Education Service Commission Regulations, 2012

Section Title Section These Regulations may be cited as the Education Service Commission Regulations, 2012.

Section Interpretation Section In these Regulations, unless the context otherwise requires— “ Act ” means the Education Service Act, 2002; “ Chairperson ” means the Chairperson of the Education Service Commission ; “ Commission ” means the Education Service Commission established by article 167 of the Constitution of the Republic of Uganda, 1995; “ Deputy Chairperson ” means Deputy Chairperson of the Education Service Commission ; “ disability ” means a substantial functional limitation of daily life activities caused by physical, mental or sensory impairment and environmental barrier resulting in limited participation; “ education service personnel ” includes a teacher and other professional, administrative and support staff as may be appointed by the Commission ; “ impairment ” refers to any loss or abnormality of psychological, physical, neurological or anatomic function or structure; “ member ” means a member of the Education Service Commission ; “ Ministry ” means the Ministry responsible for Education; “ officer ” means a public officer who constitutes the Education Service under section 3 of the Act ; “ public officer ” means a person holding or acting in an office in the pu...

Section Consultations and selection board Section In exercising its powers in connection with the appointment of an officer , the Commission may— consult with any other person or persons; or seek the advice of selection boards constituted by the Chairperson of the Commission .

Section Obligation to hear responsible officer Section The Commission shall at the request of a responsible officer — hear from the responsible officer personally in connection with any recommendation by him or her to the Commission ; or receive written representations, the responsible officer may make on any matter relating to the performance by the Commission or its functions.

Section Irregular presentations Section The Commission shall not, in the performance of its functions, take into account any submissions made to it other than in accordance with these Regulations.

Section Relevant documents to be submitted Section A public officer who submits a matter for consideration to the Commission shall ensure that all relevant documents are made available to the Commission . Where the Commission requires a police report, it shall request for the report through the responsible officer . The responsible officer shall submit the request to the Inspector General of Police. Where the Commission requires the production of any other documents or information relevant to the matter under consideration, the relevant documents or information shall be submitted to the Commission by the responsible officer .

Section Correspondence Section All correspondences and documents for the Commission shall be addressed to the Secretary . Documents submitted for consideration by the Commission shall be forwarded in triplicate unless otherwise directed by the Secretary .

Section Submission of documents Section Documents submitted to the Commission by an officer , shall be sent through the responsible officer . Documents submitted to the responsible officer shall unless otherwise prescribed in these Regulations be sent directly to the Commission .

Section Presiding at meetings Section Every meeting of the Commission shall, be presided over by the Chairperson or in his or her absence the Deputy Chairperson , or in the absence of both the Chairperson and the Deputy Chairperson by a Member designated by the President to act as Chairperson under article 167(8), of the Constitution of the Republic of Uganda, 1995.

Section Quorum and validity of proceedings Section Four members of the Commission including the Chairperson shall constitute a quorum. The validity of any proceedings of the Commission shall not be affected by a vacancy in its membership or by any defect in appointment or qualifications of a member or by reason that a person not entitled took part in its proceedings.

Section Record of meetings Section The Secretary shall keep a record of the members present and of the business transacted at every meeting of the Commission .

Section Decision by circulation of papers Section Except in the case of matters relating to appointment, discipline, reviewing and making recommendations on the terms and conditions of service in the Education Service, decisions may be made by the Commission without a meeting, by circulation of the relevant papers among members of the Commission and the expression of their views in writing. Without prejudice to sub-regulation (1), any member may request the Commission to defer the decision until the subject matter has been considered at a meeting of the Commission and upon such request, the decision shall stand deferred.

Section Dissent Section A member shall be entitled to dissent from a decision of the Commission and to have his or her dissent and his or her reasons set out in the records of the Commission .

Section Powers to co-opt Section The Commission may co-opt any person who, in the opinion of the Commission has expert knowledge concerning the function of the Commission , or who is likely to be of assistance to the Commission to attend and take part in the proceedings of the Commission . A person attending a meeting under this regulation may take part in any discussion at the meeting on which his or her advice is required but shall not have any right to vote at that meeting.

Section Decision of the Commission Section Decisions of the Commission shall be communicated to the responsible officer in form of minutes. In the case of Heads of Departments, the decision shall be communicated to the Responsible Permanent Secretary . The Commission shall not communicate reasons for its decisions.

Section Appointment Section The Commission shall, in exercising its functions in regard to appointment in the Education Service— Where a post cannot be filled either by— Where a post is to be advertised under sub-regulation (3), the Commission may— have regard to the maintenance of a high standard of efficiency and transparency necessary in the public service ; and give due consideration to qualified personnel serving in the Education Service. In case of promotion of personnel in the Education Service, the Commission shall take into account qualifications, experience and merit before seniority in the Education Service. the appointment or promotion of an officer ; or by the appointment of a suitable person who has successfully completed a course of study or training acceptable to the Commission , restrict the circulation of an advertisement to persons who are already in the Education Service; or advertise outside Uganda. The Commission shall determine the form of the advertisement to be used under this regulation.

Section Procedure and application forms Section The Commission shall determine the procedure to be followed in dealing with applications for appointment to the Education Service. The Commission shall determine the format of the application forms to be used in connection with the discharge of its functions.

Section Filling of vacancies Section Where the responsible officer recommends that the vacancy should be filled by the appointment of an officer , he or she shall, when reporting the vacancy to the Secretary — Where a vacancy occurs or if it is known that a vacancy shall occur in any public office within the Education Service, the responsible officer shall notify the Secretary of the vacancy. forward a list of all eligible officers qualified for the appointment, accompanied by their record of service and three most recent annual appraisal reports of each candidate; and recommend one of the officers to fill the vacancy giving reasons for the recommendation.

Section Recruitment outside Uganda Section Where a responsible officer is informed by the Secretary that the Commission has decided that a particular vacancy should be filled by recruitment from outside Uganda, he or she shall prepare the appropriate form and transmit it to the Secretary who shall verify the particulars.

Section Acceptance of offer of appointment Section The responsible officer shall notify the successful candidate and issue him or her with a letter of appointment within two months from the date of appointment. The appointee shall in writing notify the responsible officer of his or her acceptance or refusal of the offer, within thirty days after the date of receipt of the letter of appointment, failure of which the offer shall automatically be withdrawn. The appointee shall notify the responsible officer and copy to the Secretary his or her acceptance or refusal of the appointment. Where the appointee does not report for duty within sixty days after receiving the letter of posting, the responsible officer shall report, the case and declare the vacancy to the Secretary . Where the responsible officer receives notification under sub-regulation (2), he or she shall notify the Commission of the vacancy.

Section Probationary appointment Section The responsible officer shall, within one month before the expiration of the period of probation of an officer , consider whether— Where the responsible officer , after considering the matters referred to in sub-regulation (2) is of the opinion— On the expiration of the period of twenty-one days under sub­regulation (5), the responsible officer shall forward to the Secretary — Appointment to a pensionable office in the Education Service shall be preceded by a six months probationary period which shall count from the date of assumption of duty. the officer should on the expiration of the probation, be confirmed in a pensionable office; the officer should be subjected to a further period of probationary service; or the officer ’s service be terminated. that an officer should be confirmed in a pensionable office, he or she shall forward to the Secretary his or her recommendation that the officer be confirmed; or that the work and conduct of an officer has been of a standard to justify confirmation in a pensionable office but, the officer has not completed the examinations required for his or her confirmation, the responsible officer shall forwa...

Section Acting appointments in statutory offices Section Where for any sufficient reason, there is no officer available to perform the functions of an officer holding a statutory office , the responsible officer shall report the matter to the Secretary recommending for consideration by the Commission , the name of an officer for appointment to act in that office. Where an appointment is recommended under sub-regulation (1), the responsible officer shall inform the Secretary of his or her reasons for recommending that officer to act in that post. All acting appointments by the responsible officer shall be approved by the Commission within three months after they are made. Where an acting appointment has been authorised by the Commission , the acting appointment shall be for a period not exceeding six months after which the acting officer may be considered for substantive appointment to the post, renewal of acting appointment or reversion to his or her former appointment.

Section Renewal of contracts Section Where an officer is serving under a contract for a specified period, the responsible officer shall forward to the Secretary , two months before the officer 's contract expires notification of the date of expiration of the contract and his or her recommendation whether or not the contract should be renewed.

Section Promotion of teachers Section A teacher in the Education Service shall, be promoted within his or her rank and administrative posts in accordance with the scheme of service for teaching personnel in the Education Service, 2008. A teacher who wishes to be considered for promotion shall apply to the Commission when the Commission advertises posts by completing the prescribed form. A teacher who has had a disciplinary case and is found guilty shall not be considered for promotion until he or she has completed two years of service after the guilty verdict.

Section Appointment on transfer Section An officer may be appointed on transfer within service in accordance with the Uganda Public Service Standing Orders, 2010.

Section Misconduct Section A person commits an act constituting misconduct where he or she— An act done without reasonable excuse by an officer , which amounts to failure to perform a duty assigned to him or her, or which contravenes any conduct of the Education Service or brings the Education Service into disrepute shall constitute misconduct. conducts himself or herself in any manner prejudicial to the good image and reputation of the Government or the Education Service; practices favouritism, nepotism or any other form of corruption whether for personal advantage or gain or that of his or her relatives or friends; does not observe punctuality or is absent from duty without permission; is insubordinate, rude or uncooperative; is lazy or produces work of a poor standard or fails to meet set time lines; is untrustworthy or lacks integrity in public transactions; seeks political favour or lobbies in any way; practices political and or religious partiality; engages in private interests at the expense of his or her official duties; divulges official information to an unauthorized person ; is convicted of a criminal offence by a court of law; refuses to comply with a posting instructio...

Section Disciplinary action which the Commission may take Section An officer found guilty of misconduct under these Regulations shall be liable to any of the following disciplinary actions— dismissal; retirement in public interest; reduction in rank and salary ; reduction in salary for a specified period; stoppage of increment for a specified period; withholding of increment for a specified period; deferment of increment; payment of damages for any loss or damage caused by default or negligence; or reprimand. The responsible officer may reprimand an officer under his or her supervision.

Section Interdiction Section Where the responsible officer considers that due to public interest— Where an officer has been interdicted by the responsible officer , the responsible officer shall speed up investigations into the conduct of the interdicted officer , and shall ensure that they are brought to conclusion within a period of— The Ministry , department, school or institution, Auditor General, Inspectorate of Government, the Inspector General of Police, or responsible officer , shall on conclusion of investigations if it is considered that the officer is innocent, or that the case against him or her is not serious enough to warrant criminal prosecution or dismissal— an officer should cease to perform the functions of his or her office; disciplinary proceedings for an officer 's dismissal are being taken or are about to be taken; or criminal proceedings are about to be instituted against an officer , An officer who is interdicted shall receive not less than half of his or her salary . Where disciplinary action or criminal proceedings have been instituted against an officer who has been interdicted and the officer is not subsequently dismissed or, convicted as a result of the...

Section Suspension on criminal conviction Section Where an officer has been convicted of a criminal offence, the responsible officer shall submit a report of the conviction to the Commission . The responsible officer may, if he or she considers it to be in the public interest, suspend the officer from exercising his or her functions under his or her office and shall direct that half of the emoluments of that officer should be paid to him or her pending consideration of his or her case under these Regulations. Where an officer has been suspended by the responsible officer , investigations shall be handled expeditiously and concluded within a period of six months after the date of suspension to have his or her suspension reviewed.

Section Report on the institution of criminal proceedings Section Where criminal proceedings of a nature likely to warrant disciplinary proceedings are instituted against an officer in any court, the responsible officer shall immediately report the facts to the Secretary . Disciplinary proceedings for the dismissal of an officer upon grounds involving a criminal charge shall not be taken until the conclusion of the criminal proceedings and the determination of any appeal arising from the proceedings.

Section Procedure when criminal offence may have been committed Section Where the responsible officer is convinced that a criminal offence likely to warrant disciplinary proceedings may have been committed by an officer , the responsible officer shall consult the Director of Public Prosecutions as to whether he or she intends to institute criminal proceedings against the officer . If the Director of Public Prosecutions does not institute criminal proceedings against the officer , the responsible officer shall consult the Attorney General as to whether disciplinary action should be taken under these Regulations. If the Attorney General advises that disciplinary action should be taken, the responsible officer shall forward to the officer , a statement of the charge against him or her together with a brief statement of allegations on each charge and shall call upon him or her to state in writing, within twenty-one days, any grounds on which he or she relies to exculpate himself or herself.

Section Effect of acquittal on criminal charges Section An officer acquitted of a criminal charge by a court of law shall not be dismissed or otherwise punished on the charge upon which he or she has been acquitted, but nothing in these Regulations shall prevent his or her being dismissed or otherwise punished on any other charges arising out of his or her conduct in the matter.

Section Decision on disciplinary proceedings to be communicated to the officer concerned Section Where disciplinary proceedings have been taken against an officer , he or she shall be informed— of the decision on each act of misconduct which has been preferred against him or her; and of the disciplinary action to be taken against him or her.

Section Misconduct justifying dismissal Section Where the responsible officer is of the opinion that if disciplinary proceedings are instituted against an officer , the proceedings will result in the dismissal of the officer , the responsible officer shall send to the officer — Where the officer — a statement of the charge against him or her; a brief statement of the allegations on which each charge is based; and require him or her, within twenty-one days from the date of receiving the statement of the charge to show cause in writing, why disciplinary proceedings should not be instituted against him or her. The responsible officer shall submit copies of the documents in sub-regulation (1) to the Secretary . does not comply with the provisions of sub-regulation (1) (c); or in his or her grounds of defense does not, in the opinion of the responsible officer , exculpate him or her, Where, upon consideration of the submission made under sub-regulation (2) the Commission is satisfied with the evidence before it, the Commission shall determine what disciplinary action, the officer is liable to. Where the Commission is of the opinion that the evidence before it is not sufficient, it shall...

Section Procedure for misconduct not justifying dismissal Section Where, on consideration of the report and the grounds upon which the officer relies to exculpate himself or herself— Notwithstanding the provisions of this Regulation, if at any stage of the proceedings against an officer it appears to the Commission — Where the responsible officer is of the opinion that it is necessary to institute disciplinary proceedings against an officer but is of the opinion that the misconduct alleged if proved would not be serious enough to warrant dismissal, he or she shall conduct a preliminary investigation which he or she considers necessary. The responsible officer shall forward to the officer a statement of the charges against him or her and shall require the officer , within twenty-one days after the date of receiving the statement of the charge to state in writing grounds on which the officer relies to exculpate himself or herself. Where the officer does not comply with sub-regulation (1), or if his or her grounds of defence do not, in the opinion of the responsible officer , exculpate him or her, the responsible officer shall forward to the Secretary a report on the case, a copy of t...

Section Retirement in public interest Section Where the responsible officer considers that an officer should be retired from the Education Service on the grounds of public interest, the responsible officer may— obtain from the responsible officer of every department in which the officer has served, the relevant information related to his or her work and conduct and compile a report of the findings; inform the officer in writing of the reasons why he or she considers the officer should be retired in public interest; and allow the officer an opportunity to consider the reasons for his or her retirement and reports related to his or her case, and to show cause why he or she should not be retired. Where the responsible officer , after considering the officer ’s statement and having regard to all the circumstances of the case, is of the opinion that the officer should be retired, he or she shall forward to the Secretary the reports and the statement obtained in accordance with sub-­regulation (1) and his or her recommendation. The Commission may, if satisfied with the evidence before it, direct or advise that the officer should be retired in the public interest. Where the report made by...

Section Procedure on criminal conviction Section If an officer is convicted of a criminal charge likely to warrant disciplinary proceedings under these Regulations, the responsible officer shall forward a copy of the charge, the proceedings and the judgment of the court, to the Secretary with his or her recommendations. The Commission shall, give the officer an opportunity to make submissions in writing or to be heard in person. The Commission shall upon consideration of the officer ’s submissions determine whether the officer should be dismissed or subjected to disciplinary action, on account of the conviction for the offence of which he or she has been convicted.

Section Action against an officer Section Where the responsible officer is of the opinion that the conduct of an officer who is serving under probationary or permanent and pensionable terms or on contract or agreement terms is unsatisfactory, he or she shall report the matter to the Commission and submit a report of the officer ’s weakness. The report shall provide details of efforts made to assist him or her to improve. The Commission shall on consideration of the report, determine what action should be taken against the officer .

Section Service of documents Section Where it is necessary to serve a notice, charge or other document upon an officer or to communicate information to an officer , and that officer has absented himself or herself from duty and it is not possible to effect service upon or to communicate information to the officer personally, service of the notice, charge or document by post to their last known address shall be sufficient.

Section Application Section These Regulations shall apply to all officers in the Education Service.

Section Teacher disability assessment reports Section Teacher disability assessment reports shall be accessed from relevant assessment centres in the country.

Section Revocation and transition Section The Teaching Service Commission Regulations, S.I. No. 172 of 1994 and the Public Service (Teachers) (Education Service Commission ) Regulations S.I. 290-1 are revoked. Notwithstanding the revocation under sub-regulation (1), any disciplinary or other proceedings commenced under the revoked regulations shall be construed to have been instituted under these Regulations.