TOWN PLANNERS ACT 1995

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 538 TOWN PLANNERS ACT 1995 As at 1 December 2011 2 TOWN PLANNERS ACT 1995 Date of Royal Assent ... ... ... … … 19 October 1995 … … Date of publication in the Gazette 2 November 1995 PREVIOUS REPRINTS PREVIOUS REPRINTS First Reprint ... ... ... ... ... 2002 Second Reprint ... ... ... ... ... 2006 3 LAWS OF MALAYSIA Act 538 TOWN PLANNERS ACT 1995 ARRANGEMENT OF SECTIONS P ART I PRELIMINARY Section 1. Short title and commencement 2. Interpretation P ART II THE BOARD OF TOWN PLANNERS 3. Establishment of the Board 4. Membership of the Board 5. Termination of appointment 6. Revocation of appointment 7. Filling of vacancy 8. Functions of the Board 9. Power to borrow 10. Committees P ART III REGISTRATION OF TOWN PLANNERS 11. Register 12. Appointment and duties of Registrar 4 Laws of Malaysia ACT 538 Section 13. Entitlement 14. Restrictions on unregistered persons and registered Graduate Town Planners 15. Qualification for registration 16. Application for registration 17. Certificate of registration 18. Temporary registration of foreign Town Planners 19. Notification of change of address P ART IV TOWN PLANNING PRACTICE BY BODIES CORPORATE 20. Composition of body corporate which may practise as Town Planner 21. Body corporate practising as Town Planner 22. Application for permit 23. Permit 24. Notification of change in composition and address 25. Board may cancel permit 26. Hearing to be conducted and right to be heard to be accorded 27. Cessation of practice 28. Surrender of permit 29. Board may issue fresh permit 30. Appeal against refusal, conditions and cancellation not allowed P ART V REPRIMAND, SUSPENSION, CANCELLATION, REMOVAL AND REINSTATEMENT 31. Appointment and powers of Investigation and Disciplinary Committees 32. Suspension of registration pending investigation 33. Order of Disciplinary Committee 34. Circumstances under which Disciplinary Committee may make order Town Planners Section 35. Registration to be null and void under certain circumstances 36. Removal from Register 37. Surrender of certificate of registration 38. Reinstatement into the Register P ART VI APPEAL 39. Appeal Board 40. Tenure of office and allowance of members of Appeal Board 41. Procedure of Appeal Board 42. Appeal 43. Procedure of appeal P ART VII OFFENCES 44. Offences 45. General penalty 46. Offences by body corporate 47. Conduct of prosecution 48. Conduct of civil proceeding P ART VIII GENERAL 49. Act or omission done in good faith 50. Rules 51. Registered Town Planners, registered Graduate Town Planners, etc., subject to this Act 52. Savings as to right of Government SCHEDULE 5 7 LAWS OF MALAYSIA Act 538 TOWN PLANNERS ACT 1995 An Act to provide for the registration of Town Planners and for purposes connected therewith. [1 January 1996] 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: P ART I PRELIMINARY Short title and commencement 1. This Act may be cited as the Town Planners Act 1995 and shall come into force on 1 January 1996. Interpretation 2. In this Act, unless the context otherwise requires— “Board” means the Board of Town Planners established under section 3; “body corporate practising as a Town Planner” means a body corporate incorporated under the Companies Act 1965 [Act 125] 8 Laws of Malaysia ACT 538 which has been issued with a permit to practise as a Town Planner; “certificate of registration” means a certificate issued under subsection 17(1) and includes a duplicate certificate of registration issued under subsection 17(2); “certificate of temporary registration” means a certificate issued under subsection 18(4) and includes a duplicate certificate of temporary registration issued under subsection 18(5); “committee” means a committee appointed under section 10; “member” means a member of the Board appointed under section 4 and includes the Chairman of the Board; “Minister” means the Minister for the time being charged with the responsibility for matters relating to town and country planning; “permit” means a permit issued under subsection 23(1) and includes a duplicate permit issued under subsection 23(2); “Persatuan Pegawai Perancang Bandar dan Desa” means the association formed by Town Planners employed in the public sector; “Pertubuhan Perancang Malaysia” includes an institute, a body or a society succeeding it and approved by the Minister; “prescribed” means prescribed by rules made under section 50; “profession” means the town planning profession; “public authority” has the meaning assigned to it in the Federal Constitution; “Register” means the Register of Town Planners referred to in section 11; Town Planners 9 “registered Graduate Town Planner” means a person registered under subsection 15(1); “registered Town Planner” means a person registered under subsection 15(3); “Registrar” means the Registrar of Town Planners appointed under subsection 12(1). P ART II THE BOARD OF TOWN PLANNERS Establishment of the Board 3. (1) There shall be established a board to be known as the “Board of Town Planners” which shall be a body corporate having perpetual succession and a common seal. (2) The Board may sue and be sued in its corporate name. (3) Subject to and for the purposes of this Act, the Board may— (a) enter into contracts; and (b) acquire, purchase, take, hold and enjoy movable and immovable property of every description. (4) The Board may convey, assign, surrender and yield up, charge, mortgage, demise, reassign, transfer or otherwise dispose of, or deal with, movable or immovable property vested in the Board— (a) upon such terms as the Board thinks fit; and (b) subject to any written law affecting the same. 10 Laws of Malaysia ACT 538 Membership of the Board 4. (1) The Board shall consist of the following members: (a) a Chairman; (b) the President of the Pertubuhan Perancang Malaysia; (c) the President of the Persatuan Pegawai Perancang Bandar dan Desa; (d) seven members being Town Planners from a nomination list submitted by the Pertubuhan Perancang Malaysia of whom shall be— (i) three Town Planners who are in the service of public authority; (ii) three Town Planners who have been in private practice for at least ten years in Malaysia; and (iii) one Town Planner who is in the employment of any university or institution of higher learning and who is engaged in the teaching of town and country planning or town and regional planning; (e) one member on the nomination of the Board of Architects from among members of that Board established under the Architects Act 1967 [Act 117]; (f) one member on the nomination of the Board of Engineers from among members of that Board established under the Registration of Engineers Act 1967 [Act 138]; and (g) one member on the nomination of the Board of Surveyors from among members of that Board established under the Licensed Land Surveyors Act Town Planners 11 1958 [Act 458]. (2) The Chairman and other members of the Board under paragraphs (d) to (g)— (a) shall be appointed by the Minister for a term not exceeding three years; (b) unless he sooner resigns or his appointment is sooner revoked, shall hold office for the period as specified in the instrument appointing him; (c) shall be eligible for reappointment upon expiry of his term of office but shall not be appointed for more than three consecutive terms; and (d) may, at any time, resign his office by letter addressed to the Minister. (3) The provisions of the Schedule shall apply to the Board. Termination of appointment 5. The appointment of an appointed member of the Board shall terminate— (a) on his death; or (b) if he resigns his office by letter addressed to the Minister. Revocation of appointment 6. The Minister may revoke the appointment of an appointed member of the Board— 12 Laws of Malaysia ACT 538 (a) if his conduct, whether in connection with his duties as a member of the Board or otherwise, has been such as to bring discredit on the Board; (b) if he has become incapable of properly carrying out his duties as a member of the Board; (c) if there has been proved against him, or he has been convicted on, a charge in respect of— (i) an offence involving fraud, dishonesty or moral turpitude; (ii) an offence under a law relating to corruption; (iii) an offence under this Act; or (iv) any other offence punishable with imprisonment for more than two years; (d) if he becomes a bankrupt; (e) if he has been found or declared to be of unsound mind or has otherwise become incapable of managing his affairs; (f) if he absents himself from three consecutive meetings of the Board without obtaining leave in writing from the Chairman of the Board; (g) if his registration has been cancelled or become null and void; or (h) if his name has been removed from the Register. Town Planners 13 Filling of vacancy 7. Where an appointed member ceases to be a member of the Board, the Minister may appoint another person to fill the vacancy for the remainder of the term for which the vacating member was appointed. Functions of the Board 8. The functions of the Board shall be— (a) to keep and maintain the Register; (b) to approve or refuse applications for registration under this Act; (c) to prescribe the scale of fees to be charged by registered Town Planners for professional advice given and service rendered by it; (d) to determine ethics of the profession; (e) to regulate conduct of the profession; (f) to hear and determine itself or appoint a committee or an arbitrator to hear and determine disputes relating to— (i) professional conduct; and (ii) professional ethics, of registered Town Planners and registered Graduate Town Planners; (g) to represent the profession in any matter in which it may be necessary or expedient; (h) to examine, report and make recommendations upon 14 Laws of Malaysia ACT 538 current legislation and any other matter affecting the profession to— (i) the government; (ii) a public authority; or (iii) an institute, a body or a society for the time being representing the profession; (i) to appoint a panel, if so required, to conduct examinations for admission to the profession consisting of— (i) a member of the Board; and (ii) Town Planners as the Board may determine; (j) to appoint a person to represent it on a body or panel of examiners which may be appointed by an institute, a body or a society for the time being representing the profession; (k) to make recommendations to the relevant authority in relation to any examinations for qualification for admission to the profession; (l) to appoint members of the Board to sit on a board, committee or body formed for any purpose affecting the profession; and (m) to appoint members of the Board to sit on the board of another professional body as may be necessary. Power to borrow 9. The Board may, with the approval of the Minister and upon such terms and conditions as he may determine, borrow such sums as the Town Planners 15 Board may require— (a) for discharging its functions; and (b) for meeting its obligations. Committees 10. (1) The Board may appoint committees as it thinks expedient— (a) to advise it on matters concerning its functions, powers and duties; (b) for the proper discharge of its functions, exercise of its powers and performance of its duties; (c) for any purpose arising out of or connected with its functions, powers and duties; or (d) to carry out its functions, powers or duties as it may determine or delegate except in relation to its powers under section 50. (2) There shall be appointed to a committee at least one member of the Board and any other person as the Board thinks fit. (3) Members of a committee shall be paid such allowance as the Board may determine. (4) The Board may, at any time, discontinue or alter th