THE PU AC SERVICE ACT, 2011 ARRANGEMENT OF SECTIONS, Sections ine 10. ut 12 8 14 15 10. V7. 8 ». 20. PARTI PRELIMINARY PROVISIONS. Short title und commencement, Application ofthe Act Imesprewtion, PART BASIC FUBLICSERVICE. PRINCIPLES AND VALUES. asic Principles Core values. Kelationshipwith a Political Service. Public Service code of conduct. Professional code of conduct, Enforcemen’ of code of conduct PART ADMINISTRATION OF PUBLIC SERVICE, ‘Scope of Public Service. ‘General supervision and overall leadership. “Appointing Authority: Precise of finctons Appoinimentand functions ofthe Chief Secretary ‘Annual Report of Chief Secretty. ‘Cabinet Secretariat. Establishment of the Public Service Commission. Composition the Commission Qualifications of Chaizman and Members of the Commission. ‘Tenure, Removal and Disqualification ofthe Chairman of Members.21 22, 2. u. 25, 26, 2, 28. 20. 31 32. 3 35 36. 37. 38 39. 40, 4, 4B. 44, 45. 46. 4. 48, SL 2. 33 56. Inquiry against conduct of Chairman and Members ofthe ‘Commission. ‘Appointment and functions ofthe Secretary. Depurtmentof the Commission. Meetings ofthe Commission Funetions of the Commission. Powers of the Commission. ‘Accountabily and Transparency. ‘Armual Report. “Annwal Report on the Status of Public Service. Protection of whistleblowers Public Service Minister. Accountability of the Minister on Public Service A firs, Esubblishment of Service Boxed Tenure of Office. Functions and Powers of Service Boards Operation and other matters. “Mandate of Ministers in Public Service. Esublishmentof inenninisteial Commitee of Principal Secretaries Esblistiment ofthe Principal Secretary sor Hesd of institution, Duties of Principal Secretaries. Powers ofthe Principal Secreiary or Head of Institution, Functions ofthe Head of Departments. Review of Functions and Business. Performance Report Discipline Management and Accountability. Establishment of Cenral Office for Public Service, Departmentsof the Office. Functions PARTIY ESTABLISHMENT OF INSTITUTIONS, Roleof the Commission nthe Establish of Institutions, Establishment of Ministries. Abolition and Reorganisation of Ministes ‘Structure of institution, Constitational Offices ant Agencies. Departments Executiveand Agencies.7. 2. PART V HUMAN RESOURCE MANAGEMENT. Human Resource Planning. Recruitment and Appointment, Mertocracy: Restriction of entry into Public Service Categories of employment contract. ‘Termsand Conditions of Employ en Schemes of Service and Security List (Classifications ofthe post. Promotions. Deploymentofemployecs Right ofretur ofelection candidates. Stal developmert and tang. Discharge of Employ iene Contracts, Establishment of Senior Executive Service Qualifications. Purpose and development of tenior executive service Role and functions. Directions ofthe Cher Secretary, ‘Termiation of Senior Executive Service employment. Special remuneration andlncentives, Incentive ro rere. PART VI EMPLOYMENT STANDARDS AND LABOUR RELATIONS: ‘Work environment and Security. Government Security Office Labour Standard Labour Relations.8 82 3 84 85. PART VII MANAGEMENT OF DISCIPLINE Disciplinary Commitee. Disciplinary Authorities ‘Grounds for Disciplinary Action ‘Suspension of public service officer under inquiry. Procedure for conduct of disciplinary proceedings. 86. Decisions of Disciplinary Authority 87. 88, . Available Disciplinary Penalty Appeals and Reviews. 89. Decisions against which Appeals may be made. 9%. Decisions against which Appeals cannot be made, 91. Appeal Procedure. 92, Siay of Operation of Decisions etc. 98. 96, 9, PART VIN PAY IN THE PUBLIC SERVICE Formulation. Enforcement, PART IX RECORDS AND INFORMATION MANAGEMENT. Records Management, PART X PUBLIC SERVICE MANAGEMENT INFORMATION SYSTEM Use of information and Communication Technologies in Public Service delivery. Ecstablishmentof nstitation for information nl Commusication, ‘Technology,PART X ACCOUNTABILITY 98. Accouniability Framework PART XI MISCELLANEOUS 99. Gender in the public service, 100. HIV/Aids. 101. Disabiliy, 102. Motivation and recognitcin of outstanding performance. 103. Provisionson Regulations, 104. Repeal andenactments. 105. ‘Traitional provisions. SCHEDULES First Schedule ‘Second. Schedule Thind Schedule Fourth ScheduleACT NO. 2 OF 2011 1 ASSENT fe { DR. ALI MOHAMED SHEIN } PRESIDENT OF ZANZIBAR AND. CHAIRMAN OF THE REVOLUTIONARY COUNCIL ANACT TO PRIVIDE FOR THESTRUCTURES, OPERATION AND MANAGEMENT OF THE ZANZIBAR PUBLIC SERVICE. AND MATTERS RELATED THERETO. ENACTED by the House of Representatives of Zanzibar, PART I PRELIMINARY PROVISIONS Comnconx __ bThis Act may becitedas the Public Service Act, 2011 and stall come pa into operation immediately after being assented to by the President. petcation 2, Unlessthe context otherwise requi this Act shall apply directly to the management of public service and shall be the controlling law in the Sructure opemtion and managenent ofall public institutions notwithstanding that sich other institutions are specifically managed under other applicable Jaws, ‘nerprescion, _3, In this Act, unless the context requites otherwise: “appointing authority” means any person or authority exercising powers ‘of making appointmere to any publie serviee office:“Cabinet Secretariat” means the Office under the ‘Chief Secretary responsible for managing the affairs relating to the Zanzibar Revolutionary Council as provided for under section 14(5) ofthis Act “Central Office” means the Central Oftice for Public Service ‘Management established under section 46 ofthis Act; “Chairman” means the Chairman of the Public Service Commission ‘appointed in accordance with section 116{2) of the Constitution; “Chief Secretary" means the public servant referred tin section 14 of this Act appointed hold that offi “Conimission” means the Public Service Commission established by section [16(1) ofthe Constitution; “Constitution” means the Constitution of Zanzibar, 1984; “Department” means a Unit under the Ministry, Independent Institution ‘or Agency established in that designation and normaly headed by the Director or an Officer of similar rank in whatever ile: “disciplinary authority” means any person or authority vested with powers under the Constitution, this Actor any other law to take (2) carry out such inspections and investigations as it may deem necessrys () summon any person toppear before itand give evidence: (c) direct in writing the production of such information, document or file inthe eustody of any public officer forthe purpose of examining the Same or making copies thereof; (d) shter the premises of any department subject to compliance ‘With any legal requirements in accordance with the Police rules; {¢) make speeitic public service guidelines and issue circulars ant ‘other matters within its mandate, (2) The Commission may require any employing authority inthe public service to provide information which the Commission may need for carrying out its unetions, (3) Where any employing authority fils w provide information a requires! boy the Commission, the Corsngssion shall repon the failure to the het Secretary ‘who shall take appropriate action, (4) Imperforming its functions the Commission shall observe regulations ‘made under this Act orany other written law relating to the Public Service, 19ecuti ‘Annual 2741) The Commission shall prepare repor after every investigation made Tapreny, Under this Act, and where its finds that an employment decision under this Act thas been made contrary tothe provisions ofthis Actit shall (a) annul the decision in question; (b) ive such directives asit may consider necessary to redress the situation; (©) recommend the taking of any disciplinary or criminal ation as it _may consider appropriate inthe circumstances, (2) The Commission shall also make such recommendations as it may ‘deetm appropriate to the Chief Secretary in connection with any directive or ‘guideline concerning employment maiters that ay have been issued by him. G) Without prejudice to any disciplinary or criminal action thatmay be taken m accordance with the provisions of paragraphi(c) of sub section (1) of this section, where a public officer has made an employment decision which is ‘ot in conformity with the provisions ofthis Act the following provisions shall amoly: (a) inthe ease ofa senior public officer, he may be removed from his ‘Position or grade in the Senior Executive Service and where he is ‘So emoved, he shall not be eligible to be appointed in a position in the Senior Executive Service for a period of five years; (b) inthe case ofany other office; he shall not be eligibleto be appointed inna position in the Senior Executive Service fora periodof five years. 28(1) “The Commission shall on each financial year prepare and submit to the Chief Secretary an annual report dealing generally with its activities and ‘operations during the previous year, as wel s explaining on ts financial affairs. (2) The Chief Secretary shal, as soon as practicable after the report is sulbmited take appropriate measures io implement the recommendations ofthe Commission in order improves performance 20‘Aomual Report con the Saws of Poble Seve, Protection of ‘whistle the blowers Public Service Minister 29,(1) The Commission shall not later than three months afterthe end of ‘each financial year prepare and submit to the President and copied to the Minister ‘an annual reporton condition and efficiency of the Public Service. (2) The report shall among other things contain matters specified under ‘section 15(2) ofthis Act. 3) The Minister shall, as soon as practicableafter the report is submitted tothe Bsc ye Report roe House steps 30, The Commission shall ensure that no public officers vietimised for making any report to his superior orto therelevant authority on any breach ofthe code of condict or of ay provision under this aw by public oficer, and where t finds that a public officer has been so victimised, t shall make a repor to the Presidentrecommending such measures to redressthe situation as iteonsiders ‘appropriate. '31.(1) The Minister shall exercise supervisory powers over the publ service, (2) The Minister shall exercise the following functions:- (4), to promote the overall éffectiveness and efficiency of the public service; (b) 1o/nitiate or promote polices intended wo improve the performance, effectiveness and efficiency of public service: (©) toassess the spproprateness, effectiveness and efficiency of public service management, and in articular Ministries, departments, units, sections, agencies or ary other public service institutions, (2) to suthorise reviews of activities or functions of publi service offices, (©) torefee to the Commission, for review, matters relating to the flectiveness or efficiency of public sevice offices; (1) tomonitor the performance ofthe Commission's functions, aGrae” 32,1) The Miniter shall tthe end ofeach financial year present the report Ministero» Concerning Public Service performance prepared by the Commission under this Fabie _Acttogether wit his own observations and undertakings on maiters mentioned on XS _thereporttothe Revolutionary Council and to he House of Representatives, (2) The report shall in paticularaddeess the following areas: (8) the size of the public service in proportion to the actual demand; (b) structures of public service and ther effectiveness and efficiency; (©) kevelof delivery and adherence to delivery best practices; (d) level of comptiance with labour standards, health and safety and ‘abour relations inthe publie service: (6) anyother mater which the Minister may find necessary. Exhktmot —33,(1) Thereis hereby established the following Service Commissions: Soe, (8) Civil Service Commission; (©) ici Service Comission; (©) Hose of Representatives Serve Commission; and (@) Special Departnents Sevice Commision (2) The Presidentmay establish any other Service Commission in respect of service he may specify in the establishment onder. G) Suibjet to theauthorty and powers ofthe Public Service Commission ‘nsequlating public servie, Serviee Commissions shall beindependentin execution Of their funetions and exereise of their powers, nd subject only tothe aforesaid authority of the Commission, they shall not be subject tothe direction or order of ‘any institution or person. (4) Service Commissions shall observe publie sevice vitles andobserve ‘mpartiaty and fhimess in enereiseoftheirpowersandin execution oftheir finetions.Tenure of office. (3) Anydecision ofa Service Commission which isnot of administrative ‘nature shal be subject o appeal to the Commission. 34(1) Civil Service Commissions shall compose of a Chairman and not more than six other members appointed by the Minister responsible for public serviee (2) Judicial Service Commission shall compose ofa Chairman who isa ‘High Court Judge or a person qualified tobe a High Court Judge appointed by the Chief Justice, a representative ofthe Attorney General, a representative trom the Zanzibar Law Society and not more than three other members appointed. by the Chief Justice. (3) The House of Representatives Service Commission shall compose of ‘ Chairman appointed by Speaker and not more than six other members appointed by the Speaker. (4) The Special Department Service Commission shall compose ofa ‘Chairman appointed by the President, one representative appointed by the Chief ‘of each Special Department and not more than thre other members appointed by the Minister responsible for Special Departments (5) Every Service Commission shallappoint Secretar to the Commission ‘rom among qualified staf within the service ofits jurisdiction who shall serve wn such terms and condition as the Commission shall determine. (6) No person shall be appointed to the Service Commission, ifheis likely to have confit of mterest or he isin active sevice in an institution whichis lund the jurisdiction ofthe respective Service Commission; except where he is ‘expressly mentioned under this section asex officio member. (7) In appointing « Chairman and members, the appointing authority shall {ake into consideration sufficient experience in the relevant area and integrity of the appoint, 384 1) The Chairman ancl members of Service Commission, except the ex ‘offciomembery, shall hold office fra peiod of thee years but shall be eligible forreappointment. 23Fusetions and powers of Service Cnmrnken (2)The Chairman or member shall not be removed from office belore the expiry ofhis tenure except by reason of misconduct, illness or filure todischarge: his duty as member or fora reason which if he were not such a Chairman or ‘member would have been disqualified tobe appointed as Chairman ormember, {@) Where he position of Chairman or member ofa Service Commission {alls vacant, a person appointed sa replacement shall hold office forthe remainder of the period of tenure and shall be cligible for reappointment. 36,1) Service Commissions shall be responsible for approval of qualification, umber of persons to be employed in a respective institution falling under its jurisdiction, selection process and relevant affirmative action in the recruitment in accordance with general guidelines issued by the Commission and in executing this function the Service Commission shall have power to nullify any recruitment Process or employment which is maak in comtavention ofthe approved guidelines orprovedures, (2) Service Commissions shall be responsible to recommend to the ‘Commission the aroval of scheme of service for institutions unde is jursdition sand where no scheme of service exists it shall direct relevant authority to develop such scheme, (3) Service Commissions shall have power to approve promotion of ‘employees in accordance withthe scheme of service and to recontmend promotion ‘of such employees for promotion of appointment to senior position where such romotion or appointment is not within the mandate ofthe Principal Secretary or the Service Commission. (4) Service Commissions shall be responsible Yo ensure tht public service ‘asic principles, values and codes of conductare observed atin executing this function, shall have power direct any Principal Secretary, Head of institution "under its jurisdiction to observe such principles, values and code of condust which ‘the Service Commission is ofthe opinion that itis not observed by such authority. 4Operation and other matters, Mandate of Ministers inPube ‘Service (5) AService Commission shall deal with any mater within its jurisdiction referred to iby the Minister, the Chief Secretary or the Head of institution for determination or direction. (6) AService Commission shall have authority to approve extend service ‘upto oo years and to recommend to the Chief Secretary any extended service exceeding two years, (7) Service Commissions shall undertake and exercise to such function and powers such other functions as provided inthe respective legisation providing {for theiroperation, 371) A Service Commission shall conduct its affairs in accordance with this Actorany Regulations made by the Minister or Head of Institution responsible for therespective Service Commission, (2) Notwithstanding anything under subsection (1) ofthis section a Service ‘Comenssion shal alates own procedure of conducting its metings including their proceedings. (3) Chairman and Members oft Service Commission shal be paid such allowances and entitlement as prescribed by the Minister from time to time. (4) The Minister shall generally make Regulations forthe better carrying ‘out the purpose ofthis Act. (3) The Commission may from time to time issue guidelines and directives to Service Commissions on matters within its jurisdiction, 38. Each Minister shall have supervise the management, departments and ‘agencies falling under hisportfolio, and in particular shall (8) provide policy and strategic directionon the role and functions of ‘the Ministry, Departments and Agencies; 25(b) ensure that the policies, strategies, programmes and projects ofthe Ministry, Departments and Agencies are consistent with National Policies, as prescribed by the govemment and decisions and directives ofthe Revolutionary Council and (€) supervise the performance ofthe Principal Secretary and Chiet Executives of the Departments and Agencies falling under his porto, rromat tie «_ 2%1) There shallbe an tnter Ministerial Committe consituted ofthe Chief imeman Seetetary asthe Chairman and all Principal Secretaries as members of te sera Comite, Commitee of 2) The Deputy Attorney General shall ben member ofthe Committe by Qunsipal virtue otis post. (3) The Cabinet Secretariat shall serve as the secretariat of the Commitee. (4) The Inter Ministerial Committee may invite any person toattend its deliberation, (5) The meetings ofthe Commit shall be presided by the Chief Secretary {or inhis absence by a Senior Principal Seeretiry assigned to do so by the Chict Secretary. (6) The inter Ministerial Committe shall be the technical organ of the Revolutionary Counciland in executing this role the Committe shall undertake ‘the following finetions: (©) toreviewall proposals relating oany proposed policy bil for any law, development strategies, programs, budge proposal or any ‘ther document relating to government operations before i submited to the Revolutionary Couneil except where the President sirects to exempt such document from the serutiny or review by the Committee;(©) generally to review regular operations ofthe government and ‘advise the responsible Ministry or the government on measures tobe taken to.address any situation or matter deliberated by the ‘Commitee; (©) to serve asa focal point for dissemination of information on government directives, operation, direction and preparedness on any curent or impending issue; (q) 1oadvise the Chief Secretary and the government in general on any challenge facing the administration of public service and of government operation in general, (7) In exercising the foregoing powers and functions the Committee shall be collectively responsible forthe advise rendered. 4041) There shall bea Principal Scoretary in respect ofa Ministry or Office ‘as the President may determine, his appointment shall be made in accordance with the Constitution. (2) Where any Minister has been charged with responsibility for any of ‘Ministry, he shall provide general direction and supervision over that Ministry; “stun. or subject to such direction and contol, the exeextive functions and administration ‘of the Ministry hall be under the responsibility ofa Principal Secretary (3) Heads of constitutional offices, Agencies and other independent institutions shall exercise executive functions similarto that of the Principal Secretary in their respective institutions except that on matters of general policy of the government pertaining to their institutions of which the Minister is accountable tothe Revolutionary Council and the House of Representatives, Heads of such offices, agencies and institutions shall be under the general superintendence ofthe Principal Secretary forthe purpose of facilitating the Minister to execute his responsitilty tothe Revolutionary Council and the House of Representatives, (4) Powerto appoint public officers to hold or actin the office of Principal Secretary and to remove from office persons holding or acting in such office shal vest in the President 2(3) Heads of govemment departments otherthan those whose manner of appointment is specifically provided for in this Act or any other law shall be appointed from amongst senior public officers by the President. (6) A Principal Secretary or Head of Institution or Department shall hold office for such period as the President shall determine, provided that, the ‘Commission in consultation with Chief Secretary may provide for special ‘emtitlement to be paid to the Principal Secretary or Head of Institution whi has, served for such period asthe Chief Secretary may determine as appreciation of service renderedin such a post by special circular. Dates of i : Poncipal 411) Isha be the duty ofa Principal Secretary or Head of tnsttution:- Sere orcad o (2) tomonitor the operons of te deparments under his supervision insite, to ensure thatthe objectives set ou for sich departments are ‘Sensonuant with policy objectives set out by the government; (b) to monitor compliance by the departments falling, under his supervision of directives and guidelines givenby his Minister ce (Chief Secretary; (©) imagreement with his Minister, to set annual performance tangets for the departments under his supervision and review the Performance of such departivents atleast annually; (@) toadvise his Minister on all matters perainingto the departments falling underhis supervision; (€) to uphold and promt public service values and to supervise the _application ofthe Code of Conduct in the departments fling under hissupervision; (0) toprovide his Minister with information which the Minister may Fequire relating tothe functions, operationsand management of ‘the departments falling under his supervision and to collect, collate und analyse such |(8) tomanage hisofice economically eficiently audeffectvely; and (b) tocoordinate the accountability of departments falling under his Ministry tothe House of Representatives in matter relating tothe ‘oversight fnctionsof the House over the Government institutions, (@) tw pertorm any other function that may be delegated or assigned to him by or under this Act orany other law. (2) Without prejudice tothe generality ofthe provisions of sub-section (1) of this section, and subject to Public Finance Management Act, «Principal Seeretary shall also monitor the proper financial management and contro af the departments falling underhis supervisory responsibility. (3) APrincipal Secretary shall, in relation tohis stafTand have the same ‘tuthority and duties as.a head of department Poners of 42. Inexccuting the functions of his ofice, the Principal Secretary or Head the of nstitation shail have the following powers: Principat Secretary {@) tocxercise powersconterred under this Actor any other law; or Head of 0 bina within is jor eee (©) totake disciplinary measures withinhis urisiction against any «mplayee in evordance withthe provisions regulating disciplinary measures; (6) todemand information and reports from any head of department, Unit or seetion who is directly under his supervision for any ‘appropriate purpose; (@) todirect any Head of Department or institution under his Ministry to ake measures tieessary to implement or comply with any ‘government policy, directive or law which in the opinion of the Principal Secretary is not being implemented or observed or itis ‘otherwise being breached by such department or institution; (€) to report to the appropriate authority on any breach of public service values, basic principles, code of conduct or regulations ‘made by any head of institution under his Ministry; 29(®, totake any other measure necessary or appropriate in ensuring efficient, effective and smooth running of public service and of the government operations in general within his Ministy. Fuvedons 4341) The Heads of Department shal execte the following functions: ee (@) toprovide operational and supervisory functions to their Departments Tantei: (©) to exercise such operational and public service powersto enable them maintain delivery and discipline within their departments and ‘maintain the ehis, aig and repetition of public service in general {©)1o initiate policies, programs and reforms within heir jrisictions and inso doing, they are expected to beinnovative and ingenious it their performance; (@) tobe enforcement agencies of aws, rules and regilations applicable ‘orrelevant their departments; (2) Heads of Department who are not holding Constitutional Offices or {Independent Ofices, shall be answerable and accountable tothe respective Principal ‘Secretary faewel _44.(1) A Principal Secretary shall carry outa review of any business of EAI" Government falling within the functions of any department falling ender his Thins, SUPevision whenso direct his Minister ry the Chief Socetary r whenever hhedeems it necessary to do so. (2) On completion of review as provided under sub section (I) ofthis section, Prineipal Secretar shall submit a Copy ofthe report tis Minister and to the Chief Secretary. Resont™® __ 45-(1) Within three months from the end of each financial year a Principal ‘Secretar stall make a repor to his Minister on the performance ofthe departments falling uader his supervisien during the previous year and shall ransmit 2 copy of any such report tothe Chief Secretary, (2)The report shall (a) review the performance ofthe departments during the respective year, 30Discipine id Establish. iment of Conta Office for Service. of the Ofie. (®) identify measures taken or that require tobe taken to address ‘sues in elation to that performance: (6) register the progress made on the measures identified in thereport forthe previous year; and (include any other information that may berequiredby the Minister orthe Chief Secretary. 46.(1) Principal Secretary shall be required to abideto the Chic Executives Service Regulations issued by the Chief Secretary. (2) The provisions of subsection (1) ofthis section shall apply to Heads ‘of Institution whose term af service is not subject to constitutional protection or hot regulated by any other law. (G) Each Principal Secretary shall be individually responsible to provide leadership to the Ministry and to be the supervisor of laws and procedures Pertaining to institutional and operational management of public service. (4) Each Principal Secretary shal be individually responsible for decisions, ‘peration and performance within his mandate and shallalso be responsible for the advise he gives tothe Minister and othe governmentin general on anything Which he has given such advise and which falls within he operation of public serve. 471) There is hereby established an Office which shall beknown as the Central Office for Publi Service Managertent which shall be under the Principal Sceretary’s Office, (2) The Office stall beianplementing and fiiltatingagency inthe excetion and exercise ofthe Principal Secretary role and powers, 48,(1) There shal be supporting Departments and Units ofthe Central ‘Office in the execution and perfomance in its function as determined by the Principal Secretary in consultation withthe Minster. a(2) The Pricipal Secretary may in consultation withthe Minister restructure the office from timeto time as he deems appropriate, Functions, —_49._‘TheCeraral Office shall bea coordinating and monitoring agency of public ‘service management which shall hvethe following responsibilities: {at provide strategic diretion inthe management and operations of Public service including proposing introduction, application and ‘adaptation ofnew managetnent and operation practices in any sector of public servic; (>)tosenitinize human resource capacity and identify human resource capacity requirement of the Zanzibar Public Service: (6) {0 initiate and overseeing reforms to the Public Service in _genera or of purticularsestor, institution, Ministry or operation; (2) to develop cet public service manaasomens policy and w facie implementation for Zanzibar Pubic Service; (€) to provide administrative and technical service o Zanzibar Public Service institutions; (2 toregulate and issue directives, guidelines and circulars providing {for accommodation, anspor, travel on duty, subsistence allowance and other entiiements for public service employees and for other ‘non public servie officers whose entitlements are regulated by the ‘goverment, {) tobe principal collector, processor and custodian of public service lata, information and statistics in all aspects of publi service ‘management and operation; (h) todeal witha other mates relating to human resource management ‘within the Public Service. 2PART IY ESTABLISHMENT OF INSTITUTIONS Role of the 50.{1) The Commission shall have general duty to advise the President on the Conmsier status of publi service institutions and the desirable structure and restructuring Eanbistmene ofinstitutions and operations. ftatiusons, ___ (2)Inexerising the advisory function under subsection), ofthis section, the Commission shall ak into considcation: (a) the economic and social benefit; (0) efficiency and effectiveness of public service; and {(¢) the size and outreach of public service in delivering service. Paublih _$1.(1) Subject tothe provisions ofthe Constitution, the establishment, number Minttries, and structure of Ministries shall be the discretion ofthe President who may seck advice from the Public Service Commission or any other person or authority on the establishment, abolition, amalgamation or restructuring of Ministries. (2) The President shall exercise power provided under subsection (1) of this section in accordance with the following procedure: (a) the establishment order to provide for the scope, functions and ‘mandate of the Ministry with the commencement date shall be issued and signed by the President; (b) the establishient order shall constitute the equivalent operation ofanentity; (©) where the Ministry does not change, a continuation order shall be issued to state the the previous establishment order shall continue tohaveeffect. * (2) abolish arly Ministry; 3B(b) amalgamate wo ormore Ministries into one; (©) reorganisethe Ministry in amanner he deetts appropriate. (2) The reorganised or amalgamated Ministry shall be deemed to be a "Rew Ministry anid accondingly the establishment order shal be issued inthat respect. (3) Where a Ministry is abolished and no new Ministry is established all ‘servants inthe departments Who are nol assigned or vansferred io other Ministries, shall bedeemedto be under direct responsibilty ofthe Chief Secretary, (4) The Chief Secretary shall choose fo transfer the stafTtogether with ‘sets to other departments or may choose to terminate theie service in accordance: \ith the Employment Actand this Act, (5) Residual assets and liabilities shall be transferred by the Chief Secretary tw the Ministry responsible for management of public assets and setilementsof Public debts, respectively, (©) Conveyance ofimmovable assets between Ministries established, eorgansed or amalgamated shall be deemed validand sufficient through letter Signed by either the Chief Secretary or the Principal Secretary of Ministry ‘responsible for such asset without any furter formal conveyance. (7) Transferor vestoFany movable asset including interest in any asset or ‘ght nthe manner aforessid shall be sulticient to create vate andownership over such asset orinterestto the transferee institution, (8) No part or portion of any asset or liability shall cease to exist by mere *eason that the institution oF Ministy is abolished, reorganised or amalgamated, ‘many case such liability eset or inerest shallbe inferred wbeleng tothe succeeding institution or where its not reasonable to do 50, t the Chief Secretary, {9) The Minister shall make regulation for better carrying out ofthe provisions ofthispan.Stracture of Insteation, Comins ‘Ofices and Agencies $3.1) Oifices and agencies whose core functions, powers, mandate and the manner of appointment of their heads have been prescribed by the Constitution and those agencies whose core functions have been prescribed by the Constitution shall be known as Constitutional Offices, (2) The Heads of Consivutional Offices shall be answerable tothe Minister in matiers relating to implementation of policies and general administration and shal be accountable othe Chief Searetary and Principal ‘Secretary ofthe respective ministry inall matters relating 10 the efficiency and effectiveness oftheir aciminstation, enforcement of public service vas «an code of conduct and generally theiraccountbility as managersof public service offices. G) The Chief Scoretary may issues cierto clarify to prescribe anything relating tothe administration nswerbility and accouabhity of Constitutional offcesand theirheads. ‘S4(1) Estblishiment of Departments shall be on the discretion ofthe President. {2) ADsparument may be estblished under any Ministry Independent ‘offices, Constitutional Offices or appropriate institution asthe President ‘may deer appropriate, (3) Adpartment may be established by administration orderissuad ‘and signed by the President orby statute, (4) Where a Minister intends to propose the establishment ofa new ‘Pepariment he shall follow the procedure laid down under this Act:- {@) proposil for establishment shall be submhitied to the Commission for consideration in terms of section 25 ofthis Ash: (b) proposal shall indicate the need for such institutional framework, functions, administrative structure. human Fesource requirements and budgst implication forthe frst five year, infrastructure and expected benefit and revenue ifany; 35