Powers of Public Service In Malaysian  Constitution | LekiPedia

Introduction:  

The public services are the armed forces, the judicial and legal service, the  general public service of the Federation, the police force, the joint public  services mentioned in Article 133, the public service of each state and the  education service given under Article 132, of the Constitution of Malaysia.  

Public Services and Constitution:  

Article 132 to 148 of the Constitution of Malaysia deals with public services  and their powers.  

Article number: 132  

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  

c) The office of judge of the Supreme Court or a High Court; or 

d) The office of member of any Commission or Council established by this  Constitution or any corresponding Commission or Council established by the  Constitution of a State; or  

e) Such diplomatic posts as the Yang di-Pertuan Agong may by order  prescribe, being post which but for the order would be posts in the general  public service of the Federation. 

Article number: 133  

1. Joint services, common to the Federation and one more of the States or,  at the request of the States concerned, to two or more States, may be  established by federal law.

2. Where a member of any of the public services is employed: 

(a) partly for federal purposes and partly for State purposes; or  (b) for the purposes of two or more States.  

Article number: 134  

• A person seconded under this Article shall remain a member of the  service to which he belongs, but his renumeration shall be paid by the State  to whose service he is seconded or, if he is seconded to the service of the  Federation, by the Federation.  

Article number: 135  

• No member of any of the services mentioned in paragraphs (b) to (h)  of Clause (1) of Article 132 shall be dismissed or reduced in rank by an  authority subordinate to that which, at the time of the dismissal or  reduction, has power to appoint a member of that service of equal rank;  Provided that in its application to members of the services mentioned in  paragraphs (g) of Clause (1) of Article 132 this Clause shall not apply to any  law which the legislature of any State, other than Penang and Malacca, may  make to provide that all powers and functions of a Public Service 

Commission of such State, other than the power of first appointment to the  permanent or pensionable establishment, be exercised by a Board appointed  by the Ruler of such State: And provided further that this Clause shall not  apply to a case where a member of any of the services mentioned in this  Clause is dismissed or reduced in rank by an authority in pursuance of a  power delegated to it by a Commission to which this Part applies, and this  proviso shall be deemed to have been an integral part of this Clause as from  Merdeka Day.  

Article number: 136  

 • All persons of whatever race in the same grade in the service of the  Federation shall, subject to the terms and conditions of their employment,  be treated impartially. 

Article number: 137  

1. There shall be an Armed Forces Council, which shall be responsible under  the general authority of the Yang di-Pertuan Agong for the command,  discipline and administration of, and all other matters relating to, the armed  forces, other than matters relating to their operational use.  

2. The Armed Forces Council shall consist of the following members, that is  to say – 

a) The Minister for the time being charged with responsibility for Defence,  who shall be Chairman;  

b) One member representing Their Royal Highnesses, who shall be  appointed by the Conference of Rulers;  

 c) The Chief of the Armed Forces Staff who shall be appointed by the  Yang di-Pertuan Agong;  

d) A civilian member, being the person performing the duties of the  office of Secretary general for Defence, who shall act as Secretary to the  Council; 

e) Two senior staff officers of the Federation Armed Forces, appointed  by the Yang dipteran Agong;  

 f) A senior officer of the Federation Navy, appointed by the Yang di Pertuan Agong;  

 g) A senior officer for the Federation Air Force, appointed by the Yang  di-Pertuan Agong;  

 h) Two, if any, additional members, whether military or civilian,  appointed by the Yang di-Pertuan Agong.  

Article number: 138  

1. There shall be a Judicial and Legal Service Commission, whose jurisdiction  shall extend to all members of the judicial, and legal service.  

2. The person who is secretary to the Public Services Commission shall be  secretary also to the Judicial and Legal Service Commission.  

Article number: 139  

1. The Public Services Commission shall consist of the following members  appointed by the Yang di-Pertuan Agong in his discretion but after  considering the advice of the Prime Minister and after consultation with the  Conference of Rulers, that is to say, a chairman, a deputy chairman and not  less than four nor more than thirty other members.  

2. Either the chairman or the deputy chairman shall be, and both may be,  appointed from among persons who are, or have at any time within the  period of five years immediately preceding the date of their first  appointment been, members of any of the public services. 

3. A member of any of the public services appointed to be chairman or  deputy chairman shall not be eligible for any further appointment in the  service of the Federation other than as a member of a Commission to which  this Part applies.  

Article number: 140  

There shall be a Police Force Commission whose jurisdiction shall extend to  all persons who are members of the police force and which, subject to the  provisions of any existing law, shall be responsible for the appointment,  confirmation, emplacement on the permanent or pensionable  establishment, promotion, transfer and exercise of disciplinary control over  members of the police force: Provided that Parliament may by law provide  for the exercise of such disciplinary control over all or any of the members of  the police force in such manner and by the Prime Minister, and may once  refer the recommendation back to the Commission in order that it may be  reconsidered.  

1. In this Article "transfer" does not include transfer without change of rank  within the police force.  

Article number: 141  

1. There shall be an Education Service Commission, whose jurisdiction shall,  subject to Article 144, extend to all persons who are members of the service  mentioned in paragraph (h) of Clause (1) of Article 132).  

2. A member of any of the public services appointed to be Chairman or  Deputy Chairman shall not be eligible for any further appointment in the  service of the Federation other than as a member of a Commission to which  this Part applies.

Article number: 142  

1. Subject to paragraph (a) of Clause (3) of Article 140, a member of either  House of Parliament or of the Legislative Assembly of a State shall not be  appointed to be a member of a Commission to which this Part applies. 

2. Subject to Clause (3), a person shall not be appointed to be a member of  any of the Commissions to which this Part applies if he is, and shall be  removed by order of the Yang dipteran Agong if he becomes – 

a) A member of any of the public services;  

b) An officer or employee of any local authority, or of any body, whether  corporate or otherwise, or of anybody or authority established by law for  public purposes;  

c) A member of a trade union or of a body or association affiliated to a trade  union.  

3. A Commission to which this Part applies may act notwithstanding a  vacancy in its membership, and no proceedings of such a Commission shall be invalidated by reason only that some person not entitled thereto has  taken part in them.  

Article number: 143  

1. Parliament shall be law provide for the remuneration of any member of  the said Commission other than a member for whose remuneration as  holder of any other office provision is made by federal law; and the  remuneration so provided shall be charged on the Consolidated Fund.  

2. The remuneration and other terms of office of a member of a Commission  to which this Part applies shall not be altered to his disadvantage after his  appointment.  

Article number: 144  

1. Subject to the provisions of any existing law and to the provisions of this  Constitution, it shall be the duty of a Commission to which this Part applies  to appoint, confirm, emplace on the permanent or pensionable establishment, promote, transfer and exercise disciplinary control over  members of the service or services to which its jurisdiction extends.  

2. Federal law may provide for the exercise of other functions by any such  Commission.

3. The Yang di-Pertuan Agong may designate as special posts any post held  by the head or deputy head of a department or by an officer who in his  opinion is of similar status and the appointment to any post so designated  shall not be made in accordance with Clause (1) but shall be made by the  Yang di-Pertuan Agong on the recommendation of the Commission whose  jurisdiction extends to the service in which the post is held.  

Article number: 145  

1. The Yang di-Pertuan Agong shall, on the advice of the Prime Minister,  appoint a person who is qualified to be a judge of the Supreme Court to be  the Attorney General for the Federation.  

2. It shall be the duty of the Attorney General to advise the Yang di-Pertuan  Agong or the Cabinet or any Minister upon such legal matters, and to  perform such other duties of a legal character, as may from time to time be  referred or assigned to him by the Yang di-Pertuan Agong or the Cabinet,  and to discharge the functions conferred on him by or under this  Constitution or any other written law.  

3. The Attorney General shall have power, exercisable at his discretion, to  institute, conduct or discontinue any proceedings for an offence, other than  proceedings before a Syariah court, a native court or a court-martial.  

Article number: 146  

 • Each of the Commissions to which this Part applies shall make an  annual report on its activities to the Yang di-Pertuan Agong and copies of  those reports shall be laid before both Houses of Parliament.  

Article number: 147 

1. The law applicable to any pension, gratuity or other like allowance (in this  Article referred to as an "award") granted to a member of any of the public  services, or to his widow, children, dependent or personal representatives,  shall be that in force on the relevant day or any later law not less favorable  to the person to whom the award is made.  

2. 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 favorable to him than any other law for  which he might have opted.  

Article number: 148  

 • In this Part "ex officio member" includes a Minister and a judge of the  Supreme Court or of a High Court and "State Public Service Commission"  means, in relation to any State, a Commission exercising functions in respect  of members of the public service of the State and corresponding in status  and jurisdiction to the Public Services Commission.