Page:Agreement relating to Malaysia (1963).djvu/160






 * (3) For the purposes of this Article, where the law applicable to an award depends on the option of the person to whom it is made, the law for which he opts shall be taken to be more favourable to him than any other law for which he might have opted.

77. (1) Where under any law any person or authority has a discretion—


 * (a) to decide whether or not any award shall be made; or


 * (b) to withhold, reduce in amount or suspend any such award that has been made,

that award shall be made and may not be withheld, reduced in amount or suspended unless the Public Service Commission concurs in the refusal to grant the award or, as the case may be, in the decision to withhold it, reduce it in amount or suspend it.
 * (2) Where the amount of any award that may be made to any person is not fixed by law, the amount of the award to be made to him shall be the greatest amount for which he is eligible unless the Public Service Commission concurs in the making of an award of a

smaller amount.


 * (3) In this Article "award" has the same meaning as in Article 76 of this Constitution.

78. Pensions, gratuities and other like allowances granted in respect of the public service shall be charged on and paid out of the Consolidated Fund.

79. (1) Notwithstanding any provision of this Constitution relating to pension the circumstances in which a public officer may vacate his office, any rights on public officer may, with the consent of the Government (which consent shall not be unreasonably withheld), relinquish his office for the the purpose of transfer to some other public office or to an office in any other public service, and if he so relinquishes his office, his claim to any pension, gratuity or other like allowance shall not thereby be prejudiced.


 * (2) For the purposes of this Article, the expression "other public service" has the meaning given to it by the Pensions Ordinance, 1956, as in force immediately before the date of the coming into operation of this Constitution.

80. (1) Subject to the provisions of any State law, the Yang di-Pertuan Negara may make regulations for all or any of the following matters, that is to say—


 * (a) the division of public offices into Divisions and Services;


 * (b) the prescribing of Schemes regulating the recruitment, service and promotion of members of such Services; and


 * (c) the conduct and discipline of the public service.