QUANTITY SURVEYORS ACT 1967

LAWS OF MALAYSIA _____________ ONLINE VERSION OF UPDATED TEXT OF REPRINT _____________ Act 487 QUANTITY SURVEYORS ACT 1967 As at 1 May 2016 2 QUANTITY SURVEYORS ACT 1967 Date of Royal Assent … … 1967 (Act No. 67 of 1967) Date of publication in the Gazette … … 1992 (Act 487 w.e.f. 18 March 1992) Latest amendment made by Act A1481 which came into operation on … … … 30 January 2016 PREVIOUS REPRINTS First Reprint … … … 2002 Second Reprint … … … 2006 3 LAWS OF MALAYSIA Act 487 QUANTITY SURVEYORS ACT 1967 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title and application 2. Interpretation PART II BOARD OF QUANTITY SURVEYORS 3. Establishment of Board of Quantity Surveyors 4. Functions of the Board 4A. Power of the Board to purchase or lease land, etc. PART III REGISTRATION OF QUANTITY SURVEYORS, PROVISIONAL QUANTITY SURVEYORS AND QUANTITY SURVEYING TECHNOLOGISTS 5. Register 6. Appointment and duties of Registrar 7. Restrictions of unregistered persons, Consultant Quantity Surveyor, etc. 7A. Consulting Quantity Surveying Practice 7B. A body corporate providing a combination of services comprising consulting Quantity Surveying services, professional engineering services or architectural consultancy services 4 Laws of Malaysia ACT 487 Section 8. Consultant Quantity Surveyor, Professional Quantity Surveyor and Consulting Quantity Surveying Practice may prepare preliminary estimates, etc.. 9. (Deleted) 10. Qualifications for registration 10A. Registration of Quantity Surveying Technologist 11. (Deleted) 12. Application for registration 13. Certificate of registration 14. Notification of change of address PART IIIA DISCILPNARY COMMITTEE AND DISPUTE RESOLUTION PANEL 14A. Disciplinary Committee 14B. Dispute Resolution Panel PART IV CANCELLATION, REMOVAL, REINSTATEMENT, ETC. 15. Cancellation of registration, etc. 16. Removal from Register 17. Reinstatement 18. Certificates or permits to be returned PART V GENERAL 19. Appeal 20. Appeal Board 21. Tenure of office of members of the Appeal Board Quantity Surveyors 5 Section 22. Procedure of appeal 23. Procedure of Appeal Board 24. Penalties for obtaining registration by false pretences, etc. 24A. Restriction on employment of unregistered persons 24B. Restriction on employment of firm or body corporate as Consulting Quantity Surveying Practice 24C. Investigating Committee 24D. Procedure for hearing and investigation 25. General penalty 25A. Failure to comply with orders of the Disciplinary Committee or Appeal Board 25B. Power of search and seizure 25C. List of things seized 26. Rules 26A. Authorization by President 26B. Notices 27. Building and Mining Surveyors excluded 28. Saving as to right of Government 29. Indemnity 30. Appointment of advocate and solicitor and other persons SCHEDULE 7 LAWS OF MALAYSIA Act 487 QUANTITY SURVEYORS ACT 1967 An Act to provide for the establishment of the Board of Quantity Surveyors, for the registration of Quantity Surveyors and approval to practise of firms or bodies corporate practising as consulting Quantity Surveyors, for the regulation of the practice of quantity surveying and for matters connected therewith. [Throughout Malaysia—1 December 1973, P.U. (B) 515/1973] 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 and application 1. (1) This Act may be cited as the Quantity Surveyors Act 1967, and shall apply throughout Malaysia. (2) (Omitted). (3) The Minister may by notification in the Gazette suspend the operation of this Act in any part of the Federation. Interpretation 2. In this Act, unless the context otherwise requires— 8 Laws Of Malaysia ACT 487 “Architect” has the same meaning assigned to it in the Architects Act 1967 [Act 117]; “architectural consultancy services” has the meaning assigned to it in the Architects Act 1967 [Act 117]; “authorized officer” means an officer authorized by the Board under paragraph 4(ff); “Consultant Quantity Surveyor” means a person who is registered under subsection 10(3); “Consulting Quantity Surveying Practice” means a sole proprietorship, partnership or body corporate incorporated under the Companies Act 1965 [Act 125], which is granted by the Board a permit to practise as a Consulting Quantity Surveying Practice under section 7 A; “Disciplinary Committee” means a committee appointed by the Board under section 14A; “Dispute Resolution Panel” means a panel appointed by the Board under section 14B to mediate, adjudicate or arbitrate or otherwise resolve disputes including expert determination; “Minister” means the Minister charged with the responsibility for public works; “prescribed” means prescribed by rules made by the Board of Quantity Surveyors; “Professional Engineer with Practising Certificate” has the same meaning assigned to it in the Registration of Engineers Act 1967 [Act 138]; “professional engineering services” has the meaning assigned to it in the Registration of Engineers Act 1967; “Professional Quantity Surveyor” means a person who is registered under subsection 10(2); Quantity Surveyors 9 “Provisional Quantity Surveyor” means a person who is registered under paragraph 10(1)(a); “Quantity Surveying Technologist” means a person who is registered under section 10A; “Register” means the Register of Quantity Surveyors kept and maintained by the Board of Quantity Surveyors under section 5. PART II BOARD OF QUANTITY SURVEYORS Establishment of Board of Quantity Surveyors 3. (1) For the purposes of this Act there is hereby established a board to be called “the board of Quantity Surveyors” (hereinafter referred to as “the Board”) which shall be a body corporate with perpetual succession and a common seal and which may sue and be sued. (2) The Board shall consist of the following members who shall be Malaysian citizens and who are appointed by the Minister— (a) a President who shall be a Consultant Quantity Surveyor or Professional Quantity Surveyor; (b) five members from among Consultant Quantity Surveyors or Professional Quantity Surveyors who are in the public service of Malaysia; (c) (Deleted by Act 242); (d) one member from among Consultant Quantity Surveyors or Professional Quantity Surveyors who is in the service of any local authority or statutory authority; 10 Laws Of Malaysia ACT 487 (dd) one member from among Consultant Quantity Surveyors or Professional Quantity Surveyors from an institution of higher learning; (e) four Consultant Quantity Surveyors from the private sector who are practising in Malaysia, on the nomination of the Royal Institution of Surveyors Malaysia or any other professional body recognized by the Board to represent Quantity Surveyors in the private sector; (ea) one Consultant Quantity Surveyor or Professional Quantity Surveyor from the private sector who is not practising as a consulting Quantity Surveyor, on the nomination of the Royal Institution of Surveyors Malaysia or any other professional body recognized by the Board to represent Quantity Surveyors in the private sector; (f) one member on the nomination of the Board of Architects from among members of that Board established under the Architects Act 1967; (g) one member on the nomination of the Board of Engineers from among members of that Board established under the Registration of Engineers Act 1967; (h) two members from among Consultant Quantity Surveyors or Professional Quantity Surveyors on the nomination of the President. (2A) (Deleted by Act 242). (3) A member of the Board including the President shall, unless he sooner resigns, vacates his office or his appointment is revoked, hold office for such term as may be specified in the instrument appointing him and shall be eligible for reappointment. (4) If any member of the Board dies or resigns, vacates his office or his appointment is revoked, a new member shall as soon as practicable be appointed in his place and the member so appointed Quantity Surveyors 11 shall hold office for the remainder of the term for which his predecessor was appointed. (5) The Schedule shall have effect with respect to the Board. (6) The Minister may, by order published in the Gazette, amend the Schedule. Functions of the Board 4. The functions of the Board shall be— (a) to keep and maintain a Register of Quantity Surveyors; (b) to approve or reject applications for registration or permit to practise under this Act or to approve any such application subject to 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 this Act; (d) to fix from time to time with the approval of the Minister the scale of fees to be charged by Consulting Quantity Surveying Practice for professional advice or service rendered; (e) to hear and determine disputes relating to professional conduct or ethics of Consultant Quantity Surveyor, Professional Quantity Surveyor, Provisional Quantity Surveyor, Quantity Surveying Technologist or Consulting Quantity Surveying Practice 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 consulting quantity surveying services; (f) to determine and regulate the professional conduct and ethics of the Consultant Quantity Surveyor, Professional 12 Laws Of Malaysia ACT 487 Quantity Surveyor, Provisional Quantity Surveyor, Quantity Surveying Technologist and Consulting Quantity Surveying Practice; (fa) to hold or cause to be held professional development programmes for Consultant Quantity Surveyor, Professional Quantity Surveyor, Provisional Quantity Surveyor or Quantity Surveying Technologist to further enhance their knowledge in the latest developments relating to the profession; (fb) to appoint a council comprising members of the Board, Consultant Quantity Surveyors or Professional Quantity Surveyors and other persons or institutions as may be determined by the Board to accredit qualifications and to conduct examination as it deems necessary; (fc) to nominate any person to represent it on any board, committee or body if requested by an institution, body or society relating to the profession; (fd) to nominate any members of the Board to represent the Board on any board, committee or body in accordance with the relevant laws; (fe) to provide scholarships and other facilities for the promotion of learning and education in connection with quantity surveying, where deemed necessary by the Board; (ff) to authorise any person to investigate the commission of any offence under this Act or any rules made under this Act; and (g) generally, to do all such acts, matters and things as are necessary to carry out the provisions of this Act. Power of the Board to purchase or lease land, etc. 4A. The Board shall have power— Quantity Surveyors 13 (a) to purchase or lease any land or building as may be required for the proper exercise of its functions under this Act; (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 of, or otherwise deal in any immovable property of the Board. PART III REGISTRATION OF QUANTITY SURVEYORS, PROVISIONAL QUANTITY SURVEYORS AND QUANTITY SURVEYING TECHNOLOGISTS Register 5. The Register of Quantity Surveyors shall be in five Parts, that is to say— (a) Part A—which shall contain the names, registration numbers, addresses and other particulars of Consultant Quantity Surveyors, together with particulars of any conditions or restrictions imposed by the Board under paragraph 4(b); (b) Part B—which shall contain the names, registration numbers,