Section 32: Disciplinary measures

32. Disciplinary measures (1) A Professional Conduct Committee shall, after having heard any disciplinary proceedings, forward to the Council its report and a copy of its proceedings, including any record, document or article produced, not later than one month after the completion of the proceedings. (2) The report under subsection (1) shall include— (a) a finding as to whether the charge has been proved or not, and the reasons for such finding; (b) details of any matter which, in the Professional Conduct Committee’s opinion, aggravates or alleviates the gravity of the charge; and (c) a summing up and such comments as will indicate clearly the opinion of the Professional Conduct Committee on the subject matter of the disciplinary proceedings. (3) A Professional Conduct Committee shall not, in its report, make any recommendation regarding the form of disciplinary measure. (4) (a) Where the report is in relation to a professional architect, other than a professional architect in respect of whom the Council holds a delegated power, and states that the charge has been proved, the Council may— (i) administer him a reprimand or a severe reprimand; [Issue 3] P39A – 18 Revised Laws of Mauritius (ii) suspend him from practising architecture for a period not exceeding 2 years; or (iii) deregister him from practising architecture. (b) Where the report is in relation to an authorised foreign architect and states that the charge has been proved, the Council may revoke his authorisation or take such appropriate disciplinary measure as it may determine. (c) Where the report is in relation to a professional architect in respect of whom the Council holds a delegated power, the Council shall submit its own report to the Public Service Commission, in accordance with regulation 46E of the Public Service Commission Regulations. (5) Where the punishment inflicted by the Public Service Commission on a professional architect, in respect of whom the Council holds a delegated power, is dismissal or retirement in the interest of the public service, the Council shall determine whether or not the professional architect shall be suspended or deregistered from practising architecture. (6) A decision of the Council under subsection (4) or (5) shall be communicated to the architect not later than 14 days from the date of the decision.