Kn. P.U. 6/1999
THE COUNCIL OF RELIGION OF ISLAM AND MALAY CUSTOM, KELANTAN (CONDUCT AND DISCIPLINE) RULES 1999




Rule 22. Institution of legal proceedings and legal aid.

(1) Where an officer or servant desires legal aid as provided under subrule (3), he shall not institute legal proceedings in his own personal interests in connection with matters arising out of his official duties without the prior consent of the President.

(2) An officer or servant who receives a notice of the institution or intended institution of legal proceedings against him in connection with matters arising out of his official duties or who receives any process of court relating to the said legal proceedings shall immediately report the matter to the Head of Department for instructions as to whether and how the notice or, as the case may be, the process of could is to be acknowledged, answered or defended.

(3) An officer or servant who desires legal aid to retain and instruct an advocate and solicitor for the purpose of legal proceedings in connection with matters arising out of his official duties may make an application to the President. The said application shall contain all the facts and circumstances of the case together with the considered opinion of the Head of Department as to the nature of the officer's or servant's involvement and shall be addressed and submitted to the President.

(4) On receipt thereof, the President may approve or reject the said application, subject to legal advice as to -

and to a further implied condition that, in the event of the officer or servant being awarded costs by the court at the conclusion of the said legal proceedings, no payment in respect of the legal aid so approved will be made by the Majlis unless the amount of costs so awarded to him is insufficient to meet charges for retaining and instructing an advocate and solicitor.

(5) Charges for employing an advocate and solicitor retained and instructed by or on behalf of an officer or servant in legal proceedings in connection with matters arising out of his official duties otherwise then by virtue of approval by the President will not be paid for by the Majlis.



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