Page:Agreement relating to Malaysia (1963).djvu/57






 * (3) For the purposes of that Article as it applies in relation to the former public services in Sarawak, there shall be treated as having had the force of law on the thirtieth day of August, 1963, any administrative regulations providing for the payment of pensions, gratuities or allowances and any resolution of Council Negri relating to the amount of any pension or allowance then in payment.


 * 82. (1) No pension, gratuity or other like allowance becoming payable by the Federal Government to or in respect of a serving member of the public service of a Borneo State on or by reference to his ceasing by death, retirement or otherwise to be a member of that service, shall be withheld, suspended or reduced in the exercise of any discretion conferred by the law relating thereto, unless the disciplinary authority concurs in the exercise of the discretion.


 * (2) In this section "serving member" means a member serving as such on Malaysia Day (including a member then on leave pending retirement), and "disciplinary authority" means whichever Commission to which Part X of the Constitution applies or similar disciplinary authority of the State is empowered to exercise disciplinary control in respect of the member in question immediately before he ceases to be a member.


 * 83. (1) Where a decision of the disciplinary authority given with respect to a compensable member of the public service of a Borneo State adversely affects his compensation, or adversely affects any pension, gratuity or other like allowance which is, or but for the decision would be, actually or potentially payable to or in respect of him by the Federal Government, then subject to the provisions of this section he may give notice to the disciplinary authority complaining of the decision and requiring it to be referred to an Appeals Board.


 * (2) Where a decision of a disciplinary authority is referred to an Appeals Board under this section, and the Board consider the decision or its effect was unduly harsh to the complainant having regard to the facts as found by the disciplinary authority and to all the circumstances, the Board shall so declare and shall state how they consider the effect of the decision ought fairly to be adjusted as regards compensation or as regards any such pension, gratuity or allowance as aforesaid ; and in any other case the Board shall confirm the decision.


 * (3) Where under sub-section (2) an Appeals Board declare a decision to have been unduly harsh, the law relating to the compen-