Malaysian Rubber Board (Incorporation) Act 1996 · s 25

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25.
Imposition of surcharge
(1) A person who is or was in the employment of the Board may be  surcharged if it appears to the Board that the person—
(a) has failed to collect moneys owing to the Board for the collection  of which he is or was responsible;
(b) is or was responsible for any improper payment of moneys from the Board or for any payment of moneys which is not duly approved;
(c) is  or  was  responsible,  directly  or  indirectly,  for  any deficiency  in,  or  for  the  destruction  of,  any  moneys, stores or other  property of the Board;
(d) being or having been an accounting officer, fails or has failed to  keep proper accounts or records; or
(e) has failed to make any payment, or is or was responsible for any delay in the payment from the Board, of moneys

26                                     Laws of Malaysia                            ACT 551
to any person to  whom such payment is due under any law  or  under  any  contract,  agreement  or  arrangement entered into between that person and  the Board.
(2) The Board shall, before the person is surcharged, serve on him a written notice calling on him to show cause why he should not be  surcharged.
(3) If a satisfactory explanation is not received within fourteen days from  the date of service of the aforesaid notice, the Board may—
(a) in the case of paragraphs (1)(a), (b) and (c), surcharge against the  person a sum not exceeding the amount not collected, or of the  improper payment made, or of the deficiency in or destruction of the property caused;
(b) in the case of paragraphs (1)(d) and (e), surcharge against the  person,  such sum as the Board thinks fit.

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s 25Imposition of surcharge

(1)

A person who is or was in the employment of the Board may be surcharged if it appears to the Board that the person—

(a)

has failed to collect moneys owing to the Board for the collection of which he is or was responsible;

(b)

is or was responsible for any improper payment of moneys from the Board or for any payment of moneys which is not duly approved;

(c)

is or was responsible, directly or indirectly, for any deficiency in, or for the destruction of, any moneys, stores or other property of the Board;

(d)

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

(e)

has failed to make any payment, or is or was responsible for any delay in the payment from the Board, of moneys

26 Laws of Malaysia ACT 551

to any person to whom such payment is due under any law or under any contract, agreement or arrangement entered into between that person and the Board.

(2)

The Board shall, before the person is surcharged, serve on him a written notice calling on him to show cause why he should not be surcharged.

(3)

If a satisfactory explanation is not received within fourteen days from the date of service of the aforesaid notice, the Board may—

(a)

in the case of paragraphs (1)(a), (b) and (c), surcharge against the person a sum not exceeding the amount not collected, or of the improper payment made, or of the deficiency in or destruction of the property caused;

(b)

in the case of paragraphs (1)(d) and (e), surcharge against the person, such sum as the Board thinks fit.