Mauritius
Professional Quantity Surveyors’ Council Act
Act 7 of 2013
- Commenced on 16 September 2013
- [This is the version of this document at 30 June 2017.]
Part I – Preliminary
1. Short title
This Act may be cited as the Professional Quantity Surveyors' Council Act.2. Interpretation
In this Act—"Association" means the Mauritius Association of Quantity Surveyors registered with the Registrar of Associations;"Chairperson" means the Chairperson of the Council;"Code of Practice" means such Code of Practice as may be prescribed under section 44 (3);"committee" means a committee set up under section 11;"competent authority" means an authority in a foreign country authorising a person to practise quantity surveying;"construction" includes extension, conservation, restoration, repairs or any other alteration;"Continuous Professional Development programmes" means programmes, courses, lectures, seminars or conferences in relation to new construction techniques, materials and methods of management, or changes in construction law, building regulations and building standards, or any other matter related to the profession of quantity surveyors;"Council" means the Professional Quantity Surveyors' Council established under section 3;"delegated power" means the power delegated, under section 89 (2) (b) (i) of the Constitution and subject to Part IVA of the Public Service Commission Regulations, to the Council by the Public Service Commission to enquire and report into any complaint of professional misconduct or negligence against a professional quantity surveyor appointed by the Public Service Commission;"financial year" has the same meaning as in the Finance and Audit Act;"firm of quantity surveyors" means a firm, body, group, company or partnership which provides quantity surveying services and is under the control of a professional quantity surveyor;"foreign firm of quantity surveyors" means a firm, body, group, company or partnership which provides quantity surveying services and is under the control of a foreign quantity surveyor;"foreign quantity surveyor"—(a)means a non-citizen who is—(i)authorised by the competent authority in his country to practise quantity surveying; or(ii)a professional member of a recognised institution of his country in the field of quantity surveying; but(b)does not include a non-citizen who is a resident of Mauritius and whose name is entered on the Register;"Government company" means a company registered under the Companies Act and in which the Government of Mauritius directly, or through another corporate body, owns or controls not less than 50 per cent of the entire share capital;"investigation" means a preliminary investigation under section 26 (1);"licensed auditor" has the same meaning as in the Financial Reporting Act;"member"—(a)means a member of the Council; and(b)includes the Chairperson and the Vice-chairperson;"Minister" means the Minister to whom responsibility for the subject of public infrastructure is assigned;"officer"—(a)means an officer appointed under section 15; and(b)includes the Registrar;"President" means the President of a Professional Conduct Committee;"Professional Conduct Committee" means a Professional Conduct Committee set up under section 28;"professional quantity surveyor" means a person registered as such under section 20;"quantity surveying" means the range of services in the construction industry consisting of, inter alia, financial viability analyses, estimates of construction costs, cost planning, cost control, cost management, value management, advice on procurement methods, preparation of bidding documents, bid evaluations, interim valuations, final account settlements, claims formulation and assessment, contractual advice, replacement costs for insurance purposes, mediation, arbitration and adjudication;"Register" means the register of professional quantity surveyors kept under section 21;"Registrar" means the Registrar of the Council appointed under section 13;"Registration Board" means the Registration Board set up under section 10;"supervising officer" means the supervising officer of the Ministry;"Vice-chairperson" means the Vice-chairperson of the Council.Part II – The Council
3. Establishment of Council
4. Objects of Council
The Council shall—5. Functions of Council
The Council shall—6. Powers of Council
The Council shall have such powers as may be necessary to discharge its functions most effectively and may, in particular—Part III – Management of Council
7. Composition of Council
8. Vacancy in membership of Council
9. Meetings of Council
10. Registration Board
11. Committees
12. Disclosure of interest
13. Registrar
14. Delegation
15. Appointment of officers
16. Conditions of service of officers
The Council may make provision to govern the conditions of service of its officers and, in particular, to deal with—17. Protection from liability
No liability, civil or criminal, shall be incurred by the Council, any member or officer, in respect of any act done or omitted by it or him in good faith in the discharge of its or his functions, or exercise of its or his powers, under this Act.18. Powers of Minister
Part IV – Professional quantity surveyor
19. Practice of quantity surveying
20. Registration of professional quantity surveyor
21. Register
22. Annual fee
23. Annual list
Part V – Firm of quantity surveyors and foreign firm of quantity surveyors
24. Firm of quantity surveyors
25. Foreign firm of quantity surveyors
Part VI – Discipline
26. Preliminary investigation
27. Disciplinary proceedings
28. Professional Conduct Committee
29. Proceedings of Professional Conduct Committee
30. Disciplinary measures
31. Other disciplinary measures
Without any of the proceedings provided for in sections 26, 27, 29 and 30 being instituted, the Council shall, where a professional quantity surveyor has been convicted of an offence and is serving a sentence of imprisonment or penal servitude—32. Summary proceedings
Where the Council is satisfied, after having carried out an investigation against a professional quantity surveyor, other than a professional quantity surveyor in respect of whom the Council holds a delegated power, that he has committed an act or omission which, in its opinion, is not considered to be of a serious nature, it may inflict upon him a warning or severe warning.33. Effect of suspension or deregistration
The Council shall cause the Registrar—34. Restoration of name and other particulars to Register
Part VII – Financial provisions and accounts
35. General Fund
The Council shall set up a General Fund—36. Execution of documents
37. Donations
Article 910 of the Code Civil Mauricien shall apply to the Council.38. Audit
Part VIII – Miscellaneous
39. Seal of Council
The seal of the Council shall bear such device as the Council may approve.40. Legal proceedings
41. Confidentiality
42. Review of decision of Council
43. Offences
44. Regulations
45. Savings and transitional provisions
46. Commencement
History of this document
30 June 2017 this version
Consolidation
16 September 2013
Commenced