The Gujarat Professional Civil Engineers Act, 2006

Short title, extent and commencement.

1. (1) This Act may be called the Gujarat Professional Civil Engineers Act, 2006.
2. (2) It extends to the whole of the State of Gujarat.
3. (3) This section shall come into force at once; and the remaining provisions of this Act shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

Definitions. In this Act, unless the context otherwise requires,—

1. (a) "Board" means the Gujarat Professional Civil Engineers Board constituted under section 3;
2. (b) "Professional Civil Engineer" means a civil engineer registered as such under this Act;
3. (c) "Recognised Engineering Institution" means an engineering institution established by law and recognised by the Board;
4. (d) "prescribed" means prescribed by rules made under this Act;
5. (e) "President" means the President of the Board;
6. (f) "regulations" means the regulations made by the Board under this Act;
7. (g) "rules" means the rules made by the State Government under this Act;
8. (h) "Vice-President" means the Vice-President of the Board.

Incorporation of Council

1. (1) With effect from such date as the State Government may, by notification in the Official Gazette, appoint in this behalf, there shall be established for the purposes of this Act a Council to be called "the Gujarat Council of Professional Civil Engineers".
2. (2) The Council shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall by the said name sue and be sued.

Composition of Council

1. (1) The Council shall consist of the following members, namely:—
   • (a) the Secretary to the Government of Gujarat, Roads and Buildings Department, ex-officio, who shall be the Chairperson;
   • (b) the Director, Technical Education, Gujarat State, ex-officio;
   • (c) the President of the Institution of Engineers (India), Gujarat State Centre, ex-officio;
   • (d) one person to be appointed by the State Government, who is a Professor of Civil Engineering in any Government Engineering College or University in Gujarat;
   • (e) three professional civil engineers to be appointed by the State Government, in accordance with the rules made in this behalf, from amongst the professional civil engineers who are on the registers of the Council;
   • (f) one person to be appointed by the State Government, who is a registered architect;
   • (g) one person to be appointed by the State Government, who is an expert in urban planning.
2. (2) The Council shall elect a Vice-President from amongst its members.

Term of office of members of Council.

1. (1) Subject to the provisions of section 6, a member shall hold office for a period of five years from the date of his election or nomination or until his successor has been duly elected or nominated, whichever is longer.
2. (2) A member of the Council shall be eligible for re-election or re-nomination.

Resignation of member of Council.

1. (1) A member of the Council may, at any time, resign his office by notice in writing under his hand addressed to the President, and the seat of such member shall become vacant on the acceptance of such resignation by the Council.
2. (2) A member shall be deemed to have vacated his seat if he is absent without excuse, sufficient in the opinion of the Council, from three consecutive ordinary meetings of the Council.

Mode of election.

1. (1) Elections under this Act shall be conducted in the prescribed manner.
2. (2) Where any dispute regarding any election to the Council arises, it shall be referred to the State Government whose decision shall be final.

Vacancies.

1. (1) A nominated or elected member may resign his membership in writing to the President and his seat shall become vacant on the acceptance of such resignation by the Council.
2. (2) A member shall be deemed to have vacated his seat if he is absent without excuse, sufficient in the opinion of the Council, from three consecutive ordinary meetings of the Council.
3. (3) A casual vacancy in the office of a member of the Council shall be filled by fresh nomination or election, as the case may be, and the person nominated or elected to fill the vacancy shall hold office for the remainder of the term of office of the member in whose place he is nominated or elected.
4. (4) No act or proceeding of the Council shall be invalid merely by reason of the existence of any vacancy among its members or any defect in the nomination or election of a member thereof.

Meetings of Council

1. (1) The Council shall meet at such time and place and shall, subject to the provisions of sub-sections (2),
2. (3) and (4), observe such rules of procedure in regard to the transaction of business at its meetings (including the quorum at meetings) as may be prescribed by regulations.
3. (2) The President or, in his absence, the Vice-President, shall preside at every meeting of the Council.
4. (3) All questions at a meeting of the Council shall be decided by a majority of the members of the Council present and voting.
5. (4) In the case of an equality of votes, the President or, in his absence, the Vice-President, shall have and exercise a second or casting vote.

Officers and servants of Council

1. (1) The Council shall—
   • (a) appoint a Registrar who shall act as the Secretary of the Council and who shall hold his office during the pleasure of the Council;
   • (b) employ such other officers and servants as it may deem necessary to carry out the purposes of this Act;
   • (c) require and take from the Registrar or from any other officer or servant such security for the due performance of his duties as the Council may consider necessary;
   • (d) determine the conditions of service, remuneration and allowances of the Registrar and other officers and servants of the Council.
2. (2) All persons appointed or employed under this section shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860).

Executive Committee and other committees.—

1. (1) The Council shall constitute an Executive Committee from amongst its members, consisting of the President, the Vice-President and such other members of the Council as it may deem fit.
2. (2) The Council may constitute such other committees as it may deem necessary for the purpose of carrying out the provisions of this Act.
3. (3) The Executive Committee and other committees shall exercise such powers and perform such duties as may be delegated to them by the Council.

Registration.—

1. (1) The Council shall cause to be maintained a register of professional civil engineers in such form and in such manner as may be prescribed.
2. (2) Every person whose name is for the time being borne on the register shall be entitled to practice as a professional civil engineer in the State.
3. (3) The register shall be deemed to be a public document within the meaning of the Indian Evidence Act, 1872.

Professional Civil Engineers to be registered

1. (1) No person shall act as a professional civil engineer or represent himself as a professional civil engineer unless he is registered under the provisions of this Act.
2. (2) Notwithstanding anything contained in sub-section (1), any person who is already practicing as a professional civil engineer in the State immediately before the commencement of this Act may continue to practice as such for a period of six months from such commencement, and if he has duly applied for registration under the provisions of this Act within the said period, he may continue to practice until his application is finally disposed of by the Council.

Removal from register The Council may, by order, remove from the register the name of any professional civil engineer who—

1. (a) is dead;
2. (b) is convicted by a court in India of any offence and sentenced to imprisonment for a term exceeding six months;
3. (c) is found to be of unsound mind by a competent court;
4. (d) is an undischarged insolvent;
5. (e) has obtained registration by misrepresentation or fraud;
6. (f) has been found guilty of professional misconduct after an inquiry held in the manner prescribed by rules:

Procedure in inquiries relating to misconduct Procedure in inquiries relating to misconduct.

1. (1) For the purpose of any inquiry under section 14, the Council may, either of its own motion or on a complaint received from any person, hold an inquiry.
2. (2) The Council shall follow such procedure as may be prescribed for any inquiry under sub-section (1), and shall give the Professional Civil Engineer a reasonable opportunity of being heard in person or through a legal practitioner.
3. (3) The Council shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit in respect of the following matters, namely:—
   • (a) summoning and enforcing the attendance of any person and examining him on oath;
   • (b) requiring the discovery and production of documents;
   • (c) receiving evidence on affidavit;
   • (d) issuing commissions for the examination of witnesses or documents.
4. (4) Every inquiry under this section shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code (45 of 1860).

Restoration to register. The Council may, at any time, for reasons to be recorded in writing, order that the name of a person removed from the register under section 14 shall be restored to the register on such conditions as it may deem fit: Provided that the Council shall not pass any order under this section if the time limit for filing an appeal under section 17 has not expired or where such appeal is pending before the Appellate Authority.

Bar of jurisdiction No civil court shall have jurisdiction to settle, decide or deal with any question or to determine any matter which is by or under this Act required to be settled, decided or dealt with or to be determined by the Council, the Executive Committee or the President.

Cognizance of offence

1. (1) No court shall take cognizance of any offence punishable under this Act except upon a complaint in writing made by the Registrar or any officer authorized by the Council in this behalf.
2. (2) No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence punishable under this Act.

Penalty.

1. (1) If any person –
   • (a) not being a Professional Civil Engineer, uses the title of Professional Civil Engineer, or
   • (b) uses any title or description which indicates that he is a Professional Civil Engineer, or
   • (c) fails to produce the certificate of registration when required under this Act, he shall be punished with imprisonment for a term which may extend to six months, or with a fine which may extend to five thousand rupees, or with both.
2. (2) Any person who abets the commission of an offence under this Act shall, on conviction, be punishable with the same punishment as provided for the offence.

Power to make rules.

1. (1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
2. (2) In particular and without prejudice to the generality of the foregoing power, such rules may be made for all or any of the following matters, namely:–
   • (a) the manner in which the election of the President, Vice-President and members of the Council shall be held under section 5;
   • (b) the term of office and other conditions of service of the members of the Council under section 6;
   • (c) the procedure for meetings of the Council and the conduct of business under section 10;
   • (d) the fees to be paid for registration and the form of certificate of registration under section 14;
   • (e) the standards of professional conduct and etiquette and a code of ethics for Professional Civil Engineers under section 16;
   • (f) any other matter which is to be, or may be, prescribed under this Act.
3. (3) All rules made under this section shall be laid for not less than thirty days before the State Legislature as soon as may be after they are made and shall be subject to such modifications as the State Legislature may make during the session in which they are so laid or the session immediately following.

Power to make regulations

1. (1) The Council may, with the previous approval of the State Government, make regulations not inconsistent with the provisions of this Act and the rules made thereunder, to carry out the purposes of this Act.
2. (2) In particular and without prejudice to the generality of the foregoing powers, such regulations may provide for—
   • (a) the standard of professional conduct and etiquette and code of ethics to be observed by professional civil engineers;
   • (b) the procedure to be followed by the Disciplinary Committee under section 16;
   • (c) the fee to be paid for the purposes of this Act;
   • (d) any other matter which is to be, or may be, specified by regulations.
3. (3) All regulations made under this section shall be published in the Official Gazette.

Power to remove difficulties If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made after the expiry of a period of two years from the commencement of this Act.