*TECHNOLOGISTS AND TECHNICIANS ACT 2015

The Minister may amend the Schedule by order published in the Gazette.

A disclosure under subsection (1) shall be recorded in the minutes of the meeting of the Board, council or committee, as the case may be, in which the matter is discussed and, after the disclosure, the member—

shall not be present or take part in any discussion or decision of the Board, council or committee, as the case may be, about the matter; and

shall be disregarded for the purpose of constituting a quorum of the Board, council or committee, as the case may be, when the matter is discussed or decided upon.

A member of the Board who fails to disclose his interest as required under subsection (1) shall be removed from the Board by the

A member of the council or committee who fails to disclose his interest as required under subsection (1) shall be removed from the council or committee by the Board.

No act or proceedings of the Board, council or committee shall be invalidated on the ground that any member of the Board, council or committee has contravened this section.

For the purposes of this section—

his spouse;

his parent (including a parent of his spouse);

his child (including an adopted child or stepchild);

his brother or sister (including a brother or sister of his spouse); and

a spouse of his child, brother or sister; and

a person who is a nominee or an employee of the member;

a firm of which the member or any nominee of his is a partner;

a partner of the member;

a trustee of a trust under which the member or a member of his family is a beneficiary; or

any corporation within the meaning of the *Companies

technical services in respect of any operation relating to product testing, product commissioning and product maintenance; and

technology services in respect of any operation relating to product development, product manufacturing, product testing, product commissioning and product maintenance, for the purpose of this Act.

Part A — that shall contain the names, addresses and other particulars of Professional Technologists;

Part B — that shall contain the names, addresses and other particulars of Graduate Technologists;

Part C — that shall contain the names, addresses and other particulars of Certified Technicians; and

Part D — that shall contain the names, addresses and other particulars of Qualified Technicians.

There shall be indicated against the name of each registered person in the Register the discipline of technology in which he is qualified to practice and particulars of any conditions or restrictions imposed by the Board under paragraph 6(2)(a).

The Registrar shall publish, through means as may be determined by the Board, in the national language and the English language, the name, address, registration number and other particulars of a registered person—

whose registration has been by an order of the Board—

suspended under paragraph 27(2)(b); or

cancelled under paragraph 27(2)(c);

whose name and other particulars have been removed from the Register under subsection 28(1); or

who has been reinstated under subsection 30(1).

The publication under subsection (2) shall be made—

within seven days of the expiration of the appeal period in subsection 41(1); or

within seven days of the date of the Appeal Board’s confirmation of the Board’s order under subsection 44(4), if there is an appeal filed against the order of the

approve and certify the manner or conduct of technology services to be carried out;

describe himself or hold himself out under any name, style or title—

bearing the words “Professional Technologist” or the equivalent in any other language;

bearing any other word whatsoever in any language which may reasonably be construed to imply that he is a Professional Technologist;

using the abbreviated title “Ts.” for Professional

using the abbreviation “P.Tech.” for Professional

use or display any sign board, card or other device representing or implying that he is a Professional

use the stamp as determined by the Board.

approve and certify the manner or conduct of technical services to be carried out;

describe himself or hold himself out under any name, style or title—

bearing the words “Certified Technician” or the equivalent in any other language;

bearing any other word whatsoever in any language which may reasonably be construed to imply that he is a Certified Technician;

using the abbreviated title “Tc.” for Certified

using the abbreviation “C.Tech.” for Certified

use or display any sign board, card or other device representing or implying that he is a Certified

use the stamp as determined by the Board.

Upon application made under subsection (1), and based on the criteria as may be determined by the Board, the Board may approve the application to be registered as a Graduate Technologist.

A Graduate Technologist registered under subsection (2) who has—

obtained the practical experience as may be determined by the Board;

paid the prescribed fee; and

complied with all the criterias to be determined by the

Upon application made under subsection (3), and based on the criteria as may be determined by the Board, the Board may approve the registration of a Graduate Technologist as a Professional

Upon application made under subsection (1), and based on the criteria as may be determined by the Board, the Board may approve the application to be registered as a Qualified Technician.

A Qualified Technician registered under subsection (2) who has—

obtained the practical experience as may be determined by the Board;

paid the prescribed fee; and

complied with all the criterias to be determined by the Board, may apply to be registered as a Certified Technician.

Upon application made under subsection (3), and based on the criteria as may be determined by the Board, the Board may approve the registration of a Qualified Technician as a Certified Technician.

Every certificate of registration, except the certificate of registration issued to a Graduate Technologist or a Qualified

In any proceedings, a certificate of registration shall be conclusive proof that the person named in it is a registered person.

The application for renewal shall be made to the Board in such manner as determined by the Board and be accompanied by the prescribed fee.

If a Professional Technologist or Certified Technician fails to renew his registration after twelve months from the date of expiry of the certificate of registration, he shall not apply for renewal of registration under this section but instead apply for registration under section 21 or 22, as the case may be.

if he is convicted of an offence involving fraud, dishonesty or corruption in Malaysia or elsewhere;

if he offers or accepts any commission which in the opinion of the Board is an illicit commission;

if whilst acting in his professional capacity, he at the same time without disclosing the fact in writing to his client, is a sole proprietor, partner, director or member of or substantial shareholder in or agent for any contracting or manufacturing company or firm or business or has any

if his registration under this Act has been obtained by fraud or misrepresentation;

if his qualification has been withdrawn or cancelled by the authority through which it was acquired or by which it was awarded;

if he is found to be of unsound mind;

if he is found to be incapable or no longer able to perform his professional duties effectively;

if he is a bankrupt;

if he is found by the Board to have contravened or failed to comply with this Act or any regulations made under this Act;

if he fails to observe any conditions or restrictions subject to which he is registered;

if he is found guilty by the Board of any act or conduct which in the opinion of the Board is infamous or disgraceful; or

if he fails to discharge his professional duties with due skill, care and diligence.

The orders referred to in subsection (1) are—

issuance of a written warning or reprimand;

suspension of registration for a period not exceeding one year; or

cancellation of registration.

The Board shall not make any order under subsection (1)

the registered person against whom the Board intends to make an order has been given an opportunity to be heard orally or in writing either personally or by a person appointed by him; and

at the hearing, if applicable, at least five members of the

The Board shall notify the registered person in writing within seven days of the making of the order in subsection (1).

a registered person who has died;

a Professional Technologist or Certified Technician who has failed to renew his registration under section 25; or

a registered person whose registration has been cancelled.

Where the removal from the Register is made under paragraph

(b) or (c), the Board shall by registered post notify the registered person in writing of the order of removal within seven days of the making of the order.

Upon the order of reinstatement being made, the Registrar shall issue a certificate of registration to the registered person.

The Fund shall consist of—

moneys received by the Board in performing its functions under this Act;

such sums as may be approved by the Parliament;

all moneys and properties which may in any manner become payable to or vested in the Board in respect of any matter incidental to its functions and powers;

any costs paid to, or recovered by, the Board in any settlement of action or proceedings, civil or criminal; and

all other moneys lawfully received by the Board.

paying any expenditure lawfully incurred by the Board;

paying for the allowances and expenses of the members of the Board, members of the council and members of the committees;

paying for the remuneration, allowances, benefits and expenses of the employees of the Board;

paying any other expenses, costs or expenditure in relation to the procurement of goods and services, including the engagement of consultants, legal fees and costs and other fees and costs, properly incurred or accepted by the Board in the performance of its functions and the exercise of its powers under this Act; and

generally, paying any expenses for carrying into effect the provisions of this Act.

Before the beginning of each financial year, an estimate of the expenditure for the following financial year in such form and containing such particulars as the Minister may direct shall be

The Board may, at any time, submit to the Minister a supplementary estimate for any one financial year and the Minister may allow the whole or any part of the additional expenditure included in the supplementary estimate.

The Board may, from time to time, with the prior approval of the Minister and the Minister of Finance, borrow money by the issue of bonds, debenture, debenture stocks or such other securities upon such terms as it deems expedient for meeting any of its obligations or performing any of its functions under this Act.

a statement of accounts of the Board which shall include a balance sheet and an account of its income and expenditure; and

a statement of its activities.

The Board shall, as soon as possible, send a copy of the statement of accounts and the statement of activities mentioned in subsection (1) certified by the Auditor General and a copy of the

The Statutory Bodies (Accounts and Annual Reports) Act 1980 [Act 240] shall apply to the Board.

who has been refused registration by the Board;

who having been registered has had his name removed from the Register pursuant to an order made by the Board under paragraph 28(1)(c); or

who is aggrieved by an order of the Board under subsection 27(1), may, within thirty days of receipt of the notification in writing of the refusal, removal or order, appeal to the Appeal Board constituted under section 42 and the Appeal Board may thereupon make such orders as it may deem just or proper.

A person whose appeal under paragraph (1)(a) has been refused by the Appeal Board may make a new application under section 21 or 22, as the case may be.

The Board shall give effect to any order made by the Appeal

Upon receipt of the copy of the notice of appeal, the President of the Board or in the absence of the President, the member delegated by the President shall cause to be prepared and sent to the Chairman of the Appeal Board the records or a summary of the records of the proceedings of the Board and a statement setting out the grounds on which the Board arrived at its decision.

Upon receiving the records or summary of the records and the statement of the grounds of the decision of the Board, the Chairman of the Appeal Board shall convene a meeting of the Appeal Board to hear the appeal.

The Appeal Board after hearing the appeal may confirm, vary or reverse the decision of the Board.

The decision of the Appeal Board shall be final.

a Chairman, who is a Professional Technologist;

two persons from among Professional Technologists or

two persons from among Certified Technicians or

Where the Chairman of the Investigating Committee is a member of the Board, he shall not sit as a member of the Board when the Board conducts a hearing or makes an order under subsection 27(1) in respect of the registered person who has been examined by the Investigating Committee of which he is the Chairman.

The Investigating Committee appointed under subsection (1)

require any person to attend before it and give evidence on oath or affirmation, and the Chairman of the

require such person to produce any book, document or paper relating to the subject matter of the investigation which is in the custody of that person or under his control.

Upon completion of its investigation, the Investigating

A person shall—

attend and give evidence when required to do so by the

answer truthfully and fully any question put to him by any member of the Investigating Committee; and

produce to the Investigating Committee any book, document or paper required of him.

The Board may, if it deems fit, suspend the registration of a registered person for a period not exceeding six months pending an investigation by an Investigating Committee under this Act and during the period of such suspension, he shall not exercise any of the rights or privileges accorded to him under this Act.

obtains or attempts to obtain registration or a certificate of registration under this Act by knowingly making or producing or causing to be made or produced any false or fraudulent declaration, certificate, application or representation whether in writing or otherwise;

willfully makes or causes to be made any false entry in the Register;

forges, alters or counterfeits any certificate of registration under this Act;

uses any forged, altered or counterfeited certificate of registration under this Act knowing the same to have been forged, altered or counterfeited;

impersonates a registered person;

buys or fraudulently obtains a certificate of registration under this Act issued to another person;

sells any certificate of registration issued under this Act; or

contravenes sections 19 or 20, commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding three years or both.

no member of the Board or any of its committees or councils or any employee or agent of the Board or any person attending any meeting of the Board or any of its committees or councils, whether during or after his tenure of office or employment, shall disclose any information obtained by him in the course of his duties;

no other person who has by any means access to any information or document relating to the affairs of the

The regulations made under this section may include provisions for prescribing fees or charges for any service rendered in the performance of the functions of the Board.

The Board shall hold as many meetings as are necessary for the efficient performance of its functions and such meetings are to be held at such places and times as the President may decide, provided that meetings are held at least twice a year.

The President shall call for a meeting if requested to do so in writing by the

In the absence of the President, the members shall elect a person among themselves to preside over the meeting.

A person invited under subparagraph (1) shall be paid such allowances as may be determined by the Board.

The minutes of meetings of the Board, if duly signed, shall, in any legal proceedings, be admissible as prima facie evidence of the facts stated in the minutes without further proof.

Every meeting of the Board of which minutes have been made in accordance with subparagraphs (1) and (2) shall be deemed to have been duly convened and held and all members at the meeting to have been duly qualified to act.

any vacancy in the membership of, or any defect in the constitution of the Board; or

any omission, defect or irregularity not affecting the merits of the case.