Tanzania
Architects and Quantity surveyors (Registration) Act
Chapter 269
- Published in Tanzania Government Gazette
- Commenced on 1 August 1997
- [This is the version of this document at 31 July 2002.]
- [Note: This legislation has been thoroughly revised and consolidated under the supervision of the Attorney General's Office, in compliance with the Laws Revision Act No. 7 of 1994, the Revised Laws and Annual Revision Act (Chapter 356 (R.L.)), and the Interpretation of Laws and General Clauses Act No. 30 of 1972. This version is up-to-date as at 31st July 2002.]
Part I – Preliminary provisions (ss. 1-2)
1. Short title
This Act may be cited as the Architects and Quantity Surveyors (Registration) Act.2. Interpretation
In this Act, unless the context requires otherwise—"Appeals Authority" means the Appeals Authority referred to in section 19;"architect" means any person registered as such under this Act;"Board" means the Board of Architects and Quantity Surveyors established under section 3;"foreign" in relation to firm or company means a firm or company registrable under Part XII of the Companies Ordinance whose majority shares are owned by non-citizens;"member" in relation to the Board or the Appeals Authority includes the Chairman and the Vice-Chairman;"Minister" means the Minister responsible for works;"quantity surveyor" means any person registered as such under this Act;"register" means the Register of Architects and Quantity Surveyors;"registered" means being entered in the relevant register under this Act;"registered consultant architect" means a person or firm whose name is entered in the register as a registered consultant architect;"registered consultant quantity surveyor" means person or firm whose name is entered in the register as a registered consultant quantity surveyor;"Registrar" means the Registrar appointed in accordance with the provisions of section 6.Part II – Establishment of the Board and its functions (ss. 3-6)
3. Establishment of the Board
4. Functions of the Board
Subject to the provisions of this Act and any regulations made under it, the functions of the Board shall be—5. Limitation of liability
A member of the Board shall not be personally liable for any act or default done or omitted in good faith in the course of carrying out the responsibilities and functions of or exercising the power conferred upon the Board.6. Appointment of Registrar
Part III – Registration (ss. 7-13)
7. Registers
8. Publication of registers and lists
9. Publication prima facie evidence of registration
10. Qualifications for registration
Subject to the provisions of this Act, a person or persons shall be eligible, on making an application to the Board in the prescribed manner and on payment to the Board of the prescribed fees, to be registered under this Act as an architect, quantity surveyor or as an architectural or quantity surveying firm if he satisfies the Board—11. Conditions for consultants
12. Temporary registration
13. Restriction on registration of non-citizens and foreign consulting firms
Part IV – Cancellation and suspension of registration (ss. 14-21)
14. Cancellation
15. Restoration to the register
16. Power to suspend registration, etc.
If any architect, quantity surveyor or consulting firm is convicted of an offence under this Act, or is after due inquiry by the Board found to have committed an offence due to any act or omission amounting to improper, disgraceful or negligent professional misconduct, or has breached the regulations or by-laws of the Board, or a firm having been incorporated, has secured a certificate of compliance or had secured registration of business licence which has not been issued by the licensing committee of the responsible ministry and endorsed by the Board; or has procured a current business licence without—17. Proceedings at an inquiry
18. Disobedience to summons and refusal to give evidence
Any person who, having been served with a summons or an order issued under the provisions of section 17, refuses or omits without sufficient cause to answer fully and satisfactorily to the best of his knowledge and belief all questions put to him by or with the concurrence of the Board, or refuses or omits without sufficient cause to produce any document in his possession or under his control which are specified in the order, commits an offence, and upon conviction is liable to a fine of not less than one hundred thousand shillings or to an imprisonment for a term not exceeding one year but not less than six months or to both the fine and imprisonment:Provided that, any person giving evidence before the Board shall, in respect of any evidence given by him or any document produced by him, be entitled to all privileges to which he would be entitled as a witness before the High Court.19. Appeals
20. Appeals Authority
The Appeals Authority shall consist of—21. Rules of proceedings before Appeals Authority
Part V – Restriction on practising as an architect, quantity surveyor or architectural and/or quantity surveying firm (ss. 22—27)
22. Use of description "Registered" and effect of registration
Any person or firm whose name has been entered in the register shall, so long as his or the firm's name remains in the register, be entitled to adopt and use the style and title "Registered Architect", "Registered Quantity Surveyor" or "Registered Consulting Firm" as the case may be, or such contraction of it as the Board may approve, and to offer his or the firm's services to the public for a fee or reward or by way of practice as a registered architect, a quantity surveyor or a consulting firm, as the case may be.23. Restrictions on practising as an architect, quantity surveyor or consulting firm
24. Bodies of persons operating as architects, quantity surveyors or consulting firms
25. Definition of "carrying on business" or "practising as" architect, etc.
For the purposes of this Act, a person or firm shall be deemed to be carrying on business or practising as an architect, quantity surveyor or consulting firm if for a fee, reward or other valuable consideration, he or it offers or renders services as an architect, quantity surveyor or consulting firm, as the case may be, to another person, whether those services are offered or rendered under a contract of service or a contract for services or otherwise.26. Exemption
The Minister may, upon the written recommendation of the Board, for public interest, by order published in the Gazette, exempt any person or class of persons from all or any provisions of this Part or may modify all or any of the provisions of this Part in their application to any person or body of persons.27. Proceedings for offences committed within certain period
Part VI – Activities of the Board and financial provisions (ss. 28-34)
28. Board may delegate its functions
The Board may delegate its functions under this Act to any officer or committee of the Board.29. Accounts and audit
30. Registrar's report
The Registrar shall, at the end of each financial year, prepare a report on the activities of the Board during that financial year and submit that report to the Minister.31. Funds of the Board
The funds and resources of the Board shall consist of—32. Power to invest
The Board shall have power to invest its funds in any investments which are authorized by, and subject to any conditions which are prescribed by the Trustee Investments Act, 1957 in relation to investments of funds by a trustee.33. Annual statement of accounts and Registrar's report to be laid before the National Assembly
The Minister shall cause to be laid before the National Assembly, as soon as may be practicable after he has received them—34. Minister may give directions
The Minister may, by writing under his hand, give the Board directions of a general or specific nature which are in the national interest and the Board shall comply with those directions.Part VII – Miscellaneous provisions (ss. 35-41)
35. Offences
Any person who or a firm which—36. Professional fees chargeable by architects, etc.
37. Regulations
Subject to the provisions of section 38, the Minister may make regulations generally for the better carrying out of the provisions of this Act, and those regulations may, without prejudice to the generality of the proceeding provision provide for—38. By-laws
With the consent of the Minister, the Board may make by-laws for the better carrying out of its objects and functions, and without prejudice to the generality of the proceeding provisions may make by-laws—39. Proceedings not to be invalid by reason of irregularity
No act or proceeding of the Board shall be invalid by reasons only of the number of the members not being complete at the time of any act or proceedings or of any defect in the appointment of any members or of the fact that any member was at the time in question disqualified or disentitled to by reason to act as such.40. Repeal of Act No. 35 of 1972
41. Savings
History of this document
31 July 2002 this version
Consolidation
01 August 1997
Commenced
Subsidiary legislation
Title | Numbered title |
---|---|
Architects and Quantity Surveyors By-Laws, 2000 | Government Notice 168 of 2000 |
Cited documents 0
Documents citing this one 3
Judgment 2
Legislation 1
1. | Architects and Quantity Surveyors By-Laws, 2000 |