THE STATE PUBLIC SERVICE GENERAL ORDERS, 1996

Chapter:Chapter 1
Chapter Heading:QUALIFICATIONS FOR APPOINTMENTS PROMOTIONS AND TERMINATION OF SERVICE
Part No.:Part 1
Part Heading:PRELIMINARY
GO No.:2
.


Interpretation
2.-(1) In these General Orders-

"acting appointment" means the temporary appointment of an officer to a post of a higher grade than his substantive grade within the same scheme of service whether with a view to promotion or otherwise;

"appointment" means conferment of a post in the public service and includes-

(a) the appointment to a post in the public service of a person not in the public service;

(b) the appointment of a person on contract or the temporary appointment of a person to a permanent post in the public service;

(c) the appointment to a post in the public service of a person on contract terms for a further period of service on the conclusion of his previous period of appointment on contract terms in the same or another post;

(d) the appointment to a post in the public service of an officer from the general public service of the Federation or the public service of any State in the Federation, other than from the public service of the State; or

(e) an acting appointment;

"appointment on contract" means an appointment based on terms and conditions specified in a written contract, and for such term as may be specified therein;

"children of an officer" means children under the age of twenty-one years wholly dependent on an officer or if certified still attending a course of study until he attains first university degree or the age of twenty-five, whichever is the earlier, and includes-

(a) posthumous children;

(b) dependent step-children;

(c) dependent illegitimate children;

(d) adopted children under any written law, custom or usage; and

(e) children of an officer of any age who are mentally retarded or physically and permanently incapacitated and who are incapable of supporting themselves;

"classification of service" or "service classification" means the classification of services as set out in the First Schedule;

First Schedule: Database 'General Order (as at 28/05/97)', View 'Schedule'

"Commission" means the Public Service Commission of the State of Sarawak constituted under Article 35 of the Constitution;

"common user service" means those services declared as such by the State Secretary from time to time;

"Constitution" means the Constitution of the State of Sarawak;

"contract officer" means an officer appointed to any of the post in the public service whose terms and conditions are subject to specific agreement;

"convicted" or "conviction" includes a finding of guilt or an order or judgment making a finding of guilt in respect of a criminal offence by any court of competent jurisdiction in Malaysia or outside Malaysia, or by a competent body conferred with the power to conduct summary investigation under any written law, or any order or judgment of such court declaring the person charged or accused has committed a criminal offence and further it includes a case where a criminal charge has been proved against a person but the court does not record a conviction in respect thereof under section 173a of the Criminal Procedure Code;


F.M.S. Cap. 6.

"covering duties", in relation to an officer, means an officer who has been given direction to carry out the duties and responsibilities of another post in addition to his carrying out the duties of his own post;

"critical service" means such service as may be declared by the State Secretary from time to time as being essential to the public service having regard to the following circumstances:

(a) the importance of that service towards the economic growth and development of the State;

(b) the competition in the labour market for persons with similar qualification and skill required for that service;

(c) the special training and skill required for the performance of that service; and

(d) the environmental conditions of the place where that service is to be performed;

"day work" means any work or additional duty worked between the hours of 6.00 a.m. to 10.00 p.m.;

"department" means a department of Government and includes, where applicable, a Ministry;

"disciplinary action" means any action taken in accordance with the provisions of these General Orders or the Public Service Commission Rules, 1996, against any officer in the public service for a breach or contravention of any of the provisions of these General Orders or the Treasury Instructions or the Public Service Commission Rules, 1996;

"Disciplinary Board" means a Disciplinary Board appointed by the Commission under Article 36(6) of the Constitution;

"emergency works" means any duties declared by the Head of Department as emergency duties for restoring communications or essential services which had broken down or to preserve such communications or essential services from being interrupted or threatened;

"emolument" means all remuneration in money due to an officer and includes basic salary, fixed rewards, incentive payments and other monthly allowances;

"essential services" means the services as set out in the Fifth Schedule;

Fifth Schedule: Database 'General Order (as at 28/05/97)', View 'Schedule'

"Examinations Board" means the State Public Service Examinations Board established under General Order 314;

"family of a pensioner" or "family of a retired officer" means the family of an officer who has retired and includes any dependent of a pensioner who is eligible for a dependent’s pension granted under Part V of the Pensions Regulations 1980;


P.U.(A) 176/1980.

"family of the officer" means the spouse whose marriage with the officer had been reported to his Head of Department under General Order 17 and children of the officer, and includes the widow or widower of the officer;

"Government hospital" means any Government hospital, or any Government medical centre, polyclinic or health centre within Malaysia and includes the University Hospital and the Armed Forces Hospital and other medical institutions prescribed by the State Government for purposes of these General Orders;

"Government medical officer" or "Government dental officer" means a medical practitioner or a dental practitioner registered under any written law for the time being in force relating to the respective profession in Malaysia and serving in a Government hospital;

"Government Printer" means any printer authorised by the Majlis Mesyuarat Kerajaan Negeri, by notification in the Gazette, to print Ordinances, subsidiary legislation, official publications, notifications and other official documents of the Government;

"grade" means the salary grade assigned to an office as set out in the Schemes of Service in the Fourth Schedule;

Fourth Schedule: Database 'General Order (as at 17/05/97)', View 'Schedule'

"half-pay leave" means the period during which an officer is on leave on grounds permitted under these General Orders with half-pay;

"Head of Department" means an officer who is in charge of a department and includes the State Secretary, the State Attorney-General, the State Financial Secretary, the Permanent Secretary, the Resident of each Division and any officer designated by the State Secretary on the recommendation of the Commission to be or to act as Head of Department;

"Headquarters" means an office or a place where an officer normally reports for duty and encompasses an administrative area as follows:

(a) twenty-five kilometres, if connected by a road;

(b) sixteen kilometres, if connected by a land route passable by a motor vehicle; and

(c) eight kilometres, if connected by a bicycle path or a river;

"Housing Board" means a board constituted by the Government for the allocation of Government quarters to public officers;

"institutional quarters" means quarters specially built by the department for the accommodation of its officers who are required to be present at all times to be near the place of work or at a determined place in the district of his place of work;

"leave" means any period during which an officer is permitted in writing to absent himself from duty without such absence constituting a break in service;

"leave without pay" means any period during which an officer is on leave on grounds permitted under these General Orders and not paid the salary;

"legal parents" means the natural parents or step parents or adopted parents of an officer;

"Majlis Mesyuarat Kerajaan Negeri" means the body constituted under Article 6(1) of the Constitution to advise the Yang di-Pertua Negeri in the exercise of his functions;

"Management and Professional Group" means officers in the public service belonging to Categories I to IV referred to in the Second Schedule;

Second Schedule: Database 'General Order (as at 17/05/97)', View 'Schedule'

"Medical Board" means a Medical Board established in accordance with General Order 269;

"medical certificate" means a medical certificate issued by-

(a) a Government medical officer or a Government dental officer;

(b) a private practitioner;

(c) any officer who is authorised by the State Director of Health to issue such certificate; or

(d) a Medical Board;

"night work" means any work or additional duty worked between the hours of 10.00 p.m. to 6.00 a.m.;

"non-pensionable officer" means a public officer who has not been conferred the status of a pensionable officer under the Pensions Act 1980;


Act 227.

"non-pensionable terms" means the terms of service of non-pensionable officers;

"office" or "public office" means an office in the public service;

"officer" or "public officer" means any person holding, permanently or temporarily, any appointment in the public service and includes any person appointed to perform official duties in the public service;

"official duty" means the duty attached to the post of an officer and includes attendance on approved courses for a duration of less than three months;

"official working hours" means the working hours prescribed under General Order 293, including different hours of work prescribed under General Orders 294, 296, 297, 301 and 302;

"overtime" means a period during which an officer works outside the official working hours as directed by his Head of Department;

"pensionable officer" means an officer who has been conferred the status of a pensionable officer under section 7, or who is deemed to be a pensionable officer under section 8, of the Pensions Act 1980;

"pensionable terms" means the terms of service of pensionable officers as prescribed in the Pensions Act 1980 and any regulations made thereunder;

"pensioner" means an officer who has retired from the public service and receives monthly pensions according to the pension laws for the time being in force;

"permanent officer" means an officer holding a post in the permanent establishment in the public service, and includes a pensionable officer or an officer who is on probation or an officer who has been confirmed in his appointment on the permanent establishment; and "permanent post" shall be construed accordingly;

"pool quarters" means any quarters other than institutional or reserved quarters;

"posting" means the assignment of an officer for duties in a department, upon his first appointment to a particular post in the public service;

"Principal Ordinance" means the State Public Service (Conditions of Service) Ordinance, 1994;


Cap. 12.

"private practitioner" means a medical practitioner or a dental practitioner registered under any written law for the time being in force relating to the respective profession in Malaysia and not in the service of the Government;

"probationary period" means the period during which a person appointed to a permanent post is required to undergo probation for such period as may be stipulated for any particular scheme of service and which period may be extended in accordance with the provisions of General Order 27(4);

"promotion" means a substantive promotion from one grade to a higher grade within the same scheme of service whether or not in the same department and includes promotion by appointment;

"public service" means the public service of the State other than those excepted under General Order 1(3);

"qualifying service" means service which is to be taken into account in computing eligibility for leave of an officer in any one calendar year which shall include the periods when an officer is on duty, vacation leave and sick leave but shall not include the following periods which are neither leave earning nor leave consuming-

(a) half-pay leave;

(b) leave without pay;

(c) pilgrimage leave;

(d) sick leave due to tuberculosis, leprosy and cancer; and

(e) study leave;

"remain on call" means an instance where an officer is required to be present in any place easily communicated in preparedness for a particular period outside official working hours so that the officer can be contacted for immediate call of duty;

"reserved quarters" means any quarters exclusively for a holder of a particular post such as those prescribed in Chapter VI or by the State Secretary from time to time;

"retired officer" means an officer who had retired from the public service upon reaching the age of retirement or had been granted early retirement and includes a pensioner;

"salary movement" means the movement from one salary point to another salary point in the salary scale set out in the Third Schedule either in a horizontal, vertical or diagonal manner, or static, based on the appraisal report submitted to, and approved by, the Salary Movement Evaluation Panel in accordance with General Order 36;

Third Schedule: Database 'General Order (as at 17/05/97)', View 'Schedule'

"Salary Movement Evaluation Panel" means the Salary Movement Evaluation Panel established under Service Circular No. 4 of 1992;

"salary scales" means the salary scales assigned to a post in each service classification as stipulated in the Third Schedule;

Third Schedule: Database 'General Order (as at 28/05/97)', View 'Schedule'

"scheme of service" includes the entry qualifications, salary scales, duties and responsibilities of officers in the public service contained in the New Remuneration System (Sistem Saraan Baru) as set out in the Fourth Schedule;

Fourth Schedule: Database 'General Order (as at 17/05/97)', View 'Schedule'

"secondment", in relation to a public officer, means the temporary placement or attachment of a serving officer to a post within or outside the public service for a specified period without break in the substantive service of the officer, and includes the temporary placement or attachment of a person from a post outside the public service to a post within the public service;


[Am. Swk. L.N. 20/2000.]

"serving officer" means an officer in the public service and includes a temporary officer, a probationary officer, a confirmed officer, an officer emplaced on the permanent or pensionable establishment, an officer on secondment and an officer on contract;

"sick leave" means leave on full-pay on medical grounds granted on production of a medical certificate;

"Special Medical Board" means a Special Medical Board established in accordance with General Order 270;

"SSB" means the New Remuneration System (Sistem Saraan Baru) under Service Circular No. 9/1991 dated 23rd December, 1991 which was implemented on 1st January, 1992 and includes any amendment thereof;

"State" means the State of Sarawak;

"station" means an area within twenty-five kilometres from the office to which an officer is currently serving;

"Support Group" means officers in the public service belonging to Categories V to XI referred to in the Second Schedule;

Second Schedule: Database 'General Order (as at 17/05/97)', View 'Schedule'

"temporary appointment" means the appointment of a person to a temporary post in the public service or the appointment of a person temporarily to a permanent post in accordance with General Order 31;

"temporary officer" means an officer in the public service who is appointed on non-pensionable terms of service in accordance with General Order 31;

"temporary transfer", in relation to a public officer, means the assignment either by transfer or on secondment or exchange of a serving officer to any post in the public service of the State or the Federation for a period not exceeding six months or for such longer period as the State Secretary may in any particular case approve without break in the substantive service of the officer;

"Top Management Group" means officers in the public service belonging to Premier Staff I to III, Premier Grade A to C and Special Grade A to C;

"transfer" means the movement of an officer-

(a) [Deleted by Swk. L.N. 20/2000];

(b) from an office in one Ministry to an office in another Ministry;

(c) from an office in one department to an office in another department; or

(d) from an office in a department to an office in a Ministry or vice versa,

without a change of rank or which does not involve promotion, unless otherwise stated in the transfer;

"Treasury Instructions" means Instructions issued by the Treasury and the State Financial Authority pursuant to section 4 of the Financial Procedure Act 1957;


Act 61.

"unrecorded leave" means leave on full-pay granted to an officer in the circumstances, or for undertaking activities, permitted under these General Orders;

"vacation leave" means leave on full-pay granted in respect of qualifying service in any one calendar year;

"Yang di-Pertua Negeri" has the same meaning assigned to it under section 2(2) of the Principal Ordinance.

(2) Words importing the masculine gender shall include the feminine and neuter genders and words in the singular number shall include the plural and vice versa.

(3) Wherever differences should arise with regard to the application or meaning of any of the provisions of these General Orders or of Circulars issued by the State Secretary, such differences shall be referred to him for a ruling and his decision thereon shall be final and conclusive.