Section 33. Disciplinary regulations. (MAJLIS UGAMA ISLAM NEGERI SABAH ENACTMENT 2004

ENACTMENT NO. 5 OF 2004
MAJLIS UGAMA ISLAM NEGERI SABAH ENACTMENT 2004

PART II - MAJLIS UGAMA ISLAM NEGERI SABAH

Section 33. Disciplinary regulations.

(1) The Majlis may, with the approval of the Yang di-Pertua Negeri, 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 punishment 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 for an opportunity to the officers and servants 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 except in the following cases –

(i) where an officer or servant 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 recommendations of the Minister charged with the responsibility for home affairs, is satisfied that in the interest of the security of Malaysia or any part of Malaysia it is not expedient to carry out the requirements of this paragraph; or

(iii) where there has been –

(A) made against an officer or servant any order of detention, supervision, restricted residence, banishment or deportation; or

(B) imposed on an officer or servant any form of restriction or supervision by bond or otherwise,

under any law relating to the security of Malaysia or any part of Malaysia, prevention of crime, preventive detention, restricted residence, banishment, immigration, or protection of women and girls or children;

(d) may provide for the interdiction with reduced emoluments of an officer or servant during the pendency of a criminal proceeding against him or disciplinary proceeding against him or disciplinary proceeding against him with the view to his dismissal or reduction in rank; and

(e) may provide for the suspension without emoluments of an officer or servant –

(i) where the officer or servant has been convicted by a criminal court; or

(ii) where an order of detention or restriction has been imposed on the officer or servant; and

(f) may provide for the procedure for the hearing of an appeal by the Disciplinary Appeal Board established under section 34.