Constitutional Matters III - Constitution (Financial Procedure) Order · Revised Edition · Part 3
16. Surcharge
Official textFrom Attorney General's Chambers, unchanged
If, it appears to the Minister that any person who is or was in the employment of the Government of Brunei Darussalam —
has failed to collect any moneys owing to the Government for the collection of which he is or was responsible;
is or was responsible for any improper payment of public moneys or for any payment of such moneys which is not duly vouched;
public moneys
“public moneys” means all revenue, loan, trust and other moneys and all bonds, debentures and other securities whatsoever raised or received by or on account of Brunei Darussalam, including cession moneys known as tulin and kuripan paid by the Governments of Constitution (Financial Procedure) Order 8 Sarawak and North Borneo to Brunei Darussalam, but does not include Zakat, Fitrah or similar Muslim revenues and funds;
is or was responsible for any deficiency in, or for the destruction of, any public moneys, stamps, securities, stores or other property of the Government; or
is or was responsible for Government procurement has not complied with the provisions provided in the Financial Regulations,
2022, and if a satisfactory explanation is not furnished, within a period as may be specified by the Minister or any officer authorised by the Minister in writing in that behalf, to the Minister or such authorised officer —
with regard to such failure to collect, improper payment, payment not duly vouched, or deficiency or destruction, the Minister or any officer authorised by the Minister in writing in that behalf may, surcharge against that person a sum not exceeding the amount of
Constitution (Financial Procedure)
Order 18
CONST. III any such amount not collected, payment, a deficiency, or loss of the value of the property destroyed, as the case may be; and
with regard to the failure to comply with the provisions of the Financial Regulations, 2022, the Minister or any officer authorised by the Minister in writing in that behalf may surcharge against such person, such sum as the Minister or any officer authorised by the Minister in writing in that behalf may think fit.
Terms defined in art 2
public moneys
Defined · art 2“public moneys” means all revenue, loan, trust and other moneys and all bonds, debentures and other securities whatsoever raised or received by or on account of Brunei Darussalam, including cession moneys known as tulin and kuripan paid by the Governments of Constitution (Financial Procedure) Order 8 Sarawak and North Borneo to Brunei Darussalam, but does not include Zakat, Fitrah or similar Muslim revenues and funds;