Section 15 — REGISTRATION OF ENGINEERS ACT 1967

(a)

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

(b)

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

(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 for any contracting or manufacturing company or firm or business or has any financial interest in

34 Laws of Malaysia ACT 138

any such company or firm or business, with which he deals on behalf of his client;

(d)

if his registration under this Act has been obtained by fraud or misrepresentation;

(e)

if his qualification under section 10 has been withdrawn or cancelled by the Authority through which it was acquired or by which it was awarded;

(f)

if he is found to be of unsound mind;

(fa) if he is found to be incapable or no longer able to perform his professional duties effectively;

(fb) if he becomes a bankrupt;

(g)

if he is found by the Disciplinary Committee to have contravened, or failed to comply with, this Act or any regulations made thereunder;

(h)

if he fails to observe any conditions or restrictions subject to which he is registered;

(i)

if he is found guilty by the Disciplinary Committee of any act or conduct which in the opinion of the Disciplinary

Committee is infamous or disgraceful;

(j)

if he procures, or assists in procuring, or is knowingly a party to procuring, by fraud or misrepresentation, the approval of the Board for a sole proprietorship, partnership or body corporate to be registered as an Engineering consultancy practice;

(k)

if he conceals or assists in concealing from the Board the existence of any facts or circumstances which, if known, would entitle the Board to cancel the registration of a sole proprietorship, partnership or body corporate, in which he is a sole proprietor, partner, director or shareholder, as an

Engineering consultancy practice;

Registration of Engineers 35

(l)

if he contravenes, or fails to perform, or assists in the contravention of, any terms, conditions or restrictions imposed by the Board when registering a sole proprietorship, partnership or body corporate as an Engineering consultancy practice under section 7B or subsection 7A(3);

(m)

if he causes or permits or suffers any sole proprietorship, partnership or body corporate in which he is a sole proprietor, partner, director or shareholder to practise as an Engineering consultancy practice prior to its registration by the Board;

(n)

if he causes or permits or suffers any Engineering consultancy practice in which he is a sole proprietor, partner, director or shareholder to continue to practise as an Engineering consultancy practice after the Board has suspended or cancelled its registration under paragraph 7A(5)(cc) or (dd), respectively;

(o)

if he fails to discharge his professional duties with due skill, care and diligence.

(1A)

The orders referred to in subsection (1) are—

(a)

the issuance of a written warning or reprimand;

(b)

the imposition of a fine not exceeding fifty thousand ringgit;

(c)

the suspension of registration for a period not exceeding two years;

(d)

the cancellation of registration.

(2)

The Disciplinary Committee shall not make any order under subsection (1A), based upon any of the circumstances set out in subsection (1) except for circumstances in paragraphs (1)(a), (e), (f)

and (fb), unless an opportunity of being heard either personally or by a person appointed by the registered Person has been given to the registered Person against whom the Disciplinary Committee against whom the Disciplinary Committee intends to make the order.

36 Laws of Malaysia ACT 138

(3)

The Disciplinary Committee or Board may, if it deems fit, suspend the registration of any registered Person or Engineering consultancy practice, respectively, for a period not exceeding six months pending any investigation by an Investigating Committee under this Act and during the period of such suspension he or it shall not exercise any of the rights or privileges accorded to him or it under this Act.

(4)

The Disciplinary Committee or Board, as the case may be, may upon the recommendation of the Investigating Committee suspend the registration of the registered Person or Engineering consultancy practice mentioned in subsection (3) for a further period of three months but not exceeding six months, if the Investigating

Committee is unable to complete the investigation of such registered

Person or Engineering consultancy practice within the period of suspension stipulated in subsection (3).

Removal from Register