Public Service Tribunal Act 1977

any situation, affecting the remunerations or terms or conditions of service of any public officer or class or group of public officers and arising from the implementation of the recommendations of a salaries commission, that constitutes a departure or deviation from the principles underlying the recommendations of the salaries commission and which remains a departure or deviation from the principles in the recommendations of the Cabinet Committee; or

any situation, affecting the remunerations or terms or conditions of service of any public officer or class or group of public officers and arising from the implementation of the recommendations of the Cabinet Committee, that constitutes a departure or deviation from the principles underlying the recommendations of the Cabinet Committee; or but does not include any situation that creates another anomaly to arise in consequence only of the determination of an anomaly under this Act;

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"Cabinet Committee" means the Cabinet Committee appointed by Cabinet to examine the Revised Report of the Royal Salaries Commission, 1975;

"Government" means the Federal Government or a State Government;

"proscribed industrial action" means-

any act or omission by any public officer which is intended to or does result in any limitation or restriction or cessation of or dilatoriness in the performance or execution of the whole or any part of the duties connected with his employment; or

any refusal or failure by any public officer to comply with any direction issued by his superior officer in regard to the performance of the duties of his employment, where such refusal or failure is intended to or does result in any limitation or reduction or cessation of or dilatoriness in the performance or execution of the whole or any part of the duties connected with his employment; or

any act or omission by any public officer which is described in the Schedule to be a proscribed industrial action for the purpose of this Act;

"public officer" means any person holding any office or employment in or under any public service;

"public service" means

any of the public services referred to in Article 132 of the Constitution, other than the police force and the armed forces;

any local authority;

any statutory authority established under any Federal or State law;

the parliamentary service; and

any person, tribunal, body, institution or authority whatsoever which may be declared by the Yang di-Pertuan Agong, by order published in the Gazette, to be a public service for the purpose of this definition;

"salaries commission" means the Suffian Commission, the Aziz Commission and the Harun Commission appointed to inquire, review and report and make recommendations on the remunerations and terms and conditions of service in the public service;

"Special

"strike" means cessation of work by a body of persons employed in the public service acting in combination, or a concerted refusal or a refusal under a common understanding of a number of persons who are or who have been so employed to continue to work or to accept employment;

"trade union" means any association or combination of public officers registered under any law relating to the registration of trade unions, but does not include a federation of trade unions.

a Chairman; and

a panel of persons who shall be persons who have experience and knowledge in matters of administration.

A member of the Tribunal shall be appointed for a term of three years or for such shorter period as the Yang di-Pertuan Agong may determine.

A member may at any time resign his office but shall not be removed from office except by the Yang di-Pertuan Agong.

The Yang di-Pertuan Agong may, from time to time, add to the persons named in the panel and in any case, appoint a new member in the place of a member who dies or resigns or desires to be discharged or becomes incapable of acting.

The decision of the Tribunal shall be in accordance with the opinion of the majority.

to procure and receive all such evidence, written or oral, and to examine all such persons as witness as the Tribunal may think it necessary or desirable to procure or examine;

to require the evidence (whether written or oral) of any witness to be made on oath or affirmation (such oath or affirmation to be that which could be required of the witness if he were giving evidence in the High Court) or by statutory declaration;

subject to subsection (2) to summon any person to attend any meeting of the Tribunal to give evidence or produce any document or other thing in his possession and to examine him as a witness or require him to produce any document or other thing in his possession;

to hear and determine the dispute in regard to the anomaly referred to it notwithstanding the failure of any party to submit any written statement required by the Tribunal within such time as may be prescribed by the Chairman or in the absence of any party to the dispute who has been served with a summons or notice to appear;

to issue a warrant of arrest to compel the attendance of any person who, after having been summoned to attend, fails to do so, and does not excuse such failure to the satisfaction of the Tribunal;

notwithstanding any written law relating to evidence, to admit any evidence, whether written or oral, which might be inadmissible in civil or criminal proceedings;

to conduct its proceedings or any part thereof in private;

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to admit or exclude the public from the proceedings or any part thereof; and

No public officer shall be liable to produce any document in proceedings before the Tribunal which in the opinion of the Government is not in the public interest to produce; the decision of the Government in this regard shall not be liable to be questioned or reviewed by the Tribunal or any court or any authority.

The sum required for the remuneration payable under this Act shall be charged on the Consolidated Fund.

The duties of the Secretary and other officers and servants shall be as the Chairman may direct.

a trade union where the alleged anomaly affects any of its members;

an association of public officers not being a trade union where the alleged anomaly affects any of its members;

a public officer who is not a member of a trade union or an association where an alleged anomaly affects him; or

For the purpose of negotiation under subsection (1) only an office-bearer of the trade union or of the association mentioned in (a) and (b) in subsection (1) shall represent the aggrieved person and in the case of (c)/the person concerned.

Where an anomaly referred under this section is resolved by negotiation, the decision shall have the like force and effect as a decision of the Tribunal.

the creation and grading of posts;

the creation and grading of schemes of service;

the promotion of a public officer from a lower grade to a higher grade;

the transfer of a public officer;

the appointment of any person in the event of a vacancy arising in the public service;

the termination of the services of a public officer by reasons of redundancy or reorganisation;

the dismissal and reinstatement of a public officer; and

the assignment or allocation of duties in the public service.

In making a decision in respect of an anomaly the Tribunal shall have regard to the national interest, the financial implications and the effect of the decision on the economy of the country. (3)

The decision of the Tribunal shall be implemented as soon as practicable, but not later than six months from the date of the decision being given.

Any anomaly referred to the Tribunal and on which the Tribunal has given a decision shall not be raised or be a subject of further reference to the Government in any guise or form by any public officer or a trade union or an association of public officers not being a trade union.

The Tribunal shall not entertain any claim by any public officer or a trade union or an association of public officers not being a trade union purporting to be an anomaly consequent upon the effect of a decision on any anomaly under section 11 or 14.

The decision of the Tribunal on any anomaly referred to it may be made applicable to any public officer on the same scheme of service who is not a party to the anomaly.

No organisation, body or a trade union or group of trade unions shall express or do anything which may be construed as expressing support or sympathy for any aggrieved person when any anomaly is referred under section 11 or 12 or during the pendenoy of the proceedings of the Tribunal or at any time after its decision.

Punishment of office bearers.

Any office-bearer of a trade union or an association of public officers not being a trade union managing or assisting in the management of such trade union or such association as referred to in subsection (1) shall be liable to be prosecuted under this section, notwithstanding that he may not have taken part in the commission of the offence.

Any office-bearer of a trade union or an association of public officers not being a trade union managing or assisting in the management of such trade union or such association as referred to in subsection (1) shall, on conviction, be liable to a fine of five thousand dollars or to imprisonment for a term not exceeding two years or to both such fine and imprisonment.

Notwithstanding that the consent of the Public Prosecutor has not been obtained, a person charged with such offence may be arrested or a warrant for his arrest may be issued and executed. Such person may be remanded in custody or released on bail, but the case shall not be further prosecuted until the consent has been obtained.

Where a person is brought before a court before the Public Prosecutor has consented to the prosecution, the charge shall be explained to him but he shall not be called upon to plead, and the law for the time being in force relating to criminal procedure shall be modified accordingly.

The Yang di-Pertuan Agong may add to, delete from, or otherwise amend or vary the Schedule in any manner he deems fit.