CONSTITUTION
The objects and purposes for which The Jamaica Institution
of Engineers Limited) - hereinafter called the Institution
- is hereby constituted are to promote and encourage the general
advancement of the Engineering Profession and the practice
and science of Engineering and to facilitate the exchange
of information and ideas on those subjects among the members
of the Institution and otherwise.
BYE-LAWS
These Bye-Laws are complementary to the Memorandum and Articles
of
Association of the Jamaica Institution of Engineers Limited,
incorporated
under the Companies Act on the 17th January, 1984.
DEFINITIONS
1. In these Bye-Laws, unless the context requires otherwise:
"Bye-Law"
means.a Bye-Law under the Constitution of the Institution.
"He",
"His" or "Him" or any other words connoting
the masculine
gender shall be construed as including the feminine.
"Division"
means a division of the Institution established under
Bye-Law 3.
"Branch"
means a branch of the Institution established under
Bye-Law 6.
"Divisional
Committee" means a Committee duly elected under Clause
9
of the Council's Regulation for the Divisions of the Institution.
"Council"
means the Council of the Institution as defined under
Bye-Laws 42 and 43.
"Overseas"
means outside of Jamaica.
HEADQUARTERS
2. Until otherwise determined by the Council, headquarters
for the
Institution shall be located in the Corporate Area of Kingston
and
Saint Andrew.
ORGANIZATION
3. In pursuance of the objects of the Institution, the Council
may at
their discretion set up one or more Divisions of the Institution
as
they may specify, for the holding of meetings, the reading
of papers
and for the discussion of subjects, or for other activities
falling
within the purview of the Institution, and the Council may
dissolve
any such Division at any time.
4. The constitution of each Division and the conduct of its
affairs
shall be in accordance with Regulations made by the Council
in that
behalf under Bye-Law 95 and each Division, shall elect annually
a
Chairman who shall be a Corporate Member of the Institution.
5. Every Fellow, Member, Associate Member, or Student whose
field of
engineering recorded in the Register of the Institution falls
within
that of a Division shall, be deemed to be attached to that
Division.
6. The Council may form such Branches as may seem to them
desirable,
the better to meet the needs of groups of members. The continuance
of such Branches and the terms of their relationship with
the
Council, and the rules under which they operate shall be as
the
Council may determine under Bye-Law 95.
MEMBERSHIP
7. The Institution shall consist of:-
Fellows
Members
Graduate Members
Students
Of the above
(i) Fellows
(ii) Members
shall be known as Corporate Members, and all others shall
be known as
Non-corporate Members.
8. Only such persons as shall be admitted or transferred in
accordance
with these Bye-Laws, and no others, shall be members of the
Institution (either as Fellows, Members, Associate Members
or
Students, as the case may be), and be entered on the Register
as such.
9. The rights and privileges of every member of any class
shall be
personal to himself, and shall not be transferable or transmissible
by his own act, or by operation of law.
10. No Associate Member, or Student shall, by reason of being
a member of
the Institution, be entitled to any rights or privileges other
than
those which, by these Bye-Laws, attach to the specific class
of
members of the Institution to which he belongs, and wherever
the term
"Corporate Member" is used it shall be taken to
exclude such Associate
Member, or Student.
11. The Institution may admit such persons as may be qualified
and elected
in that behalf as Fellows, Members, Associate Members, and
Students
respectively, and such persons shall sign the Form A in that
behalf
contained in the Schedule hereto, or such form to the like
effect as
may from time to time be authorized by the Council.
12. Where, in the opinion of the Council, the information
available in an
application and in any confidential
reports which have been obtained is such as not to provide
the
necessary evidence on which an election or transfer can be
made, the
Council may require the applicant to attend a professional
interview
and may appoint two or more members to conduct such interview.
An applicant called upon to attend a professional interview
may be
required to produce evidence of the work in which he has been
engaged
in the form of drawings, designs, calculations, or investigations
or
research data as may be determined by the interviewers. The
interviewers may ask him such questions as will enable an
assessment
to be made of the training and experience the applicant has
received
and the extent to which he has benefitted from this.
FELLOWS
13. Every candidate for election to the class of Fellow shall
be a
person being a Corporate Member of the Institution, who in
the
opinion of Council has met the requirements for elevation
to the
class of Fellow. He shall have distinguished himself by his
expertise
or work in engineering science or practice and have contributed
in a
particular manner to the engineering profession in Jamaica.
He shall -
(a) be a Corporate Member of the Institution for a minimum
period of
ten (10) years;
(b) at the time of applying, be engaged in or associated with
the
practise of engineering;
(c) occupy a position of responsibility, have performed special
duties, acquired expertise in engineering technology, research
or
development or otherwise distinguished himself in a chosen
field
of engineering;
(d) have contributed to the development or practice of Engineering
in
Jamaica, including service to the Jamaica Institution of
Engineers;
Applications for elevation to the class of Fellow shall be
sent by
the candidate to the Honorary Secretary. The application shall
be
made on the prescribed form, accompanied by all relevant information
and proposed by two (2) Fellows of the Institution with two
(2)
Corporate members of the Institution as supporters, all of
whom
shall be in good standing at the date of the application.
MEMBERS
14. Every candidate for election or transfer to the class
of Member
shall be a person who, in the opinion of Council, is employed
in a
satisfactory capacity within the engineering profession.
In addition he shall
either (1) Hold a degree, diploma or award from an institution
with
an approved course of engineering studies together with:
(a) One year of approved post graduate engineering and
two years of approved experience, or
(b) Two years of approved experience and not less than
one year of approved post graduate degree studies, or
(c) Four years of approved experience.
or (2) He shall be, a Corporate Member of an engineering
institution or other body, similarly constituted and which
is approved by Council,
or (3) Hold certain non:-engineering degrees approved by Council
eg. Mathematics, Physics together with:
(a) One year of approved post graduate engineering
training and five years of approved experiences, or
(b) Two. years of approved post graduate engineering
training and three years of approved experience, or
(c) Seven years of approved experience.
ASSOCIATE MEMBERS
15. Every candidate for election or transfer to the class
of Associate
Member, shall possess one of the educational qualifications
specified
in sub-paragraph (1) of Bye-Law 14 above, excluding (a), (b)
and
(c) or
Hold certain non-engineering degrees approved by Council
eg. Mathematics, Physics together with:
(a) One year of approved post graduate engineering training
and
two years of approved experience, or
(b) Two years of approved post graduate engineering training
and one year of approved experience,
STUDENTS
16. Every candidate for election as a Student shall be:
(i) Over sixteen years of age, and
(ii) Receivinq regular training in engineering at an institution
of
learning approved by Council, which the Council considers
will
eventually lead to the class of Member of the Institution.
ELECTION
17. The election of candidates for membership of the Institution
in any
class shall be by the Council.
18. Candidates for election shall be proposed and supported
as provided
hereunder, from personal knowledge and in writing, according
to a
form approved by the Council:-
(a) Any person desirous of election as a Member shall be proposed
by
two Corporate Members in good standing and supported by two
Corporate Members other than the proposing Members.
(b) Any person desirous of election as an Associate Member
shall be
proposed by two Corporate Members in good standing.
(c) Any person desirous of election as a Student shall submit
with
his application written attestation to his academic status
from
a member of the engineering faculty in an institution of learning
approved by the Council.
It shall not be mandatory that persons desirous of election
as
Students be proposed by a Corporate Member of the Institution.
19. A form of proposal for election shall be sent by the candidate
to the
Honorary Secretary of the Institution. The suitability of
a candidate
for Election shall be determined by the Council.
If the Council decides that the candidate is eligible for
election
the Chairman of the meeting of Council shall sign the proposal
on
which shall be stated the class for which the candidate is
eligible.
A list of such candidates shall as soon as possible after
such meeting
of Council, be published and issued to all Corporate Members.
After
the lapse of at least one month from the date of such publication,
during which time the Secretary will be prepared to receive
for report
to the Council communications respecting the qualifications
or
character of any Candidate, the Council, if satisfied that
he is a
fit and proper person to become a Member, shall declare the
candidate elected - and he shall be so notified within one
calendar
month.
ADMISSION
20. A candidate elected shall be admitted a Member, Associate
Member, or
Student, as the case may be, on payment of such entrance fee
or
installment thereof and annual subscription as these Bye-Laws
may
prescribe. Should payment of such dues not be made within
a period
of three calendar months after the date of notification to
the
candidate of his election, such election may be declared null
and
void by the Council and the candidate shall be notified accordingly.
21. All new Corporate Members of the Institution shall, upon
payment of
dues as required under Bye-Laws 24 to
28 inclusive, be entitled to all the rights and privileges
due to
Corporate Members of the Institution and shall be issued an
official
Membership Certificate of the Institution. The Certificate
shall
remain the property of the Institution.
TRANSFER
22. The transfer of a member from one class to another shall
be done by
the Council. Every candidate for transfer from one class to
another
shall be proposed and supported in the manner prescribed in
Bye-Law
18 for election to the class to which he is desirous of being
transferred.
23. Bye-Laws 18 and 19 shall apply to the transfer of a member
from one
class to another in like manner as they apply to election
to
membership.
FEES AND SUBSCRIPTIONS
24. Entrance fees shall be at rates fixed by the Council from
time to
time and confirmed by votes of the Corporate Members.
Persons transferred from one class to another class shall
pay an
amount equal to the entrance fee of the class to which they
have
been transferred, after deducting there-from any entrance
fee or
fees previously paid by them.
25. Annual subscriptions shall be at rates fixed by the Council
from time
to time and confirmed by votes of the Corporate Members.
26. 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.
27. Members of any class elected before the first day of July
in any
year shall pay the annual subscription for that year, and
those
elected on or after the first day of July in any year shall
for that
year pay half such annual subscription. Those transferred
from one
class to another before the first day of July shall pay the
difference between the annual subscription of the two classes
and
those transferred after 1st July shall pay one-half such difference.
28. All entrance fees and annual subscriptions shall be deemed
debts due
to the Institutlon and shall be recoverable in the name of
the
Institution.
29. Any member of any class whose annual subscription is more
than three
(3) months in arrears shall be notified in writing and in
the event
of continuing in arrears for one (1) month after the date
of such
notification, will not be entitled to attend or to take part
in any
meeting of the Institution that may be held, or to receive
any
notice or publication of the Institution that may be issued,
before
he has paid in full, his annual subscriptions and a penalty
of
twenty percent (20%) thereof or, until such payment,
to exercise any of the rights and privileges of membership,
or to
vote.
30. Any member of any class whose annual subscription is six
(6) months
or more in arrears shall be so notified in writing. In a continuing
case of non-payment, notice of expulsion shall be given to
the member
after expiry of a further three (3) months from the date of
the first
notice and excluded from the Institution by a Resolution of
Council
when a total period of twelve (12) months has elapsed from
the due
date of the arrears and shall thereupon cease to be a member
and his
name shall be removed from the Register and his Membership
Certificate
withdrawn, but such removal shall not relieve him from his
liability
for the payment of the arrears of subscriptions due from the
amount
calculated up to the 31st day of December preceding his exclusion.
31. The Council may in special cases, where in their opinion
it is
desirable to do so, reduce or remit the entrance fee, or annual
subscription, or the arrears of the annual subscription, of
any
member of any class.
RESIGNATION
32. (a) Any member of any class may retire from the Institution
by
sending his resignation in writing together with his Membership
Certificate to the Honorary Secretary of the Institution,
after
payment of all the subscriptions due from him, including that
for
the current year.
(b) A member's name shall be removed from the Register as
from the
date on which his resignation becomes effective.
RE-ADMISSION
33. The Council may re-admit to membership 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
entrance fee and arrears of subscription as the Council may
determine. In the event of the Council deciding to refuse
re-admission
in any particular case, they may do so without assigning any
reason.
EXPULSION
34. The Council, in accordance with Bye-Laws 36 to 41, may
expel any
member who shall have wilfully acted in contravention of the
Bye-Laws
and/or Code of Ethics of the Institution, 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 Institution and he
shall
thereupon cease so be a Fellow, Member, Associate Member,
or Student
(as the case may be) of the Institution.
CODE OF ETHICS
35. (a) The council shall prepare and publish from time to
time a Code
of Ethics containing standards of conduct designed for the
protection of the public, which standard members must subscribe
to and follow in the practice of professional engineering;
(b) Copies of the Code of Ethics shall be issued to all members
upon
their admission to the Institution.
DISCIPLINARY PROCEEDINGS AND PROFESSIONAL
CONDUCT
36. The Council may from time to time make, amend, or rescind
Regulations for the
purpose of:-
(a) setting up (either temporarily or for a period or ad hoc),
a
Disciplinary Body or Bodies to investigate any allegation
of
improper conduct on the part of a member;
(b) setting up (either temporarily or for a period or ad hoc),
a Body
or Bodies to adjudicate upon any such complaint or allegation
and (if the same shall be held to be justified) to recommend
such order (if any) as it or they may consider appropriate;
(c) providing for the publication of recommendations of the
last
mentioned body or bodies;
(d) determining the constitution and membership and regulating
the
procedures of any body referred to in this Bye-Law;
(e) dealing with any other matter which may be relevant to
any such
body or its functions.
The said Regulations shall be designed to ensure that any
allegation
of improper conduct shall be properly investigated and (if
sufficiently serious) be referred for adjudication by the
Disciplinary Body; that before being called on to deal with
any
complaint or allegation of improper conduct on his own part
a member
shall know what is the complaint or allegation; that before
being
found guilty of such conduct the member shall be given full
and fair
opportunity of being heard; that in all other respects the
investigation shall be made and the proceedings conducted
and the
decision reached in accordance with natural justice; and that
any
decision shall be made known to members and others so far
as may
appear to be necessary or desirable.
37. Every member of any class is required so to order his
own conduct as
to uphold the reputation of the Institution.
38. For the purpose of this and the next two succeeding Bye-Laws
"improper conduct" shall mean:
(a) Any breach of these Bye-Laws or any Regulations or Rules
or
direction made or given hereunder, and
(b) any other conduct which shall indicate unfitness to be
a member
of this Institution.
For the said purpose any member who shall be convicted, by
a
competent tribunal, of a criminal offence or who may have
committed
a breach of professional discipline under any Act governing
the
registration of engineers which, in the opinion of the Council,
renders him unfit to be a member, shall be deemed to have
been guilty
of improper conduct.
39. If a member shall have been guilty of improper conduct,
the
Disciplinary body may recommend to the Council such order
as it may
consider appropriate. The orders which the Disciplinary Body
shalI
have power to recommend shall be expulsion from membership
of the
Institution, suspension of membership for any period, reprimand
or
admonition, or that further action be taken by any relevant
authority.
The Disciplinary Body shall nave also, power to recommend
that a
member found guilty of improper conduct shall make a contribution
towards the expense of and cost to the Institution of and
incidental
to, any hearing before the Disciplinary Body. Membership shall
not be
suspended, nor shall a member be expelled from the Institution
except
by a majority of at least two-thirds of the members of the
Council
present and voting on the consideration of the recommendation
of the
Disciplinary Body.
40. Every Corporate Member is required to so 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's and employers and towards others with whom his work
is
connected and towards other members, in a manner consistent
with the
best interest of the Institution.
41. Any alleged breach of Bye-Laws 36 to 40 which may be brought
before
the Council, properly vouched for and supported by sufficient
evidence, shall be dealt with by the Council, either by expulsion
of
the offender from the Institution under the procedure of Bye-Law
34,
as far as it applies, or in such manner as the Council may
think fit.
THE COUNCIL AND OFFICERS
42. There shall be a President, a President-Elect, three Vice-Presidents,
an Honorary Secretary and an Honorary Treasurer of the Institution,
save that in place of, or in addition to, the Honorary Secretary
the
Council may appoint a Secretary at such remuneration and on
such terms
and conditions as they may think fit. A salaried Secretary
so
appointed shall not be a member of the Council but small be
present at
meetings of the Council. All members of the Council shall
be residents
of Jamaica. The President and President-Elect shall be Jamaican
citizens.
43.
The Council shall consist of:-
The President
President-Elect
Three (3) Vice-Presidents
Immediate Past President
The Honorary Secretary
The Honorary Treasurer
Chairman of each Division of the Institution
Six (6) ordinary Members of Council, two (2) of whom
may be Associate Members,
whose offices shall be honorary and without remuneration;
provided that
the offices of Honorary Secretary and Honorary Treasurer may
be combined.
The Chairman of each Division shall be elected by the Division
in
accordance with the provisions of By-Law 4 and Regulation
No. 1, Clause 11.
Any cases of doubt or difficulty as to eligibility for, or
retirement
from office shall be decided by the Council.
NOMINATIONS
44. Not later than the May meeting of each year, the Council
shall appoint
a Nominating Committee consisting of three (3) Corporate Members,
one
of whom shall be Chairman, and one (1) Associate Member, who
are all
Ordinary Members of Council. The Associate Member on the Committee
shall be responsible solely for the nominations of Associate
Members
for the two(2) posts on Council.
45. The Committee shall submit to the Council its recommendations
for
President, President-Elect, Vice-Presidents, Honorary Secretary,
Honorary Treasurer and Ordinary Members of Council.
46. The Institution in selecting nominees to fill vacancies
on the Council
each year, shall follow a procedure which will ensure that
as far as
possible, the broad categories of engineering interests within
the Institution are reflected in the composition of the Council.
47. Not later than the 15th day of July in each year each
member eligible
to vote may nominate according to Bye-Law 48, any other duly
qualified
person to fill any of the vacancies specified in Bye-Law 45
by
delivering such nomination in writing to the Honorary Secretary
together with the written consent of such person to accept
office if
elected.
48. Any ten (10) Corporate Members of the Institution may
nominate
candidates for President subject to Bye-Law 49. Any ten (10)
Corporate
Members may nominate Candidates for President-Elect according
to Bye-
Law 50. Any five (5) Corporate Members may nominate candidates
for
Vice-Presidents according to Bye-Law 51. Any two (2) Corporate
Members
may nominate candidates for Honorary Secretary, Honorary Treasurer
and other ordinary Members of Council according to Bye-Laws
52, 53, 54. Any two (2) Associate Members may nominate
candidates for the post of Ordinary Members of Council to
be filled by
Associate Members.
THE PRESIDENT
49. The President shall hold office for one (1) year and shall
be
succeeded by the President-Elect.
THE PRESIDENT-ELECT
50. The President-Elect shall be nominated from those Corporate
Members
with at least one (1) year's service on Council and at least
fifty
percent (50%) attendance at Council meetings in tnat year,
the period
of service to be within the five (5) years immediately preceding
the
year of his nomination as President-Elect. He shall hold office
for
one year and shall assume the office of President when the
President
demits office. If the office of the President becomes vacant
before
the expiry of the term of office, a Vice-President shall be
elected by
Council to fill the vacancy for the remainder of the term
of office.
VICE-PRESIDENTS
51. The Vice-Presidents shall be nominated from those Corporate
Members
with at least one (1) year, of satisfactory service on Council
and at
least fifty percent (50%) attendance at Council meetings during
that
year.
Each Vice-President shall hold office for one (1) year and
shall be
eligible for immediate re-election for the succeeding year,
but
thereafter shall not again be eligible for election as vice-President
until an interval of one (1) year.
THE HONORARY SECRETARY
52. The Honorary Secretary shall be a Corporate Member.
He shall hold office for a period of one (1) year and
shall be eligible for immediate re-election to the
same or any other office in which he is qualified to
serve.
THE HONORARY TREASURER
53. The Honorary Treasurer shall be a Corporate Member.
He shall hold office in that capacity for one (1) year
only, but shall be eligible for immediate re-election
to the same or any other office in which he is
qualified to serve.
ORDINARY MEMBERS OF COUNCIL
54. Ordinary Members of Council shall be nominated from
among the Corporate Members and Associate Members,
with wo (2) posts to be filled by Associate Members.
The Associate Members on Council shall be entitled to
participate in all the deliberations of Council but shall
be non-voting members. The period of office of any Ordinary
Member shall be one (1) year and he shall be eligible for
immediate
re-election. No Ordinary Member of Council shall hold office
for more
than two consecutive, years. In the event of no Associate
Members
being elected, Council shall deal with the resulting vacancies
as
casual vacancies and shall fill these in accordance with Bye-Law
60.
BALLOT AND BALLOTING PROCEDURE
55. Vacancies in the offices of President, President Elect,
Vice-
Presidents, Honorary Secretary, Honorary Treasurer, and Ordinary
Members of the Council shall, subject to the provisions of
Bye-Law 60,
be filled annually by a ballot of Corporate Members of the
Institution
in respect of offices for Corporate Members, and by a ballot
of the
Associate Members of the Institution in respect of offices
for
Associate Members.
56. Not later than the 1st day of August in each year, or
such later date
as the Council may approve, the Council shall send to each
member
eligible to vote a ballot paper containing the name of all
persons
duly nominated, whether by Council or otherwise, to fill the
vacancies
referred to in Bye-Laws 45 to 46.
Provided that if the candidates nominated for any class of
vacancy are
not more in number than the vacancies of that class the person
so
nominated shall be deemed to be duly elected and there shall
be no
ballot with respect to that class of vacancy.
In the event of there being a ballot, each eligible member
voting shall
delete sufficient names to reduce the number of names on the
ballot
paper after such deletion to the number to be elected to the
respective offices. The ballot papers shall be returned to
the
Honorary Secretary of the Institution so as to reach him no
later than
the 31st day of August in each year, and they shall be so
marked and
returned as may from time to time be determined by the council.
57. Not later than the Council meeting held in August each
year, the
Council shall choose two or more members to be scrutineers
for the
purpose of the ballot. The ballot papers shall be delivered
unopened
by the Honorary Secretary to the scrutineers, who shall open
them and
count the votes and report the results to the President of
the
Institution prior to the Annual General meeting.
In the event of the scrutineers being unable to report the
election of
the prescribed number of persons to fill the vacancies in
the Council
owing to an equality of votes, they shall submit names of
the
Candidates having the same number of votes to the President,
who
shall determine by his casting vote, or votes which such Candidate
or
Candidates having such an equality of votes shall be elected.
58. The names of the officers and members of Council for the
ensuing year
shall be announced by the President,or in his absence by the
Chairman of the meeting, at the Annual General
meeting, and they shall assume office immediately after the
conclusion of
the business of that meeting.
VACATION OF OFFICE
59. The office of member of the Council shall ipso facto be
vacated:
(a) If he becomes bankrupt or lunatic, or
(b) If by notice in writing to the Institution he resigns
his office, or
(c) If he ceases to be a Corporate Member or Associate Member
of the
Institution, or
(d) If he is absent from three (3) consecutive meetings of
Council
without the approval of Council.
CASUAL VACANCIES
60. Casual vacancies in the offices of President, President-Elect,
Vice-
President, Honorary Secretary, Honorary Treasurer and Ordinary
Members of
Council may be filled by the Council. The Council shall determine
the
period for which the person so chosen shall hold office provided
that
such period shall not be longer than the vacating member of
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
under the provision of Bye-Laws 49, 50, 51, 52, 53 and 54.
PROCEEDINGS, POWERS AND DUTIES OF THE COUNCIL
61. The Council shall direct and manage the property and affairs
of the
Institution in accordance with the Regulations and the Bye-Laws
of the
Institution and may exercise all such powers of the Institution
as may be
exercised by the Institution and which are not required by
these Bye-Laws
to be exercised by the Institution in General Meeting.
62. No action or other proceedings for damages shall be
taken against the Council, or any member or official of
the Council, or any person appointed by the Council, by
any member of the Institution, for any Act done in good
faith in the performance or intended performance of any
duty or in the exercise or intended exercise of any
power under the Constitution, a Regulation or a Bye-
Law, or for any neglect or default in the performance
or exercise in good faith of any such duty or power.
63. The Council may meet as often as the business of the
Institution may require, and in any event not less than
once per month, and meetings shall be held at the
Headquarters of the Institution or such other places as
the President may decide. At every meeting of the
Council seven (7) members entitled to vote shall
constitute a quorum, and all matters shall be decidedby a
majority, except as otherwise herein provided for.
The Honorary Secretary shall, on the request of the President
or any two
(2) Vice-Presidents or any three 3) members of the Council,
convene a
meeting of the Council.
It shall be competent for the Council to seek by post the
views of the
members of the Council on any matters, including those concerned
with
applications for membership of the Institution.
64. At any meeting of the council each voting member of Council
present shall have one (1) vote. The Chairman shall have a
casting vote. The Chairman
may direct, or any two (2) voting members present may demand,
that
the voting shall be by secret ballot.
65. At each meeting of the Council the Chair shall be taken
by the President
or, in his absence, a Vice-President elected by the members
present, or
in the absence of all Vice-Presidents, a member of the Council
elected by
the members present.
66. On the demand of any five (5) members of Council present
at any meeting
of Council, any Resolution of the Council passed at such Meeting
shall be
deferred to the next meeting for further consideration, and
in such case
the Resolution shall not become effective unless it is confirmed
by a
majority at the next such meeting.
Provided always that the consideration of such Resolution
shall not be
further deferred at such next meeting except by a Resolution
of the
Council.
67. The Council may appoint or dissolve committees for particular
purposes,
consisting of members of Council and Corporate members and
others.
The Council may delegate its power of appointment in whole
or in part to
the President with an obligation to report back for the record.
The Committees shall be organized under two (2) categories:-
(a) Standing Committees which are chiefly concerned
with administrative matters.
(b) Special Committees which are concerned with
Professional and Technical matters and which may
operate jointly with other organizations.
The President shall be Ex-officio member of all
Committees of the Institution.
68. The Council may appoint representatives for such
purpose and with such powers as they may determine.
Such appointment may be made from members of the
Institution or from such persons as the Council may
select to further the interests and work of the
Institution and may be canceled at any time by the
Council.
69.
Minutes shall be kept of all Annual General meetings, Special
General meetings and of all meetings of Council.
The Council may cause minutes to be kept of the proceedings
of all
meetings of the Institution.
DUTIES OF THE HONORARY SECRETARY (OR THE
SECRETARY)
70. Subject to the direction of the Council, The Honorary
Secretary, or
the Secretary as Council may determine, shall conduct the
correspondence of the Institution, give notices to the members
of
all Ordinary meetings Council meetings, Special meetings and
Annual
General meetings, attend all meetings of the Institution,
and
of Council, and of Committees. He shall take minutes
of the proceedings of such meetings and keep a permanent record
thereof, read all minutes and communications that may be ordered
to be read and superintend the publication of such papers
and
publications as the Council may direct. He shall be the custodian
of all official records of the Institution. He shall also
engage,
subject to the approval of the Council, and be responsible
for all
persons employed as servants of the Institution and shall
generally
conduct the ordinary business of the Institution under the
direction of Council. He shall also act as Registrar for the
Institution.
DUTIES OF THE HONORARY TREASURER
71. Subject to the direction of Council, The Honorary Treasurer
shall
keep the books of Accounts of the Institution, issue notices
of
Fees and Subscriptions payable and be responsible for the
collection
thereof, disburse funds at the direction of the Council only,
and be responsible to Council for all assets liabilities and
property of the Institution. He shall prepare a Balance Sheet
and
Financial Report for presentation at the Annual General meeting,
be
responsible for obtaining from the Auditors an audited Balance
Sheet
and Financial Report and shall report on the financial condition
of
the Institution at such times as may be directed by Council.
MEETINGS
72. General meetings of the Institution shall be held at such
places
and at such times as the Council may appoint.
73. The meetings of the Institution shall be as follows:-
(a) Ordinary meetings for the reading and discussion of papers
on
engineering and allied subjects, for lecturers and discussions
on those subjects, and for visits to works of engineering
interest;
(b) The Annual General meeting;
(c) Special General meetings;
74. The Corporate Members shall alone be competent to vote
at the meetings
specified in Bye-Law 73 (b) and (c).
Subject to Bye-Law 29, each Corporate Member voting shall
have one (1)
vote.
75. In addition to the Ordinary meetings specified by Bye-Law
73, the Council
may at their discretion arrange for other meetings to be held
for the
dissemination of engineering knowledge by means of lectures
or
cinematograph or other pictorial representations, or for the
discussion
of papers thereon, and the Council shall determine the conditions
of
admission to such meetings, and the manner in which they shall
be
conducted.
76. The Ordinary meetings of the Institution shall be conducted
as prescribed
by the Council from time to time and the Council shall determine
the
conditions of admission to such meetings.
77. At the Ordinary meetings no questions shall be discussed,
or motion be
made, relating to the direction and management of the Institution.
78. Every member of any class shall have the privilege of
introducing one or
more visitors at each Ordinary meeting of the Institution,
by writing his
or their names in the book provided for that purpose.
79. The Annual General meeting shall be held in the month
of September or at
such earlier time as the Council may determine. The business
of the
Annual General meeting shall be to receive and consider the
Report of
the Council and the accounts of the Institution for the past
year; to
elect Auditors; and (with the approval of the Council) to
transact any
other business of which notice in writing shall have been
given to the
Honorary Secretary at least twenty-eight (28) days before
such meeting.
80. A Special General meeting may be called at any time by
the Council for any specific purpose relating to the
direction and management of the affairs of the
Institution or for revoking, altering or amending any
Bye-Laws of the Institution and the Council shall at
all times call such meeting on a requisition of ten
(10) Corporate Members, specifying the nature of the
business to be transacted.
PROCEEDINGS AT MEETINGS
81. The President shall preside at all Ordinary and General
meetings of the Institution at which he is present. In
the absence of the President, one of the Vice-Presidents,
or if none be present, a member of the Council shall
preside, provided always that the President may in any
case designate the member of Council who shall act in
his place.
82. Votes may be given at any Annual or Special General
meeting either personally or by proxy. On a show of
hands every member of any class present in person and
entitled to vote at such meeting shall have one (1)
vote. In case of a poll every member of any class present
in person or by proxy and entitled to vote at
such meeting shall have one (1) vote.
83. No person shall be appointed a proxy to vote at any
meeting who is not entitled in his own right to vote at
such meeting.
84. The instrument appointing a proxy shall be in writing
under the hand of the appointer or his Attorney, and
shall as nearly as circumstances admit follow Form B
in that behalf contained in the Schedule hereto.
The instrument appointing a proxy, and the Power of
Attorney (if any) under which it is signed shall be
deposited at the office of the Institution not less
than forty-eight (48) hours before the time for
holding the meeting at which the person named in the
proxy proposes to vote, but no instrument appointing a
proxy shall be valid after the expiration of six (6
calendar months from its date except on a poll
demanded at a meeting in cases where the meeting was
originally held within six (6) calendar months of such
date.
A vote given in accordance with the terms of an
instrument appointing a proxy shall be valid
notwithstanding the previous death of the principal or
revocation of the proxy unless intimation in writing
of the death or revocation shall have been received at
the office of the Institution prior to the meeting.
85. A poll may be demanded by the Chairman of any Annual or
Special General meeting or by any six (6) persons
personally entitled to vote thereat and if so demanded
shall be taken in such manner and in such time within
twenty-eight (28) days next after the meeting and at
such place as the Chairman of the meeting directs and
either immediately or after an interval or at an
adjourned meeting The result of the poll shall be
deemed to be the Resolution of the meeting at which the
poll was demanded. The fact that a poll has been
demanded shall not prevent the continuance of the
meeting for the transaction of any business other than
the question on which a poll has been demanded. A
demand for a poll may be withdrawn. No Notice need be
given of a poll not taken immediately.
86. In the case of an equality of votes the Chairman of the
meeting shall both on a show of hands and at a poll
have a casting vote in addition to his personal vote.
87. The quorum of any Annual or Special General meeting
shall be twenty-five (25) of those persons entitled to
be present and vote thereat and no business shall be
transacted at any such meeting unless the quorum be
present. If a quorum be not present within half-an-hour
from the time appointed for holding the meeting, the
meeting may be postponed.
88. Fourteen (14) days notice at the least shall be given
of all Annual and Special General meetings. The notice
shall specify the nature of the business to be
transacted, and no other business shall be transacted
at these meetings except such business (if any) at an
Annual General meeting of which notice shall have been
given as provided in Bye-Law 79.
89.
The accidental omission to give notice of a meeting to any
member of any class shall not invalidate the meeting.
FINANCE
90. The Council shall cause to be kept proper and sufficient
accounts of the capital, funds, receipts and expenditure of
the
Institution so that the true financial state and condition
of the
Institution may at all times be exhibited by such accounts.
91. The financial year of the Institution shall end on the
31st day
of July in each year; and the accounts of the Institution
shall
be made up to that date, and after having been approved by
the
Council and audited by an Auditor or Auditors, shall, together
with the Auditor's Report be laid before the Annual General
meeting next following.
92. The appointment, powers and duties of the Auditor or Auditors
shall be regulated as nearly as may be and with the necessary
modifications in accordance with the provisions of the
Companies Act 1965, or with any statutory modification thereof
for the time being in force, as if the Institution were a
Friendly
Society registered under that Act.
93. The Council shall allocate and remit to each Division
such
monies as may be fixed under Clause 7 of Regulation 1 made
under the previsions of Bye-Law 95 and such further monies
additional thereto as the Council may consider necessary for
the efficient administration of such Division or for the
promotion of some special activity such as to foster the aims
and objectives of the Institution.
BYE-LAWS AND REGULATIONS, ETC.
94. These Bye-Laws or any other Bye-Laws for the time being
in
force may be added to, revoked, altered or amended only at
a
Special General meeting convened for the purpose under the
previsions of sub-paragraph (c) of Bye-Law 73 and Bye-Law
80.
Such addition, revocation, alteration and amendment shall
have immediate effect if two-thirds or more of the Corporate
Members present in person or by proxy at such Special Meeting
vote in favour thereof.
95. The Council may make Regulations, and may from time to
time
amend or revoke such Regulations, for
(i) the conduct of the affairs of any Division or Branch of
the
Institution established under the provision of Bye-Laws 3
or 6, and
(ii) any other purpose not inconsistent with these Bye-Laws.
96. The Council may approve any local Rules presented by any
Division under the provisions of any Regulations made under
Bye-Law 95.
97.
No Report of the proceedings of any meeting of the
Institution or of the Divisions shall be published
except with the previous consent of the Council.
COPYRIGHT
98. Every paper presented to the Institution and accepted
for reading or for publication in full or in abstract,
and every paper read before the Institution or
Division and the copyright thereof, shall be the
property of the Author.
The agreement to read a paper to the Institution shall
confer the rights to publish the paper together with
reports of the proceedings and discussions at the
meeting.
The rights of publishing all such papers inclusive of
the reports of the proceedings and discussions at
meetings of the Institution and of the Divisions
shall be reserved to the Council who may, as they
think fit, give their consent to the publication in
approved cases.
NOTICES
99. Any notice may be served or any communication may be
sent by the Council or by the Honorary Secretary of
the Institution upon or to any member of any class
either personally or by sending it prepaid through the post
addressed to such person at his address as registered
in the books of the Institution.
Any notice or communication, if served or sent by post,
shall be deemed to have been served or delivered on the
tenth (10) day following that on which the same
is posted; and in proving such service or sending, it
shall be sufficient to prove that the notice or
communication was properly addressed and posted.
INCORPORATION OF KINDRED SOCIETIES
100.The Council may, upon receipt of a request to the effect
from any Society with objects kindred to those of the
Institution; arrange for the union, alliance or
incorporation of such Society with the Institution
and may also if they think fit, remit or reduce the
entrance fees of the members of such Society at the
time of union, alliance or incorporation; provided that
no such union, alliance or incorporation shall be
effective unless it is sanctioned by a Special General
meeting.
SCHEDULE
FORM A
(Bye-Law 11 refers)
I, the undersigned, agree that, in the event of my election
to membership of any class in the Jamaica Institution of
Engineers, I will be governed by the Constitution and
Bye-Laws of the Institution, as they now are or as they
may hereafter be altered; and that I will advance the
objects of the Institution as far as shall be in my power:
provided that, whenever I shall signify in writing to The
Honorary Secretary of the Institution that I am desirous
of withdrawing from the Institution I shall, after payment
of any arrears which may be due by me at that period, be
free from this obligation.
-----------------------------------
SCHEDULE
FORM B
(Bye-Law 84 refers)
Jamaica Institution of Engineers,
I, _____________________________ of ________________________
being a Corporate Member of the above Institution hereby
appoint ________________________ of _______________________
or
failing him ____________________ of _______________________
as my
proxy at the Annual General meeting/Special General
meeting of the Institution to be held on the _________________
day of _______ 20______ and at any poll held in connection
therewith.
And witness my hand this ______________________ day
of ____________ 20_______.
Signature _________________________________
Class of membership of the Institution _____________________________
JAMAICA
INSTITUTION OF ENGINEERS
REGULATION NO. 1
MADE BY THE COUNCIL OF THE INSTITUTION
UNDER BYE-LAW 3
FOR THE DIVISIONS OF THE INSTITUTION
1. The Divisions when constituted shall, until otherwise
determined by the council, be as follows:
Civil Engineering
Electrical Engineering
Mechanical Engineering
Chemical Engineering
2. The Headquarters of each Division when constituted
shall, unless otherwise determined by the Council, be
located at the Headquarters of the Institution.
MEMBERSHIP
3. In accordance with Bye-Law 5, any member may be
registered in more than one (1) Division but shall be
deemed to be attached to one (1) Division for the
purpose of election to Council.
4. A Divisional Register of all members attached to the
Division showing their classes of membership and
addresses and such other particulars as the Divisional
Committee may from time to time prescribe, shall be
kept at the Headquarters of the Institution.
5. A Divisional Committee may admit as a visiting member
any, person who, being a Corporate Member of an
Engineering Institution, Institute or Society
recognized by the Council, is a bona fide visitor to
Jamaica. He shall take no part in the government of
the Division and the period of his visiting membership
shall not extend beyond a maximum of six (6) months in
respect of his visit to Jamaica.
FINANCE
6. No subscription shall be required from a member of a
Division in addition to that payable to the
Institution under its Bye-Laws.
7. The Institution shall bear the ordinary expenses of
each Division, which expenses shall have the prior
approval of the Council.
8. The Divisional Committee shall cause a true account to
be kept of all sums of money received and expended by
the Committee and of matters in respect of which such
receipt and expenditures take place and of all the
effects, credits and liabilities for which the
Division is held responsible by the Institution. This
account shall be presented, on demand, to The Honorary
Treasurer of the Institution.
MANAGEMENT
9. The affairs of each Division shall be managed by a Divisional
Committee constituted as follows:-
A Chairman
A Past-Chairman
A Divisional Honorary Secretary /Treasurer
One (1) Ordinary Member of Committee
whose offices shall be honorary and without remuneration.
The Chairman and Past-Chairman shall be Corporate Members.
The Honorary Secretary/Treasurer and Ordinary members of
Committee may be Corporate or Non-Corporate Members.
10. The Divisional Committee shall assume office immediately
after the Divisional Annual General meeting at which the
result of the ballot of its election is declared and shall
remain in office until the conclusion of the next Annual
General meeting of the Division.
A member of the Divisional Committee desiring to resign
from that Committee shall tender his resignation in writing
to the Honorary Secretary of the Division, or to the
Chairman as appropriate.
ELECTION OF DIVISIONAL COMMITTEE
11. (1) When a Division is first formed, the election of
a complete Divisional Committee shall take place at
a Special General meeting of members of the
Institution registered in such Division, and
thereafter the election of the Divisional Committee
shall be in accordance with the provisions of sub-
clause (2) of this clause.
(2) The mode of election of the Divisional Committee
shall be by the vote of members present at the
Divisional Annual General meeting. The election
shall be held not later than the 31st day of July
in each year and shall be subject to the approval
of Council, provided that:-
(a) The Chairman shall be nominated by the Division
from the Corporate Members of that Division. He
shall not hold office in that capacity for more
than two (2) years in succession.
(b) The Ordinary Member of Committee shall hold office
for one (1) year but shall be eligible for
immediate re-election to the same or any other office;
(c) The Divisional Secretary/Treasurer shall retire
annually and each shall be eligible for immediate
re-election in that office.
(d) On an appropriate date in the later part of each
session the Divisional Committee shall prepare a list of duly
qualified persons nominated
by the Divisional Committee for election to the
vacancies about to occur in the offices of Chairman,
Divisional Honorary Secretary/Treasurer, and Ordinary
Member of Committee.
(e) The Division in selecting its nominees to fill
vacancies on the Committee each year shall follow
a procedure which will ensure that as far as possible
the broad categories of engineering interests within
the Division are reflected in the composition of
the Divisional Committee.
(f) not later than the 15th day of June in each year any
five (5) members of the Division may nominate any
other duly qualified person to fill the vacancies
occurring in the office of the Chairman and any two (2)
members attached to the Division may nominate any
other duly qualified person to fill any vacancy about
to occur on the Divisional Committee by delivering
such nomination in writing to the Divisional Honorary
Secretary, together with the written consent of such
person to accept office if elected, but each such
nominator shall be debarred from nominating more than
three (3) persons for the same election.
Provided that if the candidates nominated for any
class of vacancy are not more in number than the
vacancies of that class the persons so nominated
shall be deemed to be duly elected and there shall
be no ballot with respect to that class of vacancy.
(g) In the event of there being a ballot the, Divisional
Committee shall, at the Divisional Annual General
meeting, present to each member of the Division
entitled to vote a ballot paper containing the names of
all persons duly nominated, wether by the Divisional
Committee or otherwise, wether to fill the vacancies
referred to in paragraphs (d) and (f) above.
(h) In the ballot each Corporate Member, or Associate
Member voting shall delete sufficient names to reduce
the number of names on the ballot paper after such
deletions to the number to be elected to the
respective offices. The ballot papers shall be
returned to the Divisional Honorary Secretary so
marked and returned as may be from time to time
determined by the Divisional Committee; and the
Divisional Chairman shall declare the results of
the election before the end of the meeting. Any
matters of procedure arising in the election of a
Divisional Committee other than those dealt with in
paragraphs (a) to (h) above, shall be dealt with by
the Divisional Committee who shall follow as nearly
as possible the practice applying from time to
time to the election of the Council unless any
specific variation therefrom is confirmed by the
Council for inclusion in the Rules of the Division,
or, in the absence of any such
Rules, in the standing procedure adopted by the
Divisional Committee.
12. Immediately following the election of the Divisional
Committee each Divisional Honorary Secretary shall send
to the Honorary Secretary of the Institution a list of
the names and offices of the Divisional Committee.
13. The provisions of Bye-Laws 58 and 59 shall apply mutatis
mutandis to Divisional Committees as though the
members concerned were members of the Council.
PROCEEDINGS, POWERS AND DUTIES OF THE DIVISIONAL COMMITTEE |