Singapore legislation
Section 110D
Section 110D
Personnel boards
(1)
Subject to the provisions of this Article, the President may, on the advice of the Prime Minister and by order published in the Gazette, establish one or more personnel boards to exercise all or any of the powers and functions of the Public Service Commission under Article 110.
(2)
The order under clause (1) shall specify the powers and functions to be exercised by a personnel board and the class or classes of public officers in respect of which those powers and functions may be exercised except the following:
the power to dismiss and exercise disciplinary control over all public officers of any grade in Division I; and
all powers of the Public Service Commission in relation to public officers in the Administrative Service and Administrative Service (Foreign Service Branch) who hold appointments of and above the significant grade (as defined in Article 111A(1)) in those Services, including the power to nominate officers for appointment or promotion to that grade,and any power of appointment specified in the order as to be exercised by a personnel board shall not include a power to dismiss any person so appointed.
(3)
Where the President has by order established a personnel board under clause (1) for the purpose of exercising any of the powers or functions of the Public Service Commission, such power or function —
may be exercised by such personnel board notwithstanding anything in Article 110(1) and (4); and
shall, so long as it remains a power or function to be exercised by the board pursuant to such order, cease to be exercisable by that Commission except to the extent permitted under clause (4).
(3A)
Any personnel board may, in writing and subject to such conditions as it thinks fit, delegate all or any of the powers or functions exercisable by the board under this Article (except this power of delegation) to any member of the personnel board, and that member shall exercise those powers or functions in accordance with the terms of the delegation; but no such delegation shall prevent the exercise of any such power or function by the personnel board.
(3B)
Any act or thing done by a delegate of a personnel board while acting in the exercise of a delegation under clause (3A) shall have the same force and effect as if the act or thing had been done by the personnel board and shall be deemed to have been done by the personnel board.
(4)
Subject to regulations made under clause (7), any person aggrieved by any decision of any personnel board or its delegate may, within such time and in such manner as may be prescribed, appeal to the Public Service Commission, and the decision of the Commission shall be final.
(5)
Subject to clause (6), a personnel board which is established to exercise any power over officers in Division I shall consist of such persons as the President may, on the advice of the Prime Minister, appoint except that the President may, acting in his discretion, refuse to make any such appointment if he does not concur with the advice of the Prime Minister.
(6)
A person shall not be appointed to be a member of a personnel board if he is, and shall cease to be a member if he becomes —
a Member of Parliament or a duly nominated candidate for election as such Member;
a member of any trade union or of any body or association affiliated to a trade union; or
the holder of any office in any political association.
(7)
The President may by regulations —
provide for matters relating to the appointment of members of personnel boards;
prescribe the procedure to be followed by the personnel boards in the exercise of their powers and functions;
prescribe the manner of appeals under clause (4); and
modify the application of clause (4) by providing that appeals under that clause shall be made first to such person or persons as may be appointed by the President but without prejudice to the right to appeal thereafter to the Public Service Commission.
(8)
Nothing in this Article shall affect any direction or delegation issued before 1 October 1994 by the Public Service Commission under Article 116(3), and this Article shall not apply to any power or function of these Commissions so long it forms the subject of any such direction or delegation.