CHAPTER 298
PUBLIC SERVICE ACT

[SUBSIDIARY LEGISLATION]

INDEX TO SUBSIDIARY LEGISLATION

   REGULATIONS

      The Teachers' Service Commission Regulations

      The Teachers' Service Commission (Pensions and Gratuities) Regulations

      The National Joint Staff Council (Constitution and Procedure) Regulations

      The Civil Service Regulations

      The Local Government (Service Scheme) Regulations

      The Local Government Service Commission Regulations

      The Local Government (Officers Code of Conduct) Regulations

      The Local Authorities Provident Fund (Deposits and Withdrawals) Regulations

      The Fire and Rescue Force Regulations

      The Local Government Service (Staff Code of Conduct) Regulations

      The Local Government District Authorities (Councillors Code of Conduct) Regulations

      The Local Government Service Regulations

      The Fire and Rescue Services (Fire Certificates) Regulations

REGULATIONS

THE TEACHERS' SERVICE COMMISSION REGULATIONS

(Section 18 of Act No. 1 of 1989)

G.Ns. Nos.
541 of 1964
636 of 1964
276 of 1966
335 of 1966
37 of 1968
236 of 1973
20 of 1975
48 of 1978
92 of 1981

PART I
PRELIMINARY PROVISIONS (regs 1-2)

1.   Title

   These Regulations may be cited as the Teachers' Service Commission Regulations.

2.   Interpretation

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

   "Act" means the Teachers' Service Commission Act;

   "appointment" includes an appointment on promotion;

   "Certificate to teach" means a certificate to teach issued in accordance with section 45 of the Education Act *;

   "the Commissioner" includes any person authorised by the commissioner to exercise his function, powers or duties under these Regulations;

   "citizen" means a citizen of the United Republic;

   "disciplinary authority" means an employer, the District Committee the Regional Committee or the Central Board;

   "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;

   (c)   the teacher has brought the teaching profession into disrepute;

   (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;

   (c)   an aided education post approved by the Minister;

   (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;

   (c)   on his probationary appointment being determined under regulation 15;

   (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;

   (c)   if he is not a citizen, unless the Minister consents to it.

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

   (c)   the member's appointment be terminated.

   (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;

   (c)   in paragraphs (a) and (b), succeeding incremental dates shall follow at yearly intervals:

   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.

(c) Tenure of Appointments (regs 21-27)

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;

   (c)   reduction in grade;

   (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;

   (c)   to set a good example in his conduct and his person at all times to the children under his care;

   (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;

   (c)   reduction in grade;

   (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;

   (c)   you are not eligible for any pension;

   (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;

   (c)   the provisions of this regulation shall not apply to a teacher who is not a citizen of the United Republic.

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

   (c)   on account of circumstances specifically attributable to the nature of his duty,

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

   (c)   remains a Member of Parliament for not more than ten years,

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;

   (c)   an officer of the Treasury appointed by the Minister for finance;

   (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

   (c)   shall be confirmed by the Council at the next meeting thereof and signed by the Chairman of that meeting.

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;

   (c)   in the case of a Ministry, the Permanent Secretary of that Ministry;

   (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;

   (c)   whether or not the proposed post is to be a pensionable 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;

   (c)   the power to extend the probationary period of any 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

   (c)   where the vacancy is in a post in the auxiliary grade; 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;

   (c)   the date upon which the officer assumed the duties of the new post:

   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.

   (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)

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