The following Act of Parliament received the assent
of the President on the 10th January 1976, and is hereby published for general
information :-
Whereas it is expedient to make provision for regulation of then engineering
profession and for that purpose to constitute an Engineering. Council. It
is hereby enacted as follows:-
1. Short title, extent and commencement.-Q) This Act
maybe called the Pakistan Engineering Council Act, 1975.
(2) It extends to the whole of Pakistan.
(3) It shall come into force at once.
2. Definitions.-In this Act, unless there is anything
repugnant in the subject or the context,-
(a) "bye-laws" means bye-laws made under this Act
(b) "Chairman" means Chairman of the Council ;
(c) "consulting engineer" means an engineer or body of engineers
registered as such ;
(d) "Council" means the Pakistan Engineering Council constituted
under section 3 ;
(e) "engineering institution" means an institution within or without
Pakistan which grants degrees in engineering and is recognised as such, by
the Council ;
(f) "engineering public organisation" means a Department of the
Federal Government or a Provincial Government, a public Corporation, autonomous
or semi-autonomous body, cantonment board, municipality, improvement trust
or other local authority ;
(g) "Executive Committee" means the Executive Committee of the Council
;
(h) "member" means a member of the Council and includes the Chairman
and Vice-Chairman ;
(i) "prescribed" means prescribed by bye-laws ;
(j) "professional engineer" means a person who holds a recognised
engineering qualification and is registered as a professional engineer ;
(k) "professional engineering work" means the giving of professional
advice and opinions, the making of measurements and layouts, the preparation
of reports, computations, designs, drawings, plans and specifications and
the construction, inspection and supervision of engineering works, in respect
of----
(i) railways, aerodromes, bridges, tunnels and metalled roads ;
(ii) dams, canals, harbours, light houses ;
(iii) works of an electrical, mechanical, hydraulic, communication aeronautical
power engineering, geological or mining character ;
(iv) waterworks, sewers, filtration, purification and incinerator works;
(v) residential and non-residential buildings, including foundations, framework
and electrical and mechanical systems thereof ;
(vi) structures accessory to engineering works and intended to house them
; and
3. Constitution and incorporation of Engineering Council.-(1)
There shall ,be constituted in accordance with the provisions of this Act
an Engineering Council to be known as the Pakistan Engineering Council.
(2) The Council constituted under subsection (1) shall be a body corporate
having perpetual succession and a common seal, with power to acquire and hold
property, both movable and immovable, and to contract, and shall by -the name
by which it is known sue and be sued.
(3) The Council shall be composed of all persons whose names may hereafter
be entered in the Register, so long as they continue to have their names borne
on the Register.
(4) Notwithstanding anything contained in subsection (3), the Council shall,
upon its first constitution, be composed of-
(a) a Chairman, being an engineer with not less than twenty years' standing,
to be nominated by the Federal Government ;
(b) ten members, being engineers, of whom two each shall be nominated by the
Federal Government and a Provincial Government ; and
(c) one member, being an engineer, to be nominated by each University.
(5) The headquarters of the Council shall be at Islamabad or at such other
place as the Federal Government may appoint.
4. Chairman and Vice-Chairman.-(1) There shall be a
Chairman and a Vice-Chairman of the Council to be elected by the Members from
amongst themselves in the prescribed manner.
(2) Notwithstanding anything contained in subsection (1), for a period of
one year from the commencement of this Act, the Chairman shall be the person
nominated by the Federal Government under clause (a) of subsection (4) of
section 3.
(3) The Chairman and Vice-Chairman shall, subject to subsection (2), hold
office for a term of two years. .
(4) No person shall be qualified to be elected as, or to be, Chairman or Vice-Chairman
for more than two consecutive terms.
5. Annual general meeting of the Council.-(1) An annual
general meeting of the Council shall be held at the headquarters of the Council
at such time as may be appointed by the Executive Committee.
(2) The following business may be transacted at the annual general meeting,
namely :-
(a) presentation of annual report ;
(b) presentation of audited accounts ;
(c) presentation of annual budget ;
(d) appointment of auditors ; and
(e) such other business as may be placed before the meeting by the Executive
Committee or as the meeting may decide.
6. Extraordinary general meeting of the Council.-(1)
An extraordinary general meeting of the Council shall be called by the Chairman
at the head quarters of the Council---
(a) within fourteen days of the receipt by him of a requisition signed by
not less than one hundred members and stating the business proposed to be
,transacted at the meeting ; or
(b) at any time if the holding of such meeting for the consideration of any
urgent matter is in his opinion necessary.
(2) At a meeting called in pursuance of clause (a) of subsection (1), no business.
other than the business stated in the requisition referred to in that clause
shall be transacted.
7. General provisions relating to meetings of Council.-(1)
An annual or extraordinary general meeting of the Council shall be held and
conducted in accordance with the bye-laws.
(2) To constitute a quorum at an annual or extraordinary general meeting of
the Council, the presence of not less than one hundred members shall be necessary:
Provided that, in respect of the Council as constituted under subsection (4)
of section 3, this subsection shall have effect as if, for the words "one
hundred" therein the word "six" were substituted.
(3) All decisions of the Council at an annual or extraordinary general meeting
shall be taken by majority of the members, present and voting.
8. Functions of the Council.-The following shall be
the functions of the Council, namely:-
(a) maintenance of a Register of persons qualified to practise as professional
engineers and consulting engineers ;
(b) recognition of engineering qualifications for the purpose of registration
of professional engineers and consulting engineers ;
(c) removal of names from the Register and restoration to the Register -of
names which have been removed ;
(d) laying down of standards of conduct for the members.
(e) safeguarding the interests of the members ;
(f) promotion of reforms in the engineering profession ;
(g) management of the funds and properties of the Council ;
(h) promotion of engineering education and review of courses of studies in
consultation with the Universities ;
(i) levy and collection of fees from applicants for registration or temporary
licences and members ;
(j) exercise of such disciplinary-powers over the members and servants of
the Council as may be prescribed
(k) formation of such committees as may be prescribed ; and
(1) performance of ail other functions connected with, or ancillary or incidental
to, the aforesaid functions.
9. Executive Committee.-(I) There shall be an Executive
Committee of the Council for the management of the affairs of the Council
and for performing the functions assigned to the Council by or under this
Act.
(2) The Executive Committee shall be composed of the following persons, namely
:-
(a) the Chairman and Vice-Chairman of the Council who shall also be the Chairman
and Vice-Chairman respectively of the Executive Committee ;
(b) the Registrar ;
(c) five members, being professional engineers, of whom one each shall be
nominated by the Federal
Government and a Provincial Government ;
(d) One member, being a professional engineer, to be nominated by each University
;
(e) one member, being a professional engineer, to be nominated by the institute
of Engineers, Pakistan ; and
(f) one member, being a professional engineer of not less than ten years'
standing, for every two hundred professional engineers, or a part thereof,
whose names are borne on the Register on the thirtieth June of the year in
which election to the Executive committee is held, to be elected by the professional
engineers in the prescribed manner.
(3) Notwithstanding anything contained in subsection (2), for a period of
one year from the commencement of this Act, the Executive Committee shall
be composed of the persons nominated by the Federal Government under subsection
(4) of section 3.
(4) The members of the Executive Committee, other than the Registrar, shall,
subject to subsection (3), hold office for a term of two years.
(S) No person shall be qualified to be elected as, or to be, a member of the
Executive Committee for more than two consecutive terms.
(6) The election of members of the Executive Committee under clause (f ).
of subsection (2) shall be held so as to conclude not less than fifteen days.
before the term of the outgoing members is due to expire.
10. Recognidion of engineering qualifications granted
by institutions in Pakistan.--(1) The engineering qualifications granted by
engineering . institutions in Pakistan which are included in the First Schedule
shall be the. recognised engineering qualifications for the purposes of this
Act.
(9) Any engineering institution in Pakistan which grants an engineering: Qualification
not included in the First Schedule may apply to the Council toy have such
qualification recognised, and the Council may, by notification in the official
Gazette, amend the First Schedule so as to include such qualification therein.
11. Recognition of foreign engineering qualifications.-(1)
The engineering qualifications granted by engineering institutions outside
Pakistan which are included in the Second Schedule shall be recognized engineering
qualifications for the purposes of this Act.
(2) Any engineering qualification granted by an engineering institution outside
Pakistan not included in the Second Schedule may be recognised by the Council,
and the Council may, by notification in the official Gazette, amend the Second
Schedule so as to include such qualification therein.
12. Grant of temporary licences.-(1) The Executive
Committee may grant to any person domiciled outside Pakistan who does not
hold any recogniscd engineering qualification but who holds a diploma in engineering,
a degree in applied sciences or an equivalent diploma from an institution
recognised by the Council, or who is a corporate member of an engineering
body, society, institute or association recognised by the Council, a temporary
licence for a specific project to work as an associate of a professional engineer
who shall sign and seal the plans and specifications for the: project`
(2) The Executive Committee may, if it feels that such action is warranted
by special circumstances, grant to a person referred to in subsection (1)
a temporary licence to work as the engineer in charge of a specific project
for so long as he is assisted by a professional engineer.
(3) The Executive Committee may, for works to be carried out at the discretion
of an engineering public organisation, grant a temporary licence to any person
on the recommendation of such organisation.
(4) Any person to whom a temporary licence has been granted shall, during
the period for which the licence is valid, be subject to the provisions of
this Act and the bye-laws.
13. Power to require information as to courses of study and examination.---Every engineering institution in Pakistan which grants a recognised engineering qualification shall furnish such information as the Council may, from time to time, require as to the courses of study and examination to be undergone in order to obtain such qualification.
14. Inspection of examinations.-(1) The Council shall
appoint such number of inspectors as it may deem requisite to attend at any
or all of the examinations held by the engineering institutions in Pakistan
for the purpose of granting engineering qualifications which are recognised
engineering qualifications or in respect of which recognition has been sought.
(2) Inspector appointed under subsection (1) shall not interfere with the
conduct of any examination but they shall report to the Council on the sufficiency
of the examination which they attend and on the courses of study and facilities
for teaching provided by the institution in question at different stages in
respect of such examination, and on any other matter in regard to which the
Council may require them to report.
15. Withdrawal of recognition.-(1) When upon report
by an inspector, it appears to the Council that the courses of study and examination
to be gone through in any engineering institution in Pakistan in order to
obtain a recognised engineering qualification or the standards of proficiency
required from candidates in any examination held for the purpose of granting
such qualification are not such as to secure to persons holding
such qualification the knowledge and skill requisite for the efficient practice
of engineering, the Council shall forward the report to the engineering institution
concerned with an intimation of the period within which it may submit its
explanation to the Council.
(2) On receipt of the explanation or, where no explanation is submitted within
the specified period, on the expiry of that period, the Council, after making
such further inquiry, if any, as it may think fit, may, be notification in
the official Gazette, direct that an entry shall be made in the First Schedule
against the engineering qualification to which the explanation relates declaring
that it shall be a recognised engineering
qualification only when granted before a specified date.