Farmers’ Organization Authority (Amendment) Act 1990

FARMERS' ORGANIZATION AUTHORITY (AMENDMENT) ACT 1990 ACT A760 PREAMBLE An Act to amend the Farmers' Organization Authority Act 1973. BE IT ENACTED by the Duli Yang Maha Mulia Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows: 1. Short title and commencement. (1) This Act may be cited as the Farmers' Organization Authority (Amendment) Act 1990. (2) This Act shall come into force on such date as the Minister may, by notification in the Gazette, appoint. 2. Amendment of section 17. The Farmers' Organization Authority Act 1973 [Act 110], which in this Act is referred to as "the principal Act", is amended by substituting section 17 with the following: 17. Discipline of officers and servants. (1) There shall be a Disciplinary Committee of the Authority which shall consist of two members to be elected by and from the members of the Authority, one of whom shall be elected chairman, and the Director General appointed under section 5 (1). (2) The disciplinary authority in respect of every officer and servant of the Authority other than the Director General shall be the Disciplinary Committee of the Authority established under subsection (1). (3) The Disciplinary Committee in respect of the Director General shall consist of the Secretary General of the Ministry of Agriculture as chairman and two members to be elected by and from the members of the Authority. (4) The Director General shall not be a member of the Disciplinary Committee 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 the members of the Authority. (5) In the exercise of its disciplinary functions, the Disciplinary Committee shall have the power to impose such disciplinary punishment as may be provided for under any regulations that may be made under section 18. (6) The Disciplinary Committee may, subject to subsection (7), delegate any of its disciplinary functions, powers or duties to any committee of officers or servants of the Authority, in respect of any particular officer or servant of the Authority or in respect of any class or category of officers or servants of the Authority, and the committee delegated with such functions, powers or duties shall carry out, exercise or discharge them under the direction and control of the Disciplinary Committee which shall have the power to review, rescind or vary any decision or finding of such committee. http://www.cljlaw.com/membersentry/legislationdisplayformatpre.asp?MY FS AME 1990 760;ANIMALS%2C+FISH+AND+PLANTS; (7) No delegation shall be made under subsection (6) so as to enable an officer or servant of the Authority to be a member of a 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 Authority who is dissatisfied with the decision of the Disciplinary Committee or of any committee delegated with functions, powers or duties under subsection (6) may, within fourteen days, appeal in writing against such decision to the Authority which may thereupon affirm, reverse or give such directions on the matter as it deems fit and proper. (9) The decision of the Authority upon such appeal shall be final.". 3. New section 24A. The principal Act is amended by inserting, immediately after section 24, the following new section 24A: 24A. Surcharge. (1) If it appears to the Authority that any person who is or was in the employment of the Authority (a) has failed to collect any moneys owing to the Authority for the collection of which he is responsible; (b) is or was responsible for any payment from the Fund of moneys which ought not to have been made or for any payment of such moneys which is not duly vouched; (c) is or was responsible, directly or indirectly, for any deficiency in, or for the destruction of, any moneys, stamps, securities, stores or other property of the Authority; (d) being or having been an accounting officer, fails or has failed to keep proper accounts or records; (e) has failed to make any payment, or is ,or was responsible for any delay in the payment, of moneys from the Fund to any person to whom such payment is due under any contract, agreement or arrangement entered into between, that person and the Authority, the Authority shall serve on him a written notice calling on him to show cause why he should not be surcharged, and if a satisfactory explanation is not, within fourteen days from the date of service of the notice as aforesaid, furnished to the Authority with regard to the failure to collect, payment which ought not to have been made, payment not duly vouched, deficiency or destruction, or failure to keep proper accounts or records, or failure to make payment, Or delay in making payment, the Authority may surcharge against the said person a sum not exceeding the amount of any such amount not collected, such payment, deficiency, or loss or the value of the property destroyed, as the case may be; and with regard to the failure to keep proper accounts or records, or the failure to make payment, or the delay in making payment, the Authority may surcharge against the said person such sum as the Authority may think fit. (2) The Chairman shall cause the Director General to be notified of any surcharge made under subsection (1) and the Director General shall thereupon notify the person surcharged. (3) The Authority 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 Chairman shall at once cause the Director General to be notified of such withdrawal. (4) The amount of any surcharge made under subsection (1) and not withdrawn under subsection (3) shall be a debt due to the Authority from the person against whom the surcharge is made and may be sued for and recovered in any court at the suit of the Authority and may also be recovered by deduction (a) from the salary of the person surcharged if the Authority so directs; or (b) from the pension of the person surcharged if the Authority so directs, by equal monthly instalments not exceeding one-fourth of the total monthly salary or pension, as the case may be, of the person.". 4. Amendment of Second Schedule. The Second Schedule to the principal Act is amended (a) by deleting the word "and" at the end of subparagraph (h) of paragraph 1; (b) by substituting the full stop at the end of subparagraph (i) with a semicolon; (c) by inserting, immediately after subparagraph (i), the following new subparagraphs (j), (k), (l) and (m): "(j) regulating the discipline of the officers and servants of the Authority; (k) provisions for the interdiction with reduction in salary or in any other remuneration, or provisions for the suspension without salary or other remuneration, of an officer or servant of the Authority during the pendency of disciplinary proceedings; (l) the creating of such disciplinary offences and providing for such disciplinary punishments as the Authority may deem appropriate and the punishments so provided may extend to dismissal or reduction in rank; and (m) prescribing the procedure for disciplinary proceedings which should provide an opportunity for representations to be made by the person against whom disciplinary proceedings are taken before a decision is arrived at by the disciplinary authority on the disciplinary charge laid against such person.".