The National Assembly (Administration) Act
This section says the Act may be cited as the National Assembly (Administration) Act.
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This section says the Act may be cited as the National Assembly (Administration) Act. This Act applies to Mainland Tanzania and Tanzania Zanzibar for matters connected to the Service of Parliament of the United Republic. This section defines key terms used in the Act, including offices, bodies, staff grades, and terms like “transfer” and “Service.” The parliamentary service continues for Parliament, and its employees in performance of their functions must not take directions from outside the Service. The Commission may establish, change, and assign functions to departments, sections, or units, but only with the President’s approval.
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Provisions of The National Assembly (Administration) Act
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This section says the Act may be cited as the National Assembly (Administration) Act.
1.-(1) This Act may be cited as the National Assembly (Administration) Act. (2) Omitted. Application - 2
This Act applies to Mainland Tanzania and Tanzania Zanzibar for matters connected to the Service of Parliament of the United Republic.
2. This Act shall apply to Mainland Tanzania as well as to Tanzania Zanzibar in respect of matters relating to and connected to the Service of Parliament of the Uni- ted Republic. Interpretation - 3 Verify source ↗
Short title
This section defines key terms used in the Act, including offices, bodies, staff grades, and terms like “transfer” and “Service.”
3. In this Act, unless the context otherwise requires- “Chairman” means the Chairman, the Vice-chairman or any other member when discharging the functions of the Chairman; “Clerk” means the Clerk of the National Assembly appointed in accordance with the provisions of article 87 of the Constitution; 5 Cap. 2 National Assembly (Administration) Act [CAP. 115 R.E. 2020] Cap. 2 “Commission” means the Parliamentary Service Commission referred to under section12 and the term construed accordingly; “Commissioner” shall be “Constitution” means the Constitution of the United Republic of of Tanzania; “Committee” means a Parliamentary Committee or such other Committee established under this Act; “Deputy Speaker” means the Deputy Speaker of the National Assembly elected pursuant the provisions of Article 85 of the Constitution; “employee” means a person, employed in the Service, whether in the Executive Grade, Officer Grade or Operational Service grade and whether on permanent, temporary, or probation terms, but does not include a wage worker; to “Executive Grade” means the cadre of officers in the Service who occupy leadership or superlative posts; “Leader of Official Opposition” means a person who is the Leader of the Official Opposition in the National Assembly elected in accordance with the Standing Orders of the National Assembly; “Leader of Government Business” means the Prime Minister as provided for in the Standing Orders of the National Assembly; “Member” means a Member of Parliament of the United to a Republic, and when used Committee, means a member of the Committee and includes Chairman of such Committee; in relation “Minister” means the Minister responsible for Parliamentary affairs; “National Assembly Fund” means a Fund established under section 31; “officer grade” means the lowest entry grade in the Service for a holder of a degree or equivalent qualification from a recognized university or any other higher learning institution; “operational service grade” means the cadre of supporting staff in the Service not employed in the 6 National Assembly (Administration) Act [CAP. 115 R.E. 2020] executive or officer grade or category but does not include a person who is employed in the Service on temporary basis or as a wage worker; “parliamentary employee” means a person engaged or employed in the Service under the provisions of this Act; “Parliamentary Scheme of Service” means a career development path made under the provisions of section 11; “Standing Orders” means Standing Orders of the National Assembly made in accordance with the provisions article 89 of the Constitution; Cap. 2 Cap. 2 Cap. 2 Cap. 2 “Secretariat” means Secretariat of the National Assembly the to article 88 of constituted pursuant Constitution; “Service” means the Parliamentary Service referred to in section 4; “Speaker” means the Speaker of the National Assembly constituted pursuant to the provisions of article 84 of the Constitution; “support services” means the services, functions, duties and responsibilities performed by the Service pursuant to article 88 (3) of the Constitution; “transfer” means posting or stationing of a parliamentary employee from one duty station to another. PART II PARLIAMENTARY SERVICE Parliamentar y Service Cap.2
Part
PART II
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The parliamentary service continues for Parliament, and its employees in performance of their functions must not take directions from outside the Service.
4.-(1) There shall, for the purposes of Parliament, continue to be a parliamentary service. (2) The Service shall consist of all employees appointed in the executive grade, officer grade and the operational service grade. (3) Subject to article 87 and 88 of the Constitution, employees of the Service in the performance of their functions, shall not receive directions from any source external to the Service. 7 National Assembly (Administration) Act [CAP. 115 R.E. 2020] Department of Service Act No. 6 of 2020 s. 45 Functions of Service - 5
The Commission may establish, change, and assign functions to departments, sections, or units, but only with the President’s approval.
5.-(1) There shall upon approval by the President, be established by the Commission for the purposes of the Service such number of departments, sections or units as may be necessary for effective performance of the functions and rendering of support services to the National Assembly. (2) The Commission may, upon approval by the President, and where the circumstances require- (a) increase or reduce the number of departments, sections and units; and (b) allocate functions to such Departments, Sections and Units of the Service. - 6
The Service must provide support services to Parliament, its committees, and members, including legal help, clerical support, advice, records management, library/research services, and other necessary functions.
6.-(1) The functions of the Service shall be to pro- vide legislative and administrative support services to the National Assembly, Parliamentary Committees and to Members of Parliament. (2) Without prejudice to the generality of subsection (1), the Service shall- (a) provide legal advice and other legal support the efficient and effective services discharge of the constitutional functions of the National Assembly; for (b) provide sufficient clerical services to enable the National Assembly and Parliamentary Committees and efficiently; to operate effectively (c) provide appropriate and timely advice on the proper parliamentary procedures and functioning of National Assembly; (d) keep, organise, maintain record proceedings of the National Assembly and Parliamentary Committees in an accurate and efficient manner; and (e) provide adequate library and research services and facilities to members of Parliament, public officers facilitating parliamentary business and employees of the Service; (f) administer, in accordance with the relevant laws, rules and regulations governing granting to members of Parliament, entitlements 8 National Assembly (Administration) Act [CAP. 115 R.E. 2020] parliamentary employees and payment of funds to persons who provides services to the National Assembly; and (g) perform such other function as may be nece- ssary for effective performance of functi-ons and the exercise of powers of the National Assembly or as may be directed by the Com- mission. Clerk to National Assembly Cap. 2 Act. No. 6 of 2020 s. 46 Functions of Clerk Cap. 4 s. 8 - 7
This section establishes a Clerk of the National Assembly, appointed by the President under article 87 of the Constitution, and says the Clerk is the Service’s Chief Executive Officer and Accounting Officer.
7.-(1) There shall be a Clerk of the National Assembly to be appointed by the President pursuant to article 87 of the Constitution. (2) The Clerk shall be the Chief Executive Officer and Accounting Officer of the Service. - 8
The Clerk must manage Parliament’s business and carry out several administration, records, advisory, and other functions.
8.-(1) The Clerk shall be responsible for the efficient discharge of the business of Parliament in conformity with the provisions of the Constitution and of other relevant laws. (2) Without prejudice to the generality of subse- ction (1), the functions of the Clerk shall include to- (a) carry out all duties and responsibilities expressly described in his letter of appointment; (b) carry out all duties in the Service as are assi- gned to him by the National Assembly, the Commission or the Speaker; (c) be responsible for the day to day admini- stration of the National Assembly; (d) be responsible for keeping records and for custody of all documents which are required to be kept by the Standing Orders, which shall be open for inspection by members of parliament and the general public; (e) supervise the general administration of the National Assembly including allocating work to employees of the Service; (f) provide advice to the National Assembly, Members of Parliament, the Commission and the the Speaker on matters relating to 9 National Assembly (Administration) Act [CAP. 115 R.E. 2020] administration and performance of functions of the National Assembly; (g) provide efficient, effective and economical management of the activities of the Service; and (h) carry out such other functions as are conferred on him by the Constitution, the Standing Orders or this Act. Powers of Clerk and disciplinary procedure Cap. 298 - 9
The Clerk has power over employee appointment, confirmation, promotion, and discipline, and must set up an Employment Advisory Committee for those functions.
9.-(1) The Clerk shall have and exercise powers and authority in respect of appointment, confirmation, promotion and discipline over employees under the Service. (2) The disciplinary authority in relation to a person holding the office of the Clerk shall be as provided for in the Public Service Act in relation to a person holding office in the public service. (3) The Clerk shall, the purposes of recruitment, confirmation, promotion and discipline of operational service grade, establish an Employment Advisory Committee. for (4) The Employment Advisory Committee shall consist of- (a) three heads of departments, sections or units at least one of whom shall be a woman; (b) two representatives of the Trade Union branch; (c) a representative of the Workers Council; (d) two representatives from the Public Service, one of whom shall be the Secretary; and (e) the Director of Administration and Personnel; (5) The Employment Advisory Committee may co-opt any person to assist the Committee to carry out its duties, but such members shall not have a right to vote. (6) Where, in the exercise of appellate powers by the Commission, an employee is dissatisfied by the decision made against that employee, the employee may appeal to the Commission. the Service in (7) An employee to the Service who is dissatisfied by the decision of the Commission in exercise of original or appellate powers may, within thirty days from the date 10 National Assembly (Administration) Act [CAP. 115 R.E. 2020] of the decision, appeal to the Labour Division of the High Court. Performance of functions and exercise of powers of Clerk - 10
If the Clerk’s office is vacant or the Clerk cannot act, the Speaker must arrange temporary or long-term replacement steps and notify the Commission and the President.
10.-(1) Where the Office of the Clerk is vacant or the Clerk is unable to perform the functions of his Office, the Speaker shall- (a) if the absence of the Clerk is for temporary purpose: (i) appoint any person from amongst senior persons employed in the Service to perform functions and to exercise the powers of the Clerk; and (ii) inform the Commission accordingly; (b) if the absence of Clerk is for a long period, refer the matter to the Parliamentary Service Commission for appointment of a person to act in respect of the position of the Clerk. (2) Upon appointing a person to perform the functions and exercise the powers of the Clerk under subsection (1), the Speaker shall inform the President accordingly. (3) A person appointed to hold the office of the Clerk under subsection (1), shall hold the office until the Clerk resumes the office or until when the President appoints a new Clerk under article 87 of the Constitution. - 11
The Commission must consult the Minister and prepare service schemes for the Service; the schemes must be signed by the Speaker and published in the Gazette.
11.-(1) The Commission shall, in consultation with the Minister responsible for public service- (a) formulate a Parliamentary Scheme of Service for the effective constitution of the Service; (b) make such provisions in the Parliamentary Scheme of Service as it considers necessary for the promotion, development, maintenance and control of an efficient Service; (c) formulate a Service Scheme for purposes of proper description and distribution of the functions performed by the departments, units and sections in the Service. (2) The Commission shall, in consultation with the Minister, formulate a Scheme of Service setting out 11 Cap. 2 Parliamentary Scheme of Service and Service Scheme National Assembly (Administration) Act [CAP. 115 R.E. 2020] terms and conditions for employees of the Service which shall provide for- the appointment of the (a) the appointment and confirmation of appointments of officers and other staff; (b) promotions, resignation and termination of appointments; (c) the scales of salaries and allowances; and (d) the designation and grades of employees of the Service. (3) The Parliamentary Scheme of Service and the Service Scheme shall be signed by the Speaker and published in the Gazette. the (1), For the purposes of paragraph (c) of (4) subsection “Service Scheme” means administrative document stipulating a formal or official order or way of doing things for the purpose of enabling parliamentary employees to serve the National Assembly, members of Parliament and the public in an orderly and accountable manner. PART III PARLIAMENTARY COMMISSION Establishment and composition of Commission
Part
PART III
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A Parliamentary Service Commission is established, and the Clerk must serve as its Secretary and help implement the Commission’s decisions.
12. There shall be a Commission to be known as the Parliamentary Service Commission. (2) The Commission shall consist of- (a) the Speaker, who shall be the Chairman; (b) the Deputy Speaker, who shall be the Vice- Chairman; (c) the Minister; (d) the Leader of the Official Opposition in the National Assembly or his representative; (e) seven other members elected by the National its members of Assembly from amongst whom: (i) five shall be elected the parliamentary party or parties forming the government, at least two of whom from 12 National Assembly (Administration) Act [CAP. 115 R.E. 2020] shall be women; (ii) two from shall be elected the parliamentary party or parties forming the the National in Assembly, one of whom shall be a woman. opposition Functions of Commission Power of Commi- ssion (3) The Clerk shall be the Secretary of the Commission and shall be responsible for ensuring and facilitating the implementation of the decision of the Commission. - 13
The Commission has powers to recommend fund-allocation criteria, handle certain employee appointment and discipline matters after consulting the Clerk, recommend pay and allowances, and carry out other functions given by law.
13. The functions of the Commission shall be to- (a) determine and recommend to the President, the adoption of the criteria for the allocation of funds for the National Assembly Fund; (b) upon consultation with the Clerk, to exercise powers and authority in respect of powers of appointment, confirmation, promotion and discipline of employees of the executive grade and officer grade and determine the terms and conditions of their employment. (c) prepare and recommend to the President the rates of salaries, allowances and other to a member of entitlements payable Parliament and employees of the Service; and (d) perform any other function or exercise any power conferred on it by or under this Act or any other written law. - 14
The Commission may create or abolish certain Service departments, divisions, and units, take necessary or convenient actions for its functions, and require the Clerk to report on or inquire into matters under the Act.
14.-(1) The Commission shall have the power to- (a) constitute and abolish Departments, Divisions and Units in the Service in respect of whom the Scheme of Service applies; (b) do all things which are necessary or convenient for the performance of its functions and for the maintenance and control of the Service. 13 National Assembly (Administration) Act [CAP. 115 R.E. 2020] Appoint- ment of Commi- ttees Tenure of office of Commissio- ners (2) Except for matters relating to or touching upon execution of Parliamentary affairs, the Commission shall exercise restrain in any business of the National Assembly and Parliamentary Committees. (3) The Commission may, at any time, require the Clerk to report on or inquire into matters relating to the administration of this Act, performance of any function or the exercise of any power under this Act. - 15
The Commission may appoint one or more Committees to carry out specific functions, and it determines the Committee’s size and terms of reference. A Committee may co-opt non-members, but co-opted persons may not vote.
15.-(1) The Commission may, for the purpose of facilitating performance of its functions, appoint a Committee or Committees to perform specific functions as may be determine by the Commission. (2) A Committee appointed pursuant to the provisions of subsection (1) shall be composed of members of Parliament. (3) A Committee may co-opt any person who is not a member of the Commission, including employees of the Service provided that such person shall not vote. (4) The size and terms of reference of the Committee shall be determined by the Commission. - 16 Verify source ↗
(1) Each member of the Commission elected
Commission members elected under section 12(2)(e) serve for 60 months and may be re-elected.
16.-(1) Each member of the Commission elected under section 12(2)(e) shall hold office as a member of the Commission for a period of sixty months from the date of election, and may be eligible for re election. (2) Notwithstanding subsection (1), a member of the Commission under section 12(2)(e) shall cease to be a member upon the occurrence of the following: (a) tendering to the Chairman a written notice of resignation; (b) cessation, for any reason to be a member of Parliament; or (c) death . (3) Upon the dissolution of Parliament, all members of the Commission shall continue in the office until new members are elected or appointed in their place by the National Assembly. 14 National Assembly (Administration) Act [CAP. 115 R.E. 2020] Proceedings of Commission - 17
The Commission must determine and adopt its own procedure for conducting its business and related matters after this Act commences.
17. The Commission the commencement of this Act, determine and adopt its own procedure for the conduct and transaction of its business and other matters relating to it. shall, after Vacancy not to affect validity of proceedings of Commission - 18
The validity of the Commission’s proceedings is not affected by vacancies among its members or defects in the election or appointment of commissioners.
18. The validity of any proceedings of the Commission shall not be affected by any vacancy amongst the members of the Commission or by any defect the the election or appointment of any of in Commissioners. Establishment of Parliamentary Budget Office Act No. 11 of 2015 s. 71 - 19 Verify source ↗
Proceedings of Commission
The Parliamentary Budget Office must provide analysis and support on the national budget to the National Assembly and its committees, and must follow public participation principles in its work.
19.-(1) There shall be a Parliamentary Budget Office within the Parliamentary Service, consisting of employees appointed on merit by the Parliamentary Service Commission by virtue of qualifications and experience in finance, economics and public policy matters. (2) The Parliamentary Budget Office shall provide the National Assembly and its committees with objective and timely analysis of the national budget. (3) For purposes of subsection (2), the Parliamentary Budget Office shall- (a) provide professional services in respect of budget, finance, and economic information to committees of the National Assembly; (b) provide technical support to the National Assembly and its committees in carrying out its functions; (c) enable the National Assembly to ensure the compliance of this Act; (d) prepare reports on budgetary projections and economic forecasts and make proposals on budgetary matters to the National Assembly and its committees; (e) provide budget-related to Parliamentary committees in areas under their jurisdiction; information (f) submit reports on but not limited to, economic forecasts, budget projections and options for reducing the budget deficit; 15 National Assembly (Administration) Act [CAP. 115 R.E. 2020] (g) identify and recommend on bills and other legislative instruments that provide an increase or decrease in revenue and the national budget; (h) prepare analytic studies of specific subjects such as financial risks posed by public cooperation and public institutions and financial policy; (i) generally give advice the National Assembly and its committees on the national budget and the national economy; to (j) prepare analysis of specific issues, including financial risks posed by Government policies and activities to guide the National Assembly and its committees; (k) consider budget proposals and economic trends and make recommendations to the National Assembly with respect to those proposals; (l) establish and foster relationships with the treasury and other national and international organizations, with an interest in budgetary and socio-economic matters as it considers appropriate for the efficient and effective performance of its functions; (m) ensure that all reports and other documents produced by the Parliamentary Budget Office are prepared, published and publicized after production; (n) report to the Parliamentary committees on any bill that is submitted to the National Assembly that has an economic and financial impact, by making reference to the fiscal responsibility principles and to the financial objectives set out in the Plan and Budget Guidelines; and (o) propose to the Parliamentary Budget Committee, alternative fiscal framework in respect of any financial year. (4) In carrying out its functions, the Parliamentary Budget Office shall observe the principle of public participation on budgetary matters. [s. 18A] 16 National Assembly (Administration) Act [CAP. 115 R.E. 2020] PART IV SALARY AND ALLOWANCES OF A MEMBER OF PARLIAMENT AND PARLIAMENTARY EMPLOYEES Salary and allowances of Members of Parliament
Part
PART IV
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Members of Parliament are entitled to salary and allowances set by the President, and the allowances are exempt from income tax.
20.-(1) A Member of Parliament shall be entitled to such salary as the President may, by order published in the Gazette, determine. (2) There shall be paid to a Member of Parliament the following allowances at such rates as the President may in writing determine- (a) in relation to the Speaker, Deputy Speaker, Leader of the Government Business, Leader of Official Opposition, Government Chief Whip, Opposition Chief Whip, Presiding Officer of the National Assembly and a Chairman of a Standing Committee a responsibility allowance; of Parliament, (b) in relation to a Member of Parliament representing a constituency, a constituency allowance; (c) in relation to a Member of Parliament not special constituency, a a representing allowance; (d) in relation to any Member of Parliament: (i) appropriate transport and travelling allowance and in case, mileage allowance to cover the cost of fuel for a private car; (ii) a subsistence allowance; (iii) an allowance to meet expenses for a personal assistant, a driver, an office attendant and other expenses for stationery and secretarial service; and (iv) such other allowances as the President may prescribe. (3) The allowances given under this section shall be exempt from income tax. [s. 19] 17 National Assembly (Administration) Act [CAP. 115 R.E. 2020] Salaries, allowances terms and conditions of service for Parliamentary employees Review of salary, allowances benefits, terms and conditions of service - 21
The Commission determines the terms, pay, and allowances for Service employees, and those allowances are exempt from income tax.
21.-(1) An employee of the Service shall be employed on such terms and conditions of service, and shall be paid such salary and allowances as may be determined by the Commission. (2) The complementing, grading and rates of pay for employees of the Service shall be determined by the Commission. (3) In making a determination pursuant to the provisions of subsections (1) and (2), the Commission shall ensure that, the complementing, grading and the rates of pay for the employees of the Service are kept broadly in line with those in the Public Service and that, so far is consistent with the requirements and standards set by the Commission, the other conditions of service of employees in the Service are also kept broadly in line with those in the Public Service. (4) All allowances payable to employees of the Service pursuant to the provision of subsection (1) shall be exempted from payment of income tax. [s. 20] - 22
The Commission must set up an adhoc committee to review pay and service conditions when review is desirable and necessary, and the President may review, modify, and approve proposals but not reduce existing benefits or conditions.
22.-(1) Where it is desirable and necessary to review salary, allowances, benefits and terms and conditions of services of members of the National Assembly and employees of the Service, the Commission shall appoint an adhoc Committee to review salaries, allowances, benefits and the terms and conditions of service of Members of the National Assembly and employees of the Service and make recommendations to the Commission. (2) The adhoc Committee shall as much as feasible, have broad representation in terms of different fields of occupation and expertise. (3) The adhoc Committee shall be constituted and members of the Committee shall serve on part time basis and on such terms and conditions as the Commission may determine. (4) No person who is a member of the National Assembly shall be appointed to be Chairman or member of the adhoc Committee. 18 National Assembly (Administration) Act [CAP. 115 R.E. 2020] (5) In making recommendations, the adhoc Committee shall be guided by the National Economy Policy and the National Wages Policy and where desirable, shall seek and obtain information from National Assemblies in other Commonwealth countries. (6) Upon receipt of the recommendations from the adhoc Committee, the Commission shall submit its recommendations to the President, with or without additional proposals. (7) Where the President has received proposals from the Commission, he may after seeking and obtaining advice from any authority as he deems appropriate, review or modify and approve the proposals and inform the Commission accordingly, but such review or modification shall not have the effect of curtailing or reducing any of the salary, allowances, benefit or term and condition of service for the time being applicable to a member of the National Assembly and to employees of the Service. [s. 21] Attributes for reviewing salaries, allowances and other benefits - 23
When reviewing salaries, allowances, or terminal benefits for MPs and parliamentary employees, the President must take account of the national economy and any other relevant consideration.
23. In the exercise of powers to review the salaries, allowances or other terminal benefits for members of Parliament and parliamentary employees under this Act, the President shall have regard to the national economy and any other consideration necessary for arriving at or making an appropriate decision. [s. 22] Composition and terms of adhoc Committee Health insurance for Member of Parliament - 24
The Commission determines the adhoc Committee’s composition and members serve part time on terms and conditions set by the Commission.
24.-(1) The Composition of the adhoc Committee under section 21 shall be as may be determined by the Commission. (2) Members of the adhoc Committee shall serve on part time basis and on such terms and conditions as the Commission may determine. [s. 23] - 25
A health insurance scheme must be set up for members of Parliament, their spouses, and up to four children under 18, for treatment in Tanzania and abroad.
25.-(1) Immediately after into operation of this Act, there shall be established a comprehensive health insurance scheme among members of Parliament to cover a Member of Parliament, the spouse and up to four children of his family who are the coming 19 National Assembly (Administration) Act [CAP. 115 R.E. 2020] below the age of eighteen years, for medical treatment within the United Republic and abroad. (2) The health insurance scheme established pursuant to sub-section (1) shall be carried out by a competent and reliable health care provider within the United Republic. [s. 24] - 26
The appropriate authority must arrange a group life assurance policy for Members of Parliament, which applies while they are elected or appointed, pays out if a member dies in office, and lapses when the National Assembly is dissolved.
26. The appropriate authority shall make life assurance policy for arrangement for a group Members Parliament during the period when a person is elected or appointed to be a Member of Parliament pursuant to Article 66 of the Constitution and shall mature in relation to any of such Member of Parliament who dies while holding the office of a Member of Parliament and shall lapse upon dissolution of the National Assembly pursuant to article 65 of the Constitution. Life Insurance policy Cap. 2 Cap. 2 Cap. 225 (2) The term “appropriate authority” referred to in subsection (1) shall have the meaning ascribed to it under the Political Leaders Retirement Benefits Act. [s. 25] Budget of National Assembly PART V FINANCIAL PROVISIONS
Part
PART V
- 27
The Commission must direct the Clerk to prepare annual funding estimates for the National Assembly, and the Clerk must consider service needs and fiscal responsibility when doing so.
27.-(1) Prior to each fiscal year, the Commission shall direct the Clerk to prepare estimates of the sums of money which the National Assembly will require for the payment of various costs and expenses to be incurred by it, its members and its staff during the fiscal year for the following purposes- (a) administrative and support services provided to the National Assembly and to members of Parliament; and (b) funding requirements for parliamentary purposes. In preparing estimates, the Clerk shall (2) consider the following- (a) the nature, quantify of administrative services and support services required for the effective operation of the National Assembly; quality and 20 National Assembly (Administration) Act [CAP. 115 R.E. 2020] (b) the and nature, quantity of administrative services and support services which members of Parliament require for the effective performance of their constitutional functions; and quality (c) the need for fiscal responsibility. (3) The Clerk shall prepare the estimates for the Annual Report National Assembly within the funding requirements for the relevant fiscal year. [s. 26] - 28
The Clerk must present the budget estimates separately to the Workers’ Council and the Steering Committee before presenting to the Commission.
28. The Clerk shall, before making a presentation to the Commission, separately make presentation of the budget estimates to the Workers’ Council and the Steering Committee, whereupon, the Workers’ Council and Steering Committee respectively, shall review and make alterations which are found to be appropriate so to do. [s. 27] the sums of money required - 29
The Clerk must present estimates to the Commission, and the Commission must review them, make appropriate alterations, and then concur and adopt the estimates.
29. The Clerk shall present to the Commission the estimates of to be appropriated by the Parliament for the purpose of the National Assembly, and the Commission shall review the estimates and make any alterations considered and found to be appropriate and shall then concur and adopt those and adopt those estimates. [s. 28] - 30
The Clerk must prepare and submit annual National Assembly budget estimates, and the Minister must submit the National Assembly Fund estimates for approval.
30.-(1) The Clerk shall, in each financial year, prepare the estimates of revenue and expenditure for the National Assembly and submit to the Parliamentary Service Commission for review and adoption. (2) The Clerk shall submit to a consultative meeting comprising of the Minister responsible for finance and planning and Parliamentary Budget Committee estimates adopted under subsection (1), for consideration. (3) The Minister shall submit to the National Assembly estimates of revenue and expenditure of the National Assembly Fund for approval. [s. 29] Presentation of budget estimates to Worker’s Council and Steering Committee Presentation of budget estimates to Commission Estimates of revenue and expenditure for National Assembly Acts Nos. 11of 2015 s.7 2 of 2016 s. 42 Cap. 4 s. 8 21 National Assembly (Administration) Act [CAP. 115 R.E. 2020] Repeal - 31
This section was repealed by Act No. 11 of 2015.
31. Repealed by Act No. 11 of 2015 s. 71. [s. 30] Funds of National Assembly Cap. 2 Other sources of funds Cap. 134 Accounts and audit Caps. 348, 420 and 418 - 32
This section creates the National Assembly Fund and requires the Treasury to pay approved and appropriated National Assembly money into it. The Clerk administers and controls the fund and serves as Accounting Officer.
32.-(1) There is established for purposes of the National Assembly a special fund to be known as the National Assembly Fund. (2) Subject to the provision of article 135(2) of the Constitution the sums of money required for purposes of the National Assembly, which have been approved and appropriated by Parliament, shall be paid by the Treasury into the National Assembly Fund. (3) The administration and control of operation of the National Assembly Fund shall vest in the Clerk. (4) The Clerk shall be the Accounting Officer and shall be responsible for the administration and control of the operation of the National Assembly Fund. [s. 31] - 33
The National Assembly may receive grants for Parliament from foreign governments, international organisations, associations, or individuals.
33.-(1) Without prejudice to the preceding provisions of this Part, the National Assembly shall have the authority to receive for and on behalf of the Parliament of the United Republic any grant made for the purposes of the Parliament by a foreign Government, international organisation or association or an individual person. (2) Any sums received as grant made to the National Assembly pursuant to subsection (1) shall be subject to the requirements of Part V of the Government Loans, Guarantees and Grants Act. [s. 32] - 34
The Clerk must keep proper books of accounts, prepare an annual statement of income and expense within three months after each financial year ends, and submit the National Assembly Fund accounts for audit by the Controller and Auditor General.
34.-(1) The Clerk shall cause to be kept proper books of accounts and shall, within and not later than three calendar months after the end of each financial year, cause to be prepared a statement of income and expense during the financial year. (2) The accounts relating to the operations of the National Assembly Fund on the last day of the financial year shall be submitted to and audited by the Controller and Auditor General in accordance with the provisions of the Public Finance Act, the Public Procurement Act and the Public Audit Act. [s. 33] 22 National Assembly (Administration) Act [CAP. 115 R.E. 2020] Internal financial regulations Caps. 348, 410 and 418 Annual report - 35
The Commission must make internal financial regulations for the National Assembly Fund and consult the Minister responsible for finance.
35.-(1) The Commission shall, in consultation with the Minister responsible for finance, make internal financial regulations for the proper management and financial control of the operations of the National Assembly Fund. (2) In the performance of its function under subsection (1), the Commission shall ensure that, the regulations are broadly kept in line with the regulations made under the Public Finance Act, the Procurement Act and the Public Audit Act. [s. 34] - 36 Verify source ↗
Salary and allowances of members of Parliament
Each year, the Clerk must send specified reports to the Minister, and the Minister must then submit those reports to the National Assembly.
36. The Clerk shall in each year, submit to the Minister, copies of a statement of income and expenditure and a copy of the auditor’s report, together with a report on the activities of the Commission during the financial year, and the Minister shall submit the reports to the National Assembly. [s. 35] PART VI MISCELLANEOUS PROVISIONS Allowances for Commi- ssioners
Part
PART VI
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A Commission member is entitled to allowances set by the President, and people acting in good faith for the Commission, Committee, or Service are protected from personal liability for those acts.
37. The Member of the Commission shall be entitled to payment of allowances as the President may determine. [s. 36] Indemnity for certain acts 38. No matter or anything done in good faith by any member of the Commission, Committee or employees during the execution or purported execution of the functions of the Commission, Committee or Service, as the case may be, shall render such member or employee personally liable for such matter or thing or subject him personally to any liability, action, claim or demand whatsoever. [s. 37] Power to make regulation - 39 Verify source ↗
Allowances for Commissioners
The Commission may make regulations, after consulting the Leader of Government Business, to help implement and carry out the Act.
39.-(1) The Commission may, in consultation with the Leader of Government Business, make regulations as may be necessary or expedient for facilitating the effective implementation and better carrying out of the provisions of this Act. (2) Without prejudice to the generality of 23 National Assembly (Administration) Act [CAP. 115 R.E. 2020] subsection (1), the regulations may prescribe- (a) the conduct of the business of the Commission; (b) the terms and conditions of service, pension and other retirement benefits of employees; (c) the procedures for the discipline of employees; (d) procedures for preferring appeal to the Commission; (e) the orientation and training of members of the National Assembly and employees; and (f) such other matter which needs to be prescribed under this Act. (3) The regulations made under this section shall be published in the Gazette. [s. 38] PART VII REPEAL AND SAVINGS
Part
PART VII
- 40
This section repeals the Parliamentary Services Commission Act and keeps certain prior orders, appointments, offices, and subsidiary legislation temporarily valid.
40.-(1) The Parliamentary Services Commission Act is hereby repealed. (2) Notwithstanding the provisions of sub-section (1), every order, direction or appointment which was issued, given or made pursuant to the provision of the Parliamentary Service Commission Act, and every office which was created pursuant to the Act, shall remain valid until otherwise cancelled, revoked, varied or abolished under the provisions of this Act. (3) All subsidiary legislation made under the repealed Act and which were in force immediately before the commencement of this Act shall, in so far as they are not inconsistent with this Act or to the terms and conditions of the employees of the service of the employees of the Service, remain in force until they are expressly amended, revoked or reviewed pursuant to the provisions of this Act. [s. 39] Repeal and savings Act No. 14 of 1997 Transitional - 41 Verify source ↗
Repeal and saving
Pending obligations, proceedings, and claims relating to the National Assembly are to be continued or enforced by or against the Commission as if the Act had already been in force.
41. All legal obligation, proceedings and 24 National Assembly (Administration) Act [CAP. 115 R.E. 2020] provisions claims pending in respect of the National Assembly shall be continued or enforced by or against the Commission in the same manner as they would have been continued or enforced if this Act had been in force at the time when the cause of action arose. [s. 40] _________________ 25
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The National Assembly (Administration) Act
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