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[ECONF-ECI -DRAFT BILL]

 
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mehro
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Joined: 26 Jan 2003
Posts: 6

PostPosted: Fri Mar 28, 2003 3:43 pm    Post subject: [ECONF-ECI -DRAFT BILL] Reply with quote

The Draft Engineering Council of India Bill 2003 is enclosed.

S.C.MEHROTRA

Mehro Consultants



Draft Report of the Committee

The Engineering Council of India Bill, 2003

Aims and Objectives of the Bill

Technology is  visualized to play a key role in socio-economic
development.     Efficient use of resources – physical, financial
and human – will be a determining factor in raising the rate of
growth.  It has to be ensured that activities of engineering and
technology are performed by competent persons.

Recognition of  competence of engineers and technologists on the basis
of a degree obtained at one point of time is not enough.  Mechanism
has to be developed and installed for imparting relevant continuing
development and integrating the same with the process of
certification.  For this purpose, it is necessary to properly regulate
the practice of engineering by an Act of Parliament in order to
protect the public health, safety and welfare.

It is also important that engineers and technologists take
professional decisions with due honesty and integrity.  

For the operation of the Bill, an implementing agency shall render
life long support for the professional growth of engineers.

The Bill, which will become an Act after approval by the Parliament,
is to provide for the constitution of the Engineering Council of India
and the maintenance of National Registers of Professional Engineers,
Associate Professional Engineers and Consulting Engineering
Organizations and regulate engineering profession and matters
connected therewith.

CHAPTER 1

PRELIMINARY

1.     SHORT TITLE, EXTENT AND COMMENCEMENT

1.1 This Act may be called the Engineering Council of India Act, 2003.

1.2       It extends to the whole of India.

1.3 It shall come into force on such date as the Central Government
may, by    notification in the official Gazette, appoint.

2.     GENERAL PROVISIONS, AIMS AND PURPOSE

2.1 In order that the State and members of the public may be able to
identify those duly certified competent to take technical decisions
independently, whether as individuals or as consulting organizations,
it is the intent of the legislature to register them and to protect
the use of the title under which they are registered.

2.2     In furtherance of intent and purpose of the legislature, the
practice of engineering and technology is hereby declared a learned
profession to be practiced and regulated as such, and its
practitioners in Indian Union shall be held accountable to the State
and members of the public by high professional standards in keeping
with the ethics and practices of other learned professions in the
country.

2.3 It is the intent of the legislature to make participation in
continuing development programmes mandatory for all registered
engineers so that their expertise is updated.

2.4      A mechanism will be set up under this Act for laying down the
norms of professional conduct, updating the same from time to time,
and taking appropriate action for violating them.

2.5      The Engineering Council of India will be the organizational
mechanism for attaining the aims and objects of this Act.

3.     DEFINITIONS

     In this Act, unless  the context otherwise requires:

3.1 “Associate Professional Engineer” means a person who has been
duly registered by ECI as an Associate Professional Engineer.

3.2 “Certificate of Registration” means the certificate issued by
ECI granting the privilege of practicing as a registered Professional
Engineer, Associate Professional Engineer or Consulting Engineering
Organization;

3.3 “Chairman” means the person appointed to be the Chairman of
the Council of ECI and its Executive Committee;

3.4 “Consulting Engineering Organization” means an organization
employing professional engineers and technologists, whose principal
occupation is independent practice of engineering; whose earning is
obtained by offering engineering services to the public; who serves
clients as an independent fiduciary; who is devoid of public,
commercial and product affiliation that might tend to infer a conflict
of interest; who is cognizant of its public and legal responsibilities
and is capable of discharging them; and who is duly registered by ECI;

3.5 “Council” shall be the body consisting of all Members whose
names are standing in the Register of Members of ECI;

3.6 “Engineer” means a person who has graduated with a Degree or
equivalent in engineering or technology from an institution recognized
by the All India Council for Technical Education, Government of India
or any other appropriate body and such other qualifications as may be
approved by ECI;

3.7 “Engineering Council of India” means the Engineering Council
of India (herein called “ECI”) constituted under this Act;

3.8 “Executive Committee” means the Committee constituted for
managing the day-to-day functioning of  ECI;

3.9     “Practice” means any service or creative work adequate
performance of which requires engineering and technology education,
training and experience in the application of special knowledge of
mathematical, physical and engineering sciences to such services. The
project could be on effective use of natural, financial and human
resources.  It includes, but is not limited to consultation, studies,
investigations, evaluation, conceptualization planning, design and
supervision of engineering projects and systems, which are to be
backed by information technology where required;

3.10     “Professional Engineer” means an Engineer who has been duly
registered by ECI as a Professional Engineer;

3.11     “Regulation” means a regulation made under this Act by ECI.

3.12 “Rule” means a rule made under this Act by the Central
Government;

3.13     “Secretary and Director General” means the person appointed
as Secretary and Director General (herein called “SDG”) of ECI;

3.14     “Vice Chairman” means the person appointed to be Vice
Chairman of the Council   of ECI and its Executive Committee.


CHAPTER II

ENGINEERING COUNCIL OF INDIA

4.     CONSTITUTION OF ECI

4.1     The Central Government shall, by notification in the official
Gazette, constitute, with effect from such date as may be specified in
the notification, a statutory Council to be known as the Engineering
Council of India (hereinafter called “ECI”), which shall be a body
corporate, having perpetual succession and a common seal with power to
acquire, hold and dispose of properties, both movable and immovable,
and to contract and may by that name sue or be sued.  The existing
Engineering Council of India will stand dissolved on the creation of
the statutory body, its assets and liabilities will be transferred,
registration with it will continue to be valid and the National
Registers and Databases will become National Registers and Databases
of the statutory body.

4.2 The Head Office of  ECI shall be in the National Capital Territory
of  Delhi and ECI may, with the previous approval of its Council,
establish offices at other places in India.

5.     OBJECTS, POWERS AND FUNCTIONS

5.1 ECI will work for the advancement of science and practice of
engineering and technology in the country; enhancing the image of
engineers and technologists in the society; certifying the competence
of engineers and technologists and consulting engineering
organizations for undertaking professional activities both inside the
country and outside and meet all relevant obligations under the
international  charters; and laying down strict norms of professional
conduct and taking appropriate action against violations

5.2 Specific objectives and functions in the attainment of the objects
stated in Sub-section 5.1, for which  the Engineering Council of India
will exercise  powers are:

(i)     To standardize criteria and procedures to be adopted for according
the status of “Professional Engineer”, “Associate Professional
Engineer” and “Consulting Engineering Organization” and to
accord registration/license/accreditation to practice engineering and
technology in India.

(ii) To maintain a National Register of “Professional Engineers”,
a National Register of “Associate Professional Engineers”, and a
National Register of “Consulting Engineering Organizations”, and
databases of any other types of engineering and technology manpower
considered necessary for the attainment of objectives.

(iii)     To promote the practice of continuing education and training to
upgrade the quality of engineering professionals.

(iv)     To establish a code of ethics for engineers and technologists and
consulting engineering organizations registered with ECI, for adoption
and to evolve the strategy for its enforcement.

(v)     To identify and undertake various activities for the promotion of
engineering profession.

(vi)     To interact with the Government at State and Central levels and
help adoption of policies for the betterment of engineering
profession.

(vii)     To represent Indian engineering profession at national and
international levels and to act as a nodal body representing India for
recognition of “Professional Engineers” and “Consulting
Engineering Organizations”.

(viii)     To develop standards and criteria for facilitating cross-border
mobility of experienced Professional Engineers and Consulting
Engineering Organizations among signatories of International
agreements and to establish such committees, as may be necessary, for
reciprocal/joint activities with similar professional bodies in other
countries who are signatories of international agreements.

(ix)     To network and cooperate with other such national and
international bodies/fora who are engaged in similar activities, and,
if necessary, to enter into agreements with them.

(x)     To perform any or all other acts, deeds and things, which may
become necessary to be performed at any stage to achieve the main
objectives of improving the image of the engineering profession and of
the professional engineer, and to serve the needs of the society.

     
6.     MEMBERSHIP OF THE COUNCIL

6.1 Membership

The Council will comprise of nominated members, co-opted members and
ex-officio members.  

6.2 Nominated Members

Members will be nominated as described below.

i) Nodal Ministries/Departments/Organisations of Central Government
(4)

One nominee each from the following:
- Planning Commission
- Human Resource Development
- Commerce
- Science and Technology

ii) Major Employing Ministries/Departments/Organisations of Engineers
in Central Government (6)

One engineer each to be nominated by 6 Ministries
/Departments/Organisations by rotation from the following:

- Urban Development and Poverty Alleviation
- Highways and Roads
- Railways
- Telecommunication
- Water Resources
- Power
- Defence
- Heavy Industry
- Civil Aviation
- Council of Scientific and Industrial Research
- Defence Research and Development Organization
- Atomic Energy Commission
- Indian Space Research Organization

iii) Organisations of Technical Education (4)

One engineer each to be nominated by the following Organisations :

- All India Council for Technical Education
- Three educational institutions imparting education in engineering
and  technology, to be selected by the Ministry of HRD

     iv)     State Governments (5)

          One engineer from each State as follows:

- One State from northern region, by rotation
- One State from western region, by rotation
- One State from southern region, by rotation
- One State from eastern region, by rotation
- One State from north-eastern region, by rotation
-
v)     Industry Associations (2)

          One engineer each from two associations by rotation from the
following:

- Federation of Indian Chambers of Commerce and Industry
- Associated Chamber of Commerce and Industry
- Confederation of Indian Industry
- National Association of Software Service Companies
- Standing Conference of Public Enterprises

     vi)     Engineering Professional Associations / Societies (25)

          One nominee each from the following Associations/Societies:

1. Aeronautical Society of India
2. Association of Consulting Civil Engineers (India)
3. Broadcast Engineering Society (India)
4. Computer Society of India
5. Construction Industry Development Council
6. Consultancy Development Centre
7. Consulting Engineers Association of India
8. Indian Building Congress
9. Indian Concrete Institute
10. Indian Geotechnical Society
11. Indian Institute of Chemical Engineers
12. Indian Institution of Bridge Engineers
13. Indian Institution of Industrial Engineering
14. Indian Society for Trenchless Technology
15. Institution of Surveyors
16. Institute of Urban Transport (I)
17. International Council of Consultants
18. The Indian Institute of Metals
19. The Institute of Marine Engineers (India)
20. The Institute of Electronics & Telecommunication Engineers
21. The Institution of Engineers (India)

In addition to the nominees of 21 organisations listed above, 4
engineers may be nominated by multi-discipline associations/societies
e.g. The Institution of Engineers (India), to represent disciplines
unrepresented or not adequately represented otherwise.

     The Government may, through a notification, add or delete certain
organisations in the list above of nominating organisations.

6.3 Co-opted Members

The Council may co-opt upto two eminent engineers as members.

6.4 Ex-officio Members

Chairman, Vice Chairman and SDG will be ex-officio members.  SDG will
discharge the functions of Secretary of the Council and Executive
Committee.

If there is no SDG, Chairman may nominate a member of the Executive
Committee to perform the functions of Secretary of the Council and the
Executive Committee.  In that situation, the member so nominated will
be referred to as Member Secretary.

6.5 Incorporation of the Engineering Council of India

A body corporate as by the name of Engineering Council of India is
hereby constituted by all Council Members specified in Section 6.2 of
this Act.

7.     COUNCIL

7.1 All the Members described in Section 6 and listed in the Register
of Members shall constitute the Council.  Nominated and co-opted
members will have a term of three years.  If a vacancy of a nominated
or co-opted member arises for any reason whatsoever, the concerned
organisation shall nominate or the Council shall co-opt, as the case
may be, another person to fill up the vacancy for the remaining
period.

7.2     The Council will consider all the policy issues covered under the
objects and functions in Section 5 as may be brought before it by the
Executive Committee or any Member.  The Council shall give suitable
directions to the Executive Committee for implementation/action on
such issues.

7.3     Meetings of the Council will be held in accordance with the
procedures laid down in the Regulations.

8.     EXECUTIVE COMMITTEE

8.1     Membership of Executive Committee

The Executive Committee shall comprise of Chairman, Vice Chairman,
Secretary and Director General, and twelve members.

8.2       Constitution  of Executive Committee

The Executive Committee shall be constituted after the Council has
been formed.

Members of the Executive Committee, other than Chairman, Vice
Chairman, Secretary and Director General, and co-opted member, will be
appointed by election by the Council from amongst its members as laid
down in the Regulations.

Provided that elected members will represent the various
constituencies as follows:

i) Three members from:
- Nodal Ministries / Departments / Organisations of Central
Government,
- Major Employing Ministries / Departments / Organisations of
Engineers in Central Government, and
- State Governments

ii) Two members comprising one each from:
- Organisations of Technical Education, and
- Industry Associations

iii) Six members from:
- Engineering Professional Associations / Societies

In addition,
One eminent engineer may be co-opted by the Executive Committee

8.3       Tenure of the Executive Committee

The normal tenure of the Executive Committee will be 3 years ending on
30th     June.  The new Executive Committee should normally be
constituted by that date.  In exceptional cases even after the expiry
of this tenure, the Executive Committee in office shall continue to
function till a new Executive Committee is constituted.

8.4       Functioning of the Executive Committee

The Executive Committee will function in accordance with the
provisions of  relevant Regulations.

9.     POWERS OF THE EXECUTIVE COMMITTEE


9.1     The Executive Committee will have such powers as are delegated to
it by the Council to do such things as it may consider necessary or
expedient for the purpose of carrying out the objects of  ECI.

10.     INCOME, EXPENDITURE AND ACCOUNTS

10.1 ECI will have the power to receive income from different sources
as registration  and renewal charges, grants, donations, gifts, corpus
fund, sponsorship charges, consultancy charges for services provided
or for any other purpose consistent with its objects and functions.

10.2 The income and property of ECI, howsoever derived, shall be
applied towards the promotion of the objectives set forth in this Act,
subject nevertheless in respect of the expenditure of grants or
donations made with any specific conditions as may be imposed from
time to time by the donors.  No portion of the income and property of
ECI shall be paid or transferred, directly or indirectly, by way of
dividends, bonus or otherwise or by way of profits to any
person/persons, who at any time are or have been members of ECI or to
any of them or to any person claiming through them, or any of them
provided that nothing herein contained shall prevent the payment in
good faith of remuneration to any member or other persons in return
for any service rendered to ECI.

10.3 The Executive Committee shall cause to be maintained proper Books
of Accounts of ECI as required by the Act.

11.     AUTHORITIES OF ECI

11.1       The Authorities of the ECI will be

(i)     Chairman
(ii)     Vice Chairman
(iii)     Secretary and Director General

11.2  Chairman and Vice Chairman

11.2.1 The Chairman and Vice Chairman will be eminent engineers.  The
Chairman and Vice Chairman will be nominated by the Council from
amongst panels of  names suggested by a five-member
Search-cum-Selection Committee appointed by the Council.  The members
of the Search-cum-Selection Committee as also the persons empanelled
by it may be from within the Council or outside.  They will be
appointed as per procedure laid down in the Regulations.

Provided that on the first constitution of the Council under this Act
and until the Chairman is appointed as per the procedure laid down in
the Regulations, a member of the Council nominated by the Council
shall discharge the functions of the Chairman.

11.2.2 The Chairman and Vice Chairman of ECI will have a term of 3
years and exercise powers as detailed in the Regulations.

11.2.3 The Chairman, on the recommendation of a selection committee
set up by the Executive Committee and with the approval of the
Executive Committee, will appoint a Secretary and Director General.
The salary and service conditions of the SDG will be governed by
Regulations.

11.3 Duties of the Chairman and Vice Chairman

The Chairman, when present, shall preside at the Council meetings, and
the Executive Committee meetings, and conduct the meetings as per
Regulations of  ECI.  The Chairman will also be responsible jointly
with the SDG for proper records of the minutes of all meetings in
which he/she is present.  In the absence of Chairman, Vice Chairman
will perform the functions of Chairman.

11.4     Duties of the Secretary and Director General

The Secretary and Director General will convene meetings and maintain
records of proceedings of the Council and the Executive Committee, and
shall perform such other duties as the Chairman may decide.  SDG will
also function as Chief Executive of ECI.

12.     BODIES OF ECI

ECI  will have the following bodies as provided in this Act.

(i)     Council
(ii)     Executive Committee
(iii)     Board for Registration of Professional Engineers and Associate
Professional Engineers
(iv)        Board for Registration of Consulting Engineering
Organizations
(v) Board for Development of Professional Engineers and Consulting
Engineering Organizations
(vi)   Board for Ethics of Professional Engineers and Consulting
Engineering  Organizations
(vii)     Appellate Board

12.1 Functional Boards

The main functions of ECI will be to grant appropriate certificates
of competency to Professional Engineers and Consulting Engineering
Organizations, ensure their up-gradation of knowledge and skills, and
regulate the profession of engineering through a code of ethics.  To
ensure the fulfillment of these objectives, ECI shall constitute
Functional Boards included at S.Nos. (iii) to (vii) in Section 12.

12.2 Constitution and Functions of  Functional Boards/Committees

All the Functional Boards shall be constituted by the Council with
experts drawn from within the Council and outside.  In consultation
with the Council, all the five Functional Boards shall frame
procedures for performance of their respective functions which will
include maintenance of  “National Register of Professional
Engineers”, “National Register of Associate Professional
Engineers” and “National Register of Consulting Engineering
Organizations”, removal of names from these registers, disciplinary
action such as suspension and revocation of status of Professional
Engineers, Associate Professional Engineers and Consulting Engineering
Organizations.  If the Functional Boards so recommend, necessary
changes in their own constitution, functioning, nomenclature,
activities, etc, would be made by the Council after due consideration.

12.3 Other Boards/Committees

The Council, may constitute other Boards/Committees as may be found
necessary with such terms of reference as may be required for serving
the objectives of ECI.

13.     ORGANISATION STRUCTURE

13.1 ECI may establish an organization consisting of full-time or
part-time officials, which may be headed by a Secretary and Director
General on full time basis who will be the Chief Executive.

13.2 Duties and responsibilities as well as the pay and other
conditions  of the  employees below the level of Secretary and
Director General  shall be approved by the Executive Committee.  SDG
shall enjoy his powers as per this  Act and such specified powers as
the Executive Committee may delegate to him and cause to be recorded
in its minutes.

14.     CUSTODY OF DOCUMENTS

     The Executive Committee shall cause all important documents such as
title deeds, securities and investments etc. to be kept in safe
deposit and/or with a scheduled Bank for realization of interest or
dividends to the credit of the ECI Account.  The Executive Committee
shall be entitled to transfer such securities and investments to the
name of the Bank, if they so desire.

15.     LEGAL PROCEEDINGS

     ECI may sue or be sued in the name of Director General as per the
provisions of this Act.

16.     FINANCIAL YEAR

     The financial year of ECI shall be from 1st April to 31st March of
the following  year.

17.     AUDIT OF ACCOUNTS

     The accounts of ECI shall be audited by a duly qualified Chartered
Accountant appointed by the Council every year.

CHAPTER-III

REGISTRATION OF ENGINEERS

18.     CATEGORIES OF REGISTRATION

     Under the provisions of this Act, registration shall be made for the
following categories:

18.1 Professional Engineer (PE)

A person who is entitled to undertake independent practice (excluding
practice being restricted by any other law) on matters such as
planning, research, design, analysis, execution, manufacturing,
maintenance, testing, evaluation, quality assurance, management and/or
guidance thereof, certification work and such other matters which
require professional abilities in engineering and technology, which
ECI may decide from time to time and include in its Regulations.

18.2 On having been registered as a Professional Engineer and included
in the National Register of Professional Engineers, the person
concerned shall be entitled to work in his specified area of operation
throughout India and no further registration at State/local level will
be required for the purpose of practice, subject however to any
special statutory requirements applicable to practice in a particular
field.  Any certificate to be issued by the Professional Engineer in
the discharge of his specified functions shall carry the stamp of
authorization by ECI and shall be valid before any accepting authority
in Government, Public or Private Organization.

18.3     No person other than a Professional Engineers would be authorized
to:

a) Certify an engineering drawing/design/process/system/cost
estimates/time schedule/resources forecast/budget allocation for any
engineering work/product/process;
b) certify the design quality of a product/process/project;
c) certify the adequacy of safety measures and environmental
protection; and
d) certify that the quality of construction/product process is in
accordance with the design.

     Provided that this condition may not apply to Engineers of
disciplines who, under some other Act, are permitted certification
work to the extent the relevant Act permits.

18.4    Associate Professional Engineer(APE)

A person who has acquired educational qualifications required for APE
and takes up engineering work under the supervision of a Professional
Engineer may apply, in the prescribed form accompanied by requisite
fee as specified in the Regulations, submitting therewith the consent
of the said supervisor.  On the approval of his application his name
will be entered in the National Register of Associate Professional
Engineers.

18.5     Consulting Engineering Organization (CE)

Any organization that undertakes, in accordance with its objectives,
work on matters such as planning, research, design, analysis,
execution, testing, evaluation, quality assurance and such other
matters which ECI may decide from time to time and include in its
Regulations and/or guidance thereon, which require professional
abilities in engineering and technology, under the supervision of
Professional Engineers.

18.6     On having been registered as a Consulting Engineering
Organization and included in the National Register of Consulting
Engineering Organizations, the firm concerned will be entitled to work
in its specified area of operation throughout India and no further
registration at the state/local level will be required for the purpose
of practice, subject however to any special statutory requirements
applicable to practice in a particular field.  

19.     CRITERIA, STANDARDS AND PROCEDURES FOR REGISTRATION
     
The Council will lay down criteria, standards and procedures for the
registration, and its renewal, of Professional Engineers, Associate
Professional Engineers and Consulting Engineering Organisations. The
procedures for registration of Professional Engineers may include
appearing in examinations, interviews, etc. as may be considered
necessary.

20.     PUBLIC AND PRIVATE WORKS

20.1 Any Government or Private organizations/agencies or authorities
or officials or employees thereof shall not engage in the practice of
engineering involving either public or private property without the
project being under the direct charge and supervision of a
Professional Engineer as provided for the practice of a profession of
this Act.  The Government may, however, exempt any government agency
or private organization or type of public or private works from this
provision.

20.2 The Government may, by issuing a notification, exempt for the
certification work of engineering Engineers working in Central/State
governments, public sector undertakings, and other organizations
working under government control, from registering as Professional
Engineers for a period specified in the notification.
     
21.     REMOVAL FROM REGISTER

21.1     ECI may, by order, remove from the National Register the name of
any Professional Engineer/Associate Professional Engineer/Consulting
Engineering Organization for reasons, and following procedures, laid
down in the Regulations.

22.     DISCIPLINARY ACTION - REVOCATION, SUSPENSION, FINE OR REPRIMAND

ECI shall have the power to take disciplinary action as may be
decided by the Executive Committee and accordingly reprimand any
Professional Engineer/Associate Professional Engineer/Consulting
Engineering Organizations or suspend, refuse to renew or revoke the
Certificate of Registration, or  levy a fine, on being found guilty of
acts stated in the Regulations.

23.     VIOLATIONS AND PENALTIES

     ECI will have the power to take appropriate legal steps against any
person, firm, partnership, organization, association or other entity
of violation of any provision of the Act or as spelt out in the
Regulations so that the guilty may, upon conviction, be sentenced by a
court in accordance with the laws.

24.     SURRENDER OF CERTIFICATES

     A person or organization whose name has been removed from the
National Register under Sub-section 21.1 or where such person is dead
or the organization has ceased to exist, his/its legal representative,
as defined in the appropriate Section of the Code of Civil Procedure,
shall forthwith surrender his/its Certificate of Registration to the
Director General.

25.     RESTORATION TO REGISTER

     ECI may at any time, for reasons appearing to it to  be sufficient
order that upon payment of such fee as may be prescribed by
Regulations, the name of the person or organization removed from the
National Register shall be restored thereto.

26.     ISSUE OF DUPLICATE CERTIFICATES

     Where it is shown to the satisfaction of the Director General that a
Certificate of Registration has been lost or destroyed, the Director
General may, on payment of such fee as may be prescribed by the
Regulations, issue a duplicate in the form prescribed under the
Regulations.

27.     PRINTING OF NATIONAL REGISTERS

     As soon as may be after the last day of January in each year the
Director General shall cause to be prepared  copies of the National
Registers as they stood on the said day in printed or electronic form
and such copies shall be made available to persons applying therefore
on payment of such fee as may be prescribed by Regulations and shall
be evidence that on the said date and persons/firms whose names are
entered thereon were Professional Engineers/Associate Professional
Engineers/Consulting Engineering Organisations.

CHAPTER-IV

MISCELLANEOUS

28.     AUTHORIZATION TO PRACTICE AS CONSULTING ENGINEERS

28.1 The practice of or offer to practice engineering by Consulting
Engineering Organizations registered under this Act, by more than one
person acting individually, through a firm, corporation or private
practitioner employing others, referred to hereinafter as a firm, is
permitted provided that the person in direct control or having
personal supervision of such practice and all personnel who act on
behalf of the firm in professional matters are registered under this
Act as Professional Engineers.

29.     PROFESSIONAL CONDUCT

29.1     ECI may by Regulations prescribe standards of professional
conduct and etiquette and a Code of Ethics for Professional
Engineers/Associate Professional Engineers/Consulting Engineering
Organizations.

29.2     Regulations made by ECI under Sub-section 29.1 may specify which
violations thereof shall constitute infamous conduct in any
professional respect, that is, professional misconduct, and such
provision shall have effect notwithstanding anything contained in any
law for the time being in force.

30.     PENALTY FOR FALSELY CLAIMING TO BE REGISTERED

     If any person or organization whose name is not for the time being
entered in the Register falsely represents that it is so entered, or
uses in connection with his or its name any words or letters
reasonably calculated to suggest that his or its name is so entered,
he or it shall be punishable with fine as may be decided by the court.

31.     PROHIBITION AGAINST USE OF TITLE

31.1     After the expiry of one year from the date appointed by ECI and
specified  in Regulations, no person other than a registered
professional engineer, shall use the title and style  of Professional
Engineer or P.E., no person other than a registered Associate
Professional Engineer shall use the title and style of Associate
Professional Engineer or A.P.E., and no organization other than a
registered consulting engineering organization shall use the title and
style of Consulting Engineering Organization or Consulting Engineers.

31.2     If any person or organization contravenes the provisions of
Sub-section 31.1, he/she or it shall be punishable.

32.     FAILURE TO SURRENDER CERTIFICATE OF REGISTRATION

     If any person or organization whose name has been removed from the
Register fails without sufficient cause forthwith to surrender his or
its Certificate of Registration, he or it shall be punishable with
fine and, in case of continuing failure, with an additional fine for
each month after the first during which he or it has persisted in the
failure.

33.     COGNIZANCE OF OFFENCE

33.1     No court shall take cognizance of any offence punishable under
this Act, except upon complaint made by order of ECI or a person
authorized in this behalf by ECI.

33.2     No judicial authority less  than a judge of a High Court shall
try any offence punishable under this Act.

34.     INFORMATION TO BE FURNISHED BY ECI AND PUBLICATION THEREOF

34.1     ECI shall furnish such reports, copies of its minutes, and other
information to the Central Government as the Government may require.

34.2     The Central Government may publish, in such manner as it may
think fit, any report, copy or other information furnished to it under
this Section.

35.     PROTECTION OF ACTION TAKEN IN GOOD FAITH

     No suit, prosecution or other legal proceeding shall lie against the
Central Government, ECI or any Member of Council, the Executive
Committee or any other Committee or Officers and other employees of
ECI for any thing which is in good faith done or intended to be done
under this Act or any Rules or Regulations made thereunder.

36.     MEMBERS OF ECI AND OFFICERS AND EMPLOYEES TO BE PUBLIC SERVANTS

     The Members of the Executive Committee of ECI and officers and other
employees of ECI shall be deemed to be public servants within the
meaning of Section 21 of the Indian Penal Code.

37.     POWER TO REMOVE  DIFFICULTIES

37.1     If any difficulty arises in giving effect to the provisions of
this Act, the Central Government may by order published in the
Official Gazette, make such provisions, not inconsistent with the
provisions of this Act, as appear to it to be necessary or expedient
for removing the difficulty.

     Provided that no such order shall be made under this Section after
the expiry of two years from the date of commencement of this Act.

37.2     Every order made under this Section shall as soon as may be after
it is made, be laid before each House of the Parliament and the
provisions of Sub-section shall apply in respect of such order as it
applies in response of a Rule made under this Act.

38.     POWER OF CENTRAL GOVERNMENT TO MAKE RULES

38.1     The Central Government may, by notification in the Official
Gazette, make Rules to carry out the purposes of this Act.

38.2     Every Rule made under this Section shall be laid, as soon as may
be after it is made, before each House of Parliament, while it is in
session for a total period of thirty days which may be comprised in
one session or in two or more successive sessions and if, before the
expiry of the session immediately following the session or the
successive sessions aforesaid, both Houses agreed in making any
modification to the Rule or both Houses agreed that the Rule should
not be made, the Rule shall thereafter have effect only in such
modified form or be of no effect, as the case may be; so, however,
that any such modification or annulment shall be without prejudice to
the validity of anything previously done under that Rule.

39.     POWER OF ECI TO MAKE REGULATIONS

     ECI may make Regulations, not inconsistent with the provisions of
this Act or the Rules made thereunder, to carry out the purpose of
this Act.

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PostPosted: Fri Mar 28, 2003 3:53 pm    Post subject: [ECONF-ECI -DRAFT BILL] Reply with quote

Dear Mr. Mehrotra,

Can you send the soft copy of this draft to admin@sefindia.org, so the same
can be uploaded as an Article, on the Articles page of the SEFI website, for
better visibility and accesibility.

Regards

Pankaj Gupta
admin@sefindia.org

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