VALUERS, APPRAISERS AND ESTATE AGENTS RULES 1986
In exercise of the powers conferred by section 32 of the Valuers, Appraisers, Estate
Agents Act 1981, the Board of Valuers, Appraisers and Estate Agents, with the
approval of the Minister, makes the following rules :
PART I
PRELIMINARY
Interpretation
Rule 2
In these Rules, unless the context otherwise requires –
“advertisement” means any material or product used in the
mass media, electronic media or digital media and any
published material of any kind whatsoever issued or exhibited
by or, on the authority of a registered valuer, appraiser and
estate agent primarily designed to promote the registered
valuer’s, appraiser’s and estate agent’s business;
“ Wanted Advertisement”
Deleted.
Committees
Rule 8
(1)
The Board may from time to time by resolution appoint
committees from among its members or any other person and
the Board may by resolution at any time dissolve any
committee so appointed.
PART III
REGISTRATION OF PERSONS
Forms of application
Rule 17
(1)
Every person desirous of being registered as a valuer, estate
agent, probationary valuer, or probationary estate agent under
the Act shall apply to the Registrar in either Form A (Valuer),
Form B (Estate Agent), Form A1 (Probationary Valuer) Form
B1 (Probationary Estate Agent) in the Second Schedule.
(2)
All such applications shall be accompanied with the processing
fee prescribed in the Third Schedule.
( 3)
The Board may issue guidelines on registration from time to
time.
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Rule 18
(1)
(2)
Within seven working days of the receipt of an application for
registration, the Registrar shall (a)
submit it to the Board; or
(b)
cause copies of it to be delivered to every member of
the Board.
Subject to paragraph (4), the Board shall decide upon the
application within ninety days of the date of the submission of
the application or the delivery of the copies thereof under
paragraph (1), as the case may be :
Provided that the time limit prescribed in this paragraph shall
not apply to applications made under Section 22A (2) of the
Act.
(3)
The delivery under subparagraph (b) of paragraph (1) of a copy
of an application to a member of the Board may be effected (a)
by handing it personally to the member;
(b)
by leaving it at the business premises or office of the
member in the custody of -
(c)
(4)
(i)
a partner or an employee of the member; or
(ii)
the member’s employer; or
(iii)
an employee of the member’s employer; or
by sending it by ordinary post to the member to his
home, business or office address.
The period of ninety days specified in paragraph (2) shall begin
seven working days after the application is received by the
Registrar.
Applicant to be notified.
Rule 19
(1)
(2)
The Registrar shall notify the decision of the Board to the
applicant by ordinary post within seven working days of the
date of the decision.
The notification under paragraph (1) must state the date of the
decision.
2
Registration of Probationary Valuers and Probationary
Estate Agents
Rule 20A
(1)
Any person whose application for registration as a probationary
valuer or a probationary estate agent has been approved shall
within ninety days of the date of notification under Rule 19, pay
the registration fee as prescribed in the Third Schedule.
(2)
Failure to pay the registration fee within the period stipulated
under paragraph (1) shall be treated as a withdrawal of the
application by the applicant and no application from him shall
be considered before the expiry of one year from the date on
which his previous application was approved:
Provided that the Board may consider an application received
before the expiry of the aforementioned period if it is satisfied
that the failure to pay the registration fee was for sufficient
cause and reason.
(3)
Rule 21
(3)
On receipt of the prescribed fees the Registrar shall issue a
testamentary statement indicating that the person concerned is
(a)
a registered probationary valuer working under the
supervision of a registered valuer in a registered
valuation firm or in any other establishment as the
Board may approve; or
(b)
a registered probationary estate agent working under
the supervision of a registered estate agent in a
registered estate agency firm.
All such authorities to practice shall be displayed in a
conspicuous place by the registered valuer, appraiser or estate
agent in his place of business registered with the Board.
Special authority to practice valuation.
Rule 22
(3)
Within seven working days of the receipt of an
application for a special authority to practice valuation the
President shall decide upon the application.
(4)
Every applicant shall be notified by ordinary post of the
decision of the President and the date of such decision within
seven working days of the date of such decision.
(5)
Any person whose application for a special authority to practice
valuation has been approved shall within fourteen working
days of the date of notification pay the fee prescribed in the
Third Schedule.
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Application for renewal.
Rule 23
(1)
An application for renewal of an authority to practice issued
under rule 21 shall be in Form D in the Second Schedule.
(1A)
An application under paragraph (1) shall be accompanied by (a)
a detailed statement of the hours attended in the
Continuous Professional Development programme and
copies of the relevant certificates of attendance,
(b)
a declaration that the registered valuer, appraiser or
estate agent has not been adjudged a bankrupt; and
(c)
such other documents as the Board may require.
(2)
The renewal fee for an authority to practice shall be as
prescribed in the Third Schedule.
(3)
Every applicant who applies for renewal of an authority to practice
shall be notified of such renewal in Form K in the Second Schedule.
Duplicate authority to practice.
Rule 24
(1)
All applications for a duplicate authority to practice shall be
made in Form E in the Second Schedule and shall be
accompanied by the prescribed fee.
(2)
The fee payable for a duplicate authority to practice shall be as
prescribed in the Third Schedule.
(3)
An application for a duplicate authority to practice shall be
accompanied with a police report made on the loss of the
certificate
Cessation of registration of a person
Rule 25A
(3)
The registered valuer, appraiser or estate agent or his
representative shall, not later than fourteen working days after
the cessation of practice as a valuer, an appraiser or an estate
agent cause such cessation to be advertised in at least one
national daily newspaper and furnish a copy of the
advertisement to the Board.
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PART IIIA
REGISTRATION OF FIRMS
Application for registration
Rule 25B
(1)
Every registered valuer, appraiser or estate agent desirous
of practicing valuation, appraisal, or estate agency under
section 23 of the Act shall apply to the Registrar in Form N in
the Second Schedule.
(2)
Every application shall be accompanied by the proposed
letterhead of the firm and the processing fee prescribed in
the Third Schedule.
Submission of application to Board
Rule 25C
(1)
(2)
If the Registrar is satisfied that an application under rule 25B
satisfies the requirements of section 23 of the Act and these
Rules, the Registrar shall within seven working days of the
receipt of the application
(a)
submit it to the Board; or
(b)
cause copies of it to be delivered to every member of
the Board.
Subject to paragraph (4), the Board shall decide upon the
application within thirty working days of the date of the
submission of the application or the delivery of the copies
thereof under paragraph (1), as the case may be.
Consideration of application
Rule 25D
(1)
On receipt of an application made under rule 25B, the Board
shall satisfy itself as to the following matters;
(d)
that the applicant is not an undischarged bankrupt.
5
Notification of Board’s decision
Rule 25E
(1)
The Registrar shall notify the decision of the Board to the
applicant by ordinary post within seven working days of the
date of the decision.
(2)
The notification under paragraph (1) must state the date of the
decision.
Registration fee
Rule 25F
(1)
Any person whose application for registration as a valuation,
appraisal or estate agency firm has been approved shall, within
fourteen working days of the date of notification under rule
25E, pay the registration fee as prescribed in the Third
Schedule.
Authority to practice as a firm
Rule 25G
(3)
An authority to practice shall be displayed in a conspicuous
place by the registered firm at its place of business
registered with the Board and at each of its branch offices, if
any.
Withdrawal of authority to practice as a firm
Rule 25H
The Board shall withdraw the authority to practice issued under
Rule 25G if it is satisfied that (c) The applicant has failed to comply with any of the
provisions of the Act and Rules.
Renewal of authority to practice as a firm
Rule 25I
(2)
An application under paragraph (1) shall be accompanied by -
(e)
a copy of the professional indemnity insurance; and
Duplicate authority to practice as a firm
Rule 25J
(3)
An application for a duplicate authority to practice shall be
accompanied with a police report made on the loss of the
certificate.
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Change of name or address of firm
Rule 25L
(6)
The registered firm shall, not later than fourteen working days
after the date of receipt of the certificate referred to in
subparagraph (b) of paragraph (4), cause such change of
name or change of business address to be advertised in at
least one national daily newspaper and furnish a copy of the
advertisement to the Board.
Cessation of firm
Rule 25M
(2) (b) If a registered firm ceases to practice under this rule it
shall not affect any rights or obligations of the registered
firm or render defective any legal proceedings by or
against the registered firm and any legal proceedings that
might have continued or commenced by or against the
registered firm by its former name may be continued or
commenced by or against the former registered firm by its
former name.
(3)
The registered firm or its representative shall, not later than
fourteen days after the cessation of practice of valuation,
appraisal or estate agency cause such cessation to be
advertised in at least one national daily newspaper and
forward a copy of the advertisement to the Board.
PART IV
Directories
Rule 28
(2)
Copies of the directories published under paragraph (1) may
be offered for sale.
Applications
Rule 31
(2)
Application forms duly signed by the candidate must be
submitted to the Registrar before such date as may be
specified by the Board.
Eligibility
Rule 32
(1)
Candidates for these examinations shall not be less than
seventeen years of age on the year of the examination.
(2)(c) Candidates for the estate agent’s examination must show
proof to the satisfaction of the Board that they possess not less
than a Sijil Pelajaran Malaysia or its equivalent with not less
than five subject passes and three credit level passes
of
which at least one of the credit level passes shall be in
Mathematics or Accounts or Commerce.
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(3)
Deleted.
(4)
Deleted.
Valuer’s examinations
Rule 33
(3A)
A candidate may be exempted from the practical
examination under the Test of Professional Competence
and be allowed to take the Test of Professional
Competence if the Board is satisfied that the candidate
has accumulated adequate practical experience.
(6A)
Notwithstanding subparagraph (6) , the Board may at its
sole discretion extend the time for the completion of the
Examination if it is satisfied that there is sufficient cause
and reason.
(7)
A candidate for the Test of Professional Competence shall
satisfy the following conditions:
(a)
has passed the Final Examination or the Direct Final
Examination, as the case may be, specified in
paragraph (1) or has passed the examinations of an
institution of higher learning or a professional institution
as approved by the Board.; and
(b)
has been registered as a probationary valuer for at
least two years prior sitting for the Test of
Professional Competence under the Act;
(c)
has completed two years of post-qualifying practical
experience in Malaysia in a registered valuation firm
or in any other establishment as the Board may
approve and under the supervision of a registered
valuer.
Estate Agent’s examinations
Rule 33A
(1)
(2)
The estate agent’s examinations set by the Board shall consist
of (a)
Written Examination; and
(b)
Test of Professional Competence.
The Test of Professional Competence shall consist of a
practical examination and an oral examination.
8
(3)
A candidate shall pass all the subjects in the written
Examinations in subparagraph (1)(a) to be eligible to
proceed to the Test of Professional Competence.
(4)
A candidate may be exempted from the practical
examination under the Test of Professional Competence
and be allowed to take the Test of Professional
Competence if the Board is satisfied that the candidate
has accumulated adequate practical experience.
(5)
A candidate shall pass all of the subjects in the written
Examinations specified in subparagraph (1) (a) within a
period of five years.
(5A)
Notwithstanding subparagraphs (5) and (5A), the Board
may at its sole discretion extend the time for the
completion of the Written Examination if it is satisfied that
there is sufficient cause and reason.
(6)
A candidate for the Test of Professional Competence shall
satisfy the following conditions:
(a)
has been registered as a probationary estate agent for
at least two years prior sitting for the Test of
Professional Competence under the Act; and
(b)
has either -
(c)
(i)
passed the written Examination specified in
paragraph (1)(a) and completed two years of
post-qualifying practical experience in an estate
agency firm; or
(ii)
passed the examinations of an institution of
higher learning or a professional institution and
completed one year of post-qualifying practical
experience under a registered estate agent in
an estate agency firm; or
(iii)
passed any other examinations approved by the
Board and completed two years of postqualifying practical experience in an estate
agency firm.
satisfies all the conditions specified by the Board.
(7)
The Board may issue guidelines to facilitate the conducting of
the Test of Professional Competence.
(8)
A candidate who has passed the Test of Professional
Competence shall be considered to have passed the estate
agent’s examinations.
9
Passing marks
Rule 36
The passing marks for each subject of the examinations and
the Test of Professional Competence shall be prescribed in
the guidelines.
Credits in examination
Rule 37
(1)
(a) Candidates may take all or any of the subjects prescribed
for any Examination in the valuer’s examination at one sitting
and be given credits for the subject passed.
(a) Candidates may take all or any of the subjects
prescribed for the Examination in the estate agent’s
examination at one sitting and be given credits for the
subject passed.
(1A)
The credits acquired under paragraph (1) shall lapse if the
candidate fails to pass the relevant Examination in the attempts
and within the periods specified in paragraph (6) of Rule 33 or
paragraph (5) of Rule 33A as the case may be.
(2)
Deleted.
Credits in the Test of Professional Competence
Rule 37A
(1)
A candidate for the Test of Professional Competence shall
be given credits for the parts passed.
(2)
A candidate who has obtained credits in all the parts of the
Test of Professional Competence shall be considered as
having passed that Examination.
Fees
Rule 39
(1)
The fees for the Board’s examinations are as prescribed in the
Fifth Schedule.
(2)
Any candidate who has not paid the prescribed fees shall not
be allowed into the examination centres.
(3)
Candidates withdrawing from the examinations at any time but
not within thirty calendar days before the said examination
shall forfeit fifty percent (50 %) of their fees.
(4)
Candidates withdrawing within thirty calendar days of the
said examinations shall forfeit one hundred percent (100 %) of
their fees.
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(5)
Candidates absenting themselves
from the examination shall
forfeit all their fees and candidates
producing medical
certificates
acceptable to the Board certifying
that
they
were made incapable of
sitting for the examinations due to
illness shall have the whole or part
of their fees returned to them
at the discretion of the Board.
Appeals
Rule 40
(1)
Any candidate dissatisfied with the marking of his answer
papers may appeal to the Board within thirty days of the date of
receipt of the notification of the results.
(2)
The Board shall not consider any appeal before the payment of
the fee as prescribed in the Fifth Schedule and such fee is
non refundable.
PART VI
EXEMPTIONS AND PRACTICAL EXPERIENCE
Rule 43
(2)
For the purpose of subrule (1) the Board may
consider the (a)
the minimum entry requirements of such institutions;
(b)
the syllabus content and whether or not the subjects
studied have relevance to Malaysian practice;
(c)
the questions set;
(d)
the standard of marking;
(e)
the library facilities of the institutions; and
(f)
the practical experience gained by the applicant while
studying at such institutions.
(3)
The Board may exempt candidates from any subject of its
written examination if it is satisfied that a candidate has
obtained a pass in any subject of an examination which it
considers equivalent or higher to such subject and such
exemption shall be subject to a fee as prescribed in the
Fifth Schedule.
(4)
Deleted.
11
Examinations of other institutions
Rule 44
(1)
An institution of higher learning or professional institution
either in Malaysia or overseas desirous of having their
course accredited or reaccredited shall apply to the Board
for accreditation of its course.
(2)
Every application shall be accompanied by the processing
fee prescribed in the Fifth Schedule.
(3)
The Board may accredit and approve the courses of
institutions of higher learning or professional institutions
either in Malaysia or overseas that the Board considers of
a standard not less than that of its written examinations.
(4)
The courses accredited shall be published by the Board
from time to time.
(5)
The Board may withdraw its recognition of a particular
course if there are any changes made to the course or the
terms or conditions of approval are breached.
Practical Experience
Rule 45
(1)
The Board shall be satisfied that a candidate has the minimum
practical training and experience specified in paragraphs (1A)
and (1B) before registering him as a valuer or an estate agent
under the Act.
(1A)
The minimum practical training and experience required for a
candidate to be registered as a valuer are (a)
deleted
(b)
that he has either(i)
two years post-qualifying practical training and
experience in Malaysia in a
registered
valuation firm or any other establishment as
the Board may approve and supervised by a
registered valuer after the date of the coming
into force of the Act; or
(ii)
three years experience lecturing in programs
recognized by the Board in a recognised
institution of higher learning with either -
(A)
a minimum of 1,600 hours of practice on a parttime basis in a valuation establishment in
Malaysia under a registered valuer ; or
(B)
a minimum of six months continuous full-time
employment in a valuation establishment in
Malaysia under a registered valuer
12
(1B)
The minimum practical training and experience required for a
candidate to be registered as an estate agent are (a)
Deleted
(b)
that he has two years post-qualifying practical training
and experience in Malaysia under a registered estate
agent in a registered estate agency firm.
(c)
that he satisfies all the conditions specified by the
Board.
(1C)
Notwithstanding subparagraph (b) of paragraph (1B), the
Board may reduce the period of post-qualifying practical
training and experience required to one year if the candidate
possess qualification that is recognized by the Board.
(2)
The two years post-qualifying practical training and experience
required under subparagraph (i) of subparagraph (b) of
paragraph (1A) and subparagraph (b) of paragraph (1B) shall
be on a full-time basis.
(3)
The Board may exempt any candidate from the Test of
Professional Competence for valuers or the Test of
Professional Competence for estate agents if it is satisfied that
the candidate has passed a similar test which it considers as
equivalent or of high standard, and such exemption shall be
subject to a processing fee as prescribed in the Fifth Schedule.
(4)
The Test of Professional Competence which the Board
considers of a standard not less than its tests shall be as
published from time to time.
PART VII
SCALE OF FEES
Scale of fees
Rule 48
The scale of fees to be charged by the registered valuers,
appraisers and estate agents for professional advice or
services rendered shall be in accordance to the Seventh
Schedule.
(2) Deleted
13
PART VIII
CLIENT’S ACCOUNTS
Client’s account
Rule 49
(1)
A registered firm that practices estate agency or property
management shall maintain at least one client’s account
or as many such accounts as it considers fit for the
respective practice.
(1A) Deleted
(3)
No money may be drawn from a client’s account otherwise than under
the signature of at least one of the following :
(a)
the registered valuer, appraiser or estate agent ;
(b)
the partner or director of the firm of the registered
valuer, appraiser or estate agent ;
(c)
a registered valuer, appraiser or estate agent
employed by the registered valuer, appraiser or estate
agent in his firm;
(d)
Deleted.
(e)
in exceptional circumstances, a person not falling
within subparagraph (a), (b) or (c) expressly approved
by the Board;
Provided that any signatory referred to in sub-paragraph (c) or
(e) is covered in the registered valuer’s, appraiser’s or estate
agent’s firm’s Professional Indemnity Insurance policy and
Fidelity Guarantee Insurance Policy.
Exception
Rule 54
(1)
Notwithstanding the provisions of these Rules a registered firm
shall not be under an obligation to pay into a client’s account
moneys held or received by it (b)
(2)
which are received by it in the form of cheque or draft
in the ordinary course of business to a client or on his
behalf to a third party and are not passed by the
registered firm through a bank account; or
Notwithstanding the provisions of these Rules, a registered
firm shall not pay into a client’s account money held or
received by it -
14
(a)
which it received by it for or towards payment of a debt
due to the registered firm from a client or in
reimbursement of money expended by the registered
firm on behalf of a client:
PART IX
CODE OF CONDUCT AND ETHICS
(REGISTERED VALUERS AND APPRAISERS)
Fee contingent on result
Rule 67
Deleted.
Payment of commission
Rule 68
Deleted
Participation of others in profits
Rule 70
Deleted
Professional work by registered valuer or appraiser in
employment
Rule 71
Rule 75
(2)
A practising registered valuer or appraiser shall not, without
the prior written approval of the Board, be gainfully employed
elsewhere.
(3)
A registered valuer or appraiser in the employment of a nonvaluation firm shall not operate a valuation or appraisal firm.
Valuation reports
(4)
All valuation reports shall comply with the Malaysian
Valuation Standards, directives, circulars and guidelines
which may be issued by the Board from time to time.
15
Associateship and affiliation
Rule 78
(1)
A registered valuer or registered appraiser or firm
desirous of entering into any professional
associateship or into any form of professional
affiliation with any other person or organization shall
apply to the Board for its approval.
(2)
Every application shall be
processing fee prescribed
together with a copy of
Affiliation Agreement and
documents.
(3)
A registered valuer or registered appraiser or
firm shall submit to the Board a fresh copy of the
agreement if there are any changes or variation
made to the original agreement.
accompanied by the
in the Third Schedule
the
Association
or
all
other
relevant
PART X
CODE OF CONDUCT AND ETHICS
(REGISTERED ESTATE AGENTS)
Conduct of registered estate agent
Rule 84
(1)
A registered estate agent shall act towards his client in all
professional matters strictly in a fiduciary manner and shall
hold as confidential the results and other findings of his work
and any report, until released from his obligation by his client,
or until the transaction or proceedings for which the work or
report was made have lapsed or been completed;
Provided that he shall not be deemed to commit a breach
of this paragraph by reason of his answering any
questions which he is legally compellable to answer.
(2)
(3)
A registered estate agent shall refrain from any act that abuses
or takes advantage of the confidence reposed in him by his
client for his personal benefit as gain.
The conduct of a registered estate agent in relation to other
registered estate agents shall be characterized by candour,
courtesy and fairness.
16
Protection of Public
Rule 87
Rule 89
(3)
A registered estate agent shall act both within the
law and in the best interest of the client. However, his
duty does not excuse him from acting fairly to all parties
involved in the proposed sale and purchase or rental
transaction.
(1)
Nothwithstanding Rule 48, a registered estate agent may
accept in respect for his professional work any fee more than
that prescribed for that work by the Scale of Fees specified in
the Seventh Schedule with the written consent of the Board.
Participation of others in profits
Rule 91
(1)
Deleted
(2)
A registered estate agent may pay a commission to a member
of his staff who is under his control or supervision in the
aggregate to be determined by the Board from time to time.
Professional
employment
Rule 94
work
by
registered
estate
agent
in
(2)
A practicing registered estate agent shall not, without the prior
written approval of the Board, be gainfully employed
elsewhere.
(3)
A registered estate agent in the employment of a non estate
agency firm shall not operate an estate agency firm.
Signature on report, etc.
Rule 102
(2)
Without prejudice to paragraph (1) all reports and documents
regarding professional instructions, options, professional
advice to a client, offers to sell, offers to purchase or offers to
let property, letters of acceptance, professional fees, the
commission of negotiators and other professional matters shall
require the signature and registered number of the estate
agent.
17
Associateship and Affiliation
Rule 104
(1)
A registered estate agent or registered firm desirous
of entering into any professional associateship or
into any form of professional affiliation with any
other person or organization shall apply to the Board
for its approval.
(2)
Every application shall be accompanied by the
processing fee prescribed in the Third Schedule
together with the Association or Affiliation
Agreement.
(3)
A registered estate agent or a registered
firm
shall submit to the Board a fresh copy of the
agreement if there are any changes or variation
made to the original agreement.
Conduct in proceedings before Board
Rule 107
(2)
Deleted
(3)
Deleted
Performance of obligations under the Act and the Rules
Rule 110
(1)
Every registered estate agent shall at all times faithfully
observe and perform all his obligations under the Valuers,
Appraisers and Estate Agents Act 1981 and any Rules made
thereunder.
(2)
Every registered estate agent shall at all times comply with the
Malaysian Estate Agency Standards and every directive,
circular, guideline and decision of the Board.
18
PART XI
ADVERTISEMENTS TO PROMOTE BUSINESS
Rule 111.
An advertisement made by a registered valuer, appraiser or
estate agent shall contain the firm’s name, registration number,
the office telephone number and may include the Board’s logo,
firm’s address, and the signature of the registered person where
necessary.
Rule 112
(1)
(2)
An advertisement made or to be made by a registered valuer,
appraiser, estate agent or firm shall not contain the following :
(a)
an inaccurate or misleading statement of fact;
(b)
an explicit comparison between the service offered by a
firm with that of other firms; and
(c)
self-laudatory statements.
No advertisement made or to be made by a registered valuer,
appraiser, estate agent or firm shall be located or placed in
an undesirable place and so designed in respect of wording,
content, layout, illustration, caricature or arrangement as to
bring the profession into disrepute or to undermine public
confidence in the services provided by registered valuers,
appraisers, or estate agents.
Advertisement for Staff
Rule 113
Deleted
Printed Notices
Rule 114
Deleted.
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Advertisement of commercial concern
Rule 115
Deleted
Content of Advertisements and Announcements
Rule 115A
Deleted
Rule 116
Deleted
Rule 117
Deleted
Business cards
Rule 118
Deleted
Rule 119
Deleted
Postal, franks, envelopes, label etc.
Rule 120
Deleted
Letterheads
Rule 121
Rule 122
A registered valuer, appraiser, or estate agent shall print on
his letterhead he uses his firm’s name, firm’s registration
number, the address, telephone number, fascimile number.
Signboards, banners and posters
(1)
A registered valuer, appraiser or registered estate agent shall
include in his signboards, banners or posters the firm’s
name, registration number, and office telephone number.
Publications in journals, newspapers, etc
Rule 123
(1)
Deleted
Rule 124
The Board may from time to time issue guidelines on
advertisement and publicity for registered valuers, appraisers,
estate agents and the firms which shall be complied by the
registered valuers, appraisers, estate agents and the firm.
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PART XV
DISCIPLINARY PROCEDURE
Rule 131 Interpretation
In this rules, unless the context otherwise requires –
“ Complaint” means a written complaint concerning the misconduct of a
registered valuer, appraiser, estate agent or probationary valuer or
probationary estate agent or the firm;
“Complainant” means a person who has made a complaint, whether personally
or through his solicitor, and includes the Board;
“Complaints Investigating Committee” means a Committee established to
investigate into a complaint;
“Disciplinary Board” means the Board constituted to hear the charges
preferred against a registered valuer, appraiser, estate agent or probationary
valuer or probationary estate agent or a registered firm.
Rule 132. Complaint
A complaint concerning the conduct of a registered valuer, appraiser, estate
agent, probationary valuer or probationary estate agent or a registered firm
shall be referred to the Complaints Investigating Committee if the Board
deems that a formal investigation is necessary.
Rule 132A
Rule 132B
Withdrawal of Complaint
(1)
A complainant may at any time, by letter addressed
to the Board withdraw his complaint.
(2)
Upon receipt of a letter of withdrawal under sub-rule
(1), the Registrar shall forthwith inform the Chairman
of the Complaints Investigating Committee in writing
of the withdrawal of the complaint enclosing a copy
of the letter of withdrawal.
(3)
Subject to Rule 2, the Registrar shall strike out
complaint from the register.
the
Board may proceed with the complaint
Notwithstanding the withdrawal of a complaint under Rule
132A and without prejudice to its right to make a complaint
of its own motion, the Board may, if it considers there is
merit in the complaint, proceed with the complaint as if it
was made of its own motion.
21
Rule 133 Complaints Investigation Committee
(1)
The
Complaints
Investigation
Committee
investigate any complaint that has been referred to
shall
it.
(2)
The Board shall appoint at least five members from among
the members of the Board to be members of the
Complaints Investigation Committee.
(3)
A complaint concerning the conduct of a registered
valuer,
appraiser, estate agent or probationary
valuer or
probationary estate agent or
registered
firm shall, unless the
Board otherwise directs be
considered by not less than two members
of
the
Complaints Investigating Committee, one of whom
shall be the Chairman of the Committee.
Investigation
Rule 134A
(2) (c)
may obtain the assistance of an employee of the Board or
any other person.
(3)
The registered valuer, appraiser or estate agent or
probationary valuer or probationary estate agent shall
provide the Complaints Investigation Committee with all
documentary evidence upon request.
(4)
Deleted
(5)
Deleted
(6)
If a registered valuer, appraiser, estate agent or a registered
probationary valuer, or probationary estate agent required to
appear before a Complaints Investigation Committee on the
date and time appointed for the hearing fails to appear, and if
no sufficient ground is shown for an adjournment, the
Complaints Investigation Committee may proceed to consider
and decide on the complaint or it may adjourn the hearing to a
future date.
(7)
On completion of its investigation, the Complaints Investigation
Committee shall forward its findings to the Board.
(8)
If the Board is of the opinion that the findings referred to in
paragraph (7) is not clear in any particular respect or that
further investigation is required, the matter may be referred
back of the Complaints Investigation Committee to carry out
further investigation.
22
(9)
If the Board is of the opinion that the findings referred to in
paragraph (7) discloses a prima facie case it shall order that
the complaint be referred to the Disciplinary Board for hearing.
(10)
A person who refuses or fails to provide any information
required by the Complaint Investigation Committee in the
exercise of its power under this rule commits an offence and is
liable on conviction to a fine not exceeding one thousand
ringgit.
(11) The Complaints Investigating Committee shall decide on its
own procedure of investigation.
Action by the Disciplinary Board
Rule 134B
Rule 134C
On receipt of the findings on the registered valuer, appraiser,
estate agent
or the registered probationary valuer,
probationary estate agent or the registered firm from the
Complaints Investigation Committee, or if the Board decides to
inquire into the complaint itself, the Registrar shall appoint a
date, time and place for meeting of the Disciplinary Board for
consideration of the findings or the complaint.
Notice of Disciplinary Board Hearing
(1)
If the Board decides that a complaint should be referred to the
Disciplinary Board under paragraph (9) of rule 134A, a notice
of hearing in Form A in the Tenth Schedule signed by the
Registrar shall be served on the registered valuer, appraiser,
estate agent or the registered probationary valuer, or
probationary estate agent or a firm concerned.
(2)
The notice of hearing shall (a)
contain a summary of the charge preferred;
(b)
state the date, time and place when the complaint
made against the registered valuer, appraiser, estate
agent
or the registered probationary valuer, or
probationary estate agent concerned will be brought
before the Disciplinary Board;
(b)
call upon the registered valuer, appraiser, estate agent
or the registered probationary valuer, probationary
estate agent concerned to exculpate himself personally;
(d)
notify the registered valuer, appraiser, estate agent or
the registered probationary valuer, probationary estate
agent concerned that his notice of intention to appear
before the Disciplinary Board shall be received by the
Registrar within fourteen working days of the service
on him of the notice of complaint; and
23
(e)
notify the registered valuer, appraiser, estate agent or
the registered probationary valuer, probationary estate
agent concerned that the Disciplinary Board is entitled
to proceed in his absence.
Appearance before Disciplinary Board
Rule 135
(2)
Within fourteen working days of the service upon him
of a notice of complaint, the registered valuer,
appraiser, estate agent or the registered probationary
valuer or probationary estate agent concerned shall
deliver or sent by post to the Registrar a notice of
intention to appear.
(4)
If a registered valuer, appraiser,
estate agent or a
registered
probationary valuer, probationary
estate agent required to appear
before the
Disciplinary Board on the date and time appointed for
the
hearing fails to appear,
and if no
sufficient ground is provided for an adjournment, the
Disciplinary Board may proceed to
consider
and decide on the charge or it may adjourn the
hearing to a future date.
Power of Disciplinary Board to extend time
Rule 137
The Disciplinary Board shall have power to extend the time
within which a notice of intention to appear shall be made or to
alter the date of the Hearing provided adequate notice of such
alteration is given to the registered valuer, appraiser or estate
agent or the registered probationary valuer, probationary
estate agent concerned.
Effect of cancellation and suspension
Rule 141
(1)
If the Disciplinary Board resolves to cancel the registration of
the registered valuer, appraiser, estate agent or the registered
probationary valuer, probationary estate agent, or the
registered firm his name shall be removed from the Register
of Valuers, Appraisers, Estate Agents or the Register of
Probationary Valuers, Probationary Estate Agents, or the
Register of Firms as the case may be, and after that the
registered valuer, appraiser, estate agent or the registered
probationary valuer, probationary estate agent concerned
shall not use any designation or description implying that he is
a registered valuer, appraiser, estate agent or a registered
probationary valuer, probationary estate agent and shall
immediately return his authority to practice or his certificate of
registration, as the case may be.
24
Publication in newspaper
Rule 142
The Board shall publish in such newspapers or any other
publications or electronic media as it may deem fit of any
order made under section 24 of the Act provided no appeal
against the order has been lodged with the Appeal Board
pursuant to Sections 27 and 29 of the Act.
Members requiring restoration of rights
Rule 143
(2)
Deleted
(3)
Deleted
PART XV
APPEALS AND APPEAL BOARD
Form and deposit
Rule 144
(2)
Such deposit shall be used as payment towards the costs of
the appeal.
25
FOURTH SCHEDULE
(Rule 26)
A REGISTER OF VALUERS, APPRAISERS AND ESTATE AGENTS
PART I
VALUERS
26
Serial No.Registration
No.NamePostal
AddressQualification for
RegistrationDate of
RegistrationRemarksReside
ntial AddressNRIC No.Place
of EmploymentChange of
Address Registration No.NamePostal
AddressQualification for
RegistrationDate of
RegistrationRemarksReside
ntial AddressNRIC No.Place
of EmploymentChange of
Address NamePostal
AddressQualification for
RegistrationDate of
RegistrationRemarksReside
ntial AddressNRIC No.Place
of EmploymentChange of
Address Postal AddressQualification
for RegistrationDate of
RegistrationRemarksReside
ntial AddressNRIC No.Place
of EmploymentChange of
Address Qualification for
RegistrationDate of
RegistrationRemarksReside
ntial AddressNRIC No.Place
of EmploymentChange of
Address Date of
RegistrationRemarksReside
ntial AddressNRIC No.Place
of EmploymentChange of
Address RemarksResidential
AddressNRIC No.Place of
EmploymentChange of
Address Residential AddressNRIC
No.Place of
EmploymentChange of
Address NRIC No.Place of
EmploymentChange of
Address Place of EmploymentChange
of
Address Change of
Address 27
RegistrationRemarksReside
ntial AddressNRIC No.Place
of EmploymentChange of
Address Serial No.Registration
No.NamePostal
AddressQualification for
RegistrationDate of
RegistrationRemarksReside
ntial AddressNRIC No.Place
of EmploymentChange of
Address Serial No.Registration
No.NamePostal
AddressQualification for
RegistrationDate of
RegistrationRemarksReside
ntial AddressNRIC No.Place
of EmploymentChange of
Address Serial No.Registration
No.NamePostal
AddressQualification for
RegistrationDate of
RegistrationRemarksReside
ntial AddressNRIC No.Place
of EmploymentChange of
Address Serial No.Registration
No.NamePostal
AddressQualification for
RegistrationDate of
RegistrationRemarksReside
ntial AddressNRIC No.Place
of EmploymentChange of
Address Serial No.Registration
No.NamePostal
AddressQualification for
RegistrationDate of
RegistrationRemarksReside
ntial AddressNRIC No.Place
of EmploymentChange of
Address Registration No.NamePostal
AddressQualification for
RegistrationDate of
RegistrationRemarksReside
ntial AddressNRIC No.Place
of EmploymentChange of
Address NamePostal
AddressQualification for
RegistrationDate of
RegistrationRemarksReside
ntial AddressNRIC No.Place
of EmploymentChange of
Address Postal AddressQualification
for RegistrationDate of
RegistrationRemarksReside
ntial AddressNRIC No.Place
28
FIFTH SCHEDULE
(Rules 31,35,39,40,42,43 and 45)
EXAMINATIONS AND FEES
PART 1
APPLICATION TO SIT FOR THE EXAMINATIONS OF THE BOARD OF VALUERS,
APPRAISERS
AND ESTATE AGENTS, MALAYSIA
Name ( In Block Letters) :
Other names (In Block Letters) :
Sex:
Date of Birth :
Place of Birth:
Citizenship:
NRIC/Passport No.:
Place and Date of Issue:
Postal Address
Postcode:
Residential Address
Postcode:
I wish to sit for –
(a)
the following valuer’s examination:
(Please tick (√ ) the appropriate box)
(i) the First Examination
(ii) the Intermediate Examination
(iii) the Final Examination
(iv) the Direct Final Examination
(v) the Test of Professional Competence
(b)
the following estate agent’s examination:
(Please tick (√ ) the appropriate box)
(i) for estate agent’s written examination
(ii) the Test of Professional
Competence
I wish to apply for exemption for the following subjects for the Estate
Agent’s Written Examination:
......................................................................................................................
I agree to abide by the applicable rules of examination and to the
syllabus of the subjects indicated above which I have read and
understood. I understand that passing the above examination will not
make me eligible for registration until I satisfy the conditions of
registration.
I enclose the prescribed fee:
(a)
(b)
(c)
Processing fee
Examination fee
Exemption fee
RM…………
RM…………
RM...............
Total
RM………….
Date………………………………… ………………………………………….
Signature of Applicant
29
CANDIDATES DECLARATION
The candidate must furnish full replies to the following questions:
1.
Give particulars of education, including academic examinations
passed and the relevant dates (attach certified true copies of
certificates, etc., if any).
2.
Give particulars of any professional examinations passed.
FOR OFFICE USE ONLY
Form
Board
Issued
Presented
Acknowledged
Report
Examined by
Decision
Comments
Registration No.
30
PART II
FEES
Part A
(1)
1
2
3
4
Matter
Processing (per
application)
Valuers’ Examination:
(a) First Examination
(b) Intermediate
Examination
(c) Final Examination
(d) Direct Final
Examination
(2)
Valuer
RM 100.00
(3)
Estate Agent
RM 100.00
RM100 per subject
RM150 per subject
-
RM200 per subject
RM200 per subject
-
Estate Agent’s Written
Examination
(a) Processing
-
RM100
(b) Examination
-
RM100 per
subject
(c) Exemption
-
RM200 per
subject
Test of Professional
Competence:
(a) Processing
(b) Registration for
Test of
Professional
Competence
(c) Processing for
assessment of Test
of Professional
Competence
(d) Reassessment for
the Test of
Professional
Competence:
(a) Practical task
and professional
interview
(b) Practical task
only
(c) Professional
interview only
RM100
RM200
RM100
RM200
RM200
RM200
RM200
RM200
RM200
RM200
RM100
RM100
RM100
RM100
5.
Processing for
exemption
under TPC for
valuers
RM 200.00
RM 200.00
6
Appeal
RM 100.00
per
subject
RM 100.00 per
subject
4.
Penalty for late
application
RM 20.00
per
subject
RM 20.00 per
subject
31
5.
Forfeiture on
withdrawal:
(a) at any time
up to 30
days before
examination
(b) within
30
days
of
examination
6.
Supervision
7.
Invigilation
8.
Examiners:
(a) For setting
(b) For correcting
50% of
each
subject
fee
50% of each
subject fee
100% of
each
subject
fee
100% of each
subject fee
RM200.00 per
examination
RM200
Per examination
RM100 per
subject
RM100
per subject
RM300 per
Subject
RM200 per
subject
15.00 per paper
RM10.00 per
paper
Part B - Deleted
SIXTH SCHEDULE
Deleted
32
SIXTH SCHEDULE - Deleted
33
Seventh Schedule
A. VALUATION
1. Fees payable by the Land Administrator under the Land
Acquisition Act for Valuation reports.
From
To (RM)
Fees (RM)
1
50,000
1,500
50,001
500,000
2,500
500,001
1,000,000
3,500
(RM)
For awards greater than RM1,000,000 the fee shall be a
minimum of RM 3,500 plus the fee based on the following rate:
From (RM)
To (RM)
Rate
1,000,001
5,000,000
0.250%
5,000,001
10,000,001
15,000,001
10,000,00
0
15,000,00
0
50,000,00
0
>
0.200%
0.150%
0.075%
0.050%
50,000,000
The fees payable shall be based on the amount awarded by the
District Land Administrator. It shall be payable upon the
submission by the person claiming compensation based upon a
valuation report prepared by a registered valuer or appraiser in
accordance with the guidelines issued by the Board for the
valuation
report.
It
does
not
include
disbursements
nor
fees/disbursements for work done in preparation for negotiations
and court attendance.
2. Fee for capital valuation for submission to the Central
Bank of Malaysia.
34
From
(RM)
1
To (RM)
Fees (RM)
500,000
2,000
For valuations greater than RM500,000 the fee shall be a
minimum of RM 2,000 plus the fee based on the following
rate:
0.300% of the residue up to RM 5 million
0.250% of the residue up to RM 10 million
0.200% of the residue up to RM 50 million
0.100% of the residue up to RM200 million
0.075% of the residue over RM200 million
2A. Fee for Plant and Machinery valuation services.
From
(RM)
1
To (RM)
Fees (RM)
1,000,000
5,000
For valuations greater than RM1,000,000 the fee shall be a
minimum of RM 5,000 plus the fee based on the following
rate:
0.300% of the residue up to RM 5 million
0.250% of the residue up to RM 10 million
0.200% of the residue up to RM 50 million
0.100% of the residue up to RM200 million
0.075% of the residue over RM200 million
35
2B. Fee for capital valuation for submission to Securities
Commission.
From
(RM)
1
To (RM)
Fees (RM)
3 million
10,000
For valuations greater than RM3 million the fee shall be a
minimum of RM 10,000 plus the fee based on the
following rate:
0.300% of the residue up to RM 5 million
0.250% of the residue up to RM 10 million
0.200% of the residue up to RM 50 million
0.100% of the residue up to RM200 million
0.075% of the residue over RM200 million
3. Fee for other capital valuation/rating valuation services
based on an “Improved Value” basis.
From
(RM)
1
To (RM)
Fees (RM)
100,000
500
For valuations greater than RM100,000 the fee shall be a
minimum of RM 500 plus the fee based on the following
rate:
0.200% of the residue up to RM 5 million
0.175% of the residue up to RM 10 million
0.125% of the residue up to RM 50 million
0.075% of the residue up to RM200 million
0.050% of the residue over RM200 million
4. Fee for rental and rating valuation services.
36
From
(RM)
1
To (RM)
Fees (RM)
18,000
1,000
For valuations greater than RM18,000 the fee shall be a
minimum of RM 1,000 plus the fee based on the following
rate:
3.0% of the next RM 60,000 of annual rental
2.5% of the next RM 120,000 of annual rental
2.0% of the next RM 600,000 of annual rental
1.0% of the residue over RM 798,000 of annual
rental
5. Fee for mass valuation services for local authorities.
RM 50 per holding
The above fee is inclusive of all costs, except for the
additional claims for attendance at objection meetings and
judicial hearings.
5A
- Deleted
5B
- Deleted
5C. Fees for Retrospective Valuations
Fees up to ten times the scale fees may be charged, depending
on negotiations with the client.
However, such valuations shall not apply to land acquisition
valuations.
Such valuations must be retrospective to at least 5 years from
the current date
37
6. Additional Claims.
In addition to the fees stated in (1) to (5C) claims may be made
for :
1.
The cost of printing, plans, copies of documents,
lithography travelling and other expenses actually
incurred;
2.
Negotiations, attendance at meetings with solicitors,
consultants or authorities;
3.
Giving evidence before judicial bodies;
4.
Additional fees can be charged to the client for additional
works done in preparation for negotiations and court
attendance.
Note :
1.
The fees stated in items 6(2) and 6(3) are subject to
negotiation.
2.
The claims and fees stated in item 6(1) to 6(4) with
respect to land acquisition valuations shall not be
claimed against the land administrator.
B. PROPERTY MANAGEMENT
A monthly fee based on the following scale of the total
monthly equivalent of the annual outgoings for the
management and maintenance of the property :Outgoings (Monthly Equivalent)
Up to RM 100,000
100,001 to 250,000
250,001 to 500,000
500,001 to 1,000,000
Above 1,000,000
Fee
12%
10%
8%
6%
4%
Minimum fee : RM2000/- (for whole building/complex)
RM 200/- (for individual unit / property)
The expression “monthly fee” means the monthly fee
payable by the client to the property manager during the
period of the appointment for the property management
of the property.
The said fee shall be exclusive of the
following costs which are borne by the client : service tax;
onsite staff costs and insurance; onsite management
office costs comprising equipment, stationery, printing,
postages, dispatch & courier charges, internet, telephone
and faxes; maintenance and repairs expenses; insurance
38
of building and assets; quit rent; assessment rates;
sewerage
rates;
utility
charges,
auditing
of
annual
accounts; legal costs for recovery of arrears; circulars and
newsletters;
notices,
documentation,
additional
manpower, refreshments, venue, furniture and equipment
for general meetings.
The expression “annual outgoings” means the annual
expenditure for the management and maintenance of the
property in a budget year for the property, including but
not limited to, expenses for contractual building services,
property management fees, assessment and quit rent,
insurance, onsite management office and staff costs,
utilities,
renewal
of
licences
and
certificates,
book-
keeping, accounting and auditing costs, debt recovery
costs and general repairs and maintenance of building,
installation and facilities.
C. ESTATE AGENCY
1. Sale or Purchase
(a) Land and Buildings
Maximum fee of 3% of sale and purchase price
(b) Chattels including Plant and Machinery
Maximum fee of 10 % of the proceeds
2. Fees for other mode of transactions such as joint
venture, sale of company, property swaps, etc.
Fees are to be mutually agreed upon between the
estate agent and the client.
The minimum fee shall be RM2,000 per property.
The above scale applies to any sale or purchase by way of
private treaty, tender or any other mode of disposal or
acquisition.
For Sale and Marketing of projects by registered estate
agents, the fees are to be agreed between the estate
agent and the client.
For the sale of foreign properties in Malaysia or sale of
Malaysian properties in foreign countries, the minimum
fee shall not be lesser than 1% of the property value.
39
2. Lettings
Maximum (Fee
Duration of Tenancy
equivalent too)
1.25 months gross
Up to 3 years
rental
A further 0.25
month’s gross rental
Exceeding 3 years
for every additional
year regardless of
any rent review.
Minimum fee shall be of 1 month rental.
The commission for tenancy exceeding three (3) years
shall be based on the initial term rental provided always
the tenancy period is a fixed term.
3. Tenancy Renewal – 50% of the fees chargeable under
lettings
4. Additional Claims
In addition to the fees stated in items 1 to 3, claims may
be made for:
(a) the cost of printing, plans, copies of documents,
lithography, travelling and other expenses actually
incurred;
(b) the cost of media advertisements, signboards,
brochures and other promotional material.
Note: The above additional claims may not be incurred by
the registered estate agent without the prior concurrence
of the client.
40
TENTH SCHEDULE
FORMS
FORM A
(RULE 134B)
NOTICE OF CHARGE
To :
……………………………….
……………………………….
……………………………….
You are notified that the following charge have been made against you :
The charge has been referred to the Disciplinary Board which will hold a meeting onDate
:
Time
:
Place
:
to investigate and consider the charge.
You are entitled to appear before the Disciplinary Board and to rebut or explain the matters of which the charge is
made and you may do this either orally or in writing and personally or with counsel. You are required within twentyone days of the service of the notice of charge upon you to deliver or send by A.R Registered Post to me either a
reply to the charges and a notice of intention to appear. Should you fail to file such a reply and notice the
Disciplinary Board may consider and act upon the charge without further reference to you.
Date
: …………………
........................................
Registrar
Board of Valuers, Appraisers
and Estate Agents
Malaysia
41
FORM B
[RULE 140]
NOTICE OF DISMISSAL OF CHARGE
To
:
………………………
………………………
………………………
I am directed to inform you that the Disciplinary Board at its meeting held on ……………………… considered the
charges(s) levied against you and has decided to dismiss such charges(s).
Date
: ………………
…..………………………………..
Registrar
Board of Valuers, Appraisers
and Estate Agents
Malaysia
42
FORM C
[RULE 140]
ORDER OF REMOVAL OF NAME FROM *REGISTER OF VALUERS, APPRAISERS AND
ESTATE AGENTS/REGISTER OF PROBATIONARY VALUERS/PROBATIONARY ESTATE
AGENTS ACCORDING TO SUBSECTION (1) OF SECTION 24 OF THE VALUERS,
APPRAISERS AND ESTATE AGENTS ACT 1981
To
:
………………………
………………………
………………………
You are notified that the Disciplinary Board considered the charges(s) levied against you at its meeting held
on…………………………….. and is of the opinion that you have infringed………………………………………………
(state section or rule)
which reads as follows:
The Disciplinary Board accordingly orders that your name be removed from the *Register of Valuers, Appraisers and
Estate Agents/ Register of Probationary Valuers/Probationary Estate Agents with effect from…………………………….
Such removal will be published in the local newspapers as required by section 24 of the Act.
You may within thirty days of being notified of this Order appeal to the Board if you feel aggrieved by this Order
failing which you are required to surrender to the Board your authority to practice.
Date
: ………………...
.............................................
Registrar
Board of Valuers, Appraisers
and Estate Agents Malaysia
43
FORM D
(Rule 140)
ORDER OF SUSPENSION OF REGISTERED *VALUER / APPRAISER / ESTATE AGENT / PROBATIONARY VALUER /
PROBATIONARY ESTATE AGENT
ACCORDING TO SUBSECTION (1) OF SECTION 24
OF THE VALUERS, APPRAISERS AND ESTATE AGENTS ACT 1981
To
:
………………………..
………………………..
………………………..
You are notified that the Disciplinary Board considered the charge(s) levied against you at its meeting
on……………… and is of the opinion that you have infringed…………………………………………………………………
(State Section or rule)
which reads as follows :
The Disciplinary Board accordingly orders that you be suspended for a period of………. year(s) with effect from
…………….subject to the following conditions :
Your suspension will be recorded in the *Register of Valuers, Appraisers and Estate Agents / Register of Probationary
Valuers / Probationary Estate Agents and will be published in the local newspapers as required by section 24 of the
Act.
In accordance with paragraph (1) of Rule 143 you will be required to apply in Form H in the Tenth Schedule for
restoration of your rights at the end of your suspension.
You may within thirty days of being notified of this Order appeal to the Appeal Board if you feel aggrieved by this
Order.
Date
: …………………………
...….……………………………..
Registrar
Board of Valuers, Appraisers
and Estate Agents, Malaysia
44
FORM E
(Rule 140)
ORDER OF ADMONITION OF REGISTERED *VALUER / APPRAISER / ESTATE AGENT / PROBATIONARY VALUER /
PROBATIONARY ESTATE AGENT
ACCORDING TO SUBSECTION (1) OF SECTION 24
OF THE VALUERS, APPRAISERS AND ESTATE AGENTS ACT 1981
To
:
………………………..
………………………..
………………………..
You are notified that the Disciplinary Board considered the charge(s) levied against you at its meeting
on……………… and is of the opinion that you have infringed………………………………………………………………………
(State Section or rule)
which reads as follows :
The Disciplinary Board accordingly admonishes you and warns you not to repeat or continue the conduct on which
the charges were founded.
Your admonition will be recorded in the *Register of Valuers, Appraisers and Estate Agents / Register of Probationary
Valuers / Probationary Estate Agents.
You may within thirty days of being notified of this Order appeal to the Appeal Board if you feel aggrieved by this
Order.
Date
:
………………………
...….……………………………..
Registrar
Board of Valuers, Appraisers
and Estate Agents, Malaysia
45
FORM F
[RULE 140]
ORDER OF FINE OF REGISTERED *VALUER / APPRAISER / ESTATE AGENT / PROBATIONARY VALUER / PROBATIONARY
ESTATE AGENT
ACCORDING TO SUBSECTION (1) OF SECTION 24
OF THE VALUERS, APPRAISERS AND ESTATE AGENTS ACT 1981
To
:
……………………………………..
…………………………………….
…………………………………….
You are notified that the Board considered the charge(s) levied against you at its meeting held on……………. and is
of the opinion that you have infringed…………………………………...........................................
(State section or rule)
which reads as follows :
The Disciplinary Board accordingly fines you to the amount of RM………
This fine will be recorded in the “Register of Valuers, Appraisers and Estate Agents / Register of Probationary Valuers /
Probationary Estate Agents.
You may within thirty days of being notified of this Order appeal to the Appeal Board if you feel aggrieved by this
Order.
Date
:
……………………………
...….……………………………..
Registrar
Board of Valuers, Appraisers
and Estate Agents, Malaysia
46
FORM G
ORDER OF *ADMONITION/FINE/ADMONITION AND FINE
OF REGISTERED *VALUER / APPRAISER / ESTATE AGENT /
PROBATIONARY VALUER / PROBATIONARY ESTATE AGENT
ACCORDING TO SUBSECTION (1) OF SECTION 24
OF THE VALUERS, APPRAISERS AND ESTATE AGENTS ACT 1981
To
:
…………………………….
…………………………….
…………………………….
You are notified that the Disciplinary Board considered the charge(s) levied against you at its meeting held on
…………………………..and is of the opinion that you have infringed………………………………………………
(State section or rule)
which reads as follows :-
The Disciplinary Board accordingly –
*
admonishes you and warns you not to repeat or continue the conduct on which the charges were
founded
*
fines you to the amount of RM…………………………
*
admonishes you and warns you not to repeat or continue the conduct on which the charges were
founded and fines you to the amount of RM…………………………………………………
This *admonition/fine/admonition and fine will be recorded in the *Register of Valuers, Appraisers and Estate Agents
/ Register of Probationary Valuers / Probationary Estate Agents.
You may within thirty days of being notified of this Order appeal to the Appeal Board if you feel aggrieved by this
Order.
Date
:
……………………………
...….……………………………..
Registrar
Board of Valuers, Appraisers
and Estate Agents, Malaysia
47
FORM H
[RULES 143]
APPLICATION FOR RESTORATION OF RIGHTS AS A REGISTERED *VALUER/ APPRAISER/ ESTATE AGENT/ PROBATIONARY
VALUER/ PROBATIONARY ESTATE AGENT FOLLOWING AN ORDER OF SUSPENSION UNDER SUBSECTION (1) OF SECTION
24 OF THE VALUERS, APPRAISERS AND ESTATE AGENTS ACT 1981
Name ...................................................................................................................................................................................................
Other Names ....................................................................................................... NRIC No. ...........................................................
Registration No. ..................................................................................................................................................................................
Postal Address ............................................................................................................................
Tel. No. ...............................................
Fax. No. ...............................................
Postcode .................................
E-Mail Address ...............................................
To :
The Registrar,
Board of Valuers, Appraisers and Estate Agents,
Malaysia.
I, the undersigned, who was subjected to an Order of Suspension by the Disciplinary Board with effect from
................................ .......... for a period of year(s) subject to the following conditions:
...............................................................................................................................................................................................................
...............................................................................................................................................................................................................
...............................................................................................................................................................................................................
...............................................................................................................................................................................................................
am applying to have my rights restored in full with effect from ..................................................................
as I have now
complied in full with the Order of Suspension and the conditions imposed under it. I enclose the sum of RM
................................................................ in settlement of:
as I have no complied in full with the Order of Suspension and the conditions imposed under it. I enclose the sum of
RM......................in settlement of:
Restoration fee................................. RM
Arrears .............................................. RM
Charges ........................................... RM_______________
TOTAL
Date ....................................................
RM_______________
.......................................................
Signature of Applicant
FOR OFFICE USE ONLY
Date received ....................................................................................................................................................................................
Receipt No. .........................................................................................................................................................................................
Date applicant notified of decision ................................................................................................................................................
Name and signature of Registrar ....................................................................................................................................................
* Delete whichever is not applicable
48
FORM I
(RULE 143)
To :
……………………………….
……………………………….
……………………………….
I am directed to inform you that the Disciplinary Board at its meeting held on…………………. has decided*that your rights be restored in full with effect from
………………………………………………………………………………
Date
*that your suspension be continued till............….. subject to the
..........................…………………………………………………………...
………………………………………………………………………………
………………………………………………………………………………
following conditions:
*that your application be rejected because you have not
.......…………………………………………………………………………
………………………………………………………………………………
………………………………………………………………………………
complied with the following condition(s):
: …………………..
…………………………………….
Registrar
Board of Valuers, Appraisers
and Estate Agents Malaysia
* Delete whichever is not applicable
49
ELEVENTH SCHEDULE
[RULES 144]
NOTICE OF APPEAL
To :
The Registrar,
Board of Valuers, Appraisers and Estate Agents,
Malaysia.
I, the undersigned ……………………
of…………………………. a registered *valuer/appraisers/estate
agent/probationary valuer/probationary estate agent (Registration No………………………) give notice of appeal to
the Appeal Board against the decision of the Board dated………………………………………………………..…which is as
follows:
……………………………………………………………………………………………………………………………………………………
……………………………………………………………………………………………………………………………………………………
……………………………………………………………………………………………………………………………………………………
…………………
My grounds of appeal are as follows:
……………………………………………………………………………………………………………………………………………………
……………………………………………………………………………………………………………………………………………………
…………………………………………………………………………
I enclose the required deposit of RM…………………. which I understand shall be used as payment of the costs of the
appeal.
Date…………………………
…………………………………………
Signature of Applicant
FOR OFFICE USE ONLY
Date Received............................................................……………………………
Receipt No. ............................................................………………………………
Date referred to Chairman of Appeal Board……………………………….....
Date appellant notified…………………………………………………………....
Date case heard……………………………………………………………….……
Decision and date……………………………………………………………….….
Name and Signature of Registrar…………………………………………………………………….
______________________________________________________________________
*Delete whichever is not applicable.
50
TWELFTH SCHEDULE
(Rule144,145 and 146)
NOTICE OF APPEAL
1.
FEES AND ALLOWANCES PAYABLE TO MEMBERS OF THE APPEAL
There shall be paid to members of the Appeal Board the
attendance at meetings of the Board1.
For attendance:
RM 500 per day or part thereof. The Chairman shall,
day or part thereof.
2.
For transport and travelling:
80 sen per kilometer if own transport is used plus
supported by receipts; or
actual air/train/taxi fares.
3.
For lodging:
RM 250 per day.
4.
For subsistence:
RM 100 per day or part thereof.
2.
DEPOSIT FOR APPEAL:
RM5,000 per appeal.
Made the 23rd December 1985.
51
BOARD:
following fees and allowances for
however, be paid RM1000 per
actual parking charges