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LAWS OF FIJI
CHAPTER 2A
HIGHER SALARIES COMMISSION
TABLE OF PROVISIONS
SECTION
1.
Short
title
2.
Interpretation
3.
Establishment of
Commission
4.
Composition of
Commission
5.
Extraordinary
vacancies
6.
Disqualification for
membership
7.
Meetings
8.
Members and officers to maintain
secrecy
9.
Members'
emoluments
10.
Support
services
11.
Functions of
Commission
12.
Release of
determinations
13.
Frequency of
adjustments
14.
Interim
adjustments
15.
Submissions to
Commission
16.
Salary of existing holder not to be
reduced
17.
Powers of
Commission
18.
Members not personally
liable
19.
Other written law not to
prevail
20.
Determination of Commission to prevail over contracts of
service
21.
Consultation with
Commission
22.
Financial
provisions
23.
Annual
report
24.
Offence
25.
Regulations
26.
Act to bind
Crown
27.
Consequential amendments
First Schedule-Corporations and Bodies whose Chief Executive Officers' Salaries are to be Determined by Higher Salaries Commission
Second Schedule-Acts amended
-------------------------------------------------
Act No. 11 of 1983
AN ACT
TO ESTABLISH A HIGHER SALARIES COMMISSION
[1 December 1983]
Short title
1. This Act may be cited
as the Higher Salaries Commission Act.
Interpretation
2. In this Act, unless the
context otherwise requires-
"company" means a company limited by shares formed and registered under the Companies Act, or an existing company;
(Cap. 247.)
"Commission" means the Higher Salaries Commission established under section 3;
"existing company" means a company limited by shares formed and registered under the Companies Act;
(Cap. 247)
"Government-controlled company" means a company in which the Government holds more than 50% of the shares issued;
"salary" includes any benefit, facility or advantage, whether in money or otherwise, received by any person as part of his terms and conditions of employment.
Establishment of Commission
3.
There is hereby established a commission to be called the Higher Salaries
Commission.
Composition of Commission
4.-(1)
The Commission shall consist of
5
members, namely-
(a) a Chairman, who shall be the Chairman of the Public Service Commission;
(b) the Permanent Secretary for Finance; and
(c) three other members, who shall be persons of recognised experience in economic, financial, industrial or commercial matters, to be appointed by the Minister.
(2)
The members of the Commission appointed by the Minister shall hold office for
such terms not exceeding 3 years as the Minister
may determine but are eligible
for re-appointment.
(3) The
Commission may from time to time appoint one of the other members to be the
Deputy Chairman of the Commission.
Extraordinary vacancies
5.-(1)
Any member of the Commission appointed by the Minister may at any time resign
his office by giving written notice to that effect
to the
Minister.
(2) If any such member
of the Commission dies or resigns or is removed from office the vacancy thereby
created shall be deemed to
be an extraordinary
vacancy.
(3) An extraordinary
vacancy shall be filled by the appointment of a member by the
Minister.
(4) Every person
appointed to fill an extraordinary vacancy shall be appointed for the residue of
the term for which the vacating
member was
appointed.
(5) The powers of the
Commission shall not be affected by any vacancy in its
membership.
Disqualifications for membership
6.-(1)
A person shall be disqualified for appointment by the Minister as a member of
the Commission if-
(a) the person is a member of either House of Parliament;
(b) the person is a public officer;
(c) in Fiji or elsewhere-
(i) the person has been adjudged bankrupt or has made a composition with his creditors;
(ii) the person has been convicted of any offence involving fraud or dishonesty;
(iii) the person has been removed from an office of trust on account of misconduct in the exercise of his official functions;
(d) the person is under any law in Fiji adjudged or otherwise declared to be of unsound mind;
(e) the person is a member of any Commission established by the Constitution.
(2)
A member of the Commission appointed by the Minister shall vacate his or her
office if any circumstances arise that, if he or
she were not a member of the
Commission, would cause him or her to be disqualified for appointment as
such.
Meetings
7.-(1)
Meetings of the Commission shall be held at such times and places as the
Commission or its Chairman
appoints.
(2) At any meeting of
the Commission 3 members shall form a
quorum.
(3) The Chairman shall
preside at every meeting at which he is
present.
(4) In the absence of the
Chairman from any meeting the Deputy Chairman shall preside at that
meeting.
(5) A decision of a majority of the members present at any meeting shall be the decision of the Commission and in the event of an equality of votes the member presiding shall have a casting vote as well as a deliberative vote.
(6) Subject to this Act,
the Commission may regulate its procedure in such manner as it sees
fit.
(7) No decision or
determination of the Commission, and no proceedings before the Commission, shall
be held bad for want of form,
or be void or in any way vitiated by reason of any
informality or error of form.
Members and officers to maintain secrecy
8.
-(1) Every member of the Commission and every person engaged or employed in
connection with the work of the Commission shall maintain
and aid in maintaining
the secrecy of all matters which come to his knowledge when carrying out his
functions or duties under this
Act and shall not communicate any such matters to
any person except in the discharge of his functions and duties under this
Act.
(2) Any person who
contravenes subsection (1) commits an offence and is liable to a fine not
exceeding $1,000 or to imprisonment for
a term not exceeding 6 months or to
both.
Members' emoluments
9.
There shall be paid to the members of the Commission such emoluments by way of
fees or allowances, and travelling allowances and
expenses, as the Minister may
determine.
Support services
10.
The Public Service Commission shall provide such secretarial and research
facilities and services as may be necessary to enable
the Commission to exercise
its functions and powers.
Functions of Commission
11.-(1)
The functions of the Commission shall be-
(a) to consider and determine the salary of the chief executive officer of each of the corporations and bodies specified (either by name or by class) in the First Schedule and the salaries of the holders of such other offices in those corporations and bodies as the Commission may prescribe;
(b) notwithstanding anything to the contrary contained in the memorandum or articles of association of any Government controlled company, to consider and determine the salary of the chief executive officer of every such company and the salaries of the holders of such other offices in those companies as the Commission may prescribe;
(c) to consider and determine the salary of every Permanent Secretary and supervising officer appointed pursuant to section 110 of the Constitution and the salaries of the holders of such other public offices (other than those offices to which section 183 of the Constitution applies) as the Commission may, after consultation with the Public Service Commission, prescribe;
(Cap. l)
(d) to consider and determine the salaries of the chief executive officer of every city, town and district council constituted under the Local Government Act and the salaries of the holders of such other offices in those councils as the Commission may prescribe;
(Cap. 125)
(e) to carry out such other functions as may be conferred or imposed upon it by this Act or any other written law.
(2)
In carrying out its functions under paragraphs (a) to (d) of subsection (1), the
Commission may fix scales of salaries and may
specify the manner in which the
scales of salaries fixed by it are to be
applied.
(3) Except as provided in
this Act, where the salary payable to any person is fixed under this Act, no
amount in excess of the salary
so fixed shall be paid to any person on account
of that salary.
(4) Any person who
makes any payment in contravention of subsection (3) commits an
offence.
Release of determinations
12.-(1)
The Commission shall ensure that every determination made by it in respect of
the salary of any person is made known to that
person and to the person
responsible for the payment of the salary, and to such other persons as have, in
the opinion of the Commission,
a direct interest in the subject matter of the
determination.
(2) The Commission
shall submit to the Minister copies of all determinations made by it under
section 11.
(3) Subject to
subsection (4) the Commission shall publish, in such manner as it determines
after consultation with the Minister,
particulars of each general review made by
it under section 13(3).
(4) Where
the Commission considers in relation to any particular corporation or body
specified in the First Schedule or any Government-controlled
company that it is
not in the public interest to publish particulars of the salaries of officers of
that corporation, body or company,
the Commission shall not publish particulars
of the salaries of those
officers.
(5) Except as expressly
provided by this Act, determinations of the Commission shall not be published by
the Commission.
Frequency of adjustments
13.-(1)
The salaries to be determined by the Commission under section 11(1) shall be
determined by the Commission as at a date fixed
by it whether before or after
the date of that determination but not earlier than-
(a) 1 December 1983 in the case of the first determination made by the Commission under this Act;
(b) twelve months before the date on which the determination is made in the case of any subsequent determination by the Commission.
(2)
Subject to subsection (4) and section 14(4), every determination of the
Commission shall continue in force for a period of at
least 12 months from the
date on which the rate of salary fixed by the Commission takes
effect.
(3) The Commission shall
make a general review of the salaries of the persons to whom section 11(1)
applies as at 1 July 1985 and
at intervals of not less than one year nor more
than 3 years thereafter.
(4) Notwithstanding subsection
(2), the rates of salary determined at a general review under subsection (3) may
continue in force
for a period of less than 12 months from the date on which
they take effect if the Commission is satisfied that in all the circumstances
there are particular and special reasons to justify a period of less than 12
months.
Interim adjustments
14.-(1)
Before the general review as at 1 July 1985 and between general reviews under
section 13(1) the Commission may from time to
time determine-
(a) an interim adjustment to the salaries of any of the categories of persons to whom section 11(1) applies, on the application of the members in that category or of any such member authorised to represent those members or of any recognised organisation representing those members;
(b) an interim adjustment to the salary of any particular person or for any position in any of the categories of persons or positions to which paragraphs (a), (b) or (d) of section 11(1) applies on the application of the employer or employing authority; (c) an interim adjustment to the salaries of any categories of persons to whom paragraph (c) of section 11(1) applies on the application of the Public Service Commission.
(2) Where any general
adjustment or interim adjustment or special allowance has been granted to
officers in the Public Service, the
Commission may in determining an interim
adjustment under subsection (1) apply that general adjustment, interim
adjustment or special
allowance in whole or in part to salaries for positions
that are subject to the jurisdiction of the Commission. The application of
any
such general adjustment, interim adjustment or special allowance shall be made
in such manner as the Commission shall determine
after consultation with the
Public Service Commission.
(3) Notwithstanding section
13(2), the rates of salary determined as an interim adjustment may continue in
force for a period of less
than 12 months from the date on which they take
effect if the Commission is satisfied that in all the circumstances there are
particular
and special reasons that justify a period of less than 12
months.
Submissions to Commission
15.-(1)
For the purposes of any general review under section 13(3) any person or
organisation is entitled to make written submission
to the
Commission.
(2) For the purposes
of any general review under section 13(3) or any interim adjustment under
section 14(1), the following persons
are entitled to make written, and at their
option, oral submissions to the Commission at a time and place and in a manner
to be determined
by the Commission-
(a) either-
(i) representatives of the members of each category of persons who are at he subject of the general review or application for interim adjustment as the case may be; or
(ii) any recognised organisation representing the members of each category of persons who are the subject of the general review or application for interim adjustment as the case may be;
(b) any recognised organisation representing employers of persons who are the subject of the general review or application for interim adjustment as the case may be;
(c) each employer or employing authority, or an authorised representative of each employer or employing authority, of the persons who are the subject of the general review or application for interim adjustment as the case may be.
Salary of existing holder not to be reduced
16.
Where any office is subject to the determination of the Commission under section
11(1)
and the Commission determines the salary for that position at a rate lower than
that being received by the holder of the office his
salary shall not be reduced
as a result of that determination.
Powers of Commission
17.
(1) For the purpose of carrying out its functions under this Act the Commission
may summon witnesses and admit and receive evidence
as are conferred upon the
commissioners of a Commission of Inquiry by section 9 of the Commissions of
Inquiry Act.
(2) Sections 14 and
17 of that Act shall apply
mutatis
mutandis in relation to the powers and
authority vested in the Commission by this
section.
(Cap.
47)
Members not personally liable
18.
No member of the Commission shall be personally liable for any act done or
default made by the Commission in good faith in pursuance
or intended pursuance
of the powers or functions of the Commission under this Act.
Other written law not to prevail
19.-(1)
Except as provided in subsection (2), this Act shall prevail over any other
written law authorising any person or body to fix
any salary which the Higher
Salaries Commission has jurisdiction to determine by this
Act.
(2) Nothing in this Act shall
affect the operation of the Counter-Inflation Act and, without prejudice to the
generality of the foregoing, in the event of any conflict or inconsistency
between a determination
of the Commission under this Act and any order or
requirement of the Prices and Incomes Board under the Counter-Inflation Act, the
provisions of the Counter-Inflation Act shall
prevail.
(Cap.
73)
Determination of Commission to prevail over contracts of service
20.-(1)
Every determination of the Commission shall prevail over any contract of service
to the extent that there is any conflict between
the determination and the
contract; and the contract shall thereafter be construed and have effect as if
it had been modified so
far as necessary in order to conform to the
determination.
(2) Nothing in this
section shall derogate from section 16.
Consultation with Commission
21.
Where any corporation or body specified in the First Schedule or any
Government-controlled company or any council constituted under
the Local
Government Act considers that any salary which it proposes to agree to, or pay,
will or may tend to lead to unreasonable
disparities or inappropriate
relativities with any salary determined by the Commission under section 11, it
shall, before agreeing
to or committing itself to the payment of, such salary,
consult with the Commission and have due regard to any opinions expressed
by the
Commission and to any relevant salary determined by the
Commission.
(Cap.
125)
Financial provisions
22.
All fees, salaries, allowances and other expenditure payable or incurred under
or in the administration of this Act shall be payable
out of money to be
appropriated by Parliament for the purpose.
Annual report
23.-(1)
As soon as practicable after 31 December in each year the Commission shall
submit to the Minister a report of its operations
during that
year.
(2) The Minister shall cause
a copy of the report to be laid before Parliament at the next meeting subsequent
to its submission.
Offence
24.-(1)
Subject to subsection (2), any person who commits an offence under section 11 is
liable to a fine not exceeding $1,000 or to
imprisonment for a term not
exceeding 6 months or to both.
(2)
In any proceedings for an offence under section 11 it is a defence for the
person charged to prove-
(a) that the commission of the offence was due to a mistake or to reliance on information supplied to him or to the act or default of another person, an accident or some other cause beyond his control; and
(b) that he took all reasonable precautions and exercised all due diligence avoid the commission of such an offence by himself or any person under his control.
Regulations
25.
The Commission may make regulations-
(a) prescribing anything which is permitted or required by this Act to be prescribed;
(b) generally for regulating and facilitating the work of the Commissioner under this Act.
Act to bind Crown
26.
This Act shall bind the Crown.
Consequential amendments
27.
The Acts set out in the first column of the Second Schedule
are
amended to the extent mentioned in the
second column of that Schedule.
FIRST
SCHEDULE
(Section 11)
CORPORATIONS AND BODIES WHOSE CHIEF EXECUTIVE OFFICERS' SALARIES ARE TO BE DETERMINED BY HIGHER SALARIES COMMISSION
Prices and Incomes
Board
Fiji National Training
Council
Fiji Visitors
Bureau
Fiji Broadcasting
Commission
Board of Fire Commissioners
of Suva
Land Development Authority and
Corporations and Local
Development
Boards Formed under the
Land Development Act
Fiji Pine
Commission
Coconut
Board
Fiji Electricity
Authority
Ports Authority of
Fiji
Sugar
Board
Central Monetary Authority of
Fiji
National Bank of
Fiji
Fiji Development
Bank
Fiji National Provident
Fund
Consumer Council of
Fiji
National Marketing
Authority
Fiji Meat Industry
Board
Housing
Authority
Fiji Sports
Council
Civil Aviation Authority of
Fiji
Economic Development
Board
SECOND
SCHEDULE
(Section
27)
ACTS
AMENDED*
*****
Controlled
by Office of the Prime Minister
* The amendments affect
Chapters 73, 93, 104, 105,125, 129, 142, 151,152,180,181,206,209,210,213,
214,219,235,236,237,267 and 271A,
Acts Nos. 18 of 1978 and 11 of 1980, and are
incorporated, in this Edition, in the individual Acts.
__________________
SECTION 25-HIGHER SALARIES (PRESCRIPTION OF OFFICERS) REGULATIONS
TABLE OF PROVISIONS
REGULATIONS
1.
Short
title
2.
Prescription of offices
Schedule 1
Schedule 2
Schedule 3
Schedule 4
Regulations 8 March 1985*
Short title and interpretation
1.-(1)
These Regulations may be cited as the Higher Salaries (Prescription of Offices)
Regulations.
(2) In these
Regulations, the Higher Salaries Commission Act, 1983 is referred to as "the
Act".
Prescription of offices
2.-(1)
The offices specified in Schedule 1 are prescribed for the purpose of paragraph
11(1) (a) of the Act.
(2) The
offices specified in Schedule 2 are prescribed for the purpose of paragraph
11(1) (b) of the Act.
(3) The
offices specified in Schedule 3 are prescribed for the purpose of paragraph
11(1) (c) of the Act.
(4) The
offices specified in Schedule 4 are prescribed for the purpose of paragraph
11(1) (d) of the Act.
SCHEDULE
1
Regulation 2(1) |
|
Item
Corporation or Body
1. Civil Aviation Authority of the Fiji Islands 2. Coconut Authority Development Board 3. Fiji Islands Trade and Investment Bureau 4. Fiji Electricity Authority 5. Fiji Development Bank 6. Fiji Broadcasting Commission 7. Fiji National Provident Fund 8. Fiji National Training Council 9. Fiji Visitors Bureau 10. Fiji Pine Commission 11. Housing Authority 12. Ika Corporation 13. National Bank 14. Maritime and Ports Authority of the Fiji Islands 15. Reserve Bank of Fiji 16. Sugar Board |
Office Deputy Chief
Executive
Director of Management Services Director of Operations & Safety Director of Technical Services Controller of Finance Secretary Deputy Director Manager, Administration Manager, Trade and Marketing Manager, Industries Manager, Research & Information Deputy General Manager Engineering Chief Engineer Finance Manager Commercial Manager/Secretary Personnel Manager Hydro Manager Regional Manager Central General Manager Operations General Manager Finance & Administration Manager Agricultural Development Manager Industrial Manager Special Loan Scheme Manager National Operations Manager Audit and Inspection Manager Finance Manager Business Development and Liaison Deputy General Manager Chief Engineer Deputy General Manager, Finance Assistant General Manager, MIS Assistant General Manager, Operations Assistant Director of Training Principal Training Development Officer Executive Manager Deputy General Manager Manager Administration & Finance Assistant General Manager Manager Plantation Division Manager Landowner Affairs Division Secretary Director Administration Technical Director Finance Director Financial Controller/Administrative Company Secretary Operations Manager Deputy Chief Manager Manager Administration Manager Lending Deputy Director-General Director Engineering Director Operations Financial Controller Deputy Governor Chief Manager, Administration and Exchange Control Chief Manager Operations Executive Vice-Chairman |
SCHEDULE
2
(Regulation
2(2))
1. Air Pacific
Limited
2. Fiji Sugar Marketing Company Limited 3. Fiji Sugar Corporation Limited 4. Fiji International Telecommunica- tions Limited 5. Rewa Rice Limited |
Deputy Chief
Executive
General Manager Finance and
Administration
General Manager Marketing
& Sales
General Manager Airline Operations Deputy Chief Executive London Representative Chief General Manager General Manager-Lautoka General Manager-Rarawai General Manager-Labasa General Manager-Penang General Manager-Operations General Manager-Finance Research Manager Data Processing Manager Chief Engineer, FSC Planning and Development Manager Assistant to Managing Director General manager Field Services Purchasing Manager Manager, Engineering Finance Manager Traffic Manager Assistant Manager Engineering Company Secretary/Marketing, Manager Manager, Dreketi Mill |
SCHEDULE
3
(Regulation
2(3))
Offices in the Public Service
Agricultural Tribunal
Chief Fisheries Officer
Chief Magistrate
Chief Registrar, High Court
Chief of Staff, RFMF
Commander, RFMF
Commissioner of Inland Revenue
Commissioner of Police
Commissioner of Prisons
Comptroller of Customs
Conservator of Forests
Consultant
Controller of Supplies
Deputy Commissioner of Police
Deputy Secretary for Education
Deputy Secretary for Finance
Deputy Secretary for Works
Director and Registrar of Co-operatives
Director of Agriculture
Director of Building and Government Architect
Director of Economic Planning
Director of Energy
Director of Hospital Services
Director of Lands and Surveyor-General
Director of Marine
Director of Meteorology
Director of Mineral Development
Director of Primary and Preventive Health Services
Director of Roads and Airfields
Director of Telecommunications
Director of Water and Sewerage
Divisional Commissioner
First Parliamentary Counsel
Government Statistician
Head of Mission/High Commissioner/Ambassador/Permanent Representative
Resident Magistrate
SCHEDULE
4
(Regulation
2(4))
Item Council Office
1. Lautoka City Council City Engineer
2. Suva City Council City Engineer
Deputy City Engineer
City Planner
Controlled by Office of the Prime Minister
--------------------------------
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