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Section 21

of Statutory Bodies Conduct And Discipline Regulations 1995

State Subsidiary LegislationIn forceProvision 21 of 45

Section 21

(1)

Absence without leave or prior permission or without reasonable cause shall render an employee liable to disciplinary action.

(2)

For the purpose of this regulation, "absence" includes failure to be present for any length of time whatsoever at a time and place where the employee is required to be present for the performance of his duties.

(3)

Where an employee is absent for a period not exceeding seven working days in any calendar month, upon report by the Head of Division, the Disciplinary Authority concerned in cases where it is not considered justifiable to initiate disciplinary action with a view to dismissal, may deal with the employee in accordance with regulation 25 and impose such punishment as it may deem fit and in that event, he shall not be entitled to any salary or remuneration for the period of his absence.

(4)

Where an employee is absent for a period exceeding seven working days in any calendar month, or exceeding seven working days consecutively, that fact shall forthwith be reported by the Head of Division concerned to the Disciplinary Authority together with the dates and the circumstances of the absence and any further information which may be required concerning the employee. Upon consideration of the said report, the said

Disciplinary Authority may then institute disciplinary action against the employee in accordance with regulation 26 with a view to dismissal or reduction in rank. Pending the decision of the Disciplinary Authority, the employee shall not be entitled to any salary or remuneration for the period of his absence.

(5)

Where an employee is absent and cannot be traced, the Head of Division shall cause to be sent to the employee's last known address an "A.R." (Acknowledged of Receipt)

registered letter requiring him to give an explanation as to his absence at the same time directing him to report for duty at once. If within seven days after the receipt of the letter the employee reports for duty, the Disciplinary Authority shall institute disciplinary action either under sub-regulation (3) or (4) of this regulation. If seven days after the receipt of the letter by the employee, he is still absent or nothing is heard of or from him, the Head of Division concerned shall proceed to submit a report to the Disciplinary Authority as required under sub-regulation (4). Upon consideration of the said report the Disciplinary Authority shall institute disciplinary action either under sub-regulation (3) or (4) of this regulation, but in case

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where the said letter is returned undelivered, the Disciplinary Authority shall take steps to notify in a local newspaper the fact of the employee's absence and his untraceability.

(6)

If despite notification in the local newspaper the employee fails to return for duty within a period of seven days from the date of the publication in the newspaper, the employee shall be deemed to have been dismissed from the service with effect from the date of his absence.

(7)

If within seven days after the publication in the newspaper the employee reports for duty, the Disciplinary Authority shall institute disciplinary action either under sub-regulation (3) or (4) of this regulation.

Reporting unsatisfactory work or conduct.