SCHEDULE 2 (MAJLIS AGAMA ISLAM DAN ‘ADAT MELAYU PERAK

ENACTMENT NO. 4 OF 2001
MAJLIS AGAMA ISLAM DAN ‘ADAT MELAYU PERAK
(DISCIPLINE AND SURCHARGE) ENACTMENT 2001

SCHEDULE 2

SECOND SCHEDULE
[Sections 6 and 7]

COMPOSITION AND JURISDICTION OF DISCIPLINARY COMMITTEE AND DISCIPLINARY APPEAL COMMITTEE OF THE MAJLIS

PART I
DISCIPLINARY COMMITTEE

Establishment of Disciplinary Committee

1. There shall be established for the Majlis a Disciplinary Committee which shall consist of:

(a) a Chairman, appointed by the Majlis; and

(b) two members of the Majlis appointed by the Majlis.

Jurisdiction of Disciplinary Committee

2. Disciplinary Committee shall have jurisdiction over all matters relating to the conduct and discipline of each officer.

Disciplinary Committee shall comply with the Rules

3. In exercising its functions under this Enactment, the Disciplinary Committee shall comply with the Rules in the First Schedule.

Declaration of interest

4. (1) If the Chairman or any member of the Disciplinary Committee has any interest in any disciplinary proceedings, 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.

(2) The Chairman or any member of the 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. The Majlis may, for reasons which shall be recorded, appoint any member of the Majlis to sit as the Chairman or a member of the Disciplinary Committee in place of the Chairman or any member in any disciplinary proceedings against an officer.

Meetings of Disciplinary Committee

6. (1) For the purpose of performing its functions, the Disciplinary Committee shall meet on a date and at a place and time to be determined by the Chairman of the Disciplinary Committee.

(2) Every meeting shall be attended by all members of the Disciplinary Committee.

Voting in meetings of Disciplinary Committee

7. All questions raised in the meetings of the Disciplinary Committee shall be decided by the votes of the majority, and if the number of votes are equal, then the Chairman shall have the casting vote.

Record of meeting of Disciplinary Committee

8. The Chairman of the 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

9. (1) Before making any decision on any matter which it is required to determine in any disciplinary proceedings, the 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.

(2) An investigation committee shall consist of at least two members of the Majlis.

(3) The investigation procedures provided for in respect of an Investigation Committee in the Rules in the First Schedule shall apply to an investigation committee carrying out investigation under this paragraph.

Decision of Disciplinary Committee to be communicated to officer

10. The 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.

PART II
DISCIPLINARY APPEAL COMMITTEE

Establishment of Disciplinary Appeal Committee

11. (1) There shall be established for the Majlis a Disciplinary Appeal Committee consisting of the-

(a) State Secretary;

(b) State Legal Adviser; and

(2) The State Secretary shall be the Chairman of the Disciplinary Appeal Committee.

Jurisdiction of the Disciplinary Appeal Committee

12. The Disciplinary Appeal Committee shall have the power to receive, consider and determine any appeal submitted by an officer against the decision of the Disciplinary Committee.

Declaration of interest

13. (1) If the Chairman or any member of the 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.

(2) The Chairman or any member of the 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.

Meeting of Disciplinary Appeal Committee

14. (1) For the purpose of performing its functions, the 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.

(2) Every meeting of the Disciplinary Appeal Committee shall be attended by all members of the Disciplinary Appeal Committee.

Voting in meetings of Disciplinary Appeal Committee

15. All questions raised in the meetings of the Disciplinary Appeal Committee shall be decided by the votes of the majority, and if the number of votes are equal, then the Chairman shall have the casting vote.

Record of meetings of Disciplinary Appeal Committee

16. The Chairman of the 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

17. (1) An appeal by any officer who has been found gulity by the Disciplinary Committee shall be made in writing, through the Secretary, to the Disciplinary Appeal Committee within a period of fourteen days from the date the decision of the Disciplinary Committee is served on him.

(2) The Secretary shall, not later than fourteen days from the date he receives such appeal, submit that appeal to the Disciplinary Committee.

(3) Within a period of thirty days from the date it receives the appeal and the Secretary’s Comments, the Disciplinary Committee 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.

(4) The Chairman of the Disciplinary Appeal Committee may extend the periods specified in subparagraph (1), (2) and (3) on the application of the officer concerned and on sufficient cause being shown.

Hearing of appeal

18. (1) Immediately after receiving the appeal documents as provided in paragraph 17, the Chairman of the Disciplinary Appeal Committee shall convene a meeting of the Disciplinary Appeal Committee to consider such appeal.

(2) 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.

(3) 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

19. (1) In considering an appeal under paragraph 18 against the decision of the Disciplinary Committee, the Disciplinary Appeal Committee may—

(a) confirm the decision of the Disciplinary Committee;

(b) confirm the decision of the Disciplinary Committee as regards the misconduct of that officer, but vary the punishment to a lesser punishment; or

(c) reverse the decision and punishment of the Disciplinary Committee and acquit that officer from the charge against him.

(2) The decision of the Disciplinary Appeal Committee is final.

Officer to be notified of decision of Disciplinary Appeal Committee

20. As soon as practicable after making its decision under paragraph 19 on an appeal made by an officer, the Disciplinary Appeal Committee shall notify the officer of that decision.

Passed this 30 July 2001.
[PSUK.PK.(MAJ) A355/737/1 Jld.2;
PU.PK. 40/2001].

HAJI SHARAIDIN BIN TAKIN
Secretary,
State Legislative Assembly,
Perak Darul Ridzuan