Singapore Corporation of Rehabilitative Enterprises (Disciplinary Proceedings) Regulations

Singapore Corporation of Rehabilitative Enterprises Act

(Chapter 298, Section 36)

Rg 1

REVISED EDITION 1990

(25th March 1992)

[13th October 1978]

Citation

1. These Regulations may be cited as the Singapore Corporation of Rehabilitative Enterprises (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(3);

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

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

“officer” means a confirmed officer of the Corporation;

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

Less serious offences

3.—(1) If it is represented to the Establishment Committee by the chief executive officer 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 regulation 4 with a view to the dismissal or reduction in rank of the officer, the Establishment Committee may cause an investigation to be made into the matter in such manner as it thinks fit, and the officer shall be informed in writing of the case against him and shall have a reasonable opportunity of replying thereto.

(2) The Establishment Committee may, after considering the case made against the officer, his reply thereto and the results of the investigation, if any, and, if it is of the opinion that the allegation has been proved, impose a penalty such as stoppage or deferment of increments, fine or reprimand, or a combination of such penalties.

Offences meriting dismissal or reduction in rank

4.—(1) If it is represented to the Establishment Committee by the chief executive officer 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.

(2) The officer shall be notified in writing by the chief executive officer 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. The officer shall also be informed in writing of any other circumstances which it is proposed to take into consideration.

(3) 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.

(4) The Committee of Inquiry in the performance of its functions shall not be deemed to be a judicial or quasi-judicial body.

(5) The Committee of Inquiry shall consist of —

(a)	an officer;
(b)	a public officer; and
(c)	a person chosen from a panel of persons appointed by the Establishment Committee.

(6) The membership of the panel shall normally be for a period of 3 years but members shall be eligible for reappointment at the expiry of such period.

(7) Each member of the Committee of Inquiry shall be notified in writing of his appointment by the chief executive officer.

(8) 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.

(9) The record of the proceedings of the Committee of Inquiry shall consist of the information obtained by that Committee and a report by that Committee. 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.

(10) At the inquiry, the evidence on behalf of the Corporation shall be presented by an officer or an advocate and solicitor appointed by the chief executive officer. The Establishment Committee may in its discretion permit the officer under inquiry to be represented by a representative of his trade union or by an advocate and solicitor or by another officer of the Corporation.

(11) 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.

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

(13) 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 such proceedings shall not be challenged on this ground.

(14) 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. If, after the 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.

(15) 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.

(16) 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, impose a penalty such as stoppage or deferment of increment, fine or reprimand or a combination of such penalties.

(17) The Establishment Committee may where it thinks fit direct the Committee of Inquiry to reconvene to consider further evidence and to meet for that purpose:

Provided that the officer shall be given not less than 14 days’ notice of such further meeting of the Committee of Inquiry.

(18) Where the officer fails to furnish an exculpatory statement within the time prescribed under paragraph (2), he shall be informed in writing by the chief executive officer that if he fails to furnish an exculpatory statement within 21 days from the date of first communication of the charges to him, the Establishment Committee may proceed to determine the matter in accordance with paragraph (19).

(19) The Establishment Committee may dispense with the appointment of the Committee of Inquiry under paragraph (3) 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 prescribed by paragraph (2) or such extended time as may be given under paragraph (18),

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

(20) If, upon considering 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 impose a penalty such as stoppage or deferment of increment, fine or reprimand or a combination of such penalties.

(21) The Committee of Inquiry shall only be dissolved upon a signification to that effect communicated to its members by the Establishment Committee.

Allowance

5. The allowance payable to a member of the Committee of Inquiry who is not an officer or public officer shall be $50 for each day on which the Committee of Inquiry is engaged in inquiring into the matter, except that 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.

Criminal proceedings and interdiction

6.—(1) Where criminal proceedings have been instituted or disciplinary proceedings are being instituted against an officer the chief executive officer may, subject to paragraph (2), interdict the officer from duty if he considers that it is in the interests of the Corporation to do so.

(2) The chief executive officer shall not interdict an officer on the ground that criminal proceedings have been instituted against the officer unless proceedings under these Regulations for his dismissal or reduction in rank are being contemplated:

Provided that such proceedings shall not be taken until —

(a)	the criminal proceedings have been determined; or
(b)	if there is an appeal against conviction, the appeal has been withdrawn or deemed to have been withdrawn or disposed of by the Appellate Court.

(3) Where an officer has been interdicted under this regulation the chief executive officer shall immediately report the interdiction to the Establishment Committee which shall within 14 days of such communication either confirm or rescind the interdiction.

Consequences of interdiction, subsequent proceedings and procedure

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

(2) 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.

(3) 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 part of the emoluments withheld during his interdiction.

Criminal conviction

8.—(1) The Establishment Committee may, where an officer has been convicted of a criminal charge, consider the record of the proceedings of the Court and it may, if it is of the opinion that the officer should be dismissed, dismiss the officer accordingly after he has been given a reasonable opportunity of being heard.

(2) The Establishment Committee shall not be obliged to appoint a Committee of Inquiry in the circumstances set out in paragraph (1).

Forfeiture of emoluments

9.—(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 such withheld increment at the discretion of the Establishment Committee.

Resignation

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

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