Valuers, Appraisers and Estate Agents
1
LAWS OF MALAYSIA
REPRINT
Act 242
VALUERS, APPRAISERS AND
ESTATE AGENTS ACT 1981
Incorporating all amendments up to 1 January 2006
PUBLISHED BY
THE COMMISSIONER OF LAW REVISION, MALAYSIA
UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968
IN COLLABORATION WITH
PERCETAKAN NASIONAL MALAYSIA BHD
2006
2
VALUERS, APPRAISERS AND ESTATE
AGENTS ACT 1981
Date of Royal Assent
... ... ... ... ...
4 February 1981
Date of publication in the Gazette ... ...
5 February 1981
PREVIOUS REPRINT
First Reprint
...
...
...
...
...
2001
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LAWS OF MALAYSIA
Act 242
VALUERS, APPRAISERS AND ESTATE
AGENTS ACT 1981
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
Section
1.
Short title and application
2.
Interpretation
PART II
APPOINTMENT, DUTIES AND POWERS OF
DIRECTOR GENERAL OF VALUATION AND
PROPERTY SERVICES AND OTHER OFFICERS
3.
Director General and other officers
4.
Functions and duties of Director General
5.
Access to lands, buildings, etc.
6.
Submission of relevant information
7.
Power of delegation
8.
Minister may make rules
PART III
BOARD OF VALUERS, APPRAISERS AND
ESTATE AGENTS
9.
Board of Valuers, Appraisers and Estate Agents
10.
Functions of the Board
11.
Examiners and other staff
12.
Fund of the Board
13.
Auditing of accounts
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PART IV
REGISTERS
Section
14.
Registers
15.
Registrar
15A. Application for authority to practise
16.
Authority to practise
PART V
VALUERS AND APPRAISERS
17.
Registration of valuers and appraisers
18.
Qualifications for registration of valuers and probationary valuers
19.
Valuation practice
20.
Restriction on registered appraisers
21.
Restrictions on valuation practice
22.
Special authority
PART VA
ESTATE AGENTS
22A. Registration of estate agents
22B. Estate agency practice
22C. Restrictions on estate agency practice
22D. Qualifications for registration of estate agents and probationary estate
agents
PART VI
FIRMS
23.
Practice by firms
PART VII
DISCIPLINARY AND OTHER PROCEEDINGS
24.
Cancellation, suspension and admonishment
25.
Removal from Register
Valuers, Appraisers and Estate Agents
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Section
26.
Reinstatement
27.
Appeal
28.
Appeal Board
29.
Procedure for appeal
PART VIII
GENERAL
30.
Offences
30A. Search by warrant
30B. Search and seizure without warrant
30C. List of things seized
31.
Penalty for other offences
31A. Immunity of Board
32.
Board may make rules
33.
Saving as to right of Government
34.
Consequential amendments to the Registration of Surveyors Act 1967
35.
Repeal
FIRST SCHEDULE
SECOND SCHEDULE
THIRD SCHEDULE
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Valuers, Appraisers and Estate Agents
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LAWS OF MALAYSIA
Act 242
VALUERS, APPRAISERS AND ESTATE
AGENTS ACT 1981
An Act to provide for the appointment of a Director General of
Valuation and Property Services and for the registration of valuers,
appraisers and estate agents and for matters connected therewith.
[6 February 1981]
BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan
Agong with the advice and consent of the Dewan Negara and
Dewan Rakyat in Parliament assembled, and by the authority of
the same, as follows:
PART I
PRELIMINARY
Short title and application
1.  This Act may be cited as the Valuers, Appraisers and Estate
Agents Act 1981 and shall apply throughout Malaysia.
Interpretation
2.
In this Act, unless the context otherwise requires--
"Appeal Board" means the Appeal Board established under section
28;
"authority to practise" means an authority to practise in the
prescribed form issued by the Registrar under section 16;
"Board" means the Board of Valuers, Appraisers and Estate
Agents established under section 9;
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"Director General" means the Director General of Valuation and
Property Services appointed under subsection 3(1);
"estate agency practice" means acting or holding oneself out to
the public as ready to act, for a commission, fee, reward or other
consideration, as an agent in respect of the sale or other disposal
of land and buildings and of any interest therein or the purchase
or other acquisition of land and buildings and of any interest
therein or in respect of the leasing or letting of land and buildings
and of any interest therein;
" f i r m " means a body corporate, a partnership or a sole
proprietorship;
"Fund" means the Fund of the Board of Valuers, Appraisers and
Estate Agents established under subsection 12(1);
"member" means a member of the Board;
"Minister" means the Minister for the time being charged with
the responsibility for finance;
"prescribed" means prescribed by rules made by the Minister or
by guidelines, circulars or directives issued by the Board;
"probationary estate agent" means a person who is registered
under this Act as a probationary estate agent and whose name has
been placed in the Register of Probationary Valuers/Probationary
Estate Agents;
"probationary valuer" means a person who is registered under
this Act as a probationary valuer and whose name has been placed
in the Register of Probationary Valuers/Probationary Estate Agents;
" p r o p e r t y - b a s e d business" includes a hotel, motel, hostel,
plantation, quarry, marina, port, golf course, cinema, stadium,
sports complex and hospital;
"property management" means the management and control of
any land, building and any interest therein, excluding the management
of property-based businesses, on behalf of the owner for a fee and
includes but is not limited to the following responsibilities:
(a) monitoring outgoings for the property and making payments
out of the income from the property;
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(b) preparing budgets and maintaining the financial records
for the property;
(c) enforcing the terms of leases and other agreements
pertaining to the property;
(d) advising on sale and purchase decisions;
(e) advising on insurance matters;
(f) advising on the opportunities for the realization of
development or investment potential of the property; and
(g) advising on the necessity for upgrading the property or
for the merging of interests;
"property manager" means a person, a firm or a company who,
on behalf of the owner of any land, building and any interest
therein, manages and controls such land, building and interest to
maintain or increase the investment in, or physical worth of, such
property;
"Register" means the Register of Valuers, Appraisers and Estate
Agents kept under paragraph 14(1)(a);
"Register of Firms" means the Register of Firms kept under
paragraph 14(1)(c);
"Register of Probationary Valuers/Probationary Estate Agents"
means the Register of Probationary Valuers/Probationary Estate
Agents kept under paragraph 14(1)(b);
"registered appraiser" means a person whose name has been
entered under Part II of the Register and to whom an authority to
practise has been issued by the Board under section 16;
"registered estate agent" means a person whose name has been
entered under Part III of the Register and to whom an authority
to practise has been issued by the Board under section 16;
"registered valuer" means a person whose name has been entered
under Part I of the Register and to whom an authority to practise
has been issued by the Board under section 16;
"Registrar" means the Registrar of Valuers, Appraisers and Estate
Agents appointed under section 15.
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PART II
APPOINTMENT, DUTIES AND POWERS OF
DIRECTOR GENERAL OF VALUATION AND
PROPERTY SERVICES AND OTHER OFFICERS
Director General and other officers
3. (1) There shall be appointed within the Ministry of Finance an
officer to be styled as the Director General of Valuation and
Property Services and such number of Deputy Directors General,
Directors and officers as may be required for the administration
of this Act.
(2) After a date fixed by order of the Minister published in the
Gazette no person shall be appointed to the office of Director
General, Deputy Director General or Director unless he is a
registered valuer.
Functions and duties of Director General
4. (1) The functions of the Director General shall be--
(a) to carry out the duties conferred on him by this Act;
(b) to collect and collate--
(i) such information as the Director General thinks
necessary to assist officers and valuers in the making
of valuation; and
(ii) such information as the Director General thinks
necessary on all or any property-related matters;
(ba) to publish information collected and collated under
paragraph (b), except where such information has been
c l a s s i f i e d as confidential by, or on behalf of, the
Government or any State Government;
(bb) to provide information and advice to the Government and
any State Government or any person on property-related
matters;
(bc) to provide education services, training services, research
services and other services that are related to the functions
of the Director General under this Act to the Government
and any State Government or any person; and
Valuers, Appraisers and Estate Agents
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(c) generally to investigate and report to the Minister on any
matter he considers likely to improve the standards of
valuation, estate agency and other property services in
Malaysia.
(2) The Director General shall carry out all or any of the following
functions for the Government or for any State Government and
may carry out such functions for any local authority, statutory
body or body corporate in which the Government or the State
Government has an interest and further may carry out such functions
for any other person as the Minister may determine:
(a) do the valuation of all lands and buildings including
furniture, fixtures, trade stocks, plant or machinery and
other effects;
(b) do the valuation of lands and buildings required for
feasibility studies, court proceedings, arbitration or other
purposes;
(c) act as estate agent including negotiating for sales, purchases,
rentals and lettings by agreement, auction or tender; and
(d) do property management, project management and the
making or checking of inventories of furniture, fixtures,
trade stocks, plant or machinery and other effects.
(3) With regard to paragraphs (1)(b) and (bb), the Director
General may, except where such information has been classified
as confidential by or on behalf of the Government or any State
Government, in his discretion supply any person or class of persons
with any information collected or collated by him upon payment
of such fees or charges as may be prescribed by the Minister.
(3A) The information that may be supplied under subsection (3)
may include--
(a) the details of any sale or transfer of land, buildings and
any interest therein;
(b) information on the status of supply and demand of property;
(c) information on the availability of financing for the
purchasing or development of property;
(d) information on movements in the price and rental of
property;
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(e) information on property development (including
development costs), property investment and property
management in all or any of the sectors of the property
market; and
(f) information necessary for the development of property
market indices and cost indices.
(4) With regard to the services mentioned in subsection (2), the
Director General may, except where the service is rendered to the
Government, charge such fees as may be prescribed by the Minister.
(5) The fees and charges prescribed under this section may be
reduced, waived or refunded as the Minister thinks fit.
Access to lands, buildings, etc.
5. (1) The Director General or any officer authorized by him
may--
(a) when reasonably necessary for the purposes of carrying
out the Director General's functions under this Act, enter
at all reasonable hours into and upon any land, building
or premises, and inspect the same without liability for
trespass;
(b) put either verbally or in writing to the owner or his agent
or the person in occupation or charge of that land, building
or premises any relevant questions to enable him to perform
his functions under this Act professionally; and
(c) inspect any books, documents and papers in the charge
of any person, including a public officer, for the purpose
of carrying out his functions under this Act and without
charge take extracts therefrom.
(2) If after being informed of the purpose in desiring to enter
and inspect the land, building or premises, or in putting the questions
or in seeking to inspect such books, documents or papers relevant
to the performance of his functions under this Act, the agent or
person refuses or fails to allow such entry or inspection, or refuses
or wilfully omits to answer to the best of his knowledge or belief
any such question either verbally or in writing as the questioner
may have requested, or wilfully makes any false statement in reply
to that question, or refuses to allow such books, documents or
Valuers, Appraisers and Estate Agents
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papers to be inspected or extracts taken therefrom, he commits an
offence and is liable on conviction to a fine not exceeding *ten
thousand ringgit or to a term of imprisonment not exceeding three
months or to both.
Submission of relevant information
6. (1) The Director General may require the submission to him
by any person of any relevant information necessary for the carrying
out of his functions under this Act on a form within a stated period,
such form and period to be prescribed by the Minister.
(2) The information required under subsection (1) shall include--
(a) details of sales, purchases, results of auctions and tenders,
lettings and leases; and
(b) such other information as the Director General thinks
necessary for the carrying out of his functions under this
Act.
(3) If after being informed of the purpose in requiring the
information and of the authority so to do, any person refuses to
submit the required information within the prescribed period or
wilfully supplies any false information, that person commits an
offence and is liable on conviction to a fine not exceeding ten
thousand ringgit or to a term of imprisonment not exceeding three
months or to both.
Power of delegation
7. (1) For the purposes of carrying out the objects and purposes
of this Act and exercising his powers, duties and functions, the
Director General may, with the approval of the Minister, delegate
to any officer under his administrative control any of his powers,
duties and functions under this Act.
(2) Any such delegation may be made in respect of any particular
matter or any class of matters or generally or may be limited to
any part of Malaysia and may be made subject to such terms and
conditions as the Director General thinks fit.
(3) Any delegation under this section shall be revocable at will
and shall not prevent the exercise or performance of any powers,
duties or functions by the Director General.
*NOTE--Previously "five thousand ringgit"--see valuers, Appraisers and Estate Asents (Amendment)
Act 1997 [Act A980].
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Minister may make rules
8.  The Minister may make rules as may be necessary for the
better carrying out or giving effect to the provisions of this Part.
PART III
BOARD OF VALUERS, APPRAISERS AND
ESTATE AGENTS
Board of Valuers, Appraisers and Estate Agents
9. (1) There shall be established a board to be called the Board
of Valuers, Appraisers and Estate Agents which shall be a body
corporate with perpetual succession and a common seal and which
may sue and be sued.
(2) The Board shall consist of the following members to be
appointed by the Minister:
(a) the Director General who shall be the President of the
Board;
(b) six registered valuers from the public service;
(c) four registered valuers who have had at least six years'
professional experience as valuers and have been nominated
by the Institution of Surveyors (Malaysia) or other
professional body that the Board may from time to time
recognize to represent valuers;
(cc) three registered estate agents with at least six years
experience as estate agents; and
(d) three registered valuers nominated by the President of
the Board.
(3) The persons referred to in paragraphs (2)(c), (cc) and (d)
shall be citizens and practising their profession in Malaysia.
(4) If the body referred to in paragraph (2)(c) fails to submit
the panel of valuers within three months after being so requested
in writing by the Minister or there is no professional body representing
valuers, the Minister may make the appointments referred to in
that paragraph on the advice of the Director General.
Valuers, Appraisers and Estate Agents
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(5) In the case of the first appointees to the Board such appointees
shall within six months of the Board being first established be
registered under the relevant provisions of this Act as registered
valuers.
(5A) In the case of the first appointees to the Board referred to
in paragraph (2)(cc) such appointees shall within six months of
their appointment be registered under the relevant provisions of
this Act as registered estate agents.
(6) The members of the Board appointed under paragraphs (2)(b),
(c), (cc) and (d) shall hold office for three years or for such shorter
period as the Minister may specify and shall be eligible for re-
appointment.
(7) If any member of the Board dies or resigns or has his
appointment revoked, a new member shall as soon as practicable
be appointed in his place and the member so appointed shall hold
office for the remainder of the term for which his predecessor was
appointed.
(8) The First Schedule shall have effect with respect to the
Board.
Functions of the Board
10.
The functions of the Board shall be--
(a) to keep and maintain a Register of Valuers, Appraisers
and Estate Agents, a Register of Probationary Valuers/
Probationary Estate Agents and a Register of Firms;
(b) to approve or reject applications for registration under
this Act or to approve any such application subject to
such conditions and restrictions as it may deem fit to
impose;
(c) to hold disciplinary proceedings in accordance with
Part VII;
(d) to hold or cause to be held examinations of persons who
desire to qualify themselves for registration under this
Act;
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(e) to prescribe from time to time with the approval of the
Minister the fees payable under this Act including the
scales of fees to be charged by registered valuers or
appraisers or estate agents for professional advice or
services rendered;
(f) to hear and determine disputes relating to the professional
conduct or ethics of valuers, appraisers and estate agents
or to appoint a committee or arbitrator to hear and determine
such disputes;
(g) to determine and regulate the professional conduct and
ethics of valuers, appraisers and estate agents and to set
standards of professional practice;
(h) to award scholarships to persons who undertake professional
courses in valuation or estate agency or any related
discipline and to award grants or donations for the
promotion of the profession;
(ha) to appoint members of the Board to sit on any board,
committee or body formed for any purpose relating to the
profession or to any related profession;
(hb) to borrow or in any manner raise money for the purchase
or lease of any immovable property required by the Board
and to dispose of or deal with such property as the Board
deems fit; and
(i) generally, to do all such acts, matters and things as are
necessary to carry out the provisions of Part III to
Part VIII.
Examiners and other staff
11. (1) The Board may appoint examiners and such other officers
and employees as it considers necessary for the discharge of its
functions.
(2) The examiners and other officers and employees shall hold
office for such period, receive such salaries and allowances, and
be subject to such other terms and conditions of service as may
be determined by the Board.
Valuers, Appraisers and Estate Agents
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Fund of the Board
12. (1) All fees, fines and costs payable under this Act and all
other moneys due to the Board under the provisions of this Act
and such other sums as may be paid to the Board shall be credited
to the Fund of the Board of Valuers, Appraisers and Estate Agents.
(2) The Fund may be applied for--
(a) the payment of the salaries, remuneration and allowances
of the staff employed by the Board;
(b) the payment for professional and other services required
by and rendered to the Board;
(c) the payment for office equipment, stationery, furniture
and other things required by the Board;
(d) the payment to members of the Board or Appeal Board
of fees and reasonable travelling and subsistence allowances
for attendance at meetings of the Board or Appeal Board
as may from time to time be approved by the Minister;
(e) the payment of the expenses of registration and other
expenses of administration, the expenses of any research,
investigation, study, conference or seminar conducted by
the Board and the expenses for the printing or publication
of forms, journals, brochures, pamphlets, advertisements
and other documents connected with the Board's functions
or duties;
(f) the payment of rents, fees, dues, rates, premiums,
compensations and other moneys that the Board may be
required to pay;
(g) the payment of moneys towards awards, grants and
donations made by the Board;
(h) the purchase or lease of any immovable property required
by the Board; and
(i) the carrying out of all other functions of the Board.
( 3 ) M o n e y s not immediately required may be invested in
any immovable property or in any investments specified under
section 4 of the Trustee Act 1949 [Act 208] as the Board may
determine.
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Auditing of accounts
13.  The accounts of the Board shall be audited not less than once
in a year by an auditor appointed by the Board.
PART IV
REGISTERS
Registers
14. (1) The Board shall keep and maintain--
(a) a Register of Valuers, Appraisers and Estate Agents which
shall be in three Parts:
(i) Part I which shall contain the names, business
addresses, qualifications and other particulars of
registered valuers;
(ii) Part II which shall contain the names, business
addresses, qualifications and other particulars of
registered appraisers; and
(iii) Part III which shall contain the names, business
addresses, qualifications and other particulars of
registered estate agents;
(b) a Register of Probationary Valuers/Probationary Estate
Agents which shall contain the names, business addresses,
qualifications and other particulars of probationary valuers
and probationary estate agents; and
(c) a Register of Firms which shall be in three Parts:
(i) Part I which shall contain the names, addresses and
other particulars of firms carrying on practice as
valuers;
(ii) Part II which shall contain the names, addresses
and other particulars of firms carrying on practice
as appraisers; and
(iii) Part III which shall contain the names, addresses
and other particulars of firms carrying on practice
as estate agents.
(1A) (Deleted by Act A980).
Valuers, Appraisers and Estate Agents
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(2) The Registers shall be kept and maintained at the office of
the Board and shall be open to inspection by any person on payment
of a fee prescribed by the Board.
(3) No amendment or alteration shall be made in the Registers
without the matter having been decided upon at a meeting of the
Board and the decision recorded in the minutes of such meeting
and all amendments or alterations in the Registers shall be initialled
by the Registrar.
(4) In the event of an order or decision cancelling, suspending
or reinstating, or of any other order or decision affecting, the
registration of any valuer, appraiser or estate agent or of any
probationary valuer or probationary estate agent or of any firm
under the provisions of this Act, the Board shall cause an entry
to be made in the appropriate Register.
(5) Every person whose name appears on the Register of Estate
Agents under the deleted subsection (1A) before the coming into
force of such deletion shall be deemed to be transferred to
Part III of the Register.
Registrar
15. (1) The Board, with the approval of the Minister, shall appoint
a Registrar of Valuers, Appraisers and Estate Agents on such
terms and conditions of service as it deems fit.
(2) The Registrar shall be under the general direction of the
Board and shall sign all authorities to practise and record all
entries required to be entered in the Registers.
Application for authority to practise
15A.  A registered valuer, appraiser or estate agent shall apply to
the Board for an authority to practise where he intends to practise
as a registered valuer or appraiser under section 19 or as a
registered estate agent under section 22B.
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Authority to practise
16. (1) The Registrar shall, upon receipt of a fee prescribed by
the Board with the approval of the Minister, issue to every applicant,
whose application has been approved, an authority to practise in
the form prescribed by the Board.
(2) The authority to practise shall, subject to the provisions of
this Act, expire on the 31st of December of the year in which it
is issued and shall thereafter be renewable annually upon payment
of the prescribed fee and upon the applicant satisfying and complying
with such conditions as may be prescribed by the Minister.
(3) A certificate of registration issued under the *Registration
of Surveyors Act 1967 [Act 67 of 1967] which before the coming
i n t o force of this Act was issued to a registered Surveyor
(General Practice) shall, subject to subsection 17(2), be replaced
by the Board with an authority to practise without payment of the
prescribed fee.
(4) An authority to practise which has been issued with errors
or omissions may be recalled by the Registrar and a fresh one
issued without charge.
(5) A duplicate authority to practise may be issued by the Board
on application being made by a registered valuer, appraiser or
estate agent and on payment of a fee prescribed by the Board and
such application shall be accompanied by a statement setting out
the reasons for the application.
(6) A duplicate authority to practise shall be clearly marked
"Duplicate" and shall contain all particulars shown on the original
copy.
(7) A registered valuer, appraiser or estate agent--
(a) who is an employee, shall, within one month of any
change of employment, notify the Board in writing of the
name, business address and other particulars of his former
as well as his new employer;
(b) who is not an employee, shall, within one month of any
c h a n g e in the name, business address, partnership,
shareholding or directorship of his practice or any change
*NOTE--This Act has since been revised as the Quantity Surveyors Act 1967 [Act 487].
Valuers, Appraisers and Estate Agents
21
in the registered valuers, appraisers or estate agents
practising under his employment or under the employment
of his firm, notify the Board in writing of the change.
and such change shall be entered in the appropriate Register.
(7A) For the purposes of paragraph (7)(b), a notice given by a
partner, shareholder or director of the person concerned shall be
deemed to be sufficient compliance with that paragraph.
(7B) Paragraph (7)(a) shall also apply to all probationary valuers
and probationary estate agents and any changes shall be entered
in the Register of Probationary Valuers/Probationary Estate Agents
accordingly.
(8) The Registrar may annually publish and offer for sale copies
of the Registers.
PART V
VALUERS AND APPRAISERS
Registration of valuers and appraisers
17. (1) Subject to the provisions of this Act every person shall
be entitled to have his name entered under Part I or II, as the case
may be, of the Register upon making application to the Board and
proving to its satisfaction that--
(a) he has attained the age of 21 years and is of sound mind,
good character and has not been convicted of any offence
involving fraud or dishonesty or moral turpitude during
the five years immediately preceding the date of his
application;
(aa) he is not an undischarged bankrupt;
(b) he satisfies the requirements of section 18;
(c) he has made a declaration in the form and manner prescribed
by the Board;
(d) he has paid the fees prescribed by the Board; and
(e) he is not under suspension from valuation or estate agency
practice nor has his name been cancelled from the Register.
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(1A) Notwithstanding paragraph (1)(e), a person who is disqualified
from estate agency practice may, if the Board considers him fit to
practise valuation, have his name entered under Part I of the
Register as a valuer.
(2) Any registered Surveyor (General Practice) who, immediately
before the coming into force of this Act, had his name registered
under the *Registration of Surveyors Act 1967 shall have, upon
the coming into force of this Act, his name transferred to Part I
of the Register without payment of any fee:
Provided that for one year after the coming into force of this
Act such person shall continue to practise under the provisions of
the *Registration of Surveyors Act 1967.
(3) Any person who applies within twelve months from the date
of the coming into force of this Act for registration under Part II
of the Register shall be entitled to have his name so registered if
he--
(a) immediately before the date of the coming into force of
this Act had been a licensed appraiser under any of the
various laws relating to the licensing of appraisers in
Malaysia and that generally his business as a licensed
appraiser had been his principal calling apart from his
business as an estate agent, and that he had served his
clients generally to their satisfaction; and
(b) satisfies or complies with paragraphs(1) (a), (c), (d) and
(e).
(4) In order to be satisfied of any of the matters mentioned in
subsections (1) and (3) the Board may call upon the applicant to
submit to it such documents as it considers relevant.
Qualifications for registration of valuers and probationary valuers
18. (1) Subject to the provisions of this Act, no person shall
be entitled to have his name entered under Part I of the Register
unless he has been registered as a probationary valuer under this
Act.
*NOTE--This Act has since been revised as the Quantity Surveyors Act 1967 [Act 487].
Valuers, Appraisers and Estate Agents
23
(2) Any person who has passed the examinations prescribed by
the Board or who has obtained qualifications which the Board
recognizes as equivalent to such examinations may apply to the
Board to be registered as a probationary valuer.
(3) A probationary valuer shall be required to obtain the practical
experience and to pass the Test of Professional Competence prescribed
by the Board or any equivalent test or examination recognized by
the Board.
( 4 ) W h e r e a probationary valuer has complied with the
requirements of subsection (3), he may apply to the Board to have
his name entered in the Register.
(5) Notwithstanding subsections (1), (2) and (3), a person who
is a graduate member of the Property Consultancy and Valuation
Surveying Section of the Institution of Surveyors (Malaysia) who
has complied with the requirements of subsection (3) may apply
to the Board to have his name entered in the Register.
(6) A person who is not a citizen or permanent resident of
Malaysia shall not qualify for registration as a valuer or as a
probationary valuer unless he is or has been a registered valuer or
appraiser before the coming into force of this section.
Valuation practice
19.  Subject to the provisions of this Act a registered valuer or
appraiser who has been issued with an authority to practise by the
Board shall be entitled to practise his profession and shall be
authorised to undertake--
(a) valuation of all lands and buildings including furniture,
fixtures, trade stocks, plant or machinery and other effects;
(b) valuation of lands and buildings required for feasibility
studies, project management, court proceedings, arbitration
or other purposes; and
(c) property management and the making or checking of
inventories of furniture, fixtures, trade stocks, plant or
machinery and other effects.
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Restriction on registered appraisers
20. (1) A registered appraiser is authorized to undertake work
subject to a total capital value and upon terms and conditions
fixed by the Board from time to time with the approval of the
Minister.
(2) The total capital value is deemed to be the total amount
undertaken under one specific instruction.
(3) The Board may restrict the practice of the registered appraiser
to a particular State or States.
Restrictions on valuation practice
2 1 . ( 1 ) N o person shall unless he is a registered valuer or
appraiser and has been issued with an authority to practise under
section 16--
(a) practise or carry on business or take up employment
under any name, style or title containing the words "Valuer",
"Appraiser", "Land Economist", "Property Consultant",
"Property Manager" or the equivalent thereto in any
language or bearing any other word whatsoever in any
language which may reasonably be construed to imply
that he is a registered valuer or appraiser;
(aa) act as a property manager;
(ab) carry on business or take up employment as a valuer or
an appraiser;
(b) display any signboard, or use, distribute or circulate any
card, letter, pamphlet, leaflet, notice or any form of
advertisement, implying either directly or indirectly that
he is a registered valuer or appraiser;
(c) undertake for a fee or other consideration any of the
work enumerated in section 19; or
(d) be entitled to recover in any court any fee, charge or
remuneration for any professional advice or services
rendered as a valuer or appraiser.
Valuers, Appraisers and Estate Agents
25
(2) Paragraph (1)(aa) shall not apply to--
(a) the owner of any land, building and any interest therein
who manages such land, building and interest; or
(b) any registered estate agent duly authorized by the Board
to carry out property management.
(3) For the purpose of paragraph (2)(a), "owner of any land,
building and any interest therein" means--
(a) the registered owner;
(b) the beneficiary of any estate or trust of a deceased person;
and
(c) a lessee whose interest is registered under the National
Land Code [Act 56 of 1965],
but shall not include a shareholder in the company owning such
land, building and any interest therein unless such land, building
and interest is wholly owned by the company and such person is
the sole shareholder thereof.
Special authority
22. (1) Subject to subsection (2) and such policy as the Board
may from time to time adopt, the President may from time to time
with the approval of the Board, upon payment of the fees prescribed
by the Board and on such conditions or with such restrictions as
he thinks fit to impose, in writing authorize any person who is not
a registered valuer to do any act or thing that the person would,
but for the authorization, be prohibited or not be entitled to do and
may at any time, without assigning any reason therefor, withdraw
the authorization by notice served on the person.
(2) No person shall be authorized under this section to do any
such act or thing for more than a total period of one hundred and
eighty days in any one calendar year.
(3) A person who does any such act or thing under and in
accordance with an authorization under subsection (1) shall,
notwithstanding any provision of this Act to the contrary, be deemed
to be permitted to do that act or thing as if he were a registered
valuer.
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PART VA
ESTATE AGENTS
Registration of estate agents
22A. (1) Subject to the provisions of this Act every person shall
be entitled to have his name entered under Part III of the Register
upon making application to the Board and proving to its satisfaction
that--
(a) he has attained the age of 21 years and is of sound mind,
good character and has not been convicted of any offence
involving fraud or dishonesty or moral turpitude during
the five years immediately preceding the date of his
application;
(b) he is not an undischarged bankrupt;
(c) he satisfies the requirements of section 22D;
(d) he has made a declaration in the form and manner prescribed
by the Board;
(e) he has paid the fees prescribed by the Board; and
(f) he is not under suspension from valuation or estate agency
practice nor has his name been cancelled from the Register.
(1A) Notwithstanding paragraph (1)(f), a person who is disqualified
from valuation practice may, if the Board considers him fit to
practise estate agency, have his name entered under Part III of the
Register as an estate agent.
(2) Any person who applies within twelve months from the date
of the coming into force of this Part for registration under the
Register of Estate Agents shall be entitled to have his name so
registered if he proves to the satisfaction of this Board that--
(a) immediately before the date of the coming into force of
this Part--
(i) he had been engaged in estate agency practice and
that generally his business as such had been his
principal calling; or
Valuers, Appraisers and Estate Agents
27
(ii) he was a registered valuer or appraiser and that his
business as such included estate agency practice,
and that he had served his clients generally to their
satisfaction; and
(b) satisfies or complies with the provisions of paragraphs
(1)(a), (d), (e) and (f).
(3) In order to be satisfied of any of the matters mentioned in
subsections (1) and (2) the Board may call upon the applicant to
submit to it such documents as it considers relevant.
Estate agency practice
22B. (1) Subject to the provisions of this Act, a registered estate
agent who has been issued with an authority to practise by the
Board shall be entitled to practise his profession and shall be
authorised to undertake estate agency practice.
(1A) Subject to subsection (2), no registered estate agent shall
carry on property management.
(2) Notwithstanding subsection (1A), the Board may permit a
registered estate agent to carry on property management--
(a) if he was permitted to do so before the coming into force
of subsection (1A); and
(b) subject to the same conditions and restrictions that the
Board may have imposed upon him before the coming
into force of subsection (1A).
Restrictions on estate agency practice
22C. (1) No person shall unless he is a registered estate agent and
has been issued with an authority to practise under section 16--
(a) practise or carry on business or take up employment
under any name, style or title containing the words "Estate
Agent", "House Agent", "Property Agent"," Land Agent",
"House Broker" or the equivalent thereto, in any language
or bearing any other word whatsoever in any language
which may reasonably be construed to imply that he is
a registered estate agent;
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(aa) carry on business or take up employment as an estate
agent;
(b) display any signboard, or use, distribute or circulate any
card, letter, pamphlet, leaflet, notice or any form of
advertisement, implying either directly or indirectly that
he is a registered estate agent;
(ba) offer for sale or invite offers to purchase any land, building
and any interest therein irrespective of whether such land,
building and interest is located within Malaysia or outside
Malaysia:
Provided that where foreign properties are to be marketed
in Malaysia, such offer or invitation shall be made by or
through an estate agent practising and residing in Malaysia
on behalf of a principal practicing or residing outside
Malaysia;
(c) undertake any of the work specified in section 22B; or
(d) be entitled to recover in any court any fees, charges or
remuneration for any professional advice or services
rendered as an estate agent.
(2) Notwithstanding subsection (1)--
(a) an owner of any land, building and any interest therein
may sell or rent, or offer to sell or rent, such land, building
and interest;
(b) a licensed auctioneer may sell or offer to sell any land,
building and any interest therein by public auction; and
(c) a holder of a power of attorney in respect of any land,
building and any interest therein, acting gratuitiously and
for no commission, fee, reward or other consideration,
may sell, purchase or rent, or offer to sell, purchase or
rent, such land, building and interest.
Qualifications for registration of estate agents and probationary
estate agents
22D. (1) Subject to the provisions of this Act, no person shall be
entitled to have his name entered under Part III of the Register
unless he has been registered as a probationary estate agent under
this Act.
Valuers, Appraisers and Estate Agents
29
(2) Any person who has passed the examinations prescribed by
the Board or who has obtained qualifications which the Board
recognizes as equivalent to such examinations may apply to the
Board to be registered as a probationary estate agent.
(3) A probationary estate agent shall be required to obtain the
practical experience and to pass the Test of Professional Competence
prescribed by the Board or any equivalent test or examination
recognized by the Board.
(4) Where a probationary estate agent has complied with the
requirements of subsection (3), he may apply to the Board to have
his name entered in the Register.
(5) A person who is not a citizen or permanent resident of
Malaysia shall not qualify for registration as an estate agent or as
a probationary estate agent unless he is or has been a registered
estate agent before the coming into force of this section.
PART VI
FIRMS
Practice by firms
23. (1) No registered valuer, appraiser or estate agent shall practise
valuation, appraisal or estate agency or have the right to recover
in any court any fee, charge or remuneration for any professional
advice or services rendered by him pursuant to his practice unless
he practises as a sole proprietor of a sole proprietorship, a partner
of a partnership, a shareholder or director of a body corporate
r e g i s t e r e d with the Board, or as an employee of such sole
proprietorship, partnership or body corporate.
(2) A partnership or body corporate practising valuation, appraisal
or estate agency, as the case may be, shall not be registered by
the Board unless--
(a) all partners of the partnership or all directors and
shareholders of the body corporate are--
(i) in the case of a valuation practice, solely registered
valuers;
(ii) in the case of an appraisal practice, solely registered
appraisers; and
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(iii) in the case of an estate agency practice, solely
registered estate agents;
(b) the shares in the partnership or body corporate are held--
(i) in the case of a valuation practice, solely by registered
valuers;
(ii) in the case of an appraisal practice, solely by
registered appraisers; and
(iii) in the case of an estate agency practice, solely by
registered estate agents; and
(c) it satisfies all the conditions specified by the Board.
(3) Notwithstanding subsection (2), no estate agent which is a
firm may carry on property management unless all of its partners,
in the case of a partnership, or all of its shareholders and directors,
in the case of a body corporate, are permitted by the Board to carry
on property management and it may only carry on property
management of the categories of property approved by the Board.
(4) No registered valuer, appraiser or estate agent may, unless
the Board so approves in writing, become or remain as a sole
proprietor, partner, shareholder or director of more than one sole
proprietorship, partnership or body corporate, as the case may be,
practising valuation, appraisal or estate agency after this section
comes into force.
(5) Where a registered valuer, appraiser or estate agent has,
before the coming into force of this section as amended, been a
sole proprietor, partner, shareholder or director of more than one
firm, then, within two years from the date of coming into force
of this section as amended, he shall divest his equity in all except
one of the firms unless the Board approves otherwise in writing.
(6) A registered valuer, appraiser or estate agent shall--
(a) within one month of his becoming a sole proprietor,
partner, shareholder or director of a firm; or
(b) within one month of any change of partnership, shareholding
or directorship of a firm,
as the case may be, notify the Board in writing of such occurrence
or change.
Valuers, Appraisers and Estate Agents
31
PART VII
DISCIPLINARY AND OTHER PROCEEDINGS
Cancellation, suspension and admonishment
24. (1) Subject to the provisions of this Part, if a valuer, appraiser
or estate agent or a probationary valuer or probationary estate
agent whose name has been placed in the Register or the Register
of Probationary Valuers/Probationary Estate Agents, as the case
may be--
(a) has been convicted of any offence involving fraud or
dishonesty or moral turpitude;
(b) has been found to have obtained his registration or authority
to practice under this Act by fraud or misrepresentation;
(c) has his qualification under section 18 or 22A withdrawn
or cancelled by the authority through which it was acquired
or by which it was awarded;
(d) has contravened or failed to comply with any of the
provisions of this Act or of any of the rules made
thereunder;
(e) has not observed any restrictions subject to which he is
registered;
(f) has refused or neglected to comply with any order of the
Board acting under any of the provisions of this Act or
of any of the rules made thereunder; or
(g) has been found guilty by the Board of any professional
misconduct or of any act or conduct which in the opinion
of the Board is infamous or disgraceful,
the Board may make an order--
(i) cancelling his registration under the appropriate Part of
the appropriate Register;
(ii) suspending his practice for a period not exceeding three
years;
(iii) admonishing him and recording such admonishment in
the appropriate Register;
(iv) admonishing him or imposing a fine not exceeding five
thousand ringgit or both but without recording such
admonishment or fine in the appropriate Register; or
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(v) imposing a fine not exceeding ten thousand ringgit and
recording such fine in the appropriate Register and that
he be suspended from practice until the fine is paid.
(1A) Where the Board makes an order under subparagraphs(1)(ii)
to (v), the Board may, in addition, order the person against whom
the order is made to pay to the Board the costs of the proceedings
not exceeding five thousand ringgit, and such fine and costs shall
be recoverable as a debt payable to the Board.
(2) The Board shall not make any order under subsection (1)
or (1A) unless--
(a) there has been a hearing at which not less than ten members
of the Board are present; and
(b) an opportunity of being heard, with or without the assistance
of counsel, has been given to the person facing disciplinary
action.
(2A) No order of suspension of practice or cancellation of
registration shall be effective--
(a) where no appeal is filed, until after the expiry of the
appeal period; or
(b) where an appeal is filed, until the Appeal Board affirms
the decision.
(3) Any order made by the Board under paragraphs (1)(i)
and (ii) shall be published in such newspaper as the Board may
deem fit if no appeal against the order has been lodged under
sections 27 and 29 within forty days of the date of the making of
the order.
(4) If an appeal has been lodged and subsequently withdrawn
the order shall be published within twenty-one days of the date of
the receipt of the notice withdrawing the appeal.
(5) If the appeal is pursued and the decision of the Appeal
Board contains a cancellation of registration or suspension of
practice order such order shall be published within twenty-one
days of the order made.
Valuers, Appraisers and Estate Agents
33
Removal from Register
25. (1) There shall be removed from the Register or the Register
of Probationary Valuers/Probationary Estate Agents, as the case
may be, the name and particulars of any registered valuer, appraiser
or estate agent or probationary valuer or probationary estate agent--
(a) who has applied in writing for such removal;
(b) who has died;
(c) who has been certified by the proper authority to be of
unsound mind or has been adjudged a bankrupt;
(d) who has failed to renew his authority to practise within
three months of the expiry thereof; or
(e) whose registration has been cancelled under section 24.
(2) Any person whose name is removed from the Register or
the Register of Probationary Valuers/Probationary Estate Agents
shall, within fourteen days after the date of notification of the
Board's decision by registered post, surrender to the Board his
authority to practise and any person who fails to do so commits
an offence.
(3) There shall be removed from the Register of Firms the name
and particulars of any firm--
(a) which has applied in writing for such removal; or
(b) which has contravened or failed to comply with any of
the terms or conditions of its registration.
Reinstatement
26. (1) Any person whose name has been removed from the Register
or the Register of Probationary Valuers/Probationary Estate Agents,
as the case may be, pursuant to an order under subparagraph
24(1)(i) shall, if his appeal has been allowed, forthwith be reinstated.
(2) Any person whose practice has been suspended under
subparagraph 24(1)(ii) and who has been admonished under
subparagraph 24(1)(iii) shall, if his appeal has been allowed, forthwith
have the particulars of the suspension or the admonishment removed
f r o m the Register or the Register of Probationary Valuers/
Probationary Estate Agents, as the case may be.
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(3) Any person whose name has been removed from the Register
or the Register of Probationary Valuers/Probationary Estate Agents,
as the case may be, under paragraph 24(1)(c) shall be reinstated
if he has notified the Board and the Board is satisfied with the
change of circumstances removing his disability under that paragraph.
(4) Any person whose name has been removed from the Register
or the Register of Probationary Valuers/Probationary Estate Agents,
as the case may be, under paragraphs 25(1)(a), (c) and (d) may
be reinstated as soon as he has applied to be reinstated and upon
payment of such fees, arrears and charges, and upon satisfying
such other conditions, as may be prescribed by the Board.
Appeal
27. (1) Any person--
(a) who has been refused registration by the Board;
(b) who has been registered but is dissatisfied with any terms,
conditions or restrictions imposed by the Board;
(c) who having been registered is dissatisfied with any order
made by the Board under section 24; or
(d) whose reinstatement under section 26 has been refused
by the Board,
may within thirty days of being notified of such refusal, restriction
or order, appeal to the Appeal Board which may thereupon make
such orders as it may deem just or proper including any directions
as to the cost of the appeal.
(2) The Board shall give effect to any order made by the Appeal
Board.
Appeal Board
28. (1) For the purpose of this Act there shall be established an
Appeal Board consisting of a person qualified for appointment as
a Judge of a High Court as Chairman who shall be appointed by
the Yang di-Pertuan Agong after consultation with the Chief Justice
of the Federal Court, and two other persons nominated by the
Chairman from a panel of members who shall be appointed by the
Yang di-Pertuan Agong.
Valuers, Appraisers and Estate Agents
35
(2) A member of the Appeal Board shall unless he sooner resigns
his office or has his appointment revoked, hold office for such
term as may be specified in the instrument appointing him and
shall be eligible for reappointment.
(3) The Board shall provide the Appeal Board with such secretarial
services as are necessary for the Appeal Board to fulfil its functions.
Procedure for appeal
29. (1) A notice of appeal referred to in section 27 shall be made
in writing.
(2) On receipt of the notice of appeal the President of the Board
or in his absence, the member delegated by the President so to do,
shall cause to be prepared within three months of the receipt of
such notice a record of the proceedings of the Board and a statement
setting out the grounds on which the Board arrived at its decision.
(3) Upon receiving the record of proceedings and the grounds
of decision of the Board the Chairman of the Appeal Board shall
convene a meeting of the Appeal Board to hear the appeal.
(4) The Appeal Board after hearing the appeal may, on a majority
decision, confirm or vary the decision of the Board.
(5) The Appeal Board shall at its discretion determine its own
procedure and the costs of and incidental to the appeal.
(6) The decision of the Appeal Board shall be final.
PART VIII
GENERAL
Offences
30.
Any person who--
(a) procures or attempts to procure registration or an authority
to practise under this Act by knowingly making or producing
or causing to be made or produced any false or fraudulent
declaration, certificate, application or representation
whether in writing or otherwise;
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(b) wilfully makes or causes to be made any falsification in
the Register;
(c) forges, alters or counterfeits any certificate, testimonial,
order or authority to practise under this Act;
(d) utters or uses any forged, altered or counterfeit authority
to practise under this Act knowing the same to be forged,
altered or counterfeited;
(e) impersonates a registered valuer, appraiser or estate agent;
(f) buys or fraudulently obtains an authority to practise under
this Act issued to another person;
(g) sells, transfers, sublets or otherwise permits any other
person to use any authority to practise issued to him
under this Act;
(h) not being a person acting under the immediate personal
direction and supervision of a registered valuer, appraiser
or estate agent carries out or undertakes to carry out any
work provided under section 19 or 22B; or
(i) acts in contravention of section 22C,
commits an offence and is liable on conviction to a fine not exceeding
twenty-five thousand ringgit or to imprisonment for a term not
exceeding three years or to both and he shall be liable to a further
penalty of five hundred ringgit for each day during the continuance
of such offence.
Search by warrant
30A. (1) If it appears to a Magistrate, upon written information
on oath and after such enquiry as he considers necessary, that there
is reasonable cause to believe that an offence under this Act or any
rules made under this Act is being or has been committed on any
premises, the Magistrate may issue a warrant authorizing any police
officer not below the rank of Inspector, or any person named
therein, to enter the premises at any reasonable time by day or by
night, with or without assistance and if need be by force, and there
to search for and seize any signboard, card, letter, pamphlet, leaflet,
notice or other device representing or implying that the person is
a registered valuer, appraiser or estate agent, and any other document,
article or item that is reasonably believed to furnish evidence of
the commission of such offence.
Valuers, Appraisers and Estate Agents
37
(2) Where, by reason of its nature, size or amount, it is not
practicable to remove any signboard, card, letter, pamphlet, leaflet,
notice, device, document, article or item seized under this section,
the seizing officer or person shall, by any means, seal such signboard,
card, letter, pamphlet, leaflet, notice, device, document, article or
item in the premises or container in which it is found.
(3) A person who, without lawful authority, breaks, tampers
with or damages the seal referred to in subsection (2) or removes
any signboard, card, letter, pamphlet, leaflet, notice, device, document,
article or item under seal or attempts to do so commits an offence.
Search and seizure without warrant
30B.  If a police officer not below the rank of Inspector in any
of the circumstances referred to in section 30A has reasonable
cause to believe that by reason of delay in obtaining a search
warrant under that section the investigation would be adversely
affected or evidence of the commission of an offence is likely to
be tampered with, removed, damaged or destroyed, such officer
may enter such premises and exercise in, upon and in respect of
the premises all the powers referred to in section 30A in as full
and ample a manner as if he were authorised to do so by a warrant
issued under that section.
List of things seized
30C. (1) Except as provided in subsection (2), where any signboard,
card, letter, pamphlet, leaflet, notice, device, document, article or
item is seized under section 30A or 30B, the seizing officer or
person shall prepare a list of the things seized and immediately
deliver a copy of the list signed by him to the occupier of the
premises which have been searched, or to his agent or servant, at
those premises.
(2) Where the premises are unoccupied, the seizing officer or
person shall whenever possible post a list of the things seized
conspicuously on the premises
Penalty for other offences
31. (1) Any person who commits any offence under this Act for
which no other penalty is expressly provided is liable on conviction
to a fine not exceeding ten thousand ringgit.
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(2) If a firm fails to comply with any of the provisions of this
Act the sole proprietor, every partner and every director, or other
similar officer thereof commits the same offence and is liable to
the same penalty as the firm unless he proves that the offence was
committed without his knowledge, consent or connivance or was
not attributable to any neglect on his part.
Immunity of Board
31A.  No action or proceeding shall lie against the Board or any
member of the Board for any act or thing done under this Act or
rules made under this Act unless it is proved to the court that the
act or thing was done in bad faith.
Board may make rules
32.  The Board may with the approval of the Minister make rules
as may be necessary for the better carrying out or giving effect
to the provisions of Part III to Part VIII.
Saving as to right of Government
33.  Nothing in this Act contained shall apply to anything done
or omitted to be done by or under the authority of the Government
or of any State Government.
Consequential amendments to the *Registration of Surveyors
Act 1967
34.  The *Registration of Surveyors Act 1967 shall be amended
in the manner specified in the Second Schedule one year after the
coming into force of this Act.
Repeal
35.  The written laws specified in the Third Schedule shall be
repealed to the extent specified therein one year after the coming
into force of this Act.
*NOTE--This Act has since been revised as the Quantity Surveyors Act 1967 [Act 487].
Valuers, Appraisers and Estate Agents
39
FIRST SCHEDULE
[Subsection 9(8)]
1. (1) The following persons shall be disqualified from being appointed to or
being members of the Board--
(a) a person who is of unsound mind or is otherwise incapable of
performing his duties;
(b) a bankrupt.
(2) A member of the Board appointed under paragraphs 9(2)(b), (c), (cc) and
(d) shall vacate his office if he fails to attend three consecutive meetings of the
Board without the permission in writing of the President or if he becomes
disqualified under paragraph (1).
2. (1) The Board shall meet not less than once in three months at such place
as the President may appoint.
(2) The President shall call a meeting of the Board on the request of two
members of the Board and such request shall be in writing with the reasons
therefor.
(3) At any meeting of the Board the President shall preside, and in his
absence the members shall elect one of their member to preside over the
meeting.
(4) The quorum of the Board shall be eight.
(5) If on any question to be determined by the Board there is an equality
of votes, the President or, in the case where the President is absent, the member
presiding over the meeting, shall have a casting vote.
(6) Subject to paragraphs (4) and (5) the Board shall determine its own
procedure.
(7) The Board shall cause proper records of its proceedings to be kept.
3. (1) The Board shall have a common seal which shall bear such device as
the Board may approve and such seal may from time to time be broken, changed,
altered and made anew by the Board as the Board may think fit.
(2) Until a seal is provided by the Board under this paragraph, a stamp
bearing the description "Board of Valuers, Appraisers and Estate Agents" may
be used and shall be deemed to be the Common Seal.
(3) The Common Seal shall be kept in the custody of the President and shall
be authenticated by the President or other member acting in the absence of the
President, and any document purporting to be sealed with the said seal, authenticated
as aforesaid shall, until the contrary is shown, be deemed to have been validly
executed.
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SECOND SCHEDULE
[Section 34]
*REGISTRATION OF SURVEYORS ACT 1967
Provision
Amendment
Section 2
1. Delete the definition of "Surveyor".
2. Delete the definition of "General Practice
Surveyor".
Subsection 3(2)
1. Substitute for the word "two" in paragraph
(b) the word "three".
2. Delete paragraph (c).
3. Substitute for paragraph (e) the following
new paragraph (e):
"(e) three registered Quantity Surveyors who
are Federal Citizens and who have had
at least six years professional experi-
ence practising their profession in
Malaysia and who are in private prac-
tice on the nomination of the Council
of the Institution of Surveyors (Ma-
laysia) or other professional body that
the Board may from time to time recog-
nize to represent Quantity Surveyors;".
4. Substitute for the full stop appearing at the
end of paragraph (g) a semi-colon.
5. Insert immediately after paragraph (g) the
following new paragraph (h)--
"(h) one member on the nomination of the
Board of Valuers and Appraisers from
among members of that Board estab-
lished under the Valuers and Apprais-
ers Act 1981 [Act 242].".
Subsection 3(2A)
Delete.
Section 4
Insert the word "quantity" before the words
"surveying profession" in paragraph (f).
*NOTE--This Act has since been revised as the Quantity Surveyors Act 1967 [Act 487].
Valuers, Appraisers and Estate Agents
41
Provision
Amendment
Subsection 5(2)
Delete.
Subsection 6(2)
Delete the words "(including the branch or
branches of surveying to which the qualifications
relate)" in paragraph (a)
Subsection 7(1)
Substitute for the words "`Building Surveyor,
` V a l u e r ' , `Appraiser', `Land Economist'"
appearing immediately after the words "`Quantity
Surveyor'," in paragraph (a) the words "`Building
Economist', `Building Cost Consultant"'.
Delete the words "or general practice" wherever
Section 7A
they appear.
Section 8
Delete.
Subsection 10(2)
Substitute the following therefor:
"(2) Subject to the provisions of this Act,
any person who--
(a) is a provisionally registered
surveyor;
(b) h a s  obtained  the  practical
experience as prescribed under
paragraph (1)(b); and
(c) is a Member of the Institution of
S u r v e y o r s (Malaysia) or has
obtained a qualification which the
Board considers to be equivalent
thereto,
shall be entitled on application to be registered
as a Surveyor.".
Section 20
I n s e r t the words "a person qualified for
appointment as" before the words "a Judge of
the High Court".
Section 27
Insert the words ", Building Surveyors, Valuers,
Appraisers" immediately after the words "Land
Surveyors".
Schedule
1. S u b s t i t u t e for the word "seven" in
subparagraph 2(3) the word "six".
2. I n s e r t immediately after the words "in
connection with" appearing in paragraph 4
42
ACT 242
Laws of Malaysia
Provision
Amendment
the word "quantity".
Wherever the word
Insert "Quantity" before the word.
"Surveyor" or
"Surveyors" appears
except in paragraph
3(2)(b), paragraph
7(1)(a) and section 27
THIRD SCHEDULE
[Section 35]
Written Law
Extent Repealed
(a) Appraisers Enactment of the
The whole.
Malay States [F.M.S. Cap. 80]
(b) Appraisers Enactment (F.M.S.
The whole.
Cap. 80) as applied to the Federal
Territory, Perlis and Terengganu
[P.U.(A) 62/1974, F.M. Ord. 30 of
1961, F.M. Ord. 55 of 1955]
(c) Appraisers Enactment
The whole.
[Johore En. 4]
(d) Enactment No. 8 (Auctioneers)
In so far as it relates
[Kedah En. 8]
to appraisers.
(e) Appraisers Enactment 1911
The whole.
[Kelantan En. 3 of 1911]
(f) Miscellaneous Licences
In so far as it relates
Ordinance [Sarawak Cap. 72]
to valuers.
(g) Auctioneers' Licences Ordinance
In so far as it relates
[S.S. Cap. 198]
to appraisers.
Valuers, Appraisers and Estate Agents
43
LAWS OF MALAYSIA
Act 242
VALUERS, APPRAISERS AND ESTATE AGENTS
ACT 1981
LIST OF AMENDMENTS
Amending law
Short title
In force from
Act A598
Valuers and Appraisers (Amendment)
07-09-1984
Act 1984
Act A980
Valuers, Appraisers and Estate
31-01-1997
Agents (Amendment) Act 1997
Act A1056
Valuers, Appraisers and Estate
09-09-1999
Agents (Amendment) Act 1999
44
ACT 242
Laws of Malaysia
LAWS OF MALAYSIA
Act 242
VALUERS, APPRAISERS AND ESTATE AGENTS
ACT 1981
LIST OF SECTIONS AMENDED
Section
Amending Authority
In force from
Long Title
Act A598
07-09-1984
1
Act A598
07-09-1984
Act A980
31-01-1997
2
Act A598
07-09-1984
Act A980
31-01-1997
4
Act A598
07-09-1984
Act A980
31-01-1997
Act A1056
09-09-1999
5
Act A980
31-01-1997
Act A1056
09-09-1999
6
Act A980
31-01-1997
Act A1056
09-09-1999
Part III
Act A598
07-09-1984
9
Act A598
07-09-1984
Act A980
31-01-1997
10
Act A598
07-09-1984
Act A980
31-01-1997
12
Act A598
07-09-1984
Act A980
31-01-1997
Part IV
Act A598
07-09-1984
Act A980
31-01-1997
14
Act A598
07-09-1984
Act A980
31-01-1997
15
Act A598
07-09-1984
Act A980
31-01-1997
15A
Valuers, Appraisers and Estate Agents
45
Section
Amending Authority
In force from
16
Act A598
07-09-1984
Act A980
31-01-1997
17
Act A598
07-09-1984
Act A980
31-01-1997
18
Act A598
07-09-1984
Act A980
31-01-1997
19
Act A980
31-01-1997
21
Act A598
07-09-1984
Act A980
31-01-1997
22A
Act A598
07-09-1984
Act A980
31-01-1997
22B
Act A598
07-09-1984
Act A980
31-01-1997
22C
Act A598
07-09-1984
Act A980
31-01-1997
22D
Act A980
31-01-1997
Part VI
Act A598
07-09-1984
Act A980
31-01-1997
23
Act A598
07-09-1984
Act A980
31-01-1997
24
Act A598
07-09-1984
Act A980
31-01-1997
25
Act A598
07-09-1984
Act A980
31-01-1997
26
Act A980
31-01-1997
27
Act A980
31-01-1997
28
Act A980
31-01-1997
29
Act A980
31-01-1997
30
Act A598
07-09-1984
Act A980
31-01-1997
30A-30c
Act 980
31-01-1997
46
ACT 242
Laws of Malaysia
Section
Amending Authority
In force from
31
Act A980
31-01-1997
31A
Act A980
31-01-1997
32
Act A980
31-01-1997
First Schedule
Act A598
07-09-1984
Act A980
31-01-1997
DICETAK OLEH
PERCETAKAN NASIONAL MALAYSIA BERHAD,
KUALA LUMPUR
BAGI PIHAK DAN DENGAN PERINTAH KERAJAAN MALAYSIA