Malaysia legislation
Section 32
Section 32
Imposition of surcharge
(a)
has failed to collect moneys owing to the Akademi 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;
(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 Akademi;
(d)
being or having been an accounting officer, fails or has failed to keep proper accounts or records; or
Akademi Seni Budaya dan Warisan Kebangsaan 29
(e)
has failed to make any payment, or is or was responsible for any delay in the payment from the Akademi, of moneys to any person to whom the payment is due under any law, contract, agreement or arrangement entered into between that person and the Akademi.
(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 Akademi; 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.
(6)
The amount of any surcharge made under subsection (3) and not withdrawn under subsection (5) shall be a debt due to the
Akademi from the person surcharged and may be sued for and recovered in any court at the suit of the Akademi 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 Rector, the composition of the Board for the purposes of subsections (1) to (6) shall not include the Rector.
(8)
For the purposes of paragraph (1)(d), “accounting officer”
includes every staff of the Akademi charged with the duty of collecting, receiving, or accounting for, or who in fact collects, receives or accounts for, any money of the Akademi, 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 Akademi or who in fact receives, holds or disposes of such money, stamp, security, store or property.