Malaysia legislation
Section 57
Section 57
(a)
is or was responsible for any improper payment of moneys from the Fund or for any payment of such moneys which is not duly vouched;
(b)
is or was responsible for any deficiency in, or for the destruction of, any moneys, securities, stores or other property of the Organization;
(c)
being or having been an accounting officer, fails or has failed to keep proper accounts or records; or
(d)
has failed to make any payment, or is or was responsible for any delay in the payment of money 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 Organization.
(2)
The Board shall, before a person is surcharged under subsection (1), serve on him a notice in writing calling on him to show cause why he should not be surcharged.
(3)
If a satisfactory explanation is not received within thirty days from the date of service of the notice under subsection (2), the Board may―
(a)
in the case of paragraphs 1(a) and (b), surcharge against the person, a sum not exceeding the amount not collected, or of the improper payment made, or of the deficiency in the value of, or loss of, the moneys, security, store or other property of the Organization; and
(b)
in the case of paragraphs (1)(c) and (d), surcharge against the person such sum as the Board thinks fit.
(4)
The Board 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.
(5)
Notwithstanding subsections (3) and (4), the Board may at any time withdraw any surcharge in respect of which a satisfactory
Self-Employment Social Security 43
explanation has been received or if it otherwise appears that no surcharge should have been made, and the Board shall cause the
Director General to be notified of the withdrawal and the Director
General shall thereupon notify the person surcharged.
(6)
The amount of any surcharge made under subsection (3) and not withdrawn under subsection (5) shall be a civil debt due to the
Organization from the person surcharged and may be sued for and recovered in any court at the suit of the Organization and may also, if the Board so directs, be recovered by deduction―
(a)
from the salary of the person surcharged; or
(b)
from the pension of the person surcharged, by equal monthly instalments not exceeding one-fourth of the total monthly salary or pension of that person, as the case may be.