Section 45: Offences

45. Offences (1) (a) Any person, other than an architect, who— (i) practises architecture; (ii) takes or uses the name, description or title “Professional Architect”, “Authorised Foreign Architect”, “Consulting Architect”, “Qualified Architect” or “Architect”, or any abbreviation thereof in whatever language, either alone or in connection with any other title, name, words or letters; (iii) holds himself out or conducts himself as an architect; (iv) by any wilful act or omission, causes or induces any person to believe that he is an architect; or (v) demands, sues for or recovers in any Court any charge by way of claim, counter-claim or otherwise in relation to any architectural services he has provided as an architect, shall commit an offence. P39A – 21 [Issue 3] Professional Architects’ Council Act (b) For the purpose of this section, the performance of a single act relating to the practice of architecture may be held to be sufficient evidence of such practice. (c) Notwithstanding subsection (1) (a) (ii), nothing in this section shall prevent— (i) the use by a person of the designation “naval architect”, “marine architect” or “landscape architect”; (ii) a firm of architects from using the name or title containing the word “Architect”. (2) (a) A professional architect who practises architecture— (i) whilst being suspended from practising architecture; or (ii) whilst being deregistered from practising architecture, shall commit an offence. (b) A foreign architect who practises architecture where his authorisation to practise architecture under section 25, 26 or 27 has been revoked shall commit an offence. (3) Any person who— (a) fails to attend a Professional Conduct Committee after having been summoned; (b) refuses to take an oath or make a solemn affirmation or declaration, as the case may be, before a Professional Conduct Committee; (c) refuses, without reasonable excuse, to produce any record, document or article before the Professional Conduct Committee; (d) gives false evidence or evidence which he knows to be misleading before a Professional Conduct Committee; (e) at any sitting of a Professional Conduct Committee— (i) insults a member of the Committee; or (ii) wilfully interrupts the proceedings or commits any other contempt of the Committee; (f) fraudulently procures or attempts to procure his registration as a professional architect; (g) obstructs the proceedings of a meeting of the Council or a Professional Conduct Committee; (h) molests any member of the Council or a Professional Conduct Committee in the course of, or on account of, any investigation or proceedings under this Act; (i) in any other manner contravenes this Act; (j) contravenes any regulations made under this Act, shall commit an offence. [Issue 3] P39A – 22 Revised Laws of Mauritius (4) Any person who commits an offence under this Act shall, on conviction, where no specific penalty is provided, be liable to a fine not exceeding 50,000 rupees and to imprisonment for a term not exceeding 12 months.