Establishment of Board of Engineers
(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 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 a Professional Engineer;
(b) not more than fourteen members who shall be Professional Engineers, 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.
(2A) (Deleted by Act A1158).
(3) The members of the Board referred to in paragraph (2)(b) shall consist the following:
(a) not more than five Professional Engineers 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 who are employee’s sole proprietors, partners or directors of an engineering consultancy practice; and
(d) not more than two Professional Engineers who are employees of any person or body of persons, not being in the public service of the Federation or in the service of any local authority or statutory authority.
(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 First Schedule shall have effect with respect to the Board.
Functions of the Board
(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 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 Engineers and Engineering consultancy practices for professional engineering services rendered;
(e) to hear and determine disputes relating to professional conduct or ethics of registered Engineers 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 for registered Engineers 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, to conduct examinations or to cause examinations to be conducted by an institution accredited by the Board for the purpose of admission to the profession;
(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;
(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.
