CHEMISTS ACT 1975

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 158 CHEMISTS ACT 1975 As at 30 November 2015 2 CHEMISTS ACT 1975 ... … … … … … Date of publication in ... … … … … the Gazette … Date of Royal Assent Latest amendment made by Act A1493 which came into operation on 15 May 1975 22 May 1975 ... … … … … 1 November 2015 PREVIOUS REPRINTS First Reprint … … … 1998 Second Reprint … … … 2006 3 LAWS OF MALAYSIA Act 158 CHEMISTS ACT 1975 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title, application and commencement 2. Interpretation PART II THE INSTITUTE 3. The institute and its power 4. Composition of the Institute 5. Office of the Institute 6. Fund of the Institute 7. Functions of the Institute 8. Rules of the Institute PART III THE COUNCIL 9. Constitution of the Council 10. General powers of the Council 11. Specific powers of the Council 4 Laws of Malaysia ACT 158 Section 11A. Members of Council, Committees, etc., must be citizens 1 2 . Power of first Council to make rules 1 3 . Minister’s directions PART IV MEMBERSHIP OF THE INSTITUTE 1 4 . The Registrar and Secretary 1 5 . Register of members 1 6 . Membership of the Institute 1 7 . Grades of membership 1 8 . Entitlement 1 9 . Prohibition PART V GENERAL 2 0 . Appointment of Investigation Committee and Disciplinary Committee 2 1 . Functions of Investigation Committee and Disciplinary Committee 2 2 . Appeal against decision of Disciplinary Committee 2 3 . Holding out as registered chemist and restrictions pertaining to chemical analysis 23A. Authorization pertaining to chemical analysis 2 4 . Saving 2 5 . Fraudulent practices 2 6 . Offences by firms 2 7 . Appointment and powers of Inspectors 2 8 . Recovery of moneys by Council 2 9 . Cesser of Society and transfer of property, rights and liabilities FIRST SCHEDULE SECOND SCHEDULE 5 LAWS OF MALAYSIA Act 158 CHEMISTS ACT 1975 An Act to incorporate the Malaysian Institute of Chemistry and to provide for matters connected therewith and for other incidental matters. [1 November 1977, P.U. (B) 627/1977; except subsection 23(2):1 October 1978, P.U. (B) 516/1978] 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: PART I PRELIMINARY Short title, application and commencement 1. (1) This Act may be cited as the Chemists Act 1975. (2) This Act shall apply throughout Malaysia and, except as provided in subsection (3), shall come into operation on a date to be appointed by the Minister by notification in the Gazette. (3) Subsection 23(2) shall come into operation on a date to be appointed by the Minister by notification in the Gazette, being a date not earlier than four calender months after the date appointed under subsection (2). 6 Laws of Malaysia ACT 158 Interpretation 2. In this Act, unless the context otherwise requires— “appointed date” means the date appointed under subsection 1(2) for the coming into operation of this Act; “Committee” means any Committee appointed under this Act; “Council” means the Council of the Institute; “Institute” means the Malaysian Institute of Chemistry established under section 3; “member” or “member of the Institute” or “registered chemist” means a person who is for the time being registered under this Act as a member of the Institute; “Minister” means the Minister charged with the responsibility for science, technology and innovation; “register” means the register of members maintained under section 15; “registered pharmacist” has the meaning assigned thereto in the Registration of Pharmacists Act 1951 [Act 371]; “Registrar” means the Registrar of the Institute specified by subsection 14(1); “rules” and “by-laws” mean rules and by-laws made under this Act; “Secretary” means the Secretary of the Council appointed under subsection 14(2); Chemists 7 “Society” means the body known as the Malaysian Institute of Chemistry registered as a society on the 13 October 1967 [G.N. 4647 of 1967] under the Societies Act 1966 [Act 335]. PART II THE INSTITUTE The Institute and its powers 3. (1) There shall be established a body corporate by the name of “Malaysian Institute of Chemistry” which shall have perpetual succession and a common seal and which may, subject to this Act, sue and be sued in its corporate name, enter into contracts, acquire, purchase, take, hold and enjoy movable and immovable property or any rights therein, and convey, assign, surrender, charge, mortgage, reassign, transfer, dispose of, or otherwise deal therewith. (2) Without prejudice to the generality of subsection (1), the Institute may do all things necessary for the purpose of the Institute and in particular may, subject to subsection (3)— (a) purchase or lease any lands required for the purposes of the Institute; (b) take up and subscribe for or otherwise acquire stocks and shares in any company, if membership of the company is essential or advantageous to the Institute for the purpose of acquiring and holding any lease or tenancy from the company of land required for the purposes of the Institute; (c) except in the case of leases from month to month, sell, surrender, lease, exchange, or mortgage any land or building vested in it, in such manner as it finds most convenient or advantageous; 8 Laws of Malaysia ACT 158 (d) borrow money whether by way of bank overdraft or otherwise for such of the purposes of the Institute as the Council from time to time considers desirable; (e) guarantee any contract with any company from which the Institute holds or intends to hold any lease or tenancy in accordance with paragraph (b) and any other contract in which the Institute may have a financial interest and to which it may lawfully be a party under this section; and (f) receive gifts, donations and bequests from individuals, companies, foundations or other sources. (3) The exercise of the powers under paragraphs (2)(a), (b), (c), (d) and (e) shall be with the approval of the Minister. Composition of the Institute 4. (1) The Institute shall consist of the persons for the time being registered as members thereof under this Act. Office of the Institute 5. The Institute shall at all times keep and maintain an office, and the address of the office and any change thereof shall be published by the Registrar in the Gazette. Fund of the Institute 6. The Institute shall establish and administer a fund into which shall be paid and from which shall be defrayed all sums received and all expenditure properly incurred by the Institute in the exercise of its functions under this Act. Chemists 9 Functions of the Institute 7. The functions of the Institute shall be— (a) to determine the qualifications of persons for dmission as members; (b) to provide— (i) for the training, education and examination by the Institute or any other body, of persons intending to be members; and (ii) for the training and continuous professional development of members practicing or intending to practice the profession of chemistry in Malaysia; (c) to regulate the practice, by members, of the profession of chemistry in Malaysia; (d) to promote the importance of the profession of chemistry and also to increase public awareness and appreciation with regard to the field of chemistry; (e) to render such pecuniary or other assistance to members or their dependants as it thinks fit with a view to protecting or promoting the welfare of members; (f) to provide information and advice to members and the public on matters relationg to chemistry; (g) to collaborate with other government agencies, national and international professional bodies, national and international scientific organizations and higher educational institutions on matters relating to chemistry; (h) to provide professional input, advice and consultation on national and global issues affectiong the public by 10 Laws of Malaysia ACT 158 working closely with academia, other professional bodies and the industry; (i) to approve or refuse the granting of accreditation of chemistry and chemistry-related programs in public higher educational institutions and private higher educational institutions in Malaysia in accordance with the Malaysian Qualifications Agency Act 2007 [Act 679]; (j) to advice the Minister on matters relating to chemistry and chemistry professional; and (k) to promote advances in the field of chemistry and chemistry-related sciences and their applications. Rules of the Institute 8. (1) Subject to subsection (2), the Institute may at any general meeting make such rules as may be necessary or expedient for giving effect to the provisions of this Act and for the due administration thereof and such rules may provide for any of the following matters: (a) the regulation of the practice, by members, of the profession of chemistry in Malaysia; (b) the admission of members, the fees payable on admission, and the manner in which membership shall cease; (c) the qualifications of persons for admission as members; (d) the training, education or examination of persons for admission as members and the fees payable therefor; (e) the practical experience required for admission as members and the authority of the Council or any Chemists 11 Committee to approve places of employment in which such practical experience may be obtained; (f) the classification from time to time of members; (g) the election, appointment, resignation and removal of members of the Council; (h) the election, appointment, resignation and removal of the President and the Vice-President of the Institute and the Secretary of the Council; (i) the holding of meetings of the Council and of the members; (j) the manner of voting at any meeting of the Council or of the members; (k) the procedure of the Investigation Committee and the Disciplinary Committee and the procedure relating to any complaint to any such Committee; (l) the publication in the Gazette, newspapers and elsewhere of the proceedings and findings of the Disciplinary Committee; (m) the use and custody of the common seal of the Institute; (n) the custody, investment and expenditure of the fund and property of the Institute; (o) the regulation and administration of the Institute in all matters within its powers; and (p) such other matters as are required to be prescribed under this Act. 12 Laws of Malaysia ACT 158 (2) All rules made under subsection (1) shall be subject to the approval of the Minister and shall, if approved by the Minister, be published in the Gazette. PART III THE COUNCIL Constitution of the Council 9. (1) For the purposes of this Act there shall be established a Council of the Institute consisting of the Director General of Chemistry and, subject to subsection (2), of fifteen members of the Institute elected by the members thereof. (2) The elected members of the Council shall at all times include not less than three Fellows and not more than three Licentiates. (3) The President and Vice-President of the Institute shall be elected by the Council from among its members and in the event of any casual vacancy arising in the office of the President or VicePresident, the Council shall at its next meeting or as soon as may be thereafter elect one of its members to fill the vacancy. (4) The First Schedule shall apply to the Council. General powers of the Council 10. (1) The Institute and its funds shall be managed by the Council and all such powers, acts or things as may be exercised or done by the Institute that are not by this Act expressly directed or required to be exercised or done by the Institute in general meeting may, subject to this Act or the rules or any resolution passed from time to time by the Institute in general meeting, be exercised or done by the Council. (2) No resolution of the Institute shall invalidate th