Constitution and By-Laws

Constitution and By-Laws

 PART 1- CONSTITUTION

SECTION 1- TITLE

1.01     The title of the Institute is “The Institute of Clerk of Works Kenya” hereinafter called “THE INSTITUTE” or “ICWK”

SECTION 2- DEFINITIONS

2.01     “The Institute” means the Institute of Clerk of Works  Kenya (ICWK)

2.02     “Branch” means a Branch of the Institute established under the provision of the By-Law.

2.03     “East Africa means and includes Kenya, Uganda, Tanzania,Rwanda and Burundi and South Sudan

2.04     “Over Seas” means countries beyond the boundaries of East Africa.

2.05     “Registered address” means the address of a member for the reception of communication as given on the proposal for his election or transfer,or subsequently varied by notice in writing to the Institute.

2.06     “Year” when occurring in Part II of the By-laws means the period from any Annual General Meeting to the next succeeding Annual General Meeting.

 

SECTION 3- OBJECTIVES OF THE INSTITUTE

3.01     To promote the general advancement of the practice of                                  Objectives

Clerk of Works and Construction Inspectorate in its application

in Kenya including  the facilitating and the exchange of information

of the Institute  and otherwise.

 

3.02   To provide a central organization for Clerks of Works and for persons

qualified to be so employed; to support, and associate with any other body

or organization formed for any, or all, of the objectives of the Institute.

 

3.03   To do all things which the Council of the Institute may deem proper,

including advising the Government, Public Bodies and other

individuals on matters concerning Clerk of works and Construction

Inspectorate.

 

3.04    To Co-operate with Educational Institutions and Public Educational Authorities

for furtherance of Education and Training in Construction Inspectorate

3.05          To print, publish, sell, lend and distribute the proceedings or reports

of the Institute or any papers, communications, works or treaties on

Clerks of Works and Construction Inspectorate or its applications

or subject connected therewith.

 

3.06     To do all other things incidental or conducive to the attainment of the

objectives or any of them.

 

3.07   To admit eligible persons to membership, in accordance with the

Institute’s regulations

 

3.08   To facilitate the acquisition of knowledge and information relating to

matters of professional interest by conference, enquiry, or research, and

diffuse such knowledge and information among Members of the Institute

and other persons engaged in the Construction Industry.

 

3.09     The Institute shall have no political objective.

 

SECTION 4- ORGANIZATION

 

4.01     The Headquarters of the Institute shall be located in                                              Head-quarter

Nairobi, until otherwise determined by the council.

 

4.02     Branches may be formed in any counties when requested                             Branches

by Members resident there.

The council will issue guidelines from time to time on the

operations of the branches.

 

4.03     In order to further the aims and objects of the Institute,                   Standing

the Council may at their discretion set up standing                            Committees

committees to advice the council on academic and

professional standards, membership, training and other

such matters.

 

4.04     The council shall establish a secretariat to carry out such                   Secretariat executive functions as are necessary to allow the council

to discharge its administrative responsibilities.

 

4.05     In order to further the aims and objectives of the Institute                Specialist

the council may at its discretion establish specialist                           sections

sections of the Institute. Membership of such specialist

sections shall be open to all members of the Institute

who declare that they are interested in the activities of the

sections. Each such specialist sections / chapter shall be

constituted and their affairs shall be conducted in accordance

with regulations and guidelines made from time to time by Council.

SECTION 5- MEMBERSHIP

5.01.   Membership shall be open to any person of any nationality              Members of the

who is eligible and qualified for membership                                      Institute

 

5.02   Membership shall include persons from time to time elected or

transferred to any class of Membership in accordance with these

By-Laws

 

5.03     The members of the Institute shall comprise corporate                      Class of

and Non-corporate members. Corporate members shall                     membership

be Fellows, Corporate.

 

5.04     Non-corporate members shall be Honorary, Visiting,                         Qualification

Associate, Technician and Student Members.                                    Of membership

 

5.05     The voting members at the Annual general meetings or                    Voting

meetings of the council shall be the Fellows, Corporate,

Associate and Technician members.

 

5.06     Fellow Members shall be persons who were declared to                 Definitions

be Fellow members at the inaugural meeting of the                           of membership

Institute and thereafter, shall be persons who have passed

prescribed examinations and have fulfilled such

conditions as By-laws prescribe.

 

5.07   Corporate Members shall be persons who were declared to

be corporate members at the inaugural meeting of the Institute

and thereafter shall be persons who have passed prescribed

examinations and have fulfilled such conditions as the By-laws

prescribe.

 

5.08 Associate Members shall be persons who were declared to be

Associate members at the inaugural meeting of the Institute and

thereafter shall be persons who have passed examinations as the

By-Laws prescribe.

 

5.09  Visiting Members shall be persons who are resident in Kenya for

not more than one year and have fulfilled such conditions as the

By-Laws prescribe.

 

 

5.10    Technician Members shall be persons who have passed prescribed

examination and have fulfilled such conditions as the By-Laws prescribe.

 

5.11     Student Members shall be persons undergoing training in approved training Institutions and have fulfilled such conditions as the By-Laws prescribe.

5.12     The name and address of every member of the Institute                   Register of

shall be maintained at the Secretariat of the Institute in                    membership

the appropriate class of membership and such other

particulars as the council may from time to time prescribe

Such Register shall be available for inspection by members if required.

 

5.13     The rights and privileges of such member of any class                       Rights of

shall be personal to himself and shall not be transferable                   member not

or transmissible by his own or by operation of law.                           transferable

 

5.14     No Honorary member not being a corporate member and                  Rights of

no Associate, Visiting, Graduate, Technician, Student                      member

shall by any reason of membership of the Institute be                       limited

entitled to any rights of privileges other than those                           to those of

which, by these By-Laws attach to the specific class of                    membership

members of the Institute to which he belongs.                                   class.

 

5.15     The Institute may admit hereafter any person who may                    Members to

be qualified and electable as Honorary, Fellow,                                 sign Form

Corporate, Associate, Visiting, Graduate, Technician or                   A of the

Student member and such person shall sign the Form A                    schedule

contained in the schedule hereto or such to the like effect

as may from time to time be authorized by the Council.

 

SECTION 6- THE COUNCIL AND OFFICE BEARERS

 

6.01     The management of the affairs and business of the institute               Management

shall be vested in and conducted by the Council

.

6.02     The council shall be composed of the office bearers, the                       The Council

most recent past Chairman or vice chairman and not more than five

Corporate Members elected as provided in the By-Laws

and members to be co-opted.

 

6.03     The council may co-opt other persons.

 

6.04          The office bearers of the Institute who shall be corporate members and who

shall be elected at the Annual General Meeting shall be the Chairperson, Vice Chairperson, Hon. Secretary, Treasurer and the Registrar, in accordance with

the By- Laws.

 

SECTION 7- DUTIES OF OFFICE BEARERS

 

7.01     The Chairperson, when present, shall preside over all meetings             Chairperson

of the Institute  and the Council; and shall be  responsible for

carrying out the policy of the council.

7.02     The Vice Chairperson, shall perform the duties of the

Chairman in his absence                                                                      Vice-Chairperson

 

7.03     The Secretary shall deal with all correspondence of the                                 Secretary

Institute under the general direction of the Council and

shall be responsible for the safe keeping of all records of

the Institute.

 

7.04     The Treasurer acting under the general direction of the                               Treasurer

Council shall receive all monies belonging to the  Institute, disburse

all charges thereto; issue receipts for all monies received by him/her;

and shall be responsible for  all monies received by him/her; and shall

be responsible for the maintenance of proper books of account and the

preparation of an annual balance sheet.

 

7.05     The Registrar shall receive applications for membership for presentation      Registrar

to the Council; shall maintain a Register of all members with their full

names, address, qualifications, class of membership and Chapter; and

shall cause a list of members to be prepared annually or as may be ordered

by the council.

 

SECTION 8- GENERAL MEETINGS

 

8.01     The General meetings of the Institute shall be convened                               General

by the Honorary Secretary on the instructions of the                                     Meetings

Council, Chairperson or Vice-chairperson or as the By-Laws

may prescribe. There shall be held at least one General

Meeting in each year, which shall be known as the Annual

General Meeting at which the business shall include receiving

a report from the Chairperson and the Treasurer, the election of the

council for the ensuing year and the appointment of Auditors

 

8.02     At all meetings of the Institute, the Chairperson or, in his absence,              Procedure

the Vice-Chairperson or, in the absence of both these officers, a                  at Meetings

member selected by the meeting, shall take the chair. Resolutions shall

be decided by simple majority by a show of hands. In the case of equality

of votes the person who occupies the chair shall have a casting vote.

 

SECTION 9- TRUSTEES

 

9.01     There shall be trustees of the Institute of Clerks Works Kenya                     Trustees

.

9.02     Investments, securities, land, buildings and immovable property

which shall be acquired by the institute shall be invested in the

names of not less than 3No. nor more than 5No. of trustee who

shall be corporate members of the institute and shall be elected at

an annual general meeting at which the appointment of trustees is

properly upon the agenda for a period of three years.

 

9.03    On retirement such trustees shall be eligible for re-election. A general meeting

shall have the power to remove any of the trustees if it deems fit and all

vacancies occurring by removal, registration or death, shall be filled at the

same general meeting.

 

9.04    A trustee or trustees shall pay all income received from property

or otherwise vested in the trustees to the treasurer. Any expenditure

in respect of such property which in the opinion of the trustees is

necessary or desirable shall be reported by the trustees to the

council which shall authorize expenditure of such monies as it thinks fit.

 

SECTION 10- ENTRANCE FEES AND SUBSCRIPTIONS

10.01   Entrance fees and annual subscriptions shall be paid to the institute              Entrance

in accordance with the amounts and in such manner as the By-Laws            Fees and

prescribe and membership shall be conditional upon this being done.          Subscription

A Fellow, Corporate, Associate and Technician Member who has not

paid his annual subscription, or who is a defaulter under the By Laws,

shall not vote

 

SECTION 11 — FUNDS

 

11.01   The Council shall, subject to such limitations and restrictions as the           Applications

By-laws  prescribe, spend the monies for the administration of the             of funds

business of the institute and  promoting the objectives of the Institute

 

SECTION 12-AUDITORS

 

12.01   There shall be an Auditor for the Institute who shall be elected annually        Auditors

at the Annual General Meeting and shall have access at all reasonable

times to the accounts and securities and shall report thereon to the next

General Meeting.

 

12.02      A copy of the auditor’s report on the accounts and statements shall be furnished

to all members at the same time as the notice convening the AGM is sent out.

An auditor may be paid such fees for his/her duties as may be resolved by

the AGM appointing him/her.

 

SECTION 13- PROFESSIONAL AFFIXES

 

13.01   Fellows, Corporate and Associate and Technician Members             Professional

may use professional affixes in the manner and on such                    Affixes

conditions as the By-Laws prescribe.

 

SECTION 14- PROFESSIONAL CONDUCT

 

14.01      Every member shall be bound by and must adhere to the                  Professional

Principles published in Appendix 1 to the By-Laws.                         Conduct

 

SECTION 15 – BY-LAWS

 

15.01      The council is empowered to create, revoke or amend                       By- Laws

By- laws to regulate all matters referred thereto by this

constitution and any other matters on which regulations are

required which are consistent with the Constitution. Provided

that the creation, revocation or amendment of By-Laws concerning

the scale of entrance fees, of fees for advancing from one class to

another and of annual subscription shall only be effected at a General

Meeting or Special General Meeting.

 

SECTION 16-AMENDMENT OF CONSTITUTION

 

16.01   The amendment of this constitution must be approved by at least            Amendment of

a two-thirds majority of members present and entitled to vote                 Constitution

(Fellow, Corporate and Associate and Technician) at a General

meeting of the institute, at which the proposed amendment(s) is

properly upon the agenda.

 

SECTION 17- DISSOLUTION                                                                   Dissolution

 

17.01   The dissolution of the Institute must be approved by at least a

two-thirds majority of members present and entitled to vote (Fellow,

Corporate, Associate and Technician) at a General meeting of the

Institute, at which the proposed dissolution is properly on the agenda.

 

17.02   If no quorum is obtained, the proposal to dissolve the Institute shall be

submitted to a further general meeting which shall be held one month

later. Notice of this meeting shall be given to all members of the institute

at least 14 days before the date of the meeting. The quorum for this second

meeting shall be the number of members present.

 

17.03      In the event of the dissolution of the Institute the Council last in office

shall in consultation with the Trustees decide upon the disposal of the

Institute funds, investments, securities and property. Subject to the payment

of debts of  the institute, the balance thereof shall be distributed in such other

manner as may be decided upon by the council last in office in consultation

with the trustees.

 

 

SETION 18-INTERPRETATION

 

18.01      Any dispute arising out of the interpretation of this Constitution or By-laws

shall be referred to a panel consisting of three persons, one of whom shall be an advocate and two of whom shall be Fellow or Corporate Members

 

 

 

 

 

PART II- BY-LAWS

CONTENTS

BY-LAW NO DESCRIPTION PAGE NO
B.L.1 Constitution 11
B.L.2 Qualification for membership 11
B.L.3 Election and Transfer of Members 13
B.L.4 Entrance Fee and Annual Subscriptions 14
B.L.5 Resignation, Expulsion and Re-admission 15
B.L.6 Professional Conduct 16
B.L.7 The Council and Office Bearers 16
B.L.8 Proceeding, Power and Duties of the Council 18
B.L.9 Meetings 20
B.L.10 Proceedings at Meetings 21
B.L.11 Professional Affixes 22
B.L.12 Financial Provisions 23
B.L.13 By-Laws, Regulations etc 24
B.L.14 Saving and Supplementary Provisions 24
B.L.15 Principles of professional conduct 26
B.L.16 Code of conduct 27
Schedule form A ICWK declaration form 30
     
     

 

 

 

BY-LAWS

 

B. L. 1.0          CONSTITUTION

 

B. L. 1. 1         “The constitution” shall mean the constitution adopted              The Constitution

in the Annual General Meeting held on the 31th March 2012,

and all subsequent amendments thereto.

 

B. L. 1. 2         Approved or approval shall mean the approval of or by the

Members through AGM.

 

B. L. 2.0          QUALIFICATIONS FOR MEMBERSHIP

 

B. L. 2. 1         The following are classes of membership Honorary                         Classes

Fellow, Corporate, Associate, Technician and student

 

B. L. 2. 2         An Honorary Member shall be a person who                                     Honorary

shall have rendered conspicuous service to the                                  Members

Institute or the profession of Clerk of Works or associated

professions who shall be elected by the council. Every such

election shall be announced at the Annual General Meeting of the

Institute.

 

B. L. 2.3         A Fellow shall be                                                                               Fellow

                                                                                                                              Members

(i)                 A person who has attained age of 35 years

(ii)               A person who has been a corporate member of The Institute

for at least 10 years and have been practicing as a Clerk of Works for

not less than  10 years,

 

OR

(iii)             A person who is, or has been a Corporate Member of The Institute

for at least 10 years and is a lecturer at a recognized Technical education establishment or engaged in research and development relating to

Construction for not less than 10 years, always provided that his

qualifications and experience are satisfactorily substantiated to the

Committee.

 

(iii)            The fellowship award shall be conferred upon the recipients and

certificates presented during an Annual General Meeting.

 

B. L. 2. 4    A Corporate Member Shall be                                                            Corporate

Member

(i)                  A person who has attained age of 25 years

(ii)               A person possessing a degree or a higher diploma in construction

related course  and have been a continuous  associate member of

the institute for at least 2 years and has passed the corporate membership

examination

 

OR

 

(iii)             A person who has 4 years working experience as a recognized

Clerk of Works, and who has been an Associate Member of

the institute for at least 2 years and has passed the corporate membership examination.

(iv)             A person who is already a corporate member or its equivalent

  • of the institute of clerk of works of another country or an

equivalent foreign body which is recognized by the The Institute

 

B. L. 2. 5         An Associate Member shall be                                                           Associate

Member

(i)                 A person possessing a degree or a higher diploma in Construction

related course and  has passed the entrance membership examination

 

(ii)               A person who is, or has been a lecturer at a recognized Technical

education establishment or engaged in research and development relating

to construction for not less than 2 years and has passed the Associate

membership entrance examination

 

(iii)             A person possessing a diploma in Construction related course together with

not less than 2 years continuous experience at supervisory level and

has passed the Associate membership entrance examination

 

(iv)             A person who has been a registered technician member of the Institute for

at least 2 years and has been practicing as a clerk of works for at least 2 years

and has passed the Associate membership entrance examination

 

B. L. 2. 6. A Technician member shall be a person                                                  Technician

Member

(i)  A person possessing a diploma in Construction related course or equivalent

qualification and have passed the technician membership examination

 

(ii)               A person who has done a suitable Construction related course and have

been employed at the level of supervisor or inspector of construction

works for at least 5 years and have passed the technician membership

entrance examination

 

B. L. 2. 7 A Student member: Shall be a person                                             Student Member

( i). is at least 18 years of age

(ii). who is pursuing a construction related course at diploma

level or equivalent

 

B. L. 2. 8       The council may admit as a visiting member any person who,              Visiting

being a Corporate member of an Institution or society                            Member

recognized by the ICWK  is a bone fide visitor to Kenya.

He shall take no part in Government of the Institute and

the period of his visiting membership shall not be extended

beyond a maximum of one year in respect of any visit to Kenya.

 

B. L. 3.0          ELECTION AND TRANSFER OF MEMBERS

 

B. L. 3. 1         The election of applicants for membership in                         Election and

any class and the transfer of members from one                    Transfer of

class to another shall be by the Council.

 

B. L. 3.2          Applicants for election or transfer shall be proposed and       Application of

supported from personal knowledge and in writing on          member-ship or

a form approved by the council                                                transfer of class

.

Any person desirous of election as a fellow member shall be

proposed by two fellow members, while any person desirous

of election as a corporate member, Associate  member and

visiting member shall be proposed and supported by two corporate members.

 

Any person desirous of election as a Student member shall be proposed

by two  members who shall in the case of a candidate for election as

student, each sign a declaration that he has a personal knowledge of the

means by which a candidate proposes to satisfy the requirements

for admission to the class of student.

 

B. L. 3.3          The council may in exceptional circumstances                                   Exemption

waive the requirements of By-laws B.L.3.2 as regard                        in respect of the required signatures if Corporate Membership of a                    signatures

candidate is hindered by reason of obtaining the specific

number of sponsors for his application either by reason of his

place of residence or any other valid reason beyond his control.

 

In such case, the candidate shall assist the council by submitting

names of suitable persons, preferably Clerk of Works who

can vouch for his character, qualifications and experience and

with whom the council can communicate.

 

B. L. 3. 4         The proposal form shall be forwarded to the Registrar of the           Application

Institute who shall submit it for consideration by the                   for membership

membership committee of  the Council before submitting             or transfer to a

it accompanied by the view of that committee to the Council              new  class

who shall determine whether the qualifications of the candidate are

in   accordance with the By-Laws of the Institution,

B. L. 3. 5         An applicant elected or transferred shall be admitted as a Fellow    Payment of

Member, Corporate Member, Associate, Visiting, technician        entrance and

or Student  member as the case may be  on payments of              Subscription fee

of such entrancefee, annual subscription or transfer fee as

these By-Laws prescribe. Should payment of such dues not be

made within a period of three calendar months after the date

of notification to the applicant of his election or transfer, such election or

transfer may be declared null and void by the Council and the applicant be notified accordingly.

 

B. L. 3. 6         Until elected an applicant shall not be entitled to

any of the rights or privileges of membership.

 

B. L. 4.0          ENTRANCE FEES AND ANNUAL SUBSCRIPTION

 

B. L. 4. 1         All entrance fees and annual subscription shall                                 Entrance fee

be payable to the institute.                                                                  payable to

Institute

B. L. 4. 2         The  entrance and annual subscription fees to be paid

by Fellows, Corporate members, Associate, Visiting,

Technician and Students members shall be determined by the

Council with approval from members

 

Provided that a person transferred from one class to another shall

pay a sum equivalent to the difference between  class as transfer fee.

 

B. L. 4. 3         Resident members shall be those whose have registered                  Resident and

addresses are in Kenya. Those members resident outside                Non resident

Kenya shall be designated Non resident members.                         Members

 

 

B. L. 4. 4         All subscriptions shall become due on election and thereafter on the

first day of January of each succeeding year for the year commencing on

that day. Applications for membership and transfer of membership class

should be accompanied by the entrance fee.

 

B. L. 4. 5         A member of any class whose annual                                     Default in Payment

subscription is more than six months in or                              of fees and

arrears shall not be entitled to attend or take part in              subscription

any meeting or function of the Institute that may be

held or receive any notice or publication of the Institute

that may be issued before he has paid his dues in full or,

until such payment exercise any of the rights or privileges

of membership, or to vote.

 

B. L. 4. 6         A member of any class whose annual subscription                            Erasure from

fee is one year or more in arrears shall be so notified             the Register

by registered post or recorded delivery and in the event

of continuing arrears for three months after such notification

he may by resolution of the Council be excluded from the

Institute and he shall be erased from the register, but such

erasure shall not relieve him from his liability for the payment

of arrears of subscription fee due from him calculated up to the

31st day of December of the year proceeding his exclusion.

 

B. L. 4. 7         The Council may recommend amnesty,                                              To the AGM

extension of period in which to pay or waiver of                               or special

fees and subscription that is in arrears if the member has been         General

incapacitated

 

B. L. 5.0          RESIGNATION, EXPULSION AND RE- ADMISSION

 

B. L. 5. 1         Any member of any class may retire from the                                   Resignation

Institute by sending his resignation in writing to

the Honorary secretary, after payment of the

subscriptions due from him including that for

the current year.

 

A member’s name shall be removed from the register as

from the date on which his resignation becomes effective.

 

B. L. 5. 2         The council by resolution may expel any member who                      Expulsion

shall have willfully acted in contravention of the  by-laws of

the Institute or who in the opinion of the council shall have

been guilty of such conduct as shall render him unfit to

continue to belong to the Institute and may erase his  name

from the Register and he shall thereupon cease to be a

member of the Institute.

 

Provided that before taking such action the council shall

afford him the opportunity of appearing before them or

of making representations to them in writing.

 

B. L. 5. 3         The council may re-admit to membership in the

class to which he formerly belonged any person

whose membership has terminated from any cause

provided he satisfies the council he is worthy of re-admission

and pays such amounts in respect of entrances fees and arrears

of subscriptions as the council may determine.

 

 

B. L. 6.0          PROFESSIONAL CONDUCT

 

B. L.6. 1          A member of any class is required so to order his conduct                Conduct of

as to uphold the reputation of the Members Institute.                         Members

 

B. L. 6. 2         Every member is required so to order his conduct as to uphold the

dignity of his profession and to act, in whatever capacity he may

be engaged, in a strictly fiduciary manner towards his client and

employers and towards others with whom his work is connected and

towards other members in a manner consistent with best interests of

the  Institute.

 

B. L. 6. 3         Any alleged breach of By-Laws B. L.6.l and By-Laws B. L.6.2      Penalty for

which may be brought before the Council properly vouched             breach of

vouched for and supported by breach of sufficient evidence                        conduct

evidence, shall be dealt with by the Council, either by expulsion

of the offender from the Institute under the procedure of By-Law

5.2 as far as it applies, in such a  manner as the council may think fit.

 

B.L.7.O           THE COUNCIL AND OFFICE BEARERS

 

B. L. 7. 1         The office bearers of the Institute who will all be elected from      Office bearers

Fellows or Corporate members shall be a Chairperson, Vice-

Chairperson,  Honorary  Secretary, Honorary Registrar and

Honorary Treasurer.

 

B. L. 7. 2         The council shall consist of:-                                                   The Council

 

The Chairperson

The Vice-Chairperson

Retiring past Chairperson or Vice Chairperson

The Hon. Treasurer

The Hon. Secretary

The Hon. Registrar

Five ordinary members, all of whom shall be Fellows or Corporate

members of the Institute all whom shall be elected in the annual

general  meeting in accordance with the relevant By-Laws.

 

B. L. 7. 3         The Chairperson shall hold office for 2 years and                  The Chairperson

shall be eligible for re-election for the succeeding year

but thereafter he shall not again be eligible for election

as Chairperson until after an interval of four years.

 

B.L. 7. 4          The Vice Chairperson, Hon. Treasurer, Hon.                          The Vice

Secretary or Hon. Registrar shall hold office in                     Chairperson,

that capacity for one 2 years, but shall be eligible for            Treasurer, Hon.

election to the same or any other office                                Secretary, Hon.

on the council for which he is qualified by his class               Registrar

of membership.

 

B. L. 7.5.         The period of office of an ordinary member of                      Ordinary members

council shall be two years, and he shall be eligible                 of the council

for immediate re-election for one term only

 

B. L. 7.6          Vacancies in the office of Chairperson, Vice- Chairperson,   Vacancies in the

Hon. Treasurer, Hon. Secretary, Hon. Registrar and             council

Ordinary member of council shall be subject to

elections annually by the Fellow, Corporate, Associate

and Technician members of the Institute from the members

thereof, and they shall assume office immediately after

the conclusion of the business of that meeting.

 

B. L. 7.7          Nominations and elections for office bearers and ordinary                Nominations

members of the council shall be carried out during the                      for office

Annual General meeting by secret ballot. The nomination                bearers and

of a member must be made with his consent and he/she shall            ordinary

be proposed and seconded.                                                               members

of the Council

 

B. L. 7.8          The office of a member of the council shall fall vacant:                     Office

vacated

(a)    If one becomes bankrupt

(b)   If one becomes of unsound mind

(c) If by notice in writing to the Institute one resigns from office, or

(d) If one ceases to be a member of the Institute

(e) In case of death

 

B. L. 7.9          Vacancies in the offices of Chairperson, Vice- Chairperson,             Vacancies

Hon. Treasurer, Hon. Registrar. Hon. Secretary                             may be filled

and ordinary members of council other than  those                            by council

arising under By-Laws B. L. 7.3, 7.4, 7.5, 7.6 may

be filled by the council, except that the office of Chairperson

will be automatically filled by the Vice-Chairperson. Name

of such person selected shall be announced at the next

ordinary meeting of the Institute for approval. In case of disapproval

members present shall elect another person. The council shall determine

the period for which the person selected shall hold office

provided that such period shall not be longer than the vacating

member of the council would in the ordinary course have

retained office, and any period of office so served shall not be

taken into account in computing the period of office

served by the person

 

B.L. 7.10         The names of the officers and members of the                                  Incoming

ensuing year shall be announced by the presiding officers                  Council

at the Annual General Meeting and they shall assume office

immediately after the conclusion of the business of that meeting.

 

B. L. 8.0          PROCEEDINGS. POWERS AND DUTIES OF THE COUNCIL

 

B. L. 8. 1         The Council shall manage the property and affairs                Council to

of the Institute in accordance with the constitution               direct the

and By-Laws from time to time in force, and may                affairs of the

exercise all such powers of the Institute as are                       Institute

required by the By-Laws to be exercised by a

General Meeting of the Institute.

 

B. L. 8.2          The council shall meet as often as the business                                  Council

of the Institute may require and in any event not less than                Meetings

six times in a year, and meetings shall be held at the Secretariat

of the Institute or such other place as Council may decide.

At every meeting of the Council, seven members shall constitute

a quorum and all matters shall be decided by a simple majority.

It shall be competent for the Council to seek the views

of its members on any matters including those concerned with

applications for membership of the Institute.

 

B. L. 8.3          At least seven days notice in writing shall normally be                      Notice of

given of each meeting of the Council and the nature of the              meeting

business to be transacted thereat shall be stated in the notice.

 

B.L. 8.4           At any meeting of the Council each member of Council                   Voting at

present shall have one vote, save that of the Chairperson.                 Council

The Chairperson shall have a casting vote. The Chairperson             meeting

may direct, or any two members may demand, that the

voting shall be by a secret ballot.

 

B. L. 8.5          At each meeting of the Council the chair shall be taken                    Chairman

by the Chairperson or in absence the Vice-Chairperson or                of council

in the absence of both of them, a member of council                        meeting

elected by the members present.

 

B. L. 8. 6         On the demand of any four members of Council                             Adjournment

present at any meeting of the Council, any resolution                        of Council

of the Council passed at such meeting                                              meeting

shall be adjourned to the next meeting for further

consideration and in such case the resolution shall

not become effective unless it be confirmed by a

majority in such next meeting.

 

B. L. 8.7          The council may appoint or dissolve committees                               Council

chosen from either themselves or where special                                 may appoint

circumstances prevail may include therein one                                   committee

or more members of the Institute. Committees so appointed

may be designated committees of the council. The Council

may also appoint committees for special purposes consisting of

members of the Council and Fellows, Corporate

and Associate members

 

The council may delegate any of their powers to committees,

 

The chairman shall be ex-officio member of all

committees of the council.

 

B. L. 8. 8         Representatives may be appointed for such purposes                                    Council may

and with such power as the Council may determine.                                      appoint

Such representatives may be members of the Institute                 representatives

or such other persons the Council may select to further

the interests and work of the Institute and their appointment

may be cancelled at any time by the Council.

 

 

B. L. 8.9          The Council shall have power to invite a prominent                        Patron of the

person to become a patron of the institute  with the approval            Institute.

of members

 

B. L. 8. 10       The council shall cause minutes to be kept of                                     Minutes proceedings of all meeting of the Institute, the

Councils and various committees of council.

 

B. L. 8.11        The council shall decide from time to time the salaries,          Remuneration to

wages or remuneration to be paid to the staff of the                 Staff Members

Institute and the council shall make such provision

for and grant such benfits to them after their retirement

from the service of the Institute as the Council may deem fit.

 

B. L. 8.12        Subject to the direction of the council, it shall be                              Secretary

the duty of the Hon. Secretary to conduct the correspondence

of the Institute; to attend all meetings of the Institute, and of

committees of the council, to read all minutes and

communications that may be ordered to be read; and to

superintend the publication of such paper and publication as

the council may direct. He shall also engage, subject to the

approval of the council, and be reasonable for all persons

employed as servants of the Institute. He shall conduct the

ordinary business of the Institute in accordance with the

constitution and By-Laws and the directions of the council

and shall refer to the Chairperson or Vice-Chairperson available

any matters of importance or difficulty requiring urgent

decision.

 

B. L. 8.13        The duties of the Hon. Treasurer shall be to collect subscriptions          Duties of

and entrances fees, to prepare and pay accounts of expenditure,           Honorary

to  administer the fund of the Institute in accordance with the               Treasurer

directions of the council to whom he shall be responsible, and to

present the audited accounts to the council for inspection and approval

at the AGM. He will also give a financial report every six months.

 

B. L. 8. 14       The duties of the Hon. Registrar shall be to receive application        Duties of

for election and transfer of membership for presentation to the         Honorary

council, to maintain a register of all members with their full            Registrar

names, address, qualifications, and class of membership and

cause a list of members to be  prepared annually.

 

B. L. 9.0          MEETINGS

 

B. L. 9.1          Meetings of the Institute shall be held at such                                   Venue of

places and as such time as the council may appoint                           meetings

 

 

B.L.9.2            The meetings of the Institute shall be as follows                               Meetings of

(a) Ordinary meetings                                                                         the Institute

(b) Annual General Meetings

(c) Special General Meetings

 

B. L. 9. 3         Ordinary meetings shall be held for the reading                                 Ordinary

and discussion of papers on construction inspectorate                       Meeting

and allied subjects, for lectures and discussions

on those subjects, for the display of cinematograph

or other pictorial presentations and for visits to works

and other places of Clerk of Works interest.

 

B. L. 9.4          The Annual General Meetings (AGM) shall be held at the Secretariat      Annual

of the Institute during the month of March each year or at such               General

or at such other  place or time as the council shall determine. The         Meetings

business of the Annual General Meeting shall be to receive and

deliberate upon the Annual reports of the council and the Annual

Accounts, to hold Annual elections of the institute to appoint the

auditors, to hear the Chairperson’s address and to transact any other

business of which notice in writing has been given to the Hon. Secretary

at least fourteen days before the meeting.

B. L. 9. 5         A special general meeting may be called for any specific purpose            Special

by the council. Notice in writing of such meeting shall be sent                   General

to all members not less than 14  days before the date thereof.                     Meetings

A special general meeting may be called for any specific purpose by

order in writing to the Secretary of less than 14 by one third of

registered  members and such meeting shall be held within 21

days of the date of requisition. The notice for such meeting shall be as

shown and no matter shall be discussed other than stated in the requisition

 

B. L. 9. 6         Every member of any class shall have the privilege of introducing        Members

one or more visitors at each ordinary meetings of the institute,  by         may

writing his or their names in a book provided for that purpose               introduce

supplying him or them tickets to be obtained from the Hon.                    visitors

Secretary. The council may at their discretion limit the number

of visitors to be introduced at any ordinary meeting

 

B. L. 9. 7         In addition to the meetings specified in the By-Laws                       Other

B. L. 9.2 the council may at their discretion arrange for                    meetings

other meetings to be held for the dissemination of Clerk of

Works knowledge by means of lecturers or cinematograph

or other pictorial presentations, or for the discussion of papers

thereon, and the council shall determine the condition of

admission to such meetings and the manner in which they’

shall be conducted.

 

B. L. 9.8          Normally at least fourteen days, notice shall be given of all              Notice of

Annual and Special General Meetings. The notice shall                    Annual and

specify the general nature of the business to be transacted               Special

and no other business shall be transacted at these meetings               General

except such business at annual general meeting of which                  Meetings

notice shall have been as provided By-Law B. L. 9.4.

 

B. L. 9.9          The failure to receive notice of a meeting by any member                 Failure to

of any class shall not invalidate the proceedings at the meeting.       Receive notice

 

B.L.10.0          PROCEEDING AT MEETINGS

 

B. L. 10.1        The quorum at any Annual or Special General Meeting shall be          Quorum at

be twenty of those persons entitled to be present and vote (Fellows,     Annual

Corporate, Associates and Technicians) and no business shall             General

be transacted at any such meetings  unless the quorum is present.       Meeting

If a quorum be not present within an hour from the time appointed

for holding the meeting, the meeting shall stand adjourned to the

same hour and  place in the following week, when numbers present

and entitled to vote, whatever their number shall constitute a quorum.

B. L. 10.2        The Chairperson shall preside at all meetings of the council and      Chairperson meetings of the Institute at which he is present; or in the absence    of meeting

of the Chairman, Vice-Chairman or, if none be present, a member

of the council present shall preside.

 

B. L. 10.3        The ordinary meeting of the Institute shall be conducted as               Council to

prescribed by the council from time to time, and the council              conduct

shall determine theconditions of admission to such meeting             Ordinary

.                                                                                                             meeting

B. L. 10.4        At the Ordinary Meeting no question shall be discussed or motion

be made relating to the direction and management of the institute.

 

B. L. 10.5        Voting at any Annual or Special General                               Voting at Annual

Meetings shall be personal                                                        or Special

General meetings

 

B. L. 10.6        The Fellows, Corporate, Associate and Technician members

shall alone be competent to vote at the meetings specified               Voting at

in sub-paragraphs (b) and (c) of By-law B. L.9.2.                               Meeting

subject to By-law B. L. 4.6. Each person voting shall have

one vote,

 

B. L. 10.7        In the case of an equality of votes, the Chairperson               Chairperson

of the meeting shall both on a show of hands                        to have casting

at a poll have a casting vote in case of a tie.                                       vote

 

B. L. 11.0        PROFESSIONAL AFFIXES

 

B. L. 11.1        Honorary members, Fellow members, Corporate                               Professional

members and Associate and Technician members shall be                 affixes              entitled to use the following affixes on admission

to their class:

 

Honorary Members – HICWK

Fellow members -FICWK

Corporate members – MICWK

Associate member -AICWK

Technician member – TICWK

 

B. L. 11.2        No other affixes may be used by any member in

relation to membership of the Institute.

 

 

 

 

B. L. 12.0        FINANCIAL PROVISIONS

 

B. L. 12.1        The money and effects of the Institute shall be controlled by           Monies and

the council for the use of the Institute in the furtherance of its         effects

objectives. The signatories to the account will be Chairperson,

Vice Chairperson, Treasurer and Secretary. Any of the three to

sign bank transactions

 

B. L. 12.2        The council shall cause to be kept proper and sufficient accounts     Accounts

of the capital, funds, receipts and expenditure of the institute,

so that the true financial state and condition of the Institute may

at all times be exhibited by such accounts and shall be available to

members for scrutiny if  required.

 

B.L. 12.3         There shall be opened a bank account at a bank approved by the          Bank

council in which all entrances fees, annual subscriptions and                         Accounts

other monies received shall be deposited and from which all

payments due by the Institute shall be paid. Cheques require the

signature of the Chairperson or Vice-Chairperson, the signature of

the Hon.Secretary and the Hon. Treasurer as a mandatory signatory.

 

B.L.12.4          The financial year of the Institute shall end on                                 Financial

the 31st day of December in each year, and the                                year and

accounts of the Institute shall be made up each                               presentation

year to that date and after having been approved                            of Accounts

by the council and audited by an Auditor or Auditors,

shall together with the Auditors’ report be laid before

the Annual General Meeting next following.

 

B. L. 12.5        The appointment, powers and duties of the                                      Appointment

auditors shall be in accordance with standard practice                     Auditors

with any modification thereof for the time being in force

 

B. L. 12.6        The council shall allocate and remit to each                                     Allocation

branch such monies as may be fixed under                                     of funds for

regulations made under the provisions of By-                                  branches

Law B. L. 13.2 and such further monies additions thereto

as the council may consider necessary for the efficient

administration of such branch or for the promotion of

some special activity.

 

B. L. 12.7        The income and property of the institute                                Income and whensoever derived, shall be applied solely                          property of

towards the promotion of the objects of the                                     the Institute Institute as set forth in the constitution and no

portion thereof shall be paid or transferred directly or

indirectly, by way of dividends, bonus or otherwise

howsoever by way of profit, to the members of the Institute.

 

B.L. 13.0         BY-LAWS REGULATIONS, ETC

 

B.L. 13.1         These By-Laws or any other By-Laws for the                       Alteration

time being in force may be added to, revoked,                      of By-Laws

altered or amended at an Annual General

Meeting or a Special General Meeting convened

for the purpose under the provisions of By-Laws

Such additions, revocation or amendment shall

be made only if two thirds or more of the

voting members vote at such Special General Meeting

in favour thereof:

 

B. L. 13.2        The council may, make regulations, and may                         Power to

from time to time amend or revoke such                                make regulations

regulations for:-                                                                       controlling

(i)                  the conduct of the affairs of any branch                   branches

of the Institute established under the

provision of clause 4.02.

(ii)        the conduct of the affairs of any special

group of the Institute established under

the provision of clause 4.05, and

(ii)                any other purpose not in accordance with

these By-Laws.

 

B. L. 13.3        Local rules proposed by any Branch under the                      Branch local

provisions of regulations made under B. L. 13.2                    rules

shall be presented to council for approval.

 

B. L. 14.0        SUPPLEMENTARY PROVISIONS

 

14.1                 The proceedings of the council, its committees                     Proceedings

and sub-committees and branches and all                              of council

communications, correspondence reports,                               and committees

minutes and other papers and documents                              and communication

relative to the admission or advancement of                          etc. privileged and

members or to the suspension or forfeiture of                        confidential                  membership of any member or the other

proceeding under By-Law B. L. 5.2 or 6.3 shall

be privileged and confidential.

 

B. L. 14.2        No report of the proceedings at any meeting of                     Publication

the Institute or branches shall be made or                                of proceedings

published except with the previous consent of                         of meetings only the council,                                                                                 with consent of

council

 

B. L. 14.3        The Institute shall publish a Journal which shall be the          Journal

medium for the dissemination of information regarding

the activities of the Institute and for the publication of any

matters incidental to the promotion of the objectives of

the Institute.

 

B. L. 14.4        The council shall arrange for the publication, in the Journal or       Publication

in any manner which they may deem advisable, of such papers,

documents and publications as may be considered by the council

to be likely to advance CONSTRUCTION INSPECTORATE

knowledge and the objectives of the Institute.

 

B. L. 14.5        The council may approve the sale of copies of                                   Sale of the Journal of the institute to members of the                                           Journal Institute or to the General public or specifically

at such price or prices as they may prescribe.

 

B. L. 14.6        Any notice may be served upon any members or  any                       Notices

communication may be sent by the Council or by the Hon.

Secretary or the Institute to him either personally or sending it

through the his address as registered in the books of the Institute.

 

Any notice of communication, served or sent by post shall

be deemed to have been served or delivered, on the tenth

day following that on which the same is posted, and in providing

such service or sending it shall be sufficient to prove that the

notice on communication was properly addressed and posted.

 

B. L. 14.7        Each member of the Council shall be                                                 Indemnity

accountable in respect of his own acts only, and shall not be accountable for any acts done or authorized to which he shall not have expressly assented; and no member of the Council shall incur any personal liability in respect of any  loss or damage incurred through any act, matter, or thing done, authorized or suffered by him, being done in good faith for the benefit of the Institute

The members of the council shall be indemnified out of the funds and property of the Institute from and against all costs, charges and expenses whatsoever which they or any of them shall sustain by reason of their respectively accepting office or acting in execution of the duties imposed upon or given to them by the constitution or the By-Laws of the Institute.

B. L. 14.8        The council may arrange for the Union, Alliances                          Incorporation                  with the any organization with objects kindred to those of            of kindred             the Institute and may also if the council think fit remit or             organization

or reduce the entrance fees of the members of such organization

at the time of  the Union, Alliance or Incorporation.

Provided that no such union, Alliance or incorporation

shall be effective, unless it is sanctioned by a Specific

General Meeting of The Institute

PART III – APPENDIX

CONTENTS

Appendix I

B. L. 15.                      Principles of Professional conduct

Appendix II

B. L. 16                       Code of Conduct

 

APPENDIX I

B. L. 15:   PRINCIPLES OF PROFESSIONAL CONDUCT

B.L.15.1          A member shall at all times fully discharge his duties and shall not commit

any act, which will have the effect of avoiding or diminishing

professional    responsibility.

B.L.15.2          A member shall at all times be honest in his dealings and his decisions shall

be made with integrity of purpose.

B.L.15.3          A member shall at all times be free from corruption.

B.L.15.4          A member’s advice shall at all times be impartial.

B.L.15.5          A  member must never place himself in a position where his duties are likely

to create a conflict with his professional interest.

B.L.L15.6       A member shall at all times act in an honorable

manner towards his professional colleagues.

 

APPENDIX II

B.L. 16: CODE OF CONDUCT

B.L. 16.1 Basic Standard of Conduct

All members shall observe the highest standards of ethical conduct, consistent with the values of quality, integrity, impartiality and discretion.  Members shall strive to avoid even the appearance of impropriety in their conduct. In the performance of their duties, members have a role of exclusive loyalty to the ICWK, and to its objectives, purposes, and principles.

B.L. 16.2.Honesty

Members shall adhere to the highest standards of quality, accuracy and truth in advancing the interests of those we represent and in communicating with.

B.L. 16.3  Accountability

Members shall act within the scope of their authority at all times, remain accountable for instructions, tasks delegated to others and are expected to exercise adequate control and supervision over matters for which they are responsible.

B.L. 16.4 Professional competence and expertise

Members shall acquire and responsibly use specialized knowledge and experience. Members shall advance the profession through continued professional development, research, and education. Members shall build mutual understanding, credibility, and relationships among a wide array of institutions and audiences.

B.L. 16.5 Independence

A member shall provide objective counsel to those they represent. Members are accountable for their actions.

B.L. 16.6 Loyalty

A member shall remain faithful to those they represent, while honoring their obligation to serve their interest.

B.L. 16.7 Fairness

A member shall deal fairly with clients, employers, competitors, peers, vendors, the media, and the general public. They shall respect all opinions and support the right of free expression.

B.L. 16.8 Integrity

Members shall act with integrity in all official activities, avoiding any behavior that would reflect adversely on the members or on the Institute. Integrity encompasses honesty, probity, and loyalty. A member shall provide accurate and complete information needed by the ICWK, Client, Consultants and/or any other stakeholders while executing your duties.

B.L. 16.9 Impartiality

Members shall act with impartiality. A member shall take care that your expression of personal views and convictions does not compromise or appear to compromise the performance of your official duties or the interests of the Institute. A member official conduct must at all times be characterized by objectivity and professionalism. A member should not allow personal relationships or considerations, including bias or favoritism, to influence the performance of their official duties and shall avoid situations that create a conflict of interest.

B.L. 16.10 Discretion

Members shall exercise the utmost discretion in their actions and show tact and reserve in their pronouncements in a manner that is consistent with their status as a Professional servant.  Members shall refrain from participating in any activity that is in conflict with the interests of the ICWK or would damage the ICWK’s reputation.  A member must respect and safeguard the confidentiality of information which is available or known to them by reason of their official functions.

B.L. 16.11  Conduct as ICWK member

The basic values of impartiality, integrity, accountability, professionalism and discretion shall govern all your aspects of members conduct in their work.

B.L. 16.12 Duty of loyalty

By accepting to join the ICWK, a member has promised to discharge his/her functions under the sole authority of the Institutes’ code of conduct and ethics; and its rules and regulation. A member must respect the professional character of their position and maintain their independence by not accepting any instructions relating to the performance of their official duties from any other sources that compromises their duties.

B.L. 16.13 Courtesy and respect

A member shall treat colleagues, whether supervisors, peers, or subordinates, with courtesy and respect, without harassment, or physical or verbal abuse. A member shall at all times avoid behavior at the workplace that, although not rising to the level of harassment or abuse, may nonetheless create an atmosphere of hostility or intimidation.

B.L. 16.14 Sexual harassment

A member shall not sexually harass a member of the public or a fellow colleague

B.L. 16.15 Diversity

In view of the professional character of the value that the Institute attaches to diversity, a member shall be expected to act with tolerance, sensitivity, respect, and impartiality towards other persons’ cultures and backgrounds.

B.L. 16.16 Non discrimination

A member shall not discriminate directly or indirectly individuals on the ground of age, gender, race, color, ethnic origin, marital status, disabilities etc.

B.L 16.17 Contravention of By-Laws

A member will not knowingly contravene the provisions of the By-laws of the Institute or make a false declaration in his application for membership.