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Promotion / Acting

Service Division

Terms and Definitions

 BIL

TERMS

DEFINITIONS

1.

Members

Member of the Promotion Board or Promotion Appeal Board in accordance with the enforced regulations for the relevant service.

2.

Group Post

A position created to accommodate the service needs of the officer concerned pending appropriate placement.

3.

Temporary Post

A position created to perform a specific task for a specified period in which the emolument provision is stipulated under the budget and is listed in the list of posts as a temporary position.

4.

Training Reserve Post

A position created to accommodate for the needs of the services by the officers who are on leave to attend courses/further studies for more than a year.

5.

Open Post

Permanent positions with grades that have been confirmed which may be filled by appropriate officers of any scheme and/or service and cannot be used for promotion.

6.

Seniority

The order of officer positions based on the date of appointment for officers in the appointed grade or the date of the last promotion for officers in the promotion grade in the same service scheme.

 

The officer will lose seniority due to the following factors:

a.    extension of probationary period with penalty;

b.    half-pay leave and unpaid leave except leave for studies approved by the relevant authorities; and/or

c.    an officer who has been appointed to a position in another service scheme but later returns to the previous service scheme.

7.

Promotion

A substantive upgrade from one grade to a higher grade in the same service and service scheme with the approval of the Promotion Board.

8.

Mistake of Fact

A mistake in the information concerning the service of an officer which in fact does not or still does not meet the conditions in force for him to be eligible for consideration for promotion while the board is considering the promotion of that officer.

9.

Head Of Department

An officer who heads a department or any officer delegated authority in writing by the Head of Department to act on his behalf.

10.

Head Of Service

An officer who heads a service or any officer determined by the Director-General of Public Services.

11.

The Board

The Promotion Board established under any relevant regulations.

12.

Public Service Promotion Board (PSPB)

Public Service Promotion Board established under Regulation 3 and includes an additional Promotion Board established under Regulation 11, [P.U.(A) 75 year 2010].

Committee members are selected based on the Schedule of Membership of Promotion in accordance with the Public Service Promotion Board Regulations, 2010 [P.U(A) 75 year 2010].

13.

Education Service Promotion Board (ESPB)

Educational Service Promotion Board established under Regulation 3, including an additional Promotion Board established pursuant to the powers conferred by Regulation 3, [P.U.(A) 24 year 2010].


Membership is based on the Schedule of Membership of Promotion in accordance with the Education Services Promotion Board Regulations, 2010 [P.U (A) 24 year 2010].

14.

Appeal Board

The Promotion Appeal Board established under any relevant regulations.

15.

Officer    

All categories of currently serving officers appointed by the Commission on a permanent, temporary      or permanent basis.

16.

Acting Post

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 in a ministry or department that is responsible for managing the affairs of acting appointment, promotion and promotion appeal.

18.

Department

A Ministry, Federal Department at the federal, provincial, state, or district level within the federation, abroad and any other entity in the Public Service as determined by the Director General of the Public Service.

19.

Promotion Secretariat

Officers           responsible for carrying out promotional affairs for a Ministry.

20.

Secretariat for PSPB/ESPB meeting

Officers responsible for managing PSPB/ESPB meetings.

21.

Papers for Consideration

Papers prepared by the Promotion Secretariat for the consideration of pre-PSPB/ESPB and PSPB/ESPB meetings.

22.

Acknowledgement Letter

Letter to inform the decision of PSPB/ESPB on the acting post/officer to the Head of Department.

23.

Notification      Letter

Letter to inform the decision by PSPB/ESPB on promotion in rank of officer. This letter is sent to the officer through the Head of Department.

Terms

General conditions of acting/promotion

  1. Confirmed in service;
  2. Achieve the specified performance level;
  3. Certified by the Head of Department/Head of Service;
  4. Free from disciplinary punishment;
  5. Declared assets;
  6. Passed the integrity vetting by the Malaysian Anti-Corruption Commission (MACC);
  7. Free from being listed as an adamant Education Loan Defaulter from educational loan institutions; and
  8. Other conditions set by the board.


Acting Posts
    

Permanent posts that can be filled for the purpose of acting are as follows:

  1. Positions created either through the Estimated Operating Expenditure/ Anggaran Belanja Mengurus (ABM) or warrant of employment;
  2. Posts that are essentially vacant because the officers has been promoted, permanently transferred, retired, passed away, resigned, been dismissed, been terminated, been appointed to another service scheme or transferred;
  3. Posts that are operationally vacant for more than six (6) months due to the officers is on secondment, temporary transfer, acting appointment, full pay leave, half-pay leave and no pay leave; and
  4. Posts for which the scheme of service does not stipulate vacancies such as the scheme of service for Research Officers and Higher Education Service Officers.

In addition to permanent posts, temporary posts can be filled for the purpose of acting appointments. Open posts, training reserve posts and group posts may not be used for the purpose of acting appointments.


Posts for Promotion

Permanent posts that can be filled for promotion purposes must meet the following criteria:

  1. Posts with a confirmed scheme of service;
  2. Posts created either through the Estimated Operating Expenditure (ABM) or warrant of employment;
  3. Posts that are essentially vacant because the incumbent has been promoted, permanently transferred, retired, passed away, resigned, been dismissed, been terminated, been appointed to another service scheme; and
  4. Posts with a service scheme that does not stipulate vacancies include the Research Officer Service Scheme and Higher Education Service Officer.

In addition to permanent posts that are essentially vacant, posts that are operationally vacant because the incumbent is on secondment, temporary transfer, acting appointment, full pay leave, half-pay leave and no pay leave cannot be filled for promotion purposes.

Temporary posts, open posts, group posts and training reserve posts cannot be used for promotion purposes.

Officers Eligible for Acting Appointments

Officers who have met the general requirements and are eligible to be considered for acting appointments include:

  1. Officer on secondment or temporary transfer;
  2. Officers on study leave with full pay, half pay or no pay;
  3. Officers that are accused but cannot be proven; and
  4. Officers that are in disciplinary proceedings. However, the officer's case should be notified to the Board.

 

Officers not Eligible for Acting Appointments

The following officers are not eligible to be considered for acting appointments:

  1. Does not meet the general requirements; or
  2. Has been subjected to disciplinary punishment.

 

Officers Eligible for Promotion

Officers who have met the general requirements are eligible to be considered for promotion include the following officers:

  1. Officer on secondment or temporary transfer;
  2. Officers on study leave with full pay, half pay or no pay;
  3. Officers that are accused but cannot be proven;
  4. Officers that are in disciplinary proceedings. However, the officer's case should be notified to the Board; and
  5. Officers who have served (if required by the board) include officers who have retired or died.

 

Officers not Eligible for Promotion

The following officers are not eligible for promotion:

  1. Officers that do not meet the general requirements;
  2. Officers that are not permanent appointment;
  3. Officers that are on acting appointment and subsequently retired in the public interest or in the interest of the public service; and
  4. Officers that have been subjected to disciplinary punishment.

 

Officers Subjected to Disciplinary Punishment

The ineligibility period to be considered for acting appointments is based on Section UP.3.1.6, Promotion Policy for Officers under Investigation and Have Been Subjected to Disciplinary Punishment, as follows:

 

No.

Types Of Punishment

Period Ineligible for Acting Appointments

a.     

Warning

12 months

b.     

Penalties

18 months

c.     

Emolument Forfeiture

24 months

d.     

Deferment of Salary Movement

30 months

e.     

Reduction in Salary

36 months

f.      

Demotion

48 months

 

The effective period of ineligibility to be considered for acting appointments is from the date the disciplinary sentence is imposed.

Related Policies / Circulars

Related Policies/Circulars

  1. Federal Constitution - Part X:
    • Article 132 - Public Services;
    • Article 139 - Public Service Commission; and
    • Article 144 - Functions of the Service Commission.
  2. Public Officers (Appointment, Promotion and Termination of Service) Regulations 2012 [P.U.(A) 1/2012];
  3. Public Service Promotion Board Regulations 2010 [P.U.(A)75/2010];
  4. Education Services Promotion Board Regulations 2010 [P.U.(A)24/2010];

 

Related Service Circulars:

  1. Section UP.3.1.7 – Time-Based Promotion Based on Excellence for Implementing Group Officers;
  2. Section UP.3.1.1 – Management Guidance on Acting and Promotion in the Public Service;
  3. Section UP.3.1.6 – Promotion Policy for Officers Under Investigation and Have Been Subjected to Disciplinary Punishment;
  4. Section UP.3.1.2 – Implementation Guidance on the Determination Method of Promotion Salary; and
  5. Service Circular No. 3 year 2006 - Guide to Creating Search Committee and the Process of Replacement Plan Implementation (Succession Planning).

    Related Service Circular Letters:

    1. Service Circular Letter No. 4 year 2009 – Impact on Service of Officers with Approved Full Pay Leave, Half-Pay Leave and No Pay Leave;
    2. Section UP.3.1.8 – Special Performance Evaluation Report Form for Public Service Officers; and
    3. Appendix UP.3.1.2 (A) – Salary Adjustment Method for Promotion With Acting Allowance.

     

    Related Distributed Letters:

    1. Section UP.3.1.5 – Implementation of Termination of Acting Appointment for an Officer in Acting that is Subject to Disciplinary Punishment;
    2. Section UP.3.1.4 – Minimum Period of Acting Before Promotion is Considered;
    3. Section UP.3.1.3 – Method for calculation of Acting Allowance According to the Implementation of the Minimum and Maximum Wage Schedule (JGMM) under the Malaysian Remuneration System;
    4. BK (S) 134/2/8 (9) dated February 17 2011 – Exemption from the Nationhood Course Requirement at Competency Level 1 (TK1) and Promotion Matters After the Abolition of the Competency Level Assessment (PTK);
    5. JPA (S)NP.134/8/1 Vol.23 (13) dated 18 October 2010 – Promotion Matters Especially for Incumbent (KUP) in Statutory Authorities And Local Authorities;
    6. JPA (S)NP.134/8/1 Vol.21 (55) dated 05 August 2010 – Placement Order and Performing Higher Post Duties without the Approval of the Promotion Board;
    7. JPA (S)NP.134/1 Klt.21 (42) dated June 15, 2010 – Exemption from Passing Requirement of the Competency Level Assessment (PTK) for Acting Research Officer Matters;
    8. JPA(S)K 256/6/27 Klt. 2 / s.k 2 (4) dated 03 July 2009 – Determination of Weighted Performance Scores for Public Service Acting/Promotion Matters; and
    9. JPA (S)NP.134/KLT.16/S.K (3) dated March 24, 2008 – Guide to Researcher Evaluation Criteria for Research Officers.

    Process Flow Chart

    Download

    Section UP.3.1.1 – Management of Acting and Promotion in the Public Service.