Tanzania
Executive Agencies Act
Executive Agencies (Personnel Management) Regulations, 1999
Government Notice 75 of 1999
- Published in Tanzania Government Gazette
- Commenced on 19 March 1999
- [This is the version of this document at 31 July 2002.]
- [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.]
Part I – Preliminary provisions (regs 1-2)
1. Citation
These Regulations may be cited as the Executive Agencies (Personnel Management) Regulations.2. Interpretation
In these Regulations, unless the context otherwise requires:"Act" means the Executive Agencies Act1;"child" includes a child born out of wedlock, a step child, a legally adopted child or a child of a deceased near relative—(a)of not more than eighteen years of age and is wholly maintained by the officer; or(b)of any age who because of physical or mental infirmity or because of being a pupil in a primary or secondary school is unable to earn a living and is therefore wholly maintained by the officer;"department" means any division, section, branch or unit of an Agency Identified as an entity within its organisation structure for management purposes;"Management Team" means the Chief Executive and heads of department acting as a team in the management of the affairs of the Agency and, in the case of a branch of an Executive Agency, means the head of the branch together with other heads of the units of the branch;"middle grade" means a group of employees in the grading structure of an Agency of a rank higher than general staff and operational grade but lower than senior grade;"prescribe" means to prescribe by administrative and other circulars or instructions in writing;"senior executive grades" means grades of employees who are responsible for the management of the Agency;"spouse" means, where the employee is a husband, only one wife officially designated by the employee as the wife irrespective of whether the employee is permitted by law to have more than one wife; and where the employee is a wife, means the husband.Part II – Exercise of powers (regs 3-4)
3. Functions of Management Team
A Management Team shall advise and assist the Chief Executive or, as the case may be, the head of a branch in the exercise of his powers and shall exercise any powers conferred upon it by these Regulations or any other regulations, or delegated to it.4. Delegation of powers
Part III – Recruitment, appointment, termination of appointment, and advancement to higher posts (regs 5-20)
(a) – The Chief Executive (regs 5-9)
5. Appointment of the Chief Executive
6. Disciplinary control
The Permanent Secretary shall have powers to take disciplinary measures against the Chief Executive for misconduct or dereliction of powers. Except that the measures to be taken by the permanent secretary shall not amount to termination of appointment.7. Termination of appointment
8. Appeals
9. General application
Except as otherwise provided in this Part, the provisions of these Regulations shall apply, where appropriate, to the Chief Executive as they apply to other employees of an Executive Agency.(b) – Other Staff (regs 10-20)
10. Recruitment policy
11. Requisition to fill vacancy
12. Advertisement of vacancies
Applications for appointment to vacant posts shall normally be invited by public advertisement in such manner as the Chief Executive may determine.13. Short list
14. Interview
The panel, constituted under regulation 13 as may be determined by the Chief Executive, shall interview candidates who have been short-listed and shall make its objective assessment of the suitability of each candidate and also indicate the ranking of each of them.15. Appointments
The Chief Executive shall, immediately after the interview conducted under regulation 14, appoint successful candidates.16. Letter of appointment
17. Medical examination
Except as may be determined by the Agency generally or in any particular case, all offers of appointment shall be subject to a certificate of medical fitness being granted, at the expense of the Agency, by a registered or licensed medical practitioner designated by the Agency.18. Date of first appointment
The date of first appointment shall be that of commencement of duty as may be indicated in the letters of appointment.19. Probation
20. Mobility between posts
Movement of employees within an Agency from one post to another which does not entail promotion or demotion may be made in order to give an employee broader job experience.Part IV – Salaries, wages and allowances (regs 21-28)
21. Rates
22. Incentives for performance
23. Increments
Annual incremental progression in any particular salary grade shall not be automatic but shall depend on performance and shall be awarded with the approval of the Chief Executive upon recommendation of the employee's head of department and the Management Team.24. Entry points
Except where the Chief Executive directs otherwise, newly appointed employees shall be placed on the minimum of the salary grade approved for the post concerned.25. Payment of salaries and wages
Salaries and wages shall be calculated and paid monthly or at such shorter intervals as the Chief Executive may determine and employees shall be eligible for such salary advances as may be prescribed by the Chief Executive.26. Acting appointments and allowance
27. Overtime
28. Daily subsistence allowance
Daily subsistence allowance shall be paid so as to enable an employee while on duty away from his normal duty station to meet his boarding and lodging expenses and the rates of these allowances shall be determined by the Public Service Department.Part V – Employees' welfare and general conditions of service (regs 29-41)
29. Entitlement to leave
Any employee shall be entitled to the minimum amount of leave and leave benefits and any conditions relating thereto as provided for in the Employment Ordinance and the Regulations of Wages and Terms of Employment Ordinance.30. Leave benefits
An employee other than a casual employee shall be entitled to the following benefits—31. Provision of medical benefits
32. Occasional medical examination
An Agency may, in order to ensure that employees maintain good health and fitness for performance of their functions, require an employee to undergo a medical examination for that purpose only.33. Death of employee
Except for employees on casual or temporary terms an Executive Agency shall meet the following costs of the burial of an employee:34. Grant of free transport
35. Authority for travel
Heads of department branches and units shall be responsible for authorising all journeys undertaken for duty purposes and in carrying out this responsibility they shall take into account the need for economy in the use of official transport.36. Use of private vehicle on official duty
37. Transport of personal effects
An employee travelling on first appointment, transfer from one duty station to another, cessation of employment otherwise than by resignation or dismissal shall be entitled to transport of personnel effects at the expense of the Agency in accordance with scales of weight of luggage to be transported as may be prescribed by the Chief Executive.38. Transportation of employee's vehicle
39. Provision of housing
40. Superannuation
41. Other allowances and benefits
The Chief Executive may, in addition to benefits and allowances provided for in this Part, prescribe any other benefits and allowances payable to employees.Part VI – Performance appraisal and evaluation (regs 42-47)
42. Performance appraisal and evaluation
43. Types of appraisal
Performance appraisal under these Regulations shall be informal involving day to day communication between the supervisor and the employed through appreciation and constructive criticism of the employee's performance, or formal where a written appraisal is similarly made but at longer intervals.44. Content of appraisal report
A formal appraisal report shall be in the form set out in the Third Schedule and each employee shall be provided with a copy of his annual or other performance appraisal.45. Evaluation of performance
46. Follow-up of report
Performance appraisal reports shall be closely followed up both for implementation of any recommendations and, where appropriate, for training the individual in the skills that he may require.47. Performance appraisal of Chief Executive
The performance of the Chief Executive under the Performance Agreement with the Permanent Secretary and under other responsibilities imposed upon him by the Act shall be assessed and evaluated by the Permanent Secretary who may require the Chief Executive to rectify shortcomings or effect improvements in the performance of his duties as the Permanent Secretary may find appropriate.Part VII – Staff development (regs 48-50)
48. Staff development
Staff development shall aim at developing individuals in the skills required for the performance of their present duties or for the performance of future jobs. Supervisors and managers have a joint responsibility for training and development of their staff.49. Staff development programme
50. Attendance at courses
The Chief Executive shall prescribe terms and conditions for employees attendance at various training courses. The Public Service Department shall in order to avoid unwarranted disparities between Agencies, monitor the training of employees.Part VIII – Disciplinary matters (regs 51-55)
51. Discipline
52. Penalties for breach of discipline
Any employee of an Agency who commits breach of discipline under these Regulations shall be liable to dismissal, demotion, reduction in salary or surcharge depending on the gravity of the breach.53. Interdiction
54. Disciplinary procedure
55. Appeals
Part IX – Staff relations (regs 56-57)
56. Awareness of policies
57. Trade union membership
Part X – Code of ethics and conduct (regs 58-59)
58. Codes of ethics and conduct
59. Penalties for breach of the Code
Part XI – Miscellaneous provisions (reg 60)
60. Scope of the regulations
History of this document
31 July 2002 this version
Consolidation
19 March 1999
Commenced
Cited documents 2
Legislation 2
1. | Security of Employment Act | 107 citations |
2. | Executive Agencies Act | 42 citations |