Section 12
of Sabah Economic Development Corporation Conduct And Discipline Rules 1992
Section 12
(1)
The General Manager shall obtain report from the Registrar or Senior Assistant
Registrar of the High Court in respect of proceedings in the High Court and Registrar of the
Subordinate Courts in respect of proceedings in the Sessions and Magistrates Courts on every case of an employee –
10
(a)
who, being a judgment debtor, does not appear from the file of the suit to have settled the debt within one month from the date of judgment;
(b)
who has filed his own petition in bankruptcy or for a wage earner's administration order; or
(c)
against whom a creditor's petition in bankruptcy has been presented.
(2)
The General Manager shall obtain report from the Official Assignee as soon as the latter has sufficiently investigated the affairs of an employee who is a bankrupt or an insolvent wage earner, on the following:
(a)
the Statement of Affairs filed by the bankrupt or an insolvent wage earner in accordance with the bankruptcy law in force from time to time;
(b)
the amount of instalment order proposed or made;
(c)
whether or not the Official Assignee proposes to initiate any further proceedings and, if so a brief indication of their nature;
(d)
the main cause of the bankruptcy;
(e)
whether in his opinion the case involves unavoidable misfortune, dishonourable conduct or any other special circumstances, favourable or unfavourable to the employee;
(f)
any other matter which in his discretion he thinks it proper to mention.
(3)
On consideration of the report under sub-rule (2) of this rule and a report by
General Manager on the employee's work and conduct before and since he has been in serious pecuniary indebtedness the Disciplinary Authority shall decide whether to take disciplinary action, and if so, what action to be taken.
(4)
If the punishment imposed under sub-rule (3) of this rule takes the form of a stoppage or deferment of increment, the Disciplinary Authority may, on the expiry of the said stoppage or deferment of increment, order that an amount equivalent to the restored increment be added to the instalments payable to the Official Assignee or any judgment creditor.
11
(5)
An employee who obtains annulment of his bankruptcy may be treated as having fully restored his credit.
Lending money.