The Teacher s’ Service Commission Act

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CHAPTER 448
THE TEACHERS’ SERVICE COMMISSION ACT
[PRINCIPAL LEGISLATION]
Arrangement of Sections
Section Title
part i
PRELIMINARY PROVISIONS
1. Short title.
2. Application.
3. Interpretation.
part ii
THE TEACHER’S SERVICE COMMISSION
4. Establishment of Commission.
5. Functions of Commission.
6. Composition of Commission.
7. Committees of Commission.
8. Appointment of Secretary.
9. Oath.
10. Staff of Commission.
11. District offices.
12. Functions of Commission at district level.
13. Appeals.
14. Supervision and administration of welfare of teachers.
15. Remuneration of members.
16. Activity report.
17. Prohibition of unauthorised disclosure of information.
18. Offence of attempt to influence Commission.
part iii
FINANCIAL PROVISIONS
19. Resources of Commission.
20. Estimates of revenue and expenditure.
21. Audit.

ce of attempt to influence Commission.
part iii
FINANCIAL PROVISIONS
19. Resources of Commission.
20. Estimates of revenue and expenditure.
21. Audit.

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630
part iv
MISCELLANEOUS PROVISIONS
22. Regulations.
23. Transitional provision.
part v
CONSEQUANTIAL AMENDMENTS
24. Omitted.
SCHEDULES

48 R.E. 2023]
630
part iv
MISCELLANEOUS PROVISIONS
22. Regulations.
23. Transitional provision.
part v
CONSEQUANTIAL AMENDMENTS
24. Omitted.
SCHEDULES

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PART I
PRELIMINARY PROVISIONS
1. This Act may be cited as the Teacher’s Service Commission Act. 2. This Act shall apply to Mainland Tanzania in respect of
primary and secondary schools teachers employed in the
public service. 3. In this Act, unless the context otherwise requires-
“appointing authority” in relation to teachers, means the
Teachers Service Commission;
“Commission” means the Teacher’s Service Commission
established under section 4 of this Act;
“committee” means committee of the Commission
established under section 7 of this Act;
“disciplinary authority” means any person or authority
vested with powers under this Act to take disciplinary
measures against a teacher and includes a person to
whom those powers have been delegated;
“local government authority” has a meaning ascribed to it
by the Local Government (District Authorities) Act and
the Local Government (Urban Authorities) Act;
“member” in relation to the Commission, includes the
Chairman and other members of the Commission;
Short title
Application
Interpretation
Cap. 287
Cap.

member” in relation to the Commission, includes the
Chairman and other members of the Commission;
Short title
Application
Interpretation
Cap. 287
Cap.

288
CHAPTER 448
THE TEACHERS’ SERVICE COMMISSION ACT
An Act to establish the Teachers’ Service Commission, to provide for its
functions and obligations and to provide for matters related thereto. [1st April, 2016]
[GN. No. 112 of 2016]
Act No. 25 of 2015

n, to provide for its
functions and obligations and to provide for matters related thereto. [1st April, 2016]
[GN. No. 112 of 2016]
Act No. 25 of 2015

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632
“Minister” means the Minister responsible for local
government;
“public service” has the meaning ascribed to it under the
Public Service Act;
“the service” means the teacher’s service;
“teachers’ service” means the unified service of all teachers
in the public service; and
“teacher” means a person registered as a teacher and
who pursued a teaching training course in a registered
teachers’ college or university. PART II
THE TEACHER’S SERVICE COMMISSION
4. There is hereby established a commission under the
Ministry responsible for local government which shall be
known as the Teachers’ Service Commission. 5.

re is hereby established a commission under the
Ministry responsible for local government which shall be
known as the Teachers’ Service Commission. 5.

The functions of the Commission shall be to-
(a) maintain and administer the teachers’ service;
(b) advise the Minister on administration and maintenance
of the teachers’ service;
(c) appoint, promote and discipline teachers;
(d) to ensure equitable deployment and distribution of
teachers among and within local governments and
schools;
(e) determine appeals from decisions of disciplinary
authorities;
(f) maintain a register and records of all teachers who are
in the service;
(g) supervise teachers in-service training programmes;
(h) conduct research and evaluation on matters relating to
teachers’ service and advise the Minister accordingly;
(i) to assess the teachers situation and advise the Minister
responsible for teachers training on the number, type
and level of teachers needed in the country;
Cap. 298
Establishment
of Commission
Functions of
Commission

le for teachers training on the number, type
and level of teachers needed in the country;
Cap. 298
Establishment
of Commission
Functions of
Commission

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THE TEACHERS’ SERVICE COMMISSION ACT [CAP. 448 R.E. 2023]
(j) prescribe code of ethics and conduct of teachers’
service;
(k) maintain communication with district offices and on all
or any matter relating to the development of teachers’
service; and
(l) do any other thing or act, which in the opinion of
the Minister, is conducive or incidental to the better
carrying out of its functions.

vice; and
(l) do any other thing or act, which in the opinion of
the Minister, is conducive or incidental to the better
carrying out of its functions.

6.–(1) The Commission shall be composed of-
(a) a Chairman to be appointed by the President;
(b) eight other members to be appointed by the Minister,
being-
(i) a representative from President Office, Public
Service Management;
(ii) a representative from the Office of the Attorney
General;
(iii) a representative from the Ministry responsible for
education who has experience in school quality
assurance;
(iv) a representative from the Ministry responsible for
local government;
(v) a representative from the National Council for
Technical Education;
(vi) two representatives from the teachers trade
union, being a representative of primary school
teachers and a representative of secondary school
teachers; and
(vii) the Commissioner for Budget or his representative. (2) A person shall be qualified for appointment as a
Chairman who-
(a) is a Tanzanian citizen;
(b) possess at least a degree in education, public
administration, human resource, financial management
or law from a university recognised by an accreditation
body in Tanzania; and
Composition of
Commission

stration, human resource, financial management
or law from a university recognised by an accreditation
body in Tanzania; and
Composition of
Commission

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634
(c) has at least ten years experience in public administration,
human resource or financial management and
demonstrated ability of, and capacity in dealing with
teachers’ affairs. (3) In appointing members of the Commission, the
Minister shall ensure that both men and women are appointed
on grounds of merit. (4) The provisions of the First Schedule shall have effect as
to procedure at meetings, tenure of members and other matters
relating to the Commission. 7.–(1) The Commission may, for the purpose of facilitating
performance of its functions, form such number of committees
to perform specific functions as the Commission may
determine. (2) The size, terms and conditions of the committees shall
be as may be determined by the Commission. 8.–(1) There shall be a Secretary to the Commission who shall
be appointed by the President.

mmittees shall
be as may be determined by the Commission. 8.–(1) There shall be a Secretary to the Commission who shall
be appointed by the President.

(2) A person shall be qualified for appointment as a
Secretary if that person-
(a) is a Tanzanian citizen;
(b) posses at least a degree in education, public
administration, human resource, financial management
or law from a university recognised by an accreditation
body in Tanzania; and
(c) has at least ten years experience in public administration,
human resource or financial management. (3) The Secretary shall be the chief executive officer of the
Commission and shall be responsible for the co-ordination of
functions of the Commission. 9. The Chairman and the Secretary of the Commission shall,
on first appointment, each take and subscribe to an oath or
affirmation in a form set out in the Second Schedule. Committees of
Commission
Appointment of
Secretary
Oath

nt, each take and subscribe to an oath or
affirmation in a form set out in the Second Schedule. Committees of
Commission
Appointment of
Secretary
Oath

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THE TEACHERS’ SERVICE COMMISSION ACT [CAP. 448 R.E. 2023]
10.–(1) There shall be recruited and employed in the office
of the Commission, such number of public officers in such
categories and levels as the Commission may, with approval of
the Permanent Secretary (Establishment), determine. (2) The office of the Commission shall be public office. (3) Without prejudice to subsection (1), the current public
officers and employees of the Teachers’ Service Department
shall be deemed to have been recruited and employed by the
Commission under such terms and conditions which are not
less favourable than the terms and conditions of employment
under the Teachers’ Service Department. 11.–(1) There shall be offices of the Commission at district
level with such number of staff as may be determined by the
Commission. (2) Each district office shall, subject to direction of the
Commission, perform functions of the Commission and
report to the Commission on its performance.

ch district office shall, subject to direction of the
Commission, perform functions of the Commission and
report to the Commission on its performance.

(3) The Minister may, on the advice of the Commission,
make regulations prescribing procedures for performance of
functions of the Commission by the district office. 12.–(1) In performing functions conferred by this Act, each
district office shall-
(a) keep and maintain an updated register of all teachers
under its jurisdiction who are employed in the public
service;
(b) keep and maintain an updated seniority list for all
teachers under their jurisdiction;
(c) ensure that teachers appointed in the service fill and
sign letter of appointment before reporting to their
respective stations;
(d) recommend to the Commission for approval of
re-appointment of teachers formerly terminated from
the service provided that such a teacher shall have been
out of service for a period of not less than twelve months
from the date of receipt of the letter of termination;
Staff of
Commission
District offices
Functions of
Commission at
district level

an twelve months
from the date of receipt of the letter of termination;
Staff of
Commission
District offices
Functions of
Commission at
district level

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636
(e) maintain records in open and confidential files and
submit service particulars to other districts in the event
of the teacher’s transfer;
(f) uphold and maintain the code of ethics and conduct
for teachers;
(g) exercise disciplinary powers over teachers under its
jurisdiction; and
(h) carry out such other functions as may be prescribed or
conferred to it by the Commission. (2) For the purpose of subsection (1)(g), disciplinary powers
at the school level in respect of offences which do not warrant
punishment of dismissal, reduction in rank or reduction in
salary, shall be exercised by the head of the school. 13.–(1) Where a teacher is aggrieved by the decision of the
head of school, he may appeal to the Commission at the
district level. (2) Where a teacher is aggrieved by the decision of the
Commission at the district level, he may appeal to the
Commission. (3) Appeals against the decision of the Commission shall be
referred to the President for determination.

trict level, he may appeal to the
Commission. (3) Appeals against the decision of the Commission shall be
referred to the President for determination.

14.–(1) The supervision and administration of primary and
secondary school teachers shall be the responsibility of the
local government authorities. (2) In administering the welfare of teachers, the local
government authorities shall comply with the terms and
conditions pertaining to employment and welfare of the
teachers as shall be prescribed by the Commission. (3) For the purpose of this section, the Commission at
the district level shall convene consultative meetings with
the District Executive Director to deliberate on the matters
pertaining to teachers in the district and advise accordingly. 15. Members of the Commission shall be paid such allowances
and other benefits as may be determined by the Minister. Appeals
Supervision and
administration
of welfare of
teachers
Remuneration of
members

owances
and other benefits as may be determined by the Minister. Appeals
Supervision and
administration
of welfare of
teachers
Remuneration of
members

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THE TEACHERS’ SERVICE COMMISSION ACT [CAP. 448 R.E. 2023]
16. The Commission shall, for each financial year, prepare and
submit to the Minister a report containing detailed information
of its activities and operations. 17.–(1) A member, officer of the Commission or any other
person shall not, without the written permission of the
Minister, publish or disclose to any unauthorised person
or otherwise than in the cause of duty, the contents of any
document, communication or information of any kind which
has come to his knowledge in the course of performance of
functions under this Act.

ts of any
document, communication or information of any kind which
has come to his knowledge in the course of performance of
functions under this Act.

(2) A person who knows of any information which, to his
knowledge has been disclosed in contravention of this section
and who publishes or communicates such information to any
other person for purposes other than proceedings in the court
of law that has been commended pursuant to this Act or in
the exercise of official functions, commits an offence and on
conviction shall be liable to a fine of not less than five hundred
thousand shillings or to imprisonment for a term of twelve
months or to both. (3) this section shall not be construed as prohibiting any
person from giving a certificate or testimonial to any applicant
or candidate for any office or from supplying any information
or assistance at the request of the Commission. 18.–(1) Without prejudice to the provisions of any other
written law, every person who otherwise than in the cause of
duty, directly or indirectly, personally or by any other person
influence or attempts to influence in any manner a decision
of the Commission, commits an offence and on conviction,
shall be liable to a fine not exceeding five hundred thousand
shillings or to imprisonment for a term not exceeding twelve
months or to both.

viction,
shall be liable to a fine not exceeding five hundred thousand
shillings or to imprisonment for a term not exceeding twelve
months or to both.

(2) A prosecution in respect of an offence under this section
shall not be instituted without consent of the Director of Public
Prosecutions. Activity report
Prohibition of
unauthorised
disclosure of
information
Offence of
attempt to
influence
Commission

the Director of Public
Prosecutions. Activity report
Prohibition of
unauthorised
disclosure of
information
Offence of
attempt to
influence
Commission

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638
PART III
FINANCIAL PROVISIONS
19.–(1) The funds of the Commission shall consist of such
moneys appropriated by Parliament for purposes of the
Commission. (2) All funds allocated in terms of subsection (1) shall be-
(a) disbursed directly by the Treasury to the respective
district office bank account which shall be opened in
accordance with public financial laws; and
(b) administered in accordance with the Public Finance Act. 20. The Commission shall, in respect of each financial year,
prepare and submit to the Minister estimates of its revenue
and expenditure and the Minister shall examine the same and
table before the National Assembly. 21. Accounts of the Commission shall be audited once in
every financial year by the Controller and Auditor-General in
accordance with the Public Audit Act. PART IV
MISCELLANEOUS PROVISIONS
22.–(1) The Minister may, upon consultation with the
Commission, make regulations for the better carrying out of
the provisions of this Act.

ROVISIONS
22.–(1) The Minister may, upon consultation with the
Commission, make regulations for the better carrying out of
the provisions of this Act.

(2) Without prejudice to the generality of subsection (1),
the Minister shall make regulations-
(a) prescribing procedures for recruitment, appointment
and deployment of teachers;
(b) prescribing matters related to teachers development;
(c) prescribing the manner and procedure by which welfare
of teachers, including payment of salaries, allowances
and pension shall be administered;
Resources of
Commission
Cap. 348
Estimates of
revenue and
expenditure
Audit
Cap. 418
Regulations

laries, allowances
and pension shall be administered;
Resources of
Commission
Cap. 348
Estimates of
revenue and
expenditure
Audit
Cap. 418
Regulations

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THE TEACHERS’ SERVICE COMMISSION ACT [CAP. 448 R.E. 2023]
(d) prescribing procedures for disciplinary matters related
to teachers; and
(e) providing for any matter necessary or ancillary to the
furtherance of objectives and purposes of this Act. 23. The Minister may, by order published in the Gazette, at any
time before expiry of six months from the commencement of
this Act, make such transitional and supplementary provisions
necessary to give effect to the provisions of this Act in respect
of maintaining continuity of the Commission. PART V
CONSEQUANTIAL AMENDMENTS
24. [Omitted.]
FIRST SCHEDULE
(Made under section 6(4))
PROCEDURE AT MEETINGS, TENURE OF MEMBERS
AND MATTERS RELATING TO THE COMMISSION
1. The Commission shall elect one of its members to be the
Vice-Chairman and any member elected as a Vice-Chairman shall,
subject to his continuing to be a member, hold office of Vice-Chairman
for a term to be fixed by the Commission and shall be eligible for
re-election after the end of such period.

be a member, hold office of Vice-Chairman
for a term to be fixed by the Commission and shall be eligible for
re-election after the end of such period.

2.–(1) Subject to the provisions of subparagraphs (2) and (3), a member
mayhold office for a period of three years from the date of appointment
and shall be eligible for re-appointment. (2) Where a member of the Commission other than the Chairman is
for any reason unable to perform duties as a member of the Commission,
the Minister may revoke his appointment and appoint another member
for the period during which the member is disabled. (3) A member of the Commission may resign by notice in writing
addressed, in the case of the Chairman, to the President and in case of
any other member, to the Minister and as from the date specified in such
notice, such member shall cease to be a member of the Commission or
if no date is specified from the date of receipt of the letter. Transitional
provision
Omitted
Vice-Chairman
Tenures of
members

r of the Commission or
if no date is specified from the date of receipt of the letter. Transitional
provision
Omitted
Vice-Chairman
Tenures of
members

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640
(4) A member who fails to attend three consecutive meetings of the
Commission or Committee without reasonable cause shall be deemed
to have ceased to be a member of the Commission or Committee, as
the case may be. 3. Validity of any proceedings of the Commission shall not be affected
by any vacancy amongst members thereof or by a defect in the
appointment of any member. 4. The Secretary to the Commission shall attend all meetings but shall
not vote at such meetings. 5.–(1) The Commission shall meet at least four times per year or in such
time and place as the Chairman may appoint. (2) The Chairman, may at any time, convene a special meeting of the
Commission and shall-
(a) call a meeting within twenty-one days of receiving a written
request in that behalf specifying the reason for the meeting and
addressed to him and signed by not less than six members of the
Commission; or
(b) call a meeting when so directed by the Minister.

or the meeting and
addressed to him and signed by not less than six members of the
Commission; or
(b) call a meeting when so directed by the Minister.

(3) At any meeting of the Commission not less than two third of the
members in office for the time being shall constitute a quorum. 6. The Chairman may invite any person to attend a meeting of the
Commission, and any such person may take part in the proceedings of
that meeting but shall not be entitled to vote. 7.–(1) The Chairman shall preside at all meetings of the Commission. (2) Where at any meeting the Chairman is absent, the Vice-Chairman
shall preside. (3) In the absence of both the Chairman and Vice-Chairman at any
meeting, members present may, from amongst their number elect a
temporary Chairman who shall preside at the meeting. (4) The Chairman, Vice-Chairman or temporary Chairman presiding
at any meeting, shall have a vote and, in the event of an equality of votes,
shall have a casting vote in addition to his deliberative vote. 8. Subject to the provisions of this Act, the Commission may regulate
its own procedure. Validity of any
proceedings
Secretary of
Commission
Meetings and
quorum
Invitation of
non-members
Power of
Chairman and
Vice-Chairman
Commission to
regulate its own
procedure

ngs
Secretary of
Commission
Meetings and
quorum
Invitation of
non-members
Power of
Chairman and
Vice-Chairman
Commission to
regulate its own
procedure

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THE TEACHERS’ SERVICE COMMISSION ACT [CAP. 448 R.E. 2023]
SECOND SCHEDULE
(Made under section 9)
OATH/AFFIRMATION BY CHAIRMAN AND SECRETARY
I, …………………………………………………………… having been
appointed as Chairman/Secretary of the Teachers’ Service Commission,
do swear/affirm that I shall freely and without fear or favour, affection
or ill-will, discharge the functions of Chairman/Secretary of the
Commission, and that I shall not directly or indirectly reveal any
matters relating to such functions to any unauthorised person or
otherwise than in the course of duty.
SO HELP ME GOD
Sworn/Affirmed before me this ………….day of………………..20….
Before me ……………………………………………
President/Minister

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