Chief’s Act (Cap. 22:03)

[Chap2203]CHAPTER 22:03 CHIEFS ARRANGEMENT OF SECTIONS SECTION PART I PRELIMINARY 1. Short title 2. Interpretation PART II CHIEFS 3. Offices of Paramount Chief, Senior Chief, Chief and Sub-Chief and areas of their jurisdiction 4. Appointments of the offices of Paramount Chief, Senior Chief, and Chief 5. Appointment of Sub-Chiefs 6. Functions of Paramount Chief 7. Functions of Chief 8. Functions of Sub-Chief 9. Appointment and functions of Group Village Headmen and Village Headmen 10. Acting appointments 11. Removal and suspension of persons holding the office of Paramount Chief, Senior Chief, Chief and Sub-Chief 12. Inquiries 13. Appointment of Chief’s Council 14. Appointment of advisers by Paramount Chiefs, Senior Chief, Chiefs and Sub-Chiefs 15. Exclusion of former Paramount Chiefs, Senior Chief, Chiefs or Sub-Chiefs from specified area 16. Emoluments and Pensions of Chiefs PART III CHIEFS’ STAFF 17. Interpretation 18. Tax Clerks and Messengers 19. Functions of tax clerk 20. Functions and duties of Chief’s Messenger PART IV PRESERVATION OF ORDER 21. Preservation of public peace PART V GENERAL 22. Offences and penalties 23. Arrest without warrant 24. Emoluments and conditions of service of tax clerks and Chief’s Messengers 25. Unusual expenses of Paramount Chiefs, Chiefs and Sub-Chiefs 26. Payments under this Act 27. Saving Schedule 39 of 1967 39 of 1981 5 of 1999 G.N. 36/1969 135/1969 145/1969 167/1969 173/1969 93/1970 127/1970 7/1972 93/1972 128/1973 140/1973 57/1975 111/1975 112/1975 50/1979 112/1981 111/1982 169/1983 13/1985 41/1999 39/2000 40/2000 41/2000 42/2000 43/2000 44/2000 14/2004 15/2004 16/2004 17/2004 18/2004 19/2004 20/2004 21/2004 22/2004 12/2007 13/2007 14/2007 An Act to make provision for the recognition, appointment and functions of Paramount Chiefs, Senior Chiefs, Chiefs, Sub-Chiefs, Councillors, Group Village Headmen and Village Headmen; and for certain aspects of District Administration and for matters incidental thereto or connected therewith [29TH DECEMBER 1967] PART I PRELIMINARY [Ch2203s1]1. Short title This Act may be cited as the Chief’s Act. [Ch2203s2]2. Interpretation In this Act, unless the context otherwise requires— “Chief” means a person holding or acting in the office of Chief under this Act; “Chief’s Council” means a Council appointed under section 13; “Chief’s Messenger” means a Messenger appointed under section 18; “District Commissioner” in relation to a Chief or Messenger means the District Commissioner of the District in which such Chief or Messenger holds office; “Group Village Headman” means a person appointed to be a Group Village Headman under section 9 and holding office as such; “Section” means a portion of a District assigned or declared to be the area of jurisdiction of a Chief under this Act; “Sub-Chief” means a person holding or acting in the office of Sub-Chief under this Act; “village” means a collection of adjacent huts in which reside at least 30 male Malawians aged 18 years or over; “Village Headman” means a person appointed to be a Village Headman under section 9. PART II CHIEFS [Ch2203s3]3. Offices of Paramount Chief, Senior Chief, Chief and Sub-Chief and areas of their jurisdiction 39 of 1981, 5 of 1999(1) There are hereby established the several offices of Paramount Chief, Senior Chief, Chief and Sub-Chief set out in the second, third and fourth columns respectively of the Schedule. (2) The areas of jurisdiction of the several offices of Paramount Chief, Senior Chief, Chief and Sub-Chief shall be the Districts, Sections of Districts and Sub-Sections of Districts specified in the first column of the Schedule opposite each such office. (3) The President may from time to time by Order declare or alter the boundaries of Sections and Sub-Sections and may create new offices of Paramount Chief, Senior Chief or Chief and assign to such offices such area of jurisdiction as he shall think proper and may, for those purposes, by such Order, amend the Schedule. (4) The certificate in writing of a District Commissioner of the situation of the boundary of any Section or Sub-Section in his District shall unless such certificate is inconsistent with an order made under subsection (3) be conclusive evidence for all purposes of the situation of such boundary. (5) No Paramount Chief, Senior Chief, Chief or Sub-Chief shall exercise jurisdiction within the area of a City, Municipality or Township except with the written approval of the appropriate Council established under the Local Government (Urban Areas) Act. Cap. 22:01 [Ch2203s4]4. Appointments to the office of Paramount Chief, Senior Chief and Chief 5 of 1999(1) The President may by writing under his hand appoint to the office of Paramount Chief, Senior Chief or Chief such person as he shall recognize as being entitled to such office. (2) No person shall be recognized under this section unless the President is satisfied that such person— (a) is entitled to hold office under customary law; (b) has the support of the majority of the people in the area of jurisdiction of the office in question; and (c) in the case of the office of Senior Chief, is a chief and is recognized by all chiefs in his district as being entitled under customary law prevailing in that district to be appointed Senior Chief. (3) The appointment of any person to the office of Senior Chief under subsection (1) shall not affect the status of the substantive office of Chief or in any way confer on that person additional jurisdiction to the jurisdiction which he had before being appointed Senior Chief. [Ch2203s5]5. Appointment of Sub-Chiefs At the request of a Chief the President may, by writing under his hand appoint any person to the office of Sub-Chief and may in such appointment or subsequently specify the boundaries of the area of jurisdiction of such Sub-Chief and may from time to time alter such boundaries. [Ch2203s6]6. Functions of Paramount Chief The functions of the office of Paramount Chief shall be such as the President may specify in the appointment of the holder of such office or subsequently by writing under his hand. [Ch2203s7]7. Functions of Chief Subject to such authority as may have been conferred on a Paramount Chief under section 6 the functions of a Chief shall be— (a) to preserve the public peace; (b) to carry out the traditional functions of his office under customary law in so far as the discharge of such functions is not contrary to the Constitution or any written law and is not repugnant to natural justice or morality; (c) to assist in the collection of tax; (d) to assist in the general administration of the District in which his area of jurisdiction is situate and for such purpose to carry out such functions as the District Commissioner may require; and (e) for any of the purposes mentioned in paragraphs (a), (c) and (d) to carry out and enforce any lawful directions of the District Commissioner. [Ch2203s8]8. Functions of Sub-Chief (1) The functions of a Sub-Chief shall be such of the functions of the Chief to whom he is subordinate as shall be delegated to him by such Chief and so far as the traditional functions of the office of Chief are so delegated shall not extend to any function which under customary law may not be exercised by a person other than a Chief. (2) In carrying out such functions the Sub-Chief shall act in accordance with the general or special directions of the Chief to whom he is subordinate. [Ch2203s9]9. Appointment and functions of Group Village Headman and Village Headmen (1) A Chief may appoint such number of Group Village Headmen and Village Headmen as he may consider necessary to assist him in carrying out his functions. (2) The functions of a Group Village Headman and a Village Headman shall be to assist the Chief or Sub-Chief by whom he is appointed in the performance of his functions and to bring to the notice of that Chief or Sub-Chief any matter in his village or group of villages which is relevant to such functions. (3) The remuneration, if any, to be paid to a Group Village Headman or Village Headman shall be such sum as may be approved by the District Commissioner of the District in which the village or group of villages is situated. [Ch2203s10]10. Acting appointments 5 of 1999(1) If the President considers that through age, infirmity or any other reason the holder of an office of Paramount Chief, Senior Chief, Chief or Sub-Chief is unable to fulfil the functions of his office satisfactorily he may appoint such other person to act in that office as he may think fit and the person so appointed shall carry out all the functions of the office accordingly. (2) During the period of such acting appointment the substantive holder of the office shall not carry out any of the functions of the office. [Ch2203s11]11. Removal and suspension of persons holding the office of Paramount Chief, Senior Chief, Chief and Sub-Chief 5 of 1999(1) The President may by writing under his hand remove any person from the office of Paramount Chief, Senior Chief, Chief or Sub-Chief if after due inquiry he is satisfied that— (a) the person has ceased to be entitled under customary law to hold such office; (b) the person has lost the confidence of the majority of the people residing in his area; or (c) such removal is necessary in the interests of peace, order and good government. (2) Where the President deems it expedient to cause inquiry to be made into the question of the removal of any person from the office of Paramount Chief, Senior Chief, Chief or Sub-Chief, he may by writing under his hand suspend such person from the performance of the functions of his office. [Ch2203s12]12. Inquiries 5 of 1999The President may appoint persons to inquire into any question relating to the appointment to or removal from the office of Paramount Chief, Senior Chief, Chief or Sub-Chief of any person and to report and make recommendations thereon to the President. [Ch2203s13]13. Appointment of Chief’s Council (1) Where the President has removed a person from the office of Chief and is of the opinion that no other person is suitable for appointment to such office, he may appoint, by writing under his hand, a Chief’s Council to perform the functions of such office. (2) A Chief’s Council shall consist of a Chairman and three or more members all of whom shall be appointed by name. The President may, from time to time, terminate the appointment of any Chairman or member of a Council and appoint another person in place of the person whose appointment is terminated or in addition to the existing members of the Council. (3) A Chief’s Council shall perform all the functions of the office of Chief until a person is appointed to hold such office under section 4. [Ch2203s14]14. Appointment of advisers by Paramount Chiefs, Senior Chiefs, Chiefs and Sub-Chiefs 5 of 1999A Paramount Chief, Senior Chief, Chief and Sub-Chief may, in accordance with customary law, appoint advisers to advise him in the exercise of his functions. Such advisers shall be known as Counsellors and shall serve in an honorary capacity and shall not be entitled to any remuneration. [Ch2203s15]15. Exclusion of former Paramount Chiefs, Senior Chiefs, Chiefs or Sub-Chiefs from specified area 5 of 1999(1) Where any Paramount Chief, Senior Chief, Chief or Sub-Chief has been removed from office and the President is satisfied that the presence of such person in any area would be prejudicial to the maintenance of public order in that area, the President may, by notice under his hand, prohibit such person from being within any area specified in the notice, except in such circumstances and on such conditions, if any, as may be specified in the notice. (2) A notice under this section shall be served personally on the person to whom it relates or, if he cannot be found, shall be published in the Gazette. (3) Any person who contravenes the provisions of a notice served or published under this section shall, for every such contravention, be liable to imprisonment for six months. [Ch2203s16]16. Emoluments and Pensions of Chiefs 5 of 1999(1) There shall be paid to every Paramount Chief, Senior Chief, Chief, Sub-Chief and Chairman of a Chief’s Council for the purpose of enabling him to maintain the status and to carry out the functions of his office in a fit and proper manner such remuneration as the President may from time to time determine. (2) There may be paid to any Paramount Chief, Senior Chief, Chief or Sub-Chief who may voluntarily have retired or who may have been removed from office, such pension as the President may determine. PART III CHIEFS’ STAFF [Ch2203s17]17. Interpretation 5 of 1999 In this Part and in Part IV the word "Chief” shall be deemed to include a Paramount Chief, a Senior Chief, a Chief’s Council and a Sub-Chief. [Ch2203s18]18. Tax Clerks and Messengers (1) There shall be appointed to serve every Chief in the discharge of the functions of his office, a tax clerk and such number of chief’s messengers as the District Commissioner may determine. (2) Power to appoint, suspend or remove any person to or from the office of tax clerk or chief’s messenger and to exercise disciplinary control over the person holding any such office shall be vested in the District Commissioner of the district in which such person holds office. [Ch2203s19]19. Functions of tax clerk The functions of a tax clerk shall be to assist the Chief whom he is appointed to serve in the discharge of the functions of his office and to carry out such duties in relation to the collection of tax and other administrative matters as a District Commissioner may direct. [Ch2203s20]20. Functions and duties of Chief’s Messenger (1) A Chief’s Messenger shall assist the Chief whom he is appointed to serve in the performance of the functions of his office. (2) For the purposes specified in subsection (1) every Chief’s Messenger shall have and may exercise all powers, rights, duties and protection for the time being conferred or imposed upon or afforded to police officers under the rank of Inspector by any written law. Where in connexion with any such power, right, duty or protection reference is made in any written law to the superior officer of a police officer, such reference shall be construed in relation to a Chief’s Messenger as being a reference to the Chief to whom such messenger is attached or to the District Commissioner. (3) In addition to any other duties imposed upon him by this Act or any other law, a Chief’s Messenger shall— (a) obey and execute promptly all orders, duties or instructions issued to or imposed upon him by a Chief or District Commissioner; (b) report to the Chief to whom he is attached all matters which may directly or indirectly come to his knowledge affecting the general public interest of Malawi; (c) at all times do, subject to the general or specific directions of a Chief or District Commissioner, all such things as are lawful and which it is necessary for him to do for the better administration of the area or to preserve the public peace and prevent the commission of an offence; and (d) undergo such training as may be ordered by the District Commissioner. PART IV PRESERVATION OF PUBLIC PEACE [Ch2203s21]21. Preservation of public peace (1) Whenever a riot, affray or similar disorder occurs in any District, a Chief’s Messenger, on the directions of the District Commissioner or of the Chief whom he is appointed to serve, may, when in uniform— (a) require any male person in the vicinity to assist him in quelling the riot, affray or disorder; (b) arrest, without warrant, any person upon reasonable suspicion of his having committed an offence in connexion with the riot, affray or disorder and detain any person so arrested until he can be delivered into the custody of a police officer or brought before a court of competent jurisdiction to be dealt with according to law. (2) Any person required under subsection (1) (a) to assist a messenger who, without reasonable excuse, refuses or fails to do so, shall be liable to a fine of £25 and to imprisonment for three months. PART V GENERAL [Ch2203s22]22. Offences and penalties 5 of 1999Any person who— (a) not being the holder of an office of Paramount Chief, Senior Chief, Chief or Sub-Chief holds himself out to be such or purports to discharge any of the functions of the office of Paramount Chief, Senior Chief, Chief or Sub-Chief; (b) conspires against or in any manner attempts to undermine the lawful power or authority of a Paramount Chief, Senior Chief, Chief, Sub-Chief or Chief’s Council; (c) obstructs or interferes with the lawful discharge by a Paramount Chief, Senior Chief, Chief, Sub-Chief or Chief’s Council of any of the functions of his office; or (d) wilfully disobeys any lawful instruction or direction, whether written or verbal, of a Paramount Chief, Senior Chief, Chief, Sub-Chief or Chief’s Council, shall be liable— (i) for a contravention of paragraph (a) or (b), to a fine of £100 and to imprisonment for one year; (ii) for a contravention of paragraph (c) or (d) to a fine of £25 and to imprisonment for three months. [Ch2203s23]23. Arrest without warrant Whenever any person is reasonably suspected of an offence against section 15, he may be arrested without warrant by a District Messenger or Chief’s Messenger, and may be detained until he can be delivered into the custody of a police officer or brought before a court of competent jurisdiction to be dealt with according to law. [Ch2203s24]24. Emoluments and conditions of service of tax clerks and Chief’s Messengers (1) The emoluments and conditions of service of tax clerks and Chief’s Messengers shall be such as may be prescribed by the Minister. (2) The Minister may from time to time make rules prescribing the emoluments and the terms and conditions of service of tax clerks and Chief’s Messengers. [Ch2203s25]25. Unusual expenses of Paramount Chiefs, Senior Chiefs, Chiefs and Sub-Chiefs 5 of 1999A District Commissioner may, by way of allowance, reimburse to a Paramount Chief, Senior Chief, Chief, Sub-Chief or Chairman of a Chief’s Council any expenses incurred in the exercise of his functions under this Act which in the opinion of the District Commissioner were properly incurred and are in excess of the provision made in the amount of the emoluments of the holder of the office concerned. [Ch2203s26]26. Payments under this Act All emoluments and allowances for expenses payable under this Act shall be paid out of moneys provided by Parliament for the purpose. [Ch2203s27]27. Saving 13 of 1955(1) A person who, immediately before the commencement of this Act, was recognized as a Paramount Chief, Chief or Sub-Chief under the Native Authority Ordinance 1955 (now repealed) shall be deemed to have been appointed to the corresponding office under this Act. (2) A reference in any written law to a Native Authority or a Native Authority area shall be construed as a reference to the corresponding office of Chief or the area of jurisdiction of the corresponding office of Chief established by this Act. (3) The boundaries assigned to a Section or Sub-Section prior to the coming into operation of this Act shall, until altered under this Act, continue to be the boundaries of the corresponding Section or Sub-Section established by this Act. SCHEDULE AreasParamount ChiefsChiefsSub-ChiefsSOUTHERN REGION Nsanje District Section 1 Mlolo Section 2 Tengani Sub-Section 2A Mbenje Section 3 Chimombo Sub Section 3A Makoko Section 4 Ndamera Section 5 Nyachikadza Section 6 Malemia Section 7 Ngabu Chikhwawa DistrictLundu Section 1 Ngabu Sub-Section 1AMasache Section 2 Chapananga Sub-Section 2ANdakwera Section 3 Makwira Section 4 Kasisi Section 5 Katunga Section 6 Masseah Section 7NgoweThyolo District Section 1Nsabwe Sub-Section 1A Thukuta Sub-Section 1B Mbawela Section 2 Changata Sub-Section 2B Kwetemule Section 3 Kapichi Section 4 Nchilamwela Section 5 Chimaliro Sub-Section 5ANanseta Section 6 Bvumbwe Section 7 Thomas Section 8MphukaMulanje District Section 1Mabuka Sub-Section 1A Laston Njema Section 2 Chikumbu Section 3 Nthiramanja Sub-Section 3A Juma Section 4 Mkanda Section 5 Nkhumba Section 6 Nazombe Blantyre District Section 1 Lundu Section 2 Chigaru Section 3 Kunthembwe Section 4 Makata Section 5 Kapeni Section 6 Kuntaja Section 7 Machinjiri Section 8 Somba Chiradzulu District Section 1 Mpama Section 2 Nkalo Section 3 Kadewere Section 4 Nchema Section 5 Chitera Section 6 Likoswe Zomba District Section 1 Kumtumanji Section 2 Mwambo Section 3 Chikowi Sub-Section 3A Mbiza Sub-Section 3BNtholowa Sub Section 3CNgwelero Section 4 Mlumbe Section 5 Malemia Section 6 Mkumbira Machinga District Section 1 Liwonde Sub-Section 1A Sitola Section 2 Kawinga Sub-Section 2A Mlomba Sub-Section 2B Chikwewo Sub-Section 2C Chiwalo Sub-Section 2D Ngokwe Sub-Section 2E Nkoola Sub-Section 2F Chamba Section 3 Msamala Section 4 Kalembo Section 5 Nyambi Section 6MposaMangochi District Section 1 Mponda Section 2 Nankumba Section 3Jalasi Sub-Section 3A Chowe Sub-Section 3B Mbwana Nyambi Section 4 Katuli Section 5 Makanjila Sub-Section 5A Namavi Section 6 Chimwala Mwanza District Section 1 Dambe Section 2 Nthache Section 3 Simon Likongwe Section 4 Kanduku Section 5 Mlauli Section 6 Ngozi Neno District Section 4Cheku ChekuCENTRAL REGION Lilongwe District Section 1 Khongoni Sub-Section 1A Mtema Section 2 Chitukula Section 3 Chimutu Section 4 Mazengera Sub-Section 4A Chitekwere Section 5 Kalumbu Sub-Section 5A Tsabango Section 6 Chadza-Mkwenda Section 7 Chiseka Section 8 Kalumba Sub-Section 8A Njewa Section 9 Kalolo Section 10 Kabudula Section 11 Malili Mchinji District Section 1 Mkanda Section 2 Zulu Sub-Section 2A Mduwa Section 3 Mlonyeni Sub-Section 3A Mavwere Section 4 Dambe Dedza District Section 1 Kachere Sub-Section 1A Chilikumwendo Section 2 Kaphuka Section 3 Tambala Sub-Section 3A Chauma Section 4 Kasumbu Section 5 Kachindamoto Sub-Section 5A Kamenya GwazaDowa District Section 1 Dzoole Sub-Section 1A Kayembe Sub-Section 1B chakaza Section 2 Msakambewa Sub-Section 2A Mponela Section 3 Chiwere Sub-Section 3A MkukulaSalima District Section 1 Khombedza Sub-Section 1A Mwanza Section 2 Kuluunda Sub-Section 2A Msosa Section 3 Maganga Section 4 Karonga Section 5 Pemba Sub-Section 5A Kambwiri Section 6 Ndindi Sub-Section 6A KambalameNtcheu DistrictGomani Section 1 Kwataine Section 2 Mambeya Section 3 Njolomole Section 4 Phambala Section 5 Mpando Section 6 Masasa Section 7 N’ganya Section 8 Makwangwala Section 9 Champiti Kasungu District Section 1 Kaluluma Sub-section 1A Simlemba Sub-section 1B Maaanyanja Sub-section 1C Chisikwa Section 2 Mwase Sub-section 2AKawamba Sub-section 2B Chilowa Matambe Sub-section 2C Njombwa Section 3 Chulu Section 4 Santhe Section 5 Wimbe Section 6 Kapelula Nkhotakota District Section 1 Kanyenda Sub-section 1A Kafuzila Section 2 Malenga-Chanzi Sub-section 2A Mponde Section 3 Mwadzama Sub-section 3A MwansamboNtchisi District Section 1 Kasakula Section 2 Chikho Section 3 Kalumo Sub-section 3A Nthondo Sub-section 3B ChilookoNORTHERN REGION Karonga District Section 1 Kyungu Sub-Section 1A Karonga Section 2 Mwafulirwa Sub-Section 2A Mwirang’ombe Section 3 Kilupula Sub-Section 3A MwakabokoChitipa District Section 1 Mwenemisuku Section 2 Kameme Section 3 Mwenewenya Section 4 Nthalire Section 5 Mwaulambya Rumphi District Section 1 Chikulamayembe Sub-section 1A Mwahenga Sub-Section 1B Mwalweni Sub-Section 1C Mwankunikila Sub-Section 1D Chapinduka Sub-Section 1E Kachulu Section 2 Katumbi Sub-Section 2A Zolokere Section 3 Mwamlowe Mzimba DistrictM’mbelwa Section 1 Mtwalo Sub-Section 1A Sibande Sub-Section 1B Munthali Section 2 Chindi Section 3 Mzikubola Section 4 Mabulabo Sub-Section 4A Khosolo Jere G.N. 169/1983 Section 5 Mpherembe Section 6 MzukuzukuNkhata Bay District Section 1 Musisya Sub-Section 1A Mkondowe Sub-Section 1B Nyaluwanga G.N. 112/1981 Section 2 Boghoyo Section 3 Mankhambira Sub-Section 3A Mkumbira Sub-Section 3B Fukamalaza G.N. 112/1981 Section 4 Kabunduli Section 5 Mkumpha Section 6 Timbiri Section 7 Fukamapiri Section 8 Malenga-Mzoma Section 9Zilakoma Section 10 Malanda SUBSIDIARY LEGISLATION CHIEFS (STAFF) (EMOLUMENTS, TERMS AND CONDITIONS OF SERVICE) RULES ARRANGEMENT OF RULES RULE PART I PRELIMINARY 1. Citation and application 2. Interpretation PART II APPOINTMENTS AND SALARIES 3. Grades and salaries 4. Appointments 5. Probation and confirmation 6. Resignation, termination of appointment and retirement 7. Terminal benefits 8. Overtime 9. Salary increments 10. Incremental date 11. Promotion PART III CONDUCT AND DISCIPLINE 12. Incompetence and inefficiency 13. Misconduct 14. Acts of misconduct 15. Criminal conviction 16. Suspension 17. Employees not to engage in certain activities 18. Salary forfeited if absent from duty 19. Sick leave 20. Disability PART IV LOANS 21. Loans to employees 22. Bicycle loans 23. Motor-cycle loans and insurance advance 23A. Insurance advance 24. Holiday advances and emergency loans PART V ANNUAL HOLIDAY 25. Holidays 26. No accumulation of holidays 27. Travel entitlement 28. Incomplete holiday year 29. Leaving and dismissal PART VI GENERAL 30. Housing 31. Subsistence allowance 32. Mileage allowance 33. Transport and baggage allowance 34. Uniform 35. Transfer allowance 36. Minister’s direction required for allowances, etc., not mentioned in rules First Schedule Grades and salaries of employees Second Schedule Letter of appointment on probation Third Schedule Letter of confirmation in appointment Fourth Schedule Form of agreement—Advance for bicycle Fifth Schedule Subsistence allowances for employees Sixth Schedule Mileage allowances Seventh Schedule Scale and frequency of issue of uniform to employees G.N. 147/1968 120/1973 23/1974 89/1974 48/1978 37/1982 76/1982 104/1983 143/1983 72/1984 76/1985 78/1987 CHIEFS (STAFF) (EMOLUMENTS, TERMS AND CONDITIONS OF SERVICE) RULES under s. 24 PART I PRELIMINARY 1. Citation and application These Rules may be cited as the Chiefs (Staff) (Emoluments, Terms and Conditions of Service) Rules and shall apply to all tax clerks and Chief’s Messengers. 2. Interpretation In these Rules, unless the context otherwise requires— “employee” means a Chief’s Messenger or a tax clerk appointed under section 18 of the Act but does not include any person holding any other public office, or employed by the Government as an Industrial Class Employee, who has been appointed as a Chief’s Messenger or a tax clerk under section 18 of the Act on secondment terms; “Salary Scale” means a Salary Scale in the First Schedule; “temporary employee” means an employee appointed under the proviso to rule 4 (2). PART II APPOINTMENTS AND SALARIES 3. Grades and salaries Grades and Salary Scales of employees shall be as set out in the First Schedule. 4. Appointments (1) All appointments of employees shall be made in writing in the form set out in the Second Schedule. G.N. 37/1982 (2) Prior to appointing any employee a District Commissioner shall— (a) satisfy himself as to the proposed employee’s physical fitness; (b) consult with the Paramount Chief, Chief, Chief’s Council or Sub-Chief concerned: Provided that, notwithstanding that paragraph (a) or (b) has not been complied with in the case of any proposed employee, a District Commissioner may employ him as a temporary employee on a day to day or week to week basis for any period or periods not exceeding six months in the aggregate. (3) All employees shall at the commencement of their employment receive the salary specified at the initial point of the appropriate Salary Scale: Provided that the District Commissioner may permit an employee to receive at the commencement of his employment an increment in his Salary Scale for every completed year of previous training or experience of a kind which provides qualifications required for the post in which he is employed. 5. Probation and confirmation (1) Every employee shall be deemed to be appointed upon probation in the first instance. (2) Subrule (1) shall not apply to a temporary employee, but a temporary employee, who is, without break in service, appointed as an employee shall be deemed to have begun his period of probation on the date upon which he first took up his temporary employment. (3) An employee who to the satisfaction of the District Commissioner completes a period of two years’ employment on probation may be confirmed in his appointment. Such confirmation shall be made in writing in the form set out in the Third Schedule. (4) An employee whose employment is not confirmed upon the expiration of two years’ employment on probation may have his employment terminated. 6. Resignation, termination of appointment and retirement (1) No employee shall resign, have his appointment terminated, or retire, without due notice in writing being given by, or to, such employee as the case may be. G.N. 37/1982, 143/1983 (2) In this rule, "due notice” means— (a) in the case of an employee who has been confirmed in his appointment, three months’ notice; (b) in the case of any other employee, one month’s notice; and in either case the period of notice may include any period of leave due: Provided that the District Commissioner may permit retirement or resignation at an employee’s request notwithstanding that due notice has not been given. (3) If an employee wishes to resign he shall give notice to the District Commissioner of his intention so to do or pay to the Government in lieu of notice an amount equal to his salary for an equivalent period: Provided that the District Commissioner may accept a shorter period of notice. (4) The District Commissioner may at any time, with the approval of the Minister, terminate the services of an employee whether he has been confirmed in his appointment or otherwise, on giving the employee due notice or the appropriate salary in lieu of notice. (5) The District Commissioner may require any employee to retire on attaining the age of 60 years or at any time thereafter: Provided that— (a) on attaining such age the employee shall not be required to retire on the sole ground of age until he has completed 10 year’s service; (b) any employee who wishes to continue his employment after attaining the age of 60 years shall, not less than three months prior to his attaining that age, apply to the District Commissioner concerned for permission so to continue his employment. (6) An employee may himself retire from employment under these Rules— (a) where he is suffering from infirmity of mind or body likely to be permanent which interferes with the performance of the duties of his office; or (b) where he has both attained the age of 50 years and completed 10 years’ service and has obtained the consent of the District Commissioner to retire. (7) An employee may be required to retire at any time if the Minister, on the recommendation of the District Commissioner, so directs— (a) on medical grounds; (b) in case of redundancy; (c) if he has attained the age of 50 years; (d) on the grounds of incompetence or inefficiency beyond his control; or (e) if the post which he holds is abolished. 7. Terminal benefits When an employee retires from employment under these Rules in the following circumstances— G.N. 37/1982, 143/1983 (a) suffering from infirmity of mind or body which is likely to be permanent and which interferes with the performance of his duties; or (b) with the permission of the District Commissioner having attained the age of 50 years and also having completed 10 years’ service; or (c) having been required to retire— (i) on medical grounds; (ii) in case of redundancy; (iii) on the Minister’s direction after such employee has attained the age of 50 years and completed 10 years’ service; (iv) on grounds of incompetence or inefficiency beyond his control; or (v) upon the abolition of the post held, he shall be entitled in respect of such employment to a gratuity, pension or other terminal benefit equal to the gratuity, pension or other terminal benefit to which a public officer of equal grade and length of service in the Public Service would have been entitled under the Malawi Public Service Regulations in respect of service in the Public Service. 8. Overtime The remuneration of employees is fixed on the basis that all of an employee’s time is at the disposal of the Chief in whose service he is and no additional remuneration is payable for duties performed outside normal business hours. 9. Salary increments Subject to rule 13, one incremental increase in salary may be granted to an employee by the District Commissioner concerned in each year upon the District Commissioner being satisfied that such employee has during the preceding twelve months, or such other period as may in the circumstances be appropriate, performed his duties with diligence, efficiency and fidelity. 10. Incremental date For all employees the incremental date for purposes of rule 9 shall be the first day of the month in which the employee was engaged. G.N. 37/1982 11. Promotion and salary advancement (1) Promotion from one grade to another shall be in the discretion of the District Commissioner and all promotions shall be made in accordance with merit and qualifications. G.N. 37/1982 (2) On promotion an employee shall receive the salary specified as the initial salary on the Salary Scale appropriate to the post to which he is promoted. (3) Where an employee appointed to the tax clerk grade subsequently obtains a Junior Certificate or its equivalent or a Malawi Certificate of Education or its equivalent while in the Salary Scale applicable to that grade, he may, with effect from the date of the certificate, advance to that point in the tax clerk Salary Scale to which he would have been entitled had he been in possession of the certificate on the date of his appointment. PART III CONDUCT AND DISCIPLINE 12. Incompetence and inefficiency (1) Where a District Commissioner considers that an employee is incompetent or inefficient he shall warn the employee in writing and give a specific period within which the employee is to correct the incompetence or bring his standard of efficiency up to a satisfactory standard. (2) If the District Commissioner considers that the employee has not corrected the incompetence nor brought his standard of efficiency to a satisfactory standard within the specified period, he shall inform the employee in writing in what respect it is considered that he has been incompetent or inefficient and that he is entitled to answer the allegations in writing within a specified reasonable period. (3) At the expiration of the specified period the District Commissioner shall report the matter and make his recommendation to the Minister who may dismiss the employee or impose one of the punishments set out in rule 13 (2). 13. Misconduct (1) An employee who is considered by a District Commissioner to be guilty of an act of misconduct shall be informed by that District Commissioner in writing in what respect it is considered that he has misconducted himself and that he has the right within a specified reasonable period to reply in writing exculpating himself. (2) If no reply is received within the specified period or if the District Commissioner is not satisfied with the reply he shall report the matter and make his recommendation to the Minister who may dismiss the employee or impose one of the following punishments— (a) reduction in rank; (b) withholding of increment; (c) reduction of the employee’s salary to a point not lower than that at which he was first appointed. 14. Acts of misconduct Acts, which under the provisions of regulation 1:201 of the Malawi Public Service Regulations would be acts of misconduct in the case of persons subject thereto, shall be acts of misconduct in the case of employees. 15. Criminal conviction An employee who is convicted of a criminal offence shall be liable to be dismissed by the Minister. 16. Suspension (1) A District Commissioner may, pending a decision in regard to an employee’s dismissal under rule 13 suspend him from the duties of his appointment. At the time of suspension a District Commissioner may also direct that the employee’s salary shall be withheld either wholly or in part, except that where misappropriation of public funds is suspected all salary shall be withheld: Provided that if the employee is not dismissed the salary withheld during suspension shall be restored wholly or to such extent as the Minister considers just. (2) An employee convicted of a criminal offence which may, in the opinion of the District Commissioner, necessitate his dismissal, shall not receive any emoluments from the date of conviction pending the final decision of his case, and if it is subsequently decided to dismiss him, he shall be deemed to have been dismissed as from the date of conviction. 17. Employees not to engage in certain activities No employee may stand for election to, or serve as a Member of, Parliament or any City Council, Municipal Council, Town Council, or District Council, or be the holder of an office in a political organization. 18. Salary forfeited if absent from duty Absence from duty without leave or unfitness for duty as the result of impropriety of conduct shall render an employee liable to forfeit his salary for the period of such absence or unfitness and may be considered as misconduct. 19. Sick leave (1) An employee shall as soon as practicable report to the District Commissioner any absence from duty due to ill-health and the District Commissioner may grant him sick leave if he is satisfied that such ill-health was due to no impropriety and was sufficient to justify absence from duty. (2) Where an employee’s sick leave continues for a period of three months or less he shall be entitled to full pay for the period of sick leave. Where such leave continues for more than three months the employee shall be entitled to half pay during the next period of three months of such leave and may thereafter be granted further leave with no pay. 20. Disability (1) Where the District Commissioner is satisfied that an employee is unable through physical or mental disability to perform the duties of his office and that such disability is likely to be of indefinite duration, he may by notice in writing call upon the employee to resign employment under these Rules. Upon receipt of such notice the employee may request the District Commissioner to arrange with the medical authorities for a suitable medical examination of the employee and a report thereon. If such report indicates that the employee is unlikely to be able to resume the duties of his office within a period of one month the District Commissioner may direct that the employee be discharged from employment under these Rules, and the employee shall be entitled to terminal benefits in accordance with rule 7. (2) If the employee to whom notice is given under subrule (1) does not within fourteen days of receipt of the notice either resign or request a medical examination as provided in subrule (1) he shall be deemed to have been discharged from employment under these Rules with effect from the expiration of such fourteen days, and shall be entitled to terminal benefits in accordance with rule 7. PART IV LOANS 21. Loans to employees (1) No employee is entitled as of right to any loan. (2) Subject to rules 22, 23 and 24, loans may be granted to employees for the following purposes and no others— (a) bicycle loan; (b) motor cycle loan; (c) holiday advance; (d) emergency loan; (e) insurance advance. G.N. 76/1985 22. Bicycle loans (1) A loan not exceeding four-fifths of an employee’s annual salary or the actual cost of the cycle, whichever is the less, may be made on the authority of a District Commissioner to an employee, to enable him to purchase a bicycle: G.N. 37/1982 Provided that such loan shall not be made to an employee unless he— (a) has completed twelve months’ satisfactory service; or (b) requires the bicycle for the efficient performance of his duties. (2) The borrower shall enter into an agreement, in the form in the Fourth Schedule, securing the loan and providing for its repayment. Such agreement shall contain particulars of the bicycle including the name of its manufacturer and its frame number. (3) Interest on loans shall be payable at rates from time to time laid down by the Secretary to the Treasury. (4) The loan plus, interest shall be repayable by equal monthly instalments which may be deducted from salary, starting in the month after that in which the loan was made. The period for repayment shall not exceed— (a) for an employee on a salary not exceeding K480 per annum, thirty-six months; (b) for an employee on a salary exceeding K480 but less than K834 per annum, twelve months; (c) for an employee on a salary of K834 or more per annum, six months. (5) In the event of a borrower ceasing to be employed under these Rules before completing repayment of a loan the District Commissioner may deduct any outstanding balance of the loan from such salary or gratuity as may be due to the borrower and may take such other steps to recover the balance as he thinks proper. (6) Not more than one bicycle loan shall be made in any period of four years, except with the approval of the District Commissioner. 23. Motor cycle loans and insurance advance (1) In exceptional circumstances and subject to the approval of the Secretary to the President and Cabinet, the District Commissioner may authorize a loan to an employee for the purchase of a motor cycle and such loan shall not exceed the employee’s salary for eighteen months. G.N. 76/1985 (2) For the purposes of subrule (1), an employee shall enter into an agreement in a form approved by the Secretary to the President and Cabinet, securing the loan and providing for its repayment. (3) Any loan authorized under this rule and interest thereon shall be repayable by equal monthly instalments which shall be deducted from an employee’s salary, and the period for such repayment shall not exceed seventy-two months. 23A. Insurance advance (1) Any motor cycle purchased with a loan authorized under rule 23 shall be insured comprehensively with an approved insurance company, and an employee may, for that purpose, apply to the Secretary to the Treasury for an insurance advance. G.N. 76/1985 (2) For the purposes of subrule (1), an employee shall enter into an agreement in a form approved by the Secretary to the President and Cabinet, securing the advance and providing for its repayment. (3) Any advance authorized under this rule and interest thereon shall be repayable by equal monthly instalments which shall be deducted from an employee’s salary, and the period for such repayment shall not exceed twelve months. 24. Holiday advances and emergency loans (1) A District Commissioner may authorize an advance of an amount not exceeding one month’s salary to an employee who is about to proceed on annual holiday. Such advance shall be deducted from the next salary payment. G.N. 37/1982 (2) The Secretary to the President and Cabinet may authorize a loan of a sum not exceeding three months’ salary to an employee where, some unforseeable emergency has caused extreme financial hardship. (3) Any loan authorized under subrule (2) shall be repaid with interest by monthly instalments over the following periods— (a) for a loan of a sum not exceeding one month’s salary, over a period not exceeding four months; (b) for a loan of a sum not exceeding two months’ salary, over a period not exceeding eight months; (c) for a loan of a sum not exceeding three months’ salary, over a period not exceeding twelve months. (4) The Secretary to the Treasury may, on the recommendation of the Secretary to the President and Cabinet, authorize an emergency advance to an employee— (a) for a sum exceeding three months’ salary; or (b) repayable with or without interest or at a reduced rate of interest; or (c) repayable over a period exceeding the period specified in subrule (3); PART V ANNUAL HOLIDAYS 25. Holidays (1) No employee shall have a right to any holiday. G.N. 189/1955 (2) A District Commissioner may in every calendar year grant a holiday to an employee for a period not exceeding— (a) twenty-one working days in the case of an employee who has received by way of salary during that calendar year less than K891; (b) twenty-four working days in the case of an employee who has received by way of salary during that calendar year K891 or more. 26. No accumulation of holidays Annual holidays may not normally be accumulated, and any part of an annual holiday not taken during the course of that calendar year will normally be forfeited, unless the District Commissioner otherwise directs. 27. Travel entitlement (1) An employee who proceeds on holiday under rule 25 shall have the option either— G.N. 37/1982 (a) to be provided with free transportation or, in lieu thereof, with travel entitlement from his place of duty to his approved destination within Malawi and return; or (b) to receive a holiday grant at the following rates— (i) for an employee whose salary is less than K891 per annum, K6; (ii) for an employee whose salary is K891 or more per annum, K12. (2) The travel entitlement referred to in subrule (1) shall be to transport warrants to pay the cost of transportation by approved surface carrier of— (a) the employee; (b) one wife living with him at his place of duty; (c) not more than four dependent children under eighteen years of age; (d) not more than 100 kilograms of baggage from his place of duty to or from the nearest point within Malawi. (2) On first appointment, duty, posting, transfer or retirement, an employee shall be provided with transport warrants for his travel on such class of transport, and shall be entitled to travel with such amount of baggage, as is specified in the Eighth Schedule. 28. Incomplete holiday year (1) Subject to rule 29 an employee who joins or leaves the service during a calendar year may be granted a holiday for a duration of one-twelfth of the period prescribed in rule 25 in respect of each completed month of service in that year. A fraction of a day equal to one-half or more shall count as one day and any lesser fraction shall be ignored. (2) Where it is known that an employee’s service will terminate during a holiday he may be granted a holiday of the duration prescribed in subrule (1) so that the holiday expires not later than the last day of service. 29. Leaving and dismissal An employee who leaves employment under these Rules without due notice or is dismissed from such employment shall not be granted any holiday or provided with any travel entitlement. PART VI GENERAL 30. Housing Employees will normally be provided with rent-free quarters, but in the event of such quarters not being available will be responsible for obtaining their own housing at their own expense. 31. Subsistence allowance Employees required to travel on duty or attend a course of instruction approved by the District Commissioner shall be entitled to the subsistence allowance and occasional meal allowance set out in the Fifth Schedule. G.N. 72/1984 32. Mileage allowance Employees authorized by the District Commissioner to use their bicycles or motor-cycles for the performance of their duties shall be entitled to the mileage allowances set out in the Sixth Schedule. 33. Transport and baggage allowance Employees taking up first appointment, travelling on duty, proceeding on transfer or returning to their homes on retirement, shall be eligible for transport and baggage allowance as though they were proceeding on annual holiday. Where Government transport cannot be provided the entitlement will be as set out in rule 27. 34. Uniform (1) Uniform shall be issued to Chief’s Messengers in accordance with the scale set out in the Seventh Schedule. (2) All Chief’s Messengers to whom uniform has been issued shall wear such uniform on duty. (3) Such uniform shall remain the property of the Government. 35. Transfer allowance An employee who is required as a result of a change of station to move his household effects may receive from a District Commissioner transfer allowance at the rate of one-fifth of one month’s salary. No transfer allowance shall be paid under this rule in respect of any transfer or posting which is of a temporary nature. 36. Minister’s direction required for allowances, etc., not mentioned in Rules No allowances or privileges other than those set forth in these Rules shall be accorded to employees except on the specific direction of the Minister in writing. FIRST SCHEDULE r.3, G.N. 48/1978, 76/1982, 104/1983, 78/1987 GRADES AND SALARIES OF EMPLOYEES Title of PostSalary ScaleTax Clerk K576 ´ K84—K660 ´ K84—K744 ´ K84— K828 ´ K84—K912 ´ K84—K996 ´ K84— K1,080 ´ K84—K1,164 ´ K84—K1,248 ´ K84—K1,332 (E.B.): K1,416 ´ K84— K1,500 ´ K84—K1,584 ´ K84—K1,668 ´ K84—K1,752 ´ K84—K1,836 ´ K84— K1,920 ´ K84—K2,004 ´ K84—K2,088 ´ K84—K2,172 (E.B.): K2,256 ´ K84— K2,340 ´ K84—K2,424 ´ K84—K2,508 ´ K84—K2,592 ´ K84—K2,676 ´ K84— K2,760 ´ K84—K2,844 ´ K84—K2,928 ´ K84—K3,012 ´ K84—K3,094 ´ K84— K3,180, per annum. Senior Tax ClerkK2,016 ´ K108—K2,124 ´ K108—K2,232 ´ K108—K2,340 ´ K108—K2,448 ´ K108— K2,556 ´ K108—K2,664 ´ K108—K2,772 ´ K108—K2,880 ´ K108—K2,988 ´ K108— K3,096 ´ K108—K3,204 ´ K108—K3,312 ´ K108—K3,420 ´ K108—K3,528 ´ K108— K3,636, per annum. Messenger (SC I)K1,104 ´ K48—K1,152 ´ K48—K1,200 ´ K48—K1,248 ´ K48—K1,296 ´ K48— K1,344 ´ K48—K,1,392 ´ K48—K1,440 ´ K48—K1,488 ´ K48—K1,536 ´ K48— K1,584 ´ K48—K1,632, per annum. Messenger (SC II)K888 ´ K36—K924 ´ K36—K960 ´ K36— K999 ´ K36—K1,032 ´ K36—K1,068 ´ K36—K1,104 ´ K36—K1,140 ´ K36— K1,176 ´ K36—K1,212 ´ K36—K1,248 ´ K36—K1,284 ´ K36—K1,320 ´ K36— K1,356, per annum. Messenger (SC III)K576 ´ K36—K612 ´ K36—K648 ´ K36— K684 ´ K36—K720 ´ K36—K756 ´ K36— K792 ´ K36—K828 ´ K36—K864 ´ K36— K900 ´ K36—K936 ´ K36—K927 ´ K36— K1,008 ´ K36—K1,044, per annum. Messenger (SC IV)K396 ´ K24—K420 ´ K24—K444 ´ K24— K468 ´ K24—K492 ´ K24—K516 ´ K24— K540 ´ K24—K564 ´ K24—K588 ´ K24— K612 ´ K24—K636 ´ K24—K660 ´ K24— K684 ´ K24—K708, per annum. SECOND SCHEDULE r.4 LETTER OF APPOINTMENT ON PROBATION Ref.: .................District Commissioner ........................... Date: ................ 19...To: ...................... ...................... ...................... Sir, I hereby offer you appointment to the service of Chief .................. as a .................. with effect from .................. faithfully and diligently to serve the said Chief on the following terms and conditions— (1) You will be on probation for a period of two years, after which you will be considered for confirmation. (2) While you are on probation, your appointment may be terminated by one month’s notice on either side or payment of one month’s salary in lieu of notice. Delete whichever inappropriate.*(3) The commencing salary attached to the post will be .................. in the scale .................. and your incremental date is the 1st January of each year. Delete whichever inappropriate.*(4) The commencing salary attached to the Chief’s Messenger’s post will be .................. and after completing .................. month’s satisfactory service you will proceed to a salary of .................. (5) Your appointment will be subject to the Chiefs (Staff) (Emoluments, Terms and Conditions of Service) Rules from time to time in force. (6) You are liable to be transferred at any time to the service of another Chief within this District at the discretion of the District Commissioner. (7) This appointment shall not take effect until such time as you have been certified medically fit to serve by a Government Medical Practitioner. I am, Sir, Your obedient servant, District Commissioner I accept the appointment subject to the terms of this letter. Signature: .................. Date: .................. THIRD SCHEDULE r. 5 LETTER OF CONFIRMATION IN APPOINTMENT Ref.: ..............District Commissioner, ....................... Date: .............. 19..To: ..................... ...................... ...................... Sir, I am to inform you that you have been confirmed in your appointment as ....................... in the Chief’s Service with effect from ..................... (date). I am, Sir, Your obedient servant, District Commissioner FOURTH SCHEDULE r. 22 FORM OF AGREEMENT TO BE ENTERED INTO BY AN EMPLOYEE RECEIVING AN ADVANCE FOR THE PURPOSE OF PURCHASING A BICYCLE AGREEMENT made this ................ day of ................ one thousand nine hundred and ................ between ............................ (hereinafter called "the Purchaser") of the one part and the Government of Malawi of the other part WHEREBY it is agreed as follows:— (1) The Government of Malawi will make to the Purchaser an advance of £................ for the purpose of purchasing the (make of bicycle) ................ bicycle referred to in the Application signed by the Purchaser on the ................ day of ................ one thousand nine hundred and ................ the frame number of which bicycle is ........................... (2) In consideration of such advance the Purchaser hereby agrees as follows:— (a) to purchase the said bicycle forthwith; (b) to repay the said advance together with the interest due thereon by equal monthly instalments to be paid on the ................ day of ................ one thousand nine hundred and ................; (c) not to sell, pledge, mortgage, underlet, or otherwise dispose of the said bicycle without the authority in writing of the District Commissioner for the District concerned until the whole of the said advance together with the interest due thereon has been repaid; (d) If the said bicycle is lost, destroyed or rendered unfit for use, to report the fact forthwith to the said District Commissioner and to abide by his directions as to the manner in which the balance of the advance and interest thereon then outstanding shall be repaid. (3) If the Purchaser dies or leaves the Chief’s Service before the sum advanced by the Government of Malawi and the interest due thereon is repaid in full or makes default in the punctual payment of any one instalment of the sum repayable under this Agreement or commits any breach of the terms and conditions of this Agreement and any Rules or Regulations applicable thereto then and in each and every such case the whole of the balance of the said advance and of the interest due thereon shall be payable forthwith by the Purchaser or his Executors or Administrators and in the event of his, or their, not repaying the balance then outstanding of the sum so advanced and of the interest due thereon, to take immediate possession of the said bicycle and to sell or otherwise dispose of the same and to deduct from the proceeds of such sale or other disposal the balance then outstanding of the amount so advanced and of the interest due thereon together with all costs and expenses incurred in connexion with such sale or other disposal; and the Purchaser (for himself, his Executors and Administrators) hereby agrees upon demand forthwith to take such steps as may be required by the said District Commissioner to carry this clause into effect. WITNESS our hands the day and year above written Signed by the said ........................... in the presence of;Signature over Revenue stamp as required Signature of witness ................................. Address ................................. ................................. Occupation ................................. Signed by the District Commissioner for and on behalf of the Government of Malawi as aforesaid in the presence of;.............. Signature of witness ................................. Address ................................. ................................. Occupation ................................. Certificate to be signed by the District Commissioner or Assistant District Commissioner. I certify that the contents of this Agreement and of the Rules governing the grant of advances have been explained by me to the Purchaser who appeared to understand the same before signing/putting his mark to the Agreement. Witness .......................... Signed ...................... FIFTH SCHEDULE r. 31 SUBSISTENCE AND OCCASIONAL MEAL ALLOWANCES FOR EMPLOYEES G.N. 37/1982, 72/1984An employee authorized by the District Commissioner to travel on duty within Malawi may be paid subsistence allowance for every night he necessarily spent away from his normal duty station and occasional meal allowance in accordance with the following scale— 1. SUBSISTENCE ALLOWANCE Salary per annumRate per night(1) Less than K1,578 .....................................................................K5.00(2) K1,578 up to K4,518 .................................................................K7.00(3) K4,722 upto K5,742 ..................................................................K9.00(4) K5,997 up to K6,756 .................................................................K11.50(5) K6,861 up to K7,137 ................................................................K13.50(6) K7,278 and over .......................................................................K15.50 2. OCCASIONAL MEAL ALLOWANCE Rates of allowances per daySalary per annumBreakfastLunchDinner(1) less than K1,578 .....................................K2.00K3.50K4.00(2) K1,578 up to K4,518 ...............................K3.00K4.00K4.50(3) K4,722 up to K5,742 ...............................K4.00K5.00K5.50(4) K5,997 up to K7,137 ...............................K5.00K6.50K7.00(5) K7,278 and over ......................................K5.50K7.00K8.00 SIXTH SCHEDULE G.N. 37/1982 TRAVEL DISTANCE ALLOWANCES Travel distance allowances for duty journeys by privately owned bicycles may be paid to any employee as follows— (1) An allowance of 4t per kilometre may be paid for such occasional journeys on duty by bicycle as may be approved by the District Commissioner. (2) A commuted bicycle allowance, with the approval of the District Commissioner, may be paid to a person who is required to travel regularly on duty by bicycle as follows— (a)240 kilometres or more per monthK3.50 per month;(b)190 kilometres or more per month but less than 240 kilometres per monthK2.50 per month; (c)140 kilometres but less than 190 kilometres per month K1.50 per month;(d)90 kilometres but less than 140 kilometres per month K1.00 per month.(e)less than 90 kilometres Nil (3) No commuted bicycle allowance may be paid except on the production each month of an honour certificate signed by the employee to the effect that he has kept his bicycle for the period in question, and that it was in good order and available for official duties. (4) For the use of a motor cycle or a motor scooter on official journeys an allowance of 10t per kilometre shall be payable. G.N. 76/1985 SEVENTH SCHEDULE r. 34, G.N. 37/1982 SCALE AND FREQUENCY OF ISSUES OF UNIFORM TO EMPLOYEES Employees may be issued with uniform as under— PostUniformInitial IssueRate of ReplacementHead Chief’s Messengers and Chief’s MessengersKhaki Tunic Khaki Shorts Black Fez and Tassel2 2 12 each year 2 each year 1 in 2 years Brass Badge for Fez1As necessary Leather Belt11 in 5 years Cape11 in 3 years Khaki Socks2 pairs2 pairs each year Khaki Hosetops2 pairs2 pairs each year Black Boots2 pairs1 pair each year Anklets2 pairs1 pair in 2 years EIGHTH SCHEDULE G.N. 37/1982 CLASS OF TRANSPORT AND BAGGAGE ALLOWANCE FOR EMPLOYEES RULE 27 (3) Salary per annumClass of transportPersonal baggage allowance when travelling on dutyPersonal baggage allowance when travelling on first appointment, posting, transfer or retirementLess than K420Bus 3rd Lake (Deck) 3rd Rail 25kg 225kgK420 but less than K891Bus 2nd Lake (Bunk) 3rd Rail 25 kg 450 kgK891 but less than K1,371Bus 2nd Lake (Bunk) 2nd Rail 50 kg 700 kgK1,371 or moreBus 2nd Lake (Bunk) 2nd Rail 50 kg 1,350 kg