The cost to completed the survey responsible to surveyor

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Question 5

Section 398A and subsection two of section 424 of the NLC 1965 are introduced to deal with licensed

land surveyor who failed to complete title survey within stipulated time. Explain the procedure that

can be adopted by the Director of Survey in order to enforce these provisions.

1. Notice using Form 29D

Require the Licensed land surveyor that not completed the survey to procedure any document

relating to the survey which is in his possession

2. The cost to completed the survey responsible to surveyor

Where any licensed land surveyor fails to complete any survey without any reasonable cause,

the Director of Survey and Mapping shall complete or cause to be completed the survey and

recover all the cost of completion from the surveyor

3. Fine to surveyor

Any person (surveyor) who, without reasonable excuse, fail to produce any document (land title)

under subsection (2) of section 398A shall be guilty of an offence, and liable on conviction to

fine not exceeding five thousand ringgit or imprisonment for term not exceeding six months or

to both

Discuss how Director of Survey can prosecute licensed land surveyor who failed to complete title

survey within the stipulated time

Director of Survey can prosecute by two laws regarding the conduct of title survey by a licensed land

surveyor. One The Licensed Land Surveyor Regulation 1957 which states that the title survey is to be

completed within six (6) months or any extended period as the Board may have allowed, and two under

section 398A of the National Land Code, 1965 which provides the time period for a licensed land surveyor

to complete which is to be in accordance with the period specified by the Director of Survey and if the

licensed land surveyor does not complete within time, the Director of Survey can take over the job or take

another licensed land surveyor to take over this job and the costs of the survey is to be borne by the land

surveyor. It would appear that there is a conflict on the duties of a surveyor in respect of land matters by

virtue of the above. The Licensed Land Surveyors Regulations 1959 would appear only to govern the

conduct of the surveyor whereas the National Land Code is supreme in so far as land matters are

concerned. If the provisions of the Surveyors Regulations were to be respected by the National Land Code

reference would have been made to it. In the result, the Survey Board has no jurisdiction yet to hear this

matter because the Director of Survey has not exhausted all the local remedies as provided under Section

398A of the National Land Code ie, before the Board can consider the conduct of the licensed land

surveyor having transgressed the professional standard under the Surveyors Ordinance for which the

Board draws its power and therefore this action by the Board was premature. Section 398A state that the

time frame for licensed surveyor to complete the surveyor's job shall be in accordance with the time frame

laid down by the Director of Survey. Action on the surveyor on the survey job and completion can only be

done if there is a breach of the time frame specified. As the Director of Survey has not specified any time

frame how could transgression occur. If at all, there is any transgression this should be handled first locally

i.e. at the Director of Survey's level and not straight away by the Survey Board.

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Question 5 Section 398A and subsection two of section 424 of the NLC 1965 are introduced to deal with licensed land surveyor who failed to complete title survey within stipulated time. Explain the procedure that can be adopted by the Director of Survey in order to enforce these provisions. 1. Notice using Form 29D Require the Licensed land surveyor that not completed the survey to procedure any document relating to the survey which is in his possession 2. The cost to completed the survey responsible to surveyor Where any licensed land surveyor fails to complete any survey without any reason ...
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