QUANTITY SURVEYORS ACT (CHAPTER 27:13)

 

CHAPTER 27:13

QUANTITY SURVEYORS ACT

Acts 2/1981, 29/1981, 31/1983 (s. 26), 8/1988 (s. 164), 9/1999 (s. 82), 22/2001 (s. 4).

ARRANGEMENT OF SECTIONS

PART I

PRELIMINARY Section

1. Short title.

PART II

QUANTITY SURVEYORSCOUNCIL OFZIMBABWE

3. Establishment of Quantity Surveyors Council of Zimbabwe.
4. Composition of Council.
5. Functions, powers and expenses of Council.
6. Tenure and conditions of office of members.
7. Appointment of members on failure to elect members.
8. Disqualification for appointment or election as a member.
9. Vacation of office.
10. Minister may require member to vacate office or suspend him.
11. Filling of vacancies on Council.
12. Meetings and decisions of Council.
13. Committees of Council.
14. Decisions of Council.
15. Funds and accounts of Council.
16. Council to report to Minister.

PART III

REGISTRAR, REGISTER AND REGISTRATION

17. Qualification for registration.
18. Registrar of Quantity Surveyors and other employees.
19. Register and Temporary Register.
20. Duties of Registrar and certificates of registration.
21. Offences in connection with Register, etc.
22. Register and certificates from Registrar to be evidence.
23. Return of certificate of registration.
24. Application for registration.
25. Temporary registration.
26. Erasure from Register.
27. Restoration to Register.
28. Appeals against refusal to register or erasure from Register.

PART IV

DISCIPLINARY AND OTHER INQUIRIES

29. Inquiries by Council.
30. Exercise of powers by Council after inquiry.
31. Exercise of disciplinary powers on conviction for offence: court to forward evidence.
32. Registered persons becoming unfit to practise.
33. Appeals to High Court.
34. Publication of result of disciplinary proceedings.
35. Improper or disgraceful conduct.

PART V

GENERAL

36. Publication of names of members.
37. Offences by unregistered or registered persons.
39. Regulatory powers.
40. Council not to be liable.
41. Recovery by Council of costs or penalty.
42. Burden of proof.

FIRST SCHEDULE: Powers of Council.

SECOND SCHEDULE: Persons Qualified for Registration.

AN ACT to establish a council for the profession of quantity surveying to be known as the Quantity Surveyors Council of Zimbabwe and to provide for its functions and powers; to provide for the registration and regulation of the practice of quantity surveyors in Zimbabwe; and to provide for matters incidental to or connected with the foregoing.

[Date of commencement: 1st November, 1981.]

PART I

PRELIMINARY

1    Short title

This Act may be cited as the Quantity Surveyors Act [Chapter 27:13].

                       2    Interpretation

In this Act—

“appointed member” means a member referred to in paragraph (a) of subsection (1) of section four;

“bill of quantity” means a document detailing all the quantities of both labour and materials required for a building or civil engineering project itemized under trades or sections in such a manner that by applying a monetary rate to each item the total cost of the project may be established thus enabling a negotiated or competitive tender to be obtained;

“certificate of registration” means a certificate issued in terms of paragraph (a) of subsection (3) of section twenty or a duplicate certificate issued in terms of subsection (4) of that section;

“certificate of temporary registration” means a certificate issued in terms of subsection (4) of section twenty-

five;

“Council” means the Quantity Surveyors Council of Zimbabwe established by section three;

“elected member” means a member referred to in paragraph (b) of subsection (1) of section four;

“fixed date” means the date fixed in terms of subsection (2) of section one as the date on which this Act shall come into operation;

“improper or disgraceful conduct” means improper conduct or disgraceful conduct or conduct which, when regard is had to the profession of quantity surveying, is improper or disgraceful, whether defined in bylaws referred to in paragraph (a) of subsection (1) of section thirty-five or not;

“Institute” means the Zimbabwe Institute of Quantity Surveyors as represented by its governing body;

“member” means member of the Council;

“Minister” means the Minister of Public Construction and National Housing or such other Minister to whom the President may, from time to time, assign the administration of this Act;

“Register” means the Register of Quantity Surveyors established in terms of subsection (1) of section nineteen;