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← Universities and University Colleges Act 1971

Universities and University Colleges Act 1971 s 16D

Universities and University Colleges Act 1971 s 16D

Text recovered by OCR from a scanned copy — section numbers and wording may be wrong. Check the official PDF on lom.agc.gov.my before citing.

s 16D Surcharge

(1) A person who is or was a staff, officer or employee of the University may be surcharged if it appears to the Board that the person— (a) has failed to collect money owing to the University for the collection of which he is or was responsible; (b) is or was responsible for any improper payment of money from the University 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, stamp, security, store or other property of the University; (d) being or having been an accounting officer, fails or had 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 University, of moneys to any person to whom such payment is due under any law, contract, agreement or arrangement entered into between that person and the University. (2) The Board 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 thirty days from the date of the service of the notice under subsection (2), the Board 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 the value of, or destruction caused of, the money, stamp, security, store or other property; and (b) in the case of paragraphs (1)(d) and (e), surcharge against the person, such sum as the Board may think fit. (4) The Board shall notify the person surcharged in respect of any surcharge made under subsection (3). (5) Notwithstanding subsections (3) and (4), the Board 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 Board shall forthwith notify the person surcharged of the withdrawal. (6) Where the amount of any surcharge made under subsection (3) is not withdrawn under subsection (5), it shall be deemed to be a debt due to the University from the person surcharged and may be sued for and recovered in any court at the suit of the University and may also if the Board 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. (7) In any action for surcharge against the Vice-Chancellor, the composition of the Board for the purposes of subsections (1) to (6) shall not include the Vice-Chancellor. (8) For the purposes of paragraph (1)(d), “accounting officer” includes every staff, officer or employee of the University charged with the duty of collecting, receiving, or accounting for, or who in fact collects, receives or accounts for, any money of the University, or who is charged with the duty of disbursing, or who does in fact disburse, any such money, and every staff, officer or employee who is charged with the receipt, custody or disposal of, or the accounting for, any money, stamp, security, store and property of the University or who in fact receives, holds or disposes of such money, stamp, security, store and property.

Read this section in the full act → · Open Part III →

Find Act 30 on lom.agc.gov.my ↗

Text as at 1 January 2006 (LOM reprint); amendments made after that date may not be incorporated.

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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