REGISTRATION OF ENGINEERS (AMENDMENT) ACT 2015

This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette.

General amendment

by inserting after the definition of “appointed date” the following definition:

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

by inserting after the definition of “Engineering consultancy practice” the following definitions:

‘ “Engineering Technologist” means a person registered under section 10c;

“Engineering works” means all works which include any publicly or privately owned public utilities, buildings, machines, equipment, processes, works or projects that require the application of engineering principles and data;’;

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

by inserting after the definition of “Graduate Engineer”

the following definition:

‘ “Inspector of Works” means a person registered under section 10e;’;

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

‘ “Practising Certificate” means a certificate issued by the Board to a Professional Engineer under section 10d;’;

by deleting the definition of “Professional Architect”;

by inserting after the definition of “Professional Engineer”

the following definition:

‘ “Professional Engineer with Practising Certificate”

means a person registered under section 10d;’;

Registration of Engineers (Amendment)

by inserting after the definition of “Professional Engineer with Practising Certificate” the following definition:

‘ “Professional Quantity Surveyor” has the same meaning assigned to it in the Quantity Surveyors Act 1967 [Act 438];’;

by substituting for the definition of “registered Engineer”

the following definition:

‘ “registered Engineer” means a Graduate Engineer,

Professional Engineer, Professional Engineer with

Practising Certificate or Accredited Checker;’;

by inserting after the definition of “registered Engineer”

the following definition:

‘ “registered Person” means a registered Engineer,

Engineering Technologist or Inspector of Works;’;

by deleting the definition of “registered Quantity Surveyor”;

and

by deleting the definition of “Temporary Engineer”.

Amendment of section 3

in paragraph (2)(a), by inserting after the words “Professional

Engineer” the words “or a Professional Engineer with

Practising Certificate”;

in paragraph (2)(b), by inserting after the words “Professional

Engineers” the words “and Professional Engineers with

Practising Certificates”;

in subsection (3)—

by substituting for paragraph (a) the following paragraph:

“(a) three Professional Engineers and two

Professional Engineers with Practising

Certificates who are in the public service of the Federation;”;

by inserting after subsection (3) the following subsection:

“(3a)  Where the Council of the Institution of Engineers

(Malaysia) referred to in paragraph (2)(b) does not submit a nomination list within thirty days before the expiry of the term of office of the five members of the Board nominated by the Council of the Institution of Engineers (Malaysia), the Minister shall appoint any person qualified as a member of the Board.”;

in subsection (7), by deleting the word “First”; and

by inserting after subsection (7) the following subsection:

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

Gazette, amend the Schedule.”.

Amendment of section 4

by substituting for paragraph (ed) the following paragraph:

“(ed) to appoint a committee consisting of persons to be determined by the Board—

Registration of Engineers (Amendment)

to conduct professional assessment examinations for the purpose of admission as a Professional

Engineer; or

by inserting after paragraph (ef) the following paragraph:

“(eg) to cause examinations to be conducted by an institution recognized by the Board for the purpose of admission to the profession;”.

Amendment of Part III

in subsection (1)—

by substituting for the words “The Register shall be in five Parts, that is to say—” the words

“The Register shall contain the following:”;

by inserting after paragraph (e) the following paragraphs:

“(f) Part F—which shall contain the names, addresses and other particulars of Professional

Engineers with Practising Certificates;

Part G—which shall contain the names, addresses and other particulars of Engineering

Technologists; and

Part H—which shall contain the names, addresses and other particulars of Inspectors of Works.”; and

in subsection (2), by substituting for the words “subsection 7a(3), 7b(1) or 10a(1),” the words “subsection 7a(3) or 7b(1), section 10c, 10d or 10e,”.

Amendment of section 6

in subsection (1)—

in paragraph (a), by deleting the words “practice, carry on business or”;

;

by inserting after subsection (1) the following subsections:

“(1a)  A person shall not, unless he is a Professional

Engineer with Practising Certificate—

practise, carry on business or take up employment which requires him to carry out or perform professional engineering services for designated engineering works subject to section 8;

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

bearing the words “Professional Engineer with Practising Certificate” or equivalent in any other language; or

use or display any sign, board, card or other device representing or implying that he is a Professional Engineer with Practising

Certificate;

be entitled to recover in any court any fee, charge, remuneration or other form of consideration for any professional engineering services rendered subject to section 8; or

use the stamp as may be determined by the

Board.

A person shall not, unless he is a Graduate

Engineer or Engineering Technologist, be entitled to describe himself or hold himself out under any name, style or title using the abbreviation “Grad.Eng.” or

“Eng.Tech.” after his name or in any way associate with his name.”; and

in subsection (1), by substituting for the words “subsection 7(1)” the words “subsections 7(1) and (1a)”;

in subsection (3)—

in paragraph (a), by inserting after the words

“Professional Engineer” the words “with Practising

Certificate”;

Registration of Engineers (Amendment)

by deleting the words “, it”;

by substituting for subparagraph (i) the following subparagraph:

“(i) it has a board of directors who shall be subject to such conditions and qualifications as may be prescribed by the Board;”;

by substituting for subparagraph (ii) the following subparagraph:

“(ii) its shareholdings shall be as may be prescribed by the Board”;

in subparagraph (iii)—

(aa) by inserting before the word “has” the word “it”; and

(bb) by substituting for the full stop at the end of the subparagraph the words

“; and”; and

by inserting after subparagraph (iii) the following subparagraph:

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

is a Professional Engineer with Practising Certificate;

and

is authorized under a resolution of the board of directors of the body corporate to make all final engineering decisions on behalf of the body corporate in respect of the requirements under this

Act or any other law relating to the supply of professional engineering services by the body corporate.”; and

in subparagraph (6)(a)(i), by substituting for the words

“at least five members of the Board” the words

“a Disciplinary Committee appointed by the Board pursuant to section 14a”.

Amendment of section 7b

in the shoulder note—

by inserting after the word “providing” the words

“a combination of services comprising”; and

in subsection (1)—

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

in subsection (2)—

by substituting for paragraph (a) the following paragraph:

“(a) it has a board of directors who shall be subject to such conditions and qualifications as may be prescribed by the Board;”;

Registration of Engineers (Amendment)

is a Professional Engineer with

Practising Certificate; and

by substituting for subsection (3) the following subsection:

“(3)  The minimum shareholdings of a Professional

Engineer, Architect and Professional Quantity Surveyor in the body corporate shall be as may be prescribed by the Board.”.

Amendment of section 8

in the shoulder note, by inserting after the words

“Professional Engineer” the words “with Practising

Certificate”;

in subsection (1), by inserting after the words “Professional

Engineer” the words “with Practising Certificate”;

in subsection (2)—

by inserting after the words “a Professional Engineer”

the words “with Practising Certificate”;

in subsection (3), by inserting after the words “Professional

Engineer” the words “with Practising Certificate”; and

in subsection (4)—

by inserting the word “and” at the end of paragraph (a);

in paragraph (1)(b), by substituting for the word “prescribed”

the word “determined”;

in subsection (2)—

by substituting for paragraph (i) the following paragraph:

“(a)  any person—

who is registered as a Graduate

Engineer and has obtained the practical experience under paragraph (1)(b);

has passed a professional assessment examination conducted by the

Board;

holds a professional qualification which the Board considers to be equivalent to the professional a s s e s s m e n t e x a m i n a t i o n conducted by the Board; or

is a Corporate Member of the Institution of Engineers

(Malaysia); and

in subsection (3), by substituting for the words “2(iv)”

the words “2(d)”; and

by substituting for subsection (4) the following subsection:

“(4)  No person shall be entitled to be registered as a Professional Engineer with Practising Certificate unless he is at the time of application for or renewal of registration, and has been for a period of not less than six months prior to the date of application or renewal, residing in Malaysia.”.

Deletion of section 10a

in subsection (2), by inserting after the words “Graduate

Engineer” the words “and Engineering Technologist”;

by inserting after subsection (2) the following subsection:

“(3)  A certificate of registration—

issued to an Inspector of Works shall expire on the 31 December of the third year from the date the certificate of registration is issued; and

may be renewed upon the expiry of the certificate of registration on payment of the prescribed fee and upon satisfying such conditions as may be determined by the Board.”.

Amendment of section 14

Registration of Engineers (Amendment)

19

Amendment of section 16

in subsection (2), by inserting after the words “a Graduate

Engineer,” the words “Engineering Technologist,”;

in subsection (2a)—

by inserting after the words “a Graduate Engineer,”

the words “Engineering Technologist,”; and

by substituting for subsection (3) the following subsection:

“(3)  A registered Person or Engineering consultancy practice whose name has been removed from the

Register pursuant to an order of the Disciplinary

Committee or the Board under subsection 15(1a) or 7a(5) respectively, and who has not appealed against that order or whose appeal has been dismissed may, after the expiration of not less than six months from the date of the order of cancellation or from the date of the decision of the appeal, apply for reinstatement.”;

and

by inserting after subsection (3) the following subsection:

“(4)  The Board shall issue a certificate of registration to the registered Person or Engineering consultancy practice upon—

receipt of satisfactory evidence for his or its reinstatement;

satisfying such conditions as may be determined by the Board;

reimbursement to the Board of all expenditure incurred arising out of the proceedings leading to the cancellation of his or its registration; and

payment of the prescribed fee.”.

Amendment of section 19

the following subsection:

“(1)  For the purposes of subsection 15(3), the Board shall appoint an Investigating Committee which shall consist of the following members:

In relation to a Professional Engineer registered under the principal Act, where he applies to be registered as a Professional

Engineer with Practising Certificate within one year from the date of the coming into operation of this Act, or any period as may be extended by the Board, he shall be exempted from the provision of paragraph 10d(b).

Any application for the certificate of registration pending on the date of the coming into operation of this Act shall be dealt with under the principal Act as amended by this Act.

The stamp as prescribed in the Second Schedule to the principal Act shall continue to be used until replaced by such stamp as may be determined by the Board after the date of the coming into operation of this Act.

Upon the coming into operation of this Act—