Section 17: Penalties for unprofessional conduct, etc.

(1) Where-
(a) a registered or provisionally registered person under this Act is adjudged by the Disciplinary Committee to be guilty of infamous conduct in a professional respect; or
(b) a person registered under this Act is convicted in Nigeria or elsewhere by any court or tribunal having power to award punishment for an offence (whether or not such an offence is punishable with imprisonment) which in the opinion of the Disciplinary Committee is incompatible with the status of a surveyor; or
(c) the Disciplinary Committee is satisfied that the name of any person has been fraudulently registered,
the Disciplinary Committee may, if it thinks fit, give directions under subsection (2) of this section.
(2) The Disciplinary Committee may give a direction under subsection (1) of this section-
(a) reprimanding that person; or
(b) ordering the registrar to strike his name off the relevant part of the register; or
(c) suspending him from practice by ordering him not to engage in practice as a surveyor for such period not exceeding six months as may be specified in the direction,
and any such direction may, where appropriate, include provision requiring the refund of moneys paid or the handing over of documents or any other thing as the circumstances of the case may require.
(3) The Disciplinary Committee may, if it thinks fit, defer or further defer its decision as to the giving of a direction under subsection (1) of this section until a subsequent meeting of the Disciplinary Committee, but-
(a) no decision shall be deferred under this subsection for periods exceeding six months in the aggregate; and
(b) no person shall be a member of the Disciplinary Committee for the purpose of reaching a decision which has been deferred or further deferred unless he was present as a member of the Disciplinary Committee when the decision was deferred.
(4) For the purposes of subsection (1) of this section, a person shall not be treated as convicted as mentioned in paragraph (a) of that subsection unless the conviction stands at a time when no appeal or further appeal is pending or may (without extension of time) be brought in connection with the conviction.
(5) When the Disciplinary Committee gives a direction under subsection (1) of this section, it shall cause notice of the direction to be served on the person to whom it relates.
(6) The person to whom such a direction relates may, at any time within 28 days from the date of service on him of the direction, appeal against the direction to the Federal High Court and the Disciplinary Committee may appear as respondent to the appeal and, for the purpose of enabling directions to be given as to the costs of the appeal before the Federal High Court, the Disciplinary Committee shall be deemed to be a party thereto, whether or not it appears on the hearing of the appeal.
thereto, whether or not it appears on the hearing of the appeal.
(7) A direction of the Disciplinary Committee under subsection (1) of this section shall take effect-
(a) where no appeal under this section is brought against the direction within the time limited for the appeal, on the expiration of that time; or
(b) where such an appeal is brought and is withdrawn or struck out for want of prosecution, on the withdrawal or striking out of the appeal; or
(c) where such an appeal is brought and is not withdrawn or struck out as aforesaid, if and when the appeal is dismissed,
and not otherwise howsoever.
(8)
A person whose name is removed from the register in pursuance of a direction of the Disciplinary Committee under this section, shall not be entitled to be registered again except in pursuance of a direction in that behalf given by the Disciplinary Committee on the application of that person.
(9) A direction under this section for the removal of a person's name form the register may prohibit an application under subsection (8) of this section by that person until the expiration of such period from the date of the direction (and where he has duly made such an application, form the date of his last application) as may be specified in the direction.