Page:Agreement relating to Malaysia (1963).djvu/43



relation to that service to be exercised by any branch for the time being established under Article 146A or 146B for the State or any of the States in question.


 * (2) In Article 142, paragraph (b) of Clause (4) and, in Article 143, Clause (2) shall have effect in relation to members of a branch of the Judicial and Legal Service Commission or Public Services Commission established under Article 146A or 146B as if the references to federal law included references to State law.


 * (3) Clause (8) of Article 144 shall apply to a branch of the Judicial and Legal Service Commission or Public Services Commission established under Article 146A or 146B as if it were a separate Commission to which this Part applies ; but nothing in those Articles shall be taken to require such a branch to make a separate annual report under Article 146.


 * 57. (1) Notwithstanding Clause (2) of Article 134, the jurisdiction of the Police Force Commission shall extend (except as regards the exercise of disciplinary control over them) to members of the public service of a Borneo State who are seconded to the police force ; and for purposes of the Police Force Commission they shall be deemed (except as regards the exercise of disciplinary control over them) to be members of the police force.


 * (2) If in a Borneo State there is not a board exercising disciplinary control over the said persons and having the following membership, that is to say—


 * (a) the Chairman of a State Public Service Commission in the State; and


 * (b) the legal adviser of the State ; and


 * (c) the senior officer of police in the State ; and


 * (d) a representative of the Director of Police Affairs ;
 * then Clause (1) shall apply as if it made no exception for the exercise of disciplinary control.


 * (3) So much of Clause (2) of Article 139 as provides for extending the jurisdiction of the Public Services Commission in certain circumstances to members of the public service of a State shall not apply to members of the public service of a Borneo State who are seconded to the police force.


 * 58. In Article 132 of the Constitution, for Clauses (3) and (4) there shall be substituted—


 * " (3) The public service shall not be taken to comprise—


 * (a) the office of any member of the administration in the Federation or a State ; or


 * (b) the office of President, Speaker, Deputy President, Deputy Speaker or member of either House of Parliament or of the Legislative Assembly of a State ; or