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State Public Service (Conditions of Service) Ordinance, 1994 is Malaysia State Ordinance, cited as State Ordinance Cap. 12 1994, currently marked in force and first recorded in 1994.
Incorporating all amendments up to 30th June, 2007
PREPARED AND PUBLISHED BY
THE COMMISSIONER OF LAW REVISION, SARAWAK
UNDER THE AUTHORITY OF THE REVISION OF LAWS ORDINANCE, 1992 2007
STATE PUBLIC SERVICE
Date Passed by Dewan Undangan
Negeri
... ... ... ... ... ...
1st November, 1994
Date of Assent
... ... ... ...
12th November, 1994
Date of Publication in Gazette
24th November, 1994
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Opening note
—
(1)
This Ordinance may be cited as the State Public
Service (Conditions of Service) Ordinance, 1994.
Subject to subsection (3), this Ordinance and the General
Orders made under section 3 shall apply to every person in the public service of the State, except in so far as—
the person is excluded by the terms of his employment from the operation of the General Orders.
Notwithstanding the provisions of subsection (2), the Yang di-Pertua Negeri may, by Order published in the Gazette, declare any office not specified in Article 44(2)(a) of the State Constitution to be subject to the provisions of this Ordinance and any General Orders made under section 3.
Interpretation
—
(1)
In this Ordinance—
“General Orders” means the code of regulations made by the
Yang di-Pertua Negeri under section 3;
“public service” shall have the meaning assigned to it in
Article 44(1) of the State Constitution.
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In this Ordinance, a reference to the Yang di-Pertua Negeri shall be construed as a reference to the Yang di-Pertua Negeri acting in accordance with the advice of the Majlis Mesyuarat Kerajaan
Negeri or of a member thereof acting under the general authority of the Majlis.
Power of Yang di-Pertua Negeri to regulate conditions of service
—
(1)
Subject to the provisions of the Federal Constitution and the State Constitution, the Yang di-Pertua Negeri may make
General Orders governing the qualifications for appointment and conditions of service of persons in the public service of the State.
Without prejudice to the generality of the provisions of subsection (1), the General Orders made under this section may provide for—
appeals by officers against dismissal or against any other disciplinary measures taken against them; and
such other matters connected with or incidental to the appointment and conditions of service of such officers.
Supplements to the General Orders
General Orders may be supplemented by—
Standing Orders issued by the State Secretary with the approval of the Chief Minister or, when embodying provisions peculiar to certain branches of the public service, by Heads of
Departments with the approval of the State Secretary;
STATE PUBLIC SERVICE (CONDITIONS OF SERVICE)
Government Circulars issued by the State Secretary under the authority of the Majlis Mesyuarat Kerajaan Negeri; or
Office Instructions issued by Heads of Departments and approved by the State Secretary.
Transitional provisions
—
(1)
Subject to subsection (2), the existing General Orders of the Government as in force immediately before the commencement of this Ordinance shall, until they are replaced by the new General
Orders made under this Ordinance, be the General Orders of the
Government but shall be construed with such modifications, adaptations, qualifications and exceptions as may be necessary to bring them into conformity with the New Scheme of Service.
The existing General Orders referred to in subsection (1)
shall continue to apply to officers in the public service who do not opt for or are not appointed under the New Scheme of Service.
For the purpose of this section, “New Scheme of Service”
means the revised salaries and terms and conditions of service of officers in the public service contained in the Federal Cabinet
Committee Report which the State had adopted with effect from the 1st January, 1976, and which was subsequently revised by the New
Remuneration System (Sistem Saraan Baru) as specified in Federal
Service Circular No. 9/1991 dated 23rd December, 1991, which was implemented on 1st January, 1992.
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LIST OF AMENDMENTS
Amending Law
Short Title
In force from
NIL
[List of Amendments]
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