Third Schedule THIRD SCHEDULESupplementary
[Sections 6 and 7] COMPOSITION AND JURISDICTION OF DISCIPLINARY COMMITTEES AND DISCIPLINARY APPEAL COMMITTEES OF STATUTORY BODIES PART I DISCIPLINARY COMMITTEES Establishment of Disciplinary Committees 1. There shall be established for a statutory body such Disciplinary Committees as are specified in the Appendix. Jurisdiction of Disciplinary Committee 2. The Disciplinary Committee having jurisdiction over all matters relating to the conduct and discipline of each category of officers specified in the first column of the Appendix is the Disciplinary Committee which is comprised of the members specified in the third column of the Appendix in relation to that category. Disciplinary Committee shall comply with the Regulations 3. In exercising its functions under this Act, every Disciplinary Committee shall comply with the Regulations in the Second Schedule. Declaration of interest 4. (1) If the Chairman or any member of a Disciplinary Committee has any interest in any disciplinary proceedings, he shall declare the nature of that interest and such declaration shall be recorded in the minutes of the meeting at which the declaration is made. (2) The Chairman or any member of a Disciplinary Committee who has an interest in any disciplinary proceeding shall not take part in the deliberation or decision of the Disciplinary Committee in that proceeding. Appointment of substitute member 5. (1) The Board may, for reasons which shall be recorded, appoint any member of the Board or officer of the statutory body or nominate an officer of the Ministry to sit as the Chairman or a member of a Disciplinary Committee in place of the Chairman or a member specified in the Appendix in any disciplinary proceedings against an officer. (2) The officer to be appointed under subparagraph (1) as the Chairman or a member of a Disciplinary Committee shall be higher in rank than the officer who is the subject of the disciplinary proceedings. Meetings of Disciplinary Committee 6. For the purpose of performing its functions, a Disciplinary Committee shall meet on a date and at a place and time to be determined by the Chairman of the Disciplinary Committee. Quorum for meetings of Disciplinary Committee 7. The Chairman and two other members of a Disciplinary Committee shall form the quorum for every meeting of the Disciplinary Committee. Voting in meetings of Disciplinary Committee 8. All questions raised in the meetings of a Disciplinary Committee shall be decided by the votes of the majority of members present and voting, and if the number of votes are equal, then the Chairman shall have the casting vote. Record of meetings of Disciplinary Committee 9. The Chairman of a Disciplinary Committee shall ensure that the records of every disciplinary proceeding and the minutes of every meeting of the Disciplinary Committee are properly kept. Disciplinary Committee may require investigation be carried out 10. (1) Before making any decision on any matter which it is required to determine in any disciplinary proceedings, a Disciplinary Committee may cause an investigation be carried out by an investigation committee for the purpose of obtaining an explanation, clarification or recommendation in respect of that matter. (2) An investigation committee shall consist of at least two officers of the statutory body or of the Ministry and the officers must be higher in rank than the officer under investigation. (3) The investigation procedures provided for in respect of an Investigation Committee in the Regulations in the Second Schedule shall apply to an investigation committee carrying out investigation under this paragraph. Decision of Disciplinary Committee to be communicated to officer 11. Every Disciplinary Committee shall ensure that its decision in any disciplinary proceedings is communicated in writing to the officer who is the subject of the disciplinary proceedings. PART II DISCIPLINARY APPEAL COMMITTEES Establishment of Disciplinary Appeal Committees 12. There shall be established for a statutory body such Disciplinary Appeal Committees as are specified in the Appendix. Jurisdiction of the Disciplinary Appeal Committee 13. (1) The Disciplinary Appeal Committee shall have the power to receive, consider and determine any appeal submitted by an officer against the decision of a Disciplinary Committee. (2) The Disciplinary Appeal Committee in respect of each category of officers specified in the first column of the Appendix is the Disciplinary Appeal Committee which is comprised of the members specified in the fourth column of the Appendix in relation to that category. Declaration of interest 14. (1) If the Chairman or any member of a Disciplinary Appeal Committee has any interest in any appeal brought before the Disciplinary Appeal Committee, he shall declare the nature of that interest and such declaration shall be recorded in the minutes of the meeting at which the declaration is made. (2) The Chairman or any member of a Disciplinary Appeal Committee who has an interest in any appeal brought before the Disciplinary Appeal Committee shall not take part in the deliberation or decision of the Disciplinary Appeal Committee in relation to that appeal. Appointment of substitute member 15. (1) Where the Chairman of a Disciplinary Appeal Committee is the Minister the Prime Minister may, for reasons which shall be recorded, appoint another Minister to sit as the Chairman of the Disciplinary Appeal Committee in place of the Minister. (2) Where the Chairman of a Disciplinary Appeal Committee is the Secretary General of the Ministry, the Chief Secretary to the Government may, for reasons which shall be recorded, appoint the Secretary General of another Ministry to sit as the Chairman of the Disciplinary Appeal Committee in place of the Secretary General specified in the Appendix. (3) The Minister may, for reasons which shall be recorded, appoint any member of the Board or any officer of the Ministry to sit as a member of a Disciplinary Appeal Committee in place of the member specified in the Appendix. (4) The officer appointed under subparagraph (3) shall be higher in rank than the officer who is making the appeal. Meetings of Disciplinary Appeal Committee 16. For the purpose of performing its functions, a Disciplinary Appeal Committee shall meet on a date and at a place and time to be determined by the Chairman of the Disciplinary Appeal Committee. Quorum for meetings of Disciplinary Appeal Committee 17. The Chairman and two other members of a Disciplinary Appeal Committee shall form the quorum for every meeting of the Disciplinary Appeal Committee. Voting in meetings of Disciplinary Appeal Committee 18. All questions raised in the meetings of a Disciplinary Appeal Committee shall be decided by the votes of the majority of members present and voting, and if the number of votes are equal, then the Chairman shall have the casting vote. Record of meetings of Disciplinary Appeal Committee 19. The Chairman of a Disciplinary Appeal Committee shall ensure that the records of every disciplinary appeal proceeding and the minutes of every meeting of the Disciplinary Appeal Committee are properly kept. Appeal procedures 20. (1) An appeal by any officer who has been found guilty by a Disciplinary Committee shall be made in writing, through his Head of Department, to the appropriate Disciplinary Appeal Committee within a period of fourteen days from the date the decision of the Disciplinary Committee is served on him. (2) The Head of Department shall, not later than fourteen days from the date he receives such appeal, submit that appeal together with his comments to the Disciplinary Committee against whose decision the appeal is made. (3) Within a period of thirty days from the date it receives the appeal and the Head of Department’s comments, the Disciplinary Committee against whose decision the appeal is made shall cause a copy of the records of disciplinary proceedings against that officer to be sent to the Disciplinary Appeal Committee together with the grounds of its decision. (4) The Chairman of the Disciplinary Appeal Committee may extend the periods specified in subparagraphs (1), (2) and (3) on the application of the officer concerned and on sufficient cause being shown. Hearing of appeal 21. (1) Immediately after receiving the appeal documents as provided in paragraph 20, the Chairman of the appropriate Disciplinary Appeal Committee shall convene a meeting of the Disciplinary Appeal Committee to consider such appeal. (2) The Disciplinary Appeal Committee shall decide every appeal solely on the merits of the grounds of such appeal without admitting any further statement or additional evidence. (3) Notwithstanding subparagraph (2), the Disciplinary Appeal Committee may, if it thinks just and necessary, and subject to the officer’s right to be heard, request for any further statement or additional evidence from any other person. Decision of the Disciplinary Appeal Committee 22. (1) In considering an appeal under paragraph 21 against the decision of a Disciplinary Committee, the Disciplinary Appeal Committee may— (a) remit the case for reconsideration to the Disciplinary Committee; (b) confirm the decision of the Disciplinary Committee; (c) confirm the decision of the Disciplinary Committee as regards the misconduct of that officer, but vary the punishment to a lesser punishment; or (d) reverse the decision and punishment of the Disciplinary Committee and acquit that officer from the charge against him. (2) The decision of the Disciplinary Appeal Committee is final. Officer to be notified of decision of Disciplinary Appeal Committee 23. As soon as practicable after making its decision under paragraph 22 on an appeal made by an officer, the Disciplinary Appeal Committee shall notify the officer of that decision. APPENDIX [Paragraphs 1, 2 and 12] COMPOSITION AND JURISDICTION OF DISCIPLINARY COMMITTEES AND DISCIPLINARY APPEAL COMMITTEES FOR STATUTORY BODIES DISCIPLINARY COMMITTEES DISCIPLINARY APPEAL COMMITTEES Category of Officers Jurisdiction Composition of Disciplinary Composition of Disciplinary Committees Appeal Committees Director General Disciplinary action with Chairman: Chairman: a view to dismissal or Deputy Director General reduction in rank Chairman of the Board Minister Top Management Group Members: Members: Management and Professional Group Secretary General of the 2 members of the Board, Ministry appointed by the Chairman of the Board Group A under the 2 members of the Board, Cabinet Committee appointed by the Chairman Report 1976 of the Board Director General Disciplinary action not Chairman: Chairman: with a view to dismissal Deputy Director General or reduction in rank Chairman of the Board Minister DISCIPLINARY COMMITTEES DISCIPLINARY APPEAL COMMITTEES Category of Officers Jurisdiction Composition of Disciplinary Composition of Disciplinary Committees Appeal Committees Top Management Group Members: Members: Secretary General of the 2 members of the Board, Ministry appointed by the Chairman of the Board 2 members of the Board, appointed by the Chairman of the Board Management and Disciplinary action not Chairman: Chairman: Professional Group with a view to dismissal Laws of Malaysia or reduction in rank Director General Secretary General of the Group A under the Ministry Cabinet Committee Report 1976 Members: Members: Deputy Secretary General 2 members of the Board, of the Ministry appointed by the Chairman (Administration) of the Board 2 members of the Board, ACT 605 appointed by the Chairman of the Board Support Group Disciplinary action with a Chairman: Chairman: view to dismissal or Group B, C and D under reduction in rank Director General Secretary General of the the Cabinet Committee Ministry Report 1976 Members: Members: Deputy Secretary General 2 members of the Board, of the Ministry appointed by the Chairman (Administration) of the Board Legal Adviser of the Ministry 2 members of the Board, appointed by the Chairman of the Board Support Group Disciplinary action not Chairman: Chairman: Group B, C and D under with a view to dismissal the Cabinet Committee or reduction in rank Deputy Director General Director General Report 1976 Members: Members: Head of the division Deputy Secretary General responsible for of the Ministry administrative matters in (Administration) the Ministry Legal Adviser of the Ministry 1 member of the Board, appointed by the Chairman 2 members of the Board, of the Board appointed by the Chairman of the Board LAWS OF MALAYSIA STATUTORY BODIES (DISCIPLINE AND SURCHARGE) ACT 2000