LAND ECONOMY SURVEYORS, VALUERS ESTATE AGENTS AND AUCTIONEERS

CHAPTER 53:08
LAND ECONOMY SURVEYORS, VALUERS ESTATE AGENTS AND AUCTIONEERS

ARRANGEMENT OF SECTIONS

    SECTION

PART I
PRELIMINARY

    1.    Short title and commencement

    2.    Interpretation

PART II
RESTRICTIONS

    3.    Restriction on use of title of land economy surveyor, valuer,

        estate agent and auctioneer

PART III
BOARD OF REGISTRATION

    4.    Establishment of Board

    5.    Power of Board to make rules

PART IV
REGISTRATION

    6.    Register

    7.    Registration within six months of coming into operation of this

        Act

    8.    Qualifications for registration after six months from coming into

        operation of this Act

    9.    Suspension or stricking out

    10.    Appeals

    11.    Offences

    12.    Penalty

    13.    Regulations

CHAPTER 53:08
LAND ECONOMY SURVEYORS, VALUERS ESTATE AGENTS AND AUCTIONEERS

5 of 1989
G.N. 56/1990

    An Act to provide for the registration, regulation and Control of Land Economy Surveyors, Valuers, Estate Agents and Auctioneers and for matters incidental thereto or connected therewith

PART I
PRELIMINARY

1.    Short title

    This Act may be cited as the Land Economy Surveyors, Valuers, Estate Agents and Auctioneers Act.

2.    Interpretation

    In this Act, unless the context otherwise requires—

    “Board” means the Board of Registration of Land Economy Surveyors, Valuers, Estate Agents and Auctioneers established by section 4;

    “Chairman” means the Chairman of the Board;

    “Registered person” means a person registered under this Act;

    “Register” means the Register or, if there be more than one, a register kept by the Board under section 6.

PART II
RESTRICTIONS

3.    Restriction on use of title of land economy surveyor, valuer, estate agent or auctioneer

    (1) After the expiration of six months from the date of the coming into operation of this Act no person shall practise under any name, title or style containing the words land economy surveyor, valuer, estate agent or auctioneer or, for the purpose of gain, make any other use of such name, title or style, unless he is registered under this Act as a land economy surveyor, valuer, estate agent or auctioneer.

    (2) Any person who contravenes subsection (1) shall be guilty of an offence.

PART III
BOARD OF REGISTRATION

4.    Establishment of Board of Registration

    (1) For the purpose of this Act, there is hereby established the Board of Registration of Land Economy Surveyors, Valuers, Estate Agents and Auctioneers which shall consist of not less than five, and not more than nine, members appointed by the Minister and who shall include—

    (a)    the Chief Valuation and Estates Management Officer, who shall be a member ex officio;

    (b)    two land economy surveyors in private practice, nominated by the Surveyors Institute of Malawi;

    (c)    an estate agent eligible for registration under this Act;

    (d)    a land economy surveyor eligible for registration under this Act; and

    (e)    an auctioneer of immovable property eligible for registration under this Act.

    (2) Unless the Minister otherwise directs, the Chairman of the Board shall be the Chief Valuation and Estates Management Officer.

    (3) Members of the Board, other than a member ex officio, shall hold office for two years from the effective date of their respective appointments or for such shorter period as the Minister may specify in the instrument of appointment and shall be eligible for reappointment.

    (4) At every meeting of the Board the quorum shall be formed by a simple majority of the total membership of the Board and the Chairman shall have a casting as well as a deliberative vote.

    (5) If the Chairman is absent from a meeting the members who are present shall elect from amongst themselves a person to preside at that meeting and the person so elected shall have all the powers and duties of the Chairman for the purpose of that meeting.

    (6) The Chief Valuation and Estates Management Officer shall discharge the executive functions of the Board.

    (7) In the event of a vacancy on the Board, howsoever arising, the Minister may appoint another person to fill the vacancy for the remainder of the former member’s term of office.

    (8) The Board shall meet at least three times in each year.

    (9) Subject to the provision of this Act, the Board shall determine its own procedure.

5.    Power of Board to make rules

    The Board may, with the approval of the Minister, make rules for all or any of the following purposes—

    (a)    the definition of unprofessional conduct, the mode of inquiry into and the method of dealing with such conduct and the penalties which may be imposed upon a registered person found guilty of such conduct;

    (b)    prescribing the scale of fees to be charged by registered persons for professional advice, services rendered and work done;

    (c)    prescribing terms and conditions subject to which articled pupils may be engaged; and

    (d)    the…