Article 112-119 Singapore Constitution 1963

Article 112-119 Constitution of Singapore 1963

Article 112, 113, 114, 115, 116, 117, 118, 119 of the Constitution of Singapore 1963 are under Chapter 5 (Supplementary Provisions) of Part IX of the Constitution. Part IX is titled The Public Service.

Article 112 Singapore Constitution 1963

Protection of pension rights

(1) The law applicable to any 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.

(2) For the purposes of this Article, the relevant day is —
(a) in relation to an award made before 16 September 1963, the date on which the award was made;
(b) in relation to an award made after 16 September 1963, to or in respect of any person who was a public officer before that date, the date immediately before that date; and
(c) in relation to an award made to or in respect of any person who first became a public officer on or after 16 September 1963, the date on which he first became a public officer.

(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.

Article 113 Singapore Constitution 1963

Power of Commissions in relation to pensions, etc.

(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 relevant Commission 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 relevant Commission concurs in the making of an award of a smaller amount.

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

Article 114 Singapore Constitution 1963

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

(1) Subject to clause (2) and Articles 35(11A), 98(7), 108(2A) and 148F(10B), awards 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 1995 and, if that Fund is deficient, the Consolidated Fund.

(2) Notwithstanding clause (1), the Legislature may by law provide that any award granted in respect of public service may be paid out of another Government Fund in lieu of the Pension Fund and the Consolidated Fund.

Article 115 Singapore Constitution 1963

Pension rights on transfer

(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 award shall not thereby be prejudiced.

(2) For the purposes of this Article, “other public service” has the meaning given to it by the Pensions Act 1956 as in force immediately before 15 September 1963.

Article 116 Singapore Constitution 1963

Regulations regarding public service

(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:
(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 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.

Article 117 Singapore Constitution 1963

[Omitted (as the Article has had its effect).]

Article 118 Singapore Constitution 1963

Performance by Public Service Commission of other functions

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

Article 119 Singapore Constitution 1963

Annual reports

A Commission must make an annual report on its activities to the President and a copy of every annual report must be presented to Parliament.

See also:

Article 111J-111Q Singapore Constitution 1963 (The Legal Service Commission)