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Section 34

Appeal against order or decision of the Council

of Dental Act 1971

ActIn forceProvision 34 of 50
Section 34
(1)

Any person who is aggrieved by any order made in respect of him by the Council in the exercise of its disciplinary jurisdiction or

34 Laws of Malaysia ACT 51

by any decision of the Council in proceedings relating to him under subsection 12(4) or subsection 17(1) or subsection 33(1) or by the removal of his name from the Register under any of the provisions of this Act other than Part VII or by any refusal or failure of the Council to register or re-enter his name in the Register (except where such removal, refusal or failure is in consequence of such person’s failure to obtain a practising certificate or the cancellation of such certificate) may appeal to the High Court, and the High Court may thereupon affirm, reverse or vary the order or decision appealed against or may give such direction in the matter as it thinks proper;

the costs of the appeal shall be in the discretion of the High Court.

(2)

The decision of the High Court upon such appeal shall be final.

(3)

The practice in relation to any such appeal shall be subject to the rules of court applicable in the High Court:

Provided that the High Court shall not have power to hear any appeal against an order made under section 33 unless notice of such appeal is given within one month from the date of the making of the order or where the proviso to subsection 33(2) is applicable within one month of the service of the order as described in that proviso.

(4)

Any person aggrieved by the refusal of the Council to issue to such person an annual practising certificate or by the cancellation of his annual practising certificate may appeal to the Minister whose decision shall be final, and no action or proceeding shall be maintainable in any court of law in respect of such refusal or cancellation.