Outlines

Lecture 1: REA 1967 (Revised – 2015)

Lecture 2: RER 1990 (Revised – 2015)
Lecture 3: Code of conduct
 LECTURE 1:
REGISTRATION OF ENGINEERS ACT
1967
(Revised – 2015)

Act 138
 REGISTRATION OF ENGINEERS ACT
1967 (Revised – 2015)
An Act to provide for the registration of Engineers and for
purposes connected therewith.

• Enacted in 1967 : Act No. 66 of 1967

• Revised up to : 2015
• Date of Royal Assent : 14th February 2015
• Publication in Gazette : 28th February 2015
• Date of Operation : 31st July 2015
REGISTRATION OF ENGINEERS ACT
1967
(Revised – 2015)
Act 138
An Act to provide for the
registration of Engineers and
for purposes connected
therewith.
 BOARD OF ENGINEERS

• Establishment of Board of Engineers.

– 3(1) For the purposes of this Act there is hereby
established a board to be called "Board of
Engineers", which shall be a body corporate with
perpetual succession and a common seal and which
may sue and be sued.
• Functions of the Board
– 4(1) The functions of the Board of Engineers Malaysia
(BEM) – Registration & Regulation of Engineers.
 Functions of the Board
- on Ethics -
• For the purposes of this Act (Section 4)
there is hereby established a board to be
called "Board of Engineers", Malaysia (BEM).
The functions of the Board shall be among
others:
– to hear and determine disputes relating to
professional conduct or ethics of registered
Engineers.
– to determine and regulate the conduct and
ethics of the engineering profession.
 REGISTRATION OF ENGINEERS

• Section 5. (1) The Register shall contains the

following -
(a) Part A - which shall contain the names, addresses and other particulars of
Professional Engineers;
(b) Part B - which shall contain the names, addresses and other particulars of
Graduate Engineers;
(c) [Deleted]
(d) Part D - which shall contain the names, addresses and other particulars of
Engineering consultancy practices;
(e) Part E - which shall contain the names, addresses and other particulars of
Accredited Checkers.
(f) Part F - which shall contain the names, addresses and other particulars of
Professional Engineers with Practising Certificates.
(g) Part G - which shall contain the names, addresses and other particulars of
Engineering Technologists.
(h) Part H - which shall contain the names, addresses and other particulars of
Inspector of Works.
 “Registered Engineer"
• Means a Graduate Engineer, Professional
Engineer, Professional Engineer with
Practising Certificate or Accredited
Checker.

• Registered with the Board under Subsections

10(1) or 10(2), and Sections 10B or 10D
respectively.
 “Graduate Engineer" means a person
registered under subsection 10(1)

• 10(1) (a) Subject to this Act, a person who holds –

– (i) the qualifications required for Graduate Membership of the
Institution of Engineers (Malaysia) and which are recognised by
the Board; or
– (ii) any qualification in engineering which is recognised by the
Board,
shall be entitled on application to be registered as a
Graduate Engineer.
(b) Subject to this Act, a person who is registered as a Graduate
Engineer under paragraph (a) shall be required to obtain such
practical experience as may be prescribed by the Board in order
to be entitled to apply for registration as a Professional Engineer
under subsection 10(2).
 "Professional Engineer" means an Engineer
registered under subsection 10(2)

• 10(2) Subject to this Act, the following persons shall be

entitled on application to be registered as Professional
Engineers:
(i) any person who -
(a) is registered as a Graduate Engineer and has obtained the
practical experience as prescribed under paragraph 10(1)(b);
(b) has passed a professional assessment examination conducted
by the Board, or is a Corporate Member of the Institution of
Engineers (Malaysia); and
(c) has complied with all the requirements of the Board;
 "Accredited Checker" means a person
registered under Section 10B

• 10B (1) The Board may register a person as an

Accredited Checker if –
(a) he is a Professional Engineer registered in the relevant branch
of engineering approved by the Board,
(b) he has at least 10 years relevant practical experience in the
design and construction of buildings as defined in the Street,
Drainage and Building Act 1974 [Act 133]; and
(c) he satisfies the Board that by virtue of his ability, standing in the
profession, special knowledge or practical experience, he is
qualified to be registered under this Act.
 "Engineering Consultancy
Practice"
• Means a sole proprietorship, partnership
or body corporate, providing professional
engineering services.

• Registered with the Board under Sections 7A or

7B (including architectural consultancy and/or
quantity surveying services).
 “Professional Engineering
Services"
• Means engineering services and advice in
connection with any feasibility study,
planning, survey, design, construction,
commissioning, operation, maintenance
and management of engineering works or
projects.
• And includes any other engineering services
approved by the Board.
Restriction on unregistered persons, Graduate
Engineers, etc.

• Section 7(1), 7(1A), 7(2).

• No person is allowed to provide professional
engineering services unless he is a
registered.
• Only Professional engineer may use “Ir”
before his name or “PEng” after his name.
• Engineering graduates are required to
register as Graduate Engineer before taking
up employment as an engineer.
 Only Professional Engineer and Engineering
consultancy practice may submit plans,
drawings

• 8. (1) Except as otherwise provided under any

other written law, no person or body, other than
a Professional Engineer who is residing and
practising in Malaysia or an Engineering
consultancy practice providing professional
engineering services in Malaysia, shall be
entitled to submit plans, engineering surveys,
drawings, schemes, proposals, reports, designs
or studies to any person or authority in Malaysia.
 Qualification for Registration
(Graduate Engineer)

• 10. (a) Subject to this Act, a person who holds

– Graduate membership of IEM
– BEM recognised qualification
shall be entitled on application to be registered
as Graduate Engineer.
 Notification of change of address

• 14. Every registered person and Engineering

Consultancy Practice shall notify the Registrar of
any change in his or its business address within
three months of the change.
 Restriction on employment of unregistered
person to provide professional engineering
services

• Section 24A.
• (1) No person shall employ a person, sole
proprietorship, partnership or body corporate,
other than a Professional Engineer with
Practising Certificate or an Engineering
consultancy practice, to perform professional
engineering services.
 REGISTRATION OF ENGINEERS ACT 1967
(Revised 2015)

• Section 26. The Board may with the approval of the

Minister make regulations to prescribe anything which
may be prescribed or is required to be prescribed under
this Act or to enable it to perform any of its functions or to
exercise any of its powers set out in this Act.
• IN exercise of the powers conferred by section 26 of the
Registration Of Engineers Act 1967 (Act 138), the Board,
with the approval of the Minister, makes the following
regulations:

REGISTRATION OF ENGINEERS REGULATIONS 1990

(Revised 2015)
 LECTURE 2:
REGISTRATION OF ENGINEERS
REGULATIONS 1990
(Revised – 2015)

From Section 26 (Regulations), REA

1967
REGISTRATION OF ENGINEERS REGULATIONS 1990
(Revised 2015)

• Contains 7 parts
• PART IV - CODE OF CONDUCT
– Has 11 regulations (2 has been repealed)
– Regulations 23 – 33
 CODE OF CONDUCT
REGISTRATION OF ENGINEERS REGULATIONS 1990

• 23. Conduct of Registered Engineer.

– Every registered Engineer shall at all times uphold the dignity,
high standing and reputation of his profession.
• 24. Responsibility to employer, clients or profession.
– A registered Engineer in his responsibility to his employer, client
or the profession shall have full regard to the public interest.
• 25. Discharge of duties.
– (a) A registered Engineer shall discharge his duties to his
employer or client as the case may be with complete fidelity.
– (b) Except with the permission of his employer, a registered
Engineer shall not accept any remuneration for services
rendered other than from his employer.
 CODE OF CONDUCT
REGISTRATION OF ENGINEERS REGULATIONS 1990

• 26. Reputation etc. of a Registered Engineer not to be

injured.
– A registered Engineer shall not maliciously injure or attempt to
maliciously injure whether directly or indirectly, the professional
reputation, prospects or business of another registered Engineer.
 CODE OF CONDUCT
REGISTRATION OF ENGINEERS REGULATIONS 1990

• 27. Canvassing and advertising prohibited.

– A registered Engineer shall not :
• (a) canvass or solicit professional employment.
• (b) offer to make by way of commission or any other payment
for the introduction of his professional employment.
• (c) except as permitted by the Board, advertise in any
manner or form in connection with his profession; or
• (d) provide professional engineering services to any person,
unless the scope of such services are clearly defined in a
written agreement between both parties.
• (e) offer, give, solicit or receive, either directly or indirectly,
any contribution which may be reasonably construed as
having an effect of intent to influence the award of contract.
 CODE OF CONDUCT
REGISTRATION OF ENGINEERS REGULATIONS 1990

• 28. REPEALED
• 29. Restrictions on making payments or placing
contracts.
– A registered Engineer in an Engineering consultancy practice
shall not be a medium of payment made on his client's behalf
unless he is so requested by his client nor shall he, in connection
with work on which he is employed, place contracts or orders
except with the authority of and on behalf of his client.
• 30. REPEALED
 CODE OF CONDUCT
REGISTRATION OF ENGINEERS REGULATIONS 1990

• 31. A registered Engineer not to intervene or to take over

the work of another.
– A registered Engineer shall not directly or indirectly :
• (a) supplant or attempt to supplant another registered Engineer;
• (b) intervene or attempt to intervene in or in connection with engineering
work of any kind which to his knowledge has already been entrusted to
another registered Engineer; or
• (c) take over any work of that other registered Engineer acting for the same
client unless he has :
– (i) obtained the consent of that other registered Engineer; or
– (ii) been formally notified by the client that the services of that other
registered Engineer have been terminated in accordance with the
provisions of any contract for professional engineering services entered
into between that other registered Engineer and the client, provided
always that in the case of dispute over non-payment of fees or quantum
of any outstanding fees under the contract, the client may request the
Board to be the stakeholder.
 CODE OF CONDUCT
REGISTRATION OF ENGINEERS REGULATIONS 1990

• 32. Restrictions on being a director, member or

shareholder of contracting and manufacturing company,
etc.
– (1) Except with the prior approval of the Board, a registered
Engineer in an Engineering Consultancy Practice shall not be a
director or executive of or substantial shareholder in or agent for
any contracting or manufacturing company or firm or business
related to building or engineering.
– (2) If such approval is given, such registered Engineer shall not
undertake any contract work wherein he is engaged to provide
professional engineering services in such project unless it is in
respect of a "design and build" project.
 CODE OF CONDUCT
REGISTRATION OF ENGINEERS REGULATIONS 1990

• 33. Disclosure of interest.

– Every registered Engineer while acting in his professional
capacity shall disclose in writing to his client of the fact if he is a
director or member of or substantial shareholder in or agent for
any contracting or manufacturing company or firm or business or
has any financial interest in any such company or firm or
business, with which he deals on behalf of his client.

Part IV – Code of Conduct

 LECTURE 3:
CODE OF CONDUCT
OF REGISTERED PERSON

This Code of Conduct is in addition to Part IV, Code of

Conduct of the Registration of Engineers
Regulations 1990.
 BEM GUIDELINES FOR
CODE OF CONDUCT OF REGISTERED PERSON

Five (5) Main SECTIONS for this CODE

1. Professional Engineer with Practicing Certificate (PEPC)

2. Professional Engineer (PE)
3. Graduate Engineer (Grad.Eng.)
4. Engineering Technologist (Eng.Tech.)
5. Inspector of Works

We are interested in Sections 2 & 3. We take section 3

as an example (3 sub-sections)
 Sub-Section 3.1
• 3.1 Registered Graduate Engineer not
to falsify qualification, etc.
• (9 sub-sub-sections).
 Sub-Section 3.2
• 3.2 Registered Graduate Engineer to
certify work only if he/she has
supervised, witnessed or inspected
such work, etc.
• (6 sub-sub-sections).
 Sub-Section 3.3
• 3.3 Registered Graduate Engineer not
to accept benefit from more than one
party, etc.
• (4 sub-sub-sections).
Thank You