Section 52
Offences by bodies corporate etc.
of Architects, Professional Engineers and Quantity Surveyors Act
(1)
Where an offence under this Act which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate or of any person who was purporting to act in such capacity, he, as well as the body corporate, is guilty of that offence and liable to be proceeded against and punished accordingly.
(2)
Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of that body corporate.
Exemptions 53.
The Minister may, after consultation with the Board, by order published in the Gazette and subject to such conditions as he thinks fit exempt any person or class of person from all or any of the provisions of this
Act.
No action in absence of bad faith or malice 54.
No action or proceeding shall lie against the Board, any committee or division appointed by the Board or any member thereof for any act or thing done in good faith in the discharge of its or his duties under this Act.
Rules 55.
(1)
The Minister may, with the approval of His Majesty the Sultan and Yang Di-Pertuan, make rules which are necessary or expedient for giving effect to and carrying out the provisions of this Act, including the prescription of fees and of any other thing required to be or which may be prescribed under this Act and for the due administration, thereof.
(2)
Without prejudice to the generality of subsection (1), the
Minister may, with the approval of His Majesty the Sultan and Yang
Di-Pertuan, make rules —
(a)
prescribing forms of applications under this Act and certificates of registration, practising certificates and licences;
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(b)
prescribing the subject matter of examinations to be conducted by or under the direction of the Board in the case of applicants or class of applicants for registration;
(c)
prescribing the form in which the register of architects, the register of professional engineers, the register of quantity surveyors, the register of practitioners and the register of licensees are to be kept and the particulars to be entered therein;
(d)
prescribing a code of professional conduct and ethics;
(e)
requiring all or any of the following to take out and maintain insurance against liability for breach of professional duty in the course of supplying architectural, professional engineering or quantity surveying services —
(i)
any partnership consisting wholly of registered architects;
(ii)
any partnership consisting wholly of registered professional engineers;
(iii)
any partnership consisting wholly of registered quantity surveyors;
(iv)
any partnership applying for a licence;
(v)
any limited liability partnership applying for a licence;
(vi)
any registered architect applying for a practising certificate for the purpose of engaging in the practice of architecture on his own account;
(vii)
any registered professional engineer applying for a practising certificate for the purpose of engaging in the practice of professional engineering on his own account;
(viii)
any registered quantity surveyor applying for a practising certificate for the purpose of engaging in the practice of quantity surveying on his own account;
(ix)
any registered architect, registered professional engineer or quantity surveyor applying for a practising certificate who is employed or about to be
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employed by any person referred to in sub-paragraphs (i) to (vii);
(x)
any other registered architect, registered professional engineer or registered quantity surveyor applying for a practising certificate;
(f)
prescribing the terms and conditions of insurance against professional liability under this Act or rules, including a minimum limit of indemnity.