CHAPTER 270
PROFESSIONAL SURVEYORS (REGISTRATION) ACT
[SUBSIDIARY LEGISLATION]
INDEX TO SUBSIDIARY LEGISLATION
BY-LAWS
TABLE OF CONTENTS
By-Law
Title
1. Citation.
2. Interpretation.
3. Chairman to convene meetings.
4. Chairman may act on information.
5. Jurisdiction and procedure for hearing.
6. Action by the Council after hearing an allegation of breach of discipline.
7. Council may order payment of costs.
8. Council may act on recorded evidence.
9. Notice of decision of the Council.
10. Cancellation and suspension of certificate and licence.
11. Professional Surveyor may apply to have his name removed from Register.
12. Re-registration.
SCHEDULE
PROFESSIONAL SURVEYORS (REGISTRATION) (DISCIPLINARY) BY-LAWS
(Section 26)
G.N. No. 18 of 1978
1. Citation
These By-Laws may be cited as the Professional Surveyors (Registration) (Disciplinary) By-Laws.
2. Interpretation
In these By-laws, unless the context otherwise requires–
"Act" means the Professional Surveyors (Registration) Act *;
"Appeals Authority" means the Appeals Authority established under subsection (1) of section 16 of the Act;
"Chairman" means the Chairman of the National Council of Professional Surveyors, appointed under section 4 of the Act;
"Council" means the National Council of Professional Surveyors established by section 3 of the Act;
"misconduct" means professional misconduct including conviction of a criminal offence by a competent court in respect of embezzlement, fraud, theft, bankruptcy and includes any act or omission which in the opinion of the Council, amounts to improper or disgraceful conduct in a professional respect (e.g. lies, corruption, inducement of clients to abandon other professional surveyors, etc.);
"Secretary" means the secretary of the Council appointed under section 7 of the Act.
3. Chairman to convene meetings
The Chairman may at any time convene a meeting of the Council for the purpose of enquiring into any allegation of misconduct made against any professional surveyor.
4. Chairman may act on information
In the exercise of his power under by-law 3 of these by-laws, the Chairman may act upon information which is brought to his notice in any manner.
5. Jurisdiction and procedure for hearing
(1) The Council shall have jurisdiction to hear and determine–
(a) any application by a professional surveyor to procure the removal of his name from the register; or
(b) an application by any person to remove the name of a professional surveyor from the register; or
(c) an allegation of misconduct made against a professional surveyor by any person.
(2) Where an application for removal or allegation of misconduct is made under subparagraph (b) or subparagraph (c) of paragraph (1) the Council shall have power to require the professional surveyor in respect of whom the application is made, or in respect of whom such allegation is made, to show cause why his name should not be removed from the register of the professional surveyors or to answer the allegation made, as the case may be:
Provided that where, in the opinion of the Council, an application under subparagraph (b) of paragraph 1 of this by-law, or an allegation under by-laws subparagraph (c) of paragraph (1) of this by-law does not disclose a prima facie case the Council may refuse such application or may dismiss the allegation without requiring the professional surveyor to whom the application or allegation relates to show cause why his name should not be removed from the register or to answer the allegation, as the case may be.
(3) On hearing of an application under subparagraph (b) of paragraph 1 of this by-law or any allegation under subparagraph (c) of paragraph (1) of this by-law the Council shall give the professional surveyor to whom the application relates or against whom the allegation is made an opportunity to appear and be heard by it, and for that purpose shall, not less than seven days before the date fixed for the hearing, inform him of such date and of particulars of the application or allegation, furnish to him a copy of any affidavit made in respect of the application or allegation, and notify him of the time and place when and where he may inspect and make a copy of any other document in the possession of the Council which it deems relevant to the application or allegation.
(4) For the purpose of proceedings at any inquiry held by it, the Council shall have power–
(a) to summon persons to attend and give evidence; and
(b) to order any person to produce required documents.
(5) All summons and orders issued under the hand of the Chairman, or Vice-Chairman or the Secretary of the Council, shall be deemed to have been issued by the Council.
(6) The Chairman, or in his absence, the Vice-Chairman shall record, or cause to be recorded a summary of any proceedings including any oral evidence given at any inquiry held by the Council.
(7) Subject to the provisions of these by-laws and regulations made under section 27 of the Act, the Council shall have power to regulate its own procedure at an inquiry held by it.
6. Action by the Council after hearing allegation of breach of discipline
Upon the conclusion of the hearing under by-law 5 the Council may, if it is satisfied of the truth of the allegation upon which an application under paragraph (1) is an founded or any allegation of misconduct made against the professional surveyor has been proved–
(a) direct that the name of the professional surveyor be removed from the register; or
(b) admonish or warn the professional surveyor; or
(c) suspend the professional surveyor from practising for such period as the Council may direct.
7. Council may order payment of costs
In any proceedings under by-law 5, the Council shall have power to make any such order as to payment of any part of any such cost of a witness's expenses as it may decide.
8. Council may act on recorded evidence
If in the course of any hearing before the Council after the whole or any part of the evidence has been heard and recorded, there is for any reason a change in the personnel of the Council, the Council may either act on the evidence so recorded before such change as the case may be, or re-summon the witnesses and recommence the hearing:
Provided that the professional surveyor whose misconduct is the subject matter of the proceedings may, when the Council resumes its proceedings after such change, demand that all or any of the witnesses be re-summoned and reheard and shall be informed of such right by the Council when it so resumes its proceedings.
9. Notice of decision of the Council
(1) Where under these by-laws any professional surveyor is admonished or an order is made by the Council removing his name from the register, the Secretary shall cause a notice of admonition or order to be entered against the name of the professional surveyor on the register, and where the order so directs, shall remove his name from the register.
(2) Any professional surveyor aggrieved by any decision or order of the Council under these by-laws may, within thirty days of such decision or order, appeal to the Appeals Authority against such decision or order, in accordance with the provisions of the Act.
10. Cancellation and suspension of certificate and licence
Where under the provisions of these by-laws a professional surveyor has been removed from the register, his licence and registration certificate shall be cancelled forthwith and be obliged to be surrendered to the Secretary and in the case of suspension, the licence shall be invalid for the period of such suspension.
11. Professional Surveyor may apply to have his name removed from Register
(1) An application at the instance of a professional surveyor himself to procure his name to be removed from the register pursuant to subparagraph (a) of paragraph (1) of by-law 5, shall be in writing and his certificate of registration and licence shall be attached thereto.
(2) The application for removal shall be sent to the Secretary who shall tender the same before the Council.
(3) Upon receipt of such application the Council shall give notice of such application in the Gazette.
(4) If any person intends to object to the application, he shall give notice in writing to the professional surveyor and the Secretary specifying the grounds for his objection, within six weeks following the date publication of the notice.
(5) Where, in the opinion of the Council, the notice of objection does not disclose a prima facie case, the Council may dismiss the objection without reference to the professional surveyor or to the party objecting, and shall cause his name to be removed from the register.
(6) Where there is a prima facie case for an enquiry to take place the Council shall give notice of not less than seven days before the date of enquiry, to the professional surveyor and the party objecting.
(7) Upon the conclusion of the hearing under paragraph (6) of by-law 11 the Council shall direct that the name be removed from the register or shall uphold the objection, as the case may be.
(8) Any person aggrieved by the decision of the Council may within thirty days of notice of such decision, appeal to the Appeals Authority.
12. Re-registration
(1) Where the name of any person has been deleted from the register under the provision of by-law 6, such person shall not be considered for re-registration within five years from the date of deletion.
(2) If, after five years from the date of deletion, the Council is satisfied that the person has reformed in respect of the misconduct that led to his deletion, that person may be re-registered.
(3) Where the name of any person has been removed from the register under the provision of by-law 11, such a person shall be considered for re-registration if he applies after five years from the date of his removal.
SCHEDULE
FORMS
FORM 1
FORM OF APPLICATION AGAINST A PROFESSIONAL SURVEYOR
THE NATIONAL COUNCIL OF PROFESSIONAL SURVEYORS
THE PROFESSIONAL SURVEYORS (REGISTRATION) ACT
To: The Secretary, |
In the matter of (name) ................................................................................................. |
In the matter of the Professional Surveyors (Registration) Act. |
I, the undersigned (name ............................................................................................. |
In witness whereof I have hereinto set my hand this ......................... day of ........................., 20........ |
Signature ............................................................... |
Postal Address ..................................................................... |
Profession, Business or Occupation: .............................................................................. |
FORM 2
FORM OF NOTICE TO APPLICANT BY THE SECRETARY
THE NATIONAL COUNCIL OF PROFESSIONAL SURVEYORS
THE PROFESSIONAL SURVEYORS (REGISTRATION) ACT
{mprestriction ids="1,2,3"}
In the matter of ................................................................................................... (name) Professional Surveyor |
In the matter of the Professional Surveyor (Registration) Act. |
To: ....................................................... (name) of .......................................................... |
The ......................... day of ................................. is the day fixed for the hearing of your application in the matter of .................................................................................. (name of professional surveyor) by the Council. |
The Council will sit at ........................................................................... (place and time) |
You are requested to acknowledge receipt of this notice without delay. |
Dated this ......................... day of ......................... 20........ |
..................................................... |
FORM 3
FORM OF NOTICE TO PROFESSIONAL SURVEYOR BY THE SECRETARY
THE NATIONAL COUNCIL OF PROFESSIONAL SURVEYORS
THE PROFESSIONAL SURVEYORS (REGISTRATION) ACT
In the matter of ................................................................................................ (name), |
In the matter of the Professional Surveyors (Registration) Act. |
To: ............................................................ (name) .......................................................... |
Application has been made by ............................................................................ (name) |
The ......................... day of ................................. is the day fixed for the hearing of the application, by the Council. The Council will sit at .............................................................. |
You are required to furnish the said ......................................... (name of applicant) and me by ..................................................... (date and time) with a list of all documents on which |
Dated this ......................... day of ......................... 20........ |
..................................................... |
FORM 4
FORM OF SUMMONS TO GIVE EVIDENCE
THE NATIONAL COUNCIL OF PROFESSIONAL SURVEYORS
THE PROFESSIONAL SURVEYORS (REGISTRATION) ACT
In the matter of ................................................................................................ (name), |
In the matter of the Professional Surveyors (Registration) Act. |
To: ........................................................ (name) of .......................................................... |
Whereas your attendance is required to give evidence on behalf of .................................. |
GIVEN under my hand at ........................................................................ (place) this ......................... day of ......................... 20........ |
............................................................... |
(Section 26(a))
G.N. No. 229 of 2001
The following are Diplomas recognised by the National Council of Professional Surveyors:
1. Certificate of the East African Land Survey Examination Board;
2. Advanced Diploma in Land Surveying, Land Management and Valuation of Ardhi Institute, Dar es Salaam; and
3. Diploma of the Royal Institution of Chartered Surveyors (UK).
REGULATIONS
TABLE OF CONTENTS
Regulation
Title
1. Citation.
2. Interpretation.
3. Application for registration to be made to the Council.
4. Admissions and registration.
5. Form of declaration.
6. Certificate and licence to be issued.
7. Secretary to forward certificate and licence.
8. Secretary to maintain a register.
SCHEDULE
THE PROFESSIONAL SURVEYORS (REGISTRATION) (APPLICATION FOR REGISTRATION AND LICENSING) REGULATIONS
(Section 27)
G.Ns. Nos.
19 of 1978
230 of 2001
1. Citation
These Regulations may be cited as the Professional Surveyors (Registration) (Application for Registration and Licensing) Regulations.
2. Interpretation
In these Regulations, unless the context otherwise requires–
"Act" means the Professional Surveyors (Registration) Act *;
"Chairman" means the Chairman of the National Council of Professional Surveyors;
"certificate" means a certificate awarded by the Council to a fully or a temporarily registered surveyor pursuant to the provisions of the Act;
"licence" means a licence awarded by the Council to a professional/provisional/temporary surveyor authorising him to practise as such within Tanzania, pursuant to the provision of the Act.
"Register" has the meaning assigned to it in the Act;
"Secretary" means the person performing the duties of a Secretary to the Council.
3. Application for registration to be made to the Council
(1) A person wishing to be considered for registration as a professional surveyor shall make an application on a prescribed form, to the Council.
(2) Every professional surveyor or professional firm applying for a licence, shall do so in the prescribed form.
(3) The Council is hereby empowered to set addition requirements relating to post-qualification experience referred to in regulation 4(1)(i)(b) of these Regulations.
4. Admissions and registration
A person may be considered for admission and registration if–
(a) in the case of full registration–
(i) he is a holder of a degree or diploma from a University or institute recognised by the Council; and
(ii) he has had at least five years' post-qualification practical experience; or
(iii) is a fully registered member or fellow of a professional institution which, by notice in the Gazette is recognised and approved by the Council; or
(iv) he is a provisionally registered surveyor who has practised in that status for a period of not less than three (3) years; or
(v) he has attained an outstanding academic qualification and has made academic contributions to the surveying profession to the satisfaction of the Council;
(b) in the case of provisional registration–
(i) he is a holder of a degree or diploma from a University or institute recognised by the Council; and
(ii) he has had at least two years' post-qualification practical experience which is approved by the Council; or
(iii) he is a holder of a certificate awarded by the Council and has acquired the practical experience prescribed by regulation 3(3); and
(iv) he has had at least five years' practical experience; or
(v) he is a professional registered member or associate member of a professional institution which, by notice in the Gazette, is recognised and approved by the Council;
(c) in the case of temporary registration–
(i) he is a holder of a degree or diploma from a University or institute recognised by the Council; and
(ii) he has had at least two years' post-qualification practical experience; or
(iii) he is a fully registered member or fellow of a professional institution which, by notice in the Gazette, is recognised and approved by the Council; or
(iv) he is an associate member of a professional institution which, by notice in the Gazette, is recognised by the Council, and has practised in that status for a period of not less than three years;
(v) he has attained an outstanding academic qualification and has made academic contributions to the surveying profession to the satisfaction of the Council.
5. Form of declaration
The form of declaration to be made by the fully or temporarily registered surveyor applying for a licence shall be as set out in Form 2 in the Schedule to these Regulations.
6. Certificate and licence to be issued
The Council, on receiving an application and having duly considered the application, may, if satisfied, award a certificate and/or a licence to any professional or temporary surveyor, as the case may be.
7. Secretary to forward certificate and licence
It shall be the duty of the Secretary to forward in accordance with the provisions of these Regulations, certificates and licences awarded by the Council, to professional, provisional or temporary surveyors named therein, as the case may be.
8. Secretary to maintain a register
The Secretary shall keep, in accordance with the provisions of the Act and any regulations made thereunder, a register of all professional or provisional or temporary surveyors, and a register of licences issued.
SCHEDULE
FORMS
FORM 1
APPLICATION TO BE CONSIDERED FOR REGISTRATION AS A PROFESSIONAL/PROVISIONAL/TEMPORARY SURVEYOR
THE NATIONAL COUNCIL OF PROFESSIONAL SURVEYORS
THE PROFESSIONAL SURVEYORS (REGISTRATION) ACT
To: The Secretary, |
Sir, APPLICATION TO BE CONSIDERED FOR REGISTRATION AS A PROFESSIONAL/PROVISIONAL/TEMPORARY 1 SURVEYOR |
I, ............................................................................................. (name of applicant) of ........................................................................................ (place, business or occupation) hereby apply for registration as a Professional/Provisional/Temporary Surveyor. |
(i) Academic qualifications ..................................................................................... |
(ii) Professional qualifications ................................................................................. |
(iii) Practical Experience ........................................................................................ |
I enclose copies of the following documents in support of my application: |
The relevant application fee of Shs. ............................. is also enclosed. |
I solemnly and sincerely declare that the information given above is true and correct in every particular and I acknowledge that any inaccuracy therein may invalidate this application. |
Date this ......................... day of ......................... 20........ |
..................................................... |
FORM 2
APPLICATION FOR A LICENCE
THE NATIONAL COUNCIL OF PROFESSIONAL SURVEYORS
THE PROFESSIONAL SURVEYORS (REGISTRATION) ACT
I, ..................................................................................................................... (name) |
1. Business address ............................................................................................. |
2. Registration Number ......................................... Date ........................................ |
3. Principal/Director/Partner 1 |
4. Signatures of two referees are required, one of which must be that of a fully registered surveyor. |
Referees: |
(i) Name: .............................................................................................................. |
Signature: .......................................................... |
Address: ......................................................... |
Registration Number: .......................................... |
Date of Registration: ........................................... |
(ii) Name: ............................................................... |
Signature: .......................................................... |
Address: ......................................................... |
Registration Number: .......................................... |
Date of Registration: ........................................... |
The relevant application fee of .............................................. is also enclosed. |
Declaration: |
I solemnly and sincerely declare that the information given above is true and correct in every particular and I acknowledge that any inaccuracy therein may invalidate this application. |
Witness my hand this ......................... day of ......................... 20........ |
..................................................................... |
FORM 3
LETTER OF NOTIFICATION FOR REGISTRATION/LICENCE
THE NATIONAL COUNCIL OF PROFESSIONAL SURVEYORS
THE PROFESSIONAL SURVEYORS (REGISTRATION) ACT
To: ........................................................................ |
(Professional/ Provisional/ Temporary 1 Surveyor) |
(Address) .......................................................... |
LETTER OF NOTIFICATION FOR REGISTRATION/LICENCE |
I have pleasure/regret 2 to notify you that the Council, at Meeting Number ......................... |
Your certificate/licence 6 shall be forwarded to you upon receipt of the appropriate fee of |
...................................................... |
FORM 4
FORMAT OF REGISTER
THE NATIONAL COUNCIL OF PROFESSIONAL SURVEYORS
THE PROFESSIONAL SURVEYORS (REGISTRATION) ACT
|
| ||||||
TABLE OF CONTENTS
Regulation
Title
PART I
PRELIMINARY PROVISIONS
1. Citation.
2. Interpretation.
PART II
MEMBERSHIP AND FUNCTIONS OF THE COMMITTEE
3. Appointment of and membership of Committee.
4. Functions of the Committee.
5. Meetings of the Committee.
6. Quorum.
7. Minutes of the Committee.
8. Committee to regulate its own proceedings.
9. Committee may act notwithstanding any vacancy.
PART III
EXAMINATIONS OF THE COUNCIL
10. Conditions.
11. Examiners.
12. Duties of examiners.
13. Certificates.
14. Proceedings of the Committee not to be invalid.
THE PROFESSIONAL SURVEYORS (REGISTRATION) (EDUCATIONAL AND TECHNICAL COMMITTEE) REGULATIONS
(Section 27(d))
G.N. No. 20 of 1978
PART I
PRELIMINARY PROVISIONS (regs 1-2)
1. Citation
These Regulations may be cited as the Professional Surveyors (Registration) (Educational and Technical Committee) Regulations.
2. Interpretation
In these Regulations, unless the context otherwise requires–
"Act" means the Professional Surveyors (Registration) Act *;
"certificate" means the certificate awarded by the Council after passing an examination set by the Council.
"Committee" means the Educational and Technical Committee appointed under regulation 3;
"Council" means the National Council of Professional Surveyors established by section 3 of the Professional Surveyors (Registration) Act;
"examiner" means any person appointed as examiner under these Regulations;
PART II
MEMBERSHIP AND FUNCTIONS OF THE COMMITTEE (regs 3-9)
3. Appointment of and membership of Committee
(1) The Council shall appoint a Committee which shall consist of–
(a) at least two of their members, of which one shall be appointed Chairman of the Committee; and
(b) at least four co-opted members.
(2) The members shall elect a Vice-Chairman and Secretary from amongst their number.
(3) The office of a member shall become vacant if his appointment is revoked or he resigns or dies.
(4) A member can resign by giving notice in writing to the Council, and his resignation shall be effective from the date when his resignation has been accepted by the Council.
4. Functions of the Committee
The functions of the Committee shall be to–
(a) promote and maintain the educational standards generally required for professional surveyors;
(b) evaluate academic and practical qualifications of people who aspire to be registered as professional surveyors and make such recommendations to the Council for approval;
(c) make rules for the conduct of the examination of candidates in accordance with the provisions of the Act and submit the rules to the Council for approval;
(d) scrutinise the applications of candidates for examination or examinations and submit its recommendations to the Council for approval;
(e) prepare syllabus required for candidates and submit the syllabus to the Council for approval;
(f) scrutinise questions to be set for examinations and submit recommendations to the Council for approval;
(g) scrutinise and consider the report on an examination submitted by the examiners and submit the report with recommendations to the Council for approval;
(h) provide opportunities or facilities for the study of and training in land surveying and land economy, and to promote the development of research and the application of technical information relating to land surveying and land economy.
5. Meetings of the Committee
(1) The Committee shall meet at least once in two months or at such times as may be necessary or expedient for the transaction of its business and all meetings of the Committee shall be convened by the Chairman or in his absence, the Vice-Chairman who shall appoint a suitable time, place and date for the holding of each meeting.
(2) The Chairman, or in his absence, the Vice-Chairman, shall preside at the meeting of the Committee.
6. Quorum
(1) A majority of the members of the Committee shall constitute a quorum at any meeting of the Committee.
(2) A decision of the majority of the members present and voting at the meeting of the Committee shall be deemed to be a decision of the Committee.
(3) Every member of the Committee shall have one vote and in the event of any equality of votes the Chairman of the meeting shall have a second or casting vote in addition to his deliberative vote.
7. Minutes of of the Committee
(1) It shall be the duty of the Secretary of the Committee to record and keep all minutes of any proceedings taken at the meeting of the Committee.
(2) Minutes in proper form, of each meeting of the Committee shall be confirmed by the Committee at their next meeting and signed by the Chairman of the meeting.
(3) Duly executed minutes shall thereafter be submitted to the Council for information or otherwise.
8. Committee to regulate its own proceedings
Subject to the provisions of these Regulations and to any regulations which may be made under section 27 of the Act, the Committee shall have power to regulate its own procedure.
9. Committee may act notwithstanding any vacancy
Subject to the provisions of regulation 6 relating to quorum, the Committee may act notwithstanding any vacancy in the membership thereof.
PART III
EXAMINATIONS OF THE COUNCIL (regs 10-14)
10. Conditions
The following conditions shall be fulfilled by an applicant for examination–
(a) he shall have previously practised land surveying of land economy regularly and faithfully for a period not less than five years;
(b) he shall have pursued a suitable course of study in land surveying or land economy as set out in the syllabi approved by the Council.
11. Examiners
The Committee may with the approval of the Council, appoint such examiners as may be necessary for carrying out the duties prescribed in these Regulations.
12. Duties of examiners
The duties of the examiners shall be–
(a) to set the questions for an examination and provide model answers thereof;
(b) to mark the answers to the questions set for an examination and to submit such marked answers and a report thereon to the Committee.
13. Certificates
(1) Except as otherwise provided in these Regulations no person shall be awarded a certificate by the Council unless he has passed the prescribed examination to the satisfaction of the Council.
(2) The certificate, in the form prescribed by the Council, shall be signed by the Chairman and the Secretary to the Council.
14. Proceedings of the Committee not to be invalid
No act or proceedings of the Committee shall be invalid by reason only of the fact that there is some defect in the appointment of the person purporting to be a member thereof.
(Section 27(e))
G.N. No. 21 of 1978
1. Citation
These Regulations may be cited as the Professional Surveyors (Registration) (Duties of the Secretary) Regulations.
2. Interpretation
In these Regulations, unless the context otherwise requires–
"Act" means the Professional Surveyors (Registration) Act *;
"Chairman" means Chairman of the Council and includes a Vice-Chairman;
"Council" means the National Council of Professional Surveyors established under section 3 of the Act;
"Register" has the meaning assigned to it in the Act;
"Regulations" means regulations made under section 27 of the Act;
"Secretary" means the person performing the duties of a Secretary to the Council.
3. Additional duties of Secretary
In addition to the duties expressly provided in the Act and in these Regulations, the functions of the Secretary shall be–
(a) to act as chief executive of the Council;
(b) to provide and maintain in good custody the register;
(c) to register all the members admitted by the Council;
(d) to delete any name of any expelled professional surveyor;
(e) to advise the Council in matters relating to the proper execution of the administrative functions;
(f) to deal with all correspondence under the general supervision of the Council;
(g) to consult with the Chairman, or if not available, the Vice-Chairman, in urgent matters where the Council cannot be consulted;
(h) to issue notices convening all meetings of the Council;
(i) to prepare agenda for meetings subject to the approval of the Chairman;
(j) to record and keep minutes and preserve all records of proceedings of the Council and such other Committees;
(k) to issue in conjunction with the Chairman certificates of registration in accordance with the Act and these Regulations;
(l) to prepare and forward licences to professional surveyors;
(m) to maintain and control accounts of the Council;
(n) to receive and disburse under the directions of the Council all monies received;
(o) to issue receipts of all monies received by him;
(p) to preserve vouchers for all monies paid by him;
(q) to maintain and preserve proper books of accounts of all monies received and paid;
(r) to prepare annual budget for the Council's approval;
(s) to co-ordinate the activities and functions of the Committees;
(t) to issue summons to witnesses required to give evidence before the Council;
(u) to prepare the annual report;
(v) to publish the annual register;
(w) to perform such other functions as may be directed by the Council.
4. Further regulations
The Minister may further make other regulations pursuant to section 27 of the Act amending the regulations hereof.
TABLE OF CONTENTS
Regulation
Title
1. Citation.
2. Members to elect Vice-Chairman.
3. Meetings of the Council.
4. Procedure and regulations of meetings.
5. Minutes of meetings.
6. Council may regulate its own proceedings.
7. Council to act notwithstanding vacancy.
THE PROFESSIONAL SURVEYORS (REGISTRATION) (PROCEEDINGS OF THE COUNCIL) REGULATIONS
(Section 27(c))
G.N. No. 22 of 1978
1. Citation
These Regulations may be cited as the Professional Surveyors (Registration) (Proceedings of the Council) Regulations.
2. Members to elect a Vice-Chairman
(1) The Members shall elect Vice-Chairman of the Council from amongst their members.
(2) The Vice-Chairman shall hold office for a period of one year from the date of his election and shall be eligible for re-election.
3. Meetings of the Council
(1) Subject to the provisions of paragraph (2) of this regulation, the Council shall meet at least once in every three months for the transactions of its business and all meetings of the Council shall be convened by the Chairman or in his absence from the United Republic or incapacity through illness, the Vice-Chairman, who shall appoint a suitable time, place and date for the holding of each meeting.
(2) The Chairman, or in his absence from the United Republic or incapacity through illness, the Vice-Chairman, shall convene a special meeting of the Council on a request in writing signed by not less than four members of the Council for such a meeting and shall cause the meeting to be held within twenty-one days of the receipt by him of such request.
(3) The Chairman, or in his absence, the Vice-Chairman, shall preside at the meetings of the Council.
(4) If any member is, without permission of the Council, absent for more than three consecutive meetings of the Council he shall, unless the Minister otherwise directs, cease to be a member of the Council.
4. Procedure and regulations of meetings
(1) A majority of the members of the Council shall constitute a quorum at any meeting of the Council.
(2) All acts, matters and things authorised to be done by the Council shall be decided by resolution at a meeting of the Council at which a quorum is present.
(3) A decision of the majority of members present and voting at the meeting of the Council shall be deemed to be a decision of the Council.
(4) Every member of the Council shall have one vote and in the event of any equality of votes the Chairman of the meeting shall have a second or casting vote in addition to his deliberative vote.
(5) Notwithstanding the provisions of paragraph (2) where the Chairman so directs a decision may be made by the Council without a meeting, by circulation of the relevant papers among all the members and the expression in writing of their views, but any member shall be entitled to require that any such decision shall be deferred until the subject matter is considered at a meeting of the Council.
5. Minutes of meetings
(1) Minutes in proper form, each of meeting of the Council, shall be confirmed by the Council at the next meeting and signed by the Chairman of the meeting.
(2) It shall be the duty of the Secretary to record and keep all minutes of any proceedings taken at the meeting of the Council.
6. Council may regulate its own proceedings
Subject to the provision of these Regulations and to any regulations which may be made under section 27 of the Act, the Council shall have power to regulate its own procedure.
7. Council to act notwithstanding vacancy
(1) Subject to the provisions of regulation 4 relating to quorum, the Council may act notwithstanding any vacancy in the membership thereof.
(2) No act or proceedings of the Council shall be invalid by reason only of the fact that there is some defect in the appointment of a person purporting to be a member thereof. {/mprestriction}