Establishment of the Board
(1) There shall be established a board to be known as the “Board of Town Planners” which shall be a body corporate having perpetual succession and a common seal.
(2) The Board may sue and be sued in its corporate name.
(3) Subject to and for the purposes of this Act, the Board may—
(a) enter into contracts; and
(b) acquire, purchase, take, hold and enjoy movable and immovable property of every description.
(4) The Board may convey, assign, surrender and yield up, charge, mortgage, demise, reassign, transfer or otherwise dispose of, or deal with, movable or immovable property vested in the Board—
(a) upon such terms as the Board thinks fit; and
(b) subject to any written law affecting the same.
Membership of the Board
(1) The Board shall consist of the following members:
(a) a Chairman;
(b) the President of the Pertubuhan Perancang Malaysia;
(c) the President of the Persatuan Pegawai Perancang Bandar dan Desa;
(d) seven members being Town Planners from a nomination list submitted by the Pertubuhan Perancang Malaysia of whom shall be—
(i) three Town Planners who are in the service of public authority;
(ii) three Town Planners who have been in private practice for at least ten years in Malaysia; and
(iii) one Town Planner who is in the employment of any university or institution of higher learning and who is engaged in the teaching of town and country planning or town and regional planning;
(e) one member on the nomination of the Board of Architects from among members of that Board established under the Architects Act 1967 [Act 117];
(f) one member on the nomination of the Board of Engineers from among members of that Board established under the Registration of Engineers Act 1967 [Act 138]; and
(g) one member on the nomination of the Board of Surveyors from among members of that Board established under the Licensed Land Surveyors Act 1958 [Act 458].
(2) The Chairman and other members of the Board under paragraphs
(d) to (g)—
(a) shall be appointed by the Minister for a term not exceeding three years;
(b) unless he sooner resigns or his appointment is sooner revoked, shall hold office for the period as specified in the instrument appointing him;
(c) shall be eligible for reappointment upon expiry of his term of office but shall not be appointed for more than three consecutive terms; and
(d) may, at any time, resign his office by letter addressed to the Minister.
(3) The provisions of the Schedule shall apply to the Board.
Termination of appointment
The appointment of an appointed member of the Board shall terminate—
(a) on his death; or
(b) if he resigns his office by letter addressed to the Minister.
Revocation of appointment
The Minister may revoke the appointment of an appointed member of the Board—
(a) if his conduct, whether in connection with his duties as a member of the Board or otherwise, has been such as to bring discredit on the Board;
(b) if he has become incapable of properly carrying out his duties as a member of the Board;
(c) if there has been proved against him, or he has been convicted on, a charge in respect of—
(i) an offence involving fraud, dishonesty or moral turpitude;
(ii) an offence under a law relating to corruption;
(iii) an offence under this Act; or
(iv) any other offence punishable with imprisonment for more than two years;
(d) if he becomes a bankrupt;
(e) if he has been found or declared to be of unsound mind or has otherwise become incapable of managing his affairs;
(f) if he absents himself from three consecutive meetings of the Board without obtaining leave in writing from the Chairman of the Board;
(g) if his registration has been cancelled or become null and void; or
(h) if his name has been removed from the Register.
Filling of vacancy
Where an appointed member ceases to be a member of the Board, the Minister may appoint another person to fill the vacancy for the remainder of the term for which the vacating member was appointed.
Functions of the Board
The functions of the Board shall be—
(a) to keep and maintain the Register;
(b) to approve or refuse applications for registration under this Act;
(c) to prescribe the scale of fees to be charged by registered Town Planners for professional advice given and service rendered by it;
(d) to determine ethics of the profession;
(e) to regulate conduct of the profession;
(f) to hear and determine itself or appoint a committee or an arbitrator to hear and determine disputes relating to—
(i) professional conduct; and
(ii) professional ethics,
of registered Town Planners and registered Graduate Town Planners;
(g) to represent the profession in any matter in which it may be necessary or expedient;
(h) to examine, report and make recommendations upon current legislation and any other matter affecting the profession to—
(i) the government;
(ii) a public authority; or
(iii) an institute, a body or a society for the time being representing the profession;
(i) to appoint a panel, if so required, to conduct examinations for admission to the profession consisting of—
(i) a member of the Board; and
(ii) Town Planners as the Board may determine;
(j) to appoint a person to represent it on a body or panel of examiners which may be appointed by an institute, a body or a society for the time being representing the profession;
(k) to make recommendations to the relevant authority in relation to any examinations for qualification for admission to the profession;
(l) to appoint members of the Board to sit on a board, committee or body formed for any purpose affecting the profession; and
(m) to appoint members of the Board to sit on the board of another professional body as may be necessary.
Power to borrow
The Board may, with the approval of the Minister and upon such terms and conditions as he may determine, borrow such sums as the Board may require—
(a) for discharging its functions; and
(b) for meeting its obligations.
Committees
(1) The Board may appoint committees as it thinks expedient—
(a) to advise it on matters concerning its functions, powers and duties;
(b) for the proper discharge of its functions, exercise of its powers and performance of its duties;
(c) for any purpose arising out of or connected with its functions, powers and duties; or
(d) to carry out its functions, powers or duties as it may determine or delegate except in relation to its powers under section 50.
(2) There shall be appointed to a committee at least one member of the Board and any other person as the Board thinks fit.
(3) Members of a committee shall be paid such allowance as the Board may determine.
(4) The Board may, at any time, discontinue or alter the constitution of a committee.
(5) Subject to this Act and directions given by the Board a committee may regulate its own procedure.
(6) A committee shall conform to directions given to it by the Board.
(7) A committee may invite any person to attend its meeting for the purpose of advising it on any matter under discussion but that person shall not be entitled to vote at the meeting.
(8) A person invited under subsection (7) shall be paid such fee as the Board may determine.
(9) A committee shall cause—
(a) minutes of all its meetings to be maintained and kept in a proper form; and
(b) copies of the minutes of all its meetings to be submitted to the Board as soon as practicable.
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).
