Section 7A — QUANTITY SURVEYORS ACT 1967

(2)

Every application by a firm or a body corporate for approval to practise as a Consulting Quantity Surveying Practice shall be made to the Board in the prescribed form and manner and shall be accompanied by the prescribed fee.

(3)

The Board shall grant its approval for a firm or a body corporate to practise as a Consulting Quantity Surveying Practice, subject to such conditions or restrictions as it may deem fit to impose, if—

(a)

in the case of the sole proprietorship, the sole proprietor is a

Consultant Quantity Surveyor;

(b)

in the case of the partnership, all the partners are Consultant

Quantity Surveyors; or

(c)

in the case of the body corporate—

(i)

it has a board of directors as may be prescribed by the

Board;

(ii)

it has shareholdings as may be prescribed by the

Board;

(iii)

it has a minimum paid-up capital which shall be an amount to be prescribed by the Board; and

(iv)

the day-to-day affairs of the body corporate shall be under the control and management of a person who—

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(A)

is a Consultant Quantity Surveyor; and

(B)

is authorized under a resolution of the board of directors of the body corporate to make all final quantity surveying decisions on behalf of the body corporate in respect of the requirements under this Act or any other law relating to the supply of quantity surveying by the body corporate;

(d)

in the case of the consortium or joint venture, all the members of the consortium or joint venture are Consulting

Quantity Surveying Practices.

(4)

A Consulting Quantity Surveying Practice shall, within thirty days of the occurrence of any change—

(a)

in the case of a firm, of its sole proprietor or in the composition of its partners;

(b)

in the case of a body corporate, in the composition of its board of directors or shareholders; or

(c)

in the case of a consortium or joint venture, in the composition of its members, furnish to the Board a true report in writing giving full particulars of the change.

(4A)

The report of any change referred to in subsection (4) shall be accompanied by the prescribed fee.

(5)

If the Disciplinary Committee finds that—

(a)

the Consulting Quantity Surveying Practice has breached or failed to comply with any of the conditions or restrictions imposed by the Board when granting approval of permit to practise;

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(b)

the composition of the partners or of the board of directors or the shareholding of the body corporate, practising as consulting Quantity Surveyors does not comply with section 7B or subsection (3);

(c)

the Consulting Quantity Surveying Practice has breached any of the requirements of subsection (4); or

(d)

the sole proprietor or any partner or any director or shareholder of the Consulting Quantity Surveying

Practice, has committed, or is guilty of, or has contributed to, any of the acts or things set out in—

(i)

paragraph 15(1)(a); or

(ii)

paragraphs 15(1)(b) to (o) (except paragraphs

(e)

, (f) and (fb), the Disciplinary Committee may, subject to subsections (6) and (6A), by written notice to the Consulting Quantity Surveying Practice, order—

(aa) the issuance of a written warning or reprimand to;

(bb) the imposition of a fine not exceeding one hundred thousand ringgit on;

(cc)

the suspension of the permit to practise for a period not exceeding one year of;

(dd)

the cancellation of the permit to practise of; or

(ee) any combination of the sanctions set out in paragraphs

(aa) to (dd) on, the Consulting Quantity Surveying Practice.

(5A)

If a Consulting Quantity Surveying Practice has been wound up under the Companies Act 1965, the Consulting Quantity

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Surveying Practice is not allowed to practise and the permit to practise shall be cancelled.

(6)

The Disciplinary Committee shall not make any order under paragraphs (5)(aa) to (ee) based upon any of the grounds of complaint set out in paragraphs (5)(a), (b), (c) or subparagraph (d)(ii)

unless—

(a)

there has been an investigation of the grounds of complaint conducted by an Investigating Committee; and

(b)

there has been a hearing conducted by the Disciplinary

Committee of the grounds of complaint against the

Consulting Quantity Surveying Practice.

(6A)

The Consulting Quantity Surveying Practice will be given an opportunity to be heard—

(a)

at the investigation by the Investigating Committee—

(i)

in the case of a sole proprietorship, by the sole proprietor; or

(ii)

in the case of a partnership or body corporate, by the partner or director who at the material time was responsible for the act or thing which forms the grounds of the complaint; or

(b)

at the hearing by the Disciplinary Committee—

(i)

in the case of a sole proprietorship, by the sole proprietor; or

(ii)

in the case of a partnership or body corporate, by the partner or director who at the material time was responsible for the act or thing which forms the grounds of the complaint and the partner or director may be assisted by counsel.

Quantity Surveyors 21

(6B)

Notwithstanding subsection (6), the Disciplinary Committee may make an order under paragraphs (5)(aa) to (ee) if the

Disciplinary Committee has under paragraph 15(1A) (c) or (d)

suspended or cancelled the registration of—

(a)

a sole proprietor;

(b)

one of the partners in a partnership comprising only two partners; or

(c)

one of the directors in the board of directors of a body corporate comprising only two directors.

(7)

The Disciplinary Committee shall not make an order under paragraphs (5)(aa) to (ee) based on the grounds of complaint set out in paragraph (5)(d) if, on the date of hearing, the Consulting Quantity

Surveying Practice satisfies the Disciplinary Committee —

(a)

that the partner, director or shareholder, as the case may be, who has committed, or is guilty of, or has contributed to, the act or thing in question has ceased to be a partner, director or shareholder of the Consulting Quantity

Surveying Practice;

(b)

that the partner, director or shareholder who at the material time was not responsible for the act or thing which forms the grounds of the complaint; and

(c)

that the Consulting Quantity Surveying Practice has complied with the requirements of subsection (3) or section 7B.

(8)

Upon the Disciplinary Committee suspending or cancelling the permit to practise of a Consulting Quantity Surveying Practice pursuant to paragraph (5)(cc) or (dd), the Consulting Quantity

Surveying Practice shall cease to practise.

(8A)

Notwithstanding subsection (8), the Consulting Quantity

Surveying Practice is entitled to recover in any court any fee, charge, remuneration or other form of consideration for any professional

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advice or services rendered by the Consulting Quantity Surveying

Practice prior to the date of receipt of the written notice from the

Disciplinary Committee suspending or cancelling the permit to practise.

(9)

Without prejudice to section 17, the Board may at any time upon receipt of an application from a Consulting Quantity Surveying

Practice whose permit to practise has been suspended or cancelled under paragraph (5)(cc) or (dd), reinstate the permit to practise if it is satisfied that—

(a)

the Consulting Quantity Surveying Practice, at the time of such application, has complied with the requirements of section 7B or subsection (3);

(b)

the Consulting Quantity Surveying Practice is capable of complying with the conditions or restrictions imposed by the Board pursuant to section 7B or subsection (3) at the time of the original approval; and

(c)

where the permit to practise is suspended or cancelled based on the grounds of complaint set out in paragraph (5)(d), the partner or director or shareholder, as the case may be, who has committed, or is guilty of, or has contributed, to the act or thing in question has ceased to be the partner, director or shareholder of the

Consulting Quantity Surveying Practice.

(10)

In reinstating the permit to practise under subsection (9) the

Board may impose such additional terms, conditions or restrictions as it deems fit.

(11)

(Deleted by Act A1157).

(12)

The Registrar shall, upon approval being granted by the

Board, issue to the firm or body corporate whose application to practise as a Consulting Quantity Surveying Practice has been approved by the Board, a permit to practise in the prescribed form.

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(13)

The permit to practise issued by the Board to the Consulting

Quantity Surveying Practice shall expire on 31 December of the year in which it is issued.

(14)

(Deleted by Act A1157).

(15)

The permit 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.

A body corporate providing a combination of services comprising consulting Quantity Surveying services, professional engineering services or architectural consultancy services