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COMMISSION

COMMISSION. TYPES OF COMMISSION. There are 2 types of commission: Permanent Commission Non-permanent Commission/ Special Commission Permanent Commission: Service Commissions Election Commission Human Rights Commission of Malaysia (SUHAKAM). THE OBJECTIVES.

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COMMISSION

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  1. COMMISSION

  2. TYPES OF COMMISSION • There are 2 types of commission: • Permanent Commission • Non-permanent Commission/ Special Commission • Permanent Commission: • Service Commissions • Election Commission • Human Rights Commission of Malaysia (SUHAKAM)

  3. THE OBJECTIVES • To have agencies that move freely and carry out duties objectively, fairly and justly. • To ensure the fairness be practiced in staffs recruitment for Service Commissions. • To convince both candidates and voters in certain elections for Election Commission. • To investigate sensitive matters with true objective and fair operation for Special Commissions.

  4. 1. SERVICE COMMISSIONS • There are 5 Service Commissions that have been established by the Constitution: • Public Service Commission • Education Service Commission • Judiciary and Law Service Commission • Police Service Commission • Armed Force Council

  5. A. PUBLIC SERVICE COMMISSION • Established through Article 139 Federal Constitution. • Members are appointed by YDPA after discussing with Council of Rulers and on the advice of Prime Minister. • Can be divided into 3 categories: • Federal Public Service Commission • State Public Service Commission • Branch of Federal Public Service Commission

  6. The functions: • Responsible for the appointment in public service • Responsible to confirm positions in public service • Responsible for the permanent shift of its staffs from one position to another position. • Responsible to take discipline action towards the staffs

  7. B. EDUCATION SERVICE COMMISSION • Established in 1973 through Article 141A Federal Constitution. • Members are appointed by YDPA after discussing with Council of Rulers and on the advice of Prime Minister. • Members are consisted of a Chairman, a Vice Chairman, and between 4 to 8 other members. • Main functions: • Responsible for the appointment of teachers in education service. • Responsible for placing teachers known as Education Service Officer into several categories based on their qualifications and specialties. • Other functions are same with that of Public Service Commission except the jurisdiction covers only education field.

  8. C.JUDICIARY AND LAW SERVICE COMMISSION • Established in 1957 which covers all law and judiciary members. • Members are appointed by the YDPA after discussing with Chief Justice. • The members are consisted of: • Commission Chairman which is also the Chairman of Public Service Commission. • Attorney General (if he is a Parliament Member or is not from Judiciary and Law Service Commission - will be replaced by Prosecutor) • A member or several other members that work in jurisdiction and judiciary field or ex-judge. • This commission secretary is also the Secretary of Public Service Commission. • The functions of this commission are same as the functions of Public Service Commission except its jurisdiction covers judiciary and law only.

  9. D. POLICE SERVICE COMMISSION • Has jurisdiction over all members of Malaysia Royal Police Force. • Members of commission: • A commission Chairman who at the same time is Minister of Internal Security. • Inspector General Police (IGP) • Secretary General of Ministry of Home Affairs • One of Public Service Commission members appointed by YDPA • 2 to 6 other members appointed by YDPA.

  10. The post of Inspector General Police and Deputy Inspector General Police are appointed by the YDPA after consultation with the Prime Minister. • The functions and responsibilities: • Responsible for appointing, confirming and locating staffs to permanent and pension scheme. • Responsible for promoting, shifting and implementing discipline control over police force members. • Executes job scope organisation and implementation method. • Provides negotiation platform with other people from outside police force.

  11. E. ARMED FORCE COUNCIL • Armed Force Council is part of Service Commission. • This Council is under the command of YDPA in terms of command, discipline and administration of all matters regarding armed force. • The members are: • A council Chairman cum Minister of Defence • A member who represents YDPA appointed by Council of Rulers • Army Chief Commander appointed by the YDPA • Secretary General of Ministry of Defence • 2 senior officers of Federal Armed Force appointed by YDPA. • A senior officer each from Federal Navy Force and Federal Air Force appointed by the YDPA. • 2 other members whether armies or public members appointed by the YDPA.

  12. 2. ELECTION COMMISSION • The YDPA is responsible for appointing the members of Election Members. • Election Commission that is appointed must obtain trust from the people. • Members of Election Commission can continuously hold their posts up to 65 years old. • The dismissal of the members only can be done through the same way with the dismissal of a judge. • The members can be dismissed by the YDPA based on following circumstances: • Declared as bankrupt • Holding any position that pays salary • Be a member of House of Representatives or the Senate or State Legislative Assembly • The Chairman of Election Commission can be dismissed if he is found to be member of Board of Directors whether receives pay or not.

  13. The members are: • A Chairman • A Deputy Chairman • A Secretary • A Deputy Secretary • A Chief Deputy Secretary • 2 other members • The main functions of Election Commission: • To register voter’s name every year • To recheck voters’ registration in all constituencies • To organize general and by-election • To study Parliament and State constituencies in every 8 to 10 years. • To draw up certain rules and regulations.

  14. 3.HUMAN RIGHTS COMMISSION OF MALAYSIA • Established in 1999 under Human Rights Commission of Malaysia Act in order to inculcate the awareness of human rights among people. • The establishment began when Malaysia involved actively in United Nations Commission for Human Rights (UNCHR) in 1993-95. • Malaysia has been appointed as member of UNCHR in 1993. • In 1995, Tan Sri Dato’ Musa Bin Hitam was appointed as the Chairman of the 52nd session of UNCHR. • In April 2000, Malaysian Government announced the appointment of the first Human Rights Commission of Malaysia that is Tan Sri Dato’ Musa Bin Hitam and 12 commission members. • Human Rights Commission of Malaysia Act 1999 allows the appointment up to 20 members for 2 years.

  15. Main reasons behind the formation: • Malaysia active involvement in UNCHR and United Nations. • The increase of international attention towards human rights issue. • Malaysian people getting alert about political progress and their rights. • Main functions: • Cultivate awareness and provide education about human rights • Advise and assist the government in formulating jurisprudence and administrative procedures, and also suggest actions that should be taken. • Investigate complaints regarding the contravention of human rights. TAN SRI ABU TALIB OTHMAN CHAIRMAN OF SUHAKAM

  16. NON-PERMANENT/SPECIAL COMMISSION • Special Commission is a free body that is established by the government, usually in temporary form to study certain matters or problems and give declarations to the government for the solutions. • The members are appointed by the YDPA. • Among Special Commissions that have been formed: • Harun’s Pay Commission 1972 • Royal Commission Regarding Pay and Service Conditions for Local Authority and Corporation Authority 1973 • Special Commission to Upgrade the Running and Management of Malaysia Royal Police 2004

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