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No. S 71

Ngee Ann Polytechnic Act

(Chapter 207)

Ngee Ann Polytechnic (Staff — Conduct and Discipline) (Amendment) Rules 2003

In exercise of the powers conferred by section 24 of the Ngee Ann Polytechnic Act, the Council of the Ngee Ann Polytechnic, with the approval of the Minister for Education, hereby makes the following Rules:

Citation and commencement

1. These Rules may be cited as the Ngee Ann Polytechnic (Staff — Conduct and Discipline) (Amendment) Rules 2003 and shall come into operation on 14th February 2003.

Amendment of rule 2

2. Rule 2 of the Ngee Ann Polytechnic (Staff — Conduct and Discipline) Rules (R 4) (referred to in these Rules as the principal Rules) is amended —

(a)

by deleting the definition of “disciplinary proceedings committee” and substituting the following definitions:

“ “authorised person” means a person appointed under rule 3A (1) to conduct a preliminary investigation into a complaint made against an employee;

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

(b)

by deleting the definition of “preliminary inquiry committee”.

Amendment of rule 3

3. Rule 3 of the principal Rules is amended by deleting paragraphs (2) to (11).

New rules 3A and 3B

4. The principal Rules are amended by inserting, immediately after rule 3, the following rules:

“Disciplinary action by Principal

3A.—(1) Where a complaint is made to the Principal or any information comes to his knowledge that an employee has or may have committed an act which, if established, would constitute any of the disciplinary offences specified in the Schedule, the Principal shall appoint one or more authorised persons to conduct a preliminary investigation into the complaint or information.

(2) The authorised person shall notify the employee in writing of the complaint made against him or the information referred to in paragraph (1).

(3) An employee who has received a notification under paragraph (2) shall submit to the authorised person a written explanation or reply to the matters set out in the notification within 7 days of the receipt of the notification.

(4) Notwithstanding the failure of an employee to submit a written explanation or reply under paragraph (3) —

(a)	the authorised person may proceed to conduct a preliminary investigation into the complaint or the matter and shall submit a report to the Principal in accordance with paragraph (5); and
(b)	the Principal may proceed to make a determination in respect of the complaint or matter in accordance with paragraph (6).

(5) The authorised person shall, after considering the case made against the employee, his reply thereto (if any) and the results of the investigation, submit a report of the investigation to the Principal within 14 days of the conclusion of the investigation of the case.

(6) The Principal may, after considering the report of the investigation, do any of the following:

(a)

if he is of the opinion that the allegation against the employee has not been established, he may dismiss the complaint or matter and strike the complaint or matter from the records;

(b)

if he is of the opinion that the allegation against the employee has been established but is not serious enough to warrant dismissal or reduction in rank, he may —

(i)	order that any increment due to the employee concerned be stopped or deferred for a period not exceeding one year;
(ii)	impose a financial penalty not exceeding one month’s emoluments of the employee;
(iii)	reprimand the employee; or
(iv)	impose a combination of the penalties referred to in sub-paragraphs (i), (ii) and (iii);

(c)

if he is of the opinion that the allegation has been established and is serious enough to warrant dismissal or reduction in rank, he may refer the complaint or matter to the Staff Disciplinary Committee together with a copy of the report of the investigation submitted by the authorised person under paragraph (5).

Appeal to Staff Disciplinary Committee

3B.—(1) Where an employee is dissatisfied with the decision of the Principal under rule 3A(6)(b), he may lodge an appeal with the Staff Disciplinary Committee within 14 days of the decision —

(a)	stating briefly and concisely the grounds upon which he is dissatisfied with the decision of the Principal; and
(b)	asking for a reconsideration of the decision.

(2) After consideration of an appeal lodged under paragraph (1), the Staff Disciplinary Committee may determine the case in such manner as it thinks fit and may —

(a)	dismiss the appeal;
(b)	allow the appeal and quash the decision of the Principal; or
(c)	substitute the penalty imposed by the Principal with such other penalty referred to in rule 3A(6)(b) as it thinks fit.

(3) The decision of the Staff Disciplinary Committee under paragraph (2) shall be final and binding.”.

Amendment of rule 4

5. Rule 4 of the principal Rules is amended —

(a)

by deleting paragraph (1) and substituting the following paragraph:

“(1) The Staff Disciplinary Committee may, after considering the report of investigation referred by the Principal under rule 3A (6)(c), cause proceedings to be taken under this rule and rules 5 to 12.”; and

(b)

by deleting paragraph (6) and substituting the following paragraph:

“(6) A person who is appointed as an authorised person for the investigation of any complaint against an employee shall not sit as a member of the committee of inquiry in any subsequent proceedings in respect of that complaint.”.

Amendment of rule 15

6. Rule 15 of the principal Rules is amended —

(a)

by deleting paragraphs (1) and (2) and substituting the following paragraphs:

“(1) Where criminal proceedings or disciplinary proceedings for the dismissal of an employee or his reduction in rank are being instituted against him, the Principal may, after consulting the Staff Disciplinary Committee, forthwith interdict the employee from the exercise of the powers and functions of his office.

(2) The Principal shall not interdict an employee under paragraph (1) unless he considers that the interests of the Polytechnic require that the employee should cease to exercise his duties immediately.”; and

(b)

by deleting the words “Staff Disciplinary Committee” wherever they appear in the 3rd and penultimate lines of paragraph (3) and in paragraph (5) and substituting in each case the word “Principal”.

Amendment of rule 17

7. Rule 17 of the principal Rules is amended by deleting paragraph (2) and substituting the following paragraph:

“(2) Where an employee is convicted of a criminal offence —

(a)	the Principal shall not be required to appoint an authorised person to conduct a preliminary investigation under rule 3A (1); and
(b)	the Staff Disciplinary Committee shall not be required to appoint a committee of inquiry under rule 4 (4).”.

New rule 20

8. The principal Rules are amended by inserting, immediately after rule 19, the following rule:

“Financial penalties to be paid to Polytechnic

20. Any financial penalty imposed by the Principal, the Staff Disciplinary Committee or the Council under these Rules shall be paid to the Polytechnic.”.

Miscellaneous amendments

9. The principal Rules are amended —

(a)

by deleting the words “disciplinary proceedings committee” in the following rules and substituting in each case the words “committee of inquiry”:

Rules 4(4), (5) (1st line) and (7), 5(1) (2nd and 3rd lines), (2), (4) and (7) (1st line), 6(1), 7 (1st line), 8(1) and (2) (1st and 2nd lines), 9, 10 (2nd line), 11(1) and (2), 12(2) (2nd line) and 14 and marginal note; and

(b)

by deleting the words “fine or reprimand” in the following rules and substituting in each case the words “reprimand or a financial penalty not exceeding one month’s emoluments of the employee”:

Rules 10(b), 12(3)(b) and 13(2)(c).

Deletion and substitution of Schedule

10. The Schedule to the principal Rules is deleted and the following Schedule substituted therefor:

“THE SCHEDULE

Rule 3A(1)

Disciplinary Offences

(1) Neglect of duty.

(2) Any conduct or action likely to bring the Polytechnic into disrepute.

(3) Any conduct prejudicial to good order or discipline.

(4) Any other misconduct.”.

Made this 4th day of February 2003.

CHOO CHIAU BENG

Chairman,
Council of the Ngee Ann
Polytechnic,
Singapore.

[NP.HR.017.87; AG/LEG/SL/207/2002/1 Vol. 1]