Report.2B.Discipline

INTRODUCTION TO HUMAN RESOURCE MANAGEMENT IN
PUBLIC SECTOR

DISCIPLINE

COURSE INSTRUCTOR
MISS WAN NOR AZLEEN WAN A.RAHMAN @ HASNAN

DATE OF SUBMISSION
25 JUNE 2021

TEAM MEMBERS

NURUL ASYIQIN BINTI NUR AEINA NAJIHAH BINTI
ABD AZIZ CHE JUHAR
2020847904
2020829492

NUR NADHIRAH BINTI WAN AALIA SYAZWANA BT NUR FARAH AMANINA BINTI
ISMAIL YAHYA @ WAN HASSAN SANILI
2020892884
2020478594 2020490548

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ABSTRACT
One of the essential aspects in job performance is discipline. Discipline in a job career will be covered
in this topic, which will be based on the General Order Chapter D. Disciplinary control is an important
management tool for creating an efficient administration in performing all functions and
responsibilities towards the achievement of goals and objectives. This research is referring to the
General Order that was applying to all civil servants in Malaysia. General Order is a guidelines to the
authorities are accountable to the members under their respective care. General Orders and
government circulars are the main pulses that regulate and ensure that government governance from
the grassroots level to the highest level and they should run smoothly and comply with established
procedures. Primarily, General Order is a summary of conditions, guidelines, codes of ethics, discipline
and by-laws relating to what can be done in addition to the procedures for doing so and prohibitions
against civil servants. These results indicate that the discipline applied in the Conduct and Discipline
Regulations 1993 is very important to produce high quality employees

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ACKNOWLEDGEMENT
Firstly, we would like to express our greatest gratitude to Allah SWT, the Absolute Bestower, for His
never-ending mercy for all of us from beginning till the end in accomplishing our digital booklet. We
are very grateful to our Miss Azleen Wan A. Rahman @ Hasnan our honourable lecture for her wise
guidance and expertise, which enabled us to finish this assignment effectively. Thus, it would not have
been possible to complete it without the involvement and support of many people who contributed
to this project. We want to thank each other for the hard work in completing the task. The family and
friends for the non-stop support and encouragement. Last but not least, the appreciation to all the
people who have willingly helped us out with their abilities. At first, seems like it is quite challenging
to finish the assignment, but everyone mentioned above, made the dreams become a reality.

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TABLE OF CONTENT

NO CONTENT PAGE
iv
1 Team member iv
2 Abstract
3
4 Acknowledgement iv
5 10 Frequently asked question
6
7 What is Discipline? 1
8 What are the related regulations governing the discipline? 2
9 What is the conduct of a civil servant in carrying out his duties? 3-4
10
What is the ultimate prohibition that would be imposed on civil servants during 5-10
the period of their duty?

What does the Disciplinary Action do if it is found that a civil servant has 11

committed a disciplinary offence?

What should the Head of Department do if it is found that a civil servant is 12

absent from work for 7 consecutive days without a reasonable reason?

What kind of punishment imposed on breach of code of conduct against 13

officers?

What caused an officer to be suspended and the consequences of it? 14

Will unpaid emoluments still be received if the officer is dismissed or subjected 15
to a punishment other than dismissal?

It is possible for an officer leave the country while under interdiction or work 16

suspension?

Additional Information 17

References 18

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1. What is Discipline?

1 Discipline is the orderly conduct by an
employee in an expected manner

DISCIPLINE It is the force or fear of a force that

2 deters an individual or a group from

doing things that are detrimental to the
accomplishment of group objectives

Discipline brings structure in a

3 person’s life that makes the person
more responsible and respectful

Discipline establishes a solid
foundation for being selective, self-

4 sufficient, punctual, focused,

encouraged, and organized in life

5 Self-discipline is critical in suppressing
our impulsive desires and passions.

1

2. What are the related regulations governing the discipline?

The regulation is apply to the officer from the Public Officers
(Conduct And Discipline)
1 beginning of employment until the end of
service Regulations 1993
General Order Chapter D

If the officer violates this rule then he may be subject to 2
disciplinary action

“Emoluments” are money paid to the officer for

3 his services. this money includes basic salary,
fixed remuneration, incentive payments as well
as monthly allowances

“Head of Department” are responsible for ministries, 4
departments, institutions, agencies and officers in
the Top Management Group also Management and
Professional Groups to exercise authority on behalf
of their department

5 “Officer” is the civil servant

2

3. What is the conduct of a civil servant in carrying out his duties?

Rule 4 (1)
What the officer must do ?

Always gives undivided loyalty towards Yang Di-Pertuan Agong and the
government

1 • Safeguard and preserve the sovereignty of the country

• Devoting allegiance to the ruling government

Rule 4 (2)
What the officer cannot do ?

Neglect his duties for personal

2 interest Conduct himself in such as manner
that can bring his personal interest

➢ Being nepotism in into conflicts with his duty 3

selecting employees ➢ Has a relationship with someone

➢ Managing a business who has relation to his official duties

family during office

hours/official duties

Bring his personal matter into duties and

Bring discredit to the public used his position for personal advantage
➢ Using a department vehicle to
4 sector 5
➢ Receive bribes

➢ Taking drugs pick up a child from school
➢ Using government’s property

Lack efficiency or effortless such as laptop for personal use

➢ Do not complete the

6 task as expected Bring or attempt to bring any form of

➢ Failed to monitor the external influence or pressure with the

subordinate’s behaviour intention to support or advance a claim

➢ relating to the public service whether it

7is one's own claim or that of another

Dishonest or untrustworthy member of the public service

8 ➢ Provide a false sick ➢ Asking dignitaries or politician’s
leave certificate
help to get promoted

3

Be irresponsible Disobeyed orders
➢ Take out Department

➢ Do not come to work classified files without 10
written permission of the
9 on time

➢ Tapping another Head of Department

officer’s time recorder ➢ Did not report receipt of gift

card to Head of Department

➢

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Being careless in performing duties
➢ The negligence of the police officers on duty caused the wrong
person to run away
➢ Damage the government’s property

4

4. What is the ultimate prohibition that would be imposed on civil servants during
the period of their duty?

RULE EXPLANATION EXAMPLES

4A : SEXUAL HARASSMENT - Attempts to approach or solicit sexual services

- Performing acts of a sexual nature that cause a

sane person to be offended, insulted or - Storytelling, jokes or

threatened obscene gestures

Forms - Touching sensitive

- Orally, in writing and others limbs

- Not limited to the workplace or during working

hours as long as it tarnishes the image of civil

servants

5: OUTSIDE EMPLOYMENT - Taking part in management or any commercial Public prosecutors

or industrial with expertise in law

- Working with any individual, institution or work with certain

company which get reward individuals and earn

- Receive reward for provide any information as wages

an expertise

- Become an executor, administrator or receiver

7 : DRUG ABUSE -Must not use/ take/ abuse/ addicted to

dangerous drugs except for medical purposes

- Officers may be subject to disciplinary action Abuse and addiction

such as dismissal to drugs such as

- The service of an officer may be terminated in marijuana, morphine,

the public interest [RULE 49] if the officer heroin and others.

reaches the optional retirement age

-For the purposes of this regulation, "dangerous

drug" means any drug or substance specified in

the First Schedule of the Dangerous Drugs Act

1952

5

8: RECEIVE GIFTS An officer cannot accept or give/allow his The officer receives a gift

9: GIVE OR RECEIVE wife/husband/any other person to receive or from an individual with
ENTERTAINMENT
give on his behalf, directly or indirectly, any the intention of helping

gift whether in outward or otherwise from or that individual obtain a

to any association, body, person or group of position in his

persons if; organization

• The gifts received are related to his

work

• The amount and value of gifts is not

commensurate with the purpose

An officer may give or receive any kind of Individuals provide

entertainment to or from any person if : entertainment such as

• The entertainment does not in any vacations and parties to

way affect the performance of his officers with specific

official duties as a public officer in the intentions

interest of that person

• The giving or receiving the

entertainment is not in any way

inconsistent with the code of

conduct under rule 4

11 : MAINTAINING A - Maintain a standard of living that is higher The officer has property
STANDARD OF LIVING IN
EXCESS OF EMOLUMENTS / than the legal emoluments/income that does not match the

LEGITIMATE INCOME - Control/possess financial resources or emoluments or legal

property that are disproportionate or income.

unreasonable with legitimate

emoluments/income

6

12: BORROW MONEY OR BE A Cannot borrow money / be a guarantor to - Guarantor who fails to
GUARANTOR

any person who: pay the debt of the

- Related to his official duties borrower within one

- Have an official affair- Live/own land/ month from the date of
conduct business in the official jurisdiction receipt of the court
order
- Running a money lending business - The borrower is
Can borrow from: declared bankrupt by
- Bank-secured/overdraft the court and the salary

- SY. Insurance- policy collateral is held/managed by
- SY. Cooperation- (including government) Amanah Raya. The
salary is not enough to

- SY. Borrowing- SY Borrowing act 1969 Hire release the dependents.

Purchase Agreement

- Hire Purchase Agreement
On condition
- The institution is not directly under its
official authority.

- Do not bring public scandal/use public
position

- Aggregate debt does not result in serious
financial indebtedness of money

15: LENDING MONEY Cannot lend money with interest Officers grant loans by
charging interest

7

16: FUTURE MARKET Prohibited from engage in the futures market as Involved in the
a buyer or seller, in the local or overseas market commodity/futures

market

17: LUCKY DRAW & LOTTERY Hold or organize or

May not hold lucky draws or lotteries other than participate in any

for charitable purposes lucky draw or lottery

other than for

charitable purposes

18: PUBLICATION OF BOOKS & Write/publish books
WORKS Cannot publish or write books, papers or other using classified
works based on classified official information official information

(Top Secret, Secret
and Confidential)

19: MAKING A PUBLIC Shall not issue any public statement to the press The official exposed
STATEMENT

or the public orally or in writing statement about the issue of

related to : corruption going on

• Government policies, programs and in his department to

issues the media without

• Information related to his department following the proper

channels

8

20 : MAGAZINE/JOURNAL Cannot be an editor of - Became a daily
EDITORS
newspapers/magazines/journals except newspaper editor
21: POLITICAL ACTIVITIES
for publications:- - Became the editor of a
23: ABSENCE FROM DUTY
• -Department political party newspaper

• Professional - Become a Blog page

author
• Voluntary organizations that are

not politically motivated

• Approved in writing by the head of

department

Officers in Top Management Group and - Campaigning on behalf

The Managerial and Professional Group of political parties

are prohibited from participating in politics - Distribute political party

or wearing the emblem of a political party pamphlets

and specifically prohibited from : - Holding a position in a

• Make a statement in favor of any political party

political party - Wearing the emblem of

• Publish/distribute a political party

books/articles/pamphlets on

politics

• Appealed for votes

• Polling station election agent

• Compete for any position

• Hold any position of power

-Officers absent from duty without - Officers ‘disappeared’

leave/permission/rational reason may be after tapping the time

subject to disciplinary action recorder card in the

-"ABSENCE" in this context including being morning, then

absent for any period of time at the time reappeared in the

and place the officer is required to be on evening to the return

duty time

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PP 2/2009: GET RICH QUICK Public officials are strictly prohibited from
SCHEME

engaging in any quick rich scheme

including as organizers or intermediaries

or investors. -The officer make an
• High/unrealistic rate of return investment in MultiLevel
• Small amount of investment Marketing (MLM)
• No risk

• Not registered with Bank Negara

Malaysia, Securities Commission,

Cooperative Commission of

Malaysia, KPDN & HEP or other

authorities

10

5. What does the Disciplinary Action do if it is found that a civil servant has committed a
disciplinary offence?

The head of department submits a report of a disciplinary violation
by the officer to the Disciplinary Board

The Chairman of the Disciplinary Board has the authority to
determine the punishment

Dismissed or demoted Lenient punishment
(other than dismissal or demotion)

Determine whether to dismiss or The Chairman of The Disciplinary Board
demote by identifying a prima facie instructs the officer to make a written
personal representation within 21 days
existence
from the date of the charge
FOUND A PRIMA FACIE CASE
Disciplinary board put into
The Chairman of The Disciplinary Board consideration the officer's
instructs the officer to make a written representation and make a decision:
personal representation within 21 days
Wrong finding results
from the date of the charge Punishment on officers

Disciplinary board put into consideration Not guilty
the officer's representation and make a The Officer must be

decision: released

Should not be subject to
dismissal or demotion
Impose a lenient punishment

Shall be subject to dismissal or
demotion

11

6. What should the Head of Department do if it is found that a civil servant is absent from
work for 7 consecutive days without a reasonable reason?

The Head of Department send the warning letter to that civil servant through
the Registered Post Acknowledgement of Receipt to the civil servant

The civil servant reporting her or The civil servant do not reporting her or
himself to the office himself to the office or the letter send back to

the Head of Department

Found guilty The Head of Department reports to the
matter to the Authority for action

Emoluments for the period are Dismissed Demoted
forfeited 12

7. What kind of punishment imposed on breach of code of conduct against officers?

WARNING FINE FORFEITURE OF SALARIES ARE
EMOLUMENTS REDUCED
A form of - Maximum 7
warning letter days - No limits - Minimum 1
emoluments salary movement
- Penalties for for 12 months,
- Any fine forfeiture of maximum 3 salary
imposed shall emoluments are movements for 36
not exceed an not related to the months
amount equal to maximum amount
seven days of of fines at any one - Salaries are
emoluments of particular time lowered
the officer horizontally in the
same level

DEMOTED
•Demotion to a lower level but still under the same service and group

DEFERMENT OF SALARY MOVEMENT
•For a period of 3,6,9 or 12 months
•The penalty of deferment of salary movement imposed on an officer
shall be implemented on the anniversary of the next salary movement
•The date of movement salary of a sentenced officer shall be changed to
the date of the nearest salary after his or her sentence

DISMISSED
•Removed from public service
•The disciplinary authority has the power to impose a sentence of
dismissal if an officer commits a crime convicted by any court

13

8. What caused an officer to be suspended and the consequences of it?

When an officer is convicted by
any criminal court

CAUSES

A detention or restriction order
is made or imposed on an officer

RULE 46(1) : He is not allowed to receive his
SUSPENSION OF unpaid emoluments during his
interdiction
WORK
He is not allowed to receive his
CONSEQUENCE emoluments from the date of
his suspension

14

9. Will unpaid emoluments still be received if the officer is dismissed or subjected to a
punishment other than dismissal?

RULE 47 : RECEIPT OF UNPAID EMOLUMENTS
Dismissed officer

The officer cannot receive any emoluments during the period of
prohibition or suspension

Officer who receive
punishment without dismissal

He can receive only part from the emoluments during the period
of interdiction and suspension. However, it still depends on the
Disciplinary Authority’s discretion

15

10. It is possible for an officer leave the country while under interdiction or work
suspension?

An officer who is interdicted or The officer is working in Malaysia
suspended ➢ He cannot leave Malaysia without
permission from the Disciplinary
Authority.

The officer is on duty on a Malaysian
Mission abroad

➢ He will be called to return to
Malaysia immediately

While waiting for the decision whether
he should be reinstated or dismissed,
he is not allowed to leave Malaysia
without written permission from the
Disciplinary Authority.

An officer who is interdicted He cannot receive any emoluments
and has left Malaysia without This action will be taken by the
written permission from the Disciplinary Authority even though there
are the sub-rule 44(3) and 45(3).
Disciplinary Authority

The officer going through - He will get interdict
criminal proceedings in a - He must be placed in the custody of the
Malaysian Mission and shall not be
foreign country allowed to leave the country

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Additional information

Written Representation Prima Facie
A letter which attach the facts and factors Prima facie is a case that is presumed
regarding why the charge imposed should right until proven otherwise due to the
be changed to a lenient punishment or claim of having enough evidence to
discharged from the charge proceed to trial or judgment. In
Latin, means "at first sight"

Rule 44 (3)
An interdicted officer can receive not less
than half of his emoluments as the
Disciplinary Authority thinks fit unless he
is suspended or dismissed.

Rule 45 (1) Rule 45 (3)
Disciplinary authority can interdict the An officer who is interdicted under sub -
officer from doing his duties but not more rule 45 (1) can receive his emoluments as
than 1 month if he is suspected of long as he is within the period of his
committing a crime or disciplinary violation prohibition

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REFERENCES

(n.d.). Retrieved from

https://www.pahang.gov.my/microsite/modules_resources/database_stores/5/51_27.pdf

Department, P. S. (n.d.). Retrieved from https://docs.jpa.gov.my/docs/pu/pua395.pdf

ecole_admin. (2021, February 2). Ecole Globale. Retrieved from
https://www.ecoleglobale.com/blog/importance-of-discipline-in-students-life/

Official Portal Public Service Comission. (n.d.). Retrieved from
https://www.spa.gov.my/spa/panduan/tatatertib/siri/siri-7

Ruslan, S. (2013, March 21). Slideshare. Retrieved from https://www.slideshare.net/ruslanz/155-
tatakelakuan-dan-larangan-dalam-perkhidmatan-awam

Tatacara Tindakan Tatatertib . (2019). Public Service Comission.

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