Singapore legislation

Article 110D

of Constitution of the Republic of Singapore

Article 110D

Personnel boards

Amended byAct 32 of 2021 wef 14/01/2022Act 32 of 2021 wef 14/01/2022Act 32 of 2021 wef 14/01/2022Act 32 of 2021 wef 14/01/202212/200412/200412/2004Act 32 of 2021 wef 14/01/2022Act 31 of 2024 wef 09/12/2024Act 31 of 2024 wef 09/12/2024Act 32 of 2021 wef 14/01/2022Act 32 of 2021 wef 14/01/2022

Quoted provision

Clause 1

Amended byAct 32 of 2021 wef 14/01/2022

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 Commission under Article 110.

Quoted provision

Clause 2

Amended byAct 32 of 2021 wef 14/01/2022

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:

(a)

the power to dismiss and exercise disciplinary control over all public officers of any grade in Division I; and

(b)

all powers of the 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.

Quoted provision

Clause 3

Amended byAct 32 of 2021 wef 14/01/2022Act 32 of 2021 wef 14/01/2022

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 Commission, such power or function —

(a)

may be exercised by such personnel board notwithstanding anything in Articles 104(5) and 110(1); and

(b)

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).

Quoted provision

Clause 3A

Amended by12/2004

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.

Quoted provision

Clause 3B

Amended by12/2004

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.

Quoted provision

Clause 4

Amended by12/2004Act 32 of 2021 wef 14/01/2022

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 Commission, and the decision of the Commission shall be final.

Quoted provision

Clause 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.

Quoted provision

Clause 6

Amended byAct 31 of 2024 wef 09/12/2024Act 31 of 2024 wef 09/12/2024

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)

a Member of Parliament or a duly nominated candidate for election as such Member;

(b)

a member of any trade union or of any body or association affiliated to a trade union; (ba)a member of any platform work association or of any body or association affiliated to a platform work association; or

(c)

the holder of any office in any political association.

Quoted provision

Clause 7

Amended byAct 32 of 2021 wef 14/01/2022

The President may by regulations —

(a)

provide for matters relating to the appointment of members of personnel boards;

(b)

prescribe the procedure to be followed by the personnel boards in the exercise of their powers and functions;

(c)

prescribe the manner of appeals under clause (4); and

(d)

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 Commission.

Quoted provision

Clause 8

Amended byAct 32 of 2021 wef 14/01/2022

Nothing in this Article shall affect any direction or delegation issued before 1 October 1994 by the Commission under Article 116(3), and this Article shall not apply to any power or function of the Commission so long it forms the subject of any such direction or delegation.

Article 110D — Constitution of the Republic of Singapore