814 - *SYARIE LEGAL PROFESSION (FEDERAL TERRITORIES) ACT 2019

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 814 SYARIE LEGAL PROFESSION (FEDERAL TERRITORIES) ACT 2019 As at 5 October 2024 S This text is ONLY AN UPDATED TEXT of the Syarie Legal Profession (Federal Territories) Act 2019 by the Attorney General’s Chambers. Unless and until reprinted pursuant to the powers of the Commissioner of Law Revision under subsection 14(1) of the Revision of Laws Act 1968 [Act 1], this text is NOT AN AUTHENTIC TEXT. 2 SYARIE LEGAL PROFESSION (FEDERAL TERRITORIES) ACT 2019 Date of Royal Assent … … … ... 15 November 2019 Date of publication in the Gazette … … … … 29 November 2019 Latest amendment made by P.U. (A) 285/2024 which came into operation on … … … … 5 October 2024 3 LAWS OF MALAYSIA Act 814 SYARIE LEGAL PROFESSION (FEDERAL TERRITORIES) ACT 2019 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title and commencement 2. Interpretation PART II SYARIE LEGAL PROFESSION QUALIFYING BOARD 3. Establishment of the Board 4. Functions of the Board 5. Powers of the Board 6. Membership of the Board 7. Secretary to the Board 8. Allowance 9. Power to make rules in relation to admission as Peguam Syarie, etc. 10. Power to exempt 4 Undang-Undang Malaysia AKTA 814 PART III ADMISSION OF PEGUAM SYARIE Seksyen 11. Qualified person 12. Conditions for admission 13. Period of pupillage 14. Exemption from pupillage 15. Application for admission 16. Filing of copy of application 17. Service of copy of application 18. Inquiries into character of applicant 19. Objection of application by the Chief Syariah Prosecutor or Majlis Peguam Syarie 20. Objection of application by other person 21. Admission as Peguam Syarie 22. Right of appeal 23. Issuance of Certificate of Peguam Syarie Register 24. Register of Peguam Syarie 25. Removal of name of Peguam Syarie from the Register 26. Peguam Syarie may apply to remove his name from the Register 27. Restoration of name of Peguam Syarie in the Register PART IV ANNUAL PRACTISING CERTIFICATE 28. Supporting Acknowledgement 29. Issuance of Annual Practising Certificate 30. Disqualification from getting Annual Practising Certificate 31. Register of Practitioners Profesion Guaman Syarie 5 (Wilayah-Wilayah Persekutuan) Section 32. Submission of Annual Practising Certificate PART V RIGHTS AND PRIVILEGES OF PEGUAM SYARIE 33. Rights and privileges of Peguam Syarie 34. Name of Peguam Syarie in the Register before practice 35. Unauthorized person 36. Certain persons may act as Peguam Syarie 37. Instrument and document to be endorsed 38. Cost and payment to unauthorized person PART VI NAME OF FIRM 39. Application for registration name of firm 40. Register of name of firm 41. Restoration of name of firm in the register of name of firm PART VII BADAN PEGUAM SYARIE AND MAJLIS PEGUAM SYARIE OF THE FEDERAL TERRITORIES Badan Peguam Syarie of the Federal Territories 42. Establishment of Badan Peguam Syarie of the Federal Territories 43. Object of Badan Peguam Syarie 44. Power to makes rules in relation to procedure of meeting, etc. 45. Members of Badan Peguam Syarie 46. Eligibility as member 47. Annual subscription and levy 6 Undang-Undang Malaysia AKTA 814 Majlis Peguam Syarie of the Federal Territories Section 48. Establishment of Majlis Peguam Syarie of the Federal Territories 49. Election of first Majlis Peguam Syarie members, etc. 50. Election of next Majlis Peguam Syarie members 51. Eligibility to be nominated and appointed as members of Majlis Peguam Syarie 52. Nominations 53. Insufficient nominations 54. Period of holding office of Majlis Peguam Syarie 55. Casual vacancy Holders of the Office 56. President, Vice President, Secretary and Treasurer of Badan Peguam Syarie 57. Vacancy of Majlis Peguam Syarie members Disqualification of members of Majlis Peguam Syarie or any of its Committees 58. Disqualification of members of Majlis Peguam Syarie or any of its Committees Powers of Majlis Peguam Syarie 59. Power of Majlis Peguam Syarie 60. Establishment of committees 61. Returns, reports, accounts and information 62. Rights to inspect file and copies of bankruptcy proceedings 63. Names of members of Majlis Peguam Syarie, etc., to be published and confidentiality of deliberations Profesion Guaman Syarie 7 (Wilayah-Wilayah Persekutuan) PART VIII PROFESSIONAL PRACTICE, ETIQUETTE, CONDUCT AND DISCIPLINE OF PEGUAM SYARIE Section 64. Power to make rules regulating practice, etc. 65. Power to make rules in relation to opening and keeping of accounts, etc. 66. Power to make rules in relation to professional indemnity 67. Peguam Syarie shall submit accountant’s report 68. Power to make rules in relation to examination of accountant’s report, etc. 69. Peguam Syarie shall not wilfully and knowingly acting as agent 70. Peguam Syarie shall not to employ undischarged bankrupt, etc. Client’s property, document, money, etc. 71. Taking over property, etc., by the Majlis Peguam Syarie 72. Making arrangements when Peguam Syarie is suspended from practice 73. Power of Majlis Peguam Syarie to take possession of documents, etc., from Peguam Syarie 74. Power of Majlis Peguam Syarie to take possession of documents, etc., from Peguam Syarie when he is undischarged bankrupt, etc. 75. Personal representative liable for acts of deceased Peguam Syarie 76. Majlis Peguam Syarie shall operate bank account of deceased Peguam Syaries’ client PART IX DISCIPLINARY PROCEEDINGS 77. Disciplinary authority 78. Complaint against Peguam Syarie or pupil 79. Complaint against firm 80. Limitation of disciplinary jurisdiction 81. Power to obtain documents 82. Disciplinary penalty or punishment 8 Undang-Undang Malaysia AKTA 814 Section 83. Suspension of Peguam Syarie 84. Appeal against order or decision of the Disciplinary Board 85. Power to make rules in relation to disciplinary proceedings PART X DISCIPLINE FUND 86. Establishment of Discipline Fund 87. Payment of cost, etc., out of Discipline Fund 88. Payment of fine, etc., into Discipline Fund PART XI MISCELLANEOUS 89. No action against Badan Peguam Syarie, Majlis Peguam Syarie, Disciplinary Board, etc., for act done 90. Confidentiality 91. Peguam Syarie removed from Advocate and Solicitor’s Roll 92. Power to prescribe fees 93. Power to amend Schedules FIRST SCHEDULE SECOND SCHEDULE THIRD SCHEDULE 9 LAWS OF MALAYSIA Act 814 SYARIE LEGAL PROFESSION (FEDERAL TERRITORIES) ACT 2019 An Act to provide for the establishment of the Syarie Legal Profession Qualifying Board, Badan Peguam Syarie and Majlis Peguam Syarie, to provide for the admission of a Peguam Syarie, to regulate the practice of Syarie legal profession in the Federal Territories and for related matters. [21 June 2022; P.U. (B) 285/2022] ENACTED by the Parliament of Malaysia as follows: PART I PRELIMINARY Short title and commencement 1. (1) This Act may be cited as the Syarie Legal Profession (Federal Territories) Act 2019. (2) This Act comes into operation on a date to be appointed by the Yang di-Pertuan Agong by notification in the Gazette and the Yang di-Pertuan Agong may appoint different dates for the coming into operation of different provisions of this Act. Interpretation 2. In this Act, unless the context otherwise requires— “client” includes— 10 Laws of Malaysia ACT 814 (a) in relation to a contentious business— (i) any person who as a principal or on behalf of another person retains or employs a Peguam Syarie; and (ii) any person who is or may be liable to pay a Peguam Syarie’s costs; or (b) in relation to a non-contentious business— (i) any person who, as a principal or on behalf of another, or as a trustee, executor or administrator, or in any other capacity, has express or implied power, to retain or employ a Peguam Syarie; and (ii) any person for the time being liable or may be liable to pay a Peguam Syarie’s costs for his services; “Badan Peguam Syarie” means the Badan Peguam Syarie of the Federal Territories established under section 42; “Register” means the Register of Peguam Syarie kept and maintained under section 24; “Register of Practitioners” means the Register of Annual Practising Certificate kept and maintained under section 31; “Chief Syariah Judge” means the Chief Syariah Judge of the Federal Territories; “Chief Registrar” means the Chief Registrar of the Syariah Appeal Court of the Federal Territories; “Chief Syariah Prosecutor” means the Chief Syariah Prosecutor of the Federal Territories; “cost” includes fees, charges, disbursements, expenses and remuneration; Syarie Legal Profession 11 (Federal Territories) “Board” means the Syarie Legal Profession Qualifying Board established under section 3; “syariah court” means the Syariah Lower Court, Syariah High Court or Syariah Appeal Court, as the case may be, established under section 40 of the Administration of Islamic Law (Federal Territories) Act 1993 [Act 505]; “Syariah High Court” means the Syariah High Court of the Federal Territories; “Minister” means the Minister charged with the responsibility for the administration of the religion of Islam in the Federal Territories; “unauthorized person” means a person whose name is not listed in the Register and did not possess a valid Annual Practising Certificate; “syariah officer” means a syariah officer in the general public service of the Federation or in the general public service of any State; “legal officer” means a legal officer in the judicial and legal services; “advocate and solicitor” means an advocate and solicitor registered under the Legal Profession Act 1976 [Act 166]; “Peguam Syarie” means a Peguam Syarie who has been admitted as Peguam Syarie in the Syariah High Court and who has been registered under section 24; “State Peguam Syarie” means any qualified person who has been admitted as a Peguam Syarie in any State in Malaysia; “pupil” means a qualified person who is undergoing a period of pupillage under section 13; “pupillage” means pupillage in chambers; “master” means a Peguam Syarie with whom a pupil is undergoing his period of pupillage under section 13; 12 Laws of Malaysia ACT 814 “Supporting Acknowledgement” means an acknowledgement issued under section 28; “Secretary to the Board” means the Secretary to the Syarie Legal Profession Qualifying Board mentioned in subsection 7(1). PART II SYARIE LEGAL PROFESSION QUALIFYING BOARD Establishment of the Board 3. A body to be named as the Syarie Legal Profession Qualifying Board is established. Functions of the Board 4. The Board shall have the following functions: (a) to determine the qualifications of the persons intending to apply for the admission as a Peguam Syarie; and (b) to provide for— (i) the course of instruction, training, education, interview and examination by the Board for the person intending to apply for the admission as a Peguam Syarie; and (ii) the course of instruction, training and continuous professional development of the Peguam Syarie. Powers of the Board 5. (1) The Board may do all things necessary or expedient for, or in connection with, the performance of its functions under this Part. (2) Without prejudice to the generality of subsection (1), the Board may— Syarie Legal Profession 13 (Federal Territories) (a) appoint any committee as the Board considers necessary and expedient to assist the Board in the performance of its functions and in the exercise of its powers; (b) pay allowances and other expenses of the members of the Board or its committees; (c) appoint any lecturers and examiners for the purpose of providing courses of instruction, training, education, interview and examination under paragraph 4(b); (d) pay allowances and other benefits to lecturers and examiners appointed under paragraph (c); and (e) impose any fees or other charges as prescribed by the Board in the performance of its functions and the exercise of its powers. Membership of the Board 6. (1) The Board shall consist of the following members: (a) the Chief Syariah Judge who shall be the Chairman; (b) the Chairman of Majlis Peguam Syarie who shall be the Deputy Chairman; (c) a representative of the Attorney General’s Chambers who shall be a Muslim; (d) the Chief Syariah Prosecutor; (e) a Peguam Syarie who has been practising for not less than twenty years nominated by the Majlis Peguam Syarie; (f) an academician in the syariah field from a higher educational institution to be nominated by the Minister charged with the responsibility for education; and 14 Laws of Malaysia ACT 814 (g) an academician in the legal field from a higher educational institution to be nominated by the Minister charged with the responsibility for education. (2) Members of the Board appointed under paragraphs (1)(e), (f) and (g) shall hold the office for a period of three years and is qualified to be reappointed for another three years. (3) Members of the Board appointed under paragraphs (1)(e), (f) and (g) shall be deemed to have vacated his seat as a member of the Board if— (a) he is no longer a citizen of Malaysia; (b) he is no longer resides in Malaysia; (c) he is an undischarged bankrupt; (d) he has been found guilty by any court for any offence involving fraud, dishonesty or moral turpitude, or for any other offence punishable with imprisonment, whether in itself only or in addition to or in lieu of a fine; (e) in the case of a member appointed under paragraph (1)(e)— (i) he is no longer holds a valid Annual Practising Certificate issued under this Act; or (ii) he has been convicted by the Disciplinary Board for any misconduct under Part IX of this Act; or (f) in the case of a member appointed under paragraph (1)(f) or (g)— (i) he has been punished by the competent disciplinary board for any disciplinary offence; or (ii) he has resigned from the higher educational institution. (4) A member appointed under paragraph (1)(e), (f) or (g) may at any time resign his office by a notice in writing to the Chairman of the Board. Syarie Legal Profession 15 (Federal Territories) (5) The provision of the First Schedule to the Act shall apply to the members of the Board. Secretary to the Board 7. (1) The Chief Registrar shall be the Secretary to the Board. (2) The Secretary to the Board shall attend all meetings of the Board and may participate in the deliberations of the Board, but shall not be entitled to vote. Allowance 8. The members of the Board, committee and any other person invited to attend any meeting of the Board may be paid any allowance as determined by the Minister. Power to make rules in relation to admission as Peguam Syarie, etc. 9. (1) The Board may, with the approval of the Minister, make rules as may be necessary or expedient for the purpose of carrying into effect the provisions of this Act. (2) Without prejudice to the generality of subsection (1), rules may be made for the following purposes: (a) the qualification of persons for admission as a Peguam Syarie; (b) the course of instruction, training, education, interview and examination of persons for admission as a Peguam Syarie; (c) the practical experience required for admission as a Peguam Syarie; 16 Laws of Malaysia ACT 814 (d) the fees or charges that may be imposed by the Board in the performance of its functions and the exercise of its powers; and (e) such other matters required to be prescribed by the Board under this Act. Power to exempt 10. The Board may exempt any person or a group of persons who intends to apply for admission as a Peguam Syarie from undergoing courses of instruction, training, education, interview and examination subject to such conditions as the Board thinks fit. PART III ADMISSION OF PEGUAM SYARIE Qualified person 11. For the purposes of this Part, “qualified person” means any person who— (a) possesses any qualification prescribed by the Board; or (b) is an advocate and solicitor and has any additional qualification in the syariah field or syarie judicial as prescribed under section 12. Conditions for admission 12. (1) Any qualified person may apply for an admission as a Peguam Syarie under section 15 if he fulfils the following conditions: (a) has attained the age of twenty-one years; (b) is a Muslim; (c) is either a citizen or permanent resident of Malaysia; Syarie Legal Profession 17 (Federal Territories) (d) is of good character; (e) has not been convicted in Malaysia or elsewhere of any criminal offence; (f) has not been adjudicated as undischarged bankrupt; (g) has attended and passed the courses of instruction, training, education, interview or examination prescribed by the Board, where applicable; and (h) has served the period of pupillage as required under section 13. (2) A State Peguam Syarie may apply for an admission as a Peguam Syarie under section 15 if— (a) he fulfils the conditions referred to in paragraphs (1)(a) to (g); and (b) he has been engaged in active practice as a State Peguam Syarie in any State before he applies for the admission. Period of pupillage 13. (1) Subject to subsection 14(3), a qualified person shall, before he is admitted as a Peguam Syarie, serve a period of pupillage for six months. (2) For the purpose of subsection (1), a pupil shall serve his period of pupillage with a master who is and has been in an active practice in the Federal Territories for a total period of not less than seven years immediately preceeding the date of commencement of his pupillage. (3) A pupil shall not, without special leave in writing of the Majlis Peguam Syarie, hold any office or engage in any employment of any kind, whether full time or otherwise, during his period of pupillage, but nothing in this subsection shall preclude a pupil from receiving remuneration from his master. 18 Laws of Malaysia ACT 814 Exemption from pupillage 14. (1) The Majlis Peguam Syarie may, on special grounds, allow a pupil to serve his period of pupillage with a Peguam Syarie who is practising in other States or has been practising less than seven years. (2) The Majlis Peguam Syarie may allow any qualified person to serve different parts of his period of pupillage with different masters. (3) The Majlis Peguam Syarie may exempt any qualified person who has served as a syariah officer for a period of at least one year from serving any period of pupillage under section 13. (4) For the purposes of subsection (3), the syariah officer shall submit to the Majlis Peguam Syarie a certificate from the Director General of Department of Syariah Judiciary Malaysia or respective head of service, as the case may be, stating his period of service as a syariah officer. Application for admission 15. (1) An application for admission as a Peguam Syarie by a qualified person or a State Peguam Syarie shall be made to the Syariah High Court. (2) The application under subsection (1) shall be supported by an affidavit exhibiting— (a) in the case of the application by a qualified person— (i) certified copies of any documentary evidence showing that he is a qualified person; (ii) two recent certificates as to his good character; (iii) a certificate of diligence from his master with whom he served his pupillage in cases where he is required to serve a period of pupillage, or in the absence of such certificate any other evidence as the Syariah High Court may require showing that he has served such pupillage with diligence; Syarie Legal Profession 19 (Federal Territories) (iv) where applicable, a certificate signed by the Secretary to the Board that the applicant has attended the courses of instruction, training, education, interview or examination prescribed by the Board; and (v) certified copies of any documentary evidence showing that the applicant has attained the age of twenty-one years, is a Muslim and is either a citizen or permanent resident of Malaysia; or (b) in the case of the application by a State Peguam Syarie— (i) a certified copy of an order of a syariah court or a copy of the practising certificate of the States which has admitted him as a Peguam Syarie; (ii) a certified copy of an acknowledgement given by a Peguam Syarie who has been practising in such State for at least five years, that in his knowledge, the applicant has been engaged in active practice as a Peguam Syarie in any State before he applies for the admission; and (iii) a certified copy of an acknowledgement given by the secretary or other officer of the responsible Department on the conduct and discipline of a Peguam Syarie of the State, that the applicant has not been convicted of any disciplinary offence. (3) The application, affidavit, acknowledgement, document and evidence stated in this section shall be in the manner as determined by the Syariah High Court. Filing of copy of application 16. (1) An applicant shall file a copy of his application for admission as a Peguam Syarie under section 15 at the Chief’s Registrar Office accompanied with a notice stating the particulars of his application within a period of not less than thirty days before the dated fixed for the hearing of the application for admission or such shorter period as ordered by the Syariah High Court. 20 Laws of Malaysia ACT 814 (2) The Chief Registrar shall cause to be posted the notice referred to in subsection (1) at the Syariah High Court in the Federal Territories of Kuala Lumpur, Labuan and Putrajaya for thirty days before the hearing of the application for admission of the applicant. Service of copy of application 17. The applicant shall serve a copy of his application for admission as a Peguam Syarie under section 15 on the Board, the Chief Syariah Prosecutor and the Majlis Peguam Syarie within a period not less than thirty days before the date fixed for the hearing of the application for admission or such shorter period as ordered by the Syariah High Court. Inquiries into character of applicant 18. (1) The Majlis Peguam Syarie shall, upon receiving a copy of the application from the applicant, make or cause to be made full inquiries into the character of the applicant and, upon such application being set down for hearing, submit to the Chief Registrar a confidential report of the result of such inquiries. (2) If any of the reports is unfavourable to the applicant, the Chief Registrar shall submit such confidential report to the Chief Syariah Judge and the Chief Syariah Judge may, if he thinks fit and reasonable, direct such report to be filed in the Syariah High Court and a copy of the report to be served on the applicant and, subject to such directions as the Syariah High Court may give, such report shall be taken into consideration on the hearing of the application. (3) All reports and communications under this section shall be treated as confidential. Syarie Legal Profession 21 (Federal Territories) Objection of application by the Chief Syariah Prosecutor or Majlis Peguam Syarie 19. (1) The Chief Syariah Prosecutor or the Majlis Peguam Syarie may, upon receiving a copy of the application for admission as Peguam Syarie from the applicant, object to the application by filing a notice of objection which shall specify in brief terms the grounds of the objection. (2) The notice of objection shall be filed in the Chief Registrar’s Office and served on the applicant within the period of not less than three days or any shorter period as the Syariah High Court may order before the date fixed for the hearing of the application for admission. (3) The hearing of the notice of objection shall be heard— (a) in the same proceeding with, and before the same Syariah High Court Judge for, the hearing of the application for admission as a Peguam Syarie; and (b) in the presence of the representatives of the Chief Syariah Prosecutor and the Majlis Peguam Syarie. (4) Notwithstanding paragraph (3)(b), the hearing of the notice of objection may be proceeded without the presence of the representatives of the Chief Syariah Prosecutor and the Majlis Peguam Syarie if the Syariah High Court is satisfied that the applicant had served upon them a copy of his application for admission as a Peguam Syarie. Objection of application by other person 20. (1) Any person other than the Chief Syariah Prosecutor or the Majlis Peguam Syarie may enter an objection to object the application for admission as a Peguam Syarie filed under section 15. (2) The objection under subsection (1) shall be filed in the Chief Registrar’s Office and shall contain the full name, occupation and address of 22 Laws of Malaysia ACT 814 the person objecting the application for admission, a brief statement of the grounds of his objection and an address for service. (3) Upon such objection being filed, the application for admission shall not be heard unless a notice of hearing of not less than three days has been served on the person objecting the application for admission. (4) The person objecting the application for admission may appear in the hearing of the application for admission as a Peguam Syarie. (5) The hearing of the application for admission as a Peguam Syarie may be heard without the attendance of the person objecting the application for admission as a Peguam Syarie. (6) The hearing of the objection shall be heard in the same proceeding with, and before the same Syariah High Court Judge for, the hearing of the application for admission as a Peguam Syarie. Admission as Peguam Syarie 21. The Syariah High Court may, after considering the application under section 15, the inquiry report under section 18 and objection under section 19 or 20, admit the applicant as a Peguam Syarie or otherwise. Right of appeal 22. Any person aggrieved by the decision of the Syariah High Court under section 21 may, within thirty days of the date of the decision, appeal to the Syariah Appeal Court. Issuance of Certificate of Peguam Syarie 23. The Chief Registrar shall, upon payment of a prescribed fee, issue to the applicant who has been admitted as a Peguam Syarie under this Act, a certificate of Peguam Syarie in the manner as determined by the Chief Registrar. Syarie Legal Profession 23 (Federal Territories) Register Register of Peguam Syarie 24. (1) The Chief Registrar shall keep and maintain a Register of Peguam Syarie. (2) The name and the date of admission of a Peguam Syarie shall be entered in the Register in the order of the date of admission. (3) The Register shall be open for inspection by any person without payment. (4) Notwithstanding subsection (3), any application for an extract or a copy of the Register shall be subject to a prescribed fee. Removal of name of Peguam Syarie from the Register 25. (1) If at any time after the admission of a Peguam Syarie, it is shown to the satisfaction of the Syariah High Court that the affidavit, acknowledgement or other document filed by the Peguam Syarie contains false or misleading statement in its substance or a suppression of any material fact, the name of the Peguam Syarie may be removed from the Register. (2) If the name of a Peguam Syarie has been removed from the Register under subsection (1), the Chief Registrar shall, upon any application for readmission as a Peguam Syarie is made, bring the fact to the notice of the Syariah High Court and the Syariah High Court shall, if there is no such special circumstances, refuse the application. Peguam Syarie may apply to remove his name from the Register 26. (1) Any Peguam Syarie may apply to the Syariah High Court to have his name removed from the Register. 24 Laws of Malaysia ACT 814 (2) The application under subsection (1) shall be supported by an affidavit stating the reasons for the removal of his name from the Register. (3) The Peguam Syarie shall serve his application to remove his name under subsection (1) on the Majlis Peguam Syarie within a period of not less than fourteen days before the application is heard. (4) The application under subsection (1) shall be heard by a Syariah High Court Judge sitting in chambers. (5) After considering the application under subsection (1), the Syariah High Court Judge may make an order— (a) directing the Chief Registrar to strike off the name of the Peguam Syarie from the Register; (b) adjourning the hearing of the application to such date as the Syariah High Court Judge deems fair and reasonable; or (c) dismissing the application if— (i) a disciplinary action is pending against the Peguam Syarie under Part IX of this Act; or (ii) the conduct of the Peguam Syarie is the subject of inquiry under Part IX of this Act; and (d) for the payment of any costs. Restoration of name of Peguam Syarie in the Register 27. (1) Any Peguam Syarie whose name has been removed or struck off from the Register may apply to the Syariah High Court for the restoration of his name in the Register. (2) The application under subsection (1) shall be supported by an affidavit. Syarie Legal Profession 25 (Federal Territories) (3) The applicant shall serve a copy of the application under subsection (1) on the Majlis Peguam Syarie within fourteen days before the hearing of the application. (4) The Majlis Peguam Syarie shall, upon receiving a copy of the application, prepare a report which shall include copies of the record of any proceedings as a result of which the applicant’s name was removed or struck off from the Register. (5) The Majlis Peguam Syarie shall be represented during the hearing of the application for the restoration and shall submit the report prepared under subsection (4) to the Syariah High Court before the hearing of the application. (6) The Syariah High Court may, if it thinks fair and reasonable, order the Chief Registrar to restore the name of the applicant in the Register. (7) Any person who is aggrieved by the decision of the Syariah High Court may appeal to the Syariah Appeal Court. PART IV ANNUAL PRACTISING CERTIFICATE Supporting Acknowledgement 28. (1) Any Peguam Syarie who intends to apply for an Annual Practising Certificate shall apply for a Supporting Acknowledgement from the Majlis Peguam Syarie in the manner as determined by the Majlis Peguam Syarie. (2) The Majlis Peguam Syarie shall, within twenty-one days after the application is received under subsection (1), issue the Supporting Acknowledgement to the Peguam Syarie if— (a) the Majlis Peguam Syarie is satisfied that the Peguam Syarie is not prohibited from holding an Annual Practising Certificate under section 30; (b) the Peguam Syarie has submitted or has been exempted from submitting the accountant report under this Act; 26 Laws of Malaysia ACT 814 (c) the Peguam Syarie is not indebted in respect of any fees or levies payable to the Majlis Peguam Syarie under this Act; and (d) the Peguam Syarie intends to practise under the name of the firm that has been approved under section 39. (3) A disciplinary proceeding may be taken against any Peguam Syarie if in, or in relation to, an application under this section, he makes false statement which is material to the application. Issuance of Annual Practising Certificate 29. (1) Every Peguam Syarie shall, in each year before acting as a Peguam Syarie, submit or cause to be submitted to the Chief Registrar an application for an Annual Practising Certificate in the manner as determined by the Chief Registrar. (2) The application under subsection (1) shall be accompanied by— (a) a declaration in writing stating— (i) his full name; (ii) the name of the firm under which the Peguam Syarie practices; (iii) the principal and any other address at which he practises; and (iv) that he is not disqualified from applying for an Annual Practising Certificate under section 30; (b) a Supporting Acknowledgement issued by the Majlis Peguam Syarie; and (c) a prescribed fee. Syarie Legal Profession 27 (Federal Territories) (3) The Chief Registrar shall, upon being satisfied that all the necessary documents referred to in subsection (2) are in order, issue to the Peguam Syarie an Annual Practising Certificate. (4) Subject to subsection (5), every Annual Practising Certificate shall be signed by the Chief Registrar and shall be valid from the date of issuance to the end of the year except if— (a) the name of the Peguam Syarie is removed or struck off from the Register, the Annual Practising Certificate of the Peguam Syarie shall expire forthwith and the date of expiration shall be entered by the Chief Registrar in the Register; or (b) a Peguam Syarie is adjudicated bankrupt or a bankruptcy order is made against him, the Annual Practising Certificate of the Peguam Syarie shall be suspended forthwith until the consent of the Majlis Peguam Syarie to reinstate the Annual Practising Certificate of the Peguam Syarie is obtained. (5) If a Peguam Syarie has duly complied with the requirement under subsection (1) in the month of January of any year, the Annual Practising Certificate issued to him in respect of that year shall be deemed to have come into operation from 1 January of that particular year. (6) In this section, the word “year” means the period from 1 January in any calendar year to 31 December in the same calendar year. Disqualification from getting Annual Practising Certificate 30. (1) A Peguam Syarie shall be disqualified from applying for an Annual Practising Certificate— (a) unless he is practising or intends to practice either as a sole proprietor or by a partnership in the Federal Territories; (b) unless he is employed full time in his practice in the Federal Territories by a firm under which the Peguam Syarie practises; or 28 Laws of Malaysia ACT 814 (c) if he is gainfully employed by any other person, firm or body in a capacity other than as a Peguam Syarie. (2) Notwithstanding paragraph (1)(c), a Peguam Syarie who is gainfully employed by any other person, firm or body in a capacity other than as a Peguam Syarie may, upon obtaining the approval of the Majlis Peguam Syarie, apply for an Annual Practising Certificate. (3) For the purpose of this section, a qualified person shall not be construed as being gainfully employed if he is serving with the Syariah Officer Services, Legal Aid Department or Judicial and Legal Services. Register of Practitioners 31. (1) The Chief Registrar shall keep and maintain an annual register to be known as the Register of Practitioners. (2) Upon the issuance of an Annual Practising Certificate, the Chief Registrar shall ensure that the particulars contained in the declaration submitted under paragraph 29(2)(a) and other particulars prescribed by the Chief Registrar to be entered in the Register of Practitioners. (3) If there is any changes of the particulars of the Peguam Syarie in the Register of Practitioners, the Peguam Syarie shall, within thirty days of the changes, notify the Chief Registrar and Majlis Peguam Syarie about the changes of the particulars, and the Chief Registrar shall cause the entry about the changes of the particulars in respect of that Peguam Syarie to be made in the Register of Practitioners. (4) Any person may inspect the Register of Practitioners with the payment of a prescribed fee. Submission of Annual Practising Certificate 32. A Peguam Syarie shall submit his Annual Practising Certificate if he is required by any syariah court to do so. Syarie Legal Profession 29 (Federal Territories) PART V RIGHTS AND PRIVILEGES OF PEGUAM SYARIE Rights and privileges of Peguam Syarie 33. (1) Subject to this Act and any other written law, a Peguam Syarie shall have exclusive right to appear and plead on behalf of his client in all syariah courts in the Federal Territories according to the law in force in the syariah court and all Peguam Syarie shall have the same rights and privileges without differentiation. (2) Nothing contained in this Part shall affect the right of — (a) a syariah officer, Syariah Prosecutor and other qualified person appointed temporarily to perform the duties of legal officers or syariah officers on behalf of the Government in any syariah court, provided that he is a Muslim; and (b) the Director General of Legal Aid or any person appointed to assist the Director General of Legal Aid under section 3 of the Legal Aid Act 1971 [Act 26] acting in the performance of his duties. Name of Peguam Syarie in the Register before practice 34. Any qualified person who has been admitted as a Peguam Syarie shall not practise as a Peguam Syarie or do any act as a Peguam Syarie unless his name has been registered in the Register of Peguam Syarie under section 24 and he has a valid Annual Practising Certificate issued under section 29. Unauthorized person 35. (1) Any unauthorized person who— (a) acts as a Peguam Syarie or an agent for any party to a proceedings or in any capacity, other than as a party to an action in which he himself is a party, commences, carries on, solicits or defends any 30 Laws of Malaysia ACT 814 action, suit or other proceedings in the name of any other person in any of the syariah court or draws or prepares any instrument relating to any proceedings in any syariah court; or (b) wilfully or falsely pretends to be, or takes or uses any name, title, addition or description implying that he is duly qualified or authorized to act as a Peguam Syarie, or that he is recognized by law as so qualified or authorized, commits an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term of not exceeding three years or to both. (2) Without prejudice to the generality of subsections (1) and (3), any unauthorized person who either directly or indirectly— (a) draws or prepares any document or instrument relating to any immovable property or to any legal proceedings or to any trust for the purpose and in relation to any act and suit in any syariah court; (b) takes instructions to draw or prepare any document on which to found or oppose a grant of probate or letters of administration in any Syariah High Court; or (c) on behalf of a claimant or person alleging himself to have a claim to a legal right, writes, publishes or sends a letter or notice threatening legal proceedings other than a letter or notice that the matter will be handed to a Peguam Syarie for legal proceedings, commits an offence under this subsection unless he proves that the act was not done for or in expectation to get any fee, gain or reward. (3) Any unauthorized person who does or solicits the right to do any act which is customarily within the function or responsibility of a Peguam Syarie, including but not limited to advising on Syariah law, unless he proves that the act was not done for or in expectation to get any fee, gain or reward, commits an offence under this subsection. Syarie Legal Profession 31 (Federal Territories) (4) Any unauthorized person who offers services as a Peguam Syarie commits an offence under this subsection. (5) Any person referred to in subsections (2), (3) and (4) shall, upon conviction, be liable to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding ninety days or to both for the first offence, and for the second or subsequent offence, be liable to a fine not exceeding three thousand ringgit or to imprisonment for a term of not exceeding six months or to both. Certain persons may act as Peguam Syarie 36. (1) Notwithstanding section 35, the following persons may act as a Peguam Syarie: (a) the Attorney General or the Solicitor General or any other person acting under the authority of either of them; (b) the Director General of Legal Aid or any person appointed to assist the Director General of Legal Aid under section 3 of the Legal Aid Act 1971 acting in the course of his duties; (c) the syariah officer, Syariah Prosecutor and Legal Officer of the Majlis Agama Islam Wilayah Persekutuan acting in the course of their duties under any law relating to their offices; (d) any person acting personally for himself only in any matter or proceeding to which he is a party; and (e) any person acting on behalf of a minor or incapable person who is under his liability in any matter or proceeding to which the minor or incapable person is a party. (2) The person referred to in subsection (1) shall be a Muslim. 32 Laws of Malaysia ACT 814 Instrument and document to be endorsed 37. (1) Any Peguam Syarie who draws or prepares any instrument or document shall endorse or cause to be endorsed on the instrument or document the name and address of the firm under which the Peguam Syarie practises. (2) Any Peguam Syarie who fails to endorse or falsely endorses or causes to be endorsed any of the instruments or documents commits an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit or to an imprisonment for a term of not exceeding three years or to both. Cost and payment to unauthorized person 38. (1) Any costs in respect of anything done by an unauthorized person as a Peguam Syarie or in respect of any act which is an offence under section 35 or 37 shall not be recoverable by any person in any action, suit or matter. (2) Any payment to an unauthorized person for anything done which is an offence under section 35 or 37 may be recovered in a court of competent jurisdiction by the person who has paid the money. PART VI NAME OF FIRM Application for registration name of firm 39. (1) Any Peguam Syarie who intends to establish a firm shall apply to the Majlis Peguam Syarie for the registration and approval of the name of the firm. (2) The application under subsection (1) includes— (a) the proposed name of the firm; (b) the name of the Peguam Syarie and his partner, where applicable; Syarie Legal Profession 33 (Federal Territories) (c) the principal address or any other address of the proposed name of the firm; and (d) other particulars as the Majlis Peguam Syarie deems necessary. (3) The Majlis Peguam Syarie may, upon receiving an application under subsection (1)— (a) issue the certificate of registration; and (b) approve the proposed name of the firm. (4) The Majlis Peguam Syarie may refuse a certificate for registration on the grounds that the proposed firm name is misleading or is likely to be confused with another name of a firm which has been registered. (5) Any Peguam Syarie who is dissatisfied with the decision of the Majlis Peguam Syarie may appeal to the Syariah High Court. (6) Any Peguam Syarie who fails to comply with subsection (1) shall be subject to disciplinary proceedings. Register of name of firm 40. (1) The Majlis Peguam Syarie shall keep and maintain a register of name of firm under which the Peguam Syarie practises. (2) The Majlis Peguam Syarie may, at the request of a Peguam Syarie or his partners, remove any name of firm from the register of name of firm, if the Majlis Peguam Syarie is satisfied that no one is practising under that name. (3) The name of the firm shall not be struck off from the register of name of firm without a certificate from the Majlis Peguam Syarie. 34 Laws of Malaysia ACT 814 Restoration of name of firm in the register of name of firm 41. (1) Any application for the restoration of the name of a firm in the register of name of firm shall be made in a manner as determined by the Majlis Peguam Syarie. (2) The Majlis Peguam Syarie may, if it thinks fair and reasonable, restore the name of the firm which has been struck off in the register of name of firm. PART VII BADAN PEGUAM SYARIE AND MAJLIS PEGUAM SYARIE OF THE FEDERAL TERRITORIES Badan Peguam Syarie of the Federal Territories Establishment of Badan Peguam Syarie of the Federal Territories 42. (1) A body corporate by the name of the Badan Peguam Syarie of the Federal Territories is established. (2) The Badan Peguam Syarie shall have perpetual succession and a common seal. (3) The Badan Peguam Syarie may sue and be sued in its corporate name. (4) Subject to and for the purposes of this Act, the Badan Peguam Syarie may, upon such terms as it deems fit— (a) enter into contracts; (b) acquire, purchase, take, hold or enjoy, as the case may be, any property, right, interest, obligations and liability of every description; (c) convey, assign, surrender, yield up, charge, mortgage, demise, lease, reassign, transfer or otherwise disposed of, or deal with, any movable or immovable property or any interest of the property vested in the Badan Peguam Syarie; Syarie Legal Profession 35 (Federal Territories) (d) invest any money of the Badan Peguam Syarie in a syariah compliant investment permitted for the investment of trust fund by any written law; and (e) borrow money for the purpose that the Badan Peguam Syarie may think proper and for that purpose may pledge any immovable property vested in the Badan Peguam Syarie. Object of Badan Peguam Syarie 43. The object of Badan Peguam Syarie shall be— (a) to promote and maintain the interest of the syarie legal profession in relation to the practice of syariah law in the Federal Territories; (b) to uphold the cause of justice without regard to its own interests or of its members, uninfluenced by fear or favour; (c) to maintain and improve the standards of conduct and learning of the syarie legal profession in the Federal Territories; (d) to maintain the integrity and status of the Peguam Syarie as well as to avoid unlawful, dishonest and unethical practices among syariah law practitioners; (e) to promote opportunities for the acquisition and dissemination of knowledge and skills in the practice and application of syariah law; (f) where requested to do so, to express its view on matters affecting practices and syariah law reform in the Federal Territories; (g) to protect and assist the public in all matters incidental to the syariah law; (h) to promote good relations and social relations amongst members and between members and other persons concerned in the 36 Laws of Malaysia ACT 814 administration of law, civil or syariah, in the Federal Territories or in other States; and (i) to promote, establish and maintain good relations with professional bodies of the legal profession in other countries and to participate in the activities of any local or international association and become a member of the association. Power to makes rules in relation to procedure of meeting, etc. 44. The Badan Peguam Syarie may make rules for— (a) prescribing the procedure of any meeting including annual general meeting and extraordinary general meeting of the Badan Peguam Syarie; (b) regulating the conduct of the election of the members of the Majlis Peguam Syarie; and (c) prescribing such other matters that are incidental to the betterment of the Badan Peguam Syarie. Members of Badan Peguam Syarie 45. (1) A person who has been admitted and registered as a Peguam Syarie under this Act shall be a member of the Badan Peguam Syarie so long as he has a valid Annual Practising Certificate. (2) The provision of the Second Schedule to the Act shall apply to the members of the Badan Peguam Syarie. Eligibility as member 46. A member of the Badan Peguam Syarie who is not in arrears with the subscriptions under section 47 shall be eligible— Syarie Legal Profession 37 (Federal Territories) (a) to attend and vote at any general meeting; (b) to be elected as a member of the Majlis Peguam Syarie; (c) to vote on the election of members to the Majlis Peguam Syarie; and (d) to serve in any Committee of the Majlis Peguam Syarie. Annual subscription and levy 47. (1) The Majlis Peguam Syarie may determine— (a) the amount of the annual subscription to be paid by members of the Badan Peguam Syarie; and (b) the levies payable by members of the Badan Peguam Syarie for any of the purposes of the Badan Peguam Syarie. (2) The total of the subscriptions and the levies payable under subsection (1) shall not in any calendar year exceed three hundred ringgit for each member of the Badan Peguam Syarie without the approval of two thirds of the members present who shall vote in person at a annual general meeting of the Badan Peguam Syarie.

(3) Liability to pay any amount of the annual subscription by the members of the Badan Peguam Syarie to the Badan Peguam Syarie shall arise when the subscription has been fixed by the Majlis Peguam Syarie and all subscriptions shall be paid by or before 31 March each year. 38 Laws of Malaysia ACT 814 Majlis Peguam Syarie of the Federal Territories Establishment of Majlis Peguam Syarie of the Federal Territories 48. (1) A council to be known as the Majlis Peguam Syarie of the Federal Territories is established for the proper management of the Badan Peguam Syarie and for the proper performance of its functions under this Act. (2) The Majlis Peguam Syarie shall comprise the following: (a) the immediate past President and Vice-President of the Badan Peguam Syarie except for the first Majlis Peguam Syarie; and (b) thirteen Peguam Syarie elected pursuant to sections 49 and 50. (3) The provision of the Second Schedule to the Act shall apply to the Majlis Peguam Syarie. Election of first Majlis Peguam Syarie members, etc. 49. (1) Notwithstanding section 48, the Chief Registrar shall, after the expiration of thirty days and not later than sixty days from the commencement of this Act, call upon all members of the Badan Peguam Syarie for a meeting at such time and place as he may appoint to elect the members of the Majlis Peguam Syarie as referred to in paragraph 48(2)(b) from amongst its members. (2) The Chief Registrar shall, in the meeting, appoint a Peguam Syarie who has been in practice for not less than fifteen years, and if none, any Peguam Syarie who has been in practice for not less than five years to preside over the meeting. (3) The quorum of the meeting referred to in subsection (1) shall be not less than fifty members of the Badan Peguam Syarie. (4) All matters arising in the meeting shall be decided by the majority of the members present and where there is an equality of votes, the Peguam Syarie appointed under subsection (2) shall have a casting vote. Syarie Legal Profession 39 (Federal Territories) (5) The elected member shall hold office until new members elected under section 50 begins office. Election of next Majlis Peguam Syarie members 50. (1) The Majlis Peguam Syarie shall, in the month of September of every two years, fix and publish before the end of the month— (a) the date of nomination to elect a member of the Majlis Peguam Syarie referred to in paragraph 48(2)(b) which shall be in the first week of October of that year; (b) the date of the election which shall be in the last week of October of that year; and (c) the name of three auditors. (2) The election of members of the Majlis Peguam Syarie shall be held within fourteen days before the annual general meeting and shall, subject to section 52, be conducted in such manner as may be prescribed by the rules made under this Act on the date prescribed by the Majlis Peguam Syarie pursuant to subsection (1). (3) Notwithstanding subsections (1) and (2), any unintentional failure on the part of the Majlis Peguam Syarie to comply with this section or any rules made in respect of the election of a member of the Majlis Peguam Syarie shall not invalidate the election. Eligibility to be nominated and appointed as members of Majlis Peguam Syarie 51. Every member of the Badan Peguam Syarie shall be eligible to be nominated or appointed as a member of the Majlis Peguam Syarie provided that he is not disqualified under section 58. 40 Laws of Malaysia ACT 814 Nominations 52. (1) Any nomination of any candidate for the election— (a) shall be in writing and signed by not less than two supporting members; and (b) shall name only one candidate and the consent of the candidate shall be endorsed by the candidate. (2) The names of candidates for the election nominated under subsection (1) shall be sent to or deposited at the office of the Badan Peguam Syarie not later than twenty-one days from the date determined by the Majlis Peguam Syarie for the election of the members of the Majlis Peguam Syarie. Insufficient nominations 53. (1) If the number of the candidates nominated for an election for the Majlis Peguam Syarie are the number of the members required to be elected, those candidates shall be deemed to be elected and, if fewer, the candidates nominated shall be deemed to have been elected as the next members of the Majlis Peguam Syarie and the deemed elected members with the other current members of the Majlis Peguam Syarie shall appoint such further members of the Badan Peguam Syarie as may be necessary to satisfy the requirements of paragraph 48(2)(b). (2) If no nominations are made for the election of the members of the next Majlis Peguam Syarie, the current members of the Majlis Peguam Syarie shall appoint thirteen members of the Badan Peguam Syarie to be the next members of the Majlis Peguam Syarie to satisfy the requirements of paragraph 48(2)(b). (3) Members appointed under subsections (1) and (2) shall, for the purposes of this Act, be deemed to be elected members. Syarie Legal Profession 41 (Federal Territories) Period of holding office of Majlis Peguam Syarie 54. (1) Every member of the Majlis Peguam Syarie elected under section 50 or deemed to be elected under section 53 shall commence his office from 1 January after the election until 31 December of the consequent years. (2) Every member elected under section 50 shall be eligible for re-election. Casual vacancy 55. (1) Any casual vacancy arising amongst the elected members of the Majlis Peguam Syarie shall be filled by the Majlis Peguam Syarie by the appointment of a person qualified under this Act, and the new member shall hold office for the remainder of the term of office of the member he replaces. (2) Notwithstanding any vacancy in the Majlis Peguam Syarie, the continuing members of the Majlis Peguam Syarie may act if there is a full quorum. (3) No act done by or under the authority of the Majlis Peguam Syarie shall be invalid in consequence of any defect subsequently discovered in the election or qualification of the members or any of them. Holders of the Office President, Vice President, Secretary and Treasurer of Badan Peguam Syarie 56. (1) A President, a Vice President, a Secretary and a Treasurer of the Badan Peguam Syarie shall be elected by the Majlis Peguam Syarie amongst its members. (2) The President of the Badan Peguam Syarie shall not hold office for more than two consecutive years. 42 Laws of Malaysia ACT 814 (3) The President of the Badan Peguam Syarie shall also serve as the Chairman of the Majlis Peguam Syarie. (4) In the event of any casual vacancy arising in respect of the office of the President, the Vice President, the Secretary or the Treasurer, the Majlis Peguam Syarie shall, at its next meeting or as soon as may be, elect one of its members to fill the vacancy. (5) The President of the Badan Peguam Syarie shall preside at all meetings of the Majlis Peguam Syarie and the Badan Peguam Syarie. (6) In the case where the President is incapable of excercising his functions as a President, the Vice President shall preside in the meetings of the Majlis Peguam Syarie or the Badan Peguam Syarie, as the case may be. (7) In the case where the President and the Vice President incapable of exercising their functions as a President and Vice President, as the case may be, the meeting of the Majlis Peguam Syarie or the Badan Peguam Syarie shall be presided by any of its members as elected by the Majlis Peguam Syarie. (8) The provisions of the Second Schedule to the Act shall apply to the members of the Majlis Peguam Syarie. Vacancy of Majlis Peguam Syarie members 57. A member of the Majlis Peguam Syarie shall vacate his office if— (a) his name is struck off from the Register or he is suspended from practising as a Peguam Syarie; (b) he becomes of unsound mind; (c) he becomes an undischarged bankrupt; (d) he resigns his seat on the Majlis Peguam Syarie; or (e) he is absent from three consecutive meetings of the Majlis Peguam Syarie without reasonable cause. Syarie Legal Profession 43 (Federal Territories) Disqualification of members of Majlis Peguam Syarie or any of its Committees Disqualification of members of Majlis Peguam Syarie or any of its Committees 58. (1) Any person shall be disqualified from being a member of the Majlis Peguam Syarie or any of its Committees if— (a) he is a member of either House of Parliament, or of a State Legislative Assembly, or of any local authority; or (b) he holds any office in— (i) any trade union; (ii) any political party; or (iii) any other organization, body or group of persons whatsoever, whether or not it is established under any law, whether it is in Malaysia or outside Malaysia, which has objectives or carries on activities which can be construed as being political in nature, character or effect. (2) If a member of the Majlis Peguam Syarie or any of its committees, becomes disqualified under subsection (1), he shall immediately be deemed to have vacated his membership and any office that he may hold. Powers of Majlis Peguam Syarie Powers of Majlis Peguam Syarie 59. (1) The management of the Badan Peguam Syarie and of its funds shall be vested in the Majlis Peguam Syarie. (2) Any power, act or thing which are not by this Act expressly authorized, directed or required to be exercised or done by the Badan Peguam Syarie in 44 Laws of Malaysia ACT 814 a general meeting may, subject to this Act or any resolution passed by the Badan Peguam Syarie in the general meeting, be exercised or done by the Majlis Peguam Syarie. (3) Any resolution passed under subsection (2) shall not invalidate the previous exercise of any powers or the previous doing of any act or thing by Majlis Peguam Syarie which would have been valid if the resolution had not been passed. (4) Without prejudice to the powers under subsections (1), (2) and (3), the Majlis Peguam Syarie shall have the powers— (a) to answer questions affecting the practice and etiquette of the syarie legal profession and the conduct of the members; (b) to take cognizance of any matter affecting the Badan Peguam Syarie or the professional conduct of its members and to bring before any general meeting of the Badan Peguam Syarie any matter which it considers material to the Badan Peguam Syarie or to the interests of the profession and to make any recommendations and take any action as it considers fit; (c) to appoint officers, clerks, agents and employees as it may consider fair and reasonable and to determine their duties and terms of service; (d) to examine and, if it considers fit, report on current law on syariah or proposed legislation and any other legal matters; (e) to represent members of the Majlis Peguam Syarie or any particular member in any matter which may be necessary or expedient; (f) to take part as a watching brief, intervener or amicus curae in any proceeding affecting the interest of the profession and legal issues relating to Muslim; Syarie Legal Profession 45 (Federal Territories) (g) to purchase, lease or otherwise acquire any movable and immovable property for the use of the Badan Peguam Syarie, and to sell, rent, or otherwise dispose of any property; (h) to invest and deal with any moneys of the Badan Peguam Syarie in syariah compliant investment authorized for the investment of trust funds by any written law; (i) to establish, maintain and manage funds of the Badan Peguam Syarie; and (j) to exercise all such powers, privileges and discretions as are not by this Act expressly and exclusively required to be exercised by the members of the Badan Peguam Syarie in a general meeting. Establishment of committees 60. (1) The Majlis Peguam Syarie may establish any committee as the Majlis Peguam Syarie considers necessary or expedient to assist the Majlis Peguam Syarie in exercising its powers. (2) The Majlis Peguam Syarie may delegate to any committee established under subsection (1), with or without restrictions or conditions, any powers of the Majlis Peguam Syarie. (3) Any delegation under this section may at any time be revoked or amended by the Majlis Peguam Syarie and such delegation shall not obstruct the Majlis Peguam Syarie from exercising any of its powers. (4) The number and term of office of the members of a committee established under subsection (1), and the number of these members necessary to form a quorum, shall be fixed by the Majlis Peguam Syarie. (5) Any committee established under subsection (1) may include persons who are not members of the Majlis Peguam Syarie. 46 Laws of Malaysia ACT 814 (6) Where the Majlis Peguam Syarie delegates to a committee established under subsection (1) any of its powers under this Act, at least half of the members of the committee including the chairman are members of the Majlis Peguam Syarie. Returns, reports, accounts and information 61. The Majlis Peguam Syarie shall cause to be prepared and presented to the members of the Badan Peguam Syarie such returns, reports, accounts and information in respect of its management, activity and finances in the annual general meeting. Rights to inspect file and copies of bankruptcy proceedings 62. The Majlis Peguam Syarie may inspect the file of bankruptcy proceedings relating to any Peguam Syarie against whom bankruptcy proceedings have been taken, and to be supplied with the original or certified copies of the proceedings. Names of members of Majlis Peguam Syarie, etc., to be published and confidentiality of deliberations 63. (1) The names of the members and Secretary of the Majlis Peguam Syarie shall be published in the Gazette. (2) Except in so far as may be necessary for the purpose of publishing a report or giving effect to any resolution passed or decision taken, confidentiality of deliberations at all meetings, proceedings or inquiries of the Board, Majlis Peguam Syarie and Disciplinary Board and in respect of all documents in relation to the deliberative process shall be kept and maintained by the members of the Board, Majlis Peguam Syarie, Disciplinary Board and by their staff. (3) Any member of the Board, Majlis Peguam Syarie, Disciplinary Board, and their staff who are involved in any deliberations referred to in subsection (2) shall not be compelled to disclose to any court any information Syarie Legal Profession 47 (Federal Territories) relating to such deliberations unless the court considers such disclosure essential in the interest of justice. PART VIII PROFESSIONAL PRACTICE, ETIQUETTE, CONDUCT AND DISCIPLINE OF PEGUAM SYARIE Power to make rules regulating practice, etc. 64. (1) Without prejudice to any other power to make rules provided under this Act, the Majlis Peguam Syarie may, with the approval of the Minister, make rules for regulating the professional practice, etiquette, conduct and discipline of the Peguam Syarie, control of property belong to the client of the Peguam Syarie and any matters incidental or supplementary to this Part and the Third Schedule to the Act. (2) Any Peguam Syarie who fails to comply with any rules made under this section shall be subjected to disciplinary proceedings. Power to make rules in relation to opening and keeping of accounts, etc. 65. (1) The Majlis Peguam Syarie may, with the approval of the Minister, make rules— (a) to provide for the opening and keeping by a Peguam Syarie of accounts at any Islamic financial institution for clients’ moneys; (b) to provide for the keeping by a Peguam Syarie of accounts containing particulars and information as to moneys received, held or paid by a Peguam Syarie for or on behalf of his clients; (c) to provide for the opening and keeping by a Peguam Syarie who is a sole trustee or co-trustee with one or more of his partner or employee, of an account at any Islamic financial institution for any moneys trusted to him; 48 Laws of Malaysia ACT 814 (d) to provide for the keeping by a Peguam Syarie of accounts containing particulars and information as to moneys received, held or paid by him for or on account of any such trust; (e) to provide for the keeping of money received for or on behalf of the client in a separate account for the benefit of the client; and (f) to empower the Majlis Peguam Syarie to take such action as may be necessary to enable it to ascertain whether the rules are being complied with or otherwise. (2) Nothing in this subsection, or in any rules made under this section, shall— (a) affect any arrangement in writing, whenever made, between a Peguam Syarie and his client as to the application of the client’s moneys or interest; and (b) apply to moneys received by a Peguam Syarie being moneys subject to a trust of which he is a sole trustee or co-trustee with one or more of his partner or employee. (3) Disciplinary proceedings may be taken against any Peguam Syarie who fails to comply with any rules made under this section. (4) In this section, the words “trust” and “trustee” extend to implied and constructive trusts and to cases where the trustee has a beneficial interest in the trust property and to the duties incidental to the office of a personal representative, and “trustee”, where the context admits, includes a personal representative. Power to make rules in relation to professional indemnity 66. (1) The Majlis Peguam Syarie may, with the approval of the Minister, make rules concerning the taking out of professional indemnity for every Peguam Syarie against any class of professional liability and the rules may, for the purpose of providing such indemnity, do all or any of the following: Syarie Legal Profession 49 (Federal Territories) (a) authorize the Majlis Peguam Syarie to take out and maintain takaful in the name of the Badan Peguam Syarie with any person permitted by law to carry on professional liability takaful business or pecuniary loss takaful business and covering all practicing Peguam Syarie; (b) authorize the Majlis Peguam Syarie to establish and maintain a fund for the purpose of the professional indemnity; or (c) require all Peguam Syarie to take out and maintain takaful. (2) Without prejudice to the generality of subsection (1), rules made under this section may— (a) specify the terms and conditions on which professional indemnity is to be available; (b) provide for the management, administration and protection of any fund established under subsection (1) and require all Peguam Syarie to make payments to such fund; (c) require all Peguam Syarie to make payments by way of premiums on any takaful taken out under subsection (1) and provide for proceedings by the Majlis Peguam Syarie or its takaful insurers against any Peguam Syarie who fails to do so for the recovery of the payment of the relevant premiums; (d) prescribe the conditions which a takaful has to satisfy for the purpose of paragraph (1)(c); (e) authorize the Majlis Peguam Syarie to determine the amount of any payment required by the rules; (f) specify the circumstances in which where a Peguam Syarie has failed to comply with the rules, proceedings in respect of any sum paid by way of indemnity may be taken against him by the Badan Peguam Syarie or the takaful insurers; 50 Laws of Malaysia ACT 814 (g) prescribe that a Peguam Syarie shall not be entitled to obtain a Supporting Acknowledgement unless he is insured as required by the rules for the period to which the Supporting Acknowledgement relates; (h) empower the Majlis Peguam Syarie to take such steps as it considers necessary or expedient to ascertain and ensure that the rules are complied with; and (i) contain such procedural, incidental or other provisions as may be necessary or expedient for the purposes of the rules. (3) Nothing in this section shall affect the right of any Peguam Syarie, in addition to the indemnity provided in the rules made under this section, to insure himself further against loss arising from such claims as may be instituted against him. Peguam Syarie shall submit accountant’s report 67. (1) All Peguam Syarie shall submit to the Chief Registrar in any application for an Annual Practising Certificate, a report signed by an accountant, referred to as “accountant’s report” in this section. (2) The accountant’s report referred to in subsection (1) shall— (a) state that the accountant in compliance with this section and any rules made under this section has examined the books, accounts and documents of the firm of the Peguam Syarie for such accounting period as specified in the report; (b) state whether the accountant is satisfied, from his examination of the books, accounts and documents produced to him and from the information and explanations given to him, that during the said accounting period of the Peguam Syarie or his firm has complied with any rules made under section 65; (c) state, if the accountant is not satisfied, the matters in respect of which he is not satisfied with; Syarie Legal Profession 51 (Federal Territories) (d) contain any information as prescribed by the rules made by the Majlis Peguam Syarie under section 65; and (e) submit to the Chief Registrar within the period of not more than twelve months or such other period as prescribed by the rules made under this section, after the end of the accounting period specified in the report. (3) Subject to any rules made under this section, the accounting period for the purposes of an accountant’s report referred to in subsection (1) shall— (a) begin at the expiry of the last preceding accounting period for which an accountant’s report has been delivered; (b) cover not less than twelve months in a calendar year; (c) end not more than twelve months before the date on which the report is submitted to the Chief Registrar; and (d) consistent with paragraphs (a), (b) and (c) correspond to a period or consecutive period for which the accounts of a Peguam Syarie or his firm are ordinarily made up. (4) Any Peguam Syarie who fails to comply with this section shall be subject to disciplinary proceedings. Power to make rules in relation to examination of accountant’s report, etc. 68. (1) The Majlis Peguam Syarie shall, with the approval of the Minister, make rules to give effect to this section and without prejudice to the generality of sections 65 and 67, the rules shall prescribe the nature and extent of the examination to be made by the accountant of the books and accounts of the firm of any Peguam Syarie and of any other relevant documents with a view to the preparation of the report to be submitted by the Peguam Syarie under this section. 52 Laws of Malaysia ACT 814 (2) The rules referred to in subsection (1) may include provisions for— (a) permitting in any special circumstances as defined in the rules a different accounting period from the period specified in subsection 67(3); and (b) regulating any matters of procedure or matters incidental or supplemental to this section. (3) Any Peguam Syarie who fails to comply with this section or any rules made under this section shall be subject to disciplinary proceedings. Peguam Syarie shall not wilfully and knowingly acting as agent 69. (1) Any Peguam Syarie shall not wilfully and knowingly— (a) act as an agent in any legal proceedings of any kind or in any matter which under this Act may be done only by a Peguam Syarie who has a valid Annual Practising Certificate; (b) permit his name to be used in any legal proceedings or matter on behalf or for the profit of such other Peguam Syarie, or send any process to such other Peguam Syarie, or (c) do any other act enabling the Peguam Syarie to appear, act, practise or purport to practise as a Peguam Syarie in any such proceedings or matter. (2) A Peguam Syarie shall not authorize any unauthorized person to operate any bank account in his name or in the name of his firm and maintained by him or his firm in connection with his practice as a Peguam Syarie. (3) Any Peguam Syarie who has acted in contravention of subsection (1) or (2) shall be subject to disciplinary proceedings. Syarie Legal Profession 53 (Federal Territories) Peguam Syarie shall not employ undischarged bankrupt, etc. 70. (1) A Peguam Syarie shall not, in connection with his practice, employ or remunerate any person whom in his knowledge— (a) is an undischarged bankrupt; (b) his name has been struck off from the Register otherwise than at his own request in any State and his name remains struck off; (c) has been suspended from practising as a Peguam Syarie in any State and remains suspended; (d) has been convicted of any offence under this Act; (e) has been convicted of an offence involving dishonesty or fraud or has been found guilty of an offence under the Malaysian Anti-Corruption Commision Act 2009 [Act 694]; (f) has been convicted of any offence under section 15A of the Minor Offences Act 1955 [Act 336]; or (g) is employed as a public officer. (2) Any Peguam Syarie who acts in contravention of this section shall be subject to disciplinary proceedings. Client’s property, document, money, etc. Taking over property, etc., by the Majlis Peguam Syarie 71. (1) The Majlis Peguam Syarie may, if it has reasonable cause to believe that any Peguam Syarie, his partner or employee has committed an offence of dishonesty in connection with the Peguam Syarie practice as a Peguam Syarie or in connection with any trust of which the Peguam Syarie is a sole trustee or co-trustee with his partner or employee, issue a certificate to that effect. 54 Laws of Malaysia ACT 814 (2) Upon issuance of the certificate, any property, document which belong to, or any money due to, the client of the Peguam Syarie or any trust held by the Peguam Syarie, his partner or employee shall be dealt with by the Majlis Peguam Syarie in accordance with the provisions of the Third Schedule to the Act. Making arrangements when Peguam Syarie is suspended from practice 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). Power of Majlis Peguam Syarie to take possession of documents, etc., from Peguam Syarie 73. (1) If— (a) a complaint is made to the Majlis Peguam Syarie that there has been undue delay on the part of a Peguam Syarie in connection with any matter in which the Peguam Syarie or his firm has been instructed on behalf of a client or any matter which relates to the administration of a trust of which that the Peguam Syarie is the sole trustee or co-trustee with one or more of his partner or employee; (b) the Majlis Peguam Syarie by notice in writing require the Peguam Syarie to give an explanation in respect of that matter; (c) the Peguam Syarie has, within a period of not less than twenty one-days specified in the said notice, failed to give an explanation in respect of that matter which the Majlis Peguam Syarie regard as sufficient and satisfactory; and (d) the Peguam Syarie has been notified in writing by the Majlis Peguam Syarie that he has failed to give explaination, the provision of the Third Schedule to the Act except paragraph 10 shall apply to the Peguam Syarie, but as regards the documents specified in paragraph 1 of the Third Schedule to the Act and the sums of money specified in paragraph 12 of the Third Schedule to the Act, only in so far as the documents and money relate to the subject matter of the complaint. 56 Laws of Malaysia ACT 814 (2) The Majlis Peguam Syarie may, for the purposes of paragraph 9 of the Third Schedule to the Act, take copies of, or extract from, documents which relate to the matter complained of and to other matters in the practice of the Peguam Syarie. (3) In this section, the words “trust” and “trustee” have the same meaning as in subsection 65(4). Power of Majlis Peguam Syarie to take possession of documents, etc., from Peguam Syarie when he is undischarged bankrupt, etc. 74. (1) If a Peguam Syarie practises in his own name or as a Peguam Syarie under a firm name and— (a) is an undischarged bankrupt or a bankruptcy order is in force against him; (b) has entered into a composition with his creditors or a deed of arrangement for the benefit of his creditors; (c) has had an order of committal or an order for the issue of a writ of attachment made against him; or (d) is a mentally disordered person as defined under the Mental Health Act 2001 [Act 615], and the Majlis Peguam Syarie has reasonable cause to believe that in consequence of the act, default or disability of the Peguam Syarie or his employee— (i) there has been undue delay in connection with any matter in which the Peguam Syarie or his firm has been instructed on behalf of a client on any matter which relates to the administration of a trust of which the Peguam Syarie is the sole trustee or co-trustee with one or more of his partner or employee; or Syarie Legal Profession 57 (Federal Territories) (ii) any sum of money due from the Peguam Syarie or his firm to his clients or held by him or his firm on behalf of his clients, or subject to any trust of which he is the sole trustee or co-trustee with one or more of his partner or employee, are in jeopardy while in the control or possession of that Peguam Syarie or his firm, the provision of the Third Schedule to the Act except paragraph 10 shall apply to the Peguam Syarie. (2) The Majlis Peguam Syarie may, for the purposes of paragraph 9 of the Third Schedule to the Act take copies of, or extract from, documents which relate to any matter referred to in subparagraph (1)(i) or to any sum of money referred to in subparagraph (1)(ii) or to that matter or sum of money, as the case may be, and to other matters in the practice of the Peguam Syarie. (3) In this section, the words “trust” and “trustee” have the same meaning as in subsection 65(4). Personal representative liable for acts of deceased Peguam Syarie 75. (1) Where— (a) the Majlis Peguam Syarie has reasonable cause to believe that the personal representatives of a deceased Peguam Syarie who immediately before his death was practising as a Peguam Syarie in his own name, have been guilty of dishonesty or undue delay in administering the affairs of the Peguam Syarie practice or in connection with any trust of which the Peguam Syarie was the sole trustee or co-trustee with one or more of his partner or employee; or (b) a Peguam Syarie dies and immediately before his death the provisions of the Third Schedule to the Act applies to him, the provisions of the Third Schedule to the Act except paragraph 10 shall apply to the personal representatives of the Peguam Syarie and shall continue to apply 58 Laws of Malaysia ACT 814 to the personal representatives of the Peguam Syarie as they apply or applied, as the case may be, in relation to the Peguam Syarie referred to in those provisions and as if the words “the personal representatives” were, with the necessary adaptations, substituted for the words “the Peguam Syarie” wherever these words appear in those provisions. (2) In this section, the words “trust” and “trustee” have the same meaning as in subsection 65(4). Majlis Peguam Syarie shall operate bank account of deceased Peguam Syaries’ client 76. Upon the death of any Peguam Syarie who immediately before his death was practising as a Peguam Syarie in his own name, the right to operate, or otherwise deal with, any banking account in the name of the Peguam Syarie or his firm, being an account into which has been paid any clients’ money, shall, notwithstanding anything to the contrary contained in this Act, vest in the Majlis Peguam Syarie to the exclusion of any personal representatives of the Peguam Syarie and shall be exercisable as from the death of the Peguam Syarie. PART IX DISCIPLINARY PROCEEDINGS Disciplinary authority 77. (1) The Majlis Peguam Syarie shall have disciplinary authority over all Peguam Syarie and pupil. (2) The Majlis Peguam Syarie may exercise disciplinary jurisdiction over any complaint concerning the misconduct of any Peguam Syarie and pupil. (3) The Majlis Peguam Syarie shall establish a mechanism, including the establishment of a Disciplinary Board to deal with the complaint or information received against a Peguam Syarie and any other committees to assist the Disciplinary Board. Syarie Legal Profession 59 (Federal Territories) (4) For the purposes of this Part— “Disciplinary Board” means the Disciplinary Board established by the Majlis Peguam Syarie under subsection (3); “misconduct” means any conduct of, or omission to act by, a Peguam Syarie in a professional capacity or otherwise which amounts to grave impropriety and includes— (a) conviction of a criminal offence which makes him unfit to be a member of his profession; (b) breach of duty to a syariah court including any failure by him to comply with an undertaking given to the syariah court; (c) dishonest or fraudulent conduct in the performance of his duties; (d) breach of any rules of practice and etiquette of the profession made by the Majlis Peguam Syarie under this Act or otherwise; (e) being an adjudicated bankrupt; (f) the tendering or giving of any gratification to any person for having procured the employment in any syariah legal business of himself or any other Peguam Syarie; (g) directly or indirectly procuring or attempting to procure the employment of himself or any other Peguam Syarie through or by the instruction of any person to whom any remuneration for obtaining such employment has been given by him or agreed or promised to be so given; (h) accepting employment in any syariah legal business through a tout; (i) allowing any unauthorised person to carry on syariah legal business in his name without his direct and immediate control as principal or without proper supervision; 60 Laws of Malaysia ACT 814 (j) the carrying on by himself, directly or indirectly, of any profession, trade, business or calling which is incompatible with the syariah legal profession or being employed for reward or otherwise in any such profession, trade, business or calling; (k) the breach of any provision of this Act or any rules made under this Act or any direction or decision of the Majlis Peguam Syarie; (l) the removal or the striking off of his name from the Register, suspension or censure in his capacity as a Peguam Syarie in any other States or being guilty of misconduct which would render him to be punished in any other States; (m) the charging, in the absence of a written agreement, in respect of the professional services rendered to a client, of fees or costs which are grossly excessive in all the circumstances; (n) gross disregard of his client’s interests; and (o) acting in any matter which is unbefitting of a Peguam Syarie or which brings or is calculated to bring the syariah legal profession into disrepute. Complaint against Peguam Syarie or pupil 78. (1) Any complaint to the Disciplinary Board concerning the misconduct of any Peguam Syarie or of any pupil shall be in writing. (2) Any syariah court, Syariah Court Judge or Syariah Prosecutor may at any time refer any complaints against any Peguam Syarie or pupil to the Disciplinary Board. (3) Nothing in this section shall be taken to preclude the Majlis Peguam Syarie from making any complaint of its own motion to the Disciplinary Board against any Peguam Syarie or pupil. (4) All complaints made or referred to the Disciplinary Board under this section shall be dealt with in accordance with the rules made under this Act. Syarie Legal Profession 61 (Federal Territories) Complaint against firm 79. (1) Any complaint to the Disciplinary Board against a firm shall be in writing and the complaint shall be deemed to be made— (a) in the case of a sole proprietorship, against the Peguam Syarie who was at the material time the sole proprietor of the firm; or (b) in the case of a partnership, against all the Peguam Syarie who were at the material time partners of the firm, unless the firm satisfies the Disciplinary Board of the identity of the Peguam Syarie in the firm against whom the complaint has arisen. (2) If at any stage of the proceedings the Disciplinary Board is satisfied that a complaint made against a firm shall be directed against a particular Peguam Syarie, the Disciplinary Board shall forthwith replace the name of the firm with the name of the Peguam Syarie concerned. (3) All complaints against any firm shall be dealt with in accordance with the rules made under this Act. Limitation of disciplinary jurisdiction 80. (1) Any complaint in respect of the misconduct of any Peguam Syarie or of any pupil shall not be inquired into by the Disciplinary Board after the expiration of six years from the date on which the right of action accrued. (2) Notwithstanding subsection (1), if— (a) the complaint is based upon the fraud of the Peguam Syarie or his agent or of any person through whom the Peguam Syarie or his agent claims; or (b) the right of action to bring the complaint is concealed by the fraud of the Peguam Syarie or of his agent or any person through whom he or his agent claims, 62 Laws of Malaysia ACT 814 the period of limitation shall not begin to run until the complainant has discovered the fraud, or could with reasonable diligence have discovered it. Power to obtain documents 81. (1) The Disciplinary Board may, at any stage after a complaint has been received, require the production of such further documents or explanations from the complainant, Peguam Syarie or any other person as the Disciplinary Board may require. (2) Any Peguam Syarie or any other person who without reasonable excuse refuses or fails to produce to the Disciplinary Board any document or fails to give any information which may relate to the subject matter of the complaint commits an offence and shall, on conviction, be liable to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding ninety days or to both. Disciplinary penalty or punishment 82. (1) The Disciplinary Board may, upon the conclusion of any stage of the disciplinary proceedings, impose one or more of the following penalties or punishments: (a) the recording of a reprimand or censure against the name of the Peguam Syarie in the Register; (b) imposition of a fine not exceeding fifty thousand ringgit; (c) the suspension of the Peguam Syarie from practice for such period not exceeding five years; or (d) the striking off the name of the Peguam Syarie from the Register. (2) Notwithstanding subsection (1), the Disciplinary Board may also make an order of restitution of the complainant’s moneys if it is established that the moneys were or are held by the Peguam Syarie in his professional capacity Syarie Legal Profession 63 (Federal Territories) and the complainant is entitled to the return of the moneys or part of the moneys. (3) The Disciplinary Board shall, before imposing any one or more of the penalties or punishments under subsection (1) or making an order of restitution under subsection (2), notify the Peguam Syarie of its intention to do so and give him a reasonable opportunity to be heard. (4) If the Disciplinary Board makes an order that the Peguam Syarie should make restitution to the complainant, the Disciplinary Board may stipulate the time within which such restitution shall be made. (5) The return of the moneys or part of the moneys referred to in subsection (2) may be recoverable by the complainant as a civil debt. Suspension of Peguam Syarie 83. If a Peguam Syarie— (a) has been found guilty by a court of law of any offence involving dishonesty, misuse or misappropriation of any money or property of a client or of any other person; (b) has been struck off his name from the Register; (c) has been barred, suspended, reprimanded or censured in his capacity as Peguam Syarie in any other States; (d) is the subject of a complaint concerning any dishonest act committed by him in his capacity as a Peguam Syarie; (e) has left the country or has not attended his office in such circumstances that the Majlis Peguam Syarie may reasonably presume that he has absconded; or (f) is otherwise incapable from infirmity of body or mind or any other cause of effectively performing the functions of a Peguam Syarie, 64 Laws of Malaysia ACT 814 and the Majlis Peguam Syarie considers that it would be in the public interest or in the interest of his clients or of the profession that the Peguam Syarie be suspended from practice, the Majlis Peguam Syarie may apply to the Disciplinary Board for an order suspending the Peguam Syarie from practice until further notice is given. Appeal against order or decision of the Disciplinary Board 84. Any person who is aggrieved by any order or decision made against him by the Disciplinary Board in exercise of its disciplinary jurisdiction may appeal to the Syariah High Court within thirty days of the receipt of the notification of the order or decision. Power to make rules in relation to disciplinary proceedings 85. (1) The Majlis Peguam Syarie may make rules to regulate— (a) the receipt of complaints or information relating to any disciplinary matter that may be inquired into by the Disciplinary Board; (b) the procedure for the establishment of other committees to assist the Disciplinary Board in conducting inquiry relating to any disciplinary matter that may be inquired into by the Disciplinary Board; and (c) the procedure relating to the conduct of the disciplinary proceedings. (2) Rules made under this section may prescribe any act in contravention of the rules to be an offence and may be prescribe penalties of a fine not exceeding five thousand ringgit or imprisonment for a term not exceeding three years or both for such offence. Syarie Legal Profession 65 (Federal Territories) PART X DISCIPLINE FUND Establishment of Discipline Fund 86. (1) The Badan Peguam Syarie shall establish, maintain and administer a fund which shall be known as the Discipline Fund. (2) Every Peguam Syarie shall, when he applies for a Supporting Acknowledgement, pay to the Badan Peguam Syarie a contribution to the Discipline Fund as determined by the Majlis Peguam Syarie. Payment of cost, etc., out of Discipline Fund 87. All cost, charges and expenses for the purposes of any disciplinary proceeding under this Act shall be defrayed out of the Discipline Fund. Payment of fine, etc., into Discipline Fund 88. Any fine, penalty, or any other payment ordered to be paid by the Disciplinary Board shall be paid into the Discipline Fund. PART XI MISCELLANEOUS No action against Badan Peguam Syarie, Majlis Peguam Syarie, Disciplinary Board, etc., for act done 89. No action or proceeding shall be brought against the Badan Peguam Syarie, Majlis Peguam Syarie, Disciplinary Board or any of its members for any act or thing done under this Act in any court unless it is proven that the act or thing was done in bad faith or with malice. 66 Laws of Malaysia ACT 814 Confidentiality 90. The order, decision, resolution and direction of the Disciplinary Board, Badan Peguam Syarie and Majlis Peguam Syarie shall be treated as confidential unless and until it is necessary to disclose for the purpose of enforcing this Act. Peguam Syarie removed from Advocate and Solicitor’s Roll 91. Any Peguam Syarie who is practising as an advocate and solicitor under the Legal Profession Act 1976 whose name has been removed from the Roll of Advocates and Solicitors of the High Court kept by the Registrar of the High Court shall be duly removed from all the registers kept and maintained under this Act. Power to prescribe fees 92. The Minister may makes rules relating to the fees payable under sections 23, 24, 29 and 31. Power to amend Schedules 93. The Minister may by order published in the Gazette amend the Schedules to this Act. FIRST SCHEDULE [Subsection 6(5)] SUPPLEMENTARY PROVISIONS RELATING TO THE SYARIE LEGAL PROFESSION QUALIFYING BOARD Meeting of the Board 1. (1) The Chairman may at any time direct the Secretary to the Board to summon a meeting of the Board. Syarie Legal Profession 67 (Federal Territories) (2) Any three members of the Board may at any time in writing request the Secretary to the Board to summon a Board’s meeting, provided that the three members inform the Secretary to the Board their motion to convene the meeting. (3) The Chairman, or in his absence, the Deputy Chairman, shall preside at the meeting of the Board. (4) If the Chairman and the Deputy Chairman are absent, the members of the Board present shall elect from among themselves a member to preside over the meeting and the person elected shall have all the powers of the Chairman for the purpose of and for the duration of the meeting. (5) The Board shall meet at least four times a year. Secretary to summon meeting 2. (1) The Secretary shall summon meeting of the Board within fourteen days from the receipt of a direction from the Chairman or a request from the members of the Board, respectively, under subparagraph 1(1) or 1(2). (2) The written notice shall be served at least seven days before the meeting of the Board, but the Chairman may, if he considers that there is an urgent need to summon a meeting at a shorter notice, direct that the requirement of seven days’ notice be dispensed with. Quorum 3. Five members of the Board shall constitute a quorum for any meetings of the Board. Casting vote 4. All matters required to be determined in the meeting of the Board shall be decided by the majority of votes of the members present and where there is an equality of votes, the Chairman or the acting Chairman shall have a casting vote in addition to his deliberative vote. Attendance of non-members 5. (1) The Chairman may invite any person who is not a member of the Board to any meeting of the Board, if the business before the meeting renders the presence of such person. (2) The person invited under subsection (1) shall be entitled to participate in its deliberation, but shall not be entitled to vote. 68 Laws of Malaysia ACT 814 Minutes of the Board’s meeting 6. (1) The Secretary to the Board shall cause minutes of all meetings to be maintained and kept in a proper form. (2) At every meeting the minutes of the previous meeting shall be read and confirmed, subject to any amendment which may be required. (3) All minutes shall be verified and signed by the Chairman. (4) The minutes of the meetings of the Board shall be accepted as an evidence of the fact specified in the minutes without any further proof if it is duly signed. Procedure 7.

The Board may regulate its own procedure. Disclosure of interest 8. (1) Every member of the Board who has, directly or indirectly, any interest in matters which will be considered by the Board shall disclose to the Board the fact and type of the interest. (2) The disclosure under subsection (1) shall be recorded in minutes of the meetings of the Board, and unless it is permitted by the Chairman, the member who has any interest in such matter shall not take part or be present in any deliberation or decision process of the Board relating to that matter. Validity of acts and proceedings 9. No act done or proceedings taken under this Act may be questioned on the ground that— (a) there is any vacancies in the membership; (b) there is any defects in the establishment of the Board; (c) there is an infringement of paragraph 8 by any members of the Board; or (d) there is any omissions, defects or irregularities affecting the merit of the case. Syarie Legal Profession 69 (Federal Territories) SECOND SCHEDULE [Subsections 45(2), 48(3) and 56(8)] SUPPLEMENTARY PROVISIONS RELATING TO THE BADAN PEGUAM SYARIE AND MAJLIS PEGUAM SYARIE PART I BADAN PEGUAM SYARIE Annual General Meeting 1. (1) The Majlis Peguam Syarie shall convene an annual general meeting of the Badan Peguam Syarie before the last day of November each year. (2) A notice of an annual general meeting of the Badan Peguam Syarie shall be served to all members, in such manner as the Majlis Peguam Syarie may determine, not less than fourteen days before the date of the meeting. (3) The requirement under subparagraph (2) shall not apply if an annual general meeting is adjourned under subparagraph 2(2). (4) If any member desires to propose any motion to be considered at an annual general meeting convened under this paragraph, he shall, not less than seven days before the date first appointed for holding the meeting, serve on the Secretary of the Badan Peguam Syarie a notice of such motion in writing. Quorum of annual general meeting 2. (1) The quorum for an annual general meeting shall be four times of the number of the members of Majlis Peguam Syarie and no business shall be transacted at any annual general meeting unless a quorum is present when the meeting proceeds to business. (2) If a quorum referred to in subparagraph (1) is not present within one hour from the time appointed for holding the meeting, the meeting shall be adjourned to the following day at the same time and place unless otherwise notified to the members by Majlis Peguam Syarie in the notice summoning the original meeting, and if at such adjourned annual general meeting the quorum is not present within one hour from the time appointed for holding the adjourned meeting, the members present shall constitute the quorum. 70 Laws of Malaysia ACT 814 Extraordinary General Meeting 3. (1) The Majlis Peguam Syarie may convene a general meeting of the Badan Peguam Syarie other than the annual general meeting at any time the Majlis Peguam Syarie considers it necessary or expedient and such meeting shall be known as an extraordinary general meeting. (2) Not less than one fifth of the members of the Badan Peguam Syarie may at any time request an extraordinary general meeting by written notice signed by them and served on the President, Vice President or the Secretary of the Badan Peguam Syarie. (3) The written notice shall specify the matter to be discussed in the proposed extraordinary general meeting. (4) The Majlis Peguam Syarie shall, upon receiving the written notice under subparagraph (2), convene an extraordinary general meeting within thirty days. (5) If the Majlis Peguam Syarie fails to convene an extraordinary general meeting as required under subparagraph (4), the member who requested for the extraordinary general meeting may convene the extraordinary general meeting within sixty days of the receipt of the written notice under subparagraph (2). (6) If any member of the Badan Peguam Syarie desires to propose any motion to be considered at an extraordinary general meeting to be convened under this paragraph, he shall serve upon the Secretary of the Badan Peguam Syarie notice of motion in writing within a period of not less than seven days before the date of the meeting. Quorum of extraordinary general meeting 4. (1) The quorum for an extraordinary general meeting convened under paragraph 3 shall be one third of the members of Badan Peguam Syarie, and no business shall be transacted at any extraordinary general meeting unless a quorum is present when the meeting proceeds to business. (2) An extraordinary general meeting convened under this paragraph shall be dissolved if a quorum is not present within one hour from the time appointed for holding the meeting. Voting 5. At every annual general meeting and extraordinary general meeting of the Badan Peguam Syarie, every member present shall have one vote and where there is an equality of votes, the chairman or the acting chairman of the meeting shall have a casting vote in addition to his deliberative vote. Syarie Legal Profession 71 (Federal Territories) PART II MAJLIS PEGUAM SYARIE Meeting of Majlis Peguam Syarie 6. Meeting of the Majlis Peguam Syarie shall be held at least three times a year at any time and place set by the Chairman or the Majlis Peguam Syarie. Quorum 7. Five members personally present at any meeting of the Majlis Peguam Syarie shall constitute a quorum for the transaction of any business. Voting 8. (1) A decision of the majority of the members of the Majlis Peguam Syarie present and voting at any meeting of the Majlis Peguam Syarie shall be deemed to be a decision of the Majlis Peguam Syarie. (2) The Chairman shall have a casting vote at any meeting of the Majlis Peguam Syarie in addition to his deliberative vote. Procedure 9. The Majlis Peguam Syarie may regulate its own procedure. Expenses of members 10. No fees shall be paid to any member of the Majlis Peguam Syarie but a member may be reimbursed from the funds of the Badan Peguam Syarie for the travelling expenses incurred by him in relation to the affairs of the Badan Peguam Syarie. THIRD SCHEDULE [Subsections 64(1), 71(2), sections 72, 73, 74 and 75] CONTROL OF PROPERTY, DOCUMENT, MONEY, ETC., OF A CLIENT IN CERTAIN CASES 72 Laws of Malaysia ACT 814 1. The Majlis Peguam Syarie may require the production or delivery of 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. 2. The production and delivery of documents referred to in paragraph 1 shall be made to any person appointed by the Majlis Peguam Syarie at the time and place to be determined by the Majlis Peguam Syarie and the appointed person may take possession of the documents on behalf of the Majlis Peguam Syarie. 3. Any Peguam Syarie, his partner or his employee who fails to comply with any requirement under paragraphs 1 and 2, commits an offence and shall, on conviction, be liable to a fine not exceeding five hundred ringgit. 4. The Majlis Peguam Syarie may apply to the Syariah High Court or judge in chambers to allow any persons appointed by the Majlis Peguam Syarie to enter any premises using such force as is reasonably necessary to search for, and take possession of, the documents referred to in the paragraph 1. 5. The Majlis Peguam Syarie shall, upon the taking possession of such documents, serve upon the Peguam Syarie, his partner or employee or any person from whom those documents were received, or from whose premises the documents were taken pursuant to an order made under paragraph 4, a notice giving particulars and the date of taking possession. 6. Any requirement or notice under this Schedule shall be made in writing under the hand of such person as appointed by the Majlis Peguam Syarie for the purpose and may be served on any person either personally or by forwarding it by registered letter addressed to his last known place of business or residence. 7. The Peguam Syarie or other person upon whom the notice was served may, within fourteen days after the service of a notice under paragraph 5, apply to a judge in chambers for an order directing the Majlis Peguam Syarie to return those documents to the person from whom the documents were received, or from whose premises the documents were taken, as the case may be, by the Majlis Peguam Syarie or to such other person as the applicant may require, and on the hearing of any such application the judge in chambers may make such order with respect to the matter as he may think fair and reasonable. 8. If no application is made under paragraph 7 or if the judge in chambers to whom any such application is made directs that the documents shall remain in the custody or control of the Majlis Peguam Syarie, the judge in chambers may make inquiries to ascertain the person to whom those documents belong and may deal with those documents in accordance with the directions of that person. 9. The Majlis Peguam Syarie may, before dealing with the documents, take copies of, or extracts from, any of the documents. Syarie Legal Profession 73 (Federal Territories) 10. The Syariah High Court or judge in chambers may, on the application of the Majlis Peguam Syarie, order that no payment shall be made, without the leave of the Syariah High Court or judge in chambers, by any banker in the name of a Peguam Syarie or his firm. 11. In any case where the Majlis Peguam Syarie has taken possession of the documents under paragraph 2, and has not been required to return the documents under paragraph 7, the following paragraphs shall apply. 12. The Majlis Peguam Syarie may, on a resolution, take control of all sums of money due from the Peguam Syarie or his firm, or held by him or his firm on behalf of, his or his firm’s clients or subject to any trust of which the Peguam Syarie is the sole trustee or co-trustee with one or more of his partner or employee and for that purpose the Majlis Peguam Syarie shall serve on the Peguam Syarie or his firm, and on any banker and on any other person having possession or control of any such sums of money a notice, together with a certified copy of the resolution, prohibiting the payment out of such sums of money otherwise than pursuant to paragraph 14 or 15. 13. The Peguam Syarie or his firm, or the banker or other person upon whom the notice was served may, within fourteen days of the service of a notice under paragraph 12, apply to a judge in chambers for an order directing the Majlis Peguam Syarie to withdraw the notice and on the hearing of the application the judge in chambers may make any order with respect to the matter as he may think fair and reasonable. 14. The Majlis Peguam Syarie or any person appointed by the Majlis Peguam Syarie may, subject to the service of any notice under paragraph 12, and to any application that may be made under paragraph 13, withdraw the moneys or any part of the moneys, in any banking account in the name of the Peguam Syarie or his firm due to be held on behalf of his client, and deposit the money into a special account in the name of the Majlis Peguam Syarie or such person appointed by the Majlis Peguam Syarie and otherwise deal with, such special account as the Peguam Syarie or his firm might have operated on, or otherwise deal with, the banking account. 15. Any banker with whom any such special account is kept shall be under no obligation to ascertain that account is being operated or otherwise dealt with. 16. (1) The Majlis Peguam Syarie may, subject to paragraphs 13 and 15, serve a notice on the Peguam Syarie or his firm, banker or other person upon whom a notice has been served under paragraph 11, directing that, immediately after the expiration of eight days from the service of the notice referred to in paragraph 5, such moneys as referred to in that notice be transferred in accordance with the directions of the Majlis Peguam Syarie. (2) Notwithstanding subparagraph (1)— (a) no such directions shall be given by the Majlis Peguam Syarie except with the approval of the person to whom the moneys belong, in the case of a trust the trustee, and, where the Peguam Syarie is the sole trustee or co-trustee with one or 74 Laws of Malaysia ACT 814 more of his partner or employee, the person beneficially entitled to the moneys; and (b) the person upon whom the notice referred to in paragraph 3 has been served shall be under no obligation to ascertain whether any approval has been obtained. (3) In any case where the Majlis Peguam Syarie is unable to ascertain the person to whom the moneys belong or where the Majlis Peguam Syarie otherwise thinks it expedient so to do, the Majlis Peguam Syarie may apply to the Syariah High Court or a judge in chambers for directions as to the transfer of the moneys. 17. If any person fails to comply with the requirements of any notice given under paragraph 12 or 13— (a) he commits an offence and shall, on conviction, be liable to a fine not exceeding five hundred ringgit; and (b) the Syariah High Court or a judge in chambers may, on the application of the Majlis Peguam Syarie, order that person to comply with the requirements of the notice within the time as may be specified in the order. 18. Subject to any order for the payment of costs that may be made on an application under this Schedule, any costs incurred by the Majlis Peguam Syarie for the purpose of this Schedule shall be paid by the Peguam Syarie and shall be recoverable from him as a debt due to the Majlis Peguam Syarie. 75 LAWS OF MALAYSIA Act 814 SYARIE LEGAL PROFESSION (FEDERAL TERRITORIES) ACT 2019 LIST OF AMENDMENTS Amending law Short title In force from P.U. (A) 285/2024 Syarie Legal Profession 05-10-2024 (Federal Territories) (Amendment of Second Schedule) Order 2024 76 LAWS OF MALAYSIA Act 814 SYARIE LEGAL PROFESSION (FEDERAL TERRITORIES) ACT 2019 LIST OF SECTIONS AMENDED Section Amending authority In force from Second Schedule P.U. (A) 285/2024 05-10-2024