Appointment of Chief Executive Officer
s 25
The Minister shall appoint a Chief Executive Officer upon such terms and conditions as the Minister may determine.
Small and Medium Enterprises Corporation Malaysia Act 1995 Part V — Administration
Remuneration for Chief Executive Officer
s 26
There shall be paid to the Chief Executive Officer such remuneration as the Minister may determine.
Duties of the Chief Executive Officer
s 27
The Chief Executive Officer shall be responsible to the Corporation for the proper administration and management of the functions and affairs of the Corporation in accordance with the policy laid down by the Corporation.
Appointment of officers and servants of the Corporation
s 28
(1) Subject to subsection (2) and any regulations made under paragraphs 32(2)(c), (d) and (e), the Corporation may from time to time appoint such number of officers and servants as it may think desirable and necessary, and upon such terms and conditions as it considers appropriate, for carrying out the purposes of this Act. (2) Notwithstanding the provision of subsection (1), 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 prior approval of the Ministry of Finance and the Public Services Department.
Discipline of officers and servants
s 29
(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 Board of the Corporation established under subsection (1) shall be the disciplinary authority in respect of every officer and servant of the Corporation other than the Chief Executive Officer. (3) The Chief Executive Officer shall not be a member of the Disciplinary Board in any proceedings before it in which he is the complainant; his place shall be taken by a member to be elected by and from members of the Corporation. (4) 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 regulations made under section 32. (5) The procedure for disciplinary proceedings shall be in accordance with regulations made under section 32. (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 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
s 30
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
s 31
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].
Back to Small and Medium Enterprises Corporation Malaysia Act 1995 — full text
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).
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