Appointment of the Chief Executive Officer
(1) The Corporation may, with the prior approval of the Minister, appoint a Chief Executive Officer from among the officers appointed under section 22, and vest him with such powers and impose upon him such duties as may be determined or delegated to him by the Corporation. (2) The appointment of the Chief Executive Officer shall be on such terms and conditions as the Corporation may, with the approval of the Minister, determine.
Duties of the Chief Executive Officer
(1) The Chief Executive Officer shall be responsible for— (a) the preparation of programmes, schemes and projects for the consideration of the Corporation; (b) the execution of all programmes, schemes and projects of the Corporation; (c) keeping the Corporation fully informed of the progress of its programmes, schemes and projects; (d) the issue of policy guidance or elucidation of decisions of the Corporation to officers and servants of the Corporation; (e) the carrying out of the decisions of the Corporation and directions of the Chairman; (f) the supervision and control over the implementation of the decisions of the Corporation; and (g) the proper administration and management of the functions and affairs of the Corporation in accordance with the policy laid down by the Corporation. (2) The Chief Executive Officer shall have general control of the other officers and servants of the Corporation. (3) The Chief Executive Officer shall perform such further duties as the Corporation may from time to time direct. (4) If the Chief Executive Officer is temporarily absent from Malaysia or is temporarily incapacitated through illness or for any other sufficient reason, from the performance of his duties, the Corporation, with the approval of the Minister, may direct any other officer to perform his duties during such temporary absence or incapacity.
Appointment of officers and servants of the Corporation
(1) Subject to subsection (2) and any regulations made under paragraphs 36(2)(c), (d) and (e), the Corporation may appoint from time to time on such terms and conditions, such number of officers and servants as it may think desirable and necessary for carrying out the purposes of this Act. (2) The Corporation shall not establish or modify any post or scheme of service for officers and servants of the Corporation, including the terms and conditions of service and the salaries, any pension scheme, and any scheme relating to allowances and other remuneration, without the approval of the Ministry of Finance and the Public Services Department.
Discipline of officers and servants
(1) There shall be a Disciplinary Board of the Corporation which shall consist of — (a) two members to be elected by and from the members of the Corporation, one of whom shall be elected Chairman; and (b) the Chief Executive Officer. (2) The disciplinary authority in respect of every officer and servant of the Corporation other than the Chief Executive Officer, shall be the Disciplinary Board of the Corporation established under subsection (1). (3) The Disciplinary Board in respect of the Chief Executive Officer shall consist of the Chairman of the Corporation as Chairman and two members to be elected by and from the members of the Corporation. (4) The Chief Executive Officer shall not be a member of the Disciplinary Board or Disciplinary Committee established under subsection (6) in any proceedings before them in which he is the complainant; his place shall be taken by a member to be elected by and from members of the Corporation. (5) In the exercise of its disciplinary functions and powers the Disciplinary Board shall have the power to impose such disciplinary punishment as may be provided for under any regulations that may be made under section 36. (6) The Disciplinary Board may, subject to subsection (7), delegate any of its disciplinary functions and powers to any committee of officers or servants of the Corporation to be known as the Disciplinary Committee, in respect of any particular officer or servant of the Corporation, or in respect of any class or category of officers or servants of the Corporation, and the Disciplinary Committee delegated with such functions and powers shall carry out, exercise or discharge them under the direction and control of the Disciplinary Board which shall have the power to review, rescind or vary any decision or finding of such committee. (7) No delegation shall be made under subsection (6) so as to enable an officer or servant of the Corporation to be a member of any Disciplinary Committee which may exercise any disciplinary authority over an officer or servant who is superior to him in rank. (8) Any officer or servant of the Corporation who is dissatisfied with the decision of the Disciplinary Board or of any Disciplinary Committee delegated with functions and powers under subsection (6) may, within fourteen days appeal in writing against such decision to the Corporation which may thereupon affirm, reverse or give such directions on the matter as it deems fit and proper. (9) When the Corporation considers any appeal under subsection (8), no member of the Disciplinary Board or of the Disciplinary Committee, as the case may be, against whose decision the appeal is made, shall be present in any proceedings relating to that appeal. (10) The decision of the Corporation upon such appeal shall be final and conclusive.
Public Authorities Protection Act 1948
The Public Authorities Protection Act 1948 [Act 198] shall apply to any action, suit, prosecution or proceedings against the Corporation or against any member, officer, servant or agent of the Corporation in respect of any act, neglect or default done or committed by him in such capacity.
Public servants
All members, officers and servants of the Corporation, while discharging their functions as such members, officers and servants, shall be deemed to be public servants within the meaning of the Penal Code [Act 574].
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
Text as at 1 January 2006 (LOM reprint); amendments made after that date may not be incorporated. Read the official text ↗
Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).