Section 53

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.

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THIRD SCHEDULE

(Sections 6 and 7)

COMPOSITION AND JURISDICTION OF DISCIPLINARY

COMMITTEES AND DISCIPLINARY APPEAL COMMITTEES OF

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.

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.

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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—

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