67. Interpretation

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

In this Act unless the context otherwise requires—

“construction work” means, operations of any of the following descriptions—

(a)

construction, alteration, repair, maintenance, extension, demolition or dismantling of buildings, or structures forming, or to form part of the land (whether permanent or not);

(b)

construction, alteration, repair, maintenance, extension, demolition or dismantling of any works forming, or to form, part of the land, including (without prejudice to the foregoing)

walls;

(c)

installation in any building or structure of fittings forming part of the land, including

(without prejudice to the foregoing) systems of heating, lighting, air-conditioning, ventilation, power supply, drainage, sanitation, water supply or fire protection or security or communication systems;

(d)

external or internal cleaning of buildings and structures, so far as carried out in the course of the construction, alteration, repair, extension or restoration;

(e)

operations which form an integral part of, or are preparatory to, or are for rendering complete, such operations as are previously described in this section, including site clearance, earthmoving, excavation, tunneling and boring, laying of foundations, erection, maintenance or dismantling of scaffolding, site restoration, landscaping and the provision of roadways and other access works;

(f)

painting or decorating the internal or external surfaces of any building or structure;

“construction contract” means an agreement with a person or entity for any of the following:—

(a)

the carrying out of construction work;

(b)

arranging for the carrying out of construction work by others, whether under sub-contract or otherwise to such person or entity, as the case may be;

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(c)

providing his own labour or labour owned by the entity or the labour of others, for carrying out of construction work;

“contractor” means any person or entity executing construction works under a construction contract;

“constructor” means any person who undertakes, whether exclusively or in conjunction with any other business to carry out any construction work on his own account or for or on behalf of another person;

“consultant” means any qualified person or entity providing consultancy services under an agreement for construction work;

“documentation” means preparation of tender and bidding documents including bills of quantities, contract documents, drawings and specifications and any document pertaining to tenders or contracts;

“externally funded projects” shall include any project funded by any donor agency or lending agency or any foreign government through the External

Resources Department of the General Treasury;

“identified construction works” means—

(a)

all buildings, structures, or any building or structure or landscape which consists of facilities and amenities for public use exceeding in value rupees ten million or such higher value as may be prescribed by the Minister, from time to time;

and

(b)

all buildings, structures or landscapes which need approval of environmental, geological and cultural heritage regulatory bodies.

Any private residential building constructed for the personal use of any private owner shall be excluded from the definition of the expression “identified construction works”;

“completed identified construction works” means any identified construction work for which a certificate of completion or taking over certificate has been issued;

“Minister” means the Minister in charge of the subject of Construction:

“property developer” means an entrepreneur who promotes any project in the construction industry, specially in the housing sector which are either physically or conceptually developed by the gain of inputs of lands, land ownership, financing, marketing or any other required expertise;

“qualified person” is a person who is competent in carrying out designing, preparation of required contract documents and supervision of any identified construction works, whose name is included in the Register of Qualified Persons;

“supervision” means to ensure that the engineering and architectural concepts and judgments incorporated in the design are properly adhered to in any construction work.

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