Establishment and composition of the Council
s 3
(1) A body corporate with perpetual succession and a common seal to be called the Malaysian Dental Council is established which shall consist of— (a) the Director General; (b) the Director; (c) (Deleted by Act A982); (d) (Deleted by Act A982); (e) six dental surgeons from among the staff of the dental faculties of the higher educational institutions in Malaysia to be appointed by the Minister; (ea) six dental surgeons to be appointed by the Minister; (f) six dental surgeons resident in Peninsular Malaysia to be elected by the dental surgeons resident in Peninsular Malaysia; (g) one dental surgeon resident in Sabah to be elected by the dental surgeons resident in Sabah; (h) one dental surgeon resident in Sarawak to be elected by the dental surgeons resident in Sarawak; (i) one dentist resident in Peninsular Malaysia to be elected by the dentists resident in Peninsular Malaysia; and (j) one dentist resident in Sabah or Sarawak to be elected by the dentists resident in Sabah or Sarawak. (2) No person shall be nominated and appointed to be a member under paragraph (1)(e) or (ea) or elected as a member under any of the paragraphs (1)(f) to (j) 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 paragraph (1)(e) or (ea) or elected as a member under any of the paragraphs (1)(f) to (j) thereof notwithstanding that he has previously been a member under any of the paragraph of subsection (1). (6) The members referred to in paragraph (1)(e) or (ea) shall be nominated and appointed thereunder for a period not exceeding three years. (7) The members elected under paragraphs (1)(f) to (j) shall hold office for a period not exceeding three years. (8) Any person who is a member by virtue of paragraphs (1)(e) to (j) may at any time resign his office by letter addressed to the President. (9) Where any person who is a member by virtue of paragraphs (1)(e) to (j) 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, 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 paragraphs (1)(f) to (j) 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)(f) to (j) shall be conducted in such manner as may be prescribed. (11) If any of the bodies referred to in paragraphs (1)(e) to (j) 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) (Deleted by Act A982). (13) A practitioner shall not be qualified to be nominated and appointed or elected to be a member, as the case may be, under paragraphs (1)(e) to (j)— (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 33 shall not be eligible to be nominated and appointed or elected or appointed, as the case may be, under paragraphs (1)(e) to (j)— (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, as the case may be, under the provisions of any of the paragraphs (1)(e) to (j) 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) Where the Council in the execise of its disciplinary jurisdiction under the Act— (a) appoints a committee to conduct a preliminary investigation; or (b) holds a disciplinary inquiry, in respect of any practitioner who is a member of the Council, such practitioner shall be suspended. (16) The supension of a member of the Council under subsection (15) shall, where a preliminary investigation is conducted, take effect from the date of commencement of the investigation or, where disciplinary inquiry is held, take effect from the date of institution of the inquiry. (17) Where a preliminary investigation is conducted and at the conclusion of the 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. (18) Any member of the Council who has been suspended under subsection (15) or (16) shall forthwith be reinstated as such member if at the conclusion of the preliminary investigation or the disciplinary inquiry, as the case may be, the Council finds that no case has been made out in respect of the member. (19) Any member of the Council who is to be reinstated pursuant to subsection (18) 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.