*CHEMISTS ACT 1975

This Act shall apply throughout Malaysia and, except as provided in subsection (3), shall come into operation on a date to be appointed by the Minister by notification in the Gazette.

Subsection 23(2) shall come into operation on a date to be appointed by the Minister by notification in the Gazette, being a date not earlier than four calender months after the date appointed under subsection (2).

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Interpretation

Without prejudice to the generality of subsection (1), the

Institute may do all things necessary for the purpose of the Institute and in particular may, subject to subsection (3)—

The exercise of the powers under paragraphs (2)(a), (b), (c),

to determine the qualifications of persons for dmission as members;

to provide—

for the training, education and examination by the Institute or any other body, of persons intending to be members; and

to regulate the practice, by members, of the profession of chemistry in Malaysia;

to promote the importance of the profession of chemistry and also to increase public awareness and appreciation with regard to the field of chemistry;

to render such pecuniary or other assistance to members or their dependants as it thinks fit with a view to protecting or promoting the welfare of members;

to provide information and advice to members and the public on matters relationg to chemistry;

to collaborate with other government agencies, national and international professional bodies, national and international scientific organizations and higher educational institutions on matters relating to chemistry;

to provide professional input, advice and consultation on national and global issues affectiong the public by

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working closely with academia, other professional bodies and the industry;

to approve or refuse the granting of accreditation of chemistry and chemistry-related programs in public higher educational institutions and private higher educational institutions in Malaysia in accordance with the Malaysian Qualifications Agency Act 2007 [Act 679];

to advice the Minister on matters relating to chemistry and chemistry professional; and

to promote advances in the field of chemistry and chemistry-related sciences and their applications.

Rules of the Institute

the regulation of the practice, by members, of the profession of chemistry in Malaysia;

the admission of members, the fees payable on admission, and the manner in which membership shall cease;

the qualifications of persons for admission as members;

the training, education or examination of persons for admission as members and the fees payable therefor;

the practical experience required for admission as members and the authority of the Council or any

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Committee to approve places of employment in which such practical experience may be obtained;

the classification from time to time of members;

the election, appointment, resignation and removal of members of the Council;

the election, appointment, resignation and removal of the President and the Vice-President of the Institute and the Secretary of the Council;

the holding of meetings of the Council and of the members;

the manner of voting at any meeting of the Council or of the members;

the procedure of the Investigation Committee and the

Disciplinary Committee and the procedure relating to any complaint to any such Committee;

the publication in the Gazette, newspapers and elsewhere of the proceedings and findings of the

Disciplinary Committee;

the use and custody of the common seal of the Institute;

the custody, investment and expenditure of the fund and property of the Institute;

the regulation and administration of the Institute in all matters within its powers; and

such other matters as are required to be prescribed under this Act.

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All rules made under subsection (1) shall be subject to the approval of the Minister and shall, if approved by the Minister, be published in the Gazette.

The elected members of the Council shall at all times include not less than three Fellows and not more than three Licentiates.

The President and Vice-President of the Institute shall be elected by the Council from among its members and in the event of any casual vacancy arising in the office of the President or Vice-President, the Council shall at its next meeting or as soon as may be thereafter elect one of its members to fill the vacancy.

The First Schedule shall apply to the Council.

General powers of the Council

No resolution of the Institute shall invalidate the exercise of any power or the doing of any act or thing by the Council previously that would have been valid if the resolution had not been passed.

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Specific powers of the Council

make by-laws to provide for all matters not expressly reserved for the Institute in general meeting, whether they be expressed among its powers or not, and by-laws for the inculcation upon members of sound practice of the profession of chemistry, for the prevention of illegal and dishonourable practices of that profession among members, and for the promotion of the interests of that profession;

appoint such officers, clerks, agents and servants for permanent, temporary or special services as it thinks fit and determine their duties and terms and conditions of service;

take cognizance of anything affecting the Institute or the professional conduct of its members and bring before any general meeting of the Institute any matter that it considers material to the Institute or to the interests of the profession and make any recommendations and take such action as it thinks fit in relation thereto;

communicate with other similar bodies and with members of the profession in other places for the purpose of obtaining and giving information on all matters likely to prove beneficial or interesting to members and negotiate and arrange with such bodies for the reciprocal recognition of the status of the members of the Institute;

establish such branches of the Institute as it thinks fit;

delegate any of its powers, privileges and discretions, except its disciplinary powers, to any branch of the

Institute on such conditions and for such periods as it thinks fit;

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appoint Committees of the Institute for such purposes and with such powers as it may determine;

exercise all such powers, privileges and discretions as are not by this Act expressly and exclusively required to be exercised by the members of the Institute in general meeting; and

use the common seal of the Institute.

*Members of Council, Committees, etc., must be citizens

All rules made under subsection (1) shall be subject to the approval of the Minister and shall, if approved by the Minister, be published in the Gazette, and shall remain in force until amended or revoked by rules made under section 8.

Minister’s directions

Whenever the post of the Registrar is vacant due to the vacancy of the post of the Director General of Chemistry, the

Minister shall appoint any person to perform the duties of the

Registrar until the new Director General of Chemistry is appointed.

The Council shall appoint a Secretary of the Council from among the members of the Council.

The Registrar may delegate any of his functions under this

Act or the rules or by-laws to the Secretary.

In exercising his functions, the Secretary shall be subject to the control, supervision and direction of the Council.

(Deleted by Act A1493).

Register of members

The Registrar shall make the register available for inspection at reasonable hours on payment of the prescribed fee.

The Registrar shall cause to be published in the Gazette, at least once in every year, a copy of the register which contains changes to the list of membership roll of the register of members who

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have been removed from the register, included in the register or upgraded from Licentiate to Member of Member to Fellow.

Membership of the Institute

Without prejudice to subsection (1), and subject to subsections (3)

and (4), every person on payment of the prescribed fee shall be entitled to be admitted by the Council as a member of the Institute if he satisfies the requirements of subsection 17(2), (3) or (4).

No person shall be admitted by the Council as a member of the

Institute if he is less than twenty-one years of age or if in the opinion of the Council he is not a fit and proper person to be admitted as a member.

A body corporate shall not be eligible for membership of the

Institute.

Any person dissatisfied with the decision of the Council under subsection (3) may appeal to the High Court.

The procedure governing appeals under subsection (5) shall be substantially the same as for appeals to the High Court from decisions of a subordinate court in civil matters.

The Minister may from time to time, after seeking the advice of the Institute, by order published in the Gazette amend the Second

Schedule.

Grades of membership

A person shall, before admission as a Fellow, satisfy the

Council that he has—

A person shall, before admission as a Member, satisfy the

Council that he has—

A person shall, before admission as a Licentiate, satisfy the

Council that he has—

A person who has been registered as a Member of the Institute may, so long as he is so registered, describe himself by the words

“Member of the Malaysian Institute of Chemistry” or their equivalent in any other language, and may use the initials thereof after his name.

A person who has been registered as a Licentiate of the

Institute may, so long as he is so registered, describe himself by the words “Licentiate of the Malaysian Institute of Chemistry” or their equivalent in any other language, and may use the initials thereof after his name.

Prohibition

allow any person not being a member to practise in the member’s name as a registered chemist;

in any way practise as a registered chemist other than—

in his own name;

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advertise by any means or in any manner as being engaged in practice as a registered chemist.

Any members who contrives subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit and the Council may suspend his membership for a term not exceeding one year and if convicted for the second time for an offence under subsection (1), the Council may terminate his membership immediately.

an Investigation Committee comprising three members of the Council, of whom two shall form a quorum; and

a Disciplinary Committee comprising five members of the Council, not being members of the Investigation

Committee, of whom three shall form a quorum.

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Functions of

Investigation

Committee and

Disciplinary

Committee

The Disciplinary Committee shall, if it thinks fit, exercise in respect of such member any disciplinary powers conferred upon it by the rules.

Appeal against decision of Disciplinary Committee

The procedure governing appeals under subsection (1) shall be substantially the same as for appeals to the High Court from decisions of a subordinate court in civil matters.

Holding out as registered chemist and restrictions pertaining to chemical analysis

practise or hold himself out as a registered chemist or as a person of any other like description;

advertise by any means or in any manner as being engaged in practice as a registered chemist; or

adopt, use or exhibit the term “registered chemist” or its equivalent in any other language or any other term of like description in such circumstances as to indicate or

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to be likely to lead persons to infer that he is a registered chemist.

No person shall give or provide in a determinative capacity, or certify or declare in writing the result of, any chemical analysis for the purpose of determining the composition or specifications of any substance or product consumed or used by, or intended for the consumption or use of, the public or any section thereof, unless—

Any person who contravenes subsection (1) or (2) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding one

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year or to both and, for the second and subsequent offence, to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding two years or two both.

Authorization pertaining to chemical analysis

that, immediately before the appointed date, he had

a degree or any equivalent academic qualification, in chemistry or in any specialized discipline associated with chemistry from any examination of any institution of higher learning in any country, other than an examination listed in the Second Schedule; or

that, immediately before the appointed date, he was employed by an employer in any occupation involving the performance by him of chemical analyses; and

that, at the date when the Council is deciding on his application—

he is still employed by the same employer in any occupation involving the performance by him of chemical analyses; or

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In granting its authorization under subsection (1), the Council may impose such restrictions or conditions as the Council thinks fit and the Council may at any time thereafter impose additional restrictions or conditions or remove any restriction or condition already imposed.

Any person who fails to comply with any restriction or condition imposed under subsection (2) in respect of an authorization granted to him under subsestion (1) is guilty of an offence and is liable to a fine of one thousand ringgit.

The Council may revoke an authorization granted to a person under subsection (1) if the Council, after giving the person an opportunity to be heard, is satisfied that he has failed to comply with any restriction or condition imposed under subsection (2) in respect of the authorization, notwithstanding that no prosecution arising from such failure has been instituted under subsection (3) and, if there has been any such prosecution, notwithstanding the outcome of the prosecution.

Any person aggrieved by—

in respect of an authorization granted to him; or

In an appeal under subsection (5), the Minister may make such decision as he thinks just and is consistent with this Act; and the decision of the Minister shall be final, shall not be questioned in any court, and shall be binding on the Council.

The revocation of an authorization under subsection (1) shall not take effect until the period of appeal provided by subsection (5)

has expired or, if an appeal has been lodged within that period, until the revocation is confirmed by the Minister on appeal.

An authorization granted to any person under subsection (1)

shall, unless it has earlier been effectively revoked under subsections

and (7), cease to have effect when that person ceases to be employed by the person employing him when the authorization was granted to him.

Saving

Notwithstanding the Registration of Pharmacists Act 1951, a member may take or use in connexion with the sale of goods by retail the name or title of “chemist” or its equivalent in any other language.

Fraudulent practices

procures or attempts to procure registration or a certificate of membership under this Act by knowingly

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making or producing or causing to be made or produced any false or fraudulent declaration, certificate, application or representation, whether in writing or otherwise;

wilfully makes or causes to be made any falsification in the register;

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

uses any forged, altered or counterfeited certificate of membership under this Act, knowing it to have been forged, altered or counterfeited; or

personates a member of the Institute, or buys, sells or fraudulently obtains a certificate of membership issued under this Act, commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding two years or to both.

Offences by firms

If an Inspector has reasonable cause to believe that an offence under this Act has been or is being committed on any premises or in connexion with any business carried on in any premises, he may, at all reasonable times, enter upon, search and examine the premises and may inspect, remove and detain any books, documents or other articles found therein that, in his opinion, may furnish evidence of the commission of the offence.

Any person who obstructs or impedes an Inspector in the exercise of his powers under subsection (2) commits an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding one year.

Recovery of moneys by Council

All property, movable or immovable, that, immediately before the appointed date, was vested in or held by or for the Society shall, on the appointed date, and without any conveyance, assignment or transfer, vest in or pass to the Institute for the like title, estate or interest and on the like tenure and for the like purposes as it was vested or held immediately before the appointed date; and all rights and liabilities that, immediately before the appointed date, were the rights and liabilities of the Society shall, on the appointed date, be the rights and liabilities of the Institute.

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FIRST SCHEDULE

[Section 9(4)]

SUPPLEMENTARY PROVISIONS RELATING TO THE COUNCIL

Chairman

In the absence of the President, the Vice-President shall preside, and in the absence of the President and the Vice-President, the Council shall elect one of its members to preside.

First and subsequent Councils

At each subsequent annual general meeting of the Institute, four vacancies in the membership of the Council, other than that of the Director General of

Chemistry, shall be created by the retirement of four members by voluntary action or, failing that, by ballot choice, and the vacancies thus created shall be filled by fresh elections.

Members of the Council who retire under subparagraph (2) are eligible for re-election if they are not disqualified, on any of the grounds in subparagraphs 3(b)

to 3(g), from holding office in the Council.

When members of the Council to vacate office

he resigns his office;

he has been absent from three consecutive meetings of the Council without the prior consent in writing of the Chairman of the Council;

he becomes bankrupt or insolvent or enters into a composition with any creditor or takes or attempts to take the benefit of the provisions of any written law to liquidate his assets or affairs;

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he becomes of unsound mind;

his subscription has been overdue for six months;

he ceases to be qualified to hold office; or

he is convicted of any offence involving fraud, dishonesty or moral turpitude or an offence punishable with imprisonment, whether absolutely or in addition to or in lieu of a fine, for a term of two years or more.

Casual vacancies

Nine members personally present at any meeting of the Council shall constitute the quorum.

A decision of the majority of the members of the Council present and voting at any meeting of the Council shall be deemed to be a decision of the Council.

The Chairman or member presiding at any meeting of the Council shall have an original and a casting vote.

Subject to the rules, the Council may regulate its own procedure.

Council members not to be remunerated

The Council shall hold a general meeting of the Institute within six weeks of the receipt of a written request to do so, specifying the objects of the meeting and signed by not less than twenty-five members of the Institute.

The procedure at general meetings and for service of notices shall be in accordance with the rules.

SECOND SCHEDULE

[Section 17]

QUALIFYING EXAMINATIONS