Malaysia legislation
Section 33
Section 33
(a)
order the name of such registered person to be struck off from the Register;
(b)
order the name of such registered person to be suspended from the Register for such period as it may think fit;
(c)
order the registered person to be reprimanded; or
(d)
make any such order as aforesaid but suspend the application thereof, subject to such conditions as the
Council may think fit, for a period, or periods in the aggregate, not exceeding two years, and may, in any case, make such order as the Council thinks fit with regard to the payment of the costs of the Registrar and of any complainant or of the registered person, and any costs awarded may be recovered as a civil debt.
(2)
Where the name of any registered person is ordered by the
Council to be struck off or suspended from the Register, he shall within five days of the making of such order surrender to the
Registrar his current annual practising certificate including any recent annual practising certificate which he may have obtained from the
Registrar and his certificate of registration:
Provided that where such person or his advocate and solicitor were not present before the Council at the time of the pronouncement of such order, the Registrar shall give notice to such person, in writing, of the order made by the Council and require in such notice that such person shall surrender to him his certificate of registration and his current annual practicing certificate including any recent annual practising certificate which he may have obtained from the Registrar within seven days of the delivery of such notice at his registered address, or at his last known address if that address differs from his registered address and it appears to the Registrar that such service will be more effective.
(3)
Where such registered person fails to surrender his current annual practising certificate including any recent annual practising
Dental 33
certificate which he may have obtained from the Registrar and his certificate of registration within the time provided in subsection (2)
he shall be guilty of an offence against this Act.
(4)
The Registrar shall publish in the Gazette the name of the person removed from the Register or suspended from practice under this section either—
(a)
on the expiry of the period of one month laid down in section 34, if that person does not enter an appeal against the decision of the Council; or
(b)
immediately after the decision of the High Court upholding the decision of the Council if that person enters an appeal against the decision of the Council, as the case may be.
(5)
No person whose name has been removed from the Register under this section shall thereafter be entitled to apply to be registered as a dental practitioner under the provisions of this Act, but the
Council may, if it thinks fit in any case to do so, on the application of the person concerned, order that the name of such person be restored to the Register; and where the name of a person has been suspended from the Register for a limited period only, such person shall be entitled at the expiration of such period, but not earlier, to apply for the certificate of registration and the annual practising certificate (if the period for which it is issued is still unexpired) to be returned to him.
(6)
An application under subsection (5) shall be made in such manner or form and accompanied by such documents, photographs, particulars and fees as may be prescribed.
Appeal against order or decision of the Council