Clause 1
Short title and commencement
This Act may be cited as the Land Surveyors Act 1991 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.
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Land Surveyors Bill
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About this bill
Land Surveyors Bill is Singapore Bill, cited as Bill 11 1991, currently marked in force and first recorded in 1991.
Part I
PRELIMINARY
Clause 2
Interpretation
In this Act, unless the context otherwise requires —“appointed day” means the date of commencement of this Act;“allied professional” means —
(a)
an architect who is registered under the Architects Act 1991; or
(b)
a professional engineer who is registered under the Professional Engineers Act 1991;“assurance plan” means any plan showing approximate boundaries or dimensions and areas for the purpose of identifying land which has not been surveyed to the satisfaction of the Chief Surveyor but is required to be surveyed under the provisions of any written law;“Board” means the Land Surveyors Board established under section 4;“certificate of registration” means the certificate of registration issued under section 14;“Chairman” means the Chairman of the Board;“Chief Surveyor” means the officer for the time being performing the duties of the head of the Survey Department;“Government surveyor” means a surveyor who is employed by the Government, whether or not registered under section 12;“Investigation Committee” means an Investigation Committee appointed under section 24(1);“licence” means a licence to engage in title survey work in Singapore granted under section 17;“licensed”, in relation to a corporation or partnership, means a corporation or partnership which has in force a licence;“manager”, in relation to a corporation or partnership, means the principal executive officer of the corporation or partnership for the time being by whatever name called and whether or not he is a director or partner thereof;“practising certificate” means an annual practising certificate issued under section 15 authorising the holder thereof to engage in title survey work in Singapore;“previous Board” means the Land Surveyors Board constituted by section 3 of the repealed Act;“register of licensees” means the annual register of licensed corporations and partnerships kept by the Board under section 9(1)(c);“register of practitioners” means the annual register of practitioners kept by the Board under section 9(1)(b);“register of surveyors” means the register of surveyors kept by the Board under section 9(1)(a);“registered surveyor” means a person registered as a land surveyor under section 12;“repealed Act” means the Land Surveyors Act [Cap. 156. 1985 Ed] repealed by this Act;“Secretary” means the Secretary of the Board appointed under section 8;“title survey” means any survey which by any written law is required for the purpose of or in connection with the registration of any title to land or building or any assurance or instrument affecting or purporting to affect title to land or building, and includes in connection therewith —
(a)
the delimitation of the boundaries of any land whether privately owned or not;
(b)
the emplacement, replacement and removal of boundary or survey marks;
(c)
surveys required for the correct interrelation of boundaries or of boundary or survey marks; and
(d)
the making and recording of all measurements and calculations relevant thereto and the drawing and reproduction of plans therefrom;“title survey work” means any work which is part of or related to a title survey;“unlimited corporation” means a corporation formed on the principle of having no limit placed on the liability of its members.
Definition
“allied professional” means —
(a)
an architect who is registered under the Architects Act 1991; or
(b)
a professional engineer who is registered under the Professional Engineers Act 1991;
Definition
“assurance plan” means any plan showing approximate boundaries or dimensions and areas for the purpose of identifying land which has not been surveyed to the satisfaction of the Chief Surveyor but is required to be surveyed under the provisions of any written law;
Definition
“certificate of registration” means the certificate of registration issued under section 14;
Definition
“Chief Surveyor” means the officer for the time being performing the duties of the head of the Survey Department;
Definition
“Government surveyor” means a surveyor who is employed by the Government, whether or not registered under section 12;
Definition
“Investigation Committee” means an Investigation Committee appointed under section 24(1);
Definition
“licence” means a licence to engage in title survey work in Singapore granted under section 17;
Definition
“licensed”, in relation to a corporation or partnership, means a corporation or partnership which has in force a licence;
Definition
“manager”, in relation to a corporation or partnership, means the principal executive officer of the corporation or partnership for the time being by whatever name called and whether or not he is a director or partner thereof;
Definition
“practising certificate” means an annual practising certificate issued under section 15 authorising the holder thereof to engage in title survey work in Singapore;
Definition
“previous Board” means the Land Surveyors Board constituted by section 3 of the repealed Act;
Definition
“register of licensees” means the annual register of licensed corporations and partnerships kept by the Board under section 9(1)(c);
Definition
“register of practitioners” means the annual register of practitioners kept by the Board under section 9(1)(b);
Definition
“register of surveyors” means the register of surveyors kept by the Board under section 9(1)(a);
Definition
“registered surveyor” means a person registered as a land surveyor under section 12;
Definition
“repealed Act” means the Land Surveyors Act [Cap. 156. 1985 Ed] repealed by this Act;
Definition
“Secretary” means the Secretary of the Board appointed under section 8;
Definition
“title survey” means any survey which by any written law is required for the purpose of or in connection with the registration of any title to land or building or any assurance or instrument affecting or purporting to affect title to land or building, and includes in connection therewith —
(a)
the delimitation of the boundaries of any land whether privately owned or not;
(b)
the emplacement, replacement and removal of boundary or survey marks;
(c)
surveys required for the correct interrelation of boundaries or of boundary or survey marks; and
(d)
the making and recording of all measurements and calculations relevant thereto and the drawing and reproduction of plans therefrom;
Definition
“title survey work” means any work which is part of or related to a title survey;
Definition
“unlimited corporation” means a corporation formed on the principle of having no limit placed on the liability of its members.
Clause 3
Act not to apply to Government
Nothing in this Act shall apply to anything done or omitted to be done by the Government.
Part V
PRACTISING CERTIFICATES
Clause 15
Practising certificates
(1)
Where a registered surveyor desires to engage in title survey work in Singapore after 31st December of any year, he shall, not later than 1st December of that year, make an application in the prescribed form and manner for a practising certificate authorising him to engage in such title survey work in the ensuing year.
(2)
Notwithstanding subsection (1), where a registered surveyor applies for a practising certificate for the first time after registration under section 12, the application shall be in the prescribed form and may be made at any time during the year and the registered surveyor may be issued a practising certificate for the remainder of the year in which the application is made.
(3)
Any application by a registered surveyor under this section shall be addressed to the Board and be accompanied by —
(a)
a declaration in writing stating —
(i)
his full name;
(ii)
the name under which he practises if different from his own name, or the name of the corporation or partnership employing him; and
(iii)
the principal and any other address or addresses at which he practises in Singapore; and
(b)
the prescribed fee,and the Board shall, subject to subsection (4), thereupon issue to the registered surveyor a practising certificate.
(4)
The Board may refuse to issue a practising certificate if —
(a)
the applicant is an undischarged bankrupt or a receiving order in bankruptcy is in force against him;
(b)
the applicant has entered into a composition with his creditors or a deed of arrangement for the benefit of his creditors;
(c)
the applicant is not resident in Singapore;
(d)
the applicant does not intend to practise either on his own account or in partnership, or is not or not about to be employed by any person lawfully engaged in title survey work in Singapore;
(e)
the declaration under subsection (3) contains a statement that to its knowledge is false in a material particular; or
(f)
the conduct of the applicant affords reasonable grounds for believing that he will not engage in title survey work in Singapore in accordance with the written law and with honesty and integrity.
(5)
Any registered surveyor (not being a registered surveyor who is applying for a practising certificate for the first time) who fails to apply for a practising certificate in the manner and within the period laid down in subsection (1) may, on the making of an application in such form and on payment of such additional fee as may be prescribed, be issued a practising certificate for —
(a)
the ensuing year if the application is made during the month of December of any year; or
(b)
the remainder of the year if the application is made on or after 1st January of any year.
(6)
Subject to subsection (8), a practising certificate shall, unless earlier cancelled, be in force from the date of its issue until 31st December of the year in respect of which it is issued.
(7)
A practising certificate shall specify the address of the principal place of practice and all other places of practice of the registered surveyor in respect of whom the practising certificate was issued, and any change in such address shall be notified by the registered surveyor concerned to the Secretary and an endorsement of such change on the practising certificate shall be obtained from the Secretary within one week of such change.
(8)
Where the registration of a surveyor is cancelled under section 16, the practising certificate, if any, of that surveyor for the time being in force shall expire forthwith and the date of such expiration shall be entered by the Secretary on the register of practitioners.
(9)
Any person whose application for a practising certificate has been refused by the Board may, within 30 days after being notified of such refusal, appeal to the High Court whose decision shall be final.
Clause 16
Cancellation of practising certificates
(1)
The Board may cancel a practising certificate of any registered surveyor on any ground specified in section 15(4) which applies to the registered surveyor, whether or not such ground existed at the time when the practising certificate was issued.
(2)
The Board shall not cancel any practising certificate under subsection (1) unless an opportunity of being heard either personally or by counsel has been given to the person concerned.
(3)
Any person whose practising certificate has been cancelled by the Board under this section may, within 30 days after being notified of such cancellation, appeal to the High Court whose decision shall be final.
Part X
REPEAL, SAVINGS AND TRANSITIONAL PROVISIONS
Clause 44
Repeal
The Land Surveyors Act [Cap. 156] is repealed.
Clause 45
Persons already registered
(1)
Every person who is registered under the provisions of the repealed Act immediately before the appointed day shall be deemed to be a registered surveyor under the provisions of this Act.
(2)
The Secretary shall transfer to the register of surveyors the names of all persons on the register kept under section 7 of the repealed Act together with the dates of their respective registration and any other particulars appearing in that register.
Clause 46
Continuation of office of Board members, etc.
(1)
Subject to section 4(4), a person who, immediately before the appointed day, held office as a member of the previous Board shall continue to hold office as members of the Board under this Act as if appointed under the provisions of this Act for the residue of his term of office.
(2)
The first Secretary of the Board shall be the person who, immediately before the appointed day, held office as the Secretary of the previous Board, and such person shall continue to hold office as if he had been appointed under section 8.
Clause 47
Transfer of assets and property
On the appointed day, all assets and properties of every description and all powers, rights and privileges in connection therewith or appertaining thereto which immediately before that day were vested in the previous Board shall be transferred to and vest in the Board without further assurance.
Clause 48
Transitional
(1)
On the appointed day any scheme, contract, document, licence or resolution prepared, made, granted or approved by or on behalf of the previous Board shall continue and be deemed to have been prepared, made, granted or approved by the Board under this Act.
(2)
All obligations and liabilities of the previous Board existing immediately before the appointed day shall as from that day be the obligations and liabilities of the Board and the Board shall have all necessary powers to discharge them.
(3)
In any written law and in any document, unless the context otherwise requires, any reference to the previous Board shall be construed as a reference to the Board.
(4)
Any proceedings or cause of action pending or existing immediately before the appointed day by or against the previous Board, or any person acting on its behalf, may be continued and enforced by or against the Board.
Clause 49
Disciplinary proceedings
(1)
Where on the appointed day any disciplinary proceedings under section 12 of the repealed Act are pending against any person, the proceedings shall be carried on and completed by the Board; but where on that day any such matters was being heard or investigated or had been heard or investigated by the previous Board and no order, report or decision had been rendered thereon, the previous Board shall continue to exist to complete the hearing or investigation and may make such order, report or decision as it could have under the provisions of the repealed Act.
(2)
Where pursuant to this section any order, report or decision is made by the previous Board, that order, report or decision shall have the same force and effect as if it had been made by the Board pursuant to the provisions of this Act.
Clause 50
Practising certificates
Notwithstanding the provisions of this Act, a person who is a registered surveyor shall be entitled to do any of the acts referred to in section 10 without a practising certificate for the period of two months from and including the appointed day, except that nothing in this section shall authorise any registered surveyor to do any of such acts during the aforesaid period if he is suspended from practice for that duration.
Clause 51
Certificates of registration
Every certificate of registration issued under the repealed Act to any registered surveyor before the appointed day shall not lapse but remain valid until the registration of the surveyor is cancelled under this Act.
Clause 52
References in other written laws
On the expiration of two months from and including the appointed day, all references in any other written law to licensed or registered surveyors, or to persons registered under the provisions of the repealed Act, shall be read as references to registered surveyors who have in force practising certificates within the meaning of this Act.
Clause 4
Establishment of Land Surveyors Board
(1)
There shall be established in Singapore a body to be called the Land Surveyors Board which shall be a body corporate with perpetual succession and a common seal, with power, subject to the provisions of this Act, to sue and be sued in its corporate name, to acquire and dispose of property, both movable and immovable, and to do and perform such other acts as bodies corporate may by law perform.
(2)
The Board shall consist of —
(a)
the Chief Surveyor who shall be the Chairman;
(b)
the Deputy Chief Surveyor;
(c)
a Government surveyor appointed by the Minister; and
(d)
3 surveyors appointed by the Minister, of whom one shall be selected from a list of not less than two registered surveyors submitted by the Singapore Institute of Surveyors and Valuers.
(3)
A member of the Board (other than the Chief Surveyor or the Deputy Chief Surveyor) shall be appointed for a term not exceeding two years but may from time to time be reappointed, and may at any time be removed from office by the Minister.
(4)
A person shall not be qualified to be appointed as a member of the Board under subsection (2)(c) or (d) if —
(a)
he is neither a citizen nor a permanent resident of Singapore;
(b)
he is not a registered surveyor;
(c)
he is an undischarged bankrupt or has made any arrangement on composition with his creditors;
(d)
he has been convicted of any offence involving fraud, dishonesty or moral turpitude, or of any other offence implying a defect in character which makes him unfit for the surveying profession; or
(e)
he is of unsound mind or incapacitated by physical illness.
(5)
The office of any appointed member of the Board shall become vacant if the member —
(a)
dies;
(b)
resigns or is removed from office; or
(c)
becomes in any manner disqualified for office within the meaning of subsection (4),and the vacancy so created shall, as soon as practicable, be filled in the manner in which the appointment to the vacant office was made; and every person so appointed shall hold office for the residue of the term for which his predecessor was appointed.
(6)
The powers of the Board shall not be affected by any vacancy in its membership.
(7)
Any question as to whether a person has ceased to be a member of the Board appointed under subsection (2)(c) or (d) shall be determined by the Board whose decision shall be final.
Clause 5
Meetings of Board and quorum
(1)
The Board shall meet at such times and such places as the Chairman may appoint.
(2)
At any meeting of the Board, 3 members present shall form a quorum and no business shall be transacted at any meeting unless a quorum is present.
(3)
At any meeting of the Board, the Chairman shall preside and in his absence the members present shall elect from among themselves one member to preside over the meeting.
(4)
The member presiding at any meeting of the Board shall have a deliberative vote and, in the case of an equality of votes, shall also have a casting vote.
(5)
Subject to the provisions of this Act and any rules made thereunder, the Board may determine its own procedure.
Clause 6
Common seal of Board
(1)
The common seal of the Board shall bear such device as the Board may approve and the seal may from time to time be broken, changed, altered or made anew by the Board as it may think fit.
(2)
The common seal shall be kept in the custody of the Chairman and shall be authenticated by the Chairman or other member acting in the absence of the Chairman and any document purporting to be sealed and authenticated as aforesaid shall, until the contrary is proved, be deemed to be validly executed.
Clause 7
Functions of Board and committees
(1)
The functions of the Board shall be —
(a)
to keep and maintain a register of surveyors, an annual register of practitioners and an annual register of licensees;
(b)
to approve or reject applications for registration under section 12 or to approve any such applications subject to such restrictions as it may think fit to impose;
(c)
to establish, maintain and develop the standard of professional conduct and ethics of the surveying profession;
(d)
to hear and determine disputes relating to professional conduct or ethics of registered surveyors or licensed corporations or partnerships;
(e)
to appoint arbitrators for the purpose of hearing and determining disputes between registered surveyors, licensed corporations or partnerships and other persons;
(f)
to license corporations and partnerships which engage in title survey work in Singapore; and
(g)
generally to do all such acts, matters and things as are necessary to be carried out under the provisions of this Act.
(2)
The Board may appoint such committees from among its members or other persons (whether or not they are registered surveyors) as it thinks fit to assist or advise the Board on such matters arising out of its functions under this Act as are referred to them by the Board.
Clause 8
Secretary and officers
(1)
The Board may appoint a Secretary and such other officers and employees as it thinks necessary.
(2)
The Secretary shall be under the general direction of the Board and shall sign all certificates of registration, practising certificates and licences, and shall record all entries of registration, cancellations and reinstatements in the register of surveyors, annual register of practitioners and annual register of licensees.
(3)
The Secretary shall attend all meetings of the Board and record the proceedings thereof, and shall conduct the correspondence and deal with such matters as may be assigned to him by the Chairman or by the Board.
(4)
The Secretary shall —
(a)
before 31st March in each year, prepare and publish in the Gazette a list of the names of all registered surveyors who have in force a practising certificate and the principal business address at which the person practises in Singapore; and
(b)
from time to time publish in the Gazette such supplementary lists of the names of persons added to or removed from the register of practitioners as may be required.
Clause 9
Registers
(1)
The Board shall keep and maintain —
(a)
a register of surveyors in which shall be entered the names of all persons registered under this Act, the qualifications by virtue of which they are so registered and such other particulars in relation thereto as may from time to time be determined by the Board;
(b)
an annual register of practitioners in which shall be entered the particulars as contained in the declaration delivered under section 15(3)(a); and
(c)
an annual register of licensees in which shall be entered the names of all licensed corporations and partnerships and such other particulars in relation thereto as may from time to time be determined by the Board.
(2)
Any person may inspect any register mentioned in subsection (1) at any time during the office hours of the Board on payment of the prescribed fee.
(3)
A copy of any entry in any register kept and maintained under this section purporting to be certified by the Secretary as a true copy thereof shall in all proceedings be prima facie evidence of the matters specified therein.
Clause 10
Illegal practice
(1)
Subject to the provisions of this Act, no person shall certify to the correctness or accuracy of any title survey unless he is a Government surveyor who is registered under section 12 or a registered surveyor who has in force a practising certificate.
(2)
Subject to the provisions of this Act, no person shall —
(a)
use or cause or permit to be used any written words, titles or initials or any abbreviation thereof which are intended to cause or may reasonably cause any person to believe that the person using them is authorised to engage in title survey work in Singapore; or
(b)
advertise or hold himself out or conduct himself in any way or by any means as a person authorised to engage in title survey work in Singapore,unless at the time of so doing the person is a registered surveyor who has in force a practising certificate, a licensed corporation, a licensed partnership or a partnership consisting wholly of registered surveyors.
(3)
Subject to the provisions of this Act, no person shall be entitled to recover in any court any charge, fee or remuneration for any title survey work carried out in Singapore, unless at the time of carrying out the title survey work the person is —
(a)
a registered surveyor who has in force a practising certificate and is doing so on his own account or as a partner in a licensed partnership or partnership consisting wholly of registered surveyors;
(b)
an allied professional and a partner in a licensed partnership; or
(c)
a licensed corporation.
(4)
Subject to the provisions of this Act, no person shall perform or execute any title survey or engage in any title survey work in Singapore unless he is —
(a)
a registered surveyor who has in force a practising certificate;
(b)
a Government surveyor who is registered under section 12; or
(c)
under the direction or supervision of any of the persons mentioned in paragraphs (a) and (b).
(5)
Any person who contravenes or fails to comply with subsection (1), (2), (3) or (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $4,000.
Clause 11
Saving for winding up of corporation
Nothing in section 10(2)(a) shall apply to prevent a corporation that ceases to have in force a licence from carrying on any activity necessary to the winding up of the corporation.
Clause 12
Persons entitled to be registered
(1)
Subject to the provisions of this Act, every person who is 21 years of age and above shall, on payment of the prescribed fee, be entitled to be registered under this Act if he satisfies the Board that —
(a)
he has obtained a certificate of competency issued by the Board after passing the prescribed examination; or
(b)
he has passed a professional examination recognised by the Board and has passed such further examination and has had such practical experience in surveying in Singapore as the Board may prescribe.
(2)
The Board may register any Government surveyor entitled to registration under this section without payment of the prescribed fee.
(3)
Notwithstanding anything in subsections (1) and (2), the Board may refuse to register any person who is not, in the opinion of the Board, of good character and reputation.
Clause 13
Application for registration
Every application for registration under this Act shall be made to the Board in such form and manner as may be prescribed.
Clause 14
Certificate of registration
(1)
The Board shall issue to each registered surveyor, upon application by the surveyor in the prescribed form and on payment of the prescribed fee, a certificate of registration.
(2)
The Board may issue a certificate of registration under this section to any Government surveyor without payment of the prescribed fee.
Clause 17
Licence for multi-discipline and corporate practice
(1)
Subject to the provisions of this Act, the Board may grant a licence to a corporation to engage in title survey work in Singapore if —
(a)
the memorandum of association of the corporation provides that the primary object of the corporation is to engage in title survey work;
(b)
at least $1 million of its authorised capital is bona fide paid-up;
(c)
the articles of association of the corporation provide that no person other than a registered surveyor or an allied professional shall be a director of the corporation;
(d)
the articles of association of the corporation provide that not less than two-thirds, or such lower proportion as the Minister may specify in relation to any particular corporation, of each class of shares of the corporation shall be owned by and registered in the names of registered surveyors and allied professionals, all of whom shall be directors, managers or employees of the corporation;
(e)
the business of the corporation, so far as it relates to title survey work in Singapore, will be under the control and management of a manager of the corporation who is a registered surveyor ordinarily resident in Singapore and has in force a practising certificate; and
(f)
the corporation is insured against professional liability in accordance with section 21.
(2)
Subject to the provisions of this Act, the Board may grant a licence to any unlimited corporation to engage in title survey work in Singapore if —
(a)
the requirements specified in subsection (1)(a), (c) and (e) are complied with; and
(b)
the members comprise registered surveyors or allied professionals or both, all of whom shall be directors, managers or employees of the corporation.
(3)
Subject to the provisions of this Act, the Board may grant to any partnership not consisting wholly of registered surveyors a licence to engage in title survey work in Singapore if —
(a)
the partnership is one in which only registered surveyors, each of whom shall have in force a practising certificate, and allied professionals have a beneficial interest in the capital assets and profits of the partnership; and
(b)
the business of the partnership, so far as it relates to title survey work in Singapore, will be under the control and management of a manager who is a registered surveyor ordinarily resident in Singapore and has in force a practising certificate.
(4)
Subject to the provisions of this Act, the Board may grant to any corporation or partnership a licence to engage in title survey work in Singapore if the corporation or partnership has in force a licence granted under section 20 of the Architects Act 1991 or section 21 of the Professional Engineers Act 1991 and —
(a)
in the case of an unlimited corporation, the corporation complies with the requirements set out in subsections (1)(c) and (e) and (2)(b);
(b)
in the case of any other corporation, the corporation complies with the requirements set out in subsection (1)(b), (c), (d), (e) and (f); or
(c)
in the case of a partnership, the partnership complies with the requirements set out in subsection (3).
(5)
Any application for a licence under this section shall be in such form and shall be made in such manner as may be prescribed.
(6)
The Board may refuse to grant a licence under this section to any corporation (whether unlimited or not) or partnership if, in the opinion of the Board, the past conduct of any director, manager or employee of the corporation, or any partner, manager or employee of the partnership, affords reasonable grounds for believing that the corporation or partnership, as the case may be, will not engage in title survey work in Singapore in accordance with the written law and with honesty and integrity.
(7)
Every licence granted under this section shall, unless earlier revoked, be valid for such period as may be specified therein.
(8)
Any person whose application for a licence has been refused by the Board may, within 30 days after being notified of such refusal, appeal to the Minister whose decision shall be final.
Clause 18
Conditions of licence
(1)
It shall be a condition of every licence granted to any corporation or partnership that the corporation or partnership shall engage in title survey work in Singapore only under the control and management of a manager thereof who is a registered surveyor ordinarily resident in Singapore and who has in force a practising certificate.
(2)
It shall be a condition of every licence granted to any corporation (other than an unlimited corporation) that the corporation shall not engage in title survey work in Singapore unless the corporation is insured in respect of professional liability in accordance with section 21.
(3)
Without prejudice to subsections (1) and (2), the Board may grant a licence subject to such other conditions as it thinks fit and may at any time vary any existing conditions (other than those specified in subsections (1) and (2)) of such a licence or impose additional conditions thereto.
(4)
Where a licence is granted by the Board to a corporation or partnership subject to conditions (other than those specified in subsections (1) and (2)), the corporation or partnership may, if aggrieved by the decision of the Board, appeal in the prescribed manner to the Minister whose decision shall be final.
Clause 19
Change in composition of board of directors, members or shareholders
(1)
Any licensed corporation shall, within 30 days of the occurrence of —
(a)
any alteration of its memorandum or articles of association to remove the restrictions, limitations or prohibitions of the kind specified in section 17(1), (2) or (4), whichever is applicable; or
(b)
any change in the composition of its board of directors, members or shareholders,furnish the Board a true report in writing giving full particulars of the alteration or change.
(2)
Any licensed partnership shall, within 30 days of the occurrence of any change in the composition of its members, furnish the Board a true report in writing giving full particulars of the change.
Clause 20
Application of Companies Act
(1)
Sections 162, 163, 197 of and the Eighth Schedule to the Companies Act [Cap. 50] shall apply to a licensed corporation which is an exempt private company subject to the modification that any reference in those sections and that Schedule to an exempt private company shall not include a reference to the licensed corporation; and every such licensed corporation shall —
(a)
comply with the prohibitions in section 162 (relating to loans to its directors) and section 163 (relating to loans to persons connected with the directors of the lending company) of the Companies Act [Cap. 50] as if it were not an exempt private company; and
(b)
forward annually to the Registrar of Companies, together with the annual return required by section 197 of the Companies Act, such copies of documents as are required to be included in the annual return and such certificates and particulars in accordance with Part II of the Eighth Schedule to that Act as if it were not an exempt private company.
(2)
In this section, “exempt private company” has the same meaning as in the Companies Act.
Clause 21
Liability insurance
Every licensed corporation which is not an unlimited corporation shall be insured against liability for any breach of professional duty arising out of the conduct of its practice of title survey as a direct result of any negligent act, error or omission committed by the corporation or its directors, managers, secretaries or employees.
Clause 22
Relationship between client and corporation
A licensed corporation shall have the same rights and shall be subject to the same obligations in respect of fiduciary, confidential and ethical relationships with each client of the corporation that exist at law between a registered surveyor and his client.
Clause 23
Professional responsibility of supervising surveyor
A registered surveyor who has the control and management of the business of a licensed corporation or licensed partnership relating to title survey work in Singapore shall be subject to the same standards of professional conduct and competence in respect of the business as if the title survey work was personally undertaken by the registered surveyor.
Clause 24
Appointment of Investigation Committees
(1)
Without prejudice to the generality of section 7(2), the Board may appoint one or more Investigation Committees, consisting of such number of members (which may include members of the Board) as the Board may determine, for the purpose of investigating into any complaint against a registered surveyor or a licensed corporation or partnership.
(2)
An Investigation Committee shall, after investigating into any complaint, report to the Board on the matter and the report shall, inter alia, deal with the question of the necessity or otherwise of a hearing by the Board under section 25 or 27.
(3)
An Investigation Committee shall meet from time to time for the despatch of business and, subject to the provisions of this Act and any rules made thereunder, may regulate its own procedure.
(4)
Any member of the Board who is a member of an Investigation Committee investigating into any complaint against a registered surveyor or a corporation or partnership —
(a)
shall not take part in any deliberation of the Board under section 25 or 27, as the case may be, with respect to that registered surveyor, corporation or partnership; and
(b)
shall be dis-regarded for the purpose of constituting a quorum of the Board for such deliberation or decision.
Clause 25
Cancellation of registration or suspension from practice
(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 one year under any of the following circumstances:
(a)
if he is convicted of any offence involving fraud or 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 36(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 employee of a corporation, or a partner, manager or 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 27(1)(e)) which would warrant the Board revoking any licence granted to the corporation or partnership or imposing a penalty under section 27;
(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 title survey within 14 days of the receipt of a statement issued to him under section 37(4).
(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 Chairman censure the registered surveyor; or
(c)
order the registered surveyor to pay the cost of any correction to his title survey incurred by the Chief Surveyor.
(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 forthwith 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.
Clause 26
Removal from registers
(1)
There shall be removed from the register of surveyors and register of practitioners the name and other particulars of any registered surveyor —
(a)
who has died; or
(b)
whose registration has been cancelled under section 25.
(2)
Any registered surveyor may apply to the Board to have his name removed from the register of surveyors.
(3)
Every application under subsection (2) shall be made in the prescribed form and shall be supported by an affidavit served on the Board not less than two months before the application is heard.
(4)
The Board may for good cause require the applicant to advertise his intention to make the application in such manner as the Board shall direct.
(5)
Subject to subsection (6), the Board may after hearing the application direct the Secretary to remove the name of the applicant from the register of surveyors.
(6)
No order shall be made on an application under subsection (2) if the Board is satisfied that —
(a)
disciplinary action is pending against the applicant; or
(b)
the conduct of the applicant is the subject of inquiry or investigation by an Investigation Committee.
Clause 27
Revocation of licence
(1)
Subject to subsection (3), the Board may by order revoke any licence it granted to a corporation or partnership if in the opinion of the Board —
(a)
the corporation or partnership has contravened or failed to comply with any of the conditions imposed by the Board under section 18;
(b)
the memorandum or articles of association of the corporation have been so altered that they no longer include the restrictions, limitations or prohibitions of the kind specified in section 17(1), (2) or (4), whichever is applicable;
(c)
a person who is neither a registered surveyor who has in force a practising certificate nor an allied professional has a beneficial interest in the capital assets and profits of the partnership;
(d)
the licence had been obtained by fraud or misrepresentation;
(e)
the corporation or partnership has ceased to engage in title survey work in Singapore;
(f)
the corporation or partnership has contravened or failed to comply with section 19, 20 or 21, or has been convicted of an offence under this Act;
(g)
the corporation or partnership has contravened any provision of the prescribed code of professional conduct and ethics;
(h)
the conduct of any director, manager or employee of the corporation, or any partner or employee of the partnership, affords grounds for believing that the corporation or partnership, as the case may be, will not engage in title survey work in Singapore in accordance with the written law and with honesty and integrity;
(i)
the corporation or partnership has refused or failed to comply with an order of the Board made under subsection (2); or
(j)
the corporation or partnership refuses or fails to pay the cost of any correction to its title survey within 14 days of the receipt of a statement issued to it under section 37(4).
(2)
The Board may, in any case in which it considers that no cause of sufficient gravity for revoking a licence exists —
(a)
by order impose on the corporation or partnership concerned a penalty not exceeding $20,000 and every such penalty shall be recoverable as a debt due to the Board; or
(b)
order the corporation or partnership to pay the cost of any correction to its title survey incurred by the Chief Surveyor.
(3)
The Board shall not exercise its powers under subsection (1) or (2) unless —
(a)
an opportunity of being heard by a representative in writing or by counsel had been given to the corporation or partnership against whom the Board intends to exercise its powers; and
(b)
at least 3 members of the Board are present at the hearing.
(4)
Where the Board has revoked a licence pursuant to this section, it shall forthwith inform the corporation or partnership concerned.
(5)
Any order of revocation made by the Board shall not take effect until the expiration of 30 days after the Board has informed the corporation or partnership concerned and if within that period the corporation or partnership 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.
(6)
Where an order of revocation becomes effective —
(a)
the Secretary shall cause notice of the revocation to be published in the Gazette and shall cancel the entry in the register of licensees relating to the corporation or partnership concerned; and
(b)
the corporation or partnership concerned shall, as from the date of the notice, cease to engage in title survey work in Singapore except as may be approved by the Board for the purpose of winding up its business.
(7)
Subsection (6)(b) shall not prejudice the enforcement by any person of any right or claim against the corporation or partnership or by the corporation or partnership of any right or claim against any person.
Clause 28
Appeals
If the Board has made —
(a)
an order of cancellation of registration or suspension from practice under section 25 against a registered surveyor;
(b)
an order of revocation of a licence under section 27 against a corporation or partnership; or
(c)
an order imposing any pecuniary penalty on a registered surveyor under section 25(2) or on a licensed corporation or partnership under section 27(2),the surveyor, corporation or partnership concerned may, within 30 days after the order or penalty has been communicated to him or them, appeal to the High Court whose decision shall be final.
Clause 29
Reinstatement of registration
The Board may in its discretion, after the expiration of not less than one year from the cancellation of registration of any person, consider any application for registration by that person in accordance with the provisions of Part IV.
Clause 30
Powers of Investigation Committee and Board to require attendance of witnesses, etc.
(1)
For the purposes of any investigation by an Investigation Committee or any hearing under section 25 or 27 by the Board, the Investigation Committee or the Board may —
(a)
require evidence to be given on oath and for that purpose the Chairman of the Investigation Committee or any member of the Board, as the case may be, may administer an oath; and
(b)
require any person to attend and give evidence before it and to produce all books, documents and papers in the custody of that person or under his control relating to the subject-matter of the investigation or hearing.
(2)
Every person who without lawful excuse refuses or fails —
(a)
to attend and give evidence when required to do so by the Investigation Committee or the Board;
(b)
to answer truly and fully any question put to him by a member of the Investigation Committee or the Board; or
(c)
to produce to the Investigation Committee or the Board any book, document or paper required of him,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.
Clause 31
Powers of entry for survey purposes
(1)
Any registered surveyor who has in force a practising certificate and is authorised either generally or specially by the Chief Surveyor may, for the purpose of conducting any survey under or for the purposes of this Act or any other written law, or the installation of any boundary or survey mark —
(a)
enter and re-enter any land, seabed, foreshore or building at any reasonable time during the hours of daylight, with or without such assistants, aircraft, boats, vehicles, appliances, machinery and equipment as are reasonably necessary for the conduct of the survey or to install the boundary or survey mark;
(b)
emplace any boundary or survey mark in or upon such lands and premises and may dig up any ground for the purpose of emplacing the boundary or survey mark; and
(c)
cut down and remove any timber or other growth which may obstruct any survey line or any boundary.
(2)
Before exercising any of the powers conferred by subsection (1) in respect of any land that is not a road, the person doing so shall, where practicable, give reasonable notice to the occupier of the land of the intention to exercise those powers.
(3)
Any person exercising any power under subsection (1) shall produce evidence of his identity and authority to exercise those powers —
(a)
if practicable, on first entering the land or premises; and
(b)
whenever subsequently reasonably requested to do so.
(4)
Nothing in this section shall exempt any registered surveyor or his assistants from liability for any damage caused in the exercise of the powers conferred by subsection (1).
Clause 32
Inspection of Government survey maps
For the purpose of obtaining data for a title survey, the survey plan of which is to be lodged with the Survey Department, a registered surveyor who has in force a practising certificate or an authorised employee or manager of a licensed corporation or partnership may at all reasonable times be permitted to inspect the relevant maps, plans or survey records in the Department and to take copies of such information therefrom as he may require without payment of search fees, but he shall not remove any such maps, plans or survey records and shall be liable for any damage which he may cause to them while they are under his control.
Clause 33
Payment of title survey fees
The Chief Surveyor shall be entitled to utilise the whole or part of any sum deposited with or paid in advance to him in respect of any title survey of any land in payment of the fees of any registered surveyor who or licensed corporation or partnership which has been engaged —
(a)
by the person who deposited the sum, or his successor in title, to carry out the title survey of the land, whether for the purpose of subdividing the land or otherwise; or
(b)
by the Board to complete the title survey of the land pursuant to section 36(2).
Clause 34
Deposit of plans
On completion of a title survey, the registered surveyor who signs the survey plan thereof shall deposit that plan together with the relevant field books, calculation sheets and survey data with the Survey Department and if the plan is approved by the Chief Surveyor or other officer appointed by him to approve it on his behalf all those documents (including any copyright subsisting therein) shall become the property of the Government and shall be filed as permanent survey records.
Clause 35
Approval of title surveys and assurance plans
(1)
No title survey or survey plan thereof shall be accepted or adopted for the purpose of any written law unless it has been approved by the Chief Surveyor or other officer appointed by him to approve plans on his behalf.
(2)
No assurance plan shall be lodged in the Registry of Titles and Deeds unless the plan is signed by a registered surveyor and approved by the Chief Surveyor or other officer appointed by him to approve assurance plans on his behalf, and bears a caution to the effect that the boundaries or dimensions and areas are inconclusive.
(3)
The Chief Surveyor may withhold approval of any plan under this section where the written permission to subdivide as required by section 9 of the Planning Act [Cap. 232] has not been obtained or where the appropriate survey fees have not been paid.
Clause 36
Duty of registered surveyor to complete title survey
(1)
A registered surveyor who prepares and signs an assurance plan shall carry out and complete the title survey of the land described and shown in the plan within 6 months from the date of approval of the plan by the Chief Surveyor or such extended period as the Board may allow.
(2)
Where a registered surveyor has not carried out or has not been able to complete the title survey within the period specified in subsection (1) or any extended period allowed by the Board, the Board may order the title survey to be carried out or completed by a Government surveyor or another registered surveyor and the cost of completing the title survey shall be paid in accordance with section 33.
(3)
This section shall not apply to registered surveyors in the employment of any public authority established by any written law.
Clause 37
Correction of errors
(1)
The Chief Surveyor or any Government surveyor authorised by him may at any time undertake field and office checks on the title survey work of a registered surveyor or a licensed corporation or partnership.
(2)
The Chief Surveyor or any person authorised by him may, within 12 months after the date on which any survey plan is deposited with the Survey Department, by notice in writing, direct any registered surveyor or any licensed corporation or partnership to correct at his or its expense within a period specified in the notice any error in the title survey made by that registered surveyor, corporation or partnership.
(3)
If any person fails to comply with the notice given under subsection (2), the Chief Surveyor may undertake the correction of the survey and recover the cost of the correction from the person.
(4)
Where the Chief Surveyor is authorised to recover the cost of any correction of a title survey under subsection (3), he shall serve on the registered surveyor, corporation or partnership concerned a statement of the cost of the correction by registered post addressed to the last known place of practice or residence of the registered surveyor, corporation or partnership.
Clause 38
Application of fees, etc., received by Board
(1)
All fees, penalties and other moneys payable under this Act shall be paid to the Board to be applied in the first place to defraying the expenses incurred by the Board in respect of its functions under this Act, including the remuneration of the Secretary and other officers and employees of the Board, and thereafter to providing scholarships and the promotion of learning and education in connection with the profession of surveying.
(2)
The Secretary shall take and receive all moneys payable to the Board under this Act.
(3)
All fees and other moneys payable to the Board under this Act shall be paid forthwith into a bank account approved by the Minister.
(4)
The Board may from time to time invest any moneys not immediately required by the Board in such trustees’ securities as the Board may determine.
(5)
The Board shall keep full and proper accounts of all moneys received and expended by it and the accounts shall be audited by an auditor approved by the Minister.
Clause 39
Penalty for wilful falsification of register and for wrongfully procuring registration, etc.
Any person who —
(a)
wilfully makes or causes to be made any false entry in or falsification of any register kept and maintained under this Act;
(b)
wilfully procures or attempts to procure —
(i)
for any corporation or partnership any licence; or
(ii)
for himself or any other person a practising certificate or to be registered as a surveyor under this Act,by making or producing or causing to be made or produced any false or fraudulent representation or declaration, either verbally or in writing, or by intentionally suppressing any material fact and furnishing information which is misleading; or
(c)
knowingly aids or assists in any of the acts mentioned in paragraph (a) or (b),shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $4,000.
Clause 40
Offences by bodies corporate, etc.
Where a corporation, partnership or unincorporated association of persons is guilty of an offence under this Act and that offence is proved to have been committed with the authority, consent or connivance of any director, manager, partner, secretary or other similar officer of the corporation, partnership or association or any person who was purporting to act in any such capacity, he, as well as the corporation, partnership or association, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Clause 41
Rules
(1)
The Board may, with the approval of the Minister, make rules for carrying out the purposes of this Act and for any matter which is required under this Act to be prescribed.
(2)
Without prejudice to the generality of subsection (1), the Board may, with the approval of the Minister, make rules —
(a)
prescribing forms of applications under this Act and certificates of registration, practising certificates and licences;
(b)
prescribing the fees payable under this Act;
(c)
prescribing the subject-matter of examinations to be conducted by or under the direction of the Board in the case of applicants or class of applicants for registration;
(d)
prescribing the form of the register of surveyors, register of practitioners and register of licensees to be kept and the particulars to be entered therein;
(e)
prescribing the fees to be charged by the Survey Department in connection with title surveys and the time for payment of those fees;
(f)
prescribing a code of professional conduct and ethics;
(g)
regulating the preparation and making of title surveys; and
(h)
regulating the proceedings of an Investigation Committee.
(3)
All rules made under this section shall be presented to Parliament as soon as possible after publication in the Gazette.
Clause 42
Exemption
(1)
The Minister may, by order and subject to such conditions as he thinks fit, exempt any person or class of persons from all or any of the provisions of this Act.
(2)
Any order made under this section shall be presented to Parliament as soon as possible after publication in the Gazette.
Clause 43
No action in absence of bad faith or malice
No action or proceedings shall lie against the Board, an Investigation Committee or any member thereof for any act or thing done under this Act unless it is proved to the court that the act or thing was done in bad faith or with malice.
Common questions
- What is Land Surveyors Bill?
- Land Surveyors Bill is Singapore Bill, cited as Bill 11 1991, currently marked in force and first recorded in 1991.
- Is Land Surveyors Bill still in force?
- Yes — Land Surveyors Bill is currently in force.
- When did Land Surveyors Bill take effect?
- Land Surveyors Bill was first recorded in 1991.
- How many clauses does Land Surveyors Bill have?
- Land Surveyors Bill contains 52 clauses.
- Where can I read the official version of Land Surveyors Bill?
- The official text of Land Surveyors Bill is published at sso.agc.gov.sg.