As enacted

Contents

Construction Industry Development Act 2014 · As enacted · Part II · National Advisory Council on Construction

5. Constitution of the Council

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

(1)

The Council shall consist of —

(a)

the following ex-officio members, namely—

(i)

the Secretary to the Ministry of the Minister in charge of the subject of Construction who shall be the Chairman of the Council and in his absence, an officer not below the rank of an Additional Secretary of that Ministry, nominated by the Secretary;

(ii)

the Secretary to the Ministry of the Minister in charge of the subject of Urban

Development or an officer not below the rank of a Senior Assistant Secretary in charge of development work of that Ministry nominated by the Secretary;

(iii)

the Secretary to the Ministry of the Minister in charge of the subject of Highways or an officer not below the rank of a Senior Assistant

Secretary in charge of development work of that Ministry nominated by the Secretary;

(iv)

the Secretary to the Ministry of the Minister in charge of the subject of Water Supply and

Drainage or an officer not below the rank of a

Senior Assistant Secretary in charge of development work, of that Ministry nominated by the Secretary;

(v)

the Secretary to the Ministry of the Minister in charge of the subject of Irrigation or an officer not below the rank of a Senior Assistant

Secretary in charge of development work, of that Ministry nominated by the Secretary;

(vi)

the Secretary to the Ministry of the Minister in charge of the subject of Housing or an officer not below the rank of a Senior Assistant

Secretary in charge of development work, of that Ministry nominated by the Secretary;

(vii)

the Secretary to the Ministry of the Minister in charge of the subject of Vocational and

Technical Training or an officer not below the rank of a Senior Assistant Secretary in charge of development work, of that Ministry nominated by the Secretary; and

Construction Industry Development

(b)

the following fifteen members appointed by the

Minister (hereinafter referred to as “appointed members”) as follows:—

(i)

the Chairman of the Construction Industry

Development Authority established under section 8 of this Act;

(ii)

the President of the Institution of Engineers,

Sri Lanka established under the Institution of Engineers, Sri Lanka Act, No. 17 of 1968

or his representative;

(iii)

the President of the Sri Lanka Institute of

Architects established under the Sri Lanka

Institute of Architects Law, No. 1 of 1976 or his representative;

(iv)

the President of the Institute of Quantity

Surveyors, Sri Lanka established under the

Institute of Quantity Surveyors, Sri Lanka

(Incorporation) Act, No. 20 of 2007 or his representative;

(v)

the President of the Institute of Town

Planners, Sri Lanka established under the

Institute of Town Planners, Sri Lanka

(Incorporation) Act, No. 23 of 1986 or his representative;

(vi)

the President of the Association of

Consulting Engineers, Sri Lanka established under the Association of Consulting

Engineers, Sri Lanka (Incorporation) Act, No.

42 of 2003 or his representative;

(vii)

the President of the Institution of Incorporated

Engineers, Sri Lanka established under the

Institution of Incorporated Engineers,

Sri Lanka (Incorporation) Act, No. 64 of 1992

or his representative;

(viii)

two representatives from the National

Construction Association of Sri Lanka representing the Major and Minor

Contractors, respectively and who are nominated by the National Construction

Association of Sri Lanka;

(ix)

one representative from the Chamber of

Construction Industry, Sri Lanka nominated by the Chamber of Construction Industry,

Sri Lanka;

(x)

one member nominated by the Institution of

Engineers, Sri Lanka established by the

Institution of Engineers, Sri Lanka Act, No.

17 of 1968; and

(xi)

four members appointed by the Minister from among persons who have achieved eminence in the fields of construction, environmental science, labour relations and public health or occupational health.

(2)

A person shall be disqualified from being appointed or continuing as an appointed member of the Council—

(a)

if he is, or becomes a member of Parliament or any

Provincial Council or any local authority; or

(b)

if he is not, or ceases to be a citizen of Sri Lanka; or

(c)

if he is under any law in force in Sri Lanka or in any other country found or declared to suffer from unsoundness of mind; or

(d)

if he is serving or has served a sentence of imprisonment imposed by any Court in Sri Lanka or any other country; or

Construction Industry Development

(e)

if he holds or enjoys any right or benefit under any contract made by or on behalf of the Construction

Industry Development Authority; or

(f)

if he has any financial or other interest as is likely to affect prejudicially the discharge by him of his functions as a member of the Council.

(3)

Every appointed member shall unless he vacates office earlier by death, resignation or removal, hold office for a term of three years from the date of his appointment and shall unless he has been removed, be eligible for reappointment.

(4)

The Minister may, if he considers it expedient to do so, remove from office any appointed member after assigning reasons therefor.

(5)

Any appointed member may at any time resign his office by letter to that effect addressed to the Minister and sent by registered post.

(6)

In the event of vacation of office by death, resignation or removal of any appointed member, the Minister may having regard to the provisions of paragraph (b) of subsection (1) appoint any other person to succeed such member. Any member so appointed shall hold office for the unexpired term of office of the member whom he succeeds.

(7)

Where an appointed member, by reason of illness, infirmity or absence from Sri Lanka for a period of not less than three months, is temporarily unable to perform his duties, it shall be the duty of such member to inform the Minister in writing of such inability. The Minister may, on receipt of such information, having regard to the provisions of paragraph (b) of subsection (1) appoint some other person to act in his place.

(8)

No act or proceeding of the Council shall be invalid by reason only of the existence of any vacancy in the Council or any defect in the appointment of a member of the Council.

(9)

All decisions at any meeting of the Council shall be arrived at by the vote of a majority of the members present.

In the case of an equality of votes, the member presiding shall have a casting vote.

(10)

The members of the Council shall be remunerated in such manner and at such rates as may be determined by the

Minister with the concurrence of the Minister in charge of the subject of Finance.

Read on from s 6

Part III

Construction Industry Development Authority

Read on from Part III

Part IV

Construction Industry Development Fund and Fund of the Authority Fund and the Fund of the Authority

Read on from Part IV

Part V

Qualified Persons

Read on from Part V

Part VI

Read on from Part VI

Part VII

Technical Auditing

Read on from Part VII

Part VIII

Standard Documents and Human Resource Development

Read on from Part VIII

Part IX

Settlement of Disputes

Read on from Part IX

Part X

Appeals Board

Read on from Part X

Part XI

Collection, Processing and Distribution of Information in the Construction Industry

Read on from Part XI

Part XII

General

Read on from Part XII