Chairman to be principal managing officer
(1) The Chairman shall be the principal managing officer of the Lembaga and shall be responsible for the preparation of programmes, schemes or projects for the consideration of the Lembaga, for the issue of policy guidance or of elucidation of decisions of the Lembaga to the General Manager and the other officers and servants of the Lembaga and for the supervision and control over the implementation of such decisions.
(2) All officers and servants of the Lembaga shall be under the general control of the Chairman.
(3) The Chairman shall perform such other or further duties as the Minister may from time to time determine.
(4) The Chairman may, subject to such conditions, limitations or restrictions as he thinks fit, delegate to any other member, any officer or servant of the Lembaga the power and authority to carry out such powers, duties or functions by this Act vested in or imposed on the Chairman as he may determine.
(5) If the Chairman is temporarily absent from Malaysia or temporarily incapacitated through illness or for any other sufficient reason from the performance of his duties, the Deputy Chairman shall perform the duties of the Chairman during such temporary absence or other incapacity.
General Manager to be the chief executive officer
(1) The Lembaga may, with the approval of the Minister, employ and appoint a General Manager to be the chief executive officer on such terms and conditions and for such period as the Lembaga may determine.
(2) The General Manager shall be responsible for the execution of all programmes, schemes or projects, for the carrying out of the decisions of the Lembaga and the direction of the Chairman.
(3) Subject to the directions of the Chairman, the General Manager shall have administrative control of the officers and servants of the Lembaga.
(4) The General Manager shall perform such other or further duties as the Lembaga or the Minister may from time to time determine or as the Chairman may from time to time direct.
Appointment of other officers and servants
(1) Subject to any regulations made under section 16, the Lembaga may appoint on such terms and conditions as the Lembaga may think desirable any person as Executive Officer and such other officers and servants as may be necessary for carrying out the purposes of this Act.
(2) No person shall be eligible for employment as an Executive Officer or officer or servant of the Lembaga who has, directly or indirectly, by himself or his partner, any share or interest in any contract or proposed contract with, for or on behalf of the Lembaga.
(3) Any Executive Officer or officer or servant of the Lembaga who has or acquires any such share or interest shall be liable in the discretion of the Lembaga to summary dismissal without notice.
Divisions may be set up
(1) The Lembaga may set up such Divisions as it may think desirable, and each Division shall be under the control and charge of an Executive Officer.
(2) It shall be the responsibility of the Executive Officer of an appropriate Division to implement and execute the decision of the Lembaga on matters pertaining to his Division, to submit policy recommendations for consideration by the Lembaga, to participate without the right to vote, in any meeting of the Lembaga whenever matters pertaining to his Division are being considered in that meeting and also to exercise all the powers that may be delegated to him by the Lembaga.
Regulations governing conditions of service of officers and servants
(1) The Lembaga may, from time to time, with the approval of the Minister, make regulations governing the conditions of service of its officers and servants.
(2) Unless otherwise provided, a reference in this Act to an officer of the Lembaga shall include reference to the General Manager and an Executive Officer.
Disciplinary committees
(1) The Lembaga shall have disciplinary authority over all its officers and servants and shall exercise disciplinary control in respect of all such persons in accordance with this Act and any regulations made under section 16C.
(2) For the purposes of this section—
(a) there shall be established a disciplinary committee of the Lembaga in respect of the General Manager consisting of—
(i) the Secretary General of the Ministry, who shall be the chairman of the committee; and
(ii) two members of the Lembaga to be appointed by the Lembaga; and
(b) the Lembaga may, by notification in the Gazette, establish different disciplinary committees for different categories of officers or servants of the Lembaga.
(3) The following shall apply to any disciplinary committee established pursuant to paragraph (2)(b):
(a) such committee shall consist of any number of members of the Lembaga, other than the Chairman of the Lembaga, or officers of the Lembaga, or any combination of such members and officers; and
(b) an officer who is a member of a disciplinary committee shall not be lower in rank than any officer or servant over whom the committee of which he is a member has disciplinary authority.
(4) The committee established pursuant to paragraph (2)(b) shall exercise its powers in all matters relating to the discipline of officers and servants placed under its jurisdiction.
(5) In the exercise of its disciplinary functions and powers, a disciplinary committee referred to under subsection (2) shall have the power to take disciplinary action and impose any disciplinary punishment or any combination of two or more disciplinary punishments as may be provided for under any regulations made under section 16C.
Appeal against decision of disciplinary committee
(1) A decision of the disciplinary committee under paragraph 16A(2)(a) shall be appealable to the Minister.
(2) A decision of the disciplinary committee under paragraph 16A(2)(b) shall be appealable to the Disciplinary Appeal Committee which shall consist of the following members:
(a) the Chairman of the Lembaga, who shall be the chairman of the Disciplinary Appeal Committee and having a casting vote; and
(b) three members of the Lembaga, not being members of the disciplinary committee whose decision is the subject matter of the appeal, to be appointed by the chairman of the Disciplinary Appeal Committee with the approval of the Lembaga for the purpose of the appeal.
(3) The Minister or the Disciplinary Appeal Committee, as the case may be, may confirm, reverse or vary the decision of the disciplinary committee.
(4) When the Disciplinary Appeal Committee considers an appeal under subsection (2), a member of the disciplinary committee against whose decision the appeal is made who is also a member of the Lembaga shall not be present or in any way participate in any proceedings relating to that appeal.
(5) The decision of the Minister or the Disciplinary Appeal Committee under subsection (3) shall be final and conclusive.
Power to make disciplinary regulations
(1) The Lembaga may, with the approval of the Minister, make such regulations as it deems necessary or expedient to provide for the discipline of the officers and servants of the Lembaga.
(2) The disciplinary regulations made under this section—
(a) may create disciplinary offences;
(b) may provide for disciplinary punishments as the Lembaga may deem appropriate, and the punishments may extend to warning, fine, forfeiture of emoluments, deferment of salary movement, reduction of salary, reduction in rank and dismissal;
(c) shall provide for an opportunity to the person 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 of the Lembaga is dismissed or reduced in rank on the ground of conduct in respect of which a criminal charge has been proved against him;
(ii) where the Lembaga, on the recommendations of the Minister charged with home affairs, is satisfied that in the interest of the security of Malaysia or any part thereof it is not expedient to carry out the requirements of this paragraph; or
(iii) where there has been made against an officer or servant of the Lembaga any order of detention, supervision, restricted residence, banishment or deportation, or where there has been imposed on such officer or servant of the Lembaga any form of restriction or supervision by bond or otherwise, under any law relating to the security of Malaysia or any part thereof, prevention of crime, preventive detention, restricted residence, banishment, immigration, or protection of women and girls;
(d) may provide for the interdiction with reduced emoluments of an officer or servant of the Lembaga during the pendency of a criminal proceedings against him or disciplinary proceedings 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 of the Lembaga where the officer or servant has been convicted by any criminal court or where an order of detention or restriction has been made in respect of or imposed on the officer or servant.
Imposition of surcharge
(1) A person who is or was in the employment of the Lembaga may be surcharged if it appears to the Lembaga that the person—
(a) has failed to collect money owing to the Lembaga for the collection of which he is or was responsible;
(b) is or was responsible for any improper payment of money from the Lembaga or for any payment of money which is not duly approved;
(c) is or was responsible, directly or indirectly, for any deficiency in, or for the destruction of, any money, store or other property of the Lembaga;
(d) being or having been an accounting officer, fails or has failed to keep proper accounts or records; or
(e) has failed to make any payment, or is or was responsible for any delay in the payment from the Lembaga, of money to any person to whom such payment is due under any law or under any contract, agreement or arrangement entered into between that person and the Lembaga.
(2) The Lembaga shall, before the person is surcharged, serve on him a written notice calling on him to show cause why he should not be surcharged.
(3) If a satisfactory explanation is not received within fourteen days from the date of service of the aforesaid notice, the Lembaga may—
(a) in the case of paragraphs (1)(a), (b) and (c), surcharge against the person a sum not exceeding the amount not collected, or of the improper payment made, or of the deficiency in or destruction of the property caused; and
(b) in the case of paragraphs (l)(d) and (e), surcharge against the person, such sum as the Lembaga may think fit.
Notification of surcharge
The Lembaga shall notify the person surcharged in respect of any surcharge made under subsection 16D(3).
Withdrawal of surcharge
Notwithstanding subsection 16 D(3) and section 16 E , the Lembaga may at any time withdraw any surcharge in respect of which a satisfactory explanation has been received or if it otherwise appears that no surcharge should have been made, and the Lembaga shall forthwith notify the person surcharged of the withdrawal.
Recovery of surcharge
The amount of any surcharge made under subsection 16D(3) and not withdrawn under section 16F shall be a debt due to the Lembaga from the person surcharged and may be sued for and recovered in any court at the suit of the Lembaga and may also, if the Lembaga so directs, be recovered by deduction—
(a) from the salary of the person surcharged; or
(b) from the pension of the person surcharged,
by equal monthly instalments not exceeding one-fourth of the total monthly salary or pension, as the case may be, of that person.
Composition of the Lembaga in special cases
In any action for surcharge against the General Manager, the composition of the Lembaga for the purposes of sections 16D and 16G shall not include the General Manager.
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).
