This Bill seeks to amend the Quantity Surveyors Act 1967 ("Act 487").
- The new section 7B proposed in clause 10 will enable multidisciplinary practices to be established. These are practices in which quantity surveying services as well as engineering and/or architectural services are provided.
- Paragraphs 5(e) and (g) propose additional functions for the Board of Quantity Surveyors. The additional functions include the power to act as a stakeholder in a contract for quantity surveying services, the power to provide professional development facilities and the power to authorise a person to investigate the commission of any offence under the Act or any rules made under it.
- Clauses 9, 18, 19 and 20 propose amendments to improve the provisions of Act 487 relating to disciplinary control which the Board of Quantity Surveyors exercises over persons, sole proprietorships, partnerships and bodies corporate registered or approved to practise under the Act. Clause 25 proposes a new section 24C which provides that the Board of Quantity Surveyors may appoint Investigating Committees to assist it in exercising such control. The committees will conduct investigations and submit reports of the investigations to the Board for its further action.
- Clause 27 introduces three new sections, namely sections 25A, 25B and 25C. It is proposed through the new section 25A that the Board of Quantity Surveyors may cancel the registration of a registered, registered graduate or temporary registered Quantity Surveyor, or permit to practise of a firm or body corporate practising as consulting Quantity Surveyors, if he or it fails to comply with an order of the Board or Appeal Board. The new sections 25B and 25C propose provisions regarding the powers of investigation, search and seizure of an authorised officer
- The amendments proposed in paragraph 24(h) of the Bill provide for a new offence regarding persons, sole proprietorships, partnerships and bodies corporate who contravene section 7(1), 8(1), 24A, 24B, 24D(2) or 25B(5). The amendments proposed in paragraph 24(i) of the Bill will result in an increase in the maximum fine from RM2,000 to RM50,000 for persons, sole proprietorships, partnerships and bodies corporate convicted under section 24 of the Act and in the case of a continuing offence, such persons, sole proprietorships, partnerships and bodies corporate will be liable to a further fine of RM500 for each day during which the offence continues after conviction. A person convicted under that section will, under the proposed amendment, be also liable to imprisonment for a term not exceeding 3 years or to both a fine and imprisonment.
- Other amendments proposed in this Bill to Act 487 are :
- a) the introduction of a new section 24B regarding the employment of a firm or body corporate as a consulting Quantity Surveyor (clause 25);
- b) the introduction of a new section 26B regarding the delivery of notices or other documents to registered, registered graduate or temporary registered Quantity Surveyors and firms or bodies corporate practising , as consulting Quantity Surveyors, and matters related to it (clause 29);
- c) the introduction of a new section 29 to protect the Board, Appeal Board, Investigating Committee, any body appointed by the Board as well as persons acting for them and persons appointed or authorised by the Board in respect of acts or omissions done in good faith in the performance of their functions under the Act (clause 31); and
- d) the introduction of a new section 30 to enable the Board to appoint an advocate and solicitor to represent it and to appoint other persons to assist the Board in carrying out its functions, powers and duties (clause 31).
- Other amendments not specifically dealt with in this Statement are
- a) amendments for the purpose of improving the organisation and presentation of the provisions of Act 487; or
- b) amendments which are consequential or minor in nature.
QS Act Revised 2002 (Winzip 8.0 and Acrobat Reader is required)
QS Rules Amendment 2004 (Winzip 8.0 and Acrobat Reader is required)