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NATIONAL BOARD FOR MATERIALS MANAGEMENT ACT,1981TABLE OF CoNTENTSTitlePRELIMINARY1. Short title and commencement.2. Interpretation.PARTTHE NATIONAL BoARD FOR MATERIALS MANAGEMENT3. Establishment of the Board.4. Functions of the Board.5. Appointment and function of Registrar.PARTIIIIIREGISTRAnON6. Register of supplies omcers and stock verifiers.7. Publication of Register and list8. Publication of list, prima facie evidence.9. Provisional registration.10. Qualifications for Registration of authorized supplies officersand authorized stock verifiers.11. Temporary registration as authorizerl supplies officer or authorizedstock verifier.12. Qualification for Registration as approved supplies officers.CoNTROL OVER CONDuerPARTIVOF REGISTERED SUPPLIES OFFICERS AND S'I'O

20. Use of certain styles and titles.21. Offences to use of styles'and titles.22. Restrictions on empJoyment of supplies officers and stoe* veriim1,-23. Compulsory employment of authorized supplies officer or ItOckverifier.PART VIIFINANCIAL PROVISIONS24. Funds and resources of the Board.25. Investment.26. Power to borrow. '27. Annual and suppiementary budget.28. Accounts and audit.29. Annual statement on account and report to be submittIld tothe Minister.30. Annual statement and report to be laid before the NatfcaalAssembly.MISCELLANEOUSPROVISIONS31.' Remuneration of members of the Board.32. Delezation of powers bY the Board.33. Liabilities of members of the Board ete.34. Regulations by the Minister.35. By-laws by the Board.36. Powers of exemption.37. No prosecution of offences committed with twelve months aftercommencement of the Act.

" "/~-~~--9 oF1981·······~;:~~~b~/ ..' \ .,,-1'~-_ .••..~~:.MAY. 1981Act to provide for' t!t~gistration of supplies officers, theestablishment of a National Board for Materials Management,to regulate the standards of conduct and activities of suppliesofficers and for matters connected with the practice of the professionof materials management[ ]El'{ACTED.~/~/ ,'/0';'- Iby the Parliament of the United Republic of Tao7JlDia.PART IPRELIMINARY:..1. This Aot may be cited as the National Beam for Materials Short titloMl\Dagement Act. 1981 and shall come into operation 011 such dateas 'the Minister may. by notice in the Gazette. appoint.2. In this Act. unless the context otherwise requires- Interpreta-"Appeals Board" means the Appeals Boam established under section tion18;"approved supplies officer" m~s any person registered as an approvedsupplies ofticer; , ,"autborized supplies officer" means any person registered as an autbotizedsupplies officer;"authorized stock: verifier" means any person registered as an authorizedstock verifier;"Board" means the National Board for Materials Management establi.shed by section 3;"materials management" means the effective aQd economic oo-ordinationof-(a) $tock identification. classification and coding;(b) inventory control and provisioning. including procurement andstock verification; (' .(c) stoIebouse layout and otgmUZation;

(d) preservation and packing; and(e) handling transport and distribution;"member" in relation to the Appeals Board, means a memberof the Appeals Board or, as. tIa@ case may be, the Appeals Board,and includes the Chai.rmatiand the Vice-Chairman;'"Minister'~ means the, -Mulister ~the ~~e -being responsible lormaterials management; " '."register" means the "Regis~r. of Authorir.ddSupplies Officers"or the "Register of Appr~'Supplies Officers" or the Registerof Approved StJockverifiers, maintained by the Board in accordancewith the provisions of ~ Act;' .~ /'"registered suppllCS officer'" means a-supplies officer whose name isfor the time being enf.eredin the register;"Registrar" means Registrar of Supplies Officers and stock verifiersappointed in accordance with the provisions of section 5;"secretariat" means the secretariat of the Board;~"supplies" means the stock or materials physically existing and availablefor use for disposal for use and includes spare parts;"supplies officer" mearu: any person. trained or qualified, or h

(b) to keep and maintain a register or registers for the registrationof stock verifiers and supplies officers in accordance with thisAct;(c) to formulate. establish and enforce the maintenance of standardsof conduct and regulate the activities of stock verifiers and suppliesofficers. and the practice of the profession of materials management;(d) to train or provide opportunities for the training of persons inthe principles. procedured and techniql,lesof materials management;(e) to conduct· professlon~ examinations leading to the grant of.and to grant diplomas. certificates and other awards of the Boardin storekeeping stock verification and other subjects relating tomaterials management;(f) ;to evaluate acaIdemic and practical qualifications for the purposeof registration of persons under this Act;(g) to sponsor. arrange and provide faci!ities for conferences. seminars.discussions and consultations on matters relating to materialsmanagement;(h) ::0 assist members of the public in matters touching upon. ancillaryincidental or conducive to the practice of the profession ofmaterials management;(~) iflo plan. direct. co-ordinate. monitor and control personnel requi·rements in materials management;(j) to formulate overall policy re1atingtomanagement; andthe profession of materials(k) to carry out such other functions as may be conferred upon theBoaird by any wri1Jtenlaw or as are necessary or expedient for theproper carrying out of its functions under this Act.".5.-(1) The Minister shall appoiB'.:a public officer to be the Registrar "Appointmentof the Board. who shall also be Secretary of the Board'.;~ctions of(2) The Registrar shall perform the dU'Jes prescribed in relation to Registrarhis office by or under this Act and shall perform such other functionsas the Minister or the Board may specify from tife to time.".PART IIIREGISTRA nON6.-(1) The Registrar shall keep and maintain a Register of Autho. Registersrized supplies officer. a Register of Authorized stock verifiers and of suppliesa Register of Approved Supplies Officers in which the name of every ~~~r:eri~ersperson entitled to have his name entered therein as an authorized suppliesofficer. an authorized stock verifier or an approved supplies officer asthe case may be. shall be entered as soon as is practicable after his beingaccepted by the Board for registration. showing against his name-

PulllicatieD.el rclisterud listPublicationof listprima j«d.cvidCllCO ofreBistration"Provisionalregistration(a) the date of such entry;{b). his address;(c) his qualifications;(d) the classification. if any. under which he is registered;(e) such other particulars as the Board may from time to time direct.(2 All changes in the particuIa.rs registered under subsection (1)shall be entered in the appropnate regis:cr by the ReglstJar.7.-(1) The Registrar shall cause to be published in the Gazette.as soon as may be practicable after registration. the name. address and,qualifications of each auth~ suppli~ officer and authorized stockverifiers·'and. subject to the directions of the Board may cause to be sopublished any amendment to or deletion from the regtster.(2) The Registrar shall cause to be published in the Gazette. assoon as OOllvcniently maybe after the first day of January in eachyear. a list containing the names. addresses and qualifications of allregistered supplies officers am stock verifiers remaining on the registersat the close of the previous year.. 8.-(1) A publication under the provisions of section 7 shall. beprima fQ(:ie evidence that the person named therein are registereduDder this Act, and 'the deletion from the register of the name of any:person notified by such publication shall be prima facie evidence thatsuch person is not so registered.(2) The registers. lists and all copies thereof or extracts therefromwhich purpot to have been certified under the hand of the Registersha11be receivable in all courts and tribunals or other bodies authorizedto receive evidence as prima facie evidence of the facts stated thercin.: .'~-(I)Subject to any regulaitioos made under section 34 providingfor the suspension or cancellation of registration granted unrJer this Act.any person who is not entitled to be registered by reason only of thefact t:h.at he has not complied with the additional requirement referredto in paragraph (c) of subsection (1) and subsection (2) of section 10shall. if upon application in the prescribed manner. he satisfies theBoartd that he has secured an offer for employment or training in thepublic service or by a person or persons approved by the Board for thepurposes of enabling him to comply with the additional requirements.be entitled to be registered under this section.(2) A person registered under 'this section shall be deemed to beregistered as fac as is necessary to enable him to be employdl or trainedfor the purposes stated in subsection (1) and while so employed or beingtrained. but not otherwise. may carry out the duties and responsibilities.exercise the rights arid be entitled to enjoy the privileges of a registeredstock verifier or registered supplies officer.(3) The registration of a person under this section shall cease to haveeffect upon his being registered under sectionlO or section 12. subjectto the provisions of section 22.••.

10.-(1) Subject ,to the »rovisioos of 1!his section, a person shall QUal~OIl'be entitled, on making an application to the Board in· the prescrlbed ~~~~trationm8.nner and on payment to the .Board of the prescribed fee, to be of auth~registered under this Act and to have his name entered in the Register ~C:;:~d'of AUithorized Supplies Officer or Authorized stock. verifier if he i.- stock veri.(a) a member of an institute of Materials Management the member- hersship of which is recognized for the time bemg by the Board asfurnishing a sufficient evidence of academic knowledge of materialsmanagement; or(b) a person who is the holder of a degree, diploma or certificateor other award of the Board, or of a university or school, wtuchmay be recognized for the time being by the Boani as furnishmaa sufficient guarantee of an adequate academic training in materialsmanagement; or'(c) a person who has sat for and passed an exam.iDation conductedby or under the authority of the -Board. beiDa an examinauonprescribed by the Board as qualifying examination for authorizedsupplies officer, or stock verification.(2) Notwithstanding the provisions of paragraphs (a) and (b). ofsubsection (I), the Board may require any person to whom eittlerof the said paragraphs applies to pass such examination as the Boardmay prescribe, before such person is entitled to registration.(3) The Boand shall require an applicant for registration under thissection to satisfy it that his professional and general conduct bas beensuch as, in the opinion of the Board, to make him a ftt aM ~perperson to be registered under this sectIoo.(4) The Board may, if in its opinion, an applicant is not a fit andproper person to be registered as an authorized supplies officer orauthorized stock verifier, direct the Register to reject the applicatiORor to register the applicant- .(a) in the case of an application for registration as an authorizedor an approved supplies officer;(b) in the case of an application for registration as an authorizedsupplies officer, as an approved supplies officer. ~ the .Boardshall specify the classifica.tion under which the registratioo shallbe effected.11.-(1) Where a person satisfied the Board- Temporary(a) that he is not ordinarily resideqt in Mainland Tanzania; registrathtionjzedas au or(b) that he is or intends to be present in Tanganyika in the capacity sutK P1iesof a professionally qualified supplies officer for the express ~o~rv:ipurposeof carrying out a specific assignment for which he has fierbeen engaged; and(c) that he is. or, immediately prior to entering Tanganyika waspraotising or employed as a supplies officer or manager in sucha capacity as to satisfy the Board of his fitness to serve thepublic as an authorized supplies officer or stock wri1ier. tho

Board may. if it thinks fit. direct that such person shall beregistered under this section as an authorized supplies officer orstock verifier either fOlra period not ex

(4) The Board may. if in its opinion an application is not a fit andpropel person to be registered as an approved supplies officer. directthe Regtstrar to reject the application.(5) Where the Board approves an applicatiqn for registration. it shallspecify the classification under which the registration shall be effected.PARTCoNTROL OVER CoNOuer OF Roo.STEREO SUPPLIES OFFICERS AND SToexVERIFIERSIV. 13.-(V The Board may at any time direct that the name of an Power toauthorized s.upplies officer. an authorized stock verifier or an approved ~l .supplies officer be deleted from the relevant register or be trans- relPStratlonferred. in the case of authorized supplies officer. to be inthe case of authorized stock verifiers. to the Register of Approvedsupplies officer. in the case of authorized supplies officer. to theregister of approved s.upplies officers. or be entered on a lower classification.where such person has-(a) failed within a period of six months from the date of an enquirysent by the Registrar by registered letter to the address appearingin the register against his name. to notify the Registrar of hiscurrent address; or "(b) requested that his name be deleted from the register. in whichcase such person may be required to satisfy the Board by affidavitlodged with the Registrar that no criminal prcceedings or proceedingsunder section 14 or section 15 are being or are likely to betaken against him; or(c) been found by the Board to be guilty of such misconduct as isspecified in section 14.(2) The Registrar shall delete from the register the name of everydeceased person.(3) The Registrar shall rectify or delete any entry in any registerwhich has been incorrectly or fraudulently made or procured.(4) Except in the circumg~nces specified in paragraph (a) of subsect:on(1) and in subsection (2), every deletion from a register, transfer'to another register or re-classification or registration shaH be notifiedby the Registrar to the person concerned by a registered letter to theaddress appearing in the register against his name immediately priorto such deletion. transfer or re-classification. as the case may be.(5) Subject to the provisions of section 13, a person wbose name hasbeen deleted from a registered under this section shall cease from thedate of sucb deletion to be registered for the purposes of this Act.14.-(\) Where the name of any person has been deleted from a Restorationregister unper section. 12. the name of that person sball not be again ~;;entered in the register except by direction of the Board.er

(s) ~ ,to. .the provisions of this section and of any regula~dUiiSe'.uDder·· section 33. the Board sball have poftr to regUlate Itsowu'procedureatan iDquiryheld by it.(6) For the purpose of Chapter XI oftl;te ~~ Code..an inquiry Ca 16held by the Board shall be deemed to be JUdiClalptoceedmgs. p.17. Any person who, having been served with a sununons or an Disobedienceorder issued undet the provisions of ~tion 15.' refuses or omits without of:u:~ssufficient cause to attend at the time and place mentioned in the ':: give usaSWXUJJons. or refuses without sufficient cause to answer fully and satis- cvideBt1efactorily ..to the best of his..knowledRe .'and belief all questioDs-pat tohim by or With the concurrence of the Board. or refuses or omitswithout sufficient cause to produce any document in his possession orunder his control which is specified in the order. shall be guilty of anoffence and shall be liabe on conViction to a fine not exceeding fivethousand shillings: ? .Provided that every petS(m giving evidence before the Board shall.iti respect of any evidence given by him· or any document producedby him. be entitlea to all privile@eS to which he would be entitled asa witness before the HiJh Court.PART VAPPEAIS18.-{1) Any person aggrieved by a !decision of tbeBoard-(a) to refu~e to register his name; or(b) to delete his nattle from a regi!ter; or(c) to transfer his name from one register to another; or(d) to re-classify his registration; or(e) to refuse to eDlter his name in the register or under the classifica-~tionapplied for; or(f) to refuse to enter his name to the register; or(g) to suspend the effect of registration of his name.may appeal to tho Appeals Board against the decision of the Boardand in any such appeal the Appeals Boal!J may give such directionsin the matter as it thinks proper. and every order of the AppealsBoard under this section shall be final. conclusive and binding uponall parties concerned. and shall not be subject to review by any court.(2 The Board may appear as respondent and be heard on any appealagainst its decision and. far the purposes of enabling directions to beliven as to the costs of any such appeal. the Board' shall be deemed tobe a party thereto. whether or not it shall appeal at the hearing ofaweaL;(3) The Minister may make rules regulating appea:ls to theAppeals Board under this section and vroviding for the taking offurther evidence. the fees Itobe paid. the procedure to be fcHowed andAppealsagainstdeciDMlsof theBoard

Acts, 1966N •. 49c.mpositiODandproceedinpof AppealsBoardthe manner of notifying the .Board of an appeal. and. until any suchrwes are made and subject to any such rules whea made, the provisioosof the CivIl Procedure Code. 1966 shall apply as if tile. decisioos ordirection of the Board were a decree of a court exerdsiDa oriJinaljurisdictIon and as if the Appeals Board were ithe High· LourL(4) The Appeals Board sha.l. folt' the purposes of an appeal underthis sectlon. have all the powers which the High Courts has in theexercise of its appellate jurisdiction in Civil matters.19. The Appeals Board shall consist of-(a) the Attorney-General or a senior law officer nominated in thatbehalf by the Attorney-General. who shall be the chairman:(b) the Principal Secretary to the Minister responsible for works.who shall be the vice-chairman;(c) the Principal Secretary to the Treasury or an authorized stockverifier working in the Stock VeriticatlOn Division of Mulistry ofFmance;(d) the Director-General of the Tanzania Audit Corporation or anauthorized auditor in the employment of the Tanzania AuditCorporation nominated by the Dlfector·General of the Corporation.(e) an authorized supplies omcer in the employment of any parastatalorganization to be nominated by the Chairman.(2) The chairman or. in his absence. the vice-chairman and twoother members shall constitute a quorum at any meett:Dgof the AppealsBoard.(3) Every decision of the Appeals Board shall be made by a majorityof the votes of the members present and voting. and in the event of anequality of votes, the Chairman or other person pres1:ling at the proceedingsshall have a casting vote in addition m his original or deliberativevote.".PART VIUse 01.certainstyles andtitlesEFFECf OF REGISTRATION AND CoNSEQUENCES OF NON-REoSTRATlON20. Every person whose name has been entered on a regis. sbaD.so long as his name remains on the register, be entitled to adopt anduse the style and title-(a) in the case of a person whose name has been eIltered on theRegister of Authorized Supplies Officer "Authorized SuppliedOfficer" or "Registered Supplies Officer";(b) in the case of a person whose name has been entered on theRegister of Authorized Steck Verifier. "Authorized Stock Verifier"or "Registered Stock Verifier";(c) in the case of a person whose name has been entered .on theRegister of Approved Supplies Officers "Approved SuppliesOfficer" or such contraction of any such style and ~Le as theBoard may 'approve. . •

11.-(1) Any person who-- Offencesrelating. tb ..:_...... k to use of(a) not being an authorized supplies officer. an au Oua;u sloe styles andverifier or an approved supplies officer falsely pretends to be titlessuch; or(b) not being a person entitled to use any style or title referredto in section 19, uses such style or title or uses any othername. style, title or description. implying. whether in itselfor in the circumstances in which it is used. that such personis entitled to use such style or title.shall be guilty of an offence and shall be liable on conviction to a finenot exew1ing twenty thousand shillings or to imprisonment for a termnot exceeding two years or to both such fine ana imprisonment.11.-(1) No person shall employ or continue to employ as a supplies Restri40nofficer or a stock verifier any person who is not an authorized. an :n~Jf oy.approved supplies officer or an authorized stock verifier.suppliesofficen and(2) No person shall take up or continue in any employment as a ~;'kverisuppliesofficer unless he is an authorized supplies officer, an authorizedstock verifier or an approved supplies officer.(3) Any person who contravenes any of the provisioas of this Actshall be guilty of an offem:e and shall be liable on ooovietion to a finenot exceeding twenty thousand shillings or toimprisooment for aterm not exceeding two years or to both such fine and such imprisonment.(4) In this section "employ" means emplOy' under a contract ofservice or under a contract for services and "employmeot" shall beconstrued accordingly.(5) Where an employer employs any person as a traiDee suppliesofficer for the purpose of according such employee an opportunityof being tnLined as a supplies officer or stock verifier this section shallnot apply to such employer or such employee in relation to theemployee's employment for the period of ei&hteea IDQQtbs imlJleljjate1yfollowing the employment of appointment of such employee in or tothe office of a trainee supplies officer:Provided that no person who. having been employed by one employeras a tr~nee supplies officer shall be employed by or taken up employmentWith another or subsequent employer as a trainee supplies officeror trainee stock verifier save for a period representing the differeDQCbe~een twelve monilis and the· period or the aggregate of periodsdllDJlg which he was empioyed as such by his previous emplo)'ll' 01:employers. and any contravention of the provisions of this proviso shallbe an offence against this section and be punishable in accordancewith the provisions of subsection (3).(6) The provisions of this section shall extend to every employmentas a supplies officer in the service of the United Republic.

ComPlJlsory 23.-(1) Every body of persons. whether corporate or unincorporate.~d:~d engaged in Tanganyika in any trade. business or profession. whichSll~ .• has-(a) assets in Tanganyika :the value of which exceclds ten m.illioo sbil-lings; or:oqt JllV\\~fi$(b) an annual gross turnover in Tanganyika exceeding five millionshillings.shall employ at least one authorized supplies officer or one approvedsupplies officer and authorized stock verifiec.(2) Any body of persons which contmvenes the provisions of thissection shall be guilty of an offence and shall be liable on conviction toa fine not exceeding fifty thousand sh.ill.ings.PART VIIFunds andfesQurces ofWl Qq~4Inveatm~ntActs. 1967No. 33Power tobQrrowFINANCIALPROVISIONS24. The fundsood resources of the Board shall coosist of-(a) such sums which may derive from the operations of the Board;(b) such funds or assets as may rest in or accrue to Board fromother sources by way of grants, gifts, fees or in any other way;(c) any sum which the Board may, subject to the provisions ofsection 10 borrow for its purposes;(d) such sums as may be provided for the specified purpose by theParliament. either by way of grant or loan.25. With the prior approval of the Minister the Board may. fromtime to time, invest any part of the moneys available in any fund ininvestments authorized by the Trustees Investments Act, 1967, forinvestment of any trust fund.26.-(1) With prior approval of the Minister, the Board may. fromtime to time. borrow moneys by way of loan or overdraft, aDd upon suchsecurily and such terms and conditions relating to repayment of theprincipal and payment of interest, SUbject to any direction by·thoMinister, as the Board may consider fit -Apnual and 27.-(1) Subject to subsection (2). "financial year" in this Act meansI'g:m tar1 any period not exceeding twelve consecutive months designated bythe Board as the accounting period.(2) The first financial year of the Board sha.l1c:omm.ence 011' the datewhen· this Act comes into operation and may be of the period longeror shorter than twelve months.(3) Not less than two months before the beginning of any fioancia1year the Board shall at its first meeting especially COIlvenedfor thatpurpose, pass a detailed budget (in this Act called tho "annulbudget") of the amounts respective1y-

(a) expected to be received; and(b) expected to be disburSdd by the Board during the financial year.(4) If in any financial year the Boan! requites to make any disbursementnot provided for in the annual budget for the year •. !beBoard shall at a meeting, pass a supplementary budget detaIlingthe disbursement.(5) Forthwith upon the passing of the annual budget or any .su.PPJementarybudget the Board shall submit the budget to the Minister forhis approval. '(6) The Minister shall. upOn the receipt of the annual bUdget orsupplementary budget. approve or disapprove it or approve it subjectto $uch amendment as he may consider fit.(7) Where the Minister has approved any annual budget or supplementarybudget the budget as approved by him. whether with or withoutamendment. shaJl be binding on the Board which. subject to the pr0-visions of subsection (8) shall confine its disbursement within theitems a4l amounts conta.i.D.edin the applicable estimates as approvedby the Minister.(8) The Boord may-(a) with the sanction in writing of the Minister make disbursementnotwithstanding that the disburseD1eDitis not provided for inany budget;(b) from the amoUDit of expenditure provided for in any budgetin respect of any item. transfer a sum not exceeding twohundred thousand shillings to any other item contained in thebudget;(c) adjust expenditure limits to take account of circumstances notreasonably foreseable at the time' the bUdget· was prepared.subject to submitting a supplementary budget to the Ministerwithin two monthsbecoming necessary.of the alteration of expenditure limits28.-(1) The Board shall cause Ito be provided and kept proper Accoun~books of accounts and record by the respect to Registrar-and audit(a) the receipt and expenditure of moneys by, and other financialtra.DSlCtionof the Secretariat and the Board; i(b) the ~tsand liabilities of the Boord and shall cause to bemade out for every financial year a balance sheet and a statementshowing details of the income and expenditure of theBoard and all its assets and liabilities.(2) Not. later. than six months after the close of financial yea,r the~ts mcluding the bal~ sheet of the Board in respect of thatfinancial year shall be audited by the Tanzania Audit Corporation Acts 1968established by the Tannmia Audit Corporation Act, 1968. No, 1(3) Every audited. ~ce sheet shall be placed before a meetingof the .Board ~. if adopted by the Board. shall be endol'SCd Withthe certificate that It has been adopted.

National." B(J(lTd fot Materials MantJgemmtAnnualstatement011 accountsand reportto be sub·mitted tothe MinisterAnnualstatementand reportto be laidbefore theNationalAssembly(4) As soon as the accounts have ~ audited aud adopted ~y theBoaro. and. in any case n()l; later than SIX months aftet: the audit. theBoard shall submit to the Minister a copy of the audited statcmeDtsmade by the auditors.29. The .BoardJshall within six months ~ the close of ·the financialyear. cause to be prepared and submitted to the Minister a reportdealing generally with its activities and operations during that yearand accompanied by-(a) a copy of the audited account> of the Board;(b) a copy of the auditors report on the accounts; aud(c) such other information as the Minister may direct.30. The Minister shall as soon as practicable. and in any case notlater than twelve months after the close of a finanClal year. laybefore the National Assembly the following documents in re1a1iooto that fiDa:ncialyear-(a) a copy of the audited statement of accounts of the Board;(b) a copy of the auditors report. if any; and(c) a copy of the report by the Board.PARTvmRemunera·tion ofmembers ofthe Board3L The members of the Boord shall be entitled to such mnuneration.fees or allowances for expenses as the MiniSter may. upon therecommendation of the Board. prescribe from time to time:Provided that no remuneration, fees or allowances, except suchallowances for expenses as may be expressly authori7al by the Mini-•• shall be paid to any member of the Boatd' who is a public officer.Delegationof powersby theBoard32.-(1) Subjeo1l to the provisions of subsection (6). the Boardmay. from time to time. by writing under its official seal, appointcommittees of the Boord and delegate. subject to such terms. conditioosand restrictions as it may specify. to any committee of the Board.to the Registrar or to any employee of 'the Board. all or any otthe functions, powers or duties conferred or imposai by or UDdeI"this Act on the Board. and where any delegation is so made thedelegated function. power or dUitymay be performed OIl" exercised by thedelegate subject to the terms, conditions and restrictions specified bythe Board.(2) The delegation under subsection (1) may be made 10 thebofder.of the office under d1e Board specifying the office but without namingthe holder, 81Ddin every case where a delegation is so made eachsuccessive holder of the office in question aod any person who occupiesor performs the duty of that office may. without any further authority,perform or exercise the delegated function. power or duty inaccordance with the delegation made by the Board.

(3) The Board may revoke a delegation made by it under this section.(4) No delegation made under this section shall prevent the Boardfrom itself performing or exercising the function power or dutydelegated.(~) A delegation made under this section may be published in theGazette, and upon its being so published shall be judicially noticedand shall be presumed to be in force unless the contrary is proved.(6) The Board shall not have power under this section to delegate--(a) its power of delegation; or(b) the power to approve the annual budget or any supplementarybudget, the annual balance sheet or any statement of accounts;(c) its power in relation to registration of persons under this Act.33. Without prejudice to the provisions of section 284A of the Penal LiabilitiesCode or of the Specified Officers (Recovery of Debts) Act, 1970 or: ~bcISof the Parastatal Employees (Recovery of Debts) Acts. 1974 no act Board act.or thing done or omitted to be done, by any person who is a member Cap. 16of the Board or employee or agent of the Board shall. if done or ';.,:,/rrlOomitted bona {ide in the execution or purported execution of his A~ '1974duties as the member of the Board or employee or its agen,t, subject No. 37that person to any acltion.liability or demand of any kind.34. The Minister may make Regulations for the better carrying Regulationsout of the purposes and provisions of this Act and any such regulations ~~~may. without prejudice to the generality of the foregoing. provide for:(a) The conduct of business of the Board and the procedure tobe followed by the Board in any inquiry under this Act;(b) The duties of the Registralr;(c) Anything which is permitted or required by this Act to beprescribed. other than any matter or thing to be prescribedby the Boord.35.-(1) With the consent of the Minister dle Board may make :r'~wsby-laws for the better carrying out of its objects antd functions and loard eprovisions of this Act:-(a) Prescribing degrees, diplomas. certificaltes and other awardswhich may be conferred or granted by the Board;(b) Prescribing degree. diplomas. certificates awards and other quali.fications which shall be recognized as entitling the holder toregistration under this act.(c) Prescribing the conditions which must be satisfied before anydiploma, certificates or other award may be granted.(d) Regulating the conduct of examinations;(e) Prescribing fees for admission to any course offered by the Board:(f) Prescribing fees payable by the candidates for any examinatiOttheld or cooducted by the Boartt;(g) Providing for and regulating displinary proceedings againstthe officers of the Board, the students and candidates;

NaJi'onol Board for MaterialsManagement(b) Prescribing rules for professional conduct and ethics of pofessiooalsin Materials Management;(i) Prescribing the· fees to be paid on application for registradon.the issue of certificate of registration and for extract. copiesand lists of. Qrin relation, entries in the registers;(j) Prescribing classification within the registers for different levelsor types of qualifications aorl competence;(k) Prescribing anything which may, or is required to, be prescribedby the Board.(2) It shall not be necessary for the by-laws made under this sectionto be published in Gazette.Powers of 36. The Minister may by oFd'erin iIlheGazette, exempt any persoBexemption from any or all the provisions of this ActNo Prose- 37.-(1) No persor shall be prosecuiIM!ldJ for any offence under this~~or Part where such offence is committed ·within the· period of twelvecommitted months immediately succeeding the date of commencement of this Actwithin twelve . .' . . . . .months after (2) The Minister may, .by· Otderin the, Gf!.zetle, extend the=.:n:;ce- period of twelve months provided for in subsection (1) by suchthis Actfurther period as he may specify in SJuchorder.Vice-ChairmanTc:Dure ofappoint.ment1. The Registrar shall be the Secretary of the Board.Members of the Board shall elect one of their members to be the Vice-Chairmanwho shall, subject to his continuing to be a member, hold office for a term of one yearfrom the date of his election and shall be eligible for re-election.2.--{1) A member of the Board shall hold office for such period as the appointingauthority may specify in his appointment, or if no period is so specified, shall hold officefor a term not exceeding three years from the date of his appointment, and shall beeligible for re-appointment.(2) In the case of a member who is a member by the virtue of his holding some.otheroffice, he shall cease to be a member upon his ceasing to hold that office.(3) The appointing authority may at anytime revoke an appointment made by himunder paragraph 1 and any member so appointed may at any time resign his office bynotice in writing to the appointing authority.Abscatmem_mayberepresentedCasualvacancies(4) If a member of the Board who is a member by the virtue of his holding some otheroffice is unable for any reason to attend any meeting of the Board, he may nominate inwriting another person from his institution to attend the meeting in his place.(5) If any vacancy occurs in the membership of the Board by reason of the death,resignation or permanent incapacity of any member thereof or otherwise, the appointingauthority may appoint another person to fill that vacancy, and the person so appointedshall hold office for the unexpired residue of period of office of the member in whose placehe is appointed.

3.-(1) The Board shall ordinarily meet for the transaction of its business at the times MeetiDpand places determined by it, but shall meet at least once every three months. and(2) The Chairman, or in his absence the Vice-Chairman shall preside at every meeting ~~ureof the Board. In the absence of both the Chairman and the Vice-Chairman, members Bo.uipresent shall appoint one of their member to preside over the meeting.(3) The Secretary of the Board shall give each member adequate notice of the timeand place of every meeting and shall keep the record of the proceedings of every mee·ting of the Board.(4) The Chairman or with his consent, thc Secretary, may invite any person who isnot a member to participate in the deleberations at any meetin~ of the Board, but anyperson so invited shall not be entitled to vote.4.-(1) The quorum at any meeting of the Board shall be one half of the total number Quorumof members of the Board and, where there is an uneven number of members, shall be thewhole next number above half.(2) Subject to the provisions of sub-paragraph (1) the Board may act, notwithstandingany vacancy m its number.5.-(1) Questions proposed at the meeting of the Board shall be decided by a majo- Decisionrity of the votes of the members present and voting and in the event of the members of thepresent and voting and in the event of an equality of votes, the person presiding shalI Boardhave a second vote in addition to hiS casting or deliberative vote.(2) Notwithstanding sub-paragraph (1), a decision may be made by the Board withouta meeting by circulation of the relevant papers among the members, and the expressionin writing of the views of the majority of members.:mu~::.6.-(1) The Board shaH cause to be recorded and kept minutes of all business condu- The Boardcted or transacted at its meetings, and the minutes of each meeting of the Board shall be to. confirmread and confirmed, or amended and confirmed, at the next meeting of the Board andsigned by the person presiding at the meeting.m(2) Any minutes signed, or purporting to have been signed, by the person presidingat the meeting of the Board shall. in absence of proof of error, be deemed to be correctrecord ofthe meetmg whose mIDutes they suport.7. No act or proceeding of the Board shall be invalid by reason only of any vacancy Vac::andes.among its members or defect in the appointment of any of them. etc•. not.to mvahdateprGCeedmp8. All orders, directions, notices or other documentsBoard shall be signed by :-made or issued on behalf of the Orders,directioos,(a) TheChairmanoftheBoard'or,etc.,. by theChairman or(b) The Registrar or any other officer of the Board appointed in writting in that behalf the Re&istrarby the Registrar.9. The Seal of the Board shall not be fixed on any instrument except in the presenceof any of the following persons:-(a) the Chairman:(b) the Vice-Chairman;(c) the Registrar;(d) any other employee of the Board appointed in writing in that behalf by the Registrar.10. Subject to the provisions of this Schedule, the Board may regulat;: its own pro- The Boardceedings.mayregil1ateits proceed.inp