Article 105-111A Singapore Constitution 1963

Article 105-111A Constitution of Singapore 1963

Article 105, 106, 107, 108, 109, 110, 111, 111AA, 111A of the Constitution of Singapore 1963 are under Chapter 2 (The Public Service Commission) of Part IX of the Constitution. Part IX is titled The Public Service.

Article 105 Singapore Constitution 1963

Public Service Commission

(1) 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.

(2) The Chairman shall be a citizen of Singapore.

(3) 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 Commission.

(4) Before tendering his advice as to the appointment under clause (3) of a Deputy Chairman, the Prime Minister shall consult the Chairman of the Commission.

(5) 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 Commission.

(6) A person appointed to be a member of the Commission shall thereafter be ineligible for appointment to any public office.

(7) At any meeting of the 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.

(8) Before assuming the duties of his office, the Chairman and every other member of the Commission shall take and subscribe before the Chief Justice or some other Supreme Court Judge the appropriate Oath for the due execution of his office in the form set out in the First Schedule.

Article 106 Singapore Constitution 1963

Disqualification for appointment to Commission

(1) A person shall not be appointed to be a member of the 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 Companies Act 1967 or any corresponding previous written law;
(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.

See also  Article 6-8 Singapore Constitution 1963

(2) 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.

Article 107 Singapore Constitution 1963

Tenure of office

(1) Subject to Article 106, every member of the 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.

(2) If the Prime Minister, or the Chairman of the Commission after consulting with the Prime Minister, represents to the President that a member of the 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 Supreme Court Judges 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) shall regulate its own procedure and may make rules for that purpose.

Article 108 Singapore Constitution 1963

Terms of service of Chairman and members of Commission

(1) The Chairman and other members of the 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 Commission may either —
(a) be prescribed in regulations made by the President and published in the Gazette; or
(b) (in so far as they are not prescribed by or under any such law) be determined by the President.

(2A) Regulations made under clause (2)(a) may provide that any gratuity payable in respect of service as a member of the Commission shall be charged on and paid out of the Consolidated Fund.

(3) The terms of service of any member of the Commission shall not be altered to his disadvantage during his continuance in office.

(4) For the purposes of clause (3), in so far as the terms of service of a member of the 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.

Article 109 Singapore Constitution 1963

Secretary to Commission

(1) There shall be a Secretary to the 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.

See also  Article 136-141 Singapore Constitution 1963

(2) The Secretary to the 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.

Article 110 Singapore Constitution 1963

Functions

(1) Subject to the provisions of this Constitution, it shall be the duty of the Commission to appoint, confirm, emplace on the permanent or pensionable establishment, promote, transfer, dismiss and exercise disciplinary control over public officers (but not officers in the Singapore Judicial Service or the Singapore Legal Service).

(2) [Deleted by Act 32 of 2021 wef 14/01/2022]
(3) [Deleted by Act 32 of 2021 wef 14/01/2022]
(4) [Deleted by Act 32 of 2021 wef 14/01/2022]

(5) 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.

Article 110A Singapore Constitution 1963

[Repealed by Act 11 of 1998]

Article 110B Singapore Constitution 1963

[Repealed by Act 11 of 1998]

Article 110C Singapore Constitution 1963

[Repealed by Act 11 of 1998]

Article 110D Singapore Constitution 1963

Personnel boards

(1) 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 Commission under Article 110.

(2) 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:
(a) the power to dismiss and exercise disciplinary control over all public officers of any grade in Division I; and
(b) all powers of the 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.

(3) 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 Commission, such power or function —
(a) may be exercised by such personnel board notwithstanding anything in Articles 104(5) and 110(1); and
[Act 32 of 2021 wef 14/01/2022]
(b) 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).
[Act 32 of 2021 wef 14/01/2022]

(3A) 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.

See also  Article 148A-148I Singapore Constitution 1963

(3B) 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.

(4) 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 Commission, and the decision of the Commission shall be final.

(5) 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.

(6) 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 —
(a) a Member of Parliament or a duly nominated candidate for election as such Member;
(b) a member of any trade union or of any body or association affiliated to a trade union; or
(c) the holder of any office in any political association.

(7) The President may by regulations —
(a) provide for matters relating to the appointment of members of personnel boards;
(b) prescribe the procedure to be followed by the personnel boards in the exercise of their powers and functions;
(c) prescribe the manner of appeals under clause (4); and
(d) 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 Commission.

(8) Nothing in this Article shall affect any direction or delegation issued before 1 October 1994 by the Commission under Article 116(3), and this Article shall not apply to any power or function of the Commission so long it forms the subject of any such direction or delegation.

Article 111 Singapore Constitution 1963

[Repealed by Act 32 of 2021 wef 14/01/2022]

Article 111AA Singapore Constitution 1963

[Repealed by Act 32 of 2021 wef 14/01/2022]

Article 111A Singapore Constitution 1963

Promotion to significant grade

(1) 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.

(2) 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 Commission.


See also:

Article 102-104 Singapore Constitution 1963

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Inioluwa Olaposi

Hi. I am Inioluwa Olaposi, a legal-tech enthusiast interested in human development. I tweet sometimes.

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