Registration with BEM
The Board of Engineers Malaysia (BEM) is a statutory body constituted under the Registration of Engineers Act 1967 with perpetual succession and a common seal, which may sue and be sued. It was formed in 23rd August 1972. BEM primary role is to facilitate the registration of Engineers, Engineering Technologists, Inspectors of Works, Sole Proprietorships, Partnerships and Bodies Corporate providing professional engineering services and; to regulate the professional conduct and practice of registered person in order to safeguard the safety and interest of the public.
BEM falls within the ambit of responsibility of the Minister of Works. Vested with wide powers, the Minister may suspend the operation of the Registration of Engineers Act 1967 (REA) in any part of Malaysia by notification in the gazette. The appointment of the Board Members and the Registrar is made by the Minister.
The Registration of Engineers Act 1967 and the Registration of Engineers Regulations 1990 have been amended in 2015 with date of operation on 31st July 2015. The amended REA will be known as “Registration of Engineers Act 1967 (Revised 2015)’ whilst the accompanying Regulations will be known as “Registration of Engineers Regulatons 1990 (Revised 2015)”.
These latest amendments are a direct result of Government policies on trade for services. As Malaysia developed towards a service industry the issue of “liberalisation” of the services came to the forefront in the Free Trade Agreements (FTA) which the country signed. These latest amendments directly address liberalisation issues in order for the country to meet its international obligations.
The need to regulate the Engineering Team; Engineers, Engineering Technologists and Engineering Technicians has also led the BEM to amend the REA to incorporate two new categories: Engineering Technologists and Inspector of Works (also known as Engineering Technicians).
Mandatory Registration with the Board of Engineers Malaysia
One of its primary roles is to register Graduate Engineers (GE), Engineering Technologists (ET) and Inspectors of Works (IoW). The registration allows for BEM to regulate the professional conduct and practice of registered person to safeguard the safety, health and interest of the public.
Referring to Section 7(2) of REA 1967 that provides the restriction on mandatory registration, particularly as GE, ET or IoW to practice or take up employment:
a Graduate Engineer who is registered with the Board may, subject to section 8 take up employment which requires him to perform professional engineering services;”
an Engineering Technologist who is registered with the Board may, subject to section 8, take up employment which requires him to perform professional engineering services;”
an Inspector of Works who is registered with the Board may, subject to section 8, take up employment which requires him to assist the Professional Engineer in the supervision of engineering works;”
The definition of Professional Engineering Services and Engineering Works as provided by REA 1967 is provided below:
“Professional engineering services” means engineering services and advice in connection with any feasibility study, planning, survey, design, construction, operation, maintenance and management of engineering works or projects and includes any other engineering services approved by the Board.
“Engineering works” means all works which include any publicly or privately owned public utilities, buildings, machines, equipment, processes, works or projects that require the application of engineering principles and data;
Those contravening the above Section 7 of the REA 1967, upon conviction shall be liable to penalties as mentioned in Section 24. The full version of the REA 1967 is available in BEM website at www.bem.org.my