Uganda Act or statute

Parliament of Uganda

Education Service Act

Jurisdiction: Uganda
Structure: 33 provisions
Citation: Chapter 85
Dates: As at 5 Apr 2002

More statute details

Dates: As at 5 Apr 2002

Source attribution: Source: Uganda Legal Information Institute

On this page

Professional statute overview

Enactment structure, operative effect and source provenance

Official source

Purpose and legislative effect

“The Act's short title is the Education Service Act, 2002.”

The Act's short title is the Education Service Act, 2002. This section provides definitions for terms used in the Act. Lists the categories of public officers that constitute the Education Service: qualified/registered teachers, those eligible and licensed to teach, and other staff appointed by the Commission for education delivery. The Commission must appoint any other officers and employees necessary; those officers and employees are public officers; and all officers of the Commission must take and subscribe the oath in Part II of the Second Schedule. Sets meeting chairing rules, quorum, voting and decision-making procedures for the Education Service Commission, permits invitation of advisers without voting rights, allows decisions by circulation (with exceptions), and gives members a right to require deferral.

How the instrument operates

01
Start with the recorded version

As at 5 Apr 2002. The date shown identifies this source expression and should not be treated as proof that no later change exists.
02
Locate the controlling provision

Use the provision map, part headings and full-text filter to move from the broad subject to the exact legal language.
03
Read conditions and exceptions together

Keep subsections, definitions, provisos and cross-references in context before drawing a legal conclusion.
04
Verify currency and official wording

Confirm later legislation, commencement notices and corrections with the official publisher before advice, filing or reliance.

Research entry points

Selected provisions across the instrument. Open any row to continue with the exact stored text.

Preliminary - Short title

The Act's short title is the Education Service Act, 2002.

Section 1

The Education Service Commission - Composition and appointment of members of the Commission

The Chairperson and Deputy Chairpersons must have specified qualifications; members are appointed by the President with Parliament's approval; persons are not qualified unless they meet listed criteria.

Section 4

General provisions relating to functions of the Commission - Enforcement of attendance to give evidence

The Commission may require people to attend and give evidence, require production of relevant documents, and may cause witnesses to be examined on oath or affirmation.

Section 17

General provisions relating to functions of the Commission - District Service Commissions

A District Service Commission must submit to the Commission a report on how it performed its functions in relation to the Education Service after every four months and whenever the Education Service Commission requires a report.

Section 25

Miscellaneous - Repeals, savings and transitional provisions

Section 33

Source and current-law status

Source record view

Source record from ulii.org · As at 5 Apr 2002

Verify current force

The source record does not state a definitive current-law status. Check the official publisher and later amendments before relying on this text.

For advice, pleadings, or compliance decisions, retain the official source and confirm the current consolidated provision.

Official record

Source-indexed provision map

Sections and provisions

Search by section, heading, part or exact legal wording. Every result remains linked to the stored source record.

Search within this statute

Search all stored provisions in this version.

Showing 33 of 33 provisions

Provision 23Offence 5Amendment 2Short title

Part I

Preliminary

§ 1Preliminary - Short titleShort title

The Act's short title is the Education Service Act, 2002.

Section Short title Section This Act may be cited as the Education Service Act, 2002.

Section 1Verify source

§ 2Preliminary - InterpretationInterpretation

This section provides definitions for terms used in the Act.

Section Interpretation Section In this Act, unless the context otherwise requires— “ Chairperson ” means the Chairperson of the Commission ; “ Commission ” means the Education Service Commission established by article 167 of the Constitution; “ Currency point ” means the value specified in the First Schedule to this Act in relation to a currency point; “ Deputy Chairperson ” means a Deputy Chairperson of the Commission ; “ Education Service ” means the Education Service referred to in article 168 of the Constitution; “ licensed teacher ” means a person who is not professionally trained as a teacher but is issued with a licence to teach by the appropriate authority and has been entered on the roll of licensed teachers; “ Minister ” means the Minister responsible for education; “ public office ” and “public officer” have respectively the meanings assigned to them by article 175 of the Constitution; “ register ” means the register of teachers maintained under the Education Act, 1970; “ school ” means any educational institution private or public at pre-primary, primary, secondary and tertiary levels which has been licensed and registered by the Ministry responsible for education; “ Secretary ” means the Secretary to the Commission appointed under section 9 of this Act; “ teacher ” means a person who has successfully completed a course of training approved by the Ministry responsible for education and has been entered on the Register of teachers.

Section 2Verify source

§ 3Preliminary - Categories of public officers who constitute the Education ServiceProvision

Lists the categories of public officers that constitute the Education Service: qualified/registered teachers, those eligible and licensed to teach, and other staff appointed by the Commission for education delivery.

Section Categories of public officers who constitute the Education Service Section For the purposes of clause (5) of article 168 of the Constitution, the public officers who constitute the Education Service are the following— persons who have successfully completed an approved course of teacher education leading to an award of a recognised certificate in teaching and whose names have been entered in the register of teachers in accordance with the Education Act, 1970; persons who meet the requirements for issue of a statement of eligibility and a licence to teach in accordance with the Education Act, 1970; such other professional, administrative and support staff as may be appointed by the Commission for the efficient administration, management and delivery of education services in Uganda.

Section 3Verify source

Part II

The Education Service Commission

§ 10The Education Service Commission - Other staff of the CommissionProvision

The Commission must appoint any other officers and employees necessary; those officers and employees are public officers; and all officers of the Commission must take and subscribe the oath in Part II of the Second Schedule.

Section Other staff of the Commission Section The Commission shall also have such other officers and employees as may be necessary for the discharge of its functions. The officers and employees referred to in subsection (I) shall be public officers. In addition to the Secretary as required by subsection (3) of section 9 , all officers of the Commission, shall take and subscribe the oath specified in Part II of the Second Schedule to this Act.

Section 10Verify source

§ 11The Education Service Commission - Meetings and decisions of the CommissionProvision

Sets meeting chairing rules, quorum, voting and decision-making procedures for the Education Service Commission, permits invitation of advisers without voting rights, allows decisions by circulation (with exceptions), and gives members a right to require deferral.

Section Meetings and decisions of the Commission Section The Chairperson of the Commission shall preside at all meetings of the Commission and in his or her absence, either of the Deputy chairpersons shall preside, and in the absence of all of them, a member designated by the President to act as Chairperson under clause (8) of article 167 of the Constitution shall preside. In accordance with article 251 of the Constitution, a decision of the Commission requires the concurrence of the majority of all its members. The quorum of the Commission at any meeting shall be four. The Commission may, subject to the provisions of the Constitution, act notwithstanding the absence of any member or any vacancy in the office of a member. The Commission may invite any person to any of its meetings for advice and such person may deliberate on any matter before the Commission but shall have no right to vote on any matter. Except in the case of matters relating to appointment, discipline and reviewing and making recommendations on the terms and conditions of service of persons in the Education Service , decisions may be made by the Commission without a meeting by circulation of the relevant papers among members of the Commission and the expression of their views in writing. Any member is entitled to require that a decision under subsection (5) be deferred until the subject matter has been considered at a meeting of the Commission . Except as otherwise expressly provided in this section, the Commission may prescribe its own procedure.

Section 11Verify source

§ 12The Education Service Commission - Immunity of members and staff of the CommissionProvision

Members, employees and other persons performing Commission functions are not personally liable to civil or criminal proceedings for acts done in good faith in performing those functions.

Section Immunity of members and staff of the Commission Section A member of the Commission or any employee or other persons performing any function of the Commission under the direction of the Commission , shall not be personally liable to any civil or criminal proceedings for any act done in good faith in the performance of those functions.

Section 12Verify source

§ 13The Education Service Commission - Funds and expenses of the CommissionProvision

Parliament must set the emoluments of Commission members and other administrative expenses, which are charged to the Consolidated Fund; the Commission may receive grants with the Minister of Finance's approval; the Secretary must administer and control funds and serve as accounting officer under the Public Finance Act.

Section Funds and expenses of the Commission Section The emoluments of the members of the Commission and other administrative expenses shall be prescribed by Parliament and shall be charged on the Consolidated Fund. The Commission may, with the approval of the Minister responsible for Finance, receive grants from the Government or any other source for the discharge of any of its functions. All funds provided to the Commission under this section shall be administered and controlled by the Secretary who shall be the accounting officer in accordance with the Public Finance Act.

Section 13Verify source

§ 14The Education Service Commission - Seal of the CommissionProvision

The Commission must have a seal; the Commission may determine its form and the circumstances in which it is applied, subject to any law.

Section Seal of the Commission Section The Commission shall have a seal which shall be in such form as the Commission may determine and, subject to the provisions of any law, be applied in such circumstances as the Commission may determine.

Section 14Verify source

§ 4The Education Service Commission - Composition and appointment of members of the CommissionProvision

Section Composition and appointment of members of the Commission Section The Chairperson , and Deputy Chairperson (s) of the Commission shall have the following qualifications— The Chairperson , the Deputy Chairpersons and all other members of the Commission shall be appointed by the President with the approval of Parliament in accordance with article 167 of the Constitution. In appointing members of the Commission under article 167 of the Constitution, gender balance and marginalised groups shall be taken into account. A person is not qualified to be a member of the Commission unless he or she is of high moral character, proven integrity and has substantial experience in the field of education. a post-graduate qualification in education or in a field related to education from a recognized University or equivalent institution; and at least ten years working experience in education management or related field.

Section 4Verify source

§ 5The Education Service Commission - Oath of members of the CommissionProvision

Every member of the Commission must, before assuming duties, take and subscribe to the Oath in Part I of the Second Schedule to this Act.

Section Oath of members of the Commission Section Every member of the Commission shall, before assuming his or her duties as a member of the Commission , take and subscribe to the Oath specified in Part I of the Second Schedule to this Act.

Section 5Verify source

§ 6The Education Service Commission - Members of Commission to relinquish particular officesProvision

Persons holding certain offices must relinquish those offices when appointed as members of the Commission; all members must be full-time commissioners appointed for four years and are eligible for one re-appointment.

Section Members of Commission to relinquish particular offices Section A person holding any of the following offices shall relinquish that office on appointment as a member of the Commission — a member of Parliament; a member of a local government council; a member of the executive of a political party or political organisation; a member of any board or other authority responsible for the management of any school or college; or a public officer. All the members of the Commission shall be full time commissioners appointed for a period of four years and shall be eligible for re-appointment for one more term.

Section 6Verify source

§ 7The Education Service Commission - RemunerationProvision

The Chairperson and other members of the Commission must be paid remuneration and given allowances at rates laid down by the Specified Officers Act, 1999.

Section Remuneration Section The Chairperson and other members of the Commission shall be paid remuneration and given allowances for service rendered at such rates as are from time to time laid down by the Specified Officers Act, 1999.

Section 7Verify source

§ 8The Education Service Commission - Functions of the CommissionProvision

The Commission shall perform a range of functions for the Education Service, including setting standards, advising the Ministry and the President, appointing and disciplining officers, reviewing service conditions, registering and grading teachers, keeping service records, supporting District Service Commissions, hearing delegated grievances, reporting annually to Parliament, and carrying out other prescribed functions.

Section Functions of the Commission Section The Commission shall have the following functions— to research, analyse, develop and formulate national standards for the Education Service in respect of— to tender advice to the Ministry responsible for education in the process of formulating of education policy with respect to— to advise the President in performing his or her functions in relation to the Education Service under article 172 of the Constitution; to appoint persons to hold or act in any office in the Education Service , to confirm such appointments, to exercise disciplinary control over such persons and to remove them from office; to review the terms and conditions of service, standing orders, training and qualifications of public officers in the Education Service and matters connected with their management and welfare and make recommendations on them to Government; to report to Parliament annually on the performance of the functions of the Commission ; training and qualifications of officers in the Education Service ; recruitment and appointment procedures; instruments of appointment; ethics and conduct; disciplinary control; training; management of public officers in the Education Service ; research, analysis, grading and registration of all teachers in Uganda; to establish and maintain a record of all public officers in the Education Service ; to monitor, offer technical advice, support, and training to the District Service Commission in matters relating to the Education Service ; to hear and determine grievances from persons appointed by the District Service Commission under powers delegated by the Commission under clause (3) of article 168 of the Constitution; to perform such other functions as may be prescribed by this or any other law. The annual report required by clause (4) of article 168 of the Constitution to be submitted to Parliament shall be submitted within three months after the financial year or such other date as Parliament may require. The report referred to in subsection (2) shall be addressed to the Speaker of Parliament and signed by the Chairperson and a copy of it shall be sent to the Minister who shall forward it to the President.

Section 8Verify source

§ 9The Education Service Commission - Secretary to the CommissionProvision

The Secretary, subject to the Commission's general control, is responsible for carrying out policy decisions and managing the Commission's affairs and staff, arranging business and keeping minutes, and performing other functions assigned by the Commission.

Section Secretary to the Commission Section The Secretary shall, subject to the general control of the Commission , be responsible for— The Commission shall have a Secretary who shall be a public officer appointed by the President on the advice of the Public Service Commission . The Secretary shall be a person qualified to be appointed to the office of Permanent Secretary . The Secretary shall, before assuming the performance of his or her functions under this Act. take and subscribe the Oath specified in Part II of the Second Schedule to this Act. carrying out the policy decisions and the day to day administration and management of the affairs of the Commission and the control of the other staff of the Commission ; arranging the business for and recording and keeping of the minutes of all decisions and proceedings of the Commission at its meetings; and performing any other functions assigned to him or her by the Commission . The Secretary is, unless in any particular case the Commission otherwise directs in writing, entitled to attend all meetings of the Commission but shall have no vote on any matter falling to be decided by the Commission at any such meeting.

Section 9Verify source

Part III

General provisions relating to functions of the Commission

§ 15General provisions relating to functions of the Commission - Independence of the CommissionProvision

The Commission must be independent and not subject to the direction or control of any person or authority, except it must take into account Government policy relating to education.

Section Independence of the Commission Section In the exercise of its functions, the Commission shall be independent and shall not be subject to the direction or control of any person or authority; except that it shall take into account Government policy relating to education.

Section 15Verify source

§ 16General provisions relating to functions of the Commission - ConsultationProvision

The Commission may consult any other authority before advising the President on appointments to the Education Service when it considers it expedient.

Section Consultation Section Before the Commission advises the President to appoint any person to an office in the Education Service in accordance with article 172 of the Constitution, the Commission may, if it considers it expedient, consult with any other authority, as the case may be.

Section 16Verify source

§ 17General provisions relating to functions of the Commission - Enforcement of attendance to give evidenceProvision

The Commission may require people to attend and give evidence, require production of relevant documents, and may cause witnesses to be examined on oath or affirmation.

Section Enforcement of attendance to give evidence Section The Commission may require any person to attend and give evidence before it concerning any matter which it may properly consider in exercise of its functions under the Constitution and this Act and may require the production of any document relating to any matter by any person attending before it. The Commission may cause a witness to be examined on oath or affirmation which shall be administered by the Secretary or by any other person authorised by the Commission .

Section 17Verify source

§ 18General provisions relating to functions of the Commission - Failure to appear or produce documentsOffence

Persons (except those notified solely regarding applications to the Education Service) must not fail to appear without reasonable cause or wilfully refuse to produce documents when required by the Commission; doing so is an offence with penalties of up to five currency points fine or three months' imprisonment or both.

Section Failure to appear or produce documents Section Any person, other than a person who is notified to appear before the Commission solely in connection with his or her application for appointment to the Education Service , who, without reasonable cause fails to do so, or who wilfully fails to produce any document in his or her possession when required to do so by the Commission under section 17 of this Act, commits an offence and is liable on conviction, to a fine not exceeding five currency points or imprisonment not exceeding three months or both.

Section 18Verify source

§ 19General provisions relating to functions of the Commission - Attendance allowanceProvision

People summoned to appear before the Commission as witnesses are entitled to reimbursement of expenses at the same rate as High Court criminal witnesses; other persons invited to assist may be paid reasonable allowances by the Commission.

Section Attendance allowance Section Any person summoned by and appearing before the Commission as a witness is entitled to be paid by way of reimbursement of his or her expenses, such allowances as are payable to a witness appearing before the High Court as a witness in criminal proceedings. Any other person invited by the Commission to attend any meeting of the Commission to assist the Commission may be paid by the Commission such allowances as the Commission may consider reasonable.

Section 19Verify source

§ 20General provisions relating to functions of the Commission - Immunities of witnessesProvision

A witness before the Commission is entitled to the same immunities and privileges as a witness before the High Court.

Section Immunities of witnesses Section A witness before the Commission shall have the same immunities and privileges as if he or she were a witness before the High Court.

Section 20Verify source

§ 21General provisions relating to functions of the Commission - Improper influence and false informationOffence

It is an offence for any person, outside the course of their duty, to improperly influence Commission decisions or to wilfully give false or materially incomplete information to the Commission; on conviction the offender is liable to a fine not exceeding thirty currency points or imprisonment not exceeding twelve months or both; giving references or supplying requested information or assistance are not unlawful under this section.

Section Improper influence and false information Section Any person who otherwise than in the course of his or her duty, directly or indirectly by himself or herself or by any other person in any manner, influences or attempts to influence any decision of the Commission , commits an offence and is liable on conviction, to a fine not exceeding thirty currency points or imprisonment not exceeding twelve months or both. Nothing in this section shall be taken to make unlawful the giving of a reference or testimonial to any applicant or candidate for any public office or the supplying of any information or assistance requested by the Commission . Any person who, in connection with the performance by the Commission of its functions, wilfully gives to the Commission any information which he or she knows to be false or does not believe to be true, or which he or she knows to be false by reason of the omission of any material particular, commits an offence and is liable on conviction to a fine not exceeding thirty currency points or imprisonment not exceeding twelve months or both. For the purposes of this section, “ Commission ” means the Commission , any member of the Commission , any officer of the Commission or any person or body of persons appointed to assist the Commission in the performance of its functions.

Section 21Verify source

§ 22General provisions relating to functions of the Commission - Improper disclosure of informationOffence

Members, officers and others must not publish or disclose Commission-related documents or information obtained in their duties without written consent or outside official functions; people who publish information known to have been wrongfully disclosed also commit an offence except when done for prosecution or official duty.

Section Improper disclosure of information Section Any member or officer of the Commission and any other person who, without the written consent of the Commission , knowingly publishes or discloses to any person, otherwise than in the performance of his or her official functions, the contents of any document, communication or information, which has come to his or her notice in the course of his or her duties in relation to the Commission , commits an offence and is liable on conviction, to a fine not exceeding fifteen currency points or imprisonment not exceeding six months or both. Any person who knows of any information which to his or her knowledge has been disclosed in contravention of subsection (1) of this section, who publishes or communicates it to any other person otherwise than for the purpose of any prosecution under this Act or in the course of his or her official duty, commits an offence and is liable on conviction, to a fine not exceeding fifteen currency points or imprisonment for a period not exceeding six months or both.

Section 22Verify source

§ 23General provisions relating to functions of the Commission - Consent to prosecutionOffence

A prosecution for an offence under this Act may only be started with the consent of the Director of Public Prosecutions.

Section Consent to prosecution Section A prosecution for an offence against this Act shall not be instituted except with the consent of the Director of Public Prosecutions.

Section 23Verify source

§ 24General provisions relating to functions of the Commission - Delegations of functions of the CommissionProvision

The Commission may, by writing, delegate any of its functions to a District Service Commission or any other authority or officer; guidelines issued by the Commission are binding on District Service Commissions and the Commission may set aside actions by a District Service Commission that contravene those guidelines.

Section Delegations of functions of the Commission Section Before setting aside any action under subsection (6), the Commission shall give written notice to the District Service Commission pointing out the act which constitutes the contravention and giving the District Service Commission — The Commission may, by writing, delegate any of its functions to a District Service Commission or any other authority or officer. A District Service Commission shall, when considering any matter relating to a person employed in the Education Service , co-opt as a non voting member, a representative of the department of education in the district or urban authority of a rank not lower than Education Officer or Inspector of Schools. The Commission shall issue guidelines to be used by the District Service Commission under subsection (3) of section 56 of the Local Governments Act, 1997. Guidelines issued under this section shall be binding on the District Service Commission . Without prejudice to section 25 of this Act, the Commission shall have the right to request in writing from the District Service Commission, any information reasonably necessary for ensuring that guidelines issued under this section are complied with; and the District Service Commission shall be bound to give effect to the request. The Commission shall set aside any action taken by a District Service Commission which contravenes any guidelines issued by the Commission under this section. reasonable opportunity to show cause why the action should not be set aside; and whenever practicable, giving the District Service Commission reasonable time to take necessary steps to rectify the contravention. The Commission shall render such advice to the districts as may be required regarding personnel management in the district education service.

Section 24Verify source

§ 25General provisions relating to functions of the Commission - District Service CommissionsProvision

Section District Service Commissions Section A District Service Commission shall submit a report to the Commission on the performance of its functions in relation to the Education Service after every four months and whenever a report is required by the Education Service Commission .

Section 25Verify source

§ 26General provisions relating to functions of the Commission - Consultation with other CommissionsProvision

The Commission may liaise and consult with other Service Commissions established by the Constitution to harmonise standing orders, regulations and remuneration of public officers.

Section Consultation with other Commissions Section The Commission may liase and consult with other Service Commissions established by the Constitution with a view to harmonising standing orders, regulations and remuneration of public officers.

Section 26Verify source

§ 27General provisions relating to functions of the Commission - Consultation with the MinisterProvision

The Commission must consult the Minister from time to time on policy matters while carrying out its functions; the Minister may make representations to the Commission (subject to Article 168(2)) and the Commission must take those representations into account.

Section Consultation with the Minister Section The Commission shall from lime to time consult with the Minister on matters of policy in the carrying out of its functions. Subject to the provisions of Article 168(2) of the Constitution the Minister may make representations to the Commission on matters within its competence and the Commission shall take such representations into account.

Section 27Verify source

Part IV

Administration of public officers in the Education Service

§ 28Administration of public officers in the Education Service - Administration of public officers in Education ServiceProvision

The Minister responsible for education may, after consultation with specified ministers and local government councils, require teachers in a District Council's Public Service to serve in another district; transfers between central and local public service require approval of the appropriate authority after consultation.

Section Administration of public officers in Education Service Section The administration of public service officers in relation to public officers in the Education Service and the ordering of conditions of service of such persons shall be in accordance with the provisions of the Constitution. The Minister responsible for education may, after consultation with the Minister responsible for Public Service, the Minister responsible for local governments, and the relevant local government councils, require teachers in the Public Service of a District Council to serve in any other district on any appropriate duties. Transfers of teachers between the Public Service of the Government and the Public Service of local governments, may be done only with the approval of the appropriate authority after consultation with the Minister responsible for local governments, the Minister responsible for education and the relevant local government council.

Section 28Verify source

§ 29Administration of public officers in the Education Service - Standing ordersAmendment

The Commission may make standing orders for administration and terms of service of public officers in the Education Service; until it does, existing public service standing orders (with necessary modifications) continue to apply and the Commission may later amend or revoke them.

Section Standing orders Section The Commission may make standing orders providing for the administration and conduct of, and the terms and conditions of service of public officers in the Education Service as required by paragraph (c) of clause (1) of article 168 of the Constitution. Until the Commission makes standing orders under this Act, any standing orders in force in the public service immediately before the coming into force of this Act shall, with the necessary modifications, continue to apply to the Education Service as if made under this section. For the avoidance of doubt the standing orders continued to apply under subsection (2) may be amended or revoked by the Commission under this section.

Section 29Verify source

Part V

Miscellaneous

§ 30Miscellaneous - AppealsProvision

Persons aggrieved by registration or teaching licence decisions may appeal to the Commission within thirty days; Commission may confirm, vary or reverse; further appeal to the High Court is available within thirty days and the High Court may confirm, vary, reverse or remit; the High Court's decision is final.

Section Appeals Section A person aggrieved by a decision of the Ministry responsible for education or any other authority in relation to registration of teachers or grant of a licence to teach may appeal to the Commission within thirty days after the decision is communicated to that person and the Commission may confirm, vary or reverse the decision. A person aggrieved by the decisions of the Commission on appeal may within thirty days after the decision is communicated to him or her, appeal to the High Court against the decision; and the High Court may confirm, vary or reverse the decision or remit it to the Commission for reconsideration. The decision of the High Court under this section is final.

Section 30Verify source

§ 31Miscellaneous - RegulationsOffence

The Commission may, by statutory instrument, make regulations.

Section Regulations Section The Commission may, by statutory instrument, make regulations— providing for the formulation of national standards, in respect of qualifications, appointment and staff development of public officers in the Education Service ; providing for the organisation of the work of the Commission and guidelines for the District Service Commissions regulating the manner in which they shall perform their functions in respect of functions delegated to them by the Commission ; providing for consultation by the Commission and the District Service Commissions with persons other than members of the Commission or District Service Commissions; regulating the manner in which matters shall be referred to the District Service Commissions by the Commission and vice-versa; prescribing disciplinary penalties and awards; regulating the procedure for appeals heard and determined by the Commission under this Act; for giving effect to the functions of the Commission under this Act.

Section 31Verify source

§ 32Miscellaneous - Power of Minister to amend First ScheduleAmendment

The Minister may amend the First Schedule to the Act, subject to the Cabinet's approval and by statutory instrument.

Section Power of Minister to amend First Schedule Section The Minister , may with the approval of the Cabinet, by statutory instrument, amend the First Schedule to this Act.

Section 32Verify source

§ 33Miscellaneous - Repeals, savings and transitional provisionsCommencement

The section repeals the Public Service (Teachers) Act, 1969 and provides that persons employed by the Ministry responsible for education immediately before commencement shall continue in the Education Service on not less favourable terms; district-employed education staff remain employed by their district but form part of the Education Service; the Public Service Commission may make arrangements and effect steps (including transfers) to implement the section without prejudicing public officers; pending proceedings under the repealed enactment may be continued under this Act as consistent.

Section Repeals, savings and transitional provisions Section Notwithstanding the repeal effected by subsection (1) but subject to the Constitution— The Public Service (Teachers) Act, 1969 is repealed. any person employed in the service of the Ministry responsible for education immediately before the commencement of this Act shall continue in service as a member of the Education Service on terms not less favourable than before; persons employed in the service of the Ministry responsible for education who at the commencement of this Act, are employed in the service of a district shall continue to be employed in the service of the district but shall form part of the Education Service ; the Public Service Commission may, in consultation with the Commission , make such arrangements as may be expedient for the practical implementation of this section and may, for that purpose in co-operation with the Commission and any other Service Commission , effect such steps including transfers or other measures as may appear to be prudent without prejudicing the interests of the public officers concerned; any proceedings pending under the enactment repealed by this Act may be continued and completed under this Act so far as is consistent with this Act.

Section 33Verify source

Legislative relationships

8 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

4 instruments

Commission - Consent to prosecution A prosecution for an offence under this Act
Section 23
Commission must be paid remuneration and given allowances at rates laid down by the Specified Officers Act, 1999
Section 7
Commission under this Act
Section 31
Constitution. Until the Commission makes standing orders under this Act
Section 29

G–M

3 instruments

Local Governments Act, 1997
Section 24
Minister to amend First Schedule The Minister may amend the First Schedule to the Act
Section 32
Ministry responsible for education immediately before the commencement of this Act
Section 33

N–S

1 instrument

Second Schedule to this Act
Sections 5, 9, 10

Recorded versions and source checkpoint

1 version available in this collection

Current-law checkpoint

5 Apr 2002 · currentEnglish

This relationship view does not by itself establish whether another instrument remains in force.

Check official source

Source-linked research

Ask AI about this statute

The overview, provisions, and source records above are public. Continue in a separate conversation with this statute’s jurisdiction and source version attached.