Malaysia legislation
Section 3
of KAEDAH-KAEDAH PROFESION GUAMAN SYARIE (WILAYAH-WILAYAH PERSEKUTUAN) (PROSIDING TATATERTIB) 2024
Seksyen 3
(1)
A Disciplinary Board shall be established for the purpose of disciplinary proceeding under the Act.
(2)
The Disciplinary Board shall consist of the following members:
(a)
a
Chairman of the
Disciplinary
Board appointed by the Majlis Peguam Syarie from among persons who have served as a Judge of a Syariah High Court or Judge of the Syariah Appeal
Court or any person qualified to be a Judge of a Syariah High Court or Judge of the Syariah Appeal Court;
(b)
President of the Badan Peguam Syarie or any member of the Majlis Peguam Syarie as his representative; and
P.U. (A) 212 43
(c)
nine practicing members of the Badan Peguam Syarie appointed by the Majlis Peguam Syarie from among those who have been practising as Peguam Syarie, either in the Federal Territories only or in the Federal Territories and any State, for not less than fifteen years.
(3)
The appointment under subrule (2) shall be for a period of three years and may be extended for a maximum period of three years.
(4)
The Chairman of the Disciplinary Board shall preside at the meeting of the
Disciplinary Board and if the Chairman withdraws pursuant to subrule (6) or if the
Chairman is unable, due to illness or any other reason, to attend the meeting, the President of the Badan Peguam Syarie or his representative shall preside over the meeting.
(5)
If the President of the Badan Peguam Syarie or his representative withdraws pursuant to subrule (6) or is unable, due to illness or any other reason, to attend the meeting, the members present shall elect from among themselves to preside over the meeting.
(6)
The Chairman of the Disciplinary Board, the President of the Badan Peguam
Syarie or his representative and any other member of the Disciplinary Board appointed under paragraph (2)(c) shall, if necessary, in the interests of justice, withdraw from considering any complaint if there is any conflict of interests.
(7)
The Disciplinary Board may determine its own procedure.
Quorum of Disciplinary Board