PART VIII
GENERAL
33.
—(1) All fees, penalties and other moneys payable under this Act shall be paid to the Board to be applied —
(a)
in the first place to defraying the expenses incurred by the Board in the administration of this Act, including the remuneration of the Registrar and other officers and employees of the Board; and
(2) The Registrar shall take and receive all moneys payable to the Board under this Act.
(3) All fees and other moneys payable to the Board under this Act shall be paid immediately into a bank account approved by the Minister.
(4) The Board may invest its moneys in accordance with the standard investment power of statutory bodies as defined in section 33A of the Interpretation Act (Cap. 1).
[2/2007]
(5) The Board shall keep full and proper accounts of all moneys received and expended by it and the accounts shall be audited by an auditor approved by the Minister.
34. Any person who —
(a)
wilfully makes or causes to be made any false entry in or falsification of any register kept and maintained under this Act;
(b)
wilfully procures or attempts to procure —
(i)
for any corporation, partnership or limited liability partnership any licence; or
(ii)
for himself or any other person a practising certificate or to be registered as a surveyor under this Act,
by making or producing or causing to be made or produced any false or fraudulent representation or declaration, either verbally or in writing, or by intentionally suppressing any material fact and furnishing information which is misleading; or
(c)
knowingly aids or assists in any of the acts mentioned in paragraph (a) or (b),
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $4,000.
35. Where a corporation, partnership, limited liability partnership or an unincorporated association of persons is guilty of an offence under this Act and that offence is proved to have been committed with the authority, consent or connivance of any director, manager, partner, secretary or other similar officer of the corporation, partnership, limited liability partnership or association or any person who was purporting to act in any such capacity, he, as well as the corporation, partnership, limited liability partnership or association, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
[2/2007]
36. No action or proceedings shall lie against the Board, an Investigation Committee or any member thereof for any act or thing done under this Act unless it is proved to the court that the act or thing was done in bad faith or with malice.
38.
—(1) The Board may, with the approval of the Minister, make rules for carrying out the purposes of this Act and for any matter which is required under this Act to be prescribed.
(2) Without prejudice to the generality of subsection (1), the Board may, with the approval of the Minister, make rules —
(a)
prescribing forms of applications under this Act and certificates of registration, practising certificates and licences;
(b)
prescribing the requirements relating to continuing professional development to be satisfied under this Act;
(c)
prescribing the fees payable to the Board under this Act;
(d)
prescribing the subject-matter of examinations to be conducted by or under the direction of the Board in the case of applicants or class of applicants for registration;
(e)
prescribing the form of the register of surveyors, register of practitioners and register of licensees to be kept and the particulars to be entered therein;
(f)
prescribing a code of professional conduct and ethics;
(g)
requiring all or any of the following to take out and maintain insurance against liability for breach of professional duty in the course of supplying survey services:
(i)
any partnership consisting wholly of registered surveyors applying for a licence;
(ii)
any partnership or unlimited corporation applying for a licence;
(iii)
any registered surveyor applying for a practising certificate for the purpose of engaging in survey practice on his own account;
(iv)
any registered surveyor applying for a practising certificate who is employed or about to be employed by any person or body referred to in sub-paragraphs (i), (ii) and (iii);
(v)
any other registered surveyor applying for a practising certificate;
(h)
prescribing the terms and conditions of insurance against professional liability under this Act, including a minimum limit of indemnity; and
(3) All rules made under this section shall be presented to Parliament as soon as possible after publication in the Gazette.