46.
| (1) Every charge of professional misconduct against a registered surveyor shall be reported to the Council in writing, signed by the person making the charge and if it appears to the Council that it is one into which an inquiry should be held, the Council shall fix a time and place for such inquiry. |
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| (2) The Council shall conduct an inquiry relating to any charge of professional misconduct against a registered surveyor, made under subsection(1) and the Council may where necessary, obtain the services of any person who is competent in the Held of land surveying or any other field to assist the Council in conducting such inquiry. |
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| (3) At least twenty eight days prior to the date fixed for such inquiry, notice in writing shall be sent by the Secretary to the last known postal address of such surveyor, informing him of the time and place fixed for the inquiry, and supplying him with a copy of all charges made against him. |
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| (4) At an inquiry held under this section -
| | (a) the surveyor charged shall be entitled to be heard in his defence and | | |
| | (b) the Council shall -
| | | (i) act according to equity, good conscience and the substantial merits of the case, without regard to technicalities and legal norms ; and |
| (ii) not be bound by the rules of evidence, but may inform itself on any matter in such manner as it thinks fit. |
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| (5) The decision of the Council on such inquiry shall be in writing and shall be signed by at least two members of the Council who conducted such inquiry and shall be countersigned by the Secretary. |
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| (6) The Council shall give reasons for its decision in respect of the inquiry. |
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Sri Lanka Consolidated Acts