STATUTORY BODIES (DISCIPLINE AND SURCHARGE) ACT 2000

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 605 STATUTORY BODIES (DISCIPLINE AND SURCHARGE) ACT 2000 As at 22 October 2021 This text is ONLY AN UPDATED TEXT of the Statutory Bodies (Discipline And Surcharge) Act 2000 by the Attorney General’s Chambers. Unless and until reprinted pursuant to the powers of the Commissioner of Law Revision under subsection 14(1) of the Revision of Laws Act 1968 [Act 1], this text is NOT AN AUTHENTIC TEXT. 2 STATUTORY BODIES (DISCIPLINE AND SURCHARGE) ACT 2000 … … … … … 18 August 2000 Date of Royal Assent Date of publication in the Gazette Latest amendment made by P.U. (A) 406/2021 which came into operation on … … … 31 August 2000 … … … … … 22 October 2021 PREVIOUS REPRINTS First Reprint … … … … … 2001 Second Reprint … … … … … 2006 3 LAWS OF MALAYSIA Act 605 STATUTORY BODIES (DISCIPLINE AND SURCHARGE) ACT 2000 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title and commencement 2. Application 3. Relationship of this Act and incorporating law 4. Interpretation PART II DISCIPLINE 5. Application of Regulations 6. Disciplinary authority 7. Appeals 8. Disciplinary proceedings in special cases PART III TERMINATION IN THE PUBLIC INTEREST 9. Termination of service 10. Recommendation by Disciplinary Committee 11. Opportunity to be heard 12. Termination of service is not dismissal 13. Retirement in the public interest 4 Laws of Malaysia ACT 605 PART IV SURCHARGE Section 14. Grounds for surcharge 15. Notice to show cause 16. Imposition of surcharge 17. Notification of surcharge 18. Withdrawal of surcharge 19. Record of surcharge 20. Recovery of surcharge 21. Composition of the Board in special cases 22. Surcharge shall not bar disciplinary action PART V POWERS OF THE PRIME MINISTER AND MINISTER 23. Power to amend Schedules 24. Power to issue directives 25. Power to exempt or vary PART VI GENERAL 26. The Public Authorities Protection Act 1948 27. Administrative directives by the Board PART VII CESSATION OF APPLICATION, SAVING AND TRANSITIONAL 28. Cessation of application of certain provisions of incorporating law 29. Saving and transitional SCHEDULES 5 LAWS OF MALAYSIA Act 605 STATUTORY BODIES (DISIPLINE AND SURCHARGE) ACT 2000 An Act to provide for matters relating to the discipline of, and the imposition of surcharge on, officers of statutory bodies incorporated by federal law, and for matters connected therewith. [1 November 2000, P.U. (B) 361/2000] ENACTED by the Parliament of Malaysia as follows: PART I PRELIMINARY Short title and commencement 1. (1) This Act may be cited as the Statutory Bodies (Discipline And Surcharge) Act 2000. (2) This Act shall come into operation on a date to be appointed by the Prime Minister by notification in the Gazette. Application 2. (1) This Act shall apply to all statutory bodies except the statutory bodies listed in the First Schedule. (2) Notwithstanding subsection (1), the statutory bodies listed in the First Schedule shall ensure that disciplinary provisions applicable to their officers conform as closely as their incorporating law and organizational and remuneration systems permit to the provisions in the Regulations. 6 Laws of Malaysia ACT 605 Relationship of this Act and incorporating law 3. This Act shall be read together and construed as one with the incorporating law of a statutory body. Interpretation 4. In this Act, unless the context otherwise requires— “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; “Director General” 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; “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; “federal law” means an Act of Parliament or an Ordinance which relates to any matter with respect to which Parliament may make laws or subsidiary legislation made under an Act of Parliament or such Ordinance; “Head of Department” means an officer who is responsible for a department, division, unit or branch of a statutory body, and includes Statutory Bodies (Discipline and Surcharge) 7 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 federal law by which a statutory body is incorporated; “Minister”, in relation to a statutory body, means the Minister charged with the responsibilit y for the statutory bod y under the incorporating law or under the Ministerial Functions Act 1969 [Act 2]; “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 a person who is seconded to any subsidiary corporation or 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; “statutory body” means a body, by whatever name called, incorporated by federal law for the purposes of the Federal Government, but does not include a local authority. PART II DISCIPLINE Application of Regulations 5. The Regulations shall apply in respect of the discipline of officers of a statutory body. 8 Laws of Malaysia ACT 605 Disciplinary authority 6. (1) The disciplinary authorities in respect of the various categories of officers shall be the Disciplinary Committees established in accordance with Part I of the Third Schedule and the provisions of that Part shall apply to, and be complied with by, every Disciplinary Committee so established. (2) 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. Appeals 7. 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. Disciplinary proceedings in special cases 8. (1) Where the Director General or his deputy is appointed by the Yang di-Pertuan Agong, the Disciplinary Committee in respect of such Director General or such deputy shall consist of the Minister as chairman and two members of the Board appointed by the Minister. (2) Where the Director General or his deputy is appointed by the Minister, the Disciplinary Committee in respect of such Director General or such deputy shall consist of the Secretary General of the Ministry and two members of the Board appointed by such Secretary General. (3) A Disciplinary Committee established under subsection (1) or (2) shall have the power to conduct disciplinary proceedings against the Director General or his deputy over whom it has Statutory Bodies (Discipline and Surcharge) 9 jurisdiction and may make any recommendation to the Yang di-Pertuan Agong or the Minister by whom the Director General or his deputy was appointed as to the punishment to be imposed on or any other action to be taken against such Director General or his deputy. (4) The decision of the Yang di-Pertuan Agong or the Minister as the case may be, in respect of a Director General or his deputy shall be final. PART III TERMINATION IN THE PUBLIC INTEREST Termination of service 9. (1) Where the Board finds or where representations are made to the Board that it is desirable that the service of an officer be terminated in the public interest, the Board may direct the superior officer of the officer against whom the representations are made to submit to the Board a full report which shall contain particulars relating to the work and conduct of that officer, and the comments of that officer’s Head of Department. (2) If, after considering the report submitted under subsection (1), 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 10. (1) It shall be lawful for a Disciplinary Committee to recommend to the Board that the service of an officer over whom that Committee exercises disciplinary jurisdiction be terminated in the public interest even though no disciplinary proceedings have been carried out under this Act. 10 Laws of Malaysia ACT 605 (2) A recommendation to the Board under subsection (1) shall be accompanied by a full report of the grounds upon which such recommendation is based. (3) The Board may direct the superior officer of the officer referred to in subsection (1) to submit to the Board any additional information in respect of the officer as the Board may require. (4) If, after considering the report submitted under subsection (2) 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 11. Notwithstanding anything in this Act and any other law to the contrary, before the Board makes a decision under section 9 or 10 to terminate the service of an officer, the Board shall give that officer an opportunity to be heard. Termination of service is not dismissal 12. The termination of an officer under section 9 or 10 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 13. Notwithstanding sections 9 and 10, the Board may, with the consent of the pensions authority, require any officer to retire from the service of a statutory body under paragraph 10(5)(d) of the Statutory and Local Authorities Pensions Act 1980 [Act 239]. Statutory Bodies (Discipline and Surcharge) 11 PART IV SURCHARGE Grounds for surcharge 14. A person who is or was in the employment of a statutory body may be surcharged if it appears to the Board that the person— (a) did not or has failed to collect any moneys owing to the statutory body the collection of which he is or was responsible; (b) is or was responsible for any improper payment of moneys from the statutory body or for any payment of moneys not duly approved; (c) is or was responsible, directly or indirectly, for any deficiency in, o