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8/2/2019 Engineers Bill
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ENGINEERS BILLMr. Altaf U. Batliwala
Many of you must have read a write-up under the title Like CAs, engineers may have to
register published in the Times of India, Delhi on 01 December 2009. It says -
HRD Ministry has mooted the Engineers Bill, 2009, that stipulates mandatoryregistration/certification of professional engineers. The Bill also proposes setting up the
Indian Council of Engineers that will maintain a national and international register of
professional engineers and associate professional engineers and will regulate the engineering
profession.
Prepared by HRD Ministrys Technical Bureau, the Cabinet note for the Bill is being
circulated for inter-ministerial consultation. The Cabinet note says regulating engineers will
lead to public accountability and innovation in the profession. It claims that creating such a
register will help Indian engineers globally and create certified quality standards. An official
said, It is not fair to say that all engineers come out with same kind of capability. There are
many engineering colleges churning out poor quality engineers.
Some of you might also have read the write-up in the 17 January 2010 issue of the Deccan
Chronicle under the title Engineers may soon need license under HRD law. It says -
In an effort to regulate the engineering profession and provide licenses to practicing
engineers, the Union Human Resource Development Ministry has prepared a Bill to set up a
Council of Engineers.
The Ministry aims to set up the Council, which will have statutory status, for the presently
unregulated sector in the country.
Official sources stated the Bill which had been sent for inter-ministry discussions is soon likely
to be put before the Union Cabinet for its approval.
Students passing out from government and private engineering institutions will have to get
registered with the proposed Council for practicing as engineers.
The importance of the proposed body can be gauged from the fact that the country produces
approximately five lakh engineering graduates every year.
Official sources stated that the HRD Ministry has proposed a status similar to that of Bar
Council of India and ICWAI which are performing regulatory functions for lawyers and
Chartered Accountants in the country, respectively.
The Bill, part of the HRD Minister, Mr Kapil Sibal's education reform process, is expected to
be introduced in Parliament during the forthcoming Budget Session. Sources stated the
Council will function as a regulatory body for engineers.
The Council has been proposed with an aim to streamline the quality of engineers in the
country. The proposed body will also maintain a database of engineers in the country,"
sources stated.
The Council has been proposed after the HRD Ministry received request of various.
engineering associations for regulation of the profession. Though the proposal to regulate the
engineering profession had first been mooted in mid-1990s, so far, no law had been proposed
for their regulation.
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These are perhaps those rare occasions when Engineers received some media coverage. This
also calls for a review of the progress made (at snails pace) by the Engineers Bill after
painstaking efforts of about a quarter of a Century.
It was way back in 1970 that the Barve Committee set up by the Planning Commission had
identified the need to fulfill the two essential requirements - Statutory Recognition of the
Profession of Engineering and Registration of Engineers for proper growth and development
of the Engineering profession in the country.
Without statutory recognition backed by an Act of the Parliament, the Engineering Profession
does not have a legal status. Without statutory registration of engineers the Government does
not fully discharge its responsibility to safeguard the society from hazards of unsafe and
improperly engineered facilities.
In order to meet these essential requirements, the Association of Consulting Engineers (India),
ACE(I), prepared draft of an Engineers Bill and approached Shri Raj Mangal Pandey, the then
Minister of HRD, with the request to get it enacted. The Minister instructed his Ministry to
examine it.
Under instructions of the HRD Ministry, Dr S A A Alvi, Additional Secretary of AICTE
started processing the Bill, and had several meetings with representatives of ACE(I). Later,
this task was taken up by Dr S D Awale, Joint Education Adviser of HRD Ministry who also
had a series of meetings with ACE(I). Both Dr Alvi and Dr Awale were convinced of the
necessity of such a legislation, but did not make any definite recommendation.
Finally, out of desperation, ACE(I) filed a Public Interest Litigation (PIL) in the Delhi High
Court on 10th
December 1996 against HRD Ministry for enactment of the Bill.
After a number of hearings, HRD Ministry acknowledged the urgent need for such legislationbut stated that before initiating action; the Ministry would like to have a consensus of all the
professional engineering associations on this issue. This consensus was finally arrived at later
in the year 2000, when 24 engineering associations, including IE(I), met and unanimously
decided to form Engineering Council of India (ECI) with the specific objective of
Registration of Professional Engineers and Consulting Engineers, and initiation of the
process of enactment of the Engineers Bill. ECI was formed on 04 April 2002.
In May 2003, a new Engineers Bill was drafted by ECI. It was circulated to all member
associations and their consent was obtained. After approval by all member associations this
Bill was submitted to the HRD Ministry in 2004.
Subsequently, IE(I) dissociated itself from this Bill, withdrew from membership of ECI and
submitted its own draft Engineers Bill to HRD Ministry. The Ministry thereafter appointed a
committee under Mr D P Agrawal to evolve a consensus draft. In 2005-2006, another
committee under Mr R V Shahi was constituted to resolve the issue with IE(I) and evolve a
final consensus draft. During April-September 2007 a number of meetings of this committee
were held. Ultimately, On 12 September 2007, final Consensus Draft Bill was ready for
processing by the HRD Ministry.
ECI has been following it up since then with the Ministry. It is understood that the draft
Cabinet Note has been circulated by the HRD Ministry to other concerned Ministries. After
Cabinet approval, the Bill will be placed before the Parliament. The indications are that after
consistent and persistent efforts of over 25 years, the Engineers Bill may be enacted in the near
future. The entire Engineering fraternity anxiously looks forward to its enactment.
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The need to regulate engineering profession was
never in doubt. However, the modalities and
authority to effect the regulation could not be
decided. A PIL in Delhi High Court in early 90s
to bring in an Engineers Act was rejected, as there
was no unanimity within the profession to enact
a law for regulation of engineering profession.
IEI, the leading professional Institution of
engineers, took initiative in late 90s. This had
the bearing of globalisation of economy and the
role of engineers that had become still more
important under the WTO regime, with India
being one of the signatories. Earthquake of 26
Jan 01 added urgency to the need when the
necessity of regulation for accountability of
engineering profession came to forefront.
Since IEI alone could not have pioneered
enactment of the law due to multiplicity of
engineering professional organisations, an effort
was made in Oct 2000 to bring all professional
bodies together and during a meeting of a large
number of professional engineering bodies at
Delhi, it was decided that engineers should be
registered for regulation and all Institutions wouldwork jointly under the leadership of IEI . This
arrangement was given a practical shape and
resulted in first draft of Engineers Bill, which was
submitted to Ministry of Human Resource
Development (MHRD) in Apr 02. The draft
provided for registering of engineers with defined
qualification and experience.
IEI, however, after obtaining Provisional
Membership of Engineers Mobility Forum (EMF)
in Jun 03, modified the original draft EngineersBill to reflect international requirements and
submitted the revised draft to MHRD on 31 Mar
04. The Engineering Council of India (ECI) which
had come in to existence in Mar 02 also prepared
a draft Bill which however did not meet the
expectations on the following grounds :
(a) It did not recognize AMIEs and similar
graduates of other professional bodies as
eligible to become Professional Engineers
and thus registered.
Background Paper
ENGINEERS BILL
(b) It wanted to convert itself into a statutory
authority to register the Professional
Engineers under the Act.
Extensive efforts and interactions amongst the
stake holders continued to arrive at appropriate
draft of Engineers Bill. MHRD also appointed a
Drafting Committee, which too could not finalise
the draft due to wide differences of opinions
amongst the constituents of the Committee.
It is important to note that all the drafts prepared
by any organization ti l l this t ime aimed at
registering the Professional Engineers and not the
engineers at large. A Professional Engineer isdefined as a person holding recognized graduate
level degree in engineering with specif ied
experience in years and quality. During the
extensive discussions in different quarters with
professional institutions, administrators, MPs,
Ministers, educationalists, etc. it emerged that the
proposed Draft Bill which aimed at registering the
Professional Engineers, as is done in different
countries, would not serve the purpose of
regulating the engineering profession as a whole.
Registering of Professional Engineers alone wouldalso create a small group of elite engineers with
the privileges of certifying the engineering design
etc. depriving other engineers of professional work
which was already been done by capable and
experienced engineers. Such exclusive authority
would also infringe on dozens of Central and State
Acts, which define Engineer for differe nt
purposes. The extensive consultative process
addressed the following questions :
(i) Whether India needs an Engineers Act in linewith the Acts of developed countries where
such Acts have been followed since long and
all the systems are in place.
(ii) Whether the 85% of engineers graduating
every year and getting absorbed in local jobs
will be adversely affected due to exclusive
registration of Professional Engineers on lines
of other countries.
(iii) Whether the cutting age of Indian engineers
in the knowledge economy already in greatdemand shal l be ful ly protected and
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promoted in tune with demands of the 21st
Century.
(iv) Whether the number of Central and State
Acts that already exist can be integrated
within the proposed Engineers Act.
A common opinion emerged that India should not
copy other countries in restricting professional
practice to selected engineers thereby depriving
professional practice opportunities to a large
number of engineers already in practice and those
who would join the main stream of profession in
future. A strong view also emerged that the
Engineers Bill should follow pattern of the existing
Acts for Architectures, Doctors, Char tered
Accountants and Cost Accountants etc. Armed
with these opinions, IEI engaged in extensive
consultation with different professional institutionsof engineers. The professional institutions finally
debated and approved a consensus draft in May
07. The professional institutions and organizations
involved in finalization of the draft include
Consulting Engineers Association of India, Indian
Railways, Indian Army, CPWD, NBA, AICTE,
Aeronautical Society of Ind ia , Ins titution of
Surveyors, Indian Institute of Chemical Engineers,
L&T, , Institution of Mechanical Engineers,
Institution of Electrical Engineers, Institution of
Marine Engineers, Institution of Electronics andTelecommunication Engineers, The Institution of
Engineers (India), etc. The consensus draft Bill
under the leadership of Shri R V Shahi, Former
Union Secretary of Power, on behalf of the
stakeholders has been submitted to MHRD. The
Ministry has held consultative meetings and is in
the process of completing the necessary formalities
required before introduction of the Bill in the
Parliament. The process, however, has been slow
and needs expediting.
The main features of the Bill are as below :
(a) Registrat ion shal l be mandatory for al l
engineers holding engineering graduation
level degree (including graduates of
professional institutions) who wish to
practise engineering.
(b) There i s no requ irement of min imum
experience.
(c) The Reg is te red Eng ineer sha ll be
accountable for his professional conduct and
subject to discrepancy action including
deregistration in case of violation of Code
of Ethics.
(d) Title Engineer (Er) can be used only by the
registered engineers.
(e) Initial registration is for five years. Renewalof Registration shall be done based upon
continuous involvement in the engineering
profession and having achieved defined
level of Continuous Professional
Development (CPD). Measurable CPD can
be achieved by writing / presenting technical
papers, attending seminars, training
(receiving / imparting) etc.
(f) A Statutory Body (the Council) shall register
the engineers. However, actual assessment
of registration shall be done by the identified
professional institutions of engineers under
delegated authority of the Council.
(g) Professional Engineers certification not be
the part of the proposed Act. Certification
of Professional Engineer, being a third party
quality certification, shall continue to be
voluntary for eligible engineers.
Advantages of the proposed Bill :
(a) The reg is tra tion o f al l, who pract iseengineering, shall regulate the practice of
engineering and engineers.
(b) The reg is te red engineers shal l be
accountable for their professional conduct.
(c) With emphasis on CPD for renewal of
registration, the general level of professional
knowledge amongst the engineers would
improve and they would remain updated.
(d) Exc lusive t it le o f Er wou ld provideexclusivity to the engineers.
(e) Engineering as a p ro fes sion wi ll ge t
recognition in official parlance.
(f) Engineers as a body shall have the voice of
their own through this channel.
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Technology is visualized to play a key role in
sustainable socio-economic development. Efficient
use of resources physical, financial and human will be a determining factor in raising the rate of
growth. It has to be ensured that activities of
engineering and technology are performed by
competent persons upholding professional ethics.
Engineers and technologists are expected to take
decisions with due professional integrity. It is
necessary for the purpose to properly regulate the
practice of engineering by an Act of the Parliament
to protect public interest, and ensure safety and
welfare of the peop le . For regula tion of the
engineering profession, as mandated in this Bill, aseparate Statutory Authority will be set up that shall
lay down, from time-to-time, specifications for
competency in professional practice and shall have
the mandate for recognition of this competency
through a process of registration and renewal keeping
in view the need for Continuous Professional
Development (CPD).
Recognising that the engineering education and
engineering practice systems in the country have a
vast spread and are growing at a rapid pace and that
the AICTE and other professional Institutions e.g. theInstitution of Engineers (India) and various other
professional societies and organizations are currently
involved in improving and/or regulating the quality
of education, training, research, and professional
practice in engineering and technologies, it is the
intent of the Legislature to co-ordinate the activities
of all such organizations, to promote co-operative
links among them, and to give them the necessary
authority for enforcing a common code of ethics.
Recognising that professional societies alone are
competent to decide on the professional ability,competence and ethical values required for
performing professional duties and activities in their
individual professions, it is the intent of the Legislature
to utilise their knowledge and experience in regulating
the profession by laying down norms of professional
conduct and taking appropriate penal action against
failure to follow them.
CHAPTER I
PRELIMINARY
Preamble
An Act to prescribe for the process of registration of
engineers, to enforce their professional conduct, and
to constitute Council of Engineers with the
ENGINEERS BILL 2007
STATEMENT OF OBJECTS
responsibility to oversee registration, renewal of
registration and its termination etc.
1. SHORT TITLE, EXTENT ANDCOMMENCEMENT
1.1 This Act shall be called the Engineers Act,
2007.
1.2 It shall extend to the whole of India except for
the State of Jammu & Kashmir.
1.3 It shall come into force on such date as the
Central Government may, by a notification in
the official Gazette, appoint.
2. GENERAL PROVISIONS, AIMS ANDPURPOSE
2.1 The Act seeks to ensure that engineering
activities are performed by qualified persons
and in a manner which facilitates sustainable
development and ensure safety and welfare of
the people.
2.2 The Act seeks to ensure that all concerned are
able to identify those duly authorized to
practice and for this purpose to specify the
minimum educational qualifications of such a
person to register him as an Engineer andenable him to use the title of Engineer (Er.)
Prefixed to his name.
2.3 The Act seeks to set up a mechanism for laying
down the norms of professional conduct and
for taking appropriate action in cases of their
violation.
3. DEFINITIONS
In this Act, unless the context otherwise
requires:
3.1 Certi f icate of Registration means the
certificate issued by the Indian Council of
Engineers granting the privilege of practicing
as a Registered Engineer.
3.2 Chairman means Chairman of the Council.
3.3 Engineer, means a person who holds a
graduate degree or equivalent in engineering
or technology from a recognized University/
Deemed University or an AICTE recognized
institution, or qualification recognized by State
or Union Government or has acquiredqualifications recognized by the Government
of India as equivalent.
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3.4 Indian Council of Engineers, means the body
constituted by Section 4 of this Act.
3.5 Nodal Ministry means Ministry of Human
Resources Development (MHRD) of the
Government of India.
3.6 Practice means any service or creative work,
adequate performance of which requiresengineering and technology education, training
and experience in the application of special
knowledge of mathematical, physical and
engineering sciences to such service. The
service shall make an effective use of natural,
financial and human resources. It includes,
but is not limited to consultation, studies,
investigations, evaluation, conceptualization,
planning, design, execution and supervision/
management of engineering projects and
systems, operation and management ofmanufacturing and allied units and other
systems. Teaching along with research/
consultancy in any engineering discipline in an
academic Institution or Research Organization
shall be considered as part of practice;
3.7 Registered Engineer means an Engineer who
has been duly registered under this Act.
3.8 Registering Institution means a professional
institution which is authorized by the Council
to issue registration of engineers on behalf of
the Council as per provisions of this Act.
3.9. Regulation means a regulation made under
this Act by the Council;
3.10 Rule means a rule made under this Act by
the Central Government;
3.11 Secretary General means the person
appointed as the Secretary General of the
Council.
CHAPTER II
INDIAN COUNCIL OF ENGINEERS
4. CONSTITUTION OF INDIAN COUNCIL
OF ENGINEERS
4.1 The Central Government shall , by a
notification in the official Gazette, constitute,
with effect from such date as may be specified
in the notification, a statutory Council to be
known as Indian Council of Engineers
(hereinafter called Council), which shall be a
body corporate, having perpetual succession
and a common seal with power to acquire, holdand dispose off properties, both movable and
immovable, and to contract and may by that
name sue or be sued.
4.2 The Head Office of the Council shall be in the
National Capital Region
5. POWERS AND FUNCTIONS OF THE
COUNCIL
5.1 Council will work for advancing the science
and practice of engineering and technology in
the country; identifying the crucial role ofengineers in society; registering Engineers and
laying down appropriate norms of professional
conduct and taking appropriate action against
violations thereof.
5.2 Towards the attainment of specific objects and
functions stated in sub-section 5.1, the Council
shall exercise following powers :
(i) To standardize criteria and procedures to be
adopted for according the status of Registered
Engineer in India and for his continuous
professional development.
(ii) To establish a Code of Conduct for Registered
Engineers for adoption and to evolve
appropriate strategy for its enforcement.
(iii) To perform any or all other acts, deeds and
things, as may be necessary to achieve the
main objectives of developing and enhancing
the image of the engineering profession in India
and abroad.
5.3. The Council shall operationalise registration
through professional institutions functioning
under delegated authority of the Council as
per regulation made by the Council.
Specific functions of the Council are given
below:
5.3.1. Functions of Council
The functions of the Council shall be to:
a) Develop and approve the Regulations to
implement various provisions of this Act.
b) Give direction to registering institutions on
issues referred to it either by them or by the
Central Government or on its own.
c) Hear appeals against the decisions of the
institutions carrying out the function of
registration in accordance with the norms
specified under registration of Registered
Engineers requirements.
d) Review and report to the Nodal Ministry on
the performance of the Council, for its
functions and powers under this Act.
(e) Discharge such functions considered necessary
for furtherance of its objectives.
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5.3.2 Executive Committee and other
Committees of the Council.
The Council shall constitute from amongst its
members an Executive Committee, and may
also constitute other Committees for such
general or other purposes as the Council deems
necessary to carry out its function under the
Act. Executive Committee shall consist of the
Chairman and fourteen other members who
shall be elected by the Council from amongst
its members. The Chairman of the Council will
be the Chairman of the Executive Committee.
The Secretary General will be the Secretary to
the Executive Committee.
The Membership, other than the Chairman, shall be
constituted as follows:
(i) Nominee Member of Nodal Ministry
(ii) Nominated members by the Council one
from statutory bodies, one from states and one
from academic institutions.
(iii) Ten elected members from amongst the
Council Members.
5.4. Registration of Engineers
The Council shall have the power to register a
qualified engineer as Registered Engineer. The
person shall be eligible on payment of such
fee as may be prescribed by Regulations to
have his name entered in the register.
(a) Holds a recognized degree level qualification
in engineering
(b) Signs an undertaking to comply with the Code
of Conduct prescribed by the Council.
(c) Undertakes to ful fi l the requirement of
continuous professional development.
5.4.1.The Registered Engineer shall be obliged to
mention his registration number on all official
documents which he certifies and affixes hissignatures as Registered Engineer
5.4.2. Registration of an engineer shall be compulsory
to enable an engineer to carry out his practice.
Practice by any engineer without registration
shall be a cognizable offence as per Indian
Penal Code (IPC).
5.4.3.Title Engineer (Er) shall be used only by
Registered Engineers and use of this title by
any other person shall be a cognizable offence
as per Indian Penal Code (IPC).
5.4.4.The Council shall authorize professional
Institutions to accept applications, process the
same and issue Registration Certificate in duly
prescribed format on behalf of the Council. The
Council may decide to identify the professional
institutions e.g. the Institution of Engineers
(India), Institution of Electronics and
Telecommunication Engineers, Institution of
Chemical Engineers and other professional
engineering institutions, as required, keepingin view the availability of infrastructure and
other facilities with such institutions.
6.0. Composition of the Council
Council shall comprise nominated members,
professional society members and co-opted
members.
6.1. The Members
Nominated Members: (18)
Nodal Ministry and Statutory Bodies (2):(i) One nominee each from the following as these
represent Nodal Ministry and Statutory Bodies
in Education and Quality Assurance
- Ministry of Human Resource Development
(MHRD)
- Al l India Counci l for Technical Education
(AICTE)
Organizations under Ministries/Departments
who are Major Employers of Engineers (5):
(ii) Five nominee engineers to be nominated by
the Council from the organizations under
ministries of Government of India, who are
major employers and users of engineers.
(iii) Technical Education Institutions (3):
One nominee each to be nominated by the
Ministry of HRD from following institutions, as
these represent the Experts in the field of
Engineering Education.
- IITs, IISc and Central Universities and CentralInstitutions
- Deemed Universities
- State Technical Universit ies and any state
Universities.
(iv) State Government (5):
One nominee from a State in the Region, by
rotation, representing 5 different regions i.e.
North , East, West, South and North East, as
the States are the users as well as the policy
makers, to be nominated by the concernedState Government.
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Industrial Associations (3):
(v) Three nominees representing the Industrial
Associ at ions such as CII , FICCI and
ASSOCHAM by rotation.
Professional Society Members: (27):
Members from professional societies,
representing various disciplines shall be asfollows:
1. The Institution of Engineers (India) 5
2. Ins ti tu tion o f E lect ronics and
Telecommunication Engineers 2
3. Institution of Chemical Engineers 1
4. Computer Society of India
1
5. Institution of Industrial Engineers
1
6. Aeronautical Society of India
1
7. Indian Institute of Metals
1
8. Institution of Surveyors
1
9. Institution of Marine Engineers
1
10. Consulting Engineers Associations of India 1
11. Broadcast Engineering Society 1
12. Construction Industry Development Council
1
13. Consultancy Development Centre 1
14. Indian National Academy of Engineering 1
15. Institution of Mechanical Engineers
16. Engineering Council of India 1
17. Representatives from other disciplines/ societiesto be nominated by the Council, on rotation
4
18. Co-opted Members by the Council 2
6.2. Secretary General will be the Secretary of the
Council.
6.3. The term of a nominee member of the Council
shall be a maximum of three years. A nominee
member can be re-nominated once.
6.4. The Chairman of the Council shall be elected
by the members of the Council from amongthemselves.
7. Annual Performance Reports
7.1 The institutions authorized for registration shall
provide Annual Performance Report to the
Council.
7.1.1 They must, not later than 30th June each year,
give to the Council a report on the operations
along with the list and details of registeredprofessional engineers during the twelve
months ending on the preceding 31st March.
7.1.2 The report shall include the following
information:
a) the number of registered engineers at the end
of the 12-month period;
b) the number of persons whom the Registering
Institutions registered, and the number of
persons whom the Registering Institutions
declined to register, during the 12-monthperiod;
c) the number of persons whose registration was
removed, suspended, or placed in abeyance
during the 12-month period;
d) the number of persons against whom the
Registering Institution made a disciplinary
order during the 12-month period;
e) the amount of the charge or charges payable
in relation to registration or the issue of a
registration certificate during he 12-monthperiod; and
f) any other information that the Counc il
reasonably requires.
7.2 Council shall provide Annual Performance
Report to the Nodal ministry.
8.0. Report of the Council
The Council shall prepare an Annual Report
on its operations for each financial year.
9. INCOME, EXPENDITURE ANDACCOUNTS
9.1 The Council shallhave the power to receive
income from registration and renewal of
registration charges from registered engineers,
grants from the governments and sponsorship
charges for services provided consistent with
its aims and purpose as defined in Article 2.
9.2. The modality of payment of fees for the
Registering Institutions and the share of fee for
the Council shall be laid down in the regulation
made by the Council.
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9.3 The income and property of the Council,
howsoever derived, shall be applied towards
the promotion of the objectives set forth in this
Act, subject nevertheless in respect of the
expenditure of grants or donations made for
any specific purpose as may be desired from
time to time by the donors. No portion of the
income and property of the Council, shall bepaid or transferred, directly or indirectly, by way
of dividends, bonus or otherwise or by way of
profits to any person/persons, who at any time
are or have been members of the Council or
to any of them or to any person claiming
through them or any of them, provided that
nothing herein contained shall prevent the
payment of remuneration in good faith to any
member or other persons in return for any
service rendered to Council.
10. Authorities of the Council
10.1. The Office Bearers of the Council shallbe
(i) Chairman
(ii) Secretary General
10.2 Term of the Chairman
The Chairman of the Council shall have a term
of 3 years and shall not be eligible for a second
term; and shall exercise powers as detailed in
the Regulations.
10.3 Term of the Secretary General
The Secretary General shall be a full-time
employee of the Council. His appointment
terms and conditions will be as laid down in
the Regulations.
10.4 Duties of the Chairman.
The Chairman, when present, shall preside
over the Council meetings and conduct
meetings as defined in the Regulations. The
Chairman shall also be responsible, jointly with
the Secretary General, for proper record of the
minutes of all the meetings in which he/she is
present. In absence of the Chairman, the
Council will elect one of its members to serve
as the Chairman for the meeting.
10.5 Duties of the Secretary General
The Secretary General shall convene meetings
and maintain records of proceedings of the
Council and shall perform such other duties
as the Chairman shall decide under direction
of the Council. Secretary General shall alsofunction as the Administrative Head of the
Council.
11. ORGANISATION STRUCTURE
11.1 Council may establish an organization
consisting of full-time officials, which would be
headed by the Secretary General on full time
basis, as its Administrative Head.
11.2 Secretary General shall enjoy powers as per
the Act, and Regulations.12. CUSTODY OF DOCUMENTS
The Council shall cause all important
documents such as title deeds, securities and
investments etc, to be kept in safe deposit and/
or with a Scheduled Bank for realization of
interest or dividends to the credit of the Council
Account. The Council shall be ent itled to
transfer such securities and investments in the
name of the Bank, if they so desire.
13. LEGAL PROCEEDINGSThe Council may sue or be sued in its own
name through the Secretary General as per
the provisions of this Act.
14. FINANCIAL YEAR
The financial year of the Council shall be from
1st April to 31st March of the following year.
15. AUDIT OF ACCOUNTS
The accounts of the Council shall be audited
by a duly qualified Chartered Accountantappointed by the Council every year.
16. PROCEDURE FOR FIRST &
SUBSEQUENT REGISTRATION AND
ITS RENEWAL
The procedure for first and subsequent
registration, alongwith fees for much
registration or renewal, or also for its renewal,
shall be prescribed in the regulation made
under this Act by the Council.
17. TENURE & RENEWAL OFREGISTRATION
(i) Initial registration of an Engineer will be valid
for a period of five years and subsequent
renewals for ten years at a time. While applying
for renewal of membership, the engineer shall
have to submit proof of continued engagement
in engineering activities and Continuous
Professional Development (CPD), as per the
details given in Regulations.
(ii) Where the (renewal) fee is not paid before the
due date, his name shall be removed from the
register:
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PROVIDED THAT a name so removed may
be restored to the register on, such conditions
as may be prescribed by Rules.
(iii) On payment of the (renewal) fee, the
Certificate of Registration shall be endorsed in
such manner as may be prescribed by
Regulations.
18. REMOVAL FROM REGISTER
18.1 The Council may, by an order, remove from
the National Register the name of any
Registered Engineer for the reasons to be
recorded, and following the procedures, laid
down in the Regulations.
19. DISCIPLINARY ACTION
REVOCATION, SUSPENSION, FINE OR
REPRIMAND
The Council shall have the power to takedisciplinary action as may be recommended
by the Registering Institutions and accordingly
reprimand any Registered Engineer or
suspend, refuse to renew or revoke the
Certificate of Registration, or levy a fine, on
being found guilty of acts specified in the
Regulations.
20. VIOLATIONS AND PENALTIES
Council shall have the power to take
appropriate legal steps against any person,
firm, partnership, organization, association or
other entity on violation of any provisions of
the Act or as spelt out in the Regulations, so
that the guilty may, upon conviction, be
sentenced by a court in accordance with the
Laws in force.
21. SURRENDER OF CERTIFICATES
A person whose name has been removed from
the National Register under sub-section 19.1
or where such person is dead, his legal
representative, as defined in the appropriateSection of the Code of Civil Procedure, shall
forthwith surrender his Certificate of
Registration to the Council.
22. ISSUE OF DUPLICATE CERTIFICATES
Where it is shown to the satisfaction of the
Council that a Certificate of Registration has
been lost or destroyed, the Registering
Institution may, on payment of such fee, as
may be prescribed by the Regulations, issue a
duplicate certificate in the form prescribedunder the Regulations.
23. National Register of Registered
Engineers
The Council shall maintain a National Register
of Registered Engineers who may be practicing
in India or abroad.
CHAPTER III
MISCELLANEOUS
24. REGISTRATION WITH OTHER PUBLIC
BODIES
Once a person is registered as Registered
Engineer, the person shall be deemed to have
been registered by any central or state
government, municipal or other local body or
any other public body which requires
registration of engineers under any Law, Rules
or Regulations.
25. PROFESSIONAL CONDUCT ANDCODE OF CONDUCT
25.1 Council shall prescribe in the Regulations the
standards of professional conduct and a Code
of Conduct for Registered Engineers.
25.2 Regulations made by the Council may specify
violations of the Code of Conduct and the
disciplinary action to be taken.
25.3 The enforcement of the Code of Conduct shall
be done by the Registering Institutions.
26. FAILURE TO SURRENDER
CERTIFICATE OF REGISTRATION
If any person, whose name has been removed
from the Register, fails without sufficient cause
forthwith to surrender his Certificate of
Registration, he shall be punishable with fine
and, in case of continuing failure, with an
additional fine for each month after the first
during which he or she has persisted in the
failure.
27. COGNIZANCE OF OFFENCE
27.1 No court shall take cognizance of any offence
punishable under this Act, except upon
complaint made by Order of the Council or a
person authorized in this behalf by the Council.
27.2 No judicial authority less than a High Court
shall try any offence punishable under this Act.
28. PROTECTION OF ACTION TAKEN IN
GOOD FAITH
No suit, prosecution or other legal proceedingsshall lie against the Central Government,
Council or any Member of the Council,
Registering Institutions or any member of the
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Registering Institutions or any other Board/
Committee or Officers and other employees
of the Council for any thing that is done or
intended to be done in good faith under this
Act or any Rules or Regulations .
29. MEMBERS OF THE COUNCIL AND
OFFICERS AND EMPLOYEES TO BE
PUBLIC SERVANTS
Members of the Council and officers and other
employees of the Council shall be deemed to
be public servants within the meaning of
Section 21 of the Indian Penal Code.
30. POWERS TO REMOVE DIFFICULTIES
30.1 If any difficulty arises in giving effect to the
provisions of this Act, the Central Government
may, by order published in the Official Gazette,
make such provisions, not inconsistent with the
provisions of this Act, as are considered
necessary or expedient for removing the
difficulty.
30.2 Every order made under this Section shall, as
soon as, may be after it is made, be laid before
each House of the Parliament and the
provisions of Sub-section shall apply in respect
of such order as it applies in respect of a Rule
made under this Act.
31. POWERS OF CENTRAL GOVERNMENT
TO MAKE RULES
31.1 The Central Government may, by notification
in the Official Gazette, make Rules to carry out
the purposes of this Act.
31.2 Every Rule made under this Section shall be
laid, as soon as, it is made before each House
of Parliament.
32. POWERS OF THE COUNCIL TO MAKE
REGULATIONS
Council may make Regulations, notinconsistent with the provisions of this Act or
the Rules made thereunder, to carry out the
purpose of this Act.
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[r lmrn--so s4 ] mwm !mm l m - 7ALL INDIA COUNGLFOR TECBNICALEDUCATION
New Delhi,the 19th April, 2004Regulations for C reation of National Eng ineen Registration and Lieencing Board (NERLB)
No . E QAiENGRS-REGNIOSlI20M,In exercise of thepowers conferred under clause (r) and (v) ofSection 10 ofthe AICTE Act, 1987 (52 of 1987) read with Section 23 (1) ofth e Act, the AICTEherebymakes theseregulations, with the approval of the MHRD,Govenunkntof India forCreation of 'National Engineers&@&ation. .. ~ ~ .- andlicensingBoard' (NEUB). ~~ .~
PREAMBLE : -The professions of medicine and surgery, pharmacy, architecture and law, in India, are allregulated by law for effective functioning. With the increasing globalization andcompetitiveness, framing of appropriate regulations in the field of Engineering profession hasbecome imperative on account of challenges, which the Ir,dirs, engineers will have :Gencounter globally in the near future. In the National contex t also, such a step would beuseful to ensure quality, efic ie nc y and transparency in engineering profession.AICTE has already undertaken with the responsibility of accreditation of engineeringeducational programs through National Board of Accreditation (NBA). Registration andLicensing is a logical extension of the tasks already being carried out by the AICTE.OBJECTIVES :1. The principal object to create NERLB is for providing registration to the Engineeringgraduates from the recognized institutions and to issue licenses for the practice of professionto the desiring engineers in India with a view to enhance the level o f proficiency and ethics inthe practice of Engineering profession in the country.2. For the purpose of carrying out the above object, the council will establish NationalEngineers' Registration and Licensing Board (NERLB) in order to streamline the process ofthe registration of engineers / professional engineers and related matters.PIUNCIPLE FUNCTIONS OF NERLB :NERLB shall can y out the following activities in furtherance of the above ob ject :
1. stration on of Engineers (disciplines and the levels to be decided by NERLB)2. Licensing of Engineers (disciplines and the levels to be decided by NERLB). -- - ..- ~ .~.&-3. Development of the profession of engineering in India
~ . .. ~. . -- ~.... . -4. Representation of Indian engineers at national and international forum.5. Creation o f database o f registered engineers.6. Facilitation of i n m t i o n a l mobility of Indian engineers.-.
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8 THEGAZETTEOF NDIA :EXTRAORDINARY @'ARTIE--SEC.1 i7. Advising the G overnment of India and the S tate Governments on policy relatedissues.8. Clonducting research and investigation on identifying opportunities for the Indianengineers, both in domestic and international markets.
GENERAL FUNCTIONS OF NERLB :1. To establish, maintain and develop standards of knowledge and skills ofpractitioners of engineering.2. To develop and share advances in engineering and technological knowiedge.3. To develop engineering sk ills to improve the well being of society. a4. To represent the engineering profession at national and intern ationa l levels.5. To contribute to the development and recogaition of good engineering practices.6. To recognize and to support those denionstrating competence in engineering Iprofession. i7. To support engineers in their career developments. j8. To contribute to meet the needs of the com munity.
Short Title and Commencementi. These Regulations may be called the AICTE (National Engineers Registration andLicensing Board) Regulations, 2004.ii. These regulations shall come in force on the date of publication of the sam e in theGazette of India and are applicable through out the country.DefinitionsUnless the context o therwise requiresa) "AICTE" means the ' All India Council for Technical Education ' establishedunder section 3 of the AICTE Act, 1987 and within the definition of S ec. 2 (b) ofthe AICTE Act.b) "NBA" means the ' National Board of Accreditation ', set up by the Councilwithin the powers conferred under Sec. 10(u) of the AICTE Act, 1987.c) "NERLB means the ' National Engineers Registration and Licensing Board',established by the Council, through these Regulations, 2004 namely AICTE
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d) "Engineering graduate" means a person who has obtained a bachelors degree inengineering from any Indian University established under law and dulyrecognised by the UGC or any other recognised University.e) "Registered Engineer" means an engineering graduate who entered in any roll /register maintained by the ' Secretary cum Registrar ' of "NERLB" or theRegional Committee concerned, established under the provisions of theRegulations, 2004.f) "Practice of Profession of Engineering" means any engineer, who registered
.. himself / herself with the ' Secretary cum Registrar ' of "NERLB" as a 'registeredengineer' and involved in the occupation, consultancy / expertise and creativework with adequate performance by application of special knowledge in theconcerned field of engineering.g) 'Advisory Board' .means a Committee I Sub-committee appointed by the'NERLB' consisting of members not less than 5 in number for verification,scrutiny of the documents and advise the Registrar cum Secretary in the mattersof registration of engineers.
3. ApplicabilityAll citizens of India or foreigners who want to register as an engineer for the purposeof seeking employment and /or License to practice the profession of engineering inIndia eit:,er ~3 efiiP;oyee, a coiijii~~li,Iexp& or ai iiidepeiideiitengineer in disciplines notified in'sched ule I and 11.
4. Constitution of NERLBi. AICTE shall constitute National Engineers Registration and L icensing Board forthe purpose of registration and / or licensing of engineers and all mattersconnected therewith.
2ii. The Head of ic e of the NERLB shall be at Delhi and the Regional offices asdesired will be established subsequently. For the present purpose seven regionaloftices of NERLB will be established at places where AICTE Regional Officesare already functioning.5. Governing Body :R
The NERLB would be governed by a Governing Body of 31 members as per detailsgiven below :
S.No1.2.
Secretary
CompositionChairman,NERLBRe~resentative f theMHRD, O1
Nos.11
RemarksTo be appointed by Chairman,AICTENot below the rank of Joint
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10 I ~ A R ~ ~ I I I S U ~ . ~ ]- THEGAZ E I TOF NDIA :EXTRAORDINARY------C:hairman, NBA I I ( Ex oficioRepresentatives of EC of A ICTE 12 I To be nominated by Chairman,I AICTE
l&Reiresentatives of Chairm an Regional I 2 I To be nominated b i Chakman, /
Not below the rank of JointSecretaryEx officioEx officioEx officio
-- -Representatives of the Ministries of theCentral GovernmentSecretary, University GrantsC:ommissionMem ber Secretary, AICTEChairman COAPharmacy Council ofIndia
4 .1
11
~: o i m i t t e e s f N E RL B - I AICTE8 Members of the tradelindustryAssociation like FICCI, ASSOCAM,Representatives of distinguished Engg. 1 3 I To be nominated by Chairman,AICTE
of ~ e c h i c a l ducationRepresentatives from the following~r of es si ona l od i e s f engineers
6. Te nu re of Office of Governing Body : IThe term of office of the Chairman and the member other than an ex-officio membershall be for a minimum period of three years.
P%cademiciansn the filed , .2 , To be nomixated bv Chzinnan.AICTETo be nominated by respectivesocietiesa) Institution of Engineers (I)b)iljd ian Society for TechnicalEducationc) Other*
of States and Union
Secretary cum Reg istrar
Mod e of Appointment of Gov ernme nt Nominee I Members : .i. MHRD, Govt. of India will appoint members to represent the different M inistriesfrom th e Central Governm ent by rotation from Schedule 111.
21
44
1
.1 1 . The Chairman, AICTE by rotation will invite one State from each region tonominate a M ember, not below the rank of Chief Engineer, from its S tate to be aMember of NERLB.
To be nominated by Chairman,A i c i E but not more than onefrom a regionEx officio, Mem ber Secretary
iii. For the purpose of nomination to the NERLB, the States and Union Territorieswill be grouped in the seven regions as specified by AICTE for administrationpurposes.
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8. Powers of N E m B :i. NERLB shall constitute an High Power Standing Committee or any suchappropriate Committee or Committees for the efficient discharge of functions asmay be assigned to it by the NERLB.ii. The Executive Comm ittee of NERLB shall consist of 7Members as under :
a. Chairman,NERLB - 1b. Representative of Ministry of HRD, GO1 - 1C. MS,AICTE - 1d. Chairman,NBA - 1e. Representative of ~ ro fe ss hn al ocieties - 1f. Representative of States and Union Territories - 1g. Secretary cum Registrar, NERLB - 1
The EC shall be coterminous with NERLBiii. The other Comm ittees constituted by NERLB should not be less than 3 Members.iv. NERLB shall also constitute appropriate Committees at Regional Level andNational Level in the following Disciplines :
a. Registration.b. Licensing at different levels.c. verifica~ionof academic requirements and syiiabus for various ieveis uTRegistration and Licensing.d. Experience requirements for various levels of Registration and Licensing.e. Examination and Assessment processes for various levels of Registrationand Licensing.f. Process of issuance of certificates of Registration and Licensing.g. Code of professional ethics for practicing Engineers.h. Examination of complaints.i. Investigation of disciplinary matters.j. Mediation of fees for professional s e ~ c e s .k. Any other matter related to principal object
v., NERLB may also appoint Sub committees, if necessary, to monitor and executethe above ac tivitiesvi. NERLB will have its Regional Committees which will be constituted as under:
S.No Composition Nos. Remarksi) Chairman 1 To be nominated byC b a h m , AICTEii) Nomination from professional 3 Tobenom inated byChairman, AICTEbodies and industrial associationsand societies of the region
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One from each State \iii) Representative of State Governm entiv) Distinguished Academician 1 To be nominated by&om the region Chairman, AICTEv) Regional Secretary cum Registrar 1 Ex officio
viii. NERLB shall have the powers to formulate guidelines and lay dow n proceduresregulations for carrying out various tasks including the following:1. Setting up of Committees, Sub-Committees and Regional Comm ittees.2. Maintenance of registers for registration and licensing.3. Code of conduct and ethics.4. Professional examinations.5. Reciprocal arrangement with international bodies.6. Registration and award of licence and their renewal7. Service conditions for employees of NERLB8. Any other item as approved by NERLB.9. Fee for Registration10. Qualificatidn and conditions for Registration
Schedule -ITechnical Disciplines and Subjec'ts for R egistration and Licensing nfEngineers
DISCIPLINESMechanical Engineeringrr SUBJECTSMechanical Processing and ProcessingMachineryPrime MoverPrecision MachineryRailroad Vehicle & AutomobileChemical MachineryHydraulic MachineryConstruction, Mining, Loading & CarrierMachineryIndustrial Machinery, A ir-conditioning&Refrigeration equipmentMachine Equipment
Air Craft bodyNavigation support facilitiesSpace environment udlization
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1wm -w s 4 1 r m i n m : J n r m r r o r
Mining
3.
I
Civil Engineering
5.
Ceramics 62 Inorganic Chemical ProductsOrganic Chemical ProductsFuel & Lubricant OilPolymer Products
-Electrics, Electronics&Electrical Communication
Textile ~h & nic al quipment & FacilitiesChemical Spinning, Thread Making,
Generation, Transmission, Distribution andTransformationElectric application~lecironicpplicationInfo-CommunicationElectric Facilities
~ & h a n i c i ~ p i n n & ~ &abric -Manufacturing, Dying & FinishingSewingIron & Steel Manufacturing SystemNonferrous Metals manufacturing SystemMetallic MaterialsSurface TechnologiesMetal WorkingMetals &Nonm etals miningCoal, Petroleum & Natural Gas miningSoil. quality and Foundation,Steel S tructure and Concrete,Urban & Rural PlanningRiver, Erosion, Control & SeashoreHarbor & AirportConstruction for ElectricityRoadRail roadTunnelConstruction Planning, ConstructionFquipment & IntegrationConstruction Environment
Water Supply & Seweragec.
Air conditioning FacilitiesArchitecture environmental FacilitiesWaste Management
I
City water & industrial water supplySewerageWater Service environment10. Environment Engineering q a te r quality ControlWaste Disposal
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i. 14 , THEG A a E F NDIA:EYXRAORDINARY [PARTUISEC.1- ., . . - .- .. ~ , .- -1 ~nformation ec hnolog ies I Information SystemInformation Mathematics& KnowledgeProcessingInformation Application,Computer System
Schedule - 1 IList of Union ini is tries fir the purpose of nomination on NERLA 1
RailwaysTelecommunicationSurface TransportUrban developmentDefence
I4) Shipping *i) Planning Commission .j) Commerce r) Atomic Energy Uk) Science and Technology s) Space v
1) Water X e so ~ c es t j any such otherm) Power nominations, asPetroleum n) Heavy Industry may be decidedIndustries ' ) Civil AviationAgriculture p) Information Technology '
Prof K. SUBRAMANIAN, ADVISER(ADMN.)[ADW.rmrVIl62/2004/Exty.]
-Printed by th e Manager, Go*. of India Press, Ring Road, Mayapuri, Ne w Delhi-110064
and Published by th e ControUer of Publications, Delhi-110054.
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GOVERNMENT OF IN DI A
MI NI STRY OF HUMAN RESOURCE DEVELOPMENT
LOK SABHA
UNSTARRED QUESTI ON NO 4142
ANSWERED ON 21 .04.2 01 0
SETTIN G UP OF I NDI AN COUNCI L OF ENGI NEERS
414 2 .Shri E.G. SUGAVANAM
Wi l l t he M in i s te rof HUMAN RESOURCEDEVELOPMENT be p leased to s ta te: -
(a ) w he the r the Governmen t has any p roposa l t o se t up I nd ian Counc i l o f Eng ineers i n the
coun t ry ;
(b ) i f so , t he de ta i l s and func t i ons the reo f ; and
(c ) t he t ime by w h ich these co l l eges a re l i ke l y to be set up?
ANSWER
MI NI STER OF THE STATE IN THE MI NI STRY OF HUMAN RESOURCE DEVELOPMENT ( SMT. D.
PURANDESWARI )
(a ) to ( c ) : Se t t i ng up an I nd ian Counc i l o f Eng ineers i s pa r t o f a p roposed d ra f t Eng ineers B i l lw h i ch i s s t i l l at t he concep tua l s tage and no f i na l dec i sion has been taken i n th e ma t t e r .
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