Varia Ranah - Sorotan Ilmiah Perkhidmatan Awam

576 Varia Ranah: Sorotan Ilmiah Perkhidmatan Awam Another observation are these countries have merit protection systems, some form of financial control and governance included in the Act. Merit protection systems in place help civil servants to adhere to certain code of conducts, prohibitions, powers and duties and including retirement functions. MALAYSIAN LAW GOVERNING PUBLIC OFFICERS In Malaysia there are a number of laws governing Public Officers such as The Federal Constitution – Article 132(2), General Order – Chapter B, C, E, F and G, Public Officers (Appointment, Advance of Service and Advisory Service) 2012 and Public Officers (Conduct and Discipline) Regulations 1993. These laws are in place to ensure that one is lawful, holding, acting in or exercising the functions of a public officer including setting out a category of persons who do not comprise the public service. "Members of the administration in the Federation and State" are thus excluded. Interestingly, the Prime Minister and his ministers are not public officers. A point to ponder though. The constitutional provisions cited the definition of public service starts off with "For the purposes of this Constitution …". And it is quite clear that these provisions are to regulate the conduct of employees in these listed public services. So, for example, it is stated in the same article that every person who is a member of the services holds office at the pleasure of the Yang di-Pertuan Agong. There are also other provisions relating to the secondment of officers of the public service, and for the dismissal and reduction in rank of recalcitrant officers in the public service. All of these provisions certainly would not apply to ministers and a prime minister and judges. That is why they are excluded. The Prime Minister and his ministers are not public officers