Regulation 1
Citation
These Directions may be cited as the Public Service Commission (Delegation of Disciplinary Functions) Directions.
/akn/sg/act/sub_leg/1963/CONS-DIRN1
Public Service Commission (Delegation of Disciplinary Functions) Directions
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- Type
- Subsidiary Legislation
- Status
- In force
- Enacted
- 1963
- Sections
- 16
Quick answer
About this subsidiary legislation
Public Service Commission (Delegation of Disciplinary Functions) Directions is Singapore Subsidiary Legislation, cited as Subsidiary Legislation CONS-DIRN1 1963, currently marked in force and first recorded in 1963.
Part 1
PRELIMINARY
Regulation 2
Definitions
Amended byS 24/2023 wef 19/01/2023S 24/2023 wef 19/01/2023S 24/2023 wef 19/01/2023S 24/2023 wef 19/01/2023S 173/2021 wef 15/04/2021
In these Directions, unless the context otherwise requires —“Chairman” means the Chairman of the Commission;“Commission” means the Public Service Commission;“Deputy Chairman” means a Deputy Chairman of the Commission;“officer” means a public officer of substantive grade of or equivalent to Management Executive Grade 10 or below (whether the officer is holding a permanent, temporary or contract appointment), but excludes —
(a)
a public officer in the Administrative Service; and
(b)
a prison officer as defined by direction 2 of the Public Service Commission (Prison Officers) (Disciplinary Proceedings — Delegation of Functions) Directions (Dir 2);“Permanent Secretary” includes —
(a)
a Solicitor-General;
(b)
the Chief Executive, Attorney-General’s Chambers;
(c)
the Auditor-General;
(d)
the Clerk of Parliament;
(e)
the Secretary to the Public Service Commission;
(f)
the Chief Executive, Office of the Chief Justice;
(fa)[Deleted by S 698/2022 wef 27/08/2022](g)the Principal Private Secretary to the President;
(h)
the Secretary to the Prime Minister; (i)the Secretary to the Cabinet; and
(j)
a Head of a Diplomatic or a Consular Mission of the Republic of Singapore overseas.
Definition
“Chairman” means the Chairman of the Commission;
Amended byS 24/2023 wef 19/01/2023
Definition
“Deputy Chairman” means a Deputy Chairman of the Commission;
Amended byS 24/2023 wef 19/01/2023
Definition
“officer” means a public officer of substantive grade of or equivalent to Management Executive Grade 10 or below (whether the officer is holding a permanent, temporary or contract appointment), but excludes —
(a)
a public officer in the Administrative Service; and
(b)
a prison officer as defined by direction 2 of the Public Service Commission (Prison Officers) (Disciplinary Proceedings — Delegation of Functions) Directions (Dir 2);
Amended byS 24/2023 wef 19/01/2023
Definition
“Permanent Secretary” includes —
(a)
a Solicitor-General;
(b)
the Chief Executive, Attorney-General’s Chambers;
(c)
the Auditor-General;
(d)
the Clerk of Parliament;
(e)
the Secretary to the Public Service Commission;
(f)
the Chief Executive, Office of the Chief Justice;
(fa)[Deleted by S 698/2022 wef 27/08/2022](g)the Principal Private Secretary to the President;
(h)
the Secretary to the Prime Minister; (i)the Secretary to the Cabinet; and
(j)
a Head of a Diplomatic or a Consular Mission of the Republic of Singapore overseas.
Amended byS 24/2023 wef 19/01/2023S 173/2021 wef 15/04/2021
Regulation 1
Citation
These Directions may be cited as the Public Service Commission (Delegation of Disciplinary Functions) Directions.
Regulation 2
Definitions
Amended byS 24/2023 wef 19/01/2023S 24/2023 wef 19/01/2023S 24/2023 wef 19/01/2023S 24/2023 wef 19/01/2023S 173/2021 wef 15/04/2021
In these Directions, unless the context otherwise requires —“Chairman” means the Chairman of the Commission;“Commission” means the Public Service Commission;“Deputy Chairman” means a Deputy Chairman of the Commission;“officer” means a public officer of substantive grade of or equivalent to Management Executive Grade 10 or below (whether the officer is holding a permanent, temporary or contract appointment), but excludes —
(a)
a public officer in the Administrative Service; and
(b)
a prison officer as defined by direction 2 of the Public Service Commission (Prison Officers) (Disciplinary Proceedings — Delegation of Functions) Directions (Dir 2);“Permanent Secretary” includes —
(a)
a Solicitor-General;
(b)
the Chief Executive, Attorney-General’s Chambers;
(c)
the Auditor-General;
(d)
the Clerk of Parliament;
(e)
the Secretary to the Public Service Commission;
(f)
the Chief Executive, Office of the Chief Justice;
(fa)[Deleted by S 698/2022 wef 27/08/2022](g)the Principal Private Secretary to the President;
(h)
the Secretary to the Prime Minister; (i)the Secretary to the Cabinet; and
(j)
a Head of a Diplomatic or a Consular Mission of the Republic of Singapore overseas.
Definition
“Chairman” means the Chairman of the Commission;
Amended byS 24/2023 wef 19/01/2023
Definition
“Deputy Chairman” means a Deputy Chairman of the Commission;
Amended byS 24/2023 wef 19/01/2023
Definition
“officer” means a public officer of substantive grade of or equivalent to Management Executive Grade 10 or below (whether the officer is holding a permanent, temporary or contract appointment), but excludes —
(a)
a public officer in the Administrative Service; and
(b)
a prison officer as defined by direction 2 of the Public Service Commission (Prison Officers) (Disciplinary Proceedings — Delegation of Functions) Directions (Dir 2);
Amended byS 24/2023 wef 19/01/2023
Definition
“Permanent Secretary” includes —
(a)
a Solicitor-General;
(b)
the Chief Executive, Attorney-General’s Chambers;
(c)
the Auditor-General;
(d)
the Clerk of Parliament;
(e)
the Secretary to the Public Service Commission;
(f)
the Chief Executive, Office of the Chief Justice;
(fa)[Deleted by S 698/2022 wef 27/08/2022](g)the Principal Private Secretary to the President;
(h)
the Secretary to the Prime Minister; (i)the Secretary to the Cabinet; and
(j)
a Head of a Diplomatic or a Consular Mission of the Republic of Singapore overseas.
Amended byS 24/2023 wef 19/01/2023S 173/2021 wef 15/04/2021
Part 2
DELEGATION TO PERMANENT SECRETARIES
Regulation 3
Delegation to Permanent Secretaries
Amended byS 24/2023 wef 19/01/2023
Subregulation 1
The functions of the Commission in relation to the disciplinary control of an officer may be exercised by any Permanent Secretary to the Ministry, Organ of State or Mission in which the officer is serving.
Subregulation 2
Amended byS 24/2023 wef 19/01/2023
In exercising those functions, a Permanent Secretary must act in accordance with this Part.
Regulation 4
Procedure when complaint is lodged
Amended byS 687/2017 wef 01/12/2017
When a complaint is lodged against an officer alleging the commission by him of any misconduct referred to in the Schedule, the following procedure shall be adopted:
(a)
the complaint shall be communicated in writing to the officer who may be required to submit a written explanation within 24 hours or such further time as the Permanent Secretary may allow; and
(b)
where the Permanent Secretary is of the opinion that the complaint requires further investigation, he shall appoint to conduct the investigation a public officer —
(i)
of substantive grade equivalent to MX13 and above; and
(ii)
of a rank or grade senior to that of the officer under investigation.
Regulation 5
Penalties
Amended byS 24/2023 wef 19/01/2023S 24/2023 wef 19/01/2023S 687/2017 wef 01/12/2017S 497/2003 wef 01/11/2003S 24/2023 wef 19/01/2023
Subregulation 1
Amended byS 24/2023 wef 19/01/2023S 24/2023 wef 19/01/2023S 687/2017 wef 01/12/2017
The Permanent Secretary may upon a consideration of the written explanation of the officer or the results of such investigation, if any, if he is of the opinion that the officer is guilty of any misconduct, impose one of the following penalties:
(a)
a reprimand;
(b)
stoppage of increment;
(c)
a fine.
Subregulation 2
Amended byS 497/2003 wef 01/11/2003
The Permanent Secretary may, either in addition to or in lieu of the penalties specified in paragraph (1), issue the officer with a written warning.
Subregulation 3
Amended byS 24/2023 wef 19/01/2023
The Permanent Secretary must cause notice to be given to the officer of —
(a)
the Permanent Secretary’s decision to impose a penalty under direction 5(1);
(b)
the Permanent Secretary’s decision to issue a written warning under direction 5(2); or
(c)
the Permanent Secretary’s opinion that the officer is not guilty of misconduct,as the case may be.
Regulation 6
Commission may set aside Permanent Secretary’s decision, etc.
Amended byS 24/2023 wef 19/01/2023
Subregulation 1
Within 2 months after the officer is notified of the Permanent Secretary’s decision under direction 5, the Commission may —
(a)
set aside the whole or any part of the Permanent Secretary’s decision and substitute its own decision; or
(b)
set aside the whole of the Permanent Secretary’s decision and start proceedings under the Public Service (Disciplinary Proceedings) Regulations 2023 (G.N. No. S 23/2023) against the officer.
Subregulation 2
However, the Commission must not enhance any penalty under paragraph (1)(a) unless the officer has been given a reasonable opportunity of being heard.
Subregulation 3
Amended byS 24/2023 wef 19/01/2023
In this direction and direction 7, “decision under direction 5” means —
(a)
a decision to impose a penalty under direction 5(1);
(b)
a decision to issue a written warning under direction 5(2); or
(c)
an opinion that the officer is not guilty of misconduct.
Regulation 7
Report by Permanent Secretary
Amended byS 24/2023 wef 19/01/2023
Subregulation 1
For the purposes of direction 6, the Permanent Secretary must submit a report to the Commission containing —
(a)
a summary of the facts; and (b)the Permanent Secretary’s decision under direction 5.
Subregulation 2
Amended byS 24/2023 wef 19/01/2023
The report must be submitted within 7 days after the officer is notified of the Permanent Secretary’s decision under direction 5.
Regulation 8
Recommendation for more severe penalty
Where the Permanent Secretary considers that a more severe penalty than that provided for under these Directions should be imposed, he shall submit a recommendation to the Commission, forwarding with it a report containing a summary of the facts of the case.
Part 3
DELEGATION TO CHAIRMAN AND DEPUTY CHAIRMEN OF COMMISSION
Regulation 8A
Functions under Public Service (Disciplinary Proceedings) Regulations 2023
Subregulation 1
The functions of the Commission under the Public Service (Disciplinary Proceedings) Regulations 2023 may be exercised by —
(a)
the Chairman; or
(b)
in a case where the Chairman is unable to act for any reason — a Deputy Chairman.
Subregulation 2
However, paragraph (1) does not enable the Chairman or a Deputy Chairman to —
(a)
exercise the function in regulation 17(3) (appointments to Panel of Union Officials) of those Regulations; or (b)in proceedings under those Regulations, decide whether there are grounds for imposing any punishment or to impose any punishment.
Regulation 8B
Functions under direction 6
Amended byS 24/2023 wef 19/01/2023
The functions of the Commission under direction 6 may be exercised by —
(a)
the Chairman; or
(b)
in a case where the Chairman is unable to act for any reason — a Deputy Chairman.
Part 4
MISCELLANEOUS
Regulation 8C
Commission may exercise delegated functions
Amended byS 24/2023 wef 19/01/2023
The Commission may still exercise any function delegated by these Directions.
Regulation 9
Saving
Nothing in these Directions shall be deemed to prevent the prosecution of an officer in accordance with the provisions of any written law for the time being in force, or to prevent any disciplinary action being taken against him under any other disciplinary regulations as may be in force, except that the officer shall not be punished twice in respect of the same facts giving rise to the misconduct.
Common questions
- What is Public Service Commission (Delegation of Disciplinary Functions) Directions?
- Public Service Commission (Delegation of Disciplinary Functions) Directions is Singapore Subsidiary Legislation, cited as Subsidiary Legislation CONS-DIRN1 1963, currently marked in force and first recorded in 1963.
- Is Public Service Commission (Delegation of Disciplinary Functions) Directions still in force?
- Yes — Public Service Commission (Delegation of Disciplinary Functions) Directions is currently in force.
- When did Public Service Commission (Delegation of Disciplinary Functions) Directions take effect?
- Public Service Commission (Delegation of Disciplinary Functions) Directions was first recorded in 1963.
- How many regulations does Public Service Commission (Delegation of Disciplinary Functions) Directions have?
- Public Service Commission (Delegation of Disciplinary Functions) Directions contains 14 regulations.
- Where can I read the official version of Public Service Commission (Delegation of Disciplinary Functions) Directions?
- The official text of Public Service Commission (Delegation of Disciplinary Functions) Directions is published at sso.agc.gov.sg.