LOCAL GOVERNMENT SERVICE

CHAPTER 22:04
LOCAL GOVERNMENT SERVICE

ARRANGEMENT OF SECTIONS

    SECTION

PART I
PRELIMINARY

    1.    Short title

    2.    Interpretation

    3.    Unification of all local government services of local authorities

    4.    Election to join Local Government Service

    5.    No election to join Local Government Service after six months

    6.    Terms and conditions of service upon entry into Local

        Government Service

    7.    Calculation of pensions and gratuities on retirement

    8.    Effect of non-election to join Local Government Service

PART II
ESTABLISHMENT OF THE LOCAL GOVERNMENT SERVICE COMMISSION

    9.    Establishment and composition of the Local Government

        Service Commission

    10.    Disqualifications from membership of Commission

    11.    Tenure of office of members of Commission

    12.    Remuneration and allowances of members of Commission

PART III
ADMINISTRATION

    13.    Secretary to the Commission

    14.    Deputy Secretary to the Commission

PART IV
FUNCTIONS AND POWERS OF THE COMMISSION

    15.    Functions and powers of the Commission

PART V
FUNDS OF THE COMMISSION

    16.    Funds of the Commission

    17.    Annual budget

    18.    Books, accounts, audit and reports

PART VI
MISCELLANEOUS

    19.    Regulations

    20.    Non-application of Act

        Schedule

37 of 1981
19 of 1995
G.N. 13/1983

    An Act to provide for the establishment, functions and powers of the Local Government Service Commission, for the unification of the local government services of all local authorities into a Local Government Service, to regulate the appointment and terms and conditions of service of persons joining the Service, and to make provision for matters connected therewith and incidental thereto

PART I
PRELIMINARY

1.    Short title

    This Act may be cited as the Local Government Service Act.

2.    Interpretation

    In this Act, unless the context otherwise requires—

    ‘‘Commission’’ means the Local Government Service Commission established under section 9;

    ‘‘contract officer’’ means an officer in the employment of a local authority under a written contract containing terms of service individual to such officer;

    ‘‘employee’’ means a person employed by a local authority as an industrial class employee or as a temporary employee;

    ‘‘local government officer’’ means a public officer employed by the Ministry of Local Government;

    ‘‘officer’’ means a person employed by a local authority holding a rank higher than that of an industrial class employee.

3.    Unification of all local government services of local authorities

    (1) On and after the commencement of, and to the extent provided by, this Act, the local government services of all local authorities in Malawi shall be unified into one consolidated service, to be known as the Local Government Service (hereinafter called the “Service”).

    (2) Subject to the provisions of this Act, every local government officer, officer and employee having elected pursuant to section 4 to join the Service shall be deemed to be an officer in, or employee of, the Service and shall thereafter at all times, and to the extent provided by this Act, be subject to the jurisdiction and control of the Service, and to all appropriate and relevant regulations and rules relating to officers or employees of the Service, as are from time to time made and in force under this Act.

    (3) Subject to the provisions of this Act, no person other than an officer in the Service shall, after the date of commencement, be appointed to, or hold, any office on the permanent establishment of any local authority.

4.    Election to join the Service

    Any person who was a member of a local authority immediately prior to the commencement of this Act may, at any time within six months thereafter, by notice in writing to the Minister, elect to join the Service.

5.    No election to join the Service after six months

    After the expiry of six months from the date of commencement, no person to whom section 4 of this Act applies shall be entitled to elect to join or to join the Service by virtue of that section.

6.    Terms and conditions upon entry into the Service

    Any person who, pursuant to section 4, joins the Service shall enter the Service on such terms of employment and under such conditions of service applicable to the Service as are, at the time, made applicable to him by the relevant competent authority:

    Provided that in no case shall such terms of employment or conditions of service be less favourable than the terms and conditions that he enjoyed, or were applicable to him, in the local authority immediately prior to the commencement of this Act.

7.    Calculation of pensions and gratuities on retirement

    In calculating the pension or gratuity payable upon the retirement from the Service of any person who has joined the Service under the provisions of this Act, such part of the pension or gratuity, as the case may be, as is attributable to the length…