CHAPTER 269
THE 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 BOARD AND ITS FUNCTIONS

 

   3.   Establishment of the Board.

 

   4.   Functions of the Board.

 

   5.   Limitation of liability.

 

   6.   Appointment of Registrar.

 

 

 

PART III
REGISTRATION

 

   7.   Registers.

 

   8.   Publication of registers and lists.

 

   9.   Publication prima facie evidence of registration.

 

   10.   Qualifications for registration.

 

   11.   Conditions for consultants.

 

   12.   Temporary registration.

 

   13.   Restriction on registration of non-citizens and foreign consulting firms.

 

 

 

PART IV
CANCELLATION AND SUSPENSION OF REGISTRATION

 

   14.   Cancellation.

 

   15.   Restoration to the register.

 

   16.   Power to suspend registration, etc.

 

   17.   Proceedings at an inquiry.

 

   18.   Disobedience to summons and refusal to give evidence.

 

   19.   Appeals.

 

   20.   Appeals Authority.

 

   21.   Rules of proceedings before Appeals Authority.

 

 

 

PART V
RESTRICTION ON PRACTISING AS AN ARCHITECT, QUANTITY SURVEYOR OR ARCHITECTURAL AND/OR QUANTITY SURVEYING FIRM

 

   22.   Use of description "Registered" and effect of registration.

 

   23.   Restrictions on practising as an architect, quantity surveyor or consulting firm.

 

   24.   Bodies of persons operating as architects, quantity surveyors or consulting firms.

 

   25.   Definition of "carrying on business" or "practising as" architect, etc.

 

   26.   Exemption.

 

   27.   Proceedings for offences committed within certain period.

 

 

 

PART VI
ACTIVITIES OF THE BOARD AND FINANCIAL PROVISIONS

 

   28.   Board may delegate its functions.

 

   29.   Accounts and audit.

 

   30.   Registrar's report.

 

   31.   Funds of the Board.

 

   32.   Power to invest.

 

   33.   Annual statement of accounts and Registrar's report to be laid before the National Assembly.

 

   34.   Minister may give directions.

 

 

 

PART VII
MISCELLANEOUS PROVISIONS

 

   35.   Offences.

 

   36.   Professional fees chargeable by architects, etc.

 

   37.   Regulations.

 

   38.   By-laws.

 

   39.   Proceedings not to be invalid by reason of irregularity.

 

   40.   [Repeal of Act No. 35 of 1972.]

 

   41.   Savings.

 

 

 

SCHEDULE

CHAPTER 269
ARCHITECTS AND QUANTITY SURVEYORS (REGISTRATION) ACT

An Act to establish a Board to regulate the conduct of architects, quantity surveyors and architectural and quantity surveying consulting firms, to provide for their registration and for related matters.

[1st August, 1997]
[G.N. No. 319 of 1997]

Acts Nos.
16 of 1997
10 of 2001

PART I
PRELIMINARY PROVISIONS (ss 1-2)

 

1.   Short title

   This Act may be cited as the Architects and Quantity Surveyors (Registration) Act.

 

2.   Interpretation

   In this Act, unless the context requires otherwise–

   "Appeals Authority" means the Appeals Authority referred to in section 19;

   "architect" means any person registered as such under this Act;

   "Board" means the Board of Architects and Quantity Surveyors established under section 3;

   "foreign" in relation to firm or company means a firm or company registrable under Part XII of the Companies Ordinance whose majority shares are owned by non-citizens;

   "member" in relation to the Board or the Appeals Authority includes the Chairman and the Vice-Chairman;

   "Minister" means the Minister responsible for works;

   "quantity surveyor" means any person registered as such under this Act;

   "register" means the Register of Architects and Quantity Surveyors;

   "registered" means being entered in the relevant register under this Act;

   "registered consultant architect" means a person or firm whose name is entered in the register as a registered consultant architect;

   "registered consultant quantity surveyor" means person or firm whose name is entered in the register as a registered consultant quantity surveyor;

   "Registrar" means the Registrar appointed in accordance with the provisions of section 6.

PART II
ESTABLISHMENT OF THE BOARD AND ITS FUNCTIONS (ss 3-6)

 

3.   Establishment of the Board

   (1) There is hereby established a Board to be known as the Architects and Quantity Surveyors Registration Board.

   (2) The Board shall be a body corporate with perpetual succession and common seal and–

 

   (a)   in its corporate name be capable of suing and being sued;

 

   (b)   be capable of acquiring, holding and disposing of movable and immovable property.

   (3) The provisions of Schedule to this Act, shall have effect as to the constitution and proceedings of the Board.

   (4) The Minister may, by order published in the Gazette, amend, add to, vary, revoke or replace the provisions of the Schedule to this Act.

 

4.   Functions of the Board Act No. 10 of 2001 Sch.">

   Subject to the provisions of this Act and any regulations made under it, the functions of the Board shall be–

 

   (i)   to maintain registers and sub-registers of architects, quantity surveyors or firms of architects or quantity surveyors both local or foreign, architectural and quantity surveying assistants, architectural technicians and to make decisions on applications for their registration and annual subscription and such other fees as may be required;

 

   (ii)   to regulate the activities and conduct of architects, quantity surveyors and consulting firms;

 

   (iii)   to enter and inspect the construction, installation or erection sites for the purpose of verifying and ensuring that the works designed are supervised by registered professionals, and that they comply with all governing regulations and laws of the country;

 

   (iv)   to issue stop orders against works being constructed, levy penalties and take legal action of both civil and criminal nature against persons or firms both local or foreign, practising or operating as architects or quantity surveyors who breach any provision of this Act and by-laws made under it.

 

   (v)   to verify and ensure that, every site for construction, installation, erection, or alteration work, has a signboard which shows the names and addresses of the project, client, consultants and the contractors of the project and to take legal action against defaulters;

 

   (vi)   to promote and provide opportunities and facilities for the study of and for the training in architecture, quantity surveying and allied subjects;

 

   (vii)   to sponsor, arrange and provide facilities for courses, conferences, seminars, discussions and consultations on matters relating to the subjects referred to in paragraph (vi);

 

   (viii)   to sponsor, arrange and provide facilities for courses, conferences, seminars, discussions and consultations on matters relating to the subjects referred to in paragraph (vi);

 

   (ix)   to arrange for publication and general dissemination of materials produced in connection with the work and activities of the Board;

 

   (x)   to liaise with other institutions involved in architecture and quantity surveying;

 

   (xi)   to certify academic awards issued by training institutions for the purposes of consideration of awards for registration;

 

   (xii)   to grant diplomas, certificates and other awards of the Board for examinations conducted by the Board;

 

   (xiii)   to take disciplinary action against registered architects, quantify surveyors and consulting firms, contravening the provisions of this Act;

 

   (xiv)   to offer advisory services to the construction industry;

 

   (xv)   to 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;

 

   (xvi)   to carry out any other functions which are in the public interests and which the Minister may, in writing, direct; and

 

   (xvii)   to promote and enforce professional conduct, ethics and integrity of architects, quantity surveyors and firms practising or operating in Tanzania.

 

5.   Limitation of liability

   A member 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 or exercising the power conferred upon the Board.

 

6.   Appointment of Registrar

   (1) The Board shall appoint among registered architects or quantity surveyors a Registrar of the Board who shall hold office in accordance with the terms of his appointment.

   (2) The Registrar shall be responsible and answerable to the Board.

PART III
REGISTRATION (ss 7-13)

 

7.   Registers

   (1) The Registrar shall keep and maintain, a register of architects, a register of quantity surveyors and a register of consulting firms in which the name of every person entitled to have his name entered in it as a registered architect, registered quantity surveyor or a registered consulting firm, as the case may be, shall be entered as soon as is practicable after his being accepted by the Board for registration.

   (2) The registers referred to in subsection (1) shall each contain the following entries:

 

   (a)   the date of entry;

 

   (b)   name and postal address(es);

 

   (c)   qualifications;

 

   (d)   registration number;

 

   (e)   category of registration (local or foreign);

 

   (f)   physical address;

 

   (g)   the key managerial, professional, technical and other personnel in the case of a firm;

 

   (h)   principal of the firm;

 

   (i)   type of registration;

 

   (j)   duration of registration;

 

   (k)   any other particulars which the Board may, direct.

   (3) Any addition in the particulars other than required under subsection (1) shall be entered in the appropriate entry by the Registrar:

   Provided that no architect, quantity surveyor, principal of a consulting firm shall be allowed to have more than one consulting firm.

 

8.   Publication of registers and lists

   (1) The Registrar shall, by notice published in the Gazette, as soon as may be practicable after registration, publish the name, address and qualifications of each registered architect, registered quantity surveyor, and registered consulting firm (including principals) and subject to the directions of the Board, may publish any amendment to or deletion from the register.

   (2) The Registrar shall by notice published in the Gazette, as soon as practicable after the first day of January each year, publish a list containing the names, addresses and qualifications of all registered architects, quantity surveyors and consulting firms remaining on the register after 31st December of the previous year.

 

9.   Publication prima facie evidence of registration

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