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Public Service Commission Act is Brunei Act, cited as Act 83 1984, currently marked in force and first recorded in 1984.
Public Service Commission
REVISED EDITION 1984
CHAPTER83
CAP. 83 1
Section
Opening note
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This Act may be cited as the Public Service Commis-Short title sion Act.
In this Act unless the context otherwise requires -
"Commission" means the Public Service Commis-sion established under Part IX of the Constitution;
"Constitution" means the Constitution of Brunei
Darussalam".
Interpreta·
tion 3
No persons shall in any legal proceedings be permit-ted or compelled to produce or disclose any communication written or oral which has taken place between the Commis-sion or any of its members and the Government or any public officer or any communication between members of the Commission in exercise of or in connection with the exercise of its functions unless His Majesty the Sultan and
Yang Di-Pertuan shall in writing consent to such production or disclosure.
Certain com·
munications to be pri-vileged
4
Protection of members
Giving false information to Commis-sion
Unauthorised publication and disclo-sure of in-formation
Public Service Commission
Every member of the Commission shall have such and like protection and privileges in case of any action or suit brought against him for any act done or omitted to be done by him when acting in the execution of his office as is by law given to any magistrate acting in the execution of his office.
Any person who, in connection with an application by any person for employment or appointment in the public service or with the exercise by the Commission of any of its functions, wilfully gives to the Commission or to any mem-ber thereof or to any person or body of persons appointed by the Commission to assist in the exercise of its functions any information which is false or misleading in any material particular shall be guilty of an offence: Penalty, a fine of
$10,000 and imprisonment for 2 years.
No member of the Commission nor any other person shall, withoy.t the written permission of His High-ness, publish or disclose to any unauthorised person or otherwise than in the course of duty the contents or any part of the contents of any document, communication or in-formation whatsoever which has come to his knowledge in the course of his duty as such member in respect of any matters relating to the exercise by the Commission of any of its functions, and any person who knowingly acts in con-travention of the provisions of this subsection shall be guilty of an offence: Penalty, a fine of $5,000 and imprisonment for one year.
If any person having possession of any informa-tion which to his knowledge has been disclosed in con-travention of the provisions of this section publishes or com-municates such information to any person otherwise than
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Public Service Commission for the purpose of a prosecution under this Act, he shall be guilty of an offence : Penalty, a fine of $5,000 and imprison-ment for one year.
Every person who, otherwise than in the course of his Influencing duty, directly or indirectly by himself or by any other person ~~ ~~~~~~~ng in any manner whatsoever influences or attempts to Commission influence any decision of the Commission or any member thereof shall be guilty of an offence: Penalty, a fine of
$10,000 and imprisonment for 2 years.
Provided that nothing in this section shall prohibit any person from giving a certificate or testimonial to any appli-cant or candidate for any public office ot from supplying any
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information or assistance upon formal request made by the
Commission.
Every member, officer and servant of the Commis-Members,
·
h Ilb d d b bl.
·h. h officersand
StOll S a e eeme to e a pu
IC servant Wit Ill t e mean-servantsof
·
f th p
I C d theCommis-tng 0
e en a 0 e.
sion deemed public ser-vants under the Penal
Code
Cap. 22
A prosecution under this Act shall not be instituted consent of except by or with the consent of the Public Prosecutor.
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in the case of the Chairman, a salary pro-vided by the Legislature with the allowances and privileges specified in the Schedule hereto; and prosecutions
Remunera-tion
6
Charge of re-muneration
Provision against dupli-cate salary
Public Service Commission
in the case of each of the other members, a salary provided by the Legislature with the allo-wances and privileges specified in the Schedule hereto.
The salary of each member of the Commission shall-
be payable monthly on the last day of each month, or on such other day as the Minister re-sponsible for finance may from time to time deter-mine.
The salaries, allowances, privileges and other terms of office of members of the Commission shall not be altered to their disadvantage after their appointment.
The sum required for the remuneration payable under this Act shall be charged on the Consolidated Fund.
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A person to whom any salary is payable under this
Act or for whose salary as the holder of any other office provision is made by any other written law shall be entitled to receive only one such salary, but if he is the holder of two or more offices in respect of which salary is so payable in respect of those offices, the office in respect of which salary is payable to him shall be that in respect of which the highest salary is payable.
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Public Service Commission
CAP. 83 7
(section 10 (1) (a) and (b))
ALLOWANCES AND PRIVILEGES OF THE
MEMBERS OF THE PUBLIC SERVICE COMMISSION
1.
Allowances-
Fixed Conveyance Allowance-at such rate as may be fixed from time to time by the Minis-ter, and
Subsistence Allowance (for Members only)-
at such rate as may be fixed from time to time by the Minis-ter.
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2.
Privileges -
Quarters (for Chairman only)
Furnished quarters as for officers in Division I of the Public
Service shall, if available, be provided on the same terms and rates as those applicable to such officers.
Medical facilities -
The same facilities shall be provided as for officers in Divi-sion I of the Public Service.
Leave (for Chairman only) -
Two months' vacation leave in respect of each complete year of resident service with the Commission may be granted by
His Majesty.
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