THE KARNATAKA PROFESSIONAL CIVIL ENGINEERS ACT, 2024
KARNATAKA ACT NO. 31 OF 2024
(First published in the Karnataka Gazette Extra-ordinary on the 10th day of June, 2024)
(Received the assent of the Governor on the 21st day of May, 2024)
An Act to provide for constitution of the Karnataka Professional Civil Engineers Council.
Whereas it is expedient to constitute the Karnataka Professional Civil Engineers Council to provide for registration of Professional Civil Engineers and for matters connected therewith.
Be it enacted by the Karnataka State Legislature in the seventy fifth year of the Republic of India as follows:-
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.- (1) This Act may be called the Karnataka Professional Civil Engineers Act, 2024.
(2) It extends to the whole of the State of Karnataka.
(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
2. Definitions.- In this Act, unless the context otherwise requires,-
(a) “Certificate of Practice” means a certificate issued under section 22 by the Council established under section 3 of the Act;
(b) “Certificate of Registration” means a certificate issued to the Civil Engineer whose name is entered into the register maintained under this Act;
(c) “Civil Engineer” means a person who has obtained a Diploma in Civil Engineering or Bachelors Degree in Civil Engineering/ Masters Degree in any discipline of Civil Engineering as defined in National Building Code – 2016(NBC-2016);
(d) “Council” means the Karnataka Council of Professional Civil Engineers established under section 3;
(e) “Disciplinary Committee” means a committee constituted under section 31 of the Act;
(f) “Engineering Designs” means Civil, Structural, Geo-technical, Environmental Engineering Designs/Drawings and also encompassing Conceptual Plans, Master Plans, Layout Plans, other design & drawings etc., for buildings & infrastructure;
(g) “Professional Civil Engineer” means a registered civil engineer who has obtained a Certificate of Practice from the Karnataka Council of Professional Civil Engineers (KCPCE);
(h) “Recognised Engineering Institution” means any college/institution/university established by law in India or other institution in India or outside India which imparts education in civil engineering and confers a degree or diploma in civil engineering;
(j) “Register” means the register of Professional Civil Engineers maintained under section 23;
(j) “Registrar” means the registrar appointed under section 12;
(k) “Registered Civil Engineer” means a person who has enrolled with the Karnataka Council of Professional Civil Engineers;
(l) “Regulations” means regulations made under section 46 by the Council;
(m) “Rules” means Rules made under section 45 by the State Government; and
(n) “State Government” means the Government of Karnataka.
CHAPTER II
KARNATAKA COUNCIL OF PROFESSIONAL CIVIL ENGINEERS
3. Establishment and Composition of Council.- (1) The State Government shall by notification establish a Council to be known as the “Karnataka Council of Professional Civil Engineers” for the purpose of carrying out the aims and objects of this Act.
(2) the Council shall be a body corporate by the name aforesaid having perpetual succession and a common seal, with power to acquire, hold or dispose of property, both movable and immovable and to contract and shall, by the said name sue or be sued.
(3) The Head Quarters of the Council shall be at Bengaluru.
(4) The Governing Council shall consist of the following eighteen members namely:-
(a) Ten members to be elected amongst Professional Civil Engineers. Out of them, four members to be elected from Bengaluru Division, two members to be elected each from Belagavi, Gulbarga and Mangalore Division.
(b) The following shall be the ex-officio members of the Governing Council nominated by the State namely: -
(i) an officer of the rank of Chief engineer or equivalent grade or rank amongst the civil engineers either from the Urban Development Department or Urban Housing Department in the Municipal Corporations in the State;
(ii) one member who is the Chief Engineer in the Department of PWD in-charge of roads and buildings;
(iii) one member who is the Chief Engineer in the Department of Water Resources or Neeravari Nigams;
(iv) one member who is Chief Town Planner, if he is a Civil Engineer, or senior most Civil Engineer in the Town Planning Department of the Government of Karnataka.
(c) One member to be nominated by the Vice-Chancellor of Visvesvaraya Technological University (VTU) from amongst its civil engineering faculty with not less than 10 years of teaching experience
(d) One member to be nominated by the Commissioner, Department of Technical Education, Karnataka State, from amongst the professors in the faculties of the civil engineering with not less than 10 years of teaching experience in any Universities other than VTU established by law in the State and/or the professors of colleges affiliated to such Universities, imparting education in civil engineering,
(e) Two members to be co-opted by the Council from amongst the Professional Civil Engineers.
(5) Notwithstanding anything contained in clause (a) of sub-section (iv), the State Government may, pending preparation of the register, nominate to the first Council, Civil Engineers who are eligible for registration under section 19 and having minimum experience of 5 years and such first Council shall consist of such number of members possessing such qualification as mentioned in sub-section (4) of section 3. Such nominated members including the President shall hold office for a period of two years as the State Government, by notification in the Official Gazette, specify.
4. President and Vice-President of Council.- (1) The President and the Vice-President of the Council shall be elected by the members of the Council other than co-opted members from amongst themselves in the manner specified in section 5:
Provided that on the first constitution of the Council and until the President is elected, a member of the Council nominated by the State Government in this behalf shall discharge the functions of the President.
(2) An elected President or Vice-President of the Council shall hold office for a term of three years or till he ceases to be a member of the Council, whichever is earlier, but subject to his being a member of the Council, he shall be eligible for re-election:
Provided that-
(a) the President or the Vice-President may, by writing under his hand addressed to the Vice-President or the President, as the case may be, resign his office;
(b) the President or the Vice-President shall, notwithstanding the expiry of his term of three years, continue to hold office until his successor enters upon office.
(3) The President and the Vice-President shall exercise such powers and discharge such duties as may be specified by Regulations.
5. Mode of Elections.- (1) Elections of the President and Vice-President under this Chapter shall be conducted in such manner as may be prescribed by Rules.
(2) Where any dispute arises regarding any such election, the matter shall be referred by the Council to a Tribunal to be constituted by the State Government by notification in the Official Gazette, in this behalf in such manner as may be prescribed in the Rules and the tribunal shall follow such procedure as may be prescribed. The decision of the Tribunal shall be final.
Provided that no such reference shall be made except on an application made to the Council by an aggrieved party within thirty days from the date of the declaration of the result of the election.
(3) The expenses of the Tribunal shall be borne by the Council.
6. Term of office and casual vacancies.- (1) (a) Subject to the provisions of this section, an elected member shall hold office for a term of three years from the date of his election.
(b) A member, co-opted under clause (e) of sub-section (4) of section 3 shall hold office for such term, not exceeding three years, as the Council may determine.
(2) An elected, nominated or co-opted member may, at any time, resign his membership by writing under his hand addressed to the President, or in his absence, to the Vice-President, and the seat of such member shall there upon become vacant.
(3) A nominated ex-officio member shall cease to be a member on his superannuation, resignation or when he ceases to hold the post by virtue of which he was nominated
(4) A member shall be deemed to have vacated his seat-
(i) If he is absent for three consecutive ordinary meetings of the Council without excuse and if the reasons for the absence are not satisfactory in the opinion of the Council: or
(ii) If he ceases to be a Professional Civil Engineer referred to in clause (a) or (d) of sub-section (4) of section 3 or if he ceases to be a professor referred to in clause (c) of sub-section (4) of section 3.
(5) Any casual vacancy in the Council shall be filled by fresh election or nomination or co-option and the person so elected or nominated or co-opted to fill the vacancy shall hold office only for the remainder of the term of the member whose place he takes.
(6) Members of the Council shall be eligible for re-election or re-nomination or re-co-option; however no member can continue for more than two consecutive terms.
7. Conduct of Election of the Council.- General election of the Council shall be held within one month before the date of expiry of the term of three years.
8. Constitution of Special Committee in the absence of election.- (1) Where the Council of Professional Civil Engineers fails to provide for the election of its members one month prior to the expiry of the term of three years referred to in section 6, the Council in its special general body meeting decide and constitute a special committee consisting of -
(i) The Senior most member of the Council as the Chairman:
(ii) One member from each revenue division to be nominated by the Council from amongst the roll of Professional Civil Engineers present in the general body meeting
to discharge the functions of the Council till new body is constituted:
(2) On the constitution of the Special Committee-
(a) all properties and assets vested in the Council shall be managed by Special Committee;
(b) all rights, liabilities and obligations of the Council, whether arising out of any contract or otherwise, shall be the rights, liabilities and obligations of the Special Committee;
(3) The Special Committee constituted under sub-section (1) shall, hold elections to the Council within a period of six months from the date of its constitution.
9. Validity of act or proceeding of the Council, not to be invalidated by reason of vacancy, etc.- (1) No act or proceeding of the Council shall be invalid merely by reason of,
(a) any vacancy or defect in the constitution of the Council, or
(b) any defect in the election or nomination or co-option of a person acting as a member thereof, or
(c) any irregularity in procedure not affecting the merits of the case.
10. Disqualifications.- A person shall not be eligible for election or nomination or co-option as a member of the Council if he,-
(a) is an adjudged insolvent; or
(b) has been convicted by any Court in India for any offences affecting moral turpitude and sentenced to imprisonment for a term not less
than two years, and shall continue to be ineligible to contest election for a further period of five years since his release; or
(c) is declared as of unsound mind by a competent authority or court.
11. Meetings of the Council.- (1) The Council shall meet at least once in every three months at such time and such place and shall observe such rules of procedure with regard to the transaction of business at its meetings as may be specified by Regulations.
(2) Unless otherwise specified by regulations, five elected members of the Council other than co-opted members shall form a quorum, and all the subjects in the agenda in a meeting of the Council shall be decided by a majority of the members present and voting.
(3) In the case of an equal division of votes, the President, or in his absence, the Vice-President or in the absence of both, the member nominated by the President shall preside over the meeting, and exercise a second or casting vote.
(4) A co-opted member shall have a right to take part in the proceedings of the Council but shall not be entitled to vote.
12. The Registrar.- (1) the registrar shall be a full time officer of the Council to be appointed by the Council who shall also be the secretary of the Council.
(2) The Registrar shall be the custodian of all records of the Council.
(3) The Registrar shall convene the meeting of the Council with the approval of the President or in his absence by the approval of Vice-President.
13. Fees and allowance to President, Vice-President and Members.- The President, the Vice-President and other Members of the Council are entitled to such fees and allowances as the Council may, with the previous sanction of the State Government, fix in this behalf.
14. Annual General body Meeting.- (1) The Council shall convene a general body meeting of its governing Council members once in a year before twenty fifth day of September for the purpose of,-
(a) consideration of annual report presented by the Council;
(b) consideration of latest available audit report and the report of the Council;
(c) consideration of inquiry report, if any;
(d) approval of the programme of activities of the Council for the ensuing year;
(e) approval of the annual budget;
(f) creation of specific reserve and other funds;
(g) amendment of Rules and Regulations;
(h) consideration of the inquiry and inspection reports, if any, and the compliance report of the Council on the action taken regarding the rectification of defects and remedying of the irregularities pointed out in the said reports;
(i) appointment of auditors;
(j) Consideration of any other matter which may be brought forward in accordance with the Rules;
15. Special General Body Meeting:- The Council may at any time call a special general body meeting of the Council.
16. Officers and employees of the Council.- (1) The Council shall-
(a) appoint treasurer and such other officers and employees as the Council deems necessary to enable it to carry out its functions under this Act; and
(b) with the previous sanction of the State Government, fix the pay and allowances and other conditions of service of all the officers and employees of the Council as per Regulations.
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(2) The salaries and allowances of all the officers and the employees of the Council shall be defrayed out of the funds of the Council.
17. Funds of Council.- (1) There shall be a Fund established under the management and control of the Council.
(2) The Fund shall consist of-
(a) The Financial grant if any received from the State Government;
(b) Any sum received under this Act whether by way of fee or otherwise.
(3) The Council shall meet all expenses and liabilities incurred by it out of that fund.
(4) The Council shall keep proper accounts of the Fund distinguishing capital from revenue in such manner as may be prescribed.
(5) The annual accounts of the Council shall be subject to audit by an auditor to be appointed annually by the Council.
(6) As soon as may be practicable at the end of each financial year, but not later than the thirtieth day of September of the year next following, the Council shall cause to be published in the Official Gazette, a copy of the audited accounts and the report of the Council for that year and copies of the said accounts and report shall be forwarded to the State Government.
(7) The funds standing in the credit of Council, which cannot immediately be utilised, shall be kept in fixed deposits in any bank specified in the Second Schedule to the Reserve Bank of India Act, 1934 and/or in any Government security or in any other security approved by the State or Central Government.
18. Functions of Council.- Subject to the provisions of this Act, the Council shall perform the following functions, namely:-
(a) To constitute a Registration Committee for the compliance of section19;
(b) To constitute a Disciplinary Committee as per section 31;
(c) To cause, to prepare and maintain a register of Professional Civil Engineers;
(d) To prescribe standards of professional conduct and etiquette and code of ethics for Professional Civil Engineers;
(e) To act as appellate authority over the decisions taken by the Registration Committee;
(f) To remove from the register the names of Professional Civil Engineers and to restore to the register the names of Professional Civil Engineers which have been removed;
(g) To exercise disciplinary powers conferred by this Act;
(h) To manage the property of the Council;
(i) To manage and control the fund established under sub-section (1) of section 17;
(j) To keep proper accounts of the fund;
(k) To levy and collect fees from civil engineers applying for registration, Professional Civil Engineers and others;
(l) To perform such other functions as are laid down in this Act and in the Rules and Regulations;
(m) To organize training programs or seminars for updating skills in all fields of civil engineering; and
(n) To establish and promote Welfare Fund Scheme for the benefit of Registered Professional Civil Engineers.
CHAPTER III
REGISTRATION OF PROFESSIONAL CIVIL ENGINEERS
19. Registration Committee.- A committee of five members shall be constituted from amongst the Council members for the purpose of Registration of Civil Engineers and issuance of Certificate of Practice.
20. Registration to practice as Civil Engineer.- Every civil engineer who intends to practice in the State of Karnataka shall enroll himself in the register maintained by the Council within one year from the date of commencement of this Act.
21. Qualification for Registration.- (1) Any person having a Diploma or Bachelor or Master degree in a Civil Engineering discipline from a recognised engineering institution or university shall be eligible to have his name entered in the register.
(2) Every person eligible under sub-section (1), shall get his name entered in the register by submitting an application to the Council in such manner as may be specified by Regulations and on payment of such fees as may be prescribed by rules.
(3) Any person whose application to have his name entered in register is rejected or has been denied the Certificate of Practice by the Registration Committee, may within three months of the date of such rejection of the application, appeal to the Council, and the decision of the Council in such appeal shall be final.
(4) Upon entry of a name in the register under this section, a Certificate of Registration in such form as may be prescribed by rules, shall be issued duly signed by the President and the Registrar.
22. Certificate of Practice.- (1) Every registered civil engineer shall not practice as a Professional Civil Engineer in the State of Karnataka unless he has gained experience in the field of civil engineering from a registered Professional Civil Engineer .
Provided that, in case of diploma holders not less than two years experience and in case of Bachelor degree or Master degree holders not less than one year experience, is required to obtain a Certificate of Practice from the Council.
Provided further that a civil engineer possessing any qualifications specified in section 20 the on date of commencement of this Act, having experience of working as a civil engineer for a period of not less than three years shall be eligible to have Certificate of Practice.
(2) Every Professional Civil Engineer shall pay such annual fees as prescribed by rules and such fee shall be payable on or before the 1st day of April of that year.
23. Preparation and maintenance of register.- (1) The Council shall, upon its constitution, cause to prepare a register of Professional Civil Engineers in the State and maintain the same in accordance with the provisions of this Act.
(2) The register shall include the following particulars, namely:-
(a) the full name with date of birth, nationality, residential and official address and area of specialisation of the Professional Civil Engineer;
(b) the date on which his name is registered in the register;
(c) his qualifications and the date on which he obtained those qualifications and the authority which conferred it; and
(d) such further particulars as may be prescribed by rules.
24. Removal of name from register.- (1) The Council may, by order, remove from the register the name of any Professional Civil Engineer-
(a) From whom a request has been received to that effect, or
(b) Who has died since the last publication of the register.
(2) Subject to the provisions of this section, the Council may order that the name of any Professional Civil Engineer shall be removed from the register where it is satisfied, after giving him a reasonable opportunity of being heard and after such further inquiry, if any, as it deems fit on the grounds-
(a) that his name has been entered in the register by error or on account of misrepresentation or suppression of a material fact; or
(b) that he has been convicted of any offence which, in the opinion of the Council, involves moral turpitude or has been guilty of any professional misconduct or has violated standards of professional conduct and etiquette or the code of ethics which, in the opinion of the Council, renders him unfit to be kept in the register; or
(c) that he is an adjudged insolvent; or
(d) that he is declared as of unsound mind by a competent authority or court.
(3) An order under sub-section (2) may direct that any Professional Civil Engineer whose name is ordered to be removed from the register shall be ineligible for registration under this Act either permanently or for such period as may be specified.
(4) A person aggrieved by an order under sub-section(2) of this section or sub-section (2) of section 30 may, within sixty days from the communication to him of such order, appeal to the Karnataka Appellate Tribunal and the decision of the Tribunal in such appeal shall be final.
(5) An order under sub-section (2) shall not take effect until the expiry of three months from the date thereof or until an appeal under sub-section (4) is disposed of, whichever is later.
(6) The Professional Civil Engineer whose name is so removed from the register shall be published in the Official Gazette.
25. Surrender of Certificates.- (1) A Professional Civil Engineer whose name has been removed from the register under sub-section(1) or sub-section(2) of section 24, or sub-section (2) of section 30 or
(2) Where a Professional Civil Engineer is dead, his legal representative, as defined in clause (11) of section 2 of Code of Civil Procedure, 1908 shall forthwith surrender the certificates of registration and practice to the Registrar.
26. Restoration of name in the register.- The Council may, at any time for sufficient reasons to be recorded, restore the name of the person removed from register upon payment of such fee as may be prescribed by Rules.
27. Issue of duplicate Certificate.- Where it is shown to the satisfaction of the Registrar that a Certificate of Practice has been lost or destroyed, the Registrar may, on payment of such fee issue a duplicate certificate in such form as may be prescribed by rules.
28. Printing of register.- As soon as may be after the 1st day of April in each year, the Registrar shall cause to print copies of the register as it stood on the said date and such copies shall be published and made available to persons applying there for on payment of such fee as may be prescribed by rules.
CHAPTER IV
PROFESSIONAL MISCONDUCT
29. Professional misconduct.- (1)The Council may by Regulations prescribe standards of professional conduct and ethics for Professional Civil Engineers.
(2) The Regulations made by the Council under sub-section (1) may specify which of the violations constitute professional misconduct. Such provisions shall have effect notwithstanding anything contained in any law for the time being in force.
30. Procedure for inquiries relating to misconduct.- (1) On receipt of a complaint if the Council is of prima facie opinion that any Professional Civil Engineer has been guilty of professional misconduct which, if proved, would render him unfit to practice as a Professional Civil Engineer, the Council may refer the matter to the disciplinary committee to hold an inquiry in such manner as may be prescribed by rules.
(2) On receipt of the inquiry report from the disciplinary committee under sub-section (1), if the Council is of the opinion that the Professional Civil Engineer has been found guilty of professional misconduct, it may, after giving an opportunity of hearing pass an order either to reprimand him or suspend him from practice as a Professional Civil Engineer or remove his name from the register or pass such other order as it thinks fit.
31. Disciplinary Committee.- The Disciplinary Committee constituted by the Council shall consist of three persons of whom two shall be persons elected by the Council from amongst its members and the other shall be a person co-opted by the Council from amongst Professional Civil Engineer and who is not member of the Council, and the senior-most Professional Civil Engineer amongst the members of a committee shall be the Chairman thereof.
32. Powers of Disciplinary Committee.- (1) The disciplinary committee of the Council shall have the same powers as are vested in a
Civil Court under the Code of Civil Procedure, 1908 (Central Act 5 of 1908), in respect of the following matters, namely:-
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring discovery and production of any documents;
(c) receiving evidence on affidavits;
(d) requisitioning any public record or copies thereof from any court or office;
(e) issuing commissions for the examination of witnesses or documents; and
(f) any other matter which may be prescribed.
(2) While conducting the enquiry the disciplinary committee shall follow the principles of natural justice.
CHAPTER V
OFFENCES AND PUNISHMENT
33. Penalty for non registration.- Any person who practices as a Professional Civil Engineer without getting his name entered in the register shall be punishable with imprisonment which may extend up to six months or with fine which may extend up to rupees fifty thousand or with both.
34. Penalty for falsely claiming to be registered.- (a) If any person whose name is not entered in the register, falsely represents that it is so entered, or uses in connection with his name or title any words or letters reasonably calculated to suggest that his name is so entered shall be punishable with imprisonment which may extend up to one year or with fine which may extend up to rupees one lakh or with both.
(b) If any person being registered as a Professional Civil Engineer but not having a Certificate of Practice, practices as a Professional Civil Engineer shall be
punishable with imprisonment which may extend up to six months or with fine which may extend up to rupees fifty thousand or with both.
35. Prohibition against use of title.- (1) After the expiry of six months from the date of the preparation of the register, no person other than a registered Professional Civil Engineer, or a firm of Professional Civil Engineers shall use the title and style of Professional Civil Engineer.
(2) If any person contravenes the provisions of sub-section (1), he shall be punishable with imprisonment which may extend up to six months or with fine which may extend up to rupees fifty thousand or with both.
36. Unqualified persons not to certify engineering designs or drawing.- (1) Notwithstanding anything contained in any law for the time being in force, after the expiry of two years from the commencement of this Act, only persons competent, as defined in National Building Code-2016, and a Professional Civil Engineer registered with Council, shall supervise or execute or certify any Engineering design or drawing or construction of:
(a) a building the plinth area of which exceeds fifty square meters; or
(b) a building the height of which exceeds the normal height of a building having the ground floor only; or
(c) a building which does not have load bearing type masonry structure; or
(d) a building which is a part of a larger housing project comprising not less than three buildings, notwithstanding the plinth area of such building is fifty square meters, or less than fifty square meters;
(2) Any person contravening the provisions of sub-section (1) shall, without prejudice to any other proceedings which may be taken against him, shall be punishable with simple imprisonment which may extend up to one year or with fine which may extend up to rupees one lakh or with both.
37. Failure to surrender certificates of registration and practice.- If any Professional Civil Engineer whose name has been removed from the register fails to surrender his certificates of registration and practice, shall be punished with simple imprisonment for a term which may extend up to three months or with fine which may extend up to rupees twenty five thousand or both.
38. Cognizance of offences.- (1) No Court shall take cognizance of any offence punishable under this Act, except upon complaint made by the Council or a person authorised in this behalf by the Council.
(2) No Magistrate other than a Metropolitan Magistrate or a Magistrate of the first class shall try any offence punishable under this Act.
CHAPTER – VI
MISCELLANIOUS
39. Authority not to permit construction unless engineering design is certified by Professional Civil Engineer.- Notwithstanding anything contained in any law for the time being in force, after the expiry of two years from the commencement of this Act, the State Government or any of its officers or a Local Authority or any of its officers or an Area Development Authority or Urban Area Development Authority constituted under the Karnataka Town Planning and Urban Development Act, 1976 or any of its officers shall not permit construction of a building falling under any of the clauses (a) to (d) of sub-section (1) of section 36 unless the design or drawing of the building is certified by a Professional Civil Engineer.
40. Information to be furnished by the Council and publication thereof.- The Council shall furnish annual report, audit report, any other reports, copies of the minutes and other information to the State Government as and when the Government requires.
41. Protection of action taken in good faith.- No suit, prosecution or other legal proceeding shall lie against the Council or any member of the Council, or officers and other employees of the Council for anything which is done in good faith or intended to be done under this Act or any rule or Regulations made there under.
42. Control, Supervision and Supersession of the Council.- (1) If at any time it shall appear to the State Government that the Council has failed to exercise, or has exceeded or abused any of the powers conferred upon it by or under this Act, or has failed to perform any of the duties imposed upon it by or under this Act, the State Government may, if it considers such failure, excess or abuse to be of a serious character, notify the particulars thereof to the Council, and if the Council fails to remedy such default, excess or abuse, within such time as the State Government may fix in this behalf, the State Government may dissolve the Council, and cause all or any of the powers and duties of the Council to be exercised and performed by such person or authority for a period not exceeding six months and there upon the funds and property of the Council shall vest in the State Government for the purpose of this Act until a new Council is constituted under section 3.
(2) When the State Government has dissolved the Council under sub-section (1), it shall take steps as soon as possible to constitute a new Council under section 3 and thereupon the property and funds referred to in sub-section (1) shall revest in the Council so constituted.
43. Members of Council, officers and employees to be public servants.- The members of the Council and officers and other employees of the Council shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.
44. Power to remove difficulties.- (1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order published in the Official Gazette, make such provision, not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty:
Provided that no such order shall be made under this section after the expiry of two years from the date of commencement of this Act.
(2) Every order made under this section shall, as soon as may be after it is made, be laid before the State Legislature.
45. Power to make Rules.- (1) The State Government in consultation with the Council make rules to carry out the purposes of this Act, by notification with previous publications in the Official Gazette.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-
(a) The manner in which the elections under Chapter II shall be conducted, the terms and conditions of service of the member of the Tribunal appointed under sub-section (2) of section 5 and the procedure to be followed by the Tribunal;
(b) The fee to be paid under section 20, sub-section (2) of section 21 and sections 26, 27 and 28;
(c) The form in which a Certificate of Practice is to be issued under section 22;
(d) Further particulars to be included in the register under clause (d) of sub-section (2) of section 23;
(e) The form in which a duplicate certificate is to be issued under section 27;
(f) The manner in which the Council shall hold an inquiry under sub-section (1) of section 30;
(g) Any other matter which is to be or may be provided by rules under this Act.
(3) The power to make rules conferred by this section shall be subject to the condition of the rules being made after previous publication.
(4) All rules made under this section shall be laid for not less than thirty days before the State Legislature as soon as may be after they are made and shall be subject to revision by the State Legislature or to such modifications as the State Legislature may make during the session in which they are so laid or in the session immediately following.
(5) Any revision or modification so made by the State Legislature shall be published in the Official Gazette, and shall there upon take effect.
46. Power to make Regulations.- (1) The Council may, with the approval of the State Government, make Regulations not inconsistent with the provisions of this Act or the Rules made there under, to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such Regulations may provide for-
(a) the management of the property of the Council;
(b) the powers and duties of the President and the Vice- President under sub-section (3) of section 4;
(c) the summoning and holding of meetings of the Council, the times and places at which such meetings shall be held; the conduct of business there at.
(d) the manner in which the qualifications and experience shall be verified by the Council under sub-section (1) of section 21;
(e) the manner in which an application is to be made and granted under sub-section (3) of section 21;
(f) the standards of professional conduct and etiquette and a code of ethics to be observed by the Professional Civil Engineer under section 29;
(g) any other matter which is to be or may be provided by Regulations under this Act.
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