*SERVICE COMMISSIONS ACT 1957

Short title and application

Certain communications to be privileged

No person shall in any legal proceedings be permitted or compelled to produce or disclose any communication written or oral which has taken place between a Commission or any member of the Commission and the Government or any Minister or public officer or any communication between members of a Commission in exercise of or in connection with the exercise of the functions of the Commission unless the Yang di-Pertuan Agong shall, in writing, consent to such production or disclosure.

Every member of a Commission shall have such and like protection and privileges in case of any action or suit brought against him for any act done or omitted to be done by him when acting in the execution of his office as is by law given to any Magistrate acting in the execution of his office.

Service Commissions 7

Giving false information to Commission

Any person who, in connection with an application by any person for employment or appointment in the public service or with the exercise by a Commission of any of its functions, wilfully gives to the

Commission or to any member thereof or to any person or body of persons appointed by the Commission to assist in the exercise of its functions any information which is false or misleading in any material particular shall be guilty of any offence and shall be liable to imprisonment for a term of two years or to a fine of two thousand ringgit or to both.

Every person who, otherwise than in the course of his duty, directly or indirectly by himself or by any other person in any manner whatsoever influences or attempts to influence any decision of a

Commission or any member thereof shall be guilty of an offence and shall be liable to imprisonment for a term of two years or to a fine of two thousand ringgit or to both:

Provided that nothing in this section shall prohibit any person from giving a certificate or testimonial to any applicant or candidate for any public office or from supplying any information or assistance upon formal request made by a Commission.

Every member, officer and servant of a Commission shall be deemed to be a public servant within the meaning of the Penal Code

[Act 574].

A prosecution under this Act shall not be instituted except by or with the consent of the Public Prosecutor.

Service Commissions 9

COMMISSIONS

Remuneration

A person to whom any salary is payable under this Act or for whose salary as the holder of any other office provision is made by any other written law shall be entitled to receive only one such salary, but if he is the holder of two or more offices in respect of which salary is so payable and there is a difference in the salaries payable in respect of those offices, the office in respect of which salary is payable to him shall be that in respect of which the highest salary is payable.

The Yang di-Pertuan Agong may by regulations amend the

Schedule.

[Section 10]

SALARIES AND FIXED ALLOWANCES

(A)

PUBLIC SERVICES COMMISSION

Per month

1.

Chairman:

Salary

RM25,702.00

2.

Deputy Chairman:

Salary

RM22,445.00

3.

Members:

Fixed allowance

4.

Acting Allowance:

Service Commissions 11

allowance, as the case may be, and the salary of the position he is acting in.

(B)

JUDICIAL AND LEGAL SERVICE COMMISSION

Members (excluding ex officio members and members appointed from among serving Judges):

Per month

Fixed allowance

(C)

POLICE SERVICE COMMISSION

Members (excluding ex officio members and members appointed from among serving Judges):

Per month

Fixed allowance

(D)

EDUCATION SERVICE COMMISSION

Per month

1.

Chairman:

Salary

RM25,702.00

2.

Deputy Chairman:

Salary

RM22,445.00

12 Laws of Malaysia ACT 393

3.

Members:

Fixed allowance

4.

Acting Allowance:

ALLOWANCES AND PRIVILEGES APPLICABLE TO

ALL COMMISSIONS

1. SUBSISTENCE ALLOWANCES (DOMESTIC):

Chairman equivalent to a member of the public service in Premier/Special Grade “A”

on such terms and conditions as stipulated in Treasury Circular No. 3

of 2003 or as may be determined by the

Treasury from time to time.

Deputy Chairman equivalent to a member of the public service in Premier/Special Grade “B”

on such terms and conditions as stipulated in *Treasury Circular No. 3

 NOTE –The Treasury Circular No. 3 of 2003 has replaced the Treasury Circular No. 2 of 1992.

Service Commissions 13

of 2003 or as may be determined by the

Treasury from time to time.

Members equivalent to a member of the public service in Premier/Special Grade “C”

on such terms and conditions as stipulated in Treasury Circular No. 3

of 2003 or as may be determined by the

Treasury from time to time.

2. HOTEL ACCOMMODATION EXPENSES AND LODGING (DOMESTIC):

Chairman equivalent to a member of the public service in Premier/Special Grade “A”

on such terms and conditions as stipulated in *Treasury Circular No. 3

of 2003 or as may be determined by the

Treasury from time to time.

Deputy Chairman equivalent to a member of the public service in Premier/Special Grade “B”

on such terms and conditions as stipulated in *Treasury Circular No. 3

of 2003 or as may be determined by the

Treasury from time to time.

Members equivalent to a member of the public service in Premier/Special Grade “C”

on such terms and conditions as stipulated in *Treasury Circular No. 3

of 2003 or as may be determined by the

Treasury from time to time.

* NOTE –The Treasury Circular No. 3 of 2003 has replaced the Treasury Circular No. 2 of 1992.

14 Laws of Malaysia ACT 393

3. ALLOWANCE FOR TRAVELLING USING OWN VEHICLE:

(travelling from house to office and vice versa excepted)

A member of a Service Commission using his own vehicle to carry out his official duty outside the headquaters is entitled to claim travelling allowance on such terms and conditions as stipulated in Treasury Circular No. 3 of 2003 and

Treasury Circular No. 6 of 2001 or as may be determined by the Treasury from time to time.

4. MEDICAL FACILITIES:

Free outpatient treatment for Chairman, Deputy Chairman, members, their spouses and children but in case of hospitalization daily ward charges are payable according to rates chargeable for Division I officers except where hospitalization is as a result of injuries sustained in the course of duty. Where the Chairman, Deputy Chairman or member is a pensioner he may opt for the medical facilities available to pensioners.

“Child” means any dependant child below 21 years of age of the Chairman,

Deputy Chairman or member, or any dependant child pursuing a first degree in an institution of higher learning and includes a child who is mentally retarded or physically handicapped in which case the age limit shall not apply. It shall also include a stepchild or a child adopted under any recognised law or custom.

5. LEAVE:

(a)

Thirty days vacation leave in respect of each completed year of service with the Commission shall be granted;

(b)

a member may carry forward vacation leave which he is unable to finish in a particular year to the next succeeding year, which must be within the term of office of the member; and

(c)

a member may apply for special leave to perform the Haj on condition that he has not used this privilege while in the public service and subject to other terms and conditions as may be determined by the Government from time to time.

 NOTE –The Treasury Circular No. 3 of 2003 has replaced the Treasury Circular No. 2 of 1992

Service Commissions 15

6. MONTHLY HOUSING ALLOWANCE:

Chairman

RM2,500

Deputy Chairman

RM1,600

Members

RM1,300

7. GRATUITY

A gratuity shall be paid as follows:

[17 1/2% - 12% Employees’ Provident Fund (EPF) contributions] x completed month of service x the last month’s basic salary after deducting employer’s contribution to the EPF shall be paid—

Agong or if there is no dependant, to his personal representative, if he dies while holding office.

8. ADVANCE TO PURCHASE MOTOR VEHICLES:

(payable within the term of office of the member during which the advance is given on such terms and conditions as stipulated in the Treasury Circular or

Circular Letter for Advance to Purchase Motor Vehicles for members of the public services or as may be determined by the Treasury from time to time)

Chairmen and Deputy

RM70,000

Chairmen of all Service

Commissions

Members of all Service

RM65,000

Commissions

16 Laws of Malaysia ACT 393

9. MEETING ALLOWANCE:

(a)

The Chairman of Public Services Commission shall receive an allowance of RM500 per day or part thereof for attending a meeting or meetings of

Judicial and Legal Service Commission or any Committee or Board thereof.

There shall be paid an allowance of RM300 per day or part thereof for attending a meeting or meeting of a Commission or any Committee or

Board thereof or as may be determined by the Government from time to time.

10. DRIVER’S ALLOWANCE:

Chairman and provided with a driver or if the driver

Deputy Chairman employed is not from the public service, the salary is based on Grade R3

of the

Malaysian

Remuneration

System.

Members equivalent to a member of the public service in Premier/Special Grade “C”

on such terms and conditions as stipulated in Treasury Circular No. 3

of 2003 or as may be determined by the

Treasury from time to time.

11. AIR TRAVEL:

(“Domestic” means flights within and to and from Brunei, Kalimantan,

Malaysia, Singapore and Thailand (from Phuket southwards))

Chairman, Deputy Chairman and

First Class (non-domestic)

Members

Chairman, Deputy Chairman and

First Class (domestic)

Members

 NOTE –The Treasury Circular No. 3 of 2003 has replaced the Treasury Circular No. 2 of 1992

Service Commissions 17

12. MONTHLY ENTERTAINMENT ALLOWANCE:

Chairman

RM5,000

Deputy Chairman

RM3,050

Members

RM2,500

13. OFFICIAL CAR:

The Chairmen and the Deputy Chairmen of all Service Commissions shall be provided with an official car as may be determined by the Treasury from time to time.

14. HOUSE UPKEEP ALLOWANCE:

Chairman

RM3,000 per year

Deputy Chairman

RM2,000 per year and Members

15. WATER AND ELECTRICITY CHARGES:

The Chairmen of all Service Commissions shall be entitled to free water and electricity.

16. SERVANTS’ ALLOWANCE:

Chairman

RM1,000 per month

Deputy Chairman

RM500 per month and Members

17. Where before the expiry of the term of appointment of a member of a

Commission such member ceases to be a member thereof by virtue of the provisions of any written law, the member shall—

18 Laws of Malaysia ACT 393

Commission, whichever is the earlier.

18. TRAVELLING ELIGIBILITY WHEN REPORTING FOR DUTY:

A member of a Commission is entitled to claim air fare based on his eligibility when travelling to report for duty. This includes air fare for his wife and children under the age of 21. A member is also entitled to a transfer allowance to his home State when his term of office expires.

19. SUBSTITUTION ALLOWANCE:

A member of a Commission is entitled to a substitution allowance when using his own car for carrying out official functions outside headquarters subject to the terms and conditions as may be determined by the Treasury from time to time.

20. ADVANCE:

When carrying out official functions outside headquarters, a member of a

Commission is entitled to an advance subject to the terms and conditions as may be determined by the Treasury from time to time.

21. MISCELLANEOUS EXPENSES:

When travelling to carry out official functions, the following miscellaneous expenses incurred shall be reimbursed:

(a)

telephone, telegram or postal charges incurred in the course of the official function;

Service Commissions 19

(b)

laundry expenses (to be supported by receipts) incurred during hotel stay of more than three days; and

(c)

parking, toll and ferry charges (to be supported by receipts).

22. OFFICIAL DUTY OUTSIDE MALAYSIA:

(a)

Subsistence Allowance

Chairman equivalent to a member of the public service in Premier/Special Grade “A”

on such terms and conditions as stipulated in Treasury Circular No. 3

of 2003 and Treasury Circular No. 6 of 2001 or as may be determined by the

Treasury from time to time.

Deputy Chairman equivalent to a member of the public service in Premier/Special Grade “B”

on such terms and conditions as stipulated in *Treasury Circular No. 3

of 2003 and Treasury Circular No. 6 of 2001 or as may be determined by the

Treasury from time to time.

Members equivalent to a member of the public service in Premier/Special Grade “C”

on such terms and conditions as stipulated in *Treasury Circular No. 3

of 2003 and Treasury Circular No. 6 of 2001 or as may be determined by the

Treasury from time to time.

(b)

Hotel Accommodation Expenses and Lodging

Chairman equivalent to a member of the public service in Premier/Special Grade “A”

on such terms and conditions as

 NOTE –The Treasury Circular No. 3 of 2003 has replaced the Treasury Circular No. 2 of 1992

20 Laws of Malaysia ACT 393

stipulated in Treasury Circular No. 3

of 2003 and Treasury Circular No. 6 of 2001 or as may be determined by the

Treasury from time to time.

Deputy Chairman equivalent to a member of the public service in Premier/Special Grade “B”

on such terms and conditions as stipulated in *Treasury Circular No. 3

of 2003 and Treasury Circular No. 6 of 2001 or as may be determined by the

Treasury from time to time.

Members equivalent to a member of the public service in Premier/Special Grade “C”

on such terms and conditions as stipulated in *Treasury Circular No. 3

of 2003 and Treasury Circular No. 6 of 2001 or as may be determined by the

Treasury from time to time.

(c)

Miscellaneous Expenses

When carrying out official duty outside Malaysia, a member of a

Service Commission is entitled to claim miscellaneous expenses on such terms and conditions as stipulated in *Treasury Circular No. 3

of 2003 or as may be determined by the Treasury from time to time.

When required to carry out official duty in countries of temperate climate, a member of the Service Commission is eligible to claim a

Warm Clothing Allowance on such terms and conditions as stipulated in *Treasury Circular No. 3 of 2003 or as may be determined by the Treasury from time to time.

 NOTE –The Treasury Circular No. 3 of 2003 has replaced the Treasury Circular No. 2 of 1992

Service Commissions 21

23. EX-GRATIA SCHEME FOR WORK DISASTER:

A member of the Commission involved in an accident or injured while on official duty is entitled or receive benefit on such terms and conditions as stipulated in Treasury Circular No. 7 of 2001 or as may be determined by the

Treasury from time to time.

24. SICK LEAVE

A member of a Commission is entitled to sick leave subject to the terms and conditions stipulated in Part III Chapter C General Orders 1974 and the

Services Circular No. 2 of 2006 or any amendments thereto.

22

Act 393

LIST OF AMENDMENTS

Amending law

Short title

In force from

Act No. 9/1960

Service Commissions

(Amendment) Act 1960

30-05-1957

Service Commissions

(Amendment) Act 1972

06-10-1972

Act A166

Service Commissions

(Amendment) Act 1973

01-01-1972

Service Commissions

(Amendment) (No. 2)

Act 1973

30-08-1973 01-01-1974

Service Commissions

(Amendment) Act 1979 01-01-1974 21-01-1975 01-07-1977

Act A509

Service Commissions

(Amendment) Act 1981

01-07-1980

P.U. (A) 98/1981

Service Commissions

(Amendment of Second

Schedule) Regulations 1981

01-07-1980

Act A543

Service Commissions

(Amendment) Act 1982

15-05-1981

P.U. (A) 180/1982

Service Commissions

(Amendment of

Schedule) Regulations 1982

15-05-1981

P.U. (A) 428/1989

Service Commissions

(Amendment of

Schedule) Regulations 1989

01-10-1988

Service Commissions 23

Amending law

Short title

In force from

P.U. (A) 366/1991

Service Commissions

(Amendment of

Schedule) Regulations 1991

Paragraph 2(a)—

01-01-1991

Paragraph 2(b)—

01-03-1991

P.U. (A) 80/1992

Service Commissions

(Amendment of

Schedule) Regulations 1992

Subregulation (1)

to First

Amendment—

01-01-1989;

Subregulation (1)

to Second

Amendment—

01-01-1992

P.U. (A) 245/1996

Service Commissions

(Amendment of

Schedule) Regulations 1996

01-01-1994

P.U. (A) 600/1996

Service Commissions

(Amendment of

Schedule) (No. 2)

Regulations 1996

01-01-1995

P.U. (A) 230/1998

Service Commissions

(Amendment of

Schedule) Regulations 1998

19-06-1998

P.U. (A) 223/2000

Service Commissions

(Amendment of

Schedule) Regulations 2000

01-09-1999

P.U. (A) 407/2000

Service Commissions

(Amendment of

Schedule) (No. 2)

Regulations 2000

01-01-2000

P.U. (A) 242/2001

Service Commissions

(Amendment of

Schedule) Regulations 2001

01-03-2001

P.U. (A) 162/2002

Service Commissions

(Amendment of

Schedule) Regulations 2002 01-01-2002

24 Laws of Malaysia ACT 393

Amending law

Short title

In force from

P.U. (A) 31/2003

Service Commissions

(Amendment of

Schedule) Regulations 2003

02-10-2002

P.U. (A) 18/2005

Service Commissions

(Amendment of

Schedule) Regulations 2005

01-11-2002

P.U. (A) 25/2005

Service Commissions

(Amendment of

Schedule) (No. 2)

Regulations 2005

01-10-2003

P.U. (A) 415/2007

Service Commissions

(Amendment of

Schedule) Regulations 2007

01-07-2007

P.U. (A) 269/2012

Service Commissions

(Amendment of

Schedule) Regulations 2012

01-08-2012

P.U. (A) 347/2012

Service Commissions

(Amendment of

Schedule) (No. 2)

Regulations 2012

01-08-2012

P.U. (A) 153/2014

Service Commissions

(Amendment of

Schedule) Regulations 2014

01-01-2013

P.U. (A) 330/2016

Service Commissions

(Amendment of

Schedule) Regulations 2016

01-07-2016

25

Act 393

LIST OF SECTIONS AMENDED

Section

Amending authority

In force from

2

Act 9/1960

Act A543 30-05-1957 30-08-1973 15-05-1981

10

Act 543 06-10-1972 01-07-1977 15-05-1981

13

Act A543 01-07-1977 15-05-1981

Act A166

Act A509

P.U. (A) 98/1981

Act A543

P.U. (A) 180/1982

P.U. (A) 428/1989

P.U. (A) 366/1991

P.U. (A) 80/1992

P.U. (A) 170/1992

P.U. (A) 245/1996

P.U. (A) 600/1996

P.U. (A) 230/1998

P.U. (A) 223/2000

P.U. (A) 407/2000

P.U. (A) 242/2001

P.U. (A) 162/2002

P.U. (A) 31/2003

P.U. (A) 18/2005

P.U. (A) 25/2005

P.U. (A) 415/2007

P.U. (A) 269/2012

P.U. (A) 347/2012

P.U. (A) 153/2014

P.U. (A) 330/2016 06-10-1972 01-01-1972 01-01-1974 01-01-1974 21-01-1975 01-07-1980 01-07-1980 15-05-1981 15-05-1981 01-10-1988 01-01-1991 01-03-1991 01-01-1989 01-01-1992 13-03-1992 01-01-1994 01-01-1995 19-06-1998 01-09-1999 01-01-2000 01-03-2001 01-01-2002 02-10-2002 01-11-2002 01-10-2003 01-07-2007 01-08-2012 01-08-2012 01-01-2013 01-07-2016