Malaysia legislation
Section 23
Section 23
Rules
The Lembaga may with the approval of the Minister make rules generally for the carrying out of the provisions of this Act, and in particular but without prejudice to the generality of the foregoing, such rules may—
(a)
regulate the control and management of any assistance
(whether financial or otherwise) which may be afforded to fishing enterprises;
(b)
prescribe such fees or charges as may be necessary for the purposes of this Act;
(c)
with the approval of the Minister of Finance provide for the establishment and management of a contributory provident fund for officers and servants of the Lembaga, or for the payment of pensions, allowances or gratuities to the said officers and servants on retirement or otherwise ceasing to hold office as such officers and servants;
(d)
prescribe anything required by this Act to be prescribed;
and
(e)
prescribe that any act or omission in contravention of the provisions of any such rules shall be an offence.
Act 49
Power to make disciplinary regulations 23a. (1) The Lembaga may, with the approval of the Minister, make such disciplinary regulations as it deems necessary or expedient to provide for the discipline of the officers and servants of the Lembaga.
(2)
The disciplinary regulations made by the Lembaga under this section may include provisions for the interdiction with reduction in salary or in other remuneration, or provisions for the suspension without salary or other remuneration, of an officer or servant of the Lembaga during the pendency of disciplinary proceedings.
(3)
The disciplinary regulations made under this section shall create such disciplinary offences and provide for such disciplinary punishments as the Lembaga may deem appropriate, and the punishments so provided may extend to dismissal or reduction in rank.
(4)
The disciplinary regulations made under this section shall, in prescribing the procedure for disciplinary proceedings, provide for an opportunity for the person against whom disciplinary proceedings are taken to make representations against the disciplinary charge laid against him before a decision is arrived at by the Disciplinary
Committee except in the following cases:
(a)
where an officer or servant of the Lembaga is dismissed or reduced in rank on the ground of conduct in respect of which a criminal charge has been proved against him;
(b)
where the Lembaga, on the recommendations of the
Minister charged with the responsibility for home affairs, is satisfied that in the interest of the security of Malaysia or any part thereof it is not expedient to carry out the requirements of this subsection; or
(c)
where there has been made against an officer or a servant of the Lembaga any order of detention, supervision, restricted residence, banishment or deportation, or where there has been imposed on an officer or a servant of the Lembaga any form of restriction or supervision by bond or otherwise, under any law relating to the security of Malaysia or any part thereof, prevention of crime, preventive detention, restricted residence, banishment, immigration, or protection of women and girls.
Lembaga Kemajuan Ikan Malaysia 25
(5)
The disciplinary regulations made under this section shall provide for procedure for the hearing of an appeal against the decision of the Disciplinary Committee.
(6)
For the purpose of this section, “officer” includes the
Director General.
Termination in the public interest 23b. (1) Where the Lembaga finds or where representations are made to the Lembaga that it is desirable that the service of an officer or a servant be terminated in the public interest, the
Lembaga may call for a full report from the superior officer of the officer or servant against whom the representations are made which shall contain particulars relating to the work and conduct of the officer or servant.
(2)
If, after considering the report received under subsection (1), the Lembaga is satisfied that having regard to the conditions of service, the usefulness of the officer or servant, the work and conduct of the officer or servant and all other circumstances of the case, it is desirable in the public interest so to do, the Lembaga may terminate the service of the officer or servant with effect from such date as the Lembaga shall specify.
(3)
It shall be lawful for the appropriate Disciplinary Committee to recommend to the Lembaga that the service of an officer or a servant be terminated in the public interest notwithstanding that disciplinary proceedings have not been carried out under this Act and the Lembaga may so terminate the service of the officer or servant.
(4)
Notwithstanding anything in this Act and any other law to the contrary, in terminating the service of an officer or servant in the public interest under this section, the officer or a servant may not be given any opportunity of being heard and an officer or a servant whose service has been terminated in the public interest under this section shall not be regarded as having been dismissed, regardless of whether the termination of service of the officer or servant involved an element of punishment or was connected with conduct in relation to his office which the Lembaga regards as unsatisfactory or blameworthy.
Act 49
Secrecy and penalty