Malaysia legislation
Section 16
Section 16
The Council may appoint, in addition to the Chief Executive, such other officers and servants as it considers necessary for carrying out the purposes of this Act, on such terms and conditions as the Council may determine with the approval of the
Minister.
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Part IIIa
DISCIPLINE
Disciplinary committees 16a. (1) The Council shall have disciplinary authority over all its officers and servants and shall exercise disciplinary control in respect of all such persons in accordance with this Act and any regulations made under section 16d.
(2)
For the purposes of this section —
(a)
there shall be established a disciplinary committee of the
Council in respect of the Chief Executive of the Council consisting of—
(i)
a person to be appointed by the Minister, who shall be the chairman of the committee; and
(ii)
two members of the Council to be appointed by the Council; and
(b)
the Council may establish, by notification in the Gazette, different disciplinary committees for different categories of officers or servants of the Council.
(3)
The following provisions shall apply to any disciplinary committee established under paragraph (2)(b):
(a)
such disciplinary committee shall consist of any number of members of the Council, other than the Chairman of the
Council, or officers of the Council, or any combination of such members and officers; and
(b)
an officer who is a member of a disciplinary committee shall not be lower in rank than any officer or servant over whom the disciplinary committee of which he is a member has disciplinary authority.
(4)
The disciplinary committee established under paragraph (2)(b) shall exercise its powers in all matters relating to the discipline of officers and servants placed under its jurisdiction.
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(5)
In the exercise of its disciplinary functions, a disciplinary committee referred to in subsection (2) shall have the power to take disciplinary action and impose any disciplinary punishment or any combination of two or more disciplinary punishments as may be provided for under any regulations made under section 16d.
Appeal against decision of disciplinary committee 16b. (1) A decision of the disciplinary committee under paragraph 16a(2)(a) shall be appealable to the Minister.
(2)
A decision of any disciplinary committee under paragraph 16a(2)(b) shall be appealable to the Disciplinary Appeal
Board established under section 16c.
(3)
The Minister or the Disciplinary Appeal Board, as the case may be, may confirm, reverse or vary the decision of the disciplinary committee.
(4)
The decision of the Minister or the Disciplinary Appeal
Board under subsection (3) shall be final.
Establishment of Disciplinary Appeal Board 16c. (1) There shall be a Disciplinary Appeal Board of the
Council which shall consist of the following members:
(a)
the Chairman of the Council, who shall be the chairman of the Disciplinary Appeal Board and who shall have the casting vote; and
(b)
three members of the Council, not being members of the disciplinary committee whose decision is the subject matter of the appeal, to be appointed by the chairman of the Disciplinary Appeal Board with the approval of the Council for the purpose of the appeal.
(2)
When the Disciplinary Appeal Board considers an appeal made under section 16b, a member of the disciplinary committee against whose decision the appeal is made who is also a member of the Council shall not be present or in any way participate in any proceedings relating to that appeal.
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Power to make disciplinary regulations 16d. (1) The Council, with the approval of the Minister, may make regulations to provide for the discipline of its officer and servants.
(2)
The disciplinary regulations made under this section—
(a)
may create disciplinary offences;
(b)
may provide for such disciplinary punishments as the
Council may deem appropriate, and the punishments may extend to—
(i)
a warning;
(ii)
a fine;
(iii)
a forfeiture of emoluments;
(iv)
a deferment of salary movement;
(v)
a reduction of salary;
(vi)
a reduction in rank; and
(vii)
a dismissal;
(c)
shall provide an opportunity for the person against whom disciplinary proceedings are taken to make representations against the disciplinary charge laid against him before a decision is arrived at by the disciplinary committee except in any of the following cases:
(i)
where an officer or a servant of the Council is dismissed or reduced in rank on the ground of misconduct in respect of which a criminal charge has been proved against him;
(ii)
where the Council, on the recommendation of the Minister charged with the responsibility for home affairs, is satisfied that in the interest of the security of Malaysia or any part thereof it is not expedient to carry out the requirements of this paragraph; or
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(iii)
where there has been—
(a)
made against an officer or a servant of the
Council any order of detention, supervision, restricted residence, banishment or deportation; or
(B)
imposed on an officer or a servant of the Council any form of restriction or supervision by bond or otherwise, under any law relating to the security of Malaysia or any part thereof, prevention of crime, preventive detention, restricted residence, banishment, immigration, or protection of women and girls;
(d)
may provide for the interdiction with reduced emoluments of an officer or a servant of the Council during the pendency of a criminal proceeding against him or disciplinary proceeding against him with the view to his dismissal or reduction in rank; and
(e)
may provide for the suspension without emoluments of an officer or a servant of the Council—
(i)
where the officer or servant has been convicted by a criminal court; or
(ii)
where an order of detention or restriction has been made in respect of or imposed on the officer or servant.
Imposition of surcharge 16e. (1) A person who is or was in the employment of the
Council may be surcharged if it appears to the Council that the person—
(a)
has failed to collect moneys owing to the Council for the collection of which he is or was responsible;
(b)
is or was responsible for any improper payment of moneys from the Council 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, stores or other property of the Council;
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(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, or is or was responsible for any delay in the payment from the Council, of moneys to any person to whom such payment is due under any law or under any contract, agreement or arrangement entered into between that person and the Council.
(2)
The Council, before a person is surcharged, shall 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 fourteen days from the date of service of the notice in subsection (2), the
Council may—
(a)
in the case of paragraphs (1)(a), (1)(b) and (1)(c), surcharge against the person a sum not exceeding the amount not collected, or of the improper payment made, or of the deficiency in or destruction of the property caused;
and
(b)
in the case of paragraphs (1)(d) and (1)(e), surcharge against the person such sum as the Council deems fit.
(4)
The Council shall notify the person surcharged in respect of any surcharge made under subsection (3).
(5)
Notwithstanding subsections (3) and (4), the Council 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 Council shall forthwith notify the person surcharged of the withdrawal.
(6)
The amount of any surcharge made under subsection (3)
and not withdrawn under subsection (5) shall be a debt due to the Council from the person surcharged and may be sued for and recovered in any court at the suit of the Council and may also, if the Council 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.
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(7)
For the purposes of paragraph (1)(d), “accounting officer”
includes every officer and servant who is charged with—
(a)
the duty of collecting, receiving or accounting for, or who in fact collects, receives or accounts for, any moneys of the Fund;
(b)
the duty of disbursing, or who does in fact disburse, any moneys of the Fund; or
(c)
the receipt, custody or disposal of, or the accounting for, any stores or property of the Council, or who in fact receives, holds, disposes or accounts for such stores or property.
Council may adopt regulations, etc.