Chapter VI MISCELLANIOUS

Authority not to permit construction unless engineering design is certified by Professional Civil Engineer.- Notwithstanding anything contained in any law for the time being in force, after the expiry of two years from the commencement of this Act, the State Government or any of its officers or a Local Authority or any of its officers or an Area Development Authority or Urban Area Development Authority constituted under the Karnataka Town Planning and Urban Development Act, 1976 or any of its officers shall not permit construction of a building falling under any of the clauses

1. (a) to
2. (d) of sub-section

1. (1) of section 36 unless the design or drawing of the building is certified by a Professional Civil Engineer.

Information to be furnished by the Council and publication thereof.- The Council shall furnish annual report, audit report, any other reports, copies of the minutes and other information to the State Government as and when the Government requires.

Protection of action taken in good faith.- No suit, prosecution or other legal proceeding shall lie against the Council or any member of the Council, or officers and other employees of the Council for anything which is done in good faith or intended to be done under this Act or any rule or Regulations made there under.

Control, Supervision and Supersession of the Council.-

1. (1) If at any time it shall appear to the State Government that the Council has failed to exercise, or has exceeded or abused any of the powers conferred upon it by or under this Act, or has failed to perform any of the duties imposed upon it by or under this Act, the State Government may, if it considers such failure, excess or abuse to be of a serious character, notify the particulars thereof to the Council, and if the Council fails to remedy such default, excess or abuse, within such time as the State Government may fix in this behalf, the State Government may dissolve the Council, and cause all or any of the powers and duties of the Council to be exercised and performed by such person or authority for a period not exceeding six months and there upon the funds and property of the Council shall vest in the State Government for the purpose of this Act until a new Council is constituted under section 3.
2. (2) When the State Government has dissolved the Council under sub-section (1), it shall take steps as soon as possible to constitute a new Council under section 3 and thereupon the property and funds referred to in sub-section
3. (1) shall revest in the Council so constituted.

Members of Council, officers and employees to be public servants.- The members of the Council and officers and other employees of the Council shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.

Power to remove difficulties.-

1. (1) 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 provision, 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 under this section after the expiry of two years from the date of commencement of this Act.
2. (2) Every order made under this section shall, as soon as may be after it is made, be laid before the State Legislature.

Power to make Rules.-

1. (1) The State Government in consultation with the Council make rules to carry out the purposes of this Act, by notification with previous publications in the Official Gazette.
2. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-
   • (a) The manner in which the elections under Chapter II shall be conducted, the terms and conditions of service of the member of the Tribunal appointed under sub-section
3. (2) of section 5 and the procedure to be followed by the Tribunal;
   • (b) The fee to be paid under section 20, sub-section
4. (2) of section 21 and sections 26, 27 and 28;
   • (c) The form in which a Certificate of Practice is to be issued under section 22;
   • (d) Further particulars to be included in the register under clause
   • (d) of sub-section
5. (2) of section 23;
   • (e) The form in which a duplicate certificate is to be issued under section 27;
   • (f) The manner in which the Council shall hold an inquiry under sub-section
6. (1) of section 30;
   • (g) Any other matter which is to be or may be provided by rules under this Act.
7. (3) The power to make rules conferred by this section shall be subject to the condition of the rules being made after previous publication.
8. (4) 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 revision by the State Legislature or to such modifications as the State Legislature may make during the session in which they are so laid or in the session immediately following.
9. (5) Any revision or modification so made by the State Legislature shall be published in the Official Gazette, and shall there upon take effect.

Power to make Regulations.-

1. (1) The Council may, with the approval of the State Government, make Regulations not inconsistent with the provisions of this Act or the Rules made there under, to carry out the purposes of this Act.
2. (2) In particular and without prejudice to the generality of the foregoing power, such Regulations may provide for-
   • (a) the management of the property of the Council;
   • (b) the powers and duties of the President and the Vice- President under sub-section
3. (3) of section 4;
   • (c) the summoning and holding of meetings of the Council, the times and places at which such meetings shall be held; the conduct of business there at.
   • (d) the manner in which the qualifications and experience shall be verified by the Council under sub-section
4. (1) of section 21;
   • (e) the manner in which an application is to be made and granted under sub-section
5. (3) of section 21;
   • (f) the standards of professional conduct and etiquette and a code of ethics to be observed by the Professional Civil Engineer under section 29;
   • (g) any other matter which is to be or may be provided by Regulations under this Act.