*REGISTRATION OF ENGINEERS ACT 1967

Part A─ which shall contain in the names, addresses and other particulars of Professional Engineers;

Part B─ which shall contain the names, addresses and other particulars of Graduate Engineers;

(Deleted by Act A1479);

Part D─ which shall contain the names, addresses and other particulars of Engineering consultancy practices;

Part E─ which shall contain the names, addresses and other particulars of Accredited Checkers;

Part F─ which shall contain the names, addresses and other particulars of Professional Engineers with

Practising Certificates;

Part G─ which shall contain the names, addresses and other particuars of Engineering Technologists; and

Part H─ which shall contain the names, addresses and other particulars of Inspectors of Works.

There shall be indicated against the name of each registered

Person or Engineering consultancy practice kept in the Register the branch or branches of engineering in which he or it is qualified to practice and particulars of any conditions or restrictions imposed by the Board under subsection 7A(3) or 7B(1), section 10C, 10D, or 10E, or paragraph 4(1)(b).

Registration of Engineers 15

Appointment and duties of Registrar

The Registrar shall publish in either the Gazette or at least two national newspaper, in the national language and the English language, or by any other media including electronic media as the

Board may deem fit, the name, registration number and other particulars of─

a registered Person whose registration has been─

by an order of the Disciplinary Committee─

suspended under subsection 15(3)

or paragraph 15(1A)(c); or

cancelled under paragraph 15(1A)(d);

removed under section 16; or

reinstated under section 17; or

an Engineering consultancy practice whose registration has been─

by an order of the Board─

suspended under subsection 15(3)

or paragraph 7A(5)(cc); or

cancelled under subsection 7B(3)

or paragraph 7A(5)(dd);

removed under section 16; or

16 Laws of Malaysia ACT 138

reinstated under section 17 or subsection 7A(8).

The publication under subsection (2) shall be made─

as soon as possible after the order of the Board or

Disciplinary Committee is made, if there is no appeal to the Appeal Board against that order; or

as soon as possible after the order of the Board or

Disciplinary Committee is confirmed by the Appeal

Board, if there is an appeal filed against that order.

In any proceedings, a certificate of registration shall be conclusive proof that the person, sole proprietorship, partnership or body corporate named in it is a registered Person or an Engineering consultancy practice.

The Registrar may annually publish and offer for sale copies of the Register.

Restrictions on unregistered persons, Graduate Engineers, etc.

take up employment which requires him to carry out or perform professional engineering services;

(aa) be entitled to describe himself or hold himself out under any name, style or title─

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

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

using the abbreviation “Ir.” before his name or

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the abbreviation “P.Eng.” after his name or in any way in association with his name;

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

Engineer; or

(Deleted by Act A1479);

use the stamp as may be determined by the Board.

A person shall not, unless he is a Professional Engineer with

Practising Certificate—

practise, carry on business or take up employment which requires him to carry out or perform professional engineering services for designated engineering works subject to section 8;

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

bearing the words “Professional Engineer with

Practising Certificate” or equivalent in any other language; or

bearing any other words in any language which may reasonably be construed to imply that he is a

Professional Engineer with Practising Certificate;

use or display any sign, board, card or other device representing or implying that he is a Professional Engineer with Practising Certificate;

be entitled to recover in any court any fee, charge, remuneration or other form of consideration for any professional engineering services rendered subject to section 8; or

use the stamp as may be determined by the Board.

18 Laws of Malaysia ACT 138

A person shall not, unless he is a Graduate Engineer or

Engineering Technologist, be entitled to describe himself or hold himself out under any name, style or title using the abbreviation

“Grad.Eng.” or “Eng.Tech.” after his name or in any way associate with his name.

Notwithstanding subsections (1) and (1A)─

a Graduate Engineer who is registered with the Board may, subject to section 8, take up employment which requires him to perform professional engineering services;

(aa) an Engineering Technologist who is registered with the Board may, subject to section 8, take up employment which requires him to perform professional engineering services;

(ab) an Inspector of Works who is registered with the

Board may, subject to section 8, take up employment which requires him to assist the Professional Engineer in the supervision of engineering works; and

a person who is a Professional Engineer by virtue of subparagraph 10(2)(a)(iii) as in force on the appointed date and who, on 1 March 1974, was not practicing as an engineer in private practice shall not, at any time after that date, so practice unless─

he holds a certificate from the Board that he has obtained a professional qualification approved by the Board; or

he is a Corporate Member of the

Institution of Engineers (Malaysia).

Where a person holds a certificate─

issued under the Electricity Supply Act 1990 [Act 447], the Factories and Machinery Act 1967 [Act 139] or any

Registration of Engineers 19

other written law or any regulations made thereunder, certifying him to possess a qualification prescribed for the purposes of those Acts or other written law; or

issued by any person, body, authority or institution specified from time to time by the Board by notification in the Gazette, certifying him to hold a qualification for the purposes of any vocation, nothing in subsection (1) shall prohibit such person─

to carry on any practice or business or take up any employment that requires the certificate or that is authorized or enabled thereby to be carried on or taken up;

to do so under whatever name or title he may use by virtue of being the holder of certificate; or

to recover in any Court any fee, charge, remuneration or other form of consideration for any advice or services rendered pursuant to his practice, business or employment carried on or taken up by virtue of the certificate, subject to such restrictions as may be imposed in the certificate.

Engineering consultancy practice

Every application by a sole proprietorship, partnership or body corporate for registration as an Engineering consultancy practice shall be made to the Board in the prescribed form and manner and shall be accompanied by the prescribed fee.

The Board shall register a sole proprietorship, partnership or body corporate as an Engineering consultancy practice, subject to such conditions and restrictions as it may deem fit to impose, if─

in the case of the sole proprietorship, the sole proprietor is a Professional Engineer with Practising Certificate;

in the case of the partnership, all the partners are

Professional Engineers with Practising Certificates; or

in the case of the body corporate─

it has a board of directors who shall be subject to such conditions and qualifications as may be prescribed by the Board;

its shareholdings shall be as may be prescribed by the Board;

it has a minimum paid-up capital which shall be an amount to be prescribed by the Board; and the day-to day affairs of the body corporate shall be under the control and management of a person who—

is a Professional Engineer with

Practising Certificate; and

is authorized under a resolution of the board of directors of the body corporate to make all final engineering decisions on behalf of the body corporate in respect of the requirements under this Act or any

Registration of Engineers 21

other law relating to the supply of professional engineering services by the body corporate.

An Engineering consultancy practice shall, within thirty days of the occurrence of any change of its sole proprietorship, or the composition of its partners, board of directors or its shareholders, furnish to the Board a true report in writing giving full particulars of the change.

An Engineering consultancy practice may only provide professional engineering services in the branch of engineering in which the sole proprietor, partner or a member of the board of directors of that practice is qualified to practise and as is shown in the

Register under subsection 5(2).

If the Board finds that─

the Engineering consultancy practice or sole proprietor or any partner, director or shareholder has breached, or failed to comply with or carry out, any of the terms, conditions or restrictions imposed by the Board upon registration of that Engineering consultancy practice;

the composition of the partners, board of directors or shareholders of the Engineering consultancy practice does not comply with section 7B or subsection (3);

the Engineering consultancy practice has breached any of the requirements of subsection (4); or

the sole proprietor or any partner, director, shareholder or employee of an Engineering consultancy practice, being a person registered under this Act, has committed, or is guilty of, or has contributed to, any of the acts or things set out in─

paragraph 15(1)(a); or

22 Laws of Malaysia ACT 138

paragraphs 15(1)(b) to (o) (except paragraphs (e)

and (f)), the Board may, subject to subsection (6), by written notice to the

Engineering consultancy practice, order─

(aa)

the issuance of a written warning or reprimand to;

(bb)

the imposition of a fine not exceeding fifty thousand ringgit on;

the suspension of the registration for a period not exceeding two years of;

the cancellation of the registration of; or

(ee)

any combination of the sanctions set out in paragraphs

(aa) to (dd) on, the Engineering consultancy practice.

to (ee) based upon any of the grounds of complaint set out in paragraph (5)(a), (b) or (c), or subparagraph (5)(d)(ii) unless─

there has been a hearing of the grounds of complaint against the Engineering consultancy practice, sole proprietor or any of its partners, directors, shareholders or employees who has caused, contributed or been a party to, the grounds of complaint, conducted by a Disciplinary Committee appointed by the Board pursuant to section 14A; and

an opportunity to be heard, by representative appointed in writing or by counsel in the case of an Engineering consultancy practice, or personally or by counsel in the case of a sole proprietor or any partner, director, shareholder or employee has been given to such

Engineering consultancy practice, sole proprietor, partner, director, shareholder or employee, as the case may be.

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(aa) Notwithstanding paragraph (a), the Board may make an order under paragraphs (5)(aa) to (ee) if the Disciplinary Committee has under paragraph 15(1A)(c) or (d) suspended or cancelled the registration of—

a sole proprietor;

one of the partners in a partnership comprising only two partners; or

one of the directors in the board of directors of a body corporate comprising only two directors.

In any case where the grounds of complaint are based on paragraph (5)(d), the Board shall not make an order under paragraphs (5)(aa) to (ee) if, on the date of hearing, such

Engineering consultancy practice satisfies the Board—

that the partner, director, shareholder or employee who has committed, or is guilty of, or has contributed to, such act or thing as forms the grounds for the complaint has ceased to be a partner, director, shareholder or employee of such

Engineering consultancy practice;

that notwithstanding that such partner, director, shareholder or employee has ceased to be a partner, director, shareholder or employee, such

Engineering consultancy practice is able to comply with all the terms, conditions and restrictions imposed by the Board pursuant to section 7B or subsection (3); and

that no other partner, director, shareholder or employee of such Engineering consultancy practice was, otherwise than by being its partner, director, shareholder or employee at the material date, in any way a party to, or connected with, the act or thing as forms the grounds for the complaint.

24 Laws of Malaysia ACT 138

Upon the Board suspending or cancelling the registration of an Engineering consultancy practice pursuant to paragraph (5)(cc) or

, respectively, the Engineering consultancy practice shall cease to exercise any right or privilege conferred upon it under the registration, but it shall be entitled to recover in any court any fee, charge, remuneration or other form of consideration for professional engineering services rendered by it prior to the date of receipt of the written notice from the Board suspending or cancelling its registration.

the reason which led to the suspension or cancellation of its registration no longer exists; and

the Engineering consultancy practice, at the time of such application, complies with the terms, conditions and restrictions imposed by the Board pursuant to section 7B or subsection (3) at the time of the original registration.

In reinstating the registration under paragraph (a) the Board may impose such additional terms, conditions and restriction as it thinks fit.

A body corporate providing a combination of services comprising professional engineering services, architectural consultancy services or quantity surveying services

The body corporate that applies for registration under subsection (1) must be incorporated under the Companies Act 1965

and—

it has a board of directors who shall be subject to such conditions and qualifications as may be prescribed by the

Board;

its shareholdings shall be as may be prescribed by the Board;

has a minimum paid-up capital which shall be an amount as may be prescribed by the Board; and

the day-to-day affairs of the body corporate shall be under the control and management of a person who—

is a Professional Engineer with Practising

Certificate; and

is authorized under a resolution of the board directors of the body corporate to make all final engineering decisions on behalf of the body corporate in respect of the requirements of this Act or any other law relating to the supply of professional engineering services by the body corporate.

The minimum shareholdings of a Professional Engineer,

Architect and Professional Quantity Surveyor in the body corporate shall be as may be prescribed by the Board.

For the purposes of this Act, the body corporate shall, upon its registration, be deemed to be an Engineering consultancy practice.

Only Professional Engineer with Practising Certificate and

Engineering consultancy practice may submit plan, drawing, etc.

The right of a Professional Engineer with Practising

Certificate or Engineering consultancy practice to submit plans, engineering surveys, drawings, schemes, proposals, reports, designs or studies to any person or authority in Malaysia is subject to any conditions or restrictions imposed by the Board under section 7B, subsection 7A(3), or paragraph 4(1)(b), and is restricted to the right to submit such documents only in relation to the branch of engineering in which the Professional Engineer with Practising Certificate including the Professional Engineer in an Engineering consultancy practice, is qualified as shown by the entries made in the Register under subsection 5(2).

Nothing contained in any written law shall prevent any

Professional Engineer with Practising Certificate or Engineering consultancy practice from making valuations of any structure, plant, machinery and equipment, and making valuations for mining purposes, in connection with his or its professional practice.

Nothing in this section shall prohibit—

any person who, on the appointed date, was registered with any Government department, local authority or statutory authority for the purpose of submitting plans, drawings, schemes, proposals, reports, designs or studies to that department or authority to continue to submit them to that department or authority, subject to such terms and conditions as may be or have been imposed under such registration; and

any person holding one of the certificates referred to in subsection 7(3) from continuing to do all things which the certificate enables or authorizes him to do.

(Deleted by Act A1479).

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(Deleted by Act A1479).

Plan or drawing which a Professional Engineer may submit

The employer referred to in subsection (1) shall not include a client.

the qualifications required for Graduate Membership of the Institution of Engineers (Malaysia) and which are recognized by the Board; or

any qualification in engineering which is recognized by the Board, shall be entitled on application to be registered as a Graduate

Engineer.

Subject to this Act, a person who is registered as a Graduate

Engineer under paragraph (a) shall be required to obtain such practical experience as may be determined by the Board in order to be entitled to apply for registration as a Professional Engineer under subsection (2).

Subject to this Act, the following persons shall be entitled on application to be registered as Professional Engineers:

28 Laws of Malaysia ACT 138

any person—

who is registered as a Graduate Engineer and has obtained the practical experience under paragraph

who—

has passed a professional assessment examination conducted by the Board;

holds a professional qualification which the

Board considers to be equivalent to the professional assessment examination conducted by the Board; or

is a Corporate Member of the Institution of

Engineers (Malaysia); and

who has complied with the requirements as determined by the Board;

any person who, on the appointed date, was a Corporate

Member of the Institution of Engineers (Malaysia) or held professional qualification which the Board considers to be equivalent thereto;

any person who satisfies the Board that he was practicing or was carrying on business or was employed as a bona fide engineer immediately before the appointed date and who applies for registration within twelve months of that date:

Provided that a person who comes within the scope of subsection 7(3), shall not be entitled to be registered under this paragraph unless he holds a professional qualification recognized by the Board for the purposes of this Act; and

any person who, on the appointed date, had obtained a qualification which would have entitled him to be

Registration of Engineers 29

registered as a Graduate Engineer by virtue of paragraph

Malaysia a professional qualification which the Board considers to be equivalent to that required for Corporate

Membership of the Institution of Engineers (Malaysia) and has passed a professional assessment examination conducted by the Board.

For the purpose of paragraph (2)(d), a person shall be treated as having obtained a professional qualification outside Malaysia if, while undergoing the necessary course of studies, receiving the necessary instruction and training, and acquiring the necessary practical experience, he was entirely or mostly absent from Malaysia.

No person shall be entitled to be registered as a Professional

Engineer with Practising Certificate unless he is at the time of application for or renewal of registration, and has been for a period of not less than six months prior to the date of application or renewal, residing in Malaysia.

No person shall be entitled to be registered as a Professional

Engineer if at any time prior to his registration there exist any facts or circumstances which would have entitled the Disciplinary Committee to cancel his registration pursuant to section 15.

Subsections 17(3) and 19(1) shall apply mutatis mutandis to any person whose application for registration has been rejected pursuant to subsection (5).

he is a Professional Engineer with Practising Certificate registered in the relevant branch of engineering approved by the Board;

he has at least 10 years relevant practical experience in the design and construction of buildings as defined in the Street,

Drainage and Building Act 1974 [Act 133]; and

he satisfies the Board that by virtue of his ability, standing in the profession, special knowledge or practical experience, he is qualified to be registered under this Act.

No person shall, unless he is an Accredited Checker, perform the functions or duties as may be prescribed under this Act.

Registration of Engineering Technologist

A person who is registered as an Engineering Technologist under subsection (1) shall be entitled on application to be registered as a Graduate Engineer upon fulfilling the requirements under subsection 10(1).

Registration of Professional Engineer with Practising Certificate

the person is a registered Professional Engineer;

the person has passed a professional competency examination conducted by the Board; and

the person has complied with the requirements as determined by the Board.

Registration of Engineers 31

Registration of Inspector of Works

Every certificate of registration, except the certificate of registration issued to a Graduate Engineer and Engineering

Technologist, shall, subject to this Act, expire on the 31st day of

December of the year in which it is issued and may be renewed annually upon payment of the prescribed fee and upon satisfying such conditions as may be determined by the Board.

A certificate of registration—

issued to an Inspector of Works shall expire on the 31

December of the third year from the date the certificate of registration is issued; and

may be renewed upon the expiry of the certificate of registration on payment of the prescribed fee and upon satisfying such conditions as may be determined by the

Board.

32 Laws of Malaysia ACT 138

Notification of change of address

a Chairman who shall be registered Professional Engineer with Practising Certificate;

a registered Professional Engineer; and

a registered Professional Engineer with Practising

Certificate.

The Members of the Disciplinary Committee shall have been registered as Professional Engineers for a period of not less than seven years prior to their appointment to the Disciplinary Committee.

Powers of Disciplinary Committee

shall conduct hearings of any misconduct or complaint against any registered Person referred to it by the Investigating

Committee;

may make any or any combination of the orders specified in section 15 against a registered Person under such circumstances as set out in that section.

Registration of Engineers 33

Proceedings of the Disciplinary Committee

Subject to the provisions of this Act, the Disciplinary

Committee may regulate its own procedures in such manner as it deems fit.