Sri Lanka Consolidated Acts

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Sri Lanka Institute Of Architects Law (No. 1 of 1976) - Sect 8

Disqualification for membership and disciplinary powers and procedure

8.
(1) No person shall be admitted as a member of the Institute-
(a) if he has been adjudged by a competent court, whether in Sri Lanka or elsewhere, to be of unsound mind;
(b) if having been adjudged an insolvent or bankrupt by a competent court, whether in Sri Lanka or elsewhere, he has not been granted by such court a certificate to the effect that his insolvency or bankruptcy has arisen wholly or partly from unavoidable losses or misfortune; or
(c) if he has been convicted by a competent court, whether in Sri Lanka or elsewhere, of any offence as shall be prescribed by regulation or of any offence involving moral turpitude and punishable with imprisonment or similar punishment, and has not been granted a free pardon.
(2) The Council shall disenrol any member who becomes subject to any of the disqualifications specified in paragraphs (a), (b) and (c) of subsection (1) of this -section :
(3) The Council shall disenrol any member who in its opinion has been guilty of professional misconduct :
(4) The Council shall not disenrol, suspend from membership, or reprimand any member under the preceding provisions of this section, unless a Disciplinary Committee appointed by the Council has, after inquiry, made a report to the Council that such member has become subject to any of the aforesaid disqualifications or has been guilty of professional misconduct.
(5)
(a) Where a Disciplinary Committee appointed by the Council is of the opinion that the evidence of' any person or the production by any person of any document would be relevant to or necessary for such inquiry, it shall have the power by a notice in writing to require such person to attend at such time and place as shall be specified in such notice, in order to give evidence or to produce such document.
(b) A Disciplinary Committee appointed by the Council shall have power to administer oaths and affirmations to all persons who are required to give evidence before such Committee, and any person who wilfully gives false evidence upon oath or affirmation shall be guilty of an offence under this Law.
(c) Any person who, having been served with a notice under paragraph (a) of this subsection, fails or refuses without reasonable cause to attend or to give evidence or to answer any question or to produce any document referred to in such notice or to be sworn or affirmed, shall be guilty of an offence under this Law:
(6)
(a) The member in respect of whom a Disciplinary Committee has made such a report, may appeal against such report, or against the decision of the Council consequent upon such report, to the Supreme Court.
(b) Every such appeal shall be made by a petition in writing bearing a stamp of ten rupees, setting out the matters of law relied upon, and naming the Institute as the Respondent thereto, shall be lodged in the Registry of the Supreme Court within twenty-one days of the date of communication of the decision of the Council, and shall be heard and determined by the Supreme Court after such inquiry as it may deem necessary.


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