BPERB CONSTITUTION & COMPOSITION

Byelaws of Bangladesh Professional Engineers Registration Board
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 as follows.

1.0 SHORT TITLE, EXTENT AND COMMENCEMENT :

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

2.0 DEFINITIONS

2.1. 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 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 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 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. “Regulation” 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 byelaws of the Institution of Engineers, Bangladesh framed under its Constitution.
XI. “Center” means the centers of the Institution of Engineers, Bangladesh.
XII. “Conduct” means professional conduct prescribed by the Bangladesh Professional Engineers Registration Board.
XIII. “Recognized qualifications” means qualifications that are prescribed
sufficient to enroll a person as a Professional Engineer as provided in Sections 9 and 10 of this document.
2.2 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 or 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, forecasting, 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 organization and methods, staffing, programming, policy formulation, management systems, procedures for maintaining or improving efficiency of an organization 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 of 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.

3.0 TERMS OF OFFICE

3.1 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.
3.2 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.
3.3 The person nominated to hold a casual vacancy, as allowed for in article 3.2 above, shall hold office for the remaining period of the term.
3.4 No member of the Board shall hold office for more than two consecutive terms.

4.0 MEETING OF THE BOARD

4.1 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.
4.2 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.
4.3 Unless otherwise provided by Regulation, one third of the Board members shall form a quorum and the majority of the members present and voting shall decide all the Acts of the Board.

5.0 INCORPORATION OF THE ENGINEERS REGISTRATION BOARD

5.1 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 by the said name sue and be sued.

6.0 OFFICERS, COMMITTEES AND EMPLOYEES OF THE BOARD

6.1 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 Byelaws.
II. Constitute from amongst 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 Byelaws.
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 persons 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.

7.0 HEADQUARTERS OF THE BOARD AND BRANCHES

7.1 The Headquarters of the Board shall be at Dhaka
7.2 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 Byelaws.

8.0 INDEMNITY

8.1 The Board will not be liable for anything, which is in good faith done or intended to be done under this these Byelaws.

9.0 RESPONSIBILITIES OF THE BOARD

9.1 The responsibilities for carrying out the purpose of these Byelaws shall be vested in the Board.
9.2 In particular, and without prejudice to the generality of the foregoing provision, the responsibilities of the Board shall include
I. 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 professional standards are maintained
 Development of these standards such they eventually become accepted internationally
 Negotiating with other overseas professional bodies the mutual
recognition of standards
II. Prescribing of conditions for permanent, temporary and provisional enrolment as Professional Engineers including
 Mandatory Continuing Professional Development (CPD)
 Training under Agreement
 Professional Reviews
III. Recognition of foreign and local qualifications and training for purposes of permanent, temporary and provisional enrolment in the Register
IV. Promotion to Government of legislation regulating the performance, conduct and standards of Professional Engineers
V. Promotion of reforms in the engineering profession
VI. Establishment of levels of fees for registration as a Professional Engineer
VII. Granting or refusal of registration for practice under these Bye-Laws
VIII. 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
IX. Removal of names from the register and restoration of the names which have been removed
X. Regulation and maintenance of the status and the standards of professional qualifications of Professional Engineers
XI. Exercise of such disciplinary powers over Professional Engineers and servants of the Board as may be prescribed
XII. Formation of such Standing Committees, ad-hoc Committees Inquiry Committees and Tribunals for carrying out the purpose of these Bye-Laws, taking disciplinary actions and hearing of complaints against Professional Engineers as the Board of deems necessary
XIII. Levy and collecting of annual Registration fees and CPD assessment fees from the Institution or individuals for all enrolled Professional Engineers
XIV. Delegation of power to its Officers and Committees as necessary for smooth discharge of its function
XV. 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 purpose of these Bye- Laws
XVI. Prescribing Rules of Conduct for Professional Engineers
XVII Accreditation of graduate and post graduate engineering qualifications
XVIII . Establishment of budgets for the financial management of the Board and presentation to Council annually of the following for approval
 Audited accounts
 Annual report
 Budget for the coming year
 Proposals for appointment of auditors

10. POWER TO MAKE REGULATIONS

10.1 The Board, may make regulations generally to carry out the purpose 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, Inquiry 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. The procedure for holding inquiries and taking disciplinary actions should the institution fail to resolve the complaints about the professional conduct of Professional Engineers including those having provisional or temporary registration
VIII. Any other matter for which under these Bye-Laws provision may be made by Regulations
10.2 Not withstanding anything contained in the above Sub-Section, the Board in consultation with the concerned agencies and the Institution may make regulations to 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 study 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 recognized by the Board.
VI. Prescribing the qualifications and experience required for professional qualifications in all branches of Engineering antecedent to granting of recognized 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.

11.0 LIASON WITH ENGINEERING INSTITUTIONS AND THE PUBLIC SERVICE COMMISSION

11.1 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 standards is maintained in prescribing the professional qualifications as mentioned in section 11 (2).
11.2 In matters of registration of Professional Engineers, the decision of the Board about prescribing the examination standards, or the recognized qualifications or such qualifications possession of which may exempt a person from passing a prescribed examination shall be final.

12.0 MAINTENANCE OF REGISTER OF PROFESSIONAL ENGINEERS

12.1 The Board shall maintain a Register of Professional Engineers
12.2 The Names of only those Engineers who possess recognized qualifications and maintain the standards of professional development as prescribed in these Bye-Laws and the regulations provided for in clause 11, will entered into the said Register and as a result of which they will be called Professional Engineers
12.3 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
12.4 The Register shall include the following particulars about every
Professional Engineer .
I. His or her full name, date of birth, domicile, resident 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.
12.5 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.
12.6 The Register may be in separate volumes and separate Registers may be maintained for the regular Professional Engineers and the provisional and temporary entries.

13.0 REGISTERS OF NAMES FROM THE REGISTER

13.1 The Register maintained under Section 13 shall be deemed to be a public document.

14.0 REMOVAL OF NAMES FROM THE REGISTER

14.1 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 inquiry 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 10.2.1
14.2 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 unsound mind and stands so adjudged by a competent court ; or
II. Is an undercharged 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.
14.3 The Board 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 inquiry at which opportunity has been given to such person to be heard in person or through advocate or pleader, and dealing with the case in the manner prescribed in the regulations framed for this purpose under these Bye-Laws. For the purpose of inquiry 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 (Inquiries) Act 1850 (XXXVII) of 1850)
14.4 Th 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.

15.0 PRIVILEGES OF THE PROFESSIONAL ENGINEER

15.1 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.

16.0 RESPONSIBILITIES OF A PROFESSIONAL ENGINEER

16.1 Every Professional Engineer shall notify any transfer of his or her residence or practice to the Board within 60 days of such transfer.
16.2 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
16.3 Every Professional Engineer shall abide by the rules of Conduct set by the Board.

17.0 FRAUDULENT, REPRESENTATION OR REGISTRATION AND PENALTY

17.1 No person shall –
I. Use a name or a common seal which is identical with or resembles the name or the common seal of the Board so as to deceive the public
II. Use the designation Professional Engineer or any abbreviation thereof in a manner as to fraudulently impress that he or she is a Professional Engineer or in any fraudulent manner hold himself or herself out as a Professional Engineer.
III. Practice in any manner whatsoever as a Professional Engineer without being duly recognized by the Board as such
IV. Award any degree, diploma or certificate or vest any designation which indicate or purports to indicate the possession or attainment of any qualification or competence possessed by a person, which entitles him or her to be a Professional Engineer.
V. Seek to regulate in any manner whatsoever the profession of Professional Engineer.
VI. Seek to represent the cause of Professional Engineers by forming a group society or association in any manner whatsoever.

18.0 THE FUND

18.1 There shall be established a fund under the management and control of the Board into which shall be paid all moneys received by the Board and out of which shall be met all expenses and liabilities properly incurred by the Board.
18.2 The sources of the fund shall include but not be limited to the annual Registration fees and CPD assessment fees for Professional Engineers collected by the Board, also contributions from the Government, voluntary subscription and contribution from other bodies, donations, sale of periodicals and any other matter that the Board may have to offer to sell, patent and license fees and fees for any other service rendered by the Board.
18.3 All receipts and expenditure shall be properly accounted for and audited.

19.0 REPORTS AND INFORMATION TO BE SUBMITTED TO THE GOVERNMENT

19.1 The Board shall furnish to the Government any general or specific reports on financial or any other matter and furnish such information about any person who has been admitted as a Professional Engineer or refused to be so recognized as may be required by the Government from time to time.

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