Copied from “Public Officers (Conduct and Discipline Regulations) 1993
DUTY TO COMPLY WITH REGULATIONS
Duty to comply with Regulations
3A (1) An officer shall comply with the provisions of these Regulations.
(2) The breach of any provision of these Regulations shall render an officer liable to disciplinary action in accordance with these Regulations.
DUTY OF DISCIPLINARY CONTROL AND SUPERVISION
Duty to exercise disciplinary control and supervision
3C (1) It is the duty of every officer to exercise disciplinary control and supervision over his subordinates and to take appropriate action as soon as possible for any breach of the provisions of these Regulations.
(2) An officer who fails to exercise disciplinary control and supervision over his subordinates or to take action against his subordinate who breaches any provision of these Regulations shall be deemed to have been negligent in the performance of his duties and to be irresponsible, and he shall be liable to disciplinary action.
ABSENCE WITHOUT LEAVE
Absence from duty
23 In this Part, "absence", in relation to an officer, includes a failure to be present for any length of time at a time and place where the officer is required to be present for the performance of his duties.
Disciplinary action for absence without leave
24 An officer's absence from duty without leave or without prior permission or without reasonable cause shall render him liable to disciplinary action.
Procedure in cases of absence without leave
25 (1) Where an officer is absent from duty without leave or without prior permission or without reasonable cause, his Head of Department shall, as soon as possible, report that fact together with the dates and circumstances of such absence and any further information in respect of such absence to the appropriate Disciplinary Authority.
(2) The appropriate Disciplinary Authority may, after considering the report of the Head of Department under subregulation (1), institute disciplinary action against the officer.
Copied from “Ministry Guidance Against Absent Officers”, Memo 15, Integrity Information, Malaysian Ministry of Education ⤤
Early measures should be taken by Heads of Department/Supervisors through reproaching the absent public servants after conducting observations or offering advice so public servants always abide to working hours. If reproach and advice had been given by the Head of Department/Supervisor, but still the public servants committed the same offences, then immediate reports should be made to the relevant disciplinary authorities noted in these instructions.
The government is very serious in dealing with cases of absent public servants and this specific guide has been prepared to ensure that Heads of Department take the specified actions and implement disciplinary observations against absent public servants to ensure the absences do not perpetuate.
Under the Public Officers Regulations Act (Conduct and Discipline) 1993, any officer who fails to assert authority over his or her subordinates, or fails to take actions against his or her subordinates who violate any section of the law, shall be deemed negligent in performing his or her duties and is irresponsible, and disciplinary actions can be taken against him or her.
Effective actions by the Head of Department are expected to have immediate effect against this misconduct, where public servants do not report for duty, to thus contain this problem.
Copied from “Act 694 (15_5_2015)", Attorney General's Chambers, Malaysia ⤤
(a) money, donation, gift, loan, fee, reward, valuable security, property or interest in property being property of any description whether movable or immovable, financial benefit, or any other similar advantage;
(b) any office, dignity, employment, contract of employment or services, and agreement to give employment or render services in any capacity;
(c) any payment, release, discharge or liquidation of any loan, obligation or other liability, whether in whole or in part;
(d) any valuable consideration of any kind, any discount, commission, rebate, bonus, deduction or percentage;
(e) any forbearance to demand any money or money’s worth or valuable thing;
(f) any other service or favour of any description, including protection from any penalty or disability incurred or apprehended or from any action or proceedings of a disciplinary, civil or criminal nature, whether or not already instituted, and including the exercise or the forbearance from the exercise of any right or any official power or duty; and
(g) any offer, undertaking or promise, whether conditional or unconditional, of any gratification within the meaning of any of the preceding paragraphs (a) to (f);
OFFENCES AND PENALTIES
Offence of using office or position for gratification
23. (1) Any officer of a public body who uses his office or position for any gratification, whether for himself, his relative or associate, commits an offence.
(2) For the purposes of subsection (1), an officer of a public body shall be presumed, until the contrary is proved, to use his office or position for any gratification, whether for himself, his relative or associate, when he makes any decision, or takes any action, in relation to any matter in which such officer, or any relative or associate of his, has an interest, whether directly or indirectly.
(3) For the avoidance of doubt, it is declared that, for the purposes of subsection (1), any member of the administration of a State shall be deemed to use his office or position for gratification when he acts contrary to subsection 2(8) of the Eighth Schedule to the Federal Constitution or the equivalent provision in the Constitution or Laws of the Constitution of that State.
(4) This section shall not apply to an officer who holds office in a public body as a representative of another public body which has the control or partial control over the first-mentioned public body in respect of any matter or thing done in his capacity as such representative for the interest or advantage of that other public body.
Attempts, preparations, abetments and criminal conspiracies punishable as offence
28. (1) Any person who—
(a) attempts to commit any offence under this Act;
(b) does any act preparatory to or in furtherance of the commission of any offence under this Act; or
(c) abets or is engaged in a criminal conspiracy to commit any offence under this Act,
commits such offence and shall on conviction be liable to the punishment provided for such offence.
(2) Any provision of this Act which contains a reference to an offence under any specific provision of this Act shall be read as including a reference to an offence under subsection (1) in relation to the offence under that specific provision.
(3) Paragraph (1)(a) shall not apply where an attempt to do any act is expressly made an offence under this Act, and paragraph (1)(c) shall not apply to the case of an abetment of an offence as provided for under section 164 of the Penal Code.
Copied from “Code of Conduct”, Document Package of Receipt and Acceptance, Teachers & Lecturers, the Malaysian Education Service Commission ⤤
Identity Card Number ………………
residing at ………………
solemnly promise that I shall comply with the provisions of the Public Officers Regulations Act (Conduct and Discipline) 1993, General Orders, circulars and circular letters, regulations and other instructions issued and enforced by The Government from time to time during the period of service with the Government. Therefore I promise, as required by Rule 4 of the rules of the Public Officers Regulations (Conduct and Discipline) Act 1993, that I—
(i) shall always obey the Yang di-Pertuan Agong, the country and the Government;
(ii) shall always perform my duties as a public servant with care, earnesty, efficiency, honesty, trustworthiness and responsibility;
(iii) shall not abandon my public duty for my personal interest;
(iv) shall not conduct myself in a way that might cause my personal interests to conflict with my public duty;
(v) shall not conduct myself in a way that can give rise to a reasonable suspicion that I have let my personal interests contravene my official duties thus affecting my usefulness as a public servant;
(vi) shall not use my position as a public officer for the benefit of myself;
(vii) shall not conduct myself in a way that can worsen or discredit the public service;
(viii) shall not bring or attempt to bring any form of influence or external pressure to support or advance my claim or the claim of another public servant in respect to the public service; and
(ix) shall not be in default or behaving in a way that can be interpreted as disobeying commands.
I solemnly understand that if I breach this Undertaking, I shall be liable to disciplinary action according to the rules of the Public Officers Regulations Act (Conduct and Discipline) 1993.
(Signature of the Public Servant)
(Position of the Public Servant)
As witnessed by those in front of me
(Signature of the Head of the Department)
(Name and Identity Card Number of the Head of the Department)
(The Department's Official Stamp)
Copied from “Act 550", Polisas ⤤
WHEREAS acknowledging that knowledge is the key determinant of the destiny and survival of the nation:
AND WHEREAS the purpose of education is to enable the Malaysian society to have a command of knowledge, skills and values necessary in a world that is highly competitive and globalized, arising from the impact of rapid development in science, technology and information:
AND WHEREAS education plays a vital role in achieving the country’s vision of attaining the status of a fully developed nation in terms of economic development, social justice, and spiritual, moral and ethical strength, towards creating a society that is united, democratic, liberal and dynamic:
AND WHEREAS it is the mission to develop a world-class quality education system which will realize the full potential of the individual and fulfill the aspiration of the Malaysian nation:
OFFENCES AND PENALTIES
134. Offences and penalties relating to Inspectors
A person who—
(a) obstructs or impedes the Chief Inspector or an Inspector of Schools in the exercise of any powers conferred on him by section 121;
(b) refuses to produce any time-table, syllabus, record, book, material, document or article, or to furnish information, in contravention of subparagraph 121(b)(ii); or
(c) furnishes any information which is false in any material particular or which he knows to be false or does not believe to be true,
shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding thirty thousand ringgit or to imprisonment not exceeding two years or to both.
Copied from “Akta Kanak-Kanak 2001", Kementerian Pembangunan Wanita Keluarga dan Masyarakat ⤤
RECOGNIZING that the country's vision of a fully developed nation is one where social justice and moral, ethical and spiritual developments are just as important as economic development in creating a civil Malaysian society which is united, progressive, peaceful, caring, just and humane:
RECOGNIZING that a child is not only a crucial component of such a society but also the key to its survival, development and prosperity:
ACKNOWLEDGING that a child, by reason of his physical, mental and emotional immaturity, is in need of special safeguards, care and assistance, after birth, to enable him to participate in and contribute positively towards the attainment of the ideals of a civil Malaysian society:
RECOGNIZING every child is entitled to protection and assistance in all circumstances without regard to distinction of any kind, such as race, colour, sex, language, religion, social origin or physical, mental or emotional disabilities or any other status:
OFFENCES IN RELATION TO THE HEALTH AND WELFARE OF CHILDREN
Ill-treatment, neglect, abandonment or exposure of children
31. (1) Any person who, being a person having the care of a child—
(a) abuses, neglects, abandons or exposes the child in a manner likely to cause him physical or emotional injury or causes or permits him to be so abused, neglected, abandoned or exposed; or
(b) sexually abuses the child or causes or permits him to be so abused,
commits an offence and shall on conviction be liable to a fine not exceeding twenty thousand ringgit or to imprisonment for a term not exceeding ten years or to both.