Singapore legislation

Section 30

of Land Surveyors Act

Section 30

Cancellation of registration or suspension from practice

Amended by35/9835/98

(1)

Subject to this section, the Board may by order cancel the registration of any registered surveyor or suspend him from practice for a period not exceeding 12 months under any of the following circumstances:

(a)

if he is convicted of any offence involving fraud, dishonesty or moral turpitude;

(b)

if his registration under section 12 or practising certificate was obtained by fraud or misrepresentation;

(c)

if his qualification for registration under section 12 has been withdrawn or cancelled by the authority through which it was acquired or by which it was awarded;

(d)

if he has been guilty of such improper conduct as renders him, in the opinion of the Board, unfit to be a registered surveyor;

(e)

if it appears to the Board that he has contravened section 40(1) or any provision of the prescribed code of professional conduct and ethics;

(f)

if it appears to the Board that he is no longer in a position to carry out the duties of a registered surveyor effectively;

(g)

if it appears to the Board that the registered surveyor, while being a director, manager, or an employee of a corporation, or a partner, manager or an employee of a partnership, had failed to take reasonable steps to prevent the corporation or partnership from acting in a manner (other than as described in section 32(1)(e)) which would warrant the Board revoking any licence granted to the corporation or partnership or imposing a penalty under section 32;

(h)

if he has been adjudicated a bankrupt;

(i)

if he has been convicted of any offence under this Act;

(j)

if he refuses or fails to comply with any order of the Board made under subsection (2)(a) or (c); or

(k)

if he refuses or fails to pay the cost of any correction to his cadastral survey within 14 days of the receipt of a statement issued to him under section 41(4).

Amended by35/98

(2)

The Board may, in any case in which it considers that no cause of sufficient gravity for cancellation of registration or suspension from practice exists —

(a)

by order impose on the registered surveyor a penalty not exceeding $10,000;

(b)

by writing under the hand of the President censure the registered surveyor; or

(c)

order the registered surveyor to pay the cost of any correction to his cadastral survey incurred by the Chief Surveyor.

Amended by35/98

(3)

The Board shall not exercise its powers under subsection (1) or (2) unless —

(a)

an opportunity of being heard either personally or by counsel has been given to the registered surveyor against whom the Board intends to exercise its powers; and

(b)

there has been a hearing at which at least 3 members of the Board are present.

(4)

Every penalty imposed by the Board under subsection (2)(a) shall be recoverable as a debt due to the Board.

(5)

While any order of suspension from practice made under this section remains in force, the person concerned shall not for the purposes of this Act be regarded as having in force a practising certificate but immediately on the expiry or annulment of such order, his privileges as a registered surveyor shall be revived as from the date of expiry or annulment.

(6)

An order of cancellation of registration or suspension from practice shall not take effect until the expiration of a period of 30 days after the Board has informed the person concerned, but if within that period the person concerned gives due notice of appeal to the High Court, the order shall not take effect unless the order is confirmed by the Court or the appeal is for any reason dismissed by the Court.

(7)

For the purposes of subsection (1)(g), a registered surveyor shall not be deemed to have taken reasonable steps to prevent the doing of any act by a corporation or partnership unless he satisfies the Board that —

(a)

the act was done without his knowledge;

(b)

he was not in a position to influence the conduct of the corporation or partnership in relation to its action; or

(c)

he, being in such a position, exercised all due diligence to prevent the corporation or partnership from so acting.

(8)

In this section, references to acts done include references to omissions to act and to a series of acts or omissions to act. [25