33of2014.pdf
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PARLIAMENT OF THE DEMOCRATIC
SOCIALIST REPUBLIC OF
SRI LANKA
CONSTRUCTION INDUSTRY
DEVELOPMENT ACT, No. 33 OF 2014
[Certified on 16th October, 2014]
Printed on the Order of Government
Published as a Supplement to Part II of the Gazette of the Democratic
Socialist Republic of Sri Lanka of October 17, 2014
PRINTEDATTHE DEPARTMENTOFGOVERNMENTPRINTING,SRILANKA
TO BEPURCHASED AT THE GOVERNMENT PUBLICATIONS BUREAU, COLOMBO 5
Price : Rs. 47.00 Postage : Rs. 70.00
Construction Industry Development 1
Act, No. 33 of 2014
[Certified on 16th October, 2014]
L.D.—O. 59/2005.
ANACT TO PROVIDE FOR THE DEVELOPMENT OF THE CONSTRUCTION
INDUSTRY IN SRI LANKA; TO REGULATE, REGISTER, FORMALIZE
AND STANDARDIZE THEACTIVITIES OF THECONSTRUCTION INDUSTRY;
TOPROVIDE FOR THE ESTABLISHMENT OF THE NATIONAL ADVISORY
COUNCIL ON CONSTRUCTION; THE ESTABLISHMENT OF THE
CONSTRUCTION INDUSTRY DEVELOPMENT AUTHORITY; AND THE
ESTABLISHMENTOFTHECONSTRUCTION INDUSTRYDEVELOPMENT FUND
AND THE FUND OF THE CONSTRUCTION INDUSTRY DEVELOPMENT
AUTHORITY; TO PROVIDE MEASURES FOR THE IMPROVEMENT AND
WELLBEING OF THE INDUSTRY RELATED PROFESSIONALS,
MANUFACTURERS, SUPPLIERS, CONTRACTORS AND CRAFTSMEN;
AND FORTHE SETTLEMENTOF DISPUTES RELATED TO CONSTRUCTION
ACTIVITIES;TOENSUREPUBLICSAFETYINTHE CONSTRUCTIONINDUSTRY
OF SRI LANKA; AND FOR MATTERS CONNECTED THEREWITH OR
INCIDENTALTHERETO.
Be it enacted by the Parliament of the Democratic Socialist
Republic of Sri Lanka as follows:—
1. (1) This Act may be cited as the Construction Industry Short title, date
Development Act, No. 33 of 2014 and shall come into of operation and
application.
operation on such date (hereinafter referred to as the
“appointed date”) as the Minister may appoint by Order
published in the Gazette.
(2) This Act shall apply to all activities relating to the
construction industry within the Democratic Socialist
Republic of Sri Lanka, except otherwise provided herein.
PART I
NATIONAL POLICY ON CONSTRUCTION AND ITS IMPLEMENTATION
2. (1) The National Advisory Council on Construction National policy
established under Part II of this Act, shall formulate a National on Construction.
Policy on Construction and such policy shall comprise
2—PL 008438—3,000 (08/2014)
2 Construction Industry Development
Act, No. 33 of 2014
matters relating to the construction industry and its goals.
The National Advisory Council on Construction shall on
completion of the National Policy forward it to the Cabinet
of Ministers for approval. Such National Policy may, from
time to time, be revised in keeping with the developments
of the construction industry.
(2) In formulating the National Policy in terms of
subsection (1), emphasis shall be given to the involvement
of professionals within the construction industry, including
resource personnel in the field of traditional knowledge.
Implementation of 3. The Minister may, from time to time, for the purpose
National Policy. of implementing the National Policy on Construction
prepared in terms of section 2, give such general or special
directions as he may consider necessary to the Construction
Industry Development Authority to provide for the
promotion and implementation of the National Policy.
PART II
NATIONAL ADVISORY COUNCIL ON CONSTRUCTION
Establishment of 4. There shall be established a council which shall be
the National called the National Advisory Council on Construction
Advisory
(hereinafter referred to as the “Council”) and shall consist of
Council on
Construction. the members as specified in section 5.
Constitution of 5. (1) The Council shall consist of —
the Council.
(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;
Construction Industry Development 3
Act, No. 33 of 2014
(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
4 Construction Industry Development
Act, No. 33 of 2014
(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;
Construction Industry Development 5
Act, No. 33 of 2014
(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
6 Construction Industry Development
Act, No. 33 of 2014
(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.
Construction Industry Development 7
Act, No. 33 of 2014
(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.
6. The objects of the Council shall be to— Objectives of the
Council.
(a) formulate and amend the national policy on
construction and its implementation mechanism;
(b) make representations to the Minister on any need
for the development of the construction industry;
(c) advise the Minister and make recommendations on
any regulation to be made under this Act;
(d) advise and make recommendations to the Authority
on strategic issues, policies and legislative
proposals that may affect or which is incidental or
connected with the construction industry; and
(e) propose measures to the Authority which are
necessary for the development and sustenance of
the construction industry.
7. (1) The Council shall meet at least once in three Meetings of the
months. The Minister may however call a special meeting if Council.
a need arises to discuss any matter of importance.
(2) The quorum for a meeting of the Council shall be
eight members.
8 Construction Industry Development
Act, No. 33 of 2014
PART III
CONSTRUCTION INDUSTRYDEVELOPMENT AUTHORITY
Establishment of 8. (1) There shall be established an authority called and
the Construction known as the “Construction Industry Development
Industry
Development Authority” (hereinafter referred to as “the Authority”).
Authority.
(2) The Authority shall by the name assigned to it by
subsection (1), be a body corporate and shall have perpetual
succession and a common seal and may sue and be sued in
such name.
Management 9. (1) The management and administration of the
and affairs of the Authority shall be vested in a Board of
administration
Management (hereinafter referred to as “the Board”) which
of the affairs of
the Authority. shall consist of —
(a) the following ex-officio members—
(i) the Secretary to the Ministry of the Minister
in charge of the subject of Construction or an
officer not below the rank of a Senior Assistant
Secretary nominated by the Secretary; and
(ii) the Secretary to the Ministry of the Minister
in charge of the subject of Finance or an
officer not below the rank of a Senior Assistant
Secretary nominated by the Secretary; and
(b) the following twelve members appointed by the
Minister (hereinafter referred to as “appointed
members”)—
(i) a member of the Institution of Engineers,
Sri Lanka nominated by the Institution
of Engineers, Sri Lanka established under the
Institution of Engineers, Sri Lanka Act,
No. 17 of 1968;
Construction Industry Development 9
Act, No. 33 of 2014
(ii) a member of the Sri Lanka Institute of
Architects nominated by the Sri Lanka Institute
of Architects established under the Sri Lanka
Institute of Architects Law, No. 1 of 1976;
(iii) a member of the Sri Lanka Institute of
Quantity Surveyors, Sri Lanka nominated by
the Institute of Quantity Surveyors, Sri Lanka
established under the Institute of Quantity
Surveyors, Sri Lanka (Incorporation)
Act, No. 20 of 2007;
(iv) a member of the Association of Consulting
Engineers, Sri Lanka nominated by the
Association of Consulting Engineers,
Sri Lanka established under the Association
of Consulting Engineers Sri Lanka
(Incorporation) Act, No. 42 of 2003;
(v) a member of the National Construction
Association of Sri Lanka nominated by the
National Construction Association of
Sri Lanka;
(vi) a member of the Chamber of Construction
Industry, Sri Lanka nominated by the
Chamber of Construction Industry, Sri Lanka;
and
(vii) six other persons who are not members of the
Council, of whom—
(a) three persons who have significantly
contributed to the development of the
construction industry in Sri Lanka; one
of whom shall be a person appointed
upon the request of 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; and
10 Construction Industry Development
Act, No. 33 of 2014
(b) three other persons to represent the
fields of—
(A) Agriculture, Water Resources or
Environmental Science;
(B) Public Health or Vocational Health; and
(C) Social, Cultural Heritage or Traditional
Knowledge.
(2) The Minister shall appoint one of the appointed
members, to be the Chairman of the Board.
(3) The Minister shall appoint one of the appointed
members as the Working Director of the Authority who shall
be a full time officer.
(4) A person shall be disqualified from being appointed
or continuing as a member of the Board—
(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
(e) if he holds or enjoys any right or benefit under any
contract made by or on behalf of the 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 Board.
Construction Industry Development 11
Act, No. 33 of 2014
(5) 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 from office, be eligible for
re-appointment.
(6) (a) The Minister may by Order published in the Gazette
remove any appointed member from office for reasons
assigned. A member in respect of whom an Order is so made
under this section shall be deemed to have vacated office on
the date of publication of that Order in the Gazette.
(b) Any appointed member may at any time resign from
office by a letter to that effect, addressed to the Minister and
sent by registered post.
(c) In the event of a vacation of office by death, resignation
or removal of any appointed member nominated by an
organization set out in subsection (1) of section 9, the
Minister may appoint any other person to succeed such
member as nominated by such organization. If such member
was not nominated by an organization, then the Minister
may appoint a suitable person from such organization to
succeed such member. Any member so appointed shall hold
office for the unexpired term of office of the member whom
he succeeds.
(d) In the case of a member nominated by an organization,
on the nomination of such a member being withdrawn by
the relevant organization, such member shall cease to
function as a member of the Board.
(e) 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. Thereupon, the Minister may,
appoint some other person nominated by the relevant
organization or any suitable person if such member was not
nominated by any organization, to act in his place.
12 Construction Industry Development
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(7) The Minister may, for reasons assigned, remove the
Chairman or the Working Director of the Board.
(8) If the Chairman or the Working Director, by reason of
illness, infirmity or absence from Sri Lanka, is temporarily
unable to perform the duties of his office, the Minister may
nominate another member of the Board to act in his place.
(9) The Chairman or the Working Director may, at any
time resign from office of the Chairman or the Working
Director by a letter addressed to the Minister. Such resignation
shall take effect upon it being accepted by the Minister in
writing.
(10) Subject to the provisions of subsections (2) and (3),
the term of office of the Chairman and the Working Director
shall be three years. The Chairman and the Working Director
shall be eligible for reappointment.
(11) The Chairman, Working Director and the appointed
members of the Board may be paid such remuneration out of
the fund of the Authority as the Minister may determine in
consultation with the Minister in charge of the subject of
Finance.
(12) The Chairman of the Board shall preside at every
meeting of the Board. In the absence of the Chairman at any
meeting, the members present shall elect one among their
members to preside at such meeting.
Meetings of the 10. (1) The quorum for a meeting of the Board shall be
Board. five members and the Board may subject to other provisions
of this Act, regulate the procedure in respect of meetings of
the Board and the transaction of business at such meetings.
(2) The Chairman or the member presiding at any meeting
of the Board, shall, in addition to his own vote, have a casting
vote where there is an equality of votes.
(3) The Board shall meet at least once in every month.
Construction Industry Development 13
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(4) No act, decision or proceeding of the Board shall be
deemed to be invalid by reason only of the existence of any
vacancy in the Board or any defect in the appointment of
any member thereof.
11. (1) The seal of the Authority— Seal of the
Authority.
(a) shall be in the custody of the Director-General of
the Authority;
(b) may be altered in such manner as may be determined
by the Authority; and
(c) shall not be affixed to any instrument or document
except with the sanction of the Authority and in
the presence of the Chairman and another member
of the Authority who shall sign the instrument or
document in token of their presence and such
signing shall be independent of the signing of any
person as a witness.
(2) The Authority shall maintain a register of the
instruments and documents to which the seal of the Authority
is affixed.
12. The objects of the Authority shall be— Objects of the
Authority.
(a) to ensure the implementation of the National Policy
on Construction in keeping with the directions
issued by the Minister in that regard under section 3;
(b) to provide strategic leadership to the stakeholders
of the construction industry to stimulate sustainable
growth, reform, and improvement of the
construction sector;
(c) to register and renew such registration of the
stakeholders of the construction industry as may
be prescribed from time to time;
14 Construction Industry Development
Act, No. 33 of 2014
(d) to promote sustainable growth of the construction
industry with special attention to the design and
development of energy efficient buildings and
structures;
(e) to promote appropriate research and dissemination
and publication of research work on any matter
relating to the construction industry and its
development;
(f) to formulate, in consultation with other relevant
authorities, the standards in construction industry
and categorize such standards as compulsory and
voluntary standards; and
(g) to implement the codes of conduct, practices,
procedures and processes and documentations
relating to construction industry as being
formulated by the Authority.
Functions of the 13. The functions of the Authority shall be—
Authority.
(a) to implement the policy formulated under section
2 in keeping with the directions issued by the
Minister in that regard under section 3;
(b) to formulate strategies for the development of the
construction industry;
(c) to collate and publish materials and information
pertaining to the construction industry;
(d) to promote best practices relating to the construction
industry;
(e) to implement the standards in construction work
including the standards relating to quality of
materials used and workmanship in consultation
with the other relevant bodies;
Construction Industry Development 15
Act, No. 33 of 2014
(f) to recommend to any relevant authority to formulate
national procurement guidelines related to
procurement of works, goods and services in
relation to construction industry;
(g) to provide for and regulate the presentation of
national awards for construction excellence,
outstanding achievements in different fields of
construction and design and development of
energy efficient buildings, structures and
construction techniques;
(h) to promote the standards of professionalism and
employment in the construction industry;
(i) to foster and promote entrepreneurship in
construction contractors of Sri Lanka;
(j) to provide for the registration and grading of
construction contractors;
(k) to provide for the registration of property developers
and to grade them under financial and marketing
capabilities;
(l) to provide for the registration of persons competent
to function as adjudicators on contractual disputes;
(m) to maintain a directory of importers, manufacturers
and suppliers of construction materials and
construction components used in the construction
industry, as may be determined by the rules made
under this Act;
(n) to maintain a Register of qualified persons as
specified in section 26;
(o) to provide for the registration of contractors
specialized in the areas of electromechanical
installations, other building fixtures and any other
area relating to construction;
16 Construction Industry Development
Act, No. 33 of 2014
(p) to provide for the registration and issuing of Craft
Identity Cards to skilled workers in construction
trades as may be determined by the rules made under
this Act;
(q) to maintain a directory of heavy construction
plant, machinery and equipment available in the
country;
(r) to undertake and facilitate the human resources
development and training required for construction
industry and to develop national standards for
training and assessment in concurrence with
relevant national agency;
(s) to assess the competence of skilled workers
engaged in the construction industry and issue
certificates to such persons who do not possess such
certificates;
(t) to review and monitor the human resource
requirements of the construction industry and to
facilitate the development of curricula for newly
emerging trades;
(u) to promote and facilitate local consultancy services
pertaining to construction industry and the
undertaking of consultancy services in other
countries by local consulting firms;
(v) to promote and facilitate locally registered
contractors undertaking construction works in other
countries;
(w) to provide information, advisory on matters relating
to the construction industry;
(x) to promote and encourage the adoption and
propagation of new technologies related to
environmentally friendly, appropriate, cost efficient
and affordable innovations;
Construction Industry Development 17
Act, No. 33 of 2014
(y) to review and monitor any material, plant and
machinery requirements of the construction
industry and to encourage the development and
use of local products in the construction works;
(z) to undertake, promote and co-ordinate research in
various branches of the construction industry and
to conduct training programmes for the
improvement of quality and productivity of the
construction industry;
(aa) to assist institutions concerned with the
construction industry in the development of their
activities;
(bb) to promote the construction of any building where
necessary in a manner that may facilitate the easy
access and use of such buildings by any elderly or
differently abled persons;
(cc) to undertake or assist any other activity for the
promotion of the construction industry;
(dd) to maintain a national data base on construction
industry;
(ee) to recommend to the relevant authority to regulate
the health and safety standards and the use of
hazardous material in construction industry;
(ff) to establish standards for technical auditing and
monitoring of the construction and management
processes and the outcome of construction works
which include compliance with stipulated
conditions and approved standards;
(gg) to recommend to the Minster to declare any project
or undertaking as an “identified construction work”
for the purposes of this Act.
18 Construction Industry Development
Act, No. 33 of 2014
Powers of the 14. The Authority shall have such powers, as are
Authority. necessary or incidental to the discharge of its functions under
this Act, and in particular —
(a) to acquire in any manner and hold, take or give on
lease or hire, mortgage, pledge, sell or otherwise
dispose of, any movable or immovable property;
(b) to appoint, employ, remunerate officers, servants
and agents for the purposes of this Act and to
exercise disciplinary control over such officers,
servants and agents;
(c) to enter into, and perform, directly or through any
servant or agent authorized in that behalf, all such
contracts as may be necessary for the discharge of
the functions of the Authority;
(d) to open, maintain and close accounts in any state
owned bank or any other financial institution with
the prior approval of the Ministry of Finance;
(e) to borrow such sums of money as may be necessary
for the purpose of discharging the functions of the
Authority;
(f) to accept and receive grants, donations and
bequests, both movable and immovable from
sources in or outside Sri Lanka and utilize them for
the discharge of the functions of the Authority:
Provided that, the Authority shall obtain prior
written approval of the Director-General of the
External Resources of the Ministry of the Minister
to whom the subject of Finance has been assigned,
in respect of all foreign grants, donations and
bequests;
(g) to make rules for the administration of the affairs of
the Authority;
Construction Industry Development 19
Act, No. 33 of 2014
(h) to levy fees or charges on registration of service
providers of Construction Industry and renewal of
such registration or charges as may be prescribed
for any service rendered by the Authority; and
(i) to do all other acts and things which, from time to
time, in the opinion of the Authority are necessary
or incidental to the proper discharge of the functions
of the Authority.
15. (1) There shall be appointed a Director-General by Director-General
the Authority who shall possess experience and of the Authority.
qualifications in the field of construction and management.
The Director-General shall be deemed to be a public officer.
(2) The Director-General shall, subject to the general
direction and control of the Chairman of the Board, be
responsible for the administration and control of the officers
and servants of the Authority.
16. The Authority may appoint such officers and Staff of the
servants as it may consider necessary for the efficient exercise, Authority.
discharge and performance of its powers, duties and functions
under this Act and shall determine the remuneration payable
to, and the conditions of service and disciplinary control
over such officers and servants.
17. (1) At the request of the Authority any officer in the Appointment of
public service may, with the consent of that officer and the Public Officers.
Secretary to the Public Service Commission, be temporarily
appointed to the staff of the Authority for such period as
may be determined by the Authority or with like consent, be
permanently appointed to such staff.
(2) Where any officer in the public service is temporarily
appointed to the staff of the Authority, the provisions of
subsection (2) of section 14 of the National Transport
Commission Act, No. 37 of 1991 shall, mutatis mutandis,
apply to and in relation to such officer.
20 Construction Industry Development
Act, No. 33 of 2014
(3) Where any officer in the public service is permanently
appointed to the staff of the Authority, the provisions of
subsection (3) of section 14 of the National Transport
Commission Act, No. 37 of 1991 shall, mutatis mutandis,
apply to and in relation to such officer.
(4) Where the Authority employs any person who has
entered into a contract with the Government by which he
has agreed to serve the Government for a specified period,
any period of service with the Authority by that person shall
be regarded as service to the Government for the purpose of
discharging the obligations of such contract.
(5) At the request of the Authority any officer of a
Provincial Public Service may with the consent of that officer
and the relevant Provincial Public Service Commission, be
temporarily appointed to the staff of the Authority for such
period as may be determined by the Authority or with like
consent be permanently appointed to such staff.
Appointment of 18. (1) The Authority shall appoint in consultation
committees for
with relevant authorities, the following committees to
implementation
of construction formulate standards, rules and regulations in the
standards. Construction Industry:—
(a) the Committee on Technical Standards, Rules and
Regulations;
(b) the Committee on Environmental and Public Health
Standards;
(c) the Committee on Ethical and Social Responsibility
Standards.
(2) The members of such committees shall be selected
by the Authority in consultation with relevant
professional bodies and other social and environmental
organizations.
Construction Industry Development 21
Act, No. 33 of 2014
PART IV
CONSTRUCTION INDUSTRY DEVELOPMENT FUND AND FUND
OF THE AUTHORITY
FUND AND THE FUND OF THE AUTHORITY
19. (1) There shall be established a Fund known as the Construction
Construction Industry Development Fund (in this Act Industry
Development
referred to as the “Development Fund”). Fund.
(2) There shall be paid into the Development Fund—
(a) all such sums of money as may be received by the
Development Fund by way of loans, rent,
donations, gifts or grants whether from foreign or
local sources;
(b) all such sums collected as the Construction Industry
Development Levy.
(3) There shall be paid out of the Development Fund all
such sums of money as are required to defray any expenditure
incurred by the Development Fund in the exercise of the
powers and discharge of the functions under this Act, subject
to following guidelines:—
(a) more than fifty percentum (50%) of the fund shall
be reserved for the well-being of the small scale
contractors and self-employed registered craftsmen;
(b) not less than five percentum (5%) of the fund shall
be reserved for research and publications in the field
related to construction industry;
(c) not less than five percentum (5%) of the fund shall
be reserved for the purpose of rewarding and
encouraging the inventions, applications and
propagation of environmentally friendly and cost
efficient construction technologies;
22 Construction Industry Development
Act, No. 33 of 2014
(d) such amount as determined by the Authority is
required to arrange long term insurance with pension
benefits, for craftsmen registered with the Authority
who are not entitled to any other form of retirement
benefits under any other law.
(4) (a) For the purposes of this section, the Minister to
whom the subject of Construction is assigned shall impose a
levy of cess to be called the “Construction Industry
Development Levy”. The rate of the cess to be so levied
shall be as determined by the Minister to whom the subject
of Consruction is assigned with the concurrence of the
Minister incharge of the subject of Finance as a percentage
of construction cost of projects. Every such rate as
determined shall be tabled in the Parliament for its approval.
(b) The Minister shall by Order published in the Gazette
specify, from time to time, the rate of cess as determined
under paragraph (a) of this subsection. Any Order made under
this paragraph shall come into operation on the day of such
publication in the Gazette.
(c) The Levy imposed under this section shall be collected
by the Director-General of Construction Industry
Development Authority and shall be credited to the
Construction Industry Development Fund.
The 20. (1) The management and administration of the affairs
management and of the Development Fund shall be vested with National
administration
Advisory Council on Construction.
of the
Development
Fund. (2) The Minister may make regulations specifying the
manner in which the Development Fund should be
administrated subject to paragraphs (a), (b), (c) and (d) of
subsection (3) of section 19.
Audit of 21. The provisions of Article 154 of the Constitution
accounts.
relating to audit of accounts of public corporations shall
apply to the audit of the accounts of the Development Fund.
Construction Industry Development 23
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22. The provisions of Part II of the Finance Act, No. 38 Application of
of 1971 shall mutatis mutandis apply to the financial control Finance Act, No.
38 of 1971.
of the Development Fund.
23. (1) The Authority shall have its own Fund (in this Fund of the
Act referred to as the “Fund of the Authority”). Authority.
(2) There shall be paid into the Fund of the Authority—
(a) all such sums of money as may be voted, from time
to time, by the Parliament for the use of the
Authority including such sums of money needed
to defray the salaries and other emoluments of the
staff of the Authority;
(b) all such sums of money as may be received by the
Authority in the exercise, discharge and
performance of its powers, functions and duties;
and
(c) all such sums of money as may be received by the
Authority by way of loans, rents, donations, gifts,
grants or levies and sale of assets.
(3) There shall be paid out of the Fund of the Authority
all such sums of money as are required to defray any
expenditure incurred by the Authority in the exercise,
discharge and performance of its powers, functions and duties
under this Act.
24. The provisions of Article 154 of the Constitution Audit of
accounts.
relating to audit of accounts of public corporations shall
apply to the audit of the accounts of the Fund of the
Authority.
25. The provisions of Part II of the Finance Act, No. 38 Application of
of 1971 shall mutatis mutandis apply to the financial control provisions of the
Finance Act, No.
of the Authority. 38 of 1971.
24 Construction Industry Development
Act, No. 33 of 2014
PART V
QUALIFIED PERSONS
Register of 26. (1) The Authority shall maintain a Register of
Qualified persons recommended by the Credential Committee as being
Persons.
qualified persons (hereinafter referred to as the “Register of
Qualified Persons”) in the following disciplines:—
(a) Engineering, in consultation with the Institute of
Engineers, Sri Lanka established under the
Institution of Engineers, Ceylon Act, No. 17 of 1968;
(b) Architecture, in consultation with the Sri Lanka
Institute of Architects and Architects Registration
Board established under the Sri Lanka Institute of
Architects Law, No. 1 of 1976;
(c) Quantity Surveying, in consultation with the
Institute of Quantity Surveyors, Sri Lanka
established under the Institute of Quantity
Surveyors, Sri Lanka (Incorporation) Act, No. 20 of
2007;
(d) Environmental and Public Health Engineering, in
consultation with relevant professional and
academic bodies; and
(e) any other discipline not specified under paragraphs
(a), (b), (c) and (d) but relating to the disciplines
specified in pargraphs (a), (b), (c) and (d) and which
shall be as prescribed from time to time, on the
recommendation of the relevant academic or
professional bodies or any board of registration
relating to construction industry established by an
Act of Parliament.
(2) (a) The Minister shall, in consultation with any
relevant professional or academic body or any board of
registration established by an Act of Parliament, as the case
may be, prescribe the criteria for registration of persons who
are not members of any professional body or persons who
Construction Industry Development 25
Act, No. 33 of 2014
are not registered with any board of registration relating to
construction industry established by an Act of Parliament,
as specified in paragraphs (a), (b) or (c) of subsection (1) and
persons belonging to the disciplines specified in paragraphs
(d) and (e) of subsection (1).
(b) Any person who is a member of a professional body or
a person registered under any board of registration relating
to construction industry established by an Act of Parliament
as specified in paragraph (a), (b) or (c) of subsection (1) shall
be a qualified person specified in paragraphs (a), (b) or (c) of
subsection (1) and shall be exempted from the criteria for
registration under this section.
(3) Any Person who wishes to register himself as a qualified
person shall apply to the Authority in that behalf. The
Authority on receipt of such application shall—
(a) in the case of an application received from any
professional body or board of registration relating
to construction industry established by an Act of
Parliament, on behalf of a person who is a member
of such professional body or a person of such board
of registration as specified in paragraphs (a), (b) or
(c) of subsection (1), register such person as a
Qualified Person under this Act and cause the names
of such persons to be included in the Register of
Qualified Persons;
(b) in the case of an application received from a person
who is not a member of any professional body or a
person who in not registered under any board of
registration relating to construction industry
established by an Act of Parliament, as specified in
paragraphs (a), (b) or (c) of subsection (1) and any
person belonging to the disciplines specified in
paragraphs (d) and (e) of subsection (1), refer such
application to the Credential Committee for its
recommendation.
(4) The Authority shall on the basis of the
recommendation made to it by the Credential Committee
26 Construction Industry Development
Act, No. 33 of 2014
under subsecion (3), appoint such persons so recommended
as “qualified persons” and cause the names of such persons
to be included in the Register of Qualified Persons.
(5) The procedure for registration of qualified persons
and renewal of such registration shall be as prescribed and a
registration number shall be issued to each such qualified
person upon the name of such person being entered in the
Register of Qualified Persons. Such Register shall be available
for inspection by any person free of charge at the office of
the Authority during office hours.
Credential 27. (1) The Authority shall appoint a Credential
Committes and Committee which shall consist of not more than fifteen
its functions. members out of whom, two members each shall be nominated
by the relevant academic and professional bodies and any
board of registration relating to construction industry
established by an Act of Parliament, as specified in
paragraphs (a), (b), (c) and (d) of subsection (1) of section 26
and Society of Structural Engineers — Sri Lanka established
under the Society of Structural Engineers — Sri Lanka
(Incorporation) Act, No. 40 of 2009.
(2) The function of such Credential Committee shall be
to identify and categorize professional and vocational
disciplines, minimum qualifications and experience required
for registration of construction manpower including
qualified persons under this Act, mode of practice of
such disciplines and to recommend to the Authority the
persons who may be registered as Qualified Persons under
this Act.
Only qualified 28. No person other than a qualified person shall be
persons to
appointed for the purpose of, or engage in the carrying out
engange in
identified of, designing, and preparation of required contract
construction documentation and supervision of any identified
works. construction work.
Records to be 29. The Authority shall maintain records on the
maintained. identified construction works.
Construction Industry Development 27
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30. Every qualified person shall adhere to the standards Qualified
of design and documentation maintained by respective body persons to
adhere to
or board of registration or organization and where such
standards.
standards are not maintained by any body or board of
registration or organization, the qualified persons who are
members of such body or organization or persons registered
under such board of registration shall adhere to the standards
of the Authority as shall be prescribed, from time to time, in
respect of identified construction works.
31. Notwithstanding anything contained in any other Local authority
law, no local authority shall entertain any application for approval for
identified
building approval for any identified construction works construction
unless the architectural, structural, electrical and water works.
supply, sewerage and other designs and services relating to
such construction are carried out by a qulified person.
32. (1) Any complaint against a qualified person relating Conduct of
to— investigations
against qualified
persons.
(a) any professional negligence, lack of competency
or violation of ethical and social standards;
(b) moral turpitude, malpractice, fraud or dishonesty;
(c) breach of any terms and conditions where his
registration has been granted subject to any terms
and conditions,
may be made to the Authority.
(2) Where the qualified person against whom any
complaint has been made under subsection (1), is a member
of any professional body or a person registered under any
board of registration relating to construction industry
established by an Act of Parliament, specified in paragraphs
(a), (b) or (c) of subsection (1) of section 26, the Authority
shall refer such complaint to the relevant professional body
or any board of registration in the construction industry
established by an Act of Parliament.
28 Construction Industry Development
Act, No. 33 of 2014
(3) On receipt of a complaint by the relevant professional
body or any board of registration relating to construction
industry established by an Act of Parliament, it shall carry
out an investigation in respect of the matters referred to it
under subsection (2). The findings in respect thereof shall
be forwarded to the Authority as expeditious as possible
and effect necessary disciplinary proceedings and report
back to the Authority.
(4) Where no recommendation is made by the relevant
professional body or any board of registration relating to
the construction industry established by an Act of
Parliament, under subsection (3), the Authority shall
investigate into such matter and take necessary action.
(5) Any complaint against any qualified person who is
not a member of any professional body or a person registered
under any board of registration relating to the construction
industry established by an Act of Parliament, shall be
investigated by the Authority in keeping with the
disciplinary procedure of the Authority as shall be
prescribed.
Engagement of 33. (1) Any person requiring to engage a foreign
foreign
consultant as a qualified person in any identified construction
consultants.
work shall apply to the Authority for a provisional
registration.
(2) Every foreign consultant shall, prior to being engaged
in any identified construction work as a qualified person in
Sri Lanka, apply to the Authority for a provisional
registration as a qualified person which shall be subject to
yearly renewal on the condition that the registration is linked
to an approved project. The procedure for such registration
shall be as prescribed.
(3) Any person who performs as a qulified person to carry
out any identified construction work without obtaining a
certificate of registration issued by the Authority shall be
guilty of an offence under this Act.
Construction Industry Development 29
Act, No. 33 of 2014
(4) The provisions of this section shall not apply to any
foreign consultant who engages in any identified
construction work under any project of the Government of
Sri Lanka. However the Authority may obtain from the
institutions which employ foreign consultatns, any
particulars that may be required for the purpose of section
55 of this Act and such institutions shall comply with any
request made by the Authority under this section.
PART VI
REGISTRATION OF CONTRACTORS, PROPERTY DEVELOPERS &C.
34. The Authority shall maintain a Register of Register of
Contractors in the manner and form as may be determined Contractors.
by the Authority by rules made by the Authority in that
behalf (hereinafter referred to as the “Register of
Contractors”) which shall be available free of charge for
inspection at the office of the Authority by any person during
office hours.
35. (1) An application for registration as a contractor Procedure for
shall be made to the Authority. The manner of registration registration of
contractors and
and fees shall be as prescribed. renewal of
registration.
(2) The Authority shall, in consultation with the relevant
professional bodies and contractors’ associations appoint a
committee to consider the applications for registration of
persons as contractors. Criteria for such registration shall be
as prescribed and shall include specific provisions relating
to cost effective innovative technologies in order to
accommodate the potentials of the contractors registered
with the National Engineering Research and Development
Centre.
(3) Where any person is registered as a contractor, the
Authority shall issue to such person a Registration Number
and a Certificate of Registration.
30 Construction Industry Development
Act, No. 33 of 2014
(4) The Certificate of Registration issued under this
section shall be valid for the period specified in such
Certificate and may be renewed on application made in that
behalf and upon payment of the prescribed renewal fee.
Suspension or 36. (1) The Authority shall, where it receives any
cancellation of a
complaint against a contractor, refer such complaint to a
Cerificate of
Registration. disciplinary committee comprising eminent persons
appointed by the Minister, which shall investigate and make
recommendations in respect thereof to the Authority. The
guidelines for disciplinary procedure shall be as prescribed.
(2) The disciplinary committee appointed under this
section shall in making its recommendations to the
Authority take the following matters into consideration—
(a) Whether the contractor against whom the complaint
has been made is found guilty of any professional
negligence, lack of competency, moral turpitude,
malpractice, fraud or dishonesty;
(b) Whether the contractor against whom the complaint
has been made is in breach of his contractual
obligations as a contractor;
(c) Whether the contractor against whom the complaint
has been made is in breach of any terms and
conditions subject to which such Certificate of
Registration has been issued;
(d) Whether the contractor against whom the complaint
has been made has obtained registration as a
contractor by fraud or misrepresentation; or
(e) Whether the contractor against whom the complaint
has been made has contravened or failed to comply
with the provisions of this Act or any regulation
made thereunder.
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Act, No. 33 of 2014
(3) The Authority may upon receipt of such
recommendations made by the disciplinary committee under
this section suspend or cancel a Certificate of Registration
issued under this Act.
37. A person who is aggrieved by— Appeals against
refusal to register
a contractor &c.
(a) the refusal to register any contractor under this
Act; or
(b) the refusal to renew any Certificate of Registration
issued to any contractor; or
(c) the suspension or cancellation of a Certificate of
Registration issued under this Act,
may within thirty days from the date of communication of
such refusal, suspension or cancellation, as the case may be,
appeal to the Appeals Board established by section 53
against such refusal, suspension or cancellation.
38. (1) Every identified construcion work shall be carried Employment of
out by a registered contractor according to the procedures registered
contractors in
and standards as may be prescribed for such purpose.
identified
construction
(2) Any person who undertakes to carry out or carries out works.
any identified construction works without obtaining a
Certificate of Registration issued by the Authority shall be
guilty of an offence under this Act.
39. (1) Every foreign contractor prior to engaging in Registration and
any identified construction work in Sri Lanka shall obtain a employment of
foreign
temporary registration as a contractor. The procedure for
contractors.
registration and renewal of such registration shall be as
prescribed.
(2) No person shall engage a foreign contractor in any
identified construction works unless such contractor is
registered with the Authority under this section.
32 Construction Industry Development
Act, No. 33 of 2014
(3) The preceding provisions of this section shall not apply
to a foreign contrator who has entered into an agreement with
the Government of Sri Lanka to engage in any identified
construction work. However the Authority may obtain from
the institutions which employ such foreign contractors, any
particulars that may be required for the purpose of section 55
of this Act and such institutions shall comply with any request
made by the Authority under this section.
Monitoring of 40. The Authority shall by rules made by the Authority
contractors. in that behalf establish a monitoring system for the
monitoring of contractors registered under this Act.
Register of 41. The Authority shall maintain a Register of Property
Property Developers which shall be available free of charge for
Developers
inspection at the office of the Authority by any person during
office hours.
Procedure for 42. (1) An application for registration as a property
registration of developer shall be made to the Authority. The manner of
property
registration and fees shall be as prescribed.
developers and
renewal of
registration. (2) The Authority shall, in consultation with the relevant
professional bodies and property developers’ associations
appoint a committee to consider the applications for
registration of persons as property developers. Criteria for
such registration shall be as prescribed.
Directory of 43. The Authority shall maintain a Directory of
importers, importers, manufacturers and suppliers of construction
manufactures,
materials and construction components in the manner as
and suppliers of
construction may be determined by the rules made by the Authority. Such
materials and Directory shall be available free of charge for inspection at
components. the office of the Authority by any person during office hours.
Directory of 44. The Authority shall maintain a Directory of specified
heavy heavy construction machinery and equipment available in
construction
the manner as may be determined by the rules made by the
machinery and
equipment. Authority. Such Directory shall be available free of charge
for inspection at the office of the Authority by any person
during office hours.
Construction Industry Development 33
Act, No. 33 of 2014
PART VII
TECHNICAL AUDITING
45. (1) The Authority shall carry out technical auditing Technical
of any indentified construction work if requested to do so Auditing.
by the owner of such construction work or any Government
organization.
(2) The procedure and rates for the levying of fees in
respect of such technical auditing shall be as prescribed.
(3) For the purposes of this Act, “Technical Auditing”
means the inspection of identified construction works, which
include construction process and management process as
well as the final product and examination of contract
documents and documents pertaining to payments requested
to be made on contracts, in order to verify—
(a) the compliance of the documentation relating to
identified construction works which are prepared
in compliance with the requirements of this Act;
(b) the execution of identified construction works in
conformity with the provisions of the contract and
the provisions of this Act;
(c) the compliance by parties referred to in the
contract, with their respective obligations under
the contract; and
(d) the compliance with the basic public health,
occupational health and environmental standards
and technical standards which include efficient
resource and energy utilization standards.
(4) The Authority shall register and maintain a register of
quality management auditors for the purpose of carrying
out technical auditing. The procedure for registration and
the qualifications required of such auditors shall be as
determined by the rules made by the Authority.
34 Construction Industry Development
Act, No. 33 of 2014
PART VIII
STANDARD DOCUMENTS AND HUMAN RESOURCE DEVELOPMENT
Standard 46. Any party that engages a qualified person as a
documents consultant or a registered contractor in any identified
specified by the
Authority to be construction work shall use the standard documents specified
used. for the purpose by the Authority.
Human resource 47. The Authority shall—
development.
(a) develop strategies to meet the future demands
for qualified construction personnel, through
training;
(b) facilitate the conduct or conduct training
programmes for quality and productivity
improvement;
(c) facilitate the development of national standards on
skills and national trade tests;
(d) facilitate the development of curricula for the newly
emerging trades;
(e) establish a scheme for the exchange of information
relating to construction training;
(f) conduct surveys related to training, manpower
needs and related matters;
(g) facilitate the improvement of social recognition and
standard of the construction personnel;
(h) facilitate the development of a career path for
construction personnel to enhance the human
resource requirements of the construction
industry;
Construction Industry Development 35
Act, No. 33 of 2014
(i) develop contract documents and implementing
strategies to support registered craftsmen and small
scale contractors who enter into individual contracts
with clients without the involvement of qualified
persons; and
(j) facilitate translations of contract documentation
into Sinhala and Tamil languages.
48. (1) Any person who possesses any skill in any craft Skilled persons.
as may be determined by the rules made by the Authority,
from time to time, may apply to the Authority for the issuance
of an Identity Card.
(2) The Authority may, considering the competency and
capacity of such applicant issue an Identity Card (hereinafter
referred to as a “Craft Identity Card”) to such person in the
form and manner determined by the rules made by the
Authority with an identification number specifying the
category and grade of such craft identity card holder.
(3) No person other than a craft identity card holder shall
be engaged independently in any identified construction
work unless under the supervision of a craft identity card
holder on the relevant craft.
(4) Any person producing a forged or false craft identity
card to any other person or having in possession such forged
or false craft identity card or similar document shall be guilty
of an offence under this Act.
(5) Any craft identity card holder shall be entitled to
display conspicuously in his place of work a board bearing
the description “Registered Craftsman” or “Registered
Master Craftsman”, as the case may be.
(6) The conditions relating to the issue of craft identity
cards and the Code of Conduct for such craft identity card
holders shall be as prescribed.
36 Construction Industry Development
Act, No. 33 of 2014
(7) The Authority shall not grant approval for the
engagement of any foreign craftsman in any identified
construction work if the required skills in any required area
are locally available.
(8) The Authority may subject to the approval of the
Cabinet of Ministers arrange any long term insurance policy
or any pension scheme with the utilization of the
Development Fund for the craftsmen who are registered under
this Act.
(9) The Authority shall maintain a register of craft identity
card holders in the form and manner as may be determined
by the rules made by the Authority. Such register shall be
available for inspection free of charge at the office of the
Authority.
Registration of 49. (1) The Authority shall maintain a Register of
Skilled Skilled Construction Workers, Construction Site
Construction Supervisors, Middle Level Technical Officers and other
Workers,
Construction Site professionals in the construction industry as shall be
Supervisors, prescribed and which shall be available for inspection free
Middle Level of charge at the office of the Authority.
Technical
Officers and
(2) The registration of Skilled Construction Workers,
other
professionals in Construction Site Supervisors, Middle Level Technical
the construction Officers and other professionals in the construction industry
industry. shall be done according to different skills and qualifications,
and the procedure for registration and renewal of such
registration shall be determined by the Authority in
accordance with the rules made by the Authority.
PART IX
SETTLEMENT OF DISPUTES
Settlement of 50. If the parties so desire any dispute relating to a
disputes through contract for construction works, if it is not provided for in
conciliation or
mediation by the the contract, may be settled through conciliation or
Authority. mediation by the Authority.
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51. (1) A party to any contract relating to an identified Right to refer
construction work, if unable to settle any dispute by for adjudication.
conciliation or mediation by the Authority, may refer such
dispute for adjudication.
(2) The procedure for adjudication of any dispute under
this section shall be as prescribed.
For the purpose of this section, “dispute” includes any
difference of opinion between the parties to an identified
construction work.
52. (1) The Authority shall maintain a Register of Register of
Adjudicators who are competent to adjudicate disputes Adjudicators.
relating to any contract of construction works in the form
and manner as may be determined by the rules made by the
Authority. The Register of Adjudicators shall be available
for inspection free of charge at the office of the Authority.
(2) The procedure for registration of such adjudicators
and renewal of such registration shall be done according to
the procedure as may be prescribed.
PART X
APPEALS BOARD
53. (1) There shall be established for the purpose of this Establishment of
Act, an Appeals Board consisting of not more than sevan Appeals Board.
members who shall be appointed by the Minister upon the
recommendation of the Authority. All members of the
Appeals Board shall be qualified persons as specified in this
Act with not less than twenty years of experience in the field
of construction.
(2) Any person who is aggrieved by a decision of the
Authority made under this Act may appeal to the Appeals
Board in the manner as shall be prescribed.
38 Construction Industry Development
Act, No. 33 of 2014
(3) Members of the Appeals Board may hold office for a
term of three years and shall be eligible for re-appointment.
(4) The provisions of subsection (2) of section 5 shall
mutatis mutandis apply to appointment of members to the
Appeals Board.
(5) There shall be a Secretary to the Appeals Board who
shall be appointed by the members of the Appeals Board
from amongst its members.
(6) The members of the Appeals Board shall be
remunerated in such manner as may be determined by the
Minister with the concurrence of the Minister in charge of
the subject of Finance.
(7) Subject to the provisions of this Act, the Appeals Board
may regulate its own procedure at its meetings and the
transaction of business thereat.
Hearing and 54. (1) Every appeal made to the Appeals Board shall—
determination of
appeals.
(a) be in the prescribed form and accompanied by a
copy of the decision appealed against;
(b) set out precisely the grounds of appeal; and
(c) be delivered to the Secretary of the Appeals Board
within thirty days from the date of the decision of
the Authority.
(2) An appeal shall be heard by not less than three
members of the Appeals Board.
(3) On receipt of an appeal, the Secretary of the Appeals
Board shall fix a date, time and place for the hearing of such
appeal, and shall give fourteen days notice thereof to the
appellant and to the Authority.
(4) Every appellant may appear before the Appeals Board
in person or with an authorized representative.
Construction Industry Development 39
Act, No. 33 of 2014
(5) After the hearing of an appeal the Appeals Board shall
give its decision within two months from the date on which
such appeal was received by the Appeals Board and may
confirm, vary or reverse the decision appealed against.
(6) The decision of the Appeals Board and the reasons
therefor shall be notified in writing to the appellant and the
Authority.
(7) Any person aggrieved by the decision of the Appeals
Board in respect of any appeal made under subsection (1)
may appeal against such decision to the Court of Appeal
within thirty days from the date on which the decision and
the reasons therefor were notified to the appellant.
PART XI
COLLECTION, PROCESSING AND DISTRIBUTION OF INFORMATION
IN THECONSTRUCTION INDUSTRY
55. (1) The Authority shall be responsible for the Authority to
maintenance of a National Data Base in the construction maintain a
National Data
industry for which a dedicated information secretariat Base for the
(hereinafter referred to as the “information secretariat”) shall construction
be established within the Authority. industry.
(2) The functions, procedures and performance standards
required of the information secretariat shall be as prescribed.
(3) The Authority shall have the power to instruct and
request for information as follows :-
(a) from all State and private banks, in respect of the
total financial facilities granted annually to any
project or persons for any construction as may be
determined by the Authority. Provided that, the
projects and persons involved in such construction
works may not be disclosed;
40 Construction Industry Development
Act, No. 33 of 2014
(b) from the National Housing Development Authority
established under the National Housing
Development Authority Act, No. 17 of 1979 in
respect of the number of loans and grants issued for
construction purposes. Provided that, the projects
and the names of the beneficiaries of such loans or
grants may not be disclosed;
(c) from the Sri Lanka Customs, in respect of
information relating to the amounts and values of
all the imports and exports of construction material;
(d) from the Geological Survey and Mines Bureau
established under the Mines and Mineral Act, No.
32 of 1992 in respect of the statistics relating to
river sand and sea sand supplied to the market by
license holders for sand mining;
(e) from all government and semi-government agencies
engaged in contracting or direct construction of
construction works, any particulars in respect of
any construction work as required by the Authority
in a specified format;
(f) from all qualified persons, registered contractors
and property developers, details in respect of any
construction work completed;
(g) from the Director-General of Vocational Training,
details in respect of training programmes and
outcome of such training programmes related to
construction industry;
(h) from all government and voluntary organizations
which provide small and medium scale housing
loans and grants in respect of the number and
amount of such loans and grants. Provided that, the
beneficiaries of such loans or grants may not be
disclosed; and
Construction Industry Development 41
Act, No. 33 of 2014
(i) from all local government authorities and all the
statutory bodies that grant permits and licenses for
construction works, in respect of any details of
construction works as may be determined by the
Authority by the rules made by the Authority.
(4) Any person who fails to comply with any request for
information in terms of subsection (1) shall notwithstanding
anything contained in any other law be guilty of an offence
under this Act.
(5) The Authority shall be responsible for the publication
of annual reports on the construction industry in the country
and dissemination of information to government and private
institutions and individuals on written requests made to the
Authority. The Authority shall charge such fees as may be
determined for the performance of this service.
(6) The Authority shall at all times maintain
confidentiality as regard the information made available to
it under this section, other than if disclosure is required in
terms of any written law for the time being in force, and shall
not make public, or provide to any other government or
private institution, any information that would lead to
identification of individual contractors, manufacturers or
suppliers and information relating to their individual
financial standings.
PART XII
GENERAL
56. (1) Any person who— Offences.
(a) contravenes, or fails to comply with, any provision
of this Act or any regulation made thereunder; or
(b) being a member, officer or servant of the Authority
discloses any information obtained by him in the
exercise of his powers or the performance of his
42 Construction Industry Development
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duties under this Act to any person for any purpose
other than the purposes for which he is authorized
to disclose information by this Act,
shall be guilty of an offence under this Act.
(2) Any person who commits an offence under this Act,
shall upon conviction after summary trial before a Magistrate,
be liable to a fine not exceeding rupees one hundred
thousand or to imprisonment for a period not exceeding two
years or to both such fine and imprisonment.
(3) Where an offence under this Act is committed by a
body of persons, then—
(a) if that body of persons is a body corporate, every
director and officer of that body corporate; or
(b) if that body of persons is a firm, every partner of
that firm,
shall be guilty of an offence under this Act:
Provided however, that a director or officer of such
body corporate or a partner of such firm shall not be deemed
to be guilty of such offence if it is proved to the satisfaction
of the court that he exercised all due diligence to prevent
the commission of such offence.
Rules. 57. (1) The Authority may make rules in respect of all
matters for which rules are required or authorized to be made
under this Act.
(2) Every rule made by the Authority shall be published
in the Gazette.
Regulations. 58. (1) The Minister may make regulations in respect of
any matter required by this Act to be prescribed or in respect
of any matter which regulations are required or authorized
by this Act to be made.
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(2) Every regulation made by the Minister shall be
published in the Gazette and shall come into operation on
the date of its publication or on a later date as may be
specified in such regulation.
(3) Every regulation made by the Minister shall, within
six months after it is published in the Gazette, be brought
before Parliament for approval. Any regulation which is not
so approved by the Parliament shall be deemed to be
rescinded as from the date of such disapproval, but without
prejudice to anything previously done thereunder.
(4) Notification of the date on which such regulation is
deemed to be so rescinded shall be published in the Gazette.
59. (1) The Authority may subject to such conditions Delegation of
as may be specified in writing, delegate to any officer of the powers.
Authority any of the powers conferred on it by this Act or by
any regulation made thereunder.
(2) Notwithstanding any such delegation, the Authority
may continue to exercise any such power so delegated.
60. (1) The Authority or any officer authorized in writing Power to enter
in that behalf by the Authority shall, on receipt of any any land or
premises.
complaint by any person in respect of an identified
construction work, have the power on reasonable grounds
and production, if so required his credentials, to enter at all
reasonable hours of the day any premises where identified
construction work is being carried out or any completed
identified construction work, for the purpose of conducting
any survey, examination or investigation in respect of such
identified construction work.
(2) Where the owner or occupier of that identified
construction work unfairly refuses the conducting of such
survey, examination or investigation by the Authority under
subsection (1), the Authority may obtain from a Magistrate’s
Court a search warrant for the purpose of entering such land
or premises and exercise all or any of the powers conferred
upon the Authority by such search warrant.
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Resisting or 61. (1) No person in charge of any land or premises
obstructing the specified in section 60 shall knowingly or will fully, resist
Authority &c.
or obstruct any officer or servant of the Authority in the
lawful performance and discharge of his duties or functions
under section 60.
(2) Any person who acts in contravention of the
provisions of subsection (1) of this section shall be guilty of
an offence under this Act.
Members, 62. All members, officers and servants of the Authority
officers and
servants of the shall be deemed to be public servants within the meaning
Authority and for the purpose of the Penal Code (Chapter 19).
deemed to be
public servants.
Scheduled 63. The Authority shall be deemed to be a scheduled
Institution
institution within the meaning of the Bribery Act, and the
within the
meaning of the provisions of that Act shall be construed accordingly.
Bribery Act.
Expenses 64. (1) Any expense incurred by the Authority in any
incurred in any suit or prosecution brought by or against the Authority before
suit or
any court shall be paid out of the Fund of the Authority, and
prosecution.
any costs paid to, or recovered by the Authority in any such
suit or prosecution shall be credited to the Fund of the
Authority.
(2) Any expenses incurred by any member, officer or any
servant of the Authority in any suit or prosecution brought
by or against such person before any court in respect of any
act or omission which is done or purported to be done by
such person in good faith for the purpose of carrying out the
provisions of this Act shall, if the court holds that such act or
omission was done in good faith, be paid out of the fund of
the Authority unless such expenses are recovered by him in
such suit or prosecution.
Repeals and 65. (1) The Gazette Extraordinary No. 718/15 of June
Savings. 10, 1992 issued under the State Industrial Corporations Act,
No. 49 of 1957 shall be deemed to be rescinded from such
date as the Minister shall specify by Order published in the
Gazette.
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(2) All employees of the Institute for Construction
Training and Development established by Gazette
Extraordinary No. 718/15 of June 10, 1992 issued under the
State Industrial Corporations Act, No. 49 of 1957, on the
day immediately preceding the day specified in the Order
under subsection (1), who have not reached their respective
ages of retirement, shall on the appointed date, be offered
employment in the Authority, on terms and conditions no
less favorable to the terms and conditions of employment
applicable to them on the day immediately preceding the
day specified in the aforesaid Order.
(3) Any employee referred to in subsection (2), who wishes
to opt out of service in the Authority may do so within three
months from the date on which he was notified of the
available offer of serving in the Authority. If any such
employee as referred to in subsection (2) exercises his option
not to accept the offer, he shall be paid compensation under
a voluntary retirement scheme to be implemented in that
behalf, with the approval of the Cabinet of Ministers.
(4) Notwithstanding the rescission of the aforementioned
Order—
(a) all movable and immovable property of the Institute
for Construction Training and Development shall,
from the date specified in the Order made under
subsection (1), vest in the Authority;
(b) all contracts and agreements entered into by or with
the Institute for Construction Training and
Development and subsisting on the day
immediately preceding the date specified in the
Order made under subsection (1), shall be deemed
to be contracts and agreements entered into, by or
with the Authority;
(c) all suits, actions and other legal proceedings
instituted by or against the Institute for
Construction Training and Development and
pending on the day immediately preceding the date
46 Construction Industry Development
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specified in the Order made under subsection (1),
shall with effect from the date specified in the
aforesaid Order be deemed to be suits, actions and
other proceedings instituted by, or against the
Authority;
(d) all rights, liabilities and obligations of the Institute
for Construction Training and Development
subsisting on the day immediately preceding the
date specified in the aforesaid Order, shall with effect
from the date specified in the aforesaid Order be
deemed to be the rights, liabilities and obligations
of the Authority;
(e) every decree, Order or judgment entered in favour
of or against the Institute for Construction Training
and Development by any competent court and
remaining unsatisfied on the day specified in the
aforesaid Order, shall with effect from such date be
deemed to be a decree, Order or judgement enacted
in favour of or against the Authority and may
enforce accordingly.
(5) All books, accounts and documents relating to any
property of the Institute for Construction Training and
Development and publications and registers of the Institute
for Construction Training and Development shall remain in
force and effectual and be deemed to be publications and
registers of the Authority.
Sinhala text to
prevail in case 66. In the event of any inconsistency between the
of inconsistency.
Sinhala and Tamil texts of this Act, the Sinhala text shall
prevail.
Interpretation.
67. 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);
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(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;
48 Construction Industry Development
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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.
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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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Annual subscription of English Bills and Acts of the Parliament Rs. 885 (Local), Rs. 1,180
(Foreign), Payable to the SUPERINTENDENT, GOVERNMENT PUBLICATIONS BUREAU, DEPARTMENT OF
GOVERNMENT INFORMATION, NO. 163, KIRULAPONA MAWATHA, POLHENGODA, COLOMBO 05 before 15th
December each year in respect of the year following.
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