROVISIONS (s 27)
(1) The Minister may, on recommendation of the Council, make regulations generally for the better carrying into effect the provisions of this Act.
(2) Without prejudice to the generality of subsection (1), the Minister shall make regulations prescribing for–
(a) formation of committees of the Council;
(b) role of local authorities in relation to activities of the Regional Council, District Council, Regional Assembly and District Assembly;
(c) procedures for election of Chairman, appointment of Secretary and other leaders at Regional and District levels; and
(d) any other matters which may be prescribed under this Act.
FIRST SCHEDULE
(Section 4(5))
REMUNERATION OF MEMBERS, TENURE OF OFFICE, MEETINGS AND OTHER PROCEDURAL MATTERS OF THE COUNCIL
1. Remuneration of members of the Council
The members of the Council shall be paid such allowances and disbursements for expenses as may be approved by the Minister.
2. Tenure of office
(1) Any member of the Council, other than an ex officio member shall, subject to the provisions of this Schedule, hold office for a period not exceeding three years, on such terms as may be specified in the instrument of the member’s appointment, but shall be eligible for re-appointment for one further term.
(2) The members of the Council shall be appointed at different times so that the respective expiry dates of their terms of office fall at different times.
(3) Appointment to the Council shall be by notice in the Gazette.
3. Vacation of office
(1) A member of the Council, other than an ex officio member, may–
(a) at any time resign from office by notice in writing to the Minister;
(b) be removed from office by the Minister if the member–
(i) has been absent from three consecutive meetings of the Council without the permission of the Chairman;
(ii) is convicted of a criminal offence and sentenced to imprisonment;
(iii) is incapacitated by prolonged physical or mental illness or is deemed otherwise unfit to discharge his duties as a member of the Council; or
(iv) fails to comply with the provisions of this Act.
4. Meetings of the Council
(1) The Council shall meet quarterly a year.
(2) Notwithstanding the provisions of subparagraph (1), the Chairman or any three other members of the Council may call a special meeting at any time where it is deemed expedient for the transaction of the business of the Council, by giving not less than seven days’ written notice to the members.
(3) The members of the Council shall, at the first meeting of the Council, elect from amongst their number, a vice-chairman.
(4) Unless three-quarters of the total members of the Council otherwise agree, at least fourteen days’ written notice of every meeting of the Council shall be given to every member of the Council.
(5) The quorum for the conduct of the business of the Council shall be two thirds of the members excluding the Secretary.
(6) The Chairman shall preside at every meeting of the Council at which he is present but, in his absence, the vice-chairman shall preside and, in his absence, the members present shall elect one of their numbers who shall, with respect to that meeting and the business transacted thereat, have all powers of the Chairman.
(7) Unless a unanimous decision is reached, a decision on any matter before the Council shall be by a majority of votes of the members present and, in the case of an equality of votes, the Chairman or the person presiding shall have a casting vote.
(8) Subject to subparagraph (5), no proceedings of the Council shall be invalid by reason only of a vacancy among the members thereof.
(9) A resolution in writing or such resolutions consisting of several documents in like form, each signed by the members of the Council, shall be as valid and effectual as if it had been passed at a meeting of the Council duly convened and held.
(10) Subject to the provisions of this Schedule, the Council may determine its own procedures and the procedure for any committee of the Council and for the attendance of any other persons at its meetings and may make rules, inter alia, in respect of–
(a) the conduct and management of the affairs of the Council;
(b) the procedure for meetings and other business of the Council.
5. Minutes
The Council shall cause minutes of all resolutions and proceedings of meetings of the Council to be entered in books kept for that purpose.
6. Common seal of the Council
(1) The common seal of the Council shall be kept in the custody of the Secretary or such other person as the Council may direct, and shall not be used except upon the order of the Council.
(2) The common seal of the Council, when affixed to a document and duly authenticated, shall be judicially and officially noticed, and unless the contrary is proven, any necessary order of authorisation by the Council under this section shall be presumed to have been given.
(3) The common seal of the Council shall be authenticated by the signature of the Secretary of the Council.
SECOND SCHEDULE
(Section 9(4))
APPOINTMENT, TENURE OF OFFICE, MEETINGS AND OTHER PROCEDURAL MATTERS OF THE REGIONAL COUNCIL
1. Composition of the Regional Youth Council
The Regional Youth Council shall be composed of the following–
(a) the Chairperson;
(b) all members of the Regional Youth Committee; and
(c) thirty youth representing District Youth Councils.
2. Role of a local authority
A local authority within which the Regional Youth Council situate shall have an overseeing role for activities of the Regional Youth Council and its organ.
3. Formation of Regional Youth Committee
(1) The Regional Youth Council shall form a committee to be known as a Regional Youth Committee.
(2) The Regional Youth Committee shall be an organ of the Regional Youth Council.
4. Composition of the Regional Youth Committee
The Regional Youth Committee shall be composed of–
(a) a Chairperson to be elected from amongst qualified youths within the region;
(b) six members representing registered youth organisations within the region; and
(c) a Secretary to be appointed from amongst youth within the region.
5. Residence
A person shall not be a member of the Regional Youth Council and the Regional Youth Committee, unless such person recides from the respective region.
6. Tenure of office
(1) Any member of the Regional Council, other than an ex officio member shall, subject to the provisions of this Schedule, hold office for a period not exceeding three years, on such terms as may be specified in the instrument of the member’s appointment, but shall be eligible for re-appointment for one further term.
(2) Appointment to the Regional Council shall be by notice in the Gazette.
7. Vacation of office
(1) A member of the Regional Council, other than an ex officio member may–
(a) at any time, resign from office by notice in writing to the Minister;
(b) be removed from office by the Minister if the member–
(i) has been absent from three consecutive meetings of the Regional Council without the permission of the Chairman;
(ii) is convicted of a criminal offence and sentenced to imprisonment;
(iii) is incapacitated by prolonged physical or mental illness or is deemed otherwise unfit to discharge his duties as a member of the Regional Council; or
(iv) fails to comply with the provisions of this Act.
8. Meetings of the Council
(1) The Regional Council shall meet twice a year.
(2) Notwithstanding the provisions of subparagraph (1), the Chairman or any three other members of the Regional Council may call a special meeting at any time where it is deemed expedient for the transaction of the business of the Regional Council, by giving not less than seven days’ written notice to the members.
(3) The members of the Regional Council shall, at the first meeting of the Regional Council, elect from amongst their number, a vice-chairman.
(4) Unless three-quarters of the total members of the Regional Council otherwise agree, at least fourteen days’ written notice of every meeting of the Regional Council shall be given to every member of the Regional Council.
(5) The quorum for the conduct of the business of the Regional Council shall be two-thirds of the members excluding the Secretary.
(6) The Chairman shall preside at every meeting of the Regional Council at which he is present but, in his absence, the vice-chairman shall preside and, in his absence, the members present shall elect one of their numbers who shall, with respect to that meeting and the business transacted thereat, have all powers of the Chairman.
(7) Unless a unanimous decision is reached, a decision on any matter before the Regional Council shall be by a majority of votes of the members present and, in the case of an equality of votes, the Chairman or the person presiding shall have a casting vote.
(8) Subject to subparagraph (5), no proceedings of the Regional Council shall be invalid by reason only of a vacancy among the members thereof.
(9) A resolution in writing or such resolutions consisting of several documents in like form, each signed by the members of the Council, shall be as valid and effectual as if it had been passed at a meeting of the Council duly convened and held.
(10) Subject to the provisions of this Schedule, the Regional Council may determine its own procedures and the procedure for any committee of the Council and for the attendance of any other persons at its meetings and may make rules, inter alia, in respect of–
(a) the conduct and management of the affairs of the Regional Council;
(b) the manner in which all payments, including cheques, promissory, notes, drafts, bills of exchange and other negotiable instruments and all receipts for moneys paid to the Council shall be signed, drawn, accepted, endorsed or otherwise executed; and
(c) the procedure for meetings and other business of the Regional Council.
9. Minutes
The Regional Council shall cause minutes of all restitutions and proceedings of meetings of the Council to be entered in books kept for that purpose.
10. Common seal of the Regional Council
(1) The common seal of the Regional Council shall be kept in the custody of the Secretary or such other person as the Council may direct, and shall not be used except upon the order of the Council.
(2) The common seal or the Regional Council, when affixed to a document and duly authenticated, shall be judicially and officially noticed, and unless the contrary is proven, any necessary order or authorisation by the Regional Council under this section shall be presumed to have been given.
(3) The common seal of the Regional Council shall be authenticated by the signature of the Secretary of the Regional Council.
THIRD SCHEDULE
(Section 10(4))
APPOINTMENT, TENURE OF OFFICE, MEETINGS AND OTHER PROCEDURAL MATTERS OF THE DISTRICT COUNCIL
1. Composition of the District Youth Council
The District Youth Council shall be composed of the following–
(a) the Chairman;
(b) all members of the District Youth Committee; and
(c) qualified thirty youth representatives within the District.
2. Role of a local authority
A local authority within which the District Youth Council situate shall have an overseeing role for activities of the District Youth Council and its organ.
3. Formation of District Youth Committee
The District Youth Council shall form a committee to be known as a District Youth Committee.
4. Composition of the District Youth Committee
The District Youth Committee shall be composed of–
(a) a Chairperson to be elected from amongst qualified youths within the District;
(b) six youth representing youth within the District; and
(c) a Secretary to be appointed from among youth within the District.
5. Residence
A person shall not be a member of the District Youth Council and the District Youth Committee, unless such person recides from the respective District.
6. Tenure of office
(1) Any member of the District Council, other than an ex officio member shall, subject to the provisions of this Schedule, hold office for a period not exceeding three years, on such terms as may be specified in the instrument of the member’s appointment, but shall be eligible for re-appointment for one further term.
(2) Appointment to the District Council shall be by notice in the Gazette.
7. Vacation of office
A member of the District Council, other than an ex officio member may–
(a) at any time, resign from office by notice in writing to the Minister;
(b) be removed from office by the Minister if the member–
(i) has been absent from three consecutive meetings of the District Council without the permission of the Chairman;
(ii) is convicted of a criminal offence and sentenced to imprisonment;
(iii) is incapacitated by prolonged physical or mental illness or is deemed otherwise unfit to discharge his duties as a member of the District Council; or
(iv) tails to comply with the provisions of this Act.
8. Meetings of the Council
(1) The District Council shall meet thrice a year.
(2) Notwithstanding the provisions of subparagraph (1), the Chairman or any three other members of the District Council may call a special meeting at any time where it is deemed expedient for the transaction of the business of the District Council, by giving not less than seven days’ written notice to the members.
(3) The members of the District Council shall, at the first meeting of the District Council, elect from amongst their number, a vice-chairman.
(4) Unless three-quarters of the total members of the District Council otherwise agree, at least fourteen days’ written notice of every meeting of the District Council shall be given to every member of the District Council.
(5) The quorum for the conduct of the business of the District Council shall be two-thirds of the members excluding the Secretary.
(6) The Chairman shall preside at every meeting of the District Council at which he is present but, in his absence, the vice-chairman shall preside and, in his absence, the members present shall elect one of their numbers who shall, with respect to that meeting and the business transacted thereat, have all powers of the Chairman.
(7) Unless a unanimous decision is reached, a decision on any matter before the District Council shall be by a majority of votes of the members present and, in the case of an equality of votes, the Chairman or the person presiding shall have a casting vote.
(8) Subject to subparagraph (5), no proceedings of the District Council shall be invalid by reason only of a vacancy among the members thereof.
(9) A resolution in writing or such resolutions consisting of several documents in like form, each signed by the members of the Council, shall be as valid and effectual as if it had been passed at a meeting of the Council duly convened and held.
(10) Subject to the provisions of this Schedule, the District Council may determine its own procedures and the procedure for any committee of the Council and for the attendance of any other persons at its meetings and may make rules, inter alia, in respect of–
(a) the conduct and management of the affairs of the District Council;
(b) the manner in which all payments, including cheques, promissory notes, drafts, bills of exchange and other negotiable instruments and all receipts for moneys paid to the Council shall be signed, drawn, accepted, endorsed or otherwise executed; and
(c) the procedure for meetings and other business of the District Council.
9. Minutes
The District Council shall cause minutes of all resolutions and proceedings of meetings of the Council to be entered in books kept for that purpose.
10. Common seal of the District Council
(1) The common seal of the District Council shall be kept in the custody of the Secretary or such other person as the Council may direct, and shall not be used except upon the order of the Council.
(2) The common seal of the District Council, when affixed to a document and duly authenticated, shall be judicially and officially noticed, and unless the contrary is proven, any necessary order or authorisation by the District Council under this section shall be presumed to have been given.
(3) The common seal of the District Council shall be authenticated by the signature of the Secretary of the District Council.
FOURTH SCHEDULE
(Section 11(4))
APPOINTMENT, TENURE OF OFFICE, MEETINGS AND OTHER PROCEDURAL MATTERS OF THE WARD COUNCIL
1. Composition of the Ward Youth Council
The Ward Youth Council shall be composed of the following–
(a) a Chairperson;
(b) all members of the Ward Youth Committee;
(c) qualified fifteen youth representatives within the Ward.
2. Role of local authority
A local authority within which the Ward Youth Council situate shall have an overseeing role for activities of the Ward Youth Council Committee.
3. Formation of Youth Committee
(1) The Ward Youth Council shall form a committee to be known as Ward Youth Committee.
(2) The Ward Youth Committee shall be an organ of the Ward Youth Committee.
4. Composition of Youth Ward Committee
The Ward Youth Committee shall be composed of–
(a) elected qualified Chairperson amongst Youth within the Ward;
(b) six members representing Youth within the Ward;
(c) Secretary to be nominated amongst Youth within the Ward.
5. Residence
A person shall not be a member of the Ward Youth Council and the Ward Youth Committee, unless such person recides from the respective region.
FIFTH SCHEDULE
(Section 19(4))
REMUNERATION OF MEMBERS, TENURE OF OFFICE, MEETINGS AND OTHER PROCEDURAL MATTERS OF THE GENERAL ASSEMBLY
1. Remuneration of members of the General Assembly
The members of the General Assembly shall, in attendance of the meetings of the Assembly, be paid such allowances as may be approved.
2. Tenure of office
(1) Any member of the General Assembly, other than an ex officio member shall, subject to the provisions of this Schedule, hold office for a period not exceeding three years, on such terms as may be specified in the instrument of the member’s appointment, but shall be eligible for re-appointment for one further term.
(2) Appointment to the General Assembly shall be by notice in the Gazette.
3. Vacation of office
A member of the General Assembly, other than an ex officio member, may–
(a) at any time resign from office by notice in writing to the Minister;
(b) be removed from office by the Minister if the member–
(i) has been absent from three consecutive meetings of the General Assembly without the permission of the Chairman;
(ii) is convicted of a criminal offence and sentenced to imprisonment;
(iii) is incapacitated by prolonged physical or mental illness or is deemed otherwise unlit to discharge his duties as a member of the General Assembly; or
(iv) fails to comply with the provisions of this Act.
4. Meetings of the General Assembly
(1) The General Assembly shall meet once a year.
(2) Notwithstanding the provisions of subparagraph (1), the Chairman or any three other members of the Assembly may call a special meeting at any time where it is deemed expedient for the transaction of the business of the Assembly, by giving not less than seven days’ written notice to the members.
(3) The members of the General Assembly shall, at the first meeting of the General Assembly, elect from amongst their number, a vice-chairman.
(4) Unless three-quarters of the total members of the Assembly otherwise agree, at least fourteen days’ written notice of every meeting of the Assembly shall be given to every member of the General Assembly.
(5) The quorum for the conduct of the business of the Assembly shall be two- thirds of the members excluding the Secretary.
(6) The Chairman shall preside at every meeting of the General Assembly at which he is present but, in his absence, the vice-chairman shall preside and, in his absence, the members present shall elect one of their numbers who shall, with respect to that meeting and the business transacted thereat, have all powers of the Chairman.
(7) Unless a unanimous decision is reached, a decision on any matter before the Assembly shall be by a majority of votes of the members present and, in the case of an equality of votes, the Chairman or the person presiding shall have a casting vote.
(8) Subject to subparagraph (5), no proceedings of the Assembly shall be invalid by reason only of a vacancy among the numbers thereof.
(9) A resolution in writing or such resolutions consisting of several documents in like form, each signed by the members of the Assembly, shall be as valid and effectual as if it had been passed at a meeting of the Assembly duly convened and held.
(10) Subject to the provisions of this Schedule, the Assembly may determine its own procedures and for the attendance of any other persons at its meetings and may make rules, inter alia, in respect of–
(a) the conduct and management of the affairs of the Assembly;
(b) the manner in which all payments, including cheques, promissory notes, drafts, bills of exchange and other negotiable instruments and all receipts for moneys paid to the Assembly shall be signed, drawn, accepted, endorsed or otherwise executed; and
(c) the procedure for meetings and other business of the Assembly.
5. Minutes
The General Assembly shall cause minutes of all resolutions and proceedings of meetings of the Assembly to be entered in books kept for that purpose.
6. Common seal of the General Assembly
(1) The common seal of the Assembly shall be kept in the custody of the Secretary or such other person as the Assembly may direct, and shall not be used except upon the order of the General Assembly.
(2) The common seal of the Assembly, when affixed to a document and duly authenticated, shall be judicially and officially noticed, and unless the contrary is proven, any necessary order or authorisation by the General Assembly under this section shall be presumed to have been given.
(3) The common seal of the Assembly shall be authenticated by the signature of the Secretary of the Assembly.
SIXTH SCHEDULE
(Section 24(4))
TENURE OF OFFICE, MODE OF APPOINTMENT AND OTHER PROCEDURAL MATTERS OF THE BOARD
1. Tenure of office
The Chairman and members of the Board shall subject to the provisions of this Schedule, hold office for a period not exceeding three years on such terms and conditions as may be specified in their instrument of appointment, but shall be eligible for re-appointment for one more term.
2. Modes of appointment
(1) Members of the Board shall be appointed at different times so that their respective dates of expiry of their terms of office shall fall at different times.
(2) Appointment to the Board shall be by notice in the Gazette.
3. Vacation of office
A member of the Board may–
(a) at any time, by notice in writing addressed to the Minister, resign from office;
(b) be removed from office if the member–
(i) has been absent from three consecutive meetings of the Board without permission of the Chairman;
(ii) is convicted of a criminal offence and sentenced to imprisonment;
(iii) is incapacitated by prolonged physical or mental illness; or
(iv) is otherwise unable or unfit to discharge the functions of a member of the Board.
4. Quorum
A quorum at a meeting of the Board shall be two-thirds of the members.
5. Resolution of the Board
A resolution at a meeting of the Board shall require the affirmative votes of one half of the members present except the Chairman, who shall have a casting vote.
6. Minutes
The Board shall cause minutes of all proceedings of the Board to be entered in books kept for that purpose.
{/mprestriction}