| (1) |
If a person who is or was in the employment of the ARC caused the ARC any loss or damage because he— |
| (a) |
failed to collect money due to the ARC and for the collection of which he is or was responsible; |
| (b) |
is or was responsible for an irregular payment of money of the ARC or for a payment of such money not supported by a proper voucher; |
| (c) |
is or was responsible for fruitless expenditure of money of the ARC owing to failure to carry out his duties; |
| (d) |
is or was responsible for a deficiency in, the destruction of or any damage to the ARC's money, stamps, face value documents and forms having potential value, securities, equipment, stores or any other property of the ARC; and |
| (e) |
is or was responsible for a claim against the ARC owing to failure to carry out his duties, |
the accounting officer shall determine the amount of such loss or damage, and may order that person, by notice in writing, to pay to the ARC, within 30 days from the date of such notice, the whole or any part of the amount so determined.
| (2) |
If a person who is in the employment of the ARC and who has in terms of subsection (1) been ordered to pay an amount, fails to pay the amount within the period stipulated in the notice in question, the amount shall, subject to the provisions of subsections (4), (5) and (6), be deducted from his monthly salary: Provided that such deduction shall not in any month exceed a fourth of his monthly salary. |
| (3) |
If a person who was in the employment of the ARC and who has in terms of subsection (1) been ordered to pay an amount, fails to pay the amount within the period stipulated in the notice in question, the accounting officer shall, subject to the provisions of subsections (4), (5) and (6), recover the amount from the person concerned by legal process. |
| (4) |
If a person who has in terms of subsection (1) been ordered to pay an amount, offers, within the period stipulated in the notice in question, to pay the amount in instalments, the accounting officer may allow payment in such instalments as the accounting officer may consider reasonable. |
| (5) |
A person who has in terms of subsection (1) been ordered to pay an amount may within a period of 30 days from the date of such order appeal in writing against such order to the Council, stating the grounds for his appeal, and the Council may, after such investigation as it may deem necessary, dismiss the appeal, or order that the appellant be exempted, either wholly or partly, as the Council may deem fair and reasonable, from the payment of such amount. |
| (6) |
A person who has in terms of subsection (1) been ordered to pay an amount may, instead of appealing to the Council under subsection (5), apply within a period of 30 days from the date of such order, or within such further period as the court may allow, to a competent court for an order setting aside such first-mentioned order or reducing such amount, and the court may upon such an application, if it is not convinced by the accounting officer on the merits of the case that the order was rightly made or that the amount is correct, make an order setting aside such first-mentioned order or reducing that amount, as the case may be. |
Intellectual Property Rights from Publicly Financed Research and
