Survey Act

Section 1. Interpretation Section In this Act, unless the context otherwise requires, "surveyor" means a land surveyor.

Section 10. To whom licences may be granted Section 10(1) The board may grant a licence under this Act to any person who— Section 10(1)(a) in the case of an applicant for a class A licence, is the holder of a professional qualification in land surveying which is acceptable to the board; or Section 10(1)(b) has attained the age of nineteen years, is a pupil surveyor and has passed to the satisfaction of the board the prescribed examinations; or Section 10(2) The board may refuse to grant a licence under this Act to any person— Section 10(2)(a) who has been convicted of an offence under this Act or involving dishonesty or fraud; Section 10(2)(b) whose licence has been cancelled under this Act; Section 10(2)(c) who, by reason of professional misconduct, has been disqualified, whether in Uganda or elsewhere, from practice as a land surveyor; or Section 10(2)(d) who is not ordinarily resident in Uganda.

Section 11. Board to keep a register Section 11(1) The board shall keep a register of all licensed surveyors showing their class of licence. Section 11(2) A certified copy of any entry in the register made by the commissioner or any officer of his or her department shall be prima facie evidence in any court of the fact that a person is licensed and of the class of his or her licence. Section 11(3) A letter signed by the commissioner or his or her deputy stating that a person is not a licensed surveyor shall be prima facie evidence in any court of that fact. Section 11(4) The board shall publish a copy of the register annually in the Gazette .

Section 12. Disciplinary inquiry by the board Section 12(1) The board may inquire into any case in which it is alleged that a licensed surveyor has— Section 12(1)(a) intentionally or through negligence, carelessness or incompetence made an incorrect survey or delivered an incorrect diagram or plan of any land or a diagram or plan which does not conform to the requirements of any rules made under this Act or to any lawful directions given to the licensed surveyor by the commissioner; Section 12(1)(b) made an untrue report or memorandum of any survey; Section 12(1)(c) been convicted of any offence involving fraud or dishonesty or the contravention of any of the provisions of this Act or any rules made under it; or Section 12(1)(d) been guilty of such improper conduct as to render him or her unfit to practise as a surveyor. Section 12(2) A meeting of the board for the purpose of holding an inquiry under this section shall be convened by the chairperson whenever any allegation of any misconduct referred to in subsection (1) against a licensed surveyor comes to his or her notice; except that the chairperson may, in his or her discretion, require any such allegation to be supported by an...

Section 13. Witnesses at an inquiry Section issue a summons under his or her hand directing the person named in the summons to attend at the time and place mentioned in the summons to give evidence or to produce any documents specified in it; and

Section 14. Offences by witnesses Section 14(1) Every person who, having been served with a summons to attend and give evidence or to produce any book, plan or document— Section 14(1)(a) fails without sufficient cause to obey the summons; Section 14(1)(b) refuses without sufficient cause to answer fully and to the best of his or her knowledge and belief all questions put to him or her by or with the concurrence of the board; or Section 14(1)(c) wilfully interrupts the proceedings of the board or insults any member of the board, commits an offence and is liable on conviction to a fine not exceeding one thousand shillings or to imprisonment for a period not exceeding three months or to both such fine and imprisonment. Section 14(2) Nothing in subsection (1) shall be construed to compel any person to answer any question if by so doing he or she will incriminate himself or herself, and every such person shall, in respect of any evidence given by him or her before the board, be entitled to all the privileges to which a witness giving evidence before the High Court is entitled.

Section 15. Recording of proceedings before the board, service of its orders and surrendering of licences Section 15(1) The evidence given before, and the findings and decision of, the board at any inquiry under this Act shall be recorded in writing, and when so recorded shall be conclusive evidence of the matters contained in the writing and of the decision of the board. Section 15(2) A copy of any order of suspension or cancellation of a licence shall be served on the licensed surveyor personally or by registered post addressed to him or her at his or her last known address. Section 15(3) Any person whose licence has been suspended or cancelled shall surrender the licence to the board within such time as the board may direct.

Section 16. Appeal to the High Court Section 16(1) Any person who has been reprimanded by the board or against whom an order has been made by the board for the suspension or cancellation of his or her licence may, within thirty days after the copy of the order has been served on him or her, appeal to the High Court against the reprimand, suspension or cancellation, and the decision of the High Court shall be final. Section 16(2) The Chief Justice may make rules governing appeals under this section.

Section 17. Power to apply to the board for restoration of a licence Section Any person whose licence has been suspended or cancelled under this Act may apply to the board for the restoration of the licence, and the board may in its absolute discretion and after such inquiry as it may consider desirable grant or refuse the application.

Section 18. Offences and penalties Section 18(1) Any person who— Section 18(1)(a) not being a licensed surveyor practises or professes to practise as a licensed surveyor; Section 18(1)(b) being the holder of a class B licence surveys any land without the written authority of the commissioner; Section 18(1)(c) being a licensed surveyor purports to have surveyed any land which was not surveyed in his or her presence and under his or her supervision; or Section 18(1)(d) represents himself or herself to be, or by word or act causes any person to believe that he or she is entitled to practise as, a licensed surveyor of either class when he or she is not so licensed, Section 18(2) Nothing in this section shall apply to any Government surveyor or other person in the employment of the Government who is authorised by the commissioner to undertake any land surveying work.

Section 19. Power to enter on land Section Where any survey is authorised under section 2 or 3 , any Government surveyor or duly authorised officer with his or her servants and workers may enter upon any land and make all inquiries and do or cause to be done all things necessary for effecting the survey.

Section 2. Power of the commissioner to order, control and carry out surveys Section 2(1) The commissioner of lands and surveys (hereafter referred to as the "commissioner") at any time may authorise the carrying out of any trigonometrical or topographical survey or of any other survey which, in the opinion of the commissioner, is necessary; but where any general survey is to be carried out in any area, notice of the survey specifying the local limits of the area affected shall be published in the Gazette before the survey is undertaken. Section 2(2) The commissioner and his or her officers (hereafter referred to as "Government surveyors") shall be responsible for controlling and carrying out any survey under this section.

Section 20. Publication of notice Section Where a general survey is authorised, a Government surveyor shall cause a general notice to be published stating that it is his or her intention to proceed to survey holdings in any specified area within such local limits as may be fixed under section 2 (1), on and after a day to be fixed by the notice.

Section 21. Power to issue notice to procure attendance Section A Government surveyor may cause a notice to be served on any person owning, occupying or otherwise interested in any land authorised to be surveyed and any land abutting on that land, or on any person employed on or connected with the management or cultivation of that land, requiring the person to attend personally or by agent before him or her at such place and time as is stated in the notice for the purpose of pointing out the boundaries of the land, or of rendering such aid as is necessary in setting up or repairing the boundary marks of the land, or of affording such assistance and information as are needed for the purposes of survey.

Section 22. Clearing of lines Section A Government surveyor may cause a notice to be served on any owner or occupier of any land requiring him or her to clear or cause to be cleared any boundary or other line which it is necessary to clear for the purpose of any survey by cutting down and removing any trees, bushes, fences or standing crops, doing thereby as little damage as possible, or otherwise to assist in the survey of the land.

Section 23. Compensation for injury done by clearance Section 23(1) Where any demand for compensation is made as a result of the clearance of any boundary or other line in accordance with section 22 or 29 , a Government surveyor shall, as soon as conveniently may be, inspect any trees, fences, or standing crops which are alleged to have been cut down or damaged, and, if he or she shall consider that any compensation should be paid, shall pay or tender to the owner of the trees, fences or standing crops the amount of compensation which in his or her opinion should be allowed for them; but— Section 23(1)(a) no compensation shall be payable by the Government in respect of any damage done in the tracing, uncovering or repair of any survey or boundary mark previously placed in position on any land or in respect of the clearance of boundary lines which have previously been cleared for survey purposes under the powers conferred by section 22 or 29 or otherwise; and Section 23(1)(b) no compensation shall be payable by the Government in any case where a survey is carried out in consequence of an application by any private party for the survey, but this provision shall not relieve that party...

Section 24. Power to summon a person to give information Section 24(1) A Government surveyor may also issue a notice calling upon any person who he or she has reason to believe can give any information respecting the boundaries of any land to attend before him or her personally or by agent and give that information on a date and at a place to be mentioned in the notice. Section 24(2) Every person on whom any such notice is served shall be legally bound to attend as required by the notice and to give such information as he or she is able to supply relating to the boundaries of the land mentioned in the notice.

Section 25. Government surveyor to mark out boundaries Section A Government surveyor shall after making such inquiry as he or she thinks fit determine and mark out the boundaries of the land and may, subject to all rules lawfully made for that purpose, cause boundary marks of such materials in such number and in such manner as he or she thinks fit to be erected, but the determination of any such boundary by the surveyor shall not debar any person from any legal remedy he or she would otherwise have for disputing the boundary or establishing any other boundary.

Section 26. Duty to preserve survey and boundary marks Section 26(1) The owner of any land shall maintain or cause to be maintained any survey or boundary mark lawfully erected on his or her land, or on the boundaries of the land, in good condition and repair, and shall at all times keep or cause to be kept every such mark clear of high grass and brushwood. Section 26(2) Every owner or occupier of land shall give immediate notice at the nearest administrative headquarters, or to the officer in charge of the nearest police station, if any survey or boundary mark lawfully erected on his or her land is injured, destroyed or removed.

Section 27. Power to reerect and repair survey and boundary marks Section Whenever the commissioner becomes aware that any survey or boundary mark lawfully erected has been injured, destroyed or removed, or requires repair or clearance, the commissioner may cause the mark to be reerected, repaired or cleared, and may recover any expenses incurred in respect thereof from the person bound under section 26 to preserve the mark and keep it clear.

Section 28. Duties of chiefs Section It shall be the duty of every chief to prevent the destruction, injury or alteration of any survey or boundary mark within the local limits of his or her jurisdiction and whenever he or she shall become aware that any such mark has been destroyed, injured or altered to report immediately to the nearest district commissioner such destruction, injury or alteration.

Section 29. Power to perform an order under the Act at the expense of the person disobeying Section 29(1) If any person who is ordered under the provisions of this Act to perform any act fails to perform the act within a reasonable time, the officer who gave the order may, after giving notice to that person of his or her intention so to do, cause the act to be performed. Section 29(2) The expenses incurred in that performance may be recovered by the commissioner from that person; except that where any person has been required to perform any act in relation to any survey which is being carried out by the commissioner on the application of any private party and that person is neither the applicant nor owner or occupier of the land being so surveyed, the expenses so incurred as aforesaid may be recovered only from the applicant.

Section 3. Power of the Minister to order a special survey Section 3(1) The Minister, at any time, may order a survey of a special nature, not provided for in section 2 , in respect of any part of Uganda and may appoint an officer (who shall not necessarily be the commissioner) and officers to control the survey. Section 3(2) Every such order for a survey shall be published in the Gazette and shall specify— Section 3(2)(a) the nature and purpose of the survey; Section 3(2)(b) the area of Uganda within which the survey is to be carried out; and Section 3(2)(c) the provisions of this Act which are to be applicable to the survey.

Section 30. Penalty for noncompliance with orders or notices Section Any person who being legally bound to comply with any order under this Act, or with the requisition contained in any notice served upon him or her under this Act, wilfully refuses, or without reasonable excuse neglects, to comply with it, commits an offence and is liable on conviction to a fine not exceeding one hundred shillings.

Section 31. Penalty for obstructing a survey Section Any person who wilfully obstructs or hinders or resists any Government surveyor or any worker or other person acting in aid of any such surveyor in the execution of his or her duty in or about any survey or the ascertaining and marking out of boundaries of any land under the provisions of this Act commits an offence and is liable on conviction to a fine not exceeding one hundred shillings.

Section 32. Recovery of expenses and fees Section 32(1) Any expenses due and all fees prescribed by rules made under this Act shall be deemed to be due to the Government and may be sued for and recovered by the commissioner or any Government surveyor or any officer, either of the Government or of the administration of a district, authorised by the commissioner for that purpose, in any court of competent jurisdiction or summarily as a civil debt. Section 32(2) Where the commissioner authorises an officer of the administration of a district as aforesaid, it shall be lawful for the amount due to be recovered by that officer in the name of the commissioner in a court constituted under the Magistrates Courts Act, notwithstanding any provisions to the contrary of any other law. Section 32(3) The amount of such expenses or fees due shall be notified to the registrar of titles in such manner as he or she may require and shall, until recovered, be a first charge in favour of the Government on the land in respect of which the amount due was incurred.

Section 33. Service and publication of notices, etc. Section Any notice, order, plan or other matter required by this Act, or by any rules made under this Act, to be served, posted or published may, where no particular method is provided, be served on any person by registered post or by delivery to the address where that person or his or her agent lives, or if directed to a person subject to customary law or to a group or class of such persons, shall be communicated in such manner as may be deemed proper according to custom, and in such case shall also be posted in a conspicuous position at the local administrative headquarters of the administration of a district in the area in which the lands to be surveyed are situated.

Section 34. Survey camps Section The commissioner, his or her officers, agents and servants may without the payment of compensation build and occupy camps on any uncultivated or unbuilt-on land and take from that land for the construction of camps, beacons and survey marks such materials, wood, not being timber of special value, or water as may reasonably be required for those purposes.

Section 35. Rules Section the fees to be paid in connection with any survey, the expenses of Government surveyors, the preparation of plans, the erection of boundary and survey marks or other matters provided for by this Act or any rules made under this Act, the time for paying any such fees and, in proper cases, the apportionment of the fees by the commissioner among the several persons liable for them;

Section 4. Establishment and membership of the Surveyors Licensing Board Section 4(1) There shall be established a board to be known as the Surveyors Licensing Board which shall consist of the commissioner as chairperson and not less than three other members. Section 4(2) The members shall be appointed by the Minister, and two of the members shall be licensed surveyors. Section 4(3) A member, other than the chairperson, shall hold office for a period of three years, but shall be eligible for reappointment. Section 4(4) A member, other than the chairperson, may at any time, by writing under his or her hand addressed to the chairperson, resign his or her membership on the board.

Section 5. Meetings of the board Section 5(1) The board shall meet at such times and places as may be necessary for the performance of its duties, and the chairperson may at any time convene a meeting of the board. Section 5(2) At every meeting of the board the chairperson and two members shall constitute a quorum. Section 5(3) All accounts, matters and things authorised or required to be done by the board shall be decided by resolution at a meeting of the board at which a quorum is present. Section 5(4) The chairperson shall in addition to his or her deliberative vote have a casting vote if on any question the voting is equal. Section 5(5) Subject to this section, the board shall have the power to regulate its own proceedings.

Section 6. Duties of the board Section to make arrangements for the examination of persons seeking to be licensed as surveyors in accordance with this Act;

Section 7. Employment of staff Section The board may from time to time appoint or employ on such terms and conditions as may be approved by the Minister such examiners and other officers as may be necessary for carrying out its duties.

Section 8. Acts done in good faith by the board and members Section Neither the board nor any member of the board shall be liable in damages for any act or default done or committed in good faith in the carrying out of any function or in the performance of any duty under this Act.

Section 9. Licences which the board may grant Section 9(1) Subject to this Act, the board shall, upon payment of the prescribed fee, grant licences to persons authorising those persons to undertake land surveys. Section 9(2) Licences granted under this section shall be of two categories and shall be known as class A licences and class B licences. Section 9(3) A class A licence shall authorise the licensee to act as a land surveyor in any part of Uganda. Section 9(4) A class B licence shall authorise the licensee to undertake only such land surveys as the commissioner may from time to time in writing specifically authorise. Section 9(5) A person to whom a licence is granted under this section shall hereafter be known as a licensed surveyor. Section 9(6) Nothing in this section shall be deemed to authorise the grant of a licence to any person employed in the service of the Government. Section 9(7) The commissioner may delegate the powers conferred upon him by subsection (4).