QUANTITY SURVEYORS (AMENDMENT) ACT 2015

This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette and the Minister may appoint different dates for the coming into operation of different provisions of this Act.

Amendment of section 2

by inserting before the definition of “architectural consultancy services” the following definition:

‘ “Architect” has the same meaning assigned to it in the Architects Act 1967 [Act 117];’;

quantity surveyors (amendment) act 2015

by inserting after the definition of “authorized officer”

the following definitions:

‘ “Consultant Quantity Surveyor” means a person who is registered under subsection 10(3);

“Consulting Quantity Surveying Practice” means a sole proprietorship, partnership or body corporate incorporated under the Companies Act 1965 [Act 125], which is granted by the Board a permit to practise as a Consulting Quantity Surveying Practice under section 7a;

“Disciplinary Committee” means a committee appointed by the Board under section 14a;

“Dispute Resolution Panel” means a panel appointed by the Board under section 14b to mediate, adjudicate or arbitrate or otherwise resolve disputes including expert determination;’;

by deleting the definition of “firm or body corporate practising as consulting Quantity Surveyors”;

by deleting the definition of “Professional Architect”;

by deleting the definition of “Professional Engineer”;

by inserting after the definition of “prescribed” the following definition:

‘ “Professional Engineer with Practising Certificate”

has the same meaning assigned to it in the Registration of Engineers Act 1967 [Act 138]’;

by inserting after the definition of “professional engineering services” the following definitions:

‘ “Professional Quantity Surveyor” means a person who is registered under subsection 10(2);

“Provisional Quantity Surveyor” means a person who is registered under paragraph 10(1)(a);

Quantity Surveyors (Amendment)

5

“Quantity Surveying Technologist” means a person who is registered under section 10a;’; and

by deleting the definitions of “registered graduate Quantity

Surveyor”, “registered Quantity Surveyor” and “temporary

Quantity Surveyor”.

Amendment of section 3

in subsection (2)—

in paragraph (a), by substituting for the words

“appointed from among registered Quantity

Surveyors” the words “who shall be a Consultant

Quantity Surveyor or Professional Quantity

Surveyor”;

in paragraph (b), by substituting for the words

“being registered Quantity Surveyors holding office” the words “from among Consultant Quantity

Surveyors or Professional Quantity Surveyors who are”;

in paragraph (d), by substituting for the words

“registered Quantity Surveyor” the words “member from among Consultant Quantity Surveyors or

Professional Quantity Surveyors”;

in paragraph (dd), by substituting for the words

“registered Quantity Surveyor” the words “member from among Consultant Quantity Surveyors or

Professional Quantity Surveyors”;

by substituting for paragraph (e) the following paragraph:

“(e) four Consultant Quantity Surveyors from the private sector who are practising in

Malaysia, on the nomination of the Royal

Institution of Surveyors Malaysia or any other professional body recognized by the

Board to represent Quantity Surveyors in the private sector;”;

by inserting after paragraph (e) the following paragraph:

“(ea) one Consultant Quantity Surveyor or

Professional Quantity Surveyor from the private sector who is not practising as a consulting Quantity Surveyor, on the nomination of the Royal Institution of Surveyors Malaysia or any other professional body recognized by the

Board to represent Quantity Surveyors in the private sector;”; and

in paragraph (h), by substituting for the words

“two registered Quantity Surveyors to be nominated by” the words “two members from among

Consultant Quantity Surveyors or Professional

Quantity Surveyors on the nomination of”;

in subsection (3)—

by deleting the words “shall be appointed for a term which shall not exceed three years and shall”; and

by substituting for the words “unless he sooner resigns or his appointment revoked” the words

“shall, unless he sooner resigns, vacates his office or his appointment is revoked,”;

in subsection (4), by inserting after the words “dies or resigns” the words “, vacates his office”; and

by inserting after subsection (5) the following subsection:

“(6)  The Minister may, by order published in the

Gazette, amend the Schedule.”.

Amendment of section 4

in paragraph (b), by substituting for the word “approval”

the word “permit”;

Quantity Surveyors (Amendment)

in paragraph (c), by substituting for the words “Parts III and IV” the words “this Act”;

in paragraph (d), by substituting for the words “registered

Quantity Surveyors and firms or bodies corporate practising as consulting Quantity Surveyors” the words

“Consulting Quantity Surveying Practice”;

in paragraph (e), by substituting for the words “registered, registered graduate or temporary registered Quantity

Surveyors” the words “Consultant Quantity Surveyor,

Professional Quantity Surveyor, Provisional Quantity

Surveyor, Quantity Surveying Technologist or Consulting

Quantity Surveying Practice”;

in paragraph (ea), by deleting the words “, where deemed necessary by the Board”;

in paragraph (f), by substituting for the words “quantity surveying profession” the words “Consultant Quantity

Surveyor, Professional Quantity Surveyor, Provisional

Quantity Surveyor, Quantity Surveying Technologist and

Consulting Quantity Surveying Practice”;

in paragraph (fa), by substituting for the words “registered, registered graduate or temporary registered Quantity

Surveyors” the words “Consultant Quantity Surveyor,

Professional Quantity Surveyor, Provisional Quantity

Surveyor or Quantity Surveying Technologist”;

by substituting for paragraph (fb) the following paragraph:

“(fb) to appoint a council comprising members of the Board, Consultant Quantity Surveyors or

Professional Quantity Surveyors and other persons or institutions as may be determined by the Board to accredit qualifications and to conduct examination as it deems necessary;”;

by substituting for paragraph (fc) the following paragraph:

“(fc) to nominate any person to represent it on any board, committee or body if requested by an institution, body or society relating to the profession;”; and

by substituting for paragraph (fd) the following paragraph:

“(fd) to nominate any members of the Board to represent the Board on any board, committee or body in accordance with the relevant laws;”.

Amendment of Part III

by substituting for the word “four” the word “five”;

in paragraph (a), by substituting for the word “registered”

the word “Consultant”;

in paragraph (b), by substituting for the words “registered graduate” the word “Professional”;

by substituting for paragraph (c) the following paragraph:

“(c) Part C— which shall contain the names, registration numbers, addresses and other particulars of

Provisional Quantity Surveyors together with particulars of any conditions or restrictions imposed by the Board under paragraph 4(b);”;

Quantity Surveyors (Amendment)

by substituting for paragraph (d) the following paragraph:

“(d) Part D — which shall contain the names, registration numbers, addresses and other particulars of

Consulting Quantity Surveying Practices together with any particulars of any conditions or restrictions imposed by the Board under subsection 7a(3) or 7b(1);”; and

by inserting after paragraph (d) the following paragraph:

“(e) Part E— which shall contain the names, registration numbers, addresses and other particulars of

Quantity Surveying Technologists together with any particulars as determined by the Board under section 10a.”.

Amendment of section 6

in subsection (1)—

by deleting the words “(hereinafter referred to as

“the Registrar”)”; and

by inserting after the words “and orders of the

Board” the words “or orders of any committee established by the Board”;

in subsection (2)—

by substituting for the words “at least two national newspapers, in the national language, and” the words “one newspaper either in the national language, or”;

in paragraph (a)—

by substituting for the words “registered, registered graduate or temporary registered

Quantity Surveyor” the words “Consultant

Quantity Surveyor, Professional Quantity

Surveyor, Provisional Quantity Surveyor or Quantity Surveying Technologist”;

in subparagraph (i), by substituting for the word “Board” the words “Disciplinary

Committee”; and

in subparagraph (ii), by substituting for the words “section 17” the words

“subsections 17(1) and (3)”; and

in paragraph (b)—

by substituting for the words “a firm or body corporate practicing as consulting

Quantity Surveyors” the words “a Consulting

Quantity Surveying Practice”; and

in subparagraph (i), by substituting for the word “Board” the words “Disciplinary

Committee”;

in subsection (2a), by substituting for the word

“Board” wherever appearing the words “Disciplinary

Committee”;

in subsection (3), by substituting for the words “registered, registered graduate or temporary registered Quantity

Surveyor, or a firm or body corporate practising as consulting Quantity Surveyors,” the words “Consultant

Quantity Surveyor, Professional Quantity Surveyor,

Provisional Quantity Surveyor, Quantity Surveying

Technologist or Consulting Quantity Surveying Practice,”;

and

in subsection (4), by deleting the words “and offer for sale copies of”.

Quantity Surveyors (Amendment)

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Amendment of section 7

in the shoulder note, by substituting for the words

“registered graduate and temporary registered Quantity

Surveyors” the words “Consultant Quantity Surveyor, etc.”;

in subsection (1)—

by substituting for the words “registered Quantity

Surveyor” the words “Consultant Quantity Surveyor or Professional Quantity Surveyor”;

in paragraph (a), by substituting for the words

“that he is a registered Quantity Surveyor” the words “that the person is a Consultant Quantity

Surveyor or Professional Quantity Surveyor”;

in paragraph (b), by substituting for the words

“that he is a registered Quantity Surveyor;” the words “that the person is a Consultant Quantity

Surveyor or Professional Quantity Surveyor.”;

by deleting paragraph (c); and

by deleting paragraph (d);

by inserting after subsection (1) the following subsections:

“(1a)  A Consultant Quantity Surveyor shall be entitled to use the abbreviation “CQS” after his name.

A Professional Quantity Surveyor shall be entitled to use the abbreviation “PQS” after his name.

A Consultant Quantity Surveyor or Professional

Quantity Surveyor shall be entitled to use the abbreviation “Sr” before his name if the Consultant

Quantity Surveyor or Professional Quantity Surveyor is a member of the Royal Institution of Surveyors,

Malaysia.”;

in subsection (2), by substituting for the words “registered graduate or temporary registered Quantity Surveyor” the words “Consultant Quantity Surveyor or Professional

Quantity Surveyor”; and

by inserting after subsection (2) the following subsection:

“(3)  A person is not allowed to practise as a consulting Quantity Surveyor, or to collect any fee, charge, remuneration or other form of consideration for any professional advice or services rendered, unless the person has obtained a permit to practise as a Consulting Quantity Surveying Practice approved by the Board under section 7a or 7b.”.

Amendment of section 7a

by substituting for the shoulder note the following shoulder note:

“Consulting Quantity Surveying Practice”;

in subsection (1)—

by substituting for the words “consulting Quantity

Surveyors” the words “a Consulting Quantity

Surveying Practice”; and

by substituting for the words “, to so practise”

the words “as a Consulting Quantity Surveying

Practice”;

in subsection (2), by substituting for the words “consulting

Quantity Surveyors” the words “a Consulting Quantity

Surveying Practice”;

in subsection (3)—

by substituting for the words “consulting Quantity

Surveyors” the words “a Consulting Quantity

Surveying Practice”;

Quantity Surveyors (Amendment)

in paragraph (a), by substituting for the word

“registered” the word “Consultant”;

in paragraph (b), by substituting for the word

“registered” the word “Consultant”;

by substituting for paragraph (c) the following paragraph:

“(c) in the case of the body corporate—

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

it has shareholdings as may be prescribed by the Board;

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

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

is a Consultant Quantity Surveyor;

and

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;”; and

by inserting after paragraph (c) the following paragraph:

“(d) in the case of the consortium or joint venture, all the members of the consortium or joint venture are Consulting Quantity Surveying

Practices.”;

in subsection (4)—

by substituting for the words “A firm or a body corporate practising as consulting Quantity

Surveyors” the words “A Consulting Quantity

Surveying Practice”;

by deleting the word “or” at the end of paragraph (a);

by substituting for the comma at the end of paragraph (b) the words “; or”;

by inserting after paragraph (b) the following paragraph:

“(c) in the case of a consortium or joint venture, in the composition of its members,”; and

by inserting after subsection (4) the following subsection:

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

in subsection (5)—

by substituting for the word “Board” wherever appearing the words “Disciplinary Committee”;

Quantity Surveyors (Amendment)

by substituting for paragraph (a) the following paragraph:

“(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;”;

in paragraph (b), by deleting the words “of the firm,”;

in paragraph (c), by substituting for the words

“firm or body corporate practising as consulting

Quantity Surveyors” the words “Consulting

Quantity Surveying Practice”; and

in paragraph (d)—

by substituting for the words “partners of the firm,” the word “partner”;

by substituting for the words “body corporate, practising as consulting Quantity Surveyors, being a person who is a registered Quantity

Surveyor” the words “Consulting Quantity

Surveying Practice”;

in subparagraph (ii), by substituting for the words “and (f)” the words “, (f) and

(fb)”;

by substituting for the words “firm or body corporate practising as consulting Quantity

Surveyors” wherever appearing the words

“Consulting Quantity Surveying Practice”;

and

in paragraph (bb), by substituting for the word “fifty” the words “one hundred”;

by inserting after subsection (5) the following subsection:

“(5a)   If a Consulting Quantity Surveying Practice has been wound up under the Companies Act 1965, the Consulting Quantity Surveying Practice is not allowed to practise and the permit to practise shall be cancelled.”;

in subsection (6)—

by substituting for the word “Board” the words

“Disciplinary Committee”; and

by substituting for paragraph (b) the following paragraph:

“(b) there has been a hearing conducted by the

Disciplinary Committee of the grounds of complaint against the Consulting Quantity

Surveying Practice.”;

in subsection (6a)—

by substituting for the words “firm or body corporate practising as consulting Quantity Surveyors”

the words “Consulting Quantity Surveying

Practice”;

in paragraph (a)—

by inserting after the word “investigation”

the words “by the Investigating Committee”;

and

by substituting for subparagraph (ii) the following subparagraph:

“(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”; and

Quantity Surveyors (Amendment)

in paragraph (b)—

by inserting after the word “hearing” the words “by the Disciplinary Committee”;

in subparagraph (i), by deleting the words

“or counsel”; and

by substituting for subparagraph (ii) the following subparagraph:

“(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.”;

in subsection (6b), by substituting for the word

“Board” wherever appearing the words “Disciplinary

Committee”;

by substituting for subsection (7) the following subsection:

“(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—

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;

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

that the Consulting Quantity Surveying Practice has complied with the requirements of subsection (3)

or section 7b.”;

by substituting for subsection (8) the following subsection:

“(8)  Upon the Disciplinary Committee suspending or cancelling the permit to practise of a Consulting

Quantity Surveying Practice pursuant to paragraph

Practice shall cease to practise.”;

by inserting after subsection (8) the following subsection:

“(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 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.”;

in subsection (9)—

by substituting for the words “firm or body corporate whose permit to practise as consulting Quantity

Surveyors has been suspended or cancelled pursuant to paragraph (5)(cc) or (dd), respectively, reinstate the permit to practise to such firm or body corporate” the words “Consulting Quantity

Surveying Practice whose permit to practise has been suspended or cancelled under paragraph

in paragraph (a), by substituting for the words

“firm or body corporate” the words “Consulting

Quantity Surveying Practice, at the time of such application,”;

in paragraph (b), by substituting for the words

“firm or body corporate” the words “Consulting

Quantity Surveying Practice”; and

Quantity Surveyors (Amendment)

in paragraph (c), by substituting for the words “of the firm, or director or shareholder of the body corporate” the words “, director or shareholder of the Consulting Quantity Surveying Practice”;

in subsection (12), by substituting for the words “consulting

Quantity Surveyors” the words “a Consulting Quantity

Surveying Practice”;

by substituting for subsection (13) the following subsection:

“(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.”; and

by inserting after subsection (14) the following subsection:

“(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.”.

Amendment of section 7b

by substituting for the words “and/or” wherever appearing, including in the shoulder note, the word “or”;

in the shoulder note, by substituting for the words “quantity surveying” the words “a combination of services comprising consulting Quantity Surveying”;

in subsection (1)—

by inserting after the words “a practice of providing” the words “a combination of services comprising”;

by substituting for the words “quantity surveying”

wherever appearing the words “consulting Quantity

Surveying”; and

by inserting after the words “to practise” the words

“as a Consulting Quantity Surveying Practice”;

in subsection (2)—

in paragraph (a)—

by substituting for the word “registered”

the word “Consultant”;

by inserting after the words “Professional

Engineers” the words “with Practising

Certificate”; and

by substituting for the words “Professional

Architects” the word “Architects”;

in paragraph (b)—

in subparagraph (i)—

(aa) by substituting for the word “registered”

wherever appearing the word

“Consultant”;

(bb) by inserting after the words “Professional

Engineers” the words “with Practising

Certificate”;

by substituting for the words

“Professional Architects” the word

“Architects”; and

by substituting for the words

“practising as consulting Quantity

Surveyors” wherever appearing the words “providing consulting Quantity

Surveying services”; and

in subparagraph (ii)—

(aa) by substituting for the word “board”

the word “Board”; and

Quantity Surveyors (Amendment)

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(bb) by substituting for the words “the profession of quantity surveying,”

the words “the profession of”; and

in paragraph (c), by substituting for the word

“Minister” the word “Board”;

in subsection (3)—

in paragraph (a)—

by substituting for the word “registered”

the word “Consultant”; and

by substituting for the words “practising as consulting Quantity Surveyors” the words

“providing consulting Quantity Surveying services”;

in paragraph (b)—

by substituting for the word “registered”

the word “Consultant”;

by inserting after the words “Professional

Engineers” the words “with Practising

Certificates”;

by substituting for the words “Professional

Architects” the word “Architects”; and

by substituting for the words “practising as consulting Quantity Surveyors” the words

“providing consulting Quantity Surveying services”; and

by inserting after the words “permit to practise”

the words “as a Consulting Quantity Surveying

Practice”; and

in subsection (4), by substituting for the words “consulting

Quantity Surveyors” the words “a Consulting Quantity

Surveying Practice”.

Amendment of section 8

by substituting for the shoulder note the following shoulder note:

‘‘Consultant Quantity Surveyor, Professional Quantity

Surveyor and Consulting Quantity Surveying Practice may prepare preliminary estimates, etc.”;

in subsection (1)—

by substituting for the words “registered Quantity

Surveyor” the words “Consultant Quantity Surveyor or Professional Quantity Surveyor”; and

by substituting for the words “firm or body corporate practising as consulting Quantity Surveyors”

the words “Consulting Quantity Surveying

Practice”;

in subsection (2), by inserting after the words “professional practice” the words “allowed under the relevant laws”;

and

in subsection (3), by substituting for the words “registered

Quantity Surveyor or firm or body corporate practising as consulting Quantity Surveyors” the words “Consultant

Quantity Surveyor, Professional Quantity Surveyor or

Consulting Quantity Surveying Practice”.

Deletion of section 9

in paragraph (1)(a)—

by deleting the words “in quantity surveying”;

and

Quantity Surveyors (Amendment)

by substituting for the words “registered graduate

Quantity Surveyor” the words “Provisional Quantity

Surveyor”;

in paragraph (1)(b)—

by deleting the words “after consultation with the

Minister”;

by substituting for the words “registered Quantity

Surveyor” the words “Professional Quantity

Surveyor or Consultant Quantity Surveyor”;

and

by substituting for the words “subsection (2)” the words “subsection (2) or (3), as the case may be”;

in subsection (2)—

in paragraph (a), by substituting for the words

“registered graduate Quantity Surveyor” the words

“Provisional Quantity Surveyor”;

in paragraph (c), by inserting after the word

“assessment” the word “or”; and

by inserting after the word “registered” the words

“as a Professional”;

by substituting for subsection (3) the following subsection:

“(3)  A person shall be entitled to be registered as a Consultant Quantity Surveyor on application to the

Board if—

he is a Professional Quantity Surveyor;

he is residing in Malaysia;

he has obtained the practical experience as may be prescribed by the Board; and

he has passed a further test of professional competence or other professional assessment or examination conducted or sanctioned by the

Board.”; and

in subsection (4), by substituting for the words “registered

Quantity Surveyor” the words “Consultant Quantity

Surveyor, Professional Quantity Surveyor or Provisional

Quantity Surveyor”.

Amendment of section 10a

A person who is registered under subsection (1) shall be entitled, on application, to be registered as a Provisional

Quantity Surveyor under paragraph 10(1)(a) if the person holds any qualification or has complied with any requirements as may be determined by the Board.

No person shall be entitled to be registered as a

Quantity Surveying Technologist if at any time prior to his registration there exists any facts or circumstances which would entitle the Board to cancel his registration pursuant to subsection 15(1a) if he were registered.

No person shall, unless he is a Quantity Surveying

Technologist—

be entitled to take up employment as a quantity surveying technologist; or

be entitled to describe himself or hold himself out under any name, style or title—

bearing the words “Quantity Surveying

Technologist” or equivalent in any other language; or

Quantity Surveyors (Amendment)

bearing any other words in any language which may reasonably be construed to imply that he is a Quantity Surveying Technologist.”.

Amendment of section 14

The Disciplinary Committee shall comprise the following members:

a Chairman who shall be a Consultant Quantity

Surveyor or Professional Quantity Surveyor, who has been registered as a Consultant Quantity Surveyor or Professional Quantity Surveyor, as the case may be, for a period of not less than seven years prior to his appointment; and

one Consultant Quantity Surveyor, and one Professional

Quantity Surveyor, not being a member of the

Board.

The Disciplinary Committee shall conduct a hearing of any misconduct or complaint against any Consultant Quantity

Surveyor, Professional Quantity Surveyor, Provisional Quantity

Surveyor, Quantity Surveyor Technologist or Consulting

Quantity Surveying Practice referred to it by the Investigating

Committee.

Dispute Resolution Panel 14b. (1) The Board shall appoint a Dispute Resolution Panel which shall comprise the following members:

a Chairman who shall be a Consultant Quantity

Surveyor or Professional Quantity Surveyor, who has been registered as a Consultant Quantity Surveyor or Professional Quantity Surveyor, as the case may be, for a period of not less than seven years prior to his appointment; and

one Consultant Quantity Surveyor, and one Professional

Quantity Surveyor, not being a member of the

Board.

The Dispute Resolution Panel shall mediate, adjudicate, arbitrate or otherwise resolve and determine disputes not relating to professional conduct or ethics of any Consultant

Quantity Surveyor, Professional Quantity Surveyor, Provisional

Quantity Surveyor, Quantity Surveyor Technologist or

Consulting Quantity Surveying Practice referred to it by the

Board.

Where a member of the Board has been appointed as a member of the Dispute Resolution Panel under paragraph

Amendment of section 15

in subsection (1)—

by substituting for the word “Board” the words

“Disciplinary Committee”;

Quantity Surveyors (Amendment)