Related documents
- Is amended by Law School of Tanzania Act, 2007
Tanzania
Public Service Act, 2002
Chapter 298
- Published in Tanzania Government Gazette 22 on 31 May 2002
- Assented to on 27 April 2002
- Commenced on 1 July 2002 by Public Service Act, 2002 (Commencement) Notice, 2002
- [This is the version of this document at 30 November 2019.]
- [Note: This legislation has been thoroughly revised and consolidated under the supervision of the Attorney General's Office, in compliance with the Laws Revision Act No. 7 of 1994, the Revised Laws and Annual Revision Act (Chapter 356 (R.L.)), and the Interpretation of Laws and General Clauses Act No. 30 of 1972. This version is up-to-date as at 31st July 2002.]
- [Amended by Public Service (Amendment) Act, 2007 (Act 18 of 2007) on 8 February 2008]
- [Amended by Judiciary Administration Act (Act 4 of 2011) on 1 March 2012]
Part I – Preliminary provisions
1. Short title
This Act may be cited as the Public Service Act.2. Omitted
Omitted.3. Interpretation
In this Act, unless the context otherwise requires—"appointing authority" means any person or authority exercising powers of making appointment to any public service office;[Act No. 19 of 2004 sch.]"Chairman" means the chairman of the Commission and includes a person acting in that office;[Act No. 13 of 2016 s. 22]"Chief Secretary" means the public servant referred to in section 4 appointed to hold that office;"Commission" means the Public Service Commission established by section 9 and includes any department or division of the Commission;"Constitution" means the Constitution of the United Republic of Tanzania;[Cap. 2]"Council" has the meaning ascribed to it by the Local Government (District Authorities) Act or the Local Government (Urban Authorities) Act;[Caps. 287; 288]"disciplinary authority" means any person or authority vested with powers under the Constitution, this Act or any other law to take disciplinary action against any public servant appointed by or subordinate to him;"employer" means a person or organization, in public service, with whom a public servant entered into a contract of service and who is responsible for the payment of salaries of such a public servant;"judicial office" means an office to which Article 113 of the Constitution applies;[Cap. 2]"judicial officer" means any person who holds or acts in a judicial office;"local government authority" has the meaning ascribed to it by the Local Government (District Authorities) Act or the Local Government (Urban Authorities) Act;[Caps. 287; 288]"member" in relation to the Commission means a member of the Commission and includes the Chairman and, in relation to a committee, a member of the committee, and includes the Chairman of the committee;"Minister" means the Minister for the time being responsible for public service matters;"officer grade" means the lowest entry grade in the Public Service of a holder of a degree of a recognized University or equivalent qualification;"operational service" means the cadre of supporting staff not employed in the executive or officer grades;"parliamentary office" means an office constituted under the Parliamentary Services Commission Act;[Cap. 115]"parliamentary officer" has the meaning ascribed to it by the Parliamentary Services Commission Act;[Cap. 115]"Permanent Secretary" means the officer appointed as Permanent Secretary under section 5 and includes the Clerk of the National Assembly;"public servant" for the purpose of this Act means a person holding or acting in a public service office;"public service office" for the purpose of this Act means—(a)a paid public office in the United Republic charged with the formulation of Government policy and delivery of public services other than—(i)a parliamentary office;(ii)an office of a member of a council, board, panel, committee or other similar body whether or not corporate, established by or under any written law;(iii)an office the emoluments of which are payable at an hourly rate, daily rate or term contract;(iv)an office of a judge or other judicial office;(v)an office in the police force or prisons service;(b)any office declared by or under any other written law to be a public service office;"Recruitment Secretariat" means the Public Service Recruitment Secretariat established under section 29;"the Service" means the public service of the United Republic of Tanzania.Part II – Administration of the public service
4. Chief Secretary
5. Other executives in Service
6. Duties of executives in relation to Service
6A. Promotion and filling of vacant posts
7. Public Service Scheme
8. Administration and terms of Service
8A. Approval of salary and incentives
Part III – The Public Service Commission
9. Establishment of Commission
10. Functions of Commission
11. Oath of members
12. Remuneration of members
The members shall be paid such allowances and other benefits out of funds appropriated by Parliament in that behalf as may be determined by the Chief Secretary.[Act No. 18 of 2007 s. 8]13. Protection of members
14. Secretary and staff of Commission
15. Departments of Commission
16. Annual report
17. Communications of Commission privileged
Every report, statement or other communication, written or oral which the Commission may in the exercise of its functions under this Act make to the President or to any public servant or which may have taken place between the Commission, or any member or officer of the Commission or any public servant and the Chairman or between any members or officers of the Commission in connection with the exercise of the functions of the Commission shall be privileged in that, unless the President consents in writing in that behalf, its production or disclosure in any legal proceedings may not be compelled.18. Prohibition of unauthorised disclosure of information
19. Offence of attempt to influence Commission
20. Rules for exercise of functions of Commission
Part IV – Provisions relating to the functions of the President
21. Delegation of functions
22. Advice not binding President
For the avoidance of doubt, it is hereby declared that the conferment on the Commission of the duty of giving advice to the President in respect of the exercise of any of the functions vested in the President, shall not preclude the President from seeking advice in respect of the exercise of any functions from any other person.23. Powers of dismissal
24. Powers of removal
25. Appeals
Part V – Provisions relating to retirement benefits
25A. Age of retirement of public servant
26. Matters relating to retirement benefits
27. Exemption from application of certain conditions
Notwithstanding any other condition to the contrary, the Chief Secretary shall have power to exempt a public servant from any condition required for grant of pension or other terminal benefit.[Acts Nos. 2 of 2018 s. 116; 13 of 2019 s. 71]28. Exemption from conditions
Any exemption from application of any condition required for grant of pension or other terminal benefits to any public servant shall be granted in accordance with the provisions of section 46 of the public service Social Security Fund Act.[Act No. 2 of 2018 s. 117]Part VI – Special provisions
(a) The Public Service Recruitment Secretariat
29. Establishment and functions of Secretariat
29A. Delegation of functions and powers of Secretary
30. Repealed
Repealed by Act No. 25 of 2015 s. 24(d)(b) Executive agencies and public institutions service
31. Public servants in executive agencies and public institutions
(c) Operational Service
32. Public servants in Operational Service
Public servants in the Operational Service shall, apart from being governed by this Act, continue to be governed by the Employment and Labour Relations Act. [To be amended][Cap. 366; Act No. 18 of 2007 s. 11(b)]32A. Remedies under labour laws
A public servant shall, prior to seeking remedies provided for in labour laws, exhaust all remedies as provided for under this Act.[Act No. 13 of 2016 s. 26]33. Legal proceedings
34. Compensation for occupational disease or death
34A. Overriding effect
Where there is an inconsistency between the provisions of this Act and any other law governing executive agencies, public institutions or such other public service offices, the provisions of this Act shall prevail.[Act No. 24 of 2015 s. 22]35. Regulations
35A. Minister may issue guidelines, codes of good practice, etc.
36. Repeal of various Acts
[Repeals the Civil Service Act, the Fire and Rescue Services Act, the Local Government Service Act and the Teachers’ Service Commission Act.][Acts Nos. 16 of 1989; 3 of 1985; 10 of 1982; 1 of 1989]37. Savings and transitional provisions
History of this document
30 November 2019 this version
Consolidation
01 March 2012
Amended by
Judiciary Administration Act
08 February 2008
Amended by
Public Service (Amendment) Act, 2007
01 July 2002
Commenced by
Public Service Act, 2002 (Commencement) Notice, 2002
31 May 2002
27 April 2002
Assented to
Subsidiary legislation
Title | Numbered title |
---|---|
Local Government District Authorities (Councillors Code of Conduct) Regulations, 2000 | Government Notice 280 of 2000 |
Local Government Service (Staff Code of Conduct) Regulations, 2000 | Government Notice 279 of 2000 |
Local Government Service Regulations, 2000 | Government Notice 397 of 2000 |
Public Service (Standing Orders for the Public Service, 2009) (Amendment) Order, 2018 | Government Notice 119 of 2018 |
Public Service Disciplinary Code of Good Practice | Government Notice 53 of 2007 |
Public Service Recruitment Code of Good Practice | Government Notice 54 of 2007 |
Cited documents 0
Documents citing this one 118
Judgment 105
Act 9
1. | Local Government (Urban Authorities) Act, 1982 | 142 citations |
2. | Security of Employment Act | 67 citations |
3. | Prisons Act | 30 citations |
4. | Police Force and Prisons Service Commission Act | 17 citations |
5. | Commission for Human Rights and Good Governance Act | 9 citations |
6. | Judicial Service Act | 9 citations |
7. | Muhimbili National Hospital Act | 7 citations |
8. | Bank of Tanzania Act | 6 citations |
9. | Medical Stores Department Act | 3 citations |
Gazette 2
1. | Tanzania Government Gazette supplement number 10 dated 2007-03-09 number 10 | |
2. | Tanzania Government Gazette supplement number 31 dated 2018-08-17 number 33 |
Finding aid 1
1. | The Subsidiary Legislation of Tanzania Index - Vol. 2: 1998 - 2007 |
Journal 1
1. | Law Reformer Journal, Vol. 3, 2011, Number 1 |