Malaysia legislation
Section 10
Section 10
The Lembaga shall not later than the 30th day of June of each year, cause to be made and transmitted to the Minister a report dealing with the activities of the Lembaga during the preceding year and containing information relating to the proceedings and policy of the Lembaga as the Minister may from time to time require.
No person having interest to be appointed as member or employed as officer or servant of the Lembaga 10a. (1) Subject to subsection (2), no person shall be appointed as a member or be employed as an officer or a servant of the
Lembaga if he has any interest, directly or indirectly, in—
(a)
an enterprise in which the Lembaga has entered or proposes to enter into equity participation pursuant to paragraph 4(2)(k);
(b)
a corporation or company established, promoted, expanded or registered pursuant to subsections 4(3) and 4(4); or
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(c)
a company or an undertaking with which the Lembaga or an enterprise, a corporation or company mentioned in paragraph (a) or (b) proposes to make a contract or has made a subsisting contract.
(2)
Notwithstanding subsection (1) and subject to subsection
(3)
, such person may be appointed as a member of the Lembaga under paragraph 3(3)(h) but in so appointing him the Minister may impose any conditions or restrictions the Minister may deem fit.
(3)
Prior to his being appointed as a member or being employed as an officer or a servant of the Lembaga, every person shall disclose fully—
(a)
to the Minister in the case of a person to be appointed as a member; and
(b)
to the Lembaga in the case of a person to be employed as an officer or a servant, any such interest as is mentioned in subsection (1), and on his being so appointed or employed, such person shall not further acquire any such interest.
(4)
Subject to subsection 10b(1), a member who is appointed or an officer or a servant who is employed contrary to subsection (1), or who on being appointed or employed further acquires any such interest, shall have his appointment revoked forthwith by the Minister or his employment terminated by the
Lembaga without notice, as the case may be.
(5)
Any person, member, officer or servant who contravenes this section, section 10b or a condition or restriction imposed under this section or section 10b commits an offence and shall be liable on conviction to imprisonment for a term not exceeding five years or to a fine not exceeding twenty-five thousand ringgit or to both.
(6)
For the purposes of this section and section 10b, the having or acquiring of any such interest as is mentioned in subsection (1) by his spouse or any of his children shall be deemed to give the person, member, officer or servant concerned an indirect interest.
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Disclosure of existing interest 10b. (1) Every member, officer or servant having any interest as is mentioned in subsection 10a(1) shall, within six months of the coming into force of this section, disclose fully to the Lembaga the fact of the interest and the nature hereof and such disclosure shall be recorded in the minutes of the Lembaga and the member shall at no time take part in any proceedings of the Lembaga relating to the undertaking, enterprise, company, corporation or contract in which he has the interest and the officer or servant shall cease to exercise all powers and duties in relation thereto, but the member, officer or servant may otherwise continue to be—
(a)
a member subject to any conditions or restrictions the
Minister may impose; or
(b)
an officer or a servant subject to any conditions or restrictions the Lembaga may impose.
(2)
Where the member having such interest is the Chairman, he shall vacate the chair and another member shall be elected to preside during the proceedings relating to the undertaking, enterprise, company, corporation or contract in which he has the interest.
(3)
Any member, officer or servant who contravenes this section commits an offence and shall be liable on conviction to the punishment provided in subsection 10a(5).
Surcharge 10c. (1) If it appears to the Lembaga that any person who is or was in the employment of the Lembaga—
(a)
has failed to collect any moneys owing to the Lembaga for the collection of which he is responsible;
(b)
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;
(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
Lembaga;
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(d)
being or having been an accounting officer, fails or has failed to keep proper accounts or records;
(e)
has failed to make any payment, or is or was responsible for any delay in the payment, of 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 Lembaga, the Lembaga 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 Lembaga 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 Lembaga 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
Lembaga may surcharge against the said person such sum as the
Lembaga may think fit.
(2)
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.
(3)
The Lembaga 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.
(4)
The amount of any surcharge made under subsection (1)
and not withdrawn under subsection (3) shall be a debt due to the
Lembaga from the person against whom the surcharge is made and may be sued for and recovered in any court at the suit of the Lembaga and may also be recovered by deduction—
(a)
from the salary of the person surcharged if the Lembaga so directs; or
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(b)
from the pension of the person surcharged if the Lembaga 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.