Malaysia legislation

Section 22A

of MUDA AGRICULTURAL DEVELOPMENT AUTHORITY ACT 1972

Section 22A

(a)

has failed to collect any moneys owing to the

Authority for the collection of which he is responsible;

(b)

is or was responsible for any payment from the Fund of moneys which ought not to have been made or for any payment of moneys which is not duly vouched;

(c)

is or was responsible, directly or indirectly, for any deficiency in, or for the destruction of, any moneys, stamps, securities, stores or other property of the

Authority;

(d)

being or having been an accounting officer, fails or has failed to keep proper accounts or records;

(e)

has failed to make any payment, or is or was responsible for any delay in the payment, of moneys from the Fund to any person to whom such payment is due under any contract, agreement or arrangement entered into between that person and the Authority, the Authority shall serve on him a written notice calling on him to show cause why he should not be surcharged, and if a satisfactory explanation is not, within fourteen days from the date of service of the notice as aforesaid, furnished to the Authority with regard to the failure to collect, payment which ought not to have been made, payment not duly vouched, deficiency or destruction, or failure to keep proper accounts or records, or failure to make payment, or delay in making payment, the Authority may surcharge against the said person a sum not exceeding the amount of any such amount not collected, such payment, deficiency, or 070e.fm Page 20 Friday, March 31, 2006 4:27 PM

Muda Agricultural Development Authority 21

loss or the value of the property destroyed, as the case may be, and with regard to the failure to keep proper accounts or records, or the failure to make payment, or the delay in making payment, the

Authority may surcharge against the said person such sum as the

Authority may think fit.

(2)

The Chairman shall cause the Deputy Chairman to be notified of any surcharge made under subsection (1) and the

Deputy Chairman shall thereupon notify the person surcharged.

(3)

The Authority may at any time withdraw any surcharge in respect of which a satisfactory explanation has been received or if it otherwise appears that no surcharge should have been made, and the Chairman shall at once cause the Deputy Chairman to be notified of such withdrawal.

(4)

The amount of any surcharge made under subsection (1)

and not withdrawn under subsection (3) shall be a debt due to the

Authority from the person against whom the surcharge is made and may be sued for and recovered in any court at the suit of the

Authority and may also be recovered by deduction—

(a)

from the salary of the person surcharged if the

Authority so directs;

(b)

from the pension of the person surcharged if the

Authority so directs, by equal monthly instalments not exceeding one-fourth of the total monthly salary or pension, of the person.