- (a) two members to be elected by and from the members of the Majlis one of whom shall be appointed the Chairman; and
(b) the Secretary.
(2) The disciplinary authority in respect of every officer and servant of the Majlis, other than the Secretary shall be the Disciplinary Board established under subsection (1).
(3) The Disciplinary Board in respect of the Secretary shall consist of three members to be elected by and from the members of the Majlis one of whom shall appointed as Chairman, provided that if the Secretary is an officer in the general public service of the Federation he shall be subject to the appropriate Disciplinary Board of the Public Service Commission.
(4) The Secretary shall not be a member of the Disciplinary Board or Disciplinary Committee established under subsection (6) in any proceedings before them in which he is the complainant; his place shall be taken by a member to be elected by and from the members of the Majlis.
(5) In the exercise of its disciplinary functions and powers the Disciplinary Board shall have the power to impose such disciplinary punishment as may be provided for under any regulations that may be made under section 76.
(6) The Disciplinary Board may, subject to subsection (7), delegate any of its disciplinary functions and powers to any committee of officers or servants of the Majlis to be known as the Disciplinary Committee, in respect of any particular officer or servant of the Majlis or in respect of any class or category of officers servants of the Majlis and the Disciplinary Committee delegated with such functions and powers shall carry out, exercise or discharge them under the direction and control of the Disciplinary Board which shall have the power to review, rescind or vary any decision or finding of such committee.
(7) No delegation shall be made under subsection (6) so as to enable an officer or servant of the Majlis to be a member of any Disciplinary Committee which may, exercise any disciplinary authority over an officer or servant who is superior to him in rank.
- (a) the Chairman of the Majlis as Chairman;
(b) the State Secretary; and
(c) the State Legal Adviser.
(2) Any officer or servant of the Majlis who is dissatisfied with the decision of the Disciplinary Board or of any Disciplinary Committee delegated with functions and powers under subsection (6) of section 23B may, within fourteen days, appeal in writing against such decision to the Disciplinary Appeal Board which may thereupon affirm, reverse or give such directions on the matter as it deems fit and proper.
(3) When the Disciplinary Appeal Board considers any appeal under subsection (2), no member of the Disciplinary Board or of the Disciplinary Committee, as the case may be, against whose decision the appeal is made, shall be present in any proceedings relating to that appeal.
(4) The decision of the Disciplinary Appeal Board upon such appeal shall be final and conclusive.
- (a) has failed to collect any moneys owing to the Majlis for the collection of which he is responsible;
(b) is or was responsible for any payment from the Fund of moneys which ought not to have been made or for any payment of moneys which is not duly approved;
(c) is or was responsible, directly or indirectly, for any deficiency in, or the destruction of, any moneys, stamps, securities, store or other property of the Majlis;
(d) being or having been an accounting officer, fails or has failed to keep proper accounts or records; or
(e) has failed to make any payment, or is or was responsible for any delay in the payment, of moneys from the Fund to any person to whom such payment is due under any contract, agreement or arrangement entered into between that person and the Majlis,
the Majlis shall serve on him a written notice calling on him to show cause why he should not be surcharged, and if a satisfactory explanation is not, within fourteen days from the date of service of the notice as aforesaid, furnished to the Majlis with regard to the failure to collect, payment which ought not to have been made, payment not duly approved, deficiency or destruction, or failure to keep proper accounts or records, or failure to make payment, or delay in making payment, the Majlis may surcharge against the said person a sum not exceeding the amount of any such amount not collected, such payment , deficiency, or loss or the value of the property destroyed, as the case may be; and with regard to the failure to keep proper accounts or records, or the failure to make payment, or the delay in making payment the Majlis may surcharge against the said person such sum as the Majlis may think fit.
(2) The Chairman shall cause the Secretary to be notified of any surcharge made under subsection (1) and the Secretary shall thereupon notify the person surcharged.
(3) The Majlis may at any time withdraw any surcharge in respect of which a satisfactory explanation has been received or if it otherwise appears that no surcharge should have been made, and the Chairman shall at once cause the Secretary to be notified of such withdrawal.
(4) The amount of any surcharge made under subsection (1) and not withdrawn under subsection (3) shall be a debt due to the Majlis from the person against whom the surcharge is made and may be sued for and recovered in any court at the suit of the Majlis and may also be recovered by deduction -
- (a) from the salary of the person surcharged if the Majlis so directs; or
(b) from the pension of the person surcharged if the Majlis so directs,
by equal monthly instalments not exceeding one-fourth of the total monthly salary or pension, as the case may be, of that person.".