Pg. P.U. 12/2001 MAJLIS AGAMA ISLAM NEGERI PULAU PINANG OFFICERS (CONDUCT AND DISCIPLINE) REGULATIONS 2001
PART VII - INTERDICTION AND SUSPENSION
Regulation 47. Interdiction.
(1) The appropriate Disciplinary Committee having the juridiction to impose a punishment of dismissal or reduction in rank may, if it thinks fit and proper and having regard to the matters specified in subregulation (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 appropriate Disciplinary Committee.
(4) In deciding whether to interdict an officer under subregulation (1), the appropriate 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 office 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 appropriate Disciplinary Committee recalls an officer who has been interdicted under subregulation (1) to resume his duties whilst criminal proceeding or disciplinary proceedings with a view to his dismissal or reduction in rank are still pending, then—
(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 appropriate Disciplinary Committee.
(6) During the period of his interdiction under this regulation, 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 appropriate Disciplinary Committee deems fit.
(7) Without prejudice to subregulation 28(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.