Code of Conducts / Professional Practice : Town Planner

• Act 538 Town Planners Act 1995

Incorporating all amendments up to 1 January 2006

• Board of Town Planners, Malaysia

• Constitution Of Pertubuhan Perancang Malaysia

(Malaysian Institute Of Planners)

• A Case Study: Nigeria Town Planners Act DECREE

NO. 88 1992 & Decree No 18, 1999( Amendment)

By:
. Hashim . Nadiah Johari Ramzan . Zakiah Ponrahono . Gadjiko.
Profession of Planning

In general, for an occupation to qualify as a profession;

(1) it must be founded upon a corpus of specialised, esoteric, or systematic knowledge (or skills or arts) not
commonly known or available to everyone;

(2) it must involve a community of like-learned individuals, professionals who share a common vision about the
rationale and social value of their profession;

(3) it must offer services that are genuinely of benefit to society, in so far as they promote, or exemplify, a self-
evident social good;

(4) it must be in control of, and autonomous over, the expertise that defines its special contribution to society;
and

(5) it must be organised as an exclusive association, with mechanisms in place to secure its autonomy over its
expertise.

Jerome E. Bickenbach and Sue Hendler, 2008

(chapter 8 The moral mandate of the 'profession' of planning)
Professio of Pla i g co t’d

Urban and regional planning is the art and science of ordering

the use of land and characters, sitting of buildings and
communication routes so as to achieve maximum practicable
degree of economic, convenience and aesthetics ( Keeble ,
1960 )
Definition

Act:
An "Act" is a "... written ordinance of Parliament.

Town and country planning:

the comprehensive planning of the physical and social development of a town, including the
construction of facilities (Wikipedia)

Town planners act:

A guiding tool governing planners usually passed by a parliamentary body.

Town planner:
A person with the qualification of planning or working in a planning authority or organization.

Code of conduct:
The acceptable values and practices expected of an individual within an entity. The town
planners act defines the code of conduct for planners in Malaysia.

This is examined under its act/ CONSTITUTION in relation to the ethical values defined by the
codes of conduct binding them.
Act 538 Town Planners Act 1995

• An Act to provide for the registration of Town Planners in Malaysia

• Enacted by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and
consent of the Dewan Negara and Dewan Rakyat in Parliament
• Gazzette in 2 November 1995
• No amendments since enacted in 1995
• Consist of 8 parts with 52 sections
Summary of Act 538 Sections

Part I: Preliminary
 Consists of Act title and date of commencement on 1January 1996
 Interpretation of terms and specification
 Section 1 and 2

Part II: The Board of Town Planners

 About the formation and establishment of Board of Town Planners
 Functions, power and appointment of Board of Town Planners
 Section 3,4,5,6,7,8,9,and 10

Part III: Registration of Town Planners

 Registration process, qualification, entitlement and restriction on unregistered and registered
graduate town planner
 Temporary registration of foreign town planners
 Section 11,12,13,14,15,16,17,18,and 19

Part IV: Town Planning Practice by Bodies Corporate

 Corporate bodies composition to practice, permit application, permit cancellation, hearing to be
conducted and cessation of practice
 Appeal on refusal and conditions and cancellation not allowed
 Section 20,21,22,23,24,25,26,27,28,29,and 30
Su ar of Act 538 Sectio s co t’d

Part V: Reprimand, Suspension, Cancellation, Removal and Reinstatement

 Appointment of disciplinary committee and its order, power of investigation
 Removal, surrender of certificate of registration and reinstatement of register
 Section 31,32,33,34,35,36,37 and 38

Part VI: Appeal

 About appeal board appointment, tenure of office and allowance
 Procedure of appeal board and appeal of registration
 Section 39,40,41,42 and 43

Part VII: Offences

 All about offences, general penalty and conduct of prosecution and civil proceeding
 Section 44,45,46,47 and 48

Part VIII: General

 Act or emission done in good faith
 No action or suit against board or person authorized by board (including member of the board,
committee or member of committee)
 Savings as to right of Government
 Section 49,50,51 and 52
Board of Town Planners, Malaysia

• Established under Section 3 of the Town Planning Act 1995 (Act 538) and
became effective on January 1, 1996.

• Responsible for regulating the profession of city planning to be a

professional practice in Malaysia.

• The Board members are as provided under Section 4 of the Act. All
members of the Board are appointed by the Minister of Housing and
Local Government Malaysia for a period not exceeding three years.

• However, membership of the President of Malaysian Institute of Planners

(MIP) and President of Malaysian Town Planners Association (PERSADA) in
the Board is automatic
Board of To Pla ers, Mala sia co t’d

As the professional bodies of Town Planning in Malaysia, BTPM's functions

are :

• Store and maintain the registration of town planners

• Approve and reject the registration of town planners

• Setting the scale of fees for professional services of the town planners

• Determine the ethics of the professionals

• Regulate the conduct of the professionals

• Represent the profession in any matter necessary or expedient.

Functions of Malaysian Institute of Planner

• To establish and maintain a Register of members of the Institute comprising of qualified

Professionals in the field of town planning

• To undertake research, programs and projects and assisting organizations and

individuals, both locally and internationally in the science and technology of Town and
Regional Planning

• To devise and impose standards of knowledge and skills for persons seeking membership
of the Institute

• To draw up a guideline on the scale of professional charges to be binding on all works

and projects undertaken

• To disseminate information pertaining to Town Planning and to publish such materials as

may be appropriate
Fu ctio s of Mala sia I stitute of Pla er co t’d

• To establish courses and undertake training programmes that are accredited, in the
technology of Town and Regional Planning

• To assist and advise Government, local authorities, public or private bodies in the science of
Town and Country Planning, in the best interest of the community

• To provide facilities for communication and interchange with other professional associations
and educational and scientific bodies on matters relating to the practice of Asset
Management

• To carry out any other activity incidental to its function and objectives
Constitution Of Pertubuhan Perancang Malaysia
Malaysian Institute of Planner

have powers to carryout any of the following activities:-

• To provide an organization for Town Planners in the form of a learned and scientific society;

• To represent generally the views of the Town Planning profession;

• To establish and maintain a Register of members of the Pertubuhan comprising qualified Town Planning
Professionals in Malaysia;

• To adopt a code of professional conduct in order to regulate professional conduct and practice among its
members;

• To devise and impose standards of knowledge and skills for persons seeking membership of the
Pertubuhan;

• To draw up a scale of professional charges to be binding on all its members;

• To develop and promote professionalism, and high quality town planning services that will contribute to the
advancement of knowledge and practice of town planning.

• To establish and administer standards of competency to increase community and to publish such material as
may be appropriate and shall provide a forum for and promote the wide exchange of views in the
community relating to its core interest.
Constitution Of Pertubuhan Perancang Malaysia cont’d
Malaysian Institute of Planner

have powers to carryout any of the following activities:-

• To assist and advise Government, local authorities, public or private bodies on matters relating to town
planning, the built environment and the sustainable development of land, subject to the laws governing the
profession.

• To provide facilities for communication and interchange with professional associations and educational and
scientific bodies on matters relating to Town Planning and sustainable development.

• To encourage and assist the education of persons intending to enter, or to be associated with the Town
Planning profession.

• To institute Branches of the Pertubuhan in any regions or territories in Malaysia deemed necessary.

• To encourage and support other organization that promotes sustainable planning and development and other
similar activities.

• To increase the general and technical knowledge of its members through education, training and research;

• To establish and maintain a register of Town Planning Consulting Firms in Malaysia.

• To carry out any other activity incidental to its function and objectives
Department of Town and Country Planning, Peninsular Malaysia

MAIN FUNCTION OF THE MANAGEMENT DIVISION

1. GENERAL ADMINISTRATION

2. SERVICES AND NOMINATION

3. FINANCES AND STORE MANAGEMENT

FUNCTION OF THE SECRETARIAL, COORDINATION AND CORPORATE PLANNING DIVISION

1. Act as the National Physical Planning Council secretary at;

2. Co pile a d e sure the e ecutio of the Depart e t’s Strategic Ma age e t Polic ;
3. Pla a d ad i istrate the depart e t’s De elop e t Progra u der Mala sia’s Fi e-
Year-Plan;
4. Execute secretarial duties for main meetings;
5. Execute the duties of Information Sharing, Publicity and Public Relations; and
6. Administer the nomination of consultants.
Department of Town and Country Planning, Peninsular Malaysia cont’d

FUNCTION OF THE RESEARCH & DEVELOPMENT DIVISION

Continually increase the quality of Urban & Rural Planning services through research
study and subsequently producing reference documentation such as Benchmarks,
Guidelines and Planning Advice for planning and development of urban & rural areas.

MAIN FUNCTION OF THE LEGAL, PLANNING AND REGULATORY DIVISION

1. Advisory and consultancy services concerning urban & rural planning.

2. Update legal aspect regulatory systems through checks and formulation of Acts,
Methods, Implementation Guidelines, Manuals, Encyclopaedias, Monographs and
publications on town & country planning.
3. Consideration & monitoring of rational interest in planning exercise.
4. Enhance the effectiveness of delivery system in PBPT concerning urban & rural
planning practice
Department of Town and Country Planning, Peninsular Malaysia cont’d

FUNCTION OF THE REGIONAL PLANNING DIVISION

1. Execute secretarial tasks for the Regional Planning Committee.

2. Prepare comprehensive regional planning.
3. Execute tasks involving planning and overseeing the developments of Cyberjaya, National
Administration Centre Sarawak and Island Development Research.
4. Tasks of the Regional Planning Committee based on sub-section 6A(5) Act 172.
5. Advice and assist the State Planning Committee and Local Planning Authorities within the
concerned region in line with the national policy.
6. Create comprehensive policies and frameworks for regional planning to drive and administer
the development of the region.
7. Plan and administer the preparation of infrastructure and facilities for the region.
8. Create processes and consistent code-of-conduct for the use of the Federal Government and
State Government as well as the Local Authorities within the region.
9. Monitor the execution of benchmarks, guidelines and codes-of-conduct in facilitating the
development of the region.
10. Conduct necessary research for the planning of the region.
Department of Town and Country Planning, Peninsular Malaysia cont’d

FUNCTION OF THE PROJECT ADMINISTRATION OFFICE

The Project Administration Office is responsible for planning, controlling, administrating and
oversee physical & financial progress of development plans preparation.

FUNCTION OF NATIONAL LAND USE INFORMATION DIVISION (NLiD)

1. To manage and coordinate database. Manage data collection, verify, standardise,

storage and sharing geospatial data
2. To manage and coordinate data sharing between all divisions and project offices
3. To manage data applications from government agencies and private sectors
Department of Town and Country Planning, Peninsular Malaysia cont’d

FUNCTION OF THE NATIONAL PHYSICAL PLAN DIVISION

1. Summarize strategic & integrated land use framework through preparation,

monitoring, implementation as well as revision of the National Physical Plan, National
Urbanisation Policy, Integrated Land Development and National Planning Policy.
2. To prepare and monitor the implementation and review the National Physical Plan
(NPP) and National Urbanisation Policy (NUP);
3. To manage the information system of NPP, NUP and LR and to design related
application modules;
4. To formulate policy and program; as well as to prepare studies related to the
implementation of Land Readjustment Projects(LR);
5. To give input in the formulation of policies and respond to global and international
agenda;
6. To give input when addressing strategic issues; and
7. To prepare the National Rural Planning Policy (RPP)
Professional Code of Conduct
A Case Study of Nigeria Town Planner Act

• KNOWLEDGEABLE
Training and Certificate acquisition (PGD/Bsc/ [Link] accredited
School) TOPREC

• LEADERSHIP
The Nigerian constitution authorized only registered planners to
prepared:
 At federal level
1) National physical development plan,
2) Regional plan ¸
3) Sub – urban Regional plan ,
4) Urban plan,

 At state level (plan item 2,3,4 and 5)

5) Subject plan.

 At local level Town (plan, rural area plan, local plan and subject plan)
Professional Code of Conduct cont’d
A Case Study of Nigeria Town Planner Act

• COOPERATION
Example is the preparation of the National Physical plan Members:
Town planners, Architect, Civil Engineer, Land Surveyor , Law And
Estate Management relevant professional bodies.
Representative from ministries like work and housing

• DISCIPLINE
NITP if a member fails to pay annual dues for two consecutive years
his or her name will be deleted from the lists.

• RESPONSIBLE
TOPREC $ NITP Registered planner and fellow of the institution.
FCDA , state urban planning board and local planning authority
(Registered otherwise)
Professional Code of Conduct cont’d
A Case Study of Nigeria Town Planner Act

• HONEST:
Financial secretary duties and judicious account

• JUST:
mandatory to clients and other professional colleagues

• CONSULTATIVE:
Freedom of practice as lecturer, but not allow in other ministries.

• EFFICIENT:
SAR, EIA, lay out, visibility and viability according to the stated regulation.
Professional Code of Conduct cont’d
A Case Study of Nigeria Town Planner Act

• PROGRESS:
compulsory to attend national annual conference, seminar that is regionalized
accordingly.

• DEDICATED AND COMMITTED :

creativity and promoting the profession at individual and collective levels

Summary of functions of Nigerian planners:

 Plans preparation
 Development control
 Advice on land acquisition and compensation
 Renewal ,upgrading, rehabilitation and related issues
 Others are :
Educational consultant
Administrator
conclusion

ْ ‫ظ ر ْالفساد في ْالبرِ ْالبحْ ر بما كسب‬

‫ت أيْدي ال َناس ليذيق ْ بعْ ض‬
‫الَذي عم ا لع َ ْ يرْ جع ن‬

Chaos appears in the land and the sea because of the evil deeds which
people’s hands have earned, in order to make them taste the flavour of
some of their misdeeds – in order that they may come back (Al-Rum, 30:41)