KAEDAH-KAEDAH PROFESION GUAMAN SYARIE (WILAYAH-WILAYAH PERSEKUTUAN) (TATACARA MESYUARAT AGUNG BADAN PEGUAM SYARIE) 2022

These rules may be cited as the

Syarie

Legal

Profession

(Federal Territories) (Procedure of General Meeting of Badan Peguam Syarie)

Rules 2022.

These Rules come into operation on 4 November 2022.

Interpretation

The President shall preside over all general meetings and during his inability, the Vice President shall preside over the meeting and have all the powers of the President.

If the President or the Vice President for any reason is prevented from performing his function as a Chairperson, the Majlis Peguam Syarie shall appoint any of its member to perform the function of the Chairperson.

The Vice President or member appointed under subrule (2), shall while presiding over a general meeting under these Rules, is deemed as a Chairperson and shall have all the powers of the Chairperson.

For the purposes of this rule—

ensure that the general meeting is convened properly, orderly and impartially in accordance with the Act and any rules made under the Act;

formally commence the general meeting;

ensure the conduct of the general meeting is in order as provided in the agenda or as may be otherwise agreed by majority of the members;

make rulings on points of order and other procedural questions raised by way of motion or otherwise;

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adjourn the general meeting temporarily or to any other day at the time and place as may be notified to the members by the Majlis Peguam Syarie;

carry out any function as he deems fit and proper to ensure the proper conduct of the general meeting.

Powers of Chairperson

prescribe limit as to the number of members allowed to speak on any matter, issue, question or motion;

determine the order of members allowed to speak on any matter, issue, question or motion;

prescribe limits for each member allowed to speak;

allow free speech during debate and to disallow repetition, deviation or comment which is personel in nature;

remind members of their duty to conduct in a proper and professional manner; and

carry out any power as he deems fit and proper to ensure the proper conduct of the general meeting.

Disturbance in general meeting

invite a motion from any member of the meeting to remove any member who causes a disturbance in the general meeting or refuses to abide by a ruling made by the Chairperson; or

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adjourn the general meeting temporarily or to any other day at the time and place as may be notified to the members by the Majlis Peguam Syarie.

Point of order

Any member may raise a point of order at the time of the irregularity occurred and such point of order shall take precedence over all other businesses and shall be opened for discussion.

The Chairperson shall make his ruling on any point of order raised in subrule (1).

For the purposes of this rule, “point of order” means a point raised by any member at a general meeting concerning any irregularity in the meeting.

Mover

The Chairperson shall invite the proposer of a motion included in the agenda or any member appointed by the proposer of the motion to move his motion.

Other member may move a similar motion if—

If circumstances under paragraph (2)(a) or (b) occurs and no other member is willing to move the motion, the motion shall lapse, unless if, in respect of the circumstances under paragraph (2)(a), the general meeting, by a procedural motion moved by any member, determines that the motion shall be deferred for consideration at another general meeting when the proposer of the motion or the member appointed by the proposer is present.

A motion need not have a seconder to be moved in a general meeting .

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Debate of motion

The mover may exersice his right to reply to the matter raised by any member after the completion of the motion debate under rule 9.

The mover in exercising his right of reply under subrule (1), should not introduce any new matter unless allowed by the Chairperson.

If the Chairperson allows introduction of any new matter under subrule (2), the Chairperson shall invite any member to debate for or against the new matter.

No further debate is allowed after the mover has given his reply on the new matter.

The mover’s right of reply may be dispensed with by the Chairperson if there is no member who debates for or against the motion.

Amendment of motion

Subject to subrule (2), the mover or any member may propose an amendment to a motion at any time after the motion has been called up for debate but before it is put for voting.

Any amendment proposed shall be confined to amendment which involve clerical error and not to cause any substantive change to the original motion.

A member may proposed an amendment to a motion not more than once in any general meeting.

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The Chairperson shall have the discretion to disallow any proposed amendment to a motion if he is of the opinion that such proposed amendment is contrary to subrule (2).

Withdrawal of motion

The Chairperson shall put a motion for a voting—

The voting shall be exercised through counting of votes as determined by the Chairperson.

Each member is entitled to vote only once for each motion.

For the purpose of voting, the Chairperson may, if the motion contains several matter to be decided separately, divides the motion into a separate motion.

Each separate motion mentioned in subrule (4) shall be considered as one motion for the purpose of voting.

The Chairperson shall announce the result of the voting.

Made 12 October 2022

[JAKIM.(R).BUU.600-1/1/9; PN(PU2)764]

DATO’ ZAINUL RIJAL BIN ABU BAKAR

President of Badan Peguam Syarie