INSTITUTE OF ARCHITECTS



INSTITUTE OF ARCHITECTS
A LAW TO INCORPORATE THE SRI LANKA INSTITUTE OF ARCHITECTS.
Law Nos,
1 of 1976
Act Nos,
14 of 1996
[7th January
, 1976
]
Short title.

1.This Law may be cited as the Sri Lanka Institute of Architects Law.

Incorporation of the institute.

2. From and after the 7th day of January, 1976, all persons as now are Fellows and Associates of the Ceylon Institute of Architects or shall hereafter be admitted as corporate members of the Sri Lanka Institute of Architects hereby constituted and incorporated, shall be (so long as they continue to be corporate members of the said Institute) members of and form a body corporate (hereinafter referred to as ” the Institute”), with perpetual succession and a common seal, under the name of” The Sri Lanka Institute of Architects”, and by that name the Institute shall and may sue and be sued. The Institute shall have full power and authority to have and use such seal, and alter, break and renew the same from time to time at its discretion, and shall have power to do all other acts and things incidental to or appertaining to a body corporate.

General objects of the Institute.


[2, 14 of 1996]

3. The general objects for which the institute is constituted are hereby declared to be :-

(a) to promote and advance the study, practice and application of, and research in, architecture and its kindred subjects and the arts and sciences connected therewith;

(b) to organize, supervise and control the admission and the professional education and training of persons desiring to qualify as architects, to prescribe or approve courses of study for the qualifying examinations for membership of the Institute, and to conduct or provide for the conduct of such courses and examinations:

(c) to prescribe the qualifications and disqualifications for membership of the Institute, and the standards of professional conduct for members of the Institute and for Architects and Architectural Licentiates who are not members of the Institute and to secure the maintenance thereof;

(d) to protect and promote the interests, status, welfare, rights and privileges of the profession of architects in Sri Lanka, and the interests of the public in relation to that profession, and of persons desiring to qualify as architects;

(e) to establish, regulate and maintain libraries and pension, provident fund and benefit schemes for the benefit of members, officers and servants and their dependants, and to grant assistance financial or otherwise to societies of students;

(f) to do all such acts and things as are necessary for, or incidental or conducive to, the attainment of the above objects.

Powers of the Institute.


[3, 14 of 1996]

4. The Institute shall have the 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 purposes of the Institute;

(b) to enter into and perform or carry out, whether directly or through any officer or agent authorized in that behalf by the Institute, all such contracts or agreements as may be necessary for the attainment of the objects or the exercise of the powers of the Institute .

(c) to invest its funds, and to maintain current, deposit and savings accounts in any bank or banks;

to advance or lend, and to borrow, money for the purposes of the Institute in such manner and upon such security as the Institute may think fit;

(d) to levy fees, subscriptions and contributions in respect of membership, admission to membership, and admission to courses and examinations conducted by the Institute;

(e) to prescribe the terms and conditions of, and to supervise, control and regulate the engagement, training, transfer and dismissal of persons desiring to qualify as architects;

(f) to appoint, employ, transfer, dismiss and take other disciplinary action against officers and servants and to prescribe their terms and conditions of service;

generally, to do all such acts and things as are necessary for, or incidental or conducive to,; the carrying out or the attainment of the objects of the Institute.

(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 ;

Restriction on use of titles.


[4, 14 of 1996]

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.

Council of the Institute.

5.

(1)The administration and management of the affairs of the Institute shall be vested in a Council which shall perform the functions and duties and may exercise the powers of the Institute under this Law.

(2) The Council shall consist of a president, senior vice-president, vice-president, the immediate past president, honorary secretary, honorary assistant secretary, honorary treasurer, honorary assistant treasurer, and such other number of members, not less than six and not more than eleven elected or appointed in accordance with the regulations of the Institute. The Council may by regulation provide for the election or appointment, from among the non-corporate members of the Institute, of not more than three other persons as members of the Council, to represent such non-corporate members or any class thereof, with such rights and privileges as may be prescribed.

(3) Notwithstanding anything to the contrary in the preceding provisions of this section, the first Council shall consist of the persons who were, on the 7th day of January, 1976, the members of the Council of the Ceylon Institute of Architects.

(4) No act or proceeding of the Institute or of the Council shall be or shall be deemed to be invalid by reason only of the existence of any vacancy in the Council or any defect in the election or appointment of any member of the Council.

Power to make regulations.


[5, 14 of 1996]

6.

(1)The Council may make regulations for the purpose of carrying out or giving effect to the principles and provisions of this Law, and in respect of any matter required by this Law to be prescribed or in respect of which regulations are authorized or required by this Law to be made, and may from time to time amend, add to, replace or repeal any such regulation.

(2) Without prejudice to the generality of the powers conferred by the provisions of the preceding subsection, the Council may make regulations in respect of-

(i) the term of office of the Council, eligibility for and the mode of election or appointment thereto, the resignation or vacation of office and the filling of casual vacancies, the delegation of the powers and functions of the Council and the appointment of committees and boards, the annual report of the Council, and the adoption and use of the common seal;

(ii) the rights, powers, functions and duties of the officers of the Council;

(iii) the summoning and holding of meetings of the Council, the annual general meeting, other general meetings and special general meetings of the members of the Institute, the times, places, notice and agenda of such meetings, the quorum thereof and the conduct of business thereat;

(iv) the management of the property of the Institute and the custody of its funds;

(v) the formulation of a code of professional conduct;

(vi) the procedure of disciplinary inquiries, including the form of complaints, the appointment of disciplinary committees and the provision of legal assistance thereto, the framing of charges, the furnishing of explanations in reply, the issue of notices, the rights of parties to legal representations, the rules of evidence applicable thereto, the maintenance of the record of the proceedings thereat, and the form and content of the reports of disciplinary committees.

(3) Such regulations, or the amendment, addition, replacement or repeal thereof or thereto, shall not be valid, unless approved at a general meeting of the members- of the Institute by a two-thirds majority of the corporate members present and voting, held in accordance with the provisions of the regulations for the time being in force, and shall come into operation on the date of their publication in the Gazette.

(4) Notwithstanding anything to the contrary in the preceding provisions of this section, the regulations contained in Schedule A hereto- shall be, and shall be deemed for all purposes to be, the regulations of the Institute, and may be amended, added to, replaced or repealed as if they were regulations made under and in accordance with the preceding provisions of this section.

Membership of the Institute,

7.

(1) The corporate members of the institute shall consist of Fellows and Associates:

Provided, however, that the Council may admit as non-corporate members (not having the right to vote of such classes and with such rights, privileges and obligations as may be prescribed) persons not eligible for corporate membership of the Institute.

(2) Regulations may be made in respect of the qualifications and disqualifications (in addition to those prescribed by section 8 (1.) of this Law) for membership, the mode of application for and admission to membership, the form and issue of certificates of membership, the maintenance of a register of members, the amounts and mode of payment of entrance fees, subscriptions, and contributions, and of any additional fees to be paid by practising members, the waiver and the reduction and the effect of non-payment thereof, the rights, privileges and duties of members, and the conditions of membership, including resignation and re-admission.

(3) Notwithstanding anything to the contrary in the preceding provisions of this section, all persons who were members of the Ceylon Institute of Architects immediately prior to the 7th day of January, 1976, shall be and shall be deemed for all purposes to be members of the same class or category, as the case may be, of the Institute, and shall continue so to be subject to the provisions of this Law and the regulations made here under.

Disqualification for membership and disciplinary powers and procedure.


[6, 14 of 1996]

8.

(1) No person shall be admitted as a member of the Institute—

(a) if he has been adjudged by a competent court, whether in Sri Lanka or elsewhere, to be of unsound mind;

(b) if having been adjudged an insolvent or bankrupt by a competent court, whether in Sri Lanka or elsewhere, he has not been granted by such court a certificate to the effect that his insolvency or bankruptcy has arisen wholly or partly from unavoidable losses or misfortune; or

(c) if he has been convicted by a competent court, whether in Sri Lanka or elsewhere, of any offence as shall be prescribed by regulation or of any offence, involving moral turpitude and punishable with imprisonment or similar punishment, and has not been granted a free pardon.

(2) The Council shall disenrol any member who becomes subject to any of the disqualifications specified in paragraphs (a), (b) and (c) of subsection (1) of this section:

Provided, however, that the Council may in its discretion re-admit such person if he ceases to be subject to such disqualification, or if in its opinion he has redeemed his character and is fit to practise the profession of an architect.

(3) The Council shall disenrol any member who in its opinion has been guilty of professional misconduct:

Provided, however, that the Council may, in lieu of disenrolment, reprimand such member or suspend him from membership for such period not exceeding one year as the Council may consider just and equitable in all the circumstances; and provided, further that the Council may in its discretion re-admit such person if in its opinion he has redeemed his character and is fit to practise the profession of an architect.

(4) Subject to the provisions of subsection (4A) the Council shall not disenrol, suspend from membership, or reprimand any member under the preceding provisions of this section, unless a disciplinary committee appointed by the Council has, after inquiry, made a report to the Council that such member has become subject to any of the aforesaid disqualifications or has been guilty of professional misconduct.

(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.

(5)

(a) Where a disciplinary committee appointed by the Council is of the opinion that the evidence of any person or the production by any person of any document would be relevant to or necessary for such inquiry, it shall have the power by a notice in writing to require such person to attend at such time and place as shall be specified in such notice, in order to give evidence or to produce such document.

(b) A disciplinary committee appointed by the Council shall have power to administer oaths and affirmations to all persons who are required to give evidence before such Committee, and any person who wilfully gives false evidence upon oath or affirmation shall be guilty of an offence under this Law.

(c) Any person who, having been served with a notice under paragraph (a) of this subsection, fails or refuses without reasonable cause to attend or to give evidence or to answer any question or to produce any document referred to in such notice or to be sworn or affirmed, shall be guilty of an offence under this Law :

Provided, however, that such failure or refusal to attend or to give evidence or to answer any question or to produce any document or to be sworn or affirmed, shall not be an offence where such person is under or by virtue of the provisions of any written law, including the Evidence Ordinance, required or permitted to refrain from attending or giving evidence or answering such questions or producing such document or being sworn or affirmed.

(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.

(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.

Architects Registration Board.


[7, 14 of 1996]

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) ln 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 quorum 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.


[7, 14 of 1996]

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.


[7, 14 of 1996]

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.


[7, 14 of 1996]

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 Licentiates.


[7, 14 of 1996]

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.


[7, 14 of 1996]

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) the 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.


[7, 14 of 1996]

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 disenrolled 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 disciplinary 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, Tami and English.

Maintenance of Registers.


[7, 14 of 1996]

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.


[7, 14 of 1996]

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.

Code of Professional Conduct.


[8, 14 of 1996]

9.

(a) The Council shall have power by regulation from time to time to prescribe, and to amend, add to, replace or repeal, a code of professional conduct.

(b) Pending the making of regulations under this section, for the purposes of this Law, ” professional misconduct ” means any act or omission contrary to the code of professional conduct of the Sri Lanka Institute of Architects for the time being in force.

(c) ;The Council shall by regulation prescribe a Code of Professional Conduct within a period of six months after the 7th day of January, 1976; the provisions of section 6 (3) shall not apply thereto. Such Code shall come into operation on the date of the publication in the Gazette or on such subsequent date as may be specified therein.

Officers and servants of the Institute.

10. The Council may appoint a secretary and such other officers and servants as it may deem necessary.

Financial provisions.

11.

(1) The Council shall cause to be kept proper books of account with respect to all sums of money received and expended by the Institute and the matters in respect of which such receipts and expenditure take place, and the assets and liabilities of the Institute, and all other matters necessary for showing the true state and condition of the funds of the Institute.

(2) The accounts of the Institute shall be subject to audit by a person or a firm qualified to practise as a Chartered Accountant in Sri Lanka, who shall be appointed for the purpose in each year by the Council, The provisions of section 132 of the Companies Ordinance* shall apply to such auditor or auditors as if the words ” the Institute ” were therein substituted for the words ” the company” and ” a company “, and the words ” members and officers of the Council” for the words ” directors and officers of the company “. [*Repealed and replaced by the Companies Act, No. 17 of 1982]

(3) The annual report of the Council shall include the statement of accounts for the period of twelve months ending on the 31st day of December of that year, the balance sheet as at that date and the auditor’s report thereon.

Board of Trustee of the Sri Lanka Institute of Architect.


[9, 14 of 1996]

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 servents 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 force 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.

Restriction on use of titles and practise.


[10, 14 of 1996]

12.

(1) Every corporate member of the Institute shall be entitled to take and use the title ” Chartered Architect”. A Fellow shall also be entitled to use after his name the initials ” F. I. A. (Sri Lanka)”, and an Associate the initials ” A. I. A. (Sri Lanka)”.

(2) Any firm , each of the partners of which is a corporate member of the Institute, shall be entitled to take and use the title ” Chartered Architects “.

(3) Where one or more of the partners of a firm are corporate members of the Institute, the Council may permit such firm to take and use the title ” Chartered Architect ” or ” Chartered Architects “, as the case may be, as part of the description of such firm, provided that the remaining partners are members of other professions.

(3A) 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 intials which he is entitled to take and use under the provisions of this section.

(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 intials ” 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 description 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 one 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.

Offences and penalties

13.

(1) Any person who contravenes any provision of this Law shall be guilty of an offence under this Law,

(2) Any person who is guilty of an offence under this Law shall be liable, on conviction after trial before a Magistrate, to imprisonment of either description for a term not exceeding six months or to a fine not exceeding one thousand rupees or to both such imprisonment and fine.

(3) No prosecution for any offence under this Law shall be instituted except by a member or officer of the Council authorized in writing for the purpose by the Council.

Saving of the right of the Republic and others.


[11, 14 of 1996]

14. Nothing in this Law contained shall prejudice or affect the rights of the Republic or of any body politic or corporate or of any other persons, except such as are mentioned in this Law and those claiming by, from or under them.


See Schedules ,
14 of 1996