CHAPTER 269
ARCHITECTS AND QUANTITY SURVEYORS (REGISTRATION) ACT
[PRINCIPAL LEGISLATION]
ARRANGEMENT OF SECTIONS
Section
Title
PART I
PRELIMINARY PROVISIONS
1. Short title.
2. Interpretation.
PART II
ESTABLISHMENT OF THE ARCHITECT AND QUANTITY SURVEYORS BOARD
3. Establishment of the Board.
4. Composition of the Board and tenure of office of the members.
5. Functions of the Board.
6. Power to establish committees.
7. Delegation of functions.
8. Appointment of Registrar.
9. Other staff of the Board.
PART III
REGISTRATION
10. Register.
11. Sub-register.
12. Qualifications for registration.
13. Foreign person's registration.
14. Procedure for a person registered outside the country.
15. Foreign firm to provide information.
16. Restriction on registration of foreign firms.
17. Power to refuse to register.
18. Conditions for architects and quantity surveyors.
19. Certificate of registration.
20. Clients to use registered architects, quantity surveyors etc.
21. Power to issue stop order.
22. Publication of registers and lists.
23. Publication prima facie evidence of registration.
PART IV
DELETION AND SUSPENSION FROM REGISTER
24. Deletion of name from register.
25. Power to suspend registration, etc.
26. Restoration of name to the register.
27. Proceedings at an inquiry.
28. Disobedience of summons and refusal to give evidence.
29. Appeals.
30. Appeals Authority.
31. Rules of proceedings before Appeals Authority.
32. Deletions and suspensions from sub-register.
PART V
RESTRICTION ON PRACTISING AS AN ARCHITECT, QUANTITY SURVEYOR, ARCHITECTURAL OR QUANTITY SURVEYING FIRM
33. Use of the title of Architect or Quantity Surveyor.
34. Restrictions on practising as an architect, quantity surveyor or firm.
35. Persons operating as architects, quantity surveyors or firms.
36. Definition of "carrying on business" or "practising or conducting business as" architect, Quantity Surveyor or a firm.
37. Monitoring and control of practices.
38. Exemption.
39. Proceedings for offences committed within certain period.
PART VI
FINANCIAL PROVISIONS
40. Funds of the Board.
41. Accounts and audit.
42. Estimates of income and expenditure of the Board.
43. Power to invest.
44. Annual statement of accounts and Registrar's report to be laid before the National Assembly.
45. Minister may give directions.
46. Remuneration of the members of the Board.
PART VII
MISCELLANEOUS PROVISIONS
47. General Offences.
48. Offences and Penalties.
49. Power to Compound Offences.
50. Limitation of liability.
51. Professional fees chargeable to architects, and Quantity Surveyors.
52. Regulations.
53. By-laws.
54. Inconsistency with other legislation.
55. Repeal.
56. Transition and Saving provisions.
SCHEDULES
CHAPTER 269
ARCHITECTS AND QUANTITY SURVEYORS (REGISTRATION) ACT
An Act to provide for institutional machinery for the regulation of activities and conducts of architects, quantity surveyors and their firms under the Architect and Quantity Surveyors Registration Board; to provide for qualification for registration, rights and privileges of registered architects and quantity surveyors and to provide for related matters.
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Act No. 4 of 2010
PART I
PRELIMINARY PROVISIONS (ss 1-2)
This Act may be cited as the Architects and Quantity Surveyors (Registration) Act, 2010 and shall come into operation on such date as the Minister may, by notice in the Gazette, appoint.
In this Act, unless the context otherwise requires–
“Appeals Authority" means the Appeals Authority referred to in section 30;
“architect" means any person registered as such under this Act and includes interior designer, landscape architect, furniture architect, conservation architect and naval architect;
“architectural draughtsman" means a person whose name has been entered in the sun-register as provided for under section 11;
“architectural technician" means a person whose name has been entered in the sub-register as provided for under section 11;
“Board" means the Architects and Quantity Surveyors Board established under section 3;
“building" means any three dimensional structure or form constructed for the purpose of defining space, within space or around space, whether that space is directly or indirectly used;
“construction work" means any work undertaken by architectural or quantity surveying firm and includes–
(a) pre-design, the design and post design, drawing and supervision of construction of a three dimensional structure or form of whatsoever material constructed for the purpose of defining space within space or around space, whether that space is directly or indirectly used;
(b) rehabilitation, redesign, alteration and supervision of such rehabilitation, redesign or alterations;
(c) seeking and obtaining a planning consent and any other permit or certificate in respect of buildings or structures similar to buildings; and
(d) advisory services in respect of buildings or structures similar to buildings;
“design and build" means any work in which a person or a body of persons is responsible for coordinating and funding of the designing and construction of a building;
“firm" means a person, group of persons or public institution which practises in any activity relating to architectural or quantity surveying and includes sole proprietor, partnership and corporate body whether local or foreign;
“foreign firm" means a firm registered under section 16 of this Act whose majority shares are owned by non-citizens;
“foreign-funded projects" means building works or construction works whose source of funding is wholly or majority shares from foreign sources;
“foreign person" means any person who is not a citizen of the United Republic of Tanzania and who temporarily undertakes specific architectural or quantity surveying works in Tanzania;
“graduate architect" means a person whose name is entered in the sub-register as provided for under section 11;
“graduate quantity surveyor" means a person whose name has been entered into the sub-register as provided for under section 11;
“member" means member of the Board appointed under section 4 and includes the Chairman and the Vice-Chairman;
“Minister" means the Minister responsible for construction industry;
“principal" means the head of a firm and includes a director, partner, shareholder, or an owner of the firm;
“project management" means management of resources, quantity, cost, quality and time in relation to a building works done by architects, quantity surveyors, engineers or their firms;
“project manager" in relation to the building or construction works means an architect, engineer, a quantity surveyor or their firm appointed by the client for the management of resources, time and quality in the building works or projects;
“quantity surveyor" means any person registered as such under this Act and includes building surveyor, construction manager and building economist;
“register" means a register of architects, quantity surveyors and their firms;
“Registrar" means the Registrar appointed pursuant to section 8;
“stop order" means an order issued by the Board under this Act;
“sub register" means the register of graduate architect, graduate quantity surveyor, architectural technician and architectural draughtsman.
PART II
ESTABLISHMENT OF THE ARCHITECT AND QUANTITY SURVEYORS BOARD (ss 3-9)
(1) There is established a Board to be known as the Architects and Quantity Surveyors Registration Board.
(2) The Board shall be a body corporate and shall–
(a) have perpetual succession and common seal;
(b) in its corporate name be capable of–
(i) suing and being sued;
(ii) acquiring, holding and disposing of movable and immovable property; and
(iii) entering into contracts or other transactions and doing all other acts and things which a body corporate may lawfully perform;
(c) have power to borrow such sums as it may require for its purpose; and
(d) exercise the powers and perform the functions conferred upon it by this Act.
4. Composition of the Board and tenure of office of the members
(1) The Board shall consist of eleven members who shall be appointed by the Minister, one of which shall be a Chairman–
(a) a Chairman of the Board shall be an architect or a quantity surveyor who has at least ten years experience in the construction industry and has proven tangible contribution to the sector;
(b) one member appointed from the Architectural Association of Tanzania who shall be a registered Architect;
(c) two members appointed from Architects and Quantity Surveyors Training Institutions, one being an Architect and the other being a Quantity Surveyor;
(d) one member appointed from the Tanzania Institute of Quantity Surveyors who shall be a registered Quantity Surveyor;
(e) one senior member representing the Attorney General's Chambers;
(f) one senior member from the Ministry responsible for Local Government who shall be either an Architect, Quantity Surveyor or Town Planner with professional experience in the building industry;
(g) one member who is a senior official appointed from the Ministry responsible for construction;
(h) one senior member from the Ministry responsible for Lands who shall be a town planner with experience in building industry;
(i) one member from the Public Procurement Regulatory Authority; and
(j) one member who is a registered contractor and who shall either be an architect or a quantity surveyor.
(2) The provisions of the Schedule to this Act shall have effect as to the tenure of office, management, proceeding, constitution and other matters relating to the Board.
(3) The Minister may, after consultation with the Board and by order published in the Gazette, amend, add, vary, revoke or replace the provisions of the Schedule to this Act.
(1) The functions of the Board shall be to–
(a) register and maintain registers and sub-registers of architects, quantity surveyors and their firm, graduate architects, graduate quantity surveyors, architectural technicians, architectural draughtsmen, both local and foreign, and to make decisions on applications for their registration, annually;
(b) prescribe fees for application, registration, annual subscription and other fees as may be required;
(c) regulate the activities and conducts of architects, quantity surveyors and their firms, graduate architects, graduate quantity surveyor architectural technicians, and architectural draughtsmen;
(d) enter building sites and inspect building or construction works for the purpose of verifying and ensuring that the works are being undertaken by a registered architectural or quantity surveying firms and that the works complying with all governing regulations and laws of the country including requirement for safety, an erection of signboard which shows the title of the project, names, addresses, phones and e-mails of the client, architect, quantity surveyor, protect registration sticker and to take legal action against defaulter thereof;.
(e) promote, monitor and provide continuing professional development opportunities and facilities for the study and training in architecture, quantity surveying and allied subjects;
(f) conduct examinations or professional interviews for purposes of verifying the competence to practice as professionally qualified architects or quantity surveyors or as to the adequacy of practical training in architecture or quantity surveying as may be approved by the Board;
(g) arrange for publication and general dissemination of materials produced in connection with the work and activities of the Board;
(h) liaise with other institutions involved in architecture, quantity surveying and allied matters;
(i) grant professional certificates and other awards of the Board for examinations conducted by the Board;
(j) take disciplinary action against architects, quantity surveyors and other semi professional registered by the Board;
(k) register construction works or projects;
(l) offer advisory services to the public and the construction industry;
(m) liaise with both local and international professional boards and associations involved in the construction industry for the purposes of consultations, exchange of ideas, and experiences;
(n) promote and enforce professional conduct, ethics and integrity of architect, quantity surveyor and firms practising or operating in Tanzania;
(o) administer and regulate architectural competition;
(p) promote awareness and educate the public on the professions of architecture and quantity surveying as well as the duties and responsibilities of architects and quantity surveyors; and
(q) carry out any other functions which are for the public interests and which the Minister may, in writing, direct.
6. Power to establish committees
(1) The Board may, where it considers necessary, appoint committees from amongst its members and co-opted member to carry out any of its functions.
(2) The committees appointed pursuant to subsection (1) shall regulate their own proceedings.
The Board may delegate its functions under this Act to any officer, member or committee of the Board.
(1) The Board shall appoint a Registrar from amongst registered architects or quantity surveyors, who shall have at least seven years working experience in the relevant field.
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(2) The Registrar shall be the Chief Executive Officer and Secretary of the Board and shall be answerable to the Board and responsible for the day to day management of its affairs.
(3) The Registrar shall hold office for a term of five years and may, subject to satisfactory performance, be eligible for reappointment for one more term.
(1) The Board may appoint officers and other employees as may be necessary for the proper discharge of its functions and upon such terms and conditions of service as the Board may determine.
(2) The officers and other employees of the Board appointed under subsection (1) shall, in the performance of their functions be answerable to the Registrar.
PART III
REGISTRATION (ss 10-23)
(1) The Registrar shall keep and maintain a register of architects, quantity surveyors, architectural and quantity surveying firms, both local and foreign.
(2) The registers referred to in subsection (1), shall each contain–
(a) date of entry;
(b) name, postal address and physical address, phones and e-mails;
(c) academic qualifications;
(d) registration number;
(e) category of registration for local or foreign;
(f) managerial, professional, technical and other personnel in the case of a firm;
(g) principal of the firm;
(h) type of registration;
(i) duration of registration; and
(j) any other particulars as the Board may direct.
(1) The Registrar shall keep and maintain a sub-register of–
(a) graduate architects and quantity surveyors;
(b) architectural technicians; and
(c) architectural draughtsmen.
(2) The sub-register referred to under subsection (1), shall contain–
(a) the date of entry;
(b) name, postal address and physical address, phones and e-mails;
(c) academic qualifications;
(d) registration number; and
(e) any other particulars as the Board may direct.
12. Qualifications for registration
(1) A person shall not be eligible for registration as–
(a) an architect or quantity surveyor unless he–
(i) holds a degree or possesses an equivalent academic qualification approved by the Board in the field of architecture, interior design, landscape architecture, conservation architecture, naval architecture, furniture architecture, and for quantity surveyor he is a holder of a degree in quantity surveying, building economist, building surveying and construction management from an approved training institution or recognised university;
(ii) has done a minimum of two years supervised work in a practising firm in Tanzania after graduating from a recognised college or university and passed the profressional examination conducted by the Board; and
(iii) is a member of Architects Association of Tanzania or Tanzania Institute of Quantity Surveyors, as the case may be.
(b) a graduate architect, a graduate quantity surveyor, an architectural technicians or an architectural draughtsmen unless–
(i) he has attended training and qualified from a recognized university or a duly accredited technical institution; and
(ii) his general conduct has been such as in the opinion of the Board, to make him proper person to be registered under this Act.
(2) A firm shall not be eligible for registration as an architectural firm or quantity surveying firm unless–
(a) the principal of the firm is registered with the Board as architects or quantity surveyors; and
(b) it is duly registered under the Companies Act *, the Business Names (Registration) Act * or any other relevant law.
(3) An architect or quantity surveyor shall not be allowed to be a principal of more than one firm.
(4) Any person who gives false information commits an offence, and upon conviction, is liable to a fine of not less than three million shillings or imprisonment for a term of not less than six months or both, or deletion from the register or sub-register for a period not less than one year and in case of deletion from the register, re-registration shall be effected where the Board has been satisfied of the good conduct of such applicant.
13. Foreign person's registration
(1) A foreign architect or quantity surveyor shall not practice as an architect or quantity surveyor in Tanzania unless he is registered under this Act.
(2) A foreign architect or quantity surveyor who wishes to be registered under this Act shall satisfy the Board that–
(a) he is not a citizen of Tanzania;
(b) he intends to be present in Tanzania in the capacity of a professionally qualified architect or quantity surveyor for the express purpose of carrying out a specific assignment for which he has been engaged;
(c) he is, or immediately prior to entering Tanzania was, practising as an architect or quantity surveyor in the capacity which satisfies the Board of his ability to serve the public as a qualified architect or quantity surveyor; or
(d) he is a person soliciting for resident and work permit to allow him to practice either as an architect or a quantity surveyor on a specific project or assignment;
(e) in case of a foreign firm, is a firm that has employed foreign persons whose qualifications and skills are not available in Tanzania and has entered into a joint venture agreement with a local firm for carrying out the specific assignment; and
(f) he has deposited an affidavit with the Board to the effect that, once the assignment is completed or the investment has been wound up, then he shall cease to practise as an architect, or quantity surveyor or firm.
(3) Upon satisfaction with the information provided under subsection (2), the Board may direct the person to be registered under this section for the duration of the specific assignment.
(4) The registration of a person under this section shall continue for a duration of the assignment as is directed by the Board under subsection (3) and on its termination that person shall cease to be registered and return the registration certificate to the Board and in case of doubt the decision of the Board as to the termination of the specific assignment or investment shall be conclusive.
(5) A person registered under this section shall, in relation to the duration of the specific assignment or investment as is directed by the Board under subsection (4) and to things done or omitted in the course of any specific assignment or investment, be treated as being duly registered under this Act as an architect, quantity surveyor, or a firm, and in relation to other matters, it shall be treated as not registered.
(6) For the purpose of this section the word "persons" includes body of persons, corporate or unincorporated.
(7) A person, client or institution which hires the services or employs foreign architects or foreign quantity surveyors shall ensure he pays the fees imposed by this Act.
(8) A person, client or institution which fails to pay the fees under the provisions of subsection (7), within thirty days from the date from which it is due, commits an offence and upon conviction shall be liable to pay a fine twice the amount of the unpaid fees or to imprisonment for a term of not less than two years or to both.
(9) A person or firm who contravenes subsection (1) commits an offence and upon conviction is liable to a fine of not less than fifteen million shillings or to imprisonment for a term not exceeding three years or to both.
14. Procedure for a person registered outside the country
(1) An application for registration under this Act shall be made to the Board in a prescribed manner and shall be accompanied by a non-refundable application fee.
(2) The Board may, for the purposes of considering his application for registration, require an applicant to–
(a) appear before it for professional interview; or
(b) produce documentary evidence in respect of his qualifications, the relevant work experience, employment or any other information as the Board may deem fit.
15. Foreign firm to provide information
(1) Every foreign firm operating in Tanzania shall provide information in a form prescribed by the Board as to the nature, period and qualification of professionals working for it or under the firm and any additional information that the Board may require.
(2) Subject to the provision of subsection (1), a person who fails to furnish or furnishing false or misleading information constitute an offence and upon conviction is liable to a fine not less than ten million shillings or to imprisonment for a term not less than three years or to both.
16. Restriction on registration of foreign firms
(1) A foreign firm shall not be registered as a local architect or quantity surveyor or allowed to form a local firm unless–
(a) in the case of a firm, it is registered in Tanzania and the majority shares are owned by the citizens of United Republic of Tanzania; and
(b) at least one of the foreign principals is practising in Tanzania.
(2) A name of a foreign person or firm shall not be entered into the register if it does not fulfil the conditions stipulated under subsection (1).
(3) No foreign person or firm shall be registered without evidence of involving local architects or quantity surveyors as the case may be.
17. Power to refuse to register
The Board may refuse to register or delete from the register any person or firm if in its opinion it is against public interest or does not meet the conditions made under this Act or is a registered contractor, or a person whose residence or work permit does not allow him to practise as an architect or a quantity surveyor or is a person whose general and professional conduct has been in the opinion of the Board, not qualifying to be registered under this Act:
Provided that no person or firm shall be refused to be registered or deleted from a register without being given an opportunity to be heard.
18. Conditions for architects and quantity surveyors
(1) The architects and quantity surveyors shall fulfil the conditions prescribed by the Board.
(2) An architect or quantity surveyor whether local or foreign shall not practise or undertake any architectural or quantity surveying business without having a firm that is duly registered and having a valid annual practising license issued by the Board upon payment of annual subscription fee.
(3) The Board shall require an applicant for registration to satisfy the Board on his professional and general conduct to make him a proper person to be registered, and the Board may direct the Registrar to postpone the registration or reject the application.
19. Certificate of registration
(1) Upon registration, the person shall be issued with a certificate of registration indicating the number of registration, category of registration, date of registration and status of registration.
(2) The certificate issued shall be the property of the Board, non transferable and shall be withdrawn and returned to the Board within twenty one days upon suspension or cancellation of registration.
20. Clients to use registered architects, quantity surveyors etc.
A client or developer who undertakes design, building or construction works shall ensure that an architectural or quantity surveying firm, is registered prior to the execution of the design, building or construction works.
(1) Where the Board finds that the design, building or construction works are being undertaken or carried out by any person or firm which is not registered or for any omissions or commission which contravenes the Act, the Registrar may issue a stop order or take other legal action.
(2) A person who fails to comply with the requirements of the stop order issued under subsection (1) commits an offence and upon conviction, is liable to a fine of not less than five million shillings and in a case of continuing offence to a fine of three hundred and fifty thousand shillings for every day during which the offence continues after conviction.
(3) The effecting of the stop order shall be by service through the registered address either at the principal office of the party in breach or where such delivery is inappropriate, to the person in charge of a site or, if not possible, by affixation on a prominent and conspicuous of the work site and on such actions, the stop order shall become effective forthwith.
(4) Any person who–
(a) refuses or attempts to refuse service of a stop order issued by the Registrar or his appointee; or
(b) prevents or attempts to prevent the affixation of that stop order,
commits an offence and upon conviction shall be liable to a fine of five million shillings or to an amount equivalent to two percent of the construction costs, whichever is greater or to three months imprisonment or to both.
22. Publication of registers and lists
The Registrar shall by notice published in the Gazette, after the first day of January each year, publish a list containing the names, addresses and qualifications of all registered architects, quantity surveyors and firms remaining in the register after 31
23. Publication prima facie evidence of registration
(1) Subject to the provisions of section 22, publication shall be prima facie evidence that persons named in the notice are either registered or deleted under this Act.
(2) The registers, lists, copies or extracts which has been duly certified by the Registrar, shall be accepted in courts, tribunals or other bodies authorized to receive evidence of the facts stated in them.
(3) Any person may inspect the register and document relating to any entry and may obtain from the Registrar a copy or an extract from the register or any document on payment of the prescribed fee.
(4) No order compelling the production of the register or any document kept by the Registrar shall be issued from any court, unless the order bears the seal of the court issuing the order and is accompanied by a statement that it is issued by a court.
(5) The Registrar shall not, in any legal proceeding to which he is not a party, be compelled to–
(a) produce the register or any document if its contents can be proved under subsection (1); or
(b) appear as a witness to prove any entry in the register, the matters recorded in the register or any document,
unless the court so orders.
PART IV
DELETION AND SUSPENSION FROM REGISTER (ss 24-32)
24. Deletion of name from register
(1) The Board may, at any time direct the name of an architect, quantity surveyor or architectural or quantity surveying firm to be deleted from the relevant register where that person or firm has–
(a) failed either deliberately as a result of change of address for which he has failed to notify the Registrar of his or its current address within a period of six months from the date of change of such address or an enquiry sent by the Registrar by a registered letter to the address appearing in the register against his name to respond to the enquiry;
(b) requested that his name be deleted from the register, in which case that person or firm may be required to satisfy the Board by affidavit lodged with the Registrar that no criminal proceedings are likely to be taken against him;
(c) failed to pay annual subscription fees for two consecutive years;
(d) failed to meet the current registration criteria of the Board;
(e) violated the provisions of section 18;
(f) in the opinion of the Board, failed to practice or discharge his duties, responsibilities and obligations as an architect, quantity surveyor or a firm; and
(g) been found by the Board to be guilty of any contravention of this Act or subsidiary legislation made under it or has committed an act of misconduct.
(2) The Board shall delete from the register the name of deceased person or any architectural or quantity surveying firm which has ceased to exist and delete any entry which is incorrectly or fraudulently made or procured.
(3) Except in the circumstances specified in paragraph (a) of subsections (1) and subsection (2), the deletion from the register of the name of any person or of a non-existent architectural or quantity surveying firm shall be notified by the Registrar to the person or the concerned firm, by recorded delivery or a registered letter to the address appearing in the register against his name immediately prior to the deletion.
(4) Subject to the provisions of this section, a person or an architectural or quantity surveying firm whose name has been deleted from the register under this section shall cease, from the date of the deletion, to be registered for the purposes of this Act, and that person or the principal of that firm shall be obliged to surrender to the Board at once the certificate of registration for cancellation.
(5) A principal whose architectural or quantity surveying firm is deleted from the register shall not be permitted to register a new firm of architecture or quantity surveying services or conduct architectural or quantity survey services until permission has been sought and granted by the Board.
25. Power to suspend registration, etc.
(1) If an architect, or quantity surveyor is convicted of an offence under this Act, or after an inquiry, conducted by the Board is found to have committed an offence due to any act or omission amounting to improper, disgraceful, negligent, professional misconduct, or has breached the regulations, by-laws of the Board, or a firm having been incorporated, has secured a certificate of compliance or registration of business licence which has not been issued by the licensing committee of the responsible ministry and endorsed by the Board or procured business licence without–
(a) proof of submitting annual returns or principals profile report of a firm to the Board for the previous year;
(b) having submitted a registration certificate of the Board to the licensing officer or authority; and
(c) submitting proof of having paid the registration or annual subscription fees to the Board for the year of which the business licence is being sought,
the Board may–
(i) caution, censure or suspend that architect, quantity surveyor or firm;
(ii) direct that, during the period which the Board may specify, the registration of the name shall not have effect;
(iii) direct the name to be deleted from the register; and
(iv) take legal action against both the offender, officer or authority responsible for issuing the certificate of incorporation, compliance, registration or the trade licence.
(2) Where the Board institutes a legal action under paragraph (iv) of subsection (1), the Board shall proceed by way of a civil suit for breach of duly and seek costs against the parties:
Provided that any action against a public officer who is not a local government officer, the provisions of the Government Proceedings Act * shall apply.
26. Restoration of name to the register
(1) Where the name of a person or firm has been deleted from the register under this Act, the name of that person or firm shall not be re-entered in the register save on a direction of the Board.
(2) Where the name of any person or firm has been deleted or suspended from the register, the Board may after an inquiry; direct that the–
(a) deletion from the register be confirmed;
(b) name of that person or firm be restored to the register; or
(c) suspension of the effect of the registration of that person or firm be terminated.
(3) The directions given by the Board under subsection (2), may include a provision for the date upon which a restoration to the register or the termination of suspension of the effect of registration shall take effect and for the payment by the person or firm concerned of the fee or penalty, as the Board may determine.
(1) Upon an inquiry held by the Board, the person or firm whose conduct is being inquired into, shall not be entitled to be represented by an advocate.
(2) For the purposes of proceedings at an inquiry held by it, the Board shall have power to–
(a) administer oaths;
(b) summon persons to attend and give evidence; and order the production of documents.
(3) The summons and an order issued under the hand of the Chairman of the Board or the Vice-Chairman, shall be deemed to have been issued by the Board.
(4) The Chairman of the Board, or in his absence the Vice-Chairman, shall record or cause to be recorded a summary of any oral or written evidence given at an inquiry held by the Board.
(5) Subject to the provisions of section 53, the Board shall have the power to regulate its procedure at an inquiry held by it.
(6) For the purpose of Chapter XI of the Penal Code *, an inquiry held by the Board shall be deemed to be judicial proceedings.
(7) Any person who is convicted under this section shall pay the costs for the inquiry proceedings and other charges incurred by the Board after completion of the inquiry.
28. Disobedience of summons and refusal to give evidence
(1) Any person who, having been served with a summons or an order issued under the provisions of section 27, refuses or omits without sufficient cause to answer the question to the best of his knowledge put to him by the Board, or refuses or omits without sufficient cause to produce any document in his possession or under his control which are specified in the order, commits an offence, and upon conviction is liable to a fine of not less than five million shillings or to imprisonment for a term not exceeding one year but not less than six months or to both.
(2) A person giving evidence before the Board shall, in respect of any evidence given by him or any document produced by him, be entitled to all privileges to which he would be entitled as a witness before the High Court.
(1) Any person or firm aggrieved by a decision of the Board to–
(a) refuse to register his name or his firm;
(b) delete the name from the register;
(c) suspend the effect of registration of the name; and
(d) any other decision of the Board in the course of execution of its functions,
may appeal to the Appeals Authority within thirty day from the date of the decision.
(2) In any appeal, the Appeals Authority may give directions in a manner which it thinks proper, and the directions given shall be final, conclusive and binding upon all parties concerned.
(3) The Board may appear as the respondent and be heard on any appeal against its decision and, for the purposes of enabling directions to be given as to the costs of any appeal, the Board shall be deemed to be a party to it.
(1) The Appeals Authority shall consist of–
(a) a Chairman who shall be a person qualified to be a Judge of the High Court nominated by the Minister;
(b) a senior State Attorney representing the Attorney-General's Chambers;
(c) one senior member who is an employee of the Ministry responsible for local government and who is either an architect or quantity surveyor or a town planner appointed by the Minister;
(d) two members appointed by the Minister, who shall be–
(i) one architect nominated by the Architects Association of Tanzania; and
(ii) one member nominated by the Tanzania Institute of Quantity Surveyors.
(2) The members of appeals authority shall hold office for a term of three years and may be eligible for re-appointment for another term.
31. Rules of proceedings before Appeals Authority
(1) The Minister may, after consultation with the Attorney-General, make rules and regulations for the taking of evidence, fees to be paid, procedure and the manner of notifying the Board of its intention to appeal.
(2) Subject to any rules made under subsection (1), of the provisions of sections 27 and 28 shall apply mutatis mutandis, in relation to appeals made under section 29 and to persons summoned to give evidence before the Appeals Authority.
32. Deletions and suspensions from sub-register
The provisions of this Part shall apply mutatis mutandis to the persons registered in sub-register.
PART V
RESTRICTION ON PRACTISING AS AN ARCHITECT, QUANTITY SURVEYOR, ARCHITECTURAL OR QUANTITY SURVEYING FIRM (ss 33-39)
33. Use of the title of Architect or Quantity Surveyor
(1) Any person or firm whose name has been entered in the register shall, be entitled to adopt and use the style and title "architect", "quantity surveyor", "architectural or quantity surveying firm", or contraction or abbreviation as the Board may approve, and offer his or the firm's services to the public for fee or reward by the way of practice as a registered architect, a quantity surveyor or a firm.
(2) Any person whose name has been entered into the register as a graduate architect, graduate quantity surveyor, architectural technician or architectural draughtsman shall adopt–
(a) the title and style "graduate architect" or "architectural technician" "architectural draughtsman" or "graduate quantity surveyor"; or
(b) abbreviation or contraction of the title as the Board may approve,
and to offer his services to the public under the supervision of an architect or quantity surveyor, for a salary, reward or remuneration as an employee or otherwise as an architectural assistant or architectural technician or quantity surveying assistant.
34. Restrictions on practising as an architect, quantity surveyor or firm
(1) Any person or firm which–
(a) not being an architect, a quantity surveyor, architectural or quantity surveying firm falsely represents to be such;
(b) not being entitled to do so under section 33, use a style, or title of "architect", "quantity surveyor" or "firm", as the case may be, or any other name, style, title or description implying, whether in itself or in the circumstances in which it is used, that person or firm is so registered;
(c) not being an architect, holds himself out other than for the purpose of applying for registration whether directly or by implication, to be a professionally qualified architect;
(d) not being a quantity surveyor, holds himself out other than for the purpose of applying for registration to be a professionally qualified quantity surveyor;
(e) not being a firm holds itself out other than for the purpose of applying for registration to be a professionally qualified firm;
(f) not being a registered architect, practises or carries on business in Tanzania as an architect;
(g) not being a firm, practises or carries on business in Tanzania as an architectural or quantity surveying firm; or
(h) not being quantity surveyor, practices or carries on business in Tanzania as a quantity surveyor,
commits an offence and upon conviction, is liable to a fine of not less than five million shillings or to imprisonment for a term not less than three years or to both.
(2) Any person who practises under the name, title or style containing any words or phrases implying "architect'', "quantity surveyor" or "quantity surveying or architectural firm" unless he or it is registered under this Act, as an architect or quantity surveyor or architectural or quantity surveying firm, as the case may be, commits an offence and upon conviction, is liable to a fine of not less than five million shillings or to imprisonment for a term not less than three years or to both.
(3) A public or private institution or organisation shall not provide services in architecture or quantity surveying or approve architectural or quantity surveying designs or documents, unless its key officer responsible for taking or approving managerial or technical decisions is registered with the Board.
(4) Any person who contravenes the provisions of subsection (3) commits an offence and upon conviction, shall be liable to a fine of not less than five million shillings or imprisonment for a term not less than three years or to both.
(5) Any architectural or quantity surveying firm which secures a project without registering it with the Board within thirty days after the signing of the contract, receiving the letter of the award or confirming of having secured the project, shall be liable to a penalty of five million or one percent of the contract sum whichever is higher for every project undertaken in contravention of this section.
(6) An architectural or quantity surveying firm shall not practice or carry on architectural or quantity surveying services or business indirectly in a given building work under the name of a particular architectural or quantity surveying firm whether local or foreign without having any control or decision making powers to such a business.
35. Persons operating as architects, quantity surveyors or firms
(1) A person, whether corporate or unincorporated, shall not carry on the business of architecture or quantity surveying unless the principal is registered:
Provided that, where one or more of the principals of the firm is an architect, the remaining being quantity surveyors, then that firm may lawfully practise both as architects and quantity surveyors.
(2) Where a principal of a firm, whether corporate or unincorporated, carrying on business as architects or quantity surveyors dies, that firm may be allowed to complete the projects or contracts in hand if the legal representative were architects or, quantity surveyors.
(3) Where a firm undertakes any work on design and build method of procurement the architectural and quantity surveying components shall be handled by an architectural firm and quantity surveying firm.
(4) Nothing in this Act shall be construed as entitling any firm, whether corporate or unincorporated, to be registered as, or as empowering the Registrar to register any firm as, architects or quantity surveyors.
(5) A person or a firm, after fulfilling the conditions for registration, may be registered as architects or quantity surveyors or firm, and carry on its business as architects, quantity surveyors or firms:
Provided that, the Board may refuse to register any firm as architects, quantity surveyors or firms, or direct deletion from the register of the name of any firm registered if satisfied that any of the principals is a person registered as architects or quantity surveyors in his individual capacity would not have been accepted for registration.
(6) Any person or a firm which carries on business as registered architects, quantity surveyors or architectural and quantity surveying firms in contravention of any of the provisions of this section commits an offence and upon conviction, is liable to a fine of not less than three million shillings or to imprisonment for a term not exceeding three years or to both.
36. Definition of "carrying on business" or "practising or conducting business as" architect, Quantity Surveyor or a firm
(1) For the purposes of this Act, a person or firm shall be deemed to be carrying on the business or practising as an architect, quantity surveyor or firm if it offers or renders services that would normally be provided by an architect, quantity surveyor or firm in accordance with the definition of practising as architect, quantity surveyor or firm as provided for under this Act, to another person, whether those services are offered or rendered under a contract of service or a contract for services or otherwise.
(2) A practising or carrying on business as an architect shall include providing professional services in connection with town planning design, construction, conservation, restoration or alteration of a building or group of buildings, structures or project management.
(3) A practising or carrying on business as a quantity surveyor shall include providing professional services in connection with construction costs advise, preparation of Bills of quantities, valuation, planning, administration and project management of building or construction project.
(4) Any person or firm who undertakes the project management of a building works at any level of the project, if it is deemed by the Board that architectural or quantity surveying expertise and services is required through the process of planning, design, executing and or controlling the activities, by the use of available human, technical or financial resources on behalf of, or in contract with the project owner, shall be registered with the Board as either an architect or quantity surveyor.
37. Monitoring and control of practices
(1) For the purpose of regulating the standards and monitoring activities undertaken by registered person, the Board shall ensure that every person, client, developer, financier or firm which undertakes building or construction works engages the services of an architectural or a quantity surveying firm.
(2) The provisions of the Second Schedule to this Act shall apply in relation to the types of buildings or construction works to which subsection (1) shall apply.
(3) Any person who contravenes of the provisions of subsection (1) commits an offence and upon conviction, is liable to a fine of not less than five million shillings or two percent of the construction costs whichever is higher or to imprisonment for a term of not less than three years or to both.
(4) The Board shall ensure that all architects and quantity surveyors who have been registered have their names published in the official Gazette and such publication shall confer upon those persons exclusive right of lodging applications for building works and seeking consent from the local government authorities pursuant to the provisions of this section.
(5) An application for a building permit or construction works shall be lodged to the Registrar by an architect together with a copy of the consent obtained from the Authority concerned within twenty one days after obtaining of the consent.
(6) An architect who fails to comply with the provisions of subsection (4), commits an offence and upon conviction is liable to a fine of five hundred thousand shillings to the Board for every application lodged in contravention thereto.
(7) A person who, not having exclusive rights under subsection (3), lodges any application, commits an offence and upon conviction is liable to a fine of not less than shillings two million to an application not consented to by the Board.
(8) A person who attempts or practices as a graduate architect, graduate quantity surveyor, architectural technician or architectural draughtsman without being registered under this Act commits an offence and upon conviction shall be liable to a fine not exceeding five million shillings or to imprisonment for a term of three months or to both.
(9) The Registrar may issue a notice of inquiries regarding a building project to any client, relevant authority or architect, quantity surveyor or firm as to compliance wherever any non-compliance is found.
(10) Subject to the provision of subsection (9), failure to comply with a notice of compliance within fourteen days, the Registrar shall issue a stop order, the effect of which shall be to suspend the continuance of the works until the provisions under this Act have been so complied with.
The Minister may, upon the written recommendation of the Board, for public interest, by order published in the Gazette, exempt any person or class of persons from all or any provisions of this Part or may modify all or any of the provisions of this Part in their application to any person or firm.
39. Proceedings for offences committed within certain period
(1) A person shall not be prosecuted for an offence under this Part committed within the period of six months after the commencement of this Act.
(2) The Board may, with the consent of the Minister, by notice published in the Gazette, extend the period of six months provided for in subsection (1) by any further period which it may specify.
PART VI
FINANCIAL PROVISIONS (ss 40-46)
The funds and resources of the Board shall consist of–
(a) registration and annual subscription fees by architects, quantity surveyors and firms, graduate architect, graduate quantity surveyor, architectural technician, architectural draftsman;
(b) any sums which may be appropriated by Parliament for the Board;
(c) any sums which the Board may receive by way of grant or loan from any person or organization;
(d) any sums legally obtained which the Board may, from time to time, borrow for the purposes of the activities of the Board; and
(e) any sums which may, in any manner, become payable to or vested in the Board either under the provisions of this Act or any other written law, or incidental to the carrying out of its functions.
(1) The Board shall cause to be kept proper books of accounts and shall, as soon as practicable after the end of each financial year, cause the accounts relating to that financial year together with–
(a) a statement of income and expenditure during that financial year; and
(b) a statement of the assets and liabilities of the last day of that financial year, to be submitted to the Controller and Auditor General.
(2) The copies of the statements referred to in subsection (1), and a copy of the auditors report shall be forwarded to the Minister.
42. Estimates of income and expenditure of the Board
The Registrar shall, at the end of each financial year, prepare and submit a report to the Board for approval, estimate of income and expenditure and upon approval shall forward such report to the Minister.
The Board shall have power to invest its funds in any investments which are authorized by, and subject to any conditions which are prescribed by the Trustee Investments Act *, 1957 in relation to investments of funds by a trustee.
44. Annual statement of accounts and Registrar's report to be laid before the National Assembly
The Minister shall cause to be laid before the National Assembly, as soon as may be practicable after he has received–
(a) copies of the statements referred to in subsection (1) of section 41 together with a copy of the auditors' report; and
(b) a copy of the Registrar's report.
45. Minister may give directions
The Minister may, in writing under his hand, give the Board directions of a general or specific nature which are for the public interest and the Board shall comply with those directions.
46. Remuneration of the members of the Board
The members of the Board shall be paid from the funds of the Board such fees or allowances at such rates as the Board may, determine in consultation with the Minister.
PART VII
MISCELLANEOUS PROVISIONS (ss 47-56)
Any person or a firm which–
(a) fraudulently makes, causes or permits to be made, any false or incorrect entry in the register or any copy of it;
(b) fraudulently procures or attempts to procure, whether for the firm, for himself or any other person, as an architect, quantity surveyors or firm;
(c) fraudulently procures or attempts to procure, whether for the firm, himself or any other person, a trading licence or professional licence as an architect, quantity surveyor or firm;
(d) knowingly and wilfully makes any statement which is false in material particular, or which is misleading, with a view to gaining any advantage, concession or privilege under this Act, whether for himself or for any other person; or
(e) provides architectural or quantity surveyor services in buildings or civil works without being properly registered under this Act,
commits an offence and upon conviction is liable to a fine not less than three hundred thousand shillings but not exceeding five million shillings or to imprisonment for a term not exceeding five years but not less than three years or to both.
(1) A person who contravenes or fails to comply with the provisions of this Act, commits an offence and where no penalty is provided under the respective provisions such person on conviction, is liable to a fine not exceeding five million shillings or imprisonment for a term not exceeding two years or to both.
(2) Where a firm contravenes or fails to comply with any of the provisions of this Act, a principal of the firm shall be deemed to commit the offence and upon conviction is liable to a fine not exceeding five million shillings or to imprisonment for a term not exceeding two years or to both unless he proves that the offence was committed without his knowledge, consent or connivance or was not attributable to any neglect on his part.
(3) A person who works in a public institution and provides services in architecture or quantity surveying without being registered under this Act commits an offence and upon conviction is liable to a fine not exceeding five million shillings or to imprisonment for a term not exceeding two years or to both.
49. Power to Compound Offences
(1) The Registrar may compound an offence committed under this Act by requiring a person to pay an amount of money which the Board may direct.
(2) The powers conferred under this section shall be exercised where the person admits in writing that he has committed an offence and agrees to the offence being compounded under this section.
(3) Subject to the provisions of subsection (2), the Registrar shall give a receipt to the person from whom he has received the amount.
(4) The Registrar shall submit to the Board in every three months a list of compounded offences that have been compounded in that period
A member or employee of the Board shall not be personally liable for any act or default done or omitted in good faith in the course of carrying out the responsibilities and functions of exercising the power conferred upon him by the Board.
51. Professional fees chargeable to architects, and quantity surveyors
(1) Every architect, quantity surveyor and every firm shall be bound by the scale of fees, prescribed by the Board notwithstanding any provision in any other law, regulations or by-laws of the authority, association, institute, society or organization to which he is a member.
(2) Any provision in any law, regulation, by-law of any authority, association, institute, society, organization of architects or quantity surveyors or firms, incorporated, or founded, providing for a minimum scale of fees for services rendered by an architect, quantity surveyor or firm shall not bind any member in relation to any services rendered in Tanzania and that provisions in any law, regulation or by-law shall not be put forward as a ground for claiming fees at a rate less than the rate prescribed, authorized, approved or decided by the Board or person appointed by the Board to act as an arbitrator.
(1) The Minister may upon the advice of the Board make regulations for the better carrying out of the provisions of this Act.
(2) Without prejudice to the generality of the provision of subsection (1), the Minister may make regulations for–
(a) the conduct of the business of the Board and the procedure to be followed in any inquiry;
(b) the duties of the Registrar, officers and other employees;
(c) registration of persons or firms and anything which is permitted or required by this Act;
(d) regulating disciplinary proceedings against the Registrar, officers and employees appointed by the Board;
(e) taking disciplinary action against the Registrar and officers appointed by the Board; and
(f) any other matter which is reasonable and in accordance with the laws regulating architecture or quantity surveying in the country.
With approval of the Minister, the Board may make by-laws–
(a) prescribing scale of fees which may be charged by architects, quantity surveyors or firms for services rendered by them;
(b) prescribing, certificates and other awards which may be conferred or granted by the Board;
(c) prescribing the conditions to be satisfied before granting any certificate or other award;
(d) prescribing the manner in which certificates or other awards may be granted;
(e) regulating the conduct of professional interviews and examinations;
(f) prescribing fees for admission to any course offered by the Board;
(g) prescribing fees payable to the Board by professionals and any other fees for effecting of the duties of the Board under this Act;
(h) prescribing fees payable by the candidates for any professional interview or examination held or conducted by the Board;
(i) providing for and regulating disciplinary proceedings against the students and candidates;
(j) prescribing rules for professional conduct and ethics for architects, quantity surveyors and firms;
(k) providing for the registration and regulating of graduate who undergo professional practical training, technicians and draughtsmen;
(l) prescribing the fees to be paid on application, registration, annual subscription, the issue of certificates or registration and extracts, registering projects, copies and lists of, or in relation to entries in the registers;
(m) to reconcile parties involved in disputes and in cases of disagreements, referring those cases to a legally established authority catering for arbitration;
(n) conducting arbitration for parties under dispute whose contracts or agreements stipulate mat the Board shall arbitrate their case;
(o) vetting of certificates, diplomas, degrees and the attendance academic transcripts for the express purpose of establishing whether or not the said certificates, meet the minimum acceptable requirements for registration with the Board;
(p) for regulation of architects and quantity surveyors in their execution of professional services, buildings or construction works, and to prescribe standards and conditions to be observed by them, prescribe for conditions regarding professional indemnity and to provide sanction for non-compliance;
(q) to provide for the procedure for controlling or stopping breaches of the provisions of this Act and Regulations made under it; and
(r) any other matter as the Board may think necessary.
54. Inconsistency with other legislation
Where any provisions of this Act is in conflict or is otherwise inconsistent with the provisions of any other written laws relating to architects and quantity surveying, the provisions of this Act shall prevail to the extent of such inconsistency.
The Architects and Quantity Surveyors (Registration) Act * is repealed.
56. Transition and Saving provisions
(1) Notwithstanding the repeal made under section 55 anything done or any act taken under or purported to have been done under the repealed Act, shall, be deemed to have been done under the provisions of this Act.
(2) A subsidiary legislation made or given under the repealed Act shall be deemed to have been made or given under the provisions of this Act and shall remain in force until revoked or rescinded by other subsidiary legislation made or given under this Act.
(3) The Minister may, at any time before the commencement of this Act, by order published in the Gazette, make transitional provisions which he may deem necessary for the better control and general supervision of the Architects and Quantity Surveyors.
FIRST SCHEDULE
(Section 4(2))
1. Tenure of office
(1) A member of the Board shall, unless he dies, resigns or vacates, hold office for a minimum period of three years until the time his appointment is revoked by the Minister for public interest.
(2) The Minister may fill any casual vacancy occurring if the member revokes the appointment and appoint a replacement.
(3) A member may resign by giving notice in writing to the appointing authority.
(4) One third of the members for the Board shall be changed upon the expiry of the three years term, except when the whole Board is being dissolved.
(5) The tenure of office shall be three years and the member of the Board may be eligible for re-appointment for one term.
2. Meetings of the Board
(1) The Board shall meet four times a year for transaction of its business.
(2) The Chairman shall preside at all meetings of the Board.
(3) Where at any meeting of the Board, the Chairman is absent, the Vice Chairman shall preside.
(4) In the absence of both, the Chairman and Vice Chairman at a meeting of the Board, members present shall elect amongst their number, a temporary Chairman.
(5) The Chairman or person presiding at the meeting of the Board shall, in the event of equality of votes, have a casting vote in addition to his deliberative vote.
(6) The Secretary of the Board shall give to each member adequate notice of the time and place of the meeting.
(7) The Board may co-opt any person to participate in the deliberation at any meeting of the Board, but the person so co-opted shall not be entitled to vote.
(8) The Board may hold an extra ordinary meeting, if requested in writing by half of the members or at any other time where exigency so require.
3. Vice Chairman
In its first meeting members of the Board shall elect, from amongst their number, a Vice Chairman.
4. Quorum
At any meeting of the Board not less than half of the members in office for the time being shall constitute a quorum.
5. Decision of the Board
(1) Subject to the provision relating to the casting vote, all questions relating to a casting vote, shall be determined by majority of the votes of the members present.
(2) Notwithstanding the provisions of sub-paragraph (1), a decision may be made by the Board without meeting by circulation of the relevant papers among the members, and the expression in writing of the views of the majority of the members.
(3) The validity of any act or proceedings of the Board shall not be affected by a vacancy among its members who are at the material time, disqualified to act as such.
6. Records and minutes
(1) The Board shall cause to be recorded and kept minutes of all business conducted or transacted at its meeting and the minutes of each meeting of the Board shall be read and confirmed or amended and confirmed at the next meeting of the Board and signed by the person presiding at the meeting.
(2) Any minutes purporting to be signed by the person presiding at a meeting of the Board shall, in absence of proof or error be deemed to be a correct record of the meeting, whose minutes they purport to be.
7. Orders and directions
All orders, directions, notices or other documents issued by or on behalf of the Board shall be signed by the–
(a) the Chairman; or
(b) the Secretary or any officer of the Board authorised in writing in that behalf by the Secretary
8. Seal of the Board
The seal of the Board shall not be affixed to any instrument except in the presence of the Chairman or the Secretary or some other officer of the Board and at least one member of the Board.
9. Board may regulate its own procedure
Subject to the provisions of this Schedule, the Board may regulate its own proceedings.
10. Proceedings not to be invalid by reason of irregularity
No act or proceedings of the Board shall be invalid by reasons of the number of the members not being complete at the time of any act, proceedings or of any defect in the appointment of any member who, at the time in question, is disqualified or disentitled by that reason to act as such.
SECOND SCHEDULE
CATEGORY OF BUILDINGS
(Section 17(2))
1. All double storey level buildings and above of whatever size and value.
2. All buildings located in cities, municipalities, districts headquarters and towns whose value exceeds such sum as shall, from time to time, be determined by the Board for different disciplines of construction industry and all residential buildings which require inputs of structural design.
3. All public buildings, including higher learning institutions, secondary and primary schools, markets, hospitals, religious buildings, stadia, cinema courts, playing grounds, swimming pools, clubs, commercial buildings and all other similar buildings where the public are allowed or permitted to enter.
4. All industrial buildings, that is, factories, warehouses, garages, milling mills and other buildings in which operations of industrial nature are conducted or undertaken.
{/mprestriction}