PUBLIC SERVICE ACT - Laws of Tanzania

"employer" includes the Government and any other employer who may be approved by the Minister, and in the absence of such a person, the owner or manager of the school;

"Government school" has the meaning ascribed to it in the Education Act *;

"member" means a member of the Teachers' Service Commission;

"non-citizen" mean a person who is not a citizen;

"promotion" means the appointment of a teacher to a Service post the salary, or the maximum of the salary scale, of which is greater than the salary, or the maximum of the salary scale, of his immediately preceding teaching or education post;

"recategorisation" means assessment of a teacher's grade and Salary Scale proportionate to the qualifications a teacher may have acquired in a recognised professional training or academic qualification approved by the Commissioner for Education;

"Register of Teachers" means the Register maintained pursuant to section 46 of the Education Act;

"Regional Committee" means the Regional Committee established under the Act for the relevant area;

"secondment" means the attachment of a member to any other public service or private institution or post for specified or unspecified period as may be approved and decided upon by the Board;

"serious misconduct" includes the following:

(a) the teacher has rendered himself unfit for his duty by reason of the use of intoxicants or drugs;

(b) the teacher has been guilty of immoral conduct;

(d) the teacher has used his position as a teacher to encourage disrespect for or disobedience to the lawfully constituted Government of the county or of any lawfully constituted local government authority or of any laws or orders lawfully promulgated; and

(e) the teacher has as a result of any wrongful action ceased to be in a position to be able to carry out his duties satisfactorily;

(f) the teacher has been guilty of a criminal offence;

(g) the teacher has conducted himself in a manner prejudicial to the smooth running of the curricular or extracurricular program or to any program initiated by the state;

"Service post" means–

(a) a teaching post in a Government school;

(b) any private or public post assigned to a teacher while on secondment;

(d) a teaching post in an unaided school, or an unaided educational post, if the employer has signified his agreement to give effect to these Regulations in relation to it and for the purposes of this definition "aided" and "unaided" refer to a "grant-in-aid" within the meaning ascribed to that expression in the Education Act *; or

(e) an education post approved by the Minister for the purpose of these Regulations;

"teacher" has the meaning ascribed to it in the Education Act *;

"Teachers' Service Commission for National Institutions" means the Commission appointed by the Minister to cater for members in the National Institutions.

(2) References in these Regulations to permanent terms, temporary terms or non-citizen contract terms include references to such terms as varied by any special agreement.

(3) Upon the commencement of these Regulations, the Minister shall notify the Central Board of any educational or teaching post to which paragraph (c) or (d) of the definition "Service post" refers which he proposes to treat as having been approved with effect from the first day of January, 1963, and thereupon every such post shall be deemed to has been a Service post from that date and every teaching post in the establishment of a public school between the first day of January, 1963, and the day immediately preceding the commencement of these Regulations (both days inclusive) shall be deemed to have been a Service post.

PART II
THE TEACHERS' SERVICE COMMISSION (regs 3-6)

3. Members of Service

Subject to the provisions of regulation 5–

(a) every person registered in Part I of the Register of Teachers who, between the first day of January, 1963, and the day immediately preceding the commencement of these Regulations accepted an appointment to a Service post shall be deemed to have become a member of the Service upon taking up the duties of that post;

(b) every person registered in Part I of the Register of teachers who, on or after the commencement of these Regulations, accepts an appointment to a post which, is at the time of his appointment a Service post, shall, if he is not already a member of the Service, become a member of the Service upon taking up the duties of that post;

(c) every person registered in Part II of the Register of teachers who, on or after the 1st day of January, 1979 accepts an appointment to a post which, is at the time of his appointment a Service post, shall, if he is not already a member of the Service become a member of the Service upon taking up the duties of that post.

4. Option to join the Service

(1) Subject to the provisions of regulation 5, every person registered in Part I of the Register of Teachers who–

(a) was, on the first day of January, 1963, employed in a Service post and is so employed on the commencement of these Regulations;

(b) was serving in any post on any date after the commencement of these Regulations on which that post becomes a Service post,

may elect to become a member of the Service.

(2) An election under this regulation shall be made in writing to the Central Board and shall be irrevocable.

(3) For the avoidance of doubts it is hereby declared that nothing in this regulation shall be construed as empowering a person to whom regulation 3 applies to elect not to become a member of the Service.

5. Exemptions

(1) Nothing in regulation 3 shall apply to–

(a) any person who is employed by the Government on pensionable terms otherwise than in a Service post, solely by reason of his being seconded to a Service post;

(b) any non-citizen who is employed as a teacher by the Government on pensionable terms;

(c) any non-citizen who is employed as a teacher on terms approved by the Minister under or in accordance with a technical aid agreement between the Government and the Government of another country or its agency;

(d) any person who is employed as a teacher on contract or temporary terms in a private institution.

(2) Notwithstanding the provisions of subregulation 1 of this Regulation, any citizen who is employed as a teacher on permanent pensionable terms in a Service post may be seconded to any institution approved by the Minister provided that the employing authority shall have agreed to meet the cost of pension and other fringe benefits applicable to members of the Service and at such rates as the Minister may from time to time so decide.

6. Cessation of membership

(1) A person shall cease to be a member of the Service–

(a) on his dismissal from the Service in accordance with regulation 27;

(b) on his removal from Part I or Part II of the Register of Teachers;

(d) on his compulsory retirement from the Service in accordance with paragraph (1) or paragraph (2) of regulation 23;

(e) on completion of his contract;

(f) if for a period of two consecutive years since he last joined the Service he has not been employed in a Service post–

(i) in computing any period there shall be excluded any period during which the member was attending a course of instruction or training approved by the Commissioner for Education or during which the member was on transfer or secondment to the Public Service or to the service of any organisation or institution with the consent of the Minister or during any period of leave without pay approved by the Board;

(ii) the Central Board may, either before or after the expiration of the period of two years, extend the said period where the reason for that person's not being so employed in his illness or physical or mental infirmity or any other cause as the Board may think fit;

(g) on his resignation or voluntary retirement from the Service:

Provided that no member of the Service may resign or voluntarily retire from the Service so long as he is employed in a Service post;

(h) upon his appointment to a post in the public service of the United Republic otherwise than on temporary transfer or secondment.

(2) References to regulations in paragraph (1) shall, in relation to members serving on temporary or non-citizen contract terms include references to those regulations as they apply under Part V of these Regulation.

PART III
APPOINTMENTS TO SERVICE POSTS AND TERMS OF EMPLOYMENT (regs 7-13)

7. General

(1) In making appointments to Service posts and in employing members of the Service in those posts, employers shall give effect to these Regulations.

(2) Subject to any special agreement made with the consent of the Central Board or, in the case of a person on non-citizen contract terms, of the Minister, the terms and conditions of employment of members of the Service in Service posts shall be the appropriate Service terms; and employers shall employ members of the Service in Service posts, and those members shall serve their employers, on those terms; and employers and the members shall give effect to the acts or direction of the Minister, the Central Board, the Commissioner for Education and the District Committees, in accordance with those terms.

(3) No employer shall abolish a Service post while it is held by a member of the Service without the consent of the Central Board.

(a) Appointments (regs 8-10)

8. Qualifications of Parts I and II Teachers for Service posts

No teacher registered in Part I or Part II of the Register of Teachers shall be appointed to a Service post–

(a) unless he has undergone a medical examination conducted by a registered or licensed medical practitioner and has been certified as fit for the duties of the post:

Provided that it shall not be necessary, unless the regional Committee otherwise directs, for a teacher to undergo a medical examination where he is promoted by the employer in whose service he was serving immediately prior to the promotion;

(b) if he has previously been dismissed or resigned from the Service unless the Central Board consents to it, or if he has previously been removed from Part I or Part II of the Register of Teachers, unless the Minister consents to it:

Provided that the Central Board shall not approve of the re-appointment of a teacher formerly dismissed from the Service unless after considering the report of the District Committee or the recommendation of the Regional Committee or the recommendation of the Ministry in respect of teachers in National Schools is of the opinion that the teacher has sufficiently reformed so as to be able to carry out his duties satisfactorily; and the Board may direct the conditions for the re-employment of that teacher;

9. Appointments on promotion

(1) No person shall be promoted to any Service post unless his promotion has first been approved by the Central Board.

(2) The Central Board shall not approve any promotion except after consultation with–

(a) in the case of promotions to Service posts in National Institutions, the Committee for National Institutions; and

(b) in the case of promotions to Service posts in regional schools, the relevant Regional and District committees.

(3) Every promotion to a Service post shall be based on recognised experience possessed or qualifications held by the candidate or on his own merit.

(4) The Minister may prescribe any examination, tests or interviews for the purposes of assessing a candidate's suitability for promotion which he may think fit.

10. Appointments to Service

(1) Where a person who is, or on his appointment becomes, a member of the Service is appointed to a Service post, the employer and posts the appointee shall make and sign an agreement in the form prescribed in the Second Schedule to these Regulations within a period of 12 months from the date of appointment to such post and there shall be annexed to the Agreements, a history sheet, a next of kin card, the Code of Professional Conduct and a Schedule of Principal Conditions as prescribed in the Second Schedule.

(2) No terms shall be added to or deleted from the said Agreements, Code or Schedule save with the consent of the Central Board, or, in the case of a person on non-citizen contract terms, of the Minister.

(3) One copy of the Agreement and its annexures shall be supplied by the employer to the appointee, one copy shall be retained by the employer, one copy shall be supplied to the District committee and the original and one copy shall be sent by the employer to the Regional Committee together with a medical certificate relating to the examination referred to in regulation 8, the Regional Committee shall send the original of the Agreement and the medical certificate to the Central Board:

Provided that in an appointment to a service post in a National School or in a post Primary institution, the distribution of the copies of agreement shall go to the appointee, the employer and the Central Board.

(4) If the appointee was not, prior to his appointment, a member of the Service or if he is a retired teacher being re-employed to a Service post, the Central Board shall issue to him a letter of membership, which shall serve as a letter of appointment to the Service post.

(b) Terms of Employment (regs 11-13)

11. Permanent terms

(1) The appropriate Service terms for a citizen who is, or on his appointment becomes, a member of the Service and who–

(a) at the date of his appointment to his current post is, or at the time he last joined the Service was, under the age of forty-one years; or

(b) in the case of a person who elects to join the Service under subparagraph (b) of paragraph (1) of regulation 4, was under the age of forty one years on the date on which his post becomes a Service post.

(2) Where a citizen to whom item (b) of the proviso to paragraph (1) refers is continuously employed by the same employer for a period longer than one year the appropriate service terms for that person after the expiration of the first year shall be the terms prescribed by these Regulations.

(3) Teachers serving on permanent terms prior to the commencement of these regulations shall continue to enjoy those terms on or after the commencement of these Regulations.

(4) Notwithstanding the provisions of this Regulation but subject to the provisions of Regulations 7 and 23, the Central Board may approve the alterations of the terms of appointment of a member provided that those terms are to the advantage of the members having regard to the provisions of the Pensions Regulations in respect of the qualifying period for the payment of pensions and gratuities.

12. Temporary terms

The appropriate Service terms for a citizen, other than a citizen to whom regulation 11 applies, and a non-citizen who at the time of her appointment to her current post is a married woman, are temporary terms:

Provided that, in the case of a citizen who is first appointed to a service post after he has attained the age of forty-five years, the appropriate Service terms shall be contract terms.

13. Non-citizen contract terms

(1) Subject to the provisions of Regulation 7, the appropriate Service terms for a male person and a female who at the time of her appointment to her current post is unmarried, who, not being a citizen, is, or on his or her appointment becomes, a member of the service, are non-citizen contract terms.

(2) The appropriate Service terms for a citizen who is first appointed to a service post after he has attained the age of forty-one years, shall be contract terms.

(3) Subject to the provisions of Regulations 23, pensioners shall be re-employed on temporary terms of service except in the following circumstance when a contract may be issued–

(i) the post to be filled is an important one;

(ii) the only suitable candidate available for it is a pensioner; and

(iii) it is essential to secure his services which can only be done by offering contract terms.

PART IV
PERMANENT TERMS (regs 14-43)

14. Permanent terms

Subject to any such special agreement to which Part III refers, this Part applies to permanent terms, to members of the service employed in Service posts on permanent terms, and to employers in respect of members so employed.

(a) Probation and Promotion on Trial (regs 15-16)

15. Probation on first appointment

(1) Subject to the provisions of this regulation on his first appointment to a Service post on permanent terms, a member of the service shall serve a probationary period of two years or any longer period, not exceeding three years in the aggregate as may be appointed under paragraph (2).

(2) Not later than three months before the expiration of the probationary period the appropriate District Committee in respect of a member in a Regional School shall recommend to the Regional Committee that–

(a) the member shall be confirmed in his appointment; or

(b) the probationary period shall be extended (for a maximum period of one year) to afford the member an opportunity of improvement in his work or conduct which have been adversely reported on; or

(3) Where the Regional Committee is of the opinion that a probationary period should be extended under subparagraph (b), or an appointment should be terminated under subparagraph (c) of paragraph (2), it shall, before directing the extension of that period or the termination of that appointment, by letter inform the member of its intention to give directions and of the right of the member to make representations on it within a period of one month.

(4) Notwithstanding the provisions of paragraph (2), but subject to the provisions of paragraph (3), the regional Committee may, at any time during a probationary period, direct the termination of the appointment of a member serving the probationary period without assigning any reason for it.

(5) Upon the Regional Committee directing the termination of the appointment of a member under this regulation, that member's employment by his employer shall immediately be determined and the member shall cease to be a member of the Service.

(6) In making recommendations for the confirmation of a member in a service post, the District Committee shall consider the report made in respect of the member by the Inspectorate and in the event of there being any doubt as to the authenticity of the report the committee may order a re-inspection of the member by a special panel appointed by the committee.

(7) The provisions of this regulation shall be applied mutatis mutandis in respect of a member appointed to a service post in National School, a post primary institution or an education administrative post:

Provided that the powers and functions conferred upon District and Regional Committees in this Regulation, shall in respect of members appointed to Service posts stipulated in this subregulation, be exercised by the employers and the Central Board respectively.

16. Promotion on trial

(1) Where a member of the Service is appointed to a Service post on promotion or to a Service post the holder of which is entitled to a responsibility allowance, being in either case a Service post in the establishment of the employer by whom he was employed in a Service post immediately before that appointment, he shall serve on trial the first six months in that post (exclusive of any period of leave) or such longer period as may be appointed under paragraph (3).

(2) At any time during a period of trial, the appropriate authority may, if it is of the opinion that the member has failed to perform satisfactorily all or any of the duties of the new post, advise the member that his compulsory reversion to his former appointment is under consideration and ask if he wishes to make any representations.

(3) Where the appropriate authority directs that a member shall revert to his former appointment, he shall thence be deemed to have been appointed by the employer to service post which he held immediately before his appointment to the post in which he served on trial.

(4) For the purposes of this regulation "responsibility allowance" means the allowance referred to in regulation 41, and "appropriate authority", in respect of a member in a Regional School or National shall be the Regional Committee and the Central Board responsibility.

(b) Salaries, Increments, etc. (regs 17-20)

17. Salary

(1) The first appointment of a member of the Service to a Service post shall be at the grade, in the salary scale, and at the entry point of the scale, appropriate to his qualifications as prescribed by the First Schedule to these Regulations:

Provided that a member may, on the appointment, be granted an incremental credit for previous teaching experience or extra-curricular qualifications or recognised service approved by the Commissioner for Education up to the maximum point in the appropriate salary scale, and, where he is granted that credit, his entry point shall be determined accordingly.

(2) The appointment of a member to a Service post on promotion or recategorisation shall be at such grade, on the salary scale, and at the entry point in the scale, which the Commissioner for Education shall determine.

(3) Nothing in this regulation shall preclude the Minister from authorising the appointment of any teacher at a salary other than those prescribed in the First Schedule or otherwise in these Regulations.

(4) In the event of there being any dispute as to the grade, scale or entry point at which a member is appointed, other than a member whose salary has been specifically authorised by the Minister, the decision of the Commissioner for Education shall be final.

18. Payment of Salary

(1) A member's salary shall, so far as possible, be paid at the end of each month.

(2) Where a member is proceeding on leave he may, at the employer's discretion, be advanced his salary up to the end of the period of his leave.

19. Increments

(1) For the purposes of determining the date on which a member of the Service becomes eligible for an increment in the salary scale on which he is appointed–

(a) the first incremental date of a member appointed to a post shall be the first day of the month following the month of first appointment, where the date of first appointment was the first day of a month, the incremental date shall be the date of that appointment;

(b) the next increment date of a member promoted to a Service post shall be the first day of the month following the month of promotion; but where the date of promotion was the first day of the month, the incremental date shall be the date of that promotion;

Provided that no member who is serving a probationary period under regulation 15 shall become eligible for a second or subsequent increment until he is confirmed in his appointment.

(2) No member shall have a right to an increment, but, unless an increment is withheld or stopped in accordance with these Regulations and subject to the provisions of regulation 15 the employer shall grant increments annually up to the maximum of the scale on which the member is appointed.

(3) Except where the Central Board directs to the contrary the incremental date of a member shall be retarded by the period of any leave without pay granted to that member.

(4) In the event of there being a dispute as to the appropriate incremental date of a member in respect of re-appointment, re-instatement, recategorisation or otherwise the decision of the Commissioner for Education shall be final.

(5) Any re-assessment of salary made with the consent of the Commissioner for education may not effect the member's incremental date.

(6) Where an increment is withheld on the due incremental date, the member shall not be entitled to receive the same until he has performed his duties to the satisfaction for his employer, whence the increment shall be granted and the member shall be entitled to be paid the arrears from the due incremental date.

(7) Where an increment is stopped, the member shall not receive any increment during the year for which it is stopped.

(8) No increment shall be granted before the due date.

(9) Notwithstanding the provisions of the preceding subregulations, soon after the publication of these Regulations, serving members shall retain their immediate incremental dates, provided that no member shall be eligible for the next increment before the completion of twelve months from the date he has last been granted that increment.

(10) Nothing in this regulation shall be construed as prohibiting the Commissioner for Education, or the Central Board, as the case may be, from awarding an extra increment or increments to a member who has obtained higher academic qualifications from a recognised institution.

20. Categorisation

The Commissioner may after consultation with the Central Board, categorise, recategorise or regrade a member to any grade or scale of salary, or both to the grade and salary, which he thinks is appropriate to the member's professional, technical or practical experience in the fields which he thinks relevant to the teaching profession or that would be beneficial to curricular development at large and when he so decides the scale and entry point shall be determined in accordance with the provisions of regulations 17.

21. Dismissal

No member of the Service shall be dismissed from a Service post by his employer except where, as a consequence of disciplinary action being taken against him under these Regulations, he is directed by the disciplinary authority to be so dismissed.

22. Termination of appointment

The appointment of a member of the Service in a Service post shall not be terminated by his employer otherwise than by dismissal–

(a) except with the consent of the Central Board and on the employer giving the member not less than three months' notice or one month's salary in lieu of it; or

(b) on the member's compulsory retirement under regulation 23.

23. Voluntary retirement

(1) A member of the Service may elect to retire at any time after he has attained the age of fifty years or, in the case of a female member, upon her marriage.

(2) The provisions of paragraph (1) shall not apply in the case of any member, other than a female member electing to retire on marriage, if the Minister so directs, and in that case, the member in respect of whom the direction is given shall not be entitled to elect to retire under paragraph (1) until after the expiration of the period which the Minister may specify.

24. Compulsory retirement

(1) The Central Board may require a member of the Service to retire from his current post and from the Service–

(a) at any time after the member has reached the age of fifty-five years;

(b) at any time, on the grounds of infirmity of body or mind which in the opinion of a registered or licensed medical practitioner in the service of the United Republic is likely to be permanent; or

(c) on the grounds that the post of that member is to be abolished or that the re-organisation of the establishment of Service posts of the employer makes the retirement desirable; or

(d) if the Board, having considered any report made to it by the Commissioner, is of the opinion that it is desirable in the public interest that the member should be required to retire:

Provided that no member shall be required to retire under this subparagraph unless he has first been given an opportunity to show cause why he should not be required to so retire; or

(e) a member may opt to retire at any time after he has attained the age of fifty years.

(2) Every member shall retire from his current post and from the Service at the end of the term next following his reaching the age of fifty five years.

(3) Notwithstanding the provisions of these Regulations, no member shall be permitted to continue in the service on pensionable or contract terms after he attains the age of sixty years.

25. Resignation

(1) Any member may resign from the current post on giving his employer three months' notice or one month's salary in lieu of it:

Provided that in case of a member serving under any bond, he shall, prior to the resignation be required to meet the requirements of the bond and settle all liabilities with the employer.

(2) Notwithstanding the provisions of these Regulations, a member's voluntary resignation shall entail forfeiture of all rights or claims with regard to leave, passage, superannuation benefits normally awarded under the Pensions and Gratuities Regulations and any other benefits and privileges attached to the post.

26. Certificate of Service

Where the appointment of a member is terminated or where he retires or is retired from a Service post, his employer shall supply the teacher with a Certificate of Service which has been endorsed by the chairman of the Regional Committee, in respect of a member in a Regional school and the chairman of the Central Board in respect of a member in National School or Institution.

27. Employers to report retirements

An employer shall report to the Regional Committee and the Central Board–

(a) six months before the impending retirement under regulation 24(2) of a teacher employed by him, such impending retirement;

(b) the retirement of any teacher employed by him under regulation 24(2), or a teacher's resignation;

(c) the death of a member of the service immediately after it and shall submit all necessary information and documents for the computation of awards to the member's dependents or legal representative.

(d) Discipline, etc. (regs 28-33)

28. Penalties

(1) The following penalties may be awarded against a member of the Service by an appropriate disciplinary authority–

(a) dismissal from the Service and his current Service post;

(b) dismissal from his Service post without termination of membership of the service;

(d) reduction in salary not below the entry point of the salary scale at which he is then employed;

(e) stoppage of an increment;

(f) withholding of an increment;

(g) the recovery of the cost or part of the cost of any loss or breakage caused by his default or negligence;

(h) written reprimand;

(i) disciplinary transfer;

(j) extension of probationary period.

(2) The penalties prescribed in paragraph (a), (b), (c) or (d) shall not be awarded except for acts of serious misconduct or gross inefficiency.

(3) Nothing in these Regulations shall preclude any employer or the head of a school or institution from issuing a reprimand for or a warning of unsatisfactory work to any member in his school, or any teacher from issuing a reprimand or warning to a teacher directly subordinate to him.

29. Disciplinary authorities and their powers

(1) The power to award the penalties–

(a) specified in paragraphs (e), (f), (g), (i), (j), (k) of subregulation (1) of Regulation 28 may be exercised by the employer;

(b) specified in paragraphs (d) to (k) inclusive of subregulation (1) of Regulation 28 may be exercised by the District Committee;

(c) specified in paragraphs (c) to (k) inclusive of subregulation (1) of Regulation 28 may be exercised by the Regional Committee;

(d) specified is subregulation (1) of Regulation 28 may be exercised by the Central Board.

(2) Notwithstanding the proviso to subregulation (1) of this Regulation the Regional Committee may award the penalties specified in paragraphs (a) and (b) of subregulation (1) of Regulation 27 in circumstances where–

(a) a member has been sentenced to imprisonment by the court;

(b) a member has pleaded guilty in writing of impregnating a pupil or has been convicted by the court for an offence and no appeal has been lodged with a higher court or if lodged the appeal has failed.

(3) When a penalty of disciplinary transfer is imposed on a member, the employer may at his discretion after considering the circumstances surrounding the commission of the breach, grant in full or in part the cost of transport, but under no circumstance shall a member be granted any allowances which are paid on normal transfers.

(4) Where a member is dismissed from a Service post by the Regional Committee, the Committee shall report the dismissal to the Central Board and if the Board consents to it, it shall in turn report the dismissal to the Commissioner.

30. Disciplinary action

(1) Disciplinary action may be instituted by any disciplinary authority whether or not the authority has power to impose a penalty commensurate with indiscipline, misconduct or lack of efficiency alleged against the member.

(2) Where a disciplinary authority has awarded a penalty which, in the opinion of a disciplinary authority having more extensive powers, was inadequate or excessive, the latter may require the matter to be re-opened and may itself impose a penalty either in addition to or in substitution for the penalty previously awarded.

(3) Where in the opinion of a disciplinary authority any allegation against a member would, if substantiated, merit a penalty which that authority has no power to award, the authority shall, unless it considers that there are extenuating circumstances, which would justify itself awarding a penalty within its powers, refer the matter to a disciplinary authority having power.

(4) A disciplinary authority shall make any investigations which it thinks proper into allegations made or referred to it in cases where it proposes or is requested to exercise its disciplinary powers, and, if it considers that there is substance in the allegations, inform the member of the allegation and afford him an opportunity of exculpating himself and of making representations against any penalty which may be awarded.

31. Appeals

(1) Where a member is penalised by the District Committee or the Regional Committee, he may appeal to the Regional Committee or to the Central Board as the case may be:

Provided that where a member serving in a National School or institution is penalised by the employer he may appeal to the Central Board whose decision shall be final.

(2) The Regional Committee's decision shall be final in respect of appeals against the decision of the District Committee; and similarly the Central Board's decision shall be final in respect of appeals against the decision of the Regional Committee.

(3) Where a penalty involving dismissal from the Service is imposed upon a member by the Central Board, he may appeal to the Commissioner for Education whose decision on it shall be final.

(4) Any appeal made under the provisions of this regulation shall set forth the ground of appeal in writing and shall be forwarded to the Regional Committee, the Board, or the Commissioner for Education, as the case may be, within thirty days of the decision against which the member is appealing.

(5) No appeal shall be allowed against a penalty of–

(a) written reprimand; or

(b) withholding of one increment only; or

(c) any penalty awarded by the disciplinary authority to which an appeal would lie has the award been imposed by a disciplinary authority with less extensive powers.

32. Suspension from duty

(1) Where in the opinion of any disciplinary authority any act or conduct alleged against a member of the Service is, if substantiated, likely to lead to the member's dismissal from his current post (whether or not he is also dismissed from the Service), the authority may suspend the member pending the determination of the matter by a disciplinary authority having power to award the penalty.

(2) Where a member is charged with a criminal offence, a disciplinary authority may suspend the member pending the determination of the matter by the court and of any subsequent disciplinary action by the appropriate disciplinary authority.

(3) Where a teacher is suspended–

(a) under paragraph (1), he shall during the period of suspension, receive half of his salary only:

Provided that whether or not disciplinary action results in the member's dismissal, the Regional Committee or the Central Board may direct the restoration of the half salary which has been withheld;

(b) under paragraph (2), the regional Committee or the Central Board may authorise the employer to withhold one half or the whole of the member's salary, and in either case, to pay one half of the salary to the member's dependents:

Provided that where the member is acquitted by the Court, the Regional Committee shall order the restoration of the part withheld, other than any sum paid to the member's dependents, unless disciplinary action is being taken against the member and, in its opinion, that action justifies the continued suspension of the member.

(4) Where a member is charged with a criminal offence before any court, no proceedings for the dismissal of that member upon any of the grounds involved in the criminal charge shall be taken until the conclusion of the criminal proceedings and the determination of any appeal from it:

Provided that nothing in this regulation shall be construed as prohibiting or restricting the powers of a disciplinary authority under subregulation (2) of Regulation 32.

(5) Where a member is acquitted of a criminal charge in any conduct in the matter, nothing in this regulation shall prevent his being dismissed or otherwise punished on any other charges arising out of his conduct in the matter, unless the charges raise substantially the same issues as those on which he has been acquitted.

(6) Notwithstanding the provisions of these Regulations, no wages shall be payable to a member in respect of the period of any imprisonment under any law:

Provided that the employer may subject to the availability of a Service post, reinstate a member who is released from prison after winning the appeal and shall only pay him from the date of such reinstatement.

33. Absence without leave

(1) Absence from duty without leave or other sufficient cause shall render a member liable to forfeit his salary for the period of the absence.

(2) Without prejudice to the taking of disciplinary action in respect of any absence from duty without leave or sufficient cause, where a member is absent from duty without leave or reasonable cause for a period exceeding five days and the member cannot be traced within a period of ten days of the commencement of the absence; or, if traced, no reply to a charge of absence from duty without leave is received from him within ten days of the dispatch of the charge to him, then the appropriate disciplinary authority may summarily dismiss him.

(3) If the member returns to duty before the decision to dismiss him is taken then disciplinary action may be instituted against him.

(4) Without prejudice to the generality of the preceding provisions of this regulation or the substance of the cause, ill-health shall not be acceptable as a sufficient cause of absence from duty for a period exceeding two days unless a certificate to that effect signed by a registered or licensed medical practitioner has been produced to the employer.

(e) Miscellaneous Conditions of Service (regs 34-43)

34. Medical examination

(1) A member of the Service shall, at any time when so required by the Regional Committee or Central Board submit himself to a medical examination.

(2) A member of the Service and his wife and children shall be entitled to free medical treatment on the same scales and subject to the like conditions as those pertaining to persons in the Service of the United Republic of corresponding status:

Provided that nothing in this paragraph shall apply to any treatment necessitated by a person's own indiscretion or negligence.

(3) The cost of any medical examination required by this regulation or regulation 8, and of any medical treatment provided under this regulation, shall be paid out of money provided by Parliament.

35. Quarters

Where a quarter is provided by the employer the member shall pay rent prescribed by the Minister and it shall be lawful for the employer to deduct the rent from the salary of the member.

36. Earned leave

(1) A member shall be entitled to thirty-five days' paid leave in every full academic year of employment which leave shall in respect of a class-room teacher be taken during school holidays and a member other than a classroom teacher may avail his leave at any other convenient time approved by the employer not be accumulative and shall be taken during school holidays.

(2) Notwithstanding the provisions of paragraph (1), a member may be granted, at the discretion of his employer–

(a) additional leave with pay for any period which the employer may think fit to be taken during school holidays;

(b) paid leave up to a maximum of fourteen days per annum or urgent private affairs or on compassionate grounds in case of death or serious illness of a member of the member's family.

(3) Notwithstanding the provisions of these Regulations, the Central Board may, after considering the nature of the issue, grant a member leave without pay up to two years or any longer period after that which the Board may think fit.

(4) A member shall be eligible for a travel warrant, once in two years, for himself, his wife and all his children below the age of 21 years.

37. Sick leave

(1) A permanent and pensionable member of the Service shall be eligible for sick leave up to a maximum of one hundred and eighty days on full pay and one hundred and eighty days on half pay during any period of three years.

(2) Notwithstanding the provisions of paragraph (1), no sick leave shall be granted where the sickness is attributable to the teacher's indiscretion or negligence or where he fails to produce a medical certificate from a registered or licensed practitioner who has been approved by the Minister.

(3) Where any period of sickness exceeds the periods laid down in paragraph (1) above, any further leave shall be as unpaid leave, and consideration may be given to the termination of the member's appointment on medical grounds.

38. Maternity leave

(1) A female member of the service will be granted paid maternity leave of 84 days, once in three years.

(2) Where a female member has availed herself of the whole or part of her maternity leave in relation to any pregnancy and the pregnancy results in an abortion or a child dies within twelve months of the delivery, the member shall be entitled to maternity leave in relation to the subsequent pregnancy notwithstanding the restriction referred to in subregulation (1) of this Regulation.

39. Travel

Members of the Service shall be eligible for travel warrants or subsistence allowances in the circumstances and at the class and rates which the Minister may from time to time prescribe in respect of the teacher, his wife and his children.

40. Transfer

(1) An employer may transfer a member of the Service to any School maintained by the employer in Tanzania:

Provided that no member who is serving on temporary terms shall be transferred under this subregulation without his consent.

(2) A member may, with his consent and the consent of the employers concerned, be transferred from the service of one employer to that of another.

(3) Notwithstanding the provisions of paragraphs (1) and (2) of this regulation, the commission may transfer any member to any public school within the United Republic when the exigencies of the Service so require.

(4) Subject to confirmation by the Central Board, a member may if it is deemed to be in the public interest to do so, be seconded to the Service of a Government department, private or parastatal organisation on any terms which may be acceptable to both parties and the appropriate service Commission, Board, Council or Committee and that in effecting the secondment, the terms and conditions of secondment shall be specified in the agreement executing the secondment and which terms shall be the appropriate terms as the Minister may approve.

(5) Notwithstanding the provisions of regulation (4) of this Regulation a member appointed to a post on secondment shall continue to enjoy the privileges he would have been entitled to or eligible for as if the secondment is disapplied, but this provision, however, shall not be deemed to preclude the new employer from awarding more favourable terms to the member and in no circumstances may the employer deny the member of the rights and privileges attached to that post.

(6) Where a member is transferred to a Government department or parastatal organisation, his membership shall cease upon such a transfer and his services previous to the transfer shall either be bridged or be dealt with in terms of the provisions of the service and pensions Acts or regulations pertaining to that service.

41. Disturbance allowance

(1) Where a member of the Service is transferred by his employer from one place to another, or is promoted, and, in either case, the transfer or promotion entails his moving his household, he shall be eligible for a disturbance allowance at the rate of one-sixtieth of his annual basic salary subject to a minimum of sixty shillings and a maximum of five hundred shillings:

Provided that no disturbance allowance shall be paid–

(a) where a member is transferred at his own request; or

(b) a transfer is occasioned by a member's misconduct.

(2) Where disturbance allowance is payable on promotion, it shall be paid by the employer by whom the member will be employed after he has been promoted.

(3) Notwithstanding the proviso to subregulation (1) of this Regulation a member whose transfer on request has been approved by the employer, shall be eligible for all the privileges usually accorded to a member on normal transfer provided that that member shall have stayed at the same station for a period exceeding three years.

42. Responsibility allowance

A member of the Service who is appointed to a service post which is–

(a) the post of a Head of a regional and national school as defined in the Education Act *;

(b) the post of a teacher grade III a, III b, or III c and holds a teaching post in a College of National Education, a trade school, a Technical Secondary School, or a technical college,

shall be eligible, while he holds such post, to a responsibility allowance at the rates prescribed by the Minister.

43. Miscellaneous

(1) A member of the Service employed in a service post may–

(a) be required by his employer to undertake duties other than teaching of a kind usually undertaken by teachers;

(b) not undertake any employment or activity for profit without the consent of his employer or, in the case of private teaching, of the Commissioner for National Education.

(2) A member of the service shall be required to maintain and promote his professional standards through courses and seminars approved by the Minister.

PART V
TEMPORARY AND NON-CITIZEN CONTRACT TERMS (regs 44-46)

44. General

Subject to any special agreement to which Part III refers, members of the Service employed on temporary terms or on non-citizen contract terms shall be employed in Service posts on the same terms and conditions which are prescribed in Part IV for members of the Service employed on permanent terms save–

(a) in the case of members employed on temporary terms, in so far as the permanent terms are disapplied, varied or amended or other terms substituted or added by or under regulation 45;

(b) in the case of members employed on non-citizen contract terms, in so far as the permanent terms are disapplied, varied or amended, or other terms substituted or added by or under regulation 46.

45. Temporary terms

(1) A member serving on temporary terms shall not–

(a) be required to serve a probationary period;

(b) be liable to compulsory retirement under paragraph (2) of regulation 24;

(c) save when travelling on duty or on being transferred at his employer's request, be entitled to the travel or subsistence allowance provided for in regulation 39, in any event, be entitled to the disturbance allowance provided for in regulation 41, and or any other allowances provided for in regulation 39.

(2) The appointment of a member serving on temporary terms in a Service post may be terminated, by his employer with the consent of the Regional Committee or Central Board on one month's notice or payment of one month's salary in lieu of it, or by himself on one month's notice or payment in lieu of it and this provision shall have effect in substitution for paragraph (a) of regulation 22 and regulation 25.

(3) In addition to its other powers to award penalties, the Regional Committee shall have power to impose the penalty of dismissal from his current post on a member serving on temporary terms.

(4) In lieu of the periods of one hundred and eighty days during a period of three years provided for in subregulation (1) of regulation 37, there shall be substituted a period of thirty days' leave on full pay and thirty days' leave on half pay during any year.

(5) Where a member is employed, with the consent of the Central Board, for a specific period, his employment shall, unless it is earlier terminated, determine at the expiry of that period.

46. Non-citizen contract terms

(1) A member serving on non-citizen contract terms shall, subject to the contract being determined by dismissal, termination on notice or resignation, be employed for any period which may be specified as the time of his appointment and, subject to any prior determination, his employment shall determine at the expiration of that period and of any leave then due.

(2) Without prejudice to the powers of the Minister to make or approve any other terms or the conditions of any special agreement or appointment, where a member serving on non-citizen contract terms is entitled to overseas passages, he shall not be entitled to earned leave in accordance with regulation 36, but his entitlement to such leave shall be specified in the agreement or appointment.

(3) A member serving on non-citizen contract terms shall not be liable to serve a probationary period and shall not be subject to compulsory retirement under paragraph (2) of regulation 24.

PART VI
GENERAL PROVISIONS (regs 47-49)

47. Additional duties of employers

In addition to the function and duties conferred and imposed on an employer, every employer shall–

(a) keep and maintain history sheets and staff records and maintain confidential reports which the Central Board may from time to time require, and furnish their copies or make them available to the Regional Committee and the Central Board, as the Central Board may require;

(b) do all other act in relation to the members of the Service in his employment which will enable the Regional Committee, the District Committee, the Commissioner for National Education, the Central Board and the Minister to perform their respective functions in relation to the members of the Service.

48. Duties and functions of District and Regional Committees

(1) In addition to the functions and duties hereinbefore conferred on the District Committee, every District Committee, shall–

(a) keep and maintain an up-to-date register of all teachers under its jurisdiction who are registered in Part I and II of the Register of teachers;

(b) ensure that no teachers registered in Part I or Part II of the register of teachers, continues serving without being issued with a letter of appointment to the Teachers' Service Commission for a period exceeding twelve months from the date of his being appointed to a service post;

(c) have powers of appointment and revocation of the post of head teacher of a primary school within its area of jurisdiction;

(d) maintain teachers' records in open and confidential files and transfer the files in the event of the teachers being transferred to another district so as to maintain continuity in the teachers' service particulars and records;

(e) uphold and maintain the Code of Professional Conduct and exercise its disciplinary powers to that end;

(f) submit to the Regional Committee and the Central Board, annual confidential report in respect of each member within its area of jurisdiction;

(g) do all other acts in relation to the members of the service employed within its area as will enable the Regional Committee, the Central Board, the Commissioner for Education and the Minister to perform their respective functions in relation to the members, and without prejudice to the generality of the preceding provisions, shall maintain records of service of all the members.

(2) Every District Committee may–

(a) nominate candidates for appointment of or for courses leading to the appointment of District Education Officer, Primary School Inspector, Logistic and Supplies Officer, Domestic Science teacher and any other administrative educational post as the Commissioner for National Education may direct;

(b) recommend to the Regional Committee for approval of re-appointment of a teacher formerly dismissed from a Service post:

Provided that a teacher shall have stayed out of a service post for a period not less than twelve months from the date of his dismissal.

(3) In addition to the functions and duties conferred on the Regional Committee, every Regional Committee, shall–

(a) keep and maintain an accurate and up-to-date Seniority List of all the teachers under its jurisdiction;

(b) maintain teachers' records in open and confidential files and in the event of the teachers' transfer to another Region, to transfer the files so as to maintain continuity in the teachers' Service particulars and records;

(c) prepare and submit to the Board, an accurate and up-to-date Seniority List of all teachers under its jurisdiction together with annual confidential reports to reach the Secretary to the Board, on or before the 30th day of November each year;

(d) uphold and maintain the Code of Professional Conduct and exercise its disciplinary powers to that end;

(e) do all other acts in relation to the members of the service employed within its area as will enable the Commissioner for Education, the Central Board and the Minister to perform their respective functions in relation to such members and, without prejudice to the generality of the foregoing, shall maintain records of service of all the members.

49. Duties of Central Board

In addition to the functions and duties conferred on the Central Board, the Central Board shall–

(a) manage the Service;

(b) advise the Minister of the Government of the Service and terms of employment and salary scales of members of the Service;

(c) act as a negotiating body with teachers' organisations and employers in relation to matters pertaining to the service;

(d) maintain a register of members of the Service;

(e) maintain records in respect of each member;

(f) manage such in-service training courses, scholarships, and bursaries as the Minister may require.

PART VII
TRANSITIONAL PROVISIONS (regs 50-51)

50. Exception for probationary Service

Notwithstanding the provision of regulation 15, no member of the Service who was confirmed in his appointment by his employer before the first day of January, 1975, shall be liable to serve a probationary period.

51. Non-citizen contract terms of persons who elect to become members

(1) Where any non-citizen elects to become a member of the Service under the provisions of regulations 4, he shall, subject to any variation made by the Minister to the terms of the agreement within a period of six months from the date of his election, be deemed to have been appointed with the approval of the Minister on non-citizen terms but subject to a special agreement in the terms of the agreement on which he was serving his employer immediately before his election.

(2) A non-citizen who is entitled to elect to become a member of the Service may, before making his election, require the Minister to state what variations he proposes to make to the terms of his current agreement, and where the Minister states that he does not propose to make any variation or specifies the variations which he proposes to make, his power to make variations to that agreement shall be abrogated or curtailed accordingly.

FIRST SCHEDULE

AGREEMENT

(Regulation 10)

Agreement made on the ......................... day of ......................... 20........ between ......................................................................................................... employer on behalf of ......................................................................................................... (in this Agreement called the employer) and ........................................................................... teacher (in this Agreement called the Teacher) holder of Licence No. ........................................ Certificate No. .....................................
1. The Teacher agrees to serve the employer and undertakes that he will diligently and faithfully perform the duties of ............................................................... grade Teacher on 1 Permanent/Non-citizen/Temporary terms of Service.
2. Subject to any special agreement set out in the Schedule to this Agreement, the appointment and employment is subject to the appropriate Service terms as specified in the Regulations issued under the Teachers' Service Commission (which terms are summarised in the "Principal Conditions of Service" annexed ......) and to the standards of conduct and discipline as defined in the "Code of Professional Conduct" (which is set out below and which shall be read and construed as Supp. 61, a part of this Agreement), and also to the Education (Registration of Teachers) Regulations, 1961 (or any regulations substituted for the latter regulations and for the time being in force *.)
3. The Teacher is appointed on the salary scale ............................. at a starting salary of Shs. ........................... basic per month with effect from ......................................
The incremental date shall ......................
Signed: ............................................................ Employer
Signed: ............................................................ Teacher
Signed: ............................................................. Witness
Signed: ............................................................. Witness
	Date: ...................................
Salary scale and entry point at Shs. .................................. approved.
Dated ..........................................	.............................................................. Regional Education Officer/Commissioner
(No special agreement may be included in the Schedule without the consent of the Central Board or, in the case of a person on non-citizen contract terms, the Minister.)

CODE OF PROFESSIONAL CONDUCT

(Regulation 10)

Every Teacher shall recognise that he has certain responsibilities to *–

the child under his care;

the community in which he lives;

his profession;

his employer;

the State.

(1) To the Child

A teacher agrees that his chief responsibility is towards the child under his care and that he has at all time a duty to guide each child in his full, physical, mental and moral development, both as an individual and as a member of the Community.

(2) To the Community

A teacher must therefore fully understand the community in which he works. He must explain to them their duty to obey all lawful authority and he should, by his own personal conduct set them an example in these matters.

(3) To the Profession

A teacher recognises that teaching is a vocation and more than mere gainful employment. He therefore undertakes to conduct himself according to the following rules–

(a) to follow at all times the highest standard of professional conduct;

(b) to work conscientiously and with diligence and regularity;

(d) to try continually to improve his standard of work and ability;

(e) to abuse no right or privilege contained in his conditions of service.

(4) To the Employer

A teacher agrees to serve his employer faithfully in accordance with the terms of his employment.

(5) To the State

A teacher must fully understand and be prepared to fulfil his obligations to the State. The teacher accepts the code set out above as a code of professional conduct for teachers and shall do his utmost to adhere to its provisions.

PRINCIPAL CONDITIONS OF SERVICE

(Regulation 10)

(These clauses are intended as a guide and do not form part of the Agreement between the Employer and the Teacher).

PART I
PERMANENT MEMBERS

1. The Agreement you make is with your employer, who is either Government or a Board of Governors or a Local Government Authority or a Managing Agency; your employer is NOT the Teachers' Service Commission.

2. After joining the Teachers Service Commission on first appointment as a teacher you will be on probation for at least two years, and not more than three years.

3. Your salary will be based on the salary scales laid down in the Second Schedule to this Agreement.

4. You will be required to join any pension or similar scheme that may be introduced for the Teachers' Service Commissioner.

5. You will be required to pay house rent for a quarter provided by your employer.

6. You may be transferred to any schools managed by your employer but you will not be transferred to the school of a different employer without your consent.

7. You will normally be allowed to take leave in the school holidays except when required for duty or to attend a course, the period of leave is 35 days a year. There are special arrangements for sick leave and maternity leave.

8. You may be required by your employer to undertake duties in your school other than teaching, of a kind usually undertaken by teachers, and may be required to attend courses approved by the Commissioner.

9. You will not be able to undertake any other employment or activity for profit, without the written consent of your employer, or in the case of private teaching without the consent of the Chief Education Officer.

10. You may be required to be medically examined at any time during your service.

11. You will be required to observe the "Code of Professional Conduct" for members of the Teachers' Service Commission.

12. You will be able to appeal against any penalty awarded by a disciplinary authority involving–

(a) stoppage of more than one increment;

(b) reduction in salary;

(d) dismissal from your current post; and

(e) dismissal from the service.

13. You may be required by your employer to retire at any time after the age of 50 from your current post from the Service. You must retire from your current post and from the Service at the age of 55.

14. You may resign from your employment by giving three months' notice or paying one month's salary instead and your employer may, with consent of the Central Board give you three months' notice or one month's salary in lieu.

15. You are entitled to paid sick leave up to one hundred and eighty days on full pay and a further one hundred and eighty days on half pay in any period of three years except where the sickness is attributed to your negligence.

16. If you are a married woman you are entitled to a maximum period of three months' maternity leave on half pay.

PART II
NON-CITIZEN CONTRACT TERMS

Non-citizen members are those who are male teachers or unmarried women teachers who are not citizens of the United Republic and who are employed on Non-citizen contract terms.

Non-citizen members have on the main the same basic conditions of service as Permanent Members except that–

(a) you are not required to serve for a probationary period;

(b) you are not eligible for any pension but may subject to the terms of your contract be awarded a gratuity;

(c) if given employment on terms which entitles you to overseas passages, your passage entitlement will be as specified in the contract;

(d) you are not subject to compulsory retirement.

PART III
CITIZEN CONTRACT TERMS

Subject to the Teachers' Service Commission citizens on contract terms shall be subject to all the regulations applicable to members on permanent terms except that they shall not be eligible for pension but shall be eligible for a gratuity at the rate of 25 percent of their pensionable emoluments.

PART IV
TEMPORARY MEMBERS

Temporary members have in the main the same basic conditions of service as permanent members, except that–

(a) your appointment may be terminated by one month's notice either way or the payment of one month's salary instead;

(b) you are eligible for ten days on full salary and twenty days on half salary on sick leave in any one year;

(d) you are not entitled to travel or subsistence allowance except on approved duty;

(e) you are not required to serve a probationary period;

(f) you are not liable to compulsory retirement;

(g) you are not, if a married woman, entitled to paid maternity leave but may have your earned leave during the period of maternity.

SECOND SCHEDULE

[Omitted under Cap. 4 s. 7]

THE TEACHERS' SERVICE COMMISSION (PENSIONS AND GRATUITIES) REGULATIONS

(Section 18 of Act No. 1 of 1989)

G.Ns. Nos.
304 of 1965
36 of 1968
8 of 1969
48 of 1978

1. Title

These Regulations may be cited as the Teachers' Service Commission (Pensions and Gratuities) Regulations.

2. Interpretation

In these Regulations, unless the context requires otherwise–

"Board" means the Board established by Regulation 3;

"dependant", in relation to a deceased teacher, means–

(a) where the deceased teacher was a male, his widow or where immediately preceding his death, he was married to two or more wives, all his widows;

(b) where the deceased teacher was a female, the husband of such deceased teacher who satisfied the Board that he was wholly or substantially dependant upon the deceased teacher's income for his livelihood;

(c) every child of the deceased teacher under the apparent age of eighteen years who was wholly or substantially dependant upon the deceased teacher's income for his livelihood but does not include any married daughter living with her husband immediately preceding the death of the deceased teacher; and

(d) the immediate parents of the deceased teacher who satisfy the Board that they were wholly or substantially dependant upon the deceased teacher's income for their livelihood;

"pensionable emoluments" means that portion of a teacher's salary which may be taken into account in computing pensions, gratuities or other allowances payable under these Regulations;

"pensionable service" means–

(a) any period after the 30th June, 1963, during which the teacher was a member of the Teachers' Service Commission, was employed in a service post on permanent terms and was receiving full or half salary in respect of this employment;

(b) any period prior to the 1st July, 1963, during which the teacher was employed in recognised service otherwise than on provident fund terms and receiving full or half salary in respect of this employment;

(c) any period prior to the 1st July, 1963, during which the teacher was employed in recognised service on provident fund terms:

Provided that the teacher shall have agreed to forfeit both his own and his employer contributions to that fund and the contributions and the interest on them shall have been paid to the Government;

"public school" has the meaning ascribed to it in the Education Act *;

"recognised service" means and includes–

(a) service as a teacher in a public school;

(b) service as a teacher in the capacity of education officer, school supervisor, primary school inspector or service in an aided educational post;

(c) service as a teacher during a probationary period between qualifying as a teacher and being issued with a teaching certificate or licence to teach;

(d) service as a teacher in registered but unaided schools or service in approved but unaided educational posts, as may be approved for the purpose of these Regulations by the Commissioner for Education;

"service on provident fund terms" means service under a contract by which the teacher is required to contribute to any fund from which a gratuity is payable at any time after the termination of the teacher's contract of service;

"Service post" has the meaning ascribed to it in the Teachers' Service Commission Regulations *.

3. Establishment of Board

(1) There is hereby established a Board to be known as the Teachers Service Commission Pensions Board which shall have responsibility for the grant or withholding of pensions, gratuities and other allowances in accordance with the provisions of these Regulations.

(2) The provisions of the Schedule shall have effect as to the constitution and proceedings of and otherwise in relation to, the Board.

4. Pensions, etc., not of right

Nothing in these Regulations shall be construed so as to confer on any teacher an absolute right to any pension, gratuity or other allowance payable under the provisions of these Regulations.

5. Pensions after ten years service

(1) A member of the Teachers' Service Commission who shall have had not less than an aggregate of ten years' pensionable service may on retirement be granted a pension at the rate of one-six-hundredth of his pensionable emoluments for each completed month of pensionable service:

Provided that service which is pensionable by reason of the provisions of paragraph (b) of the definition of pensionable service contained in Regulation 2 shall earn pension only at the rate of one-twelve-hundredth of his pensionable emoluments for each month.

(2) For the purposes of this regulation retirement shall mean compulsory retirement under the provisions of Regulation 24(1) of the Teachers Service Commission Regulations, or voluntary retirement after the teacher has reached the age of fifty years.

6. Service in Public Service to be pensionable

(1) Where a person was a member of the public service immediately prior to his appointment to a pensionable service post in the Teachers Service Commission, all the service of that person which was pensionable by reason of the provisions of the Public Service Pensions Regulations * or any other regulations amending or replacing the same, shall be deemed to be pensionable for the purposes of these Regulations and the provisions of the proviso to paragraph 1 of regulation 5 shall not apply to that person.

(2) For the purpose of these Regulations "public service" shall have the meaning assigned to that term in the Public Service Act *.

7. Certain service not to count for pension

(1) No account shall be taken of any period of service during which the teacher was under the age of eighteen years.

(2) No account shall be taken of any period of service during which the teacher was on probation, unless immediately following that period the teacher was confirmed in his appointment.

8. Certain service to be continuous

(1) Where after the 1st day of July, 1963 there are one or more breaks in a teacher's membership of the Teachers' Service Commission then only the service subsequent to the last such break may be taken into account as pensionable service.

(2) Any break in service caused by temporary suspension of employment not arising from the teacher's misconduct or voluntary resignation shall be disregarded for the purposes of this regulations.

9. Emoluments to be taken into account for computing pension or gratuity

For the purposes of computing pension or gratuity the pensionable emoluments which shall be taken into account are–

(a) in respect of a teacher whose salary was on the same scale throughout the period of three years immediately preceding the date of his retirement the full annual pensionable emoluments enjoyed by him at the date of his retirement;

(b) in respect of a teacher whose salary by reason of transfer or promotion was not on the same scale throughout the three years immediately preceding the date of his retirement then the average annual pensionable emoluments enjoyed by him during the three years immediately preceding the date of his retirement:

Provided that–

(i) if such average is less than the highest annual pensionable emoluments enjoyed by him immediately preceding any transfer or promotion within the period of three years, those higher pensionable emoluments shall be taken;

(ii) if the average is less than the annual pensionable emoluments which would have been enjoyed by him at the date of his retirement, if he had continued to hold any Service post from which he had been transferred at any time during the period of three years, and had received all increments which, in the opinion of the Board would have been granted to him, the annual pensionable emoluments which would have been so enjoyed shall be taken;

(iii) for the purpose of calculating pensionable emoluments under this paragraph, the teacher shall be deemed to have been on duty on full salary throughout the said three years and to have enjoyed the benefits of any increase due to a revision of the salary attached to any post held by him during the said period as if the increase had been payable throughout the period during which he held the post;

(iv) in no circumstances shall the pensionable emoluments to be taken exceed the pensionable emoluments enjoyed by the teacher at the date of his retirement;

(c) in respect of a teacher with less than three years pensionable service, the average annual pensionable emoluments enjoyed by him during the period of his pensionable service, but he shall be deemed to have been on duty on full pensionable emoluments throughout that period and he shall be deemed to have enjoyed the benefit of any increase due to a revision of the pensionable emoluments attached to the post held by him as if the increase had been payable throughout that period.

10. Maximum pension

(1) Except as provided for in this regulation no pension granted to a teacher under these Regulations shall exceed two-thirds of the highest pensionable emoluments drawn by him at any time in the course of his pensionable service.

(2) Teachers who have been granted a pension or pensions in respect of Government service shall not at any time draw under these Regulations an amount of pension which, when added to the amount of any pension or pensions drawn in respect of Government service, exceeds two-thirds of the highest pensionable emoluments drawn by him while a member of the Teachers' Service Commission:

Provided that where a teacher received in respect of some period of Government service both a gratuity and a pension, the amount of such pension shall be deemed, for the purposes of this subsection, to be the amount of pension which would have been awarded had no gratuity been granted.

(3) For the purposes of the preceding subregulation, an additional pension granted in respect of injury under Regulation 19 shall not be taken into account; but where the teacher is granted such additional pension under that regulation, the amount thereof together with the remainder of his pension or pensions shall not exceed five-sixths of his highest pensionable emoluments drawn at any time in the course of his employment by the Government or as a member of the Teachers' Service Commission.

11. Pension not to be of less than the prescribed minimum

Notwithstanding any other provision of these Regulations, no teacher who is ordinarily resident in the United Republic shall, for so long as he continues to be a resident in the United Republic be paid a pension of less than four thousand shillings and eighty a year:

Provided that–

(a) where any officer is in receipt of a pension under these Regulations as well as a pension in relation to any other public service under any other written law the provisions of this regulation shall apply so that the aggregate of the pensions so paid shall not be less than four thousand shillings and eighty a year;

(b) the provisions of this regulation shall apply only in relation to the pension to which a teacher is entitled after commutation of pension, if any, and where a teacher elects to commute his pension the gratuity payable pursuant to the commutation shall be computed as if this regulation had not been enacted;

12. Pensions, etc., may cease on conviction

(1) If any person to whom a pension or other allowance has been granted under these Regulations is sentenced to a term of imprisonment by any competent court for any offence, the pension or allowance shall, if the Board so directs, cease as from the date which the Board determines.

(2) If any person is sentenced after retirement in circumstances in which he is eligible for a pension or allowance under these Regulations but before the pension or allowance is granted, then the provisions of the preceding subsection shall apply as respects any pension or allowance which may be granted to him.

(3) Where a pension or allowance ceases by reason of this section, it shall be lawful for the Board to direct all or any part of the moneys to which such person would have been entitled by way of pension or allowance had he not been sentenced to the paid, or applied for the maintenance or benefit of, all or any to the exclusion of the other or others, of the following, that is to say, that person and any of his wives, child or children, in any proportions and manner which the Board thinks proper, and the moneys shall be paid or applied accordingly.

(4) If the person after conviction at any time receives a free pardon, the pension or allowance shall be restored with retrospective effect but in determining whether arrears of the pension or allowance are payable to that person and in computing its amount, account shall be taken of all moneys paid or applied under the preceding paragraph.

13. Revocation

[Revoked by G.N. No. 48 of 1978.]

14. Liability of pensioners to be called upon to work

Every pension granted under these Regulations shall be subject to the express condition that unless the teacher has attained the age of fifty he may be re-called to work by the Board (if he is physically fit for work) and to accept a Service post which is not less in value than the post he held at the date of his retirement from the service, and if the pensioner refuses to accept such service post the Board may suspend his pension until the teacher reaches the age of fifty years.

15. Gratuity and reduced pension

(1) Any teacher to whom a pension is granted under these Regulations may be paid in lieu of that pension, a pension at the rate of three-fourths of that pension together with a gratuity equal to twelve and a half times the amount of the reduction so made in the pension unless the said teacher exercises an option in writing to be paid in lieu of the gratuity and reduced pension, that pension:

Provided that in the application of this regulation to cases where the limitation prescribed in paragraph (2) of regulation 10 applies, the words "that pension" shall mean the amount of pension which the teacher might have drawn, if he had exercised his option under this regulation.

(2) The option referred to in subregulation (1) of this regulation shall be exercisable, and if it has already been exercised may be revoked, not later than the day immediately preceding the date of the teacher's retirement.

(3) Subject to the provisions of subregulation (2) of this regulation, if a teacher has exercised his option his decision shall be irrevocable.

(4) The exercise of any option or any revocation made under the provisions of this regulation shall be in writing addressed to the Board.

16. Additional pension on compulsory retirement

Notwithstanding any other provisions of these Regulations where a teacher is required to retire under the provisions of Regulation 26(1)(c) of the Teachers' Service Commission Regulations it shall be lawful for the Board to grant to the teacher an additional pension at the annual rate of one-sixtieth of his pensionable emoluments for each completed period of three years' pensionable service:

Provided that–

(a) the addition shall not exceed one-sixth of his pension as otherwise commuted under the provisions of these Regulations;

(b) the addition together with his pension otherwise commuted under the provisions of these Regulations shall not exceed the pension for which he would have been eligible in the event that he continued in the service post held by him at the date of his retirement until reaching the age of sixty years, having received all increments for which he would have been eligible by the date upon which he reached that age.

17. Gratuity on marriage for women teachers

(1) Where a female teacher who has not yet reached the age of fifty marries, or is about to do so, she may elect, either to retire immediately or to remain in pensionable service and retire at any time after that.

(2) If, at the date of her retirement, a female teacher who is about to marry or who has married is not eligible for a pension she may, if she has not less than five years pensionable service, be granted a gratuity not exceeding either one-twelfth of a month's pensionable emoluments for each completed month of her pensionable service before the date of her marriage or one year's pensionable emoluments whichever shall be less.

(3) No teacher shall be granted a gratuity under this regulation unless within six months of her retirement or such longer period as the Board shall allow, she produces satisfactory evidence of her marriage.

18. Gratuity where length of service does not qualify for pension

Every teacher, otherwise qualified for a pension, who has not completed a minimum period of ten years' service qualifying him for a pension, may, on retirement, be granted a gratuity not exceeding five times the annual amount of the pension which, if there had been no qualifying period, might have been granted to him under Regulation 5.

19. Teachers injured in the discharge of their duties

(1) This regulation shall apply to any teacher in the Teachers Service Commission who is permanently injured in the actual discharge of his duty by some injury specifically attributable to the nature of his duty which is not wholly or mainly due to, or seriously aggravated by his own negligence or misconduct.

(2) Where a teacher to whom this regulation applies has been confirmed in his appointment–

(a) he may, if his retirement is necessitated or materially accelerated by the injury notwithstanding that he has been in the service for less than ten years, be granted a pension in lieu of any gratuity under Regulation 18; and

(b) he may be granted on retirement an additional pension at the annual rate of the proportion of his actual pensionable emoluments at the date of his injury appropriate to his case as shown in the following table–

When his capacity to contribute to his own support is–

Slightly impaired	... ... ...	five-sixtieths;
impaired	.. ... ...	ten-sixtieths;
materially impaired	... ... ...	fifteen-sixtieths;
totally destroyed	... ... ...	twenty-sixtieths:

Provided that the amount of the additional pension may be reduced to such an extent as the Board shall think reasonable, where the injury is not the cause or the sole cause of retirement.

(3) Where a teacher to whom this regulation applies is not holding a pensionable post or is holding a pensionable post in which he has not been confirmed he may be granted on retirement a pension of the same amount as the additional pension which might be granted to him under paragraph (2)(b) of this regulation as if his post were a pensionable post and he had been confirmed in it.

(4) The provisions of Regulation 15 shall not apply to a pension granted under this paragraph.

(5) If, for the purpose of assessing the amount of any additional pension or pensions to be granted under paragraph (b) of subregulation (2) or under subregulation (3) of this regulation, to any teacher to whom this regulation applies, the degree of permanent impairment of his capacity to contribute to his support is in doubt, he may be granted a provisional award to have effect until such time as the degree of impairment can be determined.

(6) The provisions of Regulation 15 shall not apply to an award under this paragraph.

(7) A teacher who is permanently injured while travelling in pursuance of the instructions of his employer or the Central Board of the Teachers Service Commission and whose injury is not wholly or mainly due to or seriously aggravated by his own negligence or misconduct shall be deemed to have been injured as described in subregulation (1) of these Regulations.

(8) The provisions of paragraph (b) of subregulation (2) and the provisions of subregulation (3) of this regulation shall not apply in the case of a teacher, who in consequence of his injury is entitled to compensation under the Workmen's Compensation * Act or any Act amending or repealing the same.

(9) Where the Board is satisfied that the damages have been or will be recovered by a teacher in respect of any injury for which an additional pension or pensions may be granted under paragraph (b) of subregulation (2) or under subregulation (3) of this regulation, the Board may take those damages into account against such additional pension or pensions in a manner and to the extent which the Board may think fit, and may withhold or reduce the additional pension or pensions accordingly.

(10) For the purpose of this subregulation, a teacher shall be deemed to recover damages whether they are paid in pursuance of a judgment or order of the court or by way of settlement or compromise of his claim and whether or not proceedings are instituted to enforce that claim.

20. Gratuity where a teacher dies in the service or after retirement

(1) Where a teacher, holding a pensionable office in which he has been confirmed, dies while in the service, the Board may grant to his legal personal representative a gratuity of an amount not exceeding his annual pensionable emoluments, or his commuted pension gratuity whichever is greater.

(2) Where a teacher, who has retired from the service, dies before he has received by way of pension or reduced pension and gratuity or other allowance under these Regulations, an amount which is equivalent to the amount which might have been granted to his legal personal representative had that teacher died while still in the service, it shall be lawful for the Board to grant to the legal personal representative of such teacher a gratuity of an amount not exceeding the difference between the amount which has already been paid to such teacher by way of pension or reduced pension and gratuity or other allowance under these Regulations and the amount which might have been granted to his legal personal representative under paragraph (1) of this regulation had he died in the service.

21. Gratuity for teachers on temporary or contract terms

(1) A teacher appointed to the Teachers' Service Commission temporary or contract terms who is not eligible for any form of gratuity or superannuation benefits under these Regulations (other than pension or gratuity under Regulation 19) may, on compassionate grounds, be granted a gratuity not exceeding one-twelfth of a month's salary (excluding pay addition) for each completed month of his service, which would be pensionable if he were eligible for pension under these Regulations:

Provided that–

(a) he shall have had not less than seven years' service which would be pensionable if he were eligible for pension under these Regulations and his appointment is terminated by the Central Board; or

(b) he shall have had not less than ten years' service which would be pensionable if he were eligible for pension under these Regulations and retires on or after reaching the age of fifty.

(2) Where a teacher to whom paragraph (1) of this regulation applies and who has had not less than seven years' service dies then any member or members of his family who were wholly dependent on him at the time of his death may be granted the gratuity which the teacher might have received had he retired from the Teachers' Service Commission at the date of his death in the proportions which the Board may think fit.

22. Pensions to dependants where a teacher dies of injuries while on duty

(1) Where a teacher dies as a result of injuries received whilst in the Teachers' Service Commission–

(a) in the actual discharge of his duty;

(b) without his own default; and

the Board may grant in addition to the grant, if any, made to his legal personal representative in accordance with the provisions of Regulation 20–

(i) if the deceased teacher being a man leaves a widow, a pension to her while unmarried and of good character, at a rate not exceeding one-sixth of his annual pensionable emoluments at the date of the injury or twenty pounds a year, whichever is the greater;

(ii) if the deceased teacher being a man leaves a widow to whom a pension is granted under the preceding paragraph and a child or children, a pension in respect of each child, until such child attains the age of twenty-one years, of an amount not exceeding one-eighth of the pension prescribed under the preceding subparagraph (i) of this paragraph;

(iii) if the deceased teacher being a man leaves a child or children, but does not leave a widow, a pension in respect of each child, until such child attains the age of twenty-one years, of double the amount prescribed by subparagraph (ii) of this paragraph;

(iv) if the deceased teacher being a man leaves a child or children and a widow to whom a pension is granted under subparagraph (i) of this paragraph, and the widow dies subsequently, a pension in respect of each child as from the date of death of the widow until such child attains the age of twenty-one years, of double the amount prescribed in subparagraph (ii) of this paragraph;

(v) if the deceased teacher being a man does not leave a widow or if no pension is granted to his widow, and if his mother was wholly or mainly dependent on him for her support, a pension to the mother, while of good character and without adequate means of support, of an amount not exceeding the pension which might have been granted to his widow;

(vi) if the deceased teacher being a woman leaves a child who is or children who are, wholly or mainly dependent upon her for support at the time of her death (whether or not his or their father is alive) a pension in respect of each child until that child attains the age of twenty-one years, or of an amount not exceeding one-quarter of the amount prescribed under subparagraph (i);

(vii) if the deceased teacher being a woman leaves a mother wholly or mainly dependent on her for support at the time of her death a pension to the mother, while of good character and without adequate means of support of an amount not exceeding the amount prescribed under subparagraph (i):

Provided that–

(a) in the case of a pension granted under subparagraph (v) or subparagraph (vii) of this paragraph, if the mother is a widow at the time of the grant of the pension and subsequently remarries the pension shall cease as from the date of re-marriage; and if it appears to the Board at any time that the mother is adequately provided with other means of support, the pension shall cease as from the date which the Board may determine;

(b) a pension granted to a female child under this paragraph shall cease upon the marriage of that child under the age of twenty-one years.

(2) For the purpose of this regulation the word "child" shall include a posthumous child, a step-child or illegitimate child born before the date of injury and wholly or mainly dependent upon the deceased teacher for support and an adopted child, adopted in a manner recognised by law before the date of the injury, and dependent upon the deceased.

23. Survivors benefit for dependants

(1) Where a teacher who has completed not less than ten years of qualifying service dies whilst in the Service post otherwise than in circumstances described in regulation 22, his dependants may be granted, with effect from the date following that of the death of the officer, a survivors' benefit under this regulation, and the survivors' benefits shall be in addition to the gratuity which may be payable under regulation 20.

(2) The survivors' benefit under this regulation shall be of an amount equal to the commuted pension to which the deceased teacher would have been entitled had he retired immediately preceding his death in circumstances described in subparagraph (b) of regulation 26(1) of the Regulations referred to under regulation 2 in Part II of these Regulations.

(3) The distribution of survivors' benefit as between the dependants shall be made in accordance with the intestate law of succession governing the community to which the deceased teacher belonged.

(4) The payment of survivors' benefit shall cease upon expiry of a period of three years from the date following that of the death of the deceased teacher or on the dependent's death, whichever shall be the earlier:

Provided that–

(a) in the case of any payment of survivors' benefit or any portion of it being paid to a widow who remarries within a period of three years aforesaid, the payment shall cease upon re-marriage;

(b) in the case of any dependant child, the payment shall cease upon his attaining the age of eighteen years.

(5) The provisions of this section shall apply, mutatis mutandis where the teacher in receipt of a pension under these Regulations dies within a period of three years immediately following his retirement on pension provided that the survivors' benefit payable in that case shall not exceed the amount of pension which was being paid to the deceased teacher immediately preceding his death and shall be payable only until the expiry of three years from the date of retirement.

(6) Where any portion of survivors' benefit payable under this section ceases to be so payable by reason of the death of the recipient or remarriage of the widow or any dependant child attaining the age of eighteen years during the period of three years following the death of the deceased teacher, that portion shall, for the remaining period, be divided amongst other recipients in the proportion in which they would have been entitled under the appropriate law of succession and the dependant whose portion has so ceased shall not be entitled to any survivors' benefit immediately following the death of the deceased teacher.

(7) Where a teacher dies whilst in the public service otherwise than in circumstances described in regulation 22–

(a) after not less than ten years of qualifying service but leaving no dependants surviving him; or

(b) after less than ten years of qualifying service irrespective of whether or not he leaves dependants surviving him,

there may be awarded to his estate only the death gratuity under the provisions of regulation 20, and no other survivors' benefit shall be payable in those cases.

24. Board may grant pension, etc., teacher dismissed

Notwithstanding any other provision of these Regulations, where a teacher is dismissed from the Teachers' Service Commission or where his services are terminated otherwise than in accordance with the provisions of Regulation 26(1) of the Teachers' Service Commission Regulations the Board may at its discretion and after considering the circumstances leading to the dismissal or termination grant pension, gratuity or other allowance as it thinks just and proper not exceeding the amount for which the teacher would have been eligible had he retired under the provisions of these Regulations.

25. Teacher who resigns to become an M.P. eligible for pension in certain circumstances

Where any teacher, who holds a service post on permanent terms or on temporary terms–

(a) resigns from it with the approval of the Central Board after the commencement of these Regulations, for the purpose of becoming a Member of Parliament in circumstances under which he would not be eligible for a pension, gratuity or other allowance and has not received any retiring benefits in respect of that post; and

(b) becomes a Member of Parliament before the expiration of three months from the date of his resignation; and

he shall, if within six months of his ceasing to be a Member of Parliament rejoins the Teachers Service Commission, be eligible to receive a pension, gratuity or other allowance as the case may be, in respect of the period during which he was a member of the Teachers Service Commission as if his employment had been continuous:

Provided that where that teacher dies within six months of his ceasing to be a Member of Parliament and before he has returned to a teaching appointment, his pension rights shall immediately be forfeited and determined.

26. Pensions, etc., not to be assignable

(1) A pension, gratuity or other allowance granted under the provisions of these Regulations shall not be assignable or transferable except for the purpose of satisfying–

(a) a debt due to the employer or the Government; or

(b) an order of any competent court for the periodical payment of sums of money towards the maintenance of the wife or former wife or minor child of the teacher to whom the pension, gratuity or other allowance has been granted, and shall not be liable to be attached, sequestered or levied upon for or in respect of any debt or claim whatever except a debt due to the employer or the Government.

(2) For the removal of doubts it is hereby expressly provided that any income tax or surtax imposed by any Law of the United Republic and payable under it shall be deemed to be a debt due to the Government *.

27. Transitional provisions

In the event of the death before the eighteenth day of September, 1965, of any teacher who had the right to elect to become a member of the Service, by virtue of Regulation 4 of the Teachers' Service Commission Regulation, and had not so elected before his death then nonetheless such teacher shall, for the purpose of these Regulations, be deemed to have been a member of the Teachers' Service Commission.

SCHEDULE

1. Constitution

The Board shall consist of four members being–

(a) an officer of the Ministry of Education appointed by the Minister who shall be Chairman;

(b) a member of the Central Board appointed by the Minister, on the nomination of the Central Board, from among those members of the Board who are teachers;

(d) the Chairman of the Central Board.

2. Tenure of office of members

Members of the Board shall unless their appointment is previously terminated hold office for a period of three years from the date of their appointment and may be re-appointed.

3. Secretary

The Secretary to the Teachers' Service Commission Central Board shall be the Secretary to the Board, but shall have no right to vote.

4. Casual vacancies

Where the Minister or the Minister for finance as the case may be, is satisfied that a member of the Board appointed by him is incapacitated by illness, absence or other cause from satisfactorily performing his duties as such member, the Minister or the Minister for finance, as the case may be, may appoint some other person temporarily to act for the member during the incapacity and that person shall, while he so acts, be deemed to be a member of the Board.

5. Quorum

The quorum for any meeting of the Board shall be three, but the Board may act, notwithstanding any vacancy in the membership of the Board.

6. Chairman's casting vote

The Chairman at any meeting shall have a casting vote in addition to a deliberative vote.

7. Absence of Chairman

In the absence of the Chairman from any meeting of the Board, the members present shall, from among their number elect a Chairman for the purpose of such meeting.

8. Appointments

All appointments to the Board and termination of appointments shall be notified in the Gazette.

9. Procedure

The Board shall regulate its own procedure.

THE NATIONAL JOINT STAFF COUNCIL (CONSTITUTION AND PROCEDURE) REGULATIONS

(Made under Act No. 10 of 1982)

G.N. No. 9 of 1969

1. Title

These Regulations may be cited as the National Joint Staff Council (Constitution and Procedure) Regulations.

2. Constitution of the Council

The number of members of the Council shall be fifteen of whom–

(a) eight shall be appointed from persons nominated by the Commission; and

(b) seven shall be appointed from persons nominated by the Trade Union.

3. Terms of office of members

(1) A member of the Council shall unless previously he dies or resigns or his appointment is revoked by the Minister, hold office for a period of two years from the date of his appointment and shall be eligible for re-appointment.

(2) The Minister may fill any casual vacancy occurring in the membership, and may revoke the appointment of any member, and appoint a replacement subject to the system of appointment prescribed in regulation 2:

Provided that the appointment of a member nominated by the trade union shall not be revoked except where the trade union has recommended or consented to the revocation of his appointment.

(3) A person appointed under paragraph (2) to replace a member shall hold office for the unexpired portion of the terms of office of the member in whose place he is appointed.

(4) A member may resign by giving notice in writing to the Minister of his intention to do so and from the date specified in such notice or, if no date is so specified, from the date of the receipt by the Minister of the notice, he shall cease to be a member of the Council.

4. Meetings of the Council

(1) An ordinary meeting of the Council shall be held once in each half year and extraordinary meetings of the Council shall be held at such times as the Chairman and Vice-Chairman may jointly consider necessary or expedient for the transaction of its business.

(2) All meetings of the Council shall be convened by the Chairman or, in his absence from the United Republic or incapacity through illness, the Vice-Chairman, who shall appoint a suitable time, place and date for the holding of each meeting.

(3) At least fourteen days' notice in writing, specifying the business to be transacted at the meeting, shall be given of each meeting to every member of the Council.

(4) The Chairman or, in his absence, the Vice-Chairman shall preside at the meetings of the Council. If neither the Chairman nor the Vice-Chairman is present fifteen minutes after the time appointed for holding of a meeting, the members present at the meeting shall elect one of their number to be chairman for the meeting.

5. Quorum and voting at meetings

(1) At any meeting of the Council ten members thereof shall constitute a quorum.

(2) All acts, matters and things authorized to be done by the Council shall be decided by resolution at a meeting of the Council at which a quorum is present.

(3) A decision of the majority of members present and voting at a meeting of the Council shall be deemed to be the decision of the Council.

(4) Every member of the Council shall have one vote and in the event of the equality of votes the Chairman of the meeting shall have a second or casting vote in addition to his deliberative vote.

6. Vacancies, etc. not to invalidate proceedings

Subject to the provisions of regulation 5 relating to a quorum, the Council may act notwithstanding any vacancy in the membership thereof and no act or proceeding of the Council shall be invalid by reason only of some defect in the appointment of a member or a person who purports to be a member.

7. Appointment of secretaries

(1) The Chairman shall appoint a suitable person to be secretary to the Council for the purpose of attending meetings of the Council, keeping the minutes of the meetings and performing such other secretarial duties as the Council may require.

(2) The members of the Council appointed under paragraph (b) of regulation 2 may, if they so wish, appoint a person to be secretary to those members and the person so appointed may attend the meetings of the Council.

8. Procedure for meetings

(1) Matters for inclusion on the agenda for a meeting of the Council shall be submitted to the Secretary under the hand of the Chairman or the Vice-Chairman not later than twenty-one days before the commencement of the meeting at which they are to be considered and shall be accompanied by an explanatory memorandum stating the subject matter and the decision sought.

(2) Notwithstanding the provisions of paragraph (1) the Chairman and the Vice-Chairman may at any time before the meeting is held jointly agree to include any urgent matter in the agenda of that meeting.

(3) The Secretary of the Council shall prepare the agenda for any meeting of the Council from the items duly submitted to him and he shall circulate such agenda to members together with the explanatory memoranda not later than seven days before the commencement of the meeting.

(4) No member of the Council shall, except with the prior permission of the Chairman of the meeting, speak on any matter other those appearing on the agenda for the meeting.

9. Minutes of meetings

(1) Minutes in proper form of each meeting of the Council shall be kept by the Secretary to the Council.

(2) The minutes of each meeting of the Council–

(a) shall be submitted by the Secretary to the Council, to the Secretary, if any, appointed under paragraph (2) of regulation 7;

(b) after having been agreed upon, where appropriate, by both such secretaries, shall be circulated to all the members of the Council; and

10. Committees

(1) The Council may appoint a committee or committees, consisting of members of the Council for any general or specified purpose which in the opinion of the Council would be better regulated by means of such committee.

(2) The Council shall prescribe the number of members of any committee appointed under paragraph (1) and their term of office.

11. Disputes

(1) Where the Council fails to reach agreement on any matter in respect of which a report may be made to the Minister in accordance with the provisions of section 8 of the Act, the matter may be so reported in accordance with the provisions of paragraphs (2) and (3) of this regulation.

(2) A report to the Minister under section 8 of the Act shall be made by the Chairman or the Vice-Chairman of the Council, shall be in writing and shall be signed by the Chairman or the Vice-Chairman (as the case may be) and shall have attached to it copies of the relevant minutes of the Council and any other documents or materials which relate to the matter reported.

(3) The Minister shall, within one month of receiving the report of the Council send the report together with his recommendations or comments to the Tribunal.

(4) No report shall be made to the Minister under the provisions of section 8 of the Act–

(a) before the expiration of a period of twenty-one days from the date on which the minutes of the meeting of the Council at which the matter in respect of which the report was to be made was last discussed are circulated to the members of the Council; or

(b) after the expiration of a period of forty days from such date.

THE CIVIL SERVICE REGULATIONS

ARRANGEMENT OF REGULATIONS

Regulation

Title

PART I
PRELIMINARY PROVISIONS

1. Title.

2. Interpretation.

3. Common cadre.

PART II
MEETINGS AND FUNCTIONS OF THE COMMISSION

4. Meetings.

5. Minutes.

6. Decisions by circulation of papers.

7. Dissenting member entitled to have dissent recorded.

8. Commission may require attendance.

9. Correspondence.

10. Appointment of committees.

11. Examinations.

PART III
CONSTITUTION AND ABOLITION OF CIVIL SERVICE POSTS

12. Delegation of powers and notifications of posts.

13. Constitution of posts.

14. Abolition of posts.

PART IV
APPOINTMENT (INCLUDING PROMOTIONS AND TRANSFERS), CONFIRMATION OF APPOINTMENTS, PASSING OF PROFICIENCY BARS AND TERMINATIONS OF APPOINTMENTS (OTHERWISE THAN BY DISCIPLINARY PROCEEDINGS)

15. Delegation of powers of President.

16. Exercise of delegated powers.

17. Notification of vacancies in offices with salary over Shs. 36,800/- per annum.

18. Notification of vacancies in offices with salary between Shs. 8,8060/- and Shs. 36,800/- per annum.

19. Vacancies in offices with salary not exceeding Shs. 8,860/- per annum.

20. Advertisement.

21. Certain persons not to be appointed.

22. Selection of candidates.

23. Probationary appointments.

24. Promotion on trial.

25. Terms of service.

26. Further engagement on contract.

27. Date of promotion.

28. Termination of appointment of non-pensionable officers.

29. Termination of appointment of pensionable officers otherwise than on disciplinary grounds or medical grounds and termination of appointment in the public interest.

30. Termination of appointment on medical grounds.

31. Cases not covered by this Part.

32. Special procedure.

PART V
DISCIPLINE

A. General.

33. Disciplinary authorities.

34. Permanent Secretary to the President may exercise powers of disciplinary authority.

35. Interdiction.

36. Loss of privileges on dismissal.

B. Disciplinary Proceedings

37. Types of proceedings.

38. Cases where formal proceedings applicable.

39. Cases where summary proceedings applicable.

40. Commencement of formal proceedings.

41. Inquiry into disciplinary charge.

42. Certain persons not to be appointed Inquiry Officers.

43. Procedure on inquiry in formal proceedings.

44. Procedure on the conclusion of inquiry.

45. Procedure in summary proceedings.

C. Where Criminal Proceedings against Officer Pending or Concluded.

46. Rules where disciplinary offence amounts to criminal offence.

47. Effect of suspension.

D. Miscellaneous

48. Where two or more disciplinary authorities have concurrent jurisdiction.

49. Punishments.

50. Loss occasioned by officer may be recovered from him independently of these Regulations.

51. Withholding of increments for unsatisfactory service.

52. Suspension of increments.

53. Reprimands and warnings.

54. Absent without leave.

55. Regulations not to apply to auxiliary grades.

E. Appeals

56. Appeals.

57. Time of appeals.

58. Procedure.

59. Accused entitled to copy of finding.

PART VI
REVOCATION AND TRANSITIONAL PROVISIONS

60. [Revocation.]

SCHEDULES

THE CIVIL SERVICE REGULATIONS

(Section 26 of Act No. 16 of 1989)

G.Ns. Nos.
288 of 1970
153 of 1975

PART I
PRELIMINARY PROVISIONS (regs 1-3)

1. Citation

These Regulations may be cited as the Civil Service Regulations.

2. Interpretation

(1) In these Regulations, unless the context otherwise requires–

"the Act" means the Civil Service Act, 1962;

"appointing authority" means any person or authority having power under Part IV of these Regulations to make appointments to any civil service post and includes any person to whom such power has been delegated;

"appointment" includes–

(a) a temporary appointment;

(b) an acting appointment where the person appointed to such acting appointment is, under the terms of his appointment, entitled to the salary of the post to which he is so appointed;

"auxiliary grade" means the Operational Service and persons appointed on temporary or daily terms;

"Chairman" means the Chairman of the Commission;

"civil service post" or "post" means a civil service office other than the office of a member of the Prisons Service:

Provided that where under any written law it is provided that any of these Regulations shall apply to a member of the Prisons Service, then such regulation shall be construed as if the references therein to the term "civil service post" included references to an office in the Prisons Service;

"Commission" means the Civil Service Commission established by section 4 of the Act;

"Department" means a Department of the Government which is not assigned to any Ministry;

"disciplinary authority" shall have the meaning assigned to that term by regulation 33, and includes, in any case where the powers of a disciplinary authority are exercised by the Permanent Secretary to the President under the authority of regulation 34, the Permanent Secretary to the President, and also includes an officer appointed under the proviso to subparagraph (c) of paragraph (2) of regulation 33;

"disciplinary offence" means any act, omission, misconduct, failure to take reasonable care or failure to discharge his duties in a reasonable or satisfactory manner by or on the part of an officer, which, in the opinion of the disciplinary authority, warrants disciplinary proceedings under these Regulations being taken against the officer, and includes, in the case of an officer to whom the conditions of leadership specified in the Second Schedule to these Regulations apply, contravention of any such condition;

"Division" means a Division of a Ministry;

"General Orders" means the General Orders issued under the authority of the Government as amended from time to time;

"Inquiry Officer" means an officer appointed to carry out an inquiry under regulation 41;

"local" in relation to a candidate or officer, means a person who is a citizen of the United Republic;

"Member" means a member of the Commission and includes the Chairman and the Deputy Chairman;

"Minister includes-

(a) in the case of a division, the Minister responsible for that Division;

(b) in the case of a Department, the Minister responsible for Establishment;

"Officer" means any person holding or acting in a civil service post;

"Permanent Secretary" means–

(a) in the case of a Department, other than Exchequer and Audit Department, the Permanent Secretary (Establishments);

(b) in the case of the Justice Division, Second Vice-President's office, the Attorney-General;

(d) in the case of the Exchequer and Audit Department, the Controller and Auditor-General;

"promotion" means the appointment of an officer to a different grade with an immediate or potential increase in salary;

"transfer" means the appointment of an officer to a different grade with no alteration in the salary or salary scale.

(2) References in these Regulations to salary are, unless the context otherwise requires, references to the basic salary.

3. Common cadre

(1) Notwithstanding any provision of these Regulations to the contrary, every reference to "the Head of the Department or Division" or to "the "Permanent Secretary" in any of these Regulations which relate to, provide for, or refer to the appointment, confirmation of appointment, re-engagement, promotion or transfer of an officer shall–

(a) in the case of officers holding posts specified in Part A of the First Schedule to these Regulations, be construed as reference to the Permanent Secretary (Establishments);

(b) in the case of officers holding the posts specified in Part B of the First Schedule to these Regulations, be construed as reference to the Permanent Secretary to the Treasury;

(c) in the case of officers holding the posts specified in Part C of the First Schedule to these Regulations, be construed as reference to the Permanent Secretary to the Ministry of Economic Affairs and Development Planning;

(d) in the case of officers holding the posts specified in Part D of the First Schedule to these Regulations, be construed as reference to the Auditor-General.

(2) For the avoidance of doubts, nothing in paragraph (1) shall apply to any of the provisions of these Regulations which refers to, or provides for the passing by an officer of a proficiency bar.

PART II
MEETINGS AND FUNCTIONS OF THE COMMISSION (regs 4-11)

4. Meetings

(1) Every meeting of the Commission shall be presided over by the Chairman, or if he is absent, by the Deputy Chairman.

(2) The quorum for a meeting of the Commission shall be the Chairman or the Deputy Chairman and two other Members.

(3) Decisions of the Commission at a meeting thereof shall be by a majority of the votes of the Members present and voting, and the Chairman or, in his absence, the Deputy Chairman, shall have a casting vote in addition to his deliberate vote.

5. Minutes

A record shall be kept of the Members present and of the business transacted at every meeting of the Commission.

6. Decisions by circulation of papers

Decisions may be made by the Commission without a meeting by circulation of the relevant papers among the Members, and the expression in writing of the views of the majority of them:

7. Dissenting Member entitled to have dissent recorded

Any Member who dissents from a decision of the Commission (whether made at a meeting or by circulation of papers) shall be entitled to have his dissent and his reasons therefor recorded in the records of the Commission.

8. Commission may require attendance

The Commission may require any officer to attend and give information before it concerning any matter which it is required to consider in the exercise of its functions, and may require the production of any official document relating to any such matter by any person attending before it.

9. Correspondence

All communications to the Commission shall be addressed to the Chairman.

10. Appointments of committees

(1) The Chairman shall have power to appoint committees to assist the commission in the carrying out of its functions, and may appoint to any such committee, any person, whether or not he is a Member.

(2) The Chairman shall, subject to such instructions as the Commission may from time to time issue, have power to determine the procedure to be followed by any committee appointed by him under paragraph (1).

11. Examinations

(1) The Commission may, and if so requested by the President shall, conduct written and oral examinations for the assessment of the suitability of candidates for appointments, promotions or the granting of increments.

(2) The Chairman may appoint a committee to advise the Commission on any matter connected with the conduct of examinations.

PART III
CONSTITUTION AND ABOLITION OF CIVIL SERVICE POSTS (regs 12-14)

12. Delegation of powers and notifications of posts

(1) The powers vested in the President of constituting and abolishing civil service posts other than the post of Permanent Secretary are hereby delegated to the Permanent Secretary (Establishments).

(2) The Permanent Secretary (Establishments) shall, at such interval as he may consider fit, cause to be published a list of all existing civil service posts.

13. Constitution of posts

Application for the constitution of any civil service post may be made to the Permanent Secretary (Establishments) by a Permanent Secretary, and every such application shall state–

(a) the title of the proposed post;

(b) the salary or the salary scale to be attached to the proposed post;

(d) the reason why the constitution of the proposed post is considered desirable;

(e) the qualifications which will be required of any holder of the proposed post and the duties which any such holder will be required to perform;

(f) where the post is to be created and filled during a financial year, whether or not funds are available to meet the expenses involved until the expiry of the financial year;

(g) such other matters as the Permanent Secretary (Establishments) may direct.

14. Abolition of posts

Applications for the abolition of any civil service post may be made to the Permanent Secretary (Establishments) by the Permanent Secretary concerned and every such application shall state–

(a) the reason why it is considered desirable that the post should be abolished;

(b) such other matters as the Permanent Secretary (Establishments) may direct.

PART IV
APPOINTMENT (INCLUDING PROMOTIONS AND TRANSFERS), CONFIRMATION OF APPOINTMENTS, PASSING OF PROFICIENCY BARS AND TERMINATIONS OF APPOINTMENTS (OTHERWISE THAN BY DISCIPLINARY PROCEEDINGS) (regs 15-32)

15. Delegation of powers of President

(1) This regulation applies to the following powers vested in the President–

(a) the power to make an appointment of an officer including the power to make an appointment on promotion or transfer;

(b) the power to confirm the appointment of an officer appointed on probation;

(d) the power to permit an officer to pass a proficiency bar or to hold an officer at a proficiency bar;

(e) the power to terminate the appointment of any officer under the provisions of this Part of these Regulations.

(2) The powers of the President to which this regulation applies–

(a) in relation to a civil service post, the salary or the maximum of the salary scale of which exceeds eight thousand eight hundred and sixty shillings per annum, but does not exceed thirty-six thousand, eight hundred shillings per annum or, in relation to an officer holding any such post, are hereby delegated to the Commission;

(b) in relation to a civil service post the salary or the maximum of the salary scale of which does not exceed eight thousand eight hundred and sixty shillings per annum or in relation to an officer holding any such post, are hereby delegated to the Permanent Secretary.

(3) The power of the President to make appointments from outside the United Republic is hereby delegated to the Permanent Secretary to the Treasury who shall excise such power in consultation with the Permanent Secretary (Establishments) and subject to such general or specific directions as the Permanent Secretary to the President may give in that behalf.

16. Exercise of delegated powers

(1) Subject to the provisions of paragraph (3), the powers delegated to the Commission itself, or with the consent of the Commission, and subject to such directions of a general or specific nature as the Commission may give, by the Permanent Secretary under whom the civil service post exists, or as the case may be, the officer serves.

(2) The powers delegated to a Permanent Secretary by regulation 15 may be exercised either by the Permanent Secretary himself or, with the consent of the Permanent Secretary and subject to such directions of a general or specific nature as the Permanent Secretary may give, by any officer serving under the Permanent Secretary and in receipt of a salary of not less than twenty thousand seven hundred forty shillings per annum.

(3) The powers delegated to the Commission to make appointments on temporary terms may be exercised by a Permanent Secretary subject to such conditions and limitations as the Permanent Secretary (Establishments) may, in consultation with the Commission prescribe.

17. Notification of vacancies in offices with salary over Shs. 36,800/- per annum

(1) Where a vacancy occurs or it is known that a vacancy will occur in a post, the salary or the maximum of the salary scale of which exceeds thirty-six thousand, eight hundred shillings per annum, the Permanent Secretary to the President's Office through the Permanent Secretary (Establishments) stating whether, in his opinion–

(a) the vacancy should be filled by promotion or by transfer of an officer serving in the Ministry or Department in which the vacancy exists; or

(b) it is likely that a suitable candidate will be found in some other Ministry or Department; or

(c) the vacancy should be filled by inviting applications for the post by advertising the vacancy within or outside the United Republic of Tanzania.

(2) Where the Permanent Secretary recommends the promotion or transfer of an officer serving in the Ministry in which the post exists, he shall furnish to the Permanent Secretary to the President through the Permanent Secretary (Establishments) the record of service in the United Republic of the officer recommended together with the names of officers, if any, in the Ministry or Department who would be superseded, and his reasons why such officers should be superseded.

(3) Where the Permanent Secretary is unable to recommend the promotion or transfer of an officer to fill the vacancy, he shall submit to the Permanent Secretary to the President through the Permanent Secretary (Establishments), the names of the Officers serving in the cadre or grade from which promotion would normally be made together with a report giving his reasons for not recommending those officers for promotion.

(4) Where the Permanent Secretary is of the opinion that no suitable candidate is likely to be found by advertisement in the United Republic, he shall notify the Permanent Secretary to the President through the Permanent Secretary (Establishments) of the arrangements which exist or are in prospect for the training of local candidates to fill such post.

(5) Any recommendation under this regulation should be made in consultation with the Minister.

18. Notification of vacancies in offices with salary between Shs. 8,860 and Shs. 36,800 per annum

(1) Where a vacancy occurs or it is known that a vacancy will occur in a post, the salary or the maximum of the salary scale of which exceeds eight thousand eight hundred and sixty shillings per annum but does not exceed sixty six thousand eight hundred shillings per annum, the Permanent Secretary shall notify the Commission and the Permanent Secretary (Establishments).

(2) Where notification of a vacancy is given under this regulation, the Permanent Secretary shall make to the Commission and supply the Commission and the Permanent Secretary (Establishments) his recommendations, and supply the Commission and the Permanent Secretary (Establishments) with the information required to be given or supplied by regulation 17.

(3) Any recommendations to the Commission that the vacancy should be filled by recruitment of a candidate from outside the United Republic shall be copied to the Permanent Secretary to the Treasury in addition to the Permanent Secretary (Establishments).

19. Vacancies in offices with salary not exceeding Shs. 8,860 per annum

Where a vacancy occurs in a post, the salary or the maximum of the salary scale of which does not exceed eight thousand, eight hundred and sixty shillings per annum, such vacancy shall be filled by the Permanent Secretary or by an officer who, under paragraph (2) of regulation 16, has been authorized to make such appointment.

20. Advertisement

Subject to any directions of the President, applications for appointment to vacant posts shall be invited by public advertisement in the United Republic in such manner as may be determined by the appointing authority:

Provided that it shall not be necessary to advertise a vacancy–

(a) where the appointing authority is satisfied that the post should be filled by the promotion, transfer or re-engagement of an officer serving in the Ministry or Department in which the vacancy exists or by the continued employment of an officer on temporary terms; or

(b) that there is no reasonable likelihood of any application being received in response to an advertisement in the United Republic from a candidate who is eligible and suitable; or

(d) where, in the opinion of the appointing authority, it is, for reasons to be recorded by such authority, unnecessary to advertise the post.

21. Certain persons not to be appointed

(1) No person who has been convicted of a criminal offence involving moral turpitude or who has been dismissed from the Civil Service previously, may be appointed to any civil service post without the prior sanction of the President.

(2) Where a person has been appointed in contravention of paragraph (1) it shall be lawful for the appointing authority or the Permanent Secretary to the President, subject to such directions as the President may give in that behalf, to dismiss such person at any time, and every such dismissal shall have the same effect as dismissal following disciplinary proceedings.

(3) No person–

(a) shall be appointed, promoted or transferred to any civil service post unless he holds such qualifications as may from time to time be specified as qualifications necessary for an appointment to the post in any approved scheme of service;

(b) who is a citizen of the United Republic shall be qualified to hold or be appointed, promoted or transferred to a civil service post the salary or the minimum salary scale of which is or exceeds twelve thousand eight hundred shillings per annum, unless he satisfies the conditions of leadership specified in the Second Schedule to these Regulations;

(c) in the case of an appointment, promotion or transfer under regulation 19, shall be appointed, promoted or transferred save in accordance with any general or specific directions issued by the Permanent Secretary (Establishments).

(4) No person who is not a citizen of the United Republic shall be appointed (otherwise than on transfer or promotion) on pensionable terms to any civil service post save with the prior approval of the President.

(5) Subject to the provisions of paragraph (4) no person who is not a citizen of the United Republic shall be appointed to any civil service post unless the appointing authority is satisfied that no citizen of the United Republic who is qualified and suitable for appointment is available and the Minister certifies that it will be against the public interest for the post to remain vacant.

(6) Whenever a person who is not a citizen of the United Republic is appointed to a civil service post, the appointing authority shall notify the Permanent Secretary (Establishments).

22. Selection of candidates

(1) In selecting candidates for appointment (including appointments on promotion or transfer) the appointing authority shall have regard primarily to the efficiency of the service.

(2) Subject to the provisions of regulation 21, as between candidates who are eligible and suitable for appointment, preference shall be given–

(a) firstly, to local public officers:

Provided that preference shall be given to a citizen of the United Republic who is not a public officer if he is both suitable and substantially better qualified than any local public officer;

(b) secondly, to citizens of the United Republic who are not public officers;

(c) thirdly, to public officers who are not citizens of the United Republic who are serving on pensionable terms with Class "L" leave privileges;

(d) fourthly, to public officers who are not citizens of the United Republic who are serving on pensionable terms with Class "O" leave privileges; and

(e) lastly, to any other candidate.

(3) As between officers having the same degree of preference, qualifications, experience, proved merit and suitability for the post in question shall be accorded greater weight than seniority.

23. Probationary appointments

(1) Where any person is first appointed to a civil service post on pensionable terms, he shall be required to serve a probationary period of two years.

(2) Not later than three months before the expiration of the probationary period the appointing authority shall consider whether–

(a) the officer should be confirmed in his appointment; or

(b) the probationary period should be extended so as to afford the officer a further opportunity to pass any examination, the passing of which is a condition of the appointment, his service otherwise being satisfactory; or

(c) the probationary period should be extended so as to afford the officer the opportunity of improvement in any respect in which his work or conduct has been found to be unsatisfactory; or

(d) the officer's appointment should be terminated.

(3) Where the appointing authority is of the opinion that the probationary period should be extended for reasons specified in subparagraph (c), or that the appointment be terminated under subparagraph (c), or that the appointment be terminated under subparagraph (d) of paragraph (2), he shall, before extending such period or, as the case may be, terminating such appointment, address a letter to the officer advising him of the intention to extend such period or to terminate such appointment and of his right to make representations thereon within such period as may be specified in the letter, and shall require the officer to acknowledge receipt of the letter, in writing, within such period, and the appointing authority shall when making his decision take into consideration any representation made by the officer.

(4) Notwithstanding the provisions of paragraph (2) but subject to the provisions of paragraph (3) an appointing authority may terminate the appointment of an officer appointed on probation at any time prior to the confirmation of his appointment.

(5) An appointing authority may reduce the probationary period if the officer concerned has fulfilled all requirements necessary to be fulfilled before he is confirmed in his appointment and either–

(a) he has previously served in the post or in a similar post on non-pensionable terms; or

(b) the reduction of the probationary period is necessary or desirable for administrative reasons:

Provided that in no case shall the probationary period of an officer be reduced under the authority of this paragraph by a period which exceeds–

(i) the period which the officer has served in the post or a similar post; or

(ii) a period of twelve months, whichever may be the shorter period.

24. Promotion on trial

(1) Where an officer has been promoted to a post the salary, or the minimum of the salary scale of which exceeds eight thousand eight hundred and sixty shillings per annum, the officer shall for the period of six months (exclusive of any period of leave) from the date upon which the promotion became effective be deemed to be on trial and the Permanent Secretary may at any time within such period, if he is of the opinion that the officer has failed satisfactorily to perform all the duties of the post to which he was promoted, give the officer a notice in writing calling upon him to show cause, in writing, why his promotion shall not be withdrawn.

(2) Where notice is given to an officer under paragraph (1) the Permanent Secretary shall–

(a) if the officer has made any representations in writing pursuant to the notice, forward such representations together with his own report upon the officer's conduct, ability, diligence, aptitude and any other relevant factor, to the appointing authority;

(b) if the officer fails to make any representations, report such failure to the appointing authority, and also furnish the appointing authority with a report upon the officer's conduct, ability, diligence, aptitude and any other relevant factor.

(3) After considering the report and representations, if any, forwarded to it under paragraph (2) the appointing authority may direct that–

(a) the officer's promotion be withdrawn; or

(b) the officer's promotion be not interfered with; or

(c) a decision in the matter be deferred for such further period as it may direct so as to allow the officer a further opportunity to prove his suitability for the post to which he was promoted.

(4) No notice under paragraph (1) shall be given after the expiration of the period of six months (exclusive of any period of leave) and where no such notice has been given within such period the officer shall be deemed to have completed his trial period satisfactorily.

25. Terms of service

The terms and conditions of service of all officers shall, subject to the provisions of General Orders, be determined by the Permanent Secretary to the President or, with the approval of the Permanent Secretary to the President, by the Permanent Secretary (Establishments).

26. Further engagement on contract

(1) Where an officer whose salary, or the maximum of whose salary scale exceeds thirty-six thousand eight hundred shillings per annum, is serving on contract and is willing to engage for a further tour of service the Permanent Secretary shall, before the date when the contract is due to expire and in so far as may be practicable prior to the officer proceeding on leave pending the expiration of the contract, notify the Permanent Secretary (Establishments) of the date when the contract will expire and his recommendation whether the officer should be re-engaged for a further tour of service. Any recommendation under this paragraph shall be made in consultation with the Minister.

(2) Where an officer whose salary, or the maximum of whose salary scale exceeds eight thousand eight hundred and sixty shillings per annum but does not exceed thirty-six thousand eight hundred shillings per annum, is serving on contract and is willing to engage for a further tour of service, the Permanent Secretary shall–

(a) in the event of his recommending that the officer be re-engaged for another tour of service, notify the Commissioner; or

(b) in the event of his recommending that the officer should not be re-engaged for another tour of service, notify the Permanent Secretary (Establishments),

of the date when the contract expires and of his recommendations.

(3) Every notification under paragraph (1) or paragraph (2) shall be given, in so far as may be practicable, in sufficient time to enable a decision whether or not the officer should be re-engaged for another tour of service being made, and the officer concerned to be notified thereof prior to his proceeding on leave pending expiration of his contract.

27. Date of promotion

(1) Where any officer is appointed to any post on promotion, the effective date of his promotion to the post shall subject to the provisions of paragraph (2) be such as the appointing authority may determine.

(2) The appointing authority shall not determine a date of promotion which is earlier than the latest of the following dates–

(a) the date upon which the vacancy occurred;

(b) the date upon which the officer became qualified for promotion;

Provided that the appointing authority may, where special circumstances exist, determine a date of promotion which is earlier than the date mentioned in paragraph (c) but in no event shall the date so determined be earlier than the latest of the dates mentioned in paragraphs (a) and (b).

28. Termination of appointment of non-pensionable officers

(1) Where the Permanent Secretary is of the opinion that it is desirable that the appointment of any officer serving on non-pensionable terms be terminated (otherwise than by dismissal or on medical grounds) in accordance with the terms of the appointment, the Permanent Secretary may notify the appointing authority of his opinion and give the reasons for the same.

(2) Upon receipt of a notification under paragraph (1), the appointing authority shall decide whether or not the appointment of the officer shall be terminated.

(3) Notwithstanding the provisions of paragraphs (1) and (2) the appointment of an officer in the auxiliary grade or on temporary terms may be terminated in accordance with the terms of his appointment by the Permanent Secretary.

29. Termination of appointment of pensionable officers otherwise than on disciplinary or medical grounds and termination of the appointment in the public interest

(1) Where the Permanent Secretary is of the opinion that a reason exists why an officer serving on pensionable terms and who has attained the normal age of voluntary retirement, should be called upon to retire otherwise than on disciplinary or on medical grounds, the Permanent Secretary may request the officer concerned to show cause why he should not be compulsorily retired. The Permanent Secretary shall forward any representations made by the officer, pursuant to the notice given to him, together with his own recommendations to the appointing authority, who shall decide whether or not such officer should be called upon to retire.

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(2) Where a Permanent Secretary is of the opinion that the President should be invited in the exercise of the powers conferred upon him by subsection (3) of section 20 of the Act, to consider the removal of an officer in the public interest, the Permanent Secretary shall furnish to the Permanent Secretary to the President through the Permanent Secretary (Establishments) such particulars as the President may, from time to time, by general or specific direction, require.

30. Termination of appointment on medical grounds

(1) Where the Permanent Secretary is of the opinion that an officer is incapable, by reason of any infirmity of mind or body, of satisfactorily discharging the functions of his office, he may, (and shall if the officer so requests) call upon such officer to present himself before a medical practitioner approved by the Chief Medical Officer or a Medical Board appointed in that behalf by the Chief Medical Officer; with a view to it being ascertained whether or not such officer is incapable as aforesaid.

(2) After the officer has been examined by the medical practitioner or the Board, as the case may be, the Chief Medical Officer shall forward the report of the examinations to the Permanent Secretary together with his own recommendations on the matter. The Permanent Secretary shall forward the same together with his own recommendations to the appointing authority, who shall decide whether the officer should be called upon to retire on medical grounds.

(3) The functions of the Permanent Secretary under this regulation may be exercised by the senior officer of the relevant Ministry, Department or Division in a Region, and the functions of the Chief Medical Officer in a Region may be exercised by the officer of the Ministry of Health and Social Welfare who holds the senior-most rank in the Region.

31. Cases not covered by this part

Any case not covered by this Part of these Regulations, including any case in which a person contravenes the provisions of subparagraph (b) of paragraph (3) of regulation 21 or fails to satisfy or comply with any provision of the Second Schedule to these Regulations, where it is decided not to charge such person with a disciplinary offence shall be dealt with in accordance with such directions as may, from time to time be issued by the President.

32. Special procedure

Where an appointing authority is satisfied that it is in the public interest that any matter relating to the appointment (including appointment on promotion or transfer) or confirmation in his appointment of an officer, be dealt with otherwise than in accordance with the procedure laid down in this Part, he shall refer the matter to the President and shall deal with the matter in accordance with such directions as may be given by the President.

PART V
DISCIPLINE (regs 33-59)

A. General (regs 33-36)

33. Disciplinary authorities

(1) Subject to the provisions of this Part, the powers vested in the President for the disciplinary control of officers, is hereby delegated to the disciplinary authorities.

(2) The disciplinary authority shall be–

(a) in the case of any officer who is in receipt of a salary exceeding forty-three thousand, seven hundred and forty shillings per annum, the Commission;

(b) in the case of any officer who is in receipt of a salary exceeding twelve thousand eight hundred shillings per annum but not exceeding forty-three thousand seven hundred and forty shillings per annum, the Permanent Secretary, and also if such officer serves in a Department, the Head of the Department;

(c) in the case of any officer who is in receipt of a salary which does not exceed twelve thousand, eight hundred shillings per annum, the Head of his Department or Division, as the case may be.

(3) Notwithstanding the provisions of paragraph (2) of this regulation, the power to interdict or suspend any officer from the exercise of the powers and functions of his office shall vest in the Permanent Secretary or, where the officer is employed in a Department, in the Head of the Department.

34. Permanent Secretary to the President may exercise powers of disciplinary authority

Notwithstanding the provisions of regulation 33, the Permanent Secretary to the President may, in relation to any officer whosoever, exercise all or any of the powers delegated to a disciplinary authority by these Regulations.

35. Interdiction

(1) If in any case the Permanent Secretary or the Head of Department, as the case may be, considers that it is in the public interest that an officer should cease forthwith to exercise the powers and functions of his office, the Permanent Secretary or the Head of Department, as the case may be, may interdict the officer from the exercise of those powers and functions.

(2) Where an officer is interdicted under this regulation, such officer shall be informed of the reasons for such interdiction.

(3) An officer who is interdicted shall receive such salary, not being less than half of his salary, as the Permanent Secretary or Head of Department, or as the case may be, shall determine.

(4) Where any disciplinary or criminal proceedings have been taken or instituted against an officer under interdiction and such officer is not dismissed or otherwise punished under these Regulations, the whole of any salary withheld under paragraph (3) shall be restored to him upon the termination of such proceedings. If any punishment other than dismissal is inflicted, the officer may be refunded such portion of the salary withheld under paragraph (3) as the disciplinary authority may determine.

(5) An officer under interdiction may not leave his station without the prior permission, in writing, of the Permanent Secretary or the Head of Department, as the case may be.

(6) For the purposes of this regulation "salary" means the basic salary and, where applicable, any pay addition.

36. Loss of privileges on dismissal

Subject to the provisions of any written law for the time being in force, an officer who is dismissed shall forfeit all rights or claims with regard to leave, passages, superannuation benefits and other benefits whatsoever attached to his post.

B. Disciplinary Proceedings (regs 37-45)

37. Types of proceedings

Disciplinary proceedings under these Regulations may be either formal or summary.

38. Cases where formal proceedings applicable

Formal proceedings shall be instituted where, in the opinion of the disciplinary authority, the disciplinary offence which the officer is alleged to have committed is of such gravity that should he be found guilty thereof, it may warrant his dismissal, reduction in rank or reduction in salary.

39. Cases where summary proceedings applicable

Summary proceedings shall be instituted where, in the opinion of the disciplinary authority, the disciplinary offence which the officer is alleged to have committed is of such gravity as to warrant, in the event of his being found guilty thereof, his dismissal, reduction in rank or reduction in salary.

40. Commencement of formal proceedings

(1) No formal proceedings for a disciplinary offence shall be instituted against an officer unless after he has been served with a copy of the charge setting out the nature of the offence which he is alleged to have committed.

(2) The charge shall be prepared by the disciplinary authority after such preliminary investigations as he may consider necessary, and the disciplinary authority may consult the Attorney-General on the formulation of the disciplinary charge.

(3) Every disciplinary charge shall state briefly the nature of the offence which the accused is alleged to have committed, and shall set out in a concise form the allegations made against the accused officer.

(4) Where a disciplinary charge has been drawn up, the disciplinary authority shall cause the same to be served upon the officer.

(5) Every charge shall be accompanied by a notice addressed to the accused officer inviting him to state, in writing, within such period as may be specified in the notice, the grounds upon which he relies to exculpate himself.

(6) No formal proceedings instituted under this regulation shall be invalid by reason only of any irregularity in the formulation of the charge.

(7) The powers conferred upon the disciplinary authority by this regulation may, where the commission is the disciplinary authority, be exercised by the Permanent Secretary under whom the accused officer serves.

41. Inquiry into disciplinary charge

(1) Where an officer has been served with a charge in accordance with the provisions of regulation 40, and fails to make representations in writing giving the grounds upon which he relies to exculpate himself, within the period specified in the notice accompanying the charge or makes representations which, in the opinion of the disciplinary authority or the Permanent Secretary acting under the authority of paragraph (7) of regulation 40, as the case may be, do not amount to a complete defence of the offence of which the accused officer is charged, the disciplinary authority or the Permanent Secretary, as the case may be, shall–

(a) himself conduct an inquiry into the charge; or

(b) appoint an Inquiry Officer or two or more Inquiry Officers, to hold an inquiry into the charge.

(2) Every inquiry into a charge under paragraph (1) shall be in accordance with the procedure prescribed by these Regulations:

Provided that where the inquiry is held by the disciplinary authority or the Permanent Secretary, he shall not be bound to follow the procedure as he may consider appropriate.

(3) Where the disciplinary authority or, as the case may be, the Permanent Secretary, is satisfied that the representations made by the accused officer, pursuant to the notice served upon him under regulation 40, amount to a complete admission of the charge or charges against him, it shall not be necessary to hold any further inquiry or investigation in respect of such charge or charges, but the disciplinary authority or the Permanent Secretary shall record a finding of guilty and the proceedings shall proceed as if the accused officer had been found guilty after an inquiry.

42. Certain persons not to be appointed Inquiry Officers

(1) No person shall be appointed an Inquiry Officer unless he is–

(a) in receipt of a salary of not less than twelve thousand eight hundred shillings per annum; and

(b) of a rank higher than the rank held by the accused officer.

(2) Notwithstanding the provisions of paragraph (1), where the accused Officer is an officer in receipt of a salary which exceeds the sum of thirty-six thousand eight hundred shillings per annum, no person shall be appointed as an Inquiry Officer for conducting an inquiry into a charge or charges against such officer, unless he is a judge, a Permanent Secretary or a Senior Resident Magistrate.

43. Procedure on inquiry in formal proceedings

(1) In this regulation and regulation 44 "officer conducting the inquiry" means the Inquiry Officer and includes, in cases where the Secretary, and the disciplinary authority or, as the case may be, the Permanent Secretary decides to conduct the inquiry in accordance with the procedure prescribed by this regulation, such disciplinary authority or Permanent Secretary.

(2) Where the officer conducting the inquiry is of the opinion that it will be desirable for him to be assisted in the conduct of the inquiry by persons who may be more conversant with any professional or technical matter likely to arise in the course of the proceedings, he may request the Permanent Secretary (Establishments) to assign no more than two public officers with the necessary qualifications or experience to so assist him, and the Permanent Secretary (Establishments) shall comply with any such request.

(3) The officer conducting the inquiry shall notify the accused officer of the day, date, time and place upon and at which the inquiry shall be held.

(4) The accused officer shall have a right to be present, examine witnesses and be heard at the inquiry:

Provided that failure by the accused to be present or represented at the inquiry shall not vitiate the proceedings.

(5) The officer conducting the inquiry may permit the accused officer and the disciplinary authority to be represented by any public officer or advocate:

Provided that where either party is permitted to be so represented, the other party shall also be so permitted.

(6) The accused officer or, where he is represented by a public officer or an advocate, his representative, shall have a right–

(a) to cross-examine any witness examined by the officer conducting the inquiry or by the disciplinary authority or his representative;

(b) to examine and make copies of any document produced as evidence against him;

(7) The officer conducting the inquiry may take into consideration any evidence which he considers relevant to the subject of the inquiry before him, notwithstanding that such evidence would not be admissible under the law relating to evidence.

(8) The officer conducting the inquiry shall record the gist of the evidence adduced before him.

(9) An inquiry heard under this regulation shall not be open to the public.

(10) If, during the course of the inquiry, it appears that the evidence adduced discloses grounds for an additional charge, the disciplinary authority or his representative may cause such additional charge or charges to be formulated and shall give a copy thereof to the accused officer.

(11) Where any additional charge is formulated in accordance with the provisions of paragraph (10) the officer conducting the inquiry shall proceed to inquire into the same and may recall any witness for further examination or cross-examination.

(12) Subject to the foregoing provisions of this regulation, an officer conducting an inquiry may regulate the procedure at the inquiry in such manner as he may think fit.

44. Procedure on the conclusion of inquiry

(1) Upon the conclusion of an inquiry, the officer conducting the inquiry shall, save where such officer himself is the disciplinary authority, forward the record of proceedings before him together with his report thereon to the disciplinary authority.

(2) Every report under paragraph (1) shall–

(a) state whether in the opinion of the officer conducting the inquiry the charges against the accused officer have been proved;

(b) state reason for such opinion;

(c) state any fact which, in the opinion of the officer conducting the inquiry, aggravates or mitigates the gravity of the act or omission which was the subject matter of any charge;

(d) state any other fact which in the opinion of the officer conducting the inquiry is relevant:

Provided that no such report shall contain any recommendation as to the form or nature of the punishment to be awarded.

(3) Where, on receipt of the record of proceedings and the report of the officer conducting the inquiry, the disciplinary authority is of the opinion that further investigation into the case is necessary, he may refer the matter back to the officer conducting the inquiry with such directions as he may consider necessary, and such officer shall upon such reference back re-open the inquiry and proceed in accordance with regulation 43.

(4) Upon receipt of the record of proceedings and the report or where the disciplinary authority himself conducted the inquiry, upon conclusion of the inquiry, the disciplinary authority shall, after considering the evidence and, where the inquiry was not conducted by him, the report of the officer conducting the inquiry, make and record a finding whether, in his opinion, the accused officer is guilty of the disciplinary offence with which he was charged.

(5) Where the disciplinary authority's finding as to the guilt or innocence of the accused is contrary to the opinion of the officer conducting the inquiry as expressed in his report, the disciplinary authority shall record his reasons for the finding.

(6) Where the disciplinary authority finds the accused officer guilty, he shall proceed to award punishment:

Provided that where the disciplinary authority is a person exercising powers conferred upon him by the proviso to subparagraph (c) of paragraph (2) of regulation 33, he shall not impose any of the following punishments–

(a) dismissal;

(b) termination of appointment;

(d) reduction in salary,

but shall, if in his opinion, the case is of such gravity as to warrant any of the foregoing punishments being imposed, refer the case to the authority by whom the powers under the proviso to the said paragraph (2)(c) were conferred upon him, and such authority shall proceed to award such punishment as he may consider appropriate.

45. Procedure in summary proceedings

(1) Where the disciplinary authority decides to institute summary proceedings against an accused officer, he shall cause a statement giving particulars of the charge or charges to be prepared and served upon the accused officer.

(2) The disciplinary authority shall appoint the day, date, time and place for the investigation of the charge or charges and shall give the accused officer notice of the same.

(3) The accused officer shall have a right to be present at the investigation and make his defence:

Provided that failure by the accused officer to be present at the investigation shall not vitiate the proceedings.

(4) The investigation of the charge or charges shall be carried out in such manner as the disciplinary authority may determine.

(5) Upon the conclusion of the investigation the disciplinary authority shall make a finding whether, in his opinion, the accused officer is guilty of the offence or offences with which he is charged and if the disciplinary authority finds the accused officer guilty, he shall proceed to award such punishment as he may consider appropriate:

Provided that under no circumstances shall on investigation under this regulation, the accused officer be punished by–

(i) dismissal; or

(ii) termination of the appointment; or

(iii) reduction in rank; or

(iv) reduction in salary.

(6) The disciplinary authority may authorize any officer who is on pensionable terms and holds a rank senior to the rank held by the accused officer, to exercise all or any of his powers under paragraphs (1), (2), (3) and (4) of this regulation.

(7) Where an officer authorized in accordance with paragraph (6) holds an investigation–

(a) the provisions of paragraphs (1), (2), (3), and (4) shall apply as if references therein to the disciplinary authority were references to the officer so authorized;

(b) upon the conclusion of the investigation the person so authorized shall submit his report thereon to the disciplinary authority, who shall proceed to make a finding as to the guilt or innocence of the accused officer, and in the event of the accused officer being found guilty, proceed to award punishment in accordance with and subject to the limitations imposed by the provisions of paragraph (5).

(8) Where an investigation under this regulation is being or has been held, the disciplinary authority may at any time before awarding punishment, institute formal proceedings against the accused officer if, in the opinion of the disciplinary authority, the evidence adduced discloses facts which add to the gravity of the charge or charges or which show that the accused officer has or may have committed other disciplinary offences warranting formal proceedings.

C. Where Criminal Proceedings against Officer Pending or Concluded (regs 46-47)

46. Rules where disciplinary offence amounts to criminal offence

(1) Where an officer is alleged to have committed a disciplinary offence and the act or omission constituting such offence also constitutes a criminal offence under any written law, then, notwithstanding the provisions of any law to the contrary the following rules shall apply–

(a) if no disciplinary proceedings under these Regulations have been commenced in respect of the disciplinary offence, but proceedings for the criminal offence (hereinafter referred to as "criminal proceedings") are instituted against the accused officer in any court of law, then no disciplinary proceedings shall be commenced until after the conclusion of the criminal proceedings;

(b) if disciplinary proceedings have been commenced and during the pendency of such proceedings, criminal proceedings for the criminal offence are instituted, the disciplinary proceedings shall be stayed and no further step shall be taken in respect thereof until after the conclusion of the criminal proceedings;

(i) if the officer is acquitted of the criminal charge, such acquittal shall not be a bar to disciplinary proceedings against the accused officer on the same charge or on a charge based on the same facts being continued or instituted against the accused officer, and such disciplinary proceedings may be continued or instituted against the officer and the officer may be punished therefor as if no criminal proceedings had been instituted against him;

(ii) if the officer is convicted of the criminal charge, the Permanent Secretary, the Head of Department or the disciplinary authority may suspend the officer from the exercise of the powers and functions of his office pending consideration of his case under the provisions of this regulation;

(d) where the officer has been convicted of a criminal offence, he shall be deemed to have been found guilty under the provisions of these Regulations of a disciplinary offence based upon the same charge or the same facts which formed the ground of the criminal charge of which he was convicted, and the disciplinary authority shall, without continuing or instituting any disciplinary proceedings, proceed to punish the officer, of the disciplinary offence:

Provided that–

(i) no officer shall be punished under this paragraph until after he has been served with a notice specifying–

(A) the disciplinary offence of which he is deemed, under the provisions of this paragraph to have been found guilty;

(B) the punishment which the disciplinary authority proposes to impose;

and without the disciplinary authority having taken into consideration any plea made by the officer within the time specified in the notice;

(ii) where the accused officer has been convicted of a criminal offence which, in the opinion of the disciplinary authority may warrant his dismissal from service, formal disciplinary proceedings shall be instituted against the officer, or where such proceedings were instituted prior to the commencement of the criminal proceedings, they shall be continued and the accused officer shall, subject to the provisions of subparagraph (f), be tried on such formal disciplinary proceedings in accordance with the provisions of regulations 40 and 41;

(e) where a notice under paragraph (i) of the proviso to subparagraph (d) is given to the officer, the disciplinary authority shall not be bound to impose the same punishment as that specified in the notice but may impose any lesser punishment;

(f) in any formal disciplinary proceedings under paragraph (ii) of the proviso to subparagraph (d), proof that the accused officer has been convicted of the criminal offence shall be conclusive evidence of the fact that he has committed the disciplinary offence based on the same facts;

(g) where an officer has been convicted of a criminal offence and prior to the commencement of the criminal proceedings he was found guilty by a disciplinary authority of a disciplinary offence based on the facts or upon which the subsequent criminal charge was based, it shall be lawful for the disciplinary authority, upon the conclusion of the criminal proceedings, to substitute for the disciplinary punishment imposed upon the accused officer respect of the disciplinary offence, any other disciplinary punishment which, in the opinion of the disciplinary authority is warranted in view of the conviction of the officer of the criminal offence or in view of any evidence adduced at the criminal proceedings.

(2) For the purpose of this regulation, criminal proceedings shall be deemed to have been concluded–

(a) where there has been no appeal against the conviction or acquittal upon the expiry of the time allowed for such appeal by or under any written law;

(b) where there has been an appeal against the conviction or acquittal upon the expiry of the time allowed by or under any written law for any further appeal.

(3) Where there has been an appeal or a further appeal against any conviction or acquittal, the judgment of appellate tribunal shall be taken into consideration in determining whether the officer has been convicted or acquitted.

(4) Nothing in paragraph (i) of the proviso to subparagraph (d) of paragraph (1) of this regulation shall be construed as precluding the disciplinary authority from instituting disciplinary proceedings against the officer convicted of a criminal offence independent of his conviction of such criminal offence:

Provided that where a disciplinary authority institutes disciplinary proceedings against an officer independent of his conviction of a criminal office, then, in the event of an appeal or further appeal against such conviction, the provisions of subparagraphs (a), (b) and (c) of paragraph (1) shall apply–

(5) Where consequent upon his conviction on a criminal charge involving fraud or dishonesty on his part, an accused officer is, pursuant to the provisions of paragraph (ii) of the proviso to subparagraph (d) of paragraph (1), punished by dismissal from the service for a similar disciplinary offence or for a disciplinary offence based on the same facts after formal proceedings having been taken against him, his dismissal shall take effect from the date upon which he was convicted of the criminal offence.

47. Effect of suspension

Where an officer is suspended in accordance with the provisions of subparagraph (c) of paragraph (1) of regulation 46, the officer shall with effect from the date of suspension, cease to be entitled to receive any salary or other allowance:

Provided that the officer may be paid during the period of his suspension an alimentary allowance in such amount and subject to such terms and conditions as the Permanent Secretary, Head of Department or disciplinary authority may determine.

D. Miscellaneous (regs 48-55)

48. Where two or more disciplinary authorities have concurrent jurisdiction

(1) Where two or more disciplinary authorities have under these Regulations on current jurisdiction to institute disciplinary proceedings against an officer for the same offence and such proceedings have been commenced by any one of them, the officer shall not be subjected to disciplinary proceedings for the same offence by any other disciplinary authority:

Provided that a disciplinary authority who is senior in rank may require any disciplinary authority who is junior to him in rank to transfer to him any disciplinary proceedings commenced by such disciplinary authority junior in rank, and upon such proceedings being transferred to him, the disciplinary authority senior in rank may proceed therewith as if the proceedings had been instituted by him.

(2) For the purposes of this regulation the Commission shall be deemed to be the disciplinary authority seniormost in rank.

49. Punishments

(1) The following punishments may be imposed upon an officer as result of proceedings under this Part of these Regulations–

(a) dismissal, that is, termination of appointment with forfeiture of all retirement benefits and other privileges in accordance with the provisions of any law for the time being in force;

(b) termination of appointment otherwise than by dismissal;

(d) reduction in salary;

(e) stoppage of increment, that is, non-payment for a specified period of an increment otherwise due;

(f) withholding of increment, that is, suspension of the payment of an increment until such conditions as may be specified and fulfilled;

(g) deferment of increment, that is, postponement of the date of payment of an increment;

(h) fine of an amount not exceeding one quarter of a month's pay;

(i) the recovery of the amount of any loss caused to the Government or the value of any property of the Government destroyed or damaged or the cost of repairing any property destroyed or damaged, by the officer by any wilful act or omission or by reason of his failure to take reasonable care or to discharge his duties in a reasonable manner;

(k) in the case of an officer who is the holder of a non-pensionable post, suspension from duty with consequent loss of pay and allowances for a period not exceeding fourteen days.

(2) Neither of the punishments specified in subparagraphs (d) and (h) of paragraph (1) shall be imposed on any person to whom the provisions of Part VI of the Employment Ordinance apply.

50. Loss occasioned by officer may be recovered from him independently of these Regulations

(1) Where an officer by his wilful act or omission, or by his negligence or misconduct, or by reason of his failure to take reasonable care or to discharge his duties in a reasonable manner, causes the Government to suffer any loss or causes damage to any property of the Government, the amount of such loss or the value of the property of the Government, the amount of such loss or the value of the property damaged or an amount equal to the cost of repairing such property or such portion of such amount or value, as the appropriate authority may determine, may be recovered from such officer under the provisions of the Public Officers (Recovery of Debts) Act *, independently of these of 1970 Regulations.

(2) Where steps have been taken to recover any such amount or value as aforesaid under the Public Officers (Recovery of Debts) Act * it shall not be unlawful for disciplinary proceedings for the act, omission negligence, failure to take reasonable care or failure to discharge a duty in a reasonable manner, being instituted under these Regulations:

Provided that where such proceedings are instituted the punishment specified in subparagraph (j) of paragraph (1) of regulation 49 shall not be awarded save to the extent of the difference between the actual amount of the loss incurred by the Government or, as the case may be, the actual value of the property or the actual cost of repairing such property, and the amount to be authorized to be recovered under the Public Officers (Recovery of Debts) Act *.

(3) Where an officer who has become liable to pay any amount to the Government by reason of his negligence, misconduct, failure to take care, failure to discharge his duties in a reasonable manner or other act or omission, is convicted under section 284A of the Penal Code * for the act or omission or other circumstances giving rise to such liability and the court has ordered the officer to pay to the Government compensation under subsection (7) of the said section 284A, any amount ordered to be recovered from the officer by a disciplinary authority under subparagraph (j) of paragraph (1) of regulation 49, or by an appropriate authority under the provisions of the Public Officers (Recovery of Debts) Act *, the order of the disciplinary authority or, as the case may be, of the appropriate authority–

(a) if the amount ordered to be recovered by the disciplinary authority or, as the case may be, the appropriate authority, exceeds the amount of the compensation ordered under section 284A of the Penal Code, shall be effective only to the extent of the difference between the two amounts;

(b) if the amount ordered to be recovered by the disciplinary authority or, as the case may be, the appropriate authority, is less than as the amount of the compensation ordered under section 284A, shall cease to have effect.

(4) Notwithstanding the provisions of paragraph (3) where disciplinary proceedings are instituted or an officer is punished under these Regulations after his conviction under section 284A, it shall be lawful for the disciplinary authority to order that an amount equal to the difference between the actual amount of the loss, the value of the property or the cost of repairs and–

(a) the amount of the compensation awarded under section 284A of the Penal Code; or

(b) where steps have also been taken to recover any amount from the officer under the Public Officers (Recovery of Debts) Act * the aggregate of the amount which may, subject to the provisions of paragraph (3), be recovered under that Act and the amount of compensation awarded under section 284A of the Penal Code *,

be recovered from the officer by way of punishment.

(5) In this regulation the term "appropriate authority" shall have the meaning assigned thereto by the Public Officers (Recovery of Debts) Act *.

51. Withholding of increments for unsatisfactory service

(1) Notwithstanding any other provision in this Part of these Regulations, where a Permanent Secretary, Head of a Department in his Ministry, Department or Division, as the case may be, should be withheld on the ground–

(a) of unsatisfactory service not amounting to misconduct; or

(b) that the officer has failed to pass any examination, the passing of which is a pre-requisite to the grant of an increment,

he may withhold such increment.

(2) When the Permanent Secretary, the Head of a Department or the Head of a Division is satisfied that an increment withheld under paragraph (1) should be restored, he shall inform the officer in question that his increment shall be restored with effect from such date as he may specify.

(3) Where an increment is restored under paragraph (2) any further increments which may be granted to the officer in question shall, subject to any other proceedings which may be taken under this part, take effect from such officer's normal incremental date.

52. Suspension of increments

(1) Notwithstanding any other provision in this Part of these Regulations, the Permanent Secretary, the Head of a Department or the Head of a Division may suspend the payment of an increment which is due to be granted to an officer in the Ministry, Department or Division, as the case may be where–

(a) disciplinary or criminal proceedings have been instituted against the officer; or

(b) the Permanent Secretary, the Head of a Department or the Head of a Division has reason to believe that grounds may exist for withholding the increment under regulation 51.

(2) Where an increment, the payment of which has been suspended under this regulation, is not withheld under regulation 51 or otherwise, it shall be restored with effect from the date upon which it would have been granted had it not been suspended.

53. Reprimands and warnings

Nothing in these Regulations shall prohibit any Permanent Secretary, Head of a Department or Head of a Division from issuing a reprimand for or a warning of unsatisfactory work or conduct to any officer in his Ministry, Department or Division, or any officer from issuing such a reprimand or warning to any officer directly subordinate to him.

54. Absent without leave

(1) Where an officer is absent from duty without leave or reasonable cause for a period exceeding five days, the officer may be charged with the disciplinary offence of being absent without leave and punished by dismissal.

(2) If the whereabouts of the officer charged under paragraph (1) are not known, a copy of the charge shall be served by leaving it at the place where he is known to have resided prior to his absence or by sending it to his last known address.

(3) Service in accordance with the provisions of paragraph (2) shall be deemed to be good service of the charge for the purposes of disciplinary proceedings being proceeded with in accordance with these Regulations.

55. Regulations not to apply to auxiliary grades

Where there is any conflict between any provision of these Regulations and any provision of the Security of Employment Act *, the later shall prevail in so far as officers in the auxiliary grades to whom Part III of that Act apply, are concerned.

E. Appeals (regs 56-59)

56. Appeals

Where under these Regulations any punishment is imposed upon any officer by a person who has been authorized under the proviso to subparagraph (c) of paragraph (2) of regulation 33 to exercise the powers conferred by that paragraph upon a Head of a Department or a Head of a Division such officer may appeal against such decision to his Head of Department or Head of Division, who may confirm, vary or rescind the decision.

57. Time of appeals

(1) Where any officer desires to appeal under section 21 of the Act or under regulation 56 of these Regulations, against any decision, he shall, within ten days of the receipt by him of the decision, give notice in writing to the authority to whom the appeal lies, of his intention so to appeal and shall, within thirty days of such receipt, submit his petition of appeal to such authority.

(2) An appellate authority shall, on receipt of a notice or petition under paragraph (1), serve a copy of such notice or petition upon the authority against whose decision the appeal is brought.

58. Procedure

(1) On an appeal under regulation 56 or section 21 of the Act, the appellate authority may, in his absolute discretion, allow both the appellant and the disciplinary authority whose decision is being appealed against, or either of them, an opportunity to be heard in support of, or as the case may be, against the appeal.

(2) No finding made or punishment imposed by a disciplinary authority under the provisions of these Regulations shall be reversed or set aside on the ground only of any irregularity in the appointment of the disciplinary authority or the conduct of the disciplinary proceedings, but in any such case, if the appellate authority is of the opinion that such irregularity has occasioned injustice it may direct that the disciplinary proceedings commence de novo.

59. Accused entitled to copy of finding

In every disciplinary proceeding and in every appeal under these Regulations, the accused person shall be entitled to a copy of the finding made by the disciplinary authority or, as the case may be, the appellate authority.

PART VI
REVOCATION AND TRANSITIONAL PROVISIONS (reg 60)

60. Revocation

(1) [The Civil Service Regulations * are hereby revoked.]

(2) Notwithstanding the provisions of paragraph (1), where on the date when these Regulations come into operation any proceedings have been commenced under the Civil Service Regulations but have not been concluded, the same shall be continued and concluded in accordance with the provisions of these Regulations.

(3) Notwithstanding the renovation of the Civil Service Regulations every committee established under the provisions of these Regulations shall be deemed to have been established under these Regulations.

FIRST SCHEDULE

PART A

1. Administrative Officer (all grades).

2. Chief Establishment Officer.

3. Principal Establishment Officer.

4. Senior Establishment Officer

5. Establishment Officer (all grades).

6. Assistant Establishment Officer.

PART B

7. Office Supervisor (all grades).

8. Higher Executive Officer.

9. Executive Officer.

10. Higher Executive Officer.

11. Clerical Officer

12. Clerical Assistant

13. Registry Supervisor.

14. Registry Assistant

15. Personal Secretary.

16. Stenographer.

17. Typist.

18. Audio-typist.

19. Superintendent of Stores.

20. Supplies Officer.

21. Stores Officer.

22. Stores Assistant.

23. Telephone Operator (all grades).

24. Finance Officer (all grades).

25. Chief Accountant.

26. Accounts Assistant.

27. Machine Operator (all grades).

PART C

Chief Economist.

Senior Economist.

Economist (all grades).

Senior Statistician.

Statistician (all grades).

Statistical Officer.

Statistical Assistant.

Senior Statistical Clerk.

Statistical Clerk.

PART D

State Attorney (All grades).

Director of Public Prosecutions.

Chief State Attorney.

Principal State Attorney.

Senior State Attorney.

Chief Parliamentary Draftsman.

Senior Parliamentary Draftsman.

Administrator-General.

Senior Assistant Administrator-General (all grades).

Assistant Administrator-General (all grades).

All legal officers other than judicial officers.

Senior Law Secretary.

Law Secretary (all grades).

Law Assistant (all grades).

Senior Law Provision Officer.

Law Revision Officer (all grades).

Assistant Law Revision Officer (all grades).

Senior Legal Translator.

Legal Translator (all grades).

Assistant Registrar.

Senior Registration Officer.

Senior Probate Officer.

Probate Officer.

Registration Officer (all grades).

Registration Assistant (all grades).

SECOND SCHEDULE
CONDITIONS OF LEADERSHIP

1. A person to whom the provisions of this Schedule apply shall not be qualified in the terms of subparagraph (b) of paragraph 3 of regulation 21, if he or his spouse–

(a) is the beneficial owner of any share in any company incorporated or established in the United Republic or elsewhere or of any interest in any such share;

(b) holds the office of a director in any company incorporated or established in the United Republic or elsewhere otherwise than as a nominee of the Government or of any statutory corporation or of any company of which the majority of ordinary shares are held, directly or indirectly, by the Government or by a statutory corporation;

(c) is the beneficial owner of any interest in house or other building which, or any portion of which, is the exclusive occupation of some other person in consideration of payment of rent, fee or other valuable consideration whatsoever other than lawful deductions from the wages payable to a domestic servant in respect of occupation by him of any portion of such house or of any living quarters attached thereto;

(d) is in receipt of two or more salaries;

(e) being a person engaged in any trade, business, profession or vocation, employs any workman for purposes of, or in connection with, such trade, business, profession or vocation.

2. For the purposes of subparagraph (a) of paragraph 1 of this Schedule, "share" includes stock, debentures and other interest whatsoever.

3. For the purposes of subparagraphs (a) and (c) of paragraph 1 of this Schedule–

(a) a person shall not be deemed to be a beneficial owner of a share in a company or of a house or other building or of any interest in a share, house or other building, if such person's interest therein is as a beneficiary under a trust or wakf relating to such share, house or other building or interest in a share, house or other building and if–

(i) he himself is not the settlor of the trust or wakf; and

(ii) he was not, at any time during the five years immediately preceding the settlement of the trust or wakf, the beneficial owner of the share, house or building or of any interest in the share, house or building;

(b) a person shall not be in contravention of the provisions of subparagraphs (a) or (c) where any share, house or building or any interest in a share, house or building becomes vested in him by inheritance or by operation of law if he notifies the appointing authority of such vesting and lodges with the appointing authority an undertaking in writing to dispose of such shares, house or building or interest in a share, house or building within three months after the same became vested in him.

4. For the purposes of subparagraph (b) of paragraph 1 of this Schedule "statutory corporation" means any body corporate established by or under any written law other than the Companies Ordinance.

5. For the purposes of subparagraph (d) of paragraph 1 of this Schedule–

(a) "salary" means–

(i) the salary and allowances payable to an officer;

(ii) the gains or profits from any trade, business, profession or vocation;

(iii) the remuneration payable to a person under any contract of service by way of salary, wages or allowances;

(iv) the income accruing to a beneficiary under a trust or wakf from such trust or wakf;

(b) where a person is a beneficiary under two or more trusts or wakfs the total income accruing to him as such beneficiary shall be deemed to be one salary:

Provided that the Permanent Secretary in the President's Office may direct that any income, remuneration or emoluments shall not be a salary for the purposes of that subparagraph.

6. For the purposes of subparagraph (e) of paragraph 1 of this Schedule–

(a) "workman" means a person who has entered into or works under a contract of service with the person employing him, whether such person works by way of manual labour or otherwise, whether the contract is expressed or implied, or is oral or in writing, and whether the remuneration is calculated by time or work done, or whether by the day, week or for any longer period but does not include a person–

(i) who is employed on a temporary basis by a farmer to do any work of an agricultural nature and whose remuneration is calculated by time or work done on a daily basis; or

(ii) who is employed in connection with his employer's profession by any person engaged in the medical, legal, architectural, civil engineering or dentistry profession or such other profession as the Permanent Secretary in the Presidents' Office may direct to be an exempt profession for the purposes of the subparagraph; or

(iii) who participates on a communal basis or under a customary arrangement in doing any work for the benefit of a member of the community in consideration of remuneration calculated by time done; and

(b) "vocation" includes maintaining a hotel, boarding house or like establishment for gain or profit.

7. A person to whom the provisions of this Schedule apply may at any time be required by the Permanent Secretary (Establishments) to lodge, with such person and within such period as may be specified by the Permanent Secretary (Establishments), a declaration to the effect that he does or does not satisfy the conditions specified in paragraph 1 of this Schedule.

THE LOCAL GOVERNMENT (SERVICE SCHEME) REGULATIONS

ARRANGEMENT OF REGULATIONS

Regulation

Title

PART I
PRELIMINARY PROVISIONS

1. Citation.

2. Application.

3. Interpretation.

PART II
THE COMMISSION

4. Constitution of the Commission.

5. Oaths by members and officers.

6. Tenure of office.

7. Remuneration of members.

8. Secretary and staff of the Commission.

9. Procedure of the Commission.

10. Expenses of the Commission.

11. Liability of the Commission.

PART III
POWERS OF THE COMMISSION

12. Powers in relation to the Service.

13. Service Regulations.

14. Examinations.

15. Commission may delegate powers.

16. Communications of the Commission.

17. Commission may require attendance.

18. Offence to influence or attempt to influence Commission.

19. Giving false information to Commission.

20. Construction.

21. Unauthorized disclosure of information.

22. Consent of D.P.P.

PART IV
THE SERVICE

23. Members not to be appointed in the Service.

24. Officers serving prior to application of the Scheme.

25. Transfer of service.

26. Approved establishment.

27. Notification of vacancies.

28. Appointment of temporary staff.

29. Secondment.

30. Examination of serving officers and restriction of application of new terms.

PART V
MISCELLANEOUS PROVISIONS

31. Interpretation.

32. Amendment.

SCHEDULE

THE LOCAL GOVERNMENT (SERVICE SCHEME) REGULATIONS

(Section 5 of Act No. 10 of 1982)

G.N. No. 139 of 1982

PART I
PRELIMINARY PROVISIONS (regs 1-3)

1. Citation

This Scheme may be cited as the Local Government (Service Scheme) Regulations.

2. Application

This Scheme shall apply to and in respect of all–

(a) district authorities employing persons in respect of whom this Scheme applies;

(b) urban authorities employing persons in respect of whom this Scheme applies;

(d) officers and employees of the Commission.

3. Interpretation

In this Scheme, unless the context requires otherwise–

"the Act" means the Local Government Service Act *;

"approved establishment" means the establishment of posts in an employing authority, that has been approved in accordance with regulation 26;

"Chairman" means the Chairman of the Commission, and includes the Vice-Chairman;

"Commission" means the Local Government Service Commission established by section 4 of the Act;

"local government office" means an office of emolument in the Service;

"local government officer" means a person holding or acting in a local government office;

"member" in relation to the Commission means a member of the Commission and includes the Chairman and the Vice-Chairman;

"Minister" means the Minister responsible for local government;

"proper officer" means–

(a) in relation to an urban authority, the Minister;

(b) in relation to a district authority, the Regional Commissioner for the region in which the district authority is established;

"public officer" means a person holding office in a department of the Central Government or in a public or statutory corporation.

PART II
THE COMMISSION (regs 4-11)

4. Constitution of the Commission

(1) The Commission shall consist of members appointed in pursuance of section 4 of the Act.

(2) There shall be a Vice-Chairman of the Commission who shall be appointed by the President.

(3) If the office of Chairman is vacant or if the person holding that office is for any reason unable to perform the functions of his office, then, until a person is appointed and assumes the functions of that office or until the person holding that office resumes those functions, as the case may be, the functions of the office of Chairman shall be performed by the Vice-Chairman, and if the Vice-Chairman is absent or unable to perform those functions, by a person appointed by the President.

(4) If at any time there are less than five members besides the Chairman or if a member is appointed to be the Chairman or is for any reason unable to perform the functions of his office, the Minister may appoint a person who is qualified for appointment as a member to act as a member, and any person so appointed shall, subject to regulation 6, continue to act until the office in which he is acting is filled or, as the case may be, until the holder of the office resumes its functions or until his appointment to act is revoked by the Minister.

(5) Where under subregulation (3) or (4) the President appoints any person to act in or perform the functions of the office of Chairman or, as the case may be, the Minister appoints any person to act in or perform the functions of the office of a member, no such appointment shall be called in question on the ground that the holder of the office was unable to perform those functions.

5. Oaths by members and officers

(1) The Chairman and every member of the Commission shall, before entering upon the exercise of the functions of his office, take and subscribe such oath as may be prescribed in that behalf under the Official Oaths Act *.

(2) The Secretary, and such other officers of the Commission as may be determined by the Commission shall, each before entering upon the exercise of the functions of his office, take and subscribe the oath of office prescribed in the Schedule to this Scheme, in the presence of the Chairman or the Vice-Chairman.

6. Tenure of office

(1) Every member of the Commission shall vacate his office–

(a) upon the expiration of three years from date of his appointment;

(b) if any circumstances arise that, if he were not a member, would disqualify him from appointment as a member;

(d) if he absents himself from meetings of the Commission for a period longer than two consecutive months without the leave of the appointing authority, the said period of two months being calculated from and including the date of the first meeting of the Commission next after the last meeting at which he was present; or

(e) if the President directs that he be removed from office for inability to discharge the functions of his office, whether arising from infirmity of body or mind or any other cause, or for misbehaviour.

(2) A member of the Commission shall not be removed from office except in accordance with the provisions of the Regulation.

(3) Where any person vacates the office of Chairman or member in accordance with subregulation (1), he may, if qualified, be appointed again to hold that office in accordance with the provisions of this Scheme.

7. Remuneration of members

(1) There shall be paid to the Chairman and members such remuneration and allowances as may be prescribed by the President.

(2) The remuneration payable to the Chairman or to a member and his terms of service, other than allowances, shall not be altered to his disadvantage after his appointment.

8. Secretary and staff of the Commission

(1) There shall be a Secretary of the Commission who shall be appointed by the President upon such terms and conditions as shall be specified in the instrument of his appointment.

(2) The Secretary of the Commission shall not be a member nor have any vote in its deliberations.

(3) There shall be appointed by the Commission such other officers of the Commission as may be necessary to constitute the staff of the Commission and to ensure the efficient and proper discharge of the functions of the Commission.

9. Procedure of the Commission

(1) The Commission may, by regulations or any other manner, regulate its own procedure.

(2) Any decision of the Commission shall require the concurrence of a majority of all its members, except that subject to its rules of procedure, the Commission may act notwithstanding any vacancy in its membership or the absence of any member.

10. Expenses of the Commission

(1) Subject to sub-clause (2), the remuneration and allowances of members of the Commission and the salaries and expenses incurred shall be defrayed by the Commission in the discharge of its functions out of moneys provided by Parliament and the Minister shall prescribe from time to time the amount of the contribution to be paid to Government by each employing authority in respect of the cost of the Commission and the time on or before which, and the manner in which, such contribution shall be made.

(2) Every employing authority shall itself reimburse the Commission with the costs of advertising vacant posts on its behalf and with the costs of meeting expenses of candidates attending interviews in respect of the vacant posts.

11. Liability of the Commission

(1) Without prejudice to section 284A of the Penal Code * or to the provisions of the Public Officer (Recovery of Debts) Act *. No act or thing done or omitted to be done, and no contract entered into by the Commission or any of its members, officer or employees shall, if done or omitted or entered into bona fide in the execution or purported execution of his duties as a member, officer or employee, subject the Commission or that member, officer or employee to any action, liability or demand of any kind, subject to subregulation (2).

(2) Where in any proceeding it becomes necessary to prove the bona fides of an act or thing done, or any contract entered into, by the Commission or any member, officer or employees of the Commission in pursuance of functions exercisable under the Act or this Scheme, the onus probandi respecting the bona fides of the act, thing or contract shall lie on the person alleging it.

PART III
POWERS OF THE COMMISSION (regs 12-22)

12. Powers in relation to the Service

(1) Subject to section 7 of the Act, the Commission shall have power–

(a) to constitute and abolish offices in the Service to be held by office in respect of whom this Scheme applies;

(b) to appoint persons to hold or act in any office in the Service, including power to confirm appointments and to transfer officers from one employing authority to another, and to exercise disciplinary control over persons holding or acting in those offices and to remove such persons from offices;

(2) The decisions of the Commission made in exercise of its power in respect of any of the matters specified in subregulation (1) shall be binding upon all employing authorities and on all local government officers employed by them.

13. Service Regulations

(1) The Service Regulations made by the Commission in pursuance of section 15 of the Act may relate to–

(a) the procedure and manner of giving advice by the Commission and other public authorities to employing authorities regarding the training of their employees;

(b) the interviewing and selection of candidates for awards under training schemes and the co-ordination of arrangements for courses of training;

(c) the co-ordination of arrangements for the setting of promotional examinations for employees and of entrance examinations for prospective employees;

(d) the employment of persons on contract terms and the terms of those contracts;

(e) subject to the national policy on productivity, incomes and prices, the grant to local government employees, and the terms for the grant of allowances prescribed by the Commission from time to time.

(2) The President may make regulations for the maintenance and control of the Service, and regarding the appointment of persons to hold or act in certain categories of offices in the Service, and the disciplinary control of those officers.

(3) Where the President makes any regulations under subregulation (2) those regulations shall be deemed to be part of this Scheme, and shall be read together with Service Regulations made by the Commission.

14. Examinations

(1) The Commission may arrange for such examinations and conduct such interviews, investigations, selection, promotion or appoint other boards as it may consider necessary for the proper discharge of its functions under this Scheme.

(2) The Commission may co-opt into any board appointed in pursuance of subregulation (1) persons who are not members of the Commission; but the number of persons so co-opted shall not exceed the number of members of the Commission on the Board.

15. Commission may delegate powers

The Commission may, by direction in writing, and subject to such conditions as it may deem fit, delegate any of its powers and duties to any board appointed under Regulation (1) of regulation 14, and to any local government officer or employing authority, but such Board, officer or authority shall not exercise any power in excess of that delegated or necessary for the discharge of the duties in question, and shall not sub-delegate the power or duties.

16. Communications of the Commission

No person shall in any legal proceedings be permitted or compelled to produce or disclose any communication, written or oral, which has taken place between the Commission or any of its members or officers, and the President or any employing authority or any of its members or officers, or between any member or officer of the Commission and the Chairman, or in connection with the exercise of any of the functions of the Commission, unless the Chairman consents in writing to the production or disclosure.

17. Commission may require attendance

The Commission may require any local government officer to attend and give information before it concerning any matter it is required to consider in exercise of its functions and may require the production of any official documents relating to any such matter by the person attending before it.

18. Offence to influence or attempt to influence Commission

(1) Without prejudice to the provisions of any other written law, every person who, otherwise than in the course of his duty, directly or indirectly, by himself or by any other person, in any manner influence or attempts to influence any decision of the Commission commits an offence and is liable upon conviction to a fine not exceeding four thousand shillings or to imprisonment for a term not exceeding two years or to both that fine and imprisonment.

(2) Nothing in subregulation (1) shall prohibit any person from giving a certificate or testimonial to any applicant or candidate for any local government office or course or training or from supplying information or assistance upon formal request made by the Commission.

19. Giving false information to Commission

Without prejudice to the provisions of any other written laws, any person who in connection with the exercise by the Commission of its functions or duties wilfully gives to the Commission any information which he knows to be false or does not believe to be true, or which he knows to be false by reason of the omission of any material particular, commits an offence and is liable upon conviction to a fine not exceeding four thousand shillings or to imprisonment for a term not exceeding two years or to both that fine and imprisonment.

20. Construction

For the purposes of regulations 18 and 19, the term "the Commission" includes the Commission, any member of the Commission, the Secretary of the Commission, any member of the staff of the Commission or any person or body of persons appointed to assist the Commission in the exercise of any of its functions or duties.

21. Unauthorized disclosure of information

(1) No member of the Commission, nor the Secretary, any member of the staff of the Commission or any other person shall, without the written permission of the Minister, publish or disclose to any person otherwise than in exercise of his official function of any kind which has come to his notice in the course of his duties and any person who knowingly acts in contravention of the provisions of this regulation commits an offence and is liable upon conviction to a fine not exceeding two thousand shillings or to imprisonment for a term not exceeding twelve months or to both that fine and imprisonment.

(2) Any person who knows of any information which to his knowledge has been disclosed in contravention of the provisions of subregulation (1) and who publishes or communicates it to any person other than for the purposes of any prosecution under this Scheme or in the course of his official duty, commits an offence and is liable upon conviction to a fine not exceeding two thousand shillings or to imprisonment for a term not exceeding twelve months or to both that fine and imprisonment.

22. Consent of D.P.P.

No prosecution for any offence contrary to any of the provisions of this Scheme shall be instituted except with the written consent of the Director of Public Prosecutions.

PART IV
THE SERVICE (regs 23-30)

23. Members not to be appointed in the Service

A person shall so long as he is a member of an employing authority be disqualified from being appointed as a local government officer in the service of that authority.

24. Officers serving prior to application of the Scheme

(1) Upon the commencement of this Scheme, every person previously employed in the service of a District Development Council, Urban Council or Village Council shall have an option to become a local government officer, but an employing authority shall have a right to reject to continue with the services of any person so previously employed.

(2) Subject to regulation 25, any person who becomes a local government officer pursuant to subregulation (1) shall be governed in his employment in the Service by the provisions of this Scheme.

(3) An option by an officer to become a local government officer, once taken, and accepted by an employing authority, shall be irrevocable.

25. Transfer of service

Where a person opts to become a local government officer by virtue of regulation 24, the terms and conditions of service applicable to him in his employment with the Service shall, except where the President directs otherwise, be not less favourable than those which were applicable to him immediately before his transfer to the Service, and he shall be deemed to have been appointed in the Service in such office as the Commission shall determine, and for the purposes of determining any right to gratuity or other superannuation benefit, his service in the Service shall be regarded as continuous employment by one employer within the meaning of section 8A of the Severance Allowance Act * and that Act shall apply to the parties in the same manner as it applies to the cases set out in subsection (1) of that section.

26. Approved establishment

(1) Subject to subregulation (2), and to the provisions of this Scheme, an employing authority may, with the approval of the proper officer, make provision in its estimates for an establishment of posts to be held by such officers and such other persons as it shall think necessary for the efficient discharge of its functions.

(2) The grading of posts and the salary scales attaching to the posts for which provision is so made shall be as prescribed by the Commission.

27. Notification of vacancies

(1) Where a post in the approved establishment of an employing authority is vacant or is about to become vacant, the employing authority, shall notify the Commission in the endeavour to fill the post as soon as practicable; but the proper officer may, at the request of an employing authority and in the exercise of his absolute discretion, give authority to the Commission for the post to remain vacant.

(2) For the avoidance of doubt, it is hereby declared that all local government officers, whether appointed prior to the establishment of the Service or appointed by the Commission on behalf of an employing authority, shall be the servants of, and owe loyalty to, the employing authority to which they are appointed.

28. Appointment of temporary staff

Where the Commission is unable to fill any vacant post with a person holding the qualification considered by the Commission as requisite for the holder of that post, the Commission may in its discretion appoint a person who is not so qualified to act temporarily in that post for a period of not more than two years.

29. Secondment

Notwithstanding the other provisions of this Scheme, the Commission may appoint to the service of an employing authority a public officer seconded in accordance with the provisions of section 9 of the Act.

30. Examination of serving officers and restriction of application of new terms

(1) The Commission may in its absolute discretion, require the holder of any local government office to satisfy the Commission by examination or any other manner, of his proficiency and fitness to hold that office; but this subregulation shall apply only to the category or categories of local government offices as the Commission shall prescribe.

(2) Where the holder of a local government office to which subregulation (1) applies fails to satisfy the Commission of his proficiency and fitness to hold that office, the Commission shall endeavor to transfer him, with his consent, to a local government office which, in the opinion of the Commission, is commensurate with his abilities.

(3) In default of that transfer, the Commission may in its discretion, require that the employment of that local government officer be terminated by the employing authority in accordance with his existing terms and conditions of service.

PART V
MISCELLANEOUS PROVISIONS (regs 31-32)

31. Interpretation

In any case of doubt as to the proper interpretation of any regulation of this Scheme, the matter shall be referred by the Commission to the Minister for decision and his decision shall be final.

32. Amendment

No amendment of these Regulations shall come into operation unless it is approved by resolution of the National Assembly.

SCHEDULE
OATH OF OFFICER OF THE COMMISSION

I, ........................................................................................................................, being called upon to exercise the functions of Secretary an officer of the Local Government Service Commission do swear/affirm that I will not directly or indirectly reveal to any unauthorized person or otherwise than in the course of duty the contents or any part of the contents of any document, communication or information whatsoever which may come to my knowledge in the course of my duties as an officer of the Commission.
SO HELP ME GOD
Sworn/Declared before me this ......................... day of ......................... 20........
	........................................................... Chairman of the Local Government Service Commission

THE LOCAL GOVERNMENT SERVICE COMMISSION REGULATIONS

TABLE OF CONTENTS

Regulation

Title

PART I
PRELIMINARY PROVISIONS

1. Citation.

2. Interpretation.

PART II
PROCEDURE

3. Meetings of Commission.

4. Minutes.

5. Decisions by circulation of papers.

6. Voting.

7. Addressing of correspondence.

8. Procedure of Boards.

9. Right of hearing of employing authority, etc.

PART III
APPOINTMENTS (INCLUDING PROMOTIONS AND TRANSFERS), CONFIRMATION OF APPOINTMENTS AND TERMINATION OF APPOINTMENTS (OTHERWISE THAN BY DISCIPLINARY PROCEEDINGS)

10. Selection of candidates.

11. Advertisement.

12. Terms of appointment.

13. Vacancies dependent on examination.

14. Probationary appointments.

15. Promotions on trial.

16. Further engagements.

17. Temporary appointments.

18. Termination of appointment of contract officers.

19. Termination of appointment other than on disciplinary grounds.

20. Termination of appointment on grounds of ill-health.

21. Delegations.

22. Transfers.

23. Secondment of Local Government Officers.

24. Joint appointment.

25. Cases not covered by this Part.

26. Special procedure.

27. Action by Secretary.

28. Disagreement on action to be taken.

PART IV
DISCIPLINE

A - General

29. Interdiction.

30. Suspension of officer convicted of a criminal offence.

31. No disciplinary action whilst criminal proceedings pending.

32. Disciplinary action after acquittal of criminal charges.

33. Retiring awards, leave passage, etc., lost by dismissal.

34. Office to be informed regarding decisions on charges proceedings.

B - Chief Officers and Officers in Receipt of a Salary Exceeding
the Basic Salary of LGS. 8 Salary Scale

35. Application of this Part.

36. Proceedings for dismissal against an officer to whom this Head applies.

37. Proceedings involving a penalty less than dismissal.

C - Officers (excluding Chief Officers) in Receipt of Salary not Exceeding
the Maximum of LGS. 7 Salary Scale but exceeding the Basic Salary
of LGS. 6 Salary Scale, and Officers of Category "B" with not less than
Fifteen Years' Continuous Service

38. Application of this Part.

39. Proceedings for dismissal against an officer to whom Head C applies.

40. Proceedings involving penalty less than dismissal.

D - Officers of Category "B" who have less than Fifteen Years' Continuous Service
and Officers of Category "C"

41. Application of Head D.

42. Delegation.

43. Proceedings for dismissal or other punishment against an officer to whom Head D applies.

E - Termination of Service on Grounds of Public Interest

44. Termination of service on grounds of public interest.

F - Officers Convicted of Criminal Offences

45. Proceedings against officer convicted of criminal offence.

G - General

46. Power of employing authority and Commission to initiate action.

47. Punishment.

48. Powers of Director.

49. Appeals.

50. Where the Director is the accused officer.

51. Information on charge.

52. Assessment of continuous service.

53. Cases not covered by this Part

PART V
GENERAL PROVISIONS

54. Provident Fund.

55. Persons may be required to contribute.

56. Gratuities.

57. Assessment of retiring benefits.

58. Security.

59. Records.

60. Records of an officer transferred.

61. Returns, reports etc.

THE LOCAL GOVERNMENT SERVICE COMMISSION REGULATIONS

(Section 15(1) of Act No. 10 of 1982)

G.N. No. 149 of 1984

PART I
PRELIMINARY PROVISIONS (regs 1-2)

1. Citation

These Regulations may be cited as the Local Government Service Commission Regulations.

2. Interpretation

(1) In these Regulations, unless the context otherwise requires–

"Acts" means the Local Government (District Authorities) Act * and the Local Government (Urban Authorities) Act *;

"approved establishment" means the establishment of posts in an employing authority that has been approved in accordance with regulation 26 of the Scheme;

"Association" means the Association of Local Authorities for the time being recognised by the Minister as an association for the purpose of the Local Government Service Act *;

"Category 'A' Staff" means that category of staff of the Local Government Service that has been so designated by the Commission under regulation 12 of the Service Scheme Regulation;

"Category 'B' Staff" means that category of staff of the Local Government Service that has been so designated by the Commission under regulation 12 of the Service Scheme Regulation;

"Category 'C' Staff" means that category of staff of the Local Government Service that has been so designated by the Commission under regulation 12 of the Service Scheme Regulation;

"Chairman" means the Chairman of the Commission;

"Commission" means the Local Government Service Commission "established by Section 4 of the Local Government Service Act *;

"Director" means the District Executive Director of a District Council and the Director of a Town Council, Municipal Council or City Council including Executive Officer of a Township Authority:

Provided that in the case of Commission Officers, Director shall have the same meaning as Secretary to the Commission;

"employing Authority" means every District Council established under Section 5 of the Local Government (District Authorities) Act and such Urban Authority established under Section 5 of the Local Government (Urban Authorities) Act, known as Town Council, Municipal Council and City Council, and the Commission;

"Local Government Office" means any office of emolument in the local Government Service;

"Local Government Officer" means a person holding or acting in a local Government Office or a Commission Office;

"Local Government Service" means the unified service of all employing authorities established by Clause 2 of the Scheme;

"Member" means any member of the Commission including the Chairman;

"Minister" means the Minister for the time being responsible for Local Government;

"Proper Officer" when used in relation to District authority means the Regional Commissioner for the region in which the authority is established, when used in relation to urban authorities means the Minister, and when used in relation to Commission Officers means the Commission;

"Assistant Proper Officer" in relation to urban authorities means the Regional Commissioner, and in relation to District Authorities means the District Commissioner of the District in which the District Authority is established;

"Secretary" means the Secretary to the Commission appointed in accordance with regulation 8(1) of the Scheme;

"Scheme" means the local Government Service Scheme, as from time to time amended or any Scheme substituted therefor;

"Staff Regulations" means the Staff Regulations issued under the authority of the Commission, as from time to time amended;

"Trade Union" means OTTU (Organization of Tanzania Trade Unions).

(2) For the avoidance of doubt nothing in any regulation empowering an employing authority or any person to perform any function vested in the Commission shall preclude the Commission from itself performing that particular function.

PART II
PROCEDURE (regs 3-9)

3. Meetings of Commission

Every meeting of the Commission shall be presided over by the Chairman and in his absence the members present may elect one of their number to act as Chairman for that meeting.

4. Minutes

A record shall be kept of the members present and of the business transacted at every meeting of the Commission.

5. Decisions by circulation of papers

Decisions may be made by the Commission without a meeting by circulation of the relevant papers among the members and the expression of their views in writing but any member shall be entitled to require that any such decision shall be deferred until the subject matter shall be considered at a meeting of the Commission:

Provided that this procedure shall be used only where, in the opinion of the Chairman, the matter for decision is one of urgency and that all decisions reached by circulation of papers are reported to and recorded in the minutes of the next meeting of the Commission.

6. Voting

(1) All decisions of the Commission, whether arrived at a meeting or by means of the circulation of papers, shall require the concurrence of a majority of all the members thereof.

(2) Any member who dissents from a decision of the Commission shall be entitled to have his dissent and his reasons therefor set out in the records of the Commission.

7. Addressing of correspondence

All correspondence for the Commission shall be addressed to the Secretary.

8. Procedure of Boards

Where, under subregulation (1) of regulation 14 of the Service Scheme Regulation, the Commission conducts any selection, promotion or appoint a Board, the Chairman shall have power to determine the procedure to be followed by the Board, subject to any instructions that the Commission may issue from time to time.

9. Right of hearing of employing authority, etc.

(1) The Commission shall, at the request of an employing authority or association of local authorities or a trade union hear a duly authorized representative of that employing authority, association of local authorities, trade union, as the case may be, in connection with any matter that the employing authority, association of local authorities, trade union has recommended to the Commission.

(2) The Commission shall, at the request of the Minister, hear the Minister or his duly authorised representative whenever required so to do.

PART III
APPOINTMENTS (INCLUDING PROMOTIONS AND TRANSFERS), CONFIRMATION OF APPOINTMENTS AND TERMINATION OF APPOINTMENTS (OTHERWISE THAN BY DISCIPLINARY PROCEEDINGS) (regs 10-28)

10. Selection of candidates

(1) In selecting candidates for appointment, including appointments on promotion and transfer the Commission will have regard primarily to the efficiency of the Local Government Service.

(2) As between candidates who are eligible and suitable for appointment preference will be given to:

(a) a citizen in the Local Government Service;

(b) a citizen who is not in the Local Government Service;

(d) a person other than a citizen who is serving in the Local Government Service on overseas terms; and

(e) any other person.

(3) As between local government officers having the same degree of preference, qualifications and experience, proven merit and suitability for the post in question will be given greater weight than seniority.

11. Advertisement

(1) Subject to the provisions of subregulation (2) of this regulation applications for appointment to vacant posts will be invited by public advertisement in Tanzania or elsewhere in such manner as the Commission may determine.

(2) A vacant post will not be advertised–

(a) where the Commission is satisfied that the post should be filled by promotion, transfer or re-engagement of an officer serving in the Local Government Service or the continued employment of an officer on temporary terms; or

(b) where the Commission is satisfied that there is no reasonable likelihood of any application being received in response to such advertisement.

12. Terms of appointment

Where the Commission selects candidates for appointment it will, subject to the provisions of Staff Regulations, determine also the terms of appointment to be offered and the Commission shall not appoint, other than on contract for a specified number of years, any person who is not a citizen of Tanzania.

13. Vacancies dependent on examination

In cases where vacancies are to be filled according to the results of examinations held under the authority of the Commission, the procedure set out in and the proceeding of the regulations of this Part shall not apply, and the Commission shall make such arrangements as may be appropriate.

14. Probationary appointments

(1) Where an officer has been appointed on probation, the Director of the employing authority to which he is appointed shall before the expiration of the probationary period, or any extension thereof, inform the Commission whether in his opinion:

(a) the officer should be confirmed in his post; or

(b) the probationary period should be extended so as to afford the officer further opportunity to pass any examination, the passing of which is a condition of appointment, his service otherwise being satisfactory; or

(c) the probationary period should be extended to afford the officer the opportunity of improvement in any respect in which his work or conduct have been adversely reported on; or

(d) the officer's appointment should be terminated.

(2) The Director shall not recommend the extension or the termination of an appointment under subparagraph (c) or (d) of regulation (1) of this regulation unless he has first, by letter, informed the officer of his intention and of the right of the officer to make representations thereon within a period to be specified in that letter and require the officer to acknowledge receipt of that letter in writing within that period.

(3) The Director shall attach copies of all correspondence to his recommendation.

(4) Notwithstanding the provisions of subregulation (1) but subject to the provisions of subregulation (2), the Director may at any time recommend to the Commission that a probationary appointment be terminated.

15. Promotions on trial

(1) Where an officer has been promoted to a post the salary, or the minimum of the salary scale, of which is not less than LGS.6, the Director of the employing authority to which he is appointed may at any time within six months (exclusive of any period of leave) of the effective date of promotion if he is of opinion that the officer has failed satisfactorily to perform all the duties of the post to which he was promoted, advise the officer that his reduction to his former rank is under consideration and ask if he wishes to make any representations.

(2) The Director shall forward such representations, if any, with his own representations to the Commission.

(3) The Commission shall, if it is of opinion that the report of the Director should be amplified in any way, refer the matter back to the Director for further report.

(4) The Commission shall decide whether or not the officer should be reduced to his former rank but may, where it considers that the work or conduct of the officer required or warrants further trial adjourn its consideration of the matter for such period or periods as it may decide.

16. Further engagements

(1) Where an officer is serving on contract for a specific period and is willing to engage for a further tour of service, the Director of the employing authority to which that officer is appointed shall notify the Commission of the date when the contract will expire, and his recommendation whether it should be renewed or not.

(2) So far as is practicable, every notification under subregulation (1) shall be forwarded to the Commission in sufficient time to enable the Commission to make a decision prior to the date when the contract expires.

17. Temporary appointments

(1) Subject to such instructions as the Commission may issue, an employing authority may, with the approval of the Commission, employ any person for a period not exceeding twelve months to fill a vacant post in that authority.

(2) Where an employing authority considers that there are good reasons for extending such appointment beyond twelve months, details of the officer so appointed shall be forwarded to the Commission with a recommendation regarding the length of time in excess of twelve months during which the temporary appointment is required.

18. Termination of appointment of contract officers

The power to terminate, otherwise than by dismissal, in accordance with the provisions of a contract, the appointment of an officer serving under that contract is hereby vested in the employing authority, subject to such instructions as the Commission may from time to time issue.

19. Termination of appointment other than on disciplinary grounds

(1) If it appears to a Director that there is reason why an officer who has attained the age of fifty-five years and who holds a permanent office should be called upon to retire from the Local Government Service otherwise than on grounds of ill-health, the Director shall advise the officer that his compulsory retirement is under consideration and ask if he wishes to make any representations of a personal nature on such a step.

(2) The Director shall forward the representations, if any, together with his own observations to the Commission, and the Commission shall decide whether the officer should be called upon to retire.

20. Termination of appointment on grounds of ill-health

(1) Where it appears to the Director that an officer is incapable by reason of any infirmity of mind or body of discharging the functions of his office he may and shall if the officer so requests call upon that officer to present himself to a medical practitioner or a medical Board appointed in that behalf by the Commission with a view to it being ascertained whether or not that officer is incapable.

(2) After the officer has been examined, the medical practitioner or the medical Board, as the case may be, shall make a report and forward the same to the Director who shall forward the report together with any representations which the officer decides to make and his own recommendation, to the Commission, and unless the Commission considers that further inquiry is necessary in which case it will issue directions to the Director accordingly, it will decide forthwith whether the officer should be called upon to retire on the grounds of ill-health.

21. Delegations

(1) The powers vested in the Commission to make acting appointments are hereby vested in employing authorities subject to such instructions as the Commission may from time to time issue:

Provided that the acting appointments of Director and of the Heads of Departments shall be subject to the approval of the Commission and that no person shall be permitted to act in any local government office for a period longer than six months unless the approval of the Commission has first been obtained.

(2) The following powers vested in the Commission are hereby delegated to employing authorities in respect of posts the salary of which does not exceed the maximum salary of LGS.5 salary scale–

(a) the power of appointment (including appointments on promotion);

(b) the power of confirmation in his appointment of any officer appointed on probation or of the extension of the probationary period of any such officer for any period or periods not exceeding in the aggregate six months;

Provided that in the case of the appointment of an officer to, or the termination of appointment of an officer holding, a post the salary of which exceeds the basic salary of LGS.5 salary scale, the appointment or the termination of appointment as the case may be, shall be subject to confirmation by the Commission.

(3) An employing authority may, subject to such instructions as the Commission may from time to time issue, authorize its Director, either generally or in respect of any particular class or classes of officer, to exercise on its behalf all or any of the powers delegated to it under the provisions of subregulation (2) of this regulation:

Provided that all decisions made by Directors in exercise of such powers shall be subject to confirmation by the employing authority.

(4) An employing authority exercising the powers conferred by paragraph (a) of subregulation (2) of this regulation, shall follow the provisions of regulation 10 of these Regulations but shall not be required to advertise any vacant post.

22. Transfers

The Commission may transfer any Local Government Officer from one employing authority to another either temporarily or permanently and whether on promotion or otherwise.

23. Secondment of Local Government Officers

The Commission may, subject to the approval of the employing authorities concerned, arrange for the secondment of any local government officer from one employing authority to another and assess any contributions to salary payable by virtue of the secondment of such officer.

24. Joint appointment

Where, with approval of the proper officer or proper officers two or more employing authorities agree on the joint employment of any officer, other than a Government officer appointed under the provisions of regulation 28 of the Service Scheme Regulation, the contract of employment of that officer shall be with any one of the employing authorities concerned as may be agreed between them, and that employing authority shall be responsible for notifying the Commission of any vacancy under regulation 27 of the Service Scheme Regulations.

25. Cases not covered by this Part

Any case not covered by this Part of these Regulations, shall be dealt with in accordance with such instructions as the Commission may from time to time give.

26. Special procedure

Where the Commission is satisfied that the public interest requires that any matter relating to the appointment, including appointments on promotion and transfer, or confirmation in his appointment of an officer be dealt with otherwise than in accordance with the procedure laid down in this Part, it shall take such action or issue such directions with regard to that matter as appears to it to be most appropriate in the circumstances.

27. Action by Secretary

Where in subregulation (1) of regulations 14, 15, 16, 19 or 20 of this Part the officer in question is himself the Director, the action prescribed to be taken by the Director shall be taken by the Secretary at the request of the employing authority.

28. Disagreement on action to be taken

Before proceeding under regulation 14, 15, 16, 19, or 20 of this Part the Director shall consult the employing authority and, where the Director and the employing authority are not able to agree on the action to be taken, the Director shall refer the matter to the Secretary for decision.

PART IV
DISCIPLINE (regs 29-53)

A - General (regs 29-34)

29. Interdiction

(1) If in any case the Director considers that public interest requires that a local government officer should cease forthwith to exercise the powers and functions of his office, he may, and on the direction of the proper officer or of the Commission shall interdict the officer from the exercise of those powers and functions, provided that proceedings for his dismissal are being taken or about to be taken or that criminal proceedings are being instituted against him.

(2) An officer who is interdicted shall receive half his salary.

(3) Where disciplinary or criminal proceedings have been taken or instituted against an officer under interdiction and such officer is not dismissed or otherwise punished under these Regulations, the whole of any salary withheld under subregulation (2) of this regulation shall be restored to him upon the termination of such proceedings, if any punishment other than dismissal is inflicted, the officer may be refunded that proportion of the salary withheld as a result of his interdiction as the Commission shall think fit.

(4) An officer who is under interdiction may not leave his station without the permission of the proper officer.

(5) In this regulation "salary" means basic salary.

30. Suspension of officer convicted of a criminal offence

(1) Where a local government officer has been convicted of a criminal offence, the Director may, and on the directions of the proper officer or of the Commission shall, suspend him from the exercise of his office pending consideration of his case under the provisions of these Regulations.

(2) While an officer is suspended from the exercise of his office under the provisions of subregulation (1), he shall not be entitled to any salary.

(3) The Director may, if he thinks fit, direct that any suspended officer shall be granted an alimentary allowance in such amount and on such terms as the Director shall determine.

31. No disciplinary action whilst criminal proceedings pending

(1) If criminal proceedings are instituted against a local government officer in any court, no proceedings for the dismissal of that officer shall be taken until the conclusion of the criminal proceedings.

(2) Nothing in this regulation shall be construed as prohibiting or restricting the power of the Director to interdict such officer.

32. Disciplinary action after acquittal of criminal charges

A local government officer acquitted of a criminal charge in any court shall not be dismissed or otherwise punished on any charge upon which he has been acquitted, but nothing in this regulation shall prevent his being dismissed or otherwise punished on any other charges arising out of his conduct in the matter, unless the charge raises substantially the same issue as those on which he has been acquitted.

33. Retiring awards, leave passage, etc., lost by dismissal

Subject to the provisions of any law in force a local government officer who is dismissed shall forfeit all rights or claims to a pension, gratuity, bonus or provident fund and interest thereon or other retiring award, and any rights or claims he enjoys in regard to leave or passages at the employing authority's expense.

34. Office to be informed regarding decisions on charges proceedings

Where proceedings have been taken against a local government officer under this Part of the Regulations, that officer shall be informed:

(a) of the decision, but not of the reasons therefor, on each charge which has been preferred against him; and

(b) of the punishment if any, to be imposed.

B - Chief Officers and Officers in Receipt of a Salary Exceeding
the Basic Salary of LGS. 8 Salary Scale (regs 35-37)

35. Application of this Part

Head B of these Regulations shall apply to Chief Officers and local government officers in receipt of salary exceeding the basic salary of LGS. 8 salary scale.

36. Proceedings for dismissal against an officer to whom this Head applies

(1) When a Director considers it necessary or is directed by the proper officer or the Commission, to institute disciplinary proceedings against a local government officer to whom this Head of this Part of these Regulations applies on the grounds of misconduct which, if proved, would, in his opinion, justify his dismissal from the Local Government Service, he shall, after such preliminary investigations as he considers necessary report the full circumstances of the case to the Secretary.

(2) If the Secretary is of opinion that the alleged misconduct, if proved would not justify the dismissal of the officer from the Local Government Service, he shall either direct the Director to proceed with the matter under regulation 37 or give such directions as he may think fit.

(3) If the Secretary is of opinion that the alleged misconduct, if proved would justify the dismissal of the officer from the Local Government Service he shall frame the charge or charges against the accused officer and forward a statement of them to him together with a brief statement of them to him together with a brief statement of the allegations, in so far as they are not clear from the charges themselves, on which each charge is based; and shall call on the accused officer to state in writing before a day to be specified which shall allow the accused officer not less than fourteen days in which to prepare his defence, any grounds on which he relies to exculpate himself.

(4) If the officer does not furnish a reply to any charges forwarded under subregulation (3) within the period specified, or if in the opinion of the Secretary he fails to exculpate himself, the Commission shall appoint a disciplinary Board under subregulation (1) of regulation 14 of the Service Scheme Regulations, which the Chairman of the Board shall be a judge, magistrate or a public officer with legal qualifications.

(5) The Board shall inform the accused officer that on a specified day the charges made against him shall be investigated and that he shall be allowed or, if the Board so determines, shall be required to appear before it to defend himself.

(6) If witnesses are examined by the Board, the accused officer shall be given an opportunity of being present and of putting questions on his own behalf to the witnesses and no documentary evidence shall be used against him unless he has previously been supplied with a copy thereof or given access thereto.

(7) The Board shall permit the Secretary to be represented by a local government officer, an advocate or public officer with legal qualifications and the accused officer to be represented by a local government officer, an advocate or an official of a trade union of which he is a member.

(8) If during the course of the inquiry, grounds for the framing of additional charges are disclosed, the Secretary may follow the same procedure as was adopted in framing the original charges.

(9) The Board having inquired into the matter shall forward its report to the Commission together with the record of the charges framed, the evidence led, the defence and other proceedings relevant to the inquiry and the report of the Board shall include:

(a) A statement whether in the Board's opinion the charge or charges against the accused officer have been proved and a brief statement of the reasons for that opinion;

(b) details of any matters which in the Board's opinion aggravate or alleviate the gravity of the case; and

(10) The Board shall not make any recommendations regarding the form of punishment.

(11) The Commission, after consideration of the report by the Board, may if it is of the opinion that the report should be amplified in any way or that further investigation is desirable refer the matter back to the Board for further investigation and report.

(12) The Commission shall decide on the punishment, if any, which should be inflicted on the accused officer, or whether his service should be terminated in the public interest under regulation 44.

37. Proceedings involving a penalty less than dismissal

(1) Whenever a director after preliminary investigations considers it necessary, or is directed by the proper officer or the Commission, to institute disciplinary proceedings against an officer but is of the opinion that the misconduct alleged, if proved, would not be serious enough to warrant dismissal under regulation 36, and where a director is directed under subregulation (2) of regulation 36 to proceed under this regulation:

(a) he shall frame charges against the officer, after consulting the Secretary, if he considers it necessary or desirable to do so;

(b) he shall forward to the officer a statement of the charge or charges against him and shall call on the accused officer to state in writing before a day to be specified, which shall allow the accused officer not less than fourteen days in which to prepare his defence, any grounds on which he relies to exculpate himself;

(c) if the officer does not furnish a reply within the period specified or does not, in the opinion of the Director exculpate himself, the Director shall forward to the Commission copies of reports on the case, the charges, the officer's reply, if any, together with his own comments;

(d) if, on consideration of the report, including the grounds, if any, upon which the officer relies to exculpate himself, the Commission is of the opinion that no further investigation is necessary, it shall forthwith decide on the penalty, if any, other than dismissal, which should be inflicted on the officer;

(e) if the Commission, on consideration of the report submitted to it by the Director is of the opinion that the matter should be further investigated, it shall direct the Director as to the manner in which the allegations against the officer should be investigated;

(f) in any investigation under this regulation an officer to whom this regulation applies shall be entitled to know the whole case against him and shall have an adequate opportunity of making his defence;

(g) the results of such investigation shall be communicated to the Commission, in such manner as may be ordered, by the person conducting such investigation;

(h) the Commission shall, if it considers the results of the investigation should be amplified in any way or that further investigation is desirable, refer the matter back to the person conducting such investigation for further inquiry and report;

(i) the Commission shall decide on the punishment, if any, other than dismissal, which should be inflicted on the officer or whether his service should be terminated under regulation 44.

(2) Notwithstanding the provision of this regulation, if at any stage during proceedings under it prior to final submission to the Commission:

(a) it appears to the Director that the offence, if proved, would justify dismissal; or

(b) the Director considers that proceedings for the termination of the officer's service on grounds of public interest would be more appropriate, the proceedings shall be discontinued and the procedure in regulations 36 and 44, as the case may be, shall be followed.

(3) When reference is made to the Commission under subregulation (1) of this regulation it may, if it considers that proceedings should be instituted under regulation 36 give directions accordingly and thereupon the proceedings under this regulation shall be discontinued.

38. Application of this Part

Head C of these Regulations shall apply to local government officers in receipt of a salary not exceeding the maximum of LGS. 7 salary scale but exceeding the basic salary of LGS. 6 salary scale and to local government officers of Category "B" with not less than fifteen years continuous service.

39. Proceedings for dismissal against an officer to whom Head C applies

(1) When a Director after preliminary investigation considers it necessary, or is directed by the proper officer or the Commission, to institute disciplinary proceedings against an officer to whom this Head of this Part applies and is of opinion that the misconduct alleged, if proved, would justify his dismissal from the Local Government Service:

(a) he shall frame charges against the officer, after consulting the Secretary, if he considers it necessary or desirable to do so and the charges shall be communicated to the accused officer who shall have full opportunity of exculpating himself and be given not less than fourteen days in which to prepare his defence. If he does not consider that he has exculpated himself, the Director shall forward to the Commission copies of the reports on the case, the charges, and the officer's reply, if any, together with his own comments;

(b) if, on consideration of the reports and the answers, if any, by the officer to the charge, the Commission is of opinion that no further investigation is necessary, it shall forthwith decide on the punishment, if any, which should be inflicted on the officer, or whether his service should be terminated in the public interest under regulation 44;

(c) if the Commission, on consideration of the report submitted to it by the Director, is of opinion that the matter should be further investigated, it shall issue directions to the Director regarding the appointment of a local government officer or officers to hold an inquiry into the charge;

(d) the local government officer or officers so appointed shall inform the accused officer that on a specified day charges will be made against him and he will be required to appear to defend himself;

(e) if at the inquiry witnesses are examined, the accused officer shall be given an opportunity of being present and of putting questions on his own behalf to the witnesses, and no documentary evidence shall be used against him unless he has been previously supplied with a copy thereof or given access thereto;

(f) the local government officer or officers appointed to hold the inquiry shall permit the Director to be represented by a local government officer or an official of a trade union or staff association of which he is a member;

(g) if during the course of the inquiry, grounds for the framing of additional charges are disclosed, the Director may follow the same procedure as was adopted in framing the original charges;

(h) the local government officer or officers holding the inquiry shall forward the report thereon, together with the record of charges framed, evidence led, the defence and other proceedings relevant to the inquiry to the Commission.

(2) The report of the local government officer or officers holding an inquiry under subregulation (1) of this regulation shall include–

(a) a statement whether in his or their opinion the charge or charges against the accused officer have been proved and briefly the reasons for that opinion;

(b) details of any matters which in his or their opinion aggravate or alleviate the gravity of the case; and

(3) The local government officer or officer holding the inquiry shall not make any recommendation regarding the form of punishment.

(4) The Commission, after considering the report, will, if it is of opinion, that the report should be amplified or that further investigation is desirable refer the matter back for further investigation by the local government officer or officers appointed to hold the inquiry and report.

(5) The Commission shall decide on the punishment if any which should be inflicted on the accused officer, or whether his service should be terminated in the public interest under regulation 44.

40. Proceedings involving penalty less than dismissal

(1) Whenever a Director considers it necessary, or is directed by the proper officer or the Commission, to institute disciplinary proceedings against a local government officer to whom this Head of this Part of these Regulations applies but is of opinion that the misconduct alleged, if proved would not be serious enough to warrant dismissal under regulation 39:

(a) he shall cause an investigation to be made into the matter in such manner as he shall think proper;

(b) he shall frame the charges against the officer, after consulting the Secretary, if he considers it necessary or desirable to do so;

(c) the officer shall be notified in writing of the charge or charges and evidence against him, and shall be given full opportunity of exculpating himself;

(d) the Director shall forward to the report commission a report on the case together with his own comments and the reply, if any, of the officer to the case;

(e) if on consideration of the report including the grounds, if any, upon which the officer relies to exculpate himself, the Commission is of the opinion that no further investigation is necessary, it shall forthwith decide on the punishment, if any, other than dismissal, which should be inflicted on the officer;

(f) if the Commission, on consideration of the report, is of opinion that the results of the investigation should be amplified in any way or that further investigation is desirable it will refer the matter back to the Director for further inquiry and report.

(2) Notwithstanding the provisions of this regulation, if at any stage during proceedings under it taken prior to final submission to the Commission the Director is of opinion that the offence, if proved would justify dismissal or that proceedings for the termination of the officers' service on grounds of public interest would be more appropriate, such proceedings shall be discontinued and the procedure in regulation 39 or 44 followed.

(3) When a reference is made to the Commission under subregulation (1) of this regulation it may, if it considers that proceedings should be instituted under regulation 39, give directions accordingly and thereupon the proceedings under this regulation shall be discontinued.

D - Officers of Category "B" who have less than Fifteen Years' Continuous Service
and Officers of Category "C" (regs 41-43)

41. Application of Head D

Head D of these Regulations applies to local government officers of Category "B" who have less than fifteen years continuous service and to local government officers of Category "C".

42. Delegation

(1) The powers of discipline vested in the Commission in respect of local government officers to whom this Head of this Part applies are hereby delegated, to the extent specified in regulation 43 and subject to the instructions the Commission may from time to time issue, to employing authorities.

(2) An employing authority may, subject to the instructions as the Commission may from time to time issue, authorize its Director either generally or in respect of any particular class or classes of officer, to exercise on its behalf all or any of the powers delegated to it under the provisions of subregulation (1) of this regulation.

43. Proceedings for dismissal or other punishment against an officer to whom Head D applies

(1) A Local Government Officer of Category "B" to whom this Head of this Part applies may be dismissed or otherwise punished by his employing authority only in accordance with the following provisions:

(a) the employing authority shall cause an investigation to be made in such manner as it shall think proper;

(b) the officer shall be notified in writing of the charge or charges and the evidence against him and shall be given full opportunity of exculpating himself;

(c) (i) if the officer is serving on permanent terms, the employing authority may inflict any of the punishments referred to in subparagraphs (d) to (i) (inclusive) of subregulation (1) of regulation 47 or report on the case to the Commission; or

(ii) if the officer is serving on temporary terms, the employing authority may inflict any punishment referred to in subregulation (1) of regulation 47;

(d) after considering any report forwarded under subparagraph (c)(i), the Commission may refer the matter back for further investigation or may forthwith decide on the punishment, if any, which should be inflicted on the officer or determine whether his service should be terminated in the public interest.

(2) In the case of Local Government Officers of Category "C" the employing authority may take disciplinary action and impose any punishment referred to in subregulation (1) of regulation 47.

E - Termination of Service on Grounds of Public Interest (reg 44)

44. Termination of service on grounds of public interest

(1) If the Director, having considered every report in his possession made with regard to a local government officer to whom Head B or C of this Part applies, is of the opinion that it is desirable in the public interest that the service of such officer should be terminated on grounds which cannot suitably be dealt with by the procedure laid down in any other provisions of these Regulations, he shall notify in writing the officer specifying the complaints by reason of which the termination of his service is contemplated together with the substance of any report or part thereof that is detrimental to the officer.

(2) If, after giving the officer an opportunity of showing cause why his service should not be terminated under this regulation he shall forward to the Commission the reports and the officer's reply together with his recommendation and where the officer is one to whom Head D of this Part applies, the employing authority, if satisfied, may terminate the service of the officer under this regulation.

F - Officers Convicted of Criminal Offences (reg 45)

45. Proceedings against officer convicted of criminal offence

(1) If an officer is adjudged guilty in any part of a criminal offence which, in the opinion of the Director, warrants disciplinary proceedings, the Director shall, in the case of an officer to whom Head B or C of this Part applies, forward a copy of the charge and of the judgement and any judgement or order made on appeal or revision to the Commission for consideration, and the officer may be dismissed or subjected to some lesser disciplinary punishment, on account of the conviction of the offence of which he has been adjudged guilty.

(2) When the officer is one to whom Head D of this Part applies, the employing authority, after considering such judgement or order, may itself dismiss the officer or subject him to some lesser disciplinary punishment.

G - General (regs 46-53)

46. Power of employing authority and Commission to initiate action

(1) Before proceeding under this Part of these Regulations with regard to a local government officer to whom Head B or C of this Part applies, the Director shall consult the employing authority.

(2) Where the Director fails in any case to take action under this Part, the employing authority may require him to do so.

(3) Where the Director and the employing authority are not able to agree on the action to be taken, the Director shall refer the matter to the Secretary for decision.

(4) Nothing in these Regulations shall prevent the Commission from initiating action for proceedings under this Part of these Regulations against any officer and in any such case the appropriate procedure prescribed by this Part shall be followed with such modification as may be necessary.

47. Punishment

(1) Any one or more of the following punishments may be inflicted upon an officer as a result of proceedings under this Part of these Regulations:

(a) dismissal;

(b) reduction in rank or seniority;

(d) stoppage of increment;

(e) withholding of increment;

(f) deferment of increment;

(g) fine of an amount not exceeding one-quarter of a month's salary;

(h) reprimand; and

(i) the recovery of the cost or part of the cost of any loss or breakage caused by default or negligence.

(2) Nothing in this Regulation shall limit the powers conferred by this Part of these regulations to terminate the service of an officer on the grounds of public interest.

48. Powers of Director

Notwithstanding any other provisions in this Part of these Regulations, a Director may, after consultation with the employing authority and without reference to the Commission:

(a) stop, withhold or defer an officer's normal increment for a period not exceeding one year on grounds of unsatisfactory service:

Provided that if the stoppage or deferment is recommended to be continued beyond one year the matter shall, except in the case of an officer to whom Head D of this Part applies, be referred to the Commission for decision;

(b) after investigation and after giving the officer an opportunity for making his defence, which shall be recorded inflict on a local government officer a reprimand;

(c) in accordance with the procedure laid down in instructions, if any issued by the Minister responsible for local government, order the recovery of the cost or part of the cost of any loss or breakage, caused by any default or negligence.

49. Appeals

Wherever a Director or employing authority exercises any power of reduction in rank, other than a reduction from a rank to which a person has been appointed on trial, or reduction in present salary, removal or dismissal, in relation to a local government officer, that local government officer may appeal against the decision of that Director of employing authority to the Commission, and the Commission may confirm, vary or rescind the decision of such Director or employing authority.

50. Where the Director is the accused officer

Where the officer against whom it is proposed that disciplinary action should be taken is himself the Director, the action prescribed in this Part to be taken by the Director shall be taken by the Secretary at the request of the employing authority.

51. Information on charge

Where a charge or charges are made against a local government officer under regulation 36, 37, 39, 40 or 43 of this Part, a copy of the charge or charges made shall be sent by the Director or the Secretary, as the case may be, to the proper officer for information.

52. Assessment of continuous service

For the purpose of assessing the number of years' continuous service of a local government officer of Category "B" in order to determine whether he should be dealt with under Head C or Head D of this Part, there shall be added to the total period of his continuous service with his present employing authority any previous periods of continuous service either in the public service or with any other employing authority, whether prior to the establishment of the Local Government Service or otherwise, provided that the break between the periods of continuous service does not exceed twenty-eight days in each case.

53. Cases not covered by this Part

Any case not covered by this Part of these Regulations shall be dealt with in accordance with such instructions as the Commission may from time to time give.

PART V
GENERAL PROVISIONS (regs 54-61)

54. Provident Fund

The Commission shall require any employing authority to participate in the Local Authorities Provident Fund established under section 16 of the Local Government Service Act * and the employing authority shall be liable to make such contributions to, and the officers and persons employed by that authority shall be entitled to such benefits under the Scheme as may be prescribed by Regulations made from time to time under the provisions of the said Act:

Provided that the regulations made by an employing authority under the provisions of section 16 of the Local Government Service Act * shall be as prescribed by the Commission.

55. Persons may be required to contribute

The Commission may require any local government officer or any class of local government officers to make contributions to a Local Authorities Provident Fund Scheme established under regulation 54.

56. Gratuities

The Commission may require any employing authority to grant gratuities and allowances to officers and person who have been employed by the authority and who are not qualified for benefit under the provisions of a scheme established under section 16 of the Local Government Service Act * to the legal personal representatives, estates or dependant of the officers and persons, in such manner as the Commission may prescribe.

57. Assessment of retiring benefits

(1) Where under any law in force any employing authority has a discretion:

(a) to decide whether or not retiring benefits shall be granted; or

(b) to withhold, reduce in amount or suspend any such benefits that would have been granted,

those benefits shall be granted and may not be withheld, reduced in amount or suspended unless the Commission concurs in the refusal to grant the benefits or, as the case may be, in the decision to withhold them, reduce or suspend them.

(2) When the amount of any retiring benefits that may be granted to any person is not fixed by law, the amount of the benefits to be granted to him shall be the greatest amount for which he is eligible unless the Commission concurs in his being granted benefits of a smaller amount.

(3) This regulation applies to any benefits payable under any law providing for the grant of pensions, compensation, gratuities, bonus or provident fund and interest thereon or other like allowances to persons in respect of their service as local government officers or to the widows, children, dependants or personal representatives of such persons in respect of such service.

58. Security

An employing authority may, in the case of any officer or person in its employment, other than a Government Officer appointed under the provisions of Regulation 28 of the Service Scheme Regulations, whether employed jointly with another employing authority or not, either require him to give, or itself take, such security for the faithful execution of his office and for his duly accounting for all money or property which may be entrusted to him, as the authority think sufficient.

59. Records

Every employing authority shall keep records in respect of its officers and employees in such manner as the Commission shall prescribe and information contained in such records shall be available only to a meeting of that authority or at any Committee appointed to deal with matters arising under the Scheme or to its proper officer or his duly authorized representative or to the Commission.

60. Records of an officer transferred

Where a local government officer is transferred from one employing authority to another the employing authority in whose service the local government officer was engaged shall forthwith send to the other employing authority the records relating to that officer.

61. Returns, reports etc.

Every employing authority shall furnish the Commission with such returns, reports or other information as the Commission may from time to time require.

THE LOCAL GOVERNMENT (OFFICERS CODE OF CONDUCT) REGULATIONS

(Section 15 of Act No. 10 of 1982)

G.N. No. 435 of 1990

PART I
PRELIMINARY PROVISIONS (regs 1-2)

1. Citation

These Regulations may be cited as the Local Government (Officers Code of Conduct) Regulations, and shall be read as one with the Local Government Service Commission Regulations. *

2. Interpretation

In these Regulations, unless the context otherwise requires–

"Act" means the Local Government Service Act *;

"Commission" means the Local Government Service Commission established under section 4 of the Act;

"employer" means–

(a) the Commission;

(b) a Local Government Authority;

"local government officer" means a person holding or acting in a local government Office;

"local government service" means the unified service of all employing authorities otherwise known as the local government service established under section 7 of the Act.

PART II
DUTIES OF OFFICERS TO COLLEAGUES, COMMUNITY, EMPLOYER, SERVICE
AND THE STATE (regs 3-6)

3. Duties of local government officers

(1) Every local government officer shall–

(a) devote the whole of his time towards his colleagues and shall act in his full, physical mental and moral capacity to perform his work as an individual and a member of the community; and

(b) dedicate and devote to the concepts of an efficient, effective and a democratic local government by responsible elected councillors and believe that the dedication is necessary to the achievement of this objective.

(2) A local government officer shall–

(a) fully understand the community in which he works and shall educate them about their duty, responsibility and the importance of being their authorities and by his own conduct shall set to them an example in respect of the mentioned matters;

(b) affirm the dignity and worthiness of the service rendered by the local authority and maintain a constructive, creative and practical attitude towards local government affairs and a deep sense of social responsibility as a trusted local government servant;

(c) recognise that the main function of local government at all times is to serve the best interests of all the people in their livelihood at a local level; and

(d) keep the community informed on local government affairs, encourage smooth communication between the citizens and all local government officers; emphasize mutual and courteous service to the public and set out to improve the quality and image of local government service.

4. Functions of local government officers

(1) A local government officer shall realise that local government service is more a vocational career than a mere gainful employment and shall undertake to conduct himself accordingly and do the following:

(a) set the highest standard of service of conduct;

(b) work conscientiously with diligence and regularity;

(d) try perpetually to improve the rate of performance of his service.

(2) A local government officer shall also be dedicated to the highest ideals of honour and integrity in all public and personal relationships in order that the officer may merit the respect and confidence of the elected councillors, other officials, employers and the community.

(3) A local government officer shall resist any encroachment on professional responsibilities, believing the officer to be free to carry out council's policies without discrimination on the basis of principle, fairness and justice.

5. Integrity of local government officers in personal dealings

A local government officer shall:

(a) agree to serve his employer faithfully and in accordance with the terms of his employment;

(b) submit policy proposals to the elected councillors, provide them with facts and advise them on matters of policy as a basis for making decisions and setting community goals, uphold and implement local authority policies adopted by the elected councillors;

(c) further recognise that elected representatives of the people are entitled to the credit for the establishment and responsibility for policy execution entrusted with the officers.

6. Integrity of local government officers in dealing with the public

(1) A local government officer shall–

(a) conduct all matters of personnel on the basis of merit so that fairness and impartiality govern the officers decision pertaining to appointments, salaries, promotions, transfers, discipline, performance and training;

(b) not seek favour and shall believe that personal aggrandisement or profit secured by confidential information or by misuse of public time is dishonesty;

(c) fully understand and be in a position to fulfil his obligation to the state, and he shall abide to this code as a code of conduct to the service, and shall adhere to its provisions;

(d) abide and adhere to the provisions of his own code of professional conduct prepared by a appropriate authority and approved by the Commission and failure to adhere to the provisions of the code of professional conduct shall be regarded as a failure to comply with the local government officers code of conduct as stipulated in these Regulations.

THE LOCAL AUTHORITIES PROVIDENT FUND (DEPOSITS AND WITHDRAWALS) REGULATIONS

(Section 16 of Act No. 10 of 1982)

G.N. No. 97 of 1990

1. Citation

These Regulations may be cited as the Local Authorities Provident Fund (Deposits and Withdrawals) Regulations, and shall be deemed to have been made in compliance with the provisions of regulation 19(1) of the Local Authorities Provident Fund (Central Board of Management and General Provisions) Regulations.

2. Interpretation

In these Regulations, unless the context otherwise requires–

"Act" means the Local Government Service Act *;

"Board" means the Local Authorities Provident Fund Control Board of Management;

"bonus" means a sum credited to an individual depositors' account and not contributed by the depositor or accrued by way of interest;

"contributing authority" means a Local Government Authority, the Local Government Service Commission and the Local Government Loans Board which elects to contribute to the Fund;

"depositor" means a person in receipt of a salary or wages from the funds of a contributing Authority who is required or permitted to become a depositor in the Fund;

"Minister" means the Minister responsible for Local Government.

3. Depositors

(1) Every depositor shall contribute ten percent of his monthly salary to the Fund which shall be deducted from the employees salary by the contributing Authority.

(2) The contributing authorities shall remit to the Board within thirty days after the end of each calendar month a sum equivalent to the total deposits which ought to be contributed by its employee in respect of that month together with a statement showing details of all individual deposits and the basis upon which they were calculated.

4. Bonus

(1) Within thirty days after the end of every month each contributing authority shall forward to the Board a sum to be known as bonus which shall be equal to the total amount paid in as deposits by each of its depositors during the previous month and a sum equal to the amounts so paid shall be forthwith placed by the Board to the credit of the individual depositors.

(2) In the case of any account being closed in any month, bonus calculated on the same basis up to the end of the month previous to that shall be paid.

(3) The Board may by a resolution vary the amount of bonus payable by contributing authorities.

5. Rate of interest

(1) There shall be payable in respect of each depositor accumulated contributions and bonus an interest of five percent each year provided that the Board may by a resolution vary the interest rate payable.

(2) Interest shall be credited to each depositors' account at 30th June in each year on balance brought forward at the beginning of each year.

(3) For the purposes of calculating interest both deposits and bonuses shall be deemed to have been credited to a depositors' account on the last day of the month in respect of which they are paid.

6. Opening of accounts

(1) The Board shall on receipt of contributions cause to be kept a list of all depositors and shall open and maintain a separate account for each depositor which shall contain the following information and as more particularly shown in the First Schedule to these regulations–

(a) full names of depositor;

(b) membership account number;

(d) salary check number;

(e) monthly salary; and

(f) date which contributor started contributing to the fund.

(2) Within three months after the end of every financial year each contributing authority shall be informed of the amount standing to the credit of its employees in the Fund, and the contributing authority shall within one month notify its employees accordingly.

(3) Any depositor shall on application being made by him be entitled to be informed of the amount standing to his credit in the Fund at the end of the month preceding that in which the application is made.

(4) The Board shall be notified of any transfer of contributor from the contributing authority to another.

7. Withdrawal and repayment of deposits

(1) In this section the words retirement, termination dismissal and misconduct shall have the meaning attached to them in the Local Government Service Staff Regulations.

(2) The total amount standing to the credit of the depositor shall be paid to him or his heirs–

(a) on his retirement on reaching the prescribed retirement age;

(b) on his termination of service after not less than fifteen years of Local Government Service;

(c) on termination of appointment on medical grounds, abolition of office or for any other cause other than dismissal for misconduct;

(d) on his deaths:

Provided that the total amount standing to the credit of a female contributor shall be paid to her on termination of appointment for reason that she has married or is about to marry, notwithstanding that she is not eligible for payment under this section.

(3) Any death, retirement or termination of appointment shall be notified by the contributing authority to the Board within fifteen days and the notification shall be in the form contained in the Second Schedule.

8. Termination on dismissal for misconduct

(1) On dismissal for misconduct or resignation without the permission of the Authority before the completion of fifteen years of service a depositor shall be paid an amount equal to the total deposits made by him together with interest accrued thereon.

(2) The contributing authority may on the dismissal or resignation recommend to the Board whether the whole or part of the amount credited to this account as bonus including interest shall be paid or withheld and the Board shall at its discretion pay or withhold that bonus and interest.

(3) Any such dismissal or resignation and action taken thereon by the contributing authority shall be notified to the Board within one month.

9. Borrowing

Subject to such written direction and conditions as may be issued by the Board a depositor who has been a contributor to the fund may be allowed to borrow from the Fund an amount not exceeding fifty percent of his own contributions.

10. Penalty

(1) Where a contributing authority fails to remit depositors contributions and bonus within thirty days from the date they become due, the contributing authority will become liable to the payment of a penalty being five percent of the contributions which have been delayed.

(2) In addition of a penalty, the Board may in cases where the contributing authority is in default report such an authority to the Minister who may direct the contributing authority to fulfil their obligations to the fund.

11. Amount outstanding

(1) Where the amount outstanding to the credit of a depositor at the date of the closing of his account by reason of his death, resignation or dismissal, or for any other cause remain unclaimed for a period of three years from that date, the whole amount will be placed to the credit of the Fund.

(2) Notwithstanding the provisions of subregulation (1), the Minister may for good cause, on application by a depositor or his heir, order that a depositor be paid from the Fund an amount equal to that standing to his credit on closure of his account under that subregulation plus interest.

12. Repeals

[Repeals the Provident Fund (Local Government) Regulations * and all other regulations made under the former Local Government Employees Provident Fund Ordinance which are inconsistent with the provisions of these regulations.]

FIRST SCHEDULE

Name of Depos-
itor

Che-
que Num
ber

LAPF Num-
ber

Name of Depos-
itor

Title of Post

Mon-
thly Sala-
ry

Depos-
its
B/F

Bon-
us B/F

Monthly contributions

July

Aug

Sep

Oct

Nov

Dec

Inte-
rest

Jan

Feb

March

April

May

June

Total

SECOND SCHEDULE

Name of Depositor	Title	Date of entry	Check number	LAPF number	Last Month of Contribu- tions	Places worked	Last month of contribu- tion	Reasons for closure of A/C	Loan outstanding	Remarks

THE FIRE AND RESCUE FORCE REGULATIONS

ARRANGEMENT OF REGULATIONS

Regulation

Title

PART I
PRELIMINARY PROVISIONS

1. Citation.

2. Interpretation.

PART II
CONSTITUTION AND ABOLITION OF OFFICES

3. Establishment of the Committee.

4. Meetings of the Committee.

5. Quorum and voting at meetings.

6. Minutes of meetings.

7. Establishment of boards.

8. Vice-Chairman.

9. The Committee to assume responsibilities relating to Fire and Rescue Force.

10. Delegation of powers to constitute and abolish offices.

11. Application for constitution of office.

12. Application for abolition of office.

PART III
APPOINTMENTS, PROMOTIONS, TRANSFERS, CONFIRMATION OF APPOINTMENTS AND TERMINATION OF APPOINTMENTS

13. Delegation of powers to the Committee.

14. Selection of candidates.

15. Notification of vacancies in offices above the office of the Assistant Commissioner.

16. Occurrence of vacancy.

17. Vacancies by examinations.

18. Terms of appointment.

19. Probationary appointments.

20. Promotion on trial.

21. Further engagement on contract.

22. Termination of appointments of non-pensionable officers.

23. Termination of appointment other than on disciplinary grounds.

24. Termination of appointment on medical grounds.

25. Delegation of powers to the Commissioner of Fire and Rescue Services Force.

26. Enlistment and re-engagement.

27. Previous service elsewhere may account for gratuity.

28. Discharge.

29. Officer not to resign without permission.

30. Declaration on joining the Force.

31. Other interests prohibited.

32. Prolongation of service in case of war, etc.

33. Cases not covered under this Act.

34. Special procedure.

PART IV
CONSTITUTION, ADMINISTRATION AND DUTIES OF THE FORCE

35. Constitution of the Force.

36. Distribution of the Force.

37. Distribution of posts.

PART V
SCHEME OF SERVICE FOR FIRE AND RESCUE FORCE

38. Method of entry and advancement.

PART VI
DISCIPLINE

39. Disciplinary authorities.

40. Chief Secretary to office of the President may exercise powers of disciplinary authority.

41. Interdiction.

42. Loss of privileges.

43. Types of proceedings.

44. Cases where formal proceedings applicable.

45. Cases where summary proceedings applicable.

46. Commencement of formal proceedings.

47. Inquiry into disciplinary charge.

48. Certain persons not to be appointed inquiry officers.

49. Procedure on inquiry in formal proceedings.

50. Procedure on the conclusion of inquiry.

51. Procedure in summary proceedings.

52. Rules where disciplinary offence amounts to criminal offence.

53. Effect of suspension.

54. Where two or more disciplinary authorities have concurrent jurisdiction.

55. Punishment to officers.

56. Loss occasioned by officer may be recovered from him independently of these Regulations.

57. Withholding of increments for unsatisfactory service.

58. Suspension of increment.

59. Reprimands and warning.

60. Absent without leave.

61. Appeals by officer to Commissioner.

62. Time of appeal.

63. Procedures.

64. Accused entitled to a copy of findings.

65. Junior Fire Officers.

66. Offences against discipline.

67. Procedure at inquiry into disciplinary offence.

68. Punishments generally.

69. Appeals by Inspector to Permanent Secretary.

70. Criminal offences in respect of disciplinary matters.

71. Dismissal and reduction in rank of Fire Officer on conviction.

72. Fines to be recovered by stoppage of pay.

73. Interdiction and suspension.

SCHEDULES

THE FIRE AND RESCUE FORCE REGULATIONS

(Made under Act No. 3 of 1985)

G.N. No. 329 of 1992

PART I
PRELIMINARY PROVISIONS (regs 1-2)

1. Citation

These Regulations may be cited as the Fire and Rescue Force Regulations.

2. Interpretation

In these Regulations, unless the context otherwise requires–

"Act" means the Fire and Rescue Services Act *;

"appointment" includes appointment into office, promotion and transfer;

"Brigade" has the meaning ascribed to it in the Act;

"Committee" means the Special Committee established under regulation 3 of these Regulations;

"Fire Officer" means a member of the Force but does not include a recruit;

"Force" means the Fire and Rescue Services Force;

"Gazetted Officer" means a Fire Officer of or above the rank of Assistant Superintendent;

"Inspector" includes an Assistant Inspector;

"intoxicating liquor" has the meaning assigned to it in the Intoxicating Liquor Act *;

"Junior Fire Officer" means a Fire Officer of or below the rank of Inspector of Fire;

"Minister" means the Minister responsible for Fire and Rescue Services;

"Non-Commissioned Officer" means a Fire Officer of the rank of Sergeant Major, Sergeant or Corporal;

"officer-in-charge" means a Fire Officer appointed by the Commissioner to be in charge of a Fire Station;

"pensionable officer" means a member of the Force whose service is pensionable under the Parastatal Organisations Pensions Scheme Act * or any Act amending or replacing the same for the time being in force;

"Permanent Secretary" in relation to the President's Office means the Chief Secretary and in relation to the Ministry means the Permanent Secretary in the Ministry of Home Affairs;

"public officer" means a person holding an office in the Public Service or a Parastatal Organisation;

"recruit" means a person undergoing training for a post in the Force who is a member of the Force but not a Fire Officer;

"Regional Fire Officer" means a Senior Fire Officer appointed by the Committee to be in charge of the region;

"Senior Fire Officer" means a Fire Officer of or above the rank of Assistant Superintendent;

"Superintendent" includes a Senior Superintendent.

PART II
CONSTITUTION AND ABOLITION OF OFFICES (regs 3-12)

3. Establishment

(1) There is hereby established a of the Committee known as a Special Committee of Committee Fire and Rescue Services.

(2) The Committee shall consist of the following members–

(a) the Chairman – Minister for Home Affairs;

(b) Permanent Secretary – Member/Vice-Chairman;

(d) Assistant Commissioner of Zanzibar – Member;

(e) State Attorney – Member;

(f) Senior Assistant Commissioner (Administration and Finance) – Secretary.

4. Meetings of the Committee

(1) The Committee shall meet at such times as may be necessary or expedient for the transaction of its business and all meetings of the Committee shall be convened by the Chairman who shall appoint a suitable time, place and date for the holding of each meeting.

(2) The Chairman shall preside at the meetings of the Committee.

5. Quorum and voting at meetings

(1) The quorum at any meeting of the Committee shall be the Chairman and five other members.

(2) All acts, matters and things authorised to be done by the Committee shall be decided by resolution at a meeting of the Committee at which a quorum is present.

(3) A decision of the majority of members present and voting at a meeting of the Committee shall be deemed to be a decision of the Committee.

(4) Every member of the Committee shall have one vote and in the event of an equality of votes, the Chairman shall have a second or casting vote in addition to his deliberative vote.

(5) Notwithstanding the provisions of paragraph (2), where the Chairman so directs, a decision may be made by the Committee without a meeting by circulation of the relevant papers among all the members and the expression in writing of their views shall be the decision of the Committee, but any member shall be entitled to require that any such decision shall be deferred until the subject matter shall be considered at a meeting of the Committee.

6. Minutes of meetings

(1) A record shall be kept of the members present and of the business transacted at every meeting of the Committee.

(2) Any member who dissents from a decision of the Committee whether made at a meeting or on circulation of papers shall be entitled to have his dissent and his reasons therefor set out in the records of the Committee.

7. Establishment of boards

(1) The Minister shall have powers to constitute boards to assist the Committee in the carrying out of its functions and may appoint to such boards, members of the Committee or persons who are not members of the Committee or both members and persons who are not members of the Committee.

(2) The Minister shall have power to determine the procedure to be followed by any board constituted under this Regulation.

(3) Where by the Fire and Rescue Force Regulations, any power to make any appointment is conferred on any public officer, it shall be lawful for the Minister, by writing under his hand, to direct that such power shall be exercised by such public officer in consultation with a board established under this Regulation.

8. Vice-Chairman

In the absence of the Chairman, the Vice-Chairman may exercise all or any of the functions of the Chairman under these Regulations.

9. The Committee to assume responsibilities relating to Fire and Rescue

(1) With effect from the date on which these Regulation comes into force the Committee shall–

(a) assume all the functions conferred upon the Fire and Rescue Force Regulations; and

(b) assume all the functions relating to the Fire Service which are conferred upon the Public Service by the Public Service Regulations,

and the powers of the President relating to appointments of Fire Officers, confirmation of appointments of Fire Officers and termination of appointments of Fire Officers and termination of appointments of Fire Officers which are by the said regulations delegated to the Public Service are hereby delegated to the Committee and the delegation to the Public Service of the said powers is hereby revoked.

(2) With effect from the date on which these Regulations comes into force–

(a) reference in the Fire and Rescue Force Regulations, to the fire shall be construed as references to the Committee;

(b) reference in the Public Service Regulations, shall be construed as references to the Committee.

(3) The Committee shall be the disciplinary authority in relation to Senior Fire Officers and the provisions of the Public Service Regulations, shall apply as if references therein to the Public Service Commission were references to the Committee.

(4) Notwithstanding the foregoing provisions of these Regulations where any disciplinary proceedings against a Senior Fire Officer or any appeal arising out of any disciplinary proceedings against a fire officer is pending before the Public Service Commission, that Commission may continue to hear and determine such proceedings or appeal as if these Regulations had not been enacted.

(5) For the avoidance of doubt it is hereby declared that the provisions of the Police Service Regulations, and the Public Service (Prisons Service) Regulations shall, subject to the modifications and amendments effected by these Regulations, continue to have effect *.

10. Delegation of powers to constitute and abolish offices

The powers vested in the President of constituting and abolishing officers in the Brigade are hereby delegated to the Chief Secretary, President's Office on the recommendation of the Committee.

11. Application for constitution of office

An application for the constitution of an office in the Fire and Rescue Service Force shall be made by the Permanent Secretary on approval by the Committee and every such application shall state–

(a) the title of the proposed office;

(b) the salary or salary scale to be attached to the proposed office;

(d) the reason why the constitution of the proposed office is considered desirable;

(e) the qualifications which will be required of a holder of the proposed office and the duties which such holder will be required to perform;

(f) whether or not funds are available; and

(g) such other matters as the Permanent Secretary (Establishment) may direct.

12. Application for abolition of office

An application for the abolition of an office in the Fire and Rescue Services Force shall be made by the Permanent Secretary approval by the Minister and every such application shall state–

(a) the reasons why it is considered desirable that the office should be abolished; and

(b) such other matters as the Chief Secretary (President's Office) may require.

PART III
APPOINTMENTS, PROMOTIONS, TRANSFERS, CONFIRMATION OF APPOINTMENTS AND TERMINATION OF APPOINTMENTS (regs 13-34)

13. Delegation of powers to the Committee

(1) The following powers vested in the President, are hereby delegated to the Committee in respect of offices up to the rank of Assistant Commissioner–

(a) the power of appointment;

(b) the power of confirmation in all appointment of any Fire Officer appointed on probation or the extension of the probationary period of any such officer; and

(2) The Committee may, subject to any instructions which it may, from time to time issue, depute the Permanent Secretary to exercise on its behalf all or any of the powers delegated to the Committee by subregulation (1) of this Regulation in respect of any Fire Officer appointed or to be appointed, on temporary terms.

14. Selection of candidates

(1) In selecting candidates for appointment the Committee shall have regard primarily to the efficiency of Force.

(2) Subject to the provisions of regulation 15 as between candidates who are eligible and suitable for appointment, preference shall be given–

(a) firstly, to a serving Fire Officer who is a citizen of the United Republic and substantially well qualified for all professional purposes; and

(b) secondly, to a public officer who is a citizen of the United Republic, who is not a Fire Officer if he is both suitable and substantially qualified.

(3) As between officers having the same degree of preference, greater weight shall be given to qualifications, experience, proved merit and suitability for the post in question than to seniority.

15. Notification of vacancies in offices above the office of the Assistant Commissioner

(1) Where a vacancy occurs or it is known that a vacancy will occur in an office above the rank of Assistant Commissioner, the Permanent Secretary shall notify the Minister and the Chief Secretary in the President's Office and shall state in his opinion that the vacancy should be filled by the promotion or transfer of a service Fire Officer.

(2) Where the Permanent Secretary recommends the promotion or transfer of a serving Fire Officer to fill the vacancy, he shall furnish the Chief Secretary to the President's Office with the record of serving in Tanzania of the officer recommended together with the names of any Fire Officers who would be superseded and his reasons for recommending such supersession.

(3) Where the Permanent Secretary is unable to recommend the promotion or transfer of a serving Fire Officer to fill the vacancy, he shall report to the Chief Secretary to the President's Office and the names of officers holding the rank from which promotion would normally be made together with reasons for not recommending those officers for promotion.

(4) Where the Permanent Secretary is of the opinion that no suitable candidate is likely to be found by advertisement in Tanzania, he shall notify the Chief Secretary to the President's Office of the arrangements which exist or are in prospect for the training of a candidate to fill the vacancy.

16. Occurrence of vacancy

(1) Where a vacancy occurs or it is known that a vacancy will occur in any office other than an office above the rank of Assistant Commissioner, the Permanent Secretary shall notify the Committee and the Chief Secretary to the President's Office.

(2) Where notification of a vacancy is given under this regulation, the Permanent Secretary shall make to the Committee and the Chief Secretary to the President's Office the recommendations and supply to the Committee and the Chief Secretary to the President's Office the information provided for in subregulations (1) and (2) of regulation 15.

17. Vacancies by examinations

Where vacancies are to be filled according to results of examination held under the authority of the Committee, the procedure set out in the preceding regulation of this Part shall not apply and the Committee shall make such arrangements as may be appropriate.

18. Terms of appointment

(1) The term of appointment to be offered to any person, other than a serving Fire Officer, on his appointment to an office in the Fire and Rescue Service brigade shall be determined by the Committee.

(2) No person who has been convicted of a criminal offence or who has been dismissed from service from any of the armed forces or civil service in the United Republic of Tanzania or any other country shall be appointed to any post in the Fire and Rescue Services Force without the prior sanction of the President.

(3) Where a person has been appointed in contravention of subregulation (2) it shall be lawful for the Permanent Secretary or the Chief Secretary to the President's Office subject to such directions as the President may give in that behalf, to dismiss such person at any time, and every such dismissal shall have the same effect as dismissal following disciplinary proceedings.

(4) No person shall be enlisted, appointed, promoted or transferred to any post in the Fire and Rescue Services Force unless he holds such qualifications and qualities as may from time to time be specified as necessary for enlistment, appointment to the post in any approved scheme of service.

19. Probationary appointments

(1) Where any person is first appointed to an office in the Fire and Rescue Services Force (otherwise than on promotion to such office) on pensionable terms he shall serve a probationary period of two years.

(2) Not later than three months before the expiration of any probationary period the Committee shall consider whether–

(a) the officer should be confirmed in his office; or

(b) the probationary period should be extended so as to offer further opportunity to pass any examination, the passing of which is a condition of the appointment, his service otherwise being satisfactory; or

(c) the probationary period should be extended to afford the officer the opportunity of improving in any respect in which his work or conduct have been adversely reported on; or

(d) the officer's appointment should be terminated.

(3) Where the Committee is of the opinion that the probation period should be extended under paragraph (c), or his appointment terminated under paragraph (d), of subregulation (2) it shall, before extending such period or terminating such appointment, by letter inform the officer of its intention to extend such period or terminate such appointment and of the right of the officer to make representations thereon within a period to be specified in the letter and require the officer to acknowledge receipt of the letter, in writing within that period.

(4) Notwithstanding the provisions of subregulation (2) but subject to the provisions of subregulation (3), the Committee may terminate a probationary appointment at any time.

(5) The Committee may reduce a probationary period if the officer concerned has fulfilled all the requirements necessary to be fulfilled before he is confirmed in his appointment and either–

(a) he has previously served in that office, or in a similar office on non-pensionable terms; or

(b) the reduction of the probationary period is necessary for administrative reasons:

Provided that no probationary period shall be reduced under this regulation by a period exceeding the period which the officer concerned has served in such office or similar office on pensionable terms or a period of one year, whichever shall be the less.

20. Promotion on trial

(1) Where an officer has been appointed to the rank of Assistant Inspector or any rank senior to that of an Assistant Inspector, the Permanent Secretary may at any time within six months (exclusive of any period of leave) of the effective date of the promotion, if he is of the opinion that the officer has failed satisfactorily to perform all the duties of the post to which he was promoted, advise the officer that his reduction to his former rank is under consideration and ask if he wishes to make any representation and the Permanent Secretary shall forward such representations, if any, together with his observations, to the Committee.

(2) The Committee may, if it is of the opinion that the report of the Permanent Secretary should be amplified in any way, refer the matter back to the Permanent Secretary for further report.

(3) The Committee shall decide whether or not the officer should be reduced to his former rank, but may, where the Committee considers that the work or the conduct of the officer requires or warrants further trial, adjourn its consideration of the matter for such period as it may decide.

(4) In this regulation reference to the Committee shall, in case of an officer who has been promoted to a rank above that of Assistant Commissioner, be construed as references to the President.

21. Further engagement on contract

Where an officer is serving on and is willing to engage for a further tour of services, the Permanent Secretary shall notify the Committee of the date which such contract shall expire, and his recommendation whether it should be renewed or not. So far as it is practicable, every such notification shall be forwarded to the Committee in sufficient time to enable the Committee to make a decision prior to the date when the contract expires.

22. Termination of appointments non-pensionable officers

(1) The power to terminate (otherwise than by dismissal), in accordance with the provisions of a contract, the appointment of an of officer serving under that contract, is hereby vested in the Permanent Secretary subject to such instructions as the Committee may from time to time issue and, subject to instructions, no reference with regard to the exercise thereof shall be required to be made to the Committee.

(2) The Permanent Secretary may authorise the Commissioner to exercise on his behalf all or any of the powers herein before delegated to the Permanent Secretary subject to such instructions as the Permanent Secretary may, from time to time issue.

23. Termination of appointment other than on disciplinary grounds

If it appears to the Permanent Secretary that there is a reason for an officer who has attained the age of fifty five years and who holds a pensionable office to be called upon to retire from the Force otherwise than on grounds of ill-health, the Permanent Secretary shall advise the officer that the officer's compulsory retirement is under consideration and ask if that officer wishes to make any representations, if any, together with the Permanent Secretary's observations to the Committee, and the Committee shall decide whether such officer should be called upon to retire.

24. Termination of appointment on medical grounds

(1) Where it appears that the Permanent is incapable by reason of any infirmity of mind or body of discharging the functions of that officer's office, he may (and shall if the officer so requests) call upon such officer to present himself to a Medical Practitioner approved by the Ministry of Health or to the Medical Board appointed in that behalf by the Minister for Health; with a view to be ascertained whether or not such officer is incapable of discharging his functions as aforesaid.

(2) After the officer has been examined by the Medical Practitioner or the Medical Board as the case may be, the Minister for Health shall forward the report of the examination together with his own recommendations, to the Permanent Secretary. The Permanent Secretary shall forward the same together with his own recommendation and any representations which the officer concerned wishes to make, to the Committee which shall decide whether the officer should be called upon to retire on medical grounds.

(3) In this regulation, reference to the Committee shall, in case of an officer above the rank of Assistant Commissioner, be construed as reference to the President and in subregulation (1) of this regulation, the reference to the Permanent Secretary and the Minister of Health shall be deemed to include references to the most senior Fire Officer and Regional Medical Officer in a region respectively.

25. Delegation of powers to the Commissioner of Fire and Rescue Services Force

The powers vested in the President in respect of Fire Officers below the rank of Assistant Inspector in relation to–

(a) appointments, promotion and termination of appointment;

(b) re-engagement for further services on or after completion of an initial period of service;

are hereby delegated to the Commissioner of Fire and Rescue Services Force.

26. Enlistment and re-engagement

(1) Enlistment in any rank below the rank of Assistant Inspector shall be for a period of three years or such lesser period as may from time to time be determined by the Permanent Secretary to the President's Office. On the completion of the first period of enlistment or within three months before such completion, the Commissioner may, in his discretion, approve re-engagement for a further period of three years or such lesser period as may from time to time be determined by the Chief Secretary to the President's Office, and may similarly approve further re-engagements.

(2) No person who is under the age of eighteen years may be enlisted without the prior consent of his parent or guardian, or if his parent or guardian cannot be found, without the prior approval of the District Commissioner of the district in which such person normally resides.

(3) On completion of not less than nine years' continuous service, the Commissioner may recommend to the Permanent Secretary the admission to pensionable status of any Fire Officer below the rank of Assistant Inspector, if such officer has applied for such admission and if the Commissioner is satisfied that he is in all respects, suitable to be granted pension and on such admission he shall be confirmed in his appointment and shall cease to be eligible for the award of retiring benefits for non-pensionable Fire Officer under these Regulations.

(4) If any non-pensionable Fire Officer below the rank of Assistant Inspector is re-engaged for further service within six months after having received his discharge, he shall, if there is a vacancy and if the Commissioner approves of his re-engagement, be entitled to the rank or grade which he held at the date of his discharge and his service shall, if the Commissioner approves, be deemed to be continuous for the purposes of the award of a gratuity under the provisions of these Regulations.

(5) If any such Fire Officer as described under the preceding regulation is permitted to re-engage for service after the expiration of six months from the date of his discharge, the Commissioner may, subject to the approval of the Permanent Secretary, allow that officer's previous service or part thereof to count for the purpose of the award of a gratuity under the provisions of these Regulations, and the question of his re-instatement in the rank or grade which he held at the time of his discharge shall be decided by the Commissioner in the Commissioner's discretion.

27. Previous service elsewhere may account for gratuity

(1) If any non-pensionable Fire Officer below the rank of Assistant Inspector who has previously served in any approved fire brigade, service, unit, Police Force, Tanzania Prisons Service or Chuo cha Mafunzo (Zanzibar), is enlisted in the force within six months after having received his discharge from such previous service, he may subject to the approval of the Permanent Secretary be allowed to count for the purpose of the computation of the gratuity for which he may become ultimately eligible under the provisions of these Regulations his period of previous service as if it had been served in the Fire and Rescue Services Force:

Provided that any period of such previous service in respect of which a gratuity has been paid or a pension is being enjoyed shall not be so counted.

(2) In this regulation "approved fire brigade, service, unit" means a fire service constituted similarly to the Fire and Rescue Service Force and approved by the Permanent Secretary for the purpose of this regulation.

28. Discharge

(1) Subject to the provisions of these Regulations, any non-pensionable Fire Officer below the rank of Assistant Inspector who has completed his period of service in accordance with the provisions of these Regulations shall be discharged by the officer-in-charge of the fire station at the place where he is stationed unless on the date of such completion of service he is undergoing punishment or stands charged with the commission of any offence against discipline under these Regulations, in which case his service shall be prolonged and his discharge deferred until such punishment shall be terminated or until he has undergone his trial and has been acquitted or has suffered any punishment which may be imposed in respect of the offence charged.

(2) Any Fire Officer below the rank of Assistant Inspector may be discharged by the Commissioner at any time–

(a) if, after investigation and after giving the officer an opportunity to make representations, the Commissioner considers that he is unlikely to become or has ceased to be an efficient Fire Officer;

(b) if he is pronounced by a Government Medical Officer to be mentally or physically unfit for further service;

(d) on reduction of establishment; and

(e) on his application for discharge.

(3) The Commissioner may delegate the powers conferred by subregulation (2) of this regulation to a Commandant or his representative for the time being in charge of a Fire Service College or Training School.

(4) In reckoning the service of any non-pensionable Fire Officer for the purposes of discharge, there shall in all cases be excluded therefrom all periods during which such officer has been absent from duty for any of the following reasons–

(a) imprisonment for any cause save that of detention awaiting any trial which has resulted in his acquittal or discharge;

(b) desertion;

Every Fire Officer who is discharged under this provision of this regulation shall be granted a certificate in such form as the Commissioner may determine and shall, until he has received such certificate of discharge, remain subject to the provisions of the Fire and Rescue Services Act.

29. Officer not to resign without permission

No Fire Officer below the rank of Assistant Superintendent shall be at liberty to resign from the force while serving a period of engagement or re-engagement unless expressly permitted to do so by the Commissioner or by any other officer authorised by the Commissioner to grant such permission.

30. Declaration on joining the Force

(1) Every Fire Officer shall, on appointment or enlistment make and sign a declaration of allegiance before a magistrate or a Fire Officer of or above the rank of Assistant Superintendent in such manner as he may declare to be most binding on his conscience, in such form as may be determined by the Commissioner.

(2) Before making the declaration as aforesaid, the person who is appointed or enlisted shall answer truthfully any questions which may be put to him as to his previous employment or occupation and as to whether he has at any time been convicted of criminal offence.

(3) Any person who makes a false statement in reply to a question put to him under subregulation (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding one hundred shillings or to imprisonment for a term not exceeding one month, or to both such fine and imprisonment.

31. Other interests prohibited

No Fire Officer shall, without the written consent of the Commissioner, engage in any employment of officer otherwise than in accordance with his duties under the Fire and Rescue Services Act.

32. Prolongation of service in case of war etc.

Notwithstanding any other provisions under these Regulations, any Fire Officer whose period of service expires during a state of war, insurrection or hostilities may be retained by the Commissioner and his service prolonged for such further period as the Commissioner may direct.

33. Cases not covered under this Act

Any case not covered by this part of these Regulations shall be dealt with in accordance with such instructions as may, from time to time, be issued by the President.

34. Special procedure

Where the Committee is satisfied that the public interest requires that any matter relating to the appointment or promotion and transfer or confirmation in his appointment of an officer of or above the rank of Assistant Inspector be dealt with otherwise than in accordance with the procedure laid down in this part, the Committee shall refer the matter to the President and shall deal with the matter in accordance with such directions as may be given by the President.

PART IV
CONSTITUTION, ADMINISTRATION AND DUTIES OF THE FORCE (regs 35-37)

35. Constitution of the Force

The Force shall consist of the following ranks as the President may direct, in the following order of seniority–

(a) GAZETTED OFFICERS:

(i) Commissioner;

(ii) Senior Assistant Commissioner;

(iii) Assistant Commissioner;

(iv) Senior Superintendent;

(v) Superintendent;

(vi) Assistant Superintendent;

(b) INSPECTORS:

(i) Inspector;

(ii) Assistant Inspector; and

(i) Sergeant Major;

(ii) Station Sergeant;

(iii) Sergeant;

(iv) Corporal;

(v) Fireman.

36. Distribution of the Force

The Force shall consist of such units of Brigade as the Commissioner may from time to time direct and shall include the following units–

Airport Unit;

City and Town Unit;

Harbours Unit;

Mwadui Diamond Mines Unit;

Sao Hill Paper Mill Unit;

Industrial Units;

Commercial Unit;

Railway Unit;

Forest Unit.

37. Distribution of posts

(1) The Headquarters of the Force shall be situated at Dodoma and shall be composed of such directorates as the Commissioner may direct and shall include the following Directorates–

(a) Administration and Finance Directorate;

(b) Airport Directorate;

(d) City and Town Directorate;

(e) Planning Research and Training Directorate;

(f) Fire Prevention/Protection Directorate.

(2) Every directorate under subregulation (1) of this regulation shall be headed by a Senior Officer of or above the rank of Superintendent as the Committee may appoint.

(3) The Administration of the Force shall be divided into regions and each region shall be headed by a Senior Officer of or above the rank of Assistant Commissioner as the Committee may appoint, and such officer shall be designated as Regional Fire Officer.

(4) The Administration of the Force shall be further divided into districts and each district shall be headed by a Senior Officer of the rank of or above Senior Superintendent as the Committee may appoint and such officer shall be designated as District Fire Officer.

(5) Every fire station shall be under the command of a senior officer as the Commissioner may appoint and such officer shall be designated as officer-in-charge of a station.

PART V
SCHEME OF SERVICE FOR FIRE AND RESCUE FORCE (reg 38)

38. Method of entry and advancement

(1) Fireman F.O.1–

(a) Direct Entry:

(i) by enlistment of Form Four leavers with passes in science subjects (Chemistry, Physics, Mathematics, Biology) subject to successful completion of Basic Firemanship course and Force training for the period not less than nine months;

(ii) by enlistment of Primary School leavers with technical training and holders of trade test Grade III or above who have successfully completed Basic Firemanship courses and Basic Force training;

(b) In-service Structure:

by transfer from other cadres those who have attended and successfully completed Basic Firemanship course and Basic Force training for the period of not less than nine months;

(i) to extinguish fires;

(ii) to save life and property;

(iii) to attend fire and emergency calls;

(iv) to perform fire watchroom/control room duties;

(v) to operate fire pump;

(vi) to render humanitarian services;

(vii) to maintain and inspect fire equipment;

(viii) to perform fire and rescue exercises;

(ix) to maintain security of work place;

(x) attend to routine and ceremonial guards; and

(xi) to perform any other duties as may be assigned to him by his senior officers.

(2) Corporal of Fire – F.O.2–

(a) In-service Structure:

(i) by promotion of firemen on completion of three years' satisfactory service and who have successfully completed a qualifying Firemanship course for the period of not less than three months;

(ii) by change of field or rank from other cadres who have attended and successfully completed basic Firemanship and qualifying Firemanship courses;

(b) Duties:

(i) as for Fireman with added leadership responsibilities;

(ii) supervise Firemen on routine duties;

(iii) ensure that all fire equipment under his control is in good working order and stowage;

(iv) maintain discipline and proper working performance of all Firemen under his command;

(v) maintain security of work place; and

(vi) conduct fire drills and exercises.

(3) Sergeant of Fire – F.O.3–

(a) Direct entry:

by enlistment of Form Six Leavers who have attended and successfully completed Basic Firemanship course and Force training for the period not less than nine months, and six months Leading Fireman Course. Attend field attachment of not less than two months. Priority would be given to those with passes in science subjects.

(b) In-service Structure:

by promotion of Corporals on completion of three years' satisfactory service and who have successfully completed Leading Fireman course of the period not less than three months.

(i) as for Sergeant with added Leadership responsibilities;

(ii) may be appointed officer-in-charge of airport, of a district, township or local port;

(iii) detail fireman duties;

(iv) prepare and conduct station training; and

(v) to perform any other duties as be assigned to him by his senior officers.

(5) Sergeant Major of Fire – F.O.5–

(a) In-service Structure:

by promotion of station sergeants who have proved satisfactory service and conduct with leadership ability.

(b) Duties:

(i) may be appointed Regimental Sergeant Major in order to maintain discipline and sanitation of the camp;

(ii) perform any other duties as may be assigned to him by his senior officers.

(6) Assistant Inspector of Fire – G.F.O.1–

(a) Direct Entry:

by enlistment of University graduates or holders of Advanced Diploma in Science subjects who have successfully completed Inspector's course and Firemanship course of the period not less than six months.

(b) In-service Structure:

by promotion of station Sergeant on completion of three years' satisfactory service who have successfully completed Inspectors course of the period not less than six months.

(i) as for Sergeant Major with added Leadership responsibility;

(ii) supervise fire fighting operations;

(iii) ensure serviceability of fire equipment under his control;

(iv) ensure immediate safe disposal of casualties and render first aid treatment to the injured persons;

(v) inspect and provide consultation regarding fire prevention and protection to airports, towns, harbours and villages;

(vi) prosecute those who violate fire prevention and protection regulations; and

(vii) to perform other duties as may be assigned to him by his senior officer.

(7) Inspector of Fire – G.F.O.2–

(a) In-service Structure:

by promotion of Assistant Inspectors on completion of three years' satisfactory service; good conduct with high degree of command.

(b) Duties:

(i) as for Assistant Inspector with added Leadership responsibility;

(ii) prepare and conduct fire prevention/protection training to the public;

(iii) acceptance and commissioning of fire fighting vehicles and equipment before delivery;

(iv) inspect and approve layout and diagrams of buildings including factories pertaining to fire hazard;

(v) carry out fire investigation;

(vi) keep records of fire occurrences, disaster and losses; and

(viii) perform any other duties as assigned to him by his senior officer.

(8) Assistant Superintendent of Fire – G.F.O.3–

(a) In-service Structure:

by promotion of Inspectors on completion of three years' satisfactory service with good conduct with high degree of command who have successfully completed senior Fire Officers course locally or overseas for the period of not less than three months.

(b) Duties:

(i) as for Inspector with added responsibility;

(ii) may be appointed officer in charge of station of category five or six or town or ports;

(iii) perform any other duties as may be assigned to him by his senior officer.

(9) Superintendent of Fire – G.F.O.4–

(a) In-service Structure:

by promotion of Assistant Superintendent on completion of three years' satisfactory service with good conduct and leadership ability.

(b) Duties:

(i) as for Assistant Superintendent with added responsibility;

(ii) officer in charge of airport of category five and six or City/Municipal and Ports;

(iii) perform any other duties as may be assigned to him by his senior officers.

(10) Senior Superintendent of Fire – G.F.O.5–

(a) In-service Structure:

by promotion of Superintendents on completion of three years' satisfactory service, with good conduct and leadership ability.

(b) Duties:

(i) as for Superintendent with added responsibility;

(ii) may be appointed officer in charge of category seven airports of Municipal or Port;

(iii) may be appointed Regional Fire Officer or head of section;

(iv) perform any other duties as may be assigned to him by his senior officers.

(11) Assistant Commissioner – G.F.O.6–

(a) In-service Structure:

by promotion of Senior Superintendent on completion of three years' satisfactory service.

(b) Duties:

(i) may be appointed officer-in-charge of international airport or city or international port commandant of Fire Service College;

(ii) may be appointed head of section; and

(iii) perform any other duties as may be assigned to him by his senior officers.

(12) Senior Assistant Commissioner – G.F.O.7–

(a) In-service Structure:

by promotion of Assistant Commissioners on completion of two years' satisfactory service, good conduct and leadership ability.

(b) Duties:

may be appointed head of section or the Regional Fire Officer of a busy region.

(13) Commissioner of Fire – G.F.O.8–

(a) In-Service Structure:

by promotion or appointment of Senior Assistant Commissioner.

(b) Duties:

may be appointed Head of Fire and Rescue Force.

PART VI
DISCIPLINE (regs 39-73)

A. Senior Officers (regs 39-64)

39. Disciplinary authorities

(1) Subject to the provisions of this Disciplinary Part, the power vested in the President for the authorities disciplinary control of offices, is hereby delegated to the disciplinary authorities.

(2) The disciplinary authorities shall be–

(a) in case of officer of or below the rank of Assistant Commissioner, the Committee;

(b) in case of officer of or below the rank of Senior Superintendent, the Commissioner:

Provided that the Commissioner may appoint any Senior Officer to exercise on his behalf and subject to his instruction, all or any of the powers vested in him (the Commissioner) as a disciplinary authority.

(3) Notwithstanding the provisions of subregulation (2) of this regulation, the power to interdict or suspend any officer from the exercise of the powers and functions of his office shall vest in the Commissioner.

40. Chief Secretary Office President may exercise powers of disciplinary authority

Notwithstanding the provisions of regulation 34, the Permanent Secretary to the to President may, in relation to any officer exercise all or any of the powers delegated to a disciplinary authority by these Regulations.

41. Interdiction

(1) If in any case the Permanent Secretary or the Commissioner considers that it is in the public interest that an officer should cease forthwith to exercise the powers and functions of his office, the Permanent Secretary or the Commissioner may interdict the officer from the exercise of those powers and functions.

(2) Where an officer is interdicted under this regulation, such officer shall be informed of the reasons for such interdiction.

(3) An officer who is interdicted shall receive such salary, not being less than half of his salary, as the Permanent Secretary or the Commissioner may direct.

(4) Where any disciplinary or criminal proceedings have been taken or instituted against any officer under interdiction and such officer is not dismissed or otherwise punished under these Regulations, the whole or any part of salary withheld under subregulation (3) shall be restored to him upon termination of such proceedings. If any punishment other than dismissal is inflicted, the officer may be refunded such portion of the salary withheld under subregulation (3) as the disciplinary authority may determine.

(5) An officer under interdiction may not leave his station without the prior permission in writing, of the Permanent Secretary or the Commissioner as the case may be.

42. Loss of privileges

Subject to the provisions of any written law for the time being in force, an officer who is dismissed shall forfeit all rights or claims with regard to leave, passage superannuation benefits and other benefits attached to his post.

43. Types of proceedings

Disciplinary proceedings under these Regulations may be either formal or summary.

44. Cases where formal proceedings applicable

Formal proceedings shall be instituted where, in the opinion of the disciplinary authority, the disciplinary offence which the officer is alleged to have committed is of such gravity that should that officer be found guilty thereof, it may warrant his dismissal, reduction in rank or reduction in salary.

45. Cases where summary proceedings applicable

Summary proceedings shall be instituted where, in the opinion of the disciplinary authority, the disciplinary offence which the officer is alleged to have committed is not of such gravity as to warrant, in the event of his being found guilty thereof, his dismissal, reduction in rank or reduction in salary.

46. Commencement of formal proceedings

(4) Where a disciplinary charge has been drawn up, the disciplinary authority shall cause the same to be served upon the officer.

(6) No formal proceedings instituted under this regulation shall be invalid by reason only of any irregularity in the formulation of the charge.

(7) The powers conferred upon the disciplinary authority by this regulation may, where the Committee is the disciplinary authority be exercised by the Permanent Secretary.

47. Inquiry into disciplinary charge

(1) Where an officer has been served with a charge in accordance with the provisions of regulation 43, and fails to make representations in writing giving the grounds upon which he relies to exculpate himself within the period specified in the notice accompanying the charge or makes representations which, in the opinion of the disciplinary authority or the Permanent Secretary acting under the authority of subregulation (7) of regulation 43, as the case may be, do not amount to a complete defence of the offence of which the accused officer is charged, the Committee or the Permanent Secretary, as the case may be shall–

(a) conduct an inquiry into the charge; or

(b) appoint an Inquiry Officer or two or more Inquiry officers, to hold an inquiry into the charge.

(2) Every inquiry into a charge under subregulation (1) shall be in accordance with the procedure prescribed by these Regulations:

Provided that where the inquiry is held by the Committee or the Permanent Secretary, the procedure prescribed by these Regulations shall not be bound to be followed but inquiry may be held and investigation conducted in such manner and according to such procedure as may be considered appropriate.

(3) Where the Committee or, as the case may be, the Permanent Secretary, is satisfied that the representations made by the accused officer, pursuant to the notice served upon him under regulation 43, amount to a complete admission of the charge or charges against him, it shall not be necessary to hold any further inquiry or investigation in respect of such charge or charges, but the Committee or the Permanent Secretary shall record a finding of guilty and proceedings shall proceed as if the accused had been found guilty after an inquiry.

48. Certain persons not to be appointed inquiry officers

(1) No person shall be appointed on Inquiry Officer unless he is–

(a) of or above the rank of Assistant Superintendent; or

(b) of a rank higher than rank held by the accused officer.

(2) Notwithstanding the provisions of subregulation (1), where the accused officer is of or above the rank of Assistant Commissioner, no person shall be appointed an Inquiry Officer for conducting an inquiry into a charge or charges against such officer, unless he is a Judge, a Senior State Attorney or Senior Resident Magistrate.

49. Procedure on inquiry in formal proceedings

(1) In this regulation and regulation 47 "officer conducting the inquiry" means the Inquiry Officer and includes, in case where the inquiry is being conducted by the disciplinary authority or, the Permanent Secretary, and the disciplinary authority, or as the case may be, the Permanent Secretary, decided to conduct the inquiry in accordance with the procedure prescribed by this regulation, such disciplinary authority or Permanent Secretary.

(2) Where the officer conducting the inquiry is of the opinion that it will be desirable for him to be assisted in the conduct of the inquiry by persons who may be more conversant with any professional or technical matter likely to arise in the course of the proceedings, he may request the Permanent Secretary to the President to assign no more than two Public Officers with the necessary qualifications or experience to assist him, and the Permanent Secretary to the President shall comply with any such request.

(3) The Officer conducting the inquiry shall notify the accused officer of the day, date, time and place upon and at which the inquiry shall be held.

(4) The accused officer shall have a right to be present, examine witnesses and be heard at the inquiry:

Provided that failure by the accused officer to be present or represented at the inquiry shall not vitiate the proceedings.

(5) The officer conducting the inquiry may permit the accused officer and the disciplinary authority to be represented by any Public Officer or State Attorney.

(6) The accused officer or, where he is represented by a Public Officer or a State Attorney, his legal representative shall have a right–

(a) to cross-examine any witness examined by the officer conducting the inquiry or by the disciplinary authority or his representative;

(b) to examine and make copies of any document as evidence against him; and

(7) The officer conducting the inquiry may take into consideration any evidence which he considers relevant to the subject of the inquiry before him notwithstanding that such evidence would not be admissible under the law relating to evidence.

(8) The officer conducting the inquiry shall record the list of the evidence adduced before him.

(9) An inquiry heard under this regulation shall not be open to the public.

(11) Where any additional charge is formulated in accordance with the provisions of subregulation (10), the officer conducting the inquiry shall proceed to inquire into the same and may recall any witness for further examination.

(12) Subject to the foregoing provisions of this regulation, an officer conducting an inquiry may regulate the procedure at the inquiry in such manner as he may think fit.

50. Procedure on the conclusion of inquiry

(1) Upon the conclusion of an inquiry, the officer conducting the inquiry shall, save where such officer himself is the disciplinary authority, forward the record of the proceedings before him together with his report thereon to the disciplinary authority.

(2) Every report under subregulation (1) shall–

(a) state whether in the opinion of the office conducting the inquiry the charges against the accused officer have been proved;

(b) state reason for such opinion;

(c) state any fact which, in the opinion of the officer conducting the inquiry, aggravates or mitigates the gravity of the act or omission which was the subject matter of any charge;

(d) state any other fact which in the opinion of the officer conducting the inquiry is relevant:

Provided that no such report shall contain any recommendation as to the form or nature of the punishment to be awarded.

(4) Upon receipt of the record of proceedings and the report of where the disciplinary authority himself conducted the inquiry, upon conclusion of the inquiry, the disciplinary authority shall, after considering the evidence and, where the inquiry was not conducted by him, the report of the officer conducting the inquiry, make and record a finding whether, in his opinion, the accused officer is guilty of the disciplinary offence with which he has charged.

(6) Where the disciplinary authority finds the accused officer guilty, he shall proceed to award punishment:

Provided that where the disciplinary authority is a person exercising powers conferred upon him by the proviso to paragraph (b) of subregulation (2) of regulation 35, he shall not impose any of the following punishments–

(i) dismissal;

(ii) termination of appointment;

(iii) reduction in rank; or

(iv) reduction in salary,

but shall, if in his opinion the case is of such gravity as to warrant any of the foregoing punishments being imposed, refer the case to the authority by whom the powers under the proviso to subregulation 2(b) were conferred upon him, and such authority shall proceed to award such punishment as he may consider appropriate.

51. Procedure in summary proceedings

(2) The disciplinary authority shall appoint the day, time and place for the investigation of the charge and shall give the accused officer notice of the charge.

(3) The accused officer shall have a right to be present at the investigation and make his defence:

Provided that failure by the accused officer to be present at the investigation shall not vitiate the proceedings.

(4) The investigation of the charge shall be carried out in such manner as the disciplinary authority may decide and the disciplinary authority shall make a finding whether, in his opinion, the accused officer is guilty of the offence with which he is charged and if the disciplinary authority finds the accused officer guilty, he shall proceed to award such punishment as he may consider appropriate:

Provided that under no circumstances shall on investigation under this regulation, the accused officer be punished by–

(i) dismissal; or

(ii) termination of the appointment; or

(iii) reduction in rank; or

(iv) reduction in salary.

(5) The disciplinary authority may authorise any officer who is on pensionable term and holds a rank senior to the rank held by the accused officer to exercise all or any of his powers under subregulations (1), (2), (3) and (4) of this regulation.

(6) Where an officer authorised in accordance with regulation (5) holds an investigation–

(a) the provisions of subregulations (1), (2), (3) and (4) shall apply as if references therein to the disciplinary authority were reference to the officer so authorised;

(b) upon the conclusion of the investigation the person authorised shall submit his report thereon to the disciplinary authority, who shall proceed to make a finding as to the guilty or innocence of the accused officer being found guilty, proceed to award punishment in accordance with and subject to the limitations imposed by the provisions of subregulation (4).

52. Rules where disciplinary offence amounts to criminal offence

(1) Where an officer is alleged to have committed a disciplinary offence and the act or omission constituting such offence under any written law, then, notwithstanding the provisions of any law to the contrary, the following rule shall apply–

(a) if no disciplinary proceedings under these Regulations have been commenced in respect of the disciplinary offence, but proceedings for the criminal offence hereinafter referred to as ("criminal proceedings") are instituted against the accused officer in any court of law, then no disciplinary proceedings shall be commenced until after the conclusion of the criminal proceedings;

(b) if disciplinary proceedings have been commenced and during the pendency of such proceedings, criminal offences are instituted, the disciplinary proceedings shall be stated and no further step shall be taken in respect thereof until after the conclusion of the criminal proceedings;

(i) if the officer is acquitted of the criminal charge, such acquittal shall not be a bar to disciplinary proceedings against the accused officer on the same charge or on a charge based on the same facts, and such disciplinary proceedings may be continued or instituted against the officer and the officer may be punished therefor as if no criminal proceedings have been instituted against him;

(ii) if the officer is convicted of criminal charge the Permanent Secretary or the Commissioner may suspend the officer from the exercise of the powers and functions of his office pending consideration of his case under the provisions of this regulation;

(d) where the officer has been convicted of criminal offence, he shall be deemed to have been found guilty under the provisions of these Regulations of a disciplinary offence based upon the same charge or the same facts which formed the ground of the criminal charge of which he was convicted, and the disciplinary authority shall, without continuing or instituting any disciplinary proceedings, proceed to punish the officer of the disciplinary offence:

Provided that–

(i) no officer shall be punished under this subregulation until after he has been served with a notice specifying–

(A) the disciplinary offence of which he is deemed, under the provisions of this subregulation, to have been found guilty;

(B) the punishment which the disciplinary authority proposes to impose;

(C) the time within which such officer may make such plea in mitigation as he may consider fit, and without the disciplinary authority having taken into consideration any plea made by the officer within the time;

(ii) where the accused officer has been convicted of a criminal offence which, in the opinion of the disciplinary authority, may warrant his dismissal from service, formal disciplinary proceedings shall be instituted against the officer, or where such proceedings were instituted prior to the commencement of the criminal proceedings, they shall be continued and the accused officer shall, subject to the provisions of subregulation (F) be tried on such formal disciplinary proceedings in accordance with the provisions of regulations 42 and 43;

(D) where a notice under subregulation (1) of the proviso to subregulation (a) is given to the officer, the disciplinary authority shall not be bound to impose the same punishment as that specified in the notice, but may impose any lesser punishment;

(E) in any formal disciplinary proceedings under subregulation (d) is given to the officer, the disciplinary authority shall not be bound to impose the same punishment as that specified in the notice, but may impose any lesser punishment;

(F) in any formal disciplinary proceedings under paragraph (ii) of the proviso to subregulation (d), proof that the accused officer has been convicted of the criminal offence shall be conclusive evidence of the fact that he has committed the disciplinary offence based on the same facts;

(G) where an officer has been convicted of a criminal offence and prior to the commencement of the criminal proceedings he was found guilty by a disciplinary authority of a disciplinary offence based on the facts upon which the subsequent criminal charge was based, it shall be lawful for the disciplinary authority, upon the conclusion of criminal proceedings, to substitute for the disciplinary punishment imposed upon the accused officer in respect of the disciplinary offence, any other disciplinary punishment which, in the opinion of the disciplinary authority is warranted in view of the conviction of the officer of the criminal offence or in view of any evidence adduced at the criminal proceedings.

(2) For the purposes of this regulation, criminal proceedings shall be deemed to have been concluded–

(a) where there has been no appeal against the conviction or acquittal, upon the expiry of the time allowed for such appeal by or under any written law;

(b) where there has been an appeal against the conviction or acquittal, upon the expiry of the time allowed by or under any written law for any further appeal.

(4) Nothing in subregulation (1) of the proviso to subparagraph (d) of subregulation (1) of regulation 52 shall be construed as precluding the disciplinary authority from instituting disciplinary proceedings against the officer convicted of a criminal offence independent of his conviction of such criminal offence:

Provided that where a disciplinary authority institutes disciplinary proceedings against an officer independent of his conviction of a criminal offence, then, in the event of an appeal or further appeal against such conviction, the provisions of subregulations (a), (b) and (c) of subregulation (1) shall apply.

(5) Where consequent upon his conviction on a criminal charge involving fraud or dishonesty on his part, an accused officer is pursuant to the provisions of subregulation (ii) of the proviso to subregulation (d) of subregulation (1), punished by dismissal from the Force for a similar disciplinary offence based on the same facts after formal proceedings having been taken against him, his dismissal shall take effect from the date upon which he was convicted of the criminal offence.

53. Effect of suspension

Where an officer is suspended in accordance with the provisions of paragraph (c) of subregulation (1) of regulation 49, the officer shall, with effect from the date of suspension, cease to be entitled to receive any salary or other allowance:

54. Where two or more disciplinary authorities have concurrent jurisdiction

(1) Where two or more disciplinary authorities have under these Regulations concurrent jurisdiction to institute disciplinary proceedings against an officer for the same offence and such proceedings have been commenced by any one of them, the officer shall not be subjected to disciplinary proceedings for the same offence by any other disciplinary authority:

Provided that a disciplinary authority who is senior in rank may require any disciplinary authority who is junior to him in rank to transfer to him any disciplinary proceedings commenced by such disciplinary authority junior in rank and upon such proceedings being transferred to him, the disciplinary authority of senior rank may proceed therewith as if the proceedings had been instituted by him.

(2) For the purpose of this regulation, the Committee shall be deemed to be disciplinary senior-most in rank.

55. Punishment to Officers

(1) The following punishments may be imposed upon an officer as a result of proceedings under this Part of these Regulations–

(a) dismissal, that in termination of appointment with forfeiture of all retirement benefits and other privileges in accordance with the provisions of any law for the time being in force;

(b) termination of appointment otherwise than by dismissal;

(d) reduction in salary;

(e) stoppage of increment, that is, non-payment for a specified period of an increment otherwise due;

(f) withholding of increment, that is suspension of the payment of an increment until such conditions as may be specified are fulfilled;

(g) deferment of increment, that is, postponement of the date of payment of an increment;

(h) fine of an amount not exceeding one quarter of one month's pay;

(i) reprimand;

(j) the recovery of the amount of any loss caused to the Government or the value of any property of the Government destroyed or damaged by the officer by any wilful act or omission or by reason of his failure to take reasonable care or to discharge his duties in a reasonable manner.

56. Loss occasioned by officer may be recovered from him independently of these Regulations

(1) Where an officer by his wilful act or omission, or by his negligence or misconduct, or by reason of his failure to take reasonable/care or to discharge his duties in a reasonable manner, causes the Government to suffer any loss or causes damage to any property of the Government, the amount of such loss or the value of the property damaged or an amount equal to the cost of repairing such property, or such portion of such amount or value, as the appropriate authority may determine, may be recovered from such officer under the provisions of the Public Officers (Recovery of Debts) Act *, independently of these Regulations.

(2) Where steps have been taken to recover any such amount or value as aforesaid under the Public Officers (Recovery of Debts) Act *, it shall not be unlawful for disciplinary proceedings for the act, omission, negligence, failure to take reasonable care or failure to discharge a duty in a reasonable manner, being instituted under these Regulations:

Provided that where such proceedings are instituted the punishment specified in paragraph (j) of subregulation (1) of regulation 51 shall not be awarded except to the extent of the difference between the actual amount of the loss incurred by the Government or, as the case may be, the actual value of the property or the actual cost of repairing such property, and the amount to be authorised to be recovered under the Public Officers (Recovery of Debts) Act *.

(3) Where an officer who has become liable to pay any amount to the Government by reason of his negligence, misconduct, failure to take care, failure to discharge his duties in a reasonable manner or other act or omission, is convicted under section 284A of the Penal Code * for the act or omission or other circumstances giving rise to such liability, and the court has ordered the officer to pay to the Government compensation under subsection (7) of the said section 284A any amount ordered to be recovered from the officer by a disciplinary authority under paragraph (j) of subregulation (1) of regulation 52, or by an appropriate authority under the provisions of the Public Officers (Recovery of Debts) Act *, the order of the disciplinary authority or, as the case may be, of the appropriate authority–

(a) if the amount ordered to be recovered by the disciplinary authority of, as the case may be, the appropriate authority exceeds the amount of the compensation ordered under section 284A of the Penal Code * shall be effective only to the extent of the difference between the two amounts;

(b) if the amount ordered to be recovered by the disciplinary authority is less than the amount of the compensation ordered under section 284A of the Penal Code shall cease to have effect.

(4) Notwithstanding the provisions of subregulation (3) where disciplinary proceedings are instituted or an officer is punished under these Regulations after his conviction under section 284A, it shall be lawful for the disciplinary authority to order that an amount equal to the difference between the actual amount of the loss, the value of the property or the cost of repairs and–

(a) the amount of the compensation awarded under section 284A of the Penal Code *; or

(b) where steps have also been taken to recover any amount from the officer under the Public Officers (Recovery of Debts) Act; the aggregate of the amount which may, subject to the provisions of subregulation (3), be recovered under that Act and the amount of compensation awarded under section 284A of the Penal Code, be recovered from the officer by way of punishment.

(5) In this regulation the term "appropriate authority" shall have the meaning assigned thereto by the Public Officers (Recovery of Debts) Act.

57. Withholding of increments for unsatisfactory service

(1) Notwithstanding any other provision in this Part of these Regulations, where the Permanent Secretary or the Commissioner is satisfied that the increment of an officer should be withheld on the ground–

(a) of unsatisfactory service not amounting to misconduct; or

(b) that the officer has failed to pass any examination, the passing of which is a pre-requisite to the grant of increment, he may withhold such increment.

(2) Where the Permanent Secretary or the Commissioner is satisfied that an increment withheld under subregulation (1) should be restored, he shall inform the officer in question that his increment shall be restored with effect from such date as he may specify.

58. Suspension of increment

(1) Notwithstanding any provision in this Part of these Regulations, the Permanent Secretary or the Commissioner may suspend the payment of an increment which is due to be granted to an officer where–

(a) disciplinary or criminal proceedings have been instituted against the officer; or

(b) the Permanent Secretary or the Commissioner has reason to believe that ground may exist for withholding the increment under regulation 55.

(2) Where an increment, the payment of which has been suspended under this regulation, is not withheld under regulation 55 or otherwise, it shall be restored with effect from the date upon which it would have been granted had it not been suspended.

59. Reprimands and warning

Nothing in these Regulations shall prohibit the Permanent Secretary or the Commissioner from issuing a reprimand or a warning of unsatisfactory work or conduct to any officer, or any officer from issuing such a reprimand or warning to any other officer directly under his command subordinate to the former officer.

60. Absent without leave

(2) If the whereabouts of the officer charged under subregulation (1) are not known, a copy of the charge shall be served by leaving it at the place where he is known to have resided prior to his absence or by sending it to his last known address.

(3) A service in accordance with the provisions of subregulation (2) shall be deemed to be good service of the charge for the purposes of disciplinary proceedings being proceeded with in accordance with the Regulations.

61. Appeals by officer to Commissioner

Where under these Regulations any punishment is imposed upon any officer by a person who has been authorised under the proviso to paragraph (b) of subregulation (2) of regulation 39 to exercise the powers conferred by that paragraph upon the Commissioner such officer may appeal against such decision to the Commissioner who may confirm, vary or rescind the decision.

62. Time of appeal

(1) Where any officer desires to appeal under section 21 of the Act or under any regulation of these Regulations, against any decision, he shall, within ten days of the receipt by him of the decision give notice in writing to the authority to whom the appeal lies, of his intention so to appeal and shall, within thirty days of such receipt, submit his petition of appeal to such authority.

(2) An appellate authority shall, on receipt of a notice or petition under subregulation (1), serve a copy of such notice or petition upon the authority against whose decision the appeal is brought.

63. Procedures

(1) On an appeal under regulation 61 of these Regulations, the appellate authority may, in his absolute discretion, allow both the appellate and the disciplinary authority whose decision is being appealed against, or either of them, an opportunity to be heard in support of, or as the case may be, against the appeal.

(2) No finding made or punishment imposed by a disciplinary authority under the provision of these Regulations shall be reversed or set aside on the ground only of any irregularity in appointment of the disciplinary authority or the conduct of the disciplinary proceedings, but in any such case, if the appellate authority is of the opinion that such irregularity has occasioned injustice it may direct that the disciplinary proceedings commence de novo.

64. Accused entitled to a copy of findings

In every disciplinary proceedings and in every appeal under these Regulations, the accused person shall be entitled to a copy of the findings made by the disciplinary authority or, as the case may be, the appellate authority.

B. Junior Officers (regs 65-69)

65. Junior Fire Officers

The powers of disciplinary authority in respect of Junior Fire Officers shall be exercised by the Commissioner, Senior Fire Officers and Officer-in-charge of stations to the extent set out and otherwise in accordance with the provisions of this Part of these Regulations.

66. Offences against discipline

Any Fire Officer who–

(1) persuades or endeavours to persuade, procures or attempts to procure or assist, any Fire Officer to desert, or being cognisant of any such desertion or intended desertion does not without delay give information thereof to his Senior Officer;

(2) uses violence against a Fire Officer;

(3) is disrespectful in word, act or demeanour to his Senior Officer;

(4) refuses to obey or wilfully disobeys or neglects to obey any lawful command;

(5) renders himself unfit for duty by intoxication or the effect of drugs;

(6) drinks intoxicating liquors when on duty;

(7) is drunk on duty or in any force lines or in any place while wearing uniforms;

(8) absents himself without leave;

(9) is asleep while on duty;

(10) being under arrest or confinement, leaves or escapes from his arrest or confinement before he is set at liberty;

(11) is guilty of cowardice;

(12) fires any firearm without orders or just cause;

(13) without cause fails to appear at any parade appointed by his senior officer;

(14) pawns, sells, loses by neglect, makes away with, wilfully damages or fails to report any damage to any arm, ammunition, accoutrement, uniform or other article supplied to him or any property committed to his charge;

(15) is in unlawful possession of any public property or any property of any other members of the force;

(16) solicit or accepts any fee, bribe or gratuity;

(17) is idle or negligent on the performance of his duty;

(18) is slovenly, inattentive, uncivil or quarrelsome;

(19) parades for duty dirty or untidy in his person, arms, clothing or equipment;

(20) without due authority discloses or conveys any information concerning any Force matter;

(21) makes or signs any false statement in any official record or document;

(22) makes or joins in making any anonymous complaint;

(23) malingers or feigns or wilfully causes any disease or infirmity;

(24) without proper authority extracts from any person carriage, porterage or provisions;

(25) makes any false statement on becoming a Fire Officer;

(26) refuses or neglects to make or sends any report of return which it is his duty to make or send;

(27) makes a false accusation against any Fire Officer knowing such accusation to be false;

(28) engages without authority in any employment other than his duty as a Fire Officer;

(29) wilfully disobeys any regulation on order of the Force;

(30) neglects or refuses to assist in apprehension of any member of the Force charged with any offence when lawfully ordered so to do;

(31) uses unwarrantable personal violence to any person whilst on duty;

(32) leaves his post before he is properly and regularly relieved except in sudden rush from danger or to an emergency;

(33) is guilty of any act, conduct, disorder or neglect to the prejudice of good order or discipline of the Force, or security of the Force, in violation of duty in his office, or any other misconduct as a member of the Force not hereinbefore specified,

shall be deemed to have committed an offence against discipline and shall suffer punishment according to the degree and nature of the offence in accordance with the provision of these Regulations.

67. Procedure at inquiry into disciplinary offence

(1) Where is appears to a Senior Fire Officer that there is a prima facie case against a Junior Fire Officer (hereinafter in this regulation referred to as the "defendant") for an offence against discipline, he shall frame a charge or charges against the defendant.

(2) The Senior Fire Officer aforesaid may–

(a) proceed to hear the charge or charges himself; or

(b) report the charge to the Commissioner, who may proceed to hear the charge or charges himself, or remit the case to the reporting officer with instructions to hear the charge or charges, or appoint another Senior Fire Officer to hear the charge or charges.

(3) The Senior Fire Officer shall inform the defendant of the day upon which the charge against him will be investigated and that the defendant will be required to appear and defend himself.

(4) The charge first be read over to the defendant who shall be required to plead guilty or not guilty to each charge separately.

(5) The defendant shall be given copies of or reasonable access to such Force records and other documents as he may require, which are necessary to enable him to prepare his defence, other than any records or documents in respect of which the Attorney-General is of the opinion that privilege could be claimed before a court.

(6) The Senior Fire Officer shall have the right to call such witnesses as he considers necessary for the proper hearing of the case and the defendant shall have the right to call such witnesses as he requires reasonably for his defence. If witnesses are examined by Senior Fire Officer, the defendant shall be given an opportunity to put questions on his own behalf to the witnesses, and no documentary evidence shall be used against him unless he has been previously supplied with a copy thereof or given access thereto.

(7) Evidence shall not be taken on oath.

(8) At the conclusion of the hearing the Senior Fire Officer shall announce his findings on each charge or may reserve his findings. As soon as the Senior Fire Officer announces his findings, he may make an award which he shall communicate personally to the defendant:

Provided that where the defendant is an Inspector and the Senior Fire Officer is of the opinion that the latter is guilty of the offence charged, but the offence is of such an aggravated nature as to warrant dismissal, the former shall not announce his findings or make an award, but shall report the matter to the Commissioner and the Commissioner may either refer the matter to the Permanent Secretary, under paragraph (5) of regulation 65, or himself make an award.

(9) The Commissioner may at any time before a finding has been communicated to an accused Junior Fire Officer, direct the Senior Fire Officer to review his findings upon any grounds he shall think fit:

Provided that nothing in this paragraph shall be deemed to authorise the review of a finding of not guilty.

(10) Upon any review under the preceding subregulation, the Senior Fire Officer may re-hear the case in whole or in part, and may take further evidence.

68. Punishments generally

(1) Any one or more of the following punishments may be awarded by a Senior Fire Officer on a junior officer who is found guilty of an offence against discipline–

(i) reprimand or severe reprimand;

(ii) extra duties or fatigues not exceeding four;

(iii) confinement to quarters not exceeding fourteen days;

(iv) a fine not exceeding one quarter of one month's salary;

(v) stoppage, withholding or deferment of any increment or salary for which the officer may be eligible;

(vi) reduction in rank, grade or seniority;

(vii) in the case of a charge relating to damage or loss of Government property, payment of the value of the property damaged or lost;

(viii) in case of a Junior Fire Officer below the rank of Assistant Inspector, dismissal.

(2) A punishment awarded by Senior Fire Officer on an Inspector shall be subject to confirmation by the Commissioner.

(3) A punishment awarded by Senior Fire Officer on a Junior Fire Officer below the rank of Assistant Inspector being a fine exceeding one thousand shillings, under paragraph (iv) or payment exceeding one thousand shillings under paragraph (vii) or subregulation (1) or any other punishment under paragraphs (iv) to (vii) shall be subject to confirmation by the Commissioner.

(4) Whether any punishment awarded by Senior Fire Officer under the provisions of this regulation requires the confirmation of the Commissioner, the Commissioner may vary or remit any punishment so awarded:

Provided that no punishment shall be increased or any punishment added unless the accused has been given an opportunity of being heard by the Commissioner.

(5) If, in the case of an Inspector, it appears to the Commissioner that the offence is of such an aggravated character as to merit dismissal, he shall report the same to the Permanent Secretary together with a record of all the proceedings therein and his recommendations, where the Permanent Secretary does not dismiss the officer or award any other punishment specified in subregulation (1) of this regulation but remits the case to the Commissioner, the Commissioner may award any punishment which he has power to award under subregulation (1) of this regulation.

69. Appeals by Inspector to Permanent Secretary

(1) An Inspector aggrieved by an award made by or confirmed by the Commissioner may within seven days on the notification to him thereof, appeal in writing against the same to the Permanent Secretary.

(2) Upon such appeal, the Permanent Secretary may either allow or dismiss the appeal or may uphold the finding and confirm or remit the punishment or substitute any other punishment which could have been imposed in accordance with subregulation (1) of regulation 65.

(3) Any Junior Fire Officer below the rank of Assistant Inspector aggrieved by any finding or award may, within seven days, of the notification thereof to him, appeal in writing to the Commissioner and the Commissioner may confirm or vary any finding or confirm or remit any punishment awarded, and in all such cases the decision of the Commissioner shall be final:

Provided that where the final decision of the Commissioner is dismissal or discharge, the accused Junior Fire Officer may, within seven days of the notification to him thereof, appeal in writing to the Permanent Secretary and the Permanent Secretary may confirm or vary any finding or confirm or remit the award and in all such cases the decision of the Permanent Secretary shall be final.

(4) Where the Commissioner hears any new evidence on appeal, he shall give the appellant an opportunity of being present and putting questions to any witness so heard.

(5) In every case in which an appeal is lodged, the punishment shall be suspended during the hearing of the appeal.

C. Grave or Repeated Offence and Desertion (reg 70)

70. Criminal offences in respect of disciplinary matters

(1) In every case where it shall appear to the officer investigating any charge under regulation 64 that the offence would, by reason of its gravity or by reason of previous offence for any other reason, not be adequately punished by any of the punishments mentioned in regulation 65, such officer shall defer awarding punishment and shall report the proceedings to the Commissioner. The Commissioner may return the report for such further inquiry as he may deem necessary, or he may re-hear or he may order the accused to be taken before a magistrate and be tried for an offence against this Part of these Regulations.

(2) Any enlisted Fire Officer who, while still a member of the Force deserts therefrom shall be taken before a magistrate and tried for an offence against this Part of these Regulations.

(3) Where a Fire Officer is taken before a magistrate under this regulation, he shall be tried in the same manner as if he were with any other offence in a district court and shall be liable on conviction to a fine not exceeding three months pay or imprisonment for a term not exceeding six months or to both such fine and imprisonment:

Provided that no proceedings shall be taken against any member of the Force under this regulation in respect of any offence for which he has already been punished under any of the preceding regulations, or under regulation 64 in respect of an offence if he has previously been acquitted or convicted of such offence by a magistrate under this regulation.

(4) Nothing in the proviso to paragraph (3) of this regulation shall be construed as limiting or restricting the powers conferred on the Commissioner by regulation 68.

(5) Any Fire Officer who is ordered to be taken before a magistrate under subregulation (1) of this regulation, or any person suspected on reasonable grounds of being guilty of desertion, may be arrested without a warrant by a Fire Officer of equal or senior rank.

D. Pay not to Accrue during Imprisonment or Absence (regs 71-73)

71. Dismissal and reduction in rank of Fire Officer on conviction

(1) The Commissioner may reduce in rank or grade or may dismiss from the Force any junior officer who has been convicted by any court of any offence, whether under the Fire and Rescue Services Act *, these Regulations or otherwise, unless such officer has successfully appealed against such conviction and in the event of dismissal, all arrears of pay due to such officer may be forfeited by order of the Commissioner.

(2) No pay shall accrue to any Junior Fire Officer in respect of any period during which he is undergoing any sentence of imprisonment or during which he is absent without leave.

72. Fines to be recovered by stoppage of pay

(1) All fines or payments awarded against a Fire Officer in respect of offences under these regulations may be recovered by stoppage of the offender's pay due at the time of committing such offence or thereafter accruing due.

(2) The amount of stoppage in respect of any fine for any other cause authorised by these Regulations shall be at the discretion of the Commissioner but shall in no case exceed one half of the pay.

73. Interdiction and suspension

(1) The powers of disciplinary authority specified in regulations 40 and 41 these Regulations may be exercised with regard to any Junior Fire Officer by the Commissioner.

(2) A Fire Officer shall not, by reason of his being interdicted from duty, cease to be a member of the Force. During the term of such interdiction, the powers and duties invested in him as a Fire Officer shall be in abeyance, but he shall continue subject to the same responsibilities, discipline and penalties and the same authority as if he had not been interdicted.

FIRST SCHEDULE

(Regulation 26)

FRF 1
FORM OF DECLARATION ON ENLISTMENT

THE UNITED REPUBLIC OF TANZANIA FIRE AND RESCUE SERVICES FORCE

The Fire and Rescue General Regulations

(Regulation 26)

I, ...................................................................................................... do solemnly and sincerely declare that I will be faithful and bear true allegiance to His Excellence the President of the United Republic of Tanzania and that I will faithfully serve His Excellence the President of the United Republic of Tanzania during my service in Fire and Rescue Services Force and will obey all orders of the Force and of the Officers placed over me, and will subject myself to all Acts, Orders and Regulations relating to the Force now in force or which may from time to time be in force.
	.................................................... (Signature of Fire Officer)
Declared at ............................... this ......................... day of ......................... 20........
	Before me: .................................................. (Signature of Magistrate or Senior Fire Officer)

SECOND SCHEDULE

(Regulation 28)

FRF 2
CERTIFICATE OF DISCHARGE FORM

FIRE AND RESCUE SERVICES FORCE

THIS CERTIFICATE HAS BEEN ISSUED WITHOUT ANY ALTERATION OR ERASURE WHATSOEVER. NO DUPLICATE WILL BE ISSUED. IF FOUND, IT SHOULD BE RETURNED TO THE COMMISSIONER OF FIRE AND RESCUE SERVICES FORCE
(To be filled by the officer in charge)
Name: .................................................................... Rank ............................................... No. ............................... Cause of Discharge: ...................................................................
Place and Date of Discharge: ............................................................................................
Age: ................................ Height: ...................................... Marks: .................................
Medals awarded whilst in Fire and Rescue Services Force: ....................................................
Right thumb print	Length of Service ............................................................................
Qualifications .................................................................................
Character .......................................................................................
Intended place of Residence ............................................................
Place ............................................................................................
Date ............................................ 20........
		........................................................... Signature of Officer Carrying out the Discharge
NOTES
1. Efficiency and general conduct are assessed as "Very Good", "Good", "Satisfactory" (i.e. normal or average), "Indifferent" or "Poor".
2. When the officer's period of service exceeded six months and the officer was dismissed because of a serious but isolated act of misconduct, or the appointment was terminated because of a marked deterioration of the officer's efficiency and/or conduct and his efficiency and/or conduct had previously been consistently very good, good or satisfactory, this may be indicated by some such note as "Good" except for act of misconduct leading to dismissal or "Good" until the deterioration leading to the termination of his appointment.
3. The certificate will be signed by the Head of the Officer's Unit/Division.

THE LOCAL GOVERNMENT SERVICE (STAFF CODE OF CONDUCT) REGULATIONS

(Section 20A of Act No. 10 of 1982)

[4th August, 2000]

G.N. No. 279 of 2000

PART I
PRELIMINARY PROVISIONS (regs 1-3)

1. Citation>

These Regulations may be cited as the Local Government Service (Staff Code of Conduct) Regulations.

2. Application

These Regulations shall apply to all Local Government Authorities established in accordance with section 5 of the Local Government (District Authorities) Act *, and section 5 of the Local Government (Urban Authorities) Act *, and shall be read together with the Local Government Staff Regulations.

3. Interpretation

In these Regulations unless the context requires otherwise–

"Act" means the Local Government Service Act *;

"Commissioner" means the Ethics Commissioner appointed under section 20 of the Public Leadership Code of Ethics Act *;

"complaint" means a complaint made against a staff member of the coun>cil regarding his conduct and duly filed with committee responsible >for staff ethics under these Regulations;>

"conflict of interest" means a situation where a person who has a re>sponsibility to be involved in making an impartial, or unbiased deci>sion is himself a part to, or has a direct or indirect pecuniary or per>sonal interest upon which one will benefit or expect to benefit from >the decision to be reached;>

"corrupt practice" means and includes any dishonest behaviour done by >a local government officer acting in public office or on his or her own behalf which involves corruptly soliciting, receiving, giving or agreeing to receive any gift, loan, fee, reward or advantage in con>sideration of doing or forbearing to do anything in connection with >the council;>

"councillor" means a member of the council;

"Director" means a District Executive Director of a district council or a Director of a town, municipal, or city council;

"disclosure" means and includes revealing a fact or information known to oneself that is required to be revealed in accordance with these >regulations;>

"Ethics Committee" means a committee of the council responsible for >ethics under these Regulations;>

"Local Government Act"–

(a) when used in relation to district authorities means the Local Government (District Authorities) Act *; and

(b) when used in relation to Urban Authorities means the Local Government (Urban Authorities) Act *;

"local government authority" means a District Council or an Urban Council;

"local government office" means an office of emolument in the Local Government Service;

"local government officer" means a person holding or acting in a local government office but does not include employees in auxiliary grades;

"local government staff" means an employee who is employed by or is >in the service of a local government authority but does not include a >casual labourer;>

"local government staff regulations" means regulations made by the Minister pursuant to the provisions of section 33A of the Act;

"maladministration" means and includes a failure or negligence to properly discharge public responsibility or a breach or abuse of laid down >procedures;

"management functions" means the functions the implementation of which calls for technical knowledge, experience or speciality;

"member" means a member of a council elected in pursuance of the provisions of the Local Government (Elections) Act *, and includes a member of Parliament and other members of the council who are members pursuant to the provisions of the Local Government Acts *;

"Minister" means the Minister for the time being responsible for local >government;

"misconduct" includes any act done without reasonable excuse by a local government officer which amounts to a failure to perform in a proper manner any duty imposed on him or displaying >behaviour prejudicial to the efficient conduct of council affair or tends >to bring the council into disrepute or damage the integrity or confidence of the public in the council;>

"Political party" means a political party registered under as such in accordance with the provisions of the Political Parties Act *;

"standards" means the standards set by the Council in conformity with >National Standards.>

PART II
GOVERNMENT PRINCIPLES, VISION, MISSION AND OBJECTIVES (regs 4-7)

4. Vision

A local government officer shall in the discharge of his responsibilities be guided by principles of efficiency, effectiveness, diligence, discipline, honesty and should be client service oriented.

5. Mission

The mission of local government staff shall be to implement council policies, programmes and decisions and to assist councillors in a professional, technical and effective manner in carrying out their representative and decision making functions.

6. Objective

The objective of these Regulations is to prescribe rules of conduct which will enable local government staff to discharge their responsibilities in an ethical, efficient and effective manner.

7. General principles to be >invoked >by the Code>

A local government officer shall at all times exhibit the highest >standards of personal conduct in the performance of his duties and >shall observe the following principles of conduct namely:>

(a) that he will always conduct himself in such a way as to protect public confidence in the council;

(b) that he upholds the laws, and acts on all occasions in accordance with the public trust placed in him;

(c) that he assists the council to act as far as possible in the interest of the whole community of the council in which he is employed;

(d) that he does not use his position for personal, family or friend's >financial benefits, preferential treatment or other advantage;

(e) that he does not put himself in a situation whereby his integrity becomes doubtful;

(f) that he is accountable to the council and the council's wider community for his actions and the decisions made by the council;

(g) that he is open as possible in all of his actions and his contributions >in reaching decisions and he shall seek to ensure that reasons for >decisions of the council are given;>

(h) that he will give advice to the council impartially, on merit of the matter in consideration, and without being influenced by the views of others, particularly in carrying out public business, making public appointments, awarding contracts or recommending individuals for rewards and benefits;

(i) that he will ensure confidential information, including information about individuals is handled in accordance with the law and public interest and are not used for personal or private purposes;

(j) that he or she shall avoid conflict of interests and where he has a conflict of interest on a matter in consideration, he shall refrain >from discussion, advising or participating in decision making;>

(k) that he will declare any private interest relating to his public du>ties at the meeting of the council or committee and refrain from >taking part in advising, attending the meeting or doing anything in >respect of the matter in consideration;

(l) that he will respect the role of other staff and officers, and treat them in a manner that promotes mutual respect at all times and he >shall always–

(i) refrain from any conduct which might impair his performance;

(ii) be ready and willing to work at any duty station when required to do so in accordance with the laid down procedures;

(iii) avoid the use of foul, rude or abusive language;

(iv) maintain punctuality at work and in official appointments and >avoid absenteeism or excuse from duty without authorization or reasonable cause.>

PART III
PERSONAL ATTRIBUTES (regs 8-11)

8. Openness, honesty >and i>ntegrity>

A local government officer shall–

(a)> be fair, open, truthful, intellectually honest and free of conflict of >interest; and>

(b)> c>onduct himself in such a manner as will protect councils integrity and enhance the confidence of the public in the council.>

9. Ethical behaviour

For the purposes of enhancing public confidence a local government officer shall observe the highest standard of ethical behaviour at all times when he remains a council employee.

10. >Liabilities >and personal >associates>

A local government officer shall not abuse his public trust and confidence by:

(a) borrowing to the extent of being unable to repay the debts or to the extent of discrediting or compromising his ability to act and make decisions with impartiality;

(b) associating with individuals of doubtful character so as to dam>age public image, trust and the confidence which people have in >the council.>

11. Sexual re>lationship

(1) A local government officer shall not have a prohibited sexual >relationships with fellow members of staff or members of the council.

(2) For the purpose of subregulation (1) prohibited sexual relationship means a sexual relationship between persons who are not spouses to each other.

PART IV
PERFORMANCE STANDARDS AND MODUS OPERANDI (regs 12-19)

12. >Adherence to established standards>

A local government officer shall be required to understand the established performance indicators, means, procedures and system of measuring those indicators and adhere to, and work towards the achieve>ment of the standards set out nationally and by the Council.>

13. Officers' conduct and perfor>mance of >duties

(1) A local government officer shall devote his time, mental, physical and moral capability in performing his work as an individual and as a member of the community of the area of the jurisdiction of the >Council.

(2) A local government officer shall be dedicated and committed to the concepts of an efficient, effective, representative and participatory >democratic local government.>

14. Officers to be >efficient >and effective >in their >work>

(1) A local government officer shall recognize that the main >function of local government system is the provision of services and work towards the development of the social and economic welfare of >the people and shall always assist and support them towards economic >empowerment and poverty eradication in accordance with approved plans and programmes of the council.>

(2) A local government officer shall affirm the dignity and worthi>ness of the services rendered by the Local Government Authority and maintain constructive, creative, and proactive attitude towards local government affairs.>

15. Achievement of performa>nce sta>ndards>

In discharging his duties a local government officer shall conduct himself in a manner as to ensure that he–

(a) achieves the optimum standard of service delivery and conduct in conformity with national and council performance indicators and standards set out in that regard;

(b) works conscientiously, diligently with discipline and professionalism;

(d) >dedicates his time, skill and expertise to attain performance standards and goals of the council by using the national performance >indicators;

(e) >constantly strives to improve his skills, knowledge and attitude in order to improve performance and productivity.>

16. Rules of conduct, merit and integrity

(1) A local government officer shall be dedicated to the highest >ideals of honour and integrity in all public and personal relationship in order that the officer may merit the respect and confidence of councillors, other officers and the general public.

(2) >A local government officer shall always be confident and shall demonstrate his ability and capacity in providing technical and professional assistance to councillors, and in carrying out council policies and decisions faithfully, on basis of fairness, terms of employment, adher>ence to laws and other principles of good governance.

(3) >A local government officer shall abide by the principles of fair>ness, meritocracy and impartiality when exercising delegated functions >in respect of matters concerning recruitment, appointments, salaries, promotions, discipline and training of local government officers.>

(4) A local government officer shall not give false information, which >is intended to mislead the public or discredit the image of the council.>

17. >Privileged, confidential, classified and secret information>

(1) A local government officer shall not use or disclose any information, which is availed to him or her in the exercise or discharge >of his powers and responsibilities the disclosure of which is prohibited under the provisions of National Security Act *, or any subsidiary legislation made under it.>

(2) Any information obtained or accessed by a local government of>ficer which–>

(a) has been determined by the council or committee to be privileged, confidential, classified or secret;

(b) >is by virtue of any law restricted information or classified material;

(d) has been discussed in any committee of the council and has not >been authorized or has not been brought for discussion in a meeting of the full council,

shall not be disclosed or used by a local government officer for the purpose of obtaining any benefit for himself or any other person.

18. Disclosure of information and communication with the press

(1) A local government staff shall not make any disclosure of official information or communicate with the press unless he has obtained a proper authorization from the Director.

(2) Notwithstanding subregulation (1) of this Regulation, no local government staff shall make any disclosure of information on behalf or in respect of council affairs after he has ceased to be an employee of the council.

19. Compliance with other code of conduct

Local government staff shall understand and abide by these >Regulations, Code of Ethics and Code of Conduct for the Public Ser>vants and any other professional code of ethics relevant to his or her >profession.>

PART V
COUNCIL PROPERTY, TRANSPARENCY AND ACCOUNTABILITY (regs 20-22)

20. Council property and resources

Local government staff shall safeguard properties and other re>sources of the council and ensure efficiency and cost effectiveness in >the use of council resources by avoiding and preventing damage, loss or >misappropriation of the council property and resources.

21. Use of Council properties and resources

Local government staff shall ensure that council funds, resources o>r other property are applied and used for the following purposes:

(a) official business or transactions;

(b) discharging of council responsibilities;

22. Transparency and accountability .

In the day to day discharge or exercise of responsibilities in the delivery of services, a local government officer shall be–

(a) guided by the principles of transparency, accountability, meritocracy, representative and participatory democracy;

(b) accountable to the Government, the Council, his superiors and residents of the council for his actions, omissions, decisions and advise;

(d)> >use all official hours for official duties.>

PART VI
CONFLICT OF INTEREST, INTEGRITY AND POLITICAL NEUTRALITY (regs 23-32)

23. Prohibi>tion of >conflicting activities>

A local government officer shall not engage in business or professional activities, which would conflict with the activities assigned to >him while his employment subsists.

24. Respect >of, and >demarca>tion of roles>

A local government officer shall not, while performing their advisory functions, assume policy and decision making powers of the council.

25. Officer not to be interested in contracts

(1) Except as may be authorized by resolution of the council, no local government staff shall have any interest or concern, direct or indirect in any bargain, contract or arrangement of any kind made by or >with the council.

(2) Nothing in this provision shall apply to any interest, in a contract >or other work which a local government officer may have as a rate payer >or resident of the area of jurisdiction of the council.>

26. Conflict of interest

(1) A local government officer shall not involve himself in the >discussion, consideration, advice, and decision in any contract or any >matter in which he has any direct or indirect pecuniary or personal inter>est.>

(2) For purposes of enhancing public confidence a local government >officer shall observe the highest standards of behaviour in his day to day >activities as a local government officer and shall comply with the provi>sions of section 71 of the Act regarding conflict of personal or pecuniary interests in performing his day to day duties.

27. Disclosure >of interest

(1) It shall be the duty of a local government officer to disclose to the council, committee and any decision making organ of the council any conflict of interest, which may arise or likely to arise on a matter he >has a direct or indirect pecuniary or personal interest, and thereafter he shall desist from taking part in the discussion or providing advice on that matter.>

(2) For purposes of this regulation any matter in which a spouse, a child, mother, father, sister, brother, in-laws, or other family members, a partner, his nominee or a company in which he is member, shareholder or debenture holder has direct or indirect pecuniary or personal interest >shall be deemed to constitute an interest for disclosure by him.

28. Register

(1) Every Director shall keep and maintain a register in which the particulars of any disclosure made by a local government officer >pursuant to the provisions of these regulations shall be recorded.

(2) It shall be the duty of a local government officer to record or to cause to be recorded into the Register particulars of any disclosure relating to a matter which he has direct or indirect pecuniary or personal interest.

(3) The Director shall make available the register together with any >forms or information, which a local government officer has filed for scrutiny by members of the public and any organ responsible for the >enforcement of these Regulations.>

(4) Any register maintained by the Director pursuant to subregulation (1), shall be open for inspection during office hours by any member of the public.

(5) A local government officer who fail to comply with the provisions of this regulation shall be guilty of an offence under section 71A of the Local Government (District Authorities) Act *, and section 58 of the Local Government (Urban Authorities) Act *, and may be >proceeded against in accordance with section 96 of the Penal Code *.

29. Political im>par>tiality>

(1) Local government staff shall not participate in any political activity save as provided for under these Regulations–

(2) In participating in political activities a local government officer shall be bound to observe the following restrictions, namely–

(a) to restrain himself from active political activities that may likely undermine confidence in the public about neutrality and impar>tiality of public servants in government decision making;

(b)> conduct or engage himself in political activities only outside office premises and after office hours;

(c)> >not take part in political activities, which may likely compromise >his loyalty to the council;

(d)> >not pass or disclose any information or documents availed to or accessed by him as a local government officer to a political party;>

>(e)> >to discharge their responsibilities with political neutrality and >impartiality;>

(f)> >to implement policies of the Government of the day;>

>(g)> to provide services with fairness;

(h) to conduct himself with the highest standard of professional ethics.

30. >Restriction in participating in political activities>

(1) Save to the extent to which a local government officer may participate in political activities in accordance with Regulation 29, the em>ployment of a local government officer shall be determined and terminate upon–>

(a) contesting any post in the office of any political party;

(b) contesting an elective political post provided for under the United Republic of Tanzania Constitution;

(c)> >contesting an elective political post in respect of Mtaa Committee, Kitongoji Chairman and Village Council.>

(2) Notwithstanding the generality of subregulation (1), the deter>mination and termination of employment of a local government officer >shall be–>

(a) in the case of a local government officer contesting for any post in the office of the political party, the date he registers as a candi>date for the post;

(b) in the case of a local government officer contesting for an elective >political post provided for under the United Republic of Tanzania Constitution or an elective post in respect of Mtaa Commit>tee, Kitongoji Chairman or Village Council on the date he is declared to have been elected to the elective political post.>

31. Gift rewards and hospitality

A local government officer or any member of his family shall not receive gifts, presents in the form of goods, money entertainment or service that may be regarded as compromising his integrity or undermining his impartiality.

32. Personal gain

A local government officer shall not use his public position or any legal relationship arising therefrom like privilege, trusteeship or confidentiality in order to–

(a) obtain or procure any private gain or improper benefit to himself or other persons;

(b) obtain financial interest in any business or transaction with the Council;

(d) solicit, accept or give any gift, reward or any other thing or favour be it a consideration or not;

(e) lobby or represent some personal interest or the interest of a particular group >or organization commercial or otherwise, before the council or> committee so as to be in conflict with the proper discharge of his p>ublic duty or for a consideration paid or promised.>

PART VIII
BREACH OF CODE AND ENFORCEMENT MECHANISM (regs 33-40)

33. Offences and breaches of these Regulations

A local government officer commits a breach of these Regulations if–

(a) he does or cause to be done or permits or suffers to be done anything contrary to or otherwise than as provided by these Regulations;

(b) he omits or neglects to do, or knowingly permits or suffers to be done anything which accord>ing to the true intent, meaning and spirit of these Regulations ought to be done by that person at the time and in the manner provided >for in these Regulations; or

(c)> >he fails to refrain from doing anything which under these Regula>tions that person is require to refrain from doing; or

(d)> >he refuses or neglects to comply with any notice or direction given in accordance with the provisions of these Regulations; or>

(e)> >he obstructs or hinders any officer, employee, committee or agent of the council in the performance of any duty lawfully being discharged by such person on enforcing these Regulations; or>

(f)> he does anything or causes anything to be done for which a permit >or approval or consent from the council is required under these Regulations without first obtaining that permit, approval or consent >or other than in accordance with the conditions attached to that permit, >approval or consent; or>

(g)> >he for any purpose whatsoever knowingly or recklessly supplies false information to the council.>

34. General penalty

(1) A local government officer shall comply with the provisions of these Regulations.

(2) A breach of any provision of these Regulations shall constitute a disciplinary offence under the provisions of the Act and the Local Government Staff Regulations, 2000 or any other subsidiary legislation made under the Act, and shall be liable to a disciplinary punishment provided for under the Local Government Staff Regulations, 2000.

35. Committee responsible for personnel to be a body responsible for Staff Ethics

(1) The Committee responsible for personnel matters shall be >the committee competent to hear all complaints against a local government >officer who breaches these Regulations.>

(2) In discharging its responsibility under these Regulations, the committee responsible for personnel shall be responsible–

(a)> >giving advice to the council on implementation of these Regulations;>

(b)> investigating complaints on breach of the code of conduct by >staff and submit recommendations to the council for appropriate >action;

36. Who may >complain

A complaint may be presented by any one or more of the following persons namely–

(a) any person who has been or is likely to be affected by the act or decision made by a councillor;

(b) a councillor;

(d) any person resident in the area of jurisdiction of the council; or

(e) the committee responsible for personnel matters on its own motion.

37. Procedure for submitting complaint

(1) A complaint against a local government officer may be made >to the Director by the complainant in writing giving particulars of the breach or the complainant shall sign breaches of the code, and such complaint.>

(2) Where the complainant cannot write, he shall cause the facts of >the breach to be recorded by the Director and the complainant shall >endorse by a thumb print at the end of such narration.>

38. Commit>tee responsible for staff >matters to >adjudicate on com>plaints

(1) All complaints received by the Director shall be submitted to the committee responsible for ethics which upon receipt of the same >shall sit and adjudicate on the matter.>

(2) The Ethics Committee shall adopt its own procedure in hearing the complaints and may, include the calling upon witnesses to substantiate the allegations or the suspected local government staff to defend >himself.

39. Determination of complaints

Where the committee responsible for staff matters makes a determination of a complaint submitted before it and finds that the breach >made by the staff is:>

(a) an offence against any law it shall refer the matter to the Director for appropriate action;

(b) a breach against these regulations,

it shall proceed to deal with the matter in accordance with procedures laid down in the Local Government Staff Regulations.

40. Appeal

Any person aggrieved by a disciplinary action taken against him may appeal in accordance with procedure provided for under the Local Government Staff Regulations.

THE LOCAL GOVERNMENT DISTRICT AUTHORITIES (COUNCILLORS CODE OF >CONDUCT) REGULATIONS

(Section 170A of Act No. 10 of 1982)

[4th August, 2000]

G.N. No. 280 of 2000

PART I
PRELIMINARY PROVISIONS (regs 1-3)

1. Citation

These Regulations may be cited as the Local Government District Authorities (Councillors Code of Conduct) Regulations.

2. Applica>tion

These Regulations shall apply to all district councils established in accordance with provisions of section 5 of the Local Government (District Authorities) Act *.

3. Interpretation

In these Regulations unless the context requires otherwise–

"Act" means the Local Government (District Authorities) Act *;

"Code" means the Local Government (District Authorities) (Council>lors Code of Conduct) established under section 170A of the Act;

"Commissioner" means the Ethics Commissioner appointed under sec>tion 20 of the Public Leadership Code of Ethics Act *;

"complaint" means a complaint made against a member of the council regarding his conduct and duly filed with the Ethics Committee in >accordance with the provisions of these Regulations;

"conflict of interest" means and includes a situation where a councillor who has a responsibility to be involved in making an impartial, or unbiased decision is himself party to, or has a direct or indirect pe>cuniary or personal interest, upon which he will directly or indirectly benefit or expect to benefit from the decision to be reached;

"corrupt practice" means and includes any dishonest behaviour done by a councillor acting in public office or on his own behalf which involves corruptly soliciting, or receiving an advantage without reasonable cause and includes giving or agreeing to receive any gift, loan, fee, reward or advantage for doing or forbearing to do anything >in connection with the council;

"Council" means a district council established in accordance with the >provision of section 5 of the Act *;

"councillor" means a member of the council;

"Director" means the District Executive Director;

"disclosure" means and includes providing a fact or information known to oneself that would influence him in making a decision on the mat>ter in consideration;

"Local Government District Officer" means a person employed by or is in the service of a local government authority who holds or acts in a management post;

"maladministration" means and includes a failure or negligence to properly discharge public responsibility or a breach or abuse of laid down procedures;

"management office" means any office held or acted in any of the following offices:

(a) the office of the Chief Executive in a local government authority;

(b) a head of department of a local government district authority; and

(c) any other office approved by the council for the purposes of this >definition, and includes any local government district officer whose office is prescribed under the local government service >scheme as an office, the continued holding of which is a subject >to periodic examination as to proficiency and fitness to hold it;>

"member" means a member of the council elected in pursuance of the Local Government (Elections) Act *, and includes a Member of Parliament and other members of the council who are members pur>suant to section 35 of the Local Government (District Authorities) >Act >*;>

"Minister" means the Minister for the time being responsible for local government;

"misconduct" means and includes any act done or omitted to be done without reasonable excuse by a councillor which amounts to a failure to perform in a proper manner any duty imposed on him or displaying behaviour prejudicial to the efficient conduct of council affairs or tends to bring the council into disrepute or damage the integ>rity or confidence of the public in the council;

"Standing Orders" means standing orders made under section 70 of the >Local Government (District Authorities) Act *.

PART II
GOVERNING PRINCIPLES, VISION, MISSION AND OBJECTIVES (regs 4-7)

4. Vision

A councillor shall have a vision of a democratic, proactive, effi>cient, effective, honest, clientele service and goal oriented council.

5. Mission

A council shall in collaboration with fellow councillors, members of staff in the council and the general public work towards promoting sustainable economic development in their constituencies and the area >of the council as a whole.>

6. Objective

The objective of the code is to prescribe rules of conduct for councillors, so as to enable them to discharge their functions in a manner, which will build and sustain public trust and confidence in their local government authorities.

7. General principle to be invoked by the Code

A councillor shall at all times exhibit the highest standard of personal conduct in the performance of his duties and shall observe basic principles of conduct, namely:

(a)> >that he always conducts himself in such a way as to protect public confidence in the council;>

(b) that he upholds the laws, and his actions on all occasions are in >accordance with the public trust placed in him;

(c) that he assists the council to act as far as possible in the interest of the whole community of the council which he serves;

(d)> >that he does not use his position as a councillor for his personal, family's or friend's financial benefits, preferential treatment or other advantage;>

(e)> that he does not put himself in a situation whereby his integrity >becomes questionable;>

(f)> >that he is accountable to the electorate and the Council's wider community for his actions and the decisions made by the council;>

(g)> >that he is transparent in all of his actions and in giving his contributions for reaching collective decisions and that he will endeavour to support and explain council decisions to the elec>torate and other stakeholders;

(h) that he will make his decisions impartially, on merit of the matter >in consideration, and without being canvassed by views of >others, particularly in carrying out public business, making public appointments, awarding contracts or recommending individu>als for rewards or benefits;

(i) he will ensure confidential information about individuals is handled in accordance with the law and public interest and is not >used for personal or private purposes;

(j) that he shall refrain from discussion and voting on any matter in which he has a direct or indirect pecuniary or personal interest;

(k) that he declares any private interest relating to his public duties at >the meeting of the council or committee in which he is a mem>ber;

(l) that he will respect the role of the council staff and officers and treat them in a manner that promotes mutual respect at all times.

PART III
PERSONAL ATTRIBUTES> (regs 8-11)

8. Integrity and openness

Every councillor shall–

(a) be fair, open, truthful, intellectually and politically honest and >free of conflict of interest;

(b) conduct himself in such a manner as will protect the council's integ>rity and enhance the confidence of the public in the council.

9. Ethical behaviour

For purposes of enhancing public confidence, a councillor shall >observe the highest standard of ethical behaviour at all times when he remains a councillor.>

10. Sexual relationship

(1) A councillor shall not have prohibited sexual relationships with fellow members or members of staff of the council.

(2) For the purpose of subregulation (1), prohibited sexual relationship means sexual relationship between persons who are not spouses to each other.

11. >Liabilities and personal associates>

A councillor shall not abuse his public trust and confidence by–

(a) borrowing to the extent of not being able to repay the debts or to the extent of discrediting or compromising his ability to act and make unbiased decisions; or

(b) >associating with individuals of doubtful character so as to dam>age public image, trust and the confidence, which people might >have in the council.

PART IV
PUBLIC CONDUCT AND PERFORMANCE OF PUBLIC DUTIES (regs 12-18)

12. Councillors to observe the law, standing orders, >rules and >regulations>

(1) Each councillor shall in pursuance of his civic responsibility as a leader observe the Constitution of the United Republic of Tanzania, rule of law, standing orders, regulations, rules, code of conduct and work towards the promotion of good local governance.

(2) Every councillor shall ensure that he understands the rules gov>erning council operations, this code of conduct and council standing orders.>

(3) It shall be the responsibility of every councillor to seek appropriate clarification or advice on the proper application of the laws on all relevant occasions from the Director.

13. Commitment to grass-root development

(1) Every councillor shall promote a broad and consultative pro>cess in enhancing development at grass-root level within the area of >jurisdiction of the council.>

(2) Subject to the provision of subregulation (1), the councillor shall in discharging all his duties and responsibilities endeavour to ensure that every activity is performed in a democratic and participatory manner >and by involving grass-root community.

(3) It shall be the duty of every councillor to promote and ensure democratic participation and control of decision making by the people within the area of jurisdiction of the council.

14. Conflict of interest

(1) A councillor shall not involve himself in the discussion, consideration, decision on any contract in which he has any direct or indirect pecuniary or personal interest.

(2) A councillor shall in the performance of his duties have regard to the law relating to conflict of interest and disclose his interest in contracts or other matters, which are the subject of consideration in the council or committee of the council in accordance with regulation 15 of these Regulations.

(3) For purposes of enhancing public confidence a councillor shall observe the highest standards of behaviour in his day to day duties, and shall comply with the provisions of the law regarding conflict of personal or pecuniary interests in performing his day to day duties.

15. Disclosure >of interest>

(1) Before any person who has been elected to be a councillor assumes the office of the councillor he must discharge his responsibility under the law by disclosing his interest in any ongoing contract with the council in accordance with the provisions of section 40 of the Local Government (Elections) Act *, and such disclosure shall be published in the Kiswahili or English language newspaper circulating within the area of jurisdiction of the council in respect of which he has been elected a councillor.

(2) It shall be the duty of a councillor to disclose to the council, committee or any other decision making organ of the council any conflict of interest, which may arise or likely to arise on a matter which he has a direct or indirect pecuniary or personal interest, and thereafter he shall desist from taking part in any decision relating to that matter.

(3) For purposes of this regulation, any matter in which a spouse or a child, brother, sister, mother, father or other relative has direct or indi>rect interest be it pecuniary or otherwise shall be deemed to constitute >an interest for disclosure by a councillor.>

16. Register

(1) Every Director shall keep and maintain a register in which the particulars of any disclosure made by a councillor pursuant to the provisions of these Regulations shall be recorded.

(2) It shall be the duty of every councillor to record or to cause to be recorded into the register particulars of any disclosure relating to a mat>ter which he has direct or indirect personal or pecuniary interest.

(3) The Director shall make available the register together with any forms or information, which a councillor has filed, for scrutiny by members of the public and any organ responsible for the enforcement of these Regulations.

(4) Any register maintained by the Director pursuant to subregulation (1) shall be open for inspection during office hours by any member of the public.

(5) A councillor or any person who fails to comply with the provi>sions of this regulation shall be guilty of an offence under section 71A of the Local Government (District Authorities) Act >*, and may be >proceeded against in accordance with section 96 of the Penal Code *.

17. Personal gain

A councillor shall not use his public position or any legal relationship arising thereof like privilege, trusteeship or confidentiality in order to–

(a) obtain or procure any private gain or improper benefit to himself or other persons;

(b) obtain financial interest in any business or transaction with the Council;

(d) solicit, receive or give any gift, reward, favour or any other thing be it a consideration or not;

(e) lobby or represent some personal interest or interest of a particular group or organization, commercial or otherwise, before the council or committee that will be in conflict with the proper discharge of his public duty or for a consideration paid or promised.

18. Bribes, gifts and reward

(1) A councillor shall not personally or through another person solicit, demand, accept or receive a bribe, gift or reward from a person who he is attending, attended or is expecting to attend.

(2) A councillor or any member of his family shall not receive presents in a form of money, entertainment or service from a person that may be regarded as compromising the integrity of the councillor.

PART V
ASSETS, INCOME AND LIABILITIES (regs 19-20)

19. Lawful means of livelihood>

Subject to the duty of disclosure under this part every councillor must have lawful means of livelihood by being gainfully employed.

20. Declaration of assets, income and liabilities

(1) It shall be the duty of every councillor to make a declaration disclosing his assets, income and liabilities, and such a declaration shall include those of his spouse and those of his children who are under the age of minority.

(2) All declarations made under these Regulations shall be in a prescribed form and be deposited with the Director who shall enter them in a register kept for that purpose and such register containing details of disclosure of councillors' assets, income and liabilities shall be open for inspection by residents of the council free of charge.

(3) It shall be the responsibility of each councillor to update the declarations made under the provisions of these Regulations by making such supplementary declarations and deposit the same with the Director.

PART VI
POLITICAL POWERS, ACCOUNTABILITY, PRIVILEGES AND IMMUNITIES (regs 21-24)

21. Councillors political powers

(1) Every councillor shall perform his duties within the boundaries of his jurisdiction as imposed to him by law, regulations or standing orders.

(2) No councillor shall in the exercise of his political authority be allowed to–>

(a) use his political power or influence to obtain project funds or services, which have not been approved and included in the council plans or budget;

(b) influence or canvas others in reaching a decision regarding appointment, development, promotion, discipline or evaluation of council's employees performance;

(c) discriminate against persons within the area of jurisdiction of the >council on political, religious, ethnic or gender grounds;

(d) do any political activity which may cause inefficiency or mismanagement.

(3) Councillors shall in exercising and discharging their political functions and duties act impartially, objectively and be guided by facts and technical advice availed to them by council staff and, shall avoid any ideological or political prejudices.

22. Accountability

Every councillor shall be–

(a) accountable to the residents of his ward; and

(b) >accountable to the residents of the area of jurisdiction of the cou>ncil for his actions and decisions reached by the council.

23. Council property

No councillor shall use council properties, resources or facilities availed to him or provided by the council for use by him for discharge of >council duties and responsibilities for purposes other than those in re>spect of which they are intended.>

24. Privileges and immunities

(1) Subject to the limitations set out under the Act a councillor will have freedom of expression and speech in the conduct of the council and committee meetings.

(2) Councillors will in the exercise of their right of expression, be free to say, produce, submit and give any information before the council or committee meetings provided that anything said, produced or submitted or information given does not contravene the rules of debate provided for in the standing orders.

PART VII
COUNCILLOR-STAFF RELATIONSHIP (regs 25-28)

25. Decisions, orders and directives to be made in Council and Committee meetings

(1) All decisions, instructions, orders and directives given or issued during the discharge and exercise of the functions and powers vested in the council, shall be made by the council or its committee duly convened and held and directed to the Director or communicated for implementation in such other manner as may be determined by the council in accordance with the Standing Orders.

(2) A councillor shall not in his own capacity as a member of the council–

(a) interfere in the management or administration of any department;

(b) give or purport to give instruction, orders or directives to any employee or any agent of the council;

(c) obstruct or attempt to obstruct the implementation of the decision of the council or a committee by an employee or an agent of the council;

(d) encourage or participate in any conduct which would cause or contribute to maladministration in the council.

26. Councillor->staff rela>tions>

(1) Each councillor and each member of staff of the council shall in the performance of their public responsibilities develop mutual relationship, which will ensure effective, efficient and proper discharge and exercise of their distinctive functions.

(2) Notwithstanding the indispensable mutual respect between councillors and staff, each councillor and staff shall avoid close personal familiarity with council staff, which may be damaging and embarrassing, to both parties.

27. No interference in executive functions

A Councillor shall not assume or obstruct the management functions of the council, and in particular shall not engage or involve himself in–

(a) providing professional and technical management of the council >operations; or

(b) implementing the decisions of council or national policies >directly.

28. Councillors and staff misrepresentation

(1) Where a councillor or a local government officer knowingly or negligently give false information or provides bad advice, to the council, and in reliance of such information or advice a decision is made or taken as a result of which loss is occasioned to the council, such cou>ncillor or officer shall be severally or jointly liable for redressing the >loss so occasioned.>

(2) Notwithstanding the provisions of subregulation (1), a councillor shall not be liable for the information or advice, which he has given in good faith or under a mistaken belief that the information or advice was correct or true.

PART VIII
DISCLOSURE OF INFORMATION (reg 29)

29. Unauthorized disclosure

(1) A councillor shall not disclose any information, which is >available to him in the exercise or discharge of his powers and responsibilities, the disclosure of which is prohibited under the provisions of the National Security Act * or any subsidiary legislation made under it.>

(2) Any information obtained or accessed by the councillor which–

(a) has been determined by the council or committee to be privileged, confidential or secret;

(b) is by virtue of the provisions of any law restricted information or >classified material;

(d) has been discussed in any committee of the council where the public or press was not authorized and has not been brought for >discussion or confirmation in an open meeting of the council,

shall not be disclosed by the councillor or used by him for gaining any benefit or for the benefit of any other person.

PART IX
BREACH OF THE CODE AND ENFORCEMENT MECHANISM (regs 30-36)

30. Offences and breaches of the Regulations

A councillor commits a breach of these Regulations if–

(a) he does or causes to be done or permits or suffers to be done >anything contrary to or otherwise than as provided by these Regu>lations; or

(b) >he omits or neglects to do, or knowingly permits or suffers to be done anything which according to the true intent, meaning and spirit of these Regulations ought to be done by that person at the >time and in the manner provided for in these Regulations; or

(c) >he fails to refrain from doing anything which under these Regula>tions that person is required to refrain from doing; or

(d) >he refuses or neglects to comply with any notice or direction gi>ven in accordance with the provisions of these Regulations; or

(e) >he obstructs or hinders any officer, employee, committee or agent >of the Council in the performance of any duty lawfully being discharged by such person on enforcing these Regulations; or

(f) >he does anything or causes anything to be done for which a permit or approval or consent from the Council is required under these Regulations without first obtaining that permit, approval or consent other than in accordance with these Regulations or without complying with the conditions attached to that permit, approval >or consent; or

(g)> >he for any purpose whatsoever knowingly or recklessly supplies >false information to the Council.

31. Establishment of Ethics Committee

(1) Every Council shall establish and maintain an Ethics Committee which shall be responsible for–

(a) >giving advice to the council on implementation of these Regulations;>

(b) >investigation of allegations on breach of code of conduct by councillors and submit recommendations to the council for appropriate action;>

(2) The Ethics Committee shall consist of not more than five members appointed by the council from amongst elected members of the council.

(3) >The head of personnel department of the council shall be the >secretary to the Ethics Committee.>

32. Who may present a complaint

A complaint may be presented by any one or more of the following persons namely:

(a) any person who has been or is likely to be affected by the act or decision made by the councillor;

(b) >a fellow councillor;

(d) >The Ethics Committee on its own motion:

Provided that any other person may refer information about possible violations of these Regulations to the Ethics Committee for consideration upon which the committee may file a complaint if it deems appropriate to do so.

33. Procedure of submit>ting com>plaint>

(1) A complaint filed with the Ethics Committee shall be in writing on a form to be provided by the committee, or in an appropriate written form including information under subregulation (2) and signed by the complainant.

(2) >Where the complainant cannot write, he shall cause the facts of >the breach to be recorded by the Secretary and the complainant shall endorse by a thumb print at the end of such narration.>

(3) >A complaint shall include:

(a) The complainant's name except when the Ethics Committee may choose to issue a complaint based upon information provided by a person who refuses to be identified;

(b)> a> statement of the nature of the alleged violation or violations, date, time and place of each occurrence and name of person or persons responsible; and>

(c)> a>ll available documentation and other evidence including any >witnesses to the violation which the complainant is able to sup>ply to demonstrate a reason for believing that a violation of these Regulations has occurred.>

(4) A complaint which is incomplete or does not contain enough information to allege a violation of these Regulations will not be ac>cepted for filing.

(5) The Ethics Committee will not consider allegations in a properly >filed complaint that falls outside the jurisdiction of the committee but it >may refer the matter to the appropriate organ for consideration and appropriate action.>

34. Ethics Co>mmittee to >adjudicate complaints>

(1) All complaints received by the Secretary shall be submitted >to the Ethics Committee w>hich upon receipt shall determine to file or not to file the complaints in accordance with Regulation 32, and proceed to investigate, consider and adjudicate on the matter.>

(2) The Ethics Committee> shall adopt its own procedure in hearing complaints, which may include the summoning of witnesses to substantiate the allegations or the suspected councillor to defend himself.>

35. Determination of a complaint

Where the Ethics committee makes a determination of a complaint submitted before it and finds that the breach made by the councillor is:

(a) a criminal offence, it shall refer the matter to the body responsible for the criminal offences under the relevant law for appropriate action;

(b) in respect of an offence covered by the Public Leadership Code >of Ethics Act *, the Director shall refer the matter to the Commissions it no proceedings are preferred under these Regulations;>

>(c) a breach against these Regulations, it shall recommend to the council >which may impose upon the councillor against whom, the >complaint was made any one or more of the following penalties–>

(i)> issue a formal warning to the councillor;

(ii) reprimand the councillor;

(iii) surcharge the councillor;

(iv) report the councillor in the accountability report of the >full council.

36. Appeal

(1) A person aggrieved by the determination of the Council may >appeal to the Minister whose decision on any matter shall be final.>

(2) No appeal from the decision of the Council shall be entertained unless the aggrieved person has given notice of intention to appeal within fourteen days from the date of such decision.

THE LOCAL GOVERNMENT SERVICE REGULATIONS

(Section 33A of Act No. 10 of 1982)

[1st December, 2000]

G.N. No. 397 of 2000

PART I
PRELIMINARY PROVISIONS (regs 1-3)

1. Citation

These Regulations may be cited as the Local Government Service Regulations.

2. Application

These Regulations shall apply to all local government employees in local government authorities specified in the First Schedule to these Regulations.

3. Interpretation

In these Regulations unless the context otherwise requires–

"Act" means the Local Government Service Act *;

"approved establishment" means the establishment of posts in an employing authority established and approved in accordance with the provisions of these Regulations;

"Appointment Committee" means a Committee established under regulation 39 of these Regulations;

"Association" means the Association or Local Authorities for the time being recognised by the Minister as an association of local authorities pursuant to the provisions of the Local Government Negotiating Machinery Act *;

"Board" means the Recruitment Board established under the provision of regulation 28 of these Regulations;

"Chairman"–

(a) when used in relation to a district authority means the chairman of that authority;

(b) when used in relation to an urban authority, means the chairman of that authority, and in the case of a city or municipality the mayor of that city or municipality, as the case may be;

(c) when used in relation to any Committee or other body of persons, means the Chairman of that Committee or that other body of persons; and includes the Vice-Chairman or the Deputy Mayor of that authority, the Committee or of that other body of persons or that other person acting in the absence of the Chairman and the Vice-Chairman or the Deputy Mayor, when he or she exercises the functions or discharges the duties of the office of Chairman or Mayor as the Chairman or Mayor as the case may be;

"Committee" means a Committee of a Council established in accordance with the Local Government Acts *;

"Commission" means the Local Government Service Commission established by section 4 of the Local Government Service Act *;

"Council" means a District Council, a Town Council, a Municipal Council or a City Council specified in the First Schedule to these Regulations;

"Council Management Team" means a team of Council senior officers consisting of Council Director and heads of departments;

"interviewing panel"–

(a) when used in relation to recruitment of a Director means an interviewing panel established in accordance with regulation 12(4) of these regulations; and

(b) when used in relation to recruitment of a head of department means an interviewing panel established in accordance with regulation 19(4) of these Regulations;

"Director" means a District Executive Director of a District Council, or a Director of a Town Council, a Municipal Council or a City Council;

"employing authority" means any District Council established under section 5 of the Local Government (District Authorities) Act *, and an urban authority established under section 5 of the Local Government (Urban Authorities) Act *;

"Local Government Act", when used in relation to a district authority, means the Local Government (District Authorities) Act * and when used in relation to an urban authority, means the Local Government (Urban Authorities) Act *;

"local government office" means any office of emolument in the local government service;

"local government officer" means a person employed by or is in the service of a local government authority who holds or acts in a management office;

"local government staff" means an employee who is employed by or is in the service of a local government authority but does not include a casual labourer;

"management office" means any office held or acted in any of the following offices:

(a) the office of the chief executive in a local government authority;

(b) the office of the head of department of a local government authority;

(c) any other office approved by the Council for the purposes of this definition, and includes any local government officer whose office is prescribed under the scheme as an office the continued holding of which is subject to periodic examination as to proficiency and fitness to hold it;

"Minister" means the Minister for the time being responsible for local government;

"Ministry" means the ministry responsible for local government;

"misconduct" means any act done without reasonable excuse by a local government officer which amounts to a failure to perform in a proper manner any duty imposed upon him as such or contravenes any enactment relating to the public service, or is otherwise prejudicial to the efficient conduct of the public service or tends to bring the public service into disrepute;

"public officer" means and includes every public officer performing duties of a public nature whether under the immediate control of the President or not and includes an officer under the control of a local authority or public corporation;

"Regional Commissioner" means a Regional Commissioner of a region in which a specified Council is located;

"Secretary" means the Secretary to the Local Government Service Commission;

"Sector Ministry" means a Ministry whose policy is being implemented by a local government authority;

"specialised service commission" means a service commission other than the Local Government Service Commission specifically established to regulate the services of a particular cadre in the service of a local government authority;

"specified local government authority" means a local government authority specified in the First Schedule to these Regulations.

PART II
THE ROLE AND FUNCTIONS OF THE LOCAL GOVERNMENT AUTHORITIES, THE MINISTER RESPONSIBLE FOR LOCAL GOVERNMENT, SECTOR MINISTRIES, AND LOCAL GOVERNMENT SERVICE COMMISSION (regs 4-7)

4. Role and functions of local government authorities

The roles and functions of local government authorities in relation to the local government staff shall be–

(a) to employ, appoint, remunerate, promote, develop, discipline and dismiss its own staff, as prescribed in these Regulations;

(b) to develop and approve Council staff plans;

(c) to ensure there is appropriately trained and qualified staff in each approved post having regard to Public Service Management and Employment Policy and Council staff plans; and

(d) to ensure compliance with nationally prescribed standards, qualifications and manning levels.

5. The roles and functions of the Minister

The roles and functions of the Minister in relation to staff employed by local government authorities shall be those stipulated in the Local Government Service Act *, and he shall in particular perform and exercise the following functions:

(a) to ensure adequate financial and other resources for various sectors so as to ensure the effective and efficient development of local government authorities;

(b) to co-ordinate central-local relations between government ministries and local government authorities and in particular to ensure the availability and adequate supply of appropriately trained, skilled and qualified staff for work in various sections or aspects of local government;

(c) in consultation with sector ministries to guide local government authorities on training of staff and academic qualifications required for various categories of local government employees;

(d) to co-ordinate training programmes carried out by sector ministries for local government staff;

(e) to co-ordinate the establishment and operation of schemes of services for local government employees;

(f) to formulate, in keeping with national employment policy, a regulatory framework on employment and the management of local government staff;

(g) in consultation with sector ministries to formulate local government staff development and training policy;

(h) to co-ordinate and monitor the performance of local government authorities for compliance with national policies, guidelines and standards;

(i) in consultation with sector ministries to prescribe minimum qualifications and standards for local government staff;

(j) to be an appointing and disciplinary authority for category "A" staff;

(k) to monitor the performance of the Local Government Service Commission, local government authorities, recruitment boards and any other organ, or person responsible for the affairs of local government staff for their compliance with national policies, guidelines and standards;

(l) to be final appellate authority in respect of category "B" staff.

6. The roles and functions of the sector ministries

The roles and functions of sector ministries in relation to staff employed by the specified local government authorities shall be to–

(a) provide technical assistance and training and ensure the availability of training opportunities that will provide qualified and skilled personnel in various field of local government;

(b) prescribe and provide technical inputs, and liaise with the commission on matters relating to schemes of service;

7. The roles and functions of the Local Government Service Commission

The roles and functions of the commission in relation to the specified local government authorities, shall be–

(a) to provide guidance to local government authorities on matters regarding employment policies;

(b) to provide guidance to local government authorities on the establishment and operation of schemes of service for local government employees;

(c) in consultation with sector ministries to advise the specified local government authorities on training and academic qualifications required for various categories of local government employees;

(d) to recruit category "A" staff for subsequent appointment by the respective appointing authority;

(e) to administer local government service examinations; and

(f) perform such other advisory functions on local government staff matters as the Minister may direct from time to time.

PART III
RECRUITMENT AND APPOINTMENT PROCEDURES (regs 8-43)

8. Categories of staff

There shall be three categories of staff in a specified local government authority as follows–

(a) category "A", comprising of the Director and heads of departments;

(b) category "B", comprising of all officers other than those in category "A" and "C"; and

9. Service agreement

A local government officer appointed to a post in the specified local government authorities will be required to enter into a service agreement with the local government authority in respect of which he is appointed to serve as specified in the Fifth Schedule to these Regulations.

A. RECRUITMENT AND APPOINTMENT OF DIRECTORS
AND HEADS OF DEPARTMENTS (regs 10-27)

10. Office of Director

There shall be a District Executive Director in respect of each District Council, and a Director in respect of each Town, Municipal and City Council established in accordance with the provisions of the Local Government (District Authorities) Act * and the Local Government (Urban Authorities) Act *.

11. Appointing authority for Directors

(1) A district executive Director of a district Council and a Director of Town or Municipal Council shall be appointed by the Minister in accordance with the procedure provided for in this part.

(2) A Director of a City Council shall be appointed by the President on the advice of the Minister in accordance with the procedure provided for in this part.

12. Recruitment procedure for Directors

(1) Where there is a vacancy for a post of a Director, the Council shall notify the Commission, which shall immediately advertise the vacant post in a newspaper circulating nationally or in such other manner as may reach the residents of all local government authorities calling upon qualified and interested applicants to apply for the post.

(2) Applicants for the post under subregulation (1) shall be required to submit their letters of application together with copies of certificates or testimonials and curriculum vitae, to the Secretary of the Commission.

(3) The Secretary shall, after receiving all letters of application prepare a full list of all the applicants indicating those best qualified to appear before the Commission for interview, on an appointed date, time and place.

(4) The Commission shall appoint an interviewing panel which shall include a representative of the ministry responsible for local government.

13. Interview procedure for Director

(1) The Commission shall prepare guidelines, questions and marking schemes to be used, so as to ensure objectivity, consistency and to measure the right qualities of the applicants.

(2) The applicants who appear before the Interviewing Panel for interview shall, be required to submit their original certificates or testimonials, curriculum vitae and other relevant documents.

14. Selection of candidates

(1) The interviewing panel, shall after the interview propose not more than three and not less than two suitable candidates for the post and submit their names in order of merit to the commission.

(2) The Commission shall forward the names of these candidates to the relevant Council, which shall in turn submit their preferred selection to the Minister who shall appoint one amongst the names of candidates submitted to him to be a Director.

15. Letters of appointment of Directors

Where an appointment of a Director has been made in accordance with regulation 14, the Permanent Secretary of the Ministry shall send a letter of offer of appointment to the person so appointed.

16. Employment and accountability of Director

A Director appointed under regulation 14, and who has been served with a letter of appointment by the Permanent Secretary of the Ministry under regulation 15, shall be employed by and accountable to the Council in respect of which he has been so appointed.

17. Office of head of department

There shall be a head of department for each department established in relation to each District Council, Town Council, Municipal Council and City Council.

18. Appointing authority for head of department

Heads of departments of district, town, municipal or city councils shall be appointed by the Minister in accordance with the procedure provided for under these Regulations.

19. Recruitment procedure for head of department

(1) Where there is a vacant post for a head of department the Director shall notify the Commission, which shall immediately advertise the vacant post in a newspaper circulating nationally or in such other manner as may reach the residents of all local government authorities, calling upon qualified and interested applicants to apply for the post.

(2) Applicants for the post shall be required to submit their letters of application together with copies of certificates or testimonials, curriculum vitae and other relevant documents to the secretary of the Commission.

(3) The Secretary shall after receiving all letters of application prepare a full list of all applicants indicating those best qualified to appear before the commission for interview, on and appointed date, time and place.

(4) The Commission shall appoint an interviewing panel, which shall include one representative of the ministry, an expert from the relevant sector ministry and representative from specialised service Commission for the purposes of interviewing the short listed candidates.

20. Interview procedures for heads of departments

(1) The Commission shall prepare guidelines, questions and marking schemes to be used, so as to ensure objectivity, consistency and to measure the right qualities of the applicants.

(2) The applicants who appear before the interviewing panel for interview under subregulation (1) shall be required to submit their original certificates, testimonials and other relevant documents.

21. Selection of candidates

(1) The interviewing panel shall after the interview, select not more than three and not less than two suitable candidates for the post and submit their names in order of merit to the commission.

(2) The Commission shall forward the names of the candidates selected to the relevant Council, which shall in turn submit its preferred selection to the Minister, who shall appoint one amongst the candidates submitted to him to the head of the department of the relevant Council.

22. Letter of appointment of a head of department

Where an appointment of a head of department has been made in accordance with regulation 21 the Permanent Secretary of the Ministry shall inform the Council Director, who shall send a letter of offer of appointment to the person so appointed.

23. Employment and accountability of heads of departments

A head of department appointed under regulation 21 and who has been served with a letter of appointment in accordance with regulation 22, shall be employed by and accountable to the Council in respect of which he has been so appointed.

24. Probationary period for Director and head of department

A person employed as a Director or head of department under the provision of this part shall be on probation for a period of twelve months.

25. Probationary procedure for a Director

(1) Three months before the expiration of the probationary period or any extension thereof, the Chairman or as the case may be the Mayor of the Council shall inform the Council and avail the members of the Council an opportunity to deliberation the performance of the Director and there after make recommendations to the Minister on whether–

(a) the Director be confirmed in the post;

(b) the Director's probationary period be extended to afford the Director further opportunity to improve his performance; or

(2) In considering the performance of the Director under subregulation (1) of this regulation, the Council shall have regard to terms and conditions of the Director's employment.

(3) The Council shall not recommend the extension of the probationary period or termination of the Director's appointment, under this regulation unless the Chairman or Mayor as the case may be shall have first–

(a) informed the Director of such intention in writing, and has required the Director to acknowledge receipt of the same in writing and to make representations thereon within a period of fourteen days; and

(b) informed the Regional Commissioner for the intentions of the Council.

(4) Upon the Council reaching a decision to recommend on whether to confirm, extend the probationary period or terminate the Director's appointment, the Chairman or as the case may be the mayor of the Council shall submit to the Minister the resolution and any other relevant document to that effect, so that the Minister can make an appropriate decision.

26. Probationary procedure for head of department

(1) Three months before the expiration of the probationary period of the head of department or any extension thereof the Director shall inform the Council whether the head of department has performed his duties under the post satisfactorily or not, and therefore the Council recommends to the Minister that–

(a) the head of department be confirmed in the post; or

(b) the probationary period for a head of department be extended so as to afford the head of department further opportunity to improve his performance; or

(c) the probationary period be extended for a period be extended for a period not exceeding six months to afford the head of department the opportunity of improvement in any aspect in which his work or conduct has been adversely reported on; or

(d) the appointment of the head of department be terminated.

(2) The Council shall not recommend the extension or the termination of an appointment under subregulation (1) unless the Director has first informed the head of department of the intention to extend or terminate his appointment in writing and has required the head of department to acknowledge receipt of the same in writing and to make representations thereon within a period of fourteen days.

(3) In informing the head of department of the intention to extend or terminate his appointment, the Director shall attach copies of all correspondence thereof.

27. Terms of Service for category "A" staff

(1) Terms of service for a Director or head of department shall be prescribed by the commission and adopted by the Council.

(2) The Council may, in addition to the terms of service under subregulation (1) offer to the employee an additional incentive package.

B. RECRUITMENT AND APPOINTMENT OF CATEGORY "B" STAFF (regs 28-38)

28. Establishment of Recruitment Board

(1) Every local government authority shall establish a Recruitment Board which shall be responsible for recruitment of category "B" staff in accordance with the provisions of these Regulations.

(2) Every Board shall be answerable to the Council and guided by directives issued to it by the Council, provided that the Council directives do not contravene the provisions of these Regulations.

(3) The Board established under subregulations (1) shall consist of–

(a) a Chairperson who shall be appointed by the Council from amongst people who are ordinarily resident in the area of jurisdiction of the Council who are knowledgeable in personnel management or public administration;

(b) one member to be appointed by the Council from amongst its members who shall in any case not be the Chairman/Mayor of the Council;

(d) an expert of the relevant sector from the Regional Secretariat;

(e) a representative of the specialised service commission in the region or as the case may be the district.

(4) The head of department responsible for personnel matters shall be the Secretary to the Board but shall not be entitled to vote.

(5) The Chairperson, and every member of the Board and the Secretary of the Board, shall before entering upon the exercise of the functions of his office, take and subscribe to the appropriate oath prescribed in Parts I and II of the Third Schedule to these Regulations.

(6) The tenure and procedures of office of the Board shall be as prescribed in the Second Schedule to these Regulations.

29. Functions of the Board

(1) The functions of the Board shall be to conduct merit-based selection of staff and submit proposals to the Council as part of the recruitment procedures set out in these Regulations.

(2) The Board shall, in discharging the function under subregulation (1)–

(a) observe the guidelines issued by the Commission, Council employment and personnel management policy and schemes of service;

(b) abide by principles of equality and transparency in staff recruitment, and abstain from being influenced by anybody outside the Board;

30. Expenses of the Board

The expenses for the operations and management of the affairs of the Board shall be budgeted for and paid by the Council.

31. Recruitment procedure of category "B" staff

(1) Where there is a vacant post for category "B" staff, the Council shall, instruct the Board to advertise the vacant post on its behalf in a newspaper circulating nationally, or in such other manner including advertising the post in public notice boards in and outside the area of jurisdiction of the Council calling upon interested and qualified applicants to apply for the post.

(2) Applicants for the post shall be required to submit their letters of application together with copies of certificates, testimonials, curriculum vitae and other relevant documents to the Director.

(3) The Director shall, after receiving applications in accordance with subregulation (2) of this regulation, prepare a full list of all the applicants, indicating those best qualified to appear before the Board for interview on an appointed date, time and place.

32. Interviews for selection

(1) The Board shall prepare guidelines, questions and marking schemes to be used for interview, so as to ensure objectivity, consistency and to measure the right qualities of the applicants.

(2) The applicants who appear before the Board for interview in accordance with subregulation (1) of this regulation shall be required to submit their original certificates and testimonials and other relevant documents.

33. Selection of candidates

(1) The Board shall, after the interviews select not less than two suitable candidates for the post and submit their names in order of merit to the Council, which, if satisfied, shall proceed to employ one amongst the recommended candidates.

(2) Where the Board fails to get at least two suitable candidates the vacancy shall be re-advertised.

34. Employment by the Council

(1) In selecting candidates for appointment (including appointment on promotion) the Council shall have regard to the qualifications and experience of the candidates, and the needs and priorities of the Council.

(2) In employing the selected candidates the Council shall–

(a) take into account any technical advice given by the Board; and

(b) be guided by national policies, standards and professional requirements of the post.

(3) In appointing category "B" staff the Council shall after receiving the names of proposed candidate and after reaching a decision on the person or persons to be employed issue a resolution to that effect and such resolution shall be the basis for the employment of the candidate or candidates.

35. Letters of appointment of category "B" staff

The Director shall on the strength of the resolution issued by the Council under his hand issue the letter of appointment to the candidate appointed by the Council.

36. Probationary period for category "B" staff

(1) The person employed by the Council in accordance with regulation 34, shall be on probation for a period of twelve months.

(2) Three months before the expiration of the probationary period, or any extension thereof, the Director shall inform the Council whether in his opinion–

(a) the officer should be confirmed in the post; or

(b) the probationary period be extended so as to afford the officer further opportunity to pass any examination, the passing of which is a condition of appointment, his services otherwise being satisfactory; or

(c) the probationary period be extended to afford the officer the opportunity of improvement in any aspect in which his work or conduct has been adversely reported on; or

(d) the officer's employment be terminated.

(3) The Director shall not recommend the extension or the termination of an employment pursuant to the provisions of subregulation (2) of this regulation unless he has first informed the officer in writing of his intention and of the right of the officer to make representations thereon within a period of fourteen days and require the officer to acknowledge receipt in writing and shall attach copies of all such correspondence his recommendations to the Council.

(4) Confirmation of the officer shall be based on good conduct and satisfactory performance of the officer's duties and responsibilities.

37. Terms of service

(1) Terms of service for persons employed by the Council under regulation 34, shall be as prescribed by the Local Government Service Commission and adopted by the Council.

(2) The Council may, in addition to the terms of service under subregulation (1), offer to the employee an additional incentive package.

38. Terms of service for non-citizens

Where the Council has employed a non-citizen, the terms of service of such employment shall be governed by the terms of contract as may be prescribed in the employment contract or letter of appointment provided that such employment or appointment shall be in conformity with national policies, laws and guidelines.

C. RECRUITMENT AND APPOINTMENT OF CATEGORY "C" STAFF (regs 39-43)

39. Establishment of Appointments Committee

The recruitment and appointment of category "C" staff shall be the responsibility of the Council delegated to an Appointments Committee which shall consist of:

(a) the Director who shall be the chairperson;

(b) the head of the personnel and administration department who shall be the secretary;

(d) one other head of department to be appointed by the Director.

40. Recruitment and appointment procedure for category "C" staff

(1) Where there is a vacant post for category "C" Staff, and there is subsisting need to fill the post the Director shall cause the post to be advertised in the newspaper circulating in the locality or in such other manner that will reach the residents of the area under the jurisdiction of the Council.

(2) Applicants for the posts advertised in accordance with subregulations (1) of this regulation shall be required to submit their letters of application together with copies of certificates, testimonials and other relevant documents to the Director.

(3) The Director shall after receiving letters of application under subregulation (2) of this regulation cause a full list of all applicants to be prepared indicating those best qualified to appear before the Appointments Committee for interview on an appointed date, time and place.

(4) Where the post to be filled belongs to a sector which is not represented in the Appointments Committee, the respective head of department shall be invited to attend and participate in the deliberations of the meetings of the Appointments Committee.

41. Interview for selection

(1) The Appointments Committee shall prepare guidelines questions and a marking scheme to be used so as to ensure objectivity, consistency and measure the right qualities of the applicants.

(2) The applicants who appear before the Appointments Committee shall be required to submit their original certificates, testimonials and other relevant documents.

42. Selection and appointment of category "C" staff

The Appointments Committee shall, after the interview, select names of suitable candidates and submit its recommendations to the Council Committee responsible for personnel matters for consideration and approval.

43. Terms of service for category "C" staff

Terms of service for persons employed by the Council under regulation 41 shall be as prescribed by the commission and adopted by the Council.

PART IV
PROMOTIONS (regs 44-49)

A. PROMOTION OF CATEGORY "A" STAFF (regs 44-49)

44. Promotion scheme for Directors and heads of departments

The commission shall establish a promotion scheme for Directors and heads of departments upon which all promotions of Directors and head of departments shall be based.

45. Promotion of Directors and heads of departments within the same Council

Directors and heads of departments may be promoted from a lower grade to a higher grade within the same Council subject to procedure set out under regulation 46.

46. Basis for promotion of Directors and head of departments

Promotion of Directors and heads of departments from a lower grade to a higher grade shall be based on merit, qualifications, skills, experience, personal qualities, and performance of the candidates in accordance with the procedure set out in this part.

47. Procedure for promotion of Directors and heads of departments

The Council, having been satisfied with the performance of the Director or head of department, may recommend to the appointing authority that the Director or head of department be elevated from a lower grade to a higher grade consistent with the existing national scheme of service.

B. PROMOTION OF CATEGORY "B" AND "C" STAFF (regs 48-49)

48. Promotion authority for category "B" and "C" staff

The Council shall be responsible for all matters regarding promotion of category "B" and "C" staff.

49. Promotion authority for category "B" and "C" staff

(1) The Director shall, after taking due consideration of the appropriate scheme of service, prepare a list of category "B" and "C" staff who are due for promotion and submit the names to the Council for consideration and decision.

(2) The Council shall, after receiving the list of category "B" and "C" staff who are due for promotion under subregulation (1), proceed to consider recommendations tabled before it and make appropriate decisions.

PART V
TRAINING AND STAFF DEVELOPMENT (reg 50)

50. Training of staff

(1) Local government authorities shall be responsible for training and development of their staff.

(2) In undertaking the responsibility provided for under subregulation (1) of this regulation the local government authorities may be assisted and supported by the ministry, the respective sector ministries, professional bodies and associations and other training institutions.

(3) Each local government authority shall prepare a staff development programme, which shall take into account sector ministries advice on training of staff and academic qualifications required for various categories of local government staff, and ensure that funds are provided in its budget for training and staff development.

(4) The ministry shall in consultation with sectoral ministries formulate a national training and career development programme for professional staff working in local government authorities and ensure that due provision is made for the training of such staff in the sectoral training programmes.

PART VI
DISCIPLINARY PROVISIONS (regs 51-59)

A. DISCIPLINARY PROVISIONS FOR DIRECTORS (regs 51-52)

51. Disciplinary authority of Directors

The Minister shall be the disciplinary authority for all Directors.

52. Disciplinary proceedings against the Director

(1) Where the Council after preliminary inquiry proposes that disciplinary action should be taken against the Director it shall submit to the Minister a resolution to that effect stating the reasons for taking the disciplinary action and requesting the Minister to authorise the Council to initiate proceedings for disciplinary action against the Director.

(2) Where the Minister is satisfied that there are sufficient grounds to initiate disciplinary proceedings against the Director he shall instruct the Regional Commissioner.

(a) to frame a charge or charges against the accused Director on the basis of the allegations made by the Council and send the charges to the Director with a copy to Council Chairman and the Minister; and

(b) call upon the accused Director to prepare and submit his written defence or grounds on which he relies to exculpate himself within fourteen days.

(3) Upon receipt of the Director's statement of defence the Regional Commissioner shall forward it to the Council along with any other relevant documents and a statement of his comments on the matter.

(4) Having received the Director's reply together with the comments from the Regional Commissioner the Council shall deliberate on the matter and submit recommendations to the Minister for his consideration and appropriate action.

(5) Where the Minister is of the opinion that the matter is serious and needs further investigations, the proof of which may justify the Director's dismissal, or reduction in rank, the Minister shall appoint an inquiry committee, independent of members of the Council, to inquire into the matter and report its findings to him.

(6) The inquiry committee shall consist of not more than three senior public officers of higher rank than that of the Director, one of whom should come from the Regional Secretariat.

(7) Where witnesses are examined by the inquiry committee, the accused Director shall be given an opportunity of being present in person, or by representation, and putting questions on the witnesses, and no documentary evidence shall be used against him unless he has previously been supplied with copy thereof or given access thereto.

(8) If during the course of the inquiry, grounds for framing additional charges are disclosed, the Minister may follow the same procedure as was adopted in framing the original charges.

(9) The inquiry committee, having inquired into the matter, shall forward its report to the Minister and a copy to the Council together with the record of the charges framed, the evidence adduced, the defense and other proceedings relevant to the inquiry.

(10) The report of the committee shall include:

(a) a statement of whether, in the Committee's opinion, the charge or charges against the accused Director have been proved and a statement of the reasons for the opinion;

(b) details of any matters which in the committee's opinion aggravate or alleviate the gravity of the case; and

(c) a summing up and general comments as will indicate clearly the opinion and recommendations of the committee on the matter under inquiry.

Having received the report the Minister shall take appropriate action within sixty days.

B. DISCIPLINARY PROVISIONS FOR HEADS OF DEPARTMENTS (regs 53-55)

53. Disciplinary proceedings for heads of departments

(1) Where a Director considers it necessary or is directed by the Council, to institute disciplinary proceedings against a head of department on the grounds of misconduct, which if proved, would in his opinion, justify dismissal from the service, he shall–

(a) after such preliminary investigations as he considers adequate, frame the charge or charges against the accused officer and forward to the accused officer a statement of the charges together with a statement of the allegations on which each charge is based;

(b) call on the accused head of department to prepare and submit his written defense within fourteen days from receipt of the charges setting out the grounds on which he relies to exculpate himself;

(c) on receiving the accused head of department's defense, prepare a report for the committee responsible for personnel matters, which shall include:

(i) a statement of the charge or charges preferred against the accused head of department;

(ii) the accused officer's statement of defence, if any;

(iii) other documents relevant to the case; and

(iv) a statement of the Director's opinion.

(2) The committee responsible for personnel matters after considering the report of the Director, shall advise the Council on the matter which shall decide on disciplinary actions to be taken.

(3) Where the case merits termination or dismissal, the Director shall prepare a full report on the matter and submit a report to the Minister together with copy of Council resolution recommending termination or dismissal of the officer concerned.

54. Inquiry committee and its proceedings

(1) Where the Council is of the opinion that further investigation is required before action is taken against a head of department it shall appoint an inquiry committee consisting of:

(a) a chairperson who shall be a senior public officer of a higher rank than that of the accused officer;

(b) two other senior public officers; and

(2) Where witnesses are examined by the inquiry committee, the accused head of department shall be given an opportunity of being present, and of putting questions on the witnesses, and no documentary evidence shall be used against him unless he has previously been supplied with a copy thereof or given access thereto.

(3) The inquiry committee shall permit the Director to be represented by a senior officer of the Council and the accused officer may be represented by a trade union representative of which he is a member.

(4) Where, in the course of the inquiry, grounds for framing additional charges are disclosed, the Director may follow the same procedure as was adopted in framing the original charges.

(5) The inquiry committee having inquired into the matter, shall forward its report thereon to the Council together with the record of the charges framed, the evidence adduced, the defense and other proceedings relevant to the inquiry and the report of the committee shall include:

(a) a statement of whether, in the committee's opinion, the charge or charges against the accused head of the department have been proved and a statement of the reasons for the opinion;

(b) details of any matters which in the committee's opinion aggravate or alleviate the gravity of the case; and

(c) a summing up and general comments as will indicate clearly the opinion and recommendations of the committee on the matter under inquiry.

55. Proceedings involving a penalty less than dismissal

(1) Where a Director, after preliminary investigation, considers it necessary, or is directed by the Council to institute disciplinary proceedings against head of department but is of the opinion that the misconduct alleged, if proved, would not be serious enough to warrant dismissal, he shall–

(a) frame charges against the officer if he considers it necessary to do so; and

(b) forward to the officer a statement of the charge or charges against him, and call on the accused officer to state in writing within fourteen days why disciplinary measures should not be taken against him, and allow the accused officer to prepare defense and grounds on which he relies to exculpate himself.

(2) Where the head of department does not furnish a reply within the period specified or does not, in the opinion of the Director, exculpate himself, the Director shall forward to the Council copies of reports on the case, the charges, the head of department's reply, if any, together with his comments for deliberation and appropriate action.

(3) Where on consideration of the report, including the grounds, if any, upon which the head of department is accused the Council is of the opinion that no further investigation is necessary, the Director shall forthwith submit to the Minister the Council resolution recommending action to be taken or punishment if any, to be inflicted on the accused head of department.

C. DISCIPLINARY PROVISIONS FOR CATEGORY "B" STAFF (regs 56-57)

56. Disciplinary Proceedings for category "B" Staff

(1) The Council shall be the disciplinary authority for category "B" staff.

(2) Where a Director considers it necessary or is directed by the Council, to institute disciplinary proceedings against a category "B" staff on the grounds of misconduct, which if proved, would in his opinion, justify dismissal from the service, he shall–

(a) after such preliminary investigations as he may consider necessary, frame the charge or charges against the accused staff and forward to accused staff a statement of the charges together with a statement of the allegations on which each charge is based;

(b) call on the accused staff to prepare and submit his written defense within fourteen days in which to prepare defense, or grounds on which he relies to exculpate himself;

(c) on receiving the statement of defense from the accused staff, prepare a report for the committee responsible for personnel matters, which shall include:

(i) a statement of the charge or charges preferred against the accused staff;

(ii) the accused staff statement of defense, if any;

(iii) other documents relevant to the case; and

(iv) a statement of his opinion.

(3) The committee responsible for personnel matters after considering the report of the Director shall advise the Council on the matter upon which the Council shall decide on the punishment if any.

57. Inquiry committee and its proceedings

(1) Where the Council is of the opinion that further investigation is required before action is taken, it shall appoint an inquiry committee consisting of:

(a) a chairperson who shall be a senior public officer of a higher rank than that of the accused officer; and

(b) two other senior public officers;

(2) Where witnesses are examined by the inquiry committee, the accused officer shall be given an opportunity of being present, and of putting questions on the witnesses, and no documentary evidence shall be used against him unless he has previously been supplied with a copy thereof or given access thereto.

(4) Where, in the course of the inquiry, grounds for framing additional charges are disclosed, the Director may follow the same procedure as was adopted in framing the original charges.

(5) The inquiry committee having inquired into the matter, shall forwards its report thereon to the Council together with the record of the charges framed, the evidence adduced, the defense and other proceedings relevant to the inquiry and such report shall include:

(a) a statement of whether, in the committee's opinion, the charge or charges against the accused staff have been proved and a statement of the reasons for the opinion;

(b) details of any matters which in the committee's opinion aggravate or alleviate the gravity of the case; and

(c) a summary and general comments as will indicate clearly the opinion and recommendations of the committee on the matter under inquiry.

D. DISCIPLINARY PROVISIONS FOR CATEGORY "C" STAFF (regs 58-59)

58. Disciplinary authority for category "C" staff

The Council shall be the disciplinary authority for category "C" staff.

59. Disciplinary proceedings for category "C" staff

Where a Director, after preliminary investigation, considers it necessary, or is directed by the Council to institute disciplinary proceedings against a category "C" staff, the procedure to be followed shall be as laid down in the Security of Employment Act, and the Director shall report to the Council on any disciplinary proceedings preferred and any action taken against the category "C" staff.

PART VII
TERMINATION OF SERVICE FOR REASONS OTHER THAN
DISCIPLINARY OFFENCES (regs 60-63)

60. Termination appointment

The appointment of a local government officer may on grounds other than disciplinary action be terminated on one or combination of the following:

(a) attaining the age of fifty-five years which is the minimum age for voluntary retirement;

(b) attaining the age of sixty years which is the compulsory retirement age unless the officer has agreed with the appointing authority to extend his service on contract terms;

(d) medical grounds;

(e) upon contesting any post in the office of any political party;

(f) upon contesting any elective political post provided for under the constitution of the United Republic of Tanzania;

(g) upon contesting elective political post in respect of Mtaa Committee, Kitongoji Chairman and Village Council.

61. Procedure for termination of appointment on medical grounds

(1) Where it appears to the Director that an officer is incapable by reasons of any infirmity of mind or body of discharging the functions of his office, the Director may, and shall if the officer so requests, call upon such officer to appear before a medical board appointed in that behalf by the Council with a view to it being ascertained whether or not such officer is incapable.

(2) Where the officer who is to be ascertained of incapacity by reason of any infirmity of mind or body in accordance with subregulation (1) of this regulation is the Director, the chairman may and shall, if the Director so requests, call upon the Director to appear before a medical board appointed in that behalf by the Council with the view to it being ascertained whether or not the Director is incapable.

(3) After the officer has been examined, the medical board shall make a report and forward the same to the Director in the case of officers other than the Director, or to the chairman in the case of Director who shall forward the report, together with any representations which the officer or Director as the case may be has made, and his own recommendation to the Council.

(4) Unless the Council considers that further inquiry is necessary, in which case it will issue directions to the Director accordingly, it will decide forthwith whether the officer should be called upon to retire on medical grounds and advise the respective appointing authority accordingly.

62. Procedure for termination of appointment on unsatisfactory performance

(1) Where the performance of a local government officer is adjudged unsatisfactory and there is a need to terminate the employment of the officer in the interest of the Council, the Council shall notify the officer informing him or her the area/areas in which his performance is deficient and giving him opportunity to improve on his performance within a period to be determined by the Council.

(2) If after the expiry of period determined to afford the officer an opportunity to improve upon his performance under subregulation (1) of this regulation the officer's performance shows no improvement the Council shall deliberate on the matter and–

(a) in the case of category "A" staff submit its resolution to the Minister together with its recommendations to terminate the officer's appointment for unsatisfactory performance; and

(b) in the case of category "B" and "C" staff terminate his or here service on unsatisfactory performance in accordance with these Regulations.

63. Benefits upon termination of employment on reasons other than disciplinary grounds

Where the service of an officer or staff of a local government authority is terminated on grounds other than disciplinary he shall have a right to receive and to be paid such gratuities, pension and such other superannuation benefits applicable to local government employees.

PART VIII
STAFF EVALUATION PROCEDURES (reg 64)

64. Employee performance evaluation

(1) The commission shall develop standardised employees performance evaluation procedures and forms which shall be used by local government authorities for the appraisal of employee's job performance annually.

(2) Notwithstanding the evaluation procedures established in accordance with subregulation (1) of this regulation the local government authority may supplement the standardised evaluation process with special performance indicators peculiar to specific local government needs.

(3) The performance evaluation procedures for a local government staff shall place primary emphasis on how well a staff has contributed to efficiency, and effectiveness that ensures the achievement of overall Council objectives and goals.

(4) In establishing criteria and standard for evaluating local government staff performance, a local government authority shall set goals, objectives, and targets, which are specific, measurable, attainable, realistic and within a specific timeframe.

PART IX
APPEALS (regs 65-68)

65. Appellate authority for local government staff

(1) The appellate authority for disciplinary actions taken against local government staff shall be–

(a) in case of category "A" staff, the President; and

(b) in case of category "B" staff, the Minister.

(2) The final appellate authority for category "C" staff shall be as provided for under the Security of Employment Act *.

66. Appeals procedure for category "A" staff

Category "A" staff aggrieved by the disciplinary decision of the Minister may appeal to the President within sixty days from the date of receipt of the Minister's decision.

67. Appeals procedures for category "B" staff

Category "B" staff aggrieved by the disciplinary decision of the Council shall within sixty days from the date of receipt of the decision, appeal to the Minister.

68. Appeals procedures for category "C" staff

The procedure for appeals for category "C" staff shall be as laid down under the Security of Employment Act *.

PART X
PROCEDURES FOR STAFF TRANSFER (regs 69-70)

69. Transfers of category "A" staff

(1) Transfers of category "A" staff within the local government service shall be by way of pen and merit-based competition.

(2) No restrictions shall be placed by any local government authority or the appointing authority on the application of any officer who has applied and or secured employment under subregulation (1) of this regulation.

70. Transfer of service of local government staff

(1) The service of any local government staff may be transferred from one local government authority to another where he has secured employment.

(2) Where any local government staff has secured employment in another local government authority, the period served with the former local government authority shall, for superannuation, gratuity and pension purposes, be deemed to be continuous.

PART XI
MISCELLANEOUS PROVISIONS (regs 71-90)

71. Powers of Directors

(1) Notwithstanding any other provision in this Part of these Regulations, a Director may–

(a) after consultation with the relevant head of department stop, withhold or defer an officer's normal increment for a period not exceeding one year on grounds of unsatisfactory service;

(b) after investigation and after giving the officer an opportunity for making written defense, inflict a reprimand;

(c) in accordance with the procedures and instructions laid down by the Council, if any, order the recovery of the cost or part of the cost of any loss or damage, caused by any default or negligence.

(2) Where the stoppage or deferment under subregulation (1) is recommended to be continued beyond one year the matter shall, except in the case of category "C" staff, be referred to the Council for determination.

72. Interdiction

(1) Interdiction of local government employees may be effected in the case of a–

(a) Director, by the Minister;

(b) head of department, by the Director;

(2) A local government employee may be interdicted pursuant to subregulation (1), where the interdicting authority considers that the employee should cease forthwith to exercise the powers and discharge the function of his office; provided that proceedings for dismissal are being taken or about to be taken or that criminal proceedings have been instituted against him.

73. Procedure for interdiction of a Director

Where the Council reaches a decision to interdict the Director, it shall issue a resolution to that effect and shall submit to the Minister for his decision on whether to interdict or not to interdict the Director.

74. Interdiction procedure for staff other than the Director

The Director may where he considers it necessary or upon instruction from the Council for reasons that a Council employee has committed a disciplinary offence, which attracts interdiction, forthwith interdict such employee and inform the Council on the action taken.

75. Procedures following interdiction of local government staff

(1) Disciplinary proceedings against a local government employee who is interdicted shall commence immediately after the interdiction notice is served on the employee, and if in any case the disciplinary authority fails or has not drawn charges against such employee within the period of ninety days, such employee shall be reinstated.

(2) A Council employee who is interdicted shall receive half of his salary:

Provided that the Council may, at its discretion pay any amount which shall not be less than half the employee's basic salary.

(3) Any employee who is under interdiction shall not leave his station without written permission of the employing authority.

76. Proceedings against category "A" staff convicted of criminal offence

Where any category A staff is convicted in any part of a criminal offence, which in the opinion of the Director warrants disciplinary proceedings, he shall forward a copy of the charge, judgement and any order made on appeal or revision to the Minister for his consideration and such officer may be dismissed or subjected to some lesser disciplinary punishment on account of the conviction of the offence of which he has been adjudged guilty.

77. Proceedings against category "B" staff convicted of criminal offence

Where category "B" staff is convicted of a criminal offence, which in the opinion of the Director, warrants disciplinary proceedings, the Director shall, forward a copy of the charge and of the judgement and any order made on appeal or revision to the Council for consideration, and such officer may be dismissed or subjected to some lesser disciplinary punishment, on account of the conviction of the offence of which he has been adjudged guilty.

78. Proceedings against Director convicted of criminal offence

Where the convicted person is the Director the Chairman shall bring up the matter for consideration at a special Council meeting and shall, on the strength of Council resolution in that regard, forward to the Minister a copy of the charge, judgement and any order made on appeal or revision for his decision.

79. Proceedings against category "C" staff convicted of criminal offence

Where the person convicted is a category "C" staff the Director, may after considering such judgement or order, dismiss the staff or subject him to some lesser disciplinary punishment and thereafter report to the Council.

80. Restoration of salary withheld

(1) Where disciplinary or criminal proceedings have been instituted against an employee under interdiction and such employee is not dismissed or otherwise punished for disciplinary offence under these Regulations or for criminal offence in accordance with the relevant law the whole of any salary withheld under regulation 75(2) shall be restored to the employee upon the termination of such proceedings.

(2) If punishment other than dismissal is inflicted, the employee may be refunded such proportion of the salary withheld as a result of interdiction as the disciplinary authority shall think fit.

81. No disciplinary action whilst criminal proceedings are pending

If criminal proceedings are instituted against a local government employee in any court, no proceedings for the dismissal of such employee shall be taken until the conclusion of the criminal proceedings:

Provide that nothing in this regulation shall be construed as prohibiting or restricting the power of the disciplinary authority to interdict such employee.

82. Disciplinary action after acquittal of criminal charges

An employee of a local government authority acquitted of a criminal charge in any court shall not be dismissed or otherwise punished on any charge, upon which he has been acquitted, but nothing in this regulation shall prevent his being dismissed or otherwise punished on any other charges arising out of his conduct in the matter, unless the charge raises substantially the same issue as those on which he has been acquitted.

83. Suspension of local government employee convicted of a criminal offence

(1) Where an employee of a local government authority has been convicted of a criminal offence, disciplinary authority may suspend the employee from the exercise of his duties pending consideration of the case under the provisions of these Regulations.

While an employee is suspended from the exercise of his duties under the provisions of the proceeding paragraph, he shall not be entitled to any salary; provided that the disciplinary authority may decide to authorise payment of an alimentary allowance in such amount and on such terms as the disciplinary authority may determine.

84. Loss occasioned by local government employee may be recovered from the employee independently of these Regulations

(1) Where a local government employee wilfully acts or omits by negligence or misconduct, or by reason of failure to take reasonable care or to discharge duties in a reasonable manner, causes the Council to suffer any loss or causes damage to any property of the Council, the amount of such loss or the value of the property damaged or an amount equal to the cost of repairing such property, or such portion of such amount or value, as the appropriate authority may determine, may be recovered from such employee under the provisions of the Specified Officers (Recovery of Debts) Act *, independently of these Regulations.

(2) Where steps have been taken to recover the amount or value under the Specified Officers (Recovery of Debts) Act *, it shall not be unlawful for disciplinary proceedings for the Act, omission, negligence, failure to take reasonable care or failure to discharge a duty in a reasonable manner, to be instituted under these Regulations:

Provided that where such proceedings are instituted, the punishment specified in regulation 83(1) shall not be awarded save to the extent of the difference between the actual amount of the loss incurred by the Council or, as the case may be, the actual value of the property or the actual cost of repairing such property, and the amount to be authorised to be recovered under the Specified Officers (Recovery of Debts) Act *.

(3) Where a local government employee who has become liable to pay any amount to the Council by reason of negligence, misconduct, failure to take care, failure to discharge duties in a reasonable manner or other act or omission is convicted under section 284A of the Penal Code * for the Act or omission or other circumstances giving rise to such liability, and the court has ordered the officer to pay to the Council compensation under subsection (7) of the said section 284A, any amount ordered to be recovered from the employee by a disciplinary authority under regulation 85(1) of these Regulations, or by an appropriate authority under the provisions of the Specified Officers (Recovery of Debts) Act *, the order of the disciplinary authority or, as the case may be, of the appropriate authority–

(a) if the amount ordered to be recovered by the disciplinary authority or, as the case may be, the appropriate authority, exceeds the amount of the compensation ordered under section 284A of the Penal Code * shall be effective only to the extent of the difference between the two amounts;

(b) if the amount ordered to be recovered by the disciplinary authority or, as the case may be, the appropriate authority, is less than the amount of the compensation ordered under section 284A, shall cease to have effect.

(4) Notwithstanding the provisions of subregulation (3), where disciplinary proceedings are instituted or an employee is punished under these Regulations after his conviction under section 284A it shall be lawful for the disciplinary authority to order that an amount equal to the difference between the actual amount of the loss, the value of the property or the cost of repair and–

(a) the amount of the compensation awarded under section 284A of the Penal Code *; or

(b) where steps have also been taken to recover any amount from the employee under the Specified Officers (Recovery of Debts) Act *, the aggregate of the amount which may, subject to the provisions of subregulation (3), be recovered under that Act and the amount of compensation awarded under section 284A of the Penal Code *, be recovered from the employee by way of punishment.

(5) Under this regulation the term "Appropriate Authority" shall have the meaning assigned thereto by the Specified Officers (Recovery of Debts) Act *.

85. Punishment

(1) Any one or more of the following punishments may be inflicted upon an employee of a local government authority as a result of proceedings under these Regulations:

(a) dismissal;

(b) termination of appointment;

(d) reduction in salary;

(e) stoppage of increment;

(f) withholding of salary increment;

(g) deferment of salary increment;

(h) fine of an amount not exceeding one-quarter of a month's pay;

(i) the recovery of the cost or part of the cost of any loss or breakage caused by default or negligence.

(2) A disciplinary authority shall in exercising its powers of inflicting punishment on the accused officer under these Regulations, be guided by the disciplinary code as provided for under the Fourth Schedule to these Regulations.

86. Retiring awards and leave passage, lost by dismissal

Subject to the provisions of any law for the time being in force, an employee of a local government authority who is dismissed shall forfeit all rights or claims relating to pension, gratuity, bonus on provident fund and interest thereon or other retiring award, and any rights or claims he enjoys in regard to leave or passages at the employing authority's expense but such employee shall only be entitled to his contributions to any social security fund and interest thereon, if he was a contributor to any fund.

87. Superannuation

An employee of a local government authority shall have the right to receive such gratuities, pensions and such other superannuation benefits applicable to local government employees.

88. Transitional arrangements

(1) On or after coming into effect of these Regulations, any contract of service of the staff who were serving on terms and conditions of service other than those applicable to local government staff shall be deemed to be continuous and to have been made under these Regulations, and such staff shall be entitled to superannuation and pension benefits applicable to them before the coming into effect of these Regulations.

(2) Notwithstanding subregulation (1) the staff entitled to superannuation and pensions benefits under terms and conditions of services other than those applicable to local government staff shall be entitled to benefits applicable to local government staff where such benefits give them the same or more favourable superannuation and pension benefits.

(3) No employee shall be subjected to any term or condition of service, which is less favourable than any similar condition, which applied to him immediately before the coming into effect of these Regulations.

(4) Staff currently serving under terms and conditions of service of local government and newly appointed staff, shall continue to serve on these terms and conditions and receive superannuation or pension benefits applicable to local government staff.

(5) Any claim or claims by staff who were transferred to local government service before coming into operation of these Regulations, and outstanding immediately after coming into operation of these Regulations shall be paid by the previous employer notwithstanding the coming into operation of these Regulations.

89. Remuneration

(1) The commission shall determine salaries and salary scales for local authority employees having regard to the national pay policy, and directions given from time to time by the Minister.

(2) A local government authority may formulate and implement incentive packages according to local needs and financial capability and in so doing shall take due regard to the overall national pay policy.

90. Application of the existing Service Regulations

(1) On the coming into operation of these Regulations, the Local Government Service Commission Regulations, shall cease to have effect in respect of the local government employees in specified local government authorities.

(2) Notwithstanding the provisions of subregulation (1) of this regulation the Local Government Service Staff Regulations and all circulars issued by the Commission and currently in force shall continue to apply to the specified local government authorities only to the extent that they are not inconsistent with the provisions of these Regulations.

FIRST SCHEDULE
SPECIFIED LOCAL AUTHORITIES

(Regulation 2)

1. Arusha Municipal Council.

2. Hanang District Council.

3. Babati District Council.

4. Monduli District Council.

5. Simanjiro District Council.

6. Kiteto District Council.

7. Kisarawe District Council.

8. Dar es Salaam City Council.

9. Ilala Municipal Council.

10. Kinondoni Municipal Council.

11. Temeke Municipal Council.

12. Dodoma Municipal Council.

13. Kondoa District Council.

14. Mpwapwa District Council.

15. Iringa District Council.

16. Iringa Municipal Council.

17. Bukoba District Council.

18. Kasulu District Council.

19. Moshi Municipal Council.

20. Hai District Council.

21. Lindi Town Council.

22. Kilwa District Council.

23. Musoma Town Council.

24. Morogoro Municipal Council.

25. Ulanga District Council.

26. Mbeya Municipal Council.

27. Rungwe District Council.

28. Mtwara Town Council.

29. Masasi District Council.

30. Mwanza City Council.

31. Magu District Council.

32. Sumbawanga District Council.

33. Songea District Council.

34. Shinyanga District Council.

35. Shinyanga Municipal Council.

36. Tabora Municipal Council.

37. Tanga Municipal Council.

38. Singida District Council.

SECOND SCHEDULE
PROCEDURE OF THE BOARD

(Regulation 28(6))

1. Tenure of Office

(1) A member of the Board appointed under these Regulations shall, unless his appointment is sooner terminated by the local government authority or otherwise ceases to be a member, hold office for a period not exceeding five years' provided that the Board shall stand dissolved at the end of tenure of office of the Council or on the dissolution of the Council.

(2) Where any member of the Board ceases to be a member for any reason before the expiration of tenure of office, the local government authority shall appoint another person in his place and the person so appointed shall hold office for the remainder of the term of office of the Board.

2. Meetings

(1) The frequency, place and time of the meetings shall be determined by the Council.

(2) A meeting of the board shall be convened by the Secretary to the Board and the notice specifying the place, date and time of the meeting shall be sent to each member's contact address of usual place of business or residence not less than fourteen days before the date of such meeting.

3. Quorum

Three members shall form a quorum for any meeting of the board.

4. Co-option of members

The Board may invite any person who is not a member to participate in the deliberations of the board, but such person shall not have the right to vote.

5. Procedure

(1) There shall preside at any meeting of the Board:

(a) the chairperson;

(b) in the absence of the chairperson, the members present shall nominate one amongst them to preside.

(2) At any meeting of the Board a decision of the majority of the members present, shall be deemed to be a decision of the Board.

(3) In the event of an equality of votes the chairperson shall have a casting vote in addition to his deliberative vote.

6. Decisions of the Board

All decisions of the Board shall be made at a properly convened meeting.

7. Minutes of meetings

Minutes in proper form of each meeting shall be kept and shall be confirmed by the Board at the next meeting and signed by the Chairperson and secretary of the meeting.

8. Vacancies, etc., not to invalidate proceedings

Subject to the provisions of paragraph 3 relating to quorum, the Board may act notwithstanding any vacancies in the membership thereof and no act or proceeding of the Board shall be invalid by reason only of some existence of a vacancy in the Board or defect in the appointment of a person who purports to be a member thereof.

9. Signing of documents

All orders, directions, notices, decisions, or other documents made or issued by the Board shall be signed by–

(a) The Chairperson of the Board; or

(b) The secretary or any officer authorised in writing in that behalf by the secretary.

10. Proceedings to be regulated

Subject to the provisions of this Schedule the Board shall have power to regulate its own proceedings.

THIRD SCHEDULE
OATHS OF OFFICE

(Regulation 28(5))

PART I
OATH OF THE SECRETARY OF THE RECRUITMENT BOARD

I ............................................................................................. being appointed a Secretary of the Recruitment Board of the .................................................. Council swear in the name of the Almighty God/Solemnly affirm that I will all the time, well and truly serve the Board in the office of Secretary and I will support and uphold the Constitution of the United Republic of Tanzania, Laws and Regulations, and to the best of my judgement at all times give my advice to the Board for the good management of the Board in accordance with the law and regulation as by law established, and that I will not directly or indirectly reveal any matter as shall come to my knowledge in the discharge of my duties and committed to my secrecy.
SO HELP ME GOD
Sworn/affirmed at ..............................................................
By the said ......................................................................	............................... Deponent
This ................................. day of .....................................
Before me:
Name: .........................................................................
Designation .................................................................
Address ......................................................................
Signature ..................................................................... Commissioner for Oaths

PART II
OATH OF THE CHAIRPERSON/MEMBER OF THE RECRUITMENT BOARD

(Regulation 28(5))

I ......................................................................................... being called upon to exercise the functions of Chairperson/Member of the ........................................ Council Recruitment Board do swear/affirm that I will faithfully serve, not directly or indirectly reveal to any unauthorized person or otherwise in the cause of my duty of the contents or any part of the contents of any document communication or information whatsoever, which may come to my knowledge in the course of my duties as Chairperson/member of the Board,
SO HELP ME GOD
Sworn/affirmed at ..............................................................
By the said .......................................................................	................................. Deponent
This ................................. day of .....................................
Before me:
Name: .....................................................................
Designation ..............................................................
Address ...................................................................
Signature ..................................................................... Commissioner for Oaths

FOURTH SCHEDULE
PROCEEDING INVOLVING PENALTY LESS THAN DISMISSAL

Disciplinary Code

(Regulation 83(2))

>	DISCIPLINARY CODE PART A	PERMISSIBLE PENALTIES
	Where the Officer	1st Breach>	2nd Breach>	3rd Breach>	4th and Subsequent Breaches
(a)	Is late for work	Reprimand	Fine of an amount not exceeding one quarter of a month's pay	Reduction in salary	Dismissal
(b)	Is absent from work place during working hours without employer's permission	Reprimand	Deferment of increment of salary	Reduction in rank or seniority	Dismissal
(c)	Is absent from work without reasonable cause	Fine of an amount not exceeding one quarter of a month's pay or the amount equivalent to one day's pay	Deferment of increment of salary	Dismissal
(d)	Fails to complete his/her task	Deferment of increment	Stoppage of increment of salary	Dismissal
(e)	Neglects his/her duties but not as to endanger the safety of persons or property	Fine of an amount not exceeding one quarter of a month's pay	Reduction in rank or seniority
(f)	Fails to comply with the employer's instructions relating to work (including without prejudice to the generality of the foregoing those designed to increase efficiency or output)	Stoppage of increment	Reduction in rank or seniority	Dismissal

PROCEEDINGS FOR DISMISSAL
	DISCIPLINARY CODE PART B	PERMISSIBLE PENALTY ANY BREACH
	Where the officer:
(a)	Wilfully damages, misuses or misappropriates buildings, machinery, raw materials, other property or tools or any other object used in connection with the Council's works;	Dismissal
(b)	Neglects or fails to carry out his/her duties thereby endangering himself/herself or others or property or neglects or fails to comply with any instructions relating to safety or welfare;	Dismissal
(c)	Commits any unjustifiable assault or brawl at the place or in the cause of work;	Dismissal
(d)	Commits an unjustifiable assault, whether or not at his/her place, of work on his/her employer, a member of his/her employer's immediate family or a member of the management staff;	Dismissal
(e)	Commits any serious act of insubordination at the employer's premises or during work hours against the employer or the employer's representatives;	Dismissal
(f)	Is unable to perform his/her work efficiently by reason of the improper use of alcohol;	Dismissal
(g)	Is unable to perform his/her work efficiently by reason of the improper use of drugs;	Dismissal
(h)	Is convicted by any court of any unlawful act at the place of, or in the course of, work unless such employee successfully appeals against such conviction;	Dismissal
(i)	Is guilty of an immoral act at the place or in the course of work;	Dismissal
(j)	Smokes in a place which the employer has forbidden for reasons of safety or health;	Dismissal
(k)	Is convicted by court of an offence involving corrupt practices, fraud or dishonesty, or for which he/she was sentenced to imprisonment, unless such employee successfully appeals against such conviction;	Summary Dismissal
(l)	Without due authority discloses or conveys any information or any technical, trade or confidential matter to the prejudice of his/her employer;	Dismissal
(m)	Being an employee of the Council, commits any act which is against public interest;	Dismissal
(n)	Being in a position of authority takes advantage of his/her official position, and commits or attempts to commit rape or sexual harassment with or without an intention to commit rape;	Dismissal
(o)	With intent to cause sexual annoyance to a fellow employee or any other person utters any word or sound; makes any gesture or exhibits any word or object intending that such word or sound shall be heard or the gesture or object shall be seen by that other person so as to amount into an offence of sexual assault.	Dismissal

FIFTH SCHEDULE
SERVICE AGREEMENT

(Regulation 9)

THE ................................................................ COUNCIL AGREEMENT FOR OFFICERS ON LOCAL CONTACT TERMS OF SERVICE
AN AGREEMENT made on the ......................... day ......................... between the Council Director ........................................... acting on behalf of the ................................. Council (hereinafter called the Council) of the one part and ............................................ (hereinafter called the officer) of the other part.
The officer agrees to serve in the local government service as directed by the Council and undertakes that he/she will diligently and faithfully perform the duties of .............................. ......................................................... (Name title of Post) for the term of his/her engagement and shall act in all respects in accordance with the instructions given to him/her by the ............................................ Council through the Council Director.
The term Council Director means any person for the time being performing the duties of the Director of the Council in which the officer may be employed and includes where the officer is employed in the department of the Council, the head of such a department and also includes an officer who may be authorised by the Council Director or head of department to perform any of the functions which under this agreement are to be performed by such Council Director or head of department.
The salary of the officer shall be at the rate of Shs. .......................... per annum in the ................................ Salary Scale.
This Agreement is subject to the conditions set forth in the schedule annexed and the schedule shall be read and construed as part of this Agreement.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands the day and year first above written.
SIGNED BY: .............................................. Name of Officer acting on behalf of the Council)	............................................................ (Signature of Officer acting on the behalf of the Council)
WITNESS NAME: .....................................	............................................................ Signature
SIGNED BY: ............................................ (Name of Officer accepting the appointment)	............................................................ (Signature of Officer accepting the appointment)
WITNESS NAME: .....................................	............................................................ Signature
In the presence of:
Name .......................................................
Signature ..................................................
Occupation ...............................................
Address ....................................................

1. Duration of employment

(1) Subject to the provisions of this Agreement, the officer shall serve the Council for a period of ...................................... months.

(2) The term of the engagement shall include any period of leave granted to the officer in respect of his service under this engagement.

(3) The officer may, notwithstanding the completion of the period of service provided for above, be retained in the service for a further period not exceeding six months if in the opinion of the Council the exigencies of the service demand it.

2. Further employment

If the officer desires to be engaged for another period of service following the completion of his/her engagement under this Agreement, he/she may, not less than six months before the expiration of the period of the engagement, give the Council a notice in writing of his/her intention to be so engaged for another term of service.

3. Communication by Council

The Council shall, upon receipt of the notice:

(a) in the case of category "A" staff communicate its contents to the Minister for his decision; and

(b) in the case of category "B" staff decide whether or not to engage the staff for another period of service.

4. Functions and duties of officers

During the term of his/her engagement the officer shall:

(a) perform all the functions and duties of the post to which he/she is appointed;

(b) perform other functions and duties as the Council may direct;

5. Local Government Service Act

The provisions of the Local Government Service Act and the Regulations made under the Act and all amendments to the Act or the Regulations made from time to time, shall apply to the officer's employment in the same manner as if the provisions were part of this Agreement.

6. Application of Regulations

The provisions of the Local Government Staff Regulations and other Council directives relating to local government service as amended and replaced from time to time shall, save insofar as this Agreement may provide to the contrary, apply to the officer's employment in the same manner as if such provisions were part of this Agreement.

7. Housing

(1) The officer will be eligible/entitled to the allocation of a Council house for which he/she will be required to pay an appropriate percentage of his salary as rent.

(2) Notwithstanding the provisions of subparagraph (1) of this paragraph a local government officer may instead of a housing allocation be paid rent assistance at such rate as the Council may determine, in conformity with guidelines and directives issued by the Minister.

8. Transport and travelling

(1) When travelling on duty or on transfer the officer shall be provided with transport facilities as may be prescribed or shall be paid transport allowance at the prescribed rate.

The officer shall also be paid the prescribed travelling allowances.

(2) When travelling on first appointment, the Council shall provide the officer with free transport at the appropriate grade by the recognized public transport service from the place of engagement to his duty station in Tanzania for himself/herself, spouse and all dependent children under the age of eighteen years unless they are students or disabled and dependent on the officer completely.

9. Termination of employment on medical grounds

If at any time a government medical officer certifies that by reason of a disease of body or mind not brought about by the officer's own misconduct or negligence, the officer is incapable of continuing to efficiently perform his duties as an employee of the Council, the Council may forthwith and without any notice terminate the officer's employment.

10. Termination of employment

(1) The Council may, at any time, terminate an officer's employment by giving him/her three months' notice in writing or by paying him/her one month's salary in lieu of notice.

(2) The officer may at any time terminate his/her engagement by giving to the Council three months' notice in writing or by paying to the Council one month's salary in lieu of notice. The officer will be required to refund any salary which he/she may have received for leave granted to him/her in excess of his/her entitlement and refund the cost of travelling granted to him on leave, if he/she did not become entitled to the benefits in view of his/her resignation.

(3) If the officer terminates his/her engagement otherwise than in accordance with the agreement, he/she shall be liable to pay to the Council as liquidated damages, three months' salary.

11. Leave and travel assistance

(1) Leave is a right of an employee included in the contract and the officer shall be granted leave with full pay on such terms as may, from time to time, be applicable to officers serving on contract terms.

(2) The terms prevailing on the date of this Agreement are as follows:

(a) All officers on contract terms are eligible for leave at the rate of 28 days per annum.

(b) Leave may be taken piecemeal but the full leave entitlement is required to be taken during the annual leave cycle in a respective period of one year commencing from the date of the officer's appointment.

(c) Leave may be accumulated in the interest of the service but must be taken within a period of two years or otherwise it may be paid for by the employer.

(3) No officer may be granted leave before completing 8 months of service from the date of first appointment and if an officer resigns after less than 12 months' service since his/her first appointment he/she will not be eligible for leave. Once in any one year of every two year period commencing from the date of first appointment, the officer will be granted for the purpose of travelling on leave, free transport for himself/herself, spouse and up to four dependent children under 18 years of age unless they are students or disabled and completely dependent on the officer by railway services or by recognised public motor transport or steamer/air services to and from–

(a) the point nearest to his/her home served by such service in the case of an officer domiciled in Tanzania;

(b) the point of entry to his/her country of domicile in the case of any officer domiciled outside Tanzania; or

(c) any other named destination provided that the cost of the cash grant issued for such journey or reimbursement to him/her towards the cost of such journey does not exceed what it would have cost the Council had he/she in fact travelled to his/her home on the grant.

12. Agreement to remain binding during leave

The officer shall, while on leave, be subject to the terms of this Agreement, the provisions of Local Government Service Act and Regulations made under the Act, the provisions of any other law for the time being in force and applicable to persons in the employment of the local government service and the provision of all Council orders and other directives for the time being in force in the same manner as if his/her period of engagement had not expired.

13. Gratuity

(1) On the satisfactory completion of the term of engagement, the officer shall be eligible to receive a gratuity of 25% of the total salary including salary to be paid during leave, as the case may be drawn by him/her in respect of the engagement.

(2) In the event of the engagement being terminated in accordance with the provisions of paragraph 10, the officer shall be eligible to receive a gratuity at the rate of 25% of the total salary (including salary to be paid on leave) drawn by him/her in respect of his/her service up to the date of such termination.

14. Liability for damage caused by officer

Where the Council suffers any pecuniary loss or damages as a result of non-compliance by the officer of any order, instruction direction given to him/her by the Council or as a result of any neglect of duty whatsoever on his/her part, the Council may require the officer to make good the loss or damages or any part of the loss or damage and may recover the amount of loss or damages or such part of the loss or damages as the Council may decide to make by withholding such portion of his/her salary every month as the Council may decide until the officer's liability is fully discharged.

15. Right to vary the terms of the contract

The employer shall have the right to vary the terms of the contract provided the officer is given a notice of three months before variation takes place,so as to afford him/her enough time to consider the benefits or disadvantages of the new terms.

THE FIRE AND RESCUE SERVICES (FIRE CERTIFICATES) REGULATIONS

TABLE OF CONTENTS

Regulation

Title

1. Citation.

2. [Omitted.]

3. Interpretation.

4. Fire Certificate to be displayed.

5. Owner of premises to render information.

6. Issuance of fire certificate.

7. Application to be made to the fire authority.

8. Owners of premises to observe safety and train staff.

9. Fire Authority to inspect and consider premises.

10. Fire Authority to acquire more information.

11. Inspection of premises.

12. Fire Authority to serve notice.

13. Before issuance of the Certificate the Fire Authority may inspect.

14. Application to the Commissioner when conducting business on fire equipment.

15. Commissioner to issue certificates.

16. Owner to inform the Commissioner.

17. Every owner to have permission.

18. Fees to be paid to the Commissioner.

19. Offences.

SCHEDULES

THE FIRE AND RESCUE SERVICES (FIRE CERTIFICATES) REGULATIONS

(Section 22(g) of Act No. 3 of 1985)

[1st September, 2000]

G.N. No. 432 of 2000

1. Citation

These Regulations may be cited as the Fire and Rescue Services (Fire Certificates) Regulations and shall be read as one with the Fire and Rescue Force Regulations *.

2. Omitted

[Omitted.]

3. Interpretation

In these Regulations, unless the context otherwise requires–

"the Commissioner" means the Commissioner of the Force;

"Fire Authority" means the Commissioner of Fire and Rescue Force and includes Officers authorised by him generally or specifically to exercise the powers, functions and duties conferred by the Fire and Rescue Services Act *;

"Fire Certificate" means the certificate issued by the appropriate Fire Authority which permits the use of a premises after the Fire Safety Inspection.

4. Fire Certificate to be displayed

For the purposes of these Regulations inspection and fire certificates shall be issued and the same shall be publicly displayed in the premises for:

(a) use as or for any purpose involving the provision of accommodation or sleeping of more than six (6) persons;

(b) use as or part of any institution providing treatment or care;

(d) use for the purposes or teaching, training or research;

(e) use for any purpose involving access to the premises by members of the public, whether on payment or otherwise;

(f) use as a place of work where more than twenty persons, in total, are at work in the whole of the premises at any one time;

(g) use as a place for storage of flammable liquids or gas.

5. Owner of premises to render information

Subject to regulation 4, the owners of premises must render full information in respect of fire precautions to the Fire Authority and apply for an Inspection and Fire Certificate.

6. Issuance of fire certificate

The Fire Authority upon completion of inspection of the premises shall issue a Fire Certificate.

7. Application to be made to the fire authority

An application for a Fire Certificate shall be made to the Fire Authority for the area in which the premises are situated.

8. Owners of premises to observe safety and train staff

Whilst the application for a Fire Certificate is pending the owner or occupier shall be required to observe the following–

(a) that the means of escape in case of fire at the premises can be safely and effectively used at all times when there are people on the premises;

(b) that the means for fighting fire with which the premises are provided are maintained in efficient working order; and

9. Fire Authority to inspect and consider premises

Where an application has been made for a fire safety certificate, it shall be the duty of the Fire Authority to inspect and consider whether the premises qualify for exemption from the requirements to have a Fire Safety Certificate.

10. Fire Authority to acquire more information

(1) Before a Fire Safety Certificate is granted, the fire authority may need to ask the occupier or, in the case of multiple occupation, the owners for more information about the premises.

(2) Subject to subregulation (a) plans may be required by the Fire Authority and if plans are not provided within the specified time or such further time as the fire authority may allow, the application will be deemed to have been withdrawn.

(3) Plans should comprise of simple outline drawings showing the essential features although a Fire Authority will normally accept architects plans if these are available and suitable for the purpose.

11. Inspection of premises

(1) Following an application for a Fire Certificate the Fire Authority shall inspect the premises.

(2) If the premises form only part of a building, the other parts may also require inspection. If, following the inspection, the fire authority is satisfied that by means of escape from fire and related fire precaution in the premises concerned are such as may reasonably be required in the circumstances of the case they may issue a Fire Certificate.

(3) The Fire Certificate shall specify–

(a) the use(s) of the premises to be covered by the certificate;

(b) the means of escape in case of fire;

(c) the methods for ensuring that the means of escape are safely and effectively used at all material times (this will cover such matters as measures to restrict the spread of fire, smoke and fumes, escape lighting and direction signs);

(d) the types, number and location of the fire alarms in case of factories;

(e) particulars of any explosive or highly flammable materials which may be stored or used in premises.

12. Fire Authority to serve notice

(1) If on inspection the Fire Authority is not satisfied with what is provided under paragraph (b) to (e) of regulation 11 the Fire Authority shall serve a notice on the applicant stating what steps shall have to be taken before they are so satisfied and they will not issue a Fire Certificate unless those steps are taken within a specified time.

(2) If a Fire Certificate is not issued by the Fire Authority within such further time allowed by the Fire Authority, the Fire Certificate will be deemed to have been refused, and it will be unlawful to use the premises for the purpose in question.

13. Before issuance of the Certificate the Fire Authority may inspect

(1) The Fire Authority may decide to incorporate during the inspection any of the following requirements before issuance of the Fire Safety Certificate:

(a) that the means of escape are properly maintained and kept free from obstruction;

(b) that the means of escape, fire fighting equipment and means for warning occupants of fire are properly maintained;

(d) in case of shops, that the number of people who may be in the premises at any time do not exceed a specified limit; and

(e) other precautions to be observed in relation to the risk from fire to persons in the premises.

(2) In the case of premises forming part of a building in multiple occupation a copy of the certificate must be kept in the premises to which it relates and it shall be an offence not to keep the Fire Certificate in the premises. The certificate will remain valid for one year.

14. Application to the Commissioner when conducting business on fire equipment

Every person intending to sell or provide fire and rescue service equipment to the public shall apply to the commissioner on the Form(s) set out to the Schedule to these Regulations indicating his intention to conduct business on fire and rescue service equipment.

15. Commissioner to issue certificates

(1) It shall be the duty of every owner or occupier of the premises where fire and rescue service equipment are kept or sold to seek permission and apply to the Commissioner on the Forms set out in the Schedule to these Regulations.

(2) Subject to subregulation (1) if the Commissioner is satisfied and upon payment of the prescribed fees, he shall grant the applicant a certificate shown under the Schedule to these Regulations.

(3) If the commissioner is not satisfied by the application he shall inform the applicant stating the reasons thereof of his rejection.

16. Owner to inform the Commissioner

Every owner or occupier of the premises where fire and rescue services or equipment are provided or sold shall inform the Commissioner when proposing to–

(a) make material extension of or material structural alteration to the premises;

(b) make material alteration in the internal arrangement of the premises;

(d) alter the fire equipment within the premises.

17. Every owner to have permission

Every owner of the factory shall inform and seek permission from the Commissioner before storing or using explosives or highly flammable materials in his premises.

18. Fees to be paid to the Commissioner

(1) Section 22(f) and (h) of the Act empowers the Minister after consultation and upon the recommendation of the Commissioner to make regulations necessary for rendering the Force efficient in the discharge of its duties.

(2) Subject to subregulation (1) the fees indicated in the Schedule I to these Regulations shall be paid to the Commissioner of the Force in each financial year.

(3) Any person who fails to pay the fees prescribed under the Schedule to these Regulations commits an offence and is liable on conviction to a fine of two hundred thousand shillings or to imprisonment for a term of twelve months.

19. Offences

Any person who–

(a) permits his premises to be used for selling fire and rescue services without having made an application for issuance of a Fire Certificate to the Commissioner or without displaying conspicuously his Fire Certificate on his premises commits an offence of which shall include every person named in the certificate;

(b) notwithstanding paragraph (a) any person who contravenes the provisions of these Regulations shall be guilty of an offence and liable on conviction to a fine of two hundred thousand shillings or to imprisonment for a term of twelve months.

SCHEDULE I
CERTIFICATES AND FEES

Premises not exceeding 500 m2"/> Floor Space

10,000,00

Premises not exceeding 5,000 m2"/> Floor Space

15,000.00

Premises exceeding 5,000 m2"/> Floor Space

20,000.00

Multiple Occupancy premises; for every occupant in addition to the above charges

5,000.00

Public Assembly Halls and Stadiums

30,000.00

Warehouse, Factory and Workshops

30,000.00

Fuel Filling and Service Stations

15,000.00

Fuel Farms

30,000.00

Hospitals and Health Centres

10,000.00

10.

Dispensaries, Clinics and Pharmacies

5,000.00

11.

Colleges and Training Institutions

10,000.00

12.

Schools

5,000.00

13.

Ships (Commercial) for Business use

30,000.00

14.

Boats (Commercial) for Business use

30,000.00

15.

Covered Car Parking

15,000.00

16.

Oil Refinery

30,000.00

17.

Lorries, Buses for Commercial use

10,000.00

18.

Saloon Cars/Pick ups for Commercial use

5,000.00

19.

Tankers, Hazardous Goods Carriers

30,000.00

20.

Fire Equipment Dealer's Certificate

100,000.00

21.

Auxiliary Fire Units

200,000.00

SCHEDULE II
FORMS

FORM FSC/1
APPLICATION FOR A FIRE CERTIFICATE

THE UNITED REPUBLIC OF TANZANIA

MINISTRY OF HOME AFFAIRS

FIRE AND RESCUE SERVICES ACT (ACT NO. 3 OF 1985)

(Section 22(g))

I hereby apply for a fire certificate in respect of the premises of which details are given below. I make the application as, or on behalf of, the occupier/owner of the premises.

Signature .........................................

Name and initials Mr/Mrs/Miss .....................................

(in block capitals)

If signing on behalf of a company or some other person, state the capacity in which signing.
....................................................................................................................................

Address .......................................................................................................................
....................................................................................................................................

Telephone Number .................................................. Date .............................................

To be completed by the Applicant:
1. Postal address of the premises

2. Name and address of the owner of the premises (in the case of premises in partnership, the names and addresses of all owners should be given.)

3. Details of the premises
(If the fire certificate is to cover the use of two or more sets of premises in the same building, details of each set of premises should be given on a separate sheet.)
(a) Name of occupier (and any trading name if different)	Mr/Mrs/Miss

(b) Type of business to be conducted in the premises

(c) Floor(s) in building on which premises situated (eg basement(s) , ground floor, first floor, etc.

(d) Number of persons employed to work in the premises................

(e) Maximum number of persons at work or it is proposed will work in the premises at any one time (including employees, self employed persons and trainees):


(i) Below the ground floor of the building ..................

(ii) on the ground floor of the building ......................

(iii) on the first floor of the building ....................

(iv) in the whole of the premises .................

(f) Maximum number of persons other than persons at work likely to be in the premises at any one time ................


(g) Number of persons (including staff, guests and other residents) for whom sleeping accommodation is provided in the premises:


(i) Below the ground floor of the building ...................

(ii) above the first floor of the building .........................

(iii) in the whole of the premises ......................

4. If the premises consist of part only of a building, the uses to which the other parts of the building are put (on a ............................ floor basis)

5 (a) Total number of floors (excluding basements) in the building in which the premises are situated .......................		6. Approximate date of construction of the premises .....................
(b) Total number of basements in that building ......................

7. Nature and quantity of any explosive or highly flammable materials stored or used in or under the premises.
Materials	Maximum quantity stored	Method of storage	Maximum quantity liable to be exposed at any one time

(continue on a separate sheet if necessary)

Nature of equipment	Number provided	Where installed	Is the equipment regularly maintained?
(a) Hose reels			Yes/No.
(b) Portable fire extinguishers			Yes/No.
(c) Others (specify type eg sand/water buckets, fire blankets			Yes/No.

FORM FSC/2
APPLICATION FOR A FIRE EQUIPMENT DEALERS CERTIFICATE

THE UNITED REPUBLIC OF TANZANIA

MINISTRY OF HOME AFFAIRS

FIRE AND RESCUE SERVICES ACT (ACT NO. 3 OF 1985)

(Section 22(g))

To be completed by the Applicant:
1. Particulars of the Applicant:
(a) Name of the Company: ....................................................................................
(b) Postal Address of the Company: ......................................................................
(c) Name of the Director/Chief Executive: ...............................................................
(Attach certificate of Incorporation/Business)
2. Category of Bussiness:
(Tick where appropriate)
(a) Servicing of fire equipment
(b) Sales of fire equipment
(c) Sales and servicing of fire equipment
(d) Installation of fire equipment
(e) Consultancy

3. Particulars of Technical Staff:
Name	Qualifications	Experience
1 ..................................................................................................................................
2 ..................................................................................................................................
3 ..................................................................................................................................
4 ..................................................................................................................................
(Attach Certificate/Testimonials)
4. Details of the Fire Equipment for Sale:
Nature of Equipment	Approval Bodies	Type/Make

5. ................................. Date of Application		....................................... Signature

6. For Office use only:
(a) Date application received: ...............................................................................
(b) Fees paid: ............................... Receipt No: ...................................................
(c) Action Taken ................................................................................................. ..................................................................................................................... ..................................................................................................................... .....................................................................................................................
(d) Signature with stamp: .....................................................................................
(e) Date: ......................................

FORM FSC/3
APPLICATION FOR ESTABLISHMENT OF AUXILIARY FIRE UNIT

THE UNITED REPUBLIC OF TANZANIA

MINISTRY OF HOME AFFAIRS

FIRE AND RESCUE SERVICES ACT (ACT NO. 3 OF 1985)

(Section 22(g))

1. Name of the Company/Applicant ................................................................................
2. Address of the Company/Applicant .............................................................................
3. Particulars of an Auxiliary Unit to be established.
(a) Category of Unit (Brigade, Unit, Station) ............................................................
(b) Location ........................................................................................................
(c) Strength–	(i) Fire Officers ...........................................
	(ii) Fire Engines (Type) ................................
	(iii) Auxiliary equipment ................................
4. Type of Fire Station Construction ...............................................................................
(Details of the infrastructure) ......................................................................................
5. Name of the proposed Chief Fire Officer qualifications and experience. (attach certificates/testimonials) ................................................................................
6. Explain briefly the purpose of the Unit ........................................................................
7. Date of Application ........................................... Signature ........................................
8. FOR OFFICIAL USE ONLY
(a) Date when application was received: ................................................................
(b) Fees paid: .................................... Receipt No. .............................................
(c) Action taken: .................................................................................................
.....................................................................................................................
.....................................................................................................................
.....................................................................................................................
(d) Signature with stamp: ....................................................................................
(e) Date: ..........................................
	No. ....................................

FORM FSC/4
FIRE SAFETY CERTIFICATE

THE UNITED REPUBLIC OF TANZANIA

MINISTRY OF HOME AFFAIRS

FIRE AND RESCUE SERVICES ACT (ACT NO. 3 OF 1985)

(Section 22(g))

This is to Certify that
.....................................................................................
Commissioner for Fire and Rescue Services Force

is in compliance with the terms of the Fire Safety Regulation made under section 22(g) of Act No. 3 of 1985. This certificate is valid from ................................ to ..................................

Given under my hand this ......................................... day of ....................................

..............................................................................
Commissioner for Fire and Rescue Services Force

FORM FSC/5
CERTIFICATE OF COMPETENCE

THE UNITED REPUBLIC OF TANZANIA

MINISTRY OF HOME AFFAIRS FIRE AND RESCUE SERVICES ACT (ACT NO. 3 OF 1985)

(Section 22(g))

This is to certify that ......................................................................................................
of P.O. Box ...................................................................................................................
is registered by this office as a competent dealer in ..........................................................
.....................................................................................................................................
....................................................................................................................................

COMMISSIONER FOR FIRE AND RESCUE SERVICES FORCE

Note: This certificate must be kept in a conspicuous position at the principal place of business.

{/mprestriction}

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