engineers bill

8/2/2019 Engineers Bill

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ENGINEERS BILLMr. Altaf U. Batliwala

Many of you must have read a write-up under the title Like CAs, engineers may have to

register published in the Times of India, Delhi on 01 December 2009. It says -

HRD Ministry has mooted the Engineers Bill, 2009, that stipulates mandatoryregistration/certification of professional engineers. The Bill also proposes setting up the

Indian Council of Engineers that will maintain a national and international register of

professional engineers and associate professional engineers and will regulate the engineering

profession.

Prepared by HRD Ministrys Technical Bureau, the Cabinet note for the Bill is being

circulated for inter-ministerial consultation. The Cabinet note says regulating engineers will

lead to public accountability and innovation in the profession. It claims that creating such a

register will help Indian engineers globally and create certified quality standards. An official

said, It is not fair to say that all engineers come out with same kind of capability. There are

many engineering colleges churning out poor quality engineers.

Some of you might also have read the write-up in the 17 January 2010 issue of the Deccan

Chronicle under the title Engineers may soon need license under HRD law. It says -

In an effort to regulate the engineering profession and provide licenses to practicing

engineers, the Union Human Resource Development Ministry has prepared a Bill to set up a

Council of Engineers.

The Ministry aims to set up the Council, which will have statutory status, for the presently

unregulated sector in the country.

Official sources stated the Bill which had been sent for inter-ministry discussions is soon likely

to be put before the Union Cabinet for its approval.

Students passing out from government and private engineering institutions will have to get

registered with the proposed Council for practicing as engineers.

The importance of the proposed body can be gauged from the fact that the country produces

approximately five lakh engineering graduates every year.

Official sources stated that the HRD Ministry has proposed a status similar to that of Bar

Council of India and ICWAI which are performing regulatory functions for lawyers and

Chartered Accountants in the country, respectively.

The Bill, part of the HRD Minister, Mr Kapil Sibal's education reform process, is expected to

be introduced in Parliament during the forthcoming Budget Session. Sources stated the

Council will function as a regulatory body for engineers.

The Council has been proposed with an aim to streamline the quality of engineers in the

country. The proposed body will also maintain a database of engineers in the country,"

sources stated.

The Council has been proposed after the HRD Ministry received request of various.

engineering associations for regulation of the profession. Though the proposal to regulate the

engineering profession had first been mooted in mid-1990s, so far, no law had been proposed

for their regulation.

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These are perhaps those rare occasions when Engineers received some media coverage. This

also calls for a review of the progress made (at snails pace) by the Engineers Bill after

painstaking efforts of about a quarter of a Century.

It was way back in 1970 that the Barve Committee set up by the Planning Commission had

identified the need to fulfill the two essential requirements - Statutory Recognition of the

Profession of Engineering and Registration of Engineers for proper growth and development

of the Engineering profession in the country.

Without statutory recognition backed by an Act of the Parliament, the Engineering Profession

does not have a legal status. Without statutory registration of engineers the Government does

not fully discharge its responsibility to safeguard the society from hazards of unsafe and

improperly engineered facilities.

In order to meet these essential requirements, the Association of Consulting Engineers (India),

ACE(I), prepared draft of an Engineers Bill and approached Shri Raj Mangal Pandey, the then

Minister of HRD, with the request to get it enacted. The Minister instructed his Ministry to

examine it.

Under instructions of the HRD Ministry, Dr S A A Alvi, Additional Secretary of AICTE

started processing the Bill, and had several meetings with representatives of ACE(I). Later,

this task was taken up by Dr S D Awale, Joint Education Adviser of HRD Ministry who also

had a series of meetings with ACE(I). Both Dr Alvi and Dr Awale were convinced of the

necessity of such a legislation, but did not make any definite recommendation.

Finally, out of desperation, ACE(I) filed a Public Interest Litigation (PIL) in the Delhi High

Court on 10th

December 1996 against HRD Ministry for enactment of the Bill.

After a number of hearings, HRD Ministry acknowledged the urgent need for such legislationbut stated that before initiating action; the Ministry would like to have a consensus of all the

professional engineering associations on this issue. This consensus was finally arrived at later

in the year 2000, when 24 engineering associations, including IE(I), met and unanimously

decided to form Engineering Council of India (ECI) with the specific objective of

Registration of Professional Engineers and Consulting Engineers, and initiation of the

process of enactment of the Engineers Bill. ECI was formed on 04 April 2002.

In May 2003, a new Engineers Bill was drafted by ECI. It was circulated to all member

associations and their consent was obtained. After approval by all member associations this

Bill was submitted to the HRD Ministry in 2004.

Subsequently, IE(I) dissociated itself from this Bill, withdrew from membership of ECI and

submitted its own draft Engineers Bill to HRD Ministry. The Ministry thereafter appointed a

committee under Mr D P Agrawal to evolve a consensus draft. In 2005-2006, another

committee under Mr R V Shahi was constituted to resolve the issue with IE(I) and evolve a

final consensus draft. During April-September 2007 a number of meetings of this committee

were held. Ultimately, On 12 September 2007, final Consensus Draft Bill was ready for

processing by the HRD Ministry.

ECI has been following it up since then with the Ministry. It is understood that the draft

Cabinet Note has been circulated by the HRD Ministry to other concerned Ministries. After

Cabinet approval, the Bill will be placed before the Parliament. The indications are that after

consistent and persistent efforts of over 25 years, the Engineers Bill may be enacted in the near

future. The entire Engineering fraternity anxiously looks forward to its enactment.

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The need to regulate engineering profession was

never in doubt. However, the modalities and

authority to effect the regulation could not be

decided. A PIL in Delhi High Court in early 90s

to bring in an Engineers Act was rejected, as there

was no unanimity within the profession to enact

a law for regulation of engineering profession.

IEI, the leading professional Institution of

engineers, took initiative in late 90s. This had

the bearing of globalisation of economy and the

role of engineers that had become still more

important under the WTO regime, with India

being one of the signatories. Earthquake of 26

Jan 01 added urgency to the need when the

necessity of regulation for accountability of

engineering profession came to forefront.

Since IEI alone could not have pioneered

enactment of the law due to multiplicity of

engineering professional organisations, an effort

was made in Oct 2000 to bring all professional

bodies together and during a meeting of a large

number of professional engineering bodies at

Delhi, it was decided that engineers should be

registered for regulation and all Institutions wouldwork jointly under the leadership of IEI . This

arrangement was given a practical shape and

resulted in first draft of Engineers Bill, which was

submitted to Ministry of Human Resource

Development (MHRD) in Apr 02. The draft

provided for registering of engineers with defined

qualification and experience.

IEI, however, after obtaining Provisional

Membership of Engineers Mobility Forum (EMF)

in Jun 03, modified the original draft EngineersBill to reflect international requirements and

submitted the revised draft to MHRD on 31 Mar

04. The Engineering Council of India (ECI) which

had come in to existence in Mar 02 also prepared

a draft Bill which however did not meet the

expectations on the following grounds :

(a) It did not recognize AMIEs and similar

graduates of other professional bodies as

eligible to become Professional Engineers

and thus registered.

Background Paper

ENGINEERS BILL

(b) It wanted to convert itself into a statutory

authority to register the Professional

Engineers under the Act.

Extensive efforts and interactions amongst the

stake holders continued to arrive at appropriate

draft of Engineers Bill. MHRD also appointed a

Drafting Committee, which too could not finalise

the draft due to wide differences of opinions

amongst the constituents of the Committee.

It is important to note that all the drafts prepared

by any organization ti l l this t ime aimed at

registering the Professional Engineers and not the

engineers at large. A Professional Engineer isdefined as a person holding recognized graduate

level degree in engineering with specif ied

experience in years and quality. During the

extensive discussions in different quarters with

professional institutions, administrators, MPs,

Ministers, educationalists, etc. it emerged that the

proposed Draft Bill which aimed at registering the

Professional Engineers, as is done in different

countries, would not serve the purpose of

regulating the engineering profession as a whole.

Registering of Professional Engineers alone wouldalso create a small group of elite engineers with

the privileges of certifying the engineering design

etc. depriving other engineers of professional work

which was already been done by capable and

experienced engineers. Such exclusive authority

would also infringe on dozens of Central and State

Acts, which define Engineer for differe nt

purposes. The extensive consultative process

addressed the following questions :

(i) Whether India needs an Engineers Act in linewith the Acts of developed countries where

such Acts have been followed since long and

all the systems are in place.

(ii) Whether the 85% of engineers graduating

every year and getting absorbed in local jobs

will be adversely affected due to exclusive

registration of Professional Engineers on lines

of other countries.

(iii) Whether the cutting age of Indian engineers

in the knowledge economy already in greatdemand shal l be ful ly protected and

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promoted in tune with demands of the 21st

Century.

(iv) Whether the number of Central and State

Acts that already exist can be integrated

within the proposed Engineers Act.

A common opinion emerged that India should not

copy other countries in restricting professional

practice to selected engineers thereby depriving

professional practice opportunities to a large

number of engineers already in practice and those

who would join the main stream of profession in

future. A strong view also emerged that the

Engineers Bill should follow pattern of the existing

Acts for Architectures, Doctors, Char tered

Accountants and Cost Accountants etc. Armed

with these opinions, IEI engaged in extensive

consultation with different professional institutionsof engineers. The professional institutions finally

debated and approved a consensus draft in May

07. The professional institutions and organizations

involved in finalization of the draft include

Consulting Engineers Association of India, Indian

Railways, Indian Army, CPWD, NBA, AICTE,

Aeronautical Society of Ind ia , Ins titution of

Surveyors, Indian Institute of Chemical Engineers,

L&T, , Institution of Mechanical Engineers,

Institution of Electrical Engineers, Institution of

Marine Engineers, Institution of Electronics andTelecommunication Engineers, The Institution of

Engineers (India), etc. The consensus draft Bill

under the leadership of Shri R V Shahi, Former

Union Secretary of Power, on behalf of the

stakeholders has been submitted to MHRD. The

Ministry has held consultative meetings and is in

the process of completing the necessary formalities

required before introduction of the Bill in the

Parliament. The process, however, has been slow

and needs expediting.

The main features of the Bill are as below :

(a) Registrat ion shal l be mandatory for al l

engineers holding engineering graduation

level degree (including graduates of

professional institutions) who wish to

practise engineering.

(b) There i s no requ irement of min imum

experience.

(c) The Reg is te red Eng ineer sha ll be

accountable for his professional conduct and

subject to discrepancy action including

deregistration in case of violation of Code

of Ethics.

(d) Title Engineer (Er) can be used only by the

registered engineers.

(e) Initial registration is for five years. Renewalof Registration shall be done based upon

continuous involvement in the engineering

profession and having achieved defined

level of Continuous Professional

Development (CPD). Measurable CPD can

be achieved by writing / presenting technical

papers, attending seminars, training

(receiving / imparting) etc.

(f) A Statutory Body (the Council) shall register

the engineers. However, actual assessment

of registration shall be done by the identified

professional institutions of engineers under

delegated authority of the Council.

(g) Professional Engineers certification not be

the part of the proposed Act. Certification

of Professional Engineer, being a third party

quality certification, shall continue to be

voluntary for eligible engineers.

Advantages of the proposed Bill :

(a) The reg is tra tion o f al l, who pract iseengineering, shall regulate the practice of

engineering and engineers.

(b) The reg is te red engineers shal l be

accountable for their professional conduct.

(c) With emphasis on CPD for renewal of

registration, the general level of professional

knowledge amongst the engineers would

improve and they would remain updated.

(d) Exc lusive t it le o f Er wou ld provideexclusivity to the engineers.

(e) Engineering as a p ro fes sion wi ll ge t

recognition in official parlance.

(f) Engineers as a body shall have the voice of

their own through this channel.

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Technology is visualized to play a key role in

sustainable 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 upholding professional ethics.

Engineers and technologists are expected to take

decisions with due professional integrity. It is

necessary for the purpose to properly regulate the

practice of engineering by an Act of the Parliament

to protect public interest, and ensure safety and

welfare of the peop le . For regula tion of the

engineering profession, as mandated in this Bill, aseparate Statutory Authority will be set up that shall

lay down, from time-to-time, specifications for

competency in professional practice and shall have

the mandate for recognition of this competency

through a process of registration and renewal keeping

in view the need for Continuous Professional

Development (CPD).

Recognising that the engineering education and

engineering practice systems in the country have a

vast spread and are growing at a rapid pace and that

the AICTE and other professional Institutions e.g. theInstitution of Engineers (India) and various other

professional societies and organizations are currently

involved in improving and/or regulating the quality

of education, training, research, and professional

practice in engineering and technologies, it is the

intent of the Legislature to co-ordinate the activities

of all such organizations, to promote co-operative

links among them, and to give them the necessary

authority for enforcing a common code of ethics.

Recognising that professional societies alone are

competent to decide on the professional ability,competence and ethical values required for

performing professional duties and activities in their

individual professions, it is the intent of the Legislature

to utilise their knowledge and experience in regulating

the profession by laying down norms of professional

conduct and taking appropriate penal action against

failure to follow them.

CHAPTER I

PRELIMINARY

Preamble

An Act to prescribe for the process of registration of

engineers, to enforce their professional conduct, and

to constitute Council of Engineers with the

ENGINEERS BILL 2007

STATEMENT OF OBJECTS

responsibility to oversee registration, renewal of

registration and its termination etc.

1. SHORT TITLE, EXTENT ANDCOMMENCEMENT

1.1 This Act shall be called the Engineers Act,

2007.

1.2 It shall extend to the whole of India except for

the State of Jammu & Kashmir.

1.3 It shall come into force on such date as the

Central Government may, by a notification in

the official Gazette, appoint.

2. GENERAL PROVISIONS, AIMS ANDPURPOSE

2.1 The Act seeks to ensure that engineering

activities are performed by qualified persons

and in a manner which facilitates sustainable

development and ensure safety and welfare of

the people.

2.2 The Act seeks to ensure that all concerned are

able to identify those duly authorized to

practice and for this purpose to specify the

minimum educational qualifications of such a

person to register him as an Engineer andenable him to use the title of Engineer (Er.)

Prefixed to his name.

2.3 The Act seeks to set up a mechanism for laying

down the norms of professional conduct and

for taking appropriate action in cases of their

violation.

3. DEFINITIONS

In this Act, unless the context otherwise

requires:

3.1 Certi f icate of Registration means the

certificate issued by the Indian Council of

Engineers granting the privilege of practicing

as a Registered Engineer.

3.2 Chairman means Chairman of the Council.

3.3 Engineer, means a person who holds a

graduate degree or equivalent in engineering

or technology from a recognized University/

Deemed University or an AICTE recognized

institution, or qualification recognized by State

or Union Government or has acquiredqualifications recognized by the Government

of India as equivalent.

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3.4 Indian Council of Engineers, means the body

constituted by Section 4 of this Act.

3.5 Nodal Ministry means Ministry of Human

Resources Development (MHRD) of the

Government of India.

3.6 Practice means any service or creative work,

adequate performance of which requiresengineering and technology education, training

and experience in the application of special

knowledge of mathematical, physical and

engineering sciences to such service. The

service shall make an effective use of natural,

financial and human resources. It includes,

but is not limited to consultation, studies,

investigations, evaluation, conceptualization,

planning, design, execution and supervision/

management of engineering projects and

systems, operation and management ofmanufacturing and allied units and other

systems. Teaching along with research/

consultancy in any engineering discipline in an

academic Institution or Research Organization

shall be considered as part of practice;

3.7 Registered Engineer means an Engineer who

has been duly registered under this Act.

3.8 Registering Institution means a professional

institution which is authorized by the Council

to issue registration of engineers on behalf of

the Council as per provisions of this Act.

3.9. Regulation means a regulation made under

this Act by the Council;

3.10 Rule means a rule made under this Act by

the Central Government;

3.11 Secretary General means the person

appointed as the Secretary General of the

Council.

CHAPTER II

INDIAN COUNCIL OF ENGINEERS

4. CONSTITUTION OF INDIAN COUNCIL

OF ENGINEERS

4.1 The Central Government shall , by a

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 Indian Council of Engineers

(hereinafter called Council), which shall be a

body corporate, having perpetual succession

and a common seal with power to acquire, holdand dispose off properties, both movable and

immovable, and to contract and may by that

name sue or be sued.

4.2 The Head Office of the Council shall be in the

National Capital Region

5. POWERS AND FUNCTIONS OF THE

COUNCIL

5.1 Council will work for advancing the science

and practice of engineering and technology in

the country; identifying the crucial role ofengineers in society; registering Engineers and

laying down appropriate norms of professional

conduct and taking appropriate action against

violations thereof.

5.2 Towards the attainment of specific objects and

functions stated in sub-section 5.1, the Council

shall exercise following powers :

(i) To standardize criteria and procedures to be

adopted for according the status of Registered

Engineer in India and for his continuous

professional development.

(ii) To establish a Code of Conduct for Registered

Engineers for adoption and to evolve

appropriate strategy for its enforcement.

(iii) To perform any or all other acts, deeds and

things, as may be necessary to achieve the

main objectives of developing and enhancing

the image of the engineering profession in India

and abroad.

5.3. The Council shall operationalise registration

through professional institutions functioning

under delegated authority of the Council as

per regulation made by the Council.

Specific functions of the Council are given

below:

5.3.1. Functions of Council

The functions of the Council shall be to:

a) Develop and approve the Regulations to

implement various provisions of this Act.

b) Give direction to registering institutions on

issues referred to it either by them or by the

Central Government or on its own.

c) Hear appeals against the decisions of the

institutions carrying out the function of

registration in accordance with the norms

specified under registration of Registered

Engineers requirements.

d) Review and report to the Nodal Ministry on

the performance of the Council, for its

functions and powers under this Act.

(e) Discharge such functions considered necessary

for furtherance of its objectives.

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5.3.2 Executive Committee and other

Committees of the Council.

The Council shall constitute from amongst its

members an Executive Committee, and may

also constitute other Committees for such

general or other purposes as the Council deems

necessary to carry out its function under the

Act. Executive Committee shall consist of the

Chairman and fourteen other members who

shall be elected by the Council from amongst

its members. The Chairman of the Council will

be the Chairman of the Executive Committee.

The Secretary General will be the Secretary to

the Executive Committee.

The Membership, other than the Chairman, shall be

constituted as follows:

(i) Nominee Member of Nodal Ministry

(ii) Nominated members by the Council one

from statutory bodies, one from states and one

from academic institutions.

(iii) Ten elected members from amongst the

Council Members.

5.4. Registration of Engineers

The Council shall have the power to register a

qualified engineer as Registered Engineer. The

person shall be eligible on payment of such

fee as may be prescribed by Regulations to

have his name entered in the register.

(a) Holds a recognized degree level qualification

in engineering

(b) Signs an undertaking to comply with the Code

of Conduct prescribed by the Council.

(c) Undertakes to ful fi l the requirement of

continuous professional development.

5.4.1.The Registered Engineer shall be obliged to

mention his registration number on all official

documents which he certifies and affixes hissignatures as Registered Engineer

5.4.2. Registration of an engineer shall be compulsory

to enable an engineer to carry out his practice.

Practice by any engineer without registration

shall be a cognizable offence as per Indian

Penal Code (IPC).

5.4.3.Title Engineer (Er) shall be used only by

Registered Engineers and use of this title by

any other person shall be a cognizable offence

as per Indian Penal Code (IPC).

5.4.4.The Council shall authorize professional

Institutions to accept applications, process the

same and issue Registration Certificate in duly

prescribed format on behalf of the Council. The

Council may decide to identify the professional

institutions e.g. the Institution of Engineers

(India), Institution of Electronics and

Telecommunication Engineers, Institution of

Chemical Engineers and other professional

engineering institutions, as required, keepingin view the availability of infrastructure and

other facilities with such institutions.

6.0. Composition of the Council

Council shall comprise nominated members,

professional society members and co-opted

members.

6.1. The Members

Nominated Members: (18)

Nodal Ministry and Statutory Bodies (2):(i) One nominee each from the following as these

represent Nodal Ministry and Statutory Bodies

in Education and Quality Assurance

- Ministry of Human Resource Development

(MHRD)

- Al l India Counci l for Technical Education

(AICTE)

Organizations under Ministries/Departments

who are Major Employers of Engineers (5):

(ii) Five nominee engineers to be nominated by

the Council from the organizations under

ministries of Government of India, who are

major employers and users of engineers.

(iii) Technical Education Institutions (3):

One nominee each to be nominated by the

Ministry of HRD from following institutions, as

these represent the Experts in the field of

Engineering Education.

- IITs, IISc and Central Universities and CentralInstitutions

- Deemed Universities

- State Technical Universit ies and any state

Universities.

(iv) State Government (5):

One nominee from a State in the Region, by

rotation, representing 5 different regions i.e.

North , East, West, South and North East, as

the States are the users as well as the policy

makers, to be nominated by the concernedState Government.

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Industrial Associations (3):

(v) Three nominees representing the Industrial

Associ at ions such as CII , FICCI and

ASSOCHAM by rotation.

Professional Society Members: (27):

Members from professional societies,

representing various disciplines shall be asfollows:

1. The Institution of Engineers (India) 5

2. Ins ti tu tion o f E lect ronics and

Telecommunication Engineers 2

3. Institution of Chemical Engineers 1

4. Computer Society of India

1

5. Institution of Industrial Engineers

1

6. Aeronautical Society of India

1

7. Indian Institute of Metals

1

8. Institution of Surveyors

1

9. Institution of Marine Engineers

1

10. Consulting Engineers Associations of India 1

11. Broadcast Engineering Society 1

12. Construction Industry Development Council

1

13. Consultancy Development Centre 1

14. Indian National Academy of Engineering 1

15. Institution of Mechanical Engineers

16. Engineering Council of India 1

17. Representatives from other disciplines/ societiesto be nominated by the Council, on rotation

4

18. Co-opted Members by the Council 2

6.2. Secretary General will be the Secretary of the

Council.

6.3. The term of a nominee member of the Council

shall be a maximum of three years. A nominee

member can be re-nominated once.

6.4. The Chairman of the Council shall be elected

by the members of the Council from amongthemselves.

7. Annual Performance Reports

7.1 The institutions authorized for registration shall

provide Annual Performance Report to the

Council.

7.1.1 They must, not later than 30th June each year,

give to the Council a report on the operations

along with the list and details of registeredprofessional engineers during the twelve

months ending on the preceding 31st March.

7.1.2 The report shall include the following

information:

a) the number of registered engineers at the end

of the 12-month period;

b) the number of persons whom the Registering

Institutions registered, and the number of

persons whom the Registering Institutions

declined to register, during the 12-monthperiod;

c) the number of persons whose registration was

removed, suspended, or placed in abeyance

during the 12-month period;

d) the number of persons against whom the

Registering Institution made a disciplinary

order during the 12-month period;

e) the amount of the charge or charges payable

in relation to registration or the issue of a

registration certificate during he 12-monthperiod; and

f) any other information that the Counc il

reasonably requires.

7.2 Council shall provide Annual Performance

Report to the Nodal ministry.

8.0. Report of the Council

The Council shall prepare an Annual Report

on its operations for each financial year.

9. INCOME, EXPENDITURE ANDACCOUNTS

9.1 The Council shallhave the power to receive

income from registration and renewal of

registration charges from registered engineers,

grants from the governments and sponsorship

charges for services provided consistent with

its aims and purpose as defined in Article 2.

9.2. The modality of payment of fees for the

Registering Institutions and the share of fee for

the Council shall be laid down in the regulation

made by the Council.

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9.3 The income and property of the Council,

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 for

any specific purpose as may be desired from

time to time by the donors. No portion of the

income and property of the Council, shall bepaid 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 the Council 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 of remuneration in good faith to any

member or other persons in return for any

service rendered to Council.

10. Authorities of the Council

10.1. The Office Bearers of the Council shallbe

(i) Chairman

(ii) Secretary General

10.2 Term of the Chairman

The Chairman of the Council shall have a term

of 3 years and shall not be eligible for a second

term; and shall exercise powers as detailed in

the Regulations.

10.3 Term of the Secretary General

The Secretary General shall be a full-time

employee of the Council. His appointment

terms and conditions will be as laid down in

the Regulations.

10.4 Duties of the Chairman.

The Chairman, when present, shall preside

over the Council meetings and conduct

meetings as defined in the Regulations. The

Chairman shall also be responsible, jointly with

the Secretary General, for proper record of the

minutes of all the meetings in which he/she is

present. In absence of the Chairman, the

Council will elect one of its members to serve

as the Chairman for the meeting.

10.5 Duties of the Secretary General

The Secretary General shall convene meetings

and maintain records of proceedings of the

Council and shall perform such other duties

as the Chairman shall decide under direction

of the Council. Secretary General shall alsofunction as the Administrative Head of the

Council.

11. ORGANISATION STRUCTURE

11.1 Council may establish an organization

consisting of full-time officials, which would be

headed by the Secretary General on full time

basis, as its Administrative Head.

11.2 Secretary General shall enjoy powers as per

the Act, and Regulations.12. CUSTODY OF DOCUMENTS

The Council 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 Council

Account. The Council shall be ent itled to

transfer such securities and investments in the

name of the Bank, if they so desire.

13. LEGAL PROCEEDINGSThe Council may sue or be sued in its own

name through the Secretary General as per

the provisions of this Act.

14. FINANCIAL YEAR

The financial year of the Council shall be from

1st April to 31st March of the following year.

15. AUDIT OF ACCOUNTS

The accounts of the Council shall be audited

by a duly qualified Chartered Accountantappointed by the Council every year.

16. PROCEDURE FOR FIRST &

SUBSEQUENT REGISTRATION AND

ITS RENEWAL

The procedure for first and subsequent

registration, alongwith fees for much

registration or renewal, or also for its renewal,

shall be prescribed in the regulation made

under this Act by the Council.

17. TENURE & RENEWAL OFREGISTRATION

(i) Initial registration of an Engineer will be valid

for a period of five years and subsequent

renewals for ten years at a time. While applying

for renewal of membership, the engineer shall

have to submit proof of continued engagement

in engineering activities and Continuous

Professional Development (CPD), as per the

details given in Regulations.

(ii) Where the (renewal) fee is not paid before the

due date, his name shall be removed from the

register:

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PROVIDED THAT a name so removed may

be restored to the register on, such conditions

as may be prescribed by Rules.

(iii) On payment of the (renewal) fee, the

Certificate of Registration shall be endorsed in

such manner as may be prescribed by

Regulations.

18. REMOVAL FROM REGISTER

18.1 The Council may, by an order, remove from

the National Register the name of any

Registered Engineer for the reasons to be

recorded, and following the procedures, laid

down in the Regulations.

19. DISCIPLINARY ACTION

REVOCATION, SUSPENSION, FINE OR

REPRIMAND

The Council shall have the power to takedisciplinary action as may be recommended

by the Registering Institutions and accordingly

reprimand any Registered Engineer or

suspend, refuse to renew or revoke the

Certificate of Registration, or levy a fine, on

being found guilty of acts specified in the

Regulations.

20. VIOLATIONS AND PENALTIES

Council shall have the power to take

appropriate legal steps against any person,

firm, partnership, organization, association or

other entity on violation of any provisions 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 in force.

21. SURRENDER OF CERTIFICATES

A person whose name has been removed from

the National Register under sub-section 19.1

or where such person is dead, his legal

representative, as defined in the appropriateSection of the Code of Civil Procedure, shall

forthwith surrender his Certificate of

Registration to the Council.

22. ISSUE OF DUPLICATE CERTIFICATES

Where it is shown to the satisfaction of the

Council that a Certificate of Registration has

been lost or destroyed, the Registering

Institution may, on payment of such fee, as

may be prescribed by the Regulations, issue a

duplicate certificate in the form prescribedunder the Regulations.

23. National Register of Registered

Engineers

The Council shall maintain a National Register

of Registered Engineers who may be practicing

in India or abroad.

CHAPTER III

MISCELLANEOUS

24. REGISTRATION WITH OTHER PUBLIC

BODIES

Once a person is registered as Registered

Engineer, the person shall be deemed to have

been registered by any central or state

government, municipal or other local body or

any other public body which requires

registration of engineers under any Law, Rules

or Regulations.

25. PROFESSIONAL CONDUCT ANDCODE OF CONDUCT

25.1 Council shall prescribe in the Regulations the

standards of professional conduct and a Code

of Conduct for Registered Engineers.

25.2 Regulations made by the Council may specify

violations of the Code of Conduct and the

disciplinary action to be taken.

25.3 The enforcement of the Code of Conduct shall

be done by the Registering Institutions.

26. FAILURE TO SURRENDER

CERTIFICATE OF REGISTRATION

If any person, whose name has been removed

from the Register, fails without sufficient cause

forthwith to surrender his Certificate of

Registration, he 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 she has persisted in the

failure.

27. COGNIZANCE OF OFFENCE

27.1 No court shall take cognizance of any offence

punishable under this Act, except upon

complaint made by Order of the Council or a

person authorized in this behalf by the Council.

27.2 No judicial authority less than a High Court

shall try any offence punishable under this Act.

28. PROTECTION OF ACTION TAKEN IN

GOOD FAITH

No suit, prosecution or other legal proceedingsshall lie against the Central Government,

Council or any Member of the Council,

Registering Institutions or any member of the

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Registering Institutions or any other Board/

Committee or Officers and other employees

of the Council for any thing that is done or

intended to be done in good faith under this

Act or any Rules or Regulations .

29. MEMBERS OF THE COUNCIL AND

OFFICERS AND EMPLOYEES TO BE

PUBLIC SERVANTS

Members of the Council and officers and other

employees of the Council shall be deemed to

be public servants within the meaning of

Section 21 of the Indian Penal Code.

30. POWERS TO REMOVE DIFFICULTIES

30.1 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 are considered

necessary or expedient for removing the

difficulty.

30.2 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 respect of a Rule

made under this Act.

31. POWERS OF CENTRAL GOVERNMENT

TO MAKE RULES

31.1 The Central Government may, by notification

in the Official Gazette, make Rules to carry out

the purposes of this Act.

31.2 Every Rule made under this Section shall be

laid, as soon as, it is made before each House

of Parliament.

32. POWERS OF THE COUNCIL TO MAKE

REGULATIONS

Council may make Regulations, notinconsistent with the provisions of this Act or

the Rules made thereunder, to carry out the

purpose of this Act.

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[r lmrn--so s4 ] mwm !mm l m - 7ALL INDIA COUNGLFOR TECBNICALEDUCATION

New Delhi,the 19th April, 2004Regulations for C reation of National Eng ineen Registration and Lieencing Board (NERLB)

No . E QAiENGRS-REGNIOSlI20M,In exercise of thepowers conferred under clause (r) and (v) ofSection 10 ofthe AICTE Act, 1987 (52 of 1987) read with Section 23 (1) ofth e Act, the AICTEherebymakes theseregulations, with the approval of the MHRD,Govenunkntof India forCreation of 'National Engineers&@&ation. .. ~ ~ .- andlicensingBoard' (NEUB). ~~ .~

PREAMBLE : -The professions of medicine and surgery, pharmacy, architecture and law, in India, are allregulated by law for effective functioning. With the increasing globalization andcompetitiveness, framing of appropriate regulations in the field of Engineering profession hasbecome imperative on account of challenges, which the Ir,dirs, engineers will have :Gencounter globally in the near future. In the National contex t also, such a step would beuseful to ensure quality, efic ie nc y and transparency in engineering profession.AICTE has already undertaken with the responsibility of accreditation of engineeringeducational programs through National Board of Accreditation (NBA). Registration andLicensing is a logical extension of the tasks already being carried out by the AICTE.OBJECTIVES :1. The principal object to create NERLB is for providing registration to the Engineeringgraduates from the recognized institutions and to issue licenses for the practice of professionto the desiring engineers in India with a view to enhance the level o f proficiency and ethics inthe practice of Engineering profession in the country.2. For the purpose of carrying out the above object, the council will establish NationalEngineers' Registration and Licensing Board (NERLB) in order to streamline the process ofthe registration of engineers / professional engineers and related matters.PIUNCIPLE FUNCTIONS OF NERLB :NERLB shall can y out the following activities in furtherance of the above ob ject :

1. stration on of Engineers (disciplines and the levels to be decided by NERLB)2. Licensing of Engineers (disciplines and the levels to be decided by NERLB). -- - ..- ~ .~.&-3. Development of the profession of engineering in India

~ . .. ~. . -- ~.... . -4. Representation of Indian engineers at national and international forum.5. Creation o f database o f registered engineers.6. Facilitation of i n m t i o n a l mobility of Indian engineers.-.

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8 THEGAZETTEOF NDIA :EXTRAORDINARY @'ARTIE--SEC.1 i7. Advising the G overnment of India and the S tate Governments on policy relatedissues.8. Clonducting research and investigation on identifying opportunities for the Indianengineers, both in domestic and international markets.

GENERAL FUNCTIONS OF NERLB :1. To establish, maintain and develop standards of knowledge and skills ofpractitioners of engineering.2. To develop and share advances in engineering and technological knowiedge.3. To develop engineering sk ills to improve the well being of society. a4. To represent the engineering profession at national and intern ationa l levels.5. To contribute to the development and recogaition of good engineering practices.6. To recognize and to support those denionstrating competence in engineering Iprofession. i7. To support engineers in their career developments. j8. To contribute to meet the needs of the com munity.

Short Title and Commencementi. These Regulations may be called the AICTE (National Engineers Registration andLicensing Board) Regulations, 2004.ii. These regulations shall come in force on the date of publication of the sam e in theGazette of India and are applicable through out the country.DefinitionsUnless the context o therwise requiresa) "AICTE" means the ' All India Council for Technical Education ' establishedunder section 3 of the AICTE Act, 1987 and within the definition of S ec. 2 (b) ofthe AICTE Act.b) "NBA" means the ' National Board of Accreditation ', set up by the Councilwithin the powers conferred under Sec. 10(u) of the AICTE Act, 1987.c) "NERLB means the ' National Engineers Registration and Licensing Board',established by the Council, through these Regulations, 2004 namely AICTE

(National Engineers Registration and Licensing Board) Regulation, 2004.Page 20 of 34


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d) "Engineering graduate" means a person who has obtained a bachelors degree inengineering from any Indian University established under law and dulyrecognised by the UGC or any other recognised University.e) "Registered Engineer" means an engineering graduate who entered in any roll /register maintained by the ' Secretary cum Registrar ' of "NERLB" or theRegional Committee concerned, established under the provisions of theRegulations, 2004.f) "Practice of Profession of Engineering" means any engineer, who registered

.. himself / herself with the ' Secretary cum Registrar ' of "NERLB" as a 'registeredengineer' and involved in the occupation, consultancy / expertise and creativework with adequate performance by application of special knowledge in theconcerned field of engineering.g) 'Advisory Board' .means a Committee I Sub-committee appointed by the'NERLB' consisting of members not less than 5 in number for verification,scrutiny of the documents and advise the Registrar cum Secretary in the mattersof registration of engineers.

3. ApplicabilityAll citizens of India or foreigners who want to register as an engineer for the purposeof seeking employment and /or License to practice the profession of engineering inIndia eit:,er ~3 efiiP;oyee, a coiijii~~li,Iexp& or ai iiidepeiideiitengineer in disciplines notified in'sched ule I and 11.

4. Constitution of NERLBi. AICTE shall constitute National Engineers Registration and L icensing Board forthe purpose of registration and / or licensing of engineers and all mattersconnected therewith.

2ii. The Head of ic e of the NERLB shall be at Delhi and the Regional offices asdesired will be established subsequently. For the present purpose seven regionaloftices of NERLB will be established at places where AICTE Regional Officesare already functioning.5. Governing Body :R

The NERLB would be governed by a Governing Body of 31 members as per detailsgiven below :

S.No1.2.

Secretary

CompositionChairman,NERLBRe~resentative f theMHRD, O1

Nos.11

RemarksTo be appointed by Chairman,AICTENot below the rank of Joint

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10 I ~ A R ~ ~ I I I S U ~ . ~ ]- THEGAZ E I TOF NDIA :EXTRAORDINARY------C:hairman, NBA I I ( Ex oficioRepresentatives of EC of A ICTE 12 I To be nominated by Chairman,I AICTE

l&Reiresentatives of Chairm an Regional I 2 I To be nominated b i Chakman, /

Not below the rank of JointSecretaryEx officioEx officioEx officio

-- -Representatives of the Ministries of theCentral GovernmentSecretary, University GrantsC:ommissionMem ber Secretary, AICTEChairman COAPharmacy Council ofIndia

4 .1

11

~: o i m i t t e e s f N E RL B - I AICTE8 Members of the tradelindustryAssociation like FICCI, ASSOCAM,Representatives of distinguished Engg. 1 3 I To be nominated by Chairman,AICTE

of ~ e c h i c a l ducationRepresentatives from the following~r of es si ona l od i e s f engineers

6. Te nu re of Office of Governing Body : IThe term of office of the Chairman and the member other than an ex-officio membershall be for a minimum period of three years.

P%cademiciansn the filed , .2 , To be nomixated bv Chzinnan.AICTETo be nominated by respectivesocietiesa) Institution of Engineers (I)b)iljd ian Society for TechnicalEducationc) Other*

of States and Union

Secretary cum Reg istrar

Mod e of Appointment of Gov ernme nt Nominee I Members : .i. MHRD, Govt. of India will appoint members to represent the different M inistriesfrom th e Central Governm ent by rotation from Schedule 111.

21

44

1

.1 1 . The Chairman, AICTE by rotation will invite one State from each region tonominate a M ember, not below the rank of Chief Engineer, from its S tate to be aMember of NERLB.

To be nominated by Chairman,A i c i E but not more than onefrom a regionEx officio, Mem ber Secretary

iii. For the purpose of nomination to the NERLB, the States and Union Territorieswill be grouped in the seven regions as specified by AICTE for administrationpurposes.

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8. Powers of N E m B :i. NERLB shall constitute an High Power Standing Committee or any suchappropriate Committee or Committees for the efficient discharge of functions asmay be assigned to it by the NERLB.ii. The Executive Comm ittee of NERLB shall consist of 7Members as under :

a. Chairman,NERLB - 1b. Representative of Ministry of HRD, GO1 - 1C. MS,AICTE - 1d. Chairman,NBA - 1e. Representative of ~ ro fe ss hn al ocieties - 1f. Representative of States and Union Territories - 1g. Secretary cum Registrar, NERLB - 1

The EC shall be coterminous with NERLBiii. The other Comm ittees constituted by NERLB should not be less than 3 Members.iv. NERLB shall also constitute appropriate Committees at Regional Level andNational Level in the following Disciplines :

a. Registration.b. Licensing at different levels.c. verifica~ionof academic requirements and syiiabus for various ieveis uTRegistration and Licensing.d. Experience requirements for various levels of Registration and Licensing.e. Examination and Assessment processes for various levels of Registrationand Licensing.f. Process of issuance of certificates of Registration and Licensing.g. Code of professional ethics for practicing Engineers.h. Examination of complaints.i. Investigation of disciplinary matters.j. Mediation of fees for professional s e ~ c e s .k. Any other matter related to principal object

v., NERLB may also appoint Sub committees, if necessary, to monitor and executethe above ac tivitiesvi. NERLB will have its Regional Committees which will be constituted as under:

S.No Composition Nos. Remarksi) Chairman 1 To be nominated byC b a h m , AICTEii) Nomination from professional 3 Tobenom inated byChairman, AICTEbodies and industrial associationsand societies of the region

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One from each State \iii) Representative of State Governm entiv) Distinguished Academician 1 To be nominated by&om the region Chairman, AICTEv) Regional Secretary cum Registrar 1 Ex officio

viii. NERLB shall have the powers to formulate guidelines and lay dow n proceduresregulations for carrying out various tasks including the following:1. Setting up of Committees, Sub-Committees and Regional Comm ittees.2. Maintenance of registers for registration and licensing.3. Code of conduct and ethics.4. Professional examinations.5. Reciprocal arrangement with international bodies.6. Registration and award of licence and their renewal7. Service conditions for employees of NERLB8. Any other item as approved by NERLB.9. Fee for Registration10. Qualificatidn and conditions for Registration

Schedule -ITechnical Disciplines and Subjec'ts for R egistration and Licensing nfEngineers

DISCIPLINESMechanical Engineeringrr SUBJECTSMechanical Processing and ProcessingMachineryPrime MoverPrecision MachineryRailroad Vehicle & AutomobileChemical MachineryHydraulic MachineryConstruction, Mining, Loading & CarrierMachineryIndustrial Machinery, A ir-conditioning&Refrigeration equipmentMachine Equipment

Air Craft bodyNavigation support facilitiesSpace environment udlization

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1wm -w s 4 1 r m i n m : J n r m r r o r

Mining

3.

I

Civil Engineering

5.

Ceramics 62 Inorganic Chemical ProductsOrganic Chemical ProductsFuel & Lubricant OilPolymer Products

-Electrics, Electronics&Electrical Communication

Textile ~h & nic al quipment & FacilitiesChemical Spinning, Thread Making,

Generation, Transmission, Distribution andTransformationElectric application~lecironicpplicationInfo-CommunicationElectric Facilities

~ & h a n i c i ~ p i n n & ~ &abric -Manufacturing, Dying & FinishingSewingIron & Steel Manufacturing SystemNonferrous Metals manufacturing SystemMetallic MaterialsSurface TechnologiesMetal WorkingMetals &Nonm etals miningCoal, Petroleum & Natural Gas miningSoil. quality and Foundation,Steel S tructure and Concrete,Urban & Rural PlanningRiver, Erosion, Control & SeashoreHarbor & AirportConstruction for ElectricityRoadRail roadTunnelConstruction Planning, ConstructionFquipment & IntegrationConstruction Environment

Water Supply & Seweragec.

Air conditioning FacilitiesArchitecture environmental FacilitiesWaste Management

I

City water & industrial water supplySewerageWater Service environment10. Environment Engineering q a te r quality ControlWaste Disposal

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i. 14 , THEG A a E F NDIA:EYXRAORDINARY [PARTUISEC.1- ., . . - .- .. ~ , .- -1 ~nformation ec hnolog ies I Information SystemInformation Mathematics& KnowledgeProcessingInformation Application,Computer System

Schedule - 1 IList of Union ini is tries fir the purpose of nomination on NERLA 1

RailwaysTelecommunicationSurface TransportUrban developmentDefence

I4) Shipping *i) Planning Commission .j) Commerce r) Atomic Energy Uk) Science and Technology s) Space v

1) Water X e so ~ c es t j any such otherm) Power nominations, asPetroleum n) Heavy Industry may be decidedIndustries ' ) Civil AviationAgriculture p) Information Technology '

Prof K. SUBRAMANIAN, ADVISER(ADMN.)[ADW.rmrVIl62/2004/Exty.]

-Printed by th e Manager, Go*. of India Press, Ring Road, Mayapuri, Ne w Delhi-110064

and Published by th e ControUer of Publications, Delhi-110054.

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GOVERNMENT OF IN DI A

MI NI STRY OF HUMAN RESOURCE DEVELOPMENT

LOK SABHA

UNSTARRED QUESTI ON NO 4142

ANSWERED ON 21 .04.2 01 0

SETTIN G UP OF I NDI AN COUNCI L OF ENGI NEERS

414 2 .Shri E.G. SUGAVANAM

Wi l l t he M in i s te rof HUMAN RESOURCEDEVELOPMENT be p leased to s ta te: -

(a ) w he the r the Governmen t has any p roposa l t o se t up I nd ian Counc i l o f Eng ineers i n the

coun t ry ;

(b ) i f so , t he de ta i l s and func t i ons the reo f ; and

(c ) t he t ime by w h ich these co l l eges a re l i ke l y to be set up?

ANSWER

MI NI STER OF THE STATE IN THE MI NI STRY OF HUMAN RESOURCE DEVELOPMENT ( SMT. D.

PURANDESWARI )

(a ) to ( c ) : Se t t i ng up an I nd ian Counc i l o f Eng ineers i s pa r t o f a p roposed d ra f t Eng ineers B i l lw h i ch i s s t i l l at t he concep tua l s tage and no f i na l dec i sion has been taken i n th e ma t t e r .

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