REGULATIONS FOR THE ADMINISTRATION OF THE YOUTH COUNCIL, ELECTION
PROCEDURES, EMPLOYMENT AND FINANCIAL MATTERS.
TABLE OF CONTENTS
ARRANGEMEMNTS OF SECTIONS
REGULATIONS TITLE
PART I
PRELIMINARY PROVISIONS
1) Short
title and commencement
2) Interpretation
PART II
ELECTIONS
3) General
Election
4) By-election
5) Leaders
to be elected by the General Assembly
PART III
ESTABLISHMENT OF THE ELECTORAL COMMITTEE
6) Establishment
of the Electoral Committee
7) Functions
of the Electoral Committee
8) Composition
of the Electoral Committee
9) Qualifications
of Chairperson
10) Vice
Chairperson
11) Chairperson
and Members to take Oaths
12) Misconduct
of a Chairperson and Members of the Committee
13) Convening
Meeting
14) Quorum
of the Meeting
15) Procedures
at the Meetings
16) Tenure
of the Committee
17) Election
Officer
18) Allowances
for Members
19) District
Electoral Committee
20) Functions
of the District Electoral Committee
21) Composition
of the District Electoral Committee
22) Nomination
of the District Youth Council electoral committee
23) Qualification
of Chairperson of District Electoral Committee
24) Administration
of the District Electoral Committee
25) General
elections of the Council
PART IV
NOMINATION OF CANDIDATES
26)
Right to contest in election
27)
Nomination Forms
28)
Objection
29)
Declaration of Candidates
30)
Sole Candidate
31)
Withdrawal of a Candidate
32)
Absence of a Candidate
33)
Election Campaign
34)
Prohibition of Issuing and Receiving Corruption
PART V
ELECTION PROCEDURES
35)
Right to vote
36)
Secret Vote
37)
One Man One Vote
38)
Ballot Papers
39)
Ballot Box
40)
Agent
PART VI
COUNTING OF VOTES
41)
Counting of votes
42)
Declaration of results
PART VII
ELECTION COMPLAINTS
43)
Establishment of the Election Complaints Committee
44)
Determination of Complaints
PART VIII
ADMINISTRATION
OF THE COUNCIL
45) Staff of
the Council
46) Operation
of the Council
PART IX
MANAGEMENT OF DISCIPLINE
47) Disciplinary
Committee
48) Disciplinary
Authority for Youth council employees
49) Grounds
for Disciplinary Action
50) Suspension
of Public Officer of the Council under inquiry
51) Disciplinary
Proceeding
52) Decision
of the Disciplinary Authority
53) Disciplinary
Penalty
54) Right to
Appeal
PART X
MISCELLANEOUS PROVISIONS
55) Absence
of Agents or Candidate
56) Management
of Money of the Council
57) Application
for Membership
58) Interim
Management
59) Offences
and Penalties.
Schedule
I: Oath of Secrecy
and Impartiality for Members of the National Youth
Council Electoral Committee
Schedule II: Oath of Secrecy and
Impartiality for Members of the District Youth
Council Electoral Committee
Schedule III: Application Form for
Membership
A DRAFT REGULATION FOR
THE ADMINISTRATION OF THE YOUTH COUNCIL, ELECTION PROCEDURES, EMPLOYMENT AND
FINANCIAL MATTERS
ACT NO 16 OF 2013
Made under section 26 (2)a, b, c and d
PART I
PRELIMINARY PROVISIONS
Short
title and commencement
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1. These Regulations shall be cited
as the Election Procedures and Administration procedures , employment and financial
regulations and shall come into operation after being assented to by the
Minister.
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Interpretation.
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2. In these Regulations, unless the
context requires otherwise:
“Act” means the Zanzibar Youth Council Act, NO. 16 of 2013.
“Chairperson” means Chairperson of the Council;
“Electoral Committee” means the National Youth Council Electoral
Committee and the District Youth Council Electoral Committee as established
by the provisions of these Regulations;
“Council” means National Youth Council, District Youth Council and Shehia Youth
Council under the provisions of the Act;
‘’Complaint Committee’’ means the Committee established under
Regulation 43 of these Regulations
‘’District Commissioner’’ means District Commissioner of the
respective District
“General Assembly” means the National General Assembly of the
Council, District General Assembly and the Shehia Youth General Assembly as established under the provisions of the
Act;
“Minister” means the Minister for the time being responsible for
Youth Affairs.
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PART
II
ELECTIONS
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General
Election
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3. There shall be general
election of the Council which shall be held after every three years to elect
the following persons:
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a)
Chairperson;
b)
Vice Chairperson;
c)
Seven members of the Executive Council;
d)
Chairperson of the District Council;
e)
Vice Chairperson of the District Council;
f)
Seven members of the District Executive Committee;
g)
Chairperson of Shehia Council;
h)
Vice Chairperson of shehia council;
i)
Secretary of
Shehia Council; and
j)
Nine members of the Shehia Youth Executive Committee.
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By-election
|
4. There shall be by
election of the council which shall be held when any post mentioned in
regulation 3 of these regulations falls vacant.
Provided that by election shall not be held if
the remaining period before the general election does not exceed six months.
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General
Assembly to elect leaders of the Council
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5. Subject to the
provision of the Act, any leaders of the Council shall be elected by the
General Assembly convened for such purpose.
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PART
III
ELECTORAL
COMMITTEE
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Establishment
of the National Youth Council Electoral Committee.
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6. There is hereby
established a committee to be known as the National Youth Council Electoral
Committee.
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Functions
of the National Youth Council Electoral Committee.
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7. (1)
The National Youth Electoral Committee shall be responsible for the conduct
of elections in the National and District Youth Council.
(2)
Without prejudice to the generality of the provisions of sub regulation (1) of this regulation, the committee
shall:
a) receive applications from aspirants;
b)
Run free and fair election;
c)
To declare the names of the candidates;
d)
Count votes and declare the results of the elections;
e)
To receive and determine the objection of the candidates;
f)
To notify the candidates the outcomes of the election;
g)
To prepare and submit election reports and submit to the Ministry
h)
To perform any other relevant function in elections as per the mandate
of the Committee.
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Composition
of the National Youth Council Electoral Committee
|
8. The National Youth Council Electoral committee
shall be composed of the following members:
a) Chairperson
who shall be appointed by the Minister; and
b) Other
four members appointed by the Minister from among the persons with professional knowledge or experience in the conduct
or supervision of election.
Provided that the
composition of the National Youth Council Electoral Committee shall consider
gender, peoples with disability representation and at least one of the
members shall be a lawyer. The Minister through his Ministry shall regulate
its own procedures in the discharge of its duties.
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Qualifications
of the Chairperson of National Youth Electoral
committees
|
9. A person shall be eligible
to be appointed as Chairperson of the National Youth Electoral Committee if
he:
a)
Is a Zanzibari;
b)
Holds at least first degree in law, social
science or other related discipline from any recognized educational
institution;
c)
has a working experience of at
least five years in any of the field
mentioned in paragraph (b).
d)
has good character.
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Vice
Chairperson.
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10. The electoral
Committee shall elect one of their members to be a Vice-Chairperson of the
Committee.
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Chairperson
and Members to take oath
|
11(1). The Chairperson and
members of the National Youth Council electoral Committee shall not assume
office unless subscribe an oath of secrecy
and impartiality before the
Minister in the form as prescribed in the Schedule I to these Regulations
(2) The Chairperson and members of the
District Youth Council electoral Committee shall not assume office unless
subscribe an oath of secrecy and impartiality before the District
Commissioner in the form as prescribed in the Schedule III to these
Regulations.
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Misconduct
of Chairperson and members of the
Committee
|
12(1) In case of any misconduct
of the Chairperson or any member of the Electoral Committee the Minister or
District Commissioner as the case may be, may take the appropriate measures
to be taken against him.
(2) The Minister or District
Commissioner shall, on suo moto
or on a complaint filed by any member of the Council entertain any matter
relating to the misconduct of the Chairperson or member of the Electoral Committee
(3) In entertaining any matter referred
to under sub regulation 2 of this Regulation the Minister or District Commissioner
through it system shall afford the
alleged member the opportunity to defend himself against the allegation.
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Convening
of Meeting.
|
13. (1) All
meetings of the Electoral Committee shall be convened by the Chairperson or
in his absence by the Vice-Chairperson.
(2) In the absence of
both Chairperson and Vice Chairperson, the members present shall elect one
from their number to preside the meeting, and the member so elected shall
exercise all the powers and perform all the duties of the Chairperson.
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Quorum of
Meeting.
|
14. More than half of the total number of members shall
constitute a quorum at any meeting of the electoral Committee.
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Procedures
at Meetings
|
15. Subject to the provisions of these Regulations, the Electoral
Committee shall have power to regulate its own procedures in respect of the
meetings and the proper conduct of its business.
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Tenure of
the
Committee
|
16. The Electoral Committee
shall be formed two months before the conduct of the election of the council
and shall cease to exist one month after the election.
Provided that the Minister may extend
the tenure of the Electoral Committee where it deems necessary to do so but
such extension shall not exceed another one month from the date of extension.
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Election
Officers
|
17(1). The electoral
committee shall appoint such number of election officers as the Committee may
deem sufficient, who are not members of the electoral committee, candidate or
his agent to assist in the operations of the committee.
(2) The Electoral Committee shall
develop the procedures for recruiting election officers.
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Allowances
for Members.
|
18. The Chairperson and other members of the electoral committee
shall be entitled to be paid such allowances during its tenure in such rates
as the Council may determine from time to time and approved by the Minister.
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District Youth
Council Electoral Committee
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19. There is hereby
established a committee to be known as the District Youth Council Electoral
Committee.
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Functions
of the
District
Youth Council Electoral
Committee
|
20. The District Youth Council Electoral Committee
shall be responsible for the conduct of elections of the Council at Shehia
level.
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Composition
of the District Youth Council Electoral Committee
Nomination
of the District Youth Council Electoral Committee
Qualification
of Chairperson of District Youth Council Electoral Committee
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21. The District Youth Council Electoral Committee
shall be composed of the following members:
a) Chairperson
who shall be appointed by the District Commissioner; and
b) Other
four members appointed by the District Commissioner from among the persons with professional knowledge or experience in the conduct
or supervision of election.
22. Subject of the provisions of
Regulations 10, 11(2),12,,13,14,15,16 17 and 18 the Nomination of the
District Electoral Committee shall consider gender representation, people
with disability and at least one of the members shall be a lawyer .
23. A person shall be eligible to be appointed as Chairperson
of the Committee if he:
a)
is Zanzibari;
b)
holds at least first degree in law, social
science or related discipline from any recognized educational institution;
c)
has a working experience of at
least three years in any of the field
mentioned in paragraph (b). and
d)
has good character.
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Administration
of District Youth Council Electoral Committee
General
Election of the
Council
|
24. The provisions of
regulations 10 to 18 shall be mutatis
mutandis applicable to the District Electoral Committee.
25. The Election of
Shehia Youth Council shall be held at least two months before the election of
the District Youth Council and for election of District Youth Council shall
be held at least one month before Election of National Youth Council.
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PART IV
NOMINATION OF
CANDIDATES
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Right to
contest in Election
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26. Every member of the
council who meets qualifications as provided in the Act shall have the right
to contest in the election of the Council at respective level.
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Nomination forms
|
27. (1) Every candidate
shall fill nomination forms and submit them to the election officer within
time as may be prescribed by the electoral committee provided that the
prescribed time shall not exceed ten clear days.
2)
There shall be a special fee which shall be fixed by the Electoral Committee
that shall be paid upon submission of the nomination forms.
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Objection
|
28. (1) Any member of the
Council may within five days from the date of the submission of nomination
form may object to the electoral committee, the candidature of any person on
the ground that a person is not qualified for the post he is contesting for.
(2)
The objection shall only be made in writing by a person who resides in the
respective areas of election; Shehia, District and National.
(3)
The electoral Committee shall, upon receipt of the objection, dispose of the
matter within five days and shall notify the parties accordingly.
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Declaration
of Candidates
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29. The electoral committee
shall declare the names of candidates at least ten days before election and after
the lapse of time of the submission of forms or after the disposal of all
filed objections if any.
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Sole
Candidate
Withdrawal
of Candidates
Absence of Candidate
Election
Campaign
Prohibition
of issuing and receiving corruption
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30. (1) Where there is
only one contestant candidate, the electoral Committee shall declare such
person as the sole candidate.
(2)
The candidate declared under sub-regulation 1 of this regulation, shall be
duly elected in the respective office if he obtains more than fifty percent
of the total votes.
(3)
If the sole candidate failed to secure the required votes, the electoral Committee
shall declare another election after one month from the previous election.
31. The candidate may
withdraw from contesting by notice in writing signed and delivered by him to
the Committee within seven days before the election day.
32. Where after the
nomination there is no candidate for the post being contested for, the election
Committee shall declare another election day for a particular post.
33(1). The campaign period
shall be the whole period commencing from the day after declaration of
candidates up to one day before election day.
(2)
Any person who contravenes the provisions of Sub- Regulation 1 commits an
offence and shall be liable to be removed from contesting election by
Electoral Committee..
34(1) Subject to the
provisions of the Act and any other law for the time being in force, any act
of bribery is prohibited in the elections of the Council.
(2)
Any candidate who is proved to have issued or received bribery shall be
disqualified from the election.
PART V
ELECTION PROCEDURES
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Right to
vote
|
35. Every member of the Council, who qualifies to vote, shall be
entitled to vote in the respective election of the Council.
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Secret
Vote
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36(1). Every voter shall cast his vote in secret ballot
(2) The electoral Committee
shall keep conducive environment that will enable voters to cast their votes
secretly.
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One man
one vote
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37. Every voter shall have
one vote in each contested post.
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Ballot
paper
|
38. (1) The electoral committee shall prepare ballot papers which
shall be in such shape and form that will enable voter to cast his vote
properly.
(2) The ballot papers
shall contain the name and picture of the candidate and his contesting post.
(3) The electoral Committee
shall prepare the procedures in which the people with disability will cast
their votes without any inconveniences
(4) In case of a person
is incapable of casting his vote by reason of illiteracy or any disability he
may choose a person to assist him in casting his vote.
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Ballot
box
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39.
Immediately before the commencement of voting, the election officer shall
show the empty ballot box to persons lawfully present so that they may see
that it is empty and thereafter close it in such a manner to prevent it being
opened.
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Agent
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40. Every candidate may appoint a person to be his agent who may be
present during voting and counting of votes.
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PART VI
COUNTING OF VOTES
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Counting
of votes
|
41. (1) Immediately after the closure of the voting exercise, the
Committee shall start counting of votes.
(2)
Only candidate or his agent if any shall be present during the
counting of votes.
(3)
The electoral Committee may allow any member of the media or
observer to be present during the counting of votes.
(4)
All votes shall be counted at the election station and the results
shall be displayed at any conspicuous place at the station
(5)
The counting of votes shall be transparent to every candidate and
agent who is present during counting exercise.
(6)
For the purpose of transparency during counting of votes, the
election officer or any officer dully authorized by the electoral Committee
shall count a loud each ballot paper and record the total of the ballot
papers found in the ballot box.
(7)
Immediately after counting of votes, every candidates or agent
present and chairperson or any officer dully authorized by the electoral Committee
shall shall fill and sign election
result forms.
After counting of votes, election officer or
any authorized officer by the electoral Committee shall compile the election result
forms, write an election report and
within twenty four hours submit them to the higher level structure
Provided that the higher level structure for
the National Electoral committee shall be the Minister.
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Declaration
of Results
|
42. (1) The chairperson after receiving results of all candidates and
upon verification, within twenty four hours shall declare election results.
(2) A candidate shall
be declared a winner if he gets majority of votes.
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PART VII
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ELECTION COMPLAINTS
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Establishment
of the Election Complaint Committee
|
43. (1)
There shall be Election Complaints Committee which shall be composed of not
more than five and not less than three members.
2) the Complaints Committee shall be
responsible to do the following:
a)
To
receive election complaints as may be submitted to it;
b)
To
resolve election complaints;
c)
To
notify the parties the outcome of complaints;
d)
To
submit report to the General Assembly.
(3) Members of the Complaints
Committee shall be appointed by the Minister ,
Provided that the members shall be amongst persons who are not members of the Electoral Committee of the
Council, candidates or agents in any elections of the Council.
(4) Any person aggrieved by the
election results may submit his complaints to the Minister for National and
District Election within five days from the day the election results were
declared.
(5) The Complaint Committee or
National Youth Council electoral Committee may call any person or demand any
document which in the opinion of the Complaint Committee relevant in the
determination of the complaint.
(6) The complaints shall be in writing
and shall state the reasons for the dissatisfaction and any procedures
violated.
(7) Any person aggrieved by the election
results in Shehia elections may submit his complaints to the National
Electoral Committee within five days from the day when the election results
were declared.
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Determination
of Complaints
|
44. The
Complaints Committee or National Youth Council Electoral Committee shall hear
the complaints and give its decision within seven days from the day of
receiving complaints.
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PART VIII
ADMINISTRATION OF THE COUNCIL
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Staff of
the Council
|
45 (1) There shall be staff of the Council to be
employed by the Council upon such terms and conditions in accordance with
Staff Regulations established by the Council in conformity with the
provisions of the Public Service Act and its Regulations.
(2)
The Council may, in order to facilitate the performance of its functions establish
such departments, sections or units to be headed by the heads and other staff
as may be determined by the Council in conformity with the provisions of the
Public Service Act and its Regulations.
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Operation
of the Council
|
46.
(1) The National Youth Council shall work closely with the District Youth
Council and Shehia Youth Council.
(2) Subject
to the provisions of the sub-regulation 1 of this Regulation, the National
Youth Council shall have supervisory power over District Youth Council and
Shehia Youth Council.
(3) Any matter which needs further
consideration may be referred to the superior Council.
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PART IX
MANAGEMENT OF DISCIPLINE
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Disciplinary Committee
|
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Disciplinary
Authorities for employee
Grounds for Disciplinary Action
Suspension of Public Officer of the Council under inquiry
Disciplinary Proceeding
Decision of the Disciplinary Authority
Disciplinary Penalty
Right to Appeal
|
48. For the
purpose of administrating the discipline in the Council, the following shall
be the disciplinary Authorities:
a. Heads of Department who shall
administer discipline in their respective department in accordance with
Public Service Act and its Regulations.
b. The Executive Secretary who shall
administer the discipline within the Council in accordance with Public
Service Act and its Regulations.
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PART X
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MISCELLENEOUS PROVISIONS
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Absence of agents or
Candidate.
|
55. The absence of agent or a candidate at the appointed time and place
of voting shall not stop, delay or invalidate the election process.
56. All monies of the Council shall be managed and controlled by the
Executive Secretary of the Council according to Public Finance Act.
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Application for
membership
|
57. (1) The Secretary of Shehia Youth Council shall issue application
forms to the applicant.
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(2) The applicant shall
submit dully application forms to the Secretary who shall submit the same to
the Shehia Executive Committee for consideration and approval.
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(3) Any applicant who
is admitted by the Shehia executive committee shall be so informed in writing.
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(4) In case the Shehia Executive
Committee rejects the application, the Secretary shall forthwith inform the
applicant in writing citing reasons for such rejection.
Subject to the provisions of Regulations 58 (1),(2), (3) and (4) ,
there is hereby the Ministry appoint the interim Secretary of each Shehia
Youth Council to perform these duties until the Secretary of Shehia Youth
Council elected.
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Interim management of
the Council
|
58. Each General election the previous leadership will resign and the
members of General Assembly shall elect one among them who is not contester
to be chairman of the general assembly until the general election in
accordance with the provisions of the Act and these Regulations is held and
the new leadership elected.
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Offences and
Penalties.
|
59. Any person who contravenes the provisions of these Regulations commits an offence and upon conviction, if no
penalty is mentioned, shall be liable to fine of not less than five hundred
thousand or imprisonment for a term of not less than six months or to both
such fine and imprisonment.
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SCHEDULE I
ZANZIBAR
YOUTH COUNCIL
Application
Form for Membership
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Please type or print your answers in the space
provided below:
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Part 1: PERSONAL
INFORMATION
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Sex (Male or
Female)
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First and
Middle Name(s)
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Surname
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Current Occupation
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Date of Birth
(Please attach with a copy of Birth Certificate )
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Marital
Status
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Permanent
Address
P.O.BOX……..
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E-mail
Address
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Telephone
Number
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Shehia
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District
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Part 2: Supplementary Personal Information
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Academic
Qualifications
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Zanzibar
ID/National ID or Passport Number (please attach copy)
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Country and
Place of Issuance
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Date of
Issuance
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Date of
Expiration
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Are you an
active member of any Organization? If yes, give the name of the organization
concerned; and for how long?
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What do you
know about the Zanzibar Youth Council and who introduced you to it?
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What
motivated you to join the Zanzibar Youth Council?
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What are your
expectations in the event of your being enrolled as a member of Zanzibar
Youth Council?
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Part 3: FOR OFFICE
USE
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The applicant
has been approved.
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The Applicant
has not been approved.
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Reason(s) for
applicant’s disapproval.
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Has the
applicant paid the application fee in the amount of Tshs…..?
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Please return the duly completed application form
to: The Secretary of Shehia Youth Council.
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SCHEDULE
II
OATH OF SECRECY AND IMPARTIALITY FOR MEMBERS OF THE
NATIONAL YOUTH COUNCIL ELECTORAL COMMITTEE
[Made under Regulation 12 (1) of these Regulations]
I, …………………………………. having
been appointed as Chairperson/Member of the Electoral Committee of the Youth
Council, do hereby affirms and states that, I will perform my duties
faithfully, Impartial and with high integrity in accordance with my knowledge
and understanding.
Therefore, I
hereby declare that, I will not disclose any information which comes to my
knowledge as a Chairperson/ Member of the Committee, to any person or
institution as contrary to the Laws and Regulations of Zanzibar
MADE on
Zanzibar……….. this day of ……………………….., 20…………..
……………………………… …………………………
Chairperson/Member
Minister
SCHEDULE III
OATH OF SECRECY AND IMPARTIALITY FOR MEMBERS OF THE DISTRICT
YOUTH COUNCIL ELECTORAL COMMITTEE
[Made under Regulation 12 (2) of these Regulations]
I, …………………………………. having
been appointed as Chairperson/Member of the Electoral Committee of the Youth
Council, do hereby affirms and states that, I will perform my duties
faithfully, Impartial and with high integrity in accordance with my knowledge
and understanding.
Therefore, I
hereby declare that, I will not disclose any information which comes to my
knowledge as a Chairperson/ Member of the Committee, to any person or
institution as contrary to the Laws and Regulations of Zanzibar
MADE on
Zanzibar……….. this day of ……………………….., 20…………..
……………………………… …………………………
Chairperson/Member
District Commissioner
BARAZA
LA VIJANA ZANZIBAR
Fomu
ya Maombi ya Uwanachama
Ada ya
maombi……………………………………. kama ilivyokubalika
Jaza nafasi zifuatazo
Sehemu
ya 1: Maelezo Binafsi
Jinsia (Mwanamme au
mwanamke)
Jina la mwanzo na jina
la kati
Jina la Mwisho
Kazi ya sasa
Tarehe ya kuzaliwa
(ambatanisha nakala ya cheti cha kuzaliwa)
Hali ya ndoa
Anuwani ya kudumu
S.L.P
Imail
Nambari ya simu
Nambari ya simu
Shehiya
Wilaya
Sehemu
ya 2: Maelezo ya Ziada
Kiwango cha Elimu
Kitambulisho cha
Mzanzibar/Kitambulisho cha Mtanzania au Pasipoti Nambari
(Ambatanisha nakala)
Nchi na mahala
ilipotolewa
Tarehe iliyotolewa
Tarehe ya mwisho
Wewe ni mjumbe wa
jumuiya yoyote?
Kama ndio, jina la
jumuiya hiyo na ni muda gani umejiunga?
Vipi umelisikia Baraza
la Vijana la Zanzibar na nani amekujuilisha Baraza hilo?
Kitu gani kimekuvutia
kujiunga na Baraza la Vijana Zanzibar?
Matarajio gani unayo
baada ya kukubaliwa uwanachama wako wa Baraza la Vijana la Zanzibar.
Sehemu
ya 3: Kwa Matumizi ya Afisi
Muombaji amekubaliwa
Muombaji hajakubaliwa
Sababu za kutokukubaliwa
Muombaji amelipia ada
ya kujiunga kwa Tsh
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