Section 35

has failed to collect any moneys owing to the Corporation for the collection of which he is resposible;

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 approved;

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

Corporation;

Malaysia External Trade Development Corporation 27

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

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 Corporation, the Corporation 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 Corporation with regard to the failure to collect, payment which ought not to have been made, payment not duly approved, deficiency or destruction, or failure to keep proper accounts or records, or failure to make payment, or delay in making payment, the Corporation 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 Corporation may surcharge against the said person such sum as the Corporation may think fit.

The Chairman shall cause the Chief Executive Officer to be notified of any surcharge made under subsection (1) and the Chief

Executive Officer shall thereupon notify the person surcharged.

The Corporation 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 Chief Executive Oficer 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The amount of any surcharge made under subsection (1) and not withdrawn under subsection (3) shall be a debt due to the

Corporation from the person against whom the surcharge is made and may be sued for and recovered in any court at the suit of the

Corporation and may also be recovered by deduction—