CHAPTER 270
PROFESSIONAL SURVEYORS (REGISTRATION) ACT

[SUBSIDIARY LEGISLATION]

INDEX TO SUBSIDIARY LEGISLATION

   BY-LAWS

      The Professional Surveyors (Registration) (Disciplinary) By-Laws

      The Professional Surveyors (Prescribed Diplomas) By-Laws

   REGULATIONS

      The Professional Surveyors (Registration) (Application for Registration and Licensing) Regulations

      The Professional Surveyors (Registration) (Educational and Technical Committee) Regulations

      The Professional Surveyors (Registration) (Duties of the Secretary) Regulations

      The Professional Surveyors (Registration) (Proceedings of the Council) Regulations

BY-LAWS

THE PROFESSIONAL SURVEYORS (REGISTRATION) (DISCIPLINARY) 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,
The National Council of
Professional Surveyors,
P.O. Box ................................................
...............................................................

   In the matter of (name) .................................................................................................
Professional Surveyor

               and

   In the matter of the Professional Surveyors (Registration) Act.

   I, the undersigned (name .............................................................................................
hereby make an application that .......................................................................................
(name) a Professional Surveyor be required to answer the charges contained in the affidavit attached to this application and that his name be removed from the Register of Professional Surveyors.

   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

   In the matter of ................................................................................................... (name) Professional Surveyor

               and

   In the matter of the Professional Surveyor (Registration) Act.

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.