Page:Agreement relating to Malaysia (1963).djvu/123






 * (10) Members of the Commission shall be paid such remuneration as the Legislature may by law provide, and such remuneration shall be a charge on and paid out of the Consolidated Fund.


 * (11) Subject to the provisions of this Constitution, the terms of service of the members of the Commission—


 * (a) shall be such as the Legislature may by law prescribe ; and


 * (b) in so far as they are not so prescribed, shall be determined by the Governor.


 * (12) The remuneration and other terms of service of any member of the Commission shall not be altered to his disadvantage after his appointment.


 * (13) For the purposes of clause (12), in so far as the terms of service of a member of the Commission depend upon his option, any terms for which he opts shall be taken to be more advantageous to him than any others for which he might have opted.


 * 36. (1) Subject to the provisions of the Federal Constitution and of this Constitution, it shall be the duty of the Commission to appoint, confirm, emplace on the permanent or pensionable establishment, promote, transfer and exercise disciplinary control over members of the public service.


 * (2) The Legislature may by law provide for the exercise of other functions by the Commission.


 * (3) In clause (1), " member of the public service " does not include any person whose remuneration is calculated at a daily rate, and " transfer " does not include transfer without a change of rank within a department of Government.


 * (4) The Governor may designate as special posts any posts in the public service held by the head or deputy head of a department or by an officer who in his opinion is of similar status, and an appointment to any post so designated shall not be made in accordance with clause (1) but shall be made by the Governor on the recommendation of the Commission.


 * (5) Before acting, in accordance with clause (4), on the recommendation of the Commission, the Governor shall consider the advice of the Chief Minister and may once refer the recommendation back to the Commission in order that it may be reconsidered.


 * (6) The Commission may, by directions in writing and subject to such conditions as it thinks fit, delegate to any public officer, or to any board of public officers appointed by it, any of its functions under clause (1) in respect of any grade of members of the public service, and that officer or board shall exercise those functions under the direction and control of the Commission.