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Medical Act 1971

Unannotated Statutes of Malaysia - Principal Acts/MEDICAL ACT 1971 Act 50/MEDICAL ACT 1971 ACT 50

Incorporating all amendments up to 13 March 2015

Date of Royal Assent ... ... ... ... ...

27 September 1971

Date of publication in the Gazette ... ...

30 September 1971

Date of coming into operation ... ...

1 October 1971

ACT 50 
MEDICAL ACT 1971 

Part I PRELIMINARY

SECTION

1.Short title

2.Interpretation

Part II THE MALAYSIAN MEDICAL COUNCIL

SECTION

3.Establishment and composition of the Council

4.Duties and powers of the Council

5.Public Authorities Protection

6.Public servants

7.First Schedule

8.Power of the Minister to issue directions

9.Returns

Part III REGISTRATION OF MEDICAL PRACTITIONERS

SECTION

10.Registrar

11.Malaysian Medical Register

12.Persons entitled to provisional registration

13.Experience which a provisionally registered person shall be required to obtain

14.Persons entitled to full registration

15.Exemption of certain medical officers in ships

16.Temporary practising certificate

17.Evidence of qualification to be given before entry on the Register

18.Application for registration

19.Restriction on registration

20.Annual practising certificate

21.Publication of list of fully registered medical practitioners issued with annual practising certificates

22.Notification of change in permanent address of residence or practice

23.Power of Council to make certain endorsement against names in the Register

24.Cessation of registration

25.Alterations in the Register

26.Privileges of fully registered persons and disabilities of unregistered persons

27.Medical certificate

28.Definition

Part IV DISCIPLINARY ROCEEDINGS

SECTION

29.Disciplinary jurisdiction of the Council

30.Disciplinary punishments

31.Appeal against orders of the Council

31A.Restoration of name to Register

Part V GENERAL

SECTION

32.Fraudulent registration

33.Offences

34.Malay, Chinese, Indian or other native methods of therapeutics

34A.Examination and treatment of patients by students of medicine

34B.Liability of the Government for torts committed by non-Government practitioners while attending to patients at the request of or by arrangement with the Government

34C.Medical practitioner authorized by Director General to be deemed a Government Medical Officer

35.General penalty

Part VI REGULATIONS, SAVING AND REPEAL

SECTION

36.Regulations

37.Saving

38.Repeal

Part VII SUPPLEMENTARY PROVISIONS FOR NATIONAL PURPOSES

SECTION

39.Purpose, commencement and duration of this Part

40.Notice to fully registered person to serve in a medical capacity in the public services

41.Period of service in pursuance of a notice under subsection 40(1)

42.Power of Minister to grant reduction, exemption or postponement from period of service under section 41

43.Minister may make rules

44.Saving

First Schedule

Second Schedule

Third Schedule

An Act to consolidate and amend the law relating to the registration and practice of medical practitioners and for national purposes to provide for certain provisions with regard to a period of service in the public services after full registration as a medical practitioner; and to make provision for purposes connected with the aforesaid matter.

[Throughout Malaysia-- - 1 October 1971]

BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows:

Unannotated Statutes of Malaysia - Principal Acts/MEDICAL ACT 1971 Act 50/MEDICAL ACT 1971 ACT 50/1.Short title

Part I PRELIMINARY

1. Short title

This Act may be cited as the Medical Act 1971.

Unannotated Statutes of Malaysia - Principal Acts/MEDICAL ACT 1971 Act 50/MEDICAL ACT 1971 ACT 50/2.Interpretation

2. Interpretation

In this Act, unless the context otherwise requires--

"Council"

means the Malaysian Medical Council established under section 3;

"Director General"

means the Director General of Health, Malaysia;

"fully registered"

means fully registered under section 14;

"member"

means a member of the Malaysian Medical Council established under section 3;

"practising certificate"

means the annual practising certificate referred to in section 20;

"practitioner"

means a medical practitioner;

"prescribed"

means prescribed by regulations made under this Act;

"President"

means the President of the Malaysian Medical Council appointed by subparagraph 1(1) of the First Schedule;

"provisionally registered"

means provisionally registered under section 12;

"public services"

has the meaning assigned to it in Article 132 of the Constitution and, in addition, it also means the service of any local authority or the service of any statutory authority exercising powers vested in it by federal or State law, and the expression "public service" shall be construed accordingly;

"qualification"

means any diploma, degree, fellowship, membership, licence, authority to practise, letters, testimonial, certificate, or other status or document granted by any university, corporation, college, or other body, or by any department of, or persons acting under the authority of, the government of any country or place in or outside Malaysia;

"Register"

means the Malaysian Medical Register required to be maintained under section 11;

"registered"

means provisionally registered under section 12 or fully registered under section 14, as the case may be;

"Registrar"

means the Registrar of Medical Practitioners referred to in section 10;

"Secretary"

means the Secretary of the Council appointed under paragraph 4 of the First Schedule.

Unannotated Statutes of Malaysia - Principal Acts/MEDICAL ACT 1971 Act 50/MEDICAL ACT 1971 ACT 50/3.Establishment and composition of the Council

Part II THE MALAYSIAN MEDICAL COUNCIL

3. Establishment and composition of the Council

(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 theparagraphs (1)(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 theparagraphs (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.

Unannotated Statutes of Malaysia - Principal Acts/MEDICAL ACT 1971 Act 50/MEDICAL ACT 1971 ACT 50/4.Duties and powers of the Council

4. Duties and powers of the Council

The Council shall perform such duties and functions and exercise such powers as may be provided under this Act or any regulations made thereunder.

Unannotated Statutes of Malaysia - Principal Acts/MEDICAL ACT 1971 Act 50/MEDICAL ACT 1971 ACT 50/5.Public Authorities Protection

5. Public Authorities Protection

The Public Authorities Protection Act 1948 [Act 198] shall apply to any action, suit, prosecution or proceeding against the Council or against any member, officer, servant or agent of the Council in respect of any act, neglect or default done or committed by him in such capacity.

Unannotated Statutes of Malaysia - Principal Acts/MEDICAL ACT 1971 Act 50/MEDICAL ACT 1971 ACT 50/6.Public servants

6. Public servants

All members of the Council, while discharging their duties as such members, shall be deemed to be public servants within the meaning of the Penal Code [Act 574].

Unannotated Statutes of Malaysia - Principal Acts/MEDICAL ACT 1971 Act 50/MEDICAL ACT 1971 ACT 50/7.First Schedule

7. First Schedule

(1) The First Schedule shall apply to the Council and the proceedings thereof.

(2) The Minister may from time to time, after consulting the Council, amend the First Schedule by order published in the Gazette.

Unannotated Statutes of Malaysia - Principal Acts/MEDICAL ACT 1971 Act 50/MEDICAL ACT 1971 ACT 50/8.Power of the Minister to issue directions

8. Power of the Minister to issue directions

The Minister may, from time to time, issue general directions not inconsistent with the provisions of this Act or any regulations made thereunder and the Council shall give effect to such directions.

Unannotated Statutes of Malaysia - Principal Acts/MEDICAL ACT 1971 Act 50/MEDICAL ACT 1971 ACT 50/9.Returns

9. Returns

The Council shall furnish the Minister with all such returns and information with respect to its activities as he may from time to time require.

Unannotated Statutes of Malaysia - Principal Acts/MEDICAL ACT 1971 Act 50/MEDICAL ACT 1971 ACT 50/10.Registrar

Part III REGISTRATION OF MEDICAL PRACTITIONERS

10. Registrar

(1) For the purposes of this Act there shall be a Registrar of Medical Practitioners.

(2) The Director General shall be the Registrar.

Unannotated Statutes of Malaysia - Principal Acts/MEDICAL ACT 1971 Act 50/MEDICAL ACT 1971 ACT 50/11.Malaysian Medical Register

11. Malaysian Medical Register

(1) The Registrar shall cause to be kept in the prescribed form a register of medical practitioners to be known as the Malaysian Medical Register which shall contain such particulars as may be prescribed.

(2) The Registrar shall be responsible for the maintenance and custody of the Register in accordance with the provisions of this Act and the regulations thereunder.

(3) The Register shall be deemed to be a public document within the meaning of the Evidence Act 1950 [Act 56 ].

Unannotated Statutes of Malaysia - Principal Acts/MEDICAL ACT 1971 Act 50/MEDICAL ACT 1971 ACT 50/12.Persons entitled to provisional registration

12. Persons entitled to provisional registration

(1) Subject to this Act and the regulations thereunder, a person shall be entitled to be provisionally registered as a medical practitioner, solely for the purpose of obtaining the experience specified in section 13, upon application to the Registrar in the prescribed form if--

(a) he holds--

(i) any of the qualifications specified in the third column of the Second Schedule granted by an institution specified in relation to that qualification in the second column of that Schedule; or

(ii) a qualification in medicine and surgery other than the qualifications referred to in subparagraph (i), deemed suitable for registration by the Minister after consulting the Council;

(aa) in the case of a person who holds a qualification referred to in subparagraph (a)(ii), he has passed such examination as may be prescribed or set for the purpose of this paragraph by a body approved by the Minister; and

(b) he produces to the Registrar evidence to the satisfaction of the Registrar that, subject to his being provisionally registered, he has been selected--

(i) for employment under subsection 13(2) or that he is eligible to be exempted therefrom under subsection 13(6).

(ii) (Deleted by Act A840).

(2) The Minister may from time to time, after consulting the Council, add to, delete from or amend the Second Schedule by order published in the Gazette.

Unannotated Statutes of Malaysia - Principal Acts/MEDICAL ACT 1971 Act 50/MEDICAL ACT 1971 ACT 50/13.Experience which a provisionally registered person shall be required to obtain

13. Experience which a provisionally registered person shall be required to obtain

(1) Subject to this Act and the regulations thereunder, a person who is provisionally registered shall be required to obtain experience as provided in subsection (2) in order to be entitled to apply for full registration under section 14.

(1A) For the purposes of subsection (2) there shall be established a Board to be known as the Medical Qualifying Board consisting of--

(a) the Director General as Chairman; and

(b) an equal number of representatives from each of the Faculties of Medicine of the Universities established under the Universities and University Colleges Act 1971, to be determined and appointed by the Minister. 

(2) The provisionally registered person shall, immediately upon being provisionally registered, engage in employment in a resident medical capacity to the satisfaction of the Medical Qualifying Board for a period of not less than one year in any hospital or institution in Malaysia which is approved by the said Board for the purpose of such employment; four months of such period shall be spent in a resident surgical post, four months in a resident medical post and four months in a resident obstetrical and gynaecological post; at the conclusion of satisfactory service, as certified by the Medical Qualifying Board, under this paragraph, the provisionally registered person shall be entitled to a certificate issued by the Council in the prescribed form as evidence thereof.

(3) (Deleted by Act A840).

(4) Where, on application in that behalf, a person satisfies the Council that by reason of lasting physical disability he will be or has been prevented from embarking on, or completing, any period of experience of the practice of surgery or obstetrics and gynaecology required for the purpose of subsection (2), the Council may, if it thinks fit, direct that the applicant may for those purposes count in lieu thereof experience of the practice of medicine (in addition to what would otherwise be required in his case for those purposes) acquired in the like manner and for the like period, or, as the case may be, for so much of that period as will have remained uncompleted.

(5) (Deleted by Act A840).

(6) The Council may exempt from subsection (2) any person who holds any of the qualifications referred to in paragraph 12(1)(a) if the Council is satisfied that such person has had experience which is not less both in character and scope and in length of time than the experience mentioned in subsection (2):

Provided that if the Council is further satisfied that such experience has been had in an institution or hospital approved by the institution which granted the qualification, it shall exempt such person from subsection (2):

And provided further that if the experience which has been had in an institution or hospital approved by the institution which granted the qualification is only partly of the character and scope mentioned in subsection (2), the Council may exempt such person from subsection (2) in respect of such part only of the period of experience required thereunder as the Council may deem fit.

(7) A provisionally registered person shall be deemed to be fully registered under this Act so far as is necessary--

(a) to enable him to enter upon and engage in the employment and service mentioned in subsection (2); and

(b) for the purpose of any such written law or such other purposes, as the Minister may direct by order published in the Gazette, but not further.

(8) A provisionally registered person shall during the period of employment under subsection (2) be deemed to be a public servant within the meaning of the Penal Code.

(9) In this section the reference to employment in a resident medical capacity shall be construed as reference to employment in the practice of medicine, surgery or obstetrics and gynaecology, where the person in question is resident in the hospital or institution where he is employed or conveniently near thereto, and is by the terms of his employment required to be so resident.

Unannotated Statutes of Malaysia - Principal Acts/MEDICAL ACT 1971 Act 50/MEDICAL ACT 1971 ACT 50/14.Persons entitled to full registration

14. Persons entitled to full registration

(1) Subject to this Act, no person shall be entitled to be fully registered as a medical practitioner under this Act unless--

(a) he has been provisionally registered under section 12; and

(b) he furnishes proof of having satisfied section 13. 

(2) An application for full registration shall be in accordance with the provisions of this Act and the regulations thereunder.

(3) Notwithstanding anything to the contrary contained in this Act, any person may be fully registered under this section subject to such restrictions and conditions as may be stipulated by the Minister, provided that the person seeking registration under this subsection possesses a qualification with respect to which the Minister, after consulting the Council, is satisfied that it is adequate.

Unannotated Statutes of Malaysia - Principal Acts/MEDICAL ACT 1971 Act 50/MEDICAL ACT 1971 ACT 50/15.Exemption of certain medical officers in ships

15. Exemption of certain medical officers in ships

All ship's surgeons while in the discharge of their duties shall be exempted from registration under this Act and shall be entitled to all the privileges of fully registered medical practitioners under this Act.

Unannotated Statutes of Malaysia - Principal Acts/MEDICAL ACT 1971 Act 50/MEDICAL ACT 1971 ACT 50/16.Temporary practising certificate

16. Temporary practising certificate

(1) Notwithstanding anything to the contrary contained in this Act, the Council may, upon application in writing, issue to a person who is registered as a medical practitioner outside Malaysia a temporary certificate to practise as a medical practitioner, subject to such conditions and restrictions as the Council may specify in such certificate, for a period not exceeding three months.

(2) The holder of such temporary practising certificate shall, while the certificate remains in force and subject to the restrictions and conditions specified in the certificate, be deemed to be a fully registered person.

(3) The Council may at any time cancel any temporary practising certificate granted under this section and the certificate shall thereupon lapse.

Unannotated Statutes of Malaysia - Principal Acts/MEDICAL ACT 1971 Act 50/MEDICAL ACT 1971 ACT 50/17.Evidence of qualification to be given before entry on the Register

17. Evidence of qualification to be given before entry on the Register

(1) No degree or qualification shall be entered on the Register, either on the first registration or by way of addition to a registered name, unless the Registrar be satisfied by such evidence as he may consider proper that the person claiming such degree or qualification is entitled thereto.

(2) Every person registered under this Act who obtains any medical qualification other than the qualification by virtue of which he was registered may apply to the Council to amend the Register so far as it relates to the qualifications of that person, and on any such application the Council shall, if satisfied that the applicant is entitled to the qualification in respect of which the application is made and that such qualification is of sufficient standing to warrant its being entered in the Register, cause the Register to be amended accordingly by the insertion therein of the particulars of such qualification.

(3) The Council shall have power to decide what higher degrees and additional qualifications shall be admitted to be entered on the Register.

Unannotated Statutes of Malaysia - Principal Acts/MEDICAL ACT 1971 Act 50/MEDICAL ACT 1971 ACT 50/18.Application for registration

18. Application for registration

(1) Any person entitled to be provisionally or fully registered under this Act may apply to the Registrar for registration accordingly.

(2) Applications for such registration shall be made in such manner or form and shall be accompanied by such documents, particulars and fees as the Council may prescribe.

Unannotated Statutes of Malaysia - Principal Acts/MEDICAL ACT 1971 Act 50/MEDICAL ACT 1971 ACT 50/19.Restriction on registration

19. Restriction on registration

(1) If any person applying for provisional or full registration has--

(a) at any time been found guilty of an offence involving fraud, dishonesty or moral turpitude or an offence punishable with imprisonment (whether in itself only or in addition to or in lieu of a fine) for a term of two years or upward;

(b) after due inquiry by the Council, been found by it to have been guilty of infamous conduct in any professional respect or to be otherwise not of good fame and character; or

(c) after due inquiry by a medical review panel, which shall consist of not less than three medical practitioners appointed by the Council, been found to be unfit to perform his professional duties by reason of his mental or physical condition, the Council may direct the Registrar not to enter the name of such person upon the Register.

(2) The Registrar shall forthwith give the person concerned notice in writing of such direction by the Council not to enter such person's name upon the Register.

(3) Upon any inquiry under paragraph (1)(b) , the applicant shall be entitled to appear before the Council and be heard personally or by advocate and solicitor.

Unannotated Statutes of Malaysia - Principal Acts/MEDICAL ACT 1971 Act 50/MEDICAL ACT 1971 ACT 50/20.Annual practising certificate

20. Annual practising certificate

(1) Any fully registered person who desires to practise as a medical practitioner after the thirty-first day of December of any year shall, not later than the first day of December of that year, make an application in the prescribed form and shall pay the prescribed fee for a certificate to practise as a medical practitioner during the ensuing year.

(2) Upon such application and payment, the Registrar shall issue a certificate (to be styled "annual practising certificate") authorizing the applicant to practise as a medical practitioner during the year for which the certificate is issued.

(3) Subject to this Act, the annual practising certificate shall be in force until the thirty-first day of December of the year in respect of which it is issued.

(4) Any fully registered person who fails to apply for an annual practising certificate in the manner and within the period laid down in subsection (1), may, on making an application in such form and on payment of such additional fee as may be prescribed, be granted an annual practising certificate for the ensuing year, if the application is made during the month of December of any year, or for the remainder of the year, if the application is made on or after the first day of January of any year.

(5) Notwithstanding anything to the contrary contained in this Act, a fully registered person may practise as a medical practitioner without an annual practising certificate up to the thirty first day of December of the year in which he obtains full registration under section 14 but he shall for the purpose of this Act and any regulations made thereunder be deemed to have an annual practising certificate for that period.

(6) An annual practising certificate and an application therefor shall specify the address of the principal place of practice and all other places of practice of the applicant, and any change in any such address shall be notified by the practitioner to the Registrar and an endorsement of such change on the annual practising certificate obtained from the Registrar within thirty days of such change.

(7) A fully registered medical practitioner who practises medicine, surgery or obstetrics and gynaecology and who--

(a) has not an annual practising certificate in respect of himself in force;

(b) is in partnership with a fully registered person not having such a certificate;

(c) has in his employ a fully registered person not having such a certificate; or

(d) is employed to carry on the business of a medical practitioner on behalf of a person not having such a certificate, shall be guilty of an offence against this Act and he shall not be entitled to recover any fee, reward, disbursement or cost incurred during the time when he or any other person as aforesaid has not had an annual practising certificate.

Unannotated Statutes of Malaysia - Principal Acts/MEDICAL ACT 1971 Act 50/MEDICAL ACT 1971 ACT 50/21.Publication of list of fully registered medical practitioners issued with annual practising certificates

21. Publication of list of fully registered medical practitioners issued with annual practising certificates

(1) The Registrar shall as soon as may be after the first day of January of every year prepare and publish in the Gazette a list or lists of the names, addresses, qualifications, dates of the qualifications and dates of full registration of all persons to whom annual practising certificates have been issued for that year.

(2) The publication of such list shall be prima facie evidence of the particulars contained therein.

(3) The absence of the name of any person from such list shall be prima facie evidence that such person has not been issued with an annual practising certificate and is not authorized to practise as a fully registered person.

(4) A certificate under the hand of the Registrar of the particulars appearing in the Register in respect of any person shall be conclusive evidence of such particulars.

Unannotated Statutes of Malaysia - Principal Acts/MEDICAL ACT 1971 Act 50/MEDICAL ACT 1971 ACT 50/22.Notification of change in permanent address of residence or practice

22. Notification of change in permanent address of residence or practice

Every registered person shall notify any change in the permanent address of his residence or practice to the Registrar within thirty days of such change.

Unannotated Statutes of Malaysia - Principal Acts/MEDICAL ACT 1971 Act 50/MEDICAL ACT 1971 ACT 50/23.Power of Council to make certain endorsement against names in the Register

23. Power of Council to make certain endorsement against names in the Register

Where the Council is satisfied that any person whose name appears in the Register is deceased or is no longer practising medicine in Malaysia it shall make an endorsement accordingly against his name in the Register.

Unannotated Statutes of Malaysia - Principal Acts/MEDICAL ACT 1971 Act 50/MEDICAL ACT 1971 ACT 50/24.Cessation of registration

24. Cessation of registration

(1) Where--

(a) the Registrar is satisfied that any person who is registered under this Act is admitted to or confined in a mental hospital under any law;

(b) any person who is registered under this Act has been certified by a medical review panel, which shall consist of not less than three medical practitioners appointed by the Council, to be unfit to perform his professional duty by reason of his mental or physical condition, he shall thereupon cease to be so registered, and an endorsement shall accordingly be made against his name in the Register.

(2) Any person who has ceased to be registered under this Act by virtue of subsection (1) shall not again be registered unless he satisfies the Council that his mental or physical condition, as the case may be, warrants such registration.

Unannotated Statutes of Malaysia - Principal Acts/MEDICAL ACT 1971 Act 50/MEDICAL ACT 1971 ACT 50/25.Alterations in the Register

25. Alterations in the Register

(1) The Registrar shall, from time to time, insert in the Register--

(a) any alteration which may come to his knowledge in the name or address of any person registered under this Act;

(b) such alterations in the qualifications, additional qualifications and other particulars as under this Act are required to be altered. 

(2) The Register shall, from time to time, strike off from the Register the name of such person as under this Act is required to be struck off.

Unannotated Statutes of Malaysia - Principal Acts/MEDICAL ACT 1971 Act 50/MEDICAL ACT 1971 ACT 50/26.Privileges of fully registered persons and disabilities of unregistered persons

26. Privileges of fully registered persons and disabilities of unregistered persons

(1) Every person whose name is for the time being borne on the Register as fully registered under this Act shall be entitled, according to his qualifications, to practise medicine, surgery and obstetrics and gynaecology in accordance with the provisions of this Act and to recover in due course of law reasonable charges for professional aid, advice and visits and the value of any medicine or any medical or surgical appliances rendered, made or supplied by him to his patients, provided that at the time of performing any such act he had an annual practising certificate in force.

(2) Subject to sections 15, 16 and 34, no person shall be entitled to recover in any court any such charges as are referred to in subsection (1) unless at the date when such charges accrued he was a fully registered medical practitioner and had an annual practising certificate in force:

Provided that nothing in this subsection shall affect the practice of midwifery by any person duly authorized in that behalf under the provisions of any law in force in Malaysia or any part thereof.

Unannotated Statutes of Malaysia - Principal Acts/MEDICAL ACT 1971 Act 50/MEDICAL ACT 1971 ACT 50/27.Medical certificate

27. Medical certificate

No certificate or other document required by any written law to be signed by a duly qualified medical practitioner given after the commencement of this Act shall be valid unless signed by a fully registered medical practitioner.

Unannotated Statutes of Malaysia - Principal Acts/MEDICAL ACT 1971 Act 50/MEDICAL ACT 1971 ACT 50/28.Definition

28. Definition

The words "legally qualified medical practitioner" or "duly qualified medical practitioner" or any words importing a person recognized by law as a medical practitioner or member of the medical profession, when used in any written law with reference to such persons, shall be construed to mean a fully registered medical practitioner.

Unannotated Statutes of Malaysia - Principal Acts/MEDICAL ACT 1971 Act 50/MEDICAL ACT 1971 ACT 50/29.Disciplinary jurisdiction of the Council

Part IV DISCIPLINARY ROCEEDINGS

29. Disciplinary jurisdiction of the Council

(1) The Council shall have disciplinary jurisdiction over all persons registered under this Act.

(2) The Council may exercise disciplinary jurisdiction over any registered person who--

(a) has been convicted in Malaysia or elsewhere of any offence punishable with imprisonment (whether in itself only or in addition to or in lieu of a fine);

(b) has been guilty of infamous conduct in any professional respect;

(c) has obtained registration by fraud or misrepresentation;

(d) was not at the time of his registration entitled to be registered; or

(e) has since been removed from the register of medical practitioners maintained in any place outside Malaysia. 

Unannotated Statutes of Malaysia - Principal Acts/MEDICAL ACT 1971 Act 50/MEDICAL ACT 1971 ACT 50/30.Disciplinary punishments

30. Disciplinary punishments

The Council may, in the exercise of its disciplinary jurisdiction, impose any of the following punishments:

(i) order the name of such registered person to be struck off from the Register;

(ii) order the name of such registered person to be suspended from the Register for such period as it may think fit;

(iii) order the registered person to be reprimanded; or

(iv) make any such order as aforesaid but suspend the application thereof, subject to such conditions as the Council may think fit, for a period, or periods in the aggregate, not exceeding two years, and may, in any case, make such order as the Council thinks fit with regard to the payment of the costs of the Registrar and of any complainant or of the registered person, and any costs awarded may be recovered as a civil debt.

Unannotated Statutes of Malaysia - Principal Acts/MEDICAL ACT 1971 Act 50/MEDICAL ACT 1971 ACT 50/31.Appeal against orders of the Council

31. Appeal against orders of the Council

(1) Any person who is aggrieved by any order made in respect of him by the Council in the exercise of its disciplinary jurisdiction may appeal to the High Court, and the High Court may thereupon affirm, reverse or vary the order appealed against or may give such direction in the matter as it thinks proper; the cost of the appeal shall be in the discretion of the High Court.

(2) The decision of the High Court upon such appeal shall be final.

(3) The practice in relation to any such appeal shall be subject to the rules of court applicable in the High Court:

Provided that the High Court shall not have power to hear any appeal against an order made under section 30 unless notice of such appeal was given within one month of the service of the order in the prescribed manner.

Unannotated Statutes of Malaysia - Principal Acts/MEDICAL ACT 1971 Act 50/MEDICAL ACT 1971 ACT 50/31A.Restoration of name to Register

31A. Restoration of name to Register

(1) No person whose name has been struck off from the Register under subparagraph 30(i) shall thereafter be entitled to be registered as a medical practitioner under the provision of this Act, but the Council may, if it thinks fit in any case to do so, on the application of the person concerned, order that the name of such person be restored to the Register; and where the name of a person has been suspended from the Register under subparagraph 30(ii), such person shall be entitled at the expiration of period of suspension, but not earlier, to apply for the certificate of registration and the annual practising certificate (if the period for which it is issued is still unexpired) to be returned to him.

(2) An application under subsection (1) shall be made in such manner or form and accompanied by such documents, photographs, particulars and fees as may be prescribed.

Unannotated Statutes of Malaysia - Principal Acts/MEDICAL ACT 1971 Act 50/MEDICAL ACT 1971 ACT 50/32.Fraudulent registration

Part V GENERAL

32. Fraudulent registration

Every person who fraudulently procures or attempts to procure himself or any other person to be registered by making or producing, or causing to be made or produced, any false or fraudulent representation or declaration, either oral or in writing, shall be guilty of an offence against this Act.

Unannotated Statutes of Malaysia - Principal Acts/MEDICAL ACT 1971 Act 50/MEDICAL ACT 1971 ACT 50/33.Offences

33. Offences

(1) Any person not registered or exempted from registration under this Act who--

(a) wilfully and falsely pretends to be registered under this Act or to be qualified to practise medicine or surgery;

(b) wilfully and falsely takes or uses the name or title of physician, doctor of medicine, licentiate in medicine and surgery, bachelor of medicine, surgeon, general practitioner or apothecary;

(c) wilfully and falsely takes or uses any name, title, addition or description implying that he is registered under this Act, or that he is recognized by law as a physician or surgeon or licentiate in medicine and surgery or a practitioner in medicine or an apothecary;

(d) wilfully and falsely takes or uses any name, title, addition or description, or uses any instrument, calculated to induce any person to believe that he is qualified to practise medicine or surgery according to modern scientific methods;

(e) practises medicine or surgery;

(f) uses the term "clinic" or "dispensary" or "hospital" or the equivalent of any of these terms in any other language in the signboard over his place of practice in purported practice of medicine or surgery as a person registered under this Act; or

(g) uses a symbol designed by the Council for the use of registered medical practitioners only, shall be guilty of an offence against this Act.

(2) For the purposes of subsection (1)--

(a) the taking or using by any person of the term "doctor" or "clinic" or "dispensary" or "hospital" or the equivalent of any of these terms in any other language in relation to the practice of medicine or surgery shall be deemed to be the taking or using of a name, title, addition or description calculated to induce any person to believe that he is qualified to practise medicine or surgery according to modern scientific methods; and

(b) subject to regulations made under paragraph 36(2)(p), the using by any person in the practice of medicine or surgery of a sphygmomano-meter, stethoscope, hypodermic syringe or other instrument used exclusively by persons qualified to practice medicine or surgery according to modern scientific methods, shall be deemed to be the using of instruments calculated to induce a person to believe that he is qualified to practise medicine or surgery according to modern scientific methods. 

Unannotated Statutes of Malaysia - Principal Acts/MEDICAL ACT 1971 Act 50/MEDICAL ACT 1971 ACT 50/34.Malay, Chinese, Indian or other native methods of therapeutics

34. Malay, Chinese, Indian or other native methods of therapeutics

(1) Subject to subsection (2) and regulations made under this Act, nothing in this Act shall be deemed to affect the right of any person, not being a person taking or using any name, title, addition or description calculated to induce any person to believe that he is qualified to practise medicine or surgery according to modern scientific methods, to practise systems of therapeutics according to purely Malay, Chinese, Indian or other native methods, and to demand and recover reasonable charges in respect of such practice.

(2) Notwithstanding subsection (1), no person, unless he is a registered medical practitioner, shall hold himself out as being qualified, competent or willing to undertake the treatment of diseases of the human eye or the prescription of remedies therefor, or the giving of advice in connection with the treatment thereof:

Provided that nothing in this section shall be taken to prohibit a person who is not a registered medical practitioner from holding himself out as being qualified, competent or willing to test refraction, visual acuity and colour vision, or to make or provide spectacles or other optical appliances for the remedy of defects of vision.

(3) Any person who contravenes subsection (2) shall be guilty of an offence against this Act.

Unannotated Statutes of Malaysia - Principal Acts/MEDICAL ACT 1971 Act 50/MEDICAL ACT 1971 ACT 50/34A.Examination and treatment of patients by students of medicine

34A. Examination and treatment of patients by students of medicine

(1) Notwithstanding anything to the contrary in this Act, it shall be lawful for any person who is pursuing a course of study in medicine or surgery in--

(a) any University or University College established in accordance with the Universities and University Colleges Act 1971; or

(b) any educational institution specified in the Third Schedule, to carry out, in pursuance of the course of study, any investigation, examination or treatment of patients in any hospital, clinic, health centre or other institution which is approved by the Minister for the purposes of this section by notification in the Gazette; provided that the investigation, examination or treatment is carried out by the person under the control and supervision of a fully registered medical practitioner who holds a current and valid annual practising certificate.

(2) For the purposes of paragraph (1)(b), no educational institution shall be specified in the Third Schedule unless--

(a) it is an educational institution registered under the Education Act 1996 [Act 550]* or any law in connection with the registration of an educational institution; and

(b) is affiliated with any institution specified in the second column of the Second Schedule for the purpose of granting to the students of the educational institution the specified qualification appearing against the institution. 

(3) Any hospital, clinic, health centre or other institution managed and operated by the Government and approved by the Minister under subsection (1) shall not be liable for any injury, loss or damage of a civil nature occasioned to any patient or other person solely in consequence of any investigation, examination or treatment of a patient under subsection (1) by a person pursuing a course of study in medicine or surgery specified under paragraph (1)(a) or (b); provided that nothing in this subsection shall be construed as conferring on the person or on the University or University College or educational institution where he is pursuing the course of study or on any officer or employee of the University or University College or educational institution any immunity from any liability for such injury, loss or damage.

(4) The Minister may amend the Third Schedule by a notification in the Gazette.

Unannotated Statutes of Malaysia - Principal Acts/MEDICAL ACT 1971 Act 50/MEDICAL ACT 1971 ACT 50/*34B.Liability of the Government for torts committed by non-Government practitioners while attending to patients at the request of or by arrangement with the Government

*34B. Liability of the Government for torts committed by non-Government practitioners while attending to patients at the request of or by arrangement with the Government

A fully registered practitioner who holds a current and valid annual practising certificate, who is not a public officer and who, at the request of or by arrangement with the Government, carries out any investigation, examination, treatment or management of any patient in any Government hospital, clinic or health centre or in any other similar institution of the Government shall, while carrying out such investigation, examination, treatment or management, be deemed to be a public officer for the purposes of section 5 of the Government Proceedings Act 1956 [Act 359]; and notwithstanding subsection 6(4) of the Act, proceedings may be brought against the Government in respect of any act, neglect or default of such practitioner done or committed in the course of or in connection with such investigation, examination, treatment or management.

Unannotated Statutes of Malaysia - Principal Acts/MEDICAL ACT 1971 Act 50/MEDICAL ACT 1971 ACT 50/34C.Medical practitioner authorized by Director General to be deemed a Government Medical Officer

34C. Medical practitioner authorized by Director General to be deemed a Government Medical Officer

(1) The Director General may authorize in writing any medical practitioner who is fully registered under section 14 and not being a medical practitioner in the public service to undertake any of the following functions, that is:

(a) investigation, examination, treatment or management of any patient; or

(b) perform an autopsy or post-mortem investigation of any deceased person, in any hospital, clinic or health centre or in any other similar institution.

(2) A medical practitioner who is so authorized under subsection (1) to perform any of the functions referred to in paragraphs (a) and (b) thereof shall be deemed to be a Government Medical Officer for the purposes of the Criminal Procedure Code [Act 593] and any other relevant laws in Malaysia.

Unannotated Statutes of Malaysia - Principal Acts/MEDICAL ACT 1971 Act 50/MEDICAL ACT 1971 ACT 50/35.General penalty

35. General penalty

(1) Any person guilty of an offence against this Act for which no specific penalty is provided shall be liable on conviction--

(a) in respect of a first offence to a fine not exceeding *two thousand ringgit; and

(b) in respect of the second or subsequent offences to a fine not exceeding **five thousand ringgit or imprisonment for a term not exceeding two years or both such fine and imprisonment. 

(2) In the case of a continuing offence such person shall be liable to a further penalty of fifty ringgit for each day during the continuance of such offence in addition to the respective penalty under paragraphs (1)(a) and (b) .

Unannotated Statutes of Malaysia - Principal Acts/MEDICAL ACT 1971 Act 50/MEDICAL ACT 1971 ACT 50/36.Regulations

Part VI REGULATIONS, SAVING AND REPEAL

36. Regulations

(1) Subject to this Act, the Council may, with the approval of the Minister, make regulations to prescribe anything which under this Act is required to be prescribed, and generally to carry out the objects and purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing powers, such regulations may prescribe--

(a) the duties of the Registrar;

(b) the form of the Register, the mode in which it shall be kept and the contents thereof;

(c) the fees to be paid in respect of applications and proceedings under this Act and in respect of certificates and other documents issued under this Act and provide for such exemptions therefrom as the Council may deem appropriate;

(d) the form and manner in which applications for registration and for annual practising certificates shall be made;

(e) the form of any certificate or other document required for carrying out the purposes of this Act;

(f) the manner of proof of qualifications in medicine and surgery;

(g) the management of the property of the Council and the audit of its accounts;

(h) the duties to be performed by the Secretary;

(i) the issue of medical certificates of illness or death;

(j) the procedure for the election of members of the Council;

(k) qualifications and functions of such legal advisers and the remuneration to be paid to them;

(l) the receipt of complaints or information touching any disciplinary matter that may be inquired into by the Council and the establishment of a Committee to be known as the Preliminary Investigation Committee to make a preliminary investigation into complaints or information touching any disciplinary matter that may be inquired into by the Council and to determine whether or not there shall be an inquiry by the Council;

(m) the prohibition of a member of such Preliminary Investigation Committee who is also a member of the Council from attending any meeting of the Council whilst it is inquiring into a complaint or information, in the preliminary investigation of which he took part;

(n) the procedure to be followed in relation to--

(i) the submission of complaints and information to the Preliminary Investigation Committee;

(ii) the preliminary investigation of any complaint or information by the Preliminary Investigation Committee;

(iii) the formulation of charges arising out of complaints and information;

(iv) the reference to the Council by the Preliminary Investigation Committee of cases arising out of complaints and information;

(v) disciplinary inquiries held by the Council;

(o) the names, titles, additions or descriptions which it shall or shall not be permissible for persons practising systems of therapeutics according to Malay, Chinese, Indian or other native methods to take or use;

(p) exemptions from the application of paragraph 33(2)(b) in respect of the use of specific instruments by specific persons or classes of persons, subject to such restrictions and conditions as may be specified. 

Unannotated Statutes of Malaysia - Principal Acts/MEDICAL ACT 1971 Act 50/MEDICAL ACT 1971 ACT 50/37.Saving

37. Saving

(1) Subject to subsection (2), every medical practitioner who immediately before the coming into force of the Emergency (Essential Powers) Ordinance No. 65, 1971 [P.U.(A)11/1971] was registered (otherwise than provisionally) under the Medical Registration Ordinance 1952 of the States of Malaya [F.M. 69 of 1952], the Medical Registration Ordinance of Sabah [Cap. 76] or the Medical Registration Ordinance of Sarawak [Cap. 112 ] or was employed in Sabah by the Government of Malaysia or the Government of the State of Sabah as a Medical Officer shall on the coming into force of this Act be deemed to be a fully registered medical practitioner under the provisions of this Act and shall be deemed to have an annual practising certificate in respect of the remainder of the year in which this Act comes into force:

Provided that in the case of a medical practitioner who immediately before the coming into force of the Emergency (Essential Powers) Ordinance No. 65, 1971 was registered (otherwise than provisionally) by virtue of paragraph 9(1)(c) of the Medical Registration Ordinance 1952 of the States of Malaya or subsection 9(2) of the said Ordinance or paragraph 5(1)(d) of the Medical Registration Ordinance of Sarawak, he shall be deemed to be a fully registered medical practitioner under the provisions of this Act only to the extent and subject to the conditions and restrictions operative in respect of his registration under the said Ordinances of the States of Malaya and Sarawak respectively:

Provided further that in the case of a medical practitioner who immediately before the coming into force of the Emergency (Essential Powers) Ordinance No. 65, 1971 was exempted from registration by virtue of paragraph 17(e) of the Medical Registration Ordinance of Sabah, he shall be entitled upon application to the Registrar to be fully registered under this Act subject to such terms and conditions as the Council may direct.

(2) Every person who immediately before the coming into force of the Emergency (Essential Powers) Ordinance No. 65, 1971--

(a) was provisionally registered under the provisions of any of the Medical Registration Ordinances mentioned in subsection (1); or

(b) was undergoing a period of service under paragraph 10(d) of the Medical Registration Ordinance 1952 of the States of Malaya or paragraph 5(1)(e) of the Medical Registration Ordinance of Sarawak, shall be deemed to be provisionally registered under section 12 of this Act and shall be liable to subsection 13(1) of this Act:

Provided, however, that--

(a) any period of employment in a resident medical capacity which he may have undergone shall be counted towards the period of employment in a resident medical capacity referred to in subsection 13(2) of this Act.

(b) (Deleted by Act A840)

(3) Every person who before the coming into force of this Act was registered under any of the provisions of the Emergency (Essential Powers) Ordinance No. 65, 1971 shall be deemed to have been registered under the corresponding provision of this Act, and this Act shall apply to him in as full and ample a manner as they would apply to him if he had obtained registration under the said corresponding provision of this Act.

(4) Any certificate (including any annual practising certificate), notice, application, other document, rule, order, regulation, direction, exemption, period of employment or service, proceeding, appointment, or act issued, given, served, made, granted, undergone, taken or done before the coming into force of this Act under any of the provisions of the Emergency (Essential Powers) Ordinance No. 65, 1971 shall, if it could have been issued, given, served, made, granted, undergone, taken or done under any corresponding provision of this Act, continue to operate, and have the like effect, as if it has been so issued, given, served, made, granted, undergone, taken or done, as the case may be.

(5) The Minister may by rules make such provision as he may consider necessary or expedient for the purpose of removing any difficulties occasioned by the coming into force of this Act or in the application of subsections (1) to (4), and any such rule may be made so as to have effect as from the coming into force of this Act; and subsections (1) to (4) shall accordingly be deemed to be subject to this subsection.

(6) Notwithstanding anything contained in subsections (1) to (5), where a person was immediately before the coming into force of the Emergency (Essential Powers) Ordinance No. 65, 1971 deemed to be registered under section 30 of the Medical Registration Ordinance 1952, of the States of Malaya, he shall not be deemed to be registered under this Act unless within a period of six months from the date of coming into force of this Act--

(a) he makes an application in writing to the Registrar to be deemed to be registered under this Act; and

(b) he satisfies the Registrar that he was immediately before the date of coming into force of the Emergency (Essential Powers) Ordinance No. 65, 1971--

(i) ordinarily resident in Peninsular Malaysia; and

(ii) actually engaged in the practice of medicine or surgery in Peninsular Malaysia, and where he has so satisfied the Registrar he shall be deemed to be registered under this Act subject to the same qualifications, conditions and restrictions as were operative in his case under the said section 30:

Provided that the Registrar may, in any particular case, if he considers it just and reasonable to do so, extend the said period of six months to such extent as he considers appropriate in the circumstances of the case:

And provided further that the Registrar may, in his absolute discretion, in any particular case or class of cases, where it comes to his knowledge that in such case or class of cases the person or persons concerned were, at any time before the date of coming into force of the Emergency (Essential Powers) Ordinance No. 65, 1971, deemed to be registered under the said section 30 and were ordinarily resident in Peninsular Malaysia and actually engaged in the practice of medicine or surgery in Peninsular Malaysia, deem such person to be registered under this Act, notwithstanding that such person may not have made an application to be deemed to be so registered

Unannotated Statutes of Malaysia - Principal Acts/MEDICAL ACT 1971 Act 50/MEDICAL ACT 1971 ACT 50/38.Repeal

38. Repeal

The Emergency (Essential Powers) Ordinance No. 65, 1971, the Medical Registration Ordinance 1952 of the States of Malaya, the Medical Registration Ordinance of Sabah and the Medical Registration Ordinance of Sarawak are hereby repealed.

Unannotated Statutes of Malaysia - Principal Acts/MEDICAL ACT 1971 Act 50/MEDICAL ACT 1971 ACT 50/39.*Purpose, commencement and duration of this Part

Part VII SUPPLEMENTARY PROVISIONS FOR NATIONAL PURPOSES

39.* Purpose, commencement and duration of this Part

(1) It is declared that this Part is enacted for national purposes.

(2) This Part shall cease to be in force if Parliament, by resolution passed by each of the Houses of Parliament and published in the Gazette, provide that this Part shall no longer continue to remain in force.

Unannotated Statutes of Malaysia - Principal Acts/MEDICAL ACT 1971 Act 50/MEDICAL ACT 1971 ACT 50/40.Notice to fully registered person to serve in a medical capacity in the public services

40. Notice to fully registered person to serve in a medical capacity in the public services

(1) Every person who obtains full registration under this Act shall be liable immediately upon being fully registered or at any time thereafter to be served with a written notice issued by or on behalf of the Director General requiring such person to assume appointment in a medical capacity in such post in such public service and on such date, as may, in each of these respects, be specified in the notice.

(2) A person served with a notice under subsection (1) shall comply with such notice and if he fails to do so he shall be guilty of an offence under this Act.

(3) Immediately upon a charge under subsection (2) or under section 41 being proved in court against any person, the registration of such person under section 14 shall be deemed to be revoked, and the Registrar shall accordingly strike off from the Register the name of such person.

(4) (a) Where the name of a person is struck off from the Register under subsection (3), it shall not be restored on the Register except upon a direction given by the Minister, and the Minister may give such direction upon an application in writing being made to him by the person whose name has been struck off from the Register.

(b) Any direction so given may be made subject to the fulfilment of such terms and conditions as the Minister may deem fit to impose, and such terms and conditions requiring such person to serve in a medical capacity to the satisfaction of the Director General for a continuous total period of not less than three years in such post in such one or more of the public services as may from time to time be determined by the Director General in his discretion.

(c) While such person is fulfilling the terms and conditions imposed under this subsection he shall be deemed to be fully registered so far as is necessary to fulfil the terms and conditions imposed under this subsection and for such other purposes as the Minister may direct, but no further; and upon fulfilment of the terms and conditions imposed under this subsection he shall be entitled to a certificate issued by the Director General as evidence thereof. 

(5) The decision of the Minister upon an application made to him under subsection (4) for the restoration of a name upon the Register shall be final and shall not be questioned or reviewed in any court whatsoever.

(6) Where a notice under subsection (1) has been served on any person liable to be served therewith, the Director General may at any time cancel the notice and, if he thinks fit, cause to be served on him a further notice under subsection (1).

Unannotated Statutes of Malaysia - Principal Acts/MEDICAL ACT 1971 Act 50/MEDICAL ACT 1971 ACT 50/41.Period of service in pursuance of a notice under subsection 40(1)

41. Period of service in pursuance of a notice under subsection 40(1)

A person who commences to serve in a post in a public service in pursuance of a notice issued under subsection 40(1), shall continue to serve in the said post or in such other subsequent post in the same or such other public service as may from time to time be determined by the Director General in his discretion for a continuous total period of not less than three years to the satisfaction of the Director General and if he fails to do so he shall be guilty of an offence under this Act.

Unannotated Statutes of Malaysia - Principal Acts/MEDICAL ACT 1971 Act 50/MEDICAL ACT 1971 ACT 50/42.Power of Minister to grant reduction, exemption or postponement from period of service under section 41

42. Power of Minister to grant reduction, exemption or postponement from period of service under section 41

(1) The Minister may, by order published in the Gazette--

(a) in respect of any particular person;

(b) generally in respect of any class of persons during such period as he may specify;

(c) generally in respect of all persons during such period as he may specify, grant such reduction as he may consider appropriate or complete exemption from the period of service required under section 41.

(2) The Minister may, upon application being made to him in writing by any person liable to undergo the period of service required under section 41, grant to such person postponement from commencing such service for such period as he may consider appropriate if he is satisfied that it would be just and reasonable to do so.

(3) The decision of the Minister upon an application made to him under subsection (2) shall be final and shall not be questioned or reviewed in any court whatsoever.

Unannotated Statutes of Malaysia - Principal Acts/MEDICAL ACT 1971 Act 50/MEDICAL ACT 1971 ACT 50/43.Minister may make rules

43. Minister may make rules

The Minister may make rules for carrying into effect the objects and purposes of this Part.

Unannotated Statutes of Malaysia - Principal Acts/MEDICAL ACT 1971 Act 50/MEDICAL ACT 1971 ACT 50/44.Saving

44. Saving

(1) Anything done under section 40, 41, 42 or 43 of the Emergency (Essential Powers) Ordinance No. 65, 1971 shall be deemed to have been done under section 40, 41, 42 or 43, respectively, of this Act and shall, accordingly continue to operate and have effect under such respective sections of this Act.

(2) Subsection 37(4) and (5) shall apply to this Part and in such application they shall be construed as being in amplification of subsection (1) of this section.

(3) Nothing in subsection (1) shall have the effect of rendering any person liable to any penalty in respect of any omission to comply with, or in respect of any act done contrary to subsection 40(2) and section 41.

Unannotated Statutes of Malaysia - Principal Acts/MEDICAL ACT 1971 Act 50/MEDICAL ACT 1971 ACT 50/First Schedule