CHEMIST ACT 1975
MEMBERSHIP OF THE INSTITUTE
THE COUNCIL
THE INSTITUTE
GENERAL
PRELIMINARY
Short title, application and commencement
1 )This Act may be cited as the Chemists Act 1975 and shall apply throughout Malaysia and, except as provided in subsection.
2) Shall come into operation on a date to
be appointed by the Minister by notification in the Gazette.
Interpretation
1) “Committee” means any Committee appointed under this Act;
2) “Council” means the Council of the Institute;
3)“Institute” means the Malaysian Institute of Chemistry established
under section 3;
4) “member” or “member of the Institute” or “registered chemist” means a person who is for the time being registered under this Act as a member of the institute.
5)“register” means the register of members maintained under
section 15;
6)“registered pharmacist” has the meaning assigned thereto in the Registration of Pharmacists Act 1951 [Act 371];
7)“Registrar” means the Registrar of the Institute specified by
subsection 14(1);
8)“rules” and “by-laws” mean rules and by-laws made under this Act;
9)“Secretary” means the Secretary of the Council appointed under subsection 14(2);
10)"Society" means the body known as the Malaysian Institute of Chemistry registered as a society on the 13 October 1967 under the Societies Act 1966.
The Institute and its powers ;established by a body corporate by the name of "Malaysian Institute of Chemistry" which shall have perpetual succession and common seal.
-sue and be sued in its corporate name
-enter into contracts
-acquire purchase
composition of the institute -The Institute shall consist of the persons for the time being registered as members thereof under this Act.
-the institute may do all things necessary for the purpose of the Institute and in particular may,subject to subsection such as
(a)purchase or lease any lands required for the purposes of
the Institute;
(b)borrow money whether by way of bank overdraft or otherwise for such of the purposes of the Institute.
(c)receive gifts, donations and bequests from individuals,
companies, foundations or other sources.
etc.
Office of the Institute - The Institute shall at all times keep and mantain an office and any changes thereof shall be published by the Registrar in the Gazette.
Fund of the Institute - establish and administer a fund into which shall be paid and from which shall be defrayed all sums received and all expenditure properly incurred by the Institute in the exercise of its functions under this Act.
Functions of the Institute
(a) to determine the qualifications of persons for admission
as members;
(b) to provide for the training, education and examination by
the Institute or any other body,
(c) to regulate the practice, by members, of the profession
of chemistry in Malaysia;
(d) to promote the interests of the profession of chemistry
in Malaysia;
(e) to render such pecuniary or other assistance to members
or their dependants
Rules of the Institute
(a) the training, education or examination of persons for
admission as members and the fees payable therefor;
(b) the election, appointment, resignation and removal of
members of the Council;
(c) the regulation and administration of the Institute in all
matters within its powers;
all rules made under subsection (1) shall be subject to the approval of the minister and shall,the be published in the Gazette
constitution
established a council of the institute consisting of the director general of chemistry and subject to subsection(2),of thirteen members of the Institute elected by the member thereof
the elected members include not less than three fellows and not more than three Licentiates.
The President and Vice-President of the Institute shall be elected by the Council from among its members.
The First Schedule shall apply to the council.
General powers
Manage the Institute and its fund
All such powers, acts or things as may be
exercised od done by the Institute
No resolution of the Institute shall invalidate the exercise of any power or the doing of any act or thing by the Council previously that would have been valid if the resolution had not been passed.
Specific powers
make by-laws to provide for all matters not expressly reserved for the Institute
appoint such officers,clerks,agents and servants for permanent,temporary or special serives include duties and terms and conditons
take cognizance of anything affecting the Institute and make any recommendations and take such action
communicate with other similar bodies and with members of the profession - to obtain and giving information on all matters
establish such branches of the Institute
delegate of any powers,privileges and discreations except its disciplinary powers
appoint Committees of the Institute
exercise all such powers,privileges and discretions
use the common seal of the Institute
members of Council.Committees,etc., must be citizens
Power of first Council to make rules
the first Council constituted may make rules
All rules made under subsection (1) shall be
subject to the approval of the Minister and published in Gazette
the Minister may give to the Council diresctions of a general character not inconsistent with the provisions of this Act
The Register and Secretary
The Director General of Chemistry shall be the Registrar of the Institute
The Council shall,with the approval of the Minister,appoint a Secretary of the Council
The Registrar may delegate any of his functions to the Secretary
The Secretary shall be subject to the control,supervision and direction of the Registrar
The Council shall provide facilities to Registrar and Secretary
Register of members
The members shall be classified as Fellows,Associates and Licentiates
The Registrar shall make the register avaiable
for inspection at reasonable hours on payment
shall to be published in the Gazette a copy of
the register at least once in every year
Membership of the Institute
a member of the Society immediately before the appointed date shall,on payment of the prescribed fee,be eligible for the membership
every person on payment of the prescribed fee shall
be entitled to be admitted by the Council as a member
no person shall be admitted by the Council as a member if he is less than twenty-one years old
a body corporate shall not be eligible of the membership
Any person dissatisfied with the decision of the Council
under subsection (3) may appeal to the High Court.
The procedure governing appeals under subsection (5) shall
be substantially the same as for appeals to the High Court from decisions of a subordinate court in civil matters
The Minister may from time to time, after seeking the advice
of the Institute,by order published in the Gazette amend the
Second Schedule,
Grades of membership
1) Fellow -a) pass or honours degree of any equivalent academic qualification in chemistry
b)experience in chemistry of not less than ten years
c)made a substantial contribution to chemistry
d)attained thirty-three years of age or such lesser age as the
Council may, in any special case
2)Associate - a) pass or honours degree of any equivalent academic qualification in chemistry.
b) experience in chemistry of not less than ten years(pass degree or its equivalent) or not less than two years(honor degree or its equivalent)
c) attained twenty-one years of age.
3) Licentiate- a)pass or honours degree of any equivalent academic qualification in chemistry,
b) experience in chemistry of not less than two years(pass degree or its equivalent) or not less than one years(honor degree or its equivalent)
c) attained twenty-one years of age
Entitlement
a Fellow describe himself by
the words “Fellow of the Malaysian Institute of Chemistry”
a Associate describe himself by
the words “Associate of the Malaysian Institute of Chemistry”
a Licentiate describe himself by
the words “Licentiate of the Malaysian Institute of Chemistry”
Prohibition
1 a)allow any person not being a member to practise in the
member’s name as a registered chemist;
1 b) in any way practise as a registered chemist other than
in his own name
in the name of his partner being registered chemists
in the name of a firm existing on the appointed date
or formed thereafter of which the partners in Malaysia are eligible to be registered under this Act
1 (c)advertise by any means or in any manner as being engaged
in practice as a registered chemist.
Any member who contravenes any of the provisions of
subsection (1) is guilty of an offence an is liable to a fine of five hundred ringgit
Appoinment of Investigation Committee and Disciplinary Committee
(a)an Investigation Committee comprising three members
of the Council, of whom two shall form a quorum
(b)a Disciplinary Committee comprising five members of
the Council, not being members of the Investigation
Committee, of whom three shall form a quorum
Functions of Investigation Committee and Disciplinary Committee
The Investigation Committee shall investigate any complaint
made against any member in the manner laid down in the rules and shall refer
it to the Disciplinary Committee.
The Disciplinary Committee shall, if it thinks fit, exercise
in respect of such member any disciplinary powers
Appeal against decision of Disciplinary Committee
Any member aggrieved by any decision of the Disciplinary
Committee may, within a period of twenty-one days after the decision has been communicated
The procedure governing appeals under subsection (1) shall
be substantially the same as for appeals to the High Court
Holding out as registered chemist and
restrictions pertaining to chemical analysis
No person who is not registered under this Act
shall—
practise or hold himself out as a registered
chemist
advertise by any means or in any manner as
being engaged as registered chemist
No person shall give or provide determinative
capacity or certify or declare in writing the result of any chemical analysis to determine the composition or specifications of any substance or product consumed or used by,or intended for the consumption or use of ,the public or any section thereof unless-
he is registred chemist
he is a registered pharmacist and the chemical analysis that he gives or provides, or certifies or declares in writing
the result
he is a person authorized under section 23A for the purposes of this subsection and gives or provides, or certifies or
declares in writing the result
he is an employee working under the supervision of a
registered chemist orregistered pharmacist or person
authorized under section 23A
Any person who contravenes subsections (1) and (2) is
guilty of an offence and is liable, for the first offence, to a fine
of one thousand ringgit or to imprisonment for one year and , for
a subsequent offence, to a fine of two thousand ringgit or to
imprisonment for two years.
Authorization pertaining to chemical analysis
The Council may authorize any person for the
purposes of subsection 23(2)
a pass or honours degree or any equivalent academic
qualification, in chemistry
a qualification or some other form of formal
recognition granted by the Government or by any
body corporate established by Federal law
he was
employed by an employer in any occupation involving
the performance by him of chemical analyses
at the date when the Council is deciding on his
application—
he is still employed by the same employer in any
occupation
he is employed by a different employer, being an
employer employment with whom he had applied
for before the appointed date
the Council
may impose such restrictions or conditions as the Council thinks
fit
Any person who fails to comply with any restriction or
condition and is
liable to a fine of one thousand ringgit.
The Council may revoke an authorization granted to a person
under subsection (1)
(a) the refusal of the Council to grant him its authorization
under subsection (1);
(b) any restriction or condition imposed under subsection (2)
in respect of an authorization granted to him
(c) the revocation by the Council under subsection (4) of an
authorization granted to him
the Minister may make
such decision as he thinks just and is consistent with this Act and the decision of the Minister shall be final
Saving
Nothing in subsection 23(1) shall affect the
right of any person or body corporate
Notwithstanding the Registrations of
Pharmacists Act 1951
Fraudulent practises
) procures or attempts to procure registration or a certificate
of membership under this Act
wilfully makes or causes to be made any falsification in
the register
forges, alters or counterfeits any certificate of membership
issued under this Act
uses any forged, altered or counterfeited certificate of
membership under this Act
personates a member of the Institute, or buys, sells or
fraudulently obtains a certificate of membership
Offences by firms
A firm commit an act that, in the case of a
natural person, would be an offence under any
provision of this Act
Appoinmnet and Poers of Inspectors
The Minister may appoint to be Inspectors such
number of registered chemists in the public service
Any person who obstruct or impedes an
Inspectors in the exercise of his powers under
subsection (2) is guilty of an offence and is
liable to a fine of one thousand ringgit of to
imprisonment for one year
Recovery of moneys by Council
Any sum of money payable to the Institute under this Act or
the rules is recoverable by the Council as a debt due to the Council
in any court of competent jurisdiction.
Cesser of Society and transfer of property,rights and liabilities
On and with effect from the appointed date, the Society
shall be deemed to have ceased to exist.
-All property, movable or immovable, that, immediately before
the appointed date, was vested in or held by or for the Society shall, on the appointed date, and without any conveyance, assignment
or transfer, vest in or pass to the Institute.
- all
rights and liabilities that, immediately before the appointed date,were the rights and liabilities of the Society shall , on the appointed
date, be the rights and liabilities of the Institute.