Legal Profession Act 1976 · Updated to 1 Aug 2018 · Part V · Malaysian Bar
71. Severance of combined Bar
Feedback & supportWhere the number of members in each of the States forming a combined Bar exceeds ten, the members of the Bar of a State may, at any general meeting called for the purpose, pass by a majority of the members present and voting a resolution that such combined Bar be severed.
combined Bar
“combined Bar” means a State Bar which combines all the members in any two or more States and recognized as such under section 69. (2) For the purposes of this Part, a member of the State Bar is deemed to be practising in a State if he ordinarily practises in that State. Legal Profession 77 The opinion of the State Bar Committee shall be prima facie evidence that the member ordinarily practises in the State. (3) A member may ordinarily practise in more than one State and all members practising in the Federal Territory shall be deemed to be members of the Selangor State Bar. (4) Members practising in the Federal Territory of Kuala Lumpur shall be entitled to establish a separate bar for the Federal Territory of Kuala Lumpur to be known as the Kuala Lumpur Bar. The decision to have a separate bar shall be made by a majority vote of the members present at a general meeting called for this purpose. (5) At the time of establishment of the Kuala Lumpur Bar any member who had paid the annual subscription for that calendar year to the Selangor State Bar Committee shall not be required to pay a second annual subscription for the same year to the Kuala Lumpur Bar Committee. (6) The assets of the Selangor State Bar, which is commonly known as the Selangor and Federal Territory Bar, shall, upon establishment of the Kuala Lumpur Bar, be apportioned between the Selangor State Bar and the Kuala Lumpur Bar in the proportions that their respective memberships bear to the membership of the former combined Bar. Combination of members as State Bar
One month after the passing of such resolution, the combined
Bar shall be severed, and the members in each of the States forming the combined Bar shall thereafter form a separate State Bar.
Bar
“Malaysian Bar” and “Bar” means the body corporate established under section 41;
The chairman of the meeting referred to in subsection (1) shall report the passing of any resolution to the Registrar and to the Bar
Registrar
“Registrar” means the Registrar of the High Court and includes a Deputy Registrar, Senior Assistant Registrar and an Assistant Registrar;
Council.
Council
“Bar Council” and “Council” mean the central council of the Malaysian Bar established under section 47;
Where the number of members in one of the States forming a combined Bar does not exceed ten, the members of the Bar of that State
82 Laws of Malaysia ACT 166
may sever themselves from the members of the Bar of the other State if—
the number of members in the other State exceeds ten; and
the members of the Bar of the first-mentioned State have found another State the members of whose Bar have expressed their willingness by a vote of a simple majority of their members at a general meeting to combine with the members of the Bar of the first-mentioned State.
(Deleted by Act A567).
Subsections (2) and (3) shall apply mutatis mutandis to a severance of a combined Bar effected pursuant to subsection (4).
Where severance takes place pursuant to this section, the assets of the former combined Bar shall be apportioned as provided in subsection (6) of section 68 mutatis mutandis.