PART 7 DISCIPLINARY PROCEEDINGS AND REVOCATION OF LICENCES |
| Appointment of Investigation Committees |
24.—(1) Without limiting 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 any complaint against a registered surveyor or a licensed corporation, partnership or limited liability partnership.| (2) An Investigation Committee must, after investigating any complaint, report to the Board on the matter and the report must, among other things, deal with the question of the necessity or otherwise of a hearing by the Board under section 25 or 27. |
| (3) An Investigation Committee must meet from time to time for the despatch of business and, subject to the provisions of this Act, may regulate its own procedure. |
(4) Any member of the Board who is a member of an Investigation Committee investigating any complaint against a registered surveyor or a licensed corporation, partnership or limited liability partnership —| (a) | must 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, partnership or limited liability partnership; and | | (b) | must be disregarded for the purpose of constituting a quorum of the Board for such deliberation or decision. |
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| Cancellation of registration or suspension from practice |
25.—(1) Subject to this section, the Board may by order cancel the registration of any registered surveyor or suspend him or her from practice for a period not exceeding 12 months under any of the following circumstances:| (a) | if he or she is convicted of any offence involving fraud, dishonesty or moral turpitude; | | (b) | if his or her registration under section 12 or practising certificate was obtained by fraud or misrepresentation; | | (c) | if his or her qualification for registration under section 12 has been withdrawn or cancelled by the authority through which it was acquired or by which it was awarded; | | (d) | if he or she has been guilty of any improper conduct that renders him or her, in the opinion of the Board, unfit to be a registered surveyor; | | (e) | if it appears to the Board that he or she has contravened any provision of the prescribed code of professional conduct and ethics; | | (f) | if it appears to the Board that he or she 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 or limited liability partnership, had failed to take reasonable steps to prevent the corporation, partnership or limited liability partnership from acting in a manner (other than as described in section 27(1)(f)) which would warrant the Board revoking any licence granted to the corporation, partnership or limited liability partnership or imposing a penalty under section 27; | | (h) | if he or she has been adjudicated a bankrupt; | | (i) | if he or she has been convicted of any offence under this Act; | | (j) | if he or she refuses or fails to comply with any order of the Board made under subsection (2)(a) or (c); | | (k) | if he or she refuses or fails to pay the cost of any correction to his or her cadastral survey within 14 days of the receipt of a statement issued to him or her under section 16(4) of the Boundaries and Survey Maps Act 1998. |
(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, exercise one or more of the following powers:| (a) | by order impose on the registered surveyor a penalty not exceeding $20,000; [Act 25 of 2024 wef 01/10/2025] | | (b) | by writing under the hand of the president censure the registered surveyor; | | (c) | order the registered surveyor to pay the cost of any correction to his or her cadastral survey incurred by the Chief Surveyor. |
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(3) The Board must 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. |
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| (4) Every penalty imposed by the Board under subsection (2)(a) is recoverable as a debt due to the Board. |
| (4A) All penalties collected by the Board under subsection (2)(a) must be paid into the Consolidated Fund. [Act 25 of 2024 wef 01/10/2025] |
| (5) While any order of suspension from practice made under this section remains in force, the person concerned is not for the purposes of this Act to be regarded as having in force a practising certificate, but immediately on the expiry or annulment of such order, his or her privileges as a registered surveyor are revived as from the date of expiry or annulment. |
| (6) Any order of cancellation of registration or suspension from practice does not take effect until the expiry 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 General Division of the High Court, the order does not take effect unless the order is confirmed by the General Division of the High Court or the appeal is for any reason dismissed by the General Division of the High Court. [40/2019] |
(7) For the purposes of subsection (1)(g), a registered surveyor is not to be deemed to have taken reasonable steps to prevent the doing of any act by a corporation, partnership or limited liability partnership unless he or she satisfies the Board that —| (a) | the act was done without his or her knowledge; | | (b) | he or she was not in a position to influence the conduct of the corporation, partnership or limited liability partnership in relation to its action; or | | (c) | he or she, being in such position, exercised all due diligence to prevent the corporation, partnership or limited liability partnership from so acting. |
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| (8) In this section, references to acts done include references to omissions to act and to a series of acts or omissions to act. |
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26.—(1) The name and other particulars of any registered surveyor —| (a) | who has died; | | (b) | whose registration has been cancelled under section 25; or | | (c) | who has no address in Singapore at which he or she can be contacted or sent any document using his or her particulars in the register, |
| must be removed from the register of surveyors and register of practitioners. |
| (2) Any registered surveyor may apply to the Board to have his or her name removed from the register of surveyors. |
| (3) Every application under subsection (2) must be made in the prescribed form and must be supported by an affidavit served on the Board at least 2 months before the application is heard. |
| (4) The Board may for good cause require the applicant to advertise his or her intention to make the application in such manner as the Board directs. |
| (5) Subject to subsection (6), the Board may after hearing the application direct the Registrar to remove the name of the applicant from the register of surveyors. |
(6) No order is to 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 an inquiry or investigation by an Investigation Committee. |
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27.—(1) Subject to subsection (3), the Board may by order revoke any licence granted to a corporation, partnership or limited liability partnership if in the opinion of the Board —| (a) | the corporation, partnership or limited liability partnership has failed to comply with any of the conditions imposed by the Board under section 18; | | (b) | in relation to a corporation, 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) or (2), whichever is applicable; | | (c) | in relation to a partnership, a person who is neither —| (i) | a registered surveyor who has in force a practising certificate; nor | | (ii) | an allied professional who has in force a practising certificate, |
| has a beneficial interest in the capital assets and profits of the partnership; |
| | (d) | in relation to a limited liability partnership, the limited liability partnership no longer satisfies the requirements of section 17(4); | | (e) | the licence had been obtained by fraud or misrepresentation; | | (f) | the corporation, partnership or limited liability partnership has stopped supplying survey services in Singapore; | | (g) | the corporation, partnership or limited liability partnership has contravened section 19, 20 or 21, or has been convicted of an offence under this Act; | | (h) | the corporation, partnership or limited liability partnership has contravened any provision of the prescribed code of professional conduct and ethics; | | (i) | the conduct of any director, manager or employee of the corporation, or any partner, manager or employee of the partnership or limited liability partnership, provides grounds for believing that the corporation, partnership or limited liability partnership (as the case may be) will not engage in survey work in Singapore in accordance with the written law and with honesty and integrity; | | (j) | the corporation, partnership or limited liability partnership has refused or failed to comply with an order of the Board made under subsection (2); or | | (k) | the corporation, partnership or limited liability partnership refuses or fails to pay the cost of any correction to its cadastral survey within 14 days of the receipt of a statement issued to it under section 16(4) of the Boundaries and Survey Maps Act 1998. |
(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, partnership or limited liability partnership concerned a penalty not exceeding $50,000 and every such penalty is recoverable as a debt due to the Board; or [Act 25 of 2024 wef 01/10/2025] | | (b) | order the corporation, partnership or limited liability partnership to pay the cost of any correction to its cadastral survey incurred by the Chief Surveyor. |
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| (2A) All penalties collected by the Board under subsection (2)(a) must be paid into the Consolidated Fund. [Act 25 of 2024 wef 01/10/2025] |
(3) The Board must not exercise its powers under subsection (1) or (2) unless —| (a) | an opportunity of being heard by a representative in writing or by counsel has been given to the corporation, partnership or limited liability partnership against which the Board intends to exercise its powers; and | | (b) | at least 3 members of the Board are present at the hearing. |
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| (4) Where the Board has revoked a licence under this section, it must immediately inform the corporation, partnership or limited liability partnership concerned. |
| (5) Any order of revocation made by the Board does not take effect until the expiry of 30 days after the Board has informed the corporation, partnership or limited liability partnership concerned and if within that period the corporation, partnership or limited liability partnership gives due notice of appeal to the General Division of the High Court, the order does not take effect unless the order is confirmed by the General Division of the High Court or the appeal is for any reason dismissed by the General Division of the High Court. [40/2019] |
(6) Where an order of revocation becomes effective —| (a) | the Registrar must cause notice of the revocation to be published in the Gazette and must cancel the entry in the register of licensees relating to the corporation, partnership or limited liability partnership concerned; and | | (b) | the corporation, partnership or limited liability partnership concerned must, as from the date of the notice, stop supplying survey services in Singapore except as may be approved by the Board for the purpose of winding up its business. |
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| (7) Subsection (6)(b) does not prejudice the enforcement by any person of any right or claim against the corporation, partnership or limited liability partnership or by the corporation, partnership or limited liability partnership of any right or claim against any person. |
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28. Where 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, partnership or limited liability partnership; or | | (c) | an order imposing any pecuniary penalty on a registered surveyor under section 25(2) or on a corporation, partnership or limited liability partnership under section 27(2), |
| the registered surveyor, corporation, partnership or limited liability partnership concerned may, within 30 days after the order or penalty has been communicated to him, her or it, appeal to the General Division of the High Court whose decision is final. |
[40/2019] |
| Reinstatement of registration |
| 29. The Board may, after the expiry of at least 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 4. |
| Powers to require attendance of witnesses, etc. |
30.—(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 Chairperson 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 that person’s 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 the person 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 the person, |
| shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000. |
[Act 25 of 2024 wef 01/10/2025] |
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| Board may appoint legal counsel |
| 31. For the purposes of any investigation by an Investigation Committee, any hearing under section 25 or 27 by the Board or any appeal to the General Division of the High Court under section 28, the Investigation Committee or the Board (as the case may be) may appoint an advocate and solicitor and pay him or her such remuneration as the Board may determine. [40/2019] |
32.—(1) Where 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, partnership or limited liability partnership; or | | (c) | an order imposing any pecuniary penalty on a registered surveyor under section 25(2) or on a corporation, partnership or limited liability partnership under section 27(2), |
| the Board may order the registered surveyor, corporation, partnership or limited liability partnership (as the case may be) to pay to the Board such sum as it thinks fit in respect of costs and expenses incurred by the Board. |
| (2) The General Division of the High Court has jurisdiction to tax any sum ordered by the Board under subsection (1), and such order is enforceable as if it were ordered in connection with a civil action in the General Division of the High Court. [40/2019] |
(3) The costs and expenses mentioned in subsection (1) include —| (a) | the costs and expenses of any advocate and solicitor appointed under section 31; | | (b) | such reasonable expenses as the Board may pay to witnesses; and | | (c) | such reasonable expenses as may be incurred by the Board in respect of the investigation by the Investigation Committee or in the conduct of proceedings before the Board or any appeal to the General Division of the High Court. [40/2019] |
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