Section 17A

has failed to collect any moneys owing to the Institute for the collection of which he is responsible;

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Malaysian Agricultural Research and Development Institute 17

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 vouched;

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

Institute;

being or having been an accounting officer, fails or has failed to keep proper accounts or records;

has failed to make any payment, or is or was responsible for any delay in the payment, or moneys from the Fund to any person to whom such payment is due under any contract, agreement or arrangement entered into between that person and the Institute, the Board 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 Board with regard to the failure to collect payment which ought not to have been made, payment not duly vouched, deficiency or destruction, or failure to keep proper accounts or records, or failure to make payment, or delay in making payment, the Board 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, 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 Board may surcharge against the said person such sum as the Board may think fit.

The Chairman shall cause the Director General to be notified of any surcharge made under subsection (1) and the

Director General shall thereupon notify the person surcharged.

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 Chairman shall at once cause the Director General to be notified of such withdrawal.

The amount of any surcharge made under subsection (1)

and not withdrawn under subsection (3) shall be a debt due to the

Institute from the person against whom the surcharge is made and 011e [A1160].fm Page 17 Monday, March 27, 2006 11:29 AM

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may be sued for and recovered in any court at the suit of the

Institute and may also be recovered by deduction—