Page:Agreement relating to Malaysia (1963).djvu/97






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


 * (2) The Legislature may by law provide for the exercise of other functions by the Commission.


 * (3) In clause (1), " member of public service " does not include any person whose remuneration is calculated at a daily rate, and " transfer " does not include transfer without a change of rank within a department of Government.


 * (4) The Yang di-Pertua Negara may designate as special posts any posts in the public service held by the head or deputy head of a department or by an officer who in his opinion is of similar status, and an appointment to any post so designated shall not be made in accordance with clause (1) but shall be made by the Yang di-Pertua Negara on the recommendation of the Commission.


 * (5) Before acting, in accordance with clause (4), on the recommendation of the Commission, the Yang di-Pertua Negara shall consider the advice of the Chief Minister and may once refer the recommendation back to the Commission in order that it may be reconsidered.


 * (6) State law and, subject to the provisions of any such law, regulations made by the Yang di-Pertua Negara may provide for the exercise by any public officer, or by any board of public officers, of any of the functions of the Commission under clause (1) :


 * Provided that—


 * (a) no such law or regulations may provide for the exercise by any such officer or board of officers of any power of first appointment to the permanent or pensionable establishment or of any power of promotion (other than promotion to an acting appointment) ; and


 * (b) any person aggrieved by the exercise by any such officer or board of officers of any power of disciplinary control may appeal to the Commission within such time and in such manner as may be prescribed by any such law or regulations, and the Commission may make such order thereon as it may consider just.


 * (7) The Commission may, by directions in writing and subject to such conditions as it thinks fit, delegate to any public officer, or to any board of public officers appointed by it, any of its functions under clause (1) in respect of any grade of members of the public service, and that officer or board shall exercise those functions under the direction and control of the Commission.