CREATION

Whereas it is expedient to provide for regulating the profession of engineers and matters connected therewith as well as development and maintenance of the profession of Engineers:
It is hereby enacted a follows:

87.1 Short Title, Extent and Commencement

  • This document may be called “The Bangladesh Professional Engineers Registration Board Bye-Laws 2000”
  • It extends to the whole of Bangladesh;
  • It will come into force as decided by the functional body of the Institution.
87.00 The Bangladesh Professional Engineers Registration Board

Whereas it is expedient to provide for regulating the profession of engineers and matters connected therewith as well as development and maintenance of the profession of Engineers:
It is hereby enacted a follows:

87.1 Short Title, Extent and Commencement

i) This document may be called “The Bangladesh Professional Engineers Registration Board Bye-Laws 2000”
ii) It extends to the whole of Bangladesh;
iii) It will come into force as decided by the functional body of the Institution.

87.2 Definitions

87.02.01 In these Bye-Laws unless there is anything repugnant in the subject or context :

(i)  “Government” means Government of the People’s Republic of Bangladesh.

(ii) “Board” means the Bangladesh Professional Engineers Registration

Board constituted under this document for the purpose of the registration of Professional Engineers;

(iii) “Institution” means the Institution of Engineers, Bangladesh;

(iv) “Council” means the Council of the Institution of Engineers, Bangladesh

elected according to its Constitution to act as its governing body;

(v) “Corporate Member” means such a person who has been elected as a

Corporate Member of the Institution of Engineers, Bangladesh as provided

in its constitution;

(vi) “Professional Engineer” means a person who by virtue of his/her

professional and academic qualifications has been elected as a Corporate

Member of the Institution and accepted by the Board to be registered as a

Professional Engineer which expression shall include all regular,

temporary and provisional enrolments as Professional Engineer;

(vii) “Constitution” means The Constitution of the Institution of Engineers, Bangladesh;

(viii) “Register” means the Register of Professional Engineers approved by the Board;

(ix) “Regulations” means a regulation made by the Bangladesh Professional

Engineers Registration Board as provided in Section 10 of this document.

(x) “Bye-Laws of the Institution” means the Bye-Laws of the Institution of

Engineers, Bangladesh framed under its Constitution ;

(xi) “Centre” means the centres ofr the Institution of Engineers, Bangladesh;

(xii) “Conduct” means professional conduct prescribed by the Bangladesh

Professional Engineers Registration Board;

(xiii) “Recognised Qualifications” means qualifications that are prescribed sufficient to enroll a person as a Professional Engineers as provided in Sections 9 and 10 of this document.

87.02.02 A Professional Engineer shall be deemed “to be in practice” when individually or in partnership with other Professional Engineers in practice, being self-employed or being engaged by others on a part time of full time basis who in consideration of remuneration received or to be received or otherwise :-

i) Engages himself/herself in the practice of Engineering;

ii) Offers to perform or performs services involving Engineering studies,

forcasting, planning, recording, design, construction, manufacture, operation, maintenance and any associated works or renders professional services or assistance in or about matters or principle or details relating to engineering analysis, evaluation, estimation or quality and quantity of works and their cost, techno-economic analysis, interpretation, inspection, certification and the like;

(iii) Renders professional services or assistance in or about any matter of engineering connected with organisation and methods, staffing, programming, policy formulation, management systems, procedures for maintaining or improving efficiency of an organisation in matters of planning, design, construction, production marketing, operation, maintenance, development, etc.;

(iv) Offers to perform or performs or renders professional services in or about any matter of engineering linked with or applied to any other branch of human knowledge and profession such as medicine, economics, agriculture, industry, law, business administration, marketing, journalism and so on;

(v) Renders professional services or assistance in or about any matter of engineering research and development, personnel development, teaching, training and publication;

(vi) Renders such other services as, in the opinion of the Board, are or may be rendered by a Professional Engineer in practice and the words “to be in practice” with their grammatical variations and cognate expressions shall be construed accordingly.

88.00 Terms of Office

88.01 The Ex-officio member will hold the office of the Board during the tenure of his appointment as Vice-President (Academic) of the IEB. There will be no bar on the re-nomination of the nominated members by the competent authority beyond their term of four years, or two in the case of the first Board. Provided that a member of the Board shall be deemed to have vacated his/her seat if he/she becomes insane or is declared as insolvent by any competent court or convicted for a criminal offence which implies moral turpitude or, in the case of engineering members, the offence includes unprofessional or infamous conduct or he or she loses his or her corporate membership of the Institution of Engineers, Bangladesh or his/her name is removed from the Register.

88.02 Any member may resign his or her membership by writing under his/her hand to the Chairman of the Board and the seat of such member shall be deemed to have fallen vacant from the date of acceptance of the resignation by the Chairman. The Chairman may then nominate a replacement to fill this vacancy.

88.03 The person nominated to hold a casual vacancy, as allowed for in article 4.4 above shall hold office for the remaining period of the term.

88.04 No member of Board shall hold office for more than two consecutive terms.

89.00 Meeting of the Board

89.01 The Board shall meet at least four times in a year at such time and place as may be decided by the Chairman. In case of emergency, the Registrar of the Board, with the consent of the Chairman, may call a meeting. The notice period of meetings of the Board shall be 15 days except, in cases of emergency, when the notice period shall be at least 7 days.
89.02 Every meeting of the Board shall be presided over by the Chairman or, if absent, by a Chairman to be elected by the members of the Board present amongst themselves.
89.03 Unless otherwise provided by Regulation, one third of the Board members shall from a quorum and all the Acts of the Board shall be decided by the majority of the members present and voting.
90.00 Incorporation of The Engineer’s Registration Board .The Bangladesh Professional Engineer’s Registration Board shall be a body corporate by the same name having perpetual succession and common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall be the said name sue and be sued.

91.00 Officers, Committees and Employees of the Board

The Board shall:
(i) Appoint or nominate such other officers and employees or engage such consultants, contractors, etc. As the Board deems necessary to carry out the purposes of these Bye-Laws.
(ii) Constitute from amongst its members or outside such Committee, Sub- Committees, Tribunals and other bodies for general or special purposes as it deems necessary to carry out the purposes of these Bye-Laws
(iii) Fix remuneration, allowances, honoraria as well as other terms and conditions for its office bearers, employees, advisers, consultants, contractors and others as the case may be, for services rendered to the Board.
(iv) Require and take from any officer or servant of the Board such security for the performance of his duties as the Board may deem fit.
(v) Appoint a Registrar.
(vi) All officers and other person appointed or employed by it on a full or part time basis, on payment of salaries or otherwise, shall be deemed to be public servants within the meaning of Section 21 of the Bangladesh Penal Code (The Act XLV of 1860).
(vii) No other Act of the Board or any Committee or Tribunal set by it shall be called into question on the grounds merely of existence of any vacancy in or any defect in the constitution of such Committee, Tribunal, etc.
(viii) Manage the funds and properties of the Board and account for them to the Council.

92.00 Headquarters of the Board and Branches

92.01 The Headquarters of the Board shall be at Dhaka.
92.02 The Bangladesh Professional Engineers Registration Board may establish branch offices at other places if it finds so necessary to carry out the purposes of these Bye-Laws.

93.00 Indemnity

The Board will not be liable for anything which is in good faith done or intended to be done under these Bye-Laws.

94.00 Responsibilities of the Board

94.01 The responsibilities for carrying out the purpose of these Bye-Laws shall be vested in the Board.
94.02 In particular, and without prejudice to the generality of the foregoing provision, the responsibilities of the board shall include:
94.02.01 The pursuit of international recognition for Professional Engineers who are registered with the Board including;
 The establishment of standards for enrolment as Professional Engineers.
 Ensuring that the prescribed standards are maintained.
 Development of these standards such they eventually
become accepted internationally.
 Negotiating with other overseas professional bodies the
mutual recognition of standards.
94.02.02 Prescribing of conditions for permanent, temporary and provisional enrolment as Professional Engineers, including;
 Mandatory Continuing Professional Development
(CPD)
 Training under Agreement
 Professional Reviews.
04.02.03 Recognition of foreign and local qualifications and training for purposes of permanent, temporary and provisional enrolment in the Register;
94.02.04 Promotion to Government of legislation regulation the performance, conduct and standards of Professional Engineers;
94.02.05 Promotion of reforms in the engineering profession;
94.02.06 Establishment of levels of fees for registration as a Professional Engineer;
94.02.07 Granting or refusal of registration for practice under these Bye-Laws;
94.02.08 Maintenance and publication of a Register of persons qualified to practice within the jurisdiction of Bangladesh as Professional Engineers and issuance of certificates confirming registration;
94.02.09 Removal of names from the Register and restoration of the names which have been removed;
94.02.10 Regulation and maintenance of the status and standards of professional qualifications of professional Engineers;
94.02.11 Exercise of such disciplinary powers over Professional Engineers and servants of the Board as may be prescribed;
94.02.12 Formation of such Standing Committees, adhoc
Committees, Enquiry Committees and Tribunal for
carrying out the purposes of these Bye-Laws, taking
disciplinary actions and hearing of complaints against
Professional Engineers as the Board deems necessary;
94.02.13 Levy and collecting of annual Registration fees and CPD assessment fees from the Institution or individuals for all enrolled Professional Engineers;
94.02.14 Delegation of powers to its Officers and Committees as necessary for smooth discharge of its functions;
94.02.15 Exercise of such other powers and taking such other steps as may be necessary for efficient functioning of the Bangladesh Professional Engineers Registration Board and carrying out the purposes of these Bye-Laws;
94.02.16 Prescribing Rules of Conduct for Professional Engineers;
94.02.17 Accreditation of graduate and post graduate engineering
qualifications;
94.02.18 Establishment of budgets for the financial management of the Board and presentation to Council annually of the following approval:
 Audited accounts
 Annual report
 Budget for the coming year
 Proposals for appointment of auditors

95.00 Power to Make Regulations

95.01 The Board, may make regulations generally to carry out the purposes of these Bye-Laws and without prejudice to the generality of this power, such Regulations may provide for :-
(i) The management of the property of the Board and the
maintenance and audit of its accounts.
(ii) The summoning and holding meetings of the Board conducting of the business in such meetings and maintenance of records and decisions thereof.
(iii) The powers and duties of the Chairman, Registrar and other officers of the Board
(iv) The mode of appointment of ad-hoc Committees, Sub-
Committees, Standing Committees, Enquiry Committees,
Tribunals, Complaints Committees, etc.
(v) The mode of engaging employees, advisers, consultants, contractors, etc.
(vi) The method of enrolment and the procedure for maintenance and compilation of the Register and publication of the list of practicing Professional Engineers intending to practice in engineering within the jurisdiction of Bangladesh.
(vii) Any other matter for which under these Bye-Laws provision may be made by Regulations.
95.02 Not withstanding anything contained in the above Sub-section, the Board in consultation with the concerned agencies and the Institution may make regulations provide for the recognition of academic qualifications and other matters as follows;
(i) Prescribing the conditions and standards to be achieved and maintained for permanent, temporary and provisional enrolment as Professional Engineers;
(ii) Prescribing a uniform minimum standard of courses of training for obtaining accredited graduate and post-graduate Engineering qualifications;
(iii) Prescribing minimum requirements for the content and duration of courses of stud as aforesaid;
(iv) Prescribing the minimum requirements for admission to courses of training as aforesaid;
(v) Notifying which Engineering qualifications granted by the Engineering Institutions in Bangladesh and outside are recognised by the Board;
(vi) Prescribing the qualifications and experience required for professional qualifications in all branches of Engineering antecedent to granting of recognised Engineering qualifications;
(vii) Suggesting model terms of contract for providing professional services in different disciplines;
(viii) Prescribing professional conduct for individuals, groups and enterprises engaged in Engineering works in Bangladesh.

96.00 Liaison with Engineering Institutions and the Public Service Commission

96.01 The Board shall maintain liaison with Engineering Educational Institutions, the Public Service Commission, the Institution of Engineers, Bangladesh and such other bodies which hold examinations for grant of academic and professional degree and selecting persons for entry into public and other services in order to ensure that a uniform standard is maintained in prescribing the professional qualifications as mentioned in section 96.02
96.02 In matters of registration of Professional Engineers, the decision of the Board about prescribing the examination standards, or the recognised qualifications or such qualifications possession of which may exempt a person form passing a prescribed examination shall be final

97.00 Maintenance of Register of Professional Engineers

97.01 The Board shall maintain a Register of Professional Engineers.
97.02 The names of only those Engineers who possess recognised qualifications and maintain the standards of professional development as prescribed in these Bye-Laws and the regulations provided for in clause 11, will be entered into the said Register and as a result of which they will be called Professional Engineers.
97.03 The Board may also enter provisionally or for a temporary period of specified duration, names of such persons in the Register who may qualify for such provisional and temporary registration as may be provided in the Regulation framed under this document.
97.04 The register shall include the following particulars about evg3ery. Professional Engineer:
(i) His or her full name, date of birth, domicile, residential and professional address;
(ii) The date on which his or her name is entered in this Register;
(iii) His or her qualification;
(iv) Professional disciplines in which he or she intends to practice Engineering;
(v) Any other particulars that may be prescribed.
97.05 The Board shall cause to be published in the national press, in manner as may be prescribed, a list of the new Professional Engineers as on the first day of July of each year.
97.06 The Register may be in separate volumes and separate Registers may be maintained for the regular Professional Engineers and the provisional and temporary entries.

98.00 Registers to be Public documents

The Register maintained under Clause 98 shall be deemed to be a public document.

99.00 Removal of names from the Register

99.01 The Board may remove from the Register the name of any Professional Engineer.
i. Who is dead, or
ii. From whom a request has been received to that effect;
iii. Who has not paid within a period to be defined by the Board, any prescribed fee required to be paid by him/her and prescribed by the Board;
iv. Who after enquiry is found to have broken the Rules of Conduct;
v. Who has not attained the required level of CPD in the given time period, as prescribed in 95.02 (ii);
99.02 The Bangladesh Professional Engineers Registration Board may also remove the name of any person from the Register who suffers disabilities in the following respects :-
i. Is of “nso” nd mind and stands so adjudged by a competent court; or
ii. Is an undischarged insolvent; or
iii. Having been discharged of insolvency, has not obtained from the Court a certificate confirming that his/her insolvency was caused by misfortune, without any misconduct from his or her part; or
iv. Has been convicted by a competent court, whether within or without Bangladesh, of an offence involving moral turpitude and punishable with imprisonment and/or responsible for an offence, not of a technical nature, committed by him/her in his/her professional capacity unless in respect of the offence committed, he/she has either been granted a pardon or on an application made by him/her in this behalf, the Government has, by an order in writing removed the disability.
99.03 The Boards in its discretion may remove from the Register the name of any person who has been adjudged guilty of infamous conduct in any professional respect, after holding an enquiry at which opportunity has been given to such person to be heard in person of through advocate or pleader, and dealing with the case in the manner prescribed in the regulations framed for this purpose under this Bye-Laws. For the purpose of enquiry in this respect, the Board shall be deemed to be a Court within the meaning of the Evidence of the Act 1972 (1 of
1972). and shall exercise all the powers of a Commissioner appointed under the Public Servant’s (Inquires) Act 1850 (XXXVII of 1850).
99.04 The name of any person whose Corporate Membership of the Institution of Engineers, Bangladesh or any other Professional Engineering body, is withdrawn or suspended shall also be removed from the register for the duration of suspension or withdrawal of such corporate membership.

100.00 Privileges of the Professional Engineer

A person who has fulfilled the prescribed requirements and whose name has been entered and remains in the Register at the order of the Board will be called a Professional Engineer and will be entitled to use the abbreviations P.Eng after his or her name, and will be able to use such insignia, emblems, etc. as the Board may prescribe and award.

101.00 Responsibilities of a Professional Engineer

101.01 Every Professional Engineer shall notify any transfer of his or her residence or practice to the Board within 60 days of such transfer.
101.02 No professional Engineer shall use or publish in any way whatsoever any name, title, description or symbol indicating or calculated to lead persons to infer that he or she possesses any professional qualification unless the same has been conferred upon him by a legally constituted authority within or outside Bangladesh.

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