Presentation on theme: "Architects Act 1967 (Act 117) -"— Presentation transcript
Slide1
Architects Act 1967 (Act 117) -
10th Amendment .
- Ar. Ezumi Harzani Ismail11 March 2017Slide2
00
1
ABSTRACT
ARCHITECTS ACT 1967
Architects Act 1967 (Act 117) was first enacted in 1967 to provide for the registration of Architects and practices providing architectural consultancy services, building draughtsmen, and matters related to it. The ground for establishment of Architects Act is to
safeguard the public safety, health and welfare
in relation to the design provided by Architects. In corresponding, the Act was structured to control the registrations for architectural practice to uphold the advancement of professionalism in Architectural profession to ensure public are getting the services they ought to get from a professional Architect.
The Act had since, been amended ten times, whereby the amendment in November 2014 has drawn many attentions and perceived as a
‘commercially driven amendment’
, as the result of challenges that comes with the economic
globalisation and services liberalisation
. Besides, the amendment also
redefine existing regulations
and includes the registration for Inspector of Works and the Architectural Technologist.Slide3
01
1
INTRODUCTION
ARCHITECTS ACT 1967
LAWS OF MALAYSIA
ACT 117 - ARCHITECTS ACT 1967
An Act to provide for the registration of architects,
architectural technologists, building draughtsmen, inspector of works, foreign architects, graduate architects, graduate interior designers, interior designers,
sole proprietorships, partnerships and bodies corporate providing architectural consultancy services and interior design consultancy services
building draughtsmen
.
Short title, commencement and application
(1) This Act may be cited as the
Architects Act 1967
(2) This Act shall come into force on such date as the Minister may by notification in the Gazette appoint.
(3) The Minister may by notification in the Gazette suspend the operation of this Act in any part of Malaysia.Slide4
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1
INTRODUCTION
ARCHITECTS ACT 1967
ARCHITECTS ACT 1967 (ACT 117)
Series
of
Amendments
Year of Amendment
Remarks
1st
1972
2nd
1973
Strengthening the Act
3rd
1974
4th
1979
Modernisation,
Act 133, 176
5th
1988
6th
1992
Practice
adaptation, UBBL, SOMF
7th
1994
8th
2002
(MDP)
9th
2007(CCC)10th2014(ID, AT, IOW, Liberalisation & Globalisation)Slide5
03
1
INTRODUCTION
ARCHITECTS ACT 1967
A
‘commercially driven’
amendment, services
liberalisation
, economic
globalisation pressure
?Slide6
04
1
INTRODUCTION
ARCHITECTS ACT 1967
22 Apr 2009 - the Government liberalised 27 services subsectors, with no equity condition imposed.Slide7
05
1
INTRODUCTION
ARCHITECTS ACT 1967
Telecommunications
Telecommunication services (network service providers and network facilities providers licences)
Telecommunication Services (Application Service Providers licence)
Healthcare
Private hospital services
Medical specialist services
Dental specialist services
Environmental Services
Incineration services
Professional Services
Accounting and taxation
Architectural services
Engineering services
Legal services
Quantity surveying services
Distributive Trade Services
Departmental stores and specialty stores
Education Services
Private higher education with university status
International schools
Technical and vocational secondary education services
Technical and vocational secondary education services for students with special needs
Skills training centre
Courier Services
Complementing the growth and development in the manufacturing sector, the Government is intensifying its efforts to promote and develop the services sector. The Government will be progressively undertaking liberalisation of the other services sub-sector on an on-going basis.
In 2011, the Government further liberalised 18 sub-sectors to allow up to
100% foreign equity participation in phases. Slide8
06
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INTRODUCTION
ARCHITECTS ACT 1967
Why?
To attract more foreign investments,
To bring in more professionals and technology,
To strengthen competitiveness of the sector.
Why Architect?
Because Architects are rich and lazy..
To make them work harder,
Be competitive and more productive.Slide9
The Amendment Slide10
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THE AMENDMENT
ARCHITECTS ACT 1967
OBJECTIVES:
To fulfill the national
obligation to liberalisation;
To ensure the service liberalisation sector is able
to drive national economy;
To protect
public interest and safety;
To ensure the architectural practice supports a
fair and balanced
development, benevolent as well as considerate of local culture well-being.Slide11
02
2
ARCHITECTS ACT 1967
Highlight of the changes concerning Architects:
Section 3
: Composition of Board Members - increase from 17 to 21. (inclusion of 1 no. IOW, 1 no. AT and 2 Architects from private practice).
Section 7A
: Composition of Body Corporate – Opening for foreign equity.
Section 10(3)
: Deletion of the Malaysian Citizenship requirement.
Section 15:
- Investigation Officer - from 1 person to 1 or 3 persons
- Disciplinary Committee - from 3 persons to 3 or 5 persons
Section 15A
: Increase in Penalties 25(2), and 27G
THE AMENDMENTSlide12
03
2
ARCHITECTS ACT 1967
Section 3
:
Establishment of Board of Architects Malaysia.
(2) The Board shall consist of the following members appointed by the Minister:
a President who shall be appointed from among
Professional
Architects;
five
Professional
Architects who are in the public service of the Federation, States, local authority or statutory authority;
(deleted)
eight Professional
ten
Architects who have been in private practice for at least five years in Malaysia, three of whom shall be from the nomination list submitted by the Council of the
Pertubuhan
Akitek
Malaysia,
one member on the nomination of the Board of Engineers from among members of that Board established under the Registration of Engineers Act 1967;
one member on the nomination of the Board of Quantity Surveyors from among members of that Board established under the Quantity Surveyors Act 1967;
one member appointed from among Building Draughtsmen;
and
one member appointed from among Interior Designers who has been in private practice for at least five years in Malaysia
;
one member appointed from among Inspector of Works with at least five years of relevant working experience; and
one member appointed from among Architectural Technologists with at least five years of relevant working experience.
THE AMENDMENTSlide13
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2
ARCHITECTS ACT 1967
Section 7A & 7B
No.
Types Of Practice
1. Sole Proprietor Maintained
2. Partnership Maintained
3
Body Corporate
Amended
4. Multidisciplinary Maintained
Subsection 7A(3):
(c) in the case of the body corporate—
it has a board of directors
as may be prescribed by the Board
;
it has shareholdings as may be prescribed by the Board
;
it has a minimum paid-up capital which shall be an amount as may be prescribed by the Board; and
the day-to-day affairs of the body corporate shall be under the control and management of a person who—
(a) is an
Architect
;
and
(b) is authorised under a resolution of the board of directors of the body corporate
to make all final architectural decisions
on behalf of the body corporate in respect of the requirements under this Act or any other law relating to the supply of architectural consultancy services by the body corporate”
THE AMENDMENTSlide14
Sole Proprietor
PartnershipBody Corporate
Multi-Disciplinary Practice
Architecture Consultancy Practice
Section 7A
Section 7B
2 of 3 Practices
1 Practice
+
10% Architect of
70% Professional &
30% Others
70% Architect &
30% OthersSlide15Slide16
TAKLIMAT PINDAAN AKTA-AKTA PROFESIONAL KEPADA
BNBBC8 Oktober 20148.00 malamSlide17
LJM, LAM & LJBM
telah
meminda
seksyen-seksyen
terlibat
dalam
akta
untuk
mendaftar
sesiapa
sahaja
yang
mempunyai
kelulusan
yang
diiktiraf
tanpa
mengambilkira
kewarganegaraan
.
LJM
Jurutera Graduan
Jurutera
Profesional
Jurutera
Profesional
dengan
Sijil
Amalan
LJBM
Juruukur Bahan Sementara
Juruukur Bahan Profesional
Perunding Ukur Bahan
Peringkat Graduan
Tidak mengambilkira
Kewarganegaraan.
(Tempatan atau asing)
Peringkat Profesional
Tidak mengambilkira
kewarganegaraan.
1
st
. tier of registration
(Local or foreign)
Peringkat Perunding
Tidak mengambilkira
Kewarganegaraan.
(Local or foreign)
LAM
Arkitek
Graduan
Arkitek
Perunding
Arkitek
Part 3 Professional Examination
PINDAAN KEPADA AKTA-AKTA PROFESIONAL
(
Pendaftaran
Profesional
)Slide18
PINDAAN KEPADA AKTA-AKTA PROFESIONAL
Pendaftaran Syarikat Pemilikan TunggalPenyedia Khidmat Perseorangan
Perkongsian
Badan Korporat
Dibenarkan
oleh
BEM
dengan
syarat
Dibenarkan
oleh
LAM
dengan
pendaftaran
praktis
Arkitek
perunding
Syarikat
Perundingan
Kejuruteraan
(
Seksyen
7A)
Jurutera
Profesional
dengan
Sijil Amalan (Professional Engineer with Practising Certificate)
Rakan kongsi hendaklah terdiri daripada Jurutera dengan Sijil Amalan
70 %
dimiliki
oleh
Jurutera
Profesional
dengan
Sijil
Amalan
sementara
30 %
lagi
adalah
terbuka
kepada
semua
.
70 %
dimiliki
oleh
Arkitek
tempatan
dan
30 %
lagi
adalah
terbuka
kpd
Arkitek
asing
.70 %
dimiliki
oleh
Perunding
Ukur
bahan
sementara
30 %
lagi
adalah
terbuka
kepada
semua
2/3 Pengarah Lembaga hendaklah memiliki PE dan PCE. Baki 1/3 terbuka kepada semua.
Pengurusan Syarikat
Pendafaran dengan Lembaga sebagai
Business Entity
Syarikat
Perundingan
Arkitek
(
Seksyen
7A)
Seorang
Arkitek
Semua
rakan
kongsi
hendaklah
Arkitek
Syarikat
Perundingan
Ukur
Bahan
(
Seksyen
7A)
Semestinya seorang Perunding Ukur Bahan
Rakan Kongsi hendaklah Juruukur Bahan Perunding
Tidak dibenarkan oleh BQSM tanpa pendaftaran sebagai
QS Conslt. Practice
2/3
Pengarah
Lembaga
adalah
Arkitek
tempatan
.
Baki
1/3
terbuka
kepada
Arkitek
asing
.
2/3 Pengarah hendaklah konsultan Juruukur Bahan. Baki 1/3 terbuka kepada sesiapa sahaja.Slide19
Melindungi
dasar tempatan
dan
dasar
luar
negara
.
Menggalakkan
pertumbuhan ekonomi
negara
.
Membolehkan
profesional
tempatan
bersaing
dengan
profesional
luar
negara
.
Memerlukan
pembinaan
kapasiti profesional tempatan secara berterusan.Menjaga kepentingan dan keselamatan awam.MANFAAT LIBERALISASISecara Ringkas, Liberalisasi:- meningkatkan kualiti, integriti. menggalakkan inovasi dan kemampanan.
meningkatkan kapasiti profesional supaya setanding dengan piawaian dunia.
PINDAAN AKTA-AKTA PROFESIONALSlide20
KAWALAN PERUNDANGAN
LJM, LAM & LJBM
Ijazah menepati syarat Lembaga.
Lulus peperiksaan Tahap 1.
Lulus peperiksaan Tahap 2 iaitu
Competency Exams
Lesen dikeluarkan dan diperbaharui setiap tahun.
KAWALAN PERTAMA
Lembaga mendaftarkan graduan sekiranya kelulusan menepati standard yang ditetapkan
KAWALAN KEDUA
Lembaga mendaftar Profesional sekiranya mereka mempunyai kemampuan teknikal atau memperolehi kepakaran melalui program yang diakredit dari luar negara.
KAWALAN KETIGA
Sebelum lesen dikeluarkan, profesional hendaklah memaparkan pemahaman terhadap perundangan tempatan, piawaian tempatan.
KAWALAN KEEMPAT
Lesen diperbaharui setiap tahun dengan mengkuti program pembangunan berterusan yang diakredit oleh Lembaga.
BAGI MEMASTIKAN KUANTITI PERKHIDMATAN DAN MELINDUNGI KEPENTINGAN AWAM
LAM
mengadakan
Peperiksaan
:-
-
Bahagian I and II
bagi
graduan
yang
memiliki
ijazah
yang
tidak
diiktiraf
.
-
Bahagian III
Peperiksaan
Profesional
bagi
semua
Graduan
Arkitek
setelah
mempunyai
pengalaman
praktikal
2
tahun
untuk
menduduki
peperiksaan
.Slide21
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2
ARCHITECTS ACT 1967
Multidisciplinary Practice: Section 7B
(
Present sections of the Act are maintained
)
Section 7(B)
A body corporate providing architectural consultancy services, professional engineering services and/or quantity surveying services,:
minimum combined shares of 70% to be held by architect, engineer and/or quantity surveyor,
each architect, engineer and/ or quantity surveyor shall have a minimum share of 10%,
the remaining shares can be held by
any other persons to a maximum 30%.
Note: This section is maintained to allow the professionals to provide a comprehensive services in construction industry and to allow others to participate as shareholders, building capacity of the firm targeting exporting of services.
THE AMENDMENTSlide22
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2
THE AMENDMENT
ARCHITECTS ACT 1967
Omission of citizenship requirement
Omission of Malaysian citizenship requirement for registration of Architect and Graduate Architect to fulfill liberalisation needs.
Section 10(3)
Subject to this Act,
only a citizen or a permanent resident of Malaysia
any person
may qualify for registration as a
registered
Graduate
Architect or
Professional
Architect and no person shall be entitled to be registered as a
Professional
Architect 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.Slide23
07
2
THE AMENDMENT
ARCHITECTS ACT 1967
Section 15A, 25(2) and 27G : Increase of fines and penalties:
Penalty and fines are increased to enhance accountability and responsibility of all registered members toward the public, and to prevent misconduct.
Section 15A(2)
(2) The Disciplinary Committee may order the issuance of a written reprimand to, the imposition of a fine not exceeding
fifty
one hundred
thousand ringgit on, the suspension for a period not exceeding
two
three
years of, the cancellation of the registration of, any
Professional
Architect,
or registered
Graduate
Architect
or foreign architect
, or any combination of two or more of the aforesaid, under any of the following circumstances:
Section 25(2)
(b) the imposition of a fine not exeeding
twenty-five
one hundred
thousand ringgit on;
(c) The suspension for a period not exeeding
two
three
years on; or
Slide24
Section 15A(2), Increase of fines and penalties:
illicit commission
;
fail to disclose
financial interest
in business he deals on behalf of his client;
registration under this Act obtained by
fraud
or misrepresentation;
if he is found guilty of any act or conduct which is
infamous or disgraceful
;
contravened or
failed to comply
with any provisions of this Act;
fails to observe any conditions
or restrictions which he is registered;
if he procures his architectural consultancy practice by
fraud
;
if he
conceals fact
which, if known, would entitle the Disciplinary Committee to cancel the registration;
if he
contravenes
any term, condition or restriction imposed by the Board when registering an architectural practice under section 7 B or 7A(3);
started practice in an architectural firm prior to approval of registration;
continue to practice after firm has been suspended or cancelled;
convicted of any offence, including false or negligent certification;
qualification under section 10 has been withdrawn or cancelled;
if he is found to be of unsound mind;
if he becomes a
bankrupt
;
incapable or no longer able to perform his professional duties effectively. Slide25Slide26Slide27
Other amendmentsSlide28
01
3
OTHER AMENDMENTS
ARCHITECTS ACT 1967
Section 2 and Section 22 : Registered Building Draughtmen.
New registration of
Registered Building Draughtman is discontinued
to allow higher competency of Submitting Person, in line with the growth of complexity in construction technology and the needs construction industry.
Section 27D (3) : Registration of Graduate Interior Designers:
To ensure Interior Designers obtain sufficient
practical experience
before qualified to establish practice.
Section 27D (4) : Qualifiying Examination for Interior Designer:
To ensure the competency fulfills legal requirement especially in
local laws
related to interior designSlide29
02
3
ARCHITECTS ACT 1967
Part VB, section 27K - 27T : Inspector of Works:
Upgrading of the title Clerk of Works in the present construction industry to
Inspector of Works.
The aim is train and regulate their practice.
To allow only qualified Inspector of Works to supervise construction works.
Part VC, section 27U - 27ZC : Architectural Technologist :
To ensure graduates in new fields related to architecture can be systematically trained and regulated.
To open opportunity for them to upgrade their qualifications in architecture practice.
OTHER AMENDMENTSSlide30
03
3
ARCHITECTS ACT 1967
Proposed rules:
Criteria for Architectural Technologist registration:-
a) Graduated from a recognised Bachelor of Science (Architecture) or any other program recognised by the as Board equivalent to LAM Part 1;
or
b) Graduate from any Bachelor of Architectural Technology or Bachelor of Science (Architecture), or any other programme recognised by the Board;
And the candidate complies with the following requirement:-
c) Has obtained a minimum of two (2) years practical experience as prescribed by the Board; and
d) Has passed the examinations as may be determined by the Board.
OTHER AMENDMENTSSlide31
04
3
ARCHITECTS ACT 1967
Proposed rules:
Criteria for Architectural Technologist with specialisation registration:-
a) Registered as Architectural Technologist for minimum period of two (2) years; and comply with either (b) or (c) below:-
b) Has obtained a minimum of two (2) years relevant works experience as Architectural Technologist in the area of specialisation as prescribed by the Board;
or
c) Has obtained a minimum of two (2) years works experience as Architectural Technologist and undergo accepted top-up / specialisation courses in the area of specialisation.
OTHER AMENDMENTSSlide32
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3
ARCHITECTS ACT 1967
OTHER AMENDMENTS
a. Work independently
b. Provide technical assistance
Acoustic design;
Accessibility science;
Architectural Façade technology;
Architecture lighting technology;
Building information modelling;
Building material and component design;
Conservation technology;
Construction technology;
Dilapidation survey;
Environmental technology;
Fire safety science;
Industrialised Building System; and
Measured drawing.
Architecture drafting;
Building design;
and
All in column (a);
Registration and Practice
Architectural technologists
may
work independently
or
provide technical assistance
in the following field:
Schedule 1Slide33
05
3
ARCHITECTS ACT 1967
4. Functions of the Board
4. (1) The functions of the Board shall be –
to keep and maintain a Register of Professional Architects, Architectural Technologist, Building Draughtsmen, Inspector of Works, foreign architects, Graduate Architects, Interior Designer and Interior Designer;
(aa) to keep and maintain a Register of
architecture consultancy practice and interior design consultancy practice;
(b) to approve or reject applications for registration under this Act or to approve any such application subject to such conditions or restrictions as it may deem fit to impose;
(
ba
) to authorise a committee appointed by the Board to approve or reject applications for registration under this Act;
(c) to order the issuance of written reprimand, the imposition of a fine, suspension or cancellation of registration, removal from or reinstatement into the Registers in accordance with this Act;
(d) to fix from time to time with the approval of the Minister the scale of fees to be charged by
Professional Architects,
architectural consultancy practices, Building Draughtsmen and interior design consultancy practices for architectural consultancy services and interior design consultancy services rendered respectively;
(
dd
) to fix from time to time with the approval of the Minister the scale of fees to be charged by Interior Designers for interior design consultancy services rendered;
(e) to hear and determine disputes relating to professional conduct or ethics of
Professional
Architects, Graduate Architects, Interior Designers and Building Draughtsmen and to appoint a committee, arbitrator or arbitrators to hear and determine such disputes;
OTHER AMENDMENTSSlide34
06
3
ARCHITECTS ACT 1967
4. Functions of the Board
4. (1) The functions of the Board shall be –
(
ea
) to act as a
stakeholder
in a contract for architectural and interior design consultancy services,
when requested
including professional fee, fee in dispute and fees in relation to dispute resolution where appropriate;
(
eb
) to authorize any person to investigate the commission of any offence under this Act or any rules made under this Act;
(
ec
) to employ any person, as it deems necessary, to assist the Board in carrying out its functions, powers and duties subject to such terms and conditions as it may determine;
(f) to determine and regulate the conduct and ethics of
Professional
Architects, Architectural Technologists, Building Draughtsmen, Inspector of Works, foreign architects, Graduate Architects, Graduate Interior Designers, Interior Designers, architecture consultancy practice and interior design consultancy practice;
(g) to represent the profession in any matter in which it may be necessary or expedient and to examine and if thought fit to report upon current legislation and any other local matters submitted to it or to make recommendations to Government or any Public or Building Authority or any institute, body or society for the time being representing the profession;
(
ga
)to appoint a council, consisting of such members of the Board,
Professional
Architects and other persons as may be determined by the Board, to conduct examinations for admission to the profession and other examinations as deemed necessary by the Board;
OTHER AMENDMENTSSlide35
Related IssuesSlide36
01
4
ISSUES
ARCHITECTS ACT 1967
Liberalisation of Professional Service commitment by Malaysian Government
Amendment to the Architects Act allows the provision of foreign equity in body corporate Architect’s Firm.
Maximum percentage of
foreign equity is 30%.
Foreign architects can be shareholders in body corporate Architect’s Firm.
Plan submission to local government can be submitted by Professional Architects
registered with the Board
of Architects Malaysia who
resides in Malaysia
for not less than
one hundred and eighty days
in any one calendar year.
Issues: Non architect and non-professional directorship provision.Slide37
02
4
ISSUES
ARCHITECTS ACT 1967
Liberalisation of Professional Service
Liberalisation of Services Identified by the Government
under the IMP3 and NKEA (Strategic Reform Initiatives)
Overview:
Malaysia needs to liberalise the services sector which has been identified as a key engine growth.
Contribution of services to Malaysia’s GDP is low compared to developed countries and steps need to be taken to tap potential of the services sector.
Issue: Professional services is traded like commodities? Slide38
03
4
ISSUES
ARCHITECTS ACT 1967
Liberalisation of Professional ServiceSlide39
04
4
ISSUES
ARCHITECTS ACT 1967
OBJECTION BY KPKT
Town planners has to compete with international architects for planning permission application. Board of Town Planners and MIP need to observe it further.
Ministry of works and LAM explain that the bills are in line with government’s intention to liberalise the services to allow 100% foreign equity in future. If the new government instruction requires so, LAM are ready to implement it and architecture profession are ready to take liberalisation challenges.
But the town planners are not ready to compete internationally or locally with foreign consultants.Slide40
Thank you…
Ar. Ezumi Harzani Ismail
