Skip to content

Section 72

Making arrangements when Peguam Syarie is suspended from practice

of Syarie Legal Profession (Federal Territories) Act 2019

ActIn forceProvision 72 of 130
Section 72
(1)

Where the name of a Peguam Syarie is removed from the Register or a Peguam Syarie is suspended from practice, the Peguam Syarie shall, within twenty-one days from the material date, satisfy the Majlis Peguam

Syarie that he has made suitable arrangements for making available to his client or to some other Peguam Syarie instructed by his client or by himself—

(a)

all deeds, wills, documents constituting or evidencing the title to any property, papers, books of account, records, vouchers and other documents in the possession or control of the Peguam Syarie or his firm, partner or employee or relating to any trust of which he is a sole trustee or co-trustee with one or more of his partner or employee; and

(b)

all sums of money due from him or his firm to his client, or held by him or his firm on behalf of his clients or subject to any such trust under paragraph (a).

(2)

If the Peguam Syarie fails to give an explanation that satisfies the

Majlis Peguam Syarie, the provision of the Third Schedule to the Act shall apply to the Peguam Syarie.

(3)

In subsection (1), “the material date” means the latest of whichever of the following dates:

(a)

the date when the order of the Disciplinary Board or the Syariah

High Court by or in pursuance of which the Peguam Syarie’s name is removed or struck off from the Register, or the Peguam Syarie is suspended from practice, is to take effect;

(b)

the last date on which an appeal against the order in paragraph (a)

may be lodged; or

Syarie Legal Profession 55

(Federal Territories)

(c)

the date on which an appeal under paragraph (b) is dismissed or withdrawn.

(4)

In this section and the Third Schedule to the Act, the words “trust” and

“trustee” have the same meaning as in subsection 65(4).