Malaysia legislation
Section 66
Section 66
(a)
authorize the Majlis Peguam Syarie to take out and maintain takaful in the name of the Badan Peguam
Syarie with any person permitted by law to carry on professional liability takaful business or pecuniary loss takaful business and covering all practicing Peguam
Syarie;
(b)
authorize the Majlis Peguam Syarie to establish and maintain a fund for the purpose of the professional indemnity; or
(c)
require all Peguam Syarie to take out and maintain takaful.
(2)
Without prejudice to the generality of subsection (1), rules made under this section may—
(a)
specify the terms and conditions on which professional indemnity is to be available;
(b)
provide for the management, administration and protection of any fund established under subsection (1) and require all Peguam Syarie to make payments to such fund;
(c)
require all Peguam Syarie to make payments by way of premiums on any takaful taken out under subsection (1)
and provide for proceedings by the Majlis Peguam Syarie or its takaful insurers against any Peguam Syarie who fails to do so for the recovery of the payment of the relevant premiums;
(d)
prescribe the conditions which a takaful has to satisfy for the purpose of paragraph (1)(c);
(e)
authorize the Majlis Peguam Syarie to determine the amount of any payment required by the rules;
Syarie Legal Profession (Federal Territories)
(f)
specify the circumstances in which where a Peguam
Syarie has failed to comply with the rules, proceedings in respect of any sum paid by way of indemnity may be taken against him by the Badan Peguam Syarie or the takaful insurers;
(g)
prescribe that a Peguam Syarie shall not be entitled to obtain a Supporting Acknowledgement unless he is insured as required by the rules for the period to which the Supporting Acknowledgement relates;
(h)
empower the Majlis Peguam Syarie to take such steps as it considers necessary or expedient to ascertain and ensure that the rules are complied with; and
(i)
contain such procedural, incidental or other provisions as may be necessary or expedient for the purposes of the rules.
(3)
Nothing in this section shall affect the right of any Peguam
Syarie, in addition to the indemnity provided in the rules made under this section, to insure himself further against loss arising from such claims as may be instituted against him.
Peguam Syarie shall submit accountant’s report