SERVICE COMMISSIONS ACT 1957

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 393 SERVICE COMMISSIONS ACT 1957 As at 1 April 2017 2 SERVICE COMMISSIONS ACT 1957 ... First enacted … … … … … 1957 (Ordinance No. 74 of 1957) … … 1989 (Act 393 w.e.f. 16 November 1989) ... … … Revised Latest amendment made by P.U. (A) 330/2016 which came into operation on … ... ... ... … … … … 1 July 2016 PREVIOUS REPRINTS First Reprint … … … … … 2001 Second Reprint … … … … … 2006 3 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 public servants under the Penal Code 9. Consent of Public Prosecutor to prosecutions 4 Laws of Malaysia PART IV REMUNERATION OF MEMBERS OF SERVICE COMMISSIONS Section 1 0 . Remuneration 1 1 . Provision against duplicate salary 1 2 . Charge and payment of remuneration 1 3 . Schedule may be amended by regulations SCHEDULE ACT 393 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. 6 Laws of Malaysia ACT 393 (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 diPertuan 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. 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. Service Commissions 7 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. 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. 8 Laws of Malaysia ACT 393 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 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]. 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. Service Commissions 9 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. 10 Laws of Malaysia ACT 393 (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 2. Deputy Chairman: Salary 3. RM22,445.00 Members: Fixed allowance 4. RM25,702.00 RM20,592.00 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 Service Commissions 11 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. (B) JUDICIAL AND LEGAL SERVICE COMMISSION Members (excluding ex officio members and members appointed from among serving Judges): Per month Fixed allowance (C) RM20,592.00 POLICE SERVICE COMMISSION Members (excluding ex officio members and members appointed from among serving Judges): Fixed allowance (D) Per month RM20,592.00 EDUCATION SERVICE COMMISSION Per month 1. Chairman: Salary 2. RM25,702.00 Deputy Chairman: Salary RM22,445.00 12 Laws of Malaysia 3. Members: Fixed allowance 4. ACT 393 RM20,592.00 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. ALLOWANCES AND PRIVILEGES APPLICABLE TO ALL COMMISSIONS 1. SUBSISTENCE ALLOWANCES (DOMESTIC): (a) on outstation duty for a period of twenty-four hours and above:  Chairman equivalent to a member of the public service in Premier/Special Grade “A” on such terms and conditions as stipulated in Treasury Circular No. 3 of 2003 or as may be determined by the Treasury from time to time. Deputy Chairman equivalent to a member of the public service in Premier/Special Grade “B” on such terms and conditions as stipulated in *Treasury Circular No. 3 NOTE –The Treasury Circular No. 3 of 2003 has replaced the Treasury Circular No. 2 of 1992. Service Commissions 13 of 2003 or as may be determined by the Treasury from time to time. Members equivalent to a member of the public service in Premier/Special Grade “C” on such terms and conditions as stipulated in Treasury Circular No. 3 of 2003 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 twentyfour hours, the rates shall be half the rates in subparagraph (a). 2. * HOTEL ACCOMMODATION EXPENSES AND LODGING (DOMESTIC): Chairman equivalent to a member of the public service in Premier/Special Grade “A” on such terms and conditions as stipulated in *Treasury Circular No. 3 of 2003 or as may be determined by the Treasury from time to time. Deputy Chairman equivalent to a member of the public service in Premier/Special Grade “B” on such terms and conditions as stipulated in *Treasury Circular No. 3 of 2003 or as may be determined by the Treasury from time to time. Members equivalent to a member of the public service in Premier/Special Grade “C” on such terms and conditions as stipulated in *Treasury Circular No. 3 of 2003 or as may be determined by the Treasury from time to time. NOTE –The Treasury Circular No. 3 of 2003 has replaced the Treasury Circular No. 2 of 1992. 14 3. Laws of Malaysia ACT 393 ALLOWANCE FOR TRAVELLING USING OWN VEHICLE: (travelling from house to office a