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].
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(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.
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(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;
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(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.
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Removal from Register of Building Draughtsmen