PART IX. PUBLIC SERVICE
70. Tenure of office in public service
Save as otherwise provided in this Constitution, every person holding office in the public service of the Government shall hold office during His Majesty the Sultan and Yang Di-Pertuan’s pleasure.
71. Public Service Commission
- There shall be a Public Service Commission which shall consist of a Chairman and such number of members, including a Deputy Chairman, as His Majesty the Sultan and Yang Di-Pertuan may appoint.
- Subject to Clause (3), every person who is appointed to be a member of the Public Service Commission shall, unless he earlier resigns his office or is removed therefrom, hold office for a period of 3 years from the date of his appointment and shall be eligible for re-appointment.
- All members of the Public Service Commission, including the Chairman and Deputy Chairman, if any, shall hold office during His Majesty the Sultan and Yang Di-Pertuan’s pleasure.
- His Majesty the Sultan and Yang Di-Pertuan may grant leave of absence from his duties to any member of the Public Service Commission, and may appoint a person to be a temporary member for the period of such leave.
- The procedure of the Public Service Commission shall, subject to any regulations made under Article 75, be as determined by the Commission.
- For the purposes of the Penal Code (Chapter 22), a member of the Public Service Commission shall be deemed to be a public servant.
72. Secretary to Public Service Commission
There shall be a Secretary to the Public Service Commission who shall be appointed by His Majesty the Sultan and Yang Di-Pertuan, and who shall hold office during His Majesty the Sultan and Yang Di-Pertuan’s pleasure.
73. Salaries of members of Public Service Commission
Every person appointed to be a member of the Public Service Commission shall be paid such salary or allowances, or both, as may be determined by His Majesty the Sultan and Yang Di-Pertuan; and all such salaries and allowances shall be a charge on the Consolidated Fund.
74. Appointments in public service
- The power to appoint, transfer, promote, dismiss or exercise disciplinary control over public officers is hereby vested in His Majesty the Sultan and Yang Di-Pertuan.
- In exercise of the power conferred upon him by Clause (1), His Majesty the Sultan and Yang Di-Pertuan shall, unless the regulations under Article 75 otherwise provide, consult and act in accordance with the recommendation of the Public Service Commission.
- Nothing in this Article shall affect the provisions of any written law relating to members of the Royal Brunei Armed Forces, the Royal Brunei Police Force or the Prison Service of Brunei Darussalam.
75. Regulations
His Majesty the Sultan and Yang Di-Pertuan may make regulations to provide for—
- the exercise by the Public Service Commission of any of its functions; or
- the exercise by the Public Service Commission or by any person, subject to such conditions as may be prescribed, of any of the powers vested in His Majesty the Sultan and Yang Di-Pertuan by Article 74 and may further provide that any such person shall be free from the restriction imposed by Clause (2) of Article 74.
76. His Majesty to require oaths
His Majesty the Sultan and Yang Di-Pertuan may, whenever he thinks fit, require any person in the public service of Brunei Darussalam to take or make before him or such person as he may appoint, an oath or declaration of allegiance in the form set out as Form VI in the First Schedule.
