Chapter IV PROFESSIONAL MISCONDUCT

Professional misconduct.-

1. (1) The Council may by Regulations prescribe standards of professional conduct and ethics for Professional Civil Engineers.
2. (2) The Regulations made by the Council under sub-section
3. (1) may specify which of the violations constitute professional misconduct.

Procedure for inquiries relating to misconduct Procedure for inquiries relating to misconduct.-

1. (1) On receipt of a complaint if the Council is of prima facie opinion that any Professional Civil Engineer has been guilty of professional misconduct which, if proved, would render him unfit to practice as a Professional Civil Engineer, the Council may refer the matter to the disciplinary committee to hold an inquiry in such manner as may be prescribed by rules.
2. (2) On receipt of the inquiry report from the disciplinary committee under sub-section (1), if the Council is of the opinion that the Professional Civil Engineer has been found guilty of professional misconduct, it may, after giving an opportunity of hearing pass an order either to reprimand him or suspend him from practice as a Professional Civil Engineer or remove his name from the register or pass such other order as it thinks fit.

Disciplinary Committee.- The Disciplinary Committee constituted by the Council shall consist of three persons of whom two shall be persons elected by the Council from amongst its members and the other shall be a person co-opted by the Council from amongst Professional Civil Engineer and who is not member of the Council, and the senior-most Professional Civil Engineer amongst the members of a committee shall be the Chairman thereof.

Powers of Disciplinary Committee.-(1) The disciplinary committee of the Council shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (Central Act 5 of 1908), in respect of the following matters, namely:-

1. (a) summoning and enforcing the attendance of any person and examining him on oath;
2. (b) requiring discovery and production of any documents;
3. (c) receiving evidence on affidavits;
4. (d) requisitioning any public record or copies thereof from any court or office;
5. (e) issuing commissions for the examination of witnesses or documents; and
6. (f) any other matter which may be prescribed.

1. (2) While conducting the enquiry the disciplinary committee shall follow the principles of natural justice.