Pg. P.U. 12/2001 MAJLIS AGAMA ISLAM NEGERI PULAU PINANG OFFICERS (CONDUCT AND DISCIPLINE) REGULATIONS 2001
PART II - CODE OF CONDUCT
Regulation 14. Report of serious pecuniary indebtedness.
(1) If an officer reports under subregulation 13(4) that civil proceedings have been instituted against him or if the Head of Department receives any report from any party that civil proceedings have been instituted against an officer, the Head of Department 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 for the Head of Department of an officer 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 arrangements as may be made under subregulation (2), the Secretary shall make arrangements with the Official Assignee for the Official Assignee to communicate to the Head of Department of an officer who is a bankrupt a report containing the following matters:
(a) the statement of affairs filed 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 Head of Department shall forward the report of the officer and the extract of the court’s decision received under subregulation (1) and the reports received under subregulations (2) and (3) to the appropriate 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 subregulation (4), the appropriate 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 appropriate 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 or whose adjudication of bankruptcy has been annulled shall be treated as having fully restored his financial credit.