However, the head of the department which the officer is part of may allow the officer to retain the gift, provided that this would not be inconsistent with the Public Officers Conduct and Discipline Regulations Prior to the coming into force of the PDPA, there was no overarching legislation protecting protection of personal information in Malaysia.
Liability of individual directors and officers Generally, directors will not be found liable for any offence committed by the company or its employees unless the directors were privy to or directly involved in the act of corruption.
Penalties Penalties under the MACCA include a term of imprisonment of up to 20 years and a fine that is the higher of: Section 65 of the MACCA protects whistleblowers by providing that the identity of informants or the place in which the information was given by the informant to the MACC cannot be revealed or disclosed in any civil, criminal or other proceedings in any court, tribunal or other authority.
Enforcement agencies The Malaysian Anti-Corruption Commission the MACC is given extensive Public officers conduct and discipline regulations 1993 to investigate corruption and may order any person to appear before it to be examined.
Facilitation payments Making facilitation payments to officers in the public sector including foreign public officials would generally be deemed to constitute an offence under the prohibitions set out in the MACCA.
Section 46 of the MACCA states that notwithstanding any other written law, by virtue of an order from a judge of the High Court, a lawyer may be ordered to disclose information available to him or her in respect of any transaction or dealing relating to any property which is liable to seizure under the MACCA.
An officer shall be assumed to have committed a breach of discipline in the event it is found that such act or wrongdoing have breached or believed to have breached any Regulations pertaining to such code of conduct.
The Companies Actthe primary statute governing companies and their directors, does not expressly provide for the liability of directors for the offences of the company. He too shall be liable to disciplinary action. Under the Financial Services Act the FSA and the Islamic Financial Services Act the IFSA the disclosure by a bank or other financial institution of customer information is permitted in circumstances where such disclosure is required for compliance with an order or request made by an enforcement agency in Malaysia for the purposes of an investigation or prosecution of an offence under any written law.
Regulations pertaining to codes of conduct. Branches and subsidiaries of such persons who operate or are located outside Malaysia are included. This presumption applies to both public and private bribery.
Gifts and entertainment The MACCA does not specify any minimum threshold or limit in relation to gratification given or received. Duty of Disciplinary Control It is the duty of every officer to exercise disciplinary control and supervision over his subordinate and to take appropriate action as soon as possible.
The whistleblower cannot rely on the WPA to escape liability if the whistleblower is involved in the bribery transaction. It must however be noted that pursuant to section 9 of the WPA, the whistleblower is only protected from the act of disclosure of improper conduct.
Compliance defence and mitigation A person charged with corruption will be presumed guilty. Generally, the defences available to the accused are dependent on the nature of the charge brought against him or her. Hence, the provisions of the MACCA and other statutes apply equally to companies as they do to individuals.
It will be determined on a case-by-case basis by the courts at trial. The Public Officers Conduct and Discipline Regulations and the Public Officers Conduct and Discipline Amendments Regulations generally allow public officers to give or accept any form of entertainment provided it does not influence the performance of their official duties and such entertainment is not inconsistent with other provisions of the two sets of Regulations.The Public Officers (Conduct and Discipline) Regulations are amended in regulation 3 by inkerting after the word "(5B)" in the definition of "Disciplinary Authority" the word c', (6)".
General Disciplinary Procedure Regulations 35, 36 and 37 of the Public Officers (Conduct and Discipline) Regulations [P.U.(A)/] Work Process Flowchart. Disciplinary Procedure (General) Chart available only in Malays.
Liaison Officers. Mawarni binti Sazali. public officers (conduct and discipline) (amendment) regulations - federal constitution land public transport (compounding of offences) regulations - land public transport act principal: amended care centres (compounding of offences) regulations - care centres act principal p.u.
(a) / Regulation IN MANAGING PUBLIC SERVICE HUMAN RESOURCES, CONDUCT PSD POWER-BASED ALLOCATION OF LAWS THE FOLLOWING: Public Officers Regulations (Conduct and Discipline) ; Public Officers Regulations (Conduct and Discipline) (Amendment) ; Public Officers Regulations (Conduct and Discipline) (Amendment).
KUALA LUMPUR: Former Chief Justice Tun Zaki Azmi has called for The Public Officers (Conduct and Discipline) Regulations to be amended to tighten rules against political involvement of public servants and employees of statutory bodies and GLCs.
Public Officers (Conduct and Discipline) Regulations ; and Enforceable Service Circulars, Service Circular Letters and any related rules and regulations.
Judicial and Legal Service Commission.Download