Singapore 1963 Constitution (reviewed 2016) - Page 10 of 20

Table of Contents

PART IX. THE PUBLIC SERVICE

102. Public services

For the purposes of this Constitution and except as hereinafter in this Part provided, the public services shall be—
1. the Singapore Armed Forces;
2. the Singapore Civil Service;
3. the Singapore Legal Service; and
4. the Singapore Police Force.
Except as otherwise expressly provided by this Constitution, the qualifications for appointments and conditions of service of persons in the public services may be regulated by law and, subject to the provisions of any such law, by the President.

103. Interpretation of this Part

Except for the purposes of Articles 112, 114 and 115, and except where the context otherwise requires, in the interpretation of this Part—

“public service” does not include service otherwise than in a civil capacity;
“public office” does not include the following offices:
1. the office of the Chief Justice;
2. the office of the Attorney-General;
3. the office of Judge of the Supreme Court;
4. the office of member of the Public Service Commission or the Legal Service Commission;
5. the office of any police officer below the rank of Inspector; or
6. any office the remuneration of the holder of which is calculated on a daily rate,
and “public officer” shall be construed accordingly.

104. Tenure of public office

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.

105. Public Service Commission

There shall be a Public Service Commission which shall consist of a Chairman and not less than 5 and not more than 14 other members, each of whom shall be appointed in writing under the hand of the President, if the President, acting in his discretion, concurs with the advice of the Prime Minister.
The Chairman shall be a citizen of Singapore.
The President may, from time to time, if he, acting in his discretion, concurs with the advice of the Prime Minister, appoint one or more Deputy Chairmen from among the members of the Public Service Commission.
Before tendering his advice as to the appointment under clause (3) of a Deputy Chairman, the Prime Minister shall consult the Chairman of the Public Service Commission.
Every Deputy Chairman appointed under clause (3) shall hold office for such period as may be specified in the terms of his appointment and shall cease to be Deputy Chairman if he ceases to be a member of the Public Service Commission.
A person appointed to be a member of the Public Service Commission shall thereafter be ineligible for appointment to any public office.
At any meeting of the Public Service Commission, 3 members who shall include either the Chairman or one of the Deputy Chairmen, 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 some person not entitled to do so took part therein.
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.

106. Disqualification for appointment to Commission

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—
1. a public officer;
2. 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 Companies Act (Cap. 50) or any corresponding previous written law;
3. a Member of Parliament or a duly nominated candidate for election as such Member;
4. a member of any trade union or of any body or association affiliated to a trade union; or
5. the holder of any office in any political association.
Clause (1) (b) shall not apply to any person who is a member of the teaching staff of any university established by or under any written law.

107. Tenure of office

Subject to Article 106, 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 5 years from the date of his appointment, but shall be eligible for reappointment:Provided that a member, other than the Chairman, may be appointed to hold office for any shorter period of not less than 3 years.
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, if he, acting in his discretion, concurs with that representation, refer that representation to a tribunal consisting of the Chief Justice and 2 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.
The tribunal constituted under clause (2) shall regulate its own procedure and may make rules for that purpose.

108. Terms of service of Chairman and members of Commission

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.
Subject to the provisions of this Constitution, the terms of service of the members of the Public Service Commission may either—
1. be prescribed in regulations made by the President and published in the Gazette; or
2. (in so far as they are not prescribed by or under any such law) be prescribed by the President.
Regulations made under clause (2)(a) may provide that any gratuity payable in respect of service as a member of the Public Service Commission shall be charged on and paid out of the Consolidated Fund.
The terms of service of any member of the Public Service Commission shall not be altered to his disadvantage during his continuance in office.
For the purposes of clause (3), 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.

109. Secretary to Commission

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.
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.

110. Appointment, etc., of public officers

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, dismiss and exercise disciplinary control over public officers.
The promotion of public officers shall be on the basis of official qualifications, experience and merit.
No public officer shall be dismissed or reduced in rank under this Article without being give a reasonable opportunity of being heard.
Subject to the provisions of Article 110D, no member of any of the services mentioned in Article 102 (1) (b) to (d) shall be dismissed or reduced in rank by an authority subordinate to that which, at the time of the dismissal or reduction, has power to appoint a member of that service of equal rank.
In clause (1)—
- “appoint” does not include an appointment to act in an office for 2 months or less;
  “transfer” does not include transfer without a change of rank within a department of the Government.
  If you enjoy this article, please do not forget to check out our other articles:
  
  Greece 1975 Constitution (reviewed 2008)
  Pakistan 1973 Constitution (reinstated 2002, reviewed 2018)
  Egypt 2012 Constitution
  Trinidad and Tobago 1976 Constitution (reviewed 2007)
  Israel 1958 Constitution (reviewed 2013)

110A. Education Service Commission

Repealed by Act 11/98.

110B. Police and Civil Defence Services Commission

Repealed by Act 11/98.

110C. Provisions applicable to Education Service Commission and Police and Civil Defence Services Commission

Repealed by Act 11/98.

110D. Personnel boards

Subject to the provisions of this Article, the President may, on the advice of the Prime Minister and by order published in the Gazette, establish one or more personnel boards to exercise all or any of the powers and functions of the Public Service Commission under Article 110.
The order under clause (1) shall specify the powers and functions to be exercised by a personnel board and the class or classes of public officers in respect of which those powers and functions may be exercised except the following:
1. the power to dismiss and exercise disciplinary control over all public officers of any grade in Division I; and
2. all powers of the Public Service Commission in relation to public officers in the Administrative Service and Administrative Service (Foreign Service Branch) who hold appointments of and above the significant grade (as defined in Article 111A (1)) in those Services, including the power to nominate officers for appointment or promotion to that grade,
and any power of appointment specified in the order as to be exercised by a personnel board shall not include a power to dismiss any person so appointed.
Where the President has by order established a personnel board under clause (1) for the purpose of exercising any of the powers or functions of the Public Service Commission, such power or function—
1. may be exercised by such personnel board notwithstanding anything in Article 110 (1) and (4); and
2. shall, so long as it remains a power or function to be exercised by the board pursuant to such order, cease to be exercisable by that Commission except to the extent permitted under clause (4).
Any personnel board may, in writing and subject to such conditions as it thinks fit, delegate all or any of the powers or functions exercisable by the board under this Article (except this power of delegation) to any member of the personnel board, and that member shall exercise those powers or functions in accordance with the terms of the delegation; but no such delegation shall prevent the exercise of any such power or function by the personnel board.
Any act or thing done by a delegate of a personnel board while acting in the exercise of a delegation under clause (3A) shall have the same force and effect as if the act or thing had been done by the personnel board and shall be deemed to have been done by the personnel board.
Subject to regulations made under clause (7), any person aggrieved by any decision of any personnel board or its delegate may, within such time and in such manner as may be prescribed, appeal to the Public Service Commission, and the decision of the Commission shall be final.
Subject to clause (6), a personnel board which is established to exercise any power over officers in Division I shall consist of such persons as the President may, on the advice of the Prime Minister, appoint except that the President may, acting in his discretion, refuse to make any such appointment if he does not concur with the advice of the Prime Minister.
A person shall not be appointed to be a member of a personnel board if he is, and shall cease to be a member if he becomes—
1. a Member of Parliament or a duly nominated candidate for election as such Member;
2. a member of any trade union or of any body or association affiliated to a trade union; or
3. the holder of any office in any political association.
The President may by regulations—
1. provide for matters relating to the appointment of members of personnel boards;
2. prescribe the procedure to be followed by the personnel boards in the exercise of their powers and functions;
3. prescribe the manner of appeals under clause (4); and
4. modify the application of clause (4) by providing that appeals under that clause shall be made first to such person or persons as may be appointed by the President but without prejudice to the right to appeal thereafter to the Public Service Commission.
Nothing in this Article shall affect any direction or delegation issued before 1st October 1994 by the Public Service Commission under Article 116 (3), and this Article shall not apply to any power or function of these Commissions so long it forms the subject of any such direction or delegation.

111. Legal Service Commission

There shall be a Legal Service Commission, whose jurisdiction shall extend to all officers in the Singapore Legal Service.
The Legal Service Commission shall consist of—
1. the Chief Justice, as President;
2. the Attorney-General;
3. the Chairman of the Public Service Commission; and
4. at least 3 but not more than 6 other members, each of whom shall be appointed by the President if he, acting in his discretion, concurs with the advice of the person nominating the member under clause (2A).
5. Deleted by Act 31/2007, wef 01/11/2007.
The members referred to in clause (2) (d) shall comprise—
1. at least one but not more than 2 persons nominated by the Chief Justice;
2. at least one but not more than 2 persons nominated by the Chairman of the Public Service Commission; and
3. at least one but not more than 2 persons nominated by the Prime Minister,
except that where the Chief Justice, the Chairman of the Public Service Commission or the Prime Minister, as the case may be, nominates 2 persons, one of whom must be a person who has for an aggregate period of not less than 10 years been a qualified person within the meaning of section 2 (1) of the Legal Profession Act (Cap. 161).
A person shall not be appointed under clause (2) (d) to be a member of the Legal Service Commission if he is, and shall cease to be such a member if he becomes—
1. a public officer;
2. 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 Companies Act (Cap. 50) or any corresponding previous written law;
3. a Member of Parliament or a duly nominated candidate for election as such Member;
4. a member of any trade union or of any body or association affiliated to a trade union; or
5. the holder of any office in any political association.
Subject to clause (2B), every member of the Legal Service Commission appointed under clause (2) (d) shall, unless he earlier resigns his office by writing under his hand addressed to the President or is removed therefrom under clause (2D), hold office from the date of his appointment for such period (being not shorter than 3 years and not longer than 5 years) as the President may specify, and shall be eligible for reappointment.
If the Prime Minister, or the President of the Legal Service Commission after consulting with the Prime Minister, represents to the President that a member of the Legal Service Commission who is appointed under clause (2) (d) 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—
1. refer that representation to a tribunal consisting of 2 Judges of the Supreme Court nominated for that purpose by the Chief Justice, if the President, acting in his discretion, concurs with that representation; and
2. remove that member from office by writing under his hand if the tribunal in paragraph (a) so recommends.
The members of the Legal Service Commission appointed under clause (2) ( d) shall—
1. before assuming the duties of their respective offices, take and subscribe before the Chief Justice or some other Judge of the Supreme Court the appropriate Oath for the due execution of their offices in the form set out in the First Schedule; and
2. be paid such allowances as may, from time to time, be determined, and such allowances shall be charged on and paid out of the Consolidated Fund.
Subject to the provisions of this Constitution, the terms of service of the members of the Legal Service Commission appointed under clause (2) (d) may either be prescribed by or under any law made under this Constitution, or (in so far as they are not prescribed by or under any such law) be prescribed by the President.
The terms of service of any member of the Legal Service Commission appointed under clause (2) (d) shall not be altered to his disadvantage during his continuance in office, except that in so far as the terms of service of such a member of the Legal 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.
One of the members of the Legal Service Commission referred to in clause (2) (b), (c) or (d) may be appointed by the President as the Vice-President of the Legal Service Commission where the President, acting in his discretion, concurs with the advice of the Prime Minister who shall consult the President of the Legal Service Commission before tendering any such advice to the President.
Subject to the provisions of any existing law and to the provisions of this Constitution, it shall be the duty of the Legal Service Commission to appoint, confirm, emplace on the permanent establishment, promote, transfer, dismiss and exercise disciplinary control over officers in the Singapore Legal Service.
The Legal Service Commission may delegate to any officer in the Singapore Legal Service or to any board of such officers appointed by it any of its functions under clause (3) in respect of any grade of officers in the Singapore Legal Service, not being functions which are exercisable by a personnel board under Article 111AA, and that officer or board shall exercise those functions under the direction and control of the Legal Service Commission.
The Legal Service Commission may, subject to the provisions of this Constitution, regulate its own procedure and make rules for that purpose.
There shall be a Secretary to the Legal Service Commission who shall—
1. be a person who is a public officer; and
2. be appointed by the President in accordance with the advice of the Legal Service Commission.
The Secretary to the Legal Service Commission shall be responsible, in accordance with such instructions as may be given to him by the President of the Legal Service Commission, for arranging the business for, and keeping the minutes of, the meetings of the Legal Service Commission and for conveying the decisions of the Legal Service Commission to the appropriate person or authority and shall have such other functions as the President of the Legal Service Commission may, from time to time, direct.

111AA. Personnel boards of Singapore Legal Service

Subject to the provisions of this Article, the President may, on the advice of the Prime Minister and by order published in the Gazette, establish one or more personnel boards to exercise all or any of the powers and functions of the Legal Service Commission under Article 111.
An order under clause (1) shall specify the powers and functions to be exercised by a personnel board and the class or classes of officers in the Singapore Legal Service in respect of which those powers and functions may be exercised except the following:
1. the power to dismiss and exercise disciplinary control over officers in the Singapore Legal Service; and
2. all powers of the Legal Service Commission in relation to officers in the Singapore Legal Service who hold appointments of and above a grade prescribed in the order, including the power to nominate officers for appointment or promotion to that grade,
and any power of appointment specified in the order as to be exercised by a personnel board shall not include a power to dismiss any person so appointed.
Before tendering his advice as to the grade in the Singapore Legal Service referred to in clause (2) (b), the Prime Minister shall consult the President of the Legal Service Commission.
Where the President has by order established a personnel board under clause (1) for the purpose of exercising any of the powers or functions of the Legal Service Commission, such power or function—
1. may be exercised by such personnel board notwithstanding anything in Article 111; and
2. shall, so long as it remains a power or function to be exercised by the personnel board pursuant to such order, cease to be exercisable by the Legal Service Commission except to the extent permitted under clause (5).
Subject to any order made under clause (1), any person who is aggrieved by any decision of any personnel board established under this Article may, within such time and in such manner as may be prescribed, appeal to the Legal Service Commission, and the decision of that Commission shall be final.
Subject to clause (7), a personnel board which is established under this Article shall consist of such persons (who may or may not be members of the Legal Service Commission) as the President may, on the advice of the Legal Service Commission, appoint except that the President may, acting in his discretion, refuse to make any such appointment if he does not concur with the advice of the Legal Service Commission.
A person shall not be appointed to be a member of a personnel board established under this Article if he is, and shall cease to be a member if he becomes—
1. a Member of Parliament or a duly nominated candidate for election as such Member;
2. a member of any trade union or of any body or association affiliated to a trade union; or
3. the holder of any office in any political association.
An order under clause (1) may also—
1. provide for matters relating to the appointment of members of personnel boards established under this Article;
2. prescribe the procedure to be followed by these personnel boards in the exercise of their powers and functions; and
3. prescribe the manner of appeals under clause (5).

111A. Promotion to significant grade

The President may, by notification in the Gazette, designate as significant a grade each in the Administrative Service Scheme of Service and the Administrative (Foreign Service) Scheme of Service (referred to in this Article as the significant grade), and such notification may be subsequently amended to designate as significant any other grade in those Schemes of Service not lower than the grade first so designated.
Notwithstanding any other provision in this Constitution, any appointment or promotion of a public officer to the significant grade shall be made by the President, acting in accordance with the advice of the Prime Minister, from public officers nominated by the Public Service Commission.

112. Protection of pension rights

The law applicable to any pension, gratuity or other like allowance (referred to in this Article as an award) granted to any public officer or to his widow, children, dependants or personal representatives shall be that in force on the relevant day or any later law not less favourable to the person concerned.
For the purposes of this Article, the relevant day is—
1. in relation to an award made before 16th September 1963, the date on which the award was made;
2. in relation to an award made after 16th September 1963, to or in respect of any person who was a public officer before that date, the date immediately before that date; and
3. in relation to an award made to or in respect of any person who first became a public officer on or after 16th September 1963, the date on which he first became a public officer.
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.

113. Power of Public Service Commission and Legal Service Commission in relation to pensions, etc

Where under any written law any person or authority has a discretion—
1. to decide whether or not any award shall be made; or
2. 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.
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.
In this Article, “award” has the same meaning as in Article 112.

114. Pensions, etc., to be charged on Pension Fund or Consolidated Fund

Subject to clause (2) and Articles 35(11A), 98(7), 108(2A) and 148F(10B), pensions, gratuities and other like allowances granted in respect of the public service shall be charged on and paid out of, in the first instance, the Pension Fund established by the Pension Fund Act (Cap. 224A) and, if that Fund is deficient, the Consolidated Fund.
Notwithstanding clause (1), the Legislature may by law provide that any pension, gratuity or other like allowance granted in respect of public service may be paid out of another Government Fund in lieu of the Pension Fund and the Consolidated Fund.

115. Pension rights on transfer

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.
For the purposes of this Article, “other public service” has the meaning given to it by the Pensions Act (Cap. 225) as in force immediately before 15th September 1963.

116. Regulations regarding public service

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:
1. the division of public offices into Divisions and Services;
2. the prescribing of Schemes regulating the recruitment, service and promotion of members of such Services; and
3. the conduct and discipline of the public service.
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.
The Public Service Commission may, by directions in writing and subject to such conditions as it thinks fit, delegate any of its functions under Article 110 (1) 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.

117. Validation of acts done and rules made by Public Service Commission

Omitted (as the Article has had its effect).

118. Performance by Public Service Commission of other functions

Parliament may by law provide for the exercise of other functions by the Public Service Commission.

119. Reports of Commissions

The Public Service Commission and the Legal Service Commission shall each make an annual report on its activities to the President and a copy of every such report shall be presented to Parliament.