REGISTRATION OF ENGINEERS ACT 1967

LAWS OF MALAYSIA _____________ ONLINE VERSION OF UPDATED TEXT OF REPRINT _____________ Act 138 REGISTRATION OF ENGINEERS ACT 1967 As at 1 November 2015 2 REGISTRATION OF ENGINEERS ACT 1967 ... ... … ... 1967 (Act No. 66 of 1967) First Enacted ... ... Revised … … ... … ... … … 1974 (Act 138 w.e.f 1 July 1974) English text to be authoritative … … P.U. 31/1968 Latest amendment made by Act A1479 which came into operation on … … 31 July 2015 PREVIOUS REPRINTS First Reprint … … … 1997 Second Reprint … … … 2000 Third Reprint … … … 2006 3 LAWS OF MALAYSIA Act 138 REGISTRATION OF ENGINEERS ACT 1967 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title 2. Interpretation PART II BOARD OF ENGINEERS 3. Establishment of Board of Engineers 4. Functions of the Board PART III REGISTRATION OF ENGINEERS, ENGINEERING TECHNOLOGISTS AND INSPECTORS OF WORKS 5. Register 6. Appointment and duties of Registrar 7. Restrictions on unregistered persons, Graduate Engineers, etc. 7A. Engineering consultancy practice 7B. A body corporate providing a combination of services comprising professional engineering services, architectural consultancy services or quantity surveying services 8. Only Professional Engineer with Practising Certificate and Engineering consultancy practice may submit plan, drawing, etc. 4 Laws of Malaysia ACT 138 Section 8A. Plan or drawing which a Professional Engineer may submit 9. (Deleted) 10. Qualifications for registration 10A. (Deleted) 10B. Registration of Accredited Checker 10C. Registration of Engineering Technologist 10D. Registration of Professional Engineer with Practising Certificate 10E. Registration of Inspector of Works 11. (Deleted) 12. Application for registration 13. Certificate of registration 14. Notification of change of address PART IIIA DISCIPLINARY COMMITTEE 14A. Disciplinary Committee 14B. Powers of Disciplinary Committee 14C. Proceedings of the Disciplinary Committee PART IV CANCELLATION, REMOVAL, REINSTATEMENT, ETC. 15. Cancellation of registration, etc. 16. Removal from Register 17. Reinstatement 18. Certificates to be returned Registration of Engineers PART V GENERAL Section 19. Appeal 20. Appeal Board 21. Tenure of office of members of the Appeal Board 22. Procedure of appeal 23. Procedure of Appeal Board 24. Penalties for obtaining registration by false pretences, etc. 24A. Restriction on employment of unregistered person as an Engineer 24B. Investigating Committee and its powers 25. General penalty 26. Regulations 26A. Authorization by President 27. Saving as to right of Government 28. Indemnity 29. Appointment of advocate and solicitor SCHEDULE 5 7 LAWS OF MALAYSIA Act 138 REGISTRATION OF ENGINEERS ACT 1967 An Act to provide for the registration of engineers, and sole proprietorships, partnership and bodies corporate providing professional engineering services and for purposes connected therewith. [23 August 1972, P.U (A) 253/1972] PART I PRELIMINARY Short title 1. (1) This Act may be cited as the Registration of Engineers Act 1967. (2) (Omitted). (3) The Minister may by notification in the Gazette suspend the operation of this Act in any part of Malaysia. Interpretation 2. In this Act unless the context otherwise requires— “Accredited Checker” means a person registered under section 10B; “appointed date” means the date appointed for the commencement of this Act; 8 Laws of Malaysia ACT 138 “Architect” has the same meaning assigned to it in the Architects Act 1967 [Act 117]; “architectural consultancy practice” has the meaning assigned to it in the Architects Act 1967 [Act 117]; “Board” means subsection 3(1); the Board of Engineers established by “body corporate providing professional engineering services” means a body corporate, incorporated under the Companies Act 1965 [Act 125], which provides professional engineering services; “Engineering consultancy practice” means a sole proprietorship, partnership or body corporate, providing professional engineering services, registered under section 7A or 7B; “Engineering Technologist” means a person registered under section 10C; “Engineering works” means all works which include any publicly or privately owned public utilities, buildings, machines, equipment, processes, works or projects that require the application of engineering principles and data; “Graduate Engineer” subsection 10(1); means a person registered under “Inspector of Works” means a person registered under section 10E; “Minister” means the Minister for the time being charged with the responsibility for matters relating to works; “Practising Certificate” means a certificate issued by the Board to a Professional Engineer under section 10D; “prescribed” means prescribed by regulations made under section 26; Registration of Engineers 9 “Professional Engineer” means a person registered under subsection 10(2); “Professional Engineer with Practising Certificate” means a person registered under section 10D; “Professional Quantity Surveyor” has the same meaning assigned to it in the Quantity Surveyors Act 1967 [Act 438] “professional engineering services” means engineering services and advice in connection with any feasibility study, planning, survey, design, construction, commissioning, operation, maintenance and management of engineering works or projects and includes any other engineering services approved by the Board; “Register” means the Register kept and maintained under section 5; “registered Engineer” means a Graduate Engineer, Professional Engineer, Professional Engineer with Practising Certificate or Accredited Checker; “registered Person” means a registered Engineer, Engineering Technologist or Inspector of Works; “Registrar” means the Registrar of Engineers appointed under subsection 6(1); PART II BOARD OF ENGINEERS Establishment of Board of Engineers 3. (1) For the purposes of this Act there is hereby established a board to be called “Board of Engineers” which shall be a body corporate with the perpetual succession and a common seal and which may sue and be sued. 10 Laws of Malaysia ACT 138 (2) The Board shall consist of the following members who shall be Malaysian citizens and who are appointed by the Minister: (2A) (a) a President who shall be a Professional Engineer or a Professional Engineer with Practising Certificate; (b) not more than fourteen members who shall be Professional Engineers and Professional Engineers with Practising Certificates, five of whom shall be from a nomination list submitted by the Council of the Institution of Engineers (Malaysia); (c) one member on the nomination of the Board of Architects from among members of that Board established under the Architects Act 1967; and (d) one member on the nomination of the Board of Quantity Surveyors from among members of that Board established under the Quantity Surveyors Act 1967. (Deleted by Act A1158). (3) The members of the Board referred to in paragraph (2)(b) shall consist the following: (a) three Professional Engineers and two Professional Engineers with Practising Certificates who are in the public service of the Federation; (b) not more than two Professional Engineers who are in the service of any local authority or statutory authority; (c) not more than five Professional Engineers with Practising Certificates who are employees, sole proprietors, partners or directors of an engineering consultancy practice; and (d) a Professional Engineer and a Professional Engineer with Practising Certificate who are employees of any person or body of persons, not being in the public Registration of Engineers 11 service of the Federation or in the service of any local authority or statutory authority. (3A) Where the Council of the Institution of Engineers (Malaysia) referred to in paragraph (2)(b) does not submit a nomination list within thirty days before the expiry of the term of office of the five members of the Board nominated by the Council of the Institution of Engineers (Malaysia), the Minister shall appoint any person qualified as a member of the Board. (4) A member of the Board, including the President shall, unless he sooner resigns or his appointment is revoked, hold office for a term not exceeding three years and subject to subsection (5) shall be eligible for reappointment. (5) A member of the Board, including the President, shall not be appointed for more than five consecutive years. (6) If any member of the Board dies or resigns or his appointment is revoked, a new member shall as soon as practicable be appointed in his place and the member so appointed shall hold office for the remainder of the term for which his predecessor was appointed. (7) The provisions of the Schedule shall have effect with respect to the Board. (8) The Minister may, by order published in the Gazette, amend the Schedule. Functions of the Board 4. (1) The functions of the Board shall be─ (a) to keep and maintain the Register; (b) to approve or reject applications for registration under this Act or to approve any such application subject to 12 Laws of Malaysia ACT 138 such conditions or restrictions as it may deem fit to impose; (c) to order the issuance of a written warning or reprimand, the imposition of a fine, suspension, cancellation, removal or reinstatement in accordance with Parts III and IV; (d) to fix from time to time with the approval of the Minister the scale of fees to be charged by registered Persons and Engineering consultancy practices for professional engineering services rendered; (e) to hear and determine disputed relating to professional conduct or ethics of registered Persons or to appoint a committee or arbitrator or arbitrators to hear and determine such disputes; (ea) to act as a stakeholder in a contract for professional engineering services, when requested; (eb) to employ any person, as it deems necessary, to assist the Board in carrying out its functions, powers and duties subject to such terms and conditions as it may determine; (ec) to provide facilities for the promotion of learning and education and to hold or cause to be held professional development programmes, including continuing professional development programmes, for registered Persons to further enhance their knowledge in the latest developments relating to that profession; (ed) to appoint a committee consisting of persons to be determined by the Board— (i) to conduct professional assessment examinations for the purpose of admission as a Professional Engineer; or Registration of Engineers 13 (ii) to conduct professional competency examinations for the purpose of issuing a Practising Certificate to the Professional Engineer; (ee) to 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 regarding the qualifying for admission to the profession; (ef) to appoint a body consisting of members from the Board, Professional Engineers and other persons as may be determined by the Board to advise the Government and the public on matters relating to engineering education, including the certification of such programmes; (eg) to cause examinations to be conducted by an institution recognized by the Board for the purpose of admission to the profession; (f) to determine and regulate the conduct and ethics of the engineering profession; and (g) generally, to do all such acts, matters and things as are necessary to carry out the provisions of this Act. (2) Without prejudice to the general powers conferred by subsection (1) the Board shall have power─ (a) to purchase or lease any land or building required for any of the purposes of the Board; (b) from time to time to borrow or raise money by bank overdraft or otherwise for the purposes specified in paragraph (a); and (c) to lease out, dispose, or