1 PART I PRELIMINARY-1. Short title.

(1) This Act may be cited as the Registration of Engineers Act 1967 .

(2) (Omitted) .

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

2 PART I PRELIMINARY-2. Interpretation.

In this Act unless the context otherwise requires-

  "Accredited Checker"  means a person registered under section 10B;

[Ins. by Act A1158: s.3]

  "appointed date"  means the date appointed for the commencement of this Act;

  "Architect"  has the same meaning assigned to it in the Architects Act 1967 [Act 117] ;

["Architect" - Ins. by Act A1479 of the year 2015]

  "architectural consultancy practice"  has the meaning assigned to it in the Architects Act 1967 [Act 117] ;

[Ins. by Act A1158: s.3]

"Board" means the Board of Engineers established by subsection 3(1);

"body corporate practising

3 PART II BOARD OF ENGINEERS-3. Establishment of Board of Engineers.

(1) For the purposes of this Act there is hereby established a board to be called "Board of Engineers" which shall be a body corporate with the 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 to be appointed by the Minister:

[Am. by Act A1158: s.4]

(a) a President who shall be a Professional Engineer or a Professional Engineer with Practising Certificate;

[Am. by Act A1479 of the year 2015]

(b) not more than fourteen members who shall be Professional Engineers and Professional Engineers with Practising Certificates, five of whom shall be from a nomination list submitted by the Council of the Institution of Engineers (Malaysia);

[Am. by Act A1479 of the year 2015]

(c) one

4 PART II BOARD OF ENGINEERS-4. Functions of the Board.

(1) The functions of the Board shall be-

(a) to keep and maintain the Register;

(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;

[Am. by Act A1158: s.5]

(c) to order the issuance of a written warning or reprimand, the imposition of a fine, suspension, cancellation, removal or reinstatement in accordance with Parts III and IV;

[Am. by Act A1158: s.5]

(d) to fix from time to time with the approval of the Minister the scale of fees to be charged by registered Persons and Engineering consultancy practices for professional engineering services;

[(d) Am. by Act A1479 of the year 2015]

(e) to hear and determine disputes relating to professional

5 PART III REGISTRATION OF ENGINEERS, ENGINEERING TECHNOLOGISTS AND INSPECTORS OF WORKS-5. Register.

(1) The Register shall contain the following:

(a) Part A - which shall contain the names, addresses and other particulars of Professional Engineers;

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

(c) [Deleted by Act A1479 of the year 2015]

(d) Part D - which shall contain the names, addresses and other particulars of Engineering consultancy practices;

[(d) Am. by Act A1479 of the year 2015]

(e) Part E - which shall contain the names, addresses and other particulars of Accredited Checkers;

[(e) Am. by Act A1479 of the year 2015]

(f) Part F - which shall contain the names, addresses and other particulars of Professional Engineers with Practising Certificates;

(g) Part G - which shall contain the names, addresses

6 PART III REGISTRATION OF ENGINEERS, ENGINEERING TECHNOLOGISTS AND INSPECTORS OF WORKS-6. Appointment and duties of Registrar.

(1) The Minister may appoint a Registrar of Engineers who shall be under the general direction of the Board and who shall sign all certificates of registration and their renewal, and orders of the Board, or Disciplinary Committee and records all entries of registration, suspension, cancellation, removal and reinstatement in the Register.

[Am. by Act A1158: s.7; Act A1288: s.5]

(2) The Registrar shall publish in either the Gazette or at least two national newspapers, in the national language and the English language, or by any other media including electronic media as the Board may deem fit, the name,registration number and other particulars of-

[(2) Am. by Act A1479 of the year 2015]

(a) a registered Person whose registration has been-

[(2)(a) Am. Act A1479 of the year 2015]

(i) by an order of the Disci

7 PART III REGISTRATION OF ENGINEERS, ENGINEERING TECHNOLOGISTS AND INSPECTORS OF WORKS-7. Restrictions on unregistered persons, Graduate Engineers, etc .

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

[Am. by Act A1158: s.7]

(a) take up employment which requires him to carry out or perform professional engineering services;

[(1)(a) Am. by Act A1479 of the year 2015]

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

[Am. by Act A1158: s.7]

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

[Am. by Act A1158: s.7]

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

[Am. by Act A1158: s.7]

(iii) using the abbreviation "Ir." before his name or the abbreviation "P.Eng." after his name or in any w

7A PART III REGISTRATION OF ENGINEERS, ENGINEERING TECHNOLOGISTS AND INSPECTORS OF WORKS-7A. Engineering consultancy practice.

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

[(1) Am. by Act A1479 of the year 2015]

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

[Am. by Act A1158: s.9]

(3) The Board shall register a sole proprietorship, par

7B PART III REGISTRATION OF ENGINEERS, ENGINEERING TECHNOLOGISTS AND INSPECTORS OF WORKS-7B. A body corporate providing a combination of services comprising professional engineering services, architectural consultancy services, quantity surveying services.

(1) Where a body corporate carries on a practice of providing a combination of services comprising professional engineering services, architectural consultancy services, 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 professional engineering services.

[(1) Am. by Act A1479 of the year 2015]

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

(a) it has a board of directors who shall be subject to such conditions and qualifications as may be prescribed by the Board;

[(2)(a) Subs. by Act A1479 of the year 2015]

(b) its shareholdings shall be as may be prescribed by the Board;

[(2)(b) Subs. by Act A1479 of the year 2015]

8 PART III REGISTRATION OF ENGINEERS, ENGINEERING TECHNOLOGISTS AND INSPECTORS OF WORKS-8. Only Professional Engineer with Practising Certificate and Engineering consultancy practice may submit plan, drawing, etc .

(1) Except as otherwise provided under any other written law, no person or body, other than a Professional Engineer with Practising Certificate who is residing and practising in Malaysia or an Engineering consultancy practice providing professional engineering services in Malaysia, shall be entitled to submit plans, engineering surveys, drawings, schemes, proposals, reports, designs or studies to any person or authority in Malaysia.

[(1) Am. by Act A1479 of the year 2015]

(2) The right of a Professional Engineer with Practising Certificate or Engineering consultancy practice to submit plans, engineering surveys, drawings, schemes, proposals, reports, designs or studies to any person or authority in Malaysia is subject to any conditions or restrictions imposed by the Board under section 7B, subsection 7A(3), or paragraph 4(1) (b) , and is restricted to the right to submit such documents only in relation to t

8A PART III REGISTRATION OF ENGINEERS, ENGINEERING TECHNOLOGISTS AND INSPECTORS OF WORKS-8A. Plan or drawing which a Professional Engineer may submit.

(1) A Professional Engineer may submit plans or drawings to any person or authority in Malaysia where such plans or drawings are in relation to an equipment, a plant or a specialised product invented or sold by him or his employer.

(2) The employer referred to in subsection (1) shall not include a client.

[Ins. by Act A1479 of the year 2015]

9 PART III REGISTRATION OF ENGINEERS, ENGINEERING TECHNOLOGISTS AND INSPECTORS OF WORKS-9. [Deleted by Act A1479 of the year 2015] .

10 PART III REGISTRATION OF ENGINEERS, ENGINEERING TECHNOLOGISTS AND INSPECTORS OF WORKS-10. Qualifications for registration.

(1) (a) Subject to this Act, a person who holds-

(i) the qualifications required for Graduate Membership of the Institution of Engineers (Malaysia) and which are recognized by the Board; or

(ii) any qualification in engineering which is recognized by the Board,

shall be entitled on application to be registered as a Graduate Engineer.

[Subs. by Act A1158: s.13]

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

[(b) Am. by Act A1479 of the year 2015]

(2) Subject to this Act, the following persons shall be entitled on application to

10A PART III REGISTRATION OF ENGINEERS, ENGINEERING TECHNOLOGISTS AND INSPECTORS OF WORKS-10A. [Deleted by Act A1479 of the year 2015] .

10B PART III REGISTRATION OF ENGINEERS, ENGINEERING TECHNOLOGISTS AND INSPECTORS OF WORKS-10B. Registration of Accredited Checker.

(1)The Board may register a person as an Accredited Checker if-

(a) he is a Professional Engineer with Practising Certificate registered in the relevant branch of engineering approved by the Board;

[(a) Am. by Act A1479 of the year 2015]

(b) he has at least 10 years relevant practical experience in the design and construction of buildings as defined in the Street, Drainage and Building Act 1974 [Act 133] ; and

(c) he satisfies the Board that by virtue of his ability, standing in the profession, special knowledge or practical experience, he is qualified to be registered under this Act.

(2) No person shall, unless he is an Accredited Checker, perform the functions or duties as may be prescribed under this Act.

[Ins. by Act A1158: s.15]

10C PART III REGISTRATION OF ENGINEERS, ENGINEERING TECHNOLOGISTS AND INSPECTORS OF WORKS-10C. Registration of Engineering Technologist.

(1) A person who holds any qualification which is recognized by the Board shall be entitled on application to be registered as an Engineering Technologist.

(2) A person who is registered as an Engineering Technologist under subsection (1) shall be entitled on application to be registered as a Graduate Engineer upon fulfilling the requirements under subsection 10(1).

[Ins. by Act A1479 of the year 2015]

10D PART III REGISTRATION OF ENGINEERS, ENGINEERING TECHNOLOGISTS AND INSPECTORS OF WORKS-10D. Registration of Professional Engineer with Practising Certificate.

A person shall be entitled on application to be registered as a Professional Engineer with Practising Certificate if-

(a) the person is a registered Professional Engineer;

(b) the person has passed a professional competency examination conducted by the Board; and

(c) the person has complied with the requirements as determined by the Board.

[Ins. by Act A1479 of the year 2015]

10E PART III REGISTRATION OF ENGINEERS, ENGINEERING TECHNOLOGISTS AND INSPECTORS OF WORKS-10E. Registration of Inspector of Works.

A person who holds any qualification which is recognized by the Board shall be entitled on application to be registered as an Inspector of Works.

[Ins. by Act A1479 of the year 2015]

11 PART III REGISTRATION OF ENGINEERS, ENGINEERING TECHNOLOGISTS AND INSPECTORS OF WORKS-11. [Deleted by Act A132: s.9] .

12 PART III REGISTRATION OF ENGINEERS, ENGINEERING TECHNOLOGISTS AND INSPECTORS OF WORKS-12. Application for registration.

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

[Am. by Act A1158: s.16]

13 PART III REGISTRATION OF ENGINEERS, ENGINEERING TECHNOLOGISTS AND INSPECTORS OF WORKS-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.

[Subs. by Act A132: s.10; Am. by Act A1158: s.13]

(2) Every certificate of registration, except the certificate of registration issued to a Graduate Engineer and Engineering Technologist, shall, subject to this Act, expire on the 31st day of December of the year in which it is issued and may be renewed annually upon payment of the prescribed fee and upon satisfying such conditions as may be determined by the Board.

[(2) Am. by Act A1479 of the year 2015]

(3) A certificate of registration-

(a) issued to an Inspector of Works shall expire on the 31 December of the third year from the date the certifica

14 PART III REGISTRATION OF ENGINEERS, ENGINEERING TECHNOLOGISTS AND INSPECTORS OF WORKS-14. Notification of change of address.

Every registered Person and Engineering consultancy practice shall notify the Registrar of any change in his or its business address within three months of the change.

[Am. by Act A1479 of the year 2015]

14A PART IIIA DISCIPLINARY COMMITTEE-14A. Disciplinary Committee.

(1) The Board shall appoint a Disciplinary Committee which shall consist of the following members:

(a) a Chairman who shall be a registered Professional Engineer with Practising Certificate;

(b) a registered Professional Engineer; and

(c) a registered Professional Engineer with Practising Certificate.

(2) The members of the Disciplinary Committee shall have been registered as Professional Engineers for a period of not less than seven years prior to their appointment to the

[Subs. by Act A1479 of the year 2015]

14B PART IIIA DISCIPLINARY COMMITTEE-14B. Powers of Disciplinary Committee.

The Disciplinary Committee-

(a) shall conduct hearings of any misconduct or complaint against any registered Person referred to it by the Investigating Committee;

(b) may make any or any combination of the orders specified in section 15 against a registered Person under such circumstances as set out in that section.

[Am. by Act A1479 of the year 2015]

14C PART IIIA DISCIPLINARY COMMITTEE-14C. Proceedings of the Disciplinary Committee.

(1) Where a member of the Board has been appointed as a member of the Disciplinary Committee in pursuance of section 14A to conduct a hearing of any misconduct or complaint against a registered Person, that member of the Disciplinary Committee shall not sit as a member of the Board when the Board conducts a hearing or makes an order under subsection 7A(5) against an Engineering consultancy practice of which the registered Person is its sole proprietor, partner, director, shareholder or employee.

[(1) Am. by Act A1479 of the year 2015]

(2) Subject to the provisions of this Act, the Disciplinary Committee may regulate its own procedures in such manner as it deems fit.

15 PART IV CANCELLATION, REMOVAL, REINSTATEMENT, ETC-15. Cancellation of registration, etc .

(1)The Disciplinary Committee may make any or any combination of the orders specified in paragraphs (a) to (d) of subsection (1A) against a registered Person under any of the following circumstances:

[(1) Am. by Act A1479 of the year 2015]

(a) if he is convicted of any offence, including offences involving false or negligent certification, fraud, dishonesty or moral turpitude in Malaysia or elsewhere;

[Am. by Act A1288: s.10]

(b) if he offers or accepts any commission which in the opinion of the Disciplinary Committee is an illicit commission;

[Am. by Act A1288: s.10]

(c) if whilst acting in his professional capacity, he at the same time without disclosing the fact in writing to his client, is a sole proprietor, partner, director or member of or substantial shareholder in or agent

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 registered Person who has died,or Engineering consultancy practice which has ceased to practise;

(b) any registered Person, other than a Graduate Engineer, Engineering Technologist or Engineering consultancy practice who has failed to renew his or its registration within one month of the expiry of the registration;

[(b) Am. by Act A1479 of the year 2015]

(c) any registered Person whose registration has been cancelled under paragraph 15(1A) (d) or Engineering consultancy practice whose registration has been cancelled under subsection 7B(3) or paragraph 7A(5) (dd) ;or

(d) any registered Person or Engineering consultancy practice whose registration has been effected by reason of any mistake or error made by the Board in considering his or its appli

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

(1) Any registered Person or Engineering consultancy practice whose name has been removed from the Register pursuant to an order of the Disciplinary Committee or Board under subsection 15(1A) or 7A(5), respectively shall, if his or its appeal is allowed, forthwith be reinstated and the Registrar shall issue a certificate of registration to him or it.

[Am. by Act A1158: s.22; Act A1288: s.11]

(2) Any registered Person,other than a Graduate Engineer, Engineering Technologist or Engineering consultancy practice whose name has been removed from the Register for failure to renew his or its registration for a period of not more than three years shall be reinstated as soon as may be after he or it has notified the Registrar of his or its desire to be reinstated and upon payment of such fees as may be prescribed, and satisfying such conditions as may be determined by the Board and the Registrar shall issue a certificate o

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

Any registered Person or Engineering 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 A1479 of the year 2015]

19 PART V GENERAL-19. Appeal.

(1) Any person, sole proprietorship, partnership or body corporate-

[Am. by Act A1158: s.24]

(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 10D, or paragraph 4(1) (b) ; or

[(1)(b) Am. by Act A1479 of the year 2015]

(c) who having been registered has had his or its name removed from the Register pursuant to an order made by the Disciplinary Committee or Board under subsection 15(1A) or 7A(5), respectively;

[Am. by Act A1158: s.24; Act A1288: s.12]

(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;

20 PART V GENERAL-20. Appeal Board.

For the purposes 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.

21 PART V GENERAL-21. 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 is revoked hold office for such term as may be specified in the instrument appointing and shall be eligible for reappointment.

22 PART V GENERAL-22. Procedure of appeal.

(1) A notice of appeal against an order of the Board or Disciplinary Committee 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 or Chairman of the Disciplinary Committee.

[Am. by Act A1158: s.25; Act A1288: s.13]

(2) On receipt of a copy of the notice of appeal, the President of the Board or the Chairman of the Disciplinary Committee or in the absence of the President or the Chairman, the member so delegated by the President or the Chairman, 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 the Disciplinary Committee and a statement setting out the grounds on which the Board or the Disciplinary Committee arrived at its decision.

[Subs. by Act A1288: s.13]

(3) Upon receiving the records or summary of the

23 PART V GENERAL-23. Procedure of Appeal Board.

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

24 PART V GENERAL-24. Penalties for obtaining registration by false pretences, etc .

Any person, sole proprietorship, partnership or body corporate who-

[Am. by Act A1158: s.26]

(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 produce any false or fraudulent declaration, certificate, application or representation whether in writing or otherwise;

(b) wilfully makes or cause 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;

[Am. by Act A1158: s.26]

(e) impersonates a registered Person;

[(e) Am. by Act A1479 of the year 2015

24A PART V GENERAL-24A. Restriction on employment of unregistered person to provide professional engineering services.

(1) No person shall employ a person, sole proprietorship, partnership or body corporate, other than a Professional Engineer with Practising Certificate or Engineering consultancy practice, to perform professional engineering services.

[Am. by Act A1479 of the year 2015]

(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.

[Ins. by Act A662: s.16]

24B PART V GENERAL-24B. Investigating Committee and its powers.

(1) For the purposes of subsection 15(3), the Board shall appoint an Investigating Committee which shall consist of the following members:

(a) a Chairman who shall be a registered Professional Engineer with Practising Certificate; and

(b) two other members, one of whom shall be a Professional Engineer with Practising Certificate.

[(1) Subs. by Act A1479 of the year 2015]

(2) Where a member 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) in respect of the Engineering consultancy practice which has been examined by the Investigating Committee of which he is a member.

[Am. by Act A1288: s.15]

(2A) Where the Investigating Committee has conducted an investigation against a registered Person, the m

25 PART V GENERAL-25. General penalty.

(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 ten thousand ringgit or to imprisonment for a term not exceeding one year, or to both.

[Am. by Act A1158: s.29; Act A1288: s.16]

(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.

26 PART V GENERAL-26. Regulations.

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.

26A PART V GENERAL-26A. Authorization 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 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 Person 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.

[(1) Am. by Act A1479 of the year 2015]

(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

27 PART V GENERAL-27. 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.

28 PART V GENERAL-28. Indemnity.

(1) No action or proceeding shall be instituted or maintained in any court against the Board, Disciplinary Committee, Appeal Board, Investigating Committee or any committee appointed by the Board, any members of the Board, Disciplinary Committee, 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.

[Am. by Act A1288: s.17]

(2)This section does not apply to powers conferred under subsection 4(2) or any power to enter into contracts exercised by the Board.

[Ins. by Act A1158: s.31]

29 PART V GENERAL-29. Appointment of advocate and solicitor.

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

[Ins. by Act A1158: s.31]