"body corporate practising as consulting Quantity Surveyors"  (Deleted)

[Deleted by Act A1157 - Prior text read - ""body corporate practising as consulting Quantity Surveyors" means a body corporate incorporated under the Companies Act 1965 which has been approved by the Board to practise as consulting Quantity Surveyors under this Act;"]

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

[Ins. Act A1157]

  "authorised officer"  means an officer authorised by the Board under section 4 (ff) ;

[Ins. Act A1157]

  "firm or body corporate practising as consulting Quan

3 PART II-3. Establishment of Board of Quantity Surveyors.

(1) For the purposes of this Act there is hereby established a board to be called "the Board of Quantity Surveyors" (hereinafter referred to as "the Board") 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-

[Am. Act A1157 - Prior text read - "(2) The Board shall consist of the following members appointed by the Minister-"]

(a) a President appointed from among registered Quantity Surveyors;

(b) five members being registered Quantity Surveyors holding office in the public service of Malaysia;

[Am. Act A1157 - Prior text read - "(b) five members being registered Quantity Surveyors holding office as such in the public service of Malaysia;"]

(c) (<

4 PART II-4. Functions of the Board.

The functions of the Board shall be-

(a) to keep and maintain a Register of Quantity Surveyors;

(b) to approve or reject applications for registration or approval to practise under this Act or to approve any such application subject to such conditions or restrictions as it may deem fit to impose;

[Am. Act A1157 - Prior text read - "(b) to approve or reject applications for registration under this Act or to approve any such application subject to such restrictions as it may deem fit to impose;"]

(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. Act A1157 - Prior text read - "(c) to order cancellation, removal or reinstatement in accordance with Part IV;"]

(d) to fix from time to time w

4A PART II-4A. Power of the Board to purchase or lease land, etc.

The Board shall have 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) from time to time to borrow or raise money by bank overdraft or otherwise for the purposes specified in paragraph (a) ; and

(c) to lease out, dispose of, or otherwise deal in any immovable property of the Board.

5 PART III-5. Register.

The Register of Quantity Surveyors shall be in four Parts, that is to say-

[Am. Act A1157 - Prior text read - "The Register of Quantity Surveyors shall be in three Parts, that is to say-"]

(a) Part A227 which shall contain the names, registration numbers, addresses and other particulars of registered Quantity Surveyors, together with particulars of any conditions or restrictions imposed by the Board under section 4 (b) ;

[Am. Act A1157 - Prior text read - "(a) Part A227 which shall contain the names, registration numbers, addresses and other particulars of registered Quantity Surveyors, together with particulars of any restrictions imposed by the Board under section 4(b);"]

(b) Part B227 which shall contain the names, registration numbers, addresses and other particulars of registered graduate Quantity Surveyors together with particulars

6 PART III-6. Appointment and duties of Registrar.

(1) The Minister shall appoint a Registrar of Quantity Surveyors (hereinafter referred to as "the Registrar") who shall be under the general direction of the Board and who shall sign all certificates of registration, permits to practise and their renewals, and orders of the Board, and record all entries of registration, suspension, cancellation, removal and reinstatement in the Register.

[Am. Act A1157 - Prior text read - "(1) The Minister shall appoint a Registrar of Quantity Surveyors (hereinafter referred to as "the Registrar") who shall be under the general direction of the Board and who shall sign all certificates of registration and permits to practise as consulting Quantity Surveyors, and record all entries of registration, cancellation and reinstatement in the Register."]

(2) The Registrar shall publish in at least two national newspapers, in the national language and the English language, and may, if he t

7 PART III-7. Restrictions on unregistered persons, registered graduate and temporary registered Quantity surveyors.

(1) No person shall unless he is a registered Quantity Surveyor-

(a) practise or carry on business or take up employment as a Quantity Surveyor under any name, style or title containing the words 'Quantity Surveyors', 'Building Economist', 'Building Cost Consultant' 'Project Cost Consultant' or the equivalent thereto in any other language or bearing any other word whatsoever in any language which may reasonably be construed to imply that he is a registered Quantity Surveyor;

[Am. Act A1157 - Prior text read - "(a) practise or carry on business or take up employment as a Quantity Surveyor under any name, style or title containing the words 'Quantity Surveyors', 'Building Economist', 'Building Cost Consultant' or the equivalent thereto in any other language or bearing any other word whatsoever in any language which may reasonably be construed to imply that he is a registered Quantity Surveyor;"]

7A PART III-7A. Quantity surveying practice by firms or bodies corporate.

(1) Notwithstanding section 7(1), a firm or a body corporate, may practise as consulting Quantity Surveyors and recover in any Court any fee, charge, remuneration or other form of consideration for any professional advice or services rendered by it pursuant to its practice as such, if it has the written approval of the Board, and has been issued with a valid permit to practise.

[Am. Act A1157 - Prior text read - "(1) Notwithstanding section 7(1), a firm, whether a sole proprietorship or a partnership, or a body corporate, may practise as consulting Quantity Surveyors and recover in any Court any fee, charge or remuneration for any professional advice or services rendered by it pursuant to its practice as such, if it has the written approval of the Board, and has been issued with a valid permit, to so practise."]

(2) Every application by a firm or a body corporate for approval to practise as consulting Quantity Sur

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

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

(2) The body corporate that applies for approval to practise under subsection (1) must be incorporated under the Companies Act 1965 and—

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

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

(i) the registered Quantity Surveyors, Professional Engineers, Professional Architects, bodies corporate practising

8 PART III-8. Only registered Quantity Surveyors and firms or bodies corporate practising as consulting Quantity Surveyors may prepare preliminary estimates, cost plans, bills of quantities, etc.

(1) Except as otherwise provided in subsection (2) or any other written law, no person or body, other than a registered Quantity Surveyor who is residing and practising in Malaysia or firm or body corporate practising as consulting Quantity Surveyors in Malaysia, shall be entitled to—

(a) prepare and submit to any person, organisation or authority in Malaysia, for construction projects, any feasibility study reports, preliminary estimates, cost plans, documents and reports for pre-qualification of contractors, bills of quantities and other tender documents, tender estimates and reports, contract documents, and valuations of works for interim payments, variation and final accounts; and

(b) provide professional services such as project cost management, value management, risk management, facilities management, project management, construction management, construction claims management, dispute resolutio

9 PART III-9. Registered Quantity Surveyors, etc , subject to this Act.

Every registered , registered graduate and temporary registered Quantity Surveyor, and firm or body corporate practising as consulting Quantity Surveyors shall be subject to this Act and rules made thereunder.

[Am. Act A1157 - Prior text read - "Every registered Quantity Surveyor and provisionally Registered Surveyor shall be subject to this Act and rules made thereunder."]

10 PART III-10. Qualifications for registration.

(1) (a) Subject to this Act, any person who holds the qualification required for Membership of the Institution of Surveyors (Malaysia) or such other a qualification in quantity surveying which is recognised by the Board shall be entitled on application to be registered as a registered graduate Quantity Surveyor.

[Am. Act A1157 - Prior text read - "(1)(a) Subject to this Act, any person who holds the qualification required for Membership of the Institution of Surveyors (Malaysia) or such other qualification as the Board considers to be equivalent thereto, shall be entitled on application to be provisionally registered as a Quantity Surveyor."]

(b) Subject to this Act, a person who is registered under paragraph (a) shall be required to obtain such practical experience as may be prescribed by the Board after consultation with the Minister in order to be entitled to apply for r

10A PART III-10A. Temporary registered Quantity Surveyors.

(1) A foreign quantity surveyor may apply to the Board to be registered as a temporary registered Quantity Surveyor in such manner as may be prescribed by the Board.

(2) A foreign quantity surveyor may be considered for registration as a temporary registered Quantity Surveyor if he satisfies the Board that—

(a) he possesses the qualification that is recognised by the Board to be registered as a registered graduate Quantity Surveyor; 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 any one calendar year, or he is a resident representative of the foreign component of a joint-venture.

(3) The Board may approve the registration of a foreign quantity surveyor as a temporary registered Quantity Surveyor—

(a) for such period not exceeding two calend

11 PART III-11. (Repealed).

12 PART III-12. Application for registration.

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

13 PART III-13. Certificate of registration.

(1) The Registrar shall upon receipt of the prescribed fee issue to every person whose application has been approved by the Board a certificate of registration in the prescribed form.

[Am. Act A1157 - Prior text read - "(1) The Registrar shall upon receipt of the prescribed fee issue to every applicant whose application has been approved by the Board a certificate of registration in the prescribed form."]

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

[Am. Act A1157 - Prior text read - "(2) Every such certificate of registration shall, subject to this Act, expire on the 31st day of December of the year in which it is issued and shall thereafter be rene

14 PART III-14. Notification of change of address.

Every registered, registered graduate or temporary registered Quantity Surveyor or firm or body corporate practising as consulting Quantity Surveyors shall notify the Registrar of any change in his or its business address.

[Am. Act A1157 - Prior text read - "Every registered Quantity Surveyor shall notify the Registrar of any change in his business address."]

15 PART IV-15. Cancellation of registration, etc .

(1) The Board may make any or any combination of the orders specified in paragraphs (a) to (d) of subsection (1 A ) against a registered, registered graduate or temporary registered Quantity Surveyor under any of the following circumstances:

[Subs. Act A1157 - Prior text read - "(1) Subject to this section the Board may order the suspension or cancellation of the registration of any Quantity Surveyor under any of the following circumstances-"]

(a) if he is convicted of any offence involving fraud or dishonesty or moral turpitude in Malaysia or elsewhere; or

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

(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 su

16 PART IV-16. Removal from Register.

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

(a) any registered, registered graduate or temporary registered Quantity Surveyor who has died, or firm or body corporate practising as consulting Quantity Surveyors which has ceased to practise;

(b) any registered, registered graduate or temporary registered Quantity Surveyor who has failed to renew his registration, or firm or body corporate practising as consulting Quantity Surveyors which has failed to apply for a renewal of its approval to practise, within one month of the expiry of the registration or approval to practise, respectively;

(c) any registered, registered graduate or temporary registered Quantity Surveyor whose registration has been cancelled under section 15(1A) (d) or 25A , or firm or body corporate practising as consulting Quantity Surveyors whose permit to practise has been canc

17 PART IV-17. Reinstatement.

(1) Any registered, registered graduate or temporary registered Quantity Surveyor or firm or body corporate practising as consulting Quantity Surveyors whose name has been removed from the Register pursuant to an order of the Board under section 7A(5) or 15(1A), shall, if his or its appeal is allowed, forthwith be reinstated; and the fact of such reinstatement shall be published in the Gazette within thirty days of the reinstatement.

[Subs. Act A1157 - Prior text read - "(1) Any person whose name has been removed from the Register pursuant to an order of the Board under section 15, shall, if his appeal is allowed, forthwith be reinstated; and the fact of such reinstatement shall be published in the Gazette within thirty days of the reinstatement."]

(2) Any registered, registered graduate or temporary registered Quantity Surveyor or firm or body corporate practising as consulting Quantity Surveyor

18 PART IV-18. Certificates or permits to be returned.

Any registered, registered graduate or temporary registered Quantity Surveyor or firm or body corporate practising as consulting Quantity Surveyors whose name is removed from the Register shall within fourteen days after notification to such person, firm or body corporate by registered post of the removal, surrender to the Board the certificate of registration or permit to practise issued to such person, firm or body corporate under this Act.

[Subs. Act A1157 - Prior text read - "Any person whose name is removed from the Register shall within fourteen days after notification to such person by registered post of the removal, surrender to the Board the certificate of registration issued to such person under this Act."]

19 PART V-19. Appeal.

(1) Any, firm or body corporate-

[Subs. Act A1157 - Prior text read - "(1) Any person-"]

(a) who has been refused registration or approval to practise by the Board; or

[Subs. Act A1157 - Prior text read - "(a) who has been refused registration by the Board; or"]

(b) who has been registered or approved to practise but is dissatisfied with any conditions or restrictions imposed by the Board under section 4 (b) , 7A(3), 7B(1) or 10A(3); or

[Subs. Act A1157 - Prior text read - "(b) who has been registered but is dissatisfied with any restrictions imposed by the Board under section 4 (b) ; or"]

(c) who having been registered or approved to practise has had his or its name removed from the Register pursuant to an order made by the Board under section 7A(5) or 15(1A);

20 PART V-20. Appeal Board.

For the purpose of this Part there shall be established an Appeal Board consisting of a person qualified for appointment as a Judge of the High Court as a Chairman who shall be appointed by the Yang di-Pertuan Agong (after the consultation with the Lord President) and two other persons appointed by the Yang di-Pertuan Agong.

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

22 PART V-22. Procedure of appeal.

(1) A notice of appeal against an order of the Board 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.

[Subs. Act A1157 - Prior text read - "(1) A notice of appeal against an order of the Board referred to in section 19 shall be made in writing."]

(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 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 and the statement setting out the grounds on which the Board arrived at its decision.

[Subs. Act A1157 - Prior text read - "(2) On receipt 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 s

23 PART V-23. Procedure of Appeal Board.

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

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

Any person, firm or body corporate who-

[Subs. Act A1157 - Prior text read - "Any person who-"]

(a) procures or attempts to procure registration or approval, or a certificate of registration or a permit to practise under this Act by knowingly making or producing or causing to be made or produced any false or fraudulent declaration, certificate, permit, application or representation whether in writing or otherwise;

[Subs. Act A1157 - Prior text read - "(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 the Register;

(c) forges, alters or counterf

24A PART V-24A. Restriction of employment of unregistered persons as Quantity Surveyors.

No person shall employ as a Quantity Surveyor any person who is not registered under this Act.

24B PART V-24B. Restriction on employment of firm or body corporate as consulting Quantity Surveyors.

No person shall employ as a consulting Quantity Surveyor any firm or body corporate unless it is approved by the Board to practise as consulting Quantity Surveyors.

[Ins. Act A1157]

24C PART V-24C. Investigating Committee.

(1) For the purposes of sections 7A(6), 15(2) and 15(3), the Board shall appoint an Investigating Committee consisting of—

(a) a Chairman who shall be a registered Quantity Surveyor;

(b) two registered Quantity Surveyors who are not members of the Board; and

(c) one other person where deemed necessary,

to conduct an investigation.

(2) Where the Chairman 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 section 7A(5) or 15(1A) in respect of the registered, registered graduate or temporary registered Quantity Surveyor who has, or firm or body corporate practising as consulting Quantity Surveyors which has, been examined by the Investigating Committee of which he is the Chairman.

(3) Upon completion of its investigation, the Investigating Commi

24D PART V-24D. Procedure for hearing and investigation.

(1) The Board or Investigating Committee may, for the purpose of a hearing or investigation—

(a) require any person, including a sole proprietor, partner, director, manager or secretary, to attend before it and give evidence on oath or affirmation, and the President of the Board or Chairman of the Investigating Committee presiding at the hearing or investigation may administer the oath; and

(b) require such person to produce any book, document or paper relating to the subject matter of the hearing or investigation which is in the custody of that person or under his control.

(2) A person, including a sole proprietor, partner, director, manager or secretary, shall, unless with reasonable excuse—

(a) attend and give evidence when required to do so by the Board or Investigating Committee;

(b) answer truthfully and fully any questi

25 PART V-25. General penalty.

(1) Any person, firm or body corporate who contravenes or fails to comply with any of the provisions of this Act is guilty of an offence and, where no penalty is expressly provided therefor, is liable on conviction to a fine not exceeding two thousand ringgit.

[Subs. Act A1157 - Prior text read - "(1) Any person who contravenes or fails to comply with any of the provisions of this Act is guilty of an offence and, where no penalty is expressly provided therefor, is liable on conviction to a fine not exceeding two thousand ringgit."]

(2) If a firm or a 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 firm or the body corporate is guilty of and liable to, unless he proves that t

25A PART V-25A. Failure to comply with orders of the Board or Appeal Board.

Notwithstanding section 7A(6) or 15(2), where a registered, registered graduate or temporary registered Quantity Surveyor, or firm or body corporate practising as consulting Quantity Surveyors refuses or fails to comply with an order of the Board made under section 7A(5) or 15(1A), or Appeal Board made under section 19, the Board shall immediately cancel his certificate of registration or its permit to practise, respectively.

[Ins. Act A1157]

25B PART V-25B. Power of search and seizure.

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

(2) An authorised 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 authorised 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 or

25C PART V-25C. 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 25B , the authorised 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 authorised officer shall, wherever possible, post a list of the things seized conspicuously at that place.

[Ins. Act A1157]

26 PART V-26. Rules.

The Board may with the approval of the Minister make rules to prescribe anything which may be prescribed or 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-26A. 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 authorise any person who is not a registered Quantity Surveyor, or any firm or body corporate which is not practising as consulting Quantity Surveyors, to do any act or thing that the person, firm or body corporate would, but for the authorisation, be prohibited, or not be entitled, to do, and may at any time, without assigning any reason therefor, withdraw the authorisation by notice served on the person, firm or body corporate.

[Subs. Act A1157 - Prior text read - "(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 fi

26B PART V-26B. 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 registered, registered graduate or temporary registered Quantity Surveyor or firm or body corporate practising as consulting Quantity Surveyors shall be deemed to have been duly served upon that registered, registered graduate or temporary registered Quantity Surveyor or firm or body corporate practising as consulting Quantity Surveyors.

(2) Subject to subsection (3), if the registered, registered graduate or temporary registered Quantity Surveyor or firm or body corporate practising as consulting Quantity Surveyors 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 Board shall take action against that registered, registered graduate or temporary registered Quantity Surveyor or

27 PART V-27. Building and Mining Surveyors excluded.

This Act shall not apply to Building Surveyors and Mining Surveyors.

[Subs. Act A1157 - Prior text read - "This Act shall not apply to Land Surveyors, Building Surveyors, Valuers, Appraisers, Estate Agents and Mining Surveyors."]

28 PART V-28. Saving as to right to Government.

Nothing in this Act contained shall apply to anything done or omitted to be done by or under the authority of the Government of Malaysia or of any State.

29 PART V-29. Indemnity.

(1) No action or proceeding shall be instituted or maintained in any court against the Board, Appeal Board, Investigating Committee or any body appointed by the Board, any members of the Board, Appeal Board, Investigating Committee or any such body, or any person authorised 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 section 4A or any power to enter into contracts exercised by the Board.

[Ins. Act A1157]

30 PART V-30. Appointment of advocate and solicitor and other persons.

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

(2) The Board for the purposes of carrying out its functions, powers and duties under this Act may appoint any other person to assist the Board in carrying out such functions, powers and duties.

[Ins. Act A1157]