Land Economy Surveyors, Valuers, Estate Agents and Auctioneers Act (Chapter 53:08)
Malawi
Land Economy Surveyors, Valuers, Estate Agents and Auctioneers Act
Chapter 53:08
- Assented to on 26 April 1989
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Commenced on 1 July 1990
- [This is the version of this document at 31 December 2014 and includes any amendments published up to 31 December 2017.]
- [Note: This version of the Act was revised and consolidated in the Fourth Revised Edition of the Laws of Malawi (L.R.O. 1/2015), by the Solicitor General and Secretary for Justice under the authority of the Revision of the Laws Act.]
This Act may be cited as the Land Economy Surveyors, Valuers, Estate Agents and Auctioneers Act. 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. 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 maintenance and improvement of the status of land economy surveyors, valuers, estate agents and auctioneers in Malawi. The Board shall keep a register in which the name of every person, immediately on his being accepted for registration by the Board, shall be registered, showing against his name such particulars as the Board shall from time to time deem necessary, and the Board shall enter in such register all changes of registration particulars. Every person who has attained the age of twenty-two years may, upon making application for registration within six months after the coming into operation of this Act and upon payment of the prescribed registration fee, be registered as a land economy surveyor, valuer, estate agent or auctioneer provided that he proves to the satisfaction of the Board that his professional and general conduct has been such as not, in the opinion of the Board, to debar him from registration and that he—(a)for the period of six months immediately preceding the coming into operation of this Act, was publicly and bona fide performing the work of a land economy surveyor, valuer, estate agent or auctioneer in Malawi; or(b)is a full member of the Surveyors Institute of Malawi. The Board shall have the power to—(a)suspend a registered person; or(b)strike out of the Register the name of a registered person, who shall have been found guilty of unprofessional conduct as defined by rules made under section 4. Any person aggrieved by any decision of the Board may appeal to the Minister, whose decision in the matter shall be final and shall not be subject to appeal to, or review or question by, any court and the Minister shall not be required to assign any reasons therefor. A person who, without the authority of the Board in that behalf, given generally or specially—(a)makes any material entry in the Register;(b)alters or changes any entry in the Register in any material particular;(c)gives false information to the Board or to any person knowing it to be force or having cause to believe that it is force with a view to securing his registration or the registration of another person, whether or not he or that other person is registered,shall be guilty of an offence. A person guilty of an offence under this Act for which no other penalty is provided shall be liable to a fine of K2,000 and to imprisonment for one year. The Minister may make regulations for carrying this Act into effect, and without prejudice to the generality of the foregoing, such regulations may provide for the payment of expenses incurred by the Board in the execution of its powers and the performance of its duties under this Act, and for the application of any revenue received by the Board.Part I – Preliminary
1. Short title
2. Interpretation
Part II – Restrictions
3. Restriction on use of title of land economy surveyor, valuer, estate agent or auctioneer
Part III – Board of Registration
4. Establishment of Board of Registration
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. Qualification for registration after six months from coming into operation of this Act
9. Suspension
Part V – Miscellaneous
10. Appeals
11. Offences
12. Penalty
13. Regulations