Reg. of Quantity Surveyors Act 1967 PDF
Reg. of Quantity Surveyors Act 1967 PDF
LAWS OF MALAYSIA
REPRINT
Act 487
QUANTITY SURVEYORS
ACT 1967
Incorporating all amendments up to 1 January 2006
PUBLISHED BY
THE COMMISSIONER OF LAW REVISION, MALAYSIA
UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968
IN COLLABORATION WITH
PERCETAKAN NASIONAL MALAYSIA BHD
2006
Revised
PREVIOUS REPRINT
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2002
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LAWS OF MALAYSIA
Act 487
QUANTITY SURVEYORS ACT 1967
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
Section
1.
2.
Interpretation
PART II
BOARD OF QUANTITY SURVEYORS
3.
4.
Register
6.
7.
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Section
9.
10.
(Deleted)
12.
13.
Certificate of registration
14.
15.
16.
17.
Reinstatement
18.
19.
Appeal
20.
Appeal Board
21.
22.
Procedure of appeal
23.
24.
General penalty
Rules
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Section
27.
28.
29.
Indemnity
30.
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Quantity Surveyors
LAWS OF MALAYSIA
Act 487
QUANTITY SURVEYORS ACT 1967
An Act to provide for the establishment of the Board of Quantity
Surveyors, for the registration of Quantity Surveyors and approval
to practise of firms or bodies corporate practising as consulting
Quantity Surveyors, for the regulation of the practice of quantity
surveying and for matters connected therewith.
[Throughout Malaysia1 December 1973,
P.U. (B) 515/1973]
BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan
Agong with the advice and consent of the Dewan Negara and
Dewan Rakyat in Parliament assembled, and by the authority of
the same, as follows:
PART I
PRELIMINARY
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PART III
REGISTRATION OF QUANTITY SURVEYORS
Register
5. The Register of Quantity Surveyors shall be in four Parts, that
is to say
(a) Part Awhich shall contain the names, registration
numbers, addresses and other particulars of registered
Quantity Surveyors, together with particulars of any
conditions or restrictions imposed by the Board under
paragraph 4(b);
(b) Part Bwhich shall contain the names, registration
numbers, addresses and other particulars of registered
graduate Quantity Surveyors together with conditions or
restrictions imposed by the Board under paragraph 4(b);
(c) Part Cwhich shall contain the names, addresses and
other particulars of firms or bodies corporate practising
to practice as consulting Quantity Surveyors together
with particulars of any conditions or restrictions imposed
by the Board under subsection 7A(3) or 7 B(1); and
(d) Part Dwhich shall contain the names, registration
numbers, addresses and other particulars of temporary
registered Quantity Surveyors together with particulars
of any conditions or restrictions imposed by the Board
under subsection 10A (3).
Appointment and duties of Registrar
6. (1) The Minister shall appoint a Registrar of Quantity
Surveyors (hereinafter referred to as the Registrar) who shall be
under the general direction of the Board and who shall sign all
certificates of registration, permits to practice and their renewals,
and orders of the Board, and record all entries of registration,
suspension, cancellation, removal and reinstatement in the
Register.
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(4) The Registrar may annually publish and offer for sale copies
of the Register.
Restrictions of unregistered persons, registered graduate and
temporary registered Quantity Surveyors
7. (1) No person shall unless he is a registered Quantity Surveyor
(a) practise or carry on business or take up employment as
a Quantity Surveyor under any name, style or title
containing the words Quantity Surveyors, Building
Economist, Project Cost Consultant or the equivalent
thereto in any other language or bearing any other word
whatsoever in any language which may reasonably be
construed to imply that he is a registered Quantity Surveyor;
(b) use or display any sign, board, card or other device
representing or implying that he is a registered
Quantity Surveyor;
(c) be entitled to recover in any court any fee, charge
remuneration or other form of consideration for any
professional advice or services rendered as a registered
Quantity Surveyor;
(d) identify or describe himself as a registered Quantity
Surveyor or use the abbreviation Reg. QS. after, or in
any way in association with, his name.
(2) Notwithstanding subsection (1), a registered graduate or
temporary registered Quantity Surveyor may subject to section 8
with the written approval of the Board take up employment as a
Quantity Surveyor.
Quantity surveying practice by firms or bodies corporate
7A. (1) Notwithstanding subsection 7(1), a firm, or a body corporate
may practise as consulting Quantity Surveyors and recover in any
court any fee, charge remuneration or other form of consideration
for any professional advice or services rendered by it pursuant to
its practice as such, if it has the written approval of the Board, and
has been issued with a valid permit, to so practise.
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(7) The Board shall not make an order under paragraphs (5)
(aa) to (ee) based on the grounds of complaint set out in paragraph
(5)(d) if, on the date of hearing, the firm or body corporate practising
as consulting Quantity Surveyors satisfies the Board
(i) that the partner or director or shareholder, as the case
may be, who has committed, or is guilty of, or has
contributed to, the act or thing in question has ceased to
be a partner of the firm or director or shareholder of the
body corporate; and
(ii) that notwithstanding that such partner or director or
shareholder, as the case may be, has ceased to be a
partner or director or shareholder, the firm or body corporate
is able to comply with the requirements of section 7B or
subsection (3).
(8) Upon the Board suspending or cancelling the permit to
practise of a firm or body corporate practising as consulting Quantity
Surveyors pursuant to paragraph (5)(cc) or (dd), respectively, the
firm or body corporate shall cease to practise as consulting Quantity
Surveyors but it shall be entitled to recover in any court any fee,
charge, remuneration or other form of consideration for any
professional advice or services rendered by it pursuant to its practice
as consulting Quantity Surveyors where such advice was given or
such services were rendered prior to the date of receipt of the
written notice from the Board suspending or cancelling its permit
to practise.
(9) Without prejudice to section 17, the Board may at any time
upon receipt of an application from a firm or body corporate
whose permit to practise as consulting Quantity Surveyors has
been suspended or cancelled pursuant to paragraph (5)(cc) or (dd),
respectively, reinstate the permit to practise to such firm or body
corporate if it is satisfied that
(a) the firm or body corporate has complied with the
requirements of section 7 B or subsection (3);
(b) the firm or body corporate is capable of complying with
the conditions or restristions imposed by the Board pursuant
to section 7 B or subsection (3) at the time of the original
approval; and
(c) where the permit to practise is suspended or cancelled
based on the grounds of complaint set out in paragraph
(5)(d), the partner or director or shareholder, as the case
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(5) Any person who has been refused registration by the Board
upon the ground specified in subsection (4) may, if he has not
appealed against such refusal or if his appeal has been dismissed,
after the expiration of six months from the date of such refusal or
of the dismissal of the appeal make a new application for registration
to the Board.
Temporary registered Quantity Surveyors
10A . (1) A foreign quantity surveyor may apply to the Board to
be registered as a temporary registered Quantity Surveyor in such
manner as may be prescribed by the Board.
(2) A foreign quantity surveyor may be considered for registration
as a temporary registered Quantity Surveyor if he satisfies the
Board that
(a) he possesses the qualification that is recognised by the
Board to be registered as a registered graduate Quantity
Surveyor; 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 any one calendar year, or he
is a resident representative of the foreign component of
a joint-venture.
(3) The Board may approve the registration of a foreign quantity
surveyor as a temporary registered Quantity Surveyor
(a) for such period not exceeding two calendar years; and
(b) subject to such conditions or restrictions as it may deem
fit to impose.
(4) The Registrar shall, upon receipt of the prescribed fee, issue
to every foreign quantity surveyor whose application for registration
has been approved by the Board a certificate of registration in the
prescribed form.
(5) The certificate of registration may, upon application, be
renewable on payment of the prescribed fee and on satisfying such
conditions as may be prescribed by the Board.
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Appeal
19. (1) Any person, firm or body corporate
(a) who has been refused registration or approval to practise
by the Board;
(b) who has been registered or approved to practise but is
dissatisfied with any conditions or restrictions imposed
by the Board under paragraph 4(b), subsection 7A(3),
7B (1) or 10A (3); or
(c) who having been registered or approved to practise has
had his or its name removed from the Register pursuant
to an order made by the Board under subsection 7A(5) or
15(1 A),
may within twenty-one days of being notified of the refusal,
conditions, restrictions 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 Board
20. For the purpose of this Part there shall be established an
Appeal Board consisting of a person qualified for appointment as
a Judge of the High Court as a 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.
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Investigating Committee
24 C. (1) For the purposes of subsections 7A (6), 15(2) and 15(3),
the Board shall appoint an Investigating Committee consisting
of
(a) a Chairman who shall be a registered Quantity Surveyor;
(b) two registered Quantity Surveyors who are not members
of the Board; and
(c) one other person where deemed necessary,
to conduct an investigation.
(2) Where the Chairman of the Investigating Committee is a
member of the Board, he shall not sit as a member of the Board
when the Board conducts a hearing or makes an order under subsection
7A (5) or 15(1A) in respect of the registered, registered graduate or
temporary registered Quantity Surveyor who has, or firm or body
corporate practising as consulting Quantity Surveyors which has,
been examined by the Investigating Committee of which he is the
Chairman.
(3) Upon completion of its investigation, the Investigating
Committee shall submit a report together with its recommendations
to the Board for its consideration.
Procedure for hearing and investigation
24D. (1) The Board or Investigating Committee may, for the purpose
of a hearing or investigation
(a) require any person, including a sole proprietor, partner,
director, manager or secretary, to attend before it and
give evidence on oath or affirmation, and the President
of the Board or Chairman of the Investigating Committee
presiding at the hearing or investigation may administer
to oath; and
(b) require such person to produce any book, document or
paper relating to the subject matter of the hearing or
investigation which is in the custody of that person or
under his control.
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SCHEDULE
[Subsection 3(5)]
1. (1) The following persons shall be disqualified from being appointed to or
being members of the Board
(a) a person who is of unsound mind and/or is otherwise incapable of
performing his duties;
(b) a 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) The quorum of the Board shall be ten.
(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 the meeting shall have a casting vote.
(5) Subject to subparagraphs (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 Quantity Surveyors 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.
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4. All moneys 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 rules made under this Act and
thereafter to providing scholarships and the promotion of learning and education
in connection with quantity surveying. Moneys not immediately required by the
Board shall be invested in such Trustee Securities as the Board may from time
to time determine.
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LAWS OF MALAYSIA
Act 487
QUANTITY SURVEYORS ACT 1967
LIST OF AMENDMENTS
Amending law
Short title
In force from
Act A131
Registration of Surveyors
(Amendment) Act 1972
07-07-1972
Act A172
Registration of Surveyors
(Amendment) Act 1973
30-03-1973
Act A248
Registration of Surveyors
(Amendment) Act 1974
15-03-1974
Act 242
06-02-1981
Act A598
07-09-1984
Act A742
25-08-1989
18-03-1992
Act A1157
01-12-2002
Quantity Surveyors
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LAWS OF MALAYSIA
Act 487
QUANTITY SURVEYORS ACT 1967
LIST OF SECTIONS AMENDED
Section
Long title
Amending authority
In force from
Act A742
25-08-1989
Act A1157
01-12-2002
Act A742
25-08-1989
Act A131
07-07-1972
Act 242
06-02-1981
Act A742
25-08-1989
Act A1157
01-12-2002
Act A131
07-07-1972
Act A172
30-03-1973
Act 242
06-02-1981
Act A598
07-09-1984
Act A742
25-08-1989
Act A1157
01-12-2002
Act A131
07-07-1972
Act 242
06-02-1981
Act A1157
01-12-2002
4A
Act A742
25-08-1989
Act A131
07-07-1972
Act 242
06-02-1981
Act A742
25-08-1989
Act A1157
01-12-2002
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Section
Amending authority
A CT 487
In force from
Act 242
06-02-1981
Act A742
25-08-1989
Act A1157
01-12-2002
Act A131
07-07-1972
Act 242
06-02-1981
Act A742
25-08-1989
Act A1157
01-12-2002
Act A248
15-03-1974
Act 242
06-02-1981
Act A742
25-08-1989
Act A1157
01-12-2002
7B
Act A1157
01-12-2002
Act A131
07-07-1972
Act 242
06-02-1981
Act A742
25-08-1989
Act A1157
01-12-2002
Act A131
07-07-1972
Act A1157
01-12-2002
Act A131
07-07-1972
Act 242
06-02-1981
Act A742
25-08-1989
Act A1157
01-12-2002
10A
Act A1157
01-12-2002
11
Act A131
07-07-1972
13
Act A1157
01-12-2002
14
Act A131
07-07-1972
7A
10
Quantity Surveyors
Section
43
Amending authority
In force from
Act A1157
01-12-2002
Heading of
Part IV
Act A1157
01-12-2002
15
Act A131
07-07-1972
Act A248
15-03-1974
Act A742
25-08-1989
Act A1157
01-12-2002
Act A131
07-07-1972
Act A742
25-08-1989
Act A1157
01-12-2002
Act A131
07-07-1972
Act A742
25-08-1989
Act A1157
01-12-2002
18
Act A1157
01-12-2002
19
Act A1157
01-12-2002
20
Act 242
06-02-1981
22
Act A1157
01-12-2002
24
Act A131
07-07-1972
Act A1157
01-12-2002
24A
Act A1157
01-12-2002
24B
Act A1157
01-12-2002
24c
Act A1157
01-12-2002
24D
Act A1157
01-12-2002
25
Act A172
30-03-1973
Act A248
15-03-1974
Act A742
25-08-1989
16
17
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Section
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Amending authority
In force from
Act A1157
01-12-2002
25A-25C
Act A1157
01-12-2002
26
Act A742
25-08-1989
26A
Act A248
15-03-1974
Act A1157
01-12-2002
26B
Act A1157
01-12-2002
27
Act 242
06-02-1981
Act A598
07-09-1984
Act A1157
01-12-2002
29-30
Act A1157
01-12-2002
Schedule
Act 242
Act A742
06-02-1981
06-08-1989
DICETAK OLEH
PERCETAKAN NASIONAL MALAYSIA BERHAD,
KUALA LUMPUR
BAGI PIHAK DAN DENGAN PERINTAH KERAJAAN MALAYSIA