Sri Lanka Institute of Architects (Amendment) Act (No. 14 of 1996)

Sri Lanka Consolidated Acts

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Sri Lanka Institute of Architects (Amendment) Act (No. 14 of 1996) - Sect 7

Insertion of new sections 8A, 8B, 8C, 8D, 8E, 8F, 8G, 8H, and 8J in the principal enactment

7. The following sections are hereby inserted immediately after section 8, and shall have effect as, sections 8A, 8B, 8C, 8D, 8E, 8F, 8G, 8H and 8J respectively of the principal enactment :-

8A.

	(1) There shall be established a Board which shall be called the Architects Registration Board (hereinafter referred to as "the Board").

	(2) The Board shall be a body corporate with perpetual succession and a common seal and may sue and be sued in its corporate name.

(3) The Board shall consist of the following members-

(a) a past President of the Institute elected at an Annual General Meeting or Special General Meeting of the Institute, who shall be the Chairman of the Board ;

(b) two members of the Institute nominated by the Council ;

(c) a Chartered Architect nominated by the Board of Investment of Sri Lanka established by the Board of Investment of Sri Lanka Law, No. 4 of 1978 ;

(d) a Chartered Architect nominated by the Urban Development Authority established by the Urban Development Authority Law, No. 41 of 1978 ;

(e) a professor of the faculty of Architecture of a university established under the Universities Act, No. 16 of 1978 and nominated by the Council ;

(f) the Chairman of the Institute of construction Training and development, established under the such Industrial Corporations Act No. 6 of 1957.

(g) three corporate members of the institute nominated by the Minister in charge of the subject of Housing from among corporate members employed in the public sectors and

(h) a representative of the Architectural Licentiates elected by the Architectural Licentiates.

	(4) The Chairman and the members nominated or elected as the case may be shall hold office for a term of two years and shall be eligible for re-election or re-nomination after the expiration of at least one year after such chairman or member as the case may be has ceased to hold office on the Board.

	(5) The Chairman of the Board such preside at every meeting of the Board a Which he is present in the absence of the Chairman at any meeting of the Board, are member elected by the members process shall preside at such meeting.

(6)

(a) A member of the Board shall vacate office by reason of absence from these consecutive meetings of the Board or by absence from Sri Lanka me a period exceeding six months or by resignation tendered to the Registrar or in the case of a member who has been nominated or elected to the Board by virtue of his being a member of the institute on his ceasing to be a member of the institute and in the case of a member who has been nominated to the Board by virtue of his being employed in the public sector, on his ceasing to be employed in the public sector.

(b) In the event of death of, or vacation of offence by a member of the Board, whether elected or nominated, as the case may be another person shall, in accordance with the provisions of subsection (3) be elected or nominated, as the case may be, in place of such member, and shall hold office for the unexpired part of the term of office of such member.

(c) The Board shall meet at least six times in each calendar year, so however, the interval between any two consecutive meetings shall not exceed three months.

(d) The quarum for any meeting shall be five members.

(e) The meetings of the Board shall be convened by the Registrar, on the direction of the Chairman or upon a requisition in writing made in that behalf by not less than three members.

(f) Any question which arises at any meeting of the Board shall be decided by a majority of the members present and in the case of an equality at votes, the Chairman or the member presiding at the meeting shall have a second or casting vote.

(g) No act, decision or proceeding of the Board shall be deemed to be invalid by reason only of the existence of vacancy among its members or any defect in the election or combination, as the case may be, of any member.

(7)

(a) The Council shall appoint a Registrar of the Board who shall be the Secretary to the Board.

(b) The Registrar shall keep minutes of the proceedings of meetings of the Board.

	(8) Subject to the provisions herein contained, the Board may regulate its own procedure in regard to its meetings and the transaction of business at such meetings.

8B. The functions of he Board shall be to-

	(a) register as Chartered Architects or Architects or Architectural Licentiates persons qualified, under this Law, to be so registered ;

	(b) to suspend, cancel or restore such registration, in accordance with the provisions of this Law ;

	(c) to maintain and publish, a register of Chartered Architects, Architects and Architectural Licentiates,

8C.

(1) The Registrar shall, subject to the directions of the Board, prepare, not later than six months from the date of the first meeting of the Board, a Register of-

(a) Chartered Architects;

(b) Architects;

(d) Institutions whose qualifications are recognized for the purposes of registration,

	substantially in the form contained in Schedule B hereto, containing the name of every person registered under this Law, as a Chartered Architect, Architect or Architectural Licentiate, as the case may be and of every institution recognized for the purposes of registration under this Law.

(3) In any legal proceedings, whether criminal or civil,-

(a) any extract from, or a copy of a register stating whether or not the name of any person has been registered as a Chartered Architect, Architect of Architectural Licentiate, as the case may be ;

(b) a certificate issued under the hand of register, staying whether or not the name of any person has been registered as a Chartered Architect, Architect or Architectural Licentiate,

8D.

	(1) The Council shall prescribe the application forms for registration as chartered Architects, Architects and Architectural Licentiates and the fees payable, in respect of such registration, and the renewal of such registration.

(2) Every fee prescribed under the preceding provisions shall be payable to the Honorary Treasurer of the Council All sums of money required to defray any expenditure incurred by the Board in the exercise, discharge and performance of its powers functions and duties under this Law shall, subject to approval by the Council, be paid by the Honorary Treasurer of the Council to the Board upon the submission in that be half of a requisition In writing to him by the Board.

8E. No person shall be registered as :-

	(a) a Chartered Architect unless he is a corporate member of the Institute ; or

(b) an Architect unless-

(i) he is a non corporate registered member of the Institute ; or

(ii) he has passed the Part II Examination of the Sri Lanka Institute of Architects and possesses; practical experience for the prescribed period and has passed the professional practice examination conducted by the Council for the purposes of registration as an Architect ; or

(iii) he has obtained a Master of Science Degree in Architecture from a University established under the Universities Act, No. 16 of 1978 and recognized by the Institute for the purpose of this section, having regard to the academic standards and training in architecture provided at such University or an equivalent qualification as 'determined by the Board of Architectural Education under the Sri Lanka Institute of Architects Law, No 1 of 1976 and possesses practical experience for prescribed period has passed the professional examination 'conducted by the Council for the purposes of registration as an architect ;

(iv) he has obtained such other educational or professional qualification in architecture from an educational establishment or professional establishment or professional institute specified in the Schedule Between possess practical experience for the prescribed period and has passed the professional practice examination conducted by the Council for the purpose of registration as an Architect ;

(i) he is a graduate member of the Institute possessing practical experience for the prescribed period in an architectural capacity and has also passed the professional practice examination conducted by the Council for the purpose of registration as an Architectural Licentiate ; or

(ii) he has passed the Part I Examination of the Sri Lanka Institute of Architects and possesses practical experience for the prescribed period and has passed the professional practice examination conducted by the Council for the purposes of registration as an Architectural Licentiate ; or

(iii) he has obtained the Bachelor of Science degree in architecture from a University established under the Universities Act No 16 of 1978 and recognized for the purposes of this section by the institute having regard to the academic standards and training in Architecture provided at such University or an equivalent qualification as determined by the Board of Architectural Education established under Sri Lanka Institute of Architects Law No. 1 of 1976 and possess practical experience for the prescribed period and has passed the professional practice examination conducted by the council for the purpose of registration as an architectural Licentiate ; or

(iv) he has obtained such other educational or professional qualification, in Architecture from an education or professional establishment or professional institute, specified in schedule B hereto, and possess practical experience in an Architectural capacity for the prescribed period, and has passed the professional practice examination conducted by the council for the purpose at registration as an Architectural Licentiate ; or

(v) he has engaged in the practice of architecture in Sri Lanka or any other country for a period of not less than the prescribed period and has passed the professional practice examination conducted by the council for the purpose of registration as an Architectural Licentiate.

8F.

(1) No person shall be entitled to be registered as a chartered Architect of Architect or an Architectural Licentiate-

(a) if he has not attained the age of twenty one years ;

(b) if he is not a citizen of Sri Lanka ;

(d) if having been adjudged an insolvent or bankrupt by a competent court he has not been granted by a competent court a certificate to the effect that his insolvency or bankruptcy has arisen wholly or party from unavoidable losses or misfortune; or

(e)If he has been convicted by a competent court, whether in Sri Lanka or else where ,of any offence involving moral turpitude and punishable with imprisonment or similar punishment and has not been granted a pardon.

(2) he Board shall take a decision on any application for registration within a period of not more than one month of the receipt of such application ,and shall within one month of its decision notify the applicant of its decision and reasons therefor.

8G.

(1) The Board shall have power to remove the name of any person from the appropriate registrar :-

(a) if such person ceases to possess the qualification which entitled him to registration; or

(b) if such person become subject to any disqualification mentioned in subsection (1) of section 8F ; or

(d) if such person, being a member of the institute, has been dis enrolled under the provisions of subsection (2) or subsection (3) of section 8 ; or

(e) if such person, not being a member of the institute, has been found after due inquiry by an investigating committee or a disiplinary committee constituted under section 8 of this Law, guilty of professional misconduct and every has been no appeal against the report of the Investigating Committee or Disciplinary Committee.

	(2) The Board may, of its own motion or upon the application in that behalf, of any person referred to in paragraph (b) or (e) restore the registration of such person or a recommendation made in that behalf by the council.

	(3) Where any member has been suspended from membership under proviso to subsection (3) of section 8 of this law ; the name of such person shall be entered in the appropriate Register to be kept and maintained by the Board for the purpose indicating the period of suspension.

	(4)Where the council considers it necessary in the national interest ,that the fact of such suspension should be brought to the notice of the public, it may cause to be published such fact in any national newspaper in Sinhala, Tamil and English.

8H.

(1) Where any chartered Architect, Architect or an Architectural Licentiate ceases to possess the qualifications which entitled to him to registration or becomes subject to any disqualifications set out in subsection (1) of section 8F it shall be the duty of such chartered Architect, Architect or an Architectural Licentiate to notify the Registrar forthwith. The Registrar shall thereupon communicate it to the Board.

	(2) Where a chartered Architect, Architect or Architectural Licentiate registered under this law charges his business or residential address it shall be the duty of that Chartered Architect, Architect or Architectural Licentiate to notify forthwith the registrar, who shall enter the new address in the appropriate registrar.

(3) There shall be removed from the appropriate register the name of every Chartered Architect, Architect or Architectural Licentiate-

(a) who is dead ;

(b) who has made a request in writing addressed to the Registrar, for such removal ;

(c) who has failed to pay the annual renewal fee within a period of not more than three months from the date on which such payment fell due :

8J.

	(1) Any person dissatisfied with a decision of the Board refusing to register any person as a chartered Architect, Architect or Architectural Licentiate or suspending or cancelling the requisition of any person as a chartered Architect, Architect or Architectural Licentiate may appeal from that decision to the Court of Appeal.

	(2) every such appeal shall be in writing shall not out the matters of Law relied on and name the Board as respondent thereto, and shall be lodged with the Registrar of the Court of Appeal, within twenty-one days of the communication of the decision of the Board.

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