Tuesday, 8 September 2015

Construction Development Act - part vi

Short coming in the Act

The act provides provision to maintain a register of qualified persons. Also professional institution acts like IQSSL act also provide provision to maintain their qualified person register. Because of that there may be discrepancy between the professional institutions register and the Authorities’ register.
 For an example, a member who expel or suspend the membership of IQSSL,  may not listed as a member of IQSSL whereas the Authority’s qualified persons list may listed  as the same person as a qualified person due to communication delay. Therefore it’s important to maintain effective communication link between institutions and the Authority.

Another shortcoming is the both the Authority and professional institution are having authority to investigate complaint against qualified members/members and take actions.
If there is a complaint against a member submitted to respective institution, and therefore or before, the same may submitted to the Authority, what is the situation?
Are both entities going to hear the case and make decision?
What is the situation, if the decision given by two entities is differ?
Therefore there should be provision to hold one enquires by one entity or both shall jointly appoint a one committee to hear the complaint.

Another thing is, currently some countries like china provides funds for construction of road and building and according to the agreement between Sri Lankan government and funder it’s required to award the construction to a contractor from funders country (e.g: Chinese contractor) and   moreover consultant and even a specified percentage of labours and craftsmen also shall from funders country. Accordingly, it is illegal to employee foreign craftsman when those are locally available.
However will foreign funders agree to not to employee foreign craftsman?
If not, this provision may adversely affect to receive loan from such countries.


The act wills exactly a reason for the positive movement of the construction industry. It has addressed all major aspects in the industry. Especially it has addressed the welfare of craft persons in industry. However it will caused to increase the construction cost due to the new levy. Moreover it seems some sections of the act needed to well coordinate with other act related to professional institutions. For an example, disciplinary action procedure against a charted engineer (qualified person) specified in both constructions act and the IESL act independently.


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