Act No: CAP. 535
Act Title: GEOLOGISTS REGISTRATION
SUBSIDIARY LEGISLATION
Arrangement of Sections
THE GEOLOGISTS REGISTRATION REGULATIONS

ARRANGEMENT OF REGULATIONS

1.

Citation

2.

Notice of meeting of Board

3.

Improper or disgraceful conduct

4.

Initiation of inquiry

5.

Further information from complainant

6.

Notification of complainant

7.

Period of reply to complaint

8.

Administration of oath at inquiry

PART II – COMMITTEES OF THE BOARD AND CO-OPTION OF MEMBERS

9.

Appointment of subcommittees

PART III – DUTIES OF THE REGISTRAR

10.

Custody of seal

11.

Management of the secretariat

PART IV – THE REGISTRATION PROCESS

12.

Method of application

13.

Details of application

14.

Consideration of applications

15.

Board may call for further information

16.

Withholding information

17.

Decision

18.

Issue of registration certificate

19.

Replacement of certificate lost by Board

20.

Replacement of certificate lost by registered person

21.

Change of address

22.

Certificate to be returned to the Board

23.

Power to sue for the return of certificate

24.

Penalty for refusal to return certificate

25.

Endorsement of register

26.

Method of dealing with returned certificates

PART V – FEES AND OTHER FINANCIAL MATTERS

27.

Application fee for registration as a registered geologist

28.

Annual renewal fee for a registered geologist

29.

Application fee for registration as graduate geologist

30.

Annual renewal fee for a registered graduate geologist

31.

Application for temporary registration

32.

Penalty for failure to pay annual fee

33.

Fee for inspection of the register

34.

Fee for replacement of lost certificate

35.

Banking

36.

Books of account

37.

Disbursements

38.

Investments

39.

Expenses of members

40.

Expenses of employees of the Board

PART VI – GENERAL

41.

Application for reconsideration

42.

Form for application for inspection of register

43.

Taking oath of office

44.

Communication

45.

Design of common seal

46.

Documents bearing seal

47.

Authentication of documents under seal

SCHEDULES

SCHEDULE —

FORMS

THE GEOLOGISTS REGISTRATION REGULATIONS
1.
Citation

These Regulations may be cited as the Geologists Registration Regulations.

2.
Notice of meeting of Board

Except in case of an emergency, at least fourteen days’ notice shall be given for an ordinary meeting of the Board.

3.
Improper or disgraceful conduct

Subject to the provisions of sections 15, 20 and 21 of the Act, the Board may declare any general course of conduct to be improper or disgraceful conduct in a professional respect.

4.
Initiation of inquiry
(1)

An inquiry into the conduct of a registered person may be instituted by the Board upon the Board’s initiative or upon complaint addressed to the Board in writing, made by or on behalf of any person alleging improper or disgraceful professional conduct on the part of a registered person.

(2)

The Board may conduct such inquiry or may refer the inquiry to a subcommittee appointed by the Board for that purpose.

5.
Further information from complainant

The Board may require the complainant to file further particulars of any of the matters complained of and may require the complaint or any part of it to be verified by affidavit.

6.
Notification of complainant

Upon receipt of a complaint against a registered person, the Board shall notify the person complained of giving grounds of the complaint under cover of registered letter, sent to his last known address.

7.
Period of reply to complaint

The Board may call upon the person whose conduct is complained of or who is under investigation to file within fourteen days, an explanation in answer to the complaint and may require such explanation to be verified by affidavit.

8.
Administration of oath at inquiry

The Board shall have the power to administer the oath prescribed on Form 1 in the Schedule to these Regulations to all persons conducting and appearing at an inquiry before commencement of the inquiry.

PART II – COMMITTEES OF THE BOARD AND CO-OPTION OF MEMBERS
9.
Appointment of subcommittees
(1)

The Board shall have power to appoint committees to consider such matters and perform such duties as the Board may direct.

(2)

Committees appointed under this regulation shall consist of one or more members of the Board and such other persons as the Board or the committee with the approval of the Board may co-opt.

(3)

The Board may request co-opted members to give an undertaking not to divulge any information gained as a result of being members of a committee, except to the Board.

(4)

The Board may adopt, amend or otherwise deal with reports of its committees.

(5)

The Board may dissolve any committee of the Board when it deems it necessary to do so.

PART III – DUTIES OF THE REGISTRAR
10.
Custody of seal

The Registrar shall be the custodian of the common seal of the Board.

11.
Management of the secretariat

The Registrar shall be responsible for the day to day management of the secretariat of the Board.

PART IV – THE REGISTRATION PROCESS
12.
Method of application

Every application for registration under the Act shall be made in writing in the English language to the Registrar and shall be as prescribed in Form 2 of the Schedule and be accompanied by the prescribed fee.

13.
Details of application

An applicant for registration shall furnish the Board with such information and such corroborative evidence of the particulars given in his application as the Board may consider necessary for the purpose of considering the application.

14.
Consideration of applications

Every application shall so far as is practicable be brought before the Board at the next meeting after the receipt thereof and the Board may consider such application or refer it to a subcommittee.

15.
Board may call for further information

The Board may require an applicant for registration to furnish further information or evidence of eligibility for registration as it may think fit and may require the applicant to attend personally a meeting of the Board or its committee at his own expense.

16.
Withholding information

Where an applicant without good cause refuses to furnish any further information which the Board may call for or fails to attend personally a meeting of the Board after receiving due notice, the Board may refuse to consider further the application.

17.
Decision

The decision of the Board on an application for registration shall be communicated to the applicant by letter addressed to him at the postal address appearing on his application form.

18.
Issue of registration certificate

Upon the entry of a name in the register a certificate of registration which shall bear a serial number of the entry in the register in the form set out in Form 3 in the Schedule, shall be duly completed and the common seal impressed thereon, and the entry in the register shall be similarly attested, and the certificate (which shall remain the property of the Board) shall thereupon be delivered to the registered person to be collected personally or to be sent by registered mail.

19.
Replacement of certificate lost by Board

In the event of a registered certificate being lost in the mail before it is received by the registered person and such loss or destruction if proved to the satisfaction of the Board, a duplicate of such registration certificate may be supplied to the registered person without charge.

20.
Replacement of certificate lost by registered person

In the event of a registered certificate being lost or destroyed and such loss or destruction is proved to the satisfaction of the Board, a duplicate of such registration certificate may be supplied to the registered person upon payment of a fee as set out in Part V of these Regulations.

21.
Change of address

Every person whose name is entered in the register shall keep the Registrar informed of any change of address and the Registrar shall amend the register accordingly.

22.
Certificate to be returned to the Board

Upon removal of the name of a registered person from the register as per section 13 of the Act or upon suspension of a registered person as per section 15 of the Act, such person, shall forthwith deliver up his registration certificate to the Board.

23.
Power to sue for the return of certificate

Where a certificate is not returned in accordance with regulation 22 upon demand by registered letter to the last known address of the person to whom the certificate relates, the Board shall have power to take legal action for the recovery thereof.

24.
Penalty for refusal to return certificate

Any person who fails to deliver up a certificate as required by regulation 22 of these Regulations shall be guilty of an offence and liable to a fine not exceeding five thousand shillings.

25.
Endorsement of register

In the event of the suspension of a registered person or the removal of the name of a registered person from the register for any cause, the register shall be suitably endorsed by the Registrar, and the Registrar shall publish in the Gazette a notice of such suspension or removal.

26.
Method of dealing with returned certificates

Upon the return of a certificate of registration the Registrar shall—

(a)

in the case of suspension, hold the certificate until the person to whom it relates has been reinstated;

(b)

in the case of a person whose name is removed from the register for reasons other than death, cancel the certificate;

(c)

in the case of deceased person endorse the certificate with a note of the death and therefore may return the certificate to the representative of the deceased person if so required.

PART V – FEES AND OTHER FINANCIAL MATTERS
27.
Application fee for registration as a registered geologist
(1)

On application to the Board for registration as a registered Geologist subject to section 11(1) of the Act, an applicant shall pay to the Board a non-refundable fee of one thousand shillings.

(2)

Upon being accepted for registration as a registered geologist, an applicant shall pay to the Board a registration fee of two thousand shillings.

28.
Annual renewal fee for a registered geologist

After registration, a registered geologist shall pay an annual certificate renewal fee of five hundred shillings as long as his name remains in the register.

29.
Application fee for registration as graduate geologist

On application to the Board for registration as a registered graduate geologist as per section 11(2) of the Act, the applicant shall pay to the Board a non-refundable fee of five hundred shillings.

30.
Annual renewal fee for a registered graduate geologist

After registration, a registered graduate geologist shall pay an annual certificate renewal fee of one hundred and twenty-five shillings as long as his name remains in the register.

31.
Application for temporary registration

On application to the Board for registration under section 12(2) of the Act, the applicant shall pay to the Board a fee of one thousand shillings.

32.
Penalty for failure to pay annual fee

Failure to pay annual renewal fees shall render a registered person liable to suspension and removal from the register.

33.
Fee for inspection of the register

An inspection fee of five hundred shillings shall be paid for inspection of the register as per section 9 of the Act.

34.
Fee for replacement of lost certificate

On application for replacement of a certificate as per regulation 20, the applicant will pay a fee of five hundred shillings.

35.
Banking

All moneys received on account of the Board shall be received by the Registrar and shall be payable to an account in the name of the Board at such bank as the Board shall direct and no money shall be paid out except by the direction of the Board and by a cheque drawn by the Registrar and countersigned by the Chairperson or in his absence the vice-Chairperson or some other member of the Board specially appointed by the Board.

36.
Books of account

The Board shall cause to be kept proper books of account which shall be audited annually as the Board shall direct and a balance sheet shall be prepared annually.

37.
Disbursements

All disbursement from the funds of the Board shall be submitted to the Board for approval before payments are made.

38.
Investments

The Board shall cause any accumulated funds to be placed on deposit at a bank or invested from time to time in such manner as the Board may decide.

39.
Expenses of members

The Board may pay out of its fund reasonable transport and subsistence allowance to any member of the Board who may be authorized by resolution of the Board to visit any place in the course of his duties as a member of the Board.

40.
Expenses of employees of the Board

The Board may pay out of its funds reasonable allowances to its staff and members for attending meetings of the Board.

PART VI – GENERAL
41.
Application for reconsideration

The application to the Board by a person for reconsideration of suspension as per section 14 (2) of the Act shall be by a letter.

42.
Form for application for inspection of register

The application for inspection of the register as per section 9 of the Act shall be as prescribed in Form 4 in the Schedule.

43.
Taking oath of office

Upon appointment, members of the Board and ex officio members of the Board shall take the Oath of Office prescribed in Form 5 in the Schedule.

44.
Communication

All communications to the Board shall be addressed to the Registrar at the postal address of the Board.

45.
Design of common seal

The common seal of the Board as per section 3(2)(a) of the Act shall be in the form illustrated in Form 6 in the Schedule.

46.
Documents bearing seal

Any document bearing the seal of the Board and attested as per section 9 of the Schedule to the Act shall be sufficient evidence of the act of the Board.

47.
Authentication of documents under seal

Every document of the Board not required by law to be under seal shall be sufficiently authenticated by the signature of the Chairperson or vice-Chairperson and the registrar.

SCHEDULE

FORMS

Form 1

(r. 8)

GEOLOGISTS REGISTRATION BOARDOATH INQUIRY

I .............................................. do solemnly and sincerely declare/swear as follows—

that the information I am about to give to the Board concerning the inquiry before it, is true and correct to the best of my knowledge.

I make this declaration/oath conscientiously believing the same to be true and according to the Oaths and Statutory Declarations Act (Cap. 15).

Signed ......................................................

Date ..........................................................

Witness Name ..........................................

Witness signature .......................................

Date .........................................................

______________________________

Form 2

(r. 12)

THE GEOLOGISTS REGISTRATION ACT(CAP. 535)

THE GEOLOGISTS REGISTRATION BOARD

APPLICATION FOR REGISTRATION AS A GEOLOGIST/GRADUATE GEOLOGIST*

THE REGISTRARGEOLOGISTS REGISTRATION BOARDP.O. BOX 30009NAIROBI, KENYA

Surname .................................................................................................

Other Names ............................................................................................

Title (Dr., Mr., Mrs., Miss) ..........................................................................

Date of birth .............................................................................................

Nationality ...............................................................................................

Postal address ...........................................................................................

Qualifications ............................................................................................

Geological discipline ..................................................................................

Name of employer and address .....................................................................

All information to be printed in the English language.

School or University

Location

From

To

Diploma/Degree Received

Month and Year

(A separate sheet may be used if necessary)

Note.—The application must be accompanied by:

(a)

Copies of the original Degree/Diploma certificates and transcripts duly certified by a Commissioner of Oaths.

(b)

Curriculum Vitae.

(c)

Letter from a geological society.

(d)

Abstracts/contents page of publications/papers/technical reports (if any).

SPECIAL QUALIFICATIONS

..........................................................................................................................................................................................................................

MEMBERSHIP OF GEOLOGICAL INSTITUTIONS/ORGANIZATIONS

............................................................................................................................................................................................................................

Experience:

I submit below a chronological history of my practical experience including the name and address of each company and description of each position held. (A separate sheet may be used if necessary). This should be certified by one of the referees named below.

............................................................................................................................................................................................................................

References:

I append names and addresses of three Registered Geologists, to whom reference may be made regarding my experience and character.

1.

.................................................... Signature ..................................................

2.

.................................................... Signature ..................................................

3.

.................................................... Signature ..................................................

Note.— Persons named as referees must be Registered Geologists

Application Fee:

A non-refundable application fee of KSh. 1,000/500* must accompany the application. Only bankers cheques are acceptable. (*Delete where not applicable)

I hereby declare that the foregoing statements are true in every respect and that I have read and understood the Act and its regulations and understand that if registered I shall be bound thereby and by any amendments thereto as long as my name remains on the Register.

Signature of applicant .................... Date ............................

(FOR OFFICE USE ONLY)

Deposit Receipt No .................................. Date .....................................................

Board minute number ............................... Registration Number ..........................

_______________________________

Form 3

(r. 18)

THE GEOLOGISTS REGISTRATION ACT(CAP. 535)

THE GEOLOGISTS REGISTRATION BOARD

CERTIFICATE OF REGISTRATION

This is to certify that ........................................................ (full names in block letters) is registered as a geologist in accordance with the provisions of Section 11(1) of the Geologists Registration Act. In witness whereof the Common Seal of the Geologists Registration Board is hereunto affixed this ................ day of ......................... Year .......................

Registration No. ......................................................

(Seal)

........................................

.........................................

.....................................

Chairman

Member

Registrar

_______________________________

Form 4

(r. 42)

THE GEOLOGISTS REGISTRATION ACT(CAP. 535)

GEOLOGISTS REGISTRATION BOARD

APPLICATION FOR INSPECTION OF THE REGISTER

Date .................................................................

I ........................................................

of ........................... ID. No ......................

hereby apply for the inspection of the Register and documents relating to the entries therein and may obtain from the Register a copy of the Register or an extract or any such documents as authorised on payment of an inspection fee of KSh. 500.

Payment Received. Receipt No. ..............

Signature of the Registrar ...........................

Date ........................... Stamp of the Board .................................

_______________________________

Form 5

(r. 43)

THE GEOLOGISTS REGISTRATION BOARD

OATH OF OFFICE

I ........................................................................ understand that this Oath of Office covers material published in a speech, lecture, or radio or television broadcast, or in Press, or in book form. I am aware that I should not divulge any information, gained by me as a result of my appointment, to any unauthorized person, either orally or in writing without the previous official sanction in writing of the Board, to which written application should be made and two copies of proposed publication be forwarded. I understand also that I am liable to be prosecuted if I publish without official sanction any sketch, plan, model, article, note or official documents which are no longer needed for any official duties, and that these provisions apply not only during the period of my appointment but also after my appointment has ceased.

Signed ....................................................... Date ................................................

Witness Name .......................................... Witness signature .............................

Date .........................................................

_______________________________

Form 6

(r. 45)

THE GEOLOGISTS REGISTRATION ACT(CAP. 535)

THE GEOLOGISTS REGISTRATION BOARD

COMMON SEAL OF THE GEOLOGISTS REGISTRATION BOARD