Local Government Service Act
- Assented to on 23 January 1982
- Commenced on 1 February 1983
- [This is the version of this document at 31 December 2014.]
- [Note: This version of the Act was revised and consolidated in the Fifth Revised Edition of the Laws of Malawi (L.R.O. 1/2018), by the Solicitor General and Secretary for Justice under the authority of the Revision of the Laws Act.]
Part I – Preliminary
1. Short titleThis Act may be cited as the Local Government Service Act.
2. InterpretationIn 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
4. Election to join the ServiceAny 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 monthsAfter 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 ServiceAny 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 retirementIn 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 of service of such person in the local authority shall be calculated in accordance with the relevant and applicable provisions of that local authority in force immediately prior to the date of commencement of this Act, and such part of the pension or gratuity, as the case may be, as is attributable to the length of service of such person in the Service shall be calculated in accordance with such regulations made under this Act as are relevant and applicable thereto on the date of such person’s retirement.
8. Effect of non-election to join the ServiceAny person entitled to elect to join the Service pursuant to section 4 who does not do so within the time prescribed by that section, shall be deemed to have retired from his employment by a local authority on the day immediately before the date of commencement of this Act.
Part II – Establishment of the Local Government Service Commission
9. Establishment and composition of the Service Commission
10. Disqualification from membership of CommissionAny person who—
11. Tenure of office of members or office of Commission
12. Remuneration and allowances of members of CommissionThe Chairman and other members of the Commission shall receive such remuneration and allowances as may, from time to time, be approved by the Minister.
Part III – Administration
13. Secretary to the Commission
14. Deputy Secretary to the CommissionThere shall be a Deputy Secretary to the Commission designated as such by the Minister who shall, in the absence of the Secretary, act in his place and stead.
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 CommissionThe funds of the Commission shall consist of—
17. Annual budgetThe Commission shall draw up, in respect of each financial year, an annual budget showing the estimated expenditure on capital and revenue account, and shall submit the budget annually for the approval of the Minister.
18. Books, accounts, audit and reports
Part VI – Miscellaneous
19. RegulationsThe Minister may, by notice published in the Gazette make regulations for the better carrying into effect of this Act.
20. Non-application of ActThe provisions of this Act shall not apply to—
History of this document
01 February 1983
23 January 1982