TECHNOLOGISTS AND TECHNICIANS ACT 2015

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 768 TECHNOLOGISTS AND TECHNICIANS ACT 2015 As at 1 September 2020 2 TECHNOLOGISTS AND TECHNICIANS ACT 2015 Date of Royal Assent ... ... Date of publication in the Gazette … … … 28 May 2015 … 4 June 2015 3 LAWS OF MALAYSIA Act 768 TECHNOLOGISTS AND TECHNICIANS ACT 2015 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title and commencement 2. Interpretation 3. Non-application PART II MALAYSIA BOARD OF TECHNOLOGISTS 4. Establishment of Malaysia Board of Technologists 5. Functions of the Board 6. Powers of the Board 7. Delegation of the functions and powers of the Board 8. Membership of the Board 9. Common seal 10. Tenure of office 11. Allowances 12. Revocation of appointment and resignation 13. Vacation of office 14. Schedule 15. Disclosure of interest 4 Laws of Malaysia ACT 768 PART III REGISTRATION OF TECHNOLOGISTS AND TECHNICIANS Section 16. Technical services and technology services 17. Register 18. Appointment and duties of Registrar 19. Professional Technologist 20. Certified Technician 21. Registration of Graduate Technologist and Professional Technologist 22. Registration of Qualified Technician and Certified Technician 23. Application for registration 24. Certificate of registration 25. Renewal of registration 26. Notification of change of address PART IV SUSPENSION, CANCELLATION OF REGISTRATION, ETC. 27. Suspension and cancellation of registration 28. Removal from Register 29. Certificate to be returned 30. Reinstatement PART V FINANCE 31. Malaysia Board of Technologists Fund 32. Expenditure to be charged on the Fund 33. Expenditure and preparation of estimates 34. Conservation of the Fund 35. Bank accounts 36. Power to borrow 37. Investment 38. Financial procedure Technologists and Technicians Section 39. Financial year 40. Accounts and reports PART VI GENERAL 41. Grounds for appeal 42. Appeal Board 43. Tenure of office of members of the Appeal Board 44. Appeal 45. Investigating Committee and its powers 46. Penalties for obtaining registration by false pretences, etc. 47. Indemnity 48. Public servant 49. Obligation of secrecy 50. Power to make regulations SCHEDULE 5 7 LAWS OF MALAYSIA Act 768 TECHNOLOGISTS AND TECHNICIANS ACT 2015 An Act to provide for the establishment of the Malaysia Board of Technologists and for the registration and recognition of Professional Technologists and Certified Technicians in providing technology services and technical services and for related matters. [1 August 2015, P.U. (B) 286/2015] ENACTED by the Parliament of Malaysia as follows: PART I PRELIMINARY Short title and commencement 1. (1) This Act may be cited as the Technologists and Technicians Act 2015. (2) This Act comes into operation on a date to be appointed by the Minister by Notification in the Gazette. Interpretation 2. (1) In this Act, unless the context otherwise requires— “Register” means the register kept and maintained under section 17; “Qualified Technician” subsection 22(2); means a person registered under 8 Laws of Malaysia “Certified Technician” subsection 22(4); means a ACT 768 person registered under “skills” means an acquired and practised ability to carry out a task or job competently; “Fund” means the Malaysia Board of Technologists Fund established under section 31; “Board” means the Malaysia Board of Technologists established under subsection 4(1); “Minister” means the Minister for the time being charged with the responsibility for the *Malaysia Board of Technologists; “registered person” means a Professional Technologist, Graduate Technologist, Certified Technician and Qualified Technician; “Registrar” means the Registrar of Technologists appointed under subsection 18(1); “technical services” and “technology services” mean services determined by the Board under section 16; “Graduate Technologist” means a person registered under subsection 21(2); “Professional Technologist” means a person registered under subsection 21(4). Non-application 3. (1) The provisions of this Act shall be in addition to, and not in derogation of, the provisions of any other written law relating to the registration of professionals. *NOTE—See the Ministers of the Federal Government (No. 3) Order 2020 [P.U. (A) 201/2020]. Technologists and Technicians 9 (2) Notwithstanding subsection (1), the provisions of this Act shall not apply to professionals registered under any other written law in force at the time of coming into operation of this Act relating to the registration of professionals. PART II MALAYSIA BOARD OF TECHNOLOGISTS Establishment of Malaysia Board of Technologists 4. (1) A body corporate to be known as the “Malaysia Board of Technologists” is established. (2) seal. (3) The Board shall have perpetual succession and a common The Board may sue and be sued in its name. (4) Subject to and for the purposes of this Act, the Board may, upon such terms as it deems fit— (a) enter into contracts; (b) acquire, purchase, take, hold and enjoy movable and immovable property of every description; (c) from time to time borrow or raise money by bank overdraft or otherwise for the purposes specified in paragraph (b); and (d) convey, assign, surrender, yield up, charge, mortgage, demise, lease, reassign, transfer, or otherwise dispose of, or deal with, any movable or immovable property or any interest vested in the Board. 10 Laws of Malaysia ACT 768 Functions of the Board 5. The Board shall have the following functions: (a) to recognize Professional Technologist and Certified Technician as professionals; (b) to keep and maintain the Register under section 17; (c) to provide facilities for the promotion of education and training and to hold or cause to be held, professional development programmes for registered persons to further enhance their knowledge relating to their professions; (d) to conduct assessments or to cause assessments to be conducted by an institution approved by the Board for the purpose of admission to the profession; (e) to determine and regulate the conduct and ethics of the technologist and technician profession; and (f) generally, to carry out all such acts and do all such things as may appear to the Board necessary to carry out the provisions of this Act. Powers of the Board 6. (1) The Board may do all things necessary or expedient for, or in connection with, the performance of its functions under this Act. (2) Without prejudice to the generality of subsection (1), the Board may— (a) approve or reject applications for registration under this Act or approve any such applications subject to such conditions or restrictions as it deems fit to impose; Technologists and Technicians 11 (b) impose as it deems fit fees or any other charges as prescribed by the regulations in the performance of its functions and the exercise of its powers; (c) pay allowances and other expenses of the members of the Board, council and committees; (d) employ such number of employees as the Board thinks necessary upon such terms and conditions of service as may be determined by the Board for carrying out the purposes of this Act; (e) pay remuneration, allowances and other benefits to the employees; (f) appoint committees consisting of persons to be determined by the Board to assist it in carrying out its functions; (g) establish councils to evaluate the quality assurance of the programme in the field of technology; (h) appoint any person to represent the Board in any committee, panel or institution where that person would subsequently make recommendations to the Board on all matters relating to qualifications for admission to the profession; and (i) cancel the registration of any registered person or remove from the Register, or reinstate into the Register, the name of any registered person. Delegation of the functions and powers of the Board 7. (1) The Board may, in writing, delegate any of its functions and powers, except the power in paragraph 6(2)(g) to— (a) a member of the Board; 12 Laws of Malaysia ACT 768 (b) a committee appointed under paragraph 6(2)(f); and (c) a council established under paragraph 6(2)(g). (2) Any person, committee or council delegated with such functions or powers shall be bound to observe and have regard to all conditions and restrictions imposed by the Board and all requirements, procedures and matters specified by the Board. (3) Any functions and powers delegated under this section shall be performed and exercised in the name and on behalf of the Board. (4) The delegation under this section shall not preclude the Board itself from performing or exercising at any time any of the delegated functions and powers. Membership of the Board 8. (1) The Board shall consist of the following members who shall be appointed by the Minister: (a) a President who shall be a registered Professional Technologist; and (b) not more than eighteen other members of whom— (i) at least one but not more than five who shall be registered Professional Technologists or Certified Technicians working in the public service of the Federation; (ii) at least one but not more than two who shall be registered Professional Technologists or Certified Technicians working in the service of any local authority or statutory authority; Technologists and Technicians 13 (iii) at least one but not more than five who shall be registered Professional Technologists or Certified Technicians working in the private sector; (iv) at least one but not more than five are members of organizations representing the relevant disciplines of technology and promoting the advancement of technology discipline; (v) at least one but not more than five who shall be registered Professional Technologists in the service of institutions of higher learning; (vi) at least one but not more than five who shall be registered Certified Technicians in the service of skills training institutions; and (vii) at least one but not more than three are from among other related professional boards. (2) Notwithstanding subsection (1), the first Board shall consist of the following members who shall be appointed by the Minister: (a) a President who shall be a person qualified to be registered as a registered Professional Technologist; and (b) not more than eighteen other members of whom— (i) at least one but not more than five who shall be persons qualified to be registered as registered Professional Technologists or Certified Technicians working in the public service of the Federation; (ii) at least one but not more than two who shall be persons qualified to be registered as registered Professional Technologists or Certified Technicians working in the service of any local authority or statutory authority; 14 Laws of Malaysia ACT 768 (iii) at least one but not more than five who shall be persons qualified to be registered as registered Professional Technologists or Certified Technicians working in the private sector; (iv) at least one but not more than five are members of organizations representing the relevant disciplines of technology and promoting the advancement of technology discipline; (v) at least one but not more than five who shall be persons qualified to be registered as registered Professional Technologists in the service of institutions of higher learning; (vi) at least one but not more than five who shall be persons qualified to be registered as registered Certified Technicians in the service of skills training institutions; and (vii) at least one but not more than three are from among other related professional boards. Common seal 9. (1) The Board shall have a common seal which shall bear a device approved by the Board and the seal may from time to time be broken, changed, altered and made anew as the Board thinks fit. (2) Until a seal is provided by the Board, a stamp bearing the words “Malaysia Board of Technologists” may be used and shall be deemed to be