Section 43: Offences

43. Offences (1) Subject to section 19 (2), any person who— (a) not being registered, or being suspended or deregistered, as a professional quantity surveyor— (i) practises quantity surveying; (ii) takes or uses the name, description or title “Professional Quantity Surveyor”, “Chartered Quantity Surveyor”, “Authorised Quantity Surveyor”, “Authorised Foreign Quantity Surveyor”, “Consulting Quantity Surveyor”, “Qualified Quantity Surveyor” or “Quantity 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 quantity surveyor; (iv) by any wilful act or omission, causes or induces any person to believe that he is a professional quantity surveyor; or (v) demands, sues for or recovers in any Court any charge by way of claim, counter-claim or otherwise in relation to any quantity surveying services he claims to have provided as a professional quantity surveyor; or (b) fraudulently procures or attempts to procure his registration as a professional quantity 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 quantity 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 quantity surveyors or foreign firm of quantity surveyors from using the name or title containing the words “Quantity 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; [Issue 5] P39B – 20 Revised Laws of Mauritius (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, shall commit an offence. (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.