138 - *AKTA PENDAFTARAN JURUTERA 1967

LAWS OF MALAYSIA _____________ ONLINE VERSION OF UPDATED TEXT OF REPRINT _____________ Act 138 REGISTRATION OF ENGINEERS ACT 1967 As at 1 November 2015 2 REGISTRATION OF ENGINEERS ACT 1967 First Enacted ... ... ... ... … ... 1967 (Act No. 66 of 1967) Revised … … ... … ... … … 1974 (Act 138 w.e.f 1 July 1974) English text to be authoritative … … P.U. 31/1968 Latest amendment made by Act A1479 which came into operation on … … 31 July 2015 PREVIOUS REPRINTS First Reprint … … … 1997 Second Reprint … … … 2000 Third Reprint … … … 2006 3 LAWS OF MALAYSIA Act 138 REGISTRATION OF ENGINEERS ACT 1967 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title 2. Interpretation PART II BOARD OF ENGINEERS 3. Establishment of Board of Engineers 4. Functions of the Board PART III REGISTRATION OF ENGINEERS, ENGINEERING TECHNOLOGISTS AND INSPECTORS OF WORKS 5. Register 6. Appointment and duties of Registrar 7. Restrictions on unregistered persons, Graduate Engineers, etc. 7A. Engineering consultancy practice 7B. A body corporate providing a combination of services comprising professional engineering services, architectural consultancy services or quantity surveying services 8. Only Professional Engineer with Practising Certificate and Engineering consultancy practice may submit plan, drawing, etc. 4 Laws of Malaysia ACT 138 Section 8A. Plan or drawing which a Professional Engineer may submit 9. (Deleted) 10. Qualifications for registration 10A. (Deleted) 10B. Registration of Accredited Checker 10C. Registration of Engineering Technologist 10D. Registration of Professional Engineer with Practising Certificate 10E. Registration of Inspector of Works 11. (Deleted) 12. Application for registration 13. Certificate of registration 14. Notification of change of address PART IIIA DISCIPLINARY COMMITTEE 14A. Disciplinary Committee 14B. Powers of Disciplinary Committee 14C. Proceedings of the Disciplinary Committee PART IV CANCELLATION, REMOVAL, REINSTATEMENT, ETC. 15. Cancellation of registration, etc. 16. Removal from Register 17. Reinstatement 18. Certificates to be returned Registration of Engineers 5 PART V GENERAL Section 19. Appeal 20. Appeal Board 21. Tenure of office of members of the Appeal Board 22. Procedure of appeal 23. Procedure of Appeal Board 24. Penalties for obtaining registration by false pretences, etc. 24A. Restriction on employment of unregistered person as an Engineer 24B. Investigating Committee and its powers 25. General penalty 26. Regulations 26A. Authorization by President 27. Saving as to right of Government 28. Indemnity 29. Appointment of advocate and solicitor SCHEDULE 7 LAWS OF MALAYSIA Act 138 REGISTRATION OF ENGINEERS ACT 1967 An Act to provide for the registration of engineers, and sole proprietorships, partnership and bodies corporate providing professional engineering services and for purposes connected therewith. [23 August 1972, P.U (A) 253/1972] PART I PRELIMINARY Short title 1. (1) This Act may be cited as the Registration of Engineers Act 1967. (2) (Omitted). (3) The Minister may by notification in the Gazette suspend the operation of this Act in any part of Malaysia. Interpretation 2. In this Act unless the context otherwise requires— “Accredited Checker” means a person registered under section 10 ; B “appointed date” means the date appointed for the commencement of this Act; 8 Laws of Malaysia ACT 138 “Architect” has the same meaning assigned to it in the Architects Act 1967 [Act 117]; “architectural consultancy practice” has the meaning assigned to it in the Architects Act 1967 [Act 117]; “Board” means the Board of Engineers established by subsection 3(1); “body corporate providing professional engineering services” means a body corporate, incorporated under the Companies Act 1965 [Act 125], which provides professional engineering services; “Engineering consultancy practice” means a sole proprietorship, partnership or body corporate, providing professional engineering services, registered under section 7 or 7 ; A B “Engineering Technologist” means a person registered under section 10 ; C “Engineering works” means all works which include any publicly or privately owned public utilities, buildings, machines, equipment, processes, works or projects that require the application of engineering principles and data; “Graduate Engineer” means a person registered under subsection 10(1); “Inspector of Works” means a person registered under section 10 ; E “Minister” means the Minister for the time being charged with the responsibility for matters relating to works; “Practising Certificate” means a certificate issued by the Board to a Professional Engineer under section 10 ; D “prescribed” means prescribed by regulations made under section 26; Registration of Engineers 9 “Professional Engineer” means a person registered under subsection 10(2); “Professional Engineer with Practising Certificate” means a person registered under section 10 ; D “Professional Quantity Surveyor” has the same meaning assigned to it in the Quantity Surveyors Act 1967 [Act 438] “professional engineering services” means engineering services and advice in connection with any feasibility study, planning, survey, design, construction, commissioning, operation, maintenance and management of engineering works or projects and includes any other engineering services approved by the Board; “Register” means the Register kept and maintained under section 5; “registered Engineer” means a Graduate Engineer, Professional Engineer, Professional Engineer with Practising Certificate or Accredited Checker; “registered Person” means a registered Engineer, Engineering Technologist or Inspector of Works; “Registrar” means the Registrar of Engineers appointed under subsection 6(1); PART II BOARD OF ENGINEERS Establishment of Board of Engineers 3. (1) For the purposes of this Act there is hereby established a board to be called “Board of Engineers” which shall be a body corporate with the perpetual succession and a common seal and which may sue and be sued. 10 Laws of Malaysia ACT 138 (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 Professional Engineer or a Professional Engineer with Practising Certificate; (b) not more than fourteen members who shall be Professional Engineers and Professional Engineers with Practising Certificates, five of whom shall be from a nomination list submitted by the Council of the Institution of Engineers (Malaysia); (c) one member on the nomination of the Board of Architects from among members of that Board established under the Architects Act 1967; and (d) one member on the nomination of the Board of Quantity Surveyors from among members of that Board established under the Quantity Surveyors Act 1967. (2 ) (Deleted by Act A1158). A (3) The members of the Board referred to in paragraph (2)(b) shall consist the following: (a) three Professional Engineers and two Professional Engineers with Practising Certificates who are in the public service of the Federation; (b) not more than two Professional Engineers who are in the service of any local authority or statutory authority; (c) not more than five Professional Engineers with Practising Certificates who are employees, sole proprietors, partners or directors of an engineering consultancy practice; and (d) a Professional Engineer and a Professional Engineer with Practising Certificate who are employees of any person or body of persons, not being in the public Registration of Engineers 11 service of the Federation or in the service of any local authority or statutory authority. (3 ) Where the Council of the Institution of Engineers A (Malaysia) referred to in paragraph (2)(b) does not submit a nomination list within thirty days before the expiry of the term of office of the five members of the Board nominated by the Council of the Institution of Engineers (Malaysia), the Minister shall appoint any person qualified as a member of the Board. (4) A member of the Board, including the President shall, unless he sooner resigns or his appointment is revoked, hold office for a term not exceeding three years and subject to subsection (5) shall be eligible for reappointment. (5) A member of the Board, including the President, shall not be appointed for more than five consecutive years. (6) If any member of the Board dies or resigns or his appointment is revoked, a new member shall as soon as practicable be appointed in his place and the member so appointed shall hold office for the remainder of the term for which his predecessor was appointed. (7) The provisions of the Schedule shall have effect with respect to the Board. (8) The Minister may, by order published in the Gazette, amend the Schedule. Functions of the Board 4. (1) The functions of the Board shall be─ (a) to keep and maintain the Register; (b) to approve or reject applications for registration under this Act or to approve any such application subject to 12 Laws of Malaysia ACT 138 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 Parts III and IV; (d) to fix from time to time with the approval of the Minister the scale of fees to be charged by registered Persons and Engineering consultancy practices for professional engineering services rendered; (e) to hear and determine disputed relating to professional conduct or ethics of registered Persons 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 professional engineering services, when requested; (eb) to employ any person, as it deems necessary, to assist the Board in carrying out its functions, powers and duties subject to such terms and conditions as it may determine; (ec) to provide facilities for the promotion of learning and education and to hold or cause to be held professional development programmes, including continuing professional development programmes, for registered Persons to further enhance their knowledge in the latest developments relating to that profession; (ed) to appoint a committee consisting of persons to be determined by the Board— (i) to conduct professional assessment examinations for the purpose of admission as a Professional Engineer; or Registration of Engineers 13 (ii) to conduct professional competency examinations for the purpose of issuing a Practising Certificate to the Professional Engineer; (ee) to appoint any person to represent the Board in any committee, panel or institution, where that person would subsequently make recommendations to the Board on all matters regarding the qualifying for admission to the profession; (ef) to appoint a body consisting of members from the Board, Professional Engineers and other persons as may be determined by the Board to advise the Government and the public on matters relating to engineering education, including the certification of such programmes; (eg) to cause examinations to be conducted by an institution recognized by the Board for the purpose of admission to the profession; (f) to determine and regulate the conduct and ethics of the engineering profession; and (g) generally, to do all such acts, matters and things as are necessary to carry out the provisions of this Act. (2) Without prejudice to the general powers conferred by subsection (1) the Board shall have power─ (a) to purchase or lease any land or building required for any of the purposes of the Board; (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, or otherwise deal in any immovable property of the Board. 14 Laws of Malaysia ACT 138 PART III REGISTRATION OF ENGINEERS, ENGINEERING TECHNOLOGISTS AND INSPECTORS OF WORKS Register 5. (1) The Register shall contain the following: (a) Part A─ which shall contain in the names, addresses and other particulars of Professional Engineers; (b) Part B─ which shall contain the names, addresses and other particulars of Graduate Engineers; (c) (Deleted by Act A1479); (d) Part D─ which shall contain the names, addresses and other particulars of Engineering consultancy practices; (e) Part E─ which shall contain the names, addresses and other particulars of Accredited Checkers; (f) Part F─ which shall contain the names, addresses and other particulars of Professional Engineers with Practising Certificates; (g) Part G─ which shall contain the names, addresses and other particuars of Engineering Technologists; and (h) Part H─ which shall contain the names, addresses and other particulars of Inspectors of Works. (2) 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 7 (3) or 7 (1), section 10 , 10 , or 10 , A B C D E or paragraph 4(1)(b). Registration of Engineers 15 Appointment and duties of Registrar 6. (1) The Minister may appoint a Registrar of Engineers who shall be under the general direction of the Board and who shall sign all certificates of registration and their renewal, and orders of the Board or Disciplinary Committee, and record all entries of registration, suspension, cancellation, removal and reinstatement in the Register. (2) 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) a registered Person whose registration has been─ (i) by an order of the Disciplinary Committee─ (A) suspended under subsection 15(3) or paragraph 15(1 )(c); or A (B) cancelled under paragraph 15(1 )(d); A (ii) removed under section 16; or (iii) reinstated under section 17; or (b) an Engineering consultancy practice whose registration has been─ (i) by an order of the Board─ (A) suspended under subsection 15(3) or paragraph 7 (5)(cc); or A (B) cancelled under subsection 7 (3) or B paragraph 7 (5)(dd); A (ii) removed under section 16; or 16 Laws of Malaysia ACT 138 (iii) reinstated under section 17 or subsection 7 (8). A (2 ) The publication under subsection (2) shall be made─ A (a) 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 (b) 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. (3) 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. (4) The Registrar may annually publish and offer for sale copies of the Register. Restrictions on unregistered persons, Graduate Engineers, etc. 7. (1) No person shall, unless he is a Professional Engineer─ (a) 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─ (i) bearing the words “Professional Engineer” or the equivalent thereto in any other language; (ii) bearing any other word whatsoever in any language which may reasonably be construed to imply that he is a Professional Engineer; or (iii) using the abbreviation “Ir.” before his name or Registration of Engineers 17 the abbreviation “P.Eng.” after his name or in any way in association with his name; (b) use or display any sign, board, card or other device representing or implying that he is a Professional Engineer; or (c) (Deleted by Act A1479); (d) use the stamp as may be determined by the Board. (1 ) A person shall not, unless he is a Professional Engineer with A Practising Certificate— (a) 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; (b) be entitled to describe himself or hold himself out under any name, style or title— (i) bearing the words “Professional Engineer with Practising Certificate” or equivalent in any other language; or (ii) bearing any other words in any language which may reasonably be construed to imply that he is a Professional Engineer with Practising Certificate; (c) use or display any sign, board, card or other device representing or implying that he is a Professional Engineer with Practising Certificate; (d) 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 (e) use the stamp as may be determined by the Board. 18 Laws of Malaysia ACT 138 (1 ) A person shall not, unless he is a Graduate Engineer or B 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. (2) Notwithstanding subsections (1) and (1 )─ A (a) 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 (b) 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─ (i) he holds a certificate from the Board that he has obtained a professional qualification approved by the Board; or (ii) he is a Corporate Member of the Institution of Engineers (Malaysia). (3) Where a person holds a certificate─ (a) 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 (b) 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─ (c) 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; (d) to do so under whatever name or title he may use by virtue of being the holder of certificate; or (e) 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 7 . (1) Notwithstanding subsections 7(1) and (1 ), a sole A A proprietorship, partnership or body corporate may practise as an Engineering consultancy practice and recover in any court any fee, charge or remuneration or other form of consideration for any professional engineering services rendered by it pursuant to its practice as an Engineering consultancy practice carried on by virtue of this section, if it is registered with the Board as an Engineering consultancy practice and has been issued with a certificate of registration. 20 Laws of Malaysia ACT 138 (2) 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. (3) 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─ (a) in the case of the sole proprietorship, the sole proprietor is a Professional Engineer with Practising Certificate; (b) in the case of the partnership, all the partners are Professional Engineers with Practising Certificates; or (c) in the case of the body corporate─ (i) it has a board of directors who shall be subject to such conditions and qualifications as may be prescribed by the Board; (ii) its shareholdings shall be as may be prescribed by the Board; (iii) it has a minimum paid-up capital which shall be an amount to be prescribed by the Board; and (iv) the day-to day affairs of the body corporate shall be under the control and management of a person who— (A) is a Professional Engineer with Practising Certificate; and (B) 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. (4) 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. (4 ) An Engineering consultancy practice may only provide A 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). (5) If the Board finds that─ (a) 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; (b) the composition of the partners, board of directors or shareholders of the Engineering consultancy practice does not comply with section 7 or subsection (3); B (c) the Engineering consultancy practice has breached any of the requirements of subsection (4); or (d) 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─ (i) paragraph 15(1)(a); or 22 Laws of Malaysia ACT 138 (ii) 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; (cc) the suspension of the registration for a period not exceeding two years of; (dd) 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. (6) (a) The Board shall not make any order under paragraphs (5)(aa) 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─ (i) 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 14 ; and A (ii) 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. Registration of Engineers 23 (aa) Notwithstanding paragraph (a), the Board may make an order under paragraphs (5)(aa) to (ee) if the Disciplinary Committee has under paragraph 15(1 )(c) or (d) suspended or cancelled the A registration of— (i) a sole proprietor; (ii) one of the partners in a partnership comprising only two partners; or (iii) one of the directors in the board of directors of a body corporate comprising only two directors. (b) 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— (i) 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; (ii) 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 7 or subsection (3); and B (iii) 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 (7) Upon the Board suspending or cancelling the registration of an Engineering consultancy practice pursuant to paragraph (5)(cc) or (dd), 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. (8) (a) Without prejudice to section 17, the Board may at any time upon receipt of an application from an Engineering consultancy practice whose registration has been suspended or cancelled pursuant to paragraph (5)(cc) or (dd), respectively, reinstate its registration if it is satisfied that— (i) the reason which led to the suspension or cancellation of its registration no longer exists; and (ii) the Engineering consultancy practice, at the time of such application, complies with the terms, conditions and restrictions imposed by the Board pursuant to section 7 B or subsection (3) at the time of the original registration. (b) 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 7 . (1) Where a body corporate carries on a practice of providing a B combination of services comprising professional engineering services, architectural consultancy services or quantity surveying services, the Board may, subject to such conditions or restrictions as it may deem fit to impose, register that part of the practice providing professional engineering services. Registration of Engineers 25 (2) The body corporate that applies for registration under subsection (1) must be incorporated under the Companies Act 1965 and— (a) it has a board of directors who shall be subject to such conditions and qualifications as may be prescribed by the Board; (b) its shareholdings shall be as may be prescribed by the Board; (c) has a minimum paid-up capital which shall be an amount as may be prescribed by the Board; and (d) the day-to-day affairs of the body corporate shall be under the control and management of a person who— (i) is a Professional Engineer with Practising Certificate; and (ii) 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. (3) 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. (4) 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. 8. (1) Except as otherwise provided under any other written law, no person or body, other than a Professional Engineer with Practising 26 Laws of Malaysia ACT 138 Certificate who is residing and practising in Malaysia or an Engineering consultancy practice providing professional engineering services in Malaysia, shall be entitled to submit plans, engineering surveys, drawings, schemes, proposals, reports, designs or studies to any person or authority in Malaysia. (2) 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 7 , B subsection 7 (3), or paragraph 4(1)(b), and is restricted to the right to A 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). (3) 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. (4) Nothing in this section shall prohibit— (a) 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 (b) 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. (c) (Deleted by Act A1479). Registration of Engineers 27 (d) (Deleted by Act A1479). Plan or drawing which a Professional Engineer may submit 8 . (1) A Professional Engineer may submit plans or drawings to A any person or authority in Malaysia where such plans or drawings are in relation to an equipment, a plan or a specialized product invented or sold by him or him employer. (2) The employer referred to in subsection (1) shall not include a client. 9. (Deleted by Act A1479). Qualifications for registration 10. (1) (a) Subject to this Act, a person who holds— (i) the qualifications required for Graduate Membership of the Institution of Engineers (Malaysia) and which are recognized by the Board; or (ii) any qualification in engineering which is recognized by the Board, shall be entitled on application to be registered as a Graduate Engineer. (b) 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). (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 (a) any person— (i) who is registered as a Graduate Engineer and has obtained the practical experience under paragraph (1)(b); (ii) who— (A) has passed a professional assessment examination conducted by the Board; (B) holds a professional qualification which the Board considers to be equivalent to the professional assessment examination conducted by the Board; or (C) is a Corporate Member of the Institution of Engineers (Malaysia); and (iii) who has complied with the requirements as determined by the Board; (b) 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; (c) 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 (d) 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 (1)(a) and who, after that date, has obtained outside 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. (3) 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. (4) 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. (5) 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. (6) Subsections 17(3) and 19(1) shall apply mutatis mutandis to any person whose application for registration has been rejected pursuant to subsection (5). 10 . (Deleted by Act A1479). A Registration of Accredited Checker 10 . (1) The Board may register a person as an Accredited Checker B if— 30 Laws of Malaysia ACT 138 (a) he is a Professional Engineer with Practising Certificate registered in the relevant branch of engineering approved by the Board; (b) 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 (c) 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. (2) 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 10 . (1) A person who holds any qualification which is recognized C by the Board shall be entitled on application to be registered as an Engineering Technologist. (2) 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 10 . A person shall be entitled on application to be registered as a D Professional Engineer with Practising Certificate if— (a) the person is a registered Professional Engineer; (b) the person has passed a professional competency examination conducted by the Board; and (c) the person has complied with the requirements as determined by the Board. Registration of Engineers 31 Registration of Inspector of Works 10 . A person who holds any qualification which is recognized by E the Board shall be entitled on application to be registered as an Inspector of Works. 11. (Deleted by Act A132). Application for registration 12. Application for registration shall be made to the Board in such manner as may be prescribed and accompanied by the prescribed fee. Certificate of registration 13. (1) The Registrar shall upon receipt of the prescribed fee issue to any person, sole proprietorship, partnership or body corporate whose application for registration has been approved by the Board a certificate of registration in the prescribed form. (2) 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. (3) A certificate of registration— (a) 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 (b) 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 14. Every registered Person and Engineering consultancy practice shall notify the Registrar of any change in his or its business address within three months of the change. PART IIIA DISCIPLINARY COMMITTEE Disciplinary Committee 14 . (1) The Board shall appoint a Disciplinary Committee which A shall consist of the following members: (a) a Chairman who shall be registered Professional Engineer with Practising Certificate; (b) a registered Professional Engineer; and (c) a registered Professional Engineer with Practising Certificate. (2) 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 14 . The Disciplinary Committee— B (a) shall conduct hearings of any misconduct or complaint against any registered Person referred to it by the Investigating Committee; (b) 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 14 . (1) Where a member of the Board has been appointed as a C member of the Disciplinary Committee in pursuance of section 14A to conduct a hearing of any misconduct or complaint against a registered Person, that member of the Disciplinary Committee shall not sit as a member of the Board when the Board conducts a hearing or makes an order under subsection 7 (5) against an Engineering A consultancy practice of which the registered Person is its sole proprietor, partner, director, shareholder or employee. (2) Subject to the provisions of this Act, the Disciplinary Committee may regulate its own procedures in such manner as it deems fit. PART IV CANCELLATION, REMOVAL, REINSTATEMENT, ETC. Cancellation of registration, etc. 15. (1) The Disciplinary Committee may make any or any combination of the orders specified in paragraphs (a) to (d) of subsection (1 ) against a registered Person under any of the following A circumstances: (a) if he is convicted of any offence, including offences involving false or negligent certification, fraud, dishonesty or moral turpitude in Malaysia or elsewhere; (b) if he offers or accepts any commission which in the opinion of the Disciplinary Committee is an illicit commission; (c) 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 financial interest in 34 Laws of Malaysia ACT 138 any such company or firm or business, with which he deals on behalf of his client; (d) if his registration under this Act has been obtained by fraud or misrepresentation; (e) if his qualification under section 10 has been withdrawn or cancelled by the Authority through which it was acquired or by which it was awarded; (f) if he is found to be of unsound mind; (fa) if he is found to be incapable or no longer able to perform his professional duties effectively; (fb) if he becomes a bankrupt; (g) if he is found by the Disciplinary Committee to have contravened, or failed to comply with, this Act or any regulations made thereunder; (h) if he fails to observe any conditions or restrictions subject to which he is registered; (i) if he is found guilty by the Disciplinary Committee of any act or conduct which in the opinion of the Disciplinary Committee is infamous or disgraceful; (j) if he procures, or assists in procuring, or is knowingly a party to procuring, by fraud or misrepresentation, the approval of the Board for a sole proprietorship, partnership or body corporate to be registered as an Engineering consultancy practice; (k) if he conceals or assists in concealing from the Board the existence of any facts or circumstances which, if known, would entitle the Board to cancel the registration of a sole proprietorship, partnership or body corporate, in which he is a sole proprietor, partner, director or shareholder, as an Engineering consultancy practice; Registration of Engineers 35 (l) if he contravenes, or fails to perform, or assists in the contravention of, any terms, conditions or restrictions imposed by the Board when registering a sole proprietorship, partnership or body corporate as an Engineering consultancy practice under section 7 or subsection 7 (3); B A (m) if he causes or permits or suffers any sole proprietorship, partnership or body corporate in which he is a sole proprietor, partner, director or shareholder to practise as an Engineering consultancy practice prior to its registration by the Board; (n) if he causes or permits or suffers any Engineering consultancy practice in which he is a sole proprietor, partner, director or shareholder to continue to practise as an Engineering consultancy practice after the Board has suspended or cancelled its registration under paragraph 7 (5)(cc) or (dd), A respectively; (o) if he fails to discharge his professional duties with due skill, care and diligence. (1 ) The orders referred to in subsection (1) are— A (a) the issuance of a written warning or reprimand; (b) the imposition of a fine not exceeding fifty thousand ringgit; (c) the suspension of registration for a period not exceeding two years; (d) the cancellation of registration. (2) The Disciplinary Committee shall not make any order under subsection (1 ), based upon any of the circumstances set out in A subsection (1) except for circumstances in paragraphs (1)(a), (e), (f) and (fb), unless an opportunity of being heard either personally or by a person appointed by the registered Person has been given to the registered Person against whom the Disciplinary Committee against whom the Disciplinary Committee intends to make the order. 36 Laws of Malaysia ACT 138 (3) The Disciplinary Committee or Board may, if it deems fit, suspend the registration of any registered Person or Engineering consultancy practice, respectively, for a period not exceeding six months pending any investigation by an Investigating Committee under this Act and during the period of such suspension he or it shall not exercise any of the rights or privileges accorded to him or it under this Act. (4) The Disciplinary Committee or Board, as the case may be, may upon the recommendation of the Investigating Committee suspend the registration of the registered Person or Engineering consultancy practice mentioned in subsection (3) for a further period of three months but not exceeding six months, if the Investigating Committee is unable to complete the investigation of such registered Person or Engineering consultancy practice within the period of suspension stipulated in subsection (3). Removal from Register 16. There shall be removed from the Register the name and other particulars of— (a) any registered Person who has died, or Engineering consultancy practice which has ceased to practise; (b) any registered Person, other than a Graduate Engineer, Engineering Technologist, or Engineering consultancy practice who has failed to renew his or its registration within one month of the expiry of the registration; (c) any registered Person whose registration has been cancelled under paragraph 15(1 )(d) or Engineering consultancy A practice whose registration has been cancelled under subsection 7 (3) or paragraph 7 (5)(dd); or B A (d) any registered Person or Engineering consultancy practice whose registration has been effected by reason of any mistake or error made by the Board in considering his or its application for registration. Registration of Engineers 37 Reinstatement 17. (1) Any registered Person or Engineering consultancy practice whose name has been removed from the Register pursuant to an order of the Disciplinary Committee or Board under subsection 15(1 ) or A 7 (5), respectively, shall, if his or its appeal is allowed, forthwith be A reinstated and the Registrar shall issue a certificate of registration to him or it. (2) Any registered Person, other than a Graduate Engineer, Engineering Technologist, or Engineering consultancy practice whose name has been removed from the Register for failure to renew his or its registration for a period of not more than three years shall be reinstated as soon as may be after he or it has notified the Registrar of his or its desire to be reinstated and upon payment of such fees as may be prescribed and satisfying such conditions as may be determined by the Board, and the Registrar shall issue a certificate of registration to him or it. (2 ) A registered Person, other than a Graduate Engineer, A Engineering Technologist, or Engineering consultancy practice, who fails to renew his or its registration for a period of more than three years after its expiry may be reinstated if he or it applies to the Board for reinstatement and the Board if satisfied with his or its reasons for reinstatement and upon payment of such fees as may be prescribed and satisfying such conditions as may be determined by the Board, shall issue a certificate of registration to him.

(3) A registered Person or Engineering consultancy practice whose name has been removed from the Register pursuant to an order of the Disciplinary Committee or the Board under subsection 15(1 ) A or 7 (5) respectively, and who has not appealed against that order or A whose appeal has been dismissed may, after the expiration of not less than six months from the date of the order of cancellation or from the date of the decision of the appeal, apply for reinstatement. (4) The Board shall issue a certificate of registration to the registered Person or Engineering consultancy practice upon— (a) receipt of satisfactory evidence for his or its reinstatement; 38 Laws of Malaysia ACT 138 (b) satisfying such conditions as may be determined by the Board; (c) reimbursement to the Board of all expenditure incurred arising out of the proceedings leading to the cancellation of his or its registration; and (d) payment of the prescribed fee. Certificates to be returned 18. Any registered Person or Engineering consultancy practice whose name is removed from the Register shall within fourteen days after notification to him or it by registered post of the removal, surrender to the Board the certificate of registration issued to him or it under this Act. PART V GENERAL Appeal 19. (1) Any person, sole proprietorship, partnership or body corporate— (a) who has been refused registration by the Board; (b) who has been registered but is dissatisfied with any conditions or restrictions imposed by the Board under section 7 , B subsection 7 (3) or 10 , or paragraph 4(1)(b); or A D (c) who having been registered has had his or its name removed from the Register pursuant to an order made by the Disciplinary Committee or Board under subsection 15(1 ) or A 7 (5), respectively; A Registration of Engineers 39 (d) who has been registered and has subsequently applied to have his or its registration extended to cover additional branches of engineering and has had his or its application refused; or (e) who is not satisfied with an order of the Disciplinary Committee or Board made under subsection 15(1 ) or 7 (5), A A respectively, may within twenty-one days of being notified of the refusal, conditions, restrictions, removal or order appeal to the Appeal Board constituted under section 20 and the Appeal Board may thereupon make such orders as it may deem just or proper. (2) The Disciplinary Committee or Board shall give effect to any order made by the Appeal Board forthwith. Appeal Board 20. For the purpose of this Part there shall be established an Appeal Board consisting of a Judge of the High Court as Chairman who shall be appointed by the Yang di-Pertuan Agong (after consultation with the Chief Justice) and two other persons appointed by the Yang di-Pertuan Agong. Tenure of office of members of the Appeal Board 21. A member of the Appeal Board shall unless he sooner resigns 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. Procedure of appeal 22. (1) A notice of appeal against an order of the Board or Disciplinary Committee referred to in section 19 shall be made in writing to the Appeal Board and a copy of the notice sent to the President of the Board or Chairman of the Disciplinary Committee. 40 Laws of Malaysia ACT 138 (2) On receipt of a copy of the notice of appeal, the President of the Board or the Chairman of the Disciplinary Committee or in the absence of the President or the Chairman, the member so delegated by the President or the Chairman, shall cause to be prepared and sent to the Chairman of the Appeal Board records or a summary of the records of the proceedings of the Board or the Disciplinary Committee and a statement setting out the grounds on which the Board or the Disciplinary Committee arrived at its decision. (3) Upon receiving the records or summary of the records and the grounds of the decision of the Board or Disciplinary Committee, the Chairman of the Appeal Board shall convene a meeting of the Appeal Board to hear the appeal. (4) The Appeal Board after hearing the appeal may confirm or vary the decision of the Board or Disciplinary Committee. (5) The decision of the Appeal Board shall be final. Procedure of Appeal Board 23. The Appeal Board shall at its discretion determine its own procedure. Penalties for obtaining registration by false pretences, etc. 24. Any person, sole proprietorship, partnership or body corporate who— (a) procures or attempts to procure 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; (b) wilfully makes or causes to be made any falsification in the Register; Registration of Engineers 41 (c) forges, alters or counterfeits any certificate of registration under this Act; (d) uses any forged, altered or counterfeited certificate of registration under this Act knowing the same to have been forged, altered or counterfeited; (e) impersonates a registered Person; (f) buys or fraudulently obtains a certificate of registration under this Act issued to another registered Person or Engineering consultancy practice; (g) sells any certificate of registration issued under this Act; or (h) contravenes section 7 or 8, or subsection 7 (1), 24 (1) or A A 24 (5), B shall be guilty of 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 to both. Restriction on employment of unregistered person to provide professional engineering services 24 . (1) No person shall employ a person, sole proprietorship, A partnership or body corporate, other than a Professional Engineer with Practising Certificate or Engineering consultancy practice, to perform professional engineering services. (2) Nothing in subsection (1) shall prohibit the employment of any person holding one of the certificates referred to in subsection 7(3) to do all things which the certificate enables or authorizes him to do. 42 Laws of Malaysia ACT 138 Investigating Committee and its powers 24 . (1) For the purposes of subsection 15(3), the Board shall B appoint an Investigating Committee which shall consist of the following members: (a) a Chairman who shall be a registered Professional Engineer with Practising Certificate; and (b) two other members, one of whom shall be a Professional Engineer with Practising Certificate. to conduct an investigation. (2) Where a member 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 7 (5) A in respect of the Engineering consultancy practice which has been examined by the Investigating Committee of which he is a member. (2 ) Where the Investigating Committee has conducted an A investigation against a registered Person, the member of the Investigating Committee shall not sit as a member of the Disciplinary Committee appointed in pursuance of section 14 to conduct a A hearing of any misconduct or complaint or to make an order under subsection 15(1 ) in respect of the registered Person who has been A investigated by the Investigating Committee of which he is a member. (3) The Investigating Committee appointed under subsection (1) may, for the purpose of an investigation— (a) require any person, including a sole proprietor, partner, director, manager or secretary, to attend before it and give evidence on oath or affirmation, and the Chairman of the Investigating Committee presiding at the investigation may administer the oath; and Registration of Engineers 43 (b) 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. (4) Upon completion of its investigation, the Investigating Committee shall submit a report together with its recommendations, if any, to the Board or Disciplinary Committee for its consideration. (5) A person, including a sole proprietor, partner, director, manager or secretary, shall, unless with reasonable excuse— (a) attend and give evidence when required to do so by the Investigating Committee; (b) answer truthfully and fully any question put to him by any member of the Investigating Committee; or (c) produce to the Investigating Committee any book, document or paper required of him. General penalty 25. (1) Any person, sole proprietorship, partnership or body corporate who contravenes this Act or any regulations made thereunder shall be guilty of an offence and shall, where no penalty is expressly provided therefor, be liable, on conviction, to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding one year, or to both. (2) If a sole proprietorship, partnership or body corporate contravenes this Act or any regulations made thereunder, the sole proprietor or every partner, director, manager, secretary or other similar officer thereof shall be guilty of the same offence and be liable to the same penalty as the sole proprietorship, partnership or body corporate is guilty of and liable to, unless he proves that the offence was committed without his knowledge, consent or connivance or was not attributable to any neglect on his part. 44 Laws of Malaysia ACT 138 (3) If a registered Person or Engineering consultancy practice refuses or fails to comply with an order of the Disciplinary Committee or Board made under subsection 15(1 ) or 7 (5), A A respectively, or Appeal Board made under section 19, he shall be guilty of an offence, and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit in the case of an individual, or to a fine not exceeding fifty thousand ringgit in the case of an Engineering consultancy practice. Regulations 26. The Board may with the approval of the Minister make regulations to prescribe anything which may be prescribed or is required to be prescribed under this Act or to enable it to perform any of its functions or to exercise any of its powers set out in this Act. Authorization by President 26 . (1) Subject to subsection (2) and such policy as the Board may A from time to time adopt, the President may from time to time, on application in the prescribed form and on payment of the prescribed fee and on such conditions or with such restrictions as he thinks fit to impose, in writing authorize any person who is not a registered Person or any sole proprietorship, partnership or body corporate which is not an Engineering consultancy practice to do any act or thing that the person, sole proprietorship, partnership or body corporate would, but for the authorization, be prohibited, or not be entitled, to do, and may at any time, without assigning any reason therefor, withdraw the authorization by notice served on the person, sole proprietorship, partnership or body corporate. (2) No person, sole proprietorship, partnership or body corporate shall be authorized under this section to do any such act or thing for more than a total period of one hundred and eighty days in any one calendar year. (3) A person, sole proprietorship, partnership or body corporate who does any such act or thing under and in accordance with an Registration of Engineers 45 authorization under subsection (1) shall, notwithstanding any provision of this Act to the contrary, be deemed to be permitted or entitled to do that act or thing as if he or it were a registered Person or an Engineering consultancy practice. Saving as to right of Government 27. Nothing in this Act contained shall apply to anything done or omitted to be done by or under the authority of the Federal Government or the Government of any State. Indemnity 28. (1) No action or proceeding shall be instituted or maintained in any court against the Board, Disciplinary Committee, Appeal Board, Investigating Committee or any committee appointed by the Board, any members of the Board, Disciplinary Committee, Appeal Board, Investigating Committee or any such committee, or any person authorized to act for or on behalf of the Board for any act or omission done in good faith in the discharge of any of its or his functions, powers and duties under this Act or any regulations made under this Act. (2) This section does not apply to powers conferred under subsection 4(2) or any power to enter into contracts exercised by the Board. Appointment of advocate and solicitor 29. The Board may appoint an advocate and solicitor to institute and conduct proceedings on its behalf. ______________________________________ 46 Laws of Malaysia ACT 138 SCHEDULE [Subsection 3(7)] 1. (1) The following person shall be disqualified from being appointed or being members of the Board— (a) a person who is of unsound mind and/or is otherwise incapable of performing his duties; and (b) a bankrupt. (2) A member of the Board shall vacate his office if he fails to attend three consecutive meetings of the Board without the permission in writing of the President or if he becomes disqualified under subparagraph (1). 2. (1) The Board shall meet at least once a year at such place as may from time to time be appointed by the President. (2) At any meeting of the Board the President shall preside, and in his absence the members shall elect one of their number to preside over the meeting. (3) Nine members of whom at least two shall be members appointed under paragraph 3(3)(a) or (b) and two shall be members appointed under paragraph 3(3)(c) or (d) personally present at any meeting of the Board shall constitute a quorum. (4) If on any question to be determined by the Board there is an equality of votes, the President or, in the case where the President is absent, the member presiding over that meeting shall have a casting vote. (5) Subject to subparagraphs (3) and (4) the Board shall determine its own procedure and, except in relation to sections 7A, 7B and 26, have power to delegate to committees appointed by the Board all or any of the functions of the Board upon such terms and subject to such conditions and restrictions as the Board may in its absolute discretion think fit. Any act, ruling or decision of any committee so appointed shall be deemed to be the act, ruling or decision of the Board. (6) The Board shall cause proper records of its proceedings and of the proceedings of any committee appointed by it to be kept. 3. (1) The Board shall have a common seal which shall bear such device as the Board may approve and such seal may from time to time be broken, changed, altered and made anew by the Board as the Board may think fit. (2) Until a seal is provided by the Board under this paragraph, a stamp bearing the description “Board of Engineers” may be used and shall be deemed to be the common seal. Registration of Engineers 47 (3) The common seal shall be kept in the custody of the President and shall be authenticated by the President or other member acting in the absence of the President, and any document purporting to be sealed with the said seal, authenticated as aforesaid, shall until the contrary is shown be deemed to have been validly executed. 4. All moneys arising from fees payable under this Act shall be paid to the Board to be applied in the first place to defraying the expenses of registration and other expenses of the administration of this Act including any expenses of the Board that may be allowed under any regulations made under this Act and thereafter to providing scholarships and the promotion of learning and education in connection with engineering. Moneys not immediately required by the Board shall be invested in such trustee securities as the Board may from time to time determine. SECOND SCHEDULE (Deleted by Act A1479) ______________________________________ 48 Laws of Malaysia ACT 138 LAWS OF MALAYSIA Act 138 REGISTRATION OF ENGINEERS ACT 1967 LIST OF AMENDMENTS Amending law Short title In force from Act A132 Registration of Engineers 07-07-1972 (Amendment) Act 1972 Act A173 Registration of Engineers 23-08-1972 (Amendment) Act 1973 Act A218 Registration of Engineers 22-02-1974 (Amendment) Act 1974 Except paragraph 2(b): 01-07-1974 Act A662 Registration of Engineers 16-01-1987 (Amendment) Act 1987 Act A1158 Registration of Engineers 01-12-2002 (Amendment) Act 2002 Act A1288 Registration of Engineers 01-04-2007 (Amendment) Act 2007 Act A1479 Registration of Engineers 31-07-2015 (Amendment) Act 2015 49 LAWS OF MALAYSIA Act 138 REGISTRATION OF ENGINEERS ACT 1967 LIST OF SECTIONS AMENDED Section Amending authority In force from Long title Act A1158 01-12-2002 2 Act A132 07-07-1972 Act A662 16-01-1987 Act Al158 01-12-2002 Act A1288 01-04-2007 Act A1479 31-07-2015 3 Act A132 07-07-1972 Act A173 23-08-1972 Act A662 16-01-1987 Act Al158 01-12-2002 Act A1288 01-04-2007 Act A1479 31-07-2015 4 Act A132 07-07-1972 Act A662 16-01-1987 Act Al158 01-12-2002 Act A1288 01-04-2007 Act A1479 31-07-2015 Part III Act A1479 31-07-2015 5 Act A132 07-07-1972 Act A662 16-01-1987 Act Al158 01-12-2002 Act A1479 31-07-2015 6 Act A662 16-01-1987 Act Al158 01-12-2002 Act A1288 01-04-2007 Act A1479 31-07-2015 50 Laws of Malaysia ACT 138 Section Amending authority In force from 7 Act A132 07-07-1972 Act A173 23-08-1972 Act A218 22-02-1974, 01-07-1974 Act A1479 Act A1479 Act A662 16-01-1987 Act Al158 01-12-2002 7A Act A218 22-02-1974 Act A662 16-01-1987 Act Al158 01-12-2002 Act A1288 01-04-2007 Act A1479 31-07-2015 7B Act Al158 01-12-2002 Act A1479 31-07-2015 8 Act A132 07-07-1972 Act A173 23-08-1972 Act A218 22-02-1974 Act A662 16-01-1987 Act A1158 01-12-2002 Act A1479 31-07-2015 8A Act A1479 Act A1479 9 Act A1158 01-12-2002 Act A1479 31-07-2015 10 Act A132 07-07-1972 Act A173 23-08-1972 Act A218 22-02-1974 Act A662 16-01-1987 Act A1158 01-12-2002 Act A1288 01-04-2007 Act A1479 31-07-2015 10A Act A662 16-01-1987 Act A1158 01-12-2002 Act A1288 01-04-2007 Act A1479 31-07-2015 10B Act A1158 01-12-2002 Act A1479 31-07-2015 10C Act A1479 31-07-2015 Registration of Engineers 51 Section Amending authority In force from 10D Act A1479 31-07-2015 10E Act A1479 31-07-2015 11 Act A132 07-07-1972 12 Act A1158 01-12-2002 13 Act A132 07-07-1972 Act A1158 01-12-2002 Act A1479 31-07-2015 14 Act A1158 01-12-2002 Act A1479 31-07-2015 14A Act A1479 31-07-2015 14B Act A1479 31-07-2015 14C Act A1479 31-07-2015 Part IIIA Act A1288 01-04-2007 15 Act A132 07-07-1972 Act A218 22-02-1974 Act A662 16-01-1987 Act A1158 01-12-2002 Act A1288 01-04-2007 Act A1479 31-07-2015 16 Act A662 16-01-1987 Act A1158 01-12-2002 Act A1479 31-07-2015 17 Act A132 07-07-1972 Act A662 16-01-1987 Act A1158 01-12-2002 Act A1288 01-04-2007 Act A1479 31-07-2015 18 Act A1158 01-12-2002 Act A1479 31-07-2015 19 Act A662 16-01-1987 Act A1158 01-12-2002 Act A1288 01-04-2007 Act A1479 31-07-2015 52 Laws of Malaysia ACT 138 Section Amending authority In force from 22 Act A1158 01-12-2002 Act A1288 01-04-2007 24 Act A132 07-07-1972 Act A1158 01-12-2002 Act A1288 01-04-2007 Act A1479 31-07-2015 24A Act A662 16-01-1987 Act A1158 01-12-2002 Act A1479 31-07-2015 24B Act A1158 01-12-2002 Act A1288 01-04-2007 Act A1479 31-07-2015 25 Act A173 23-08-1972 Act A218 22-02-1974 Act A662 16-01-1987 Act A1158 01-12-2002 Act A1288 01-04-2007 Act A1479 31-07-2015 26 Act A662 16-01-1987 Act A1479 31-07-2015 26A Act A218 22-02-1974 Act A1158 01-12-2002 Act A1479 31-07-2015 28 Act A1158 01-12-2002 Act A1288 01-04-2007 29 Act A1158 01-12-2002 First Schedule Act A132 07-07-1972 Act A662 16-01-1987 Act A1158 01-12-2002 Act A1288 01-04-2007 Act A1479 31-07-2015 Second Schedule Act A1158 01-12-2002 Act A1479 31-07-2015 \ \