Malaysia legislation
Section 24
Section 24
(a)
has been convicted of any offence involving fraud or dishonesty or moral turpitude;
(b)
has been found to have obtained his registration or authority to practice under this Act by fraud or misrepresentation;
(c)
has his qualification under section 18, 22D or 22H withdrawn or cancelled by the authority through which it was acquired or by which it was awarded;
(d)
has contravened or failed to comply with any of the provisions of this Act or of any of the rules made thereunder;
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(e)
has not observed any conditions or restrictions subject to which he is registered;
(f)
has refused or neglected to comply with any order of the Board acting under any of the provisions of this Act or of any of the rules made thereunder;
(g)
has been found guilty by the Board of any professional misconduct or of any act or conduct which in the opinion of the
Board is infamous or disgraceful;
(h)
has allowed any unauthorized person to carry on valuation, appraisal, estate agency or property management business in his name;
(i)
has carried on by himself, directly or indirectly, any profession, trade, business or calling which is incompatible with valuation, appraisal, estate agency or property management practice; or
(j)
has sold, leased, sublet, transferred or otherwise permitted any other person to use his authority to practise issued to him under this Act, the Board may make an order—
(i)
cancelling his registration under the appropriate Part of the appropriate Register;
(ii)
suspending his practice for a period not exceeding three years;
(iii)
admonishing him and recording such admonishment in the appropriate Register;
(iv)
admonishing him or imposing a fine not exceeding ten thousand ringgit or both and recording such admonishment or fine in the appropriate Register;
Valuers, Appraisers, Estate Agents and Property Managers 51
(v)
imposing a fine not exceeding twenty-five thousand ringgit and recording such fine in the appropriate Register and that he be suspended from practice until the fine is paid;
(vi)
prohibiting him from applying to the Board for registration until all the conditions specified by the Board have been complied with.;
(vii)
warning him; or
(viii)
dismissing the charge.
(1A)
Where the Board makes an order under paragraphs(1)(ii) to (v), the
Board may, in addition, order the person against whom the order is made to pay to the Board the costs of the proceedings not exceeding five thousand ringgit, and such fine and costs shall be recoverable as a debt payable to the
Board.
(2)
The Board shall not make any order under subsection (1) or (1A)
unless—
(a)
there has been a hearing at which not less than ten members of the Board are present; and
(b)
an opportunity of being heard, with or without the assistance of counsel, has been given to the person facing disciplinary action.
(2A)
No order of suspension of practice or cancellation of registration shall be effective—
(a)
where no appeal is filed, until after the expiry of the appeal period; or
(b)
where an appeal is filed, until the Appeal Board affirms the decision.
(3)
Any order made by the Board under paragraphs (1)(i) and (ii) shall be published in such newspaper or any other media including the electronic media
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as the Board may deem fit if no appeal against the order has been lodged under sections 27 and 29 within forty days of the date of the making of the order.
(3A)
Any order made by the Board under paragraphs (1) (iii), (iv) and (v)
may be published in such publication as the Board may deem fit if no appeal against the order is lodged under section 27 within forty days of the date of the making of the order.
(4)
If an appeal has been lodged and subsequently withdrawn the order shall be published within twenty-one days of the date of the receipt of the notice withdrawing the appeal.
(5)
If the appeal is pursued and the decision of the Appeal Board contains a cancellation of registration or suspension of practice order such order shall be published within twenty-one days of the order made.
Removal from Register