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COMMISSION

TYPES OF
COMMISSION

• There are 2 types of commission:

i. Permanent Commission
ii. Non-permanent Commission/ Special
Commission
Permanent Commission

A. Service Commissions
B. Election Commission (SPR)
C. Human Rights Commission of Malaysia
(SUHAKAM)
THE OBJECTIVES

• To have agencies that move freely and carry


out duties objectively, fairly and justly.
• To ensure the fairness be practiced in staffs
recruitment for Service Commissions.
• To convince both candidates and voters in
certain elections for Election Commission.
• To investigate sensitive matters with true
objective and fair operation for Special
Commissions.
A. SERVICE
COMMISSIONS
• There are 5 Service Commissions that
have been established by the
Constitution:
1. Public Service Commission (SPA)
2. Education Service Commission (SPP)
3. Judiciary and Law Service Commission (SPKP-
Suruhanjaya Perkhidmatan Kehakiman dan
Perundangan)
4. Police Service Commission aka PDRM
5. Armed Force Council (TUDM, TLDM, RMA)
1. PUBLIC SERVICE
COMMISSIONS

• Established through Article 139 Federal


Constitution.
• Members are appointed by YDPA after
discussing with Council of Rulers and on the
advice of Prime Minister.
• Can be divided into 3 categories:
i. Federal Public Service Commission
ii. State Public Service Commission
iii. Branch of Federal Public Service Commission
• The functions:
i. Responsible for the appointment in public
service
ii. Responsible to confirm positions in public
service
iii. Responsible for the permanent shift of its
staffs from one position to another position.
iv. Responsible to take discipline action
towards the staffs
2. EDUCATION SERVICE
COMMISSION

• Established in 1973 through Article 141A


Federal Constitution.
• Members are appointed by YDPA after
discussing with Council of Rulers and on the
advice of Prime Minister.
• Members are consisted of a Chairman, a Vice
Chairman, and between 4 to 8 other members.
2. EDUCATION SERVICE
COMMISSION

• Main functions:
i. Responsible for the appointment of teachers in
education service.
ii. Responsible for placing teachers known as
Education Service Officer into several
categories based on their qualifications and
specialties.
• Other functions are same with that of Public
Service Commission except the jurisdiction
covers only education field.
3.JUDICIARY AND LAW SERVICE
COMMISSION

• Established in 1957 which covers all law and


judiciary members.
• Members are appointed by the YDPA after
discussing with Chief Justice.
• The functions of this commission are same as
the functions of Public Service Commission
except its jurisdiction covers judiciary and law
only.
3.JUDICIARY AND LAW SERVICE
COMMISSION

• The members are consisted of:


i. Commission Chairman which is also the
Chairman of Public Service Commission.
ii. Attorney General (if he is a Parliament Member
or is not from Judiciary and Law Service
Commission - will be replaced by Prosecutor)
iii. A member or several other members that work
in jurisdiction and judiciary field or ex-judge.
iv. This commission secretary is also the
Secretary of Public Service Commission.
4. POLICE SERVICE
COMMISSION
• Has jurisdiction over all members of Malaysia
Royal Police Force.
• Members of commission:
i. A commission Chairman who at the same time is
Minister of Internal Security.
ii. Inspector General Police (IGP)
iii. Secretary General of Ministry of Home Affairs
iv. One of Public Service Commission members
appointed by YDPA
v. 2 to 6 other members appointed by YDPA.
4. POLICE SERVICE
COMMISSION

• The post of Inspector General Police and Deputy


Inspector General Police are appointed by the YDPA
after consultation with the Prime Minister.
• The functions and responsibilities:
i. Responsible for appointing, confirming and locating
staffs to permanent and pension scheme.
ii. Responsible for promoting, shifting and implementing
discipline control over police force members.
iii. Executes job scope organization and implementation
method.
iv. Provides negotiation platform with other people from
outside police force.
5. ARMED FORCE
COUNCIL

• Armed Force Council is part of Service


Commission.

• This Council is under the command of YDPA in


terms of command, discipline and administration
of all matters regarding armed force.
5. ARMED FORCE
COUNCIL

The members are:


i. A council Chairman cum Minister of Defence
ii. A member who represents YDPA appointed by Council of
Rulers
iii. Army Chief Commander appointed by the YDPA
iv. Secretary General of Ministry of Defence
v. 2 senior officers of Federal Armed Force appointed by
YDPA.
vi. A senior officer each from Federal Navy Force and
Federal Air Force appointed by the YDPA.
vii. 2 other members whether armies or public members
appointed by the YDPA.
2. ELECTION
COMMISSION

• The YDPA is responsible for appointing the


members of Election Members.
• Election Commission that is appointed must obtain
trust from the people.
• Members of Election Commission can continuously
hold their posts up to 65 years old.
• The dismissal of the members only can be done
through the same way with the dismissal of a
judge.
B. ELECTION
COMMISSION

• The members can be dismissed by the YDPA


based on following circumstances:
i. Declared as bankrupt
ii. Holding any position that pays salary
iii. Be a member of House of Representatives or the
Senate or State Legislative Assembly
iv. The Chairman of Election Commission can be
dismissed if he is found to be member of Board of
Directors whether receives pay or not.
B. ELECTION
COMMISSION
• The members are:
i. A Chairman
ii. A Deputy Chairman
iii. A Secretary
iv. A Deputy Secretary
v. A Chief Deputy Secretary
vi. 2 other members
B. ELECTION
COMMISSION
• The main functions of Election Commission:
i. To register voter’s name every year
ii. To recheck voters’ registration in all
constituencies
iii. To organize general and by-election
iv. To study Parliament and State constituencies in
every 8 to 10 years.
v. To draw up certain rules and regulations.
C. HUMAN RIGHTS
COMMISSION OF MALAYSIA

• Established in 1999 under Human Rights


Commission of Malaysia Act in order to inculcate
the awareness of human rights among people.

• The establishment began when Malaysia involved


actively in United Nations Commission for Human
Rights (UNCHR) in 1993-95.

• Malaysia has been appointed as member of


UNCHR in 1993.
C. HUMAN RIGHTS
COMMISSION OF MALAYSIA
(SUHAKAM)

SUHAKAM was established under the Human


Rights Commission of Malaysia Act 1999, Act
597. Section 2 of this Act defines "human
rights" as referring to the "fundamental
liberties as enshrined in Part II of the Federal
Constitution".
C. HUMAN RIGHTS
COMMISSION OF MALAYSIA
(SUHAKAM)

• The functions of SUHAKAM as set out in Section 4(1) are:

• to promote awareness of and provide education relating to


human rights;
• to advise and assist Government in formulating legislation
and procedures and recommend the necessary measures
to be taken;
• to recommend to the Government with regard to
subscription or accession of treaties and other international
instruments in the field of human rights;
• to inquire into complaints regarding infringements of human
rights.
OTHER PERMANENT
COMMISSIONS
• Malaysian Communication And Multimedia
Commission (MCMC)
• Energy Commission (EC)
• Security Commission (SC)
• National Water Service Commission (SPAN)
• Malaysia Anti Corruption Commission (SPRM)
• Companies Commission of Malaysia (SSM)
MCMC

VISION

• Towards a globally competitive, efficient


and increasingly self-regulating
communications and multimedia industry
generating growth to meet the economic
and social needs of Malaysia.
MCMC

MISSION
• Promoting access to communications and multimedia
services;
• Ensuring consumers enjoy choice and a satisfactory
level of services at affordable prices;
• Providing transparent regulatory processes to facilitate
fair competition and efficiency in the industry;
• Ensuring best use of spectrum and number resources
• Consulting regularly with consumers and service
providers and facilitating industry collaboration.
EC

• The Energy Commission of Malaysia is a


statutory body responsible for regulating the
energy sector particularly the electricity supply
and piped gas supply industries in Peninsular
Malaysia and Sabah. 

• The Energy Commission ensures that the supply


of electricity and piped gas to consumers is
secure, reliable, safe and at reasonable prices.
EC – Roles & Functions

• Economic Regulation - to promote efficiency and


economy in the generation, transmission, distribution,
supply and use of electricity and in the reticulation and
use of gas; promoting and safeguarding competition;
enabling fair and efficient market conduct or, in the
absence of a competitive market, to prevent the misuse
of monopoly or market power in the electricity and piped
gas industries.

• Technical Regulation - to ensure security, reliability and


quality in electricity and piped gas supplies.
.
EC – Roles & Functions

• Safety Regulation - to protect the public from dangers


arising from the generation, transmission, distribution
and supply and use of electricity and the supply and use
of piped gas.

• Consumer Protection - to protect consumers in areas


such as dispute resolution, affordability of services as
well as quality supply and services from electricity and
piped gas utilities.
SC

• To promote and maintain fair, efficient,


secure and transparent securities and
future markets and to facilitate the orderly
development of an innovative and
competitive capital market.
SC – Roles & Functions

• Established on 1 March 1993 under the Securities


Commission Act 1993, the SC is a self-funding statutory
body with investigative and enforcement powers. It
reports to the Minister of Finance and its accounts are
tabled in Parliament annually. The SC's many regulatory
functions include:
• Supervising exchanges, clearing houses and central
depositories;
• Registering authority for prospectuses of corporations
other than unlisted recreational clubs;
SC – Roles & Functions

• Approving authority for corporate bond issues;


• Regulating all matters relating to securities and futures
contracts;
• Regulating the take-over and mergers of companies
• Regulating all matters relating to unit trust schemes;
• Licensing and supervising all licensed persons;
• Encouraging self-regulation; and
• Ensuring proper conduct of market institutions and
licensed persons.
SPAN

The Commission shall have all the function


imposed on it under the water supply and
sewerage services laws and shall also have the
following functions:

1. To advise the Minister on all matters in relation to the


national policy objectives of the water supply and
sewerage services laws and to implement and promote
the national policy objectives;
SPAN

2. To implement and enforce the water supply and sewerage services


laws and to consider and recommend reforms to the water supply
and sewerage services laws;

3. To ensure the productivity of the water supply and sewerage


services industry and the monitoring of operator compliance with
stipulated services standards, contractual obligations and relevant
laws and guidelines;

4. To increase concerted efforts towards improving the operational


efficiency of the industry and in particular the reduction of non-
revenue water through short-term, medium-term and long-term
programmes;
SPAN

5. To advise the Minister on a fair and efficient mechanism for the


determination of tariffs that is fair to both consumers and licensees
and to implement tariffs that have been establish through
appropriate mechanism and tools;

6. To ensure the national development goals pertaining to coverage,


supply and access to water supply and sewerage services are
achieved;

7. To ensure long-term sustainability of quality of water and sewerage


services through continued capital works development;
SPAN

5. To formulate and implement a plan so that all reasonable demands


for sewerage services are satisfied and in consultation with the
relevant authorities, prepare a sewerage catchment plan
formulating the policy and general proposals in respect of the
development of any new sewerage system and measures for
improvement of any existing sewerage system;

6. To carry out any function conferred upon it under any other law;

7. To advise Minister generally on matters relating to water supply


services and sewerage services.
SPRM

A regional hub for anti–corruption capacity building


by enhancing the competence and professionalism
of anti-corruption practitioners from around the
world as well as Malaysian government officials.

• Function: to investigates and prosecutes


corruption in the public and private
sectors.
SSM

Functions:
• To ensure that the provisions of the Companies Commission of
Malaysia Act and laws are administered, enforced, given effect to,
carried out and complied with;

• To act as agent of the Government and provide services in


administering, collecting and enforcing payment of prescribed fees
or any other charges under the laws administered;

• To regulate matters relating to corporations, companies and


businesses in relation to laws administrated;
SSM

Functions:
• To encourage and promote proper conduct amongst directors,
secretaries, managers and other officers of a corporation, self-
regulated corporations, companies, businesses, industry groups
and professional bodies in the corporate sector in order to ensure
that all corporate and business activities are conducted in
accordance with established norms of good corporate governance;

• To carry out research and commission studies on any matter


relating to corporate and business activities;
SSM

Functions:
• To enhance and promote the supply of corporate information under
any of the laws administrated, and create and develop a facility
whereby any corporate information received by the Companies
Commission may be analysed and supplied to the public;

• To advise the Minister generally on matters relating to corporate and


business activities in relation to the laws administered; and

• To carry out all such activities and do all such things as are
necessary or advantageous and proper for the administration of the
Companies Commission or for such other purpose as may be
directed by the Minister.
THANK YOU
NON-PERMANENT/SPECIAL
COMMISSION

o Special Commission is a free body that is


established by the government, usually in
temporary form to study certain matters or
problems and give declarations to the
government for the solutions.

o The members are appointed by the YDPA.


NON-PERMANENT/SPECIAL
COMMISSION

o Among Special Commissions that have been


formed:
i. Harun’s Pay Commission 1972
ii. Royal Commission Regarding Pay and Service
Conditions for Local Authority and Corporation
Authority 1973
iii. Special Commission to Upgrade the Running and
Management of Malaysia Royal Police 2004

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