Part of a comprehensive analysis of the Land Surveyors Act 1991
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Key Provisions and Their Purpose under the Land Surveyors Act 1991, Part 8 GENERAL
The Land Surveyors Act 1991 (the Act) establishes a comprehensive regulatory framework for the surveying profession in Singapore. Part 8, titled GENERAL, contains critical provisions that govern the administration, enforcement, and procedural aspects of the Act. These provisions ensure the effective operation of the Board, uphold the integrity of the profession, and provide mechanisms for accountability and flexibility. Below is an authoritative analysis of the key provisions in Part 8 and their underlying purposes.
Application of Fees, Penalties, and Other Moneys
"All fees, penalties and other moneys payable under this Act, unless otherwise provided, must be paid to the Board to be applied — (a) first, 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 (b) thereafter, to providing scholarships and the promotion of learning and education in connection with the surveying profession." — Section 33(1)
Verify Section 33 in source document →
This provision mandates that all financial receipts under the Act are to be channelled to the Board. The primary purpose is to ensure that the Board is financially self-sustaining, covering its administrative costs such as staff remuneration and operational expenses. The secondary purpose is to promote the surveying profession by funding scholarships and educational initiatives. This dual allocation reflects a policy objective to maintain a well-regulated profession while fostering continuous professional development and learning.
Registrar’s Role in Receiving Moneys
Section 33(2) (not quoted verbatim here) designates the Registrar as the official recipient of all moneys payable to the Board. This centralisation of financial transactions ensures accountability and proper bookkeeping, which is essential for transparency and audit purposes.
Investment of Board Moneys
"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 1965." — Section 33(4)
Verify Section 33 in source document →
This provision empowers the Board to prudently invest surplus funds, thereby potentially increasing its financial resources. The reference to the Interpretation Act 1965 ensures that the Board’s investment activities are consistent with established statutory standards for public bodies, promoting responsible financial management.
Penalties for Wilful Falsification and Wrongful Procurement
"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 ... by making or producing or causing to be made or produced any false or fraudulent representation or declaration ...; 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 $10,000." — Section 34
This provision is a cornerstone of the Act’s enforcement regime. It criminalises deliberate falsification of official records and fraudulent attempts to obtain registration or practising certificates. The prescribed fine of up to $10,000 serves as a deterrent against misconduct, thereby protecting the integrity of the register and the profession at large. The inclusion of aiding or assisting in such acts extends liability to accomplices, reinforcing comprehensive accountability.
Offences by Bodies Corporate and Liability of Officers
"Where a corporation, partnership, limited liability partnership or an unincorporated association of persons is guilty of an offence under this Act ... he or she, 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." — Section 35
Verify Section 35 in source document →
This provision addresses corporate liability, ensuring that not only the entity but also responsible individuals within the entity can be held liable for offences committed with their authority or consent. This dual liability mechanism is crucial for preventing corporate entities from evading responsibility through their legal personality and for promoting ethical governance within organisations engaged in surveying activities.
Protection from Actions Against the Board or Investigation Committee
"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." — Section 36
Verify Section 36 in source document →
This provision grants statutory immunity to the Board and its Investigation Committee members for acts done in good faith under the Act. The rationale is to enable the Board to perform its regulatory functions without fear of vexatious litigation, while still providing a safeguard against abuse by allowing actions in cases of proven bad faith or malice. This balance protects public interest and maintains confidence in the regulatory process.
Ministerial Power to Exempt Persons or Classes
"The Minister may, by order and subject to any conditions that the Minister thinks fit, exempt any person or class of persons from all or any of the provisions of this Act." — Section 37(1)
Verify Section 37 in source document →
This provision introduces flexibility into the regulatory framework by allowing the Minister to grant exemptions. Such exemptions may be necessary to accommodate special circumstances, transitional arrangements, or policy considerations. The ability to impose conditions ensures that exemptions are not granted arbitrarily and remain aligned with the Act’s overall objectives.
Rule-Making Powers of the Board
"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." — Section 38(1)
Verify Section 38 in source document →
This provision empowers the Board to create subsidiary legislation, subject to Ministerial approval, to operationalise the Act. The scope includes prescribing forms, fees, examination procedures, registers, professional conduct standards, insurance requirements, and Investigation Committee proceedings. This delegated legislative power is essential for the Board to adapt to evolving professional needs and administrative requirements without necessitating frequent amendments to the primary legislation.
Absence of Definitions in Part 8 GENERAL
Unlike other parts of the Act, Part 8 does not contain any specific definitions. This absence indicates that the provisions in this part are procedural and administrative in nature, relying on definitions established elsewhere in the Act or in related legislation. The lack of definitions avoids redundancy and maintains clarity by centralising terminology in designated sections.
Penalties for Non-Compliance
The Act imposes significant penalties to uphold compliance and deter misconduct within the surveying profession.
"Any person who ... shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000." — Section 34
Verify Section 34 in source document →
"Where a corporation, partnership, limited liability partnership or an unincorporated association of persons is guilty of an offence under this Act ... he or she, 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." — Section 35
Verify Section 35 in source document →
These provisions ensure that both individuals and entities are held accountable for offences such as falsification of registers or wrongful procurement of registration. The prescribed fines serve as a deterrent and reinforce the seriousness with which the Act treats professional integrity and regulatory compliance.
Cross-References to Other Legislation
The Act incorporates cross-references to other statutes to ensure coherence and consistency in its application.
"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 1965." — Section 33(4)
Verify Section 33 in source document →
This cross-reference to the Interpretation Act 1965 aligns the Board’s investment powers with established statutory standards applicable to public bodies. Such integration promotes uniformity in governance and financial management across statutory entities.
Conclusion
Part 8 GENERAL of the Land Surveyors Act 1991 provides essential provisions that underpin the effective administration, enforcement, and governance of the surveying profession in Singapore. By regulating financial management, prescribing penalties, delineating liabilities, protecting regulatory bodies, and empowering rule-making, these provisions collectively ensure the profession’s integrity, accountability, and adaptability. Understanding these provisions is crucial for practitioners, regulators, and stakeholders engaged in the surveying sector.
Sections Covered in This Analysis
- Section 33(1), (2), (4) – Application of fees, receipt of moneys, and investment powers
- Section 34 – Offences relating to falsification and wrongful procurement
- Section 35 – Offences by bodies corporate and liability of officers
- Section 36 – Protection from actions against the Board and Investigation Committee
- Section 37(1) – Ministerial exemption powers
- Section 38(1) – Rule-making powers of the Board
Source Documents
For the authoritative text, consult SSO.