Mauritius
Professional Land Surveyors’ Council Act
Act 4 of 2014
- Commenced on 3 January 2018
- [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 Land Surveyors' Council Act.2. Interpretation
In this Act—"Chairperson" means the Chairperson of the Council;"Chief Surveyor" means the Chief Surveyor of the Ministry;"Code of Practice" means such Code of Practice as may be prescribed under section 48 (3);"committee" means a committee set up under section 10;"Continuous Professional Development programmes" means programmes, courses, lectures, seminars or conferences in relation to the profession of land surveyors;"Council" means the Professional Land 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 land surveyor appointed by the Public Service Commission;"financial year" has the same meaning as in the Finance and Audit Act;"Government surveyor" means a professional land surveyor of the Ministry;"investigation" means a preliminary investigation under section 26 (1);"land surveying"—(a)means to survey a plot of land;(b)includes the drawing up of a memorandum of survey, survey report or plan in relation to a plot of land,as per the Cadastral Survey Act;"land surveyor" means a person who is issued with a commission by the President under section 19 (6);"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 Vice-chairperson;"memorandum of survey" has the same meaning as in the Cadastral Survey Act;"Minister" means the Minister to whom responsibility for the subject of lands is assigned;"officer"—(a)means an officer appointed under section 14; and(b)includes the Registrar;"plot of land" has the same meaning as in the Cadastral Survey Act;"Professional Conduct Committee" means a Professional Conduct Committee set up under section 28;"professional land surveyor" means a person who is registered as such under section 21;"Register" means the register of professional land surveyors, kept under section 22;"Registrar" means the Registrar of the Council appointed under section 12;"supervising officer" means the supervising officer of the Ministry;"survey report" has the same meaning as in the Cadastral Survey Act;"trainee land surveyor" means a person enrolled as such under section 25;"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. Committees
11. Disclosure of interest
12. Registrar
13. Delegation
14. Appointment of officers
15. 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—16. 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.17. Powers of Minister
Part IV – Professional land surveyor
A – Practice of land surveying
18. Land surveying
B – Registration as professional land surveyor
19. Commission by President
20. Security
21. Registration as professional land surveyor
Where a land surveyor complies with section 18 (2) (a) (ii) and (iii), the Council shall register him as a professional land surveyor.[S. 21 not in operation.]C – Register of professional land surveyors
22. Register
D – Annual fee and annual list
23. Annual fee
24. Annual list
E – Trainee land surveyor
25. Enrolment of trainee land surveyor
Part V – 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 28, 31, 32 and 33 being instituted, the Council shall, where a professional land surveyor is convicted of an offence and is serving a sentence of imprisonment or penal servitude, make, through the Minister, a recommendation to the President to—32. Summary proceedings
Where the Council is satisfied, after having carried out an investigation against a professional land surveyor, other than a land 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.[S. 32 not in operation.]33. Effect of suspension or cancellation
The Council shall cause the Registrar—34. Restoration of name and other particulars to Register
Part VI – 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 not apply to the Council.[S. 37 not in operation.]38. Annual report
39. Audit
Part VII – Miscellaneous
40. Official land surveyor not to practise privately
41. Survey of State land
42. Professional land surveyors leaving Mauritius
Any professional land surveyor who intends to leave Mauritius shall, not later than 10 days before his departure, notify his intention to the Council and furnish it with proof that he has complied with section 13 of the Cadastral Survey Act.[S. 42 not in operation.]43. Seal of Council
The seal of the Council shall bear such device as the Council may approve.[S. 43 not in operation.]44. Legal proceedings
45. Confidentiality
46. Review of decision of Council
47. Offences
48. Regulations
49. Repeal
The Land Surveyors Act is repealed.[S. 49 not in operation.]50. Consequential amendments
51. Savings and transitional provisions
52. Commencement
History of this document
03 January 2018
Commenced
30 June 2017 this version
Consolidation