Establishment of Board
s 3
(1) There is established a body corporate by the name of “Board of Geologists”. (2) The Board shall have perpetual succession. (3) The Board may sue and be sued in its corporate name.
Geologists Act 2008 Part II — BOARD OF GEOLOGISTS
Functions and powers of the Board
s 4
(1) The Board shall have the following functions: (a) to perform the duties and functions and exercise the powers as may be provided in this Act; (b) with the approval of the Minister, to determine the scale of fees to be charged by registered professional geologists, registered foreign geologists and registered practitioners for geological services rendered; (c) to determine and regulate the professional conduct and ethics of the geological profession; (d) to hear and determine disputes relating to the professional conduct or ethics of registered geologists and registered practitioners or to establish a committee or to appoint an arbitrator to hear and determine such disputes; (e) to represent the geological profession in any matter in which it may be necessary or expedient to do so; (f) to examine and, if considered necessary, to report on any local matters submitted to it and to make recommendations to the Government or to any public authority, local authority or statutory authority or to any institute, body or society which in the opinion of the Board represents the geological profession; (g) to consider and recommend reforms to the law relating to geological surveying; (h) to conduct examinations for admission to the geological profession; (i) to appoint persons to represent the geological profession on any body or panel of examiners that may be appointed by any institute, body or society which in the opinion of the Board represents the geological profession; (j) to make recommendations in relation to any examinations to qualify for admission to the geological profession; (k) to hold or cause to be held professional development programmes for registered geologists and registered practitioners to further enhance their knowledge in the latest developments relating to the geological profession; (l) to provide scholarships and other facilities for the promotion of learning and education in connection with geology; and (m) to do such other things as it considers fit to enable it to perform its functions effectively or that are incidental to the performance of its functions. (2) The Board shall have all such powers as may be necessary for, or in connection with, or reasonably incidental to, the performance of its functions under subsection (1). (3) Without affecting the general powers conferred by subsection (2), the Board shall have the power— (a) to purchase or lease any land or building as may be required for the proper exercise of its functions under this Act; (b) subject to subsection (4), to borrow or raise money by bank overdraft or otherwise for the purposes specified in paragraph (a); and (c) to lease, dispose of or otherwise deal with any immovable property of the Board. (4) The Board shall not borrow or raise money in any manner without the prior approval of the Minister and the Minister of Finance.
Common seal
s 5
(1) The Board shall have a common seal that shall bear a device approved by the Board. (2) The common seal may be broken, changed, altered and made anew as the Board considers fit. (3) Until a seal is provided by the Board, a stamp bearing the words “Board of Geologists” may be used and shall be deemed to be its common seal. (4) The common seal shall be kept in the custody of the Chairman or a member of the Board. (5) The common seal shall be affixed in the presence of the Chairman and one other member of the Board and the Chairman and such member shall sign every deed, document or other instrument to which the common seal is affixed. (6) All deeds, documents and other instruments purporting to be sealed with the common seal and authenticated as specified in subsection (5) shall, until the contrary is proven, be deemed to have been validly executed. (7) Any deed, document or other instrument that, if executed by a person who is not a body corporate, is not required to be under seal, may in like manner be executed by the Chairman or a member of the Board on behalf of the Board. (8) The common seal of the Board shall be officially and judicially noticed.
Membership of Board
s 6
(1) The Board shall consist of the following members who shall be Malaysian citizens and who shall be appointed by the Minister: (a) a Chairman who shall be a registered professional geologist; (b) a representative of the Institute; (c) five members who shall be registered professional geologists in the public services or in the service of any local authority or statutory authority; (d) five members who shall be registered professional geologists in private practice or in the full-time employment of any person or body of persons other than the public services or any local authority or statutory authority; and (e) two persons who, in the opinion of the Minister, are able to contribute to the development of the profession. (2) Notwithstanding subsection (1), the first Board shall consist of the following members who shall be Malaysian citizens and who shall be appointed by the Minister: (a) a Chairman who shall be a person qualified to be registered as a registered professional geologist; (b) a representative of the Institute; (c) five members who shall be persons qualified to be registered as registered professional geologists and who are in the public services or in the service of any local authority or statutory authority; (d) five members who shall be persons qualified to be registered as registered professional geologists and who are in private practice or in the full-time employment of any person or body of persons other than the public services or any local authority or statutory authority; and (e) two persons who, in the opinion of the Minister, are able to contribute to the development of the profession. (3) For the purposes of paragraphs (1)(c) and (d) and (2)(c) and (d), the Institute may nominate suitable registered professional geologists or suitable persons who are qualified to be registered as registered professional geologists, as the case may be, for the consideration of the Minister. (4) Nothing in subsection (3) shall be construed as requiring the Minister to appoint the members referred to in paragraph (1)(c) or (2)(c) from among the list of nominees submitted by the Institute. (5) The following persons shall not be eligible to be appointed to the Board: (a) a person who is of unsound mind or is otherwise incapable of discharging his duties; (b) a bankrupt; and (c) a person who has been convicted of an offence by a court and sentenced to imprisonment for a term of not less than one year or to a fine of not less than two thousand ringgit.
Procedure of the Board
s 7
(1) The provisions of the First Schedule shall apply to the members of the Board. (2) The Minister may amend the First Schedule by order published in the Gazette.
Tenure of office
s 8
(1) Members of the Board shall each be appointed for a term not exceeding three years. (2) Members of the Board shall be eligible for reappointment but no member shall hold office for more than two successive terms.
Allowances
s 9
All members of the Board shall be paid such allowances at such rates as the Minister may determine.
Revocation of appointment and resignation
s 10
(1) The Minister may at any time revoke the appointment of any member of the Board without assigning any reason for the revocation. (2) A member of the Board may at any time resign from his appointment by giving a notice in writing to the Minister.
Vacation of office
s 11
The office of a member of the Board shall be vacated— (a) if he dies; (b) 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 any law relating to corruption; or (iii) any other offence punishable with imprisonment (in itself only or in addition to or in lieu of a fine) for more than two years; (c) 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; (d) if he becomes a bankrupt; (e) if he is of unsound mind or is otherwise incapable of discharging his duties; (f) in the case of the Chairman, if he absents himself from three consecutive meetings of the Board without the permission in writing of the Minister; (g) in the case of a member other than the Chairman, if he absents himself from three consecutive meetings of the Board without the permission in writing of the Chairman; (h) if his appointment is revoked by the Minister; (i) if his resignation is accepted by the Minister; or (j) if his registration under this Act is revoked.
Appointment of replacement for member
s 12
If a member of the Board dies or resigns his office or otherwise vacates his office or if his appointment is revoked, the Minister shall, as soon as may be practicable, appoint a new member in his place and the member so appointed shall hold office for the remainder of the term for which his predecessor was appointed.
Temporary exercise of functions of Chairman
s 13
(1) The Minister may appoint any member to act as the Chairman— (a) during any period when the office of Chairman is vacant; (b) during any period when the Chairman is absent from duty or from Malaysia; or (c) during any period when the Chairman is, for any other reason, unable to perform the duties of his office. (2) Until an appointment under subsection (1) is made or in default of such appointment or in the absence of the Chairman from any meeting of the Board, the Board shall elect one of the members appointed under paragraph 6(1)(c) or 6(2)(c), as the case may be, to perform the functions of the Chairman. (3) A member appointed under subsection (1) or a member referred to in subsection (2), as the case may be, shall, during the period in which he is performing the functions of the Chairman under this section be deemed to be the Chairman. (4) If at any meeting of the Board neither the Chairman nor the person exercising the functions of the Chairman is present, the members present shall elect one of their number to preside at the meeting.
Committees
s 14
(1) The Board may establish such committees as it considers necessary or expedient to assist it in the performance of its functions under this Act except the functions under sections 20, 21, 22, 23, 33, 35 and 50. (2) The Board may elect any of its members to be the chairman of a committee. (3) The Board may appoint any person to be a member of any committee established under subsection (1). (4) A member of a committee shall hold office for such term as may be specified in his letter of appointment and shall be eligible for reappointment. (5) The Board may revoke the appointment of any member of a committee without assigning any reason for the revocation. (6) A member of a committee may at any time resign by giving a notice in writing to the chairman of the committee. (7) The Board may at any time discontinue or alter the constitution of a committee. (8) A committee may regulate its own procedure. (9) A committee shall be subject to and shall act in accordance with any direction given to it by the Board. (10) A meeting of a committee shall be held at such time and place as the chairman of the committee may determine. (11) A committee shall cause— (a) minutes of all its meetings to be kept and maintained in a proper form; and (b) copies of the minutes of all its meetings to be submitted to the Board as soon as may be practicable. (12) A committee may invite any person to attend any meeting of the committee for the purpose of advising it on any matter under discussion but any person so attending shall have no right to vote at the meeting. (13) Members of a committee and any person invited under subsection (12) shall be paid such allowances and other expenses as the Board may determine after consultation with the Minister. (14) An act, ruling or decision of a committee shall be deemed to be the act, ruling or decision of the Board.
Non-liability of member of Board
s 15
No member of the Board shall incur personal liability for any loss or damage caused by any act or omission in administering the affairs of the Board unless the loss or damage is occasioned intentionally or through recklessness or gross negligence.
Application of Public Authorities Protection Act 1948
s 16
The Public Authorities Protection Act 1948 [Act 198] shall apply to any action, suit, prosecution or proceedings against the Board or against any member of the Board, any member of a committee, and any agent or employee of the Board in respect of any act, neglect or default done or committed by him in good faith or any omission omitted by him in good faith, in such capacity.
Member, etc., deemed to be public servant
s 17
Every member of the Board or of any of its committees or any agent or employee of the Board, while discharging his duties as such member, agent or employee shall be deemed to be a public servant within the meaning of the Penal Code [Act 574].
Returns, reports, accounts and information
s 18
(1) The Board shall furnish to the Minister, and any public authority as may be specified by the Minister, such returns, reports, accounts and information with respect to its activities and finances as the Minister may require or direct. (2) The returns, reports, accounts and information referred to in subsection (1) shall be in such form and shall contain such information relating to the proceedings and policy of the Board and any other matter as the Minister may specify.
Back to Geologists Act 2008 — full text
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
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).
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