CHAPTER 135 - AFRICAN EDUCATION ACT: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Unified African Teaching Service Regulations

Teaching Service Regulations

Teaching Service (Pensions) Regulations

UNIFIED AFRICAN TEACHING SERVICE REGULATIONS

[Section 5]

[RETAINED AS PER S.15 OF INTERPRETATION AND GENERAL PROVISIONS ACT]

Arrangement of Regulations

   Regulation

PART I
PRELIMINARY

   1.   Title and commencement

   2.   Interpretation

PART II
THE SERVICE

   3.   Salary scales and qualifications

   4.   Application of Regulations

   5.   Appointment of class III employees and probationers

   6.   Confirmation of probationers

   7.   Increments

   8.   Promotion

   9.   Termination of appointment

PART III
DISCIPLINE

   10.   Absence from duty

   11.   Suspension from duty

   12.   Penalties

   13.   Who may award penalties

   14.   Procedure

   15.   Procedure on dismissal

   16.   Procedure on discharge

   17.   Re-employment of discharged or dismissed employee

   18.   Employee convicted of criminal offence

   19.   Sundry offences

   20.   Complaints

   21.   Appeals

PART IV
ADMINISTRATION

   22.   Quarters

   23.   Records of service

   24.   Liability to serve in any part of Zambia

PART V
LEAVE AND TRANSPORT

   25.   Leave

   26.   Sick leave

   27.   Leave on urgent private affairs

   28.   Transport privileges

PART VI
PENSIONS AND GRATUITIES

   29.   Service to be unbroken

   30.   Pensions and gratuities: application

   31.   Qualification for pension or gratuity

   32.   Gratuity and reduced pensions

   33.   Basic pension

   34.   Gratuities

   35.   Special pensions or gratuities

   36.   Pension to cease on conviction

   37.   Further employment of pensioners

   38.   Payment of pension

   39.   Form of application

   40.   Liability of employees to amendments

       SCHEDULE

GN 372 of 1953,

GN 378 of 1953,

GN 345 of 1957,

GN 272 of 1959,

GN 34 of 1961,

GN 318 of 1962,

GN 292 of 1964,

GN 497 of 1964,

SI 123 of 1965,

SI 314 of 1966.

[Regulations by the Minister]

PART I
PRELIMINARY

1.   Title and commencement

These Regulations may be cited as the Unified African Teaching Service Regulations, and shall be deemed to have come into force on the 1st July, 1953.

2.   Interpretation

In these Regulations, unless the context otherwise requires–

"class I employee" means an employee mentioned in Part I of the Schedule;

"class II employee" means an employee mentioned in Part II of the Schedule;

"class III employee" means an employee mentioned in Part III of the Schedule;

"confirm" means to confirm a class I or class II employee in a permanent and pensionable appointment in the Service, and "confirmed" and "confirmation" shall be construed accordingly;

"discharge" means termination, by due notice, of the appointment of an employee on the ground of his inability to perform efficiently the duties of his post or on the ground of misconduct;

"dismissal" means the termination, without due notice, of the appointment of an employee on the ground of inefficiency, or on the ground of repeated or serious misconduct or of disobedience;

"due notice" means–

      (a)   in the case of an employee employed on a monthly basis, one month's notice; and

      (b)   in the case of an employee who has been confirmed, three months' notice, and shall not include any period of leave;

"employee" means a member of the Service;

"manager" means the person acting or appointed as the manager of a school;

"pensionable service" means service which may be taken into account in computing pension under these Regulations;

"probationer" means a class I or class II employee who has not been confirmed;

"qualifying service" means service which may be taken into account in determining whether an employee is eligible by length of service for pension, gratuity or other allowance;

"Regional Committee" means a Regional Teaching Service Committee established under the provisions of section 4 of the Act;

"salary", for the purpose of computing pension, shall not include any allowance or similar emolument whatsoever unless such is specifically approved by the President as pensionable;

"the Service" means the Unified African Teaching Service established under the provisions of subsection (1) of section 3 of the Act;

"service", for the purpose of computation of leave, shall not include any other period of leave, whether vacation leave, sick leave or leave on urgent private affairs.

[Am by No. 345 of 1957, No. 34 of 1961 and No. 314 of 1966.]

PART II
THE SERVICE

3.   Salary scales and qualifications

The Secretary may from time to time specify the salary scales applicable to employees and the qualifications necessary for appointment and for promotion to the various grades.

[Am by No. 34 of 1961 and No. 314 of 1966.]

4.   Application of Regulations

These Regulations shall apply to all employees other than those who have exercised the option, conferred by section 3 of the Act, to retain African Civil Service conditions of service.

[Am amended by No. 34 of 196.]

5.   Appointment of class III employees and probationers

   (1) Subject to the provisions of sub-regulation (2), a manager may appoint as a class III employee or as a probationer any African who has been approved by a Regional Committee for entry into the Service.

   (2) An appointment under sub-regulation (1) shall not be effective until it has been approved–

      (a)   in the case of the appointment of an African who is a native of Zambia, by the Regional Committee of the Region in which the school is situate; and

      (b)   in the case of the appointment of an African who is not a native of Zambia, by the Secretary;

and in either case approval of the appointment may be withheld without any reason being assigned therefor.

   (3) A class III employee or a probationer shall be appointed on a monthly basis and upon approved appointment shall receive a letter of appointment.

   (4) A probationer shall normally serve as such for a period of not less than four years but the Secretary may, in his discretion and in any particular case, reduce or extend the period of probation.

[Am by No. 345 of 1957, No. 34 of 1961 and No. 314 of 1966.]

6.   Confirmation of probationers

   (1) Upon the completion of his probationary period a probationer may be confirmed in his appointment by the Secretary, and for this purpose the Secretary may require such reports as he may deem necessary from the manager of the school at which the probationer is serving and from the Regional Committee concerned.

   (2) It shall be the duty of Regional Committees and of managers to ensure that consideration is given to the confirmation of probationers at the appropriate time.

   (3) If at any time during his probationary period it appears that a probationer is unlikely to merit confirmation, the manager of his school shall warn him in writing to that effect and such warning shall state the reasons why the probationer is unlikely to merit confirmation.

   (4) The Secretary shall have power to terminate an employee's probationary appointment, without assigning any reason therefor, at any time during the probationary period.

   (5) No probationer shall be confirmed until he has been medically examined and passed medically fit.

   (6) If a probationer is found to be medically unfit he shall be discharged:

Provided that if, in the opinion of a medical practitioner, such probationer is likely to become medically fit for confirmation after medical treatment, his probationary period may be extended so as to allow such treatment to be undertaken.

[Am by No. 34 of 1961 and No. 314 of 1966.]

7.   Increments

   (1) The normal increments in the salary of an employee may be granted by the manager only after he is satisfied that such employee has performed his duties with diligence, efficiency and fidelity:

Provided that an increment of a manager of a school who is a member of the Service may only be granted by the proprietor of such school.

   (2) Increments in salary are not granted as a matter of right.

8.   Promotion

   (1) Promotion shall be by recognised qualifications and by merit and, in the case of limited establishments, subject to the existence of suitable vacancies.

   (2) Promotions shall be made by the Secretary and in all cases other than the case of promotion of a manager, who is a member of the Service, the Secretary shall require to be satisfied by a certificate from the manager of the school at which the employee concerned is at the time serving that such employee is possessed of the necessary qualifications both of ability and character.

   (3) Promotion of a manager of a school who is a member of the Service shall be made by the Secretary who shall require to be satisfied by a certificate from the proprietor of such school that such manager is possessed of the necessary qualifications both of ability and character.

   (4) The Secretary may require any candidate for promotion to undergo such examination or test as he may consider necessary to prove that such candidate is properly qualified.

   (5) The Secretary may prescribe such general examinations or tests for promotion bars as he may deem fit.

   (6) Notwithstanding anything in these Regulations contained, the Secretary may in special cases approve the grant of accelerated promotion or the payment of a special salary to an employee.

[Am by No. 345 of 1957 and No. 34 of 1961.]

9.   Termination of appointment

   (1) No employee shall retire, resign or be discharged without due notice being given by or to him, as the case may be.

   (2) An employee may retire at any time after he has attained the age of 55 years or after completing 30 years' service, whichever is the earlier.

   (3) The Secretary may require an employee to retire–

      (a)   on the recommendation of a Regional Committee at any time after such employee has attained the age of 50 years or has completed 25 years' service, whichever is the earlier; or

      (b)   on grounds of infirmity of mind or body which is likely to be permanent, certified by a registered medical practitioner; or

      (c)   because the abolition of the post of such employee or the reorganisation of the Service makes such retirement desirable in the interests of economy or efficiency.

   (4) An employee who–

      (a)   is required to retire under this regulation; or

      (b)   retires or resigns after completing a tour of 10 months;

shall be eligible for any leave due to him and, with the approval of the Regional Committee, journey leave and the transport privileges set forth in regulation 28:

Provided that–

      (i)   such employee shall be entitled to free transport for himself to the place at which he was appointed to the Service and, if not granted leave, he shall be entitled to rations or a cash allowance in lieu thereof sufficient for the journey;

      (ii)   the Secretary may in any particular case waive the giving of notice by such employee or the serving of a tour of 10 months.

   (5) An employee, on termination of his appointment otherwise than by dismissal, shall be entitled to a Certificate of Service.

   (6) For the purposes of this regulation, "service" shall include all periods of continuous service in the Service, in the African Civil Service or as an aided employee in an assisted school, prior to the introduction of these Regulations.

[Am by No. 345 of 1957, No. 34 of 1961 and No. 314 of 1966.]

PART III
DISCIPLINE

10.   Absence from duty

   (1) Absence from duty without leave or other sufficient cause shall render an employee liable to forfeit his salary for the period of such absence and in addition thereto to any of the penalties set forth in regulation 12.

   (2) Ill health will not be accepted as a sufficient cause for absence from duty for a period exceeding two days unless the manager is satisfied that the absence from duty is or was in fact due to ill health and was necessary.

   (3) Notwithstanding any other provisions of these Regulations, if an employee is absent without leave for more than 14 consecutive days then–

      (a)   in the case of a manager who is a member of the Service, his proprietor; and

      (b)   in the case of any other employee, his manager;

may with the approval of the Secretary summarily terminate the appointment of such employee with effect from the first day of this absence.

   (4) Any employee whose appointment has been terminated under the provisions of sub-regulation (3) may be reinstated in his employment if such employee, within two months from the first day of his absence, satisfied the Secretary that there was reasonable cause for his absence.

[Am by No. 34 of 1961]

11.   Suspension from duty

   (1) In any case of repeated serious misconduct or continued inefficiency likely to lead to the discharge or dismissal of an employee–

      (a)   in the case of a manager of a school who is a member of the Service, the proprietor of such school; or

      (b)   in the case of any other employee, the manager under whose supervision such employee is serving;

may, pending the decision in the matter, suspend such employee from duty:

Provided that if an employee is arrested on a criminal charge he shall be suspended from duty with effect from the date of his arrest.

   (2) Pending a decision on his case, an employee who has been suspended from duty shall receive no salary but shall receive ration allowance at the rates appropriate to the district in which he is serving and in the case of suspension following arrest such allowance shall be paid to the wife of the employee.

   (3) Part or all of any salary withheld under the provisions of sub-regulation (2) may be restored–

      (a)   in the case of a class I employee, at the discretion of the Secretary; and

      (b)   in any other case, at the discretion of the Regional Committee;

whether such employee is discharged or not.

[Am by No. 34 of 1961 and No. 314 of 1966.]

12.   Penalties

The following penalties may be imposed upon an employee found guilty of inefficiency or misconduct–

      (a)   dismissal;

      (b)   discharge;

      (c)   his increment may be stopped and shall not be paid during the period of stoppage. A stopped increment may be restored, and shall then become payable from the date of such restoration until the end of the current incremental period when the employee shall become eligible for further increments;

      (d)   his increment may be deferred. When such increment is restored, the date of such restoration shall thereupon become the incremental date of the employee;

      (e)   his increment may be suspended. Such increment may at any time thereafter be stopped or deferred or may be restored with effect from the date on which it became due, as circumstances may require:

Provided that if such increment is not so restored, or otherwise dealt with, within a year of the date on which it became due it shall then be either stopped or deferred;

      (f)   his salary may be either permanently or temporarily reduced. Such reduction may be to a lower scale but shall in no case be to a point lower than the point at which the employee was appointed. A reduction of salary shall only be to a specific point in a recognised salary scale;

A permanent reduction of salary means one by which an employee will receive less than he would have received until he reaches the maximum of the scale but a permanent reduction of salary shall not debar an employee from being eligible for normal increment;

A temporary reduction of salary means a reduction for a specific number of months not exceeding 12. At the end of the period of temporary reduction the employee shall revert to his former unreduced rate of salary. If the employee's incremental date falls within the period of temporary reduction his increment may be granted (subject to satisfactory service after the date on which the reduction commenced) and at the end of the period of reduction he shall commence to receive the full rate of salary for which he would have been eligible had his salary not been reduced.

[Am by No. 378 of 1953 and No. 34 of 1961.]

13.   Who may award penalties

The power to award penalties shall be vested in the persons mentioned below and to the extent herein specified–

      (a)   the Secretary may impose upon any employee any of the penalties set out in regulation 12;

      (b)   a proprietor may, subject to review and confirmation by the Secretary, impose upon any manager who is a member of the Service any of the penalties set out in regulation 12;

      (c)   a manager may, subject to review and confirmation by the Regional Committee, impose upon any employee any of the penalties set out in regulation 12:

Provided that a manager may not discharge or dismiss–

      (i)   a class I employee without the prior approval of the Secretary; and

      (ii)   a class II employee without the prior approval of the Regional Committee.

[Am by No. 34 of 1961 and No. 314 of 1966.]

14.   Procedure

   (1) In any case where it is proposed to impose a penalty upon an employee on the ground of inefficiency he shall, before a penalty is imposed–

      (a)   be informed in writing in what respect he is regarded as inefficient;

      (b)   be informed in writing of a specific period within which to improve his standard of efficiency; and

      (c)   be afforded an opportunity to make such representations as he may wish.

   (2) In any case where it is intended to impose a penalty upon an employee on the ground of misconduct or disobedience he shall, before a penalty is imposed–

      (a)   be informed in writing in what respect he has misconducted himself or been disobedient; and

      (b)   be afforded an opportunity to exculpate himself.

   (3) When an employee is orally warned of inefficiency or misconduct the terms of the warning and of any exculpatory statement shall be entered in his record of service.

[Am by No. 34 of 1961.]

15.   Procedure on dismissal

An employee who is dismissed shall–

      (a)   forfeit any vacation leave for which he may have qualified and the transport privileges set forth in regulation 28;

      (b)   not be granted any pension or gratuity; and

      (c)   be entitled to free transport for himself only to the place where he was appointed to the Service, together with rations or a cash allowance in lieu thereof sufficient for the journey.

[Am by No. 34 of 1961.]

16.   Procedure on discharge

An employee who is discharged–

      (a)   shall be eligible for any leave due to him and the transport privileges set forth in regulation 28 if he has completed a tour of at least 10 months;

      (b)   shall be entitled to free transport for himself to the place at which he was appointed to the Service and to rations or a cash allowance in lieu thereof sufficient for the journey if he has not completed 10 months' service; and

      (c)   shall, at the discretion of the President, be awarded such pension or gratuity, if any, for which he may be eligible unless the Public Service Commission concurs in the refusal of the President to grant such pension or gratuity or, as the case may be, in his decision to withhold them, reduce them in amount or suspend them.

[Am by No. 34 of 1961 and No. 123 of 1965.]

17.   Re-employment of discharged or dismissed employee

No employee who has been discharged or dismissed under the provisions of these Regulations shall be re-employed except with the written permission of the Secretary.

[Am by No. 34 of 1961.]

18.   Employee convicted of criminal offence

If any employee is convicted of a criminal offence he may be dismissed from the Service.

[Am by No. 34 of 1961.]

19.   Sundry offences

Any employee who–

      (a)   without the consent of the manager of his school engages for personal profit in any commercial or other pursuit;

      (b)   conducts himself in any way which interferes with the efficient conduct of the school;

      (c)   uses for purposes unconnected with the Service information which he may have gained in the course of his duties, whether such information is oral or in the form of official correspondence or copies thereof;

      (d)   receives any valuable present other than the ordinary gifts of personal friends (wherein the Secretary shall be the sold judge) whether in the shape of money, goods or other personal benefits;

      (e)   is disobedient or insolent in the course of his duties;

      (f)   is negligent or lazy;

      (g)   renders himself unfit for his duty by reason of the use of intoxicants or drugs;

      (h)   is guilty of immoral conduct;

      (i)   does anything by word or deed which is likely to bring the Service into disrepute;

      (j)   uses his position as an employee to further the ends of any political party or to expound his own political views;

      (k)   uses his position as an employee to encourage disrespect for or disobedience to the lawfully constituted Government or any laws or orders lawfully promulgated;

shall be deemed to be guilty of serious misconduct.

[Am by No. 34 of 1961 and No. 123 of 1965.]

20.   Complaints

   (1) Every employee other than a manager shall have the right of preferring, through the manager of the school at which he is serving, any general or special complaint to the Regional Committee which shall investigate the complaint and–

      (a)   in the case of a class I employee, refer the matter together with its recommendation thereon to the Secretary for a decision; or

      (b)   in any other case, give its decision on the complaint.

   (2) Every manager of a school who is a member of the Service shall have the right of preferring through a proprietor of such school any general or special complaint to the Secretary who shall investigate the complaint and give his decision thereon.

[Am by No. 34 of 1961 and No. 314 of 1966.]

21.   Appeals

   (1) A class III employee or a probationer upon whom a penalty, other than discharge or dismissal, has been imposed by a manager may appeal to the Regional Committee whose decision thereon shall be final.

   (2) An employee who has been confirmed and upon whom a penalty, other than discharge or dismissal, has been imposed by a manager may appeal to the Regional Committee.

   (3) Any person aggrieved by the decision of a Regional Committee in any appeal under sub-regulation (2) may appeal to the Secretary whose decision thereon shall be final.

   (4) The following may appeal to the Minister whose decision upon such appeal shall be final:

      (a)   any manager upon whom a penalty has been imposed by his proprietor or by the Secretary;

      (b)   any manager discharged or dismissed;

      (c)   any employee upon whom a penalty has been imposed by the Secretary;

      (d)   any employee, other than a manager, discharged or dismissed by a manager.

   (5) Any appeal under this regulation shall be notified by the appellant to the person or body hearing the appeal within 21 days after the notification of the decision appealed against.

[Am by No. 34 of 1961 and No. 314 of 1966.]

PART IV
ADMINISTRATION

22.   Quarters

Quarters, where available, shall be provided free of charge to employees, other than part-time employees. Where no quarters are available, employees shall be given in lieu thereof an allowance to be paid by the Secretary out of moneys appropriated by Parliament for the purpose and the rate of allowance for different grades and different localities shall be fixed by the Secretary.

[Am by No. 34 of 1961 and No. 314 of 1966.]

23.   Records of service

   (1) A record of service shall be kept for every employee and shall contain his signature, name, tribe, chief and village, date of employment, rate of salary and medical history. The details of his service, promotion, leave of absence, sick leave, character and any other relevant information shall also be recorded therein from time to time and certified by the manager or, in the case of a manager of a school who is a member of the Service, by the proprietor of such school.

   (2) An annual confidential report on a manager of a school shall be submitted to the Secretary by the proprietor of such school at the time that the increment certificate is forwarded to the secretary of the Regional Committee and such report shall be filed with the manager's record of service.

   (3) An annual confidential report on each class I and class II employee, other than a manager, shall be submitted to the Regional Committee at the time that the increment certificate is forwarded by the manager and such reports shall be filed with the employee's record of service.

   (4) Reports of class III employees shall be submitted to the Regional Committee as it may direct.

   (5) The Secretary may at any time and for any purpose call for the record of service of any employee and for any report that he may require.

   (6) An employee shall not have access to his own record.

[Am by No. 34 of 1961 and No. 314 of 1966.]

24.   Liability to serve in any part of Zambia

   (1) An employee shall be liable to serve in any part of Zambia and for any proprietor.

   (2) Notwithstanding the provisions of this regulation–

      (a)   no manager shall be required to employ an employee who is unacceptable to him; and

      (b)   no employee shall be required to work for a manager if unwilling to do so;

for conscientious or other reasons considered adequate by the Secretary.

[Am by No. 34 of 1961 and No. 314 of 1966.]

PART V
LEAVE AND TRANSPORT

25.   Leave

   (1) A manager may grant to an employee, other than a manager who is a member of the Service, and other than a part-time employee, 30 days' leave during the school holidays in each school year and any leave not taken in one year may, subject to the approval of the manager, be carried forward to the next school year up to a maximum of 60 days in any one school year:

Provided that the Regional Committee may in its discretion allow an employee to be granted leave outside the school holidays.

   (2) An employee may be granted special leave or an extension of leave for the purpose of attending any course of instruction which the Secretary may think desirable for such period and on such terms as to the payment of salary as the Secretary may approve.

   (3) Sundays and public holidays falling during leave periods shall be reckoned as leave.

   (4) An employee who is granted leave shall, in addition to such leave, be allowed by the manager as journey leave a reasonable time, not exceeding 10 days in any one year, to travel between his place of employment and his home or other destination approved by the manager and return.

   (5) Application for leave shall be submitted to the manager in such form as the Secretary may from time to time require.

   (6) The provisions of sub-regulations (1) to (5) shall apply to a manager who is a member of the Service:

Provided that the said provisions will in their application to a manager be administered by his proprietor and the discretion invested in the Regional Committee in the proviso to sub-regulation (1) shall be vested in and shall be exercised by the Secretary.

[Am by No. 34 of 1961 and No. 314 of 1966.]

26.   Sick leave

   (1) Sick leave on full salary up to a maximum of 18 days in any one period of 12 months may be granted by a manager on the recommendation of a medical practitioner, or, if it is impracticable to obtain such recommendation, on the manager being satisfied that the employee concerned is unfit for duty through sickness not caused by his own default.

   (2) If the sickness is caused by the employee's own default, sick leave may be without salary or on such reduced salary as may be decided by the manager in the light of the medical report.

   (3) If at the end of 18 days' sick leave an employee is certified by a medical practitioner to be still unfit to resume duty, an extension of sick leave on half-salary up to a maximum of a further 36 days may be granted. Any extension of sick leave beyond the total of 54 days shall be without salary:

Provided that in the discretion of the Regional Committee the employee may instead of sick leave without salary take whatever vacation leave is due to him.

   (4) If a medical practitioner recommends, or the manager is of the opinion, that sick leave should be spent away from the place of employment, the employee may be granted journey leave and the transport privileges set forth in regulation 28 (1) (a). This sub-regulation shall also apply to vacation leave of less than 54 days taken in accordance with sub-regulation (3).

   (5) If an employee exceeds in any one year of service an aggregate of 30 days' absence from duty on account of sickness, a report shall be obtained by the manager from a medical practitioner as to the employee's physical fitness for further service.

   (6) The periods of sick leave specified in this regulation include Sundays and public holidays.

   (7) The provisions of sub-regulations (1) to (6) shall apply to a manager who is a member of the Service:

Provided that the said provisions will in their application to a manager be administered by this proprietor and the discretion invested in the Regional Committee in sub-regulation (3) shall be vested in and shall be exercised by the Secretary.

[Am by No. 34 of 1961 and No. 314 of 1966]

27.   Leave on urgent private affairs

   (1) An employee, other than a manager who is a member of the Service, may in special circumstances be granted leave on urgent private affairs and such leave shall be without salary:

Provided that in the discretion of the manager the employee may, instead of such leave, take whatever vacation leave is due to him.

   (2) A manager who is a member of the Service may in special circumstances be granted leave on urgent private affairs and such leave shall be without salary:

Provided that in the discretion of his proprietor he may, instead of such leave, take whatever vacation leave is due to him.

28.   Transport privileges

   (1) An employee shall be eligible for free transport for himself and his wife and for his children up to four in number under the age of 16 years as follows–

      (a)   travelling on first appointment, termination of appointment otherwise than by dismissal and transfer-

FARES

Transport

Class

Rail

Third class

Motor or river

Second class

BAGGAGE

Single employee

300 lb. or 6 carriers

Married employee

450 lb. or 9 carriers

      (b)   travelling on leave but not more than once in every period of three years–

Fares: as in paragraph (a);

Baggage: all employees – 200 lb. or 4 carriers:

Provided that this paragraph shall only apply to journeys to the employee's home or to such other destination as the Secretary may in any particular case approve;

      (c)   an employee eligible for the privileges set forth in paragraph (a) or (b) shall also be eligible for an additional 25 lb. if travelling by rail or road for each child under the apparent age of 16 years, or if travelling on foot, to one extra carrier for every two such children;

      (d)   an employee eligible for privileges under paragraph (a) or (b) shall be eligible to such allowance as may be approved by the Regional Committee if he travels by bicycle;

and the weight of baggage indicated in this sub-regulation shall be additional to such weight of baggage as may be allowed free to passengers by the transport contractors.

   (2) An employee eligible for free transport shall be bound to travel by the most economical route available having regard to the cost of free fares and baggage allowance and the cost of his salary while travelling:

Provided that–

      (i)   in the case of an employee, other than a manager who is a member of the Service, the Regional Committee may, in the public interest, authorise travel by another route;

      (ii)   in the case of a manager who is a member of the Service, his proprietor may authorise travel by another route.

[Am by No. 34 of 1961 and No. 314 of 1966.]

PART VI
PENSIONS AND GRATUITIES

29.   Service to be unbroken

   (1) Except as otherwise provided in these Regulations, only continuous service shall be taken into account as qualifying service or as pensionable service:

Provided that any interruption in service caused by temporary suspension of employment not arising from misconduct or voluntary resignation shall be disregarded for the purposes of this sub-regulation.

   (2) No period during which an employee shall have been absent from duty on leave without salary shall be taken into account as pensionable service unless such leave shall have been granted on grounds of public policy.

   (3) Service while under the age of 20 years shall not be taken into account as qualifying service or pensionable service.

[Am by No. 34 of 1961.]

30.   Pensions and gratuities: application

   (1) Pensionable status shall attach to class I and class II employees.

   (2) Class III employees, other than part-time employees, shall be eligible to receive a gratuity in accordance with these Regulations.

   (3) Nothing in these Regulations shall give, or be construed to give, any employee an absolute right to compensation for past service or to any pension or gratuity under these Regulations.

   (4) Where it is established to the satisfaction of the President that an employee has been guilty of negligence, irregularity or misconduct, the pension or gratuity may be reduced or altogether withheld.

[Am by No. 34 of 1961.]

31.   Qualification for pension or gratuity

   (1) A class I or class II employee who has been confirmed shall qualify for a pension after 10 years' service.

   (2) A class III employee, other than a part-time employee, shall qualify for a gratuity after 10 years' service.

   (3) An employee may retire without sacrificing his claim to a pension or gratuity at the age of 55 or after 30 years' service whichever is the earlier.

   (4) For the purpose of this regulation, "service" shall include–

      (a)   service as a class I or class II employee after confirmation;

      (b)   probationer service if the Secretary so approves upon the confirmation of the employee;

      (c)   service in the African Civil Service, or as an aided employee in a local education authority school or an assisted school, prior to the introduction of these Regulations.

[Am by No. 34 of 1961.]

32.   Gratuity and reduced pensions

   (1) An employee to whom a pension is granted under these Regulations may, at his option which he may exercise, and, if he has already exercised his option, may revoke, not later than the day immediately preceding the date of his retirement, be paid a reduced pension at the rate of three-fourths or any greater fraction of the basic annual pension for which he is eligible, together with a gratuity equal to ten times the amount of the reduction so made in the basic pension.

   (2) Subject to the provisions of sub-regulation (1), if an employee has exercised his option his decision shall be irrevocable so far as it may concern any pension to be paid to him under these Regulations.

   (3) If an employee who has not exercised his option under this regulation dies after he has finally retired, but before a pension has been awarded under these Regulations, it shall be lawful for the Minister to grant a gratuity and reduced pension as provided in sub-regulation (1) as if the employee before his death had exercised the option to be paid a reduced pension at the rate of three-fourths of the basic annual pension for which he would have been eligible, together with a gratuity equal to ten times the amount of the reduction so made in the basic pension.

[Am by No. 34 of 1961 and No. 292 of 1964.]

33.   Basic pension

   (1) Basic annual pension shall be calculated at the rate of one six-hundredth of the annual salary of the employee at the date of retirement in respect of each completed month of pensionable service:

Provided that where the pensionable service of an employee commenced prior to the 1st January 1946, the basic annual pension which may be awarded in respect of such service prior to the 1st January, 1946, shall be calculated at the rate of one twelve-hundredth of the annual salary at the date of retirement in respect of each completed month of such service and the pension of such employee shall be computed in two parts according to whether the one twelve-hundredth or the one six-hundredth rate applies.

   (2) Where for the purposes of sub-regulation (1) an employee's pension is computed in two parts and in each part there occurs a period of service not amounting to a complete month, if the two such periods amount in the aggregate to not less than 30 days, one month's service shall be added to the part in which the greater period of service occurs, and where the periods of service are equal, to the part to which the one six hundredth rate applies.

   (3) A pension granted to an employee under these Regulations shall not exceed two-thirds of the annual salary at the date of retirement.

   (4) For the purposes of these Regulations, "pensionable service" means service in the Service or in the African Civil Service prior to the introduction of these Regulations.

[Am by No. 34 of 1961.]

34.   Gratuities

   (1) Save as in these Regulations provided, an employee to whom a gratuity is granted shall, unless the President, with the concurrence of the Public Service Commission, otherwise directs, be paid a gratuity calculated at the rate of one-twelfth of the retiring monthly salary in respect of each completed month of service:

Provided that where the service which is permitted to count towards gratuity commenced prior to the 1st January, 1946, the gratuity which may be awarded in respect of such service prior to the 1st January, 1946, shall be calculated at the rate of one twenty-fourth of the retiring monthly salary in respect of each completed month of such service, and such gratuity shall be computed in two parts according to whether the one twenty-fourth or the one-twelfth gratuity rate applies.

   (2) Where for the purposes of sub-regulation (1) a gratuity is computed in two parts and in each part there occurs a period of service not amounting to a complete month, if the two such periods amount in the aggregate to not less than 30 days, one month' service shall be added to the part in which the greater period of service occurs, and where the periods of service are equal, to the part to which the one-twelfth gratuity rate applies.

[Am by No. 34 of 1961 and No. 123 of 1965.]

35.   Special pensions or gratuities

   (1) An employee who, being qualified for pension but not eligible to retire in terms of regulation 31, is retired under regulation 9 (3) or under sub-regulation (4) may be granted a pension calculated in accordance with regulation 33.

   (2) A pensionable employee who has completed less than 10 years' qualifying service and is retired under regulation 9 (3) or under sub-regulation (4) may be granted a gratuity calculated at the rate of one-twelfth of the retiring monthly salary in respect of each completed month of pensionable service.

   (3) A class III employee (other than a part-time employee) who has completed less than 10 years' qualifying service and is retired under regulation 9 (3) or under sub-regulation (4) may be awarded a gratuity in accordance with regulation 34.

   (4) An employee who has been elected to the National Assembly after having been given permission to stand as a candidate for such election shall be required to retire as from the date of such election.

   (5) When an employee is removed from his office on the ground of his inability to discharge efficiently the duties thereof or on grounds of ill health occasioned by his own default and a pension or gratuity cannot otherwise be granted to him under these Regulations, the President shall, if, having regard to all the circumstances of the case, he considers it justifiable, grant such pension or gratuity as he may consider just and proper, unless the Public Service Commission concurs in the refusal of the President to grant such pension or gratuity, but in no case exceeding the pensioner gratuity for which the employee would be eligible were he retired under regulation 9 (3).

   (6) Where an employee has been permanently injured in the actual discharge of his duty, without his own default, and by some injury specifically attributable to his duty, and his retirement is thereby necessitated or materially accelerated, the President shall grant such increased pension or gratuity or compassionate allowance if no pension or gratuity is payable under these Regulations, as he may think fit, unless the Public Service Commission concurs in the refusal of the President to grant such increased pension or gratuity or compassionate allowance, as the case may be.

   (7) Where an employee who has completed four years' or more service in the Service dies whilst still an employee, the President shall grant to his relatives or dependents a gratuity calculated in accordance with regulation 34, unless the Public Service Commission concurs in the refusal of the President to grant such gratuity.

   (8) If an employee dies at any time from injury contracted in the circumstances described in sub-regulation (6), a gratuity shall be granted to his relatives or dependents, unless the Public Service Commission concurs in the refusal of the President to grant such gratuity, and the amount of such gratuity shall not be less than one year's salary.

   (9) The decision of the President as to the apportionment of any gratuity granted under sub-regulations (7) and (8) among the relatives or dependents of the deceased shall be final.

[Am by No. 272 of 1959, No. 34 of 1961, No. 292 of 1964, No. 123 of 1965 and No. 314 of 1966.]

36.   Pension to cease on conviction

If any employee to whom a pension has been granted under these Regulations is convicted before any competent court and sentenced to a term of imprisonment without the option of a fine, then in every such case the President may, with the concurrence of the Public Service Commission, direct that the pension shall cease forthwith:

Provided that–

      (i)   the pension shall be restored with retrospective effect in the case of a person who after conviction as above described has been acquitted on appeal or at any time received a free pardon;

      (ii)   where a pension ceases as aforesaid, the President shall cause all or any part of the moneys to which the pensioner would have been entitled by way of pension to be paid to or applied for the benefit of any wife, child or children of the pensioner, and, after the expiration of his sentence, also for the benefit of the pensioner himself, unless the Public Service Commission concurs in the refusal of the President to pay or apply such pension to the benefit of such wife or children, or the pensioner himself, as the case may be;

      (iii)   in determining whether arrears of such pension or allowance are payable to such a person and in computing the amount thereof, account shall be taken of all moneys paid or applied under proviso (ii).

[Am by No. 34 of 1961 and No. 123 of 1965.]

37.   Further employment of pensioners

   (1) An employee under the age of 55 years who has been granted a pension under these Regulations may, if physically fit for service, be called upon to accept until he reaches such age any office in the Service not less in value than the office which he had at the date of the grant of his pension, at the discretion of the Secretary.

   (2) If a pensioner called upon under sub-regulation (1) declines to accept the office for which he may have been selected, the payment of his pension may be suspended until he has reached the age of 55 years.

[Am by No. 34 of 1961.]

38.   Payment of pension

If an employee to whom a pension has been granted under these Regulations is reappointed to the Service, the payment of his pension may with his consent, if the President, with the concurrence of the Public Service Commission, thinks fit, be suspended during the period of his re-employment.

[Am by No. 34 of 1961 and No. 123 of 1965.]

39.   Form of application

Every application for pension or gratuity shall be submitted to the Public Service Commission in such form as it may from time to time require.

[Am by No. 123 of 1965.]

40.   Liability of employees to amendments

Any amendment of these Regulations duly made in accordance with the provisions of the Act shall be binding on all persons subject to these Regulations.

SCHEDULE

[Regulation2]

CLASSES I, II AND III EMPLOYEES

PART I – CLASS I

Manager.

Master. Mistress.

Technical master.

Technical mistress.

Technical instructor.

African teacher with qualifications not less than T.4 certificate.

Instructor with qualifications not less than Standard IV plus three years' training.

Clerk.

Laboratory assistant.

Part-time teacher applicable to this class.

PART II – CLASS II

African teacher with qualifications lower than T.4 certificate.

Part-time teacher applicable to this class.

PART III – CLASS III

Untrained teacher.

Part-time teacher applicable to this class.

Handicraft instructor with qualifications as may be prescribed by the

Secretary.

TEACHING SERVICE REGULATIONS

[Section 5]

[RETAINED AS PER S.15 OF INTERPRETATION AND GENERAL PROVISIONS ACT]

Arrangement of Regulations

PART I
PRELIMINARY

   Regulation

   1.   Title

   2.   Interpretation

PART II
THE SERVICE

   3.   Composition of the Service

   4.   Application of Regulations

   5.   Appointment

   6.   Probation

   7.   Confirmation

   8.   Increments

   9.   Promotion

   10.   Termination of appointment

PART III
REGIONAL COMMITTEES AND THE TEACHING SERVICE COMMISSION

   11.   Composition of Regional Committees

   12.   Functions of Regional Committees

   13.   Delegation of functions

   14.   Composition of the Teaching Service Commission

   15.   Functions of the Teaching Service Commission

   16.   Powers and procedure

PART IV
CONDUCT AND DISCIPLINE

   17.   Acts of misconduct

   18.   Penalties

   19.   Absence from duty

   20.   Suspension from duty

   21.   Who may award penalties

   22.   Procedure by the employer

   23.   Procedure by the Regional Committee

   24.   Procedure for discharge or dismissal or reduction in rank

   25.   Appointment of committee of inquiry

   26.   Functions of committee of inquiry

   27.   Procedure following report of committee of inquiry

   28.   Proceedings for retirement in the interests of the Service

   29.   Proceedings against an employee who has been convicted on a criminal charge

   30.   Procedure on dismissal

   31.   Procedure on discharge

   32.   Re-employment of discharged or dismissed employee

   33.   Complaints

   34.   Appeals

PART V
ADMINISTRATION

   35.   Rent

   36.   Records of service

   37.   Postings

PART VI
LEAVE

   38.   Leave

   39.   Leave on urgent private affairs

   40.   Sick leave

   41.   Special leave

   42.   Study leave

PART VII
TRANSPORT AND ALLOWANCES

   43.   Class of travel

   44.   Baggage allowance

   45.   Travelling on first appointment, transfer or retirement

   46.   Travelling on leave

   47.   Upset allowance

   48.   Travelling and subsistence allowances

   49.   Special responsibility allowance

   50.   Acting allowances

   51.   Transfer allowance

   52.   Housing allowance

      FIRST SCHEDULE

      SECOND SCHEDULE

GN 319 of 1962,

GN 292 of 1964,

GN 497 of 1964,

SI 123 of 1965,

SI 418 of 1965,

SI 315 of 1966,

SI 35 of 1970.

[Regulations by the Minister]

PART I
PRELIMINARY

1.   Title

These Regulations may be cited as the Teaching Service Regulations.

[Am by No. 123 of 1965.]

2.   Interpretation

In these Regulations, unless the context otherwise requires–

"agreement" means an agreement entered into in writing by a temporary employee on such conditions as shall be included in such agreement;

"confirm" means to confirm an employee in a permanent and pensionable appointment in the Service and "confirmed" and "confirmation" shall be construed accordingly;

"contract" means an agreement in writing for a specified period of service on such conditions of service as shall be included in the terms of the agreement;

"discharge" means termination, by due notice, of the appointment of an employee;

"dismissal" means the termination, without due notice, of the appointment of an employee;

"Division I employee" means an employee mentioned in Part I of the First Schedule;

"Division II employee" means an employee mentioned in Part II of the First Schedule;

"Division III employee" means an employee mentioned in Part III of the First Schedule;

"due notice" means–

      (a)   in the case of a confirmed employee in Division I, II or III, three months' notice;

      (b)   in the case of an unconfirmed employee in Division I, II or III, one month's notice;

      (c)   in the case of an employee on contract, notice in accordance with the terms of his contract;

      (d)   in the case of a temporary employee, notice in accordance with the terms of his agreement;

and in the case of an employee not on the teaching staff of a school, shall not, unless the Secretary so directs or the terms of his contract or agreement so provide, include any period of leave;

"employee" means a member of the Service;

"employer" means–

      (a)   in the case of an employee who is on the staff of a school, the manager:

Provided that in the case of an employee who is in charge of a school and who is also the manager of that school, the employer means the proprietor;

      (b)   in the case of an employee who is not on the staff of a school, the proprietor;

"manager" means the person acting or appointed as the manager of a school;

"probationer" means an employee who has not been confirmed and who is not serving on contract or as a temporary employee;

"Regional Committee" means a Regional Teaching Service Committee established under the provisions of subsection (8) of section 4 of the Act;

"the Service" means the Teaching Service established under the provisions of subsection (1) of section 4 of the Act;

"service", for the purpose of computation of leave, shall not include any other period of leave;

"Southern Africa" means the Republic of South Africa, Mozambique, Angola, the former High Commission Territories, the former Federation of Rhodesia and Nyasaland, Southern Rhodesia, Malawi, the Republic of Zambia and the Congo Republic;

"Teaching Service Commission" means the Teaching Service Commission established under the provisions of subsection (7) of section 4 of the Act;

"temporary employee" means an employee serving on agreement.

[Am by No. 123 of 1965 and No. 315 of 1966.]

PART II
THE SERVICE

3.   Composition of the Service

   (1) The Service shall consist of Divisions I, II and III employees.

   (2) The salary scales applicable to employees shall be as laid down in the Second Schedule. The Secretary may from time to time specify the qualifications necessary for appointment and promotion to and the entry points in the respective scales and Divisions.

[Am by No. 123 of 1965.]

4.   Application of Regulations

These Regulations shall apply to all employees:

Provided that employers when engaging such employees may, with the prior approval of the Secretary, impose special conditions which, in the opinion of the Secretary, are not incompatible with these Regulations and which are applicable only to such employees while in their employ.

5.   Appointment

   (1) No person shall be appointed to Division I or II of the Service unless the Secretary, after considering the advice of the Teaching Service Commission, approves the appointment of such person.

   (2) No person shall be appointed to Division III of the Service unless the Secretary approves the appointment of such person.

6.   Probation

   (1) An employee appointed to the Service, other than on contract or as a temporary employee, shall normally serve as a probationer for a period of–

      (a)   not less than two years in the case of a Division I employee;

      (b)   not less than three years in the case of a Division II employee;

      (c)   not less than four years in the case of a Division III employee:

Provided that the Secretary, after considering the advice of the Teaching Service Commission, may in any particular case reduce or extend the period of probation.

   (2) Notwithstanding the provisions of sub-regulation (1), an employee appointed to the Service on transfer from the Unified African Teaching Service, or the Police Force or Civil Service of the former Protectorate of Northern Rhodesia, may be appointed to the Service as a confirmed employee if the Secretary so approves under the provisions of regulation 5.

7.   Confirmation

   (1) The Secretary, after considering the advice of the Teaching Service Commission, may confirm a probationer in his appointment upon the completion of his probationary period, and for this purpose the Secretary shall require recommendations from the employer and from the Regional Committee concerned in such form as the Secretary shall prescribe.

   (2) It shall be the duty of Regional Committees and of employers to ensure that consideration is given to the confirmation of probationers at the appropriate time.

   (3) If, at any time during his probationary period, it appears to the employer that a probationer is unlikely to merit confirmation, the employer shall warn the employee in writing to that effect and such warning shall state the reasons why the probationer is unlikely to merit confirmation.

   (4) It shall be lawful for the Secretary, after considering the advice of the Teaching Service Commission, to terminate an employee's probationary appointment, without assigning any reasons therefor, at any time during the probationary period.

   (5) No probationer shall be confirmed until medically examined and passed medically fit.

   (6) If a probationer is found to be medically unfit he shall be discharged:

Provided that if, in the opinion of a medical practitioner, such probationer is likely to become medically fit for confirmation after medical treatment, the probationary period may be extended so as to allow medical treatment to be undertaken.

[Am by No. 315 of 1966.]

8.   Increments

   (1) The normal increments in the salary of an employee in Division I or II may be granted by the employer only after the Secretary is satisfied, on the recommendation of the Regional Committee, that such employee has performed his duties with diligence, efficiency and fidelity.

   (2) The normal increments in the salary of an employee in Division III may be granted by the employer only after the Regional Committee is satisfied that such employee has performed his duties with diligence, efficiency and fidelity.

   (3) Increments in salary are not granted as a matter of right.

   (4) Annual confidential reports and increment certificates, in such form as the Secretary may require, shall be submitted to the Regional Committee by the employer–

      (a)   in the case of an employee in Division I or II, not later than two months before the first day of the month in which the increment will fall due for payment;

      (b)   in the case of an employee in Division III, not later than one month before the first day of the month in which the increment will fall due for payment.

[Am by No. 315 of 1966.]

9.   Promotion

   (1) The Secretary, after considering the advice of the Teaching Service Commission, may make promotions and for these purposes the Secretary shall require to be satisfied by a certificate from the employer and by the recommendation of the Regional Committee concerned that an employee is in possession of the necessary qualifications and is in ability and character suitable for promotion.

   (2) The Secretary may require any candidate for promotion to undergo such examination or test as he may consider necessary to prove that the candidate is properly qualified.

   (3) The Secretary may prescribe such general examinations or tests for promotion bars as he may deem fit.

   (4) Notwithstanding any other provision of these Regulations, the Secretary, after considering the advice of the Teaching Service Commission, may in special cases approve the grant of accelerated promotion or the payment of a special salary to an employee.

[Am by No. 315 of 1966.]

10.   Termination of appointment

   (1) Subject to the provisions of sub-regulation (2), no employee shall retire, resign or be discharged without due notice being given by or to him, as the case may be:

Provided that the Secretary may in any particular case waive the giving of due notice by an employee.

   (2) An employee will be required to retire on attaining the pensionable age of, in the case of a male, 60 years and in the case of a female, 55 years.

   (3) The Secretary, after considering the advice of the Teaching Service Commission, may approve a male employee's application for permission to retire at any time after such employee attains the age of 55 years and a female employee's application for permission to retire at any time after such employee attains the age of 50 years.

   (4) It shall be lawful for the Secretary, after considering the advice of the Teaching Service Commission, to require an employee to retire–

      (a)   on the recommendation of a Regional Committee at any time after such employee has attained the age of 55 years, if male, or 50 years, if female; or

      (b)   on the recommendation of a medical board that the employee is suffering from an infirmity of mind or body which is likely to be permanent; or

      (c)   because the abolition of the post of the employee or the reorganisation of the Service makes such retirement desirable in the interests of economy or efficiency; or

      (d)   in the case of a female, on marriage; or

      (e)   in the interests of the Service; or

      (f)   on the employee's election, having been given permission by the Secretary to stand for election, to the National Assembly.

   (5) An employee who resigns before completing service of a minimum period of two years shall be liable to refund all or such part as the Secretary shall direct of the cost of transport and baggage allowance provided on first appointment under the provisions of regulation 45.

   (6) An employee, on termination of his appointment otherwise than by dismissal, shall be entitled to a Certificate of Service.

   (7) For the purpose of this regulation, "service" shall include all periods of continuous service in the Service, in the Unified African Teaching Service, or in the Police Force or Civil Service of the former Protectorate of Northern Rhodesia, prior to the introduction of these Regulations.

   (8) Notwithstanding the provisions of sub-regulations (2), (3) and (4), an employee to whom the provisions of Part VI or VII of the Teaching Service (Pensions) Regulations apply may retire and may be required to retire in accordance with the provisions of Part VI or VII, as the case may be, of the said Regulations.

[Am by No. 292 of 1964; No. 123 of 1965 and No. 315 of 1966.]

PART III
REGIONAL COMMITTEES AND THE TEACHING SERVICE COMMISSION

11.   Composition of Regional Committees

   (1) The composition of a Regional Committee shall be as follows:

The Chief Education Officer (chairman);

Not less than two and not more than four persons appointed by the Minister and who shall not be employees.

   (2) The quorum of a Regional Committee shall consist of the chairman and two members.

   (3) Members of a Regional Committee, other than the chairman, shall be appointed in writing for a period of not more than three years, but a member shall be eligible for reappointment at the end of his period of office:

Provided that such appointments may be revoked at any time by the Minister.

   (4) Each member of a Regional Committee shall have one vote at any meeting but the chairman shall, in addition to his deliberative vote as a member of the committee, have a casting vote.

   (5) The Regional Committee shall have the right to consult with other persons and to require any employee to appear before the Regional Committee for any purpose which it may deem necessary.

[Am by No. 418 of 1965 and No. 315 of 1966.]

This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.