Land Surveyors (Investigation Committees) (Amendment) Rules 2000

No. S 202

Land Surveyors Act

Chapter 156

Land Surveyors (Investigation Committees) (Amendment) Rules 2000

In exercise of the powers conferred by section 40(1) and (2)(j) of the Land Surveyors Act, the Land Surveyors Board, with the approval of the Minister for Law, hereby makes the following Rules:

Citation and commencement

1. These Rules may be cited as the Land Surveyors (Investigation Committees) (Amendment) Rules 2000 and shall come into operation on 15th April 2000.

Amendment of rule 2

2. Rule 2 of the Land Surveyors (Investigation Committees) Rules (R 6) (referred to in these Rules as the principal Rules) is amended by deleting the full-stop at the end of the definition of “member” and substituting a semi-colon, and by inserting immediately thereafter the following definition:

“ “registered surveyor” means a registered surveyor and includes a licensed corporation or partnership.”.

Deletion and substitution of rule 3

3. Rule 3 of the principal Rules is deleted and the following rules substituted therefor:

“Complaints against registered surveyors

3.—(1) A complaint against a registered surveyor shall be made to the Board in writing and shall be supported by a statutory declaration which shall state —

(a)	the address and occupation of the complainant; and
(b)	the source of the complainant’s information and the grounds for his belief in the truth of the declaration if it is not within the personal knowledge of the complainant.

(2) The Board may waive the statutory declaration if the complaint is made in writing by a public officer.

(3) The Board may require any person making a complaint to deposit with the Board a reasonable sum not exceeding $1,000 to cover any costs and expenses as may be necessarily incurred by the Board in dealing with the complaint.

(4) Where the complaint is found to be frivolous or vexatious or is dismissed, the sum so deposited or any part thereof as the Board may determine shall be applied for the payment of those costs and expenses; otherwise the sum so deposited shall be returned to the person making the complaint.

Appointment of Committee

3A.—(1) Where the Board receives a complaint, the Board may —

(a)	forthwith appoint a Committee to investigate into the matter 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 that the complaint has been referred to a Committee.

(2) In order that the Board may satisfy itself whether any complaint discloses a need for investigation by a Committee, the Board may require —

(a)	the complainant; and
(b)	the registered surveyor against whom the complaint is made or in respect of whom the facts relate,

to furnish such information in such form or to produce such document as the Board may require.

(3) If any complainant refuses or fails, without lawful excuse, to furnish any information or to produce any document as may be required by the Board under paragraph (2), the Board may dismiss the complaint.

(4) If any registered surveyor against whom a complaint is made refuses or fails, without lawful excuse, to furnish any information or to produce any document as may be required by the Board under paragraph (2), he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.

(5) Where any complaint laid before a Committee under this rule arises from the conviction of a registered surveyor for a criminal offence, the Committee, and the High Court on any appeal under section 28 of the Act, shall accept his conviction as final and conclusive.”.

Deletion of rules 7 and 8

4. Rules 7 and 8 of the principal Rules are deleted.

Amendment of rule 9

5. Rule 9(1) of the principal Rules is amended by deleting the words “, licensed corporation or partnership” wherever they appear.

Amendment of rule 10

6. Rule 10 of the principal Rules is amended by deleting paragraph (1) and substituting the following paragraphs:

“(1) Upon completion of its investigation into the complaint, the Committee shall report its findings to the Board and shall in its report recommend to the Board to do any of the following:

(a)	dismiss the complaint;
(b)	issue the registered surveyor with a letter advising him on the steps to be taken to improve or regularise his practice or conduct;
(c)	issue the registered surveyor with a letter warning him against further improper conduct;
(d)	hold a hearing for the purpose of section 25 or 27 of the Act;
(e)	make such other order as the Committee considers appropriate.

(1A) Where a Committee is satisfied that there is no ground for disciplinary action under section 25 or 27 of the Act arising from the complaint, the Committee shall report to the Board accordingly and state the reasons for its decision.”.

Made this 10th day of April 2000.

WEE SOON KIANG

President,
Land Surveyors Board,
Singapore.

[LSB 61 Vol. 7; LAW 19/003/002 Vol. 3; AG/LEG/SL/156/96/1 Vol. 2]

(To be presented to Parliament under section 40(3) of the Land Surveyors Act).

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