REGISTRATION OF ENGINEERS ACT

213

ACT 138 REGISTRATION OF ENGINEERS ACT 1967

(Revised 1987)
Revised up to Date of Royal Assent Date of publication in Gazette Enacted in 1967 as Act No. 66 of 1967 1987 12th January 1987 15th January 1987

214

ACT 138
R E G I S T R AT I O N O F E N G I N E E R S A C T

1967

(Revised 1987)

ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY Section 1. Short title. 2. Interpretation.

PART II
BOARD OF ENGINEERS 3. Establishment of Board of Engineers. 4. Functions of the Board.

PART III
REGISTRATION OF ENGINEERS 5. Register. 6. Appointment and duties of Registrar. 7. Restrictions on unregistered person and registered Graduate Engineers. 7A. Engineering practice by bodies corporate. 8. Only registered Professional Engineer may submit plans or drawings. 9. Registered Engineers subject to this Act. 10. Qualifications for registration. 10A. Temporary registration of foreign engineers. 11. (Repealed). 12. Application for registration. 13. Certificate of registration. 14. Notification of change of address.

PART IV
CANCELLATION, REMOVAL AND REINSTATEMENT 15. Cancellation of registration. 16. Removal from Register. 17. Reinstatement. 18. Certificates to be returned.

PART V
GENERAL 19. 20. 21. 22. 23. 24. 24A. 25. 26. 26A. 27. Appeal. Appeal Board. Tenure of office of members of the Appeal Board. Procedure of Appeal. Procedure of Appeal Board. Penalties for obtaining registration by false pretences, etc. Restriction on employment of unregistered person as an Engineer. General penalty. Regulations. Authorization by President. Saving as to right of Government.

SCHEDULE

215

ACT 138
R E G I S T R AT I O N O F E N G I N E E R S A C T

1967

(Revised 1987) An Act to provide for the registration of Engineers and for purposes connected therewith. [23rd August, 1972]

PART I
PRELIMINARY
Short title.

1.

(1) This Act may be cited as the Registration of Engineers Act, 1967. (2) (Omitted). (3) The Minister may by notification in the Gazette suspend the operation of this Act in any part of Malaysia. In this Act unless the context otherwise requires appointed date means the date appointed for the commencement of this Act; Board means the Board of Engineers established by section 3(1);

Interpretation. [Act A132]

2.

[Act A662]

body corporate practising as consulting engineers means a body corporate incorporated under the Companies Act 1965 which has been approved by the Board to practise as consulting engineers under this Act; Engineer means a Civil Engineer, Electrical Engineer, Mechanical Engineer or Structural Engineer or other person qualified to be registered under this Act; prescribed means prescribed by regulations made under section 26; Register means the Register kept and maintained under section 5; registered Engineer means an Engineer registered under this Act;

[Act A132] [Act A132]

registered Graduate Engineer means an Engineer registered under section 10(1); registered Professional Engineer means an Engineer registered under section 10(2); Registrar means the Registrar of Engineers appointed under section 6(1).

PART II
BOARD OF ENGINEERS
Establishment of Board of Engineers.

3.

(1) For the purposes of this Act there is hereby established a board to be called Board of Engineers which shall be a body corporate with perpetual succession and a common seal and which may sue and be sued. (2) The Board shall consist of the following members to be appointed by the Minister: (a) a President who shall be a registered Professional Engineer; (b) not more than fourteen members who shall be registered Professional Engineers, five of whom shall be from a nomination list submitted by the Council of the Institution of Engineers (Malaysia); (c) one member on the nomination of the Board of Architects from among members of that Board established under the Architects Act, 1967; and (d) one member on the nomination of the Board of Quantity Surveyors from among members of that Board established under the Registration of Surveyors Act, 1967. (2A) Notwithstanding subsection (2), the first Board shall consist of the following members to be appointed by the Minister: (a) a President who shall be a person qualified to be registered as a registered Professional Engineer;

[Act A132] [Act A662]

[Act A662]

[Act A173]

216

(b) not more than fourteen members who shall be persons qualified to be registered as registered Professional Engineers, five of whom shall be from a nomination list submitted by the Council of the Institution of Engineers (Malaysia); (c) one member who shall be a person qualified to be appointed to the Board of Architects; and (d) one member who shall be a person qualified to be appointed to the Board of Quantity Surveyors. (3) The members of the Board referred to in subsection (2)(b) shall consist of the following: (a) not more than five Engineers who are in the public service of the Federation; (b) not more than two Engineers who are in the service of any local authority or statutory authority; (c) not more than five Engineers who are in private practice; and (d) not more than two Engineers who are in full time employment of any person or body of persons, not being in the public service of the Federation or in the service of local authority or statutory authority. (4) A member of the Board, including the President shall, unless he sooner resigns or his appointment is revoked, hold office for a term not exceeding three years and subject to subsection (5) shall be eligible for reappointment. (5) A member of the Board, including the President shall not be appointed for more than five consecutive years. (6) If any member of the Board dies or resigns or his appointment is revoked, a new member shall as soon as practicable be appointed in his place and the member so appointed shall hold office for the remainder of the term for which his predecessor was appointed. (7) The provisions of the Schedule shall have effect with respect to the Board. 4. (1) The functions of the Board shall be (a) to keep and maintain the Register; (b) to approve or reject applications for registration under this Act or to approve any such application subject to such restrictions as it may deem fit to impose; (c) to order cancellation, removal or reinstatement in accordance with Part IV; (d) to fix from time to time with the approval of the Minister the scales of fees to be charged by registered Engineers for professional advice or service rendered; (e) to hear and determine disputes relating to professional conduct or ethics of Engineers or to appoint a committee or arbitrator or arbitrators to hear and determine such disputes; (f) to determine and regulate the conduct and ethics of the engineering profession; and (g) generally, to do all such acts, matters and things as are necessary to carry out the provisions of this Act. (2) Without prejudice to the general powers conferred by subsection (1) the Board shall have power (a) to purchase or lease any land or building required for any of the purposes of the Board; (b) from time to time to borrow or raise money by bank overdraft or otherwise for the purposes specified in paragraph (a); and (c) to lease out, dispose, or otherwise deal in any immovable property of the Board.

[Act A662]

[Act A662]

[Act A132]

[Act A132]

[Act A173]

[Act A132]

Functions of the Board [Act A662]

[Act A132]

[Act A662]

PART III
REGISTRATION OF ENGINEERS 5. (1) The Board shall keep and maintain a Register which shall be in two Parts, that is to say(a) Part A - which shall contain the names, business addresses and other particulars of Engineers who are registered as Professional Engineers; and (b) Part B - which shall contain the names, business addresses and other particulars of Engineers who are registered as Graduate Engineers. (2) There shall be indicated against each name of an Engineer kept in the Register the branch or branches of engineering in which he is qualified to practise and particulars of any restrictions imposed by the Board under section 4(1)(b).
Register.

[Act A662]

217

Appointment & duties of Registrar.

6.

(1) The Minister may appoint a Registrar of Engineers who shall be under the general direction of the Board and who shall sign all certificates of registration and record all entries of registration, cancellations and reinstatements in the Register. (2) The Registrar shall (a) as soon as may be convenient after the first day of January of each year, prepare and publish in the Gazette a list containing the names, qualifications (including the branch or branches of engineering to which the qualifications to practise relate) and addresses of all registered Engineers together with particulars of any restrictions imposed by the Board under section 4(1)(b); and (b) from time to time publish in the Gazette the names, qualifications and addresses of Engineers added to or removed from the Register together with particulars of any restrictions imposed by the Board under section 4(1)(b) on such Engineers. (3) In any proceedings a list published under subsection (2) shall be prima facie proof that the Engineers whose names appear therein are registered Engineers; and the absence of the name of any Engineer from the list shall be prima facie proof that the Engineer is not a registered Engineer. (4) The Registrar may annually publish and offer for sale copies of the Register.

[Act A662]

[Act A662]

Restriction on unregistered persons and registered Graduate Engineers. [Act A218]

7.

(1) No person shall unless he is a registered Professional Engineer (a) practise, carry on business or take up employment as an Engineer; (aa) do so under any name, style or title (i) bearing the words Professional Engineer, Registered Engineer or the equivalent thereto in any other language; or (ii) bearing any other word whatsoever in any language which may reasonably be construed to imply that he is a registered Professional Engineer; (b) use or display any sign, board, card or other device representing or implying that he is a registered Professional Engineer; or (c) be entitled to recover in any court any fee, charge or remuneration for any professional advice or services rendered as an Engineer. (2) Notwithstanding subsection (1) (a) a registered Graduate Engineer may with the written approval of the Board take up employment as an Engineer; (b) a person who is a registered Professional Engineer by virtue of section 10(2)(iii) as in force on the appointed date and who, on the 1st March, 1974, was not practising as an Engineer in private practice shall not, at any time after that date, so practise unless(i) he holds a certificate from the Board that he has obtained a professional qualification approved by the Board; or (ii) he is a Corporate Member of the Institution of Engineers (Malaysia). (3) Subsection (1) shall not apply in the case of a person who holds a certificate (a) issued under the Electricity Act, 1949, the Factories and Machinery Act, 1967, or any other written law, certifying that he possesses a qualification prescribed for the purposes of those Acts or that other written law; or (b) issued by any person, body, authority or institution specified from time to time by the Board by notification in the Gazette, certifying that he holds a qualification for the purposes of any vocation, to the extent of his authority under the certificate.

[Act A218] [Act A218]

[Act A662] [Act A662]

Engineering practice by bodies corporate.

[Act A662]

7A. (1) Notwithstanding section 7(1), a body corporate may practise as consulting engineers and recover in any court any fee, charge or remuneration for any professional advice or services rendered by it pursuant to its practice as consulting engineers carried on by virtue of this section, if it has the written approval of the Board to so practise and has been issued with a valid permit in respect thereof. (2) Every application by a body corporate for approval to practise as consulting engineers shall be made to the Board in the prescribed form and manner and shall be accompanied by the prescribed fee. (3) The Board shall grant its approval for a body corporate to practise as consulting engineers, subject to such conditions and restrictions as it may deem fit to impose, if (a) the board of directors of the body corporate consists-

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entirely of individual persons who are registered Professional Engineers; or of a majority of individual persons who are registered Professional Engineers and any other individual persons who are architects, quantity surveyors or land surveyors registered under any written law relating to the registration of such professions, or other individual persons belonging to a profession allied to the practice of engineering and who have been approved in writing by the Board; and (b) all the shares in the body corporate are either held by the persons mentioned in paragraph (a)(i) or (a)(ii), as the case may be, provided always that the registered Professional Engineers shall have a controlling interest in the shares of the body corporate. (4) A body corporate practising as consulting engineers shall, within thirty days of the occurrence of any change in the compositions of its board of directors or its shareholders, furnish to the Board a true report in writing giving full particulars of the change. (5) If the Board finds that (a) the body corporate practising as consulting engineers or any of its directors or shareholders has breached, or failed to comply with or carry out, any of the terms, conditions or restrictions imposed by the Board when granting approval; (b) the composition of the board of directors or the shareholding of the body corporate practising as consulting engineers does not comply with subsection(3); (c) the body corporate practising as consulting engineers has breached any of the requirements of subsection (4); or (d) any director or shareholder of a body corporate practising as consulting engineers, whether such director or shareholder is a registered Professional Engineer or not, has committed, or is guilty of, or has contributed to, any of the acts or things set out in paragraphs (a) to (m) of section 15(1), the Board may, subject to subsection (6), by written notice to the body corporate, withdraw the approval given under subsection (3). (6) (a) The Board shall not withdraw its approval given under subsection (3) unless (i) there has been a hearing of the grounds of complaint against the body corporate and any of its directors or shareholders who has caused, contributed or been a party to, the grounds of complaint, conducted by at least two thirds of the total number of members of the Board; and (ii) an opportunity to be heard, by representative appointed in writing or by counsel in the case of a body corporate, or personally or by counsel in the case of any director or shareholder, has been given to such body corporate, director or shareholder, as the case may be. (b) In any case where the grounds of complaint are based on subsection (5)(d), the Board shall not withdraw its approval if, on the date of hearing, such body corporate satisfies the Board(i) that the director or shareholder who has committed, or is guilty of, or has contributed to, such act or thing as forms the grounds for the complaint has ceased to be a director or shareholder, or both, of such body corporate; (ii) that notwithstanding that such director or shareholder has ceased to be a director or shareholder, or both, such body corporate is able to comply with all the terms, conditions and restrictions imposed by the Board pursuant to subsection (3); and (iii) that no other director or shareholder of such body corporate was, otherwise than by being its director or shareholder at the material date, in any way a party to, or connected with, the act or thing as forms the grounds for the complaint. (7) Upon the Board withdrawing its approval pursuant to subsection (5), the body corporate shall cease to practise as consulting engineers but it shall be entitled to recover in any court any fee, charge or remuneration for any professional advice or services rendered by it pursuant to its practice as consulting engineers where such advice was given or such services were rendered prior to the date of receipt of the notice from the Board withdrawing its approval. (8) (a) The Board may at any time, upon receipt of an application by a body corporate whose approval to practise as consulting engineers has been withdrawn pursuant to subsection (5), grant a fresh approval to such body corporate if it is satisfied that -

(i) (ii)

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the reason which led to the withdrawal of its approval no longer exists; and the body corporate, at the time of such application, complies with the terms, conditions and restrictions imposed by the Board pursuant to subsection (3) at the time of the original approval. (b) In granting a fresh approval under paragraph (a) the Board may impose such additional terms, conditions and restrictions as it thinks fit. (9) There shall be no appeal against (a) any refusal of the Board to grant approval for a body corporate to practise as consulting engineers; or (b) any terms, conditions or restrictions imposed by the Board at the time of granting approval. (10) The Registrar shall, upon receipt of the prescribed fee, issue to any body corporate whose application to practise as consulting engineers has been approved by the Board a permit in the prescribed form. (11) Every permit shall, subject to this Act, expire on the 31st day of December of the year in which it is issued and shall thereafter be renewable annually upon payment of the prescribed fee. (12) A body corporate which has been approved by the Board to practise as consulting engineers before the commencement of this section shall be deemed to have obtained such approval under this section, and the provisions of this section shall apply to such body corporate in the same manner as they would apply to it if it had obtained the approval under this section.
Only registered Professional Engineer may submit plans or drawings. [Act A662]

(i) (ii)

8.

(1) Except as otherwise provided under any other written law (a) no person other than a registered Professional Engineer who is residing in Malaysia, shall be entitled to submit plans, drawings, schemes, proposals, reports, designs or studies to any person or authority in Malaysia; and (b) no person other than a registered Professional Engineer shall be entitled to describe himself as a Professional Engineer and to use the abbreviation Ir. before his name or the abbreviation P.Eng. after his name or in any way in association with his name. (2) The right of a registered Professional Engineer to submit plans, drawings, schemes, proposals, reports, designs or studies to any person or authority in Malaysia is subject to any restrictions imposed by the Board under section 4(1)(b), and is restricted to the right to submit such documents only in relation to the branch of engineering in which the registered Professional Engineer is qualified as shown by the entries made in the Register under section 5(2). (3) Nothing contained in any written law shall prevent any registered Professional Engineer from making valuations of any structure, plant, machinery and equipment, and making valuations for mining purposes, in connection with his professional practice. (4) Nothing in this section shall prohibit (a) any person who, on the appointed date, was registered with any Government department, local authority or statutory authority for the purpose of submitting plans, drawings, schemes, proposals, reports, designs or studies to that department or authority to continue to submit them to that department or authority, subject to such terms and conditions as may be or have been imposed under such registration; (b) any person holding one of the certificates referred to in section 7(3) from continuing to do all things which the certificate enables or authorizes him to do; (c) any person from submitting plans or drawings where such plans or drawings are in connection with equipment, plant or specialised product invented or sold by him or his employer. For the purpose of this paragraph the expression employer shall not include a client; and (d) any person registered under section 10A from submitting plans, drawings, schemes, proposals, reports, designs or studies to any person or authority in Malaysia, subject to such conditions or restrictions as the Board may impose from time to time.

Registered Engineers subject to this Act. Qualifications for registration. [Act A132]

9. 10.

Every registered Engineer shall be subject to this Act. (1) (a) Subject to this Act, any person who holds the qualification required for Graduate Membership of the Institution of Engineers (Malaysia) or such other qualification as the Board considers to be equivalent thereto, shall be entitled on application to be registered as a Graduate Engineer.

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(b) Subject to this Act, a person who is registered as a Graduate Engineer under paragraph (a) shall be required to obtain such practical experience as may be prescribed by the Board after consultation with the Minister in order to be entitled to apply for registration as a Professional Engineer under subsection (2). (2) Subject to this Act, the following persons shall be entitled on application to be registered as Professional Engineers: (i) any person who (a) is registered as a Graduate Engineer; (b) has obtained the practical experience as prescribed under subsection (1)(b); and (c) has passed a professional assessment examination conducted by the Board, or is a Corporate Member of the Institution of Engineers (Malaysia) or has obtained a professional qualification which the Board considers to be equivalent thereto; (ii) any person who, on the appointed date, was a Corporate Member of the Institution of Engineers (Malaysia) or held a professional qualification which the Board considers to be equivalent thereto; (iii) any person who satisfies the Board that he was practising or was carrying on business or was employed as a bona fide Engineer immediately before the appointed date and who applies for registration within twelve months of that date; Provided that a person who comes within the scope of section 7(3), shall not be entitled to be registered under this paragraph unless he holds a professional qualification recognised by the Board for the purposes of this Act; and (iv) any person who, on the appointed date, had obtained a qualification which would have entitled him to be registered as a Graduate Engineer by virtue of subsection (1)(a) and who, after that date, has obtained outside Malaysia a professional qualification which the Board considers to be equivalent to that required for Corporate Membership of the Institution of Engineers (Malaysia). (3) For the purpose of subsection (2)(iv), a person shall be treated as having obtained a professional qualification outside Malaysia if, while undergoing the necessary course of studies, receiving the necessary instruction and training, and acquiring the necessary practical experience, he was entirely or mostly absent from Malaysia. (4) Subject to this Act, only a citizen or a permanent resident of Malaysia may qualify for registration as a Graduate Engineer or Professional Engineer and no person shall be entitled to be registered as a Professional Engineer unless he is at the time of application for registration, and has been for a period of not less than six months prior to the date of application, residing in Malaysia. (5) No person shall be entitled to be registered as a Professional Engineer if at any time prior to his registration there exist any facts or circumstances which would have entitled the Board to cancel his registration pursuant to section 15. (6) Sections 17(3) and 19(1) shall apply mutatis mutandis to any person whose application for registration has been rejected pursuant to subsection (5). 10A. (1) Subject to this section and such conditions as the Board may think fit to impose, the Board may, upon payment of the prescribed fee, approve the temporary registration as a Professional Engineer of any foreign engineer. (2) A foreign engineer may be considered for temporary registration if he satisfies the Board that (a) he possesses the necessary qualifications which is recognised for the practice of engineering as a Professional Engineer in the country where he normally practises; and (b) he possesses the necessary expertise and his physical presence is required in Malaysia for not less than one hundred and eighty days in one calendar year or he is a resident representative of the foreign component of a joint-venture. (3) The Board may approve a temporary registration for such period not exceeding one calendar year and may renew such temporary registration as it deems fit.

[Acts A132 & A662]

[Act A662]

[Act A218]

[Act

A218]

[Act A218]

[Act A662]

[Act A662]

[Act A662]

Temporary registration of foreign engineers. [Act A662]

221

(4) Any foreign engineer who is not satisfied with the decision of the Board in rejecting his application for temporary registration or the renewal thereof under this section may within twenty one days of being notified of the rejection, appeal to the Minister whose decision thereon shall be final and shall not be subject to appeal. (5) A foreign engineer registered under section 10 on or before the commencement of this section shall remain registered until the expiry of his registration. (6) A foreign engineer whose registration has expired may apply for temporary registration subject to the provisions of this section. (7) For the purpose of this section foreign engineer means an engineer who is not a citizen or a permanent resident of Malaysia. 11.
Application for registration. Certificate of registration. [Act A132]

(Repealed by Act A132) Application for registration shall be made to the Board in such manner as may be prescribed. (1) The Registrar shall upon receipt of the prescribed fee issue to any applicant whose application has been approved by the Board a certificate of registration in the prescribed form. (2) Every certificate of registration shall, subject to this Act, expire on the 31st day of December of the year in which it is issued and shall thereafter be renewable annually upon payment of the prescribed fee.

12. 13.

Notification of change of address.

14.

Every registered Engineer shall notify the Registrar of any change in his business address.

PART IV
CANCELLATION, REMOVAL AND REINSTATEMENT
Cancellation of registration. [Act A662]

15.

[Act A132]

[Act A662]

[Act A132] [Acts A132, A218 & A662] [Act A218] [Act A662] [Act A662]

[Act A662]

[Act A662]

[Act A662]

(1) Subject to this section the Board may order the suspension or the cancellation of the registration of any Engineer under any of the following circumstances: (a) if he is convicted of any offence involving fraud or dishonesty or moral turpitude in Malaysia or elsewhere; (b) if he offers or accepts any commission which in the opinion of the Board is an illicit commission; (c) if whilst acting in his professional capacity, he at the same time without disclosing the fact in writing to his client, is a 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 any such company or firm or business, with which he deals on behalf of his client; (d) if his registration under this Act has been obtained by fraud or misrepresentation or by reason of any mistake or error made by the Board in considering the application for registration; (e) 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; (f) if he is found to be of unsound mind or otherwise incapable of performing his professional duties or becomes a bankrupt; (g) if he is found by the Board to have contravened, or failed to comply with this Act or any regulations made thereunder; (h) if he fails to observe any restriction subject to which he is registered; (i) if he is found guilty by the Board of any act or conduct which in the opinion of the Board is infamous or disgraceful; (j) 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 body corporate to practise as consulting engineers; (k) if he conceals or assists in concealing from the Board the existence of any facts or circumstances which, if know, would entitle the Board to withdraw its approval from any body corporate practising as consulting engineers in which he is a director or shareholder; (l) if he contravenes, or fails to perform, or assists in the contravention of, any terms, conditions or restrictions imposed by the Board when granting approval to a body corporate under section 7A(3); (m) if he causes or permits or suffers any body corporate in which he is director or shareholder to practise as consulting engineer prior to the approval of the Board being obtained;

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(n) if he causes or permits or suffers any body corporate in which he is director or shareholder to continue to practise engineering after the Board had withdrawn its approval under section 7A(5); or (o) if after being removed from the Register under section 16(b) he fails to renew his registration for a continuous period of three years from the date of such removal. (2) The Board shall not make any order under subsection (1) unless (a) there has been a hearing at which at least two-thirds of the total number of members of the Board are present; and (b) an opportunity of being heard either personally or by counsel has been given to the registered Engineer against whom the Board intends to make the order. (3) The Board may, if it deems fit, suspend the registration of any registered Professional Engineer or body corporate practising as consulting engineers for a period not exceeding six months pending any investigation by the Board under this Act and during the period of such suspension he or it shall not exercise any of the rights or privileges accorded to him or it under this Act. (4) Any order made by the Board under this section shall be published in the Gazette within thirty-days of the making thereof. 16. There shall be removed from the Register the name and other particulars of any registered Engineer (a) who has died; (b) who has failed to renew his registration within one month of the expiry thereof; or (c) whose registration has been cancelled under section 15. (1) Any person whose name has been removed from the Register pursuant to an order of the Board under section 15, shall, if his appeal is allowed, forthwith be reinstated; and the fact of the reinstatement shall be published in the Gazette within thirty-days of the reinstatement. (2) Any person whose name has been removed from the Register for failure to renew his registration for a period of not more than three years shall be reinstated as soon as may be after he has notified the Registrar of his desire to be reinstated and upon payment of such fees as may be prescribed. (3) Any person whose name has been removed from the Register pursuant to an order of the Board under section 15 and who has not appealed against that order or whose appeal has been dismissed, may after the expiration of not less than six months from the date of the order of cancellation or from the date of the decision of the appeal apply for reinstatement. The Board upon receipt of satisfactory evidence of proper reasons for his reinstatement and upon reimbursement to it of all expenditure incurred by it arising out of the proceedings leading to cancellation of his registration and upon payment of the prescribed fee for a certificate of registration may register him again. 18. Any person whose name is removed from the Register shall within fourteen days after notification to him by registered post of the removal, surrender to the Board the certificate of registration issued to him under this Act.

[Act A662]

[Act A662]

[Act A662]

Removal from Register.

[Act A662]

17.

Reinstatement.

[Act A662]

[Act A132]

Certificates to be returned.

PART V
GENERAL 19. (1) Any person (a) who has been refused registration by the Board; (b) who has been registered but is dissatisfied with any restrictions imposed by the Board under section 4(1)(b); (c) who having been registered has had his name removed from the Register pursuant to an order made by the Board under section 15; or (d) who has been registered and has subsequently applied to have his registration extended to cover additional branches of engineering and has had his application refused, may within twenty-one days of being notified of the refusal, registration or removal, appeal to the Appeal Board constituted under section 20 and the Appeal Board may thereupon make such orders as it may deem just or proper. (2) The Board shall give effect to any order made by the Appeal Board forthwith.
Appeal. [Act A662]

223

Appeal Board.

20.

For the purpose of this Part there shall be established an Appeal Board consisting of a Judge of the High Court as Chairman who shall be appointed by the Yang di-Pertuan Agong (after consultation with the Lord President) and two other persons appointed by the Yang di-Pertuan Agong. A member of the Appeal Board shall unless he sooner resigns his office or his appointment is revoked hold office for such term as may be specified in the instrument appointing him and shall be eligible for re-appointment. (1) A notice of appeal against an order of the Board referred to in section 19 shall be in writing. (2) On receipt of the notice of appeal the President of the Board or in the absence of the President the member delegated by the President so to do shall cause to be prepared records or a summary of the records of the proceedings of the Board and the statement setting out the grounds on which the Board arrived at its decision. (3) Upon receiving the records or summary of the records and the grounds of the decision of the Board the Chairman of the Appeal Board shall convene a meeting of the Appeal Board to hear the appeal. (4) The Appeal Board after hearing the appeal may confirm or vary the decision of the Board. (5) The decision of the Appeal Board shall be final.

Tenure of office of members of the Appeal Board.

21.

Procedure of appeal.

22.

Procedure of Appeal Board. Penalties for obtaining registration by false pretences, etc.

23.

The Appeal Board shall at its discretion determine its own procedure.

[Act A662]

24. Any person who (a) procures or attempts to procure registration or a certificate of registration under this Act by knowingly making or producing or causing to be made or produced any false or fraudulent declaration, certificate, application or representation whether in writing or otherwise; (b) wilfully makes or causes to be made any falsification in the Register; (c) forges, alters or counterfeits any certificate of registration under this Act; (d) utters or uses any forged, altered or counterfeited certificate of registration under this Act knowing the same to have been forged, altered or counterfeited; (e) personates a registered Professional Engineer or a registered Graduate Engineer; (f) buys or fraudulently obtains a certificate of registration under this Act issued to another person; or (g) sells any certificate of registration issued under this Act, shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding two thousand ringgit.

Restriction on employment of unregistered person as an Engineer. [Act A662]

24A. (1) No person shall employ as an Engineer any person who is not registered under this Act. (2) Nothing in subsection (1) shall prohibit the employment of any person holding one of the certificates referred to in section 7(3) to do all things which the certificate enables or authorizes him to do. 25. (1) Any person who contravenes this Act or any regulations made thereunder shall be guilty of an offence and shall, where no penalty is expressly provided therefor, be liable, on conviction, to a fine not exceeding two thousand ringgit. (2) If a body corporate contravenes this Act or any regulations made thereunder every director, manager, secretary or other similar officer thereof shall be guilty of the same offence and be liable to the same penalty as the body corporate is guilty of and liable to, unless he proves that the offence was committed without his knowledge, consent or connivance or was not attributable to any neglect on his part. 26. The Board may with the approval of the Minister make regulations to prescribe anything which may be prescribed or is required to be prescribed under this Act or to enable it to perform any of its functions or to exercise any of its powers set out in this Act.

General penalty. [Acts A173 & A662]

[Acts A218 & A662]

Regulations. [Act A662]

Authorization by President. [Act A218]

26A. (1) Subject to subsection (2) and such policy as the Board may from time to time adopt, the President may from time to time, on payment of the prescribed fee and on such conditions or with such restrictions as he thinks fit to impose, in writing authorize any person who is not a registered Professional Engineer to do any act or thing that the person would, but

224

for the authorization, be prohibited, or not be entitled, to do, and may at any time, without assigning any reason therefor, withdraw the authorization by notice served on the person. (2) No person shall be authorized under this section to do any such act or thing for more than a total period of one hundred and eighty days in any one calendar year. (3) A person who does any such act or thing under and in accordance with an authorization under subsection (1) shall, notwithstanding any provision of this Act to the contrary, be deemed to be permitted or entitled to do that act or thing as if he were a registered Professional Engineer. 27. Nothing in this Act contained shall apply to anything done or omitted to be done by or under the authority of the Federal Government or the Government of any State.
Saving as to right of Government.

SCHEDULE
(Section 3(7)) 1. (1) The following persons shall be disqualified from being appointed or being members of the Board: (a) a person who is of unsound mind and/or is otherwise incapable of performing his duties; and (b) bankrupt. (2) A member of the Board shall vacate his office if he fails to attend three consecutive meetings of the Board without the permission in writing of the President or if he becomes disqualified under subparagraph (1). 2. (1) The Board shall meet at least once a year at such place as may from time to time be appointed by the President. (2) At any meeting of the Board the President shall preside, and in his absence the members shall elect one of their number to preside over the meeting. (3) Nine members of whom at least two shall be members appointed under section 3 (3)(a) or (b) and two shall be members appointed under section 3 (3)(c) or (d) personally present at any meeting of the Board shall constitute a quorum. (4) If on any question to be determined by the Board there is an equality of votes, the President or, in the case where the President is absent, the member presiding over that meeting shall have a casting vote. (5) Subject to sub-paragraphs (3) and (4) the Board shall determine its own procedure and, except in relation to sections 15 and 26, have power to delegate to committees appointed by the Board all or any of the functions of the Board upon such terms and subject to such conditions and restrictions as the Board may in its absolute discretion think fit. Any act, ruling or decision of any committee so appointed shall be deemed to be the act, ruling or decision of the Board. (6) The Board shall cause proper records of its proceedings and of the proceedings of any committee appointed by it to be kept. 3. (1) The Board shall have a common seal which shall bear such device as the Board may approve and such seal may from time to time be broken, changed, altered and made anew by the Board as the Board may think fit. (2) Until a seal is provided by the Board under this paragraph, a stamp bearing the description Board of Engineers may be used and shall be deemed to be the common seal. (3) The common seal shall be kept in the custody of the President and shall be authenticated by the President or other member acting in the absence of the President, and any document purporting to be sealed with the said seal, authenticated as aforesaid, shall until the contrary is shown be deemed to have been validly executed. 4. All monies arising from fees payable under this Act shall be paid to the Board to be applied in the first place to defraying the expenses of registration and other expenses of the administration of this Act including any expenses of the Board that may be allowed under any regulations made under this Act and thereafter to providing scholarships and the promotion of learning and education in connection with engineering. Monies not immediately required by the Board shall be invested in such trustee securities as the Board may from time to time determine.
[Act A132]

[Act A662]

[Act A662]

225

ACT 138
RE G I S T R AT I O N O F EN G I N E E R S AC T

1967

(Revised 1987)

LIST OF AMENDMENTS
Amending law Act A132 Act A173 Act A218 Short title Registration of Engineers (Amendments) Act, 1972. Registration of Engineers (Amendments) Act, 1973. Registration of Engineers (Amendments) Act, 1974. ss. 2, 3, 4, 5, 7, 8, 10, 11, 13, 15, 17, 24, Sch. ss. 3, 7, 8, 10, 25 ss. 7, 7A (new), 8, 10, 15, 25, 26A (new) ss. 2, 3, 4, 5, 6, 7, 7A, 8, 10, 10A (new), 15, 16, 17, 19, 24A (new), 25, 26, Sch.

Act A662 Registration of Engineers (Amendments) Act, 1987.

LIST OF LAWS OR PARTS THEREOF SUPERSEDED

No. Act 66 of 1967 Short title Registration of Engineers Act, 1967.

226

REGISTRATION OF ENGINEERS ACT 1967

Registration of Engineers Regulations 1990

227

REGISTRATION OF ENGINEERS ACT 1967 REGISTRATION OF ENGINEERS REGULATIONS 1990 ARRANGEMENT OF REGULATIONS
PART I
PRELIMINARY Regulations 1. Citation and commencement. 2. Interpretation.

PART II
ADMINISTRATION 3. Meetings of the Board. 5. Votes. 7. Minutes. 9. Secretary. 11. Cheque. 13. Expenses of the Board. 15. Financial year. 4. 6. 8. 10. 12. 14. Notice of meetings. Proxies not admitted. Committees. Bank account. Accounts. Audit.

PART III
REGISTRATION OF GRADUATE ENGINEERS AND PROFESSIONAL ENGINEERS 16. Forms of application. 17. Time limit for the Board to decide on application. 18. Registration fee and failure to pay the fee. 19. Forms of certificates of registration. 20. Renewal fee. 21. Fee for reinstatement. 22. Practical experience.

PART IV
CODE OF PROFESSIONAL CONDUCT 23. Conduct of Registered Engineer. 24. Responsibility to employer, client or profession. 25. Discharge of duties. 26. Reputation etc. of a Registered Engineer not to be injured. 27. Canvassing and advertising prohibited. 28. A Professional Engineer in private practice not to practise with any person whose registration has been cancelled. 29. Restrictions on making payments or placing contracts. 30. Restriction on entering professional partnership. 31. A Professional Engineer in private practice not to intervene or to take over the work of another. 32. Restrictions on being a director, member or shareholder of contracting and manufacturing company, etc. 33. Disclosure of interest.

PART V
REGISTRATION OF BODIES CORPORATE PRACTISING AS CONSULTING ENGINEERS 34. Form of application for body corporate to practise as consulting engineers and registration fee for body corporate. 35. Permit for body corporate to practise as consulting engineers. 36. Renewal of permit.

PART VI
PROFESSIONAL ASSESSMENT EXAMINATION 37. Form of application to sit for Professional Assessment Examination. 38. Professional Assessment Examination.

PART VII
REVOCATION 39. Revocation.

SCHEDULE

228

REGISTRATION OF ENGINEERS ACT 1967 REGISTRATION OF ENGINEERS REGULATIONS 1990*

In exercise of the powers conferred by section 26 of the Registration of Engineers Act 1967, the Board of Engineers, with the approval of the Minister, makes the following regulations:
Act 138.

PART I
PRELIMINARY 1. (1) These Regulations may be cited as the Registration of Engineers Regulations 1990. (2) These Regulations shall be deemed to have come into force on 1st July 1987. (3) All acts done after 1st July 1987 and before the publication of these Regulations shall be deemed to have been lawfully done under these Regulations as if these Regulations were in force when the same were done. 2. In these Regulations, unless the context otherwise requires Board means the Board of Engineers established by section 3(1) of the Act; foreign engineer means an engineer who is not a citizen or permanent resident of Malaysia; President means the President of the Board appointed under section 3(2) of the Act; Professional Engineer in private practice means a registered Professional Engineer (other than a salaried employee) who is engaged in advising on engineering matters or in designing and supervising the construction of engineering works whether he is so engaged alone or in partnership; Registrar means the Registrar of Engineers appointed under section 6(1) of the Act; Secretary means the Secretary appointed by the Board under regulation 9.
Interpretation. Citation and commencement.

PART II
ADMINISTRATION 3. (1) The Secretary shall convene a meeting of the Board whenever requested to do so by the President or in writing by not less than five members of the Board. (2) The Secretary shall consult the President on any business other than of a routine nature requiring attention before each meeting of the Board. 4. (1) Not less than fourteen days notice in writing shall be given specifying the place, date and time of a meeting and the business to be conducted in such meeting. (2) The accidental omission to give notice of a meeting under this regulation to one or more members of the Board or the non-receipt thereof shall not in any manner affect the validity of or prejudice anything done or agreed to at such meeting. 5. A resolution shall be proposed and seconded before being put to the vote. Voting shall be by show of hands or by secret ballots as may be decided by the President or the member presiding. A declaration by the President or the member presiding that a resolution has been carried by a particular majority shall be conclusive, and an entry to that effect in the minutes of the meeting shall be conclusive evidence thereof without proof of the number or proportion of votes recorded in favour of or against such resolution. Votes shall only be given by members present and voting. Minutes of every meeting shall be kept by the Secretary and such minutes if purporting to be signed by the President or the member presiding of the next succeeding meeting shall be conclusive evidence of the facts stated therein.
Votes. Notice of meetings. Meetings of the Board.

6. 7.

Proxies not admitted. Minutes.

* Published as P.U.(A) 128/1990. 229

Committees

8.

(1) The Board may from time to time by resolution appoint committees from amongst its members or persons whom the Board considers suitable; and the Board may by resolution at any time dissolve any committee so appointed. (2) A committee appointed under sub-regulation (1) may invite any person to attend its meeting and to take part in its deliberation but such person shall have no vote. (3) The Registrar and the Secretary shall be ex-officio members of all committees.

Secretary

9.

(1) The Board may appoint a person to act as Secretary to the Board. (2) The Secretary shall keep the minutes of all meetings of the Board and its committees and shall send notices of meetings and perform such other functions as may be determined by the Board. (3) The Secretary shall receive and be responsible for all monies payable to the Board and shall present (a) at each meeting of the Board a statement of account showing receipts and expenditure as on the last day of the month preceding the month of the meeting; and (b) not later than 30th June in each year the audited accounts for the preceding financial year.

Bank account

10.

All payments received shall be deposited to the credit of the account of the Board with a bank or banks approved by the Board, provided that the Secretary may keep as petty cash a sum not exceeding fifty ringgit. All cheques on the bank account of the Board shall, unless and until otherwise from time to time resolved by the Board, be signed by the President or in his absence by a member appointed for that purpose by the Board and two other members of the Board. (1) The Board shall cause to be kept and maintained proper accounts and records relating to (a) the assets and liabilities of the Board; (b) the sums of money received and expended by or under the authority of the Board. (2) The books of accounts and records shall be kept in the custody of the Secretary or at such place as the Board may determine.

Cheque

11.

Accounts

12.

Expenses of the Board.

13.

(1) The President, the Registrar and the Secretary may be paid from the funds of the Board such remuneration as the Board may determine from time to time. (2) There may be paid to members of the Board and members of committees such allowances for attending meetings of the Board or the committee thereof, such reasonable travelling expenses and subsistence allowances for being away from their place of residence for performing the duties of the Board.

Audit Financial year

14. The accounts of the Board shall at least once every year be audited. 15. The financial year of the Board shall end on 31st December.

PART III
REGISTRATION OF GRADUATE ENGINEERS AND PROFESSIONAL ENGINEERS
Forms of application

16.

(1) Every person desirous of being registered as a Graduate Engineer under the Act shall make an application to the Board in Form A in the Schedule. (2) Every person desirous of being registered as a Professional Engineer under the Act shall make an application to the Board in Form B1 in the Schedule. (3) Every foreign engineer desirous of being temporarily registered as a Professional Engineer under the Act shall make an application to the Board in Form B2 in the Schedule.

Time limit for the Board to decide on application. Registration fee and failure to pay the fee.

17. 18.

Every application for registration shall be decided upon by the Board within 4 months from the date of receipt of such application. (1) No registration fee is chargeable in respect of registration of a Graduate Engineer under the Act. (2) Any person whose application for registration as a Professional Engineer made under sub-regulation (2) of regulation 16 has been approved shall, within two months of the date of notification of such approval, pay to the Board a registration fee of one hundred and fifty ringgit.

230

(3) Any foreign engineer whose application for temporary registration as a Professional Engineer made under sub-regulation (3) of regulation 16 has been approved shall, within two months of the date of notification of such approval, pay to the Board a registration fee of two hundred ringgit. (4) Failure to pay the registration fee within the period stipulated under sub-regulation (2) or (3), as the case may be, shall be treated as if the application has been withdrawn by such person, and no subsequent application from him shall be considered before the expiry of one year from the date on which his previous application was approved: Provided that the Board may consider an application before the expiry of the aforementioned period if it is satisfied that failure to pay the registration fee in respect of the previous approval was for sufficient cause or reason. 19. (1) An Engineer registered under the Act shall be issued with a certificate duly signed by the President and the Registrar and sealed with the common seal of the Board. (2) A certificate of registration issued to a Graduate Engineer shall be in Form C in the Schedule. (3) A certificate of registration issued to a Professional Engineer shall be in Form D1 in the Schedule. (4) A certificate of temporary registration issued to a foreign engineer as a Professional Engineer under the Act shall be in Form D2 in the Schedule. 20. (1) Every Professional Engineer desirous of renewing his registration under section 13(2) of the Act shall submit to the Board an application for renewal in Form H in the Schedule on or before 31st January of the year following the year of the expiration of his registration and accompanied with the renewal fee in the form of money order, bank draft or cheque made in favour of the Board. (2) The renewal fee in respect of a foreign engineer shall be two hundred ringgit, and in respect of any other Engineer shall be one hundred ringgit. 21. Any person whose name has been removed from the Register pursuant to section 16(b) of the Act for failure to renew his registration shall, when notifying the Registrar of his desire to be reinstated pursuant to section 17(2) of the Act, pay a reinstatement fee of one hundred and fifty ringgit.
Fee for reinstatement. Renewal fee. Forms of certificates of registration.

22. (1) The practical experience that a registered Graduate Engineer is required to obtain under section 10(1)(b) of the Act in order to be entitled to apply for registration as a Professional Engineer shall be carried out in a manner satisfactory to the Board for a period of three years(a) in the planning, design, execution or management of such works as comprised within the profession of engineering; (b) in engineering research; or (c) in the teaching in a course leading to a qualification approved by the Board, and at least one year of such practical experience shall be obtained in Malaysia under the supervision of a registered Professional Engineer of the same discipline or an approved allied discipline and shall be in fields of engineering practice other than in research or teaching. (2) Notwithstanding sub-regulation (1), if the Board is satisfied for sufficient cause or reason, the Board may in any particular case exempt either wholly or partially the requirement as to the practical experience required to be obtained in Malaysia or the requirement as to the supervision by a registered Professional Engineer in Malaysia: Provided that the total practical experience to be obtained shall not be less than three years. (3) A registered Graduate Engineer applying for registration as a Professional Engineer under section 10(2) of the Act shall submit with his application proof in writing of his practical experience. Such submission shall include details of duration and the description of the practical experience and a statement by the said supervisory Professional Engineer

Practical experience.

231

under sub-regulation (1) in the case of experience obtained in Malaysia or by an engineer acceptable to the Board in the case of experience obtained outside Malaysia, that the registered Graduate Engineer has satisfactorily completed his practical experience.

PART IV
CODE OF PROFESSIONAL CONDUCT
Conduct of Registered Engineer.

23. Every Registered Engineer shall at all times uphold the dignity, high standing and reputation of his profession. 24. A Registered Engineer in his responsibility to his employer, client or the profession shall have full regard to the public interest. 25. (1) A Registered Engineer shall discharge his duties to his employer or client as the case may be with complete fidelity. (2) Except with the permission of his employer, a Registered Engineer shall not accept any remuneration for services rendered other than from his employer.

Responsibility to employer, client or profession. Discharge of duties.

Reputation etc. of a Registered Engineer not to be injured

26. A Registered Engineer shall not maliciously injure or attempt to maliciously injure whether directly or indirectly, the professional reputation, prospects or business of another Registered Engineer. 27. A Registered Engineer shall not (a) canvass or solicit professional employment; (b) offer to make by way of commission or any other payment for the introduction of his professional employment; or (c) except as permitted by the Board, advertise in any manner or form in connection with his profession. 28. A Professional Engineer in private practice shall not practise engineering with any person whose registration has been cancelled. 29. A Professional Engineer in private practice shall not be a medium of payment made on his clients behalf unless he is so requested by his client nor shall he, in connection with work on which he is employed, place contracts or orders except with the authority of and on behalf of his client. 30. A Professional Engineer in private practice shall not without the approval of the Board enter into professional partnership with any person other than a Professional Engineer in private practice, a Registered Architect, a Registered Quantity Surveyor or a Licensed Land Surveyor. 31. A Professional Engineer in private practice shall not directly or indirectly (a) supplant or attempt to supplant another Professional Engineer in private practice; (b) intervene or attempt to intervene in or in connection with engineering work of any kind which to his knowledge has already been entrusted to another Professional Engineer in private practice; or (c) take over any work of that other Professional Engineer in private practice acting for the same client unless he has (i) obtained the consent of that other Engineer; or (ii) been formally notified by the client that the services of that other Engineer have been terminated in accordance with the provisions of any contract entered into between that other Engineer and the client.

Canvassing and advertising prohibited

A Professional Engineer in private practice not to practice with any person whose registration has been cancelled Restrictions on making payments or placing contracts.

Restriction on entering professional partnership.

A Professional Engineer in private practice not to intervene or to take over the work of another.

Restrictions on being a director, member or shareholder of contracting and manufacturing company, etc.

32. (1) Except with the prior approval of the Board, a Professional Engineer in private practice shall not be a director or executive of or substantial shareholder in or agent for any contracting or manufacturing company or firm or business related to building or engineering. (2) If such approval is given, such Professional Engineer shall not undertake any contract work wherein he is engaged as a consulting engineer in such project unless it is in respect of a design and build project.

Disclosure of interest.

33. Every Registered Engineer while acting in his professional capacity shall disclose in writing to his client of the fact if he is a 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 any such company or firm or business, with which he deals on behalf of his client.

232

PART V
REGISTRATION OF BODIES CORPORATE PRACTISING AS CONSULTING ENGINEERS 34. (1) Every body corporate desirous of practising as consulting engineers under section 7A of the Act shall submit an application to the Board in Form E in the Schedule. (2) Every such application shall be accompanied by a fee of twenty-five ringgit in the form of money order, bank draft or cheque made in favour of the Board. 35. When the application made under regulation 34 is approved by the Board, the Board shall issue a permit to the applicant in Form F in the Schedule. 36. (1) Every body corporate desirous of renewing the permit issued pursuant to regulation 35 shall submit to the Board an application for renewal in Form H in the Schedule on or before 31st January of the year following the year of the expiration of the permit and accompanied by the renewal fee of twenty-five ringgit in the form of money order, bank draft or cheque made in favour of the Board. (2) On receipt of such application for renewal, the Board shall issue to the applicant a permit in Form F in the Schedule.
Form of application for body corporate to practise as consulting engineers and registration fee for body corporate. Permit for body corporate to practice as consulting engineers. Renewal of permit.

PART VI
PROFESSIONAL ASSESSMENT EXAMINATION 37. Every registered Graduate Engineer having the practical experience as mentioned in regulation 22 desirous of sitting for the Professional Assessment Examination for the purpose of applying to be registered as a Professional Engineer shall submit to the Board his application in Form G in the Schedule and accompanied by a fee of two hundred ringgit in the form of money order, bank draft or cheque made in favour of the Board. 38. The Professional Assessment Examination that a registered Graduate Engineer has to pass under section 10(2)(i)(c) of the Act in order to be entitled to be registered as a Professional Engineer shall consist of (a) a professional interview conducted by not less than two examiners appointed by the Board from time to time; (b) a written paper on a technical subject related to the practical experience which he has obtained; and (c) a written paper on his understanding of the Code of Professional Conduct.
Form of application to sit for Professional Assessment Examination.

Professional Assessment Examination.

PART VII
REVOCATION 39. The Registration of Engineers Regulations 1972 are revoked with effect from the commencement of these Regulations.
Revocation. P.U.(A) 290/72.

233

SCHEDULE

FORM A REGISTRATION OF ENGINEERS ACT 1967 REGISTRATION OF ENGINEERS REGULATIONS 1990

(Regulation 16)
Application form for registration as a Graduate Engineer under section 10 of the Registration of Engineers Act 1967.

(To be completed by Applicant in BLOCK LETTERS:)

Name Sex Citizenship Place and Date of Issue Regular Business Address Tel. No. Postal Address (if different from above) Academic Qualifications: Professional Qualifications/Training, if any: NOTE: Penalty for false pretences. Section 24 (a) of the Registration of Engineers Act 1967: Any person who procures or attempts to procure registration or a certificate of registration under this Act by knowingly making or producing or causing to be made or produced any false or fraudulent declaration, certificate, application or representation whether in writing or otherwise shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding two thousand ringgit. Declaration to be signed by the Applicant: Date of Birth Race Place of Birth Identity Card/Passport No

To the Registrar, Board of Engineers, Malaysia

I, the undersigned, apply for registration as a Graduate Engineer and declare as follows: I agree to abide by the Registration of Engineers Regulations 1990 including the Code of Professional Conduct.

Date

Signature of Applicant

NOTE: Applicant should submit certified copies of testimonials, certificates and other relevant documents in support of the application.

For Office Use Only

Date Received Decision of Board Approved Reasons Date Applicant Notified Serial No. Entered on Register Date Certificate of Registration Issued Refused Deferred Date Circulated to Board Members

234

FORM B1 REGISTRATION OF ENGINEERS ACT 1967 REGISTRATION OF ENGINEERS REGULATIONS 1990

(Regulation 16)
Application form for registration as a Professional Engineer under section 10 of the Registration of Engineers Act 1967.

(To be completed by Applicant in BLOCK LETTERS:)

Name Sex Citizenship Place and Date of Issue Regular Business Address Tel. No. Postal Address (if different from above) Academic Qualifications: Professional Qualifications/Training: NOTE: Penalty for false pretences. Section 24 (a) of the Registration of Engineers Act 1967: Any person who procures or attempts to procure registration or a certificate of registration under this Act by knowingly making or producing or causing to be made or produced any false or fraudulent declaration, certificate, application or representation whether in writing or otherwise shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding two thousand ringgit. Declaration to be signed by the Applicant: Date of Birth Race Place of Birth Identity Card/Passport No

To the Registrar, Board of Engineers, Malaysia

I, the undersigned, apply for registration as a Professional Engineer and declare as follows:
(1) I (a) am a registered Graduate Engineer; (b) have undergone the prescribed practical experience; and * (c) am a Corporate Member of the Institution of Engineers (Malaysia), or * (d) have passed the Boards Professional Assessment Examination. I agree to abide by the Registration of Engineers Regulations 1990 including the Code of Professional Conduct. Date *Delete whichever is not applicable NOTE: Applicant should submit certified copies of testimonials, certificates and other relevant documents in support of the application including, in the case of a registered Graduate Engineer, proof of the prescribed practical experience. Signature of Applicant

For Office Use Only

Date Received Decision of Board Approved Reasons Date Applicant Notified Receipt No. Serial No. Sent on Date Registration Fee Received Entered on Register Date Certificate of Registration Issued Refused Deferred Date Circulated to Board Members

235

FORM B2 REGISTRATION OF ENGINEERS ACT 1967 REGISTRATION OF ENGINEERS REGULATIONS 1990

(Regulation 16)
Application form for temporary registration as a Professional Engineer under section 10A of the Registration of Engineers Act 1967.

1. PERSONAL DETAILS (To be completed by Applicant in BLOCK LETTERS:)

Name Sex Citizenship Date of Birth Passport No. Expiry Date Tel. No. Place of Birth Place and Date of Issue Postal Address

2. ACADEMIC QUALIFICATIONS (*)

Degree

University / College

Year of Award

3. MEMBERSHIP OF PROFESSIONAL BODIES/INSTITUTIONS (*)

4. SPECIAL FIELD OF EXPERTISE AND EXPERIENCE

5. ASSIGNMENT IN MALAYSIA
(a) Post to be held (b) Name of Company/Government Organisation offering assignment: (c) Description of project (d) Duration of assignment (stipulate date) from (e) Other relevant information (*) Please attach certified copies of certificates, documents etc. Where space provided is insufficient, please attach annexed sheet. to

6. LOCAL SPONSOR
Name of Local Sponsor Address Tel. No.

236

7. DECLARATION TO BE SIGNED BY THE APPLICANT:

To the Registrar, Board of Engineers, Malaysia
I, the undersigned, apply for temporary registration as a Professional Engineer and declare as follows: (a) the particulars given in this form and the certificates attached are true and correct; (b) upon temporary registration as a Professional Engineer in Malaysia, I will adhere and abide by all the laws of the country and any amendments made thereto.

Date

Signature of Applicant

8. ENDORSEMENT BY SPONSOR

Signature of Sponsor Name Designation Company Date NOTE: Penalty for false pretences. Section 24(a) of the Registration of Engineers Act 1967: Any person who procures or attempts to procure registration or a certificate of registration under this Act by knowingly making or producing or causing to be made or produced any false or fraudulent declaration, certificate, application or representation whether in writing or otherwise shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding two thousand ringgit.

For Office Use Only

Date Received Decision of Board Approved Reasons Date Applicant Notified Receipt No Serial No Sent on Date Registration Fee Received Entered on Register Date Certificate of Registration Issued Refused Deferred Date Circulated to Board Members

237

FORM C REGISTRATION OF ENGINEERS ACT 1967 REGISTRATION OF ENGINEERS REGULATIONS 1990

(Regulation 19)
Certificate No

BOARD OF ENGINEERS MALAYSIA

Certificate of Registration
THIS IS TO CERTIFY THAT
Name Address Branch of Engineering having complied with the requirements of the Registration of Engineers Act 1967 is registered as a GRADUATE ENGINEER. Registration Serial No.

Common Seal

President

Date Issued

Registrar

FORM D1 REGISTRATION OF ENGINEERS ACT 1967 REGISTRATION OF ENGINEERS REGULATIONS 1990

(Regulation 19)
Certificate No

BOARD OF ENGINEERS MALAYSIA

Certificate of Registration
THIS IS TO CERTIFY THAT
Name Address Branch of Engineering having complied with the requirements of the Registration of Engineers Act 1967 and having paid the registration fee is registered as a PROFESSIONAL ENGINEER in the branch/branches of engineering specified above. This Certificate of Registration shall expire on 31st December Registration Serial No.

Common Seal Date Issued

238

President Registrar

FORM D2 REGISTRATION OF ENGINEERS ACT 1967 REGISTRATION OF ENGINEERS REGULATIONS 1990

(Regulation 19)
Certificate No

BOARD OF ENGINEERS MALAYSIA

Certificate of Temporary Registration of a Foreign Engineer as a Professional Engineer

THIS IS TO CERTIFY THAT
Name Address Branch of Engineering having complied with the requirements of the Registration of Engineers Act 1967 and having paid the registration fees is temporarily registered as a PROFESSIONAL ENGINEER in the branch of engineering specified above subject to the conditions stipulated below: Conditions

This Certificate of Registration shall expire on 31st December

Common Seal

President

Date Issued

Registrar

239

FORM E REGISTRATION OF ENGINEERS ACT 1967 REGISTRATION OF ENGINEERS REGULATIONS 1990

(Regulation 34)
Application form for permit for body corporate to practise as consulting engineers under section 7A of the Registration of Engineers Act 1967. Name of Body Corporate Registered Address Tel. No

1. BOARD OF DIRECTORS:
Name

Address

Discipline & Professional Registration Number

2. LIST OF SHAREHOLDERS:
Name Address Discipline & Professional Registration Number Numbers of Shares Held

3. LIST OF SERVICES PROPOSED TO BE OFFERED BY COMPANY:

4. INFORMATION OF EMPLOYEES:
(i) No. of engineers employed: Graduate Engineers Professional Engineers (ii) No. of sub-professional staff (iii) No. of clerical staff (iv) Others

5. DOCUMENTS TO BE ATTACHED WITH THIS APPLICATION FORM:

(i) Memorandum and Articles of Association; (ii) Form 49 and 24; (iii) Statutory Declaration of all Directors and Shareholders; (iv) Certified copies of Certificates of Professional Registration; (v) Registration fee of RM500.00.

240

Signature of all Directors

(Name)

(Name)

(Name)

(Name)

(Chop/Seal)

(Date)

NOTE: Penalty for false pretences. Section 24(a) of the Registration of Engineers Act 1967: Any person who procures or attempts to procure registration or a certificate of registration under this Act by knowingly making or producing or causing to be made or produced any false or fraudulent declaration, certificate, application or representation whether in writing or otherwise shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding two thousand ringgit..

For Office Use Only

Date Received Decision of Board Approved Reasons Date Applicant Notified Receipt No Serial No Sent on Date Registration Fee Received Entered on Register Date Certificate of Registration issued Refused Deferred Date Circulated to Board Members

241

FORM F REGISTRATION OF ENGINEERS ACT 1967 REGISTRATION OF ENGINEERS REGULATIONS 1990

(Regulation 35)
Permit No Permit for body corporate to practise as consulting engineers under section 7A of the Registration of Engineers Act 1967.

THIS IS TO CERTIFY THAT

of is issued a permit to practise as consulting engineers in the branch/branches of on the conditions and/or restrictions stipulated below. This permit shall expire on 31st December Conditions/restrictions:

Common Seal

President

Date Issued

Registrar

242

FORM G REGISTRATION OF ENGINEERS ACT 1967 REGISTRATION OF ENGINEERS REGULATIONS 1990

(Regulation 37)
Application for a Graduate Engineer to sit for the Professional Assessment Examination under section 10(2) (i)(c) of the Registration of Engineers Act 1967.

(To be completed by Applicant in BLOCK LETTERS:)

Name Address Tel. No Identity Card No Graduate Engineer Registration No Branch of Engineering Academic Qualifications Date of Birth Date of Registration as Graduate Engineer

I have had

years of practical experience in engineering and have complied with

section 10(1)(b) of the

Registration of Engineers Act 1967. I enclose herewith Cheque No Date of previous sitting (Write NIL if not applicable) for RM200.00 being examination fee required.

Date

Signature

243