Malaysia legislation
Section 20
of Statutory Bodies (Conduct and Discipline) Ordinance, 2004
Section 20
(2)
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.
(3)
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
(1)
Brooke Dockyard and
Engineering Works Corporation
(1)
Brooke Dockyard and Engineering
Works Corporation Ordinance [Cap.
100 (1958 Ed.)] (To be repealed on the coming into force of Cap. 11).
(2)
Housing Development
Corporation
(2)
Housing
Development
Corporation
Ordinance, 2002 [Cap. 52].
(3)
Kuching Port Authority
(3)
Port
Authorities
Ordinance,
1961
[Ord. No. 1/61].
(4)
Kuching Water Board
(4)
Water Ordinance, 1994 [Cap. 13].
(5)
Land Custody and Development
Authority
(5)
Land
Custody and
Development
Authority Ordinance, 1981 [Ord. No.
4/81].
(6)
Lembaga Kemajuan Bintulu
(Bintulu Development Authority)
(6)
Lembaga Kemajuan Bintulu (Bintulu
Development Authority) Ordinance,
1978 [Ord. No. 1/78].
(7)
Majlis Islam Sarawak
(7)
Majlis Islam Sarawak Ordinance, 2001
[Cap. 41].
(8)
Miri Port Authority
(8)
Port Authorities Ordinance, 1961 [Ord.
No. 1/61].
(9)
Natural Resources and
Environment Board
(9)
Natural Resources and Environment
Ordinance [Cap. 84 (1958 Ed.)].
(10)
Pustaka Negeri Sarawak
(10)
Sarawak State Library Ordinance, 1999
[Cap. 29].
(11)
Rajang Port Authority
(11)
Port Authorities Ordinance, 1961 [Ord.
No. 1/61].
(12)
Sarawak Biodiversity Centre
(12)
Sarawak
Biodiversity
Centre
Ordinance, 1997 [Cap. 24].
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Name of Statutory Body
Incorporating Law
(13)
Sarawak Economic Development
Corporation
(13)
Perbadanan
Pembangunan
Ekonomi
Sarawak Ordinance [Cap. 35 (1958
Ed.)].
(14)
[Deleted by Cap. 59/2004]
(14)
―
(15)
Sarawak Forestry Corporation
(15)
Sarawak
Forestry
Corporation
Ordinance, 1995 [Cap. 17].
(16)
Sarawak Foundation
(16)
Sarawak Foundation Ordinance, 1971
[Ord. No. 4/71].
(17)
Sarawak Land Consolidation and
Rehabilitation Authority
(17)
Sarawak
Land
Consolidation and
Rehabilitation
Authority
Ordinance,
1976 [Ord. No. 3/76].
(18)
Sarawak Rivers Board
(18)
Sarawak Rivers Ordinance, 1993 [Cap.
4].
(19)
[Deleted by Cap. A135/2007.]
(19)
―
(20)
Sarawak Timber Industry
Development Corporation
(20)
Sarawak Timber Industry Develop-ment Corporation Ordinance, 1973
[Ord. No. 3/73].
(21)
Sarawak Tourism Board
(21)
Sarawak
Tourism
Board
(Incor-poration) Ordinance, 1994 [Cap. 14].
(22)
Sibu Water Board
(22)
Water Ordinance, 1994 [Cap. 13]
SECOND SCHEDULE
(Section 5)
STATUTORY BODIES DISCIPLINARY REGULATIONS
Application 1.—(1)
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.
(2)
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)
a child under the age of eighteen years of an officer, inc1uding—
(i)
a posthumous child, a dependant step-child and an illegitimate child of the officer;
(ii)
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
(b)
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;
15
“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.
(2)
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.
CODE OF CONDUCT
General 3.—
(1)
An officer shall at all times give his undivided loyalty to the State, the
Government and the statutory body.
(2)
An officer shall not—
(a)
subordinate his duty to the statutory body to his private interests;
(b)
conduct himself in such a manner as is likely to bring his private interests into conflict with his duty to the statutory body;
(c)
conduct himself in any manner likely to cause a reasonable suspicion that—
(i)
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
(ii)
he has used his position as an officer of the statutory body for his personal advantage;
(a)
take part, either directly or indirectly, in the management or dealings of any commercial, agricultural or industrial undertaking;
(b)
undertake for reward any work with any institution, company, firm or private individual;
(c)
as an expert, furnish any report or give any evidence, whether gratuitously or for reward.
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(d)
conduct himself in such a manner as to bring the statutory body into disrepute or to bring discredit to the statutory body;
(e)
lack efficiency or industry;
(f)
be dishonest or untrustworthy;
(g)
be irresponsible;
(h)
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;
(i)
be insubordinate or conduct himself in any manner which can be reasonably construed as being insubordinate;
(j)
be negligent in performing his duties;
(k)
cause damage or destruction or loss to the property of the statutory body; and
(l)
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—
(2)
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.
(3)
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—
(a)
does not take place during office hours and during such time when the officer is required to perform his official duties;
(b)
does not in any way tend to impair the officer’s usefulness as an officer of the statutory body; and
(c)
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.
(4)
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.
(2)
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.
(2)
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.
(3)
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.
(4)
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.