Section 15A

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

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.

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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:

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

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;

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

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;

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;

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

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;

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

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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;

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);

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;

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

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

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;

if he is found to be of unsound mind;

if he becomes a bankrupt; or

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

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.

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

may, for the purpose of an investigation—

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.

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