Page:Agreement relating to Malaysia (1963).djvu/159



nominated for that purpose by the Chief Justice of Singapore and shall, if that tribunal so recommends, remove that member from office by writing under his hand.


 * (3) The tribunal constituted under the preceding clause shall regulate its own procedure and may make rules for that purpose.

74. (1) The Chairman and other members of the Public Service Commission shall be paid such salary and allowances as may from time to time be determined, and such salary and allowances shall be charged on and paid out of the Consolidated Fund.


 * (2) Subject to the provisions of this Constitution, the terms of service of the members of the Public Service Commission may either—


 * (a) be prescribed by or under any law made under this Constitution; or


 * (b) (in so far as they are not prescribed by or under any such law) be prescribed by the Yang di-Pertuan Negara.


 * (3) The terms of service of any member of the Public Service Commission shall not be altered to his disadvantage during his continuance in office.


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

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


 * (2) In clause (1) of this Article—

" appoint " does not include an appointment to act in an office for two months or less; " transfer " does not include transfer without a change of rank within a department of Government.
 * (3) The promotion of public officers shall be on the basis of official qualifications, experience and merit.

76. (1) The law applicable to any pension, gratuity or other like allowance (in this Article referred to as an " award ") granted to any public officer or to his widow, children, dependant or personal representatives shall be that in force on the relevant day or any later law not less favourable to the person concerned.


 * (2) For the purposes of this Article the relevant day is—


 * (a) in relation to an award made before Malaysia Day, the date on which the award was made;


 * (b) in relation to an award made after Malaysia Day to or in respect of any person who was a public officer before that day, the day immediately before that day;