Section 34 — TOWN PLANNERS ACT 1995

(a)

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

(b)

if whilst acting in his professional capacity, he at the same time and without disclosing the fact to his client—

32 Laws of Malaysia ACT 538

(i)

is a director of or substantial shareholder in or agent for a contracting company, firm or business; or

(ii)

has a financial interest in the company, firm or business with which he deals on behalf of his client;

(c)

if his registration has been obtained by fraud or misrepresentation;

(d)

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

Disciplinary Committee is infamous or disgraceful;

(e)

if he is found by the Disciplinary Committee to have contravened or failed to comply with any provision of this Act;

(f)

if he fails to carry out or observe any term, condition or restriction imposed by the Board on his registration;

(g)

if he—

(i)

procures;

(ii)

causes the procurement of; or

(iii)

is in any way a party to procuring, a permit for a body corporate of which he is a director or shareholder, by fraud or misrepresentation;

(h)

if he, as a director or shareholder of a body corporate practising as a Town Planner—

(i)

conceals;

Town Planners 33

(ii)

causes the concealing of; or

(iii)

is in any way a party to the concealing of, the existence of any fact or circumstances from the

Board which, if known, would entitle the Board to cancel its permit;

(i)

if he, in his capacity as a director or shareholder of a body corporate practising as a Town Planner—

(i)

contravenes;

(ii)

causes the contravention of;

(iii)

is in any way a party to the contravention of;

(iv)

fails to carry out; or

(v)

fails to observe, the term, condition or restriction of the permit;

(j)

if he causes or permits or suffers a body corporate of which he is a director or shareholder—

(i)

to practise as a Town Planner prior to the issuance of a permit; or

(ii)

to continue to practise as a Town Planner after the

Board has cancelled its permit.

(2)

An opportunity to be heard either personally or by counsel shall be given to the registered Town Planner or registered Graduate

Town Planner against whom the Disciplinary Committee intends to make an order, before the order is made.

34 Laws of Malaysia ACT 538

Registration to be null and void under certain circumstances