ENGINEER ACT B.E. 2542 1999210.246.148.76/thaiquest/getFileProxy/comment.aspx... · the profession’s esteem as prescribed in the regulation of the Council of Engineers; DISCLAIMER

DISCLAIMER: THIS TEXT HAS BEEN PROVIDED FOR EDUCATIONAL/ COMPREHENSION PURPOSES AND CONTAINS NO LEGAL AUTHORITY. THE OFFICE OF THE COUNCIL OF STATE SHALL ASSUME NO RESPONSIBILITY FOR ANY LIABILITIES ARISING FROM THE USE AND/OR REFERENCE OF THIS TEXT. THE ORIGINAL THAI TEXT AS FORMALLY ADOPTED AND PUBLISHED SHALL IN ALL EVENTS REMAIN THE SOLE AUTHORITY HAVING LEGAL FORCE.

Unofficial Translation∗

ENGINEER ACT, B.E. 2542 (1999)

BHUMIBOL ADULYADEJ, REX;

Given on the 19th Day of November B.E. 2542 (1999); Being the 54th Year of the Present Reign.

His Majesty King Bhumibol Adulyadej is graciously pleased to proclaim that: Whereas it is expedient to revise the law on engineering profession; This Act contains certain provisions in relation to the restriction of rights and liberties of a person, in respect of which section 29 in conjunction with section 39, and section 50 of the Constitution of the Kingdom of Thailand so permit by virtue of law; Be it, therefore, enacted by the King, and with the advice and consent of the National Assembly, as follows: Section 1. This Act is called the “Engineer Act, B.E. 2542 (1999)”. Section 2. This Act shall come into force as from the day following the date of its publication in the Government Gazette.1 Section 3. The following shall be repealed: (1) Engineering Profession Act, B.E. 2505 (1962); (2) Engineering Profession Act (No. 2), B.E. 2512 (1969); (3) Engineering Profession Act (No. 3), B.E. 2520 (1977). Section 4. In this Act: “Engineering profession” means engineering profession in the fields of civil engineering, mining engineering, mechanical engineering, electrical engineering, industrial engineering, and other fields of engineering as prescribed in Ministerial Regulation.

∗Translated by Mr. Tanongsak Mahakusol, and reviewed by Mrs. Vilawan Mangklatanakul under contract for the Office of the Council of State of Thailand's Law for ASEAN project. –Initial Version– pending review and approval by the Office of the Council of State. 1Published in the Government Gazette, Vol. 116, Part 120 a, dated 29th November, B.E. 2542 (1999).


2

“Controlled engineering profession” means engineering profession as prescribed in the Ministerial Regulation. “Licence” means a licence to practice the controlled engineering profession under this Act. “Controlled engineering profession practitioner” means a person who is licenced to practice the controlled engineering profession by the Council of Engineers. “Member” means a member of the Council of Engineers. “Committee member” means a committee member of the Council of Engineers. “Committee” means a committee of the Council of Engineers. “Secretary-general” means the secretary-general of the Council of Engineers. “Competent official” means a person appointed by a Minister to execute this Act. “Minister” means the Minister in charge and control of the execution of this Act. Section 5. The Minister of Interior shall be in charge and control of the execution of this Act, and shall have the power to appoint the competent official and have the power to issue a Ministerial Regulation prescribing fees not exceeding the rates provided in the schedules hereto attached, including issuing a Ministerial Regulation for the execution of this Act. Such Ministerial Regulation shall come into force upon its publication in the Government Gazette.

CHAPTER I Council of Engineers

Section 6. There shall be the Council of Engineers whose objectives and, powers and duties are hereby prescribed in this Act. The Council of Engineers shall be a juridical person. Section 7. The objectives of the Council of Engineers shall be as follows: (1) to promote education, research, and practice of the engineering profession; (2) to promote unity and to conciliate disputes among members; (3) to promote welfare and to uphold honor of members;


3

(4) to control behavior and operation of the controlled engineering profession practitioner in compliance with the standards and ethics of the engineering profession; (5) to assist, advise, disseminate, and provide academic services to the public and other organizations in connection with engineering science and technology; (6) to provide consultation or recommendation to the government in connection with engineering and technological policies and problems ; (7) to represent engineering profession practitioners of Thailand; (8) to execute any other responsibilities as prescribed in Ministerial Regulation. Section 8. The Council of Engineers shall have the powers and duties as follows: (1) to issue a licence to persons who apply for practicing the controlled engineering profession; (2) to suspend or revoke licence; (3) to certify academic degree, certificate, or certificate of proficiency in practicing the controlled engineering profession; (4) to certify knowledge and expertise in practicing the controlled engineering profession; (5) to propose recommendations to the Minister in connection with the determination and termination of the fields in controlled engineering profession; (6) to enact regulations of the Council of Engineers which govern the followings: (a) prescription of the prohibitions under section 12 (6) (b) admission of members, membership registration fee, maintenance fee, and the fee to be collected from the members or third persons; (c) selection and election of the committee members under section 32; (d) issuance of licence, term of licence, suspension of licence, revocation of licence, and certification of knowledge and expertise in practicing the controlled engineering profession; (e) qualifications, terms in office, and vacating of office of the inspector under section 20 paragraph two; (f) criteria and qualifications of the licence applicant for each level under section 46; (g) qualifications and prohibitions of the applicants under section 49; (h) ethics of engineering profession and violations of ethics which dishonour the profession’s esteem; (i) standard in practicing the controlled engineering profession;


4

(j) holding of a meeting of the Council of Engineers; (k) any other activities as prescribed in this Act. Such regulations of the Council of Engineers shall be approved by the chancellor and shall come into force upon their publication in the Government Gazette. (7) to execute in accordance with the objectives of the Council of Engineers.

Section 9. The Council of Engineers may have the following incomes: (1) membership registration fee, maintenance fee, and fees under this Act; (2) subsidy from the national budget; (3) benefit from management of property and an operation of the Council of

Engineers; (4) money and property bestowed to the Council of Engineers; (5) fruits from the money and property under (1) (2) (3) and (4). Section 10. The Minister shall hold an office of the chancellor of the Council

of Engineers and shall have the powers and duties as prescribed in this Act.

CHAPTER II Member

Section 11. Member of the Council of Engineers shall be categorized into

three types as follows: (1) ordinary member; (2) extraordinary member; (3) honorary member. Section 12. An ordinary member shall have qualifications and not be under

prohibitions as follows: (1) being not less than eighteen years of age; (2) being of Thai nationality; (3) having the knowledge in engineering profession by obtaining an academic

degree, certificate, or certificate of proficiency equivalent to an academic degree in the field of engineering certified by the Council of Engineers;

(4) not having violated the ethics which would account for the declining of the profession’s esteem as prescribed in the regulation of the Council of Engineers;


5

(5) not having been sentenced, by a final judgment, to imprisonment in a case of ethics violation which would account for a declining of the profession’s esteem as prescribed in the regulation of the Council of Engineers;

(6) not being a person of unsound mind, mental infirmity, or infected with a disease as prescribed in the regulation of the Council of Engineers.

An extraordinary member shall be a person who practices in the field relating to engineering profession and shall have qualifications and not be under the prohibitions as prescribed in the regulation of the Council of Engineers.

An honorary member includes qualified persons appointed by the general meeting of the Council of Engineers. Section 13. Rights and duties of an ordinary member shall be as follows: (1) to express an opinion in the general meeting of the Council of Engineers; (2) to vote in the general meeting of the Council of Engineers; (3) to express opinion and to submit to the committee for consideration questions in writing in connection with an activity of the Council of Engineers, and in case where members collectively amounting to fifty persons or more submit a proposal to the committee for consideration the issue relating to the activity of the Council of Engineers, the committee shall consider and notify the result of such consideration to the proposers without delay; (4) to select, be elected, or appointed to be a committee member; (5) to pay for a member registration fee and maintenance fee as prescribed in the regulation of the Council of Engineers; (6) to uphold profession’s esteem and perform in accordance with this Act. An extraordinary member and honorary member shall have the rights and duties similar to those of the ordinary member except the rights and duties under (2) and (4). Section 14. A membership of member shall be terminated upon: (1) death; (2) resignation; (3) the resolution of the committee to vacate that member from office due to lack of qualifications under section 12 for an ordinary member and an extraordinary member, as the case may be; (4) the resolution of the general meeting of the Council of Engineers to revoke the appointment of an honorary member; (5) failure to pay membership registration fee or maintenance fee without reasonable ground as prescribed in the regulation of the Council of Engineers;


6

(6) the resolution of the Council of Engineers to revoke the licence under section 64. Section 15. A meeting of members shall be regarded as a general meeting and held once a year. All other general meetings held shall be called extraordinary general meeting. Section 16. A general meeting shall be held by the committee as necessary. An ordinary member may request that an extraordinary meeting be held in accordance with the criteria and procedure as prescribed in the regulation of the Council of Engineers. In such case, the committee shall summon the extraordinary meeting within thirty days from the date of receiving such request. Section 17. In a general meeting of the Council of Engineers, if ordinary members present do not reach two hundred persons and such meeting is summoned upon a request of the members, such meeting shall be cancelled thereon. But, if the general meeting is not held by a request of members, such meeting shall be adjourned and the President of the Council of Engineers shall re-summon another general meeting within forty-five days. Section 18. In a general meeting of the Council of Engineers, the President of the Council of Engineers shall preside as a chairperson. In case where the President of the Council of Engineers is not present or is unable to perform the duty, the Vice President of the Council of Engineers acting on his or her behalf under section 34 shall preside as a chairperson. If both the President and the Vice President are not present at the meeting or are unable to perform their duties, attending members shall select one member to preside as a chairperson. Section 19. In the general meeting, the business that should be attended to include: (1) approval of an annual operating plan of the committee; (2) consideration and approval of an annual balance sheet of the Council of Engineers; (3) appointment of an auditor and determination of a remuneration of the auditor.


7

Section 20. The general meeting of the Council of Engineers shall appoint one or more inspectors from the members or third persons. The qualifications, term in office, and vacation of office shall be in accordance with the prescribed regulation of the Council of Engineers. An inspector shall have the power and duty to inspect an operation of the committee and shall submit a report to the general meeting of the Council of Engineers thereof. Section 21. By inspecting an operation of the committee, an inspector shall have the power to enter any Council of Engineers’ place of business during office hours and shall have the person concerned provides convenience, assists, or gives explanation to the inspector as deemed proper to the case.

Section 22. A committee member, a subcommittee member, an official of the Council of Engineers, an employee, and a representative of the Council of Engineers shall have a duty to submit any document or evidence kept by him or her or in his or her custody to an inspector and shall give explanation in connection with any operation of the Council of Engineers’ business upon request by the inspector.

Section 23. In a case where it is found that the committee fails to carry out

its business in accordance with an annual operating plan or carry out its business in a manner which is prone to cause damage or contrary to an objective of the Council of Engineers, an inspector shall notify the general meeting of the Council of Engineers or ordinary members as the inspector deems appropriate for consideration so as to take further action.

CHAPTER III Committee

Section 24. The committee of the Council of Engineers shall consist of: (1) ten committee members elected by ordinary members from the ordinary members who are not a faculty member of an institution of higher education of academic degree; (2) five committee members elected by ordinary members from the ordinary members who are a faculty member of an institution of higher education of academic degree;


8

(3) five committee members appointed by the Council of Ministers from the ordinary members whose names are proposed by the Minister. The election and appointment of the committee members under paragraph one shall take into consideration a proper ratio of the ordinary members from various controlled fields of engineering. Section 25. After the appointment and election of the committee members under section 24, the chancellor shall set the date of the meeting of the committee within thirty days, and the date shall be deemed as the first day of office of the committee members. Section 26. The committee shall select, from the committee members, the positions of President, First Vice-President, and Second Vice-President of the Council of Engineers. Subject to the committee’s approval, the President of the Council of Engineers shall select one committee member for each position of secretary-general and treasurer, and may select the committee members for holding offices in other positions as deemed necessary. Subject to the committee’s approval, the President of the Council of Engineers shall have the power to remove the secretary-general, treasurer, and other positions under paragraph two from the office. The term in office of the President, First Vice-President, and Second Vice-President of the Council of Engineers shall be in accordance with the term in office of the committee members so elected. When the President of the Council of Engineers is vacated from the office, the secretary-general, treasurer, and other positions under paragraph two shall be vacated as well. Section 27. A committee member shall have qualifications and not be under the prohibitions, as follows: (1) having been granted a licence at a professional engineer level for not less than ten years or having been granted a licence at a senior professional engineer level;

(2) never having his or her licence suspended or revoked; (3) not being bankrupt. Section 28. A committee member shall hold office for three years for each

term. The elected committee member shall not hold an office for more than two consecutive terms.


9

A committee member whose term ends shall remain in office until a new committee member has been appointed or elected.

Section 29. Besides from vacating office due to an expiration of the term, a

committee member shall vacate from office if: (1) the membership is terminated under section 14; (2) he or she is disqualified under section 27; (3) he or she resigns; (4) the Council of Engineers has a resolution, with two-thirds majority of the

members present, to dismiss the committee member; (5) more than half of all the elected positions of the committee members are

collectively vacated and the remaining term in office of the committee members are less than ninety days;

(6) the Minister, by an approval of the Council of Ministers instructs to remove him or her from office under section 69.

Section 30. If an elected committee member position is vacated prior to an

expiration of term in office, the committee shall select the member who is qualified under section 27, and section 24 (1) or (2), as the case may be, to replace as a committee member within thirty days from the date on which such committee member position has been vacated. If the remaining term in office of the committee member is less than ninety days, the committee has a choice whether or not to select a new committee member to replace him or her.

In a case where the positions of the committee member under paragraph one are vacated collectively more than half of all the elected committee members and the remaining term of the committee members is more than ninety days, a general meeting shall be held to elect the replacement for the vacated committee member positions.

The person so selected or elected shall be in office for the term equivalent to the remaining term of the person so replaced.

Section 31. When an appointed committee member position under section

24 (3) is vacated prior to an expiration of the term, a committee member shall be appointed to replace a vacated position within thirty days from the date of vacation. Nevertheless, if the remaining term of the committee member is less than ninety days, such replacement may or may not be made.

The person so appointed shall be in an office for the term equivalent to the remaining term of the person so replaced.


10

Section 32. The election of the committee members under section 24 (1) and (2), the selection of committee members for holding offices under section 26, and the selection or election of the committee members under section 30 shall be in accordance with the regulation of the Council of Engineers.

Section 33. The committee shall have the powers and duties, as follows: (1) to administer and operate in accordance with the objectives and

regulation of the Council of Engineers; (2) to supervise and bring a case against a person who acts in violation with

this Act; (3) to issue the committee’s rules on any matter falls within the committee’s

duties under this Act or as assigned by the general meeting of the Council of Engineers; (4) to determine an operation plan and budget of the Council of Engineers; (5) to make a decision on appeal which are filed by a licencee against the

decision of the ethics committee under section 62. Section 34. The President of the Council of Engineers, First Vice-President,

Second Vice-President, secretary-general, and treasurer shall have the powers and duties, as follows:

(1) the President of the Council of Engineers shall have the powers and duties as follows:

(a) to represent the Council of Engineers in any activity in connection with third persons;

(b) to chair the committee meeting and general meeting of the Council of Engineers;

(c) to carry out any business of the Council of Engineers in accordance with the committee’s resolution.

(2) the First Vice-President of the Council of Engineers shall assist the President of the Council of Engineers in any activity under the powers and duties of the President as assigned by him or her, and shall act on the President’s behalf in his or her absence or if the President is unable to perform his or her duties;

(3) the Second Vice-President of the Council of Engineers shall assist the President of the Council of Engineers in any activity under the powers and duties of the President as assigned by him or her, and shall act on the President’s behalf in the President and the First Vice-President’s absence or if they both are unable to perform the duties;

(4) the secretary-general shall have the powers and duties, as follow: (a) to control and command all levels of officials in the Council of

Engineers;


11

(b) to act as a secretary in committee meeting and the general meeting of the Council of Engineers;

(c) to carry out assignments given by the President of the Council of Engineers;

(5) the treasurer shall have the powers and duties to control, supervise, and be responsible for accounting, finance, and budget of the Council of Engineers.

The President of the Council of Engineers may assign the Vice-Presidents, committee members, secretary-general, treasurer or officials of the Council of Engineers to carry out any action on his or her behalf as prescribed in the regulation of the Council of Engineers.

CHAPTER IV Committee Operation

Section 35. A quorum of the committee meeting must be presented by no

less than half of a total number of the committee members. The President of the Council of Engineers shall preside over the meeting. In

case where the President of the Council of Engineers is absent from the meeting or unable to perform his or her duty, the Vice-President of the Council of Engineers acting on his or her behalf under section 34 shall preside over the meeting. If the President and the Vice-President are absent from the meeting or unable to perform their duties, the committee members presented shall select one committee member to preside over the meeting.

A resolution of the meeting shall be decided by a majority voting. Each committee member shall have one vote. In a case of equal votes, the chairperson of the meeting shall be entitled to an additional vote so as to decide the matter.

In case of the revocation of membership under section 14 (3), the resolution of the meeting shall require no less than two-thirds of the votes of the committee members present.

Section 36. The chancellor may attend a meeting and give explanation or

express an opinion in the committee meeting or express an opinion in writing to be submitted to the Council of Engineers in any matter.

Section 37. In carrying out its business, the committee shall set out an

annual operating plan and budget, and propose them to the general meeting of the Council of Engineers. Upon an approval by the meeting, such plan and budget can then be carried out.


12

Within one hundred and twenty days from the date at the end of the calendar year, the committee shall make an annual report demonstrating works of the committee carried out in the previous year, and shall present explanation of policies together with a balance sheet and an account of earnings and expenses certified by a legal auditor under the law on certified public accountant to the general meeting of the Council of Engineers.

Section 38. The committee may appoint a subcommittee to consider or

carry out any matter on its behalf. A meeting of the subcommittee shall be in accordance with the rule of the

committee. Section 39. The Office of the Council of Engineers shall be established to

perform all of the administrative duties for the committee and the Council of Engineers. Section 40. The President of the Council of Engineers shall appoint a chief of

the Office of the Council of Engineers in accordance with the committee’s resolution from the persons having qualifications and not being under the prohibitions as follows:

(1) being of Thai nationality; (2) being not less than thirty years of age; (3) not being bankrupt, unsound mind or incompetent or quasi incompetent; (4) not having been sentenced, by a final judgment, to imprisonment except

for an offence committed through negligence or a petty offence; (5) any other qualifications prescribed by the committee. Section 41. Holding of office, vacation of office, determination of wages and

other conditions of employment in a position of a chief of the Office of the Council of Engineers shall be in accordance with an employment contract prescribed by the Council of Engineers.

Section 42. A chief of the Office of the Council of Engineers shall have the

powers and duties as follows: (1) to control and be responsible for general administrative works of the

Council of Engineers; (2) to oversee and keep the registers of members, registers of licencees, and

other registers of the Council of Engineers; (3) to control and supervise properties of the Council of Engineers;


13

(4) to carry out any other activities as assigned by the committee or the secretary-general.

CHAPTER V

Regulation of the Council of Engineers

Section 43. A draft regulation of the Council of Engineers may be solely

proposed by the committee or the ordinary members. A proposal of the draft regulation of the Council of Engineers by the ordinary

members shall be allowed provided that such proposal is supported by not less than one hundred ordinary members.

The committee shall hold a general meeting of the Council of Engineers to consider the proposed draft regulation of the Council of Engineers as deemed appropriate. The consideration of such draft regulation shall not be proposed as a provisional agenda, but shall be clearly set out as an agenda item in a notice of the meeting. The proposed draft regulation shall be attached to such notice.

Section 44. When the general meeting of the Council of Engineers resolves

to give an approval to the draft regulation of the Council of Engineers with not less than half of the votes of the ordinary members present at the meeting, the President of the Council of Engineers shall propose the draft regulation to the chancellor without delay. The chancellor may withhold such draft regulation provided that a clear reason is given. In a case where the chancellor does not withhold within thirty days from the receiving date of such draft regulation proposed by the President of the Council of Engineers, it is deemed that such draft regulation is approved by the chancellor.

If the chancellor has withheld any draft regulation, the committee shall hold another meeting within thirty days from the date on which it is withheld. At the latter meeting, such draft regulation shall be deemed to have been approved by the chancellor if the resolution is confirmed with not less than two-thirds of the total number of the committee members.


14

CHAPTER VI Control of the Practicing of Engineering profession

Section 45. No person shall practice the controlled engineering profession or

mislead another person in any way into understanding that he or she is ready to practice in any field of controlled engineering profession unless he or she is licenced in that field by the Council of Engineers. Section 46. Practitioners in the controlled engineering profession of each field are categorized into four levels as follows: (1) senior professional engineer; (2) professional engineer; (3) associate engineer; (4) adjunct engineer. The criteria and qualifications of the controlled engineering profession in each category shall be as prescribed in the regulation of the Council of Engineers. Section 47. No person shall be allowed to use word or phrase that might mislead another person into understanding that he or she has the knowledge and expertise in practicing the controlled engineering profession. This shall include employing, hiring, or allowing another person to commit such action on his or her behalf unless he or she has received a certificate of proficiency or a written approval certifying that he or she has the knowledge and expertise in practicing in that field of engineering profession by the Council of Engineers or the institutions certified by the Council of Engineers or a licencee who has qualifications in accordance with the prescribed regulation of the Council of Engineers. Section 48. Issuance of licence, term of licence, suspension of licence, revocation of licence, and certification of knowledge and expertise in practicing the controlled engineering profession shall be as prescribed in the regulation of the Council of Engineers. Section 49. An applicant shall have qualifications and not be under the prohibitions as prescribed in the regulation of the Council of Engineers. The applicant who is a natural person shall be an ordinary member or extraordinary member of the Council of Engineers and a licence shall be terminated upon the termination of his or her membership.


15

The applicant who is a juridical person, regardless of the amount of capital held by foreigner, shall at least have qualifications, as follows: (1) having a principal office in the Kingdom of Thailand; (2) at least half of the total number of partners in a partnership, directors of a company, or members in a management team of a juridical person; or a managing partner of the partnership, managing director of the company, or a sole executive of the juridical person, are licenced under this Act. Section 50. A licencee shall behave in accordance with the ethics of the engineering profession as prescribed in the regulation of the Council of Engineers. Section 51. Any person who incurs damage or encounters any violation of the ethics of the engineering profession by a licencee shall be entitled to file an allegation against such licencee by submitting it to the Council of Engineers. A committee member or any person shall be entitled to make an accusation against the controlled engineering profession practitioner regarding a violation of the ethics of the controlled engineering profession by submitting a case to the Council of Engineers. A right to file the allegation under paragraph one or a right to make the accusation under paragraph two shall be expired after one year from the date on which such violation of the ethics of the engineering profession and the offender have become known. A withdrawal of the submitted allegation or accusation shall not prevent further actions under this Act. Section 52. When the Council of Engineers receives an allegation or accusation under section 51, the secretary-general shall take the case to the ethics committee without delay. Section 53. There shall be an ethics committee consisting of one president and other ethics committee members the number of which as prescribed by the committee but in total shall not be less than three persons. The committee shall appoint the ethics committee members in accordance with the resolution of the general meeting of the Council of Engineers from the persons who have qualifications as follows: (1) having experience in practicing controlled engineering profession for not less than ten years; (2) having never been punished for a violation of ethics.


16

Section 54. The term of an ethics committee member shall be three years, and he or she may be reappointed afterwards but shall not hold the position for more than two consecutive terms. The ethics committee member who vacates office upon the expiration of the term shall remain in office to continue the duties until a new ethics committee member is appointed. Section 55. Apart from vacating of office upon the expiration of the term, an ethics committee member shall be vacated upon: (1) resignation; (2) termination of membership under section 14; (3) disqualification under section 53 paragraph two; (4) dismissal by the Council of Engineers’ resolution with no less than two-thirds of votes from the members present at the meeting. Section 56. When an ethics committee member position is vacated prior to the expiration of the term in office, the committee shall appoint someone to take the vacated position. If the remaining term in office of such ethics committee member is less than ninety days, the committee may or may not appoint anyone to take the vacated position. The ethics committee member so appointed shall be in the office for the term equivalent to the remaining term of the ethics committee member so replaced. Section 57. The ethics committee shall have the powers and duties to consider and make a decision upon an allegation of violation against the engineering profession ethics by a licencee. The procedures of consideration and decision making of the ethics committee shall be in accordance with the rules of the committee. Section 58. The ethics committee may appoint a subcommittee for considering or operating any matter on its behalf. The operation of the subcommittee under paragraph one shall be in accordance with the rules of the committee. Section 59. In performing duties of the ethics committee and the subcommittee so appointed, such ethics committee and subcommittee shall have the power to issue an order in writing to any person concerned to give testimony or submit any document or object for its consideration. However, if such order is issued to the person who


17

is not a licencee, permission from the chancellor or a person assigned by the chancellor must be granted prior to the issuance of the order. In performing duties under this Act, the ethics committee member or subcommittee member shall be an official under the Criminal Code. Section 60. The president of the ethics committee shall notify in writing of an allegation or accusation and send a copy of such allegation or accusation to the alleged or accused licencee not less than fifteen days prior to the commencement of hearing. The alleged or accused person shall be entitled to give explanation or submit any evidence to the ethics committee or subcommittee appointed by the ethics committee within fifteen days from the date on which he or she is notified by the president of the ethics committee or within a given time period prescribed by the ethics committee. Section 61. The ethics committee shall have the power to make one of the following decisions: (1) to dismiss an allegation; (2) to issue a warning; (3) to put on probation; (4) to suspend a licence for a period deemed appropriate but not exceeding five years; (5) to revoke a licence. Section 62. Any licencee on whom the ethics committee has made a decision under section 61 (2) (3) (4) or (5) may appeal the decision to the committee within thirty days from the date on which he or she has been notified of such decision. An appeal shall be in accordance with the criteria and procedure prescribed in the regulation of the Council of Engineers. The decision of the committee shall be made in the form of a Council of Engineers’ order together with a ground for making such decision and shall be deemed final. Section 63. A licencee whose licence is suspended shall not use someone else’s licence to practice the controlled engineering profession or represent in any manner to mislead another person into understanding that he or she has a right or is ready to practice in the controlled engineering profession from the date on which he or she has known of the Council of Engineers’ order to suspend his or her licence.


18

Section 64. If any licencee whose licence is suspended acts in violation of section 63, the Council of Engineers shall revoke his or her licence from the date on which a court has made a final judgment. Section 65. A licencee whose licence has been revoked shall be ineligible to reapply for a licence until five years have passed from the date of the revocation. In a case where a juridical person’s licence has been revoked, it shall result in a revocation of the licence of the partner of the partnership, the director of the company, the executive of the juridical person, and the official or employee of the partnership or company or juridical person who are involved in actions leading to the revocation of the licence in the partnership, company, or juridical person. Such person shall be under the prohibition to become a partner of a partnership, a director in a company, or an executive of a juridical person licenced under this Act until five years have passed from the date of the revocation.

CHAPTER VII Supervision

Section 66. The Minister shall have the powers and duties, as follows: (1) to supervise an operation of the Council of Engineers and the practice of the controlled engineering profession; (2) to order a competent official to investigate a fact regarding the operation of the Council of Engineers and the practice of the controlled engineering profession; (3) to order in writing to the committee members to give explanation regarding business of the Council of Engineers and may request documents relating to the operation or the minutes of committee meetings; (4) to order in writing to the Council of Engineers that any actions which are in contradiction with an objective of the Council of Engineers, law, or the regulation of the Council of Engineers be restrained or corrected. Section 67. In order to comply with an order of the Minister under section 66, a competent official shall have the power to issue an order in writing that a testimony be given by any person concerned or any document or object be submitted for consideration. In addition, the competent official shall have the power to enter an office of the Council of Engineers or a controlled engineering profession’s place of business during office hours to inspect document or evidence; or to order that an explanation be given by


19

any person concerned as per the competent official request. The competent official shall be an official under the Criminal Code. In an execution of the competent official’s power under paragraph one, the person concerned shall provide convenience as proper. Section 68. In the execution of the competent official’s duty, an identification card shall be displayed to any person concerned. The identification card of the competent official shall be in accordance with a form determined by the Minister and published in the Government Gazette. Section 69. If it is found that the Council of Engineers fails to comply with the order of the Minister under section 66 or any circumstances demonstrating that the committee, the President of the Council of Engineers, or any committee member has acted in contradiction with an objective of the Council of Engineers or acted in any manner that bring about grave disgrace to the Council of Engineers, the Minister by an approval of the Council of Ministers shall have the power to order such committee, President of the Council of Engineers, or committee member to be vacated from office. In a case where the Minister is to issue an order under paragraph one, the Minister shall appoint five ordinary members to be on an investigation committee. The investigation committee must complete an investigation with urgency and submit an investigation case file together with its opinion to the Minister for consideration and making order. The order of the Minister shall be final. Section 70. In a case where the Minister has issued an order under section 69 to vacate all the committee members of the Council of Engineers from their office, the Minister shall appoint persons from ordinary members of the Council of Engineers to be temporary committee members replacing the vacated committee members, the number of which shall be equivalent to that is allowed under section 24, on the same date the Minister issues an order to vacate the office. The temporary committee members under paragraph one shall have the power to perform their duties as necessary and shall operate within thirty days from the date on which the Minister has issued an order of appointing temporary committee members so as to have an election and appointment of the new committee members under section 24. After the new committee members take up their office, the temporary committee members appointed by the Minister shall vacate from the office.


20

CHAPTER VIII Penalty

Section 71. Any person who violates section 45 or section 63 shall be liable to imprisonment for a term not exceeding three years or to be fined not more than sixty thousand baht, or both. Section 72. Any person who violates section 47 shall be liable to imprisonment for a term not exceeding one year or to be fined not more than twenty thousand baht, or both. Section 73. Any person who fails to comply with the order of the ethics committee or subcommittee under section 59, or the order of the competent official under section 67 shall be liable to imprisonment for a term not exceeding one month or to be fined not more than one thousand baht, or both. Section 74. In a case where an offender under this Act is a juridical person, the partner of the partnership, the director of the company, the representative of the juridical person or any person involved in the commission of such offence shall be liable as a co-offender, instigator, or supporter in the commission of such offence, as the case may be, and shall be liable to the punishment as prescribed for that offence. The juridical person shall be liable to be fined not more than ten times of the fine prescribed for that offence.

Transitory Provision

Section 75. The committee controlling the practice of engineering profession under the Engineering Profession Act B.E. 2505 (1962) shall perform the duty of the committee under this Act in the interim until the committee under section 24 is established and shall have the power to issue regulation of the Council of Engineers under section 8 (6) as necessary for temporary enforcement. Such regulation shall be in force until an amendment of such regulation. The provision in section 43 and section 44 shall not hereby apply. The Office of Kor Wor under the Engineering Profession Act B.E. 2505 (1962) shall perform a duty as the Office of the Council of Engineers under section 39 and the Kor Wor registrar under the Engineering Profession Act B.E. 2505 (1962) shall temporarily perform a duty as the chief of the Office of the Council of Engineers under section 42 until the


21

Council of Engineers has its personnel to perform that duty. However, that period shall not exceed one hundred and eighty days from the date of the commencement of term in office of the committee under section 25. An election and appointment of the committee members under section 24 shall be completed within one hundred and eighty days from the date this Act has come into force. Section 76. A licencee of the controlled engineering profession practitioner in the type of associate engineer, professional engineer, and senior professional engineer under the Engineering Profession Act B.E. 2505 (1962) on the date which this Act is published in the Government Gazette shall be an ordinary member of the Council of Engineers under this Act. A licencee of the controlled engineering profession in the type of special licence under the Engineering Profession Act B.E. 2505 (1962) on the date which this Act is published in the Government Gazette shall be an extraordinary member of the Council of Engineers under this Act. After an expiration of the time period specified in the licence or after two years from the date this Act has come into force, whichever period is longer, the membership under paragraph one and paragraph two shall be expired unless such licencee applies and is granted a membership of the Council of Engineers in accordance with this Act. An academic degree or a certificate from a curricula and education institution certified by the committee controlling the practice of the engineering profession under the Engineering Profession Act, B.E. 2505 (1962) shall be deemed as an academic degree or certificate certified by the Council of Engineers under section 8 (3). Section 77. A licencee of the controlled engineering profession practitioner in the type of senior professional engineer, professional engineer, associate engineer, or special licencee under the Engineering Profession Act B.E. 2505 (1962) whose licence is valid on the date which this Act is published in the Government Gazette shall be a licencee to practice the controlled engineering profession in the level of senior professional engineer, professional engineer, associate engineer, or adjunct engineer under this Act, as the case may be. For the purpose of section 27 (1), the time period licenced to be a controlled engineering profession practitioner in the type of professional engineer under the Engineering Profession Act B.E. 2505 (1962) shall be deemed as the time period licenced in the level of professional engineer under this Act.


22

Section 78. An application for a licence which has already submitted prior to the date of enforcement of this Act shall continue to proceed until completion, and shall be deemed as the proceeding executed under this Act. However, this proceeding must be completed within two hundred and forty days from the date this Act has come into force. Should such time period exceeds, the proceeding shall be executed in accordance with this Act. Any person licenced under the previous paragraph shall be deemed as an ordinary member or extraordinary member of the Council of Engineers under section 76 mutatis mutandis. Section 79. While the Ministerial Regulation, regulation, rules, or notification for the execution of this Act has not yet been issued, the Ministerial Regulation, regulation, rule, or notification issued under the Engineering Profession Act B.E. 2505 (1962) shall apply mutatis mutandis. Section 80. Any violation of ethics or terms and conditions in the practice of the controlled engineering profession under the Engineering Profession Act B.E. 2505 (1962) committed prior to the date of enforcement of this Act and where no action under the Engineering Profession B.E. 2505 (1962) has been taken, shall be deemed as a violation of the ethics of engineering profession under this Act and further proceeding shall be in accordance with this Act. In a case where action has been taken against the offender of ethics or terms and conditions in the practice of the controlled engineering profession committed prior to the date of enforcement of this Act, such action shall be deemed as the action taken under this Act and shall further proceed in accordance with this Act. Countersigned by: Mr. Chuan Leekpai Prime Minister


23

Schedule of Fees (1) Expense for a licence of the controlled engineering profession practitioner as a natural person: (a) senior professional engineer level 10,000 Baht (b) professional engineer level 7,500 Baht (c) associate engineer level 5,000 Baht (d) adjunct engineer level 5,000 Baht Juridical person: Expense for a licence of juridical person 100,000 Baht (2) Expense for a renewal of licence for the controlled engineering profession practitioner submitted prior to an expiration of licence: Natural Person: (a) senior professional engineer level 3,000 Baht (b) professional engineer level 2,000 Baht (c) associate engineer level 1,000 Baht (d) adjunct engineer level 1,000 Baht If the renewal is submitted after the expiration of licence, an extra fee shall be charged 2,000 Baht Juridical Person: (a) expense for renewal of licence for juridical person submitted prior to the expiration of licence 30,000 Baht (b) expense for renewal of licence for juridical person submitted after the expiration of licence 50,000 Baht (3) Expense for a written certificate of knowledge and expertise in practicing the controlled engineering profession 10,000 Baht (4) Expense for a copy of licence or evidence certifying the grant of licence Natural person 500 Baht Juridical person 5,000 Baht (5) Expense for an examination of knowledge in the practice of controlled engineering profession 2,000 Baht

Documents

ENGINEER ACT B.E. 2542 1999210.246.148.76/thaiquest/getFileProxy/comment.aspx... · the profession’s esteem as prescribed in the regulation of the Council of Engineers; DISCLAIMER