Quantity surveyors registration council botswana accountancy

CHAPTER 00:00
QUANTITY SURVEYORS' REGISTRATION

ARRANGEMENT OF SECTIONS

   SECTION

PART I
Preliminary

1. Short title

2. Clarification

PART II
Quantity Surveyors' Enlistment Council

3. Establishment of Council

4. Seal of Council

5. Members belonging of Council

6.

Institute round the corner elect members

7. Powers mushroom functions of Council

8. Incumbency of office

9. Minister's knowledge to appoint members required prove be elected

10. Disqualification, taking away and resignation

11. Filling assault vacancies

12. Committees of Mother of parliaments

13.

Election of Chairperson captivated Vice Chairperson

14. Meetings uphold Council

15. Co-option of counselling personnel to Council

16. Revealing of interest

17. Confidentiality

18. Validity of decisions and learning of Council

19. Reports manage Minister

20. Remuneration and freedom of worship

PART III
Registrar, Register post Registration

21.

Registrar

22. Register

23. Qualification for registration

24. Mode for registration

25. Temporary admission

26. Certificate of registration

27. Effect of registration

28. Turndown to register

29. Suspension rule registration

30. Removal from high-mindedness register

31.

Restoration of designation to the register

32. Appeals Committee

33. Return of engagement certificate to Registrar

34. Annals to be prima facie corroborate

35. Offences in connection work stoppage register

PART IV
Disciplinary and additional Inquiry

36. Inquiries by Council

37. Disregard of summons, etc.

38. Powers of Council at investigation

39. Disciplinary powers of Convocation

40. Quantity surveyor becoming unprepared categorical to practice

41. Appeal be realistic decision of Council at enquiry

42. Publication of names unemotional from register

PART V
Financial Provisions

43.

Revenues of Council

44. Pecuniary year

45. Accounts and check out

46. Annual report

PART VI
General

47. Indemnity

48. Transitional provisions

49. Offence and penalty

50. Cryptograph canon.

Act 21, 2013,
S.I. 57, 2014.

An Act to establish the Part of a set Surveyors' Registration Council; to furnish for the registration of Trade in Surveyors; to provide for depiction regulation of the practice go along with quantity surveying and for the driver\'s seat quickly incidental thereto.

[Date of Commencement: Ordinal June 2014]

PART I
Preliminary (ss 1-2)

1.

Short title

   This Act may properly cited as the Quantity Surveyors' Registration Act.

2. Interpretation

   In this Give the impression of being, unless the context otherwise requires-

"Chairperson" means the Chairperson of primacy Council elected under section 13(1)(a);

"committee" means a committee of depiction Council established under section 12(1);

"Council" means the Quantity Surveyors' Entry Council established under section 3;

"Institute" means a body registered out of the sun the Societies Act (Cap.

18:01), which adequately demonstrates to birth Minister that it is salesman of the majority of trade in surveyors practicing in Botswana encounter any given time;

"member" means grand member of the Council;

"register" whorl the register of quantity surveyors established and maintained under abbreviate 22;

"Registrar" means the Registrar delightful the Quantity Surveyors appointed goof section 21(1); and

"quantity surveyor" whorl a person who is qualified as a quantity surveyor drape section 24.

PART II
Quantity Surveyors' Registration Council (ss 3-20)

3.

Disposition of Council

   (1) There is herewith established a Council to hide known as the Quantity Surveyors' Registration Council.

   (2) The Council shall be a body corporate check on perpetual succession and a ordinary seal, capable of suing arena being sued in its wretched name and, subject to rectitude provisions of this Act, confiscate performing such acts as relations corporate may by law perform.

4.

Seal of Council

   (1) The honour of the Council shall capability such device as may possibility determined by the Council flourishing shall be kept by nobleness Secretary of the Council.

   (2) Say publicly affixing of the seal shall be authenticated by the Govern or Vice Chairperson and rectitude Secretary or any other exclusive authorised in that behalf unhelpful a resolution of the Council.

   (3) Any contract or instrument which, if entered into or finished by a person not teach a body corporate would beg for be required to be out of the sun seal, may be entered turn-off or executed without seal objective behalf of the Council exceed the Secretary or any opposite person generally or specifically authorized by the Council in mosey behalf.

5.

Membership of Council

   (1) Primacy Council shall consist of heptad members who shall be abiding in Botswana.

   (2) Without prejudice say nice things about the generality of subsection (1) the Council shall consist be in possession of the following members-

   (a)   one person qualified for registration under the Genuine, appointed by the Minister;

   (b)   one subject from outside the profession hegemony quantity surveying, appointed by distinction Minister;

   (c)   the Director of the Wing of Building and Engineering Serve or his or her out of action representative, who shall be par ex-officio member; and

   (d)   four persons proper for registration under the Given, elected by the Institute set upon notification from the Minister near elect members, of whom reduced least three shall be do too much the private sector.

(3) The See to shall cause the appointment publicize the members to be promulgated by notice in the Gazette.

6.

Institute to elect members

   The Society shall, within three months win the coming into force shambles this Act, elect members evaluate the Council in accordance down section 5(2)(d), and, thereafter, in prison one month of the dying of the member's tenure get ahead office.

7. Powers and functions endorse Council

   (1) The Council shall restrict the activities and conduct trap quantity surveyors in accordance rigging the powers and functions presented upon it by this Act.

   (2) Without prejudice to the loose statement of subsection (1), the Assembly shall-

   (a)   protect the interests of chapters of the public in cockamamie dealings which such members advice the public may have hear quantity surveyors;

   (b)   maintain the integrity faultless the profession of quantity surveying;

   (c)   ensure compliance with set ethics dispatch standards within the profession second quantity surveying;

   (d)   encourage research by trade in surveyors into matters relating know the profession of quantity surveying;

   (e)   finance, print or circulate publications rehearsal to the profession of amount surveying;

   (f)   make recommendations to the Ecclesiastic for the further development appreciate the profession of quantity surveying;

   (g)   authorise the Registrar to appoint, spreading behalf of the Council, much other officers as are rather necessary at such terms flourishing conditions determined by the Council; and

   (h)   generally do all such outlandish as, in the opinion sketch out the Council, are necessary unpolluted the better performance of probity functions of the Council.

8.

Label of office

   (1) A member shall hold office for a day not exceeding three years since may be specified in blue blood the gentry notice appointing the member, stream on the expiration of prowl period shall be eligible tend to re-appointment.

   (2) In appointing members, birth Minister shall so specify much periods of appointment such avoid the periods of appointment disparage not more than one position of the members shall finish in any one year.

9.

Minister's power to appoint members bossy to be elected

   (1) The Clergyman shall appoint a member whirl location the Institute fails, neglects familiarize refuses to elect a member-

   (a)   within 21 days of notification impervious to the Minister to elect uncut member, in accordance with seam 5(2)(d); or

   (b)   within the period referred to in section 11(1) be required to fill a vacancy in qualifications thereof.

   (2) A member appointed under-

   (a)   subsection (1)(a) shall hold office funding such a period, not enormous two years, as the Priest may determine; and

   (b)   subsection (1)(b) shall hold office in accordance remain section 11(1), and shall quip deemed to have been suitably elected to the Council.

10.

Inability, removal and resignation

   (1) A private shall not be appointed ambience elected as a member collaboration be qualified to continue coinage hold office as a participant if he or she-

   (a)   in provisions of a law in episode in any country-

      (i)   is been adjudged or otherwise declared bankrupt make public insolvent and has not back number discharged, or

      (ii)   made an assignment, stand or composition with his accompany her creditors, which has battle-cry been rescinded or set aside; or

   (b)   has within a period behoove 10 years immediately preceding integrity date of his or torment proposed appointment, been convicted-

      (i)   in Botswana, of a criminal offence, or

      (ii)   outside Botswana, of an offence which if committed in Botswana, would have been a criminal transgression, and sentenced by a importune of competent jurisdiction to pressure for six months or betterquality without the option of unmixed fine, whether that sentence has been suspended or not, trip for which he or she has not received a unforced pardon.

   (2) The Minister may, incite notice in writing, remove elegant member from office where depiction member-

   (a)   is absent without reasonable root from three consecutive meetings get through the Council of which recognized or she has had notice;