Laws of Malawi

CHIEFS: SUBSIDIARY LEGISLATION

Muli bwanji!Lilongwe

CHIEFS: SUBSIDIARY LEGISLATION

CHIEFS (STAFF) (EMOLUMENTS, TERMS AND CONDITIONS OF SERVICE) RULES

ARRANGEMENT OF RULES

PART I
PRELIMINARY

    RULE

    1.    Citation and application

    2.    Interpretation

PART II
APPOINTMENTS AND SALARIES

    3.    Grades and salaries

    4.    Appointments

    5.    Probation and confirmation

    6.    Resignation, termination of appointment and retirement

    7.    Terminal benefits

    8.    Overtime

    9.    Salary increments

    10.    Incremental date

    11.    Promotion

PART III
CONDUCT AND DISCIPILNE

    12.    Incompetence and inefficiency

    13.    Misconduct

    14.    Acts of misconduct

    15.    Criminal conviction

    16.    Suspension

    17.    Employees not to engage in certain activities

    18.    Salary forfeited if absent from duty

    19.    Sick leave

    20.    Disability

PART IV
LOANS

    21.    Loans to employees

    22.    Bicycle loans

    23.    Motor-cycle loans and insurance advance

    23A.    Insurance advance

    24.    Holiday advances and emergency loans

PART V
ANNUAL HOLIDAY

    25.    Holidays

    26.    No accumulation of holidays

    27.    Travel entitlement

    28.    Incomplete holiday year

    29.    Leaving and dismissal

PART VI
GENERAL

    30.    Housing

    31.    Subsistence allowance

    32.    Mileage allowance

    33.    Transport and baggage allowance

    34.    Uniform

    35.    Transfer allowance

    36.    Minister’s direction required for allowances, etc., not mentioned

        in rules

        First Schedule—Grades and salaries of employees

        Second Schedule—Letter of appointment on probation

        Third Schedule—Letter of confirmation in appointment

        Fourth Schedule—Form of agreement—Advance for bicycle

        Fifth Schedule—Subsistence allowances for employees

        Sixth Schedule—Mileage allowances

        Seventh Schedule—Scale and frequency of issue of uniform to employees

G.N. 147/1968
120/1973
23/1974
89/1974
48/1978
37/1982
76/1982
104/1983
143/1983
72/1984
76/1985
78/1987

CHIEFS (STAFF) (EMOLUMENTS, TERMS AND CONDITIONS OF SERVICE) RULES

under s. 24

PART I
PRELIMINARY

1.    Citation and application

    These Rules may be cited as the Chiefs (Staff) (Emoluments, Terms and Conditions of Service) Rules and shall apply to all tax clerks and Chief’s Messengers.

2.    Interpretation

    In these Rules, unless the context otherwise requires—

    ‘‘employee’’ means a Chief’s Messenger or a tax clerk appointed under section 18 of the Act but does not include any person holding any other public office, or employed by the Government as an Industrial Class Employee, who has been appointed as a Chief’s Messenger or a tax clerk under section 18 of the Act on secondment terms;

    ‘‘Salary Scale’’ means a Salary Scale in the First Schedule;

    ‘‘temporary employee’’ means an employee appointed under the proviso to rule 4 (2).

PART II
APPOINTMENTS AND SALARIES

3.    Grades and salaries

    Grades and Salary Scales of employees shall be as set out in the First Schedule.

G.N. 37/1982

4.    Appointments

    (1) All appointments of employees shall be made in writing in the form set out in the Second Schedule.

    (2) Prior to appointing any employee a District Commissioner shall—

    (a)    satisfy himself as to the proposed employee’s physical fitness;

    (b)    consult with the Paramount Chief, Chief, Chief’s Council or Sub-Chief concerned:

    Provided that, notwithstanding that paragraph (a) or (b) has not been complied with in the case of any proposed employee, a District Commissioner may employ him as a temporary employee on a day to day or week to week basis for any period or periods not exceeding six months in the aggregate.

    (3) All employees shall at the commencement of their employment receive the salary specified at the initial point of the appropriate Salary Scale:

    Provided that the District Commissioner may permit an employee to receive at the commencement of his employment an increment in his Salary Scale for every completed year of previous training or experience of a kind which provides qualifications required for the post in which he is employed.

5.    Probation and confirmation

    (1) Every employee shall be deemed to be appointed upon probation in the first instance.

    (2) Subrule (1) shall not apply to a temporary employee, but a temporary employee, who is, without break in service, appointed as an employee shall be deemed to have begun his period of probation on the date upon which he first took up his temporary employment.

    (3) An employee who to the satisfaction of the District Commissioner completes a period of two years’ employment on probation may be confirmed in his appointment. Such confirmation shall be made in writing in the form set out in the Third Schedule.

    (4) An employee whose employment is not confirmed upon the expiration of two years’ employment on probation may have his employment terminated.

G.N. 37/1982

143/1983

6.    Resignation, termination of appointment and retirement

    (1) No employee shall resign, have his appointment terminated, or retire, without due notice in writing being given by, or to, such employee as the case may be.

    (2) In this rule, “due notice” means—

    (a)    in the case of an employee who has been confirmed in his appointment,…

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