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CIVIL SERVICE REGULATIONS AS AFFECTING ALL LEVELS OF SCHOOL SYSTEM IN NIGERIA BY

A. ADEKUNLE OWOJORI (B.Sc. (Hons), MA, PhD, FCA, ACTI) Department of Management Education Room 111, Faculty of Education Building University of Ado Ekiti, Nigeria adekunleowojori@yahoo.com 234-8033525195

Introduction The aim of this work is to analyze the civil service regulations as affecting educational institution. The civil service regulations are the binding rules for all civil servants. The focus of this work is mainly those rules that affects educational institutions As a format there will be a definition of term civil service regulations as affecting educational institution will be analyzed, followed by the evaluation of findings and the conclusion. Civil service regulations is understood to be for all civil servants and related highly to education at Primary and Secondary levels mainly. At tertiary level, there are University regulations for each Institutions and the governing board of each Institution has great Influence on them apart from the influence of the National University Commission (NUC). Definition of terms Civil Service: This purely government work, quite different from private enterprises or those that are self employed .Government employed group are civil servants. They work in any government establishment like ministries, School and Offices. Regulations : Therefore binding rules or agreement between the government and all those employed into civil service. Educational institution : These are institutions of learning at primary school , secondary and tertiary levels. APPOINTMENTS, TRANSFERS, PROMOTION AND LEAVING THE SERVICE SECTION 1. General 2. Recruitment 3. Rules for appointment on probation 4. Rules for appointment on Non-pension able Contract 5.Rules for Non-pensionable short term Appointments 6. Transfer, secondments and postings 7. promotion 8. leaving the service GENERAL

02101-Appointments to public office in the civil service are made on the authority of the Civil Service Commission. These appointment are made either:(a) by letter written at the direction of the Civic Service Commission; or (b) by formal appointment between the officer and the government or its appointed agents. Subject to rule 02205,02206and 02207,Heads of department are authorized to appoint eligible candidates to post in respect of which the power of appointment have been delegated to them subject to approval of vacancies by the Office of Establishments and Training. 02102 Promotions to all posts in the Civil Service other than those of permanent Secretary, Auditor General and Accountant General are vested in the Civil Service Commission which has however, authorized Heads of Departments to promote eligible candidates to post in respect of which the powers of appointment have been delegated to them. 02103- An Officers increment date shall either be 1st January of the month or July of a particular year. 02104 As a general rule. Seniority in any department shall be determined by the date of an officers appointment to the particular cadre or grade in which he is serving. Specifically seniority shall be determined by the date an officer assumes duty; and where more than one officer assumed duty on the same date the time of resumption of duty shall determine seniority. In other circumstances, seniority shall be determined by the effective date of promotion or date of crossing salary bar; except that the authority empowered to approve such crossing of bar may at his discretion allow an officer to retain his seniority if he has failed to pass a bar on the normal date as a result of ill- health or lengthy secondment to other duties. Other criteria for the determination of seniority are, alphabetical order of an officers surname, the passing of any prescribed compulsory examination, academic or professional qualifications in that order and reduction in the standards grade. Where two or more persons selected from outside the service or from overseas arrive on the same date, seniority shall be determined by the date of the letter from the Civil Service Commission confirming the selection, or in the case of contract officer by the appointing authority but in accordance with the extant rules of transfer. 02105 The employment of unpaid staff is prohibited. 02106 Heads of Departments will keep an up to date record of each officer under his control and a copy of such record shall be forwarded to the record section of Ekiti State Pensions Board and a copy to the Office of Establishments and Training. RECRUITMENT 02201 Recruitment means the filling of vacancy by the appointment of person not already in the Civil Service of the Ekiti State of Nigeria, but it exclude the transfer and secondment of officer from other Civil Service in the federation to Ekiti state Civil Service 022202__Direct appointment to the civil service may be made in any of the following categories :(a)as trainees or pupils

(b) on probation in a pensionable post (c) on non-pensionable contract to a non-pensionable post or against a pensionable post for a specified period. (d)on monthly terms to a non-pensionable post or against a pensionable (e)on temporary basis other than (c) and (d) 02203-(a) When a candidate for employment requires additional professional experience before he can be regarded as fully qualify for appointment to a specific post he may be appointed as a trainee or pupil for a normal service of two years in the post. This period may , however , be reduced in special circumstances. On completion of the trainee period the pupil may be appointed to the full grade on probation and will not be eligible for confirmation in the service until he has fulfilled the condition laid down in Rule 02302 where applicable. (b)A confirmation officer who is advanced to the training grade for the purpose of acquiring the necessary experience to qualify him for substantive promotion to a senior post will be treated as if he had been seconded thereto and the period of such secondment will not normally exceed the period laid down for the training except with the special advice of the office Establishment and Training . 02204-Except where the Civic Service Commission decides otherwise, all first appointment to the pensionable establishment in posts other than trainee post (see Rule (02203) will be on probation. An officer confirmed in a lower pensionable office will not, however, be regarded as being on probation in a higher post to which he is promoted nor will an officer seconded or transferred as a confirmed officer from personable service elsewhere. 02205-To be eligible for appointment to the Civil Service an applicant must (a) not be less than 15 years and not more than 50 years of age; (b) possesses such minimum qualification as are from time to time required for such post; (c) be certified by a government medical officer as sound in health and medically fit for Government service; and (d) possesses a testimonial of good conduct from his last Employer or if not previously employed, from the last school or college attended. 02206-(a) Every applicant for employment by government must state; (i) Whether he has been convicted of a criminal offence; (ii) all employment he has engaged in ;and (a)if he has left any employment, why he did so ; or (b)if he is still in any employment, whether he is under any obligation to remain in it; and (iii) whether he is free from financial embarrassment. 02206 (b) no candidate will be appointed to any post in the civic service without the prior specific approval of the governor obtained through the office of establishment and training and civic service commission if: (i) he has been convicted of a criminal offence; or (ii) he has previously been employed in government service and has been dismissed or called upon to resign or retire there from.

Such approval must always be obtained irrespective of any delegation of the commissions power. 02207-No applicant who is a member of a secrete society as defined in Rule 01003 shall be eligible for appointment into the Civil Service. 02208- (a) Senior Posts All applicants for senior posts are required by the Civil Service Commission to complete its Application Forms. (b) Junior posts it is the duty of permanent secretary and Heads of NonMinisterial Departments to enquire carefully into the antecedents of all candidates they consider for appointment to a junior post and to ensure that every candidate they select is eligible under Rules 02205 and 02207 for appointment. The following procedure shall be followed for completing the appointment of a candidate selected, after such an enquiry, as prima facie eligible and suitable:(i) A candidate shall be required to complete Application Form obtained from the Civil Service Commission. Any false statement made therein will be regarded as sufficient ground for non-employment or if such falsehood is detected after engagement for termination of employment without notice. (ii) If in the light of the information so supplied the candidate is still considered eligible and suitable he should be offered appointment as appropriate. The appointee shall be required to signify his acceptance of the appointment as indicated in the letter of appointment. (iii) If the candidate accepts the offer by returning the appropriate from designed for the purpose within the specified time limit, he should be issued with a letter of appointment copies of which should be endorsed to the permanent Secretary, Office of Establishments and Training, the Accountant-General and the Auditor-General. 02209- Immediately he assumes duty, a new officer shall be required to enter his personal particulars on Records of Service form of which shall be attached to the appropriate documents to be forwarded to the Office of Establishments and Training. 02210 It is the duty of Head of user establishment to ensure that all officers and temporary staff in the establishment have signed an oath of secretary on appropriate form signed and carefully preserved. 02211 In filling vacancies in Grade Level 01, preference shall be given to suitable qualified un-established or daily paid staff who had been employed temporarily in the Establishment. RULES FOR APPOINTMENTS ON PROBATION 02301 Officers on probation will be required to spend 2 years before being confirmed in the service. 02302 Within his probationary period a civil servant is required to pass the pre scribed examination appropriate to his appointment. (a). For centrally deployed cadres holding senior posts the prescribed examinations are those described in Chapter 8 and such other examinations as may be specified in individual offer of appointment. (b). For Clerical grade officers the prescribed examination is the promotion/Confirmation Examination held twice a year. (c). The examinations for technical grades are those prescribed in the Scheme of Service applicable to the particular post.

02203 To be eligible for confirmation in the permanent establishments, an officer appointed on probation is required to pass the prescribed examination, if any, during his probationary period and to complete his probationary period to the satisfaction of the authority empowered to appoint him. At the end of the period of probation the officer will, unless his probationary appointment is terminated or extended, be confirmed in his appointment. Recommendation of Heads of Departments regarding the confirmation of all officers holding senior posts shall be made in the progress evaluation report prescribed in Chapter 7 of the Rules. RULES FOR APPOINTMENT ON CONTRACT. 02401 A contract appointment is a temporary appointment which does not provide for the payment of a pension to a post of the level to which appointment is made by the Civil Service Commission for a specific period as opposed to appointment on pensionable terms, month to month appointment or daily and temporary employment. The agreement must be recorded in a formal document of agreement. 02402 The conditions of service of a contract officer are those provided for his contract and the privileges, emolument or allowance described in these Rules do not apply to him unless it is specifically so stated in the contract itself. Any question on the interpretation of a contract as affecting conditions of service should be referred to the Office of Establishments and Training. 02403 Where no other conditions are prescribed by law or any other regulation or otherwise, in relation to any individual post, the salary of a re-engaged pensioner may be determined according to the following rules. (i) If a pensioner was formerly in Ekiti State public Service and is reengaged on Contract, he will be paid the full prevailing contract rate of Salary of the post in which he is re-engaged. (ii) If a pensioner was formerly in Ekiti State public Service and is reengaged in a lower post in the same class or cadre other than that which he held before his retirement, the maximum salary of the new post or the nearest point in the salary above his retiring salary of the lower is the lower post in a different cadre, his salary will be determined by the Office of Establishments and Training in each case. (iii) In case of re-engagement covered by Rule (i) (ii) above, there will be no deduction in respect of pension or gratuity and no contract gravity will be payable. (iv) Pensioners formerly in the service of other Governments in the Federation Native Authorities of Local Government Councils, re-engaged in Ekiti State will normally be assessed in accordance with Rules (i) (iii) above, if the pensioner retired in a post to which a different salary grade level from that obtaining in Ekiti State is assigned, his case should be submitted to the Office of Establishments and Training with sufficient for the determination of his status in the light of the duties and responsibilities of the post in which he is to be re-engaged and the appropriate rule applied.

(v) Pensioners formerly in the Service of Governments outside Nigeria reengaged by the Ekiti State Government will be paid the full prevailing contract rate of salary of the post in which he is re-engaged, without abatement of pension. Should such an officer subsequently accept an offer of appointment on permanent and pension-able terms, he would be required to give up his right to gratuity. 02404 The duration of a contract appointment is limited to the period specified in the contract itself and any further employment of the officer concerned must be made the subject of a new contract. 02405 By the Government:- An appointment on contract may be terminated by the Government at any time in accordance with the terms specified in the contract itself. A recommendation to the Civil Service Commission for the termination of the appointment of a contract officer shall be accompanied by a full statement of the consideration which has prompted it. Such recommendation should be routed through the permanent Secretary, Office of Establishment and Training who shall in turn forward it to the Civil Service Commission with his comments on the recommendation. On the receipt of the recommendation the Civil Service Commission will decide in its discretion whether the appointment shall be terminated forth with in accordance with the terms of the contract or whether the officer shall be offered an opportunity to submit any formal representations, if he so wished, before a final decision is taken. (b) By the officer the termination of his contract of his contract by the officer himself is subject to the terms of his contract. (c) Any question concerning the waiving of the penalties or rights under a contract agreement shall be referred to the Office of Establishment and Training. 02406 An officer serving on contract, who desires re-engagement, shall so inform the government in writing through his Head of Department not less than four months before his leave is due. In the absence of such notification it may be assumed that an officer serving on contract does not desire re-engagement. 02407 On receipt of such notification expressing an officers wish to be re-engaged the Head of Department will obtain the Office of Establishment and Training to the re-engagement before forwarding his recommendation to the Civil Service Commission enclosing an up to date confidential report on the officer (unless such report had been forwarded within the previous two months) and medical certificate of fitness. In reply he will receive one or other of the following:. (a) Authority to inform the officer that arrangement will be made to offer him re-engagement during the course of his lave, and the details of the terms proposed. The Head of Establishment shall inform the officer accordingly without delay and shall ensure that his request for the preparation of the officers Leave Certificate (see Rule 13403) includes a statement that re-engagement is required on the terms in question; (b) the original and counterpart of the re-engagement contract duly signed on behalf of government. In this case the head of department shall obtain the officers witnessed signature to both copies; deliver the

counterpart to the officer; and return the original to the office of establishments and training; [c] authority to inform the officer that he will not be re-engaged. The head of department must so inform him without delay. 02408 As soon as it is clear to a head of department that he will be unable for whatever reasons, to recommend the re-engagement of an officer serving on contract the will seek the approval of the civil service commission to inform the officer that he will not be re-engaged and on receipt of such approval will inform the officer without delay. 02409-Provided re-engagement is completed by the signature of a new contract before the end of vacation leave granted under an expiring contract, service under the new contract will be treated as continuous with service under the former contract. 02410-If a re-engaged contract officer is required to return to duty under his new contract before the expiration of his leave due under his former contract, the leave foregone will be treated as deferred leave to be enjoyed under the conditions of the new contract. 02411-Where service under the new contract is continuous with service under a former contract, leave in accordance with Rule13310 during the period which an expatriate contract officer is awaiting the first available passage back to Nigeria will be treated as leave granted under a former contract. 02412-When an officer on contract is re-engaged in his former office without a break in service and on the same scale of salary he will retain the incremental date enjoyed under his former contract. 02413-Reference should be made to Rule 02712. SECTION 5- RULES FOR NON-PENSIONABLE SHORT-TERM APPOINTMENT. 02501- Appointment of civil servant on month-to-month and other shortterm appointments in the service are governed by the conditions set out in the letters offering the appointments as well as such Rule as apply to such staff. Head of Departments are authorized to terminate these appointments in accordance with such terms. SECTION 6-TRANSFERS, SECONDMENTS AND POSTING 02601-Transfer is the permanent release of an officer from one service to another or from one cadre to another within the same service. secondment: means the temporary release of an officer to the Service of another Government or Body for a specified period. Inter-Service Transfer and secondment (a) Transfer of officers and civil servants between the Ekiti State Civil Service and another public Service are conducted through and subject to the approval of the Civil Service Commission which shall be furnished with performance Evaluation Reports covering the last 3 years. (b) secondment-(1) secondment of officers to the service of other Governments or other bodies such as statutory corporation is also conducted through and subject to the approval of the Civil service

Commission but the terms of such secondments is a matter for the Office of Establishments and Training. (ii) Secondment of an officers to the service of another Government or approved Body at his own request shall be for maximum period of three years during which period he will be required to elect to be permanently released to the service to which he had been seconded or revert to his former post he will be entitled to notional increment during the period of his secondment and may be granted notional promotion by the Civil service Commission on his de-secondment in order to restore his seniority as a result of the promotion of others during his absence. (iii) If it is in public interest to second an officer to the service of another Government or approved body the period of secondment shall not be limited and the officer shall continue to hold his substantive post and be entitled to increment and promotion, and will be treated as having been posted on special duty. 02602-(a)Senior posts-Transfer from one senior post to another or form one cadre to another within the Civil Service required the prior approval of the Civil Service Commission and an officer must have served for a minimum period of 6 months in his original Department before seeking transfer must be submitted to the Head of the Applicants Department and must state the applicants reason for desiring a transfer and his qualification for the work he wishes to undertake Such application should be forwarded to the Civil Service Commission with a statement as to; how the applicant has performed his duties; whether the applicant is considered to be well qualified for the post he desires; recommendation as to the grant or refusal of the application. (b)Junior Posts-Transfers from one junior post to another within the civil service or from one department to another may be arranged, with the consent of the officer being considered for transfer, at the mutual discretion of their Head of Departments, subject to approval to fill such vacancy by the office of Establishment and Training. 02603-(a) Transfer from non-pensionable to pensionable appointment require the approval of the authority empowered to appoint at the level concerned and applications in regards to appointment made by the Civil Service Commission should be submitted to the Head of Department concerned and forwarded by him to the commissioned with his recommendations. At levels at which Heads of Departments are authorized to make appointment without the approval of the civil service commission, care should be taken to ensure that the concurrence of office of Establishments and training is obtained. (b) An officer who is permitted to transfer from a non-pensionable appointment must clearly understand that his appointment after such transfer, may be subject to a period of probation and that in such circumstances, should he fail to secure confirmation in the pensionable establishment, he will have no claim to his former non-pensionable appointment. However, the appointment of the officer may be determined by the Appointing Authority if after some period of grace he is not able to secure confirmation.

(c) The salary at which an officer or employee transfers to a pensionable appointment is not governed by the salary he was previously receiving in a non-pensionable appointment. In cases of transfer from an unestablished post to an established post; the salary of the transferee shall not be lower than what he was receiving as a non-pensionable employee; provided that he had not been wrongly placed on the salary scale. (d) An application for transfer to pensionable appointment from an officer who was aged over 45 years at the time he obtained his non-pensionable appointment will not normally be entertained. 02604 At all levels serving non-pensionable candidates for pensionable appointment must undergo a medical examination by a Government Medical Officer, if their non-pensionable appointment was not proceed by such an examination. If the Government Medical Officer does not certify them to be in sound health and medically fit for employment in the pensionable establishment their transfer will not be effected. 02605 To be eligible for transfer from the post of Clerical Assistant to the Clerical Officer an officer must have: obtained the full minimum education at qualifications for direct appointment to the post of Clerical Officer, or passed the Clerical Confirmation/promotion text at promotion level. 02606 The salary and incremental date at which a Clerical Assistant enters the salary Grade Level of post in the Clerical Officer Grade or transfer shall not be less than the incremental step on his old grade. 02607 Definition, The word post and its grammatical variations means the direction of staff to the particular locations at which the duties of posts in the Ekiti State Civil Service are carried out. The word does not itself connote a transfer from one post to another or a promotion or an acting appointment. 02608 General. Every officer must accept the liability of being stationed and posted wherever his presence is considered to be most useful. 02609 Recommendations regarding postings of permanent Secretaries will be submitted by the Head of Service to the Governor for approval. 02610 The postings of members of the Administrative Cadre will be undertaken by the Head of Service in consultation with members of the Senior Management Committee. 02611 The posting of Accountants will be undertaken by the permanent Secretary. Ministry of Finance on the recommendation by the Accountant General. 02612 The posting of Officers in the Executive Officer and Secretarial Cadre except those in the state Audit Department. Whose postings shall be initiated by the Auditor General will be undertaken by the Permanent Secretary, Office of Establishments and Training provided that in posting the Executive Officers of Accounts he should consult with the AccountantGeneral. 02613 It is the responsibility of the Head of a non-ministerial department, and the Head of a Division in a Ministry, to undertake the posting of officers other than the cadre referred to above. The Head of a Division in a Ministry should do so in consultation with the Director, Finance and Administration and General Division of the Ministry but the

posting of Heads of Divisions are subject to approval by the permanent Secretary. 02614 A male officer will not normally be transferred from a station where both he and his wife are in Government employment or where he is in government employment and his wife is rending essential public service, for example in the teaching profession, unless arrangements can be made for the wife to be similarly employed in the new station. Although cases may arise where the husbands posting, regardless of the effect on his wifes position, is unavoidable, such cases should be rare. PROMOTIONS AND CROSSING OF SALARY BARS 02702 - (a) Except where powers of appointment or promotion been delegated to head of establishments no promotion shall become effective until they have been approved by Civil Service Commission. (b) Promotion shall be made strictly on the basis of competitive merit by selection from amongst all suitable candidates. (i) in assessing the merit of officers, a clear distinction shall be made between their record of performance or efficiency in lower grades and their potential for promotion, i.e. ability and competence to perform efficiently the duties and responsibilities of the higher post. (ii) Seniority and previous records of performance will be taken into account in choosing between candidates with equal potential for promotion. (iii) In the cases, however, a generally satisfactory record of conduct shall also be considered. (c) The responsibility for the promotions in accordance with the prevailing procedures shall be as follows: (i) All Administrative Officers Senior Management Committee (ii) All posts in a general pool under the control of the permanent Secretary, Office of Establishments and Training, General Executive/Secretarial Cadres Selection/Promotion Board, Office of Establishments and Training. (iii) All specialized professional/technological Cadres-Professional Heads of Departments/Divisions in the Ministry/Department concerned. (iv) All other grades-Heads of Ministries/Departments concerned. (d) (i) Ministries/Extra Ministerial Department shall have power to promote officer in GL.01-06. (ii) The Civil Service Commission shall carry out the promotion of officers on GL.07-17 based on the recommendations received from Ministries/Ministerial Department pools and senior Management Committee. (iii) The maturity period for promotion of staff shall be as follows: GL 01 06 2 years GL 06 07 2 years GL 07 14 3 years GL 14 15 3 years GL 15 17 4 years The above are mandatory wasting period for promotion. However, such promotion shall be subject to vacancy and satisfactory reports on the eligible officers.

02703 (a) All staff promotion Committees shall take into account the Annual performance Evaluation Report (APER) of each officer for the waiting period. Each APER shall be summarized and the equivalent marks shall be confirmed or vetted by the moderating officers and shall be shown on the APER form. Staff on GL. 07 and above who are being considered for promotion must appear before the appropriate Senior Staff Committee for promotion interview. In the case of officers entering into the Senior grades at GL. 13, Government should provide training facilities. There shall also be interview for promotion from GL. 06 to 07 The claims of meritorious officers in the civil service shall take precedence over those of person not already in the service. No officer shall be debated from promotion on the sole ground of lacking a formal education qualification other than that require for his grade and mode of entry into the service ; provided also that no officer may be promoted to a post which require its holder to have formal training , professional or technological qualification which he does not posses. Only in very exceptional cases where available candidate within the civil service are not consider suitable for promotion to any vacant post may the latter be advertised publicly t interested person outside the service. In such a case ,and similarly when officers in other Public Service in the Federation are being recruited/transferred on promotion to the State Civil Service, it should be ensure that they meet the specific job requirement for the promotion post as in rule 02703 above. At the end of each promotion exercise, within six month of the announcement of the promotion an officer shall be allowed the right of appeal against non- selection and a reconsideration of his case. 02704-The effective dates of promotion from one senior post to another shall be with effect from either January or July of a given year as approved by the civil service commission 02705-Departmental promotion boards shall be convened from time to time interview and or review officer from holding junior appointment in the department who may be recommended to the Civil Service Commission which shall examine the suitability of officers so recommended and offer them promotion to existing vacancy. 02706-The effective date of a promotion from a junior to a senior post shall normally be the date approved by the civic service commission in accordance with rule 02704. 02707-The vacancy in a junior promotion post shall be filled by promotion within the department concerned but if no suitable offer is available in the department the head of ministry shall report the matter to the office of the establishment and training which may arrange the selection of suitable officer from another department or elsewhere. 02708- the head of the ministry is authorized to fill his department vacancies in grades higher than clerical officer and equivalent grades by promoting thereto officer selected by his junior Staff Committee. 02709- in the case of inter-departmental promotion the effective date of promotion shall be the date approve by the appointing authority. 02710-(a)An officer on study leave without pay may be considered for promotion where the qualification he is expected to obtained after the

course is not a pre-condition for the promotion but such promotion shall be notional. The effect of this is that it enables the officer concerned to maintain his relative seniority vis--vis his colleagues in the same grade. Such an officer is not entitled to the salary attached to the post to which he is promoted until he returns to duty. (b)An officer on in-service-training is eligible to promotion, the effect of which is to entitle him immediately to enhanced salary while still in training. 02711-(a)An officer who has passed the compulsory examination for confirmation in the service shall be eligible for promotion after the mandatory waiting period prescribed in the scheme of service for his cadre. 02712- Officers on Contract or month to month term are not eligible for promotion. 02713- Definition: A salary bar is created by a rule (whether the word salary bar are used or not ) in a scheme of service or circular or similar instruction, to the effect that an officer may not proceed to a certain salary or segment of a salary scale, without fulfilling some conditions. 02714-Before an officer or employee can be considered to be eligible to pass a bar, he must have passed any departmental proficiency or trade test and fulfilled any other condition laid down in the scheme of service or other instruction relating to his post. To proceed to a salary above the bar without hating, he must obtain the necessary qualification as in the previous sentenced by the time he has served for twelve month on the salary point below the bar if he has not previously obtained it. 02715-If in exceptional circumstances this normal time limit is extended by the authority empowered to appoint to the post held by the officer in question, the duration of the extension will be specified at the time it is granted. 02716- The effective date of an officers passing of a salary bar isin the normal case of an officer or employee who has obtained the qualification to pass the bar before proceeding to a salary above the bar, the date on which he so proceed. 02717-The passing of salary bar is equivalent to promotion (except that it does not depend on a vacancy in the establishment of the higher grade, and that is automatic upon obtaining the prescribed qualification, containing no element of selection.)Accordingly on the effective date on which an officer or employee passes a bar he will pass over in seniority and officer previously senior to him who has not by that date pass the bar. As an exception to this rule the authority empowered to appoint to the post held by the officer in question may at his direction allowed an officer or employee, whose failure to pass a bar on the normal date has been due to ill-health or lengthy secondment to other duties an extension of passing the bar without loss of seniority save only in relation to those colleague who, as a result of obtaining promotion would have passed him over even if he had passed the bar on his normal date. 02718- When an officer or employee is granted an increment which takes him to the maximum of the scale below the bar, and has not obtained the qualification that will enable him, twelve months, later, to pass the bar,

the appropriate officer should warn him of the fact that in writing and make such note in the personal emoluments payment record he maintained, so as to ensure that the officer will not receive another increment without passing the bar. Failure to take Such action, however, has no any overpayment later made or offered to him as if he passed the bar. 02801-if within his probationary period it is established to the satisfaction of the authority empowered to appoint an officer that he is not generally efficient, his appointment may be terminated in accordance with 04201 by the authority at any time without any further compensation than free transport will be granted only if his conduct has been good. Provided the termination is not due to misconduct on the same proviso, if the officer is eligible for vacation leave transport grant in lieu of the place within the period of notice and, if , to expire on same day as in notice .The position regarding the refund of the cost of any training giving the officer his govern by born relating to such training 02802- If any officer relinquishes appointment within the period of his probationary service he may be require to refund any expenditure by government in transporting him, his family servant and baggage to or from the places at which he has been employed and he will not be eligible for any facility from government towards transport from state at which he is then serving. The position regarding the refund of the cost of any training giving the officer is govern by the bond relating to such training. 02803- The appointment of an officer on probation who fails to secure confirmation in a pensionable establishment at the expiration of his probationary period, including such extension thereof as prescribe under Rule 02301,may be terminated in the manner specified in Rule 02801. 02804- (a) An officer who resigns will be liable to;(i) forfeit all claims to vacation leave for the current year; any leave or passage privileges granted will be ex-gratia;(ii) refund to the government in full any sum of money which he may be owing the government or which, under the provision of other Rules or agreement entered into with government ,under the provision of other Rules or agreement entered into with government is refundable to government for his not discharging the obligation set out in such agreement; provided any of all such refund may be waived at the discretion of the government. (b)By virtue of the provision of regulation15 of the Pension Acts (Cap.147) all previous pensionable service is forfeited on resignation and cannot be taken into account for pension purposes if the officer is subsequently reemployed except where, under circumstances such a break in service has been condone by the office of establishment and training Where, however an officer put in an application for resignation after five years but less than 10 years of service in ignorance of his entitlement to gratuity such application may be regarded as an application for withdrawal. In like manner where an offer put in application for resignation after serving for at least 10years in the service, such application may be regarded as one for retirement 02805- An officer who leaves the service other than by registration or dismissal will be eligible for proportionate leave in accordance with Rule

13208. If he has enjoyed more leave during the leave year than he is eligible to receive under that Rule, he will be required to refund salary at the rate at which it was pay for the number of working days leave enjoyed in excess of what he was eligible to receive , the days in respect of which salary is refunded being treated as leave without pay for pension purposes. This provision will be waived in the case of an officer who has died in the service. 02806- Ex-gratia leave under Rule 02804 may be granted an officer who resigns his appointment only if he has served the minimum period of ten month during the leave year. Any debt due to government as a result of an officer who resign after having enjoy his leave before complete the minimum period specified under this Rule will be treated in accordance with Rule 13208(b). 02807-A grant of pension and gratuities to holder of pensionable post in the civil service is govern by statute in the extant Pension Act of the Federation of Nigeria as applicable in Ekiti State. SECTION 1- GENERAL SECTION 2- EMPLOYMENT OF MARRIED WOMEN SECTION 3- RULES RELATING TO PREGNANCY SECTION 1- GENE RAL 03101-Married woman means a woman who is married under the marriage Act ,Customary Law and a woman separated from her husband but does not include a widow or a woman divorced from her husband. 03102-NIGERIAN MARRIED WOMAN includes an expatriate woman married to a Nigerian husband. 03103 (a) Notwithstanding that throughout these Rules the terms Officer and Servant are referred to in the masculine gender, the provisions there of apply equally to women servants. (b) A child is not normally entirely dependent on a woman servant unless the father of the child is dead or she is divorced from him and has been awarded legal custody of the child without a maintenance order. EMPLOYMENT 03201 (a) Nigerian women whether married or not, may be admitted to the permanent establishment in those grades of the Civil Service for which they are qualified. On equal terms with men. (b) Non-Nigerian women who are professionally, academically or technically qualify are eligible for contract term of employment in respect of grade level 08 and above. In respect of all other post they are eligible for appointment on month to-month term only. 03202 A woman Civil Servant who married while in the Civil Servant must immediately notify her Head of Department of her marriage (whether under the Married Act, according to Islamic Law or according to Customary Law). A Nigeria woman shall not be require to resign or retire on marriage , but she may exercise her right to retire or after marriage. SECTION - 3 RELATING TO PREGNANCY 03301- (a) A female Civil Servant who becomes pregnant shall proceed on leave six weeks before her confirmation A medical certificate showing the

prospective date of confirmation must be presented not less than three months before that date. No female servant shall be permitted to resume duty until six week after her confirmation . (b) Effect of Annual leave on maternity Leave . Any pregnant female officer who is granted maternity leave shall be entitled to full pay for the period of twelve weeks of confirmation out of which her annual leave for the year shall be deducted. Where the annual leave has already been enjoyed before the grant of maternity leave that part of her maternity leave that is equivalent to her leave entitled should be without pay. (c) The annual vacation leave entitlement of a female civil servant , whose date for maternity leave has been certified medically but goes into confinement before the due date of maternity leave; should form part of the post-confinement leave for six weeks and should be on full pay. (d) Maternity leave should belong to the year in which it commences; notwithstanding that a greater or lesser part of it extends into a new year leave should be considered eligible for annul vacation leave in the new leave year calculated prorate from the date the officer resume duty after the expiration of the maternity leave. (e) Female Civil servants on temporary or daily-rated terms who are certified medically as pregnant should, provided they have been employed for not less than eight months be granted six weeks maternity leave before confinement and should not be permitted to resume duty until six weeks after confinement. 03302 Any disciplinary proceedings against a female civil servant which might otherwise have been taken during the period of her maternity leave shall be postponed until her maternity leave has expired. Such postponements, however, shall not in any way prejudice the proceedings against her. 03303 Any female civil servant married or unmarried, who is about to undertake a course of training of not more than six months duration shall be called upon to enter into an agreement to refund the whole or part of the cost of the course in the event of her course being interrupted or grounds of pregnancy. 03304 No female civil servant shall be required to resign or retire by reason of pregnancy. 03305 Any woman civil servant who is nursing a child shall be granted an hour of duty, every day (that is the last hour of the working period). This facility shall be granted up to maximum period of six months from the date of resumption from maternity leave. SECTION 1 - DISCIPLINARY PROCEDURE MISCONDUCT SECTIONS 2 - 05101 Disciplinary proceedings in accordance with this chapter are initiated because of an officers misconduct or general inefficiency. 05102 The power to dismiss and to exercise disciplinary control over servants holding offices in the public Service Commission.

This power may be delegated to any member of the Commission or any officer in Public Service. 05103 General disciplinary procedure for dismissal and termination of Appointments is laid down in the Civil Service Commission Regulations. It should therefore, be read in conjunction with this chapter 05104 (a) It shall be the duty of every officer to report any case of misconduct that comes to his notice to an officer superior to the officer involved. (b) When an officers misconduct is brought to the notice of his superior officer, it shall be the duty of that superior officer to report it to the Head of Department without delay. If necessary, recommendation as to interdiction or otherwise ,may accompany the report (see Rule 05115). (c)On receiving the report, the Head of Department shall take action in accordance with Rule 05107 or 05108 as appropriate and if necessary may recommend to the Civil Service Commission or may himself order (if within powers delegated to him under Rules 05116). (d) At the appropriate point in the investigation ,the officer or employee may be suspended in accordance with Rule 05118. CONDUCT PREJUDICIAL TO THE SECURITY OF THE STATE 05105 Where it is considered that the conduct of an officer is prejudicial to the security of the State, and where a Committee comprising members from the Governors Office, the Ministry of Justice and the Office of Establishments are satisfied that an officer has committed a misconduct involving the security of the state; disciplinary action as may be deem fit shall be taken against the officer by the civil service commission. 05106- if it is recommended to the civil service commission that an officer has been guilty of misconduct and commission does not consider the alleged misconduct serious enough to warrant proceeding under rule 05107 and 05108 with a view to dismissal; it may cause an investigation to be made into the matter in such manner as it considers proper and the officer shall be entitled to know the whole case made against him shall have an adequate opportunity throughout of making his defense. If as a result; the civil service commission decide that the allegation is proved; it may inflict such punishment upon the officer as by way of reduction in rank; incremental penalty or otherwise. 05107-The term officer in this rule refers to all officers in the public service except the following: officers on contract or month-to-month terms un-established staff; and non-pensionable staff; etc An officer in the Public service may be dismissed by the service commission only in accordance with the following rules the method of dismissal is otherwise provided for in these public service rules: The officer shall be notified in writing of the grounds on which it is proposed to dismiss him; and he shall be called upon to state in writing; before a day to be specified which day must allow a reasonable interval for the purpose ); any grounds upon which he relies to exculpate himself:

The matter shall be investigated by the appropriate authority with the aid of Head of the officers Department; and such other officer or officers as the appropriate authority may appoint: If any witness is called to give evidence; the officer shall be entitled; to be present and to put question to the witness: No documentary evidence shall be against the officer unless he has previously been supplied with a copy thereof or given access thereto: If the officer does not furnish any representation within the time fixed; the civil service commission may take such action as deem appropriate against him: If the officer submits his representations and the commission is not satisfied that he has exculpated himself; and considers that the officers should be dismissed; it shall take such action accordingly: If upon considering the representations of the officer does not deserved to be dismissed from the service but deserves some other punishment ,it shall impose on the officer such punishment as it considers appropriate; If upon considering the representation of the officer the Commission is of the opinion that the officer does not deserve to be dismissed but the facts of the case disclose grounds for requiring him to retire in accordance with Rule 05114 it shall direct accordingly; In exceptional cases, if upon considering the officer representations the Commission is of the opinion that the case against the officer needs further clarification, it shall appoint a committee to enquire into the matter ,the committee shall consist of no less than three persons, one of whom will be appointed Chairman by the Commission. The member of the committee shall be selected with due regard to standing of the officer concerned, and to the nature of the complaints which are the subject of the inquiry. The Head of the officers Department shall not be a member of the committee; The officer shall be informed that on a specified day, the question of his dismissal shall be brought before the committee and that he shall be required to appear before it defend himself and shall be entitled to call witnesses. His failure to appear shall not invalidate the proceedings of the committee; If witnesses are examined by the Committee, the officer shall be given an opportunity of being present and of putting questions to the witnesses on his own behalf and no documentary evidence shall be used against him unless he has previously been supplied with a copy thereof or given access thereto; In exceptional cases, the committee may in it discretion, permit the officer to be represented by a solicitor or counsel, provided that where the committee permits the officer to be represented by counsel, the government shall similarly be represented by a counsel; If during the course of the inquiry further grounds for dismissal are disclosed, and the Civil Service Commission think fits to proceed against the officer upon such grounds, the officer shall by the direction of the Commission be furnished with a statement thereof and the same steps shall be taken as are above prescribed in respect of the original grounds;

The Committee having inquired into the matter shall make a report to the Commission which, if it is considered that the report should be amplified in any respect or that further enquiry is desirable may refer to any matter back to the Committee for further inquiry or report accordingly. The commission shall not hear witnesses; If upon considering the report, of the committee together with a Copy of the evidence and of all material documents relating to the cases; the commission is of the opinion that the officer should be dismissed; such action shall immediately be taken. If the Civil Service commission does not approve the officers dismissal; and does not consider that any penalty should be impose . the officer shall be reinstated forthwith and shall be entitled to the full amount of salary denied him if he was interdicted; If the commission considers that the officer deserves some punishment but not dismissal; it shall apply such penalty as it deems appropriate. If upon considering the report of the committee.; the commission is of the opinion that the officer does not deserve to be dismissed but that the proceedings disclose grounds for requiring him to retire the commission shall, without further proceedings, direct accordingly. 05108- An officer on contract or month-to-month terms may only be dismissed by dismissal of the Civil Service Commission in accordance with the procedure set out in subsections [i] to [vii] in rule 05107- un less the method of dismissal is otherwise provided for in these civil service rules. 05109- If criminal proceedings are instituted against an officer, proceedings for his dismissal upon any grounds involved in the criminal charge shall not be taken pending the criminal proceedings. 05110- IF an officer is convicted on a criminal charge, The civil service commission shall consider the proceedings of the criminal court if it is of the opinion that the officer should be dismissed or subjected to some lesser penalty on account of the offence for which he has been convicted. The officer may thereupon be dismissed or otherwise punished without any of the proceeding prescribed in rules 05107 and 05108 being taken. 05111-An office convicted of a criminal offence (other than a minority offence and the like) shall be suspended with effect from the date of conviction. Pending consideration of his case by the civil service commission; 05112-An officer acquitted of a criminal offence shall not be penalized for any charge of which he has been acquitted; but nothing in this rule shall prevent his being dismissed or other wise punished on any other charges arising out of his conduct in the matter, provided that such charges do not raise substantially the same issues as those of which he has been acquitted. If the civil service commission thinks fit; the usual proceedings may be taken for the purpose. 05113- An officer who is dismissed forfeits all claims to retiring benefits, leave or leave bonus.

05114 Notwithstanding the provisions of this chapter; if the civil service commission considers that it is desirable in the public interest that an officer should be required to retire from the service on grounds which cannot suitably be dealt with by the procedures laid down in the rules 05107 and 05108; it shall call for a full report from the heads of the departments in which the officer has served; and if; considering that report and giving the officer an opportunity o f submitting a reply to the complaints by reason of which his retirement is contemplated. the commission is satisfied; having regard to the conditions of the service; the usefulness of the officer thereto and all other circumstances of the case that it is desirable in the public interest so to do; it shall retire the officer and the officers, service shall accordingly terminate on such case; the question of pension will be dealt with under the current pensions act; 05115-[i] if the proceedings laid down in rule 05107or 05108 are being taken against an officer or a criminal charge has been laid against him and the civil service commission considers it in the public interest that he should cease to exercise the powers and functions of his officer instantly; the officer may be interdicted. (ii) Recommendations to the Civil Service Commission for interdiction shall be made only if it is against the public interest that the officer Should continue to perform any of the duties of his rank. When the charge against him is such that the continued performance of his present duties is against the public interest or prejudicial to the investigation of the charge against him; [iii] when an officer is interdicted he shall cease to report for duty [but see rule 05117 and shall receive such proportion of the emoluments of his officer. Being not lees than one-half as the civil service commission shall determine. The letter informing an officer of his interdiction shall also indicate the proportion of his emoluments he is to receive while on interdiction. If proceedings under the rule 05108 or rule 05108 reveal that he is not guilty of the charge(s) made against him the officer shall immediately be Reinstated and shall receive the full amount of his emoluments denied him while he was interdicted. If he is found guilty but is not dismissed. He may be refunded such portion of the emoluments denied him as the service commission may determine. 05116-the process of interdicting an officer as set out in rule 05115 is delegated as follows: POWER TO INTERDICT of notice, whichever Officer holding senior posts Officer holding junior posts higher than Grade level 06 in the centrally deployed cadres. Officers holding junior posts grade level 06 And below and including clerical officer or Its equivalent in other branches.

interdiction should not be used in the case of temporary staff or daily rated servants. If a member of the temporary staff or daily-rated servant is arrested on a criminal charge or if it is necessary to prevent him from exercising the power and functions of his office (ending the result of criminal or disciplinary proceeding, his employment should be terminated forthwith by payment of the appropriate wages in lieu of notice on the understanding that if he is subsequently exculpated, he will be reengaged as from the date of exculpation or from the day following the expiration of the period for which he was paid in lieu is earlier. 05117-(a) An officer or employee who is under interdiction or suspension shall notify the head of department of his station but shall not leave the country without the specific approval of the Civic Service Commission during the interval preceding the determination of his matter. (b) He is also responsible for keeping his Department informed of the address at which instructed to him can be delivered. (c) If the fails to comply with the instruction within seven days they have been delivered to him at such address, he will be regarded as absent from duty without leave. 05118-Suspention should not be used as a synonym for interdiction. It shall apply where a prima facie case(the nature of which is serious )has been established against an officer and it is considered necessary in the public interest that he should forthwith be prohibited from carrying on his duties. Pending investigation into the misconduct, the Civil Service Commission or the head of department (if within his delegated power ) shall forthwith suspend him from the exercise of the power and function of his and from the enjoyment of his salary. 05120-When an officer is dismissed, no notice or salary in lieu shall be given to him and his dismissal shall take effect from the date on which he is notified thereof. This date shall be notified by the head of Department concerned to the Civic Service Commission and to the Establishment and training as soon as possible. Where the officer concerned seeks to evade this official notification, the effective date shall be (a) that on which he is served with the notification, even though he may refuse to acknowledge receipt; or (b) the date on which the notification is delivered by messenger to his recorded address, even though the officer concerned does not himself acknowledge receipt of such delivery; or (c) the date on which the notification is sent by registered post to his last known or normal address. GENERAL INEFFICIENCY 05121-(a) General inefficiency consists of a series of omission or incompetence of which the cumulative effect shows that the officer is not capable of discharging efficiently the duties of the office he holds. (b)Before proceedings for the removal of a servant for general inefficiency could commence, he must have; (i) been warned on two or more occasions previously, or in writing or;

(ii) suffered loss or deferment of his last increment on the same ground; and (iii) been given ample opportunity for improvement. 05122-The leave entitlement of the officer as at the time of the notice shall be calculated on pro rata and commuted to cash. 05123-It shall be the duty of every superior officer as soon as he observe any fault or shortcoming in an officer subordinate to him, to bring it to the officers notice and to record that this has been done, with a view to improving the officers usefulness and efficiency in the service but after due process of disciplinary action. 05124-As soon as a superior becomes dissatisfied with the work or behavior of any officer subordinate to him, it shall be his duty so to inform the officer in writing giving detailed of the unsatisfactory work or behavior and to call upon him to submit within a specific time such writing representation as he may wish to make to exculpate himself from disciplinary action. After considering such written representations as the officer or employee may make within the specific time the superior shall decide whether; the officer has exculpated himself in which case the superior officer shall so inform him and no further action shall be necessary, or the officer has not exculpated himself, but no immediate punishment is warranted (but in helpful and sympathetic terms)and require the officer or employee to acknowledge its receipt in writing, or (c) the officer has not exculpated himself and deserves some punishment, in which case Rule 05104 shall apply. 05125- Head of department are authorized, subject to the provision of the Labour Code Act (Cap.91) and of individual letters of consideration for appointment (Form Gen.69and Gen.69A)to terminate the employment of employees temporary staff and daily-rated staff at their discretion, provided that prior to the dismissal of any such servant he has been informed of the ground on which it is proposed to dismiss him and has been given an opportunity to submit representation why he should not be dismissed. Similarly, prior to the termination of his service for inefficiency, such servant shall be warned of his failing and be given an opportunity to improve or to offer a satisfactory explanation of his failure to perform his duties efficiently. 05126-Where a Tribunal of inquiry set up by the Government makes recommendation of a disciplinary nature on an officer, and where such recommendation are accepted by the Government, the Civil Service Commission shall proceed to implement the tribunals recommendation without following the formal disciplinary procedures set out in these Civil Service Rules. MISCONDUCT 05201- misconduct is defined as a specific act of serious wrong doing susceptible of investigation and proof. It includes: (i) willful act of omission or general misconduct to the public or to the scandal of the public or to the prejudice of discipline and proper administration of government, e.g. corruption, dishonesty, drunkenness

on duty , false claims against Government, foul language, insubordination, negligence, falsification or suppression of records; Conviction for a criminal offence(other than a mirror traffic or sanitary offence or the like;(cases of doubt should be referred to the Ministry of justice for advice). (iii)Serious financial embarrassment; (IV)Absence without leave or reasonable cause; (v) Engaging in political activities; (vi)Disobedience of lawful instruction; (vii) Disclosure of official information to unauthorized person; (viii) Action prejudicial to the security of the State; (ix) Membership of a secret society as defined in Rule 01003. 05202-(a)Any officer or employee who absent himself from duty or from Nigeria without leave or reasonable cause, render liable to be dismissed from the service without formality, and the onus shall rest on him to show that the circumstances do not justify the imposition of the full penalty. (b) An officer will not receive salary in respect of any period during which he is absent from without leave. 05203-(1) For the purpose of these Rules the expression serious financial embarrassment means the state of an officers indebtedness which, having regard to the amount of debt incurred by him has actually caused serious financial hardship to him, and without prejudice to the general meaning of the said expression, an officer shall be in serious financial embarrassment : If the aggregate of his unsecured debts and liabilities at any given time exceeds the sum of five times his monthly emoluments. Where he is a judgment debtor, for as long as the judgment debt remains unsettled; or (c) where he is adjudged bankrupt or insolent wage earner, for as long as he remains an undercharged bankrupt or as the case may be for as long as any judgment against him in favour of the official assignee remains unsatisfied. (2)Serious financial embarrassment from whatever cause shall be regarded as necessary impairing the efficiency of an officer and rendering him liable to disciplinary action. (3) If such embarrassment is caused by imprudence or other reprehensible cause, the servant concerned shall be liable to immediate dismissal and the onus shall rest on him to show that the circumstance do not justify the imposition of the full penalty. (4) It shall be the duty of the Registrars of the Supreme court of Nigeria, the High Court, Magistrates Court as well as Commissioners of Stamp Duties and Registrars of bills of Sales to report to the appropriate Heads of Department that a servant has becomes a judgment debtor or has acknowledge any debt in writing, as the case may be wherever it shall come to the knowledge of any of them. (5) When the fact that a servant has become a judgment debtor or a party to accommodation of bill or promissory notes is brought to the notice of his Head of Department, the letter shall call upon him to submit a Statutory Declaration in the prescribed form disclosing all his liabilities.

(6)Otherwise, a Head of Department may take such action as appear to him necessary when a servant becomes financially embarrassed; and, if he considered it undesirable that the servant should be retained in the Public service, he shall initiate the appropriate disciplinary proceeding. (7)As long as an officer is in serious financial embarrassment, he shall be disqualified for promotion or acting in a higher appointment. 05204-An officer shall not lend money at interest, whether on mortgage or otherwise, or guarantee or stand as surety for money lent on interest, to any other person. Nothing in this Rule shall be deemed to prevent members of registered Co-operative Societies or approved benefit societies from standing as sureties for loan made by the societies, nor shall deemed to prevent any officer from placing money in a deposit account in any bank or in the post Office Savings Bank or standing surety for money lent by Government to another officer. 05205 (1) No officer may borrow money either as principal or as surety from, or in any manner place himself under a financial obligation to a person (whether in the public Service of the Federation or of a State or otherwise), being a person: Who is directly or indirectly subject to his official authority; Who resides or possesses land or carries on business within the local limits of his official authority; With whom the officer has or is likely to have official dealings; or Who is a registered money lender. For the purpose of this Rule, the word person shall include a body of persons corporate or incorporated. (2) An officer may, however, borrow from banks, insurance companies cooperative societies or incur debts through acquiring goods by means of a hire-purchase agreement provided that: The banks, insurance companies, co-operative societies from which the officer borrows or the person with whom he signs a hire-purchase agreement are not directly or indirectly subject to his official authority, and do not have such official dealings with the officer as may lead to public scandal or be constructed as an abuse of his public position for his private advantage; and The aggregate of his debts does not or is likely to cause him serious financial embarrassment defined under Rule 04201. (3) Subject to paragraph (2), an officer may incur the following debts, provided that the aggregate of his debts is not likely to cause him serious financial embarrassment. Sums borrowed on the security of land charged or mortgaged, where the said sums do not exceed the value of the said land; Overdrafts allowed by banks; Sums borrowed from insurance companied on the security of polities; Sums borrowed from the Government or Co-operative societies; or Sums due on goods acquired by means of hire-purchase agreement. 05206 It shall be the duty of every head of establishment to ensure that all officers, employees and temporary staff in his Department who have access to classified or restricted papers have signed Oath of Secrecy in the appropriate form before they are granted such access and that the

declarations so signed are safely preserved. To facilitate this action in respect of officers holding junior posts, Oath of Secrecy is incorporated in form designed for that purpose. 05207 Every servant is subject to the Official Secrets Act. 1990 and is prohibited from disclosing to any person, except in accordance with official routine or with the special permission of Government, any article, note, document or information entrusted to him in confidence by any person holding office under any Government in the Federal Republic of Nigeria, or which he has obtained in the course of his official duties. Similarly, every servant shall exercise due care and diligence to prevent the knowledge of any such article, note, document or information being communicated to any person against the interest of the Government. COPYING OF OFFICIAL DOCUMENTS 05208 Every servant is prohibited from abstracting or copying official minutes, records or other documents except in accordance with official routine or with the special permission of his Head of Department. 05209 Officers and employees shall not, as a general rule, have access to confidential and secret records relating personally to themselves. REMOVING DOCUMENTS 05210 No officer may, on leaving the public Service takes with him any public record without the permission of the Permanent Secretary to the Office of Establishments and Training. 05211 Historical manuscripts or other documents of public interest which may be discovered by any servant in the course of his official duties may not be appropriated to his own use, but their existence must be reported to Government in order that steps may be taken for their examination and preservation. 05212 (i) Except in pursuance of his official duties no civil servant shall without the express permission of the Head of Service, whether on duty or on leave of absence: (a) act as the editor of, or take part directly or indirectly in the management of or in any way make financial contributions to, any newspaper, magazine or journal except the following: Department or staff magazine Professional journal; Publications of voluntary organization; (b) contribute to, whether anonymously or otherwise, or publish in any newspaper magazine or periodical or otherwise published, cause to be published in any manner anything which may reasonably be regarded as of a political or administrative nature; (c) speak in public or broadcast on any matter which may reasonably be regarded as of a political or administrative nature; (d) allow himself to be interviewed or express any opinion for publication on any question of a political or administrative nature or no matters affecting the administration, public policy, defence or military recourses of the federation or other country. (ii) (a) In considering whether or not permission for the proposed publication is to be granted, the head of service shall have regard to the

interest of the Government and the public, and may, if he consider it necessary, seek the opinion of other appropriate heads of department. (b) On the submission to the head of service of a brief outline of the scope of the proposed publication and the method of the treatment to be applied there to, the head of service may give a provisional permission for the proposed publication; provided that no final permission there of shall be granted unless a food and complete manuscript thereof shall have been submitted to the head of service, and he is satisfy that the proposed publication is not against the interest of the Government or the public. (iii) Nothing in this rule shall be deemed to prevent a servant from publishing in his own name, by writing, speech or broadcast, matters relating to a subject of general interest which does not contain a criticism of any officer, commissioner and ministerial statements or actions, or which can be regarded as of political or administrative nature; provided that in so publishing any matter compiled with Government sanction from official record, he gives prominence to a disclaimer of government responsibility for its accuracy. 05213 No officer shall, without express permission of the government, whether on duty or leave of absence: hold any office, paid or unpaid , permanent or temporary in any political organization; offer himself or nominate any one else as a candidate at any election of members of a local government council, or a state or federal legislature; Indicate publicly in support of or opposition to any party, candidate or policy; Engage in canvassing in support of political candidates. Nothing in this moon shall be deem to prevent an officer from voting at an election. 05214 Government owned financial institutions should not grant loans to companies in which anybody servant has more than 5 percent of the equity or 350,000.00 investment interest, which ever is less, COURSES OF INSTRUCTION WITHIN NIGERIA 16401- Courses of instruction within Nigeria-Where an officer is sent on a course of instruction locally, (i.e. in Nigeria, but outside is own duty station) for a period of 28 days, or more and board and lodging are not provided by the training institution concerned, he will be entitled to the appropriate traveling allowance as approved by the state government. Thereafter, he will be entitle to a local course Allowance at the rates approved from time to time by government. IN-SERVICE-TRAINING COURSES 16501- In-service- training courses are the course which service officers are nominated to undertake either to enhance their efficiency and promotion prospects or approved on their qualifications. 16501 in-service-training courses are broadly divided into two main categories: (a) those designed to enhance the promotion prospect of the participating officers by the acquisition of new qualification which renders such officers eligible for promotion to higher grades.

(b) those design merely to enhance the efficiency of the participating officers, and which may be accompanied with or without any special qualification. 16503-officers appointed on temporary or month to month terms will not normally be eligible for nomination for in- service-training course. But in circumstances where the efficiency of the officer can only be enhanced by training, such officers under this category may be nominated. 16504-the approval of the civil service commission will be obtained before the recommendation and selection of a public officer is made for an in-service- training course which will enabled him obtain higher qualification or experience rendering him eligible for promotion. 16505-in the case of in- service training courses the purpose of which is mainly to enhance the efficiency of the participating officers, clearing with the civil service commission will be involved, but the usual formalities for nominating officers for in-servicetraining should be followed. 16506-it is the duty of heads of establishment to ensure that officer being nominated for in-service training course, possess the minimum qualifications required to enter for the courses. It is also their duty to obtain regular and up- to- date reports on officers on in- service- training courses. Head establishments are requested to complete separate pro forma on who is being nominated for an in- service- training course or seminar. The pro forma should contain the following particulars. Name and address of donor, including nature and duration of course; Responsibility for costs and training, including international transportation and subsistence allowances; Extent of the financial involvement to Ekiti State government; Certificate of clearance with the Civil Service Commission where nomination involves suppression or promotion prospects; Statement to the effect that the nominee has not previously undergone similar in service-training courses; 16507-as a matter of policy, in service- training courses will not normally extend beyond a period of two years except for certain professional courses leading to specialization in the officers various chosen field e.g., medical officers. STUDY LEAVE 16601- (i) study leave with pay is a leave of absence granted to a confirmed officer who has spent a minimum of 10 years in the service to pursue a course of study. (ii) study leave without pay is a leave absence granted to a confirmed officer to pursue a course of study. 16602- only confirmed officers will normally be considered for study leave without pay. Officers on temporary month-to-month appointment and / or unconfirmed officers (except an unconfirmed office awarded a government scholarship) will not be eligible for consideration for grant of study leave without pay for further studies. 16603 (i) Study leave with pay will normally be limited to the period stipulated in the letter of admission, the duration of which must not exceed 4 years except by special permission of the office of Establishment and Training on yearly basis which must not exceed 2 years.

(ii) Study leave without pay wills normally be limited to a period not exceeding four years. In exceptional cases, the Office of Establishments and Training may approve an extension, on yearly basis, for a maximum period of five years. 16604 (i) Every application for study leave with/without pay should be submitted to the Office of Establishments and Training through the applicants Head of Establishment at least one month to the time of the officers proposed department when forwarding such application, the Head of the Establishment is required to give his opinion on whether the course of study proposed will be of benefit to Government. Every application is required to state the following facts. The course of study to be pursued, and to which admission has been expects to obtain on successful completion of the course: The name of an approved institution to which admission has been applied for or obtained: The duration of the study leave with/without pay with date: Present appointment and date of confirmation: (ii) Study leave with/without pay, where approved, will be for a specified period which should be clearly recorded in the officers Record of Service. 16605 Heads of Establishments are required to make adequate arrangements to receive regular reports in respect of the officer, from the authorities of the Institution in which the course is being undertaken. CLOTHING AND EQUIPMENT ALLOWANCES SECTION 1 GENERAL SECTION 2 OUTFIT ALLOWANCE SECTION 3 WARM CLOTHING ALLOWANCE SECTION 4 UNIFORM ALLOWANCE SECTION 5 CAMP EQUIPMENT SECTION 6 TOURING EQUIPMENT ALLOWANCE SECTION 1 GENERAL 17101 Nothing in these Rules shall give any officer a right to the allowance set out in this Chapter, the provisions of which may at any time be revoked, altered, added to or amended at the discretion of the Government. SECTION 2 OUTFIT ALLOWANCE 17201 Except as provided in Rules 17203 and 17204 an officer appointed from outside Nigeria to a senior post is eligible on such appointment for an outfit allowance of the appropriate amount specified in Rule 17205. 17202 An officer who has served in any of the Civil Services in Nigeria, and who is re-appointed after a break of less than three years in his service, is not eligible for outfit allowance. 17203 An officer who has served in another Civil Service whether in Nigeria or elsewhere and is appointed to the Ekiti State Civil Service after a break of less than one year in his service is not eligible for outfit allowance: except that if, during his previous service. He has not received

any outfit allowance, he his eligible, on appointment, for an outfit allowance. Of the appropriate amount specified in rules 17205. 17204- the appropriate amount of outfit allowances payable to offices eligible thereof are as approved by the government fro time to time. 17205-it shall be a condition on which an officer receives outfit allowance that he will refund it to government if, within three years of the commencement of his appointment in respect of which he receives it or within the term of the agreement covering such appointment, whichever period is the shorter, he leaves the post or is transferred to a post of similar status in another civil service whether of his own accord at the instance of the government. DISTURBANCE ALLOWANCE 20001 Disturbance allowance is granted as compensation for out of pocket expenses not covered by other regulations, but which are incurred by officers and established employees in the course of posting, as defined in Rule 21002. 21002 For the purpose of this Chapter posting includes the following, except where the move is at the officers own request: (i) Posting from one station to another during a tour of service; (ii) Posting from one station to another on return from leaves; (iii) Posting or secondment from the service of another Government in the Federation. (iv) Evacuation, on the instruction of the appropriate housing authority, from a Government quarter, of an officer allocated the quarter on other than a purely temporary basis, for the reason that the quarter is required for another officer; provided that the officer thus forced to leave quarter is obliged thereby to move outside the residential area concerned. Any claim made under this sub-paragraph should be supported by a certificate from the appropriate housing authority to the effect that the move in respect of which a claim is made constitutes a move from one residential area to another at the instruction of the housing authority. 21003 Nothing in these Civil Service Rules shall give any officer a right to disturbance allowance and the provisions of this chapter may at any time be revoked, altered, added to or amended. 21004 Disturbance allowance may be paid at the rate of ten per cent of the annual basic salary of the officer or employee. MISCELLANEOUS ALLOWANCES SECTION 1 (A) TEACHING ALLOWANCE FOR PROFESSIONALLY QUALIFIED STAFF (B) PART-TIME TEACHING ALLOWANCE (C) HOUSE MASTERS/MISTRESS ALLOWANCE SECTION 2 NON-ACCIDENT BONUS SECTION 3 LABORATORY ATTENDANTS AND SCIENCE/MATHEMATICS TEACHERS ALLOWANCE SECTION 4 HAZARD ALLOWANCE SECTION 5 TOOLS ALLOWANCE SECTION 1

TEACHING ALLOWANCE TO PROFFESSIONALLY QUALIFIED STAFF 22101 Teaching allowance is granted to professionally qualified staff such as Accountants, Engineers, Doctors, Surveyors, etc. who have served their pupilage, whose salary grading is not above grade level 12, and whose normal terms of appointment do not include teaching but are deployed to Training Institutions such as Staff Training Centre. Other grades of staff in the Technological/technical grades (sub-professional grade) posted to department Training Institutions as instructors are also eligible for teaching allowance. 22102 The teaching allowance will be paid to the two categories of officers mentioned in Rule 21101 at the appropriate rate approved from time to time. 22103 An allowance at an approved rate per hour shall be paid to part time Lecturers/Instructors in post-primary institutions. 22104 House Maters or House Mistress in charge of boarding houses in government-owned post-primary institutions shall be paid allowance at an approved rate per month. SECTION 2 NON-ACCIDENT BONUS TO DRIVERS AND DRIVER-MECHANICS 22201 In this section, the term accident means any occurrence whereby damage is done to persons or animals which in the opinion of the drivers Head of Establishment is attributable to the manner in which such a driver/driver mechanic drove or managed his vehicle. 22202 (i) A driver/driver mechanic will qualify for non-accident bonus if he drives a government vehicle, of whatever description on the high-ways. Those required by the nature of their duties to work in secluded places such as workshop, do not qualify. (ii) A driver/driver mechanic who comes within the description (I) above, whether on permanent establishment or daily paid, is eligible for the bonus after twelve months of accident-free driving. (iii) If involved in an accident in which he is adjudged to be at fault, a driver/driver mechanic forfeits his claim to a bonus and will start a further qualifying period of twelve months accident-free driving from the date of the accident. If he qualifies at the end of twelve months he will be eligible to receive the minimum bonus payable. (iv) Periods during which an otherwise eligible driver/driver mechanic is on vacation leave, sick leave, or on work-free days such as Saturdays, Sundays and public holidays may be treated as qualifying for non-accident bonus. (v) Any period during which a driver/driver mechanics is suspended or interdicted from duty shall not qualify for a bonus; that break in the qualifying period occasioned by such suspension/interdiction may be condoned if the officer is later reinstated. (vi) The bonus may be paid only on the authority of a Permanent Secretary or Head of a Non-Ministerial Department or any other officer to

whom the permanent Secretary or Head of a Non-Ministerial Department may delegate his power under this Rule. 22203 A non accident bonus will be paid annually to motor Drivers and Driver-Mechanics, whether they are permanent establishment staff, monthly-rated or daily rated, at the existing rate for accident-free driving. SECTION 3 (I) SCIENCE / MATHEMATICS TEACHERS ALLOWANCE (II) LABORATORY ATTENDANTS ALLOWANCE 22301 An allowance at an approved rate per month is payable to every Science or Mathematics teacher in a post-primary institution. 22302 A laboratory Attendant/Assistant who, in addition to his normal duties, is required to work with the evening classes section of a postprimary institution shall be entitled to an allowance per day at an approved rate. SECTION 4 HAZARD ALLOWANCE 22401 A flat rate of approved allowance per month shall be payable in the Fire Service to all operation staff, whether senior or junior, who are exposed to the hazards of fire fighting. 22402 A consolidated hazard allowance at an approved rate per month be payable to a fireman-driver who carries out duties of driving vehicles to the scene of fire and fighting fire on getting there. A Fireman-driver, will however, not be eligible for the monthly hazard allowance provided for in Rule 22401. 22403 Non-taxable special hazard rates of allowance will be payable to qualified staff in the Ministry of Health who works in the field of leprosy and tuberculosis and other infectious diseases. SECTION 5 TOOLS ALLOWANCE 22501 The following rates of Tools Allowance are payable to the undermentioned classes of Artisans who are expected to provide their own tools: (a) Carpenters (Including Pattern Makers) N250.00 per month (b) Joiners (Including Cabinet Makers) N250.00 per month (c) Plumber N250.00 per month (d) Bricklayers and Masons N250.00 per month 22502 Apprentices of the trades listed in Rule 22501 who are required to provide their own tools and maintain them throughout their period of training are also eligible to receive tools allowance at the rate approved for their particular trade. 22503 Payment of the allowance is dependent upon agreement having been reached between the establishment concerned and the Union which represents the workers concerned upon the minimum standard set of tools for each trade. And after the maintenance of these tools in good condition. To qualify for the payment of the allowance in any one-month, the artisan or apprentice concerned must have worked for thirteen days during the calendar month in question. EVALUATION The above regulations are very relevant to education because personnel have to be provided for each institution for the development of the Nation. Appointment of Staff at Primary and Secondary Schools Level

is the sole responsibility of Teaching Service Commission to transfer their personnel from school to school. Promotion is done every three years to avoid cheating and can be regular. The recommendation of the Principal is vital so that moral life, dedication to duty, punctuality, performance of students which is not seriously used, and other relevant virtues can be put into consideration. Although since the Inception of the government, promotion has been every year. On leaving the Service, whoever is interested in leaving the Service before retirement do so by writing a resignation letter to the Teaching Service Commission. He gives one month notice before leaving. Those who leave at retirement age (Sixty years) or after Serving for thirty five years will be given gratuity. These days, gratuity is not really reliable because some are disappointed by not given query reliable because some are disappointed by not given them at all or promptly. Discipline is done by given query to those who are not obeying the rules and regulations are given query. For regular offenders, they are reported to Teaching Service Commission or Ministry of Education and sometimes their salaries are withheld or even their appointments are terminated. Although Influences here and there may under discipline. In-Service-training is allowed with pay for those who have spent at least ten years in Service. This has to be with the permission of the Teaching Service Commission. Those who are not up to ten years in Service but desire in-Service training do so, if permitted without pay. Government has development courses for school personnel inform of regular Seminars and Workshops. Topics like: The Image of School Principals, How to improve the quality of teachers, Management of Secondary Schools. Allowances are given to qualified teachers in terms of housing, car loan and meal Subsidy. Other maintenance is the Sole responsibility of the individual. CONCLUSION Civil Service regulations are rules guiding all government workers. This is subjected to regular renew in which most of what is already written are either recopied, modified or change completely. Complete changing in this regard is not two common. This work discussed Civil Service regulations as affecting educational institutions, whereby appointment and promotion, disciplinary procedure, and distance allowance are discussed. Strictly speaking, all the rules are related to educational institutions only that some are related than other. This has really influenced this work. However, issues of availability of this document should be taken seriously by those in-charge or rather, at appointment it should be given to an employee to study where by a token amount of money is being deducted from his salary. Implementation of this useful document is also important most decisions are taken out of connection. If this should continue the guiding rule may not be relevant to Civil Service apart from

strict moment, when rules must be applied, regarding this laxity is very common. It is also important to note that Primary and Secondary levels of education are understood to be guided strictly by the Civil Service regulations. The universities have regulations at institutional levels and the governing council as well as National University Commission (NUC) has great influence.

REFERENCES Ekiti State of Nigeria, (2002) Civil Service Rules Psacharopoulos G (Ed) !1980) Information: an essential factor in Lewis L.J. (1954) Educational Policy and Practice. New York. Thomas Nelson and Sons Ltd. Regan D.E (1977) Local Government and Educational London, George Allen and Unwin Ltd.

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