Lawyerment - Case and Codes - Legal Profession Act 1976

(2) The Malaysian Bar shall be a body corporate with perpetual succession and a common seal, and with power subject to this Act to sue and be sued in its corporate name and to acquire and dispose of property both movable and immovable and to do and to perform such other acts as bodies corporate may by law perform.

42. Object and powers of the Bar.

(1) The purpose of the Malaysian Bar shall be-

(a) to uphold the cause of justice without regard to its own interests or that of its members, uninfluenced by fear or favor;

(b) to maintain and improve the standards of conduct and learning of the legal profession in Malaysia;

(d) where requested so to do, to express its view on matters affecting legislation and the administration and practice of the law in Malaysia;

(e) to represent, protect and assist members or of the legal profession in Malaysia and to promote in any proper manner the interests of the legal profession in Malaysia;

(f) to establish libraries and to acquire or rent premises to house the libraries and offices of the Malaysian Bar or amenities for the use of members either alone or in conjunction with any other body or society;

(g) to protect and assist the public in all matters touching ancillary or incidental to the law;

(h) to make provision for or assist in the promotion of a scheme whereby impecunious persons may be represented by advocates and solicitors;

(i) to award prizes and scholarships and to establish and subsidise lectureship in educational institutions in subjects of study relating to law;

(j) to grant pecuniary or other assistance to any association, institute, board or society in Malaysia in the interest of the legal profession or of the law students;

(k) to afford pecuniary and other assistance to members or former members of the Malaysian Bar and to the wives, widows, children and other dependants, whether of members, former members or deceased members who are in need of any such assistance;

(l) to promote good relations and social intercourse amongst members and between members and other persons concerned in the administration of law and justice in Malaysia;

(m) to encourage, 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 thereof; and

(n) to establish a Compensation Fund.

(2) In addition to any other powers given by this Act, the Malaysian Bar may-

(a) purchase or lease any land or building required for any of the purpose of the Malaysian Bar;

(b) sell, surrender, grant, lease, exchange or alter any land or building as may be found most convenient or advantageous;

(c) borrow money whether by way of bank overdraft or otherwise for such of the purposes of the Malaysian Bar as the Malaysian Bar may from time to time consider desirable;

(d) make rules governing the manner of convening general meetings of the Malaysian Bar and the procedure thereat which rules shall be approved and may be amended by ordinary resolution at a general meeting of the Malaysian Bar; and

(e) do all such other things as are incidental or conducive to the achievement or betterment of the purposes of the Malaysian Bar.

(3) In addition to any other rules that it may make under this Act the Malaysian Bar may make rules for giving effect to this Part.

43. Advocate and solicitors members of the Bar.

Every advocate and solicitor shall without election, admission or appointment become a member of the Malaysian Bar and shall remain a member under this section so long as he has a valid practising certificate.

44. Eligibility of a member.

All members who are not in arrears with their subscription under section 46 shall be eligible-

(a) to attend and vote at any general meeting;

(b) subject to section 46A, to be elected to the Bar Council; and

45. Disqualification of a member.

Any member of the Malaysian Bar on ceasing to be qualified for membership shall thereupon cease to be a member.

46. Annual subscription.

(1) The amount of the annual subscription to be paid by members of the Malaysian Bar shall, subject to subsections (4) and (5), be fixed from time to time by the Bar Council.

(2) In fixing the amount of its subscription, the Bar Council shall be at liberty to divide members into classes, and to provide that different amounts shall be paid by different classes and for different periods and generally to regulate and to vary from time to time the subscriptions payable by members or by different classes of members, as the Bar Council may think fair and reasonable.

(3) The Bar Council may from time to time fix levies payable by members for any of the purposes of the Malaysian Bar.

(4) The total of the subscriptions payable under subsection (1), the levies payable under subsection (3) and the annual contribution payable under section 80 shall not in any calendar year exceed three hundred Ringgit for each member without the approval of two thirds of the members present and voting in person at a general meeting of the Malaysian Bar.

(5) Liability to pay any annual subscription to the Malaysian Bar shall arise when the subscription has been fixed by the Bar Council. All annual subscriptions to the Malaysian Bar shall be paid by the 30th day of June of each year.

(6) An advocate and solicitor shall, if he pays his annual subscription after the date mentioned in subsection (5), pay to the Bar Council, in addition to the subscription due, an amount equivalent to the subscription so due.

46A. Disqualification for membership of the Bar Council, a Bar Committee, or of any committee thereof.

(1) A person shall be disqualified for being a member of the Bar Council or a Bar Committee, or of any committee of the Bar Council or a Bar Committee-

(a) unless he is and has been an advocate and solicitor for a period of not less than seven years, or for periods which in the aggregate amount to not less than seven years; or

(b) is he is a member of either House of Parliament, or of a State Legislative Assembly, or of any local authority; or

(i) any trade union, or -

(ii) any political patty, or

(iii) any other organisation, 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, or which is declared by the Attorney General by order published in the Gazette, to be an organisation, body or group of persons which has such objectives or carries on such activities.

(2) An order made by the Attorney General under paragraph (c)(iii) of subsection (1) shall not be reviewed or called in question in any Court.

(3) Where a member of the Bar Council or a Bar Committee, or of any committee of the Bar Council or a Bar Committee, becomes disqualified under subsection (1), he shall immediately thereupon be deemed to have vacated his membership thereof and office that he may hold therein.

47. Establishment of Bar Council.

(1) For the proper management of the affairs of the Malaysian Bar and for the proper performance of its functions under this Act there shall be a Council to be known as the Bar Council.

(2) The Bar Council shall consist of the following-

(a) the immediate past President and Vice-president of the Malaysian Bar;

(b) the chairman of each State Bar Committee and the members elected to represent each State Bar Committee pursuant to section 70(7);

48. Period of holding office.

Subject to this Act, every member of the Bar Council shall hold office for one year but shall be eligible for re-election.

49. Election of Bar Council Members.

(1) Every year at least one week before the month of October the Bar Council shall inform all members of the Malaysian Bar that nominations for the election of the members of the Bar Council referred to in section 47(3)(c) may be made and must reach the office of the Malaysian Bar during the month of October.

(2) Every nomination of a candidate for election-

(a) shall be of a person qualified to be a candidate under this Act;

(b) shall be in writing signed by not less than three members;

(3) The names of candidates for election nominated in accordance with subsection (1) shall be sent to or deposited at the office of the Malaysian Bar in the month of October in each year.

50. Annual Election of Bar Council.

(1) The annual election of members of the Bar Council referred to in section 47(2)(c) shall, subject to section 51, be by postal ballot.

(2) The Bar Council shall fix and publish during the first week of November in every year and notify every member of the Malaysian Bar by letter of-

(a) the names of the candidates nominated for election in accordance with section 49;

(b) the number of persons for whom each member is entitled to vote;

(d) the address to which the postal ballot shall be returned;

(e) the names of three scrutineers.

(3) The Bar Council shall at the same time also forward to every member a ballot paper containing the names of all the candidates nominated under section 49.

(4) All envelopes containing ballot papers received by the Bar Council shall be kept unopened and shall be delivered to the scrutineers on the first working day after the last day of November.

(5) The scrutineers shall count the ballots and declare to the Secretary of the Bar Council the persons elected not later than the end of the first week of December of each year and thereupon the Secretary of the Bar Council shall forthwith advise each State Bar Committee of the persons so elected.

(6) Any accidental failure on the part of the Bar Council to comply with this section or of any rules made with respect to elections to the Bar Council shall not invalidate an election.

51. When election deemed to be election.

(1) If only, so many candidates are nominated for election to the Bar Council as are required to be elected, those candidates shall be deemed to be elected; if fewer, the candidates nominated shall be deemed to have been elected and they together with the other members of the Council shall appoint such further members as may be necessary to satisfy the requirements of subsection (2)(c) of section 47.

(2) If no nominations are made for the election of members of the Bar Council the other members of the Bar Council shall appoint as members of the Council twelve persons qualified to be candidates under this Act.

(3) Members of the Council appointed under subsections (1) and (2) shall, for the purposes of this Act, be deemed to be elected members.

52. Bar Council when constituted.

Every incoming Bar Council constituted under this Part shall take office on the conclusion of the annual general meeting next following and shall hold office until the conclusion of the annual general meeting in the following year.

53. Casual vacancy to be filled by qualified person.

(1) Any casual vacancy arising amongst the elected members of the Bar Council shall be filled by the Bar Council 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 Council the continuing members of the Council may act if there is a quorum; and no act done by or under the authority of the Bar Council shall be invalid in consequence of any defect subsequently discovered in the election or qualification of the members or any of them.

54. President, Vice-president and Secretary of the Bar.

(1) There shall be a President, a Vice-president and a Secretary of the Malaysian Bar to be elected by the Bar Council from amongst its members; but no President, Vice-president or Secretary shall hold office for more than two consecutive years, and in the event of any casual vacancy arising in respect of the office of the President, the Vice-president or the Secretary of the Malaysian Bar, the Bar Council shall at its next meeting or as soon as may be thereafter elect one of its members to fill the vacancy.

(2) The President or in his absence the Vice-president shall be the Chairman of the Bar Council and shall preside at all meetings of the Bar Council and of the Malaysian Bar.

(3) In the absence of both the President and the Vice-president, the Bar Council shall elect a Chairman from amongst its members.

55. When a member of the Council to vacate office.

A member of the Bar Council shall vacate his office if-

(a) he is struck off the Roll or is suspended from practising as an advocate and solicitor; or

(b) he becomes bankrupt or insolvent or enters into composition with any creditor or takes or attempts to take the benefit of any written law to liquidate his assets or affairs; or

(d) he resigns his seat on the Council; or

(e) he is absent from three consecutive meetings of the Bar Council without reasonable cause and the Bar Council resolves that he be removed from office.

56. Powers and acts of Bar Council

The management of the Malaysian Bar and of its funds shall be vested in the Bar Council; and all the powers, acts or things which are not by this Act expressly authorised, directed or required to be exercised or done by the Malaysian Bar in general meeting may, subject to this Act or any rules made thereunder or any resolution passed from time to time by the Malaysian Bar in general meeting, be exercised or done by the Bar Council: Provided that no such resolution of the Malaysian Bar shall invalidate the previous exercise of any powers or the previous doing of any act or thing by the Bar Council which would have been valid if the resolution had not been passed.

57. Specific powers of the Bar Council.

Without prejudice to the general powers conferred by section 55 or the specific powers to make rules conferred by any other provisions of this Act the Bar Council shall have power-

(a) to make rules to provide for all matters not expressly reserved to the Malaysian Bar in general meeting whether the same be expressed amongst its powers or not;

(b) to answer questions affecting the practice and etiquette of the profession and the conduct of members;

(c) to take cognizance of anything affecting the Malaysian Bar or the professional conduct of its members and to bring before any general meeting of the Malaysian Bar any matter which it considers material to the Malaysian Bar or to the interests of the profession and to make any recommendations and take any action as it considers fit in relation thereto;

(d) to examine and if it considers fit to report upon current or proposed legislation and any other legal matters;

(e) to represent members of the Malaysian Bar or any section thereof or any particular member in any matter which may be necessary or expedient;

(f) with the prior approval of the Malaysian Bar in general meeting, to award prizes and scholarships for students of law and to lay down the conditions for their award;

(g) to appoint officers, clerks, agents and servants for permanent, temporary or special services as it may from time to time consider fair and reasonable and to determine their duties end terms of service;

(h) to purchase, rent or otherwise acquire and furnish suitable premises for the use of the Malaysian Bar;

(i) to communicate from time to time with other similar bodies and with members of the profession in other places for the purpose of obtaining and communicating information on all matters likely to be beneficial or of interest to members;

(j) to institute, conduct, defend, compound or abandon any legal proceedings by and against the Malaysian Bar or its officers or otherwise concerning the affairs of the Malaysian Bar and to compound and allow time for payment or satisfaction of any debts due or of any claims or demands made by or against the Malaysian Bar;

(k) to invest and deal with any moneys of the Malaysian Bar from time to time in securities authorised for the investment of trust funds by any written law;

(l) from time to time to borrow or raise money by bank overdraft or otherwise by the issue of debentures or any other securities founded or based upon all or any of the property and rights of the Malaysian Bar or without any such security and upon such terms as to priority or otherwise as the Bar Council shall consider fit; and

(m)to exercise all such powers, privileges and discretion as are not by this Act expressly and exclusively required to be exercised by the members of the Malaysian Bar in general meeting.

58. Appointment of Committees

(1) The Bar Council may appoint one or more committees for general or special purpose as in the opinion of the Bar Council may be better regulated or managed by means of a committee and the Bar Council may delegate to any committee so appointed, with or without restrictions or conditions, the exercise of any functions of the Bar Council,

(2) The number and term of office of the members of a committee appointed under this section, and the number of these members necessary to form a quorum, shall be fixed by the Bar Council and unless so fixed shall not be less than three.

(3) A committee appointed under this section may include persons who are not members of the Bar Council.

(4) The Bar Council shall not delegate to a committee appointed under this section any of its functions unless at least two thirds of the members of the committee (including the Chairman thereof are members of the Council.

59. Rights to inspect file and copies of proceedings in Bankruptcy

The Bar Council shall be entitled, without payment of any fee, to inspect the file of proceedings in bankruptcy relating to any advocate and solicitor against whom proceedings in bankruptcy has been taken, and to be supplied with office or certified copies of the proceedings on payment of the usual charge for such copies.

60. Power of Bar Council to accept gifts.

(1) The Bar Council may on behalf of the Malaysian Bar accept by way of grant, gift, testamentary disposition or otherwise property or moneys in aid of the finances or purposes of the Malaysian Bar on such conditions as the Bar Council may determine,

(2) Registers shall be kept of all donations to the Malaysian Bar including the names of donors and any special conditions on which any donation has been given.

(3) All property, moneys or funds donated to the Malaysian Bar for any specific purposes shall, subject to the law relating to charities, be applied and administered in accordance with the purposes for which they have been donated and shall be separately accounted for.

61. Representative in court.

The Malaysian Bar may be represented or appear in any court by any advocate and solicitor whether he is a member of the Bar Council or not.

62. Meeting of the Council.

(1) The Bar Council may decide to call a meeting at any time and place and as often as may be necessary, and the Chairman of the Bar Council may on his own or at the request in writing of not less than one half of its members call an emergency meeting of the Bar Council to consider any urgent matter.

(2) Nine members personally present at any meeting of the Bar Council shall constitute a quorum for the transaction of any business.

(3) A decision of the majority of the members of the Bar Council present and voting at any meeting of the Bar Council shall be deemed to be a decision of the Bar Council.

(4) At any meeting of the Bar Council the Chairman shall have a casting vote.

(5) Subject to any rules of the Malaysian Bar, the Bar Council may regulate its own proceedings and in particular the holding of meetings, the notice to be given of any meetings, the proceedings at the meeting, the keeping of minutes and the custody, production and inspection of the minutes.

63. Expenses of Members.

No fees shall be paid to any member of the Bar Council but a member may be reimbursed from the funds of the Malaysian Bar for traveling expenses incurred by him in relation to the affairs of the Malaysian Bar. General Meeting of The Malaysian Bar

64. Annual General Meetings.

(1) The Bar Council shall each year convene an annual general meeting of the Malaysian Bar to be held before the first day of April.

(2) The Bar Council shall cause To be prepared and presented to the annual general meeting-

(a) a report on the activities of the Malaysian Bar during its term of office; and

(b) proper accounts, duly audited, of all funds, property and assets of the Malaysian Bar for the twelve months terminating on the 31st day of December immediately preceding such general meeting.

65. General meeting.

(1) The Bar Council may convene a general meeting of the Malaysian Bar other than the annual general meeting at any time the Bar Council considers it necessary or expedient,

(2) Any fifty members of the Malaysian Bar may at any time requisition a general meeting by written notice in that behalf signed by them and served on the President, Vice-president or the Secretary of the Malaysian Bar; and the Bar Council shall convene a general meeting to be held within thirty days of such service,

(3) The written notice shall specify the object of the proposed meeting.

(4) If the Bar Council fails to convene a general meeting in accordance with the requisition within thirty days of the service of such requisition, the requisitioning members may convene the general meeting within sixty days of such service.

(5) If any member of the Malaysian Bar desires to propose any motion to be considered at the annual or other general meeting to be convened under this section, he shall not less than seven days before the date of the meeting serve upon the Secretary of the Malaysian Bar notice of such motion in writing.

66. Voting.

At every general meeting other than an annual general meeting, every member present shall have one vote and the Chairman of that meeting shall have a casting vote,

67. Quorum.

(1)The quorum for a general meeting of the Malaysian Bar shall be one-fifth of the total number of members of the Malaysian Bar personally present of any greater number as shall be provided under any rules made pursuant to section 42(2)(d) and no business shall be transacted at any general meeting unless a quorum is present when the meeting proceeds to business.

(2) Any general meeting, whether convened on the requisition of members pursuant to section 65 (2) or convened pursuant to section 65 (4), shall be dissolved if a quorum is not present within half an hour from the time appointed for holding the meeting. [Am. Act A 812]

(3) Any question at a general meeting of the Malaysian Bar shall be decided by the votes of not less than two-thirds of the members present and voting.

68. Combined Bar - State Bar Committee.

(1) In this Part- "combined Bar" means a State Bar which combines all the members in any two or more States and recognised as such under section 69.

(2) For the purpose of this Part, a member of the State Bar is deemed to be practising in a State if he ordinarily practises in that State. The opinion of the State Bar Committee shall be prima facie evidence that the member ordinarily practises in the State.

(3) A member may ordinarily practise in more than one State and all members practising in the Federal Territory shall be deemed to be members of the Selangor State Bar.

(4) Members practising in the Federal Territory of Kuala Lumpur shall be entitled to establish a separate bar for the Federal Territory A 8121 of Kuala Lumpur to be known as the Kuala Lumpur Bar. The decision to have a separate bar shall be made by a majority vote of the members present at a general meeting called for this purpose. [Ins. Act A 812]

(5) At the time of establishment of the Kuala Lumpur Bar any member who had paid the annual subscription for that calendar year to the Selangor State Bar Committee shall not be required to pay a second annual subscription for the same year to the Kuala Lumpur Bar Committee. [Ins. Act A 812]

(6) The assets of the Selangor State Bar, which is commonly known as the Selangor and Federal Territory Bar, shall, upon establishment of the Kuala Lumpur Bar, be apportioned between the Selangor State Bar and the Kuala Lumpur Bar in the proportions that their respective memberships bear to the membership of the former combined Bar. [Ins. Act A 812]

69. Combination of members as State Bar.

The combination of any ten or more members in a State or of any ten or more members in two or more States for the purposes of Part IV of the Ordinance shall be recognised as a State Bar for the purposes of this Act provided that not less than ten of the members representing the State Bar have been practising in the relevant State or States for the whole of the period of the twelve months immediately before the coming into operation of this Act.

70. Annual General Meeting of State Bar.

(1)The Secretary of each State Bar shall, before the first day of March in each year, summon all members of the State Bar to an annual general meeting to be held in that month at a time and place to be fixed by him. Only members of the State Bar shall be entitled to attend and vote at the meeting.

(1A)The State Bar Committee shall cause to be prepared and presented to the annual general meeting- [Ins. Act A 812]

(a) a report on the activities of the State Bar during its term of office; and

(b) proper accounts, duly audited, of all funds, property and assets of the State Bar for the twelve months ending on the 31st day of December immediately preceding such general meeting.

(2) At every annual general meeting, the Chairman of the State Bar Committee shall preside and in his absence the most senior member present who is willing to preside shall preside, and the quorum shall be one-third of the total number of members of the State Bar. If a quorum is not present within half an hour from the time appointed for holding the meeting it shall stand adjourned to the same day in the week next following at the same time and place unless otherwise notified to members by the State Bar Committee. [Ins. Act A 812]

(3) Any question at that meeting shall be decided by the votes of not less than two thirds of the members present and voting and the presiding member shall have a casting vote,

(4) The meeting shall elect from among the members of the State Bar a Chairman and not less than four and not more than six members to form the State Bar Committee.

(5) The Chairman and the members of the Committee so elected shall hold office until the conclusion of the next annual general meeting of the State Bar.

(6) Every State Bar Committee shall appoint a Secretary who shall be a Member of the State Bar.

(7) After the election of the State Bar Committee the meeting shall elect one member of the State Bar (who need not be a member of the State Bar Committee) to represent the State Bar on the Bar Council: Provided that were the Chairman of the State Bar Committee elected pursuant to subsection (4) is also the current President or Vice-president of the Malaysian Bar, the meeting shall elect two members instead of one under this subsection.

(7A) If for any reason a member elected under subsection (7) vacates office, the State Bar Committee shall appoint another member of the State Bar to take his place and the member so appointed shall hold office for the remainder of the term of office of the member he replaces.

(8) The Chairman of the State Bar Committee shall inform the Registrar and the Secretary of the Malaysian Bar the names of the persons elected and appointed as Chairman, members and Secretary respectively of the State Bar Committee and of the persons elected as representatives of the State Bar on the Bar Council.

(9) The Secretary of the Malaysian Bar shall, in the month of October in each year send to all Assistant Registrars in each State a list of all the representatives elected to represent the State Bars on the Bar Council; and the lists shall be made available for inspection by all members without charge.

70A. General meeting of State Bar.

(1) Every State Bar Committee may convene a general meeting of the State Bar other than the annual general meeting at any time the Bar Committee considers it necessary or expedient.

(2) The quorum at every such meeting shall be one-third of the total members of the State Bar.

(3) Any ten members of the State Bar or one-third of the members of the State Bar whichever shall be the greater may at any time requisition a general meeting by written notice in that behalf signed by them and served on the Chairman or the Secretary of the State Bar Committee and the State Bar Committee shall convene a general meeting to be held within thirty days of such service.

(4) The written notice shall specify the object or objects of the proposed meeting.

(5) If the State Bar Committee fails to convene a general meeting in accordance with the requisition within thirty days of the service of such requisition, the requisitioning members may convene the general meeting within sixty days of such service.

(6) Any general meeting convened under subsection (3) or (5) shall be dissolved if a quorum is not present within half an hour from the time appointed for holding the meeting. [Am. Act A 812]

(7) At every general meeting every member present shall have one vote and the Chairman of that meeting shall have a casting vote.

(8) Any question at the meeting shall be decided by not less than two-thirds of the members present and voting.

71. Severance of combined Bar.

(1) Where the number of members in each of the States forming a combined Bar exceeds ten, the members of the Bar of a State may, at any general meeting called for the purpose, pass by a majority of the members present and voting a resolution that such combined Bar be severed.

(2) One month after the passing of such resolution, the combined Bar shall be severed, and the members in each of the States forming the combined Bar shall thereafter form a separate State Bar.

(3) The chairman of the meeting referred to in subsection (1) shall report the passing of any resolution to the Registrar and to the Bar Council.

(4) Where the number of members in one of the State forming a combined Bar does not exceed ten, the members of the Bar of that state may sever themselves from the members of the Bar of the other State if-

(a) the number of members in the other State exceeds ten; and

(b) the members of the Bar of the first-mentioned State have found another State the members of whose Bar have expressed their willingness by a vote of a simple majority of their members at a general meeting to combine with the members of the Bar of the first-mentioned State.

(5) Subsections (2) and (3) shall apply muratis muranofis to a severance of a combined Bar effected pursuant to subsection (4).

(6) Where severance takes place pursuant to the provisions of this section, the assets of the foriner combined Bar shall be apportioned as provided in subsection (61 of section 68 mutatis mutandis. [Ins. Act A 812]

72. Meeting of the State Bar Committee.

(1) Each State Bar Committee shall meet at such time and place as the Chairman may appoint.

(2) Each State Bar Committee shall regulate its proceedings in any manner that it considers fit; except that the quorum shall not be less than three members personally present: Provided that a resolution circulated and signed by not less than three members or all the members present in Malaysia whichever is the greater at the date of the passing of the resolution shall be deemed to have been passed at a properly constituted meeting of the State Bar Committee.

73. Powers of the State Bar Committee.

Each State Bar Committee shall have the following powers-

(i) to levy subscriptions from its members of an amount not exceeding in any one year one hundred Ringgit from each member unless it has been agreed to by the State Bar Committee at its annual general meeting that the subscription shall be in excess of one hundred Ringgit; and subscriptions shall be payable in each year to the appropriate State Bar Committee by each advocate and solicitor by the 3rd day of June;

(ii) to promote and safeguard the interests of advocates and solicitors who are members of the State Bar;

(iii)to make appropriate representations to the Malaysian Bar upon matters concerning the State Bar;

(iv)to entertain and deal with such matters as may from time to time be referred to it either generally or specifically by the Bar Council or the State Bar in general meeting;

(v) to provide amenities for and generally to promote the welfare of members of the State Bar;

(vi)to inquire into and proceed with any complaint of the conduct of an advocate and solicitor in his professional capacity or of any pupil or articled clerk under Part VI;

(vii)to co-opt as members of the Committee not more than two members of the State Bar who shall have no right to vote at any meeting of the Committee.

74. Fees not allowed to State Bar Committee.

No fees shall be paid to any member of a State Bar Committee, except for any traveling expenses incurred by any member of the State Bar Committee, Such expenses may with the approval of the State Bar Committee, be reimbursed to the member from the funds of that Committee.

75. Casual vacancy.

(1) Any casual vacancy in a State Bar Committee shall be filled by the continuing members of the State Bar Committee by the appointment of a member of the State Bar concerned and any member so appointed shall hold office for the remainder of the term of office of the member he replaces.

(2) Notwithstanding any vacancy in the State Bar Committee the continuing members of the Committee may act if there is a quorum; and no act done by or under the authority of the State Bar Committee shall be invalid in consequence of any defect subsequently discovered in the election or qualification of the members or any of them.

76. Names of Council and Committee members to be published in the Gazette

(1) The names of the members of the Bar Council and of the Secretary of the Malaysian Bar and of the Chairman and members of the State Bar Committees and of the Secretaries appointed by them including that of any persons appointed to fill any vacancies shall be published in the Gazette.

(2) Except and in so far as may be necessary for the purpose of giving effect to any resolution passed or decision made, secrecy shall be maintained in all proceedings conducted by the Bar Council, the State Bar Committee, the Inquiry Committee and their staff.