The Public Service (Amendment) Act, 2007
This section gives the short title and construction heading for the Act.
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About this statute
This section gives the short title and construction heading for the Act. This section adds section 29 and amends section 30. This provision is titled “Addition of section 35 A.” This provision says the Act may be cited as the Public Service (Amendment) Act, 2007 and is to be read together with the Public Service Act. Section 5 of the principal Act is amended by deleting paragraph (b) and renaming the existing paragraphs (c) and (d) as (b) and (c).
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Provisions of The Public Service (Amendment) Act, 2007
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Short title and construction
This section gives the short title and construction heading for the Act.
1. Short title and construction. PART II A m i:NDm i-ntok t iii P ublic S krvici A c I
Part
PART II
- 11 Verify source ↗
Addition ofsection 29
This section adds section 29 and amends section 30.
11. Addition ofsection 29. I 2. Amendment ofsection 30. - 14 Verify source ↗
Addition of section 35 A
This provision is titled “Addition of section 35 A.”
14. Addition of section 35 A. 151 No. 18 Public Service (Amendment) Ac. 2007 Tl II-: U N I I i:i) R H P U B L IC ( ) l; T A N Z A N IA No. 18 or 2007 I A s s i-n t . J a k a y a M. K i k w i i t . President 24"' January. 2008 An Act to amend the Public Service Act. I{n a c ri i) by Parliament ol’tlic United Republic ofTanzania. P A R I I P r e l i m i n a r y P r o v i s i o n s - 1 Verify source ↗
Ibis Act may be citcd as the Public Service (Amendment) Act
This provision says the Act may be cited as the Public Service (Amendment) Act, 2007 and is to be read together with the Public Service Act.
1. Ibis Act may be citcd as the Public Service (Amendment) Act. 2007 and shall be read as one with the Public Service Act hereinafter referred to as the "principal Act *. PA R I' II A m i n h m h n t oi m i Ptim.ic S i-r v ic i; A c i - 2 Verify source ↗
The principal Act is amended in section 5 by
Section 5 of the principal Act is amended by deleting paragraph (b) and renaming the existing paragraphs (c) and (d) as (b) and (c).
2. The principal Act is amended in section 5 by- la) deleting paragraph (b). (b) renaming the existing paragraph (c) and (d). as (b) and (c). - 3 Verify source ↗
The principal Act is amended in section 6 by
The amendment makes every head of department or division the disciplinary authority for employees in the operational service under that department or division.
3. The principal Act is amended in section 6 by- fa) deleting paragraph (a) of sub-section ( I ) and substituting for it Short title and construc tion ( ’up. 298 Amend ment o f section 5 Amend ment of section 6 the follow ing: "(a) pursue- (i) results oriented management: and ( ii) Open Performance Appraisal System;" (b) repealing sub-sction (3) and replacing it with the 153 No. 18 Public Service (Amendment) Act 2007 following provisions: '*(3) Every head o f department or division shall be the disciplinary authority in respect ofcmployees in the operational service under his department or division. (c) adding a new section 6A as follows— "Prom o tion and filling o f \ cieant posts - 6A Verify source ↗
(1) Where a vacant post occurs in the
Vacant posts in the Service should be filled by suitable public service employees first; if none are available, suitable outsiders may be considered. For entry-point posts in a scheme of service, the post must be advertised and interviews held unless the Chief Secretary directs otherwise.
6A.—(1) Where a vacant post occurs in the Service, such post shall be filled by a suitable employee in the public services and in the absence of such employee, consideration shall be given to a suitable person outside the Service. (2) Without prejudice to subsection (1), for purposes of 111 ling any vacant post in repsect of entry point of any scheme of service, the post shall be advertised and interview be conducted to suitable candidate, unless the C h ie f Secretary direct otherwise. (3) Every promotion in the Service shall be made by considering— (a) performance and efficiency to perform and execute the duties by an employee: (b) career development and succession plan: (c) seniority amongst the employees: and (d) the scheme o f service.” Amend ment o f section 7 Amend ment o f section <X - 4 Verify source ↗
The principal Act is amended in subsection (3) o f section 7 by
This provision amends the principal Act by deleting item (vi) from subsection (3) of section 7.
4 . The principal Act is amended in subsection (3) o f section 7 by deleting item (vi). • ~ - 5 Verify source ↗
flic principal Act is amended in section 8 by
Employers cannot treat consultation as allowing them to refuse a transfer, and public servants must take up duties where they are posted.
5. flic principal Act is amended in section 8 by- (a) deleting paragraph (1) of subsection (30 and substituting for the following: "(f) facilitate labour mobility ofcmployees among employers through transfers where— ( i) a need arise for: or ( ii) it is for public interest so to do. and that consultations with the relevant employers are made: (g) issue various circulars in respect of any matter under this Act." 154 No. 18 Public Service (Amendment) Act 2007 ( b) adding the following provisions: " ( ‘I ) Consultation referred to in paragraph (1) of subsection (3) shall not be construed to as entitling an employer to refuse the transfer. (5) Notwithstanding any provision of this section, every public servant shall be required to accept and assume duties at am place where he has been posted by the employer.’* - 6 Verify source ↗
I he principal Act is amended in subsection (3) of section 9 by
This provision amends section 9(3) of the principal Act by deleting item (v) and renumbering later items.
6. I he principal Act is amended in subsection (3) of section 9 by- (a) deleting item (v): and (b) renumbering items *’(v i)“ and "(v ii)". as (v) and (vi). - 7 Verify source ↗
The principal Act is amended in subsection (1) of section 10
This section amends subsection (1) of section 10 by replacing paragraphs (c) and (d) with a new paragraph (c) and renumbering later paragraphs.
7. The principal Act is amended in subsection (1) of section 10- (a) bv deleting paragraphs "(c )" and "(d )” and substituting for them thi^lbllowing: "(c) issue guidelines and monitor compliance in the Service” : (b) by renaming paragraphs "(e )” . " (f)” . "(g )". "(h )” . " ( i) ” . " ( j ) ” and "(l<)" as paragraphs (c). (d). (e). (I), (g). (h). and (i) respectively. - 8 Verify source ↗
The principal Act
This provision amends the principal Act by repealing section i2 and replacing it with new text that is not shown here.
8. The principal Act is amended by repealing section i2 and replacing with the following: - 12 Verify source ↗
The members shall be paid such allowances
Members are to be paid allowances and other benefits, with the amount or form determined by the Chief Secretary.
12. The members shall be paid such allowances Renin- nci-iiiiitn and other benefits out of funds appropriated bv members *>a|l'amcnl 'n lhal behalfas may be determined by the C hief Secretary". - 9 Verify source ↗
The principal Act is amended in subsection ( I ) o f section
This section amends section 15 of the principal Act by deleting paragraph (d) and renaming paragraph (e) as (d).
9. The principal Act is amended in subsection ( I ) o f section I 5 by- fa) deleting paragraphs (d): and (b) renaming paragraph "(e )" as (d): - 10 Verify source ↗
Section 10
This provision amends section 25 of the principal Act by deleting paragraph (c) and renaming paragraphs (d) and (e) as (c) and (d).
10. I he principal Act in section 25 by deleting paragraph "(c )". and renaming paragraph "(d )" and "(e )" as (c) and (d). respectively. is amended Amend ment o f section 9 Amend ment o f section 10 Amend ment o f section 12 Amend ment o f section 15 Amend ment o f section 25 155 No. 18 Public Service (Amendment) Act 2007 Addition o f section 29 - 11 Verify source ↗
1 lie p rin cip a l A ct is amended b y
This section amends the principal Act by inserting a new section on the establishment and functions of the Secretariat.
11. 1 lie p rin cip a l A ct is amended b y— (a) inserting a new section 2l) immediately alter the heading "S P E C IA L PR O V ISIO N S'* as I'ollows- "Usiab- lisluncni and functions o f the Secre tariat - 29 Verify source ↗
( I ) There shall be established by the
The Minister must establish the Public Service Recruitment Secretariat, and the Secretariat must support recruitment work and make its own business procedures.
29. — ( I ) There shall be established by the Minister a Secretariat to be known as the Public Service Recruitment Secretarial which shall be composed of- (a) a Chairman who shall be appointed by the President: (b) such number of persons not less than live and not more than seven who shall be amongst public servants appointed by the Minister. (2) The members shall elect a Vice-Chairman from amongst their number. (3) There shall be a Secretary of the Secretariat to be appointed by the Minister. (4) The Secretariat shall be responsible for facilitating recruitment ofcmployees to the Service. (5) l or purposes o f subsection (4). the Secretariat shall have representatives in every regional hcadquatcr. (6) In relation to subsection (4). the function of the Secretariat shall be to- (a) search for various professionals with special skills and prepare a database o f such professionals for ease of recruitment: (b) register graduates and professionals for purposes of ease of reference and recruitment: (c) advertise vacant posts occurring in the Service: (d ) engage appropriate experts for purposes of conducting interviews; (e) advise employers on various matters relating to recruitment; and (0 do any other act or thing which may be or directed by the Minister. 156 No. IS Public Service (Amendment> Act 2007 (7) I he Secretarial shall make procedures for conduct of its business. (b) designating the existing sections "29" to "36" as sections 30 to 37. respectively. - 12 Verify source ↗
The principal Act is amended in section 31 as designated
This section amends section 31 of the principal Act and states that public servants covered by that section are also governed by the Act.
12. The principal Act is amended in section 31 as designated- (a) by designating the contents of section 3 [ as section "31 ( I )": (b) b\ adding immediately after subsection ( I ) the following: "(2) Without prejudice to subsection ( I ), public servants referred to under this section shall also be governed b\ the provisions of this Act." - 13 Verify source ↗
I he principal Act is amended in subsection (2) of section 35 as
This provision amends section 35 of the principal Act by adding a new paragraph on prescribed manners and conditions of labour mobility within the Service.
13. I he principal Act is amended in subsection (2) of section 35 as designated by inserting paragraph "(f)" immediately after paragraph (e) as follows: " (I) prescribed manners and conditions of labour mobility within the Service." - 14 Verify source ↗
Section 14
The Minister may issue guidelines and codes of good practice.
14. lh c p rin cip u l Act irs amended by adding immediately after section 35 as designated the follows provisions: ‘Amend ment o f section 3 I Amend ment of section 35 Addition o f section 35 A "M in iste r may issue guide lines au|Cs 0| good pracliee. clc. - 35A Verify source ↗
( I ) The Minister may. for purposes of
The Minister may issue guidelines and codes of good practice to guide public servants, and people applying the Act must take them into account.
35A. — ( I ) The Minister may. for purposes of providing guidance to public servants, issue guidelines and codes o f good practice. (2) (juidehnes and codes of good practice made under subsection (1) shall be published in the (.laze lie. (3) Ain person interpreting or applying this Act shall be required to observe and take into account guidelines and codes of good practice and a public servant departing away from the guidelines or codes o f good practice shall be required to provide the grounds as to why the departure was necessary" Passed in the National Assembly on the 3O’1' October. 2007.. D a m ia n S. L. 1- o k a . Clerk of lhc National Assembly 157
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