Reply To: Regulations OF Public Services Commission of Malaysia

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advtanmoy
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Series 1 – Public Services Codes of Conduct

Introduction

Disciplinary control is an important tool used to create an efficient management in executing all functions and responsibilities towards ensuring the respective departments’ goals and objectives are achieved.

Codes of Conduct and Disciplinary Regulations

Officers in the public services codes of conduct and discipline are regulated under the Public Officers (Conduct and Discipline) 1993. Such regulations include the following provisions:
Regulations pertaining to codes of conduct. Including specific prohibition and violations;
Responsibilities and duties in relation to disciplinary control and supervision;
Disciplinary procedures and codes of conduct;
Punishments imposed on breach of code of conduct;
Provisions on related miscellaneous matters.

Code Of Conducts
Code of conduct for public service officers as provided in Regulation 4, Public Officers (Conduct and Discipline) 1993 are as follows:

"4 (1) An officer shall at all times and on all occasions give his undivided loyalty and devotion to the Yang di-Pertuan Agong, the country and the Government.
(2) An officer shall not –

(a) subordinate his public to his private interests;
(b) conduct himself in such a manner as is likely to bring his private interest into conflict with his public duty;
(c) conduct himself in such a manner likely to cause a reasonable suspicion that

(i) he has allowed his private interests to come into conflict with his public duty so as to impair his usefulness as a public officer; or
(ii) he has used his public position for his personal advantage;
(d) conduct himself in such a manner as to bring the public service into disrepute or bring discredit to the public service;
(e) lack efficiency or industry;
(f) be dishonest or untrustworthy;
(g) be irresponsible;
(h) bring or attempt to bring any form of outside influence or pressure to support or advance any claim relating to or against the public service, whether the claim is his own claim or that of any other officer;
(i) be insubordinate or conduct himself in any manner which can be reasonably construed as being insubordinate; and
(j) be negligent in performing his duties.

"4A (1) An officer shall not object another person to sexual harassment, that is to say, an officer shall not –

(a) make any sexual advance, or any request for sexual favours, to another person; or
(b) do any act of a sexual nature in relation to another person, in circumstances in which a reasonable person, having regard to all the circumstances, would be offended, humiliated or intimidated.
(2) A reference in sub-regulation (1) to the doing of an act of a sexual nature to another person –

(a) includes the making of a statement of a sexual nature to, or in the presence of, that other person, whether the statement is made orally or in writing or in any other manner;
(b) is not limited to doing of such act at workplace or during working hours only as long as the doing of such act brings the public service into disrepute or bring discredit to the public service.”
Duty to comply with Regulations
An officer shall comply with the provisions of these Regulations and the breach of any provision of these Regulations shall render the officer liable to disciplinary action.
An officer shall be assumed to have committed a breach of discipline in the event it is found that such act or wrongdoing have breached or believed to have breached any Regulations pertaining to such code of conduct.

Aku Janji Letter
The failure of an officer to undertake and comply with the terms in the Aku Janji is a breach of the code of conduct.

Duty of Disciplinary Control
It is the duty of every officer to exercise disciplinary control and supervision over his subordinate and to take appropriate action as soon as possible. An officer shall be deemed to have been negligent in performing his duties and to be irresponsible should he fail to do so. He too shall be liable to disciplinary action.