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10th Amendment Ar Ezumi Harzani Ismail 11 March 2017 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 ID: 627991 Download Presentation

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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

02

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

1

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

01

2

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

04

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% OthersSlide15
Slide16

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

05

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

06

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. Slide25
Slide26
Slide27

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

05

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

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