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Saturday, 13 June 2015

CHAPTER 9: GOVERNMENT ADMINISTRATIVE AND PLANNING MACHINERY

All Federal Government policies are implemented through the various Ministries and Departments. They are the main instruments for giving effect to Government policy after Parliament has passed the necessary legislation.
As we have seen Malaysia has a Federal form of government with a bicameral legislature, residual legislative power resting with the states. The Malaysian Parliament consists of the Yang di Pertuan Agong and the Houses of Parliament (Majlis), known as the Senate (Dewan Negara) and the House of Parliament (Dewan Rakyat). The term of office of members of the Senate is 6 years and is not affected by the dissolution of Parliament. The maximum term in the House of Representatives is 5 years. Bills have to be passed by both Houses and assented to by the Yang di Pertuan Agong. A bill may originate in either House, with the exception of a money bill which may not be introduced in the Senate. A money bill which has been passed by the House of Representatives and which the Senate fails to pass without amendment within a month, is presented to the Yang di Pertuan Agong for his assent unless the House of Representatives directs otherwise. The Senate has the power to hold up for one year a bill which is not a money bill and which has been passsed by the House of Representatives.
The Malaysian Constitution can only be altered by two-thirds majority in each of the two Houses of Parliament.

Each state has its own constitution, which must be compatible with the constitution of Malaysia. The constitution of all the states are similar. In the East Malaysian states there are certain differences in nomenclature, and these are also mentioned in the articles of those states.
In each of the states there is a Head of State. In 9 of the States of Peninsular Malaysia (the 9 which were originally in the Federated and Unfederated States) the Head of State is a Malay Ruler. The Malay Rulers are either chosen or succeed to their position in accordance with the custom of the particular State. In other states, the Head of State is appointed by the Yang di Pertuan Agong acting on the discretion but after consultation with the Chief Minister of the State. In Sabah and Sarawak the Heads of State are, known as Yang di Pertuan Negeri. They hold office for 4 years.
The executive authority in a state is vested in the Head of the State but he is advised by an Executive Council (Cabinet in Sabah and Supreme Council in Sarawak) in the exercise of his functions. The Executive Council is headed by a Chief Minister
Menteri Besar) who is a member of the State Legislative Assembly and who is likely to command the confidence of the majority of the Members of that Assembly. The Head of State is required to act in accordance with the advice of the Executive Council (or Cabinet or Supreme Council) except in certain matters. These exceptions include the appointment of the Chief Minister and the witholding of consent to a request for dissolution of the Legislative Assembly. A Malay Ruler may also act other­wise than in accordance with the advice of the Executive Council in matters which fall within his purview as Head of the Muslim Religion or relate to the customs of the Malays.
The Legislature of the State consists of the Head of Stale and one House known as the Legislative Assembly (in Sarawak the Council Negeri). The Legislative Assembly (Dewan Negeri) consists of a Speaker, elected members and members nominated by the Head of State. The maximum life of assembly is 5 years.

RELATIONS BETWEEN THE FEDERAL GOVERNMENT AND THE STATES
The division of legislative powers between the Central Government and tin: States is set out in a Federal List, a State List and a Concurrent List. Any matter not enumerated in any of the Lists falls to the States. The main subjects in the Federal List are external affairs, defence, internal security, civil and criminal law, citizenship, finance, commerce and industry, shipping, communication, education, health and labour. The most important general state subject is land. Some matters such as religion, language, immigration and citizenship are subject to special constitutional safeguards in their application to Sabah and Sarawak. The Malaysian Parliament may make laws with respect to any matter in the State List for the purpose of promoting uniformity of the laws of two or more states, and may legislate on any state subject if so requested by the Legislative Assembly at the State.

AT LOCAL LEVEL
Each of the 13 States of Malaysia has its own State Government to handle state affairs. In Peninsular Malaysia each state is divided into districts each under a District Officer. Each district is divided into Mukims (daerah in Kelantan), each under a chief called a Penghulu (Penggawa in Kelantan). Each village in the mukim has a headman called Ketua. Sarawak is divided into Divisions and Sabah into Residencies.
Under the Federal Constitution Local Government is a state matter, with the exception of the Federal Capital which is responsible to the Federal Government through the Minister responsible for Local Government. In accordance with a decision taken by the Government to restructure Local Authorities under Local Government Act, 1976, State Governments have restructured their Local Authorities to make them more financially viable units.
The Municipality of Kuala Lumpur attained City Status on February 1, 1972. On February 1, 1974, Kuala Lumpur became the Federal Territory responsible to the Minister in charge of Local Government.

MINISTRY OF LOCAL GOVERNMENT AND FEDERAL TERRITORY RESPONSIBILITIES
The Ministry of Local Government and Federal Territory is responsible for the following Departments and quasi-Government bodies:
1.Local Government
2.City Council
3.Civil Defence Department
4.Printing Department
5.National Archives
6.National Library
7.Fire Services
8.Town and Country Planning Department

Aims
(i)to equip urban and Local Council areas with facilities through minor develop­ment schemes for improvement of conditions in these areas;
(ii)to achieve uniformity of policy and co-ordination of laws pertaining to Local Government for the development and progress of Local Authorities;
(iii)to co-ordinate all activities and projects carried out in the Federal Territory especially those undertaken by Dewan Bandaraya (City Hall) Kuala Lumpur;
(iv)to act as coordinating agency especially in respect of matters and activities of various Departments in the Federal Territory;
(v)to upgrade the Fire Services especially in respect of fire prevention;
(vi)to organise, manage and maintain archives and national (Government) records and records of individuals and business personalities which will help Government officers and the public doing research and to provide assistance and advice to Government Departments on a systematic and economical method of record management;
(vii)to manage, develop and provide a complete collection of reference materials on Malaysia and its society and other materials consistent with the country's requirements; to receive all materials published in Malaysia and compile and publish a national bibliography; and to provide library services;
(viii)to organise and train volunteers for requirements in time of peace and war in order to minimise loss of property and lives resulting from natural disasters and enemy attacks;
(ix)to direct planning policy through technical advice and guidance to Federal and State Governments and quasi-Government bodies; and to co-ordinate and assist projects in the fields of town planning and soil-use;
(x)to improve general services in respect of publication service to Federal and State Governments and Statutory Bodies and to enable this service to become a medium for the dissemination of Government policies and laws to the public.

LOCAL GOVERNMENT
The main functions of the office of the Director General for Local Government are:
(i)to advise the Minister on policy formulation in all matters relating to Local Government and on the effective execution of policies laid down by the Minister and the National Council for Local Government;
(ii)to maintain close liaison with State Governments and to advise and offer guid­ance on all Local Government matters;
(iii)to advise and assist State Governments in the promotion, development and restructuring of local authorities under the Local Government Act 1976;
(iv)to assist in the modernisation of the Local Government System in respect of laws, management and administration through seminars, workshops, discussions and conferences held from time to time.
The Director General's Office is also responsible for the drafting, in consultation with Attorney General's Chambers, of all local government laws, by laws and amend­ments thereto. Contributions in aid of rates on Federal and State Government property in Local Authority areas are the responsibility of this Department. This Department also processes and co-ordinates development projects for inclusion in the Malaysian Development Plans either for direct financing or for loans financing.
City and Municipal Councils
The Municipal Councils represent the most highly developed system of local government in Malaysia. They are financially autonomous local authorities with membership (except Kuala Lumpur) either elected or appointed. These Councils are more independent in character and therefore do not depend on the State or Federal Governments like the other local authorities in the country. They recruit their staff, plan and under­take their activities within the framework of their income or revenue, subject only to control of the Federal Government in terms of legislation and national policies and State Governments in the approval of the Annual Budgets, staff establishment lists and by-laws. They seek Federal Government grants to finance major development projects.
The activities include public health, public works, town planning, public housing, public utilities, civic, cultural, sports and recreational facilities and, in the case of the Pulau Pinang Municipal Council, the provision of public transport.
Georgetown, Pulau Pinang, was granted the status of City Council on January 1, 1957. The City Council of Georgetown was administered by a Council of 15 With a Mayor elected from amongst the Councillors until July 1, 1966 when its adminis­tration was taken over by the Chief Minister. With effect from July 1,1974, the City Council was merged with the Rural District Council of Pulau Pinang in a restructuring exercise under the provisions of the Local Government (Temporary Provisions) Act, 1973. Since then, the local government administration has been run by a Board of Management comprising 24 members and a chairman, all appointed by the State Authority. The incumbent councillors ceased to hold office with effect from July 1, 1974. On January 1, 1977 the,status was changed under Local Government Act, 1976, to that of Pulau Pinang Municipal Council. Since then it has been run by 24 appointed Councillors and a President who is a public servant.
The Melaka Municipality became a fully elected Council on May 27, 1961 and was administered by a Council of 12 with a President elected from amongst the Councillors until its administration was taken over by the Chief Minister with effect from September 21, 1966. As from January 1, 1977 the Council was restructured under the Local Government Act, 1976. Its area of jurisdiction was extended from 4.2 sq. miles to 103 sq. miles covering the whole of Melaka Tengah District and is now known as Melaka Tengah Municipal Council.
The former Town Council of Ipoh was granted the status of Municipality on May 31, 1962 and was administered by a Council of 18 with a President elected from
amongst the Councillors. On July 1, 1975, the Municipal Council was restructured under the provisions of the Local Government (Temporary Provisions) Act, 1973 and a Board of Management was appointed comprising 22 members and a chairman. Four Local Councils, which existed within the former Municipality area but were outside its administration, were integrated with the restructured Municipality. Following the restructuring the incumbent Councillors ceased to hold office but were re-appointed by the State Authority to the Board of Management along with other new members.
On February 1, 1972 Kuala Lumpur was conferred the status of a city with a City Council administered by a Mayor appointed by the Yang di-Pertuan Agong. The Mayor was assisted by an Advisory Board consisting of four Senior Government Officers and three unofficial members appointed by His Majesty. On February 1, 1974 the Kuala Lumpur City Council limits were extended to cover an area of 94 square miles. It is now administered by a Commissioner who has been given the title of a Mayor (Datuk Bandar). He is assisted by an Advisory Board consisting of the Commissioner as Chairman, one official member, two persons appointed as members by the State Government of Selangor and eight other members appointed by the Minister responsible for Local Government. With effect from February 1, 1974 the Kuala Lumpur City Area was declared a Federal Territory.
In 1977, one new Municipal Council was formed under The Local Government (Temporary Provisions) Act, 1973 i.e. Johor Baharu Municipal Council and three were formed under the Local Government Act, 1976 i.e. the Seberang Perai Municipal Council, Petaling Jaya Municipal Council and Kelang Municipal Council.
Johor Baharu Municipal Council was formed on April 1, 1977. Its jurisdiction extends to 45 sq. miles and is run by a Board of Management comprising 24 appointed members and a chairman. Johor Baharu Municipal Council is a merger of Johor Baharu Town Board, Kangkar Local Council and Pandan Local Council.
Seberang Perai Municipal Council was formed on December 16, 1976 under the Local Government Act, 1976. It is a merger of three Local Authorities namely the District Council North, South and Central Province Wellesley. The present Municipal Council is run by 24 appointed Councillors and a President who is also a public officer.
Kelang Municipal Council was formed under the Local Government Act, 1976 on January 1, 1977 when its status was upgraded from a District Council to that of a Municipality. The present Municipal Council's area of jurisdiction is 23.5 sq. miles and the Council is run by -24 appointed Councillors.
The Petaling Jaya Municipal Council was created on January 1, 1977 when the Selangor State Government adopted the Local Government Act, 1976. The Council has an administrative area of 22.5 sq. miles.
Town Boards and Town Councils
Medium sized towns in the Peninsular were administered by Town Boards until 1950 when some were superseded by Town Councils.
When a Town Board is granted a constitution under the Local Government Elections Act, 1960, and at least a majority of its members are elected, it is styled a Town Council. At this stage, it remains a department of the State Government and does not become a financially independent body until it is granted financial autonomous status by the State Government.
Rural District Councils
Rural District Councils are found only in the State of Melaka, and form part of the local government administration. They were formerly called Rural District Boards. The Administration of Rural District Councils in Melaka was taken over by the State Government from March 1, 1972.
Local Councils
Local Councils in Peninsular Malaysia wore created as the result of the emergency when new villages which were created required local administration. They exist in towns and villages but vary considerably in size, depending on the size of the population. They have wholly elected chairmen and are financially autonomous. District officers have advisory duties but have power to disallow the Councils' budget and by-laws.
Local Councils operate simple forms of rating, but receive a considerable measure of grants-in-aid. They carry out simple local government functions, mainly in the fields of public health, development of communications and water supply and rely almost entirely on Government Departments for technical services and assistance.
District Council
The District Council in Peninsular Malaysia was created under the first restructuring exercise i.e. under the Local Government (Temporary Provisions) Act, 1973 when a few local authorities within one District were Integrated to form a District Council under the temporary act. The area of jurisdiction of the District Council does not go beyond the boundary of the former local authorities which were integrated. The District Council is being managed by an appointed Board of Management and a chairman. Under the act there were nine District Councils In Selangor, five in Kedah, three in Perak and twelve in Johor.
The Electoral System
The Local Authorities Elections Ordinance of 19!>0 was a turning point in the progress of local government in Peninsular Malaysia
In the case of Municipal Councils, it is laid down that the total number of elected councillors should exceed those nominated, excluding the President.
In the case of the Town Boards and the Rural District Councils, the Ordinance merely enables the State Authority to require that all, or a majority, of the members of the Board should be elected instead of appointed or nominated; where such an order was made, the Board concerned thereafter became a Town Council.
In 1960 a new system was introduced under the Local Government Elections Act whereby the life of a local authority other than a Local Council was fixed at three years, all members (whether elected or nominated) retiring simultaneously. The first elections under this new system were held in 1961.
In 1961 the Local Government Elections (Amendment) Act was passed whereby the provisions of the 1960 Act were extended to apply to Local Councils as well.
Until 1960 the organisation of elections in the Municipalities, Town Councils and Boards and the Rural District Councils was the responsibility of the State Authorities. The 1960 Act transferred this duty to the Election Commission.
As a result of Confrontation in 1963 all Local Council elections were suspended.
Appointment of Councillors under Local Government Act 1976
All Councillors serving in Local Authorities which have been restructured under the Local Government Act, 1976 (Act 171) are now appointed by the State Government under Section 10 of the Act. The number of councillors in each restructured local authority should be not less than 8 and not more than 24 excluding the Mayor (for City Countil) or the President (for District and Municipal Council).
Relationship with the Federal and State Governments
The legislative and executive power in local government matters lies with the State Governments. The Federal Government's power is limited to legislation for the purpose of ensuring uniformity of law and policy and the giving of technical assistance and advice on education and publicity.
National Council for Local Government
The amendment of the Constitution in 1960 provided for the establishment of a National Council for Local Government, with a Minister as Chairman, and one representative from each of the States and not more than ten representatives of the Federal Government. Its purpose is to formulate a national policy from time to time for the promotion, development and control of local government throughout Malaysia and for the administration of any relevant laws. i3oth Federal and State Governments are bound to implement any policy so formulated (Sabah and Sarawak are not required to follow such policy). It is also a forum in which projected local authority legislation is examined, and it is the duty of the Council to advise on any matter put to it by any of the State Governments.
Consultative Committee of Municipal Corporations
The Consultative Committee of Municipal Corporations is a loose association and its membership consists of three representatives from each Municipal Council.
The aim of this committee is to provide a forum where members would be able to exchange views on matters of common interest, to advise the Minister in charge of Local Government on all legislation pertaining to and/or affecting Municipal Corproations, and to bring up to the Minister problems faced by Municipalities and any other matters concerning such Municipalities and to recommend to the Minister ways and means of resolving such problems.
Restructuring of Local Authorities
Under the Local Government (Temporary Provisions) Act, 1973 a few local authorities have been restructured.
In 1976 the Local Government Act, 1976 was passed. The office of Director General is actively advising and assisting States to restructure their local authorities under this Act. The States of Pulau Pinang and Selangor which first restructured their Local Government Act, 1976.
The aim of the restructuring exercise is for the restructured local authorities to adopt not only the Local Government Act, 1976 but also the other Acts related to Local Government i.e. Town and Country Planning Act, 1976 and Street, Drainage and Building Act, 1974.
The Local Government Act, 1976 envisages the establishment of only two types of local authorities in future, namely, Municipal Councils for urban areas and District Councils for rural areas. All Local Authorities established under the provisions of the Act will be financially autonomous and all the members and the chairmen will be appointed by the State Authority.

CITY OF KUALA LUMPUR
Kuala Lumpur, the Federal Capital of Malaysia, comprises an area of 94 square miles. From a small mining post founded in 1857, it expanded and in 1880 became the capital of the State of Selangor. In 1895 when Perak, Selangor, Negeri Sembilan and Pahang merged to form the Federated Malay States, Kuala Lumpur was selected as the capital. It was also the capital of the Federation of Malaya in 1948. Its status as capital of the nation remained unchanged with Merdeka in 1957 and later the formation of Malaysia 1963. The population is estimated at 800,000.
Administration
Under the Federal Capital Act, 1960, the administrative control of Kuala Lumpur was transferred from the Selangor Government to the Federal Government. The Act came into force on April 1, 1961, when the Municipal Council was dissolved and Municipal affairs were administered by the Commissioner of the Federal Capital of Kuala Lumpur.
The City of Kuala Lumpur Act, 1971 conferred the status of a city on Kuala Lumpur with effect from February 1, 1972.
The Datuk Bandar (Mayor) is the head of the City Administration and is assisted by an Advisory Board consisting of official and unofficial members. The Datuk Bandar is subject to the direction of the Minister of Local Government and Federal Territory.
The Federal Territory was established by an amendment to the Federal Constitution — vide the Constitution (Amendment) (No. 2) Act, 1973 which took effect from February 1, 1974. The City limits have been extended from 36 square miles to 94 square miles to give the city its special position as the National Capital of Malaysia, reflecting the interests and identity of the whole nation.
The Advisory Board comprises the Chairman, Datuk Bandar of Kuala Lumpur, the Secretary-General to the Ministry of Local Government and Federal Territory and ten Unofficial Members.

TOWN AND COUNTRY PLANNING
The Federal and State Governments are jointly responsible for all Town and Country Planning in Peninsular Malaysia.
Functions
The Department of Town and Country Planning is responsible for the overall direction of planning policy with technical advice and assistance to the Federal/State Govern­ments.
Its functions include the following:
(i)advice to the Minister of Local Government and Federal Territory, Government Departments and statutory bodies with regard to planning at national level;
(ii)preparation of national planning legislation and organisation of the planning service;
(iii)assistance in the preparation of State and Regional plans;
(iv)planning advice to the National Development Committee and other central agencies in conjunction with National Development;
(v)assistance in co-ordination of Federal Ministries and Departmental projects in the field of urban and land-use planning;
(vi)assistance in the preparation of regional settlement pattern plans;
(vii)planning service to the Ministry of National and Rural Development for opening up land development schemes in rural areas, and the preparation of plans of new townships;
(viii)assistance in the development of Universiti Kebangsaan (National University) and Universiti Pertanian (Agricultural University);
(ix)research and publication of studies;
(x)assistance in landscape design, civic design and traffic studies for major town centres in support of urban planning.
Regional Planning
In 1977 the Regional Planning Division carried out the following:
(i)Regional study and development of Johor Barat;
(ii)Feasibility study on the planning and development of Negeri Sembilan;
(iii)Planning service to Trengganu Tengah Development Authority;
(iv)Regional and implementation study in Johor Selatan;
(v)Extension of planning service on Johor Tenggara and on the regional study of Melaka; and
(vi)Monitored regional and development study on Kedah and Perlis.
Urban Planning
The main function of this division is to assist the State and Local Governments in the development of towns in Peninsular Malaysia.
This division completed a report on "Implementation of the New Economic Policy in urban areas, Vols. I & II" Planning briefs for the city of Kuala Lumpur and nine towns were completed.
Rural Planning
In 1977, this division prepared 9 town plans for the Federal Land Devleopment Authority.
Apart from rendering planning service and advice to the Federal Land Development Authority and other local authorities dealing with rural planning, this division reviews and assesses the effectiveness of planning that had been carried out, especially in regard to social services.
Special Planning Unit (Pahang Tenggara)
By 1977, the bulk of the Pahang Tenggara New Town Master Planning Program had been completed and detailed development plans prepared to permit implementation of 10 of the 36 proposed New Towns of the Region.
Detailed site plans were prepared to enable Government Agencies to develop their facilities and services in the earlier towns. A change in land allocation policy In FELDA also created the need for layout plan amendments in the FELDA towns in the region.
A further master plan was also completed for Town 2 and preliminary studies weir carried out to enable master plan preparation for another 4 towns.
Research and Training
About 150 sub-professional officers received training during 1977.
This division completed the following reports:
(i)Squatter settlement in Kampong Pandan.
(ii)An Explanatory brief on the Town and Country Planning Act, 1976.
(iii)"Town Planning — in Brief".
This division also analysed data on the Physical Socio-economic Study of Fishermen's villages in Kuala Kedah, Kuala Perlis and Tanjung Dawai.
State Departments
The functions of State Departments include planning of land use and control of development in accordance with State and National policies; preparation of structure plans for new and existing towns and village and detailed layouts for housing estate development; and advising and assisting in the planning and development of State projects such as industrial estates, low cost housing schemes and general housing projects, development of tourism within the state, planning of open space and National Parks, land reclamation and development of transport and generally areas for urban development.

PUBLIC SERVICES DEPARTMENT (PSD)
The PSD is the central personnel agency of the Government and is responsible for the formulation and implementation of all personnel policies relating to the management of employees in the Public Sector agencies. These policies relate to the terms and working conditions of Government employees, their career development such as transfers, postings, promotion and training, discipline, superannuation and other fringe benefits, and other matters relating to employee welfare. It is also responsible for salary administration and "establishment matters" namely, the creation, evaluation and classification of posts for the public sector agencies and the determination of tho scheme of service, i.e. the qualifications and other requirements relating to tho recruitment and promotion of employees in their respective cadres. It is NOT responsible for the actual process of recruitment as this is purely the responsibility of the Public Services Commission (PSC).
The PSD comprises a number of divisions and they perform various specialised functions:
1.Service Division. It is responsible for the overall management, recruitment, placement, promotion and discipline of Government officers within the "Common User Services". These comprise the Administrative and Diplomatic Service, the General Administrative Service, the Executive Service, the General Clerical Service and other categories of personnel.
The Division formulates and supervises the implementation of public service personal policies governing appointments, promotions, discipline, secondment, and termination of service for the public sector. It is also responsible for administering a number of compulsory government examinations for various categories of staff at various levels. It is responsible for the management of the Central Staff Records, established in the middle of 1977, to centralise data on all Government employees.
2.Pensions Division. This Division is responsible for the administration of laws governing the award of pensions, gratuities and retiring allowances including widows' and orphans' pensions, workmen's compensation and other superannuation benefits to which mambers of the Public Services, the Judiciary, the services commissions and Members of Parliament are entitled. The Division also provides advisory service on policy matters affecting superannuation benefits to members of the Armed Forces.
3.Training and Career Development Division. This Division controls and sponsors training programmes in the civil service to ensure a sufficient supply of skilled and semi-skilled manpower for Government departments.
4.Establishment Division. It is responsible for the following functions:
(i)staffing requirements and control of establishment matters by way of deter­mining types, grades and number of posts required within the Government Service;
(ii)inspection of organisations, systems and procedures of Government agencies to ensure their effectiveness with a view to increasing efficiency within the Government machinery;
(iii)formulation and review of schemes of service and examination syllabi, deter­mination of terms of absorption and contract for appointment to the Govern­ment Service;
(iv)evolution and recognition of qualifications for appointment to Government Service.
5.Pay and Allowance Division: It is responsible for the formulation and implement­ation of principles affecting wages and allowances for employees in the public sector including Statutory Bodies, Local Authorities, Army and the Police. The Division ensures that the principles concerning pay are formulated and implemented uniformly and fairly.
6.Consultation Division. This Division comprises two units: Unit A carries out consultation regarding anomalies submitted by the Public Services staff and Unit B carries out consultation regarding anomalies submitted by the staff and associations from the Statutory Bodies, Local Authorities and Education Service.
From the above discussion it is obvious that the PSD is the nerve centre of the civil service. It is responsible for all establishment and service matters subject only to overall approval by the Treasury in matters which have financial implications. Together with the Treasury, which is responsible for financial control, the PSC which is responsible for recruitment and the Development Administrative Unit of the Prime
Minister's Department, which is responsible for research, the PSD controls the size and well being of the entire Civil Service.

PUBLIC SERVICES COMMISSION
With the exception of the High Court Judges and the daily rated employees, all appointments and promotions in the civil service are made by the PSC. The Commission is divided into 4 divisions: (i) General Administration and Finance, (ii) Recruitment, (iii) Service, and (iv) Promotion and Discipline.

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