Malaysia legislation
Section 5
Section 5
“Establishment of the Council
The principal Act is amended by inserting after section 3 the following sections:
“Composition of the Council 3a. (1) The Council shall consist of the following members:
(a)
the Director General who shall be the President;
(b)
nine fully registered medical practitioners from the representatives of recognised local universities and university colleges to be nominated from among the members of the faculty by the governing bodies of the respective recognised local universities and university colleges and appointed by the Minister;
(c)
three fully registered medical practitioners from the private sector to be nominated by the Council and appointed by the Minister;
(d)
three fully registered medical practitioners from the public services to be nominated by the Director
General and appointed by the Minister;
(e)
fifteen fully registered medical practitioners resident in Peninsular Malaysia to be elected by the fully registered medical practitioners resident in Peninsular
Malaysia;
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(f)
one fully registered medical practitioner resident in
Sabah to be elected by the fully registered medical practitioners resident in Sabah; and
(g)
one fully registered medical practitioner resident in
Sarawak to be elected by the fully registered medical practitioners resident in Sarawak.
(2)
No person shall be appointed to be a member under paragraph (1)(b), (c) or (d) or elected as a member under paragraph (1)(e), (f) or (g) unless the person is a citizen of Malaysia and holds a current and valid practising certificate.
(3)
No person shall be eligible to elect a member under paragraph (1)(e), (f) or (g) unless the person is a citizen of Malaysia and holds a current and valid practising certificate.
(4)
The election of the members referred to in paragraphs (1)(e),
(f)
and (g) shall be conducted in such manner as may be prescribed.
(5)
No person shall serve as an appointed and elected member at the same time.
(6)
A person may be appointed to be a member under paragraph (1)(b), (c) or (d) or elected under paragraph (1)(e),
(f)
or (g) notwithstanding that he has previously been a member under paragraph (1)(b), (c), (d), (e), (f) or (g).
(7)
For the purpose of this section, “resident” refers to the principal place of practice as stipulated in the medical practitioner’s current and valid practising certificate.
Tenure of office 3b. (1) Subject to such conditions as may be specified in his instrument of appointment, a member of the Council appointed under paragraph 3a(1)(b), (c) or (d) or elected under paragraph 3a(1)(e), (f) or (g) shall, unless he sooner resigns or vacates his office or his appointment is sooner revoked, hold office for a term not exceeding three years.
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Medical (Amendment)
(2)
A member of the Council appointed under paragraph 3a(1)(b), (c) or (d) or elected under paragraph 3a(1)(e), (f)
or (g) shall be eligible for reappointment or reelection.
Revocation of appointment and resignation 3c. (1) The appointment of any member of the Council under paragraph 3a(1)(b), (c) or (d) may, at any time, be revoked by the Minister after consulting the President.
(2)
A member of the Council appointed under paragraph 3a(1)(b), (c) or (d) or elected under paragraph 3a(1)(e), (f)
or (g) may at any time resign his office by a written notice addressed to the President.
Vacation of office and filling of vacancy 3d. (1) The office of a member of the Council shall be vacated if—
(a)
he dies;
(b)
there has been proved against him, or he has been convicted in Malaysia or elsewhere on a charge in respect of—
(i)
an offence involving fraud, dishonesty or moral turpitude; or
(ii)
an offence under any law relating to corruption;
or
(iii)
any other offence punishable with imprisonment
(whether in itself only or in addition to or in lieu of a fine);
(c)
he becomes a bankrupt;
(d)
he is of unsound mind or is otherwise incapable of discharging his duties;
(e)
he absents himself from three consecutive meetings of the Council or if he attends less than fifty percent of meetings in a year without leave of the President;
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(f)
his name has been struck off from the Register or has since been removed from the Register of medical practitioners maintained in any place outside
Malaysia;
(g)
his resignation is accepted by the President;
(h)
he is no longer resident in the constituency that elected him; or
(i)
his appointment is revoked by the Minister.
(2)
Where a member of the Council appointed under paragraph 3a(1)(b), (c) or (d) or elected under paragraph 3a(1)(e),
(f)
or (g) 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 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.
(3)
Notwithstanding subsection (2), the vacancy in the office of any member elected under paragraph 3a(1)(e), (f)
or (g) shall not be filled for the residue of that term where the death, resignation or ceasing to be a member occurs within twelve months before the date on which his term of office would have come to an end by effluxion of time.
(4)
The Council shall not be prevented from performing any of its functions and powers under this Act by any vacancy in its membership.
Power of Minister to appoint members of the Council 3e. (1) If any of the bodies or persons referred to in paragraphs 3a(1)(b), (c), (d), (e), (f) or (g) 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 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 or person.
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Medical (Amendment)
(2)
On the coming into operation of this Act and until such time as the members referred to in paragraph 3a(1)(b),
(c)
, (d), (e), (f) and (g) are nominated or elected, as the case may be, the Minister shall appoint in their place respectively such persons as are qualified to be nominated or elected and the persons so appointed shall be deemed to be members as if they had been duly nominated or elected under paragraphs 3a(1)(b), (c), (d), (e), (f) and (g).
Disqualification from nomination and appointment or election 3f. (1) A fully registered medical practitioner shall not be qualified to be nominated, appointed or elected to be a member under paragraph 3a(1)(b), (c), (d), (e), (f) or (g) if—
(a)
he has been found guilty by a court of any offence involving fraud, dishonesty or moral turpitude, or of any offence punishable with imprisonment (whether in itself only or in addition to or in lieu of a fine);
or
(b)
he is a bankrupt; or
(c)
his name has at any time been struck off from the
Register or has since been removed from the Register of medical practitioners maintained in any place outside Malaysia.
(2)
A fully registered medical practitioner whose name has been suspended from the Register, or who has been reprimanded under section 30 shall not be eligible to be nominated, appointed or elected, as the case may be, under paragraph 3a(1)(b), (c), (d), (e), (f) or (g)—
(a)
in the case of a suspension, for a period of six years after the expiration of such suspension; or
(b)
in the case of a reprimand, for a period of six years from the date of such reprimand.
(3)
If a member who has been nominated and appointed or elected under the Act is disqualified to be nominated and appointed or elected under this Act, he shall be deemed to have vacated his seat.
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Suspension of member of the Council 3g. (1) Where the Council in the exercise of its disciplinary jurisdiction under this Act—
(a)
appoints a committee to conduct a preliminary investigation; or
(b)
holds a disciplinary inquiry, in respect of a fully registered medical practitioner who is a member of the Council, such member shall be suspended as a member of the Council.
(2)
The suspension referred to in subsection (1) shall—
(a)
in the case of a preliminary investigation, take effect from the date of commencement of the investigation;
or
(b)
in the case of a disciplinary inquiry, take effect from the date of institution of the inquiry.
(3)
Where at the conclusion of a preliminary investigation the Council determines that a disciplinary inquiry be held, the period of suspension of a member shall continue until the conclusion of the disciplinary inquiry.
(4)
A member of the Council who has been suspended under subsection (1) shall forthwith be reinstated as 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.
(5)
A member of the Council who is to be reinstated pursuant to subsection (4) shall, if the reinstatement is to take effect before the expiration of his term of office, be reinstated to hold office for the unexpired period of his term of office.”.
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Medical (Amendment)
Substitution of section 4