6235 Numbered Turkish Engineer and Architect Chambers Union Law
TURKISH ENGINEER AND ARCHITECT CHAMBERS UNION LAW
Legislation Number: 6235
Admission Date: 27 January 1954
Published Official Gazette: Date: 4 February 1954 Issue: 8625
Published Rule: Array: 3 Volume: 35 Page: 280
I – CHAMBERS UNION
Article 1 – (Amendment: 19/4/1983 – KHK 66/1 Art)
Turkish Engineer and Architect Chambers Union as a legal entity collecting master architects, engineer msc, architects and engineers within the boundaries of Turkey who are authorized by law to exercise their profession and art within the organization is established.
Chief Office of the chambers and unions that are professional organizations with public institution status is located in Ankara.
Article 2 – (Amendment: 19/4/1983 - KHK 66/2 Art)
Foundation purposes of the union with activities and jobs that cannot be performed are shown below.
Foundation Purpose of the Union
a -Separation of engineers and architects into different specialization branches and determining establishment of chambers for each branch;
By this means collecting members of the same profession within the body of a chamber; establishing the chief office of the Chamber which does not have enough members for positions like administrative committee, court of honour and auditors in a location decided by Board of Directors;
b - Fulfilling the common necessities of the members of engineer and architect professions, expedition of the occupational activities, development of the professions in accordance to general interests, engaging in all initiatives and activities deemed necessary to protect occupational discipline and ethics and to establish honesty and trust with members of the profession in the relations with each other and public;
c – Cooperation with official seats regarding profession and interests to provide necessary assistance and proposals, analyzing entirety of legislation norms and technical specifications regarding profession and providing observations and opinions to those concerned.
(Amendment: 18/6/1997 - 4276/6 Art) Union and bodies cannot participate in actions outside the scope of their foundation purposes.
Article 3 (Amendment: 27/5/1959 - 7303/1 Art)
These are the administrative bodies of the union:
a – Union Board of Directors;
b – Union Board of Administration;
c – Court of Honour;
Article 4 (Amendment first subsection: 6/9/1983 - KHK 85/1 Art)
Union Board of Directors is consisted of delegates chosen by the chambers every two years, from among seniors of the profession of at least 10 years, in proportion to %2 of the total member count, being at least three and no more than a hundred. Board of directors are gathered by the majority of the exact members count and takes resolutions by the majority. In the case of not being able to constitute majority in the first meeting, majority is not required for the second meeting. It is mandatory for members to attend and vote for the meetings concerning election progress of Board of Directors and those who do not attend and vote without a valid excuse are penalized by the Court of Honour.
(Amendment: 27/5/1959 - 7303/1 Art) These are the duties of Board of Directors:
a – Passing resolutions concerning organization purpose of the Union;
b – Searching for fields regarding development of the profession and necessary activities and fixating basis for those matters;
c – Examining operations and accounts of the Board of Administration and giving instructions;
d – Admitting income and expense budgets;
e – Appointment of the permanent or temporal, paid or unpaid agents and fixating their fees;
f - (Amendment: 6/9/1983 - KHK 85/1 Art) Electing Board of Administration, Court of Honour and Union Overseers and their substitutes by secret votes.
Chambers which does not pay Union shares cannot participate in Board of Directors meetings.
Article 5 – (Amendment: 19/4/1983 - KHK - 66/4 Art)
Union Board of Administration is consisted of members chosen by Board of Directors, from among delegates of each present Chamber in the general assembly with the purpose of having one representative for each Chamber.
Board of Administration elects a chairman, vice chairman and accountant amongst themselves with secret vote. In case of a member leaving Board of Administration, substitute member of the same Chamber replaces the member.
Article 6 – Duties of the Union Board of Administration:
Executing resolutions taken by Board of Directors, controlling and expediting the practices of the Chambers, ensuring proper usage of the rights and authorities given by this law and representing the Union outside and within.
Article 7 – (Amendment: 27/5/1959 - 7303/1 Art)
Union Public Clerk is appointed by Union Board of Administration with the duty of implementing resolutions of Board of Directors and Board of Administration and union practices.
Public Clerk attends meetings of Board of Administration and gives opinions, but, cannot participate in vote.
Article 8 – (Amendment: 19/4/1983 - KHK - 66/5 Art)
Court of Honour is founded by five main members chosen by the Board of Directors amongst delegates by secret vote. Five substitute members are chosen separately.
Article 9 – Duration of the main and substitute members chosen for Court of Honour is two years. Members whose duration is over can be re-elected.
Article 10 – Court of Honour assembles with count of members and takes resolution by majority. Court of Honour investigates resolutions of Chamber Board of Discipline and objections stemming from them on documents, confirms with declaration of necessary reasons, overrules or returns the file to the concerned chamber.
In the case of Chamber Board of Discipline insisting on their verdict, final judgment belongs to the Court of Honour.
Article 11 –(Amendment: 19/4/1983 - KHK - 66/6 Art)
Ministry of Public Works summons the Court of Honour for a meeting when necessary. Turkish Engineer and Architect Chambers Union is obligated to ensure the announcement and execution of the resolutions taken by the Court.
Article 12 – (Amendment: 27/5/1959 - 7303/1 Art)
These are the Union incomes:
a – Shares fixated by the Board of Administration in accordance to total registered members each year for each member and paid by the Chamber’s budget;
b – Exceptional grants made by Chambers;
c – Publication incomes;
d – Aids and donations;
e – Miscellaneous incomes.
II – CHAMBERS
Article 13 - (Turkish Engineer and Architects Chambers) can be founded where it deemed necessary by the Board of Directors.
Article 14 – (Amendment: 27/5/1959 - 7303/1 Art)
Each specialization branch opens a single chamber. Engineers and architects with different specialization and field of business; will only register to chambers in relation with their specialization and field of business.
Article 15 – For being a true member of chambers, it is required to have Turkish Republic citizenship and legal authority to perform profession and art within Turkish borders.
Article 16 – Forest and agriculture professional engineers and engineers can be included in the Union by establishing a chamber with the resolution by Board of Directors of the guilds they belong to.
Article 17 – Members of a specialization that does not have enough numbers for organization of a chamber are imported to the chamber closest to their specialization by the resolution of Board of Directors.
Article 18 – Each chamber can establish branches and form agencies at places designated and fixated by their own board of directors.
Article 19 - (Amendment: 19/4/1983 - KHK - 66/7 Art)
Chambers are only obligated for duties concerning their own chambers determined by the Board of Directors for the purposes stated by the 2nd article of this law.
(Amendment: 18/6/1997 - 4276/7 Art) Chambers and bodies cannot participate in actions outside the scope of their foundation purposes.
Article 20 - These are the administrative bodies of the chambers:
a) Chamber Board of Directors
b) Chamber Board of Administration
c) Chamber Board of Discipline
Article 21 – (Amendment: 27/5/1959 - 7303/1 Art)
Branch Board of Directors is consisted of true members registered to that branch and chamber board of directors are consisted of true members registered to that chamber.
(Add.: 6/9/1983 - KHK 85/2 Art)
Branch and chamber board of directors are gathered by the majority of the exact member count and takes resolutions by the majority. In the case of not being able to constitute majority in the first meeting, majority is not required for the second meeting. It is mandatory for members to attend and vote for the meetings concerning election progress of the Board of Directors and those who do not attend and vote without a valid excuse are penalized by the Chamber Board of Discipline.
Article 22 – Duties of the Chamber Board of Directors:
a) Taking resolutions regarding organization purpose of the chambers, examining operations of the Chamber Board of Administration and giving instructions, investigation of the accounts and making the budgets;
b) Electing Chamber Board of Administration, Board of Discipline members and substitutes along with overseers.
c) Electing main and substitute delegates suitable for Union Board of Directors.
(Add.: 19/4/1983 - KHK - 66/8 Art) Resolutions of Board of Directors are confirmed with a record.
Record is signed by Board of Directors Chairmanship Council and sent to Turkish Engineer and Architect Chambers Union.
Article 23 – (Amendment: 27/5/1959 - 7303/1 Art)
Chamber Board of Administration consisted of five or seven members chosen by the chamber board of directors.
Board of Administration elects a chief, deputy chief, clerk and accountant amongst themselves with secret vote.
Article 24 – Duties of the Chamber Board of Administration:
Implementing resolutions taken by Board of Directors, using rights and authorities given my law properly and ensuring communication and cooperation between the chamber and Union.
Article 25 – Chamber Board of Discipline is consisted of five persons chosen by chamber board of directors for two years.
Chamber Board of Discipline assembles with count of members and takes resolution by majority.
Article 26 - For the members of the profession registered to chambers who behave contrary to this law, who cause loss on purpose or with neglect in activities regarding the profession or those not obeying the contract they negotiated and those whore are confirmed violating professions honor and dignity, disciplinary punishments declared below are given by the board of discipline of the chamber they registered to:
a – Written warning;
b – Penalty fine ranging from (25) liras to (100) liras;
c – Penalty fine ranging from (100) liras to (1000) liras;
ç – Restraint from exercising independent art from 15 days to 6 months;
d – Extraction from the chamber.
There is no line of order for these punishments. The punishment is given in accordance to the nature and consequences of the incident constituted.
Article 27 – Written warnings and penalty fines as much as (100) liras given by board of discipline are absolute and …………….. (*)
Objections can be raised to Court of Honour regarding punishments in (c – ç -d) clauses of Article 26 within 15 days through chamber board of administration and these punishments cannot be executed without approval from Court of Honour.
Article 28 – (Amendment: 19/4/1983 - KHK - 66/9 Art)
Those extracted from the chamber indefinitely, and those restrained from exercising art within the time they are restrained, cannot perform professional activity in any manner or form. These are announced by Turkish Engineer and Architect Chambers Union to the all concerned positions and institutions immediately.
Article 29 – If those restrained from exercising art temporarily continue exercising their art, punishment is raised as much again.
Article 30 – Those who do not pay all kinds of chamber dues and other penalty fines to the chamber they are affiliated within 30 days starting from notification are prosecuted according to rules of Enforcement and Bankruptcy code.
(*)Line within the bracket (no authority can be appealed) is rescinded with the 19/7/1963 dated and E. 1963/112, K. 1963/196 numbered law by judgment of the Constitutional Court.
Article 31 – Resolution of extradition from the chambers can only be taken about individuals who lost their civil rights according to public verdicts and those deemed absolutely necessary to be suspended from profession.
Article 32 – (Amendment: 27/5/1959 - 7303/1 Art)
Incomes of the chamber are:
a – Registration fees of members;
b – Yearly contributions of members;
c – Charges in return for services;
ç – Credential charges;
d – Publication revenues;
e – Aids and donations;
f – Penalty fines;
g – Profits originating from participations;
h – Five percent of the money those mentioned in dispatches and took place at professional competitions and selected for jury will receive;
ı – Miscellaneous incomes.
III – PUBLIC PROVISIONS
Article 33 – Individuals belonging to engineering and architecture professions in Turkey have obligation register in a chamber appropriate for their profession and keep their member qualifications in order to tend dealings requiring exercise of their profession or performing occupational schooling.
(Amendment: 19/4/1983 - KHK - 66/1O Art)
Enrolling of engineering and architecture profession members working primary and continuously in State Institutions and Organizations, State Owned Enterprises and Public Economic Organizations to a chamber related to their profession and specialization is arbitrary. Nevertheless, they are obligated, from a professional viewpoint, to the duties of colleagues registered to a chamber and have the same rights while performing activities for the sake of their assignments. In these matters, resolutions regarding members of Turkish Armed Forces are reserved.
Article 34 - (Amendment: 27/2/2003-4817/26 Art)
Foreign contractors and entities, on tasks concerning engineering and architecture they contracted along with a domestic company or on their own initiative with Government agencies, private institutions or individuals in Turkey, can employ international experts on the condition of being exclusive to this task only, by receiving opinion of Ministry of Public works and Chambers Union and with the permit from Ministry of Labor and Social Security.
Article 35 - (Amendment: 27/2/2003-4817/27 Art)
On tasks outside the scope of article 34, foreign professional engineers, engineers, professional architects and architects can be employed by receiving opinion of Ministry of Public works and Chambers Union and with the permit from Ministry of Labor and Social Security.
Article 36 – Foreign profession members who came according to article 34 and 35, in the case of staying in Turkey for more than a month, are registered as temporary members in the chamber closest to their specialization.
Article 37 – Professional engineers, professional architects, engineers and architects can not use any other title than that is given by law.
Article 38 - Professional engineers, professional architects, engineers and architects who does not comply with obligations stated by article 34 and 35 of this law are prohibited from professional activities in Turkey.
Article 39 – Resolutions of this law are applied with a regulation by citation of entrepreneur committees and approval of Union Board of Directors.
Additional Article 1 – (Add: 19/4/1983 - KHK - 66/12 Art)
Attending international meetings and assemblies in order to represent Turkish Engineer and Architect Chambers Union depends on having permission from Ministry of Public Works. Before the permission is granted, opinions may be received from Ministries of Internal and Foreign Affairs or other concerned Ministries in accordance with topic of the meetings and assemblies.
Additional Article 2 – (Add: 19/4/1983 - KHK - 66/12 Art)
Procedures regarding elections of branches of Turkish Engineer and Architect Union and Chambers with secret vote statutory by this enactment are executed under judiciary oversight by rudiments below.
A List designating members or delegates participating in election along with a letter prescribing meeting’s agenda, location, day, hour and terms regarding the gathering for a second meeting in case of not having majority is entrusted as three copies to the judge who is chairman of the county board of election on said location at least fifteen days before the general meeting where election will take place. In case of a location having more than one County Board of Election, functionary judge will be designated by Supreme Electoral Council. It is obligatory to designate meetings date by taking into consideration the other topics included in agenda of the meeting in a way the negotiations will be concluded until a Saturday evening and elections taking place between nine a.m – five pm on Sunday.
Judge, after fixing faults if there are any, by sending for and examining related records and documents when necessary, approves the list designating members of engineering and architecture profession who will participate in election and other terms designated in clause above. Approved list and terms regarding the meeting is declared on bulletin boards of the Turkish Engineer and Architect Chambers Union and related Chamber for three days.
Any complaints regarding the list is examined by the judge and concluded in an absolute matter in at most two days.
List finalized in this manner and other terms regarding the meeting is approved and sent to Turkish Engineer and Architect Chambers Union or related Chamber.
Judge assigns a board of election consisted of a chairman and two members amongst public officials or members of engineering and architecture profession who are not candidates. Likewise designates three substitutes. In the absence of chairman of board of election, oldest member acts as the chairman of the board.
Board of Election is obligated to administration and execution of the election according to the terms prescribed by the law and assortment of the votes, these duties continue uninterrupted until the election and assortment actions are concluded.
In the case of participating members count being more than four hundred, one ballot box is provided for each four hundred individuals and a board of election is formed for each ballot box. Surplus of members to a hundred is not taken into account in ballot box count. Tools and materials used in elections are provided by county board of election and locations of the ballot boxes are designated by the judge.
In the end of election period, election results are established with official records and signed by election board members and chairman. In the case of more than one ballot box, records are combined by the judge. Temporary election results are declared by putting up a copy of the record in election place. Used votes and other documents along with a sample of the record are entrusted to the county board of election chairmanship to keep in for three months duration. Complaints against elections results within two days of election procedures continuation and forming of official records are examined by the judge the same day and concluded absolutely. Right after exceeding complaint period and concluding complaints, judge declares final results in accordance to terms above and reports to Turkish Engineer and Architect Chambers Union and concerned Chamber.
(Amendment: 6/9/1983 - KHK - 85/3 Art) Voting progress is executed by secret vote open assortment terms. Members whose name is not on the list cannot vote. Votes are cast after voters identity is confirmed by a document given by chamber, Turkish Engineer and Architects Chambers Union or official institute and signing the spot in front of the name located on the list. Votes are cast by writing on papers with a seal of county board of election and given separately for each election by chairman of election board during voting progress and placing them in sealed envelopes. Votes written on different papers or placed in envelopes without a seal are invalid. In election of delegates, printed lists can be used.
In the case of judge ruling on cancelation of the election with the reason of irregularity on a scale of effecting the results or practice against the law, designates a Sunday to renew the election at a time no less than one or no more than two months and reports to Turkish Engineer and Architect Chambers Union. On this day, only the election takes place and election procedures are executed by terms according to this article and prescribed by this law.
A fee is paid to the judge who is chairman of county board of elections and to the chairman and members of election board in accordance with the terms of the Law on Basic Provisions on Elections and Law about Register of Electors.
This fee and other election expenses are afforded from the budget of the Union and Chambers.
Any crime committed against election board chairman and members are punished as crimes committed against State officials.
For those not complying with measures taken by judge and election boards for the purpose of execution of election in order and vigorously, disciplinary punishments in accordance with the significance of the action are given written in this Law.
Additional Article 3 – (Add.: 19/4/1983 - KHK - 66/12 Art)
Administrative and financial audits are performed upon Turkish Engineer and Architect Chambers Union by the Ministry of Public Works and upon Chambers in accordance with their specialization branches by the ministries concerned. Concerned Ministries are fixated by Ministerial Council Enactments.
Additional Article 4 – (Add: 19/4/1983 - KHK - 66/12 Art)
(Amendment first clause: 18/6/1997 - 4276/8 Art) Dismissal and replacement of responsible officials of the Union and chambers who acts outside the scope of their purpose is determined by civil courts of general jurisdiction with simple entry proceedings by the request from Ministry of Public Works or Chief Public Prosecutor’s Office of the location and the case is concluded in three months at the latest.
Branches dismissed from the office are replaced with new members in a month at the latest. Those chosen complete the period of the former.
Functionary branches of the Union and Chambers are obligated to comply with the dispositions of concerned Ministries about their resolutions and procedures statutory by this law in accordance with the enactment.
Sentences of clauses above is executed on branches which does not carry out dispositions of concerned Ministries without a legal basis or taking resolutions qualified as mutiny on older resolutions or not complying with procedures deemed mandatory by law despite notification by Ministry.
Penal responsibilities written in law of chairman and members of branches dismissed from the office are reserved. Dispositions of the branches that caused dismissal from office according to clause above are void.
(Amendment: 18/6/1997 - 4276/8 Art) Nevertheless, in the case of national security, committing crime or preventing continuity of a crime or when there is inconvenience of delay when apprehension deemed necessary, Union and chambers can be prohibited from activity by the governor. Resolution of prohibition of activity is submitted to approval of commissioned judge within twenty-four hours. Judge declares judgment within forty-eight hours; otherwise, this administrative resolution ceases to have effect by itself. (*)
Additional Article 5 – 7 (Revoke: 29/6/2001 - 4708/ 13 Art)
Temporary Article 1 - All professional engineers, professional architects, engineers and architects present in Turkey are obligated to fill and deliver a statement taken from Public Works Department to a Public Works directorate or directly to the Public Works Department within two months starting from publication date of this law.
(*) This clause is reorganized and processed in the text as clause six by combining article 8 of the 18/6/1997 dated and 4267 numbered law and sixth and seventh clause.
Temporary Article 2 – Delegation consisted of two members sent from each occupational union operating in aforementioned date and five members assigned by Public Works Department is gathered in Public Works Department within a month starting from publication date of this law by disposition of Public Works Department. Within three months starting from publication date of this law, completes and announces preparations for chambers that will be founded by Chambers Union Regulations and other preparations necessary for the first meeting of board of directors. Within six months starting from publication date of this law, unions operating at that date gathers their board of directors and elects delegates based upon five percent of their registered members so as to not being less than three and reports their name and addresses to Public Works Department. Delegates elected by the unions are invited to the meeting by the Department sending written invitations to each. This delegation constitutes first Board of Directors of Turkish Engineer and Architect Chambers Union.
Board of Directors elects a chief, two deputy chiefs, and four clerks for the administration of the meeting. This committee takes resolutions by majority. However, for the resolutions regarding Regulation, two-thirds majority is required.
Temporary Article 3 – Duties of the First Chambers Union Board of Directors:
a – Negotiation and admittance of the Chambers Union Regulation prepared by entrepreneur committee;
b – Investigation and assignment of the necessary chambers to be established and chambers prepared
by entrepreneur committee and members of a specialization of which forming a chamber is not possible;
c – Electing Chambers Union Board of Administration and their substitutes;
ç - Electing Chamber Union Public Clerk and Overseers;
d – Electing members of Court of Honour and their substitutes;
Temporary Article 4 (Add. 27/5/1959 - 7303/1 Art)
Union Board of Administration is obligated to adapt the status of regulations and instructions of union and chambers according to verdicts of this law, bringing chief offices of chambers abroad to Ankara, transferring those registered to chambers outside the scope of their specialization and field of business to the chamber they belong and applying sentences of article 38 of the law numbered 6235 on those not complying with these matters.
Temporary Article 5 – (Add: 27/5/1959 - 7303/1 Art)
Accrued liabilities by the date this law goes into effect are collected.
Temporary Article 6 – 7 (Add.: 9/6/2000 - KHK - 601/3 Art; Revoke: 29/6/2001 - 4708/ 13 Art)
Article 40 – This law goes into effect beginning from its publication date.
Article 41 – (Amendment: 19/4/1983 - KHK - 66/11 Art)
Verdicts of this law are carried out by the Cabinet Council.