Dental Act 1971

A person shall be deemed to practice dentistry within the meaning of the Act who, for the sake of gain or otherwise—

the Director General;

the Director;

(Deleted by Act A982);

(Deleted by Act A982);

six dental surgeons from among the staff of the dental faculties of the higher educational institutions in Malaysia to be appointed by the Minister;

(ea) six dental surgeons to be appointed by the Minister;

six dental surgeons resident in Peninsular Malaysia to be elected by the dental surgeons resident in Peninsular

Malaysia;

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one dental surgeon resident in Sabah to be elected by the dental surgeons resident in Sabah;

one dental surgeon resident in Sarawak to be elected by the dental surgeons resident in Sarawak;

one dentist resident in Peninsular Malaysia to be elected by the dentists resident in Peninsular Malaysia; and

one dentist resident in Sabah or Sarawak to be elected by the dentists resident in Sabah or Sarawak.

No person shall be nominated and appointed to be a member under paragraph (1)(e) or (ea) or elected as a member under any of the paragraphs (1)(f) to (j) unless such person is a citizen and holds a current practising certificate.

No person shall be eligible to elect a member unless such person holds a current practising certificate.

No person may at the same time serve as a member in more than one capacity.

A person may be nominated and appointed to be a member under paragraph (1)(e) or (ea) or elected as a member under any of the paragraphs (1)(f) to (j) thereof notwithstanding that he has previously been a member under any of the paragraph of subsection (1).

The members referred to in paragraph (1)(e) or (ea) shall be nominated and appointed thereunder for a period not exceeding three years.

The members elected under paragraphs (1)(f) to (j) shall hold office for a period not exceeding three years.

Any person who is a member by virtue of paragraphs (1)(e) to

Where any person who is a member by virtue of paragraphs (1)(e)

to (j) dies before completion of his term of office, or resigns, or otherwise ceases to be a member by reason of any provision of this Act, a person shall be nominated and appointed or elected, as the case may be, in his place in accordance with the provisions applying in the case of the person dying or resigning or ceasing to be a member for the residue of the term for which such person might have held office if he had not died or resigned or ceased to be a member:

Provided that on the death or resignation of a member elected under paragraphs (1)(f) to (j) within twelve months before the date on which his term of office would have come to an end by effluxion of time, the vacancy shall not be filled for the residue of that term.

The election of the members referred to in paragraphs (1)(f) to

If any of the bodies referred to in paragraphs (1)(e) to (j) does not, by such date as may be prescribed, nominate or elect, as the case may be, a person to be a member of the Council, the Minister shall appoint in his place as a member a person qualified to be so nominated or elected, as the case may be, and any person so appointed shall be deemed to be a member as if he had been duly nominated or elected, as the case may be, by such body.

(Deleted by Act A982).

A practitioner shall not be qualified to be nominated and appointed or elected to be a member, as the case may be, under paragraphs (1)(e) to (j)—

A practitioner whose name has been suspended from the

Register or who has been reprimanded under section 33 shall not be eligible to be nominated and appointed or elected or appointed, as the case may be, under paragraphs (1)(e) to (j)—

If a member who has been nominated and appointed or elected, as the case may be, under the provisions of any of the paragraphs (1)(e) to (j) ceases, by reason of any provision of this Act, to be qualified to be so nominated and appointed or elected, he shall be deemed to have vacated his seat.

Where the Council in the exercise of its disciplinary jurisdiction under the Act—

The suspension of a member of the Council under subsection (15) shall, where a preliminary investigation is conducted, take effect from the date of commencement of the investigation or, where disciplinary inquiry is held, take effect from the date of institution of the inquiry.

Where a preliminary investigation is conducted and at the conclusion of the preliminary investigation the Council determines

14 Laws of Malaysia ACT 51

that a disciplinary inquiry should be held, the period of suspension of a member shall continue until the conclusion of the disciplinary inquiry.

Any member of the Council who has been suspended under subsection (15) or (16) shall forthwith be reinstated as such member if at the conclusion of the preliminary investigation or the disciplinary inquiry, as the case may be, the Council finds that no case has been made out in respect of the member.

Any member of the Council who is to be reinstated pursuant to subsection (18) shall, if the reinstatement is to take effect before the expiration of his term of office, be reinstated to hold office for the unexpired portion of his term of office.

The Minister may from time to time, after consulting the

Council, amend the First Schedule by order published in the Gazette.

The Director shall be the Registrar.

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The Registrar shall be responsible for the maintenance and custody of the Register in accordance with the provisions of this Act and the regulations thereunder.

The Register shall be kept in two Divisions as follows:

The Register shall be deemed to be a public document within the meaning of the Evidence Act 1950 [Act 56].

The Minister may from time to time, after consulting the

Council, add to, delete from or amend the Second Schedule by order published in the Gazette.

Notwithstanding subsection (1) and subject to the other provisions of this Act and the regulations thereunder, any person who holds a qualification in dentistry (other than the qualifications specified in the Second Schedule to this Act) deemed suitable for

Dental 17

registration by the Minister after consulting the Council (hereinafter referred to as an “approved qualification”), shall be entitled to be registered as a dental surgeon under this Act if he has obtained experience in the practice of dentistry by engaging in employment in the practice of dentistry to the satisfaction of the Director General for a period of not less than two years in such capacity in such one or more of the public services as may, from time to time, be determined by the Director General in his discretion, and has been granted a certificate by the Director General as evidence thereof.

No person shall be eligible to engage in the employment mentioned in subsection (3) if—

The Director General may, if he is satisfied that a person holding an approved qualification has had experience in the practice of dentistry which is not less both in scope and in length of time than the experience mentioned in subsection (3), exempt such person from the requirements as to experience mentioned in subsection (3).

A person who holds an approved qualification shall be deemed to be registered under this Act so far as is necessary—

A person who is employed under subsection (3) shall, during the period of the said employment, be deemed to be a public servant within the meaning of the Penal Code.

The Registrar shall publish annually in the Gazette as soon as may be after the first day of January of each year, a list of all persons employed in the practice of dentistry under subsection (3), with their qualifications and the dates on which they commenced such employment; and the publication of such list shall be prima facie evidence of the particulars contained therein.

Notwithstanding anything to the contrary contained in this Act any person may be registered as a dental surgeon under this Act subject to such restrictions and conditions as may be stipulated by the

Minister, provided that the person seeking registration under this section possesses a qualification in dentistry with respect to which the

Minister, after consulting the Council, is satisfied that it is adequate.

immediately before the coming into force of this Act he was registered—

as a dentist in division two of the register maintained under the Registration of Dentists

Ordinance 1948

of

Peninsular

Malaysia

[F.M. 7 of 1948]; or

Dental 19

he was actually engaged, as his sole means of livelihood, in the practice of dentistry in the State of Sabah for a continuous period of three years immediately prior to the coming into force of this Act, and satisfies the Council that he is practising dentistry under conditions not detrimental to public health, that he has an adequate knowledge of the practice of dentistry, and that he is a fit and proper person to practise dentistry.

Every person applying for registration under subsection (1)

shall make his application for registration within six months of the coming into force of this Act, and shall furnish evidence of good character to the satisfaction of the Council.

The holder of such temporary practising certificate shall, while the certificate remains in force and subject to the restrictions and conditions specified in the certificate, be deemed to be a registered dental surgeon.

The Council may at any time cancel any temporary practising certificate granted under this section and the certificate shall thereupon lapse.

20 Laws of Malaysia ACT 51

Every person registered under this Act who obtains any dental qualification other than the qualification by virtue of which he was registered may apply to the Council to amend the Register so far as it relates to the qualifications of that person, and on any such application the Council shall, if satisfied that the applicant is entitled to the qualification in respect of which the application is made and that such qualification is of sufficient standing to warrant its being entered in the Register, cause the Register to be amended accordingly by the insertion therein of the particulars of such qualification.

The Council shall have power to decide what higher degrees and additional qualifications shall be admitted to be entered in the

Register.

Applications for such registration shall be made in such manner or form and shall be accompanied by such documents, photographs, particulars and fees as the Council may prescribe, and proof of identity satisfactory to the Registrar shall also be furnished.

at any time been found guilty of an offence involving fraud, dishonesty or moral turpitude or an offence punishable with imprisonment (whether in itself only or in addition to or in lieu of a fine) for a term of two years or upward;

after due inquiry by the Council, been found by it to have been guilty of infamous conduct in any professional respect or to be otherwise not of good fame and character;

or

after due inquiry by a medical review panel, which shall consist of two medical practitioners and one dental surgeon appointed by the Council, been found to be unfit to perform his professional duties by reason of his mental or physical condition, the Council may direct the Registrar not to enter the name of such person upon the Register.

The Registrar shall forthwith give the person concerned notice in writing of such direction by the Council not to enter such persons’s name upon the Register.

Upon any inquiry under paragraph (1)(b), the applicant shall be entitled to appear before the Council and be heard personally or by advocate and solicitor.

In the case of a person registered under section 13 there shall be affixed to such certificate of registration a photograph of the registered person.

22 Laws of Malaysia ACT 51

Upon such application and payment, the Council, if satisfied that the premises at, and the conditions under which the applicant practises dentistry are suitable for such practice, shall cause the

Registrar to issue a certificate (to be styled “annual practising certificate”) authorizing the applicant to practise as a dental practitioner during the year for which the certificate is issued.

Subject to the provisions of this Act, the annual practicing certificate shall be in force until the thirty-first day of December of the year in respect of which it is issued.

Any registered person who fails to apply for an annual practising certificate in the manner and within the period laid down in subsection (1), may, on making an application in such form and on payment of such additional fee as may be prescribed, be granted an annual practising certificate for the ensuing year, if the application is made during the month of December of any year, or for the remainder of the year, if the application is made on or after the first day of

January of any year.

Notwithstanding the foregoing provisions of this section, where a registered person applies for an annual practicing certificate for the first time after obtaining registration under section 12 or section 13, the application shall be in the prescribed form and may be made at any time during the year, and the applicant shall, upon payment of the prescribed fee, be granted an annual practising certificate for the remainder of the year in which the application is made.

Dental 23

An annual practising certificate and an application therefor shall specify the address of the principal place of practice and all other places of practice of the applicant, and any change in any such address shall be notified by the practitioner to the Registrar and an endorsement of such change on the annual practising certificate obtained from the Registrar within thirty days of such change.

Whenever it appears to the satisfaction of the Council that a registered dental practitioner is practising dentistry in such premises or under such conditions as are deemed by the Council to be unsuitable for such practice, the Council may direct that the annual practising certificate of such practitioner be cancelled, and such certificate shall thereupon cease to be in force and no further annual practising certificate shall be issued to such practitioner thereafter either for the remainder of the year or for any other year except as provided in subsection (8).

If any person whose annual practising certificate has been cancelled under subsection (7) makes application in such manner as may be prescribed and pays such fee as may be prescribed, the

Council may, after due consideration of the circumstances of the case, direct that an annual practising certificate be issued to such person.

A registered dental practitioner who practises dentistry and who—

The publication of such list shall be prima facie evidence of the particulars contained therein.

The absence of the name of any person from such list shall be prima facie evidence that such person has not been issued with an annual practising certificate and is not authorized to practise as a registered person.

A certificate under the hand of the Registrar of the particulars appearing in the Register in respect of any person shall be conclusive evidence of such particulars.

the Registrar is satisfied that any person who is registered under this Act is admitted to or confined in a mental hospital under the provisions of any law; or

any person who is registered under this Act has been certified by a medical review panel, which shall consist of two medical practitioners and one dental surgeon appointed by the Council, to be unfit to perform his professional duties by reason of his mental or physical condition, he shall thereupon cease to be so registered, and an endorsement shall accordingly be made against his name in the Register.

Any person who has ceased to be registered under this Act by virtue of subsection (1) shall not again be registered unless he satisfies the Council that his mental or physical condition, as the case may be, warrants such registration.

any alteration which may come to his knowledge in the name or address of any person registered under this Act;

such alterations in the qualifications, additional qualifications and other particulars as under this Act are required to be altered.

The Registrar shall, from time to time, strike off from the

Register the name of such person as under this Act is required to be struck off.

Subject to section 14, no person shall be entitled to recover in any court any such charges as are referred to in subsection (1) unless at the date when such charges accrued he was a registered dental practitioner and had an annual practising certificate in force:

Provided that this subsection shall not apply to any person who is a fully registered medical practitioner under any written law relating to the registration of medical practitioners.

it carries on no business other than dentistry or some business ancilliary to the business of dentistry; and

all the directors and the operating staff thereof are registered dental practitioners.

Save as aforesaid it shall not be lawful for any body corporate to carry on the business of dentistry, and if any body corporate carries on the business of dentistry in contravention of this section every director and manager thereof shall, unless he proves that the offence was committed without his knowledge, be guilty of an offence under this Act.

Every body corporate carrying on the business of dentistry shall, in every year at such time as is prescribed, transmit to the

Registrar a statement in the prescribed form containing the addresses of premises and the names and addresses of all persons who are directors or managers of the body corporate, or who perform dental operations in connection with the business of the body corporate, and if any such body corporate fails so to do, it shall be deemed to be carrying on the business of dentistry in contravention of this section.

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Nothing in this section shall prevent the doing of any act or acts falling within the meaning of the practice of dentistry by the operating staff of any hospital of any description (including an institution for out-patients only or a dispensary or a clinic), or of any dental school, which is approved for the purpose of this section by the Council.

This section shall not apply to the case of—

Where a registered dental practitioner carries on the practice of dentistry as aforesaid at two or more addresses, he shall cause his original certificate of registration and his original current annual practising certificate to be displayed as aforesaid in the premises at his principal place of practice and a certified copy of each of the said certificates in the premises at every other place of practice, such certified copies having been obtained by him for the purpose from the

Registrar upon application in writing to the Registrar in the prescribed manner and payment of the prescribed fee therefor.

Where a registered dental practitioner contravenes or fails to comply with subsection (1) or (2) he shall be guilty of an offence against this Act.

Any person who displays, or permits to be displayed in any premises, a certificate of registration or an annual practicing certificate or a certified copy of either of these bearing his name or photograph at any time when his name does not appear on the

Register or he does not hold a valid annual practising certificate, as the case may be, shall be guilty of an offence against this Act.

Practitioner operating multiple practices to furnish particulars of the practitioners at each place of practice

the Director General;

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the Director;

the officer responsible for the administration of the

Medical and Health Services in any State; or

such other public health authority as the Minister may approve for the purpose of this section, to appoint inspectors for the purpose of this Act and to give such inspectors authority, in writing—

to enter and inspect any premises at any time which are used or proposed to be used or in respect of which there is reasonable cause to believe that they are being used for the practice of dentistry; and

An inspector so appointed shall show the written authority given under subsection (1) if so requested by any person, in the course of entering or inspecting any premises.

The reports made by an inspector under subsection (1) shall be in the prescribed form and it shall be the duty of the respective authority who appointed the inspector to submit such reports to the

Council not later than thirty days after the date of the inspection.

Except with the specific authority in writing by the President no inspection under this Act shall be carried out in the premises of any dental surgeon.

The premises used for dentistry by a registered dentist shall be inspected at least once a year and no annual practicing certificate shall be issued to a registered dentist unless a report in the prescribed form has been received by the Registrar, during the preceding twelve months, to the effect that the premises and conditions of practice of that registered dentist are satisfactory.

Dental 31

Any person who wilfully obstructs a duly authorized inspecting official in the entry and inspection of premises shall be guilty of an offence against this Act.

The Council may exercise disciplinary jurisdiction over any registered person who—

order the name of such registered person to be struck off from the Register;

order the name of such registered person to be suspended from the Register for such period as it may think fit;

order the registered person to be reprimanded; or

make any such order as aforesaid but suspend the application thereof, subject to such conditions as the

Council may think fit, for a period, or periods in the aggregate, not exceeding two years, and may, in any case, make such order as the Council thinks fit with regard to the payment of the costs of the Registrar and of any complainant or of the registered person, and any costs awarded may be recovered as a civil debt.

Where the name of any registered person is ordered by the

Council to be struck off or suspended from the Register, he shall within five days of the making of such order surrender to the

Registrar his current annual practising certificate including any recent annual practising certificate which he may have obtained from the

Registrar and his certificate of registration:

Provided that where such person or his advocate and solicitor were not present before the Council at the time of the pronouncement of such order, the Registrar shall give notice to such person, in writing, of the order made by the Council and require in such notice that such person shall surrender to him his certificate of registration and his current annual practicing certificate including any recent annual practising certificate which he may have obtained from the Registrar within seven days of the delivery of such notice at his registered address, or at his last known address if that address differs from his registered address and it appears to the Registrar that such service will be more effective.

Where such registered person fails to surrender his current annual practising certificate including any recent annual practising

Dental 33

certificate which he may have obtained from the Registrar and his certificate of registration within the time provided in subsection (2)

he shall be guilty of an offence against this Act.

The Registrar shall publish in the Gazette the name of the person removed from the Register or suspended from practice under this section either—

No person whose name has been removed from the Register under this section shall thereafter be entitled to apply to be registered as a dental practitioner under the provisions of this Act, but the

Council may, if it thinks fit in any case to do so, on the application of the person concerned, order that the name of such person be restored to the Register; and where the name of a person has been suspended from the Register for a limited period only, such person shall be entitled at the expiration of such period, but not earlier, to apply for the certificate of registration and the annual practising certificate (if the period for which it is issued is still unexpired) to be returned to him.

An application under subsection (5) shall be made in such manner or form and accompanied by such documents, photographs, particulars and fees as may be prescribed.

The decision of the High Court upon such appeal shall be final.

The practice in relation to any such appeal shall be subject to the rules of court applicable in the High Court:

Provided that the High Court shall not have power to hear any appeal against an order made under section 33 unless notice of such appeal is given within one month from the date of the making of the order or where the proviso to subsection 33(2) is applicable within one month of the service of the order as described in that proviso.

Any person aggrieved by the refusal of the Council to issue to such person an annual practising certificate or by the cancellation of his annual practising certificate may appeal to the Minister whose decision shall be final, and no action or proceeding shall be maintainable in any court of law in respect of such refusal or cancellation.

wilfully and falsely pretends to be registered under this

Act or to be qualified to practise dentistry;

wilfully and falsely takes or uses the name or title of dentist, dental surgeon, qualified dentist, doctor of dental surgery, professor of dentistry, surgeon dentist;

wilfully and falsely takes or uses any name, title, addition or description implying that he is registered under this

Act, or that he is recognized by law as a dentist or dental surgeon or that he is qualified to heal or treat dental disorders or derangements whether by dentistry or any other means of any kind or description whatsoever;

wilfully and falsely takes or uses any name, title, addition or description, or uses any instrument, calculated to induce any person to believe that he is qualified to practise dentistry;

practises dentistry;

uses the term “dental clinic” or “dental dispensary” or

“dental hospital” or the equivalent of any of these terms in any other language in the signboard over his place of practice in purported practice of dentistry as a person registered under this Act; or

uses a symbol designed by the Council for the use of registered dental practitioners only,

36 Laws of Malaysia ACT 51

shall be guilty of an offence against this Act.

For the purposes of subsection (1)—

Any person who acts in contravention of this section shall be guilty of an offence against this Act.

Any registered dental practitioner who by his presence, countenance, advice, assistance, or cooperation has knowingly enabled an unregistered person, whether described as an assistant or otherwise, to practise dentistry, shall be guilty of an offence against this Act.

Any registered dental practitioner who practises dentistry in premises in which an unregistered person practises dentistry to the knowledge of the registered dental practitioner shall be guilty of an offence against this Act.

Nothing in this section shall operate to prevent the carrying out of procedures, falling within the meaning of practice of dentistry, by any person in the public service employed for that purpose where such procedures are carried out in the course of that person’s employment and under the supervision of a dental surgeon in the public service.

38 Laws of Malaysia ACT 51

Penalty for registered dentists falsely describing vocation

the President or an officer appointed by him or by the

Council in that behalf in writing;

the officer responsible for the administration of the medical and health services in a State or an officer appointed by him in that behalf in writing; or

the public health authority referred to in paragraph 31(1)(d)

or an officer nominated by such authority in that behalf in writing.

In the case of an offence against section 37, any police officer may arrest without warrant any person who, not being a dental surgeon or a registered dentist, is practising or is believed to be practising dentistry in any street or public place.

Dental 39

Nothing in this Act shall operate to prevent the training of dental nurses in the practice of dentistry under the supervision of a registered dental surgeon in any hospital, clinic, or dental school approved for the purpose by the Minister.

Notwithstanding anything to the contrary contained in this Act, it shall be lawful for any person who is pursuing a course of study in dentistry or dental surgery in any University or University College established in accordance with the Universities and University

Colleges Act 1971 [Act 30], to carry out, in pursuance of such course of study, any dental investigation, dental examination or dental treatment of patients in any hospital, clinic, health centre, or other institution which is approved by the Minister for the purposes of this section by notification in the Gazette, provided such investigation, examination or treatment is carried out by such person under the control and supervision of a registered dental surgeon who holds a current and valid annual practising certificate.

The hospital, clinic, health centre, or other institution approved by the Minister under subsection (3), or the owner thereof, shall not be liable for any injury, loss or damage of a civil nature occasioned to any patient or other person solely in consequence of any investigation, examination or treatment of a patient under subsection

by a person pursuing a course of study in dentistry or dental surgery in a University or University College established in accordance with the Universities and University Colleges Act 1971, provided that nothing in this subsection shall be construed as conferring on the person pursuing such course of study, or on the

University or University College in which he is pursuing such course of study or on any officer or employee of such University or

University College, any immunity from any liability for such injury, loss or damage.

40 Laws of Malaysia ACT 51

in respect of a first offence to a fine not exceeding ten thousand ringgit; and

in respect of the second or subsequent offences to a fine not exceeding twenty thousand ringgit or imprisonment for a term not exceeding three years or to both.

In the case of a continuing offence such person shall be liable to a further penalty of fifty ringgit for each day during the continuance of such offence in addition to the respective penalty under paragraphs (1)(a) and (b).

In particular and without prejudice to the generality of the foregoing powers, such regulations may prescribe—

registered under the

Registration of

Dentists

Ordinance 1948 of Peninsular Malaysia;

registered under the Dentists Registration Ordinance of

Sarawak; or

employed in Sabah by the Government of Malaysia or the

Government of the State of Sabah as a Dental Officer, and held one or more of the qualifications specified in the Second

Schedule shall on the coming into force of this Act be deemed to be a registered dental surgeon under the provisions of this Act and shall be

Dental 43

deemed to have an annual practising certificate in respect of the remainder of the year in which this Act comes into force, except that in the case of a person to whom paragraph (a) or (b) applies he shall be deemed to have such certificate only if there was in force in respect of him immediately before the coming into force of this Act an annual practicing certificate issued under the Registration of

Dentists Ordinance 1948 of Peninsular Malaysia or the Dentists

Registration Ordinance of Sarawak, as the case may be, or if he was exempted from obtaining an annual practicing certificate by virtue of the provisions of the respective one of the said Ordinances applicable in his case:

Provided that in the case of a dental practitioner who immediately before the coming into force of this Act was exempted from registration by virtue of paragraph 24(a) of the Dentists Registration

Ordinance of Sarawak, he shall be entitled upon application to the

Registrar to be registered as a dental surgeon under this Act subject to such terms and conditions as the Council may direct.

Every person who immediately before the coming into force of this Act was undergoing employment under subsection 5A(1) of the

Registration of Dentists Ordinance 1948 of Peninsular Malaysia shall be deemed to be undergoing such employment under subsection 12(3) of this Act; and any period of employment undergone by any person under the said subsection 5A(1) shall be deemed to have been undergone under the said subsection 12(3).

Every person who immediately before the coming into force of this Act was registered under section 5B of the Registration of

Dentists Ordinance 1948 of Peninsular Malaysia shall be deemed to be registered under subsection 12(9) of this Act subject to the restrictions and conditions stipulated under the said section 5B.

Repeal

This Part shall cease to be in force if Parliament, by resolution passed by each of the Houses of Parliament and published in the

Gazzette, provides that this Part shall no longer continue to remain in force.

A person served with a notice under subsection (1) shall comply with such notice and if he fails to do so he shall be guilty of an offence under this Act.

Immediately upon a charge under subsection (2) or under section 48 being proved in court against any person, the registration of such person under section 12 shall be deemed to be revoked, and the Registrar shall strike off from the Register the name of such person.

Where the name of a person is struck off from the Register under subsection (3), it shall not be restored on the Register except upon a direction by the Minister, and the Minister may give such

Dental 45

direction upon an application in writing being made to him by the person whose name has been struck off from the Register.

Any direction given by the Minister under subsection (4) in respect of any person may be made subject to the fulfilment of such terms and conditions as the Minister may deem fit to impose, and such terms and conditions may include terms and conditions requiring such person to serve as a dental officer to the satisfaction of the Director General for a continuous total period of not less than three years in such post in such one or more of the public services as may from time to time be determined by the Director General in his discretion.

While the person whose name is restored under subsection (4)

is fulfilling the terms and conditions imposed under subsection (5) he shall be deemed to be registered so far as is necessary to fulfil the terms and conditions imposed under subsection (5) and for such other purposes as the Minister may direct, but not further; and upon fulfilment of the terms and conditions imposed under subsection (5)

he shall be entitled to a certificate issued by the Director General as evidence of such fulfilment.

The decision of the Minister upon an application made to him under subsection (4) for the restoration of a name on the Register shall be final and shall not be questioned or reviewed in any court.

Where a notice under subsection (1) has been served on any person liable to be served therewith, the Director General may at any time cancel the notice and, if he thinks fit, cause to be served on him a further notice under subsection (1).

in respect of any particular person;

generally in respect of any class of persons during such period as he may specify;

generally in respect of all persons during such period as he may specify, grant such reduction as he may consider appropriate or complete exemption from the period of service required under section 48.

The Minister may, upon application being made to him in writing by any person liable to undergo the period of service required under section 48, grant to such person postponement from commencing such service for such period as he may consider appropriate if he is satisfied that it would be just and reasonable to do so.

The decision of the Minister upon an application made to him under subsection (2) shall be final and shall not be questioned or reviewed in any court.

The President, if present, shall be the Chairman at meetings of the Council:

Provided that if the President shall be absent from any meeting of the Council the members present at such meeting shall elect one of themselves to act as chairman at that meeting.

Where not less than five members submit to the President a written request to convene a meeting of the Council, the President shall convene such meeting within one month of the receipt of such request.

The quorum for a meeting of the Council shall be seven and the decision of the Council shall be by a simple majority of the members present and voting.

When any vacancy occurs amongst the members, the Council shall, as soon as practicable, take the necessary action to fill such vacancy.

The Chairman at any meeting shall have an original vote and also, if upon any question the votes shall be equally divided, a casting vote.

Members of the Council who are not public officers shall be paid such fees for attending meetings of the Council or of any committee appointed by the

Council and such reasonable travelling expenses and subsistence allowances for such attendance and for journeys undertaken in the discharge of their duties under this Act as may from time to time be approved by the Minister.

Subject to the provisions of this Act, the Council may make standing orders regulating its own procedure generally, and, in particular, regarding the holding of meetings, the notice to be given of such meetings, the proceedings thereat, the keeping of minutes and the custody, production and inspection of such minutes.

48 Laws of Malaysia ACT 51

The quorum of any such committee shall be three, unless otherwise determined by the Council.