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Local Government (Service Scheme) Regulations, 1982

Government Notice 139 of 1982

Local Government (Service Scheme) Regulations, 1982
Citation
Government Notice 139 of 1982
Primary work
Public Service Act, 2002
Date
31 July 2002
Language
English
Type
Government Notice
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Tanzania
Public Service Act, 2002

Local Government (Service Scheme) Regulations, 1982

Government Notice 139 of 1982

  • Published in Tanzania Government Gazette
  • Commenced
  • [This is the version of this document at 31 July 2002.]
  • [Note: This legislation was revised and consolidated as at 31 July 2002 and 30 November 2019 by 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. All subsequent amendments have been researched and applied by Laws.Africa for TANZLII.]
[Section 5 of Act No. 10 of 1982]

Part I – Preliminary provisions (regs 1-3)

1. Citation

This Scheme may be cited as the Local Government (Service Scheme) Regulations.

2. Application

This Scheme shall apply to and in respect of all—
(a)district authorities employing persons in respect of whom this Scheme applies;
(b)urban authorities employing persons in respect of whom this Scheme applies;
(c)officers and employees of local government authorities other than those paid wages on daily-rate basis;
(d)officers and employees of the Commission.

3. Interpretation

In this Scheme, unless the context requires otherwise—"the Act" means the Local Government Service Act1;1Cap. 291"approved establishment" means the establishment of posts in an employing authority, that has been approved in accordance with regulation 26;"Chairman" means the Chairman of the Commission, and includes the Vice-Chairman;"Commission" means the Local Government Service Commission established by section 4 of the Act;"local government office" means an office of emolument in the Service;"local government officer" means a person holding or acting in a local government office;"member" in relation to the Commission means a member of the Commission and includes the Chairman and the Vice-Chairman;"Minister" means the Minister responsible for local government;"proper officer" means—(a)in relation to an urban authority, the Minister;(b)in relation to a district authority, the Regional Commissioner for the region in which the district authority is established;"public officer" means a person holding office in a department of the Central Government or in a public or statutory corporation.

Part II – The commission (regs 4-11)

4. Constitution of the Commission

(1)The Commission shall consist of members appointed in pursuance of section 4 of the Act.
(2)There shall be a Vice-Chairman of the Commission who shall be appointed by the President.
(3)If the office of Chairman is vacant or if the person holding that office is for any reason unable to perform the functions of his office, then, until a person is appointed and assumes the functions of that office or until the person holding that office resumes those functions, as the case may be, the functions of the office of Chairman shall be performed by the Vice-Chairman, and if the Vice-Chairman is absent or unable to perform those functions, by a person appointed by the President.
(4)If at any time there are less than five members besides the Chairman or if a member is appointed to be the Chairman or is for any reason unable to perform the functions of his office, the Minister may appoint a person who is qualified for appointment as a member to act as a member, and any person so appointed shall, subject to regulation 6, continue to act until the office in which he is acting is filled or, as the case may be, until the holder of the office resumes its functions or until his appointment to act is revoked by the Minister.
(5)Where under subregulation (3) or (4) the President appoints any person to act in or perform the functions of the office of Chairman or, as the case may be, the Minister appoints any person to act in or perform the functions of the office of a member, no such appointment shall be called in question on the ground that the holder of the office was unable to perform those functions.

5. Oaths by members and officers

(1)The Chairman and every member of the Commission shall, before entering upon the exercise of the functions of his office, take and subscribe such oath as may be prescribed in that behalf under the Official Oaths Act2.2Cap. 266
(2)The Secretary, and such other officers of the Commission as may be determined by the Commission shall, each before entering upon the exercise of the functions of his office, take and subscribe the oath of office prescribed in the Schedule to this Scheme, in the presence of the Chairman or the Vice-Chairman.

6. Tenure of office

(1)Every member of the Commission shall vacate his office—
(a)upon the expiration of three years from date of his appointment;
(b)if any circumstances arise that, if he were not a member, would disqualify him from appointment as a member;
(c)upon receipt by the appointing authority of his written notice of resignation;
(d)if he absents himself from meetings of the Commission for a period longer than two consecutive months without the leave of the appointing authority, the said period of two months being calculated from and including the date of the first meeting of the Commission next after the last meeting at which he was present; or
(e)if the President directs that he be removed from office for inability to discharge the functions of his office, whether arising from infirmity of body or mind or any other cause, or for misbehaviour.
(2)A member of the Commission shall not be removed from office except in accordance with the provisions of the Regulation.
(3)Where any person vacates the office of Chairman or member in accordance with subregulation (1), he may, if qualified, be appointed again to hold that office in accordance with the provisions of this Scheme.

7. Remuneration of members

(1)There shall be paid to the Chairman and members such remuneration and allowances as may be prescribed by the President.
(2)The remuneration payable to the Chairman or to a member and his terms of service, other than allowances, shall not be altered to his disadvantage after his appointment.

8. Secretary and staff of the Commission

(1)There shall be a Secretary of the Commission who shall be appointed by the President upon such terms and conditions as shall be specified in the instrument of his appointment.
(2)The Secretary of the Commission shall not be a member nor have any vote in its deliberations.
(3)There shall be appointed by the Commission such other officers of the Commission as may be necessary to constitute the staff of the Commission and to ensure the efficient and proper discharge of the functions of the Commission.

9. Procedure of the Commission

(1)The Commission may, by regulations or any other manner, regulate its own procedure.
(2)Any decision of the Commission shall require the concurrence of a majority of all its members, except that subject to its rules of procedure, the Commission may act notwithstanding any vacancy in its membership or the absence of any member.

10. Expenses of the commission

(1)Subject to sub-clause (2), the remuneration and allowances of members of the Commission and the salaries and expenses incurred shall be defrayed by the Commission in the discharge of its functions out of moneys provided by Parliament and the Minister shall prescribe from time to time the amount of the contribution to be paid to Government by each employing authority in respect of the cost of the Commission and the time on or before which, and the manner in which, such contribution shall be made.
(2)Every employing authority shall itself reimburse the Commission with the costs of advertising vacant posts on its behalf and with the costs of meeting expenses of candidates attending interviews in respect of the vacant posts.

11. Liability of the commission

(1)Without prejudice to section 284A of the Penal Code3 or to the provisions of the Public Officer (Recovery of Debts) Act4. No act or thing done or omitted to be done, and no contract entered into by the Commission or any of its members, officer or employees shall, if done or omitted or entered into bona fide in the execution or purported execution of his duties as a member, officer or employee, subject the Commission or that member, officer or employee to any action, liability or demand of any kind, subject to subregulation (2).3Cap. 164Cap. 76
(2)Where in any proceeding it becomes necessary to prove the bona fides of an act or thing done, or any contract entered into, by the Commission or any member, officer or employees of the Commission in pursuance of functions exercisable under the Act or this Scheme, the onus probandi respecting the bona fides of the act, thing or contract shall lie on the person alleging it.

Part III – Powers of the commission (regs 12-22)

12. Powers in relation to the service

(1)Subject to section 7 of the Act, the Commission shall have power—
(a)to constitute and abolish offices in the Service to be held by office in respect of whom this Scheme applies;
(b)to appoint persons to hold or act in any office in the Service, including power to confirm appointments and to transfer officers from one employing authority to another, and to exercise disciplinary control over persons holding or acting in those offices and to remove such persons from offices;
(c)to make such provision as may be necessary for the maintenance and control of the Service generally.
(2)The decisions of the Commission made in exercise of its power in respect of any of the matters specified in subregulation (1) shall be binding upon all employing authorities and on all local government officers employed by them.

13. Service regulations

(1)The Service Regulations made by the Commission in pursuance of section 15 of the Act may relate to—
(a)the procedure and manner of giving advice by the Commission and other public authorities to employing authorities regarding the training of their employees;
(b)the interviewing and selection of candidates for awards under training schemes and the co-ordination of arrangements for courses of training;
(c)the co-ordination of arrangements for the setting of promotional examinations for employees and of entrance examinations for prospective employees;
(d)the employment of persons on contract terms and the terms of those contracts;
(e)subject to the national policy on productivity, incomes and prices, the grant to local government employees, and the terms for the grant of allowances prescribed by the Commission from time to time.
(2)The President may make regulations for the maintenance and control of the Service, and regarding the appointment of persons to hold or act in certain categories of offices in the Service, and the disciplinary control of those officers.
(3)Where the President makes any regulations under subregulation (2) those regulations shall be deemed to be part of this Scheme, and shall be read together with Service Regulations made by the Commission.

14. Examinations

(1)The Commission may arrange for such examinations and conduct such interviews, investigations, selection, promotion or appoint other boards as it may consider necessary for the proper discharge of its functions under this Scheme.
(2)The Commission may co-opt into any board appointed in pursuance of subregulation (1) persons who are not members of the Commission; but the number of persons so co-opted shall not exceed the number of members of the Commission on the Board.

15. Commission may delegate powers

The Commission may, by direction in writing, and subject to such conditions as it may deem fit, delegate any of its powers and duties to any board appointed under Regulation (1) of regulation 14, and to any local government officer or employing authority, but such Board, officer or authority shall not exercise any power in excess of that delegated or necessary for the discharge of the duties in question, and shall not sub-delegate the power or duties.

16. Communications of the commission

No person shall in any legal proceedings be permitted or compelled to produce or disclose any communication, written or oral, which has taken place between the Commission or any of its members or officers, and the President or any employing authority or any of its members or officers, or between any member or officer of the Commission and the Chairman, or in connection with the exercise of any of the functions of the Commission, unless the Chairman consents in writing to the production or disclosure.

17. Commission may require attendance

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

18. Offence to influence or attempt to influence commission

(1)Without prejudice to the provisions of any other written law, every person who, otherwise than in the course of his duty, directly or indirectly, by himself or by any other person, in any manner influence or attempts to influence any decision of the Commission commits an offence and is liable upon conviction to a fine not exceeding four thousand shillings or to imprisonment for a term not exceeding two years or to both that fine and imprisonment.
(2)Nothing in subregulation (1) shall prohibit any person from giving a certificate or testimonial to any applicant or candidate for any local government office or course or training or from supplying information or assistance upon formal request made by the Commission.

19. Giving false information to commission

Without prejudice to the provisions of any other written laws, any person who in connection with the exercise by the Commission of its functions or duties wilfully gives to the Commission any information which he knows to be false or does not believe to be true, or which he knows to be false by reason of the omission of any material particular, commits an offence and is liable upon conviction to a fine not exceeding four thousand shillings or to imprisonment for a term not exceeding two years or to both that fine and imprisonment.

20. Construction

For the purposes of regulations 18 and 19, the term "the Commission" includes the Commission, any member of the Commission, the Secretary of the Commission, any member of the staff of the Commission or any person or body of persons appointed to assist the Commission in the exercise of any of its functions or duties.

21. Unauthorized disclosure of information

(1)No member of the Commission, nor the Secretary, any member of the staff of the Commission or any other person shall, without the written permission of the Minister, publish or disclose to any person otherwise than in exercise of his official function of any kind which has come to his notice in the course of his duties and any person who knowingly acts in contravention of the provisions of this regulation commits an offence and is liable upon conviction to a fine not exceeding two thousand shillings or to imprisonment for a term not exceeding twelve months or to both that fine and imprisonment.
(2)Any person who knows of any information which to his knowledge has been disclosed in contravention of the provisions of subregulation (1) and who publishes or communicates it to any person other than for the purposes of any prosecution under this Scheme or in the course of his official duty, commits an offence and is liable upon conviction to a fine not exceeding two thousand shillings or to imprisonment for a term not exceeding twelve months or to both that fine and imprisonment.

22. Consent of D.P.P

No prosecution for any offence contrary to any of the provisions of this Scheme shall be instituted except with the written consent of the Director of Public Prosecutions.

Part IV – The service (regs 23-30)

23. Members not to be appointed in the service

A person shall so long as he is a member of an employing authority be disqualified from being appointed as a local government officer in the service of that authority.

24. Officers serving prior to application of the scheme

(1)Upon the commencement of this Scheme, every person previously employed in the service of a District Development Council, Urban Council or Village Council shall have an option to become a local government officer, but an employing authority shall have a right to reject to continue with the services of any person so previously employed.
(2)Subject to regulation 25, any person who becomes a local government officer pursuant to subregulation (1) shall be governed in his employment in the Service by the provisions of this Scheme.
(3)An option by an officer to become a local government officer, once taken, and accepted by an employing authority, shall be irrevocable.

25. Transfer of service

Where a person opts to become a local government officer by virtue of regulation 24, the terms and conditions of service applicable to him in his employment with the Service shall, except where the President directs otherwise, be not less favourable than those which were applicable to him immediately before his transfer to the Service, and he shall be deemed to have been appointed in the Service in such office as the Commission shall determine, and for the purposes of determining any right to gratuity or other superannuation benefit, his service in the Service shall be regarded as continuous employment by one employer within the meaning of section 8A of the Severance Allowance Act5 and that Act shall apply to the parties in the same manner as it applies to the cases set out in subsection (1) of that section.5Cap. 386

26. Approved establishment

(1)Subject to subregulation (2), and to the provisions of this Scheme, an employing authority may, with the approval of the proper officer, make provision in its estimates for an establishment of posts to be held by such officers and such other persons as it shall think necessary for the efficient discharge of its functions.
(2)The grading of posts and the salary scales attaching to the posts for which provision is so made shall be as prescribed by the Commission.

27. Notification of vacancies

(1)Where a post in the approved establishment of an employing authority is vacant or is about to become vacant, the employing authority, shall notify the Commission in the endeavour to fill the post as soon as practicable; but the proper officer may, at the request of an employing authority and in the exercise of his absolute discretion, give authority to the Commission for the post to remain vacant.
(2)For the avoidance of doubt, it is hereby declared that all local government officers, whether appointed prior to the establishment of the Service or appointed by the Commission on behalf of an employing authority, shall be the servants of, and owe loyalty to, the employing authority to which they are appointed.

28. Appointment of temporary staff

Where the Commission is unable to fill any vacant post with a person holding the qualification considered by the Commission as requisite for the holder of that post, the Commission may in its discretion appoint a person who is not so qualified to act temporarily in that post for a period of not more than two years.

29. Secondment

Notwithstanding the other provisions of this Scheme, the Commission may appoint to the service of an employing authority a public officer seconded in accordance with the provisions of section 9 of the Act.

30. Examination of serving officers and restriction of application of new terms

(1)The Commission may in its absolute discretion, require the holder of any local government office to satisfy the Commission by examination or any other manner, of his proficiency and fitness to hold that office; but this subregulation shall apply only to the category or categories of local government offices as the Commission shall prescribe.
(2)Where the holder of a local government office to which subregulation (1) applies fails to satisfy the Commission of his proficiency and fitness to hold that office, the Commission shall endeavor to transfer him, with his consent, to a local government office which, in the opinion of the Commission, is commensurate with his abilities.
(3)In default of that transfer, the Commission may in its discretion, require that the employment of that local government officer be terminated by the employing authority in accordance with his existing terms and conditions of service.

Part V – Miscellaneous provisions (regs 31-32)

31. Interpretation

In any case of doubt as to the proper interpretation of any regulation of this Scheme, the matter shall be referred by the Commission to the Minister for decision and his decision shall be final.

32. Amendment

No amendment of these Regulations shall come into operation unless it is approved by resolution of the National Assembly.

Schedule

Oath of Officer of the Commission

I, __________________________________, being called upon to exercise the functions of Secretary an officer of the Local Government Service Commission do swear/affirm that I will not directly or indirectly reveal to any unauthorized person or otherwise than in the course of duty the contents or any part of the contents of any document, communication or information whatsoever which may come to my knowledge in the course of my duties as an officer of the Commission.SO HELP ME GODSworn/Declared before me this ________________ day of ____ 20________________________________________Chairman of theLocal GovernmentService Commission
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History of this document

31 July 2002 this version
Consolidation