PUBLIC SERVICE ORDERS (SECOND EDITION)

REPUBLIC OF SEYCHELLES

PUBLIC SERVICE ORDERS (SECOND EDITION)

JUNE 1996

(Updated based on circulars issued between 1996 and Dec 2003)

Chapter

TABLE OF CONTENTS Subject

Part 1 : Preliminary

Title/introduction / Objectives

Part 2: Interpretation

Chapter 1

Glossary/definition/ Interpretation

Part 3: Public Service

Chapter 2

Organisation of government and structure of the public service

Chapter 5

Code of conduct and discipline

Part 4: Seychelles Public Service Employees general

Chapter 3

Appointments, promotions, postings and transfers

Chapter 4 Chapter 6

Salaries, increments, enhancements of salaries, advances of salaries and wages Retirement, resignation and termination of appointments

Part 5: Seychelles Public Service Employees ? Incentives

Chapter 7

Leave

Chapter 8

Allowances

Chapter 9

Transport and travelling

Chapter 10

Training

Chapter 11

Housing

Chapter 12

Pensions, gratuities and social security benefits

Part 6: Seychelles Public Service Employees ? Miscellaneous

Chapter 13

Correspondence and general office routine

Chapter 14

Miscellaneous

Part 7: The Public Service Chief Executives/ Heads of Missions

Part 8: Appendices

Appendix A: Appendix B:

Procedure for undertaking formal proceedings in disciplinary cases under Order 110 Guidelines for applying disciplinary action ? Order 112

Appendix C: Appendix D:

Procedure for termination of appointment (on grounds other than misconduct ? Order 133 Disposal of records ? Orders 308

Appendix E:

Official Secrets Declaration ? Order 39

Order

1 - 2

3-5

11-18 81-121

21-54 61-71 131-139

141-156 161-180 191-203 221-223 231-251 261-271

281-307 321-330

CHAPTER I

INTRODUCTION -DEFINITIONS-INTERPRETATION

INTRODUCTION

1. GENERAL

(a) These Public Service Orders (hereinafter referred to as "Orders") are Orders of the President and are issued under the President's authority by the Minister of Administration and Manpower Development who has been assigned by the President under Article 70 of the Constitution with the responsibility of the organisation, development and administration of the Service. The terms and conditions of service of all employees shall, subject to the provisions of these Orders and to the directions of the President, be determined by the Principal Secretary of the Ministry of Administration and Manpower Development.

(b) This, the Third Revised Edition of Public Service Orders, contains the general conditions of service for the Public Service of the Republic of Seychelles. It is effective from the 1st January 2001 and replaces all editions of the previous Orders as amended from time to time. Many of the changes which have been introduced in recent years and which have all been incorporated in these Orders have been published in circulars or promulgated under the relevant legislation.

(c) It is emphasized that although these Orders have no legislative force, they are published by authority of the President. Whereas the provisions of these Orders are normally consistent with the legislation, should they be in any way at variance with the terms of any legislation, the terms of such legislation will naturally prevail. Thus no amending legislation is required in order to vary the provisions of these Orders and they may be modified by any special terms contained in the agreements or letters of appointment of individual employees or by circular instructions.

(d) To ensure that the Public Service continues to be a progressive, modern employer these Orders are to be followed in order to maintain equity and impartiality in handling personnel matters. (It is also emphasized that the Public Service is a good modern employer. The orders are to be strictly adhered to in order to maintain equity and impartiality in handling personal matters. 1996 version) Personnel procedures must be uniform and must be well understood by all members of the Public Service. The Orders are intended to provide equitable and impartial answers, read in conjunction with the laws of Seychelles, to all ordinary problems of Public Service administration. Nonetheless, no regulation however carefully framed, can be expected to cover every eventuality and every set of circumstances. Therefore, where special circumstances indicate that the provisions of the relevant Orders are inappropriate, or would cause hardship, a case may/must be submitted to the Principal Secretary of the Ministry of

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Administration and Manpower Development (of the ministry for processing where justified -1996) requesting a variation of the provisions concerned in the particular instance. ...1996 cont.. Except as specifically provided, however, no variation from these orders will be authoritative without the prior approval of the Principal Secretary of the ministry.

(e) These Orders make provision for what is specifically authorized. Where no provision exists, it should be assumed that there is no authority and therefore in such case, a request must be submitted to the Principal Secretary of the Ministry of Administration and Manpower Development for approval.

(f) where any expenditure has been incurred by government -1996 Where Government has incurred any expenditure as a result of anything done by

an employee without authority, or in excess of his/her authority, arising from either these Orders or any law, it shall be recovered from the person who benefitted. The employee who has incurred such expenditure may be surcharged by the Principal Secretary of the Ministry of Finance with all or part of the irregular payment in accordance with PART VII of the Public Finances (Control and Management) Act, 1974.(No.16 of 1974)

(g) An employee who is concerned with the administration and operation of personnel matters within a Public Service organisation, (ministry, department or division) must regard it as a major duty and responsibility to foster good relations within the Public Service, and at times to be ready to help employees with their personal problems, and to explain the benefits to which they are entitled within the framework of these Orders and by, or under, any law.

(h) It is the duty of all employees to be acquainted with these Orders. The Orders shall be readily available for consultation, and it shall be the duty of heads of organizations (Principal Secretaries, heads of sections and divisions) to ensure that all employees in their ministries/departments/divisions have access to a copy.

(i)

All copies of these Orders are and shall remain the property of

Government. Employees to whom copies are issued are personally

responsible for keeping their copies up-to-date with all amendments

inserted and registered. Amendments to these Orders will be issued by the

Principal Secretary of the Ministry of Administration and Manpower

Development.

(j)

An employee shall not be allowed either to benefit or lose by any error or

omission, which may have occurred in the compilation of these Orders.

2.

EXEMPTION OF CERTAIN OFFICES /PERSONS

(a) These orders shall not apply to the holders of the following offices in so far as they are inconsistent with the provisions of the Constitution:-

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(i) The office of President, Vice President or Minister ? not in 1996 version

(ii) President of the Court of Appeal (iii) Chief Justice

(iv) Justices of Appeal

(v) (Puisne ? not in 1996) Judges

(vi) Attorney General

(vii) Auditor General

(viii) Ombudsman

(ix) Electoral Commissioner

(b) Unless specifically excluded under particular Orders, these Orders shall, insofar as they are not inconsistent with any legislation, apply to members of the disciplined services except those in the Seyc helles People's Defence Forces and in the Police Force.

3.

DEFINITIONS

For the purposes of these Orders, the following words, phrases or terms will have the meanings shown below unless the context otherwise requires:-

"Accounting Officer" means any Principal Secretary, Head of Department or other employee whose duties involve overall departmental responsibility in connection with public monies and public stores; and all other assets

"Appointing authority" means any person having power under these Orders to make appointments and promotions to any public office and includes any persons to whom such powers have been delegated;

"Appointment" means:-

(a) the conferment of a public office or position upon a person whether or not that person is already in the Public Service and shall include the exercise by Principal Secretaries of authority delegated to them by the President; or

(b) the conferment upon an employee of the same or other office by way of extension or renewal of his/her contracted terms and conditions of employment for a further specified period following the expiration of his/her original contract; or

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