Malaysia legislation
Section 22B
Section 22B
(a)
has failed to collect any moneys owing to the Lembaga for the collection of which he is responsible;
(b)
is or was responsible for any payment from the Tabung of moneys which ought not to have been made or for any payment of moneys which is not duly approved;
(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 Lembaga;
(d)
being or having been an accounting officer, fails or has failed to keep proper accounts or records; or
Tabung Angkatan Tentera 33
(e)
has failed to make any payment, or is or was responsible for any delay in the payment, of moneys from the Tabung to any person to whom such payment is due under any contract, agreement or arrangement entered into between that person and the Lembaga, the Lembaga 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 Lembaga with regard to the failure to collect, payment which ought not to have been made, payment not duly approved, deficiency or destruction, or failure to keep proper accounts or records, or failure to make payment, or delay in making payment, the
Lembaga may surcharge against the said person a sum not exceeding the amount of any such amount not collected, such payment, deficiency, or 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 Lembaga may surcharge against the said person such sum as it thinks fit.
(2)
The Chairman of the Lembaga shall cause the Chief Executive to be notified of any surcharge made under subsection (1) and the Chief
Executive shall thereupon notify the person surcharged.
(3)
The Lembaga 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 of the Lembaga shall at once cause the Chief Executive 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The amount of any surcharge made under subsection (1) and not withdrawn under subsection (3) shall be a debt due to the Lembaga from the person against whom the surcharge is made and may be sued for and recovered in any court at the suit of the Lembaga and may also be recovered by deduction—
(a)
from the salary of the person surcharged if the Lembaga so directs; or
(b)
from the pension of the person surcharged if the Lembaga so directs,
34
by equal monthly instalments not exceeding one-fourth of the total monthly salary or pension, as the case may be, of that person.
(5)
For purposes of this section, “Chief Executive” means the
Chief Executive appointed under subsection 19(1) and includes the officer of the Lembaga nominated under subsection 19(2).
Lembaga may establish corporation