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This Edition of the Public Service Act, Chapter 298, has been revised upto and including 30[th] November, 2019 and is printed under the authority ofsection…

This Edition of the Public Service Act, Chapter 298, has been revised up
to and including 30[th] November, 2019 and is printed under the authority of
section 4 of the Laws Revision Act, Chapter 4.

Dodoma,
30[th] November, 2019

ADELARDUS L. KILANGI

Attorney General

PRINTED BY THE GOVERNMENT PRINTER, DAR ES SALAAM – TANZANIA

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The Public Service Act [CAP. 365 R.E 2019]

CHAPTER 298

THE PUBLIC SERVICE ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

Section Title

PART I
PRELIMINARY PROVISIONS

  1. Short title.
  2. Omitted.
  3. Interpretation.

PART II
ADMINISTRATION OF THE PUBLIC SERVICE

  1. Chief Secretary.
  2. Other executives in Service.
  3. Duties of executives in relation to Service.
    6A.Promotion and filing of vacant posts.
  4. Public Service Scheme.
  5. Administration and terms of service.
    8A.Approval of salary and incentives.

PART III
THE PUBLIC SERVICE COMMISSION

  1. Establishment of Commission.
  2. Functions of Commission.
  3. Oath of members.
  4. Remuneration of members.
  5. Protection of members.
  6. Secretary and staff of Commission.

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The Public Service Act [CAP. 298 R.E 2019]

  1. Departments of Commission.
  2. Annual report.
  3. Communication of Commission privileged.
  4. Prohibition of unauthorised disclosure of information.
  5. Offence of attempt to influence Commission.
  6. Rules for exercise of functions of Commission.

PART IV
PROVISIONS RELATING TO FUNCTIONS OF THE PRESIDENT

  1. Delegation of functions.
  2. Advice not binding President.
  3. Powers of dismissal.
  4. Powers of removal.
  5. Appeals.

PART V
PROVISIONS RELATING TO RETIREMENT BENEFITS

25A. Age of retirement of public servant.

  1. Matters relating to retirement benefits.
  2. Exemption from application of certain conditions.
  3. Exemption from conditions.

PART VI
SPECIAL PROVISIONS
(a) The Public Service Recruitment Secretariat

  1. Establishment and functions of Secretariat.
    29A.Delegation of functions and powers of Secretary.
  2. Repealed.

(b) Executive Agencies and Public Institutions Service

  1. Public servants in executive agencies and public institutions.

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The Public Service Act

[CAP. 298 R.E 2019]

(c) Operational Service

  1. Public servants in operational service.
    32A.Remedies under labour laws.
  2. Legal proceedings.
  3. Compensation for occupational disease or death.
    34A.Overtiding effect.
  4. Regulations.
    35A.Minister may issue guidelines and codes of good practice.
  5. Repeal of various Acts.
  6. Savings and transitional provisions.

SCHEDULES

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The Public Service Act [CAP. 298 R.E 2019]

CHAPTER 298

THE PUBLIC SERVICE ACT

An Act to constitute the public service of the United Republic, to provide for its functions and obligations, to establish the Public Service Commission and provide for matters related to it.

[1st July, 2002][G.N. No. 278 of 2002]

Acts Nos.
8 of 2002
25 of 2002
19 of 2004
18 of 2007
3 of 2009
2 of 2010
4 of 2011
2 of 2013
24 of 2015
25 of 2015
13 of 2016
1 of 2018
2 of 2018
13 of 2019

PART I
PRELIMINARY PROVISIONS

Short title 1. This Act may be cited as the Public Service Act.

Omitted 2. Omitted.

Interpretation 3. In this Act, unless the context otherwise requires –

Acts Nos. “appointing authority” means any person or authority
19 of 2004 exercising powers of making appointment to any
sch. public service office;
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The Public Service Act [CAP. 298 R.E 2019]

13 of 2016 “Chairman” means the chairman of the Commission and s.22 includes a person acting in that office; “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; Cap.2 “Constitution” means the Constitution of the United Republic of Tanzania; Caps. 287 and 288 “Council” has the meaning ascribed to it by the Local Government (District Authorities) Act or the Local Government (Urban Authorities) Act; “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; Cap.2 “judicial office” means an office to which Article 113 of the Constitution applies; “judicial officer” means any person who holds or acts in a judicial office; Caps. 287 and 288 “local government authority” has the meaning ascribed to it by the Local Government (District Authorities) Act or the Local Government (Urban Authorities) Act; “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;

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The Public Service Act [CAP. 298 R.E 2019]

“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;
“parliamentary officer” has the meaning ascribed to it by
the Parliamentary Services Commission Act;
“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.

Cap.115

Cap.115

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The Public Service Act [CAP. 298 R.E 2019]

PART II
ADMINISTRATION OF THE PUBLIC SERVICE

Chief Secretary
Act No.
13 of 2019
s. 69

4.-(1) There shall be the Chief Secretary appointed
by the President who shall be the chief executive officer of
the Service.

(2) The Chief Secretary shall be the head of the
public service and the Secretary to the Cabinet.

(3) The Chief Secretary shall, as head of the
Service, provide leadership, direction and image to the
Service and shall-

(a) ensure that public servants in the Service are
trained, motivated, efficient and effectively
performing, and the Service is free of corruption
and other unethical tendencies;

(b) improve public accountability by promoting
focus on result, service quality and customer
satisfaction in public service performance;

(c) be responsible for confirmation of public
servants appointed by the President; and

(d) be a disciplinary authority in respect of public
servants appointed by the President.

(e) notwithstanding any other written law to the
contrary, be the highest authority in matters
relating to labour mobility in the Service.

(4) In addition to functions specified by the
provisions of subsection (3), the Chief Secretary shall be
the highest ranking disciplinary authority in the Service and
may, in that capacity, in relation to any servant exercise all
or any of the powers delegated to a disciplinary authority.

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The Public Service Act [CAP. 298 R.E 2019]

Other executives in Service Acts Nos. 18 of 2007 s.2 3 of 2009 s.23 Cap. 4 s. 8

5.-(1) Except where the President determine otherwise, there shall be appointed by the President- (a) a chief executive officer in respect of each ministry, extra-ministerial department, region or local government authority, in the Government of the United Republic, who shall be known as the Permanent Secretary for that Ministry, the Head of that extra-ministerial department or Regional Administrative Secretary for the Region or of the local government authority, as the case may be, save that-

(i) in the case of the office of the National Assembly, the person appointed to be the Clerk to the National Assembly shall also be the chief executive officer;

(ii) in the case of local government, the Minister responsible for Local Government shall be the authority in respect of appointment, promotion and discipline of local government Authorities;

(b) deputy Permanent Secretaries and Ambassadors;

(c) Regional and District Commissioners.

(2) For the purposes of subsection (1), Local Government Authority means an Executive Director of any local government authority other than Directors of City Councils or Commissions.

(3) The President may appoint such number of other public servants known by such titles as may, from time to time, be determined or provided for by any other written law.

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The Public Service Act [CAP. 298 R.E 2019]

Duties of executives in relation to Service Acts Nos. 25 of 2002 sch. 19 of 2004 sch. 18 of 2007 s.3 4 of 2011 s. 69 2 of 2013 s.10 24 of 2015 s.20 25 of 2015 s 24(a) Cap. 4 s.8

6.-(1) Every Permanent Secretary, Head of extraministerial department, Chief Court Administrator, Regional Administrative Secretary and Local Government Authority shall-
(a) pursue-
(i) results oriented management; and
(ii) open Performance Review and Appraisal System;
(b) be the authority in respect of the appointment, confirmation, promotion and discipline of public servants other than those appointed by the President;
(c) oversee and ensure career development of employees in their respective organisation.

(2) Every Permanent Secretary shall, after consultation with the Chief Secretary, sign an annual performance contract with the respective Minister.

(3) Every Permanent Secretary shall facilitate and oversee career development of cadres of employees under their respective Ministry.

(4) Every head of department or division shall be the disciplinary authority in respect of employees in the operational service under his department or division.

(5) Omitted

(6) The authority for appointment, confirmation, promotion and discipline of public servants in the Local Government Service other than those for whom the appointing authority is the President or the Minister, as the case may be, shall be the local government authority concerned.

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The Public Service Act [CAP. 298 R.E 2019]

(7) The Authority for appointment, confirmation,
promotion and discipline of non judicial officers employed
in the Judicial Service shall be Commission.

Promotion and
filling of vacant
posts
Acts Nos.
18 of 2007
s.3
4 of 2011
s. 69

6A.-(1) (1) Where a vacant post occurs in the
Service, such post shall be filled by a suitable employee in
the public service 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 filling any vacant post in respect of entry
point of any scheme of service, the post shall be advertised
and interview be conducted to suitable candidate, unless the
Chief Secretary directs 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;
(d) the scheme of service.

Public Service
Scheme
Act No.
18 of 2007
s.4

7.-(1) The Minister shall formulate a Public Service
Scheme which shall govern all service schemes.

(2) For the purpose of this section, service schemes
shall be formulated by the Minister responsible for each
service in consultation with the Minister.

(3) For the purpose of this section,“Service
Schemes” include-
(a) Public Service Scheme;
(b) Civil Service Scheme;
(c) Local Government Service Scheme;
(d) Teachers Service Scheme;
(e) Health Service Scheme; and
(f) Judicial Service Scheme.

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The Public Service Act [CAP. 298 R.E 2019]

Administration and terms of service Acts Nos. 18 of 2007 s.5 2 of 2010 s.38 24 of 2015 s.21 13 of 2016 s.23 Cap.4 s.8

8.-(1) Subject to any written law and to the instructions of the President, the administration of the Service and the ordering of the terms and conditions of service of public servants is hereby vested in the Chief Secretary.

(2) Subject to any general or specific directions of the Chief Secretary, the Permanent Secretary (Establishment) shall be the principal assistant to the Chief Secretary in relation to the administration of the Service and shall, in addition to the functions under subsection (2) of section 6, be vested with, have the duty and exercise the power to-

(a) after consultation with the Minister, notify the Chief Secretary of vacancies in public service offices in respect of which the President is the appointing authority;

(b) formulate, promulgate, monitor, evaluate, review and interpret administrative and personnel policies;
(c) prescribe the code of conduct for public servants;
(d) constitute and abolish public service offices, except the office of Permanent Secretary;
(e) co-ordinate recruitment and appointments of persons from outside the United Republic.
(3) Except where the Chief Secretary directs otherwise, the Permanent Secretary (Establishment) shall-
(a) conduct investigations and studies concerning development and improvement of the efficiency of public servants and shall take appropriate steps to ensure the attainment of public service efficiency;
(b) carry out a review of annual personal emoluments to ensure that personal emoluments expenditure conforms to budget ceiling;
(c) co-ordinate and ensure proper upkeep of personnel information for all public servants;

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The Public Service Act [CAP. 298 R.E 2019]

(d) rationalize and harmonize salaries, allowances
and fringe benefits in the Service;
(e) be a change agent in relation to the image,
mission,ethics, conduct and role of the Service;
(f) carry out job evaluation and regrading and
determine remunerations of public servants;
(g) facilitate and approve schemes of service in the
Service;
(h) be the authority in respect of transfer of
employees in the Service; and
(i) issue various circulars in respect of any matter
under this Act.
(4) Omitted.
(5) Notwithstanding any provision of this section,
every public servant shall be required to accept and assume
duties at any place where he has been posted by the
employer.
(6) The Permanent Secretary (Establishment) may
delegate to executive officers specified under section 6(1)
powers to transfer employees in the Service stipulated
under paragraph (h) of subsection (3).

Approval of salary and incentives
Act No.
13 of 2016
s.24
Cap.4
s.8

84-(1) Notwithstanding the provision of any other
written law to the contrary, salaries, allowances, incentives
and fringe benefits in the Government and public
institutions shall be approved by the Permanent Secretary,
President’s Office (Establishment).

(2) Subsection (1) shall not apply to-
(a) the National Assembly;
(b) the Judiciary;
(c) the Tanzania People’s Defence Force;
(d) the Police Force, Tanzania Immigration
Service Department and prisons service;
(e) the National Service;
(f) the Fire and Rescue Service;
(g) the Tanzania Intelligence and Security
Service.

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The Public Service Act [CAP. 298 R.E 2019]

PART III
THE PUBLIC SERVICE COMMISSION

Establishment of 9.-(1) There is hereby established a commission
Commission which shall be known as the Public Service Commission,
Act No. whose membership shall be composed of a Chairman and
18 of 2007 not more than six other members who shall be appointed by
s.6 the President.

(2) In appointing members of the Commission, the
President shall ensure that it consists of both men and
women appointed only on grounds of merit.
(3) The Commission shall cater for public servants
in the following services-
(a) the civil service;
(b) the local government service;
(c) the health service;
(d) the teachers service;
(e) the executive agencies and the public
institutions service; and
(f) the operational service.

(4) A member of the Commission shall serve for a
period of three years and may be re-appointed for another
term of three years.
(5) A person appointed to be member of the
Commission shall be a person respected in the community
in which he belongs, who is serving or has served in any
profession, with experience at a senior management level in
a public sector organisation and is of a

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