CHAPTER 241
POLICE FORCE AND PRISONS SERVICE COMMISSION ACT

[SUBSIDIARY LEGISLATION]

INDEX TO SUBSIDIARY LEGISLATION

   REGULATIONS

      The Police Force Service Regulations

      The Prisons Service Regulations

REGULATIONS

THE POLICE FORCE SERVICE REGULATIONS

ARRANGEMENT OF REGULATIONS

   Regulation

Title

PART I
PRELIMINARY PROVISIONS

   A. 1.   Citation.

   A. 2.   Interpretation.

PART II

   A. 3.   Constitution and abolition of Police Offices.

PART III
APPOINTMENTS (INCLUDING PROMOTIONS AND TRANSFERS) CONFIRMATION OF APPOINTMENTS AND TERMINATION OF APPOINTMENTS (OTHERWISE THAN BY DISCIPLINARY PROCEEDINGS)

A.    Police Officers of and above the rank of Senior Assistant Commissioner of Police

   B. 1.   Application of Head A.

   B. 2.   Powers of appointment and promotion.

   B. 3.   Notification of vacancies in offices above Assistant Commissioner.

B.   Police Officers of the Rank of Assistant Inspector of Police up to and including that of Assistant Commissioner

   B. 4.      Application of Head B.

   B. 5.      Powers of Commission.

   B. 6.      Selection of candidates.

   B. 7.      Notification of vacancies in other offices.

   B. 8.      Advertisement of vacant posts.

   B. 9.      Vacancies dependent on examinations.

C.   Police Officers below the rank of Assistant Inspector

   B. 10.    Application of Head C.

   B. 11.    Powers of the Inspector General.

   B. 12.    Enlistment and re-engagement.

   B. 13.    Previous service elsewhere to count for gratuity.

   B. 14.    Discharge of non-pensionable officers.

D.   General and Miscellaneous

   B. 15.    Terms of appointment.

   B. 16.    Probationary period on first appointment.

   B. 17.    Promotion on trial.

   B. 18.    Further engagement.

   B. 19.    Termination of appointments of non-pensionable officers.

   B. 20.    Termination of appointment on disciplinary grounds.

   B. 21.    Termination of appointment on medical grounds.

   B. 22.    Not to resign without permission.

   B. 23.    Declaration on joining the Force.

   B. 24.    Other interests prohibited.

   B. 25.    Prolongation of service in case of war.

   B. 26.    Cases not covered by this part.

   B. 27.    Special procedure.

PART IV
DISCIPLINE

A.   General

   C. 1.   Discipline.

   C. 2.   Disciplinary authority for ranks above Senior Assistant Commissioner.

   C. 3.   Disciplinary authority in case of Officers below Senior Assistant Commissioner.

   C. 4.   Junior Police Officers.

   C. 5.   Offence against discipline.

   C. 6.   Procedure at inquiries into disciplinary offences: Inspectors.

   C. 7.   Procedure at inquiries into disciplinary offences: non-commissioned officers and constables.

   C. 8.   Power of disciplinary authorities.

B.   Disciplinary proceedings Senior Police Officers

   C. 9.   Type of proceedings.

   C. 10.   Cases where formal proceedings applicable.

   C. 11.   Cases where summary proceedings applicable.

   C. 12.   Commencement of formal proceedings.

   C. 13.   Inquiry into disciplinary charge.

   C. 14.   Certain persons not to be appointed inquiry officers.

   C. 15.   Inquiring procedure.

   C. 16.   Conclusion of inquiry.

   C. 17.   Procedure in summary proceedings.

   C. 18.   Appeals.

   C. 19.   Criminal offence in respect of disciplinary matters.

   C. 20.   Fines to be recovered by stoppage of pay.

   C. 21.   Where a Police Officer commits a criminal offence.

   C. 22.   Punishment.

   C. 23.   Interdiction, suspension and withholding of increments.

PART V
FINANCIAL BENEFITS

   D. 1.   Commencement of pay.

   D. 2.   Cessation of pay.

   D. 3.   Cessation of allowance.

   D. 4.   Leave without pay and allowances.

   D. 5.   Issue of pay and allowances.

   D. 6.   Delay in submission of claims.

PART VI
PAY FOR POLICE OFFICERS

   E. 1.   Police Emoluments Committee.

   E. 2.   Rates of pay and allowances for Police Officers.

   E. 3.   Granting of increments.

   E. 4.   Rules for reckoning increments on promotion.

PART VII
ALLOWANCES AND OTHER EMOLUMENTS FOR POLICE OFFICERS

   F. 1.   Restriction on payment of allowances.

   F. 2.   Restrictions on payments for private employment of Police Officers.

   F. 3.   Subsistance allowance.

   F. 4.   Trade pay allowance.

   F. 5.   Professional allowance.

   F. 6.   Rent assistance allowance.

   F. 7.   Plain clothes allowance.

   F. 8.   Outfit allowance.

   F. 9.   Living allowance.

   F. 10.   Detective allowance.

   F. 11.   Dog handling allowance.

   F. 12.   Bicycle allowance.

   F. 13.   Band allowance.

   F. 14.   Driver's proficiency allowance.

   F. 15.   Instructors' allowance.

   F. 16.   Responsibility allowance.

   F. 17.   Transport allowance.

   F. 18.   Mileage allowance.

   F. 19.   Marine allowance.

   F. 20.   Flying allowance.

   F. 21.   Special skills allowance.

   F. 22.   Licence endorsement allowance.

   F. 23.   Hardship allowance.

   F. 24.   Professional risk allowance.

   F. 25.   Stress allowance.

   F. 26.   Signals allowance.

   F. 27.   Foreign service allowance.

   F. 28.   Entertainment allowance.

   F. 29.   Disturbance allowance.

   F. 30.   Night Duty allowance.

PART VIII
PENSIONS AND GRATUITIES

HEAD A

   G. 1.   Application of Head A.

   G. 2.   When gratuity may be granted.

   G. 3.   Where Police Officer dies while on contract.

   G. 4.   Where death occurs before receipt of gratuity.

   G. 5.   Recovery of debt from gratuity.

   G. 6.   Gratuity not assignable.

HEAD B

   G. 7.   Special provisions on retiring benefits.

   G. 8.   Transport entitlement on retirement.

PART IX

   H. 1.   [Revocation and savings.]

THE POLICE FORCE SERVICE REGULATIONS

(Section 22)

[1st January, 1995]

G.Ns. Nos.
... of 1995
161 of 1998

PART I
PRELIMINARY PROVISIONS (regs A.1-A.2)

A.1.   Citation

   These Regulations may be cited as the Police Force Service Regulations.

A.2.   Interpretation

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

   "the Act" means the Police Force and Prisons Service Commission Act *;

   "an increment" means an increase of pay of a prescribed amount granted annually on incremental scales until the maximum of the scale is reached;

   "appointment" includes:–

   (a)   a probationary or 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;

   "appropriate tribunal" in the case of–

   (a)   an Inspector means the Inspector General of Police, a Commissioner, a Deputy Commissioner, a Senior Assistant Commissioner, Assistant Commissioner or a board consisting of not less than two Senior Police Officers appointed by the Inspector General;

   (b)   a non-commissioned officer or a constable means a Senior Police Officer;

   "child" means–

   (a)   unmarried child, child born out of wedlock, step-child, legally adopted child or child of a deceased near relative, who is not more than eighteen years of age and is wholly maintained by the officer;

   (b)   unmarried child, child born out of wedlock, step-child, legally adopted child or child of a deceased near relative, of any age, who because of physical or mental infirmity is unable to earn a living and is therefore wholly maintained by the officer;

   (c)   unmarried child of any age who for reasons of undergoing studies at any recognised institution is unable to earn a living and is wholly maintained by the officer;

   "Commanding Officer" means the Inspector General, a Commissioner, a Deputy Commissioner, a Senior Assistant Commissioner, an Assistant Commissioner, a Regional Police Commander and a Senior Police Officer for the time being in charge of any of those branches of the Police Force known as the Criminal Investigation Department, the Field Force, the Marine Unit, the Police Air Wing, the Police College, the Police Training School, the Police Railways Division, the TAZARA Police, the Signals Branch, the Airport Police Division and the Dog and Horse Unit or any other Unit/Branch or Division as may be prescribed from time to time by the Inspector General of Police;

   "Commission" means the Police Force and Prisons Service Commission established under section 4 of the Police Force and Prisons Service Commission Act *;

   "Commissioner" means a Commissioner of Police appointed under section 8 of the Police Force and Auxiliary Services Act *;

   "Committee" means the Police Force Emoluments Committee established under Regulation E.1 of these Regulations.

   "Disciplinary Authority" shall have the meaning assigned to that term by Regulations C.2, C.3, C.4 and includes in any case where the powers of a disciplinary authority are exercised by the President under the authority of regulation C.2, the Permanent Secretary to the President;

   "eligible post" means any post in the Police Force prescribed by the Inspector General for eligibility of responsibility allowance;

   "Inquiry Officer" means an officer appointed to carry out an inquiry under regulation C.13;

   "Inspector" means an Inspector of Police and includes an Assistant Inspector of Police;

   "Inspector General" means the Inspector General of Police;

   "Junior Police Officer" means a Police Officer of or below the rank of Inspector;

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

   "Minister" means the Minister for the time being responsible for matters relating to the Police Force;

   "night duty" means a scheduled duty tour of a duration of not less than six consecutive hours and such duty tour extends beyond midnight;

   "performance standard" shall mean the standard of performance prescribed by the Inspector General;

   "Police Force" means the Police Force of the United Republic of Tanzania constituted in accordance with the Police Force and Auxiliary Services Act *;

   "Permanent Secretary" means the Permanent Secretary of the Ministry for the time being responsible for matters relating to the Police Force;

   "professional qualification" means advanced diploma, any recognised university degree, or other recognised equivalent qualification from a recognised University or Institution;

   "Senior Police Officer" means a Police Officer above the rank of Inspector;

   "stress post" means any post in the Police Force designated by the Inspector General for the purpose of stress allowance;

   "Technician Certificate" means a certificate issued by a recognised Institution to the effect that the person named therein has acquired technical skills of a particular trade at specific level.

   (2) Subject to the provisions of paragraph (1) the definitions set out in section 2 of the Police Force and Auxiliary Services Act * shall apply to these Regulations in so far as the same may be applicable.

PART II
CONSTITUTION AND ABOLITION OF POLICE OFFICES (reg A.3)

A.3.   Powers to constitute and abolish offices

   (1) The powers of constituting and constitute abolishing offices in the Police Force are and vested in the President.

Application for constitution of an office

   (2) An application for the constitution of an office in the Police Force shall be made by the Permanent Secretary to the President 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;

   (c)   whether the proposed office is to be a pensionable 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 of the proposed office will be required to perform;

   (f)   whether or not funds are available;

   (g)   such other matters as the President may require.

   (3) An application for the abolition of an office in the Police force shall be made by the Permanent Secretary to the President and every such application shall state–

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

   (b)   such other matters as the President may require.

PART III
APPOINTMENTS (INCLUDING PROMOTIONS AND TRANSFERS) CONFIRMATION
OF APPOINTMENTS AND TERMINATION OF APPOINTMENTS (OTHERWISE
THAN BY DISCIPLINARY PROCEEDINGS) (regs B.1-B.27)

A.   Police Officers of and above the rank of Senior Assistant Commissioner of Police (regs B.1-B.3)

B.1.   Application of Head A

   This part of these Regulations shall apply to officers in the Police Force and above the rank of Senior Assistant Commissioner.

B.2.   Powers of appointment and promotion

   The power of appointment, promotion, confirmation and termination of appointment of Police Officers of and above the rank of Senior Assistant Commissioner are vested in the President of the United Republic of Tanzania.

B.3.   Notification of vacancies in offices above 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 Inspector General shall notify the Permanent Secretary who in turn shall notify the Minister and the Permanent Secretary in the President's Office. The Permanent Secretary in the President's Office shall forward the same to the President stating whether–

   (a)   the vacancy should be filled by the promotion or transfer of a serving Police Officer; or

   (b)   it is likely that a suitable candidate will be found serving elsewhere in a Government department; or

   (c)   it is likely that a suitable candidate will be found by advertisement in Tanzania or elsewhere.

   (2) Where the Inspector General recommends the promotion or transfer of a serving Police Officer to fill the vacancy, he shall furnish to the Permanent Secretary, who shall in turn forward to the Permanent Secretary in the President's Office. The Permanent Secretary in the President's Office shall forward with his opinion to the President for decision, the record of service in Tanzania of the officer recommended together with names of any Police Officers who would be superseded and reasons for recommending such supersession.

   (3) Where the Inspector General is unable to recommend the promotion or transfer of a serving Police Officer to fill the vacancy, he shall notify the Permanent Secretary who in turn shall inform the Permanent Secretary in the President's office. The Permanent Secretary in the President's office shall inform the President of the names of officers holding the rank from which promotion would normally have been made together with reasons for not recommending those officers for his decision.

   (4) Where the Inspector General is of the opinion that no suitable candidate is likely to be found in Tanzania, he shall notify the Permanent Secretary in the President's Office for onward information to the President, of the arrangements which exist or are in prospect for the training of local candidates to fill such vacancy.

B.   Police Officers of the rank of Assistant Inspector of Police up to and including that of Assistant Commissioner (regs B.4-B.9)

B.4.   Application of Head B

   This part of these Regulations shall apply to officers in the Police Force of or above the rank of Assistant Inspector up to and including that of Assistant Commissioner.

B.5.   Powers of Commission

   (1) The Commission shall have the following powers in respect of officers of the rank of Assistant Inspector up to and including the rank of Assistant Commissioner –

   (a)   the power of appointment (including appointments on promotion);

   (b)   the power of confirmation in his appointment of any Police Officer appointed on probation or the extension of the probationary period of any such officer;

   (c)   the power to terminate the appointment of any such officer under the provisions of this part of these Regulations.

   (2) The Commission 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 conferred on the Commission by paragraph (1) in respect of any Police Officer appointed or to be appointed on temporary terms.

B.6.   Selection of candidates

   (1) In selecting candidates for appointment (including appointments on promotion) the Commission will have regard primarily to the efficiency of the Police Force.

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

B.7.   Notification of vacancies in other offices

   (1) Where a vacancy occurs or it is known that a vacancy will occur in any office to which this part of these Regulations applies, the Inspector General shall notify the Commission.

   (2) Where notification of a vacancy is given under this regulation the Inspector General shall make to the Commission recommendations stating whether in his opinion–

   (a)   the vacancy should be filled by the promotion or transfer of a serving Police Officer; or

   (b)   it is likely that a suitable candidate will be found elsewhere in a Government department; or

   (c)   it is likely that a suitable candidate will be found by advertisement in Tanzania or elsewhere.

   (3) Where the Inspector General recommends the promotion or transfer of a serving Police Officer to fill the vacancy, he shall furnish to the Commission the record of the officer recommended together with names of any Police Officers who would be superseded and the reasons for recommending such supersession.

   (4) Where the Inspector General is unable to recommend the promotion or transfer of a serving Police Officer to fill the vacancy, he shall report to the Commission the names of the officers holding the rank from which promotion would normally be made together with his reasons for not recommending those officers for promotion.

B.8.   Advertisement of vacant post

   (1) Subject to the provisions of paragraph (2) below, applications for appointment to vacant posts will be invited by public advertisement in Tanzania in such manner as the Commission may determine.

   (2) A vacant post will not be advertised where the Commission is satisfied that the post should be filled by the promotion, transfer or a re-engagement of a serving officer or the continued employment of an officer on temporary terms.

B.9.   Vacancies dependent on examinations

   Where vacancies are to be filled according to the results of examinations held under the authority of the Commission the procedures set out on the preceding regulations of this part shall not apply and the Commission will make arrangements as may be appropriate.

C.   Police Officers below the rank of Assistant Inspector (regs B.10-B.14)

B.10.   Application of Head C

   This part of these Regulations shall apply to officers in the Police Force below the rank of Assistant Inspector.

B.11.   Powers of Inspector General

   The power in respect of Police Officers below the rank of Assistant Inspector in relation to appointment, promotion and termination of appointment re-engagement for further service on or after completion of an initial period of service, retirement on or after reaching voluntary retirement age, are hereby vested in the Inspector General.

B.12.   Enlistment and re-engagement

   (1) Enlistment in any rank below that 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 Inspector General. On the completion of the first period of enlistment or within three months before such completion the Inspector General may, in his discretion approve re-engagement for a further period of three years or such lesser period as he may from time to time determine and may similarly approve further re-engagements.

   (2) Notwithstanding the provisions of paragraph (1) above a police cadet shall be enlisted for a period of seven years or such lesser period as may from time to time be determined by the Inspector General.

   (3) No person who is under the age of eighteen years may be enlisted without the prior consent of his parent or guardian, and where such parent or guardian cannot be found, without the prior approval of District Commissioner of the district in which such person normally resides.

   (4) On completion of not less than twelve years of continuous service, the Inspector General may recommend to the Permanent Secretary, admission to pensionable status of any Police Officer below the rank of Assistant Inspector if such officer has applied for such admission and the Inspector General is satisfied that he is, in all respects, suitable to be granted pension. On such admission he shall be confirmed in his appointment and shall cease to be eligible for the award of retiring benefits under the provisions of the Police Force and Auxiliary Services Act *.

   (5) If any non-pensionable Police Officer below the rank of Assistant Inspector offers to re-engage for service within six months after having received his discharge, he shall, if there is a vacancy and if the Inspector General 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 Inspector General approves, be deemed to be continuous for the purposes of the award of a gratuity under the provisions of the Police Force and Auxiliary Services Act *.

   (6) If any such officer as described in paragraph (5) is permitted to re-engage for service after the expiration of six months from the date of his discharge, the Inspector General may, subject to the approval of the Permanent Secretary, allow his previous service or part thereof to count for the purpose of the award of a gratuity under the provisions of the Police Force and Auxiliary Services Act *, and the question of his reinstatement in the rank or grade which he held at the date of his discharge shall be decided by the Inspector General in his discretion.

B.13.   Previous service elsewhere to count for gratuity

   (1) If any non-pensionable Police Officer below the rank of Assistant Inspector who has previously served in an approved Police Service or in the Public Service, 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 the Police Force and Auxiliary Services Act *, his period of previous service in such Police Service or Prisons Service as if it had been service in the Police 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 Police Service" means a Police Service constituted similarly to the Police Force and approved by the Permanent Secretary for the purposes of this regulation.

B.14.   Discharge of non-pensionable officers

   (1) Subject to the provisions of these Regulations, any non-pensionable Police Officer below the rank of Assistant Inspector who has completed his period or periods of service in accordance with the provisions of these Regulations shall be discharged by the officer in charge of Police at the place where he is stationed unless at the date of such completion of service he is undergoing punishment for 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 have terminated or until he has undergone his trial and has been acquitted or has suffered any punishment which may have been imposed in respect of the offence charged.

   (2) Any Police Officer below the rank of Assistant Inspector may be discharged by the Inspector General at any time–

   (a)   if after investigation and after giving the officer an opportunity to make representations the Inspector General considers that he is likely to become or has ceased to be an efficient Police Officer;

   (b)   if he is pronounced by a Government medical officer to be mentally or physically unfit for further service;

   (c)   on dismissal from the Force for misconduct;

   (d)   on reduction of establishment;

   (e)   on purchase of his discharge, with the approval of Inspector General at the following rates–

      -   One full month - during the first year gross salary of service contract;

      -   Two thirds of full - during the second month gross salary, year of service contract;

      -   One half of full - during the third month gross salary, or any subsequent year of service;

      (these rates may be varied by the Inspector General from time to time and be published in the Force Orders):

   Provided that if at the date of the purchase of discharge such officer has not completed the period of service for which he was first enlisted, he shall refund the whole or such portion of the cost (if any) as the Inspector General may determine, incurred by the Government:

   And provided further that the Inspector General shall have power to waive the payment of the whole or a portion of the payment for purchase of discharge in such circumstances as he shall deem fit.

   (3) The Inspector General may delegate the power conferred by paragraph (2) of this regulation to the Commanding Officer.

   (4) In reckoning the service of any non-pensionable Police Officer for 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;

   (c)   absence without leave exceeding forty-eight hours.

   (5) Every Police Officer who is discharged under the provisions of this regulation shall be granted a certificate of discharge in such form as the Inspector General may determine and shall, until he has received such certificate of discharge remain subject to the provisions of the Police Force and Auxiliary Services Act *.

D.   General and Miscellaneous (regs B.15-B.27)

B.15.   Terms of appointment

   (1) The terms of appointment to be offered to any person, other than a serving Police Officer, on his appointment to an office in the Police Force shall, subject to the provisions of the Police Force and Auxiliary Services Act * be determined by the Commission.

   (2) 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 office in the Police Force except with the prior approval of the President.

   (3) Subject to the provisions of paragraph (2) no person who is not a citizen of the United Republic shall be appointed to any office in the Police Force unless the Commission is satisfied that no citizen of the United Republic of Tanzania qualified and suitable for appointment is available, and the Inspector General certifies that it would not be in the public interest for the office to remain vacant.

B.16.   Probationary period on first appointment

   (1) Where any person is first appointed to an office in the Police 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 Commission shall consider whether–

   (a)   the officer should be confirmed in his office; 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 the 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.

   (3) Where the Commission is of opinion that a probationary period should be extended under subparagraph (c), or an appointment be terminated under subparagraph (d) of paragraph (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 provision of paragraph (2) but subject to the provisions of paragraph (3) the Commission may at any time terminate a probationary appointment.

   (5) The Commission 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 paragraph by a period exceeding the period which the officer concerned has served in such office or similar office on non-pensionable terms or a period of one year, whichever shall be the lesser.

B.17.   Promotion on trial

   (1) Where an officer has been promoted to the rank of Assistant Inspector or to any rank senior to that of Assistant Inspector and including that of Assistant Commissioner the Permanent Secretary may, at any time within six months (exclusive of any period of leave) of the effective date of 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 representations. The Permanent Secretary shall forward such representations, if any, together with his own observations, to the Commission.

   (2) The Commission will, 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 Commission will 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 requires or warrants further trial, adjourn its consideration of the matter for such period or periods as it may decide.

   (4) In this regulation reference to the Commission shall, in the case of an officer who has been promoted to a rank above that of Assistant Commissioner, be construed as references to the President.

B.18.   Further engagement

   Where an officer is serving on contract and is willing to engage on a further tour of service, the Permanent Secretary shall notify the Commission of the date when such contract will expire, and his recommendation whether it should be renewed or not. So far as is practicable, every such notification 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.

B.19.   Termination of appointments of non-pensionable officers

   (1) The power to terminate (otherwise than by dismissal), in accordance with the provisions of the contract, is hereby vested in of the Permanent Secretary subject to such instructions as the Commission may from time to time issue and, subject to any such instructions, no reference with regard to the exercise thereof shall be required to be made to the Commission.

   (2) The Permanent Secretary may authorise the Inspector General 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.

B.20.   Termination of appointment on disciplinary grounds

   If it appears to the Permanent Secretary that there is reason why an officer who has not attained the age of fifty-five years and who holds a pensionable office should be called upon to retire from the public service otherwise than on grounds of ill-health, the Permanent Secretary 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 the matter. The Permanent Secretary shall forward such representations, if any, together with his own observations to the Commission, and the Commission will decide whether such officer should be called upon to retire.

B.21.   Termination of appointment on medical grounds

   (1) Where it appears to the Permanent Secretary 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 such officer to present himself to a medical practitioner approved by the Chief Medical Officer or to 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 Medical Board, as the case may be, the Chief Medical Officer 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 recommendations and any representations which the officer concerned wishes to make, to the Commission which shall decide whether the officer should be called upon to retire on medical grounds.

   (3) In this regulation, reference to the Commission shall, in the case of an officer above the rank of Assistant Commissioner, be construed as reference to the President and in paragraph (1) of this regulation, references to the Permanent Secretary and the Chief Medical Officer shall be deemed to include references to the Senior Officer of the relevant Ministry or Division in a region.

B.22. Not to resign without permission

   No Police Officer below the rank of Superintendent shall be at liberty to resign from the Police Force while serving a period of engagement or re-engagement unless expressly permitted to do so by the Inspector General or by some other person authorised by the Inspector General to grant such permission.

B.23.   Declaration on joining the Force

   (1) Every Police Officer shall, on appointment or enrolment, make and sign a declaration of allegiance before a magistrate or a Police Officer of or above the rank of Assistant Commissioner in such manner as he may declare to be most binding on his conscience, in such form as may be determined by the Inspector General.

   (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 a criminal offence.

   (3) Any person who wilfully makes a false statement in reply to a question put to him under paragraph (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding ten thousand shillings or to imprisonment for a term not exceeding one month or to both such fine and imprisonment.

   (4) Provided that Police Officers of or above the rank of Assistant Superintendent holding or acting in an office in the service of the United Republic shall take and subscribe the oath of allegiance in accordance with the Official Oaths Act *.

B.24.   Other interests prohibited

   No Police Officer shall without the consent of the Inspector General obtained in writing, engage in any employment or office whatsoever otherwise than in accordance with his duties under the Police Force and Auxiliary Services Act *.

B.25.   Prolongation of service in case of war

   Notwithstanding any other provisions of under these Regulations any Police Officer in whose period of service expires during a state of war, insurrection or hostilities may be retained by the Inspector General and his service prolonged for such further period as the Inspector General may direct.

B.26.   Case 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 may, from time to time be issued by the President or his delegate.

B.27.   Special procedure

   Where the Commission is satisfied that the public interest requires that any matter related to the appointment (including appointment on probation and transfers), 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 these Regulations, the Commission 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
DISCIPLINE (regs C.1-C.23)

A.   General (regs C.1-C.8)

C.1.   Discipline

   Subject to the provisions of this part of these Regulations, any offence against discipline or any other misconduct by any Police Officer shall be dealt with in accordance with these or other Regulations or Orders.

C.2.   Disciplinary authority for ranks above Senior Assistant Commissioner

   Disciplinary authority for officers of or above the rank of Senior Assistant Commissioner of Police shall be the Permanent Secretary and the final disciplinary authority shall be the President as stipulated under section 7(2) of the Police Force and Prisons Service Commission Act *.

C.3.   Disciplinary authority in case of Officers below Senior Assistant Commissioner

   (1) Subject to the provisions of section 7(3) of the Police Force and Prisons Service Commission Act *, the disciplinary authority in the case of any Police Officer of the rank of Assistant Inspector to the rank of Assistant Commissioner shall be the Inspector General, and the final disciplinary authority is vested in the Commission.

   (2) Any offence against discipline or any other misconduct by a Senior Police Officer shall be dealt with in accordance with these provisions.

   (3) Where the Inspector General is of the opinion that the gravity of any charge which is found to have been proved warrants the infliction of any of the following punishments–

   (a)   dismissal; or

   (b)   termination of appointment otherwise than by dismissal; or

   (c)   reduction in rank; or

   (d)   reduction in salary,

he shall not determine the punishment to be inflicted but shall submit to the Permanent Secretary a report on the investigation of the charge together with details of any matters which in his opinion aggravate or alleviate the gravity of the case.

   (4) Where a report is submitted by the Inspector General under this regulation the Permanent Secretary shall consider the report and–

   (a)   may, if he is of the opinion that the report should be amplified or that further investigation is desirable, refer the matter back to the Inspector General for further investigation and report;

   (b)   shall, after considering any further report, determine the punishment, if any, to be inflicted and inform the accused officer of such determination.

C.4.   Junior Police Officers

   The powers of discipline in respect of shall be exercised by Officers the Inspector General, Commanding Officer, Senior Police Officers and appropriate tribunals to the extent set out and otherwise in accordance with the provisions of this part of these Regulations.

C.5.   Offence against discipline

   Any Junior Police Officer who–

   (i)   persuades or endeavours to persuade, procures or attempts to procure, or assists any Police Officer to desert, or being cognizant of any such desertion or intended desertion does not without delay give information thereof to his superior officer;

   (ii)   strikes or uses or offers violence against his superior officer;

   (iii)   uses threatening or insubordinate language to his superior officer;

   (iv)   is guilty of insubordinate conduct;

   (v)   causes a disturbance in any police lines, barracks or station;

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