Appeal
Open ↗(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 7B, subsection 7A(3) or 10A(1), or paragraph 4(1)(b); or
(c) who having been registered has had his or its name removed from the Register pursuant to an order made by the Board under subsection 7A(5) or 15(1A);
(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 Board made under subsection 7A(5) or 15(1A),
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 Board shall give effect to any order made by the Appeal Board forthwith.
Appeal Board
Open ↗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
Open ↗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
Open ↗(1) A notice of appeal against an order of the Board 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.
(2) On receipt of a copy of the notice of appeal the President of the Board or in the absence of the President the member delegated by the President so to do 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 and the statement setting out the grounds on which the Board arrived at its decision.
(3) Upon receiving the records or summary of the records and the grounds of the decision of the Board the Chairman of the Appeal Board shall convene a meeting of the Appeal Board to hear the appeal.
(4) The Appeal Board after hearing the appeal may confirm or vary the decision of the Board.
(5) The decision of the Appeal Board shall be final.
Procedure of Appeal Board
Open ↗The Appeal Board shall at its discretion determine its own procedure.
Penalties for obtaining registration by false pretences, etc.
Open ↗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;
(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 Engineer;
(f) buys or fraudulently obtains a certificate of registration under this Act issued to another registered Engineer or Engineering consultancy practice;
(g) sells any certificate of registration issued under this Act; or
(h) contravenes section 7 or 8, or subsection 7A(1), 24A(1) or 24B(5),
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 fifty thousand ringgit in the case of a sole proprietorship, partnership or body corporate, or to imprisonment for a term not exceeding three years, or to both.
Restriction on employment of unregistered person to provide professional engineering services
Open ↗(1) No person shall employ a person, sole proprietorship, partnership or body corporate, other than a registered Engineer 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.
Investigating Committee and its powers
Open ↗(1) For the purposes of subsection 15(3), the Board shall appoint an Investigating Committee consisting of—
(a) a Chairman, who need not be a registered Engineer; and
(b) two registered Engineers,
to conduct an investigation.
(2) Where the Chairman of the Investigating Committee is a member of the Board, he shall not sit as a member of the Board when the Board conducts a hearing or makes an order under subsection 7A(5) or 15(1A) in respect of the registered Engineer who has, or Engineering consultancy practice which has, been examined by the Investigating Committee of which he is the Chairman.
(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
(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 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
Open ↗(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 two thousand ringgit.
(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.
(3) If a registered Engineer or Engineering consultancy practice refuses or fails to comply with an order of the Board made under subsection 7A(5) or 15(1A), 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
Open ↗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
Open ↗(1) Subject to subsection (2) and such policy as the Board may 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 Engineer 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 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 Engineer or an Engineering consultancy practice.
Saving as to right of Government
Open ↗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
Open ↗(1) No action or proceeding shall be instituted or maintained in any court against the Board, Appeal Board, Investigating Committee or any committee appointed by the Board, any members of the Board, 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
Open ↗The Board may appoint an advocate and solicitor to institute and conduct proceedings on its behalf.
Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).
