Section 15 — QUANTITY SURVEYORS ACT 1967

(a)

if he is convicted of any offence involving fraud or 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 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if his qualification under section 10 has been withdrawn or cancelled by the Authority through which it was acquired or by which it was awarded;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 any of the provisions of this Act or of any rules 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;

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(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 permit to practise as a

Consulting Quantity Surveying 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 withdraw the approval granted under subsection 7A(3) or section 7B from any firm in which he is the sole proprietor or a partner, or body corporate in which he is a director or shareholder;

(l)

if he contravenes, or fails to perform, or assists in the contravention of, or is knowingly a party to the contravention of or failure to perform, conditions or restrictions imposed by the Board when granting approval to a firm or a body corporate as a Consulting

Quantity Surveying Practice under section 7A or 7B;

(m)

if he causes or permits or suffers any firm in which he is the sole proprietor or a partner, or body corporate in which he is a director or shareholder, to practise as a

Consulting Quantity Surveying Practice prior to the approval of the Board being obtained;

(n)

if he causes or permits or suffers any firm in which he is the sole proprietor or a partner, or body corporate in which he is a director or shareholder, to continue to practise quantity surveying after the Board has suspended or cancelled its permit to practise under paragraph 7A(5)(cc) or (dd), respectively; or

(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;

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(b)

the imposition of a fine not exceeding fifty thousand ringgit;

(c)

the suspension of registration for a period not exceeding one year;

(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 paragraphs (1)(b) to (o) (except for paragraphs (1)(e), (f) and (fb)), unless—

(a)

there has been an investigation conducted by an

Investigating Committee; and

(b)

the Disciplinary Committee after having studied the recommendations of the Investigating Committee—

(i)

may, if it proposes to make an order under paragraph (1A)(a) or (b), convene a hearing; or

(ii)

shall, if it proposes to make an order under paragraph (1A)(c) or (d), convene a hearing.

(2A)

The Consultant Quantity Surveyor, Professional Quantity

Surveyor, Provisional Quantity Surveyor or Quantity Surveying

Technologist will be given an opportunity to be heard—

(a)

at the investigation by the Investigating Committee, in person; or

(b)

at the hearing by the Disciplinary Committee, in person or by counsel.

(3)

The Disciplinary Committee may, if it deems fit, suspend the registration of any Consultant Quantity Surveyor, Professional

Quantity Surveyor, Provisional Quantity Surveyor, Quantity

Surveying Technologist or Consulting Quantity Surveying Practice for a period not exceeding six months pending any investigation by

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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)

(Deleted by Act A1157).

Removal from Register