POLICE: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION
(under section 65)
(20th June, 1975)
ARRANGEMENT OF REGULATIONS
2. Eligibility for award
3. Conditions of award
S.I. 72, 1975.
These Regulations may be cited as the Botswana Police Medal for Meritorious Service Regulations.
The President may award the Botswana Police Medal for Meritorious Service to a serving member of the Botswana Police Service as a reward for valuable and meritorious service.
A candidate for award of the medal must have served at least 12 years in the Service and must have set a high example by his conduct and diligence.
The Commissioner shall be the sole judge as to whether the service and character of a candidate shall merit recommendation for the award.
(under section 65)
(20th June, 1975)
ARRANGEMENT OF REGULATIONS
2. Eligibility for award
3. Conditions of award
4. Service in other Forces
S.I. 73, 1975.
These Regulations may be cited as the Botswana Police Long Service and Good Conduct Medal Regulations.
The President may award the Botswana Police Long Service and Good Conduct Medal to a serving member of the Botswana Police Service who has completed 18 years continuous service in accordance with these Regulations and who has, by his conduct and character throughout his service, shown worthiness for such reward.
(1) A candidate for the award of the medal shall be required to fulfil the conditions hereinafter prescribed as requisite for an exemplary character-
(a) he has not been convicted of an offence involving moral turpitude;
(b) he has not been frequently guilty of minor disciplinary offences;
(c) he has, in the opinion of the Commissioner, set a good example by his general conduct.
(2) A candidate shall be ineligible for the Long Service and Good Conduct Medal if he has-
(a) been convicted of any offence of a nature deemed to bring the name of the Botswana Police Service into disrepute;
(b) incurred more than six convictions against discipline during the last 16 years of service:
Provided that the award of a commendation by the Commissioner shall be considered to diminish by one the number of convictions referred to in this paragraph but shall not affect the candidate's eligibility or ineligibility for the medal in any other respect;
(c) been drunk on duty or, having been warned for duty, rendered himself unfit for such duty through drink.
Service in the civil Police Forces of other countries may, in the discretion of the Commissioner, be allowed to count towards the 18 years required period of qualifying service for the Botswana Police Long Service and Good Conduct Medal:
(i) where services have been rendered in the Botswana Police Service and in one or more other Police Forces, approved by the Commissioner, an interval not exceeding 12 months between any two such periods of service shall not be regarded as breaking the continuity of such service; and
(ii) no more than eight years continuous service in another Service shall be counted towards the 18 years service total required as qualifying for the award of the medal.
Subject only to the requirements of regulations 3 and 4, the Commissioner shall be the sole judge as to whether the conduct of a candidate merits recommendation for the award.
(under section 63)
(19th September, 1988)
ARRANGEMENT OF REGULATIONS
Enlistment, Promotion, Acting Ranks and Seniority
5. Acting ranks
Miscellaneous Matters relating to Retirement, Dismissal, Resignation and Termination of Appointment
6. Procedure relating to compulsory retirement, dismissal and termination of appointment
7. Supplementary provision in relation to termination of appointment on probation on first appointment
9. Voluntary retirement
10. Compulsory retirement
11. Further restriction on resignation and retirement
12. Leave on departing from the Service
Pensions and Gratuities on Retirement
15. Reduced pension and gratuity
16. Declaration to remove doubt in relation to previous service
17. Pensionable service
18. Widow's and dependant's gratuity
19. Medical examination and treatment of pensioners
Supplementary Provisions relating to Appeals
20. Supplementary provision relating to appeals
Pay and Related Matters
22. Incremental date
23. Stoppages of pay
24. Withholding pay
25. Deductions from pay and allowances
Transfers, Transport, Travel and Related Allowances
26. Transfers within and outside the Service
27. Transfer expenses
28. Travel on transfer
29. Travel by air on transfer
30. Travel by own vehicle on transfer
32. Transport, etc., on retirement
33. Transport on first appointment
34. Transport of officer's employee
35. Travel warrants
36. Travel by rail
37. Railway baggage allowance
38. Classification of leave
39. Accrual of vacation leave
40. Sick leave
41. Compassionate leave
42. Maternity leave
43. Leave without pay
44. Authority to grant leave
45. Limitation on grant of leave
46. Commutation of leave
47. Medical examination and treatment
48A. Service transport
48B. Packing allowance
48C. Meals to be live provided
Botswana Police Association
49. Establishment of Association
51. Constables' Branch Boards
52. Sergeants' Branch Boards
53. Inspectors' Branch Boards
54. Senior Officers' Branch Boards
55. Divisional Joint Branch Boards
56. Central Joint Committee
57. Convening of meetings of Branch Boards and Central Joint Committee
58. Constitution of Joint Branch Boards and Central Joint Committee
59. Business of meetings of Branch Boards and Central Joint Committee
60. Resolutions and minutes of meetings of Branch Boards and Central Joint Committee
61. Commissioner's response
62. Voting at meetings of Branch Boards and Central Joint Committee
63. Quorum for meetings of Branch Boards and Central Joint Committee
64. Attendance at meetings of Branch Boards and Central Joint Committee to be facilitated
65. Training accommodation
66. Mess, etc., subscriptions
67. Botswana Police Relief Fund
68. Botswana Police Savings and Loan Guarantee Scheme
S.I. 100, 1988,
S.I. 13, 1994,
S.I. 75, 1999,
Act 15, 2002,
S.I. 98, 2004,
S.I. 63, 2005.
Preliminary (regs 1-2)
These Regulations may be cited as the Police Regulations.
In these Regulations, unless the context otherwise requires-
"appointing authority" means the appropriate authority in terms of section 8 of the Act;
"approved leave destination", in relation to a police officer, means the place within Botswana approved by the Commissioner as the officer's destination for the purpose of any official leave granted to the officer;
"Association" means the Botswana Police Association established by regulation 49(1);
"dependant", in relation to a deceased police officer, means a spouse, dependant children and aged or disabled parents;
"last day of active duty", in relation to a police officer, means the day on the expiration of which he ceases to be a police officer:
Provided that, where that day falls on a day on which the officer is on leave, including travelling leave, in consequence of his departing the Service, the expression means the day immediately preceding the first day of that leave;
"minor child", in relation to a police officer, means an unmarried minor child of the officer who is financially dependent on the officer, and who is under the age of 21 years;
"police officer" or "officer" means a police officer who is a member of the Service;
"Service" does not include special Constables or the Police Reserve;
"Service Standing Orders" means orders issued or approved by the Commissioner in terms of section 4(2) of the Act;
"temporary transfer", in relation to a police officer, means a transfer where the period of absence from the officer's substantive duty station is not less than 30 days and not more than 90 days.
Enlistment, Promotion, Acting Ranks and Seniority (regs 3-5)
(1) No person shall be appointed a police officer unless he is over the age of 18 years and under the age of 30 years:
(i) where the President has directed, in terms of paragraph (i) of the proviso to section 8(1)(b) of the Act, that a person who is not a serving member of the Service may be appointed a senior officer; or
(ii) where the Commissioner is satisfied, in respect of a particular appointment to be made by him, that exceptional circumstances exist and that it is in the interest of the Service to do so,
the President, or the Commissioner, as the case may be, may extend the upper age limit prescribed by this subregulation.
(2) At the end of a police officer's period of probationary service on first appointment, the appointing authority shall immediately confirm the officer's appointment unless the appointment has been terminated under section 14 of the Act.
(3) Where he has any doubt as to the efficiency or acceptability of the behaviour of a police officer serving on probation on first appointment, the appointing officer may from time to time extend or further extend the period of 2 years' probationary service prescribed by paragraph (ii) of the proviso to section 8(1)(b) of the Act:
Provided that a police officer's period of probationary service on first appointment shall in no case exceed four years.
(1) Every promotion of a police officer shall be from the substantive rank currently held by him to a superior rank specified in the Schedule to the Act.
(2) No police officer serving on probation on first appointment shall be promoted:
Provided that a Constable so serving may be promoted, in accordance with such conditions as the Commissioner may from time to time establish, to any one of the cadet ranks specified in the Schedule to the Act.
(3) Where the appointing authority so directs, an appointment to a superior rank on promotion shall be a probationary appointment for such period, not exceeding two years, as the appointing authority shall specify at the time of the appointment.
(4) Where, in terms of subregulation (3), the appointing authority has specified a probationary period of less than two years, the authority may from time to time extend or further extend that period to a maximum period of two years.
(5) Where an appointment to a superior rank on promotion is a probationary appointment, the appointing authority may, at any time during the probationary period, and shall, at the conclusion thereof-
(a) confirm the appointment, if the authority is satisfied that the police officer in question has conducted himself efficiently and in every way satisfactorily in the new rank; or
(b) direct that the police officer in question shall revert to his former rank, if the authority is not so satisfied, whereupon the officer shall so revert.
(1) Where there is a deficiency in the numbers of a rank or the substantive holder of a rank is not readily available for duty, the appointing authority may appoint a police officer of a lower rank to act therein:
Provided that a police officer shall not be appointed to act in a superior rank-
(i) in order to meet a deficiency in the numbers thereof, unless that rank is immediately superior to his substantive rank; or
(ii) in order to replace a substantive holder thereof who is not readily available for duty, unless that rank is not more than two ranks superior to his substantive rank.
(2) The appointment of a police officer to act in a vacant rank superior to his or her substantive rank shall be for such period, not exceeding 12 months, as the appointing authority shall determine and, at the conclusion of that period, the police officer shall revert to his substantive rank unless he or she is then appointed again to act in the same or some other vacant rank superior to his or her substantive rank or appointed to the superior rank on promotion.
(3) Where a police officer ceases to act in a rank which is superior to his or her substantive rank, he or she shall revert to his or her substantive rank unless he or she is then appointed to that superior rank or some other superior rank on promotion.
(4) Where a police officer is, while acting in a rank superior to his substantive rank, appointed to the superior rank on promotion and the appointment is a probationary one, service in the superior rank immediately prior to the appointment shall count as part of the probationary period.
Miscellaneous Matters relating to Retirement, Dismissal, Resignation
and Termination of Appointment (regs 6-12)
(1) Where a police officer is retired under section 15(1) of the Act (other than under paragraph (c) (iv) thereof the appointing authority shall cause to be served on him, on or before the officer's last day of active duty or if that is not reasonably practicable, as soon after that day as is reasonably practicable, a statement in writing setting out the grounds of the retirement:
Provided that no police officer shall be retired under section 15(1)(a) or (b) of the Act unless the appointing authority has caused to be served on him, at least three months immediately before the officer's last day of active duty notice in writing of the authority's intention to do so.
(2) Subject to section 37 of the Act, where the appointing authority retires or dismisses a police officer from the Service and the officer wishes to appeal to the Police Council under that section against the retirement or dismissal, the appellant shall lodge the grounds for his appeal with the Commissioner within 14 days immediately after being informed of his retirement or dismissal and the Commissioner shall forthwith forward those grounds to the Police Council.
Where the appointing authority, under section 14 of the Act, terminates the appointment of a police officer serving on probation on first appointment, the authority shall give him or her 30 days notice of the authority's intention to do so.
(1) The appointing authority shall not permit a police officer to resign from the Service unless the officer has given the appointing authority at least three months' notice in writing of his wish to do so:
Provided that the appointing authority may permit a police officer to resign from the Service if he or she has given the authority at least one month's notice in writing of his or her wish to do so and, except in the case of an officer on probation, paid the Government one month's basic pay, including any police allowance he or she may have received.
(2) Where the appointing authority is the Permanent Secretary, a notice under this regulation shall be lodged with the Commissioner who shall forthwith forward the same to the Permanent Secretary.
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