VALUERS, APPRAISERS AND ESTATE AGENTS RULES 1986 Agentslppeh.gov.my/WP2016/circular/circullar-b2012.pdf · VALUERS, APPRAISERS AND ESTATE AGENTS RULES 1986 In exercise of the powers

1

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.

2

Rule 18 (1) 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. (2) 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 -

(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

(c) by sending it by ordinary post to the member to his

home, business or office address.

(4) 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) 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.

3

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) 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.

Rule 21 (3) 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.

4

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.

5

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) 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. (2) 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.

6

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.

7

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.

8

(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) The estate agent’s examinations set by the Board shall consist

of -

(a) Written Examination; and

(b) Test of Professional Competence. (2) The Test of Professional Competence shall consist of a

practical examination and an oral examination.

9

(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 -

(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 post-qualifying practical experience in an estate agency firm.

(c) 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.

10

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.

11

(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.

12

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 part-

time 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

13

(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

14

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) 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

(2) Notwithstanding the provisions of these Rules, a registered

firm shall not pay into a client’s account money held or received by it -

15

(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 (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 non-

valuation firm shall not operate a valuation or appraisal firm. Valuation reports

Rule 75 (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.

16

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 accompanied by the

processing fee prescribed in the Third Schedule together with a copy of the Association or Affiliation Agreement and all other relevant 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.

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) 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.

(3) The conduct of a registered estate agent in relation to other

registered estate agents shall be characterized by candour, courtesy and fairness.

17

Protection of Public

Rule 87 (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.

Rule 89 (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 work by registered estate agent in employment

Rule 94 (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.

18

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.

19

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) 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.

(2) 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.

20

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 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

Rule 122 (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.

21

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 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 the complaint from the register.

Rule 132B 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.

22

Rule 133 Complaints Investigation Committee

(1) The Complaints Investigation Committee shall investigate any complaint that has been referred to 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.

23

(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 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

Rule 134C (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

24

(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.

25

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.

26

FOURTH SCHEDULE

(Rule 26)

A REGISTER OF VALUERS, APPRAISERS AND ESTATE AGENTS

PART I

VALUERS

27

Serial No.�Registration

No.�Name�Postal

Address�Qualification for

Registration�Date of

Registration�Remarks�Reside

ntial Address�NRIC No.�Place

of Employment�Change of

Address��

Registration No.�Name�Postal






Address��

Name�Postal






Address��

Postal Address�Qualification

for Registration�Date of




Address��

Qualification for





Address��

Date of




Address��

Remarks�Residential

Address�NRIC No.�Place of

Employment�Change of

Address��

Residential Address�NRIC

No.�Place of


Address��

NRIC No.�Place of


Address��

Place of Employment�Change

of

Address��

Change of

Address��

28




Address�� Serial No.�Registration

No.�Name�Postal







No.�Name�Postal







No.�Name�Postal







No.�Name�Postal







No.�Name�Postal






Address�� Registration No.�Name�Postal






Address�� Name�Postal






Address�� Postal Address�Qualification

for Registration�Date of




29

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) Processing fee RM………… (b) Examination fee RM………… (c) Exemption fee RM...............

Total RM…………. Date………………………………… …………………………………………. Signature of Applicant

30

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.

31

PART II

FEES

Part A

(1) (2) (3)

Matter Valuer Estate Agent 1

2

3

4

Processing (per application) Valuers’ Examination: (a) First Examination (b) Intermediate

Examination (c) Final Examination (d) Direct Final

Examination

Estate Agent’s Written

Examination

(a) Processing

(b) Examination

(c) Exemption

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

RM 100.00

RM100 per subject

RM150 per subject

RM200 per subject

RM200 per subject

-

-

-

RM100

RM200

RM200

RM200

RM200

RM100

RM100

RM 100.00

-

-

-

-

RM100

RM100 per

subject

RM200 per

subject

RM100

RM200 RM200 RM200 RM200 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



32

5. Forfeiture on withdrawal:

(a) at any time up to 30

days before examination

(b) within 30

days of examination

50% of each subject fee 100% of each subject fee

50% of each subject fee 100% of each subject fee

6. Supervision

RM200.00 per RM200 examination Per examination

7. Invigilation

RM100 per subject

RM100

per subject 8. Examiners:

(a) For setting RM300 per RM200 per Subject subject

(b) For correcting 15.00 per paper RM10.00 per paper

Part B - Deleted

SIXTH SCHEDULE

Deleted

33

SIXTH SCHEDULE - Deleted

34

Seventh Schedule

A. VALUATION

1. Fees payable by the Land Administrator under the Land

Acquisition Act for Valuation reports.

From

(RM) To (RM) Fees (RM)

1 50,000 1,500

50,001 500,000 2,500

500,001 1,000,000 3,500

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 10,000,00

0 0.200%

10,000,001 15,000,00

0 0.150%

15,000,001 50,000,00

0 0.075%

>

50,000,000 0.050%

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.

35

From


1 500,000 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



0.100% of the residue up to RM200 million

0.075% of the residue over RM200 million

2A. Fee for Plant and Machinery valuation services.

From


1 1,000,000 5,000

For valuations greater than RM1,000,000 the fee shall be a


rate:






36

2B. Fee for capital valuation for submission to Securities

Commission.

From


1 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:






3. Fee for other capital valuation/rating valuation services

based on an “Improved Value” basis.

From


1 100,000 500


minimum of RM 500 plus the fee based on the following

rate:






4. Fee for rental and rating valuation services.

37

From


1 18,000 1,000



rate:

3.0% of the next RM 60,000 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.

5 A - Deleted

5 B - 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

38

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) Fee Up to RM 100,000 12% 100,001 to 250,000 10% 250,001 to 500,000 8% 500,001 to 1,000,000 6% Above 1,000,000 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

39

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.

40

2. Lettings

Duration of Tenancy Maximum (Fee

equivalent too)

Up to 3 years 1.25 months gross

rental

Exceeding 3 years

A further 0.25

month’s gross rental

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.

41

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 on- Date : 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 twenty-one 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

42

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

43

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

44

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

45

FORM E

(Rule 140)

ORDER OF ADMONITION OF REGISTERED *VALUER / APPRAISER / ESTATE AGENT / PROBATIONARY VALUER / PROBATIONARY ESTATE AGENT


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

46

FORM F

[RULE 140]

ORDER OF FINE OF REGISTERED *VALUER / APPRAISER / ESTATE AGENT / PROBATIONARY VALUER / PROBATIONARY ESTATE AGENT


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

47

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

48

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 ............................................................................................................................ Postcode .................................

Tel. No. ............................................... Fax. No. ............................................... 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 RM_______________

Date .................................................... ....................................................... 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

49

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 ……………………………………………………………………………… *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): .......………………………………………………………………………… ……………………………………………………………………………… ……………………………………………………………………………… Date : ………………….. ……………………………………. Registrar Board of Valuers, Appraisers and Estate Agents Malaysia

* Delete whichever is not applicable

50

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.

51

TWELFTH SCHEDULE

(Rule144,145 and 146) NOTICE OF APPEAL

1. FEES AND ALLOWANCES PAYABLE TO MEMBERS OF THE APPEAL BOARD: There shall be paid to members of the Appeal Board the following fees and allowances for attendance at meetings of the Board- 1. For attendance: RM 500 per day or part thereof. The Chairman shall, however, be paid RM1000 per day or part thereof. 2. For transport and travelling: 80 sen per kilometer if own transport is used plus actual parking charges 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.

Documents

VALUERS, APPRAISERS AND ESTATE AGENTS RULES 1986 Agentslppeh.gov.my/WP2016/circular/circullar-b2012.pdf · VALUERS, APPRAISERS AND ESTATE AGENTS RULES 1986 In exercise of the powers