Establishment and composition of the Council
s 3
(1) There is established a body corporate with perpetual succession and a common seal to be called the Malaysian Medical Council which shall consist of— (a) the Director General; (b) three fully registered practitioners from among the members of the Faculty of Medicine or the staff of the Medical Centre of the University of Malaya to be nominated by the Council of the University of Malaya and appointed by the Minister; (c) three fully registered practitioners from each of the Faculties of Medicine of the other Universities established under the Universities and University Colleges Act 1971 [Act 30], to be nominated from among the members of the Faculty by the Council of the respective University and appointed by the Minister; (d) nine fully registered practitioners resident in Peninsular Malaysia to be elected by the fully registered practitioners resident in Peninsular Malaysia; (e) one fully registered practitioner resident in Sabah to be elected by the fully registered practitioners resident in Sabah; (f) one fully registered practitioner resident in Sarawak to be elected by the fully registered practitioners resident in Sarawak; and (g) three fully registered practitioners from the public services to be appointed by the Minister. (2) No person shall be nominated and appointed to be a member under paragraphs (1)(b) and (c) or elected or appointed as a member under any of the paragraphs (1)(d) to (g) unless such person is a citizen and holds a current practising certificate. (3) No person shall be eligible to elect a member unless such person holds a current practising certificate. (4) No person may at the same time serve as a member in more than one capacity. (5) A person may be nominated and appointed to be a member under paragraphs (1)(b) and (c) or elected or appointed under any of the paragraphs (d) to (g) thereof notwithstanding that he has previously been a member under any of the paragraphs of subsection (1). (6) The members referred to in paragraphs (1)(b) and (c) shall be nominated and appointed thereunder for a period not exceeding three years. (7) The members elected under paragraphs (1)(d), (e), (f) and (g) shall hold office for a period not exceeding three years: Provided that of the nine members first elected under paragraph (1)(d), three shall cease to hold office at the end of the first year of their election and three at the end of the second year of their election; the selection of the members who are so to cease to hold office shall be made by agreement amongst the members elected under the said paragraph (1)(d) or, if no such agreement can be obtained or if the President, in his absolute discretion, so decides, by the drawing of lots at a meeting of the Council. (8) Any person who is a member by virtue of any of the paragraphs (1)(b) to (g) may at any time resign his office by letter addressed to the President. (9) Where any person who is a member by virtue of any of the paragraphs (1)(b) to (g) dies before completion of his term of office, or resigns, or otherwise ceases to be a member by reason of any provision of this Act, a person shall be nominated and appointed or elected or appointed, as the case may be, in his place in accordance with the provisions applying in the case of the person dying or resigning or ceasing to be a member for the residue of the term for which such person might have held office if he had not died or resigned or ceased to be a member: Provided that on the death or resignation of a member elected under any of the paragraphs (1)(d) to (f) within twelve months before the date on which his term of office would have come to an end by effluxion of time, the vacancy shall not be filled for the residue of that term. (10) The election of the members referred to in paragraphs (1)(d) to (f) shall be conducted in such manner as may be prescribed. (11) If any of the bodies referred to in paragraphs (1)(b) to (f) does not, by such date as may be prescribed, nominate or elect, as the case may be, a person to be a member of the Council, the Minister shall appoint in his place as a member a person qualified to be so nominated or elected, as the case may be, and any person so appointed shall be deemed to be a member as if he had been duly nominated or elected, as the case may be, by such body. (12) Immediately upon the coming into force of this Act and until such time as the members referred to in paragraphs (1)(b) to (f) are nominated and appointed or elected, as the case may be, the Minister shall appoint in their place respectively such persons as are qualified to be respectively so nominated and appointed or elected, as the case may be, and the persons so appointed shall be deemed to be members as if they had been duly nominated and appointed or elected, as the case may be, under the said paragraphs (1)(e) to (g). (13) A practitioner shall not be qualified to be nominated and appointed or elected or appointed to be a member, as the case may be, under the provisions of any of the paragraphs (1)(b) to (g)— (a) if he has been found guilty by a court of any offence involving fraud, dishonesty or moral turpitude, or of any offence punishable with imprisonment (in itself only or in addition to or in lieu of a fine) for more than two years; (b) if he is an undischarged bankrupt; or (c) if his name has at any time been struck off from the Register. (13A) A practitioner whose name has been suspended from the Register, or who has been reprimanded under section 30 shall not be eligible to be nominated and appointed or elected or appointed, under any of the paragraphs (1)(b) to (g)— (a) in the case of a suspension, for a period of six years after the expiration of such suspension; or (b) in the case of a reprimand, for a period of six years from the date of such reprimand. (14) If a member who has been nominated and appointed or elected or appointed, as the case may be, under the provision of any of the paragraphs (1)(b) to (g) ceases, by reason of any provision of this Act, to be qualified to be so nominated and appointed or elected, he shall be deemed to have vacated his seat. (15) (a) Where the Council in the exercise of its disciplinary jurisdiction under the Act— (i) appoints a committee to conduct a preliminary investigation; or (ii) holds a disciplinary inquiry, in respect of any practitioner who is a member of the Council, such practitioner shall be suspended. Such suspension shall in the case of a preliminary investigation take effect from the date of commencement of the investigation, or in the case of a disciplinary inquiry, with effect from the date of institution of the inquiry. (b) Where at the conclusion of a preliminary investigation the Council determines that a disciplinary inquiry should be held the period of suspension of a member shall continue until the conclusion of the disciplinary inquiry. (16) Any member of the Council who has been suspended under paragraph (15)(a) or (b) shall forthwith be reinstated as such member if at the conclusion of the preliminary investigation or the disciplinary inquiry, the Council finds that no case has been made out in respect of the member. (17) Any member of the Council who is to be reinstated pursuant to subsection (16) shall, if the reinstatement is to take effect before the expiration of his term of office, be reinstated to hold office for the unexpired portion of his term of office.