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Civil Service Personnel Rules

The Republic of the Union of Myanmar

The Union Civil Service Board

Notification No. 12/2014
The 11th Waning Day of Tabaung, 1375 M.E.
(26 March, 2014)

The Union Civil Service Board hereby issues these rules in exercise of the power conferred by sub-section (a) of Section 76 of the Civil Service Personnel Law with the approval of the Union Government.

Chapter I
Title and Definition

1. These rules shall be called the Civil Service Personnel Rules.

2. The provisions contained in these rules shall apply to the service personnel entitled to the pay and allowances disbursed out of the State Budget. These rules shall not apply to the defence services personnel and members of the Myanmar Police Force.

3. The expressions contained in these rules shall have the same meanings contained in the Civil Service Personnel Law. In addition, the following expressions shall have the meanings given hereunder:
(a) Law means the Civil Service Personnel Law;
(b) Head of the Ministry and the Organization means the Head of the Ministries and Organizations appointed by the President under sub-section (f) of Section 2 of the law;
(c) Confirmed Appointment means the confirmed appointment to a vacant post that no other service personnel holds lien on it in the set-up of any service personnel organization;
(d) Probation means the appointment to an initial post of one category of posts in the set-up by putting on probation for a period with particular conditions to train to acquire skills needed for the post before confirmation of the appointment;
(e) Apprentice Appointment means the appointment as an apprentice against a sanctioned post in the set-up of service personnel organization to become proficient in skills related to performing the duties;
(f) Part-time Appointment means the appointment to any post with a limit of time;
(g) On Duty Period includes the following periods:
(i) probationary period of a post;
(ii) apprentice period to be confirmed appointment from an apprentice to a permanent civil service without interval;
(iii) joining time;
(iv) on duty period abroad;
(v) study period in or out of the country with the permission of the department.
(h) Working Hours means the hours defined by the State Government for a service personnel to perform the duty in a day;
(i) Term of Post means the period of performing duty in a current post.
(j) Term of Service means the period of performing duty as a civil service in a service personnel organization. In this expression, the probation period, apprentice period, on leave period except extraordinary leave without pay, temporary suspension period defined as term of duty and period of performing other duty which is determined as term of duty are also included.
(k) Permanent Post means a post in the set-up without limit of time.
(l) Organizational Set-up means the number of staff formed as a separate unit for respective classes of service personnel in a service personnel organization.
(m) Pay means the amount of money earned monthly by a service personnel and includes the following categories:
(i) permitted pay for permanent or temporary post;
(ii) other forms of remuneration stipulated as pay by the Union Government.
(n) Basic Pay means the pay earned from a post in the set-up to which the appointment has been confirmed.
(o) Time Scale Pay includes the minimum, maximum and annual increment and is the pay scale which rises from minimum to maximum by increasing at a specified increment during a specified period.
(p) Identical Time Scale Pay means the identical time scale pay if the minimum, maximum, rates and periods of increments are identical.
(q) Average Pay means the average monthly pay earned during twelve consecutive months preceding the month in which the event occurred to require the calculation of average pay.
(r) Leave Pay means the pay which is entitled to earn on leave.
(s) Subsistence Allowance means the allowance granted monthly to a service personnel during suspension in order not to have difficulty in food, clothing and shelter.
(t) Supplementary Allowance means an allowance granted to cover the actual duty expenditure necessitated by the special circumstances in performing the duty. In this expression, travelling allowance is included;
(u) Joining Time means the time allowed to a service personnel to travel from the previous duty station to the station where the person is transferred;
(v) Month means one month of the Gregorian Calendar.30 days shall be defined and calculated as one month of calendar year;
(w) Service on Deputation means the full-time service of a service personnel transferred to another organization either in the country or in a foreign country with the permission of the Union Government, in which case the service personnel is paid by a budget other than the State Budget;
(x) Taking Departmental Action means the departmental enquiry and administrative action taken against a service personnel for breaking the civil service rules of conduct, breach of discipline or failure to perform duties;
(y) Departmental Enquiry means hearing by opening a departmental case after holding the preliminary enquiry;
(z) Preliminary Enquiry means the initial enquiry whether or not there are sufficient facts and evidence to take action against service personnel in respect of any complaint or act or omission of such service personnel;
(aa) Departmental Trial means opening a case and examining it after charging to take departmental action against a service personnel in the light of sufficient facts and evidence in respect of complaint or act or omission of a service personnel;
(bb) Disciplinary Offence means any actor omission of a service personnel which may be taken departmental action;
(cc) Disciplinary Penalty means any penalty imposed on a service personnel by the department for any disciplinary offence;
(dd) Appeal means filing an appeal by a service personnel against a penalty, an order or a decision passed by the departmental action;
(ee) Form means the form contained in these rules;
(ff) Schedule means the schedule contained in these rules.

Chapter II
Specifications for the Appointment of Service Personnel

4. In appointing service personnel to a post in the set-up:
(a) the position shall be permanently vacant;
(b) more than one service personnel shall not be appointed at the same time;
(c) a service personnel shall not be appointed to a post in which another service personnel holds a lien;
(d) the service personnel shall attain the age of 18;
(e) if the person is an outsider, medical certificate of fitness shall be submitted.

6. A service personnel who is appointed with a confirmation is:
(a) entitled to enjoy the specified pay and allowances from the commencing date on which the service personnel performs his duties;
(b) entitled to enjoy the pay for the post to which the service personnel is promoted, while on foreign service or on study leave in a foreign country, from the commencing date of promotion;
(c) entitled to enjoy the pay for the post to which the service personnel is promoted, while on deputation with the external service regulations in or out of the country, only when he returns to service in the parent department at the end of deputation.

7. A service personnel’s lien is retained during the following periods:
(a) the period on full time service in a permanent post;
(b) the period on study leave in or out of the country with the permission of the department;
(c) the period on service in another post to which the service personnel is transferred temporarily;
(d) the period on deputation with external service regulations in or out of the country;
(e) joining time temporary transferring from one post to another;
(f) leave period;
(g) period of temporary suspension from duties.

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