Slide 4 Code of Conducts Professional Practice

7/25/2019 Slide 4 Code of Conducts Professional Practice

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Code of Conducts / Professional Practice : Town Planner

Act 538 Town Planners Act 1995Incorporating 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.


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Profession of Planning

(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 therationale 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.

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

Jerome E. Bickenbach and Sue Hendler, 2008(chapter 8 The moral mandate of the 'profession' of planning)


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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 )

Profession of Planning (contd)


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Act:

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

Town and country planning:

the comprehensive planningof 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.

Definition


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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


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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


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Summary of Act 538 Sections (contd)

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


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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


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Board of Town Planners, Malaysia (contd)

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

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.


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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


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Functions of Malaysian Institute of Planner (contd)

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


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Constitution Of Pertubuhan Perancang Malaysia

Malaysian Institute of Planner

have powersto 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.


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Constitution Of Pertubuhan Perancang Malaysia (contd)

Malaysian Institute of Planner

have powersto 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


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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. Compile and ensure the execution of the Departments Strategic Management Policy;

3. Plan and administrate the departments Development Program under Malaysias Five-

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.

Departmentof Town and Country Planning, Peninsular Malaysia


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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

Departmentof Town and Country Planning, Peninsular Malaysia (contd)


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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 theconcerned 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.



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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



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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 internationalagenda;

6. To give input when addressing strategic issues; and

7. To prepare the National Rural Planning Policy (RPP)



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Professional Code of Conduct

A Case Study of Nigeria Town Planner Act

KNOWLEDGEABLE

Training and Certificate acquisition (PGD/Bsc/ B.Tech accredited

School) TOPREC

LEADERSHIP

The Nigerian constitution authorized only registered planners toprepared:

At federal level

1) National physical development plan,

2) Regional plan

3) Suburban Regional plan ,

4) Urban plan,

5) Subject plan.

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

At local level Town (plan, rural area plan, local plan and subject plan)


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Professional Code of Conduct (contd)


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)


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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.


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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


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Chaos appears in the land and the sea because of the evil deeds which

peoples hands have earned, in order to make them taste the flavour of

some of their misdeedsin order that they may come back (Al-Rum, 30:41)

conclusion

Slide 4 Code of Conducts Professional Practice

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