Chapter II KARNATAKA COUNCIL OF PROFESSIONAL CIVIL ENGINEERS

Establishment and Composition of Council.-

1. (1) The State Government shall by notification establish a Council to be known as the “Karnataka Council of Professional Civil Engineers” for the purpose of carrying out the aims and objects of this Act.
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 or dispose of property, both movable and immovable and to contract and shall, by the said name sue or be sued.
3. (3) The Head Quarters of the Council shall be at Bengaluru.
4. (4) The Governing Council shall consist of the following eighteen members namely:-
   • (a) Ten members to be elected amongst Professional Civil Engineers. Out of them, four members to be elected from Bengaluru Division, two members to be elected each from Belagavi, Gulbarga and Mangalore Division.
   • (b) The following shall be the ex-officio members of the Governing Council nominated by the State namely: -
     • (i) an officer of the rank of Chief engineer or equivalent grade or rank amongst the civil engineers either from the Urban Development Department or Urban Housing Department in the Municipal Corporations in the State;
     • (ii) one member who is the Chief Engineer in the Department of PWD in-charge of roads and buildings;
     • (iii) one member who is the Chief Engineer in the Department of Water Resources or Neeravari Nigams;
     • (iv) one member who is Chief Town Planner, if he is a Civil Engineer, or senior most Civil Engineer in the Town Planning Department of the Government of Karnataka.
   • (c) One member to be nominated by the Vice-Chancellor of Visvesvaraya Technological University
   • (VTU) from amongst its civil engineering faculty with not less than 10 years of teaching experience
   • (d) One member to be nominated by the Commissioner, Department of Technical Education, Karnataka State, from amongst the professors in the faculties of the civil engineering with not less than 10 years of teaching experience in any Universities other than VTU established by law in the State and/or the professors of colleges affiliated to such Universities, imparting education in civil engineering,
   • (e) Two members to be co-opted by the Council from amongst the Professional Civil Engineers.
5. (5) Notwithstanding anything contained in clause
   • (a) of sub-section (iv), the State Government may, pending preparation of the register, nominate to the first Council, Civil Engineers who are eligible for registration under section 19 and having minimum experience of 5 years and such first Council shall consist of such number of members possessing such qualification as mentioned in sub-section
6. (4) of section 3. Such nominated members including the President shall hold office for a period of two years as the State Government, by notification in the Official Gazette, specify.

President and Vice-President of Council.-

1. (1) The President and the Vice-President of the Council shall be elected by the members of the Council other than co-opted members from amongst themselves in the manner specified in section 5: Provided that on the first constitution of the Council and until the President is elected, a member of the Council nominated by the State Government in this behalf shall discharge the functions of the President.
2. (2) An elected President or Vice-President of the Council shall hold office for a term of three years or till he ceases to be a member of the Council, whichever is earlier, but subject to his being a member of the Council, he shall be eligible for re-election: Provided that-
   • (a) the President or the Vice-President may, by writing under his hand addressed to the Vice-President or the President, as the case may be, resign his office;
   • (b) the President or the Vice-President shall, notwithstanding the expiry of his term of three years, continue to hold office until his successor enters upon office.
3. (3) The President and the Vice-President shall exercise such powers and discharge such duties as may be specified by Regulations.

Mode of Elections.-

1. (1) Elections of the President and Vice-President under this Chapter shall be conducted in such manner as may be prescribed by Rules.
2. (2) Where any dispute arises regarding any such election, the matter shall be referred by the Council to a Tribunal to be constituted by the State Government by notification in the Official Gazette, in this behalf in such manner as may be prescribed in the Rules and the tribunal shall follow such procedure as may be prescribed. The decision of the Tribunal shall be final. Provided that no such reference shall be made except on an application made to the Council by an aggrieved party within thirty days from the date of the declaration of the result of the election.
3. (3) The expenses of the Tribunal shall be borne by the Council.

Term of office and casual vacancies.- (1)

1. (a) Subject to the provisions of this section, an elected member shall hold office for a term of three years from the date of his election.
2. (b) A member, co-opted under clause
3. (e) of sub-section

1. (4) of section 3 shall hold office for such term, not exceeding three years, as the Council may determine.
2. (2) An elected, nominated or co-opted member may, at any time, resign his membership by writing under his hand addressed to the President, or in his absence, to the Vice-President, and the seat of such member shall there upon become vacant.
3. (3) A nominated ex-officio member shall cease to be a member on his superannuation, resignation or when he ceases to hold the post by virtue of which he was nominated
4. (4) A member shall be deemed to have vacated his seat-
   • (i) If he is absent for three consecutive ordinary meetings of the Council without excuse and if the reasons for the absence are not satisfactory in the opinion of the Council: or
   • (ii) If he ceases to be a Professional Civil Engineer referred to in clause
   • (a) or
   • (d) of sub-section
5. (4) of section 3 or if he ceases to be a professor referred to in clause
   • (c) of sub-section
6. (4) of section 3.
7. (5) Any casual vacancy in the Council shall be filled by fresh election or nomination or co-option and the person so elected or nominated or co-opted to fill the vacancy shall hold office only for the remainder of the term of the member whose place he takes.
8. (6) Members of the Council shall be eligible for re-election or re-nomination or re-co-option; however no member can continue for more than two consecutive terms.

Conduct of Election of the Council.- General election of the Council shall be held within one month before the date of expiry of the term of three years.

Constitution of Special Committee in the absence of election.-(1) Where the Council of Professional Civil Engineers fails to provide for the election of its members one month prior to the expiry of the term of three years referred to in section 6, the Council in its special general body meeting decide and constitute a special committee consisting of -

1. (i) The Senior most member of the Council as the Chairman:
2. (ii) One member from each revenue division to be nominated by the Council from amongst the roll of Professional Civil Engineers present in the general body meeting to discharge the functions of the Council till new body is constituted:

1. (2) On the constitution of the Special Committee-
   • (a) all properties and assets vested in the Council shall be managed by Special Committee;
   • (b) all rights, liabilities and obligations of the Council, whether arising out of any contract or otherwise, shall be the rights, liabilities and obligations of the Special Committee;
2. (3) The Special Committee constituted under sub-section
3. (1) shall, hold elections to the Council within a period of six months from the date of its constitution.

Validity of act or proceeding of the Council, not to be invalidated by reason of vacancy, etc.-

1. (1) No act or proceeding of the Council shall be invalid merely by reason of,
   • (a) any vacancy or defect in the constitution of the Council, or
   • (b) any defect in the election or nomination or co-option of a person acting as a member thereof, or
   • (c) any irregularity in procedure not affecting the merits of the case.

Disqualifications.- A person shall not be eligible for election or nomination or co-option as a member of the Council if he,-

1. (a) is an adjudged insolvent; or
2. (b) has been convicted by any Court in India for any offences affecting moral turpitude and sentenced to imprisonment for a term not less than two years, and shall continue to be ineligible to contest election for a further period of five years since his release; or
3. (c) is declared as of unsound mind by a competent authority or court.

Meetings of the Council.-

1. (1) The Council shall meet at least once in every three months at such time and such place and shall observe such rules of procedure with regard to the transaction of business at its meetings as may be specified by Regulations.
2. (2) Unless otherwise specified by regulations, five elected members of the Council other than co-opted members shall form a quorum, and all the subjects in the agenda in a meeting of the Council shall be decided by a majority of the members present and voting.
3. (3) In the case of an equal division of votes, the President, or in his absence, the Vice-President or in the absence of both, the member nominated by the President shall preside over the meeting, and exercise a second or casting vote.
4. (4) A co-opted member shall have a right to take part in the proceedings of the Council but shall not be entitled to vote.

The Registrar.-

1. (1) the registrar shall be a full time officer of the Council to be appointed by the Council who shall also be the secretary of the Council.
2. (2) The Registrar shall be the custodian of all records of the Council.
3. (3) The Registrar shall convene the meeting of the Council with the approval of the President or in his absence by the approval of Vice-President.

Fees and allowance to President, Vice-President and Members.- The President, the Vice-President and other Members of the Council are entitled to such fees and allowances as the Council may, with the previous sanction of the State Government, fix in this behalf.

Annual General body Meeting.-

1. (1) The Council shall convene a general body meeting of its governing Council members once in a year before twenty fifth day of September for the purpose of,-
   • (a) consideration of annual report presented by the Council;
   • (b) consideration of latest available audit report and the report of the Council;
   • (c) consideration of inquiry report, if any;
   • (d) approval of the programme of activities of the Council for the ensuing year;
   • (e) approval of the annual budget;
   • (f) creation of specific reserve and other funds;
   • (g) amendment of Rules and Regulations;
   • (h) consideration of the inquiry and inspection reports, if any, and the compliance report of the Council on the action taken regarding the rectification of defects and remedying of the irregularities pointed out in the said reports;
     • (i) appointment of auditors;
   • (j) Consideration of any other matter which may be brought forward in accordance with the Rules;

Special General Body Meeting:

Officers and employees of the Council Officers and employees of the Council.-

1. (1) The Council shall-
   • (a) appoint treasurer and such other officers and employees as the Council deems necessary to enable it to carry out its functions under this Act; and
   • (b) with the previous sanction of the State Government, fix the pay and allowances and other conditions of service of all the officers and employees of the Council as per Regulations.
2. (2) The salaries and allowances of all the officers and the employees of the Council shall be defrayed out of the funds of the Council.

Funds of Council.-

1. (1) There shall be a Fund established under the management and control of the Council.
2. (2) The Fund shall consist of-
   • (a) The Financial grant if any received from the State Government;
   • (b) Any sum received under this Act whether by way of fee or otherwise.
3. (3) The Council shall meet all expenses and liabilities incurred by it out of that fund.
4. (4) The Council shall keep proper accounts of the Fund distinguishing capital from revenue in such manner as may be prescribed.
5. (5) The annual accounts of the Council shall be subject to audit by an auditor to be appointed annually by the Council.
6. (6) As soon as may be practicable at the end of each financial year, but not later than the thirtieth day of September of the year next following, the Council shall cause to be published in the Official Gazette, a copy of the audited accounts and the report of the Council for that year and copies of the said accounts and report shall be forwarded to the State Government.
7. (7) The funds standing in the credit of Council, which cannot immediately be utilised, shall be kept in fixed deposits in any bank specified in the Second Schedule to the Reserve Bank of India Act, 1934 and/or in any Government security or in any other security approved by the State or Central Government.

Functions of Council.- Subject to the provisions of this Act, the Council shall perform the following functions, namely:-

1. (a) To constitute a Registration Committee for the compliance of section19;
2. (b) To constitute a Disciplinary Committee as per section 31;
3. (c) To cause, to prepare and maintain a register of Professional Civil Engineers;
4. (d) To prescribe standards of professional conduct and etiquette and code of ethics for Professional Civil Engineers;
5. (e) To act as appellate authority over the decisions taken by the Registration Committee;
6. (f) To remove from the register the names of Professional Civil Engineers and to restore to the register the names of Professional Civil Engineers which have been removed;
7. (g) To exercise disciplinary powers conferred by this Act;
8. (h) To manage the property of the Council;
   • (i) To manage and control the fund established under sub-section

1. (1) of section 17;
   • (j) To keep proper accounts of the fund;
   • (k) To levy and collect fees from civil engineers applying for registration, Professional Civil Engineers and others;
   • (l) To perform such other functions as are laid down in this Act and in the Rules and Regulations;
   • (m) To organize training programs or seminars for updating skills in all fields of civil engineering; and
   • (n) To establish and promote Welfare Fund Scheme for the benefit of Registered Professional Civil Engineers.