Section 40 — ARCHITECTS (AMENDMENT) ACT 2015

(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—

(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.

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Register of Inspectors of Works 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.

Registration of Inspectors of Works 27m. (1) Any Inspector of Works may apply for registration under this Part.

(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 27n. (1) A person who holds the qualification recognized by the Board shall be entitled on application to be registered as an Inspector of Works.

(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 27o. An Inspector of Works shall notify the Registrar of any change in his correspondence address.

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Cancellation of registration, etc., of Inspector of Works 27p. (1) The Board shall appoint—

(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.

(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;

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(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.

(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

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(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 27q. There shall be removed from the Register of Inspectors of Works the name and other particulars of any Inspector of Works—

(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

(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 27r. (1) 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) shall be reinstated if the appeal by the Inspector of

Works is allowed by the Minister under subsection 27p(7)

and the Registrar shall issue a certificate of registration to the Inspector of Works.

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(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—

(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 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.

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