Malaysia legislation

Section 44

of *STATUTORY BODIES (DISCIPLINE AND SURCHARGE) ACT 2000

Section 44

(a)

reducing the grade of the officer to one lower grade in the same scheme of service; and

(b)

determining the salary of the officer using the method in subregulation (2).

(2)

The methods to determine the salary of the officer who is imposed with the punishment of reduction in rank are as follows:

(a)

subject to paragraphs (b) and (c), the new salary of the officer shall first be reduced its amount by one annual salary increment at the grade before his reduction in rank and that amount shall be the officer’s salary at the reduced grade;

(b)

if the salary is higher than the maximum salary at the reduced grade, the maximum salary at the reduced grade shall be the salary of the officer at the reduced grade;

(c)

if the salary is less than the minimum salary at the reduced grade, the minimum salary at the reduced grade shall be the salary of the officer at the reduced grade; or

(d)

for an officer who is not provided with a salary point but was reduced in rank to a grade which is provided with a salary point, his substantive salary before the punishment is imposed shall be first reduced by fifteen percent and thereafter his salary shall be determined at a salary point which is lower, but nearest, in the salary schedule for the reduced grade, and if the nearest salary point is equal to or less than the minimum salary of the reduced grade, the salary of the officer shall be determined at the minimum salary point of the reduced grade.

(3)

If the punishment of reduction in rank is combined with the punishment of reduction of salary, both punishments shall be carried out simultaneously and paragraphs (a), (b) and (c) shall be applied according to whichever is appropriate.

44 Laws of Malaysia ACT 605

(4)

The punishment of reduction in rank is not applicable to an officer on lateral appointment and contract appointment.

INTERDICTION AND SUSPENSION

Interdiction for the purpose of investigation