Section 33 — GEOLOGISTS ACT 2008

(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 that in the opinion of the Board 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 director or a member of or a substantial shareholder in or an agent for any company, firm or business or has any financial interest in any company, 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 or by reason of any mistake or error made by the Board in considering the application for registration;

(e)

if his qualifications under section 20 have been withdrawn or revoked by the authority through which it was obtained or by which it was awarded;

(f)

if the authorization under subsection 26(1) has been withdrawn or revoked;

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(g)

if he is found to be of unsound mind or otherwise incapable of performing his professional duties or becomes a bankrupt;

(h)

if he is found by the Board to have contravened this Act or any regulations made under this Act;

(i)

if he fails to observe any condition or restriction subject to which he is registered;

(j)

if he is found guilty by the Board of any act or conduct that in the opinion of the Board is infamous or disgraceful;

or

(k)

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

(2)

For the purposes of subsection (1), the Board may—

(a)

issue a written warning or reprimand to the registered geologist or registered practitioner concerned;

(b)

order the registered geologist or registered practitioner concerned to pay a fine not exceeding five thousand ringgit;

(c)

order the suspension of the registration of the registered geologist or registered practitioner concerned for a period not exceeding one year;

(d)

order the revocation of the registration of the registered geologist or registered practitioner concerned; or

(e)

impose any appropriate combination of the sanctions specified in paragraphs (a) to (d) on the registered geologist or registered practitioner concerned.

(3)

The Board shall not make an order under subsection (2)

unless—

(a)

there has been a hearing of the grounds of the complaint against the registered geologist or registered practitioner concerned who is alleged to have caused, contributed to or been a party to the grounds of the complaint, conducted by at least two-thirds of the total number of members of the Board; and

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(b)

an opportunity to be heard has been given to the registered geologist or registered practitioner concerned, personally or by an advocate and solicitor.

(4)

The Board may, if it considers fit, suspend the registration of any registered geologist or registered practitioner for a period not exceeding six months pending any investigation by the Board under this Act.

(5)

On the Board suspending the registration of a registered geologist or a registered practitioner under paragraph (2)(c)

or subsection (4), or revoking the registration of a registered geologist or a registered practitioner under paragraph (2)(d) or subsection 40(2), the geologist or practitioner concerned shall cease to exercise any right or privilege accorded to him under this Act but he shall be entitled to recover in any court any fee, charge, remuneration or any other form of consideration for services rendered by him before the date of receipt of the notice from the Board suspending or revoking the registration.

(6)

An order of the Board under paragraph (2)(c) or (2)(d) or subsection (4) shall, as soon as may be practicable, be published in at least one national language and one English language daily newspaper having nationwide circulation.

Removal from Register