Sri Lanka Institute Of Architects (Amendment)

Link to law: http://www.lawnet.lk/process.php?st=1996Y0V0C14A&hword=%27%27&path=2
Published: 1996

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Sri Lanka Institute of Architects (Amendment)
Sri Lanka Institute of Architects (Amendment)




AN ACT TO AMEND THE SRI LANKA INSTITUTE OF ARCHITECTS LAW, NO. 1 OF 1976








WHEREAS it has become necessary, inter alia, to make provision enabling the Sri Lanka Institute of Architects to register persons practicing architecture in Sri Lanka :



AND WHEREAS the said Institute has requested the making of the necessary amendments to the Sri lanka Institute of Architects Law to provide for the above requirement and it is expedient to effect such amendment :



NOW BE it enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as follows :



[9th July

, 1996 ]













Short title.



1. This Act may be cited as the Sri Lanka Institute of Architects (Amendment) Act, No. 14 of 1996.



Amendment of section 3 of Act No. 1 of 1976.



2. Section 3 of the Sri Lanka Institute of Architects Law, No. 1 of 1976 (hereinafter referred to as "the principal enactment") is hereby amended in paragraph (c) of that section, by the substitution for the words "members of the Institute", of the words "members of the Institute and for Architects and Architectural Licentiates who are not members of the Institute and ".



Amendment of section 4 of the principal enactment.



3. Section 4 of the principal enactment is hereby amended by the insertion immediately after paragraph (f) of that section, of the following paragraph-





"(ff) to appoint Investigating Committees and Disciplinary Committees to inquire into complaints of professional misconduct against Architects or Architectural Licentiates registered under this Law who are not members of the Institute ; ".



Insertion of new section 4A in the principal enactment.



4. The following new section is hereby inserted immediately after section 4, and shall have effect as section 4A of the principal enactment :-







"Restriction" on use of titles.



4A.





(1) Subject to the provisions of section 12, no person shall, after the expiration of one year from the coming into force of this section, take and use the title of Chartered Architect, Architect or Architectural Licentiate unless he is duty registered as a Chartered Architect, Architect or Architectural Licentiate, in accordance with the provisions of this Law.



(2) A person who is not registered under this Law as a Chartered Architect, Architect or Architectural Licentiate shall not be entitled to institute, or 'maintain, after the expiration of one year from coming into force of this section, any action in a court of law for the recovery of any fees for professional services rendered by him as a Chartered Architect, Architect or Architectural Licentiate.",



Amendment of section 6 of the principal enactment.



5. Section 6 of the principal enactment is hereby amended in subsection (4) of that section by the substitution for the words "the Schedule hereto," of the words, Schedule A hereto-".



Amendment of section 8 of the principal enactment.



6. Section 8 of the principal enactment is hereby amended as follows :-





(1) by the substitution in subsection (4) of that section, for the words "The Council shall not" of the words "Subject to the provisions of subsection (4A) the Council shall not" ;



(2) by the insertion immediately after subsection (4) on that section, of the following subsection :-





(4A)





(a) Where an allegation of professional misconduct is made against a member or an Architect or an Architectural Licentiate, who is not a member, the Council may appoint an Investigating Committee to inquire into, and report to the Council, whether a prima facie case of professional misconduct has been made out against such member, Architect or Architectural Licentiate as the case may be.



(b) Where an Investigating Committee appointed under paragraph (a) has reported to the Council that a prime facie case has not been made out against such member, Architect or Architectural Licentiate, as the case may be, the Council shall not proceed further with the complaint.



(c) Where an Investigating Committee appointed under paragraph (a) reports to the Council that a prime facie case of misconduct has been made against such member, Architect, or Architectural Licentiate, as the case may be and that-





(i) the misconduct is of a trivial nature, the Council shall, after affording such member, Architect or Architectural Licentiate, as the case may be, an opportunity of being heard and unless such member, Architect or Architectural Licentiate requests that the matter be referred to a Disciplinary Committee, reprimand him if he is a member or refer the matter to the Architects Registration Board, if he is an Architect or Architectural Licentiate ; or



(ii) the misconduct is of a grave nature, the Council shall appoint a Disciplinary Committee to inquire into, and report to, the Council on the alleged misconduct. " ;



(3) by the insertion, immediately after subsection (5) of that section, of the following subsection :-





" (5A) Where a report prepared by a Disciplinary Committee appointed by the Council relates to an Architect or Architectural Licentiate who is not a member of the Institute, the Council shall cause such report to be forwarded to the Architects Registration Board." ; and



(4) by the repeal of subsection (6) of that section and the substitution of the following subsection therefor :-





" (6)





(a) The member or Architect or Architectural Licentiate in respect of whom a Disciplinary Committee or Investigating Committee has made such a report may appeal against such report or the decision of the Council or of the Architects Registration Board, consequent upon such report, to the Court of Appeal.



(b) Every such petition shall be in writing bearing a stamp of ten rupees, setting out the matters of law relied upon and naming the Institution or the Architects Registration Board, as respondent thereto, shall be lodged with the Registrar of the Court of appeal within twenty one days of the communication of the decision of the Council or the Architects Registration Board, as the case may be, and shall be heard and determined by the Court of Appeal, after such inquiry as it may deem necessary.".



Insertion of new sections 8A, 8B, 8C, 8D, 8E, 8F, 8G, 8H, and 8J in the principal enactment.



7. The following sections are hereby inserted immediately after section 8, and shall have effect as, sections 8A, 8B, 8C, 8D, 8E, 8F, 8G, 8H and 8J respectively of the principal enactment :-







"Architects Registration Board.



8A.





(1) There shall be established a Board which shall be called the Architects Registration Board (hereinafter referred to as "the Board").



(2) The Board shall be a body corporate with perpetual succession and a common seal and may sue and be sued in its corporate name.



(3) The Board shall consist of the following members-





(a) a past President of the Institute elected at an Annual General Meeting or Special General Meeting of the Institute, who shall be the Chairman of the Board ;



(b) two members of the Institute nominated by the Council ;



(c) a Chartered Architect nominated by the Board of Investment of Sri Lanka established by the Board of Investment of Sri Lanka Law, No. 4 of 1978 ;



(d) a Chartered Architect nominated by the Urban Development Authority established by the Urban Development Authority Law, No. 41 of 1978 ;



(e) a professor of the faculty of Architecture of a university established under the Universities Act, No. 16 of 1978 and nominated by the Council ;



(f) the Chairman of the Institute of construction Training and development, established under the such Industrial Corporations Act No. 6 of 1957.



(g) three corporate members of the institute nominated by the Minister in charge of the subject of Housing from among corporate members employed in the public sectors and



(h) a representative of the Architectural Licentiates elected by the Architectural Licentiates.



(4) The Chairman and the members nominated or elected as the case may be shall hold office for a term of two years and shall be eligible for re-election or re-nomination after the expiration of at least one year after such chairman or member as the case may be has ceased to hold office on the Board.



(5) The Chairman of the Board such preside at every meeting of the Board a Which he is present in the absence of the Chairman at any meeting of the Board, are member elected by the members process shall preside at such meeting.



(6)





(a) A member of the Board shall vacate office by reason of absence from these consecutive meetings of the Board or by absence from Sri Lanka me a period exceeding six months or by resignation tendered to the Registrar or in the case of a member who has been nominated or elected to the Board by virtue of his being a member of the institute on his ceasing to be a member of the institute and in the case of a member who has been nominated to the Board by virtue of his being employed in the public sector, on his ceasing to be employed in the public sector.



(b) In the event of death of, or vacation of offence by a member of the Board, whether elected or nominated, as the case may be another person shall, in accordance with the provisions of subsection (3) be elected or nominated, as the case may be, in place of such member, and shall hold office for the unexpired part of the term of office of such member.



(c) The Board shall meet at least six times in each calendar year, so however, the interval between any two consecutive meetings shall not exceed three months.



(d) The quarum for any meeting shall be five members.



(e) The meetings of the Board shall be convened by the Registrar, on the direction of the Chairman or upon a requisition in writing made in that behalf by not less than three members.



(f) Any question which arises at any meeting of the Board shall be decided by a majority of the members present and in the case of an equality at votes, the Chairman or the member presiding at the meeting shall have a second or casting vote.



(g) No act, decision or proceeding of the Board shall be deemed to be invalid by reason only of the existence of vacancy among its members or any defect in the election or combination, as the case may be, of any member.



(7)





(a) The Council shall appoint a Registrar of the Board who shall be the Secretary to the Board.



(b) The Registrar shall keep minutes of the proceedings of meetings of the Board.



(8) Subject to the provisions herein contained, the Board may regulate its own procedure in regard to its meetings and the transaction of business at such meetings.



Functions and powers of the Board.



8B. The functions of he Board shall be to-





(a) register as Chartered Architects or Architects or Architectural Licentiates persons qualified, under this Law, to be so registered ;



(b) to suspend, cancel or restore such registration, in accordance with the provisions of this Law ;



(c) to maintain and publish, a register of Chartered Architects, Architects and Architectural Licentiates,



Register of Chartered Architects, Architects and Architectural licentiates.



8C.





(1) The Registrar shall, subject to the directions of the Board, prepare, not later than six months from the date of the first meeting of the Board, a Register of-





(a) Chartered Architects;



(b) Architects;



(c) Architectural licentiates; and



(d) Institutions whose qualifications are recognized for the purposes of registration,



substantially in the form contained in Schedule B hereto, containing the name of every person registered under this Law, as a Chartered Architect, Architect or Architectural Licentiate, as the case may be and of every institution recognized for the purposes of registration under this Law.



(2) The Board shall cause copies of the register so prepared to be published in the Gazette not later than one year after the first meeting of the Board, and annually thereafter.



(3) In any legal proceedings, whether criminal or civil,-





(a) any extract from, or a copy of a register stating whether or not the name of any person has been registered as a Chartered Architect, Architect of Architectural Licentiate, as the case may be ;



(b) a certificate issued under the hand of register, staying whether or not the name of any person has been registered as a Chartered Architect, Architect or Architectural Licentiate,



shall constitute prime facie evidence of the facts set out therein and shall be admissible as evidence without proof of signature-



Registration fees.



8D.





(1) The Council shall prescribe the application forms for registration as chartered Architects, Architects and Architectural Licentiates and the fees payable, in respect of such registration, and the renewal of such registration.



(2) Every fee prescribed under the preceding provisions shall be payable to the Honorary Treasurer of the Council All sums of money required to defray any expenditure incurred by the Board in the exercise, discharge and performance of its powers functions and duties under this Law shall, subject to approval by the Council, be paid by the Honorary Treasurer of the Council to the Board upon the submission in that be half of a requisition In writing to him by the Board.



Qualification for registration as Chartered Architects, Architects or Architectural Licentates.



8E. No person shall be registered as :-





(a) a Chartered Architect unless he is a corporate member of the Institute ; or



(b) an Architect unless-





(i) he is a non corporate registered member of the Institute ; or



(ii) he has passed the Part II Examination of the Sri Lanka Institute of Architects and possesses; practical experience for the prescribed period and has passed the professional practice examination conducted by the Council for the purposes of registration as an Architect ; or



(iii) he has obtained a Master of Science Degree in Architecture from a University established under the Universities Act, No. 16 of 1978 and recognized by the Institute for the purpose of this section, having regard to the academic standards and training in architecture provided at such University or an equivalent qualification as 'determined by the Board of Architectural Education under the Sri Lanka Institute of Architects Law, No 1 of 1976 and possesses practical experience for prescribed period has passed the professional examination 'conducted by the Council for the purposes of registration as an architect ;



(iv) he has obtained such other educational or professional qualification in architecture from an educational establishment or professional establishment or professional institute specified in the Schedule Between possess practical experience for the prescribed period and has passed the professional practice examination conducted by the Council for the purpose of registration as an Architect ;



(c) an Architectural Licentiate unless





(i) he is a graduate member of the Institute possessing practical experience for the prescribed period in an architectural capacity and has also passed the professional practice examination conducted by the Council for the purpose of registration as an Architectural Licentiate ; or



(ii) he has passed the Part I Examination of the Sri Lanka Institute of Architects and possesses practical experience for the prescribed period and has passed the professional practice examination conducted by the Council for the purposes of registration as an Architectural Licentiate ; or



(iii) he has obtained the Bachelor of Science degree in architecture from a University established under the Universities Act No 16 of 1978 and recognized for the purposes of this section by the institute having regard to the academic standards and training in Architecture provided at such University or an equivalent qualification as determined by the Board of Architectural Education established under Sri Lanka Institute of Architects Law No. 1 of 1976 and possess practical experience for the prescribed period and has passed the professional practice examination conducted by the council for the purpose of registration as an architectural Licentiate ; or



(iv) he has obtained such other educational or professional qualification, in Architecture from an education or professional establishment or professional institute, specified in schedule B hereto, and possess practical experience in an Architectural capacity for the prescribed period, and has passed the professional practice examination conducted by the council for the purpose at registration as an Architectural Licentiate ; or



(v) he has engaged in the practice of architecture in Sri Lanka or any other country for a period of not less than the prescribed period and has passed the professional practice examination conducted by the council for the purpose of registration as an Architectural Licentiate.



General Disqualifications.



8F.





(1) No person shall be entitled to be registered as a chartered Architect of Architect or an Architectural Licentiate-





(a) if he has not attained the age of twenty one years ;



(b) if he is not a citizen of Sri Lanka ;



(c) if he has been adjudged by a competent court to be of unsound mind ;



(d) if having been adjudged an insolvent or bankrupt by a competent court he has not been granted by a competent court a certificate to the effect that his insolvency or bankruptcy has arisen wholly or party from unavoidable losses or misfortune; or



(e)If he has been convicted by a competent court, whether in Sri Lanka or else where ,of any offence involving moral turpitude and punishable with imprisonment or similar punishment and has not been granted a pardon.



(2) he Board shall take a decision on any application for registration within a period of not more than one month of the receipt of such application ,and shall within one month of its decision notify the applicant of its decision and reasons therefor.



Several the name from registrar.



8G.





(1) The Board shall have power to remove the name of any person from the appropriate registrar :-





(a) if such person ceases to possess the qualification which entitled him to registration; or



(b) if such person become subject to any disqualification mentioned in subsection (1) of section 8F ; or



(c) if the registration of such person has been procured by fraud or misrepresentation ;



(d) if such person, being a member of the institute, has been dis enrolled under the provisions of subsection (2) or subsection (3) of section 8 ; or



(e) if such person, not being a member of the institute, has been found after due inquiry by an investigating committee or a disiplinary committee constituted under section 8 of this Law, guilty of professional misconduct and every has been no appeal against the report of the Investigating Committee or Disciplinary Committee.



(2) The Board may, of its own motion or upon the application in that behalf, of any person referred to in paragraph (b) or (e) restore the registration of such person or a recommendation made in that behalf by the council.



(3) Where any member has been suspended from membership under proviso to subsection (3) of section 8 of this law ; the name of such person shall be entered in the appropriate Register to be kept and maintained by the Board for the purpose indicating the period of suspension.



(4)Where the council considers it necessary in the national interest ,that the fact of such suspension should be brought to the notice of the public, it may cause to be published such fact in any national newspaper in Sinhala, Tamil and English.



Maintenance of Registers.



8H.





(1) Where any chartered Architect, Architect or an Architectural Licentiate ceases to possess the qualifications which entitled to him to registration or becomes subject to any disqualifications set out in subsection (1) of section 8F it shall be the duty of such chartered Architect, Architect or an Architectural Licentiate to notify the Registrar forthwith. The Registrar shall thereupon communicate it to the Board.



(2) Where a chartered Architect, Architect or Architectural Licentiate registered under this law charges his business or residential address it shall be the duty of that Chartered Architect, Architect or Architectural Licentiate to notify forthwith the registrar, who shall enter the new address in the appropriate registrar.



(3) There shall be removed from the appropriate register the name of every Chartered Architect, Architect or Architectural Licentiate-





(a) who is dead ;



(b) who has made a request in writing addressed to the Registrar, for such removal ;



(c) who has failed to pay the annual renewal fee within a period of not more than three months from the date on which such payment fell due :



Provided, however, the Board may In its discretion re-enter the name of such Chartered Architect, Architect or Architectural Licentiate on the appropriate register upon payment of the amount In default.



Appeals against the decisions of the Board.



8J.





(1) Any person dissatisfied with a decision of the Board refusing to register any person as a chartered Architect, Architect or Architectural Licentiate or suspending or cancelling the requisition of any person as a chartered Architect, Architect or Architectural Licentiate may appeal from that decision to the Court of Appeal.



(2) every such appeal shall be in writing shall not out the matters of Law relied on and name the Board as respondent thereto, and shall be lodged with the Registrar of the Court of Appeal, within twenty-one days of the communication of the decision of the Board.



Amendment of section 8 of the principal enactment.



8. Section 8 of the principal enactment is hereby paragraph (b) of that section by the substitution "ceylon" of the word "Sri Lanka".



Insertion of new section 11A in the principal enactment.



9. The following section is inserted immediately after section 11 and shall have effect as section 11A of the Principal enactment :-







"Board of Trustee of the Sri Lanka Institute of Architect.



11A.





(1) A Board consisting of the President, the senior Vice-President, the Honorary Secretary and Honorary Treasurer of the council, for the time being, and the immediate past President of the council is hereby established as the Board of Trustees of the Sri Lanka Institute of Architect (hereinafter referred to as "the Board of Trustees") to administer and manage the property of the Institute.



(2) The Board of Trustees shall be a body corporate with perpetual succession under the name of " the Board of Trustees of the Sri Lanka Institute of Architects", with full power to sue and be sued in that name,



(3) The Board of Trustees shall have power-





(a) to acquire, hold, take or give, on lease or hire, mortgage, pledge, sell and exchange or otherwise alienate, encumber or dispose of, any immovable or movable property, for the benefit of the Institute ;



(b) to invest the funds of the trust for the benefit of the institute, and to utilize such funds for setting up benefit schemes, welfare schemes, insurance schemes and other social services schemes for the benefit of the members, officers and servants of the institute, and their dependants ;



(c) to set up maintain libraries and an architectural archive.



(4) All property held by the Institute, on the day preceding the date on which this section comes into force, Shall with effect from the date on which this section comes into force, vest in the Board of Trustees, who shall hold such property for the benefit of the institute.



(5) from and after coming into fore of this section the institute shall cease to





(a) the powers conferred on it by paragraph (a) of section 4, in so far as those powers relate to immovable property ;



(b) the powers conferred on it by paragraph (c) of section 4, in so far as those powers relate to investment of funds ;



(6)





(a) The Board of Trustees shall cause proper books of accounts to be kept of the income and expenditure assets and liabilities and all other transactions of the Board of Trustees.



(b) The accounts of the Board of Trustees shall be audited by a qualified auditor or auditors appointed by such Board.



(c) In this subsection, "qualified auditor" means-





(i) an individual who being a member of the Institute of Chartered Accountants of Sri Lanka or of any other Institution established by law, possesses a certificate to practise as an Accountant issued by the Council of such Institute ; or



(ii) a firm of Accountants, each of the resident partners of which being a member of the Institute of Chartered Accountants of Sri Lanka or of any other Institute established by law possesses a certificate to practise as an Accountant issued by the Council of such Institute.



(7) The provisions of this section shall come into force on 25th day of September, 1996 '.



Amendment of section 12 of the principal enactment.



10. Section 12 of the principal enactment is hereby amended as follows :-





(1) by the substitution for the marginal note to that section, of the following marginal note-



(2) in subsection (2) of that section by the decision of the words "of architects";



" Restriction on use of titles and practices" ;



(3) by the insertion of the following subsection immediately after subsection (3) of that section :-





"(3) The council may permit the formation of any private company by persons who are corporate members of the Institute or Architects registered under this Law, or persons registered under this Law, or any persons registered under any Law, for the time being in force as Engineers, planners and other professional the memorandum or articles of which ensure that all the directors of such company and their successors shall be persons, registered under this Law or persons registered as Engineers, planners or other prescribed professionals to take and use the titles "Chartered Architects" or "Architects" or "Chartered Architects and Engineers" or "Architect and Engineers, as the case may be, as part of the description of such company (provided the directors of such company forward the memorandum and articles of such company and any amendments thereto, to the Institute together with a declaration made annually by all Directors of the company for the time being that they shall abide by the code of professional conduct of the Institute) and it shall be lawful for each one of the Directors and share holders of such company who are duty qualified and entitled to practice as such to append to his name the title and initials which he is entitled to take and use under the provisions of this section".



(4) by the repeal subsection (4) of that section and the substitution therefor of the following subsections :-





(4) except as provided in this section, no person, firm, body of persons, or company shall take or use the titles "Chartered Architect", "Chartered Architects", "Architect", "Architects", "Architectural Licentiate", "Architectural Licentiates or the initials " F.I.A."( Sri Lanka)" or "A.I.A.(Sri Lanka)". or any abbreviation thereof or any equivalent thereto, in any language, whether with or without any addition thereto, or use the same as the name or discription or part of the name or description of any firm, business or body of persons, or in any book, journal or other publication dealing with Architecture, design or the practice of the profession of architecture.



(5) Every Chartered Architect, Architects or Architectural Licentiate, registered under this Law, shall be entitled to take or use the title "Chartered Architect", "Architect", or Architectural Licentiate", as the case may be.



(6) A firm, each of the partners of which is a Chartered Architect or an Architect or an Architectural Licentiate, registered under this Law, shall be entitled to take and use the title "Chartered Architect", "Architect" or "Architectural Licentiate", as the case may be ;



(7) Where on or more of the partners of a firm are Chartered Architects, Architects or Architectural Licentiates, registered under this Law, the Council may permit such firm to take and use the title "Chartered Architect", "Chartered Architects", "Architect", "Architects" or

"Architectural Licentiate" or "Architectural Licentiates" as the case may be, as part of the description of such firm provided that the remaining partners are members of such other prescribed professions.



(8) Where the partners of a firm consist of one or more Architectural Licentiate as well as other persons who are non Corporate Members or Registered Members of the Institute the title "Chartered Architects" shall not be used as the description, or part of the description, of such firm :



Provided, however that it shall be lawful for each of the partners of such firm to append to his name the title and initials which he is entitled to take and use under the provisions of this section.'.



Amendment of section 14 of the principal enactment.



11. Section 14 of the principal enactment is hereby amended in subsection (2) of that section, by the substitution for the words, "One thousand rupees" of the words "ten thousand rupees".



Amendment of the Schedule to the principal enactment.



12. The Schedule to the principal enactment is hereby amended by the substitution for the words "SCHEDULE" of the words " SCHEDULE A ".



Insertion of Schedule B to the principal enactment.



13. The following new schedule is inserted immediately after Schedule A to the principal enactment and shall have effect as Schedule B to the principal enactment :-



Sinhala text to prevail the case of inconsistency.



14. In the event of any inconsistency between the Sinhala and Tamil texts of this Act. The Sinhala text shall prevail.
Schedules