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Service Commissions Act 1957 (Revised 1989)

LAWS OF MALAYSIA

REPRINT

Act 393

SERVICE COMMISSIONS

ACT 1957

Incorporating all amendments up to 1 January 2006 PUBLISHED BY

THE COMMISSIONER OF LAW REVISION, MALAYSIA

UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 IN COLLABORATION WITH

PERCETAKAN NASIONAL MALAYSIA BHD

2006

2

SERVICE COMMISSIONS ACT 1957

First enacted ... ... ... ... ... ... 1957 (Ord. No. 74 of 1957)

Revised ... ... ... ... ... ... ... ... 1989 (Act 393 w.e.f. 16 November 1989)

PREVIOUS REPRINT

First Reprint ... ... ... ... ... 2001

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LAWS OF MALAYSIA

Act 393

SERVICE COMMISSIONS ACT 1957

ARRANGEMENT OF SECTIONS

PART I

PRELIMINARY

Section

1. Short title and application

2. Interpretation PART II

PRIVILEGES AND PROTECTION

3. Certain communications to be privileged

4. Protection of members PART III

OFFENCES

5. Giving false information to Commission

6. Unauthorized publication and disclosure of information

7. Influencing or attempting to influence Commission

8. Members, officers and servants of Commission deemed to be public servants under the Penal Code

9. Consent of Public Prosecutor to prosecutions 4 Laws of Malaysia ACT 393

PART IV

REMUNERATION OF MEMBERS OF SERVICE

COMMISSIONS

Section

10. Remuneration

11. Provision against duplicate salary

12. Charge and payment of remuneration

13. Schedule may be amended by regulations SCHEDULE

Service Commissions 5

LAWS OF MALAYSIA

Act 393

SERVICE COMMISSIONS ACT 1957

An Act to make provision for the punishment of offences in connection with the Service Commissions, for the protection and remuneration of the members of the Commissions and for other matters connected therewith.

[Peninsular Malaysia--31 August 1957;

Sabah and Sarawak--4 March 1965]

PART I

PRELIMINARY

Short title and application

1. (1) This Act may be cited as the Service Commissions Act

1957. (2) This Act shall apply throughout Malaysia.

Interpretation

2. (1) In this Act, unless the context otherwise requires-- "Commission" means, as the case may be, the Public Services Commission, the Judicial and Legal Service Commission, the Police Service Commission, or the Education Service Commission. (2) In Parts II and III references to a Commission shall be construed as including references to any Commission of a State, corresponding in status and jurisdiction to the Public Services Commission, whose jurisdiction extends to persons in the public service of the State; and in such context references to the Yang di-Pertuan Agong and to the Government shall be construed as including references to the Ruler and to the Government of the State, as the circumstances may require.

6 Laws of Malaysia ACT 393

PART II

PRIVILEGES AND PROTECTION

Certain communications to be privileged

3. No person shall in any legal proceedings be permitted or compelled to produce or disclose any communication written or oral which has taken place between a Commission or any member of the Commission and the Government or any Minister or public officer or any communication between members of a Commission in exercise of or in connection with the exercise of the functions of the Commission unless the Yang di-Pertuan Agong shall in writing consent to such production or disclosure. Protection of members

4. Every member of a Commission shall have such and like protection and privileges in case of any action or suit brought against him for any act done or omitted to be done by him when acting in the execution of his office as is by law given to any Magistrate acting in the execution of his office. PART III

OFFENCES

Giving false information to Commission

5. Any person who, in connection with an application by any person for employment or appointment in the public service or with the exercise by a Commission of any of its functions, wilfully gives to the Commission or to any member thereof or to any person or body of persons appointed by the Commission to assist in the exercise of its functions any information which is false or misleading in any material particular shall be guilty of any offence and shall be liable to imprisonment for a term of two years or to a fine of two thousand ringgit or to both.

Service Commissions 7

Unauthorized publication and disclosure of information

6. (1) No member of a Commission nor any other person shall, without the written permission of the Yang di-Pertuan Agong, publish or disclose to any unauthorized person or otherwise than in the course of duty the contents or any part of the contents of any document, communication or information whatsoever which has come to his knowledge in the course of his duty as such member in respect of any matters relating to the exercise by the Commission of any of its functions, and any person who knowingly acts in contravention of this subsection shall be guilty of an offence and shall be liable to imprisonment for a term of one year or to a fine of one thousand ringgit or to both.

(2) If any person having possession of any information which to his knowledge has been disclosed in contravention of this section publishes or communicates such information to any person otherwise than for the purpose of a prosecution under this Act, he shall be guilty of an offence and shall be liable to imprisonment for a term of one year or to a fine of one thousand ringgit or to both. Influencing or attempting to influence Commission

7. Every person who, otherwise than in the course of his duty, directly or indirectly by himself or by any other person in any manner whatsoever influences or attempts to influence any decision of a Commission or any member thereof shall be guilty of an offence and shall be liable to imprisonment for a term of two years or to a fine of two thousand ringgit or to both:

Provided that nothing in this section shall prohibit any person from giving a certificate or testimonial to any applicant or candidate for any public office or from supplying any information or assistance upon formal request made by a Commission.

Members, officers and servants of Commission deemed to be public servants under the Penal Code

8. Every member, officer and servant of a Commission shall be deemed to be a public servant within the meaning of the Penal Code [Act 574].

8 Laws of Malaysia ACT 393

Consent of Public Prosecutor to prosecutions

9. A prosecution under this Act shall not be instituted except by or with the consent of the Public Prosecutor.

PART IV

REMUNERATION OF MEMBERS OF SERVICE

COMMISSIONS

Remuneration

10. (1) The remuneration of members of the Commissions specified in the Schedule shall consist of the salary or fixed allowance, allowances and privileges prescribed therein.

(2) The salary or fixed allowance of each member of such Commission shall--

(a) commence from the date of his appointment;

(b) accrue from day to day; and

(c) be payable monthly on the last day of each month, or on such other day as the Minister of Finance may from time to time determine.

Provision against duplicate salary

11. A person to whom any salary is payable under this Act or for whose salary as the holder of any other office provision is made by any other written law shall be entitled to receive only one such salary, but if he is the holder of two or more offices in respect of which salary is so payable and there is a difference in the salaries payable in respect of those offices, the office in respect of which salary is payable to him shall be that in respect of which the highest salary is payable.

Charge and payment of remuneration

12. (1) The sum required for the remuneration payable under this Act shall be charged on the Consolidated Fund. Service Commissions 9

(2) Until the coming into operation of Part VII of the Federal Constitution the sum charged by subsection (1) on the Consolidated Fund shall be charged on and paid out of the revenues of Malaysia. Schedule may be amended by regulations

13. The Yang di-Pertuan Agong may by regulations amend the Schedule.

SCHEDULE

[Section 10]

SALARIES AND FIXED ALLOWANCES

(A) PUBLIC SERVICES COMMISSION

Per month

"1. Chairman:

Salary RM11,544.50

2. Deputy Chairman: Salary RM8,299.10

3. Members: Fixed allowance RM5,946.81";

4. Acting Allowance: (a) In the event of the Deputy Chairman or any member performing the functions of the Chairman or the Deputy Chairman during a period of twenty-eight days, he shall be entitled to an acting allowance equivalent to the difference between his salary or fixed allowance, as the case may be, and the salary of the position he is acting in.

(b) The Deputy Chairman or any member who has been asked to perform the functions of the Chairman for the second or subsequent time shall be entitled to an acting allowance, if he performs the functions for a period exceeding fourteen days, including public holidays.

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(B) JUDICIAL AND LEGAL SERVICE COMMISSION

Members (excluding ex officio members and members appointed from among serving Judges):

Per month

Fixed allowance RM5,547.51

(C) POLICE SERVICE COMMISSION

Members (excluding ex officio members and members appointed from among serving Judges):

Per month

Fixed allowance RM5,547.51

(D) EDUCATION SERVICE COMMISSION

Per month

1. Chairman: Salary RM 9,039.80

2. Deputy Chairman: Salary RM 7,672.50

3. Members: Fixed allowance RM 5,547.51

4. Acting Allowance: (a) In the event of the Deputy Chairman or any member performing the functions of the Chairman or the Deputy Chairman during a period of twenty-eight days, he shall be entitled to an acting allowance equivalent to the difference between his salary or fixed allowance, as the case may be, and the salary of the position he is acting in.

(b) The Deputy Chairman or any member who has been asked to perform the functions of the Chairman for the second or subsequent time shall be entitled to an acting allowance, if he performs the functions for a period exceeding fourteen days, including public holidays.

Service Commissions 11

ALLOWANCES AND PRIVILEGES APPLICABLE TO

ALL COMMISSIONS

1. SUBSISTENCE ALLOWANCES (DOMESTIC): (a) on outstation duty for a period of twenty-four hours and above: Chairmen of all equivalent to a member of

Service the public service in Premier/

Commissions Special Grade `A' and above

on such terms and conditions

as stipulated in Treasury

Circular No. 2 Of 1992 or as

may be determined by the

Treasury from time to time.

Deputy equivalent to a member of

Chairmen and the public service in

members of all category I with a salary of

Service RM 3,872 to Premier/Special

Commissions Grade`B' on such terms and

conditions as stipulated in

Treasury Circular No.2 Of

1992 or as may be determined

by the Treasury from time to

time.

(b) on outstation duty for a period exceeding eight hours but less than twenty-four hours the rates shall be half the rates in subparagraph (a).

2. HOTEL ACCOMMODATION EXPENSES AND LODGING (DOMESTIC): Chairmen of all equivalent to a member of

Service the public service in Premier/

Commissions Special Grade `A' and above

on such terms and conditions

as stipulated in Treasury

Circular No. 2 Of 1992 or

as may be determined by

the Treasury from time to

time.

Deputy equivalent to a member of

Chairmen and the public service in

members of all category I with a salary of

Service RM 3,872 to Premier/Special

Commissions Grade `B' on such terms and

conditions as stipulated

in Treasury Circular No. 2

Of 1992 or as may be

determined by the Treasury

from time to time.

12 Laws of Malaysia ACT 393

3. ALLOWANCE FOR TRAVELLING USING OWN VEHICLE: (travelling from house to office and vice versa excepted) A member of a Service Commission using his own vehicle to carry out his official duty outside the headquaters is entitled to claim travelling allowance on such terms and conditions as stipulated in Treasury Circular No. 2 Of 1992 and Treasury Circular No. 6 Of 2001 or as may be determined by the Treasury from time to time.

4. MEDICAL FACILITIES: Free outpatient treatment for Chairman, Deputy Chairman, members, their spouses and children but in case of hospitalization daily ward charges are payable according to rates chargeable for Division I officers except where hospitalisation is as a result of injuries sustained in the course of duty. Where the Chairman, Deputy Chairman or member is a pensioner he may opt for the medical facilities available to pensioners. "Child" means any dependant child below 21 years of age of the Chairman, Deputy Chairman or member, or any dependant child pursuing a first degree in an institution of higher learning and includes a child who is mentally retarded or physically handicapped in which case the age limit shall not apply. It shall also include a stepchild or a child adopted under any recognised law or custom.

5. LEAVE: (a) Thirty days vacation leave in respect of each completed year of service with the Commission shall be granted;

(b) a member may carry forward vacation leave which he is unable to finish in a particular year to the next succeeding year, which must be within the term of office of the member; and

(c) a member may apply for special leave to perform the Haj on condition that he has not used this privilege while in the public service and subject to other terms and conditions as may be determined by the Government from time to time.

6. MONTHLY HOUSING ALLOWANCE: Public Services Other Service

Commission Commissions

Chairman RM 2,500 RM 2,000

Deputy Chairman RM 1,600 RM 1,300

Member RM 900 RM 900

Service Commissions 13

7. GRATUITY A gratuity shall be paid as follows:

[17 1/2% - 12% Employees' Provident Fund (EPF) contributions] x completed month of service x the last month's basic salary after deducting employer's contribution to the EPF shall be paid--

(a) on the expiry of the term of appointment of a member but where a member is appointed for more than one term he may opt either to be paid at the end of each term or after he has completed all the terms (in either case he is entitled to exemption from income tax only once); or

(b) to such of his dependants as may be determined by the Yang di-Pertuan Agong or if there is no dependant, to his personal representative, if he dies while holding office.

8. ADVANCE TO PURCHASE MOTOR VEHICLES: (payable within the term of office of the member during which the advance is given on such terms and conditions as stipulated in the Treasury Circular or Circular Letter for Advance To Purchase Motor Vehicles for member of the public services or as may be determined by the Treasury from time to time)

Chairmen and Deputy RM 60,000

Chairmen of all Service

Commissions

Members of all Service RM 55,000

Commissions

9. MEETING ALLOWANCE: (applicable only to ex officio members and members appointed from among serving judges)

There shall be paid an allowance of RM150 per day or part thereof for attending a meeting or meetings of a Commission or any Committee or Board thereof as stipulated in Treasury Circular No. 7 Of 1994 or as may be determined by the Treasury from time to time subject to a maximum of RM 1,000 in any one month.

10. DRIVER'S ALLOWANCE: Chairmen of all provided with a driver or

Service Commissions if the driver employed

and Deputy Chairman is not from the public

of the Public Services service, the salary is

Commission based on Grade R10 of

the New Remuneration

System.

14 Laws of Malaysia ACT 393

Deputy Chairmen of equivalent to a member

other Service of the public service in

Commissions and category I with a salary

members of all of RM3,872 to Special

Service Commissions Grade "B" on such

terms and conditions as

stipulated in Treasury

Circular No. 2 Of 1992

or as may be determined

by the Treasury from

time to time.

11. AIR TRAVEL: ("Domestic" means flights within and to and from Brunei, Kalimantan, Malaysia, Singapore and Thailand (from Phuket southwards)) Chairman, Deputy Chairman and First Class (non-domestic) Members

Chairman, Deputy Chairman and First Class (domestic) Members

12. MONTHLY ENTERTAINMENT ALLOWANCE: Public Services Other Service

Commission Commissions

Chairman RM5,000 RM4,000

Deputy RM3,050 RM2,500

Chairman

Member RM800 RM800

13. OFFICIAL CAR: The Chairmen and the Deputy Chairmen of all Service Commissions shall be provided with an official car as may be determined by the Treasury from time to time.

14. HOUSE UPKEEP ALLOWANCE: Public Services Other Service

Commission Commissions

(Per year) (Per year)

Chairman RM3,000 RM2,000

Deputy RM2,000 RM2,000

Chairman

Service Commissions 15

15. WATER AND ELECTRICITY CHARGES: The Chairmen of all Service Commissions shall be entitled to free water and electricity.

16. SERVANTS' ALLOWANCE: Public Services Other Service

Commission Commissions

(Per month) (Per month)

Chairman RM1,000 RM500

Deputy RM500 RM500

Chairman

17. Where before the expiry of the term of appointment of a member of a Commission such member ceases to be a member thereof by virtue of the provisions of any written law, the member shall-- (a) be paid half the salary or fixed allowance;

(b) half the monthly housing allowance;

(c) in addition to the gratuity payable under item 7, be paid gratuity calculated in accordance with that item in respect of the unexpired term of his appointment as if he had served as a member for such unexpired term and been paid the salary or fixed allowance, as the case may be, in respect thereof; and

(d) half the monthly entertainment allowance,

from the date he ceases to be a member of that Commission to the date of the expiry of his appointment or to the date of his appointment to another Commission, whichever is the earlier.

18. TRAVELLING ELIGIBILITY WHEN REPORTING FOR DUTY: A member of a Commission is entitled to claim air fare based on his eligibility when travelling to report for duty. This includes air fare for his wife and children under the age of 21. A member is also entitled to a transfer allowance to his home State when his term of office expires.

19. SUBSTITUTION ALLOWANCE: A member of a Commission is entitled to a substitution allowance when using his own car for carrying out official functions outside headquarters subject to the terms and conditions as may be determined by the Treasury from time to time.

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20. ADVANCE: When carrying out official functions outside headquarters, a member of a Commission is entitled to an advance subject to the terms and conditions as may be determined by the Treasury from time to time.

21. MISCELLANEOUS EXPENSES: When travelling to carry out official functions, the following miscellaneous expenses incurred shall be reimbursed:

(a) telephone, telegram or postal charges incurred in the course of the official function;

(b) laundry expenses (to be supported by receipts) incurred during hotel stay of more than three days; and

(c) parking, toll and ferry charges (to be supported by receipts).

22. OFFICIAL DUTY OUTSIDE MALAYSIA: (a) Subsistence Allowance

Chairmen of all equivalent to a member

Service of the public service in

Commissions Premier/Special Grade

"A" and above on such

terms and conditions as

stipulated in Treasury

Circular No. 2 Of 1992

and Treasury Circular

No. 6 Of 2001 or as

may be determined by

the Treasury from time

to time.

Deputy equivalent to a member

Chairmen and of the public service in

members of all category I with a salary

Service of RM 3,872 to Premier/

Commissions Special Grade "B" on

such terms and

conditions as stipulated

in Treasury Circular No.

2 Of 1992 and Treasury

Circular No. 6 Of 2001

or as may be determined

by the Treasury from

time to time.

Service Commissions 17

(b) Hotel Accommodation Expenses And Lodging

Chairmen of all equivalent to a member

Service of the public service in

Commissions Premier/Special Grade

`A' and above on such

terms and conditions as

stipulated in Treasury

Circular No. 2 Of 1992

and Treasury Circular

No. 6 Of 2001 or as may

be determined by the

Treasury from time to

time.

Deputy equivalent to a member

Chairmen and of the public service in

members of all category I with a salary

Service of RM 3,872 to Premier/

Commissions Special Grade `B' on

such terms and

conditions as stipulated

in Treasury Circular No.

2 Of 1992 and Treasury

Circular No. 6 Of 2001 or

as may be determined

by the Treasury from

time to time.

(c) Miscellaneous Expenses

When carrying out official duty outside Malaysia, a member of a Service Commission is entitled to claim miscellaneous expenses on such terms and conditions as stipulated in Treasury Circular No. 2 Of 1992 or as may be determined by the Treasury from time to time. (d) Warm Clothing Allowance

When required to carry out official duty in countries of temperate climate, a member of the Service Commission is eligible to claim a Warm Clothing Allowance on such terms and conditions as stipulated in Treasury Circular No. 2 Of 1992 or as may be determined by the Treasury from time to time.

23. EX-GRATIA SCHEME FOR WORK DISASTER: A member of the Commission involved in an accident or injured while on official duty is entitled or receive benefit on such terms and conditions as stipulated in Treasury Circular No. 7 Of 2001 or as may be determined by the Treasury from time to time.

18 Laws of Malaysia ACT 393

LAWS OF MALAYSIA

Act 393

SERVICE COMMISSIONS ACT 1957

LIST OF AMENDMENTS

Amending law Short title In force from

Act No. 9/1960 Service Commissions (Amendment) 30-05-1957 Act 1960

Act A149 Service Commissions (Amendment) 06-10-1972 Act 1972

Act A166 Service Commissions (Amendment) 01-01-1972 Act 1973

Act A215 Service Commissions (Amendment) 30-08-1973 (No. 2) Act 1973 01-01-1974

Act A468 Service Commissions (Amendment) 01-01-1974 Act 1979 21-01-1975

01-07-1977

Act A509 Service Commissions (Amendment) 01-07-1980 Act 1981

P.U. (A) 98/1981 Service Commissions (Amendment 01-07-1980 of Second Schedule) Regulations

1981

Act A543 Service Commissions (Amendment) 15-05-1981 Act 1982

P.U. (A) 180/1982 Service Commissions (Amendment 15-05-1981 of Schedule) Regulations 1982

P.U. (A) 428/1989 Service Commissions (Amendment 01-10-1988 of Schedule) Regulations 1989

P.U. (A) 366/1991 Service Commissions (Amendment Para 2(a)-- of Schedule) Regulations 1991 01-01-1991

Para 2 (b)--

01-03-1991

Service Commissions 19

P.U. (A) 80/1992 Service Commissions (Amendment Subregn (1) to of Schedule) Regulations 1992 First

Amendment--

01-01-1989;

Subregn (1) to

Second

Amendment--

01-01-1992

P.U. (A) 245/1996 Service Commissions (Amendment 01-01-1994 of Schedule) Regulations 1996

P.U. (A) 600/1996 .Service Commissions (Amendment 01-01-1995 of Schedule) (No. 2) Regulations

1996

P.U. (A) 230/1998 Service Commissions (Amendment 19-06-1998 of Schedule) Regulations 1998

P.U. (A) 223/2000 Service Commissions (Amendment 01-09-1999 of Schedule) Regulations 2000

P.U. (A) 407/2000 Service Commissions (Amendment 01-01-2000 of Schedule) (No.2) Regulations

2000

P.U. (A) 242/2001 Service Commissions (Amendment 01-03-2001 of Schedule) Regulations 2001

P.U. (A) 162/2002 Service Commissions (Amendment 01-01-2002 of Schedule) Regulations 2002

P.U. (A) 31/2003 Service Commissions (Amendment 2-10-2002 of Schedule) Regulations 2003

P.U. (A) 18/2005 Service Commissions (Amendment 01-11-2002 of Schedule) Regulations 2005

P.U. (A) 25/2005 Service Commissions (Amendment 01-10-2003 of Schedule) (No. 2)

Regulations 2005

Amending law Short title In force from

20 Laws of Malaysia ACT 393

LAWS OF MALAYSIA

Act 393

SERVICE COMMISSIONS ACT 1957

LIST OF SECTIONS AMENDED

Section Amending authority In force from

2 Act 9/1960 30-05-1957

Act A215 30-08-1973

Act A543 15-05-1981

10 Act A149 06-10-1972

Act A468 01-07-1977

Act 543 15-05-1981

13 Act A468 01-07-1977

Act A543 15-05-1981

Schedule Act A149 06-10-1972

Act A166 01-01-1972

Act A215 01-01-1974

Act A468 01-01-1974

21-01-1975

Act A509 01-07-1980

P.U. (A) 98/1981 01-07-1980

Act A543 15-05-1981

P.U. (A) 180/1982 15-05-1981

P.U. (A) 428/1989 01-10-1988

P.U. (A) 366/1991 01-01-1991

01-03-1991

P.U. (A) 80/1992 01-01-1989

01-01-1992

P.U. (A) 170/1992 13-03-1992

P.U. (A) 245/1996 01-01-1994

P.U. (A) 600/1996 01-01-1995

P.U. (A) 230/1998 19-06-1998

P.U. (A) 223/2000 01-09-1999

P.U. (A) 407/2000 01-01-2000

P.U. (A) 242/2001 01-03-2001

P.U. (A) 162/2002 01-01-2002

P.U. (A) 31/2003 02-10-2002

P.U. (A) 18/2005 01-11-2002

P.U. (A) 25/2005 01-10-2003

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PERCETAKAN NASIONAL MALAYSIA BERHAD,

KUALA LUMPUR

BAGI PIHAK DAN DENGAN PERINTAH KERAJAAN MALAYSIA