Establishment of Board of Architects
(1) There is established a board to be called “Board of Architects” which shall be a body corporate with perpetual succession and a common seal and which may sue and be sued.
*(2) The Board shall consist of the following members who shall be Malaysian citizens and who are appointed by the Minister:
(a) a President who shall be appointed from among Professional Architects;
(b) three Professional Architects who are in the public service of the Federation;
(c) two Professional Architects who are in the service of any local authority or statutory authority;
(d) seven Professional Architects who have been in private practice for at least three years in Malaysia, three of whom shall be from the nomination list submitted by the Council of the Pertubuhan Arkitek Malaysia;
(e) one member on the nomination of the Board of Engineers from among members of that Board established under the Registration of Engineers Act 1967;
(f) one member on the nomination of the Board of Quantity Surveyors from among members of that Board established under the Quantity Surveyors Act 1967; and
(g) one member appointed from among registered Building Draughtsmen.
(2A) (Deleted by Act A1159).
(3) A member of the Board shall unless he sooner resigns or otherwise vacates his office or his appointment is revoked hold office for a period as may be specified in the instrument appointing him and shall be eligible for reappointment.
(4) If any member of the Board resigns or otherwise vacates his office or his appointment is revoked, a new member shall as soon as practicable be appointed in his place and the member so appointed shall hold office for the remainder of the term for which his predecessor was appointed.
(5) Provisions of the Schedule shall have effect with respect to the Board.
*NOTE—A person who was a member of the Board appointed before 1 December 2002 shall, until he resigns or otherwise vacates his office or his appointment is revoked, continue to hold that office until the expiry of the period specified in his instrument of appointment–see subsection 41(1) of Act A1159.
Functions of the Board
(1) The functions of the Board shall be—
(a) to keep and maintain a Register of Professional Architects, registered Architects and architectural consultancy practices and a Register of registered Building Draughtsmen;
(b) to approve or reject applications for registration under this Act or to approve any such application subject to such conditions or restrictions as it may deem fit to impose;
(c) to order the issuance of written reprimand, the imposition of a fine, suspension or cancellation of registration, removal from or reinstatement into the Registers in accordance with this Act;
(d) to fix from time to time with the approval of the Minister the scale of fees to be charged by Professional Architects, architectural consultancy practices and registered Building Draughtsmen for architectural consultancy services rendered;
(e) to hear and determine disputes relating to professional conduct or ethics of Professional Architects, registered Architects and registered Building Draughtsmen and to appoint a committee or arbitrator or arbitrators to hear and determine such disputes;
(ea) to act as a stakeholder in a contract for architectural consultancy services, when requested;
(eb) to authorize any person to investigate the commission of any offence under this Act or any rules made under this Act;
(ec) 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;
(f) to determine and regulate the conduct and ethics of Professional Architects, registered Architects and registered Building Draughtsmen;
(g) to represent the profession in any matter in which it may be necessary or expedient and to examine and if thought fit to report upon current legislation and any other local matters submitted to it or to make recommendations to Government or any Public or Building Authority or any institute, body or society for the time being representing the profession;
(ga) to appoint a council, consisting of such members of the Board and Professional Architects as may be determined by the Board, to conduct examinations for admission to the profession and other examinations as deemed necessary by the Board;
(h) to appoint persons to represent it on any body or panel of examiners which may be appointed by any institute, body or society for the time being representing the profession and to make recommendations in relation to any examinations for qualification for admission to the profession;
(i) to appoint members of the Board to sit on any boards, committees or bodies formed for any purpose affecting the profession and to appoint members of the Board to sit on the Board of Engineers and the Board of Quantity Surveyors in accordance with the relevant laws;
(j) to provide scholarships and other facilities for the promotion of learning and education in connection with architecture, and to hold or cause to be held professional development programmes for Professional Architects, registered Architects and registered Building Draughtsmen to further enhance their knowledge in the latest developments relating to that profession; and
(k) 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 of, or otherwise deal in any immovable property of the Board.
*NOTE—All applications, proceedings or other matter (except for proceedings under section 17A, 15A, 25 or 33) pending fore the Board before 1 December 2002 shall be dealt with by the Board in accordance with this Act as amended by Act A1159–see subsection 41(4) of Act A1159.
