Page:Agreement relating to Malaysia (1963).djvu/98

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(8) In respect of members of the public service who are employed in posts ancillary to the police force, or in respect of any grade of members of the public service who are so employed, functions of the Commission may, under clause (6) or (7), be made exercisable by an officer or board of officers of the police force as if he or they were a public officer or board of public officers.
(9) No person shall be appointed under this Article to or to act in any office on the personal staff of the Yang di-Pertua Negara with out the concurrence of the Yang di-Pertua Negara acting in his discretion ; and the offices which are to constitute the personal staff of the Yang di-Pertua Negara for the purposes of this clause shall be such offices in the public Service as the Yang di-Pertua Negara, after consultation with the Chief Minister, may by order prescribe.
(10) The Commission shall make an annual report on the discharge of its functions to the Yang di-Pertua Negara, who shall cause copies of the report to be laid before the Legislative Assembly.

Procedure of Commission.

38. (1) At any meeting of the Commission three members, who shall include the Chairman or Deputy Chairman, shall form a quorum.
(2) Subject to clause (1), the Commission may act notwithstanding any vacancy in its membership, and any proceeding of the Commission shall be valid notwithstanding that some person not entitled to do so took part therein.
(3) The Commission may, subject to the provisions of this Constitution, regulate its procedure and make rules for that purpose, and, with the consent of the Yang di-Pertua Negara, may, in connection with the discharge of its functions, confer powers and impose duties on any public officer or any authority of the Government of the State.

Impartial treatment of State employees.

39. All persons of whatever race in the same grade of the service of the State shall, subject to the terms and conditions of their employment, be treated impartially.

Regulations regarding the public service.

40. Subject to the provisions of any State law, the Yang di-Pertua Negara may make regulations for all or any of the following matters, that is to say—
(a) the division of offices in the public service into Divisions and Services ;
(b) the prescribing of Schemes regulating the recruitment, service and promotion of public officers ;
(c) the conduct and discipline of the public service.


PART V
GENERAL PROVISIONS


Safeguarding position of Natives.

41. (1) It shall be the responsibility of the Yang di-Pertua Negara to safeguard the special position of the Natives and the legitimate interests position Of of other communities in accordance with the provisions of this Article.
(2) The Yang di-Pertua Negara shall exercise his functions under this Constitution and under State law in such manner as may be