CHAPTER 207 - VALUATION SURVEYORS ACT: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Valuation Surveyors Rules

VALUATION SURVEYORS RULES

[Section 8]

[Re-denominate the currency as stipulated under S 4 of Re-denomination Act, 8 of 2012, read with Bank of Zambia Act, 43 of 1996.]

Arrangement of Rules

   Rule

   1.   Title

   2.   Interpretation

   3.   Correspondence

   4.   Application for registration

   5.   Fee for registration

   6.   Annual subscription

   7.   Change of address

   8.   Office of Board and meetings

   9.   Notice of meetings

   10.   Minutes of meetings

   11.   Delegation of powers

   12.   Co-option

   13.   Board’s finances

   14.   Accounts

   15.   Expenditure

   16.   Auditors

   17.   Annual report, balance sheet and accounts

   18.   Appointment of officers of Board

   19.   Scale

   20.   Rules of professional conduct and disciplinary proceedings

      FIRST SCHEDULE

      SECOND SCHEDULE

      THIRD SCHEDULE

[RULES made by the Board, with the approval of the Minister]

Act 13 of 1994,

SI 112 of 1979.

 

1.   Title

These Rules may be cited as the Valuation Surveyors Rules.

 

2.   Interpretation

In these Rules, unless the context otherwise requires—

“accused” means a surveyor against whom a complaint is made or whose conduct may appear to the Board to require or is under investigation;

“arrangement” means written agreement between a surveyor and his client;

“meeting” means a meeting of the Board;

“scale” means scale of fees;

“Secretary” means secretary to the Board;

“selling” includes selling by auction, private treaty, tender or otherwise;

“surveyor” means a registered valuation surveyor;

“Treasurer” means treasurer to the Board.

 

3.   Correspondence

All correspondence to the Board shall be addressed to the Secretary at P.O. Box 50027, Lusaka, or at any other postal address of the Board, as may from time to time be notified in that respect by the Board.

 

4.   Application for registration

All applications for registration shall be made in the form set out in the First Schedule, obtainable from the Secretary, and shall be accompanied by a fee for registration.

 

5.   Fee for registration

   (1) The fee for registration shall be fifty fee units.

   (2) On the refusal of any application for registration, the fee for registration thereof shall be returned to the applicant at the time of his notification by the Board of the Board’s decision thereon.

[Am by Act 13 of 1994.]

 

6.   Annual subscription

There shall be paid to the Board by every surveyor on or before the 1st July in each year, such an annual subscription as the Board may from time to time determine.

 

7.   Change of address

Every surveyor shall notify the Secretary immediately of his change of address.

 

8.   Office of Board and meetings

   (1) The office of the Board and meetings shall be at such places as the Board may from time to time determine.

   (2) The Board shall meet as often as may be necessary but in any case not less than twice in every calendar year.

 

9.   Notice of meetings

   (1) The Secretary shall give to all members not less than seven days’ notice of any meeting.

   (2) Such notice shall indicate the time and place of the said meeting.

 

10.   Minutes of meetings

The Board shall keep minutes of meetings and the Chairman shall confirm and sign, after any correction if necessary, the minutes of the previous meeting.

 

11.   Delegation of powers

The Board may delegate any of its powers to committees consisting of such member or members as it thinks fit.

 

12.   Co-option

The Board may co-opt not more than two persons to act temporarily, one as Secretary and the other as Treasurer.

 

13.   Board’s finances

   (1) The Board shall be responsible for its financial affairs.

   (2) All money accrued to or received by the Board shall be paid into an account at such bank as the Board shall direct; and no sum shall be paid out of the said account except by the direction of the Board.

 

14.   Accounts

The Board shall cause true accounts to be kept of all—

      (a)   money received and expended by the Board and the purposes for which such money are received and expended;

      (b)   assets and liabilities of the Board.

 

15.   Expenditure

The Board may pay out of its funds such money as are necessary for the work of the Board or of any committee appointed by the Board.

 

16.   Auditors

The Board shall appoint an auditor at a fee to be fixed by the Board.

 

17.   Annual report, balance sheet and accounts

Not later than the 31st December in each year, the Board shall deliver to every surveyor a copy of an annual report and of the balance sheet and accounts up to the 30th June of that year, covering the previous twelve months, together with a copy of the auditor’s report thereon.

 

18.   Appointment of officers of Board

The Board may appoint a Secretary, Treasurer, and other officers of the Board on such terms and conditions as it may deem fit.

 

19.   Scale

A surveyor shall be entitled to charge the fees at a scale laid down in the Second Schedule:

Provided that the provisions of this rule shall not apply to a surveyor who is in the service of the Government.

 

20.   Rules of professional conduct and disciplinary proceedings

A surveyor shall comply with the rules of professional conduct set out in Part I of the Third Schedule; and in any case of any alleged breach thereof, the Board shall institute disciplinary proceedings in accordance with the rules set out in Part II of the said Schedule.

FIRST SCHEDULE

[Rule 4]

FORM OF APPLICATION FOR REGISTRATION

(To be completed by a person applying for registration)

PARTICULARS

<TS:6,RT,DO>Surname............................................................................................................................ 

<TS:6,RT,DO> <PS:"Form Rule<TS:6,RT,DO>

<TS:6,RT,DO>(block capitals

<TS:6,RT,DO> 

First name.......................................................................................................................... 

 

Date of birth......................................................................................... sex ........................ 

 

Address ............................................................................................................................. 

 

<TS:6,RT,DO>Telephone number .............................................................................................................. 

<TS:6,RT,DO> <PS:"Form Rule<TS:6,RT,DO>

<TS:6,RT,DO>TRAINING 

<TS:6,RT,DO> 

School, Technical College or University attended (give dates):
..........................................................................................................................................
..........................................................................................................................................
..........................................................................................................................................
.......................................................................................................................................... 

 

Nature of course of study:
..........................................................................................................................................
.......................................................................................................................................... 

 

Professional examinations passed (give dates):
..........................................................................................................................................
..........................................................................................................................................
..........................................................................................................................................
.......................................................................................................................................... 

 

(Documentary evidence or certified copies thereof must be submitted with this application) 

 

<TS:6,RT,DO>Membership of professional organisations (give grade of membership):
..........................................................................................................................................
..........................................................................................................................................
.......................................................................................................................................... 

<TS:6,RT,DO>

PRACTICAL EXPERIENCE 

 

Present employment: 

 

<TS:6,RT,DO>Name of employer................................................................................................................
..........................................................................................................................................
Position held................................................ Date of appointment ........................................
Nature of work undertaken....................................................................................................
..........................................................................................................................................
Previous employment (whole career to date): 

<TS:6,RT,DO> <PS:"Form Rule

 

Name of employers (give dates) 

Positions held 

Nature of work undertaken 

 

{mprestriction ids="1,2,3,5"}

 

 

 

 

 

 

 

(If more space is needed please continue on a separate sheet) 

 

DECLARATION 

 

I am not practising or employed in any capacity other than as stated above; nor am I associated with any firm, business, trade, office or association other than as mentioned above. Neither my professional nor general conduct has been such as to debar me from membership of any relevant professional body or institution. 

 

I hereby solemnly and sincerely declare that the foregoing statements are true in every respect. 

 

Declared at ................................... this ................... day of .................................. 19 ......
by the said ........................................................................................................................ 

 

(Name of Applicant

 

<IN:LF:3,FI:0>..................................................................
(Signature of Applicant

<IN:LF:3,FI:0> 

Before me: 

 

<TS:6,RT,DO>.................................................................
(Commissioner for Oaths

<TS:6,RT,DO>

 

 

To: The Secretary.
The Valuation Surveyors Registration Board,
P.O. Box 50027,
Lusaka.

FOR OFFICE USE ONLY

Date application received.......................................................................................................

Fee for registration received...................................................................................................

Annual subscription received.................................................................................................

Date presented to the Board..................................................................................................

Decision.................................................................................................................................

Date applicant informed........................................................................................................

Register number...................................................................................................................

<PS:"Form RuleRemarks:

<PS:"Form Rule

SECOND SCHEDULE

[Rule 19]

SCALE

PART I

1.   Expenses

The fees set out herein are, except where otherwise stated, exclusive of disbursements, fees for plans and copies of documents, and traveling and other expenses, which shall be paid for by the client to the surveyor in addition to the charges for professional services.

2.   Reduced scale

The scale shall be for a full and detailed report, except in the following circumstances:

      (a)   where a report or valuation has been made on a particular property for the same client, a reduced fee may, by prior arrangement, be charged for a further report or valuation made at a later stage;

      (b)   where instructions are held to carry out work which would normally involve charging fees under more than one scale, a reduced fee may normally be charged;

      (c)   where a full report is not required by the client, a reduced fee may, by prior arrangement, be charged. Such a fee shall not be less than fifty per centum of the normal fee.

3.   Valuations

   (1) Where a surveyor acts for two or more parties, the charge shall be one and a half times the fee payable under the relevant scale, divisible between all the parties.

   (2) The charge for making valuations of a fraction of an estate shall be based on the amount of the work involved.

   (3) The fees prescribed shall not apply to structural surveys.

PART II

1.   Valuations of unexhausted improvements

   (1) Subject to the provisions of sub-paragraph (2), the fee payable to a surveyor engaged for the purpose of making valuations of unexhausted improvements shall be in accordance with the following scale:

Valuation 

Fee 

On the first K3,000 . . . . . . . . . . . . . 

1.0 per centum 

On the next K22,000 . . . . . . . . . . . . 

0.50 per centum 

On the residue . . . . . . . . . . . . . . . . 

0.25 per centum

   (2) The minimum fee payable under the provisions of this paragraph shall be three hundred fee units.

2.   Valuations of goodwill of business

The fee payable to a surveyor engaged for the purpose of making valuations of goodwill of a business shall be in accordance with the following scale:

Valuation 

Fee 

On the first K2,000 . . . . . . . . . . . . . 

5.0 per centum 

On the residue . . . . . . . . . . . . . . . . 

2.5 per centum

3.   Valuations of unexhausted improvements for building society mortgage

   (1) Subject to the provisions of sub-paragraph (2), the fee payable to a surveyor engaged by a building society for the purpose of making valuations of unexhausted improvements for a building society mortgage shall be in accordance with the scale of the building society, if any, in force.

   (2) Where a surveyor refuses to accept instructions based on the scale of the building society, the fee payable to him may be by prior arrangement.

4.   Valuations of unexhausted improvements for annual rental

   (1) Subject to the provisions of sub-paragraph (2), the fee payable to a surveyor engaged for the purpose of making valuations of unexhausted improvements for an annual rental shall be in accordance with the following scale:

Valuation of- 

Fee 

(a) Agricultural property: 

 

<TS:0.197222,NM,NO,0.39375,NM,NO,0.590278,NM,NO,1.1875,NM,NO,1.37778,NM,NO,1.575,NM,NO,1.96875,NM,NO>On the first K600 . . . . . . . . . . . . . . . 

10.5 per centum 

<TS:0.197222,NM,NO,0.39375,NM,NO,0.590278,NM,NO,1.1875,NM,NO,1.37778,NM,NO,1.575,NM,NO,1.96875,NM,NO>On the next K1,400 . . . . . . . . . . . . . 

5.5 per centum 

<TS:0.197222,NM,NO,0.39375,NM,NO,0.590278,NM,NO,1.1875,NM,NO,1.37778,NM,NO,1.575,NM,NO,1.96875,NM,NO>On the residue . . . . . . . . . . . . . . 

2.5 per centum 

<TS:0.197222,NM,NO,0.39375,NM,NO,0.590278,NM,NO,1.1875,NM,NO,1.37778,NM,NO,1.575,NM,NO,1.96875,NM,NO>(b) Other property: 

 

<TS:0.197222,NM,NO,0.39375,NM,NO,0.590278,NM,NO,1.1875,NM,NO,1.37778,NM,NO,1.575,NM,NO,1.96875,NM,NO>On the first K600 . . . . . . . . . . . . 

7.5 per centum 

<TS:0.197222,NM,NO,0.39375,NM,NO,0.590278,NM,NO,1.1875,NM,NO,1.37778,NM,NO,1.575,NM,NO,1.96875,NM,NO>On the next K1,400      . .   . . 

4.5 per centum 

<TS:0.197222,NM,NO,0.39375,NM,NO,0.590278,NM,NO,1.1875,NM,NO,1.37778,NM,NO,1.575,NM,NO,1.96875,NM,NO>On the next K3,000      . .   . . 

3.0 per centum 

<TS:0.197222,NM,NO,0.39375,NM,NO,0.590278,NM,NO,1.1875,NM,NO,1.37778,NM,NO,1.575,NM,NO,1.96875,NM,NO>On the residue   . .      . .   . . 

2.0 per centum <TS:2.625,NM,NO>

   (2) The minimum fee payable to a surveyor engaged for the purpose of making valuations of any agricultural property for an annual rental shall be three hundred fee units.

   (3) The maximum fee payable to a surveyor engaged for the purpose of making valuations of any property other than agricultural property for a letting for a period of less than one year shall be by prior arrangement.

5.   Valuations for probate

The fee payable to a surveyor engaged for the purpose of making valuations for probate shall be in accordance with the scale specified in paragraph 1 of this Part.

6.   Valuations of unexhausted improvements for rating purposes

The fee payable to a surveyor engaged for the purpose of making valuations of unexhausted improvements for rating purposes shall be on the basis of time occupied, dependent upon the circumstances of each case and the nature of the work involved, agreed by prior arrangement.

7.   Valuations of work for compulsory acquisition of property

   (1) The fee payable to a surveyor engaged for the purpose of making valuations of any work for the compulsory acquisition of property, including negotiating where required, for a settlement, shall be in accordance with the following scale:

Amount 

Fee units
(K) 

On 400 

300 

On 600 

380 

On 800 

460 

On 1,000 

550 

On 1,200 

590 

On 1,400 

630 

On 1,600 

670 

On 1,800 

720 

On 2,000 

760 

On 2,400 

800 

On 2,800 

840 

On 3,200 

880 

On 3,600 

920 

On 4,000 

970 

On 4,400 

1,010 

On 4,800 

1,050 

On 5,200 

1,090 

On 5,600 

1,130 

On 6,000 

1,180 

On 6,400 

1,220 

On 6,800 

1,260 

On 7,200 

1,300 

On 7,600 

1,340 

On 8,000 

1,390 

On 8,400 

1,430 

On 8,800 

1,470 

On 9,200 

1,510 

On 9,600 

1,550 

On 10,000 

1,600 

On 10,400 

1,640 

On 10,800 

1,680 

On 11,200 

1,720 

On 11,600 

1,760 

On 12,000 

1,810 

On 12,400 

1,850 

On 12,800 

1,890 

On 13,200 

1,930 

On 13,600 

1,970 

On 14,000 

2,020 

On 14,400 

2,060 

On 14,800 

2,100 

On 15,200 

2,140 

On 15,600 

2,180 

On 16,000 

2,230 

On 16,400 

2,270 

On 16,800 

2,310 

On 17,200 

2,350 

On 17,600 

2,390 

On 18,000 

2,440 

On 18,400 

2,480 

On 18,800 

2,520 

On 19,200 

2,560 

On 19,600 

2,600 

On 20,000 

2,650 

On 22,000 

2,860 

On 24,000 

3,070 

On 28,000 

3,490 

On 32,000 

3,910 

On 36,000 

4,330 

On 40,000 

4,750 

On the residue 

1 per centum <TS:1.58333,NM,NO>

   (2) For the purposes of calculating the fee chargeable under the provisions of this paragraph, where the works for which the fee is chargeable are negotiated by the surveyor, the cost of such works and any amount set-off in respect of betterment shall be added to the amount of the settlement.

   (3) The scale specified in this paragraph shall not apply to any surveyors acting either as arbitrators or umpires.

   (4) The fee payable to a surveyor engaged for the purpose of attending any court, or appearing before any umpire, arbitrator or advisory board, shall be by prior arrangement.

   (5) Where compensation is between any two consecutive amounts specified in sub-paragraph (1), the fee on the next higher amount shall apply, if the settlement is for a sum under K2, 000; and the fee on the next lower amount, plus one per centum of the residue, if the settlement is for a sum exceeding K2,000.

   (6) For the purpose of calculating the fees payable under the provisions of sub-paragraph (5), fractions of K200 shall be deemed to be K200.

8.   Valuations of furniture, fixtures, etc.

   (1) Subject to the other provisions of this paragraph, the fee payable to a surveyor engaged for the purpose of making valuations of furniture, fixtures, trading stocks and effects, shall be in accordance with the following scale:

Amount 

Fee 

On the first K1,400 

5.5 per centum 

On the residue 

2.5 per centum <TS:2.5625,NM,NO>

   (2) The fee payable under the provisions of sub-paragraph (1) shall be inclusive of the fee for making or checking inventories of any furniture, fixtures, trading stocks and effects, if required, for which it is payable.

   (3) The fee payable to a surveyor engaged for the purpose of making valuations of antiques, works of art, fine art, or other similar objects shall be by prior arrangement.

   (4) The minimum fee payable under the provisions of this paragraph shall be three hundred fee units.

9.   Valuations of plant and machinery or vehicles

   (1) Subject to the other provisions of this paragraph, the fee payable to a surveyor engaged for the purpose of making valuations of plant and machinery or vehicles shall be in accordance with the following scale:

Amount 

Fee 

On the first K1,200 

2.5 per centum 

On the next K10,800 

1.5 per centum 

On the next K18,000 

1.0 per centum 

On the next K70,000 

0.5 per centum <TS:2,NM,NO>

   (2) The fee payable under the provisions of this paragraph for the valuations of plant and machinery or vehicles exceeding K100,000 shall be by prior arrangement.

   (3) The minimum fee payable under the provisions of this paragraph shall be three hundred fee units.

10.   Valuations of fixtures, etc., of hotels, etc.

   (1) The fee payable to a surveyor engaged for the purpose of making valuations of fixtures, fittings, or contents of the items specified in column 1 shall be at the rate set out directly opposite thereto in column 2, which is the percentage of the valuation of the item:

Column 1 

Column 2 

Item 

Fee 

Hotels, restaurants, rest-houses or cafes 

5.5 per centum 

Bars or off-licence premises 

7.5 per centum

   (2) The fee payable under the provisions of sub-paragraph (1) shall be based on the gross amount of the valuation as settled.

   (3) The fee payable to a surveyor engaged for the purpose of making valuations of trading stock on any licensed premises shall be by prior arrangement.

11.   Valuations of live and dead farming stocks, etc.

   (1) The fee payable to a surveyor engaged for the purpose of making valuations of live and dead farming stocks, agricultural plant or fixtures, or of growing crops or other residual improvements, shall be in accordance with the following scale:

Valuation 

Fee 

On the first K400 

7.0 per centum 

On the next K1,600 

4.0 per centum 

On the next K18,000 

2.0 per centum 

On the residue 

1.0 per centum <TS:2.5,NM,NO>

   (2) Such fee as is referred to in sub-paragraph (1) shall be based on the gross amount of the valuation of the property in respect of which it is payable.

   (3) The fee payable to a surveyor engaged for the purpose of preparing or adjusting dilapidation, disturbance or other deterioration of any such property as is referred to in sub- paragraph (1) shall be on the basis of time occupied.

   (4) The minimum fee payable under the provisions of sub-paragraph (1) shall be three hundred fee units.

12.   Dilapidations

   (1) Subject to the provisions of sub-paragraph (3), the fee payable to a surveyor engaged for the purpose of preparing schedules for a landlord and settling the amount, if required, shall be in accordance with the following scale:

Amount 

Fee 

On the first K2,000 

8.0 per centum 

On the residue 

5.0 per centum or 5.0 per centum of the cost of works executed by the lessee (whichever is the greater) <TS:2.125,NM,NO>

   (2) The fee payable to a surveyor engaged for acting on behalf of a tenant in connection with a schedule for an amount claimed by the landlord shall be in accordance with the following scale:

Amount 

Fee 

On the first K1,000 

8.0 per centum 

On the residue 

5.0 per centum <TS:2,NM,NO>

   (3) Where the amount claimed by the landlord is not quantified, the fee payable under the provisions of this paragraph shall be based on the estimated cost of complying with the landlord’s schedule.

   (4) The minimum fee payable to a surveyor under the provisions of this paragraph shall be three hundred fee units.

13.   Inventories

   (1) Subject to the other provisions of this paragraph, the fee payable to a surveyor engaged for the purpose of making or checking inventories of furniture and other effects shall, according to the circumstances of each case, including the status of the surveyor, be by prior arrangement.

   (2) The fee payable under the provisions of this paragraph for acting between two or more parties shall be one and a half times the fee payable under the provisions of sub-paragraph (1), divisible between all the parties.

   (3) In cases involving dilapidations, an additional fee shall be payable under the provisions of this paragraph; and shall be in accordance with the scale specified in paragraph 12 of this Part.

14.   Reports on condition of property

The fee payable to a surveyor engaged for the purpose of preparing reports on the condition of property shall be on the basis of time occupied.

15.   Assessments of buildings and chattels for insurance

   (1) Subject to the provisions of sub-paragraph (5), the fee payable to a surveyor engaged for the purpose of making assessments of buildings for insurance shall be in accordance with the following scale:

Amount 

Fee 

On the first K10,000 

0.25 per centum 

On the next K90,000 

0.15 per centum 

On the next K300,000 

0.1 per centum <TS:2,NM,NO>

   (2) The fee payable to a surveyor engaged for the purpose of making assessments of chattels for insurance shall be in accordance with the scale specified in, and there shall apply the same considerations as apply to, paragraph 8 of this Part.

   (3) The fee payable under the provisions of sub-paragraph (1), for an assessment exceeding K400,000, shall be by prior arrangement.

   (4) The fee payable under the provisions of sub-paragraph (2) shall not be inclusive of the fee for negotiations with brokers or insurance companies, if any, which shall be on the basis of time occupied.

   (5) The minimum fee payable under the provisions of this paragraph shall be three hundred fee units.

16.   Sales

   (1) Subject to the other provisions of this paragraph, the fee payable as commission to a surveyor engaged for the purpose of selling the items specified in column 1 shall be at the rate or as directly set out opposite thereto in column 2:

Column 1 

Column 2 

Item 

Fee 

1. Furniture, trading stock, or chttels      . . 

7.5 per centum of the amount realised 

2. Plant and machinery      . .      . . 

By prior arrangement but not exceeding 7.5 per centum of the amount realised 

3. Live and dead farming stock, except horses, pedigree live-stock, bulls, rams, boars and poultry   . .   . . 

 

 

   (a)   2.5 per centum of the amount realised on live farming stock centum of the 

 

   (b)   By prior arrangement but not exceeding 7.5 per amount realised on dead farming stock 

4. Horses, pedigree livestock, bulls, rams, boars and poultry      . .      . .      . .   . .   . .   . . 

5.0 per centum of the amount realised

   (2) The fee payable under the provisions of this paragraph shall not be inclusive of the costs of advertising or other expenses.

   (3) The minimum fee payable under the provisions of this paragraph shall be one thousand two hundred and fifty fee units.

   (4) In the case of a sale by auction, where bids fail to reach the reverse price or are bought in by or on behalf of the vendor, the fee payable under the provisions of this paragraph shall be one half of the corresponding fee specified in sub-paragraph (1), based on the reserve or buying-in price.

17.   Dealing with town and country planning work

The fee payable to a surveyor engaged for the purpose of dealing with town and country planning work shall be on the basis of time occupied.

18.   Charges for time occupied

In those case where charges are to be assessed on the basis of time occupied by a surveyor in connection with the work for which he is engaged, the fee payable to the surveyor shall be at an hourly rate agreed, by prior arrangement, not exceeding sixteen thousand kwacha per hour, depending on the circumstances and nature of the work involved.

19.   Travelling time

An additional charge may, by prior arrangement, be made by a surveyor for time spent by the surveyor in travelling in connection with the work for which he is engaged; such a charge shall be assessed in accordance with the rate set out in paragraph 18 of this Part.

[Am by Act 13 of 1994.]

THIRD SCHEDULE

[Rule 20]

RULES OF PROFESSIONAL CONDUCT AND DISCIPLINARY PROCEEDINGS

PART I
RULES OF PROFESSIONAL CONDUCT

1.   Conduct

No surveyor shall conduct himself in such a manner as to prejudice his professional status or the reputation of the Board.

2.   Connection with occupation or business incompatible with work of surveyor

No surveyor shall be connected in any way with any occupation or business which is incompatible with the work of a surveyor.

3.   Clash of interests

Every surveyor shall—

      (a)   when acting for a client whose interests conflict with his own, disclose the relevant facts to his client; and

      (b)   ensure that neither he personally nor any firm or company carrying on practice as surveyors of which he is a partner or director acts for two or more parties with conflicting interests without disclosing the relevant facts to those parties.

4.   No acceptance of discount

   (1) Subject to the provisions of sub-paragraph (2), no surveyor shall, in his professional capacity accept, otherwise than for the benefit of a client, any trade or other commercial discount or commission.

   (2) Subject to the provisions of sub-paragraph (1), a surveyor may accept a commercial discount or commission in respect of goods or services ordered by him on behalf of a client, provided full disclosure of the acceptance is made to the client.

5.   Improper inducement

No surveyor shall—

      (a)   offer to provide, whether to a prospective client or a third party, any gift or favour in money or money’s worth, designed to secure instructions for work;

      (b)   with the object of securing instructions or supplanting a fellow surveyor, knowingly attempt to compete with that surveyor on the basis of fees or commissions;

      (c)   pay any fees or commissions to persons other than other surveyors for introduction of a client;

      (d)   act or offer to act in any capacity in relation to any matter which is the subject of judicial or quasi-judicial proceedings, either on the footing that no charge shall be made unless the proceedings are successful or on the footing that the amount of the charge shall be related to the degree of success attained.

6.   Touting

No surveyor shall solicit instructions for work in any manner whatsoever:

Provided that the provisions of this paragraph shall not, in the case of a regular client, apply unless the surveyor knew or ought to have known that the work in question had already been entrusted to another surveyor.

7.   Separate bank accounts

Every surveyor shall—

      (a)   keep in one or more bank accounts, separate from his own, his firm’s or his company’s bank account as the case may be, any money held by or entrusted to him, his firm or his company in any capacity, other than that of beneficial owner; and

      (b)   at the due time, account to all the parties entitled thereto for all money held as aforesaid, less any legitimate deduction therefrom.

8.   No prejudicial name, style or title

No surveyor shall carry on practice as a surveyor under any such name, style or title as to prejudice his professional status or the reputation of the Board.

9.   Publication or distribution of advertisement, etc.

Every surveyor shall ensure that the form, content and method of publication or distribution of any advertisement, article, leaflet, brochure or other publicity material of any kind whatsoever, published, issued or authorised by him are neither misleading to the public nor such as to prejudice his professional status or the reputation of the Board.

PART II
RULES OF DISCIPLINARY PROCEEDING

1.   When Board may institute inquiry

The conduct of any accused shall be considered by the Board of its own accord or upon a complaint made by or on behalf of any person aggrieved by reason of the alleged misconduct and, if deemed necessary, further inquired into by the Board.

2.   Complaints

The Board may require a complainant to file further particulars of any of the matters of which he complains and may require the complaint or any part thereof to be verified by an affidavit.

3.   Explanation in answer to complaint

The Board shall, by notice sent to the accused by registered post, addressed to his place of business appearing in the register or to his last known address, inform the accused of the complaint made against him; and shall call upon the accused to file within ten days of the date of posting such notice his explanation, verified by an affidavit, in answer to the complaint.

4.   Power to subpoena accused

The Board may summon before it any accused and may call upon him to produce any document, valuation, paper, drawing, or other writing in his possession or under his control in any way relating to or concerning the complaint or matter under investigation; and shall hear any relevant evidence and inspect any relevant documents which the complainant or the accused may desire to adduce.

5.   Appesarance of accused

The accused shall, in a case in which his conduct is complained of or appears to the Board to require or is under investigation, have the right to appear before the Board and to be heard, either in person or through his legal practitioner, and may call such evidence and produce such documents as may be relevant to the case.

6.   Non-appearance of accused

Should the accused not appear in a case in which his conduct is complained of or appears to the Board to require or is under investigation and not file an explanation thereof, the inquiry may proceed forthwith.

7.   Evidence on oath

At any inquiry held under the provisions of these Rules, all verbal evidence shall be taken on oath.

8.   Penalties

The Board may, after having duly inquired into the conduct of any accused who is found guilty of a breach of the rules of professional conduct—

      (a)   take no further action against the accused;

      (b)   caution the accused;

      (c)   suspend the registration of the accused; or

      (d)   strike out of the register the name of the accused.

 
 

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