CHAPTER 269
ARCHITECTS AND QUANTITY SURVEYORS (REGISTRATION) ACT

[SUBSIDIARY LEGISLATION]

INDEX TO SUBSIDIARY LEGISLATION

   BY-LAWS

      The Architects, Quantity Surveyors, Architectural and Quantity Surveying (Consulting Firms) (Fees) By-laws

      The Architects and Quantity Surveyors By-laws

BY-LAWS

THE ARCHITECTS, QUANTITY SURVEYORS, ARCHITECTURAL AND QUANTITY SURVEYING (CONSULTING FIRMS) (FEES) BY-LAWS

(Section 38(k))

[1st July, 1997]

G.N. No. 408 of 1998

1.   Citation

   These By-laws may be cited as the Architects, Quantity Surveyors, Architectural and Quantity Surveying (Consulting Firms) (Fees) By-laws.

2.   Schedule of fees

   The fees prescribed in the third Column of the Schedule to this Order shall be payable on application for registration, registration and annual subscription in respect of categories of Architects, Quantity Surveyors and Consulting Firms set out in the first and second column of that Schedule.

SCHEDULE
FEES

FIRST COLUMN

SECOND COLUMN

THIRD COLUMN

LEVEL OF FEES INT.SHS./US$

Category

Classification Local/ Foreign

Application Form

Registration Fee

Annual Subscr. Fee

Architec

Local

5,000

20,000/-

15,000/-

Foreign

5,000

400 US$

300 US$

Quantity Surveyor

Local

5,000

20,000/-

15,000/-

Foreign

5,000

400 US$

300 US$

Consulting Firm (Architectural/Quantity Surveying)

Local

5,000

300,000/-

200,000/-

Foreign

5,000

10,000 US$

5,000 US$

THE ARCHITECTS AND QUANTITY SURVEYORS BY-LAWS

(Bylaw 38)

[5th May, 2000]

G.N. No. 168 of 2000

PART I
PRELIMINARY PROVISIONS (bylaws 1-2)

1.   Citation

   These By-laws may be cited as the Architects and Quantity Surveyors By-laws.

2.   Interpretation

   In these By-laws, unless the context otherwise requires–

   "Act" means the Architects and Quantity Surveyors (Registration) Act *;

   "architect" means a person who is professionally and academically qualified and skilled in advocating the fair and sustainable development, welfare and cultural expression of the societal habitat in terms of space, form and historical context and is so registered or certified by the Board under this Act and is licensed to practise the profession in Tanzania;

   "architectural assistant" means a person/pupil who has graduated from an architectural academic institution and is by obligation operating under the supervision of an architect approved by the Board to be a supervisor;

   "architectural technician" means a person who has graduated from an architectural technicians training institution and is by obligation operating under the jurisdiction of an architect;

   "Board" means the Architects and Quantity Surveyors Registration Board, established under the Act;

   "building" means any 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;

   "consultants" means and includes persons appointed to give specialised professional advise to the architect and may be appointed by either the client or the architect subject to acceptance by each party;

   "firm" means a person or group of persons practising as architects or quantity surveyors and it includes incorporated company, partnership, sole proprietorship and any other modes of practice;

   "foreign" in relation to firms and defined herein above, or company means a firm or company whose ownership or majority shares, lead partner in case of partnerships, stake or voice is in the mandate of non-citizens;

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

   "Minister" means the Minister responsible for buildings and civil works;

   "quantity surveying assistant" means a person or pupil who has graduated from a quantity surveying academic institution and is by obligation operating under the supervision of a quantity surveyor approved by the Board to be a supervisor;

   "quantity surveyor" means any person who is professionally and academically qualified, registered and certified to be licensed to practise quantity surveying in Tanzania and is responsible to ensure that the financial resources of the construction industry are utilised to the best advantage of the society by providing, inter alia, the financial management for projects and a cost advice service to the client and the design team during the entire construction process;

   "Register" means the Register of Architects, Quantity Surveyors; Architectural or Quantity Surveying Firms, Sub-Registers for Architectural Assistants, Quantity Surveying Assistant, Architectural Technicians or any other as approved by the Board;

   "registered" means attaining the ultimate qualification of the relevant profession, and it includes being entered in the relevant register under the Architects and Quantity Surveyors (Registration) Act *;

   "registered firm" means a practice certified by this Board to be licensed and its name is entered in the register as an architectural or quantity surveying firm;

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

PART II
GENERAL PROVISIONS (bylaws 3-15)

3.   Communications

   All Communications to the Board shall be addressed to the Registrar at the postal address of the Board.

4.   Notice of meetings

   Except in case of emergency, seven clear days' notice of meeting shall be given.

5.   Minutes

   Minutes of all resolution and proceedings of the Board and sub-committees shall be recorded in proper books to be provided for the purpose.

6.   Zone offices

   The Board shall have power to establish anywhere in the United Republic of Tanzania zone offices or centres to be known as authorised agents for carrying its activities.

7.   Board may carry out duties all year

   The Board, its duly authorised agent or delegate, may carry out its official duties any time of the 24 hour day and any day of the year including weekends and public holidays.

8.   Application forms

   The Board shall cause to be printed forms for various needs of application and such forms shall be obtainable from the Registrar upon payment of a fee as prescribed by the Board.

9.   Application on prescribed form

   Unless and until the Board otherwise prescribes, every application for registration shall be made through filling the appropriate form as provided under by-law 8.

10.   Completion of various forms

   Every application for registration shall be made in the English language and under the hand of the applicant and shall state the qualifications upon which the application is based and shall contain such other information in connection therewith as required in the application forms.

11.   Address to which applications must be sent

   Every application shall be delivered or sent by registered mail to the Registrar at the address of the Board or personally deposited and acknowledged by the applicant in the Board's office.

12.   Consideration of applications

   Every application so far as is practicable shall first be submitted to the appropriate sub-committee for evaluation and recommendation after which it shall be represented to the next scheduled Board meeting after the receipt thereof.

13.   Generation of income

   (1) The Board shall have the power to generate income through various means including penalties levied against defaulters, collections from the members of the public benefiting from the professional services it regulates, sales of publications etc.

   (2) Subject to sub-by-laws (1) the generation of income will be done among others in the form of sale of different standard forms required at different stages to ensure smooth operation and administration of contracts in undertaking building project.

14.   Fines, penalties, etc., and recovery thereof

   Any fines imposed under the By-laws or other moneys which may be or may become due to the Board shall be a debt due to the Board, which may recover such moneys by legal process if need be.

15.   Expenses of members of the Board

   Should occasion arise in the execution of its duties the Board may pay out of its funds the first class railway fare, economy class for air transport or reasonable transport expenses and subsistence allowances to any member of the Board who may be required to travel to any place within Tanzania or abroad in connection with the Board's affairs.

PART III
FUNCTIONAL COMMITTEES, SUB-COMMITTEES, AND THEIR ROLES (bylaws 16-26)

16.   Committees, sub-committees and activity centres

   (1) There shall be Board Committees consisting of only Board members and sub-committees appointed by the Board in corporating co-opted members from outside the Board.

   (2) The sub-committees may co-opt nominees of the Architectural Association of Tanzania (AAT), Tanzania Institute of Quantity Surveyors (TIQS), Architectural and Quantity Surveying Higher Training Institutions in the country or any other person or persons as the Board may approve.

17.   Tenure of sub-committee and frequency of meetings

   (1) The members of the sub-committees shall hold office for a maximum of three years, which can be renewed by the Board.

   (2) The meetings for each sub-committee shall be determined by the need, but in any year there shall be at least two meetings for each sub-committee.

18.   Membership and role

   (1) All members of the sub-committees shall be citizens of the United Republic of Tanzania.

   (2) The sub-committees shall assist the Board in the performance of its statutory functions and duties as required in the Act and the corresponding by-laws.

   (3) The sub-committees shall look into any matter failing in their jurisdiction and nature and to inquire into and advise upon or make recommendations to the Board in any matter which make the Board expedite its functions for better performance.

19.   Names of committees and sub-committees

   The following committees, and sub-committees shall be established with a view of enhancing the operations of the Board:

   (a)   Education and Training Sub-Committee;

   (b)   Professional Practice Sub-Committee;

   (c)   Finance and Administration Committee;

   (d)   Public Advisory and Public Relations Sub-Committee;

   (e)   General Purpose Sub-Committee.

20.   Functions and composition of the Education and Training Sub-Committee

   (1) The functions of the Education and Training Sub-Committee shall include looking after all issues related with educational advancement of the professionals and all others playing active roles in the two professions.

   (2) The Education and Training Sub-Committee shall have at least five members as shown under sub-by-law (3) and all members shall either be registered architects or quantity surveyors, with the exception of the representative referred to in sub-by-law (3)(b).

   (3) The Committee shall comprise of the following–

   (a)   Two Board members representing training institutions, one being an architect and the other a quantity surveyor;

   (b)   a representative from the Ministry of Higher Education;

   (c)   a representative from the Architectural Association Tanzania;

   (d)   A representative from the Tanzania Institute of Quantity Surveyors;

   (e)   At least one secretariat staff member.

21.   Functions and composition of the Professional Practice Sub-Committee

   (1) The functions of the Professional Practice Sub-Committee shall be to ensure discipline and ethics and looking after matters related to practice in general.

   (2) The sub-committee shall be responsible for making inquiries where there appears to be unacceptable professional conduct or serious professional incompetence on the part of any architect, quantity surveyor, in person or through Architectural or Quantity Surveying Firms.

   (3) The sub-committee shall comprise of at least five members from the following:

   (a)   Two members from the Board one being an architect and the other a quantity surveyor;

   (b)   One architect well versed with architectural practice in Tanzania;

   (c)   One quantity surveyor well versed with quantity surveying practice in Tanzania;

   (d)   One member from the Attorney General's Chambers;

   (e)   At least one secretariat staff member.

22.   Functions and composition of the Finance and Administration Committee

   (1) Finance and Administration Committee shall be responsible for preparation of Board budgets and guide on all financial issues, including how to raise finances.

   (2) The committee shall comprise of at least five members appointed by the Board as follows–

   (a)   at least two Board members, one of whom should be the Board Chairman;

   (b)   at least two secretariat staff member;

   (c)   chairpersons of all the Board's functional committees.

23.   Functions and composition of the Public Advisory and Public Relations Sub-Committee

   (1) The Public Advisory and Public Relations Sub-Committee shall have the following functions–

   (a)   to be the link between the professions, other public organs and the community in general;

   (b)   to further the publicity of the professions in the country through a co-ordinated effort to heighten public awareness.

   (2) The committee shall comprise of the following–

   (a)   two Board members;

   (b)   one Member who must be an architect;

   (c)   one Member who must be a quantity surveyor;

   (e)   members of the Secretariat.

24.   Functions and composition of the General Purpose Sub-Committee

   (1) The General Purpose Sub-Committee shall be the link between various related public organs that influence establishment of practices and the services offered by them.

   (2) The various public organ's representatives playing a key role in the establishment or consuming the services of these practices shall be represented as follows–

   (a)   one Board member;

   (b)   two members from the Ministry of Local Government and Regional Administration, one being an architect and the other one an urban planner;

   (c)   one member from the Ministry of Home Affairs (Senior Immigration Officer);

   (d)   one member from the Ministry of Trade and Industries (Registrar of Companies or his representative);

   (e)   one member from the Ministry of Labour and Youth (Head of employment section);

   (f)   any other co-opted member depending on the specific task at any particular time;

   (g)   contractors Board representative;

   (h)   members of the secretariat.

25.   Link with other public organs

   In order to sustain the required inter-link between the Board, the Local Authorities and other related statutory public organs that affect the regulation of the two professions, the General Purpose Sub-Committee shall hold its meetings at municipalities or regions and organised by the Board. The venue for the meetings shall be rotated from one centre to another after at least every two sessions conducted in one place.

26.   Furnishing of minutes

   The Permanent Secretaries in the responsible ministries as well as all Municipal and Regional Administrative Secretaries shall be furnished with the minutes of the meetings of the General Purpose Committee.

PART IV
REGISTERS (bylaws 27-66)

27.   Obligation of registration

   (1) All building clients, local or foreign, government or private, International organisations, NGOs, promoters, developers, owners or sponsors, as the case may be, shall, where a project involves any services normally provided by architects or quantity surveyors as defined by the Principal Act, ensure the project Architect, Quantity Surveyor and their professional firms through which they discharge their duties are registered by the Board prior to the commencement of the project.

   (2) Individuals in Government departments or public Institutions or Diplomatic missions charged with the duty of co-ordinating building development projects shall ensure that those carrying out the duties normally discharged by architects or quantity surveyors are registered by this Board prior to commencement of the project.

   (3) Contravention of this by-law shall attract a prescribed penalty to be paid to the Board by the defaulting organ, or authority.

28.   Registration categories

   (1) The Board shall register persons and firms in the following categories–

   (a)   architects and quantity surveyors;

   (b)   architectural and quantity surveying firms;

   (c)   temporary registration of (a) and (b) above;

   (d)   architectural and quantity surveying assistants;

   (e)   architectural technicians;

   (f)   architectural draughtsmen;

   (g)   others as may be passed by the Board and approved by the Minister.

   (2) All specialities or branches in architecture or quantity surveying that are not yet properly established or defined under the Act shall be regulated under paragraph (1) and (d) above. This includes services such as building project managers landscape design or architecture, furniture design, interior design, acoustic design, lighting design, sculpture art, etc, if the persons offering such services have the right qualifications in terms of training, they will discharge their duties along the same principles as assistant architects or assistant quantity surveyors as the Board shall advise.

29.   Entries of names on the registers

   (1) The name of every person accepted by the Board for registration as an architect or quantity surveyor or architectural assistant or quantity surveying assistant or architectural technician or architectural draughtsman, as the case may be, shall be entered in the respective registers as soon as practicable.

   (2) The name of every architectural or quantity surveying firm which has been accepted by the Board for registration as a professional firm shall be entered in the respective register as soon as practicable and in any case before the next scheduled seating of the Board.

   (3) The name of every registered architect or quantity surveyor or firm shall be put in the Government Gazette as soon as practicable after their acceptance to be entered in the register.

   (4) The address of such registered persons or firms and such further particulars as the Board may deem necessary shall be entered in and recorded in the applicable register.

30.   Notification of change of details

   Every person/firm whose name is entered in the register shall keep the Registrar informed of any change including that of contact address, letterheads, ownership structure in case of firm, etc., and the Registrar shall amend the register accordingly.

31.   Publication of registers

   (1) The Board shall publish all entries found in the Registers of Architects and Quantity Surveyors and their professional firms and suspensions or deletions from the Registers in the Government Gazette.

Application of statutory permits in building process

   (2) Only the names of architects or architectural firms approved by the Board, and directed to be issued for publication in the Government Gazette by the Registrar may be accepted in the matters related to statutory applications or approvals of permits for any state in building process.

32.   Fees for certified copies of registers

   (1) The Registrar shall issue to any applicant, a certified copy of information about a person or firm from the register upon application and on payment of a prescribed fee.

   (2) The Registrar shall upon the instructions of the Board, compile a certified list of registered persons and firms, copies of which may be supplied to anyone upon making written application or filling of approved form, and payment of a prescribed fee.

REGISTRATION PROCEDURES FOR INDIVIDUALS (bylaws 33-39)

33.   Registration eligibility

   A person shall be eligible for registration under section 10(a) and (b) of the Act if he is in the Board's opinion a professionally fit and proper person by general conduct as required by the Act, to be so registered and satisfy the following requirements–

   (a)   he has obtained a qualification in Architecture or Quantity Surveying from a training institution currently recognised by the Board in accordance to section 10(a)(ii) and has passed any examination held in pursuance of section 10(a)(iii) of the Act; or

   (b)   he holds at the time of his application a valid certificate of registration issued by Architects or Quantity Surveyors Registration Boards of countries recognised by the Board and has passed the Board's interview as required under section 10(a)(iii) of the Act; or

   (c)   if his name has previously been removed from the register under section 14 of the Act and reinstated under section 15 of the Act:

   Provided that the equivalent academic qualification for any category of registration must be approved by the Board before an applicant is allowed to start the process of registration.

34.   Application for registration before entering the country

   (1) All foreign architects or quantity surveyors shall as soon as practicable, apply for registration with the Board and for those who are residing outside Tanzania must apply for registration before entering the country or soon thereafter before taking up the actual execution of the assignment that brought him in the country.

   (2) Any foreign person applying for the work permit to offer services as an architect or quantity surveyor in the country irrespective of the nature of the engagement, shall first seek for the sanction of the Board in his eligibility to be registered by the Board prior to applying for, or being issued with the work permit.

   (3) Any person who fails to follow the above requirements shall commit an offence whose penalty shall not be less than US$ 5000 payable to the Board, and the Board may take further legal action against both the offender and the officer or authority responsible for issuing the work permit.

35.   Board's power to call for further information

   (1) An applicant for registration shall furnish the Board with further information or corroborative evidence of the particulars given in his application which may be called for the purpose of considering such application and the Board may call upon such applicant to appear before the Board if so required at his own expense.

   (2) Nothing shall deprive the Board of any of its powers of acting upon further evidence which may be produced at a later date which may prove the incorrectness of any statement made in such application.

36.   Withholding of information by an applicant

   Should an applicant refuse to furnish any further information that the Board may call for or fail to appear personally before the Board after receiving due notice, the Board may further refuse to consider such application.

37.   Board may accept or reject an application

   (1) The Board having considered an application for registration and any report of a sub-committee upon such application may accept or reject such an application, subject to the applicant's right to appeal against such decision in accordance with the provisions of section 19 of the Act.

   (2) Notwithstanding sub-by-law (1) the decision of the Board shall be communicated to the applicant by letter addressed to him through the post at the address appearing on his application form.

38.   Issue of registration certificates

   Upon the completion of the entry of a name in the register a certificate of registration, which shall bear a serial number corresponding to the number of entry in the register applicable, shall be duly completed and the common seal impressed thereon. The entry in the register shall be similarly attested, and the certificate (which shall remain the property of the Board) shall thereupon be delivered to the registered person.

39.   Certificate and subscription fee

   (1) Upon collection of the registration certificate the registered person shall pay a prescribed fee.

   (2) At the beginning of each year and in any case not later than 30th March, every person or firm entered into the Boards register shall submit to the Board an updated information about himself or itself using the Board's information updated forms.

   (3) Failure to abide by the procedure laid in sub-by-law (2), will be an offence on which a penalty shall be payable to the Board by the individuals or firms in default.

   (4) Where it is established that misleading information has been issued to the Board, the Board shall determine other measures to take in addition to the penalty set out under sub-by-law (3).

REGISTRATION PROCEDURES FOR FIRMS (bylaws 40-43)

40.   Eligibility

   A firm shall be eligible for registration under section 10(b) of the Act if in the Board's opinion it is a proper firm to be so registered and satisfies the conditions as set by the Act.

41.   General information for registration

   A firm shall be eligible for temporary registration under section 12 of the Act if it is in the opinion of the Board a fit and proper firm to be so registered and that the validity of the registration to be a maximum of duration of the project, and should only be renewable upon the Boards satisfaction that the assignment is still valid. The Board will issue a temporary registration only for duration of the project that caused the applicant to come into the country in accordance with sections 10(a) and (b) of the Act.

42.   Actors in the firm

   (1) It shall be duty of the firm to ensure that all the partners or principals, shareholders or directors of the firm are those registered with the Board.

   (2) All professional liability shall rest with natural persons of the respective professions regardless of the type of the firm through which the project has been registered.

43.   Professional capacity building and registration

   (1) Every firm operating in Tanzania shall provide an undertaking in a form to be provided by the Board as to the nature, period and qualifications of professionals working for or under it and it should show how it contributes to the local capacity building. Failure to provide such an undertaking, or if the firm provides any false or misleading information shall make that firm guilty of an offence and shall be liable to a penalty payable to the Board.

   (2) Every application for the registration of an architectural or a quantity surveying firm shall be lodged only by architects or quantity surveyors as the case may be. Applicants shall upon paying for and filling the relevant firm registration application forms, submit the same to the offices of the Board where they shall be scrutinised and processed.

   (3) There shall be some affirmative restriction on registration of non-citizens and foreign consulting firms, that requires to have indication that no foreign firm shall be registered without evidence of employing local architects or quantity surveyors as the case may be.

   (4) Any firm shall be considered for temporary registration if it has in its employment only those expatriates whose qualifications and skills have been confirmed by the Board to be unavailable in the country.

   (5) All temporarily registered firms shall enter into a joint venture agreement with a local firm for carrying out the specific assignment and shall show proof of such agreement to the Board.

REGISTRATION FEES (bylaws 44-59)

44.   Amount and manner of payment

   Upon the person or firm being accepted for registration, a registration fee and annual subscription fee shall become due and payable to the Board by the person seeking registration. The amount to be paid by various persons or firms shall be as prescribed by the board.

45.   Payment of fees

   The fee registration shall be payable in the following manner:

   (a)   at the time of application the whole amount required for registration process shall be paid prior to being entered into the register;

   (b)   the annual subscription fee shall be paid separately for every trading year and payments may be accepted in advance to the trading year.

46.   Return of fee to unsuccessful applicant

   The sum paid by an unsuccessful applicant under by-law 45(a) shall be returned to the applicant at the time of notifying him of the Board's decision but in the event of an order of court reversing such decision all the sums payable under that by-law shall become due and owing from the applicant as therein provided.

47.   Fees not returnable

   In the event of a registered person being removed from the Register for any reason the registration fee and any renewal fee already paid shall not be returnable to or recoverable by him.

48.   Default in payment of renewal fee

   (1) In the event of a registered person failing to pay his annual subscription fee in accordance with by-law 45(b) upon the due date he shall be notified by the Registrar of such default by registered letter addressed to his last address.

   (2) Should the default referred to in sub-by-law (1) of this by-law continue after the expiration of thirty days from the date of posting notification, such default shall be deemed to be professional misconduct within the meaning of section 14 of the Act.

49.   Variation of previous payments

   The Board may, at its discretion, modify the payment of the annual renewal fee in respect of registered persons who have paid any lump sum fee under previous by-laws.

50.   Fees due upon removal of name at own request

   (1) The renewal fee is usually due annually on the first day of January as long as a person's name is recorded in the register.

   (2) In the event of the name of a person being removed from the register at his own request no renewal fee will be required for the subsequent year and thereafter.

51.   Outstanding payments if name struck off by court

   In the event of the name of a registered person being struck off the register any annual subscription fee due at the date of removal from the register shall be forthwith.

52.   Payment during suspension

   In the event of a person being suspended such person shall, notwithstanding the suspension continue to pay the annual renewal fee as provided in by-law 45(b).

53.   Fee payable upon re-registration

   Where the name of a person whose name has been removed from the register is to be restored, such restoration shall not be effected until there has been paid to the Board in respect thereof–

   (a)   any portion of the original annual renewal fee payable under by-law 45(b) which has remained unpaid;

   (b)   current registration fee.

54.   Fees not returnable

   In the event of the name of a person or firm being removed from a register for any reason herein after prescribed the registration fee and annual subscription fee or any part thereof already paid shall not be returned to such person or firm.

55.   Default in payment of annual subscription fee

   (1) If by the end of April of each year any person or firm has failed to pay the entire amount of the annual subscription fees for the current year, a penalty of 5% of the outstanding amount shall be imposed to the debt for every calendar month or part thereof it remains unpaid.

   (2) If by 1st January a person or firm has failed to pay the entire amount of the annual subscription fee of the preceding year the defaulter's registration shall be suspended, and such suspension shall remain in force until reinstated by the Board.

   (3) If by 1st of January a person or firm has failed to pay the entire amount of the annual subscription fee for two consecutive preceding years then the defaulter shall be struck off from the register.

56.   Outstanding balance remitted in case of death

   In the event of the death of a person and a balance of the total registration fee remaining unpaid such balance shall be cancelled by the Board and the estate of such deceased person shall not be liable for the payment of such outstanding balance.

57.   Outstanding balance upon removal of name at own request

   In the event of the name of a person or firm being removed from a register at own request any part of the annual subscription fee remaining unpaid shall immediately become due and shall be paid forthwith:

   Provided that, subject to the return of the registration certificate, the Board may remit the whole or part of such payment, if it deems fit.

58.   Outstanding balance if name struck off by court

   In the event of the name of a person or firm being struck off a register by order of the court or the Board any part of the annual subscription fee remaining unpaid shall immediately become due and shall be paid forthwith.

59.   Payment during suspension

   In the event of person or firm being suspended by order of the court or by the Board such person or firm shall continue to pay his or its annual subscription fee.

PROCEDURES FOR STRIKING OFF A NAME AND RE-INSTATING IN THE REGISTERS (bylaws 60-66)

60.   Removal of a name from a register

   (1) The name of a registered person or a firm shall be removed from the register upon the instructions of the Board in the event of the death of the registered person or upon the written application by the registered person, or principal or owner of a firm or by a resolution of directors in case of a limited liability company, or partnership mandate in case of a partnership in accordance with section 14 of the Act.

   (2) Where removal from register is being considered in accordance with section 14(1)(a), of the Act the Board will send by registered mail to the registered person using the address appearing in the register, and if within a period of three months it is not answered the Board will send a reminder. If this reminder is not answered within two months a second and final reminder will be sent. Thereafter the striking off of a name will be effected if no response has been received after the expiry of thirty days from the date of the final reminder.

61.   Endorsement on removal of a name from the register

   In the event of the suspension of a registered person, professional firm or the removal of the name of a person or firm from the register for any cause, the register shall be suitably endorsed by the Board and the Registrar shall publish in the Government Gazette a notice of such suspension or removal.

62.   Certificates to be returned to the Board

   Upon the suspension of a registered person or registered consulting firm or the removal of the name of registered person or registered consulting firm from the register such person or consulting firm shall forthwith deliver up his registration certificate to the Board.

63.   Power to sue for return of certificate

   Should a certificate not be returned upon demand by registered letter to the last known address of the person to whom the certificate relates the Board shall have power to take legal action for the recovery thereof and the offender shall meet all the costs.

64.   Method of dealing with returned certificates

   Upon the return of a certificate of registration the Board shall–

   (a)   in the case of suspension, hold the certificate until the person to whom it relates has been reinstated;

   (b)   in the case of a person whose name is removed from the register for reasons other than death, cancel the certificate;

   (c)   in the case of a deceased person, endorse the certificate with a note of the death and thereafter may return the certificate to the representative of the deceased person if so requested.

65.   Applications for re-registration

   In the event of a person or firm whose name has been removed from a register desiring to be entered again into the register, he shall apply by filling in the re-entry application forms and such application shall be considered in accordance with all the provisions of the By-laws 33 to 43.

66.   Loss or destruction of a certificate

   In the event of a registered certificate being lost or destroyed and such loss or destruction being proved to the satisfaction of the Board, a duplicate of such registration certificate may be supplied to the registered person upon payment of the current certificate fee.

PART V
EXAMINATION PROCEDURES (bylaws 67-75)

67.   Professional registration examinations

   (1) The Board shall conduct professional registration examinations in architecture and quantity surveying.

   (2) The candidates who will meet the entry requirements as stipulated under By-law 70 will be allowed to sit for the examination.

   (3) Application forms for professional examinations shall be obtainable from the Registrar upon payment of a prescribed application fee to the Board.

   (4) There shall be examination fee as prescribed by the Board.

68.   Application conditions

   (1) Duly completed application forms must be submitted to the Board not later than 120 days before the date for examination.

   (2) Applications received after this date but not later than 90 days before the examination date shall be accepted subject to payment of a penalty of 25% of the examination fee.

   (3) Applications received within 90 days before the date of commencement of an examination session shall not be considered for examination in that session.

69.   Examination application form

   The examination application form shall be enclosed with–

   (a)   two recent passport size photographs of the applicant duly signed by the applicant at the back;

   (b)   certified photocopies of all certificates relevant to the applied examinations;

   (c)   evidence of two years' practical professional experience including a letter from the candidate's training supervisor and a firm where the candidate had been working.

70.   Qualifications to write examination

   Prior to being allowed to attempt the examination the candidate must have the following qualifications:

   (a)   Possess the minimum qualifications prescribed for a particular level of examination;

   (b)   Pay the appropriate examination fees prescribed by the Board.

71.   Qualifications to practise

   (1) The Candidate for Architecture must hold a degree or equivalent qualifications in Architecture obtained after minimum of five years of training in a recognised training institution and must have a minimum of two years post graduate supervised training in an architectural firm.

   (2) A candidate for quantity surveying–

   (a)   for intermediate level must hold a diploma in quantity surveying obtained from an academic training institution recognised by the board.

   (b)   for Final Level, must have a minimum of two years post graduate supervised training in a quantity surveying firm, and–

      (i)   must have passed the intermediate examination of the Board or;

      (ii)   must hold a degree or equivalent qualifications in quantity surveying obtained after a minimum of three years of training in a training institution recognised by the Board.

   (3) The practical training report required for Architects, and, experience acquired report for quantity surveyors, shall be submitted to the Board in duplicate not later than 90 days before the commencement of examination session.

   (4) Assessment of the logbooks and practical training reports shall be made after the submission and an oral interview will be held before the beginning of the written papers and passing the oral interview shall be a precondition for attempting the written papers.

72.   Examination fees

   (1) The examination fees shall be paid immediately after the candidate has been approved to attempt the examinations.

   (2) Candidates for the final level examinations shall pay twenty-five percent of the examination fees on being approved to attempt the examinations, whereas the remainder of the fee shall be paid after the candidates clear the practical training report for Architects and experience-acquired report for quantity surveyors.

73.   Postponement of examination

   (1) Postponement of examination shall be by writing a letter to the Board giving reasons therefor. If in the opinion of the Board a candidate postpones the examination without satisfactory reason he shall forfeit the paid up examination fees.

   (2) Candidates found to have satisfactory reasons for postponing the examination shall be required to pay for any difference of fees between the current and paid up amount.

   (3) Candidates shall not be allowed to withdraw from individual subjects; withdrawal shall be for the whole examination and candidates who withdraw from the examination shall forfeit their paid up examination fees.

74.   Failure and re-sitting

   (1) Any candidate who fails three or more subjects at the Intermediate Level examination in quantity surveying shall be required to re-sit the whole examination.

   (2) A candidate who fails two subjects at the Final Level shall be required to re-sit the whole examination.

   (3) A candidate who has failed in not more than two subjects at the Intermediate Level in quantity surveying will be required to re-sit the failed subject(s) and a candidate who has failed in one subject at the Final Level will be required to re-sit that subject.

   (4) Subject to sub-by-law (3), any candidate is required to clear the referred subject(s) within three years after the announcement of the results of the examination for which the candidate was referred, after the expiry of this period, the candidate shall be required to repeat the whole examination.

   (5) Notwithstanding the provisions of this By-law a candidate shall be allowed to re-sit failed subjects three times only and a candidate who does not clear the failed subjects in the three re-sits shall be required to re-sit the whole examination.

   (6) The results of the examination will be treated on a pass or fail basis with a pass mark of fifty percent and will be communicated to every candidate soon after the Board has approved them.

75.   Appeals to the Board

This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.