Section 9: Removal and discipline of staff of the Council

(1) If it appears to the Council that there are reasons for believing that a person employed as a member of staff of the Council other than the Director-General should be removed from office or employment on the ground of misconduct or inability to perform the functions of his office or employment, the Council shall:
(a) give notice of those reasons to the person in question;
(b) afford him an opportunity of making a representation in person on the matter to the Council;
(c) if the person so requests within the period of one month beginning from the date of the notice, the Council may set up a Committee not exceeding 5 members to hear the concerned staff and report back its findings to the Council within two weeks and if the Council is satisfied with findings of the Committee, such report shall be sent to the Council; and
(d) after considering the report of the investigating Committee and is satisfied that the person in question should be removed, shall direct the Management to remove the officer concerned.
(2) For a good cause, a member of staff on Grade Level 01-06 may be suspended from his duties or may have his appointment terminated by the Council and for the purpose of this section, "good cause" means;
(a) conviction for any offence which the Council considers such as to render the person concerned unfit for the discharge of the functions of his office;
(b) Scandalous conduct or such other action of a disgraceful nature which the Council considers to be such as to render the person concerned unfit to continue to hold office; or
(c) conduct which the Council considers to be such as to constitute failure or inability of the person concerned to discharge the functions of his office.
(3) A person suspended shall, subject to subsection (2) of this section, be on 50% payment of salary within the period and the Council shall, before the expiration of period of 3 months after the date of such suspension, consider the case against that person and reach a decision as to whether to:
(a) continue such a person's suspension, and if so on what terms (including the proportion of his emolument to be paid to him);
(b) reinstate such a person in which case the Council shall restore his full emolument to him with effect from the date of his suspension;
(c) terminate the appointment of the person concerned in which case such a person shall not be entitled to the proportion of his emolument withheld during the period of suspension; or
(d) take such lesser disciplinary action against such a person (including the restoration of his emolument that might have been withheld as the Council may determine) and in any case where the Council under this section decides to continue the person's suspension or decides to take further disciplinary action against the person, the Council shall, before the expiration of the period of 3 months of such a decision, come to a final determination of the case.
(4) The Regulations set out under subsection (1) of this section need not be published in the Gazette but the Council shall bring them to the notice of all affected persons.
(5) If a junior staff is accused of misconduct or inefficiency, the Director-General may suspend him for not more than 3 months and shall forthwith direct a Committee to-
(a) consider the case; and
(b) make recommendations as to the appropriate action to be taken by the Director-General.
(6) The Director-General may, after considering the recommendations made under subsection (5) (b) of this section, dismiss or take such other disciplinary action against the officer concerned.
(7) A person aggrieved by the Director-General's decision under subsection (6) of this section may, within a period of 21 days from the date of the letter communicating the decision to him, address a petition to the Council to reconsider his case.