Friday, January 14, 2022

PUBLIC OFFICERS (CONDUCT AND DISCIPLINE) REGULATIONS 1993PU(A) 395/1993 - Where is report of actions, offenders and punishment?

Why is this so difficult to find - Should not Public Officers' Misconducts be made known on bulletin boards everywhere? Where do we submit the complaint to? Well, this must not be just some head of department/Balai, etc 

Will the complainant be kept informed of the development of investigation and disciplinary proceedings? Will the 'whistle blowers' rights be protected? 

EFFICIENCY of the complaints mechanism - How many complaints received? How persons found guilty of misconducts - description of misconduct is very important to also DETER other public officers from doing the same wrong...and to educate the Public so that they too know that this or that action by a Public Officer is wrong. Penalties given for this case and that case...is also important. 

Failure of Public Officer to bring to the relevant law enforcement authorities suspected wrongdoings or crimes - Najib Razak found guilty of offences in office - did not any 'public officer' know that what he(or others) did was wrong and/or against the law?? If only these 'public officers' highlighted these wrongs --- the government would have saved so much?

Are Malaysian 'public officers' unethical or 'ignorant'? Are they FEARFUL of highlighting crimes/wrongdoings of their peers and higher-ups? Should failure of a public official to highlight crimes of their 'bosses' be a CRIME or a serious employment misconduct? 

CODE OF CONDUCT and SOPs of every public sector must be HIGHLIGHTED on the website and everywhere, and with information to the Public on HOW TO LODGE a complaint...

The FEDERAL GOVERNMENT, STATE GOVERNMENT AND LOCAL GOVERNMENT SHALL ANNUALLY MAKE AVAILABLE a report of complaints/misconducts and how dealt with...



PUBLIC OFFICERS (CONDUCT AND DISCIPLINE) REGULATIONS 1993PU(A) 395/1993


PART II   CODE OF CONDUCT
4 General

4A Sexual harassment

5 Outside employment







6 Dress etiquette

7 Drugs

8 Presents, etc.

9 Entertainment

10 Ownership property

11 Maintaining a standard of living beyond emoluments and legitimate private means

12 Borrowing money

13 Serious pecuniary indebtedness

14 Report of serious pecuniary indebtedness

15 Lending money

16 Involvement in the futures market

17 Lucky draws, lotteries, etc.

18 Publication of books, etc.

19 Making public statement

20 Prohibition on acting as editor, etc., in any publication

21 Taking part in politics

 

10  Ownership property

(1) An officer shall, on his appointment to the public service or at any time thereafter as may be required by the Government, declare in writing to his Head of Department all properties owned by him or by his spouse or child or held by any person on his behalf or on behalf of his spouse or child.

(2) An officer who does not own any property shall make a declaration in writing to that effect.

(3) Where, after making a declaration under subregulation (1), an officer or his spouse or child acquires any property, either directly or indirectly, or any property acquired by him or by his spouse or child is disposed of, that officer shall immediately declare such acquisition or disposal of property to his Head of Department.

(4) Where an officer or his spouse or child intends to acquire any property, and the acquisition is inconsistent with regulation 4, the acquisition shall not be made without the prior written permission of the Secretary General of the Ministry.

(5) In deciding whether or not to grant permission under subregulation (4), the Secretary General of the Ministry shall have regard to the following matters:

(a) the size, amount or value of the property in relation to the officer's emoluments and any legitimate private means;

(b) whether the acquisition or holding of such property will or is likely to conflict with the interests of the public service or with the officer's position as a public servant, or be in any way inconsistent with regulation 4;

(c) any other factor which he may consider necessary for upholding the integrity and efficiency of the public service.

(6) The Head of Department shall, if he is satisfied with the declaration of property made by the officer, direct that it be recorded in the officer's records of service that the declaration has been made.

(7) Every declaration under subregulation (1) shall be categorised as classified and every person who gains information under this regulation of any such declaration shall comply with the procedures and regulations pertaining to the management of the Government's classified documents.

(8) In this regulation, "property" includes property of any description, whether movable or immovable, as may be prescribed by the Director General of Public Service from time to time.

 

 11  Maintaining a standard of living beyond emoluments and legitimate private means

(1) Where the Head of Department is of the opinion that an officer is or appears to be-

(a) maintaining a standard of living which is beyond his emoluments and other legitimate private means, if any; or

(b) in control or in possession of pecuniary resources or property, movable or immovable, the value of which is disproportionate to, or which could not reasonably be expected to have been acquired by the officer with his emoluments and other legitimate private means,

the Head of Department shall, by notice in writing, requires the officer to give a written explanation within a period of thirty days from the date of receipt of such notice on how he is able to maintain such standard of living or how he obtained such pecuniary resources or property.

(2) The Head of Department shall, upon receipt of the explanation under subregulation (1) or, where the officer fails to give any explanation within the specified period, upon the expiry of such period, report this fact to the appropriate Disciplinary Authority together with the officer's explanation, if any.

(3) Upon receipt of the report under subregulation (2), the appropriate Disciplinary Authority may take disciplinary action against the officer or take such other action against the officer as it deems fit.

 15  Lending money

(1) An officer shall not lend money at interest, whether with or without security.....

 

 16  Involvement in the futures market

 No officer shall involve himself as a buyer or seller or otherwise in any local or foreign futures market.

 

 

Report malpractices in your department, PSD reminds civil servants


The Public Service Department said disciplinary action can be taken against those who fail to report misconduct of officers.

PUTRAJAYA: Civil servants are encouraged to report any misconduct that occurs in ministries, departments or agencies to prevent leakages, especially misuse of power, among staff at various levels, regardless of their positions.

Public Service Department (PSD) director-general Mohd Khairul Adib Abd Rahman said the government views seriously malpractices involving civil servants.

“There are various channels for informants to convey information to the Malaysian Anti-Corruption Commission (MACC) or the integrity unit in each ministry, department or agency.

“Rest assured that their identity and the information given to the authorities will be kept confidential and the  the informant shall be protected in accordance with existing regulations, as provided under the Witness Protection Act 2009 and Witness Protection Act 2010,” he said in a media statement here today.

Mohd Khairul Adib Abd Rahman.

Adib said all civil servants are subject to the Public Officers (Conduct and Discipline) Regulations 1993. Should they violate any rules, including failing to report misconduct of officers, disciplinary action can be taken against them.

In reminding all department heads that this matter should be taken seriously, he commended those who had dared to come forward to give information and help prevent misconduct.

“This shows that they have very high integrity and their action should be emulated by other civil servants.

“The PSD also congratulates the MACC and other enforcement agencies for their proactive and continuous action to address and eradicate corrupt practices and in doing so had helped enhance integrity and good governance in the public sector,” he said. - Free Malaysia Today, 12/12/2020

 










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