Iqssl Rules
Iqssl Rules
Iqssl Rules
RULES
PRELIMINARY
1.
i.
ii.
INTERPRETATION
2.
i.
ii
iii
iv
When any provision of the Act is referred to, the reference is to such
provisions as modified by any Statute for the time being in force.
Unless the context otherwise requires, the expressions defined in the Act
or any statutory modification thereof, for the time being in force, shall
have the meaning so defined.
vi
The Council means the Office Bearers of the Institute and the
Executive members for the time being hereby constituted and hereinafter
defined in the Rule 47 (i) pursuant to section 5 of the Act.
vii
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The Rules means the rules given herein including those amended
altered to or rescinded from time to time in accordance with the Act.
Viii
Ix
Annual Subscriptions and Fees means the subscriptions and fees for
the time being in force as shall become due from or payable by the
Members (Appendix 3 scheduled to the Rules) or such other
subscriptions and fees that may be added or altered or adopted by the
Council from time to time in accordance with the Rules.
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xi
xii
xiii
The Corporate member mean the person for the time being having
membership of the Institute as a Fellow member or Associate member
who also shall be referred to as the Chartered Quantity Surveyor in
accordance with the Act.
xiv
The Non Corporate member means the person for the time being
having membership of the Institute in any of the grades of membership
hereinafter defined, namely Registered member, Graduate member,
Technical member, Probationary member, Subscribing member, and
Student member.
xv
(b)
(c)
(d)
(e)
(f)
xvi
Working day means a day other than Saturday, Sunday and public and
mercantile holiday.
xvii
xviii
xvix
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the masculine gender shall include the feminine and words importing the
singular shall include the plural and vice versa.
MEMBERSHIP
Members and the Register
of the Members
3.
The Corporate members and the Non Corporate members of the Institute as on the
day preceding the date of commencement of the Act and such persons as the
Council shall thereafter admit to membership shall be the Corporate members or
the Non Corporate members of the Institute and their names shall be entered in
the Register of Members accordingly. Nevertheless only those sections of such
register containing the names of the Corporate members shall constitute the
Register of Members kept pursuant to Section 6 of the Act.
Restrictions on
membership
4.
Membership of the Institute shall not be open to any person who is not primarily
concerned with Quantity Surveying and election to membership shall be in
accordance with the membership criteria as described in the Requirements for
Membership (Appendix 2) upon evaluation of application for membership and
would be at the sole discretion of the Council.
No person shall be admitted to the membership of the Institute or shall remain as
a Member of the Institute if he;
i.
has been convicted by a court of law in Sri Lanka or abroad for a criminal
offence as shall be prescribed by the law.
ii.
5.
6.
Change of Address or
Employment
7.
Should any Member of the Institute at any time change, his address or place of
employment he shall forthwith notify the Secretary of the Institute in writing,
giving full particulars.
Special Retention of
membership
8.
Should any Member at any time cease to fulfill any of the conditions of eligibility
appropriate to his grade of membership, he shall forthwith notify the Secretary of
the Institute in writing, giving full particulars of the changed circumstances and
thereafter the continuance or cancellation of his membership or the retention or
amendment of his membership grade, shall lie at the discretion of the Council,
whose decision shall be absolute and final and the Council shall not be obliged to
disclose the reasons for its decision and pending such decision, his membership
and grade thereof shall meanwhile hold good, subject always to the Rules and the
By-laws.
Ceasing of membership
9.
Upon any person ceasing membership of the Institute, notice of the fact shall be
published in the Journal/ Web Site of the Institute and the persons name be
deleted from the Register of Members.
Classification of
membership
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10.
All Corporate members ceasing membership of the Institute shall surrender their
membership certificates to the Secretary of the Institute.
11.
Any Member who has ceased membership of the Institute may be re-admitted to
membership at the absolute discretion of the Council, provided that all the
regulations regarding membership are satisfied.
Confirmation of
fulfillment of Condition of
membership
12.
Every Member of the Institute shall be required once in each year to declare on a
form provided by the Council that he is still engaged in Quantity Surveying
Work, in the manner under which his particular grade of membership was granted
and in conformity with the regulations governing membership. Such forms
provided by the Council may be attached to any printed reminders for payment of
subscriptions circulated to the Members.
Members retired
13.
Any Member of the Institute retiring from practice for any reason whatsoever
shall forfeit his rights of membership, but at the discretion of the Council may be
permitted to become a Subscribing member on payment as prescribed from time
to time by the Council.
14.
The Council alone shall have the power to enroll the Members of the Institute and
to decide whether any person proposed for or seeking membership has or has not
fulfilled the requirements applicable to his case.
15.
The rights and privileges of every Member of the Institute shall be personal to
himself and shall not be transferable or transmissible by his own act or by
operation of law.
16.
The rights and privileges of all Members shall be to enjoy the facilities provided
by the Institute and as provided in the Rules and only the Corporate members
shall have the right of voting on all matters put to a vote. Non Corporate
members, namely Graduate members, Technical members, Probationary
members, Student members, Subscribing members and Registered members shall
not have the right of voting, nominating or seconding in any elections, nor at any
Annual General Meeting, nor Extraordinary General Meeting, of the Institute, nor
of any overseas group thereof and such rights as aforesaid shall be specifically the
rights only of the Corporate members.
Student membership
17.
i.
The Council may register as a Student member of the Institute any person
who complies with the general conditions of admission and the
requirements for the Student membership set out in the Requirements for
Membership (Appendix 2).
ii.
The Council may also register as a Student member of the Institute any
person who is not employed in the Approved Employment but following
a Quantity Surveying Course recognized by the Institute in any one of the
following institutions as an undergraduate or a student.
(a)
(b)
(c)
(d)
Student members of this category shall be required to pay only 50% of the
prescribed amounts of the Annual subscription and the Application
processing fee for the Student membership of the Institute and they will
be exempted from the payment of Admission fee. They shall not be
considered as Student members who are eligible candidates to sit for the
examinations conducted by the Institute but shall be entitled to the
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benefits and the privileges enjoyed by the other members in the Student
membership category of the Institute.
18.
A person shall not remain a Student member of the Institute for a period
exceeding ten (10) years from the date of his registration as a Student member,
save by the express special authority in writing by the Council, lacking which a
Student member shall, upon the expiry of the said period of ten (10) years, forfeit
his membership of the Institute forthwith and his name shall be deleted from the
Register of Members.
19.
20.
The Council may register as a Probationary member of the Institute any person
who complies with the general conditions of the admission and the requirements
for the Probationary membership set out in the Requirements for Membership
(Appendix 2).
21.
A person shall not remain a Probationary member of the Institute for a period
exceeding ten (10) years from the date of his registration as a Probationary
member save by the express special authority, in writing, of the Council, lacking
which, a Probationary member upon the expiry of the said period of ten (10)
years, shall forfeit his membership of the Institute forthwith and his name shall be
deleted from the Register of Members.
22.
Probationary membership
Graduate membership,
Technical membership
and Registered
membership
23.
i.
Graduate membership
The Council may register as a Graduate member of the Institute a
graduate who has been a Student member of the Institute for minimum of
one (01) year prior to the graduation and comply with the general
conditions of admission and the requirements for the Graduate
membership set out in the Requirements for Membership (Appendix
2).
The Council may not register as a Graduate member of the Institute a
graduate who has not been a Student member of the Institute in
accordance with the Rule 17 (ii) above even though the graduate
complies with the general conditions of admission and the requirements
for the Graduate membership set out in the Requirements for
Membership (Appendix 2). However, such graduates shall apply for
Graduate membership of the Institute one (01) year after the date of
graduation.
A person shall not remain a Graduate member of the Institute for a period
exceeding ten (10) years from the date of his registration as a Graduate
member save by the express special authority, in writing, of the Council,
lacking which, a Graduate upon the expiry of the said period of ten (10)
years, shall forfeit his membership of the Institute forthwith and his name
shall be deleted from the Register of Members.
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ii.
Technical membership
The Council may register as a Technical member of the Institute any
person who complies with the general conditions of admission and the
requirements for the Technical membership set out in the Requirements
for Membership (Appendix 2).
iii.
Registered membership
The Council may register as a Registered member of the Institute any
person who complies with the general conditions of admission and the
requirements for the Registered membership set out in the Requirements
for Membership of Institute (Appendix 2).
24.
Associate membership
25.
The Council may register as an Associate member of the Institute any person who
complies with the general conditions of admission and requirements for the
Associate membership set out in the Requirements for Membership (Appendix
2).
Fellow membership
26.
The Council may register as a Fellow member of the Institute any person who
complies with the general conditions of admission and requirements and meets
the selection criteria for the Fellow membership set out in the Requirements for
Membership (Appendix 2).
Honorary Fellow
membership
27.
Determination of
membership
28.
Any Member of the Institute may determine his membership at any time on
giving to the Council written notice of his desire, but he shall nevertheless
continue liable to pay any subscription or arrears of subscription due at the date
of such notice.
ANNUAL SUBSCRIPTIONS
Subscriptions to be paid
29.
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i.
ii.
The Council may amend the Annual Subscriptions and Fees payable by
the Members subject to approval at a General Meeting.
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30.
31.
The Council may expel, for such period as it thinks fit or suspend from the
membership of the Institute, any Member who shall have acted in contravention
to the Rules and the Code of Professional Conduct and Ethics of the Institute
Appendix 4 and in the By-laws (Appendix 1) or who shall in the opinion of the
Council, has been guilty of conduct unbefitting a Member of the Institute,
subject to the following provisions :i.
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ii.
iii.
Any Member to whom notice may have been given as aforesaid, shall
have the right to appeal to the Council stating his case. Upon evaluation
of the appeal or explanation, it is at the sole discretion of the Council to
consider reinstatement or expulsion of a Member who had been
suspended on disciplinary action as mentioned above.
iv.
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v.
For the purpose of this Rule, the Council may act by a committee
appointed by the Council.
MEETINGS
Annual General Meeting
33.
Extraordinary General
Meeting
34.
Notice of Meetings
35.
Not less than fifteen (15) working days notice in writing at the least, shall be
given of every Annual General Meeting and of every meeting convened to pass
special resolution and not less than ten (10) working days notice in writing at the
least shall be given of every other General Meeting. Notice shall be exclusive of
the day on which it is served and of the day for which it is given and shall
specify the place, the day and the hour of Meeting and in the case of special
business, the general nature of that business and shall be given to such persons
(including the Auditors) as are under the Rules or under the Act entitled to
receive such notice from the Institute, provided that a meeting of the Institute
shall notwithstanding that it is called by shorter notice than that specified in the
Rules, be deemed to be duly called if it is so agreed :-
36.
i.
ii.
37.
38.
Ordinary Business at Annual General Meetings shall include the election of the
Executive members of the Council and the Office Bearers of Institute, as defined
herein, the consideration of Accounts and Balance Sheet, the appointment of
Auditors and the fixing of subscriptions and fees payable by the Members and
Auditors fees for the ensuing year, the ordinary report of the President and of
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the Council and such other reports as may be stated on the agenda.
Quorum
39.
40.
Presiding of Meetings
Voting at Meeting
Minutes of Meeting
41.
42.
ii.
The person who presides shall regulate the order and procedures of such
meetings according to the Rules, the By-laws and other regulations as
applicable. He shall call to order and otherwise exercise the normal
duties and rights of the person who is presiding including the right of a
casting vote.
i.
ii.
iii.
43.
Each Corporate member of the Institute entitled to vote shall have one vote on
any one motion. In the case of equality of votes, the Chairman shall have the
casting vote. All votes shall be given personally and proxies shall not be
allowed.
44.
Minutes shall be kept of all Meetings by the Secretary, in books preserved for the
purpose and which shall specifically describe:(a) All elections or appointments.
(b) The names of those Corporate members present.
(c) All resolutions, the results of any voting and all proceedings.
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45.
i.
ii.
Voting at Council
Meeting/ Committee
Meeting/ Board Meeting
iii.
iv.
BY-LAWS
Authority and Application
of By-laws
46.
The Council shall have power by resolution to make, vary and repeal By-laws,
Standing Orders for specific purposes, which shall become binding on the
Members or on a particular class or classes of Members and such By-laws or
Standing Orders shall deal with all matters which by the Rules are left to be
prescribed thereby and all such other matters which shall be made the subject of
By-laws; provided that no By-laws, Standing Orders shall be made which is
inconsistent with, or varied so as to render it inconsistent with the Rules and the
Act; Provided always that any such amendments or additions to the By-laws,
Standing Orders be circulated to all Members whom they affect and due notice
be given to such members before adoption and that any such amendments or
additions to the By-laws be incorporated into any editions thereof published after
the date of such amendments and additions. In the alternative the Council may
by special resolution alter or add to the By-laws or adopt new By-laws in
substitution for the previously in force.
47.
i.
ii.
Council shall meet once each month. The Secretary of the Institute shall
convene an Extra Ordinary Council Meeting if directed by the President
and / or upon receipt of a written requisition signed by at least three (3)
members of the Council, to consider any matter specified by the
President or in such requisition within seven (7) Working days after the
receipt of such direction of the President or such requisition.
COUNCIL
Composition of Council
and its Meetings
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48.
The management of the affairs and business of the Institute shall be vested in the
Council who may exercise all such powers as are by the Act and the Rules or Bylaws required to be exercised by the Institute in a General Meeting, but no new
By-laws made or the Rules adopted shall invalidate any prior act of the Council
which would have been valid if that By-law or the Rules had not been made or
adopted.
49.
The Council may exercise all the powers of the Institute to invest, borrow or
raise money and to mortgage or charge the undertaking and property of the
Institute and to create or issue Debentures, Debenture Stock and other securities
of any description whatsoever.
50.
The Council may elect honorary officers as it may consider desirable, but such
elections shall not constitute those so elected members of the Council or of the
Institute.
51.
Any decisions of the Council, in general business shall be final and binding on
all Corporate members and Non Corporate members of the Institute.
52.
No Office bearer of the Institute nor individual Executive member of the Council
nor a member of any committee nor a member of any board nor any officer shall
have the power to make any official decisions, actions, statements, or
implications construable as officially given by the Council, apart from the power
ordinarily bestowed upon officers and the Chairman as indicated herein, or as
may otherwise be provided by the Council.
53.
The Council may assign any of its duties to Standing or Special committees or
Boards and may create such regulations concerning these committees or boards
as may be necessary provided that the membership of such committees or boards
is restricted to the Corporate members of the Institute with the exception of
committees or boards dealing with education, training, examinations and
research when Non Corporate members may be included, but such Non
Corporate members shall not be entitled to vote at meetings of such committees
or boards.
54.
Any act done in good faith by a member of the Council whose office is vacated
by decease, resignation or disqualification shall be valid unless prior to the doing
of such act, written notice shall have been served upon the Institute or an entry
shall have been made in the Councils Minute Book stating that such member has
ceased to be a member of the Council.
55.
A member of the Council shall not vote in respect of any contract in which he is
interested or an matter arising therefrom and if he does so his vote shall not be
counted.
56.
One third (1/3) of the members of the Council elected for the period shall form a
quorum at a Council Meeting. The Council shall regulate its own procedure,
which may be defined in any Standing Orders which the Council may prescribe,
provided that such Standing Orders to regulate procedure of the Council be
adopted or amended, only by resolution in Council supported by at least two
thirds (2/3) of the members of the Council present at the meeting.
57.
The continuing members of the Council may act notwithstanding any vacancy
therein and if and so long as, the number of members of the Council is reduced
below the number fixed by, or pursuant to, the Rules of the Institute as the
necessary quorum thereof, the continuing members may act for the purpose of
increasing the numbers to that number or to summon a General Meeting of the
Institute, but for no other purpose.
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Remuneration for
members of the Council/
Committees/ Boards
58.
i.
ii.
The foregoing shall not debar reasonable payment for the services of
examiners for any examinations of the Institute, be the examiners,
Members of the Institute or not. Provided always that :(a)
(b) The rate of the remuneration paid to such members of the Council
shall not exceed that paid to examiners who are not members of
the Council.
(c)
The President
59.
The President of the Institute shall be a Fellow member of the Institute eminent
as a Quantity Surveyor who held the office as the Vice President of the Institute
at the conclusion of the preceding year and shall retain office and serve in
honorary capacity for two (2) consecutive years unless removed or resign from
the office or the Institute in accordance with the Rules. The President so
appointed shall not hold the office for more than two (2) years consecutively.
60.
Persons who have held the office of President of the Institute shall be designated
on all lists of Members of the Institute and Office bearers of the Institute as Past
Presidents of the Institute.
61.
The Vice President of the Institute shall be a Fellow member of the Institute
eminent as a Quantity Surveyor who is presently a Council member with at least
three (3) years standing as an Executive member of the Council. The Vice
President shall be nominated by the Council prior to and shall be elected each
year at the annual General Meeting and shall remain office and serve in honorary
capacity for two (2) consecutive years unless removed or resign from the office
or the Institute in accordance with the Rules. The Vice President so elected shall
not hold the office for more than two (2) years consecutively. The benefits
brought to the Institute by an individual as a Corporate Member or a Council
Member shall be recognized as a qualification for nomination to the vice
presidency. Vice President may be empowered to act as a deputy to the President
when a deputy is necessary.
When counting the required number of years standing as a member of the
Council it shall not necessarily be consecutively.
The Secretary
62.
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The Secretary of the Institute shall be a Fellow member of the Institute who is
presently a Council member with at least two (2) years standing as an Executive
member of the Council and shall be nominated by the Council prior to and shall
be elected each year at the Annual General Meeting and shall retain office and
serve in honorary capacity until the next ensuing Annual General Meeting unless
removed or resign from the office or the Institute in accordance with the Rules.
The Secretary so elected shall not hold office for more than two (2) years
consecutively.
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In the event of a Fellow member is not available for nomination, the Council
shall have the right to nominate an Associate member with at least two (2) years
standing as an Executive member of the Council for the post of Secretary.
When counting the required number of years standing as a member of the
Council it shall not necessarily be consecutively.
The Treasurer
63.
The Treasurer of the Institute shall be a Fellow member of the Institute who is
presently a Council member with at least two (2) years standing as an Executive
member of the Council and he shall be nominated by the Council prior to and
shall be elected each year at the Annual General Meeting of the Institute and
shall retain office and serve in honorary capacity until the next ensuing Annual
General Meeting unless removed or resign from the office or the Institute in
accordance with the Rules. The Treasurer so elected shall not hold office for
more than two (2) years consecutively.
In the event of a Fellow member is not available for nomination, the Council
shall have the right to nominate an Associate member with at least two (2) years
standing as an Executive member of the Council for the post of Treasurer.
When counting the required number of years standing as a member of the
Council it shall not necessarily be consecutively.
64.
65.
Executive Members
of the Council
66.
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At each Annual General Meeting of the Institute, four (4) Executive members of
the Council shall retire from office, but every such retiring Executive member
shall be eligible for re-election and unless he shall signify his desire to the
contrary, shall be automatically nominated for re-election.
68.
The four (4) Executive members aforesaid shall be those who have been longest
in office. As between two or more who have been in office an equal length of
time, the Executive member or Executive members to retire shall be determined
between the Executive members concerned themselves, or in default of
agreement between them, be determined by lot by the Council. The length of
time an Executive member has been in office shall be computed from his last
election or appointment.
69.
In the event of any Executive members of the Council desiring to resign from
office at an Annual General Meeting, the number thereof shall be included in the
list of four (4) Executive members to retire aforesaid. Executive members elected
to fill casual vacancies as provided in the Rule 80 shall also be included in the
list of four (4) Executive members aforesaid subject to the Rule 66.
70.
Provided that where the number of any Executive members resigning from office
at the Annual General Meeting together with the number of Executive members
elected to fill casual vacancies exceed four (4) Executive members to retire as
aforesaid, then the number to retire shall be the total of such retiring members
together with those filling casual vacancies and in these circumstances the Rules
67 and 68 shall not apply.
71.
The Executive members of the Council to retire from office and those to stand
for re-election as provided herein shall be determined by the Council prior to the
preparation the list for election if necessary, at the Annual General Meeting.
72.
Any Corporate member may be nominated in writing by at least two (2) other
Corporate members of the Institute to stand for election as an Executive member
of the Council. Provided that such nomination be accompanied by the nominated
members written agreement to stand for election and be received at the office of
the Institute at least eight (8) weeks prior to the date of the Annual General
Meeting of the Institute, any such nominations received after such closing date to
be disqualified.
73.
At least Twelve (12) weeks notice prior to the Annual General Meeting shall be
given to all Corporate members of the Institute (for which purpose a notice in the
Journal or Web Site of the Institute may be deemed full and proper notice) of the
provisions of the Rule 72 and stipulating a closing date for return of any
nominations as provided therein, which closing date shall provide four (04)
weeks interval after the date of the notice.
74.
75.
It shall be stipulated on the notification requesting nominations list that they shall
be returned to the Secretary and be received by him not later than two (2) weeks
before the date of the Annual General Meeting of the Institute. Any Nomination
list returned after that date shall be disqualified and rejected.
76.
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Disqualification of
Council Members
77.
78.
The Document requesting for nominations where necessary, at the sole discretion
of the Council shall indicate, in addition, all persons nominated by the Council as
Office bearers of the Institute and the names of Executive members of the
Council who are remaining in office.
79.
80.
Any casual vacancy occurring among the Executive members of the Council or
among the Office bearers of the Institute may be filled by the Council, which
shall also have power to fill any such vacancy left open at the Election in the
Annual General Meeting. Any member so appointed shall retire at the next
ensuing Annual General Meeting and shall be eligible to stand for re-election.
81.
Notice of any change in the Executive members of the Council or in the Office
bearers of the Institute shall be given to the Members of the Institute. For this
purpose, notice in the Journal or Web Site of the Institute as soon as possible
after the amendment, shall be taken as adequate. Specific written notice shall be
served on all Executive members of the Council and Office bearers of the
Institute.
82.
Casual vacancies may be created by the decease of any member of the Council or
Office bearer of the Institute, or by his resignation in writing submitted to the
Secretary, or by his disqualification under the Rule 83.
83.
The office of a member of the Council shall be vacated or left vacant if the
member :-
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i.
Holds any office of profit under the Institute (except as provided under
the Rule 58); or
ii.
iii.
iv.
Absents himself from the Meetings of the Council for three (3)
consecutive Council Meetings without special leave of absence from the
Council; or
v.
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vi.
vii.
viii.
ix.
x.
dies. Or
xi.
A member of the Council who holds some other office in the Institute shall on
ceasing to be a member of the Council vacate that office.
Other Officers and
Officials
84.
i.
The Council may at any time appoint or dismiss such other officers or
officials, servants or staff, as may in their opinion be found necessary.
ii.
ACCOUNTS
85.
The Council shall cause proper books of account to keep with respective to
income & expenditure assets & Liabilities and all transactions of the Institute.
The books of accounts shall be kept at the Registered Office or at such other
place or places as the Council may determine and subject to any reasonable
restrictions as to the time and manner of inspecting the same which may be
imposed by the Institute in General Meeting, the books shall be open to the
inspection of the Corporate members of all times during the usual business
hours.
86.
The Council shall from time to time cause to be prepared and to be laid before
the Institute in General Meeting such income and expenditure accounts, balance
sheets and reports as are required by the Act.
87.
88.
The Auditors shall be appointed and their duties regulated in accordance with the
Act.
89.
A notice may be served upon any Member of the Institute either personally or by
sending it through the post in a letter or electronic mail addressed to such
member at his last address (communication or permanent) registered with the
Institute.
AUDITORS
NOTICE
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90.
Any notice, if served by post or electronic mail shall be deemed to have been
served at the time when the letter containing the same would be delivered in the
ordinary course of the post or electronic mail and in proving such service it shall
be sufficient to prove that the letter containing the notice was properly addressed
and posted/ electronic mailed.
91.
No Member of the Institute not having a registered address within Sri Lanka
shall be entitled to any such notice and all proceedings may be had and taken
without notice to such member in the same manner as if he had due notice.
92.
The members of the Council, committees and boards and Office bearers of the
Institute shall be indemnified and saved harmless out of the funds of the Institute
from and against all law suits, charges, costs, losses, damages and expenses
which they or any of them shall or may incur or sustain in or about the execution
of their respective offices, or in furtherance of the objects of the Institute, except
such charges or expenses as shall be incurred or sustained by them through their
own willful default and none of them shall be answerable for the others of them,
nor for joining in any receipt for the sake of conformity only, nor for the
solvency or honesty of any banker, broker or other person with whom any
monies or effects belonging to the Institute may be lodged or deposited for safe
custody, sale investment or otherwise, nor for any insufficiency of any security
on which any monies of the Institute shall be placed out or invested, nor or any
misfortune loss or damage which may happen in the execution of their respective
offices or in any way in relation thereto, unless the same shall happen by or
through their own willful default.
INDEMNITY
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