ENGINEERING COUNCIL, SRI LANKA ACT

Arrangement of Sections

1. Short title.

PART I

ESTABLISHMENT OF THE ENGINEERING COUNCIL, SRI LANKA

2. Establishment of the Engineering Council, Sri Lanka.

3. Constitution of the Council.

4. Chairman of the Council.

5. Financial interest of the members.

6. Disqualifications to be a member.

7. Ex-officio members.

8. Provisions relating to appointed members.

9. Meetings of the Council.

10. The seal.

11. Remuneration for attending meetings of the Council.

PART II

POWERS AND FUNCTIONS OF THE COUNCIL

12. Functions of the Council.

13. Powers of the Council.

PART III

REGISTRATION AS ENGINEERING PRACTITIONERS

14. Engineering Practitioners to register under this Act.

15. Application for registration as an Engineering Practitioner.

16. Cancellation or suspension of registration.

17. Use of abbreviated designations.

18. Registration of foreign engineers.

PART IV

APPEALS

19. Appeals.

20. Appeals Board.

PART V

APPOINTMENT OF THE CHIEF EXECUTIVE OFFICER AND STAFF OF

THE COUNCIL

21. Appointment of the Chief Executive Officer of the Council.

22. Staff of the Council.

23. Public officers to be appointed to the staff of the Council.

24. Registrar.

25. Registers to be kept by Registrar.

PART VI

FINANCE

26. Fund of the Council.

27. Council to maintain accounts.

28. Financial year and audit of accounts.

29. Investment of funds.

30. Borrowing powers of the Council.

PART VII

GENERAL

31. Annual report.

32. Declaration of secrecy.

33. Delegation of powers of the Council.

34. Directions by the Minister.

35. Officers and employees of the Council deemed to be public officers.

36. Council deemed to be a Scheduled Institution.

37. Expenses in suit or prosecution to be paid out of the Fund.

38. Regulations.

39. Rules.

40. Offences and penalties.

41. Interpretation.

42. Sinhala text to prevail in case of inconsistency.

SCHEDULES

4 of 2017.

AN ACT to provide for the establishment of the Engineering Council, Sri Lanka which shall be responsible for the maintenance of professional standards and conduct of Engineering Practitioners; registration of different categories of Engineering Practitioners; and to provide for matters connected therewith or incidental thereto.

[Date of Commencement: 10th March, 2017]

1. Short title.

This Act may be cited as the Engineering Council, Sri Lanka Act.

part I

Establishment of the
Engineering Council, Sri Lanka

2. Establishment of the Engineering Council, Sri Lanka.

(1) There shall be established a Council which shall be known as the Engineering Council, Sri Lanka (hereinafter referred to as the “Council”).

(2) The Council shall by the name assigned to it by subsection (1) be a body corporate and shall have a perpetual succession and a common seal and may sue and be sued in that name.

3. Constitution of the Council.

The Council shall consist of the following—

(a) four ex-officio members, namely—

(i) three Deans of the Faculties of Engineering or their representatives not below the rank of a Professor, nominated by each University and appointed by the University Grants Commission established under the Universities Act, No. 16 of 1978;

(ii) Director-General of Tertiary and Vocational Education Commission established under the Tertiary and Vocational Education Commission Act, No. 20 of 1990 or his representative;

(b) thirteen members appointed by the Minister (hereinafter referred to as the “appointed members”) in following manner—

(i) seven Chartered Engineers representing different engineering disciplines in rotation for every two years, nominated by the Institution of Engineers, Sri Lanka established by the Institution of Engineers, Sri Lanka Act, No. 17 of 1968;

(ii) four members representing different engineering disciplines in rotation for every two years, nominated by the Institution of Incorporated Engineers of Sri Lanka established by the Institution of Incorporated Engineers of Sri Lanka (Incorporation) Act, No. 64 of 1992;

(iii) one Chartered Engineer nominated by the Sri Lanka Engineering Service; and

(iv) one representative from the Engineering Technicians nominated by the Tertiary and Vocational Education Commission established under the Tertiary and Vocational Education Act, No. 20 of 1990.

4. Chairman of the Council.

(1) The Minister shall appoint one of the Chartered Engineers from among the appointed members to be the Chairman of the Council.

(2) The Chairman shall not engage in any paid employment outside the duties of his office, without the approval of the Minister.

(3) The Chairman may resign from the office of Chairman by letter addressed to the Minister and such resignation shall be effective from the date on which it is accepted by the Minister.

(4) The Minister may for reasons assigned remove the Chairman from the office of Chairman.

(5) Subject to the provisions of subsections (3) and (4) the term of office of the Chairman shall be the period of his membership of the Council.

(6) Where the Chairman is temporarily unable to perform the duties of the office due to ill health, other infirmity, absence from Sri Lanka or any other cause, the Minister may appoint any other Chartered Engineer from among the appointed members to act as the Chairman in addition to his normal duties as an appointed member.

5. Financial interest of the members.

(1) The Minister shall, prior to appointing a person as a member of the Council , satisfy himself that such person has no financial or other interest in the affairs of Council, as is likely to affect prejudicially, the discharging of his functions as a member of the Council.

(2) The Minister shall also satisfy himself, from time to time, that no member of the Council has since being appointed acquired any such interest.

(3) —

(a) a member of the Council who is in anyway, directly or indirectly, interested in any contract made or proposed to be made by the Council shall disclose the nature of his interest at a meeting of the Council; and

(b) such disclosure shall be recorded in the minutes of the Council and the member shall not participate in any deliberation or decision of the Council with regard to that contract.

(4) For the purposes of this section “a member of the Council” includes the Chairman, an appointed member and an ex-officio member.

6. Disqualifications to be a member.

A person shall be disqualified from being appointed or continuing as a member of the Council, if such person—

(a) is or becomes a member of Parliament, any Provincial Council or of any Local Authority;

(b) is not, or ceases to be, a citizen of Sri Lanka;

(c) directly or indirectly holds or enjoys any right or benefit under any contract made by or on behalf of the Council;

(d) 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;

(e) absents himself from three consecutive meetings of the Council without obtaining prior approval from the Council;

(f ) is under any law in force in Sri Lanka or any other country, found or declared to be of unsound mind;

(g) is a person who having been declared as insolvent or bankrupt under any law in force in Sri Lanka or in any other country, is an undischarged insolvent or bankrupt; or

(h) is serving or has served a sentence of imprisonment imposed by any court in Sri Lanka or any other country.

7. Ex-officio members.

Every ex-officio member of the Council shall hold office as long as such officer holds office by virtue of which such officer has been appointed to the Council.

8. Provisions relating to appointed members.

(1) Every appointed member of the Council shall, unless he vacates office earlier by death, resignation, or removal, hold office for a period of two years, and shall be eligible for re-appointment, unless removed on disciplinary grounds.

(2) The Minister may for reasons assigned remove any appointed member from office.

(3) Any appointed member may resign from office at any time by letter addressed in that behalf to the Minister and such resignation shall take effect upon it being accepted by the Minister.

(4) —

(a) In the event of the death, resignation or removal from office of any appointed member, the Minister may having regard to the provisions of this Act in relation to the appointment of that particular appointed member, appoint another person to act in his place.

(b) The Minister shall appoint a member for the purposes of paragraph (a) within one month occurrence of the vacancy.

(c) The member appointed under paragraph (a) shall hold office for the unexpired period of the term of office of the member whom he succeeds.

(5) Where any appointed member is temporarily unable to perform the duties of the office due to ill health or absence from Sri Lanka or for any other reason, the Minister may having regard to the provisions of section 3(b) appoint another person to act in his place.

(6) Subject to the preceding provisions an appointed member may continue to hold office, after lapse of the period of two years referred to in subsection (1), until he is re-appointed or a new member is appointed by the Minister.

9. Meetings of the Council.

(1) The Chairman shall preside at every meeting of the Council. Where the Chairman is absent, the members present shall elect a Chairman for that meeting from among themselves.

(2) —

(a) All matters for decision by the Council shall be dealt with at a meeting of the Council and shall be determined by the majority of the members present and voting.

(b) In the event of an equality of votes on any question considered at a meeting the Chairman of that meeting shall have a casting vote in addition to his original vote.

(c) All decisions of the Council supported by reasons, shall be in writing and the seal of the Council affixed thereto.

(3) Any member of the Council may by written notice, request the Chairman to call a meeting and the Chairman shall not otherwise than for reasons assigned refuse to do so.

(4) No act, decision or proceeding of the Council, shall be deemed to be invalidated by reason only of the existence of any vacancy of the Council or any defect in the appointment of any member thereof.

(5) The quorum for any meeting of the Council shall be nine members.

(6) Subject to the preceding provisions of this section, the Council may regulate the procedure in regard to the meetings of the Council and the transaction of business at such meeting.

10. The seal.

(1) The seal of the Council shall be as determined by the Council.

(2) The seal of the Council—

(a) may be altered in such manner as may be determined by the Council;

(b) shall be in the custody of such person or persons as the Council may, determine;

(c) shall not be affixed to any instrument or document without the sanction of the Council and except in the presence of two members of the Council, both of whom shall sign the instrument or document in token of their presence.

(3) The Council shall maintain a register of documents to which the seal of the Council has been affixed.

11. Remuneration for attending meetings of the Council.

The members of the Council may be paid such remuneration for attendance at meetings of the Council, as may be determined by the Minister with the concurrence of the Minister assigned the subject of Finance.

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