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
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
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
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
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
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
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
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
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
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
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.
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
|BY-LAW NO||DESCRIPTION||PAGE NO|
|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.7||The Council and Office Bearers||16|
|B.L.8||Proceeding, Power and Duties of the Council||18|
|B.L.10||Proceedings at Meetings||21|
|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|
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
B. L. 2.3 A Fellow shall be Fellow
(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,
(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
(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
(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
(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
(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
(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
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
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
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
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
B. L. 7. 2 The council shall consist of:- The Council
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
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
(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.
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
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
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
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
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
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
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
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
B. L. 15. Principles of Professional conduct
B. L. 16 Code of Conduct
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
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.
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.
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.