general orders 2012 chapter a

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PAD 214 INTRODUCTION TO PUBLIC SECTOR PERSONNEL ADMINISTRATION GENERAL ORDERS “CHAPTER A” LEARNING FACILITATOR: PN FADILAH BINTI PUTEH FACULTY: ADMINISTRATIVE SCIENCE & POLICY STUDIES PROGRAMME: AM 110 DIPLOMA IN PUBLIC ADMINISTRATION GROUP: EAMP 4A STUDENT NAME STUDENT ID MOHAMAD MUKHTAR BIN GHAZALI 2010940915 SITI NAJIHAH BT MOHD ZAID 2010783291 NURUL AISYAH YAP BT ABDULLAH 2010330511 NOR FADILAH BT SABRI 2010147113 RABIZAH BT ISMAIL 2010662108

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Page 1: General Orders 2012 Chapter A

PAD 214 INTRODUCTION TO PUBLIC SECTOR PERSONNEL ADMINISTRATION

GENERAL ORDERS“CHAPTER A”

LEARNING FACILITATOR: PN FADILAH BINTI PUTEHFACULTY: ADMINISTRATIVE SCIENCE & POLICY STUDIES

PROGRAMME: AM 110 DIPLOMA IN PUBLIC ADMINISTRATIONGROUP: EAMP 4A

STUDENT NAME STUDENT ID

MOHAMAD MUKHTAR BIN GHAZALI 2010940915

SITI NAJIHAH BT MOHD ZAID 2010783291

NURUL AISYAH YAP BT ABDULLAH 2010330511

NOR FADILAH BT SABRI 2010147113

RABIZAH BT ISMAIL 2010662108

Page 2: General Orders 2012 Chapter A

STUDENT NAME PART

MOHAMAD MUKHTAR BIN GHAZALI III & VI

SITI NAJIHAH BT MOHD ZAID VII & VIII

NURUL AISYAH YAP BT ABDULLAH IV & V

NOR FADILAH BT SABRI II & X

RABIZAH BT ISMAIL IX & XI

Page 3: General Orders 2012 Chapter A

Interpretation (tafsiran) of the terms used in this presentation:

• The Commission refers to the Public Service Commission of Malaysia

• P&P refers to the Group of Management & Professional Official (as in Bahasa Malaysia :Kumpulan Pengurusan & Profesional)

• YDPA refers to the Yang Di-Pertuan Agong• DGPA refers to the Director General of Public Service

Page 4: General Orders 2012 Chapter A

PART II: APPOINTMENT

Page 5: General Orders 2012 Chapter A

APPOINTMENT WITHIN THE SERVICE SCHEME

• All appointment into the public service shall be according to the conditions in the service scheme that have been force at that time.

• If any condition specified in any of the service scheme is necessary to be amended, the Head of Service shall get approval from the Director of Public Service before the amendment is being made.

Page 6: General Orders 2012 Chapter A

APPOINTMENT FOR THE CITIZEN ONLY

• All candidates for appointment into the civil service must be a Malaysian.

• Yang di-Pertuan Agong may allow the appointment of non-citizens by contract on the grounds / on the reasons of national interests and the provisions in Part X, Chapter A of General Order shall be applied to the officer.

Page 7: General Orders 2012 Chapter A

RE-APPOINTMENT OF A PERSON WHO HAS RESIGNED

• A person who has resigned from the public service can be reappointed into the public service.

Page 8: General Orders 2012 Chapter A

RE-APPOINTED OF A PERSON WHO IS REQUIRED TO RETIRE

• A person who is required to retire from the public service may be reappointed into the public service.

• This situation is included retirement on medical grounds, retirement because have been appointed to entering the association or retirement on the government’s decision according to the pension law that have been forced.

Page 9: General Orders 2012 Chapter A

• 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.

Page 10: General Orders 2012 Chapter A

RE-APPOINTMENT OF A PERSON WHO HAS BEEN TERMINATED OR DISMISSED

• A person who has been terminated or dismissed from the public service shall not be reappointed except with the special permission from the Commission.

Page 11: General Orders 2012 Chapter A

APPOINTMENT OF OFFICERS INTO THE DIFFERENT SCHEME OF SERVICE

• An officer may be appointed into a position with a different scheme of service if he or she has fulfils the requirement which are required by the service scheme.

Page 12: General Orders 2012 Chapter A

RETURN INTO THE PREVIOUS SCHEME OF SERVICE

• An officer who has been confirmed in their service in the old service scheme before being appointed into the new scheme of service, can be revert into the old service scheme and grade with the permission from the Commission if the officer is failed to be confirmed in the new service scheme with the condition that his failure to be confirmed is not because of misconduct or the officer is seeking to return into their old service scheme with the condition of he or she has been undergone a minimum probationary period which have been set out in the new service scheme.

Page 13: General Orders 2012 Chapter A

• 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.

Page 14: General Orders 2012 Chapter A

• 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.

Page 15: General Orders 2012 Chapter A

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.

Page 16: General Orders 2012 Chapter A

• 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.

Page 17: General Orders 2012 Chapter A

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 Commission’s approval.

Page 18: General Orders 2012 Chapter A

PART III: RECRUITMENT

Page 19: General Orders 2012 Chapter A

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.

Page 20: General Orders 2012 Chapter A

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.

Page 21: General Orders 2012 Chapter A

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.

Page 22: General Orders 2012 Chapter A

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.

Page 23: General Orders 2012 Chapter A

APPLICATION BY GOVERNMENT

STAFF• All applications by government staff has to be

made through the head of department. • The head of department then will give a

review about his officer whether to support that application or not.

• Then the department will extend the application to Public Service Commission.

Page 24: General Orders 2012 Chapter A

APPOINTMENT OFFER BY THE COMMISSION

• The Commission will have to make offerings of positions to successful candidates through the heads of respective department and also to the unsuccessful applicants in an appropriate manner.

• The Commission may also direct the Department Heads to offer positions to successful candidates on behalf of the commission.

• The department heads that have been instructed to do so shall send copies of letters of offer that had been made to the Commission.

Page 25: General Orders 2012 Chapter A

• 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.

Page 26: General Orders 2012 Chapter A

HEALTH SCREENING, STATUTORY DECLARATION & LETTER OF UNDERTAKING

• All candidates who wants to work with the Government service must be sufficiently healthy and they will be required for their health checked by the government’s medical officer.

• They are also must not have any criminal record and to ensure this, they will be required to take an oath before a Magistrate or Commissioner of Oaths.

• Government officials who have a new post or being promoted and have met the above requirements will not be required to comply with these rules again.

Page 27: General Orders 2012 Chapter A

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.

Page 28: General Orders 2012 Chapter A

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.

Page 29: General Orders 2012 Chapter A

PART IV : DATE OF APPOINTMENT, STARTING SALARY & ANNUAL

SALARY RELOCATION

Page 30: General Orders 2012 Chapter A

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.

Page 31: General Orders 2012 Chapter A

DATE OF PERMANENT APPOINTMENT FOR TEMPORARY OFFICER

• 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).

Page 32: General Orders 2012 Chapter A

DETERMINATION OF STARTING SALARY

• The Commission should determine the starting salary of an officer as predetermined in his scheme of service.

• If an officer who, confirmed in the service or not, is appointed for the first time or reappointed, has the work experiences related to the position that he would hold, he could be given higher starting salary.

Page 33: General Orders 2012 Chapter A

• 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 position’s 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.

Page 34: General Orders 2012 Chapter A

• 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.

Page 35: General Orders 2012 Chapter A

• 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.

Page 36: General Orders 2012 Chapter A

STARTING SALARY FOR SPECIAL CASE

• Regardless of Rule 25, the Commission can determine the starting salary of an officer at any points of salary or of an amount for certain position after considering the unique or specific qualification and talent of the officer or given the specific case that the government has decided on his appointment.

Page 37: General Orders 2012 Chapter A

ANNUAL SALARY RELOCATION

• The date of annual salary relocation of a temporary or permanent officer depending on the date of their appointment in their recent post.

• The annual salary relocation would be divided into 4 terms.

Page 38: General Orders 2012 Chapter A

• 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 officer’s annual salary relocation to a specific which considered as appropriate.

Page 39: General Orders 2012 Chapter A

• 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.

Page 40: General Orders 2012 Chapter A

PART V: PROBATION PERIOD, CONFIRMATION OF SERVICE AND

EXTENSION OF PROBATION PERIOD

Page 41: General Orders 2012 Chapter A

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.

Page 42: General Orders 2012 Chapter A

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.

Page 43: General Orders 2012 Chapter A

• 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.

Page 44: General Orders 2012 Chapter A

• 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.

Page 45: General Orders 2012 Chapter A

EXTENSION OF PROBATION PERIOD• The Commission may extend the probation period of an

officer, either with or without penalty, after the maximum probationary period prescribed in the scheme of service.

• If an officer is not yet eligible to be confirmed in service after going through the prescribed maximum trial period, the officer may submit an application to extend the probation period to the Commission through the Head of Department immediately after the maximum probationary period, in condition that the Head of Department has yet to produce a certificate of not confirming the officer in the service.

Page 46: General Orders 2012 Chapter A

• 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; andiv. List of examinations, if any, that has been taken by

the officer, complete with the date of examination and the results.

Page 47: General Orders 2012 Chapter A

• 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.

Page 48: General Orders 2012 Chapter A

• 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.

Page 49: General Orders 2012 Chapter A

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.

Page 50: General Orders 2012 Chapter A

THE EEFECTS OF EXTENDING PROBATION PERIOD WITH PENALTY• An officer, whose probation period has been

extended with penalty shall be:i. loss of seniority for a period equal to the

period of such extension;ii. not eligible for any annual salary relocation

during the period of extended probation;iii. subject to his confirmation date, modified

date of the annual salary relocation during the next year.

Page 51: General Orders 2012 Chapter A

NOTIFICATION OF CONFIRMATION

• The Commission shall immediately notify the officer of his confirmation in service through his Head of Department

Page 52: General Orders 2012 Chapter A

PART VI: SENIORITY

Page 53: General Orders 2012 Chapter A

METHOD OF DETERMINING SENIORITY

• On determining the seniority of an officer in the civil service, it depends on whether an officer is appointed directly to a post. If the officer have been promoted, depending on the date of seniority of the officer holding the post substantively.

• However, if there are two or more officers appointed directly or promoted to the same scheme of service, the seniority of all officers are the same.

Page 54: General Orders 2012 Chapter A

SENIORITY OF THE OFFICERS WHO RETURN TO THE PREVIOUS SCHEME OF SERVICE

• Officer who returned to his old position and in the same scheme of service, the officer will again assumed its original seniority in the old office.

• But he will lose his seniority; as long as he stood outside the scheme of service.

Page 55: General Orders 2012 Chapter A

SENIORITY OF OFFICERS WITH APPROVED UNPAID LEAVE AND ABSENT OFFICER

• Officer would lose his seniority during the period of unpaid leave, absence or unreasonable excuse unless an officer took unpaid leave for further studies.

• In this case, the disciplinary committee has the power to determine what action can be taken against the officer who had committed these offenses.

Page 56: General Orders 2012 Chapter A

PART VII: OPTION FOR EMPLOYEES PROVIDENT FUND SCHEME AND

GIVEN STATUS

Page 57: General Orders 2012 Chapter A

OPTION FOR EMPLOYEES PROVIDENT FUND

• An officer who wishes to choose the Employees Provident Fund Scheme shall make their choice in the fifth table before being confirmed in the civil service.

• This is the subject to the provisions of section 6A of the pension act 1980 (act 227).

• An officer who have already choose the Employees Provident Fund Scheme in the previous post and appointed to the new post in the civil service shall subject to sub regulation 1.

Page 58: General Orders 2012 Chapter A

GIVEN STATUS PENSIONABLE

• An officer who did not choose the Employees Provident Fund Scheme under regulation 37 are eligible for pension status under the pension legislation.

• Therefore, the department head should be presenting the certificate in the schedule 6 to the commission.

• Appointment of an officer to another capacity in the civil service does not affect the pension status, however the officer can choose the Employees Provident Fund Scheme if he want during the appointment of the new post.

Page 59: General Orders 2012 Chapter A

PART VIII: PROMOTION, COVERING AND ACTING WORK

Page 60: General Orders 2012 Chapter A

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.

Page 61: General Orders 2012 Chapter A

CONDITION FOR PROMOTION

• An officer can only be considered for promotion if the meet the conditions under the rule 39 and if there are any vacancy for the job.

• Director general of the civil service can waive certain conditions of service scheme of promotion.

Page 62: General Orders 2012 Chapter A

PROMOTION OFFICER ON SECONDMENT OR TEMPORARY TRANSFER

• If an officer on secondment under sub regulation 12 (1) or temporary transfer under regulation 13 has meet the requirement for promotion, he should be considered in the promotion to the right service scheme.

Page 63: General Orders 2012 Chapter A

PROMOTION JOB ADVERTISEMENT

• If the board of promotion think that any promotion job vacancies to be filled by inviting suitable candidates from particular service under particular department, the head of department shall advertise the post through a departmental circular or other suitable means.

• If any vacancies no need to advertise, the head of department should certified to the board of promotion for the vacancies by certify the eligible officers according to the scheme for consideration.

Page 64: General Orders 2012 Chapter A

• 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.

Page 65: General Orders 2012 Chapter A

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.

Page 66: General Orders 2012 Chapter A

PROMOTIONAL SALARY DETERMINATION

• Subject to sub regulation (3), salary received by an officer who has been promoted must be higher than the last salary before. If the previous grade pay less than minimum wage promotion and the difference is equal to or more than one movement of ordinary salary, the officer shall be paid the minimum wage of promotion.

• If the previous grade pay less than minimum wage in the promotional grade and the difference isles than a normal wage movement, the initial salary shall be determined after the minimum wage promotion.

Page 67: General Orders 2012 Chapter A

• 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.

Page 68: General Orders 2012 Chapter A

DATE OF SALARY PROMOTION POST

• Subject to sub regulation 27(1), the date of the annual salary of an officer who was promoted to be determined according to date of promotion.

Page 69: General Orders 2012 Chapter A

COVERING AND ACTING WORK

• For the interest of the service, an officer may be directed to or to cover work and subject to regulatory approvals.

Page 70: General Orders 2012 Chapter A

COVERING AND ACTING WORK

• An officer who have been approved to cover the duties of the office are eligible to be paid allowance according to the regulations.

Page 71: General Orders 2012 Chapter A

PART IX : TERMINATION OF SERVICE AND RESIGNATION

Page 72: General Orders 2012 Chapter A

TERMINATION OF SERVICE FOR AN OFFICER WHO DOES NOT CONFIRM• Yang di-Pertuan Agong can terminate of service of an

officer does not confirm if the officer :• Hiding any information about their health in health

examination form;• Do false declaration in statutory declaration as per

order in paragraph 20(1)(b) and sub regulation 20(2);• Fail to follow the procedure of 20(3); or• Change or amending any relevant document that

related to their appointment.

Page 73: General Orders 2012 Chapter A

• The Head of Department can order the officer to do the medical examination again or can get the information from other method.

Page 74: General Orders 2012 Chapter A

TERMINATION OF SERVICE FOR THOSE WHO FAIL THE SECURITY EXAMINATION

• Officer who fail the security examination in probation or extend probation can be terminating.

• Officer who fail the security examination after confirmation can be terminate follow by rule of Public Officer (Act & Discipline) 1993.

Page 75: General Orders 2012 Chapter A

TERMINATION OF SERVICE FOR AN OFFICER WHO FAIL TO CONFIRM

• According to sub regulation (2), Yang di-Pertuan Agong can terminate the service of officer in first probation that have fail for confirmation in service during probation, either early probation nor extend probation.

• Even any sub regulation (1), officer can be terminate their services if fail in course or exercise that is mandatory for confirmation in services.

Page 76: General Orders 2012 Chapter A

• 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.

Page 77: General Orders 2012 Chapter A

• 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 di-Pertuan Agong can terminate the services of that officer start form the date that Yang di-Pertuan Agong agree.

Page 78: General Orders 2012 Chapter A

• 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.

Page 79: General Orders 2012 Chapter A

POWER OF TERMINATE SERVICE

• The party that can terminate an officer under regulation 48,49 and 50 should not lower the selected authority or Board Officer that representative with power of Commission under Clause (6) Subject 144 Federal Constitution.

Page 80: General Orders 2012 Chapter A

OPPORTUNITY TO SHOW REASON

• Services of officer cannot be terminate under Regulation 48 and 49 and sub regulation 50(1) and (2) otherwise if the officer is given opportunity to show reason, in duration not less than fourteen days from the receive date to show the reason, why the services cannot be terminate.

Page 81: General Orders 2012 Chapter A

NOTICE OF TERMINATE SERVICE

• The Yang di-Pertuan Agong can terminate the services of officer after give the notice or one month salary as replacement if:

• The officer not give any answer to the notice for the reason under regulation 52 in the given period of time; and

• Yang di-Pertuan Agong is satisfied that there is no reasonable for not to terminate the service of that officer;

Page 82: General Orders 2012 Chapter A

• 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.

Page 83: General Orders 2012 Chapter A

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.

Page 84: General Orders 2012 Chapter A

• 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.

Page 85: General Orders 2012 Chapter A

EFFECTIVE NOTICE OF RESIGNATION

• Every notice of resignation should effective on the next day of the notice is receive.

• Notice of resignation that is effective cannot take back.

Page 86: General Orders 2012 Chapter A

SHORTEN THE NOTICE OF RESIGNATION

• Head of Department can allow shortening the period of notice to any officers for the reason as follows:

• That officer is offer to any position in State services, Statutory authority, Public authority or company that Government have interest;

• That officers or partner, children or parents that have health problem;

• That officers go for course or training; or• Any reason that is approved by the Director General of

Public Service.

Page 87: General Orders 2012 Chapter A

RESIGNATION THAT IS NOT REQUIRE

• The permanent or temporary officer that have been appointed under other service or public service, is not require to resign, with requirement to inform the Head of Department by written to release the position.

Page 88: General Orders 2012 Chapter A

CHAPTER X : APPOINTMENT OF CONTRACT OFFICER

Page 89: General Orders 2012 Chapter A

APPOINTMENT OF CONTRACT OFFICER

• The public service commission can appoint officer by contract with ignoring the Part II, Chapter A, General Order.

• The Director General of Public Service is responsible for determining the policy and procedure for appointment of the contract officer.

Page 90: General Orders 2012 Chapter A

RESIGNATION AND TERMINATION OF CONTRACT OFFICER

• On resignation and termination of contract officer, sub regulation 53(3), paragraph 54(1)(b) are applied which is according to the terms and conditions of appointment and 1 month notice is required.

Page 91: General Orders 2012 Chapter A

CHAPTER XI : AGE

Page 92: General Orders 2012 Chapter A

AGE AND DATE OF BIRTH

• The age must be follow according Gregorian calendar.• The age must follow the provision as follows :• If the exact date is known, the age must follow that date• If only the month is known, the last date of the month

will assume as the date of birth• If only the year is known, 31st December of that year will

assume as the date of birth• If the date of birth is 29th February, the date of birth of

that person for the next following year will be on 1st Mac.

Page 93: General Orders 2012 Chapter A

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

Page 94: General Orders 2012 Chapter A

REFERENCES:1. General Orders:Chapter A, 2012

Edition,MDC Publishers Sdn Bhd,Kuala Lumpur