Laws of Malawi

GOVERNMENT TEACHING SERVICE COMMISSION: SUBSIDIARY LEGISLATION

Muli bwanji!Lilongwe

GOVERNMENT TEACHING SERVICE COMMISSION: SUBSIDIARY LEGISLATION

GOVERNMENT TEACHING SERVICE COMMISSION REGULATIONS

ARRANGEMENT OF REGULATIONS

    REGULATION

PART I
PRELIMINARY

    1.    Citation and application

    2.    Interpretation

PART II
PROCEDURES

    3.    Secretary and staff

    4.    Presiding at meetings

    5.    Records of meetings

    6.    Decision by circulation

    7.    Dissent

    8.    Quorum for meeting and majority decision

    9.    Communications to the Commission and Members

    10.    Right of Responsible Officer to be heard

    11.    Irregular representation

    12.    Oaths to be taken by staff

PART III
PRINCIPLES TO BE OBSERVED BY THE COMMISSION

    13.    Matters to be considered regarding appointments and promotions

    14.    Examinations and Training Courses

    15.    Matters to be considered regarding transfers

    16.    Seniority

    17.    Advertisements

    18.    Interviews

    19.    Consultation, Selection Boards and Examinations

    20.    Performance Appraisal Reports

PART IV
DUTIES OF RESPONSIBLE OFFICER IN RELATION TO FILLING OF VACANCIES

    21.    Duty to report vacancies

    22.    Application by officers and others

    23.    Appointments

    24.    Delayed documentary evidence

    25.    Appointment on Probation

    26.    Duties of Responsible Officer in relation to probationers

    27.    Conclusion and Extension of Probationary period

    28.    Medical examination

    29.    Acting appointments and supersession

    30.    Training Grades

    31.    Compulsory retirements

    32.    Medical grounds

    33.    Abolition of office

PART V
DISCIPLINE

    34.    Penalties

    35.    Interdiction and suspension

    36.    Duty to investigate information regarding misconduct

    37.    Action to be taken after preliminary investigation

    38.    Criminal proceedings

    39.    Proceedings after acquittal on criminal charges

    40.    Notice of intention to institute disciplinary proceedings

    41.    Absconding officers

    42.    Action by Commission on receipt of report

    43.    Disciplinary inquiries

    44.    Procedure of the Teachers Board of Appeal

    45.    Proceedings before the Commission

    46.    Inquiry by individual officers

    47.    Incompetency and inefficiency

PART VI
GENERAL

    48.    Service of documents

    49.    Attendance of officers and production of documents

    50.    Right of Appeal

    51.    Cases not otherwise provided for

        Schedule

GOVERNMENT TEACHING SERVICE COMMISSION REGULATIONS

under s. 10

PART I
PRELIMINARY

1.    Short title

    (1) These Regulations may be cited as the Government Teaching Service Commission Regulations.

    (2) These Regulations shall not apply to any matter in relation to which it is provided in the Constitution or in any other law that some person or body other than the Commission has authority.

2.    Interpretation

    (1) In these Regulations, unless the context otherwise requires—

    ‘‘abscond’’ means to be absent from duty without leave or just reason for a period exceeding 48 hours;

    ‘‘appointment’’ means the conferment of an officer of emolument in the Government Teaching Service and shall include an appointment on promotion;

    ‘‘Chairperson’’ means the Chairperson of the Commission or in his or her absence the Deputy Chairperson;

    ‘‘Commission’’ means the Government Teaching Service Commission;

    ‘‘Contract Officer’’ means an officer employed for a predetermined period of time under a written contract signed by or with the authority of the Secretary for the Department of Human Resource Management and Development and containing terms and conditions of employment individual to such an officer, but does not include a permanent officer or employee;

    ‘‘equivalent grade’’ means a grade to which a minimum salary attached is at the least equal to the minimum salary attached to the grade with which it is compared;

    ‘‘Estimates’’ means the current estimates on Revenue Account and the current estimate on Development Account and the current Establishment Warrants;

    ‘‘grade’’ means one of the grades of office prescribed in these Regulations;

    ‘‘Member’’ includes the Chairperson or Deputy Chairperson and any other member of the Commission;

    ‘‘misconduct’’ includes any act or omission which constitutes misconduct in accordance with these Regulations;

    ‘‘officer’’ means a teacher employed in the Service;

    ‘‘permanent officer’’ means an officer employed on the basis that on confirmation of his or her appointment the duration of his or her employment is permanent—

    (a)    until he or she reaches the age for retirement under these Regulations; or

    (b)    until his or her employment is terminated in accordance with these Regulations, but does not include a contract officer;

    ‘‘posting’’ means the assignment by the Responsible Officer of an officer to a different duty station within the Service;

    ‘‘probationary period’’ means the period before an officer is confirmed in his or her post;

    ‘‘probationer’’ means an officer serving on probation;

    ‘‘promotion’’ means the conferment upon an officer of a public office to which is attached a higher salary or salary scale segment than that attached to the office to which he or she was last substantively appointed;

    ‘‘Responsible Officer’’ means the Principal Secretary responsible for Education;

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