Malaysia legislation
Section 7
Section 7
“Functions of the Council
The principal Act is amended by inserting after section 4 the following sections:
“Powers of the Council 4a. (1) The Council shall have the power to do all things expedient or reasonably necessary for or incidental to the carrying out of its functions under this Act.
(2)
Without prejudice to the generality of subsection (1), the powers of the Council shall include power to—
(a)
ensure that the provisions of this Act and the regulations are administered, enforced, given effect to, carried out and complied with;
(b)
regulate the standards of practice of registered medical practitioners;
(c)
regulate the professional conduct and ethics of registered medical practitioners;
(d)
approve or refuse any application for registration or certification in accordance with this Act or regulations;
(e)
determine any fees or fines payable;
(f)
issue certificates;
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(g)
borrow or raise money from time to time by bank overdraft or otherwise for any of the purposes specified in this section; and
(h)
recognise and accredit medical qualifications based upon the recommendation of the Joint Technical Committee establish under Malaysian Qualifications Agency
Act 2007 [Act 679] for the purpose of registration.
Appointment of employees of the Council 4b. (1) The Council may appoint or employ such number of employees as the Council may thinks necessary, who shall be paid such remuneration, allowances and benefits, and whose appointment or employment shall be on such terms and conditions as the Council considers appropriate for carrying out the purpose of this Act.
(2)
No person shall be eligible for appointment or employment as an employee of the Council if he has, directly or indirectly, by himself or through his partner any share or interest in any contract or proposed contract with, for or on behalf of the Council.
Chief Executive Officer 4c. (1) The President shall, after consultation with the
Council, appoint a Chief Executive Officer.
(2)
The Council shall vest in the Chief Executive Officer such powers and impose upon him such duties as may be determined by the Council.
(3)
The Chief Executive Officer shall be the Secretary to the Council and be responsible for—
(a)
the overall administration and management of the functions and the day-to-day affairs of the
Council;
(b)
carrying out the decisions and directions of the
Council;
(c)
managing the functions, programmes, employees and other resources of the Council; and
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Medical (Amendment)
(d)
preparing strategic plans and budgets for the consideration of the Council.
(4)
The Chief Executive Officer shall have general control of the employees of the Council.
(5)
In carrying out his duties under this section, the Chief
Executive Officer shall act under the general authority and direction of the Council.
(6)
The President may, after consultation with the Council, appoint any officer of the Council to carry out the duties of the Chief Executive Officer—
(a)
if for any period the Chief Executive Officer is unable, by reason of illness, leave of absence or any other reason, to carry out his duties; or
(b)
during any period of vacancy in the office of the
Chief Executive Officer.
Common seal 4d. (1) The common seal of the Council shall bear a device as approved by the Council and the seal may from time to time be broken, changed, altered and made anew as the
Council thinks fit.
(2)
The common seal shall be kept in custody of the Chief
Executive Officer or such other person as may be authorised by the Council and shall be authenticated by either the Chief
Executive Officer or such person as may be authorised by the Council in writing.
(3)
All deeds, documents and other instruments purporting to be sealed with the common seal and duly authenticated shall, until the contrary is proven, be deemed to have been validly executed.
(4)
Any deed, document and other instrument which, if executed by a person not being a body corporate, is not required to be under seal may in like manner be executed by the Council or an employee of the Council authorised in that behalf.
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(5)
The common seal of the Council shall be officially and judicially noticed.
Committees of the Council 4e. (1) The Council may establish any committee as it considers necessary or expedient to assist it in the performance of its functions.
(2)
The Council may elect any of its members to be the chairman of a committee.
(3)
The Council may appoint any person to be a member of a committee.
(4)
The quorum of any such committee shall be three, unless otherwise determined by the Council.
(5)
A member of a committee shall hold office for such term as may be specified in his letter of appointment and is eligible for reappointment.
(6)
The Council may revoke the appointment of any member of a committee without assigning any reason for the revocation.
(7)
A member of a committee may, at any time, resign by giving notice in writing to the President of the Council.
(8)
The Council may, at any time, discontinue or alter the constitution of a committee.
(9)
A committee shall be subject to, and act in accordance with, any direction given to it by the Council.
(10)
The meetings of a committee shall be held at such times and places as the chairman of the committee may determine.
(11)
A committee shall cause—
(a)
minutes of all its meetings to be maintained and kept in proper form; and
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(b)
copies of the minutes of all its meetings to be submitted to the Council as soon as practicable.
(12)
A committee may invite any person to attend any of its meetings for the purpose of advising it on any matter under discussion but that person shall not be entitled to vote at the meeting.
(13)
Members of a committee and any person invited under subsection (12) shall be paid such allowances and other expenses as the Council may determine after consultation with the Minister.
Delegation of Council’s functions and powers 4f. (1) The Council may, in writing, delegate any of its functions and powers, except its power to make subsidiary legislation, to—
(a)
the Chairman;
(b)
a member of the Council; or
(c)
a committee.
(2)
Any person delegated with such function and power shall be bound to observe and have regard to all conditions and restrictions imposed by the Council and all requirements, procedures and matters specified by the Council.
(3)
Any function and power delegated under this section shall be performed and exercised in the name and on behalf of the Council.
(4)
The delegation under this section shall not preclude the Council itself from performing or exercising at any time any of the delegated functions and powers.
Disclosure of interest 4g. A member of the Council or any committee established under section 4e who has or acquires a direct or indirect interest whether by himself, a member of his family or
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his associate in relation to any matter under discussion by the Council or committee shall disclose to the Council or committee, as the case may be, the fact of his interest and the nature of that interest.
The Malaysian Medical Council Fund 4h. (1) A fund to be known as the “Malaysian Medical
Council Fund” to be controlled and administered by the
Council is established.
(2)
The Fund shall consist of—
(a)
such sums as may be provided by the Government for the purposes of this Act from time to time;
(b)
all fees and charges imposed by or payable to the
Council in accordance with this Act;
(c)
all moneys earned from services provided by the
Council in accordance with this Act;
(d)
all moneys derived as income from investments by the Council;
(e)
all moneys derived from the sale, disposal, lease or hire of, or any other dealing with, any property, mortgages, charges or debentures vested in or acquired by the Council;
(f)
all other moneys and property which may in any manner become payable to or vested in the Council in respect of any matter incidental to its functions and powers; and
(g)
all other moneys lawfully received by the Council under this Act, including interest.
Expenditure to be charged on the Fund 4i.
The Fund shall be expended for the following purposes:
(a)
paying any expenditure lawfully incurred by the
Council;
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(b)
paying for the remuneration, allowances and other expenses of the members of the Council, members of committees and employees of the Council;
(c)
paying any expenses, costs or expenditure in relation to the procurement of goods and services, including the engagement of consultants, legal fees and costs and other fees and costs, lawfully incurred or accepted by the Council in the performance of its functions and the exercise of its powers under this Act; and
(d)
generally, paying any other expenses for carrying into effect the provisions of this Act.
Conservation of the Fund 4j. It shall be the duty of the Council to conserve the Fund by so performing its functions and exercising its powers under this Act to secure that the total revenue of the Council are sufficient to meet all sums properly chargeable to its revenue account, including depreciation and interest on capital, taking one year with another.”.
Amendment of section 9