Laws of MALAYSIA ONLINE VERSION of the PRINT TEXT that UPDATES Act 689 GEOLOGIST ACT 2008 As at May 1, 2015 2 GEOLOGISTS ACT 2008 the date of Royal Assent of the ... ... more August 22, 2008 the date of publication in the Gazette......... August 27, 2008 3 laws of MALAYSIA Act 689 GEOLOGISTS ACT 2008 ARRANGEMENT of SECTIONS part I preliminary section 1. Short title and commencement 2. Interpretation part II BOARD of GEOLOGIST 3. The establishment of the Board 4. Functions and powers of the Board 5. Seal 6. Membership of the Board 7. Procedures of the Board 8. The term of Office 9. Allowance 10. Revocation of appointment and the resignation of the 11. Vacation of Office 12. Appointment of successors of 13. Temporary exercise of functions of the Chairman 14. The Committee 15. The Board does not assume liability 4 laws of Malaysia ACT 689 Section 16. The application of the Public authorities Protection Act 1948 17. Members, etc., be deemed to be public servants 18. Statements, reports, accounts and information PART III REGISTRATION of GEOLOGIST 19. Express 20. Graduate geologist and registered Professional Geologist registered 21. Practice by 22. Practices by foreign geologist 23. Restrictions on Professional Geologist who is not registered 24. Exception in respect of graduate geologist registered 25. Exception in respect of registered practitioners 26. Exception in respect of foreign geologist registered 27. Production of report or geological studies 28. Form and manner of application for registration is 29. Appointment and duties of Registrar 30. Certificate of registration 31. The Registrar shall publish the register and details of 32. Notification of change of address of PART IV of the SUSPENSION, cancellation, deletion and RESTORATION of 33. Suspension or cancellation of registration 34. Deletion from Register 35. Restoration of 36. Certificate should be returned Geologist 5 part V OFFENCES and PENALTIES Section 37. Appointment and powers of Inspector 38. Restrictions on hiring the services of people who are not registered 39. Penalties for obtaining registration with false allegations, etc.
40. Failure to comply with order 41. 42. General penalty Abetment and attempt is punishable as offences 43. Offence by employee, agent or partner of 44. An initial prosecution 45. Jurisdiction to try the offence 46. Protection Board, etc.
PART VI GENERAL 47. Money Board 48. Appeal is 49. Representation in civil proceedings 50. Regulations 51. Saving on the rights of the Government of 52. Prevention of anomalies of the FIRST SCHEDULE SECOND SCHEDULE 7 laws of MALAYSIA Act 689 GEOLOGIST 2008 ACT an act to establish the Board of Geologist and to provide for the registration of geology, geological and regulatory practices for matters related to it.
[28 November 2014]
Enacted by the Parliament of Malaysia as follows: part I preliminary short title and commencement 1. (1) this Act may be cited as the Geologists Act 2008.
(2) of this Act come into force on such date as the Minister may, by notification in the Gazette, and the Minister may set different dates for the coming into operation of this Act, or different provisions in this Act, in different parts of Malaysia.
Interpretation 2. (1) in this Act, unless the context otherwise requires — "foreign geologist" means a geologist is not a citizen or permanent resident of Malaysia;
8 laws of Malaysia ACT 689 "foreign geologist registered" means foreign geologist registered under subsection 22 (3);
"registered geologist" means of graduate geologist registered, registered Professional Geologist or registered foreign geologist;
"registered Professional Geologist" means a Professional Geologist registered under subsection 20 (3);
"graduate geologist registered" means a graduate geologist registered under subsection 20 (1);
"members" means the Chairman and any other Member of the Board appointed under section 6;
"material of rock" has the meaning assigned to it under section 5 of the national land [Act 56/1965];
"Register" means the register of members of geology that are stored and maintained by the Board under section 19;
"prescribed ' means prescribed by or under this Act or any regulations made under this Act;
"Inspector" means an officer appointed under subsection 37 (1);
"Institute" means the Institute of Geology of Malaysia which was established under the Societies Act 1966 [Act 335] and includes any Institute, body or organisation approved by the Minister to replace it;
"Committee" means a Committee established under section 14;
"Board" means the Board of Geologist established under subsection 3 (1);
Geologist 9 "Minister" means the Minister charged with the responsibility for development of the mineral and Geoscience Department;
"mineral" means any substance, whether in the form of solid, liquid or gas, which happens —.
(a) natural way;
(b) as a result of mining in or on the ground;
or (c) as a result of mining in or under the sea or the seabed, formed by or subject to a geological process, but does not include water, minerals and petroleum substances;
"Registrar" means the Registrar of Geologist appointed under section 29;
"practitioner" means a person referred to in subsection 21 (1);
"registered practitioner" means a person registered under subsection 21 (1);
"Chairman" means the Chairman of the Board appointed under paragraph 6 (1) (a) or 6 (2) (a), as the case may be;
"geological service" means the provision of advice and services in respect of all geological or any of the following: (a) feasibility study;
(b) planning;
(c) geological surveys;
10 laws of Malaysia ACT 689 (d) implementation, commissioning, operation, maintenance and management of the work or the geological survey project;
and (e) any other services approved by the Board;
"petroleum" has the meaning assigned to it under section 2 of the Petroleum Mining Act 1966 [Act 95];
"due date" means the date determined under subsection 1 (2).
(2) there is nothing in this Act shall be construed as permitting the practice of engineering under the registration of Engineers 1967 [Act 138] by a registered geologist or registered practitioners.
PART II BOARD of GEOLOGIST of the establishment of the Board 3. (1) there is established a body corporate called "Board of Geologist".
(2) the Board shall have perpetual succession.
(3) the Board may sue and be sued in the name of him.
Functions and powers of the Board 4. (1) the Board shall have the following functions: (a) perform the duties and functions and exercise the powers as provided in this Act;
Geologist 11 (b) with the approval of the Minister, determine the scale of fees to be charged by registered Professional Geologist, Geologist foreign registered and registered practitioners for geological services rendered;
(c) determine and regulate the conduct and professional ethics of the profession of geology;
(d) to hear and determine disputes relating to the conduct or ethics Professional Geologist registered and registered practitioner, or to establish a Committee or appoint an arbitrator to hear and determine the dispute;
(e) represent the geological profession in such things as are necessary or expedient to do so;
(f) examine and, if it deems it necessary, make a report on any matter submitted to it, local and make recommendations to the Government or to any public authority, local authority or statutory authority or to any Institute, body or organisation which, in the opinion of the Board represents the geological profession;
(g) to consider and recommend reforms to the laws relating to the geological survey;
(h) conduct examinations for admission into the profession of geology;
(i) appoint a person to represent the geological profession in any body or panel of examiners who may be appointed by other universities, body or organisation which, in the opinion of the Board represents the geological profession;
12 laws of Malaysia ACT 689 (j) make recommendations in connection with any examination so that eligible admitted into the geological profession;
(k) convene or cause to be conducted a professional development program for registered geologist and registered practitioners to enhance their knowledge of the latest developments relating to the geological profession;
(l) provide scholarships and other facilities to encourage learning and education related to geology; and (c) do any other thing as he thinks fit to enable it to perform its functions effectively or incidental to the performance of its functions.
(2) the Board shall have all the powers necessary for, or associated with, or reasonably incidental to, the performance of its functions under subsection (1).
(3) without prejudice to the general power conferred by subsection (2) the Board shall have power — (a) to purchase or lease any land or building as may be required for the exercise of proper functions under this Act;
(b) subject to subsection (4), to borrow or memperdapatkan money through bank overdraft or otherwise for the purposes set out in paragraph (a); and (c) to lease, dispose of or otherwise make arrangements about any immovable property of the Board.
Geologist 13 (4) of the Board cannot borrow or memperdapatkan money by any means without the prior written approval of the Minister and the Minister of finance.
Seal 5. (1) the Board shall have a common seal which shall bear a sign approved by the Board.
(2) the common seal can be broken, changed, altered and made anew as the Board may think fit.
(3) until a seal is provided by the Board, a stamp bearing the words "Board of Geologist" may be used and shall be deemed to be the common seal of the Board.
(4) the common seal shall be kept in the custody of the Chairman or another Member of the Board.
(5) the common seal shall be affixed in the presence of the Chairman and one other Board member and the Chairman and the members shall sign every deed, document or instrument to which the seal is affixed.
(6) all deeds, documents or other instruments purporting to be sealed with the common seal and authenticated as specified in subsection (5) shall be deemed to have been validly executed until the contrary is proved.
(7) any deed, document or instrument which, if executed by a person not being a body corporate, is not required in order to be sealed, can be executed in the manner similar by the Chairman or another Member of the Board for the Board.
14 laws of Malaysia ACT 689 (8) the common seal of the Board shall be officially and judicially noticed.
Membership of the Board 6. (1) the Board shall consist of the following members, which must be a Malaysian citizen and shall be appointed by the Minister: (a) a Chairman who shall be a registered Professional Geologist;
(b) a representative of the Institute;
(c) five members who shall be a registered Professional Geologist in the public service or in the service of any local authority or statutory authority;
(d) five members who shall be a registered professional geologist who runs a private practice or in full-time employment of any person or group of persons other than public services or any local authority or statutory authority; and (e) two people who, in the opinion of the Minister, could contribute to the development of the profession.
(2) Notwithstanding subsection (1), the first Board shall consist of the following members, which must be a Malaysian citizen and shall be appointed by the Minister: (a) a Chairman who shall be a person who is eligible to be registered as a registered Professional Geologist;
Geologist 15 (b) a representative of the Institute;
(c) five members who shall be persons eligible to be registered as a member of geology
registered professional and that are in the public service or in the service of any local authority or statutory authority;
(d) five members who shall be persons eligible to be registered as a registered professional geologist and running private practices or in full-time employment of any person or group of persons other than public services or any local authority or statutory authority; and (e) two people who, in the opinion of the Minister, could contribute to the development of the profession.
(3) for the purposes of paragraph (1) (c) and (d) and (2) (c) and (d), the Institute can name a registered Professional Geologist suitable or appropriate person eligible to be registered as a registered Professional Geologist, as the case may be, for the consideration of Ministers.
(4) no nothing in subsection (3) shall be construed as requiring the Minister to appoint a Member referred to in paragraph (1) (c) or (2) (c) of the list of nominees submitted by the Institute.
(5) the following persons are not eligible for appointment to the Board: (a) a person who is not of unsound mind or otherwise is unable to meet its obligations;
(b) a person who is bankrupt; and 16 laws of Malaysia ACT 689 (c) a person who has been convicted of an offence by a court and sentenced to imprisonment for a term not less than one year or a fine of not less than two thousand dollars.
Procedures of the Board 7. (1) the provisions of the first schedule shall apply to members of the Board.
(2) the Minister may amend the first schedule by order published in the Gazette.
The term of Office 8. (1) members of the Board shall be appointed for each period not exceeding three years.
(2) the Board shall be eligible for re-election but no Member may hold office for more than two consecutive periods.
Allowance 9. All members of the Board shall be paid the allowance at the rates determined by the Minister.
Revocation of appointment and resignation of 10. (1) the Minister may at any time revoke the appointment of any member of the Board without giving any reason for the revocation.
Geologist 17 (2) a member of the Board may at any time resign his Office by giving notice in writing to the Minister.
Vacation of Office 11. Office of a member of the Board shall be vacated: (a) if he dies;
(b) if there has been proved against him, or if he has been convicted of, a charge in respect of — (i) an offence involving fraud, dishonesty or moral turpitude;
(ii) an offence under any law relating to corruption; or (iii) any other offence punishable with imprisonment (whether imprisonment only, or in addition to a penalty or in lieu of a fine) for more than two years;
(c) if his actions, whether in connection with his duties as a member of the Board or otherwise, is a behaviour detrimental to the name of the Board;
(d) if he becomes bankrupt;
(e) if he is of unsound mind or otherwise is unable to meet its obligations;
18 laws of Malaysia ACT 689 (f) in the case of the Chairman, if he fails to attend three consecutive meetings of the Board without the written consent of the Minister;
(g) in the case of a member other than the Chairman, if he fails to attend meetings of the Board three times consecutive-also without written permission of the Chairman;
(h) if his appointment is revoked by the Minister;
(i) if his resignation is accepted by the Minister; or (h) if its registration under this Act is revoked.
The appointment of substitutes 12. If a member of the Board resigns or dies or otherwise clearing his Office or if his appointment is revoked, the Minister shall, as soon as practicable, elect a new Member to replace it and the members so appointed shall hold office for the remainder of the appointment of members that his it.
Temporary exercise of functions of the Chairman 13. (1) the Minister may appoint any member to act as Chairman — (a) during any period when the Chairman is empty;
(b) during any period when the Chairman is absent on duty or are not in Malaysia; or (c) during any period when the Chairman, for any other reason, is unable to perform the duties of his Office.
(2) until an appointment under subsection (1) is made or, if no such appointment or if the Chairman is not present Geologist 19 at any meeting of the Board, the Board shall appoint one of the members appointed under paragraph 6 (1) (c) or 6 (2) (c), as the case may be, to perform the functions of the Chairman.
(3) a member appointed under subsection (1) or Member referred to in subsection (2), as the case may be, shall, during the period he function of Chairman under this section are deemed to be Chairman.
(4) If at any meeting of the Board the Chairman or the person who both perform functions of the Chairman is not present, the members present shall elect one from amongst the members present to chair the meeting.
The Committee 14. (1) the Board may establish such committees as it considers necessary or expedient to assist it in the performance of its functions under this Act except functions under sections 20, 21, 22, 23, 33, 35 and 50.
(2) the Board may elect any of its members to be the Chairman of a Committee.
(3) the Board may appoint any person to be a member of any Committee established under subsection (1).
(4) a member of the Committee shall hold office for a period specified in the letter of appointment and shall be eligible for re-election.
(5) the Board may revoke the appointment of any member of the Committee without assigning any reason for the revocation.
20 laws of Malaysia ACT 689 (6) a member of the Committee may at any time resign by giving notice in writing to the Chairman of the Committee.
(7) the Board may at any time discontinue or change the membership of a Committee.
(8) a Committee may regulate its own procedure.
(9) a Committee shall be subject to and shall be
Act in accordance with any direction given to him by the Board.
(10) meetings of a Committee shall be held at such time and at the place determined by the Chairman of the Committee.
(11) a Committee shall cause — (a) minutes of all its meetings to be kept and maintained in a proper form; and (b) a copy of the minutes of all its meetings as submitted to the Board as soon as practicable.
(12) a Committee may invite any person to attend any meeting of the Committee for the purpose of advising it on any matter under discussion but any person so attending shall not be entitled to vote at the meeting.
(13) the members of a Committee and any person invited under subsection (12) shall be paid such allowances and other expenses as determined by the Board after consultation with the Minister.
Geologist 21 (14) an action, order or decision of a Committee shall be deemed to be an action, order or decision of the Board.
Member of the Board not liable 15. None of the Board members themselves shall be liable for any loss or damage caused by any act or omission in administering the Affairs of the Board unless the loss or damage was caused intentionally or due to gross negligence or recklessness.
The application of the Public authorities Protection Act 1948 16. Public authorities Protection Act 1948 [Act 198] shall apply to any action, suit, prosecution or proceeding of the Board or of any member of the Board, any member of a Committee, and any agent or employee of the Board in respect of any act, negligence or default made or done by him in good faith or omission left by him in good faith, on such properties.
Members, etc., be deemed to be public servants 17. Every Member of the Board or any of its committees or any agent or employee of the Board, while on his duties as a member, agent or employee of such shall be deemed to be public servants within the meaning of the Penal Code [Act 574].
Statements, reports, accounts and information 18. (1) the Board shall give to the Minister, and any public authority as specified by the Minister, 22 laws of Malaysia ACT 689 any statements, reports, accounts and information concerning the activities and their accounting as required or directed by the Minister.
(2) statement, report, account and information referred to in subsection (1) shall be in such form and shall contain any information relating to the proceedings and policy Board and any other matters as the Minister may determine.
PART III REGISTRATION of GEOLOGIST Express 19. (1) the Board shall keep and maintain a register of members Geology which shall consist of the following parts: (a) part A — which shall contain the name, registration number, your business address and details of other registered Professional Geologist;
(b) part B — which shall contain the name, registration number, your business address and other details of graduate geologist registered;
(c) part C — which shall contain the name, registration number, your business address and details of other registered practitioner; and (d) part D — which shall contain the name, registration number, your business address and details of other foreign registered geologist.
Geologist 23 (2) must be appearing with the name of each registered geologist and registered practitioner stored in Register the test and details of any conditions or restrictions imposed by the Board under this Act.
Graduate geologist and registered Professional Geologist registered 20. (1) any person who holds a qualification approved by the Board shall be entitled to be registered as a registered graduate geologist when applying.
(2) a person who is registered as a graduate geologist registered under subsection (1) is required to obtain practical experience as may be approved by the Board and passed the examinations as may be determined by the Board in order to be entitled to apply to be registered as a Professional Geologist registered under subsection (3).
(3) the following shall be entitled to be registered as a Professional Geologist registered when applying: (a) any person — (i) is registered as a registered graduate geologist; and (ii) has acquired practical experience approved by the Board and must have passed the examination set by the Board under subsection (2);
(b) any person who although does not hold the qualifications required by the Board under subsection (1) — (i) holds a degree in geology that were not approved by the Board;
24 laws of Malaysia ACT 689 (ii) has passed the examination conducted by the Board; and (iii) have acquired practical experience approved by the Board; and (c) a person who holds a degree in geology or other qualifications deemed equivalent by the Board and the satisfaction of the Board that he had practice or carries on a business or has used services as geologist immediately before the appointed date and has applied for registration within the period of twelve months from that date.
(4) Only citizens or permanent residents eligible to be registered as a registered graduate geologist or registered professional geologist.
(5) a person who want to be registered as a graduate geologist or registered Professional Geologist registered may apply to the Board and the application shall be supported by evidence that he had qualifications dokumentar required under this section.
(6) the Board may, upon approval of registration under this section, impose such conditions or restrictions as he may deem fit.
(7) the Chairman shall notify the applicant about the Board's decision within ninety days from the date the application is received.
(8) No person shall be entitled to be registered as a Professional Geologist registered if at any time before registration exist any facts or circumstances that entitle the Board to revoke its registration.
(9) Subsection 35 (4) and 48 (1) shall apply with such modification as may be necessary for any person that Geologist 25 application for registration has been rejected under subsection (8).
Practice by 21. (1) a person who is not a registered geologist and who do not own any academic qualifications approved by the Board for the purposes of this Act but conducted practices or conduct in any geology set out in the second schedule before a specified date can continue to practice and perform such arrangements provided he is registered as a practitioner registered under this Act within twelve months from the date specified.
(2) Only citizens or permanent residents eligible to be registered as a registered practitioner.
(3) a person who want to be registered as a registered practitioner may apply to the Board and the application shall be supported by evidence that he owns dokumentar expertise and experience required for adopting geology may be.
(4) the Board may, upon approval of perdaftaran under this section, impose such conditions or restrictions as he may deem fit.
(5) the Chairman shall notify the applicant about the Board's decision within ninety days from the date the application is received.
(6) if any such person is not registered under this Act after the period specified in subsection (1), that person shall be deemed to be a Professional Geologist is not registered and the provisions of this Act shall apply to that person as if that person is a Professional Geologist registered no.
26 laws of Malaysia ACT 689 Practices by foreign geologist 22. (1) a person who want to be registered as one foreign geologist registered may apply to the Board and the application shall be supported by evidence that he had qualifications dokumentar required under subsection (2).
(2) a foreign geologist can be considered for registration as a registered foreign geologist if he satisfy the Board that — (a) he has the qualifications to be recognized for the practice of Geology as a Professional Geologist in the country where he is common practice; and (b) he has the necessary expertise.
(3) the Chairman may, with the agreement in writing at least two-thirds of the Board, in writing, approve the registration of any foreign geologist.
(4) the Chairman may, upon approval of registration under subsection (3), impose such conditions or restrictions as he may deem fit.
(5) the Chairman may approve for registration a person foreign Geologist for a period not exceeding one calendar year and shall renew the registration in accordance with subsection (3) as he may deem fit.
(6) the Chairman shall notify the foreign geologists about the Board's decision within ninety days from the date the application is received.
(7) without prejudice to section 33, the Chairman may, with the agreement in writing two-thirds of the Board, revoke the registration of a member of the registered foreign geology Geologist 27 to serve a written notice to the geologist without assigning any reason for the revocation.
(8) upon the registration of a registered foreign geologist is cancelled under subsection (7), the applicable foreign geologist must stop running any right or privilege conferred upon him under this Act but he reserves the right to obtain in any court any fees, charges, remuneration or consideration in any other form for services rendered before the date of receipt of the notice of cancel its registration.
Restrictions on Professional Geologist who is not registered 23. (1) subject to section 24, 25 and 26, no person shall, unless he is a registered Professional Geologist — (a) carry out the practice, carries on a business or work as a geologist;
(b) submitting himself as a geologist under any name, style or title — (i) that contain the words "Professional Geologist", "geologist" or equivalent in any other language; or (ii) that contains any other words in any language that can be reasonably interpreted as implying that he's a Professional Geologist or a geologist;
(c) be entitled to described himself as a "professional geologist" and use the abbreviation "p. Geol." after his name or in any way related to his name;
28 laws of Malaysia ACT 689 (d) use or display any sign, signage, card or other tools that reflect or imply that he's a Professional Geologist or a geologist; or (e) shall have the right to obtain in any court any fees, charges, remuneration or consideration in any other form for any geological services rendered.
(2) any person who contravenes subsection (1) commits an offence and shall, on conviction, to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding one year or to both.
Exception in respect of graduate geologist registered 24. Notwithstanding subsection 23 (1), a registered graduate geologist may, with the written approval of the Board, worked as a geologist and restrictions on consumption of the word "geologist" referred to in subsection 23 (1) does not apply to him as far as his career on such properties.
Exception in respect of registered practitioners 25. Except for the restrictions on the use of the words "Professional Geologist" referred to in subsection 23 (1), the restrictions in that section does not apply to a registered practitioner.
Exception in respect of foreign registered geologist 26. (1) Notwithstanding section 23 (1), one foreign geologist registered authorised in writing by the Chairman may do any act or thing that prohibited foreign geologist do it or have no right to do it.
Geologist 29 (2) a foreign registered geologist who commits any act or thing under and in accordance with the authorization given under subsection (1) shall, notwithstanding any
provisions of this Act to the contrary, be deemed to be authorised or entitled to do an act or thing that.
Submission of reports or studies geology 27. (1) except as otherwise provided under any other written law, no person other than a registered Professional Geologist, Geologist foreign registered or registered practitioner resident and practised in Malaysia shall be entitled to prepare and submit to any person or authority in Malaysia report or geological studies relating to geology in any geology set out in the second schedule.
(2) the right of a person registered Professional Geologist, Geologist foreign registered or registered practitioner to prepare and submit reports or geological studies to any person or authority in Malaysia shall be subject to such conditions or restrictions as may be imposed by the Board under this Act.
(3) any person who contravenes subsection (1) or (2) commits an offence.
(4) no nothing in this section shall prevent any Geologist in public service or in the service of any local authority or statutory authority of submitting the report or geological studies to any person or authority in Malaysia.
(5) the Minister may amend the provisions of the second schedule by order published in the Gazette.
(6) no nothing in this Act shall be construed as meaning that the geological service is necessary for the practice of 30 laws of Malaysia ACT 689 engineering for any purpose unless specifically requested by a registered professional engineer.
Form and manner of application for registration 28. All applications for registration under this Act shall be made to the Board in the form and in the prescribed manner and shall be accompanied by the prescribed fee.
Appointment and duties of Registrar 29. The Board may appoint a Registrar of the Geologist who shall be under the General control and direction of the Board and its duties shall include — (a) sign all certificates of registration and the order of the Board; and (b) record all entry registration, suspension, cancellation, deletion and restoration of the register.
Certificate of registration 30. (1) upon receipt of the prescribed fee, the Registrar shall issue to the applicant that its application was approved by the Board of a certificate of registration in the prescribed form.
(2) every certificate of registration shall expire on 31 December of the year of the certificate of registration is issued and shall thereafter be renewed annually after paid the fee prescribed.
(3) in any proceedings, a certificate of registration shall be conclusive evidence that the person named in it is registered under this Act.
Geologist 31 the Registrar shall publish the register and details of 31. (1) the Registrar shall as soon as practicable, publish in at least one daily newspaper in the national language and one in English that has a distribution throughout the country, name, registration number, your business address and other details of any registered geologist and registered practitioner whose registration is suspended, cancelled, cut or placed back.
(2) the Registrar may publish annually and offers for sale a copy of the register.
Notification of change of address 32. (1) every registered geologist and registered practitioner shall notify the Registrar of any change of address of its business within sixty days from the date of the changeover.
(2) a registered geologist and registered practitioner who without reasonable grounds does not give notification required under subsection (1) commits an offence and shall, on conviction, to a fine not exceeding one thousand dollars.
PART IV of the suspension, CANCELLATION, deletion and RESTORATION of the suspension or cancellation of registration 33. (1) the Board may impose any of the sanctions provided under subsection (2) to any registered geologist or registered practitioners under any of the following circumstances: 32 laws of Malaysia ACT 689 (a) if he has been convicted of any offence involving fraud or dishonesty or moral turpitude in Malaysia or elsewhere;
(b) if he offers or receive any commissions which in the opinion of the Board is an illegal Commission;
(c) If during the act upon his professional nature, he at the same time without disclosing that fact in writing to its customers, is a Director or member or substantial shareholder in or agent for any company, firm or business, or have any financial interest in the company, firm or business, that with it he dealing on behalf of clients;
(d) if its registration under this Act has been obtained by fraud or misrepresentation or due to any mistake or oversight made by the Board in considering an application for registration;
(e) if the test under section 20 has been revoked or cancelled by the authorities that the qualifications obtained through it or by whom the qualifications awarded;
(f) if the permission under subsection 26 (1) has been revoked or cancelled;
(g) if he is found to be of unsound mind or is otherwise incapable of performing his professional duties or he becomes bankrupt;
(h) if he is found by the Board has violated this Act or any regulations made under this Act;
Geologist 33 (i) if he fails to comply with any conditions or restrictions subject to him he is registered;
(j) if he was found guilty by the Board for any act or conduct which, in the opinion of the Board are dishonourable or vile; or (k) if he fails to perform his professional duties with skill, prudence and diligence accordingly.
(2) for the purposes of subsection (1), the Board may — (a) issue a written warning or reprimand to registered geologist or registered practitioners concerned;
(b) order the registered geologist or registered practitioners concerned to pay a fine not exceeding five thousand dollars;
(c) order the suspension of the registration of a registered geologist or registered practitioners concerned for
period not exceeding one year;
(d) order the cancellation of the registration of a registered geologist or registered practitioners concerned; or (e) impose any combination of sanctions specified in paragraph (a) to (d) that fits on a registered geologist or registered practitioner may be.
(3) the Board shall not make an order under subsection (2) unless — (a) a hearing was held on the grounds of complaints against registered geologist or registered practitioners concerned was said to have caused, 34 laws of Malaysia ACT 689 contributed to or has become a party to the complaint, which was carried out by at least two-thirds of the total number of members of the Board; and (b) an opportunity to be heard has been given to a registered geologist or registered practitioners concerned itself or through an advocate and solicitor.
(4) the Board may, if it thinks fit, suspend the registration of any registered geologist or registered practitioner for a period not exceeding six months, pending completion of any investigation by the Board under this Act.
(5) upon the Board suspend the registration of a person registered geologist or registered practitioner under paragraph (2) (c) or subsection (4), or to cancel the registration of a person registered geologist or registered practitioner under paragraph (2) (d) or subsection 40 (2), Geologist or practitioners concerned shall stop running any right or privilege conferred upon him under this Act but he reserves the right to obtain in any court any fees , charges, remuneration or consideration in any other form for services rendered before the date of receipt of the notice from the Board suspend or cancel its registration.
(6) an order of the Board under paragraph (2) (c) or 2 (d) or subsection (4) shall, as soon as practicable, published in at least one daily newspaper in the national language and one in English that has a distribution throughout the country.
Deletion from Register 34. There shall be deducted from the register the names and other details — Geologist 35 (a) any registered geologist or registered practitioners who have died;
(b) any registered geologist or registered practitioners who do not renew its registration within one month from the date of expiry of the registration; or (c) any registered geologist or registered practitioner whose registration has been cancelled.
Restoration of 35. (1) a registered geologist or registered practitioner whose name has been deducted from the register pursuant to an order of the Board under paragraph 33 (2) (d) shall, if the appeal is allowed under section 48, immediately placed back his name and issued a certificate of registration to it.
(2) a registered geologist or registered practitioner whose name has been deducted from the register for non-renewal of registration for a period not exceeding three years shall be placed back her name once she told the Registrar of their intention to so his name placed back and after he pays the prescribed fee.
(3) a registered geologist or registered practitioners who do not renew its registration for a period exceeding three years in a row can be placed back in its name if the Board is satisfied with the reasons for restoration and after fees paid.
(4) a registered geologist or registered practitioner whose name has been deducted from the register pursuant to an order of the Board under paragraph 33 (2) (d) and does not make representations against the order or appeal was rejected or withdrawn may apply for restoration after the end of the period not 36 laws of Malaysia ACT 689 less than six months from the date of order cancellation, or from the date of the decision or from the date of appeal withdrawn , whichever is the later date.
(5) for the purposes of subsection (4) the Board may, upon receiving an application from a member of the geology or practitioner whose registration has been suspended under paragraph 33 (2) (c) or cancelled under paragraph 33 (2) (d), inserting the registration if the Board is satisfied that — (a) the reason that led to the suspension or revocation of registration no longer exists; and (b) geologist or practitioners may be, at the time of application, the following terms, conditions and restrictions imposed by the Board at the time of the original registration.
(6) without prejudice to subsection (1) to (5), the Board may, upon receipt of satisfactory evidence of proper reasons for restoration and after having been reimbursed to the Board all expenses incurred by the Board arising from proceedings that led to the cancellation of the registration and having paid the fee prescribed for registration, register the geologist or practitioners may be, as the case may be.
(7) in the restore the registration a member of Geology or practitioner under this section, the Board may impose such terms, conditions and additional restrictions as he may deem fit.
(8) an order of the Board under this section shall, as soon as practicable, published in at least one daily newspaper in the national language and one in English that has a distribution throughout the country.
Geologist Certification should be returned 36 37. Someone registered geologist registered practitioner or someone whose name has been deducted from the register shall, within fourteen days after the geologist or practitioner is notified by registered post about cutting it, surrender to the Board of the certificate of registration issued to him under this Act.
Part V OFFENCES and PENALTIES the appointment and powers of Inspectors 37. (1) the Minister may appoint a public officer from among any number of officers as it may deem necessary as an Inspector for the purposes of this Act.
(2) the functions of the Inspector is a person — (a) ensure that a registered geologist and registered practitioners comply with the provisions of this Act;
(b) receive and consider any reports on the Commission of any offence under this Act and investigate the report; and (c) detect and investigate — (i) any suspected offences under this Act;
(ii) any suspected attempts to commit any offence under this Act; or (iii) any suspected conspiracy to commit any offence under this Act.
38 the laws of Malaysia ACT 689 (3) where an Inspector has reasonable cause to believe that an offence under this Act is being or has been committed in any premises or in connection with any business conducted in any premises, he shall apply to a magistrate for a warrant to authorize him to enter and search the premises concerned.
(4) where a Magistrate found, based on the information given in writing and after such investigation as may appear necessary, the magistrate that there is reasonable cause to believe that an offence under this Act is being or has been committed in any premises, the Magistrate may issue a warrant to authorize any Inspector named in the warrant to enter the premises at any reasonable time and search and examine the premises and check , make copies, take extracts from or seize any book, document or other thing found on the premises reasonably believed to give evidence of the Commission of an offence against this Act.
(5) an Inspector in the exercise of its powers under subsection (4) may require any person who carries on or manage any business premises in question submit to inspection Inspector of any certificate of registration issued to the person or, in the case of an employee, which is issued to the employer under this Act.
(6) an Inspector in the exercise of its powers under subsection (4) shall declare his Office and submit to the person against whom the Inspector acts or from whom the Inspector requires any information cards his powers directed by the Minister that brought by the Inspector.
Geologist 39 (7) an Inspector in the exercise of its powers under subsection (4) may carry with it people and equipment as it deems necessary.
(8) where any book, document or other thing seized under subsection (4), the Inspector shall prepare a list of things the seizing seized and forthwith deliver a copy of that list signed by him to the occupier of the premises searched or to agents or employees of the premises and if the premises are not occupied, the Inspector shall affix the seizing can list things whenever seized it in conspicuous place in the premises.
(9) a person prevent or thwart someone Inspector in carrying out its duties under this Act commits an offence and shall, on conviction, to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding one year or to both.
Restrictions on hiring the services of people who are not registered 38. (1) No person shall employ a person who is not registered under this Act to provide any geological service under this Act can only be given by a registered geologist or registered practitioners.
(2) any person who contravenes subsection (1) commits an offence and shall, on conviction, to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding one year or to both.
Penalties for obtaining registration with false allegations, etc.
39. A person — 40 laws of Malaysia ACT 689 (a) obtain or attempt to obtain registration or certificate of registration under this Act by consciously making or producing or causing to be made or produced any declaration, certificate, application or false representation or tipuan whether in writing or otherwise;
(b) knowingly makes or causes to be made any false entry in the register;
(c) falsify, alter or melancung any certificate of registration under this Act;
(d) use any certificate of registration that is falsified, altered or trained under this Act by knowing that the certificate was falsified, altered or trained;
(e) impersonating a registered geologist or registered practitioners;
(f) purchase or fraudulently obtains a certificate of registration under this Act is issued to another person; or (g) sell any certificate of registration issued under this Act, commits an offence and shall, on conviction, to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding two years or to both.
Failure to comply with order of 40. (1) any person who fails to comply with an order of the Board made under section 33 or decision of the Minister made under section 48 commits an offence and shall, on conviction, to a fine not exceeding ten thousand ringgit and Geologist 41 to imprisonment for a term not exceeding one year or both of each.
(2) in addition to the penalty provided under subsection (1), the Board may when a registered geologist or registered practitioners convicted under subsection (1) cancel immediate registration registered geologist or registered practitioner may be.
General penalty 41. Any person who commits an offence under this Act for which no penalty is provided for expressly shall, on conviction, to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding one year or both of each.
Abetment and attempt is punishable as an offence 42. (1) a person who is an accomplice in the Commission of or attempt to commit any offence under this Act is guilty of an offence and shall, on conviction, be liable to the punishment provided for the offence.
(2) any person who commits any act in preparation for or to assist in the Commission of any offence under this Act is guilty of an offence and shall, on conviction, be liable to the punishment provided for the offence but such term of imprisonment imposed shall not exceed one per second than the maximum duration provided for that offence.
Offences by partner, agent or employee of 43. A person shall be liable to any penalty or penalties under this Act for any act, omission, neglect or default if an Act, omission, neglect or
42 laws of Malaysia ACT 689 default is done by himself may be subject to the same sanction/penalties if the Act, omission, neglect or default is done by the partners, agents or employees unless he proves — (a) that the Act, omission, neglect or default that was done without the knowledge, consent or pembiarannya; and (b) that he took all reasonable steps and conducted all due diligence to prevent the Act, omission, neglect or default of that.
An initial prosecution 44. No prosecution in respect of any offence under this Act shall be instituted except by or with the written consent of the public prosecutor.
Jurisdiction to try the offence 45. Notwithstanding any law to the contrary, the Court of first class Magistrate shall have jurisdiction to try any offence under this Act and impose a sentence full for any such offence.
Protection Board, etc.
46. (1) no action or prosecution can be brought, instituted or maintained in any court against the Board, a member of the Board, the Registrar, an Inspector or any other person authorized to act for or on behalf of the Board for or for or in respect of any act directed or performed for the purpose of implementing this Act.
Geologist 43 (2) of this section shall not apply to the powers conferred to the Board under subsection 4(3) or for any power to enter into contracts carried out by the Board.
PART VI GENERAL Money Board 47. (1) all money from the fees and charges payable to the Board under this Act shall be paid to the Board.
(2) money received by the Board under this Act shall be applied as follows: (a) to pay the expenses of the registration and any other expenses incurred in the administration of this Act, including any expenses of the Board may be allowed under any regulations made under this Act; and (b) to provide scholarships and to promote learning and education in the field of geology.
(3) moneys not needed immediately by the Board may be invested in securities of Trustees as may be determined by the Board after consultation with the Minister or stored as fixed deposits in banks as may be determined by the Board after consultation with the Minister.
The appeal of 48. (1) any registered geologist or registered practitioners who — (a) has rejected its registration by the Board;
44 the laws of Malaysia ACT 689 (b) has been registered but are not satisfied with any conditions or restrictions imposed by the Board under this Act;
(c) once registered cut its name from the register pursuant to an order made by the Board under section 33; or (d) are not satisfied with any order made by the Board under section 33, may, within twenty one days after notified such, appeal to the Minister, who then must make a decision.
(2) the notice of appeal under subsection (1) shall be in writing and a copy of the notice of appeal shall be submitted to the Chairman.
(3) the decision of the Minister on an appeal under subsection (1) shall be final and shall not be questioned in any court.
Representation in civil proceedings 49. Notwithstanding anything in any other written law — (a) in any civil proceedings by or against the Board; or (b) in any civil proceedings any other Board required or allowed by the Court to be represented, or to be heard, or otherwise have the right to be represented or be heard, any person authorized by the Board for that purpose may, on behalf of the Board, started the proceedings or present 45 Geologist in the proceedings and may make all presence and application and do all such acts in respect of the proceedings on behalf of the Board.
Regulations 50. (1) the Board may, with the approval of the Minister, make regulations for all or any of the following purposes: (a) prescribing how to apply for registration, authorization and approval under this Act, the particulars should be submitted by the applicant, registration and grant of permission of the manner, conditions and restrictions that shall apply and form of acknowledgement, authorization and approval;
(b) prescribing forms for the purposes of this Act;
(c) prescribing the fees and charges payable under this Act and the manner of collecting and spending the fees and charges;
(d) provide for regulating all or any of the activities of the Board and generally the implementation of functions, the exercise of the powers and discharge the duties of the Board under this Act; and (e) provide for any other matter intended by, or as may be necessary to carry out the full, the provisions of this Act and for the Administration accordingly.
(2) regulations made under subsection (1) may provide that any act in violation of the regulations to be an offence and may prescribe punishment of a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding one year or both of each for the offence.
46 laws of Malaysia ACT 689 Saving on the rights of the Government 51. There is nothing contained in this Act shall apply to anything done or omitted than done by or under the authority of the Federal Government or the Government of any State.
Prevention of 52 anomalies. (1) the Minister may, after consultation with the Board, where it considers necessary or expedient to do so, whether for the purpose of removing difficulties or prevent anomalies arising from the manufacture of this Act, by order published in the Gazette, make any modifications to any of the provisions of any existing law as it thinks fit.
(2) the Minister may not exercise the powers conferred by subsection (1) after the expiration of two years from the date specified.
(3) in this section "modification" includes amendment, addition, deletion, replacement, adjustment, alteration, variation and disapplication of any provision in any existing law.
Geologist 47 FIRST SCHEDULE [section 7] SETTING BOARD Meeting
1. (1) The Board shall meet at least four times a year at such time and at the place determined by the Chairman.
(2) the Chairman shall preside at Board meetings.
(3) five members of whom at least two must be member appointed under paragraph 6 (1) (c) or 6 (2) (c) and at least two must be member appointed under paragraph 6 (1) (d) or 6 (2) (d) is present at any meeting of the Board shall form a quorum.
(4) every Member of the Board present shall be entitled to one vote.
(5) in the event of a question to the Board there is equality of votes, the Chairman shall have a casting vote in addition to the votes normally.
The Board may invite others to attend meetings 2. (1) the Board may invite any person to attend any meeting or deliberation of the Board for the purpose of advising it on any matter under dibincangkannya, but any person so attending shall have no right to vote at the meeting or deliberation.
(2) any person invited under subparagraph (1) may be paid such allowance as may be determined by the Board.
Minute 3. (1) the Board shall cause minutes of all its meetings so that the stored and maintained in a proper form.
(2) any minutes made of meetings of the Board shall, if duly signed, admissible in evidence in all 48 laws of Malaysia ACT 689 legal proceedings as prima facie evidence of the facts stated therein without further proof.
(3) every meeting of the Board in respect of the proceedings minutes were made in accordance with subparagraph (1) and (2) shall be deemed to have been duly convened and held and all members of the meeting have been duly qualified to act.
Procedure 4. Subject to this Act, the Board may regulate its own procedure.
Disclosure of interest 5. (1) a member of the Board, directly or indirectly, himself or by his partner, any interest in any companies or enterprises in which the Board proposes to make any contract or who has any interest in any contract or in any matter under discussion by the Board shall disclose to the Board the fact and the nature of the interest.
(2) a disclosure under subparagraph (1) shall be recorded in the minutes of the Board and, after the disclosure, the Member has an interest in the matter — (a) cannot take part or are present in any deliberation or decision of the Board; and (b) shall not be taken into account for the purpose of forming a quorum of the Board.
(3) no act or proceeding of the Board may be invalidated on the ground that any member of the Board has violated the provisions of this paragraph.
Validity of acts and proceedings 6. No act done or proceeding taken under this Act may be questioned on the ground that — (a) any vacancy in the membership of, or any defect in the establishment of, the Board;
(b) a contravention of paragraph 5 by any member of the Board; Geologist or 49 (c) there is any omission, defect or ketidakteraturan that notwithstanding the merits of the case.
Members should devote time to the business of the Board 7. Every Member of the Board should devote time to the business of the Board as may be necessary to meet their obligations effectively.
Secretary 8. The Board may appoint a Secretary of the Board shall not be members of the Board.
SECOND SCHEDULE [section 21 and 27] GEOLOGY (a) geophysical surveys (b) geochemistry (c) geokronologi (d) geological environment (e) economic geology (f) engineering geology Marine Geology (g) (h) petroleum Geology (i) geological region 50 laws of Malaysia ACT 689 (j) geological structure and tectonic (k) hidrogeologi (l) pencarigalian and mineralogical exploration (m) (n) (o) stratigrafi petrological study and paleontologi (p) geological sciences other than those set out in items (a) to (o) 51 laws of MALAYSIA Act 689 GEOLOGISTS ACT 2008 LIST AMENDMENT law
a amend the short title effect from-No-52 laws of MALAYSIA Act 689 GEOLOGISTS ACT 2008 LIST SECTION AMENDED Section Power amend with effect from-no-
