Section 19: Registration of consultant and contractor

19. Registration of consultant and contractor (1) No person shall offer his services as a consultant or contractor unless he is registered under this Act. (2) An application for registration as a consultant or contractor shall be made in such form and manner as the Council may approve and shall be accompanied by such non-refundable processing fee as may be prescribed. (3) (a) The Council may require an applicant to attend an interview to be conducted by a panel constituted of members and such other persons as the Council may appoint. (b) The Council may reject an application where the applicant fails, without reasonable excuse, to attend an interview. (4) The Council may require an applicant to furnish such information as is necessary to determine— (a) his standard of performance and his track record; (b) his financial capability to ensure financial commitments for the works or services he will be undertaking; (c) whether he has the necessary resources to undertake construction works and services corresponding to the classes, grades, fields or areas of registration applied for, as the case may be; and (d) whether he is a fit and proper person to be registered. (5) The Council shall not grant an application for registration where— (a) the applicant is adjudged bankrupt or declared insolvent, or, in the case of a corporate body, is the subject of a winding up order; (b) any of the principals, associates or partners of a consultant or contractor is found guilty of professional misconduct by a recognised professional body and his participation is, in the opinion of the Council, material for the grant of the registration; C39 – 9 [Issue 9] Construction Industry Development Board Act (c) the applicant is convicted of an offence involving fraud or dishonesty; or (d) the applicant submits misleading or insufficient information for the purposes of his registration. (6) Where the Council grants an application under this section, it shall— (a) determine— (i) the field of specialisation of the consultant, as specified in Part I of the Second Schedule; (ii) the class of works, grade and the area of specialisation, where applicable, of the contractor, as specified in Parts II and III of the Second Schedule and the Third Schedule, respectively; or (iii) any limitation to construction works the contractor is subject to, in respect of which the registration is granted; (b) on payment of such fee as may be prescribed, issue a certificate of registration to the applicant on such other terms and conditions as it may determine; (c) assign a registration reference to every registered consultant or contractor. (7) A certificate of registration shall not— (a) be transferable; (b) entitle— (i) a consultant to undertake or implement any project which is not within the field of specialisation; (ii) a contractor to undertake or implement any construction works which is not within the class of works, grade and area of specialisation, as the case may be, in respect of which the certificate is issued. (8) (a) Where there is any change in the information provided at the time of application for registration as consultant or contractor, the registered consultant or contractor shall, as soon as practicable, notify the Council of such change. (b) The Council may, where there is any change referred to in paragraph (a), issue, on payment of such fee as may be prescribed, a new certificate of registration to the consultant or contractor, as the case may be, and on such other he certificate is issued. (8) (a) Where there is any change in the information provided at the time of application for registration as consultant or contractor, the registered consultant or contractor shall, as soon as practicable, notify the Council of such change. (b) The Council may, where there is any change referred to in paragraph (a), issue, on payment of such fee as may be prescribed, a new certificate of registration to the consultant or contractor, as the case may be, and on such other terms and conditions as it may determine. [S. 19 amended by s. 8 (b) of Act 38 of 2011 w.e.f. 2 April 2012; s. 8 of Act 27 of 2013 w.e.f. 21 December 2013; s. 6 of Act 2 of 2015 w.e.f. 26 March 2015; s. 7 of Act 31 of 2016 w.e.f. 1 March 2017.] (S. 19 came into operation on 1 August 2014.) [Issue 9] C39 – 10 Revised Laws of Mauritius