1 PART I PRELIMINARY-1. Short title, commencement and application.

(1) This Act may be cited as the Architects Act 1967 .

(2) This Act shall come into force on such date as the Minister map be notification in the Gazette appoint.

(3) The Minister may by notification in the Gazette suspend the operation of this Act in any part of Malaysia.

2 PART I PRELIMINARY-2. Interpretation.

(1) In this Act unless the context otherwise requires-

  "appointed date"  means the date appointed under subsection 1(2);

  "architectural consultancy practice"  means a sole proprietorship, partnership or body corporate incorporated under the Companies Act 1965 [Act 125] , providing architectural consultancy services and is registered by the Board under section 7A or 7B;

  "architectural consultancy services"  means the provision of architectural consultancy advice and services pertaining to all or any of the following:

(a) submission of plans or drawings to any person or local authority in Malaysia;

(b) conceptualization, research and development of any design for the built environment;

(c) any survey, preparation of reports including

3 PART II BOARD OF ARCHITECTS MALAYSIA-3. Establishment of Board of Architects Malaysia.

(1) There is established a board to be called "Board of Architects Malaysia" 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 appointed from among Professional Architects;

(b) five Professional Architects who are in the public service of the Federation, States, local authority or statutory authority;

[(b) Am. by Act A1287: s.3]

(c) [Deleted by Act A1287: s.3] ;

(d) eight Professional Architects who have been in private practice for at least five years in Malaysia, three of whom shall be from the nomination list submitted by the Council of the Pertubuhan Arkitek Malaysia;

[(d) Am. by Act A1287: s.3]

4 PART II BOARD OF ARCHITECTS MALAYSIA-4. Functions of the Board.

(1) The functions of the Board shall be-

(a) to keep and maintain a Register of Professional Architects, registered Architects and architectural consultancy practices;

[Am. by Act A1287: s.7]

(aa) to keep and maintain a Register of Interior Designers and Building Draughtsmen;

[Ins. by Act A1287: s.7]

(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 written reprimand, the imposition of a fine, suspension or cancellation of registration, removal from or reinstatement into the Registers in accordance with this Act;

(d) to fix from time to time with the approval of the Minister the scale of fees to be charged by Professional Architects, archite

5 PART III REGISTRATION OF ARCHITECTS-5. Register.

The Register of Professional Architects, Graduate Architects and architectural consultancy practices shall be in three sections, that is to say:

(a) Section A - which shall contain the names, business addresses and other particulars of Professional Architects;

(b) Section B - which shall contain the names, addresses and other particulars of Graduate Architects; and

(c) Section C - which shall contain the names, addresses and other particulars of architectural consultancy practices.

[Am. by Act A1287: s.3]

6 PART III REGISTRATION OF ARCHITECTS-6. Appointment and duties of Registrar.

(1) The Minister shall appoint a Registrar of Architects who shall be under the general direction of the Board and whose duties shall include the signing of certificates of registration and their renewal, and orders of the Board, and the recording of all entries of registration, suspension, cancellation, removal and reinstatement in the Register.

(2) The Registrar shall publish in either the Gazette or at least one national newspaper, the name, address, registration number and other particulars of-

(a) a Professional Architect or Graduate Architect whose registration has been-

[(2)(a) Am. by Act A1287: s.3]

(i) by an order of the Disciplinary Committee cancelled under section 34A or subsection 15A(2); or

(ii) reinstated under section 17;

(b) an architectural consultancy practice whose registration has been-

7 PART III REGISTRATION OF ARCHITECTS-7. Restrictions on unregistered persons and Graduate Architects.

(1) No person shall unless he is a Professional Architect-

(a) practise or carry on business or take up employment which requires him to perform architectural consultancy services;

(aa) be entitled to describe himself or hold himself out under any name, style or title-

(i) bearing the words "Professional Architect" or the equivalent thereto in any other language; or

(ii) bearing any other word whatsoever in any language which may reasonably be construed to imply that he is a Professional Architect;

(b) use or display any sign, board, card or other device representing or implying that he is a Professional Architect;

(ba) be entitled to describe himself as a "Professional Architect" and to use the abbreviation "Ar." before his name and/ or the abbreviation "P.Arch." after his name or in association with his name; or

(c)<

*7A PART III REGISTRATION OF ARCHITECTS-*7A. Architectural consultancy practice.

(1) Notwithstanding subsection 7(1), a sole proprietorship, partnership or body corporate may practise as an architectural consultancy practice and recover in any court any fee, charge, remuneration or other form of consideration for any architectural consultancy services rendered by it pursuant to its practice as an architectural consultancy practice carried on by virtue of this section, if it is registered with the Board as an architectural consultancy practice and has been issued with a certificate of registration.

(2) Every application by a sole proprietorship, partnership or body corporate for registration as an architectural consultancy practice shall be made to the Board in the manner to be determined by the Board and shall be accompanied by the prescribed fee.

[(2) Am. by Act A1287: s.9]

(3) The Board shall register a sole proprietorship, partnership or body corporate as an architectural consultanc

7B PART III REGISTRATION OF ARCHITECTS-7B. A body corporate providing architectural consultancy services, professional engineering services and/or quantity surveying services.

(1) Where a body corporate carries on a practice of providing architectural consultancy services, professional engineering services and/or quantity surveying services, the Board may, subject to such conditions or restrictions as it may deem fit to impose, register that part of the practice providing architectural consultancy services.

(2) The body corporate that applies for registration under subsection (1) must be incorporated under the Companies Act 1965 and-

(a) has a board of directors comprising Professional Architects, Professional Engineers and/or registered Quantity Surveyors;

(b) has shares held by the persons mentioned in paragraph (a) and any of the following persons and/or bodies corporate where-

(i) the Professional Architects, Professional Engineers, registered Quantity Surveyors, bodies corporate providing architectural consultancy services, bodies corpo

8 PART III REGISTRATION OF ARCHITECTS-8. Entitlement.

(1) Every Professional Architect who is residing in Malaysia for not less than one hundred and eighty days in any one calendar year and architectural consultancy practice providing architectural consultancy services in Malaysia shall be entitled to submit plans or drawings to any person or authority in Malaysia according to his qualifications or the qualifications of the Professional Architect in that architectural consultancy practice.

(2) Nothing contained in any other written law shall prevent any Professional Architect or architectural consultancy practice from-

(a) making valuations of buildings and structures, and of plants, machinery and equipment related to the buildings or structures connected with his or its professional practice;

(b) preparing and submitting applications for planning approvals, conversions, subdivisions and amalgamation layout drawings;

[(2)(b)

9 PART III REGISTRATION OF ARCHITECTS-9. Professional Architects subject to this Act, etc .

Every Professional Architect, Graduate Architect and architectural consultancy practice shall be subject to this Act.

[Am. by Act A1287: s.3]

10 PART III REGISTRATION OF ARCHITECTS-10. Qualifications for registration.

(1) (a) Subject to this Act, any person who holds the qualification recognized by the Board thereto; shall be entitled on application to be registered as a Graduate Architect.

(b) Subject to this Act, a person who is registered as a Graduate Architect under paragraph (a) shall be required to obtain such practical experience as may be prescribed by the Board and to pass the examinations as may be determined by the Board in order to be entitled to apply for registration as a Professional Architect under subsection (2).

[(1)(b) Am. by Act A1287: s.3]

(2) Subject to this Act, the following persons shall be entitled on application to be registered under Section A of the Register as Professional Architects:

(a) any person who-

(i) is a Graduate Architect;

[(i) Am. by Act A1287: s.3]

(ii) has obtain

10A PART III REGISTRATION OF ARCHITECTS-10A. Temporary registration of foreign architects.

(1) Subject to this section and such conditions as the Board may think fit to impose, the Board may, upon payment of the prescribed fee, approve the temporary registration as a Professional Architect of any foreign architect who is a consultant to a project, wholly financed by a foreign government, or implemented under a bilateral arrangement between governments.

(2) A foreign architect may be considered for temporary registration if he satisfies the Board that-

(a) he possesses the necessary qualification which is recognized for the practice of architecture as an architect in the country where he normally practises; and

(b) he possesses the necessary expertise and his physical presence is required in Malaysia for not less than one hundred and eighty days in one calendar year or he is a resident representative of the foreign component of a joint-venture.

(3) The Board may appr

11 PART III REGISTRATION OF ARCHITECTS-11. [Deleted by Act A130] .

12 PART III REGISTRATION OF ARCHITECTS-12. Application for registration.

Application for registration shall be made to the Board in such manner as may be determined by the Board and accompanied by the prescribed fee.

[Am. by Act A1287: s.11]

13 PART III REGISTRATION OF ARCHITECTS-13. Certificate of registration.

(1) The Registrar shall upon receipt of the prescribed fee issue to any person, sole proprietorship, partnership or body corporate whose application for registration has been approved by the Board a certificate of registration in the prescribed form expiring on the 31st December of the year in which it is issued.

(2) The registration may, subject to this Act, be renewed annually upon payment of the prescribed fee and upon satisfying such conditions as may be determined by the Board.

14 PART III REGISTRATION OF ARCHITECTS-14. Notification of change of address.

Every Professional Architect, Graduate Architect and architectural consultancy practice shall notify the Registrar of any change in his or its business address.

[Am. by Act A1287: s.3]

15 PART IV CANCELLATION, REMOVAL, REINSTATEMENT, ETC-15. [Deleted by Act A1159] .

15A PART IV CANCELLATION, REMOVAL, REINSTATEMENT, ETC-15A. Powers to investigate and appointment of Disciplinary Committee.

(1) The Board shall appoint-

(a) a member of the Board to investigate into any misconduct or complaint made against any Professional Architect, Graduate Architect or architectural consultancy practice; and

[Am. by Act A1287: s.3]

(b) a Disciplinary Committee comprising three members of the Board, not being a person appointed under paragraph (a) , to conduct a hearing of any misconduct or complaint referred to it by the member of the Board appointed under paragraph (a) ;

[Am. by Act A1287: s.12]

*(2) The Disciplinary Committee may order the issuance of a written reprimand to, the imposition of a fine not exceeding fifty thousand ringgit on, the suspension for a period not exceeding two year of, the cancellation of the registration of, any Professional Architect or Graduate Architect, or any combination of two

15B PART IV CANCELLATION, REMOVAL, REINSTATEMENT, ETC-15B. [Deleted by Act A1159] .

16 PART IV CANCELLATION, REMOVAL, REINSTATEMENT, ETC-16. Removal from Register.

There shall be removed from the Register the name and other particulars of-

(a) any Professional Architect or Graduate Architect who has died, or architectural consultancy practice which has ceased to practise;

(b) any Professional Architect, Graduate Architect or architectural consultancy practice who has failed to renew his or its registration within one month of the expiry of the registration;

(c) any Professional Architect or Graduate Architect whose registration has been cancelled under section 34A or subsection 15A(2), or architectural consultancy practice whose registration has been cancelled under section 34A, subsection 7B(3) or paragraph 7A(5) (dd) ; or

(d) any Professional Architect, Graduate Architect or architectural consultancy practice whose registration has been effected by reason of any mistake or error made by the Board in considering his or its ap

17 PART IV CANCELLATION, REMOVAL, REINSTATEMENT, ETC-17. Reinstatement.

(1) Any Professional Architect, Graduate Architect or architectural consultancy practice whose name has been removed from the Register pursuant to an order of the Board or the Disciplinary Committee shall, if his or its appeal is allowed, forthwith be reinstated, and the Registrar shall issue a certificate of registration to him or it;

(2) Any Professional Architect, Graduate Architect or architectural consultancy practice whose name has been removed from the Register for failure to renew his or its registration shall be reinstated as soon as may be after he or it has notified the Registrar, within five years of such removal, of his or its desire to be reinstated and upon payment of such fees as may be prescribed, upon satisfying such conditions as may be imposed by the Board and the Registrar shall issue a certificate of registration to him or it;

(3) Any Professional Architect, Graduate Architect or architectural consultancy practice

18 PART IV CANCELLATION, REMOVAL, REINSTATEMENT, ETC-18. Certificates to be returned.

Any Professional Architect, Graduate Architect or architectural consultancy practice whose name is removed from the Register shall within fourteen days after notification to him or it by registered post of the removal, surrender to the Board the certificate of registration issued to him or it under this Act.

[Am. by Act A1287: s.3]

19 PART V SPECIAL PROVISIONS RELATING TO BUILDING DRAUGHTSMEN-19. (Omitted) .

20 PART V SPECIAL PROVISIONS RELATING TO BUILDING DRAUGHTSMEN-20. Restrictions on unregistered building draughtsmen.

No person shall, unless he is a Building Draughtsman-

(a) practise or carry on business as a Building Draughtsman;

(aa) be entitled to describe himself or hold himself out under any name, style or title-

(i) bearing the words "Building Draughtsman" or the equivalent thereto in any other language; or

(ii) bearing any other word whatsoever in any language which may reasonably be construed to imply that he is a Building Draughtsman;

(b) use or display any sign, board, card or other device representing or implying that he is a Building Draughtsman; or

(c) be entitled to recover in any court any fee, charge, remuneration or other form of consideration for any advice or services rendered as a Building Draughtsman.

[Am. by Act A1287: s.3 & 20]

21 PART V SPECIAL PROVISIONS RELATING TO BUILDING DRAUGHTSMEN-21. Register of Building Draughtsmen.

For the purpose of this Part there shall be a Register which shall contain the names, addresses and other particulars (including restrictions that may be imposed under section 24) of Building Draughtsmen.

[Am. by Act A1287: s.3]

22 PART V SPECIAL PROVISIONS RELATING TO BUILDING DRAUGHTSMEN-22. [Deleted by Act A1480 of the year 2015] .

23 PART V SPECIAL PROVISIONS RELATING TO BUILDING DRAUGHTSMEN-23. Notification of change of address.

Every Building Draughtsman shall notify the Registrar of any change in his business address.

[Am. by Act A1287: s.3]

24 PART V SPECIAL PROVISIONS RELATING TO BUILDING DRAUGHTSMEN-24. Restrictions on Building Draughtsmen.

(1) Upon the registration of a Building Draughtsman the following restrictions shall apply-

(a) he may submit plans only to, and within the limits of, the Building Authority for which area his application for registration has been approved; and

(b) he shall be entitled to submit plans of buildings in accordance with the restrictions specified in subsection (5) as may be imposed by the Board, or such other restrictions as the Board deems fit.

(2) The Board may at any time on the application of a Building Draughtsman vary the restrictions for the time being imposed upon him pursuant to subsection (1) by substituting therefor the alternative restriction prescribed by subsection (5) or such other restrictions as the Board deems fit, or by adding thereto or deleting therefrom any Building Authority specified under paragraph (1) (a) .

[Am. by Act A1287: s.3]

25 PART V SPECIAL PROVISIONS RELATING TO BUILDING DRAUGHTSMEN-25. Cancellation of registration, etc , of Building Draughtsman.

(1) The Board shall appoint-

(a) a member of the Board to investigate into any misconduct or complaint made against any Building Draughtsman; and

(b) a Disciplinary Committee comprising three members of the Board, including a Board member who is a Building Draughtsman, not being a person appointed under paragraph (a) , to conduct a hearing of any misconduct or complaint referred to it by the member of the Board appointed under paragraph (a) .

(2) The Disciplinary Committee may order the following penalty or a combination of any of the following:

(a) issuance of a written reprimand to;

(b) the imposition of a fine not exceeding twenty-five thousand ringgit on;

(c) the suspension for a period not exceeding two years on; or

(d) the cancellation of the registration of,

an

26 PART V SPECIAL PROVISIONS RELATING TO BUILDING DRAUGHTSMEN-26. Removal from Register.

There shall be removed from the Register the name and other particulars of any Building Draughtsman-

(a) who has died;

(b) who has failed to renew his registration within one month of the expiry of the registration;

(c) whose registration has been cancelled under section 34A or subsection 25(2); or

(d) whose registration has been effected by reason of any mistake or error made by the Board in considering his application for registration.

[Am. by Act A1287: s.3 & 18]

26A PART V SPECIAL PROVISIONS RELATING TO BUILDING DRAUGHTSMEN-26A. Reinstatement.

(1) Any Building Draughtsman whose name has been removed from the Register pursuant to an order of the Disciplinary Committee shall, if his appeal is allowed, be reinstated, and the Registrar shall issue a certificate of registration to him.

(2) Any Building Draughtsman whose name has been removed from the Register for failure to renew his registration shall be reinstated as soon as may be after he has notified the Registrar, within five years of such removal, of his desire to be reinstated and upon payment of such fees as may be prescribed, and upon satisfying such conditions as may be imposed by the Board, and the Registrar shall issue a certificate of registration to him.

(3) Any Building Draughtsman whose name has been removed from the Register pursuant to an order of the Board and who has not appealed against that order or whose appeal has been dismissed may after the expiration of not less than two years from the date of the order

27 PART V SPECIAL PROVISIONS RELATING TO BUILDING DRAUGHTSMEN-27. Certificates to be returned.

Any registered Building Draughtsman whose name has been removed from the Register under this Part shall, within fourteen days after notification to him by registered post of the removal, surrender to the Board the certificate of registration issued to him under this Part.

[Am. by Act A1287: s.3]

27A PART VA SPECIAL PROVISIONS RELATING TO INTERIOR DESIGNERS-27A. Restrictions on unregistered Interior Designers.

No person shall, unless he is an Interior Designer-

(a) practise or carry on business as an Interior Designer;

(b) be entitled to describe himself or hold himself out under any name, style or title-

(i) bearing the words 'Interior Designer' or the equivalent thereto in any language; or

(ii) bearing any other word whatsoever in any language which may reasonably be construed to imply that he is an Interior Designer;

(c) use or display any sign, board, card or other device representing or implying that he is an Interior Designer; or

(d) be entitled to recover in any court any fee, charge, remuneration or other form of consideration for any advice or services rendered as an Interior Designer.

[Ins. by Act A1287: s.20]

27B PART VA SPECIAL PROVISIONS RELATING TO INTERIOR DESIGNERS-27B. Register of Interior Designers.

For the purpose of this Part, there shall be a Register which shall contain the names, addresses and other particulars of Interior Designers.

[Ins. by Act A1287: s.20]

27C PART VA SPECIAL PROVISIONS RELATING TO INTERIOR DESIGNERS-27C. Registration.

(1) Any interior designer may apply for registration under this Part.

(2) Any application for registration shall be made to the Board in such manner as may be determined by the Board and accompanied by the prescribed fee.

(3) The Registrar shall upon receipt of the prescribed fee issue to any person whose application has been approved by the Board a certificate of registration in the prescribed form, expiring on the 31st December of the year in which it is issued.

(4) The registration may, subject to this Act, be renewed annually upon payment of the prescribed fee and upon satisfying such conditions as may be determined by the Board.

[Ins. by Act A1287: s.20]

27D PART VA SPECIAL PROVISIONS RELATING TO INTERIOR DESIGNERS-27D. Qualifications for registration.

(1) Subject to this Act, any person who is a corporate member of the Institut Pereka Bentuk Dalaman Malaysia or the Malaysian Society of Interior Designers or has obtained a qualification which the Board considers to be equivalent thereto shall be entitled on application to be registered as an Interior Designer.

(2) Any person who is registered under subsection 10(2) as a Professional Architect shall be entitled to practise or carry on business as an Interior Designer.

[Ins. by Act A1287: s.20]

27E PART VA SPECIAL PROVISIONS RELATING TO INTERIOR DESIGNERS-27E. Interior Design consultancy practice.

(1) Notwithstanding section 27A, a sole proprietorship, partnership or body corporate may practise as an interior design consultancy practice and recover in any court any fee, charge, remuneration or other form of consideration for any interior design consultancy services rendered by it pursuant to its practice as an interior design consultancy practice carried on by virtue of this section, if it is registered with the Board as an interior design consultancy practice and has been issued with a certificate of registration.

(2) Every application by a sole proprietorship, partnership or body corporate for registration as an interior design consultancy practice shall be made to the Board in the manner to be determined by the Board and shall be accompanied by the prescribed fee.

(3) The Board shall register a sole proprietorship, partnership or body corporate as an interior design consultancy practice, subject to such conditions and restrict

27F PART VA SPECIAL PROVISIONS RELATING TO INTERIOR DESIGNERS-27F. Notification of change of address.

Every Interior Designer shall notify the Registrar of any change in his business address.

[Ins. by Act A1287: s.20]

27G PART VA SPECIAL PROVISIONS RELATING TO INTERIOR DESIGNERS-27G. Cancellation of registration, etc , of Interior Designer.

(1) The Board shall appoint-

(a) a member of the Board to investigate into any misconduct or complaint made against any Interior Designer or interior design consultancy practice; and

(b) a Disciplinary Committee comprising three members of the Board, including a Board Member who is an Interior Designer, not being a person appointed under paragraph (a) , to conduct a hearing of any misconduct or complaint referred to it by the member of the Board appointed under paragraph (a) .

(2) The Disciplinary Committee may order the following penalty or a combination of any of the following:

(a) issuance of a written reprimand to;

(b) the imposition of a fine not exceeding twenty-five thousand ringgit on;

(c) the suspension for a period not exceeding two years of; or

(d) the cancellation of the regist

27H PART VA SPECIAL PROVISIONS RELATING TO INTERIOR DESIGNERS-27H. Removal from Register.

There shall be removed from the Register the name and other particulars of-

(a) any Interior Designer who has died, or interior design consultancy practice which has ceased to practise;

(b) any Interior Designer or interior design consultancy practice who has failed to renew his or its registration within one month of the expiry of the registration;

(c) any Interior Designer whose registration has been cancelled under section 34A or paragraph 27G(2), or interior design consultancy practice whose registration has been cancelled under section 34A or paragraph 27E(5); or

(d) any Interior Designer or interior design consultancy practice who has been registered by reason of any mistake or error made by the Board in considering his or its application for registration.

[Ins. by Act A1287: s.20]

27I PART VA SPECIAL PROVISIONS RELATING TO INTERIOR DESIGNERS-27I. Reinstatement.

(1) Any Interior Designer whose name has been removed from the Register pursuant to an order of the Board or the Disciplinary Committee shall, if his appeal is allowed, be reinstated, and the Registrar shall issue a certificate of registration to him.

(2) Any Interior Designer whose name has been removed from the Register for failure to renew his registration shall be reinstated as soon as may be after he has notified the Registrar, within five years of such removal, of his desire to be reinstated and upon payment of such fees as may be prescribed and upon satisfying such conditions as may be imposed by the Board, and the Registrar shall issue a certificate of registration to him.

(3) Any Interior Designer whose name has been removed from the Register pursuant to an order of the Board or the Disciplinary Committee and who has not appealed against that order or whose appeal has been dismissed may, after the expiration of not less than tw

27J PART VA SPECIAL PROVISIONS RELATING TO INTERIOR DESIGNERS-27J. Certificates to be returned.

Any Interior Designer whose name has been removed from the Register under this Part shall, within fourteen days after notification to him by registered post of the removal, surrender to the Board the certificate of registration issued to him under this Part.

[Ins. by Act A1287: s.20]

28 PART VI GENERAL-28. Appeal.

(1) Except as otherwise provided in this Act-

(a) any person who has been refused registration by the Board; or

(b) any person, sole proprietorship, partnership or body corporate who having been registered has had his or its name removed from the Register,

may within twenty-one days of being notified of the refusal or removal, appeal to the Appeal Board constituted under section 29, and the Appeal Board may thereupon make such orders as it may deem just or proper.

(2) An opportunity of being heard either personally or by counsel shall be given by the Appeal Board to any appellant.

(3) The Board shall give effect to any order made by the Appeal Board forthwith.

29 PART VI GENERAL-29. Appeal Board.

For the purpose of this Part there shall be established an Appeal Board consisting of a Judge of the High Court as a 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.

30 PART VI GENERAL-30. Tenure of office of members of the Appeal Board.

A member of the Appeal Board shall unless he sooner resigns his office or his appointment be revoked hold office for such term as may be specified in the instrument appointing him and shall be eligible for reappointment.

31 PART VI GENERAL-31. Procedure of appeal.

(1) A notice of appeal against an order of the Board or Disciplinary Committee shall be made in writing to the Appeal Board, and a copy of the notice sent to the President of the Board or Chairman of the Disciplinary Committee.

(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, or the Chairman of the Disciplinary Committee 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 or Disciplinary Committee and the statement setting out the grounds on which the Board or Disciplinary Committee arrived at its decision.

(3) Upon receiving the records or summary of the records and the grounds of the decision of the Board or Disciplinary Committee, the Chairman of the Appeal Board shall convene a meeting of the Appeal Board to hear the appeal.

(4) T

32 PART VI GENERAL-32. Procedure of Appeal Board.

The Appeal Board shall at its discretion determine its own procedure.

33 PART VI GENERAL-33. Penalties, obtaining registration by false pretences, etc .

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 any Register kept and maintained under this Act;

(c) forges, alters or counterfeits any certificate of registration under this Act;

(d) utters or 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 Professional Architect, Graduate Architect, Building Draughtsman or Interior Designer;

[Am. by Act A1287: s.3 & 21]

34 PART VI GENERAL-34. General penalty.

(1) Any person, sole proprietorship, partnership or body corporate who contravenes or fails to comply with any of the provisions of this Act or any rules made thereunder shall be guilty of an offence and where no penalty is expressly provided shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or imprisonment for a term not exceeding two years or to both.

[Am. by Act A1287: s.22]

(2) If a sole proprietorship, partnership or body corporate contravenes or fails to comply with any of the provisions of this Act or any rules 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

34A PART VI GENERAL-34A. Failure to comply with orders of the Disciplinary Committee, Board, Appeal Board or Minister.

Notwithstanding subsection 7A(6), 15A(3), 25(3), 27E(6) or 27G(3), where-

(a) a Professional Architect or Graduate Architect refuses or fails to comply with an order of the Disciplinary Committee made under subsection 15A(2), or Appeal Board made under section 28;

(b) an architectural consultancy practice refuses or fails to comply with an order of the Disciplinary Committee made under subsection 7A(5), or Appeal Board made under section 28;

(c) a Building Draughtsman refuses or fails to comply with an order of the Disciplinary Committee made under subsection 25(2) or decision of the Minister made under subsection 25(6);

(d) an Interior Designer refuses or fails to comply with an order of the Disciplinary Committee made under paragraph 27G(2), or Appeal Board made under section 28; or

(e) an interior design consultancy practice refuses or fails to comply w

34B PART VI GENERAL-34B. Power of search and seizure.

(1) An authorized officer shall have the power to investigate the commission of any offence under this Act or any rules made under this Act.

(2) An authorized officer may, for the purpose of carrying out the objectives of this section, at any reasonable time enter, inspect and examine any place of work.

(3) In exercising his powers under subsection (2), an authorized officer may-

(a) examine any book, account, record or other document as may be necessary to ascertain whether or not this Act or any rules made under this Act has been complied with;

(b) direct that the place of work or any part of it, or anything in it, shall be left undisturbed, whether generally or in particular respect, for so long as is reasonably necessary for the purpose of any examination or investigation under this section;

(c) search for and seize any signboard, card, letter, pamphlet, leaflet, notice

34C PART VI GENERAL-34C. List of things seized.

(1) Except as provided in subsection (2), where any signboard, card, letter, pamphlet, leaflet, notice, book, account, record or other device or document is seized from the place of work under section 34B, the authorized officer shall prepare a list of the things seized and immediately deliver a copy of the list signed by him to the occupier of the place which has been searched, or to his agent or servant at that place.

(2) Where the place of work is unoccupied, the authorized officer shall, wherever possible, post a list of the things seized conspicuously at that place.

35 PART VI GENERAL-35. Rules.

The Board may with the approval of the Minister make rules generally as may be necessary or expedient for the purpose of carrying out, or giving effect to, the provisions of this Act and in particular, but without prejudice to the generality of the foregoing, for prescribing anything as is required by this Act to be prescribed or as it may deem necessary.

35A PART VI GENERAL-35A. Authorisation by President.

(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 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 Professional Architect or Graduate Architect, or any sole proprietorship, partnership or body corporate which is not an architectural 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 eight

35B PART VI GENERAL-35B. Notices.

(1) Any notice or document left at, or posted by registered post or prepaid post to, the last known address or principal place of business last appearing in the Register of a Professional Architect, Graduate Architect, Building Draughtsman, Interior Designer, architectural consultancy practice or interior design consultancy practice shall be deemed to have been duly served upon that Professional Architect, Graduate Architect, Building Draughtsman, Interior Designer, architectural consultancy practice or interior design consultancy practice.

(2) Subject to subsection (3), if the Professional Architect, Graduate Architect, Building Draughtsman, Interior Designer, architectural consultancy practice or interior design consultancy practice fails to reply to the notice or document which has been duly served upon him or it in accordance with subsection (1) for at least three times, the Disciplinary Committee or Board shall take action against that Pro

35C PART VI GENERAL-35C. Indemnity.

(1) No action or proceeding shall be instituted or maintained in any court against the Board, Appeal Board, Disciplinary Committee or council appointed by the Board, any members of the Board, Appeal Board, Disciplinary Committee or council, any person appointed or authorized by the Board, or any other 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 rules 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.

35D PART VI GENERAL-35D. Appointment of advocate and solicitor.

The Board may appoint an advocate and solicitor to institute and conduct proceedings on its behalf.

36 PART VI GENERAL-36. Landscape and Naval Architects.

This Act shall not apply to

37 PART VI GENERAL-37. Vesting of property, etc .

All property movable or immovable which immediately before the appointed date was vested in or held by the Board of Architects constituted under the Architects Ordinance 1951, shall on the appointed date and without any conveyance, assignment or transfer whatever vest in or pass to the Board established and constituted under section 3 for the like title, estate or interest and on the like tenure and for the like purposes as the same was vested or held immediately before the appointed date.

38 PART VI GENERAL-38. Repeal.

The Architects Ordinance 1951 is repealed.

39 PART VI GENERAL-39. Saving as to right of Government.

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.