Malaysia legislation
Section 28
Section 28
(2)
Any property or money accepted by the Universiti under subsection (1) shall be dealt with in accordance with the provisions of this Act and shall, subject to the terms and conditions on which the same is given and accepted, be applied by it for all or any of the purposes of the Universiti in accordance with the provisions of this Act.
(3)
A register shall be kept of all property and moneys accepted by the Board under subsection (1) including the names of the donors and any special conditions on which the same may have been given.
(4)
All property and moneys given and accepted for any specific purposes shall be applied and administered in accordance with the purposes for which the same may have been given and accepted and shall be separately accounted for.
Imposition of surcharge 28a. (1) A person who is or was a staff of the Universiti may be surcharged if it appears to the Board that the person—
(a)
has failed to collect moneys owing to the Universiti for the collection of which he is or was responsible;
(b)
is or was responsible for any improper payment of money from the Fund or for any payment of moneys which is not duly approved;
Universiti Teknologi MARA
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(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
Universiti;
(d)
being or having been an accounting officer, fails or has failed to keep proper accounts or records; or
(e)
has failed to make any payment of moneys, or is or was responsible for any delay in the payment of moneys from the Universiti, to any person to whom the payment is due under any law, contract, agreement or arrangement entered into between that person and the Universiti.
(2)
The Board shall, before a person is surcharged under subsection (1), serve on him a written notice calling on him to show cause why he should not be surcharged.
(3)
If a satisfactory explanation is not received within thirty days from the date of service of the notice under subsection (2), the Board may—
(a)
in the case of paragraphs (1)(a), (b) and (c), surcharge against the person a sum not exceeding the amount not collected, or of the improper payment made, or of the deficiency in the value of, or loss of, the moneys, stamp, security, store or other property of the Universiti; and
(b)
in the case of paragraphs (1)(d) and (e), surcharge against the person such sum as the Board may think fit.
(4)
The Board shall notify the person surcharged in respect of any surcharge made under subsection (3).
(5)
Notwithstanding subsections (3) and (4), the Board 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 Board shall at once notify the person surcharged of the withdrawal.
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Act 173
(6)
The amount of any surcharge made under subsection (3)
and not withdrawn under subsection (5) shall be a debt due to the Universiti from the person surcharged and may be sued for and recovered in any court at the suit of the Universiti and may also if the Board so directs be recovered by deduction—
(a)
from the salary of the person surcharged; or
(b)
from the pension of the person surcharged, by equal monthly instalments not exceeding one-fourth of the total monthly salary or pension, as the case may be, of that person.
(7)
In any action for surcharge against the Vice-Chancellor, the composition of the Board for the purposes of subsections (1) to
(6)
shall not include the Vice-Chancellor.
(8)
For the purposes of paragraph (1)(d), “accounting officer”
includes every staff of the Universiti charged with the duty of collecting, receiving, or accounting for, or who in fact collects, receives or accounts for, any money of the Universiti, or who is charged with the duty of disbursing, or who does in fact disburse, any such money, and every staff who is charged with the receipt, custody or disposal of, or the accounting for, any money, stamp, security, store or property of the Universiti or who in fact receives, holds or disposes of such money, stamp, security, store or property.