Land Surveyors Act
(Chapter 156, Section 40(2)(j))
Land Surveyors (Investigation Committees) Rules
R 6
REVISED EDITION 1992
(1st September 1992)
[1st September 1992]
Citation
1.  These Rules may be cited as the Land Surveyors (Investigation Committees) Rules.
Definitions
2.  In these Rules, unless the context otherwise requires —
“Committee” means an Investigation Committee appointed under section 24(1) of the Act;
“member” means a member of a Committee.
Appointment of investigation Committee
3.  On receipt of a complaint against a registered surveyor or a licensed corporation or partnership, the Board shall —
(a)forthwith appoint a Committee to investigate into the complaint and to advise the Board whether a hearing by the Board under section 25 or 27 of the Act should be held;
(b)refer the complaint to the Committee; and
(c)inform the registered surveyor or licensed corporation or partnership that the complaint has been referred to a Committee.
Committee to carry out work expeditiously
4.—(1)  A Committee shall carry out its work expeditiously and report to the Board not later than two months after the date of its appointment or within such extension of time as the Board may grant under paragraph (2).
(2)  Where a Committee is of the opinion that it will not be able to report its findings to the Board within the period specified in subsection (1) due to the complexity of the matter or serious difficulties encountered by the Committee in conducting its investigation, the Committee may apply in writing to the Board for an extension of time to submit its report.
Proceedings of Committee
5.—(1)  A Committee may meet for the purposes of its investigation, adjourn or otherwise regulate the conduct of its investigation as the members may think fit.
(2)  The Chairman of a Committee may at any time summon a meeting of the Committee.
(3)  Any question arising at any meeting of a Committee shall be determined by a majority of votes of the members thereof, and in the case of an equality of votes, the Chairman of the Committee shall have a second or casting vote.
Quorum and resolutions
6.  All members of a Committee shall be present to constitute a quorum for a meeting of the Committee and any resolution or decision in writing signed by all the members of a Committee shall be as valid and effectual as if it had been made or passed at a meeting of the Committee duly convened and held where all its members were present; and any such resolution may consist of several documents in like form, each signed by one or more members.
Statutory declarations
7.—(1)  A Committee shall not proceed with any investigation into a complaint unless there has been furnished to its satisfaction one or more statutory declarations in support of the complaint which shall state —
(a)the address and occupation of the declarant; and
(b)the source of the declarant’s information and the grounds for his belief in the truth of the declaration if it is not within the personal knowledge of the declarant.
(2)  The Committee may waive the statutory declaration if the information has been given in writing by a public officer.
Insufficient grounds for disciplinary action
8.  Where a Committee is satisfied that there are no grounds for disciplinary action under section 25 or 27 of the Act arising from the complaint, it shall report to the Board accordingly and state the reasons for its decision.
Right to be heard
9.—(1)  Where a Committee is of the opinion that a registered surveyor, licensed corporation or partnership should be called upon to answer any allegation made against him, the Committee shall post or deliver to the registered surveyor, licensed corporation or partnership concerned —
(a)copies of the complaint and any statutory declaration or affidavits that have been made in support of the complaint; and
(b)a notice inviting the registered surveyor, licensed corporation or partnership concerned to give, within such period (not being less than 14 days) as may be specified in the notice, to the Committee any written explanation he may wish to offer and to advise the Committee if he wishes to be heard by the Committee,
and, on the expiration of the time specified in the notice, the Committee shall give the registered surveyor, licensed corporation or partnership concerned reasonable opportunity to be heard and shall consider any explanation so given.
(2)  A registered surveyor may present his case before a Committee in person or by an advocate and solicitor.
(3)  A duly authorised employee of a licensed corporation or partnership or an advocate and solicitor may appear before a Committee on behalf of the licensed corporation or partnership.
Report and recommendation
10.—(1)  In the report submitted to the Board, a Committee shall recommend to the Board —
(a)that no action be taken; or
(b)a hearing be held by the Board under section 25 or 27 of the Act.
(2)  The report shall contain copies of all relevant documents and statements collected by the Committee during the investigation.