Section 84
of Malaysia Act
Section 84
(a)
that it is for the Service Commission—
(i)
to decide whether suitably qualified local candidates are available; and
(ii)
to select those members of the State service whose secondment is to be terminated; and
(b)
that, where any compensable member of the State service was seconded to the Federal service on the post in which he has serving becoming a post in the Federal service, he shall not be selected for the termination of his secondment within his expected period of employment, unless the Service Commission after consultation with the
State government is satisfied that suitable employment in the State service will be available for him during the remainder of the period.
Act 26/1963
(2)
In paragraph (b) of subsection (1) the reference to a compensable member’s expected period of employment is a reference to the minimum period during which he is to be employed in the State service as notified or last notified to him by or on behalf of the State government, but does not include a period so notified after Malaysia Day without the approval of the Federal Government.
(3)
In this section “compensable member” has the same meaning as in section 83; “the Service Commission” means such of the
Commissions to which Part X of the Constitution applies as has jurisdiction over the relevant branch of the public service; and the reference in subsection (2) to the State government includes the government of the territories comprised in the State before
Malaysia Day.