Thursday, 09 July 2020
17 Dhu al-Qi'dah 1441
  • Bahasa Melayu
  • English (United Kingdom)

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
This email address is being protected from spambots. You need JavaScript enabled to view it.

Noriza binti Kassim
03-88854284
This email address is being protected from spambots. You need JavaScript enabled to view it.

Zakwan bin Azahari
03-83242515
This email address is being protected from spambots. You need JavaScript enabled to view it.