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Short title.
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1. This Act may be cited as the Sri Lanka Council of Archaeologists (Incorporation) Act. No. 4 of 1992.
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Incorporation of the Council.
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2. From and after the date of commencement of this Act, all founder members of the Sri Lanka Council of Archaeologists shall hereafter be admitted as corporate members of the Sri Lanka Council of Archaeologists hereby constituted and incorporated, shall (so long as they continue to be corporate members of the said Council) be members of, and form, a body corporate (hereinafter referred to as ” the Council”), with perpetual succession and a common seal, under the name of “The Sri Lanka Council of Archeologists ” and by that name the Council shall and may sue and be sued. The Council stall have full power and authority to have and use such seal, and alter, 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.
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General objects of the Corporation.
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3 The general objects for which the Council is constituted are hereby declared to be”
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(a) to promote and advance the study, practice and application of. and research in. archaeology and related .subjects and the arts and sciences connected therewith ;
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(b) to organize, supervise and control, the admission and the professional education, and training, of persons desiring to qualify as archaeologists, to prescribe or approve courses of study for the qualifying examinations for membership of the Council, and to conduct or provide for the conduct of such courses and examinations;
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(c) to prescribe the qualifications and disqualification for membership of the Council, and the standards of professional conduct for members of the Council and to secure the maintenance thereof ;
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(d) to protect and promote the interests, status, welfare rights and privileges of the profession of archaeologists in Sri Lanka, and the interests of the public in relation to that profession and of persons desiring to qualify as archaeologists;
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(e) to establish and maintain, a documentation centre, laboratories, museums, libraries and other such services specializing in archaeology and related subjects;
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(f) to establish and maintain, pension and provident funds and benefits schemes for members, officers and servants and their dependants, and to grant assistance, financial or otherwise, to societies of students .
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(g) to carry out such acts as are necessary for, or incidental or conducive, to, the attainment of the aforesaid objects.
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Powers of the Council.
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4. The Council shall have the power”
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(a) to acquire hold take or give on lease or hire, mortgage, pledge, sell, exchange, or otherwise alienate, encumber or dispose of, any immovable or movable property for the purpose of the Council ;
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(b) to enter into and perform or carry out, whether directly or through any officer or agent authorized in that behalf by the Council, all such contracts or agreements as may be necessary for the attainment of the objects or exercise of the powers of the Council;
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(c) to invest its funds, and to maintain current, deposit and savings accounts in any bank or banks;
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(d) to advance or lend, and to borrow, money for the purposes of the Council in such manner and upon such security as the Council may think fit:;
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(e) to levy fees, subscriptions and contributions in respect of membership, admission to membership, and admission to courses and examinations conducted by the Council;
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(f) to prescribe the terms and conditions of, and to supervise, control and regulate, the training, of persons desiring to qualify as archaeologists;
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(g) to appoint, employ, transfer, dismiss and take disciplinary action against, officers and servants and to prescribe their terms and conditions of service ;
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(h) generally, to do all such acts not inconsistent with this Act or any other written law, as are necessary for, or incidental or conducive to, the carrying out or the attainment of objects of the Council.
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Board of Governors
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5.
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(1) The administration and management of the affairs be vested in a Board of Governors (hereinafter referred to as “the Board”) which shall exercise perform ; the powers duties and functions conferred or imposed on or assigned to the Council by this Act.
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(2)
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(a) the Board shall consist of not more than nineteen members elected or appointed in accordance with the provisions of this Act and the rules made the thereunder ;
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(b) the Board may by rule, provide for the election or appointment from among non-corporate members of the Council of not more than three persons to be members of the Board to represent such non-corporate members or any class thereof, with such rights and privileges as may be prescribed by such rules.
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(3) Notwithstanding any thing to the contrary in the preceding provisions of this section, the first Board shall consist of the persons who were, on the date of commencement of this Act the members of the Board of Governors of the Sri Lanka Council of Archaeologist.
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(4) No act or proceeding of the Council or of the Board shall be or shall be deemed to be invalid by reason of the existence of vacancy in the Board or any defect in the election or appointment of any member of the Board.
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Power to make rules.
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6
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(1) The Board may make rules, not inconsistent with this Act or any other written taw, for the purpose of carrying out or giving effect to the principles and provisions of this Act and in respect of any matter required by this Act to be prescribed or in respect of which rules are authorized or required by this Act to be made, and may from time to time amend, add to, replace or repeal any such rule.
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(2) Without prejudice to the generality of the powers conferred by the provisions of the preceding subsection, the Board may make rules in respect of”
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(i) the term of office of the members of the Board, 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 Board and the appointment of Committees and Boards, the Annual Report of the Board, the election and term of office of such meetings, the quorum therefor and the Board;
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(ii) the rights, powers, functions and duties of the officers of the Board ;
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(iii) the summoning and holding of meetings of the Board the Annual General Meeting, other General Meetings and Special General Meetings of the members of the Council, the times, places, notices and agenda of. such meetings, the quorum therefor and the conduct of business thereat;
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(iv) the management of the property of the Council and the custody of funds ;
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(v) the formulation of a code of professional Conduct;
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(vi) the procedure for 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 right of parties to legal representation, 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 ;
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(vii) the election of honorary members.
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(3) Such rules, or the amendment, addition, replacement ; or repeal thereof or thereto, shall not be valid, unless approved by a two-thirds majority of the corporate members present and voting at a general meeting of members of the Council held in accordance with the provisions of the rules for the time being in force, and shall come into operation on the date of their publication in the Gazette.
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(4) The rules of the Council of Archaeologists Is force on the day preceding the date of commencement of this Act shall, in so far as they are not inconsistent with the provisions of this Act or any other written law, be deemed to be rules made by the Board under this section and may be amended or added to, accordingly.
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Membership of the council.
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7.
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(1) The corporate membership of the Council shall consist of Fellows, Members and Associates:
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Provided, however, that the Board may admit as noncorporate members (not having the right to vote of such categories and with such rights, privileges and obligations as may be prescribed) persons not eligible for corporate membership of the Council.
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(2) Rules may be made in respect of the qualifications and disqualification for membership, the mode of application for and admission to, membership, the form and issue of certificate 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 practicing members, the waiver and the reduction thereof and the effect of non-payment thereof, the rights, privileges and duties of members, and the conditions of membership, including resignation and re-admission.
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(3) Notwithstanding anything to the contrary in the preceding provisions of this section, all persons who were members of The Council of Archaeologists of Sri Lanka on the day immediately prior to the date of commencement of this Act shall be, and shall be deemed for all purposes to be, members of the Council, and shall continue so to be subject to the provisions of this Act and the rules made hereunder.
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Disqualification of membership and disciplinary powers and procedure.
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8.
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(1) No person shall be admitted as a member of the Council-
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(a)if he has been adjudged by a competent court, whether in Sri Lanka or elsewhere, to be of unsound mind;
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(b) if having been adjudged an insolvent or bankrupt by a competent court, whether in Sri Lanka or else where, 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
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(c) if he has been convicted by a competent court, whether in Sri Lanka or elsewhere, of any prescribed offence or of any offence involving moral turpitude and punishable with imprisonment or similar punishment, and has not been granted a free pardon.
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(2) The Board 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 :
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Provided, however, that the Board may in its discretion re-admit such person if he ceases to be subject to such disqualification, or if in it opinion he has redeemed his character and is tit to practices the profession of an archaeologist. ‘
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(3) The Board shall disenrol any member who in its opinion has been guilty of professional misconduct:
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Provided, however, that the Board may, in lieu of disenrolment, reprimand such member or suspend him from membership for such period not exceeding one year as the Board may consider just and equitable in all the circumstances and provided further that the Board 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 archaeologist.
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(4) The Board shall not disenrol, suspend from membership, or reprimand any member under the preceding provisions of this section, unless a Disciplinary Committee appointed by the Board has after inquiry, made a report to the .Board that such member has become subject to any of the after said disqualifications or has been guilty of professional misconduct
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(5)
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(a) Where a Disciplinary Committee appointed by the Hoard is of the opinion that the evidence of any person or the production by any person of any document pertaining to any person or organization 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.
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(b) A Disciplinary Committee appointed by the Board 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 Act.
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(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 Act :
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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.
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(6)
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(a) Any person who is aggrieved by the decision of the Board under subsection (3) may appeal against the decision to the Secretary to the Ministry of the Minister, within, fourteen days of the date on which such decision is communicated to him.
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(b) The Secretary may on any appeal under paragraph (a)-
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(1) allow the appeal and direct the Board to-
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(i) restore the name of the member to the register ; or
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(ii) cancel the suspension, from membership imposed on such member;
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(7)
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(a) The member who is aggrieved by the decision of the Secretary disallowing his appeal, may appeal against such decision to the Court of Appeal.
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(b) Until rules are made under Article 136 of the Constitution pertaining to appeals under this section, the rules made under that Article pertaining to application by way of revision to the Court of Appeal shall, mutatis mutandis, apply to appeals under paragraph (a).
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Code of professional conduct.
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9.
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(a) The Board shall have power to make rules providing for a code professional conduct and to amend, add to replace or repeal such code.
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(b) The Board shall by rules prescribe a code of professional conduct within a period of six months from the date of commencement of this Act, 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.
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Officers and servants of the Council.
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10. The Board may appoint an Administrative Officer .and such other officers and servants as it may deem necessary for the exercise and performance of its powers and duties.
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Audit and accounts.
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11.
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(1) The Board shall, cause proper accounts to be kept of the income and expenditure, assets and liabilities, and all other transactions of the Council.
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(2) The Auditor-General shall audit the accounts of the Council every year. For the purpose of assisting him in the audit of such accounts, the Auditor-General may employ the services of a qualified auditor who shall act under his directions and control.
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(3) For the purpose of meeting the expenses incurred by him in the audit of the accounts of the Council, the Auditor-General shall be paid out of the income of the Council, such remuneration as the Board may determine. Any remuneration received from the Council by the Auditor-General shall, after the deduction therefrom of any sums paid by him to any qualified auditor or auditors employed by him for the purpose of conducting such audit, be credited to the Consolidated Fund.
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(4) The Auditor-General shall, as soon as practicable after the thirty-first day of December of each year, prepare a report on the administration of the affairs of the Council during that year, together with, a statement of the income and expenditure of the Council and of the investment of the moneys belonging to the Council during that year.
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(5) In this section, the expression ” qualified Auditor” means”
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(a) an individual who, 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, or
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(b) a firm of Charted 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.
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Auditor-General statement and report to be placed before Parliament.
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12. The Auditor-General shall transmit the report prepared by him in pursuance of section 11 to the Minister in charge of the subject of Cultural Affairs, who shall cause such report and statement to be placed before Parliament
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Use of titles.
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13.
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(1) Every corporate member of the Council shall be entitled to take and use the title “Archaeologist”, A Fellow shall be entitled to use after his name the initials ” FSLCA “, a Member, the initials ” MSLCA ” and an Associate, the initials ” ASLCA ”
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(2) Save as aforesaid, no person or body of persons shall take or use the title ” Archaeologist” or the initials FSLCA’. “MSLCA” or “ASLCA” or use the same as the name or part of the name in any book, journal or other publication.
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(3) Any person who contravenes the provisions of subsection (3) shall be guilty of an offence under this Act.
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Penalty.
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14.
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(1) Any person who is guilty of an offence under this Act 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.
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(2) No prosecution for any offence under this Act shall be instituted except by a member or officer of the Board authorized in writing for the purpose by the Board.
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Common Seal.
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15.
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(a) The Common Seal of the Council shall be of such shape, size and design as the Board by resolution determine.
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(b) The Board shall be responsible for the safe custody of such Seal. The seal shall be affixed to deeds and documents, in the presence of such two of its officers, as the Board may authorize from time to time by resolution, and such officers shall attest the affixing thereof.
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Saving of the rights of the Republic and others.
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16. Nothing in this Act 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 Act and those claiming by, from or under them.
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Sinhala text to prevail in case of inconsistency .
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17. In the event of any inconsistency between the Sinhala and Tamil texts of this Act, the Sinhala text shall prevail.
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