Education Service Act, 2002
Education Service Commission Regulations, 2012
Statutory Instrument 51 of 2012
- Published in Uganda Gazette 43 on 3 August 2012
- Assented to on 24 July 2012
- Commenced on 3 August 2012
- [This is the version of this document from 3 August 2012.]
Part I – Preliminary
1. TitleThese Regulations may be cited as the Education Service Commission Regulations, 2012.
2. InterpretationIn 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 public service;“public service” means any service in any civil capacity of the Government the emoluments for which are payable directly from the Consolidated Fund or directly out of monies appropriated by Parliament;“responsible officer” means—(a)the permanent secretary of the ministry responsible for education;(b)the chief administrative officer at the district; and(c)the town clerk at the city and municipal council;“responsible Permanent Secretary” means the Permanent Secretary responsible for public service;“salary” means basic salary;“scheme of service” means the scheme of service for teaching personnel in the education service issued by the Commission in 2008;“Secretary” means the Secretary to the Commission appointed under section 9 of the Act;“statutory office” means an office specified under article 171 of the Constitution of the Republic of Uganda, 1995;“teacher” means a person who has successfully completed a course of training approved by the Ministry responsible for education and has been entered on the register of teachers;“teacher with disability or impairment” means a teacher with an impairment or a disability;“unauthorized person” means a person without approval or permission of the relevant authorities.
Part II – Meetings and other matters related to the Commission
3. Presiding at meetingsEvery 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.
4. Quorum and validity of proceedings
5. Record of meetingsThe Secretary shall keep a record of the members present and of the business transacted at every meeting of the Commission.
6. Decision by circulation of papers
7. DissentA 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.
8. Powers to co-opt
9. Decision of the Commission
10. Consultations and selection boardIn exercising its powers in connection with the appointment of an officer, the Commission may—
11. Obligation to hear responsible officerThe Commission shall at the request of a responsible officer—
12. Irregular presentationsThe Commission shall not, in the performance of its functions, take into account any submissions made to it other than in accordance with these Regulations.
13. Relevant documents to be submitted
15. Submission of documents
Part III – Appointment, confirmation and promotion
17. Procedure and application forms
18. Filling of vacancies
19. Recruitment outside UgandaWhere 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.
20. Acceptance of offer of appointment
21. Probationary appointment
22. Acting appointments in statutory offices
23. Renewal of contractsWhere 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.
24. Promotion of teachers
25. Appointment on transferAn officer may be appointed on transfer within service in accordance with the Uganda Public Service Standing Orders, 2010.
Part IV – Discipline
27. Disciplinary action which the Commission may take
29. Suspension on criminal conviction
30. Report on the institution of criminal proceedings
31. Procedure when criminal offence may have been committed
32. Effect of acquittal on criminal chargesAn 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.
33. Decision on disciplinary proceedings to be communicated to the officer concernedWhere disciplinary proceedings have been taken against an officer, he or she shall be informed—
34. Misconduct justifying dismissal
35. Procedure for misconduct not justifying dismissal
36. Retirement in public interest
37. Procedure on criminal conviction
38. Action against an officer
39. Service of documentsWhere 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.
Part V – Miscellaneous
40. ApplicationThese Regulations shall apply to all officers in the Education Service.
41. Teacher disability assessment reportsTeacher disability assessment reports shall be accessed from relevant assessment centres in the country.
42. Revocation and transition
History of this document
03 August 2012 this version
24 July 2012