LICENSED LAND SURVEYORS ACT 1958

Powers of a Licensed Land Surveyor

OCT09Q3(a) Under the Licensed Land Surveyors Act 1958 (Act 458), what are the powers of a

Licensed Land Surveyor? 8M

Section 13 LLS Acts 1958

Powers of a licensed land surveyor.

1. shall be entitled to practise his profession as a land surveyor

2. shall be authorised to undertake title surveys.

3. May enter upon all lands which he is employed to survey, any neighbouring lands and any

buildings on such lands

4. may emplace any boundary mark upon such lands

5. may dig up any ground for the purpose of emplacing such boundary mark

6. may cut down and remove any timber or other growth which may obstruct any survey line or any

boundary

7. may permitted to inspect relevant Survey Department maps and plans

8. may take copies of such information without payment of search fees

Limitation of a Licensed Land Surveyor

1. Nothing shall affect the right of the Director General of Survey to employ Government Surveyors or

Licensed Land Surveyor on any type of title survey

2. Nothing shall affect the right of person who is not being a Licensed land Surveyor to undertake

surveys other than title surveys

3. Nothing shall exempt such licensed land surveyor or his assistant from liability for any damage

occurred during the survey.

Correction of Errors

OCT09Q3(b) What is the provision laid down in the same Act above regarding correction of errors in

title survey? 8M

Section 16 LLS Acts 1958

Correction of errors.

1. The Director General of Survey may undertake field and office checks on the title survey

2. The Director General of Survey may instruct in writing notice the Licensed Land Survey to correct

the error made at his own expenses within specified time

3. The notice to correct is sent not more than 12 months after the survey plan has been deposited

4. If the Licensed Land Surveyor refused to correct such error, The Director General of Survey has to

undertake the correction departmentally and recover the whole cost of correction from him

5. If the Licensed Land Surveyor refused to refund the cost of correction within 14 days, the Director

General of Survey may report to Board for disciplinary action.

6. The Board may order the Licensed Land Surveyor to pay the cost of correction or to pay his client a

a compensation

7. If the Licensed Land Surveyor also refused to comply within 1 month, the Board may suspend him

from practice as a Licensed Land Surveyor until the cost of correction has been paid not exceeding

3 years.

Code of Professional Conduct

OCT09Q3(c) Every Licensed Land Surveyor shall observe and be guided by the "Code of Professional

Conduct" as provided in the Licensed Land Surveyors Regulations 1959. Give any four of

the provisions. 4M

Section 101 LLS Regulations 1959

Code of Professional Conduct.

1. shall uphold the dignity, standing and reputation of the profession

2. shall not improperly canvass or solicit professional employment

3. may only exhibit plates and signs at his place or places of business exhibiting his name, titles and

profession

4. may only advertise for a period not exceeding three months the commencement of practice in any

new place or formation or dissolution of a partnership

5. shall making a title survey, be remunerated by the fees payable by his client

6. shall not attempt to supplant another licensed land surveyor

7. shall not intervene in connection with survey work which has been entrusted to another licensed

land surveyor.

8. shall not take over the work of that other licensed land surveyor acting for the same client, until he

has either obtained the consent of that licensed land surveyor.

9. Shall formally notified the client that the engagement of that licensed land surveyor with the work

has been properly terminated

10. shall not accept a position in which his interest is in conflict with his professional duty

11. shall not maliciously injure the professional reputation, prospects or business of another licensed

land surveyor

12. shall not enter into professional partnership with any person other than a Professional Engineer in

Private Practice, a Registered Architect or a Licensed Land Surveyor without the concurrence of

the Board.

13. every licensed land surveyor who is an employee of a statutory body shall undertake only survey

work of that statutory body

14. shall comply promptly with any request or query made by the Board in respect of his professional

work or conduct

15. shall not have more than one branch office without a resident licensed surveyor.

16. Licensed land surveyors who at present have more than one branch office are required to take

appropriate action within six months from date of this notification in the gazette

Illegal Practice

APR07Q5(b) State three (3) conducts which can be regarded as illegal practice under the Akta

Juruukur Tanah Berlesen 1958. 10M

Section 19 LLS Acts 1958

Illegal practice

1. Any person who not being a licensed land surveyor, willfully and falsely pretends that he is a

licensed land surveyor

2. Any person who not being a licensed land surveyor or a Government surveyor, certifies to the

accuracy of any title survey or signs any survey plan

3. Any person who not being a licensed surveyor or don’t have directive from Licensed Land Surveyor

carries out any title survey work

4. This Illegal Practice shall be guilty and liable to a fine not exceeding RM500 for each offence and

RM50 further penalty for each day continuation of offence.

Bodies to take care and protect interest of Licensed land Surveyor

OCT08Q2(a) What are the few bodies and associations established to take care and protect the

interest of the land surveying profession? Elaborate their roles. 10M

1. Institute Surveyors of Malaysia (ISM)

Organisasi utama profesion ukur di mana keahlian terbuka kepada juruukur kerajaan dan swasta

2. Persatuan Jurukur Tanah (PEJUTA)

Menjaga profesionalisme Jurukur Berlesen dan meningkatkan perkhidmatan

3. Lembaga Jurukur Tanah (LJT)

Ditubuhkan di bawah LLS Acts 1958 untuk mengawalselia aktiviti ukur kadaster Jurukur Tanah

Berlesen.

Disciplinary Action by Board

OCT08Q6(a) One of the main tasks and powers of the Land Surveyors Board is to control the

professional conduct of Licensed Land Surveyors. Explain briefly the disciplinary action

that can be taken upon any Licensed Land Surveyor by the Land Surveyors Board. 5M

Section 17 of LLS Act 1958

Disciplinary powers of the Board

A Licensed Land Surveyor who has been found guilty of professional misconduct or convicted with

criminal or unfit to practice, the Board may;

1. Strike off the name of such Licensed Land Surveyor from the Register

2. Suspend such Licensed Land Surveyor from practices not exceeding 3 years

3. Impose a fine on the Licensed Land Surveyor not exceeding RM500

4. Reprimand such Licensed land Surveyor

APR07Q5(a) State whether the following cases are allowed under the provisions of the Akta Juruukur

Tanah Berlesen 1958: 10M

i) A Licensed Land Surveyor whose name has been deregistered by the Land

Surveyors Board has secured a job appointment with a housing developer to carry

out the lot subdivision survey. Not allowed

Section 19 (5) LLS Acts 1958

Any person who not being a licensed land surveyor, willfully and falsely pretends that he is a licensed

land surveyor shall be guilty and liable to a fine not exceeding RM500 for each offence and RM50 further

penalty for each day continuation of offence.

ii) A JUPEM staff that is not a Licensed Land Surveyor carries out a land alienation

survey under the directive of the Pengarah Ukur Negeri. Allowed

Section 13 (2)

Nothing in this Act shall affect the right of the Director General of Survey to employ government surveyors

whether licensed land surveyor or not, on any type of title survey whatsoever

iii) A person who is not a Licensed Land Surveyor carries out an engineering survey for

the highway construction. Allowed

Section 13 (3)

Nothing in this Act shall affect the right of any person, not being a licensed land surveyor to undertake

surveys other than title surveys.

OCT08Q2(b) JUPEM was given the responsibility to check the cadastral survey work of Licensed Land

Surveyors at sites in order to ensure the quality of work produced by them. The result of

the site check will be categorised as 'in good order, minor error or serious mistake'. State

cases which can be categorised as serious mistakes. 5M

Resurvey

APR09Q2(a) A freelance surveyor has replanted all the boundary marks which are damaged by a

housing developer company. Can the survey works done be considered as title survey

and what are the actions that can be taken against the surveyor or the housing developer

company? 6M