ENGINEERS BILL

Mr. 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 mandatory registration/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. Page 1 of 34

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 legislation but 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. Page 2 of 34

Background Paper ENGINEERS BILL

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 would work 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 Ministr y 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 Engineers Bill 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. (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 till this time aimed at registering the Professional Engineers and not the engineers at large. A Professional Engineer is defined as a person holding recognized graduate level degree in engineering with specified 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 ser ve the purpose of regulating the engineering profession as a whole. Registering of Professional Engineers alone would also 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 different purposes. The extensive consultative process addressed the following questions : (i) Whether India needs an Engineers Act in line with the Acts of developed countries where such Acts have been followed since long and all the systems are in place. 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. Whether the cutting age of Indian engineers in the knowledge economy already in great demand shall be fully protected and

(ii)

(iii)

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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.

subject to discrepancy action including deregistration in case of violation of Code of Ethics. (d) (e) Title Engineer (Er) can be used only by the registered engineers. Initial registration is for five years. Renewal of 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. 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. 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.

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 institutions of 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 India, Institution of Surveyors, Indian Institute of Chemical Engineers, L&T, , Institution of Mechanical Engineers, Institution of Electrical Engineers, Institution of Marine Engineers, Institution of Electronics and Telecommunication 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) Registration shall be mandatory for all engineers holding engineering graduation level degree (including graduates of professional institutions) who wish to practise engineering. There is no requirement of minimum experience. The Registered Engineer shall be accountable for his professional conduct and

(f)

(g)

Advantages of the proposed Bill : (a) The registration of all, who practise engineering, shall regulate the practice of engineering and engineers. The registered engineers shall be accountable for their professional conduct. With emphasis on CPD for renewal of registration, the general level of professional knowledge amongst the engineers would improve and they would remain updated. Exclusive title of Er would provide exclusivity to the engineers. Engineering as a profession will get recognition in official parlance. Engineers as a body shall have the voice of their own through this channel.

(b) (c)

(d) (e) (f)

(b) (c)

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ENGINEERS BILL 2007 STATEMENT OF OBJECTS

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 people. For regulation of the engineering profession, as mandated in this Bill, a separate 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. the Institution 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 responsibility to oversee registration, renewal of registration and its termination etc. 1. 1.1 1.2 1.3 SHORT TITLE, COMMENCEMENT EXTENT AND

This Act shall be called the Engineers Act, 2007. It shall extend to the whole of India except for the State of Jammu & Kashmir. It shall come into force on such date as the Central Government may, by a notification in the official Gazette, appoint. GENERAL PROVISIONS, AIMS AND PURPOSE 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. 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 and enable him to use the title of Engineer (Er.) Prefixed to his name. 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. DEFINITIONS In this Act, unless the context otherwise requires:

2. 2.1

2.2

2.3

3.

3.1

Certificate of Registration means the certificate issued by the Indian Council of Engineers granting the privilege of practicing as a Registered Engineer. Chairman means Chairman of the Council. 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 acquired qualifications recognized by the Government of India as equivalent.

3.2 3.3

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3.4 3.5

Indian Council of Engineers, means the body constituted by Section 4 of this Act. Nodal Ministry means Ministry of Human Resources Development (MHRD) of the Government of India. 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 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 of manufacturing 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; Registered Engineer means an Engineer who has been duly registered under this Act. 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.

4.2 5. 5.1

The Head Office of the Council shall be in the National Capital Region POWERS AND FUNCTIONS OF THE COUNCIL Council will work for advancing the science and practice of engineering and technology in the country; identifying the crucial role of engineers in society; registering Engineers and laying down appropriate norms of professional conduct and taking appropriate action against violations thereof. Towards the attainment of specific objects and functions stated in sub-section 5.1, the Council shall exercise following powers : To standardize criteria and procedures to be adopted for according the status of Registered Engineer in India and for his continuous professional development. To establish a Code of Conduct for Registered Engineers for adoption and to evolve appropriate strategy for its enforcement. 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.

3.6

5.2

(i)

(ii)

3.7 3.8

(iii)

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. 4.1 CONSTITUTION OF INDIAN COUNCIL OF ENGINEERS 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, hold and dispose off properties, both movable and immovable, and to contract and may by that name sue or be sued.

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) b) Develop and approve the Regulations to implement various provisions of this Act. Give direction to registering institutions on issues referred to it either by them or by the Central Government or on its own. 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. Review and report to the Nodal Ministry on the performance of the Council, for its functions and powers under this Act. Discharge such functions considered necessary for furtherance of its objectives.

c)

d)

(e)

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5.3.2 Executive Committee and Committees of the Council.

other

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) (ii) Nominee Member of Nodal Ministry Nominated members by the Council one from statutory bodies, one from states and one from academic institutions. Ten elected members from amongst the Council Members. 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) (b) (c) Holds a recognized degree level qualification in engineering Signs an undertaking to comply with the Code of Conduct prescribed by the Council. Undertakes to fulfil the requirement of continuous professional development.

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, keeping in 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) All India Council 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. 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. (iv) IITs, IISc and Central Universities and Central Institutions Deemed Universities State Technical Universities and any state Universities. 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 concerned State Government.

(iii)

5.4. Registration of Engineers

(iii)

5.4.1.The Registered Engineer shall be obliged to mention his registration number on all official documents which he certifies and affixes his signatures 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

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Industrial Associations (3): (v) Three nominees representing the Industrial Associations such as CII, FICCI and ASSOCHAM by rotation. Members from professional societies, representing various disciplines shall be as follows: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. The Institution of Engineers (India) Institution of Electronics Telecommunication Engineers Institution of Chemical Engineers Computer Society of India 1 Institution of Industrial Engineers 1 Aeronautical Society of India 1 Indian Institute of Metals 1 Institution of Surveyors 1 Institution of Marine Engineers 1 Consulting Engineers Associations of India 1 Broadcast Engineering Society 1 Construction Industry Development Council 1 Consultancy Development Centre Institution of Mechanical Engineers Engineering Council of India 1 Representatives from other disciplines/ societies to be nominated by the Council, on rotation 4 Co-opted Members by the Council 2 1 Indian National Academy of Engineering 1 5 and 2 1

7. 7.1

Annual Performance Reports The institutions authorized for registration shall provide Annual Performance Report to the Council.

Professional Society Members: (27):

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 registered professional engineers during the twelve months ending on the preceding 31st March. 7.1.2 The repor t shall include the following information: a) b) the number of registered engineers at the end of the 12-month period; the number of persons whom the Registering Institutions registered, and the number of persons whom the Registering Institutions declined to register, during the 12-month period; the number of persons whose registration was removed, suspended, or placed in abeyance during the 12-month period; the number of persons against whom the Registering Institution made a disciplinary order during the 12-month period; the amount of the charge or charges payable in relation to registration or the issue of a registration certificate during he 12-month period; and any other information that the Council reasonably requires. Council shall provide Annual Performance Report to the Nodal ministry. The Council shall prepare an Annual Report on its operations for each financial year. 9. 9.1 INCOME, EXPENDITURE ACCOUNTS AND

c)

d)

e)

f) 7.2

8.0. Report of the Council

18.

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 among themselves.

The Council shall have 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 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 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. Authorities of the Council Chairman Secretary General 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.

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 entitled to transfer such securities and investments in the name of the Bank, if they so desire. 13. LEGAL PROCEEDINGS The 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 Accountant appointed 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. (i) TENURE & REGISTRATION RENEWAL OF

10. (i) (ii)

10.1. The Office Bearers of the Council shall be

10.2 Term of the Chairman

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 also function as the Administrative Head of the Council.

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. Where the (renewal) fee is not paid before the due date, his name shall be removed from the register:

(ii)

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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. REMOVAL FROM REGISTER

23.

National Engineers

Register

of

Registered

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 AND CODE OF CONDUCT

18.

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 take disciplinary 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 appropriate Section 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 prescribed under the Regulations.

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 proceedings shall 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, 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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ALL INDIA COUNGL FOR TECBNICAL EDUCATION New Delhi, t e 19th April, 2004 h Regulations for Creation of National Engineen Registration and Lieencing Board (NERLB) No. E QAiENGRS-REGNIOSlI20M,In exercise of the powers conferred under clause (r) and (v) of Section 10 ofthe AICTE Act, 1987 (52 of 1987) read with Section23 (1) ofthe Act, the AICTE hereby makes these regulations,with the approval of the MHRD, Govenunkntof India for Creationof 'National Engineers &@&ation andlicensingBoard' (NEUB). .~
~~

..

~ ~

. -

PREAMBLE :

The professions of medicine and surgery, pharmacy, architecture and law, in India, are all regulated by law for effective functioning. With the increasing globalization and competitiveness, framing of appropriate regulations in the field of Engineering profession has become imperative on account of challenges, which the Ir,dirs, engineers will have :G encounter globally in the near future. In the National context also, such a step would be useful to ensure quality, eficiency and transparency in engineering profession.
AICTE has already undertaken with the responsibility of accreditation of engineering educational programs through National Board of Accreditation (NBA). Registration and Licensing 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 Engineering graduates from the recognized institutions and to issue licenses for the practice of profession to the desiring engineers in India with a view to enhance the level of proficiency and ethics in the practice of Engineering profession in the country.

2. For the purpose of carrying out the above object, the council will establish National Engineers' Registration and Licensing Board (NERLB) in order to streamline the process of the registration of engineers / professional engineers and related matters.
PIUNCIPLE FUNCTIONS OF NERLB :
NERLB shall cany out the following activities in furtherance of the above object : 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 of database of registered engineers.

6. Facilitation of i n m t i o n a l mobility of Indian engineers.

.

Page 19 of 34

THE GAZETTEOF INDIA :EXTRAORDINARY

@'ARTIE--SEC. 41

7. Advising the Government of India and the State Governments on policy related issues.
8. Clonducting research and investigation on identifying opportunities for the Indian engineers, both in domestic and international markets.

GENERAL FUNCTIONS OF NERLB :

1. To establish, maintain and develop standards of knowledge and skills of practitioners of engineering.

2. To develop and share advances in engineering and technological knowiedge.

3. To develop engineering skills to improve the well being of society.
a

4. To represent the engineering profession at national and international levels.

5. To contribute to the development and recogaition of good engineering practices.

6. To recognize and to support those denionstrating competence in engineering profession.
7. To support engineers in their career developments.
I

8. To contribute to meet the needs of the community.

Short Title and Commencement
i. These Regulations may be called the AICTE (National Engineers Registration and Licensing Board) Regulations, 2004.

ii. These regulations shall come in force on the date of publication of the same in the Gazette of India and are applicable through out the country. Definitions Unless the context otherwise requires a) "AICTE" means the ' All India Council for Technical Education ' established under section 3 of the AICTE Act, 1987 and within the definition of Sec. 2 (b) of the AICTE Act. b) "NBA" means the ' National Board of Accreditation ', set up by the Council within 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

d) "Engineering graduate" means a person who has obtained a bachelors degree in engineering from any Indian University established under law and duly recognised 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 the Regional Committee concerned, established under the provisions of the Regulations, 2004.
f) "Practice of Profession of Engineering" means any engineer, who registered himself / herself with the ' Secretary cum Registrar ' of "NERLB" as a 'registered engineer' and involved in the occupation, consultancy / expertise and creative

..

work with adequate performance by application of special knowledge in the concerned 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 matters of registration of engineers.
3.

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

4.

Constitution of NERLB

i. AICTE shall constitute National Engineers Registration and Licensing Board for the purpose of registration and / or licensing of engineers and all matters connected therewith.
2

ii. The Head ofice of the NERLB shall be at Delhi and the Regional offices as desired will be established subsequently. For the present purpose seven regional oftices of NERLB will be established at places where AICTE Regional Offices are already functioning.
5.

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

S.No 1. 2.

Composition Chairman, NERLB Re~resentative the MHRD,GO1 of

Nos. 1
1

Remarks To be appointed by Chairman, AICTE Not below the rank of Joint Secretary

Page 21 of 34

1 0

- --

THE G A Z E I T OF INDIA : EXTRAORDINARY

I~AR~~IIISU~.~]

Representatives of the Ministries of the Central Government Secretary, University Grants C:ommission Member Secretary, AICTE Chairman COAPharmacy Council of India -----C:hairman, NBA Representatives of EC of AICTE

4 .
1

Not below the rank of Joint Secretary Ex officio Ex officio Ex officio

1
1

II
12

( Ex oficio

l&Reiresentatives of Chairman Regional 2 ~:oimittees NERLB of Representatives of distinguished Engg. 1 3 8 Members of the tradelindustry . Association like FICCI, ASSOCAM, P%cademicians the filed in of ~ e c h i c aEducation l Representatives from the following ~rofessional o d i e of engineers ~ s a) Institution of Engineers (I) b)iljdian Society for Technical Education c) Other* of States and Union

I To be nominated by Chairman,

I AICTE

I To be nominated b i Chakman,

I AICTE
AICTE

I To be nominated by Chairman,
, To be nomixated bv Chzinnan.
AICTE To be nominated by respective societies

, .2

2 1
4 4
1

Secretary cum Registrar

6.

To be nominated by Chairman, A i c i E but not more than one from a region Ex officio, Member Secretary

Tenure of Office of Governing Body : The term of office of the Chairman and the member other than an ex-officio member shall be for a minimum period of three years. Mode of Appointment of Government Nominee I Members :
i.
..

MHRD, Govt. of India will appoint members to represent the different Ministries from the Central Government by rotation from Schedule 111. The Chairman, AICTE by rotation will invite one State from each region to nominate a Member, not below the rank of Chief Engineer, from its State to be a Member of NERLB.

11.

iii. For the purpose of nomination to the NERLB, the States and Union Territories will be grouped in the seven regions as specified by AICTE for administration purposes.

Page 22 of 34

8.

Powers of N E m B :

i. NERLB shall constitute an High Power Standing Committee or any such

appropriate Committee or Committees for the efficient discharge of functions as may be assigned to it by the NERLB. ii. The Executive Committee of NERLB shall consist of 7 Members as under : a. Chairman,NERLB b. Representative of Ministry of HRD, GO1 C. MS,AICTE d. Chairman,NBA e. Representative of ~rofesshnal societies f. Representative of States and Union Territories g. Secretary cum Registrar, NERLB The EC shall be coterminous with NERLB iii. The other Committees constituted by NERLB should not be less than 3 Members. iv. NERLB shall also constitute appropriate Committees at Regional Level and National Level in the following Disciplines : a. Registration. b. Licensing at different levels. c. verifica~ionof academic requirements and syiiabus for various ieveis uT Registration and Licensing. d. Experience requirements for various levels of Registration and Licensing. e. Examination and Assessment processes for various levels of Registration and 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 execute the above activities

1 1 1 1
1

1 1

vi. NERLB will have its Regional Committees which will be constituted as under:

S.No

Composition

Nos.

Remarks

i) Chairman ii) Nomination from professional . bodies and industrial associations and societies of the region
Page 23 of 34

1 To be nominated by C b a h m , AICTE
3 Tobenominated by Chairman, AICTE

iii) Representative of State Government iv) Distinguished Academician &om the region v) Regional Secretary cum Registrar

One from each State

1 To be nominated by Chairman, AICTE

1 Ex officio

viii. NERLB shall have the powers to formulate guidelines and lay down procedures regulations for carrying out various tasks including the following:
1. Setting up of Committees, Sub-Committees and Regional Committees.

2. 3. 4. 5.

Maintenance of registers for registration and licensing. Code of conduct and ethics. Professional examinations. Reciprocal arrangement with international bodies. 6. Registration and award of licence and their renewal 7. Service conditions for employees of NERLB 8. Any other item as approved by NERLB. 9. Fee for Registration 10. Qualificatidn and conditions for Registration Schedule -I

Technical Disciplines and Subjec'ts for Registration and Licensing nf Engineers

rr
DISCIPLINES Mechanical Engineering

SUBJECTS Mechanical Processing and Processing Machinery Prime Mover Precision Machinery Railroad Vehicle & Automobile Chemical Machinery Hydraulic Machinery Construction, Mining, Loading & Carrier Machinery Industrial Machinery, Air-conditioning & Refrigeration equipment Machine Equipment Air Craft body Navigation support facilities Space environment udlization

Page 24 of 34

1wm-ws41

3.

Electrics, Electronics & Electrical Communication

rminm:Jnrmrror

Generation, Transmission, Distribution and Transformation Electric application ~lecironic application Info-Communication Electric Facilities Ceramics 62 Inorganic Chemical Products Organic Chemical Products Fuel & Lubricant Oil Polymer Products ~h&nical Equipment & Facilities Chemical Spinning, Thread Making, ~ & h a n i c i ~ p i n n &Fabric ~& Manufacturing, Dying & Finishing Sewing Iron & Steel Manufacturing System Nonferrous Metals manufacturing System Metallic Materials Surface Technologies Metal Working Metals &Nonmetals mining Coal, Petroleum & Natural Gas mining Soil. quality and Foundation, Steel Structure and Concrete, Urban & Rural Planning River, Erosion, Control & Seashore Harbor & Airport Construction for Electricity Road Rail road Tunnel Construction Planning, Construction Fquipment & Integration Construction Environment City water & industrial water supply Sewerage Water Service environment qater quality Control Waste Disposal Air conditioning Facilities Architecture environmental Facilities Waste Management

I
5.

Textile

Mining Civil Engineering

Water Supply & Sewerage

c.

10.

Environment Engineering

Page 25 of 34

14 ,
.,

i
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THE G A a E OF INDIA: EYXRAORDINARY

1 ~nformation~echnologies

[PARTUISEC. 41
.. .~
,

I Information System

.-.

Information Mathematics & Knowledge Processing Information Application, Computer System

Schedule - I1 List of Union

ini is tries fir the purpose of nomination on NERLA

i) j) k) 1)
'

Railways Telecommunication Surface Transport Urban development Defence

Petroleum

m)
n)

Industries Agriculture

o) p)

Planning Commission Commerce Science and Technology Water Xeso~ces Power Heavy Industry Civil Aviation Information Technology

4)
r)

s) tj

Shipping Atomic Energy Space any such other nominations, as may be decided

1 .
*
U

I
I

'

Prof K. SUBRAMANIAN, ADVISER(ADMN.)

[ADW.rmrVIl62/2004/Exty.]

Printed by the Manager, Go*. of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the ControUer of Publications, Delhi-110054.

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GOVERNMENT OF INDIA MINISTRY OF HUMAN RESOURCE DEVELOPMENT LOK SABHA UNSTARRED QUESTION NO 4142 ANSWERED ON 21.04.2010

SETTING UP OF INDIAN COUNCIL OF ENGINEERS 4142 .Shri E.G. SUGAVANAM

Will the Minister of

HUMAN RESOURCE DEVELOPMENT

be pleased to state:-

(a) whether the Government has any proposal to set up Indian Council of Engineers in the country; (b) if so, the details and functions thereof; and (c) the time by which these colleges are likely to be set up?

ANSWER
MINISTER OF THE STATE IN THE MINISTRY OF HUMAN RESOURCE DEVELOPMENT (SMT. D. PURANDESWARI) (a) to (c): Setting up an Indian Council of Engineers is part of a proposed draft Engineers Bill which is still at the conceptual stage and no final decision has been taken in the matter.

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