Monday, 20 May 2024
12 Dhu al-Qi'dah 1445
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Announcement

 
 

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Activity @ JPA

Service Matters

New format for Laporan Asas Kenaikan Pangkat (LANP) JUSA officers acting on Top Management for the purpose of promotion.

Downloadable:

  1. Distribution Letter
  2. Borang Perakuan Ketua Jabatan : Kenaikan Pangkat Pegawai Jawatan Gred Utama Sektor Awam
  3. Borang Pemeriksaan Kesihatan JUSA

 

TERMS AND INTERPRETATION

Public Officers (Appointment, Promotion and Termination of Service) Regulations 2012 [P.U.(A) 1/2012]

Rule 4 – Interpretation


Appointments to a public service under the jurisdiction of the Commission shall apply to all permanent and temporary officers including a first time appointed officer and appointment of an officer currently in service under any service scheme.
 

Appointment according to Service Schemes

Regulation 5(1),
Public Officers (Appointment, Promotion and Termination of Service) Regulations 2012 [P.U.(A) 1/2012] - The procedures specified in these Regulations for making appointments to a public service under the jurisdiction of a Commission shall apply and come into operation to all permanent and temporary appointments .

Appointment of citizens only

Regulation 6 (1)
Public Officers (Appointment, Promotion and Termination of Service) Regulations 2012 [P.U. (A) 1/2012] All candidates for appointments to the public service must be citizens of Malaysia.
.

Health examination, statutory declaration and Letter of Undertaking

Regulation 20(1)
Public Officers (Appointment, Promotion and Termination of Service) Regulations 2012 [P.U.(A) 1/2012] – Every candidate who is to be appointed to the public service shall comply with the following conditions for appointment :
  1. the candidate shall be examined and certified to be fit to serve by a registered medical practitioner; and
  2. the candidate shall make a statutory declaration under the Statutory Declaration Act 1960; and
  3. every candidate shall sign the Letter of Undertaking
Regulation 21
Public Officers (Appointment, Promotion and Termination of Service) Regulations 2012 [P.U.(A) 1/2012] – An officer who is appointed for the first time or an officer who is appointed to another scheme of service is required to pass the security vetting as prescribed if it is so stipulated in any laws in force.
 

  1. Public Officers (Appointment, Promotion and Termination of Service)Regulations 2012 [P.U(A)1/2012]
  2. Service schemes issued from time to time
  3. Service Circular No. 1 of 2013 - Pemeriksaan Kesihatan Bagi Maksud Pelantikan Ke Dalam Perkhidmatan Awam
  4. Service Circular No. 6 of 2011 (PP 6/2011) - Pindaan Pelaksanaan Tapisan Keselamatan Bagi Pegawai Yang Dilantik Dalam Perkhidmatan Awam
 

  1. En. Ahmad Rafeein bin Mohamad
    Tel: 03-88854761
    E-mail :This email address is being protected from spambots. You need JavaScript enabled to view it.
  2. Encik Syamsul Nizam Mohd Razali
    Tel: 03-88854602
    E-mail : This email address is being protected from spambots. You need JavaScript enabled to view it.
 

TERMS AND INTERPRETATION

P.U(A)1/2012
Public Officers (Appointment, Promotion and Termination of Service) Regulations

Part I – Service Circular No. 2 of 2008

A temporary or contract basis appointment of a candidate or an officer to serve the Public Agency regulated under this Service Circular for a certain period based on the terms of service as agreed in the Contract Agreement between the candidate or the officer with the Appointing Authorities.
 

Part II − Service Circular No. 2 of 2008
 

  1. Public Officers (Appointment, Promotion and Termination of Service) Regulations 2012 [P.U.(A) 1/2012]; Service schemes issued from time to time;
  2. Distribution Letter 2013 - Pindaan Kuasa Menimbang Bagi Pelantikan Secara Kontrak Pesara Dan Pesara Pilihan Ke Dalam Kumpulan Pengurusan Tertinggi.
  3. Service Circular Letter No. 1 of 2011 – Penurunan Kuasa Melulus Kelonggaran Syarat Had Umur Maksimum Bagi Pelantikan Secara Kontrak di IPTA.
  4. Service Circular Letter No. 1 of 2010 – Pelantikan Secara Kontrak Bagi Pesara Sebagai Ketua Pengarah/ Ketua Hakim Syarie, Hakim Mahkamah Rayuan Syariah dan Ketua Hakim Syarie Negeri-Negeri.
  5. Service Circular Letter No. 17 of 2008 – Pemberian Wang Tunai Sebahagian Gantian Bagi Cuti Rehat Ganjaran Kontrak (Gantian Cuti Rehat) SPP17/2008.
  6. Service Circular Letter No. 14 of 2008 – Pelanjutan Had Umur Maksimum Pelantikan Secara Kontrak Bagi Pegawai Warganegara (Bukan Pesara) dan Bukan Warganegara.
  7. Service Circular Letter No. 3 of 2008 – Penurunan Kuasa Menimbang Pelantikan Secara Kontrak Oleh Institusi Pengajian Tinggi Awam; Service Circular No. 2 of 2008;
  8. Service Circular Letter No. 6 of 2007 – Penurunan Kuasa Pelantikan Secara Kontrak Pesara Kerajaan Sebagai Pensyarah di IPTA.
 

Part IV – Service Circular No. 2 of 2008

Checklist
Service Circular No. 2 of 2008
 
Service Circular No. 2 of 2008

Enclosure D - Borang Perakuan Pelantikan Pegawai Kontrak
Enclosure E - Format Kertas Pertimbangan
Enclosure F – Format Perakuan Pelantikan
Enclosure G – Syarat-Syarat Pelantikan Secara Kontrak
Enclosure H – Borang Perakuan Pelantikan Semula Pegawai Kontrak
Enclosure I – Contoh Borang Perjanjian Pegawai Kontrak

 
 

TERMS AND INTERPRETATION

Public Officers (Appointment, Promotion and Termination of Service) Regulations 2012 [P.U. (A) 1/2012]

Regulation 4 − Interpretation


Secondment means the appointment of an officer under −

  1. the armed forces;
  2. the judicial and legal service;
  3. the general public service of the Federation;
  4. the police force;
  5. the education service pursuant to Clause (1) of Article 132 of the Federal Constitution to the public service of states, statutory authorities, local authorities, organisation in or outside Malaysia, for a specific amount of time without severing the ties of the officer with his substantive service, including the appointment of an officer under the joint services mentioned in Article 133 of the Federal Constitution to the service of a statutory authority, local authority or organisation in or outside Malaysia.

 

Temporary transfer means an appointment of an officer to another service under :

  1. the armed forces;
  2. the judicial and legal service;
  3. the general public service of the Federation;
  4. the police force; or
  5. the education service, pursuant to Clause (1) of Article 132 of the Federal Constitution or the appointment of an officer to a post in another scheme of service under the same appointing authority for a specific period of time without severing the ties of the officer with his substantive service.

 

Permanent transfer means the permanent appointment of a serving officer on secondment or temporary transfer to the post held by him at the agency where he is seconded or temporarily transferred to.


Paragraph 5, Service Circular Letter No. 2 of 2012:
Certified officer to be appointed in temporary transfer shall meet the following conditions:
  1. permanent appointment and has been confirmed in service;
  2. fulfil the general conditions to be considered for appointment;
  3. achieved the prescribed performance level at 80% and above on latest Annual Performance Appraisal Report (LNPT);
  4. competence in accordance to the field of duties, in line with the aspiration to obtain services from officer who are experienced, skilled and appropriate to the needs of the agency; and
  5. officer from the Managerial and Professional group when being seconded to a higher grade must be in service for at least five (5) years in the substantive grade except:
    1. possess academic qualifications of Doctor of Philosophy, not more than two (2) years; or
    2. possess academic qualification of Master’s degree, not more than three (3) years.


  1. Public Officers (Appointment, Promotion and Termination of Service) Regulations 2012 [P.U.(A)1/2012];
  2. Scheme of service issued from time to time;
  3. Service Circular No. 2 of 2008 – Dasar dan Prosedur Pelantikan Secara Peminjaman, Pertukaran Sementaran dan Pertukaran Tetap;
  4. Service Circular Letter No 2 of 2012 – Dasar Baru Pelantikan Secara Peminjaman, Pertukaran Sementara dan Pertukaran Tetap;
  5. Distribution Letter of 2013 - Kuasa Menimbang Pelantikan Secara Pertukaran Sementara Dan Peminjaman Pegawai Awam Persekutuan.
Article available only in Malay.
 
Service Circular No. 12 of 2008
    1. Lampiran I - Contoh Syarat Pertukaran Sementara Pegawai Perkhidmatan Awam Persekutuan ke Kementerian / Jabatan Persekutuan
    2. LampiranJ - Contoh Syarat Peminjaman Pegawai Perkhidmatan Awam Persekutuan ke Perkhidmatan Awam Negeri atau sebaliknya
    3. Lampiran K - Contoh Syarat Peminjaman Pegawai Perkhidmatan Awam Persekutuan ke Pihak Berkuasa Berkanun dan Pihak Berkuasa Tempatan atau sebaliknya
    4. Lampiran L - Perakuan Peminjaman / Pertukaran Sementara (Diisi oleh Agensi Peminjam)
    5. Lampiran L1 - Perakuan Peminjaman / Pertukaran Sementara (Diisi oleh Agensi Pembekal)
    6. Lampiran M - Kertas untuk pertimbangan Ketua Setiausaha / Ketua Perkhidmatan
    7. Lampiran N - Contoh Surat Permohonan Pelepasan Bagi Urusan Peminjaman / Pertukaran Sementara kepada Pihak Berkuasa Melantik
    8. Lampiran O - Perakuan Pelanjutan Tempoh Peminjaman / Pertukaran Sementara
    9. Lampiran P - Kaedah Pelarasan Gaji Bagi Pegawai Yang Tempoh Pertukaran Sementaranya Masih Berkuat Kuasa Semasa Pekeliling Perkhidmatan Baru Berkuat Kuasa
    10. Lampiran Q - Borang Pengesahan Tarikh Melaporkan Diri Bertugas
    11. Lampiran R – Contoh Syarat Peminjaman Kepada Agensi Swasta dan Antarabangsa
    12. Lampiran T – Contoh Surat Pelepasan Bagi Urusan Pertukaran Tetap
    13. Lampiran U – Perakuan Pertukaran Tetap

Service Circular No. 2 of 2012
Lampiran N – Contoh Syarat Pertukaran Tetap ke Jawatan Yang Disandang Secara Peminjaman / Pertukaran Sementara

 
 

Term and Definition

 

TERM

DEFINITION

1.

Member

Member of the Promotion Board or Promotion Appeal Board in accordance with the regulations in force for the appropriate service;

2.

Pool Post

Post created to meet the needs of the appropriate service of the officer while waiting for a suitable posting;

3.

Temporary Post

Post created to perform a specific duty for a specific period where the provision of emolument is stipulated under the Estimated Operating Budget and listed in the establishment list as a temporary post;

4.

Training Reserved Post

Post created to meet the needs of the service of the officer on leave for attending courses or study for more than a year;

5.

Open Post

Determined permanent post and grade fillable by suitable officers from any scheme and / or service and cannot be used for the purpose of promotion;

6.

Seniority

The seniority of an officer is determined by the following criteria:

The position arrangement of the officer according to the date the officer was appointed to an appointment grade or the date of the officer’s last promotion on a promotional grade in the same scheme of service;
An officer will lose his seniority because of the following factors:

  1. extension of probation period with penalty;
  2. half-pay leave and unpaid leave except for study leave approved by the appropriate authority; and / or
  3. an officer who was appointed to a post in another scheme of service but later reverts to his previous scheme of service.

7.

Promotion

The substantive upgrading from one grade to a higher grade within the same service and scheme of service with the approval of the Promotion Board;

8.

Mistake of Fact

An information error relating to the service of an officer, where in actual fact the officer does not fulfil or has not yet fulfilled conditions for the time being in force for him to be eligible to be considered for promotion when the Board considers promotion for such officer;

9.

Head of Department

An officer who is heading a department or any officer who is delegated with the powers by the Head of Department in writing to act on his behalf.

10.

Head of Service

An officer who is heading a service or any officer determined by the Director General of Public Service to be a Head of Service.

11.

The Board

The Promotion Board established under any relevant regulation;

12.

Public Services Promotion Boards (PSPB)

The Public Services Promotion Boards established under Regulation 3, inclusive of an additional Promotion Board established under Regulation 11 3, [P.U.(A) 75 of 2010].
The membership is based on the Schedule of Membership of the Promotion in accordance with the Public Services Promotion Board Regulations 2010 [P.U. (A) 75 of 2010].

13.

Education Service Promotion Board (ESPB)

The Education Service Promotion Board established under Regulation 3, inclusive of an additional Promotion Board established in accordance with the powers conferred by Regulation 3, [P.U. (A) 24 of 2010].
The membership is based on the Schedule of Membership of the Promotion in accordance with the Education Service Promotion Board Regulations 2010 [P.U. (A) 24 of 2010].

14.

Appeal Board

The Promotion Appeal Board established under any relevant regulation;

15.

Officer

All categories of serving officers appointed by the Commission on permanent, temporary and contract basis.

16.

Acting

Performing the duties on a full-time basis of another post which is of higher grade than the officer’s substantive grade in the same scheme of service and service with the approval of the Promotion Board;

17.

Secretariat

Any division, branch, section or unit of a ministry or department responsible in managing acting, promotion and promotion appeal exercise.

18.

Department

A ministry, federal department at federal, regional, state or district level in the federation, abroad and any other entity in the public service as determined by the Director General of Public Service;

19.

Promotion Secretariat

An officer responsible for conducting the promotion exercise for a ministry;

20.

PSPB / ESPB Meeting Secretariat

An officer responsible for managing the PSPB / ESPB meeting;

21.

Papers for Consideration

The papers prepared by the Promotion Secretariat for consideration at the pre-PSPB / ESPB meeting and PSPB / ESPB meeting;

22.

Advisory Letter

A letter to the head of department to give notification of the decision of PSPB / ESPB, on who should be given the acting position / promotion;

23.

Transmittal Letter

A letter to give notification of the decision of PSPB / ESPB on an officer’s promotion. This letter is sent to the officer through the Head of Department.

 

General conditions for Acting / Promotion
  1. confirmed in service;
  2. achieved the prescribed performance level;
  3. certified by the Head of Department / Head of Service;
  4. free from disciplinary punishment;
  5. declared THE declaration of property;
  6. passed the integrity vetting by the Malaysian Anti-Corruption Commission (MACC);
  7. free from being listed as persistent study loan defaulter by study loan institutions; and
  8. other conditions prescribed by the board.
 
Acting Post

A permanent post can be filled for the purpose of acting as follows:

  1. post created through either the Estimated Operating Budget or establishment warrant;
  2. substantively vacant post because the incumbent has been promoted, permanently transferred, retired, passed away, resigned, been dismissed, terminated, appointed to another scheme of service or transferred;
  3. operationally vacant post for more than six (6) months because the incumbent is on secondment, temporarily transferred, in an acting appointment, on full pay leave, half pay leave and no pay leave; and
  4. post of which the scheme of service does not stipulate vacancy such as the Research Officer and Higher Education Service Officer scheme of service.
Other than a permanent post, a temporary post can be filled for the purpose of an acting appointment. Open posts, training reserved posts and pool posts cannot be used for the purpose of an acting appointment.

 
Post for Promotion

A permanent post that can be filled for the purpose of promotion shall fulfil the following criteria:

  1. a post of which its scheme of service is determined;
  2. a post created through either the Estimated Operating Budget or establishment warrant;
  3. substantively vacant post because the incumbent has been promoted, permanently transferred, retired, passed away, resigned, been dismissed, terminated, appointed to another scheme of service or transferred; and
  4. post of which the scheme of service does not stipulate vacancy such as the Research Officer and Higher Education Service Officer scheme of service.
Other than a permanent post that is substantively vacant, the post that is operationally vacant because the incumbent is seconded, on temporary transfer, in an acting appointment, on full pay leave, half pay leave and unpaid leave, cannot be filled for the purpose of promotion.

Temporary, open, pool and training reserved posts also cannot be used for the purpose of promotion.

 
Officers Qualified to be Considered for Acting Appointment

Officers who fulfil the general conditions and qualify to be considered for an acting appointment, include the following:

  1. officers are on secondment or temporary transfer;
  2. officers who are on study leave whether full pay, half pay or unpaid;
  3. officers who are facing an unproven accusation; and
  4. officers who are undergoing a disciplinary proceeding. However, the board shall be notified of the case.
 
Officers Not Qualified to be Considered for Acting Appointment

The following officers do not qualify to be considered for an acting appointment:

  1. who have not fulfilled the general conditions; or
  2. who have been imposed with disciplinary punishment.
 
Officers Qualified to be Considered for Promotion

Officers who fulfil the general conditions and qualify to be considered for promotion, include the following:

  1. officers are on secondment or temporary transfer;
  2. officers who are on study leave whether full pay, half pay or unpaid;
  3. officers who are facing an unproven accusation;
  4. officers who are undergoing a disciplinary proceeding. However, the Board shall be notified of the case; and
  5. officers who have been on an acting appointment (if stipulated by the board) including officers who have retired or passed away.
 
Officers Not Qualified to be Considered for Promotion

The following officers do not qualify to be considered for an acting appointment :

  1. officers who have not fulfilled the general conditions;
  2. officers who are not on a permanent appointment;
  3. officers who are on an acting appointment and later forced to retire in the interest of the public or in the interest of the public service; and
  4. officers who have been imposed with disciplinary punishment.
 
Officers on Whom Disciplinary Punishment was Imposed

The period when an officer cannot be considered for an acting appointment is in accordance with Service Circular no. 3 of 2009, Promotion Policy For Officer Being Investigated and Imposed Disciplinary Punishment, as follows:

No.

Type of Punishment

Period Not To Be Considered For Acting

(a)

Warning

12 months

(b)

Fine

18 months

(c)

Forfeiture of Emolument

24 months

(d)

Deferment of Salary Movement

30 months

(e)

Reduction of Salary

36 months

(f)

Reduction in Rank

48 months


The enforcement period of non-eligibility for an acting appointment starts from the date the disciplinary punishment is imposed.
 

Federal Constitution – Part X:
  1. Article 132 – Public Services;
  2. Article 139 – Public Services Commission; and
  3. Article 144 – Functions of Service Commissions.
Public Officers (Appointment, Promotion and Termination of Service) Regulations 2012 [P.U.(A). 1/2012].

Public Services Promotion Board Regulations 2010 [P.U.(A)75/2010].

Education Service Promotion Board Regulations 2010 [P.U.(A)24/2010].

Relevant Service Circulars:

Service Circular no. 10 of 2017 – Kenaikan Pangkat Secara Time-Based Berasaskan Kecemerlangan Bagi Pegawai Kumpulan Pelaksana

Service Circular no. 7 of 2010 – Guide for Acting and Promotion Management in the Public Services;

Service Circular no. 3 of 2009 – Promotion Policy for Officer Who Is Pending Investigation and Has Been Imposed Disciplinary Punishment;

Service Circular no. 14 of 2007 – Methods of Initial Salary Determination and Promotion Salary Adjustment; and

Service Circular no. 3 of 2006 – Guide to Establishing a Search Committee and Implementation Process of Succession Planning.

Relevant Service Circular Letters:

Service Circular Letter no. 4 of 2009 – Effect on the Service of Officers Approved for Full Pay Leave, Half Pay Leave and Unpaid Leave;

Service Circular Letter no. 3 of 2009 – Special Performance Assessment Report for Public Service Officer; and

Service Circular Letter no. 9 of 2008 – Method of Adjustment of Promotion Salary with Acting Allowance.

Relevant Distribution Letters:

JPA.BK(S)134/2/8 Jld 4(3) dated 3 September 2013 – Implementation of Acting Termination for Officer Imposed with Disciplinary Punishment While Acting

JPA.BK(S)134/4/8-3 Jld 2(71) dated 19 August 2013 – Minimum Acting Period Before Consideration For Promotion

JPA.BK(S) 134/2/8 Jld. 2(7) dated 10 May 2012 - Method of Acting Allowance Calculation Following the Implementation of the Minimum Maximum Salary Schedule under the Malaysian Remuneration System.

JPA.BK(S) 134/2/8 (9) dated 17 February 2011 – Exemption for the Nationhood Course Condition at Competency Level 1 and Promotion Exercise After the Abolition of the Competency Level Assessment.

JPA(S)NP.134/8/1 Jld.23 (13) dated 18 October 2010 – Promotion Exercise By Way of Personal to Holder at Statutory Bodies and Local Authorities;

JPA(S)NP.134/8/1 Jld.21 (55) dated 05 August 2010 – Posting Order and Performing Duties of a Higher Post Without the Approval of the Promotion Board

JPA(S)NP.134/1 Klt.21 (42) dated 15 June 2010 – Exemption for the Passing of Competency Level Assessment Condition for Acting Research Officer Exercise;

JPA(S)K 256/6/27 Klt. 2/s.k 2(4) dated 03 July 2009 – Determination of Performance Marks Weight for Public Service Acting / Promotion Exercise; and

JPA(S)NP.134/KLT.16/S.K(3) dated 24 March 2008 – Guide for Researcher Assessment Criteria of a Research Officer.
 

Promotion Flow Chart
Chart available only in Malays

 


Mohd Asri bin Mohamed Ali
03-88854113
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Noriza binti Kassim
03-88854284
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Zakwan bin Azahari
03-83242515
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