Higher Salaries Commission Act

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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

"company" means a company limited by shares formed and registered under the Companies Act, or an existing company;

"existing company" means a company limited by shares formed and registered under the Companies Act;

"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.

3. There is hereby established a commission to be called the Higher Salaries Commission.

(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.

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.

6.-(1) A person shall be disqualified for appointment by the Minister as a member of the Commission if-

(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;

(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.

7.-(1) Meetings of the Commission shall be held at such times and places as the Commission or its Chairman appoints.

(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.

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.

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.

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.

(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;

(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;

(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.

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.

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.

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.

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-

(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.

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.

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)

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.

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)

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.

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)

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.

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.

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.

(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.

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.

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

* 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.

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".

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

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

Fiji Consolidated Legislation

Higher Salaries Commission Act