Professional Engineerinng Bill 2025 200325 - 250322 - 215727
Professional Engineerinng Bill 2025 200325 - 250322 - 215727
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1. Preamble
Technology plays a key role in sustainable socio-economic development of a
country. Efficient use of resources - physical, financial and human - is a
determining factor in raising its rate of growth. Engineers and Technologists
form a key component of the human resource. In order to derive maximum
benefit from these resources, it is important for the country to ensure that
Engineers and Technologists have high levels of competence and high levels
of professional integrity.
A mechanism needs to be set up to ensure that every engineer and
technologist whose decisions impact the health and safety of the society, goes
through this process and is tested for having acquired the requisite skill sets
and is accorded a status of Professional Engineer (PE). Thus a Professional
Engineer is one who always endeavors to obtain higher levels of professional
competence in one’s own field by use of latest technology for cost effective
and speedy solution to a problem that is practically feasible, structurally
sound (to ensure public safety of built infrastructure, even during natural
disasters), cost effective (for sustainability to ensure economic use of natural
resources), and treats public safety as of paramount importance. Any time an
engineer or a technologist does not measure up to the high level of technical
competence, professional honesty and integrity, this status of Professional
Engineer (PE) should be withdrawn. Such a mechanism of regulation of the
profession is possible only through a Statutory body created by an Act of
Parliament.
In furtherance of intent and purpose of the Legislature, the practice of
engineering is hereby declared a learned profession to be practiced and
regulated, and its practitioners in the country shall be held accountable to
the nation and members of the public by high professional standards in
keeping with the ethics and practices of the other learned professions in
India. The NEP 2020 has envisaged that the functions of regulation,
provision of education, funding, accreditation and academic standards
setting must be performed by independent, distinct and empowered
bodies.
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This Act Bill seeks to constitute a Statutory Body with the responsibility to
oversee registration of an individual as a Professional Engineer, renewal of
the said registration and its termination and to regulate his/ her professional
conduct
The Professional Engineers’ Bill is thus meant to propose legislative
framework for the establishment of Indian Professional Engineers’
Council (IPEC) by an act of parliament to play key role in setting
professional norms & standards, recognizing Professional Engineers in
India and advise the Govt. and its statutory bodies in developing
curriculum framework for Engineering Education for the advancement
of Engineering profession.
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4. INTRODUCTION
The Bill seeks to set up a Statutory body, the Indian Professional Engineers’
Council (hereinafter referred to as the Council) that will ensure that
engineering activities are performed by qualified persons and in a manner
which facilitates sustainable development and ensures safety and welfare of the
people.
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4.2 The Indian Professional Engineers’ Council (IPEC), hereinafter called the
Council, will ensure that engineering activities are performed by
qualified persons and in a manner which facilitates sustainable
development and the safety and welfare of the people. It will maintain
internationally recognised standards of competence and commitment to
the engineering profession, and license competent institutions to
champion the standards, for the deliverance of public benefit.
4.3 A Board of Governors, hereinafter called the Board, will oversee the
functioning of the Council. The Board will have a total of 12 members: 3
ex-officio members (the Secretary, Higher Education, the Chairman,
General Education Council* (Initially Immediate Past Chairman of the
AICTE) and the immediate past Chairmen of the Council), 3 members
with an Engineering (non-Civil) background (1 Director of IITs, 1
Director of NITs, 1 President of a Professional Associate nominated by
rotation), 1 President of INAE/IRC/BIS nominated by rotation, 3
outstanding Civil Engineering and 2 outstanding Engineering (non-Civil)
practitioners nominated by the MoE. The current Chairman of the
Council will be a member of the Board while the tenure-based,
Secretary-General of the Council will be the Secretary (not member) of
the Board.
The Chairman of the Board will be an eminent person of good standing with 25
years of professional experience selected by a five-member Search-cum-
Selection Committee (ScSC). The ScSC will be chaired by a person of the rank
of Cabinet Secretary.
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The Chairman, General Education Council (GEC) will be the Convener and the
remaining three members will be outstanding engineers nominated by MoE.
The Board will function in such a manner as to preserve the Council’s status as
a truly Statutory Independent Institution. The Board will meet at least three
times a year. Notice of the meeting will be issued by the Secretary of the Board
at least two weeks in advance. The quorum will be 2/3rds of the members.
The term of the Chairman will be 3 years. Of the 8 non-ex officio members, 4
will be replaced every 2 years.
4.4 The initial membership of the Council for three years from the date on
which the PE Act comes into force shall be as follows:
The IPEC shall consist of a total of 27 members, 16 members
nominated by the Board and 11 representatives of Licentiate
Member Organisations who shall be appointed in accordance with the
Regulations.
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These 8 members will be, as far as is feasible, elected from within their
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7. POWERS
To enable the pursuance of the Objects, the Council is vested with the
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following powers:
a. Create verticals and invite specialists to help facilitate decision-
making on disciplinary issues. Such verticals will act only in
Advisory capacity.
b. Arrange the holding of examinations or other assessments in
engineering or any other subject relevant to the objects;
c. As an integral part of the assessment of an applicant for
certification as a Professional Engineer, set up a separate body to
design and formulate the examination, typically in two modules:
Module 1 common to all, and Module 2 tailored for each major
discipline as decided by the Council from time to time. The
standard of Module 2 will be above BE/ B.Tech level and will cover
expected professional engineering practice.
d. Charge fees and subscriptions.
e. Receive gifts, endowments, bequests, donations, money and
property and purchase, lease or otherwise acquire land, buildings
and hereditaments of any kind, and hold the same in perpetuity
or otherwise and from time to time (subject to all such consents as
are by law required) grant, demise, alienate or otherwise dispose of
the same or any part thereof.
f. Enter into any contract or transaction, or engage in any activity,
which is conducive to the attainment of the objects.
g. Borrow or raise money with or without security, and charge or
mortgage any of its property whether real or personal.
h. Invest any moneys of the Council not immediately required for its
purposes in accordance with the Regulations.
i. Appoint and remunerate staff and provide for their pensions and
those of their dependents.
j. Withdraw/ withhold the license issued to organisations (See Sec.
8).
k. Do all such other lawful acts and things as may further the
objects.
8. GOVERNANCE
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The Chairman of the Council shall promote and execute the objects of the
Council; establish and maintain an organisation for the attainment of those
objects; represent the Council in negotiations and elsewhere; conduct the
ordinary business of the Council with the support of the Secretary General
and carry out such other duties as the Council may require. The Board may
terminate the appointment of Chairman, but such termination shall be without
prejudice to his contractual or statutory rights arising out of such termination.
Subject to the direction of the Board, the Chairman shall be entitled to recruit
and dismiss staff to administer the activities of the Council.
a. The Council shall be accountable to the nodal Ministry (MoE) via its
Board in respect of its activities.
b. The day to day management and control of the Council shall be vested
in its Executive Committee (EC) which will be constituted by the
Council. The Chairman of the Council will be the Chairman of the EC.
The Secretary General will be the Member-Secretary of the EC. The
other members of the EC shall be chosen in accordance with the
Regulations. The EC may exercise all or any of the powers of the
Council, and may delegate its powers and functions in accordance with
these Regulations.
c. The Regulations proposed by the Council will have to be presented to
and approved by the Board by a two-third majority before they are given
effect to.
d. No member of the any Committee of IPEC shall be accountable in
respect of acts done or authorised to which they have not expressly
assented or shall incur personal liability in respect of any loss or
damage incurred through any act done in good faith for the benefit of
the Council.
e. The Council shall provide indemnity insurance covering every officer
and employee of the Council against any loss or expense incurred
through any act or omission done or committed by him/her in good
faith, in the course of the performance of his/her authorised duties on
behalf of the Council and pay all reasonable and proper premiums in
respect of such indemnity insurance
f. With the approval of the Council, any person and anybody corporate
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9. REGULATIONS
Subject to the provisions herein and to the approval by a two-thirds majority
vote of the members of the Board, the Council may make, amend or revoke the
Regulations, provided that such Regulations shall be invalid to any extent to
which they are inconsistent with this Act.
9.1 REGISTRATION
a. The Council shall make and publish regulations describing the
standards and requirements of education, professional development and
competence and commitment of individuals whom the IPEC may
record in the Register. The Washington Accord will determine the
recognition of overseas qualifications.
b. Registrants and their Licensing Member shall be recorded in the
Council’s Register.
c. The Register shall have separate sections for Professional Engineers,
and such other sections as the Council shall determine. The Register
shall include the addresses of those individuals registered and may
contain such other information as the Council shall determine. Except
as may be provided in Regulations, no person or other organisation
shall be permitted to be supplied with the record, or any part thereof, of
any individual on the Register without the agreement of that person.
d. The Council shall cause to be entered in each section of the Register,
upon payment of such entry fee (as shall from time to time be
prescribed by the Council), the name of each individual nominated by a
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Licensed Member.
e. Subject to these Regulations, only those individuals who are members
of a Licensed Member which has registration agreements, or who are
Direct Registrants, shall have their names registered, added to, or
maintained on the Register as Professional Engineers, who may use the
style or title of "Professional Engineer" and use after their names the
designatory letters "P.Engr."
f. Registration in one section of the Register shall not preclude
registration in any other section provided this is with another Licensed
Member. In addition, the individual shall not be registered in both the
full and initial registration sections of any section The Council may at
any time license an organisation in accordance with these Regulations;
and may admit to the appropriate section of the Register any individual
who at the date of such licensing is a member of that organisation in a
category of membership requiring demonstration of competence and
commitment, provided that the Council is satisfied that
1. The criteria applied at the time the individual was accepted into
membership of that category were comparable to, or of a standard
higher than, those criteria which would have had to have been
satisfied if he had sought, at that time, registration on the Register
and
2. The organisation had at that time and since, procedures in place
for continuing professional development comparable to, or of a
standard higher than, those required of Licensed Members.
3. An individual whose name is entered in the Register may receive,
at his request, and upon payment of a fee prescribed from time to
time by Council, a certificate certifying that he is a Professional
Engineer (or any other category as determined as appropriate by the
Council), which certificate shall remain the property of the Council
and shall be delivered by its holder to the Council upon demand
made in writing by the Chairman of Council or any person
authorised by him.
g. A First Register will be created of all practicing engineers with not less
than 25 years of experience
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h. The Council may from time to time promulgate Codes of Practice. The
Codes of Practice may be amended, varied or rescinded as the Council
may think fit and the Council may, in its absolute discretion, waive the
provisions of any of the Codes of Practice for a particular purpose
expressed in such waiver and may revoke any waiver.
i. The Council may hear an appeal from an individual whose name
appears on the Register and who is found by due process by a Licensed
Member Organisation, of which such individual is a member, to have
breached its Code of Conduct, and if that organisation imposes a
sanction which would entail the individual's removal from the Register.
Such an appeal will be conducted in accordance with the procedures
set out in Regulations which shall provide for the right to an oral
hearing and the right of representation. Such an appeal, however, shall
lie only on grounds of procedural irregularity and adhere to the
principles of natural justice; the Council shall not adjudicate on the
substance of the case.
j. Registration fees shall be payable in the manner prescribed in the
Regulations. The Council may amend the Regulations relating to
registration fees with the prior approval of the Board.
9.2 MAINTENANCE OF TITLES
The Council shall make Regulations covering the maintenance of Registration
of a Professional Engineer, in the event that the organisation, of which he is or
was a member, has ceased to be a Licensed Member with a registration
agreement or has ceased to exist; or he is not, or he has ceased to be, a
member of that organisation.
9.3 LICENSING OF MEMBERS
9.3.1 The Council may at any time certify that an organisation is a Licensed
Member provided that (in addition to satisfying the requirements of
these Regulations) such an organisation has, in the opinion of the
Council, sufficient experience, procedures and resources to undertake
each of the following tasks:
a. monitoring the conduct of Registrants
b. monitoring the continuing professional development of Registrants and
c. assessing the competence and commitment of candidates for
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registration.
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hold office for the remainder of the unexpired term of office in respect
of which the casual vacancy has arisen.
12 MEETINGS
12.1 The Council may call a Meeting at any time and the Council shall at
all times be bound to do so on a requisition in writing by 10 members
of the I P E C . Such requisition shall state the matters to be brought
before and the resolutions (if any) to be moved at such a general
meeting.
12.2 Notice of any meeting shall be given to those entitled to attend in the
same way as notice shall be given for Council meetings. Authorised
representatives of each of the members of the Council, and of any
organisation which is not a member of the Council but is
acknowledged as supporting the Council’s objects, shall be invited to
attend meetings but only the members of the Council may exercise a
vote. The Chairman shall take the chair at any such meeting. In the
absence of the Chairman, the senior-most member shall deputise.
12.3 No business shall be transacted at any meeting unless a quorum is
present; the quorum shall be not less than 1/3 of the members of the
Council. Each member of the Council, present and voting, shall have
one vote, and resolutions, other than those for which a different
majority is required by these Regulations, shall require a simple
majority. In the event of an equality of votes on any resolution, the
person chairing the meeting shall be entitled to a casting vote. Further
provisions for the calling and holding of meetings may be made in the
Regulations.
12.4 A copy of the accounts which are to be presented to a Meeting of the
Council in the later half of the year, together with a copy of the
auditors’ report and of the proposed annual report of the Council,
shall be sent to Members and to all the Board members with the
notice of the Meeting 15 days in advance.
12.5 After the approval of the Board the Annual Report will be published/
made available on the IPEC website accessible to all LMOs.
12.6 A Council member or a member of a committee or other group
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the list and details of professional engineers among its members during
the twelve months ending on the preceding 31st march.
14.3 The report shall include the following information:
(a) The number of registered engineers at the end of the 12-months
period.
(b) The number of persons whom the Registering Institutions
registered, and the number of persons whom the Registering
Intuitions declined to register, during the 12-month period;
(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 charges payable in relation to registration or the issue of a
registration certificate during the 12-month period:
(f) Any other information that the Board reasonably requires.
14.4 Council shall provide its Annual Report to the Board.
15 INCOME, EXPENDITURE AND ACCOUNTS
15.1 The Council shall have the power to receive income from registration and
renewal of registration charges from registered engineers, grants from the
governments and sponsorship charges for services provided consistent
with its objects.
15.2 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.
15.3 The income and property of the Council shall be applied towards the
promotion of the objectives set forth in this Act. No portion of the income
and property of the Council, shall be paid or transferred, directly or
indirectly, by way of dividends bonus or otherwise or by way of profits to
any person/persons, who at any time are or have been members of the
Council or to any of them 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.
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