Regulation 2015 (Gazetted) To Include Amendment 34A
Regulation 2015 (Gazetted) To Include Amendment 34A
REGISTRATION OF ENGINEERS
REGULATIONS 1990
(Incorporating amendments up to 2015)
This is NOT A COPY of the Gazette printed by the Government Printer for the purposes of section 61 of the Interpretation Acts 1948 and 1967
[Act 388] and does not constitute prima facie evidence of the contents of the Gazette by virtue of the section.
Authoritative printed copies of the Federal Government Gazette can be obtained from Percetakan Nasional Malaysia Berhad.
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P.U. (A) 128.
Revised up to … … … 2015
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P.U. (A) 128.
______________
ARRANGEMENT OF REGULATIONS
_____________
PART I
PRELIMINARY
Regulation
1. Citation and commencement.
2. Interpretation.
PART II
ADMINISTRATION
PART III
REGISTRATION OF REGISTERED PERSON
PART IIIA
INVESTIGATING COMMITTEE
22A. Complaints against registered Person or Engineering consultancy practice made in writing.
22B. Investigation by the Investigating Committee.
22C. Hearing by the Disciplinary Committee or Board.
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P.U. (A) 128.
PART IV
CODE OF CONDUCT
Regulation
23. Conduct of registered Person.
24. Responsibility to employer, client or profession.
25. Discharge of duties with fidelity.
26. Reputation etc. of a registered Person not to be injured.
27. Canvassing and advertising prohibited.
27A. Canvassing and advertising by an Engineering consultancy practice.
28. Repealed by Government Gazette P.U. (A) 173./2015
29. Restrictions on making payments or placing contracts.
30. Repealed by Government Gazette P.U. (A) 424./2003
31. A registered Engineer or an Engineering consultancy 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 ENGINEERING CONSULTANCY PRACTICE
PART VI
PROFESSIONAL ASSESMENT EXAMINATION
PART VIA
PROFESSIONAL COMPETENCY EXAMINATION
PART VII
REVOCATION
39. Revocation.
SCHEDULE II
SCHEDULE III
LIST OF AMENDMENTS
IN exercise of the powers conferred by section 26 of the Registration of Engineers Act 1967 [Act 138], the Board, with the
approval of the Minister, makes the following regulations:
PART I
PRELIMINARY
1. (1) These regulations may be cited as the Registration of Engineers (Amendment) Citation and
commencement.
Regulations 2015. [P.U. (A) 173./2015]
Interpretation.
2. In these Regulations, unless the context otherwise requires - [P.U. (A) 424./2003]
"Board" means the Board of Engineers established by section 3(1) of the Act;
"President" means the President of the Board appointed under section 3(2) of the Act;
"Registrar" means the Registrar of Engineers appointed under section 6(1) of the Act;
PART II
ADMINISTRATION
3. (1) The Secretary shall convene a meeting of the Board whenever requested to do so Meetings of the Board.
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.
Notice of meetings.
4. (1) Not less than fourteen day's notice in writing shall be given specifying the place,
date and time of a meeting and the business to be conducted in such meeting.
[P.U. (A) 173./2015]
(1A) Notwithstanding subregulation (1), in any exceptional circumstances, the President
may request the Secretary to give not less than three days notice in writing to
convene a 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.
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P.U. (A) 128.
Votes.
5. A resolution shall be proposed and seconded before being put to the vote. Voting shall be by
show of hands or by secret ballot 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.
Minutes.
7. 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.
Committees.
8. (1) The Board may from time to time appoint committees from amongst its members [P.U. (A) 173./2015]
or persons whom the Board considers suitable; and the Board may 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.
[P.U. (A) 173./2015]
(1A) The appointment of the Secretary of the Board under subregulation (1) may be
made for a term of two years and may be renewed.
(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 [P.U. (A) 173./2015]
bank approved by the Board, provided that the Secretary may keep as petty cash a sum not
exceeding five thousand ringgit.
Cheque.
11. 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.
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P.U. (A) 128.
Accounts.
12. (1) The Board shall cause to be kept and maintained proper accounts and records
relating to -
(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.
Audit.
14. The accounts of the Board shall at least once every year be audited.
Financial year.
15. The financial year of the Board shall end on 31st December.
PART III
[P.U. (A) 173./2015]
REGISTRATION OF REGISTERED PERSON
16. (1) Every person desirous of being registered as a registered Person under the Act Forms of application.
[P.U. (A) 173./2015]
shall make an application to the Board in the form as specified on the Board’s
website.
[P.U. (A) 424./2003]
(2) [Deleted]
[P.U. (A) 424./2003]
(3) [Deleted]
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P.U. (A) 128.
Forms of certificates of
19. (1) A registered Person shall be issued with a certificate of registration in any form as
registration.
may be determined by the Board duly signed by the President and the Registrar [P.U. (A) 173./2015]
and sealed with the common seal of the Board.
[P.U. (A) 173./2015]
(2) A certificate of registration issued to a registered Person shall be in the form as
specified on the Board’s website.
[P.U. (A) 424./2003]
(3) [Deleted]
[P.U. (A) 424./2003]
(4) [Deleted]
Renewal fee.
20. (1) A registered Person desirous of renewing his registration under section 13(2) of the [P.U. (A) 173./2015]
Act shall -
[P.U. (A) 424./2003]
(a) submit to the Board -
[P.U. (A) 173./2015]
(i) an application for renewal of registration in the form as specified on
the Board’s website on or before the date as specified in Schedule II;
and
[P.U. (A) 424./2003]
(ii) a renewal-fee as specified in Schedule II in the form of money order,
bank draft, cheque or any other form as determined by the Board,
made payable to the Board; and
[P.U. (A) 424./2003]
(b) satisfy such conditions as determined by the Board.
[P.U. (A) 173./2015]
(2) Where the application for renewal of registration under sub-regulation (1) is
approved by the Board, the Registrar shall issue to the registered Person mentioned
in that sub-regulation a certificate of registration in the form as specified on the
Board’s website.
[P.U. (A) 173./2015]
(3) The Board may refuse to renew the registration of a registered Person if he has
failed to satisfy any conditions as determined by the Board under subparagraph
(1)(b).
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P.U. (A) 128.
Practical experience.
22. (1) The practical experience that a Graduate Engineer is required to obtain under [P.U. (A) 173./2015]
section 10(1)(b) of the Act so as to be entitled to apply for registration as a
Professional Engineer shall be carried out to the satisfaction of the Board, for a
period of at least three years, and shall include the following:
[P.U. (A) 424./2003]
(a) the Graduate Engineer must undergo -
[P.U. (A) 424./2003]
(i) at least two years of general training that will provide a sound basis
for professional development; and
[P.U. (A) 424./2003]
(ii) at least one year of professional career development and training
providing wide exposure to the various managerial and technical
expertise in engineering practice,
[P.U. (A) 424./2003]
where at least one year of the training must be obtained in Malaysia under the
supervision of a Professional Engineer in the same branch of engineering as that
practised by the Graduate Engineer, although Professional Engineers in other
related branches of engineering may be accepted with the prior approval of the
Board; and
[P.U. (A) 424./2003]
(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, or
enhance the requirement as to the practical experience required to be obtained in
Malaysia or the requirement as to the supervision by a Professional Engineer in
Malaysia.
[P.U. (A) 424./2003]
(3) A 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 and description of the
practical experience and a statement by the supervisory Professional Engineer
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 Graduate Engineer has satisfactorily completed his practical
experience.
Part IIIA
[P.U. (A) 424./2003]
INVESTIGATING COMMITTEE
22A (1) Any person who seeks to make a complaint against a registered Person or an Complaints against
registered Person or
Engineering consultancy practice which renders the exercise of the powers of the
Engineering
Board expedient, shall make the complaint in writing to the Registrar, who shall consultancy practice
then refer that complaint to the Board. made in writing.
[P.U. (A) 173./2015]
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P.U. (A) 128.
Investigation by the
22B (1) Prior to the commencement of investigations by the Investigating Committee, the
Investigating
Registrar shall forward a notice by registered post to the registered Person or Committee.
Engineering consultancy practice at his or its last known address, which shall - [P.U. (A) 173./2015]
Hearing by the
22C (1) Upon receipt of a report from the Investigating Committee and its
Disciplinary
recommendations, if any, the Disciplinary Committee or the Board, as the case Committee or Board.
may be, shall – [P.U. (A) 173./2015]
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P.U. (A) 128.
PART IV
[P.U. (A) 173./2015]
CODE OF CONDUCT
23. Every registered Person shall conduct himself honourably, responsibly, ethically and Conduct of registered
Person.
lawfully. [P.U. (A) 173./2015]
Responsibility to
24. A registered Person shall –
employer, client or
profession.
[P.U. (A) 173./2015]
Discharge of duties
25. A registered Person shall discharged his duties to his employer or client, as the case may be,
with fidelity.
with complete fidelity. [P.U. (A) 173./2015]
Reputation etc. of a
26. A registered Person shall not maliciously injure or attempt to maliciously injure whether
registered Person not
directly or indirectly, the professional reputation, prospects or business of another registered to be injured.
Person. [P.U. (A) 173./2015]
Canvassing and
27. A registered Engineer shall not —
advertising prohibited.
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P.U. (A) 128.
Canvassing and
27A. An Engineering consultancy practice shall not —
advertising by an
Engineering
consultancy practice.
[P.U. (A) 173./2015]
Restrictions on making
29. A registered Person or an Engineering consultancy practice shall not be a medium of
payments or placing
payment made on his client's behalf unless he is so requested by his client nor shall he, in contracts.
connection with work on which he is employed, place contracts or orders except with the [P.U. (A) 173./2015]
A registered Engineer or
31. A registered Engineer or an Engineering consultancy practice shall not directly or indirectly
an Engineering
– consultancy practice in
not to intervene or to
take over the work of
another.
[P.U. (A) 173./2015]
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P.U. (A) 128.
Restrictions on being a
32. (1) Except with the prior approval of the Board, a registered Engineer in an
director, member or
Engineering consultancy practice shall not be a director or executive of or shareholder of
substantial shareholder in or agent for any contracting or manufacturing company contracting and
or firm or business related to building or engineering. manufacturing
company, etc.
[P.U. (A) 173./2015]
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.
PART V
[P.U. (A) 424./2003]
REGISTRATION OF ENGINEERING CONSULTANCY PRACTICE
34. (1) A sole proprietorship, partnership or body corporate desirous of being registered as Form of application.
[P.U. (A) 173./2015]
an Engineering consultancy practice under section 7A or 7B of the Act shall submit
an application to the Board in the form as specified on the Board’s website.
[P.U. (A) 173./2015]
(2) Every application for registration as an Engineering consultancy practice shall be
accompanied with —
[P.U. (A) 424./2003]
(a) a processing fee as specified in Schedule II, which is not refundable; and
[P.U. (A) 424./2003]
(b) a registration fee as specified in Schedule II, which shall be refunded to the
applicant who is unsuccessful in its application,
[P.U. (A) 424./2003]
and the fees must be in the form of money order, bank draft, cheque or any other
form as determined by the Board, made payable to the Board.
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P.U. (A) 128.
Composition of Board
34B. (1) A body corporate registered as an Engineering consultancy practice under section
of Directors.
7A of the Act shall have – [P.U. (A) 173./2015]
Certificate of
35. When the application made under regulation 34 is approved by the Board, the Board shall
registration for
issue a certificate of registration to the applicant in the form as specified on the Board’s Engineering
website. consultancy practice.
[P.U. (A) 173./2015]
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P.U. (A) 128.
Renewal of certificate
36. (1) An Engineering consultancy practice desirous of renewing its registration under
of registration and
section 13(2) of the Act shall — reinstatement fee.
[P.U. (A) 173./2015]
PART VI
37. Every Graduate Engineer having the practical experience as mentioned in regulation 22 and Form of application to
sit for Professional
desirous of sitting for the Professional Assessment Examination for the purpose of applying
Assessment
to be registered as a Professional Engineer shall submit to the Board his application in the Examination.
form as specified on the Board’s website and accompanied by a fee for the Professional [P.U. (A) 173./2015]
Professional
38. The Professional Assessment Examination that a Graduate Engineer has to pass under
Assessment
section 10(2)(i)(b) of the Act in order to be entitled to be registered as a Professional Examination.
Engineer shall consist of - [P.U. (A) 424./2003]
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P.U. (A) 128.
PART VIA
[P.U. (A) 173./2015]
PROFESSIONAL COMPETENCY EXAMINATION
38A. (1) The Professional Engineer who intend to be registered as Professional Engineer Professional
Competency
with Practicing Certificate under section 10D of the Act, shall pass the Professional
Examination.
Competency Examination. [P.U. (A) 173./2015]
PART VII
REVOCATION
39. The Registration of Engineers Regulations 1972 [P.U.(A) 290/72] are revoked with effect Revocation.
[P.U. (A) 128./1990]
from the commencement of these Regulations.
Graduate Engineer RM50.00 Not applicable Not applicable Not applicable Not applicable
Engineering RM50.00 Not applicable Not applicable Not applicable Not applicable
Technologist
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P.U. (A) 128.
Body
Corporate 31 January of the
year following the
year of expiration of
Partnership RM50.00 ** RM500.00 RM500.00 registration RM5,550.00
** Half Registration Fee for applications approved between 1 July till 31 December.
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P.U. (A) 128.
LIST OF AMENDMENTS
_____________________________________________________________________________________________
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P.U. (A) 128.
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P.U. (A) 128.
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P.U. (A) 128.
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