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General Orders 2012 Chapter A
General Orders 2012 Chapter A
STUDENT NAME
MOHAMAD MUKHTAR BIN GHAZALI SITI NAJIHAH BT MOHD ZAID NURUL AISYAH YAP BT ABDULLAH NOR FADILAH BT SABRI RABIZAH BT ISMAIL
PART
III & VI
A person who has retired from the public service on medical grounds can be reappointed into the public service if he or she is certified to be medically fit and capable to performing their duties satisfactorily by a medical panel which have been established by the request of the Commission. The medical panel shall consist of two or more registered medical practitioner in any one of them is a specialist in the disease suffered by the pensioner.
The Commission may allow the officer to revert into their old grade and service scheme if the position in that scheme is vacant, have been approved by the responsible of Head of Service and the previous position of the service scheme is under the jurisdiction of the same appointing authority. The officer shall be given an appropriate increment and salary if he or she has not being appointed into a new position on the date of his or her revert into the old service scheme, in subject to the maximum salary scale in their old position.
The officer shall be given an appropriate increment and salary if he or she has not being appointed into a new position on the date of his or her revert into the old service scheme, in subject to the maximum salary scale in their old position. The date of the officer's increment is based on the date of the annual salary of their old service scheme.
SECONDMENT OF OFFICERS
An Officer which have been appointed permanently maybe borrowed to any State Civil Service, Statutory Authority, Local Authority or any organization whether within or outside of Malaysia depends on the consent of individual, the Head of Department and approval from the Commission, in subject to all terms and conditions which have been determined by the Yang di-Pertuan Agong.
The commission may consider a State Public Service Officer to be seconded into the public service. The statutory authority or local authority may consider any of the Officer of the State Public Service, the Statutory Authority or the local authority to be seconded into the public service and is subject to the conditions and period of time that been determined by the Yang-di Pertuan Agong as agreed by the parties involved.
TEMPORARY TRANSFER
An officer which have been appointed as permanent officer may be also appointed on temporary transfer / exchange to any position in the public service, subject to all of the conditions and duration which is determined by the Director-General of Public Service and within the Public Service Commissions approval.
PROCEDURE OF RECRUITMENT
Recruitment into the civil service can be made by advertising a list of vacant posts to be filled in at least in one malay daily newspaper stating information relating to recruitment and conditions for a person to apply. That information such as name of the position, status of appointment, scheme of service, salary offered, academic qualifications, closing date and address for submitting application form. In addition, the commission also may use other methods such as internet, intranet, open interviews and many more.
FILTERING PROCEDURE
Public Service Commission may make an application to screen candidates in order to make sure all the applicants meet the criteria with required qualification and to make sure the applicant is compatible and suitable with the position advertised.
DETAILS OF RECRUITMENT
In the recruitment of a new staff, the department head must notify the Public Service Commission all information related to recruitment such as the number of vacancies, whether permanent or temporary positions to be filled, special conditions, if any, and also the duties and responsibilities of the post that want to be filled. Any changes for qualification and requirement for the post that want to be filled, General Director of Public Service must be informed by department head and to get an approval.
EQUIVALENT QUALIFICATIONS
Equivalent qualifications means qualifications that are equivalent to the position applied for. If there was any doubt in any scheme of service or advertising the vacancy on the meaning of equivalent qualification, the matter shall be referred to the Director General of Public Service.
Every offer letter should contain at least the name of position, salary and salary scale, probation, working location, the requirement to comply with rules and regulations issued by the Government from time to time and other conditions which need to be concerned with such position.
SECURITY CLEARANCE
Every officer appointed to government services will have to undergo a security clearance as determined by the government. This is to ensure that the candidate has no criminal record.
DECLARATION OF ACCEPTANCE
After new officer have been appointed, head of department should informed the commission that the department agrees to accept the newly appointed officer by sending an acknowledgment letter of appointment offer, letter from medical practitioner, statutory declaration and letter of undertaking from the newly elected candidates and also notify the date the new officer report for work.
DATE OF APPOINTMENT
Date of appointment of an officer into the public service is the date when he report for duty, except otherwise determined by the Commission. An officer is subject to the maximum period to report duty as predetermined by the Commission in his letter of appointment, but the Head of Service or the Head of Department could not accept any officer who report for duty, yet has not complied to the term of appointment as in Part III, Rule 20.
If a temporary officer who has complied all terms stated for any scheme of service and has been appointed to fill any vacancy with permanent status of service in that particular scheme of service, his date of appointment to that permanent position is the date the Commission assembly and approved that appointment (to that of permanent position).
The fixation of the higher starting salary should based on 1 annual normal salary relocation for each complete year of that related work experience, but limited to the maximum salary of the positions grade. The Commission has the discretion to determine a part of or the whole numbers of related working experience years to determine higher starting salary.
Working experience accounted for P&P officers is the working experience gained after the officer obtained his professional or academic qualification as of how predetermined in the scheme of service concerned. If an officer who has been confirmed in the service and then appointed to another scheme of service, his starting salary for that new post would be at higher increment and close to or equal, if not less than 1 annual normal salary relocation of former post, subject to the maximum increment of the new post.
If an officer who has been confirmed in the service and then appointed to another scheme of service on the same date or earlier from the date of his increment in his previous position, the increment of his former post, if any, should be given, subject to the maximum amount of salary of the new grade before determining the starting salary of that appointment. Starting salary for officer who has not yet confirmed or appointed for the first time, is based on the minimum salary of that post.
For officer appointed on 1st January to 31st March, the relocation would be on the 1st January of the next year; 1st April to 30th June would be pay on the 1st April of the following year; 1st July to 30th September would be pay on the 1st July of the following year; and, for those who are appointed on the 1st October to 31st December, the relocation would be on the 1st October of the becoming year. The Director General of the Civil Service has the authority to determine the date of an officers annual salary relocation to a specific which considered as appropriate.
For officer who is on the term of secondment or temporary transferring to other organisation, the date of annual salary relocation should be determine by the Commission. The annual salary relocation of an officer should be based on his annual work performance evaluation or any other terms determined by the YDPA from time to time.
PROBATION PERIOD
Appointed officers are required to serve on trial or probation basis for six months or twenty-four months. The Commission may, in special cases, shorted the trial period of an officer or exempt an officer from trial.
CONFIRMATION REQUIREMENTS
An officer on probation, who has met all the conditions set out in the scheme of service or any other conditions as determined by the YDPA from time to time are eligible to be confirmed in the service by the Commission. The Head of Department should submit to the Commission the form either recommend or not recommend confirmation in the service of an officer's to the Commission.
If an officer is certified to be confirmed in service, the Head of the Department shall submit a certificate in the form set out in the Third Schedule, within one month from the date he was eligible to be recommended for confirmation, on condition the certificate presented is not less than the minimum probationary period. If the head of department fails to submit the certificate, the officer may apply to the commission for approval and a copy of the application shall be sent to the department head. After receiving the application, the Commission may conduct an investigation and upon completion of the investigation, should confirm the officer if it finds he is eligible to be certified.
If an officer is not certified to be confirmed in service, the Head of the Department shall submit to the Commission a certificate to not confirm the officer in service as in the Third Schedule. The Commission is not bound by the Head of the Department in verifying an officer in the service. If there is any requirements for certifying confirmation in service which need to be amended due to special cases, the Head of Service must first obtain the approval of the Commission.
If the Head of Department agreed to certified the application of the officer, the Head of department should put the form forward to the commission immediately, complete with the following details: i. The reason why the officer is not confirmed in the service ii. The recommendation of the Head of Department, whether the probation period should be extend, with or without penalty. iii. Updated service details of the officer; and iv. List of examinations, if any, that has been taken by the officer, complete with the date of examination and the results.
The Commission will only approve the completed application for extension of the probation period submitted if there are reasonable grounds for believing that the officer will be able to comply with the conditions for confirmation during the extended period and the Head of Department recommends that the probation period the officer should be extended. The probation period of the officer can only be extend for not more than 12 months, but the Commission could, if it should, in special situation, extend the probation period for more than 12 months.
Any decision made by the Commission regarding the application of an officer to extend his probation period, should be delivered to that officer by the Commission within a period of 1 month from the date of the decision made.
DATE OF CONFIRMATION
The date of confirmation in service of an officer is the first day after the date when the officer has complied to all terms of confirmation required. Although an officer has complied all terms required for confirmation, the officer should be treated as in probation, until he is confirmed in the service by the Commission.
NOTIFICATION OF CONFIRMATION
The Commission shall immediately notify the officer of his confirmation in service through his Head of Department
PART VII: OPTION FOR EMPLOYEES PROVIDENT FUND SCHEME AND GIVEN STATUS
PROMOTION FOUNDATION
The promotion of an officer is based on merit. In considering the merit of an officer, the board of promotion shall take consideration into some aspects like efficiency and job performance, qualification, knowledge, skills, experience, personal qualities and contribution to the society. In addition, the board of promotion can considerate other aspects which is acceptable with the job. However, if two or more officers get the same merit, qualification and experience have to be the basis for selection and consideration.
A part of that, the head of department should certified to the board of promotion regarding the additional conditions so that they can promote the eligible officers with the reasonable number.
DATE OF PROMOTION
Subject to sub regulation (2) and (3) the date of promotion of an officer determined by the board of promotion. For increase in grade, the date cannot be earlier than the date of vacancy while for increase in promotion, the date cannot be earlier than the date of approval to the promotion. In the other words, promotion to the grade, is the promotion in management and professional team and implementing team. On the other hand, promotion to the post is the promotion in any post in the top management team.
If the final salary in the previous grade equal to or higher than the minimum wage promotion, the officer shall be paid wages at a higher salary point near to the final of the salary. If an officer is promoted before or equal to the date of the salary increase in previous post, previous salary movement shall be preferred before determining initial salary in the promotion.
The Head of Department can order the officer to do the medical examination again or can get the information from other method.
Officer that have been confirm in scheme older services and then appointed in other scheme of services but fail can be terminate their services under sub regulation (4). Termination under this provision, is known as termination for public interest and any pension issue due to this is subject to pension law. According to sub regulation (5), representation should do by Head of Department to Yang di-Pertuan Agong for termination of service of officer due to public interest with full report of where the officer is working.
Report that is mentioned in sub regulation (4) should have the information according to the service of the officer and also review of the Head of Department if have. If, after consider the report that have been receive under sub regulation (5), Yang di-Pertuan Agong is satisfied that, with take all the requirement of service and usefulness of that officer to the services, it is reasonable for public interest to do so, Yang diPertuan Agong can terminate the services of that officer start form the date that Yang di-Pertuan Agong agree.
In any of this Regulations and any Laws that is opposite, when any service of officer can be terminate due to public interest under this Regulation, that officer can be not to give any chances to hear according Clause (2) Subject 135 Federal Constitution. For the meaning for this Regulation, service of officer, apart from subregulation (1) and (2), should terminate if the officer cannot go back to their older scheme according paragraph 11(1)(a). For the meaning of subregulation (1), first appointment means first time appointment in public service or reappointment according Regulation 7,8 and 9.
For the meaning of regulation 48,49 and 50, the time period of written notice is stated in sub regulation (1) is thirty days. In any of this sub regulation (2), the officer that is appointed either permanent appointed, the time given for written notice should be: Must follow the requirement appointed of the officer; or The period that is given in the requirement appointed is thirty days.
NOTICE OF RESIGNATION
Subject to regulation 56, the officer that wishes to resign should give the written notice: For the permanent officer, thirty days before the notice is effective or one month salary for replacement of the notice; and For the officer that is appointed other than permanent appointed, must follow the requirement of that officer appointed or if the period is not provision in their requirement, thirty days before the resignation is effective or one month salary as replacement of notice.
Notice of resignation should be send of that officer to Head of Department and Head of Department should give the acceptance declaration to the officer and give the copy to Head of Service when receive the notice of resignation. The Head of Department should record the resignation of that officer in the officer book of service.
CHAPTER XI : AGE
RETIREMENT AGE
Retirement age for an officer is fixed in the law of retirement. There is 3 ages of retirement : 55 years 58 years 60 years