Malaysia legislation
Section 18A
Section 18A
Disciplinary committees
(2)
For the purposes of this section—
(a)
there shall be established a disciplinary committee of the
Board in respect of the Director General consisting of—
(i)
the Chairman, who shall be the chairman of the committee; and
(ii)
two members of the Board to be appointed by the
Board; and
(b)
the Board may, by notification in the Gazette, establish different disciplinary committees for different categories of officers or servants of the Board.
(3)
The following shall apply to any disciplinary committee established pursuant to paragraph (2)(b):
(a)
such committee shall consist of any number of members of the Board or officers of the Board or any combination of such members and officers; and
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(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 committee of which he is a member has disciplinary authority.
(4)
A 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.
(5)
In the exercise of its disciplinary functions and powers, a disciplinary committee referred to under subsection (2) shall have the power to take disciplinary action and impose disciplinary punishment as may be provided for under any regulations that may be made under section 18B.
(6)
A decision of—
(a)
the disciplinary committee referred to under paragraph
(2)
; and
(b)
any disciplinary committee referred to under paragraph
(2)
, shall be appealable to—
(i)
the Minister; or
(ii)
the Board, respectively, and the Minister or the Board, as the case may be, may confirm, reverse or vary such decision.
(7)
When the Board considers an appeal under subsection (6), a member of the disciplinary committee against whose decision the appeal is made who is also a member of the Board shall not be present or in any way participate in any proceedings relating to that appeal.
(8)
A decision of the Minister or the Board under subsection
(6)
shall be final and conclusive.
Power to make disciplinary regulations