Construction Industry Development

• Coming into Force: 16 October 2014
• Act Number: 33
• Year: 2014
• Citation: No. 33 of 2014

Contenidos

• Short title, date of operation and application.
• National policy on Construction.
• Implementation of National Policy.
• Establishment of the National Advisory Council on Construction.
• Constitution of the Council.
• Objectives of the Council.
• Meetings of the Council.
• Establishment of the Construction Industry Development Authority.
• Management and administration of the affairs of the Authority.
• Meetings of the Board.
• Seal of the Authority.
• Objects of the Authority.
• Functions of the Authority.
• Powers of the Authority.
• Director-General of the Authority.
• Staff of the Authority.
• Appointment of Public Officers.
• Appointment of committees for implementation of construction standards.
• Construction Industry Development Fund.
• The management and administration of the Development Fund.
• Audit of accounts.
• Application of Finance Act, No. 38 of 1971.
• Fund of the Authority.
• Audit of accounts.
• Application of provisions of the Finance Act, No. 38 of 1971.
• Register of Qualified Persons.
• Credential Committes and its functions.
• Only qualified persons to engange in identified construction works.
• Records to be maintained.
• Qualified persons to adhere to standards.
• Local authority approval for identified construction works.
• Conduct of investigations against qualified persons.
• Engagement of foreign consultants.
• Register of Contractors.
• Procedure for registration of contractors and renewal of registration.
• Suspension or cancellation of a Cerificate of Registration.
• Appeals against refusal to register a contractor And C.
• Employment of registered contractors in identified construction works.
• Registration and employment of foreign contractors.
• Monitoring of contractors.
• Register of Property Developers
• Procedure for registration of property developers and renewal of registration.
• Directory of importers, manufactures, and suppliers of construction materials and components.
• Directory of heavy construction machinery and equipment.
• Technical Auditing.
• Standard documents specified by the Authority to be used.
• Human resource development.
• Skilled persons.
• Registration of Skilled Construction Workers,Construction Site Supervisors,Middle Level Technical Officers and other professionals inthe construction industry.
• Settlement of disputes through conciliation or mediation by the Authority.
• Right to refer for adjudication.
• Register of Adjudicators.
• Establishment of Appeals Board.
• Hearing and determination of appeals.
• Authority to maintain a National Data Base for the construction industry.
• Offences.
• Rules.
• Regulations.
• Delegation of powers.
• Power to enter any land or premises.
• Resisting or obstructing the Authority And c.
• Members,officers and servants of the Authority deemed to be public servants.
• Scheduled Institution within the meaning of the Bribery Act.
• Expenses incurred in any suit or prosecution.
• Repeals and Savings.
• Sinhala text to prevail in case of inconsistency.
• Interpretation.

Short title, date of operation and application.

1. (1) This Act may be cited as the Construction Industry Development Act, No. 33 of 2014 and shall come into 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.

National policy on Construction.

2. (1) The National Advisory Council on Construction established under Part II of this Act, shall formulate a NationalPolicy on Construction and such policy shall comprise 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 involvementof professionals within the construction industry, including resource personnel in the field of traditional knowledge.

Implementation of National Policy.

3. The Minister may, from time to time, for the purpose 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.

Establishment of the National Advisory Council on Construction.

4. There shall be established a council which shall be called the National Advisory Council on Construction (hereinafter referred to as the "Council") and shall consist of the members as specified in section 5.

Constitution of the Council.

5. (1) The Council shall consist of - (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; (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 (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 ConsultingEngineers, 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; (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 (e) if he holds or enjoys any right or benefit under any contract made by or on behalf of the Construction Industry evelopment 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 aterm of three...