ENACTMENT NO 4 OF 2000 ADMINISTRATION OF ISLAMIC RELIGIOUS AFFAIRS OF THE STATE OF PENANG
Section 3. News sections 25A to 25M
The principal Enactment is amended by inserting after the following sections-
25A. ''Appointment of officer and servant''
(1) The Majlis may appoint or employ such number of officers and servants as it considers necessary to assist the Majlis in carrying out its functions under the Enactment on such terms and conditions as the Majlis may determine.
(2) The Majlis may, with the approval of the Yang di - Pertuan Agong, make regulations relating to the conditions of servise of its officers and servants.
25B. Discipline
The Majlis shall have disciplinary authority over all its officers and servants and shall exercise disciplinary control in respect of all such persons.
25C. Disciplinary Committees
(1) The Majlis may establish different disciplinary committees for different categories of officers and servants.
(2) The following provisions shall apply to a disciplinary committee established under subsection (1) ;
(a) such disciplinary committee shall consist of any number of members of the Majlis, other than the Yang di - Pertua, or officers of the Majlis or any combination of such members and officers : and
(b) an officers who is a member of a disciplinary committee shall not be lower in rank than any officer or servant over whom the disciplinary committee of which he is a member has disciplinary authority.
(3) The disciplinary committee established under subsection (1) shall exercise its powers in all matters relating to the discipline of officers and servants placed under its jurisdiction.
(4) In the exercise of its disciplinary functions and powers, a disciplinary committee referred to in subsection (1) shall have power to take disciplinary punishment or any combination of two or more disciplinary punishment as may be provided for under any regulations made under section 25D.
25D. Power to make disciplinary regulations.
(1) The Majlis, with the approval of the Yang di - Pertuan Agong, may make regulations to provide for the discipline of its officers and servants.
(2) The disciplinary regulations made under this section:
(a) may create disciplinary offences ;
(b) may provide for such disciplinary punishments as the Majlis may deem appropriate, and the punishments may extend to :
(i) a warning ;
(ii) a fine ;
(iii) a forfeiture of emoluments ;
(iv) a deferment of salary movement ;
(v) a reduction of salary ;
(vi) a reduction in rank ; and
(vii) a dismissal ;
(c) shall provide an opportunity for the person against whom disciplinary proceedings are taken to make representations against the disciplinary charge laid against him before a decision is arrived at by the disciplinary committee expert in any of the following cases :
(i) where an officer or a servant of the Majlis is dismissed or reduced in rank on the ground of misconduct in respect of which a criminal charge has been proved against him ;
(ii) where the Majlis, on the recommendation of the Minister charged with the responsibility for home affairs, is satisfied that in the interest of security of Malaysia or any part thereof it is not expedient to carry out the requirement of this paragraph ; or
(iii) where there has been -
(A) made against an officer or servant of the Majlis an order of detention, supervision, restricted residence, banishment or deportation ; or
(B) imposed on an officer or a servant of the Majlis any form of restriction or supervision by bond or otherwise,
under any law relating to the security of Malaysia or any part thereof, prevention of crime, preventive detention, restricted residence, banishment, immigration, or protection of women and girls;
(d) may provide for the interdiction with reduced emoluments of an officer or a servant of the Majlis during the pendency of a criminal proceeding against him or disciplinary proceeding against him with a view to his dismissal or reduction in rank ;
(e) may provide for the suspension without emoluments of an officer or a servant of the
Majlis ;
(i) where the officer or servant has been convicted by a criminal court ; or
(ii) where an order of detention or restriction has been made in respect of or imposed on the officer or servant ; and
(f) may provide for the procedure for hearing of appeals by the Disciplinary Appeal Board established under section 25E.
25E. Disciplinary Appeal Board
(1) A decision of the disciplinary committee under section 25C shall be appealable to the Disciplinary Appeal Board which shall consist of the following members:
(a) the Yang di - Pertua who shall be the Chairman of the Appeal Board and who shall have the casting vote; and
(b) two other member of the Majlis, not being members of the disciplinary committee whose decision is the subject matter of the appeal, to be appointed by the Chairman of the Disciplinary Appeal Board with the approval of the Majlis for the purpose of the appeal.
(2) When the Disciplinary Appeal Board considers an appeal made under this section, a member of the disciplinary committee against whose decision the appeal is made who is also a member of the Majlis shall not be present or in any way participate in any proceeding relating to that appeal.
(3) The Disciplinary Appeal Board may confirm, reverse or vary the decision of the disciplinary committee.
25F. Ground for surcharge
(1) A person who is or was in the employment of the Majlis may be surcharged if it appears to the Majlis that the person :
(a) a did not or has failed to collect any monies owing to the Majlis the collection of which he is or was responsible ;
(b) is or was responsible for any improper payment of monies from the Majlis or for any payment of monies noy duly approved ;
(c) is or was responsible, directly or indirectly, for any deficiency in, or for the destruction of, any money, stores 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 monies from the Majlis to any person to whom the payment is due under any law or under any contract, agreement or arrangemant entered into between that person and the Majlis.
(2) In this section, ''accounting officer'' includes every officer and servant who is charged with :
(a) the duty of collecting, receiving or accounting for, or who in fact collects, receives or accounts for, any monies of the Majlis;
(b) the duty of disbursing, or who does in fact disburse, any monies of the Majlis ; or
(c) the duty of receiving, keeping or disposing of, or the accounting for, any stores or property of the Majlis, or who in fact receives, hold, disposes or accounts for such stores or property.
25G. Notice to show cause
The Majlis shall, before a person is surcharged, serve upon him a written notice requesting him to show cause why he should not be surcharged.
25H. Imposition of surcharge
If a satisfactory explanation is not received within 14 days from the date of servise of the notice on a person under section 25G, the Majlis may-
(a) in the case of an act or omission described in paragraph 25F(1)(a), (b)or (c), surcharge against the person a sum of money not exceeding the amount not collected or of the improper payment made or of the value of the deficiency in the property or the value of the property destroyed; and
(b) in the case of an or omission described in paragraph 25F (d)or (e), surcharge against the person such sum as the Majlis deems fit having regard to the circumstances of the case.
25I. Notification of surcharge
Where a person in surcharged under section 25H, the Majlis shall notify him in writing of the imposition of the surcharge.
25J. Withdrawal of surcharge
Notwithstanding sedtions 25H and 25I, 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 imposed, and the Majlis shall immpediately notify the person surcharged of the withdrawal.
25K. Record of surcharge
Every surcharge imposed on an officer under section 25H shall be recorded in the Record of Service of the officer.
25L. Recovery of surcharge
The amount of any surcharge imposed under section 25H and not withdrawn under section 25J shall be a debt due to the Majlis from the person surcharged any may be sued for and recovered in any court by the Majlis and may also, if the Majlis so directs, be recovered by deduction -
(a) from the salary of the person surcharged;or
(b) from the pension of the person surcharged,
by equal monthly instalments each not exceeding one - fourth of the total monthly salary or pension, as the case may be, of that person.
25M. Surcharge shall not bar disciplinary action
Any action taken against an officer under this part shall not bar any disciplinary action from being instituted against him in accordance with the Regulations.''