Section 51. The Council of Ministers may consider the
adjustment of salary rate or position allowances for civil servants for greater
appropriateness as required. Adjustments of salary rate or position allowances
by not more than ten percent of the applicable salaries or position allowances
shall be effected by enactment of a Royal Decree, and the salary rate and
position allowances annexed to such Royal Decree shall be deemed as salary
rate and position allowances annexed to this Act.
Upon the adjustment of salaries or position allowances under
paragraph one, the adjustment of salaries or position allowances of existing civil servants to the rates in the newly adjusted schedule shall be in accordance
with the rules and procedures prescribed by the Council of Ministers.
Chapter 3
Recruitment, Instatement and Appointment
Section 52. The recruitment of persons for instatement to the
government service as a civil servant and appointment to a position shall be
carried out in accordance with the merit system and account for the ethical
behavior of such person as well as the benefits to the government service, as
prescribed in this Chapter.
Section 53. The instatement of a person to the government
service as a civil servant for appointment to a particular position shall be made
from candidates passing competitive examination for such position and
according to the order in the list of the passing candidates.
Competitive examinations, lists of the passing candidates and
details on examinations shall be in accordance with rules, procedures and
conditions prescribed by the CSC.
The provisions of paragraph one shall not apply to the
instatement of persons to the government service under section 55, section 56,
section 63, section 64 and section 65.
Section 54. An applicant for competitive examinations for a
particular position must have the general qualifications and not be under a
prohibition, or has been granted a waiver in the case of a prohibition under
section 36, and must also have the qualification requirements or received the
approval of the CSC under section 62.
A person under a prohibition under section 36 B. (1) shall be
eligible to apply for examinations, but shall be entitled for instatement as a civil
servant having been passing examination only upon ceasing to be a holder of a
political position.
Section 55. In special circumstances, a supervising official
authorized to make an instatement order under section 57 may select persons
for instatement to the government service and appoint to positions without
conducting competitive examinations under section 53, pursuant to the rules,
procedures and conditions prescribed by the CSC.
Section 56. A ministry or department which has exceptional
reasons and necessities may instate persons possessing high levels of
knowledge, competence and expertise to the government service and appoint to
knowledge worker positions at professional, senior professional, expert or advisory levels, or to general positions at highly skilled level, pursuant to rules,
procedures and conditions prescribed by the CSC.
Section 57. For instatements to the government service as civil
servants and appointments to positions under section 53, section 55, section 56,
section 63, section 64, section 65 and section 66, the following authorized
persons shall make the instatement and appointment orders:
(1) for the instatement and appointment of a higher level
executive position that is the head of a ministerial level government agency and
head of a departmental level government agency under the charge of or directly
accountable in the performance of functions to the Prime Minister or Minister,
as the case may be, the Minister in Charge shall submit a nomination to the
Council of Ministers for approval; upon approval by the Council of Ministers,
the Minister in Charge shall order the instatement and the Prime Minister shall
present the matter to the King for appointment;
(2) for the instatement and appointment of a higher level
executive position that is the deputy head of a ministerial level government
agency, head of a departmental level government agency, deputy head of a
departmental government agency under the charge of or directly accountable in
the performance of functions to the Prime Minister or Minister, as the case may
be, or other positions prescribed by the CSC as higher level executive
positions, the supervising permanent secretary or head of departmental level
government agency under the charge of or directly accountable in the
performance of functions to the Prime Minister or Minister, as the case may be,
shall submit a nomination to the Minister in Charge for proposal to the Council
of Ministers for approval; upon approval by the Council of Ministers, such
supervising permanent secretary or head of departmental level government
agency shall order the instatement and the Prime Minister shall present the
matter to the King for appointment;
(3) for the instatement and appointment of a primary level
executive position, the supervising permanent secretary or head of
departmental level government agency under the charge of or directly
accountable in the performance of functions to the Prime Minister or Minister,
as the case may be, shall order the instatement and appointment;
(4) for the instatement and appointment of an managerial
position, knowledge worker position at practitioner, professional, senior
professional and expert levels, and general positions in the Office of the
Minister, the Minister in Charge shall order the instatement and appointment;
(5) for the instatement and appointment of higher level
managerial positions, the supervising permanent secretary or head of
departmental level government agency under the charge of or directly
accountable in the performance of functions to the Prime Minister or Minister,
as the case may be, shall order the instatement and appointment;
(6) for the instatement and appointment of primary level
managerial positions, the supervising director-general shall order the
instatement and appointment upon the approval of the permanent secretary; as for the instatement and appointment of primary level managerial positions in
departmental level government agencies under the charge of or directly
accountable in the performance of functions to the Prime Minister or Minister,
as the case may be, the supervising director-general shall order the instatement
and appointment;
(7) for the instatement and appointment of advisory level
knowledge worker positions, the Minister in Charge shall submit a nomination
to the Council of Ministers for approval; upon the approval of the Council of
Ministers, the Minister in Charge shall order the instatement, and the Prime
Minister shall present the matter to the King for appointment;
(8) for the instatement and appointment of expert level
knowledge worker positions, the permanent secretary or head of departmental
level government agency under the charge of or directly accountable in the
performance of functions to the Prime Minister or Minister, as the case may be,
shall order the instatement and appointment;
(9) for the instatement and appointment of senior professional
level knowledge worker positions and highly skilled level general positions, the
supervising director-general shall order the instatement and appointment upon
the approval of the permanent secretary; as for the instatement and
appointment of senior professional level knowledge worker positions and
highly skilled level general positions in departmental level government
agencies under the charge of or directly accountable in the performance of
functions to the Prime Minister or Minister, as the case may be, the supervising
director-general shall order the instatement and appointment;
(10) for the instatement and appointment of practitioner and
professional level knowledge worker positions and operational, experienced
and senior level general positions, the supervising director-general or person
designated by the director-general shall order the instatement and appointment;
(11) for the instatement and appointment under section 53 and
relocation under section 63 to a position under (9) which is not a highly skilled
level general position and the instatement and appointment of positions under
(10) in the regional administration, the supervising provincial governor shall
order the instatement and appointment.
The nomination for appointment of a civil servant to a position
shall be accompanied by a report on suitability as well as reasons in accordance
with the rules and procedures prescribed by the CSC.
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