Technologists and Technicians Act 2015 Part II — Malaysia board of technologists

Establishment of Malaysia Board of Technologists

s 4

(1) A body corporate to be known as the “Malaysia Board of Technologists” is established. (2) The Board shall have perpetual succession and a common seal. (3) The Board may sue and be sued in its name. (4) Subject to and for the purposes of this Act, the Board may, upon such terms as it deems fit— (a) enter into contracts; (b) acquire, purchase, take, hold and enjoy movable and immovable property of every description; (c) from time to time borrow or raise money by bank overdraft or otherwise for the purposes specified in paragraph (b); and (d) convey, assign, surrender, yield up, charge, mortgage, demise, lease, reassign, transfer, or otherwise dispose of, or deal with, any movable or immovable property or any interest vested in the Board.

Functions of the Board

s 5

The Board shall have the following functions: (a) to recognize Professional Technologist and Certified Technician as professionals; (b) to keep and maintain the Register under section 17; (c) to provide facilities for the promotion of education and training and to hold or cause to be held, professional development programmes for registered persons to further enhance their knowledge relating to their professions; (d) to conduct assessments or to cause assessments to be conducted by an institution approved by the Board for the purpose of admission to the profession; (e) to determine and regulate the conduct and ethics of the technologist and technician profession; and (f) generally, to carry out all such acts and do all such things as may appear to the Board necessary to carry out the provisions of this Act.

Powers of the Board

s 6

(1) The Board may do all things necessary or expedient for, or in connection with, the performance of its functions under this Act. (2) Without prejudice to the generality of subsection (1), the Board may— (a) approve or reject applications for registration under this Act or approve any such applications subject to such conditions or restrictions as it deems fit to impose; (b) impose as it deems fit fees or any other charges as prescribed by the regulations in the performance of its functions and the exercise of its powers; (c) pay allowances and other expenses of the members of the Board, council and committees; (d) employ such number of employees as the Board thinks necessary upon such terms and conditions of service as may be determined by the Board for carrying out the purposes of this Act; (e) pay remuneration, allowances and other benefits to the employees; (f) appoint committees consisting of persons to be determined by the Board to assist it in carrying out its functions; (g) establish councils to evaluate the quality assurance of the programme in the field of technology; (h) 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 relating to qualifications for admission to the profession; and (i) cancel the registration of any registered person or remove from the Register, or reinstate into the Register, the name of any registered person.

Delegation of the functions and powers of the Board

s 7

(1) The Board may, in writing, delegate any of its functions and powers, except the power in paragraph 6(2)(g) to— (a) a member of the Board; (b) a committee appointed under paragraph 6(2)(f); and (c) a council established under paragraph 6(2)(g). (2) Any person, committee or council delegated with such functions or powers shall be bound to observe and have regard to all conditions and restrictions imposed by the Board and all requirements, procedures and matters specified by the Board. (3) Any functions and powers delegated under this section shall be performed and exercised in the name and on behalf of the Board. (4) The delegation under this section shall not preclude the Board itself from performing or exercising at any time any of the delegated functions and powers.

Membership of the Board

s 8

(1) The Board shall consist of the following members who shall be appointed by the Minister: (a) a President who shall be a registered Professional Technologist; and (b) not more than eighteen other members of whom— (i) at least one but not more than five who shall be registered Professional Technologists or Certified Technicians working in the public service of the Federation; (ii) at least one but not more than two who shall be registered Professional Technologists or Certified Technicians working in the service of any local authority or statutory authority; (iii) at least one but not more than five who shall be registered Professional Technologists or Certified Technicians working in the private sector; (iv) at least one but not more than five are members of organizations representing the relevant disciplines of technology and promoting the advancement of technology discipline; (v) at least one but not more than five who shall be registered Professional Technologists in the service of institutions of higher learning; (vi) at least one but not more than five who shall be registered Certified Technicians in the service of skills training institutions; and (vii) at least one but not more than three are from among other related professional boards. (2) Notwithstanding subsection (1), the first Board shall consist of the following members who shall be appointed by the Minister: (a) a President who shall be a person qualified to be registered as a registered Professional Technologist; and (b) not more than eighteen other members of whom— (i) at least one but not more than five who shall be persons qualified to be registered as registered Professional Technologists or Certified Technicians working in the public service of the Federation; (ii) at least one but not more than two who shall be persons qualified to be registered as registered Professional Technologists or Certified Technicians working in the service of any local authority or statutory authority; (iii) at least one but not more than five who shall be persons qualified to be registered as registered Professional Technologists or Certified Technicians working in the private sector; (iv) at least one but not more than five are members of organizations representing the relevant disciplines of technology and promoting the advancement of technology discipline; (v) at least one but not more than five who shall be persons qualified to be registered as registered Professional Technologists in the service of institutions of higher learning; (vi) at least one but not more than five who shall be persons qualified to be registered as registered Certified Technicians in the service of skills training institutions; and (vii) at least one but not more than three are from among other related professional boards.

Common seal

s 9

(1) The Board shall have a common seal which shall bear a device approved by the Board and the seal may from time to time be broken, changed, altered and made anew as the Board thinks fit. (2) Until a seal is provided by the Board, a stamp bearing the words “Malaysia Board of Technologists” may be used and shall be deemed to be the common seal of the Board. (3) The common seal shall be kept in the custody of the President or such other person as may be authorized by the Board, and shall be authenticated by either the President or such person as may be authorized by the President in writing. (4) All deeds, documents and other instruments purporting to be sealed with the common seal of the Board and duly authenticated shall, until the contrary is proven, be deemed to have been validly executed. (5) Any deed, document or other instrument which, if executed by a person not being a body corporate, is not required to be under seal may in like manner be executed by a member of the Board or any other person authorized by the President on behalf of the Board. (6) The common seal of the Board shall be officially and judicially noticed.

Tenure of office

s 10

(1) Subject to such conditions as may be specified in his instrument of appointment, a member of the Board shall, unless he resigns or vacates his office or his appointment is revoked, hold office for a term not exceeding three years as determined by the Minister and shall be eligible for reappointment for a term not exceeding two years. (2) If a member of the Board dies or resigns or 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.

Allowances

s 11

The President and the members of the Board shall be paid such allowances as the Minister may determine.

Revocation of appointment and resignation

s 12

(1) The Minister may, at any time, revoke the appointment of a member of the Board. (2) A member of the Board may, at any time, resign from his appointment by giving at least thirty days’ notice in writing to the Minister.

Vacation of office

s 13

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 of, 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) of more than two years; (c) if he becomes a bankrupt; (d) if he is of unsound mind or is otherwise incapable of discharging his duties; (e) in the case of the President, if he absents himself from three consecutive meetings of the Board without leave in writing from the Minister; (f) in the case of a member of the Board other than the President, if he absents himself from three consecutive meetings of the Board without leave in writing from the President; (g) if his resignation is accepted by the Minister; or (h) if his appointment is revoked by the Minister. Schedule

s 14

(1) The provisions of the Schedule shall apply to the members of the Board. (2) The Minister may amend the Schedule by order published in the Gazette.

Disclosure of interest

s 15

(1) A member of the Board, council or committee who has acquired a direct or indirect interest whether by himself, a member of his family or his associate in relation to any matter under discussion by the Board, council or committee shall disclose to the Board, council or committee the fact of his interest and nature of that interest. (2) A disclosure under subsection (1) shall be recorded in the minutes of the meeting of the Board, council or committee, as the case may be, in which the matter is discussed and, after the disclosure, the member— (a) shall not be present or take part in any discussion or decision of the Board, council or committee, as the case may be, about the matter; and (b) shall be disregarded for the purpose of constituting a quorum of the Board, council or committee, as the case may be, when the matter is discussed or decided upon. (3) A member of the Board who fails to disclose his interest as required under subsection (1) shall be removed from the Board by the Minister. (4) A member of the council or committee who fails to disclose his interest as required under subsection (1) shall be removed from the council or committee by the Board. (5) No act or proceedings of the Board, council or committee shall be invalidated on the ground that any member of the Board, council or committee has contravened this section. (6) For the purposes of this section— “a member of his family”, in relation to a member of the Board, council or committee, includes— (a) his spouse; (b) his parent (including a parent of his spouse); (c) his child (including an adopted child or stepchild); (d) his brother or sister (including a brother or sister of his spouse); and (e) a spouse of his child, brother or sister; and “associate”, in relation to a member of the Board, council or committee, means— (a) a person who is a nominee or an employee of the member; (b) a firm of which the member or any nominee of his is a partner; (c) a partner of the member; (d) a trustee of a trust under which the member or a member of his family is a beneficiary; or (e) any corporation within the meaning of the *Companies Act 2016 [Act 777], of which the member or any nominee of his or a member of the member’s family is a director or has a substantial shareholding in the corporation.