Microsoft Word - law n ° 2011-005 Experts geometres.doc 1 law n ° 2011-005, establishing the order of the expert surveyors to Madagascar E X P O S E D E S M O T I F S this Act is intended to complement the new texts brought in by the current land reform and in land policy letter. It is the result of work carried out under the National Land Programme with the assistance of a team of lawyers and scientists and tends to comply with national and internationally recognized standards.
During the colonial period, the profession of expert surveyor in Madagascar was regulated by the order dated December 17, 1947, replacing that of December 8, 1939, in determining the degree of expert surveyor in Madagascar and dependencies. However, according to article first of this order, "no person shall practise as an expert surveyor if he is French and holds the diploma of expert surveyor issued by the Government", and in article 2 ' old Europeans of the topographical service surveyors, surveyors sworn of the senior and commissioned them geometers of the special framework that justify at least 15 consecutive years of practice. can, under the title of surveyor commissioned, authorization to exercise the functions to expert surveyors'.
In 1960, at the advent of the independence of Madagascar, it was legitimate to adapt the text to the new situation, which has not been done. It took thirteen years to adapt to the new environment, by creating a temporary situation which has lasted for thirty-seven years.
Indeed, according to article 1 of Decree No. 73-177 June 29, 1973, regulating the profession of surveyor free sworn in Madagascar, stipulates in its first article: "pending the development of the statutes of the National order of Madagascar expert surveyors, only sworn holders a free surveyor Commission malagasy nationals are allowed to run concurrently with the topographic Service." the work of land... ».
2 currently, the sworn free surveying profession cannot stay safe changes due to the diversity of the services expected of it as a result:-important needs for the implementation of the new land policy;
-on the inevitability of the land topography component planning urban and rural;
-development of the techniques of acquisition of land topographic information (remote sensing, satellite imagery, Geomatics, etc.);
-the development of new information technologies and communication;
Also, is it appeared necessary to revise legislation relating to the conditions of exercise of the profession of sworn free surveyor, so:-to promote and develop the private sector as advocated by the Government.
-to enhance its brand image (the issue of the degree of expert surveyor);
-to better structure (national Council and regional councils);
-to expand its workforce by allowing young surveyors surveyors engineers, at least a hundred graduates the school superior Polytechnic of Antananarivo, access to the profession by facilitating transitional membership terms until the creation of the expert by the State surveyor diploma.
This Act determines the exercise and the Organization of the profession of expert surveyor.
This is the purpose of this Act.
3 law n ° 2011-005, establishing the order of the expert surveyors in Madagascar of the transitional Congress and the Superior Council of the Transition have adopted in their respective session dated June 16, 2011 and June 21, 2011, the law whose content follows: title I of the exercise of the PROFESSION of SURVEYOR EXPERT Article 1.-it is created an order of the surveyors Experts to Madagascar grouping persons authorized to exercise the profession of surveyor Expert in the conditions laid down by this law, which is the status of such order.
Article 2 - is geometer Expert Technician, in a liberal profession who, in his own name and under his personal responsibility, performs topographic studies and land surveying operations including: boundary, definition of the limits of the goods and their consistency, the establishment of a regular plan, subdivision, property valuation, legal expertise.
Article 3 - can only carry out the work referred to in article 2, the surveyors Experts entered on the roll of the order established by this Act, in accordance with the following article.
Exceptionally, these provisions are not applicable to the surveyors sworn under the public service in the performance of the work on behalf of the State. Also as an expert in land topography, they can perform the work of expertise of land.
Article 4. - no person shall exercise the function of an expert surveyor, if it is not entered on the roll of the order. Expert surveyors registered on the roll of the order, took the oath before exercising the profession before the appellate court of the jurisdiction of his home.
Officials cannot practise privately as an expert surveyor as long as they remain in service.
4 article 5. - no person shall be registered in the roll of the order as the geometer Expert, if it does not meet the following requirements:-be national malagasy; -be holder of the diploma of engineer, surveyor or surveyor issued and/or recognized specialty by the malagasy State; -be the holder of the certificate of fitness to the Profession of surveyor Expert; -had no criminal conviction; -not have been no Collective Procedure of discharge of the liabilities; -be at twenty-one years of age; -submit all the requisite safeguards of morality.
Article 6.-engineers degree, speciality surveyor or surveyor issued and/or recognized by the malagasy State, wishing to obtain the certificate of Aptitude for the Profession of surveyor Expert referred to the previous section, will have to accomplish in Madagascar a regulatory two (2) years internship: either in a private Expert Surveyor's office, or one (1) year in a private Expert Surveyor's office and another year within the topographic Service.
In all cases, the geometer Expert private firm hosting the intern must have at least five years.
Article 7 - at the end of the two-year internship specified in the preceding article, the geometer Expert intern shall submit to the Regional Office of the order of the spring from his home a request for grant of a certificate of fitness to the Profession of surveyor Expert.
The terms of issuance of the certificate of suitability for the Profession of surveyor Expert are determined by the rules of procedure of the order.
Article 8 - CSI surveyors and surveyors Experts trainees must observe the rules laid down in this Act, as well as those contained in its implementing legislation and in the rules of procedure of the order.
They are bound to professional secrecy.
They are however unbound: − when they are brought before the disciplinary board of the order, − when they are the subject of legal proceedings; − When they are called to testify before a court.
Article 9 - the violation of the provisions of article 4 above is an illegal exercise of the profession of surveyor Expert.
Article 10 - all illegal to the profession of surveyor Expert exercise is punished with imprisonment of six (6) months to two (2) years and a fine of one hundred fifty thousand Ariary (Ar 150,000) to one million eight hundred thousand Ariary (Ar 1,800,000), or one of those penalties only.
The Council of the order may, the offences referred to in this article, the correctional Tribunal by way of a direct quote, or complaint in himself as civil party before the investigating judge, without prejudice to the right of the order to build civil party in any proceedings instituted by the public prosecutor.
Article 11. - the quality of Member of the order is incompatible with the exercise of any elective public office, the exercise of Member of firm of Institution of the Republic or 5 for local authorities or with any occupation or any act likely to undermine its independence.
The quality of Member of the order is particularly incompatible with the acceptance of any commercial or mandate with all employment remunerated by salary, even in an another expert surveyor, except in the case of missions of the State or public community or treatment.
Any advertising is forbidden except the usage rules concerning the sign of the Expert Surveyor laid down by the rules of procedure of the order.
Article 12. - the order members receive for all work entering their powers of fees whose amount is freely agreed with customers and in accordance with the scale fixed by the rules of procedure of the order.
TITLE II OF THE ORGANISATION OF THE PROFESSION OF SURVEYOR EXPERT CHAPTER OF THE NATIONAL OFFICE OF THE ORDER
Article 13 - the National Office of the order of Surveyors Experts is the bureau of the order. It is composed of the presidents of the regional councils of the order with four (4) surveyors Experts elected by the General Assembly of the order.
The President of the National Office of the order is elected among the members enrolled on the roll of the order and actually in the profession.
The procedure for the election are determined by the rules of procedure of the order.
Article 14. - the National Office of the order meets at least once a year at the request of its Chairman or at the request of the majority of the members of the Bureau.
The President of the National Office represents the order in all the acts of civil life, public authorities and jurisdictions. He may delegate all or part of its powers to one or more members of the Bureau.
It ensures respect for the laws and regulations that govern the order and the exercise of the profession of surveyor Expert. It ensures respect for discipline and the professional development of members.
Article 15. - the National Office of the order: − develop proposals to change the status of the order and the proposals of the rules of procedure;
− decision on appeal of the decisions of the Regional Office of the order on applications for entry on the roll of the order;
− maintains the principle of probity, moderation and brotherhood on which is based the order of Surveyors Experts and supervises that honor and the interest of the order make it necessary.
6. ensure the strict observance of their duties by members of the order as well as to the defence of their rights and in a way generally treats all issues concerning the exercise of the profession;
− manages the property of the order.
Article 16 - National Enforcement Office, sitting as a Board of discipline punish misconduct committed by Experts surveyors and surveyors Experts trainees. He statue and pronounced, if it takes place, one of the disciplinary measures provided for in article 17 below.
Article 17. - the disciplinary sanctions are: − the warning; − the blame; − the temporary suspension of service, which may not exceed one (1) year; − the cancellation of the internship or the roll of the order of Surveyors Experts which implies the prohibition to exercise the profession of surveyor Expert.
No disciplinary penalty may not be imposed unless the Expert Surveyor or the intern in question has been heard or duly called.
Chapter II of the REGIONAL Office of the order Article 18 - regional enforcement Office has jurisdiction over an area called regional constituency and composed of one or several Regions.
The Regional Office of the order is composed of three members.
The President is elected among the members of the Regional Office of the order.
Election procedures are determined by the rules of procedure.
The Regional Office of the order members are elected for two (2) years among surveyors in the array defined in section 25 of this Act and Experts gathered in the General Assembly. They are eligible for re-election.
Any vacancy shall be filled within three (3) months from the finding of the vacancy.
Article 19. - the President of the Regional Office of the order is elected for two (2) years. The President may delegate all or part of its functions to a member of the Bureau.
Article 20. - the Regional Office of the order: − ensures the execution of the decisions of the National Office and the regular functioning of the order in his constituency; − represents the National Office to the level of his constituency;
7. monitors the exercise of the profession of surveyor Expert in his constituency. It examines problems related thereto and may enter the National Office of the order;
− performs all the studies it requested by the National Office and submits all useful proposals.
− shall decide within two months on applications for entry on the roll of the order;
− monitors and controls the courses; − shall decide by reasoned decision on any dispute of a professional nature in respect of the principle of contradiction; − must prevent and reconcile all disputes or conflicts of professional order and there shall decide by reasoned after a contradictory statement.
Chapter III of the General Assembly Article 21 - the annual general meeting of the order, composed of the members enrolled on the roll of the order, shall meet at least once a year at the invitation of the President of the National Office.
The extraordinary general meeting shall meet at the call of the President of the National Office or at the request of two-thirds (2/3) of the members enrolled on the roll of the order. She may only review questions by the members of the Bureau and listed in the order of the day Article 22. - the annual general meeting: − validates the internal regulations; − validate the proposals to change the status of the order; − fixed the boundaries of the regional constituencies; − elects the members of the National Office; − approves the budget of the order; − allow the acquisition and transfer of real property on behalf of the order.
Article 23. - the extraordinary General Assembly: − proposes changes to the Statute; − deliberate on cases not listed in the previous article.
Article 24 - the practical procedures for the conduct of the General Assembly will be determined by the rules of procedure of the order.
8 chapter IV of the roll of the order Article 25. - each Regional Office provides the table of expert surveyors. This table contains a list of all surveyors Experts in exercise in his constituency and has: − the name and surnames of the Expert Surveyor; − the address and the address for service of his cabinet; − the number and date of entry in the table.
This table is published annually in a journal of legal notices. However, the publication of the complete list will be renewed every two (2) years.
A copy of this table is shown at the headquarters of each of the regional offices of the order and the seat of the National Office of the order, on the regional property Services and Commons, closets as well as those of the civil courts. The National Office gives a unique picture of the members of the order.
Article 26. - applications for entry on the roll of the order are filed in duplicate at the office of the Regional Office of the order of the place of the address for service of the applicant with coins for the fulfilment of the conditions required by article 5 of this Act.
The Regional Office of the order decision on each application within a maximum period of two months.
Chapter V of the exercise of the PROFESSION: CABINET-resignation-holiday Article 27. - the Expert Surveyor practises throughout the national territory.
Article 28 - Expert Surveyor's office is placed under the responsibility of an Expert surveyor who ensures the respect of the principle of personal intervention.
Article 29 - the Expert surveyor who intends to put an end to his activity, must present his resignation to the Regional Office of the order of the place of registration and deliver his business card.
It must advance outstanding records current and pending of his cabinet.
Article 30.-the Expert surveyor who has, notoriously, and nothing serious, stopped any professional activity can be struck off the roll of the order by a reasoned decision 9 of the Regional Office of the order after a formal notice remained without effect on the expiry of a period of three months, to resume its activity.
Article 31 - an Expert Surveyor's office becomes vacant as a result of the death or the radiation or the temporary suspension or resignation of the incumbent. The Regional Office notes the vacancy and appoints an Expert Member of the order surveyor to ensure the liquidation of current cases and pending.
Chapter VI provisions transitional and final Article 32.-for the initial constitution of the order of the expert surveyors, may be entered on the roll order and at their express request, for a period of one (1) year from the promulgation of this Act: 1. free sworn surveyors regulated by Decree No. 73-177 June 29, 1973, still in operation on the date of enactment of this Act;
2. the engineers of the topographic Service having exercised the function of sworn surveyor of the topographic Service;
3. engineers surveyors surveyors have made at least two (2) years of internship in Administration or a sworn free surveyor firm, has been no criminal conviction.
Article 33.-for the initial constitution of the order of the expert surveyors, may also be entered on the roll of the order and upon their specific request, from the enactment of this Act and for a period of one (1) year after specific training: 1. the surveyors and technicians performing the function of Surveyors sworn in the Survey Department;
2. the engineers and senior technicians, specialties surveyor or surveyor, holder of the diploma engineers or technicians, surveyor or surveyor issued and/or recognized by the malagasy State, specialty has been no criminal conviction.
Article 34. - in accordance with article 4 last paragraph, sworn officers of the topographical service referred to in paragraph 2 of article 32 and paragraph 1 of article 33 of this Act, may under no circumstances, exercise the profession of surveyor Expert privately as long as they remain in the service of the Administration.
Article 35. - until the implementation of the National Office of the order and of regional offices of the order, the commission of free sworn surveyor Award Committee, provided for by Decree No. 73-177 of 29 June 1973 regulating the profession of surveyor free sworn in Madagascar as well as by its Decree of application, ensures the functions of offices of the order.
Applications for registration under sections 32 and 33 are filed with decentralised land Services.
10 article 36 - the modalities of application of this Act will be specified by regulations.
Article 37 - all provisions earlier contrary to the Act are and remain repealed, including Decree No. 73-177 dated June 29, 1973, regulating the profession of surveyor free in Madagascar and the Decree n ° 91-370 dated July 9, 1991, according to surveyors free sworn the exclusivity of certain work topographic individual landowners.
Article 38. - this Act shall be published in the Official Journal of the Republic. It will be run as State law.
Antananarivo, June 21, 2011. The PRESIDENT of the Council superior of the TRANSITION RASOLOSOA Dolin. The PRESIDENT of the Congress of the TRANSITION RAHARINAIVO Andrianantoandro