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Legal Aid Act 1971 Part II — Administration

s 3–s 9 · 7 sections

Director General of Legal Aid and other persons assisting him

s 3

(1) The Minister may appoint from amongst members of the Judicial and Legal Service of the Federation a person to be or to act as a Director General of Legal Aid. (2) The Director General shall be assisted by such other person as the Minister may appoint and who shall carry such designation or designations as the Minister may determine. (3) Notwithstanding any provision of any written law to the contrary, the Director General and any person appointed under subsection (2) shall, for the purposes of this Act, have the right to appear and plead in all courts in Malaysia. (4) For the purposes of this Act, every person appointed under subsection (2) shall be subject to the general direction and supervision of the Director General, and subject thereto, shall have and exercise all the powers conferred on the Director General by or under this Act, other than those conferred by sections 5 and 27. (5) Every person appointed under subsection (2) shall, unless he is already a public servant— (a) receive such remuneration as the Yang di-Pertuan Agong may determine; (b) be deemed to be a public servant within the meaning of the Penal Code [Act 574].

Overall supervision by the Minister

s 4

(1) The Director General shall be responsible to the Minister. (2) The Minister may from time to time issue directions to the Director General not inconsistent with the provisions of this Act and the Director General shall comply with such directions.

Panels of solicitors

s 5

(1) The Director General of Legal Aid shall prepare and maintain panels of solicitors willing to investigate, report and give an opinion upon applications for the grant of legal aid, to act for persons receiving legal aid or to give legal advice under the provisions of this Act; and there may be separate panels for different purposes and for different courts. (2) Any solicitor shall be entitled to have his name on the panels or any of them unless there is good reason for excluding him arising out of his conduct when acting or assigned to act for persons receiving legal aid or his professional conduct generally. (3) Where a solicitor is aggrieved by any decision excluding him (whether permanently or temporarily) from the panels or any of them, he may appeal against the decision to a High Court and the High Court (whose decision shall be final) may confirm or quash the decision appealed against or may substitute such decision as it thinks fit. (4) Subject to subsection 24(2) any solicitor may at any time request the Director General to remove his name from the panels or any of them and the Director General shall comply with such request. (5) Subject to any regulations made under this Act the Director General shall pay to a solicitor investigating and reporting or giving an opinion upon applications for the grant of legal aid or acting for persons receiving legal aid or giving legal advice under the provisions of this Act such fees as may be agreed between the Director General and the solicitor.

s 6

(Deleted by Act A578).

s 7

(Deleted by Act A1188).

s 8

(Deleted by Act A1188).

s 9

(Deleted by Act A1188).

Back to Legal Aid Act 1971 — full text

Provisions on this page are reproduced verbatim from official open data. See the attribution line.

Text as at 1 November 2013 (LOM reprint); amendments made after that date may not be incorporated. Read the official text ↗

Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).

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