Chapter V OFFENCES AND PUNISHMENT

Penalty for non registration.- Any person who practices as a Professional Civil Engineer without getting his name entered in the register shall be punishable with imprisonment which may extend up to six months or with fine which may extend up to rupees fifty thousand or with both.

Penalty for falsely claiming to be registered.-

1. (a) If any person whose name is not entered in the register, falsely represents that it is so entered, or uses in connection with his name or title any words or letters reasonably calculated to suggest that his name is so entered shall be punishable with imprisonment which may extend up to one year or with fine which may extend up to rupees one lakh or with both.
2. (b) If any person being registered as a Professional Civil Engineer but not having a Certificate of Practice, practices as a Professional Civil Engineer shall be punishable with imprisonment which may extend up to six months or with fine which may extend up to rupees fifty thousand or with both.

Prohibition against use of title.-

1. (1) After the expiry of six months from the date of the preparation of the register, no person other than a registered Professional Civil Engineer, or a firm of Professional Civil Engineers shall use the title and style of Professional Civil Engineer.
2. (2) If any person contravenes the provisions of sub-section (1), he shall be punishable with imprisonment which may extend up to six months or with fine which may extend up to rupees fifty thousand or with both.

Unqualified persons not to certify engineering designs or drawing.-

1. (1) Notwithstanding anything contained in any law for the time being in force, after the expiry of two years from the commencement of this Act, only persons competent, as defined in National Building Code-2016, and a Professional Civil Engineer registered with Council, shall supervise or execute or certify any Engineering design or drawing or construction of:
   • (a) a building the plinth area of which exceeds fifty square meters; or
   • (b) a building the height of which exceeds the normal height of a building having the ground floor only; or
   • (c) a building which does not have load bearing type masonry structure; or
   • (d) a building which is a part of a larger housing project comprising not less than three buildings, notwithstanding the plinth area of such building is fifty square meters, or less than fifty square meters;
2. (2) Any person contravening the provisions of sub-section
3. (1) shall, without prejudice to any other proceedings which may be taken against him, shall be punishable with simple imprisonment which may extend up to one year or with fine which may extend up to rupees one lakh or with both.

Failure to surrender certificates of registration and practice.- If any Professional Civil Engineer whose name has been removed from the register fails to surrender his certificates of registration and practice, shall be punished with simple imprisonment for a term which may extend up to three months or with fine which may extend up to rupees twenty five thousand or both.

Cognizance of offences.-

1. (1) No Court shall take cognizance of any offence punishable under this Act, except upon complaint made by the Council or a person authorised in this behalf by the Council.
2. (2) No Magistrate other than a Metropolitan Magistrate or a Magistrate of the first class shall try any offence punishable under this Act.