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Values, Appraises and Estate Agents Act 1981

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Unannotated Statutes of Malaysia - Principal Acts/VALUERS, APPRAISERS AND ESTATE AGENTS ACT 1981 Act 242/VALUERS, APPRAISERS AND ESTATE AGENTS ACT 1981 ACT 242

Incorporating all amendments up to 26 September 2011

Date of Royal Assent ... ... ... ...	4 February 1981
Date of publication in the Gazette ... ... ... ...	5 February 1981
Date of coming into operation ... ...	6 February 1981

ACT 242
VALUERS, APPRAISERS AND ESTATE AGENTS ACT 1981

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

SECTION

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

SECTION

9.Board of Valuers, Appraisers and Estate Agents

10.Functions of the Board

10a.Committee

11.Examiners and other staff

12.Fund of the Board

13.Auditing of accounts

Part IV REGISTERS

SECTION

14.Registers

15.Registrar

15a.Application for authority to practise

16.Authority to practise

Part V VALUERS AND APPRAISERS

SECTION

17.Registration of valuers and appraisers

17a.Registration of probationary valuers

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

SECTION

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

22e.Registration of probationary estate agents

Part VI FIRMS

SECTION

23.Practice by firms

Part VII DISCIPLINARY AND OTHER PROCEEDINGS

SECTION

24.Cancellation, suspension and admonishment

25.Removal from Register

26.Reinstatement

27.Appeal

28.Appeal Board

29.Procedure for appeal

Part VIII GENERAL

SECTION

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

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:

Unannotated Statutes of Malaysia - Principal Acts/VALUERS, APPRAISERS AND ESTATE AGENTS ACT 1981 Act 242/VALUERS, APPRAISERS AND ESTATE AGENTS ACT 1981 ACT 242/1.Short title and application

Part I PRELIMINARY

1. Short title and application

This Act may be cited as the Valuers, Appraisers and Estate Agents Act 1981 and shall apply throughout Malaysia.

Unannotated Statutes of Malaysia - Principal Acts/VALUERS, APPRAISERS AND ESTATE AGENTS ACT 1981 Act 242/VALUERS, APPRAISERS AND ESTATE AGENTS ACT 1981 ACT 242/2.Interpretation

2. Interpretation

In this Act, unless the context otherwise requires--

"Appeal Board"

means the Appeal Board established under section 28;

"applicant"

means an individual registered valuer, appraiser or estate agent or a registered valuation, appraisal or estate agency firm, as the case may be;

"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;

"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 or to any individual or firm 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 including the act of making known of the availability of land, building or any interest therein for such sale or other disposal, purchase or other acquisition, leasing or letting;

"firm"

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, standards, 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;

"property-based 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;

(b) preparing budgets and maintaining the financial records for the property;

(d) advising on sale, purchase and lettings 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.

Unannotated Statutes of Malaysia - Principal Acts/VALUERS, APPRAISERS AND ESTATE AGENTS ACT 1981 Act 242/VALUERS, APPRAISERS AND ESTATE AGENTS ACT 1981 ACT 242/3.Director General and other officers

Part II APPOINTMENT, DUTIES AND POWERS OF DIRECTOR GENERAL OF VALUATION AND PROPERTY SERVICES AND OTHER OFFICERS

3. Director General and other officers

(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.

Unannotated Statutes of Malaysia - Principal Acts/VALUERS, APPRAISERS AND ESTATE AGENTS ACT 1981 Act 242/VALUERS, APPRAISERS AND ESTATE AGENTS ACT 1981 ACT 242/4.Functions and duties of Director General

4. Functions and duties of Director General

(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 classified 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

(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.

(1A) For the purposes of providing research services under paragraph (bc), the Director General may--

(a) carry out basic or applied research;

(b) provide advisory or consultation services;

(d) disburse any grant; and

(e) co-ordinate the carrying out of research undertaken by the Director General or any other person.

(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;

(d) information on movements in the price and rental of property;

(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 paragraph (bc) and subsection (2), the Director General may, except where the service is rendered to the Government, charge any person or class of persons such fees and charges 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.

Unannotated Statutes of Malaysia - Principal Acts/VALUERS, APPRAISERS AND ESTATE AGENTS ACT 1981 Act 242/VALUERS, APPRAISERS AND ESTATE AGENTS ACT 1981 ACT 242/5.Access to lands, buildings, etc.

5. Access to lands, buildings, etc.

(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 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.

Unannotated Statutes of Malaysia - Principal Acts/VALUERS, APPRAISERS AND ESTATE AGENTS ACT 1981 Act 242/VALUERS, APPRAISERS AND ESTATE AGENTS ACT 1981 ACT 242/6.Submission of relevant information

6. Submission of relevant information

(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.

Unannotated Statutes of Malaysia - Principal Acts/VALUERS, APPRAISERS AND ESTATE AGENTS ACT 1981 Act 242/VALUERS, APPRAISERS AND ESTATE AGENTS ACT 1981 ACT 242/7.Power of delegation

7. Power of delegation

(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.

Unannotated Statutes of Malaysia - Principal Acts/VALUERS, APPRAISERS AND ESTATE AGENTS ACT 1981 Act 242/VALUERS, APPRAISERS AND ESTATE AGENTS ACT 1981 ACT 242/8.Minister may make rules

8. Minister may make rules

The Minister may make rules as may be necessary for the better carrying out or giving effect to the provisions of this Part.

Unannotated Statutes of Malaysia - Principal Acts/VALUERS, APPRAISERS AND ESTATE AGENTS ACT 1981 Act 242/VALUERS, APPRAISERS AND ESTATE AGENTS ACT 1981 ACT 242/9.Board of Valuers, Appraisers and Estate Agents

Part III BOARD OF VALUERS, APPRAISERS AND ESTATE AGENTS

9. Board of Valuers, Appraisers and Estate Agents

(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.

(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 the provisions of 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.

Unannotated Statutes of Malaysia - Principal Acts/VALUERS, APPRAISERS AND ESTATE AGENTS ACT 1981 Act 242/VALUERS, APPRAISERS AND ESTATE AGENTS ACT 1981 ACT 242/10.Functions of the Board

10. Functions of the Board

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 restrictions conditions and as it may deem fit to impose;

(d) to hold or cause to be held examinations of persons who desire to qualify themselves for registration under this Act;

(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, 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;

(hc) to prescribe the rules concerning the taking out of professional indemnity insurance for valuers, appraisers and estate agents against any class of professional liability;

(hd) to prescribe standards, directives, circulars or guidelines to carry out the provisions of Part III to Part VIII; 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.

Unannotated Statutes of Malaysia - Principal Acts/VALUERS, APPRAISERS AND ESTATE AGENTS ACT 1981 Act 242/VALUERS, APPRAISERS AND ESTATE AGENTS ACT 1981 ACT 242/10A.Committee

10A. Committee

(1) The Board may appoint such committees as the Board deems fit to assist it in performing its functions under this Act.

(2) A committee shall consist of two or more persons who are members of the Board or any other person as the Board deems fit.

(3) The procedure and functions of any committee appointed under subsection (1) shall be determined by the Board.

(4) The Board may, in writing, delegate to the committee any of its functions other than those which the Minister may by rules expressly require to be performed by the Board .

Unannotated Statutes of Malaysia - Principal Acts/VALUERS, APPRAISERS AND ESTATE AGENTS ACT 1981 Act 242/VALUERS, APPRAISERS AND ESTATE AGENTS ACT 1981 ACT 242/11.Examiners and other staff

11. Examiners and other staff

(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.

Unannotated Statutes of Malaysia - Principal Acts/VALUERS, APPRAISERS AND ESTATE AGENTS ACT 1981 Act 242/VALUERS, APPRAISERS AND ESTATE AGENTS ACT 1981 ACT 242/12.Fund of the Board

12. Fund of the Board

(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;

(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 and the expenses for the printing or publication of forms, journals, brochures, directories, 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) Moneys 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.

Unannotated Statutes of Malaysia - Principal Acts/VALUERS, APPRAISERS AND ESTATE AGENTS ACT 1981 Act 242/VALUERS, APPRAISERS AND ESTATE AGENTS ACT 1981 ACT 242/13.Auditing of accounts

13. Auditing of accounts

The accounts of the Board shall be audited not less than once in a year by an auditor appointed by the Board.

Unannotated Statutes of Malaysia - Principal Acts/VALUERS, APPRAISERS AND ESTATE AGENTS ACT 1981 Act 242/VALUERS, APPRAISERS AND ESTATE AGENTS ACT 1981 ACT 242/14.Registers

Part IV REGISTERS

14. Registers

(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

(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.

(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 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.

Unannotated Statutes of Malaysia - Principal Acts/VALUERS, APPRAISERS AND ESTATE AGENTS ACT 1981 Act 242/VALUERS, APPRAISERS AND ESTATE AGENTS ACT 1981 ACT 242/15.Registrar

15. Registrar

(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.

Unannotated Statutes of Malaysia - Principal Acts/VALUERS, APPRAISERS AND ESTATE AGENTS ACT 1981 Act 242/VALUERS, APPRAISERS AND ESTATE AGENTS ACT 1981 ACT 242/15a.Application for authority to practise

15a. Application for authority to practise

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.

Unannotated Statutes of Malaysia - Principal Acts/VALUERS, APPRAISERS AND ESTATE AGENTS ACT 1981 Act 242/VALUERS, APPRAISERS AND ESTATE AGENTS ACT 1981 ACT 242/16.Authority to practise

16. Authority to practise

(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 and subject to such conditions or restrictions as it may deem fit to impose.

(1A) For the purposes of subsection (1), the authority to practise as an individual registered valuer, appraiser or estate agent shall be subject to the condition that the practice is in accordance with section 23.

(2) The authority to practise shall, subject to the provisions of this Act, expire on the 31st day 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 Board.

(3) A certificate of registration issued under the Registration of Surveyors Act 1967 [Act 67 of 1967] which before the coming into 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 change in the name, business address, partnership, shareholding or directorship of his practice or any change 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.

Unannotated Statutes of Malaysia - Principal Acts/VALUERS, APPRAISERS AND ESTATE AGENTS ACT 1981 Act 242/VALUERS, APPRAISERS AND ESTATE AGENTS ACT 1981 ACT 242/17.Registration of valuers and appraisers

Part V VALUERS AND APPRAISERS

17. Registration of valuers and appraisers

(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;

(ab) he has not made a statement or affirmed or attested a document that is false or misleading in a material particular;

(ac) he has not dishonestly concealed material facts;

(ad) he has not furnished false information;

(b) he satisfies the requirements of section 18;

(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.

(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 the provisions of 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.

Unannotated Statutes of Malaysia - Principal Acts/VALUERS, APPRAISERS AND ESTATE AGENTS ACT 1981 Act 242/VALUERS, APPRAISERS AND ESTATE AGENTS ACT 1981 ACT 242/17A.Registration of probationary valuers

17A. Registration of probationary valuers

(1) Subject to the provisions of this Act, every person shall be entitled to have his name entered as a probationary valuer under the Register of Probationary Valuers/ Probationary Estate Agents upon making an application to the Board and proving to its satisfaction that--

(b) he is not an undischarged bankrupt;

(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 has submitted all documents as may be required by the Board.

(2) The Board may require the applicant to submit any additional documents as it considers relevant in order to be satisfied of any of the matters mentioned in subsections (1).

Unannotated Statutes of Malaysia - Principal Acts/VALUERS, APPRAISERS AND ESTATE AGENTS ACT 1981 Act 242/VALUERS, APPRAISERS AND ESTATE AGENTS ACT 1981 ACT 242/18.Qualifications for registration of valuers and probationary valuers

18. Qualifications for registration of valuers and probationary valuers

(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.

(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) Where 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 (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.

Unannotated Statutes of Malaysia - Principal Acts/VALUERS, APPRAISERS AND ESTATE AGENTS ACT 1981 Act 242/VALUERS, APPRAISERS AND ESTATE AGENTS ACT 1981 ACT 242/19.Valuation practice

19. Valuation practice

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 and all interest therein including furniture, fixtures, trade stocks, plant, machinery, equipment and other effects;

(b) valuation of lands and buildings and all interest therein 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.

Unannotated Statutes of Malaysia - Principal Acts/VALUERS, APPRAISERS AND ESTATE AGENTS ACT 1981 Act 242/VALUERS, APPRAISERS AND ESTATE AGENTS ACT 1981 ACT 242/20.Restriction on registered appraisers

20. Restriction on registered appraisers

(1) A registered appraiser is authorised 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.

Unannotated Statutes of Malaysia - Principal Acts/VALUERS, APPRAISERS AND ESTATE AGENTS ACT 1981 Act 242/VALUERS, APPRAISERS AND ESTATE AGENTS ACT 1981 ACT 242/21.Restrictions on valuation practice

21. Restrictions on valuation practice

(1) No 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", "Managing Agent", "Facilities Manager", "Building Maintenance Manager", "Building Facilities Manager", "Building 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 or that he is engaged in the practice or business;

(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;

(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.

(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.

(4) The provisions relating to restrictions on valuation practice in subsection (1) shall apply mutatis mutandis to a firm.

Unannotated Statutes of Malaysia - Principal Acts/VALUERS, APPRAISERS AND ESTATE AGENTS ACT 1981 Act 242/VALUERS, APPRAISERS AND ESTATE AGENTS ACT 1981 ACT 242/22.Special authority

22. Special authority

(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.

Unannotated Statutes of Malaysia - Principal Acts/VALUERS, APPRAISERS AND ESTATE AGENTS ACT 1981 Act 242/VALUERS, APPRAISERS AND ESTATE AGENTS ACT 1981 ACT 242/22a.Registration of estate agents

Part VA ESTATE AGENTS

22a. Registration of estate agents

(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--

(aa) he has not made a statement or affirmed or attested a document that is false or misleading in a material particular;

(ab) he has not dishonestly concealed material facts;

(ac) he has not furnished false information;

(b) he is not an undischarged bankrupt;

(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

(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.

Unannotated Statutes of Malaysia - Principal Acts/VALUERS, APPRAISERS AND ESTATE AGENTS ACT 1981 Act 242/VALUERS, APPRAISERS AND ESTATE AGENTS ACT 1981 ACT 242/22b.Estate agency practice

22b. Estate agency practice

(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).

Unannotated Statutes of Malaysia - Principal Acts/VALUERS, APPRAISERS AND ESTATE AGENTS ACT 1981 Act 242/VALUERS, APPRAISERS AND ESTATE AGENTS ACT 1981 ACT 242/22c.Restrictions on estate agency practice

22c. Restrictions on estate agency practice

(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 or that he is engaged in estate agency practice or business;

(aa) carry on business or take up employment as an estate agent;

(b) display any signboard or poster, 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 or that he is engaged in estate agency practice or business;

(ba) offer for sale, rent or lease or invite offers to purchase, rent or lease 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 or an estate agent practising or residing outside Malaysia;

(d) be entitled to recover in any court any fees, commissions, 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 lease or sublease, or offer to sell or rent or lease or sublease, 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.

(3) The provisions relating to estate agency practice in subsection (1) and (2)shall apply mutatis mutandis to a firm.

Unannotated Statutes of Malaysia - Principal Acts/VALUERS, APPRAISERS AND ESTATE AGENTS ACT 1981 Act 242/VALUERS, APPRAISERS AND ESTATE AGENTS ACT 1981 ACT 242/22d.Qualifications for registration of estate agents and probationary estate agents

22d. Qualifications for registration of estate agents and probationary estate agents

(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.

(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.

Unannotated Statutes of Malaysia - Principal Acts/VALUERS, APPRAISERS AND ESTATE AGENTS ACT 1981 Act 242/VALUERS, APPRAISERS AND ESTATE AGENTS ACT 1981 ACT 242/22e.Registration of probationary estate agents

22e. Registration of probationary estate agents

(1) Subject to the provisions of this Act, every person shall be entitled to have his name entered as a probationary estate agent in the Register of Probationary Valuers/ Probationary Estate Agents upon making application to the Board and proving to its satisfaction that--

(b) he is not an undischarged bankrupt;

(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 has submitted such documents as may be required by the Board.

(2) The Board may require the applicant to submit any additional documents as it considers relevant in order to be satisfied of any of the matters mentioned in subsection (1).

Unannotated Statutes of Malaysia - Principal Acts/VALUERS, APPRAISERS AND ESTATE AGENTS ACT 1981 Act 242/VALUERS, APPRAISERS AND ESTATE AGENTS ACT 1981 ACT 242/23.Practice by firms

Part VI FIRMS

23. Practice by firms

(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, commission, 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 registered with the Board, or as an employee of such sole proprietorship, partnership or body corporate.

(1A) A sole proprietorship practising valuation, appraisal or estate agency, as the case may be, shall not be registered by the Board unless--

(a) the sole proprietor of the sole proprietorship is a registered valuer, appraiser or estate agency, as the case may be;

(b) the interest in the sole proprietorship is vested solely in the sole proprietor; and

(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--

(A) solely registered valuers;

(B) a combination of registered valuers, registered appraisals and registered estate agents; or

(ii) in the case of an appraisal practice--

(A) solely registered appraisers;

(B) a combination of registered appraisals, registered valuers and registered estate agents; or

(iii) in the case of an estate agency practice--

(A) solely registered agents;

(B) a combination of registered estate agents, registered valuers and registered appraisals; or

(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;

(iii) in the case of an estate agency practice, solely by registered estate agents; and

(iv) in the case of a partnership or body corporate where all partners of the partnership or all directors and shareholders of the body corporate are a combination of registered valuers, registered appraisers and registered estate agents and any other persons or bodies corporate--

(A) in the case of a valuation practice, by a majority of valuers who hold the majority interest and the voting rights;

(B) in the case of an appraisal practice, by a majority of appraisers who hold the majority interest and the voting rights; and

(C) in the case of an estate agency practice, by a majority of estate agents who hold the majority interest and voting rights;

(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.

(4A) Notwithstanding subsection (2) or (4), the Board shall cancel the registration of a firm if the Board finds that--

(a) the firm or any of its partners or directors breaches or fails to comply with or fails to carry out any of the terms, conditions or restrictions imposed by the Board upon granting the approval;

(b) the composition of the partners of the partnership or the directors of the body corporate practicing valuation, appraisal or estate agency does not comply with the requirement in subsection (2);

(c) the shareholding of the partnership or body corporate practising valuation, appraisal or estate agency does not comply with the requirement in subsection (2);

(d) any partner of a partnership or director of a body corporate practising valuation, appraisal or estate agency, whether such a partner or a director is a registered valuer, appraiser or estate agent or otherwise, commits, or contributes to, any of the acts specified in paragraphs (a), (b) or (c); and

(e) the firm has contravened any of the provisions of this Act or any of the rules made thereunder.

(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.

(7) Where a registered valuer, registered appraiser or registered estate agent practising as a sole proprietor is removed from the register of Valuers, Appraisers and Estate Agents or is suspended from practice, he shall within thirty days from the date of such removal or suspension, satisfy the Board that he has made suitable arrangements for making available to his client some other registered valuer, registered appraiser or registered estate agent, as the case may be, during the period of his removal or suspension.

(8) The registered valuer, registered appraiser or registered estate agent shall, when making available to his client some other registered valuer, registered appraiser or registered estate agent under subsection (7)--

(a) instruct the other registered valuer, registered appraiser or registered estate agent to--

(i) take over the management of his firm; and

(ii) receive and account for all sums of money due to the firm and held by him or his firm on behalf of his clients; and

(b) hand over to the other registered valuer, registered appraiser or registered estate agent all documents, books of accounts, records and vouchers and any other document in his possession or control.

(9) Where a registered valuer, registered appraiser or registered estate agent practising under a partnership arrangement is removed from the Register of Valuers, Appraisers and Estate Agents or suspended from practice, he shall, within thirty days from the date of such removal or suspension, satisfy the Board that he has made suitable arrangement to hand over all his clients and all relevant documents in his possession to his partner.

(10) Where a registered firm is removed from the Register of Firms or all its partners or directors are suspended from practice, the partners or directors shall, within thirty days from the date of such removal or suspension, satisfy the Board that they have made suitable arrangements for making available to their clients some other registered valuation, appraisal or estate agency firm, as the case may be, during the period of their removal or suspension.

(11) The partners or directors of a registered firm shall, when making available to their clients some other registered valuer, registered appraiser or registered estate agent under subsection (10)--

(a) instruct the other registered valuer, registered appraiser or registered estate agent to--

(i) take over the management of their firm; and

(ii) receive and account for all sums of money due to the firm and held by them or their firm on behalf of their clients; and

(b) hand over to the other registered valuer, registered appraiser or registered estate agent all documents, books of accounts, records and vouchers and any other document in their possession or control.

(12) Where a registered valuer, appraiser or estate agent fails to comply with subsection (7) or (10), the Board may appoint another registered valuer, appraiser or estate agent, as the case may be, to manage his firm if the Board considers that his firm needs to be maintained in the public interest or in the interest of his clients or profession.

(13) A registered valuer, appraiser or estate agent appointed under subsection (12) shall--

(a) use his best endeavours to carry on and conduct the business in a proper and efficient manner;

(b) receive and account for all sums of money due to the firm or held by him; and

(14) Where the registered valuer, appraiser or estate agent practising as a sole proprietor is dead, all rights to operate or otherwise deal with any banking account in the name of the valuer, appraiser or estate agent or his firm shall, notwithstanding anything to the contrary in this Act, vest in the personal representative of the registered valuer, appraiser or estate agent and shall be exercisable as from the death of the registered valuer, appraiser or estate agent to its conclusion subject to the approval and supervision of the Board.

(15) For the purpose of subsection (14), "banking account" means a bank account into which clients' money has been paid.

Unannotated Statutes of Malaysia - Principal Acts/VALUERS, APPRAISERS AND ESTATE AGENTS ACT 1981 Act 242/VALUERS, APPRAISERS AND ESTATE AGENTS ACT 1981 ACT 242/24.Cancellation, suspension and admonishment

Part VII DISCIPLINARY AND OTHER PROCEEDINGS

24. Cancellation, suspension and admonishment

(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 or 22dwithdrawn 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 conditions or 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;

(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;

(h) has allowed any unauthorized person to carry on valuation, appraisal or estate agency business in his name; or

(i) has carried on by himself, directly or indirectly, any profession, trade, business or calling which is incompatible with valuation, appraisal or estate agency practice, 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 ten thousand ringgit or both and recording such admonishment or fine in the appropriate Register;

(v) imposing a fine not exceeding twenty-five thousand ringgit and recording such fine in the appropriate Register and that he be suspended from practice until the fine is paid; or

(vi) prohibiting him from applying to the Board for registration until all the conditions specified by the Board have been complied with.

(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 or any other media including the electronic media as the Board may deem fit if no appeal against the order has been lodged under sections 27 and sections 29 within forty days of the date of the making of the order.

(3A) Any order made by the Board under paragraphs (1)(iii), (iv) and (v) may be published in such publication as the Board may deem fit if no appeal against the order is lodged under sections 27 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.

Unannotated Statutes of Malaysia - Principal Acts/VALUERS, APPRAISERS AND ESTATE AGENTS ACT 1981 Act 242/VALUERS, APPRAISERS AND ESTATE AGENTS ACT 1981 ACT 242/25.Removal from Register

25. Removal from Register

(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 a government medical officer as being of unsound mind or by reason of some other infirmity of body, mind or any other reason, is incapable of effectively performing the functions of a registered valuer, appraiser or estate agent;

(ca) who has been adjudged a bankrupt;

(d) who has failed to renew his authority to practise within three months of the expiry thereof or has failed to comply with any of the conditions of renewal; 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 or, in the case of a probationary valuer or probationary estate agent, surrender his letter of registration to the Board 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;

(b) which has contravened or failed to comply with any of the terms or conditions of its registration; or

(d) where any of the circumstances specified in (ca), (d) and (e) arises.

Unannotated Statutes of Malaysia - Principal Acts/VALUERS, APPRAISERS AND ESTATE AGENTS ACT 1981 Act 242/VALUERS, APPRAISERS AND ESTATE AGENTS ACT 1981 ACT 242/26.Reinstatement

26. Reinstatement

(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 from the Register or the Register of Probationary Valuers/ Probationary Estate Agents, as the case may be.

(3) Any person whose name has been removed from the Register or the Register of Probationary Valuers[#8260]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.

Unannotated Statutes of Malaysia - Principal Acts/VALUERS, APPRAISERS AND ESTATE AGENTS ACT 1981 Act 242/VALUERS, APPRAISERS AND ESTATE AGENTS ACT 1981 ACT 242/27.Appeal

27. Appeal

(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;

(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.

Unannotated Statutes of Malaysia - Principal Acts/VALUERS, APPRAISERS AND ESTATE AGENTS ACT 1981 Act 242/VALUERS, APPRAISERS AND ESTATE AGENTS ACT 1981 ACT 242/28.Appeal Board

28. Appeal Board

(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 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.

(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 re-appointment.

(3) The Board shall provide the Appeal Board with such secretarial services as are necessary for the Appeal Board to fulfil its functions.

Unannotated Statutes of Malaysia - Principal Acts/VALUERS, APPRAISERS AND ESTATE AGENTS ACT 1981 Act 242/VALUERS, APPRAISERS AND ESTATE AGENTS ACT 1981 ACT 242/29.Procedure for appeal

29. Procedure for appeal

(1) A notice of appeal referred to in section 27 shall be made in the prescibed form.

(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.

Unannotated Statutes of Malaysia - Principal Acts/VALUERS, APPRAISERS AND ESTATE AGENTS ACT 1981 Act 242/VALUERS, APPRAISERS AND ESTATE AGENTS ACT 1981 ACT 242/30.Offences

Part VIII GENERAL

30. Offences

(1) 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;

(b) wilfully makes or causes to be made any falsification in the Register or Register of Probationary Valuer/ Probationary Estate Agent or Register of Firms;

(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;

(i) acts in contravention of section 21 or section 22c; or

(j) aids and abets in the commission of an offence under this Act, commits an offence and is liable on conviction to a fine not exceeding three hundred 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 one thousand ringgit for each day during the continuance of such offence.

(2) Any person who, without any lawful authority--

(a) acts as a valuer, appraiser or estate agent for any party or acts in any capacity as a valuer, appraiser or estate agent whether the primary or principal object of his business is valuation, appraisal or estate agency or whether any incidental part of his business is valuation, appraisal or estate agent; or

(b) wilfully or falsely pretends to be, or takes or uses any name, title, addition or description implying that he is duly qualified or authorized to act as, a valuer, appraiser or estate agent, or that he is by law so qualified or authorized, commits an offence and is liable on conviction to a fine not exceeding three hundred thousand ringgit or to imprisonment for a term not exceeding three years or to both.

(3) No costs, commission, fee, reward or any other consideration in respect of anything done by an unauthorised person in respect of any act which is an offence under subsections (1) or (2) shall be recoverable in any court.

Unannotated Statutes of Malaysia - Principal Acts/VALUERS, APPRAISERS AND ESTATE AGENTS ACT 1981 Act 242/VALUERS, APPRAISERS AND ESTATE AGENTS ACT 1981 ACT 242/30a.Search by warrant

30a. Search by warrant

(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.

(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.

Unannotated Statutes of Malaysia - Principal Acts/VALUERS, APPRAISERS AND ESTATE AGENTS ACT 1981 Act 242/VALUERS, APPRAISERS AND ESTATE AGENTS ACT 1981 ACT 242/30b.Search and seizure without warrant

30b. Search and seizure without warrant

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.

Unannotated Statutes of Malaysia - Principal Acts/VALUERS, APPRAISERS AND ESTATE AGENTS ACT 1981 Act 242/VALUERS, APPRAISERS AND ESTATE AGENTS ACT 1981 ACT 242/30c.List of things seized

30c. List of things seized

(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

Unannotated Statutes of Malaysia - Principal Acts/VALUERS, APPRAISERS AND ESTATE AGENTS ACT 1981 Act 242/VALUERS, APPRAISERS AND ESTATE AGENTS ACT 1981 ACT 242/31.Penalty for other offences

31. Penalty for other offences

(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 two hundred thousand ringgit.

(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.

Unannotated Statutes of Malaysia - Principal Acts/VALUERS, APPRAISERS AND ESTATE AGENTS ACT 1981 Act 242/VALUERS, APPRAISERS AND ESTATE AGENTS ACT 1981 ACT 242/31a.Immunity of Board

31a. Immunity of Board

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.

Unannotated Statutes of Malaysia - Principal Acts/VALUERS, APPRAISERS AND ESTATE AGENTS ACT 1981 Act 242/VALUERS, APPRAISERS AND ESTATE AGENTS ACT 1981 ACT 242/32.Board may make rules

32. Board may make rules

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.

Unannotated Statutes of Malaysia - Principal Acts/VALUERS, APPRAISERS AND ESTATE AGENTS ACT 1981 Act 242/VALUERS, APPRAISERS AND ESTATE AGENTS ACT 1981 ACT 242/33.Saving as to right of Government

33. Saving as to right of Government

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.

Unannotated Statutes of Malaysia - Principal Acts/VALUERS, APPRAISERS AND ESTATE AGENTS ACT 1981 Act 242/VALUERS, APPRAISERS AND ESTATE AGENTS ACT 1981 ACT 242/34.Consequential amendments to the Registration of Surveyors Act 1967

34. Consequential amendments to the Registration of Surveyors Act 1967

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.

Unannotated Statutes of Malaysia - Principal Acts/VALUERS, APPRAISERS AND ESTATE AGENTS ACT 1981 Act 242/VALUERS, APPRAISERS AND ESTATE AGENTS ACT 1981 ACT 242/35.Repeal

35. Repeal

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.

Unannotated Statutes of Malaysia - Principal Acts/VALUERS, APPRAISERS AND ESTATE AGENTS ACT 1981 Act 242/VALUERS, APPRAISERS AND ESTATE AGENTS ACT 1981 ACT 242/First Schedule