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Section 40

Disciplinary punishments

of Counsellors Act 1998

ActIn forceProvision 40 of 49
Section 40
(1)

The Disciplinary Committee shall, upon being satisfied that—

(a)

there has been proved against the registered counsellor, or the registered counsellor has been convicted on, a charge in respect of—

(i)

an offence involving fraud, dishonesty or moral turpitude;

(ii)

an offence under any law relating to corruption;

(iii)

an offence under this Act; or

(iv)

any other offence punishable with imprisonment for more than two years in itself only or in addition to or in lieu of a fine;

(b)

if the registered counsellor’s registration has been obtained by fraud or misrepresentation; or

(c)

the registered counsellor has become a bankrupt, order the name of the registered counsellor to be removed from the Register.

(2)

The Disciplinary Committee may, upon being satisfied that—

(a)

the registered counsellor has offered or accepted a commission which in the opinion of the Disciplinary

Committee is an illicit commission; or

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(b)

the registered counsellor has contravened any provision of this Act or any regulations made under this Act, impose any one or any combination of the following disciplinary punishments:

(aa) order the name of the registered counsellor to be removed from the Register;

(bb) order the name of the registered counsellor to be suspended from the Register for a period not exceeding two years;

(cc)

order the imposition of a fine not exceeding five thousand ringgit;

(dd)

order the registered counsellor to be reprimanded.