Page:Agreement relating to Malaysia (1963).djvu/58



sation or to the pension, gratuity or allowance shall have effect as if it provided for the making of the adjustments (if any) proposed by the Appeals Board or such other adjustments not less favourable to the person entitled thereto as may be determined by or on behalf of the government liable after consultation with the disciplinary authority.


 * (4) An Appeals Board under this section shall consist of one member nominated by the Chief Minister of the State, one member nominated by the president or other head of such association representing public officers or professional body as the complainant may select, and a chairman nominated by the other two members or, if they do not agree on a nomination, by the Chief Justice of the High Court in Borneo.


 * (5) An Appeals Board under this section may deal with the reference to them without a hearing ; but shall give the complainant and the disciplinary authority an opportunity to make representations and shall have a hearing if either of them requires.


 * (6) At any hearing the complainant and the disciplinary authority shall have a right to be legally represented, and the disciplinary authority, if not legally represented, may be represented by any member or officer of the authority.


 * (7) This section applies to any concurrence of the disciplinary authority under section 82, but save as aforesaid applies only to decisions taken by the disciplinary authority in the exercise of its disciplinary control over members of the public service of the State ; and in relation to a decision of the disciplinary authority given on appeal this section shall apply as if that decision and the decision appealed against together constituted the decision of the disciplinary authority.


 * (8) The personal representatives of a deceased person shall be entitled to require to be referred to an Appeals Board any decision which he might, if alive, have required to be so referred, and shall be entitled to proceed with any reference instituted by him, and references in this section to the complainant shall be construed accordingly.


 * (9) The Chief Ministers of the Borneo States acting jointly may make rules for giving effect to this section, and for regulating references thereunder ; and the rules shall include provision—


 * (a) for ensuring that any compensable member of the State services of a Borneo State or, if he is dead, his personal representative (if any) is given due notice of any decision which he is entitled to have referred to an Appeals Board, and is informed of his rights in that behalf ; and


 * (b) for prescribing the time and manner in which notice is to be given to a disciplinary authority complaining of a decision and requiring it to be referred to an Appeals Board.