Construction Development Act - Part ii

Part 2

Section I (NATIONAL POLICY ON CONSTRUCTION AND ITS IMPLEMENTATION)

The section I, has described the formulation of National Policy on Construction as follow;

“The National Advisory Council on Construction established under Part II of this Act, shall formulate a National Policy on Construction and such policy shall comprise matters relating to the construction industry and its goals.”

Section ii (NATIONAL ADVISORY COUNCIL ON CONSTRUCTION)

The section ii, described the formation of National Advisory Council and its objectives.

The National Advisory Council on Construction comprising following key persons.

·         Secretary to the Ministry of the Minister in charge of the subject of Construction who shall be the Chairman of the Council

·         Secretary to the Ministry/or an officer not below the rank of a Senior Assistant Secretary of the Minister in charge of the subject of Urban Development, Highways, Water Supply and Drainage, Irrigation, Housing, Vocational and Technical Training

·         Another fifteen members appointed by the  Minister representing professionals including,

ü  President/his representative of the Institute of Quantity Surveyors, Institution of Engineers, Institute of Architects, Institute of Town Planners, Association of Consulting Engineers, Institution of Incorporated Engineers and etc.

The main objective of the National Advisory Council is to formulate and amends the national policy on construction and its implementation mechanism and its other objects area as follow;

·         Make representations to the Minister on any need for the development of the construction industry;

·         Advise the Minister and make recommendations on any regulation to be made under this Act;

·         Advise and make recommendations to the Authority on strategic issues, policies and legislative proposals that may affect or which is incidental or connected with the construction industry; and

·         Propose measures to the Authority which are necessary for the development and sustenance of the construction industry.

Section iii (CONSTRUCTION INDUSTRY DEVELOPMENT AUTHORITY)

The section iii, described the formulation of Construction Industry Development Authority as follow;

“ There shall be established an authority called and known as the “Construction Industry Development Authority”

The management and administration of the affairs of the Authority shall be vested in a Board of Management and it shall comprise members from government ministries and professional institutions as follow;

·         Secretary to the Ministry of the Minister in charge of the subject of Construction and subject of Finance.

·         Twelve members from professional institutions including a member of the Sri Lanka Institute of Quantity Surveyors, Institution of Engineers, Sri Lanka Institute of Architects and etc. who shall nominated by the respective institutions.

The Minister shall appoint one of the appointed members, to be the Chairman of the Board.

While the National Advisory Council responsible for formulate and amends the National Policy on Construction, the Authority responsible for the implementation of the policy.

The Director-General of the Authority shall appoint by the Authority and he shall perfume under the direction and control of the Chairman of the Board. He shall responsible for the administration and control of the employers of the Authority. The Authority may appoint employers as it may consider necessary for the efficient exercise, discharge and performance of its powers, duties and functions under this Act and

Main objects of the Authority are;

·         Provide strategic leadership to the stakeholders of the construction industry to stimulate sustainable growth, reform, and improvement of the construction sector;

·         Register and renew such registration of the stakeholders of the construction industry

·         Promote sustainable growth of the construction industry with special attention to the design and development of energy efficient buildings and structures;

·         Promote appropriate research and dissemination and publication of research work on any matter relating to the construction industry and its development;

·         Formulate, in consultation with other relevant authorities, the standards in construction industry and categorize such standards as compulsory and voluntary standards; and

·         Implement the codes of conduct, practices, procedures and processes and documentations relating to construction industry as being formulated by the Authority.

Following are the key functions of the Authority.

ü  Formulate strategies for the development of the construction industry;

ü  Collate and publish materials and information pertaining to the construction industry;

ü  Promote best practices relating to the construction industry;

ü  Implement the standards in construction work including the standards relating to quality of materials used and workmanship in consultation with the other relevant bodies;

ü  Provide for the registration and grading of construction contractors;

ü  Provide for the registration of property developers and to grade them under financial and marketing capabilities;

ü  Provide for the registration of persons competent to function as adjudicators on contractual disputes;

ü  Maintain a Register of qualified persons

ü  Provide for the registration and issuing of Craft Identity Cards to skilled workers

ü  Maintain a directory of heavy construction plant, machinery and equipment

ü  Promote and facilitate local consultancy services pertaining to construction industry and the

ü  undertaking of consultancy services in other countries by local consulting firms;

ü  Establish standards for technical auditing and monitoring of the construction and management processes and the outcome of construction works which include compliance with stipulated conditions and approved standards;

ü  Promote and facilitate locally registered contractors undertaking construction works in other countries;

Some functions like registration and grading of construction contractors and publish materials and information pertaining to the construction industry, are currently functioning through the ICTAD and hereafter the Authority will function those instead of the ICATD.

Also the act provides provision to absorb the ICATD to the authority. According to the provision for absorption, ICTAD staff be offered employment in the Authority and it’s all property, contract, rights, liabilities and obligations and etc. deemed to be the rights, liabilities and obligations of the Authority;

The Authority shall appoint in consultation with relevant authorities, the following committees to formulate standards, rules and regulations in the Construction Industry:

ü  Committee on Technical Standards, Rules and Regulations;

ü  Committee on Environmental and Public Health Standards;

ü  Committee on Ethical and Social Responsibility Standards.

Next Part 3 : Section iv to v

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