Malaysia legislation
Section 18
Section 18
(a)
has failed to collect any moneys owing to the Perbadanan 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 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
Perbadanan;
(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, of moneys from the Fund to any person to whom such payment is due under any
Perbadanan Putrajaya 17
contract, agreement or arrangement entered into between that person and the Perbadanan, the Perbadanan 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 Perbadanan 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 Perbadanan 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 Perbadanan may surcharge against the said person such sum as it thinks fit.
(2)
When a surcharge is made under subsection (1), the Chief
Executive shall notify the person surcharged.
(3)
The Perbadanan 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
Chief Executive shall at once cause the person surcharged 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The amount of any surcharge made under subsection (1) and not withdrawn under subsection (3) shall be a debt due to the
Perbadanan from the person against whom the surcharge is made and may be sued for and recovered in any court at the suit of the
Perbadanan and may also be recovered by deduction—
(a)
from the salary of the person surcharged if the
Perbadanan so directs; or
(b)
from the pension of the person surcharged if the
Perbadanan so directs, by equal monthly instalments not exceeding one-fourth of the total monthly salary or pension, as the case may be, of that person.
18 Laws of Malaysia
Perbadanan may adopt regulations, etc.