THE PUBLIC SERVICE (AMENDMENT) ACT, 2007
ARRANGEMENT OF SECTIONS
Section Title
PART I
PRELIMINARY PROVISIONS
1. Short title and construction.
PART II
A M E N D M E N T OF THE PUBLIC SERVICE A C T
2. Amendment of section 5.
3. Amendment of section 6.
4. Amendment of section 7.
5. Amendment of section 8.
6. Amendment of section 9.
7 .Amendment of section 10
8. Amendment of section 12.
9. Amendment of section 15.
10. Amendment of section 25.
11. Addition of section 29.
12. Amendment of section 30
13. Amendment of section 35.
14. Amendment of section 35A.
1
No. 1 8 Public Service (Amendment) 2007 3
THE UNITED REPUB;IC OF TANZANIA
No. 18 OF 2007
I ASSENT,
-r— President
An Act to amend the Public Service Act.
ENACTED by Parliament ofthe United Republic of Tanzania.
PART I
PRELIMINARY PROVISIONS
l . - ( 1) This Act may be cited as the Public Service (Amendment) Short title
Short title Act, 2007 and shall be read as one with the Public Service Act and
and ~ons- hereinafter referred to as the "principal Act". construc
tion
(2) The Minister may appoint different dates for the commencement
Cap. 298
of different Parts or provisions of this Act.
PART II
AMENDMENT OF THE PUBLIC SERVICE ACT
2. The principal Act is amended in section 5 by- Amend
(a) deleting paragraph (b). ment o f
section 5
(b) renam ing the existing paragraph (c) and (d), as (b) and (c).
3. The principal Act is amended in section 6 by:- Amend
(a) by deleting paragraph; (a)sub-section (1) and substituting for ment o f
section 6
it the following:
"(a) pursue-
(i) results oriented management; and
(ii) Open Performance Appraisal System;"
(b) repealing subsection (3) and replacing it with the
4 No. 18 Public Service (Amendment) 2007
following provisions:
"(3) Every head of department or division shall be the disciplinary
authority in respect of employees in the operational service under his
department or division."
(c) by adding a new section 6A as follows-.
Promo 6 A . - ( 1 ) Where a vacant post occurs in the Service, such
tion and
post shall be filled by a suitable filling empoyee in the public
filling of
vacant services and in the absence of such employee, consideration
posts 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
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 (e) the
scheme of service."
4. The principal Act is amended in subsection (3) of section 7 by
mTnT'-of deleting item (vi).
Section 7
5 . The principal Act is amended in section 8 by-
Amend
ment o f (a) hy_deleting paragraph (f) of subsectio (3) and substituting for
section 8 .
is the following:
"(f) facilitate labour mobility of employees among employers
through transfers where-
(i) a need arise for; or
(ii) it is for public interest so to do,
and that conssultations with the relevant employers are made;
No. 18 Public Service (Amendment) 2007 5
following provisions:
"(3) Every head of department or division shall be the disciplinary
authority in respect of employees in the operational service under his
department or division."
(c) by adding a new section 6A as follows-.
Promo 6A.-(1) Where a vacant post occurs in the Service, such
tion and post shall be filled by a suitable filling empoyee in the public
filling of
vacant services and in the absence of such employee, consideration
posts 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
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 (e) the
scheme of service."
4. The principal Act is amended in subsection (3) of section 7 by
A m e
"t, deleting item (vi).
b v
ment o f '
section 7
5 . The principal Act is amended in section 8 by-
Amend
ment o f (a) hy_deleting paragraph (f) of subsectio (3) and substituting for
section 8
is the following:
"(f) facilitate labour mobility of employees among employers
through transfers where-
(i) a need arise for; or
(ii) it is for public interest so to do,
and that conssultations with the relevant employers are made;
6 No. 18 Public Service (Amendment) 2007
Addition 11. The principal Act is amended by-
of section
(a) inserting a new section 29 immediately after the heading
29
"SPECIAL PROVISIONS " as follows-
"Establish 29.-(1) There shall be established by the
ments and Minister a Secretariat to be known as the Public
functions Service Recruitment Secretariat which shall be
of the composed of-
Secretariat
(a) a Chairman who shall be appointed
by the President;
(b) such number of persons not less than
five 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 of employees to the
Service.
(5) For purposes of subsection (4), the
Secretariat shall have representatives in every
regional headquarter.
(6) In relation to subsection (4), the functions
of the Secretariat shall be to-
(a) search for various professionals with
special skills and prepare a database
of such professionals for ease of
recruitment;
(b) register graduates and professionals
for purposes of ease of reference and
filling vacant posts;
(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
(f) do any other act or thing which may
be or directed by the Minister.
No. 18 Public Service (Amendment) 2007 7
(7) The Secretariat shall make procedures for
conduct of its business".
(b) designating the existing sections "29" to "36" as sections 30
to 37, respectively.
12. The principal Act is amended in section 30 as designated - Amend
ment of
(a) by designating the contents of section 30 as section "30(1)"; section
(b) by adding immediately after subsection (1) the following: 31
"(2) Without prejudice to subsection (1), public
servants referred to under this section shall also be
governed by the provisions of this Act."
13. The principal Act is amended in subsection (2) of section 35 as Amend
designated by inserting paragraph "(f)" immediately after paragraph (e) ment of
section
as follows:
35
"(f) prescribe manners and conditions of labour mobility within
the Service."
14. The principal Act is amended by adding immediately after section Addition
35 as designated the following provisions: of section
35A
35A.-(1) The Minister may, for purposes of
"Minister providing guidance to public servants, issue
may issue guidelines and codes of good practice.
guidelines,
codes of (2) Guidelines and codes of good practice made
good under subsection (1) shall be published in the
practice,
Gazette.
etc.
(3) Any 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 of good practice shall be required to provide
the grounds as to why the departure was
necessary"
Passed in the National Assembly on
Assembly
