2. The Constitution of Singapore is hereby amended by deleting Part IV thereof and substituting therefor the following: —“PART IV 70. For the purposes of this Constitution and except as hereinafter in this Part provided, the public services shall be —| (a) | the Singapore armed forces; | | (b) | the civil service of Singapore; | | (c) | the legal service; and | | (d) | the police force. |
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71. Except for the purposes of Articles 79, 80A and 80B of this Constitution, and except where the context otherwise requires, in the interpretation of this Part of this Constitution —| (a) | the expression “the public service” shall not include service otherwise than in a civil capacity; | | (b) | the expression “public office” shall not include the following offices, that is to say —| (i) | the office of the Chief Justice; | | (ii) | the office of the Attorney-General; | | (iii) | the office of Judge of the Supreme Court; | | (iv) | the office of member of the Public Service Commission; | | (v) | the office of any police officer below the rank of Inspector; or | | (vi) | any office the remuneration of the holder of which is calculated on a daily rate, |
| and the expression “public officer” shall be construed accordingly. |
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| 72. Except as expressly provided by this Constitution, every person who is a member of the public service shall hold office during the pleasure of the President. |
| Public Service Commission |
73.—(1) There shall be a Public Service Commission which shall consist of a Chairman and not less than four and not more than seven other members, each of whom shall be appointed in writing under the hand of the President, acting in accordance with the advice of the Prime Minister.| (2) The Chairman shall be a citizen of Singapore. |
| (3) There shall be a Deputy Chairman who shall be a person chosen by the members of the Public Service Commission from among their own number. |
| (4) A person appointed to be a member of the Public Service Commission shall thereafter be ineligible for appointment to any public office. |
| (5) At any meeting of the Public Service Commission, three members who shall include either the Chairman or the Deputy Chairman, and may include both of them, shall form a quorum. If the 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 so-me person not entitled so to do took part therein. |
| (6) Before assuming the duties of his office, the Chairman and every other member of the Public Service Commission shall take and subscribe before the Chief Justice or some other Judge of the Supreme Court the appropriate oath for the due execution of his office in the form set out in the First Schedule to this Constitution. |
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| Disqualification for appointment to the Commission |
74. A person shall not be appointed to be a member of the Public Service Commission if he is, and shall cease to be a member if he becomes —| (a) | a public officer; | | (b) | an employee of any corporation incorporated by or under the provisions of any law for the time being in force in Singapore other than the repealed Companies Ordinance (Cap. 174) and the Companies Act, 1967 (Act 42 of 1967), or any law replacing the said Act; | | (c) | a Member of Parliament or a duly nominated candidate for election as such Member; | | (d) | a member of any trade union or of any body or association affiliated to a trade union; or | | (e) | the holder of any office in any political association. |
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75.—(1) Subject to the provisions of Article 74 of this Constitution, every member of the Public Service Commission shall, unless he earlier resigns his office by writing under his hand addressed to the President or is removed therefrom under this Article, hold office for a period of five years from the date of his appointment, but shall be eligible for re-appointment.| (2) If the Prime Minister, or the Chairman of the Public Service Commission after consulting with the Prime Minister, represents to the President that a member of the Public Service Commission ought to be removed from office for inability to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour, the President shall refer that representation to a tribunal consisting of the Chief Justice and two other Judges of the Supreme Court nominated for that purpose by the Chief Justice and shall, if that tribunal so recommends, remove that member from office by writing under his hand. |
| (3) The tribunal constituted under clause (2) of this Article shall regulate its own procedure and may make rules for that purpose. |
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| Terms of service of Chairman and members of the Commission |
76.—(1) The Chairman and other members of the Public Service Commission shall be paid such salary and allowances as may from time to time be determined, and such salary and allowances shall be charged on and paid out of the Consolidated Fund.(2) Subject to the provisions of this Constitution, the terms of service of the members of the Public Service Commission may either —| (a) | be prescribed by or under any law made under this Constitution; or | | (b) | (in so far as they are not prescribed by or under any such law) be prescribed by the President. |
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| (3) The terms of service of any member of the Public Service Commission shall not be altered to his disadvantage during his continuance in office. |
| (4) For the purposes of clause (3) of this Article, in so far as the terms of service of a member of the Public Service Commission depend upon his option, any terms for which he opts shall be taken to be more advantageous to him than any for which he might have opted. |
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| Secretary to the Commission |
77.—(1) There shall be a Secretary to the Public Service Commission who shall be a person who is a public officer and who shall be appointed by the President in accordance with the advice of the Commission.| (2) The Secretary to the Public Service Commission shall be responsible, in accordance with such instructions as may be given to him by the Chairman of the Commission, for arranging the business for, and keeping the minutes of, the meetings of the Commission and for conveying the decisions of the Commission to the appropriate person or authority and shall have such other functions as the Chairman may from time to time direct. |
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| Appointment, etc., of public officers |
78.—(1) Subject to the provisions of this Constitution, it shall be the duty of the Public Service Commission to appoint, confirm, emplace on the permanent or pensionable establishment, promote, transfer and exercise disciplinary control over public officers.| (2) The promotion of public officers shall be on the basis of official qualifications, experience and merit. |
| (3) No public officer shall be dismissed or reduced in rank under the provisions of this Article without being given a reasonable opportunity of being heard. |
(4) In clause (1) of this Article —| “appoint” does not include an appointment to act in an office for two months or less; |
| “transfer” does not include transfer without a change of rank within a department of the Government. |
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| Protection of pension rights |
79.—(1) The law applicable to any pension, gratuity or other like allowance (in this Article referred to as an “award”) granted to any public officer or to his widow, children, dependant or personal representatives shall be that in force on the relevant day or any later law not less favourable to the person concerned.(2) For the purposes of this Article, the relevant day is —| (a) | in relation to an award made before the 16th day of September 1963, the date on which the award was made; | | (b) | in relation to an award made after the 16th day of September 1963, to or in respect of any person who was a public officer before that day, the day immediately before that day; | | (c) | in relation to an award made to or in respect of any person who first became a public officer on or after the 16th day of September 1963, the date on which he first became a public officer. |
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| (3) For the purposes of this Article, where the law applicable to an award depends on the option of the person to whom it is made, the law for which he opts shall be taken to be more favourable to him than any other law for which he might have opted. |
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| Power of Public Service Commission and Legal Service Commission in relation to pensions, etc. |
80.—(1) Where under any written law any person or authority has a discretion —| (a) | to decide whether or not any award shall be made; or | | (b) | to withhold, reduce in amount or suspend any such award that has been made, |
| that award shall be made and may not be withheld, reduced in amount or suspended unless the Public Service Commission or the Legal Service Commission, as the case may be, concurs in the refusal to grant the award or, as the case may be, in the decision to withhold, reduce in amount or suspend it. |
| (2) Where the amount of any award that may be made to any person is not fixed by law, the amount of the award to be made to him shall be the greatest amount for which he is eligible unless the Public Service Commission or the Legal Service Commission, as the case may be, concurs in the making of an award of a smaller amount. |
| (3) In this Article, “award” has the same meaning as in Article 79 of this Constitution. |
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| Pensions, etc., to be charged on the Consolidated Fund |
| 80A. Pensions, gratuities and other like allowances granted in respect of the public service shall be charged on and paid out of the Consolidated Fund. |
| Pension rights on transfer |
80B.—(1) Notwithstanding any provision of this Constitution relating to the circumstances in which a public officer may vacate his office, any public officer may, with the consent of the Government (which consent shall not be unreasonably withheld), relinquish his office for the purpose of transfer to some other public office or to an office in any other public service, and if he so relinquishes his office, his claim to any pension, gratuity or other like allowance shall not thereby be prejudiced.| (2) For the purposes of this Article, the expression “other public service” has the meaning given to it by the Pensions Ordinance, 1956 (Ord. 22 of 1956), as in force immediately before the date of the coming into operation of this Constitution. |
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| Regulations regarding Public Service Commission |
80C.—(1) Subject to the provisions of any written law for the time being in force in Singapore, the President may make regulations for all or any of the following matters, that is to say: —| (a) | the division of public offices into Divisions and Services; | | (b) | the prescribing of Schemes regulating the recruitment, service and promotion of members of such Services; and | | (c) | the conduct and discipline of the public service. |
| (2) The Public Service 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. |
| (3) The Public Service Commission may, by directions in writing and subject to such conditions as it thinks fit, delegate any of its functions under clause (1) of Article 78 of this Constitution to any member of the Commission, to any public officer or other person, or to any board consisting of public officers and other persons appointed by it or to any person who is a member of a panel appointed by the Commission for the purposes of representing the public in any disciplinary proceedings in respect of any grade of the public service and that member, officer, board or person shall exercise those functions under the direction and control of the Public Service Commission. |
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| Validation of acts done and rules made by the Public Service Commission |
80D.—(1) No legal proceedings whatsoever shall lie or be instituted or maintained in any court of law for or on account of or in respect of any act, decision or thing done or taken by the Public Service Commission or by any member, committee or delegate thereof or by any person acting under the authority of the Public Service Commission during the period from the 16th day of September 1963, to the date of the coming into operation of the Constitution (Amendment) Act, 1970, if done or taken in good faith in the execution of duty or for the purpose of regulating conduct or enforcing discipline in the public service.| (2) No legal proceedings in respect of any such act, decision or thing which is alleged to have been done or taken in bad faith in the execution of duty or for the purpose of regulating conduct or enforcing discipline in the public service during the period from the l6th day of September, 1963, to the date of the coming into operation of the Constitution (Amendment) Act, 1970, shall be instituted or maintained in any court of law unless a certificate of the Attorney-General shall first have been obtained sanctioning the institution of such legal proceedings. |
| (3) In the exercise or purported exercise of any the powers conferred upon the Public Service Commission pursuant to clause (1) of Article 75 of the Constitution [which is repealed by the Constitution (Amendment) Act, 1970], all acts or things done, exercised or performed by the Public Service Commission or by any member, committee or delegate thereof or by any person acting under the authority of the Public Service Commission during the period from the 16th day of September 1963, to the date of the coming into operation of the Constitution (Amendment) Act, 1970, shall be deemed to be and always to have been within the competence and jurisdiction of the Public Service Commission or such member, committee, delegate or person, as the case may be, and shall be deemed to be and always to have been validly done, exercised or performed. [No. RS(A) 14/66.] |
| (4) All rules, regulations, orders or notifications whatsoever made during the period from the 16th day of September 1963, to the date of the coming into operation of the Constitution (Amendment) Act, 1970, by or in the name of the Public Service Commission or any committee thereof shall be deemed to be and always to have been validly made, notwithstanding that any such rules, regulations, orders or notifications have been revoked or amended or are or have been inconsistent with, or in conflict with, or contrary to any written law or law previously in force. |
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| Performance by Public Service Commission of other functions |
| 81. Parliament may by law provide for the exercise of other functions by the Public Service Commission.”. |
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