1 pil in-scibyengineers-22.02.2017vol1

PIL In Hon SCI By Chartered Engineers (India)-22.01.2017

of 168

Petitioners Satya Paul Chartered Engineer (India), Suraj Singh IntPE (India) FIE, Eng

Ashok Manhar Chartered Engineer (India)

February 22nd 2017

Hon'ble the Chief Justice of India and His

Lordship's Companion Justices of the Supreme

Court of India.

New Delhi- India

Original Jurisdiction

Public Interest Litigation (Draft)

Petition Reference PIL……………………………..Date………..

Petition Under Constitutional Article 32 (1) Public

Interest Litigation, Respecting Role of Architects

& Role of Civil Engineers/Structural Engineers &

Services Engineers on Building Development

Activities in India

Memorandum of parties

Petitioners

P1 Eng Satya Paul Chartered Engineer (India)MIE, 17/80 Geeta Colony Delhi 110031

Email [email protected]

Mobile 9899045177

P2 Eng Suraj Singh IntPE(India), Chartered

Engineer(India)FIE,

430 Sector 21B, Faridabad, NCR 121001


Mobile 9810610718

P3 Eng Ashok Manhar Chartered Engineer (India)MIE M Tech, PGD

C-11, 3rd Floor, Platinum Plaza, New Market Bhopal


Mobile 9826027108

Through In Person / Advocates

.................................................

mailto:[email protected]




of 168



Respondents

R1 Council of Architecture, an autonomous statutory body GOI, constituted under Architects Act 1972

Address

The Registrar & Secretary

India Habitat Centre, Core 6A, 1st Floor,

Lodhi Road, New Delhi-110003, India

E mail [email protected], [email protected]

[email protected]

https://coa.gov.in/index1.php?lang=1&level=1&sublin

kid=293&lid=271

https://coa.gov.in/index1.php?&lang=1&level=0&linki

d=6&lid=10

Tel: +91-11-24648415, +91-11-24654172 Fax: +91-11-

24647746

R2 Ministry of Law & Justice GOI Address

4th Floor, A-Wing, Shastri Bhawan, New Delhi-110

001

Landline 091-11-23012295/ 23793228


R3 Ministry of Human Resources & Development GOI Address

302, Shastri Bhawan, New Delhi-110 001


Landline +91-11-23782698(O) (Fax) +91-11-23382365

R4 Ministry of Urban development GOI Address

Shastri Bhawan, New Delhi


Landline +91-1123062377, Fax+91-11-23061459

R5 Institution of Engineers (India),IEI,

Established 1920 Under Companies Act & later

Incorporated by Royal Charter 1935 For IEI

Charter related clarifications & For Response to

Competency Byelaws

Address

The Secretary& Director General

8, Gokhale Road, Kolkata 700020




https://coa.gov.in/index1.php?lang=1&level=1&sublinkid=293&lid=271


https://coa.gov.in/index1.php?&lang=1&level=0&linkid=6&lid=10

https://coa.gov.in/index1.php?&lang=1&level=0&linkid=6&lid=10





of 168




Website www.ieindia.org

Landline (033) 2223 8335

Subject-Petition under Constitutional Article 32

(1) Public Interest Litigation, Respecting Role of

Architects & Role of Civil Engineers/Structural

Engineers & Services Engineers on Building

Development Activities in India

Pre Petition Notice (Refer to Petitioner’s Exhibit

PE20)

An Email based formal Notice was served on Ld

statutory body Council of Architecture on August 8th

2016 forenoon & its reminder #1 on August 25th 2016,

its reminder #2 on September 8th 2016 & its reminder

#3 on September 24th 2016 under copy each time to

Respondents Hon Ministries of Human Resources &

Development, Urban Development, Law & Ld Chartered

statutory body The Institution of Engineers

(India), requiring Ld statutory body Council of

Architecture to act on Issues raised on Notice,

regarding Encroachment on Engineers activities,

within profession with reference to their notified


http://www.ieindia.org/


of 168



Regulations under Architect Act 1972 Section 45 (2)

subsection (i) & pursuant to these Regulations,

Referral COA/DOC/03/2002/APR/12&13 (Refer to

Petitioner Exhibit PE 20)

QLI 1

Questions of Law Involved-(QLI) #1

Architects Act 1972, Under Section 45 (2)

Constitution of Architectural Professional Conduct

Rules (Refer to Petitioner’s Exhibit PE 17a &

PE17b)

1 Role of Architects’ on Buildings Designs &

Construction

QLI 2

Questions of Law Involved-(QLI) #2

The Institution of Engineers (India) Royal Charter

1935, (Refer to Petitioner’s Exhibit PE11b) which

is having force of a statute, with having an

objective as follows:

2 Promotion of General Advancement of Engineering,

Engineering Science & their applications in India’

3 ‘To promote and advance science, practice and

business of Engineering in all its branches


of 168



(hereinafter referred to as “Engineering”) in

India’,

Role of Chartered Engineers (India) Various

disciplines

Petition about ‘Building Engineering Professional

Activities’

This petition is related to Professional Activities

to be carried out by Architects, Chartered

Engineers (India), Professional Engineers (India) &

Engineers, attached to various professional

societies

NFRI&RS

(NFRI=Nature of Fundamental Rights Infringed)

(RS=Relief Sought)

Nature of Fundamental Rights Infringed & Relief

sought

Issues Included on this petitions, about

fundamental rights infringed, which are as listed

below

NFRI-Issue1 Plight of Chartered Engineers

(India) (Refer to Petitioner’s Exhibit PE11b,IEI


of 168



Charter Article 16), & per IPEA (Refer to

Petitioner’s Exhibit PE19) Professional Engineers

(India) & Engineers enrolled with various other

Professional Societies, who are unable to carry out

engineering professional practice, related to

Various disciplines, due to no public & state

awareness of Title Chartered Engineer (India), a

statutory chartered status granted under The

Institution of Engineers (India) Charter 1935

(Refer to Petitioner’s Exhibit PE11b,IEI Charter

Article 16),

NFRI-Issue2 Contravention/Violation of

Fundamental Rights, leading to debarring Chartered

Engineers (India) (Refer to Petitioner’s Exhibit

PE11b, IEI Charter Article 16), & per IPEA (Refer

to Petitioner’s Exhibit PE19) Professional

Engineers (India) (Refer to Petitioner’s Exhibit

PE19d, PE19e)& Engineers enrolled with various

other Professional Societies, from Conducting

Engineering Applications, Practise / Business in


of 168



India on Designs, Supervision & Construction of

Buildings

NFRI-Issue3 Encroachment on Civil Engineers

(Structures) Experts, on professional design &

field activities by Council of Architecture (COA),

under title of Comprehensive Architectural

Services, mandated, per COA regulations May 11th1989

& pursuant to that, URL


kid=293&lid=271

an Architectural Practice reference another URL


kid=293&lid=271COA/DOC/03/2002/APR/12&13, (Refer to

Petitioner’s Exhibit PE17b) for Comprehensive

Architectural Services part 1 & part 2, which list

confirms that Architects exclusively conduct all

required services for buildings, including all

Engineering services, though no description is

depicted for Engineers

NFRI-Issue4 Encroachment on Mechanical,

Electrical & Security Engineers etc. Expert



https://coa.gov.in/index1.php?lang=1&level=1&sublinkid=293&lid=271COA/DOC/03/2002/APR/12&13

https://coa.gov.in/index1.php?lang=1&level=1&sublinkid=293&lid=271COA/DOC/03/2002/APR/12&13


of 168



professional on design & field activities by

Council of Architecture (COA), under title of

Comprehensive Architectural Services, mandated per

COA regulations May 11th1989, & pursuant to that,

Architectural Practice reference

COA/DOC/03/2002/APR/12&13 (Refer to Petitioner’s

Exhibit PE17b) for Comprehensive Architectural

Services part 1 & part 2, which list confirms that

Architects exclusively conduct/s all required

Engineering services for buildings, though no

description is depicted for Services Engineers &

that factually, Architect is not

educationally/academically qualified for

Engineering Services

NFRI-Issue5 Global References (Informative)

(Refer to Petitioner’s Exhibit PE7, PE8)-World

Trade Organisation definitions, related to

Architectural & Engineering Services for benefit of

Hon court information

NFRI-Issue6 Guidelines by BIS (Bureau of Indian

Standards-Informative) (Refer to Petitioner’s


of 168



Exhibit PE9a,9b) published National Building Code

2005/& Model building bye law 2016 (Informative)

(Refer to Petitioner’s Exhibit PE10)-Ministry of

Urban Development for qualifications, competence &

practice, related to building professionals, which

gives voluntary decided competences, which are not

enforceable by law directly.

NFRI-Issue7 Royal Charter of The Institution of

Engineers (India) 1935, (Refer to Petitioner’s

Exhibit 11b) which Charter is still in force for an

objective of advancement of Engineering Science &

Engineering, promotion & application of Engineering

Business in all its branches of Engineering, which

requires/obliges to control & regulate Engineering

profession in all respects, due to fact that The

Institution of Engineers (India) IEI is Royal

Chartered to Issue Competencies Certificates to

Educationally & Academically Qualified, Experienced

& Tested, Engineers

NFRI-Issue8 International references to

Contracts organisations FIDIC & NEC UK


of 168



(Informative) (Refer to Petitioner’s Exhibit

PE23,24,25)

RS-Relief sought & Grounds on which it is sought

NFRI-Issue9 Prayer for ‘Quo Warranto’ to be

issued by Hon court to Government of India,

Government of all states, all authorities, all

local bodies & all municipalities & others,

lawfully permitting Chartered Engineers (India),

Professional Engineers (India) & Engineers attached

to various recognised Professional Engineering

societies promoting various Engineering

disciplines, to do freelancing Professional

practice of related Engineering field discipline

wise; &

Also, respectfully submitted to Hon court to pass

an order for removal of Non Architectural

discipline, Professional Engineering Services

mentioned/included, without naming any

specialisation of discipline Engineers, pertinent

building structures & building services from page

53 of Handbook of Architectural documents (Refer to


of 168



Petitioner’s Exhibit PE17b), Under Council of

Architecture, Architect Conduct Regulations,

Comprehensive Architectural Services, since all

Building Engineering structural designs,

construction & supervision, as well as, all

Buildings services designs, installations, testing

& commissioning are covered under constitution of

The Institution of Engineers (India) IEI Royal

Charter 1935 provisions with given definition of

‘Engineering in India’,

And, whereas IEI Royal Charter 1935 being a letters

patented law, title of Chartered Engineer (India),

Professional Engineer(India) & Engineers attached

to various other professional societies should be

protected by law, which requires that title

‘Engineer’ should be used only by Chartered

Engineers (India), Professional Engineer(India),

Engineers attached to other recognised professional

bodies as well as, by all those ‘Engineers’, who

draw every such entitlement from other Special

Acts, while all other persons not covered in


of 168



foregoing or said categories, but using or

subscribing this title ‘Engineer’ falsely for

professional practice objective be prohibited /

banned, with action taken under Indian Panel Code

in case of violation.

Your Honour

Foreward1 After having suffered for long by

adverse treatments, regarding Engineers

registration issues, made by various government

officials, We, Chartered Engineers(India) &

Professional Engineers(India) have contemplated to

seek remedy from Honourable SCI, since no desired

help or assistance could be drawn from any other

source

Foreward2 Being aggrieved Practising Engineers /

Professional Persons, who have been obstructed from

practicing freelancing Engineering profession, we

humbly submit prayer upon Hon SCI to admit this PIL

on behalf of Indian Engineering Community that has

suffered & has been suffering continuously, as such


of 168



Foreward3 Certain references, such as Provisions

on Architect Act 1972, Transcript of IEI Royal

Charter 1935, IEI Royal Charter Copy, WTO UNCPC

Service Codes, Reference to International Codes &

others, included with this petition, as Attachment

Exhibits & briefly described within

Questions of Laws prayed to be considered,

determined & adjudicated by Hon SCI

Question 1 Whether or not, an Architect is legally

competent to conduct & deliver buildings works,

related to Structural Design Engineering & related

to Structural Site Engineering, when Bachelor

Degree or equivalent in Architecture does not

include/integrate Bachelor Degree or equivalent in

Civil Engineering(a competent branch of engineering

for works of structural designs, construction &

supervision), which is a separate specialisation in

Engineering? Civil Engineering programmes are

approved by AICTE for purpose of Educational

recognition, & whereas, by The Institution of


of 168



Engineers [India] for purpose of granting Chartered

Engineer[India] status

Question 2 Whether or not, an Architect is legally

competent to conduct & deliver buildings works,

related to HVAC [Heat Ventilation Air Conditioning]

Electrical, Security, Elevators etc. Services

Engineering & Related Services Site Engineering,

when Bachelor Degree in Architecture or equivalent

does not include Bachelor Degree in Mechanical &

Bachelor Degree in Electrical Engineering, which

are separate specialisations in Engineering? These

Engineering programmes are approved by AICTE for

purpose of Education, whereas, by The Institution

of Engineers [India] for purpose of granting

Chartered Engineer[India] status

Question 3 On What basis definition enumerated

within Scope of Activities, required to be

conducted by an Architect, registered under Council

of Architecture have encroached upon Buildings

Engineering related activities of Systems Designs &


of 168



Site Managements, which are specialist disciplines

in Civil, Mechanical & Electrical Engineering?

Question 4 Whether or not, The Institution of

Engineers (India) constituted by Royal Charter 1935

which is still in force, a consistent & competent

body (with statutory force)/equivalent statute to

regulate Engineering Profession & Engineers?

Question 5 Whether or not, a Chartered Engineer

(India), product of The Institution of Engineers

(India)’s Corporate Membership is legally competent

to conduct & deliver buildings works development

activities, related to Civil Engineering branch of

engineering, including all buildings?

Question 6 On what basis Chartered Engineers

[India] have been debarred from conducting all such

building activities, related to buildings, per

Engineering Applications provisions enshrined,

within IEI Royal Charter 1935, which Engineering

provisions encroached upon by Council of

Architecture by including all such activities under

scope of architecture profession, while


of 168



Certification of Competencies & Licensing

encroached by Development Authorities, Local bodies

& Municipalities by enacting relevant byelaws,

which are unconstitutional?

Question 7 On what basis, all Municipalities &

Local bodies do not permit Chartered Engineers

[India] & Professional Engineers [India] to

practice/work directly, without obtaining these

bodies issued arbitrary licensing or registration?

Professional licensing is an entry/item provided

under COI Concurrent List & not included in State

List

Question 8 Shall ‘Engineer’ title be protected

under mandate of The Institution of Engineers

(India)Royal Charter 1935, so as to avoid it from

misuse by unqualified persons

Rights to Constitutional Remedies under COI

References COI

Constitutional Article 32 (1)

Right to move Supreme Court by appropriate

proceedings for enforcement of rights conferred by

this Part is guaranteed.


of 168



Constitutional Article 32 (2)

Supreme Court shall have power to issue directions

or orders or writs, including writs in nature of

habeas corpus, mandamus, prohibition, quo warranto

and certiorari, whichever may be appropriate, for

enforcement of any of rights conferred by this

Part.

Petition Submission

Prayer made on this petition, which explanation has

been included at conclusive end of this application

Prayer1 Kindly delete / remove / declare void /

undefined / untitled role of Civil Engineers /

Structural Engineers disciplines in Architect’s

name from Architects Act 1972 & Conduct

Regulations 1989 May 11th1989, Architectural

Practice (COA/DOC/03/2002/APR/12&13)

Comprehensive Architectural Services part 1 &

part 2

Prayer2 Kindly delete / remove / declare void /

undefined / untitled role of Building Services

Engineers, such as Mechanical Engineers,,


of 168



Electrical Engineers & others disciplines in

Architect’s name from Architects Act 1972 &

Conduct Regulations 1989 May 11th1989,

Architectural Practice

(COA/DOC/03/2002/APR/12&13) Comprehensive

Architectural Services part 1 & part 2

Prayer3 Kindly adjudicate that Chartered

Engineers (India) & per IPEA Professional

Engineers(India) & Engineers, enrolled with

various other Professional Societies are legally

authorised to be invited by public, by states/by

central government, by all authorities & others

for buildings designs & supervision /

superintendence freelancing practice, related to

all buildings structural designs, buildings

construction supervision, superintendence,

construction completion etc. as is required by

law & under bye law of relevant bodies, and that

title ‘Engineer’ should be used only by Chartered

Engineer(India), Professional Engineer (India) &

Engineers attached to all recognised professional


of 168



societies as well as those Engineers, who have

been designated ‘Engineer’ under certain special

Acts & that hereinafter, no other person should

be allowed to use this title ‘Engineer’ & its

combination with Chartered or Professional or

International description for purpose of

professional practice. And whatever & wherever,

is done, every unauthorised use of this title by

every person, involved, every such person should

be prosecuted, per Indian Panel Code applicable

provisions.

Sheweth

1.00 Para A

Plight of Chartered Engineers (India) Issue 1

Issue Involved & Explanation

1.00.1 Adverse impact on fundamental rights,

enshrined under constitution Article 19(G) ‘Right

to freedom to practise any profession, or to

carry on any occupation, trade or business.’

1.00.2 Adverse Impact on Engineers Profession by

Architect Act 1972/Comprehensive Architectural

Services Regulations 1989, May 11th1989 & pursuant


of 168



to it, Architectural Practice reference

COA/DOC/03/2002/APR/12&13 Comprehensive


1.00.3 Architects are governed under Architects Act

1972 (No 20 of 1972)

2.00 Para B

Violation of Fundamental Rights Issue 2

(Refer to Petitioner’s Exhibit PE 17)

2.00.1 Quotes from Architects Act 1972, May 31st

1972; & Conduct Regulations, May 11th 1989

Architectural Practice

Reference COA/DOC/03/2002/APR/12&13 Comprehensive


2.00.1a Architect Act provides for Registration

of architects & matters connected therewith

2.00.2 Section 2 Architect Act 1972

a States that architect means any person, whose

name for time being entered in register

2.00.3 Section 2b Architect Act 1972

a States that Council of Architecture means,

council constituted under section 3


of 168



2.00.4 Section 2 e Architect Act 1972

a States that Register means, Register of

architects maintained under section 23

2.00.5 Section 3 (3)g Architect Act 1972 in

explanation defines The Institution of Engineers

(India) first registered in 1920 under companies

Act & subsequently, incorporated by Royal Charter

in 1935


2.00.6 Under chapter IV Architect Act 1972

Miscellaneous Section 45 (1) & (2)

2.00.7 Section 45 (1) Architect Act 1972

a Council may with approval of central government

(by notification in official gazette) make

regulations not inconsistent with provisions of

this Act or rules made there-under to carry out

purpose of this Act


2.00.8 Section 45 (2) Architect Act 1972

In particular & without prejudice to generality of

forgoing power, such regulation may provide for


of 168



2.00.8-a Management of property of council

2.00.8-b Powers & duties of president & vice

president of council

2.00.8-c Summoning & holding meetings of council

& executive committee or any other committee

constituted under section 10, times & places at

which, such meetings shall be held, conduct of

business thereat & number of persons necessary to

constitute a quorum

2.00.8-d Functions of executive committee or of

any other committee, constituted under section 10

2.00.8-e Courses & period of studies & of

practical training, if any to be undertaken,

subjects of examination & standards of proficiency

therein to be obtained in any college or

institution for grant of recognized qualifications

2.00.8-f Appointment powers duties of inspector

2.00.8-g Standards of staff equipment

accommodation training & other facilities for

architectural education


of 168



2.00.8-h Conduct of professional examinations,

qualifications of examiners & conditions of

admissions to such examinations

2.00.8-i Standards of professional conduct &

etiquettes & code of ethics to be observed by

architects

2.00.8-j Any other matter which is to be or may

be provided by regulations under this Act & in

respect of which no rules have been made

Unquote

3.00 Para C

Professional Encroachments Issue 3 & 4

(Refer to Petitioner’s Exhibit PE 17b)

3.00.1 And under Architects Professional Conduct

Regulations 1989 May 11th 1989 & pursuant to it,

Architectural Practice ref COA/DOC/03/2002/APR/12 &

13 Comprehensive Architectural Services part 1 &

part 2

Conditions of engagement & Scale of Charges

Quote

3.00.2 Preamble


of 168



Primary objective of structural design is to evolve

a strong, durable & an efficient skeleton, so that

space which architecture encloses & form in which

it expresses itself as interior content & an

exterior container, becomes an organic container,

becomes an organic extension of one another.

Structure is so fundamental to architecture that it

actually determines its two pronged functions,

utilitarian appropriateness & expressive power of

aesthetics. Structural design as a creative

discipline assumes an indispensable position, as a

natural extension of architectural design.

Endowed with an extraordinary power or

conceptualisation & creativity, an architect can

conjure up unprecedented structural systems,

leading to genesis of designs-ideas introducing new

concepts of space & forms.

In other words, architect’s contribution to

structural design can effectively bring about

qualitative change in built environment to


of 168



stimulate environment of society towards a higher

order of civilization

Unquote

Explanation (3.00 Para C) on preambles by

petitioner

Explanation-3.00-1 ‘Preamble mandates that an

objective of ‘structural design’ is to evolve a

strong durable & an efficient skeleton’

Explanation-3.00-2 Only a qualified & expert civil

/ structural engineer can be authorised to design a

Reliable structure, since Reliability in terms of

Engineering codes means Safe structure + Serving

structure + Durable structure, while structure

requires to be designed according to buildings

limits requirements, whether building demands

Service Limit State design or it needs Ultimate

Limit State designs, which both limits are included

within structural engineering domains.

Explanation-3.00-3 A educational & professional

safety slogan is generally used on projects, which

is as such, Safety is a must, if you know safety


of 168



you know no pain, while, you do not know safety,

you know pain. Safety is extremely significant in

life of ours, which if condoned by whatever

reasons, would consequence in huge losses of human

power, losses of natural resources & losses of

national potential.

Explanation-3.00-4 Safety consideration during

designs, during carrying out preparatory works,

during operating permanent activities, during

operating heavy equipment, during working in

hazardous areas, consideration of ecological

affects, which all points require in depth

analytical approach, during working out risks &

reaching risk combating resolutions from

engineering designs & prosecution viewpoint

considerations.

Explanation-3.00-5 While working out structural

design formations, since it is not merely, design

engineering formula or software dependence to reach

design solutions, but a contemporary & a

calculative approach must be inculcated into


of 168



application of defined design procedures, wherein

issues of working safety on site, serving safety of

structure world direct & it is not correct merely

to consider that an only economic cost wise design

should be destined, but preferably, a design

solution that extracts maximum design & serving

benefits from materials to be used permanently.

Explanation-3.00-6 History in ours announces about

number of failures during work, pertinent systems

of formwork installations for RCC slabs & buildings

collapse post constructions are many. What

inference can be drawn from such mishaps, which

result in incalculable losses of all kinds, & which

cannot be counted in financial terms?

Explanation-3.00-7 All designs & construction

activities should therefore, be conducted only by

Professional qualified to defined criteria or

defined marks, so that all risk factors that can

adversely impact works & future of buildings &

structures must in every respect & condition be

handled by competent professionals only & not by


of 168



those, who do not attain required professional

skills & usually by law, claim that such works are

their relevant competency accordingly, even If it

does not, & by having inconsistent educational

background, for Architects are not competently

qualified for carrying out professional structural

design works & also, affecting adequate safety

required to be implemented on all works.

Explanation-3.00-8 Architect preference is always

given to beautification of every building, in

preference to safely working on work site &

producing a safe, serving & durable building,

combination of which criteria terms structural

reliability, which necessity must be achieved by

buildings, so that residents or occupants may sleep

in sound mode, without considering any negative

impetus. It has been observed evidently, that

architects do not insist building owners to manage

safety requirements on a regular basis.

Explanation-3.00-9 No architect can construct

design meaning, related to these requirements of


of 168



structures & therefore, not expected to work on &

deliver structural design independently, without

support of either Civil engineer or Structural

engineer

Explanation-3.00-10 Preamble also, states that

Structure is so fundamental to architecture, which

statement speaks tonnes of volumes & announces

value of structure for purpose of designs &

prosecution

Explanation-3.00-11 Buildings structures are not

that simple as are being evaluated as such.

Explanation-3.00-12 Buildings framing is too

complicated from structural design & structural

execution & prosecution viewpoints

Explanation-3.00-13 Many design factors are

required to be contemplated, analysed, then applied

& again analysed, applied & kept optimising

designs, so that most economical & best performing

design is achieved

Explanation-3.00-14 Building is a live structure,

which has to serve its intended purpose to safely


of 168



carry various types of actions to be imposed upon

it as well as, various varying actions imposable

from time to time

Explanation-3.00-15 Structure is subject to

persistent & transient loadings/actions

Explanation-3.00-16 Structure is also, subject to

accidental loadings

Explanation-3.00-17 Structure also, requires that

it be designed for corrosion protection of steel,

which is an engineering technology

Explanation-3.00-18 Structure has to be equally

resistant to seismic actions, wind action, fire

loads etc.

Explanation-3.00-19 All these actions & applicable

theories are available in various international

codes, most recently EURO codes were published in

58 parts of structures/codes applicable to

buildings & other structures, mandatorily effective

2010 which are very descriptive & even engineers

consume lot of time to understand them


of 168



Explanation-3.00-20 These codes are required to be

applied globally & many countries in addition to

Europeon Union nations have already started

implementing them

Explanation-3.00-21 Foregoing Preamble states that

Endowed with an extraordinary power or

conceptualisation & creativity, an architect can

conjure up unprecedented structural systems

Explanation-3.00-22 It is inappropriate to accept

that a professional person, who is aware of very

elementary knowhow, regarding structural

engineering can claim that such incumbent architect

can deal with structures independently, which

structures are complicated in professional design &

professional execution approach

Explanation-3.00-23 Buildings cannot be taken for

granted as has been considered, within Regulations

framed / constituted under Architect Act 1972 in

year 1989 & Comprehensive Architectural Services

Document pursuant thereafter, which do not serve


of 168



any public interest, but put public safety at risk

of life & money / risk to resources

Explanation-3.00-24 How much technology an architect

has been educated with, regarding fire sustainable

/ resisting structural framing is a wider question

Explanation-3.00-25 Structure of building requires

checking gravity action loads, lateral action

loads, structural stiffness, moments & shear

forces, deflections in all directions, sways,

vibratory loads, unequal settlements, overturning

of buildings, foundation subsidence, soil

liquefaction, working out centre of gravity, work

of diaphragm, shear walls, permanent settlements as

well as recoveries & many other required

parameters, which directly or indirectly impact on

buildings structural designs

Explanation-3.00-26 Building is not considered in

designs element wise, such as columns & beams etc.

but whole structure as a unit to function safe /

reliable accordingly, while designs of columns,

beams & suspended slabs are taught only for


of 168



structural elementary knowledge, which cannot be

professionally / decisively applied during practice

Explanation-3.00-27 Temperature during fire can rise

up to 1500 degrees Celcius, which no architect can

respond about how to tackle structures accordingly

for at least 2 hours developed fire risk, which

consideration requires contemplation & analytical

concept, related to varying sizes of structural

sections of columns & beams, which would certainly

lead to adoption of concept of full section as well

as, reduced section, during either of fire or

developed fire as well as, compartmental fire

Explanation-3.00-28 Structural construction

requires detailed knowledge & related application

of concrete technology that has developed immensely

& lack of adequate knowledge about this technology

can lead to production of defective concrete on

structure, poured / cast on site & once structural

concrete is produced defective, it is not so east

to impart / provide remedial actions on hardened

concrete, which in turn would necessitate to


of 168



dismantle defective structure & rework costing

time, resources & add to augment environment

pollution

Explanation-3.00-29 It is therefore, true to

consider & conclude that an architect cannot be

authorised to design & execute structures

independently as an engineering professional

practitioner

Explanation-3.00-30 Structures can be designed,

prosecuted & supervised only by Chartered Civil

engineers & qualified Structural engineers, and

that structural stability can be certified only by

Chartered Engineers(India)

Explanation-3.00-31 There could be hundreds of

additional structural points that can be considered

for explanation, yet sufficient points have been

included, keeping abreast statement submission

brevity

4.00 Para D

(Refer to Petitioner’s Exhibit PE 17a & PE 17b)

Quote


of 168




4.00.1 Part 1-Architecture

4.00.1.1 Taking clients instructions &

preparation of design brief

4.00.1.2 Site evaluation, analysis & impact of

existing &/or proposed development on its immediate

environs

4.00.1.3 Design & site development

4.00.1.4 Structural design

4.00.1.5 Sanitary, plumbing, drainage, water

supply & sewerage design

4.00.1.6 Electrical, electronics, communication

systems & design

4.00.1.7 Heat ventilation & air conditioning

design (HVAC) & other mechanical systems

4.00.1.8 Elevators, escalators etc..

4.00.1.9 Fire detection, fire protection &

security systems etc

4.00.1.10 Periodic inspection & evaluation of

construction works



of 168



4.00.2 Part 2-Allied fields

4.00.2.1 Landscape architecture

4.00.2.2 Interior architecture

4.00.2.3 Architectural conservation

4.00.2.4 Retrofitting of buildings

4.00.2.5 Graphic design & signage

Unquote

5.00 Para E


Quote

5.00.1 Architect’s role & responsibilities

5.00.2 Provision 9.0 Execution of assignment

5.00.3 Provision 9.02 Architect shall appoint

specialised consultant in consultation with client

if necessary

(Explanation on (5.00-Para E) by petitioner)-

Explanation-5.00-1 Civil /Structural engineer is a

specialist professional, who should be appointed by

client.

Explanation-5.00-2 It is a civil / structural

engineer, who is responsible for structures design


of 168



& structural construction & not an architect, since

detailed structural engineering is a part of civil

engineering )

5.004 Provision 9.03


Architect shall be responsible for direction &

integration of consultant’s work. Consultant shall

however be fully responsible for calculations,

detailed designs & periodic inspections &

evaluation of work entrusted to them.

Architect if requested shall make design

calculations available

(Explanation on (5.00-Para E) by petitioner)-

Explanation-5.00-01 Civil / Structural engineer can

be considered responsible for design only, when he

is considered a professional engineer & not merely,

a calculation clerk.

Explanation-5.00-02 In fact this provision within

this regulation is against professional ethics &

which erodes professional work grade evaluation of

Engineer


of 168



Explanation-5.00-03 On what basis, Civil

engineer/Structural engineer can be held

responsible for consequences, when direction of

designs requires to be given by Architect & even

integration into building is mandated Architect’s

responsibility

Explanation-5.00-04 This regulation completely

erodes Engineer’s profession)

Explanation-5.00-05 In fact it is Chartered

Engineer(India) Civil, who is authorised for all

structural engineering designs, supervision,

superintendence, issue structural stability

certification & issue completion of all structural

works whatsoever on buildings or otherwise

5.005 Provision 12.0


Ownership of copyright

5.005-a Architectural design is an intellectual

property of architect.

5.005-b Drawings, documents, models as

instruments of service are property of architect,


of 168



whether project for which these are made executed

or not executed. Client shall keep copies of

models, drawings, specification & other documents

for his information & use for project.

5.005-c These shall not be used for any other

project by client, by other architect or by any

other person except for repetition as stipulated on

scale of charges

5.005-d (Explanation on (5.00 Para E) by

petitioner)-

Explanation-5.005-d-1 It is also, inappropriate to

mandate that all works done by Civil / Structural

Engineer is a copyright to be owned by an

Architect, which cannot be allowed, since provision

is illegal to an extent, work of a Professional/

Chartered Engineer relates to, since all design

calculations & decisions are based on intellectual

property standard & research activity & therefore,

amounts to intellectual status, which copyright

cannot be owned by other professional, which is

this case is an architect.


of 168



6.00 Para F


6.00.1 Schedule of Services

Concept design stage 1

6.00.1-a Ascertain client’s requirement, examine

site constraints & potential & prepares design

brief for client’s approval

6.00.1-b Prepare report on site evaluation, state

of existing buildings, if any & analysis & impact

of existing & or proposed development on its

immediate environs

6.00.1-c Prepare drawings & documents to enable

client to get done, detailed survey & soil

investigation at site of project

6.00.1-d Furnish report on measures required to

be taken to mitigate adverse impact, if any of

existing or proposed development on its immediate

environs

6.00.1-e Prepare conceptual designs with

reference to requirements given & prepare rough

estimate on cost on area basis


of 168



6.00.1-f (Explanation on (6.00 Para F) by

petitioner)-

Explanation-6.00-1 State of existing structures,

related investigation to ensure either degradation

of concrete or damage caused to its components,

site soil investigation / geotechnical details,

bore logs understanding, knowledge related to soil

water relations & relevant mobility, sulphates,

other contents & understanding about underneath

soil & rock stratification, rock quality

designation, value of N (number of blows),all

laboratory tests, all such topics relate to civil

engineering domain & it is inappropriate to allow

an architect to entrust with such conducting high

technological parameters responsibilities

Explanation-6.00-2 All other structural concrete

ingredients, admixtures, other contents can only be

reviewed, construed for fitness & parametric

applications etc. can only be decided by Chartered

Engineers (India)

6.00.2 Preliminary design & drawings stage 2


of 168



6.00.2-a Modify conceptual design incorporating

required changes & prepare preliminary drawings,

sketches, study models etc. for client’s approval,

along with preliminary estimate of cost on area

basis

7.00 Para G

Drawings for client’s statutory approval stage 3

7.00-a Prepare drawings for client’s statutory

approvals & ensure compliance with codes, standards

& legislation as applicable & assist client in

obtaining statutory approvals thereof if required

8.00 Para H


Working drawings & tender documents stage 4

8.00-a Prepare working drawings, specification &

schedule of quantities, sufficient to prepare

estimate of cost & tender documents including code

of practice covering aspects, like mode of

measurements, method of payment, quality control

procedures on materials & works & other conditions

of contract


of 168



(Explanation on (8.00 Para H) by petitioner)-

Explanation-8.00-1 working drawings related to

structural designs cannot be entrusted to an

architect, since it is domain of civil engineering)

Appointment of contractors stage 5

8.00-b-a Invite receive & analyse tenders, advise

client on appointment of contractors

9.00 Para I

Construction stage 6

9.00-a Prepare & issue working drawings & details

for proper execution of works for construction

9.00-b Approve sample of various elements &

components

9.00-c Check & approve shop drawings submitted by

contractors/vendors

9.00-d Visit site of work at intervals mutually

agreed upon to inspect & evaluate construction

works & where necessary clarify any decisions,

offer interpretation of drawings/specifications,

attend conference & meetings to ensure that project

proceeds generally in accordance with conditions of


of 168



contract & keep client informed & render advice on

actions if required

9.00-e In order to ensure that work at site

proceeds in accordance to contract

documents/drawings & to exercise time & quality

controls, day to day supervision would be carried

out by a construction manager (clerk of works/ site

supervisor or construction management agency in

case of a large & complex project), who shall work

under guidance & direction of architect & shall be

appointed & paid by client

9.00-f Issue certificate for virtual completion of

works

(Explanation on (9.00 Para I) by petitioner)-

Explanation-9.00-1 Working drawings, related to

structural designs cannot be entrusted to

architect, since it is domain of civil engineering

Explanation-9.00-2 Inspections & approvals of all

structural operations should only be conducted by

either Civil or Structural Engineers, since

construction is equally important, so that quality


of 168



work on structures are carried out on site, keeping

site safety, working safety & ensuring public

safety intact.

Explanation-9.00-3 As stated earlier, it is very

easy to pour concrete carelessly, but once worked

wrong, it requires to be reworked, which means loss

of resources & time)

Explanation-9.00-4 International Quality Management

System 9001-2015 effective September 2015 requires

professionally qualified experts for carrying out

all engineering activities, whereas all

responsibilities lie/s on obligations of

professional leaders of respective disciplines,

where Chartered Engineers (India) are professional

leaders, related to Civil & Structural Engineering

activities / operations & architects are considered

leaders of architectural space design & therefore,

cannot be considered designated for Structural

Engineering operations.

10.00 Para J


Completion stage 7


of 168



10.00-a Prepare & submit completion reports &

drawings for project as required & assist client in

obtaining Completion / Occupation certificate from

statutory authorities, wherever required

10.00-b Issue 2 sets of as built including

services & structures

(Explanation on (10.00 Para J) by petitioner)-

Explanation-10.00-1 It is inappropriate to state

that an architect can issue structural completion,

since architect is not an expert on structural

engineering, which requires services of a Chartered

Civil Engineer/ Structural Engineer to carry out

structural prosecution & conduct related site

inspections, including conducting on site & off

site materials testing, such as concrete slump

compliance to specifications, concrete temperature

compliance at delivery from truck, air voids being

within complying / within prescribed limits,

supervision & witnessing concrete cube test in

laboratory, supervision & witnessing concrete core

test in laboratory, supervision & witnessing core


of 168



capping compound test, conducting full range test

of aggregates, conduct site workmanship monitoring

all relevant items, ensuring acceptable concrete

temperature during pour, ensuring avoiding

formation of cold joints during pour between two

consecutive batches of concrete, ensuring no honey

combing is formed, ensuring no opening of concrete

formwork exists during pour, ensuring correct bar

bending schedule production & ensuring placement

rightly in correct positions all bar bending

schedule based reinforcing bars, ensuring addition

of ice for temperature control of mixed concrete &

ensuring percentages of other chemical admixtures

to be added to concrete mix, proper use of concrete

vibrators, ensuring adequate curing by water, by

curing compound as well as thermal curing, if so

required conducting on site load test, pile test &

affect various other engineering considerations,

which cannot be conducted by architects

independently


of 168



Explanation-10.00-2 Chartered Engineer (India) Civil

requires to ensure compliance with specified

properties of soil at site in relation to moisture

content, density etc. as well as, ensure proper

soil compaction in layers of acceptable depth of

each layer & also, design required soil site mix,

when imported soil or site excavated soil fails to

indicate or provide successfully desired properties

from tested parameters

Explanation-10.00-3 Chartered Engineer(India)

requires to decide regarding, ordinary fill, desert

fill, granular fill as well as engineered fill,

which one to specify for foundations & below ground

Explanation-10.00-4 Chartered Engineer (India)

requires to ensure that adverse result of

dewatering operation, which operation is

essentially required to be applied in case of water

table that exists near ground, may not impact badly

other surrounding structures, which situation may

lead to unequal settlement of those structures with

consolidated foundation soil, should necessary


of 168



precautions are not observed during continuous

dewatering, which remains working until foundations

are completed with structure raised up to level

above existing water table level

Explanation-10.00-5 Chartered Engineer (India)

requires to decide, whether or not, foundation

excavation needs inclusion of RCC diaphragm walls

permanently or sheet piling supports, which all

professional decisions to be made are complicated &

therefore, it is essential to investigate

theoretically & practically in engineering details,

which an architect certainly lacks knowledge of

such specialised skill.

Explanation-10.00-6 This means when an architect is

not adequately qualified to control all aforesaid

engineering operations requirements, it would be

inappropriate to allow an architect supervise on

site, all such significant & specialised structural

construction

Explanation-10.00-7 And if either Chartered Civil

Engineer or Structural Engineer has to carry out


of 168



all such activities on site, there is no justified

legal basis that completion certificate should be

issued by an architect, as mandated by regulation

1989

Unquote

11.00 Para K


Submission

11.00-a Section 45(2) Architect Act 1972 which

is a mandate to issue regulations, applies to

conduct of architects duties only

11.00-b “Standards of professional conduct &

etiquettes & code of ethics to be observed by

architects”

Surprisingly, this List includes Structures, Soil

investigation, Public health, Electrical,

Mechanical, Elevators, Escalators, Fire loss

prevention, etc. all disciplines applicable on

buildings

Indication is given below


of 168



11.00.1 Taking clients instructions &

preparation of design brief (architectural concept

should be within architect’s role, structural

concept should be within engineer’s role)

11.00.2 Site evaluation, analysis & impact of


environs (it should be a combination of architect &

engineer’s roles or engineer’s role alone)

11.00.3 Design & site development (soil

investigation & soil report interpretation is not

within Architect’s role, it is a specialization

subject in civil & geotechnical engineering,

foundation design is not within architect's role)

11.00.4 Structural design (It should be within

Civil Engineer’s role in design, supervision &

superintendence as well as, certification of

structural completion with issue of stability of

structure should be within Civil Engineer’s role)

11.00.5 Sanitary, plumbing, drainage, water

supply & sewerage design (It should be within

Civil Engineer’s role)


of 168



11.00.6 Electrical, electronics, communication

systems & design (Should be within Electrical &

electronics engineer’s role)

11.00.7 Heat ventilation & air conditioning

design (HVAC) & other mechanical systems (Should be

within Mechanical Engineer’s role)

11.00.8 Elevators, escalators etc.(Should be

within Equipment specialization in other

disciplines role)

11.00.9 Fire detection, fire protection &

security systems etc (Loss prevention Should be

within a specialization in other disciplines)

11.00.10 Periodic inspection & evaluation of

construction works (structural part Should be

within Engineer’s role, foundations part should be

within engineer’s role, soil backfill should be

within engineer’s role, settlement control should

be within Engineer’s role)

(Explanation on (11.00 Para K) by petitioner)-

Explanation about Comprehensive Architectural

Services part 1 & part 2


of 168



Explanation 11.00-1 It is clear from above named

responsibilities that many jobs discipline

definitions do not come under description of

Architect’s role

Explanation 11.00-2 Few disciplines

responsibilities come under Civil Engineer’s role

Explanation 11.00-3 Few disciplines

responsibilities come under Building Services

Engineers’ roles

Explanation 11.00-4 Means Council of Architecture

has encroached upon other engineering branches’

responsibilities in name of ‘architectural scope of

services’, which is against very spirit of

Architects Act 1972 as well as, IEI Charter 1935

Explanation 11.00-5 This encroachment upon other

engineers’ responsibilities has kept general public

distant from other engineers, such as Chartered

Civil Engineers, other expert Chartered Services

Engineers

Explanation 11.00-6 Without Chartered Civil

Engineers being engaged on buildings, there can be


of 168



given no guarantee of delivering a safe / reliable

structure to public

Explanation 11.00-7 All non architectural

responsibilities covered under these impugned /

disputed architect conduct regulations 1989 &

pursuant Architectural Comprehensive Services

document thereafter should be declared void, so

that public could also, engage & use other

professionals to seek such buildings professional

services in a proper manners

Explanation 11.00-8 This is an exclusive solution

to produce quality buildings all over globe &

should be applied to India as well

12.00 Para L



Communicated to Council of Architecture

Mail 1-

A mail was communicated to Council of Architecture

as given below


of 168



On Friday, July 15th 2016, 17:39, suraj singh

<[email protected]> wrote:

Scope of Architect Per Regulations Constituted

Under Architect Act 1972 & Scope of Engineer

Encroachment

suraj singh <[email protected]>

To [email protected]

CC [email protected] [email protected]

[email protected] [email protected]

BCC Ashok Manhar and Associates2

Jul 15 at 5:39 PM


Under Architect Act 1972 & Scope of Engineer

Encroachment

Dear Sir,

I am a Chartered Engineer(India) & IntPE(India)

Civil Engineering

I have gone through regulations, pertinent Scope of

architect, constituted under Architect Act 1972,

which are reproduced below for reference









of 168



Comprehensive Architectural Services-According to

COA

Scope of work

Architect is required to provide following services

13.00 Para M


13.00-Part 1-Architecture

13.00-1 Taking clients instructions &

preparation of design brief

13.00-2 Site evaluation, analysis & impact of


environs

13.00-3 Design & site development

13.00-4 Structural design

13.00-5 Sanitary, plumbing, drainage, water

supply & sewerage design

13.00-6 Electrical, electronics, communication

systems & design

13.00-7 Heat ventilation & air conditioning

design (HVAC) & other mechanical systems

13.00-8 Elevators, escalators etc.


of 168



13.00-9 Fire detection, fire protection &

security systems etc

13.00-10 Periodic inspection & evaluation of

construction works

14.00 Para N


14.00-Part 2-Allied fields

14.00-1 Landscape architecture

14.00-2 Interior architecture

14.00-3 Architectural conservation

14.00-4 Retrofitting of buildings

14.00-5 Graphic design & signage

Regulations mandate that all foregoing activities,

an architect can deliver under professional

services!!!

Is this acceptable to profession of architect?

14.00-01 Is architect a Structural / Civil

Engineer?

14.00-02 Is architect a Mechanical Engineer?

14.00-03 Is architect a Soil Engineer?

14.00-04 Is architect a Structural specialist?


of 168



14.00-05 Is architect a Fire Engineer?

14.00-06 Is architect a retrofitting engineer?

All foregoing disciplines, excepting architectural

designs, relate to non architect discipline

All other non architecture building activities, as

stated included within architecture scope of

services are encroachments on other qualified

professionals, who have been deprived virtually

from performing respective professional activities,

due to foregoing incompatible & illegal activities,

defined & included on Scope of Architect

Therefore, it is requested that Council of

Architecture re-constitute by statutory amendments

to Scope of architects job descriptions

It is also, requested that Ministry of Human

resources study & help amend mistake done by

regulations constitutions, so that Lakhs of other

professionals do not suffer from performing legal

duties

Structural engineers/Civil engineers have been left

nowhere to be involved on buildings activities in


of 168



Bharat/India, which amendment of Regulations

exercise, would certainly benefit, national

development

IntPE Suraj Singh

15.00 Para O


Mail-2-

Another mail was communicated to Council of

Architecture & Ministry of Human Resources &

Development on July 28th 2016


To [email protected] [email protected]

[email protected]

CC [email protected] [email protected]

[email protected] [email protected] Satya Pal

Jul 28th at 5:47 AM

The President

Council of Architecture

India Habitat Centre, Core 6A, 1st Floor, Lodhi

Road, New Delhi-110003 India Tel: +91-11-79412100

(30 Lines) Fax: +91-11-24647746 91-11-23782698,











of 168



23782387, 23782028 (Fax)

HE Minister of Human Resources & Development

Dear Sirs,


Under Architect Act 1972 & Encroachment on Scope of

Engineers Roles

A mail was forwarded as attached

It is requested that Council of Architecture &

Ministry HRD should look into issue of professional

encroachment on role of Civil Engineers /

Structural Engineers & other services engineers

All roles related to non architectural disciplines

should be taken out of Architects Conduct

Regulations 1989

It is professional rights of other engineers to

deliver to public, all such building design &

construction services

Thanks & Warm Regards

Have a nice time Int P Engineer (India): Suraj

Singh

16.00 Para P


of 168




Mail-3- (Refer

to Petitioner’s Exhibit PE2)

A mail was forwarded to Council of Architecture on

Jul 31st.2016


To [email protected]

CC Satya Pal Ashok Manhar and Associates2

[email protected]

Jul 31st at 2:19 PM

Mail addressed to IEI is also, forwarded to Council

of Architecture, with a request that COA should

rectify its mistake applied through Comprehensive

Conduct rules May 11th 1989

COA has intentionally pulled/encroached on

professional responsibilities of civil engineers,

structural engineers & various building services

engineers into Architect's role, which is

incorrect, misconceived, illegal, bad intentional

on part of COA







of 168



COA has misled Government of India, Parliament Of

India & Public of India / Bharat

Therefore, by this mail message, COA is asked to

remove from role of Architects, all roles, related

to civil engineers, structural engineers & other

building services engineers.

We on behalf of engineering community, expect that

COA shall apply remedial action in national

interest, so that all engineers would have

professional opportunity to serve nation on

buildings.

Otherwise, engineering community shall move PIL in

SCI, in case COA ignores this mail message.

Confirmation from COA to take remedial action is

expected in a reasonable time.

Thanks & Warm Regards Have a nice time Int P

Engineer (India): Suraj Singh

17.00 Para Q

Global References Issue 5

Global Reference


of 168



17.00-1 World Trade Organisation Classification

of Professional Services Quote

corresponding to UNCPC (United Nations Central

Product Classification) (Refer to Petitioner’s

Exhibit to PE 7 & PE 8)

Quote

17.00-a World Trade Organisation Classification

of Professional Services-Architectural &

Engineering Services

17.00.a-01 Sector includes work by engineering

firms to provide blue prints & designs for

buildings & other structures &

17.00.a-02 By engineering firms to provide

planning, design, construction & management

services for building structures, installation,

civil engineering works & industrial process.

17.00.a-03 As a result of Uruguay Round &

subsequent accessions to WTO (World Trade

Organisation) by new members, 70 members have made

commitments in this sector



of 168



S/C /W/44/1.7.1998

17.00-2 Architectural & Engineering Services

(Refer to Petitioner’s Exhibit to PE 8)

17.00-2-a In Service sector classification list,

MTN.GNS/W/120, Architectural & Engineering Services

are listed in subsectors of professional services

under 4 headings, which are briefly discussed below

in order they appear in list

17.00-2-b Each of 4 subsectors correspond to UNCPC

(United Nations Central Product Classification) at

4 digit level


17.00-3 Architectural Services CPC 8671 (Refer

to Petitioner’s Exhibit PE 7)

17.00-3-a Covers all types of architectural

services, except those classified below under urban

planning & landscape architectural services, which

are

17.00-3-a-1 Advisory & pre design architectural

services (86711)


of 168



17.00-3-a-2 Architectural design services

(86712)

17.00-3-a-3 Contract administration services

(86713}

17.00-3-a-4 Combined architectural design &

contract administration services (86714)

17.00-3-a-5 Other architectural services (86719)


17.00-4 Engineering Services CPC 8672 (refer to

PE 7 & PE8)

17.00-4-a This item covers all engineering

activities, except integrated engineering services,

which are

17.00-4-a-1 Advisory & consultative engineering

services (86721)

17.00-4-a-2 Engineering design services for

construction of foundations & building structures

(86722)


mechanical & electrical installations for buildings

(86723)


of 168




construction of civil engineering works (86724)


industrial process & production (86725)

17.00-4-a-6 Engineering design services n.e.c

(86726)

17.00-4-a-7 Other engineering services, during

construction & installation phase (86727)

17.00-4-a-8 Other engineering services (86729)


17.00-5 Integrated Engineering Services CPC 8673

(Refer to Petitioner’s Exhibit PE 7 & PE8)

17.00-5-a This item covers engineering services,

related to turnkey projects, which are

17.00-5a-1 Integrated engineering services for

transport infrastructure turnkey projects (86731)

17.00-5a-2 Integrated engineering & project

management services for water supply & sanitary

works turnkey projects (86732)


of 168




construction of manufacturing turnkey projects

(86733)


other turnkey projects


17.00-6 Urban Planning & Landscape Architectural

Services (CPC 8674). (Refer to Petitioner’s Exhibit

PE 7 & PE8)

17.00-6-a This item covers urban planning services

(86741) &

17.00-6-b Landscape architectural services (86742)

18.00 Para R


7 Further explanation for information benefit of

Honourable court

18.00.1 Above does not explicitly, covers

services, provided by Surveyors & Topographical

Engineers.

18.00.2 In CPC classification, such services

would seem to belong to, either of or several of


of 168



‘Site Investigation work’(5111 a subsector of

construction services) ‘advisory & pre design

architectural services’(86711 a subsector of

architectural services), advisory & consultative

engineering services’(86721 a subsector of

engineering services) or surface surveying services

& map making services (86753 & 86754, included in

related scientific & technical consulting

services), since function of surveyor or

topographical engineer differs from country to

country, one would need look at content of service

provided, in order to determine, where to, those

services belong in classification

18.00.3 Services provided by construction

economists (a profession most common in European

countries, such as Spain, Italy & UK) i.e.

development & management of construction projects,

conducting feasible studies & risk analysis,

providing advice on design & construction

procurement etc. appear to belong to architectural

engineering or urban planning & landscape


of 168



architectural services, as services above are most

often provided by either architects or engineers,

depending on country

Economic importance of sector & its main economic

features

18.00.4 Architectural firms provide blueprints &

designs for buildings & other structures, while

engineering firms provide planning, design,

construction & management services for building

structures, installations, civil engineering works

& industrial pressings etc. consulting engineers

are involved in all stages of a project & thus

their services overlap substantially with those of

other professionals.

18.00.5 Thus architectural & engineering

services are strongly inter related with physical

construction activity/or other business services.

18.00.6 Due to this specific nature, measurement

of economic importance of architectural &

engineering services, output is not straight

forward to an extent that in official statistics,


of 168



it is most often absorbed in broader categories of

services output, such as business services or

construction activity.

18.00.7 Statistics on number of professionals or

employment are available for many countries, but

are missing or are unreliable for countries, in

which, there are no system of compulsory

registration or accreditation.

18.00.8 In US, engineering is one of largest &

most diverse of profession, while architecture is

comparatively much smaller.


18.00.9 In Europe, situation appears to be

different, where there may be more architects,

while engineering profession may relatively, be

much smaller

18.00.10 With advanced communication systems,

blueprints & designs can be transmitted

electronically & consulting can be performed on

line


of 168



18.00.11 Such a development would lead to raise

importance of cross border supply in those services

18.00.12 It is also, observed that cross border

trade in architectural & engineering services tend

to rise along with complexity & specialisation of

service involved.

18.00.13 High skill services that go with

construction of complex installations & specialised

plants, often in connection with direct foreign

investment, typically, enter into expert contracts,

without similar local expertise.

18.00.14 It will probably remain true however

that bulk of supply of architectural & engineering

services will still take place through commercial

presence or presence of natural persons

18.00.15 Architects & Engineers occupy a position

upstream of building & construction process,

therefore, demand for architectural & engineering

services is closely related to that of construction

& overall industrial investment, both of which are

linked to economic cycle


of 168



Regulatory structure & relevant trade restrictions

18.00.16 Architectural & Engineering services

belong to group of accredited professional

services, as opposed to non-accredited business

services, such as marketing, advertising &

consultancy.

18.00.17 Same market access & national treatment

limitations, often apply to accredited professional

services across board.


18.00.18 However compared to some other

accredited professional services, such as

accounting & legal services, architectural &

engineering services, appear to be subject to fewer

restrictive regulations.

18.00.19 Mutual recognition between country of

education or professional experience or licenses or

certifications, granted in a particular country has

become more & more popular in recent years,

especially, in architectural & engineering services


of 168



18.00.20 Regulations applied in professional

services have as their primary objective need

ensure & maintain a certain quality of service &

hence to protect consumers, which consideration,

generally apply to architectural & engineering

services as well

18.00.21 In those countries which regulate

architectural & engineering professions, compulsory

membership of a professional association is quiet

commonly required.

18.00.22 In small number of countries, applying

self regulations by profession, membership of

professional associations are obligatory

Unquote

Explanation by petitioner 18.00 Para R

Explanation-18.00-1 Foregoing classifications,

related to professional services affected on

buildings are clearly described by UNCPC (United

Nations Central Product Classification) WTO (World

Trade Organisation), which leave no room for any


of 168



doubt that Engineers are given equal importance on

buildings designs & construction.

Explanation-18.00-2 Detailed explanations related

to various considerations & various countries have

been elaborately included for international

information & advice

Explanation-18.00-3 Explanations relate to role of

Architects & Civil engineers in form of

architectural services & engineering services on

buildings & structures

19.00 Para S


International reference

(Refer to Petitioner’s Exhibit PE 19a to 19e)

Quote from IPEA portal, a part on International

Engineering Alliance Constituting 3 #s Professional

Engineers Agreements

IPEA (International Professional Engineers

Agreement formerly EMF (Engineers Mobility Forum)

19.00.1 Members have full rights of

participation in agreement, each operates a


of 168



national section of International Professional

Engineer (IntPE) register, registrants on these

national sections may receive credit, when seeking

registration or licensure in jurisdiction of other

member

19.00.2 Australia, Canada, China Taipei, Hong

Kong China, India, Ireland, Japan, Korea, Malaysia,

New Zealand, Singapore, South Africa, Sri Lanka,

United Kingdom & United States are currently

permanent members signatories

19.00.3 India is represented by The Institution

of Engineers (India) effective 2009

BIS NBC Guidelines Issue 6

20.00 Para T

Quote

20.00-1 Reference to National Code of India NBC

2005 part 2 Administration, Annex A & (Refer to

Petitioner’s Exhibit PE 9)

20.00-2 Same contents reproduced on to page

239/240, Appendix E, Model Building Bye laws 2016

published by Town & Country Planning Organisation,


of 168



Ministry of Urban Development, Government of India.


‘Guide for qualification & competence of

professionals’ to be adopted & implemented by all

states, urban development bodies, authorities,

local bodies & others throughout India


A1-Essential Requirements (Refer to Petitioner’s

Exhibit PE 10)

20.00.1 A1-1 Every building/development work for

which permission is sought under code shall be

planned, designed & supervised by registered

professionals. Registered professionals for

carrying out various activities shall be Architect,

Engineer, Structural Engineer, Supervisor, Town

Planner, Landscape Architect, Urban Designer &

Utility Service Engineer

20.00.2 Requirements of registrations for

various professionals by authority or by body

governing such profession & constitution under


of 168



statute as applicable to practice within local body

jurisdiction are given in A2-1 to A2-5

Requirements for registration & competence of

professionals


20.00-A2-1 Architect (Refer to Petitioner’s Exhibit

PE 10)

Minimum qualification for an architect shall be

qualification as provided for in Architects Act

1972 for registration with council of architecture

20.00-A2-1-1 Competence

Registered architect shall be competent to carry

out work, related to building / development as

given below

20.00-01a All plans & information connected with

building permit except engineering services of

multi-story / specials buildings given in 12.2.5.1

20.00-01b (12.2.5.1 Building plans for multi-

storeyed/special buildings

20.00-01c For all multi-storeyed buildings, which

are 15 m or more in height for special buildings


of 168



like educational, assembly, institutional,

industrial, storage, hazardous & mixed occupancies

with any of aforesaid occupancies, having covered

area more than 500 sqm, building sanction shall be

done in 2 stages ..........)

20.00-01d Issuing certificate of supervision &

completion of all buildings pertaining to

architectural aspects

20.00-01e Preparation of subdivision / layout

plans & related information connected with

development permit of area up to 1 hectare for

metro cities & 2 hectares for other places

20.00-01f Issuing certificate of supervision for

development of land of area up to 1 hectare for

metro cities & 2 hectares for other places


20.00-A2-2 Engineer (Refer to Petitioner’s Exhibit

PE 10)

Minimum qualification for engineer shall be

graduate in civil/ architectural engineering of

recognised Indian or foreign university or member


of 168



of civil engineering division/architectural

engineering division of The Institution of

Engineers (India) or statutory body governing such

profession as & when established

20.00-A2.2.1 Competencies

Registered engineer shall be competent to carryout

work related to building / development permit as

given below

20.00-02a All plans & information connected with

building permit

20.00-02b Structural details & calculation of

buildings on plot up to 500 sqm & up to 5 stories

or 16 m in height

20.00-02c Issuing certificate of supervision &

completion of all buildings

20.00-02d Preparation of all service plans &

related information connected with development

permit

20.00-02e Issuing certificate of supervision for

development of land for all area



of 168



20.00-A-2.3 Structural engineer (Refer to

Petitioner’s Exhibit PE 10)

Minimum qualification for a structural engineer

shall be graduate of civil engineering of

recognised Indian or foreign university or

corporate member of civil engineering division of

The Institution of Engineers (India) & minimum 3

years experience in structural engineering practice

with designing & field work

Note- 3 years experience shall be relaxed to 2

years in case of post-graduate degree of recognised

Indian or foreign university in branch of

structural engineering

In case of doctorate in structural engineering,

experience required would be one year

Competence

Registered structural engineer shall be competent

to prepare structural designs, calculations &

details for all buildings & supervisions

20.00-A2.3.1.1


of 168



20.00-03a In case of buildings having special

features as decided by authority, which are within

horizontal areas & vertical limits specified in

A2.2.1 (b) & A2.2.1.(a ) shall be designed only by

structural engineers

Unquote

(Explanation 20.00 Para T by petitioner)

NBC 2005 has rightly included competencies, related

to Civil Engineers / Structural Engineers

Civil Engineers

Explanation 20.00-1 Structures are designed &

executed by civil engineers all over globe, which

profession should be granted its rightful role on

buildings now

Explanation 20.00-2 Therefore, in India also, all

structures of all types should be entrusted for

design & construction to Chartered Civil Engineers

only

Explanation 20.00-3 All Building projects all over

India should be carried out only by Chartered

Engineers (India) Civil


of 168



Explanation 20.00-4 Description, pertinent

Engineer’s qualification, defining Graduate

Engineer Civil or Architectural Engineering or

Corporate Member of The Institution of Engineers

(India) is misleading, since Corporate Member of

The Institution of Engineers (India) is by Royal

Charter entitled Chartered Engineer (India) &

therefore, professionally, located much above

Graduate Engineer qualification

Explanation 20.00-5 Architect should confine to

buildings architecture role, space designs &

coverings / envelope only, since degree in

architecture does not equip person with competency

on structural designs & structural prosecution

activities / disciplines

21.00 Para U


(Refer to Petitioner’s Exhibit PE12)-COA

Objections About BIS 2015

Ref CA/28/2015/BIS (NBC) December 23rd 2015


of 168



21.00.1 On December 23rd 2015 Council of

Architecture filed one letter communication with

BIS regarding part 2 Administration, related to

qualification of Engineers & Structural Engineers

21.00.2 Council of Architecture recorded that

only Architects are professionals & Engineers are

not. Professional/s

21.00.3 Council of Architecture recorded that

BIS had no power / authority to decide on

qualifications of Architects, Engineers &

Structural Engineers

21.00.4 Council of Architecture recorded

impliedly that only Architects had to work

statutorily on buildings

22.00 Para V


(Refer to Petitioner’s Exhibit PE1)-Mail sent To

IEI About COA July 14th 2016

22.00.1 A mail was sent to The Institution of

Engineers (India) incorporated by Royal Charter

1935 inviting its attention to issue of


of 168



Comprehensive Architectural Services per

Regulations notified on May5th1989 under Architect

Act 1972 mandate

23.00 Para W


(Refer to Petitioner’s Exhibit PE2)-Mail sent To

COA July 31st2016+IEI

23.00.1 Foregoing E mail included in PE1 was

forwarded to Council of Architecture, requesting to

resolve issue or else a PIL shall be filed

24.00 Para X


(Refer to Petitioner’s Exhibit PE3)-Grievance

Status Against COA Filed With PMO-July 17th 2016

24.00.1 Issue of Comprehensive Architectural

Services, per Regulations notified on May11th1989

under Architect Act 1972 mandate was filed on PMO

honourable PM interaction portal

24.00.2 Action by PMO-Incorrectly, case was

forwarded to Government of Haryana Chandigarh on


of 168



July 18th 2016, which government is not competent to

decide relevant issue.

25.00 Para Y


(Refer to Petitioner’s Exhibit PE5)-Mails To

Ministries Law + HRD + UD, Regarding COA July 28th

2016

25.00.1 Issue of Comprehensive Architectural

Services per Regulations notified on May11th1989

under Architect Act 1972 mandate was filed by mails

with honourable ministries of Law, Urban

Development, Human Resources & Development GOI

26.00 Para Z


(Refer to Petitioner’s Exhibit PE6-Mail sent To

Hon Speaker Lok Sabha COA July 28th 2016)

26.00.1 A mail was sent to honourable speaker of

Lok Sabha, regarding Issue of Comprehensive

Architectural Services, per Regulations notified on

May11th1989under Architect Act 1972

26.00.2 Action-No action intimated to us yet


of 168



27.00 Para AA

IEI Royal Charter 1935 Issue 7

27.00-1 Role related to Building Civil

Engineers/Building Structural Engineers & Building

Services Engineers

27.00-2 Detailed Explanation

Regarding Qualified Civil Engineers, further

explanation is given as follows

27.00-1-a Engineering activities carried out,

effected & conducted in India / Bharat should be

controlled & regulated by mandate per Royal Charter

of ‘The Institution of Engineers (India)’, head

office of which is located at ‘8 Gokhale Road,

Kolkata 70020 URL www.ieindia.org


27.00-3 The Institution of Engineers (India)


27.00-3-a Brief Background of ‘The Institution of

Engineers (India)’

27.00-3-b Consequent upon recommendation by Indian

Industrial Commission, was Established in 1920



of 168



under Indian Companies Act, ‘The Institution of

Engineers (India)’

27.00-3-c In 1935, The Institution of Engineers

(India) / abbreviated as IEI had been granted Royal

Charter of Incorporation by HM King George 5th

27.00-4 Objective under Royal Charter of IEI

27.00-4.1 Objective of IEI Royal Charter has been

as briefly enumerated hereunder, vide Article 2 or

Present 2 included, within this Charter, quoted as


27.00-4.2 “The objects and purposes for which the

Institution of Engineers (India) (hereinafter

called “the Institution”) is hereby constituted are

to promote the general advancement of engineering

and engineering science and their application in

India and to facilitate the exchange of information

and ideas on those subjects amongst the Members of

and persons attached to the Institution and

otherwise, and for that purpose –



of 168



27.00-4.2 (a) To promote and advance the science,

practice and business of Engineering in all its

branches (hereinafter referred to as “Engineering”)

in India.

27.00-4.2 (b) To establish, subsidise, promote,

form and maintain local Associations of members

belonging to the Institution and others engaged or

interested in Engineering, so as to assure to each

individual member as far as may be possible, equal

opportunity to enjoy the rights and privileges of

the Institution.


27.00-4.2 (c) To diffuse among its members

information on all matters affecting Engineering

and to encourage, assist and extend knowledge and

information connected therewith by establishment

and promotion of lectures, discussions or

correspondence; by the holding of conferences; by

the publication of papers, periodicals or journals,

books, circulars and maps or other literary

undertaking; by encouraging research work; or by


of 168



the formation of a library or libraries and

collection of models, designs, drawings, and other

articles of interest in connection with Engineering

or otherwise howsoever.


27.00-4.2 (d) To promote the study of Engineering

with a view to disseminate the information obtained

for facilitating the scientific and economic

development of Engineering in India.

27.00-4.2 (e) To establish, acquire, carry on,

control or advise with regard to colleges, schools

or other educational establishments where students

and apprentices may obtain a sound education and

training in Engineering on such terms as may be

settled by the Institution.


27.00-4.2 (f) To encourage, regulate and elevate

the technical and general knowledge of persons

engaged in or about to engage in Engineering or in

any employment manual or otherwise in connection

therewith and with a view thereto to provide for


of 168



the holding of classes and to test by examination

or otherwise the competence of such persons and to

institute and establish professorships,

studentships, scholarships, rewards and other

benefactions and to grant certificates of

competency whether under any Act of the Government

of India or Local Governments regulating the

conduct and qualifications of Engineers or

otherwise howsoever.

(Explanation 27.00 Para AA by Petitioner)

The Institution of Engineers (India) has also, been

empowered by Royal Charter 1935 to grant Competency

Certificates, required under any Act of Government

of India or Local Governments. No other governing

or regulatory body has been authorised to issue

such competency certificates to Engineers in India

at National level. Chartered Engineer (India) &

Professional Engineer (India) are Competencies

certificates, respecting official authorization of

Engineers in India



of 168



27.00-4.2 (g) To give the Government of India, the

Local Governments and Municipalities and other

public bodies and others, facilities for conferring

with and ascertaining the views of Engineers as

regards matters directly or indirectly affecting

Engineering and to confer with the said

Governments, Municipalities and other public bodies

and others in regard to all matters affecting

Engineering.


27.00-4.2 (h) To encourage inventions and

investigate and make known their nature and merits.

27.00-4.2 (i) To arrange and promote the adoption

of equitable forms of contracts and other documents

used in Engineering and to encourage the settlement

of disputes by arbitration and to act as or

nominate arbitrators and umpires on such terms and

in such cases as may seem expedient.



of 168



27.00-4.2 (j) To promote efficiency and just and

honourable dealing and to suppress malpractice in

engineering.

27.00-4.2 (k) To do all such other acts and things

as are incidental or conducive to the attainment of

the above objects or any of them.”

(Explanation 27.00 Para AA by petitioner)

Explanation 27.00-1 Provision empowers IEI to chart

out required policy, so as to effect achievements

of IEI objectives & support its Corporate Members

Chartered Engineers (India) for practice.

Explanation 27.00-2 Whereas, Article or present 16

empowers every Corporate Member of this Institution

to take or use Name & Title Chartered Engineer

(India)


Article 16/Present 16

“Every person being at any time a Corporate Member

of the Institution may so long as he shall be a

Corporate Member take or use the name or title of

“Chartered Engineer (India)”.”


of 168




Explanation 27.00-a By virtue of foregoing

provision under Article 16 of IEI Royal Charter

1935, every Chartered Engineer (India) is empowered

& authorised as such, to practice Engineering

Business for meeting mandated provisions, which

being enshrined within IEI Royal Charter 1935

provisions, as indicated in brief below


27.00-4.3 “to promote the general advancement of

engineering and engineering science and their

application in India and to facilitate the exchange

of information and ideas on those subjects amongst

the Members of and persons attached to the

Institution and otherwise, and for that purpose –

27.00-4.3 (a) To promote and advance the science,

practice and business of Engineering in all its

branches (hereinafter referred to as “Engineering”)

in India.

(Explanation by petitioner)


of 168



a For information to benefit of Hon court, this

institution is abbreviated for writing purpose as

IEI, while it regulates 15 engineering branches

27.00-4.4 Reference on IEI URL

Issue 7

http://www.ieindia.org/Chartered.aspx


Chartered Engineer (India)

Eligibility Criteria for Chartered Engineer

Any Life Corporate Member of the Institution of

Engineers (India) can designate himself as a

Chartered Engineer (India)

27.00-Article 22

And, We do hereby, for Us, Our Heirs & Successors

Grant & declare that these our letters Patents, or

enrolment or exemplifications thereof, shall be in

all things good, firm, valid & effectual, according

to true intent & meaning of same, & shall be taken,

construed & adjudged in all our Courts or elsewhere

in most favourable & beneficial sense & for best

advantage of said Institution, any mis-recital,

http://www.ieindia.org/Chartered.aspx


of 168



non-recital, omission, defect, imperfection, matter

or things whatsoever notwithstanding

In witness whereof, We have caused these Our

Letters to be made Patent


Article/Present 22 above evidently, provides

protections to IEI Charter & functioning of The

Institution of Engineers (India) by confirming

validity, effect, benefits & all powers entrenched

within IEI Charter for this body corporate &

politic & for all its Corporate Members/Chartered

Engineers (India), who are by virtue of IEI Charter

1935, legally authorised to conduct practice of

Engineering in India in respective branch of

Engineering, to which Corporate Member/Chartered

Engineer (India) is attached with. Whereas, all

Engineering professional Competencies are required,

related to branch of engineering, can be drawn from

implied provisions contained within IEI Charter,

which Government of this body IEI, its national


of 168



Council must chart out & publish in interest of

general public & all engineers.

28.00 Para AB


Role of Chartered Engineers (India) Petition

Submission Starts

28.00.01 Whereas, in spite of fact that IEI is an

existing ‘Royal Chartered Engineering’ body in

India & has been functioning as such, since 1935,

with status as ‘Royal Chartered’ body, whereas, it

is also, a fact that said ‘Royal Charter 1935’

granted to IEI, has not been either repealed or

amended or dissolved or destructed by any other

mandate, post 1947/ post coming into force

Constitution of India in 1950 & whereas, possible

application of constitutional article 372 & 372A

for, either amendment or repeal, was not affected

by then His Excellency, President of India, which

state of this Charter confirms that IEI Charter

1935 continues to be protected in its legal force,


of 168



as contained & enshrined within its approval,

grant, letters patents & warrant


28.00.02 Whereas, Also, legal status of this

Royal Charter, by constituted script of language,

suggests, defines & confirms that it is Warranted

by Royal Prerogative of HM King George 5th a Prime

Legislation, an independent of any other Act based

Constitutional document in form of Public Record,

duly caused with Letters Patents, Warranted by HM

then King George 5th, which still continues to be

in force,


28.00.03 Whereas, all state governments &

municipalities in territory of India, by written

byelaws or regulations, mandate that Civil

Engineers to engage on work in respective territory

are required to be mandatorily enrolled on

respective local authority registers to claim as

licensed engineers, in spite of facts that

professional regulation can be made under


of 168



Concurrent List entry 26 per Schedule VII

Constitution of India, which power of regulation of

‘Engineers’ vests with IEI only

28.00.04 Whereas, ‘Schedule 12’ within

Constitution of India, which mandates/defines

Municipalities Charter, does not empower

municipalities to regulate Engineers at any

locations/description or provisions out of

enshrined 18 # included provisions on this schedule


28.00.05 Whereas, no other provisions, anywhere,

within any other law/s or statute in force in

India, also, mandates any state government to

regulate engineers & engineering practice, Yet,

facts & prevailing practice has/have been that all

municipalities, relevant development authorities &

state development Authorities/State Governments

operate a specific practice to register engineers

as well as, control engineering profession, in

particular, pertinent Civil Engineers & building

design & erection discipline of whatever nature or


of 168



activities, In spite of facts that regulation of

engineers & regulation of engineering activities

has/have been mandated/endowed onto IEI, by virtue

of provisions included within IEI Royal Charter

1935


28.00.06 Due to non-allowance given by all such

municipalities, state development authorities &

state governments, it is not permissible for

engineers to work in engineering, either on

business activities or on practice, without

obtaining these municipal or local authorities /

bodies issued ‘arbitrary licences’ to practice, by

condoning or neglecting/superseding IEI Royal

Charter ‘Chartered Engineer (India)’ status


28.00.07 During past & yesteryears, some states

for example UP & Kerala relevant bodies/authorities

have allowed by circular notifications, IEI

Corporate Members/Chartered Engineers (India),

attached to Civil Engineering divisions of IEI, to


of 168



freely practice engineering in respective

territories, without obtaining any such local

licenses from, whatever such, either local bodies

or authorities

28.00.08 All Chartered Engineers (India)/IEI

Corporate Members, as such have been suffering at

illegal actions resorted to by all such

municipalities, state authorities & state

governments, who do not allow Chartered Engineers

(India) to work in engineering discipline &

particularly, in civil engineering branch, on

‘Designs & Erection of buildings & town layouts’,


28.00.09 Whereas, it is respectfully submitted to

Honourable Court that Chartered Engineer (India) is

a competent designation, which allows, in

accordance with provisions within IEI Royal Charter

1935, to practice engineering by all 3# classes or

grades of IEI Corporate Members/Chartered Engineers

(India)AMIE(India)/MIE(India)/FIE(India),whereas

AMIE(India)/MIE(India) titles of designations


of 168



effective since 1935 & FIE(India) title designation

added in 1974 by amendment to IEI Bye Laws, whereas

AMIE(India) election criteria being, an Engineer

qualified with an engineering degree with 5 years

attained practical experience to be entitled

AMIE(India), MIE(India) election criteria being, an

Engineer qualified with an engineering degree with

10 years attained practical experience to be

entitled MIE(India), while one more FIE(India)

election criteria being, an Engineer qualified with

an engineering degree with a minimum from 15 to 20

years attained practical experience to be entitled

FIE(India)


28.00.010 Whereas, in addition to foregoing three

classes of Chartered Engineers (India), AMIE(India)

/MIE(India) /FIE(India), two more classes of

engineers at national & international level, are

regularly, enrolled, which are by designation

defined as, one


of 168



28.00.010-a. ‘Professional Engineer (India)’

being open to Engineers from all recognised

societies in India &

28.00.010-b. Other being ‘International

Professional Engineer (India)’ open to all

Professional Engineers, already approved as

‘Professional Engineers (India)’ &

28.00.010-c. Whereas, it is further recorded that

designation ‘International Professional Engineer

(India)’ is certified by IEI, based on IEI status

of having permanent membership with IPEA body under

International Engineering Alliance, (Refer to

Petitioner’s Exhibit PE 19a through to PE 19e)

where IPEA is in its full form, read as

‘International Professional Engineers Agreement’,

which currently incorporates on its current list 15

nations’ representatives only, including India,

represented by ‘The Institution of Engineers

(India) constituted by Royal Chartered 1935’, while

other representatives include, namely US, UK,


of 168



Australia, Canada, South Africa, China, Japan,

German, Korea etc.

28.00.010-d. By definition published on IEI

Website www.ieindia.org ‘A professional engineer (P

Eng) by definition is one, whose academic

qualification & experience will be in conformity

with internationally mutually acceptable

standards’.

28.00.010-e. After evaluation of competency by

National Committee of relevant engineering

discipline, applicant engineer is certified as a

“Professional Engineer” by a Board for

Certification of Professional Engineers (BFC).

28.00.010-a. A Professional Engineer may be

designated as IntPE(India) i.e. International

Professional Engineer (India) subject to meeting

evaluation criteria, payment of fee for transfer to

Int.PE register solely, at discretion of Board for

Certification. Those applicants, who apply for

transfer to Int.PE (India) register in prescribed

form along with transfer fee as applicable will be



of 168



assessed for PE as well as, Int.PE during same

assessment. Applicants will be interviewed by

respective National Committees on International

Procedures/Codes/Practices. However, if applicants

seek a transfer to Int.PE (India) register at a

later date, they will be assessed separately on

receipt of application for transfer to Int.PE

register, along with prescribed fee and other

charges, as applicable.

https://www.ieindia.org/PEInfo.aspx

PROFESSIONAL ENGINEERS &

INTERNATIONAL PROFESSIONAL ENGINEERS CERTIFICATION

28.00.010-b To know how to become a 'Professional

Engineer / International Professional Engineer'

with IEI, Engineers whose qualification is

BE/B.Tech or equivalent, recognized by Statutory

Authority or Government of India and who are having

7 years or more experience, out of which,

professional experience of 2 years in a responsible

position of a significant engineering activity,

having membership of a recognized professional

https://www.ieindia.org/PEInfo.aspx


of 168



society and having maintained continuous

professional development at satisfactory level, can

submit application in prescribed format to

Secretary, Board for Certification. The Institution

of Engineers (India), 8 Gokhale Road, Kolkata 700

020.

28.00.010-c Assessment PE(India) & IntPE(India)

Assessment of application including Assessment

Examination is conducted by national committees of

different engineering disciplines formed by

Professional Institutions in country under

supervision and directions of an independent 'Board

for Certification'

It is mandatory for Professional Engineers/IntPE

Engineers to abide by Code of Ethics as formulated.

https://www.ieindia.org/PDF_IMAGES/PDFFORM/PEGuidel

ines.pdf

28.00.010-d. Qualification for Certification as

Professional Engineer

28.00.010-d1 Basic Requirements for certification

as Professional Engineer

https://www.ieindia.org/assess.aspx

https://www.ieindia.org/assess.aspx

https://www.ieindia.org/PEEthics.aspx

https://www.ieindia.org/PDF_IMAGES/PDFFORM/PEGuidelines.pdf

https://www.ieindia.org/PDF_IMAGES/PDFFORM/PEGuidelines.pdf


of 168



i) Bachelor’s Degree in Engineering or equivalent

recognised by Statutory Authority or Government of

India;

ii) Experience of 7 years in engineering practice;

iii) Professional experience of 2 years in a

responsible position of significant engineering

activity;

iv) Persons of good character;

v) Membership of recognised professional

engineering institution/association;

vi) Passed Assessment Examination as prescribed;

vii) Maintained continued professional development,

since graduation at a satisfactory level;

viii) Undertakes to adhere to Code of Ethics;

ix) Makes a formal application with prescribed fee.

28.00.010-d2 Exemptions for Experience for

Professional Engineer

i) Credit up to 12 months of experience may be

given if he/she has a Post Graduate Engineering

Degree or equivalent, recognised by MHRD/UGC/AICTE;


of 168



ii) Credit up to 24 months of experience may be

given if he/she has also obtained a PhD Degree

recognised by MHRD/UGC/AICTE;

iii) Maximum exemption for higher education shall

not exceed 24 months including Post Graduation

Degree and PhD.

Competency

28.00.010-d3 Requirements of Competency for

Professional Engineers

i) Application of engineering theory, standards and

practices;

ii) Management of engineering works including

personnel & financial aspects;

iii) Communication skills;

iv) Understanding of broader social and legal

implications of engineering profession;

v) Continuous development in engineering

profession;

vi) Demonstration of concern for sustainability,

occupational health, safety and welfare.


of 168



28.00.010-d4 Additional Requirements for

International Professional Engineering

Certification:

i) Good knowledge of International codes/standards.

ii) Conversant with International

practices/procedures in engineering.

iii) Demonstration of capabilities to be an

International Professional Engineer to satisfaction

of respective National Committee and Board for

Certification.


28.00.011 Therefore, keeping abreast foregoing

provisions & National & International Professional

Engineers Quality standardisation procedures in

effect practically, and whereas, such high profile

status competent engineers are already available

with duly certified documents, should there be left

certain other requirement that states or

municipalities & authorities register further these

enrolled engineers on local arbitrary created


of 168



registers, having no, either statutory basis or

statutory defined principle or procedures?


28.00.012 Not allowing Chartered Engineers (India)

& Professional Engineers (India) to practice

Engineering in India, amounts to clear violation of

Constitution of India Article 19(g), which is

included as a fundamental right to work, within,

either carrying out profession or carrying out

professional business


28.00.013 Such violation of fundamental right is

required to be prevented in future, for which a

remedy to achieve IEI mandated objective of

rightful application of ‘Engineering & Engineering

Sciences in India’, Honourable Supreme Court is

moved with this prayer to issue direction in form

of applicable & suitable order in this regard or

preferable, ‘Writ Quo Warranto’ on to all,

Government of India, Governments of all States, All

Development Authorities, All Local bodies/All


of 168



Municipalities & others, whosoever, would be

referable / applicable in its relevance & all

others, further relevant as such,

28.00.013a. Direction warranted upon by

Honourable court shall assist in managing control

over ‘Engineering Regulations’ & ‘Engineers

Regulations’ together, which would conveniently,

suit good public interest, for public would receive

Competent Quality Engineering Services from & by

all engineering branches & particularly, related to

Civil Engineering/Buildings Design & Erection,

directly by Competent Chartered Engineers (India) &

Professional Engineers(India) & not through

Architects exclusively only, as has been defined by

Statutory Regulations, constituted by/under

‘Comprehensive Architectural Services’ per & in

pursuit to 1989 May11th1989 definition en list,

under Architect Act 1972, since Chartered Engineers

(India) intend to Serve Public in India directly

for promotion & applications of


of 168



Engineering/Engineering practice / business in all

its branches

28.00.013b. Designs & Construction of buildings

is very complex & specialist Engineering

discipline, which requires thorough knowledge &

experience / Engineering attainment & not simply

gained elementary knowledge, so that by

Professional Engineering Applications on proposed

buildings as well as, buildings requiring Seismic

Retrofitting process, public receives Quality

Professional Service with added Value Engineering &

buildings delivered are/would be Professionally

Designed & Professional Construction Managed

Structures, while application of simple cosmetic

decoration & superficial elevation attraction is

not adequate for Reliability Criteria(Safety +

Serviceability + Durability) of building in long

run, which application of simple cosmetic

decoration & superficial elevation attraction is

always given as an exclusive offer, every architect

intends to deliver to a building owner.


of 168



Proportionally, structure element does not cost

excessively in comparison to gross cost to be spent

on building, but public & honourable court should

realise that requirement of reliable (Safe +

Serving + Durable) structure is very significant &

must be given preference on its quality of Design &

Construction, & not simply considered/admitted that

a Chartered Engineer (India) is bound by dictates

of an Architect under misconceived, illogical &

irrelevant provisions mandated under Architects Act

1972 & its constituted regulations under title

Comprehensive Architectural Services notified on

May11th1989 & in pursuant to these Regulations,

Referral COA/DOC/03/2002/APR/12&13 (Refer to

Petitioner Exhibit PE 20), which provisions

encroach upon professional roles to be undertaken

by Chartered Civil Engineers/Structural Engineers &

other Chartered Building Services Engineers &

therefore, these irrelevant roles included under

Comprehensive Architectural Services May11th1989 &

in pursuant thereto, vide said referral


of 168



COA/DOC/03/2002/APR/12&13 are required to be

declared void, while an Architect should be allowed

to work exclusively on architectural designs of

buildings & avoid contravening / violating other

engineering disciplines professional roles /

dischargeable obligations

28.00.013c. In interest of receiving safe,

serving & durable/robust structure, Chartered

Engineers(India) as Civil Engineers should be

utilised or hired directly by building owners & not

through an Architect, which if appointed by an

Architect, situation leads to subjugation of

engineering requirements under control of

Architect, where Civil Engineer does not feel

professionally independent to work on Buildings

Designs & Construction, & which if Civil Engineer

is directly appointed by Owner or Client, building

production works within an optimum budget as well

as, whereupon an Engineer could take professional

decisions on engineering considerations, so as to

produce a functional system of building structure,


of 168



which structural system cannot be decided by whims

& fancies of an Architect


28.00.014 Further added for full assistance to

court that Civil Engineering comprises of setting

out building plans, designs, working out structural

designs, planning, scheduling, supervision/

superintendence, application of quality management

requirements/safety during design consideration &

safety during erection stages under civil

engineering project management discipline, issue of

completion certification & issue of stability

certificate, pertinent all kinds of buildings, red

line marked drawings, as built drawings, production

of dossiers for completion & maintenance,

development works, roads/bridges, railways, public

health or environment, water resources, oil plant

facilities, estimation/quantity surveying including

work done valuations, existing buildings current

valuations, relevant conduct of arbitration

mechanism for contract involved disputes


of 168



resolutions, arbitration management consultancy,

other public & private works, etc. which all works

& activities add contribution to national

development in all respects

28.00.014a. For corroboration of respecting

foregoing points of explanation, all such fields

require, scheme concepts, design philosophy,

contemplation of requirements & respective

projections, designs, sustainability of designs,

working designs, method statements related to all

disciplines, retrofitting activities,

specifications designs general, project &

particular all, contract designs in relevance to

FIDIC or otherwise, contract administrations,

contract completion, member engagement on dispute

resolution board, dispute resolution management

consultancy, disputes resolutions

mechanism/arbitration & all other relevant

activities & operations required to be operated by

competent Chartered Engineers (India)


of 168



28.00.014b. All foregoing activities &

operations, within ambit of engineering business,

certainly require engagement of competent engineers

to carry out such works, so as to reach project

building to be carried out to complying with

designs & all considerations to be intended to its

use successfully & throughout its decided life


28.00.015 Chartered Engineers (India)/IEI

Corporate Member enrolled in accordance to IEI

Royal Charter 1935 are authorised, duly qualified

in all respects, so as to do in engineering & its

business


28.00.016 Therefore, Honourable Supreme Court is

prayed to devise a direction & order to Government

of India, all state governments, all such state

governments authorities, all authorities, all

municipalities, other authorities & others, as

relevant in India to direct & order them in all

required aspects & respects, to comply with


of 168



provisions, included within IEI Charter 1935, so

that Chartered Engineers (India) from respective

branches of engineering may be able to be

publically required, legally, to work on

engineering activities, so as to realise in

existence ‘role of engineers’ in society &

contribute onto ‘national development’


28.00.017 Just for purpose of information of

reference, it is brought to Honourable court’s

attention that in year 1833,

28.00.017a. Ministry of Law Government of India

had been established by Royal Charter 1833,

28.00.017b. While in 1862 Honourable High courts

of Bombay, Madras & Calcutta had been established

by Charters/Letters Patent, under then High Courts

Act &

28.00.017c. All such granted Charters of

Honourable High Courts have still been in force,

without any dissolution or repeal or annulment



of 168



28.00.018 It is also, added for assistance to

Honourable court that IEI Royal Charter 1935

classifies IEI, due to its involvement in public

interest & disposing state responsibilities,

including its mandated roles, as an Engineering

Profession & Indian Engineers Regulatory Body as

referred onto IEI Royal Charter 1935, 22 # Presents

28.00.018a. Present # 2(f) empowers IEI To test

by conducting examinations to grant certificate of

Competencies to Engineers, for whatever description

required, under any Government of India Act or

whatever other Acts or Laws, applicable for time

being in India &

28.00.018b. For attaining advancement, promotion

& application of engineering & engineering sciences

in India &

28.00.018c. Being a unique Chartered, Letters

Patented & Warranted Engineering Regulation &

Control body in India, it enjoys status of ‘State’

under Article 12 of Constitution of India, by

virtues to act as a state agency for functional


of 168



instrumentality to objectively work for issue of

Chartered Engineers(India) & Professional Engineers

(India) certifications in all engineering branches,

since petitioner understands that IEI Charter 1935

is an approval of invested power with IEI, endowed

by then Ruler of Britain & India HM King George 5th,

by his Royal Prerogative & by all other powers so

to do, which means, it is an enactment ordered by

HM King George 5th an i.e. an ‘Order In Council’,

which means that IEI Charter 1935 being a ‘Primary

Legislation’ not dependent on any other statute for

drawing its powers & whereas, such Royal Charter

approval was declared as an ‘Order in Council’,

which had been operated per procedure, to

constitute certain ‘Constitutional Documentation’,

coming under ambit of definition of Law, mandated

by Article 13 of Constitution of India & therefore,

IEI Royal Charter 1935 was & therefore, is

certainly, constructed by, enjoying Force of Law,

Statute & Constitution of India & deemed entrenched

therein


of 168



28.00.018d. Whereas, certain qualified Civil

Engineers in India/Bharat, in public interest

have/had moved formal petitions onto August house

of ‘Rajya Sabha’ ‘Petition Committee’ in year 2003

& 2012, (Refer to Petitioner’s Exhibit PE 13)

28.00.018d-a Namely by P Eng Suraj Singh,

himself being one of Litigants in this case, in

2003 requiring issue of Notification by Government

of India/Parliament of India, to permit

Professional Engineers (India) & Chartered

Engineers (India) carry out related professional

activities (Transcript of Petition & details of

follow up actions, provided in later part of this

petition) (Refer to Petitioner’s Exhibit PE 13) &

since then no action has been resorted to by

Government of India as well as, not resorted to by

August house of Rajya Sabha, but RTI information

moved by Eng Altaf Usman Batliwala & consequent

response No. RS/2(86)/2012-RTI dated February 24th

confirms that petition does not stand admitted &


of 168



therefore, deemed dismissed (Refer to petitioner’s

Exhibit PE 13a)

28.00.018d-b Following thereafter, also, had been

applied under RTI Act 2005 by Eng Altaf U Batliwala

to Honourable Law Commission March 9th 2012/Law

Ministry March 1st 2012, March 22

nd 2012, April 1

st

2012, May 9th 2012/Home Ministry/Attorney General of

India December 23rd 2012/Ministry of Corporate

Affairs March 31st 2012, praying/appealing to ensure

Constitutional Legal status, pertinent/respecting

IEI Royal Charter 1935, but no response/statutory

provision/valid reliable information, received on

any of foregoing petitions as well as, on filed

applications

28.00.018d-c Also, in 2012 filed one petition by

Eng Altaf Usman Batliwala onto August House of

‘Rajya Sabha’ seeking to ensure IEI Charter

Constitutional legal status, but no concrete

results were achieved. It appears that there being

no one in Government of India to respond to all

such applications under RTI in a reasonable manner


of 168



& with responsibilities, since, all authorities

have tried to shed away responsibility in this

regard.

28.00.018d-d (Refer to Petitioner’s Exhibit PE4)-

Grievance Status CE, PE Filed With PMO-July

27th.2016

Filed with PMO honourable PM Inter-Action portal

issue, related to Chartered Engineer (India) &

Professional Engineer (India) for a decision & to

issue public notification

Action to this Grievance by Hon Human Resources &

Ministry as indicated below

‘Official communication received by SMS on August

9th 2016, which confirmed that case was closed,

since The Institution of Engineers (India) was not

recognised for higher education by Hon Ministry of

Human Resources & Development (Refer to

Petitioner’s Exhibit PE4)’

29.00 Para AC




of 168



This information contains necessary material facts

To IEI Communications dated August 2nd.2016

An E mail communication was sent to The President,

The Institution of Engineers (India) on August 2nd

2016, related to Civil Engineers competencies for

purpose of public to know, about what Engineers can

do for them

Transcript is given below


The President

August 2nd .2016

The Institution of Engineers (India)

8 Gokhale Road 700020

[email protected]

Subject-

29.00-1 Designs & Constructions of Buildings in

India

29.00-2 Architect Act 1972 & under it

Constituted Regulations ‘Comprehensive

Architectural Services 1989 notified on May

11th1989’



of 168



29.00-3 Competencies related to Chartered

Engineers (India) Civil


Respected Sirs,

29.00.01 In relation to foregoing subject, mails

were forwarded to IEI

29.00.02 This issue has significance to an extent

that practice by Corporate Members IEI & thereby

Chartered Engineers (India) Civil on buildings does

not practically exist in India at national status

as Engineering Professional Practitioners, whose

profession is certainly a part of mandate under IEI

Royal Charter 1935, which covers advancement,

promotions & business in all branches of

Engineering in India

29.00.03 Competencies related to Chartered

Engineers (India) Civil on Designs & Construction

of buildings has been adversely affected since

Regulations ‘Comprehensive Architectural Services

1989 notified on May 11th1989’under provisions of

Architect Act 1972


of 168



29.00.04 Unfortunately, Chartered Engineers

(India) community remained unaware about these

regulations, which were constituted under said

statute, must have been duly approved by Council of

Ministers & Parliament of India, in compliance per

existing provisions under Architect Act 1972

29.00.05 Initially, in 1972, no such provisions

had been included within Architect Act 1972, which

provisions mandate protection of Architect title &

matters connected therewith


But 17 years later in year 1989, Council of

Architecture a statutory body under said Act

managed to integrate aforesaid reference

Regulations under mandate of Architect Act 1972

29.00.06 These regulated provisions allow

architects to carry out profession, related to

design, construction & supervision over

construction, respecting all involved building

engineering disciplines, including building

structures, building services & others whatsoever


of 168



29.00.07 Architects are mandated to get clients &

deal with client, while no other professional as

such, is allowed to get clients from anywhere,

which means that only, on an exclusive basis,

Architects are designated professionals, while

other Engineers from other Engineering disciplines

are not treated building engineering professionals

29.00.08 Same constructive interpretation was

recorded with Bureau of Indian Standards on

December 23rd.2015 regarding National Building Code

2005 part 2 Administration, included competencies,

related to professionals to be engaged on buildings

such as Engineers, Structural Engineers etc..


29.00.001 Council of Architecture does not treat

Engineers as professionals on buildings, but their

professional clerical assistants, which is a great

insult caused to engineering community through

statute Architect Act 1972 & constituted

regulations under that as aforesaid (Refer to

Petitioner’s Exhibit PE12-Response by Council of


of 168



Architecture to BIS-Quote-12.9-Presently only

Architects are statutorily Registered & therefore,

Reference to Registered Engineer is imaginary &

illegal-Unquote & Against Annex A response-Quote-It

is only an Architect who is statutorily Registered

& Regulated. Therefore, calling Engineers etc. as

Registered Professional Is Illegal-Unquote)

29.00.002 Whenever certain publicity is issued by

whatever government in India, only Architects are

invited for submission of Building related projects

& no invitation is given to Chartered Engineers

(India) or Professional Engineers (India) or even

other non registered Engineers, related to

engineering activities or operations

29.00.003 Indeed, Council of Architecture has

badly played with entire Civil Engineering

Community, without any notice taken, either by IEI

or by Chartered Engineers (India) Corporate Members

IEI & by other Engineers

29.00.004 It is regretful to record that IEI based

upon statutory provision, mobilizes 2# corporate


of 168



members to be integrated members on statutory

Council of Architecture, while it is assumed that

these 2# corporate members were available in

council meeting during finalizing by Council of

Architecture, about these statutory Regulations in

1988 & related controlling activities conducted

thereafter & up to that day, when Engineering

activities were placed by Council of Architect

under Comprehensive Architectural Activities/Scope

of Architect (Refer to Petitioner’s Exhibit PE17b)

29.00.005 It is not understood about, why these

Corporate Members IEI constituting part on Council

of Architecture did not object inclusion of all

discipline engineers roles under Comprehensive

Architectural Services, which has completely

deteriorated professional status of Engineers to

work on buildings & in fact, there is no role of a

Civil Engineer left to be played on Buildings

Designs & Constructions, since all duties have been

pulled by Architects under their scope of

responsibilities, whereas, Civil Engineer is


of 168



neither invited for buildings by anyone nor

involved on buildings in capacity as a professional

practitioner on designs & supervisions on buildings

Engineering


29.00.006 Architect Act 1972 is a Special Law at

national level that would certainly weigh over all

other state laws & state bye laws that have no

constitutional power & authority to decide

competencies of building engineers

29.00.007 Even Bureau of Indian Standards can

issue only Guide lines to be followed by adoption

if state so pleases & cannot force them comply with

by all state level bodies & BIS has no statutory

power to enforce all such Guide lines itself

29.00.008 Even Model Building Bye Laws ‘Appendix

E’ issued by Urban Development Ministry in 2016

covers repetition of competencies included on

National Building Code part 2 Administration, yet

these are only authentic guidelines, having no

force of implementation at all.


of 168



29.00.009 The Institution of Engineers (India) has

been constituted by Royal Charter 1935, which is

having force of a statute & is constitutional in

its legal status

29.00.0010 IEI is empowered to test candidates &

issue professional engineering competencies

certification, which IEI has been affecting since

1935 successfully, whether it be

AMIE(India)/MIE(India)/FIE (India) Chartered

Engineer (India) since 1935 or Professional

Engineer (India) since 1995

29.00.0011 Empowerment of IEI for Competencies

Certification, invests IEI with framing policy,

related to deciding Professional Competencies,

regarding all Engineering disciplines, so that

public know, about what Chartered Engineers (India)

can do for them discipline wise


29.00.0012 Competency certificate should speak &

notify about professional power that engineer can

work for & deliver to public & clients


of 168



29.00.0013 It is not in professional interest of

IEI & Engineers that Municipalities & other

authorities should decide what engineers should

carry out in profession of engineering, based on

these competencies titles

29.00.0014 Therefore, IEI should take initiative &

lead nation on similar grounds as Council of

Architecture have done in 1989 & thereafter, to

protect profession of Engineering, since IEI Royal

Charter 1935 mandates that IEI can do whatever is

conducive in interest of Engineering, as a matter

of framing policy in national & social interest

29.00.0015 Expected that IEI shall serve

Engineering community, so that best professional

service could be extended to public with trust &

goodwill

29.00.0016 Howsoever, engineering community has

understood that no authorities in government would

decide in favour of Engineers, since Engineering

community is no vote bank, which means that


of 168



Engineers may resort to knocking Indian Courts for

resolution if nothing happens positively

Regards

Eng Suraj Singh

30.00 Para AD




Reproduction of Transcripts of Petition filed with

Council of States (Rajya Sabha)

30.00.01 19.5.2003

To The Council of States (Rajya Sabha)

Forwarded to Secretary General Rajya Sabha,

Parliament House, New Delhi

The petition of Suraj Singh IEI Registered

Professional Engineer (India)

Under the Rules of Rajya Sabha

Matter of general public interest for the

consideration by The Committee on Petitions

Sheweth

30.00.02 GOVERNMENT OF INDIA- Chartered Engineer Certification

Reference


of 168



MINISTRY OF COMMERCE AND INDUSTRY, DEPARTMENT

OF COMMERCE, DIRECTORATE GENERAL OF FOREIGN

TRADE, POLICY CIRCULAR NO 14/2002-2007,

Dated: 27thNovember 2002

It is a well known fact that Registered Chartered

Engineers (India) & the

Professional Engineers (India)

on the roll of the corporate members of the Institution of

Engineers (India) incorporated by Royal Charter

1935 comprising 22 presents are rightful & privileged to

carry out engineering science application business &

professional engineering practice in India in all

engineering branches, according to the specialized

recognized discipline per

[The Institution of Engineers (India)

divisional attachment]

But the municipalities, local bodies & other public

authorities in general show the ignorance, pertaining to

this fact & insist that the Chartered

Engineers (India) & the

Professional Engineers (India)

get another registration with the relevant body under no

provision of any national statutory reference. The engineers

are forced to do so, as most of these professionals are

either not registered with IEI or do not elect to dispute


of 168



those relevant authorities, disregarding direction by this

special law.

30.00.03 Prayer

It is prayed upon the august House of Parliament, the

council of states that the Hon’ble Human Resources Ministry,

the Government of India notify to refresh all the relevant

authorities of the Indian Institutions, Courts, Government

of India, local bodies, municipalities, private & in general

public & others accept as legal document Chartered

Engineers Certification/

Professional Engineers

Certification wherever it is statutorily

required, such as for the submission/approval of the

building plans, systems designs, engineering plans,

engineering designs, calculations, construction drawings,

all contract documents, construction methodology statements,

quality assurance documents, safety & environment controls,

technical controls, valuation, product total quality,

process, supervision , stability, completion, estimates,

project reports, services, investigation reports etc. but

not limited to these. All these operational

provisions to be conducted are enshrined

within IEI Charter Scheme effective 1935

& still in force.


of 168



Name of

petitioner

Address Signatur

Suraj Singh PE

28

IEI Corporate

Member MIE

046231/9

Indian citizen

3373 Delhi Gate, New

Delhi 110002, 011-

23261748,

9810088592, E mail

suraj_engineer@yah

oo.co.uk

May 19,

2003

31.00 Para AE




Transcript of a communication received from Rajya

Sabha on July 24, 2003

July 24, 2003

31.00.01 Received a letter from Rajya Sabha on July

24, 2003 the contents of which have been given

below

PARLIAMENT OF INDIA /RAJYA SABHA

SECRETARIAT/Telegram “PARISHAD”/Fax: (91 11)

3014948/3015585/3012376 PHA

(91 11) 3792940/3011207/3793376 PH

Telephone:/ Website:

http://parliamentofindia.nic.in/Email:

[email protected]/Parliament House/Annexe New

Delhi 110001



http://parliamentofindia.nic.in/



of 168



No: RS. 2(6)2003-Com-II Dated the 23rd

July, 2003

From

G.C.Miglani, Deputy Secretary

To

Shri Suraj Singh, IEI Registered Professional

Engineer (India)

3373, Delhi gate, New Delhi-110002

Sub- Making it mandatory for Indian

Institutions/Municipalities etc. to accept IEI

Chartered Engineer/Professional Engineer

Certification- petition regarding.

31.00.02 Sir,

I am directed to refer to your petition dated May

19, 2003 on the subject cited above & to state that

the views/comments of the Ministry of Commerce &

Industry, Govt of India on the issues raised in

your petition were invited & the Ministry(Director

General of Foreign Trade) has inter alia, informed

that the Director General of Foreign Trade (DGFT)

is concerned with the issues relating to


of 168



imports/exports & the procedural requirements

thereto & that it has prescribed submissions of

Chartered Engineer Certificate in the Handbook of

Procedures (Volume 1) for various purposes like

advance licence, where input/output norms are not

fixed & for service industry under the EPCG scheme,

where the imports are restricted. The proposal to

accept the IEI Certificate for specified activities

under the EXIM Policy along with the Chartered

Engineer Certificate can be considered provided

such certification meets the procedural

requirements. The Ministry has desired that in

order to enable them to examine the request on

merits, IEI should submit the detailed literature

about their activities/recognition/affiliation etc.

to DGFT.

31.00.03 I am, therefore, to request you to take

necessary action in the matter accordingly & have

the detailed literature about the activities of

IEI, their recognition & affiliation etc. forwarded

to the Director General of Foreign Trade (Shri Anil


of 168



Aggarwal, Deputy DGFT) under intimation to this

Secretariat.

Yours faithfully

Sd/- (G.C.MIGLANI) DEPUTY SECRETARY PHONE: 23034557

E-mail [email protected]

32.00 Para AF




(Herein are transcripts of communication/response

letter posted by IEI to DGFT & Parliament on

4.8.2003)

32.00.01 Institution of Engineers (India)

(Established 1920, Incorporated by Royal Charter 1935)

8 GOKHALE ROAD, KOLKATA –700 020, INDIA

HOLOGRAM

Cdr A.K. Poothia, IN (Retd.)

Phone (91) (33) 2223 8230

Secretary & Director General Fax (91)

(33) 2223 8345

E-mail [email protected]




of 168



Ref: Memb/SDG/CE/PE-106

August 04, 2003


The Director General of Foreign Trade,

Ministry of Commerce & Industry,

Department of Commerce,

Udyog Bhawan

New Delhi- 110 011

Attn: Shri

Anil Aggarwal, Deputy, DGFT

Dear Sir,

Sub: Making it mandatory for Indian

Institutions/Municipalities etc. to accept IEI Chartered

Engineer/ Professional Engineer Certification

32.00.02 Please refer to the letter no. 2(6)/2003-Com-II

dated 23rd July, 2003 from Dy Secretary of Rajya Sabha

secretariat (copy attached) on the subject.

32.00.02-2. The Institution of Engineers (India)

established in 1920, granted Royal Charter in 1935, is a

learned Society of Engineers engaged in the advancement of

Engineering Science & practice. Its main activities can be

divided into two parts-firstly, assisting aspiring engineers

to become Chartered Engineers, and secondly, providing a

Learned Forum to qualified engineers to keep themselves

abreast with developing engineering knowledge and


of 168



advancement in different branches of technology by exchange

of information amongst members and maintaining high

standards in the practice of their profession. A copy of the

Royal Charter is enclosed.

32.00.02-3. To cater for the first activity mentioned

above, the Institution conducts examinations known as

Sections “A” and “B” of the Institution examinations, twice

a year at various centres spread all over the country.

Passing of Sections “A” and “B” of the Institution

examinations brings the candidates academically at par with

university degree holder in engineering for entry into

senior engineering services under the Central and State

Governments, Public and Private Sector organizations etc.

Most Universities and academic Institutes of the country

recognize Institution examination qualification for

admission to post graduate studies. List of such

institutions is contained at page 53 of the Rules Volume-I

(enclosed). Sections “A” and “B” of the Institution

examinations is recognized by the Govt of India at par with

a Bachelors Degree in the appropriate field of engineering

vide letter reference number F.18-4/78-T.7 dated August 16,

1978 from Ministry of Education. Such engineers or the

accredited engineering degree holders, after acquiring the

requisite experience, can become Corporate member of the


of 168



Institution. Brief details under “ A pathway to Professional

Development” is enclosed.

32.00.02-4. By virtue of Royal Charter, the Institution is

empowered to issue Chartered Engineer(India) Certificate to

its Corporate Members, in the respective field of

engineering. Such a person is expected to have the requisite

expertise in engineering discipline and is considered to be

higher standard than an equally placed engineer. Many

organizations give due weightage to Chartered Engineer

(India0 as he has gone through the required scrutiny and

possess required qualification and experience in the

engineering discipline.

32.00.02-5. An engineer can become chartered

engineer(India) only if he has minimum 5 years post

accredited engineering degree, professional experience, and

is of minimum 26 years of age. The related Corporate

membership which gives him the entry to become chartered

engineer is strictly regulated in accordance with the

respective rules.

32.00.02-6. Apart from Chartered Engineer(India)

Certificate, the Institution (IEI) introduced Professional

Engineer (India)(P Eng) Certificate in the year 1994. The

said certificate is granted to its life Fellow and Member by

virtue of having not less than 15 years post qualification


of 168



experience in the profession of engineering in a position of

high responsibility.


32.02-6 CRITERIA:

(a) Attained minimum 35 years of age on the date of

application;

(b) Possesses minimum 15 years post qualification

experience in the profession of engineering in a position of

high responsibility covering one or more areas in research

and development; design; manufacturing; maintenance;

engineering services; executing or operations of engineering

projects and/ or consultancy for engineering research/design

projects, teaching with involvement in practical

design/consultancy work.

(c) Details of continued professional development 5

(five) years

(d) Career report (2000 words), covering (i) personal;

(ii) engineering; (iii) management and economics; (iv)

environment, health and safety.

(e) Proposed and recommended by three Fellows of the

Institutions


SELECTION

32.00.02-7. The selection is subject to peer assessment by

a nominated professional committee consisting of three


of 168



members constituted by the Council (consisting of Council

Members and/ or Experts) who are themselves ‘Professional

Engineers’ for examining and taking decisions on the

application for award of ‘Professional Engineer’

certificate.

32.00.02-8. The P Eng certificate is valid for five years

at a time from the date of issue. However, the member may

apply in prescribed form for renewal of the approval for a

further period of five years. While applying for renewal

member shall have to furnish at least five years’

performance and present status for appraisal.

32.00.02-9. The Institution has recently been granted

provisional membership of ‘Engineers Mobility Forum’- an

international body which ensures consistently high level of

professional attainment of the engineers in the member

countries. The engineers so registered shall be meeting

international level of profession and they would be free to

practice their profession internationally without further

scrutiny or certification.

32.00.02-10. Hence, it would be seen that Chartered

Engineer(India) and Professional Engineer(India)

Certification by IEI is unique and is given to duly verified

experienced engineers. Such engineers are considered to be

at better footing as their professional attainment has been

scrutinized and assessed by an independent qualified body.


of 168



32.00.02-11. All Chartered Engineers(India), Professional

Engineers(India) along with other Corporate Members of the

Institution are bound by Code of Ethics and violation, if

any, attracts severe repercussions including expulsion from

the Institution. Copy of “Code of Ethics for Corporate

Members” is enclosed.

32.00.02-12. Hence, entrusting the responsibilities to such

Chartered and Professional Engineers would ensure

professional inputs, regulated and accountable conduct.

Thanking you,

Yours faithfully,

Sd/ Cdr A K Poothia, IN (Retd) Secretary & Director General

Enclosed:

1) Royal Charter 1935

2) Rules Book of IEI-Vol I

3) Letter Ref. No. F.8-4/78-T.7 dtd. 16.08.1978 from MESO,

Govt of India

4) A Pathway to Professional Development

5) Code of Ethics of Corporate member

cc: 1) Shri G C Miglani, Deputy Secretary, Parliament of

India, Rajya Sabha Secretariat, Parliament house/Annexe,

New Delhi-110 001

2) Shri Suraj Singh, MIE, 3373, Delhi Gate, New Delhi

110002 for Information please

33.00 Para AG


of 168






(Transcript of Communication received by P Eng

Suraj Singh petitioner from Rajya Sabha Deputy

Secret dated 18.9.2003)

33.00.01

No. RS.2(6)/2003-Com-II

Dated the 18th September, 2003

From

G.C. Miglani, Deputy Secretary,

To

Shri Suraj Singh, IEI Registered Professional

Engineer,

3373, Delhi Gate. New Delhi – 110 002.

Sub: Making it mandatory for Indian

Institutions/Municipalities etc. to accept IEI

Chartered Engineer/Professional Engineer

Certification – petition regarding.


of 168



33.00.02 Sir,

Reference your E-mail dated September 7, 2003

on the above subject, I wish to inform you that

your petition is still under process and you will

be informed no sooner a decision is taken there on.

Yours faithfully,

(G.C. MIGLANI) DEPUTY SECRETARY PHONE: 23034557

E-mail: [email protected]

33.00.03 No further information was ever received

by me, Chartered Engineer (India) / Professional

Engineer(India) Suraj Singh petitioner from Rajya

Sabha Committee in this regard

33.00.04 Yet, in response to one RTI filed by Eng

Altaf Usman Batliwala (Refer to Rajya Sabha

No.RS./2(86)/2012-RTIdated February 24th 2012)

received by Eng Altaf Usman Batlwala from Rajya

Sabha Secretariat, which is reproduced as follows

33.00.05 Quote

It is to inform that as per information available,

petition of Shri Suraj Singh was received in

Committee section (Petitions). However, same does



of 168



not stand admitted per records of section. Records

related to processing of this petition is not

available at this stage in terms of retention

schedule (Refer to Petitioner’s Exhibit PE13a)

Unquote

34.00.00 Para AH

International contracts Issue 8

International bodies leading on Contracts

An objective to include following references from

International bodies is to apprise honourable

court, about status of ‘Engineers’ in professional

practice, used globally on Civil Engineering

Buildings & other projects.

35.00.00 Para AI

International References 1-FIDIC (Refer to

Petitioner’s Exhibits PE21 to PE24)

1 Related to construction contracts & professionals

considered, within such contracts for purpose of

design & supervisions of works



of 168



FIDIC General Conditions of Contracts for

Construction Red Book 1999

35.00.01 1.1.2.4 (Refer to Petitioner’s

Exhibit PE 21)

35.00.02 ‘Engineer’ means person appointed by

Employer to act as ‘Engineer’ for purpose of

contract & named in appendix to tender/contract or

other person appointed from time to time by

Employer to be notified to contractor under sub-

clause 3.4


35.00.03 1.1.2.6

Employer’s Personnel means ‘Engineer’, ‘assistants’

referred to in sub-clause 3.2 (Delegation by

‘Engineer’) & all other staff & labour & other

employee of ‘Engineer’ & of Employer or any other

personnel notified to contractor by Employer or by

‘Engineer’ as Employer’s Personnel

35.00.04 1.1.2.9

DAB means person or three persons, so named in

contract or other persons, appointed under sub-


of 168



clause 20.2 (Appointment of Dispute Resolution

Board) or sub-clause 20.3 failure to Agree dispute

resolution board


35.00.05 1.1.2.10

FIDIC means the federation Internationale des

Ingenieurs Conseils or in English language it is

‘The International Federation of Consulting

Engineers’


35.00.06 This international organisation is

responsible to standardise various type of

contracting forms to be used on all types of

contracts around world

35.00.07 3.1 (Refer to Petitioner’s Exhibit PE22)

‘Engineer’-Engineer’s duties & authority

35.00.07-3.1a Employer shall appoint ‘Engineer’,

who shall carry out duties assigned to it in

contract.

35.00.07-3.1b Engineer’s staff shall include

suitably qualified ‘Engineers’ & other


of 168



professionals, who are competent to carry out these

duties

35.00.07-3.1c ‘Engineer’ shall have no authority

to amend contract

35.00.07-3.10c-a ‘Engineer’ may exercise

authority attributable to ‘Engineer’, as specified

in or necessarily to be implied from contract.

35.00.07-3.10c-b If ‘Engineer’ is required to

obtain approval of Employer, before exercising a

specified authority, requirement shall be stated in

Particular conditions.

35.00.07-3.10c-c Employer undertakes not to

impose further constraints on Engineer’s authority,

except as agreed with contractor

35.00.07-3.10c-d However, whenever ‘Engineer’

exercises a specified authority, for which Employer

approval is required, for purpose of this contract,

Employer shall be deemed to have given approval

Except as otherwise, state in these conditions


of 168



i. Whenever carrying out duties or exercising

authority, specified in or implied by contract,

‘Engineer’ shall be deemed to act for Employer

ii. ‘Engineer’ has no authority to relieve, either

party of any duties, obligations or

responsibilities under contract

iii. Any approval check, certificate, consent,

examination, inspection, instruction, notice,

proposal, request, test or similar act by

‘Engineer’ (including absence of disapproval) shall

not relieve contractor from any responsibility for

error, omissions, discrepancies & non compliance


35.00.08 11.9 (Refer to Petitioner’s Exhibit

PE24)

Performance Certificate

35.00.08.11.9a Performance of contractor’s

obligations shall not be considered to have been

completed, until ‘Engineer’ has issued Performance

Certificate to Contractor, stating date on which


of 168



Contractor completed contractual obligations under

contract

(Explanation 35.00 Para AI by petitioner)

Explanation-35.00-1 Foregoing contentions, relate

to External/International references FIDIC

applicable on Construction & Design & Construction

Contracts, which have been included for information

benefit of Honourable court to apprise status of

‘Engineer/Engineer’s definition on Contracts &

description of respective duties & obligations to

be effected for discharge professionally

Explanation-35.00-2 Contracts related to buildings

construction are parts of Buildings Engineering,

which are required to be administered by ‘Civil

Engineer’s internationally & disputes accrued on

contracts managements are dealt with by ‘Civil

Engineers’ based on enrolled Professional

qualifying degree title ‘Chartered Engineer or

Equivalent title applicable in country of Project

Location’


of 168



Explanation-35.00-3 ‘Engineer’ defined on contracts

is designated first level or lowest tier dispute

resolution authority, DAB (Dispute Resolution

Board) is designated second level or middle level

dispute resolution authority & finally statutory

constituted arbitration tribunal as highest

concluding authority, who adjudicates judgments on

disputes, which in form of arbitration awards are

treated equivalent to court decrees.

Explanation-35.00-4 Appointment related to all

members on DAB (Dispute Resolution Board) is done

by both parties to contract Employer & Contractor,

while qualification of Board Members, being

‘Engineers’ of Engineering & Contractual

background)

Explanation-35.00-5 Therefore, it can be seen that

qualified Chartered Engineers are considered

competent to be engaged on construction contracts,

which contracts could be either EPC status or

simply construction status based on Employer’s

provided designs, which project contract,


of 168



designated ‘Engineer” supervises & administers from

its commencement date to whatever completion dates

Explanation-35.00-6 Which also, infers that

designated ‘Engineers’ are entrusted to certify

compliance of contract activities, being

successfully prosecuted & then issue Contract

Performance Certificate & Project Completion

Certificates for purpose of meeting statutory

requirements all over world

Explanation-35.00-7 Since all major buildings

projects involve structural framing, preferably,

Engineers are entrusted to supervise & administer

these projects, so that structure does not remain

susceptible to any distressing & overstressing

risk, during serving & total lifetime of project

Explanation-35.00-8 Architects are employed on all

such projects to regularly visit project sites to

ensure that no design deviation occurs on any floor

layouts & no violation occurs anywhere, during

construction stages, while all architectural

discipline items, such as finishing activities are


of 168



monitored in details by architects, under

Engineer’s Contract administrative functioning

36.00 Para AJ



36.00-a International References 2-NEC New

Engineering Contract UK (Refer to Petitioner’s

Exhibit PE25)

36.00.01 Related to construction contracts &

professionals considered, within such contracts for

purpose of design & supervisions of works

36.00.02 NEC Engineering and Construction Contract by

Institution of Civil Engineers UK

36.00.03 New Engineering Contract (NEC), or NEC

Engineering and Construction Contract, is a

formalised system created by Institution of Civil

Engineers that guides drafting of documents on

civil engineering and construction projects for

purpose of obtaining tenders, awarding and

administering contracts.

https://en.wikipedia.org/wiki/Institution_of_Civil_Engineers



https://en.wikipedia.org/wiki/Legal_writing

https://en.wikipedia.org/wiki/Civil_engineering

https://en.wikipedia.org/wiki/Construction

https://en.wikipedia.org/wiki/Call_for_bids

https://en.wikipedia.org/wiki/Contracts


of 168



36.00.04 As such they legally define responsibilities

and duties of Employers (who commission work) and

Contractors (who carry out work) in Works

Information.

36.00.05 The contract consists of two key parts

Contract Data part one (Data provided by Employer)

and Contract Data part two (Data provided by

Contractor).

36.00.06 Several approaches are included making it a

family of options.

36.00.07 It is used in the UK and internationally in

countries, including New Zealand, Australia, Hong

Kong and South Africa.

36.00.08 There have been three editions, first in

1993, second in 1995, and most recent in 2005 June,

2005 edition of NEC3 was amended in June 2006, and

again in April 2013.


36.00-b Characteristics

NEC is a family of standard contracts, each of

which has these characteristics:

https://en.wikipedia.org/wiki/Law#Contract_law

https://en.wikipedia.org/wiki/Contractors

https://en.wikipedia.org/wiki/UK

https://en.wikipedia.org/wiki/New_Zealand

https://en.wikipedia.org/wiki/Australia

https://en.wikipedia.org/wiki/Hong_Kong

https://en.wikipedia.org/wiki/Hong_Kong

https://en.wikipedia.org/wiki/South_Africa


of 168



36.00.01 Its use stimulates good management of

relationship, between two parties to contract and,

hence, of work included in contract.

36.00.02 It can be used in a wide variety of

commercial situations, for a wide variety of types

of work and in any location.

36.00.03 It is a clear and simple document - using

language and a structure, which are straightforward

and easily understood.

36.00-c NEC3 complies fully with Achieving

Excellence in Construction (AEC) principles.

Efficiency & Reform Group of UK Cabinet Office

recommends use of NEC3 by public sector

construction procurers on their construction

projects.


Options

36.00.0001 NEC contracts now form a suite of

contracts, with NEC being brand name for "umbrella"

of contracts.

http://www.ogc.gov.uk/guidance_achieving_excellence_in_construction.asp

http://www.ogc.gov.uk/guidance_achieving_excellence_in_construction.asp


of 168



36.00.0002 When it was first launched in 1993, it

was simply "New Engineering Contract".

36.00.0003 This specific contract has been renamed

"Engineering and Construction Contract" which is

main contract used for any construction based

project.

36.00.0004 It now sits alongside a number of other

contracts that together should mean that NEC suite

is suitable for whatever stage of a lifecycle

project is at and for any party within a project.

36.00.0005 Contracts available within suite are:

Engineering and Construction Contract (ECC):

36.00.0006 Suitable for any construction based

contract, between an Employer and a Contractor.

36.00.0007 It is intended to be suitable for any

sector of industry, including civil, building,

nuclear, oil & gas, etc.

36.00.0008 Within ECC contract there are six family

level options of which, Employer will choose, what

he deems to be most suitable and give him best

option/value for money on that project:


of 168



36.00.0009 (Explanation 36.00 Para AJ by

petitioner)

Explanation-36.00-1 Foregoing contentions, relate

to External/International references NEC on

Construction Contracts has been included for

information benefit of Honourable court to apprise

status of Engineer/Engineer’s definition on

Contracts & description of respective duties &

obligations to be effected/discharged

professionally

Explanation-36.00-2 Contracts related to buildings

construction/erection are parts of Buildings

Engineering discipline, which are required to be

administered by Civil Engineers internationally &

disputes accrued on contracts managements are dealt

with by Civil Engineers, based on Professional

qualifying degree title Chartered Engineer or

equivalent degree title of that country, where

project is located

Explanation-36.00-3 All NEC designed forms of

contracts & execution/ prosecution of projects


of 168



performance are supervised & administered by

Chartered Civil Engineers

37.00 Para AK

Certain Authoritative Conclusive References

Certain Conclusive References from Indian Courts,

Local Bodies/Authorities/Architect Bill

Presentation in parliament given below

37.00-Reference1 Allahabad high court judgment

against UP State Government Notification- Petition

# 27386 of 1997

Uttar Pradesh Government notified on June 24th 1997

that reconstruction of building up to 300 sqm in

area, maps prepared per bye laws of Development

Authority, signed & certified by Registered

Architect, No approval of Development Authority was

required. Notification was challenged in Hon

Allahabad High Court.Justice M Katju & Justice J C

Misra stayed impugned notifications on September

29th 1997. Arguments were heard. Acknowledged that

such a notification will amount to discrimination

in respect of Engineers & diploma holders


of 168



37.00-Reference2 Hon Kerala Hon High Court

Judgment dated October 14th 2003 in OP# 33507 of

2000

Government of Kerala is pleased to accord sanction

to exempt Corporate Members of Institution of

Engineers (India) also, from taking license from

Municipal Authorities, as in case of Architects

considering qualifications & experience of

Corporate Members

37.00-Reference3 Kolkata Municipal Corporation

circular # 43 of 1999-2000-

It has been decided that Civil Engineers, who are

Members/Fellows of The Institution of Engineers

(India) are deemed to be authorised to act as

Building Surveyors under CMC

37.00-Reference4 Banglore Municipal bye laws 2003

dated Feb 21st, 2004-

IV-3 Engineer

IV-3.1 & IV-3.2 Qualification & Competence

Minimum qualification & competence is stated

strictly per provisions in National Buildings code


of 168



37.00-Reference5 Uttar Pradesh Government

circular dated January 5th 2008 (Refer to

Petitioner’s Exhibit PE 26)In whole UP state,

118(1)/8-1-8/07

Civil Engineers, who are Corporate Members of The

Institution of Engineers (India) are authorised to

practice, per competence stated in NBC 2005

Similar to architects, Engineers will not be

required to take any license or registration of any

authority, related to construction or development

37.00-Reference6 No charges for Engineers

registered by Bhuvneshwar Development Authority

37.00-Reference7 MIDC –Maharastra- DC rules had

mentioned only Architects. After representations,

Engineers were included

37.00-Reference8 Maharastra State Agricultural

Marketing Board Pune advertised for panel

Architects, to which after representation,

Engineers were included


of 168



37.00-Reference9 Melagaon Municipal Corporation

district Nasik advertised only for Architects, to

which after representation, Engineers were included

37.00-Reference10 During Architects Bill

Presentation in Parliament-

Statement of Objects & Reasons- this legislation

protects title Architects, but does not make

Design, Supervision & Construction of buildings as

an exclusive responsibilities of Architects.

Other professions like Engineers will be free to

engage themselves in their normal vocations in

respect of building construction work, provided

that they do not style themselves as Architects

38.00 Para AL

Concluding Prayers Issue 9

Concluding Payers

38.00.01 That a prayer is made that all

Engineering Services, respecting Structural

Engineering, Civil Engineering, Electrical

Engineering, Mechanical Engineering HVAC systems

Water Supply & Sanitary Engineering, Security


of 168



Engineering etc. should be struck off from

Architectural Comprehensive Services List, declared

by Council of Architecture, under included Council

of Architecture Regulation 1989 & pursuant to these

Regulations, published on Council of Architecture

website Referral Document COA/DOC/03/2002/APR/12&13

(Refer to Petitioner Exhibit PE 20), which document

enlists all services disputed / impugned list on

page 53 handbook of professional documents, Council

of Architecture

38.00.02 And, that Honourable Supreme Court is

prayed to devise a direction to Government of

India, all state Governments, all such state

governments authorities, all local bodies, all

municipalities, all authorities, other authorities

& others, as relevant in India to direct them in

all required aspects & respects, to comply with

provisions, included within IEI Charter 1935, so

that Chartered Engineers (India) & Professional

Engineers (India) & other Competent Engineers

attached to various professional societies, from


of 168



respective branches of engineering may be able to

work for public & required legally, to work on

various engineering disciplines, pertinent all

engineering activities competency wise, so as to

realise in existence, professional practicing role

of engineers in society & contribute onto national

development / delivering Quality Engineering

Services. In this regard a common communiqué was E

mailed to various state government requesting to

comply by IEI Charter provisions/mandate, which

permits Chartered Engineer[India] freely practice

Engineering profession & in particular, on

Buildings & Buildings structures (Refer to PE 28)in

consequence to which, no response received at all.

38.00.03 And, that a prayer is made respectfully

on Hon court to order that To an extent, when

deciding concerned professional engineering

competencies, it is an obligatory Chartered

Responsibility of ‘The Institution of Engineers

(India)’ to notify all details, related to each

discipline & specialisation competencies in all


of 168



branches of Engineering, so as to enable public &

all authorities, apprise themselves with limits,

mandatory responsibilities & statutory obligations,

which shall also, keep all professional engineers &

all engineers in profession, whosoever binding,

during providing such designated professional

engineering services to, whosoever be a client or

user of such professional engineering service,

whether or not, in public or private sector or

others. In this regard petitioner has submitted its

proposal dated November 1st 2016 & reminders

thereafter dated November 25th 2016 & dated December

29th 2016 & 19

th February 2017 to The Institution of

Engineers[India] to constitute Engineers

Competencies Byelaws respecting Engineers, who

professionally, practise on activities of designs &

construction of Buildings (Refer Petitioner Exhibit

PE 27), but no response in this regard received

from The Institution of Engineers[India] Article 18

IEI Royal Charter 1935 empowers IEI Corporate


of 168



Members to enact byelaws to meet professional

requirements

38.00.04 And, that it is further prayed for title

protection, Whereas IEI Charter being a letters

patented law, & whereas its Present/Article 22

protects IEI & its Corporate Members Chartered

Engineers (India) in each & every deemed

professional engineering powers, authority &

respects appended thereto, titles of Chartered

Engineer (India), Professional Engineer (India) &

Engineers attached to various other recognised

professional societies should be protected by law,

which requires that title ‘Engineer’ should be used

only by Chartered Engineers (India), Professional

Engineer (India), Engineers attached to other

recognised professional bodies as well as, by all

those Engineers, who draw such entitlement from

other special Acts, while all other persons using

or subscribing this title ‘Engineer’ for

professional practice objective or otherwise

similar objective, be prohibited / banned from


of 168



‘Engineer’ title use, with action taken under

Indian Panel Code in case of its violation.