What is ARCHITECTS ACT 1967?

*ARCHITECTS ACT 1967 is Malaysia Act, cited as Act 117 1967, currently marked in force and first recorded in 1967.

Is ARCHITECTS ACT 1967 still in force?

Yes — ARCHITECTS ACT 1967 is currently in force.

When did ARCHITECTS ACT 1967 take effect?

ARCHITECTS ACT 1967 was first recorded in 1967.

How many sections does ARCHITECTS ACT 1967 have?

ARCHITECTS ACT 1967 contains 73 sections.

Where can I read the official version of ARCHITECTS ACT 1967?

The official text of ARCHITECTS ACT 1967 is published at lom.agc.gov.my.

ARCHITECTS ACT 1967 (No. 117)

PRELIMINARY

Short title, commencement and application

Section 1

(1)

This Act may be cited as the Architects Act 1967.

(2)

This Act shall come into force on such date as the Minister may by notification in the Gazette appoint.

(3)

The Minister may by notification in the Gazette suspend the operation of this Act in any part of Malaysia.

Interpretation

Section 2

(1)

In this Act, unless the context otherwise requires—

“appointed date” means the date appointed under subsection 1(2);

“Architect” means a person registered under subsection 10(2);

10 Laws of Malaysia ACT 117

“architectural consultancy practice” means a sole proprietorship, partnership or body corporate incorporated under the Companies Act 1965 [Act 125], providing architectural consultancy services and registered by the Board under section 7A or 7B;

“architectural consultancy services” means the provision of architectural consultancy advice and services pertaining to all or any of the following:

(a)

submission of plans or drawings to any person or local authority in Malaysia;

(b)

conceptualization, research and development of any design for the built environment;

(c)

any survey, preparation of reports including environmental impact assessment reports, or investigation relating to the built environment;

(d)

project programming, construction and manufacturing programming, and product design;

(e)

planning and development services including interior design, financial advisory services, project management, contract administration and landscaping;

(f)

preparation of feasibility studies and cost estimates;

(g)

preparation of plans and other means of presentation;

(h)

all services in compliance with statutory requirements;

(i)

any other activities relating to the creation, preservation and enhancement of the built environment;

“Architectural Technologist” means a person registered under section 27W;

Architects Act 11

“authorized officer” means an officer authorized by the Board under paragraph 4(1)(eb);

“Board” means the Board of Architects Malaysia established by section 3;

“Building Authority” means any local authority required under any written law to approve building plans;

“Building Draughtsman” means─

(a)

a Building Draughtsman who, on or before 1 June 2015, is registered with the Board, or has been issued with a valid certificate of registration as provided in section 22

which has been deleted in subsection 23(1) of the

Architects (Amendment) Act 2015 [Act A1480]; or

(b)

a Building Draughtsman who, on or before 31

December 2015, is registered or deemed to be registered with the Board, or has been issued with a valid certificate of registration as provided in subsections 23(3) and (4) of the Architects (Amendment) Act 2015;

“foreign architect” means an architect who is not a citizen or permanent resident of Malaysia registered under section 10A;

“Graduate Architect” means a person registered under subsection 10(1);

“Graduate Interior Designer” means a person registered under subsection 27D(1);

“Inspector of Works” means a person registered under section 27M;

“Interior Designer” means a person registered under Part VA;

“interior design consultancy practice” means a sole proprietorship, partnership or body corporate incorporated under the Companies Act

12 Laws of Malaysia ACT 117 1965 [Act 125], providing interior design consultancy services and is registered by the Board under section 27E;

“interior design consultancy services” in relation to interior design works means those services provided in paragraph 27E(1)(b);’;

“Malaysian Institute of Interior Designers” includes any institute, body or society succeeding it and approved by the Minister;

“Pertubuhan Arkitek Malaysia” shall include any institute, body or society succeeding it and approved by the Minister;

“prescribed” means prescribed by rules made under section 35;

“professional engineering services” has the meaning assigned to it in the Registration of Engineers Act 1967;

“Public Authority” has the meaning assigned to it in the Federal

Constitution;

“Registrar” means a Registrar of Architects appointed under subsection 6(1).

(2)

For the avoidance of doubt, the definition of “Building

Draughtsman” shall be read together with section 23 of the Architects

(Amendment) Act 2015.

BOARD OF ARCHITECT MALAYSIA

Establishment of Board of Architects Malaysia

Section 3

(a)

a President who shall be appointed from among

Architects;

(b)

five Architects who are in the public service of the

Federation, States, local authority or statutory authority;

(c)

(Deleted by Act A1287);

(d)

ten Architects who have been in private Architects who have been in private practice for at least five years in

Malaysia, three of whom shall be from the nomination list submitted by the Council of the Pertubuhan Arkitek

Malaysia;

(e)

one member on the nomination of the Board of

Engineers from among members of that Board established under the Registration of Engineers Act 1967;

(f)

one member on the nomination of the Board of Quantity

Surveyors from among members of that Board established under the Quantity Surveyors Act 1967;

(g)

one member appointed from among

Building

Draughtsmen;

(h)

one member appointed from among Interior Designers who has been in private practice for at least five years in

Malaysia;

 NOTE─ A person who was a member of the Board appointed before 1 December 2002 shall, until he resigns or otherwise vacates his office or his appointment is revoked, continue to hold that office until the expiry of the period specified in his instrument of appointment─see subsection 41(1) of Act A1159.

14 Laws of Malaysia ACT 117

(i)

one member appointed from among Inspectors of Works with at least five years of relevant working experience;

and

(j)

one member appointed from among Architectural

Technologists with at least five years of relevant working experience.

(2A)

(Deleted by Act A1159).

(3)

A member of the Board shall unless he sooner resigns or otherwise vacates his office or his appointment is revoked hold office for a period as may be specified in the instrument appointing him and shall be eligible for reappointment.

(4)

If any member of the Board resigns or otherwise vacates his office or his appointment is revoked, a new member shall as soon as practicable be appointed in his place and the member so appointed shall hold office for the remainder of the term for which his predecessor was appointed.

(5)

Provisions of the Schedule shall have effect with respect to the

Board.

Functions of the Board

4. (1)

The functions of the Board shall be─

(a)

to keep and maintain a Register of Architects, Graduate

Architects, foreign architects and architectural consultancy practices, a

Register of

Building

Draughtsmen, a

Register of

Interior

Designers containing particulars of Interior Designers, Graduate

Interior Designers and interior design consultancy

NOTE─All applications, proceedings or other matter (except for proceedings under section 17A, 15A,

25 or 33) pending fore the Board before 1 December 2002 shall be dealt with by the Board in accordance with this Act as amended by Act A1159─ see subsection 41(4) of Act A1159.

Architects Act 15

practices, a Register of Inspectors of Works and a

Register of Architectural Technologists;

(b)

to approve or reject applications for registration under this Act or to approve any such application subject to such conditions or restrictions as it may deem fit to impose;

(c)

to order the issuance of written reprimand, the imposition of a fine, suspension or cancellation of registration, removal from or reinstatement into the

Registers specified in paragraph (a) in accordance with this Act;

(d)

to fix from time to time with the approval of the

Minister the scale of fees to be charged by Architects, architectural consultancy practices, Interior Designers, interior design consultancy practices and Building

Draughtsmen;

(dd)

Deleted by Act A1480.

(e)

to hear and determine disputes relating to professional conduct or ethics of Architects Graduate Architects,

Interior Designers, Building Draughtsmen, foreign architects, Graduate Interior Designers, Inspectors of

Works and Architectural Technologists and to appoint a committee, arbitrator or arbitrators to hear and determine such disputes;

(ea) to act as a stakeholder in a contract for architectural and interior design consultancy services, when requested;

(eb) to authorize any person to investigate the commission of any offence under this Act or any rules made under this

Act;

16 Laws of Malaysia ACT 117

(ec) to employ any person, as it deems necessary, to assist the Board in carrying out its functions, powers and duties subject to such terms and conditions as it may determine;

(f)

to determine and regulate the conduct and ethics of

Architects, Graduate Architects, Interior Designers,

Building Draughtsmen, foreign architects, Graduate

Interior Designers, Inspectors of Works, Architectural

Technologists, architectural consultancy practices and interior design consultancy practices;

(g)

to represent the profession in any matter in which it may be necessary or expedient and to examine and if thought fit to report upon current legislation and any other local matters submitted to it or to make recommendations to

Government or any Public or Building Authority or any institute, body or society for the time being representing the profession;

(ga) to appoint a council, consisting of such members of the board, Architects and other persons as may be determined by the Board, to conduct examinations for admission to the profession and other examinations as deemed necessary by the Board;

(gb) to appoint a council, consisting of such members of the

Board, Architects and other persons as may be determined by the Board, to advise and regulate all matters relating to architectural and interior design education including the certification and recognition of such programmes;

(h)

to appoint persons to represent it on any body or panel of examiners which may be appointed by any institute, body or society for the time being representing the profession and to make recommendations in relation to any examinations for qualification for admission to the profession;

Architects Act 17

(i)

to appoint members of the Board to sit on any board, committees or bodies formed for any purpose affecting the profession and to appoint members of the Board of

Quantity Surveyors in accordance with the relevant laws;

(j)

to provide scholarships and other facilities for the promotion of learning and education in connection with architecture, and to hold or cause to be held professional development programmes for Architects, Graduate

Architects, Interior Designers, Building Draughtsmen, foreign architects,

Graduate

Interior

Designers,

Inspectors of Works and Architectural Technologists to further enhance their knowledge in the latest developments relating to that profession;

(ja) to conduct activities for the promotion of the profession of

Architects,

Graduate

Architects,

Building

Draughtsmen, Interior Designers, Graduate Interior

Designers, Inspectors of Works and Architectural

Technologists; and

(k)

generally, to do all such acts, matters and things as are necessary to carry out the provisions of this Act.

(2)

Without prejudice to the general powers conferred by subsection (1) the Board shall have power─

(a)

to purchase or lease any land or building required for any of the purposes of the Board;

(b)

from time to time to borrow or raise money by bank overdraft or otherwise for the purposes specified in paragraph (a); and

(c)

to lease out, dispose of, or otherwise deal in any immovable property of the Board.

18 Laws of Malaysia ACT 117

REGISTRATION OF ARCHITECTS

Register of Architects, etc.

Section 5

The Register of Architects, Graduate Architects, foreign architects and architectural consultancy practices shall be in four sections, that is to say:

(a)

Section A─which shall contain the names, business addresses and other particulars of Architects;

(b)

Section B─which shall contain the names, addresses and other particulars of Graduate Architects;

(c)

Section C─which shall contain the names, addresses and other particulars of architectural consultancy practices;

and

(d)

Section D—which shall contain the names, addresses and other particulars of foreign architects.

Appointment and duties of Registrar

Section 6

(2)

The Registrar shall publish in either the Gazette or national newspaper, the name, address, registration number and other particulars of—

(a)

an Architect or Graduate Architect whose registration has been—

Architects Act 19

(i)

by an order of the Disciplinary Committee cancelled under section 34A or subsection 15A(2); or

(ii)

reinstated under section 17;

(b)

an architectural consultancy practice whose registration has been—

(i)

by an order of —

(A)

the Disciplinary Committee cancelled under section 34A or paragraph 7A(5)(dd);or

(B)

the Board cancelled under subsection 7B(3);or

(ii)

reinstated under section 17 or subsection 7A(8);

(c)

a Building Draughtsman whose registration has been—

(i)

by an order of the Disciplinary Committee cancelled under section 34A or subsection 25(2);or

(ii)

reinstated under section 26A;

(d)

an Interior Designer whose registration has been─

(i)

by an order of the Disciplinary Committee cancelled under section 34A or subsection 27G(2);

or

(ii)

reinstated under section 27I;

(e)

an interior design consultancy practice whose registration has been—

20 Laws of Malaysia ACT 117

(i)

by an order of the Disciplinary Committee cancelled under section 34A or paragraph 27E(5)(dd); or

(ii)

reinstated under section 27I or subsection 27E(8);

(f)

an Inspector of Works whose registration has been—

(i)

by an order of the Disciplinary Committee cancelled under section 34A or paragraph 27P(2)(d); or

(ii)

reinstated under section 27R; and

(g)

an Architectural Technologist whose registration has been—

(i)

by an order of the Disciplinary Committee cancelled under section 34A or paragraph 27Y(2)(d); or

(ii)

reinstated under section 27ZA.

(2A)

The publication under subsection (2) shall be made—

(a)

as soon as possible after the order of the Disciplinary

Committee is made, if there is no appeal to the Appeal

Board or Minister against that order; or

(b)

as soon as possible after the order of the Disciplinary

Committee is confirmed by the Appeal Board or

Minister, if there is an appeal filed against that order;

(3)

In any proceedings, a certificate of registration issued by the

Board shall be conclusive proof that the person, sole proprietorship, partnership or body corporate named in the certificate of registration—

(a)

in the case of the person, the person is an Architect, a

Graduate Architect, a foreign architect, a Building

Architects Act 21

Draughtsman, an Inspector of Works, an Architectural

Technologist, an Interior Designer, or a Graduate

Interior Designer;

(b)

in the case of the sole proprietorship, the sole proprietor is an Architect, an Interior Designer, an architectural consultancy practice rendering architectural consultancy services, or an interior design consultancy practice rendering interior design consultancy services;

(c)

in the case of the partnership—

(i)

the partners are Architects or Interior Designers;

or

(ii)

it is an architectural consultancy practice rendering architectural consultancy services, or an interior design consultancy practice rendering interior design consultancy services; and

(d)

in the case of the body corporate, it—

(i)

has a board of directors comprising persons who are Architects or Interior Designers;

(ii)

is an architectural consultancy practice rendering architectural consultancy services, or an interior design consultancy practice rendering interior design consultancy services; or

(iii)

has shares held by members of the board of directors mentioned in subparagraph (i) solely or with—

(A)

any other persons who are Architects or

Interior Designers; or

22 Laws of Malaysia ACT 117

(B)

an architectural consultancy practice rendering architectural consultancy services, or an interior design consultancy practice rendering interior design consultancy services.

(4)

The Registrar may annually publish and offer for sale copies of the Registers specified in paragraph 4(1)(a).

Restrictions on unregistered persons

Section 7

No person shall unless he is an Architect—

(a)

be entitled to set up an architectural consultancy practice to render architectural consultancy services subject to section 7A;

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

(i)

bearing the words “Architect” or the equivalent thereto in any other language; or

(ii)

bearing any other word whatsoever in any language which may reasonably be construed to imply that he is an Architect;

(b)

use or display any sign, board, card or other device representing or implying that he is an Architect;

(ba) be entitled to describe himself as “an Architect” and to use the abbreviation “Ar.” before his name; or

(c)

be entitled to recover in any court any fee, charge, remuneration or other form of consideration for any architectural consultancy services rendered as an

Architect.

(2)

(Deleted by Act A1480).

Architects Act 23

Architectural consultancy practice

7A. (1) An Architect shall not, unless registered as a sole proprietorship, a partnership or a body corporate and has been issued with a certificate of registration—

(a)

be entitled to set up an architectural consultancy practice to render architectural consultancy services; and

(b)

recover in any court any fee, charge, remuneration or other form of consideration for architectural consultancy services rendered as an architectural consultancy practice.

(2)

Every application by a sole proprietorship, partnership or body corporate for registration as an architectural consultancy practice shall be made to the Board in the manner to be determined by the Board and shall be accompanied by the prescribed fee.

(3)

The Board shall register a sole proprietorship, partnership or body corporate as an architectural consultancy practice, subject to such conditions and restrictions as it may deem fit to impose, if—

(a)

in the case of the sole proprietorship, the sole proprietor is an Architect;

(b)

in the case of the partnership, all the partners are

Architects; or

(c)

in the case of the body corporate—

(i)

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

NOTE—All proceedings pending before the Disciplinary Committee or Board under this section before 1 December 2002 shall be continued as if this Act had not been amended by Act A1159 – see subsection 41(5) of Act A1159.

24 Laws of Malaysia ACT 117

(ii)

it has shareholdings as may be prescribed by the

Board;

(iii)

it has a minimum paid-up capital which shall be an amount as may 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—

(A)

is an Architect; and

(B)

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

(4)

An architectural consultancy practice shall, within thirty days of the occurrence of any change of its sole proprietorship, or the composition of its partners, board of directors or shareholders, furnish to the Board a true report in writing giving full particulars of the change and obtain the Board’s approval on the latest composition or type of architectural consultancy practice.

(5)

If the Disciplinary Committee finds that—

(a)

the architectural consultancy practice or sole proprietor or any partner, director or shareholder has breached, or failed to comply with or carry out, any of the terms, conditions or restrictions imposed by the Board upon registration of that architectural consultancy practice; or

(b)

(Deleted by Act A1480).

Architects Act 25

(c)

(Deleted by Act A1480).

(d)

the sole proprietor or any partner, director, shareholder or employee of an architectural consultancy practice, whether or not such person is registered under this Act, has committed, or is guilty of, or has contributed to, any of the acts or things set out in—

(i)

15A(2)(a) to (l) or (o) to (p); or

(ii)

section 33, the Disciplinary Committee may, subject to subsection (6), by written notice to the architectural consultancy practice, order—

(aa) the issuance of a written reprimand to;

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

(cc)

the suspension of the registration for a period not exceeding two years of;

(dd)

the cancellation of the registration of; or

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

(aa) to (dd) on, the architectural consultancy practice.

(6)

(a)

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 paragraph (5)(a) or subparagraph (5)(d)(ii)

unless—

(i)

there has been a hearing conducted by the Disciplinary

Committee of the grounds of complaint against the architectural consultancy practice, sole proprietor or any

26 Laws of Malaysia ACT 117

of its partners, directors, shareholders or employees who has caused, contributed or been a party to, the grounds of complaint; and

(ii)

an opportunity to be heard by a representative appointed in writing or by counsel in the case of an architectural consultancy practice, or in person or by counsel in the case of a sole proprietor or any partner, director, shareholder or employee, has been given to such architectural consultancy practice, sole proprietor, partner, director, shareholder or employee, as the case may be.

(aa) Notwithstanding paragraph

(a)

, the

Disciplinary

Committee may make an order under paragraphs (5)(cc)

or (dd) if the Disciplinary Committee has under subsection 15A(2)

suspended or cancelled the registration of—

(i)

a sole proprietor;

(ii)

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

(iii)

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

(b)

In any case where the grounds of complaint are based upon paragraph (5)(d), the Disciplinary Committee shall not make an order under paragraphs (5)(aa) to (ee) if, on the date of hearing, such architectural consultancy practice satisfies the Disciplinary Committee—

(i)

that the partner, director, shareholder or employee who has committed, or is guilty of, or has contributed to, such act or thing as forms the grounds for the complaint has ceased to be a partner, director, shareholder or employee of such architectural consultancy practice;

Architects Act 27

(ii)

that notwithstanding that such partner, director, shareholder or employee has ceased to be a partner, director, shareholder or employee, such architectural consultancy practice is able to comply with all the terms, conditions and restrictions imposed by the

Board pursuant to section 7B or subsection (3); and

(iii)

that no other partner, director, shareholder or employee of such architectural consultancy practice was, otherwise than by being its partner, director, shareholder or employee at the material date, in any way a party to, or connected with, the act or thing which forms the grounds for the complaint.

(7)

Upon the Disciplinary Committee suspending or cancelling the registration of an architectural consultancy practice pursuant to paragraph (5)(cc) or (dd), respectively, the architectural consultancy practice shall cease to exercise any right or privilege conferred upon it under the registration, but it shall be entitled to recover in any court any fee, charge, remuneration or other form of consideration for architectural consultancy services rendered by it prior to the date of receipt of the written notice from the Disciplinary Committee suspending or cancelling its registration.

(8)

(a)

Without prejudice to section 17, the Board may at any time upon receipt of an application from an architectural consultancy practice whose registration has been suspended or cancelled pursuant to paragraph (5) (cc) or (dd), respectively, reinstate its registration if it is satisfied that—

(i)

the reason which led to the suspension or cancellation of its registration no longer exists; and

(ii)

the architectural consultancy practice, at the time of such application, complies with the terms, conditions and restrictions imposed by the Board pursuant to section 7B or subsection (3) at the time of the original registration.

28 Laws of Malaysia ACT 117

(b)

In reinstating the registration under paragraph (a) the

Board may impose such additional terms, conditions and restrictions as it thinks fit.

(9)

There shall be no appeal against—

(a)

any refusal of the Board to register a sole proprietorship, partnership or body corporate as an architectural consultancy practice ; or

(b)

any terms, conditions or restrictions imposed by the

Board at the time of registration.

(10)

This section shall not apply to an Architect who submits a plan for a building wholly owned by the Architect.

(11)

(Deleted by Act A1159).

(12)

(Deleted by Act A1159).

A body corporate providing a combination of services comprising architectural consultancy services, professional engineering services or quantity surveying services

Section 7B

(2)

The body corporate that applies for registration under subsection (1) must be incorporated under the Companies Act 1965

and—

(a)

has a board of directors comprising Architects,

Professional Engineers with Practising Certificates or

Consultant Quantity Surveyors;

Architects Act 29

(b)

has shares held by the persons mentioned in paragraph

(a)

and any of the following persons or bodies corporate where—

(i)

the Architects, Professional Engineers with

Practising

Certificate,

Consultant

Quantity

Surveyors, bodies corporate providing architectural consultancy services, bodies corporate providing professional engineering services or bodies corporate practising as

Consulting Quantity Surveying Practice hold a minimum combined share of 70% of the overall equity of that body corporate, of which the

Architects or bodies corporate providing architectural consultancy services hold a minimum share of 10%; and

(ii)

any other persons, including persons belonging to a profession allied to architecture, engineering or quantity surveying, being a profession approved in writing by the board regulating the profession of architecture, engineering or quantity surveying, respectively, hold a maximum share of 30%, of the overall equity of the body corporate; and

(c)

has a minimum paid-up capital which shall be an amount to be determined by the Minister.

(3)

Notwithstanding paragraph 7A(5)(b), where in a body corporate registered under subsection (1)—

(a)

the minimum shareholdings of an Architect or body corporate providing architectural consultancy services is less than the percentage stipulated in subparagraph

(2)

(b)

(i); or

30 Laws of Malaysia ACT 117

(b)

the minimum combined shareholdings of an Architect,

Professional Engineer with Practising Certificate,

Consultant Quantity Surveyor, body corporate providing architectural consultancy services, body corporate providing professional engineering services and/or body corporate practising as Consulting Quantity Surveying

Practice is less than the percentage stipulated in subparagraph (2)(b)(i), that body corporate shall, as soon as possible but not later than three months after such change in shareholdings or within any extended period of time as may be approved by the Board, increase the respective shareholdings so as to comply with the percentage as stipulated in subparagraph (2)(b)(i), and if that body corporate fails to do so within the stipulated time, the Board shall cancel its registration under this Act.

(4)

(Deleted by Act A1480).

(5)

In this section─

(a)

“Consultant Quantity Surveyor” and “Consulting

Quantity Surveying Practice” have the same meaning assigned to it in the Quantity Surveyors Act 1967 [Act 487]; and

(b)

“Professional Engineer with Practising Certificate” has the same meaning assigned to it in the Registration of

Engineers Act 1967 [Act 138].

Entitlement

Section 8

(2)

Nothing contained in any other written law shall prevent any

Architect, foreign architect or architectural consultancy practice from—

(a)

making valuations of buildings and structures, and of plants, machinery and equipment related to the buildings or structures connected with his or its professional practice;

(b)

preparing and submitting applications for planning approvals, conversions, subdivisions and amalgamation layout drawings;

(c)

preparing and submitting applications for planning approvals, conversions, subdivisions and amalgamation layout drawings;

(d)

preparing planning reports for any person or authority in

Malaysia.

(3)

Nothing in subsections (1) and (2) shall affect the right of any quantity surveyor, engineer, licensed land surveyor, valuer, appraiser and any other professionals for the time being registered under the relevant laws relating to such professions, to carry out any activity connected with his professional practice.

Section 9

Architects Act 31

(Deleted by Act A1480).

Section 10

Qualifications for registration of Architects, etc.

(b)

Subject to this Act, a person who is registered as a Graduate

Architect under paragraph (a) shall be required to obtain such

32 Laws of Malaysia ACT 117

practical experience and to pass the examinations as may be determined by the Board in order to be entitled to apply for registration as an Architect under subsection (2).

(2)

Subject to this Act, the following persons shall be entitled on application to be registered under Section A of the Register as

Architects:

(a)

any person who—

(i)

is a Graduate Architect who has obtained the practical experience and passed the examinations as may be determined by the Board under paragraph (1)(b);

(ii)

is a Corporate Member of the Pertubuhan

Arkitek Malaysia.

(b)

(Delected by Act A1159).

(c)

(Deleted by Act A1159).

(d)

(Deleted by Act A1159).

(e)

(Deleted by Act A1159).

(2A)

Subject to this Act, any person whose name has been removed from the Register under paragraph 16(b) and has not applied for reinstatement within five years from the date of such removal shall be entitled on application to be registered under Section A of the

Register if such person has fulfilled the requirements mentioned in paragraph (2)(a) and any other requirements as may be determined by the Board.

(3)

Subject to this Act, any person may qualify for registration as a

Graduate Architect or Architect and no person shall be entitled to be registered as an Architect unless he is at the time of application for registration, and has been for a period of not less than six months prior to the date of application, residing in Malaysia.

Architects Act 33

(4)

No person shall be entitled to be registered as an Architect if at any time prior to his registration there exists any facts or circumstances which would have entitled the Disciplinary Committee to cancel his registration pursuant to subsection 15A(2).

(5)

Subsections 17(3) and 28(1) shall apply mutatis mutandis to any person whose application for registration has been rejected pursuant to subsection (4).

Registration of foreign architects

Section 10A

(2)

A foreign architect may be considered for registration if he satisfies the Board that—

(a)

he possesses the necessary qualification which is recognized for the practice of architecture as an architect in his country of origin; and

(b)

he possesses the necessary expertise and his physical presence is required in Malaysia for not less than one hundred and eighty days in one calendar year or he is a resident representative of the foreign component of a joint-venture.

(3)

The Board may approve the registration of a foreign architect for a period not exceeding one calendar year and may renew such registration as it deems fit.

(4)

Any foreign architect dissatisfied with the decision of the

Board to reject his application for registration or the renewal thereof under this section may, within twenty-one days of being notified of

34 Laws of Malaysia ACT 117

the rejection, appeal to the Minister whose decision thereon shall be final and shall not be subject to appeal.

(5)

A foreign architect registered under section 10 on or before the commencement of this section shall remain registered until the expiry of his registration.

(6)

A foreign architect whose registration has expired may apply for registration subject to the provisions of this section.

(7)

(Deleted by Act A1480).

Section 11

(Deleted by Act A130).

Section 12

Application for registration of Architects, etc.

Application for registration of Architects, Graduate Architects, foreign architects and architectural consultancy practice shall be made to the Board in such manner as may be determined by the

Board and accompanied by the prescribed fee.

Section 13

Certificate of registration of Architects, etc.

(2)

The registration 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.

Architects Act 35

Notification of change of address of Architects, etc.

Section 14

Every Architect, Graduate Architect, foreign architect and architectural consultancy practice shall notify the Registrar of any change in his or its business address.

Section 15

(Deleted by Act A1159).

Powers to investigate and appointment of

Disciplinary

Section 15A

Committee

(a)

not more than three members of the Board to investigate any misconduct or complaint made against any

Architect, Graduate Architect, foreign architect or architectural consultancy practice; and

(b)

a Disciplinary Committee comprising not more than five members of the Board, not being the members of the

Board appointed under paragraph (a), to conduct a hearing of any misconduct or complaint referred to the

Disciplinary Committee by the members of the Board appointed under paragraph (a).

(2) The Disciplinary Committee may order the issuance of a written reprimand to, the imposition of a fine not exceeding one

NOTE—All proceedings pending before the Disciplinary Committee or Board before 1 December 2002

shall be continued as if this Act had not been amended by Act A1159–see subsection 41(5) of Act

A1159.

36 Laws of Malaysia ACT 117

hundred thousand ringgit on, the suspension for a period not exceeding three years of, the cancellation of the registration of, any

Architect, Graduate Architect or foreign architect or any combination of two or more of the aforesaid, under any of the following circumstances:

(a)

if he offers or accepts any 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 without disclosing the fact in writing to his client, is a sole proprietor, partner, director or member of or substantial shareholder in or agent for any contracting or manufacturing company or firm or business or has any financial interest in that company or firm or business with which he deals on behalf of his client;

(c)

if his registration under this Act has been obtained by fraud or misrepresentation;

(d)

if he is found guilty by the Disciplinary Committee of any 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 of the provisions of this Act or any rules made thereunder;

(f)

if he fails to observe any conditions or restrictions subject to which he is registered;

(g)

if he procures, or assists in procuring, or is knowingly a party to procuring, by fraud or misrepresentation the approval of the Board for a sole proprietorship, partnership or body corporate to be registered as an architectural consultancy practice;

(h)

if he conceals or assists in concealing from the Board or the Disciplinary Committee the existence of any fact or

Architects Act 37

circumstances which, if known, would entitle the

Disciplinary Committee to cancel the registration of a sole proprietorship, partnership or body corporate, in which he is a sole proprietor, partner, director or shareholder, as an architectural consultancy practice;

(i)

if he contravenes, or fails to perform, or assists in the contravention of, any term, condition or restriction imposed by the Board when registering a sole proprietorship, partnership or body corporate as an architectural consultancy practice under section 7B or subsection 7A(3);

(j)

if he causes or permits or suffers any sole proprietorship, partnership or body corporate in which he is a sole proprietor, partner, director or shareholder to practise as an architectural consultancy practice prior to its registration by the Board;

(k)

if he causes or permits or suffers any architectural consultancy practice in which he is a sole proprietor, partner, director or shareholder to continue to practise as an architectural consultancy practice after the

Disciplinary Committee has suspended or cancelled its registration under paragraph 7A(5)(cc)

or

(dd)

, respectively;

(l)

if he is convicted of any offence , including offences involving false or negligent certification, fraud, dishonesty or moral turpitude in Malaysia or elsewhere;

(m)

if his qualification under section 10 has been withdrawn or cancelled by the Authority through which it was acquired or by which it was awarded;

(n)

if he is found to be of unsound mind;

(o)

if he becomes a bankrupt; or

38 Laws of Malaysia ACT 117

(p)

if he is found to be incapable or no longer able to perform his professional duties.

(3)

The Disciplinary Committee shall not make any order under subsection (2), based upon any of the circumstances set out in paragraphs (2)(a) to (k), or paragraph (2)(p), unless an opportunity of being heard either personally or by counsel has been given to the

Architect, Graduate Architect or foreign architect against whom the

Disciplinary Committee intends to make the order.

(4)

The members of the Board appointed under paragraph (1)(a)

may, for the purpose of an investigation—

(a)

require any person, including a sole proprietor, partner, director, manager, secretary or employee, to attend before him and give evidence on oath or affirmation, and those members of the Board may administer the oath; and

(b)

require such person to produce any book, document or paper relating to the subject matter of the investigation which is in the custody of that person or under his control.

(5)

Upon completion of his investigation, the members of the

Board appointed under paragraph (1)(a) shall submit a report together with his recommendations, if any, to the Disciplinary Committee for its consideration.

(6)

A person, including a sole proprietor, partner, director, manager, secretary or employee, shall, unless with reasonable excuse—

(a)

attend and give evidence when required to do so;

(b)

answer truthfully and fully any question put to him in connection with the investigation; or

(c)

produce any book, document or paper required of him, by the members of the Board appointed under paragraph (1)(a).

Architects Act 39

Section 15B

(Deleted by Act A1159).

Section 16

Removal from Register of Architects, etc.

(a)

any Architect, Graduate Architect or foreign architect who has died, or architectural consultancy practice which has ceased to practise;

(b)

any Architect, Graduate Architect, foreign architect or architectural consultancy practice who has failed to renew his or its registration within one month of the expiry of the registration;

(c)

any Architect, Graduate Architect or foreign architect whose registration has been cancelled under section 34A or subsection 15A(2), or architectural consultancy practice whose registration has been cancelled under section 34A, subsection 7B(3) or paragraph 7A(5)(dd); or

(d)

any Architect, Graduate Architect, foreign architect or architectural consultancy practice whose registration has been effected by reason of any mistake or error made by the

Board in considering his or its application for registration.

Reinstatement into Register of Architects, etc.

Section 17

(2)

Any Architect, Graduate Architect, foreign architect or architectural consultancy practice whose name has been removed from the Register of Architects, Graduate Architects, foreign Architects and architectural consultancy practices for failure to renew his or its registration shall be reinstated as soon as may be after he or it has notified the Registrar, within five years of such removal, of his or its desire to be reinstated and upon payment of such fees as may be prescribed, and upon satisfying such conditions as may be imposed by the Board, and the Registrar shall issue a certificate of registration to him or it;

(3)

Any Architect, Graduate Architect, foreign architect or architectural consultancy practice whose name has been removed from the Register of Architects, Graduate Architects, foreign architects and architectural consultancy practices pursuant to an order of the Board or the Disciplinary Committee and who has not appealed against that order or whose appeal has been dismissed may after the expiration of not less than two years from the date of the order of cancellation or from the date of the decision of the appeal apply for reinstatement. The Board upon receipt of satisfactory evidence of proper reasons for his or its reinstatement and upon reimbursement to it of all expenditure incurred by it arising out of the proceedings leading to cancellation of his or its registration and upon payment of the prescribed fee, shall issue a certificate of registration to him or it.

Certificates of registration of Architects, etc. to be returned

Section 18

Any Architect, Graduate Architect, foreign architect or architectural consultancy practice whose name is removed from the

Register of Architects, Graduate Architects, foreign Architects and architectural consultancy practices shall within fourteen days after notification to him or it by registered post of the removal, surrender to the Board the certificate of registration issued to him or it under this Act.

Architects Act 41

Section 19

(Omitted).

Section 20

Restrictions on unregistered Building Draughtsmen

No person shall, unless he is a Building Draughtsman—

(a)

practise or carry on business as a Building Draughtsman;

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

(i)

bearing the words “Building Draughtsman” or the equivalent thereto in any other language; or

(ii)

bearing any other word whatsoever in any language which may reasonably be construed to imply that he is a

Building Draughtsman;

(b)

use or display any sign, board, card or other device representing or implying that he is a Building Draughtsman;

or

(c)

be entitled to recover in any court any fee, charge, remuneration or other form of consideration for any advice or services rendered as a Building Draughtsman.

Register of Building Draughtsmen

Section 21

For the purpose of this Part there shall be a Register of Building

Draughtsmen which shall contain the names, addresses and other particulars (including restrictions that may be imposed under section

24) of Building Draughtsmen.

42 Laws of Malaysia ACT 117

Registration

22. (Deleted by Act A1480).

Notification of change of address of Building Draughtsmen

Section 23

Every Building Draughtsman shall notify the Registrar of any change in his business address.

Section 24

Restrictions on Building Draughtsmen

(a)

he may submit plans only to, and within the limits of, the Building Authority for which area his application for registration has been approved; and

(b)

he shall be entitled to submit plans of buildings in accordance with the restrictions specified in subsection

(5)

as may be imposed by the Board, or such other restrictions as the Board deems fit.

(2)

The Board may at any time on the application of a Building

Draughtsman vary the restrictions for the time being imposed upon him pursuant to subsection (1) by substituting therefor the alternative restriction prescribed by subsection (5) or such other restrictions as the Board deems fit, or by adding thereto or deleting therefrom any

Building Authority specified under paragraph (1)(a).

(3)

No person who is employed by a limited company, building contractor, manufacturer or commercial firm shall be entitled to be registered under this Part.

NOTE – For the purposes of subsections 22(2) and (3), it shall be treated as if section 22 of the Act is not deleted. ─ see Section 23 of Architects (Amendment) Act 2015 [Act A1480/2014].

Architects Act 43

(4)

No Building Draughtsman shall practise under the name of a limited company or under the protection of limited liability.

(5)

Subject to paragraph (1)(b), the Building Draughtsman shall be entitled to submit to the Building Authority for approval of any plans of buildings not exceeding two-storeys in height providing that the total built-up floor area does not exceed three hundred square metres in any one or series of project in the same development by the same client.

Cancellation of registration, etc., of Building Draughtsman

25. (1)

The Board shall appoint─

(a)

a member of the Board to investigate into any misconduct or complaint made against any Building

Draughtsman; and

(b)

a Disciplinary Committee comprising three members of the Board, including a Board member who is a Building

Draughtsman, not being a person appointed under paragraph (a), to conduct a hearing of any misconduct or complaint referred to it by the member of the Board appointed under paragraph (a).

(2)

The Disciplinary Committee may order the following penalty or a combination of any of the following:

(a)

issuance of a written reprimand to;

(b)

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

NOTE—All proceedings pending before the Board before 1 December 2002 shall be continued as if this Act had not been amended by Act A1159–see subsection 41(5) of Act A1159.

44 Laws of Malaysia ACT 117

(c)

the suspension for a period not exceeding three years on;

or

(d)

the cancellation of the registration of, any Building Draughtsman under any of the following circumstances:

(aa) if he is convicted of any offence, including offences involving false or negligent certification, fraud, dishonesty or moral turpitude;

(bb) if in his capacity as a Building Draughtsman, he fails to disclose in writing to his client that—

(i)

he is a sole proprietor of, partner in, director of, member of, substantial shareholder in or agent for, any contracting company, manufacturing company, firm or business; or

(ii)

he has any financial interest in that contracting, manufacturing company, firm or business, with which he deals on behalf of his client;

(cc)

if his registration under this Act has been obtained by fraud or misrepresentation;

(dd)

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

(ee) if he breaks any conditions or restrictions imposed upon him by virtue of paragraph 4(1)(b) or under section 24;

(ff) if he is found to be of unsound mind;

(gg) if he is found to be incapable or is no longer able to perform his professional duties effectively;

(hh) if he becomes a bankrupt;

Architects Act 45

(ii)

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

Disciplinary Committee is infamous or disgraceful; or

(jj) if he is found by the Disciplinary Committee to have contravened or failed to comply with any of the provisions of this Act or of any rules made thereunder.

(3)

The Disciplinary Committee shall not make any order under paragraphs (2)(a) to (d), based upon any of the circumstances set out in paragraphs (2)(bb) to (ee), paragraph (gg), (ii) or (jj), unless an opportunity of being heard either personally or by counsel has been given to the Building Draughtsman against whom the Disciplinary

Committee intends to make the order.

(4)

The member of the Board appointed under paragraph (1)(a)

may, for the purpose of an investigation─

(a)

require any person, including a sole proprietor, partner, director, manager, secretary or employee, to attend before him and give evidence on oath or affirmation, and that member may administer the oath; and

(b)

require such person to produce any book, document or paper relating to the subject matter of the investigation which is in the custody of that person or under his control.

(5)

Upon completion of his investigation, the member of the

Board appointed under paragraph (1)(a) shall submit a report together with his recommendations, if any, to the Disciplinary Committee for its consideration.

(6)

Any person dissatisfied with an order of the Disciplinary

Committee under this section may within twenty-one days of being notified if such order appeal to the Minister whose decision thereon shall be final.

46 Laws of Malaysia ACT 117

Removal from Register of Building Draughtsmen

Section 26

There shall be removed from the Register of Building

Draughtsmen the name and other particulars of any Building

(a)

who has died;

(b)

who has failed to renew his registration within one month of the expiry of the registration;

(c)

whose registration has been cancelled under section 34A or subsection 25(2); or

(d)

whose registration has been effected by reason of any mistake or error made by the Board in considering his application for registration.

Reinstatement into Register of Building Draughtsmen

Section 26A

Draughtsman—

(2)

Any Building Draughtsman whose name has been removed from the Register of Building Draughtsmen for failure to renew his registration shall be reinstated as soon as may be after he has notified the Registrar, within five years of such removal, of his desire to be reinstated and upon payment of such fees as may be prescribed and upon satisfying such conditions as may be imposed by the Board, and the Registrar shall issue a certificate of registration to him.

(3)

Any Building Draughtsman whose name has been removed from the Register of Building Draughtsmen pursuant to an order of the Board and who has not appealed against that order or whose appeal has been dismissed may after the expiration of not less than two years from the date of the order of cancellation or from the date

Architects Act 47

of the decision of the appeal apply for reinstatement. The Board upon receipt of satisfactory evidence of proper reasons for his reinstatement and upon reimbursement to it of all expenditure incurred by it arising out of the proceedings leading to the cancellation of his registration and upon payment of the prescribed fee, shall issue a certificate of registration to him.

Certificates of Building Draughtsmen to be returned

Section 27

Any Building Draughtsman whose name has been removed from the Register of Building Draughtsmen under this Part shall, within fourteen days after notification to him by registered post of the removal, surrender to the Board the certificate of registration issued to him under this Part.

PART VA

SPECIAL PROVISIONS RELATING TO INTERIOR DESIGNERS

Section 27A

Restrictions on unregistered Interior Designers

No person shall, unless he is an Interior Designer—

(a)

be entitled to set up an interior design consultancy practice to render interior design consultancy services;

(b)

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

(i)

bearing the words ‘Interior Designer’ or the equivalent thereto in any language; or

(ii)

bearing any other word whatsoever in any language which may reasonably be construed to imply that he is an Interior Designer;

48 Laws of Malaysia ACT 117

(c)

use or display any sign, board, card or other device representing or implying that he is an Interior Designer;

or

(d)

be entitled to recover in any court any fee, charge, remuneration or other form of consideration for any advice or services rendered as an Interior Designer.

Register of Interior Designers

Section 27B

For the purpose of this Part, there shall be a Register of Interior

Designers which shall contain the names, addresses and other particulars of Interior Designers, Graduate Interior Designers and interior design consultancy practices.

Section 27C

Registration of Interior Designers, etc.

(2)

Any application for registration shall be made to the Board in such manner as may be determined by the Board and accompanied by the prescribed fee.

(3)

The Registrar shall upon receipt of the prescribed fee issue to any person whose application has been approved by the Board a certificate of registration in the prescribed form, expiring on the 31st

December of the year in which it is issued.

(4)

The registration 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.

Architects Act 49

Qualifications for registration of Interior Designers, etc.

Section 27D

(2)

A person who is registered as a Graduate Interior Designer under subsection (1) shall be required to obtain such practical experience and to pass the examinations as may be determined by the

Board in order to be entitled to apply for registration as an Interior

Designer under subsection (3).

(3)

A person who—

(a)

is a Graduate Interior Designer and has obtained the practical experience and passed the examinations as may be determined by the Board under subsection (2); or

(b)

is a Corporate Member of the Malaysian Institute of

Interior Designers or has obtained membership of a professional institute or body which the Board considers to be equivalent to the Malaysian Institute of Interior

Designers, shall be entitled on application to be registered as an Interior

Designer.

(4)

A person who is registered under subsection 10(2) as an

Architect and under section 7A as an architectural consultancy practice shall be entitled to be registered as an interior design consultancy practice.

Interior Design consultancy practice

Section 27E

(a)

recover in any court any fee, charge, remuneration or other form of consideration for interior design consultancy services rendered as an interior design consultancy practice; and

(b)

provide interior design consultancy services for interior works involving any but without prejudice to the generality of the following:

(i)

consultation, advice, direction, evaluation, budgetary estimate and appraisal;

(ii)

schematic interior design plans, design development and project programming;

(iii)

preparation of contract documents including working drawings, construction details and technical specifications;

(iv)

contract administration, supervision and certification of payment and progress of works;

and

(v)

any other activities relating to the creation, preservation and enhancement of the interior environment including the following:

(A)

any changes on the building structure;

(B)

any changes to an existing building layout;

(C)

building or statutory codes; and

(D)

health and safety issues.

(2)

Every application by a sole proprietorship, partnership or body corporate for registration as an interior design consultancy practice shall be made to the Board in the manner to be determined by the Board and shall be accompanied by the prescribed fee.

Architects Act 51

(3)

The Board shall register a sole proprietorship, partnership or body corporate as an interior design consultancy practice, subject to such conditions and restrictions as it may deem fit to impose, if—

(a)

in the case of the sole proprietorship, the sole proprietor is an Interior Designer;

(b)

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

Designers; or

(c)

in the case of the body corporate, it—

(i)

has a board of directors comprising persons who are

Interior Designers or Architects;

(ii)

has shares held by members of the board of directors mentioned in subparagraph (i) solely or with any other persons who are Interior Designers or Architects; and

(iii)

has a minimum paid-up capital which shall be an amount to be determined by the Board.

(4)

An interior design consultancy practice shall, within thirty days of the occurrence of any change of its sole proprietorship, or the composition of its partners, board of directors or shareholders, furnish to the Board a true report in writing giving full particulars of the change.

(5)

If the Disciplinary Committee finds that—

(a)

the interior design consultancy practice or sole proprietor or any partner, director or shareholder has breached, or failed to comply with or carry out, any of the terms, conditions or restrictions imposed by the Board upon registration of that interior design consultancy practice;

52 Laws of Malaysia ACT 117

(b)

the composition of the partners, board of directors or shareholders of the interior design consultancy practice does not comply with subsection (3);

(c)

the interior design consultancy practice had breached any of the requirements of subsection (4); or

(d)

the sole proprietor or any partner, director, shareholder or employee of an interior design consultancy practice, whether or not such person is registered under this Act, has committed, or is guilty of, or has contributed to, any of the acts or things set out in—

(i)

paragraph 27G(2)(aa); or

(ii)

section 33, or paragraphs 27G(2)(bb) to (jj), the Disciplinary Committee may, subject to subsection (6), by written notice to the interior design consultancy practice, order—

(aa) the issuance of a written reprimand to;

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

(cc)

the suspension of the registration for a period not exceeding three years of;

(dd)

the cancellation of the registration of; or

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

(aa) to (dd) on, the interior design consultancy practice.

(6)

(a)

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) or (c), or subparagraph

(5)

(d)

(ii) unless—

Architects Act 53

(i)

there has been a hearing conducted by the Disciplinary

Committee of the grounds of complaint against the interior design consultancy practice, sole proprietor or any of its partners, directors, shareholders or employees who has caused, contributed or been a party to, the grounds of complaint; and

(ii)

an opportunity to be heard by a representative appointed in writing or by counsel in the case of an interior design consultancy practice, or in person or by counsel in the case of a sole proprietor or any partner, director, shareholder or employee, has been given to such interior design consultancy practice, sole proprietor, partner, director, shareholder or employee, as the case may be.

(b)

Notwithstanding paragraph (a), the Disciplinary Committee may make an order under paragraphs (5)(aa) to (ee) if the Board has under subsection 27G(2) suspended or cancelled the registration of—

(i)

a sole proprietor;

(ii)

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

(iii)

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

(c)

In any case where the grounds of complaint are based upon paragraph (5)(d), the Disciplinary Committee shall not make an order under paragraphs (5)(aa) to (ee) if, on the date of hearing, such interior design consultancy practice satisfies the Disciplinary

Committee—

(i)

that the partner, director, shareholder or employee who has committed, or is guilty of, or has contributed to, such act or thing which forms the grounds for the complaint has ceased to be a partner, director,

54 Laws of Malaysia ACT 117

shareholder or employee of such interior design consultancy practice;

(ii)

that notwithstanding that such partner, director, shareholder or employee has ceased to be a partner, director, shareholder or employee, such interior design consultancy practice is able to comply with all the terms, conditions and restrictions imposed by the Board pursuant to subsection (3); and

(iii)

that no other partner, director, shareholder or employee of such interior design consultancy practice was, otherwise than by being its partner, director, shareholder or employee at the material date, in any way a party to, or connected with, the act or thing which forms the grounds for the complaint.

(7)

Upon the Disciplinary Committee suspending or cancelling the registration of an interior design consultancy practice pursuant to paragraph (5)(cc) or (dd), respectively, the interior design consultancy practice shall cease to exercise any right or privilege conferred upon it under the registration, but it shall be entitled to recover in any court any fee, charge, remuneration or other form of consideration for interior design consultancy services rendered by it prior to the date of receipt of the written notice from the Disciplinary

Committee suspending or cancelling its registration.

(8)

(a)

Without prejudice to subsection 27I, the Board may at any time upon receipt of an application from an interior design consultancy practice whose registration has been suspended or cancelled pursuant to paragraph (5)(cc) or (dd), respectively, reinstate its registration if it is satisfied that—

(i)

the reason which led to the suspension or cancellation of its registration no longer exists; and

(ii)

the interior design consultancy practice, at the time of such application, complies with the terms, conditions and restrictions imposed by the Board pursuant to subsection (3) at the time of the original registration.

Architects Act 55

(b)

In reinstating the registration under paragraph (a) the Board may impose such additional terms, conditions and restrictions as it thinks fit.

(9)

There shall be no appeal against—

(a)

any refusal of the Board to register a sole proprietorship, partnership or body corporate as an interior design consultancy practice; or

(b)

any terms, conditions or restrictions imposed by the

Board at the time of registration.

Notification of change of address of Interior Designers, etc.

Section 27F

Every Interior Designer, Graduate Interior Designer and interior design consultancy practice shall notify the Registrar of any change in his or its business address.

Section 27G

Cancellation of registration, etc., of Interior Designer

(a)

a member of the Board to investigate into any misconduct or complaint made against any Interior

Designer, Graduate Interior Designer or interior design consultancy practice; and

(b)

a Disciplinary Committee comprising three members of the Board, including a Board Member who is an Interior

Designer, not being a person appointed under paragraph

(a)

, to conduct a hearing of any misconduct or complaint referred to it by the member of the Board appointed under paragraph (a).

56 Laws of Malaysia ACT 117

(2)

The Disciplinary Committee may order the following penalty or a combination of any of the following:

(a)

issuance of a written reprimand to;

(b)

the imposition of a fine not exceeding fifty thousand ringgit on;

(c)

the suspension for a period not exceeding three years of;

or

(d)

the cancellation of the registration of, any Interior Designer or Graduate Interior Designer under any of the following circumstances:

(aa) if he is convicted of any offence involving fraud or dishonesty or moral turpitude;

(bb) if whilst registered under this Act he acts as a contractor or trades in building materials directly connected with his profession;

(cc)

if his registration under this Act has been obtained by fraud or misrepresentation;

(dd)

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

(ee) if he fails to observe any conditions or restrictions subject to which he is registered;

(ff) if he is found to be of unsound mind;

(gg) if he is found to be incapable of performing his professional duties effectively;

(hh) if he becomes a bankrupt;

Architects Act 57

(ii)

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

Disciplinary Committee is infamous or disgraceful; or

(jj) if he is found by the Disciplinary Committee to have contravened or failed to comply with any of the provisions of this Act or of any rules made thereunder.

(3)

The Disciplinary Committee shall not make any order under paragraphs (2)(a) to (d), based upon any of the circumstances set out in paragraphs (2)(bb) to (jj), unless an opportunity of being heard either personally or by counsel has been given to the Interior

Designer against whom the Disciplinary Committee intends to make the order.

(4)

The member of the Board appointed under paragraph (1)(a)

may, for the purpose of an investigation—

(a)

require any person, including a sole proprietor, partner, director, manager, secretary or employee, to attend before him and give evidence on oath or affirmation, and that member may administer the oath; and

(b)

require such person to produce any book, document or paper relating to the subject matter of the investigation which is in the custody of that person or under his control.

(5)

Upon completion of his investigation, the member of the

Board appointed under paragraph (1)(a) shall submit a report together with his recommendations, if any, to the Disciplinary Committee for its consideration.

Removal from Register of Interior Designers

Section 27H

There shall be removed from the Register of Interior Designers the name and other particulars of—

58 Laws of Malaysia ACT 117

(a)

any Interior Designer or Graduate Interior Designer who has died, or interior design consultancy practice which has ceased to practise;

(b)

any Interior Designer, Graduate Interior Designer or interior design consultancy practice who has failed to renew his or its registration within one month of the expiry of the registration;

(c)

any Interior Designer or Graduate Interior Designer whose registration has been cancelled under section 34A or paragraph 27G(2), or interior design consultancy practice whose registration has been cancelled under section 34A or paragraph 27E(5); or

(d)

any Interior Designer, Graduate Interior Designer or interior design consultancy practice who has been registered by reason of any mistake or error made by the Board in considering his or its application for registration.

Reinstatement into Register of Interior Designers

Section 27I

(2)

Any Interior Designer, Graduate Interior Designer or interior design consultancy practice whose name has been removed from the

Register of Interior Designers for failure to renew his or its registration shall be reinstated as soon as may be after he has notified the Registrar, within five years of such removal, of his or its desire to be reinstated and upon payment of such fees as may be prescribed and upon satisfying such conditions as may be imposed by the Board, and the Registrar shall issue a certificate of registration to him or it.

Architects Act 59

(3)

Any Interior Designer, Graduate Interior Designer or interior design consultancy practice whose name has been removed from the

Register of Interior Designers pursuant to an order of the Board or the

Disciplinary Committee and who has not appealed against that order or whose appeal has been dismissed may, after the expiration of not less than two years from the date of the order of cancellation or from the date of the decision of the appeal, apply for reinstatement. The

Board upon receipt of satisfactory evidence of proper reasons for his or its reinstatement and upon reimbursement to it of all expenditure incurred by it arising out of the proceedings leading to the cancellation of his or its registration and upon payment of the prescribed fee, shall issue a certificate of registration to him or it.

Certificates of registration of Interior Designers, etc. to be returned of registration

Section 27J

Any Interior Designer, Graduate Interior Designer or interior design consultancy practice whose name has been removed from the

Register of Interior Designers under this Part shall, within fourteen days after notification to him or it by registered post of the removal, surrender to the Board the certificate of registration issued to him or it under this Part.

Part VB

SPECIAL PROVISIONS RELATING TO INSPECTORS OF

WORKS

Section 27K

Restrictions on unregistered Inspectors of Works

No person shall, unless he is an Inspector of Works—

(a)

be employed as an Inspector of Works; or

(b)

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

60 Laws of Malaysia ACT 117

(i)

bearing the words “Inspector of Works” or equivalent in any other language; or

(ii)

bearing any other word in any language which may reasonably be construed to imply that he is an Inspector of Works.

Register of Inspectors of Works

Section 27L

For the purpose of this Part, there shall be a Register of

Inspectors of Works which shall contain the names, addresses and other particulars of Inspectors of Works.

Section 27M

Registration of Inspectors of Works

(2)

An application for registration shall be made to the Board in such manner as may be determined by the Board and accompanied by the prescribed fee.

(3)

The Registrar shall, upon receipt of the prescribed fee, issue to any person whose application has been approved by the Board a certificate of registration in the prescribed form expiring on the 31

December of the year in which it is issued.

(4)

The registration 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.

Qualifications for registration of Inspectors of Works

Section 27N

(2)

A person who is registered under subsection 10(2) as an

Architect shall be entitled to practise or carry on business as an

Inspector of Works.

Notification of change of address of Inspectors of Works

Section 27O

Architects Act 61

An Inspector of Works shall notify the Registrar of any change in his correspondence address.

Section 27P

Cancellation of registration, etc., of Inspector of Works

(a)

not more than three members of the Board to investigate into any misconduct or complaint made against any

Inspector of Works; and

(b)

a Disciplinary Committee comprising not more than five members of the Board, including a member of the Board who is an Inspector of Works, not being a person appointed under paragraph (a), to conduct a hearing of any misconduct or complaint referred to it by the member of the Board appointed under paragraph (a).

(2)

The Disciplinary Committee may order—

(a)

the issuance of a written reprimand to;

(b)

the imposition of a fine not exceeding twenty-five thousand ringgit on;

(c)

the suspension of the registration for a period not exceeding two years of; or

(d)

the cancellation of the registration of, the Inspector of Works.

62 Laws of Malaysia ACT 117

(3)

The Disciplinary Committee may make an order under subsection (2) if the Inspector of Works—

(a)

is convicted of any offence involving fraud or dishonesty or moral turpitude;

(b)

acts as a contractor or trades in building materials directly connected with his employment;

(c)

is registered under this

Act by fraud or misrepresentation;

(d)

offers or accepts any commission which in the opinion of the Disciplinary Committee is an illicit commission;

(e)

fails to observe any conditions or restrictions of his registration;

(f)

is found to be of unsound mind;

(g)

is found to be incapable of performing his professional duties effectively;

(h)

becomes a bankrupt;

(i)

is found guilty by the Disciplinary Committee of any act or conduct which in the opinion of the Disciplinary

Committee is infamous or disgraceful; or

(j)

is found by the Disciplinary Committee to have contravened or failed to comply with any of the provisions of this Act or of any rules made thereunder.

(4)

The Disciplinary Committee shall not make any order under subsection (2), based upon any of the circumstances set out in paragraphs (3)(b) to (e), paragraph (g), paragraphs (i) and (j), unless an opportunity of being heard either personally or by counsel has been given to the Inspector of Works against whom the Disciplinary

Committee intends to make the order.

Architects Act 63

(5)

The member of the Board appointed under paragraph (1)(a)

may, for the purpose of an investigation of an Inspector of Works—

(a)

require any person, including a sole proprietor, partner, director, manager, secretary or employee, in connection with his employment, to attend before the member of the Board and give evidence on oath or affirmation, and that member of the Board may administer the oath; and

(b)

require such person to produce any book, document or paper relating to the subject matter of the investigation which is in the custody of that person or under his control.

(6)

Upon completion of his investigation, the member of the

Board appointed under paragraph (1)(a) shall submit a report together with his recommendations, if any, to the Disciplinary Committee for its consideration.

(7)

Any Inspector of Works dissatisfied with an order of the

Disciplinary Committee under this section may, within twenty-one days of being notified of such order, appeal to the Minister whose decision shall be final.

Removal from Register of Inspectors of Works

Section 27Q

There shall be removed from the Register of Inspectors of

(a)

who has died;

(b)

who has failed to renew his registration within one month of the expiry of the registration;

(c)

whose registration has been cancelled under section 34a or paragraph 27P(2)(d); or

64 Laws of Malaysia ACT 117

(d)

who has been registered by reason of any mistake or error made by the Board in considering his application for registration.

Reinstatement into Register of Inspectors of Works

Section 27R

Works the name and other particulars of any Inspector of Works—

(2)

An Inspector of Works whose name has been removed from the Register of Inspectors of Works for failure to renew his registration shall be reinstated as soon as may be after the Inspector of Works has notified the Registrar, within five years of such removal, and upon—

(a)

payment of such fees as may be prescribed by the

Board; and

(b)

satisfying such conditions as may be imposed by the

Board, the Registrar shall issue a certificate of registration to the Inspector of

Works.

(3)

An Inspector of Works whose name has been removed from the Register of Inspectors of Works pursuant to an order of the

Disciplinary Committee under subsection 27P(2) and who has not appealed against that order or whose appeal has been dismissed may, after the expiration of not less than two years from the date of the order or from the date of the decision of the appeal, apply for reinstatement.

(4)

The Board upon—

Architects Act 65

(a)

receipt of satisfactory evidence of proper reasons for the reinstatement of the Inspector of Works;

(b)

receipt of reimbursement of all expenditure incurred arising out of the proceedings leading to the cancellation of the registration of the Inspector of Works; and

(c)

payment of the prescribed fee, shall order the Registrar to issue a certificate of registration to the

Inspector of Works.

Certificates of registration of Inspectors of Works to be returned

Section 27S

An Inspector of Works whose name has been removed from the

Register of Inspectors of Works shall, within fourteen days after notification of the removal to the Inspector of Works by registered post, return to the Board the certificate of registration issued to him.

SPECIAL PROVISIONS RELATING TO ARCHITECTURAL

TECHNOLOGISTS

Restrictions on unregistered Architectural Technologists

Section 27T

No person shall, unless he is an Architectural Technologist—

(a)

be employed as an Architectural Technologist; or

(b)

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

(i)

bearing the words “Architectural Technologist”

or equivalent in any other language; or

66 Laws of Malaysia ACT 117

(ii)

bearing any other word in any language which may reasonably be construed to imply that he is an Architectural Technologist.

Register of Architectural Technologists

Section 27U

For the purpose of this Part, there shall be a Register of

Architectural Technologists which shall contain the names, addresses and other particulars of Architectural Technologists.

Section 27v

Registration of Architectural Technologists

(2)

An application for registration shall be made to the Board in such manner as may be determined by the Board and accompanied by the prescribed fee.

(3)

The Registrar shall, upon receipt of the prescribed fee, issue to any person whose application has been approved by the Board a certificate of registration in the prescribed form expiring on the 31

December of the year in which it is issued.

(4)

The registration 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.

Qualifications for registration of Architectural Technologists

Section 27W

A person who holds the qualification recognized by the Board shall be entitled on application to be registered as an Architectural

Technologist.

Architects Act 67

Section 27X

Notification of change of address of Architectural Technologists

An Architectural Technologist shall notify the Registrar of any change in his correspondence address.

Section 27Y

Cancellation of registration, etc., of Architectural Technologist

(a)

not more than three members of the Board to investigate into any misconduct or complaint made against any

Architectural Technologist; and

(b)

a Disciplinary Committee comprising not more than five members of the Board, including a member of the Board who is an Architectural Technologist, not being a person appointed under paragraph (a), to conduct a hearing of any misconduct or complaint referred to it by the member of the Board appointed under paragraph (a).

(2)

The Disciplinary Committee may order—

(a)

the issuance of a written reprimand to;

(b)

the imposition of a fine not exceeding twenty-five thousand ringgit on;

(c)

the suspension of the registration for a period not exceeding two years of; or

(d)

the cancellation of the registration of, the Architectural

Technologist.

(3)

The Disciplinary Committee may make an order under subsection (2) if the Architectural Technologist—

68 Laws of Malaysia ACT 117

(a)

is convicted of any offence involving fraud or dishonesty or moral turpitude;

(b)

acts as a contractor or trades in building materials directly connected with his employment;

(c)

is registered under this

Act by fraud or misrepresentation;

(d)

offers or accepts any commission which in the opinion of the Disciplinary Committee is an illicit commission;

(e)

fails to observe any conditions or restrictions of his registration;

(f)

is found to be of unsound mind;

(g)

is found to be incapable of performing his professional duties effectively;

(h)

becomes a bankrupt;

(i)

is found guilty by the Disciplinary Committee of any act or conduct which in the opinion of the Disciplinary

Committee is infamous or disgraceful; or

(j)

is found by the Disciplinary Committee to have contravened or failed to comply with any of the provisions of this Act or of any rules made thereunder.

(4)

The Disciplinary Committee shall not make any order under subsection (2), based upon any of the circumstances set out in paragraphs (3)(b) to (e), paragraph (g), paragraphs (i) and (j), unless an opportunity of being heard either personally or by counsel has been given to the Architectural Technologist against whom the

Disciplinary Committee intends to make the order.

(5)

The member of the Board appointed under paragraph (1) (a)

may, for the purpose of an investigation of an Architectural

Technologist—

Architects Act 69

(a)

require any person, including a sole proprietor, partner, director, manager, secretary or employee, in connection with his employment, to attend before the member of the Board and give evidence on oath or affirmation, and that member of the Board may administer the oath; and

(b)

require such person to produce any book, document or paper relating to the subject matter of the investigation which is in the custody of that person or under his control.

(6)

Upon completion of his investigation, the member of the

Board appointed under paragraph (1)(a) shall submit a report together with his recommendations, if any, to the Disciplinary Committee for its consideration.

(7)

Any Architectural Technologist dissatisfied with an order of the Disciplinary Committee under this section may, within twenty-one days of being notified of such order, appeal to the Minister whose decision shall be final.

Removal from Register of Architectural Technologists

Section 27Z

There shall be removed from the Register of Architectural

Technologists the name and other particulars of any Architectural

Technologist—

(a)

who has died;

(b)

who has failed to renew his registration within one month of the expiry of the registration;

(c)

whose registration has been cancelled under section 34A or paragraph 27Y(2)(d); or

70 Laws of Malaysia ACT 117

(d)

who has been registered by reason of any mistake or error made by the Board in considering his application for registration.

Reinstatement into Register of Architectural Technologists

27ZA. (1) An Architectural Technologist whose name has been removed from the Register of Architectural Technologists pursuant to an order of the Disciplinary Committee under subsection 27Y(2) shall be reinstated if the appeal by the Architectural Technologist is allowed by the

Minister under subsection 27Y(7) and the Registrar shall issue a certificate of registration to the Architectural Technologist.

(2)

An Architectural Technologist whose name has been removed from the Register of Architectural Technologists for failure to renew his registration shall be reinstated as soon as may be after the Architectural

Technologist has notified the Registrar, within five years of such removal, and upon—

(a)

payment of such fees as may be prescribed by the Board;

and

(b)

satisfying such conditions as may be imposed by the

Board, the Registrar shall issue a certificate of registration to the Architectural

Technologist.

(3)

An Architectural Technologist whose name has been removed from the Register of Architectural Technologists pursuant to an order of the Disciplinary Committee under subsection 27Y(2) and who has not appealed against that order or whose appeal has been dismissed may, after the expiration of not less than two years from the date of the order or from the date of the decision of the appeal, apply for reinstatement.

(4)

The Board upon—

(a)

receipt of satisfactory evidence of proper reasons for the reinstatement of the Architectural Technologist;

Architects Act 71

(b)

receipt of reimbursement of all expenditure incurred arising out of the proceedings leading to the cancellation of the registration of the Architectural Technologist; and

(c)

payment of the prescribed fee, shall order the Registrar to issue a certificate of registration to the

Architectural Technologist.

Certificates of registration of Architectural Technologists to be returned

27ZB. An Architectural Technologist whose name has been removed from the Register of Architectural Technologists shall, within fourteen days after notification of the removal to the Architectural Technologist by registered post, return to the Board the certificate of registration issued to him.

GENERAL

Appeal

Section 28

(a)

any person who has been refused registration by the

Board; or

(b)

any person, sole proprietorship, partnership or body corporate who having been registered has had his or its name removed from the Register of Architects, Graduate

Architects, foreign architects and architectural consultancy practices or the Register of Interior

Designers,

72 Laws of Malaysia ACT 117

may within twenty-one days of being notified of the refusal or removal, appeal to the Appeal Board constituted under section 29, and the Appeal Board may thereupon make such orders as it may deem just or proper.

(2)

An opportunity of being heard either personally or by counsel shall be given by the Appeal Board to any appellant.

(3)

The Board shall give effect to any order made by the Appeal

Board forthwith.

Appeal Board

Section 29

For the purpose of this Part there shall be established an Appeal

Board consisting of a Judge of the High Court as a Chairman who shall be appointed by the Yang di-Pertuan Agong, after consultation with the Chief Justice; and two other persons appointed by the Yang di-Pertuan Agong.

Section 30

Tenure of office of members of the Appeal Board

A member of the Appeal Board shall unless he sooner resigns his office or his appointment be revoked hold office for such term as may be specified in the instrument appointing him and shall be eligible for reappointment.

Section 31

Procedure of appeal

(2)

On receipt of a copy of the notice of appeal the President of the Board or in the absence of the President the member delegated by the President so to do, or the Chairman of the Disciplinary

Committee shall cause to be prepared and sent to the Chairman of the

Architects Act 73

Appeal Board records or a summary of the records of the proceedings of the Board or Disciplinary Committee and the statement setting out the grounds on which the Board or Disciplinary Committee arrived at its decision.

(3)

Upon receiving the records or summary of the records and the grounds of the decision of the Board or Disciplinary Committee, the

Chairman of the Appeal Board shall convene a meeting of the Appeal

Board to hear the appeal.

(4)

The Appeal Board after hearing the appeal may confirm or vary the decision of the Board or Disciplinary Committee.

(5)

The decision of the Appeal Board shall be final.

Procedure of Appeal Board

Section 32

The Appeal Board shall at its discretion determine its own procedure.

Penalties, obtaining registration by false pretences, etc.

33. Any person, sole proprietorship, partnership or body corporate, as the case may be, who—

(a)

procures or attempts to procure registration or a certificate of registration under this Act by knowingly making or producing or causing to be made or produced any false or fraudulent declaration, certificate, application or representation whether in writing or otherwise;

NOTE—All proceedings under this section pending before 1 December 2002 shall be continued as if this Act had not been amended by Act A1159–see subsection 41(5) of Act A1159.

74 Laws of Malaysia ACT 117

(b)

wilfully makes or causes to be made any falsification in the

Registers specified in paragraph 4(1)(a);

(c)

forges, alters or counterfeits any certificate of registration under this Act;

(d)

utters or uses any forged, altered or counterfeited certificate of registration under this Act knowing the same to have been forged, altered or counterfeited;

(e)

impersonates an Architect, Graduate Architect, foreign architect, Building Draughtsman, Interior Designer, Graduate

Interior Designer, Inspector of Works or Architectural

Technologist;

(f)

buys or fraudulently obtains a certificate of registration under this Act issued to another Graduate Architect, foreign architect, Building Draughtsman, Interior Designer, Graduate

Interior

Designer,

Inspector of

Works,

Architectural

Technologist, architectural consultancy practice or interior design consultancy practice;

(g)

sells any certificate of registration issued under this Act; or

(h)

contravenes section 7, or subsection 15A(6) or 34B(5), shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or imprisonment for a term not exceeding two years or to both.

General penalty

Section 34

(2)

If a sole proprietorship, partnership or body corporate contravenes or fails to comply with any of the provisions of this Act or any rules made thereunder, the sole proprietor or every partner, director, manager, secretary or other similar officer thereof shall be guilty of the same offence and be liable to the same penalty as the sole proprietorship, partnership or body corporate is guilty of and liable to, unless he proves that the offence was committed without his knowledge, consent or connivance or was not attributable to any neglect on his part.

Failure to comply with orders of the Disciplinary Committee,

Board, Appeal Board or Minister

Section 34A

Architects Act 75

27G(3) or 27P(4) where—

(a)

an Architect or Graduate Architect refuses or fails to comply with an order of the Disciplinary Committee made under subsection 15A(2), or Appeal Board made under section 28;

(b)

an architectural consultancy practice refuses or fails to comply with an order of the Disciplinary Committee made under subsection 7A(5), or Appeal Board made under section 28;

(c)

a Building Draughtsman refuses or fails to comply with an order of the Disciplinary Committee made under subsection 25(2) or decision of the Minister made under subsection 25(6);

(d)

an Interior Designer or Graduate Interior Designer refuses or fails to comply with an order of the

Disciplinary Committee made under subsection 27G(2), or Appeal Board made under section 28;

(e)

an interior design consultancy practice refuses or fails to comply with an order of the Disciplinary Committee

76 Laws of Malaysia ACT 117

made under subsection 27E(5), or Appeal Board made under section 28;

(f)

an Inspector of Works refuses or fails to comply with an order of the Disciplinary Committee made under subsection 27P(2) or decision of the Minister made under subsection 27P(7); or

(g)

an Architectural Technologist refuses or fails to comply with an order of the Disciplinary Committee made under subsection 27Y(2) or decision of the Minister made under subsection 27 Y (7), the Disciplinary Committee shall immediately cancel his or its certificate of registration after reminders that require him or it to comply with such order or decision, as the Disciplinary Committee in its absolute discretion deems fit, have been given to him or it.

Power of search and seizure

Section 34B

(2)

An authorized officer may, for the purpose of carrying out the objectives of this section, at any reasonable time enter, inspect and examine any place of work.

(3)

In exercising his powers under subsection (2), an authorized officer may—

(a)

examine any book, account, record or other document as may be necessary to ascertain whether or not this Act or any rules made under this Act has been complied with;

(b)

direct that the place of work or any part of it, or anything in it, shall be left undisturbed, whether generally or in particular respect, for so long as is

Architects Act 77

reasonably necessary for the purpose of any examination or investigation under this section;

(c)

search and seize any signboard, card, letter, pamphlet, leaflet, notice or any device representing or implying that the person is an Architect, Graduate Architect, foreign architect, Building Draughtsman, Interior

Designer, Graduate Interior Designer, Inspector of

Works, Architectural Technologist, or that the sole proprietorship, partnership or body corporate is an architectural consultancy practice or interior design consultancy practice; or

(d)

seize or take copies of or extracts from any book, account, record or other document found in the place of work which he has power to enter or in the vicinity of that place of work, and that is reasonably believed to furnish evidence of the commission of an offence under this Act or any rules made under this Act.

(4)

Where by reason of its nature, size or amount, it is not practicable to remove any signboard, card, letter, pamphlet, leaflet, notice, book, account, record or other device or document seized under this section, the authorized officer may, by any means, seal such signboard, card, letter, pamphlet, leaflet, notice, book, account, record or other device or document in the place of work in which it is found.

(5)

A person shall not, except with lawful authority—

(a)

break, tamper with or damage, or attempt to break, tamper with or damage the seal referred to in subsection

(4)

; or

(b)

remove or attempt to remove any signboard, card, letter, pamphlet, leaflet, notice, book, account, record or other device or document under seal.

78 Laws of Malaysia ACT 117

List of things seized

Section 34C

(2)

Where the place of work is unoccupied, the authorized officer shall, wherever possible, post a list of the things seized conspicuously at that place.

Rules

Section 35

The Board may with the approval of the Minister make rules generally as may be necessary or expedient for the purpose of carrying out, or giving effect to, the provisions of this Act and in particular, but without prejudice to the generality of the foregoing, for prescribing anything as is required by this Act to be prescribed or as it may deem necessary.

Section 35A

Authorization by President

(2)

No person, sole proprietorship, partnership or body corporate shall be authorized under this section to do any such act or thing for more than a total period of one hundred and eighty days in any one calendar year.

(3)

A person, sole proprietorship, partnership or body corporate who does any such act or thing under and in accordance with an authorization under subsection (1) shall, notwithstanding any provision of this Act to the contrary, be deemed to be permitted or entitled to do that act or thing as if he were an Architect or Graduate

Architect, or it were an architectural consultancy practice.

Notices

Section 35B

Architects Act 79

(2)

Subject to subsection (3), if the Architect, Graduate Architect, foreign architect, Building Draughtsman, Interior Designer, Graduate

Interior Designer, Inspector of Works, Architectural Technologist, architectural consultancy practice or interior design consultancy practice fails to reply to the notice or document which has been duly served upon him or it in accordance with subsection (1) for at least three times, the Disciplinary Committee or Board shall take action against that Architect, Graduate Architect, foreign architect, Building

Draughtsman, Interior Designer, Graduate Interior Designer,

Inspector of Works, Architectural Technologist, architectural consultancy practice or interior design consultancy practice in accordance with this Act.

80 Laws of Malaysia ACT 117

(3)

If the Architect, Graduate Architect, Building Draughtsman,

Graduate Interior Designer, Inspector of Works, Architectural

Technologist, architectural consultancy practice or interior design consultancy practice fails to reply to the notice or document which has been duly served upon him or it in accordance with subsection (1)

for at least three times, and if, with regard to the matter contained in the notice or document, the Board proposes to suspend or cancel his or its registration, the Board shall—

(a)

cause to be published in at least one national newspaper a notification containing the material contents of that notice or document; and

(b)

take action in accordance with this Act based on his or its reply to the notification, or otherwise on his or its failure to reply to that notification.

Indemnity

Section 35C

(2)

This section does not apply to powers conferred under subsection 4(2) or any power to enter into contracts exercised by the

Board.

Appointment of advocate and solicitor

Section 35D

The Board may appoint an advocate and solicitor to institute and conduct proceedings on its behalf.

Architects Act 81

Section 36

Landscape and Naval Architects

This Act shall not apply to Landscape and Naval Architects.

Section 37

Vesting of property, etc.

All property movable or immovable which immediately before the appointed date was vested in or held by the Board of Architects constituted under the Architects Ordinance 1951, shall on the appointed date and without any conveyance, assignment or transfer whatever vest in or pass to the Board established and constituted under section 3 for the like title, estate or interest and on the like tenure and for the like purposes as the same was vested or held immediately before the appointed date.

Section 38

Repeal

The Architects Ordinance 1951 is repealed.

Section 39

Saving as to right of Government

Nothing in this Act contained shall apply to anything done or omitted to be done by or under the authority of the Federal

Government or the Government of any State.

82 Laws Of Malaysia ACT 117

Schedule

[Subsection 3(5)]

1. (1) The following persons shall be disqualified from being appointed or being members of the Board:

(a)

a person who is of unsound mind and/or is otherwise incapable of performing his duties;

(b)

a bankrupt; and

(c)

any person whose registration has been cancelled under this Act.

(2)

A member of the Board shall vacate his office if he fails to attend three consecutive meetings of the Board without the permission in writing of the

President or if he becomes disqualified under subparagraph (1).

2. (1) The Board shall meet at least once a year at such place as may from time to time be appointed by the President.

(2)

At any meeting of the Board the President shall preside, and in his absence the members shall elect one of their number to preside over the meeting.

(3)

The quorum of the Board shall be five, of which at least four shall be

Architects including two in private practice.

(4)

If on any question to be determined by the Board there is an equality of votes, the President or, in the case where the President is absent, the member presiding over that meeting shall have a casting vote.

(5)

Subject to subparagraphs (3) and (4), the Board shall determine its own procedure and, except in relation to section 35, have power to delegate to committees appointed by the Board all or any of the functions of the Board upon such terms and subject to such conditions and restrictions as the Board may in its absolute discretion think fit. Any act, ruling or decision of any committee so appointed shall be deemed to be the act, ruling or decision of the Board.

(6)

The Board shall cause proper records of its proceedings and of the proceedings of any committee appointed by it to be kept.

3. (1) The Board shall have a common seal which shall bear such device as the

Board may approve and such seal may from time to time be broken, changed, altered and made anew by the Board as the Board may think fit.

Architects Act 83

(2)

The common seal shall be kept in the custody of the President and shall be authenticated by the President or other member acting in the absence of the

President, and any document purporting to be sealed with the said seal, authenticated as aforesaid, shall until the contrary is shown be deemed to have been validly executed.

4. All moneys received by the Board whether from fees payable under this Act or otherwise shall be applied by the Board in the first place to defraying the expenses of registration and other expenses of the administration of this Act including any expenses of the Board that may be allowed under any rules made under this Act and thereafter to providing scholarships and the promotion of learning and education in connection with architecture. Moneys not immediately required by the

Board may be invested in such trustee securities as the Board may from time to time determine.

84

Act 117

LIST OF AMENDMENTS

Amending law

Short title

In force from

Architects (Amendment)

Act 1972

07-07-1972

Architects (Amendment)

Act 1973

30-03-1973

Architects (Amendment)

Act 1974

15-03-1974

Act A466

Architects (Amendment)

Act 1979

21-09-1979

Architects (Amendment)

Act 1988

19-02-1988

Architects (Amendment)

Act 1992

19-07-1992

Act A885

Constitution

(Amendment) Act 1994

24-06-1994

Architects (Amendment)

Act 2002

01-12-2002

Architects (Amendment)

Act 2007

01-04-2007

Architects Act 85

*Act A1480

Architects (Amendment)

Act 2015

30-11-2015;

except paragraph 3(d), (p) and section 23); 01-

06-2015

[P.U.(B)470/2015]

*NOTES—For references to a Professional Architect in any written law or document, any application for registration pending, any decision made by the Disciplinary Committee or Board, any investigation, proceedings pending or otherwise, any rights, privileges, obligations, liability, penalty or punishment see

– section 46 of the Architects (Amendment) Act 2015 [Act A1480] w.e.f. 30 November 2015 as below:

“Saving and transitional

46. (1) All references to a Professional Architect in any written law and any document shall, on the coming into operation of this Act, be construed as references to an Architect as defined in section 2 of the principal Act as amended in this Act.

(2)

Any application for 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.

(3)

Any decision made by the Disciplinary Committee or Board under the principal

Act shall continue to be in force as if the principal Act had not been amended by this Act.

(4)

Any investigations, proceedings, including disciplinary proceedings, and matters relating to such investigations and proceedings existing and pending under the principal

Act shall continue and be dealt with under the principal Act as if it had not been amended by this Act.

(5)

Any investigations, proceedings, including disciplinary proceedings, and matters relating to such investigations and proceedings which could have been commenced or instituted under the principal Act before the coming into operation of this Act shall be commenced, instituted and dealt with under the principal Act as if it had not been amended by this Act.

(6)

Any such rights, privileges, obligations, liability, penalty, or punishment acquired, accrued or incurred under the principal Act, may be continued, enforced, imposed and be dealt with, as the case may be, as if the principal Act had not been amended by this Act.”

86

Act 117

LIST OF SECTIONS AMENDED

Section

Amending authority

In force from

Long title

01-12-2002 01-04-2007 2

07-07-1972 19-02-1988 19-07-1992 01-12-2002 01-04-2007 01-06-2015 30-11-2015

3

07-07-1972 30-03-1973 19-02-1988 01-12-2002 01-04-2007 30-11-2015;

except paragraphs 3(d) and (p);

01-06-2015

4

07-07-1972 19-02-1988 19-07-1992 01-12-2002 01-04-2007 30-11-2015

Heading of Act

Part II

01-04-2007

Architects Act 87

Section

Amending authority

In force from 5

07-07-1972 01-12-2002 01-04-2007 30-11-2015 6

07-07-1972 01-12-2002 01-04-2007 30-11-2015 7

07-07-1972 15-03-1974 01-12-2002 01-04-2007 30-11-2015 7A

15-03-1974 19-02-1988 19-07-1992 01-12-2002 01-04-2007 30-11-2015 7B

01-12-2002 30-11-2015 8

19-02-1988 01-12-2002 01-04-2007 30-11-2015 9

07-07-1972 19-07-1992 01-12-2002 01-04-2007 30-11-2015 10

07-07-1972 19-02-1988 19-07-1992 01-12-2002 01-04-2007 30-11-2015

88 Laws of Malaysia ACT 117

Section

Amending authority

In force from 10A

19-02-1988 19-07-1992 01-12-2002 30-11-2015 11

07-07-1972 12

01-12-2002 01-04-2007 30-11-2015 13

07-07-1972 19-07-1992 01-12-2002 30-11-2015 14

07-07-1972 19-07-1992 01-12-2002 01-04-2007 30-11-2015

Heading of Act

Part IV

A1159 01-12-2002 15

07-07-1972 15-03-1974 19-02-1988 19-07-1992 01-12-2002 15A

19-07-1992 01-12-2002 01-04-2007 30-11-2015 15B

19-07-1992 01-12-2002 16

07-07-1972 19-02-1988 01-12-2002 01-04-2007 30-11-2015 17

Act A130 07-07-1972

Architects Act 89

Section

Amending authority

In force from

Act A1480 19-02-1988 19-07-1992 01-12-2002 01-04-2007 30-11-2015

18

07-07-1972 01-12-2002 01-04-2007 30-11-2015

Heading of Act

Part V

01-04-2007 19

07-07-1972 20

07-07-1972 15-03-1974 01-12-2002 01-04-2007 21

07-07-1972 01-12-2002 01-04-2007 30-11-2015 22

Act A1480 07-07-1972 19-07-1992 01-12-2002 01-04-2007 30-11-2015

23

01-04-2007 01-06-2015 24

Act A466

07-07-1972 21-09-1979 19-07-1992 01-12-2002 01-04-2007 30-11-2015 25

Act A249 07-07-1972 15-03-1974

90 Laws of Malaysia ACT 117

Section

Amending authority

In force from

19-02-1988 19-07-1992 01-12-2002 01-04-2007 30-11-2015 26

07-07-1972 01-12-2002 01-04-2007 30-11-2015 26A

01-12-2002 01-04-2007 30-11-2015 27

07-07-1972 01-12-2002 01-04-2007 30-11-2015

Part VA

01-04-2007 27A

30-11-2015 27B

30-11-2015 27C

30-11-2015 27D

30-11-2015 27E

30-11-2015 27F

30-11-2015 27G

30-11-2015 27H

30-11-2015 27I

30-11-2015 27J

30-11-2015 27K

30-11-2015

Architects Act 91

Section

Amending authority

In force from 27L

30-11-2015 27M

30-11-2015 27N

30-11-2015 27O

30-11-2015 27P

30-11-2015 27Q

30-11-2015 27R

30-11-2015 27S

30-11-2015 27T

30-11-2015 27U

30-11-2015 27V

30-11-2015 27W

30-11-2015 27X

30-11-2015 27Y

30-11-2015 27Z

30-11-2015 27ZA

30-11-2015 27ZB

30-11-2015 28

01-12-2002 30-11-2015 29

Act A885

24-06-1994 31

01-12-2002 33

Act A826 07-07-1972 19-02-1988 19-07-1992

92 Laws of Malaysia ACT 117

Section

Amending authority

In force from

01-12-2002 01-04-2007 30-11-2015 34

30-03-1973 15-03-1974 19-02-1988 19-07-1992 01-12-2002 01-04-2007 34A

01-04-2007 30-11-2015 34B

01-12-2002 01-04-2007 30-11-2015

34C

01-12-2002 35

19-07-1992 35A

15-03-1974 01-12-2002 01-04-2007 35B

01-12-2002 01-04-2007 30-11-2015 35C

01-12-2002 35D

01-12-2002 37

07-07-1972

Schedule

07-07-1972 19-02-1988 07-07-1972 01-12-2002 01-04-2007

Throughout the

Act

Act A686 19-02-1988

*ARCHITECTS ACT 1967

About this act

PART I

(1)

(2)

(3)

(1)

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(h)

(i)

(a)

(b)

(2)

PART II

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(h)

(i)

(j)

(2A)

(3)

(4)

(5)

(a)

(b)

(c)

(d)

(dd)

(e)

(f)

(g)

(h)

(i)

(j)

(k)

(2)

(a)

(b)

(c)

PART III

(a)

(b)

(c)

(d)

(2)

(a)

(i)

(ii)

(b)

(i)

(A)

(B)

(ii)

(c)

(i)

(ii)

(d)

(i)

(ii)

(e)

(i)

(ii)

(f)

(i)

(ii)

(g)

(i)

(ii)

(2A)