Section 5: Qualifications of land surveyors

5. Qualifications of land surveyors (1) No person shall be granted a commission under section 4 unless— (a) he is a citizen of Mauritius and of age; (b) he holds— (i) the Diploma in Land Surveying of the University of Mauritius; or (ii) such other qualifications as may be prescribed; (c) (i) in the case of the holder of a Diploma in Land Surveying of the University of Mauritius who has throughout his period of study been employed by and worked under the direct supervision of a land surveyor, he has worked full-time under the direct supervision of a land surveyor for a further period of one year after obtaining his Diploma; (ii) in any other case, he has worked full-time under the direct supervision of a land surveyor for a period of not less than 2 years after he has obtained the qualifications specified in paragraph (b) (ii); and (d) (i) he provides the Minister with evidence of his knowledge of practical survey work of the kind specified in Part I of the Schedule; (ii) in the case of a person who qualifies under paragraph (b) (ii), he provides the Attorney-General with evidence of his knowledge of the enactments specified in Part II of the Schedule. (2) (a) Subject to paragraph (b), no person who has been granted a commission under section 4 shall practise as a land surveyor unless— (i) he has furnished security in accordance with subsection (3); and (ii) he holds the prescribed licence. (b) Paragraph (a) shall not apply to a Government surveyor or a land surveyor employed by a statutory corporation or a local authority. (3) Security under subsection (2)— (a) shall be— (i) of the value of 20,000 rupees or such other amount as may be prescribed; and (ii) subject to the approval of the Attorney-General; (b) may be furnished— (i) by cash deposited with the Accountant-General; (ii) by means of a policy of insurance issued by a company registered under the Insurance Act; or (iii) by means of a mortgage on immovable property; and [Issue 7] L5 – 2 (c) may be applied, where necessary, for the satisfaction of— (i) a judgment debt against the land surveyor arising out of a matter connected with the exercise by the land surveyor of the functions of his office; or (ii) any penalty incurred by the land surveyor under this Act. (4) Where a land surveyor has furnished security, otherwise than in cash, he shall cause to be produced to the Accountant-General— (a) a certificate from the Conservator of Mortgages that a mortgage under subsection 3 (b) (iii) has been inscribed; or (b) a policy of insurance issued under subsection (3) (b) (ii) and every receipt witnessing the payment of any premium payable under the policy. (5) Subject to subsection (6), where security— (a) has been furnished in accordance with subsection (3) (b) (ii); and (b) is applied for any purpose specified in subsection (3) (c), no claim shall be receivable in respect of any sum paid by the AccountantGeneral to any person. (6) Subsection (5) shall not prejudice any right of the land surveyor to recover from any person any sum paid out by the Accountant-General under subsection (3). (7) Where the Accountant-General has made any payment under subsection (3) out of the amount deposited by a land surveyor, he shall— (a) give written notice to the land surveyor; and (b) require the land surveyor to deposit a further amount as security being an amount equal to the payment made. (8) A licence prescribed for the purposes of subsection (2) (b) (ii) shall not be issued or renewed unless the l to recover from any person any sum paid out by the Accountant-General under subsection (3). (7) Where the Accountant-General has made any payment under subsection (3) out of the amount deposited by a land surveyor, he shall— (a) give written notice to the land surveyor; and (b) require the land surveyor to deposit a further amount as security being an amount equal to the payment made. (8) A licence prescribed for the purposes of subsection (2) (b) (ii) shall not be issued or renewed unless the land surveyor has complied with subsection (4).