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APPENDIX D MALAYSIA Act of Parliament No, 1 OF 1967 PENSIONS (TEMPORARY PROVISIONS) (SABAH) ACT, 1967
An Act to make temporary provision for the retirement from the public service. of certain officers serving in Sabah who are nominated as candidates for election to the Legislative Assembly of that State, and for matters incidental thereto.
[1st February, 1967.] BE IT ENACTED by the Duli Yang Maha Mulia Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows:
1.(1) This Act may be cited as the Pensions (Temporary Provisions) (Sabah) Act, 1967. and shall apply to the State of Sabah only.
(2) This Act shall be deemed to have come into force on the lst day of February, 1967, and shall continue in force until such date as the Yang di- Pertuan Agong shall, by notification published in the Sabah Government Gazette, order that it shall cease to be in force in that State.
2. During the continuance in force of this Act, the Pensions Ordinance, 1963, of Sabah stall have effect with the inclusion therein, immediately after section 6, of the following section:
"6A. (1) Notwithstanding any of the provisions of section 6, a pension, gratuity or other allowance may be granted to any public officer in either of the categories described in sub-section (2)who intends to offer himself for election to the Legislative Assembly (such officer being herein after referred to as the candidate) and who for that purpose retires from service under the Government of the Federation of Sabah. as the case may be, provided that the conditions mentioned in sub-section (3) are satisfied.
(2) The said categories of piblic officers are-
(a) officers in service under the Government of Sabah who are subject to the jurisdiction of the Public Service Commission established under Article 36 of the Constitution of the State of Sabah (hereinafter referred to as the State Public Service Commission); and
(b) Local Federal officers who are subject the retire-to the jurisdiction of -
(i) the branch of the Judicial and Legal Service Commission established for the Borneo States under Article 146A the Federal Constitution;
(ii) the branch of the Public Services Commission established for Sabah under Article 146B of the Federal Constitution; or
(iii) the Police Force Commission established under Article 140 of the Federal Constitution as the case may be, (hereinafter collectively referred to come intoas Federal Service Commissions). (3) The said conditions are -
(a) that immediately before the day appointed for nominations for election the candidate shall have completed ten years' public service under the Government of Sabah; and
(b) that the candidate, before his nomination for election, shall have obtained the consent of the appropriate Service Commission:
Provided that if for any cause which the appropriate Service Commision is satisfied was beyond the control of the candidate that consent, though given, does not reach him before his nomination, his retirement from the service shall be deemed to have occurred immediatly before his nomination.
(4) If a candidate fails under to obtain nomination for election his retirement under the provision of this section shall be deenied not to have taken effect.
(5)In this section "appropriate Servey Commission means, in the case of officers in category (a) of sub-section (2) the State Public Service Commission and, in the case of officers in category (b) of the said sub-section, whichever of the Federal Service Commission exercises jurisdiction over such officers.
(6) The State Public Service Commission may delegate its functions under sub-section (3) to the Permanent Secretary, Chief Minister's Department of Sabah and any of the Federal Service Commission may delegate its functions under that sub-section to the local pensions authority as defined (in respect of Sabah) in the Modification of lows (Government Employees Provident Fund ond Pensions)(Borneo States) Order 1965.". 3. Any pension gratuity or other allowance granted to any officer by virtue of the provisions of this Act shall, notwithstanding that this Act shall have ceased to be in force, continue to be payable until determined in accordance with the provision of the Pension Ordinance, 1963 of Sabah.
[ Received the
Royal Assent >> back << |