Section 47: Offences

47. Offences (1) Any person— (a) whose name is not in the Register, or whose appointment as a land surveyor is suspended or cancelled by the President, and who— (i) practises land surveying; P39A(1) – 21 [Issue 10] Professional Land Surveyors’ Council Act (ii) takes or uses the name, description or title “Professional Land Surveyor”, “Land Surveyor”, “Registered Land Surveyor”, “Chartered Land Surveyor”, “Authorised Land Surveyor”, “Consulting Land Surveyor” or “Qualified Land Surveyor” or any abbreviation thereof in whatever language, either alone or in connection with any other title, name, word or letter; (iii) holds himself out or conducts himself as a professional land surveyor; (iv) by any wilful act or omission, causes or induces any person to believe that he is a professional land surveyor; (v) demands, sues for or recovers in any Court any charge by way of claim, counter-claim or otherwise in relation to any land surveying services he claims to have provided as a professional land surveyor; or (b) who fraudulently procures or attempts to procure appointment as a land surveyor, shall commit an offence and shall, on conviction, be liable to a fine not exceeding 100,000 rupees and to imprisonment for a term not exceeding 2 years. (2) For the purpose of this section, the performance of a single act relating to the practice of land surveying may be held to be sufficient evidence of such practice. (3) Notwithstanding subsection (1) (a) (ii), nothing in this section shall prevent a firm of professional land surveyors from using its name or title containing the words “Land Surveyor”. (4) Any person who— (a) wilfully 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) obstructs the proceedings of a meeting of the Council or a Professional Conduct Committee; (f) 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; or (g) in any other manner contravenes this Act or regulations made under this Act, shall commit an offence. [Issue 10] P39A(1) – 22 Revised Laws of Mauritius (5) Any person who commits an offence under subsection (4) shall, on conviction, be liable to a fine not exceeding 50,000 rupees and to imprisonment for a term not exceeding 12 months. (S. 47 not in operation.)