Constitution of the Republic of Singapore (Amendment No. 2) Bill

Bill No. 11/1990

Read the first time on 2nd March 1990.
An Act to amend the Constitution of the Republic of Singapore.
Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows:
Short title and commencement
1.  This Act may be cited as the Constitution of the Republic of Singapore (Amendment No. 2) Act 1990 and shall come into operation on such date as the President may, by notification in the Gazette, appoint.
Amendment of Article 103
2.  Article 103 of the Constitution of the Republic of Singapore (referred to in this Act as the Constitution) is amended by deleting sub-paragraph (iv) of the definition of “public office” in paragraph (b) and substituting the following sub-paragraph:
(iv)the office of member of the Public Service Commission, the Legal Service Commission, the Education Service Commission or the Police and Civil Defence Services Commission;”.
Amendment of Article 105
3.  Article 105(1) of the Constitution is amended by deleting the words “11 other members” and substituting the words “14 other members”.
New Articles 110A, 110B and 110C
4.  The Constitution is amended by inserting, immediately after Article 110, the following Articles:
Education Service Commission
110A.—(1)  There shall be an Education Service Commission which shall consist of —
(a)a Chairman (being either the Chairman or a Deputy Chairman of the Public Service Commission) appointed in writing under the hand of the President acting in accordance with the advice of the Prime Minister who shall, before tendering such advice, consult the Chairman of the Public Service Commission;
(b)two members of the Public Service Commission nominated generally or specially by the Chairman of the Public Service Commission of whom one shall be nominated as the Deputy Chairman of the Education Service Commission; and
(c)two persons appointed in writing under the hand of the President acting in accordance with the advice of the Prime Minister.
(2)  It shall be the duty of the Education Service Commission to appoint, confirm, emplace on the permanent or pensionable establishment and promote all public officers in the Education Service of the Singapore Civil Service except that the Director of Education shall be appointed or promoted by the Public Service Commission.
(3)  The dismissal of, and disciplinary control over, public officers in the Education Service shall continue to be the duty of the Public Service Commission under Article 110 and for the purposes of that Article the Education Service Commission shall be deemed to be an authority subordinate to the Public Service Commission.
Police and Civil Defence Services Commission
110B.—(1)  There shall be a Police and Civil Defence Services Commission which shall consist of —
(a)a Chairman (being either the Chairman or a Deputy Chairman of the Public Service Commission) appointed in writing under the hand of the President acting in accordance with the advice of the Prime Minister who shall, before tendering such advice, consult the Chairman of the Public Service Commission;
(b)two members of the Public Service Commission nominated generally or specially by the Chairman of the Public Service Commission of whom one shall be nominated as the Deputy Chairman of the Police and Civil Defence Services Commission; and
(c)two persons appointed in writing under the hand of the President acting in accordance with the advice of the Prime Minister.
(2)  It shall be the duty of the Police and Civil Defence Services Commission to appoint, confirm, emplace on the permanent or pensionable establishment and promote all public officers in the Police Service and the Civil Defence Service and to transfer such officers between those Services, except that the Commissioner of Police and the Commissioner of Civil Defence shall be appointed or promoted by the Public Service Commission.
(3)  The dismissal of, and disciplinary control over, public officers in the Police Service and the Civil Defence Service shall continue to be the duty of the Public Service Commission under Article 110 and for the purposes of that Article the Police and Civil Defence Services Commission shall be deemed to be an authority subordinate to the Public Service Commission.
(4)  In this Article, the reference to the Police Service and the Civil Defence Service shall be construed as a reference to the Singapore Police Force, the Singapore Civil Defence Force and any other services as the President may, after consultation with the Chairman of the Public Service Commission, by notification in the Gazette, designate as part of the Police Service or the Civil Defence Service.
Provisions applicable to the Education Service Commission and the Police and Civil Defence Services Commission
110C.—(1)  The provisions of this Article shall have effect in relation to the Education Service Commission and to the Police and Civil Defence Services Commission, and “Commission” in this Article shall be construed accordingly.
(2)  The Commission may, subject to such conditions as it thinks fit, delegate to any member of the Commission, to any public officer or other person, or to any board consisting of public officers or other persons appointed by it, any of its functions in respect of any grade of service, and that member, officer, person or board shall exercise those functions under the direction and control of the Commission.
(3)  At any meeting of the Commission, 3 members who shall include either its Chairman or Deputy Chairman shall form a quorum; and if a quorum is present, the Commission shall not be disqualified for the transaction of business by reason of any vacancy among its members, and any proceeding of the Commission shall be valid notwithstanding that some person not entitled to do so took part therein.
(4)  The Commission may, subject to the provisions of this Constitution, regulate its own procedure and make rules for that purpose, and may, in connection with the discharge of its functions, confer powers and impose duties on any person or any authority of the Government.
(5)  The Commission shall appoint the Secretary of the Public Service Commission, or any other public officer, to be Secretary of the Commission.
(6)  The Chairman of the Commission shall be appointed for a period of not less than 3 years and not more than 5 years except that —
(a)he shall cease to be Chairman if he ceases to be the Chairman or Deputy Chairman of the Public Service Commission; and
(b)the first Chairman may be appointed for a period of less than 3 years.
(7)  Articles 105(6), 106, 107 and 108 shall apply to a member of the Commission appointed under Article 110A(1)(c) or 110B(1)(c) as they apply to a member of the Public Service Commission.
(8)  Before assuming the duties of his office, a member of the Commission appointed under Article 110A(1)(c) or 110B(1)(c) shall take and subscribe before the Chief Justice or some other Judge of the Supreme Court the Oath for the due execution of his office in the form (with necessary modifications) applicable to a member of the Public Service Commission as set out in the First Schedule.”.