ENACTMENT NO. 4 OF 2001
MAJLIS AGAMA ISLAM DAN ‘ADAT MELAYU PERAK
(DISCIPLINE AND SURCHARGE) ENACTMENT 2001
SCHEDULE 1
FIRST SCHEDULE
[Section 5]
MAJLIS DISCIPLINARY RULES
PART I
PRELIMINARY
Application
1. (1) These Rules shall apply to an officer throughout the period of his service.
(2) The breach by an officer of any provision of the code of conduct set out in these Rules shall render him liable to disciplinary action.
Interpretation
2. (1) In these Rules, unless the context otherwise requires—
“child” means—
(a) a child under the age of eighteen years of an officer, including—
(i) a posthumous child, a dependent step–child and an illegitimate child of the officer;
(ii) a child adopted by the officer under any written law relating to adoption or under any custom or usage, upon satisfactory evidence of that adoption; and
(b) a child of any age who is mentally retarded or physically and permanently incapacitated and is incapable of supporting himself;
“financial institution” means a bank or financial institution licensed under the Banking and Financial Institutions Act 1989 [Act 372] or an Islamic bank licensed under the Islamic Banking Act 1983 [Act 276];
“co-operative society” means a co-operative society registered under the Co-operative Societies Act 1993 [Act 502];
“court” means a court, including a Syariah Court, which has competent jurisdiction to try a person for a criminal offence;
“insurer” means an insurer licensed under the Insurance Act 1996 [Act 553] or a Takaful operator registered under the Takaful Act 1984 [Act 312].
“conviction” or “convicted”, in relation to an officer, means a finding by a criminal court, including a Syariah Court, which has competent jurisdiction under any written law that such officer is guilty of a criminal offence;
PART II
CODE OF CONDUCT
General
3. (1) An officer shall at all times give his undivided loyalty to the Duli Yang Maha Mulia Sultan, the State, the Government and the Majlis.
(2) An officer shall not—
(a) subordinate his duty to the Majlis to his private interest;
(b) conduct himself in such a manner as is likely to bring his private interest into conflict with his duty to the Majlis;
(c) conduct himself in any manner likely to cause a reasonable suspicion that—
(i) he has allowed his private interests to come into conflict with his duty to the Majlis so as to impair his usefulness as an officer; or
(ii) he has used his position as an officer for his personal advantage;
(d) conduct himself in such manner as to bring the Majlis into disrepute or to bring discredit to the Majlis;
(e) lack efficiency or industry;
(f) be dishonest or untrustworthy;
(g) be irresponsible;
(h) bring or attempt to bring any form of outside influence or pressure to support or advance any claim relating to or against the Majlis, whether the claim is his own claim or that of any other party;
(i) be insubordinate or conduct himself in any manner which can be reasonably construed as being insubordinate; and
(j) be negligent in performing his duties.
Outside employment
4. (1) Unless and to the extent that he is required or authorized to do so in the course of his duties as an officer, an officer shall not—
(a) take part, either directly or indirectly, in the management or dealings of any commercial, agricultural or industrial undertaking;
(b) undertake for reward any work with any institution, company, firm or private individual;
(c) as an expert, furnish any report or give any evidence, whether gratuitously or for reward.
(2) Notwithstanding subrule (1), an officer may, with the prior written permission of the Secretary, carry on any activities or perform any of the services specified in that subrule, either for his benefit or for the benefit ofhis close relatives or any non-profit making body of which he is an officebearer.
(3) In considering whether or not permission should be granted to any officer under subrule (2), the Secretary shall have regard to the code of conduct as laid down in rule 3 and shall ensure that the activity or service—
(a) does not take place during office hours and during such time when the officer is required to perform his official duties;
(b) does not in any way tend to impair the officer’s usefulness as an officer; and
(c) does not in any way tend to conflict with the interests of the Majlis, or be inconsistent with the officer’s position as an officer of the Majlis.
(4) Except as may otherwise be determined by the Majlis, all sums of money received by an officer as remuneration for carrying on any of the activities or performing any of the services mentioned in subrule (1) shall be deposited with the Majlis pending the decision of the Majlis as to the amount, if any, which may be retained by the officer personally and by any other officer who assists such officer in carrying on the activity or performing the service.
Dress etiquette
5. (1) An officer on duty shall always be properly attired in such manner as may be specified by the Majlis through directives issued from time to time by the Secretary.
(2) An officer who is required to attend an official function shall be attired as specified for the function, and if the dress etiquette for such function is not specified, he shall be properly attired for such functions.
Drugs
6. (1) An officer shall not use or consume any dangerous drug, except as may be prescribed for his consumption for medicinal purposes by a medical practitioner who is registered under the Medical Act 1971 [Act 50], or abuse or be addicted to any dangerous drug.
(2) If a Government Medical Officer certifies that an officer is using or consuming, other than for medicinal purposes, a dangerous drug or is abusing or addicted to a dangerous drug, that officer shall be liable to disciplinary action with a view to dismissal.
(3) Notwithstanding subrule (2), the service of an officer whom a Government Medical Officer has certified to be using or consuming, other than for medicinal purposes, a dangerous drug or abusing or addicted to a dangerous drug may be terminated in the public interest under Part III of this Enactment.
(4) For the purpose if this rule, “dangerous drug” means any drug or substance listed in the First Schedule to the Dangerous Drugs Act 1952 [Act 234].
Presents, etc.
7. (1) An officer shall not receive or give nor shall he allow his spouse or any other person to receive or give on his behalf any present, whether in a tangible form or otherwise, from or to any person, association, body or group of persons if the receipt or giving of such present is in any way connected, either directly or indirectly, with his official duties.
(2) The Secretary may, if he thinks fit, permit the officer to receive a letter of recommendation from any person, association, body or group of persons on the occasion of the officer’s retirement or transfer so long as such letter of recommendation is not enclosed in a receptacle of value.
(3) The Secretary may permit the collection of spontaneous contributions by officers for the purpose of making a presentation to an officer on the occasion of the officer’s retirement, transfer or marriage or any other appropriate occasion.
(4) If—
(a) an officer is in doubt as to whether the form, amount or value of a present received by him is commensurate with the purpose for which such present is given; or
(b) the circumstances make it difficult for an officer to refuse a present or token of value, the receipt of which is prohibited by this rule,
such present may be formaly accepted but the officer shall, as soon as practicable, submit to the Secretary a written report containing a full description and theestimated value of the present and the circumstances under which it was received.
(5) Upon receipt of a report made under subrule (4), the Secretary shall—
(a) permit the officer to retain the present; or
(b) direct that the present be returned, through the Secretary, to the giver.
Entertainment
8. An officer may give to or accept from any person any kind of entertainment if—
(a) the entertainment does not in any manner influence the performance of his duties as an officer in the interest of that person; and
(b) the giving or acceptance of such entertainment is not in any way inconsistent with rule 3.
Ownership of property
9. (1) An officer shall, on his appointment to the service of the Majlis or at any time thereafter as may be required by the Majlis, declare in writing to the Disciplinary Committee, through the Secretary, all properties owned by him or by his spouse or child or held by any person on his behalf or on behalf of his spouse or child.
(2) An officer who does not own any property shall make a declaration in writing to that effect.
(3) Where, after making a declaration under subrule (1), an officer or his spouse or child acquires any property, either directly or indirectly, or any property acquired by him or by his spouse or child is disposed of, that officer shall immediately, through the Secretary, declare such acquisition or disposal of property to the Disciplinary Committee.
(4) Where an officer or his spouse or child intends to acquire any property, and the acquisition is inconsistent with rule 3, the acquisition shall not be made without the prior written permission of the Disciplinary Committee.
(5) In deciding whether or not to grant permission under subrule (4), the Disciplinary Committee shall have regard to the following matters:
(a) the size, amount or value of the property in relation to the officer’s emoluments and any legitimate private means;
(b) whether the acquisition or holding of such property will or is likely to conflict with the interests of the Majlis or with the officer’s position as an officer, or be in any way inconsistent with rule 3.
(c) the Secretary’s comments pertaining to the acquisition or ownership of the property;
(d) any other factor which the Disciplinary Committee may consider necessary for upholding the integrity and efficiency of the Majlis and officers.
(6) The Disciplinary Committee shall, if it is satisfied with the declaration of property made by the officer, direct the Secretary to record in the officer’s Records of Service that the declaration has been made.
(7) Every declaration under subrule (1) shall be classified as secret and every person who gains information under this rule of any such declaration shall preserve it secrecy.
(8) For the purpose of this rule, “property” means any property, whether movable or immovable, which the officer is required from time to time by the Majlis to declare, being property which has been acquired by the officer through purchase, gift, inheritance or other means, and includes property acquired or held by the officer’s spouse or child.
Maintaining a standard of living beyond emoluments and legitimate private means
10. (1) Where the Secretary is of the opinion that an officer is or appears to be—
(a) maintaining a standard of living which is beyond his emoluments and other legitimate private means, if any; or
(b) in control or in possession of pecuniary resources or property, movable or immovable, the value of which is disproportionate to, or which could not reasonably be expected to have been acquired by the officer with his emoluments and other legitimate private means,
the Secretary shall, by notice in writing, call upon the officer to give a written explanation within a period of thirty days from the date of receipt of such notice on how he is able to maintain such standard of living or how he obtained such pecuniary resources or property.
(2) The Secretary shall, upon receipt of the explanation under subrule (1) or, where the officer fails to give any explanation within the specified period, upon the expiry of such period, report this fact to the Disciplinary Committee together with the officer’s explanation, if any.
(3) Upon receipt of the report under subrule (2), the Disciplinary Committee may take disciplinary action against the officer or take such other action against the officer as it deems fit.
Borrowing money
11. (1) No officer may borrow from any person or stand as surety to any borrower, or in any manner place himself under a pecuniary obligation to any person—
(a) who is directly or indirectly subject to his official authority;
(b) with whom the officer has or is likely to have official dealings; or
(c) who carries on the business of money lending.
(2) Notwithstanding subrule (1), an officer may borrow money from, or stand as surety to any person who borrows money from, any financial institution, insurer or co-operative society or incur debt through the acquisition of goods by means of hire-purchase agreements, if—
(a) the financial institution, insurer or co-operative society from which the officer borrows is not directly subject to his official authority;
(b) the borrowing does not and will not lead to public scandal and cannot be construed as an abuse by the officer of his position as an officer to his private advantage; and
(c) the aggregate of his debts does not or is not likely to cause the officer to be in serious pecuniary indebtedness as defined under subrules 12 (7) and (8).
(3) Subject to subrule (2), an officer may incur debts arising from—
(a) sums borrowed on the security of land charged or mortgaged, where the sums borrowed do not exceed the value of the land;
(b) overdrafts or other credit facilities approved by financial institutions;
(c) sums borrowed from insurers on the security of insurance policies;
(d) sums borrowed from the Government, the Majlis or any co-operative society; or
(e) payment due on goods acquired by means of hire-purchase agreements.
Serious pecuniary indebtedness
12. (1) An officer shall not in any manner cause himself to be in serious pecuniary indebtedness.
(2) Serious pecuniary indebtedness from whatever cause, other than as a result of unavoidable misfortune not contributed to in any way by the officer himself, shall be regarded as bringing disrepute to the Majlis and shall render the officer liable to disciplinary action.
(3) Where serious pecuniary indebtedness has occurred as a result of unavoidable misfortune, the Majlis may give to the officer such assistance as the circumstances may warrant.
(4) If an officer finds that his debts cause or are likely to cause serious pecuniary indebtedness to him, or civil proceedings arising from the debts have been instituted against him, he shall immediately report this fact to the Secretary.
(5) An officer who fails or delays in reporting his serious pecuniary indebtedness or who reports his serious pecuniary indebtedness but fails to disclose its full extent or gives a false or misleading account of such indebtedness commits a breach of discipline and shall be liable to disciplinary action.
(6) Without prejudice to the other provisions of this rule, where an officer’s debts amount to serious pecuniary indebtedness but he has not been adjudged a bankrupt, the Secretary shall monitor and, from time to time, review the case.
(7) For the purpose of this rule, the expression “serious pecuniary indebtedness” means the state of an officer’s indebtedness which, having regard to the amount of debts incurred by him, has actually caused serious financial hardship to him.
(8) Without prejudice to the general meaning of the expression “serious pecuniary indebtedness” set out in subrule (7), an officer shall be deemed to be in serious pecuniary indebtedness if—
(a) the aggregate of his unsecured debts and liabilities at any given time exceeds six times his monthly emoluments;
(b) he is a judgement debtor and the judgement debt has not been settled within the period specified in the judgement; or
(c) he is a bankrupt, for so long as he is not discharged from bankruptcy or his adjudication of bankruptcy has not been annulled.
Report of serious pecuniary indebtedness
13. (1) If an officer reports under subrule 12(4) that civil proceedings have been instituted against him or the Secretary receives any report from any party that civil proceedings have been institued against an officer, the Secretary shall obtain from the court an extract of the court’s final decision in those proceedings.
(2) The Secretary shall make arrangements with the appropriate court authority to obtain from such authority a report in respect of the officer if—
(a) the officer, being a judgement debtor, does not appear from the file of the suit to have settled the debt within the period specified in the judgement;
(b) the officer has filed his own petition in bankruptcy; or
(c) a creditor’s petition in bankruptcy has been presented against the officer.
(3) In addition to such arrangement as may be made under subrule (2), the Secretary shall make arrangements with the Official Assignee for the Official Assignee to communicate to the Secretary of an officer who is a bankrupt a report containing the following matters—
(a) the statement of affairs file by the officer in accordance with the bankruptcy law for the time being in force;
(b) the amount of instalment payment ordered or proposed to be made;
(c) whether or not the Official Assignee proposes to initiate any further proceedings and, if so, a brief indication relating to the nature of those further proceedings;
(d) the main cause of the bankruptcy;
(e) whether in the opinion of the Official Assignee the case involves unavoidable misfortune, dishonourable conduct or any other special circumstances, favourable or unfavourable to the officer; and
(f) any other matter which the Official Assignee, in his discretion, thinks it proper to mention.
(4) The secretary shall forward the report of the officer and extract of the court’s decision received under subrule (1) and the reports received under subrules (2) and (3) to the Disciplinary Committee together with his report on the officer’s work and conduct before and since his serious pecuniary indebtedness.
(5) After considering all the reports and extract forwarded to it under subrule (4), the Disciplinary committee shall decide whether to take disciplinary action against the officer.
(6) If the disciplinary action taken against the officer results in a punishment of deferment of salary movement, the Disciplinary Committee may, upon the expiry of the period of deferment of salary movement, order that an amount equivalent to the amount of the restored salary movement be added to the instalments payable to the Official Assignee or to any judgement creditor.
(7) An officer who has been discharged from bankruptcy or whose adjudication of bankruptcy has been annulled shall be treated as having fully restored his financial credit.
Lending money
14. (1) An officer shall not lend money at interest, whether with or without security.
(2) The placing of money on fixed deposit or into an account in any financial institution or co-operative society or in bonds issued by the Government or by the Majlis shall not be regarded as lending of money at interest for the purposes of this rule.
Involvement in the futures market
15. No officer shall involve himself as a buyer or seller or otherwise in the futures market, whether a local or foreign market.
Gambling or lotteries, etc.
16. An officer shall not hold or organize or participate in, any gambling activity or lotteries.
Publication of books, etc.
17. An officer shall not publish or write any book, article or other work which is based on classified official information.
Making public statements
18. (1) An officer shall not, either orally or in writing or in any other manner—
(a) make any public statement that is detrimental to any policy, programme or decision of the Majlis or the Government on any issue;
(b) make any public statement which may embarrass or bring disrepute to the Majlis or the Government;
(c) make any comments on any weaknesses of any policy, programme or decision of the Majlis or the Government;
(d) circulate such statement or comments, whether made by him or any other person.
(2) An officer shall not, either orally or in writing or in any other manner—
(a) make any comments on the advantages of any policy, programme or decision of the Majlis or the Government;
(b) give any factual information relating to the exercise of the functions of the Majlis;
(c) give any explanation in respect of any incident or report which involves the Majlis or the Government; or
(d) disseminate any such comments, information or explanation whether made by him or any other person, unless the prior written permission, either generally or specifically, has first been obtained from the Secretary.
(3) Subrule (2) shall not apply to any comment, information or explanation made, given or disseminated where the contents of the comment, information or explanation had been approved by the Secretary.
(4) For the purpose of this rule “public statement” includes any statement or comment made to the press or to the public or in the course of any public lecture or speech or in any broadcast or publication, regardless of the means.
Prohibition on acting as an editor, etc., in any publication
19. An officer shall not act as the editor of, or take part directly or indirectly in the management of, or in any way make any financial contribution or otherwise to, any publication, including any newspaper, magazine or journal, regardless of the means by which it is published, except the following publications:
(a) Majlis publications;
(b) professional publications;
(c) publications of non-political voluntary organizations; and
(d) publications approved in writing by the Secretary for the purposes of this rule.
Taking part in politics
20. (1) An officer in the Top Management Group or the Managerial and Professional Group shall not take an active part in political activities or wear any emblem of a political party, and in particular, he shall not—
(a) make any public statement, whether orally or in writing, that would convey a partisan view on any matter which is an issue between political parties;
(b) publish or circulate any material setting forth his partisan views or the views of other persons, on any matter pertaining to any political party;
(c) engage in canvassing in support of any candidate at an election to the Dewan Rakyat or to any State Legislative Assembly or any election to any office in any political party;
(d) act as an election agent or a polling agent or in any capacity for or on behalf of a candidate at an election to the Dewan Rakyat or to any State Legislative Assembly;
(e) stand for election for any post in any political party; or
(f) hold any post in any political party.
(2) An officer in the Support Group may, after obtaining the written approval of the Majlis, be permitted to stand for election or hold office or be appointed to any post in a political party.
(3) Notwithstanding subrule (1), an officer who has been granted leave until the date of his retirement for the purpose of finishing his accumulated leave may participate in political activities if—
(a) he has obtained the prior written approval of the Majlis to do so; and
(b) by being so engaged he does not contravene the provisions of the Official Secrets Act 1972 [Act 88].
(4) An application for approval under paragraph (3)(a) shall be made not less than three months before the date the officer is allowed to go on leave prior to retirement.
(5) Nothing in this rule shall preclude an officer from being an ordinary member of any political party
Duty to exercise disciplinary control and supervision
21. (1) It is the duty of every officer to exercise disciplinary control and supervision over his subordinates and to take appropriate action for any breach of the provisions of these Rules.
(2) An officer who fails to exercise disciplinary control and supervision over his subordinates, or to take action against his subordinate who breaches any provision of these Rules shall be deemed to have been negligent in the performance of his duties and to be irresponsible, and he shall be liable to disciplinary action.
PART III
ABSENCE WITHOUT LEAVE
Absence from duty
22. In this Part “absence”, in relation to an officer, includes a failure to be present for any length of time at a time and place where the officer is required to be present for the performance of his duties.
Disciplinary action for absence without leave
23. An officer’s absence from duty without leave or without prior permission or without reasonable cause shall render him liable to disciplinary action.
Procedure in cases of absence without leave
24. (1) Where an officer is absent from duty without leave or without prior permission or without reasonable cause, the Secretary shall, as soon as possible, report that fact together with the dates and circumstances of such absence and any further information in respect of such absence to the Disciplinary Committee.
(2) The Disciplinary Committee may, after considering the report of the Secretary under subrule (1), institute disciplinary action against the officer.
Procedure where officer is absent without leave and cannot be traced
25. (1) Where an officer is absent from duty without leave or without prior permission or without reasonable cause for seven consecutive working days and cannot be traced, the Secretary shall cause a letter to be delivered personally or sent by A.R. registered post to the officer at his last-known address, directing the officer to immediately report for duty.
(2) If, after the letter is delivered—
(a) the officer reports for duty; or
(b) the officer fails to report for duty or no news is heard from him, the Secretary shall submit a report to the Disciplinary Committee and the Disciplinary Committee shall institute disciplinary action against the officer.
(3) If the letter cannot be delivered in person to the officer by reason of the fact that he is no longer residing at his last-known address or if the A.R. registered letter is returned undelivered, the Secretary shall report the matter to the Disciplinary Committee.
(4) The Disciplinary Committee shall, upon receiving the report referred to in subrule (3), take steps to publish a notice in at least one daily newspaper published in the national language and having national circulation as determined by the Disciplinary Committee—
(a) of the fact that the officer has been absent from duty and cannot be traced; and
(b) requiring the officer to report for duty within seven days from the date of such publication.
(5) If the officer reports for duty within seven days from the date of publication of the notice referred to in subrule (4), the Secretary shall report the matter to the Disciplinary Committee and the Disciplinary Committee shall institute disciplinary proceedings against the officer.
(6) If the officer fails to report for duty within seven days from the date of the publication of the notice referred to in subrule (4), the officer shall be deemed to have been dismissed from the service of the Majlis with effect from the date he was absent from duty.
(7) The dismissal of an officer by virtue of subrule (6) shall be notified in the Gazette.
Forfeiture of emoluments due to absence from duty
26. (1) Where an officer has been found guilty for being absent from duty without leave or without prior permission or without reasonable cause, he shallnot be entitled to any emolument for the period of his absence and all suchemoluments shall be deemed to have been forfeited notwithstanding that the Disciplinary Committee may not have ordered such forfeiture.
(2) an officer whose emoluments are forfeited under subrule (1) shall be notified in writing of the forfeiture.
(3) The forfeiture of emoluments by virtue of subrule (1) is not a disciplinary punishment.
PART IV
OFFICERS SUBJECT TO CRIMINAL PROCEEDINGS, ETC.
Procedure where criminal proceedings are instituted against an officer
27. (1) An officer shall immediately inform the Secretary if any criminal proceedings are instituted against him in any court.
(2) Where it comes to the knowledge of the Secretary from any source that criminal proceedings have been instituted in any court against the officer, the Secretary shall obtain from the Registrar, Deputy Registrar or Senior Assistant Registrar of the court in which the proceedings were instituted a report containing the following information:
(a) the charge or charges against the officer;
(b) if the officer was arrested, the date and time of his arrest;
(c) whether or not the officer is on bail; and
(d) such other information as is relevant.
(3) Upon receipt of the report referred to in subrule (2), the Secretary shall forward the report to the Disciplinary Committee together with his recommendation as to whether or not the officer should be interdicted from duty.
(4) Upon consideration of the report and the Secretary’s recommendation forwarded to it under subrule (3), the Disciplinary Committee may, if it deems fit, interdict the officer from the exercise of his duties.
(5) Upon the completion of the criminal proceedings against the officer, the Secretary shall obtain from the Registrar, Deputy Registrar or Senior Assistant Registrar of the court before whom the case was disposed of and forward to the Disciplinary Committee—
(a) the decision of that court; and
(b) information relating to appeals, if any, filed by that officer or the Public Prosecutor.
(6) Where criminal proceedings against an officer result in his conviction, the Disciplinary Committee shall, whether or not the officer appeals against the conviction, suspend the officer from the exercise of his duties with effect from the date of his conviction pending the decision of the Disciplinary Committee under rule 28.
(7) Where criminal proceedings against an officer result in his acquittal and there is no appeal by or on behalf of the Public Prosecutor against such acquittal, the officer shall be allowed to resume his duties and he shall be entitled to receive any emoluments which had not been paid during the period of his interdiction as well as the annual leave to which he was entitled during the period of his interdiction.
(8) Where the criminal proceedings against the officer result in his acquittal and appeal is lodged by the Public Prosecutor, the Disciplinary Committee shall decide whether or not the officer should continue to be interdicted until the appeal is determined.
(9) Where criminal proceedings against an officer result in his conviction but on appeal the officer is acquitted, the officer shall be allowed to resume his duties and he shall be entitled to receive any emoluments which had notas to any annual leave to which he was entitled during the period of his interdiction or suspension or both.
(10) Where criminal proceedings against an officer result in his acquittal but on appeal the officer is convicted, the Disciplinary Committee shall suspend the officer from the exercise of his duties with effect from the date of his conviction pending the decision of the Disciplinary Committee under rule 28.
(11) For the purpose of this rule, the word “acquittal” includes a discharge not amounting to an acquittal.
Responsibility of the Secretary if officer is convicted of criminal offence
28. (1) Where criminal proceedings against an officer result in his conviction and he does not appeal against such conviction, or where his appeal against the conviction has been dismissed or where the Public Prosecutor’s appeal against his acquittal results in his conviction, the Secretary shall immediately obtain a copy of the court’s decision from the Registrar, Deputy Registrar or Senior Assistant Registrar of the court by which he was convicted or his appeal is dismissed.
(2) Upon receipt of the decision referred to in subrule (1), the Secretary shall forward it to the Disciplinary Committee together with the officer’s Records of Service and the recommendation of the Secretary that—
(a) the officer should be dismissed or reduced in rank;
(b) the officer should be punished with any punishment other than dismissal or reduction in rank;
(c) the service of the officer should be terminated in the public interest; or
(d) no punishment should be imposed,
depending on the nature and seriousness of the offence committed in relation to the degree of disrepute which the conviction has brought to the Majlis.
(3) If, after considering the report, the Records of Service and the Secretary’s recommendation forwarded to it under subrule (2), the Disciplinary Committee is of the opinion that—
(a) the officer should be dismissed or reduced in rank, the Disciplinary Committee shall impose the punishment of dismissal or reduction in rank, as it deems appropriate;
(b) the offence of which the officer was convicted does not warrant a punishment of dismissal or reduction in rank but warrants the imposition of a lesser punishment, the Disciplinary Committee shall impose upon the officer any one or more of the punishments other than dismissal or reduction in rank as specified in rule 40 as it deems appropriate; or
(c) no punishment should be imposed on the officer, the Disciplinary Committee shall acquit him.
(4) Where a punishment other than dismissal has been imposed on an officer or where no punishment has been imposed on him, the Disciplinary Committee shall direct the officer to resume his duties.
Disciplinary action shall not he taken until criminal proceedings are completed
29. (1) Where criminal proceedings have been instituted against an officer and are still pending, no disciplinary action shall be taken against the officer based on the same grounds as the criminal charge in the criminal proceedings.
(2) Nothing in subrule (1) shall be construed so as to prevent disciplinary action from being taken against the officer during the pendency of such criminal proceedings if the action is based on any other ground arising out of his conduct in the performance of his duties.
Consequences of an acquittal
30. (1) An officer who is acquitted of a criminal charge in any criminal proceedings shall not be subject to disciplinary action on the same charge.
(2) Nothing in subrule (1) shall be construed so as to prevent disciplinary action from being taken against the officer on any other ground arising out of his conduct in relation to the criminal charge, whether or not connected to the performance of his duties, as long as the grounds for the disciplinary action do not raise substantially the same issues as those in the criminal proceedings in relation to the criminal charge of which the officer was acquitted.
Procedure where there is an order of detention, banishment, etc.
31. (1) Where-
(a) an order of detention other than an order of remand pending trial or for purposes of investigation;
(b) an order of supervision, restricted residence, banishment or deportation; or
(c) an order which imposes any form of restriction or supervision, whether with bond or otherwise,
has been made against an officer under any law relating to the security of Malaysia or any part of Malaysia, the prevention of crime, preventive detention, restricted residence, banishment, immigration, or the protection of women and girls or of children, the Secretary shall apply for a copy of the order from the appropriate authority.
(2) Upon receipt of a copy of the order referred to in subrule (1), the Secretary shall forward it to the Disciplinary Committee together with the officer’s Records of Service and the recommendation of the Secretary that—
(a) the officer should be dismissed or reduced in rank;
(b) the officer should be punished with any punishment other than dismissal or reduction in rank;
(c) the service of the officer should be terminated in the public interest; or
(d) no punishment should be imposed,
depending on the degree of disrepute which the officer has brought to the Majlis.
(3) If, after considering the report, the Records of Service snd the Secretary’s recommendation forwarded to it under subrule (2), the Disciplinary Committee is of the opinion that—
(a) the officer should be dismissed or reduced in rank, the Disciplinary Committee shall impose the punishment of dismissal or reduction in rank, as it deems appropriate;
(b) the grounds on which the order was made against the officer do not warrant a punishment of dismissal of reduction in rank but warrant the imposition of a lesser punishment, the Disciplinary Committee shall impose upon the officer any one or more of the punishments other than dismissal or reduction in rank as specified in rule 40 as it deems fit and proper; or
(c) no punishment should be imposed on the officer, the Disciplinary Committee shall acquit him.
(4) Where a punishment other than dismissal has been imposed on an officer or where no punishment has been imposed on him, the Disciplinary Committee shall direct the officer to resume his duties.
PART V
DISCIPLINARY PROCEDURES
Chapter 1 – General
Opportunity to be heard in disciplinary proceedings with a view to dismissal or reduction in rank
32. (1) Subject to subrule (2), in all disciplinary proceedings under these Rules, on officer shall be dismissed or reduced in rank unless he has first been informed in writing of the grounds on which such action is proposed and he has been afforded a reasonable opportunity of being heard.
(2) Subrule (1) shall not apply in the following cases:
(a) where an officer is dismissed or reduced in rank under subrules 28(3) or 31(3);
(b) where the Disciplinary Committee is satisfied that for some reason, to be recorded by it in writing, it is not reasonably practicable to carry out the requirements of subrule (1);
(c) where the Majlis is satisfied that in the interest of the security of Malaysia or any part thereof it is not expedient to carry out the requirements of subrule (1).
Chairman of Disciplinary Committee to determine nature of breach of discipline
33. Where an officer is alleged to have committed a disciplinary offence, the Chairman of the Disciplinary Committee shall, before commencing any disciplinary proceedings in respect of the officer, consider and determine whether the disciplinary offence complained of is of a nature which warrants a punishment of dismissal or reduction in rank or a punishment lesser than dismissal or reduction in rank.
Chapter 2 – Disciplinary proceeding not with a view to dismissal or reduction in rank
Procedure in disciplinary cases not with a view to dismissal or reduction in rank
34. (1) If it is determined under rule 33 that the disciplinary offence complained of against an officer is of a nature that warants a punishment lesser than dismissal or reduction in rank, the Disciplinary Committee, on being satisfied that there exists a disciplinary offence, shall inform the officer in writing of the facts of the disciplinary offence alleged to have been committed by him and shall give to the officer an opportunity to make a written respresentation within a period of twenty-one days from the date he is informed of the facts.
(2) If the Disciplinary Committee is of the opinion that the officer’s representation requires further clarification, the Disciplinary Committee may require the officer to furnish further clarification within such period as the Disciplinary Committee may specify.
(3) If after considering the officer’s representation and, if further clarification is furnished, his further clarification, the Disciplinary Committee—
(a) finds the officer guilty of the disciplinary offence alleged to have been committed by him, the Disciplinary Committee shall impose upon the officer any one or more of the punishments other than dismissal or reduction in rank as specified in rule 40 as it deems appropriate; or
(b) finds the officer not guilty, the Disciplinary Committee shall acquit him.
Chapter 3 – Disciplinary proceeding with a view to dismissal or reduction in rank
Procedure in disciplinary cases with a view to dismissal or reduction in rank
35. (1) If it is determined under rule 33 that the disciplinary offence complained of against an officer is of a nature that warrants a punishment of dismissal or reduction in rank, the Disciplinary Committee shall consider all the available information.
(2) If it appears to the Disciplinary Committee that there exists a prima facie case against the officer, the Disciplinary Committee shall—
(a) direct that a charge containing the facts of the disciplinary offence alleged to have been committed by the officer and the grounds on which it is proposed to dismiss the officer or reduce his rank be sent to the officer; and
(b) call upon the officer to make, within a peroid of twenty-one days from the date he receives the charge, a written representation containing the grounds upon which he relies to exculpate himself.
(3) If, after considering the representation made pursuant to subrule (1), the Disciplinary Committee is of the opinion that the disciplinary offence committed by the officer does not warrant a punishment of dismissal or reduction in rank, the Disciplinary Committee may impose upon the officer any of the lesser punishments specified in rule 40 as it deems appropriate.
(4) If the officer does not make any representation within the period specified, in paragraph (2)(b), or if the officer made such a representation but the representation does not exculpate himself to the satisfaction of the Disciplinary Committee, the Disciplinary Committee shall then proceed to consider and decide on the dismissal or reduction in rank of the officer.
(5) If the disciplinary Committee is of the opinion that the case against the officer requires further clarification, the Disciplinary Committee may establish an Investigation Committee for the purpose of obtaining such further clarification.
Investigation Committee
36. The Investigation Committee shall be comprised of not less than two members of the Majlis.
Procedure to be followed by the Investigation Committee
37. (1) The Investigation Committee-
(a) shall inform the officer under investigation of the date when the question of his dismissal or reduction in rank will be brought before the Investigation Committee; and
(b) may call and examine any witness or take any action as it thinks necessary and proper for obtaining further clarification regarding the case.
(2) If the Investigation Committee is of the view that the officer should be allowed to be present before the Investigation Committee to exculpate himself, the officer shall present himself before the Committee for such purpose.
(3) If witnesses are called and examined by the Investigation Committee, the officer shall be given an opportunity to be present and to cross-examine the withnesses on his own behalf.
(4) No documentary evidence shall be used against an officer unless the officer has previously been supplied with a copy of the evidence or given access to the evidence.
(5) The Investigation Committee may permit the Majlis or the officer to be represented by an officer of the Majlis or, in exceptional cases, by an advocate and solicitor, but the Investigation Committee may withdraw such permission subject to any reasonable and necessary adjournment to enable the officer to present his case in person.
(6) If the Investigation Committee permits the Majlis to be represented, it shall also permit the officer under investigation to be similarly represented.
(7) If the officer under investigation who is required to appear before the Investigation Committee fails to appear on the date and at the time appointed and if no sufficient ground is shown for an adjournment, the Investigation Committee may proceed to consider and decide on the complaint or may adjourn the proceeding to another date.
(8) Upon the completion of its investigation, the Investigation Committee shall submit a report on such investigation to the Disciplinary Committee.
(9) If the Disciplinary Committee is of the opinion that the report submitted to it under subrule (8) is vague in particular matters or that further investigation is required, the Disciplinary Committee may refer the matter back to the Investigation Committee for further investigation.
Further grounds for dismissal
38. (1) If, in the course of an investigation by the Investigation Committee, further grounds for the dismissal of the officer under investigation are disclosed, the Investigation Committee shall inform the Disciplinary Committee of the further grounds.
(2) If the Disciplinary Committee thinks fit to proceed against the officer on such further grounds, the officer shall be given a written statement of those grounds, and the procedures set out in rules 35, 36 and 37 shall apply in respect of the further grounds as they apply in respect of the original grounds.
Powers of the Disciplinary Committee
39. If, after considering the officer’s representation and the report of the Investigation Committee, if any, the Disciplinary Committee-
(a) finds the officer guilty of the disciplinary offence alleged to have been committed by him and that the officer should be dismissed or reduced in rank, the Disciplinary Committee shall impose the punishment of dismissal or reduction in rank, as it deems appropriate;
(b) finds the officer guilty of the disciplinary offence alleged to have been committed by him but that, after taking into consideration the circumstances in which the disciplinary offence was committed and other mitigating factors, such offence does not warrant a punishment of dismissal or reduction in rank but warrants the imposition of a lesser punishment, the Disciplinary Committee shall impose upon the officer any one or more of the punishments other than dismissal or reduction in rank as specified in rule 40 as it deems appropriate; or
(c) finds the officer not guilty, the Disciplinary Committee shall acquit him.
PART VI
DISCIPLINARY PUNISHMENTS
Types of disciplinary punishments
40. If an officer is found guilty of a disciplinary offence, any one or any combination of two or more of the following punishments, depending upon the seriousness of the offence, may be imposed on the officer:
(a) warning;
(b) fine;
(c) forfeiture of emoluments;
(d) deferment of salary movement;
(e) reduction of salary;
(f) reduction in rank;
(g) dismissal.
Fine or forfeiture of emoluments
41. (1) A punishment of fine or forfeiture of emoluments shall be made in accordance with subrules (2), (3), (4), (5) and (6).
(2) Any fine imposed on any one occasion shall not exceed an amount equivalent to seven days’ emoluments of the officer concerned.
(3) If an officer is fined on more than one occasion in any calendar month, the aggregate of the fines imposed on him in that month shall not exceed an amount equivalent to forty-five per cent of his monthly emoluments.
(4) Where the punishment is imposed as a consequence of the officer being absent from duty without leave or without prior permission or without reasonable cause, any forfeiture of the officer’s emoluments shall unless otherwise decided by the Disciplinary Committee, be calculated by having regard to the actual period the officer is absent.
(5) The punishment of a fine or forfeiture of emoluments shall not be imposed on an officer who was absent without leave or without prior permission or without reasonable cause where the officer’s emoluments has been forfeited, in respect of such absence from duty, under rule 26.
(6) All fines or forfeitures of emoluments shall be deducted from the officer’s monthly emoluments and shall be paid into the revenue of the Majlis.
Deferment of salary movement
42. (1) The punishment of deferment of salary movement may be imposed by the Disciplinary Committee for a period of—
(a) three months;
(b) six months;
(c) nine months; or
(d) twelve months, as the Disciplinary Committee deems appropriate.
(2) The punishment of deferment of salary movement imposed on an officer shall be executed on the next anniversary of the salary movement of that officer after the date of imposition of the punishment by the Disciplinary Committee.
(3) An officer on whom the punishment of deferment of salary movement is imposed shall not be entitled to receive any salary movement for and during the period in which the punishment is in force.
(4) A punishment of deferment of salary movement shall have the following consequences on the officer on whom the punishment is imposed:
(a) his salary movement shall be altered to the nearest date of salary movement after the expiry of the period of punishment; and
(b) the date of his salary movement shall remain at the date altered under paragraph (a) until the officer reaches the maximum step in his salary schedule. Reduction of salary
43. (1) The Disciplinary Committee may impose a punishment of reduction of salary on an officer in accordance with the following provisions:
(a) the salary can only be reduced horizontally in the same salary level;
(b) the reduction of salary shall not exceed three salary movements; and
(c) the duration of the punishment shall not be less than twelve months but shall not be more than thirty-six months on any one occasion.
(2) The punishment of reduction of salary imposed on an officer shall be implemented on the date as specified by the Disciplinary Committee.
(3) The date of salary movement of an officer on whom the punishment of reduction of salary is imposed shall be altered to the date of the next salary movement after the punishment expires.
(4) An officer on whom the punishment of reduction of salary is imposed shall not be entitled to receive any salary movement for and during the period in which the punishment is in force.
Reduction in rank
44. The Disciplinary Committee may impose the punishment of reduction in rank on an officer in the following manner:
(a) by reducing the grade of the officer to a lower grade in the same scheme of service; and
(b) by determining that the officer’s new salary shall be at a salary point in the salary schedule of such reduced grade such that the salary is lower than, but nearest to, the last-drawn salary of the officer before the punishment is imposed on him.
PART VII
INTERDICTION AND SUSPENSION
Interdiction for the purpose of investigation
45. (1) Without prejudice to rules 27 and 46, if an officer is alleged or reasonably suspected of having committed a criminal offence or a serious disciplinary offence, the Disciplinary Committee may interdict the officer for a period not exceeding two months for the purpose of facilitating investigation against the officer.
(2) In deciding whether to interdict an officer under subrule (1), the Disciplinary Committee shall take into account the following factors:
(a) whether the allegation or the suspected offence is directly related to the officer’s duties; and
(b) whether the presense of the officer in the office would hamper investigation.
(3) If, during the period an officer is under interdiction—
(a) criminal proceedings are instituted against the officer in any court; or
(b) disciplinary action is taken against him with a view to his dismissal or reduction in rank, the interdiction order made under subrule (1) shall cease to have effect from
the date such criminal proceedings are instituted or disciplinary action is taken against the officer; and the Disciplinary Committee shall take such further action as it thinks fit under rule 46.
(4) An officer who has been interdicted under this rule shall be entitled to received full emoluments during the period of his interdiction.
Interdiction
46. (1) The Disciplinary Committee may, if it thinks fit and proper and having regard to the matters specified in subrule (4), interdict an officer from the exercise of his duties if—
(a) criminal proceedings have been instituted against the officer; or
(b) disciplinary proceedings with a view that a punishment of dismissal or reduction in rank be imposed on him have been instituted against the officer.
(2) If an officer is interdicted under paragraph (1)(a), his interdiction may be made effective from the date he was arrested or from the date the summons were served on him.
(3) If an officer is interdicted under paragraph (1)(b), his interdiction may be made effective from such date as may be determined by the Disciplinary Committee.
(4) In deciding whether to interdict an officer under subrule (1), the Disciplinary Committee shall take into account the following factors:
(a) whether the nature of the offence with which the officer is charged is directly related to his duties;
(b) whether the presence of the officer in the office would hamper investigation;
(c) whether the presence of the officer in the office to exercise his normal duties and responsibilities may be a source of embarrassment to, or may adversely affect the name or image of, the Majlis; and
(d) whether, taking into account the nature of the offence with which the officer is charged, the interdiction of the officer would result in the Majlis incurring a loss.
(5) If the Disciplinary Committee recalls an officer who has been interdicted under subrule (1) to resume his duties whilst criminal proceedings or disciplinary proceedings with a view to his dismissal or reduction in rank are still pending, than-
(a) the order of interdiction shall cease to have effect from the date the officer resumes his duties;
(b) the officer shall be paid his full emoluments from the date he resumes his duties; and
(c) any part of his emoluments which has not been paid during his interdiction shall not be paid until the criminal proceedings or disciplinary proceedings with a view to his dismissal or reduction in rank have been completed and a decision as regards such emoluments has been made by the Disciplinary Committee.
(6) During the period of his interdiction under this rule, an officer shall be entitled, unless and until he has been suspended or dismissed, to receive not less than half of his emoluments as the Disciplinary Committee deems fit.
(7) Without prejudice to subrule 27(7), where an officer has been acquitted of a criminal charge or has been discharged but such discharge does not amount to an acquittal or has been acquitted of any disciplinary charge, any part of his emoluments which has not been paid to him while he was interdicted shall be paid to him.
Suspension
47. (1) The Disciplinary Committee may suspend an officer from the exercise of his duties if—
(a) the officer has been convicted by any criminal court; or
(b) an order as specified in rule 31 has been made against the officer.
(2) The period of suspension under this rule shall commence from the date of conviction or the effective date of the order, as the case may be.
(3) An officer who is suspended from the exercise of his duties—
(a) shall not be allowed to receive any part of his emoluments which has not been paid during the period of his interdiction under rule 46; and
(b) shall not be entitled to receive any emoluments throughout the period of his suspension.
(4) The decision by the Disciplinary Committee to suspend an officer shall be notified to him in writing.
Unpaid emoluments
48. (1) Where disciplinary proceedings against an officer result in the officer being dismissed, he shall not be entitled to any part of the emoluments which has not been paid to him during the period of his interdiction or suspension.
(2) Where disciplinary proceedings against an officer result in a punishment other than dismissal being imposed on the officer, he shall be entitled to receive any part of his emoluments which has not been paid to him during the period of his interdiction or suspension.
Resumption of duties
49. Where an officer is interdicted under rule 46 or suspended under rule 47, and the disciplinary proceedings against the officer result in a punishment other than dismissal being imposed on the officer, the Disciplinary Committee shall order the officer to resume his duties.
Disciplinary procedures for an officer serving outside Malaysia
50. Where criminal proceedings have been instituted against an officer outside Malaysia, the officer shall be interdicted in accordance with rule 46, and if he is convicted, disciplinary action shall be taken under these Rules against him.
Officer shall not leave Malaysia without written permission
51. (1) An officer who has been interdicted or suspended from the exercise of his duties shall not leave Malaysia without the prior written permission of the Chairman of the Disciplinary Committee.
(2) If the officer who has been interdicted or suspended from the exercise of his duties is serving outside Malaysia, he shall be immediately recalled to Malaysia and he shall not leave Malaysia without the prior written permission of the Chairman of the Disciplinary Committee.
(3) Notwithstanding the provisions of subrule 46(6), the Disciplinary Committee shall take all the necessary steps to stop the payment of any emoluments to an officer who has been interdicted but has left Malaysia without the prior written permission from the Chairman of the Disciplinary Committee.
PART VIII
MISCELLANEOUS
Particulars of the offence and punishment to be recorded
52. Every disciplinary action taken against an officer which results in a punishment being imposed upon the officer under these Rules shall be recorded in the officer’s Records of Service by stating the particulars of the offence committed and the punishment imposed.
Service of notice, document, etc.
53. (1) Every officer shall furnish to the Secretary the address of his residence or any change of that address and that address shall be his address for the purpose of serving on him any notice or document required to be served under these Rules or for the purpose of communicating with him on any matter in relation to these Rules.
(2) Any notice, document or communication left at or posted to or sent by any other reasonable means to the address for service furnished under subrule(1) shall be deemed to have been duly served on or communicated to the officer.
Signature on letters and other correspondence
54. Any correspondence between the Disciplinary Committee and the officer who is subject to disciplinary action shall be signed by the Chairman of the Disciplinary Committee or by any member of the Disciplinary Committee on behalf of the Chairman.
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