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Statutory Bodies (Conduct and Discipline) Ordinance, 2004 is Malaysia State Ordinance, cited as State Ordinance Cap. 57 2004, currently marked in force and first recorded in 2004.
Incorporating all amendments up to 30th November, 2007
PREPARED AND PUBLISHED BY
THE COMMISSIONER OF LAW REVISION, SARAWAK
UNDER THE AUTHORITY OF THE REVISION OF LAWS ORDINANCE, 1992 2007
(CONDUCT AND DISCIPLINE) ORDINANCE, 2004
Date Passed by Dewan Undangan
Negeri
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15th June, 2004
Date of Assent
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28th June, 2004
Date of Publication in Gazette
30th June, 2004
1
LAWS OF SARAWAK
Opening note
This Ordinance shall come into operation on a date to be appointed by the Chief Minister by notification in the *Gazette.
Application
This Ordinance shall apply to the statutory bodies incorporated by State laws listed in the First Schedule.
Relationship of this Ordinance and incorporating law
This Ordinance shall be read together and construed as one with the incorporating law of a statutory body.
Interpretation
In this Ordinance—
“Board” means the statutory body itself or, where the incorporating law provides for a separate board, council or committee by whatever name called to carry out the functions of the statutory body and to have charge of the general management and administration of the statutory body, that board, council or committee;
“Disciplinary Appeal Committee” means the committee referred to in section 7;
“Disciplinary Committee” means the committee referred to in section 6;
“disciplinary offence” means the breach of any provision of the code of conduct set out in the Regulations, and includes any act or omission in respect of which disciplinary action may be taken under the Regulations;
“emoluments” means any remuneration, inclusive of salary, fixed rewards, incentive payments and monthly allowances, which is due to be paid to an officer each month;
“General Manager” means the person, by whatever name called, who is charged with the day to day administration and management of the affairs of a statutory body;
“Head of Department” means an officer who is responsible for a department, division, unit or branch of a statutory body, and includes the General Manager and any officer authorized in writing by the Board to carry out the functions of a Head of
Department for any period of time;
“incorporating law” means the State law by which a statutory body is incorporated;
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“Minister”, in relation to a statutory body, means the
Minister charged with the responsibility for the statutory body under the incorporating law or under Article 9 of the Constitution of the State of Sarawak [G.N.S. 163/63];
“Ministry” means the Ministry responsible for a statutory body;
“officer” means a person who is employed on a permanent, temporary or contractual basis by a statutory body, and is paid emoluments by the statutory body, and includes any such person who is seconded to any subsidiary company of the statutory body or any other statutory body or any Ministry, department or agency of the Federal Government or any department or agency of the Government of any State or any company in which the
Federal Government or the Government of any State has an interest;
“Regulations” means the Regulations in the Second
Schedule;
“salary” means the basic salary of an officer;
“State law” means an Ordinance which relates to any matter with respect to which the Dewan Undangan Negeri may make laws or subsidiary legislation made under such Ordinance;
“statutory body” means a body, by whatever name called, incorporated by State law for the purposes of the State
Government, but does not include a local authority other than the
Bintulu Development Authority.
Application of Regulations
subject to subsection (2), a company which is wholly owned by a statutory body or is a subsidiary thereof.
In the application of the Regulations to a company which is wholly owned by or is a subsidiary of a statutory body, the following modifications shall be made thereto:
any reference to a statutory body shall be deemed to be a reference to a company which is wholly owned by or is a subsidiary of a statutory body;
any reference to “Malaysian Remuneration System” or similar scheme of service shall be construed as a reference to the terms and conditions of officers of such company as at the date of commencement of this Ordinance; and
any modification made by the Minister with the concurrence of the Chief Minister, by notification in the Gazette.
For the purpose of this section, any company which is wholly owned by or a subsidiary of the State Financial Secretary, a corporation incorporated under the State Financial Secretary
(Incorporation) Ordinance [Cap. 36] shall be deemed to be a company owned by or is a subsidiary of a statutory body.
Disciplinary authority
In the exercise of its disciplinary jurisdiction, the
Disciplinary Committees shall comply with the procedures set out in the Regulations and shall have the power to take the disciplinary action and impose the disciplinary punishments set out in the
Regulations.
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Appeals
An officer who has been found guilty of a disciplinary offence by a Disciplinary Committee may appeal against such decision to the appropriate Disciplinary Appeal Committee established in accordance with Part II of the Third Schedule and the
Appendix to that Schedule and the provisions of that Part shall apply to, and be complied with by, every Disciplinary Appeal Committee so established.
Termination of service
, the Board is satisfied that, having regard to the conditions of service, the work, the conduct and the usefulness of the officer and all other circumstances of the case, it is desirable in the public interest to do so, the Board may terminate the service of that officer from such date as the Board shall specify.
Recommendation by Disciplinary Committee
A recommendation to the Board under subsection (1) shall be accompanied by a full report of the grounds upon which such recommendation is based.
The Board may direct the General Manager or any other officer to submit to the Board any additional information in respect of the officer as the Board may require.
and any additional information submitted under subsection (3), the
Board is satisfied that, having regard to the conditions of service, the work, the conduct and the usefulness of the officer and all other circumstances of the case, it is desirable in the public interest to do so, the Board may terminate the service of that officer from such date as the Board shall specify.
Opportunity to be heard
Notwithstanding anything in this Ordinance and any other law to the contrary, before the Board makes a decision under section 8
or 9 to terminate the service of an officer, the Board shall give that officer an opportunity to be heard.
Termination of service is not dismissal
The termination of service of an officer under section 8 or 9
is not and shall not be regarded as a dismissal notwithstanding that the termination involves an element of punishment or is connected with conduct in relation to his office which the Board regards as unsatisfactory or blameworthy.
Retirement in the public interest
Notwithstanding sections 8 and 9, the Board may, with the consent of the pensions authority, require any officer to retire from the service of a statutory body under section 10(5)(d) of the Statutory and
Local Authorities Pensions Act 1980 [Act 239].
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Power to amend Schedules
No amendment shall be made under subsection (1) which has the effect of depriving any person of an opportunity to be heard before a decision is made in any disciplinary proceeding against him.
Power to issue directives
For the purpose of ensuring that the provisions of this
Ordinance are complied with by every statutory body for which he is responsible, the Minister may issue such directives as he thinks necessary or expedient.
Power to exempt or vary
The power conferred in subsection (1) shall be exercised only for the purpose of adapting the Regulations or the Third Schedule to the organizational or management structure of the statutory body as provided in its incorporating law.
The Chief Minister may, by direction published in the
Gazette, exempt any company which is wholly owned by a statutory body or which is a subsidiary thereof, from the Regulations and the
Third Schedule.
Public Authorities Protection Act 1948
The Public Authorities Protection Act 1948 [Act 198] shall apply in respect of any action, litigation, prosecution or proceedings against the Board or any member, officer or agent of the Board in relation to any act done in pursuance or execution or intended execution of any of the provisions of this Ordinance or in respect of any alleged neglect or default in the execution of any of such provisions.
Administrative directives by the Board
No directive which is inconsistent with this Ordinance shall be issued under subsection (1).
Conflict with other State laws
In the event of any conflict between any provision of this
Ordinance and any provision of other State laws, the provision of this
Ordinance shall prevail.
TRANSITIONAL
Cessation of application of certain provisions of incorporating law
Upon the commencement of this Ordinance—
the provisions relating to conduct and discipline, and the termination of service of officer in the public interest in the incorporating law of a statutory body and all subsidiary legislation made thereunder or pursuant thereto, shall cease to apply to the statutory body except as provided in section 20; and
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the provisions contained in any terms and conditions of service or any Employees’ Handbook relating to conduct and discipline of officers issued by a company wholly owned by a statutory body or a subsidiary thereof, shall be deemed to have been superseded or substituted by the Regulations, subject to the modifications to be made under section 5(2):
Provided that nothing herein shall affect or prejudice any breach of discipline or any disciplinary action taken against an officer of that company prior to the date of coming into force of this Ordinance, and the provisions of section 20 shall apply to such breach of discipline or disciplinary proceedings.
Saving and transitional
Any disciplinary offence committed or alleged to have been committed by an officer of a statutory body before the commencement of this Ordinance shall be dealt with under the provisions of the incorporating law of the statutory body.
Notwithstanding subsections (1) and (2), the officer referred to in these subsection may elect to have the proceedings or disciplinary offence committed or alleged to have been committed by him dealt with under this Ordinance, and if he so elects the proceedings or disciplinary offence shall be dealt with in accordance with this Ordinance.
FIRST SCHEDULE
(Section 2)
STATUTORY BODIES TO WHICH THIS ORDINANCE APPLIES
Name of Statutory Body
Incorporating Law
Brooke Dockyard and Engineering
Works Corporation Ordinance [Cap.
100 (1958 Ed.)] (To be repealed on the coming into force of Cap. 11).
Lembaga Kemajuan Bintulu (Bintulu
Development Authority) Ordinance,
1978 [Ord. No. 1/78].
Sarawak
Biodiversity
Centre
Ordinance, 1997 [Cap. 24].
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Name of Statutory Body
Incorporating Law
Water Ordinance, 1994 [Cap. 13]
SECOND SCHEDULE
(Section 5)
STATUTORY BODIES DISCIPLINARY REGULATIONS
These Regulations shall apply to an officer of a statutory body throughout the period of his service and, in respect of an officer who has not opted into the Malaysian Remuneration System, shall apply with such modifications as are necessary and proper having regard to his conditions of service.
The breach by an officer of any provision of the code of conduct set out in these Regulations shall render him liable to disciplinary action.
Interpretation 2.—
(1)
In these Regulations—
“child” means—
a posthumous child, a dependant step-child and an illegitimate child of the officer;
a child adopted by the officer under any written law relating to adoption or under any custom or usage, upon satisfactory evidence of that adoption; and
a child of any age who is mentally retarded or physically and permanently incapacitated and is incapable of supporting himself;
“conviction” or “convicted”, in relation to an officer, means a finding by a criminal court, including a Syariah Court, which has competent jurisdiction under any written law that such officer is guilty of a criminal offence;
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“co-operative society” means a co-operative society registered under the
Co-operative Societies Act 1993 [Act 502];
“court” means a court, including a Syariah Court, which has competent jurisdiction to try a person for a criminal offence;
“financial institution” means a bank or financial institution licensed under the Banking and Financial Institutions Act 1989 [Act 372] or an Islamic bank licensed under the Islamic Banking Act 1983 [Act 276];
“insurer” means an insurer licensed under the Insurance Act 1996 [Act 553] or a takaful operator registered under the Takaful Act 1984 [Act 312];
“Malaysian Remuneration System” means the salary scheme and conditions of service of officers of statutory bodies as revised and amended by the Federal Government, effective as from the 1st day of November 2002.
Unless the context otherwise requires, a reference to an officer in relation to a statutory body is a reference to an officer employed by that statutory body and a reference to a statutory body in relation to an officer is a reference to a statutory body by whom that officer is employed.
General 3.—
(1)
An officer shall at all times give his undivided loyalty to the State, the
Government and the statutory body.
An officer shall not—
conduct himself in such a manner as is likely to bring his private interests into conflict with his duty to the statutory body;
he has allowed his private interests to come into conflict with his duty to the statutory body so as to impair his usefulness as an officer of the statutory body; or
he has used his position as an officer of the statutory body for his personal advantage;
take part, either directly or indirectly, in the management or dealings of any commercial, agricultural or industrial undertaking;
undertake for reward any work with any institution, company, firm or private individual;
as an expert, furnish any report or give any evidence, whether gratuitously or for reward.
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conduct himself in such a manner as to bring the statutory body into disrepute or to bring discredit to the statutory body;
bring or attempt to bring any form of outside influence or pressure to support or advance any claim relating to or against the statutory body, whether the claim is his own claim or that of any other officer of the statutory body;
be insubordinate or conduct himself in any manner which can be reasonably construed as being insubordinate;
commit any act or omission which contravenes any of the provisions of this Ordinance or these Regulations or of any other written laws regulating his conduct as an officer of a statutory body.
Outside employment 4.—
(1)
Unless and to the extent that he is required or authorized to do so in the course of his duties as an officer of a statutory body, an officer shall not—
Notwithstanding subregulation (1), an officer may, with the prior written permission of the General Manager, carry on any of the activities or perform any of the services specified in that subregulation, either for his benefit or for the benefit of his close relatives or any non-profit-making body of which he is an office-bearer.
In considering whether or not permission should be granted to any officer under subregulation (2), the General Manager shall have regard to the code of conduct as laid down in regulation 3 and shall ensure that the activity or service—
does not take place during office hours and during such time when the officer is required to perform his official duties;
does not in any way tend to impair the officer’s usefulness as an officer of the statutory body; and
does not in any way tend to conflict with the interests of the statutory body, or be inconsistent with the officer’s position as an officer of the statutory body.
Except as may otherwise be determined by the Board, all sums of money received by an officer as remuneration for carrying on any of the activities or performing any of the services mentioned in subregulation (1) shall be deposited with the statutory body pending the decision of the Board as to the amount, if any, which may be retained by the officer personally and by any other officer who assists such officer in carrying on the activity or performing the service.
Dress etiquette 5.—
(1)
An officer on duty shall always be properly attired in such manner as may be specified by the statutory body through directives issued from time to time by the Board.
An officer who is required to attend an official function shall be attired as specified for the function, and if the dress etiquette for such function is not specified, he shall be appropriately attired for such function.
Drugs 6.—
(1)
An officer shall not use or consume any dangerous drug, except as may be prescribed for his consumption for medicinal purposes by a medical practitioner who is registered under the Medical Act 1971 [Act 50], or abuse or be addicted to any dangerous drug.
If a Government Medical Officer certifies that an officer is using or consuming, other than for medicinal purposes, a dangerous drug or is abusing or addicted to a dangerous drug, that officer shall be liable to disciplinary action with a view to dismissal.
Notwithstanding subregulation (1), the service of an officer whom a
Government Medical Officer has certified to be using or consuming, other than for medicinal purposes, a dangerous drug or abusing or addicted to a dangerous drug may be terminated in the public interest under Part III of this Ordinance.
For the purpose of this regulation, “dangerous drug” means any drug or substance listed in the First Schedule to the Dangerous Drugs Act 1952 [Act 234].
Presents, etc.
The General Manager of an officer may, if he thinks fit, permit the officer to receive a letter of recommendation from any person, association, body or group of persons on the occasion of the officer’s retirement or transfer so long as such letter of recommendation is not enclosed in a receptacle of value.
The Head of Department may permit the collection of spontaneous contributions by officers under his charge for the purpose of making a presentation to an officer in his Department on the occasion of the officer’s retirement, transfer, marriage or any other appropriate occasions.
If—
an officer is in doubt as to whether the form, amount or value of a present received by him is commensurate with the purpose for which such present is given; or
the circumstances make it difficult for an officer to refuse a present or token of value, the receipt of which is prohibited by this regulation, such present may be formally accepted but the officer shall, as soon as practicable, submit to his Head of Department a written report containing a full description and the estimated value of the present and the circumstances under which it was received.
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Upon receipt of a report made under subregulation (4), the Head of
Department, with the approval of the General Manager, shall—
direct that the present be returned to the giver.
Entertainment 8.
An officer may give to or accept from any person any kind of entertainment if—
the entertainment does not in any manner influence the performance of his duties as an officer of the statutory body in the interest of that person; and
the giving or acceptance of such entertainment is not in any way inconsistent with regulation 3.
Ownership of property 9.—
(1)
An officer shall, on his appointment to the service of a statutory body or at any time thereafter as may be required by the Board, declare in writing to the appropriate Disciplinary Committee, through the General Manager, all properties owned by him or by his spouse or child or held by any person on his behalf or on behalf of his spouse or child.
An officer who does not own any property shall make a declaration in writing to that effect.
Where, after making a declaration under subregulation (1), an officer or his spouse or child acquires any property, either directly or indirectly, or any property acquired by him or by his spouse or child is disposed of, that officer shall immediately, through the General Manager, declare such acquisition or disposal of property to the appropriate Disciplinary Committee.
Where an officer or his spouse or child intends to acquire any property and the acquisition is inconsistent with regulation 3, the acquisition shall not be made without the prior written permission of the appropriate Disciplinary
Committee.
In deciding whether or not to grant permission under subregulation (4), the appropriate Disciplinary Committee shall have regard to the following matters:
the size, amount or value of the property in relation to the officer’s emoluments and any legitimate private means;
whether the acquisition or holding of such property will or is likely to conflict with the interests of the statutory body or with the officer’s position as an officer of the statutory body, or be in any way inconsistent with regulation 3;
the General Manager’s comments pertaining to the acquisition or ownership of the property;
any other factor which the appropriate Disciplinary Committee may consider necessary for upholding the integrity and efficiency of the statutory body and officers of the statutory body.
The appropriate Disciplinary Committee shall, if it is satisfied with the declaration of property made by the officer, direct the General Manager to record in the officer’s Records of Service that the declaration has been made.
Every declaration under subregulation (1) shall be classified as secret and every person who gains information under this regulation of any such declaration shall preserve its secrecy.
For the purpose of this regulation, “property” means any property, whether movable or immovable, which the officer is required from time to time by the Board to declare, being property which has been acquired by the officer through purchase, gift, inheritance or other means, and includes property acquired or held by the officer’s spouse or child.
Maintaining a standard of living beyond emoluments and legitimate private means 10.—
(1)
Where the General Manager is of the opinion that an officer is or appears to be—
maintaining a standard of living which is beyond his emoluments and other legitimate private means, if any; or
in control or in possession of pecuniary resources or property, movable or immovable, the value of which is disproportionate to, or which could not reasonably be expected to have been acquired by the officer with his emoluments and other legitimate private means, the General Manager shall, by notice in writing, call upon the officer to give a written explanation within a period of thirty days from the date of receipt of such notice on how he is able to maintain such standard of living or how he obtained such pecuniary resources or property.
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The General Manager shall, upon receipt of the explanation under subregulation (1) or, where the officer fails to give any explanation within the specified period, upon the expiry of such period, report this fact to the appropriate
Disciplinary Committee together with the officer’s explanation, if any.
Upon receipt of the report under subregulation (2), the appropriate
Disciplinary Committee may take disciplinary action against the officer or take such other action against the officer as it deems fit.
Borrowing money 11.—
(1)
No officer shall borrow from any person or stand as surety to any borrower, or in any manner place himself under a pecuniary obligation to any person—
who resides or possesses land or carries on business within the local limits of his official authority; or
Notwithstanding subregulation (1), an officer may borrow money from, or stand as surety to any person who borrows money from, any financial institution, insurer or co-operative society or incur debt through the acquisition of goods by means of hire-purchase agreements, if—
the financial institution, insurer or co-operative society from which the officer borrows is not directly subject to his official authority;
the borrowing does not and will not lead to public scandal and cannot be construed as an abuse by the officer of his position as an officer of the statutory body to his private advantage; and
the aggregate of his debts does not or is not likely to cause the officer to be in serious pecuniary indebtedness as defined under regulation 12(7) and (8).
Subject to subregulation (2), an officer may incur debts arising from—
sums borrowed on the security of land charged or mortgaged, where the sums borrowed do not exceed the value of the land;
sums borrowed from the Government, the statutory body or any co-operative society; or
payment due on goods acquired by means of hire-purchase agreements.
Serious pecuniary indebtedness 12.—
(1)
An officer shall not in any manner cause himself to be in serious pecuniary indebtedness.
Serious pecuniary indebtedness from whatever cause, other than as a result of unavoidable misfortune not contributed to in any way by the officer himself, shall be regarded as bringing disrepute to the statutory body and shall render the officer liable to disciplinary action.
Where serious pecuniary indebtedness has occurred as a result of unavoidable misfortune, the Board may give to the officer such assistance as the circumstances may warrant.
If an officer finds that his debts cause or are likely to cause serious pecuniary indebtedness to him, or civil proceedings arising from the debts have been instituted against him, he shall immediately report this fact to the General Manager.
An officer who fails or delays in reporting his serious pecuniary indebtedness or who reports his serious pecuniary indebtedness but fails to disclose its full extent or gives a false or misleading account of such indebtedness commits a breach of discipline and shall be liable to disciplinary action.
Without prejudice to the other provisions of this regulation, where an officer’s debts amount to serious pecuniary indebtedness but he has not been adjudged a bankrupt, the Head of Department shall monitor and, from time to time, report to the General Manager for review of the case.
For the purpose of this regulation, the expression “serious pecuniary indebtedness” means the state of an officer’s indebtedness which, having regard to the amount of debts incurred by him, has actually caused serious financial hardship to him.
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Without prejudice to the general meaning of the expression “serious pecuniary indebtedness” set out in subregulation (7), an officer shall be deemed to be in serious pecuniary indebtedness if—
the aggregate of his unsecured debts and liabilities at any given time exceeds six times his monthly emoluments;
he is a judgement debtor and the judgement debt has not been settled within the period specified in the judgement; or
he is a bankrupt, for so long as he is not discharged from bankruptcy or his adjudication of bankruptcy has not been annulled.
Report of serious pecuniary indebtedness 13.—
(1)
If an officer reports under regulation 12(4) that civil proceedings have been instituted against him or if the Head of Department receives any report from any party that civil proceedings have been instituted against an officer, the
Head of Department shall obtain from the court an extract of the court’s final decision in those proceedings.
The General Manager shall make arrangements to obtain from the appropriate court a report in respect of the officer if—
the officer, being a judgement debtor, does not appear from the file of the suit to have settled the debt within the period specified in the judgement;
In addition to such arrangements as may be made under subregulation (2), the General Manager shall make arrangements with the Official Assignee for a report containing the following matters:
the statement of affairs filed by the officer in accordance with the bankruptcy law for the time being in force;
whether or not the Official Assignee proposes to initiate any further proceedings and, if so, a brief indication relating to the nature of those further proceedings;
whether in the opinion of the Official Assignee the case involves unavoidable misfortune, dishonourable conduct or any other special circumstances, favourable or unfavourable to the officer; and
any other matter which the Official Assignee, in his discretion, thinks it proper to mention.
The General Manager shall forward the report of the officer and the extract of the court’s decision received under subregulation (1) and the reports received under subregulations (2) and (3) to the appropriate Disciplinary Committee together with his report on the officer’s work and conduct before and since his serious pecuniary indebtedness.
After considering all the reports and extract forwarded to it under subregulation (4), the appropriate Disciplinary Committee shall decide whether to take disciplinary action against the officer.
If the disciplinary action taken against the officer results in a punishment of deferment of salary increment, the appropriate Disciplinary Committee may, upon the expiry of the period of deferment of salary increment, order that an amount equivalent to the amount of the restored salary increment be added to the instalments payable to the Official Assignee or to any judgement creditor.
An officer who has been discharged from bankruptcy or whose adjudication of bankruptcy has been annulled shall be treated as having fully restored his financial credit.
Lending money 14.—
(1)
An officer shall not lend money at interest, whether with or without security.
The placing of money on fixed deposit or into an account in any financial institution or co-operative society or in bonds issued by the Government or by any statutory body shall not be regarded as lending of money at interest for the purposes of this regulation.
Involvement in the futures market 15.
No officer shall involve himself as a buyer or seller or otherwise in the futures market, whether a local or foreign market.
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Raffles and lotteries, etc.
An officer shall not hold or organize or participate in, any raffles or lotteries other than for purposes of charity.
Publication of books, etc.
An officer shall not publish or write any book, article or other work which is based on classified official information.
Making public statements 18.—
(1)
An officer shall not, either orally or in writing or in any other manner—
make any public statement that is detrimental to any policy, programme or decision of the statutory body or the Government on any issue;
make any public statement which may embarrass or bring disrepute to the statutory body or the Government;
make any comments on any weaknesses of any policy, programme or decision of the statutory body or the Government; or
An officer shall not, either orally or in writing or in any other manner—
make any comments on the advantages of any policy, programme or decision of the statutory body or the Government;
give any factual information relating to the exercise of the functions of the statutory body;
give any explanation in respect of any incident or report which involves the statutory body or the Government; or
disseminate any such comment, information or explanation whether made by him or any other person, unless the prior written permission, either generally or specifically, has first been obtained from the Minister.
Subregulation (2) shall not apply to any comment, information or explanation made, given or disseminated where the contents of the comment, information or explanation had been approved by the Minister.
For the purpose of this regulation, “public statement” includes any statement or comment made to the press or to the public or in the course of any public lecture or speech or in any broadcast or publication, regardless of the means.
Prohibition on acting as an editor, etc., in any publication 19.
An officer shall not act as the editor of, or take part directly or indirectly in the management of, or in any way make any financial contribution or otherwise to, any publication, including any newspaper, magazine or journal, regardless of the means by which it is published, except the following publications:
publications approved in writing by the General Manager for the purposes of this regulation.
Taking part in politics 20.—
(1)
An officer shall not take an active part in political activities or wear any emblem of a political party, and in particular, he shall not—
make any public statement, whether orally or in writing, that would convey a partisan view on any matter which is an issue between political parties;
publish or circulate any material setting forth his partisan views or the views of other persons, on any matter pertaining to any political party;
engage in canvassing in support of any candidate at an election to the Dewan Rakyat or to any State Legislative Assembly or any election to any office in any political party;
act as an election agent or a polling agent or in any capacity for or on behalf of a candidate at an election to the Dewan Rakyat or to any State
Legislative Assembly;
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Notwithstanding subregulation (1), an officer who has been granted leave until the date of his retirement for the purpose of finishing his accumulated leave may participate in political activities if—
by being so engaged he does not contravene the provisions of the
Official Secrets Act 1972 [Act 88].
An application for approval under subregulation (2)(a) shall be made not less than three months before the date the officer is allowed to go on leave prior to retirement.
Nothing in this regulation shall preclude an officer from being an ordinary member of any political party.
Duty to exercise disciplinary control and supervision
An officer who fails to exercise disciplinary control and supervision over his subordinates, or to take action against his subordinate who breaches any provision of these Regulations shall be deemed to have been negligent in the performance of his duties and to be irresponsible, and he shall be liable to disciplinary action.
Absence from duty
In this Part, “absence”, in relation to an officer, includes a failure to be present for any length of time at a time and place where the officer is required to be present for the performance of his duties.
Disciplinary action for absence without leave
An officer’s absence from duty without leave or without prior permission or without reasonable cause shall render him liable to disciplinary action.
Procedure in cases of absence without leave
The appropriate Disciplinary Committee may, after considering the report of the General Manager under subregulation (1), institute disciplinary action against the officer.
Procedure where officer is absent without leave and cannot be traced
If, after the letter is delivered—
the officer fails to report for duty or no news is heard from him, the General Manager shall submit a report to the appropriate Disciplinary
Committee and the Disciplinary Committee shall institute disciplinary action against the officer.
If the letter cannot be delivered in person to the officer by reason of the fact that he is no longer residing at his last-known address or if the A.R. registered letter is returned undelivered, the General Manager shall report the matter to the
Disciplinary Committee having the jurisdiction to impose a punishment of dismissal or reduction in rank upon the officer.
The appropriate Disciplinary Committee shall, upon receiving the report referred to in subregulation (3), take steps to publish a notice in at least one daily newspaper published in Sarawak as determined by the Disciplinary Committee—
requiring the officer to report for duty within seven days from the date of such publication.
If the officer reports for duty within seven days from the date of publication of the notice referred to in subregulation (4), his Head of Department shall report the matter to the appropriate Disciplinary Committee and the
Disciplinary Committee shall institute disciplinary action against the officer.
If the officer fails to report for duty within seven days from the date of the publication of the notice referred to in subregulation (4), the officer shall be deemed to have been dismissed from the service of the statutory body with effect from the date he was absent from duty.
The dismissal of an officer by virtue of subregulation (6) shall be notified in the Gazette.
Forfeiture of emoluments due to absence from duty
An officer whose emoluments are forfeited under subregulation (1) shall be notified in writing of the forfeiture.
The forfeiture of emoluments by virtue of subregulation (1) is not a disciplinary punishment.
Procedure where criminal proceedings are instituted against an officer
Where it comes to the knowledge of the Head of Department of an officer from any source that criminal proceedings have been instituted in any court against the officer, the Head of Department shall obtain from the Registrar, Deputy
Registrar or Senior Assistant Registrar of the court in which the proceedings were instituted a report containing the following information:
Upon receipt of the report referred to in subregulation (2), the General
Manager shall forward the report to the appropriate Disciplinary Committee together with his recommendation as to whether or not the officer should be interdicted from duty.
Upon consideration of the report and the General Manager’s recommendation forwarded to it under subregulation (3), the appropriate
Disciplinary Committee may, if it deems fit, interdict the officer from the exercise of his duties.
Upon the completion of the criminal proceedings against the officer, the
General Manager shall obtain from the Registrar, Deputy Registrar or Senior
Assistant Registrar of the court before whom the case was disposed of and forward to the appropriate Disciplinary Committee—
information relating to appeals, if any, filed by that officer or the
Public Prosecutor.
Where criminal proceedings against an officer result in his conviction, the appropriate Disciplinary Committee having the jurisdiction to impose a punishment of dismissal or reduction in rank shall, whether or not the officer appeals against the conviction, suspend the officer from the exercise of his duties with effect from the date of his conviction pending the decision of the Disciplinary Committee under regulation 28.
Where criminal proceedings against an officer result in his acquittal and there is no appeal by or on behalf of the Public Prosecutor against such acquittal, the officer shall be allowed to resume his duties and he shall be entitled to receive any emoluments which had not been paid during the period of his interdiction as well as the annual leave to which he was entitled during the period of his interdiction.
31
Where the criminal proceedings against the officer result in his acquittal and an appeal is lodged by the Public Prosecutor, the appropriate Disciplinary
Committee having the jurisdiction to impose a punishment of dismissal or reduction in rank shall decide whether or not the officer should continue to be interdicted until the appeal is determined.
Where criminal proceedings against an officer result in his conviction but on appeal the officer is acquitted, the officer shall be allowed to resume his duties and he shall be entitled to receive any emoluments which had not been paid during the period of his interdiction or suspension or both as well as to any annual leave to which he was entitled during the period of his interdiction or suspension or both.
Where criminal proceedings against an officer result in his acquittal but on appeal the officer is convicted, the appropriate Disciplinary Committee having the jurisdiction to impose a punishment of dismissal or reduction in rank shall suspend the officer from the exercise of his duties with effect from the date of his conviction pending the decision of the Disciplinary Committee under regulation 28.
For the purpose of this regulation, the word “acquittal” includes a discharge not amounting to an acquittal.
Responsibility of General Manager if officer is convicted of criminal offence
Upon receipt of the decision referred to in subregulation (1), the General
Manager shall forward it to the appropriate Disciplinary Committee having the jurisdiction to impose a punishment of dismissal or reduction in rank together with the officer’s Records of Service and his recommendation that—
the officer should be punished with any punishment other than dismissal or reduction in rank; or
no punishment should be imposed, depending on the nature and seriousness of the offence committed in relation to the degree of disrepute which the conviction has brought to the statutory body.
If, after considering the report, the Records of Service and the General
Manager’s recommendation forwarded to it under subregulation (2), the appropriate
Disciplinary Committee is of the opinion that—
the officer should be dismissed or reduced in rank, the Disciplinary
Committee shall impose the punishment of dismissal or reduction in rank as it deems appropriate;
the offence of which the officer was convicted does not warrant a punishment of dismissal or reduction in rank but warrants the imposition of a lesser punishment, the Disciplinary Committee shall impose upon the officer any one or more of the punishments other than dismissal or reduction in rank as specified in regulation 40 as it deems appropriate; or
no punishment should be imposed on the officer, the Disciplinary
Committee shall acquit him.
Where a punishment other than dismissal has been imposed on an officer or where no punishment has been imposed on him, the appropriate Disciplinary
Committee shall direct the officer to resume his duties.
Disciplinary action shall not be taken until criminal proceedings are completed
Nothing in subregulation (1) shall be construed so as to prevent disciplinary action from being taken against the officer during the pendency of such criminal proceedings if the action is based on any other ground arising out of his conduct in the performance of his duties.
Consequences of an acquittal
Nothing in subregulation (1) shall be construed so as to prevent disciplinary action from being taken against the officer on any other ground arising out of his conduct in relation to the criminal charge, whether or not connected to the performance of his duties, as long as the grounds for the disciplinary action do not raise substantially the same issues as those in the criminal proceedings in relation to the criminal charge of which the officer was acquitted.
33
Procedure where there is an order of detention, banishment, etc.
an order of detention other than an order of remand pending trial or for purposes of investigation;
an order which imposes any form of restriction or supervision, whether with bond or otherwise, has been made against an officer under any law relating to the security of Malaysia or any part of Malaysia, the prevention of crime, preventive detention, restricted residence, banishment, immigration, or the protection of women and girls or of children, the General Manager shall apply for a copy of the order from the appropriate authority.
Upon receipt of a copy of the order referred to in subregulation (1), the
General Manager shall forward it to the appropriate Disciplinary Committee having the jurisdiction to impose a punishment of dismissal or reduction in rank together with the officer’s Records of Service and the recommendation of the General
Manager that—
the officer should be punished with any punishment other than dismissal or reduction in rank; or
no punishment should be imposed, depending on the degree of disrepute which the officer has brought to the statutory body.
If, after considering the report, the Records of Service and the General
Manager’s recommendation forwarded to it under subregulation (2), the appropriate
Disciplinary Committee is of the opinion that—
the officer should be dismissed or reduced in rank, the Disciplinary
Committee shall impose the punishment of dismissal or reduction in rank as it deems appropriate;
the grounds on which the order was made against the officer do not warrant a punishment of dismissal or reduction in rank but warrant the imposition of a lesser punishment, the Disciplinary Committee shall impose upon the officer any one or more of the punishments other than dismissal or reduction in rank as specified in regulation 40 as it deems appropriate; or
no punishment should be imposed on the officer, the Disciplinary
Committee shall acquit him.
Where a punishment other than dismissal has been imposed on an officer or where no punishment has been imposed on him, the appropriate Disciplinary
Committee shall direct the officer to resume his duties.
Chapter
Subject to subregulation (2), in all disciplinary proceedings under these Regulations, no officer shall be dismissed or reduced in rank unless he has first been informed in writing of the grounds on which such action is proposed and he has been afforded a reasonable opportunity of being heard.
Subregulation (1) shall not apply in the following cases:
where the appropriate Disciplinary Committee is satisfied that for some reason, to be recorded by it in writing, it is not reasonably practicable to carry out the requirements of subregulation (1);
where the Board 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 subregulation (1).
35
Chairman of Disciplinary Committee to determine nature of breach of discipline 33.—
(1)
Where an officer is alleged to have committed a disciplinary offence—
if there is more than one tier of Disciplinary Committee in respect of such officer, the Chairman of the Disciplinary Committee having the jurisdiction to impose a punishment other than dismissal or reduction in rank, shall, before commencing any disciplinary proceedings in respect of the officer, consider and determine whether the disciplinary offence complained of is of a nature which warrants a punishment of dismissal or reduction in rank or a punishment lesser than dismissal or reduction in rank.
If the Chairman of the Disciplinary Committee referred to in subregulation (1)(a) or (b) determines that the disciplinary offence complained of is of a nature which warrants a punishment of dismissal or reduction in rank, he shall refer the case to the Disciplinary Committee which has the power to impose such punishment.
For the purpose of this regulation, the following acts of misconduct or breach of discipline shall not, unless the Board otherwise directs, a warrant dismissal or reduction in rank:
breach of regulations 4(1), 5, 8, 9, 18 and 19;
, (e), (g), (h) and (k) of regulation 3(2);
breach of any of the provisions of the standing orders of a statutory body relating to official duty allowances, leave, staff quarters and office building; and
breach of any other standing orders, rules, circulars or office instructions of the statutory body.
All other acts of misconduct or breach of the provisions of these
Regulations shall be deemed to be misconduct or breach of discipline which renders an officer liable to dismissal or reduction in rank.
Chapter
If it is determined under regulation 33 that the disciplinary offence complained of against an officer is of a nature that warrants a punishment other than dismissal or reduction in rank, the appropriate Disciplinary Committee referred to in regulation 33(1)(a) or (b), on being satisfied that there exists a disciplinary offence, shall inform the officer in writing of the facts of the disciplinary offence alleged to have been committed by him and shall give to the officer an opportunity to make a written representation within a period of twenty-one days from the date he is informed of the facts.
If the appropriate Disciplinary Committee is of the opinion that the officer’s representation requires further clarification, the Disciplinary Committee may require the officer to furnish further clarification within such period as the
Disciplinary Committee may specify.
If after considering the officer’s representation and, if further clarification is furnished, his further clarification, the appropriate Disciplinary Committee—
finds the officer guilty of the disciplinary offence alleged to have been committed by him, the Disciplinary Committee shall impose upon the officer any one or more of the punishments other than dismissal or reduction in rank as specified in regulation 40 as it deems appropriate; or
Chapter
If it is determined under regulation 33 that the disciplinary offence complained of against an officer is of a nature that warrants a punishment of dismissal or reduction in rank, the appropriate Disciplinary Committee to which the case is referred shall consider all the available information.
If it appears to the appropriate Disciplinary Committee that there exists a prima facie case against the officer, the appropriate Disciplinary Committee shall—
37
direct that a charge containing the facts of the disciplinary offence alleged to have been committed by the officer and the grounds on which it is proposed to dismiss the officer or reduce his rank be sent to the officer; and
call upon the officer to make, within a period of twenty-one days from the date he receives the charge, a written representation containing the grounds upon which he relies to exculpate himself.
If, after considering the representation made pursuant to subregulation (1), the appropriate Disciplinary Committee is of the opinion that the disciplinary offence committed by the officer does not warrant a punishment of dismissal or reduction in rank, the appropriate Disciplinary Committee may impose upon the officer any of the lesser punishments specified in regulation 40 as it deems appropriate.
If the officer does not make any representation within the period specified in subregulation (2)(b), or if the officer made such a representation but the representation does not exculpate himself to the satisfaction of the appropriate
Disciplinary Committee, the Disciplinary Committee shall then proceed to consider and decide on the dismissal or reduction in rank of the officer.
If the appropriate Disciplinary Committee is of the opinion that the case against the officer requires further clarification, the Disciplinary Committee may establish an Investigation Committee for the purpose of obtaining such further clarification.
Investigation Committee 36.—
(1)
The Investigation Committee shall be comprised of not less than two officers of the statutory body or the Ministry.
Members of the Investigation Committee shall be higher in rank than the officer under investigation but the Head of Department of the officer under investigation shall not be a member of the Investigation Committee.
Procedure to be followed by the Investigation Committee 37.—
(1)
The Investigation Committee—
shall inform the officer under investigation of the date when the question of his dismissal or reduction in rank will be brought before the
Investigation Committee; and
may call and examine any witness or take any action as it thinks necessary and proper for obtaining further clarification regarding the case.
If the Investigation Committee is of the view that the officer should be allowed to be present before the Investigation Committee to exculpate himself, the officer shall present himself before the Committee for such purpose.
If witnesses are called and examined by the Investigation Committee, the officer shall be given an opportunity to be present and to cross-examine the witnesses on his own behalf.
No documentary evidence shall be used against the officer unless the officer has previously been supplied with a copy of the evidence or given access to the evidence.
The Investigation Committee may permit the statutory body or the officer to be represented by an officer of the statutory body or, in exceptional cases, by an advocate and solicitor, but the Investigation Committee may withdraw such permission subject to any reasonable and necessary adjournment to enable the officer to present his case in person.
If the Investigation Committee permits the statutory body to be represented, it shall also permit the officer under investigation to be similarly represented.
If the officer under investigation who is required to appear before the
Investigation Committee fails to appear on the date and at the time appointed and if no sufficient ground is shown for an adjournment, the Investigation Committee may proceed to consider and decide on the complaint or may adjourn the proceeding to another date.
Upon the completion of its investigation, the Investigation Committee shall submit a report on such investigation to the appropriate Disciplinary
Committee.
If the appropriate Disciplinary Committee is of the opinion that the report submitted to it under subregulation (8) is vague in particular matters or that further investigation is required, the appropriate Disciplinary Committee may refer the matter back to the Investigation Committee for further investigation.
39
Further grounds for dismissal 38.—
(1)
If, in the course of an investigation by the Investigation Committee, further grounds for the dismissal of the officer under investigation are disclosed, the
Investigation Committee shall inform the appropriate Disciplinary Committee of the further grounds.
If the Disciplinary Committee thinks fit to proceed against the officer on such further grounds, the officer shall be given a written statement of those grounds, and the procedures set out in regulations 35, 36 and 37 shall apply in respect of the further grounds as they apply in respect of the original grounds.
Powers of the Disciplinary Committee 39.
If, after considering the officer’s representation and the report of the
Investigation Committee, if any, the appropriate Disciplinary Committee—
finds the officer guilty of the disciplinary offence alleged to have been committed by him and that the officer should be dismissed or reduced in rank, the Disciplinary Committee shall impose the punishment of dismissal or reduction in rank as it deems appropriate;
finds the officer guilty of the disciplinary offence alleged to have been committed by him but that, after taking into consideration the circumstances in which the disciplinary offence was committed and other mitigating factors, such offence does not warrant a punishment of dismissal or reduction in rank but warrants the imposition of a lesser punishment, the
Disciplinary Committee shall impose upon the officer any one or more of the punishments other than dismissal or reduction in rank as specified in regulation 40 as it deems appropriate; or
finds the officer not guilty, the Disciplinary Committee shall acquit him.
Types of disciplinary punishments 40.
If an officer is found guilty of a disciplinary offence, any one or any combination of two or more of the following punishments, depending upon the seriousness of the offence, may be imposed on the officer:
dismissal.
Fine or forfeiture of emoluments 41.—
(1)
A punishment of fine or forfeiture of emoluments shall be made in accordance with subregulations (2), (3), (4), (5) and (6).
Any fine imposed on any one occasion shall not exceed an amount equivalent to seven days, emoluments of the officer concerned.
If an officer is fined on more than one occasion in any calendar month, the aggregate of the fines imposed on him in that month shall not exceed an amount equivalent to forty-five per cent of his monthly emoluments.
Where the punishment is imposed as a consequence of the officer being absent from duty without leave or without prior permission or without reasonable cause, any forfeiture of the officer’s emoluments shall, unless otherwise decided by the appropriate Disciplinary Committee, be calculated by having regard to the actual period the officer is absent.
The punishment of a fine or forfeiture of emoluments shall not be imposed on an officer who was absent without leave or without prior permission or without reasonable cause where the officer’s emoluments has been forfeited, in respect of such absence from duty, under regulation 26.
All fines or forfeitures of emoluments shall be deducted from the officer’s monthly emoluments and shall be paid into the revenue of the statutory body.
Deferment of salary increment 42.—
(1)
The punishment of deferment of salary increment may be imposed by the appropriate Disciplinary Committee for a period of—
The punishment of deferment of salary increment imposed on an officer shall be executed on the next anniversary of the salary increment of that officer after the date of imposition of the punishment by the appropriate Disciplinary Committee.
An officer on whom the punishment of deferment of salary increment is imposed shall not be entitled to receive any salary increment for and during the period in which the punishment is in force.
A punishment of deferment of salary increment shall have the following consequences on the officer on whom the punishment is imposed:
his salary increment shall be altered to the nearest date of salary increment after the expiry of the period of punishment; and
the date of his salary increment shall remain at the date altered under paragraph (a) until the officer reaches the maximum step in his salary schedule
Reduction of salary 43.—
(1)
The appropriate Disciplinary Committee may impose a punishment of reduction of salary on an officer in accordance with the following provisions:
the duration of the punishment shall not be less than twelve months but shall not be more than thirty-six months on any one occasion.
The punishment of reduction of salary imposed on an officer shall be implemented on the date as specified by the appropriate Disciplinary Committee.
The date of salary increment of an officer on whom the punishment of reduction of salary is imposed shall be altered to the date of the next salary increment after the punishment expires.
An officer on whom the punishment of reduction of salary is imposed shall not be entitled to receive any salary increment for and during the period in which the punishment is in force.
Reduction in rank 44.
The appropriate Disciplinary Committee may impose the punishment of reduction in rank on an officer in the following manner:
by reducing the grade of the officer to a lower grade in the same scheme of service; and
by determining that the officer’s new salary shall be at a salary point in the salary schedule of such reduced grade such that the salary is lower than, but nearest to, the last-drawn salary of the officer before the punishment is imposed on him.
Interdiction for the purpose of investigation 45.—
(1)
Without prejudice to regulations 27 and 46, if an officer is alleged or reasonably suspected of having committed a criminal offence or a serious disciplinary offence, the appropriate Disciplinary Committee having the jurisdiction to impose a punishment of dismissal or reduction in rank on such officer may interdict the officer for a period not exceeding two months for the purpose of facilitating investigation against the officer.
Any notice, document or communication left at or posted to or sent by any other reasonable means to the address for service furnished under subregulation (1)
shall be deemed to have been duly served on or communicated to the officer.
Signature on letters and other correspondence 54.
Any correspondence between the appropriate Disciplinary Committee and the officer who is subject to disciplinary action shall be signed by the Chairman of the appropriate Disciplinary Committee or by any member of the Disciplinary
Committee on behalf of the Chairman.
47
THIRD SCHEDULE
(Sections 6 and 7)
COMPOSITION AND JURISDICTION OF DISCIPLINARY
COMMITTEES AND DISCIPLINARY APPEAL COMMITTEES OF
There shall be established for a statutory body such Disciplinary
Committees as are specified in the Appendix.
Jurisdiction of Disciplinary Committee 2.
The Disciplinary Committee having jurisdiction over all matters relating to the conduct and discipline of each category of officers specified in the first column of the Appendix is the Disciplinary Committee which is comprised of the members specified in the third column of the Appendix in relation to that category.
Disciplinary Committee shall comply with the Regulations 3.
In exercising its functions under this Ordinance, every Disciplinary
Committee shall comply with the Regulations in the Second Schedule.
Declaration of interest 4.—
(1)
If the Chairman or any member of a Disciplinary Committee has any interest in any disciplinary proceedings, he shall declare the nature of that interest and such declaration shall be recorded in the minutes of the meeting at which the declaration is made.
The Chairman or any member of a Disciplinary Committee who has an interest in any disciplinary proceeding shall not take part in the deliberation or decision of the Disciplinary Committee in that proceeding.
Appointment of substitute member 5.—
(1)
The Board may, for reasons which shall be recorded, appoint any member of the Board or officer of the statutory body or nominate an officer of the
Ministry to sit as the Chairman or a member of a Disciplinary Committee in place of the Chairman or a member specified in the Appendix in any disciplinary proceedings against an officer.
The officer to be appointed under subparagraph (1) as the Chairman or a member of a Disciplinary Committee shall be higher in rank than the officer who is the subject of the disciplinary proceedings.
Meetings of Disciplinary Committee 6.
For the purpose of performing its functions, a Disciplinary Committee shall meet on a date and at a place and time to be determined by the Chairman of the
Disciplinary Committee.
Quorum for meetings of Disciplinary Committee 7.
The Chairman and two other members of a Disciplinary Committee shall form the quorum for every meeting of the Disciplinary Committee.
Voting in meetings of Disciplinary Committee 8.
All questions raised in the meetings of a Disciplinary Committee shall be decided by the votes of the majority of members present and voting, and if the number of votes are equal, then the Chairman shall have the casting vote.
Record of meetings of Disciplinary Committee 9.
The Chairman of a Disciplinary Committee shall ensure that the records of every disciplinary proceeding and the minutes of every meeting of the Disciplinary
Committee are properly kept.
Disciplinary Committee may require investigation be carried out 10.—
(1)
Before making any decision on any matter which it is required to determine in any disciplinary proceedings, a Disciplinary Committee may cause an investigation be carried out by an investigation committee for the purpose of obtaining an explanation, clarification or recommendation in respect of that matter.
An investigation committee shall consist of at least two officers of the statutory body or of the Ministry and the officers must be higher in rank than the officer under investigation.
The investigation procedures provided for in respect of an Investigation
Committee in the Regulations in the Second Schedule shall apply to an investigation committee carrying out investigation under this paragraph.
49
Decision of Disciplinary Committee to be communicated to officer 11.
Every Disciplinary Committee shall ensure that its decision in any disciplinary proceedings is communicated in writing to the officer who is the subject of the disciplinary proceedings.
Establishment of Disciplinary Appeal Committees 12.
There shall be established for a statutory body such Disciplinary Appeal
Committees as are specified in the Appendix.
Jurisdiction of the Disciplinary Appeal Committee 13.—
(1)
The Disciplinary Appeal Committee shall have the power to receive, consider and determine any appeal submitted by an officer against the decision of a
Disciplinary Committee.
The Disciplinary Appeal Committee in respect of each category of officers specified in the first column of the Appendix is the Disciplinary Appeal Committee which is comprised of the members specified in the fourth column of the Appendix in relation to that category.
Declaration of interest 14.—
(1)
If the Chairman or any member of a Disciplinary Appeal Committee has any interest in any appeal brought before the Disciplinary Appeal Committee, he shall declare the nature of that interest and such declaration shall be recorded in the minutes of the meeting at which the declaration is made.
The Chairman or any member of a Disciplinary Appeal Committee who has an interest in any appeal brought before the Disciplinary Appeal Committee shall not take part in the deliberation or decision of the Disciplinary Appeal
Committee in relation to that appeal.
Appointment of substitute member 15.—
(1)
Where the Chairman of a Disciplinary Appeal Committee is the
Minister, the Chief Minister may, for reasons which shall be recorded, appoint another Minister to sit as the Chairman of the Disciplinary Appeal Committee in place of the Minister.
Where the Chairman of a Disciplinary Appeal Committee is the
Permanent Secretary to the Ministry, the State Secretary may, for reason which shall be recorded, appoint the Permanent Secretary to another Ministry to sit as the
Chairman of the Disciplinary Appeal Committee in place of the Permanent
Secretary specified in the Appendix.
The Minister may, for reasons which shall be recorded, appoint any member of the Board or any officer of the Ministry to sit as a member of a
Disciplinary Appeal Committee in place of the member specified in the Appendix.
The officer appointed under subparagraph (3) shall be higher in rank than the officer who is making the appeal.
Meetings of Disciplinary Appeal Committee 16.
For the purpose of performing its functions, a Disciplinary Appeal
Committee shall meet on a date and at a place and time to be determined by the
Chairman of the Disciplinary Appeal Committee.
Quorum for meetings of Disciplinary Appeal Committee 17.
The Chairman and one other member of a Disciplinary Appeal
Committee shall form the quorum for every meeting of the Disciplinary Appeal
Committee.
Voting in meetings of Disciplinary Appeal Committee 18.
All questions raised in the meetings of a Disciplinary Appeal Committee shall be decided by the votes of the majority of members present and voting, and if the number of votes are equal, then the Chairman shall have the casting vote.
Record of meetings of Disciplinary Appeal Committee 19.
The Chairman of a Disciplinary Appeal Committee shall ensure that the records of every disciplinary appeal proceeding and the minutes of every meeting of the Disciplinary Appeal Committee are properly kept.
Appeal procedures 20.—
(1)
An appeal by any officer who has been found guilty by a
Disciplinary Committee shall be made in writing, through his Head of Department, to the appropriate Disciplinary Appeal Committee within a period of fourteen days from the date the decision of the Disciplinary Committee is served on him.
51
The Head of Department shall, not later than fourteen days from the date he receives such appeal, submit that appeal together with his comments to the
Disciplinary Committee against whose decision the appeal is made.
Within a period of thirty days from the date it receives the appeal and the
Head of Department's comments, the Disciplinary Committee against whose decision the appeal is made shall cause a copy of the records of disciplinary proceedings against that officer to be sent to the Disciplinary Appeal Committee together with the grounds of its decision.
The Chairman of the Disciplinary Appeal Committee may extend the periods specified in subparagraphs (1), (2) and (3) on the application of the officer concerned and on sufficient cause being shown.
Hearing of appeal 21.—
(1)
Immediately after receiving the appeal documents as provided in paragraph 20, the Chairman of the appropriate Disciplinary Appeal Committee shall convene a meeting of the Disciplinary Appeal Committee to consider such appeal.
The Disciplinary Appeal Committee shall decide every appeal solely on the merits of the grounds of such appeal without admitting any further statement or additional evidence.
Notwithstanding subparagraph (2), the Disciplinary Appeal Committee may, if it thinks just and necessary, and subject to the officer’s right to be heard, request for any further statement or additional evidence from any other person.
Decision of the Disciplinary Appeal Committee 22.—
(1)
In considering an appeal under paragraph 21 against the decision of a Disciplinary Committee, the Disciplinary Appeal Committee may—
confirm the decision of the Disciplinary Committee as regards the misconduct of that officer, but vary the punishment to a lesser punishment; or
reverse the decision and punishment of the Disciplinary Committee and acquit that officer from the charge against him.
The decision of the Disciplinary Appeal Committee is final.
Officer to be notified of decision of Disciplinary Appeal Committee 23.
As soon as practicable after making its decision under paragraph 22 on an appeal made by an officer, the Disciplinary Appeal Committee shall notify the officer of that decision.
APPENDIX
(Paragraphs 1, 2 and 12)
COMPOSITION AND JURISDICTION OF DISCIPLINARY
COMMITTEES AND DISCIPLINARY APPEAL COMMITTEES
FOR STATUTORY BODIES
Category of
Officer
Jurisdiction
Composition of
Disciplinary
Committees
Composition of
Disciplinary Appeal
Committees
General Manager
Deputy General Manager
Top Management Group
Disciplinary action with a view to dismissal or reduction in rank
Chairman:
Chairman of the Board
Chairman:
Minister
Management and
Professional Group
Group A under the Cabinet
Committee Report 1976
Members:
Permanent Secretary to the
Ministry
2 members of the Board, appointed by the Chairman of the Board
Members:
2 members of the Board, appointed by the Chairman of the Board
53
Category of
Officer
Jurisdiction
Composition of
Disciplinary
Committees
Composition of
Disciplinary Appeal
Committees
General Manager
Deputy General Manager
Top Management Group
Disciplinary action not with a view to dismissal or reduction in rank
Chairman:
Chairman of the Board
Members:
Permanent Secretary to the
Ministry
2 members of the Board, appointed by the Chairman of the Board
Chairman:
Minister
Members:
2 members of the Board, appointed by the Chairman of the Board
Management and
Professional Group
Group A under the Cabinet
Committee Report 1976
Disciplinary action not with a view to dismissal or reduction in rank
Chairman:
1 member of the Board, appointed by the Chairman of the Board
Members:
1 member of the Board, appointed by the Chairman of the Board
Director, Human Resource
Management Unit, Chief
Minister’s Department
General Manager
Chairman:
Permanent Secretary to the
Ministry
Members:
2 members of the Board, appointed by the Chairman of the Board
Category of
Officer
Jurisdiction
Composition of
Disciplinary
Committees
Composition of
Disciplinary Appeal
Committees
Support Group
Groups B, C and D under the Cabinet Committee
Report 1976
Disciplinary action with a view to dismissal or reduction in rank
Chairman:
1 member of the Board, appointed by the Chairman of the Board
Members:
1 member of the Board, appointed by the Chairman of the Board
Director, Human Resource
Management Unit, Chief
Minister’s Department
General Manager
Chairman:
Permanent Secretary to the
Ministry
Members:
2 members of the Board, appointed by the Chairman of the Board
Support Group
Groups B, C and D under the Cabinet Committee
Report 1976
Disciplinary action not with a view to dismissal or reduction in rank
Chairman:
1 member of the Board, appointed by the Chairman of the Board
Members:
1 member of the Board, appointed by the Chairman of the Board
Head of the division responsible for administrative matters in the Ministry
Principal Assistant
Director, Human Resource
Management Unit, Chief
Minister’s Department
Chairman:
1 member of the Board, appointed by the Chairman of the Board
Members:
Director, Human Resource
Management Unit, Chief
Minster’s Department
General Manager
55
Amending Law
Short Title
In force from
Cap. 59/2004
Sarawak Electricity Supply
Corporation (Successor
Company) Ordinance,
2004 1.7.2005
[Swk. L.N. 44/2005]
Cap. A135/2007
Sarawak Stadium Corporation
(Repeal) Ordinance, 2007
[ ]
[List of Amendments]
In deciding whether to interdict an officer under subregulation (1), the appropriate Disciplinary Committee shall take into account the following factors:
whether the allegation or the suspected offence is directly related to the officer’s duties; and
If, during the period an officer is under interdiction—
disciplinary action is taken against him with a view to his dismissal or reduction in rank, the interdiction order made under subregulation (1) shall cease to have effect from the date such criminal proceedings are instituted or disciplinary action is taken against the officer; and the appropriate Disciplinary Committee shall take such further action as it thinks fit under regulation 46.
An officer who has been interdicted under this regulation shall not be entitled to receive full emoluments during the period of his interdiction.
Interdiction 46.—
(1)
The appropriate Disciplinary Committee having the jurisdiction to impose a punishment of dismissal or reduction in rank may, if it thinks fit and proper and having regard to the matters specified in subregulation (4), interdict an officer from the exercise of his duties if—
disciplinary proceedings with a view that a punishment of dismissal or reduction in rank be imposed on him have been instituted against the officer.
If an officer is interdicted under subregulation (l)(a), his interdiction may be made effective from the date he was arrested or from the date the summons were served on him.
If an officer is interdicted under subregulation (l)(b), his interdiction may be made effective from such date as may be determined by the appropriate
Disciplinary Committee.
In deciding whether to interdict an officer under subregulation (1), the appropriate Disciplinary Committee shall take into account the following factors:
whether the nature of the offence with which the officer is charged is directly related to his duties;
whether the presence of the officer in the office to exercise his normal duties and responsibilities may be a source of embarrassment to, or may adversely affect the name or image of, the statutory body; and
whether, taking into account the nature of the offence with which the officer is charged, the interdiction of the officer would result in the statutory body incurring a loss.
If the appropriate Disciplinary Committee recalls an officer who has been interdicted under subregulation (1) to resume his duties while criminal proceedings or disciplinary proceedings with a view to his dismissal or reduction in rank are still pending, then—
the order of interdiction shall cease to have effect from the date the officer resumes his duties;
the officer shall be paid his full emoluments from the date he resumes his duties; and
any part of his emoluments which has not been paid during his interdiction shall not be paid until the criminal proceedings or disciplinary proceedings with a view to his dismissal or reduction in rank have been completed and a decision as regards such emoluments has been made by the appropriate Disciplinary Committee.
During the period of his interdiction under this regulation, an officer shall be entitled, unless and until he has been suspended or dismissed, to receive not more than half of his emoluments as the appropriate Disciplinary Committee deems fit.
Without prejudice to regulation 27(7), where an officer has been acquitted of a criminal charge or has been discharged but such discharge does not amount to an acquittal or has been acquitted of any disciplinary charge, any part of his emoluments which has not been paid to him while he was interdicted shall be paid to him.
Suspension 47.—
(1)
The appropriate Disciplinary Committee having the jurisdiction to impose a punishment of dismissal or reduction in rank may suspend an officer from the exercise of his duties if—
The period of suspension under this regulation shall commence from the date of conviction or the effective date of the order, as the case may be.
45
An officer who is suspended from the exercise of his duties—
shall not be allowed to receive any part of his emoluments which has not been paid during the period of his interdiction under regulation 46; and
shall not be entitled to receive any emolument throughout the period of his suspension.
The decision by the appropriate Disciplinary Committee to suspend an officer shall be notified to him in writing.
Unpaid emoluments 48.—
(1)
Where disciplinary proceedings against an officer result in the officer being dismissed, he shall not be entitled to any part of the emoluments which has not been paid to him during the period of his interdiction or suspension.
Where disciplinary proceedings against an officer result in a punishment other than dismissal being imposed on the officer, he shall be entitled to receive any part of his emoluments which has not been paid to him during the period of his interdiction or suspension.
Resumption of duties 49.
Where an officer is interdicted under regulation 46 or suspended under regulation 47, and the disciplinary proceedings against the officer result in a punishment other than dismissal being imposed on the officer, the appropriate
Disciplinary Committee shall order the officer to resume his duties.
Disciplinary procedures for an officer serving outside Malaysia 50.
Where criminal proceedings have been instituted against an officer serving outside Malaysia, the officer shall be interdicted in accordance with regulation 46, and if he is convicted, disciplinary action shall be taken under these
Regulations against him.
Officer shall not leave Malaysia without written permission 51.—
(1)
An officer who has been interdicted or suspended from the exercise of his duties shall not leave Malaysia without the prior written permission of the
Chairman of the appropriate Disciplinary Committee.
If the officer who has been interdicted or suspended from the exercise of his duties is serving outside Malaysia, he shall be immediately recalled to Malaysia and he shall not leave Malaysia without the prior written permission of the
Chairman of the appropriate Disciplinary Committee.
Notwithstanding the provisions of regulation 46(6), the appropriate
Disciplinary Committee shall take all the necessary steps to stop the payment of any emoluments to an officer who has been interdicted but has left Malaysia without the prior written permission from the Chairman of the appropriate Disciplinary
Committee.
Particulars of the offence and punishment to be recorded 52.
Every disciplinary action taken against an officer which results in a punishment being imposed upon the officer under these Regulations shall be recorded in the officer’s Records of Service by stating the particulars of the disciplinary offence committed and the punishment imposed.
Service of notice, document, etc.
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