Section 65. In the event that a local official who has not retired from work during the probation period or an official who is not a civil servant under this Act, and not a political official, extraordinary official, or official who has retired from government service during the probationary performance of official duties, who has already retired from work or the government service, applies for entry to the government service as a civil servant and the official authorities intends to admit such person to the government service, the supervising official authorized to make an instatement order under section 57 shall undertake considerations on such application by taking into account the interests of the official authorities. The instatement and appointment to a particular position category, class series, level and the determination of salary amount of such person shall be in accordance with the rules and procedures prescribed by the CSC.

For the purposes of government service period determination, the government service period or working period of the person entering the government service under paragraph one whilst being an official or local official shall also be the government service period of civil servant under this Act.

Section 66. If it subsequently appears that any civil servant who has already been appointed to a position under section 62 does not meet the qualification requirement for such position, the supervising official authorized to make an instatement order under section 57 shall forthwith re-appoint such person to the original position or other position in the same category and level.

However, there shall be no prejudice to any act of such person performed pursuant to powers and duties and the receipt of salaries or other benefits received or entitled to receive prior to the receipt of re-appointment order to the
original position or other position in the same category and level.

The salaries payable, rights and benefits of persons re-appointed to the original position or other position in the same category and level under paragraph one shall be in accordance with the rules and procedures prescribed by the CSC.

In the case where it is not possible for any reason to make a reappointment to the original position or other position in the same category and level under paragraph one, the CSC shall make an individual consideration.

Section 67. If it subsequently appears that a person instated to the government service as a civil servant and appointed to a position under section 53 paragraph one, section 55, section 56, section 63, section 64 and section 65 lacks general qualifications or is under a prohibition without a waiver under section 36, or lacks the qualification requirements for such position without an approval of the CSC under section 62 before the instatement or there being an existing allegation and subsequently such person lacks qualifications due to such allegation after the instatement, the supervising official authorized to make an instatement order under section 57 shall forthwith order the discharge of such person from the government service.

However, there shall be no prejudice to the acts performed by such person pursuant to the powers and duties and the receipt of salaries or other benefits received or entitled to receive from the official authorities prior to such discharge order, and if entry to the government service was made in good faith, the discharge shall be deemed as having been made for the purpose of granting compensatory gratuities and pension under the law on official gratuities and pensions.

Section 68. In the case where a civil servant position becomes vacant, or the holder of a position is unable to perform official duties, and the case is not provided for in the law on national administration, the supervising official authorized to make an instatement order under section 57 shall have the power to order a civil official considered appropriate to temporarily act in such position.

The acting official under paragraph one shall have the powers and duties of the position he/she is temporarily assuming. In the case where other laws, regulations, rules, directives, Council of Ministers resolutions, resolutions of committees established under law, or order of a supervising official appoint such position holder to become a committee member or to have any power or duty, the acting official shall perform the duties of the committee member or other such powers and duties while acting in that position, as the case may be.

Section 69. In the case where there are reasons of necessity, the supervising official authorized to make an instatement order under section 57 has the power to order a civil servant to be temporarily attached to a government agency and be relieved from the original position as provided by CSC Regulation.

Salary payments, appointments, salary increases, disciplinary proceedings and retirements from government service of the civil servant under paragraph one shall be as provided by CSC Regulation.

Section 70. In the case where there are reasons of necessity, the supervising official authorized to make an instatement order under section 57 shall have the power to remove a civil servant from a position as well as the rate of salary in the original position, and to be paid salaries as reserves workforce for a period prescribed by the CSC. The foregoing shall be in accordance with rules and procedures prescribed by CSC Regulation.

The removal from position, salary payments, appointments, salary increases, disciplinary proceedings and retirements from government service of the civil servant under paragraph one shall be as provided by CSC Regulation.

In the case where there is no longer a necessity or the period of salary payments as reserves workforce has expired, the supervising official authorized to make an instatement order under section 57 shall remove such civil servant from payment of salaries as reserves workforce and appoint such person to the original position or other position in the same category and level.

Section 71. In the case where the Administrative Courts has a final judgment revoking an order appointing a civil servant, it shall be the duties of the CSC upon approval of the Council of Ministers to proceed the appropriate orders to effect remedies and modifications or take actions as deemed appropriate.

Chapter 4
Efficiency Enhancement and Motivation-Building in the Performance of Official Functions

Section 72. A government agency shall be under a duty to implement actions to enhance the efficiency and build motivation amongst civil servants in order to obtain civil servants that possess quality, virtue, ethics, and have good morale and quality of life, inspiration and enthusiasm in performing official functions to achieve the desired result-based outcome of the State’s tasks. The foregoing shall be in accordance with the rules and procedures prescribed by the CSC.

In the case where it is considered appropriate and economical, the OCSC may provide for efficiency enhancement and motivation-building on behalf of a government agency under paragraph one.

Section 73. A supervising official must conduct oneself towards persons under his/her charge with virtue and fairness, and build motivation amongst those under his/her charge to conduct themselves as good officials.

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