CHAPTER 298
PUBLIC SERVICE ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Section

Title

PART I
PRELIMINARY PROVISIONS

   1.   Short title.

   2.   Date of commencement.

   3.   Interpretation.

PART II
ADMINISTRATION OF THE PUBLIC SERVICE

   4.   The Chief Secretary.

   5.   Other executives in the Service.

   6.   Duties of executives in relation to the service.

   7.   The Public Service Scheme.

   8.   Administration and terms of service.

PART III
THE PUBLIC SERVICE COMMISSION

   9.   Establishment of the Commission.

   10.   Functions of the Commission.

   11.   Oath of members.

   12.   Remuneration of members.

   13.   Protection of members.

   14.   The Secretary and staff of the Commission.

   15.   Departments of the Commission.

   16.   Annual report.

   17.   Communications of Commission privileged.

   18.   Prohibition of unauthorised disclosure of information.

   19.   Offence of attempt to influence the Commission.

   20.   Rules for exercise of the functions of the Commission.

PART IV
PROVISIONS RELATING TO FUNCTIONS OF THE PRESIDENT

   21.   Delegation of functions.

   22.   Advice not binding the President.

   23.   Powers of dismissal.

   24.   Powers of removal.

   25.   Appeals.

PART V
PROVISIONS RELATING TO RETIREMENT BENEFITS

   26.   Protection of pension rights.

   27.   Powers of the Chief Secretary in relation to pensions and other benefits.

   28.   Exemption from conditions.

PART VI
SPECIAL PROVISIONS

(a) Teachers' Service

   29.   Functions of Commission in relation to teachers' service.

(b) Executive Agencies and Public Institutions Service

   30.   Public servants in executive agencies and public institutions.

(c) Operational Service

   31.   Public servants in the Operational Service.

   32.   Legal proceedings.

   33.   Compensation for injuries and death.

   34.   Regulations.

   35.   [Repeal of various Acts.]

   36.   Savings and transitional provisions.

SCHEDULE

CHAPTER 298
THE PUBLIC SERVICE ACT

An Act to constitute the public service of the United Republic, to provide for its functions and obligations, to establish the Public Service Commission and provide for matters related to it.

[1st July, 2002]
[G.N. No. 278 of 2002]

Act No. 8 of 2002

PART I
PRELIMINARY PROVISIONS (ss 1-3)

1.   Short title

   This Act may be cited as the Public Service Act.

2.   Date of commencement

   The Act shall come into operation on such date as the Minister may, by notice published in the Gazette, appoint.

3.   Interpretation

   In this Act, unless the context requires otherwise–

   "appointing authority" means any person or authority exercising powers of making appointment to any public service office;

   "Chairman" means the chairman of the Commission and includes a person acting in that office;

   "Chief Secretary" means the public servant referred to in section 4 appointed to hold that office;

   "Commission" means the Public Service Commission established by section 9 and includes any department or division of the Commission;

   "Constitution" means the Constitution of the United Republic of Tanzania *;

   "Council" has the meaning ascribed to it by the Local Government (District Authorities) Act *, or the Local Government (Urban Authorities) Act *;

   "disciplinary authority" means any person or authority vested with powers under the Constitution, this Act or any other law to take disciplinary action against any public servant appointed by or subordinate to him;

   "judicial office" means an office to which Article 113 of the Constitution * applies;

   "judicial officer" means any person who holds or acts in a judicial office;

   "local government authority" has the meaning ascribed to it by the Local Government (District Authorities) Act *, or the Local Government (Urban Authorities) Act *;

   "member" in relation to the Commission means a member of the Commission and includes the chairman and, in relation to a committee, a member of the committee, and includes the Chairman of the committee;

   "Minister" means the Minister for the time being responsible for public service matters;

   "officer grade" means the lowest entry grade in the Public Service of a holder of a degree of a recognised University or equivalent qualification;

   "operational service" means the cadre of supporting staff not employed in the executive or officer grades;

   "parliamentary office" means an office constituted under the Parliamentary Services Commission Act *;

   "parliamentary officer" has the meaning ascribed to it by the Parliamentary Services Commission Act *;

   "Permanent Secretary" means the officer appointed as Permanent Secretary under section 5 and includes the Deputy Attorney-General and the Clerk of the National Assembly;

   "public servant" for the purpose of this Act means a person holding or acting in a public service office;

   "public service office" for the purpose of this Act means:

   (a)   a paid public office in the United Republic charged with the formulation of Government policy and delivery of public services other than–

      (i)   a parliamentary office;

      (ii)   an office of a member of a council, board, panel, committee or other similar body whether or not corporate, established by or under any written law;

      (iii)   an office the emoluments of which are payable at an hourly rate, daily rate or term contract;

      (iv)   an office of a judge or other judicial office;

      (v)   an office in the police force or prisons service;

   (b)   any office declared by or under any other written law to be a public service office;

   "the Service" means the public service of the United Republic of Tanzania.

PART II
ADMINISTRATION OF THE PUBLIC SERVICE (ss 4-8)

4.   The Chief Secretary

   (1) There shall be the Chief Secretary appointed by the President who shall be the chief executive officer of the Service.

   (2) The Chief Secretary shall be the head of the Public Service and the Secretary to the Cabinet.

   (3) The Chief Secretary shall, as head of the Service, provide leadership, direction and image to the Service and shall–

   (a)   ensure that public servants in the Service are trained, motivated, efficient and effectively performing, and the Service is free of corruption and other unethical tendencies;

   (b)   improve public accountability by promoting focus on result, service quality and customer satisfaction in public service performance;

   (c)   be responsible for confirmation of public servants appointed by the President;

   (d)   be a disciplinary authority in respect of public servants appointed by the President.

   (4) In addition to functions specified by the provisions of subsection (3), the Chief Secretary shall be the highest ranking disciplinary authority in the service and may, in that capacity, in relation to any servant exercise all or any of the powers delegated to a disciplinary authority.

5.   Other executives in the Service

   (1) Except where the President determine otherwise, there shall be appointed by the President–

   (a)   a chief executive officer in respect of each ministry, extra ministerial department, region or local government authority, in the Government of the United Republic, who shall be known as the Permanent Secretary for that Ministry, the Head of that extra ministerial department or Regional Administrative Secretary for the Region or the Director of the local government authority, as the case may be, save that–

      (i)   in the case of the office of the National Assembly, the person appointed to be the Clerk to the National Assembly shall also be the chief executive officer;

      (ii)   in the case of the Ministry of Justice and Constitutional Affairs, the person appointed to be the Deputy Attorney-General shall also be the Permanent Secretary;

      (iii)   in the case of Local Government, the Minister responsible for Local Government shall be the authority in respect of appointment, promotion and discipline of Directors of Local Government Authorities;

   (b)   a Chief Commanding Officer in respect of–

      (i)   the immigration service, to be known as the Director of immigration services;

      (ii)   the fire and rescue services, to be known as the Commissioner of Fire and Rescue Services;

   (c)   deputy Permanent Secretaries and Ambassadors;

   (d)   the Regional and District Commissioners.

   (2) For the purposes of subsection (1) the Director of Local Government Authority means an Executive Director of any Local Government Authority other than Directors of City Councils or Commissions.

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