393 - *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) Revised ... … … … … … ... ... 1989 (Act 393 w.e.f. 16 November 1989) 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 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 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] P I ART 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 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. P II ART 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 P III ART 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 P IV ART 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 RM25,702.00 2. Deputy Chairman: Salary RM22,445.00 3. Members: Fixed allowance RM20,592.00 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 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 RM20,592.00 (C) POLICE SERVICE COMMISSION Members (excluding ex officio members and members appointed from among serving Judges): Per month Fixed allowance RM20,592.00 (D) EDUCATION SERVICE COMMISSION Per month 1. Chairman: Salary RM25,702.00 2. Deputy Chairman: Salary RM22,445.00 12 Laws of Malaysia ACT 393 3. Members: Fixed allowance RM20,592.00 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. 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 twenty- four 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 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. 3 of 2003 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 hospitalization 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.  NOTE –The Treasury Circular No. 3 of 2003 has replaced the Treasury Circular No. 2 of 1992 Service Commissions 15 6. MONTHLY HOUSING ALLOWANCE: Chairman RM2,500 Deputy Chairman RM1,600 Members RM1,300 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 members of the public services or as may be determined by the Treasury from time to time) Chairmen and Deputy RM70,000 Chairmen of all Service Commissions Members of all Service RM65,000 Commissions 16 Laws of Malaysia ACT 393 9. MEETING ALLOWANCE: (a) The Chairman of Public Services Commission shall receive an allowance of RM500 per day or part thereof for attending a meeting or meetings of Judicial and Legal Service Commission or any Committee or Board thereof. (b) (applicable only to ex-officio members and members appointed from among serving judges and other Commissions) There shall be paid an allowance of RM300 per day or part thereof for attending a meeting or meeting of a Commission or any Committee or Board thereof or as may be determined by the Government from time to time. 10. DRIVER’S ALLOWANCE: Chairman and provided with a driver or if the driver Deputy Chairman employed is not from the public service, the salary is based on Grade R3 of the Malaysian Remuneration System. 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. 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  NOTE –The Treasury Circular No. 3 of 2003 has replaced the Treasury Circular No. 2 of 1992 Service Commissions 17 12. MONTHLY ENTERTAINMENT ALLOWANCE: Chairman RM5,000 Deputy Chairman RM3,050 Members RM2,500 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: Chairman RM3,000 per year Deputy Chairman RM2,000 per year and Members 15. WATER AND ELECTRICITY CHARGES: The Chairmen of all Service Commissions shall be entitled to free water and electricity. 16. SERVANTS’ ALLOWANCE: Chairman RM1,000 per month Deputy Chairman RM500 per month and Members 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; 18 Laws of Malaysia ACT 393 (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. 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; Service Commissions 19 (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 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 and Treasury Circular No. 6 of 2001 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 and Treasury Circular No. 6 of 2001 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 and Treasury Circular No. 6 of 2001 or as may be determined by the Treasury from time to time. (b) Hotel Accommodation Expenses and Lodging Chairman equivalent to a member of the public service in Premier/Special Grade “A” on such terms and conditions as  NOTE –The Treasury Circular No. 3 of 2003 has replaced the Treasury Circular No. 2 of 1992 20 Laws of Malaysia ACT 393 stipulated in Treasury Circular No. 3 of 2003 and Treasury Circular No. 6 of 2001 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 and Treasury Circular No. 6 of 2001 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 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. 3 of 2003 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. 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 Service Commissions 21 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. 24. SICK LEAVE A member of a Commission is entitled to sick leave subject to the terms and conditions stipulated in Part III Chapter C General Orders 1974 and the Services Circular No. 2 of 2006 or any amendments thereto. 22 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 30-05-1957 (Amendment) Act 1960 Act A149 Service Commissions 06-10-1972 (Amendment) Act 1972 Act A166 Service Commissions 01-01-1972 (Amendment) Act 1973 Act A215 Service Commissions 30-08-1973 (Amendment) (No. 2) 01-01-1974 Act 1973 Act A468 Service Commissions 01-01-1974 (Amendment) Act 1979 21-01-1975 01-07-1977 Act A509 Service Commissions 01-07-1980 (Amendment) Act 1981 P.U. (A) 98/1981 Service Commissions 01-07-1980 (Amendment of Second Schedule) Regulations 1981 Act A543 Service Commissions 15-05-1981 (Amendment) Act 1982 P.U. (A) 180/1982 Service Commissions 15-05-1981 (Amendment of Schedule) Regulations 1982 P.U. (A) 428/1989 Service Commissions 01-10-1988 (Amendment of Schedule) Regulations 1989 Service Commissions 23 Amending law Short title In force from P.U. (A) 366/1991 Service Commissions Paragraph 2(a)— (Amendment of 01-01-1991 Schedule) Regulations Paragraph 2(b)— 1991 01-03-1991 P.U. (A) 80/1992 Service Commissions Subregulation (1) (Amendment of to First Schedule) Regulations Amendment— 1992 01-01-1989; Subregulation (1) to Second Amendment— 01-01-1992 P.U. (A) 245/1996 Service Commissions 01-01-1994 (Amendment of Schedule) Regulations 1996 P.U. (A) 600/1996 Service Commissions 01-01-1995 (Amendment of Schedule) (No. 2) Regulations 1996 P.U. (A) 230/1998 Service Commissions 19-06-1998 (Amendment of Schedule) Regulations 1998 P.U. (A) 223/2000 Service Commissions 01-09-1999 (Amendment of Schedule) Regulations 2000 P.U. (A) 407/2000 Service Commissions 01-01-2000 (Amendment of Schedule) (No. 2) Regulations 2000 P.U. (A) 242/2001 Service Commissions 01-03-2001 (Amendment of Schedule) Regulations 2001 P.U. (A) 162/2002 Service Commissions 01-01-2002 (Amendment of Schedule) Regulations 2002 24 Laws of Malaysia ACT 393 Amending law Short title In force from P.U. (A) 31/2003 Service Commissions 02-10-2002 (Amendment of Schedule) Regulations 2003 P.U. (A) 18/2005 Service Commissions 01-11-2002 (Amendment of Schedule) Regulations 2005 P.U. (A) 25/2005 Service Commissions 01-10-2003 (Amendment of Schedule) (No. 2) Regulations 2005 P.U. (A) 415/2007 Service Commissions 01-07-2007 (Amendment of Schedule) Regulations 2007 P.U. (A) 269/2012 Service Commissions 01-08-2012 (Amendment of Schedule) Regulations 2012 P.U. (A) 347/2012 Service Commissions 01-08-2012 (Amendment of Schedule) (No. 2) Regulations 2012 P.U. (A) 153/2014 Service Commissions 01-01-2013 (Amendment of Schedule) Regulations 2014 P.U. (A) 330/2016 Service Commissions 01-07-2016 (Amendment of Schedule) Regulations 2016 25 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 P.U. (A) 415/2007 01-07-2007 P.U. (A) 269/2012 01-08-2012 P.U. (A) 347/2012 01-08-2012 P.U. (A) 153/2014 01-01-2013 P.U. (A) 330/2016 01-07-2016