Malaysia legislation
Section 19
Section 19
(a)
is or was responsible for any improper payment of moneys from the Fund or for any payment of such moneys which is not duly vouched;
(b)
is or was responsible for any deficiency in, or for the destruction of, any moneys, securities, stores or other property of the Corporation;
(c)
being or having been an accounting officer, fails or has failed to keep proper accounts or records; or
(d)
has failed to make any payment, or is or was responsible for any delay in the payment, of moneys from the
Corporation to any person to whom such payment is due under any contract, agreement or arrangement entered into between that person and the Corporation, and if a satisfactory explanation is not furnished to the Board within a period specified by the Board, with regard to the failure to collect, improper payment, 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, 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 Board may surcharge against the said person such sum as the Board may think fit.
(2)
The Board shall notify the person surcharged of its decision made under subsection (1).
(3)
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 notify the person concerned accordingly.
(4)
The amount of any surcharge imposed under subsection (1)
and not withdrawn under subsection (3) shall be a debt due to the
Corporation from the person against whom the surcharge is imposed and may be sued for and recovered in any court at the suit of the
Corporation and may also be recovered by deduction—
(a)
from the salary of the person surcharged if the Board so directs; or
(b)
from the pension or any retirement benefits of the person surcharged if the Board so directs, by equal monthly instalments not exceeding one-fourth of the total monthly salary or pension, as the case may be, of the person.
Protection from personal liability