Vocational and Industrial Training Board (Disciplinary Proceedings) Regulations

Vocational and Industrial Training Board Act

(Chapter 345, Section 62)

Rg 1

REVISED EDITION 1990

(25th March 1992)

[1st July 1981]

Citation

1. These Regulations may be cited as the Vocational and Industrial Training Board (Disciplinary Proceedings) Regulations.

Definitions

2. In these Regulations, unless the context otherwise requires —

“committee of inquiry” means the committee of inquiry appointed under regulation 4(4);

“Director” includes any officer of the Board who is duly authorised by the Director to act on his behalf;

“emoluments” includes any increments, allowances or other benefits which an officer is entitled to during the period when disciplinary proceedings are instituted against him under these Regulations;

“Establishment Committee” means the Establishment Committee appointed by the Board to exercise the powers of the Board in relation to the termination of appointment, dismissal and disciplinary control of officers;

“officer” means an employee of the Board whether such employee is holding a permanent, temporary or contractual appointment;

“public officer” means an officer in the service of the Government or a statutory body.

Less serious misconduct

3.—(1) If it is represented to the Establishment Committee by the Director that an officer has been guilty of misconduct or neglect of duty and the Establishment Committee is of the opinion that the subject of the complaint is not serious enough to warrant proceedings under regulations 4 to 10 with a view to dismissal or reduction in rank, the Establishment Committee may cause an investigation to be made into the matter in such manner as it thinks fit.

(2) The officer shall be informed in writing of the case against him and shall have a reasonable opportunity of replying thereto.

(3) The Establishment Committee may, after considering the case made against the officer, his reply thereto and the results of the investigation, if any, if it is of the opinion that —

(a)	the allegation has been proved, imposed a penalty such as a stoppage or deferment of increment, fine or reprimand, or a combination of such penalties; or
(b)	the results of such investigation disclose grounds for so doing, require the officer to retire in the public interest or in the interest of the Board without further proceedings under these Regulations, with or without a reduction in retirement benefits.

(4) Where an officer is to be retired under paragraph (3)(b), he shall be given an opportunity to submit to the Establishemtn Committee a reply to the grounds upon which his retirement is contemplated.

Misconduct warranting reduction in rank or dismissal

4.—(1) If it is represented to the Establishment Committee by the Director that an officer has been guilty of misconduct or neglect of duty and the Establishment Committee is of the opinion that the subject of the complaint warrants proceedings with a view to dismissal or reduction in rank, the Establishment Committee may cause proceedings to be taken under this regulation and regulations 5 to 10.

(2) The officer shall be notified in writing by the Director of the grounds, which shall be reduced to the form of a definite charge or charges, upon which it is intended to dismiss him or to reduce his rank and he shall be given not less than 7 working days within which to exculpate himself in writing.

(3) The officer shall also be informed in writing of any other circumstances which it is proposed to take into consideration.

(4) If the officer submits an exculpatory statement which is not satisfactory, the Establishment Committee shall appoint a committee of inquiry to inquire into the matter and the committee of inquiry shall submit a report to the Establishment Committee.

Committee of inquiry

5.—(1) The committee of inquiry in the performance of its functions shall not be deemed to be a judicial or quasi-judicial body.

(2) The committee of inquiry shall consist of —

(a)	an officer of the Board;
(b)	a public officer who is not an officer of the Board; and
(c)	a person chosen from a panel of persons appointed by the Establishment Committee.

(3) Each member of the committee of inquiry shall be notified of his appointment by the Director.

(4) The membership of the panel referred to in paragraph (2)(c) shall normally be for a period of 3 years but members shall be eligible for reappointment at the expiry of that period.

Procedure at inquiry

6.—(1) The officer shall be given at least 7 days’ notice in writing of the date on which the committee of inquiry will commence its inquiry and the officer shall attend the inquiry and shall be permitted to —

(a)	cross-examine the witnesses;
(b)	give evidence on his own behalf;
(c)	have such witnesses as he may wish called on his behalf; and
(d)	have access to information contained in any document at a reasonable time before the document is tendered in evidence.

(2) The record of the proceedings of the committee of inquiry shall consist of the information obtained by the committee and a report by that committee.

(3) The information shall not ordinarily be set out in the form of question and answer, but in the form of a narrative and the committee of inquiry may in its discretion record any particular question and answer.

(4) At the inquiry, the evidence on behalf of the Board shall be presented by an officer of the Board or by any public officer or an advocate and solicitor appointed by the Director.

(5) The officer under inquiry may be represented by an advocate and solicitor or by another officer.

(6) The committee of inquiry shall not be bound to act in a formal manner and shall not be bound by the provisions of the Evidence Act [Cap. 97] or by any other law relating to evidence, but may inform itself on any matter in such manner as it thinks fit.

Adjournments

7.—(1) The committee of inquiry shall proceed with its inquiry from day to day and no adjournment shall be given except for reasons to be recorded in writing.

(2) Every adjournment, with reasons therefor, shall be reported forthwith to the Establishment Committee.

(3) No adjournment shall be given for more than 14 days except with the permission of the chairman of the Establishment Committee or, in his absence, a member of the Committee.

(4) The committee of inquiry may in its discretion conduct proceedings under these Regulations notwithstanding the absence of one of its members, and the validity of the proceedings shall not be challenged on this ground.

Warning

8.—(1) If the committee of inquiry is satisfied that the officer under inquiry is hampering or attempting to hamper the progress of the inquiry it shall administer a warning to the officer.

(2) If after such warning the committee of inquiry is satisfied that the officer is acting in disregard of the warning, it shall make an entry in the record to that effect and shall proceed to complete the inquiry in such manner as it thinks fit.

Report within 14 days

9. The committee of inquiry shall, within 14 working days of the conclusion of the proceedings unless the Establishment Committee grants an extension of time, submit its report to the Establishment Committee.

Decision of Establishment Committee

10.—(1) The Establishment Committee may, upon considering the report of the committee of inquiry, if it is of the opinion that —

(a)

the officer should be dismissed or reduced in rank, dismiss or reduce the rank of the officer from such date as it may think fit; or

(b)

some punishment other than dismissal or reduction in rank should be imposed, it may —

(i)	impose some lesser penalty such as a stoppage or deferment of increment, or fine or reprimand or a combination of such penalties; or
(ii)	require the officer to retire in the public interest or in the interest of the Board without further proceedings under these Regulations, with or without a reduction in retirement benefits.

(2) Where any punishment other than dismissal has been imposed, the Establishment Committee may, in the case of an officer who has been interdicted, forfeit the whole or any part of the emoluments withheld during his interdiction.

(3) The Establishment Committee may where it thinks fit direct the committee of inquiry to reconvene to consider further evidence.

(4) The officer shall be given not less than 14 days’ notice of such further meeting of the committee of inquiry.

Failure to submit exculpatory statement

11.—(1) Where the officer fails to furnish an exculpatory statement within the time specified in regulation 4(2), he shall be informed in writing by the Director that if he fails to furnish an exculpatory statement within 21 days from the date of the first communication of the charges to him, the Establishment Committee may proceed to determine the matter in accordance with paragraph (2).

(2) The Establishment Committee may dispense with the appointment of the committee of inquiry under regulation 4(4) to inquire into the matter where the officer —

(a)	admits the charge or charges or any one of them; or
(b)	fails to furnish an exculpatory statement within the time specified in regulation 4(2) or such extended time as may be given under paragraph (1),

and proceed to determine the matter as the Establishment Committee may think fit after giving the officer a final opportunity to be heard.

(3) If, upon considering all the facts available, the Establishment Committee is of the opinion —

(a)

that the officer should be dismissed or reduced in rank, it shall dismiss or reduce the rank of the officer from such date as it may think fit; or

(b)

that some punishment other than dismissal or reduction in rank should be imposed, it may —

(i)	impose some lesser penalty on the officer such as stoppage or deferment of increment, fine or reprimand or a combination of such penalties; or
(ii)	require the officer to retire in the public interest or in the interest of the Board without further proceedings under these Regulations, with or without a reduction in retirement benefits.

(4) Where any punishment other than dismissal has been imposed, the Establishment Committee may, in the case of an officer who has been interdicted, forfeit the whole or any part of the emoluments withheld during his interdiction.

Dissolution of committee of inquiry

12. The committee of inquiry shall only be dissolved upon a signification to that effect communicated to its members by the Establishment Committee.

Allowances

13.—(1) The allowance payable to a member of the committee of inquiry shall be $100 for each day on which the committee of inquiry is engaged in inquiring into the matter.

(2) Half the amount of such allowance shall be paid where the committee of inquiry is engaged only in the morning or afternoon in inquiring into the matter.

(3) No allowance shall be payable under this regulation to a public officer.

Retirement

14.—(1) Notwithstanding regulation 4, if the Establishment Committee considers that it is desirable in the public interest or in the interest of the Board that an officer should be required to retire from the service on the grounds which cannot be suitably dealt with by specific charges under these Regulations, the Director shall present a full report to the Establishment Committee.

(2) The Establishment Committee shall give to the officer an opportunity of submitting a reply to the complaints by reason of which his retirement is contemplated. If the Establishment Committee is satisfied upon a consideration of the report and of the reply by the officer and having regard to the conditions of service, the usefulness of the officer thereto and all other circumstances of the case, that it is desirable in the public interest or in the interest of the Board to do so, it may require the officer to retire in the public interest or in the interest of the Board and the officer’s service shall accordingly be terminated on such date as the Establishment Committee shall specify.

(3) In every case, the question of pension, gratuity or other allowance shall be dealt with under the law for the time being in force.

Interdiction

15.—(1) Where criminal proceedings have been instituted or disciplinary proceedings are being instituted against an officer, the Director may, after consulting the Establishment Committee, forthwith interdict the officer from duty if he considers that the interest of the Board so requires.

(2) The Director shall not interdict an officer on the ground that criminal proceedings have been instituted against the officer unless the Establishment Committee is of the opinion that the conduct which gave rise to the criminal proceedings is conduct which warrants proceedings to be taken under these Regulations with a view to the dismissal or the reduction in rank of the officer.

(3) Where an officer has been interdicted under this regulation, the Director shall report the interdiction to the Establishment Committee which shall either confirm or rescind the interdiction within 14 days thereof.

(4) An officer who has been interdicted may be allowed to receive such portion of the emoluments of his office for such period during interdiction as the Establishment Committee may think fit, or the Establishment Committee may order his total emoluments to be withheld.

(5) If the disciplinary proceedings against an officer do not result in the dismissal or other punishment of the officer, he shall be entitled to the full amount of the emoluments which he would have received had he not been interdicted.

Criminal Proceedings

16. Where it has been represented to the Establishment Committee that an officer has been charged in court for the commission of a criminal offence and the Establishment Committee is of the view that the officer should be dismissed or reduced in rank, the Establishment Committee may cause proceedings to be taken under regulations 4 to 10 with a view to his dismissal or reduction in rank notwithstanding that the criminal proceedings instituted against the officer have not been determined.

Convicted officer

17. The Establishment Committee may, where an officer has been convicted of a criminal offence, consider the record of the proceedings of the court and it may if it is of the opinion that —

(a)	the officer should be dismissed or reduced in rank, dismiss or reduce the rank of the officer from such date as it may think fit; or
(b)	some punishment other than dismissal or reduction in rank should be imposed, impose a penalty such as a stoppage or deferment of increment, a fine or reprimand or a combination of such penalties.

Acquitted officer

18. The Establishment Committee may, where an officer is acquitted of a criminal charge, consider the record of the proceedings of the court and may, if it is of the opinion that the officer should be dismissed, reduced in rank or otherwise punished, cause appropriate proceedings to be instituted under these Regulations.

Forfeiture of benefits on dismissal

19.—(1) An officer who is dismissed forfeits all claims to any emoluments or part thereof which he would have enjoyed, but for his dismissal.

(2) An officer whose increment is withheld pending disciplinary action may forfeit the withheld increment at the discretion of the Establishment Committee.

Restrictions pending proceedings

20. An officer against whom disciplinary proceedings are instituted under these Regulations, shall not, without the permission of the Establishment Committee, resign or leave Singapore before the disciplinary proceedings are concluded.

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